Archive for the 'Gun Control' Category



North Carolina Sheriffs On Purchasing And Carrying Weapons

BY Herschel Smith
13 years, 2 months ago

Via David Codrea, N.C. Sheriffs on purchasing weapons:

The North Carolina Sheriffs’ Association (NCSA) is pressuring both House Speaker Thom Tillis (R, Mecklenburg, GRNC ****)  and NC Governor Pat McCrory (R, GRNC-***) to oppose GRNC’s repeal of the antiquated pistol purchase permit system that has been in place since 1919. As part of omnibus gun bill HB 937, which contains restaurant and limited campus carry, the purchase permit law would be repealed IF the House votes to concur with Senate improvements to the bill and IF Gov. McCrory doesn’t veto it.

The purchase permit law slated for elimination through HB 937 was designed to grant discriminatory power to NC Sheriffs and enable them to subjectively deny handguns whoever they consider “undesirable.” To this day, several counties abuse the permit system in ways that make it difficult for law-abiding citizens to rightfully obtain handguns.

Ironically, as documented by The Charlotte Observer, the law sheriffs defend is  letting untold numbers of felons bypass background checks to buy guns. Why? Because the untrackable slips of paper issued by sheriffs after background checks can’t be repealed and are good for 5 years. Eliminating the system would mean that checks using the National Instant Background Check System (NICS) would be done at the point of sale.

I don’t want to turn this conversation into one on open carry of firearms, but it’s relevant.  I’ve discussed before that I openly carry a weapon from time to time, mostly when I am trying to avoid sweating my weapon and don’t want to carry IWB.  The Charlotte-Mecklenburg Police respect that choice, and smile and wave when they see me.

But it isn’t like that everywhere.  Even the CMPD has to be reminded of our rights.

Sean Sorrentino notes an instance where the 4th Circuit had to reprimand the Charlotte Police for using openly carrying a weapon as a reason to stop an individual, even someone who later turned out to have been guilty of a crime.  Even worse, I know individuals who live around the Lake Norman / Huntersville area (North of Charlotte) who openly carry, and one particular individual has been stopped by both local and state police.  Both times the law enforcement officer unholstered his weapon and pointed at my friend for doing nothing more than walking on the sidewalk.

Note to law enforcement in North Carolina.  The answer above by the Charlotte-Mecklenburg Police (“not breaking any laws …”) is the right one.  You cannot lawfully detain or arrest someone for openly carrying a weapon.  It is legal in North Carolina, as North Carolina is a traditional open carry state.  LEOs need to know and understand the law.  If you continue to unholster and point your weapons at someone who is behaving legally, an innocent person will eventually be harmed or killed and you will be responsible for it.  Don’t be ignorant.  Be thinking men and women.

Isn’t it ironic that the only ones who want final say over who can carry a weapon are some of the very ones who will unholster their weapons and point them at law abiding citizens?  I would be arrested and charged with brandishing a firearm, assault with a deadly weapon (assault can mean perceived intent), and a host of other things if I did that.  But then again, I don’t get to argue in front of the court that I wanted to make sure that I “went home at the end of the day.”  Only LEOs get to do that.

Local LEO approval of firearms purchases is a throwback to Jim Crow laws, plain and simple.  Their approval does nothing that form 4473 doesn’t accomplish.  And LEOs who point their weapons at law abiding open carriers should be prosecuted for crimes in court.

Ms. Magazine Does Guns

BY Herschel Smith
13 years, 2 months ago

Ms. Magazine:

My hands are shaking; my adrenaline is surging.

No, it’s not from the latte I just inhaled or because this is the first time in two years I’ve been in a Starbucks since declaring a boycott on its open-carry gun policy.

What’s got me jittery this morning is the 9mm Glock that’s holstered on my hip. Me, lead gun policy protester at the 2010 Starbuck’s shareholder meeting. Me, a board member of the Brady Campaign. Me, the author of a book about the impact of gun violence, Beyond the Bullet.

Yes, I bought a handgun and will carry it everywhere I go over the next 30 days. I have four rules: Carry it with me at all times, follow the laws of my state, only do what is minimally required for permits, licensing, purchasing and carrying, and finally be prepared to use it for protecting myself at home or in public.

[ … ]

It was obvious from the way I handled the gun that I knew nothing about firearms. Tony sold it to me anyway. The whole thing took 7 minutes. As a gratified consumer, I thought, “Well, that was easy.” Then the terrifying reality hit me, “Holy hell, that was EASY.”  Too easy. I still knew nothing about firearms.

Tony told me a Glock doesn’t have an external safety feature, so when I got home and opened the box and saw the magazine in the gun I freaked. I was too scared to try and eject it as thoughts flooded my mind of me accidentally shooting the gun and a bullet hitting my son in the house or rupturing the gas tank of my car, followed by an earth-shaking explosion. This was the first time my hands shook from the adrenaline surge and the first time I questioned the wisdom of this 30-day experiment.

I needed help. I drove to where a police officer had pulled over another driver. Now, writing this, I realize that rolling up on an on-duty cop with a handgun in tow might not have been fully thought through.

I told him I just bought a gun, had no clue how to use it. I asked him to make sure there were no bullets in the magazine or chamber. He took the magazine out and cleared the chamber. He assured me it was empty and showed me how to look. Then he told me how great the gun was and how he had one just like it.

The cop thought I was an idiot and suggested I take a class. But up to that point I’d done nothing wrong, nothing illegal.

On the contrary.  She’s done everything wrong, from refusing to get adequate training on her firearm and the laws of her state, to asking a cop about anything.

The drama is exhausting and breathtaking.  But the thing that really worries me isn’t that she has a gun.  It’s that bimbos like this can purchase an SUV the size and weight of my Ford F150 and drive it down the road with screaming kids in the back whilst jabbering on the cell phone attached to her ear, after qualifying with a driving test that a monkey could be trained to take.

Makes you stop and ponder, no?  It’s one reason I drive so defensively on the road nowadays.

Adventures In Nullification

BY Herschel Smith
13 years, 2 months ago

ABC News, Denver:

GREELEY, Colo. – Weld County commissioners have voted to unanimously to approve an ordinance restricting the creation of local gun control measures.

The County Commissioners object to gun control measures passed during the most recent legislative session and signed into law by the Governor. Among other things, the new laws limit the amount of ammunition in magazines, adds a background check requirement for private sales, creates a fee for background checks and requires concealed carry permit classes be taken in person.

Although the county commissioners can’t override state law, all five commissioners voted to approve an ordinance that prevents the county from further restricting gun rights. The protections in Weld County Code Ordinance 2013-4 establish tit for tat protections directly opposed to the new state laws.

“What we did today was take the strongest action legally according to our county attorney that we could take,” said Commissioner Sean Conway. “I think it’s a start. I think it tells our citizens that this board is very concerned with the action that was undertaken by the legislature and was signed into law.”

The article is a little short on details, but it would be nice if they would disavow any lawsuit and focus not on what they can’t do, but what they can do.  They can dispatch the local sheriff to prohibit enforcement of the new state law and let the chips fall where they may.

Connecticut Gun Laws Go From Bad To Worse

BY Herschel Smith
13 years, 2 months ago

ABC News:

Connecticut lawmakers who passed strict new gun control measures in response to the Sandy Hook Elementary School massacre approved a package of revisions Monday to reduce confusion about the new rules and expand the list of officials who can legally possess restricted firearms.

Both chambers of the state legislature voted to adopt changes and exemptions to the bipartisan deal that strengthened the state’s assault weapons ban and banned the sale of high-capacity magazines.

The legislation emerged from a bipartisan working group that sought to refine the original gun control bill, which proponents hailed as one of the most far-reaching in the nation, in response to ambiguity that came to light in part through feedback from constituents and gun owners. A spokesman for Gov. Dannel P. Malloy said he supports the changes.

The new bill allows individuals to possess and register assault weapons they purchased or placed on consignment prior to or on April 4, the day the gun control law was passed, but did not receive until after that date.

The bill also clarifies the status of .22-caliber rimfire rifles, defining them as assault weapons when fitted with a detachable magazine and more than one of several features including a folding or telescoping stock, bayonet mount or flash suppressor. With passage of Monday’s revisions, the firearm so constructed will no longer be available for sale in Connecticut, but consumers who purchased it since April 4 will be allowed to register and keep it.

The revisions expand the list of inspectors and enforcement officers who can legally possess and purchase the banned firearms to include sworn and certified officers at the department of motor vehicles, the chief state’s attorney office, the department of energy and environmental protection and some constables with police certification. It exempts such officers from the certificate requirement for long gun ownership, and allows them to maintain possession of assault weapons and large capacity magazines after their service ends by registering them.

Like the State Department of Energy or EPA needs weapons!  So it looks like this bill expands the list of state employees and former state employees who can own banned weapons, and then puts .22LR rifles in the same category if they have scary features.

Hey.  It’s Connecticut.  What do you expect?  I hope the state of Connecticut fails as badly as I hope that the state of Colorado fails.  Utterly and completely.  There is no better or surer teacher than consequences.

Does Colorado Gun Tax Revenue Compensate For The Boycott?

BY Herschel Smith
13 years, 2 months ago

Denver Post:

In time, President Barack Obama and Gov. John Hickenlooper may be considered the greatest gun salesmen since Remington and Winchester. And, in turn, they could be viewed as colossal contributors to federal and state habitat and wildlife programs.

According to a Congressional Research Service report published this spring by natural resource and economic policy specialists M. Lynne Corn and Jane G. Gravelle, fears spurred from “recent debate over guns, gun rights and gun-related violence” have generated a spike in sales of guns and ammunition. As a result, the federal excise tax known as the Pittman-Robertson Wildlife Restoration Act of 1937, which funds state projects to benefit wildlife resources and hunter education, reached a record $555.3 million in fiscal year 2012, an increase of 43 percent over the $388 million generated the year before.

“With reports of surges in gun sales due to current controversies over guns rights and gun-related violence, substantially more funds seem likely to be available in FY2014,” the report states.

Funny enough, the previous single-year record for the excise tax placed on guns, ammunition and archery equipment was $474 million in 2009-10, which was credited primarily to Obama’s first election.

There is a poetic justice, from the wildlife management perspective, in record funds appropriated to our state in the face of a threatened boycott of hunting in Colorado this fall in protest of gun control laws recently signed by the governor. Even after accounting for a 5 percent federal cut because of sequestration, Colorado Parks and Wildlife’s slice of the Pittman-Robertson pie will bump up from $9.3 million in 2012 to $13.1 million in 2013.

Although any impact of a boycott isn’t likely to be known before next year, the current gush in gun and ammunition sales offers promising compensation for any loss of income from licenses. It is important to recognize, though, that Pittman-Robertson funds must be used specifically for projects benefiting wildlife resources and hunter education programs.

This is a fascinating analysis on multiple levels.  To the author, it’s “poetic justice” that Colorado would benefit from the gun laws and boycott.  But only someone who thinks this way would even consider equating justice and economic benefit with revenues to the government for hunter education programs and one department’s slice of the pie versus other departments.

To be sure, there are many small businesses who will suffer in the wake of the boycott, which is more far reaching that the author admits or perhaps even knows.  Additionally, people are purchasing guns for reasons that the author would find troublesome rather than for hunting.

But time and change will serve to educate both the author of this analysis and the authors of the new gun laws.  I am double minded concerning the courtroom challenges to the Colorado gun laws.  On the one hand I want them to succeed, and on the other hand I want Colorado to fail in the wake movement towards totalitarianism.  I am not saying that I want Colorado gun laws to fail – I am saying that I want Colorado to fail.  There is no better or surer teacher than consequences.

The 90% Myth

BY Herschel Smith
13 years, 2 months ago

Reason.com:

President Barack Obama has vowed to keep pushing for new gun control measures and Senate Majority Leader Harry Reid said the failed gun vote in the Senate was “just the beginning.” However, the latest Reason-Rupe national poll finds just 33 percent of Americans feel the “Senate should debate and vote on gun control legislation again,” while 62 percent want the Senate to “move on to other issues.”

This data is surprising given earlier polls finding what appeared to be overwhelming support for expanding background check for firearm purchases. For instance, Gallup found that 83 percent of Americans favored a law requiring background checks for all gun purchases.

But the data isn’t surprising to me.  I told you so.  Phrased the right way and posed at the right time, a pollster could get 80%-90% of Americans to agree that the moon is made of green cheese.  That’s why the polls are meaningless.

Some were even loaded, ready for firing!

BY Herschel Smith
13 years, 3 months ago

From Australia:

The problem with this government is that it takes an eternity for it to act on crucial law enforcement laws, Michelle Roberts, Australian State Opposition’s police spokeswoman, ranted on Tuesday.

Last week, detectives from Western Australia, acting on an anonymous tip, raided South Beach hotel in Fremantle and three properties in Caversham which yielded a massive cache of guns and ammunition, including a Chinese assault rifle and a laser-sighted Magnum handgun as well as thousands of rounds of ammunition.

Only half of those confiscated in the Caversham houses were licensed. Police noted that some of the firearms were unsecured, and scattered in different locations around the houses. Some were even loaded, ready for firing.

Well if they were “scattered in different locations around the house” and were “loaded, ready for firing,” then those dudes must have been really dangerous indeed.

I have more than enough guns for every room in the house, and (gasp) they’re “loaded, ready for firing!”  Who would have a gun that wasn’t ready for firing?  Why would someone spend effort and money on such a thing?  Is it a paperweight?  What do these journalists think we do with guns, and why do they think we have them?

Seriously.  As I read some of this claptrap I just don’t know.  Does this journalist have an automobile in her driveway (gasp!) with tires, ready for driving, or food in her kitchen, ready for cooking?

Is Universal Background Check Really Dead?

BY Herschel Smith
13 years, 3 months ago

NYT:

A strange thing happened after 45 senators killed a bill to expand background checks for gun buyers five weeks ago: many of those same senators suddenly discovered a profound affection for background checks. They had been for them all along, it turns out, and wanted nothing more than to keep guns out of the hands of felons.

“Knowing your interest in gun control, I wanted to give you an update on legislation I have co-sponsored and supported recently,” Senator Dean Heller, Republican of Nevada, wrote to his constituents earlier this month. “I have been adamant from the beginning of the gun control debate that our current background check system needs strengthening and improving.”

[ … ]

This kind of dissembling by gun control opponents has been rampant for years, but rarely have the National Rifle Association’s most captive lawmakers been so nakedly deceptive as in the weeks since public rage grew over the gun vote. Senator Kelly Ayotte, Republican of New Hampshire, also voted against the Manchin-Toomey measure, and she immediately suffered the backlash of angry voters in her state. So she issued a statement saying “I support effective background checks” and reminding voters that she had backed the misleadingly named Protecting Communities and Preserving the Second Amendment Act — a measure that does nothing to close the loopholes for Internet or gun-show sales and that was, in fact, supported by the N.R.A. because it actually makes it easier to transport guns across state lines.

But triangulating and equivocating is what politicians do these days.  It doesn’t mean that the universal background check will end up law.  However, let’s suppose that the NYT editorial board is right (later on in the editorial), and this issue isn’t going away.

Very well.  Bring it.  We defeated you once, and we’ll do it again.  Word to everyone who has been entrusted with a stewardship of a vote in the House or Senate.  This won’t make it past the Senate, but even if it does, it will go down in remarkable and inglorious flames in the House.

When it does, support for this bastard proposal will haunt you for the rest of your lives.  Gun owners never forgive, and never forget.  Don’t believe the hype about public support for universal background checks.  It’s all a lie.

Tread carefully.

Guns And Terror In Great Britain

BY Herschel Smith
13 years, 3 months ago

The Telegraph:

In the first terrorist murder on the British mainland since the 7/7 suicide bombings of 2005, the men attempted to behead the soldier, hacking at him like a “piece of meat” in front of dozens of witnesses, before both were shot by police who took around 20 minutes to arrive.

After the killing, one of the men, believed to be a British-born Muslim convert, spoke calmly into a witness’s video phone.

Speaking with a London accent, holding a knife and a meat cleaver and with his hands dripping with blood, he said: “We swear by almighty Allah we will never stop fighting you until you leave us alone. Your people will never be safe …

Witnesses said that the men used a car to run over the soldier just yards from the Royal Artillery Barracks in Woolwich, south-east London, before setting about him with knives and a meat cleaver as if they were “trying to remove organs” …

There were also questions over why it took around 20 minutes for armed police to arrive on the scene, during which time the killers calmly walked up and down the road, carrying their bloodied knives and a pistol, while members of the public confronted them.

So let’s run down the facts.  Two men armed with knives and a gun hack another man to death, the police respond no sooner than twenty minutes after the attack, and laws in England virtually prohibit carrying of weapons or owning of weapons beyond firearms used for hunting (which cannot be carried on your person).

So to repeat.  Man prohibited from owning a gun gets killed by criminals who were prohibited from owning a gun but who didn’t have any regard for the law since they were criminals.  People who witnessed the crime could only shout at them since they didn’t have guns either.

Got it.

The Low-Tech Way Guns Get Traced

BY Herschel Smith
13 years, 3 months ago

From NPR.  None of this is a surprise to any of my readers, but the main thing to recognize is that when they refer to trace, they mean trace it to a gun dealer.  So a serial number gets traced to a wholesaler, who then can trace it to an FFL, who then (unfortunately) has the form 4473 on file.

What they don’t say, and what they can’t do, is tell whether a gun has been privately sold to another individual.  This happens often, and it’s legal as it should be.

I’m fine with this being low-tech, and I’m fine with the ATF being unable to trace it to the actual owner in a large number of cases.  Being not okay with this means belief in a national gun registry, and that would be anathema to believers in liberty, and a function of a wicked government since all gun control is evil.


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