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]

Notes From HPS

BY Herschel Smith
1 week, 1 day ago

David Codrea:

The report, while as yet not corroborated, is consistent with information Gun Rights Examiner has been investigating, including by attempting earlier today to obtain confirmation from ATF.

“FFLGuard has learned from unconfirmed sources that current ATF Director B. Todd Jones will be stepping down by the end of the month, and perhaps even sooner,” the alert reports. “Rumor is that Jones will be making a move from guns to sports, as a lawyer for the National Football League. The good news is that the ‘acting’ personnel who will be elevating to higher positions, albeit temporarily, have historically been receptive to the concerns of FFLs.”

David cites other sources as well.  I cannot confess to having any personal concern for the man whatsoever.  He could get run over by a truck tomorrow and I wouldn’t so much as blink.  As for his departure, this is a good thing.  The more the ATF stays in disarray and without a leader at the helm to direct it in the implementation of its onerous, bureaucratic overburden to American patriots, the better.

Kurt Hofmann:

But a larger point is that in claiming that the current law–banning ammunition by virtue of its construction–is inadequate, because an infinitude of ammo not so constructed is equally capable of penetrating body armor, they are tacitly admitting what gun rights advocates have been saying since the attempt to ban the M855 came to light. That round has no special “armor piercing” capability. Reps. Israel and Speier must know this, but that did not stop them from railing against the decision to shelve the M855 ban proposal.

They lamented the demise of the green tip ban and blamed it on the ATF, and then turned around and admitted that they need to include all other sorts of ammunition within the scope of the ban.  You just can’t make this stuff up.

Gunsmithing the Kurds:

In their fight against ISIS, the Kurdish army known as Peshmerga has a secret weapon – a second-generation gunsmith so skilled he can practically turn a bucket of rusty bolts into a killing machine for the rugged, but cash-strapped, fighting force.

Bakhtiar Aziz works in a dimly lit basement shop in Erbil, refurbishing guns taken from the enemy, bringing broken and even decades-old firearms back to life and helping to outfit an army as short on weapons as it is long on heart. On a recent day, he inspected an M-16A4 assault rifle badly damaged in a coalition airstrike. Pocked with holes, missing a large section of the barrel and with human hair wedged in its moving parts, the gun was found by Peshmerga soldiers near the town of Gwer.

[ … ]

As he used a drill to grind away at burrs on a recovered gun, Aziz said his trade will be in demand, even when, he hopes, ISIS is defeated.

“Weapons always get broken,” he said. “That’s why I have to repair them.”

Well, just to be clear, an armorer changes parts.  A gunsmith can take a block of metal and fabricate a 1911 out of it.  I wish I had all of these skills, but engineers can only tell the machinists what to do.  We usually can’t do it ourselves.  I spent precious little time on a lathe in a course called “Manufacturing Processes,” and it wasn’t a programmable lathe (think 35 years ago).

But also to be clear to the totalitarians among us, you can never remove weapons from the people.  There will always be a way to defend ourselves and hold tyrants accountable.

Tips For Flying With Guns

BY Herschel Smith
1 week, 2 days ago


Officials at Blue Grass Airport say they are dealing with higher numbers of weapons found in luggage. TSA officials came to talk to talk about the right ways to travel the US skies.

As a nation last year a record 200,030 guns were discovered at checkpoints. Nine of those were found at Blue Grass Airport in Lexington.

A TSA spokesman says that people travelling with a firearm need to put it in a hard case unloaded. Any ammo needs to be in its own container inside that hard case.

The case must be locked and left at the ticket counter. Never bring it through TSA checkpoint.

If you are planning on flying with a weapon and you have questions you can ask a ticket counter agent or TSA agent in the airport.

This sounds like good advice, and after reading the TSA rules for flying with guns and ammunition, I too thought that they wanted ammunition in the same locked box with the firearm.

My wife and I took a recent trip to Jackson Hole, Wyoming, and boarded the aircraft in Charlotte and Jackson with a firearm and ammunition.  The firearm needs to be in a locked case such as a Nanovault (which worked well for my purposes).  I have read other web sites that recommended against use of a TSA approved lock on the basis that anyone could get into it and that’s what they want to protect against.

That’s bad advice, don’t follow it.  Nanovaults have TSA locks.  Your local gun shop can also sell you TSA approved locks (as well as other hard cases).  You announce at luggage check-in that you want to check a firearm, and the airline employee will ask you to certify by signature that the firearm is unloaded.  More than likely, they won’t even ask to look at or examine the gun.  You sign, you re-lock your box, and you’re on your way.

Except I had ammunition in the Nanovault and American Airlines requested that I remove it and place it in the luggage away from the firearm.  You see, even now, flying with firearms isn’t as straight forward as you might think, and airline employees apparently have a different understanding of the rules than do I.

Notes From HPS

BY Herschel Smith
1 week, 2 days ago

David Codrea:

As for the first part of his statement, it’s funny he prefaced it with “But I’ll be honest with you,” and then failed to mention who has done comparison shopping in such neighborhoods and then reported which purchase offered more quantity and variety selections, was quicker, easier, less expensive and scary, and carried fewer inherent risks. It’s also funny he failed to mention why that was the fault of gun owners, and where he got the talking point from.

Barry is a liar, and he’s not very creative either.  He has to use the lies created by other people in order to have talking points.  It’s a far cry from his lofty rhetoric and prediction of the cessation of the “rising of the tides” with his advent.  David has written a good article and vetted Obama’s sources on this one.  I find it amusing when we know their tricks.  Similarly, their astroturfing has been such an abysmal failure that it does more for our side than theirs.  Read all of David’s piece.

Kurt Hofmann:

This unimaginably courageous man, “armed” only with a shopping bag, is one of CSGV’s despised “insurrectionists”? Granted, one could make the case that refusing to meekly surrender to the government’s unlimited coercive force is indeed “insurrectionist” behavior, even when unarmed, and thus doomed. The Chinese government no doubt believes it was. But isn’t that a good thing–something to be admired, even revered?

Very good catch, Kurt.  Go read what Kurt is talking about.  And no, CSGV couldn’t care less about ending totalitarianism’s rule over the people, leading to such things as the murder of children under the still-enforced one-child policy.  As long as the collective is unhindered in its aims, then the CSGV is happy.  That says all sorts of remarkably bad, ugly, obscene things about Josh Horwitz, doesn’t it?

From Glenn Reynolds, backyard grilling targeted by the EPAGlenn responds, I’M INCREASINGLY IN FAVOR OF BACKYARD TARRING-AND-FEATHERINGS THAT TARGET THE EPA.  David Codrea also notes this today.

Yes, tar and feathers.  It seems to me that it’s past time for disobedience and threats.  Until the federal government has a healthy fear of the people, they will continue to perpetrate this sort of obscenity.

More Chris Christie On Guns

BY Herschel Smith
1 week, 2 days ago

News from the great Northeast:

Gabby Giffords, the former Arizona congresswoman who survived being shot in the head by a disturbed gunman in 2011, met with New Jersey Gov. Chris Christie on Wednesday as part of a push for state legislators to pass stronger laws to protect women and families from gun violence.

Before the meeting at the state house in Trenton, N.J., Giffords participated in a roundtable discussion about the issue with several women leaders and advocates including state Sen. Loretta Weinberg and Assemblywoman Gabby Mosquera, both Democrats.

Democratic lawmakers in New Jersey have introduced legislation that would mandate domestic abusers to surrender their guns if they are convicted of domestic abuse or if a domestic violence restraining order is in effect. Christie, a potential 2016 Republican presidential candidate, has not made his position on the legislation known.

“Dangerous people with guns are a threat to women. That makes gun violence a women’s issue – for mothers, for families, for me and you,” said Giffords at the event.

The specifics of Christie’s private meeting with Giffords were not made public. But the governor’s spokesman, Kevin Roberts, said “Governor Christie has incredible respect and admiration for the courage and perseverance of former Congresswoman Giffords and he was honored to have the opportunity to meet with her this afternoon and discuss domestic violence and gun violence issues.”

Ms. Giffords has lied concerning guns all over America, is the leading tool for the gun grabbers, does their bidding without shame, and if she had her way no one in America, save the elite and government goons, would have weapons of any kind.

And yet Chris Christie says he has “incredible respect and admiration for the courage and perseverance of former Congresswoman Giffords and he was honored to have the opportunity to meet with her.”  While sending his propagandist out to vomit moralistic, supposedly neutral, platitudinous goo designed not to offend anyone, he yet again reveals more of himself than he intended.  He admires gun grabbers and collectivist tools, or if he doesn’t really, he’s a liar.

Do you really need to know any more than that about Chris Christie?

Women In Combat: Misunderstandings

BY Herschel Smith
1 week, 2 days ago

It isn’t necessary to recapitulate what we’ve discussed concerning women in combat since it is so well rehearsed here on these pages.  But occasionally something comes out that needs correction.

David Martin: Now you’ve been through this training, what’s your own opinion about whether women can serve in the infantry?

Nisa Jovell: My opinion would be that it would be pretty difficult for them. We’re just, unfortunately physically, we are not built for it. And I’m not saying that we can’t do it, what they do. But our body structure is different.

David Martin: So what is it really, physically that you think?

Nisa Jovell: Honestly, it was really just carrying a lot of weight. And learning how to move as fast as you can with it.

David Martin: It’s what? Bone density that wears you down over time?

Nisa Jovell: It’s mainly hips that affect us.

David Martin: Hips?

Nisa Jovell: For females, yes.

David Martin: How does that play out on a 15K or a 20K?

Nisa Jovell: We had to learn how to put on the pack a certain way to like — relieve the stress off of our hip, so the hip problem is definitely a big deal.

No, no, no, no, and a thousand times no!  Any backpack that places the weight primarily on the shoulders will cause spine damage and ultimately cripple a man over the long haul.  Proper designs can be seen in the civilian market, and they place the weight primarily on the hips, not the shoulders.

While trying to emphasize that there is a “workaround” of sorts for the fact that females are designed differently than men and suffer from mechanical disadvantages unique to their structure, Ms. Jovell has in fact highlighted and emphasized those differences rather than the workaround.  And women still aren’t designed for combat, no matter what the progressives want to believe and no matter how much they would like the military to be the grand experiment in gender-neutral homogeneity.

The Ultimate Anti-Gun Astroturfing

BY Herschel Smith
1 week, 3 days ago

We’ve directly experienced some astroturfing by the anti-gunners, but this one probably sets a new standard for shamelessness.

Last week, sandwiched between a row of shops and apartments, you may have noticed that a store hawking firearms miraculously opened for two days on Manhattan’s Lower East Side

Had you ventured inside and asked the gruff-sounding owner whether you could take a closer look at, say, a revolver, you probably would have encountered the following sales pitch:

“…this revolver, it’s the easiest gun we have to use. It’s our most popular one. It’s a 22-caliber, six-inch revolver,” the clerk begins. “It’s also a gun that a five-year-old found in his parents’ bedroom, went down and shot his nine-month-old baby brother with it.”

If that sounds a lot like the least effective sales pitch of all time, there’s a reason for that.

An overwhelmingly depressing and frank sales pitch — the kind you won’t hear at any other gun store in the country — was exactly what States United Against Gun Violence was, well, shooting for when it did the unimaginable last week and opened a pretend gun shop in a city known for having some of the strictest gun-control laws in the nation.

“Our goal was to grab people’s attention,” New Yorkers Against Gun Violence Executive Director Leah Gunn Barrett told The Washington Post. “Gun owners often believe that firearms make them safer, but having a gun in your home actually makes you far less safe for homicide, suicide and domestic violence.”

You’re a liar, but that’s beside the point.  Your real goal, Ms. Barrett, was to be the shameless, insulting, intrusive, know-it-all, collectivist, loathsome pricks and assholes you are.

You succeeded.  No, not in turning back the support of legitimate customers seeking self defense and protection for their families, a God-given right and duty, for they will ultimately be in our camp supporting the right of self defense whether they obtain a weapon for their own use or not.  In fact, they already are.  You didn’t win their hearts and minds.  We do that better than you.  Every day we carry around you and refuse to “go crazy” and shoot people like you want us to, every day we own guns and act like the peaceable folk we really are, every day we function in overwatch for those of you who don’t carry and wouldn’t be able to defend your families, is another day we win people to our side.  And everyone knows it.

No, your culpability has to do with what happens to these poor people if they need self defense and they were turned away from obtaining such by your antics.  Then your accountability before God will weigh heavily on your souls, now and in eternity.  Sleep well while you contemplate your responsibility and fate before God.

I see that David Codrea also quickly picked up on this report.

Since the premise of the video is built around a lie, why should we believe any of it? After seeing previous propaganda efforts built around Bloomberg’s “Average Joe gun owner” and MoveOn.org’s “proud defender of the Second Amendment,” and noting their identities and affiliations were (and continue to be) intentionally withheld, why should we not question just who the “convinced customers” really are, and if they weren’t in on the scam from the start, and each acting a part?

Seriously, why believe the known deceivers behind the video? And did it never strike them (with their unwarranted sense of superiority and sophistication, it probably didn’t) that reactions from New York City residents might not exactly be representative of any place else?

The biggest thing that stands out though, is how the advocacy group was able to get all of those guns legally into New York City, with its draconian registration requirements.

Read all of David’s piece.  I wondered about that too, and I’ve sent this URL to the contact e-mail addresses associated with both of these anti-gun web sites.  What do you bet I’ll never hear back?  I’ll publish any response I get.

At Least There Is Still The United States Marine Corps

BY Herschel Smith
1 week, 4 days ago

Notes From HPS

BY Herschel Smith
1 week, 4 days ago

David Codrea:

Environmental devastation caused by illegal alien crossings has been well-documented, and there is nothing to suggest that won’t increase. After all, if the government was serious about stopping it, or even slowing it down, it could have done so by now.

But following that, what is the additional burden on the environment when tens of millions of “surprise” arrivals add their wants and needs to the infrastructure in cities and communities throughout the land, from energy production and consumption, to water purification, use, and drainage, to waste disposal and more? How much more traffic and transportation activity, with resultant pollutants will be generated? How much more greenhouse gas will be generated? How much larger will the national carbon footprint get?

Will the impact be greater than, say, the occasional citizen firing a gun in self-defense in a national park that encompasses thousands of square miles, millions of acres…?

Those who would impose this on the rest of us permanently have no answers and aren’t interested in finding them, providing one more proof that all the climate noise they’re making is yet another deception to mask and advance a different agenda.

And don’t you doubt for a moment that there is an overarching agenda behind the influx of immigrants into the American system and culture.  But back to the issue of the environmental impacts of immigration for a moment.  There is also the impact of dead bodies laying in the wilderness and the public health crisis on the horizon.  The progressives failed to mention the environment because they are hypocrites.  Or perhaps another way of saying it is that one cardinal tenet of the progressive faith, i.e., impoverishing the middle class and removal of rights to own and bear arms, clashed with another cardinal tenet of the faith, i.e., the environment.  As the saying goes, you have to break a few eggs to make an omelet.  Saul Alinsky would be smiling from his grave if his soul wasn’t in hell.

Kurt Hofmann:

Might training in which the officer is taught to first fall prostrate to the ground be a more-efficient training exercise? Would falling prone result in fewer accidental killings? Falling to the ground would provide less of a target area, might confuse the offender and would give the officer additional time to evaluate the situation while at the same time studying his shot if needed.

So the advice is to fall down and evaluate rather than conduct defensive maneuvers?  That may be the worst tactical advice I’ve ever heard.  But I agree with #4.

Obama threw a tantrum over the lack of gun control in Congress.  Because you know, they are such meanie pants poo-heads there.

A good modification of South Carolina gun laws for a change?  Notice the “only ones” mentality in SLED, though.

Guns Tags:

Comment Of The Week

BY Herschel Smith
1 week, 4 days ago


“If we as Christians put more faith in Smith & Wesson than we do in God, then we’ve got a problem,” Jackson said,,,,,,,

Well, substitute the words Smith & Wesson with fire extinguisher or fire sprinklers. I’ll bet the state representative put her faith in fire prevention tools. I’ve always been amazed at peoples’ ability to rationalize that a building somehow has magical powers just because we call it a church. I was always taught that the “church” was wherever fellow Christians came together in the spirit of Christ. Tactically speaking, most churches are a nightmare. Everyone is facing away from the ingress/egress routes and focused on a single person. I’ve always carried in church, and always will.

Also, I’ve told fellow Christians that know I carry (even in church) the following: when you can tell me the date, time, and manner of my earthly demise, I’ll “beat my swords into ploughshares”. 10 times out of 10…..crickets chirping is the sound I hear instead of a reasoned response.

Semper Fi,

No Guns In Church In Alabama?

BY Herschel Smith
1 week, 5 days ago

News from Anniston:

State Rep. Thomas Jackson worries that Christians who carry guns into church aren’t acting like Christians.

Jackson, D-Thomasville, has filed a bill for the current legislative session that would make doing so illegal. He’s not sure it’ll become law — Democrats are outnumbered in Montgomery — but he hopes the bill will get people talking.

“If we as Christians put more faith in Smith & Wesson than we do in God, then we’ve got a problem,” Jackson said, speaking by phone Thursday.

Jackson, an associate pastor at New Hope Baptist Church in Thomasville, said he was shocked to learn how many people carry guns into church.

That sentiment is echoed by the Rev. Lee Shafer at Grace Episcopal Church in Anniston.

People carry them in their purses, Shafer said.

The matter went largely unknown to Shafer until a church-related meeting not long ago, when the topic came up and folks started talking.

“The saddest thing is that there’s a need for guns anywhere,” Shafer said. “Wouldn’t it be horrible if a child got hold of a gun in church?”

Churches, like private business, can ban guns from their buildings, but Shafer said there is no such ban at her church.

While the idea of having a congregation packing pistols along with their Bibles doesn’t sit well with her, Shafer said, “There’s just too many other things for people to get upset about”  for this topic to concern her greatly.

Shafer was hesitant to try to decipher the Bible’s message on carrying weapons into church.

Call any 10 pastors and you’ll get 10 different biblical interpretations, Shafer explained, but she quoted the biblical commandment to “Love your neighbor as yourself.”

“Does this contradict that? Not necessarily, but at the same time Jesus was such a nonviolent presence,” Shafer said.

I once knew some of the good people from Anniston, Alabama.  While there are bad people in Alabama too, there are enough good men and women left that it’s a wonder that any of this has come up in Alabama.

I like the line about putting more faith in Smith & Wesson than in God.  That’s amusing.  I’ll have to remember that one.  I’ll find an opportunity to use it again in some fashion.  Watch for it in the future.  In the mean time, it sounds like Shafer needs to go back to seminary (or at least, attend a good one).  Yes, it’s sad that there is a need for guns in church.  It’s been with us for a very long time, and it’s called original sin.  You should have covered that in your survey of the OT as well as in Systematic Theology (I covered it in Historical Theology And Church History as well).

As for any of those ten pastors who give false interpretations of what God has to say about self defense, I’ve covered that.  If ten of them say that God expects us to become doormats and allow the execution of our loved ones so that we can “be like Jesus,” then ten of them are wrong and they are false prophets, not worthy of your attention.  As I’ve said in the clearest terms I can muster:

God has laid the expectations at the feet of heads of families that they protect, provide for and defend their families and protect and defend their countries.  Little ones cannot do so, and rely solely on those who bore them.  God no more loves the willing neglect of their safety than He loves child abuse.  He no more appreciates the willingness to ignore the sanctity of our own lives than He approves of the abuse of our own bodies and souls.  God hasn’t called us to save the society by sacrificing our children or ourselves to robbers, home invaders, rapists or murderers.

Self defense – and defense of the little ones – goes well beyond a right.  It is a duty based on the idea that man is made in God’s image.  It is His expectation that we do the utmost to preserve and defend ourselves when in danger, for it is He who is sovereign and who gives life, and He doesn’t expect us to be dismissive or cavalier about its loss.  Finally, self-defense may actually result in one of the greatest examples of human love.

I carry in worship every Sunday.  I carry at the grocery store, at work, during haircuts, while walking the dog.  Always.  While I’m not a betting man, I’ll make this wager with Rev. Lee Shafer and Rev. Stan Albright in Alabama.  Here it goes.

You show me a promise in the Scriptures – not moralistic platitudes, not normative statements or observations, not miracles that occurred at specified times in redemptive history for specific reasons, but a promise – always and in every circumstance to deliver God’s people out of the hands of evil-doers if we simply lay down our weapons and subjugate ourselves to their desires and refuse to engage in acts of self defense, and I’ll never carry at church again.

But if you can’t do that, I win, and you must read my entire commentary on Christians and the duty of self defense next Sunday as your sermon, without additional commentary.

So, Stan and Lee and Mr. Jackson, where do we stand with this wager?

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