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February 2007
Debate on a new military rifle
The Army Times carries the story. H&K have come up with a light rifle that uses a piston and operating rod (so 20th century!) and is far more jam-resistant than the M-4/M-16 series. Probably cheaper, too. The military's resistance to it (and to other proposals to improve the rifle) is basically it'd cost so much (a whole billion) to replace, and so they'd rather wait until the day when they can design a planned space-age weapon down from 16 pounds to something carryable. The technology will become available someday, they hope.
It's interesting to reflect how ready they are to spend billions on high-tech weapons, but not to give the grunt a reliable rifle.
[Hat tip to Dan Gifford]
AZ makes self-defense bill retroactive
The Arizona legislature has passed SB 1302, making its earlier self-defense improvements retroactive, covering any cases that had not gone to verdict by April 24, 2006.
That underscores a point about drafting statutes... ALWAYS put in a "saving clause" that says exactly what the bill affects, time-wise. Does it only relate to events that occured after enactment, or only to cases filed after its enactment, or to cases that were already in the pipeline?
Permalink · State legislation · Comments (4)
Texas "no retreat" bill out of committee
The Lone Star Times has a good discussion.
Permalink · State legislation · Comments (0)
Article on "stand your ground" laws
John Longenecker has it here.
Permalink · Self defense · Comments (0)
Lapeer MI auctioning off M-16
The Lapeer Sheriff's Dept. is going to make some much-needed cash by selling an M-16. Now, it being full auto, it has to be transferred only after the buyer submits fingerprints for an FBI check, pays a $200 fee, and gets the approval of his local police chief or sheriff. You'd think even antigunners would have no complaint there. But...
""The fact that a law enforcement agency is selling a dangerous weapon is appalling," said Shikha Hamilton, president of the Michigan chapter of the Million Mom March, a gun control group."
[Hat tip to The Bitch Girls.
[Update: just to explain the comments for those not into licensed full auto: (1) $1700 would be impossibly low as a price for a fully-transferrable M-16. $17,000 might be a bit closer. (2) But there are some classes of guns that got various benefits (no tax, or made after the 1986 ban) that only a police agency can possess. For those, $1700 might be possible, since the only buyer would be another police agency that feels it's short an M-16, a rather limited market. So the Million Moms lady is getting lathered up over nothing -- they're just going to sell it to another PD, if that's the case).
Close the Chicago PD loophole!
An internal audit of Chicago PD's evidence locker guns found 133 guns were missing, four of which were recovered later from criminals.
Chicago was rather bold with its suit against the gun manufacturers, considering that the city itself seems to be a leading source of crime guns! No wonder they suppressed the audit for ten years.
[Hat tip to Dan Gifford]
St. Gabriel Possenti Day
Dave Kopel reminds us that today is St. Gabriel Possenti Day. (John Snyder has been trying for years to get him declared the patron saint of gunnies, since he is the only canonized saint who had occasion to show off his ability as a shootist).
Thoughts from Canada
A killer successfully gets around Canadian gun laws, which just proves they need more.
"the most sensible thing to do is to cut down on the armed people like Gill, Valery Fabrikant and Marc Lepine, all of whom obtained their guns legally.... To me, the answer is simple: no more guns."
Permalink · non-US · Comments (2)
Falling for false flag operations
I've mentioned (as has practically every gun blogger) the Jim Zumbo controversy. I haven't gone into it too much, since (1) I've never heard his name before (I'm a shooter, but have little time to hunt and less to read hunting writers) and (2) while I disagreed with what he said, he already was taking a ton of flak over it and didn't need more.
But I'd like to deal with a related issue. Bill Schneider, at New West, has an article, "NRA Destroys Longtime Friend. Full of terms such as "gun rights zealots" and a statement that Zumbo's comment "makes sense to most Americans," and "To me, it seems like outdoor writers are giving the black rifle Gestapo their victory with their silence. And not just writers. Where is the outrage from millions of hunters who agree with every word Zumbo posted on his blog? "
So I looked up Schneider's previous writings. What they illustrate is how the opposition can use this fault line to divide and conquer, and also how easily the hunter-only side of it can be led to fall for "false-flag" operations (Supposedly pro-gun groups actually set up and controlled by antigun organizations).
In "Saving hunters from the NRA" he endorsed the American Shooters & Hunters' Assoc., which is a prominent "false flag" operation. The group "had almost no members and a mere half-million in the bank, but planned on an aggressive membership drive. And aggressive it must be to make any dent in the NRA's body armor. " (Hmm--no members, yet half a million in the bank? Might that lead one to wonder where it came from?) "Hardcore gun owners will remain skeptical, but many hunters who feel burned by the NRA will probably be hopeful this is reality instead of hype."
As I've noted previously, the Amer. Shooters & Hunters group was founded by a Brady Campaign director, and Cam Edwards has a full rundown of its creation.
In "NRA Doesn’t Represent Both Hunters and Gun Owners" he responded to readers who'd said he'd been duped by the group... "I really don't know if the AHSA truly represents the rights of gun owners, but that wasn't the point of the article. The point was: Imagine a little group like this trying to take on the goliath of politics. To this, I say dream on!... In looking at today's political landscape, it seems like we might need another group to step up and save hunting before the NRA destroys it." Then he quotes the "GunGuys" blog, which is another antigun "false-flag" operation. "In response to Wray's original articles, the Gun Guys website where "everybody is a straight shooter," agreed: "One of the reasons we exist is simply to set the record straight on gun issues. For years the NRA has fed lies to the American people because it advances their agenda."
Uh--the GunGuys was long ago exposed as a front for the antigun Joyce Foundation. More data here and here.
The controversy underscores something for me. I can understand there are sometimes conflicts between hunting-only and gun rights, if only because a pro-gun rights legislator may be anti-conservation, or putting resources into one means you can't put resources into the other. (There can even be conflicts within hunting-only: increasing hunting license fees makes hunting more costly, but increases funding for game conservation, restricting off road vehicles may make hunting areas more pristine but makes hunting unavailable to those who can't hike for miles).
Yes, I can appreciate the virtues of a traditional rifle and those who value them. I love the US Krag, and have some interesting 1930s conversions of them into deer rifles. The ingenuity of some of the work is astonishing -- mounting an adjustable peep sight on the cocking knob, for instance. I also happen to like my AR-15 -- the challenge of making a really accurate semi-auto is interesting. The problem here is that folks who like the first may assume (as traditionalists) that traditional values apply. People may be taken at their word. The other side is not obsessive, but has rational limits. If they say they only dislike AR-15s and certain handguns, they must mean it. There are no "false flag" operations. A group with shooters and hunters in their name is a group of shooters and hunters, and a blog named "The Gun Guys" must be run by gunnies.
Permalink · antigun groups · Comments (9)
More on L'affaire Zumbo
The Billing Gazette also has this story on Jim Zumbo's fall from grace.
Montana votes down expanded self defense bill
The Billings Gazette has the story.
Permalink · State legislation · Comments (0)
Post on Brady Campaign
The Free Market News Network has a fine post on Brady's tactics.
Permalink · antigun groups · Comments (0)
More on suit against UPS for termination over gun in car
Prof. Volokh has a further discussion of the case that held a UPS employee, fired because he had a firearm in his car in a public parking lot, could sue for wrongful termination.
NJ Right to carry roadshow
A Geek with a .45 reports on the NJ Coalition for Self Defense and its Right to Carry Roadshow.
Another NY arrest in violation of FOPA
The Firearms Coalition is reporting the case of a lady who, after visiting friends in Vermont, checked her gun in at the airline ticket counter in NY, and was promptly arrested.
The Firearm Owners Protection Act inserted a clause to forbid this manner of enforcement. 18 US Code 926A provides:
"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."
Of course, NY authorities disregard that law at will. There's already one suit for damages against them on it.
Permalink · State legislation · Comments (2)
Zumbo controversy
Snowflakes in Hell has some thoughts on the internal conflict between folks who are primarily hunters and folks who are shooters in general.
Dave Kopel & comrades on genocide
At Reason Online, Dave has Guns Don't Kill People, Gun Control Kills People.
"But in its effort to "disarm," the Ugandan army, supported by tanks and helicopter gunships, is burning down villages, sexually torturing men, raping women, and plundering what few possessions the tribespeople own. Tens of thousands of victims have been turned into refugees. Human rights scholar Ben Knighton has used the term “ethnocide” to describe the army's campaign.
......
This time, the pretext for the "disarmament" of the Karamojong is United Nations gun control. The Ugandan military is trying to round up every last firearm in Karamoja, supposedly for the Karamojong's own good.
The procedure is euphemistically called “forcible disarmament.” It works something like this: The misnamed Uganda People’s Defence Force (UPDF) will torture and rape Karamajong, after which some Karamojong might then disclose the location of some hidden guns. Or the army will burn down a village, after which it might find some guns in the ash left behind."
Permalink · arms vs. genocide · Comments (3)
Dave Kopel's list of 10 best second amendment books
At the Volokh Conspiracy, Dave Kopel has a pdf link to his recent article on the ten key books on the right to arms. Disclosure of conflict: my now out-of-print "Origins of the Second Amendment" is on it. I see there's still used copies available via Amazon, if anyone wants to try, and if I can find a publisher (the former one went out of business), I'd be game.
Update: reader Roger Thompson points out you can search libraries worldwide for books, using WorldCat, and not only find if a book is in them, but which location is closest to you.
Cam Edwards on women & self defense
Cam Edwards has a great Townhall column on the subject.
Permalink · women & guns · Comments (0)
Take on the Zumbo controversy
I've so far not had time to comment on it, but The Martialist has a summary.
Hat tip to Joe Olson.
Federal court voids firing because employee was armed
Gene Volokh discusses a new US District court case (N.D. Ohio) that ruled that a UPS employee was wrongly fired, for having an unloaded firearms in a public parking lot used both the UPS and other employees.
UPS had announced that law enforcement would be conducting a "routine" search of all persons and property for contraband. Er -- anyone heard of the 4th Amendment? He said that he had such a firearm, and he was fired.
Generally, unless the employment contract says otherwise, a person can be fired, or can quit, at will. But some courts have recognized that the firing power cannot be exercised in narrow cases where the firing offends "public policy" (usually invoked where a person was fired in retaliation for, say, complaining about safety violations). The district court, recognizing the Ohio constitutional provisions on the right to arms, said that the firing violated such state policy (stressing that the allegation was that UPS didn't own the parking lot, so it'd be the same as firing a person for owning a firearm in their home).
"Animal Law"
Just got a notice of a continuing legal ed seminar on it from the State bar:
"Do you practice family law, estate planning, personal injury, or criminal law?
If so, this is a must attend seminar. Animal Law is a developing area of law that encompasses all of these practice areas. When your client comes to you with an Animal Law issue, be prepared by using the tools and tips presented in this seminar.
Practice family law? Future trends in custody disputes and the property issue will be covered. How about estate planning? Pet trust statutes, tax considerations, and the law of estate planning for companion animals will be discussed."
Estate planning for your cat? The little sucker won't miss you for a nanosecond, just go looking for someone else to feed it.
The new "assault weapons ban" bill
Kim du Toit has a thorough analysis. After a long list of guns banned by name, and a long list of banned features, it has a catchall clause: any semiautomatic originally designed for military or LE use (not clear if that means the auto version was designed for that use), unless the Atty General finds it is particularly suitable for sporting use, and "a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event."
Boston Gun Range may be shut down
The story is that it allowed persons without a gun permit to rent firearms for temporary use on the range only, and the sheriff contends that wasn't legal (and also that it used human siloulette targets, apparently also forbidden in the state).
DC Ct of Apps cites 2nd Amendment in Gitmo ruling
Clayton Cramer has the story. The DC court invoked Johnson v. Eisentrager, a Supreme Court ruling that reasoned that Nazis detained after the war did not have Bill of Rights protections:
"If the Fifth Amendment confers its rights on all the world . . . [it] would mean that during military occupation irreconcilable enemy elements, guerrilla fighters, and ‘werewolves’ [Nazi guerrillas] could require the American Judiciary to assure them freedoms of speech, press, and assembly as in the First Amendment, right to bear arms as in the Second, security against ‘unreasonable’ searches and seizures as in the Fourth, as well as rights to jury trial as in the Fifth and Sixth Amendments.”
§1983 and statutes of limitations
The Supremes today ruled in Wallace v. Kato that the statute of limitations on a §1983 case, arising out of alleged false arrest, begins to run when the plaintiff is detained, not when he is acquitted.
Permalink · General con law · Comments (3)
Australian gun laws amended to allow bodyguards
New South Wales had to amend its gun laws to allow VP Dick Cheney to bring armed Secret Servicemen.
Permalink · non-US · Comments (4)
FAA withdraws rule asserting collective right
War on Guns is reporting that the FAA withdrew the rule asserting that the Second Amendment is a collective right.
I suspect that the original rule's provision was inserted by some antigun staffer, and overlooked by everyone else, since it was an explanation of why they had a provision barring gun possession during private flight into outer space. Which does seem a rather minor issue, since (1) a person is unlikely to be robbed or criminally assaulted while in a space capsule and (2) they don't have metal detectors anyway. On the other hand, perhaps "Aliens" is an accurate depiction of why you might want to pack a 12 gauge...
Supremes rule on punitive damages
The US Supreme Court ruled today in Phillip Morris v. Williams. It was a tobacco suit, and the state court awarded $79 million in punitive damages. The trial court turned down a jury instruction that said the jury should consider only the harms to plaintiff when assessing punitives, and plaintiffs argued to the jury that it should consider harms to everyone in the state who had smoked over the last 40 years. The Supremes ruled that awarding punitives calculated on conduct toward third parties violates the Due Process Clause.
For once, it's a pleasantly short opinion. Curiously, the dissents come from both the liberal and the conservative wing of the Court -- Stevens, Ginsberg, Thomas and Scalia.
Permalink · General con law · Comments (0)
And to think...
Just reflecting that if terrorism had been a problem 40 years ago, I'd have gotten a really fun job with the FBI.
A note on the commerce clause
After hearing an argument in the Supreme Court, a spectator writes:
"According to the construction now contended for, and what is more than probable will be supported by the Supreme Court, the states can do nothing, which it is not in the power of Congress to regulate; and there is scarcely any change they can can act upon at all – the trade, or commerce, being helpful to the regulation of Congress, is supposed to draw after it almost all power of regulation."
The surprising thing is that this was written in 1824, and the argument was in Gibbons v. Ogden.
Permalink · Commerce Clause · Comments (1)
Hot news from Drudge Report
Bill Clinton gropes, and may sleep with, his wife.
Permalink · Politics · Comments (4)
Brady Campaign and scope sights
Sebastian at Snowflakes in Hell has the story.
Via The Bitchgirls.
Permalink · antigun groups · Comments (0)
Novel response to Bloomberg suits
VCDL reports that the Virginia Senate Courts of Justice Committee reported out HB 2653, which makes it illegal for private persons to set up "strings" against firearms dealers.
Off duty officer shoots robber in DC
An armed, off duty DC officer shoots a street robber. Good for him. But we have to reflect that, if he hadn't been an off-duty officer, he'd have been in handcuffs and jail before the robber was.
Permalink · Self defense · Comments (0)
Good column on gun control
Over at Townhall.com.
Genocide and numbness
One death is a tragedy: a million deaths is a statistic.
Permalink · arms vs. genocide · Comments (1)
LA Times on Castle Doctrine, No-Retreat Laws
Texas is considering the different self-defense supplements, and the L.A. Times describes them...
"In a "shoot first, ask questions later" approach to personal safety, state lawmakers are weighing a bill that would give Texans the right to use deadly force as a first resort when they feel their safety is threatened."
"The bill allows a person to claim self-defense if he or she feels threatened at home, in a car or place of business."
"Florida legislators, who in 2005 were the first in the nation to enact a "stand your ground" statute, are already rethinking the law."
Permalink · media · Comments (1)
Utah shooting was in a "Gun Free Zone"
John Lott has the evidence. The only thing that stopped the shooter was that the off-duty officer didn't follow the rules.
Via Gun Law News.
The perils of a blind date
The Arizona Republic has the story. When she asks to tie you up, you might figure it's gonna get kinky, but when she pulls out the knife and pickaxe, it's a clue this is going to be a Valentine's Day that you will remember for a long, long, time. If you live through it, I mean.
Permalink · non-gun weapons · Comments (1)
Study of cop-killers
Here's a summary of a study of killers of law enforcement officers. Of relevance here: only one of the 40 studied bought a gun legally. "Researcher Davis, in a presentation and discussion for the International Assn. of Chiefs of Police, noted that none of the attackers interviewed was "hindered by any law--federal, state or local--that has ever been established to prevent gun ownership. They just laughed at gun laws.""
The cop-killers boasted of being better shots and more practiced that the LEOs they fired on. 40% had been in gunfights before the one with the officer.
Interesting cues for LEOs:
None used a holster, they generally tucked the gun into their waistband. As a result, they have to feel it from time to time to make sure it's in place, and when running, have to keep a hand on it. Both should be clues that the suspect is armed.
40% carried a backup gun, at least on occasions.
Female officers are more thorough at searches of suspects, but are more likely to overlook the fact that females with the suspect may also be armed.
The gang-bangers' style is to avoid using sights, get the first shot in, and just fire in the general direction. The first hit is all-important, because if the other person goes down, they can always walk over and finish him off. (For LEOs this would underscore the FBI program I've heard about, something like just because you're hit doesn't mean you're dead. Most people hit just collapse, when they actually could continue the fight. In this setting, keeping up the fight means surviving, since the gang-banger doesn't plan on taking prisoners).
Permalink · Crime and statistics · Comments (5)
This is the best they can do?
California proposes requiring barrels to be microstamped, or should I say microstampers, so as to engrave their gun's serial number on a bullet.
California Brady Campaign "strongly" endorses it. While acknowledging it may not lead to catching a criminal shooter, who "could have gotten that gun illegally," but "if we can go back to the original purchaser or the original dealer of that gun then we can stop some further trafficking of guns to prohibited purchasers."
So in most cases, they'll be able to find the dealer who sold to the person from whom it was stolen. That will be valuable, I'm sure.
Permalink · antigun groups · Comments (6)
Brady gets stung
Snowflakes in Hell has the story. Brady Campaign releases a report naming alleged criminal, or at least suspicious, gun dealers ... and it turns out that a dealer listed was operating a sting in cooperation with BATFE.
[Via Instapundit]
Permalink · antigun groups · Comments (1)
Mitt Romney's shifting positions
National Review Online has a nice summary.
Permalink · Politics · Comments (2)
British experience
The Telegraph speaks out. "We have, post-Dunblane, what are said to be the toughest gun control laws in the world. They have actually proved strikingly ineffectual."
Permalink · non-US · Comments (5)
Things getting lively in People's Republic of California
The Legislature is back, and pumping further AW bans, criminalizing failure to report theft, licenses for selling ammo, microstamping, etc.
(It is strange that one legislator is denouncing the AR-15 -- as I recall, they've been banned for years in CA).
Permalink · State legislation · Comments (4)
Dealing with IEDs
I'd earlier posted an idea for dealing with IEDs. The detonating mechanisms often use cell phones, or sometimes walkie-talkies. All radio receivers also emit RF radiation to a small degree, and cell phones periodically send out a short signal (so the system knows where you are). A device to detect this could be quite useful. Even if short-ranged, (1) range can easily be extended by several factors by use of a directional Yagi antenna, which also would tell you whence the signal came, and (2) you could put the detector on a small remote controlled car to sniff around. It could not only scout for you, but also be useful sniffing out buried or hidden IEDs, in a way that's a lot safer than digging for them.
Just in case anybody from DARPA is reading this, they already had cell phone detectors. Here's one, and here's another. I believe a similar device could be designed for walkie-talkies, albeit of shorter range. And mass produced for a fraction of what's being charged here.
They make you turn cell phones, and computers off, on plane for just that reason. They radiate radio frequency signals, even when not transmitting.
Close the government gun loophole?
CCRKBA has challenged the mayors' group to close the Government Gun Loophole. Their alert is in extended remarks below.
They could have gone farther with the point.
Continue reading "Close the government gun loophole?"
Utah mass murder
It's generating a bit of a debate on gun laws. Sounds as if the other side is getting the worst of it, since logically it is unlikely that any gun laws that could be suggested would have stopped the shooter, while one citizen with a CCW permit could have. (In fact, an off-duty cop with a concealed arm was what did stop him).
In the meantime, WorldNetDaily reports that the killer was a Bosnian moslem.
Documentary on Second Amendment hits HotAir!
In Search of the Second Amendment just got covered on Michelle Malkin's popular videoblog, HotAir!
Permalink · documentary film · Comments (1)
Clayton Cramer's book reviewed
Clayton Cramer's new book, Armed America, gets a favorable review in the Washington Times. Clayton is the fellow who brought down Michael Bellesiles' book Arming America, which had claimed that guns were much rarer and less important in pre-Civil War American than had been thought. Clayton started checking out Bellesile's sources and found that time after time they either didn't say what he said they did, or often said absolutely nothing about firearms. He used a webpage to point out the deceptions, with images of the documents Bellesiles had mis-cited.
For months the professional historian community shrugged it off, but finally began to take notice, and found more problems, and big ones -- including a claim to have researched probate records that had in fact been destroyed in the San Francisco earthquake and fires, a century before. Eventually the publisher withdrew the book from publication, Bellesiles resigned his professorship, and a prestigious prize awarded him was revoked.
[Via Instapundit]
Sandy Froman speaks at Stanford Univ.
The college paper has this story.
One reason Philadelpha might have a crime problem
From the Delco Times: a gun dealer has a stolen gun, it's recovered in a drug bust. The arrested guy has a long record. He's let out after posting a $100 bond, and charges are later dropped. The dealer requests return of the gun and is told he must file a motion and appear in court. "So the guy they caught with Crane’s stolen gun doesn’t have to appear before a judge, but Crane does."
"Just recently, Crane said he was at his old stomping grounds [he's retired law enforcement] downtown at Fourth and Girard. At the station house he saw a sawed-off shotgun laying on a table. A cop there told him the gun’s owner was in custody. But also that he’d arrested the same guy just three days earlier for carrying a different illegal weapon."
Permalink · Crime and statistics · Comments (1)
New Orleans mayor held in contempt of court
The SAF bulletin on the event is in extended remarks, below.
Continue reading "New Orleans mayor held in contempt of court"
Reason on gun & product liability litigation
Walter Olson has "Dangerous When in Power: Does government protect us from hazardous products, or does it put us in harm's way?" in Reason Online. An interesting note:
"The resale of city-owned weaponry-police surplus, as well as guns seized from lawbreakers-is a prized cash cow for city administrations. New Orleans, for example, at the very moment of announcing its first-in-the-country suit against gunmakers, had just finished scoring one of the biggest gun-resale deals ever when it sold through a broker some 7,300 guns, including TEC-9s and various other semiautomatics whose importation and manufacture Congress had banned in 1994. Detroit unloaded a remarkable 13-plus tons of weaponry not long before filing its suit. ...Were the lawyers' theories to be taken seriously, the cities might have to worry about winding up in court as defendants, not plaintiffs."
Permalink · Gun manufacturer liability · Comments (0)
Happiness is a warm gun...
Especially in the bands of a 10 year old. This is Nathaniel, my youngest, burning off bursts from my full-auto Thompson.
By the time we put 250 rounds thru it, it was more than warm -- the barrel was quite hot!
Permalink · shooting · Comments (14)
Third mayor leaves Bloomberg group
Mayor Kevin Jackson has become third mayor to quit the Bloomberg group.
Permalink · antigun groups · Comments (0)
OIG report: FBI lost 354 firearms in 28 months
Here's the pdf report. High points:
The first audit found 212 functional guns stolen. OIG made recommendations, and now comes back for a second audit. Which found 354 guns reported lost or stolen.
Madison's explanation of the BoR
Gunshowontheweb has the Annals of Congress where Madison explained to the House his rationale for a Bill of Rights.
"I should be unwilling to see a door opened for a reconsideration of the whole structure of the Government--for a re-consideration of the principles and the substance of the powers given; because I doubt, if such a door were opened, we should be very likely to stop at that point which would be safe to the Government itself. But I do wish to see a door opened to consider, so far as to incorporate those provisions for the security of rights, against which I believe no serious objection has been made by any class of our constituents: such as would be likely to meet with the concurrence of two-thirds of both Houses, and the approbation of three-fourths of the State Legislatures.... I know some respectable characters who opposed this Government on these grounds; but I believe that the great mass of the people who opposed it, disliked it because it did not contain effectual provisions against encroachments on particular rights, and those safeguards which they have been long accustomed to have interposed between them and the magistrate who exercises the sovereign power; nor ought we to consider them safe, while a great number of our fellow-citizens think these securities necessary."
Permalink · General con law · Comments (1)
GA House passes bill allowing arms in cars in parking lots
Here's the story. It passed 138-30. No surprise here:
"Urban and liberal Democrats lined up to express concerns that the rule change could lead to more bloodshed, while Republicans and conservative Democrats described the measure as a way to increase personal rights and safety."
Permalink · State legislation · Comments (0)
Shakeup at ATF
Two top ATFE officials have been effectively demoted. The Washington Post treats it as a retaliatory demotion: they had "opposed many questionable management and spending decisions by the agency's former director."
I've blogged about the spending scandal before, here and here and here. Agency politics can get quite byzantine. The one that is clear is that these are demotions, and serious ones. Just why is another question. Perhaps because they opposed the spending, or more likely because they are suspected as whistleblowers, or maybe because they are seen as whistleblowers who acted out of a grudge (there were some reports that the whistleblowers were due for reassignment by the director and their actions were meant as payback). Who knows?
Permalink · BATFE · Comments (4)
More on Guliani and guns
Here. Don't think he quite gets it that the constitution right isn't about duck hunting.
[hat tip to Dan Gifford]
Permalink · Politics · Comments (5)
Parker v. DC supplemental designation
The Parker plaintiffs have filed a supplement designation of authority (pdf) (a brief notice of a legal development that occcured past the deadline for briefs). It directs the court's attention to a recent Supreme Court ruling indicating that a person who refrains from acting because of a criminal forbidding it may indeed have standing to sue. That would seem pretty logical, but courts have often indicated that such people do not have standing.
Permalink · General con law · Comments (1)
Page on John Lott
Via Instapundit comes a webpage on John Lott, the economist, and Wikipedia. Essentially, another academic thought the WIkipedia page on Lott was very one-sided and critical, and tried repeatedly to add to it ... whereupon Lott's opponents kept obsessively deleting his additions.
ABA vs, NRA on guns in parking lots
CBS News has the story. I can't see where the issue of whether employers can ban guns from parked cars is anything within ABA's particular sphere of interest. But then again, like most attorneys (and almost all small firm ones), I'm not a member.
Shooting of illegal immigrants
A local perspective on the shooting of three illegal immigrants the other day in Arizona. Drudge had it headlined as they were shot crossing the border. Not even close. Tucson is 60 miles north of the border, and they were about 20 miles northwest of here.
They were proceeding thru a remote area of the Papago Reservation (I know they changed their tribal name, but can never remember how to spell the new name), and from the newspaper photos it looks as if they were on more a jeep trail than a road (that may just be where the truck went after the shooting, as the driver did continue onward. The reason they were sticking to remote roads is that they were pretty obvious about things -- you can hardly drive up I-10 with a bunch of people sitting in your truck bed and not expect that Border Patrol (which usually has a squadcar or two watching, just south of Phoenix) won't take an interest.
What is a bit of a mystery to me is how the attackers would have known where and when the truck would be travelling. I suppose it's possible that word got around that this was a popular route, and so they just set up an ambush and waited, planning to rob them. On the other hand, there might have been inside word (I'm told, for example, that in the drug smuggling business the dealers down there will sometimes sell the drugs, then tip off Border Patrol so as to net a reward for the arrest on top of it. I assume they don't do that to regular customers, as it would be quite bad for return business).
The truck itself had been stolen in Phoenix sometime ago, giving yet another reason to stick to remote roads.
Proposal to raise CCW permit fees in Nevada
A bill has been introduced in Nevada that will double the fee for a CCW permit. More here.
Permalink · CCW licensing · Comments (1)
USA Today covers VCDL's "Bloomberg Gun Giveaway"
Story here.
Letter to editor re: Fla Sun-Sentinel attack on CCW law
The Sun-Sentinel has spent a week attacking the Florida shall-issue law, and a reader has a concise response. Best part:
"Your newspaper direly predicted "gunfights erupting in the streets" when the carry laws were improved to allow for a better right to self-defense outside the home a few months ago. Where are all those gunfights now? "
Permalink · media · Comments (0)
US Attorneys slap down Bloomberg
VCDL has the report.The Exec Office of US Attorneys informs the mayor that they will not prosecute any of the dealers he targeted, and warns that his engaging in "stings" without law enforcement authorization could jeopardize real operations and expose him and the city to liability.
The latter is pretty apparent. The dealers would have the defense that they didn't realize that the gun was going to the person who didn't sign the forms, but the buyers have no such defense -- they knew exactly that that was the plan. So there's no doubt that the buyers broke the Gun Control Act, and that those who set them to it were liable as aiders and abettors, not to mention on a conspiracy theory. I'd assume that Bloomberg and company (1) figured it was worth it for the publicity and (2) figured that the laws don't apply to the rich and powerful. They may just have been right on both.
Update: here's the NY Daily News story.
Permalink · antigun groups · Comments (2)
Out of action for a time
Not much blogging this morning -- off to the dentist to crown a molar and get three old fillings replaced.
How the elite sees life
The Harvard Crimson reports in shock that (1) a dog stalking a squirrel actually killed him and (2) there were two robberies on campus... one using an umbrella: "The idea of Harvard students being threatened with knives and umbrellas in the shadow of Widener Library is quite unsettling."
"This university is its own, insular community full of people who have been taught from nursery school not to hit and to use their words. We made it to Harvard, in part, because we internalized this lesson particularly well—we use our words a lot, and we are confident that others will do the same. When one of the victims of last month’s thefts was approached by his assailants, he told them, “I don’t have time for this.” "
Crook watches the wrong person
From the (South Carolina) State comes the story... robber accosts a couple getting into their car, pushing a gun at the man and demanding the car keys.
His lady companion whips a pistol out of the glove compartment and lets drive. Not the best marksmanship, but it was under pressure, and she pots the robber in the posterior.
He's arrested at the hospital, and turns out he's wanted in ten other armed robberies, and a car theft. (He also had priors for burglary, assault, and drug distribution).
I know a lady who hired out as bodyguard. She would advise a client who was particularly needful of protection to retain also a standard bodyguard, some young fellow with a burr haircut who walked with a military stance and looked very alert. Then she'd tag along behind. If anybody tried anything, they'd focus on the male bodyguard, and probably ignore the older woman trailing along behind them in a big frumpy hat and looking unconcerned. And not realize they'd turned their back on someone who had a .357 in her purse, knew how to use it, and had taken 2nd place in women's pugil stick competition at the Soldier of Fortune competition.
Continue reading "Crook watches the wrong person"
Permalink · Self defense · Comments (4)
ATFE investigating Bloomberg
Story here. Of course "investigating" is no guarantee of "doing anything to."
Another mayor withdraws from Bloomberg group
"I do support the efforts to strengthen laws and prosecute individuals who dispense or use illegal guns, and getting them out of the hands of criminals. However, upon further review of the coalition, it appears they may have a different agenda than I anticipated.
I am concerned the coalition is working on issues that conflict with the beliefs we share in Alaska about legal gun ownership, and I'm also concerned gun ownership advocates are not part of the full discussion within the coalition. We cannot afford to risk protecting our Bill of Rights and the rights of legal gun owners."
Permalink · antigun groups · Comments (2)
A worthy cause indeed
Project Bore Snake is looking for tax-deductible contributions to sustain its project of sending Bore Snakes to troops in Iraq and Afghanistan. If you know some, you can designate them as recipients. So far they've shipped over 10,000!
NSSF alert on Guliani
The National Shooting Sports Foundation has issued a statement regarding Guliani's candidacy and record.
Permalink · Politics · Comments (1)
Geo. Washington's writings on arms
From gunshowonthenet.com comes an extensive collection of Washington's writings on the subject of arms and arms-bearing.
Marion Barry proposes lifting DC handgun ban
File this under blizzard reports from hell--
The Washington Times reports that former DC mayor, and present city councilman, Marion Barry, has proposed lifting the city's handgun ban, and allowing an amnesty period for gun registration. Maybe it's a battlefield conversion: "Mr. Barry, who was robbed at gunpoint in his Southeast apartment in January 2006..."
Permalink · State legislation · Comments (5)
The Civil Rights struggle and the Deacons for Self Defense
A good posting at Townhall. I added a comment that the movie on it has already been made, of course (grin).
Permalink · civil rights struggle · Comments (0)
HSUS a major economic force
The Washington Times reports:
"Many people may consider the Humane Society of the United States a pussycat. But with 10 million donors and a $120 million budget, it is becoming a tiger among Washington's interest groups.
Just ask Maryland Gov. Robert L. Ehrlich Jr. (R) and Rep. Richard W. Pombo (R-Calif.). Actually, make that former governor and then-representative. The Humane Society targeted both in last year's elections after Ehrlich supported bear hunting and Pombo supported commercial whaling and trapping in wildlife refuges."
Why would a humane society care about hunting and trapping? Well, this isn't the place that runs your local animal shelters. It's a Washington political/lobbying force that just has "humane society" in its title. And happens now to be headed by Wayne Pacelle, who started out at Fund for Animals under Cleveland Amory, the original anti-hunting activist, and became national director of the group. As he explains, "We did a lot of work on wildlife issues,particularly against sport hunting, and we were also in the mix on a broad range of animal issues. We did a lot of field protests against hunting where we would walk with hunters and talk with them about hunting. And in the process they were seldom able to make a kill (the distraction and six people tromping with a hunter scared away the animals)."
And now he's got a $120 million budget to work with, which means that offering $75,000 to a state agency if it would drop a bear hunt is just pocket change.
Continue reading "HSUS a major economic force"
Permalink · animal rights and eco-terrorism · Comments (4)
Busy promoting the documentary
I was on Tom Gresham's GunTalk -- the podcast is here, did an e-interview on David Codrea's The War on Guns (Here's his followup post.
Here's a few reviews of the documentary:
From a bulletin board: "Everyone who cares about any of our "Rights" as US citizens should view this video. The intent, reason and defense of the 2nd Amendment is very nicely documented and explained. I am surprized about how little I knew about the 2nd Amendment and the other amendments relating to the "individual" right to keep and bear arms (and the right to carry them with you).... The best $25 I've spent in a long, long time."
From Sebastian: "he other positive thing about Dave's documentary is that it gets well spoken, educated individuals in front of the camera talking about a subject that many people wronly associate with ignorant and uneducated whack jobs. Don Kates is compelling discussing his civil rights background, and there is a lot of discussion about the unsung role that arms played in the civil rights movement. So if you have anyone in your life who is on the fence about the second amendment, or the subject of gun control, I would order them a copy of the documentary and watch it with them. It'll present the subject in a way they've probably never experienced, and might even get them to change their minds."
From Ivory Power: "I finished watching this a few days ago and must say VERY VERY GOOD! Highly recommended for people ignorant or confused about the Second Amendment and gun control. "
Maine Crossroads: " If you haven't ordered it yet, be sure to do so. It is an excellent film. It is too bad that a high quality educational documentary such as In Search of the Second Amendment isn't being released in theaters when Michael Moore's garbage documentaries have been released there."
Before I forget, here's the order page.
Permalink · documentary film · Comments (1)
Alphecca on guns and the next election
Alphecca has a good post on the issue, with notes that New Mexico's Richardson might be a Demo candidate solid on guns and on western issues.
Which tends to minimize his chances of getting elected -- I mean, it sounds as if a measurable portion of the Demo party is now finding Hillary too right-wing for their tastes. And of course the media has decided that the contest will be between her and Obama.
(Via Instapundit).
Permalink · Politics · Comments (0)
A first rate letter to the editor, in PA
This is first rate work. Short and sharp, doesn't waste words.
Steve Halbrook on Nazi gun laws
Steve has posted a pdf file, Nazism, the Second Amendment, and the NRA: A Reply to Professor Harcourt,” 11 Texas Review of Law and Politics 113 (2006). (pdf file) It's a reply to an article claiming that the Nazis had relatively mild gun laws.
[Update: typo caught and link fixed. I'd somehow put a period inside the link, which broke it. Thanks..]
Guliani dancing on second amendment
Captain's Quarters has the transcript:
"HANNITY: You inherited the gun laws in New York.
GIULIANI: Yeah. And I used them to help bring down homicide. We reduced homicide I think by 65, 70%. And some of it was by taking guns out of the streets of New York City. So if you are talking about a city like New York, a densely populated area like New York, I think it's appropriate. You might have different laws other places and maybe a lot of this gets resolved based on different states, different communities, making decisions. We do have a federal system of government in which you have the ability to accomplish that.
HANNITY: So you would support the state's rights to choose on specific gun laws?
GIUILANI: Yeah. A place like New York that is densely populated or maybe a place that is experiencing a serious crime problem like a few cities are now. Thank goodness not New York but some other cities. Maybe you have one solution there and in other place more rural, more suburban, other issues you have a different set of rule.
HANNITY: Generally speaking do you think it's acceptable if citizens have the right to carry a handgun?
GIULIANI: It's part of the constitution. People have the right to bear arms. Then restrictions have to be reasonable and sensible. You can't just remove that right. You got to regulate consistent with the second amendment."
OK, so he respects the Second Amendment ... and thinks New York City's gun laws are consistent with that. That's a firm position for you. The Bill of Rights protects this liberty -- but doesn't prevent putting the strictest and most arbitrary government permit sytems upon its exercise, if a state or locality (or presumably, the national government) thinks there is a need.
Permalink · Politics · Comments (20)
Bloomberg mayors' group
NRA has a webpage on it, listing who has joined and what a constituent can do.
And I am happy to report that not a single Arizona mayor has joined.
Instapundit roundup on 2nd Amendment
Glenn Reynolds has posted a great roundup of his, Don Kates, and Brannon Denning's second amendment writings.
Online intereview re: documentary
I'm doing a daylong (ok, part time) interview online at David Codrea's War on Guns.
Permalink · documentary film · Comments (0)
Great Britian: lunatics running the asylum
I posted earlier about the insanity over there, when convicted murders escaped from prison but officials refused to release their photos lest it violate their privacy rights. Now comes evidence that, yes, the inmates are running the asylum.
The Police Minister said that people who witness an attack in the street should 'jump up and down' while waiting for the police to arrive."
And to think I believed that Monte Python was fiction....
Permalink · non-US · Comments (3)
Great sniping tactic in Iraq
From Michael Yon, the courageous embedded blogger:
"Deuce Four has killed well over 150 terrorists in this neighborhood in the past 10 months. But almost none of those made the news, and those that did had a few key details missing. Like the time when some ISF were driving and got blasted by an IED, causing numerous casualties and preventing them from recovering the vehicle. The terrorists came out and did their rifle-pumping-in-the-air thing, shooting AKs, dancing around like monkeys. Videos went ’round the world, making it appear the terrorists were running Mosul, which was pretty much what was being reported at the time.
But that wasn’t the whole story. In the Yarmuk neighborhood, only terrorists openly carry AK-47s. The lawyers call this Hostile Intent. The soldiers call this Dead Man Walking.
Deuce Four is an overwhelmingly aggressive and effective unit, and they believe the best defense is a dead enemy. They are constantly thinking up innovative, unique, and effective ways to kill or capture the enemy; proactive not reactive. They planned an operation with snipers, making it appear that an ISF vehicle had been attacked, complete with explosives and flash-bang grenades to simulate the IED. The simulated casualty evacuation of sand dummies completed the ruse.
The Deuce Four soldiers left quickly with the “casualties,” “abandoning” the burning truck in the traffic circle. The enemy took the bait. Terrorists came out and started with the AK-rifle-monkey-pump, shooting into the truck, their own video crews capturing the moment of glory. That’s when the American snipers opened fire and killed everybody with a weapon. Until now, only insiders knew about the AK-monkey-pumpers smack-down."
Going on Guntalk just now..
Going on Guntalk now. Click on "listen" to get stations. Interview will be about the documentary.
Good day at the gun show yesterday
Saw a Remington 81, the old semiauto hunting rifle, in .300 Savage. Bright bore, only a few minor scratches on the metal. Got it for $280. From what I see, they go for more like $400+. It was a John M. Browning design, produced from 1936 to 1950.
I have no practical use for it ... haven't had time to go deer hunting in decades, and iron sights aren't much use in the desert, but just wanted one as a collector item. I know at least one expert who contends that Kalashnikov took the idea for his selector switch from its safety.
Permalink · Personal · Comments (2)
Egad...
A document from some place called the Institute for Social Policy and Understanding, whose website reveals little more than that it accepts grants and writes things. I hope it has a deeper understanding than this paper on gun control indicates.
The need: "The idea of terrorist cells operating clandestinely in the United States, quietly amassing handguns and assault rifles, and planning suicide shooting rampages in our malls..." If that's a worry, I'd find the thought of a few dozen trained CCW holders in the mall comforting. Especially if a few were IPSC competitors. I've seen some that could drop five opponents before the opponents realized a counterattack was underway.
"The right to bear arms, as enumerated in the Second Amendment, was meant for the maintenance of a “well-regulated militia.” "
"Today, only a handful of citizens outside of neo-nazi and white supremacist goups view gun ownership as a means of keeping the government in check." Gad, I never knew that Prof. Randy Barnett, Glenn Reynolds, former civil rights workers Don Kates and Joe Olson and I were neo-nazis.
"The war on terror has already taken an enormous toll on the First, Fourth, Fifth and Sixth Amendments..." So the solution is to let it take the same toll on the Second?
Update: JPFO has a pdf file responding to the matter at www.jpfo.org/dropguns.pdf.
Sheer insanity in the UK
Two convicted murderers escape from prison, and law enforcement refuses to release their photos, since they have "human rights" and pose "no risk." I swear, I am not making this up.
Permalink · non-US · Comments (5)
Economists probe question of NRA electoral power
Dave Kopel has a study by Christopher B. Kenny, Michael McBurnett & David J. Bordua, on the question of how much NRA endorsements influence elections. (pdf file) Among other findings:
In 1994, each 10,000 NRA members in a district was associated with a 5% vote gain for the candidate NRA endorsed.
Challengers benefitted more from an endorsement than did incumbents.
An endorsement helped a Republican contender more than it helped a Democratic one.
Permalink · NRA · Comments (1)
A hard hit at Philadelpha mayor
In the Philadelphia Bulletin. An excerpt:
"The mayor noted the additional "problems" more police would bring to the city. More police, for instance, would mean more arrests for an already grievously overcrowded prison system. This is already burdening the city with costs it can't afford in addition to more court costs for prosecuting the criminals.
Which means the mayor is not against crime or criminals. He does not want a safer city. He wants to save money. The easy way to do that is with another gun law-- which he will not enforce."
Permalink · antigun groups · Comments (3)
Bloomberg anti-cop?
The NY Press picks up on Cam Edwards' posting on the subject.
Here's a bit of detail: Daniel Enchautegui was an NYPD officer who was awakened by sounds of a break-in next door. He called 911, was told backup was coming. It wasn't. The 911 operator apparently did nothing.
He went to the scene, was fatally shot by the burglars, but managed to wound them both. His family is now suing the city, and the city is stonewalling attempts to get at the 911 tapes.
Permalink · antigun groups · Comments (1)
Electronic interview on right to bear arms documentary
I'll be doing one Monday, at The War on Guns. Here's his his discussion of the plan, and here's the documentary's webpage.
Speaking of interviews, on Sunday at 3:05 PM EST I'll be on Tom Gresham's Gun Talk. Here's a list of stations carrying it, or streaming online.
Permalink · documentary film · Comments (0)
Cranking out the paperwork
I was light on blogging the last few days, because I needed to get tax paperwork together. My law office is a one-man corporation, and my film distribution firm for the documentary a one-man LLC, which is the same as a simple proprietorship. But for the two I needed to get out:
Two quarterly federal tax withholding reports, and two quarterly state reports.
One federal and one state unemployment tax report (just in case I fire myself).
Federal form W-2 and W-3 for social security admin.
State annual report that tracks the W-2.
Monthly state sales tax for the LLC.
Two business property tax reports (quite detailed, even tho I have nowhere near enough equipment to be subject to the tax).
Then start getting all the data together for the corporation's income tax return and begin getting it for the LLC's return (which is part of my personal tax). Reconcile several hundred deposits and payments, etc., etc.
You'd think if the government wants to up the employment rate it'd make it easy to employ people! All this for a couple of one-man operations. I'd have to think seriously before I dreamed of hiring a second person and complicating everything.
Permalink · Personal · Comments (2)
The Bloomberg Gun Giveaway!
VCDL's Bloomberg Gun Giveaway gets some press.
An old joke
Just remembered something I circulated when I worked at Interior, representing Fish & Wildlife Service, which had a captive breeding project for condors. It got all the way up to Secretary Hodel, whom I'm told almost fell out of his chair laughing. It was a handwritten note, with the pen held clenched in my fist to make it look "crackpot." It read:
PLEASE PLEASE PEASE HELP ME.
I AM BEING HELD IN A GOVERNMENT LABORATORY, AND FORCED TO PERFORM SEX ACTS WHILE GOVERNMENT SCIENTISTS MAKE NOTES AND TAKE PICTURES.
PLEASE DO NOT THINK THIS IS A CRANK LETTER
A CALIFORNA CONDOR
Permalink · humor · Comments (0)
A nation of sheep?
Gates of Vienna has a discussion of a British event. It's in response to a Briton's statement that they don't want a gun culture, and the response is -- we don't want a culture of sheep.
The event in question involved a burglary of a doctor's house in Britain, and theft of three computers with priceless data. Police wouldn't even send an officer out, told him there was little chance of recovering anything. So he put up signs offering a reward for return, no questions asked. Police then had time enough -- to threaten to arrest him, because there is a law against offering rewards for return, with no questions asked!
[Via The Smallest Minority].
Permalink · non-US · Comments (4)
Castle doctrine proposed in Minnesota
The Pioneer Press has the story.
"Opponents say the measure has nothing to do with self-defense.
"The law is about posturing. It was written by people who want to make it look like they are tough on criminals," said Zach Ragbourn, spokesman for the Washington, D.C.-based Brady Campaign to Prevent Gun Violence."
Pot. Kettle. Black.