All posts by Carl Bussjaeger

Firearms Policy & Law Analyst at The Zelman Partisans Personal Blog: https://www.bussjaeger.us/blog/

Children

Another school shooting, in Nashville this time. Details are sparse: three dead child victims, one dead asshole perp. No ages, no weapon described.

But that doesn’t stop commenters from jumping to conclusions.

Robert Smith
27 minutes ago

And the AR-15 makes it so much easier to accomplish this.

One more time: no weapon described. And handguns are used far more often than rifles.

Then there’s this person.

The Big Wrench
46 minutes ago

400,000,000 guns in people’s hands in this country. Guns are the leading cause of death for children in the US.

Let’s take that one at time.

400,000,000 guns. If guns were the cause, the country would have been completely depopulated years ago. Maybe, just maybe… it’s somethingone else.

Let’s get a tally in comments: How many people have your own guns killed so far?

As for guns being the leading cause of death for American children… It’s true that the CDC makes that claim. But as seems to be the usual case, they’re lying.

The CDC reported 4,368 child deaths by gunfire in 2020, the vast majority of which were homicides, followed by suicides.

Let’s cruise over to the CDC’s WISQARS Fatal Injury Reporta and check that number.

To get 4.368, you have to use an age range of 0yo through 19yo. Yes, they included legal adult gangbangers as “children.” Odd that, since the federal definition of “children” is “TWO YEARS TO TWELVE YEARS. Note the to;  not through group, that means under twelve. Twelve years fall into the next group, adolescents.

So now that we know what children really are, what’s WISQARS say?

314 dead by firearm. The CDC inflated the the number of “children’s”deaths by 14 times. 207 of those were homicides; far too high, but not indicative that the problem is inanimate guns. 21 were suicides; parents pay attention.

I mentioned adult gangbangers. Take a look at the first three results of a web search on “18 year old killed gang”:

18-year-old sentenced for 2021 gang shooting in Caldwell
Almaraz demanded that another individual in the vehicle hand him a handgun and then fired seven times into a group of individuals who were running away, hitting Hernandez and another 19-year-old man

18-year-old killed in gang-related shooting outside north Fresno bowling alley identified

18-Year-Old Killed in Gang-Related Shooting in Fullerton
Detectives are investigating the incident and believe the shooting was gang related, police said Wednesday.

That last one was in 2020, the period of the CDC “study,” so that 18yo gang member was one of their “children.” But “The Big Wrench” believes it because he feelz, since thinking — and Bog forbid researching hard facts — is too hard.

And just might hurt his feelings.

 

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So Where Did The Vest Money Go, Uvalde PD?

Last year’s Robb Elementary School shooting in Uvalde, Texas was horrific. The cold-blooded murder of 21 students and teachers was bad enough. But the “police” response that enabled the asshole to do it was, in some respects, even worse.

The shooter started firing at a location near the school. At least one officer was on-scene and saw the known shooter. He decided to radio in for permission to take down the soon-to-be-murderer.

That didn’t happen, so the chumbucket got into the “locked” school.

And spent over an hour inside killing people as students called 911 and begged the police to help them.

There were hundreds of law enforcement personnel on-scene. And while some entered the school building, they didn’t go into the classrooms where the killer was killing children. They retreated when they heard gunfire.

Bad enough. But at least one officer did want — and tried — to go in. Other officers physically restrained him, and reportedly he was threatened with actual arrest for attempting to save children. I suppose that would have made the rest of them look bad even worse; if that’s even possible.

In recent days, the Uvalde Police Department was been trying to excuse their failure. The real culprit, you see, was the perp’s evil “AR-15.”

Uvalde Cops with AR15s Blame AR15s For 21 Murders, Not Cowardice ~ VIDEO
“We weren’t equipped to make entry into that room without several casualties,” Uvalde Police Department Detective Louis reportedly said, adding, “Once we found out it was a rifle he was using, it was a different game plan we would have had to come up with. It wasn’t just going in guns blazing, the Old West style, and take him out.”

Correctly, that column ridicules the police cowardice. Other reports are more fawning and supportive of the poor under-equipped police facing that evil black “AR-15” that the US military issues to soldiers.*

“He has a battle rifle”: Police feared Uvalde gunman’s AR-15Even though some officers were armed with the same rifle, they opted to wait for the arrival of a Border Patrol SWAT team, with more protective body armor, stronger shields and more tactical training — even though the unit was based more than 60 miles away.

“You knew that it was definitely an AR,” Uvalde Police Department Sgt. Donald Page said in an interview with investigators after the school shooting. “There was no way of going in. … We had no choice but to wait and try to get something that had better coverage where we could actually stand up to him.”

The poor dears didn’t have body armor that could stop a .223/5.56 round from an “AR-15.”

Why not?

Oh, you might think that a smaller department like Uvalde might not have foreseen the need for something that could stop an intermediate-powered round, facing such so little. Who can predict the future with 100% accuracy?

The problem is

The Uvalde Police Department is pleased to announce that we have completed the process, and been awarded grant funds through the Office of the Governor to outfit EVERY Uvalde Police Officer with Level 4 body armor.

Almost four years before the Robb Elementary cluster-f###, the UPD was bragging about having the money in hand to equip every single officer in the department with Level IV body armor.

LEVEL IV IS DESIGNED TO HANDLE:
One hit from 7.62MM armor piercing rifle (APR) bullet with a velocity of 2880 ft./s.

If it’ll stop an armor-piercing .308/7.62, it should stop a .223/5.56 round.

Why weren’t they wearing those Level IV vests? Where were the vests? Were they ever actually… you know… purchased?

Where did the money go? The money they said, in 2018, that they had in their grubby, coward paws?

What did the Uvalde “police” think was more important than the lives of nineteen children and two teachers?

And what does the state of Texas think about state grant money being diverted… to whatever?


* A digression:

“The gunman had an AR-15, a rifle design used by U.S. soldiers in every conflict since Vietnam.”

In all my years of service, I was never issued an AR-15. I never saw an AR-15 used by the military. I was never issued any semi-auto rifle, only select-fire.

Does reporter police stenographer/apologist Zach Despart know the difference between the M-16/M-4 family, and the AR-15? Probably not, since he hasn’t even figured out that the Robb Elementary asshole did not have an AR-15. According to all credible reports, he used a Daniel Defense DDM4, not a Colt Manufacturing AR-15 (trademarks and manufacturing differences matter).

By the way, a “battle rifle” is chambered for a full-power rifle round, not an intermediate-power round like .223 Rem/5.56 NATO. Just sayin’.

 

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FFLs For Everyone

Whether you like it or not.

As had been previously announced, Gropin’ Joe Xiden has signed another executive order “on Reducing Gun Violence and Making Our Communities Safer.”. I may be a little late to the game, but I was waiting for the actual order, to see the details.

There’s plenty of objectionable material in there — using the Federal Trade Commission to finds loopholes in the Protection of Lawful Commerce in Arm Act to sue firearm industry, using the DOD’s buying power to pressure the industry, more and harder “red flag” laws, and more — but I’m going to focus on this part.

clarify the definition of who is engaged in the business of dealing in firearms, and thus required to become Federal firearms licensees (FFLs), in order to increase compliance with the Federal background check requirement for firearm sales, including by considering a rulemaking, as appropriate and consistent with applicable law;

On the one hand, you might welcome the ATF finally formalizing one single definition, as opposed to the current method of a dealer is whoever we say it is this time, until we change our minds to screw someone else.

On the other hand, you should take a look at the motivation behind this. Xiden is redefining “dealer”…

with the goal of increasing the number of background checks conducted before firearm sales, moving the U.S. as close to universal background checks as possible without additional legislation.

They can’t pass universal preemptively-prove-your-innocence checks legislatively, so the Groper-In-Chief is once again arrogating the powers of Congress unto himself, and implementing universal PPYI through executive fiat.

On the bright side, when this goes through proposed rule-making, I’ll be able to copy and paste my arguments on that arrogation from TZP’s comments on the redefinition of “firearm.” It’ll save some time.

Since universal rights violation is the goal, who will that make a “dealer”? I expect the answer can be found in failed universal check legislation. Typically, such bills require background checks on virtually all firearm transfers, but exempt exchanges between certain specific family members and temporary loans when the owner is still present (hunting and range time, typically).

If you sell any firearm — just one — to someone who isn’t one of those typical exceptions, I think the ATF is going to call you a dealer. And unless you get your FFL before you make that transfer, they’ll nail you on a felony 18 U.S. Code § 922 (a)(1)(A) violation.

Alternatively, millions of gun owners could apply for FFLs to cover out butts, generating lots of revenue for the feds. But at least we’d overwhelm and likely crash their systems.

 

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“Conveniently” Preemptively Proving One’s Innocence

Former ATF agent, and once-wannabe Director, David Chipman thinks that delaying Second Amendment rights by requiring people to pay good money to beg the government to give them permission to purchase a firearm by first proving they are not a criminal, and then waiting even longer if the feds can’t do their — unconstitutional — job in a timely manner, is convenient.

“This is a security system set up in such a way as not to inconvenience gun buyers and sellers,” Chipman said. “There is no other security system that I’m aware of that is set up in this way. Think of it: the TSA (Transportation Security Administration) was set up to prevent another 9/11. But the nature of that job requires putting people at some inconvenience.”

The TSA comparison is interesting, and strongly suggestive of what he’d like to inflict on citizens.

I recall the first time I had to endure the NICS check. After years of conveniently just paying my money and taking my new gun home, I decided to buy a little Marlin .22 rifle. And then the gun shop told — quite apologetically; it wasn’t their fault — that I had to pay extra for a background check.

Me, a military veteran and former peace officer, gainfully employed, with a clean record.

But I had to let the gov prove it first.

Neither I nor the gun shop found that “convenient.”

 

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Just So You Know…

Preserving the Second Amendment is unconstitutional. At least in the Eastern District of Missouri.

US judge strikes down Missouri gun law as unconstitutional
U.S. District Judge Brian Wimes ruled the 2021 law is preempted by the federal government under the U.S. Constitution’s supremacy clause.

“At best, this statute causes confusion among state law enforcement officials who are deputized for federal task force operations, and at worst, is unconstitutional on its face,” Wimes wrote.

Unconstitutional federal laws take precedence over constitutional state laws.

Lessee… Yep. Wimes is an Obama appointee.

 

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Non-Citizens And Gun Control

I made a bet with myself: Most folks seeing that title probably thought I’d be talking about illegals. Nope. I’m talking about another class of non-citizens in America.

No, not green card holders either.

David Codrea wrote a column about a recent DOD report on suicide prevention in the military.

DOD Suicide Report Long on ‘Gun Control’ But Short on Who’s at Risk and Why
That means focusing on guns, and considering that’s what the majority of service suicides use to end their lives, that’s understandable. What’s arguable, though, is whether putting the major emphasis on means neglects the important questions of “Who?” and “Why?”

David covered the topic fairly well, so I won’t rehash it all. TL;DR: It calls for lots of gun control for military members.

But it — the report, Preventing Suicide in the U.S. Military: Recommendations from the SuicidePrevention and Response, not David’s column — struck a nerve. It reminded me of why, when I was in the service, I hated the term “citizen soldier.”

Citizen soldier always meant “National Guard.” We’d hear it  when Guards showed up for their two weeks, and even more during retention briefings. No one wanted to hear, much less answer, my question of, “Aren’t us active duty regulars citizens?”

That suicide report makes it very clear that they are not. Otherwise, it might take some notice of BRUEN. It might have considered that basically every restriction they want to inflict on service members runs afoul of the SCOTUS ruling. Bear in mind that all these are about privately owned firearms, even if they are never brought onto government property.

It has it all. Firearm registration, commander’s permission to purchase, mandated “safety” training, waiting periods.

And raising the age to purchase/possess to 25 years old.

Everyone one of those is in trouble in federal courts… for citizens. Especially that 25 year minimum age limit.

25… By the time I reached 25, I was already a Staff Sergeant and NCOIC of a base-level shop managing multi-year, multi-million dollar programs. But, apparently, I was too young to be trusted with a gun. Except the gov-issued, full-auto assault rifles.

Of course, that was then, and not the present day Air Farce that’s lowering standards, and actively recruiting the physically and mentally disabled.

I strongly recommend that the military return to recruiting high quality personnel and treating them like the citizens they are. Yes, military service has some requirements that civilians don’t have to deal with; and that sometimes requires some adjustments to how human/civil rights are respected.

But service members still have those rights, and the DOD would do well to accept that.

And in the meantime, the DOD could try another “study” to see who, and why, is most at risk for suicide; instead of blaming the gun and not the actor.

It isn’t as if that worked any better with criminals vs. guns.

 

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Rittenhouse Being Sued

Kyle Rittenhouse is being sued by the the idiot who chased him down and pointed a gun at him.

Kyle Rittenhouse hit with lawsuit from man he shot during 2020 Kenosha clash: ‘Little bit of a shock’
Gaige Grosskreutz, who testified he pointed a firearm at Rittenhouse before the then-teenager shot Grosskreutz and two others, is seeking economic losses, “damages for emotional distress, humiliation, loss of enjoyment of life, and other pain and suffering on all claims,” and punitive damages.

I could talk about the basic stupidity of suing a person after you already testified under oath that he shot you only after you threatened to kill him by pointing an unlawfully possessed handgun at him. But that’s a little too obvious.

I want to talk about a comment on that report.

He went looking for trouble armed with a gun and found it. Have can keep dealing with the consequences.

“toatsrokinit” seems to think he’s talking about Kyle acting provocatively. But his claim very much more accurately describes the actions of plaintiff Grosskreutz.

Kyle was there cleaning up graffiti and offering medical first aid to protesters.

Grosskreutz was there to protest.

Kyle ran from threats, and only shot is self defense.

Grosskreutz chased Kyle and pointed a gun at him while Kyle was down on the ground.

And note: Grosskreutz was “armed with a gun,” and in chasing Kyle was definitely “looking for trouble.”

Also note: Kyle’s rifle possession was lawful.

Grosskreutz’s concealed pistol possession was unlawful.

And yet the morons who still insist — without any evidence beyond “cuz I said so” — that Kyle was carrying that rifle “looking for trouble,” never seem to wonder about Grosskreutz. And why he was unlawfully armed.

The guy who effed around and found out.

 

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The Zelman Partisans Beg To Differ

I thought of leaving this to Sheila, but something has to be said.

Judge Calls Second Amendment Protection Laws Racist and Anti-Semitic
The Oregon Court of Appeals has struck down the Second Amendment Sanctuary Ordinance in Columbia County, an ordinance OFF has been defending with Gun Owners of America.
[…]
He claims that constitutional sheriffs “ embrace racist and white nationalist ideologies.”

From Egan’s concurrence:

“In other words, Intervenors came before this court and referenced UN mandates,which as explained below is a well documented trope meant to invoke white supremacist, antisemitic fear of a takeover of our country by outsiders and minorities who are manipulated by an elite class of supervillians.

On occasion, however, individual members of the court must call out illegitimate quasi-legal arguments and theories for what they are-viz., antisemitic and racist tropes. “

Egan dedicated an entire section to “The Antisemitic and Racist Origins of the Ordinance,” yet somehow never managed to establish any such origin. The closest he came was pretending that the Aryan Nation espoused — unconstitutional — ideas that he imagines are similar to upholding the Second Amendment to the Constitution.

Guilt by imaginary association.

The best immediate response to Egan is of a sort I usually avoid here (saving it for my personal blog). This warrants an exception; I apologize to anyone who may be offended. Except Egan.

Fuck off, Egan.

The Zelman Partisans is a Jewish group (though not every individual is Jewish).

A group of Jews and friends who stand uncompromisingly for the right to keep and bear arms — and the entire Bill of Rights.

The Bill of Rights happens to include the Second Amendment, thus TZP supports upholding it. Egan obviously doesn’t.

Are you calling a Jewish group antisemitic, Egan? Come on; say it to my face, you oath-breaking bastard.

28 U.S. Code § 453 – Oaths of justices and judges
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”

Egan violated his oath of office, and is calling Jews antisemitic to deflect attention from his own failure.

 

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MI AG: We Can’t Enforce Our Laws, So We Need More Laws

To also not enforce?

Michigan Attorney General Dana Nessel [Dim] is trying to explain away why the MSU shooter wasn’t prosecuted for felony unlicensed carry in 2019.

That is such a common crime here that, if we were to lock up everyone who illegally carried a gun, we’d have to build more prisons. So, to me, it’s not a matter of incarcerating our way through this problem, it’s a matter of making guns less accessible and available to people.”

Don’t lock up criminals. Make more laws to keep guns away from the honest folks who try to obey laws.

The stupid; it burns.

But if the good guys get tired of Nessel’s s**t and don’t obey, will she then grant them the same leniency that she shows to killers?

 

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MSU Shooter: Felon? Prohibited?

I keep seeing conflicting reports about the legal status of the Michigan State chumbucket. This one is typical.

PICTURED: Woke prosecutor who refused to jail or even ban MSU shooter from buying a gun after his 2019 felony weapons charge
The MSU gunman who killed three students in a senseless spree on Monday should have been banned from buying guns after being charged with a felony in 2019 – but a woke prosecutor lowered the offense to a misdemeanor.
[…]
It remains unclear where and when McRae bought the weapon used in Monday’s attack, but he wouldn’t have been able to do so legally had the prosecutors gone through with the felony charge.

Fortunately, there are some better, more detailed reports, like this one.

Chum-boy was originally charged with felony carry without a license. The charge was lowered to misdemeanor transport in a vehicle under Michigan Penal Code Section 750.227c. In fact, the description of the apparent arrest circumstances make the misdemeanor charge a more accurate description of what he’d done, and thus more appropriate.

But did that make it legal for him to buy or possess a firearm? Look at 750.227c closely.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.

Now look at 18 U.S. Code § 922(g)(1).

)It shall be unlawful for any person—
(1)who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

Note: punishable, not whatever lower sentence might have actually been imposed. State law may not regard him as a prohibited person, but federal law certain does.

Michigan should have reported him to NICS. Did they? When was the murder weapon purchased?

Could this have been prevented by the state simply following existing law, instead of gleefully embracing it as a chance to pass more victim-disarming people-control laws?

 

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