Tag Archives: gun control

Thank you, Senator Feinstein

For making the pro-human/civil rights case for us, just this once. However inadvertently.

WATCH: Feinstein Tries To Nail Kavanaugh On Guns, Completely Fails
Feinstein continued by claiming that “assault weapons are not in common use.”

Kavanaugh responded by noting that “semiautomatic handguns and semiautomatic rifles are widely possessed in the United States” and that “there are millions and millions and millions of semiautomatic rifles that are possessed.”

“You’re saying the numbers determine common use?” Feinstein replied. “Common use is an activity. It’s not common storage or possession, it’s use. So what you said is that these weapons are commonly used. They’re not.”

“They’re widely possessed in the United States, senator,” Kavanaugh replied. “And they are, they are used and possessed.”

That’s mildly amusing, since Feinstein has spent decades insisting that “assault weapons” must be banned because they are so commonly used.

“And the numbers continue to grow. Between 1988 and 1997, 125 were killed in 18 mass shootings. The next decade, 1998 to 2007, 171 were killed in 21 mass shootings. And over the last 10 years, 2008 to 2017, 437 were killed in 50 mass shootings.

“That’s 89 mass shootings in the last 30 years that snuffed out the lives of more than 700 people. Additionally, many police officers killed in the line of duty are killed by assault weapons, including 1 in 5 officers killed in 2014.

But now she admits that semiautomatic firearms are not so commonly used in crime. And that’s true, looking at the firearms used in crime as a percentage of all guns, “crime guns” are perhaps just 0.0307%. The rest are used for lawful purposes like defense, hunting, target-shooting, or simply collecting.

Clearly there’s no need for a ban of devices so rarely used criminally. Thanks for noting that, Senator Feinstein.

For those unsure why “common use” is a big deal (none of my regular readers, I’m sure), it’s from the 1939 SCOTUS decision in MILLER.

“The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. “A body of citizens enrolled for military discipline.” And further, that ordinarily, when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.

Feinstein knows that and is trying to get around it. Too bad she didn’t read the 2008 HELLER decision

“(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542, nor Presser v. Illinois, 116 U. S. 252, refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174, does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54. ”

“3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.

And

“The traditional militia was formed from a pool of men bringing arms “in common use at the time” for lawful purposes like self-defense. “In the colonial and revolutionary war era, [small-arms] weapons used by militiamen and weapons used in defense of person and home were one and the same.” “

Keep reading

Under any of the standards of scrutiny that we have applied to enumerated constitutional rights, 27 banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster.”

The Supreme Court made it rather clear that common possession for lawful purpose is common use, Constitutionally speaking, Senator.

So there we have it, by Feinstein’s admission, semiautomatic firearms are rarely used in crime (as a percentage of firearms), but they are protected by the Second Amendment as interpreted bt the Supreme Court. There’s no reason to ban them, and trying would violate the Constitution. Case closed.

But the reality is that firearms are commonly used: defensively. Even the anti-rights Violence Policy Center admits to 338,700 defensive gun ises per year. Other estimates go as high as 2.5 million. Perhaps those are the uses Feinstein wants to end.


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Amazon vs. the Constitution

And losing.

3-D-printed gun blueprint was uploaded in book form to Amazon as a ‘free speech exercise.’ Amazon removed it.
The free speech exercise didn’t last long. Amazon removed the book Wednesday for “violating our content guidelines,” a spokesman confirmed to The Washington Post. He declined to elaborate on exactly what guidelines the book violated or whether the decision to remove it was related to the temporary restraining order.

Of course, the restraining order was against Cody Wilson and DefDist, not everyone on the planet, which isn’t exactly one WA district judge’s jurisdiction (not that he cares about fine legal points). Which is exactly why CodeIsFreeSpeech.com could and did post the files.

Meanwhile — as of this writing — Amazon is still selling:

Huh. I wonder what “content guideline” applied to The Liberator Code Book that doesn’t apply to those books, mostly listed on Amazon for years.

Maybe it’s the plastic?

Nope (and some of that stuff is more dangerous than the Liberator).


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Hand ‘em out like candy

Is there perhaps a positive change in the wind for beleaguered Israeli citizens? For several months now they have endured rockets being shot at them from the “two state solution” known as Gaza. Gaza was a fairly prosperous area prior to Israel withdrawing from the area and the citizens of Gaza electing hamass. They’ve endure rockets, bombs, firebombs, rocks, snipers, falcons being murdered by having devices attached to them so they could set more of Israel on fire than they could reach with a fire kite. All because they love the land so much they feel compelled to burn it all. There was recently a demonstration in Tel Aviv by the citizens of communities located near Gaza. They feel the government is doing enough/much/anything (circle the correct answer) to protect them.

The protesters shouted “the government must wake up – the south is burning” and “we are not cannon fodder.” They carried signs reading “the south is burning” and “we are tired of burned fields, we are tired of our children crying.”

They have darn good reason to think this way. In Orwellian double speak worthy of Yasser Arafat’s taqiyya of saying he wanted peace then explaining to the ticked off arabs he was just saying that for political reason we have this

After 250 rockets from Gaza hit Israeli locations, one a heavy Grad, Israel’s security cabinet meeting Thursday, Aug. 9, directed the IDF to continue to pursue “powerful action against terrorist forces.” This was tantamount to a decision against a major Israeli military campaign against Hamas at this time, while instead carrying on with tit-for-tat air strikes as before, and leaving the targeted communities to their despair. Some 19 people were injured in the last two days. Hamas is therefore still allowed to call the shots, exactly as it has done in the last four months, while inflicting in Israel diverse brands of terror.

The daily attacks by other arabs continue with stabbings, pro-tip, quit giving the bodies back. They don’t give Israelis back their slain. Arabs hold a big funeral, and a bunch more of them crawl out from under rocks and come into Israel to try to get money and fame by killing Israelis.

Chum Bucket, 31, approached several police officers near the Temple Mount on Friday afternoon. He tried to stab one of them with a knife before being shot dead by the officers who were at the scene.

If he’s going to attack armed police do you think he will hesitate to attack who he thinks is an unarmed vulnerable Israeli?

And he’s not the only one.

Israel Police on Wednesday said that a terror attack in Jerusalem was foiled last week.

In a statement, Israel Police said that officers operating in Jerusalem’s Old CIty noticed a suspicious individual and detained him. Upon searching the suspect, the officers found a knife and tear gas.

The suspect is a 26-year-old Arab resident of Hevron. He was immediately arrested and taken to the police station, where he was interrogated.

The criminals of course are armed, so gun control is working great there.

Police suspect the target of this morning’s shooting at a vehicle in Tel Aviv’s Kikar Hamedina Square was Ben Cohen, a criminal known to police.

Shots were fired from a scooter passing the vehicle where Cohen sat. No one was hurt and massive police forces were called to the scene.

Things are getting so serious the UN, which does not believe in the human right to self-defense, is thinking about getting involved. United Nations: Peacekeeping could protect Gazans from Israel

Are you kidding me?? Forget about Israel and the IDF you ignorant blow-hards. How about doing something about this? NIS 1 million deducted from PA transfers over torture. Need I mention they are torturing their own people. Or this little detail IDF foils Gazan infiltration attempt. Dead Jews do not concern the UN. Remember that, plan accordingly.

So, for the good news.

Public Safety Minister Gilead Erdan eased gun restrictions since armed civilians on the scene often help the police contain terrorist attacks and reduce casualties – especially in “lone wolf” incidents.”

But wait, what if your government doesn’t think your life is worth what you and your family think you life is worth. What if for example you were Elor Azariya? This case has been well covered on TZP if you have any questions just search using the little search tool on the right.

Well, we don’t have to “what if”. He applied, he was denied and the injustice continues. Apparently a James Comey (Israel version) works in the Police Department. The media knew Elor had been denied before he did. The man applied because his life was in danger, and it was in danger originally because of the liberal left being in full control of the legal process.

Terrorists do not hesitate to attack armed soldiers, police or guards. They most certainly will not hesitate to attack presumably disarmed Israeli citizens.

Palestinian youth on a stabbing rampage murders an Israeli man, injures two

A 17-year old terrorist climbed the security fence into the Adam community north of Jerusalem Thursday night, July 26, and slashed one victim after another.  Yotam Ovadia, an Israeli man of 31, whom he repeatedly stabbed, died soon after from multiple wounds, a second man, aged 58, was badly hurt and a third though injured managed to pull his gun and shoot the killer dead. The terrorist came from the nearby Palestinian village of Kobar. He must have studied the electronic fence in advance, because he was able to climb over without triggering the sensors for an alarm.

And in the end, it was a good guy with a gun that stopped the carnage. The security fence didn’t stop them, guards didn’t stop them, patrols didn’t stop them. A good guy with a gun stopped him.

Don’t be stingy Erdan, hand those gun permits out like candy.

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Prescience?

While looking up some old writings, on a mostly unrelated subject, I happened across this old column:

Lacking new legislation to authorize this, the FAA simply, and arbitrarily, redefined toys to be aircraft requiring registration. [ding ding]
[…]
President Barrycade has stated his intent to issue executive orders to implement gun control, since he lacks legislation to do so.
[…]
Since Obama and other blood-dancers have stated publicly that they wish to crack down on private sales, it seems safe to assume this will be in one EO or another. But what if he emulates the FAA a little more closely?

Imagine “redefining” all firearms as NFA items. Just like toys became airplanes. Or how atmospheric plant food became a pollutant.

That was December 21,2015; one of my first columns for The Zelman Partisans. Fast forward to…

  • October 5, 2017

    Basically this Constitution-shredding Senator wants to redefine “machine gun” by how fast you can make something fire, rather than being designed to fire automatically as long as the trigger is depressed.

  • February 26, 2018

    “Machinegun” is defined in statutory law. Short form: a firearm that fires more than one round per trigger operation. If that can be changed by executive order, instead of congressional legislation, then everything is a machinegun waiting for the pen-stroke.

  • March 10, 2018

    Department of Justice Submits Notice of Proposed Regulation Banning Bump Stocks

  • April 2, 2018

    In short, this NPRM, and the intent of the gun controllers, is a camouflaged ban on semiautomatic firearms. Doubt it? Read the NPRM language, and ask yourself how “President Hillary Clinton” would read and apply the rule.

  • April 27, 2018

    Gun Owners of America finally notices the semiauto problem with bump-fire bans, and the crowd — finally — goes wild.*

  • Las Vegas Bump Stock FOIA Claims ATF Not Allowed to Examine Weapons
    “ATF did not disclose that they had not examined the firearms prior to promulgating the rule,” firearms designer and Historic Arms, LLC President Len Savage notes. “And now that the comment period is closed should they go forward with this rule under the Administrative Procedure Act that information can not be used in a court challenge because it was not submitted prior to closing of comments.

They are doing exactly what I warned of almost three years ago. My only error was in expecting it from Obama rather than dubiously “pro-2A” Trump.

You’re welcome.


* I’d like to think that had something to do with the multiple emails — and my columns — on the semi-auto problem, which I sent to GOA before they finally spoke up.


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Horses, cats, and ships

I’ve noted before that 3D-printed plastic guns are impractical.

So why the emphasis on stopping them?

To suppress the technology

The Darkly Twisted Logic Behind The NRA’s Support For 3D-Printed Guns
“You go down six months, two years, five years, when these things do start to appear, and then they sort of shrug their shoulders and say you can’t regulate these things, the horse is out of the barn,” said Spitzer. “The public policy question is are these worthy of regulation or even prohibition or restriction in the first place, and if they are, what better time to do it than before they become widely in circulation?”
https://www.huffingtonpost.com/entry/nra-3d-printed-guns-gun-control_us_5b633bcce4b0fd5c73d762b2

The cat is out of the bag, the horse has left, the barn, that ship sailed, [insert your favored metaphor].

People have been hand-making gun for centuries. 3D printing does make it easier for the unskilled to start from scratch. But you know what? There’s another grand invention that already did that.

Pipe.

Once you could go down to the hardware store and pick up iron pipe in various sizes, anybody could make a gun. And a lot of people did. And do.

Shall we ban indoor plumbing? If it saves just one life?


Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could use the money, what with truck repairs and recurring bills. Click here to donate via PayPal.


Ed. note: This commentary appeared first in TZP’s weekly email alert. If you would like to be among the first to see new commentary (as well as to get notice of new polls and recaps of recent posts), please sign up for our alert list. (See sidebar or, if you’re on a mobile device, scroll down). Be sure to respond when you receive your activation email!

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Political Polling

Did you ever wonder how pollsters can keep coming up with claims that 90+% of Americans want universal background checks preemptively-prove-your-innocence prior restraint on rights when every time it goes to the voters actual results never come within 30 points of the claim?

Poll: Vermonters strongly support new gun-control measures
More than two of every three Vermonters say they support the new gun-control measures signed into law by Gov. Phil Scott this year, according to the results of a poll conducted by Vermont Public Radio and Vermont PBS.

Vermont is pretty liberal, so maybe that shouldn’t be a surprise. But it’s a bit of a strange state when it comes to RKBA. When I lived in New England, I often heard how much Vermonters like their guns; libertarian types would note it with approval, liberals with befuddlement, and conservatives made jokes about “heavily armed hippies.” But everyone knew it.

So how did VPR/VPBS come up with results indicating such heavy approval of gun control? The secret is in the polling methodology, something I like to look at nearly as much as alleged results. In this case, the clue is:

“For the landline sample, interviewers requested to speak with the youngest male member of the household who is at least 18 years of age; if there was no male in the household, interviewers requested the youngest female.”

They actively screened for the youngest voting-eligible demographic. The group which most strongly leans liberal, statistically speaking. That accounts for the liberal skew in the results.

I mentioned this to someone, as an example of the worst built-in survey bias methodology I’d ever seen. And that person told me something of which I was unaware: that most phone poll calls she’s gotten do the same thing. It’s been years since I participated in a phone poll,* so I hadn’t realized this. It’s the first time I spotted that selection criteria in methodology notes (usually I see a pro-urban selection bias, and over-representation of Democrats compared to the general population).

Those young adults also tends to have the lowest voter turnout, which accounts for the fact that polls rarely match voting reality.

That age selection game is particularly problematic for Vermont.

“Vermont faces a demographic challenge. Our population is stagnant and getting older. We have fewer school-age kids, which drives up the per-pupil cost. We have fewer young adults to invigorate the workforce and pay forward the costs of retirement and health care for older Vermonters.”
The Mass Exodux Myth

But VPR and VPBS think that comparatively tiny group speaks for the older folks — gun-toting hippies — who greatly outnumber them.

So when you hear that “95% of Americans want to a$$-rape the Constitution,” remember that it really means “95% of millenials who probably aren’t going to vote, and think the Army carries semi-auto AR-15s, believe bump-fire stocks are machineguns, and expect blackmarket arms dealers to conduct universal background checks, want to bend you over the table and have their way with you. Without vaseline.”


* That’s because I don’t answer calls with blocked caller ID, or unrecognized numbers. If Pew, Gallup, or whoever wants to poll me, their caller ID should say Pew, Gallup, or whoever. And the last few poll calls I did take (years ago) turned out to be push polls, and I hung up on them.


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Why even watch the video?

I ran across this story: Former CDC Doc: You Can Reduce Gun Deaths Without Restricting Guns. I was going to watch the video, but after reading the intro..

Why bother?

“More people die from gun deaths than from car accidents every year in the United States.”

Not according to the CDC’s WISQARS.

Year MVA Firearms
2016 40,528 38,658
2015 38,022 36,252
2014 35,647 33,594
2013 35,612 33,636
2012 36,654 33,563

“However, while research-based policies have reduced motor vehicle deaths, federal research on firearm deaths is nearly non-existent.”

“Nearly” is such a useful term when you want to lie without… quite lying. The federal government does fund research into firearms-related deaths. It’s difficult to find a summary of such funding, but from checking individual papers (just where the funding is explicitly listed) it appears that the feds fund it to the tune of several hundred thousands of dollar per year. At least.

“That’s due to the Dickey Amendment, which says Centers for Disease Control funding cannot be used to promote gun control.”

The Dickey Amendment only addressed CDC operations, because it was caught diverting research funds to gun control advocacy; i.e.- they weren’t researching. Other organizations like the NIH have been free to study firearms, and do.

“Soledad O’Brien sits down with Dr. Mark Rosenberg, who formerly oversaw gun violence research at the CDC”

In fact, Rosenberg was the victim-disarming gun control promoter at the CDC who caused the passage of the Dickey Amendment, largely with this statement: “We need to revolutionize the way we look at guns, like we did with cigarettes. Now it [sic] is dirty, deadly and banned.”

That’s right; he’s the one who was diverting money away from real research, and to — very likely illegal — political activism.

I did try to watch the video, though. And stopped when O’Brien flat out stated that the Dickey Amendment was passed to stop research.

Don’t bother; it’s just biased media lying to push its agenda again. Still. Constantly.


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A-CLUe-less: “A Pro-Liberty Case for Gun Restrictions”

They lost me at:

Overall, the ACLU does not generally engage in either side of the gun control issue.

Except when they do.

“Pro-liberty.” Someone is in dire need of a dictionary.

In particular, those who support expansive gun rights as a protection against excessive government power should strongly consider how much government intrusion and expanded power they’re willing to trade for those rights.

And what kinds of intrusions might those be?

  • Increased physical searches, including ever-expanding checkpoints, bag searches, magnetometers, body scanners, pat downs, and more. Call it the “airportization of American life.”
  • More surveillance.
  • A growth in databases, watch lists, investigations, and background checks that set the government rummaging around in our personal lives.
  • More armed police and guards at more and more civilian gatherings, potentially down to every Little League game and church picnic…
  • More police shootings.

Oh. Wait. That’s exactly what would be needed to enforcement the sort of “pro-liberty” infringements the American Criminal Life Union wants. You know: NYC stop&frisk, which they hated. FISA warrants, which they hated. Armed guards… well, the ACLU like “gun-free” zones. And do you suppose armed criminals avoiding arrest under the ACLU’s new “pro-liberty” victim disarmament laws might be involved in the occasional police shooting?

Idiots.


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Cautiously Dubious: SCOTUS Nominee Brett Kavanaugh

I’m still researching this guy. I’m not overly thrilled with some political stuff in his background. On the other hand, the LA Times says this:

Kavanaugh appears to support broader gun rights under the 2nd Amendment. In 2011, he filed a 52-page dissent when the appeals court, by a 2-1 vote, upheld a District of Columbia ordinance that prohibited semiautomatic rifles Kavanaughand magazines holding more than 10 rounds. The judges in the majority, both Republican appointees, noted that several large states, including California and New York, enforced similar laws.

But Kavanaugh said the ban on semiautomatic rifles was unconstitutional because the weapons are in common use in this country. “As one who was born here, grew up in this community in the late 1960s, 1970s and 1980s, and has lived and worked in this area almost all of his life, I am acutely aware of the gun, drug and gang violence that has plagued all of us…. But our task is to apply the Constitution and the precedents of the Supreme Court, regardless of whether the result is one we agree with as a matter of first principles or policy,” he wrote.

Maybe. But to the LAT, anything short of full support for outlawing all firearms (except, somehow, the criminals’) looks like a rabid, pro-RKBA radical.

Then there’s this line from the National Review

“Brett Kavanaugh is basically John Roberts 2.0, a product of the Bush Administration and the conservative legal elite,” says Dan McLaughlin of the conservative “National Review.”

Joy. Another “conservative” who, once on the bench, acts as if wholely owned by the Democrats?

On RKBA, Kavanaugh appears to be acceptably constitutionally-minded. On other issues, like taxes, he’s weaker in terms of individual rights. We’ll simply have to wait out the confirmation process (which will be quite a circus; possibly even more so than the usual SCOTUS nomination).

Just remember that Kavanaugh has been nominated by a man who ran on a pro-RKBA platform, then directed the DOJ to regulate/ban inert plastic accessories as machine guns in crazed contrast to reality, opening the door to a “machine gun” ban on virtually every repeating firearm in existence.

If only I could ask questions of Kavanaugh in confirmation hearings.

  • Do words have meaning?
  • Will your decisions be based on the constitution as written, or as interpreted under the latest fad for imagined fairness in outcomes?
  • If one must demonstrate “standing” by being damaged by a law before filing suit against it, must one wait to be shot before exercising self-defense?
  • Does due process matter? Does due process still matter in ERPOs”?

That’s a start.

What questions would you like to hear during the confirmation?


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Chicago Car Violence Protest

This past Saturday, Rev. “Snuffy” Pfleger (so named for calling for gun store owners to be “snuffed out,” a crime by anyone else) led thousands in a protest of the Interstate highways in Chicago to protest violence. Car violence, one might assume from the location.

You’d be mistaken. They were protesting “gun violence.” And the drug war, for jobs, for free money, and “a plan to improve schools.” I suspect culling the stupid by wandering into expressway traffic will do more to improve schools in the long run, than any formal “plan.”

But, basically, they were protesting “gun violence” by inconveniencing folks who aren’t committing it, in an area where it doesn’t much happen compared to certain, specific neighborhoods. Go figure.

Perhaps they were merely “raising awareness” of gun violence. So they have to bring it to the attention of those not committing it; the criminals already know.

Or maybe they’re cowards.

If Father Snuffy wants to impress me, he should organize a march into the neighborhoods infested by the gangs and drug criminals who are committing the “gun violence” (mostly against each other, their competitors). They can walk arm in arm and protest the Adidas Boys, Black Disciples, Crazy Gangsters, Latin Stones, assorted Vice Lords, and a few dozen other known gangs. Inconvenience those people, Pfleger. If you have the guts.

Go for it, Rev. March into those neighborhoods and call out the armed gangbangers. Threaten to “snuff out” a few of them and see what happens. Experience the violence inherent in the system first hand. You might want to leave your wallet at home.

Ah, but maybe Snuffleupagus doesn’t know where to find them. After all, his fellow marcher Chicago Police Superintendent Eddie Johnson (and why is the PD participating in — endorsing — an unlawful act?) doesn’t seem to be able to locate the bad guys.

Allow me to assist you, Snuffer. Or, more specifically, let ChicagoGangs.org do the cops’ job: names, locations, descriptions. Everything you need to identify the violence-prone neighborhoods and responsible gangs.

Go tell the violent criminals to stop the violence, and let the innocent be.

It’s time for Pfleger to put up, or shut up.


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Ed. note: This commentary appeared first in TZP’s weekly email alert. If you would like to be among the first to see new commentary (as well as to get notice of new polls and recaps of recent posts), please sign up for our alert list. (See sidebar or, if you’re on a mobile device, scroll down). Be sure to respond when you receive your activation email!

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