Archive for the 'Guns' Category

Katie Pavlich writing at Townhall has the report.

Multiple sources, including sources from ATF, DOJ  and Congressional offices have said there is a white paper circulating within the Department of Justice, outlining the essential elimination of ATF. According to sources, the paper outlines the firing of at least 450 ATF agents in an effort to conduct damage control as Operation Fast and Furious gets uglier and as election day 2012 gets closer.  ATF agents wouldn’t be reassigned to other positions, just simply let go. Current duties of ATF, including the enforcement of explosives and gun laws, would be transferred to other agencies, possibly the FBI and the DEA.  According to a congressional source, there have been rumblings about the elimination of ATF for quite sometime, but the move would require major political capital to actually happen.

“It’s a serious white paper being circulated, how far they’d get with it I don’t know,” a confidential source said.

After a town hall meeting about Operation Fast and Furious in Tucson, Ariz. on Monday, ATF Whistleblower Vince Cefalu, who has been key in exposing details about Operation Fast and Furious, confirmed the elimination of ATF has been circulating as a serious idea for sometime now and that a white paper outlining the plan does exist.

So does this report exaggerate the situation?  Turning to Examiner reporter David Codrea, there at least seems to be a serious shakeup in the works.

“Word is leaking out of HQ this week, to us plain old agents in the field that our new Acting Director is in fact planning on making some personnel moves very shortly,” a thread on the CleanUpATF website titled “Sweeping Out the 5th Floor” begins.

CleanUpATF is the website co-founded by whistleblowing ATF Special Agent Vince Cefalu to expose bureau waste, abuse, corruption and fraud, and has been the source for many tips that have been proven by investigation, including the initial allegations of gunwalking and the association of walked guns with the murder of Border Patrol Agent Brian Terry—something which the Chief Counsel’s Office and top management were acutely aware of early on—including this correspondent’s reporting on it.

Per comment poster “Plain Old ATF Agent”:

The Acting Director has told the 5th floor jerk off’s that the management of ATF will look entirely different by January 1 and has said in so many words that most will be gone. Mr. Jones is not too impressed with what he has seen and been told thus far by the 5th floor executives. Jones is telling people close to him at DOJ and at the OUSA in Minnesota that he can’t believe some of the people are in the positions they are in and that the agency is in worse shape than he was led to believe.

This assessment has also been shared with this correspondent by other sources, some hearing scuttlebutt that a partial realignment of senior executive staff may happen as early as today.

Whether the end result is termination or reorganization of a large number of ATF agents and analysts or complete breakup of the organization, there are a few things things that are obvious to the astute observer.

First, it isn’t clear how much of victory it is for those of us who oppose the existence of the ATF as an overly-bureaucratic, hyper-regulatory obstruction of firearms freedom and rights in America.  What happens going forward isn’t planned or considered because none of this is very well planned or considered.

And that leads to the second point.  This is a function of the political machinations of the Obama administration.  This has nothing to do with making the ATF better, or ending the ATF as we know it, or any other predetermined altruistic end.

It’s all reactionary and it has to do with political cover.  This has to do with making the problem go away in the headwinds of the coming election, because the election is all that matters.  The sad fact is that the good ATF agents – those ones who want to lock up criminals and assist law abiding citizens in gun ownership and publicly bearing arms – end up being collateral damage in Obama’s cover.

The entire nation deserves better.

In the Southern district of New York, Judge Cathy Seibel has taken draconian action regarding second amendment rights, but before we get to that, let’s briefly rehearse just where the decisions in Heller and McDonald have left us.

In Revisiting the Second Amendment Right to Bear Arms, we discussed how state judges in Illinois, Maryland, Massachusetts and New York have ruled recently that there is no constitutional right to carry a loaded gun for self-defense. And in Virginia, the U.S. 4th Circuit Court of Appeals upheld the federal conviction of a man who fell asleep in his car near Washington’s Reagan National Airport with a loaded gun.  This last case of falling asleep in a car is the case of Sean Masciandaro, who was on National Park land and didn’t remove ammunition from his weapon and move it from the proximity of his weapon (e.g., place it in a remote location such as the trunk).  In the Petition for Write of Certiorari to the Supreme Court on his behalf, it is observed that:

Heller and McDonald left open important questions regarding the scope of the self-defense right beyond the home and the appropriate method for evaluating government regulations affecting it. The lower courts have struggled mightily with these issues. See, e.g., Masciandaro, 638 F.3d at 467 (“But a considerable degree of uncertainty remains as to the scope of that right beyond the home and the standards for determining whether and how the right can be burdened by governmental regulation.”); United States v. Skoien, 614 F.3d 638, 640 (7th Cir. 2010) (en banc) (“Skoien II”) (Heller creates an individual right that includes keeping operable handguns at home for self-defense but “[w]hat other entitlements the Second Amendment creates, and what regulations legislatures may establish, were left open.”), cert. denied, 131 S. Ct. 1674 (2011).

The highest state courts that have considered the issue unanimously decided that the Second Amendment right is limited to the home. Maryland, the District of Columbia, Illinois, Massachusetts, New York, and Kansas have all limited Heller to its holding. 9 For example, the Maryland Court of Appeals upheld Maryland’s firearm permitting statute, concluding that the right is unavailable outside the home. Williams v. State, 417 Md. 479, 496 (Md. 2011) (stating that “[i]f the Supreme Court, in this [Heller] dicta, meant its holding to extend beyond home possession, it will need to say so more plainly”), petition for cert. filed, 79 U.S.L.W. 3594 (Apr. 5, 2011). That court noted that Illinois, the District of Columbia, and California also limited the right in similar cases. Id. at 496-99. Given this trend, state courts that confront Second Amendment issues in the future will likely limit its protection to the home.

Other state and federal courts have held that even if the right might exist outside the home, it is substantially weaker than the right enjoyed in the home.

But if the stolid state courts believe personal possession (outside of your domicile) is an open question in the wake of Heller and McDonald, Judge Cathy Seibel has gotten rather assertive concerning what she believes concerning our rights.

In a precedent setting case, a federal judge has ruled that individuals do not have a constitutional right to carry a concealed handgun in public.

The decision was rendered in the case of Kachalsky, et.al v. Cacace, et.al in the Southern District of New York.

The Attorney General’s office represented four state court judges who had been named as defendants in the case. who also serve as “licensing officers” under the New York statute.

Five individual plaintiffs residing in Westchester County, and one organization, the Second Amendment Foundation Inc., argued that the “proper cause” provision of the New York law governing the issuance of licenses to carry concealed handguns in public violates their rights under the Second Amendment to the U.S. Constitution as defined in two recent landmark decisions by the United States Supreme Court, District of Columbia v. Heller and McDonald v. City of Chicago.

The “proper cause” provision requires a license applicant to show “a special need for self protection distinguishable from that of the general community or of persons engaged in the same profession.”

The Attorney General’s office argued that the “proper cause” provision of the New York law did not violate the Second Amendment as described by the Supreme Court in Heller and McDonald.

Judge Cathy Seibel agreed, ruling that the Second Amendment provides the right to keep arms for the purpose of self defense in the home, but does not extend to a right to carry concealed handguns in public.

The judge further ruled that even if the Second Amendment were read to cover such a right, the New York”proper cause” provision passes constitutional muster under the Heller and McDonald rulings because the law is substantially related to important governmental interests, namely the promotion of public safety and the prevention of crimes perpetrated with concealed handguns.

Possession of firearms isn’t a right, it’s a privilege granted by state review of your specific need.  The combination of progressive judges, the failure of the public to assert constitutional rights, and muddled, short-sighted decisions by the Supreme Court has led us to a state of near anarchy in lower court decisions concerning the second amendment.  The need of hour is for citizens to be diligent, and for the Supreme Court to be clear in their next ruling on the second amendment.

Dennis A. Henigan, acting President of the Brady Campaign, waxes breathless in his most recent hysterical rant at Huffington Post.

Remember two summers ago when most Americans were appalled by the sight of guns openly carried by protesters at presidential speaking events and town hall forums on the health care issue? Now it’s not just the protesters bringing guns to political events. Now it may be the candidates themselves.

Texas governor and newly-announced presidential candidate Rick Perry has taken the incendiary mixture of guns and politics to a new level. When it comes to carrying concealed weapons, Perry certainly walks the walk. He has a concealed carry permit and proudly says that he carries a gun when he is out jogging.

Briefly commenting at this point, I’ll observe that I don’t ever recall in my entire life being appalled at the sight of weapons being carried by anyone, at any time.  But as for the concealed carry of weapons while jogging, I guess I have to weigh in with Henigan on this one.  I don’t jog.  I do lift weights and engage in open carry while I’m walking my dog.  But continuing:

Perry recently was asked if he is armed while campaigning. He didn’t respond by saying the question is ridiculous. He didn’t say that in the close quarters of a rope line, with a multitude of people pulling and tugging at him, a gun could easily drop to the ground or be taken from him. He didn’t say that an armed candidate would be a nightmare for the Secret Service. He didn’t say any of those things. Instead, he smiled and refused to say whether or not he carried while campaigning. He added, “That’s why it’s called concealed.”

Rick Perry apparently doesn’t think the question is ridiculous. In fact, his sarcasm suggests he has no objection to political candidates carrying guns to campaign events; he seems to imply that he may do so himself. One thing is clear. The governor has been so thoroughly marinated in pro-gun ideology that he is unashamed about taking it to its logical extreme. If it is true that more guns in public places make us safer, why shouldn’t political candidates carry guns? Isn’t it the least they can do for their own safety?

Something tells me that Perry wouldn’t be ashamed of taking gun ownership to its logical end, whether Henigan wants to call that “extreme” or not.  But Henigan is getting increasingly worked up and hysterical over things, and he eventually drops this bomb.

Yes, it is a good thing that senators can’t carry guns onto the Senate floor because the presence of guns, even carried by well-meaning, law-abiding citizens, increases the risk that arguments and conflicts will escalate to lethal violence. It is the same reason that our national parks are less safe because (due to legislation sponsored by Senator Coburn himself) concealed carry of weapons is now permitted within their borders.

There you have it.  There in a nut shell is the Faustian bargain that gun control advocates are willing to make.  They don’t really believe that an individual cannot protect him or herself or family with a weapon.  They don’t really believe that an individual is less safe with a weapon, regardless of what they might claim.  What they believe is that there is a greater good to be served, and that greater good lies in not allowing provocations to escalate into deadly incidents.  It’s their solution to original sin.  Allow weapons and violence escalates.  Remove weapons and utopia flourishes.

But even here, Henigan cannot help but spuriously link an article that does nothing more than report that weapons are now legal in national parks.  He claims that our national parks are less safe than they were because of this new latitude.  And the article has nothing to do with this claim.

Oh, but he has no evidence.  In fact, I do.  Several months ago I completed a FOIA request to the national parks service, and they returned to me an Excel spreadsheet with crimes outlined by type and delineated per year in the national parks.

11-409 Smith NPS&USPP LE CRIME REPORT 1995-2010

It doesn’t show what Henigan wants it to.  In fact, our national parks are not less safe than they were prior to 2010 when firearms were made legal.  And I did research most of the homicides (through local news accounts) and they mostly have to do with situation-specific (and sometimes bizarre) incidents involving individuals who had no right to carry a firearms anywhere because they were convicted felons, or prisoners on the run, or other such exigencies.  Not one incident that I researched had to do with an otherwise law-abiding citizen who suddenly went berserk because he had a gun in a national park.

Myths die hard.  They are usually built on lies, and Henigan and the Brady Campaign freely traffics in them.  Something as simple as a FOIA request can usually dispel silly myths like this one, and yet we know of at least one instance in which a man’s life was saved from a bear attack because of the new rule in national parks.  He used a .45 handgun to drive the bear away.  I’ll side with the new rule and gun ownership any day.