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August 2007
CeaseFire program has some fiscal problems
Millions spent without contacts signed, millions diverted into salaries, and other details like that. Third Power has the story.
Interactive database on CCW reciprocity
Permalink · CCW licensing · Comments (0)
Another case on "the government will protect you"
From the Burlington Free Press:
"A state trooper had no special duty to arrest a man who had sexually assaulted and battered his former girlfriend and continued to do so after the trooper left, the state's highest court has ruled.
Trooper Maurice Lamothe of the St. Albans barracks, responding to a domestic violence call on Nov. 18, 2002, saw marks on the victim's face but did not arrest the man later convicted of battering and sexually assaulting her, despite what Baker described Thursday as a "pro-arrest policy" in the state police manual. ...
After Lamothe, who Baker said is still a trooper in St. Albans, left the scene, the man beat and sexually assaulted the woman again; he did both things again after breaking into her apartment early the next day, the court said. ...
In a decision written by Associate Justice Brian Burgess, the court said there is a high bar for someone suing the state, because it is protected by a legal doctrine of "sovereign immunity."
The victim would have had to show gross negligence on the part of the trooper, Burgess wrote, and his failure to foresee and prevent further violence did not rise to that level.
"Ordinarily, the duty owed between strangers does not extend to controlling the conduct of third persons to prevent physical harm," he wrote. And while Vermont law calls on police officers to protect public safety, "the statutes create no special relationship between crime victims and law enforcement personnel." ...
[NB: at this, many if not most states would take an even broader view of sovereign immunity: you can't sue, period, whether it was gross negligence or not. But the second standard mentioned -- that a person has no duty to prevent someone else from committing a crime -- would rule out suits in VT even if gross negligence were shown.
A bit of personal experience is set out in extended remarks below.
Continue reading "Another case on "the government will protect you""
Permalink · Self defense · Comments (3)
New York TImes on instant check and.. the constitution
It's just what you might expect, but Instapundit draws attention to one remarkable gaffe:
"But that’s to care for them as human beings, under that other constitutional right — to life, liberty and the pursuit of happiness."
*Constitutional* right?
Permalink · media · Comments (5)
Interesting historical find
GunshowOnTheNet has an interesting historical find.
It's a proposal for constitutional amendments that would:
1. Provide for direct election of the President by popular vote;
2. Provide for succession should both President and VP be incapacitated (now covered by Amendment 25 (1967)).
3. Election of Senators by popular vote rather than by State legislatures (now Amendment 17 (1912);
4. Term limits for Federal judges.
What makes this interesting is that the proposal comes in 1868, from the unlamented Pres. Andrew Johnson.
Permalink · General con law · Comments (1)
Red's Trading Post on confirmation of ATF Director nominee
The Red's Trading Post blog has some thoughts on the nomination of Michael Sullivan for Director of BATFE.
Permalink · BATFE · Comments (2)
Problem in PA
PA's "instant check" system won't be very "instant" this weekend; it'll be shut down for upgrades Saturday, Sunday and Monday, meaning no PA dealer can sell a firearm of any type over that period.
And PA's dove season and goose season open Saturday....
Round up of yesterday's pitiful protests
Alphecca has a roundup. And they do appear to have been pitiful. In Seattle, two people who lay on the ground for 32 seconds before furling their banner and leaving. "About 40" in New York. Outside DC, a few dozen demonstrate, and can't even get a favorable story in the Washington Post.
Update: and on the same day, VCDL turns out over 100 in Norfolk, to protest an illegal arrest for open carry.
Permalink · antigun groups · Comments (0)
Soros group gets $775,000 fine
America Coming Together just got hit with a $775,000 fine by the FEC. It was one of those astroturf groups, supposedly a popular movement, in reality funded by George Soros and others, and financed at over a hundred million bucks.
All I can find at the FEC website is a pdf of the complaint. It was filed in 2004, and asked the FEC to dismiss it so a lawsuit could be filed to enforce it, pointing out that the election would likely occur before FEC could decide the issue. I gather FEC didn't dismiss it -- and so the decision comes three years after the election. Showing about how much good the system is. A few tidbits are in extended remarks below.
Hat tip to Bill Taggart....
Continue reading "Soros group gets $775,000 fine"
Permalink · Politics · Comments (1)
Lott on campus carry and mass slayings
Story here.
National Buy Ammo Day
David Codrea is inviting posts from those who bought ammo yesterday, and getting a better response than Brady or Jesse Jackson did!
Hat tip to reader Eric Schultz...
Guns on campus
Some time ago, the Utah Legislature enacted a bill forbidding public college campuses from restricting right to carry, the University of Utah sued in US District Court on a very weak theory, and lost.
This Salt Lake City Tribune article explores the policy issues.
Starting with: over the most recent five year period for which data are available, there were 23 gun related incidents on Utah campuses, of which 17 were BB or paintball guns. None involved threatening use of a firearm, and the only accidental discharge involved a BB gun.
Still, the University lobbyist worries, "When guns are present during tense, emotional times, "situations can escalate," Wirthlin said. "We worry about having that on campus.""
Roundup of dumb crooks
Let's see... should the criminal Darwin Award go to:
Francisco Torrez, who was arrested after checking into a hospital due to an asthma attack -- brought on by inhaling powder smoke after he shot at his intended victim. Or...
Daniel Clark, who attempted to disguise himself during a robbery by coloring his face blue. He fled, but when officers tracking him down, they had no trouble IDing him. Since he still had the blue coloring on his face.
Permalink · Crime and statistics · Comments (0)
Jesse Jackson: ATF is underfunded
Church of the Duke reports a Jackson speech claiming ATF is underfunded. (The example he cites is inspections: it would take 22 years to inspect all FFLs. Yet he also claims that 1% of FFLs account for 57% of traces. So why inspect all 100% if this is true?).
Third Power fires back an email, citing matters such as the ATF Director's posh suite, the Inspector General's report on his use of agents, etc.
Permalink · antigun groups · Comments (2)
A bit of hypocrisy...
Sylvester Stallone, a Brady Campaign stalwart, who's said ""until America, door to door, takes every handgun, this is what you're gonna have... It really is pathetic... We're livin' in the Dark Ages over there," turns out to have a CCW permit, issued by the celebrity-loving LA County Sheriff.
Oh, and listing four handguns that he will be packing.
And, interesting -- he answers question 9, has he been convicted of any offense in this or any other country, with "no." That was apparently true when he wrote it (2004) but a few months ago he plead to a charge in Australia that would qualify as a felony. The Supreme Court has ruled that foreign felonies don't count, California law may vary, but I'd assume this would be cause to re-examine his permit. Oh, I forgot, he's a celebrity.
Hat tip to Joe Olson...
Permalink · antigun groups · Comments (8)
Great dumb crook story
Police are arresting a drug dealer in his apartment, when a fellow wanders in and asks a detective (who is wearing his badge) if he can score some meth for him. He manages to overlook, not only the badge, but that the room is full of police and the dealer is handcuffed on the couch.
While arresting him, another fellow arrives with seven baggies of meth.
(If the story is correct, it sounds like Eugene OR police are rather jaded about such, since it describes them as issuing a citation to the dealer and as stopping answering the door at this point).
Pamphlets on the Constitution
GunShowontheNet has uncovered a collection of articles and pamphlets written during the ratification period.
I find one by Tench Coxe interesting (if only because I knew of his other writings, but not of this one): "If a time of public contention shall hereafter arrive, [18] the firm and ardent friends to liberty may know the length to which they can push their noble opposition, on the foundation of the laws. Should their country's cause impel them further, they will be acquainted with the hazard, and using those arms which Providence has put into their hands, will make a solemn appeal to “the power above.”"
"The militia, who are in fact the effective part of the people at large, will render many troops quite unnecessary. They will form a powerful check upon the regular troops, and will generally be sufficient to over-awe them..."
He also notes that Madison himself praised the article.
And here's one by Alexander Contee Hanson, who sat in the Md. state convention. "If indeed it be possible in the nature of things, that congress shall, at any future period, alarm us by an improper augmentation of troops, could we not, in that case, depend on the militia, which is ourselves. In such a case it would be ridiculous to urge that the federal government, is invested with a power over the whole militia of the union Even when congress shall exercise this power, on the most proper occasions, it is provided in the constitution, that each state shall officer and train its own militia."
Tommorrow....
Tommorrow, the 28th, Brady Campaign has a variety of things going. It' s the anniversary of Martin Luther King's great "I have a dream" speech. Exactly what that has to do with gun control isn't entirely clear. Especially since the first American gun controls were aimed at disarming blacks (the Slave Codes before the Civil War, the Black Codes after) and, one might observed, present-day efforts seem to have much the same purpose, just this time left unvoiced. ("Strict gun control will reduce murders in the black community" is a nicer way of saying "if blacks are disarmed, things will be more peaceful.").
Anyway, Brady Center and Jesse Jackson are hosting protests against illegal guns. Though I wonder how you protest against illegal guns. The guns probably won't notice. And if they are illegal guns, they're already illegal, so what is there to protest about? Perhaps an amnesty to make them legal? In Contra Costa, the Brady chapter is having a lie-in (you'd think they'd have found a different name for it) to support a California microstamping bill.
David Codrea has a counter: declaring tommorrow buy a box of ammo day. I like the idea, since on my budget that's a lot more affordable than a buy a gun day! He's been blogging a storm, BTW, on gun shops that are getting aboard and offering discounts on ammo that day, and on a Democrats for the Second Amendment rally that day in Dallas.
Dealer records and registration
Red's Trading Post blog has some thoughts.
So does Clayton Cramer. For background, FFLs primarily rely on paper records (which have high potential for error, as a serial no. and other data is transcribed by hand), one factor in this being that ATF only allows computerized records if it has approved the software, and very few such systems have been approved. As Red's points out, the approved systems are by no means cheap. The reason for approval is, I assume to make sure that it's hard to go back and alter entries. I suspect the standard used is something close to "impossible to alter entries," which may be overly strict (you could alter hard copy at the cost of maybe an hour's work, remove the spiral binder, do a new handwritten page, substitute, restore binder, substitute new 4473, etc.).
Crime in Britain
From the Times Online.
"Sawn-off shotguns are now being sold for as little as £50, and handguns for £150."
Hat tip to Joe Olson...
Permalink · non-US · Comments (0)
Calif proposes lead bullet ban in condor areas
California Fish & Game Commmission is today weighing a proposed ban on lead-cored bullets, for deer hunting, in condor range (a large part of the state).
I know a biochemist who is flying there to testify. One of his views: lead may be a problem to condors because of a dietary deficiency. They're scavengers, and their beaks are powerful enough to tear tissue not to crack bone. As a result, they're calcium deficient, and calcium deficiency makes an organism exceptionally prone to lead poisoning.
The old media
A commentary on the MSM and the gun issue.
Here's the paper to which it refers. (pdf)
Permalink · media · Comments (0)
Old West homicide rates
An interesting historical discussion at the Volokh Conspiracy.
Great slow-mo videography
In a British antigun commercial.
Great slow-mo videography
In a British antigun commercial.
Karl Rove's parthian shot
I say this is Rove's greatest move yet: make Cheney president, establish a conservative military government -- and do it all at the instigation of the Left, and with the endorsement of the Huffington Post.
"Rove was a genius," they'll mutter while watching endless O'Reilly Factor re-runs in the re-education camps, "an evil genius."
Via Instapundit....
[OK, just for the record: I do not really think that Karl Rove set this up to make Dick Cheney a military dictator with the approval of the Huffington Post, nor that the left should be sent to re-education camps, or that, if they were, they should watch endless re-runs of the O'Reilly Factor. Even in a military dictatorship, some limits of decency should apply.
Permalink · Politics · Comments (5)
Good to know the DC handgun ban is working
From the Wash. Examiner:
"The District of Columbia has had seven homicides in four days, the most since last summer, when a spate of 13 homicides in 11 days launched a months-long crime emergency."
Understand, this is jurisdiction of around 500,000 people, i.e., a little smaller than Tucson, much smaller than Phoenix.
New Army sniping rifle
It's a variant of the SR-25 semiauto. 7.62 NATO, and quite accurate (.65 MOA average, I assume firing standard match ammo). Capable of carrying a suppressor, which has proven useful in the past.
Permalink · shooting · Comments (5)
John Edwards and straw man transactions
Story here.
(To be fair, there's no indication that Edwards knew he was the beneficiary of a straw deal -- that is, it sounds as if the donor knew very well that he was setting up thousands of dollars in straw donations, but at least just now there is no indication that Edwards knew of the arrangements.).
Via Instapundit...
Permalink · Politics · Comments (2)
Ted Nugent gives considered opinions on '08 race
Since this IS Ted Nugent, I suppose a "strong language" caveat would be superfluous...
(UPDATE, Sat. morning: Jim W.. had a comment that was blocked by the spam filter for some reason, so I added it in extended comments below).
Continue reading "Ted Nugent gives considered opinions on '08 race"
Permalink · Politics · Comments (13)
Antigun official in hot water
Miami police chief John Timoney is in hot water. Again. The latest allegations are that he accepted free use of a luxury vehicle from a car dealership, while also drawing an allowance from the city for use of a personal car. The FOP, which doesn't care much for him, is calling for a vote of no confidence. (One of the things that may have them upset is that he reportedly fired a female officer for being married to a convicted felon, conflict of interest and all that, while he keeps his own job despite his son being a convicted felon).
He was pretty much a Brady Campaign poster boy. He endorsed Brady Campaign's opposition to liberalizing self-defense, calling it "unnecessary and dangerous", proclaimed that if the assault weapon ban expired, "We will see a return to the horrific violence that plagued our streets during the late 1980s and early 1990s.”", etc. (last file is a small pdf).
Permalink · antigun groups · Comments (4)
MO abolition of purchase permit soon to take effect
Tuesday, to be precise. It had been a requirement since 1921.
Permalink · State legislation · Comments (2)
Rock and rolling
Danish troops in Afghanistan rock and roll with a recoiless rifle and a .50 M2. (I don't have time to look it up, but I think they're using a Swedish recoiless rifle.).
More "no tolerance" = "no brains"
A Chandler AZ 8th grader has been suspended for drawing a crude doodle of a ray gun. That's all -- just doodling it.
"Chandler district spokesman Terry Locke said the school is not allowed to discuss students’ discipline records. However, he said the sketch was “absolutely considered a threat,” and threatening words or pictures are punished."
Ah, things have changed since I went to school under the Old Nuns. You could have sent one a specific death threat and she would never have acknowledged it. That would be wimpy. She would have torn your arm off and beaten you to death with it, then called upon God to raise you from the dead so she could repeat the experience. It would be like spitting on a USMC drill officer, except that the DO only *thinks* he has a direct pipeline to God, the Old Nuns were 100% certain of it. And one experience, which I may relate someday, suggests that that belief was not totally out of line. Let's just stay these were women about 5'2" high who (a) knew what you were thinking at every second; and (b) held absolute moral dominance of you; and (3) could, if you go too far out of line, beat the holy living __ out of you and otherwise call down consequences you would not even want to think about.
By today's standards, of course, they would have wilted our fragile egos. In reality, they taught us well, turned sociopathic little snots into people who behaved with decency and respect, removed most worries about bullies (a bully would usurp their roles, and would get the most severe of punishments) and in short trained us very well to live in a world in which nobody would be kissing our precious posteriors.
Novel non-gun crime
From the BBC:
""The defendant pointed the vibrator in the bag at Mr Vakani and warned him to back off," said Tim Palmer, prosecuting."
Hat tip to Budd Schroeder...
Permalink · non-gun weapons · Comments (3)
Brady Center on Parker Circuit ruling
They've posted their response here.
Hat tip to Joe Olson.
Permalink · antigun groups · Comments (3)
Unusual defensive gun use
Two pit bulls enter house thru a doggie door, maul a sleeping woman, who tries to shoot them (it's unclear whether she shot and missed or otherwise acted) and eventually escapes. Story here.
Hat tip to Don Kates.
Permalink · Self defense · Comments (3)
Interesting debate in Kennesaw
Kennesaw GA just rescinded its ban on guns in parks, citing the state pre-emption law, after GeorgiaCarry.org filed suit.
The original ordinance strikes me as rather anomalous since (1) this IS Kennesaw, after all, and (2) GA requires a permit to carry openly or concealed, so anyone lawfully carrying in a park would have had to get a permit and background check first.
Here's the website for GeorgiaCarry.org.
Permalink · State legislation · Comments (1)
Fred Thompson on NY gun laws and suits
Right here.
Permalink · Politics · Comments (1)
2006 ATF trace data
The 2006 ATF firearms trace date is online. (Well, it WAS online. I just refreshed the page in the browser and now it shows as "not found on this server." Ah, now it's up again.).
Of course the data for NY, MA, etc. will be spun as proof that criminals are buying guns in other states and importing them.
But it also shows that the *average* time between first sale and the trace being run, nationwide, is in excess of ten years. So if there are criminal networks, they must drive very slow automobiles. The simple fact is that over a period of a decade, firearms and firearm owners move around. (Remember the trace is only to the first retail sale, and stops there. So a firearm sold in Virginia to a Virginian in 1990, who moved to New York in 1992 and stayed there for 15 years, would still show as "traced to Virginia" It would show the same if the fellow's gun were stolen after he'd been in NY for ten years and then traced).
I took a look at data for Arizona. There's no reason anyone would buy out of state in order to get around strict laws on buying guns: we have none. No registration, no permits, no gun rationing.
Data for Arizona: 234 guns traced to California, which has stricter laws than we do. 102 traced to Texas. 76 to New Mexico, 60 to Colorado. 37 traced to Pennsylvania. The simple fact is that guns and gun owners move around, especially in the passage of a decade or more.
Of 9000 traces, the largest category is "other" at 2,700, which I take would mean recovered stolen guns, etc. 767 are "found firearm," 900 "health and safety," whatever that means, and 2,500 were for weapons violations of some type. Homicides were 442 and agg. assault 630, while drug offenses accounted for 900.
Then take a look at NY. 11,000 traces: 189 in connection with a homicide, 321 with robbery. Almost all the other 10,500 are traced in connection with a gun law violation, but not for use in crime.
Oh-- as a comment notes, Virginia traced 26 firearms to New York! And almost 10% of New Hampshire traces came from Massachusetts! This is obvious proof that Virginia and New Hampshire criminals are taking advantage of the law guns laws in New York and Massachusetts. In Vermont (where they don't even have a CCW law), ten guns (7% of its traces) traced to NY or MA.
A quarter century ago today...
On August 21, 1982, I was going down the aisle with Frances, who died in 2003. If you'd like to see what Wayne LaPierre (my best man) looked like 25 years ago, check out the wedding pics, here. Her memorial page is here.
NRA memories: Neal Knox had been fired as head of ILA a few months before (in May, I think, right after the annual meeting). Harlon Carter (who's also in the wedding photos) was EVP. Jim Featherstone (now deceased) had been replaced by a new General Counsel, Mike McCabe (also now deceased). Wayne was head of Federal Affairs; the new (and disasterous) head of ILA was Warren Cassidy.
Permalink · Personal · Comments (4)
A bit of comparison
The real killer: iatrogenesis, which kills about 225,000 Americans a year. (That's the Greek-stemmed word which denotes death caused by health care).
British knife crime skyrockets
Times Online reports that knife robberies have more than doubled in two years, robberies overall increased by nearly 50% over the same period, and the government is responding by increasing the sentences for carrying a knife in public.
Permalink · non-US · Comments (5)
University policy: if a gunman offers you his gun, refuse it
Discussion at the Volokh Conspiracy. This is pretty insane, even for academia.
The faculty manual at Virginia Tech covers situations where a gunman offers to hand his gun to a faculty member.
It instructs the faculty member to reject it: "Never attempt to disarm or accept a weapon from the person in question. Weapon retrieval should only be done by a police officer."
Check the comments. I turns out this is apparently a boilerplate provision at a lot of universities.
The BitchGirls blog is back and running...
Bitter wound up as the sole blogger at The BitchGirls (whose name started out when someone accused them of being gun toting just thats), and last week was opining that she couldn't carry the load alone. Then a legal blogger (henceforth Legal Bitch) signed up to share the load, and the blog is back in action.
One of the topics is a DC Circuit decision to the effect that a terminal cancer patient, with no medical options left, has no right to receive anticancer drugs with doctor's approval that are only partway through the FDA approval process (proven to be safe, not yet proven to be effective). There was an interesting dissent, pointing out that the courts have recognized (unenumerated) constitutional rights to marry, to engage in various forms of sex, to obtain an abortion from a physician, etc., yet here is a ruling that we don't have a right to try to stay alive, with medical approval, while hurting no one.
Machine gun captured by Sgt. York may be destroyed
Armed and Safe reports. The problem is that a member of his company shipped it home to Nahant, Massachusetts, long before NFA was enacted, and it wound up in the library's attic, only to be discovered recently. And, of course, never registered.
The simple solution would be for a legislator to put on a rider allowing it to be registered. But this is Massachusetts, and apparently no one in the delegation cares a bit. If anyone knows of a friendly legislator who might do the deed, I'd suggest bringing the story to their attention.
Here's press coverage of the matter.
Hat tip to Mike Menkus...
Unusual result at a "gun buy-back"
These can generate enough problems (stolen guns, NFA guns, etc. turned in), but have the benefit of letting shooters get $50-100 for all the broken klunkers in their closets. But one program in Florida was surprised when a guy turned in a ground-to-air missile launcher.
(It's not clear from the story whether it was live, with missile, or not, but the statement that he'd tried to ditch it at dumps and was turned down suggests that maybe it was. In accord with the announcement that no questions would be asked, he got his sneakers and left).
New pro-gun blog
Scott Bach, NRA Director and VP of NJ Rifle and Pistol, has a new blog online at, of all places, the NJ Ledger site.
New Orleans seizures
"If they ask you, 'Why does anyone need to own a gun?' Remember New Orleans.
If they say to you, "Why does anyone need a high-capacity magazine?" Look them straight in the eye and say: Remember New Orleans.
What's wrong with a 15-day waiting period? Remember New Orleans.
What makes you think the government would ever confiscate your gun? Remember New Orleans.
Is the second amendment relevant in the 21st Century? Remember New Orleans."
Debate on originalism
There's an interesting debate (actually, the high points of a debate) on originalism over at the Volokh Conspiracy.
Permalink · General con law · Comments (0)
Shooting course for ladies in Sierra Vista AZ
Here's the story. I'm told, BTW, that they're seeking loaner guns, or donated ones, or perhaps an FFL who would sell them at a discount.
NY Post on Corzine and student murders
The NY Post gets it. In NJ, the governor reacts to the execution-style murder of three students with a call for additional gun control.
The Post asks... why was the alleged killer on the streets, when he:
1. had been arrested Oct. 1 and charged with felony agg. assault. Bail set, then reduced, and he bonded out.
2. Three months later, apparently while still on bail, he was charged with *ten* counts of aggravated sexual assault on a child, 5 counts of sexual assault on a child under five, and some other matters. Bail set and met (the article says he posted $150,000 bond, which makes me wonder if that is correct, as this wasn't Bill Gates).
3. In May he was arrested for six counts of agg. sexual assault on a child and four counts of sexual assault on a child aged 4. Uh -- something of a pattern here? And doing it while on bail? Bond set at $300K, but a judge consolidates it with his other child molestation case and rules that the bond already posted suffices, so he gets out.
4. Oh, and he's an illegal immigrant to boot, so there might be just a tiny flight risk, considering that if convicted he'd probably face about 1.5 million years in prison.
This is one of those cases where you hope it's all due to horrendous corruption. That's the best case. Worst case is there was no corruption, this is how the NJ courts function in the ordinary case.
Hat tip to Budd Schroeder.
The musical mercenary...
Sean McFate, formerly an 82nd Airborne officer, presently a military "consultant" ala Colonel Brown, and lover of classical music, has gotten an interview with NPR.
In the interests of improving cultural diversity, I'd encourage folks to listen to it, then give NPR your feedback. (Tip: click the button for NPR Program, then from the pulldown menu select "Weekend All Things Considered." Make sure it's the weekend edition.
Here's his blog, BTW.
False flag operation in Canada
Angry in the Great White North has a report. A "grassroots group" that is actually run by political officials.
Hat tip to Bill Bailey.
Permalink · non-US · Comments (2)
Executive Order on hunting
Text, from White House (it hasn't made the Federal Register yet) here. It may have a beneficial effect, although it lacks teeth (requirements for findings on each rulemaking, or periodic reports from each agency, that manner of thing. Some EOs get agency attention, some are a lot of work to comply with, and some are just admonitions that an agency can ignore).
Wyoming appeals ruling vs. BATF
Story here.
Essentially, Wyoming treats DV convictions as do many states. A person can later apply to have the conviction "expunged." If the court grants it ... well, lotsa times in the law the law does one thing and the reality is another. The court issues a ruling saying the conviction is set aside and expunged. But the conviction in the files isn't torn up, nor sealed. And if the person is charged a second time, it can be cited to prove this is a second offense. This arrangement, BTW, is quite common.
GCA 68, as modified by the 86 amendments in FOPA, says a conviction doesn't count if it has been expunged or set aside. ATF's position is that the statute and its history doesn't define "expunged," and if a conviction is still on file and has legal effect, then it ain't expunged. Wyoming position is that the purpose of FOPA is to make state law govern a state conviction (as it did not prior to 1986) and the statute, and the court orders, say "expunged."
For my money (and I actually had a role in drafting that part of FOPA, not a big role, Jim Featherstone did most of it but he's dead and can't be asked) -- the parties ought to research the history of expungement as it existed while the statute was being debated (1979 or 1980 to 1986). As I recollect, the first big expungement proceeding at that period was the Federal Youth Corrections Act (sort of like federal juvenile court, but extending up to age 25, I think). Some national body had recommended that states adopt similar provisions, and they were starting to do so at this time. So, to my mind, if the state statutes of that period paralleled those of Wyoming, then that's the background in which Congress acted, in which expungement either did or did not mean completely wiping out the record and nullifying all legal effects. I haven't done the research and don't know what the answer would be.
Permalink · prohibitted persons · Comments (0)
New trial granted in NFA case
Here's the ruling, as a small pdf file.
One gets the impression the court was a bit put off by ATF. (1) The raid was without any basis. Defendant had been an NFA dealer, and when he went out of that business, transferred an NFA gun to himself. At trial, the US Attorney conceded that was entirely legal. ATF either didn't notice the transfer, or claimed it was illegal in some other way. (2) The court cites an ATF advisory letter which clearly suggests that the count upon which defendant was convicted was without basis.
Basically, he had two shoulder stocks for pistols, and two pistols that would take them. One was a registered full auto pistol, for which the stocks were perfectly legal, and one was an ordinary semiauto pistol -- which, if a stock were attached to it, would be an NFA short barreled rifle. The court cites Thompson-Center for the proposition that possession of a set of components that could be made into a short barrelled rifle is not improper if it has "obvious utility" for also making non-NFA handguns or rifles. This is rather the flip side of that: the components had obvious utility for making a registered NFA firearm.
Permalink · National Firearms Act · Comments (8)
NH case on standard of review
Bleiler v. Chief, Dover Police Dep't, No. 2006-426 (N.H. 07/18/2007). Don't have the Westlaw. I'll put the important text in extended remarks. Basically, the police chief revoked his CCW permit. Basis was that while he was talking to the City Attorney, he had taken the gun out and laid it on the desk as a prop while he told a story about having been threatened by organized crime types. An evidentiary hearing found that he had been reckless and lied to the press about it (hmm? First Amendment?).
The NH Supremes note there is a State constitutional right to arms: "All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state." They then proceed to consider what standard of review to apply. The contentions were (1) this is a fundamental right, and thus strict scrutiny is applicable or (2) the right specifically to carry concealed is not fundamental, so rational basis applies.
The court finds that it is a fundamental right, but declines to apply either strict scrutiny or rational basis. It cites to cases involving election laws (which are REALLY squirrelly: if the burden imposed is minor, straight balancing applies; if it is significant, strict scrutiny does). It then concludes that the limit on CCW is not a significant impairment, since open carry is still allowed.
Continue reading "NH case on standard of review"
Weinstein lets NYC suits against dealers proceed
Not to say it shows a tiny bit of bias, but the AP release begains "A federal judge ruled Wednesday that more than a dozen out-of-state gun dealers have helped criminals terrorize New Yorkers and now must face the city in court."
UPDATE: how do all these suits wind up in front of Weinstein, when every federal district court I know of has random assignment of judges? I once talked to one of the manufacturer's defense lawyers, and he said that in one case they were served with the usual summons and complaint, but not with the cover sheet that has to be filed with them. When they did get the cover sheet, it turned out that plaintiffs' attorney had claimed (falsely) that Weinstein was already hearing a related case ("related" under the rules requires something more than "another case against a gun manufacturer"). The defense raised an objection, which Weinstein denied.
He told of some other wierdnesses in the case. E.g., at the end of plaintiffs' case, the defense moved to dismiss it as insufficient in a legal sense. The judge stated that yes, their legal theory was insufficient, but they could have gone ahead if they had proven a different theory, which he outlined, and then said he was going to permit them to reopen their case to prove the approach that he had set out.
Permalink · Gun manufacturer liability · Comments (9)
NJ gets access to tracing database
Here's a story, and I suspect the bottom line is the reporter didn't understand what they were writing about. It sounds as if NJ entered into a memo of understanding that lets it have tracing data beyond the usual "you wanted a gun traced, here are the results." That's always been allowed (and the story implies this, but does not make it clear, perhaps because that'd undercut the Mayors' group claims that the Tiahart or whoever Amendment inhibits law enforcement).
I'd assume the MoU required NJ to guarantee that the data would be used for law enforcement and not for setting up civil suits.
Taser controversy
Taser is set to produce a lady's version, and the antigun police organizations (I wish they'd interviewed the pro-gun ones, such as Nat'l Sheriffs' Assn) are worried.
(Egad--one concern is that it might be used against police. Look, what's the advantage of a taser over a gun? It lets you capture a resisting individual alive. When was the last time an officer encountered a thug who wanted to capture him alive? And if we actually can find a criminal who is squeamish about killing a cop, and spends $300 for a Taser so as to avoid it -- what's wrong with that?]
I can remember when DC used to outlaw pepper spray and stunning devices (I think Boston still requires a permit to have the spray). Made you rather wonder whose side they were on.
Shortage of shooting ranges
The Rocky Mtn News has a story on how Colorado is trying to cope.
[Link worked when tested. Now replaced it and tested again. Just in case it fails, I'll put the text in extended remarks below]
Continue reading "Shortage of shooting ranges"
Brady Campaign & Jesse Jackson to protest
They're protesting something or other on August 28.
Permalink · antigun groups · Comments (4)
Followup on news story from Iraq
A comment on the previous entry noted that the "bullets" the Iraqi lady is holding appear to be, not only unfired ammo, but civilian unfired ammo. To get a better look, I enlarged their image 400% in Photoshop, then scanned in some military ammo (too lazy to take a good photo just now) beside it.
When a cartridge is manufactured, the neck and shoulder are annealed (heat treated). It leaves a visible discoloration, ranging from a lighter yellow to a silver shade, with bands of purple. (The neck of the military round isn't clearly visible, due to using a scanner, but it has the effect, too). Civilian ammo manufacturers don't like the look and polish it away. The military doesn't care and lets it be. The rounds she is holding certainly look like civilian ammo to me. But where would she get it and why? Possibly there's civilian 5.56/.223 floating around Iraq. The other possibility is that the "stringer" who took the picture picked some up as a stage prop.
Permalink · media · Comments (13)
Iraq news story
The Autonomist has the tale of an AFP news story from Iraq. As he notes, the illustration shows that the reporter, and all the editors who looked at the story, had not the faintest idea about ammo.
Via Instapundit....
Satire meets reality
American satire: company supposedly makes bulletproof school backpacks, which get an NRA endorsement.
British reality: parents really are buying school shirts made of kevlar, to protect their kids against stabbings.
"Teachers are also demanding to be equipped with stab-proof vests to protect them from attack as they frisk pupils for knives and guns."
Permalink · non-US · Comments (5)
Safety tip
There are safe ways to load a handgun, and unsafe ways. One of the unsafe ways to load a handgun is while the deputy is trying to wrestle you to the ground.
Permalink · Crime and statistics · Comments (4)
Webpage for missing pensioners
It's posted by the Pension Benefit Guarantee Corp.. You can search a database of 32,000 persons whose pensions were assumed by that organization, but whom it cannot find. I'd assume in most cases the person's pension vested long ago, they moved on to new jobs, and forgot about it or died.
Nation of Islam threatens to sue NRA
Or at least makes rumbling, no, gurgling sounds to that effect.
Via Cam Edwards and Classical Values.
Chief proponent is a criminal defense attorney who says he is tired of defending people who killed other people, figures NRA is to blame and that that would give him standing to sue to challenge its lobbying. If I ever do shoot someone, I think I'll find a different guy to defend me. Like someone who has at least a vague idea of how the law works.
Wash. Times Op-Ed on the 2nd Amendment
Available here.
Gun permits in Mass. dropping
The number of gun permits in Massachuetts has fallen by 25% over the last six years and by 30% in Boston. And officials are rejoicing:
"While some law enforcement officials praise the decline, police, politicians and antigun advocates caution that there are still plenty of illegal guns on the streets... "Fewer firearms on the street makes life safer for everyone," said Robert F. Crowley, Quincy's police chief."
""We're pleased that the number of gun owners has decreased in our city, but the real issue is illegal guns, and we need more laws to deal with illegal guns in our cities," Mayor Thomas M. Menino of Boston said in a statement."
It also recounts the case of a 70 year old man who was denied a permit -- because at age 9, he was convicted in juvenile court of stealing a chicken.
Permalink · State legislation · Comments (6)
"Dodge City"?
The standard response to liberalizing CCW or allowing self defense is that it'll lead to "Dodge City" (which actually was rather peaceful compared to modern inner cities).
It's already here, as this Washington Post article illustrates.
Facts: a guy commits two murders, on the street, in front of dozens of witnesses. Despite offers of relocation and witness protection, only one will testify. The second murder, BTW, was of a witness to the first murder whom the perp thought (incorrectly) might be aiding police. Guy wins two acquittals.
The mother of the second victim starts investigating, and is warned her house would be shot up if she didn't stop. She stops and moves away.
At least in Dodge City you could shoot back. And in Tombstone, you could bring in John Slaughter, tell him to do what he had to, and you'll look the other way so long as he hurts only the bad guys.
Permalink · Crime and statistics · Comments (16)
Rising ammo prices
Dallas Morning News has the story. Time to oil up the reloading presses!
Permalink · shooting · Comments (7)
Article on Red's Trading Post and movie "The Gang"
Right here.
Permalink · BATFE · Comments (0)
Article on Red's Trading Post and movie "The Gang"
In High Country News. It reports that the owner of Red's is playing the movie to, literally, packed houses. It makes some errors (just got back from vacation, no time to list) and puts in a prof's rather antigun sociological observations.
Hat tip to Chas Clifton...
Permalink · BATFE · Comments (2)
On vacation...
I actually have the chance to go on a short vacation, so we're in San Diego, and blogging has been light. Will be back in action Sunday!
Now, THAT's a recordkeeping error!
While the government is out to revoke the licenses of Red's Trading Post and others for recordkeeping errors, it's lost track of 190,000 AKs and handguns issued to Iraqi forces.
Permalink · Gun Control Act of 68 · Comments (1)
An interesting perspective
Imprisoning gun-using offenders is the price of compromise to the Brady Campaign. At least it's good to know they don't actively oppose the idea:
"Gun control advocates have largely supported longer sentences as compromises in order to win support for gun control laws. Chad Ramsey, field director for the anti-gun Brady Campaign to Prevent Gun Violence, says his organization believes such "after-the-fact" laws can be helpful for that reason.
"As part of a broader package, we're not going to oppose things like that," Ramsey said. He added, however, "I don't think criminals go out there and don't commit crimes because they're going to get a slightly longer sentence.""
Permalink · antigun groups · Comments (7)
Contemporaneous uses of "Well Regulated"
Reader Denton Bramwell has compiled a (small) pdf research paper on uses of "well-regulated". It's well worth reading.
Permalink · Second Amendment wording · Comments (4)
Shotguns for the disabled
An interesting idea: the fellow in charge of NRA's disabled shooting program has created a shotgun for persons who have the use of only one arm.
Permalink · shooting · Comments (2)
4th Cir ruling on felons' possession in self-defense
It's under discussion over at the Volokh Conspiracy.
Permalink · prohibitted persons · Comments (3)
Funny video
One of those aw, &&^! moments with a .50 Browning.
Blogging will be light for a few days as I'm on vacation...
Just a reflection on the Browning Ma-Deuce. Here's a gun designed nearly 90 years ago, and still in use. Of course so is his 1911 design. And most of his others. American troops still use firearms he designed in the time of their great-grandfathers, or great-great grandfathers.
Permalink · humor · Comments (2)
More on the Oakland "Your Black Muslim Bakery" killing
Some more revelations on how far CA is sliding toward the British standard, where you cannot defend yourself, yet the government will not enforce its rules, either:
"Broussard, who also uses the spelling Brossard, was formally booked Saturday on suspicion of murder. He was already on probation for a robbery conviction in San Francisco, and also had a pending case on charges of assault with a firearm from a 2006 San Francisco incident. In addition, there was a failure-to-appear warrant out for his arrest in that case.
....
One of those arrested in the raid was Yusuf Bey IV, son of the bakery's founder, the late Black Muslim leader Yusuf Bey. Bey IV was booked Saturday on a $375,000 warrant out of San Francisco stemming from an incident in which he allegedly ran over a security guard at a strip club. His brother, Joshua Bey, and two others arrested in Friday's raids, are being held in connection with the July 19 kidnapping and assault of a woman."
So these guys are free to commit agg. assault while on probation for robbery, and to fail to appear (meaning presumably they were given bail) on that, to drive over security guards, etc.?
Funny story in The Onion
"Peace Activist Has To Admit Barrett .50 Caliber Sniper Rifle Is Pretty Cool".
Permalink · humor · Comments (1)
Self-defense in FLA
Story here. Florida isn't the safest spot to try a carjacking...
Permalink · Self defense · Comments (3)
Fairly insightful article in Boston Globe
I found it rather striking.
"Liquarry's accidental death June 24 brought familiar calls for tougher gun controls. Mayor Thomas M. Menino suggested the National Rifle Association was partly to blame."
But then
"Liquarry A. Jefferson probably didn't have a chance. His father was in prison the day the boy was born, emerging long enough from his manslaughter sentence to commit a string of armed robberies. His four half siblings were born of three different fathers, all gang members, and, currently, all inmates.... But the killing laid bare a much deeper truth about urban violence: Crime in many neighborhoods runs in families, where elders bequeath gang membership, drug abuse, joblessness, and brutality to their offspring like a toxic inheritance. In Grove Hall, police have said that 2.4 percent of the area's 19,000 residents cause most of the serious crime. Many of those people, police say, are related."
And even....
"A Globe analysis shows that in the final year of Liquarry's life, government agencies spent at least $314,000 on his family, about half for social services and government benefits, in an extraordinary effort to save the family, especially the children.
Besides the salaries for the battery of social workers who regularly called on the house, the public spending includes a subsidized housing allowance, food stamps, court-appointed public defenders, and the $56 paternity test that a judge ordered one of the fathers of Liquarry's mother's other children to undergo for an out-of-wedlock child with another woman.
The other half of the total went to the costs of prosecuting and imprisoning family members. Taxpayers spent an estimated $30,000 on a double-homicide trial for the father of two of Liquarry's half siblings in October -- he was acquitted -- as well as dozens, maybe hundreds of hours worth of police work on cases that involved family members. When the Boston Herald admonished the family last month for costing the public $10,000 in needless investigative work because Liquarry's mother, Lakeisha Gadson, falsely reported that her son had been shot by home invaders, police and social service officials knew the bigger story. The family had been tearing through $10,000 in public resources every couple of weeks for a long time."
Egad--this is the Globe?
Permalink · Crime and statistics · Comments (2)
California leaning the way of Great Britain
From the land of assault rifle bans, etc., comes the story of a newspaper editor murdered, apparently because he was working on a story critical of a Black Muslim bakery. One might wonder why the killers were so bold. Well,
"The police said the raid came after a lengthy investigation of other crimes, including two kidnappings on a single day in May, and two killings in July that occurred in the same north Oakland neighborhood where the bakery is located. The police had connected those crimes and put the bakery under surveillance before Mr. Bailey was killed. ... The bakery’s operators had been investigated by the police in the past. In 2002, the founder, Mr. Bey, was charged with rape, sodomy and lewd acts with a child under 14, stemming from accusations that he had fathered a child with a 13-year-old girl in 1982. Mr. Bey died of cancer in 2003 before his trial began.
In late 2005, several members of the group that operates the bakery, including the younger Mr. Bey, were charged in an attack at a small neighborhood grocery store, in which liquor bottles were smashed and other merchandise was destroyed. The attack was treated as a felony hate crime, the police said, because the store, which is owned by Muslims, had sold goods forbidden by Islamic law.
Lieutenant Joyner said that many residents of the neighborhood surrounding the bakery had been afraid of the Muslim group, whose members sometimes shot automatic rifles in the air in a show of intimidation. Other members of the group, the police said, flaunted their defiance of outstanding warrants on assault and gun charges."
Permalink · Crime and statistics · Comments (6)
If you like law or sausages...
... don't watch either being made. The House of Reps big fight over who won the vote the other night... here's the WashPo's rundown (I'd assume biased as usual) of what happened:
"Democrats appeared to have won the vote, but with the voting time apparently having expired, GOP leaders persuaded three Latino Republicans who had voted with the Democrats to change their votes. At the same time, Democrats say, five Democratic lawmakers who had voted with Republicans were scrambling to change their votes as well. With two of the GOP votes changed, Democrats gaveled the vote shut, 214 to 214, and declared that they had won. But the public tally showed that the Republicans had won, 215 to 213, just as the vote was declared for the Democrats. The official final tally was 216 to 212 in the Democrats' favor....[E]lectronic records on the vote disappeared from the House's voting system and on the House clerk's Web site."
One might ask why, if the time for vote had expired, the voting was still going on. And why, in those closing seconds or at most minutes, the GOP managed to persuade three members to change their votes, and at the same instant five Demos suddenly decided to change their votes as well.
I have a guess. It's not uncommon, on a controversial issue, for congressmen to make a private deal along these lines: "We five will vote against you UNLESS you come within five votes of winning. Then we'll switch and vote for you. You in turn will not criticize us to your members (or if deal is made with political party, will not hold it against us), if you don't get within five votes, since we would have sided with you except that it made no difference."
Advantage to legislators making that deal: if the motion fails, you voted against it, and those who opposed it will think you were on their side, while those who were for it won't hold it against you.
My guess is that the three Repubs and five Demos who suddenly were trying to change their votes had made deals like that. And cutting off the vote was timed for an instant when those in power *thought* the changes had made the vote go their way, but they mistook the timing a bit.
Welcome to Washington...
Permalink · Politics · Comments (2)
Aftermath of VA Tech
Story here.
1. A concert to "lift the spirits" unfortunately "would include the rapper Nas, who in one 1999 track chants, "Shoot 'em up, just shoot 'em up, what?" followed by whispers of "Kill, kill, kill, murder, murder, murder.""
2. The school establishes a Hokie Spirit Memorial Fund ... to fundraise. Its fundraising uses pictures of victims without anyone's permission. (At least it sounds as if some of the money may go to the victims, but the article is unclear as to whether it's for that purpose alone).
3. And some are asking for payments from the state government.
Another agency loses track of its guns
A surprise inspection of a Nuclear Regulatory Commission office shows it can't account for 15 of 17 issued guns.
A linked report tracks how the agency achieved armed law enforcement status despite the fact that no employee has made an arrest in the last quarter-century.
Hat tip to Dan Gifford...
Good news and bad news
Various media outlets reported yesterday that a military operation was underway to rescue Korean hostages held by the Taliban. The report turned out to be false.
That was the good news.
The bad news would have been that, if it were true, such reporting might have gotten people killed.
I guess the media just has to have its priorities....
Permalink · media · Comments (0)
More on LA Sheriff and CCW permits
I received from a reader a list of the 500 or so CCW permits that the sheriff of LA County has allowed. Just by way of experiment, I took the first name given for a holder in each municipality, and did a quick Google for them. Strangely, the occupations seem more associated with money and celebrity than with likely need for defense against crime:
Actor: 6
Producer: 3
Judge: 2
Private investigator: 2
Prosecutor: 1
Pvt atty: 1
Venture capitalist: 1
Musician: 1
Major business: 1
Nothing found: 4
Someone who researched the entire list says there are 135 issued to judges and 57 to attorneys (i.e., about 40% of the tota).
22 go to addresses in Beverly Hills, and 10 to Malibu which have virtually no murders, and other violence rates around half the national average. In Compton, which has a murder rate five times the national average, there are zero CCW permits. Same for Lynwood, which has nearly three times the national average murder rate. Basically, if you want a CCW permit in LA County, it's best to live in a wealthy area with a zero homicide rate.
UPDATE: the experience of one CCW applicant is in extended remarks below.
Continue reading "More on LA Sheriff and CCW permits"
Permalink · CCW licensing · Comments (6)
Thought re: Pizza Hunt
I've noted cases before where a Pizza Hut employee is fired after defending himself. The company policy appears to be that they will send delivery people into danger (if you stop to think about it, no one is in more peril of robbery than someone doing that job -- like a taxi driver, you have money and a criminal can summon you to any location, but with the pizza you have to walk up to the front door, too), but that if they dare do anything to protect themselves they will be canned.
Here's a story about one delivery fellow who was tied up, robbed, and stabbed to death -- but in full accord with company policy. Pizza Hut responded in true bureaucratic form, with a meaningless statement: "Pizza Hut issued a statement that stated driver safety is a top priority and is taken seriously among co-workers."
If anyone wants to let them know what they think, their customer satisfaction number is 1-800-948-8488, and here's their feedback page (but who knows if anyone but the webmaster reads it).
Permalink · Self defense · Comments (3)
LA county sheriff in the limelight
Newsweek has the story. The relevant part:
"The sheriff has issued concealed-weapon permits to such actors as Ben Affleck, and in 1999, less than a year after being sworn in, he set up an “executive reserves” unit that allowed celebrities to wear a badge and carry a gun. All they had to do was take 64 hours of training and pass the department’s background check.
Critics of the program, who said it was nothing more than a sly way for Baca to pay back friends and supporters, were incensed when, less than a month after the unit was initiated, one of those reservists—Scott Zacky of the Zacky Farms chicken dynasty—was stripped of his badge for drawing a gun outside his Bel Air mansion after mistaking a couple on a date for car thieves. The unit was suspended in late 1999 after one member, a wealthy Baca supporter who owns a jewelry store, was arrested for money laundering."
Here's video of the sheriff explaining that he's issued less than 500 CCW permits for the county, including those issued to retired federal agents, judges, and "victims of violent crime." It'd appear that to get one you have to be a campaign contributor, a public official, or already have been victimized.
New TItle II prosecution
David Codrea has a full report.