The Totalitarians Never Sleep
BY Herschel SmithNews about Nevada.
NYT.
ALBANY, N.Y. — New York State lawmakers passed legislation on Tuesday intended to allow civil lawsuits to be brought against firearm manufacturers and dealers, an attempt to circumvent the broad immunity gun companies currently enjoy under federal law.
The bill, passed by the Democratic-controlled State Legislature, is the first of its kind in the nation to specifically classify the illegal or improper marketing or sale of guns as a nuisance — a technical classification that state lawmakers say would open the gun industry to civil liability suits in New York.
The approach, if successful, could prompt other states to follow suit as many cities grapple with rising gun violence. Indeed, Gov. Phil Murphy of New Jersey has already indicated he supports a similar proposal.
The move comes a few months after President Biden reiterated his support of repealing a 2005 federal statute that gave gun manufacturers far-reaching immunity from being sued by victims of gun violence and their relatives.
The 2005 law, the Protection of Lawful Commerce in Arms Act, protects gun producers and firearm dealers from being held liable when crimes are carried out with their products. The federal statute, however, did not shield manufacturers in some cases, such as when they break state laws in their sales and marketing practices — an exception that the New York bill seeks to exploit.
State lawmakers believe that the gun industry can be held liable under state law if its sales and marketing practices create a nuisance. The bill requires that gun companies establish “reasonable controls” to prevent their guns from being used, marketed or sold illegally in New York. If the companies do not do so, the bill empowers the state attorney general and cities to take legal action against them, and allows individuals to seek damages if they were hurt as a result of a gun company’s actions.
There’s a relatively easy way to handle this. If this gets signed into law in NY, all firearms manufacturers who care about liberty should stop selling firearms to all law enforcement in the state of New York, including federal (FBI, Marshals Service, etc.) and all state, county and city law enforcement.
No Glocks, no S&W M&Ps, no Sigs, no FNs, no patrol rifles of any kind, including ARs, no long range bolt action rifles, and no replacement parts, build kits, or cleaning supplies (e.g., from Brownells, Midway, or anywhere). No ammunition sent to law enforcement in NY, not from individual suppliers or wholesalers, and no mail order (Ammoseek could quite easily exclude suppliers who send ammunition to New York state at all).
Do it and see how they like playing hard ball. But then, all firearms manufacturers and suppliers won’t make such a decision and follow through, will they?
Will they? Because $$$$.
Until they get sued themselves under the new law. There are ways to beat gun control – those ways just require a new paradigm and true commitment to something other than $$$$.
We’ve all seen the ruling in California concerning AR-15s, a ruling that was righteous and correct, but which is likely to be overturned by the Ninth Circus.
Anyway, here is a sampling of the reactions from the chattering class.
“Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” U.S. District Judge Roger Benitez said in the ruling. Leaving aside the question of why civilians are purchasing “homeland defense equipment” (did we forget to include the Army line in the budget this year?), this makes total sense.
What two items could be more directly and obviously comparable than an AR-15 and a Swiss Army knife? I can’t think of how many times I’ve used an AR-15 to open a bottle of wine. Whenever I need a toothpick but cannot find one, I just whip out my AR-15. Conversely, whenever I am entering a theater of war, I always remember to pack my Swiss Army knife. That way, if anyone comes at me, I can offer to help them open a bottle, which will be so confusing to them that perhaps I can just get up and walk away before anyone notices I have gone. I very much understand how things work in theaters of war.
Sometimes you wish you had a nail file, but you don’t have one, and at times like these it is so good to have such a versatile tool as the AR-15, designed for home defense and homeland defense, which will shoot a very large number of bullets into something to help you express your frustration at not having a nail file.
How often have you thought, “I wish I had a pair of scissors and a corkscrew that fit into my pocket?” and then reached into your pocket and felt it: the AR-15.
And the lame attempts at sarcasm go on and on. Here is another.
“I think it’s incredibly problematic when a federal judge quotes things that are factually incorrect, because it hurts the integrity of the branch,” said Jessica Levinson, a law professor at Loyola Marymount University in Los Angeles who is an MSNBC columnist.
[ … ]
Constitutional law scholar Laurence Tribe, a professor emeritus at Harvard Law School, said Benitez’s assertions are “utterly without factual foundation.”
It’s called the genetic fallacy. This author tries to line up people who disagree with the judge, one of whom is a commentator for none other than his own silly outfit, the other (Tribe) whom you could probably get to agree to sue little green men on Mars in federal court. He’s a certifiable kook.
What these commentators and their line of “experts” simply cannot understand is why the judge would call this the Swiss army knife of guns.
They cannot understand that there are over twenty million of these rifles in circulation now, and many more to come. They cannot understand that they can be used equally well by people large and small.
They can be easily maintained and cleaned, used for self defense, used for target shooting, and with a different upper receiver (say a 300 BO or 6.8 SPC upper) used for hunting deer or feral hogs – or used in 5.56mm/.223 to shoot Coyotes who are ensconced on your property and endangering your small children when they go out to play.
These people have never been chased by hogs or coyotes, never had all of their chickens killed by a fox, never hunted deer, and apparently never had to worry about crime, living behind gated communities as they do.
They falsely believe that home invasions are perpetrated by one person, and only one person, and that the police are only seconds away when a 911 call is made. They even believe it’s the duty of the police to protect them despite court rulings like Castle Rock v. Gonzalez, Warren v. District of Columbia and DeShaney v. Winnebago County
And as for the whole notion of use to ameliorate tyranny, they would have sided with King George, so that argument convinces them of nothing. They believe in tyranny.
There is no use of a weapon by any individual outside of actors on behalf of the state of which they approve.
These people quite literally live in a different world than you do. They usually do not get outside the beltway, they only fly over the areas you live, and those nasty animals are something the wildlife game managers should handle.
I’ve talked with them before. Their most daring event is when they walk their dog and hear something in the brush, hurry back home, and decide not to do that again so near dusk.
They are the effeminate chattering class, and they don’t see why you need or would want guns. They don’t understand the modularity of AR-15s well enough to know why a judge would refer to its massively varied utility. They would rather sip Chardonnay than worry about your problems.
They know enough to be sarcastic, and to want to disarm you. But that horse left the barn years ago. There’s no getting him back in. He’s long gone.
Via The Gun Feed.
The University of Michigan will launch a new Institute for Firearm Injury Prevention to generate knowledge and advance innovative solutions that reduce firearm injury, a public health crisis that leads to more than 100 deaths per day across the United States.
[ … ]
A $10 million university commitment over the next five years will support the institute, which launched as a presidential initiative in 2019 to formulate and answer critical questions around safety and violence.
This is a lot of funding, and it will turn into an even larger gun control study center than the one at Duke University.
The University of Michigan is famous for a number of things, perhaps chief among them is the fact that they have the leading college of nuclear engineering in the world. I’d prefer to see them send $10 million to the college of nuclear engineering.
Next up, this is just more from Kimber.
Wow! Former Kimber executive, Ryan Busse, signs on with gun-ban advocates at Giffords. pic.twitter.com/8BIAQwNqZa
— Tom Gresham (@Guntalk) June 6, 2021
This is a well know problem for Kimber, and when he originally came out as a gun controller Kimber denied even knowing the positions taken by Busse.
But it’s difficult to see how the company wouldn’t know the political proclivities of one of their chief executives.
The maximum length of a pistol would be 26 inches. That would make any AR15 style pistol with a barrel over seven inches an SBR regardless of any other determination features. The measurements of a seven-inch AR pistol from the rear of the buffer tube to the front of the gun are 25 inches.
“Given the public interest surrounding these issues, ATF is proposing to amend the definition of ‘rifle’ in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition. The new sentence would clarify that the term ‘rifle’ includes any weapon with a rifled barrel and equipped with15 an attached ‘stabilizing brace’ that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder, as indicated on ATF Worksheet 4999.”
- 1 point: Minor Indicator (the weapon could be fired from the shoulder)
- 2 points: Moderate Indicator (the weapon may be designed and intended to be fired from the shoulder)
- 3 points: Strong Indicator (the weapon is likely designed and intended to be fired from the shoulder)
- 4 points: Decisive Indicator (the weapon is designed and intended to be fired from the shoulder
The ATF would consider any gun with a score of four or more points an SBR. Firearms over 13 ½ inches would automatically be an SBR. If a pistol has a standard buffer tube, then the firearm would be assigned two points. The ATF would consider any gun that is over 120 ounces unloaded an SBR.
More confusingly, if a firearm has flip-up sights, then the ATF would give that gun one point towards becoming an SBR. The ATF would assign a gun with a red dot two points. The ATF doesn’t see why a shooter would use a red dot pistol on a pistol.
The ATF would assign any gun with a hand stop two points. That would put any firearm with a hand stop halfway to becoming an SBR. The ATF would consider any gun with a secondary grip as an SBR.
[ … ]
The first choice is turning the guns into the ATF. The ATF says this choice would be at “no-cost” to gun owners. This move is gun confiscation. The second choice would be to install a barrel that more than 16 inches long. The third choice is to pay a $200 tax stamp and register it as an SBR. The final option would be to modify the brace and not sell it to anyone in the future.
The document gives some alternatives. These alternatives include making the rules just guidance. That chance would mean that they would not have the force of law. Other alternatives include grandfathering all firearms with braces or forgiveness of the tax stamp fee.
Sounds like a beauty contest where contestants answer panelist questions about solving world hunger.
They must be trying to outdo the complexity, stupidity and arbitrariness of 18 USC 922r.
UPDATE: Via David Codrea, GOA.
“Nearly every aspect of the Proposed Rule is either arbitrary and capricious, in excess of the agency’s jurisdiction, or in conflict with either statute or constitutional right. Often, it is all of the above. Numerous times, the Proposed Rule purports to blatantly rewrite federal law to suit ATF’s agenda.”
Don’t underestimate the damage he can do to firearms manufacturers through rule making. I’ve often lamented rule making through the federal register, effectively a bypass around law making through the senate and house (not that that’s routinely any better than rule making, just a bit more difficult).
And never forget his involvement in the killing of women and children in Waco, Texas. Proud of it, he was, stopping in the aftermath to pose for a picture in front of the wreckage he helped to create.
Background checks. More. Give us background checks.
A record number of gun sales along with the disruption to normal life by the coronavirus pandemic have contributed to a 25% surge in homicides and non-suicide-related shootings in 2020, according to a gun control advocacy group.
“What we know is the year will be remembered for two conflicting, compounding public health crises — COVID-19 and gWith more guns being purchased and trafficked than ever, Suplina is calling for a nationwide mandate on background checks, “so that gun traffickers and criminals don’t go shopping across state lines.”un violence,” said Nick Suplina, the managing director for law and policy of Everytown for Gun Safety.
[ … ]
With more guns being purchased and trafficked than ever, Suplina is calling for a nationwide mandate on background checks, “so that gun traffickers and criminals don’t go shopping across state lines.”
Oops. Maybe they didn’t get the memo.
After a shooting in America gets national attention, the debate usually centers around a few gun control measures, particularly universal background checks and an assault weapons ban. That’s what happened after the April mass shooting at a FedEx facility in Indianapolis — with President Joe Biden calling on Congress to pass both measures.
But if America wants to make a real dent in gun violence, it might want to consider another approach: requiring a license to buy and own a firearm.
For one, the evidence on the effects of universal background checks and assault weapons bans is pretty weak. Several studies in recent years have found that universal background checks, at least on their own, don’t seem to have a big effect on gun deaths. Similarly, the research on assault weapons bans, including the national ban that Biden helped pass in 1994, found they have little effect on gun violence, largely because the vast majority of such violence is committed with handguns.
But there’s some solid evidence that a license system reduces gun deaths. A 2018 study from researchers at Johns Hopkins University found that universal background checks alone correlated with more gun homicides in urban counties, while license systems were associated with fewer gun homicides. Other studies have similarly found that license requirements lead to fewer gun deaths.
[ … ]
In Massachusetts, one of the few states with a license system, obtaining a permit requires going through a multi-step process involving interviews with police, background checks, a gun safety training course, and more. Even if a person passes all of that, the local police chief can deny an application anyway. That creates more points at which an applicant can be identified as too dangerous to own a gun; it makes getting and owning a gun harder.
Whatever one makes of all of this, the evidence strongly suggests the license requirement works. Massachusetts, for one, has the lowest rate of gun deaths in the country.
Don’t give us background checks – they don’t work. Give us license requirements. Oops. Maybe they didn’t get the memo.
Mass shootings in Massachusetts increased to eight in 2020 from five the year before, while nationally mass shootings jumped nearly 50% during a pandemic with crippling unemployment, violent protests and idle youth.
In 2020, Massachusetts reported eight mass shootings that killed five and injured 33. A year earlier, the state had five mass shootings that killed seven and injured 17.
Among Massachusetts’s deadliest shootings last year was one Dec. 26 in Lynn that killed one and injured five.
Or the other memo. Gun owning Wyoming is much safer than Massachusetts.
They just want to control you. They want to disarm you and make you subjects of the globalist power system. All of the arguments aren’t really intended to be logical or consistent.
Controllers are the same everywhere and in all times and eras. I’ve had this debate before over gun bans by the Nazis. It’s claimed that they weren’t really gun banners because some people were able to keep theirs.
Right. Gun bans don’t affect everyone, just those for whom the bans have been targeted. Just like in South Africa. Those poor folks are in real trouble and stand to lose everything.
The wealthy think they will be eaten by the crocodile last.
President Vladimir Putin expressed condolences to the victims on Monday and immediately ordered authorities to tighten up gun regulations.
Putin’s spokesman Dmitry Peskov said Putin had ordered the head of Russia’s National Guard that oversees gun ownership to develop new rules for the type of weapons civilians are permitted to possess. Peskov said the change was needed to address to assault weapons sometimes being improperly classed as hunting rifles.
Russia’s National Guard quickly said it would fulfil Putin’s order to develop the new rules in coordination with other government bodies.
Sounds like something you’d hear from the American communists.
Via David Codrea.
Hey. Calling Rob Pincus. Was it worth it to throw away your friendships in the community?