Activist Judge Sets Course to ‘Terminate’ Semiautomatic Firearms

How to “easily” modify your rifle into a “weapon of war”… (The Lawyer’s Second Amendment Society/

U.S.A. – -( “A judge says victims of the 2019 synagogue shooting in San Diego County that killed one worshiper and wounded three can sue the manufacturer of the semiautomatic rifle and the gun shop that sold it to a teenager,” the San Francisco Chronicle reported Thursday. “[V]ictims and families in the Poway synagogue shooting have adequately alleged that Smith & Wesson, the nation’s largest gun manufacturer, knew its AR15-style rifle could be easily modified into a machine-gun-like or an assault weapon in violation of California law, San Diego County Superior Court Judge Kenneth Medel said Wednesday.”

Naturally, the gun-grabbers are crowing:

“The ruling is a victory for ‘all Americans who believe that the gun industry is not above the law,’ said Jon Lowy, chief counsel for the Brady Campaign to Prevent Gun Violence, which sued on behalf of the victims.

Note the argument isn’t that the gun “had been” modified, but that “could be.” As none suffered any harm from modifications that never happened, how any can show standing to make that reach, and how it can even be allowed to be introduced is a puzzlement. But it becomes clear reading the Minute Order that what’s happening here isn’t being done to pursue Constitutional justice but to shred it.

It’s also clear that neither plaintiffs, their lawyers, or Judge Medel have demonstrated the qualifications and capabilities to be able to legally pronounce the ease with which such modifications could be made if that were even an issue here — which it’s not.

But if the undisguised goal of reclassifying semiautos as machineguns is sustained, it’s game over for “law-abiding” gun owners to stay that way and be true to “shall not be infringed” principles. They’ll have a decision to make that can no longer be put off, and that will test the seriousness of those who boldly (and mostly anonymously) declare “Molon Labe!” and “I will not comply,” particularly when some inevitably get caught and need our help to mount a legal defense.

No empirical evidence or data has proven that Smith & Wesson is out there brainwashing adolescents with social media and video game-style advertisement, aside from unfounded speculation built on gun-grabber talking points and personal biases. Nothing shows Smith & Wesson executives plotting to put their rifle “in the hands of persons in a demographic particularly likely to cause extreme harm — and indeed harm is the epitome (sic) of ‘cruel and unjust hardship in conscious disregard of the rights and safety of others.”

Likewise, allegations that Smith & Wesson ignored “promises of safety measures” made by it and other rope-selling industry capitalists at a Bill Clinton/industry mutual suck-fest in 1997. Judge Medel’s order, along with what Andrew Cuomo is pulling in New York to eviscerate the Protection of Lawful Commerce in Arms Act, perfectly illustrates how you can “compromise” and throw the circling jackals a scrap of flesh and they’ll only circle in closer, demanding more until there’s nothing left but you — which was what they were after in the first place.

At most, the FFL involved in the gun transfer is up to its neck over alleged infractions of California’s stupid (and in a rational world, unconstitutional) edicts aimed at disarming young adults of militia age from owning rifles. That’s a pity, a shame, and an outrage, and it illustrates a prime reason why I have long advocated that those subject to complex regulatory compliance requirements obtain expert help to keep just such oversights from happening.

In the case of Smith & Wesson, though, it’s clear this is a case of lawfare at its most subversive and filthiest, and even if the company is eventually “vindicated,” it will still have to go through great nuisance expense (which ultimately is passed on to customers, or else works to financially cripple if price increases in a competitive market are unfeasible).  And even if the gunmaker wins this time, with what’s going on in New York, expect the violence monopoly lobby to continue to act out The Terminator’s tag line:

“I’ll be back.”

In this case, the analogy is wholly appropriate if one looks at this Medel character and asks who set him up in a position to terminate the right of the people to keep and bear arms. It’s not clear at first, because he presides over a superior court bench to which he has not been “elected-elected” (to paraphrase from Whoopi Goldberg), so it’s not like “We the People” have any say in his authority over us.

How’s that again?

“Medel won re-election for judge of the Superior Court of San Diego County in California outright in the primary on June 5, 2018, after the primary and general election were canceled,” Ballotpedia documents.

Doesn’t that contradict what I just asserted? Not really, because he’ll be on the bench until 2025, and “Medel ran for re-election to the superior court in 2012. As an unopposed incumbent, his name did not appear on the ballot. After the primary election, Medel was automatically re-elected.”  Then, in 2018, “The primary election was canceled. Kenneth J. Medel (Nonpartisan) won the election without appearing on the ballot.”

The position is ostensibly nonpartisan, but Medel’s a Democrat and, based on results, committed to advancing the Democrat agenda from the bench. And how did he get on it in the first place?

“He was appointed to the bench by former Governor Arnold Schwarzenegger…”

Thanks, Arnold! Just like your breakout movie character, count on you to screw up the future from the past.

And thanks again, major gun groups! How big were those “good size chunks” of money again?

How many more years and how many more times must it be proven that “compromise” is the path to eventual extermination?

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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This judge needs to be tried for insurrection. After all the REAL government is the US Constitution. He is supposed to be a sworn agent for it. He wants to turn it over thus making him a traitor and enemy of the people. These turds are going to end up making themselves long range challenges for some patriot somewhere.


Why “some patriot somewhere”? Why not you? After all, you’re not only a Lion, you’re a Courageous Lion!

Is it like Rodney Dangerfield and the hat in Caddyshack? “Looks good on you though.”

Tiger Talking Chatroom Commandos never seem to lead from the front. Who’s stopping you but you?


Not tried for \insurrection, but tried for dereliction and perjury of his oath of office. It is well past time for legislation to be introduced and past putting teeth into the oath of office every public official must take. The laws already exist; it is merely a case of making them apply as they should.


@JohnLloydScharf Your last point is appropriate and a currently available sanction: “Frivolous lawsuits should result in … (strike criminal) … civil action; starting with loss of a license to practice law.” … Of course, the legal community being a “club” it is rare that one lawyer will pursue another (unless there are party politic or personalities involved). In the subject case, I am of the opinion, the judge is the one to be sanctioned and removed. Though not for breach of oath, perjury, insurrection or any other (emotional) charges other commenters have brought. Rather for “overreach”, an abuse of authority;… Read more »

Roland T. Gunner

Nah, its time we broke the government’s monopoly on the use of force.


The judge is not following the law unless he can show how the gun manufacturer violated the law or somehow had some liability other than just legally manufacturing a firearm and selling it to a legal gun seller. The law protecting firearms manufacturers was put in place to protect them from frivolous lawsuits like this one. The anti-gun crowd does not expect to win the case. They want to drag the firearms manufacturers through the courts over and over and cause them to settle out of court (which is commonly the cheaper route) or to go through a long expensive… Read more »

Roland T. Gunner

I am not an attorney, but I have more training and exposure to our legal system than the average bear. I honestly have never truly understood our civil justice system. Sure, If X defendant is convicted of Y crime against Z complainant; then I can understand a civil suit for damages beyond the convicted defendant’s debt to “society” (the State), to compensate the wronged party Z. However, without a criminal conviction, I have never understood how X should owe Z anything. If X is participating in lawful activity, nominally Constitutionally protected activity in pursuit of happiness, complainant Z can pound… Read more »


Different jobs & standards. Criminal juries generally go by reasonable doubt & unanimous verdict of 12. They find “not guilty” and it’s called acquittal, different from “innocent”. They don’t rule out the possibility of guilt. Civil generally goes by preponderance & simplemajority. Makes sense to me.

Roland T. Gunner

I fully understand the differing burdens of proof. But that is irrelevent. If I have not committed any crime, who are a judge and civil jury to punish me? If I dont break the law, I expect not to be punished for my action.

Mystic Wolf

The ballot has failed us the jury box has failed us and the soap box has failed us there is only one box that is left to us and that is getting stolen from us. The time to act has long since passed, we are now going to be slaves to an unyielding government and the communist that is in place thanks to a foreign government


When it comes to cowering down to a tyrannical government, speak for yourself.


Most people haven’t been through the training that teaches backbone and instills the ability to not only conduct but thrive in warfare. They only see insurmountable odds and quickly acquiesce. Only a rare few off the street can be plugged into battle and comprehend how to push forward. However, of all the people I’ve served with, it’s the ones most eager to prove their metal in combat that are the ones to avoid. The foolish usually fall first, and they’ll take you with them if not careful.

Last edited 1 year ago by Tackleberry

Tyranny was architected by “government.”

It was imposed by redcoats.

Without the redcoats, Parliament’s laws would have just been a bunch of meaningless, bad ideas.


Not saying “this is you” of course, but often those who make this sort of case never really sacrificed, donated, volunteered, organized, to use jury box, soap box, and especially ballot box, effectively. Many made excuses for not even voting, let alone sacrificing in a meaningful way to save the USA peacefully. Now they gear up excuses for not stepping up violently, which they formerly said was the only way.

Conservatives are long on talk, short on action. How many here have Amazon Prime or Netflix accounts for example?

Last edited 1 year ago by Russn8r

Yep. Chatroom Commandos can’t handle the truth.


medel’s ruling demonstrates that he should not be on any bench, much less a judicial bench. he clearly does not look at the issues with an unbiased opinion and rule according to the law. he is pushing an agenda.
analogies to this suit would be like suing auto manufacturers for drunk driving death, suing drug manufacturers for overdoses. absurd!
the left wants to punish the law-abiding for the actions of criminals.


there is one type of bench that would be well suited and appropriate for this lout: the concrete bench in a prison cell.Felony oerjufy for swearing his oath of office and refusing to keep it.
But WHO will bell the cat?


since when do judges make the laws, and redo the constitution .


Since no one has been impeached and prosecuted for perjury of their oath of office.


Since the communists who think they are in charge allow and even encourage those communist unconstitutional judges to do so.


Always enjoy your well written and direct to the point articles . They never give up and never shall we ! I myself now say the same things I used to hear my uncles and grandfather’s say ! “ I can’t believe what is happening in this country “ back in the 1950s . I just shake my head as individual rights are stripped away from us one by one by the dictators that are either elected or appointed to political office in this country . It is coming & just a matter of when ! Logic and common sense… Read more »


2 Timothy 4:3


@BigJim Good selection. I was challenged by what version most readers would understand and choose NIRV for those who would not take the time to understand your comment.

3 The time will come when people won’t put up with true teaching. Instead, they will try to satisfy their own desires. They will gather a large number of teachers around them. The teachers will say what the people want to hear. (NIRV)


It’s very much the frog in the pot analogy. Adding one degree after another on an ever-advancing beat. They sign some outrageous legislation or regulation then wait for the outrage to die down and the people forget. It quickly becomes the new norm, only for the cycle to renew.

Necessity is “the plea for every infringement of human freedom,” he said.  “It is the argument of tyrants; it is the creed of slaves.” William Pitt the Younger November 1783


This has happened before. A politically-ambitious judge in a far left area ignores the law and proclaims that victims of crime can sue the maker of the instrument the criminal used, even though he would never let you sue Chevrolet because they market Corvettes to guys who want to drive too fast. These decisions are immediately overturned on appeal. The law is crystal clear that you can’t sue gun manufacturers for how people choose to use them. The other lie the left tells is that “gun makers are immune to lawsuits” because of the law I referred to. The truth… Read more »


You are exactly right


I’m thinking about suing a swimming pool company because my pet frog drowned in mine.


Their inept ability to control criminals shines bright indeed. Law abiding citizens look like easy targets to pursuit in their attempts to cover up their inept worthlessness. Vote them all out…

Henry Bowman

Assuming that elections weren’t rigged, which they are.


Not totally. And to the extent they are, it’s because R voters haven’t been paying attention, and R politicians have blown it off or even collaborated (e.g. Brian Kemp, SecSt Ratburger). Need to keep up intense pressure in the swing states for election integrity.

APG member

The United States needs to dissolve. California can outlaw guns, open their borders, give everyone universal income, free sex change; it should work out great for them.

Mystic Wolf

Remember that new york and new jersey are even worse thanks to the communists they have running those states, then again look at shecago a city with the heaviest gun laws and how many are killed every weekend in that heck hole?


“Note the argument isn’t that the gun “had been” modified, but that “could be.”
By that rationale, a judge/politician should be hung because they could be tyrannical. After further review and consideration, I’ll buy that line of thought……. Bring on the ropes, Boys and Girls.

uncle dudley

The statement and reasoning by this judge shows me he doesn’t belong on the bench, something may or may not become something else with some modifications.
That statement could apply to numerous things that are available for purchase and is not being a responsible advocate for the law.
I don’t imagine S&W made any claims or had any idea that the firearm would be or could be modified by a legal lawful firearm buyer.
Politics has no place on the bench and it looks like this judge is a bad apple for justice and needs to be overruled and removed.


If sanity remains this will be overturned in the courts. It will not change until the “administration” is changed.

Roland T. Gunner

I would be totally surprised if the FFL holdrr who sold the rifle to the “teenager” violated any laws. And the idea that S&W is somehow responsible boggles the reasoning mind. I will go out on a limb here and say it, Charles Harridon had a point. It’s high time judges feared the consequences of their actions.

Roland T. Gunner



Oath breakers deserve 13 steps, and a rope!
I hear talk about Marxism. Let’s call it what it is, Communism! Socialism is also Communism, and because of the indoctrination going on in public schools, and in so called higher education, it is being readily accepted.
Why is this happening now? I believe that the CRBs feel they have people in place so that this their time.


“[V]ictims and families in the Poway synagogue shooting have adequately alleged that Smith & Wesson, the nation’s largest gun manufacturer, knew its AR15-style rifle could be easily modified into a machine-gun-like or an assault weapon in violation of California law, San Diego County Superior Court Judge Kenneth Medel said Wednesday.”

Another instance of misapplied terminology. If it is capable of select fire (more than one round fired per trigger pull) it is a machine gun. Exactly what is meant by “machine-gun-like”? An AR-15, in a normal configuration, is already an assault weapon by most definitions. Did he mean “Assault rifle”?


Kenny Medel is an idiot. The Armalite Rifle-15 is NOT an assault rifle, machine gun or machine gun-like! It cannot be easily modified into a machine gun. It can, however be modified into an M-16, but it must become a select-fire weapon before it can be called an assault rifle or weapon. That modification takes quite a bit of tooling work to accomplish considering most of us are not machinists. And for the sake of argument, just what the hell is an assault weapon anyway? I sure don’t remember calling my M-16 an assault weapon. In fact, for my 8… Read more »


The term “assault weapon” was created by the anti-gun crowd to confuse people who are not fully aware of which guns are what. It sounds similar enough to assault rifle (which must be able to fire two or more rounds per trigger pull) that some people will think those “evil black rifles” are machine guns.


“ Every weapon is an assault weapon.” So you’ve decided to create a new definition and try to cause more confusion? “What is the rate of fire for an AR15 if you bump fire it from the hip?” A bump-fire stock does not a machine gun make. “Help me understand why we are arguing over whether a citizen should have a select fire rifle for public safety and national security?” We would try to help you understand why… but we aren’t arguing over whether a citizen should have a select fire rifle for public safety and national security. The discussion… Read more »


“Any weapon which can be used to kill others is an assault weapon.”

So you want to create another definition to cause even more confusion?

“Every firearm can be made to be “machine-gun-like.””

Can you show me where the legal definition of “machine-gun-like” is written?… and what law makes it illegal?


How many federal judges have been convicted and removed?
Only Congress has the authority to remove an Article III judge. This is done through a vote of impeachment by the House and a trial and conviction by the Senate. As of September 2017, only 15 federal judges have been impeached, and only eight have been convicted.



this guy ain’t a federaal judge. He’s a two bit SUperior COurt local judge.

Not sure, but it would be great fun to know the appeal (certain to follow) on this goon-squad member “judge” will go up to Judge Benitez’ court out of San Diego. HE’s got his head screwedon straight. He’d better take the advice to NOT take nybweek long hunting lodge trips to Texas, though……. we NEED a few hundred more like him.


lol…. pontificate much?


Ask irrelevant questions, much?


Where is the outrage down at the VFW hall?

With roughly 25% of the door-kicking gun control enforcers being veterans, wouldn’t that be a good place for the grunt to express his outrage?


I’m thinking apathy and believing reality is a conspiracy theory is the purview of those too afraid of serving, or believe giving two to four years service will cause their lives to be irreparably harmed, or they’re too scared they might have to put their lives on the line.
We’re not close to being slaves. Should shtf day comes, those of us who have been there will be ready.


25% of the ones trying to enslave people will be the ones “who served.”

If you are so bitter, why did you decide to get a paycheck from the DOD?


If “those who serve” were going to refuse to OBEY unconstitutional orders they would be doing it now. The shtf gradually, and as it progresses it becomes more dangerous to disobey. Those who who OBEY unconstitutional orders now are more likely to OBEY as it gets more tyrannical. Those who sat & watched civilian dreams burn last year are never going to stand up for us or their country.

Last edited 1 year ago by Russn8r