Matthew Kolken Profile picture
Oct 26 16 tweets 4 min read Twitter logo Read on Twitter
"People have heard about Uvalde, Texas. They have heard about Sandy Hook, Parkland, the Pulse nightclub, and other tragic mass shootings. But they do not hear of the AR-15 used in Florida by a pregnant wife and mother to defend her family from two armed, hooded, and masked home intruders."
"As soon as the armed intruders entered the back door of her home they pistol-whipped her husband -- fracturing his eye socket and sinus cavity. Then they grabbed the 11-year old daughter. The pregnant wife and mother was able to retrieve the family AR-15 from a bedroom and fire, killing one of the attackers while the other fled."
"It does not require much imagination to think what would have happened next if the woman had lived in California and could not possess such a firearm."
"People do not remember the disabled 61 year-old man living alone on a 20-acre property in Florida with dense woods and a long dirt driveway. After the homeowner had gone to bed, three men armed with a shotgun, pistol, and BB gun invaded. One wore a 'Jason' hockey mask."
"The disabled victim said he was awakened by a loud noise and grabbed the AR-15 laying near his bed. He saw the masked man and a second man coming toward him inside his home. Gunfire was exchanged. By the time police arrived, one attacker had run away, one lay wounded outside, and one was dead on the dining room floor."
"Police found the disabled man in his bedroom alive, but bleeding from a gunshot wound to the stomach. The AR-15 lay across his legs. Without his modern rifle, the victim would have become an evidence tag and a forgotten statistic."
"People do not hear about the AR-15 used by a young man in Oklahoma to defend himself from three masked and armed home invaders clothed in black. The three intruders broke through a rear glass door. Though outnumbered, the homeowner put up a successful defense with his AR-15."
"People do not hear about the AR-15 that was needed when seven armed and masked men burst through a front door at 4:00 a.m. firing a gun. Outnumbered seven to one, it took the resident 30 rounds from his AR-15 to stop the attackers."
"The Department of Justice reports that in the year 2021, in the entire country 447 people were killed with rifles (of all types). From this one can say that, based on a national population of 320 million people in the United States, rifles of any kind (including AR-15s) were used in homicides only 0.0000014% of the time."
"Put differently, if 447 rifles were used to commit 447 homicides and every rifle-related homicide involved an AR-15, it would mean that of the approximately 24,400,000 AR-15s in the national stock, less than .00001832% were used in homicides. It begs the question: what were the other AR-15 type rifles used for? The only logical answer is that 24,399,553 (or 99.999985%) of AR-15s were used for lawful purposes."
"We hear constantly about mass shootings for days and weeks and on anniversaries. But how often do we celebrate the saving of the life of Jane Doe because she was able to use a semi-automatic weapon to defend herself and her family from attackers? Are the lives of Jane, John, and Junior Doe worth any less than others? Are they less important?"
"In any event, the arms the State bans as 'assault weapons' are no more dangerous than other arms the State does not ban. The banned arms are just modern versions of rifles, shotguns, and pistols. For example, a Springfield 1911 pistol with a threaded barrel is an 'assault weapon,' according to California law. The same 1911 pistol (standard issue for the United States military for decades) without a threaded barrel, is fine. An AR-15 with normal parts is banned, but the same AR-15 with an awkward shark fin grip, an unmovable stock, and a barrel compensator in place of a flash hider, shooting the same ammunition, is fine."
"Like a cut diamond, the uniquely American right to keep and bear arms is multi-faceted. The unalienable right to have firearms for self-defense existed before the Bill of Rights and today remains the central protection of the Second Amendment. It is a right that was recognized in English common law and in the American colonies."
"There is a corollary right, perhaps important in the future and unquestioned at the time of the founding, to have firearms useful to bring to militia service. United States v. Miller held that sawed-off shotguns were not protected because there was no evidence that they were useful for military purposes."
"The obvious corollary was that weapons that could be useful for military purposes would be protected by the Second Amendment." Miller v. Bonta (2023)
"Unless the Supreme Court clearly says otherwise, commonly owned weapons that may be useful for war and are reasonably related to militia use are also fully protected, so long as they are not useful solely for military purposes. Modern semiautomatic rifles, shotguns, and pistols are such reasonably-related arms. " Miller v. Bonta (2023)

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More from @mkolken

Jun 7
Breaking 2nd Amendment victory out of the US Court of Appeals for the Third Circuit (NJ, PA, DE). En banc panel finds that a person with a State food stamp fraud conviction punishable with imprisonment up to 5 years should not be deprived of #2A rights. www2.ca3.uscourts.gov/opinarch/21283…
Court's reasoning:

"We begin with the threshold question: whether Range is one of 'the people' who have Second Amendment rights."

"First, the criminal histories of the plaintiffs in Heller, McDonald, and Bruen were not at issue in those cases. So their references to… twitter.com/i/web/status/1…
"—to conclude that Range is not among 'the people' for Second Amendment purposes would exclude him from [having rights to assemble peaceably, to petition the government for redress, and to be protected against unreasonable searches and seizures.]"
Read 26 tweets
May 17
BREAKING #2A News: Federal District Court Judge issues preliminary injunction temporarily blocking the State of New Jersey's new gun laws. storage.courtlistener.com/recap/gov.usco…
"...what the State and the Legislature-Intervenors ignore, and what their empirical evidence fails to address, is that this legislation is aimed primarily—not at those who unlawfully possess firearms—but at law-abiding, responsible citizens who satisfy detailed background and… twitter.com/i/web/status/1…
"Our Founding Fathers were aware of the dangers such laws pose. In his Commonplace Book, Thomas Jefferson quoted from Italian philosopher Cesare Beccaria’s work, On Crime and Punishment, where Beccaria discussed the 'False Ideas of Utility':

Laws that prohibit the carrying of… twitter.com/i/web/status/1…
Read 142 tweets
May 9
As a Jewish American, I offer the "Warsaw Ghetto Uprising" as an example of the importance of the Second Amendment and why it was designed to protect the average civilian's right to own rifles that may be used in a theater of war. Image
"On April 19, 1943, the eve of the Passover holiday, the Jews of the Warsaw ghetto began their final act of armed resistance against the Germans. Lasting twenty-seven days, this act of resistance came to be known as the Warsaw ghetto uprising."
"The Jewish Combat Organization (ŻOB) had received advanced warning of a final deportation action planned by the Germans. In response, the ŻOB warned residents of the ghetto to retreat to their hiding places or bunkers."
Read 14 tweets
May 1
BREAKING #2A News: Federal District Court Judge in Illinois enters preliminary injunction blocking State's new “assault weapon” ban, limiting magazine capacity to 10 rounds, and creating a registry for currently owned semi-automatic rifles. storage.courtlistener.com/recap/gov.usco…
"As Americans, we have every reason to celebrate our rights and freedoms, especially on Independence Day."
"Can the senseless crimes of a relative few be so despicable to justify the infringement of the constitutional rights of law-abiding individuals in hopes that such crimes will then abate or, at least, not be as horrific?"
Read 57 tweets
Apr 26
The 6th Circuit Court of Appeals has ruled that placing a bump stock on a semi-automatic rifle does not make it 'machinegun' as defined by the National Firearms Act of 1934. opn.ca6.uscourts.gov/opinions.pdf/2…
"The weight of authority concludes that the definition of a machinegun is ambiguous as applied to a bump stock. Hardin argues that the statutory definition of a machinegun unambiguously excludes bump stocks, whereas the ATF argues that the best reading of the statute compels the… twitter.com/i/web/status/1…
"The viability of competing interpretations is exemplified not only by the myriad and conflicting judicial opinions on this issue, but also by the ATF’s own flip-flop in its position. And because the statute is 'subject to more than one reasonable interpretation,' it is… twitter.com/i/web/status/1…
Read 18 tweets
Apr 3
2nd Amendment victory out of the District Court of Minnesota finding the requirement that a person must be at least 21 to receive a permit to publicly carry a handgun in Minnesota violates the rights of individuals 18–20 to keep and bear arms protected by the 2nd and 14th… twitter.com/i/web/status/1…
"The Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022), compels the conclusion that Minnesota’s permitting age restriction is unconstitutional, and Plaintiffs are entitled to judgment as a matter of law."
The first step—textual analysis—requires the Court to consider the Plaintiffs’ “proposed course of conduct” and ask whether the Second Amendment’s plain text “covers” that conduct.13 142 S. Ct. at 2134, 2126. It is already settled that the plain text of the Second Amendment… twitter.com/i/web/status/1…
Read 20 tweets

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