Chicago sez: “Do as we do, because it works so well.”

Chicago mayoral candidate Gery Chico has a plan to fix Chiraq’s little “gun violence” problem: Force Indiana and Wisconsin to inflict Illinois-style victim-disarmament laws on their citizens, suing them if necessary.

‘If we can’t get Indiana and Wisconsin to work with us, we sue ’em’
Chico said more than 60 percent of guns recovered from crime scenes in Chicago arrive from out of state. Previous reports have attributed the largest share—19 percent—to Indiana, which allows gun owners to sell their weapons without background checks or a record of the sale.

I wonder what percentage originated in-state, from felons equipped with FOIDs?

I mean…

A federal class-action suit filed here last fall said 40 percent of firearm-related crimes in Chicago involved guns imported from the suburbs.

The number crime guns originating in Illinois — immediately around your bright shining city — is more than twice as much as those coming from the next leading state?

Let’s jump down that rabbit hole.

According to that report, 40.4% of Chicago’s crime guns do come from a single state: Illinois. The next closest is Indiana at 21.0% almost half IL’s contribution. From there, the next state is Mississippi at 5.1%, ahead of Wisconsin’s diminutive  4.0%. I wonder why he ignores MS? That state doesn’t have deep enough pockets to pick?

How much will the Indiana numbers jump if they were to adopt Illinois’ oh-so-successful model?

Chicago’s problem is Illinois. Maybe Chico should sue the State Police for giving felons FOIDs so they can buy those guns.

He passed the background check when he bought the gun, so I guess his felony was never properly entered into NICS.

What it looks like is that Illinois has created a a system for felons (or other prohibited persons) to verify whether or not they’re in NICS for just 10 bucks and no consequences.

“Hey, look, Jaquan. I got my FOID. My record didn’t make it into NICS. I’m clean.”

“Cool, bro. Here’s a grand. Go buy guns for the gang.”

 

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Let’s Ex Parte!

Ah, the fad for Extreme Risk Ex Parte Protective orders. You know, I shall henceforth refer to them as EPPOs.

Supposedly, these are to get guns out the hands of “dangerous” people, but the fact is that every state already has laws — for years — that allow that. The only thing EPPOs “add” is stripping away due process, through ex parte “star chamber” proceedings with the subject not even being aware of the accusation until the cops show up to steal his property. That’s the point.

Besides ex parte proceedings stripping away human/civil rights being morally repugnant, that don’t meet the federal definition of due process, which requires a hearing with the accused before the rights-stripping. (You hear that, NRA?)

So yes, I oppose EPPOs. But allow me to make a little suggestion. This isn’t actually being offered as a compromise, just a thought experiment to see how the victim-disarmers react. Let’s modify the basic “ERPO.”


The individual applying for an EPPO shall, in addition to any court/filing fees, post a $10,000 bond.

When the ex parte hearing is held, the judge shall either issue the order or deny it.

  • If the order is denied, $5,000 of the bond will be delivered to the subject of the EPPO application, in restitution for the attempted infringement of the subject’s rights. The subject will be informed of the denied application and the identity of the accuser.
  • If the order is issued, $10,000 will be delivered to the subject when the police remove the firearms.

If the order is issued, the after-the-fact appeal better-late-than-never-due-process hearing will be heard by a judge other than the judge who issued the order, who has no conflict of interest in case.

If that judge does not uphold the original order, the first judge who issued the order will be suspended from the bench without pay and criminally charged under 18 U.S. Code § 242 – Deprivation of rights under color of law. A civil judgement will be entered against the offending judge ordering him to pay the subject of the order $10,000.

In any case, the subject of the order keeps the original $10,000 in restitution for the rights-violation which occurred before he had a hearing. No shall the subject of the order incur any court costs, filing fees, or fines; and all of the subject’s legal expenses will be borne by the party who applied for the rights-violation.

None of the restitution paid to the subject in this process shall be construed as disallowing additional compensation awarded through other civil or criminal proceedings.


OK, victim-disarmers. Put up or shut up. Is it your goal to protect people from themselves, or to make cheap, anonymous SWATting of gun owners legal?

 

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This is why the people must be armed

“The governments of Europe are afraid to trust the people with arms. If they did, the people would certainly shake off the yoke of tyranny, as America did.”
James Madison, The Federalist #46

You want to see tyranny? We got your tyranny.

The Green Raw Deal.

Ocasio-Cortez may be backtracking and trying to disavow her too-truthful “FAQ,” but it was published on her own site and the metadata lists Saikat Chakrabarti, Ocasio-Cortez’s chief of staff, as the author. The FAQ is consistent with the House Resolution she also published. The FAQ is simply a little blunter in stating their end goals.

If implemented, the GRD would fund the enslavement of the nation through hyperinflation. You would work for the government, or in whatever remaining government-approved jobs might survive her purge. You would live in approved government housing, subsisting on a vegetarian diet for as long as the food held out. Not long, since the nation’s power infrastructure would be gutted. But you might freeze to death in the winter first, as the wind gennie-powered electric heaters sit idle.

What land isn’t needed for “renewable energy” factories spewing out corrosive, toxic sludge that would horrify even the Chinese would be “afforested.”

Ocasio-Cortez and her merry band of psychopathic slavers have a plan for us that makes Ayn Rand’s Anthem look bright and cheery.

Of course the left-wing greenweenies want to disarm us. They learned that much of a lesson from Venezuela. And Stalin.

Compliance rates with their little registration and turn-in programs are already laughable. Do they expect better compliance now that they’ve explicity told what they mean to do to us?

I think not.

 

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Nevada Legislative Alert

Nevada Firearms Coalition
NVFAC Urgent Alert

When the current legislature was elected, a majority of the members as well as the governor were of the same party which had made anti gun legislation promises during their campaigns. We knew we were in for a tough fight to protect our rights, but we felt we would be entitled to have the regular legislative process in place.

Yesterday we learned that the majority party is suspending the rules of the legislature by announcing a bill late in the day on Monday February 11th and then having a joint hearing on the bill the very next day. We also learned that a Bloomberg group had been notified earlier and is planning a demonstration on the day of the hearing. All this was done in secret to keep the Second Amendment supporters in the dark and preventing public testimony that would be contrary to their gun control efforts.

This process cannot be tolerated in a Constitutional Republic. Please let your legislators know that you do not approve of this tactic and request that the regular rules of the legislature be immediately restored. Also go to our web page at www.nvfacpac.org and sign up for our legislative alerts.

The hearing for this bill will be held at 8 am on February 12 in Carson City and the Grant Sawyer Building in Las Vegas. The hearing will be one hour for pro testimony, one hour for con testimony, one hour for neutral testimony and then public testimony. NVFAC and NRA-ILA will be testifying at the Con testimony. You are urged to attend and testify at the “public comment” session which will start after the neutral testimony. If you are able to attend but can’t or don’t want to testify, please sign in under the “opposed” category. Numbers count and you are important.

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Law and Order: War on Western Society Part 5

Demonstrating perseveration, liberals insisting they don’t want to take away anyone’s guns is like the government telling plains Indians, because no tracks have been laid is proof trains will never come through their land.” Author

I Recently returned from Monaco celebrating Lewis Hamilton’s fifth Formula 1 World Championship, the Port Palace Hotel, (7 Avenue, Kennedy, Monaco) is fabulous. Hamilton, who is British and Black,2 joins Argentinian Juan Manuel Fangio at that mark with German Michael Schumacher holding the record at seven. Okay, I wasn’t really in Monaco. My family popped corks in the states. Cheers. But all was not well.

To my chagrin, the Great Unwashed turned Congress over to trolls who despise the U.S., hate its Constitution, and hate its Judeo-Christian foundations. I kind of understand young sock-puppet Millennials voting for neo-Marxist Alexandria Ocasio-Cortez, (or is it Evita?) in spite of her abysmal ignorance of economics, history, and the Constitution after all, they probably went to public schools. When run by liberals, dumb kids showing up at school house doors (Alyssa Milano) graduate even dumber. What I can’t fathom is how anyone could vote for reprehensible batrachian Nancy Pelosi whose former career, if I’m not mistaken, included playing Miss Gulch, the woman who took Dorothy’s dog away. Technology doesn’t exist capable of measuring her level of arrogance, pomposity, and deceitfulness. Were she attached to a polygraph, it’d explode the moment she opened her mouth. Rumor has it she and Cher recently tussled on the floor of their plastic surgeon’s office over the last bottles of collagen, Botox, and a Styrofoam cooler of baby’s skin for grafting.

In Part 1, I observed writing on race and crime was akin to crossing a mine-infested no-man’s land. On one side is a race hurting from wounds inflicted through discrimination and hatred. They search for acceptance leading to healing. On the other is a race who, to some degree, exacerbate the crisis by indifference. It’s expressed through attitudes like; “Crime ain’t happening in my neighborhood, why should I care?” Or “I had nothing to do with racism, it all happened in the past, so, why are these people still so angry?” And worse; “It’s a black thing.” They relate to blacks as if the latter are recent immigrants rather than having been in America, almost from the start, as American as the white man.

Ah, but perched like vultures in burned out trees overlooking the no-man’s land of racial division are today’s young Neo-Marxists, ready to swoop down on anyone daring to address race and crime in a fair and honest way. Blacks willing to do so are chastised as “traitors, Uncle-Toms,” and “racial-sellouts.” For whites willing to address the sources of the problem come shrill high pitched harridan shrieks of “racist” from the twisted fever spittled lips of Left-wingers. White flimsy-bodied Kulak-haters in black unitards regret none of the mayhem, destruction, and death they’ve unleashed in minority communities by stoking the flames of mistrust and animosity. They need it. Social disorder is vital to the Left’s strategy to realize their great project; subordinating the individual to the all-powerful state. Their route to power has never been the ballot box. It’s riding the crest of a wave of mass social unrest and violence as they did in Russia, China, Cuba, Zimbabwe, North Korea, and Palo Alto. Racial division is a tool useful for the left in breaking down social order. Their technique is to whip up anger among blacks, goad them into acts of civil disobedience, and provoke overreaction by police like the 1960s, and then the revolution is on. Unless issues of race are addressed honestly, reconciliation remains a pipedream. If you ask the wrong question, you get the wrong answer. As painful as it might be, the starting point is facing reality.

In 1999, Walter E. Williams, black Professor of Economics (George Mason University) wrote that “most violent crime in America, in our country, is committed by blacks.” They commit 54 percent of all murders, 42 percent of rapes, and almost 60 percent of robberies. With respect to interracial crime, “blacks are fifty times more likely to commit violent crimes against whites that whites against blacks.” Most of the violence is intra-racial with 93 percent of black homicide victims killed by other blacks.3 What the Left fails to mention is less than a hundred years after the end of slavery, a higher percentage of black children grew up in two-parent homes than white kids.4 In addition, the current crime problem in the black community was unheard of in the 1930s, 40s, and 50s. They didn’t have to shut their windows and lock their doors like they did in white neighborhoods, and could stroll their streets after dark without fear. Poverty and high school dropout rates were on par, often less, than white communities as well.5 Crime, poverty, unemployment, and poor education in the black community, accepted as the norm today, is in fact not and never was. A direct correlation can be drawn between this monumental change and liberal government social welfare programs, starting in the 1960s, and decline of the black family.6 They were making it on their own when the government pulled the rug out from under them.

What went wrong? Who is responsible? How can we begin to fix this? Those are the questions that should be asked. Blacks didn’t do this to themselves. But these questions won’t be asked because white liberals stoking racial division today are ideologically the same ones responsible for what has been done to the black community in the first place through their social engineering. Compounding the problem are “black” groups misidentifying those who stabbed them in the back and, asking the wrong questions, choose the wrong solutions.

Today Black Lives Matter (BLM) and the New Black Panthers (NBP) are joined by white Crypto-Marxists promoting revolution in America. Since the 1960s, they’ve demonized America’s founding conservative institutions, religion and family, until they’ve become epithets for hatred and racism. They corrupted public education harnessing it as a transmission belt for ideological indoctrination of each generation. Next they set their sights on other conservative institutions, the Boy Scouts and U.S. Military and, through insidious feminization and homosexualization, they too fell. Finally, deploying a fictitious narrative cooked up in the rotting fetid swamps of their brains, they went after the last man standing, the police, claiming they’re the tip of the white man’s spear in a war to destroy the black race. It is them they blame for violence in black communities. Is any of this true? Have circumstances changed since Williams wrote about race twenty years ago?

Twenty-three percent of New York City’s population is black (only 33% is white) yet blacks account for 75 percent of the City’s shootings compared to 2 percent by whites. Its black population commit 70 percent of all robberies and blacks and Hispanics account for 98 percent of illegal gunfire in the city. Most of the victims are black and Hispanic. Redacted by the liberal media is the fact most legal gun purchases in the Five Burroughs are made by whites but only a miniscule percentage are used in crimes.7 Blacks and Hispanics commit violent crimes in numbers disproportionate to their percentage of the population as a whole. But Liberal whites, who typically don’t live in or near minority neighborhoods, insist crime rates are the same, proportionate, for all races. They contend no race commits violent crime at a higher rate than any other, therefore, New York’s crime and arrest rates should mirror those percentages. If 23 percent of the city’s residents are black and 33 percent white, then 23 percent of crime should be committed by blacks and 33 percent by whites. But that’s not what’s happening. Black crime is way out of proportion to their percentage of the City’s population. What then accounts for the disparity? According to the white liberal media, it’s the result of racism.8 The Left would have you believe cops protect families in communities where they often live, arresting black suspects for assault, robbery, rape, and murder but look the other way when the same crimes are committed by whites. Yeah, right. I served and worked with police departments on the East and West Coasts and never met a police officer who wasn’t more than happy to put the habeas grabbus on the scrotes and dirt-bags of society irrespective of race.

Contrary to what white liberal pantywaists at the New York Times claim, police killings of blacks are actually extremely rare. They comprise a “minute fraction of black homicide deaths.” Approximately 25 percent of those shot and killed by the police are black meaning 75 percent are not.9 An arithmetic exercise is in order to put this into perspective. Yeah, I know, I went to public schools too.

Blacks comprise 13% of the U.S. population. They commit 57%+ of all murders, 45% of assaults, and 62% or robberies in America’s seventy-five largest counties.10 Of that 13%, approximately 47% are male.11 Approximately 49% of that 47% are between ages 18 to 34, the cohort committing the overwhelming majority of violent crimes.12 The 49% of the black population that is male represents 6.20% of the total U.S. population. The 47.7% of that 6.02%, ages 18-34, represents only 3.03% of the total U.S. population. When roughly 3% of a race commits 60% of the nation’s murders, and most of its rapes, robberies, and assaults, is it any wonder that cops profile, and people black and white, fear them? To be politically correct, should people equally fear Japanese, Indian-Americans, or Jewish Deli-owners? Wait a minute, professor, the Washington Post (marching orders for Bolshevik Millennials) claims “unarmed black men are seven times more likely than whites to die by police gunfire.”13 What do you say about that? If 60%+ of violent criminals are black, isn’t it far more likely the police will have encounters with them than whites? But let’s take a closer look at the paper serving the Kremlin on the Potomac.

Of the 987 people shot by police in 2015, 35 were unarmed black men, 2 unarmed black women, and 31 unarmed white men. Leftwing mouthpieces like the Post typically refer to unarmed suspects shot by the police as “victims.” What they dishonestly left out of this reporting is that of the 36 unarmed blacks, 5 tried to grab the officer’s gun and shoot him or her, several more had the officer down on the ground beating him or her senseless with the cop’s service equipment, (what would’ve happened once the officer went under), and 2 were killed by stray bullets fired from guns aimed at someone else. Black males are far more likely than white males to violently resist arrest, make a grab for the officer’s gun, and physically assault officers. In arresting suspects, no requirement exists for officers to first determine who is the better boxer, wrestler, or martial artist.14 Police officers are commissioned to enforce the law, keep the peace, and arrest those for whom probable cause exists to believe they’ve committed a crime. They’re not required to take a beating in performance of their duties.

Big surprise, the Pravda Post forgot to mention in cases they referenced that the suspects had gained control of non-firearm pieces of the officer’s equipment, including nightsticks, which are potentially lethal weapons especially when the officer is pinned to the ground, on his or her back. Detectives were beat bloody with their own portable radios while others under arrest, possibly on drugs, shrugged off night sticks, chemical sprays, and TASERS and were beating the cop senseless. Most people can only last a few minutes in an all-out struggle. But bad guys on drugs, like PCP,15 with the strength of Hercules, can go a lot longer. Officers often face suspects who are larger, stronger, and more physically fit. As a policeman, I took a class taught by a Captain from San Quentin, Marin County, California. Convicts behind bars practice escaping police holds, (feet apart and spread them, hands interlaced behind your head, and so forth), disarming cops, and killing them with their own service weapons. It was a chilling class. Once a cop is down, scumbags don’t need a gun to kill him or her. Kicks to the head, throat, ribs, and so forth will quickly incapacitate and kill a victim,16 one reason white-supremacist gnat-zies and ex-con thug-bikers wear steel-toed boots. If cops wait until they’re going under before grabbing the Smith & Wesson, it’s too late. Reality check; “Police officers are at a greater risk from blacks than unarmed blacks are from police officers. The per capita rate of officers being feloniously killed is 45 times higher than the rate at which unarmed black males are killed by cops.” And “An officer’s chance of getting killed by a black assailant is 18.5 times higher than the chance of an unarmed black getting killed by a cop.”17 But this is not what is explained in black communities or the liberal media.

Because some blacks target non-police random whites for “pay-back” assaults and the conflict between blacks and whites in general, talk of a “race-war” appears on social media. Regrettably, some blacks, including Economist Thomas Sowell and conservative former black Congressman Allen West believe the U.S. is already in the midst of a race-war. Random attacks on whites are justified as revenge for past injustices. Anyone with a white skin is fair game.18 Justification for race war are promoted by white liberal males tying to purge feelings of “white-guilt” guilt implanted into their skulls by public education, pop-culture, and university professors. To prove they’re not racists, they make common cause with BLM and NBP referring to the police as an “occupying force” and treat violent criminals as “victims.” Cop-killers are toasted as heroes within black communities and by white liberals19 who refuse to face the truth that crime in minority communities is black on black, not cop on black.20 St. Louis, Missouri, which makes Forbe’s Top Ten List of most dangerous cities in America like clockwork, is a black majority city in which 95% of homicide victims are black as are the killers.21 Kansas City, Missouri, called Kanshago in some circles (Kansas + Chicago) mecca for connoisseurs of abandoned boarded-up crumbling brick buildings, is 29% black and ranks as more dangerous than 94% of other communities in the state with an extremely high murder-rate, almost all black on black.22 Considering the municipal governments, school districts, and police departments of these cities are typically run by blacks, how can white millennial liberals continue to blame white cops? In addition, is it “white-guilt” that cripples their credulity or slavish adherence to ideology that causes them to stoop to or fall for race-hoaxes?

University of Missouri’s black president of the Missouri Student Association claimed “rednecks” in pickups screamed “nigger” at him warning that black students were going to be assaulted. He claimed the KKK had a presence on campus. Ultimately he, like black students at the University of Alabama and other colleges, confessed their stories of racial attacks were hoaxes. They made it all up.23 They painted the Swastikas and white supremacist symbols on buildings and dorm doors themselves. Further damage was done to the University of Missouri, negatively affecting enrollment and athlete recruitment, when black football players went on strike refusing to practice or play until graduate student Jonathan Butler ended his hunger strike.24 Butler, a self-described black “activist,” was protesting what happened in Ferguson, Missouri and demanding University President Tim Wolfe and Chancellor R. Bowen Loftin resign for doing nothing about alleged anti-black racism at the University. Regrettably, vertebral atrophy won the day and these administrators were forced to resign over faux racism and racial hoaxing as leftists learned to use race to flex political muscle.25 Perhaps worse, in a massive display of cowardice and gonadectimization, Board of Curators Chairman (a charitable sex-designation) Donald Cupps apologized to black students for the faux racial incidents, political race “stunting,” and hoaxing committed by black students that also destroyed the careers of lifelong educators and administrators.26 My contacts out in Missouri, advise enrollment at Missouri’s flagship university has plummeted, hundreds of professors have been laid off, and so many dorms closed, the university is renting them out like apartments and hotel rooms. And the most tragic consequences of these false narratives and lies?

From Baton Rouge to Dallas, 2015-2016 saw an “extreme spike” of 56% in ambushes on cops over 2014. This spike began following well-orchestrated and publicized protests and riots coupled with the Left’s calculated inflammatory rhetoric (aided and abetted by former president Obama).27 Another consequence is the “Ferguson Effect.” Afraid of being accused of and punished for racism, police officers scaled back aggressive proactive policing and anything that smacks of profiling. As a result, violent crime has spiked with cities like Baltimore experiencing a blood bath. Street cops know that, like the University of Missouri’s Board of Curators, the powers-that-be will shamelessly throw them under the bus in a heartbeat to placate the violent mob.28 Who suffers the most? Blacks living in the inner-city. Way to go Lefties.

Thomas Sowell

1 Teachers are forced into retirement for various reasons. My crime was engaging in Unprotected Education. I dared to teach the “other side” as opposed to liberal dictum being indoctrinated into the minds of students and was targeted by a coven-like cabal of leftist teachers for expurgation. They were relentless. What makes me so dangerous now that I’m out? Because I was on the INSIDE for 25 years, I know what really goes on, and I’m going to tell. Watch for future articles.

22 I don’t refer to Hamilton as “black.” His father is Caribbean, of African ancestry, and his mum is a blonde Englishwoman. Lewis was born and raised in England. Formula 1 drivers represent their nation, their team, and the sport, not a race. The world, not me, describes Lewis as black. Naturally blacks claim him as he may go down in history as the greatest F1 driver of all time. Although half-white, some whites see him as a “black guy who is part white.” Born with a natural tan, I was forced to “defend” my racial composition as a teacher. Colleagues mocked my suspected racial composition, yes, teachers, and students made up songs whose lyrics were full of speculative mockery. It seems, unless one is 100% white, even if 80%+, they’re not accepted as white but as representatives for their tiny non-white part. Yes, racism exists in America.

33 Walter E. Williams, More Liberty Means Less Government: Our Founders Knew This Well (Stanford, California, Hoover Institution Press, 1999), 20-21.

44 IBID. 23.

55 Walter E. Williams, “The Community and Crime,” at https://www.creators.com/read/walter-williams/01/17/the-black-community-and-crime-.

66 Marvin Olasky, The Tragedy Of American Compassion (Washington, D.C., Regnery Publishing, 1992), 167-199.

77 Heather McDonald, The War Against Cops (New York, N.Y., Encounter Books, 2016), 27-28.

88 IBID. 34-37.

99 IBID. 37-38.

1010 IBID. 38. See also: Taleeb Starkes, Black Lies Matter: Why Lies Matter to the Race Grievance Industry (North Charleston, South Carolina, Createspace Independent Publishing Platform, 2016), 23.

1313 McDonald, 74.

1414 IBID., 74-76. Citizens seem to think the local cop knows and represents every cop anywhere in America. If one does something wrong, all cops are guilty. I was asked often why cops used mace, nightsticks, and even guns on bad guys instead of using martial arts like William Shatner on the television show, T. J. Hooker. You know, Kung-Fu kick the bad guy’s gun from his hand. They said; Instead of shooting and killing bad guys shooting at you, why don’t you “wing” him instead? You can’t make up this kind of idiocy.

1515 PCP: Phencyclidine. Street name is “Angel-Dust.” Some people cook PCP in water and then, using a spray bottle, spray it on Marijuana cigarettes. They smoke it when dry. PCP, formerly a horse-tranquilizer, is a mind-altering drug than can cause extreme paranoia, violence, hallucinogenic episodes, psychosis, and gives the user incredible strength. How do I know? Whaddaya mean how do I know? I had to arrest these junkies and more than a few told me “how it was done.”

1616 McDonald, 74-76.

1717 IBID. 77-79.

1818 Starkes, 41-42.

1919 Starkes, 118-134.

2020 IBID. 43.

2121 IBID. 97.

2222 IBID. 98-101.

2323 IBID. 174-178.

2424 Todd Palmer, “Missouri football Coach Gary Pinkel to Resign Following 2015 Season,” at httpS://amp.kansascity.com/sports/college/see/university-of-missouri/article/44782572.html.

2525 Daniel Arkin, Alex Johnson, and Jon Schuppe, “University of Missouri President Tim Wolfe Resigns Amid Racial Unrest,” NBC News, at https://www.google.com/amp/s/www.nbcnews.com/news/amp/ncna459941.

2626 IBID.

2727 Ari Melber and Dianna Marinaccio, December 29, 2016, “Sharp Rise in Ambush Killings Leaves Police Officers, Families On Edge,” NBC News, at http://www.abcnews.com/amp/sharp-rise-ambush-killings-leaves-police-famalies-edge-A700891.html.

2828 McDonald, 62-71.

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When is a gun not a gun?

When it isn’t a gun.

When I saw this report…

How Academy Sports Could Be At Fault For Sutherland Springs Because Of A Firearm Accessory
A state district judge in San Antonio ruled Monday that relatives of the victims of the First Baptist Church in Sutherland Springs can sue Academy Sports, the Katy-based sporting goods chain that sold the shooter the rifle he used in the 2017 attack.

… I expected BS. When I saw this…

Timothy Lytton, professor at Georgia State University College of Law, says this could have implications nationwide because the judge ruled that Academy broke a federal law.

… I knew I’d found it. I happen to be familiar with Lytton, from correspondence last year.* Lytton has expressed outrage that: “Designs include handguns and semi-automatic assault-style weapons. Federal background check laws applicable to the physical sale of firearms do not apply to the electronic posting of digital blueprints”.

Mainly because electronic files aren’t firearms. He could never quite grasp that point. And while he seems vaguely aware of NICS, he’s a little hazy on other laws: “Since the 1980s, anyone can purchase the most lethal of firearms
free from all legal restrictions.”

W. T. F?

But this comment he made in a column last year is very, very important to our current discussion.

“Gun parts – as opposed to whole guns – are not subject to any of the federal regulations that govern firearms sales. No federal license is necessary to sell gun parts. And no background check is needed to purchase them.”

Gun parts. That’s… partially true. AR lowers, drop-in auto sears, and any receiver more than 80% complete require an FFL to sell commercially (and in the case of the DIAS, NFA applies). The ATF famously once classified a shoestring as an NFA-regulated machinegun.

But not magazines.

Which brings us to the Academy Sports “negligence” lawsuit. Academy Sports in Texas sold an AR with a 30-round magazine to the shooter-to-be, who presented himself (complete with ID) as a Colorado resident. The buyer passed a NICS check (thanks, negligent USAF). The magazine — unlawful in Colorado, which is why Magpul left the state — is the basis of the suit.

Texas judge lets Sutherland Springs church shooting victims sue gun retailer
The plaintiffs reportedly argue that the chain was liable for the shooting because employees at its retailer in San Antonio sold Kelley a high-capacity magazine that was illegal in his home state of Colorado.

The two sides reportedly sparred at a hearing Thursday over whether the federal definition of a firearm includes any magazine sold with it, and whether a Colorado law that bans the sale of high-capacity magazines applies to Colorado residents who make the purchase in Texas.

There was no need for “sparring.” The judge should have tossed the suit with a sneer.

The applicable federal regarding interstate long gun sales is 18 U.S. Code § 922(b)(3):

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

“Any firearm,” not any “firearm part,” or “accessory.” The ATF regulates AR lowers by calling them firearms. Drop-in auto sears are “machineguns.” How does federal law define “firearm,” or “rifle” in this case?

26 U.S. Code § 5845(c) Rifle
The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge.

No mention of magazine there. No “or any ammunition feeding device for same.”

Nor here:

18 U.S. Code § 921(a)(3)
The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

So federal law defines firearms and rifles, but doesn’t mention magazines as a part of either. In this case, we have to fall back on state law.

Does Colorado — the formal state of residence of the shooter — call magazines “firearms” in state law?

18-1-901 Definitions
(2)(h) “Firearm” means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

No magazine there. In fact, 18-1-901(2)(e) makes it clear that that a firearm is a firearm whether or not it is loaded:

(e) “Deadly weapon” means:

(I) A firearm, whether loaded or unloaded;  or

The magazine is extraneous to the firearm.

Let’s go a little deeper into Colorado law. Colorado does separately define large-capacity magazine.

18-12-301. Definitions
(2) (a) “Large-capacity magazine” means:
(I) A fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition;
(II) A fixed, tubular shotgun magazine that holds more than twenty-eight inches of shotgun shells, including any extension device that is attached to the magazine and holds additional shotgun shells; or
(III) A nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine.
(b) “Large-capacity magazine” does not mean:
(I) A feeding device that has been permanently altered so that it cannot accommodate more than fifteen rounds of ammunition;
(II) An attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; or
(III) A tubular magazine that is contained in a lever-action firearm.

To Colorado, “large-capacity” magazines are a thing unto themselves, not firearms.

18 U.S. Code § 922(b)(3) restricts the interstate sales of firearms. It does not restrict the sale — interstate or intrastate — of accessories, whether scopes, slings, muzzle brakes, or magazines — which even Colorado doesn’t consider firearms. It simply doesn’t apply. Right, Prof. Lytton? (“Gun parts – as opposed to whole guns – are not subject to any of the federal regulations that govern firearms sales.”)

While Colorado statute 18-12-302 generally bans possession of “large-capacity” magazines themselves, I have to question whether that law would apply outside of Colorado.

Out of state? Of an object that was never alleged to have been in Colorado?

“Gun parts – as opposed to whole guns – are not subject to any of the federal regulations that govern firearms sales.”

Now I wonder why Lytton didn’t tell Ms. Covington that, instead of suddenly deciding magazines are firearms, contrary to actual law.


* From there, Lytton devolved into incorrectly describing the outcome of a lawsuit revolving about “MAC-10s,” misstating my positions, and evading nearly every question I asked. I can make copies of our exchange publicly available should he wish to dispute my account.

 

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Stupid Enemies, Part II

Last week, we saw an idiot enter a bill to make violating the Undetectable Firearms Act illegal. Now I think I need to add a “Department of Redundacy Department” category to our Gun Culture Primer.

Illinois state Sen. Julie Morrison has filed an “assault weapon” ban bill, SB 107. It’s the usual, with grandfathering of registered “assault weapons,” which can then be transferred only to an heir or out of state.

I always like to see just what gets defined as an “assault weapon.” This one includes a doozy.

(C) a semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
[…]
(ii) a folding, telescoping, or thumbhole stock;

Most folks call that a short-barrel rifle (SBR), and it’s an NFA item that already has to be registered. And Illinois regulates the heck out of them.

 

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For the utter stupidity of our enemy, let us thank G-d

I was going to include this in next week’s alert newsletter, but it’s so monumentally moronic, it needs to be addressed here, too.

Seeking to ban ‘undetectable’ guns, Rep. Madeleine Dean proposes law
The current law “does not adequately address today’s technologies or security risks,” said Dean, who represents Montgomery County. “Today, we face a more pressing issue — firearms made entirely of plastic, or with so much plastic that they fall below the current law’s detection standard.”

“…with so much plastic that they fall below the current law’s detection standard.”

@RepDean actually did it. She filed a bill to make it illegal to violate the Undetectable Firearms Act (18 U.S.C. § 922(p)).

If the firearm doesn’t contain 3.7 ounces of steel, the maker has committed a felony. Ms. Dean’s bill would make it illegal to commit that felony.

If a plastic firearm doesn’t show up on airport x-ray, the maker has committed a felony. Ms. Dean’s bill would make it illegal to commit that felony.

To be sure of the latter, one could add barium sulfate to the plastic mix, but it really isn’t necessary. While this fact is apparently unknown to materials scientist Dean, doctors, nurses, veterinarians, parents, and anyone else who has had to deal with a child or pet who swallowed a plastic toy — heck, anyone who did a cursory web search of weird pictures — is well aware that…

Yes, plastic shows up in x-rays.

I don’t have the bill number, much less the text. I’ve asked Rep. Dean for that information. But I think it’s fair enough to take her at her own word.

Added: Here it is: H.R. 869: To modernize the Undetectable Firearms Act of 1988. No summary or text yet. 14 co-sponsors, including Jackson Lee and Swalwell; actually, it’s a regular list of the dimmest of Dems.

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with truck repairs and recurring bills. And the rabbits need feed. Truck insurance, lest I be forced to sell it. Click here to donate via PayPal.
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