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Mike McDaniel


NextImg:Guns: California ignores the Constitution

The Supreme Court’s Heller (2008), McDonald (2010) and Bruen (2022) decisions really screwed things up for the anti-liberty/gun left. Suddenly, the Second Amendment meant what it said and Americans had an individual right to keep and bear arms wherever they might be, with the exception of certain “sensitive” places like courthouses, jails and prisons. Even worse for Democrats, Americans not legally prohibited from gun ownership, like convicted felons or those adjudicated mentally ill, must be issued concealed carry licenses. 

Blue cities and states had, until Bruen, imposed all manner of fees, certifications, training and other unconstitutional requirements to make it too expensive or too time-consuming and frustrating to obtain a license. Some jurisdictions required applicants prove themselves of good character. Of course, there was no amount of proof such jurisdictions would accept unless one was politically connected, famous or very rich. Joe Average American was out of luck. Any and every petty and stupid bar to getting a license was tried, but Bruen ruined the party. These roadblocks were all part of “may issue” registration schemes which Bruen turned into “shall issue” mandates. Most states chose to obey the Constitution.

However, anti-liberty/gun people’s republics like California continue to try to occupy the non-existent gray area between may issue and shall issue. There is no gray area. Either applicants without legal bars are issued licenses or they aren’t. If they aren’t it’s an unlawful, may issue state. There can be no “justifiable need” or “good cause” requirement. All that’s necessary is to be an adult American.

But in some places like California and New Jersey, despite the Supreme Court’s decisions, that’s not enough. One must provide multiple character references:

Graphic: X Post

Background investigator in San Mateo County [long known as anti-gun]  called one of my buddy’s during the reference check. She asked if he could say anything negative about me, if I complain about anything or have personal problems I bring up to him. My buddy couldn't think of any and mentioned he has only positive things to say. She kept trying to fish for something and wouldn't let it go, twisting my buddy's arm. But he got uncomfortable after a while and probably said something to her that might've offended her and hung up. 

The same day the investigator emailed & called me telling me that I've been red flagged because my buddy was rude to her and my application is at jeopardy because my buddy wasn’t forthcoming of any of my complaints. She thought his behavior was unprofessional and said my application can’t proceed until she resolves whatever personal problem she has with him. She demanded that my buddy apologize to her over email so she can have it on record. And she said my application is at risk until this gets addressed. She also wouldn't accept another reference, only an apology. 

The article acknowledges they can’t confirm that every word is accurate, but California’s sheriffs can add all manner of discretionary elements to the process and Californians face fees of from $200 to $1000 dollars for “processing.” That’s potentially more than the cost of most common concealed carry handguns.

If the accusation is true, it’s certainly outrageous. Requiring character references is clearly unconstitutional. Bruen requires regulations to have a basis in America’s history of gun regulations, and no such regulations have ever been required. Understanding that, why would any state government or sheriff’s office’s so blatantly violate the law?

Democrats are trying to save “our democracy,” which is the opposite of our constitutional, representative republic. In “our democracy,” Democrats always get to win, regardless of their numbers in legislatures and the intentions and votes of Americans. If the constitution requires citizens not otherwise lawfully excluded be given concealed carry licenses without ruinous fees, delays and hoop jumping, Democrats feel justified in doing whatever is necessary to thwart the will of the American people, and the Constitution, because they’re saving “our democracy”—their power.

They know when someone or some organization sues them, it’s likely their Democrat-dominated federal district courts will rule in their favor against the Constitution and so will Federal appeals courts. This can easily take years during which they get to deprive Americans of unalienable liberties. They also hope that by the time the case reaches the Supreme Court they will have packed it with reliable leftists and the Second Amendment can be ignored or ruled irrelevant.

We have essentially two choices: do what’s necessary to force California to actually obey the Constitution, or let it go fully communist—even more than now--and build a big, beautiful wall to keep them all in to more fully enjoy “our democracy.”

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Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.