Articles by Herschel Smith

Reader Michael Gilson sends this along from Charles C.W. Cooke:

… holding that municipalities are in fact the very best places for laws to be made, tested, and obeyed; and that keeping as much as possible as local as possible is the best way of ensuring that dissenters can choose somewhere else to live without having to leave the country.

The trouble with this view in the modern area, though, is that even in a reasonably small-government place such as Arizona, the sheer size of the state has ruined much of the virtue of local variation. If we lived under only a few laws, the live-and-let-live ideal inherent to localism would be infinitely more profitable. Phoenix could have stricter smoking laws while Tempe boasted looser ones; Boston could have a sales or hotel tax while Springfield politely declined; Boise could try out a certain school curriculum and compare it to the diametrically opposed one in Meridian. But there are an awful lot of rules now, and this has effectively made local control a tool that is only truly useful in the hands of the authoritarian.

Why? Well, the reason that “lawmakers often complain that the federal government oversteps its boundaries in state matters” is that the rules that are set by the federal government ultimately afford lawmakers in the states only one option: to add to them. Which is to say that in our hyper-governed and overly centralized age, regulation works only one way. No state is able to tell Washington that it will be operating with a minimum wage that is lower than the federal one; many, however, may elect to pass higher thresholds. No state is permitted to opt out of federal regulations; every legislature, however, is free to make them stricter. And when it comes to guns, the story is no different at the state level: “municipalities’ rights” always means that the progressive town in Idaho gets to prevents its citizens from carrying firearms in the manner to which the state’s other citizens are accustomed and never means that the conservative town in Massachusetts gets to opt out of that state’s stricter rules.

Well, it depends upon a whole lot of things, including whether states have preemption laws that stop cities and townships from imposing regulations on gun carriers that would prevent them from carrying in, for example, city parks.  My state of North Carolina has just such a law.  If we didn’t my city of Charlotte (progressive as it is) would have imposed such a regulation.

My reaction to Charles’ commentary is several-fold.  First, note that I have commented that the best place for lawmaking is the state, because in order to prevent local hicks, ne’er-do-wells and criminals from acting out their Napoleon fantasies upon other men, association with the state means that … local municipalities and townships shouldn’t be able to preempt state laws.

Second, this still leave a lot of room for the state.  States can allow liberal rules for concealed carry, ensure shall-issue statutes are passed and enforced, pass open carry laws, court gun manufacturing businesses (witness South Carolina), and citizens can elect (and Governors can appoint) judges who are amenable to expunging of criminal records for crimes that would otherwise prevent ownership of firearms per form 4473.

Finally, Charles is correct on state preemption of federal laws inasmuch as states willingly comply with them.  Here I return to the issue of nullification, and point out what I have so many times before.  States have as much power over the expanding federal government as they want to have.  If they refuse to stop it, the federal leviathan will continue to grow.

The Daily Caller:

In response to months of mounting criticism from the global community over sweeping National Security Surveillance programs leaked by former agency contractor Edward Snowden, the administration surrendered to allegations it had too much influence over the Web through ICANN, which designates the roadmap from web-connected devices to websites and servers across the globe.

“While the Obama administration says it is merely removing federal oversight of a non-profit, we should assume ICANN would end up as part of the United Nations,” Whiton said. “If the U.N. gains control what amounts to the directory and traffic signals of the Internet, it can impose whatever taxes it likes.  It likely would start with a tax on registering domains and expand from there.”

Edward Snowden’s name is mentioned in the DC article.  Forget about him for a moment.  You can blame the loss of influence over ICANN on our creepy 3-letter agencies.  It’s their fault.

But you can blame loss of control over the internet on Obama.  It’s directly his own fault.  WRSA remarks that this likely won’t end well.  No, it won’t.  A tax to the totalitarians will likely start in the form of registering domain names, but it won’t stop there.

Eventually there will be homage for domain usage paid to the gun-hating, globalist, wealthy totalitarians at the U.N., likely paid by corporations based on something like traffic, pingbacks, time on domain, page views, etc.

It will likely end in a tax for just visiting domain names paid by the user.  A final word to the corporations who are in favor of it.  Americans will only go so far in the abuse hurled at them.  If this is the straw that breaks the back of globalism, look for Americans to shut down their online banking, online purchasing, and in fact most internet visits.  It would wreak havoc on the financial system of the nation.

Corporate elitists see dollar signs rolling up in their eyeballs.  Reality has a different elixir whipped up for us.  Welcome to twenty first century dystopia.  Elections have consequences.

First of all, watch this video, and make sure to watch all of it, listening to the exchange between LEOs near the end.  Then I’ll make several observations.

First of all, take note of the sentence crafted by the LEO who showed up after the incident: “You done what you had to do.”  This is a sad commentary on the intelligence and educational level of these LEOs.  This is a serious rather than a rhetorical question.  Would you ever put these words together in a sentence in this order?  “You done what you had to do.”  If so, why?  Why would a person choose to do something like that?

Second, take note that without even having seen the evidence and without knowing anything at all about the situation, the blue wall is closing in.  It happens immediately.  “You done what you had to do.”  There is nothing more important than going home safely at the end of their shift.

This brings me to my third and most important point.  When Daniel was in Iraq, he made a practice each morning of waking up and preparing himself to perish.  He had to be okay with it or he couldn’t function.  Thus, he was able to restrain himself with ROE, and that restraint came in the face of plenty of AK-47s in the population, as I’ve pointed out before.

Thus, whatever you think about the campaign in Iraq, what he did (i.e., restraint in the face of danger) can be called service.  LEOs want what they do to be considered service as well, but in most cases it’s not.  As it stands, they are no more than uniformed goons who run around frightened of everything that moves.  The last thing I would have thought in this situation is “an old man is reaching for a long gun to shoot me.”

Finally, take note of the official (so far) reaction to this shooting.

The York County Sheriff’s Office released this statement to the media on Wednesday following Tuesday’s officer-involved shooting in Clover.

After an initial review of the car video from the incident, we can report that on February 25, 2014, at approximately 7:30 p.m., York County Sheriff’s Deputy Terrance Knox made a traffic stop on a vehicle with an expired license plate at Highway 321 and Motseller Street north of the town of Clover.

The driver of the vehicle, Bobby Dean Canipe, 70, of Lincolnton, North Carolina, exited his vehicle and reached in his truck bed, raised what Deputy Knox perceived to be a long barrel weapon. Deputy Knox was forced to make a split second, life or death decision and fired his weapon several times striking Canipe once. Canipe had grabbed a walking cane from the bed of his truck. Deputy Knox rendered aid to Mr. Canipe until EMS arrived.

At Sheriff’s Bryant’s request, The State Law Enforcement Division (SLED) is investigating the incident and will report their findings to the 16th Circuit Solicitor.

The situation is very unfortunate. It does appear, at this time, that Deputy Knox’s actions were an appropriate response to what he reasonably believed to be an imminent threat to his life …

Goons protecting goons.  Did you expect any different?  The blue wall closes in, and a 70 year old man was shot for picking up a walking stick.

SFGate:

The U.S. Supreme Court refused Wednesday to halt Sunnyvale’s enforcement of a voter-approved ban on high-capacity gun magazines. The order signaled that San Francisco will also be allowed to enforce a virtually identical ordinance during court challenges.

Sunnyvale’s measure, approved by 66 percent of its voters in November, prohibits possession of magazines carrying more than 10 cartridges.

A group of gun owners sued to overturn the Sunnyvale ordinance and asked a federal judge to block its enforcement, arguing that tens of millions of Americans legally own guns with high-capacity magazines and may sometimes need them to repel criminal attacks.

But U.S. District Judge Ronald Whyte of San Jose rejected the request March 5, the day before the ordinance took effect, saying the ban would have little impact on the constitutional right to bear arms in self-defense.

A federal appeals court refused to intervene, and on Wednesday, Supreme Court Justice Anthony Kennedy, who handles emergency appeals from California and eight other Western states, denied a stay without comment.

More often than not, when the SCOTUS refuses to hear a case, they know full well how it will turn out and conclude that the outcome wouldn’t be any different than the way it is before review.

Occasionally I like the decisions made at the appeals court level.  But more often than not I don’t.  But one thing I do not do is rely on the federal court system to protect my rights.

I am a second amendment and gun rights writer, but I only loosely call myself that.  Readers know that I don’t believe that I have a right to own firearms because the constitution says so.  I also don’t believe in so-called “natural law” or “natural rights.”

Ever since my seminary training in apologetics and philosophy, having seen John Locke thoroughly dissembled with logic, I don’t reference his views for anything.  No respectable philosopher today does.  Even among the legal community, John Whitehead is an exception.  In order for something to be “natural,” it has to be binding upon all men and capable of epistemic certainty.  To me, the concept of a natural right to own guns is no better than the notion of the new head of a pride killing the young lions so that the lionesses will come into estrus again – or the lioness trying to defend her young one.  What’s natural to one won’t be natural to another.

So why do I have a right to own guns, or high capacity magazines?  Because God says so.  That settles it for me, whether the constitution recognizes it or not, whether a judge certifies it or not.  You may not have my world view, and I’m okay with that.  But every man must come to his own conclusions and ascertain the ultimate foundation for what he does and what he believes.

You live on the Serengeti desert in a Machiavellian world of eat or be eaten, with no concept of right and wrong, or you know whereof you act, and you know why what you do and what you believe is morally righteous.  And If you were relying on a federal judge to warranty your rights, you’ve been disavowed of that mistaken belief as we speak.  Is that clear enough?

Kurt Hofmann:

I literally asked him if a law was passed to put Jews in the Ghettos, would you? He literally said “Now you are being silly…but if its the law, I enforce it; I don’t make them.”

It’s difficult to imagine a more Machiavellian statement than that.  This is the sign of a man who’s lost his way, one who has lost any sense of morality and has replaced the concept of right and wrong with dictates by the state.  There you have it.  The framework for values of some LEOs in America today.

David Codrea:

“Ares Armor is under immediate threat of having their customers’ personal information and its legal goods being seized by the ATF …”

So it doesn’t end with just overreach by the ATF into areas where they have no business, confiscating parts that legally meet the stipulations set out by the government.  It goes to the personal information of customers.  Because, you know, the ATF has a compelling interest in knowing the personal information of people doing things legally.

And in that same vein, Mike Vandeboegh reports on the case of James Kaleda.

I seen random reports of New Jersey Firearms Purchaser Identification card applicants being advised that one or more of their answers to the ten specific questions asked on the Firearms Purchaser Identification card application were “wrong” ( also known as false). The applicants were permitted to come in and make the necessary correction with no reprisals.  Other applicants reported having their New Jersey Firearms Purchaser Identification card application denied, forcing the applicant to appeal that denial to the County Superior Court and having the denial overturned. I have found no other instance where the New Jersey State Police has detained an Individual Firearms Purchaser Identification card applicant for a clerical error.

They don’t like to be criticized.  Ever.  At all.  It’s called retribution.

Uncle sends us to this.

So it is that the days of the great gun writers are gone. There will never be another Cooper, Keith, O’Connor, Aagaard, Sitton, Skelton or Jordon. The world of communication has changed. The Internet and the plethora of gun blogs, gun magazines, gun television, gun DVDs and those who write about guns (including me) have, in a way, polluted the water.

The good thing is that now, no matter how you believe or what you think, you can find a writer who reflects your sentiments. That bad thing is that, no matter how you believe or what you think, you can find a writer that reflects your sentiments. With the modern world of outdoor communication its no longer about the message it’s more about the character the communicator plays. Good actors always seem to draw a crowd which is why no one is standing in line at my front gate.

Yea, that’s the problem.  That’s exactly the way I feel when I watch a Travis Haley instructional video.  I lament the loss of prominence of folks like Jerry Tsai, David Petzal and Jim Zumbo.

Look, I don’t need them.  There are plenty of good magazines where guns are reviewed for hunting prowess, and online forums are sometimes great, sometimes not, when it comes to gun reviews.  But I’d rather read a review of a real gun buyer than not before I spend my hard earned money.

You can find good and bad over the internet.  You just have to be able to sort it out.  Do your homework guys.  We still have great gun writers around.

See this picture of me shooting in Pickens, S.C., where the horrible Larry Martin is state senator.

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For a longer demonstration of proper pistol grip, see this instructive video.

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Southwest Florida Online:

On March 9, 2014 at approximately 22 :29 hours a home invasion robbery took place at 3306 SE 26th St., at the time of the home invasion robbery the residence was occupied by 5 people.

According to accounts of the incident from the occupants of the residence there was a knock on the door. When the door opened three males entered the residence. Two of the males that entered the residence were armed one with a Shotgun and the other with an ARl5 style weapon-

The occupants were order to lay face down on the ground by the gunmen and to remove all their personal belongings from their pockets. Several of the occupants were able to identify one of the gunmen as Timothy Deshon Williams.

The witnesses who identified Timothy have all personally known him from 8 to 14 years. According to witnesses accounts Timothy was carrying the AR 15 Style weapon. Shortly after entering the residence and ordering the occupants to lay face down Timothy shot Leon Anthony Cotton in the right: leg with the ARl5 because he would not get on the ground as instructed.

As a result of the gunshot Leon suffered a broken right femur and has required surgeries to treat and repair his leg.

He’s fortunate to get away with a broken femur.  I don’t answer the door without a firearm, especially in the unlikely event that someone knocks after dark.  These folks should have been armed.

Isn’t it ironic though.  In Connecticut and New York, the bullies in charge would want us to be left comparatively defenseless in the face of such home invasions.  So if the criminals can use them, then why not me?

David Codrea:

In spite of that, one “A-rated” Democrat, Sen. Jon Tester of Montana, joined with confirmed anti-gunners Chuck Schumer, Dianne Feinstein, Dick Durbin and others.

This is Tester’s second vote for administration interests over those of his gun owner constituents in a little over a month.

I just renewed my NRA membership for another year because I figure it seals and ensures my right to complain to them.  David is right to complain, and I do my fair share.  But it’s really a shame, this degree to which NRA rating has fallen in stature.

I pay little to no attention to it for just the reasons David laments.  There is also the issue that politicians will make claims concerning NRA ratings that are outdated and old, when new ratings have been issued, or when no ratings have been issued at all.  I’ve discussed this with NRA folks by phone.  If the NRA wants its ratings to be taken seriously, it will begin to husband them with diligence.  Otherwise, it’s an irrelevant feature of what could otherwise be a powerful lobby for our interests.

Kurt Hofmann:

In other words, to refer to his earlier opposition as “an act” is perhaps giving him too much credit–perhaps “a lie” would be a more accurate assessment.

Hey, they’re politicians.  It’s what they do.  Sort of like pictures of  Lindsey Graham holding an AR-15 while he secretly conspires with Senator Cornyn to infringe on gun rights, right?

What do cartoons, guns and Obama have to do with each other?  No, it’s not that our president is a cartoon and is scared of guns.  Uncle tells us.  And yes, I know what you’re thinking.  What a dumb ass!  No, not Uncle.  The other guy(s).

Mike told us about the idiot cop who wanted to donate his left nut to the cause of gun control.  He will probably lose a lot more than his left nut.  And if I’m not mistaken, there is further action on this front.

Eugene Volokh:

A gun with a larger than usual capacity magazine is in theory somewhat more lethal than a gun with a 10-round magazine (a common size for most semiautomatic handguns), but in practice nearly all shootings, including criminal ones, use many fewer rounds than that. And mass shootings, in which more rounds are fired, usually progress over the span of several minutes or more. Given that removing a magazine and inserting a new one takes only a few seconds, a mass murderer — especially one armed with a backup gun — would hardly be stymied by the magazine size limit. It’s thus hard to see large magazines as materially more dangerous than magazines of normal size.

[ … ]

Still, these same reasons probably mean that the magazine size cap would not materially interfere with self-defense, if the cap is set at 10 rather than materially lower. First, recall that until recently even police officers would routinely carry revolvers, which tended to hold only six rounds. Those revolvers were generally seen as adequate for officers’ defensive needs, though of course there were times when more rounds are needed.

[ … ]

… even if bans on magazines with more than 10 rounds are unwise, not all unwise restrictions are unconstitutional. That’s true for speech restrictions. It’s true for abortion restrictions. And I think it’s true for gun restrictions as well.

This is an oddball commentary by Eugene.  I don’t think the issue is whether, as the judges tried to adjudicate, a magazine capacity restriction burdens the second amendment, but whether those who are protected are burdened by the restriction.  It’s not a trivial distinction.

I’m not really sure why he drew on the issue of abortion rights to create the analogue.  It isn’t a very good one.  The wording of the second amendment is clear, including the phrase “shall not be infringed.”  The Supreme Court created a right to abortion ex nihilo.

Even if you believe that such a right exists, the analogous wording isn’t there in the constitution to protect it.  Thus, restrictions on abortion have no equivalency to restrictions on firearms.

Furthermore, there is a case to be made that restrictions on abortion and lack of restrictions on firearms have the same goal, i.e., the preservation of life.  Eugene provides the defeater argument for his own case, and states a contradictory conclusion anyway.  But firearms are used for more than just personal defense.  They are also necessary for the amelioration of tyranny.  Both of these are life preserving things, just as restrictions on abortion are life preserving restrictions.

Why Eugene didn’t choose to work on this angle and why he chose the opposite, is anyone’s guess.  All in all, this isn’t one of Eugene’s better pieces of work.  I think he missed the mark, and widely so.

For magazine capacity and what it may do for you, see also my analysis of Mr. Stephen Bayezes.

David Codrea:

In a related development, this column has been following up on what should be a larger concern for gun owners, and that is how the Armatix pistol made it on to California’s “safe handgun roster” without incorporating microstamping technology months after the state certified it was a requirement for all new semi-automatic handguns listed.

Because laws are for little people.  I suspect that regardless of what the law says, gun haters in California were able to slip this one in because they consider it a good trade.  They give up microstamping, and in return they get the ability to control forevermore the ability to sell or gift a firearm.  David will eventually find out and tell us.

Also see David’s article for the information on Armatix support for global disarmament efforts.  You should never purchase anything from this company.  They are in bed with the totalitarians.

Finally concerning California, I am reminding you that I still haven’t heard anything back from Smith & Wesson on whether they will continue to supply handguns that have not been microstamped to California LEOs while they don’t sell at all to California residents.

It gripes my ass that this double standard exists.  Laws aren’t for the little people.  Smith & Wesson shouldn’t sell at all in California, including to LEOs.

Speaking of double standards, were you aware that LEOs are exempt in Connecticut from its newest gun bans, and can have AR-15s along with standard capacity magazines – for their personal use?  No, not for on-duty use, but for personal use and protection?

Well, you know now.  This was the bribe that the Connecticut legislature made to the LEOs to get their cooperation in enforcing the law.

Prior: Smart Guns Tag