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]

Joe Manchin Shows His Anti-Gun Colors Again

BY Herschel Smith
1 week, 4 days ago

Huffington Post:

Sen. Joe Manchin (D-W.Va.) is a self-described “law-abiding gun owner, hunter, card-carrying life member of the National Rifle Association and Second Amendment advocate.”

But on Thursday, he said he “strongly” opposes an NRA-backed bill in West Virginia that would nix permit and training requirements for people carrying concealed guns.

“I have always supported a West Virginian’s right to bear arms,” Manchin said in a statement. “Senate Bill 347 would allow a person to carry a concealed gun without a permit or requirement of safety training and that is irresponsible and dangerous to the people of West Virginia.”

The bill passed the state House earlier Thursday, and the state Senate on Wednesday. Still, Manchin said it was a bad idea.

“There is not one West Virginian whose Second Amendment rights will be infringed without this bill,” Manchin said. “In West Virginia, we believe in gun sense, which is common sense, and it only makes common sense for concealed carry applicants to receive proper training. I commend the brave legislators who voted no and represented their constituents who know that this is irresponsible.

West Virginia is a tradition open carry state (with some limited preemption).  So Joe believes that covering the gun with a shirt means that people needed training and certification by the state that they don’t if they open carry.  Well, Manchin voted for Obamacare, so his voting record is about as lousy at it gets.

When a politician (or anyone else) begins a conversation with “I support the right of the people to own and bear arms, but … ,” or “I believe in the second amendment, but … ,” ignore the balance of their remarks.  They are liars.

Joe doesn’t get a vote in the West Virginia legislature, so his constituency can tell him to butt out.  It’s none of his damn business.

Detroit Police Officer Charged With Theft During Drug Raid

BY Herschel Smith
1 week, 4 days ago

News from the great North:

DETROIT, MI — A Detroit crime fighter is charged with committing a crime of his own.

Detroit Police Officer Christos Kyriakides, 62, is suspected of stealing a “Scarface movie collage” from the home of a resident where he and other officers were serving a search warrant about 8:20 p.m. Feb. 20.

“It is alleged that Officer Kyriakides participated in the execution of a search warrant and while at the location removed a framed Scarface movie collage from the scene and placed it in his scout car and later concealed it in his personal vehicle,” Wayne County Prosecutor Kym Worthy’s office said in a statement Friday.

Kyriakides is scheduled to be arraigned in Detroit’s 36th District Court at 10:30 a.m. on a charge of larceny from a building.

The charge of criminal misconduct conduct by a Detroit police officer comes about a month after multiple Detroit police officers were named in a lawsuit accusing them of conducting an illegal marijuana raid in Warren, and amid an ongoing FBI probe into wrongdoing by the disbanded Narcotics Unit.

A fellow officer turned Kyriakides in, Police Officer Adam Madera said after the accusation became public.

Gosh, I hate it when that happens to me.  I remember the last time I barged into somebody’s home pointing guns.  I sure didn’t find anything as cool as a “Scarface movie collage.”

The good news is that there is at least one honest cop in Detroit.

ATF Wants To Go After All 5.56 mm Ammunition, Not Just Green Tip

BY Herschel Smith
2 weeks ago

Recall when we speculated about why the ATF had decided to hold its “green tip” ban in abatement?  Well, the questions are answered.

The Bureau of Alcohol, Tobacco, Firearms and Explosives on Thursday raised new concerns about surplus military ammo used in popular AR-15 rifles and pistols just days after pulling back on a proposal to ban the ammo because it could threaten police safety.

In a Senate Appropriations Committee hearing, ATF Director B. Todd Jones said all types of the 5.56 military-style ammo used by shooters pose a threat to police as more people buy the AR-15-style pistols.

“Any 5.56 round” is “a challenge for officer safety,” he said. Jones asked lawmakers to help in a review of a 1986 bill written to protect police from so-called “cop killer” rounds that largely exempted rifle ammo like the 5.56 because it has been used by target shooters, not criminals.

His agency’s move to ban the 5.56 M855 version was condemned by the National Rifle Association and majorities in the House and Senate and as a result was pulled back though not abandoned. At the hearing Jones said that nearly 90,000 comments on the proposal were received, many negative.

As a result, he said that the ATF will suspend rewriting the “framework” used to exempt armor piercing ammo from sale or use. “It probably isn’t going to happen any time soon,” he said. Jones also said, “We are not going to move forward.”

The 5.56 M855 round, he said, is military surplus, typically has a green tip and was used in the M-16. There are several versions of the 5.56. The M855carries a bullet that can penetrate police body armor, though shooters often debate that.

The ATF singled it out for a ban because more AR-15 style pistols that can shoot the ammo are being produced and presumably could be used by criminals in police shootouts. The AR-15 can also shoot the less lethal .223 round, which was not targeted by ATF in the ban proposal.

My God, this is one messy article.  There are too many confused issues to sort through in a short amount of time, but I’ll mention just a few.  The 5.56 mm cartridge and the .223 cartridge are very similar but not identical, with chamber leade being the main difference.  There isn’t enough of a difference to distinguish between 5.56 mm and .223 for purposes of this article.  This would be of interest in the gun community for things like slight differences in muzzle velocity, chambering, shooting a cartridge in a gun specified for another, etc.  Presumably, the author of the article inserted this confusion and not Mr. Jones.

But Mr. Jones did indeed insert obfuscation and confusion, and then asked the Congress to use that confusion to add to the regulatory and legal burden placed on citizens.  There is no reason to debate the issue of green tip, despite the URLs the author inserted into the article.  As I’ve explained:

Common 5.56 mm ammunition will penetrate soft body armor, all of it, period.  Kevlar will not stop 5.56 mm ammunition (lead ball) shot at 3200 FPS.  Nor will soft body armor stop most rifle rounds.  Soft body armor is [routinely] tested for 9mm pistol ammunition, not rifle ammunition.

ESAPI (enhanced SAPI plates, or the ceramic ballistic plates worn in ballistic plate carriers) are designed to stop rifle rounds, and are specifically tested for M855.  No cop today (or anyone else for that matter) wearing Kevlar is protected from any rifle round (unless it is from something like a pistol caliber rifle), and the existence of M855 or lack thereof doesn’t change that.  Likewise, a cop (or anyone else) wearing ESAPI plates is protected from rifle rounds, including the M855, and the existence of the M855 round or lack thereof doesn’t change that.  Finally, even ESAPI plates must stop a certain percentage of rounds (so there is some probability of fracture and penetration even with tested and specified rounds regardless of type).

So you understand, don’t you, that the M855 ban has absolutely nothing whatsoever to do with LEO safety, the liar in the White House notwithstanding?

Banning green tip does nothing to prevent anyone from using a rifle round (shot from any weapon) to penetrate soft body armor, and wearing ceramic ESAPI plates protects against both frangible 5.56 mm ammunition and green tip ammunition.  Furthermore, a so-called 5.56 mm “pistol” is nothing more than a SBR (short barrel rifle) with a barrel length of less than 16″ and no stock.  It isn’t concealable.

So speculation of course ran wild as to the exact intent of the ATF.  Are they stupid?  Do they not really understand the technical issues they are dealing with?  But today B. Todd Jones answered those questions.  They are concerned about all 5.56 mm cartridges.  Of course they are.  But that .270 pointed soft point, shot from a necked down 30-06 cartridge from my bolt action deer hunting rifle?  Yes, that’s the one.  It will penetrate soft body armor too – lead ball, soft point, all of it.  So will lead ball 30-06.  So will lead ball .308.  So will lead ball 7 mm.  Virtually all rifle rounds (except .22LR and .22 WMR) will penetrate soft body armor because kevlar is specified to 9 mm rounds (as regards mass and velocity).

Jones knows that.  The ATF at large knows that.  What Jones is telling the Congress is that he wants their help in banning rifle ammunition.  Rifle ammunitionAll of it.  They will start with 5.56 mm ammunition, green tip, lead ball, pointed soft point – all of it.  Then they will make it clear that all other rifle ammunition is as lethal as 5.56 mm ammunition, so they need a ban on that too.

Here’s a warning flag to all the Elmer Fudds out there who only care about your bolt action hunting rifles, and think this stuff about AR-15s is all just a bunch of made up theater to bother pampered folk like you.  They want your rifles and ammunition too.  You do understand that, don’t you?

Grieving Texas Dog Owners Want Police To Be Trained In How Not To Kill Animals

BY Herschel Smith
2 weeks, 1 day ago

Dallas News:

Grieving dog owners told House lawmakers Tuesday that animal training for police could have prevented the deaths of hundreds of beloved pets across the state.

“This training is mandatory for UPS and FedEx delivery men; why isn’t it for law enforcement?” said Cheri Scholz, who lives near Amarillo. Her 8-year-old blue heeler, Smokey, was fatally shot in 2012 by a police officer responding to a loose dog report.

Smokey had escaped from her yard. The officer attempted to get the dog into his car, but Smokey darted away, Scholz said. Neighbors who witnessed the event told Scholz the police officer then shot and killed the dog, she said.

The House Homeland Security and Public Safety Committee considered two bills Tuesday from North Texas representatives that would require police to receive training in encountering animals. The bills were left pending.

Controversial dog shootings have grabbed headlines recently. Since 2009, Texas officers have shot more than 400 dogs, according to the animal advocacy group 4 Keeping Our Pets Safe.

Law enforcement representatives told lawmakers the training — a course that teaches officers how to deal with aggressive dogs and read an animal’s body language, among other things — could prevent officers from being attacked and save families the grief of unnecessary shootings.

“Canine encounter training will help fill this void and provide officers with effective options and valuable knowledge to use when we come into contact with dogs while performing our regular duties,” said Amy Knoll, assistant chief for the Cleburne Police Department.

One of the bills, by Rep. Helen Giddings, D-Dallas, would require all officers to receive training in encounters with animals. Another, by Rep. Nicole Collier, D-Fort Worth, would focus solely on dogs and require new officers and officers seeking promotion to complete a four-hour training program within two years.

The Texas Commission on Law Enforcement would establish and require the training. Departments would absorb the cost.

Committee chairman Rep. Larry Phillips, R-Sherman, indicated that he preferred legislation that includes training for a variety of animals.

Phillips and Rep. Tony Dale, R-Cedar Park, also inquired about offering the course online in an effort to reduce costs, particularly for smaller police departments in far-flung parts of Texas.

“There are a lot of financial costs to training like that, where there’s travel and everything else, so that’s something we’re all going to have to think about,” Phillips said.

Gosh.  I hate it when that happens to me.  Every time Heidi runs off or barks at me or anyone else I haul off and blow her brains out.  I’m on my seventeenth or eighteenth Heidi, now.  It’s getting old, so maybe I need the same training.


Note To Cops And Survivalists: The World If Full Of Animals, Embrace It!

More On Animals, Cops, Logistics And Survival

Michigan Cops Raid Wrong House And Shoot Beloved 15-Year Old Dog

Ventura County Sheriff: Coward

Police K-9 Attacks Little Boy

BY Herschel Smith
2 weeks, 1 day ago

News from Virginia:

VIRGINIA BEACH — New video obtained by 13News Now shows the painful moment a Virginia Beach Police K9 bit a young boy Tuesday.

The child was bitten during the apprehension of a bank robbery suspect in Virginia Beach.

Police were attempting to find 26-year-old Joshua Allen–a suspect in Monday’s Wells Fargo bank robbery–at American Best Value Inn on Northampton Blvd.

Virginia Beach Police Chief James Cervera said Wednesday that the officer involved was seasoned and they took every precaution possible to prevent an accidental bite while searching the motel.

“The individual we were looking for, we had every reason to believe was armed and every reason to believe he would use violence,” Cervera said.

He explained that the boy ran from behind a corner without warning and the dog reacted.

[ … ]

“I turned to walk back to the hotel room, I reach the sidewalk, I see the K9 with one officer coming down the sidewalk. My son was already standing outside where he went through a pass way to get to the front of the hotel by the vending machine. He yelled ‘mom.’ I said: ‘Cameran – get back into the hotel room!’ and that’s when the dog grabbed him and bit him from behind.”

“As the K9 team was moving into position to assist in the arrest of the suspect an 11-year-old boy emerged from a corridor of the motel and ran into the K9 dog,” police said in a press release. “The K9 dog reacted by biting the child. First aid was immediately rendered to the child and officers remained with the child and his mother until rescue responded.”

Police say it appears the child was bitten once by the dog, but pictures provided by the family show more than a single wound to Cameran.

Gosh.  I hate it when that happens to me, and given the number of kids running around in our neighborhood, Heidi, my 82 pound Doberman, rips open a lot of flesh since I have no control over her.

Davie Police Officer Faces Extortion Charges

BY Herschel Smith
2 weeks, 1 day ago

News from Florida:

A Davie police officer is facing extortion charges after he threatened to share nude pictures of his ex-girlfriend, who was also a police officer, if she didn’t resign, police said.

Davie police Officer James Krey is on administrative leave. He was arrested by Coral Springs police while on duty.

“We arrested him (Tuesday) night at the Davie Police Department,” Coral Springs police Sgt. Joe McHugh told Local 10 News. “He was called in off the road, at which time he was offered to give us a statement. He refused to give us a statement, so he was taken into custody and charged with two counts of extortion.”

Police said Krey, a 12-year veteran of the Davie Police Department, sent the rookie police officer threatening text messages, telling her that she had better quit her job and move out of town or he would make those nude pictures public.

“The defendant made a threat that he would hold back at nothing to get even,” Judge Karl Evans said. “He also made a statement, ‘You’re going to have to leave Broward County, sweetheart. Anywhere you go I have people.’ Those statements do concern the court.”

Gosh.  I hate it when that happens to me.  I remember the last time I threatened to send naked pictures of someone around.  There was hell to pay.

Notes From HPS

BY Herschel Smith
2 weeks, 1 day ago

Via Mike Vanderboegh, assessment of the Bosworth arrest.

Anthony Bosworth was illegally arrested and detained, which makes it a kidnapping.  The judge’s order after the fact means that they knew when they arrested Anthony that they were not within the law.  Judge Peterson’s signing of this order sets up any of us to also be arrested and detained.  The problem is that her rule violates the Constitution from word one, which means she is guilty of 1) using the law to deprive rights, 2) threatening the use of weapons to deprive those rights, and 3) setting up the people to be kidnapped by the federal government if they do not bend to her will.  What happens to the penalty now?

Laws are for little people.  The black-robed tyrants, all of whom have been trained in the critical theories of Stanley Fish and Jacques Derrida, decide what is right and wrong and act on their own to effect the proper changes.  And not a person or institution in America stops them, any more than the courts stop the police from busting in doors in violation of the Fourth Amendment, or any more than the Congress has the balls to stop Obama’s lawlessness.  It’s a sad state of affairs, indeed.

David Codrea:

Noted investments counselor Snoop Doggy Dogg or Snoop Lion or whatever he’s calling himself these days has teamed up in a video with some other people many who lead purposeful lives have probably never heard of. This time, Sniff Dogg isn’t starring in a “Girls Gone Wild Doggystyle” video, doing the important work of luring underage girls with drugs to behave like drunken exhibitionist sluts for GGW founder Joe Francis, himself convicted of falsely imprisoning and assaulting women, “grabbing one … by the hair and throat and slamm[ing] her head into the floor.” This time, the Snoopster’s the front man for a campaign to convince investors to divest gun-related companies from their 401K retirement portfolios.

Who is doggy dog and why the hell should anyone pay attention to him?  I’ve recommended the same thing. “This is just rich.  Guns are still the hottest commodity in America.  At a time when cities across America are staring bankruptcy in the face due to the ridiculous deals they cut with the unions, the progressive California State Teachers’ Retirement System and the state of New York have a chance to put their money where their mouth is.  Will you divest yourselves of the best money making stocks you own because they make those evil guns?  Here’s your chance.”

To date no one has taken me up on this unique chance to prove your point.  I wonder why?

Kurt Hofmann:

As undeniably satisfying as that would be, though, I argue that actually accomplishing that goal might fairly be described as “winning the battle, but losing the war.” It all comes down to something from the previous paragraph–something worth repeating: ” . . . the reason for the very existence of the agency is for the enforcement of blatantly unconstitutional ‘laws.'” There is no reason to anticipate the imminent repeal of the unconstitutional federal gun laws (which is basically another way of saying all federal gun laws). Rep. Sensenbrenner’s bill, as well-intended as it undoubtedly is, certainly would not do so, and indeed would transfer enforcement of federal gun laws to the far larger, better funded, and more powerful FBI. As tireless liberty advocate Mike Vanderboegh has long argued, “I tell you now, I far prefer the devil I know in rehab than the devil I don’t running free with even greater power operating behind a cloak of invisibility, immunity and impunity.”

All federal laws concerning guns are unconstitutional under the second amendment.  All of them.  That isn’t to say that we’re better off without the ATF.  My working theory is that at least with the ATF as part of the DoJ, there are enough lawyers around that still have at least a working knowledge of the constitution that they know when something will likely get overturned in court.  Kurt is right.  The FBI wouldn’t let that slow them down.  We don’t want the FBI enforcing federal gun laws, folks.

Uh oh.  Gun stops attack in Queens.  Narrative fail.  A gun saved a life.

Jihadist threats in Miami.  I’d tend to believe them.  The solution is simple.  Carry guns everywhere you go.

Communist South Carolina state senator Larry Martin continues his controlling ways.

Guns Tags:

ATF Holds M855 Green Tip Ban In Abatement

BY Herschel Smith
2 weeks, 2 days ago

David Codrea:

The Bureau of Alcohol, Tobacco, Firearms and Explosives announced Tuesday it “will not at this time seek to issue a final framework” implementing a proposed ban on what it’s still insisting is “armor piercing ammunition.” The special advisory issued by the Public Affairs Division noted that with the comment period scheduled to close by next Monday, “ATF has already received more than 80,000 comments, which will be made publicly available as soon as practicable.”

‘Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study,” the advisory explained. “ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework.”

[ … ]

While arguments are correct that M855 ball ammo does not meet ATF’s own definition of “armor piercing,” the larger point, that there is no legitimate authority to impose such criteria in the first place, is being missed. So when ATF declares they’ll be back, until such time as that usurpation is addressed and resolved, it’s prudent to believe they will be, at the first political opportunity.

We could posit three theories behind what the ATF did today.  First, not even the federal regulators like to be called names such as traitors, douche, incompetent and bloated.  But that’s assuming they care about the American people, and the evidence for such an assertion is lamentable nonexistent.  So that theory suffers from being wishful thinking.

Second, the ATF understands that M855 green tip ammunition doesn’t meet the statutory definition of AP, or its corollary, that 5.56 mm lead ball ammunition can also penetrate soft body armor and is far more lethal in most circumstances.  Therefore, there will be a protracted legal battle waged against this regulation.

Third, the ATF realizes that a ban on M855 ammunition is meaningless without a ban on 5.56 mm ammunition, and that would have no more basis in law than a ban on any other type of ammunition.  Additionally, the ATF realizes they may be firing the first shot of a civil war were they to take an action like that.

Between theories 2 and 3, I don’t know which is more likely.  I dismiss out of hand the notion that the ATF feared action taken by the anemic, pathetic, pitiful Senate and House.  Readers may also have other theories (or combinations of the three proffered here).  But David is likely right on one thing.  The ATF will be back.

San Antonio Police Officer Pulls Gun On His Wife, In Standoff With SWAT

BY Herschel Smith
2 weeks, 3 days ago

San Antonio:

A San Antonio police officer accused of engaging in a standoff after pulling a gun on his wife in 2013 has been fired, according to the San Antonio Police Department.

Daniel Lopez, 45, was removed from SAPD’s ranks in February, the department confirmed Monday.

Lopez was initially charged with aggravated assault with a deadly weapon and two counts of deadly conduct for his role in a July 4, 2013, incident in which he was accused of holding his wife at gunpoint at his home in the 100 block of Whitecliff Drive while two children were inside.

SWAT negotiators were called to the scene and streets in the area were blocked off for a short time. Lopez eventually gave himself up peacefully, then-SAPD Chief William McManus said at the time.

Lopez was placed on paid administrative leave for about 9 months after the incident. In April 2014, he was placed on unpaid temporary suspension, where he remained until being fired in February.

On Feb. 2, Lopez accepted a plea deal for a Class C misdemeanor instead of second-degree felony aggravated assault, which could have carried a sentence of up to 20 years in prison.

He was ordered to pay a $200 fine and serve one day of deferred adjudication probation, according to prosecutor Jim Wheat, chief of the district attorney’s special crimes unit.

Gosh, I hate it when that happens to me.  I remember the last time I went berserk and took a .45 1911, cocked it and put it to my wife’s head.  The SWAT team wasn’t so nice to me.  I think he may have had some friends with the PD, especially with only one day of deferred adjudication probation.

Two Utah “Peace Officers” Suspended Over Bikini Firearms Video Shoot

BY Herschel Smith
2 weeks, 3 days ago

Fox News:

Two Utah peace officers have been suspended without pay over a risque video shoot featuring bikini-clad women firing high-powered weapons.

The Utah Department of Public Safety imposed the discipline in December on Rob Wilkinson, a Utah Highway Patrol sergeant, and Justin Hansen, a State Bureau of Investigation agent. The department released its discipline records last week after receiving a request to obtain them by The Salt Lake Tribune.

Wilkinson, who received a three-day suspension, and Hansen, who received a one-day suspension, were at the Big Shot Ranch near Grantsville in June when British bikini models posed for photos and were videotaped firing guns for a calendar called “Hot Shots.”

The two men were seen wearing camouflage uniforms identifying them as police in a promotional video posted on YouTube in October.

Neither Wilkinson nor Hansen sought their superiors’ permission to participate, and superiors learned of the activity only when they saw video clips played by the news media in Utah, according to the records.

The men were disciplined for conduct that brings discredit to an officer or agency, and for wearing their uniform during a promotion for a product — both rules violations, the records show.

I hate it when that happens to me.

“Peace officers” indeed.  Dressed all in tacticool gear.  I don’t think “peace” was the “piece” they were interested in.

Speaking of tacticool, recall when I saw Mr. tacticool at a church in Mauldin, S.C.?  Well, I was at the Firehouse sub shop on Mauldin Road on Saturday running errands, and saw his buddy all duded up in tactical gear, drop holster, body armor, and so on.  I asked my wife what she thought of when she saw him?  Did she see a “peace officer” or someone else?

She said, “I see someone trying to keep themselves safe.  I said, “exactly.”

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