The Paradox and Absurdities of Carbon-Fretting and Rewilding

Herschel Smith · 28 Jan 2024 · 4 Comments

The Bureau of Land Management is planning a truly boneheaded move, angering some conservationists over the affects to herd populations and migration routes.  From Field & Stream. The Bureau of Land Management (BLM) recently released a draft plan outlining potential solar energy development in the West. The proposal is an update of the BLM’s 2012 Western Solar Plan. It adds five new states—Idaho, Montana, Oregon, Washington, and Wyoming—to a list of 11 western states already earmarked…… [read more]

Pennsylvania Supreme Court: Open Or Concealed Carrying Of A Firearm Is Not Reasonable Suspicion Of A Crime

BY Herschel Smith
4 years, 10 months ago

Prince Law:

Today, the Pennsylvania Supreme Court issued a 53 page majority opinion, a 2 page concurring decision by Justice Baer and a 16 page concurring opinion by Justice Dougherty which Justice Mundy joined, in the case of Commonwealth v. Hicks, which addressed whether the mere open or concealed carrying of a firearm constitutes reasonable suspicion of a crime.

[ … ]

“Before this Court, the Commonwealth again advanced its “radical position,” Hawkins, 692 A.2d at 1071, in the present iteration contending that police officers are not only entitled, but “duty bound” to seize and investigate the licensing status of every individual who carries a concealed firearm in Pennsylvania. Brief for Commonwealth at 11. We have little difficulty in again rejecting this proposition, because we conclude that the Robinson rule contravenes the Terry doctrine and, indeed, the fundamental guarantees of the Fourth Amendment.

Although the carrying of a concealed firearm is unlawful for a person statutorily prohibited from firearm ownership or for a person not licensed to do so, see 18 Pa.C.S. §§ 6105-06, there is no way to ascertain an individual’s licensing status, or status as a prohibited person, merely by his outward appearance. As a matter of law and common sense, a police officer observing an unknown individual can no more identify whether that individual has a license in his wallet than discern whether he is a criminal. Unless a police officer has prior knowledge that a specific individual is not permitted to carry a concealed firearm, and absent articulable facts supporting reasonable suspicion that a firearm is being used or intended to be used in a criminal manner, there simply is no justification for the conclusion that the mere possession of a firearm, where it lawfully may be carried, is alone suggestive of criminal activity.

If the consequence of our decision is that future courts afford meaningful Fourth Amendment protection to individuals engaged in other commonly licensed activities, that result is preferable to our allowance of governmental overreach that undermines the individual freedom that is essential to our way of life in this constitutional republic.

Crime and violence are ever-present threats in society, and it can be tempting to look to the government to provide protection from “dangerous” people with constant vigilance. However, the protections of the Fourth Amendment remain an essential bulwark against the overreaches and abuses of governmental authority over all individuals. Notwithstanding the dangers posed by the few, we must remain wary of the diminution of the core liberties that define our republic, even when the curtailment of individual liberty appears to serve an interest as paramount as public safety. “Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” Olmstead v. United States, 277 U.S. 438, 479 (1928) (Brandeis, J., dissenting).

Consistent with the General Assembly’s reservation of the exclusive prerogative to regulate firearms in this Commonwealth, codified at 18 Pa.C.S. § 6120, the additional requirement that an individual possess a license in order to carry a firearm openly within the City of Philadelphia is prescribed by statute, not by municipal ordinance. See 18 Pa.C.S. § 6108; see generally Ortiz v. Commonwealth, 681 A.2d 152 (Pa. 1996).”

So the court did three things: [1] decreed that the mere carrying of a firearm in a concealed manner isn’t a reasonable suspicion of a crime (I would have to know the specifics of the case to be able to ascertain why this is important since if the firearm is concealed well, it wouldn’t be seen by anyone), [2] decreed that the mere carrying of a firearm openly isn’t a reasonable suspicion of a crime (apparently Pennsylvania has a permitted open carry system, and cops don’t have the right to stop someone who is openly carrying to ask about a permit), and [3] decreed that little tyrants in locales like cities or townships don’t have to right to upend this judgment.

Every once in a while someone gets it right.  I would think that after the decision by the Fourth Circuit Court of Appeals viz. The Charlotte Mecklenburg Police Department, they would stop trying to argue that they have unlimited rights.

But also just as apparent is the fact that the police go from judge to judge, and court to court, until they find someone who agrees with them.

That’s the American way, yes?

Only 530 Semi-Automatic Guns Have Been Turned In, Say New Zealand Police

BY Herschel Smith
4 years, 10 months ago

News from New Zealand.

New figures show gun owners are holding back on handing in their firearms, because they’re waiting to hear how much the Government will pay for them

Figures released to Newstalk ZB by the New Zealand Police showed that, as of Sunday night, only 530 guns had been handed in since the ban on semi-automatic guns was finalised in early April.

There are around 250,000 licenced firearm holders in New Zealand and it’s estimated as many as 300,000 guns could now be illegal.

I laughed.

So many breathless articles here in America about how easy it was to make new gun control laws, unlike “Cowboy” America.

So much pining away and wishing for such a society by the progressives, so much desire for a state monopoly on violence.

And now, so much fail.

I laughed.

The National Shooting Sports Foundation And American Suppressor Association Endorses Chuck Canterbury For Director Of ATF

BY Herschel Smith
4 years, 10 months ago

NSSF:

President Donald Trump’s nominee to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives has a record of no-nonsense support for the rule of law that clearly extends to respect for the Second Amendment and the firearms industry.

Chuck Canterbury is the President of the 350,000-strong Fraternal Order of Police who would bring to the Director’s office 26 years of law enforcement experience as well as 16 years’ experience in his current role. Canterbury retired as a major with South Carolina’s Horry County Police Department and was inducted into the South Carolina Law Enforcement Hall of Fame.

And as for the evidence for Canterbury’s support for the second amendment?

Canterbury also stood up to billionaire New York City Mayor Michael Bloomberg after the anti-gun funder of Everytown and Moms Demand called the Fraternal Order of Police a “fringe group” for opposing the release of firearms “trace” data which is prohibited by the Tiahrt Amendment. Even Bloomberg’s own police commissioner Ray Kelly opposed the release of ATF trace data. ATF says it shouldn’t be released outside of law enforcement either. Bloomberg didn’t care when he misused this information in so-called “sting” operations against firearms retailers – without the knowledge of either ATF or his own police department – interfering with as many as 18 criminal investigations and forcing ATF to pull agents out of the field for their own protection.

There you have it.  He supports cop safety.  That makes him a second amendment supporter according to the NSSF.

Next up, the American Suppressor Association:

“As the regulating body of our industry, ATF has a tremendous amount of control over our ability to operate and create jobs,” said Knox Williams, President and Executive Director of ASA. “Because of their influence over our businesses, the ATF Director is, for us, one of the most important politically appointed positions that President Trump will fill. His nomination of Mr. Canterbury, which does require Senate confirmation, falls directly in line with his campaign promise to work with the firearms industry and protect the Second Amendment. Mr. Canterbury’s resume and reputation highlight that he is the leader that ATF needs in order to become the bureau that they are intended to be.”

What bureau would that be?  What did the American founders intend a bureau like that to do, sirs?

The NSSF has never been a supporter of the second amendment, and with respect to the American Suppressor Association, I suspect that they have no desire to see suppressors unregulated.  If they weren’t regulated by law, they wouldn’t be able to charge $1000 a piece for their tubes with baffles.

Prior:

Further Fisking Of Chuck Canterbury’s Second Amendment Credentials

Fraternal Order Of Police Chief Chuck Canterbury Picked To Head ATF

Pete Brownell Stepping Down From NRA Board Of Directors

BY Herschel Smith
4 years, 10 months ago

TTAG:

In the coming weeks, my company will be making exciting announcements about new opportunities that are important to the future success of our business. We look forward to sharing that news soon as possible. Given the hard work and full-time attention that will be needed as our brands continue to grow, I’ve decided to step down from my position on the NRA’s Board of Directors. It’s been an honor to serve the five million members of the NRA and I will continue standing side-by-side with the millions of Americans who care deeply about defending the Second Amendment.

That’s a rather innocuous statement.  I wonder if this is as presented, or if there is more afoot than he let on in the statement?  Is there some fiduciary responsibility or financial or legal liability associated with being a member of the board from which he is escaping?

I know my readers and I have discussed that before.  The other alternative is that this is a move of protest.


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