Tag Archives: gun control

NY SPY Act: S. 9191

While people are starting to take notice of the New York bill that would include social media in licensing background checks, most seem to missing an important point or two.

When I first heard about this being draft, I asked, “Realizing you’re politicians, & thus insane, I ask: HOW are you going to see a 1YR Internet search history?”

The bill has been filed, and my question semi-answered.

NY: S09191 Summary: Relates to requiring social media and search engine reviews prior to the approval of an application or renewal of a license to carry or possess a pistol or revolver

Here is the most relevant part:

54 deem appropriate. In order to ascertain whether any social media
55 account or search engine history of an applicant presents any good cause
56 for the denial of a license, the investigating officer shall, after

S. 9191 3

1 obtaining the applicant’s consent pursuant to subdivision three of this
2 section, and obtaining any log-in name, password or other means for
3 accessing a personal account, service, or electronic communications
4 device necessary to review such applicant’s social media accounts and
5 search engine history, review an applicant’s social media accounts for
6 the previous three years and search engine history for the previous year
7 and investigate an applicant’s posts or searches related to (i) commonly
8 known profane slurs or biased language used to describe the race, color,
9 national origin, ancestry, gender, religion, religious practice, age,
10 disability or sexual orientation of a person; (ii) threatening the
11 health or safety of another person; (iii) an act of terrorism; or (iv)
12 any other issue deemed necessary by the investigating officer. For the
13 purposes of this subdivision, “social media accounts” shall only include
14 Facebook, Snapchat, Twitter and Instagram, and “search engine” shall
15 only include Google, Yahoo and Bing.

I’ll just get this part out of the way, so I can move on to the real problems (not that this isn’t pretty bad): “[K]nown profane slurs or biased language;” also known as protected speech, unless it involves a direct threat, or actual slander/libel. I see 1st Amendment issues if they deny a licensed based on protected speech they don’t like. Especially if they don’t know what “niggardly” means.

It’s almost as if Sen. Parker set out to shred the 1st Amendment, as well as the 2nd.

Now, as to how they would check for bad-think… We don’t know. This bill says what, but doesn’t specify the process, the how.

obtaining the applicant’s consent pursuant to subdivision three of this section, and obtaining any log-in name, password or other means for accessing a personal account, service, or electronic communications device necessary to review such applicant’s social media accounts and search engine history…

You have to give them your usernames and passwords. Not just for your social media accounts, but to your phone and/or computer. That’s how they’ll be able to see your browser search history. When you hand over your phone and computer; as that’s the only reason they would need the computer logon for themselves.

When you surrender your device, make them sign a receipt with the date and time. Send the state a bill for the time. It may be useful in other ways, too, as you’ll see.

Or your boss’s computer. I can tell from web site logs (I’m an admin for several sites) that a lot of people appear to be using company computers, which matches personal in-office observations over the years. If you’ve been surfing at work, you’ll need to let them search that computer, too. I wonder how companies are going to react to that, what with proprietary files and all.

I see no mention of controls to prevent them playfully scanning through all your directories in search of… oh, financial data, HIPAA-protected medical information, your porn stash, whatever.

But let’s say the thugs are just looking at your iPhone. Is the plan to check search engine history, then hand it back to you? When do they check years of multiple social media posts? Will they use your passwords to login from your phone, or from their own computers?

If they use yours… well, that puts you out-of-pocket for a phone for quite some time. And speaking of time…. air time. Are they going to burn your air time, or provide WiFi at their expense?

I also wonder about “search engine history.” Do they differentiate between that and browser history? When checking referral search terms, I see a lot of people entering URLs (“http://www.whatever.com/index2.html”) into the search engine instead of the browser address bar. Do these politicians know the difference, or are they like people I’ve met who said their browser is “Google”?

But either way, will they follow a URL entered into the search engine to see if it really is “profane” or “biased”? What if it turns out to be a URL for a medical appointment schedule, or your online banking account? I think they’ll run afoul of HIPAA again, or federal banking laws.

And if your browser cache is part of the “history” they think is from search engines…

On the other hand, if their techno-probing is that comprehensive, there would be some wonderful opportunities for malicious compliance. If they follow URLs…

One might prepare for the probing by loading up on every Russian malware site on the Internet. If the authorities use your computer/phone for the search, have your java/ad/malware blockers turned off, then sue the hell out of them for rendering your device useless. If they download the history files to their own computer and start browsing, they’ll infect themselves.

Or My Little Pony and brony sites; that might be worse.

All in all, it would safer — for the goons — to use your device. In which case, if your computer skills are up to hacking file properties, and you’re willing to take a chance…

Install an incriminating file — child porn is extremely risky, so you might want to use ISIS videos and bomb-making instructions — with creation/access properties showing it appeared on your device while it was in the goons’ custody (you got that receipt, right?). When you get your device back, “find” it and report that someone was being very naughty with your stuff. Child porn and terrorism can fall within the feds’ purview, so report this unlawful activity by NY cops to the FBI.

And watch the great state of New York try to explain it.

Depending on how they pull the history data from your device, other options might be available. It would be a darned shame if they plugged into a USB port and sucked everything out of your browser profile folder.

Including all the trojans and worms you thoughtlessly left there.

I could probably monkeywrench without doing anything special. I don’t use Facebook, Snapchat, Instagram, Google, Yahoo or Bing. I can imagine a brain-dead bureaucrat going nuts trying to find them on my device. I don’t like being tracked, so I routinely delete my entire browser history. If they stick to only what’s listed in this bill, all they would see from me is a series of Twitter posts making fun of idiots, including state Senator Parker himself.

No doubt that will be “biased language used to describe his mental disability.” There’s a reason I refuse to live in New York.


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Self Defense notions from a Patriarch

So this last week the Parasha was Vayishlach. This is an exciting portion. It’s when Jacob/Yakov/Israel returns home from his exile working for his crooked uncle Laban. Yakov had fled his brother Esav’s murderous rage after Esav regretted having sold his birthright for a bowl of beans, lentils. Esav didn’t value his birthright in the least. Probably a message in there for those that would pressure Israel to give up land for peace. It never works, because like Esav, they just always want more and don’t keep their end of the bargain. So, Yakov is returning home with his wives, their handmaidens and 12 children, a passel of camels, donkeys, sheep, goats and some servants. Yakov has done well, he is a very successful shepherd. But, he is in a quandary, what will his meeting with his brother be like? Will Esav still want to kill him, or will time have mellowed him. Yakov sends angels to ascertain his intentions. Turns out Esav hasn’t changed a bit. He’s heading towards Yakov with 400 men. Yakov is way outnumbered.

Then Jacob was greatly afraid and distressed (Gen. 32:8)

From Rabbi Lord Jonathan Sacks:

The fear is understandable, but his response contains an enigma. Why the duplication of verbs? What is the difference between fear and distress? To this a Midrash gives a profound answer:

Rabbi Judah bar Ilai said: Are not fear and distress identical? The meaning, however, is that “he was afraid” that he might be killed; “he was distressed” that he might kill. For Jacob thought: If he prevails against me, will he not kill me; while if I prevail against him, will I not kill him? That is the meaning of “he was afraid” – lest he should be killed; “and distressed” – lest he should kill.

And this brings us to self-defense.

One might argue that Jacob should surely not be distressed about the possibility of killing Esau, for there is an explicit rule: “If someone comes to kill you, forestall it by killing him.” Nonetheless, Jacob did have qualms, fearing that in the course of the fight he might kill some of Esau’s men, who were not themselves intent on killing him but merely on fighting his men. And even though Esau’s men were pursuing Jacob’s men, and every person has the right to save the life of the pursued at the cost of the life of the pursuer, nonetheless there is a condition: “If the pursued could have been saved by maiming a limb of the pursuer, but instead the rescuer killed the pursuer, the rescuer is liable to capital punishment on that account.” Hence Jacob feared that, in the confusion of battle, he might kill some of Esau’s men when he might have restrained them by merely inflicting injury on them.

Self defense is very definitely a Jewish concept, but unlike his brother Esav who delights in it, Yakov will do so if required, but he wants to avoid it. The taking of a life is not something to be done lightly. So what did he do to try to prevent needless loss of life?

He had a three pronged approach. Prayer, he threw himself on G-d’s mercy, he sent lavish tribute female and male goats, sheep, donkeys, camels all with the proper proportion for the most effective breeding program. Sort of a gift that keeps on giving. But then he prepared for battle. He divided his people into camps, his thinking was that if one camp was attacked the other might escape. Then he had the children with each of their mothers. Yakov knew the four women would fight for their children, so he left the children with their mothers, then he placed himself in front of them. Esav would have to go through Yakov to get to his family.

I’ve heard the opinion that if Yakov had really trusted G-d there would have been none of this battle preparation business. He would have just gone and met his brother. I don’t agree with this opinion. I think people are people and they have plans of their own. Plans I may not appreciate or agree with. I think if their plans concern me, I want a say in how they turn out. As Esav’s plans would have included Yakov’s family, I figure he felt the same way. There are cemeteries with those that refused to believe anything bad would happen to them. I’ve heard that there were Jews in the Warsaw ghetto that refused the chance to escape because they didn’t really think the nazis wanted to annihilate them, and perhaps, because they expected a miracle. I heard Rabbi Tovia Singer say in a lecture that while the Jewish nation will always be preserved, that promise does not extend to individuals. I’ve also heard it said that when you pray for help, you usually have to do something, expend some kind of effort for him to have something to help you with. And so, Yakov had his three pronged approach, which ultimately was successful. There was no battle between brothers, only a brotherly meeting, with quite possibly temporary brotherly feelings judging from Yakov’s refusal of Esav’s offer to escort them. It’s like having a black snake to guard your chicken house from mice. Yeah….the snake may eat the mice, but more than likely it is eating the chicken eggs, and/or baby chicks. I’ll pass, and Yakov did as well.

Yakov and concealed carry holders face a moral dilemma. More from Rabbi Lord Jonathan Sacks.

Moral dilemmas are situations in which doing the right thing is not the end of the matter. The conflict may be inherently tragic. Jacob, in this parsha, finds himself trapped in such a conflict: on the one hand, he ought not allow himself to be killed; on the other, he ought not kill someone else; but he must do one or the other. The fact that one principle (self-defence) overrides another (the prohibition against killing) does not mean that, faced with such a choice, he is without qualms, especially given the fact that Esau is his twin brother. Despite their differences, they grew up together. They were kin. This intensifies the dilemma yet more. Sometimes being moral means that one experiences distress at having to make such a choice. Doing the right thing may mean that one does not feel remorse or guilt, but one still feels regret or grief about the action that needs to be taken.

Even people of great faith, realize that there is a time to “Praise the L-rd and pass the ammunition”.

There is nothing about being prepared with a gun, a concealed carry endorsement if your state requires it, that says you don’t believe that G-d can and will keep you safe. We have fire extinguishers and spare tires, right? We have generators for bad weather, and carry an umbrella. The right tool for the right time.

That I think, is one of the things about concealed carry holders that leftists, politicians and the #FakeNews (sometimes one in the same) don’t understand about “gun nuts”. We are not anxious to kill, we don’t want to do that. What we do want is for us and our families to be safe.

Heat seeking bullets, who knew? Did BassPro have these listed in the Black Friday flier?

Self defense is not a spur of the minute deal. We put thought into what gun, training tactics, classes and tests to be able to live as free citizens. Just like Yakov had his three pronged approach for meeting Esav, we too plan our defenses.

These mixed feelings were born thousands of years earlier, when Jacob, father of the Jewish people, experienced not only the physical fear of defeat but the moral distress of victory. Only those who are capable of feeling both, can defend their bodies without endangering their souls.

Because like Yakov facing Esav, there can be bigger, stronger, mightier evil that hates us.

Elected Moonbat Swalwell
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Another Country Heard From: Mere Suggestions

On the one hand, you might think this is good news for NY staters.

Some NY agencies to stop enforcing gun law
When the SAFE Act became law, it emerged as one of the most controversial pieces of legislation on the books in New York.
[…]
In Erie County, including in Buffalo, people kept getting charged with a crime under that part of the law even though federal judges had struck it down.
[…]
Those defendants will soon see those charges dropped, said Erie County District Attorney John J. Flynn.

And in the future, that charge will no longer be prosecuted in the county under his administration, according to Flynn.

Charges dismissed. Excellent.

On the other hand, the provision was struck down years ago. Why were they enforcing it at all?

On the gripping hand…

Rulings from federal courts below the U.S. Supreme Court ARE NOT BINDING ON STATE AGENCIES, so the 2013 and 2015 rulings on this part of the SAFE Act amount to MERE SUGGESTIONS, according to Flynn. It is up to individual county district attorneys to decide whether they will abide by the rulings of federal judges, he said.

Federal court rulings are not binding? Since when?

It isn’t like he’s in one federal court district, and the ruling came down from the other district. The ruling against the magazine limit (7 rounds in a 10-round magazine) was upheld by the 2nd Circuit of the United States Court of Appeals. the 2nd Circuit covers the entire state, not to mention Connecticut and Vermont.

Yes, rulings are binding, if we still have a system of law, if New York (and Erie County) are still part of the United States of America.

It’s… nice that Flynn decided to obey the court. This time. But I’m deeply troubled by a district attorney who thinks it’s optional. Not according to the Constitution, Article III, Section 1.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

And Section 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

States do not get to pick and choose with which “suggestions” they feel like complying. For instance, if the folks convicted under that unconstitutional provision were to sue in federal court for deprivation of rights under color of law, and win, Flynn doesn’t get to say, “Nah. We ain’t paying up. The Constitution doesn’t apply to us.”

Unless he’s acknowledging that he has seceded from the Union. Perhaps Flynn sees federal taxes as optional as well.


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Nuke us till we glow, and shoot us in the dark?

With the Democrats winning a House majority, we have been warned to expect a lot of gun control laws, with firearms bans topping their evil wishlist. Back in May, the psychotic Rep. Swalwell [D-CA] penned an op-ed, giving us a heads-up on their intent.

Instead, we should ban possession of military-style semiautomatic assault weapons, we should buy back such weapons from all who choose to abide by the law, and we should criminally prosecute any who choose to defy it by keeping their weapons. The ban would not apply to law enforcement agencies or shooting clubs.

My response at the time was an email asking how he planned to enforce his totalitarian wetdream. He declined to explain.

Now we know. While Alison Airies was satisfied with stop & frisk, followed up with summary public execution, Swalwell is willing to go a bit farther.

For some reason, that May column started making the rounds again, folks apparently thinking it was published last week.

Joe Briggs tweeted an observation regarding the consequences of the ban.

So basically @RepSwalwell wants a war. Because that’s what you would get. You’re outta your fucking mind if you think I’ll give up my rights and give the gov all the power.

Swalwell, war criminal-in-waiting, explained how he would manage it.

And it would be a short war my friend. The government has nukes. Too many of them. But they’re legit. I’m sure if we talked we could find common ground to protect our families and communities.

By Friday afternoon, the nutjob was backtracking.

Joe, it’s sarcasm. He said he’s going to war with America if gun legislation was passed. I told him his government has nukes. God forbid we use sarcasm

No; Briggs said Swalwell’s attempt to massively violate the human/civil rights of tens of millions of Americans would spark a war, one started by the government. Which it would. Swalwell replied with the threat of overwhelming military force against civilians, demonstrating another bit of profound ignorance about other laws he’d have to change.

Sarcasm would be something along the lines of, “Well gee; everyone knows all the evil gun owners will meekly surrender their expensive property to the police state, so force won’t required.” Or, as he tweeted later:

But you seem like a reasonable person. If an assault weapons ban happens, I’m sure you’ll follow law.

That’s sarcasm. The threat of military force was not sarcasm. That was an explicit threat against innocent civilians.

Swalwell is unhinged. He is mentally ill. He has posted a threat more serious than those incriminating social media posts of recent mass shooters. He should be removed from office, and involuntarily committed as a danger to others.

It’s worth noting that this nuke-threatening politician is considering a Presidential run in 2020, potentially giving him access to the nuclear football.


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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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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Turns out there is such a thing as a stupid question.

Toledo, Ohio Mayor Wade Kapszukiewicz is riding his gun control hobbyhorse. This time, he’s hoping to use the imaginary economic clout of Toledo (74th largest city in the United States) to force firearms manufacturers to…

I’m not sure what. But he’s going to ask manufacturers which want to do business from whom Toledo wants to buy stuff a few questions as a condition of doing business. Seemingly, wrong answers will result in the city turning down manufacurers begging the small city to buy stuff hysterical laughter from companies which don’t need their business.

I have a few suggested answers to Kapszukiewicz’s questions, for properly motivated manufacturers.

Do you manufacture assault weapons for civilian use?

No. Ohio has no definition of “assault weapon” to put that in context, and there is no other standardized definition. Where there is a state ban on defined assault weapons, we don’t manufacture them for civilians there, because it would be illegal.

Do you sell assault weapons for civilian use?

No. No. (Ohio has no definition of “assault weapon” to put that in context, and there is no other standardized definition. Where there is a state ban on defined assault weapons, we don’t sell them to civilians there, because it would be illegal.

Which firearms does your company agree to not sell to civilians?

Agree? Which ones are you asking us not to sell? We already don’t sell machineguns to civilians, since that’s been law for 32 years. You had something else in mind?

Do you require your dealers to conduct background checks?

No. We found that us requiring background checks is redundant, since federal law already requires dealers to conduct background checks, and has done so for decades.

Does your company have a plan in place to invest in gun- and ammunition-tracing technologies?

We have a firearm tracing system in place. It’s called serial numbers and inventory control, as required by federal law for a long time. We do not manufacture ammunition, so tracing it would be impossible for us.

Do you use, at a minimum, industry best practices for inventory control and transactions?

Yes. It is and has been required by federal law for 50 years.

Ask a stupid question, get schooled.


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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King County Customer Service

In Washington state, some anti-gun busybodies have taken it upon themselves to force firearms dealers to post signs warning how “terrible” their products are.

King County to require warning signs at gun shops and ranges
The signs say the presence of a firearm in the home increases the risk of suicide, homicide and unintentional deaths to children.

Specifically, the signs must read:

“WARNING: The presence of a firearm in the home significantly increases the risk of suicide, homicide, death during domestic violence disputes and unintentional deaths to children, household members and others.”

Oh dear, we wouldn’t want people committing sui… wait.

Washington legalized assisted suicide. But you have use drugs obtained through a doctor. I guess the medical/pharmaceutical industry simply doesn’t want the competition. Can’t have tax-payers checking out without enriching the medical-industrial complex, I suppose.

King County gun stores should assist visitors by directing them to the proper shop. I suggest taping this sign to the bottom of the mandated “warning” signs.

I wonder if King County requires doctors and pharmacists to post warnings about the lethal dangers of their own products. I see to recall hearing something about an “opioid epidemic”


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H.R. 7115 “The Instant Felony Hobby Act”

And so much more. Officially, the short title for this mess is “3–D Firearms Prohibitions Act,” but I stand by my version.

(a) Banned hazardous products.—Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the following shall be considered banned hazardous products under section 8 of such Act (15 U.S.C. 2057):

(1) A firearm receiver casting or firearm receiver blank or unfinished handgun frame that—

(A) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code; and

(B) after purchase by a consumer, can be completed by the consumer to the point at which such casting or blank functions as a firearm frame or receiver for a semiautomatic assault weapon or machinegun or the frame of a handgun.

(2) An assault weapon parts kit.

(3) A machinegun parts kit.

That’s pretty straightforward. Note that it isn’t limited to 80% receivers. It’s any blank or casting, before any machining.

But this is odd:

SEC. 3. Prohibition of advertising do-it-yourself assault weapons.

(a) In general.—It shall be unlawful to market or advertise, on any medium of electronic communications, including over the Internet, for the sale of any of the following:

And it’s the same list. Apparently newspaper and magazine ads are still acceptable. For hazardous materials?

But “SEC. 4. Requirement that homemade firearms have serial numbers.” I’ll start with (c)(1)(A).

It shall be unlawful for any person, in or affecting interstate or foreign commerce, to make a firearm, unless the person has obtained a serial number and identifying mark for the firearm under this section.

So you can’t even start construction until you have a registered and tracked serial number; rather like building your own legal suppressor. But (c)(3) is worse.

BAN ON POSSESSION OR TRANSFER OF FIREARM WITHOUT SERIAL NUMBER.—It shall be unlawful for any person, in or affecting interstate or foreign commerce, to possess or transfer a firearm made after 1968 by a person who is not a licensed manufacturer, unless—

“(A) a serial number and identifying mark for the firearm has been issued under this section;

Remember, you can’t have a casting or blank, because it’s a “hazardous material.” You can’t build until you get the serial number. But you have to be finished in 10 days; 10 days to do a casting, machining a block of metal into a blank, or printing a receiver, finishing it, and affixing the serial number. Ten days. And grandfathering only covers pre-1986 hobbyist-built firearms. Because you can’t possess the old serialized firearm, it’s illegal before you could even apply for a serial number.

And then there’s SEC. 5. Definitions.

A “semiautomatic assault weapon” is any semiauto rifle or shotgun with any feed device other than .22 rimfire tube magazines. It includes anything using magazines, belts, drums, stripped clips, en bloc clips, and so on.

Dad’s old Browning hunting rifle is now an assault weapon.

As are semiauto pistols with any one of the usual arbitrary secondary characteristics: mag well not in the grip (there goes your broomhandle Mauser C96), threaded barrel (even if nother is threaded onto it), a second grip, weighs more than 50 ounces.

Any other semiauto pistol that’s otherwise compliant is still an assault weapon if it can be deemed to be a semiauto version of an automatic firearm (think CZ Scorpion EVO, or AK and AR pistol variants).

If you already have a home-built firearm, you’d have to destroy it before this goes into effect, because it’s impossible to get a compliant serial number. Any future home builds will be registered to you.


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Savage Ignorance Part 1

Beretta92FS
1911A1
Glock 19 Gen 4

Recently I had occasion to patronize several commercial establishments including an apartment complex. Displayed on the glass entry door of each was the international symbol for “No,” a red circle bisected by a diagonal line. Centered in each was a handgun; Beretta 92FS in the first, 1911A1, possibly a Colt, in the second, and a Glock 19, Gen 4 in the third. I thought; thank G-d for Smith & Wesson. Why do those responsible for malls, schools, stores, apartments, and venues open to the public believe posting these stickers deters those bent on violent behavior? Criminals, by behavior and definition, exist outside the law and if legal prohibitions against them possessing firearms provide no dissuasion, a decal surely won’t. Instead they disarm the law-abiding, the only ones already on the scene capable of halting violent crime and mass shootings.

Webster’s Dictionary (a virginal source of information for today’s public school students) define Straw Man as: “a weak or imaginary opposition (as an argument or adversary) set up to be easily confuted (overwhelm in argument, refute conclusively).”1 Talk show host and baron of bombast Michael Savage knows something about Strawmen. Recently he launched a series of attacks on the 2nd Amendment, specifically semiautomatic rifles as well as their owners. His wild assertions were an army of scarecrows so stuffed with combustible straw, one dared draw nigh with matches at his own risk. When anyone says; “I own guns” or “I’m a big supporter of the 2nd Amendment” followed by a “but,” they don’t. They’re lying. It’s a trick to seize the intellectual and moral high ground thereby casting those in disagreement as extremists. Savage case in point. He began each show declaring support for the 2nd Amendment followed by an angry frothing at the mouth denunciation of firearms owners and notions of self-defense. In so doing, he promoted arguments undercutting the very amendment he purports to defend. Hay crammed in his Strawmen must have been plucked from the field of contradiction.

Savage’s first broadside came the day after the Las Vegas, Nevada Mandalay Bay Hotel mass shooting. He said he was a gun owner, big supporter of the 2nd Amendment, and to have given a “fortune” to the NRA apparently believing by brandishing such credentials he was immunized against critique. Savage asked if Americans should be able (allowed) to own “military grade weapons” and “assault rifles,” terms left undefined. He asked; should a man in therapy and on medication for mental problems be allowed to own a gun? If concealed carry was legal, how could armed citizens have stopped the killer’s rampage Savage demanded to know. In mocking tones he added; “Gun-slingers will say that. No matter what you hold in your pocket, you couldn’t have defended yourself. Fallacious argument. All you John Wayne’s with concealed carry on your mind, put it aside. You’d have gone down like ten pins.” He asked why anyone “needed” an “automatic weapon” declaring there needs to be “limits.” Should people be “allowed” to own a Howitzer, Russian tank, or bazooka? No one “needs” a semiautomatic rifle to defend their house, Savage continued, saying a shotgun was much better in that role. “The whole idea you’re going to get a semiautomatic rifle to hold off an army, come on. Stop the BS. If someone breaks into your house all you’ll have time to grab in the dark is a shotgun and an automatic pistol, not a semiautomatic rifle. Unless you keep a semiautomatic weapon fully loaded, and in your bedroom, it’s not going to do you any good. And if you do keep one, you’re crazy. If you keep a semiautomatic rifle next to your bed cocked and locked and ready to fire, you’re a sicko.” He then mocked Mandalay survivors who said they were no longer atheists. Next he attacked unnamed conservative talk-show radio hosts who, after Mandalay Bay, still opposed new gun control laws and regulations, yelling into the microphone; “You bunch of John Wayne’s!” He accused them of calling people like him, now supporting stricter new gun control laws; “lousy communist Progressives” adding in sneering tones; “No one wants to seize your guns otherwise it would have happened during the Obama years.” He asked how the killer had obtained “machine guns” because “they’re illegal” reminding listeners he wasn’t new to the gun control debate and had been on his high school rifle team. He asked if every psycho in the nation should own machine guns. “Did you know machine guns are legal in Nevada?” Savage continued. “But of course, fully automatic rifles are illegal.” What? Come again. Continuing in mocking tones, he asked who “needed” a fifty round drum magazine. “They should be illegal!” He shouted. “I argued this before. When I asked callers why they ‘needed’ one, they said to hold off the U.S. government which is against the private ownership of firearms.”2

Savage continued his assault on the 2nd Amendment the following day floating hysterical conspiracy theories attacking the Las Vegas Police for taking too long to assault the killer’s hotel room. Once again he reminded listeners he was a gun owner, “passed all the tests,” and gave money to the NRA therefore his calls for new gun bans had to be reasonable. Again he asked if the right to keep and bear arms included hand grenades, bazookas, used Russian tanks, and half-tracks asking; “Should there be limits on the right to keep and bear arms? What do you mean saying the 2nd Amendment ‘permits’ you to have any number of machine guns? Does this mean you can own two hundred machine guns, that every man should be able to have an arsenal in his basement? I can see having weapons to defend yourself but does that mean an entire arsenal? Why not RPGs and flame throwers? I don’t think the 2nd Amendment goes far enough” he continued in sarcastic tones. “I think we should be allowed to have flame throwers for that evil government that may arise any moment now. We should be able to have flame throwers.” During Savage’s shows, he insisted on calling magazines “clips” and using the terms semi and fully automatic rifles interchangeably.3 He entertained, as experts, numerous callers claiming because they had been in Vietnam, they knew precisely what weapons the suspect used (opinions subsequently contradicted by the FBI). Many voices sounded too tender to have been alive let alone old enough to have served in Vietnam. Once again he labeled anyone holding contrary views as “John Wayne’s” and “right- wingers” promising to hang up on them if they called his show. Savage concluded by attacking the Las Vegas Police, again, and blaming mass shootings on prescription drugs and the “proliferation of guns.”4

Savage’s claims and Straw Man arguments are wrong on so many levels, space and sufficient matches probably don’t exist to address them all. His oft repeated claim to be a firearms authority, supporter of the 2nd Amendment, and NRA backer is artifice, a trick as noted, to prevent debate to the contrary.

As to the efficacy of concealed firearms with respect to the Mandalay massacre, handguns are designed for self-defense at personal distances not against someone shooting rifles from the 32nd floor of a hotel window hundreds of yards away. Savage’s attempt to undermine concealed carry by judging its validity against situations for which it was never intended is a fallacious straw man argument a practice he accuses critics of employing. Does he really know what he’s talking about?

Doctors don’t use the terms bacterial and viral infection interchangeably. Weight lifters know the difference between dumb and barbells. Authorities on any subject use proper terminology. Improper use exposes pretenders, poseurs, and frauds. For example, in Stephen King’s novel Salem’s Lot, his policeman character checks his .38 special revolver to ensure the “safety is on.”5 A kid in his novel IT, warns another kid to be careful with his dad’s pistol, a Walther PPK, because it has “no safety.”6 In the movie The Fast And The Furious, Vin Diesel’s character Dominic Torretto tells Paul Walker that his dad’s 1970 Dodge Charger’s engine had so much torque, it twisted the “chassis” coming off the line.7 As a Deputy Sheriff and later policeman in the 1970s and 80’s, I carried and or shot Ruger, Smith & Wesson, and Colt revolvers in .38 special and .357 magnum. None, nor those on revolvers of colleagues, had a “safety.” I’ve also shot a variety of PPKs from Walther and Manurhin and their clones from FEG to Bersa and each had de-cocker safeties. Except for the Imperial (1965), Chrysler abandoned the chassis in favor of a uni-body frame, (1960-1961), which my 68’ Charger has, exposing The Fast And The Furious’s writers to be automotive ignoramuses. In like fashion, Savage insisted on referring to drums and other magazines feeding semiautomatic pistols and rifles as “clips” and conflated “assault weapons, assault rifle, semiautomatic rifle,” and “machine gun” as interchangeable terms, one and the same over and over.

A “clip” holds individual cartridges, “has no spring and does not feed shells directly into the chamber. Clips hold cartridges in the correct sequence for ‘charging’ a specific firearm’s [fixed] magazine.”8 A magazine holds rounds in a box, separate from the firearm for the weapons under discussion. Examples of clip “fed” firearms would include the Russian Mosin-Nagant 91/30 and American M1 Garand of W.W. II fame as well as the postwar Soviet SKS. Cold War weapons like the Soviet AK-47, U.S. M14, and later M16, are magazine fed. No such category of “assault weapon” exists for firearms. Any object that can be used to hurt another; flyswatter, umbrella, coat-hanger, or kitchen counter hardened wedge of cornbread is an assault weapon. The term “assault-weapon” was invented by liberals to frighten non-gun owners into believing your AR15 is identical to an M16 and that AKs and Mini-14s are full-automatic machine guns. Repeat after me; “The other side lies.” Editor of Jane’s Military Publications and firearms expert Charlie Cutshaw writes there are firearms categorized as “assault-rifles” but to be so classified they must be “shoulder-fired,” capable of fully automatic fire,” and chambered in a caliber intermediate “between pistol (or revolver) and rifle ammunition.”9 Some have a device allowing operators to switch from semiautomatic to full-automatic fire and back again. Commercial AK47s, AR15s, Mini-14s, and similar families of rifles don’t have this capability. Their triggers must be pulled, one at a time, for each round fired hence they are not “assault rifles” but “semiautomatic rifles” and “carbines.” “Machine guns” are typically heavy and tripod mounted, with hand held versions called “submachine guns,” and are capable of full automatic fire, emptying a magazine with a single pull of the trigger.10 Consistent misuse of terminology indicates Savage is grossly ignorant and misinformed, flagrantly dishonest, or both. He has no credibility.

No one wants to take your guns is the mantra of people, who, in the same breath, call for “assault weapons” (sic) and “high-capacity” (sic) bans. Time and again Liberals from anti-2nd Amendment organizations to Barack Obama and Hillary Clinton have said no one wants to take your guns and then promote Australian gun control which did just that. They are either stupid or brilliantly cunning. Perhaps dangerously naïve, I have never called liberals stupid because they’re not. Recall that U.S. District Judge Catherine C. Blake essentially resurrected the “sporting purpose” standard in upholding Maryland’s ban on AK and AR rifles mislabeling them “assault rifles” asserting they are not commonly used for lawful purposes including home defense.11 Liberals claiming; no one wants to confiscate guns, followed by proposals to ban AR, AK, and similar rifles, sounds contradictory until one understands their two pronged “trick”; the first is how they define “gun.”12 Confiscationists define “gun” in general as a firearm possessing a long established sporting purpose commonly used for hunting, trap and skeet shooting, and target competition at ranges and with no military analogue.13 This would exclude ARs, AKs, FN-FALs, and so forth. The second part of their trick is to convince the non-gun owning pubic there is no difference between full and semiautomatic firearms. Obama and others said time and again, AR15s, AKs, their derivatives, and similar rifles are military weapons that belong on battlefields, not our streets. It would not be confiscation, they argue, to return military weapons in civilian hands back to the U.S. Military where they belong.14 The only way to do this is through a ban on “civilian” possession of semiautomatic rifles and confiscate them as did Australia and England, and incrementally in California. How can Savage, living in Marin County, California, one of the most liberally infected in the galaxy, deny confiscation is not the liberal’s end game? He lies.

Like Judge Blake, Savage’s claim no one uses and no “cop” would recommend using an AR15 for home defense because they are such a poor choice, is pure buffoonery from one who has lived for too many years behind the Bay Area’s Tofu Curtain.15 Breathlessly, about to reveal a secret, Savage said his listeners, had never heard or been “told this” but one of the reasons AR15s are such poor choices is because the .223 round goes through walls. Shotguns and pistols are better because their rounds don’t. On the contrary, “More Americans than ever are relying on AR15s for home defense. Not only is an AR easier to shoot more accurately than a handgun—thanks to its additional points of contact with the body (cheek weld, shoulder mount, and two hands)—[and longer sight radius]—on AR rifles chambered in .223/Rem/5.56 NATO, produces superior terminal performance, and penetrates less when compared to the typical handgun.”16 An AR is harder to grab in the dark than a pistol or shotgun, Michael? Why is that? People have been attaching optics and lights to ARs for decades. A cocked and locked rifle makes one a “psycho” Michael?17 Employing his unloaded pistols and shotguns without lights against intruders beggars the question as to whose sanity should be in question. His rhetorical cant; “who needs” this or that firearm or “high capacity clips” and that the 2nd Amendment doesn’t allow possession of bazookas, hand grenades, and Russian tanks is a fallacious Straw Man argument to set the stage for infringements against the 2nd Amendment.

Savage is ignorant of or intentionally misrepresents the 2nd Amendment’s meaning. It grants no rights including to own anything. Rather, it recognizes an individual right to self-defense, to keep and bear arms, and establishes prohibitions against any government infringement on this right. The Declaration of Independence establishes it as a G-d-given right belonging to every individual inherent in their humanity whether government exists or not. It is inalienable and off-limits to a majority vote by one’s neighbors, act of government, or fashionable whim of the times. Rights cannot be modified, regulated, licensed, or infringed upon by government otherwise they would be called privileges.18 Inherent in the right of self-defense is the means by which one exercises it. To answer Savage’s “need” question, rights are not dependent upon a utilitarian need standard which, at best, is arbitrary, subject to popular opinion, or manipulated and controlled by those in power. Were this not so, government could raise the bar to demonstrate “need” so high, it becomes insurmountable thus rendering the right de facto abolished. Employing Savage’s Straw Manneed” standard to firearms ownership would subordinate it to ephemeral notions of “the common good, the good of the whole,” or “the greater good.”19 How long before it became extinguished? Ask Britons. By suggesting the 2nd Amendment regulates bazookas, half-tracks, Russian tanks, and grenades, therefore rifles can be regulated as well, is hay falling from massive gaps in Savage’s last Straw Man. Matches please.

Half-tracks and used Russian tanks are not firearms hence are regulated by other laws not the 2nd Amendment which applies to weapons citizen soldiers would keep and bear. Bazookas were the technological equivalent of shoulder fired canons, used against tanks, and grenades are sort of like exploding cannon balls. None of these are proper analogues to firearms. These are fallacious and false arguments employed by the deceitful to trick the unwary into surrendering bits and pieces of their 2nd Amendment rights until all of them are gone. This explains why Savage banned calls from those who knew what they were talking about in favor of kooks, conspiratorialists, the deluded, and poseurs.

11 Frederick C. Mish, Editor-in-Chief, Webster’s Ninth New Collegiate Dictionary (Springfield, Massachusetts, Merriam-Webster, Inc., Publishers, 1985), 1165, 276.

22 Michael Savage, The Savage Nation, broadcast 2 October, 2017.

33 IBID. 2 October, 2017.

44 Michael Savage, The Savage Nation, broadcast 4, 5, and 6 October, 2017.

55 Stephen King, Salem’s Lot (New York, N.Y., A Signet Book, New American Library, 1975), 317.

66 Stephen King, It (New York, N.Y., A Signet Book, New American Library, 1986), 353. With eleven years between publication, King still couldn’t get it right.

77 Universal Studios, The Fast And The Furious, 2001.

88 Kyle Wintersteen, “9 Most Misused Gun Terms,” Guns & Ammo, online, 21 November 2016 at http://www.gunsandammo.com.

99 Todd Woodward, “Down Range: Assault Weapons ‘Hoo-Hah,” Gun Tests 11 (November 2004) 2.

1010 U.S. Bureau of Alcohol, Tobacco, and Firearms, at http://www.aft.gov/firearms.

1111 Jeff Knox, “Judge Says Maryland Ugly Gun Ban is Ok,” 13 August 2014, at http://www.FirearmsCoalition.org. See also; Michael Dorstewitz, “Judge Rules AR-15s are not covered under Constitution and are dangerous and unusual,” Liberty Unyielding at http://libertyunyielding.com/2014/08/13/judge-rules-ar-15s-not-covered-constitution-dangerous-unusual/#XErDCz10jgxiDG81.99.

1313 Richard Stevens, “Nazi Strategy Summed Up In 2 Words, Sporting Purpose,” 7 April, 1988, Jews For the Preservation of Firearms Ownership, at http://jpfo.org/filegen/-n-z-/nazirot.htm.

1515 I should know, I lived there for ten years.

1616 Richard Nance, “Your AR15 ASAP: Hornady’s Rapid Safe Wall Lock and Gunlock Provide a Safe Storage Solution for Quick Access in the Home,” Guns & Ammo 10 (October 2017), 76.

1717 Expanding what constitutes “mental illness” and “mental instability” is very popular on the Left who will use such determinations to expand individuals prohibited from owning firearms. Can thought-crimes be far behind?

1818 Ronald J. Pestritto, Woodrow Wilson and the Roots of Modern Liberalism (Lanham, Maryland, Rowman & Littlefield, Publishers, Inc., 2005), 3-6. See also; Gary T. Amos, Defending the Declaration (Brentwood, Tennessee, Wolgemuth & Hyatt, Publishers, Inc., 1989), 127-129.

1919 Jeff Snyder, A Nation of Cowards (St. Louis, Missouri, Accurate Press, 2001), 119-121.

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Monkeywrenching the Democrats’ gun control agenda in the House

The Democrats will have control of the House next year. Which is bad news since they plan to push hard for more gun control rights-violations. Since they don’t control the Senate, we can hope those allegedly pro-gun folks there will locate their metaphorical testicles and prevent any of that from actually passing and going to a “pro-gun” President who is on record approving bans, preemptively-prove-your-innocence, no-due process, and bans.

Gridlock is our current best hope. I know a way to ensure that. We need just the right Speaker of the House. I propose…

Speaker of the House Hank Johnson, Jr. [D-GA]

Guam, midgets, helium, white uniforms, quarters, bathrooms, “a world without balloons”…

He’s a Dem. Check.
He’s anti-2A. Check.
He’s a crazed left-winger. Check.
He isn’t Pelosi. Check.

The House Dems should be happy to vote for him.

The Republicans… Face it, guys; your agendas aren’t going anywhere in the face of a Dem majority, but you still have a chance to sabotage them. And have a lot of fun with it.

So please, contact your House representatives and ask them to nominate, or at least support, Hank Johnson for Speaker of the House. We Want Hank!


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Lax Gun Laws, or Lax Research Standards?

If you keep up with firearms-related news, you may have seen this report:

Lax state gun laws linked to more child, teen gun deaths, Stanford study finds
Compared with U.S. states with the strictest gun control legislation, gun deaths among children and teenagers are twice as common in states with the most lax gun laws, a study from the Stanford University School of Medicine has found.

This is just a press release; how accurately it presents the research is anyone’s guess. I requested a copy of the paper, but at this time all that is available is a one-page abstract without details which will presumably be presented on November 5, 2018. For now, assume the release is good.

Which means the research is not. I see a few major problems with it.

Chao’s team used 2014 and 2015 data on firearm deaths of individuals 0 to 19 years old from the National Vital Statistics System, which is maintained by the Centers for Disease Control’s National Center for Health Statistics. About 2,715 children died of firearm injuries each year. Of those deaths, 62.1 percent were homicides, 31.4 percent were suicides and the remaining deaths were accidental, of undetermined intent or the result of legal interventions.

If you are studying the effects of laws on children, it behooves you to use the legal definition of child. 18 U.S. Code § 2256 defines “child” as a person under the age of 18.

That matters, because 18-19 year-olds can lawfully possess firearms. If an adult wants to take his lawfully owned, securely stored firearm out and do something stupid, he can.

Why include adults in a study of children? I suspect they did it for two reasons: Partly because these are pediatrics specialists who generally (if foolishly) lump together everyone from zero to twenty-one. I say “foolishly,” because any nurse will tell you that using the same drug regime — just for example — on a 21yo adult and a prepubescent boy is asking for trouble.

But mostly I think they did it to get scary numbers for “child” gun deaths.

About 2,715 children died of firearm injuries each year.

According to WISQARS, for the years 2014 and 2015 (the years examined by the study), the numbers for 0-19 were 2,548 and 2,824, respectively. An average of 2,686 which is fairly close to the PR claim.

Ah, but actual children; that’s another story altogether; 1,330 and 1,458, respectively, for 0-17yo. That’s lower by 1,218 and 1,366. By adding in adults, they the scary numbers by thousands of “child” deaths, which is far more impressive to the gullible.

Adults who could possess their own guns and bypass “safe storage” at will.

If that’s who caused the deaths. This is a statistical correlation between the age of decedents and laws. It doesn’t address the age of the perpetrators, except in the case of suicide. Were the murders — a majority of the deaths — committed by adults who could lawfully bypass “child access protection laws” with their own guns?

Moving on…

The researchers examined the firearm laws of all 50 states.
[…]
Analyses of the relationship between gun deaths and gun laws were controlled for many socioeconomic and demographic factors, including unemployment rates, poverty, urbanization, alcohol dependence, tobacco and marijuana use, and high school graduation rates. The analyses also accounted for the strictness of gun laws in each state’s neighboring states and the number of registered firearms per 100,000 children in each state.

That’s a neat trick remarkable accomplishment, since only nine states have any form of firearms registration at all. Only a handful attempt to register all firearms, some only register handgun sales by licensed dealers and do not track them over the firearm’s life cycle.

How did they derive a registered firearm rate for 41 states that have no registration whatsoever? And more that only track — sometimes partially — handguns?

That firearm life cycle is important, too. Which brings us to another problem.

The researchers used the years 2014 and 2015 for their study, presumably because that is the last year for which they could find a Brady Scorecard. That presents a snapshot of deaths at the time specific gun control laws were in effect. And that means nothing, because it does not examine the laws in effect when (and where) a firearm used in a death was obtained.

We already know that roughly 90% of firearms used in crimes are stolen (which is part of the researchers’ point, since they believe “safe storage” laws will prevent thefts leading to deaths), but when were they stolen? Were those “safe storage” laws in effect at that time?

We don’t know, because the researchers only looked at 2014-2015. But according to the ATF the average time-to-crime (from when the firearm is lawfully sold until it is used in a crime) is more than a decade.

The researchers need to examine death rates versus laws over a long period to look for pre- and post-law trends, to see if there is a measurable effect. They would also have to look at the source of the firearms used, to see if the laws were in effect at that location.

In short, a death in gun-controlled California tells you nothing about laws a decade before in another state.

This is a bit nit-picky, but I also have a problem with adjusting the number of deaths for demographic factors. A poor dead person is as dead as a rich dead person. If they wish to examine the effectiveness of laws on poor vs. rich, black vs. white, et cetera, that’s fine and I’d like the see the results. But that’s a separate study, or at least should be presented as a separate set of results.

And a note for whoever drafted the press release…

(The score is named for James Brady, who has advocated for gun control since being permanently disabled in the 1981 assassination attempt on Ronald Reagan.)

“Has advocated since” implies he’s still at it (to the extent that his pre-mortem “activism” largely consisted of being rolled out on display by his wife, Sarah Brady). Brady died more than 4 years ago.

More correctly, the scores were obtained from the “scorecard” issued by the group, National Council to Control Handguns, which was renamed after Brady.


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