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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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Ask in replies and answering LIVE at 9ish eastern tonight....

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The Briefer Barnes Brief: Thursday, May 7, 2026
  • Art of the Day
Something majestic of a colorful Oriole in flight, the feeling of freedom in the outstretched wings to soar in the sky, beyond gravity and above the landed earth, ready to roam and reign while seeking a safe and strong landing place for a bit of a rest. 
 
  • Board Post of Note
 
 
  • Economics
Burry of Big Short fame: Yen trade unwinding impacts. https://substack.com/@michaeljburry/note/c-205215463
 
  • Politics
Tucker & Massie.
 
  • Law
 
  • World
Peruvian elections feature left-right battle. https://boz.substack.com/p/peru-presidential-election-polls
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The Briefer Barnes Brief: Wednesday, May 6, 2026

I. INTRODUCTION

  • A.  Art of the Day: Best way to start a day: early morning coffee. Maybe on a back porch. Maybe at a kitchen table. Maybe in a friendly diner. Maybe at a corner caffe. Maybe in a local coffee house. A tradition commenced in the hills of Yemen, it traversed the Islamic world until it reached Europe, where it turn the holy inspirational drink in the Turkish caves to the everyday place of chatter in the newborn cafes of Europe in the 17th century. Be that as it may, for many still, it signals the start of the day in a good way. 
  • B.  Board Post of the Day: https://vivabarneslaw.locals.com/post/7905561/title
II. THE EVIDENCE 

A.  Barnes Library

  1. Economy: Snider on gas prices.
  2. Culture: World Cup interest dims. https://www.forbes.com/sites/suzannerowankelleher/2026/05/05/hotels-world-cup-non-event-so-far/
  3. Politics: Massie mini-documentary.
  4. Law: Abortion pill at SCOTUS. https://www.scotusblog.com/2026/05/abortion-pill-dispute-returns-to-supreme-court/
  5. Geopolitics: Larry Johnson on Trump’s mixed signals. https://sonar21.com/ball-of-confusion-trumps-mixed-signals-on-iran/
*Bonus: Animated Fed history told by some friends of mine years ago that they gave away for free. 
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The Barnes Brief: Friday, May 1, 2026

 

 

I. INTRODUCTION 

A. Art of the Week

  • A symphony of cigar smoke, whiskey in the air, leather comfort awaiting, all inviting into a conversation w/ either oneself or fellow travelers, where the lyrics of the malt dance with the warmth of the tobacco, in a tradition as old as both. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “All human beings are members of one frame, Since all, at first, from the same essence came. When time afflicts a limb with pain, The other limbs at rest cannot remain. If thou feel not for other’s misery, A human being is no name for thee.”  Persian poet Sa’adi: 

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. Baris: worst poll ever for Trump. https://www.bigdatapoll.com/blog/national-mood-worsens-for-republicans-in-april-2026-national-poll/
  2. Gatekeeping errors of the past. https://www.katytalento.com/p/confessions-of-a-white-house-public
  3. Welders rise. https://unherd.com/2026/05/goodbye-information-age/?edition=us
  4. AI doubts. https://prospect.org/2026/05/01/subsidize-build-export-repeat-ai-stack-national-security/
  5. Dems left platform for 2026. https://prospect.org/2026/04/29/congressional-democrats-progressive-caucus-unveils-affordability-contract-with-america/

 *Bonus: Beds for those without. https://www.goodnewsnetwork.org/6500-volunteers-build-10k-beds-in-24-hours-in-north-carolina/

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

  1. Memeatic magic. https://vivabarneslaw.locals.com/post/7897040/title
  2. Truth. https://vivabarneslaw.locals.com/post/7897203/title
  3. Losing touch. https://vivabarneslaw.locals.com/post/7897081/not-a-fan-of-erika-kirk-but-i-find-myself-appalled-by-erikas-recent-treatment-at-don-jrs-fiancees
  4. Local warnings. https://vivabarneslaw.locals.com/post/7895761/our-gas-today-in-northeast-ohio-is-4-99-up-from-about-3-60-last-week-how-long-and-how-high-can
  5. Comedic wisdom. https://vivabarneslaw.locals.com/post/7893712/title

*Bonus: Beauty in black & white. https://vivabarneslaw.locals.com/post/7895352/edinburgh-scotland

C. Homework: Cases of the Week for Sunday

  1. Comey indicted. https://www.justice.gov/opa/media/1438481/dl
  2. Covid indictment. https://storage.courtlistener.com/recap/gov.uscourts.mdd.603873/gov.uscourts.mdd.603873.1.0_1.pdf
  3. SCOTUS: 1st Amendment & discovery. https://vivabarneslaw.locals.com/post/7892809/scotus-expands-right-to-sue-over-illicit-state-discovery
  4. SCOTUS: Racial redistricting. https://vivabarneslaw.locals.com/post/7892804/scotus-limits-racial-redistricting
  5. Candace sued. https://storage.courtlistener.com/recap/gov.uscourts.tnmd.108994/gov.uscourts.tnmd.108994.1.0.pdf
  6. FISA. https://x.com/MarioNawfal/status/2050047557158707601?s=20
  7. Iran War to court: Force Majeuere. https://www.bloomberg.com/news/articles/2026-04-29/oil-traders-lawyer-up-as-hormuz-triggers-billions-in-disputes
  8. Farm Bill. https://x.com/TheTNHoller/status/2049860117437219016?s=20
  9. OpenAI Trial. https://courthousenews.com/musk-testimony-continues-in-openai-fight/
  10. Narcos style indictment. https://www.courthousenews.com/wp-content/uploads/2026/04/sinaloa-governor-indictment-sdny.pdf
  11. Bail for illegals. https://www.courthousenews.com/wp-content/uploads/2026/04/second-circuit-says-noncitizens-can-get-bail.pdf
  12. Montana DA takeover. https://content.govdelivery.com/attachments/MTAG/2026/04/30/file_attachments/3635043/AG%20Letter%20Invoking%20Supervisory%20Control%204.30.26.pdf

*Bonus: Google settlement. https://www.courthousenews.com/wp-content/uploads/2023/12/google-settlement.pdf

** Bonus: Crazy JP Morgan suit. https://www.livemint.com/news/us-news/i-own-you-jpmorgan-executive-accused-of-drugging-abusing-male-junior-banker-in-lawsuit-key-allegations-11777545493334.html

***Bonus: Infowars. https://courthousenews.com/texas-appeals-court-pauses-the-onions-purchase-of-infowars/

 

D. Deep Dive: Iran Exit Ramps

  1. Big gap in negotiations. https://global21.substack.com/p/there-is-no-effective-room-for-diplomacy
  2. Regime consolidation. https://www.foreignaffairs.com/iran/how-war-saved-iranian-regime
  3. Iran Oil status. https://theprint.in/world/no-the-iranian-oil-industry-isnt-about-to-explode/2917718/
  4. Blockade limits. https://sonar21.com/the-bogus-blockade-claim-of-the-us-department-of-war/
  5. Kinetic limits. https://richardhaass.substack.com/p/the-us-iran-and-the-art-of-the-deal

*Bonus: Iran’s Lego pr. https://substack.com/@tritaparsi/note/c-251532814

III. CLOSING ARGUMENT: Constitution, Fifth Amendment & Discovery

  • In general, civil contempt “is intended to coerce the disobedient party into compliance with the court’s order through incarceration and/or monetary punishment.” Commonwealth v. Bowden, 838 A.2d 740, 761 (Pa. 2003). The court may not impose a coercive civil contempt sanction where compliance with the court’s order is impossible. In re Martorano, 346 A.2d 22, 29 (Pa. 1975). In determining what sanction to impose, “a court must exercise the least possible power suitable to achieve the end proposed.” Commonwealth v. Cromwell Twp., 32 A.3d 639, 653 (Pa. 2011) (citing Spallone v. United States, 493 U.S. 265, 276 (U.S. 1990)).
  • Contempt is not available for a witness asserting the protection of the Fifth Amendmenty right not to be a witness against onself. Note what the Amendment does not say:  a right not to incriminate onself. Instead, it's a right not to be a witness in any manner in a proceeding where the witness' evidence can be used adverse to them. A witness “cannot be compelled to give evidence against himself.” “The Amendment not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings.” Lefkowitz v. Turley, 414 U.S. 70, 77 (U.S. 1973). 
  • The Third Circuit held that: “A trial court must carefully balance the interests of the party claiming protection against self-incrimination and the adversary's entitlement to equitable treatment. Because the [Fifth Amendment] privilege is constitutionally based, the detriment to the party asserting it should be no more than is necessary to prevent unfair and unnecessary prejudice to the other side.” S.E.C. v. Graystone Nash, Inc., 25 F.3d 187, 192 (3d Cir. 1994). This includes orders to compel password disclosures. Commonwealth v. Davis, J-42-2019 (Pa. 2019). A court cannot order contempt for a Fifth Amendment assertion. Commonwealth v. Leclair, 2014-CJC-11469 (Mass. 2006). 
  • A Pennsylvania Court of Common Pleas expressly cited Graystone Nash and used it as the basis for decision-making in Haas v. Bowman, 62 Pa. D. & C.4th 1, 10 (Pa. Com. Pl. 2003). In Haas, the Court of Common Pleas cited numerous cases to hold that “Under this standard, noncompliance with pleading requirements cannot be a basis for entering a judgment against a party properly invoking the Fifth Amendment privilege.” Haas v. Bowman, 62 Pa. D. & C.4th 1, 11 (Pa. Com. Pl. 2003). “Absent independent, probative evidence produced by the party bearing the burden of proof, the implications of one's assertion of the Fifth Amendment privilege are speculative at best, and insufficient to support an adverse factual determination.” Harmon v. Mifflin Cnty. Sch. Dist., 552 Pa. 92, 100, 713 A.2d 620, 624 (Pa. 1998). 
  • Where usinesses are alter egos of the individual defendants, the businesses too should be protected by the Fifth Amendment. United States v. Doe, 465 U.S. 605, 613 n. 11 (U.S. 1984). Under United States v. Doe, 465 U.S. 605, 613 n. 11 (U.S. 1984), the Supreme Court held that the business records of an individual proprietorship are essentially the same as individual records for the purposes of the Fifth Amendment. Braswell v. United States, 487 U.S. 99, 104 (U.S. 1988). Pennsylvania courts recognize this risk and that a court cannot, through contempt, compel an individual to be a witness against themselves. Sweet v. The City of Williamsport, No. 20-CV-00512 (C.P. Lycoming County June 27, 2022 Linhard, J.)  
  • As such, the coercive power of the state cannot compel, under threat of contempt, a witness to be a witness against themselves without violating the Fifth Amendment to the Constitution, a right rooted in opposing Inquisitorial methods to extract information from state targets. 
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