The Brady Check Loophole Isn't

July 13th, 2015

screenshot_loophole

Let's see if we can get this straight.  A loophole is defined as, "an error in the way a law, rule, or contract is written that makes it possible for some people to legally avoid obeying it."  If somebody writes a law with a specific exemption, that exemption doesn't qualify as a loophole.

The Brady Act regulates background checks on retail sales of firearms. Sarah Brady helped author and promote the law. She knows full well what's in it.*

The Charleston shooter purchased a firearm at retail.  He lied on the form by failing to disclose he was an …

The Confederate Flag Thing

June 26th, 2015

Clinton-Gore

Charleston can a rough town.  They've got a dark history when it comes to race relations.

It's sad that it took the murder of nine people at the hands of a neo-Nazi to get the world to notice that.  It's even sadder that people think taking a stupid flag down will change anything.

Yes, I get it.  The Confederate flag isn't strictly about slavery.  But like it or not, that flag is unavoidably tied to perceptions of dehumanization, oppression, and segregation.

Consider the svastika.  Hitler didn't invent it.  He appropriated it for his uses, and it will forever be tainted by …

Victory in Puerto Rico

June 20th, 2015

puerto_rico

This one came in under the radar. An organization called Ladies of the 2nd Amendment in Puerto Rico brought a class-action suit challenging the Commonwealth's permitting system.  They won.

In the Court of Salinas, Judge Lugo Anibal Irizarry ruled that Articles 2.01, 2.02, 2.04, 2.05 and 2.06 of the Arms Act failed constitutional scrutiny.  Most notably, he criticized the voucher system, stating "no fundamental right is taxable."  While I doubt we can expect this decision to be quoted in continental cases, it's nice to see an acknowledgement of that.

Residents may now carry firearms without needing to pursue a permit …

H.R. 2058

May 14th, 2015

sig_mini

The FDA is soon expected to extend its authority to all tobacco products. They consider electronic cigarettes and vaping products to fall into that category, so we could be looking at serious trouble for manufacturers.

Currently, products introduced prior to February of 2007 are grandfathered in under the doctrine of substantial equivalence.  Anything introduced later would have to go through an expensive and difficult approval process.  The problem is, the vast majority of vaping products were introduced after that date.

Rep. Tom Cole has introduced a bill that would move the "substantial equivalence" date for FDA …

Shaheen Allen Pardoned

April 2nd, 2015

christie_awb

Shaheen Allen made the mistake of driving from Pennsylvania to New Jersey with a firearm in her car.  She was arrested, charged, and convicted of a felony under New Jersey's Graves Act.  Initially, she was to face a mandatory 42 months in prison.  Public outcry led prosecutors to allow her entry into a diversionary program in lieu of prison time, but she remained a convicted criminal.

Governor Christie has now pardoned her.  His statement is here.  Happy ending, right?

Tell that to Steffon Losey-Davis, who has yet to receive the governor's beneficence, or to any …

B. Todd Jones Resigns

March 20th, 2015

atf

B. Todd Jones has announced his resignation as director of the ATF, with only 11 days' notice.  I don't know if it has anything to do with the backlash from his plan to reclassify M855 ammunition as "armor piercing," but the coincidence is hard to miss.  When he spoke to the Senate Appropriations committee last week, he had the look of a man who'd found himself dumped in the deep end of the pool.

To be honest, you couldn't pay me to do his job.  Anyone taking the position inherits a plethora of troubles from an agency dogged by scandal.

More Desperation

March 18th, 2015

lyingcat

States United to Prevent Gun Violence is running a couple of surreal campaigns to push gun control.  The first is this little chestnut:

Never mind that it's illegal to run a gun shop in New York without all sorts of licensing, or that it's illegal for customers to even handle one without a purchase permit.  Since they're gun control advocates, they can probably get away with the David Gregory defense.

They've also scored rapper Snoop Dogg, who is quite the paragon of civic virtue, to promote a separate campaign.

For an organization swimming in the Joyce Foundation's cash, they're certainly stooping quite low.

ATF Holding Off on the M855 Ban. For Now.

March 10th, 2015

3254382679_8235a915bf_z

From their website:

Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, [yeah, sure…] the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework. After the close of the comment period, ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for

The Obama Socialist Executive Ban on 5.56 Ammunition

March 8th, 2015

ammo

That title is a decent approximation of how inaccurately the current situation has been described to me.  It's 95% untrue.  The proposal at hand is not the result of legislation.  There is no executive order on the matter.  It is not a blanket ban on 5.56.  It only affects one specific loading.

Here's the short explanation.  The 1985 Law Enforcement Officers Protection Act (LEOPA) delegated authority to the Bureau of Alcohol, Tobacco, and Firearms (ATF) to decide whether certain ammunition could be banned from civilian ownership if it is deemed "armor piercing."  The criteria are quite specific:

A projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or 

A full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.

Military M855/SS109 ammunition has long been exempted from that definition by name.  Last month, the ATF decided to change their minds on the matter.  Their report is here [pdf].

The first problem is, they're wrong.  The second problem is, it won't stop them.

SAF Brings Suit against I-594

December 31st, 2014

bloomberg-550x298

The press release is here. The filing itself is here [pdf].

Their argument is that I-594 is unconstitutional because it is too vague, both facially and as applied.

I-594, with its amendments to RCW 9.41 relating to non-commercial transfers of firearms, as well as Defendants’ enforcement of the same, prohibit, substantially interfere with, inhibit access to, and infringe upon the right to possess firearms and thus infringe Plaintiffs’ rights under the Second and Fourteenth Amendment of the U.S. Constitution as well as the rights in Article I, Section 24 of the Washington State Constitution.

Specific examples of infringement include the …

Undeserved Celebrity

December 23rd, 2014

heF2TCD

Apparently, all it takes to become an "activist" in 2014 is to get a Twitter account and make an insipid YouTube video. In a matter of days, this person has gone from being a selfie-obsessed nobody to an internet celebrity based on this video this video.

(The gun is actually a Crosman C-11 pellet gun, but that is a real charter school.)

Angry gun owners unwittingly fed into her narcissism, and even the CSGV has thrown its hat into the ring. Notice the conciliatory and respectful tone:

This was an audition for Michael Bloomberg's money, and thanks to the outrage, …

Vultures

December 12th, 2014

brady

A group of families, organized by the law firm of Koskoff, Koskoff & Bieder, is planning to bring a wrongful death suit against Bushmaster Firearms because one of the company's rifles was used in the Sandy Hook shooting. In theory, such a lawsuit would be forbidden by the Protection in Lawful Commerce in Arms Act. In practice, it's not as clear.

A Bushmaster rifle was also used in the 2002 DC Beltway shootings. The Brady Campaign brought suit against them, and the company eventually settled. Doing so set a terrible precedent, and the lawyers smell blood in the …

« Previous PageNext Page »