Judge Upholds California Gun Microstamping Law

Herschel Smith · 01 Mar 2015 · 13 Comments

CBS Sacramento: A federal court has rejected a challenge to California’s gun safety law, possibly paving the way for a requirement that new guns mark the bullets they fire so they can be traced. The ruling on Wednesday was a defeat for two gun rights groups that argued the Unsafe Handgun Act violated the constitutional right to bear arms. The law prohibits the manufacture or sale in California of any gun that doesn’t meet certain safety requirements. It was aimed at outlawing cheap…… [read more]

Canadian Supreme Court Rules On Firearms Registry

BY Herschel Smith
23 hours, 21 minutes ago

Yahoo:

Ottawa (AFP) – Canada’s high court struck a blow against gun control on Friday, with a decision that clears the way for the federal government to destroy data on owners of rifles and shotguns.

Ottawa ordered the database destroyed in 2012, but Quebec went to court to try to stop it, hoping to use the names of Quebecers on the list to build its own firearms registry.

The Supreme Court’s decision means that while Canadians must still obtain a license to own a gun, most will not have to disclose that they own a long gun.

Prime Minister Stephen Harper, a longtime advocate for the gun rights of hunters and farmers, said he was “happy” with this outcome.

But in Quebec, which also fought to maintain the national firearms registry created by parliament in 1995, there was disappointment.

The province pressed Ottawa to hand over parts of the database relevant to Quebec after the federal government shut down the national firearms registry three years ago.

But Harper’s Tory government refused, citing critics of the registry who complained the original had been an expensive intrusion on gun owners and should not be repeated.

Furthermore, the Tories argued, the registry did not help to stem crime.

With both sides refusing to yield and Quebec vowing to create its own registry from scratch, firearms regulations are sure to become a hot campaign issue in upcoming elections.

In a five-four split decision, the Supreme Court ruled that Quebec had simply failed to establish a legal basis for its claim to the data.

The court added that the disagreement over the fate of the information in the registry should have been negotiated in a political process, rather than adjudicated.

So here’s the scene.  The firearms registry is being done away.  Quebec wants the information, and this court case decided the issue.  Quebec doesn’t get it.  In the process, the Canadian supreme court looks a lot like the U.S. supreme court and other morons, and stipulated that in the future, the political process must be used to restrict God-given rights.  But it gets better.

Quebec Public Safety Minister Lise Theriault said the province would move ahead with its plans for a database of its own, allocating Can$30 million (US$24 million) for the project.

If the centralized government won’t help, they’ll do it themselves.  Sounds like New York or Connecticut, no?  But wait.  It gets even better than this.

Earlier this month, Harper earned widespread scorn over comments he made which seemed to wrongfully imply that Canadians have the right to shoot intruders.

“My wife’s from a rural area, gun ownership wasn’t just for the farm, it was also for a certain level of security when you’re ways away from police, immediate police assistance,” he’d told the Saskatchewan Association of Rural Municipalities on March 12.

Legal experts and the opposition pounced on the comments to suggest Harper had urged Canadians to take the law into their own hands.

“It’s vigilantism,” former Ontario attorney general Michael Bryant was widely quoted as saying.

“People are going to find themselves facing the criminal justice system and being charged with serious crimes if they decide to follow what the prime minister is suggesting.”

Rather than being a God-ordained duty, self defense is “vigilantism” according to Bryant.  The former attorney general of Ontario is a damn communist.  And the damn communists (and Harper’s Tories) notwithstanding, the reasons for ownership and bearing of arms goes beyond hunting and self defense (American “Fudds” also notwithstanding).  It also enables us to kill people just like them.  The extent to which Americans get that will be directly proportional to the liberties we retain in the face of men just … like … the … rulers … of … Quebec in the U.S., federal, state and local.

Hollywood Police Settle Brutality Case

BY Herschel Smith
23 hours, 59 minutes ago

News from Florida:

After the Hollywood Police Department declined to investigate his allegations of excessive force, Gozaloff filed a lawsuit claiming police brutality and false arrest stemming from the January 2008 incident.

In their reports, the officers alleged Gozaloff, now 54, became irate, ground his own face into the pavement and kicked at them. They arrested him on charges of drug possession and obstructing a traffic stop.

But after hearing the officers testify in the criminal case, Broward Circuit Judge Dale Cohen said he believed Gozaloff and dismissed the criminal charges against him in December 2009, court records show. “The court found Mr. Gozaloff very credible,” Cohen said. “The court believed his entire story.”

This month, Hollywood agreed to pay Gozaloff $240,000 to settle the lawsuit, city documents show.

City commissioners signed off on the deal privately in early March and are expected to give formal approval April 15 during a public meeting at City Hall.

Hollywood Police Chief Frank Fernandez and other city officials declined to comment on the case.

The federal lawsuit, filed in January 2012, accuses five officers of attacking Gozaloff in a “shark-like feeding frenzy.” The officers named as defendants are 12-year veteran Joseph Siple, 36; 10-year veteran Alexander Chang, 34; nine-year veteran Matthew Petty, 41; 18-year veteran Travis Schuller, 45; and 19-year veteran William Cash, 50.

The lawsuit accuses all five of filing false and misleading police reports and claims Siple planted a bag of Xanax pills on Gozaloff.

“Paul believes he was arrested because they thought he was homeless and wanted to get him off the street,” said his attorney, Javier Lopez. “One officer had a knee in his back while the other ones were kicking him. He was just taking the blows. He was never resisting.”

Gozaloff was posting campaign signs for presidential hopeful Rudy Giuliani around 3:30 a.m. on Jan. 27, 2008, two days before the Florida primary, when he encountered a cluster of Hollywood cops ticketing a driver near Johnson Street and State Road 7.

Worried the driver might be a homeless friend, Gozaloff pulled over to inquire. Gozaloff, who suffers from bipolar disorder, says the officers grew annoyed with his questions.

Thinking Gozaloff, admittedly unkempt, was homeless, the cops beat him, kicked him, ground his face into the pavement and stood on his knee and ankle, the lawsuit alleges.

His ribs were bruised and he had cuts on his head, knees and feet, he said.

Despite his injuries, the arresting officer took him straight to jail, bypassing the hospital, the lawsuit says.

Gozaloff said he spent a week in jail until his wife came up with $1,700 to post bond.

In police reports, officers gave contradicting accounts of what transpired that night, Judge Cohen ruled.

According to Siple, the arresting officer, Gozaloff screamed, “Why won’t you talk to me?”

Siple says Gozaloff refused to take his hands out of his pockets despite repeated orders. According to Siple, officers yanked Gozaloff’s hands from his pockets and found rolling papers and three burnt marijuana cigarettes. Siple’s report says he later found a baggie of 11 Xanax pills in Gozaloff’s shorts pocket.

Police also claimed Gozaloff slammed his own head into the pavement repeatedly and attempted to punch officers before he was “escorted” to the ground.

Gosh.  I hate it when that happens to me.  I remember the last time I couldn’t remember what I planted on people to get them in trouble.  I looked stupid and it cause my whole plan to fall apart.

San Francisco Sheriff’s Deputy Ring Pit Fighting Inmates

BY Herschel Smith
1 day ago

News from San Francisco:

San Francisco sheriff’s deputy Scott Neu is accused of leading a ring of corrupt jail guards who coerced prisoners into gladiatorial combat with threats of rape and violence.

Neu serves at County Jail No. 4 at 850 Bryant St despite having settled claims that he raped a woman prisoner and two transgendered prisoners while working at the jail. He sports a tattoo reading “850 Mob,” believed to describe the name used by the corrupt deputies to describe themselves. At least four other deputies are implicated in the program of sexualized torture.

The San Francisco Public Defender’s Office had undertaken an investigation into Neu’s behavior, in cooperation with an independent private investigator, and had planned to issue their report only after the prisoners who came forward were released and safe from retaliatory violence. However, Neu had reportedly planned a fresh round of fights, leading to a hasty release of their findings.

Neu and his co-conspirators gambled on the outcome of fights. One fight pitted the smallest inmate in the jail against the largest, and the fighters say they were threatened with rape and beatings by the guards if they didn’t spar. Neu is also said to have coerced prisoners into training for the fights with threats of rape and violence. Neu has a reputation for sadistic practices overall, including making prisoners gamble to receive their food, clothes and comfort items. Even when prisoners won the games Neu forced on them with the red dice and the deck of cards he carried, he would sometimes take away their “winnings” and give them to other prisoners.

The Deputies’ Union attorney Harry Stern claims the Public Defender is making a big deal out of nothing. He says that the prisoners were encouraged to “wrestle to settle disputes about who was stronger,” and were “encouraged” to work out. He dismissed the entire affair as “little more than horseplay.”

Gosh, I just hate it when that happens to me.  I remember the last time I forced men to fight at gunpoint in order to eat.  But I didn’t have that awesome Deputy’s union to help convince people it was all just in good fun.

Kids Or Not, Secure Your Guns!

BY Herschel Smith
3 days, 23 hours ago

The Salt Lake Tribune:

Your article (“To curb child suicides, Utah offers gun locks,” March 21) highlighted an important new safety initiative in Utah. We are proud that our Project ChildSafe program’s firearm safety kits are part of this effort, and we commend Rep. Steve Eliason, the Utah Department of Public Safety and the Utah Highway Patrol for taking the lead on this important issue. Their actions are a great model for other states to consider.

We also want to reinforce that firearm owners, regardless of whether there are children or at-risk individuals in the home, should store their firearms securely when not in use. Secure storage is the number one way to help prevent accidents, thefts and unauthorized access. It’s a simple, powerful step that is part of the responsibility of owning a firearm. If you own a firearm, respect it and secure it.

Steve Sanetti

President and CEO, National Shooting Sports Foundation, Newtown, Conn.

So let’s assume you have no kids in the home.  If you want to leave four handguns lying in strategic places around the house, coupled with a rifle and perhaps a shotgun, that’s your business.  To be individually responsible, every gun owner should be able to do the following: allow themselves to be blindfolded, start at the door, walk to every firearm he owns, touch it, and tell someone from memory whether it is loaded and whether a round is chambered.

That’s my personal view.  But I consider it none of my business what you do within the confines of your own home.  How may guns you have, where they are located, whether they are loaded, whether a round is chambered, etc., is your business and yours alone.  How you secure your weapons is up to you. After all, they are your property.

As for Steve Sanetti, you are out of line implying that if someone chooses to handle firearms his way within the confines of his own home, and his way happens to disagree with yours, he is irresponsible.  Making suggestions is okay.  Implying that people must do things your way isn’t.  And by the way, I don’t need law enforcement telling me anything about how to safely handle weapons.

The Second Amendment Creates A God-Given Right To Bear Arms?

BY Herschel Smith
4 days, 22 hours ago

MSNBC:

Asked about the Second Amendment at a town-hall meeting yesterday, the governor told voters, “Send me a Republican legislature. And with a Republican legislature you’ll have a governor who will respect, appropriately, the rights of law-abiding citizens to be able to protect ourselves…. No rights are given to you by government. All our rights are given to you by God.”
The theological reference was a bit odd under the circumstances. Even if Christie genuinely believes the Second Amendment creates a God-given entitlement to firearm ownership, it’s up to policymakers – humans, in positions of governmental authority – to shape and place limits on this right.

First of all, Chris Christie’s campaign is over.  It’s far too late to convince any legitimate gun owner that Christie would be good for gun rights.  Now that this point is out of the way, consider the way the reporter, Steve Benen, worded this objection.  “Even if Christie genuinely believes the Second Amendment creates a God-given entitlement to firearm ownership …”  How on earth could a man-made document create a God-given right?  What kind of ignorance and sophomoric thinking leads someone to make such intellectual missteps?

As I have stated, “The basis [for bearing arms] comes not from the constitution or any other founding document, but from God Himself, and he answers to no one.  His laws have a deontological flavor (see Divine Command Theory).  He refers to no one outside Himself for notions of right and wrong, and when He speaks, it is right because He has spoken it and it follows the nature of His character, which is itself good.  Simply said, God doesn’t need the constitution, and neither do we need it to tell us it is okay to seek and employ means of self defense.”

For the grand finale of embarrassing brain freezes, Steve believes that it’s up to humans to “shape and place limits on this right.”  God, to whom man answers and who is in need of no one and nothing (see the “Aseity of God”), and who demands obedience rather than demurral, apparently hasn’t spoken clearly enough for Steve, who believes that creatures have the right to amend the word of the creator!

And there you have it.  The much heralded main stream media, who wouldn’t be able to perform good analysis work if their lives depended on it.

David Codrea On The Acting ATF Director And Gunwalking

BY Herschel Smith
4 days, 22 hours ago

David Codrea:

Let me tell you something about ATF “gunwalking.” Did you know that if you go to Wikipedia, you’ll find no mention of either me or Mike, or our documented roles in breaking the story while imploring both Congress and the media to even notice it? Go ahead– go explore that last link for a few minutes and see all the reporting that was done before the rest of the media had written word one. Now find anything in that early reporting that later investigations did not bear out — notwithstanding discrediting attempts by those taking their talking points from the administration. Several people interested in a complete chronology of events have tried to change that, but their entries were always edited out within a day or so.

David goes on to explain why the acting director Brandon of the ATF is just as bad or worse than Jones.  Of course he is.  What did we expect from the organized crime gang of the Obama administration?  Go read all of David’s piece.

Now, I want to address some thoughts concerning the what David said (and I cited) above.  First of all, it has been said of bloggers that we live a symbiotic relationship with the main stream media.  We don’t do original reporting, original analysis, or anything approximating what the real media does.

I reject this notion with prejudice.  While it’s certainly true that much of what we link and analyze comes from the media, there isn’t a chance on earth that anyone in the media could have developed the theological case for guns and self defense I developed in Christians, The Second Amendment And The Duty Of Self Defense.  Nor would they have known where to go to get such an analysis performed.  On occasion I have conducted original interviews and documented and analyzed information no one in the media has done, and to date no one in the main stream media has thought to obtain information on gun crime in national parks after the law had been changed in 2010 through a FIOA request as did I.  Finally, the main stream media simply cannot accomplish the same kind of analysis performed by many bloggers.  If you think so, prove it.  We’re listening.

As for David Codrea and Mike Vanderboegh, they broke the story on gun walking into Mexico as conducted by the ATF.  That much is clear.  It’s also clear that they followed that story until its conclusion, and will continue so as anything else develops.  The fact that they didn’t get the credit for it only speaks to the ugliness of the main stream media.

I may be speaking out of turn, but I also know that David has sent his articles to other venues such as Drudge Report, only to find out that Matt Drudge waited until the stories were carried by the main stream media to report on them.  I have sent one or two links to Drudge, only to see some of my source information (with which I did further analysis) linked by Drudge Report.  Matt Drudge, for all of his claim to hold the main stream media accountable, is a fawning fan boy of the main stream media, and only wants himself to hold anyone accountable.  He worships the main stream media.

I’ve also logged dozens of instances where I’ve sent my links around to large bloggers, only to see my source information linked by those bloggers without attribution.  Dozens of times.  This is very bad form.  I know who you are.  I won’t mention names because it does me no good to pick fights.  But it matters for one simple reason.  Bloggers do this for the opportunity to advocate and persuade.  In order to do that, one has to have readers.  It’s as simple as that.

Whenever you can, forward important links to friends, contact and family.  You have the additional benefit that with David Codrea, you have both a legitimate reporter and a blogger (who as any blogger does more advocacy journalism and commenting).  Persuasion and truth-telling is the name of the game.  And if you don’t blog yourself, it’s always handy and welcome to have reporters who send you information that assists you in your blogging efforts.

Officer “Accidentally” Fires Gun On Junior High Campus

BY Herschel Smith
6 days ago

News from Texas:

ODESSA, TX — An Ector County ISD police officer accidentally fired his gun inside Crockett Junior High on Friday.

“It discharged into the wall of his office and then the bullet went up into the ceiling,” said ECISD Communications Officer Mike Adkins.

“His gun was wet, and he went back into his office and felt it would be an opportune time to clean it and make sure it was working,” said Adkins.

The school system is investigating the incident, and the officer has been placed on administrative duties.

“They want to know exactly what happened, how it can be avoided in the future and if there needs to be retraining done for our officer or even other officers,” said Adkins.

The owner of a business called Guns and Trades, Tommy Atchison, offered reaction on Monday.

Atchison said, “All guns should be acted like they’re loaded at all times.”

Gosh.  I hate it when that happens to me.  I remember the last time I shot up a junior high school while trying to clean my gun.  I didn’t pull the trigger either.  It just “went off.”  But everybody wanted to blame me.

Meanwhile, some folks in Texas are really glad those goober civilians who are about to be allowed to open carry will have to get training since a concealed carry permit is a requirement.  We wouldn’t want them to shoot up junior high schools.

Notes From HPS

BY Herschel Smith
6 days ago

David Codrea:

“A Navy veteran and his wife are challenging a ban on handguns in Saipan, arguing in federal court that the Commonwealth of Northern Mariana Islands is bound by the U.S. Constitution’s Second Amendment” … The right to keep and bear arms is only legally recognized as “conditionally guaranteed,” meaning it’s not. Private possession of handguns is prohibited. All the government allows people to have are “.22 caliber rifles and .410 gauge shotguns.” Naturally, “background checks,” training, licensing and registration are required.

Ridiculous.  A .410 gauge shotgun is good for certain small fowl that would be destroyed with a 20 or 12 gauge, but it cannot be adequately used as a self defense weapon.  Nor can .22LR (including so-called “stinger” rounds).  Of course, my bet is that law enforcement is allowed to have more than .22LR and .410 gauge shotguns.  Some animals are more equal than other animals.

Via Mike Vanderboegh, Army Rangers on civilian land in Georgia.

Back in June, Georgia ForestWatch District Leader David Govus came across two soldiers on foot and one in a pickup truck near Bryant Creek, a tributary of Cooper Creek. Talking with them, he learned that they were scouting out potential helicopter landing zones in the area because, as the sergeant said “the colonel wants to step out.”

[ … ]

In an apparently unrelated incident, I recently happened to be at Wilscot Gap, where the gated road to Brawley Mountain (FS45) begins, when a big pickup truck turned in toward the gate. I thought it must be Forest Service employees and went over to talk with them. But the truck was not a Forest Service one. The driver was not in military uniform, but the passenger who got out to unlock the gate, was. We had a brief, friendly conversation during which he informed me that, “This is a military road.” “No,” I contradicted him, “it’s a Forest Service road.”

This is very troubling.  The Marine Corps has trained before in various civilian venues such as Linville Gorge, and I’ve seen them doing cold weather training at Snowshoe, W.V., during the winter during ski season.  But they weren’t intrusive, and in my opinion this kind of thing ought to be the exception rather than the rule.  Military time on civilian land should be limited.  Recalling the line from the movie Patriot, “This ISN’T the King’s highway.”

Ban all guns:

But in hindsight I now wonder how did that young man get a gun?  Either he stole it, as I assumed, or he purchased it on the black market which exists all throughout America.

This got me to wondering and I realize now that guns are selfish and bring nothing productive to the conversation.

Therefore, civilian gun ownership should be banned.

I know.  You’re blown away by the power of his syllogistic reasoning.  Leave it to me to supply your intellectual challenge for the day.

Gun crime:

Investigators said the burglars took heirlooms, jewelry and cash. Most concerning for Lohmeier, though, are the 45 guns, which included 15 assault rifles. The burglars also stole 1,000 rounds of ammunition. In total, Lohmeier said the burglary cost him at least $200,000 in stolen property and money.

“The sheriff’s department said they’ve never seen anything like this and it had to take hours, so there had to be people watching,” Lohmeier said. “A crew that came in and did this.”

Insure your guns, fellows.  Just do it.  Make that call today to your insurance agent or broker, and get them covered.  Go ahead.  Do it … don’t wait.

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Army And Marine Corps On M855 Ammunition

BY Herschel Smith
1 week ago

Military.com:

But the Marine Corps and the Army’s decision to use two separate types of 5.56mm ammo is not a simple oversight.

The Army adopted the M855A1 in 2010 after years of struggling to find a lead-free replacement for the Cold-War era M855.

In recent years, troops also criticized the M855, saying it often delivered ineffective results on enemy behind battlefield barriers such as car windshields.

The M855A1 features a steel penetrator on top of a solid copper slug, making it is more dependable than the current M855, Army officials have maintained. It delivers consistent performance at all distances and performed better than the current-issue 7.62mm round against hardened steel targets in testing. It penetrated 3/8s-inch-thick steel at ranges approaching 400 meters, tripling the performance of the M855, Army officials said.

The Corps had planned to field the Army’s M855A1 until the program suffered a major setback in August 2009, when testing revealed that some of the bullets did not follow their trajectory or intended flight path.

The earlier design of the M855A1 featured a bismuth-tin slug which proved to be sensitive to heat, prompting Marine officials to stick with the M855 and also the Special Operations Science and Technology round developed by U.S. Special Operations Command instead.

Commonly known as SOST ammo, the bullet isn’t environmentally friendly, but it offered the Corps a more effective bullet, Marine officials have said.

I confess that until this article I didn’t know that the Army and Marine Corps were using two different types of ammunition.  If I’m not mistaken, the SOST is an open tip bullet with a lead core and copper shank.  It expands much like a hollow point should.

Saying that the better penetrating capability of the M855A1 through car windshields was the reason for transition from M855 to the M855A1 (with copper slug instead of lead) is like a recapitulation of the reasons for transitioning from the FMJ lead ball to the M855 in the first place.  It’s more likely that environmental concerns caused the Army to transition to the M855A1.  I cannot think of a worse excuse.

I will also remark that when I learned of the copper slug in place of the lead ball for M855A1 my thoughts immediately went to barrel wear and loss of rifling.  It appears that this is in fact a legitimate concern.

So in summary, the SOST is much like the .223 pointed soft point for game hunting, except that it has a copper shank.  If a reader would like to weigh in on the effects of the copper shank, please do so (in an educated fashion – and do not allow this to become yet another worthless argument over 7.62 v. 5.56).

Finally, don’t forget the main reason for the lethality of the 5.56 mm round, which is the fact that it is frangible and immediately fractures into pieces leaving multiple tracks through ballistics gelatin.  See the excellent paper Small Caliber Lethality: 5.56 mm Performance In Close Quarters Battle.  It appears that the Army has forgotten the simple things.

Notes From HPS

BY Herschel Smith
1 week ago

David Codrea:

A significant number of American households own guns, and a significant number of those have disposable income allowing for regular entertainment expenditures. With word spreading that the actors have been going out of their way to disparage the right to keep and bear arms, it’s likely that accounts for some of the reluctance toward giving aid and comfort to Penn and Neeson.

It’s difficult to know details like this, but it isn’t difficult to see the trend.  If Neeson had courted the gun rights patron rather than pissing off peaceable gun owners, do you think we’d be having this conversation at all?

David Codrea: “Cities using work permit aliens to enforce gun edicts and laws against citizens.”  I’m left speechless.

Kurt Hofmann:

Nevertheless, B. Todd Jones threw the yellow flag about a month ago, charging the M855 round with “unsportsmanlike conduct.” He, though, intended to impose a penalty of far greater than 15 yards. Perhaps that’s just what the NFL needed to see from their prospective new sheriff in town.

This may be down in the weeds of things we would like to know but never will.  Was he booted from the ATF for ham handed handling of the proposed M855 ban?  Was this just a great opportunity he couldn’t pass up?  Was this a golden parachute?  In any case, with an NFL increasingly defined by criminals, self serving and obscene end zone dances, and overall thuggery, Jones deserves the NFL and they deserve him.  Both are loathsome.

Useful thoughts on guns and wills.

Here’s what happens when idiots write letters to the editor.  The write doesn’t get the fact that it was only those defined as enemies of the state who weren’t allowed to have firearms.

Nineveh Christians.  This is so very sad, and as I’ve observed before, partially comes from Christians who simply cannot reconcile the person of Jesus with the notion of self defense.  Get your intellectual act together, Christians, before you get run over by criminals, thugs, jihadists, ne’er-do-wells of all stripes.  Yes, this means Christians everywhere, not just in Nineveh.

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