Archive for the 'Second Amendment' Category



Concerning the NRA Position on the Rand Paul Gun Amendment

BY Herschel Smith
14 years, 1 month ago

In what is uncustomary for an opinion and analysis journal like this one, I’m going to come out and flatly say that I don’t fully understand what’s going on behind the scenes.  Mitch McConnel (and other GOP senators) came out against Rand Paul’s amendment to the patriot act renewal.

Adding further confusion for me, the NRA weighed in against the amendment as well.  But expecting a clear outline of the reasoning process behind the NRA’s disagreement, I am treated to this bit of subterfuge.

As often happens with complex issues, NRA’s position on Sen. Rand Paul’s defeated PATRIOT Act amendment is being mis-reported by those who either don’t understand the facts, or prefer their own version of “facts.”

This amendment was rejected by 85 Senators, which included many of the strongest Second Amendment supporters in the U.S. Senate.  Unfortunately, Senator Paul chose not to approach us on this issue before moving ahead. His amendment, which only received 10 votes, was poorly drafted and could have resulted in more problems for gun owners than it attempted to fix. For this reason, the NRA did not take a position on the amendment.

To be more specific about the amendment and its problems, the amendment would have prohibited use of PATRIOT Act legal authority for any “investigation or procurement of firearms records which is not authorized under [the Gun Control Act].” There have been no reports of the current PATRIOT Act being abused with respect to firearms records, however supporters suggested a far-fetched scenario in which every firearms sales record in the country–tens or hundreds of millions of documents dating back to 1968–could be sought.  Again, we nor anyone else is aware of any case in which this authority has been used to abuse gun owners.  (In fact, published reports indicate that few of these orders are ever sought for any reason.)

In particular, the amendment appeared to be aimed at so-called “section 215 letters”–orders from the FBI requiring the disclosure of “tangible things” such as records and documents.

Under the current PATRIOT Act, an application for this type of order with respect to firearms sales records has to be approved no lower than the director or deputy director of the FBI, or the Executive Assistant Director for National Security.  The application is made to a federal judge based on “a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation … to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.”  The judge has the power to modify the order and must direct the use of “minimization procedures” to protect the privacy of Americans.

If the Paul amendment were adopted, the FBI would have used other ways to access whatever firearms records it might need for intelligence or anti-terrorism investigations. This is especially troublesome for gun owners.

This would result in United States Attorneys simply demanding the same records through grand jury subpoenas, which require no judicial approval before issuance. Fighting a subpoena after the fact can be very costly and carries legal risks of its own, including possible charges for obstruction of justice.

Even worse, the government would have used the Gun Control Act’s provision that allows the Attorney General to “inspect or examine the inventory and records of [a licensee] without … reasonable cause or warrant” during a criminal investigation.  That means by simply characterizing its activities as a “criminal investigation,” it would enter a licensee’s premises and demand these records without “reasonable cause or warrant”–in other words, without judicial oversight of any kind, and without any of the procedural limits imposed by the PATRIOT Act.

Therefore, given all of these potential problems for gun owners, the NRA could not support this poorly drafted amendment.

What?  Come again?  Can someone please try to remove the confusion and contradictions in Chris Cox’s statement for me?  This makes no sense to me.  I’m left to concur with Sean at SayUncle.  “I’m scratching my head on a few points. Can someone give a high level play-by-play on this?”

What did Paul’s amendment do?  Why did Mitch McConnell disagree with it?  Why did the NRA demur?  Were the reasons compelling and persuasive?

New Federal Legislation on Mental Ineligibility from Firearms Ownership

BY Herschel Smith
14 years, 1 month ago

From Jeff Winkler at The Daily Caller:

Recently introduced federal gun legislation would codify and greatly expand the definition of those barred from owning a gun because they suffer from broad, umbrella-like definitions of mental health problems. Mental health advocates, however, say legislators reacting to “deranged” people going on shooting sprees are “completely missing the point.”

Last week, New York Democratic Rep. Carolyn McCarthy introduced the Fix Gun Checks Act of 2011, a nearly-identical resolution to that introduced in the Senate in March by her New York colleague, Democratic Sen. Chuck Schumer. Both bills include a section dedicated to further codifying in federal law what it means to be “adjudicated as a mental defective.” The proposed change would label any person a “mental health defective” who appears to “lack the mental capacity to contract or manage his own affairs,” or is “compelled” to receive counseling or medication.

Other, seemingly more obvious, definitions of a “mental health defective” include anyone who has been found criminally insane, found incompetent to stand trial or found not guilty by reason of mental deficiencies.

According to the legislation, decisions of whether someone is of subnormal intelligence, competency and/or mental illness are to be decided by a “court, board, commission, or other lawful authority.” No medical qualifications or background in psychological sciences are specified as necessary for such lawful authorities.

A court, board, commission or lawful authority.  Right.  And as for people who have been on anxiety medication?  Or perhaps people who were diagnosed as ADHD who had been on ritalin at one time?  How about people who went to their pastor for marriage counseling?

I’ve said it before.  It’s ironic how illiberal some liberals can be.  There is actually nothing about so-called liberals that is liberal.  They are all statists and control freaks.  I have never met one who doubts that the state doesn’t have an answer for everything.  It can right every wrong, compensate every injustice, and prevent every evil.  A new law is apparently the answer for crimes with weapons, administered, adjudicated, supervised and applied, of course, by the man.  You know, that man that liberals say they hate so much?

Analysis of ATF Study on the Importability of Certain Shotguns

BY Herschel Smith
14 years, 2 months ago

In January of 2011 the Bureau of Alcohol, Tobacco, Firearms and Explosives authored what they call the Study on the Importability of Certain Shotguns.  The comment period ends on May 1, 2011, and my comments have been submitted to the pertinent e-mail address with name, address and other contact information.  My comments are herewith submitted to my readers.

It really is a sad state of affairs at the ATF.  With salient and pressing scandals that deserve attention (along with a need for a thorough house-cleaning and full disclosure by the ATF), lawyers and analysts have been focusing exquisite detail on the features that should be [dis]allowed on importable shotguns.

The ATF is working within the context of the decisions on the ban on assault rifles, a ban that had sunset provisions which are no longer applicable.  Features such as a pistol grip, a forend grip, a rail system for things such as tactical lights (light enhancing devices), high capacity detachable magazines, etc., are deemed to be associated with military style weapons and as such (in the determination of the ATF study team) are not “readily adaptable for sporting purposes.”

But this judgment is arbitrary, and I charge the ATF with circular reasoning.  Rather than appeal to facts which demonstrate whether a specific feature is adaptable for sporting purposes, the ATF study team apparently without reservation gives us the purpose around which their judgments are made, i.e., ensuring that the statutes codified in the Gun Control Act of 1968 remain useful.  As I observe in one comment:

On page 4 the following statements are made: “The 1989 study then examined the scope of “sporting purposes” as used in the statute. The study noted that “[t]he broadest possible interpretation could take in virtually any lawful activity or competition which any person or groups of persons might undertake. Under this interpretation, any rifle could meet the “sporting purposes” test. The 1989 study concluded that a broad interpretation would render the statute useless.”

Wrapped up in this paragraph we have not only an amusing logical blunder but also the real crux of the problem. Authors have presupposed the answer (so-called circular reasoning) at which they must arrive, i.e., the statute must remain useful. Thus, all interpretations by ATF are biased to yield that result. It is not the responsibility of the ATF nor is it within the purview of their authority to ensure the continued usefulness of a statute, if in fact it is rendered useless by advances, common practices, evolution in sporting, or lack of wise crafting of the statute (such as the fact that nowhere in this discussion of “sporting purposes” is there any latitude given for personal protection and home defense under the second amendment to the constitution of the United States). This single paragraph renders the study itself as useless as the statute has become.

As to the issue of the usefulness of military style features on weapons, I remark:

Ask any skeet shooter if s/he enjoys stopping every five shells and the answer makes for easy dismissal of authors’ objections to these features on firearms. Another example might be feral hog hunting, which usually occurs at night since these are nocturnal creatures. Feral hogs are destroying the American landscape, causing many farmers in the American South to go out of business, attacking household pets and even humans.  According to NFS and game control experts, they are multiplying more quickly than can be accommodated by lethal removal. Not only is feral hog hunting a sport involving guides and businesses specifically for that purpose, it may be necessary for lethal removal to be increased by an order of magnitude to save the American farmer.  Nocturnal hunting requires enhanced or tactical lights on Picatinny or Weaver rail systems, and hunting feral hogs might require high capacity magazines. Finally, note that some shooters have medical problems such as arthritis. Pistol and forend grips used for any sport and with any weapon can not only make the weapon less painful to use, it can make the difference between whether the shooter can engage in the sport at all. So with three examples (skeet shooting, feral hog hunting and medical problems) it has been demonstrated that the list of firearms features supplied by authors as not adaptable for sporting make the firearms more adaptable for sporting, and it is the proposed ATF regulations that are directly contrary to the practice of sporting. Many more such examples could be supplied.

I conclude the comments with this summary:

In general I find that the study [a] appeals to authority without citation of those authorities, [b] engages in circular reasoning in that conclusions are fixed at the outcome of the discussion (i.e., ensuring the continued usefulness of a particular statute), [c] is dated and out of touch with current practice, [d] ignores legitimate uses of certain weapon features for various sporting functions and activities, [e] fabricates arbitrary categories, [f] makes what can be demonstrated to be material false assertions. As such, this study cannot be used for promulgating regulation without damage being done to the constitutional rights of citizens of the United States.

Regardless of the disposition of this particular set of proposed regulations, this action by the ATF is yet another warning shot.  The ATF is working very hard to ensure that purchasing and using weapons – legally – is as hard as possible.  And yet the bureau might just take an even harder turn to the left.  If we learn nothing else through this study and related efforts, we learn that the Obama administration is no friend to second amendment rights.

Herschel Smith Comments on_ATF_Study on the Importability of Certain Shotguns

UPDATE: Thanks to Glenn Reynolds for the link.

Concealed and Open Carry on College Campuses

BY Herschel Smith
14 years, 2 months ago

Texas isn’t doing so well on the campus concealed carry front, with the proposed legislation stalled after two democrats pulled their support.  But Arizona is doing better with legislation having passed that allows legal carry on campuses, and the legislation awaits the Governor’s signature.  Amusingly, note the hand-wringing in the Boston Globe.

The Arizona legislature passed a measure yesterday hat (sic) would force colleges and universities in the state to allow properly-licensed students and staff to carry firearms — concealed or in open view — while walking or driving through campus. If signed by Governor Janice Brewer, a supporter of gun-owner rights, Arizona will join Utah in redefining the notion of marksmanship on campus. It is no longer just about grades.

As compromise to opponents in the state senate, the Arizona bill was strategically narrowed from an earlier version that would also have permitted concealed firearms in dorms, classrooms and other campus buildings. Meanwhile, lawmakers in the similarly gun-lovin’ state of Texas are continuing to deliberate on such a broad proposal.

The shifting tide in at least one corner of America is a victory for Students for Concealed Carry, a national organization formed after the 2007 Virginia Tech massacre. But many faculty see it as as (sic) the makings of a hostile workplace. How comfortable would instructors be in handing out poor grades to students who may be packing heat? No wonder that the faculties at all three state universities in Arizona overwhelmingly voiced opposition to the guns-on-campus bill. Apparently, their voice of reason and concern was trumped by those calling for unrestricted gun rights.

Notwithstanding debate over the scope of the Second Amendment, it is important to consider the risks and benefits of permitting an armed campus. Although the interest of some in feeling protected against an armed assailant is clearly understandable, the likelihood of such incidents is remarkably remote.

On average, fewer than 20 homicides occur annually on college campuses around he country. Without minimizing the gravity of any loss of life, this annual victim count of is out of the tens of millions who study or work at institutions of higher education. Those who seek to enhance the safety and well-being of students would be better advised to advocate for increased resources for preventing binge drinking, drug overdoses as well as suicides, which together claim the lives of thousands of college students every year.

Given the low incidence of serious violence on campus and the high prevalence of substance abuse and depression among college students, it makes little sense to encourage gun carrying by anyone other than duly-sworn public safety personnel.

It is an unfortunate fact that college campuses are not violence-free. For that matter, few places are. Perhaps Arizonans who are so worried about personal safety that they would want to study with gun at hand should explore the risk-free alternative: an online degree from the University of Phoenix.

There are so many problems with this that it’s difficult to know where to start.  No one is calling for unrestricted gun rights.  Convicted felons still cannot have guns (I personally believe that it should be limited to felonies involving violent crime).  The sarcasm at the end of the piece is unbecoming of serious prose.  The author has limited his assessment to deaths, but ignored sexual crimes.  But possibly the most glaring error was noted by a commenter.

So if the likelihood is remarkably remote, what’s the risk?

Is it your claim that the likelihood is attenuated by law?

The paradox apparently doesn’t announce itself to the author of the post.  The risk is exceedingly small, but allowing concealed carry apparently increases the risk.  Note again.  The risk of injury, sexual assault and death is minimal with only the criminals carrying weapons, but if we allow law-abiding citizens who have sustained a background check, had their medical history examined for substance abuse and mental health problems (like I had to for a concealed carry permit application), and been through training on firearms safety to legally carry a firearm, the risk is exceedingly large.

How many professors really worry that students who are legally carrying will fire on them if they issue bad grades?  Really.  This isn’t rhetorical.  I’m interested to know if a professor really believes that someone who is legally carrying is a threat to their safety, and if so, why they aren’t themselves already carrying a weapon (because of the illegal carrying of weapons by criminals and the risk it poses)?

I Renewed My NRA Membership Today

BY Herschel Smith
14 years, 3 months ago

So I renewed my NRA membership today.  Regular readers know that I had struggled with this issue, and in fact had begun asking salient questions around four months ago.  Brave warriors of the NRA did yeoman’s work trying to defend the NRA’s unofficial endorsement of Harry Reid, but in the end there was no excuse worthy of the argument.  To have sold out the honorable reputation of the NRA for Harry Reid’s having thrown a few dollars at the Clark County Shooting Park while ignoring the fact that he gave us SCOTUS justices Elena Kagan and Sonia Sotomayor is petty and embarrassing.

So what changed my mind?  Well, there are good winds blowing, at least for the moment.

President Barack Obama’s op-ed column in the March 13 Arizona Daily Star invited all sides of the gun-control debate to a series of meetings in Washington.

Two problems: The President invited the NRA to the summits — which declined to attend — but neglected to extend invitations to other influential Second Amendment advocacy groups, such as the Second Amendment Foundation (SAF) and the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA).

CCRKBA Chairman Alan Gottlieb said it was odd that the CCRKBA, nor its sister organization, the SAF, were invited to the meetings — especially since it was the SAF’s Supreme Court challenged that resulted last summer’s McDonald v. City of Chicago ruling that solidified the Second Amendment’s protection of an individual civil right.

The NRA declined the invitation but responded to Obama’s op-ed with an open letter on March 15 by Executive Vice President Wayne LaPierre and Executive Director of the NRA Institute for Legal Action Chris Cox. The letter said Obama says one thing (i.e. the Second Amendment guarantees a person to bear arms) and acts another way (i.e. setting in place regulations restricting gun rights), and ripped his administration for being “under a cloud for allegedly encouraging violations of federal law.”

“We suggest that you bring an immediate stop to BATFE’s ‘Fast and Furious’ operation, in which an unknown number of illegal firearm transactions were detected – and then encouraged to fruition by your BATFE, which allegedly decided to let thousands of firearms ‘walk’ across the border and into the hands of murderous drug cartels,” the letter alleges. “One federal officer has recently been killed and no one can predict what mayhem will still ensue.  Despite the protests of gun dealers who wished to terminate these transactions, your Administration reportedly encouraged violations of federal firearms laws…”

Gottlieb, on the other hand, said he would love to speak with Obama during the meetings, which began on March 15 at the White House and will continue through the end of the month. He “would be eager to talk with the White House, especially about the ‘Project Gunrunner’ and ‘Fast and Furious’ scandals, where federal agents helped facilitate gun sales to suspected gunrunners,” he wrote in CCRKBA’s response to the President’s op-ed.

As Gun Rights Examiner David Codrea noted in his March 15 column on examiner.com, the ways the NRA, SAF, and CCRKBA — and other Second Amendment advocacy groups — reacted demonstrates “that the ‘gun lobby’ is not the monolith the media often portrays it to be.”

But Blogosphere Buzz Examiner Bill Belew in his March 16 column asks if the NRA, SAF, and CCRKBA aren’t going to the President’s gun summits, what pro-Second Amendment groups are?

Analysis & Commentary

This is a strong statement by the NRA against Obama’s “summit,” and Chris Cox made an equally strong statement against the proposed recapitulation of the ban on high capacity magazines.  In seventh grade I had a teacher who posed the following dilemma to us.  Six of us are on a life boat, and there is no hope of immediate rescue.  Five can be kept alive if they vote and decide on who gets to be the one who is killed as food for others.  Then there were five who were starving, and the five turned into four, and so on.  You get the picture.

All manner of compromise, argumentation and judgment of worth occurred over the next hour.  When it came my turn to talk (after I was called upon), I refused to play and said that “It’s the devil’s game, and I won’t play the devil’s game.  God is sovereign, and if He decides that today is a good day for me to die, then I die.  There are worse things than dying, such as dying and then facing your maker having just been guilty of murder.  So I won’t play your dumb-ass game.”

It was a hard year for me, and the teacher and I had many run-ins, but I didn’t compromise.  Compromise is usually thought of in today’s culture, with it’s lack of moral foundation, as the “art of politics,” or some such inanity. Rather than being artful, it’s what gave us the massive debt our country now faces.  Compromise gave us a country addicted to social programs and redistribution of wealth, and compromise gave us an out-of-control ATF (who also wants to ban the import of things such as Saiga shotguns, something I’ll be weighing in on shortly).

But compromise is the devil’s game, and he wants more than anything for us to play it.  Compromise is even more effective than a frontal assault, because it masks true intentions and buries real circumstances in a subterfuge of details, codes, argument and hand-shaking.

Wayne LaPierre held strong on Obama’s compromise summit, and since there is no reason to trust that Obama wants anything more than to solicit the NRA’s support on stricter gun control and thus undermine any objections to his nefarious plans, there was no reason to go at all.

But what about Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms?  The NRA is the most powerful lobby on earth, and there is no reason that it should kowtow to anyone who is aiming for the dissolution of gun ownership rights.  The temptation is always there, but the NRA shouldn’t succumb to it.  Similarly, it’s a dastardly road, this quest to be important, significant or big.

I understand the desire of the SAF and the CCRKBA to be involved and even invoked when firearms rights are discussed.  But when the desire for significance overwhelms good judgment and causes a pro-second amendment foundation to want to meet with an enemy of the second amendment, that foundation has lost its focus as much as the foundation that stands firm now against Obama but abdicates its responsibilities later when enough money is floated, or in other words, when Harry Reid starts another shooting park to get the NRA endorsement.  I love my RRA Elite Car A4 and my Springfield Armory XDm .45, and I use them for personal and family defense (and recently put 400 rounds down range to practice for the day I hope will never come).  But I’ll find another place to shoot rather than take a handout from someone who eventually wants to take the guns away.  It’s called having values.

Compromise is the devil’s game.  It’s for people who have no values.  I have renewed by NRA membership for another year, and I’ll be watching them to see if we have any more compromises.  I can always terminate my membership in a year.

UPDATE: Thanks to Glenn Reynolds for the link!

Philadelphia G.I. Cop Deranged Over Open Carry

BY Herschel Smith
14 years, 3 months ago

Here is the backdrop.  The Philadelphia police spy someone legally engaged in open carry, accost the citizen, and later find out they are being recorded (it’s too bad that we have no video, this is audio only).

Can someone tell me why this is okay?  I don’t see any reason for this being acceptable behavior for any police officer, anywhere.  It’s not acceptable for an officer not to know the constitution, it’s not acceptable for a police officer not to be cognizant of his own department’s policies, and it’s not ever acceptable for a police officer to verbally abuse someone.

Or perhaps Philadelphia wants to be known as “The city of brotherly get the fuck on your knees and shut the fuck up,” especially if you aren’t one of the few in a city of around 1.5 million people who are personally known by a police officer?

Let Him Who Has No Gun Sell His Robe and Buy One

BY Herschel Smith
14 years, 5 months ago

From AJC:

A gun rights group filed a notice Wednesday that it will appeal a federal judge’s dismissal of a suit challenging a state law banning weapons in churches, mosques and synagogues.

John Monroe, the attorney for GeorgiaCarry.org, filed a notice that he plans to ask the 11th U.S. Circuit Court of Appeals to review U.S. District Judge Ashley Royal’s decision. Royal ruled Monday that a 2010 law that lists places of worship among locations where guns are not allowed did not violate the First Amendment right to freedom of religion or the Second Amendment guarantee of a right to bear arms.

The lawsuit — brought by GeorgiaCarry.org, the organization’s past president and  the minister at the Baptist Tabernacle of Thomaston — challenged the inclusion of places of worship on a list of places where guns are not allowed —  government buildings, courthouses, jails and prisons, state mental hospitals, nuclear power plants, bars without the owner’s permission and polling places.

The suit called the handgun “the quintessential self-defense weapon in the United States.” Former GeorgiaCarry.org president Ed Stone and other worshipers argued that they should be able to arm themselves “for the protection of their families and themselves” without fear of arrest and prosecution on a misdemeanor charge. The Rev. Jonathan Wilkins of the Baptist Tabernacle said he wanted to have a gun for his protection while working in his church office.

The church claimed members’ efforts to practice their faith had been “impermissibly burdened” because they felt they needed to be armed but feared being arrested if they brought their guns to services.

And Stone wrote in a filing that his  “motivation to carry a firearm as a matter of habit derives from one of my Lord’s last recorded statements at the ‘last supper,’ that ‘whoever has no sword is to sell his coat and buy one … I believe that this injunction requires me to obtain, keep and carry a firearm wherever I happen to be.”

Jesus told us that “The things that proceed out of the mouth come from the heart, and those defile the man” (Matt 15:18).  Man is no tabula rasa, but guns are what theologians call adiaphorous, or morally neutral.  Christ knew that his people would need protection, and thus he commanded that self preservation come even before clothing.

That’s the key, isn’t it?  It’s something the pro-gun control lobby doesn’t get.  Ownership of firearms has nothing to do with wishing others harm or even in inflicting harm.  It’s always best if a weapon works as a deterrent.  But a man’s life is worth so much that God expects us to do our utmost to preserve and protect it.

Unfortunately, Judge Royal’s decision isn’t based on the idea self preservation.  This church (along with others like it) is now the most vulnerable place around for a perpetrator of a crime to cause carnage and take innocent lives.  The Judge doesn’t intend it, but she has made those parishioner’s time at worship much more dangerous.

Christ said “let him who has no sword sell his robe and buy one” (Luke 22:36).  Judge Royal has now come in between these men and their God-given duty to protect their families.

Prior:

Obama Administration to Press for Gun Control

Second Amendment Challenge

UPDATE: Thanks to Glenn Reynolds at Instapundit for the link.

Obama Administration to Press for Gun Control

BY Herschel Smith
14 years, 5 months ago

So my oldest son Joshua calls me up and says to me, “Well, you were right.  Look on Drudge right now.  In the wake of the Arizona shooting, the White House is going to press for more gun control.”  I responded that just as a leopard cannot change it spots, Obama cannot change himself.  He is a statist and everything he does will be consistent with that worldview.

I had predicted to my son that the Obama administration will press for more gun control, which (I speculated) will include not only a ban on high capacity magazines, but a renewed “assault weapons” ban, extended waiting periods for any firearm – including long guns – and a whole host of other things.  Time will tell the scope and breadth of the proposed legislation, but this should become more apparent within the next few weeks.

At the beginning of his State of the Union address, President Obama tipped his hat to Rep. Gabrielle Giffords, who’s now recuperating in a Houston medical facility. But throughout the hourlong speech, he never addressed the issue at the core of the Giffords tragedy—gun control—and what lawmakers would, or should, do to reform American firearm-access laws.

That was intentional, according to the White House. An administration official says Obama didn’t mention guns in his speech because of the omnipresent controversy surrounding the Second Amendment and gun control. Tuesday’s speech was designed to be more about the economy and how, as Obama repeated nine times, the U.S. could “win the future.”

But in the next two weeks, the White House will unveil a new gun-control effort in which it will urge Congress to strengthen current laws, which now allow some mentally unstable people, such as alleged Arizona shooter Jared Loughner, to obtain certain assault weapons, in some cases without even a background check.

Tuesday night after the speech, Obama adviser David Plouffe said to NBC News that the president would not let the moment after the Arizona shootings pass without pushing for some change in the law, to prevent another similar incident. “It’s a very important issue, and one I know there’s going to be debate about on the Hill.”

The White House said that to avoid being accused of capitalizing on the Arizona shootings for political gain, Obama will address the gun issue in a separate speech, likely early next month. He’s also expected to use Arizona as a starting point, but make the case that America’s gun laws have been too loose for much longer than just the past few weeks.

Even though Loughner used a pistol (Glock 9 mm) with an extended magazine, the administration will make a case for a renewed ban on every weapon that could possibly be placed in that category, including long guns.  I had previously issued a challenge concerning extended magazines and other such bans of hand guns, posing the question whether such a ban is logically and constitutionally legitimate.  To date there hasn’t been even a hint of success in supporting such a ban.

It doesn’t matter.  In the spirit of Rahm Emanuel’s dictum never to let a crisis go to waste, the White House doesn’t want to appear to be capitalizing on the Arizona shooting, but intends to capitalize on the Arizona shooting.

Prior:

Second Amendment Challenge

Legislation on High Capacity Magazines

Breyer: Founding Fathers Would Have Allowed Restrictions on Guns

UPDATE: I was right about the assault weapons ban.

“The president has been clear about his position on the assault-weapons ban, to use an example … back in the campaign, that’s been restated,” Mr. Plouffe said.

Candidate Obama supported reinstating the assault-weapons ban, which expired in 2004 – and which included a ban on high-capacity magazines. But since becoming president, Obama has largely steered clear of the gun issue. New York Mayor Michael Bloomberg chided Obama Wednesday for making no mention Tuesday of what he called “the broken background check system.”

Forget about high capacity magazines.  Those will get swept up in the larger rubric of “assault weapons.”  He’s going for bigger fish in this legislation.

Second Amendment Challenge

BY Herschel Smith
14 years, 5 months ago

A study of the current public debate (including comments generated from Legislation on High Capacity Magazines) shows that the arguments by pro-gun control advocates generally fall into one or more of three categories.  The first category is hyperbolic, exaggerated and overheated prose.

For example, E. J. Dionne, Jr., writing for The Washington Post, believes that advocates of the Second Amendment hold “peculiar” views, that they are “extremists,” and that their rhetoric has been instrumental in blocking legislation that would have saved lives.

I came to realize, partly from e-mail exchanges with ardent foes of gun control over the years, that the real passion for a let-anything-go approach to guns has little to do with culture or hunting. It is rooted in a very peculiar view of how America has maintained its freedom. Rep. Ron Paul, as is his wont, expressed it as plainly as anyone.

“The Second Amendment is not about hunting deer or keeping a pistol in your nightstand,” the Texas Republican declared in 2006. “It is not about protecting oneself against common criminals. It is about preventing tyranny. The Founders knew that unarmed citizens would never be able to overthrow a tyrannical government as they did. . . . The muskets they used against the British army were the assault rifles of that time” …

The approach to guns, violence and “tyranny” promoted by loud voices on the right has been instrumental in blocking measures that could at least have contained the casualties in Tucson – or at Virginia Tech or Columbine. Extremism in defense of feeble gun laws is no virtue.

Dionne doesn’t really know any of this as we will discuss further, but while the Washington Post attempts to frame their anti-gun views in respectable arguments, a discussion thread at Media Matters (focused on the so-called Second Amendment Remedy) turned quickly into a lambaste of “right wing extremists,” and one commenter weighs in by saying that “the “Second Amendment Remedies” remark is one that even the most hypnotized wingnuts won’t generally defend.”

But Ken Klukowski, a research fellow at Liberty University School of Law, observes:

This right has two purposes. One is so Americans can defend themselves from criminals. Another — talked up by the Tea Party but ridiculed by the liberal elite — is that the Second Amendment protects citizens against our own government.

The Supreme Court declared in its landmark 2008 D.C. v. Heller decision — a decision praised by Rep. Gabrielle Giffords, D-Ariz. — that the Second Amendment was enshrined in the Constitution because when vast numbers of citizens have guns and know how to use them, “they are better able to resist tyranny.”

When serving on the California Supreme Court, now-D.C. Circuit Judge Janice Rogers Brown observed, “political writings of the [Founding Fathers] repeatedly expressed a dual concern: facilitating the natural right of self-defense and assuring an armed citizenry capable of repelling foreign invaders and quelling tyrannical leaders.”

Ninth Circuit Judge Diarmuid O’Scannlain explained the Second Amendment “right contains both a political component — it is a means to protect the public from tyranny — and a personal component — it is a means to protect the individual from threats to life or limb.”

The most sobering words come from Judge Alex Kozinski of the 9th Circuit, who wrote, “the simple truth — born of experience — is that tyranny thrives best where government need not fear the wrath of an armed people.”

The son of Holocaust survivors, Kozinski continued, “The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed — where the government refuses to stand for re-election and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies seem today, facing them unprepared is a mistake a free people get to make only once.”

When leftist rhetoric suffers from a refusal to do even the most basic homework, it’s difficult to take it very seriously.  The second category into which much rhetoric seems to fit is one of a fundamentally flawed mechanical understanding of firearms and how they work.

Robert Rector, writing for the Pasadena Star-News, says that he’s ex-Army, but then treats us to this confused set of plans for gun control:

The Second Amendment is a reality. We have the right to keep and bear arms and I do not wish it repealed … I do believe we need to reinstitute the federal assault weapons ban, signed into law by President Clinton and allowed to expire under President Bush. It would, among other things, have prohibited the magazine which allowed the shooter to fire 33 rounds before he was stopped.

I believe we need effective gun control. The right to bear arms doesn’t allow you to own nuclear weapons, surface-to-air missiles or flame-throwers. We should add to that list semi-automatic handguns, super-sized ammo magazines and concealed weapons of any kind.

Rector doesn’t wish the Second Amendment to be repealed, but he wishes to ban semi-automatic handguns, high capacity magazines and “concealed weapons of any kind.”  How exactly one could allow Second Amendment rights and yet ban the ownership of any weapon that could be concealed isn’t explained (or obvious).  Perhaps Rector wants us to return to single action pistols (that aren’t concealable – if there is such a thing), but he justifies this by denying a right to own a nuclear weapon.

The third category into which much of the rhetoric falls is illogical.  Most proponents of a ban on high capacity magazines confuse causation with correlation, and one may include the “excluded middle” in their list of problems.  If high capacity magazines weren’t so readily available, they say, crimes like this wouldn’t occur.  But this hasn’t been demonstrated, and there are other options.  The shooter could simply become skilled at rapid magazine changeout (and see here and here too).  Or perhaps since criminals don’t care about the law, they might choose to steal a high capacity magazine or obtain one on the black market.  Another option might be to become skilled at the use of tool and die equipment and fabricate their own (after all, it’s only a box with a spring).  Yet another option would be to carry two or more handguns, with rounds chambered, so that magazine changeout would be unnecessary.  The reader may be able to come up with more options.

Besides being unable to demonstrate that a ban on high capacity magazines would effect the desired outcome, it is a particularly ghoulish and creepy argument anyway to say that it’s okay for a shooter to kill ten people in a crowd (the proposed limit on magazine capacity), but greater than ten deaths is not acceptable.  The threshold is completely arbitrary and totally capricious.

One may add to the list of logical fallacies ad hominem insults and an appeal to authority (the genetic fallacy).  The leftists are especially crowing about alleged gun rights advocates supporting the proposed ban on high capacity magazines.  Vice President Dick Cheney may be open to the idea, although he doesn’t explain what he thinks it will accomplish.  And Peggy Noonan even recommends that Obama pursue the idea, while observing that the GOP likely won’t fight it in the Congress.

What civilian needs a pistol with a magazine that loads 33 bullets and allows you to kill that many people without even stopping to reload? No one but people with bad intent. Those clips  were banned once; the president should call for reimposing the ban. The Republican Party will not go to the wall to defend extended clips. The problem is the Democratic Party, which overreached after the assassinations of the 1960s, talked about banning all handguns, and suffered a lasting political setback. Now Democrats are so spooked they won’t even move forward on small and obvious things like this. The president should seize the moment and come out strong for a ban.

Of course, Noonan gives us yet another problematic argument, i.e., assuming that the Constitution is discussing needs rather than rights.  The road down which she turns is a dastardly one indeed, since Noonan may be not able to convince an empowered government that she needs an automobile for travel or a computer for writing her commentaries.

So here is a challenge – a Second Amendment challenge.  Give us an argument by which we may conclude that a ban on high capacity magazines (or semi-automatic handguns) is constitutional and will effect the desired outcome.  Do so without using hyperbolic, exaggerated language and without insults, and make it demonstrably logical in its construction.  In all of my study I have yet to run across such an argument.

Prior: Legislation on High Capacity Magazines

Legislation on High Capacity Magazines

BY Herschel Smith
14 years, 5 months ago

Representative Carolyn McCarthy (D-N.Y.) has introduced legislation to “restore the prohibition on large capacity ammunition feeding devices in the United States.”  She intones, “Though it will remain impossible to estimate, I believe that the increased difficulty in obtaining these devices will reduce their use and ultimately save lives.”  Law abiding citizens who want to obtain the high capacity magazines through legal means will be prohibited from doing so under her new laws, and the criminals will still obtain whatever they want by any means that they want.  Representative McCarthy is a stooge.

Her legislation goes even further than the assault weapon ban that expired in 2004, outlawing the sale or transfer of clips that hold more than ten rounds, even those obtained before the law takes effect.  Proponents have argued that there is no “need” for such magazines.  Neither is there a “need” for me to eat steak, but it tastes good.  When a politician uses the phrase “there is no need” in the context of firearms, it only goes to show that they don’t yet acquiesce to the notion of rights.

But let’s play this silly game of “need” for a moment.  Could you tell Ramon Castillo in Houston, Texas, that there was no need for a high capacity magazine after having to save himself and his wife by killing three assailants?  According to the police:

Investigators said so many shots were fired inside the jewelry shop in a two- or three-minute span that they could not estimate the number of rounds. “We’ve got bullet fragments all over the place, casings all over the place, shotgun slugs all over the place, so it’s really hard to determine at this point how many rounds were actually fired – but quite a few.”

Castillo used at least three different firearms: a 9mm, .380, and a shotgun.  Or how about feral hogs?  Ask the dog boys around Abbeville and parts of Northern Georgia how threatening 400 – 500 pound feral hogs can be to children and even adults, and how, at times, dozens of rounds have to be fired to take them down.  If a 400 pound feral hog was running towards your child, do you think you might want a high capacity magazine?  Oh, and they’re in about 40 states now, and after breeding with imported and violent Eurasian boars, there are about six million of them.

In Des Moines they apparently believe that the framers never figured on a right to bear a Glock, and elsewhere the phrase killing machines has taken on an evil connotation.  In Knoxville, Jack McElroy gets his numbers wrong, talking about a 31-round clip.  I have a 30 round magazine, but you know, you have to count that one in the chamber (30 +1), if you go to the trouble of putting it there.

But none of these individuals has had to defend his life like Ramon Castillo, or had children attacked by feral hogs.  So this silly need game that we just played is a Red Herring.  Can we get back to talking about rights?


26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (41)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (298)
Animals (308)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (390)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (89)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (4)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (244)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (39)
British Army (36)
Camping (5)
Canada (18)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (17)
Christmas (17)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (217)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (192)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,836)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,695)
Guns (2,375)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (48)
ICOS (1)
IEDs (7)
Immigration (122)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (82)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (281)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (45)
Mexico (69)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (31)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (63)
Nuristan (8)
Obama Administration (222)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (74)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (669)
Police in COIN (3)
Policy (15)
Politics (990)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (497)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (704)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (77)
Survival (210)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (17)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (8)
U.S. Border Security (22)
U.S. Sovereignty (29)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (104)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (424)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

June 2025
May 2025
April 2025
March 2025
February 2025
January 2025
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2025 Captain's Journal. All rights reserved.