BATNA — and are illegals part of the people as defined by the US Constitution? Let’s touch on these two issues in this week’s 2A blog.
BATNA
In negotiation theory, the best alternative to a negotiated agreement or BATNA (no deal option) refers to the most advantageous alternative course of action a party can take if negotiations fail and an agreement cannot be reached.
Mr. Tom H. Hastings, is the director of PeaceVoice, and the coordinator of conflict resolution BA/BS degree programs and certificates at Portland State University. He recently wrote a ridiculous article in the Lockport Journal:
“…So, back to gun control vs. gun rights. My choice of BATNA would be, ‘Look, gun rights people, we want to negotiate common sense regulations with you. However, literally every time we pass such measures at the local or state level, you work to overcome the will of the people by challenging those commonsense measures in court, with your lawsuits, and it’s all based on the Second Amendment.
No other country has anything like the Second Amendment and other countries that have dealt with this issue have passed commonsense restrictions, such as the assault weapon ban in Australia virtually immediately after a mass shooting there.
So we have a best alternative to a negotiated agreement. Our BATNA is that we are going to stop all other gun control work and focus all our resources on a campaign to repeal the Second Amendment. We have a template for that; the amendment outlawing alcoholic beverages was passed and a decade later that Amendment was repealed. We are either going to get your commitment to allow our democratically produced local and state laws honored or we will end our negotiations and begin a massive campaign to overturn the Second Amendment’…”
As written in the 1990’s book “Getting To Yes”, BATNA is the “best alternative to a negotiated agreement”. Well, when dealing with the dangerous quacks like Mr. Hastings on the anti-gun left, it’s readily apparent that they have not thought through where they are going with their demand to repeal the Second Amendment and disarm the American people. Even if somehow the Second Amendment was repealed, it does not remove your right to defend your life, liberty, and pursuit of happiness.
Dangerous Quacks are just like Hamas in Gaza: you can’t negotiate with people who want you dead. To soyboy Mr. Hasting’s I say; “Come and Take Them”.
ARE ILLEGALS PART OF THE PEOPLE?
The simple answer is NO! Mark W. Smith over at the Four Boxes Diner gives a great explanation of a case out of the US 5th Circuit Court of Appeals clearly explaining this issue and referenced not just the Hellerand Bruen cases, but also the Verdugocase. A burglar does not become a part of your family by simply breaking into your home and sitting on the living room couch. It’s the same with illegals presently in our country. You can watch Mr. Smith’s explanation in this short YouTube videohere.
We as 2A advocates need to fight like hell this election season to ensure “Heels-Up” Harris and valor-stealing Walz do not get elected to the White House come November.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by donating to IFC-PAC today. Those small recurring monthly donations of $10, $25, or $100 make a huge difference in our ability to get the message of freedom out there.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Dave Funk Member, Board of Directors Iowa Firearms Coalition
Yes, you do need standard capacity magazines and not artificially low limits (like those shown above). You cannot count on only needing five or ten rounds. If you watched the news last week, two stories should provide all of the proof you need to slap back the anti-self-defense dangerous quacks.
First out of Aurora, Colorado is a video of armed Venezuelan gang members taking over multiple apartment complexes. This is exactly why Americans need modern sporting rifles:
And, there is this incredible video out of Staten Island, for years considered the safest Borough in New York City. The video illustrates why you need a pistol with at least 15 rounds in its magazine.
I’ll cite two experts for you, with advice on these attacks. The first is Massad Ayoob who I have studied under multiple times. Under the doctrine of disparate force as explained by Mass here, when you’re outnumbered or facing younger, stronger, and violent felons, lethal force is a legal option.
John Farnam over at AmmoLand.com cites these three lessons:
1) The “illusion of safety”
THE ILLUSION OF SAFETY
This vicious, unprovoked attack took place in the middle of a sunny day, in a “gun-free” school zone, and within a quiet residential area.
Reputation and symbolism (e.g., “safety zones”) protect no one!
2) “When you leave them alone, they’ll leave you alone” represents a self-deceptive fantasy!
These vicious, murderous [possibly illegal-alien] gangs know no limits, do not fear the “authorities,” have no compunction about randomly maiming/murdering anyone they choose, and respect no boundaries (particularly symbolic ones).
Too many honest, decent, productive citizens believe their personal respectability should, and does, magically protect them from harm.
Nonsense, as we see!
3) “Retreat, and they’ll let you go.”
More nonsense!
This victim did his best to disengage and run away. The gang overtook him, chased him down, and physically attacked him, in unison.
Unless you want to be totally defenseless like many in the blue states currently are, we need to boot out the Obama/Biden/Harris regime. We, as 2A advocates, need to fight like hell this election season to ensure “Heels-Up” Harris and valor-stealing Walz do not get elected to the White House come November.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by donating to IFC-PAC today. Those small recurring monthly donations of $10, $25, or $100 make a huge difference in our ability to get the message of freedom out there.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Dave Funk Member, Board of Directors Iowa Firearms Coalition
BRUEN is the gift that keeps on giving! You may have already seen IFC’s coverage about the ruling by the U.S. District Judge John W. Broomes out of Wichita that dismissed machine gun charges in US v Tamori Morgan. This is a monster case using Bruen, Rahimi, and nowMorgan, regarding the NFA. Our fellow BOD member and past Chairman Michael Ware covers it in a detailed video here.
Second Amendment to the US Constitution text on parchment paper
SCOTUS ruled in the Bruen Case that all courts are now required to follow the historical analog that use historical precedents from the time of our nation’s founding, and not some made-up needs balancing test. That’s exactly what Judge Broomes did in the Morgan. I’ll summarize it here directly from his ruling:
“Under the Second Amendment, “the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. amend. II. “[T]he Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” D.C. v. Heller, 554 U.S. 570, 582 (2008). To keep arms means, simply, to possess arms. Id. at 583. If the plain text of the Second Amendment applies to a defendant’s conduct, the government has the burden to show that the regulation is consistent with this nation’s historical firearm regulation tradition. New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 17 (2022). This standard requires a “historical analogue” between the modern regulation and historical regulations, not a “historical twin.” United States v. Rahimi,”
Judge Broomes concludes with this:
“To summarize, in this case, the government has not met its burden under Bruen and Rahimi to demonstrate through historical analogs that regulation of the weapons at issue in this case are consistent with the nation’s history of firearms regulation. Indeed, the government has barely tried to meet that burden. And the Supreme Court has indicated that the Bruen analysis is not merely a suggestion. In Vincent v. Garland, 80 F.4th 1197 (10th Cir. 2023), the Tenth Circuit side-stepped the Bruen analysis in a challenge to the prohibition against felons possessing firearms under 18 U.S.C. § 922(g)(1), concluding that Bruen did not abrogate the Tenth Circuit’s prior decision, United States v. McCane, 573 F.3d 1037 (10 th Cir. 2009), which upheld the constitutionality of § 922(g)(1) in the face of a Second Amendment challenge.. Vincent, 80 F.4th at 1202.
Nevertheless, just last month the Supreme Court vacated Vincent and remanded it for further consideration in light of Rahimi. Vincent v. Garland, No. 23-683, 2024 WL 3259668 (U.S. July 2, 2024). The court interprets that as indicating that the Supreme Court means what it says: “The constitutionality of laws regulating the possession of firearms under the Second Amendment must be evaluated under the Bruen framework.”
REACTIONS
I love what Jeff Charles pointed out in his RedState.com column on August 24, 2024. This ruling set off the anti-gun dangerous quacks in an amazing fashion;
Janet Carter, senior director of issues and appeals at Everytown Law, a leading anti-gun organization, criticized Broomes’ decision, saying it is “appalling that the District Court would so brazenly put the deadly agenda of the gun lobby over the safety of Kansans.”
“Machine guns – guns capable of automatic firing – have been tightly regulated under federal law since the 1930s. The laws banning them are not only constitutional but crucial to public safety. These weapons of war, capable of causing irreparable harm to countless innocent people, have no place in our communities,” she added.
Of course, Ms. Carter could not explain a reasoned legal objection to the ruling, only an emotional response.
VOTE!
If you want to keep racking up these court victories we need to boot out the Obama/Biden/Harris regime. We as 2A advocates need to fight like hell this election season to ensure “Heels-Up” Harris and valor-stealing Walz do not get elected to the White House come November. Are you registered to vote?
Please stay Ready at All Times, and help us defend all of Iowa’s rights by donating to IFC-PAC today. Those small recurring monthly donations of $10, $25, or $100 make a huge difference in our ability to get the message of freedom out there.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Dave Funk Member, Board of Directors Iowa Firearms Coalition
NRA CEO Doug Hamlin calls out Governor Walz as an opportunist on 2A. Hamlin has called out Vice President wannabe Tim Walz in a recent Washington Times opinion letter published on August 15th. In that article, Hamlin issues a scathing rebuke of just what a political opportunist Walz is.
To Quote Hamlin:
In a political landscape full of dishonesty, Minnesota Gov. Tim Walz has distinguished himself as an egregious political opportunist when it comes to gun rights.
“A camouflage hat and some hunting pictures cannot hide the fact that Mr. Walz’s policies would eviscerate our Second Amendment rights. His actions betray the principles he once claimed to uphold. In their introductory political rally, Mr. Walz and Vice President Kamala Harris, the Democratic presidential nominee, made it clear that they plan to continue their assault on the Second Amendment. Mr. Walz’s hypocrisy and extremism are a danger to our fundamental freedoms.
When running for Congress in a rural southern Minnesota district, Mr. Walz touted his support for the right to bear arms and its importance in personal protection. At the time, his stance earned him positive marks from the National Rifle Association’s Political Victory Fund. Mr. Walz’s record included votes against an assault weapons ban and support for concealed carry in national parks.”
In Hamlin’s closing statement:
We must not allow our rights to be stripped away by politicians who flip-flop on our freedoms to suit their ambitions. We must remain vigilant and vocal, ensuring that the Second Amendment is upheld and our rights are preserved for future generations. Tim Walz’s betrayal is a call to action for all freedom-loving Americans to defend our constitutional rights with unwavering resolve.
We as 2A advocates need to fight like hell this election season to ensure
“Heels-Up” Harris and valor-stealing Walz
do not get elected to the White House come November.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by donating to IFC-PAC today. Those small recurring monthly donations of $10, $25, or $100 do make a huge difference in our ability to get the message of freedom out there.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Dave Funk Member, Board of Directors Iowa Firearms Coalition
Pistol brace win in Iowa, by none other than the stalwart defender of Iowa’s Constitutional rights, our own Attorney General, Brenna Bird. I can’t do her brief press release justice, so I’ll post it here:
Attorney General Bird Celebrates Win in Defending Stabilizing Braces
FOR IMMEDIATE RELEASE: Friday, August 9, 2024 Contact: Alyssa Brouillet | Communications Director | 515-823-9112 | alyssa.brouillet@ag.iowa.gov
DES MOINES—Iowa Attorney General Brenna Bird today announced a victory in defending stabilizing braces, the firearms attachments designed to help people with disabilities protect themselves by improving safety and accuracy. Attorney General Bird released the following statement in response to the federal court of appeals’ decision:
“This victory upholds Americans’ constitutional rights and stops the Biden-Harris ATF’s illegal attempt to make millions of law-abiding citizens felons overnight. As Attorney General, I will continue fighting back against the Biden-Harris administration’s aggressive power grabs and to defend Iowans’ constitutional rights.”
This is huge because it protects Iowans against the Biden/Harris BATFE overreach. You have all watched this process play out across several Federal Court Circuits and the wins just keep on coming against the Administrative States’ unconstitutional overreaches.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by donating to IFC-PAC today. Those small recurring monthly donations of $10, $25, or $100 make a huge difference in our ability to get the message of freedom out there.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Dave Funk Member, Board of Directors Iowa Firearms Coalition
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A burglar does not become a part of your family by simply breaking into your home and sitting on the living room couch. It’s the same with illegals presently in our country. You can watch Mr. Smith’s explanation in this short YouTube video here. 
Democratic presidential nominee, made it clear that they plan to continue their assault on the Second Amendment. Mr. Walz’s hypocrisy and extremism are a danger to our fundamental freedoms.
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