Archive for the 'Gun Control' Category



Notes From HPS

BY Herschel Smith
12 years, 3 months ago

David Codrea:

The paid staffer who heads anti-gun billionaire and outgoing New York Mayor Michael Bloomberg’s Mayors Against Illegal Guns revealed the strategy the group will use to advance its demands across the nation, a report by the Associated Press documented Wednesday.

David goes on to discuss the statist threat that Bloomberg is, and what 2014 might portend for gun owners and our rights.  Bloomberg is a threat indeed, but this only heightens the diligence we must bring to bear on opposing every piece of his agenda, even when (and perhaps especially when) it comes under the rubric of cooperative efforts with the gun community (here for example, think NSSF).

Kurt Hofmann:

Dr. Ben Carson, considered by some a potential “conservative” candidate for President in 2016, stumbled badly back in March, at least among gun rights advocates, when he blithely told Glenn Beck on Beck’s The Blaze radio show that the right to own semi-automatic firearms is contingent on where one lives.

This is a very good article by Kurt.  Go read the rest of it to find out what Dr. Carson believes concerning the fountain of our rights.  I’ve said it here and here in great detail, but I’ll sum it up again.  God grants our rights.  The states (formerly colonies) recognizes them, and to the degree to which they infringe upon them, those administrations deserve to be overthrown.  The second amendment stipulates that the federal government has no right whatsoever in the making or enforcement of any gun law of any kind at any time.  All federal gun laws are unconstitutional.  And to remind you of what you already know, Dr. Carson is no conservative and won’t protect your rights.  I like it best when candidates talk before their handlers get hold of them.  The truth generally comes out then.

A Grand Bargain On Guns?

A year ago, in the days after 20 schoolchildren and six adults were gunned down at Sandy Hook Elementary School in Newtown, Conn., it seemed for a moment that something had changed in America’s long-running cultural debate on guns. A new kind of national conversation — even some consensus — seemed possible. But that was then. Today the voices on both sides of the gun policy debate are back to being as shrill as ever.

Still, behind the heated rhetoric, there are areas of agreement. While polls show Americans almost evenly divided on the question of whether they want more gun control or stricter laws, they overwhelmingly support expanded gun-buyer background checks and overwhelmingly oppose bans on handguns.

Those two strongly held positions suggest potential for crafting a grander bargain on guns …

Gun rights advocates point out that most retail firearm dealers are mom-and-pop businesses and that, on some occasions, they have been shut down by the Bureau of Alcohol, Tobacco, Firearms and Explosives for mere paperwork errors. That’s also true.

Why does the ATF shut down these small dealers? Because doing so is the only civil tool it has to encourage compliance with its rules.

Oh horse crap.  Anyone who personally knows FFLs can attest to the fact that slight errors when thousands of guns are moved is unavoidable even under the best QA program.  Friends of FFLs can also attest to the fact that the ATF acts like hoodlums, thugs and bullies to FFLs.  The ATF shuts down FFLs because they can.  It’s that simple.

And by the way, these authors perpetrate the lie one more time that the majority of America wants universal background checks.  It isn’t true.  And there is no grand bargain on guns.  There is no compromise.  There is no cooperation.  There is only war between us as long as the collectivists want to enforce their will upon us.  There will never be peace.  That’s a promise.

Charles C. W. Cooke:

As in the various columns of the same bent, Bloomberg’s purpose here was obvious: To suggest that, by failing to crack down on the private sales of firearms, the federal government has dishonored the memory of the victims at Newtown. Something that abhorrent happened, this argument goes, and we did nothing.

To wish to prevent another Sandy Hook is an admirable and human instinct. But to chase placebos? That is infinitely less commendable. Typically, when government inaction is the complaint, it is beneficial to eschew emotion in favor of a couple of hard questions. The first is “What is it that you want the state to do?”; the second, “How would the state’s doing this affect the problem?” In this case, the “what” was the Toomey-Manchin bill, which would have forced all the states to run background checks on all private transfers and sales of firearms. And the answer to “What would it have done?”: Nothing.

As a few of the more honest advocates of gun control acknowledged at the time, it is just about possible to argue with a straight face that universal background checks could help to prevent or diminish the general rate of gun crime. But it is certainly not possible to claim that they would prevent or even diminish the number of mass shootings.

I’m uncomfortable with this presentation.  I do not in the slightest acknowledge anything like universal background checks having any impact at all on crime.  Furthermore, eschewing emotion has nothing to do with my reaction.  It is vestiges of collectivism that forces one to ask the question, “What is it that you want the state to do?”  Rather, one must question whether doing something about some given state of affairs is within the province or purview of government to begin with?

In most cases in life, the answer is no.  This difference distinguishes the Northern “conservatives” (like those who write for NRO) from true conservatives.  That makes the answer to the question of “what” immaterial.

Fewer People Than Expected Have Registered Weapons In Connecticut

BY Herschel Smith
12 years, 3 months ago

J. D, Tuccille with Reason:

According to Hugh McQuaid at CT News Junkie:

As of mid-November, the state had received about 4,100 applications for assault weapon certificates and about 2,900 declarations of large-capacity magazines.

Michael Lawlor, Gov. Dannel P. Malloy’s criminal justice advisor, said that so far fewer people than expected have registered weapons under the new law. However, he said gun owners should take seriously the consequences of ignoring the law. Disregarding the registration requirements can carry felony charges in some cases, which can make Connecticut residents ineligible to own guns.

First-time offenders who can prove they owned the weapon before the law passed, and have otherwise followed the law, may be charged with a class A misdemeanor. In other cases, possessing one of the newly-banned guns will be considered a felony that carries with it a sentence of at least a year in prison.

“If you haven’t declared it or registered it and you get caught . . . you’ll be a felon. People who disregard the law are, among other things, jeopardizing their right to own firearms. If you’re not a law-abiding citizen, you’re not a law-abiding citizen,” Lawlor said.

Mr. Lawlor, like most government officials, seems to think he and his buddies have invented policy out of whole cloth, and that the population has no choice but to shuffle along and obey. But weapons registration laws have a history—a consistent history, as I’ve written, of noncompliance and defiance.

State officials could have taken a moment to glance across the state line to New York City, where a few tens of thousands of firearms are owned legally, and an estimated two million are held illegally, according to the U.S. Department of Justice. That is not uncommon. In my piece on the history of gun control’s failure, I wrote:

The high water mark of American compliance with gun control laws may have come with Illinois’s handgun registration law in the 1970s. About 25 percent of handgun owners actually complied, according to Don B. Kates, a criminologist and civil liberties attorney, writing in the December 1977 issue of Inquiry. After that, about 10 percent of “assault weapon” owners obeyed California’s registration law, says David B. Kopel …

Connecticut may want to look close to home for even lower compliance figures. In New Jersey, reported The New York Times in 1991, after the legislature passed a law banning “assault weapons,” 947 people registered their rifles as sporting guns for target shooting, 888 rendered them inoperable, and four surrendered them to the police. That’s out of an estimated 100,000 to 300,000 firearms affected by the law.

Noncompliance means they’re not giving up their weapons regardless of what the law says.  And that means that if the statists really want them, they’ll have to send in armed teams to invade the homes of gun owners (if they can find them) and confiscate them while they also shoot anyone who gets in their way.

And that means that gun owners who decide to keep their weapons have nothing left to lose when those armed teams come calling.  The collectivists want it to be ever so easy, with fawning, stupid, television-watching imbeciles who listen and obey their edicts as long as they get free bread and circuses.

But are they okay with bloodshed as a result of their edicts?  Perhaps yes, perhaps not.  Perhaps with some, perhaps not so much with others.  But collectivists nationwide should consider the ramifications of their laws.  Gun owners won’t surrender firearms peaceably.  You can take that to the bank.

Response To Robert Bateman Concerning Guns

BY Herschel Smith
12 years, 3 months ago

By way of preliminaries, I had promised to craft more detailed response to Mr. Bateman, but the context of the promise is this comment.

When my son Daniel was in the USMC (part of which was a combat tour) I followed the Small Wars Journal and associated writers so that I could monitor the silliness. It was an exercise in self serving navel gazing and pedantry. Bateman was among those who spent time on those pages writing worthless garbage for others to ingest. I’ve seen his stuff before.

Bateman wants very badly to be more handsome, younger, more important and smarter than he really is. And he wants people to pay attention. Thus, when he would write and it seemed that no one was paying attention, he would then seed it with something really, really outlandish and ridiculous so that people would pay attention to him.

He isn’t so much an ideologue as he is an attention hound who wants everyone to look at him even if you find him grotesque. Rather than a stooge, he is like a misbehaving child who throws tantrums in front of important people.

Rehearsing the subject which initially brought about this charge, Robert Bateman penned a piece in Esquire in which he bolstered his credentials as a collectivist.  Basing his diatribe on a recent shooting over a college football game, he outlines his plans for gun control.  Here are some excerpts from his commentary.

My entire adult life has been dedicated to the deliberate management of violence. There are no two ways around that fact. My job, at the end of the day, is about killing. I orchestrate violence.

I am not proud of that fact. Indeed, I am often torn-up by the realization that not only is this my job, but that I am really good at my job. But my profession is about directed violence on behalf of the nation. What is happening inside our country is random and disgusting, and living here in England I am at a complete loss as to how to explain this at all. In 2011 the number of gun deaths in the United States was 10.3 per 100,000 citizens. In 2010 that statistic in the UK was 0.25. And do not even try to tell me that the British are not as inclined to violence or that their culture is so different from ours that this difference makes sense. I can say nothing when my British officers ask me about these things, because it is the law.

Turning his attention to Heller v. D.C., he makes some remarks concerning the second amendment.

But just so we are all clear on this, let me spell it out for the rest of you. During the American Civil War, a topic about which I know a little bit, we had a system of state militias. They formed the basis of the army that saved the United States. For most of the first year, and well into the second, many of the units raised by the states were created entirely or in part from militia units that predated the war. But even when partially “regulated,” militias are sloppy things.

Which is why, in 1903 Congress passed the Militia Act. Friends, if you have not read it I’ll just tell you: As of 1903, the “militia” has been known as the National Guard.

Bateman then turns attention to his proposals.

The only guns permitted will be the following:

a. Smoothbore or Rifled muzzle-loading blackpowder muskets. No 7-11 in history has ever been held up with one of these.

b. Double-barrel breech-loading shotguns. Hunting with these is valid.

c. Bolt-action rifles with a magazine capacity no greater than five rounds. Like I said, hunting is valid. But if you cannot bring down a defenseless deer in under five rounds, then you have no fking reason to be holding a killing tool in the first place.

2. We will pry your gun from your cold, dead, fingers. That is because I am willing to wait until you die, hopefully of natural causes. Guns, except for the three approved categories, cannot be inherited. When you die your weapons must be turned into the local police department, which will then destroy them. (Weapons of historical significance will be de-milled, but may be preserved.)

[ … ]

4. We will submit a new tax on ammunition. In the first two years it will be 400 percent of the current retail cost of that type of ammunition. (Exemptions for the ammo used by the approved weapons.) Thereafter it will increase by 20 percent per year.

You’ve seen enough to get the picture.  A number of technical responses may be offered to Bateman.  For example, Bob Owens has a takedown of the notion that well-regulated means under government control.  Directing his instruction at Bateman, David Codrea remarks:

As for who is protected by the Second Amendment, it’s the people, just like it says. Alexander Hamilton addressed “well regulated” in The Federalist No. 29, conceding “To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss…Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped…”

There are other responses across the web.  But mostly they are aimed at the content of Bateman’s commentary, which is good analysis technique, but there is more to understanding Mr. Bateman and why he wrote this diatribe.

Several years ago I frequented the pages of the Small Wars Journal.  I linked them often and was linked by editors.  Mostly what undergirded my advocacy was a concern over my son and his colleagues in the U.S. Marine Corps.  The 2/6 infantry was soon to deploy to Fallujah, and I took a great interest in studying how the Marines did things, where they were going, and in watching the progress of the Battalion.

It was a hard time and I spent many hours awake (while other men were asleep), waiting at my door in the dark for that Marine Corps officer and Chaplain (who never came).  It was also a rich time in some ways.  I had shot guns my whole life, but I had not purchased an AR-15 until then and Daniel taught me to shoot the way the Marines taught him to shoot, i.e., what some might call aggressive, plates-forward stance.  It came naturally to me.  Still, the hard and bitter times were far weightier than any good times from it.

During this misadventure, I was unfortunately introduced to Mr. Bateman on the pages of the Small Wars Journal blog.  I invite you to study his prose.  Don’t take my word for what I have said and am about to say.  Read until you simply cannot stand it any more.  He is a scholar, and warrior, and he is good at what he does, and he is great at what he does, and he laments the evil, and he advises and counsels the best, and everyone listens to him, and he knows virtually everything.  If you don’t believe me, just listen to him tell you that himself.

Bateman can only go so long without the attention he so richly deserves, though.  When things get a bit quiet and he wants to shore up his credentials once again, he starts fights with men of notoriety so that they will respond and give him the press he’s after.  The fight between him and Victor Davis Hanson (see here, here, and here) eventually bored Hanson, it appears, and anyway Bateman was highly over-matched.

Bateman goes into a fury over fairly well established facts like the idea that the Western way of war is different.  I’ve commented in a pedestrian way on that same issue, but again, I am under the impression that this is fairly well established.  Either way, Bateman got the attention he wanted, and he was eventually reduced to personal attacks and name calling, with commenters telling him he was acting like a juvenile.

It doesn’t stop there.  At Zero Anthropology (and I make no claims to a knowledge of what this site advocates or the subject of the disagreement), one author had finally had enough of Bateman, and responded this way.  First, Bateman’s comment, and then the response.

Bateman:

Well, at least I now know that you, at least, see what I type. That evidence, at least, now exists for your readers. As does the fact that you ban free speech on your site. Since your readers now see that you openly posted, “This is from the man who is now claiming that I “silenced” him and tried to avoid him challenging my ideas. Of course, he is saying that in private, because he has been banned from this blog and has sent four more messages nonetheless (not included in the list above).”

Well Max, I really could not contrive a confession of oppression of free speech or discourse any more clearly than the way you just laid it out for your readers. Well played son. Well played indeed. “He claimed I ’silenced’ him” and “he has been banned” are wonderfully juxtaposed.

“OPEN” Anthropology.

Regards Max. And I apologize for the future. Not really my fault. But I am sorry nonetheless.

Bob

Response:

You apologize for the future. It was worth approving your message just so that others can see the veiled threat.

It is OPEN Anthropology…just no longer open to you, and your kind. You had your say, and became repetitive, and rather obnoxious, especially as you turned some of your comments on this blog into ad hominem attacks toward someone (me) who had been very analytical, even handed, calm, and reasonable with you. But then the military wolf in sheep’s clothing is all ready to pounce, eh Bob?

Remember, you have a right to free speech. But not on this blog: it is a privilege, and you abused it.

To the notion that Bateman has been “silenced” on that blog, the author lists 32 comments from Bateman approved by the editors.  The straw that broke the camel’s back was this comment:

…your apparent lack of eductation (sic) on military affairs and international relations. But then, of course, you are a minor teacher without a single published monograph, so I suppose you have to try and make your academic mark somewhere, eh? Anything for tenure.

The final remarks by the author are telling:

Not only is it ad hominem, it is a basic lie. Mission accomplished, Bob, you live up to the values of your institution. An academic, you are not, not even a good poser and pretender.

Well, Bob, you wanted attention, now you got it. You have all of our attention now, with your very own post on this blog, all about you. Is this what you wanted?

Why yes, that’s exactly what Bob wanted.  He got his attention, and you spent your time responding to this narcissist.  Perhaps I’m doing the same thing, but if enough people understand who Bateman really is, then my ordeal will have been worth it.

Bob’s outlandish, exaggerated, extremist prose is his hallmark.  It helps with the attention.  Consider:

My entree was, “I think that Robert E. Lee, as a traitor and betrayer of his solemn oath before God and the Constitution, was a much greater terrorist than Osama Bin Ladin… after all, Lee killed many more Americans than Bin Ladin, and almost destroyed the United States. What do you think?”

Yeah, I flunked “Subtle 101” in High School. Oh well. Like I said, I was not in a good place.

But the fact is that there was nothing that any of these men, and they were all men, could say in honest denial to my assertion. They sputtered and growled, spouted and shouted, but not once did it end well for them on any level. You see, if they were “unreconstructed rebels,” well then I was something almost none of them had ever experienced, an “unreconstructed Yankee.”

So that you understand him, he spells it out for you.  He is not just a narcissist, he is a narcissist with an agenda (oops, that may not be so good for a dispassionate “historian,” no?).  And his collectivist tendencies are usually obvious by the folks he hangs with.  For instance, a search of “Bateman” at CNAS (the center that advises Obama on foreign policy) turns up some attention there too.

Now based on the discussion above, consider his recommendation to end ownership of weapons at death.  Does anyone really think that this could ever obtain in America?  Men who have spent $20,000, or $30,000 or $40,000 or more on guns, scopes, optics and ammunition, and who have taught their sons to use those weapons for self defense and bonded by hunting game with those guns, are expected to turn over those weapons to the government to be cut up with a torch rather than turn them over to their sons as a heritage!

Does Bateman know what he is proposing for the armed forces and police of America in the coming years under such a protocol?  Of course he does.  And the irony is that he claims to loath violence.  Does Bateman know that it would take a violation of Posse Comitatus to even try to pull something like this off, breaking the law of the land?  Of course he does.  And does he know that tens or hundreds of thousands of men would perish as a result of his proposals?

Yes.  And thus has Bateman shored up his progressive credentials one more time, and gotten the attention he so desperately wants, all at the same time.  In the future, pay no attention to Mr. Bateman.  He’s a publicity hound and attention seeker, and uses inflammatory and exaggerated rhetoric to evoke responses.  The internet calls this a “troll.”  It’s just that he’s a troll with credentials – and he’s an expert on everything.  If you don’t believe it, just ask him.

WRSA

David Codrea

Kurt Hofmann

Mike Vanderboegh

Notes From HPS

BY Herschel Smith
12 years, 4 months ago

David Codrea:

The State of Connecticut’s Office of the State’s Attorney for the Judicial District of Danbury released its long-awaited report Monday on the shootings at Sandy Hook Elementary School. While representative mainstream press accounts seem focused on the killer taking his motives with him to his grave and other aspects of the report, a paragraph on page two in the Executive Summary contains the most important revelation applicable to future mass murder attempts …

Read the rest of David’s report.  This is why the notion that the police can be the amelioration for crime and all of its affects is mistaken and dangerous.  Self defense is the most reactive and quickest way to change the boundary conditions for the system.

David Codrea:

The National Shooting Sports Foundation (NSSF), the firearms industry’s trade association, has written letters to Congress urging both houses to reauthorize the Undetectable Firearms Act before it expires on Dec. 9 …

Oh, and I’m sure that the NSSF doesn’t have any skin in the game, do they?

But according to Kurt Hofmann, there may be a champion in the hall.

In other words, Schumer had hoped to pass the bill without any debate, and without any of the other procedural “speed bumps” intended to prevent legislation from being forced through before anyone has an opportunity to object … Senator Jeff Sessions (R-AL) thwarted Schumer’s plot.

Good for him.  Actually, according to Emily Miller, there is a nuance of this legislation I hadn’t thought of.

His scam was to have the bill expire again during the Senate’s lame duck session in 2014.  At that point, Mr. Schumer and his compadres could tack on the gun-control expansions that their vulnerable Democrats in rural and western states would not support in an election year.

Mr. Schumer and some Democrats on the Judiciary Committee had been trying recently to expand the scope of the ban to include millions of existing and non-threatening polymer magazines.

This is easy folks.  If someone brings this up in conversation with you, tell them that you cannot so much as take a penny through the detectors at the airport.  The notion that they are undetectable firearms is a lie.  Case closed.

Concerning off-duty cops and NFL games:

Yet when we contacted the business manager for the St. Louis Police Officers Association, he told us, he’d been given assurances by the Rams Security Director that this was only a recommendation and the Rams intended to continue to allow off-duty police to carry their service weapons into the Dome.

I sent a note to the NFL inquiring as to the accuracy of this report, i.e., that it is only a recommendation and not policy.  To the chagrin of the LEOs at reddit/guns, I supported the ban on high capacity magazines for LEOs in California if citizens weren’t allowed to have them either.  If citizens must be defenseless, then LEOs should be as well.  What’s fair is fair.  And I won’t likely hear back from the NFL.

Terry McAuliffe is already making moves on gun control in Virginia.  Because when you elect communists to office, they enact totalitarian measures – it’s who they are and what they do.

Uncle gives us a blast from the past on the Hughes Amendment when the honorable Ronald Reagan sold us out.  It might be a little more complex than that, but still, he shouldn’t have signed such an unconstitutional abomination.  And we still labor under that awful piece of legislation today.

Notes From HPS

BY Herschel Smith
12 years, 4 months ago

David Codrea:

If passed and signed into law, his bill would effectively negate the ability of concealed carry permit holders, or gun owners in states that recognize “Constitutional carry,” to lawfully carry their firearm when dropping off or picking passengers up, rendering them defenseless for the duration of the trip to and from an airport. And importantly, it “would take precedence over any city or state laws that allow weapons in any airports nationwide.”

Go read David’s piece and see what he’s talking about.  If something involves federal preemption of state laws, you know I’m going to be against it.  The federal government, in my view, has a right to raise armies for the common defense and build roads to enable interstate commerce.  Beyond that we’re in unconstitutional territory.

David:

… absolute hypocrisy of a billionaire who can afford an around-the-clock armed presence devoting a substantial amount of his time and untold millions of dollars with the goal of disarming everyone of more modest means.

That’s always the way it is with the people of means and fame.  Gun control for thee but not for me.

Kurt Hofmann:

… it becomes difficult to decide what is the most appalling–the unbridled savagery of the attacks: “One victim shown in the footage is a 46-year-old man from Hoboken, N.J., who was found dead with his neck broken and head lodged between iron fence posts, according to NJ.com,” or the chilling callousness of the descriptions of the “game” …

Kurt makes an excellent point about the size of the mobs doing this savagery and the need for more rounds than most of the gun control states allow in your weapon.

Michael Bane cites Charlie Rangel:

“No one makes a big deal of it, but if you’re a fly on the wall in any of their homes — I’ll tell you what: If you track the Confederate Army to the Dixiecrats, to the conversation of the Republicans, to the districts that were affected, you may be dealing with different labels, but if they were ever able to track down their ancestors, there’s a Confederate general in every damn living room.”

Michael then makes his way through his living room looking for a Confederate general and can’t find one.  Charlie doesn’t have to be a fly on the wall.  My picture is very prominent.

Jackson

Finally, a New Yorker’s view of guns from Adam Gopnik.  After admitting that gun violence mostly doesn’t happen outside of minority neighborhoods, he nonetheless wants to ameliorate a medical problem you have.

But it’s good, at least, to hear someone arguing the details and filling out the fact-picture, good to be reminded that the cultures and rituals of the gun, however irrational in nature, are still felt to be essential by the people who engage in them. Curing the irrationalities of human culture later depends on understanding them now.

He’s a collectivist and loyal hive member, and he wants to “cure your irrationalities.”  On a related note, sometimes I feel that I have nothing in common with New Yorkers except a language, and I’m beginning to wonder about that.

ATF On NFA Firearms In Estates

BY Herschel Smith
12 years, 4 months ago

I am reproducing this entire post brought to you by AmmoLand because if I am not mistaken it is a release by the ATF and not unique to AmmoLand.

ATF has found that Federal firearms licensees are often involved in the disposition of National Firearms Act (NFA) firearms in estates of decedents.

As a result, ATF receives questions from licensees about the procedures involved to comply with the law.

Information regarding registered firearms is protected tax information and the release of the information by ATF is restricted. In general, the release can only be made to the executor (administrator, personal representative, or whatever term is used for the person appointed and tasked with disposing of any property in an estate).

ATF can respond to general procedural questions by the licensees, but, for specific questions, the response can only be to the person noted above.

Prior to the release of any registration information, the person requesting the information must provide documentation of their status to the NFA Branch.

The firearms must remain in the possession of the executor, until a transfer application has been submitted and approved. A transfer would include the disposition of an NFA firearm to a licensee for consignment or safekeeping.

Any unregistered NFA firearm(s) in an estate are contraband and there is no means by which these firearms can be registered. The executor should contact the local ATF office to arrange for the disposition of these firearms. The disposition of an NFA firearm to a beneficiary of an estate is on a tax-exempt basis (using ATF Form 5 to update the registry). However, in the case of multiple beneficiaries, ATF will request a release from any beneficiary who is not receiving the firearm. The laws of the State in which the decedent resided determine who is a beneficiary. The application for transfer to the beneficiary must include the beneficiary’s fingerprints and photographs.

The disposition of a serviceable NFA firearm to a person who is not a beneficiary is on a tax paid basis (using ATF Form 4). The disposition of an unserviceable NFA firearm to a person who is not a beneficiary is on a tax-exempt basis (using ATF Form 5). As noted above, the requirements of the NFA apply for these dispositions.

If the disposition is to a person in another State and the person is not a Federal firearms licensee or a beneficiary, then the firearm must be transferred to a Federal firearm licensee in the recipient’s State. After approval of the transfer and receipt by the licensee, the licensee would then apply to transfer the firearm to the purchaser.

Good grief.  None of this would be an issue if the Congress had not passed the NFA (and you know my position, i.e., that the Second Amendment frames in the federal government and restricts their actions, making all gun laws passed at the federal level unconstitutional).  Furthermore, none of this would be a problem were it not for the ATF, which in my opinion is an illegitimate arm of the federal government given the way I see the Second Amendment.

But here we are, with armies of lawyers trying to figure out ways to comply with the regulations, with armies of lawyers inside the beltway trying to figure out ways to make it hard to comply with the regulations.  This is what happens when the federal government is too big and powerful, which is exactly what our wise founders tried to avoid.

Notes From HPS

BY Herschel Smith
12 years, 4 months ago

David Codrea:

The prevalence of guns in the Philippines is complicating efforts to bring relief to survivors of Typhoon Haiyan, the diplomatic correspondent for The Daily Telegraph asserted yesterday.

[ … ]

He appears to be getting those numbers from GunPolicy.org, a project of the Sydney School of Public Health that “promotes the public health model of firearm injury prevention, as adopted by the United Nations Programme of Action on illicit small arms.” It’s hardly an endeavor sympathetic to private gun ownership, but nonetheless provides a useful resource for unwittingly showing the utter failure of globalist citizen disarmament edicts at living up to their promise of a safer world. And as with other countries this column has reported on that used the website as a resource, a summary of gun laws for the Philippines is instructive.

“The regulation of guns in the Philippines is categorised as restrictive,” the policy assessment reports, but adding “In the Philippines, private possession of handguns (pistols and revolvers) is permitted.”

That would seem to exclude rifles …

Read the rest of David’s piece.  When the report came out I looked at what they’re citing as the rate of gun ownership, and concluded that this couldn’t possibly be the cause of the problems.  The problem is that this is on the other side of the world, they should have evacuated people before the storm, and the government is inefficient (what government is efficient?).  Guns have nothing to do with it, or so I concluded.  It’s just another chance to bring up personal freedoms and stomp on them if they can.  Oh, and by the way, I disagree wholeheartedly with the idea of using what used to be the most effective and violent fighting force on earth, the United States Marines, for missions of benevolence.  We need to find another way to conduct relief efforts.

Kurt Hofmann:

LA Times columnist George Skelton nevertheless takes Governor Brown to task for not being anti-gun enough, because one of the vast number of models of rifle the vetoed bill would have banned is supposedly the one used in the LAX “gun free zone” killing. From the LA Times:

Not that it would have mattered for Gerardo Hernandez, 39, the TSA agent who was murdered. The bill would not have taken effect until Jan. 1. And Paul Anthony Ciancia, 23, the disgruntled, alleged assassin, could have kept his semiautomatic rifle by registering it.

And, yes, he also could have armed himself with a handgun and probably inflicted the same damage.

Yep–Skelton admits that the incident he is using to bolster his argument condemning Brown’s veto would not have turned out any differently if Brown had signed the bill …

Kurt is doing what he does best.  He’s undermining the arguments of the gun controllers by examining their inconsistencies.  Gun control, like control of everything else, doesn’t work.  A person bent on killing will always do it, even if he has to learn to fabricate the tool himself.  The Texas tower shooter, Charles Whitman, used primarily bolt action rifles to inflict most of his damage.  The best option is always deregulation, i.e., get rid of gun free zones.  Gun free zones are for killers and their protectors, the lawmakers.

On another front, I didn’t know that we have U.S. federal agents doing the bidding of the Polish government?  I guess they don’t have anything else to do.

Chris Christie:

“If you look at what we’ve done in New Jersey, we want to control violence,” Christie told Chris Wallace on Fox News Sunday. “And some of that may involve firearms, but a lot of it doesn’t.”

Just reminding you again of what we’ve already discussed.  Chris Christie is an anti-gun nut from way back.  There could almost be no better reason to stay home during the next presidential election than if the GOP were to nominate him for office.  There isn’t a dime’s worth a difference between Hillary Clinton and him.  The former is a cackling, collectivist, totalitarian control freak, the later is the same thing except with a loud mouth.

Here I discussed my good experience with Springfield Armory.  It looks like I’m not the only one.

Michael Bane has some interesting comments:

… we have been having a “dialog” about the role of firearms in American society at least as long as I’ve been alive. IMHO, the “dialog” ended when the war began.

Let me say this again…we are at war with a segment of society whose sole goal is total civilian disarmament. We are not in a dialog. We are not in a debate. We are not in a healthy give-and-take in the Cornell University academic lounge. The primary weapon used by our blood enemies is the Big Lie.

It works like this…our enemy states a Big Lie, and I could list dozens, and we run around like little bitty chickens with our heads cut off, marshaling our arguments, footnoting our learned responses, bullet pointing our facts…and after the whole charade is over the enemy repeats the Big Lie, the lapdog media reports it as truth, and WE LOSE AGAIN!

Look at the thoroughly discredited “a gun in the home is 43% more likely to harm rather than protect the homeowner.” Probably more words have been written debunking that fake piece of trash than all Shakespeare’s plays and the complete transcribed Wikipedia, yet 2 weeks ago I read it presented as gospel truth in a daily newspaper website.

During the fight on the Colorado gun laws earlier this year, thousands of us came with our carefully prepared remarks, charts, studies, bullet points, facts — real honest to goodness facts. Our blood enemies, most notably Michael Bloomberg, shipped in a parade of liars…heads of fake organizations created by Bloomberg, a presentation of “polls” that wouldn’t meet even the most basic rules for polling, etc. We had the “indisputable” facts; they had the Big Lie. Who won?

Hint: It wasn’t us.

Good points all around, Michael.  But then, I’m not sure sure about this from Michael!  By the way, concerning Metcalf’s position that I discussed here, I don’t back down one bit from my position that the state is the right level for regulation of any kind, including firearms.  Of course, that’s not to say that there should be onerous regulation of firearms even at the state level.  Recall our previous discussions where I have said the fight is at the level where the founders wanted it, i.e., near the people and not with a centralized government.  The state constitutions, all of them if I am not mistaken, recognize the right to bear arms, although Illinois was late to the game (and some states are stronger than others).  The corollary to my position, of course, is that all laws made at the federal level are unconstitutional.  All of them.  Every last one.  When the states are weak, voters need to fire the politicians and put in honest men.

The Gun Fight In Virginia

BY Herschel Smith
12 years, 5 months ago

The Daily Beast:

If you were told a Republican has a 30-point lead in one of the two states that hold off-year gubernatorial elections, in the past you would have guessed Virginia, seat of the old confederacy, certainly not New Jersey. But the politics have flipped. Republican Chris Christie is cruising to victory in the blue state of New Jersey, and Democrat Terry McAuliffe has a big lead in Virginia, topping a ticket that could sweep enough Democrats into elective office to install a Democratic attorney general for the first time in decades and break the GOP’s lock on the Virginia General Assembly.

I’m not so sure, and the author may be whistling through the grave yard.  But continuing:

Seeing opportunity in this once red state on the issue New York City Mayor Michael Bloomberg cares most about, gun safety, his Independence USA super PAC, which he founded last year, contributed some $2 million to McAuliffe’s campaign and to the Virginia Democratic caucus overseeing state legislative races. On Tuesday—just seven days before Election Day— Independence USA directed another $1 million into the race for attorney general, where Democrat Mark Herring has a real chance to defeat Republican Mark Obenshain. As a state senator, Obenshain voted to repeal the one-handgun-a-month law and to allow guns in bars and daycare centers. He also supports the bulk purchase of guns and opposes closing the gun show loophole.

If McAuliffe wins, as the polls indicate, he will break a long-standing curse that whatever party holds the White House loses the governor’s race in Virginia. And he will buoy hopes among Democrats that Virginia is reliably purple, if not blue, in the 2016 presidential election.

Seeing opportunity in this once red state on the issue New York City Mayor Michael Bloomberg cares most about, gun safety, his Independence USA super PAC, which he founded last year, contributed some $2 million to McAuliffe’s campaign and to the Virginia Democratic caucus overseeing state legislative races. On Tuesday—just seven days before Election Day— Independence USA directed another $1 million into the race for attorney general, where Democrat Mark Herring has a real chance to defeat Republican Mark Obenshain. As a state senator, Obenshain voted to repeal the one-handgun-a-month law and to allow guns in bars and daycare centers. He also supports the bulk purchase of guns and opposes closing the gun show loophole.

If McAuliffe wins, as the polls indicate, he will break a long-standing curse that whatever party holds the White House loses the governor’s race in Virginia. And he will buoy hopes among Democrats that Virginia is reliably purple, if not blue, in the 2016 presidential election … The top three statewide candidates for the GOP are walking billboards for extremism, which gave McAuliffe plenty of running room, even among more rural voters, to the point where he could be more assertive on issues of gun safety than anyone had previously dared, calling for expanded background checks and limits on the size of gun magazines.

For my readers in Virginia, this is awesome.  This is where it’s at.  The fight is on your doorstep, and you must repel the invasion and take it to the enemy.  The State is where the battles for our liberty should be waged, and if you lose I don’t want to hear any bullshit excuses and plans for taking your loss of gun rights before the totalitarian federal court system and whining about the second amendment.

I don’t intend to sound unsympathetic or mean spirited, but if your state elects the ass-clown Terry McAuliffe to the office of Governor, you deserve everything you get.  Again, I’m sorry, but win or move.  The battle lines are drawn, and the federal leviathan will not help you maintain your rights.

Win the battles or move from Virginia and take everything with you when you go.

The Stark Divide Over Gun Laws

BY Herschel Smith
12 years, 5 months ago

As readers know I’m usually bored with polls.  But The Washington Post had an interesting piece entitled The Start Divide Over Gun Laws – In Two Charts.

The best way to describe Americans’ overall attitude to current gun laws? One word — split.

A new Gallup poll shows that nearly half of adults say laws concerning guns sales should be tightened, while 50 percent say they should be unaltered or loosened.

Wait.  You mean all that stuff about 90%+ of all people wanting universal background checks was all just horse shit?  You mean they were just making that up because they know the GOP just sticks its fingers into the air to see which way the wind is blowing rather than make laws based on principle?  You mean the collectivists can’t be trusted?

Gosh.  It seems that someone should have said something about that before now.

Guns And The Mentally Ill: A Professional Assessment

BY Herschel Smith
12 years, 5 months ago

Science Daily:

A string of public mass shootings during the past decade-plus have rocked America leaving policymakers and mental health experts alike fishing for solutions to prevent these heinous crimes. A Mayo Clinic physician, however, argues that at least one proposal won’t stop the public massacres: restricting gun access to the mentally ill. J. Michael Bostwick, M.D., a Mayo Clinic psychiatrist and author of the editorial published online in Mayo Clinic Proceedings today, argues several points including that mass shootings are carefully planned — often spanning weeks or months. There is plenty of time for a meticulous planner and determined killer to get a gun somewhere in that time, he argues.

Dr. Bostwick’s editorial is a commentary on an essay in the same issue of Proceedings titled “Guns, Schools, and Mental Illness: Potential Concerns for Physicians and Mental Health Professionals.” The authors focus on recent mass shootings and argue that these actions were not and could not have been prevented by more restrictive gun legislation. They further contend that a diagnosis of mental illness does not justify stripping Second Amendment rights from all who carry such a diagnosis, most of whom will never commit violent acts toward others.

Before reading the essay Dr. Bostwick — who is generally in favor of gun control — expected to disagree with its contents. Instead, he agreed.

“We physicians generally do not know enough about firearms to have an informed conversation with our patients, let alone counsel them about gun safety,” says Dr. Bostwick. “We also tend to ignore the reality that as long as the Second Amendment is the law of the land, the right to bear arms and therefore personal gun ownership, whether of long guns for hunting or handguns for personal protection, will be an integral part of the American scene.”

A few points Dr. Bostwick argues:

  • Even if every mentally ill person in the country were registered, the system isn’t prepared to handle them — and only about half of the states require registration.
  • Only about 10 percent of mentally ill people are registered — and these are people who have been committed, they’ve come to attention in a way that requires court intervention
  • Literature says the vast majority of people who do these kinds of shootings are not mentally ill — or it is recognized after the fact
  • The majority of mentally ill people aren’t dangerous
  • Mentally ill people in a country with gun rights, still have rights.

So let’s see.  Mental illness isn’t a very good predictor of propensity to violence, especially mass violence.  Even if it were, doctors cannot diagnose it well enough to intrude on the rights of others.  Their record is comparatively poor.  Mental illness isn’t the hallmark of said actions – rather, it is pre-meditation and planning.

This seems rather important.  Someone should have talked about this before.  No, really.  I mean it.  I really mean it.


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