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April 10, 2023

Per a request by @MightyPaix here is the commentary I posted during the Sunday lifestream, providing some background on the AK-47 and AR-15. This post is rearranged slightly for easier reading, and I added some more relevant info.

1) What is an AK-47?
The original AK-47 was developed by Mikhail Kalashnikov (who was a tank commander during the war) and was called the Avtomat Kalashnikova 1947 (so automatic Kalashnikov 1947). At that time new weapons were often designated by the year of approval and this is the reason for the "47." The design was updated soon after, and most rifles built in the Soviet Union were actually the updated AKM. Funny enough, they didn't build very many of the actual AK-47.

The design was influenced by the German StG 44 and both rifles appear similar enough that StG 44s are often mistaken for AK-47s in historical photos. Tip: if the photo is of Russians during WWII, they're carrying captured German rifles. Also, Brad Pitt carries one in the movie Fury.

2) Design and patents
Just like with the famous AR-15, the patents on the operating mechanism expired forever ago therefore lots of companies make their own versions of both these rifles, including in the US. They are often referred to as "AK" (instead of "AK-47" ) because these modern rifles use the same essential mechanism but aren't historical reproductions of the actual rifle. In the industry this is called a "pattern" so they are "AK pattern rifles."

AK pattern rifles are popular with some gun owners due to the increased reliability of the gas-piston system over the direct-impingement system used in the AR pattern.

3) Ammunition
The rifle was designed to fire 7.62x39mm ammunition (basically a low powered .30 caliber) and that's still the most common in civilian use. The Russian military swtiched to a new cartridge (5.45x39mm) and a new version of the rifle, designated the AK-74. Current AK rifles are available for the 7.62x39mm cartridge, the US standard 5.56x45mm NATO (like the AR-15), as well as other cartridges.

The 7.62x39mm round is very tapered, so ejection is much more reliable than the AR. The extreme curve of the magazine is created by the large taper of the cartridges. Ammunition is cheap and you can even buy steel-cased ammo from Russia (or, you could before the sanctions).

The 7.62x39mm is also more powerful than the 5.56x45mm NATO round of the AR. For reference, here are some general approximations:
.30-06 (US M1 Garand rifle, WWII) - 3,900 joules of kinetic energy
7.62x51mm NATO (US M14 rifle) - 3,400 joules
7.62x39mm (AK-47, AKM) - 2,200 joules
5.56x45mm NATO (US M16, AR-15) - 1,800 joules
These numbers vary widely based on barrel length, cartridge loading, etc. But you get the point - the scary AR is firing a cartridge less than half as powerful as the standard for WWII.

4) Legality
The legality of both types are the same, as they are currently sold in the US market. Just like the AR rifles, civilian versions of the AK are semi-auto only unless you have a special license.

"Assault weapon" bans include all of the AK pattern rifles in their list of guns to ban, and legally they are treated the same as an AR-15. From a practical legal standpoint, the only difference between the two is the standard AK round isn't commonly manufactured in the US so it's easier to cut off the ammo supply to the public by banning ammunition imports.

Keep in mind there are other rifle design patterns so not all rifles that fire these cartridges are AK or AR type rifles. For example, H&K makes a popular line of rifles that use the same magazines as the AR but are not AR rifles - although they have the same mounting rails so they can carry the same accessories. Every scary black rifle isn't an AR.

If you want to learn more, pick up a copy of The Gun by C.J. Chivers, which is about the development of the AK-47 but also discusses the development of the M16 (the military designation for the full-auto version of the AR-15).

(Note for future arguments: firearm ballistics is one of the most contentious subjects on earth, made worse by the fact that it's not really legal to test guns by shooting people. Take everything said by everyone, including me, with a grain of salt).

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Help Amos legal defense with a special fundraiser in a very rare event -- a private cooked picnic meal by Amos & his family from food at his own farm, tour the farm w/ Amos, meet Amos, his family, fellow members, and Barnes, and spent an entire day in celebration of Barnes' 52nd birthday enjoying a moment in time with the Amish on the farm, who live life just as they did at the time of the American revolution.

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The Barnes Brief: Weekend of March 13, 2026

I. INTRODUCTION

**Alert: Amos Miller Special Dinner Fundraiser: https://vivabarneslaw.locals.com/post/7756876/1776-law-center-fundraiser-birthday-bash-at-amos-millers

A. Art of the Week

  • From a board member, this photo captures a place I want to someday retreat to — out in the woods, with a wood fireplace inside & out, in a cozy cabin that embraces its surroundings while escaping the busy, busy world of concrete interiors and crowd-field valleys between mountainous walls of sky-rising office towers and condos. A place to be still with nature and within it while outside its colder embrace. 

B. Recommendation of the Week

C. Wisdom of the Week

  • "My apprehension is traceable, too, to a belief that our republic has begun to retrace, step by step, the march of folly that led to the fall of the British and every other great empire.” Pat Buchanan, 1999.  

D. Appearances

II. THE EVIDENCE

*NOTE: A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles

  1. Myth of EU Military. https://eventsinukraine.substack.com/p/eu-weapons-complex-rises
  2. Populists oppose the war. https://x.com/PatrickBashamDI/status/2032186099804651697?s=20
  3. Trouble in private credit markets. https://www.aol.com/veteran-fund-manager-george-noble-093001166.html
  4. Cuba next? https://www.usatoday.com/story/news/world/2026/03/13/cuba-confirms-talks-trump-economic-deal/89132765007/
  5. SAVE Act struggles. https://spectator.com/article/trump-defeat-senate-republicans-save-act/?edition=us&rcp=true

 *Bonus: Rescuing sloths.

B. Best of the Board: Five Fantastic Posts of the Week

  1. Tennessee toward top of move-in list. https://vivabarneslaw.locals.com/post/7764685/title
  2. Truth. https://vivabarneslaw.locals.com/post/7764970/they-had-a-golden-opportunity-squandered-to-do-the-bidding-of-another-country
  3. Humor. https://vivabarneslaw.locals.com/post/7764477/been-there
  4. Epstein as global framing. https://vivabarneslaw.locals.com/post/7765282/title
  5. Mematic truth. https://vivabarneslaw.locals.com/post/7764927/title

*Bonus: Spooky day. https://vivabarneslaw.locals.com/post/7765058/title

C. Homework: Cases of the Week for Sunday

  1. Antitrust settlement controversy. https://prospect.org/2026/03/09/live-nation-settlement-spurs-chaos-in-court/
  2. Social media to jury. https://courthousenews.com/landmark-social-media-addiction-trial-heads-to-jury/
  3. Israel lets war criminals walk. https://x.com/TRHLofficial/status/2032256539830972614?s=20
  4. Israel at ICJ. https://www.courthousenews.com/wp-content/uploads/2026/03/united-states-declaration-of-intervention-genocide-in-the-gaza-strip-icj.pdf.pdf
  5. Torture verdict. https://www.ca4.uscourts.gov/opinions/251043.P.pdf
  6. Judges protect DEI. https://www.courthousenews.com/wp-content/uploads/2026/03/institute-for-applied-ecology-v-burgum-opinion-dei-grants.pdf
  7. Online risks to kids. https://www.courthousenews.com/wp-content/uploads/2026/03/netchoice-vs-bonta-opinion.pdf
  8. Richins murder trial. https://www.fox13now.com/news/crime/kouri-richins-defense-team-surprisingly-rests-case-without-calling-single-witness
  9. Qui Tam win over Pharma fraud. https://www.ca4.uscourts.gov/opinions/241793.P.pdf
  10. Necessary parties. https://www.ca4.uscourts.gov/opinions/232316.P.pdf
  11. Trans care mandates. https://fingfx.thomsonreuters.com/gfx/legaldocs/movaokabwva/USA_HEALTH_TRANSGENDER_WESTVIRGINIA.pdf
  12. 1st Amendment in schools. https://www.courthousenews.com/wp-content/uploads/2026/03/BB-Capistrano-Unified-ninth-circuit-opinion.pdf

*Bonus: Italy court affirms citizenship limits. https://www.cortecostituzionale.it/uploads/release/69b2adc90cb9b.pdf?fbclid=IwY2xjawQgK8hleHRuA2FlbQIxMABicmlkETF0UG41c3M1aWhsTHZ4U1lyc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHhvXqFDR4BGvMTH3XKnxYxpQ-KxzoZCTGOtJDHeTDemH3z9pPKTgaJtL2dME_aem_rFeIHB6Nrrwte1UJXunMPA

**Bonus: Limits of Anti-SLAPP. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20W2022-01636-SC-R11-CV.pdf

***Bonus: EV Mandate. https://www.courthousenews.com/wp-content/uploads/2026/03/trump-california-ev-mandate-complaint.pdf

D. Deep Dive: Iran War Risks

  1. $50B more for Iran War. https://debtdispatch.substack.com/p/5-reasons-the-us-should-not-spend
  2. Battle of weapons attrition. https://mrandrewfox.substack.com/p/the-iran-war-is-now-an-ammunition
  3. Epic Folly? https://richardhaass.substack.com/p/epic-folly-march-12-2026
  4. China? https://greenwald.substack.com/p/iran-war-supporters-invent-a-new
  5. Nukes? https://sonar21.com/should-iran-build-a-nuke-game-theory-says-yes/

*Bonus: Chess strategy needed. https://fallows.substack.com/p/the-arrogance-of-ignorance

III. CLOSING ARGUMENT: Article I, Defining War Crimes 

  • Two sources in the Constitution provide the power to Congress to define war crimes. 
  • First, Section 8 of Article I provides three separate sources of legislative authority, as Congress is a body of only defined, express powers, not inferred, implicit or broad powers. Article 1, Section 8 provides that Congress “shall have Power” to “define and punish Piracies and Felonies on the high Seas, and Offences against the Law of Nations”; “to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”; “to make Rules for the government and Regulation of the land and Naval forces.”
  • Second, the Congress enjoys the power to enforce Treaties. Article VI provides “all Treaties made, and which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.” 
  • The phrase “the Law of Nations” derives from a popular scholastic legal work in many a library of the Founding generation entitled: The Law of Nations, or Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns” by Emmerich de Vattel, published in 1758. Today, we know it by another name: international customs and law. 
  • First, Vattel’s Law of Nations recognized war as illegal, and any actions taken in its kinetic course and conduct, as a crime against the law of nations whenever it is fought for reasons other than self-defense and securing essential rights of sovereignty, and even then, only after meaningful sincere diplomatic and peaceful efforts fail. This was colloquially called Just War, influenced by the Catholic intellectual tradition especially. 
  • Second, Vattel’s Law of Nations required moderation, sparing civilians, treating prisoners with humanity, and especially prohibited denying quarter to those who have not violated the laws of war. 
  • The early Congresses recognized their obligations to declare war by authorizing conflict with France, the Barbary pirates, and American tribes on the frontier. Presidents Washington, Adams and Jefferson all recognized their requirement for Congressional authorization to initiate force against foreign adversaries. 
  • The very first Congress also accepted this Constitutional authorization and included the law of nations violations in its first Judiciary Act of 1789. The very first criminal prosecution ever in federal courts enforced these Law of Nations against Gideon Henfield for violating America’s neutrality in the British-French wars at the time. Chief Justice Jay identified the source of law for the prosecution: the Law of Nations, which Congress gave the courts the power to enforce under the Judiciary Act of 1789. 
  • Treaties signed by the President and affirmed by the requisite vote in the Senate governing conduct in kinetic conflicts include: the Geneva Convention; The Hague Conventions; and the Pact of Paris of 1928. Congress codified several of the precepts and principles from these treaties and conventions into federal statutory criminal law, such as section 2441 of Title 18 of the United States Code, which include the death penalty as a possible sentence. 
  • The key criminal prohibitions for grave violations of these treaties and the Law of Nations, include: torture; curly or inhumanity toward anyone in custody or control; biological experiments; and murder, mutilation, maiming, or serious bodily injury in violations of the law of war, including harm to anyone “taking no active part in the hostilities” which include those “out of combat” for any reason, such as the injuries, detained or “any other cause.” The law excludes Antone harmed from “collateral damage” or “lawful attack.” 
  • Thus, the Law of Nations still guides American law, as it has from the founding the of the nation, and expressly referenced within the explicit powers of Congress to enforce, be it by treaty or particular statute, or simply judicial authority to prosecute or punish. 
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The Barnes Brief: Weekend of March 6, 2026

I. INTRODUCTION

A. Art of the Week

  • Roulette wheel, around, around she goes, and where she ends, nobody knows. A line from a film favorite, The Good Thief. Einstein said it could only be beat in infinity, but as the character says in the film — Einstein didn’t believe in luck. The only game of chance I ever care to play, following the wisdom of my former client and old friend, Wesley Snipes: always bet on black. Let luck be a lady, and not abandon us yet. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “If wars can be started by lies, then peace can be started by truth.” Julian Assange. 

D. Appearances

II. THE EVIDENCE 

A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles of Interest

  1. Trump kills MAGA. https://www.theamericanconservative.com/the-iran-war-has-ended-the-trump-coalition/
  2. Corny Cornyn. https://thefederalist.com/2026/03/05/10-times-john-cornyn-betrayed-trump-and-maga/
  3. Divorce Israel. https://prospect.org/2026/03/05/israel-america-alliance-iran-war-trump-rubio-netanyahu/
  4. Bye-bye One-Eyed McCain. https://unherd.com/newsroom/dan-crenshaw-lost-maga-voters-a-long-time-ago/?edition=us
  5. Delusions in Arabia. https://unherd.com/watch-listen/iran-strikes-expose-israels-permanent-war-doctrine/?edition=us

 *Bonus: Super Honey. https://www.goodnewsnetwork.org/scientists-make-a-super-honey-using-cocoa-bean-waste-for-chocolatey-heart-healthy-jolt/

B. Best of the Board: Five Fantastic Posts of the Week

  1. Wisdom. https://vivabarneslaw.locals.com/post/7745503/here-s-the-simple-calculus-1-if-you-can-t-question-it-it-s-a-psyop-2-if-they-call-you
  2. Art every day. https://vivabarneslaw.locals.com/post/7745081/title
  3. Proverb. https://vivabarneslaw.locals.com/post/7745312/my-conclusion-is-revolution-from-above-only-benefits-those-above
  4. Prayers. https://vivabarneslaw.locals.com/post/7744953/daily-morning-prayer-o-heavenly-father-forgive-us-of-our-sins-and-trespasses-give-president-trump
  5. Said it as well as anyone could. https://vivabarneslaw.locals.com/post/7744989/robertbarnes-epic-fury-nah-more-like-epic-frustration

*Bonus: Chase Hughes truth. https://vivabarneslaw.locals.com/post/7742399/great-quote-by-chase-hughes

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: Asylum review. https://www.supremecourt.gov/opinions/25pdf/24-777_9ol1.pdf
  2. SCOTUS: State immunity. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  3. SCOTUS: Trans disclosures. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  4. Massie’s Iran War Resolution. https://www.congress.gov/bill/119th-congress/house-concurrent-resolution/38/text
  5. Trump tariffs challenged. https://www.courthousenews.com/wp-content/uploads/2026/03/dem-attorneys-general-sue-trump-tariffs-complaint.pdf
  6. Noem out. https://x.com/lukerosiak/status/2029613423592452409?s=20
  7. 9th Circuit affirms Trump on refugees. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/25-1939.pdf
  8. 9th Circuit affirms judicial limits on immigration review. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/24-4137.pdf
  9. Meta’s not so private glasses. https://www.courthousenews.com/wp-content/uploads/2026/03/bartone-vs-meta-complaint.pdf
  10. Tik Tok sale contested. https://www.courthousenews.com/wp-content/uploads/2026/03/public-integrity-project-tiktok-us-assets-sale-lawsuit-dc-circuit.pdf
  11. Win Against DEI. https://www.campusreform.org/article/judge-blocks-california-dei-speech-mandate/29494
  12. Zoning & county authority. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2022-01562-SC-R11-CV.pdf.

*Bonus: Psychic fortune telling turns sour. https://www.insidehighered.com/news/quick-takes/2026/03/04/professor-accused-murder-tiktoker-awarded-10m

**Bonus: Uber loses. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/04/25-228.pdf

***Bonus: Not so honest sleep gummies. https://www.courthousenews.com/wp-content/uploads/2026/03/perkins-procter-ruling-030526.pdf

III. CLOSING ARGUMENT: The SAVE Act Is Constitutional

  • Article I, Section 3 of the Constitution provides for Congress to regulate Congressional elections, providing that the times, places and manner for holding state rules governing such elections to federal legislative office  “may at any time by law” be altered by Congress. 
  • Article IV, Section 2 provides that citizens of each state must be entitled all the privileges and immunities of citizens in the several states, while Article IV, Section 4 requires the federal government to”guarantee to every state” a “republican form of government.” 
  • Amendment XIV recognizes “the right to vote” for “citizens of the United States,” with Section 5 giving Congress the power to enforce.  
  • Amendment XV recognizes the “right of citizens of the United States to vote”, again affording Congress the power to enforce. 
  • Amendment XIX recognize again “the right of citizens of the United States to vote” and provides Congress the power to enforce.  
  • Amendment XXIV again reinforces “the right of citizens of the United States to vote” with Congress afforded power to enforce. 
  • Amendment XXVI again reinforces “the right of the citizens of the United States to vote” with Congress empowered to enforce. 
  • The Safeguard American Voter Eligibility Act, the so-called SAVE Act, enforces these Constitutional protections and legislative powers. 
  • First, the SAVE Act does not purport to govern anything other than federal elections. 
  • Second, the SAVE Act focuses on limiting voting to “the citizens of the United States” with documentary proof required.
  • As such, the SAVE Act simply enforces the Constitutional protections for citizens the right to vote by assuring their vote isn’t diluted by non-citizens. 
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The Barnes Brief: Friday, February 27, 2026

I. INTRODUCTION

 

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