Archive for the 'Gun Control' Category

Florida Gun Owners Need To Get Their Act Together

BY Herschel Smith
3 weeks, 6 days ago

Do you want to look like California, or worse? I notice that open carry is dead in Florida and didn’t even make it out of committee. Now this. You have to be more than a keyboard warrior.

Guns In The Context Of The Progressive Project

BY Herschel Smith
1 month ago

David Codrea:

Here’s the thing about Virginia Tech that some of us commenting at the time attempted to publicize: Nine months before the shootings, graduate student Bradford B. Wiles wrote a letter to The Roanoke Times in response to a campus manhunt for a murder suspect.

Rules against having guns are always designed for the moral amelioration of the immoral.  The progressives know that law abiding men and women will follow the law, up to a point, and the liberal project of societal salvation through law-making was not intended for those who do not need it.

There are consequences for defenestration of the family and church.  The progressives know full well that their rules will neither change the law-aiding nor allow him legally to defend himself.  The immoral part of the progressive project is that it harms peaceable men and women, and the project masters don’t care.

The stupid part is that they believe they can change the behavior of the wicked with a new law or rule.  But to what else would they turn?  Without the church and family, the law is all that’s left.

The Supreme Court’s Next Gun Battle

BY Herschel Smith
1 month ago

Linda Greenhouse at The New York Times:

It will be late February at the earliest before the justices announce whether they will hear the case, Peruta v. California, filed on behalf of five California gun owners and a gun-rights organization by Paul D. Clement, a solicitor general during the George W. Bush administration who since then has taken on a number of high-visibility conservative causes. The mere fact that the appeal is pending is bound to play a role during the confirmation hearings for the next Supreme Court nominee; during the campaign, President-elect Donald J. Trump called on “Second Amendment people” to vote for him as a bloc to prevent a President Hillary Clinton from being able to fill the Supreme Court vacancy with a justice opposed to gun interests.

With minor exceptions, California bans the open carrying of firearms. State law allows the concealed carrying of a loaded handgun by those who pass a background check, take a training course, and demonstrate to their local sheriff or police chief that they have “good cause.” The definition of “good cause” is left up to the local law enforcement officials authorized to issue the licenses. While most of these officials accept a stated desire for self-defense as good cause in and of itself, the sheriff of San Diego County has set a higher threshold. An applicant there must prove a particular need for carrying the concealed gun, like a documented threat or having obtained a restraining order against a specific individual. Under this standard, the sheriff’s office denies most applications.

Significantly, in ruling against the plaintiffs last June by a vote of 7 to 4, the United States Court of Appeals for the Ninth Circuit didn’t actually answer that question. That fact may deter the Supreme Court from hearing the appeal — or, depending on the justices’ appetite for a major gun case, it may prove irrelevant. The justices have the power to frame just about any question they want to answer. If they want to decide the core question of whether the Second Amendment gives the right to carry a gun, in some manner, any manner, outside the home — which is to say, if four justices think they can count on an eventual fifth vote for that proposition, then this will be the case to grant.

Farther down in the opinion piece, she cites Scalia’s position on the second amendment, viz. “the right secured by the Second Amendment is not unlimited …”

Ms. Greenhouse is a lecturer at Yale Law School, and she has the same reflexive instincts as, unfortunately, Justice Scalia, and most certainly any progressive law graduate, prosecutor or judge.  Even Justice Scalia couldn’t extricate himself from the notion that the constitution “secures” rights.

We’ve addressed this before.  All of life, from marriage, to work, family, church and state, is the covenant.  Without understanding life within the framework of covenant, one cannot understand it at all.  The constitution, including the second amendment, is a covenant.  It contains a set of stipulations within which we have agreed to live, and while success in following them brings blessings and peace, failure to honor them brings curses and conflict.

The founders understood this well, and Dave Kopel has done marvelous work in showing that gun control was one of the main catalysts of the war of independence.  The founders looked to something other than King George for a definition of their rights.  Our rights come from our creator, and more specifically, the second amendment is a recognition and codification of not only the right, but moral duty of self defense and defense of family.

The right to bear arms isn’t secured by the government, and the extent to which the government attempts to bar the exercise of moral rights and duties will be proportional to the conflict it spawns.  And yet we also attempt to peaceably resolve our differences and persuade the parties to honor the covenant that is supposed to govern our actions because we wish to be slow to conflict.

In this instance, Peruta may not be ripe.  We need a replacement for Scalia first, and even then I don’t know how Kennedy would vote.  He joined Heller, but Heller was a weak decision and Kennedy may not go along with increased recognition of the right of self defense.  It will be interesting to watch this case, but what would be worse than never getting a hearing in front of the Supreme Court would be to get a bad decision that actually denies the right to self defense outside the home.

In either case, when it comes to recognition of fundamental rights and duties, men cannot be patient forever.  The covenant looms large, and there are curses for causing its wreckage.

Wyoming Gun Control Bill

BY Herschel Smith
1 month, 1 week ago

Casper Star Tribune:

CHEYENNE — A new bill would bar anyone on federal terrorism watch lists from buying guns in Wyoming.

“We need to do something about people who are going to attack us getting weapons to do it,” said co-sponsor Sen. James Anderson, R-Casper.

Anderson said he heard a presentation on the issue at a legislative committee meeting last year and asked for a bill to be drafted.

Seventy-one percent of Americans believe that banning gun sales to people on the federal no-fly watch list would be at least somewhat effective at preventing terrorism, according to a June poll by Gallup.

Senate File 75 would add people on the FBI’s Terror Screening Database — which includes the “no-fly list” — to the list of people who are not eligible to possess guns in Wyoming.

Democrats in the U.S. Senate have unsuccessfully pushed several times to pass federal legislation barring people on the terror watch list from purchasing firearms. The efforts, which were repeatedly defeated, were intended to pressure Republican senators who oppose any form of gun control.

But if the measure placed conservatives in a difficult political position, it included a further wrinkle.

Because there is little judicial oversight of the various terror watch lists included in the FBI database, several liberal and civil liberties groups — who are already often opposed to the lists — were concerned about taking away the constitutional right to bear arms from American citizens without due process.

Anderson indicated he was ambivalent about that issue.

“I don’t happen to believe that the military and the police state would make those many mistakes,” Anderson said of who ends up on the terror watch list.

So somebody in Wyoming should ask Anderson why there are “terrorists” here to begin with?  What kind of open border policy does he support that lends itself to having terrorists come into America unimpeded?

And that could lead to the next point, which is that the “watch list” is comprised no only of cross border terrorists who should be deported but haven’t been under the Obama administration, but America patriots as well who happen to believe that the second amendment is the final remedy against a tyrannical state.  Or in other words, peaceable American citizens who haven’t been tried in any court or found guilty of any crime whatsoever.

He should be forced to admit that in front of people, and then to admit that he is a gun controlling communist.  Do I have good readers in Wyoming who can press this issue with Anderson?  It looks like y’all have your fair share of trash to take out just like the rest of us do.

Letting Movies Dictate Your Gun Control Policy

BY Herschel Smith
1 month, 1 week ago

Law Newz:

The GOP has just risen to a whole new level of crazy. Last week, it introduced the Duncan-Carter Hearing Protection Act of 2017, sponsored by Rep. Jeff Duncan (R-SC) and Rep. John Carter (R-TX). The bill removes gun silencers from the scope of the National Firearms Act of 1934, and refunds the $200 transfer tax to applicants who purchased them after October 22, 2015.

Yes, we’re talking about gun silencers, or “suppressors” as they are euphemistically known in the industry. You know – those things that assassins snap on the ends of their pistols in action movies to look all slick and cold-blooded. Apparently, the logic is that the world would be a much safer place if silencers were more readily available to the average consumer. Sure.

[ … ]

The people who should be most outraged by the Hearing Protection Act aren’t gun-hating liberals who knee-jerk at any mention of firearms. They are conservatives and libertarians who value their own credibility in the nationwide debate over Second Amendment rights. It is the responsibility of supporters of Heller to call bullshit on legislation that is nothing more than a marketing plan dressed up as “hearing protection.” Gun owners of integrity have an obligation to remind Congress that earplugs and earmuffs are readily available, and that claims of the necessity of silencers are as stupid as any that big tobacco should manufacture self-lighting cigarettes to prevent kids from burning themselves with lighters.

So I guess suppressors can give you cancer and cause you to become professional assassins.  Since suppressors actually do no good protecting your hearing from noise, I guess there must be another reason for them.  I’m sure they don’t allow hunters to be aware of their surroundings, like whether they’re near other hunters when they shoot.  I’m sure all of those ear muffs don’t interfere with your cheek weld.

This, ladies and gentlemen, is what happens when people who know absolutely nothing about guns try to make policy and law about guns.  They have nothing to which they can turn except shoot-‘em-up movies and assassins.  And suppressors are the same thing as tobacco and can give you cancer.

Obama’s Parting Shot On Gun Control

BY Herschel Smith
1 month, 2 weeks ago

Harvard Law Review:

Criminal justice reform has been a focus of my entire career — even since before my time at the Harvard Law Review. As a community organizer, I saw firsthand how our criminal justice system exacerbates inequality. It takes young people who made mistakes no worse than my own and traps them in an endless cycle of marginalization and punishment. More than twenty years ago, I wrote about my experience in neighborhoods where “prison records had been passed down from father to son for more than a generation.”

Well, this is a mouthful, and he’s said too much, enough to indict his own argument.  First of all, I agree that we have criminalized far too many thing, with petty drug offenders sent to prison to be hardened by real criminals, turned into real killers and street thugs, and maybe converted to Islam in the prisons.  I have advocated against such things, and in fact I don’t believe in prisons at all because they are unbiblical.  The Scriptural prescription for wrongdoing is retribution and restitution.

Retribution is the death penalty for high crimes such as rape, kidnapping and murder, and restitution means that the perpetrator becomes the slave of the wronged until the debt is paid.  There is no biblical concept of a “debt to society.”  No one has a debt to society.  There is no biblical notion of the collective.

But by invoking fatherhood he has damned his own argument.  The absence of fathers, undergirded by the absence of true religion and public giveaway programs to hold the inner city black man in slavery, has led to the situation Obama laments.  He won’t admit it because he is of those who enslave.  He believes in the enslavement he laments.

We have a responsibility to act. And like the vast majority of Americans — including the vast majority of gun owners — I believe we can take commonsense steps to reduce gun violence that are consistent with the Second Amendment.

As an Administration, we’ve made some meaningful progress on keeping guns out of the wrong hands through background checks — whether it’s making clear that anyone in the business of selling firearms must get a license and conduct background checks, or dedicating more resources to ensuring those background checks are conducted on time.  We’ve also jumpstarted the development of smart gun technology.  As long as we’ve got technology to prevent a criminal from stealing and using your smartphone, then we should be able to prevent the wrong person — including kids — from pulling the trigger on a gun.

But there’s a great deal of work left to be done. Congress should pass the kinds of commonsense reforms supported by most of the American people — from investing in access to mental health care, to expanding background checks, to making it possible to keep guns out of the hands of suspected terrorists. The actions we take won’t prevent every act of violence — but if even one life is spared, they will have been well worth it.

He’s lying and he knows it.  The vast majority of gun owners do not in fact believe in his proposals.  His inability to enact further gun control is all the proof you need.

We’ve dealt with smart guns before, and it’s an idea that will never obtain for reasons Obama himself understands.  His “investment” in mental health care is the same thing as his notion of keeping guns out of the hands of terrorists.  It’s all a red herring.

It’s a way to prevent people from having access to means of self defense by circumventing the constitution with so-called “health care professionals” and secret lists made by government employees who are accountable to no one and unreviewable even by courts.  It’s all a method to avoid due process.  He should be asked “why are there known terrorists in America at all?”  To which he can only answer that he’s referring to Americans who haven’t been convicted of any crime at all.

But even deeper than that, this is a great kabuki dance.  The constitution says “shall not be infringed.”  There is no point in having this conversation.  We will not submit by having our rights removed by statists.  On too many issues to catalog, Obama and his ilk broke covenant with the American people, from confiscating huge swaths of land (under the purview of the federal government) that wasn’t his, to taxing people for failing to purchase a product on the open market (Obamacare), to sending weapons South of the border to arm the drug cartels.

We can only hope and pray that the awful man’s legacy turns to dust and disappears from the earth.  He is a usurper and deceiver of the highest order.  Good riddance to the ass clown.  I wish I had never known him.

New York Sheriff Takes Issue With New Gun Control

BY Herschel Smith
1 month, 2 weeks ago


BALLSTON SPA, NY (WRGB)–“I don’t have the capability, manpower to enforce it. I’m not going to enforce it.”

Sheriff Michael Zurlo stuck to his guns about a new mandate taking affect statewide.

State Police want anyone with a pistol permit issued more than four years ago to re-certify, a SAFE Act requirement that could lead to authorities seizing your guns if you don’t comply.

Zurlo, says his deputies won’t be taking part.

“I’m pro 2nd Amendment, against the Safe Act, and I’ll continue to fight for the rights of residents of Saratoga County. ”

[ … ]

The governor’s office referred us to state police..who argued, “through re-certification, state records on active pistol/revolver licenses will be accurate and up to date.”

Some gun owners actually agree.

“I could see where it could be not a bad thing to re-certify, to keep pistol permits up to date for a lot of people,” said Joe Welch, Jr.

Say, what’s in the water up there is New York anyway?  You have a Sheriff who says he’s not going to enforce collectivism on his gun owners, and the press is actually able to find a gun owner who differs with the Sheriff.

I guess that some dogs … er, peasants, are just happy to feed from the crumbs that fall from the master’s table.

NICS Gun Purchase Block Screwup

BY Herschel Smith
1 month, 2 weeks ago

David Codrea:

Lessons learned from one man’s struggle to challenge a gun purchase denial from the National Instant Check System give insights into how difficult it can be for a citizen to clear his name once the government has decided he’s a “prohibited person.” Fortunately, an Anchorage medical professional and “avid gun collector” [name withheld at his request] had the savvy, the wherewithal and the persistence to successfully fight a bureaucratic denial of his right to arms.

David later observes that “He did not submit prints until after the rejection and he got them for his CCW. He wanted additional evidence to challenge the denial. That means the original rejection looks like it was based on confusing him with someone else who was prohibited and whose prints were thus in one of the system they had checked — and when the dr. sent his in, they realized they did not match with the source they had used to reject him.”

Whatever.  There is no excuse for this.  First of all, the perfect solution is to get rid of the entire 4473 and NICS process, along with the ATF.  That way, there is no chance that rights will be denied by the federal government.

But since this is the mess in which we currently live, imagine the worst, most bureaucratic, most intransigent, and least concerned that a government body can be, and that’s what you have here.  I’m frankly amazed that he ever got his rights back.  His persistence served him well.

See folks, this is why we can’t have nice things.

The Need To Respond To A Threat With A Firearm Is Diminished When Firearms Are Prohibited In The Area

BY Herschel Smith
1 month, 2 weeks ago

Delaware Online:

A Delaware Superior Court judge upheld a ban on carrying firearms in state parks and forests for purposes other than hunting.

The challenge to the rule was brought by multiple plaintiffs, including the Bridgeville Rifle and Pistol Club – a 1,200 member organization in southern Delaware. In a civil complaint, they argued the administrative codes are “inconsistent with and pre-empted by” both state law and the state constitution.

The rifle club noted its members often like to camp at Trap Pond State Park or rent a cottage at Seashore State Park during nearby shooting competitions yet they are unable to do so because of the ban. Plaintiffs also argued a need exists to carry firearms for protection.

“A deprivation of constitutional rights can constitute irreparable harm,” the civil complaint stated.

Superior Court Judge T. Henley Graves said in his Dec. 23 ruling the regulations do not run “afoul” of the Delaware Constitution, nor did they contradict state law passed by the General Assembly.

“As for plaintiffs’ concerns for self-defense, the Court observes the need to respond to a threat with a firearm is diminished when firearms are prohibited in the area,” Graves said in the ruling.

The rules in question state it is “unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots, or archery equipment upon lands or waters administered by the Division, except with prior written approval of the Director.”

[ … ]

DNREC Secretary David Small told the Associated Press he was pleased with the ruling.

“We do not believe that the unrestricted ability to carry weapons is consistent with our mission to provide every visitor with safe, enjoyable recreational experiences,” Small said in a prepared statement.

As Thomas Sowell recently observed, “The fatal fallacy of gun-control laws in general is the assumption that such laws actually control guns. Criminals who disobey other laws are not likely to be stopped by gun-control laws. What such laws actually do is increase the number of disarmed and defenseless victims.”

So the assumption on the part of the judge is that black bears won’t attack any camper or hiker in the park (or perhaps see this report if you want something closer to Delaware).  After all, it’s not as if Delaware has an issue with black bears.  And I’m also certain that Coyotes aren’t ensconced in Delaware now.

People are always peaceful, criminals check the laws before putting that weapon in the car, and laws actually control the decisions people make.  And judges always write decisions that come right out of the land of fairy tales.  Good Lord.  What do these eggheads learn in their “schools?”  I seriously wonder if this guy has ever been more than 100 yards from a coffee and pastry shop.

Here is what I recommend that Judge T. Henley Graves do about this issue.  Get yourself a tent, backpack and some camping gear and go hiking and camping in the state parks in the area.  You know, overnight.  Multiple nights.  With no weapon, and no protection from anyone or anything.  No cabin walls, no cell phone.  And take your wife and children with you too.

Report back to me on whether you trust the laws to keep bears, Coyotes and criminals away from you overnight.  If not, you’re a liar and hypocrite.

The Trace: Fewer Fewer Americans Are Acquiring Guns Without A Background Check Than Long Believed

BY Herschel Smith
1 month, 3 weeks ago

The Trace:

Just 22 percent of current gun owners who acquired a firearm within the past two years did so without a background check, according to a new national survey by public health researchers at Harvard and Northeastern universities shared in advance with The Trace and The Guardian.

For years, politicians and researchers have estimated that as many as 40 percent of gun sales are conducted without a background check — a statistic based on an extrapolation from a 1994 survey. The new survey, published in the Annals of Internal Medicine, found that the current proportion of gun sales conducted without a background check is about half of the oft-cited figure.

It’s amazing, yes, that the Annals of Internal Medicine can waste time on things like this when there are heart attacks, strokes, internal bleeding problems with anti-coagulants, cancer, and so on.  Good Lord.  There are real medical problems to be solved.  You’d think that aspiring doctors would be at least moderately interesting in practicing medicine rather than being political shills.

Okay, we’ve discussed The Trace before.  They are professional purveyors of fake news, and Google loves them and puts them near the top of their Google news search.  I’m sure you’re as surprised about that as I am.

Note to The Trace.  Your data is worthless.  Those who have purchased a gun without going through a background check – which is perfectly legal in most states – will not tell you they have done so.  I know.  I’m a gun owner, and I know they we think.

The second problem is that criminals have never gone through a background check to purchase weapons, and they never will.  The Trace misses two huge categories of people who constitute a large enough fraction of gun purchases that it casts doubt on the study.  The Trace doesn’t even know how to estimate the size of those two categories because gun owners will never … never … be honest with pollsters.

By the way, not that there would be anything wrong with purchasing guns from an FFL and going through the necessary Form 4473.  So I don’t think it would prove anything one way or the other even if accidentally The Trace is correct.

And I said I was a gun owner above.  I lied.  I lost all of my guns in a boating accident to the bottom of lake Keowee.  I cried a river of tears over that incident.

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