Civil Rights

483 posts
Civil Rights

Irreconcilable Differences

We all know who the NRA is, right? They’ve made a statement on the ludicrous practice of carrying rifles into public businesses as a form of “activism.”

Let’s not mince words, not only is it rare, it’s downright weird and certainly not a practical way to go normally about your business while being prepared to defend yourself. To those who are not acquainted with the dubious practice of using public displays of firearms as a means to draw attention to oneself or one’s cause, it can be downright scary. It makes folks who might normally be perfectly open-minded about firearms feel uncomfortable and question the motives of pro-gun advocates.

You may not know Charles Cotton. He’s an NRA board member and Executive Director for the Texas State Rifle Association. Alice Tripp is one of the TSRA’s lobbyists. These are the folks actually doing the work to get open carry legalized in Texas.

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Civil Rights

Still Not Getting It

“I told my daughter it’s not safe to be here. We gotta go,” says the guy who’s got the muzzle of an AK-47 sweeping his daughter.

First Starbucks, then Jack in the Box, then Chipotle. Now it’s Sonic. The Texas open carry crowd is practically phoning in content for the anti-gunners to ridicule us.

This isn’t activism. It’s a fun prank for some reprobates to occupy a lunch hour. The rest of us deal with the consequences forever. They need to knock it off, and we need to start telling them that.

Civil Rights

Affluenza

By now, you’ve likely heard of the Elliot Rodger incident. He stabbed three people to death in his apartment, then when on a shooting rampage that killed three other people. It’s big news because he’s the son of a Hollywood director, he left a juicy manifesto, and his victims were affluent white people.

Poor children are shot in Chicago on a weekly basis, and we treat them like a grim but acceptable statistic. Yet we obsess over the ravings of a spoiled narcissist who decided to punish the world because he couldn’t get laid.

Yes, Rodger was sick, but so are we all.

Despite having plenty of clues as to his mental instability, the police did nothing. Sandy Hook was supposed to open a dialogue on our shameful treatment of mental illness in this country, but it was drowned out by calls for gun control because the latter makes for easy politics.

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Civil Rights

We Just Can’t Have Nice Things

2 comments

Last year, Starbucks asked customers to stop carrying guns in their locations because people walked in with rifles slung over their shoulders. Last week, Jack in the Box asked customers to stop carrying guns in their locations because people walked in with rifles slung over their shoulders. This week, Chipotle asked customers to stop carrying guns in their locations because people walked in with rifles slung over their shoulders.

Are we seeing a pattern here, folks? Are we really that obtuse? This isn’t civil activism; this is a malicious sort of attention whoring that hurts the very cause these dinks claim to support.

And they have the audacity to pretend they don’t even get it. This isn’t happening because of some culture war. It’s happening because people can’t show simple discretion and manners. They get a picture to show to their friends on social media, and the anti-gun groups get to chalk up a very public victory.

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Civil Rights

C’mon, Dudley…

Ah, election season. Today’s obnoxious mail comes from our friends at the National Association for Gun Rights.

I think they meant Phil Gingrey. The guy doesn’t even have red hair, so it’s not accurate to refer to him as “gingery.”

Or it could be they’re too busy slandering real 2nd Amendment advocates to be bothered with trivialities like spell check.

Probably the latter. I really don’t expect much competency from an organization whose sole purpose seems to be nipping at the heels of the NRA. Frankly, Dudley Brown has his hands full making a fool of himself in Colorado. I’d appreciate him not splashing around in our pool.

That said, the primary race to replace Senator Chambliss is already as wretched as can be. While Gingrey has been an unwavering friend to the 2nd Amendment, I’m not fond of his support for CISPA or for FISA expansions. As far as I’m concerned, those are both huge fails on the civil liberties front.

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Civil Rights

Heller v. DC

Following the Supreme Court’s 2008 decision in DC v. Heller, the District of Columbia was forced to allow handgun ownership. They quickly cobbled together the Firearms Control Emergency Amendment Act of 2008, into which they put as many obstacles as they could. They retained a very intrusive and burdensome registration system that wouldn’t pass constitutional muster in most other places.

Dick Heller and the 2nd Amendment Foundation brought another suit challenging several of the District’s regulations, and thus far, the courts have been uncooperative. Today’s decision in the US District Court [pdf] doesn’t leave us with much hope.

Judge Boasberg approached the proceedings with a hostile and dismissive mind. The Supreme Court found that rational basis was off the table when considering laws abridging the right to keep and bear arms, so he simply calls it intermediate scrutiny.

Given that the Supreme Court urges judicial deference to legislative predictions as well as to legislative judgments regarding conflicting evidence,it is plain that Plaintiffs are mistaken about the burden of proof in this case.

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Civil Rights

Good Thing I Skipped Indianapolis

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Does the NRA know there are gun owners who aren’t chest-beating hard-right conservatives? Seemingly not, because they’ve done a good job of scaring those people away.

Case in point: Sarah Palin’s keynote address at this year’s annual meeting.

Her speech was a collection of cliched slogans delivered in a way to best work the crowd, but little of it had anything to do with the 2nd Amendment. Instead, she used the podium as an opportunity to bash various White House policies, bemoan the lack of prayer in schools, and demean “clownish little ‘Kumbaya’-humming fairy-tale-inhaling liberals.”

Just when the crowd was fawning over her, she delivered the coup de grace, saying “if I was in charge, they would know waterboarding is how we baptize terrorists. [07:15]”

What the ☠☠☠☠? No, really, what the ☠☠☠☠? Who cleared this? I’m sure it sounded witty when she rehearsed it for the Local Tea Party 118 in the dressing room, but it just gives our opponents ammunition to mock us.

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Civil Rights

Cert Denied for Drake

The Supreme Court has refused to hear arguments in Drake v. Jerejian. For the third term in a row, they’ve dodged the issue of bearing arms outside the home while the lower courts continue to defy and eviscerate the Heller and McDonald decisions. Furthermore, we have a fairly clear split since the 9th Circuit’s ruling in Peruta.

As it stands, the right to self-defense is unique among civil rights. In many locations, one must demonstrate “good cause” or “justifiable need” to exercise it. Apply that logic to freedom of the press or peaceable assembly, and we would have universal outrage. The right to keep and bear arms should be no different.

The Court has been given motivation and reason to address the issue. The only reason I can imagine for blatantly avoiding resolution is fear of controversy. If that’s the case, anyone concerned with civil rights, regardless of their feelings on guns, should be very concerned.

Civil Rights

Backlash

Everytown for Gun Safety is less than two weeks old, and it’s already falling apart. Tom Ridge has announced his resignation, and he was supposed to be their star recruit.

I looked forward to a thoughtful and provocative discussion about the toll gun violence takes on Americans. After consultation with Everytown, I have decided that I am uncomfortable with their expected electoral work.

That’s nothing new. He’s not the first politician to be misled by Michael Bloomberg’s recruitment speeches, nor the first to walk away in disgust.

Meanwhile, Everytown associate Shannon Watts has nothing better to do than harass the Lamar billboard company because Todd Kauranen of Slide Fire staged a silly picture with her. Since Slide Fire doesn’t show remorse, she’s going after a company that rented them billboard space in the past.

Also, since the picture didn’t portray her in a positive light, it constitutes violence towards women.

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Civil Rights E-cigarettes

Even a Stopped Clock…

I’m not a fan of Fox News in the least. Charles Krauthammer and Megyn Kelly are great commentators, but the overall flood of right-wing rhetoric gets grating after awhile. That said, Greg Gutfield has personally taken point on the issue of e-cigarette regulation, and he’s well worth hearing.

He’s been very vocal on the matter, and he makes some great points. What’s more, he’s on a nationally-syndicated show in a time slot seen by millions. Please take a moment to voice your support.

Also, somebody get him to upgrade from those awful Blu sticks.

Civil Rights

Breakfast with Bloomberg

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Quick, somebody tell me when that has ever happened?

Lamb should be better at her job than this. She’s the communications director for Michael Bloomberg’s Mayors Against Everytown Big Gulp Guns. She has also worked as press secretary for John Edwards and Arnold Schwarzenegger. I’d think she can handle herself in a debate, but she stumbles and falls back on tired slogans.

If Bloomberg wants to blow $50 million to buy his way into heaven, he’s welcome to try. Despite the bullying rhetoric and hubris, money doesn’t buy the support or respect of normal people who actually, say, work for a living.

Civil Rights E-cigarettes

Proposed FDA Rule Changes for E-Cigarettes

The FDA has been making rumblings about regulating e-cigarettes for some time now. Today, they published their proposal [pdf].  It’s 241 pages, but this is what I’ve gathered on first pass:

Expect a ban the sale of e-liquid to minors via the internet, but not to adults. There’s no call for ban on those candy-flavored liquids that supposedly reel children into the habit. It doesn’t look like they’re going after liquid nicotine, either.

There are calls for labeling standards, but the industry never really opposed that. As far as the hardware goes, it looks like it will be exempt:

For purposes of this part, FDA considers any loose tobacco, including pipe tobacco, and the nicotine in e-cigarette cartridges to be within the definition of “covered tobacco product.” FDA proposes to treat covered tobacco products in a manner consistent with FDA’s treatment of cigarettes and smokeless tobacco throughout part 1140. In current part 1140, FDA imposes restrictions on cigarettes and smokeless tobacco, but not on the components, parts, and accessories of such products.

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Civil Rights

We Need to Choose Better Heroes

So, Cliven Bundy’s been running his mouth. For a guy who refuses to acknowledge the legitimacy of the federal government, he sure does a good job of draping himself in the American flag. He also has things like this to say:

I want to tell you one more thing I know about the Negro (…) because they were basically on government subsidy, so now what do they do? They abort their young children, they put their young men in jail, because they never learned how to pick cotton. And I’ve often wondered, are they better off as slaves, picking cotton and having a family life and doing things, or are they better off under government subsidy?

I have to say, I didn’t expect that. He may have been questionable before, but now he’s pure poison to his supporters. They’re doing their best to backpedal at this point, but the damage is done.

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Civil Rights

I Do Not Think It Means What You Think It Means

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The company line from the arch-conservatives is that Cliven Bundy won a battle against tyranny when he called in the militia to repel Big Gubmint from his land.  The truth is quite different.  Bundy broke the law, and when things didn’t go his way, he called in a bunch of armed thugs to avoid the consequences.

Here’s a memo to the Alex Jones fanclub: you have all been duped.  Using force (or the threat of force) to coerce others is the very antithesis of a free society.  You’ve been shown all too willing to use the tools of fascism under the guise of fighting it.

Captain Brillo Beard

Take a good look at the patch on Captain Brillo Beard’s chest.  In case you’ve forgotten Roman history, the Praetorian Guard served emperors.  Occasionally, they killed the very emperors they served if it suited them.  You might remember Caligula, but Pertinax, Aurelian, and Caracalla (there’s probably a whole list somewhere) all fell to their own guards in the name of political expediency or simply for money.

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Civil Rights Ordnance

About Those AR-15 Pistol Braces

Earlier this year, Sig Sauer started marketing an AR-15 pistol with a “stabilizing brace” that looks a bit like a short stock. As pictured here, it’s designed to fit over the forearm.

People are claiming that the ATF, local law enforcement, or Bigfoot have been cruising public ranges and making arrests because some folks are using the brace as a stock. That’s not true. They can’t do that.

The ATF has classified this weapon as a pistol. Sticking it up to your shoulder does not turn it into a short-barreled rifle. I’ve already had arguments about this, so here’s the response from the ATF themselves:

FTB [Firearms Technology Branch] has previously determined (see FTB #99146) that the firing of a weapon from a particular position, such as placing the receiver extension of an AR-15 type pistol on the user’s shoulder, does not change the classification of a weapon. Further, certain firearm accessories such as the SIG stability brace have not been classified by the FTB as shoulder stocks and, therefore, using the brace improperly does not constitute a design change.

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Civil Rights E-cigarettes

Fear, Uncertainty, and Doubt

There’s been something of a full-court press to demonize electronic cigarettes in the media lately. The idea is to present them as a public-health menace on the same level as tobacco, thus triggering extensive regulations. Senator Durbin, along with Blumenthal, Markey, Boxer, Heitkamp, and Lautenberg, has called on the FDA to step in.

And why? Because they’re not already regulated. It’s a grim tautology that implies every aspect of our behavior should be subject to government oversight. It’s no coincidence that the politicians who have been the most vocal on this matter are also the biggest supporters of gun control in Washington DC.

It comes down to the same philosophy: meddling.

Civil Rights

Goodbye, Piers

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Piers Morgan signed off on his last CNN broadcast tonight. He didn’t skimp on the melodrama.

But that’s where guns belong — on a military battlefield, in the hands of highly trained men and women fighting for democracy and freedom. Not in the hands of civilians. The scourge of gun violence is a disease that now infects every aspect of American life.

At least he finally came out and said it.

The gun lobby in America, led by the NRA, has bullied this nation’s politicians into cowardly, supine silence. Even when 20 young children are blown away in their classrooms.

I’d respond that we did no such thing. We opposed broken and ineffective regulations that, by the admission of the people promoting them, would have done nothing to stop another mass shooting.

Ah, but why bother? He’s going back across the Atlantic, and he can be their problem. Let’s hope he keeps that cricket bat handy.

Civil Rights

Skadefryd

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I’d like to say it couldn’t happen to a nicer guy, but I’d be lying. California state Senator Leland Yee has been arrested on charges of corruption and bribery. What the Huffington Post (and many of his supporters) fail to mention is that he is also being charged with weapons-trafficking.

The grim irony is that Yee was one of the most vocal, persistent, and extreme proponents of gun control in the California legislature. Bills he sponsored included a ban on “bullet buttons,” a bill to mandate so-called safe storage, a bill requiring ammunition sales to be reported to the police, and of course, legislation to kill 3d printing. He also hates video games.

If we add him to the list of anti-gun mayors who’ve landed themselves in legal trouble…well, it’s not really a good year to be hanging around with that bunch.

If you want to parse it, the entire affidavit is here.

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Civil Rights

Dianne’s Back

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Senator Feinstein just won’t let go. She tried to play the Newtown tragedy for all it was worth, but Harry Reid wouldn’t let her new version of the Assault Weapons Ban reach the floor. Despite her constant pleas that President Obama make gun control a leading issue in 2014, he seems reluctant to discuss the issue.

Now she’s trying to convince the President to expand the provisions of 18 U.S.C. § 925(d)(3) (also known as the “sporting purposes” clause) to ban the import of all “military-style” firearms.

She singles out the Romanian WASR-10 (a cheap AKM clone) for whole heap of ire:

An analysis by the Violence Policy Center found that more than 700 Romanian AK-47 variant rifles were identified in 134 federal gun trafficking prosecutions involving illegal smuggling from the United States to Mexico and other Latin American countries. (…) For example, one imported Romanian AK firearm, the WASR-10, was carefully designed to exploit the sporting purposes test and has become a favorite of the gun traffickers that profit by arming Mexican drug trafficking organizations.

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Civil Rights

NRA 2015 Ballots

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If you’ve been a member for five years (or a life member) you should have gotten your ballot in the February magazine. There are 29 candidates up for election, and you may write in others.

Some, like Tom Selleck and R. Lee Ermey, are easy endorsements. Charles Cotton has been an active litigant for us in Texas, and Linda Walker has been supportive in the Ohio legislature. Todd Rathner lobbies for the American Silencer Association and was instrumental in reforming Arizona’s carry laws. Curtis Jenkins was the author of the PLCAA. Antonio Hernández Almodóvar is a bit unknown on the mainland, but he spearheaded two important court cases in Puerto Rico.

The ones we need to drum out aren’t up for reelection this year. As far as write-ins go, Rob Pincus is campaigning for a spot, and he’s a solid choice. I would love to see Colion Noir on the board, but he doesn’t seem to be interested. 

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Civil Rights

Evolve Together, Slight Return

I wrote about these guys last week. At the time, I really couldn’t find much to link them directly to any of the regular gun-control groups. This isn’t too surprising. Their new generation of advocates has adapted well to social media and they’ve learned to cover their tracks.

Then Mike Weisser’s name came up. He calls himself the “gun guy” at Evolve Together, and he has a column at the Huffington Post. Apparently, he’s the “gun guy” because he runs a shop somewhere, and that qualifies him to decide what’s good for us. He’s not a fan of the NRA, and he only recently seems to have discovered the NSSF, which is odd for a guy in the gun business.

His own blog is replete with “studies” authored by David Hemenway and funded by the Brady Campaign. John Lott, who has debunked a great deal of Hemenway’s nonsense, is of course “the NRA’s favorite academic stooge.”

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Civil Rights

Chess vs. Checkers

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The big news today is that the Supreme Court declined to hear three cases involving gun rights. The first was NRA v. ATF, a challenge to 18 U.S.C. § 922(b)(1), which prohibits licensed dealers from selling handguns to individuals under 21 years of age. The second was Lane v. Holder, which challenged the requirement that handguns be purchased in one’s home state.

The third was NRA v. McCraw. At issue was Texas law, which denies a license to carry a pistol to anyone under the age of 21. To answer the central question of the case, the Court would have to rule whether the right to keep and bear arms applies outside the home.

So, does their refusal to grant cert mean the issue is dead? No. These were good cases, but none of them was the right case.

The Second Amendment Foundation and several others have been bringing another set of cases on the matter in the lower courts for three years now.

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Civil Rights

Don’t Let the Door Hit You on the Way Out

Piers Morgan is leaving CNN. I can’t say I’ll miss him. His unrelenting condescension towards the country that hosted and employed him wore thin long ago.

His constant hammering on the gun issue was repetitive and often surreal. While I’m of two minds about Larry Pratt, he was civilized and patient in his first go-round with Morgan. He didn’t deserve to be treated like this. I don’t care what the issue is, or who’s right. A display like that from a man in Morgan’s position is absolutely unacceptable.

Was there ever an apology? No. Morgan doesn’t do apologies, not now and not when he slandered the Queen’s Lancashire Regiment.

I daresay his chances of finding gainful employment in the UK may be worse than his chances here. At least he’s not our problem any more.

Civil Rights

More Win in San Diego

San Diego Sheriff Bill Gore has chosen not to appeal [pdf] last week’s 9th Circuit ruling, in which California’s “good cause” requirement for concealed carry permits was ruled unconstitutional. Ventura and Orange counties have also dropped the clause.

Does this make California shall-issue? Not yet. Dissenting judges in the 9th Circuit can still demand an en banc rehearing of the case. Given the forcefulness of O’Scannlain’s opinion, that might be a hard one, but I wouldn’t put it past someone to try. I can imagine the political pressure will be significant.

There are also methods by which Sheriffs can obstruct the process through other means. California Penal Code is full of all sorts of potential obstacles. The first is their ability to make the training requirement overly burdensome.

26165 (b) Notwithstanding subdivision (a), the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours, but only if required uniformly of all license applicants without exception.

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Civil Rights

Evolve Together

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This video has been making the rounds lately, and I think it’s hilarious.

It was conceived by Evolve Together. Founder Rebecca Bond came out briefly and vaguely on the general issue of violence after Sandy Hook, but she doesn’t appear to be aligned with any of the usual gun-control groups. Of course, the anti-gunners have learned to be sneaky with their affiliations and finances, and it’s suspicious that they haven’t reached out to any of the mainstream gun groups for support.

The video itself was produced by Saatchi & Saatchi, who have done some gun-control work in the past, but I don’t know if that was relevant in this case.

Despite the out-of-period weapon (repeaters weren’t around until 80 years after ratification), it contains a message gun folks really need to take it to heart.

Civil Rights

This Affects Us All

Michael Dunn has been convicted on three counts of attempted second-degree murder. The conviction follows an altercation in which he fired into a car following an argument over loud music with the occupants. While the trial didn’t generate the same media coverage as the Zimmerman case, it’s still national news. It’s also still a problem for us.

There are three parallels to the Zimmerman case. The first is race. We don’t know that it was a factor in Dunn’s decision to open fire, but it’s going to come up anyway.

The second is the media focus on Florida’s “stand your ground” law, despite the fact that it’s not relevant. Neither Dunn or Zimmerman ever requested a pretrial hearing in accordance with the law. Both men allowed their legal counsel to run the case in front of a jury. Nonetheless, there’s a groundswell of activism to repeal those laws, and Shannon Watts (now funded by Michael Bloomberg) is taking point on the initiative.

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Civil Rights

An Unexpected Win

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Today, the 9th Circuit Court of Appeals delivered a surprising verdict in the case of Peruta v. San Diego [pdf]. California’s requirement that applicants for concealed carry permits prove “good cause” has been ruled unconstitutional. 

The district court erred in denying the applicant’s motion for summary judgment on the Second Amendment claim because San Diego County’s “good cause” permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense. [p. 77]

Wow. Nobody really expected that from this court, and I really didn’t expect this from Judge O’Scannlain, who was less than helpful in Nordyke.

Civil Rights

Connecticut Already Considering an Amnesty

Compliance rates for the gun and magazine registry in Connecticut are much lower than expected. This comes as little surprise, since post offices closed early the day before the January 1 cutoff and most people wait until the last minute to meet deadlines like this. In an effort to salvage some credibility, the state is already considering an amnesty and a second chance at registration, less than a month after the original deadline.

Historically, such schemes have met with little success. Canada and Australia should be considered as test cases. There was little reason to expect better results in Connecticut.

Before we start with the mah cold dead hands claptrap, let’s bear in mind that Governor Malloy didn’t seize power in a coup. Nor was the legislature who wrote this law appointed by some shadowy star chamber. The people of Connecticut voted for these people, and this should be an abject lesson that local and state elections matter.

Civil Rights

The Wages of Microstamping

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If a manufacturer wants to sell a handgun in California, there’s a process. Samples have to be submitted to the state Department of Justice for testing and approval. Certain state-specific limits and safety devices are required. Even then, only that particular model and iteration is permitted. The manufacturer must periodically resubmit guns for the same process, or they fall off the list.

In 2007, Governor Schwarzenegger signed off on a bill that added microstamping to the list of required safety features. At the time, there was no workable method, so the bill stated that the process would be required whenever it became viable.

That happened last year. From this point forward, any handgun sold in California must have those little engravings on the firing pin and breech face. Who pays for it? The manufacturer. AB 1471 precludes the state from having to reimburse them.

Several smaller manufacturers have registered their displeasure with the whole shebang, but the big news has come over the last couple of weeks.

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Civil Rights

Ghost Guns

It’s no secret that California Senator Kevin de Leon hates guns. His voting record shows ample proof of that. His latest crusade is against so-called “ghost guns.”

What is a “ghost gun?” Apparently, it’s a convenient catchall phrase (like “assault weapon”) that includes polymer receivers and guns without serial numbers. I’d ask Kevin himself, but he seems to be a bit fuzzy on technology. A shorter version of the video is here, but the gist of it is this statement, which is taken verbatim:

This is a ghost gun. This right here has the ability 30-caliber clip to disperse with 30 bullets within half a second. 30 magazine clip, half a second.

Right. So, um, that clears it right up. It’s a weapon chambered in 7.62 with a cyclic rate four times faster than the M16. I’m honestly unaware of any such thing.

Please, nobody ask him what a barrel shroud is.

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Civil Rights Visual Media

On Double Standards

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Harvey Weinstein and Meryl Streep have announced their intentions to make a feature film bashing the NRA. Weinstein is the founder of Miramax, a company known for producing wholesome family films that teach nonviolent solutions to life’s problems. Pulp Fiction, Death Proof, Sin City, Django Unchained, and Inglourious Basterds are just a few of the heartwarming movies he’s bankrolled and produced.

There’s no small irony in the fact that he’s a big fan of gun control. I can’t fathom what philosophical justification he has for condemning the instrument while celebrating the act of violence to the extent he does. Whatever helps him sleep at night, I suppose.

Weinstein claims the new movie will be something along the lines of Mr. Smith Goes to Washington. He added, “we’re going to take this issue head on, and they’re going to wish they weren’t alive after I’m done with them.”

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Civil Rights

41P on Hold for Now

The American Silencer Association met with the ATF yesterday, and this is what we know about the proposed rule change:

  1. There were 9500 comments, 1000 of which were rejected for “vulgarity, anonymity, or non-applicability.” (Thanks for the Obama Kenya Nazi thing, Joe Bob)
  2. The ATF has to respond to every comment in writing. This means, even if they decide to go ahead with the rule change, it will be at least six months to a year before it takes effect.
  3. We don’t know if Forms 1 and 4 already in process will be affected. Based on history, the ASA thinks not.

Nonetheless, wait times are averaging 9-10 months right now. It would be a good idea to get those applications into the pipeline sooner rather than later.

The NFATCA are the folks who got us into this mess in the first place, and they have a table at SHOT Show this week.

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Civil Rights

Bloomberg’s Paper Trail

There have been some questions about the exact relationship between Michael Bloomberg’s New York City Hall staff and his employees at Mayors Against Illegal Guns. Judicial Watch obtained over 500 pages of emails through an FOIA request, and they have it posted here [huge pdf file].

The chain of emails begins a couple of hours before the Sandy Hook shootings on December 14, 2012 and continues through January. Their intention to take control of the debate, even before the White House and Congress have had a chance to respond, is almost immediately apparent.

Civil Rights

The Week in Politician Gun Safety

On Tuesday, it was reported that New York State Homeland Security chief Jerry Hauer had pulled a gun and flagged two Swedish officials with it. Why?  He needed a laser pointer, and the closest one at hand was the one on his gun.

Let’s spot the number of problems with his explanation:

In the end, I used the laser gun. Was it the smartest thing in the world do? Absolutely not. (…) I would never point an empty firearm [ed: there is no such thing] at anyone, let alone a loaded gun.

Not only was it not the smartest thing to do, it wasn’t smart at all. How does this guy get to carry a concealed pistol in New York City (and in federal buildings, no less), but the average citizen cannot?

Next up is Kentucky Representative Leslie Combs, who had a negligent discharge in her office. Apparently, she was “purposely disarming it to put it up because I didn’t like it and I didn’t want to use it any more.”

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Civil Rights

2013 NICS Numbers

The FBI has released the tally of NICS background checks, broken down by state [pdf]. Georgia had 527,885, which puts us about the middle of the pack. It’s the highest number since the system went on line in 1998. States with over one million checks were Florida, California, Illinois, Kentucky, Pennsylvania, and Texas. Texas had the most checks at 1,633,278 and Hawaii came in last at 17,416.

These numbers only tell part of the story, however. Many states, including Georgia, exempt buyers with state-issued carry permits from the NICS check, and a one-time sale of multiple guns only counts as one transaction. On top of that, NICS checks are often run for the issuance of carry permits, among other things that aren’t directly related to the sale of a firearm.

For example, Kentucky appears to be second in the nation, with 1,578,331 checks run, but the state runs a NICS check every month [pdf, p.

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Civil Rights

Listen Up, Hippies

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Here comes Captain Buzzkill to harsh your mellow. The state of Colorado claims it’s now legal to purchase, possess, and consume recreational marijuana. In short, you can spark up the bong and the fuzz can’t bust you. That’s the groovy part.

The heavy part, man, is that smoking the reefer is still a violation of federal law. In case you’re confused, that’s the bigger part of government. The one all the way over in Washington, DC. Put your finger on the map and move it to the right. Past Kentucky. A little further. There you go.

By their laws, you’re an unlawful user of a controlled substance. 18 U.S.C. § 922 (g)(3) prohibits you from owning a firearm [pdf].

Too many numbers and big words? I’ll break it down for you, bro: if you smoke weed, you don’t get to own a gun. Even if your state claims it’s legal to do so.

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Civil Rights

NY SAFE Act Upheld at District Court

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Chief U.S. District Judge William M. Skretny ruled today on the constitutionality of New York’s SAFE Act [pdf]. Yet again, the right to keep and bear arms is subject to intermediate, not strict, scrutiny. Citing Justice Breyer’s dissent in the Heller case, the court held that a lower standard applies, saying “these types of restrictions are presumably justified because of the unique ability of firearms to upset and disrupt public order.”

Some of Skretny’s citations are truly bizarre. He falls back on a 1998 ATF study on “sporting purposes” and articles from Mother Jones, of all things. But hey, this is New York, and he’s doing the job he was appointed to do.

Civil Rights

Bull Moose Sportsmen

Here we go again. The Bull Moose Sportsmen claim they’re a group of Colorado gun owners and 2nd Amendment supporters who just think some gun control is a good idea. They dress in camo and hunt birds with shotguns. That makes them just like us, right?

Wrong. BMS is a false flag operation, just like the American Hunters and Shooters Association and the American Rifle and Pistol Association. As Emily Miller has pointed out, Bull Moose founder Timothy Mauck was finance director for Mark Udall’s campaign in 2012. Udall, to put it mildly, is not a friend to gun owners. They have lent support to Senators Michael Bennet and Martin Heinrich, both of whom have voted for bans on so-called high-capacity magazines.

For a group claiming nonpartisanship, more than 95% of funding for BMS comes from the blatantly partisan America Votes. Among other things, America Votes attempted to protect Colorado Senators Morse and Giron from recall.

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Civil Rights

The Hitler Thing

This is a Public Service Announcement to anyone who wants to argue gun rights and not come off as an incoherent and tactless windbag.

We lose an argument very quickly by comparing contemporary politicians to the architects of the Holocaust. Likening someone to Hitler, Stalin, or Pol Pot just makes the speaker sound like he’s off his damned rocker. Such statements are factually inaccurate, and they just come off as mean-spirited and ignorant.

On top of that, there are still folks around who were actually affected by the Holocaust. They find it pretty insulting when we compare a battle over a single political policy to the systematic killing of six million Jews.

Yes, the President has a gun-control agenda. It’s blatant and vindictive, but that doesn’t make him Joseph Goebbels. Statements like that cost the commentators the moral high ground they so cherish. While it might generate hits for a right-wing blog or a few “attaboys” from the choir, it loses us a huge portion of a moderate audience.

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Civil Rights

A Tale of Two Sheriffs

Nationwide, several sheriffs have announced they’re going to ignore new gun-control laws. It’s a nice stance to take, but the fact that a certain official refuses to enforce a law in a certain area at a certain time isn’t much of a guarantee.

Maybe Sheriff Joe doesn’t enforce the law, but what about Sheriff Bill in the next county? Am I sure? I may be safe in County A, but what happens if I’m caught in County B? I’m going away for a felony.

Then there’s the question of accountability. Sheriffs are elected officials. Let’s say Sheriff Joe doesn’t enforce the SAFE Act. Election time comes around, and Sheriff Steve runs against him. Perhaps Steve makes Joe’s capricious and inconsistent performance of his duties an issue.

Steve takes office and starts enforcing the law without warning. He doesn’t have to tell everyone that he plans on doing so. It’s the law.

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