Category Archives: gun control

Maryland’s Scary Black Gun Law: Back to the Drawing Board

scary black gunsRemember when former Maryland Governor Martin O’Malley, who during a Democratic debate (his pathetic campaign has thankfully and quietly faded into the annals of historical obscurity) got into a screeching argument with Bernie Sanders and Hillary Clinton about who among them is the biggest enemy of American gun owners?

Remember how O’Malley and his gun-grabbing monkeys in the Maryland legislature rammed though the “Firearms Safety Act” assault weapons ban, which had nothing to do with actual safety?

That’s the one upheld by an activist judge last year, because she soiled her frilly, pink panties at the thought of scary, black guns being legal in the state, even though they were almost never used to commit crimes.

That judge has been issued a slap on the judicial nuggets by the 4th U.S. Circuit Court of Appeals.

Maryland’s assault weapons ban implicates its citizens’ core Second Amendment rights and must be reviewed under a more rigorous judicial standard than the one used by a judge who upheld the law’s constitutionality, a divided federal appeals court ruled Thursday.

[…]

The appeals court said Maryland’s law affects the constitutional right to possess firearms for self-defense and home protection by banning virtually an entire class of weapons commonly owned by law-abiding citizens. In 2012, the number of semi-automatic rifles manufactured and imported into the United States – and banned by the Maryland law – was more than double the number of Ford F-150 trucks sold, the appeals court said.

I want to stress that the court didn’t rule on the constitutionality of said law, but did say that the judge who issued the ruling on the Scary Black Guns ban issued a ruling that “conflicts sharply with rulings of other federal appellate courts.”

What? You mean to tell me that standards pulled randomly out of a petty statist Clinton appointee judge’s fourth point of contact, influenced by her own  prejudices without any knowledge about these guns, and armed with nothing but an uninformed opinion, don’t represent sufficient reason to deprive Americans of their rights?

You mean “Well, I think these guns are scary, so I’m upholding their ban” is not sufficient legal standing to shred the Constitution?

Look at my shocked face!

Of course the gun-grabbing authoritarians in Maryland aren’t done yet. There’s a chance they will appeal this case to the Supreme Court. There’s no length to which they will not go to infringe on the People’s right to keep and bear arms!

But for now, at the very least, we have a ruling that recognizes that bigotry and ignorance are not standards by which the constitutionality of a law should be judged.

The entire decision is here (h/t This Ain’t Hell) if you want to read it.

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Never Again? Well, That Didn’t Take Long.

Holocaust Remembrance Day is observed on January 27th, according to the U(seless)N, Germany and many parts of the world. It’s observed on 27th of Nisan which is usually in April or May in Israel. I went to a Holocaust Remembrance service at Ben Gurion University a couple years ago. Phrases you hear often are “Never Again”. The date was chosen because it was the day that the liberation of Auschwitz-Birkenau occurred. January 27, 1945.

For Germany, “Never Again” didn’t take long. The Munich massacre was September 1972. I can still remember waking up that morning and hearing the news on the radio. I didn’t understand why someone didn’t shoot the terrorists. Young and naive wasn’t I? It just made no sense! The Israelis had a shooting team and a coach. So it was a span of about 27 years before Jews were bound and herded helplessly into the cattle cars of the helicopters.

There are many kinds of hot mess around this additional shameful saga of Germany’s history. Israeli delegation head Shmuel Lalkin had warning bells going off like crazy when he saw the accommodations for the Israeli athletes. Ground floor, no armed guards, anyone could access the hallway, it led to a garage. He howled to the West Germans and the Israelis about it. He begged to be allowed to carry his sidearm, he was recently out of the IDF as a Major. Denied. The West Germans didn’t have any armed guards anywhere in the olympic village. It might make people “feel bad”. They wanted everything to “feel friendly”. So, no armed guards, no moving the Israelis to a higher floor. Nothing that he wanted that would have been sensible preventative safety precautions was done. It might “look bad”. In addition to all this, Der Speigel ran a article in 2012 that said the German authorities had been tipped off something was going to happen.

After the Israelis were taken hostage the “negotiations” such as they were, began to take place. Finally the Germans assembled their crack hostage rescue team. They didn’t have one actually, so candidates were selected by asking them “have you ever fired a gun before?” Not have you ever fired THIS type of gun before, but just sort of asked the willing police officers, “have you ever fired a gun before”. This was after they turned down Golda Meir’s request/beg to be allowed to send an actual Israeli hostage rescue team that did know very well what the heck they were about and what to do. So these Germans are crawling around on the top of the building trying to figure out how to break in and listening for the code word which never came. Probably a good thing. The terrorists peaceful Palestinians who just wanted to liberate their friends and relatives unfairly imprisoned for killing people and blowing up things watched the whole thing on TV, live. TV cameras were set up across from the building and broadcast everything.

Eventually the hostages were bound, herded onto a bus and taken to Fürstenfeldbruck air force base. Where the German rescue attempt continued to exhibit the same finely tuned precision as at the Olympic Village. The police had miscounted the terrorists, they had no night vision equipment, or training and had never worked together before. One terrorist mowed the hostages in his helicopter down with his gun as they sat helpless tied together. The other terrorist threw a grenade into his.

The German government then proceeded to lie and cover up information for many many years. The only reason much of it came to light was Ankie Spitzer who had been married to Israeli fencing coach Andre about a year and a half is a bulldog. The woman never stopped. She kept pressing and going at them and finally an anonymous source called her lawyer and the delivery of information began to flow in. Ankie is amazing. Andre married well.

In the documentary One Day In September, Jamal Al-Jishey, the only surviving terrorist of the attack gave an interview. He was proud of the work he did, the peaceful palestinians did a great thing.

Now we have the shocking news coming from Angela Merkel’s government that Antisemitism is on the rise.

German Chancellor Angela Merkel on Saturday admitted that anti-Semitism is “more widespread” in Germany than some believe.Speaking in her weekly podcast and quoted by Haaretz, Merkel called for action to “deal with [anti-Semitism] – especially among young people… from countries where hatred of Israel and the hatred of Jews is widespread.”Anti-Semitism, she stressed, is more “widespread than we imagine, and that’s why we have to make intensive efforts against it.” The Chancellor noted the negative effects of anti-Semitic propaganda online and attempts to combat it.

Shocker that. Who could have possibly foreseen that bringing in millions upon millions of people that hate Jews would result in a rise in Antisemitism in a country that has a long proud history of it’s tolerance towards Jews. So ALL possible efforts to combat Antisemitism will be used. Well, except of course re-examining that open door “refugee” policy thingy.

In Israel the stabbing attacks are indiscriminate. Against men women and children. Out in public and in front of their homes, where they die fighting like a tigress to stop the terrorist from going after her children. If you don’t know the name Dafna Meir H”YD, she deserves 2 minutes of your time. Amazing woman.

This has nothing to do with frustration, repression or any other garbage. This is how the peaceful palestinians are brought up. The father of the murderer of Dafna said he is proud of his 15 year old son who stabbed the mother of 6 to death.

Jews in France aren’t especially safe, or Sweden (or Swedish women either for that matter) but at least in America it’s different.  Abe Foxman of the ADL will be quick enough to tear you a new one for something said, but be prepared to defend yourself or family against a life threatening attack? With a GUN??? Perish the thought! Same for the congressional professional victim creation class.

Still, it’s different in America.

Well, except in Michigan. Where former state department employee Lina Allan defended the stabbing of Jews as killing animals and was miffed at muslim who aren’t doing so. She’s talking about killing Jews, Israel didn’t really come into it.

According to MEMRI, Allan claims to have represented the State Department’s U.S.-Middle East Partnership Initiative (MEPI) in the Jameed Festival in Jordan. 

Considering Abu Mazen head of the Palestinian Authority financed a chunk of the Munich Massacre, you would think we would examine links a bit more closely, but apparently, no.

At least in America our own government will never attack unarmed defenseless citizens. Countries that have embarrassing records when it comes to protecting a certain ethnic group charged with spreading Torah will certainly learn from their mistakes and correct lapses in the future exercising all vigilance.

And now I’m going to go pet my unicorn and go to sleep!

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The Protector

After the 2012 massacre in Newtown, gun grabbers have consistently pushed for more gun control. Schools are already “gun-free” zones, where teachers and kids are easy prey for the armed psychotics roaming among us, but more and more colleges and universities are considering allowing armed students and professors to carry on campus.

My son’s school is better than most, but still not good enough. Those licensed to carry concealed can keep their firearms in their cars on campus, but cannot carry to class. If there’s an incident, students and professors must run to their cars – on a very vast campus – grab their tools of self defense and maybe make it back in time to stop the assailants. Most of the time, that wouldn’t be the case on a campus that large.

A serious conversation needs to be held about guns on school grounds and on campuses.

bacha khanA chemistry professor at the Bacha Khan university near Peshawar, Pakistan a few days ago shielded his students by opening fire on a horde of militant Taliban scum after they opened fire at the school.

The father-of-two opened fire, giving them time to flee before he was cut down by gunfire as male and female students ran for their lives.

He was known to his pupils as ‘The Protector’ because he was a keen hunter and kept a 9mm pistol at school, possibly in light of previous militant attacks.

He was known as “The Protector.”

The majority of this country hands children over to schools – whether public, private, religious, etc. – on a daily basis every day. Those who homeschool can certainly take responsibility for their own kids and protect them should the excrement hit the oscillating blades. As for the rest…

Teachers, school administrators, armed officers, and the rest take responsibility for other people’s children every day. They should be accountable for their safety. They should be the protectors! And yet, our society disarms them and renders them completely worthless in the performance of that duty!

Locking children in a classroom, and praying that the armed derelict won’t be able to get in is not protection.

Having them cower under their desks is not protection.

Waiting on armed police to arrive, while the armed lunatic roams the halls is not protection.

Making the predator look like a bloody colander as soon as he steps in your line of fire? That’s protection.

Assistant chemistry professor Syed Hamid Husain at Bacha Khan University ordered his pupils to stay inside as he confronted the attackers with his own pistol. He died saving his students’ lives.

Teachers in that region of Pakistan were given permission to carry firearms in the classroom after Taliban militants massacred more than 150 people, the majority of them children, at a school in the city of Peshawar in 2014, according to the report.

Pakistan got it. Shouldn’t we?

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Second Amendment Dreams

I see so many stories coming out now about the ever increasing federal leviathans hopes of eliminating the Second Amendment. Crazy old Joe Biden even thinks the Second Amendment is about who can be prohibited from owning guns. And while Dimocrats and liberals say they don’t want to eliminate the Second Amendment, they just want to add background checks, and a few “common sense” restrictions, etc. etc., they are, well, lying.

Some do want to eliminate the Second Amendment, and I usually wonder “what it is that a Politician wants to do to me and my family that they can not do, unless we are disarmed and defenseless?” Of course many of those self same politicians will have armed body guards paid for out of our ever shrinking salary. Some will be do gooders, and really really really do believe in their hearts of hearts that if we just outlaw _____________________ A) scary black guns B) 30 round magazines C) rifles with pistol grips D) Guns with the shoulder thingy that goes up E) Fill in with whatever else they can come up with, that gun crime will cease and the world will now be a safe place, unicorns will roam freely and rainbow stew will be served fresh everyday with lightly buttered no calorie croissants. They also voted for obama because he was the best man for the job and believed him when he told them their health insurance would go down by $2,500 a year and they could keep their doctor and their insurance, but that’s another story.

You can see the legislative footprint if you will, of these types in things like the soviet style legislation like the turn in your family and neighbors you don’t like in California. Of course, California has a interesting history of showing up and confiscating guns (from safe people anyway, thugs not so much) already.

I, like they, have my idea of legislation that will keep us all safer too. Granted the direction of my legislative dreams is a bit different than their legislative dreams.

In my legislative dreams for some time, dwelt something called The Firearms Freedom Act. The first one was passed by Montana in 2009. It stated basically, that guns made in Montana, stamped on a large part of the central part of the gun “Made in Montana” would not be entered into the federal system of gun control. But, the gun could not leave the state. It couldn’t be sold over the internet or to someone out of the state. Therefore, they would not be interstate commerce. Wyoming came out with an even yummier version of this in 2010. Wyoming’s version had some pretty good sized teeth for federal agents that attempted to attack Wyoming citizens. Several states passed Firearms Freedom Acts, and several more tried to. This site hasn’t been updated since 2010, but you can see how many states were working on this. You can also see which ones weren’t, mostly the high crimes states.

I’m sure no one was shocked to know that a federal court ruled that the Firearms Freedom Acts didn’t matter.

“the Ninth Circuit panel unanimously ruled that Congress could regulate the internal manufacture of firearms within Montana because the creation and circulation of such firearms could reasonably be expected to impact the market for firearms nationally.”~~Wikipedia

I know, I know, I just said the firearms couldn’t leave Montana, that was part of the law. But it is the NINETH circuit court, and I always kind of wonder what they’ve been smoking. The guns weren’t going to cross state lines, but like the ATF, laws are what the courts make them to be, eh?

But it’s the toothy part that I’m heading for. The court says Firearms Freedom Acts aren’t legal? What to do as the government grows ever larger like the plant in Little Shop of Horrors, what to do?

Several states have responded by trying to pass a Second Amendment preservation act. In the last few days Arizona, Indiana and South Carolina have introduced bills in their state legislature. Missouri tried to pass one a couple years ago. The NRA helped squash that one, and gave Florida trouble trying to get theirs through as well. The Second Amendment preservation acts are really sort of anti-cooperation, anti-commandeering measure. For gun control to really succeed to it’s evil goal is going to require the use of each state’s law enforcement agencies. I still recall the ATF harassing the people at a Henrico Co. gunshow in 2006. It couldn’t have been done without the help of local law enforcement. Part of the BATFE’s “War on Women”, no doubt. And shoestrings.

Bob at Bearing Arms had some helpful suggestions along the lines of Firearms Freedoms Act type things that could be done to help the ATF as well. It involves removing some things from their jurisdiction so that perhaps with a narrower focus they won’t need to suffer the embarrassment of having their own weapons show up in Joaquin “El Chapo” Guzman’s stash, cause I’m sure that’s just embarrassing. No word yet, from Erik Holder, El Chapo’s gun dealer.

This type of legislation says that the law enforcement agencies in that state will not co-operate with federal agencies. It dramatically weakens the bully power. Since I’ve seen quite a few stories lately where police chiefs and sheriffs are urging their citizens to obtain arms and concealed carry I suspect the law enforcement agencies in many states would be happy to see this pass.

For those that say Federal law trumps State law I found this great little Tom, Dick and Harry story. IF you are old enough to remember Tom, Dick and Harry, better yet, they’re grown up too.

So, while I may never get a firearm stamped with “Made in fill in your state name”,I continue to dream of Second Amendment protection acts being passed all across these United States. Because the soft fight is so much better than the hard fight. And despite what crazy old Joe Biden says, sometimes a girl just might NEED a tank, though this isn’t the model I hope for.

Just for a bit of levity.

Here’s a little booklet on the act if you want more information.

SHALL NOT: The State Level Plan to Protect the 2nd Amendment

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That cars vs. guns regulation argument again

Guns and Their Users Should Be Regulated Like Cars and Drivers Are
As a car enthusiast, the parallels between automobiles and guns — both of which are beloved objects that become lethal weapons when used in malice or handled incorrectly – strike me as obvious. They ought to be regulated similarly.

Sure, let’s regulate them the same way:

  • Manufacturers would have to submit samples of each model equipped with all factory options to the ATF to make sure it couldn’t go too fast or too far.
  • Car manufacturers would be sued when anyone uses a stolen vehicle in a DUI, hit&run, bank robbery, or speeding, despite laws that limit law suits to cases where the manufacturer actually did something wrong.
  • Dealers would have to run criminal background checks on all buyers.
  • The dealer would lose his Federal Automobile License if a customer filled out the ATF form 4473 incorrectly.
  • When buying a car from a dealer, you would have to disclose your race.
  • Some states would require you to obtain a license to buy a car, separate from the driver license.
  • You wouldn’t be able to drive your car to the post office, many restaurants and bars, or past schools.
  • Several states would require you conceal your car while driving.
  • MADD would encourage people to “swat” you if they see your car.
  • Some states would limit your car to a ten gallon tank, and require another background check when you refuel.
  • New York would limit you to 20 gallons of gas every 60 days.
  • California would require that your car be designed to be difficult to refuel without tools.
  • Your driver license might not be recognized by other states.
  • High capacity vans and buses would be banned in several states. Ditto large pickups.
  • You would lose your right to own a vehicle if you have a financial manager to help you with your money.
  • You wouldn’t be allowed to purchase a small economy car unless you are at least 21 years old, but you could buy a truck at 18. Congresscreeps would argue for raising the purchasing age for everything to 25.
  • Racing stripes would be banned, along with a host of other cosmetic features.
  • If anyone in your household got a DUI, your car would be confiscated.
  • Cities would have their own car ownership and driver license laws that differ from others within the same state.
  • NYC would only issue 37,000 driver licenses in the entire city of 8.5 million people, and only if you are rich or politically connected.
  • Driving your car in town would be prohibited.
  • In many areas, you would be required to drain your gas tank, lock your steering wheel, and store your car in a locked garage when not in use. The gasoline would have to be in a separate locked room.
  • Many states would allow the sheriff to deny you a driver license without cause.
  • Mufflers would be heavily taxed and registered, and outright banned in many areas. Where you can get a muffler, the process could take as much as 18 months.
  • The ATF would periodically flip-flop on whether your brakes are mufflers.
  • The ATF would also classify your shoelaces as high capacity buses, and charge you $200 dollars per lace.
  • When driving cross-country, you’d actually be required to drain your fuel tank and lock your car up in a shipping container. Get a large handtruck.
  • If you want to sell your old junker, the ATF will consider you a dealer, requiring hundreds of dollars in fees and months of waiting for approval. Then you’d be subject to random inspections of all your property.

Shall I go on?

And this:

More than a little eerily, roughly as many people die from automobile-related deaths in America each year as from guns.

There are an estimated 253 million automobiles on the road vs. an estimated 393-750 million guns in civilian hands. Despite being much less numerous, vehicles are used to kill more people than are guns. I don’t think the problem here is guns and their owners.

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It isn’t the gun people’s loophole

The “gun show loophole.” You’ve heard about it over and over and over and…

If you’re a gun guy, you get annoyed and explain that there is no such thing as a “gun show loophole” that lets unlicensed dealers sell guns at shows without background checks. After all, 18 U.S.C. § 922(a)(1)(A) says that anyone engaged in the business of selling guns must be licensed (and thus must run background checks). It doesn’t matter whether that FFL sold the gun in his store, at a gun show, online, or in a back alley at midnight.

So… No loophole, right? The victim disarmers are simply lying to confuse the ignorant about occasional private sellers and dealers. Yes, but…

There is a loophole. But it’s the government’s loophole. 18 U.S.C. § 921(a)(21) defines “engaged in the business”: a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;

If you’re making repetitive sales to make money, you’re a dealer and must get a license no matter where you conduct your business. Occasional sales, liquidation of a personal collection, maintaing and tuning a hobbyist’s collection… none of that requires an FFL because you clearly aren’t a dealer.

Where’s the “loophole” that lets a dealer skip background checks?

In the 1990s Prez Billy Jeff Clinton decided there were too many Federal Firearms Licensees. In short, a bunch of folks who would normally be considered hobbyists or collectors had gotten FFLs so that if the occasion arose, they could make a little profit, and because it made interstate shipping easier. Note that they still had to do all the record-keeping, reporting, and checking as any FFL with a store on main street.

But Cigar-Boy and the ATF didn’t like that situation: 250,000 FFLs meant it was convenient (and competitive) for honest people to lawfully purchase arms. So they changed the definition of “engaged in the business” to “engaged in enough business, and in the right places.”

Worked out of your home? Scratch that FFL. The ATF began coordinating with local zoning authorities and you had to prove your home was zoned (or a variance granted) for a business, even if you only did business at gun shows.

Didn’t sell enough guns in a year to make a profit? You’re just a lowly collector, not really in the business. There’s goes another FFL.

And that’s when the ATF started with the insane form 4473 enforcement: wrong color pen used to fill it out? Lose your license. Customer wrote “Y” instead of “Yes”? Lose your license. Bound book got updated the next morning rather than at closing in the evening? Yep, another FFL bites the dust.

We went from roughly 250,000 FFLs in the 1990s to approximately 50,000 today.

FFL-chart

But let’s say you got a zoning variance for your home business. You do a lot of business; in fact, you make a decent fortune every year selling guns at shows across the midwest. Your paperwork is perfect. You won’t even release a firearm after the three-day background check hold if you don’t hear back positively. Sure was a good thing you got that FFL, eh?

Nope. Because you got trapped by the ATF’s loophole.

ATFform7-Gun-Show-Loophole

Yes, take a look at item 18a on the ATF form 7. Despite doing business, the ATF will not issue you a license. They pulled out of their asses invented a new condition not in law: a physical store front.

Gun shows don’t count. Except when they do, when people whom the ATF told weren’t really dealers got busted anyway. For doing what the ATF said was okay.

The Gun Show Loophole: ATF: “You’re a dealer any time we need some publicity and arrests for promotion points.”
Now, after decades of the Clinton rules on dealers, President TelePrompter says he’s going to make those terrible “gun show dealers” get FFLs so they have to run background checks. I hope he remembers to tell the ATF to take that restriction off of 18a, and start accepting those applications.

If so, I’ll think about getting a license myself. I’ve run across some particularly good deals on guns that I could have turned around for a profit. It might be nice to be able to take advantage of that without the ATF busting me. History suggests that 200,000 other people would also consider it.

Somehow, when if the number of FFLs increases five-fold, I don’t think the extra 230 NICS workers are going to be sufficient.

FBI background checks Dec 2015_0

A five-fold FFL increase probably won’t translate into a five-fold NICS traffic increase, but somehow I don’t think they be able to keep up. (Something to bear in mind when you hear about bills to increase the NICS-delay time to 25 days and beyond.)

In fact, I don’t think the ATF will issue those licenses. Instead of letting people operate legally as they wished to do, it’s far more likely that they’ll crack down further on the honest folks they’ve been denying FFLs. That’s why Barrycade is authorizing an additional 200 ATF goons, instead of clerks to process applications.

Obama’s self-admitted goal is not to get more dealers licensed and into compliance. Clerks would do that. He’s just looking to crack down on honest sales.

“It’s a little bit harder to get a gun.”
[…]
“It may be a little more diffult and a little more expensive. And the laws of supply and demand mean that if something’s harder to get and a little more expensive to get then fewer people get them.”

Barry, allowing me to introduce you to another little economic tidbit:

The black market
When he makes transactions difficult and expensive, he makes the black market cost effective. It worked for the War On (Some) Drugs. Fortunately for honest people who want defensive tools, the black market for firearms is already well established.

Now there’s a loophole.

“Smitty,what do you think of these trick rules the new Head has thought up? Should we knuckle under, or make a squawk”?

“Squawk? What for?” Smythe gathered up his tools. “There’s a brand-new business opportunity in each one, if you only had the wit to see it. When in doubt, come see Smythe — special services at all hours.”
Robert A. Heinlein, Red Planet

If he’s crazy enough to reverse the Clinton rules, we can make him look darned silly. Not just salesman of the year, but FFL recruiter of the century.

Sadly, he won’t. That’s talk. The real clue is: 200 new agents, not 200 clerks.

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Well, bye!

Has anyone ever seen any problem at a gun show that required a mass police presence? Me neither. There have been a few accidents here and there, but nothing criminal that required an armed police response in recent memory.

That’s why a Pennsylvania Mayor’s hilariously impotent temper tantrum in response to an upcoming NRA-sponsored gun show’s refusal to fork over a 60 percent increase extortion in fees to hold the show in Harrisburg is so perplexing. Specifically, Mayor Eric Papenfuse is refusing to provide police security for the show.

Harrisburg police have provided security for the annual Great American Outdoors Show, scheduled this year for February 6-14, in the past. Mayor Eric Papenfuse said that the decision not to offer the department’s services this year was motivated in part by the NRA’s opposition to the city’s gun control policies.

“We have an epidemic of gun violence,” Papenfuse told WHTM. “It’s no secret that the NRA has worked against the city’s interests repeatedly over the past year causing us to spend tens of thousands of dollars to defend common sense gun ordinances. We don’t need to be doing them any favors.”

The NRA has already been paying Harrisburg $600,000, but Papenfuse wanted more ostensibly to provide police protection for the gun show. Police protection from what? Your guess is as good as mine. It’s probably Papenfuse’s passive/aggressive effort to close down the gun show by refusing to offer armed security. As if anyone really cares…

This is equally hysterical coming from a guy who in December 2012 pled guilty to exceeding the speed limit by 15 mph in a 25 mph zone – probably a residential one.

MDJCourtSummaryReport

Hey, Eric! Did you know that nearly 34,000 people died in motor vehicle accidents in 2014? That makes your speeding through what was probably a residential neighborhood much more dangerous than the gun shows with their handful of 2014 accidents! It also makes your histrionic claim about children’s safety just a bit disingenuous, don’t you think?

Ooops!

In any case, I doubt that police presence at the gun show in Harrisburg will be needed.

Nice try, dimwit.

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About those “Executive Orders”: What really changed

Despite all the talking heads babbling about executive orders on “gun control,” there aren’t any. In fact, all I can find are a new FFL guidance pamphlet from the ATF, two versions of a “white paper,” officially “Presidential Memoranda,” and a Health and Human Services proposed rule change.

So what changes happened, or are going to happen?

Defining “dealer”: The ATF pamphlet, DO I NEED A LICENSE TO BUY AND SELL FIREARMS?, is getting nearly all the attention, with ignorant commentators claiming the “gun show loophole” is closed and dealers will have to get licenses. In fact, many people including myself expected that Obama would attempt to redefine “dealer.” According to the ATF publication, nothing changed.

18 U.S.C. § 922(a)(1)(A), 18 U.S.C. § 921(a)(21)(C), and 18 U.S.C. § 921(a)(22) already defined “dealer” (the key phrases are “predominantly one of obtaining livelihood and pecuniary gain” and “regular and repetitive purchase and disposition”). The ATF “guidance” merely reiterates that.

What to expect: Nothing. Sort of. Keep reading.

Investigations: “ATF has established an Internet Investigations Center (IIC) staffed with federal agents, legal counsel, and investigators to track illegal online firearms trafficking and to provide actionable intelligence to agents in the field.”

What to expect: Look for a lot more gun show stings. The ATF will be busting people for “dealing” even when they know the person is not legally required to be licensed. They don’t plan to win in court; they plan to destroy people through horrific legal expenses incurred fighting malicious prosecution. That’s why Barrycade is looking for an additional 200 ATF kitten-stompers.

Trusts: Rule-changes in progress to clarify that using a firearms trust doesn’t dodge “prohibited persons” restrictions. So far as law goes, this may even be a good thing in that the ATF has been selectively applying that at whim, sometimes revoking trusts retroactively. On the other hand, the ATF lives on whim, and this probably won’t really help.

What to expect: Continued confusion, and delays in establishing firearms trusts. Lawyers will be happy with their new Lexuses and Beemers.

Firearms Loss Reporting: To hear plastic-haired TV heads tell it, there’s a new requirement for FFLs to report lost or stolen firearms. No such thing; the reporting requirement has been there for years (not even counting simply recording inventory in the bound book). Supposedly this change clarifies that the licensee shipping the gun has the responsibility to report the loss. That’s no change, because the firearm is never in the inventory of the recipient until he receives it. The FFL in whose inventory the firearm is has always been responsible.

What to expect: Not much. FFLs with inventory responsibility already had a vested interest in knowing where their guns went.

Prohibited persons: This is a nasty one. Per the white paper: “Current law prohibits individuals from buying a gun if, because of a mental health issue, they are either a danger to themselves or others or are unable to manage their own affairs. The Social Security Administration (SSA) has indicated that it will begin the rule-making process to ensure that appropriate information in its records is reported to NICS.”

Current law prohibits persons from buying a gun if adjudicated a danger to themselves or others. Not because some SSA bureaucrat said so, due to someone having physical issues that make managing financial affairs difficult.

What to expect: Loss of rights by a large class of people. Cheering by idiots.

HIPAA & More Prohibited Persons: The HHS rule-change proposal is especially dangerous; probably the worst of all these actions. Currently, HIPAA forbids most disclosures by HIPAA-covered entities (doctors, nurses, insurance companies, hospital, etc) of patient data. There are large LEO loopholes, of course. The rule-change would eliminate much of the privacy protection and allow any HIPAA-covered entity to report directly to NICS and condition believed to be disqualifying. They could report adjudicated findings of mental incompetence. But they could also report suspected drug abuse, suspect domestic violence, and suspected any other disqualifying condition. Without proof, without adjudication, without any due process conditions.

What to expect: You told your doctor you’ve been feeling depressed? He may pick up the phone when you leave and abrogate your rights, without you knowing until you buy a .22 plinker for Junior. Of course, a prohibited person attempting to purchase a firearm is a felony… too bad.

Now imagine that your doctor is a dyed-in-the-wool believer in the AMA’s war on RKBA, and wants an excuse to disarm all his patients.

NICS: Throwing more money at NICS, supposedly hiring more people to man the phones, and extending working hours 24/7. Wonderful; more bureaucrats. If you are dependent on background checks, this –theoretically — is a good thing; FFLs would appreciate decreased phone-wait times.

What to expect: Hopefully, shorter wait times. We’ll need that with the brand new surge in sales triggered by the Salesman-In-Chief.

Smart Guns: Oh dear Bog… President Unicorn Dreams will direct the Departments of Defense, Justice, and Homeland Security to research, develop, and promote the use of smart guns. I can save them plenty of time and research bucks right now: Replace all firearms held by all three department with Armatix iP1s. There. Done. And all the anti-war, anti-police, anti-rights protesters are happy.

What to expect: Lucrative R&D contracts, but no workable solutions until technology in general advances greatly.

Summary: Essentially, all the rhetoric comes down to this: A bunch of claims that they’re cracking down on “gun violence” while doing almost nothing new, but setting the ATF loose to conduct more more questionable operations. But hidden in the bureaucratic rule-making is the plan to let any health professional render nearly anyone a prohibited person by slandering them as “crazy.”

No.

Your move.

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Into the Herd

Recently I had a lovely opportunity to spend some time with three people that wanted to learn to shoot. While I’m not a REAL firearms instructor, I knew enough to teach basic gun safety and had a place they could shoot. So I coached them through rifle from the prone position only, shotgun and handgun. They all seemed to enjoy themselves very much. I was heartened to hear the young girl, college age comment it wasn’t guns that are bad, it’s who is doing what with them. They all seemed pleased with having the chance to learn and get familiar with some basic tools and they seemed very pleased with how they shot. They should be. They all did a fantastic job. But best of all, they had fun. It was a good experience for them. I was so very proud of the three of them and made it very clear. When I wasn’t kicking their feet, but other than that. I mostly drank coffee, coached, corrected and encouraged. I kept my political commentary and legal commentary to a minimum due to time constraints. Two of the young’uns had to be at work at a certain time.

But one part I just couldn’t contain myself. During our handgun portion I was asked about carrying, how often did I carry, I did carry didn’t I? Of course. I said that most of the time it seemed when people had to pull their emergency equipment that the attacking party reconsidered their current itinerary. BUT, that didn’t mean they would. That a person needed to consider before they ever decided to carry that if the need arose, could they, would they kill someone to protect themselves or someone they were with? That you shouldn’t ever pull your weapon hoping to run a bluff. The people that prey on others are predators and they will sense that. NEVER put your sights on something you aren’t willing to destroy.

I guess this was so strongly on my mind because recently in Tel Aviv there was a Israeli Arab that attacked a pub crowd killing two and wounding others. Witnesses noticed an armed civilian who failed to try to neutralize the terrorist. They don’t know why, but speculation is that he was afraid of being prosecuted or arrested for awhile. America has Mom’s Demand Sanity Action and Gun Senseless crowd to deal with. Israel has “Gun on the kitchen table” who have successfully got the government to restrict the number of weapons issued to security guards and civilians. They apparently have had no effect on the amount of illegal guns in the arab communities as yet though. The terrorist left the pub massacre and went on to kill a cab driver who picked him up. He is still at large presumably in Tel Aviv.

This seems to be happening more. There have been police officers assaulted because they were afraid of becoming Darren Wilson, and afraid to do their job due to the “Ferguson Effect”. Civilians afraid to defend themselves because they are afraid of becoming George Zimmerman and having Black Panthers (or anyone else) publicly put a price on your head. Law abiding citizens are the ones under attack from the law, the government wants people to be afraid to defend themselves and they want the guardians to be afraid to defend the law-abiding. The only ones it seems this administration is intent of defending are thugs.

Which, I guess explains barry’s recent plans on gun control. If they aren’t afraid, make them unable.

I’m not really sure what prompted my three guests to decide they wanted to become a bit familiar with lifesaving tools at this time. I didn’t ask. It didn’t really matter. Bringing new people that understand tools and know how to use them into the herd is good, no matter what gets them here. But I do know what motivated me to teach them. A labor of love. People have different ways of thinking about things and different ways of saying “I love you”. And perhaps they are beginning to realize or consider what some have already discovered the hard painful way. “Without a rifle, you are nothing”.

So at the end of the day, I felt pretty good about things. I had successfully introduced and furthered some education on rifle, shotgun and handgun. I can take them apart a clean them. I was thinking I might not be far from a superhero cape. Until I tried to make a rice dish I wanted and discovered while I can do those things, I can not cook rice properly. I guess the superhero cape will be on hold for a while.

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