Archive for the 'Guns' Category



No Guns In Church In Alabama?

BY Herschel Smith
10 years, 10 months ago

News from Anniston:

State Rep. Thomas Jackson worries that Christians who carry guns into church aren’t acting like Christians.

Jackson, D-Thomasville, has filed a bill for the current legislative session that would make doing so illegal. He’s not sure it’ll become law — Democrats are outnumbered in Montgomery — but he hopes the bill will get people talking.

“If we as Christians put more faith in Smith & Wesson than we do in God, then we’ve got a problem,” Jackson said, speaking by phone Thursday.

Jackson, an associate pastor at New Hope Baptist Church in Thomasville, said he was shocked to learn how many people carry guns into church.

That sentiment is echoed by the Rev. Lee Shafer at Grace Episcopal Church in Anniston.

People carry them in their purses, Shafer said.

The matter went largely unknown to Shafer until a church-related meeting not long ago, when the topic came up and folks started talking.

“The saddest thing is that there’s a need for guns anywhere,” Shafer said. “Wouldn’t it be horrible if a child got hold of a gun in church?”

Churches, like private business, can ban guns from their buildings, but Shafer said there is no such ban at her church.

While the idea of having a congregation packing pistols along with their Bibles doesn’t sit well with her, Shafer said, “There’s just too many other things for people to get upset about”  for this topic to concern her greatly.

Shafer was hesitant to try to decipher the Bible’s message on carrying weapons into church.

Call any 10 pastors and you’ll get 10 different biblical interpretations, Shafer explained, but she quoted the biblical commandment to “Love your neighbor as yourself.”

“Does this contradict that? Not necessarily, but at the same time Jesus was such a nonviolent presence,” Shafer said.

I once knew some of the good people from Anniston, Alabama.  While there are bad people in Alabama too, there are enough good men and women left that it’s a wonder that any of this has come up in Alabama.

I like the line about putting more faith in Smith & Wesson than in God.  That’s amusing.  I’ll have to remember that one.  I’ll find an opportunity to use it again in some fashion.  Watch for it in the future.  In the mean time, it sounds like Shafer needs to go back to seminary (or at least, attend a good one).  Yes, it’s sad that there is a need for guns in church.  It’s been with us for a very long time, and it’s called original sin.  You should have covered that in your survey of the OT as well as in Systematic Theology (I covered it in Historical Theology And Church History as well).

As for any of those ten pastors who give false interpretations of what God has to say about self defense, I’ve covered that.  If ten of them say that God expects us to become doormats and allow the execution of our loved ones so that we can “be like Jesus,” then ten of them are wrong and they are false prophets, not worthy of your attention.  As I’ve said in the clearest terms I can muster:

God has laid the expectations at the feet of heads of families that they protect, provide for and defend their families and protect and defend their countries.  Little ones cannot do so, and rely solely on those who bore them.  God no more loves the willing neglect of their safety than He loves child abuse.  He no more appreciates the willingness to ignore the sanctity of our own lives than He approves of the abuse of our own bodies and souls.  God hasn’t called us to save the society by sacrificing our children or ourselves to robbers, home invaders, rapists or murderers.

Self defense – and defense of the little ones – goes well beyond a right.  It is a duty based on the idea that man is made in God’s image.  It is His expectation that we do the utmost to preserve and defend ourselves when in danger, for it is He who is sovereign and who gives life, and He doesn’t expect us to be dismissive or cavalier about its loss.  Finally, self-defense may actually result in one of the greatest examples of human love.

I carry in worship every Sunday.  I carry at the grocery store, at work, during haircuts, while walking the dog.  Always.  While I’m not a betting man, I’ll make this wager with Rev. Lee Shafer and Rev. Stan Albright in Alabama.  Here it goes.

You show me a promise in the Scriptures – not moralistic platitudes, not normative statements or observations, not miracles that occurred at specified times in redemptive history for specific reasons, but a promise – always and in every circumstance to deliver God’s people out of the hands of evil-doers if we simply lay down our weapons and subjugate ourselves to their desires and refuse to engage in acts of self defense, and I’ll never carry at church again.

But if you can’t do that, I win, and you must read my entire commentary on Christians and the duty of self defense next Sunday as your sermon, without additional commentary.

So, Stan and Lee and Mr. Jackson, where do we stand with this wager?

Joe Manchin Shows His Anti-Gun Colors Again

BY Herschel Smith
10 years, 10 months ago

Huffington Post:

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

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

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

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

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

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

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

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

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

BY Herschel Smith
10 years, 10 months ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notes From HPS

BY Herschel Smith
10 years, 10 months ago

Via Mike Vanderboegh, assessment of the Bosworth arrest.

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

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

David Codrea:

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

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

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

Kurt Hofmann:

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

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

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

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

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

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Bloomberg’s Anti-Gun Apparatchiks

BY Herschel Smith
10 years, 10 months ago

I had a rather protracted conversation with someone who writes under the nom de guerre Tommy Gnosis.  Not that I care that deeply, but something sounded strange about the comments, like they had no particular bearing, were inconsistent, or feinted support for individual rights but didn’t do a good job of hiding the fact that it was all just a distraction.

So I did a little bit of research.  Tommy Gnosis is someone named Jennifer Mascia, who has her own web site.  In fact, she was one of the authors of the now defunct “The Gun Report” for the New York Times.  Recall that report?  That awful, hideous, dreary rundown of shootings every day?  As if all we have to do is remove those awful guns from society and sin goes away because evil is located in things rather than the heart of man (a noted neo-Platonic and stoic view).

Anyway, I did an IP trace and found that the address was owned by Bloomberg.  It makes sense, since I also found out that she works for Bloomberg via Everytown For Gun Safety.  Her Disqus account is active, and features snark, misdirects, sarcasm, insults, and most of all, prose designed to demoralize and demonstrate the complete impotence of whatever group she is berating at the moment.  The prose is designed to cause depression and dejection.

Here is the lesson.  Bloomberg is paying her to visit web sites – particularly gun rights web sites – and spread discontent and dejection.  Some in our own camp do this too, even if unintentionally (and some in “our own camp” [wink …] may do it intentionally).  It’s like listening to a sarcastic Eeyore scream “my tail fell off, and yours will too.”  There is no happiness, no satisfaction, no humor, no joy.  Such is the mind of a Bloomberg apparatchik.  Learn from it.  Don’t fall into the trap of depression or compromise.  Gun rights is winning.  The enemy’s actions prove it.

Notes From HPS

BY Herschel Smith
10 years, 10 months ago

David Codrea:

If an anti-gun, politically-connected Democrat hires a hit man to kill children to keep them from testifying that he molested them, why would you want to make it illegal for parents to defend them with tools of their choice — not just in the home, but wherever the threat materializes?

Because it isn’t really about guns, and it never was.  It’s all about the elistists being elite, keeping their apparatchiks in line, and sending the attack insects to kill the threats to the hive.  As a sidebar comment, what a discredited, disreputable, awful, loathsome group of people MAIG has turned out to be.  How could anyone with an ounce of integrity or decency be a part of that group?  Read all of David’s rundown of yet another ugly incident associated with MAIG.

David Codrea:

The pressures, some subtle, some in-your-face, to stigmatize and discourage gun ownership are all around us. Outside of firearms-related businesses, it’s like there’s nowhere in the marketplace we can get away from it, not even by indulging in escapist fantasy. Perhaps while submitting to mall disarmament demands, movie-goers can stop in at the gun-free cineplex and enjoy the latest shoot-em-up, starring actors like Irish import Liam Neeson, who in addition to praising the UK’s handgun ban and proclaiming “the Founding Fathers … would be turning over in their graves,” is also, per The New York Post, “considering … becoming a Muslim.” Or if you don’t care for his films, Sean Penn, who publicly gave up his guns (calling them “cowardly killing machines”), is also appearing in a new release titled The Gunman, where his character gets to ignore draconian European “gun control” laws as he pretends to be the stuff heroes are made of.

Maybe I’ll just go to the range, where my business and my guns are welcome. Right after I make sure my representatives are doing the right thing on freedom, and that all the ammo and gun grabs coming up through the process or bypassing it from the White House have been properly shot down.

I know, the tendency is to become depressed at losses rather than see the victories.  But David ends with the right stuff.  Call, contact, be activists, protest, write, and do what you can in your neck of the woods.  Also, send David and Kurt’s links around.  Do you recall this suggestion to Harris Teeter that they remove their no firearms sign?  Well, it worked.  The sign is down and I was told to feel free to exercise my constitutional rights at Harris Teeter.

I see that Mike Vanderboegh is having some travel difficulties (and here).  Pray for him and his influence on liberty.  I have.

Kurt Hofmann:

In other words, gun buyers are being forced to pay for the heavily armed and armored California Department of “Justice” gun confiscation raiding parties. It’s hard not to see a deliberate poke in gun buyers’ eyes: “OK, you can have your gun, but to get it, you’re going to help us take away someone else’s.”

The “Dealer’s Record of Sale” (DROS) fee.  Around these parts one FFL charges what they call their “Brady Fee,” and it annoys me.  You guys know who you are.  No names need to be mentioned.  But on your part it’s voluntary, while in the case of DORS fee it’s mandatory and goes to the state.  But this is California, and I’m not sure what comes next after microstamping.  I see egress and evacuation or civil disobedience on the horizon.

Kurt Hofmann:

Even the sponsor of the resolution that put the amendment on the ballot, Missouri State Senator Kurt Schaefer, claims that neither the intent nor the legal wording of the amendment supports lifting the forcible disarmament affliction from people like Robinson.

This is an unfortunate retreat on his part. By acknowledging that the right to keep and bear arms is “unalienable,” and by explicitly specifying that it is violent felons for whom the right is to be considered “alienable,” after all, the language of the bill pretty clearly does protect the right of people like Robinson to keep and bear arms.

And no one associated with the effort to put Amendment 5 into force should be ashamed of that.

No they shouldn’t.  That man has as much right to a gun as I do.

Thus ends John McCain’s genius plan to arm the “moderate” Syrian rebels.

After West Virginia, Maine appears to be the next state to do constitutional carry.  This is becoming a trend.

At Mike’s place he links Jeff Sessions on immigration, including so-called “high skilled” immigration.  Follow the links.  This is a good read.  As for one of Mike’s commenters, Paul X, he says:

“One thing that’s accepted almost without debate is that we need more of those workers, and that’s not accurate. And we’re going to prove that’s not accurate.”

Not in my wife’s experience. She tries to find high tech workers for Nike any place she can find them, both H1Bs and local folks. The jobs go begging. The reason she can’t find Americans for these jobs is because American kids don’t take hard subjects in college. At least many of the H1Bs (mostly from India) are hard workers and go-getters. They are also nice kids, as she puts it.

Sessions is just another fascist politician, sticking his nose in other peoples’ business.

Oh horse shit.  Let me make it clear, buddy boy, preserving and defending the cultural, religious, political and historical traditions and foundation for America (and in fact, the South as well) IS MY BUSINESS, and it is the business of Jeff Sessions too.  As for the notion that you can’t find programmers or other technical people here in the States, that’s what I’m calling horse shit.  Yes you can, I know some of them, and I see good, highly skilled technical people every day who cannot find work because companies listen to the worthless bean counters in finance who want to pay somebody a half assed salary to do a half assed job (have you ever called overseas to get IT support?).  Go cry me a river, and tell the bean counters they suck.

I’m in favor of stopping legal immigration (or seriously curtailing it) and deploying the U.S. Marine Corps to the Southern border to shoot people who cross it illegally.  No, you can’t really mean that, Herschel?  Yes, I do, and yes, shoot them.  Dead.  On the spot.  I guess that puts me to the right of Jeff Sessions and perhaps even Mike Vanderboegh.  I have managed to survive 33 years in industry and business, and raise four children including three boys, one of whom survived a combat deployment in Iraq with the U.S. Marine Corps.  What did you expect, warm fuzzies, pink blankets and self-actualization counseling sessions?

Just to be clear that I do have a heart, I’ve thought about it and have some amendments and clarifications.  First of all, let’s lay off all programmers with the CIA and NSA who spy on Americans.  That should free up some programming talent.  As for shooting all those who cross the border, I don’t really mean that for women and children.  They should be carted immediately back to the border from whence they came, and that, without delay.  If they are met by the Mexican army shooting at them (as I have heard in some instances), then they should rain hell down on the Mexican army since Mexico is an enemy.  As for the “coyotes” and boys with gang tattoos, they should be shot on the spot, even with their hands up, with their bodies left for the vultures.

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Josh Sugarmann On The M855 Green Tip Ban

BY Herschel Smith
10 years, 10 months ago

I know, about now you’re thinking “what can Josh Sugarmann teach me about M855 green tip ammunition?  Not much, except that it pays to understand just what the enemy thinks.  It’s also important to know just how behind the times they are in understanding what we think, but more on that in a moment.

This is despite the fact that ATF is only doing what the NRA and other members of the gun lobby consistently argue should be done: enforcing the gun laws already on the books. Opponents also allege that no law-enforcement officer has been shot with one of the cartridges fired from a handgun. Testing the veracity of that assertion is challenging, but the whole point of the ban on “armor-piercing” ammunition is to prevent law enforcement and first responders who rely on body armor from ever having to face assailants wielding handguns loaded with armor-piercing rounds.

Yet left unstated is the fact that ATF’s proposal, as detailed in a new report from my organization, the Violence Policy Center, is the direct result of the gun industry’s own actions.

Facing a continuing decline in household gun ownership, the gun industry is constantly engaged in efforts to create new product lines to sell to a shrinking consumer base. In recent years the industry has aggressively marketed AR-15 assault pistols that use common rifle ammunition, such as the 5.56-by-45-millimeter round used in AR-type assault rifles.

So it’s possible that Josh doesn’t really understand anything about rifle ammunition, or perhaps he does and is playing dumb (or lying) in order to deceive his idiot readers at Huffington Post.  But just to make sure you understand, let’s cover this for a moment.

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

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

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

As for the notion that gun owners are demanding that existing law be enforced, who is doing that?  No seriously, who is doing that?  Not me.  Are you?  If so, why?  Okay, perhaps the NRA has used that stupid argument, but we want open, constitutional carry in every state in America, and we want the Hughes amendment repealed, as well as prohibitions on things like SBRs in the NFA repealed.  That’s just a start.  We don’t want the existing laws to be enforced.  Every federal gun law is a violation of the constitution.  Every one.

Sugarmann then shows us a screen capture from the Rock River Arms web site.  Perhaps this will be good advertizing for them.  One can only hope.  Sugarmann ends with his usual propaganda that gun sales is down and ownership is increasingly focused on a smaller and smaller percentage of people.  Whatever.  If Josh wants to think this that’s alright with me.  The less they know about us and our beliefs, the better.

Read also Kurt Hofmann:

One (presumably very much unintended) argument against banning “armor piercing” handgun ammunition for private citizens came a while back from a very surprising source–the Violence Policy Center. As that group’s director, Josh Sugarmann, was cited in the U.S. News & World Report:

Gun control advocacy groups like Sugarmann’s say the body armor worn by the shooters in Newtown [which wasn’t “body armor,” anyway] and Aurora undermines the argument made by gun advocates that shootings can be stopped by someone with a handgun.

In other words, Sugarmann seems to be arguing that armed private citizens would have a reasonable chance at stopping mass shootings, if only they were not denied handgun ammunition capable of defeating body armor.

Yea, he is arguing first that guns are of no use against body armor so why would ordinary citizens have guns?; and second, there are millions of rounds in circulation that can defeat body armor, so they must be banned.  Sugarmann doesn’t care about consistency.  He’s just parroting the latest talking point.

Closing The Loophole Allowing Terrorists To Buy Guns

BY Herschel Smith
10 years, 10 months ago

Chuck Schumer wants to do just that.  It sounds oh so reasonable, right?

U.S. Sen. Charles Schumer is calling for passage of legislation prohibiting individuals on the U.S. terrorist watch list from buying guns.

The New York Democrat noted the arrests this week of three Brooklyn men on charges they conspired to join ISIS in Syria or carry out attacks at home. If they were on the terrorist watch list, the bill Schumer’s backing would have prohibited them from buying firearms or explosives.

The watch list prevents individuals from flying on airplanes into and out of the country.

The federal database used to check gun buyers currently prohibits convicted felons and people with certain mental illnesses from buying guns.

“There is a major loophole in the federal law that would make your jaw drop,” Schumer told WCBS 880. Astoundingly, under current law, known or suspected terrorists on terrorist watch lists or no-fly lists can legally purchase weapons and explosives anywhere in the United States.

“We’re announcing a bipartisan drive to close that giant and dangerous loophole.”

Schumer said information from the Government Accountability Office shows individuals on the terrorist watch list cleared background checks 455 times in 486 attempted gun buys in 2013 and 2014.

Well, the prohibition against people with “mental illness” from purchasing guns is pure bigotry as I have pointed out before.  They don’t have a propensity to crime any more than anyone else does.  As for the issue of “terrorists” trying to purchase guns, I’m not too worried about that as long as I have them too.  But more to the point, tell us who those terrorists are, Chuck?  Give us names.  Would they potentially be Americans who the FBI is watching because they believe in certain things?

So let’s run down the kinds of things that worry the federal government, shall we?

1. Those that talk about “individual liberties”
2. Those that advocate for states’ rights
3. Those that want “to make the world a better place”
4. “The colonists who sought to free themselves from British rule”
5. Those that are interested in “defeating the Communists”
6. Those that believe “that the interests of one’s own nation are separate from the interests of other nations or the common interest of all nations”
7. Anyone that holds a “political ideology that considers the state to be unnecessary, harmful,or undesirable”
8. Anyone that possesses an “intolerance toward other religions”
9. Those that “take action to fight against the exploitation of the environment and/or animals”
10. “Anti-Gay”
11. “Anti-Immigrant”
12. “Anti-Muslim”
13. “The Patriot Movement”
14. “Opposition to equal rights for gays and lesbians”
15. Members of the Family Research Council
16. Members of the American Family Association
17. Those that believe that Mexico, Canada and the United States “are secretly planning to merge into a European Union-like entity that will be known as the ‘North American Union’”
18. Members of the American Border Patrol/American Patrol
19. Members of the Federation for American Immigration Reform
20. Members of the Tennessee Freedom Coalition
21. Members of the Christian Action Network
22. Anyone that is “opposed to the New World Order”
23. Anyone that is engaged in “conspiracy theorizing”
24. Anyone that is opposed to Agenda 21
25. Anyone that is concerned about FEMA camps
26. Anyone that “fears impending gun control or weapons confiscations”
27. The militia movement
28. The sovereign citizen movement
29. Those that “don’t think they should have to pay taxes”
30. Anyone that “complains about bias”
31. Anyone that “believes in government conspiracies to the point of paranoia”
32. Anyone that “is frustrated with mainstream ideologies”
33. Anyone that “visits extremist websites/blogs”
34. Anyone that “establishes website/blog to display extremist views”
35. Anyone that “attends rallies for extremist causes”
36. Anyone that “exhibits extreme religious intolerance”
37. Anyone that “is personally connected with a grievance”
38. Anyone that “suddenly acquires weapons”
39. Anyone that “organizes protests inspired by extremist ideology”
40. “Militia or unorganized militia”
41. “General right-wing extremist”
42. Citizens that have “bumper stickers” that are patriotic or anti-U.N.
43. Those that refer to an “Army of God”
44. Those that are “fiercely nationalistic (as opposed to universal and international in orientation)”
45. Those that are “anti-global”
46. Those that are “suspicious of centralized federal authority”
47. Those that are “reverent of individual liberty”
48. Those that “believe in conspiracy theories”
49. Those that have “a belief that one’s personal and/or national ‘way of life’ is under attack”
50. Those that possess “a belief in the need to be prepared for an attack either by participating in paramilitary preparations and training or survivalism”
51. Those that would “impose strict religious tenets or laws on society (fundamentalists)”
52. Those that would “insert religion into the political sphere”
53. Anyone that would “seek to politicize religion”
54. Those that have “supported political movements for autonomy”
55. Anyone that is “anti-abortion”
56. Anyone that is “anti-Catholic”
57. Anyone that is “anti-nuclear”
58. “Rightwing extremists”
59. “Returning veterans”
60. Those concerned about “illegal immigration”
61. Those that “believe in the right to bear arms”
62. Anyone that is engaged in “ammunition stockpiling”
63. Anyone that exhibits “fear of Communist regimes”
64. “Anti-abortion activists”
65. Those that are against illegal immigration
66. Those that talk about “the New World Order” in a “derogatory” manner
67. Those that have a negative view of the United Nations
68. Those that are opposed “to the collection of federal income taxes”
69. Those that supported former presidential candidates Ron Paul, Chuck Baldwin and Bob Barr
70. Those that display the Gadsden Flag (“Don’t Tread On Me”)
71. Those that believe in “end times” prophecies
72. Evangelical Christians

Well, let’s see.  I’m a Christian who believes abortion is murder, who supports secession, who has a negative view of the U.N., who stockpiles ammunition (as his budget allows), who believes in the right to bear arms, who is deeply concerned about immigration (and not just illegal immigration), who believes in the militia, who opposes the “new world order,” who believes that Islam is a fairy tale concocted by an evil pedophile for the purpose of keeping his roving band of murderers and thugs together, who believes that the American way of life is under attack and has been for a very long time … shall I continue?

You see, you are a potential terrorist, and Chuck wants to add you to the list of prohibited persons who cannot purchase firearms, coupled with universal background checks so you can’t do a person to person transfer.  Do you understand?

Notes From HPS

BY Herschel Smith
10 years, 10 months ago

Kurt Hofmann:

OK then–what has changed in this supposed threat to law enforcement officers since 1986, when BATFE granted the exemption? According to that agency, the change is the appearance on the civilian market of pistols that can fire the round–pistols that unlike the single-shot models generally recognized as intended for sport, and not of much interest to people with nefarious, violent intentions, are repeaters. That, the BATFE tells us, is the difference …

“Millions upon millions of M855 rounds have been sold and used in the U.S., yet ATF has not even alleged – much less offered evidence – that even one such round has ever been fired from a handgun at a police officer.” And if the BATFE has no evidence of that, they certainly have no evidence of such a round having been fired from a handgun through an officer’s body armor–the “threat” that supposedly justifies the ban.

[ … ]

In the final analysis, to be free, we the people must have the means to present a credible threat to those who would presume to rule us–and to the enforcers of that rule–should they dare to slip the bonds of the Constitutional limits on their power. Ammunition that can penetrate government myrmidons’ armor, usable in a firearm that can be easily concealed, is a part of that threat–and that’s why the Obama regime wants it banned.

Read all of Kurt’s analysis.  Several interesting things may be noted about what Kurt has said.  I haven’t spent the time to give this proposed ban all the time it deserves, but now that I think about it, the ATF surely must know that their reasons for the proposed ban are at best head-scratching and at worst laughable.  If I had decided to go to war against police or anyone else – and I haven’t – I surely wouldn’t choose a SBR or “pistol” (i.e., barrel < 16″) without a stock.  An AR pistol, with its buffer tube, is just not concealable, and besides that, I’m not certain what being concealable has to do with anything anyway.  We may as well be debating the man in the moon and how he pertains to the price of eggs in China.

Anyway, Kurt cuts through the smoke in his last paragraph.  We must have the means – weapons and ammunition – to present a credible threat to those would would abuse authority over us.  Green tip ammunition, while not perfect for every scenario, allows increased penetration when it’s necessary (e.g., shooting through glass windows or walls when someone is shooting at us and we don’t want our rounds to ricochet off track).

Via David, here is JPFO’s position on the green tip ban.  Yea, yea.  It sounds like a lot of bluster to me without any willingness to do anything about it.

Speaking of JPFO, here is a communication from David Codrea:

Over the weekend, I submitted my resignation as a content contributor to and adviser for Jews for the Preservation of Firearms Ownership. Here’s why:

Last week, I submitted my article on Mike Vanderboegh’s BamaCarry speech to KeepAndBearArms.com Newslinks, another website SAF bought. It never appeared.

It’s no secret there is hostility between Mike and Alan Gottlieb. And Mike was apparently told by some readers that Alan has forbidden articles by or about him to appear on any properties he controls.

Alan confirmed that was the reason for the piece being banned.

I had previously said that I do not align myself with organizations, but with individuals.  JPFO is hanging by a thread in my book, since Kurt Hofmann is the only reason I would have left to pay them any attention whatsoever.  IF they lose Kurt, they may as well drop of the face of the planet as far as I am concerned.  David’s loss is huge, and I am truly sorry for this loss of income for my friend David.

David Codrea:

News that can help shape the political landscape of the gun rights advocacy community was broken last night on the nationally-syndicated Armed American Radio program, when Larry Pratt, Executive Director of Gun Owners of America, announced GOA will begin scoring politicians on their support or opposition to amnesty for illegal aliens.

Good for Larry.  I appreciate his stance on this issue.  My views are well known, and align with the idea that immigrants from South of the border are a risk to gun rights.

Handgun “safety instructor” in West Virginia worried about constitutional carry bill.  Ya.  I’ll bet he is.

Jihadists try to capture a Christian girl, but she had a machine gun.  We have the Hughes amendment.

Guns Tags:

Houston Police Officer Open Carry Stop

BY Herschel Smith
10 years, 10 months ago

The video below is being bandied about over various internet forums, as well as via Bob Owens.  Bob’s commenters are all confused and basically don’t know what they are talking about.  Similarly, the comments over the YouTube video – some of which are supportive and some of which aren’t – point to a problem of understanding and confusion.  Watch the video and then I’ll clear up that confusion for you.

He was just trying to tell if the person was a felon, or so the comment[s] at YouTube go.  The cop clearly is in favor of gun rights, claiming (falsely) that he is a three percenter.  “I’m sympathetic to the cop here,” says Uncle.

Now, take a deep breath, calm down and let’s clear up the confusion.  The Fourth Circuit Court of Appeals issued a legendary body slam to the Charlotte-Mecklenburg Police Department for stopping a man for openly carrying a weapon in an open carry state (North Carolina), even when it was later determined that the man was a criminal.  See Fourth Circuit Finds That Carrying A Firearm In An Open Carry State Does Not Create Reasonable Suspicion And Provides Thorough Analysis Of The “Free To Leave” Standard.

This was clearly not a so-called “Terry Stop” (the cop didn’t believe a law had been broken) and the LEO had no need or right to know whether the man was a felon.  According to the court, it was none of his business.  No demurral, case closed, end of discussion.  Period.  That’s all.  You don’t need to know any more than that.

But since the bed wetters (who may be reading this) might need to know more, we’re going to help you.

OK, it is fairly simple.  If you are under arrest refuse to provide your name, date of birth, or residence address, you commit a Class C misdemeanor unless you have warrants outstanding, when it is a Class B misdemeanor.  If you are either under arrest or lawfully detained, it is an offense to provide a false name, date of birth or address.  The later is a Class B or A misdemeanor, dependent on whether you have outstanding warrants.

What is not an offense is refusing to provide your name, date of birth, or residence address when you are lawfully detained. See Dutton v. Hayes-Pupko, No. 03-06-00438-CV, 2008 Tex. App. LEXIS 6030, 2008 WL 3166324 (Tex. App.–Austin 2008, no pet.).  The court held that Deputy Derrick Dutton had arrested Sheryl Hayes-Pupko without probable cause since the law did not require her to identify herself while she was only being detained..  Dutton’s mistake of law did not provide a defense for the false arrest claim.

Unfortunately, this is not unusual for Texas.  Police officers in this state have an idea that they have the right to identify anyone at anytime for any or no reason.  The courts have repeatedly slapped them down on this.

  • “The application of Tex. Penal Code Ann., Tit. 8, § 38.02 (1974), to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe appellant was engaged or had engaged in criminal conduct.  Accordingly, appellant may not be punished for refusing to identify himself, and the conviction is Reversed.”  Brown v. Texas, 443 U.S. 47 (1979).
  • “It is clear petitioner was arrested and convicted for his refusal to answer Officer Jennings’ question requesting that petitioner identify himself. This is impermissible even in the context of a lawful investigatory stop.” Spring v. Caldwell, 516 F. Supp. 1223 (S.D. Tex. 1981), reversed on other grounds 692 F.2d 994 (5th Cir. 1982).
  • “First, Officer Lowe obtained identification from each occupant of the automobile though he had no legal basis whatever for demanding them.”  Lewis v. State, 664 S.W.2d 345 (Tex. Crim. App. 1984).
  • “Moreover, the Supreme Court has previously dealt with a case in which Texas police officers demanded that an individual identify himself even though they had no reasonable suspicion that he had committed a crime. In Brown v. Texas, the Court [11]  ruled that Texas Penal Code Ann. § 38.02 (a), as enacted by the Texas legislature in 1974, was unconstitutional because it allowed an officer to stop and demand identification of an individual without any specific basis or belief that he was involved in criminal activity.” Weddle v. Ferrell, No. 3:99-CV-0453-G, 2000 U.S. Dist. LEXIS 2659, 2000 WL 256891 (N.D. Tex. 2000).
  • “Officers have the right to conduct an investigation of a driver following a traffic violation, but do not have authority to investigate a passenger without reasonable suspicion.”  St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007) (holding that arrest of passenger for failure to identify not valid absent legal detention).

Yet we still see police officers demand identification in Texas and threaten arrest (or actually make arrest) on Failure to Identify when in fact, no offense has occurred.

Although oriented towards Texas law, this is true even in states that have stop and identify statutes if the stop isn’t a so-called “Terry Stop.”  The officer has no need or right to know who the person is.  Period.  Do you understand now?

The officer was a jackass, but worse than that, he was wrong as to the details and application of the law, like many LEOs today are.  Before the bed-wetters blow their bladders, they need to study the law a little bit.  And Bob Owens needs to educate his readers rather than allowing the pooling of ignorance in comments over his web site.  That is unseemly and undignified.


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