Tag Archives: gun-free

Witkin Is Zoned Out

This little piece of witlessness made the rounds last week:

Can zoning laws settle the gun debate?
If there could be a “right” to be free of guns, the logical question is then how it should be asserted. The answer may be in zoning. Because gun rights are tied to personal security, there appears to be room for citizens to exclude guns in their immediate surroundings as one means of protecting themselves.

No.

The is no “right” to be free of guns owned by other people. Your rights do not extend to denying other people’s rights. One can choose to be free of guns by not owning one. One cannot choose to make anyone else not own a gun. You do not have a right to my property.

Because gun rights were tied to personal security, there appears to be room for citizens to exclude guns in their immediate surroundings as one means of protecting themselves.

Witkin cites Heller, and claims that a decision, which specifically ruled against firearms restrictions so onerous as to prevent possession, somehow supports… zoning laws that prevent possession.

For example, zoning at the neighborhood or even block level could allow people to assert a right to be free from guns. Zoning is a policy tool that courts have upheld even when it clashes with the constitutional rights of individuals, such as freedom of expression and the sale of guWill he volunteer to lead the stack in confiscation raids?ns.

And there he cites Teixeira to demonstrate that zoning laws can restrict Second Amendment rights. Wrongly:

The district court’s characterization of residentially-zoned districts” as “sensitive areas” is incongruous with Heller, which assumed that firearms could be restricted in sensitive places “such as schools and government buildings,” specifically in contrast to residences, where firearms could not be prohibited.

It seems unlikely that Witlesskin actually read Teixeira, any more than he read Heller. Teixeira did not uphold the restriction of 2A rights through zoning; it found that zoning which excluded a proposed gun store did not infringe upon a recognized right because there were other stores in the area where firearms could be purchased, and people could still possess firearms. That is the opposite of Witkin’s claim.

I repeat: Heller (and later McDonald) specifically ruled against firearms restrictions so onerous as to prevent possession.

No, you cannot zone away our rights.

Federal courts are pretty consistent in recognizing that one can’t simply wave away constitutional rights. Take a look at Winbigler v. Warren County Housing Authority, in which the plaintiff challenged a public housing lease provision banning firearms possession outright.

The Court hereby permanently enjoins and restrains Defendant WCHA from enforcing the following lease provisions:

5(h): The Resident, the Residents household members and household guests shall not: discharge or use firearms or fireworks, or store explosive or flammatory materials.

18(p): Any termination of this Lease shall be carried out in accordance with U.S. Department of Housing and Urban Development regulations, State and local law, and the terms of this Lease. The Landlord shall not terminate or refuse to renew the Lease other than for serious or repeated violation of material terms of the Lease on the part of the Resident, all members of the Resident’s household and all visitors/guests of the Resident such as the following: Offensive weapons or illegal drugs seized in the Landlord’s unit by a law enforcement officer or to permit any member of the household, a guest, or another person under the Resident’s control to use, possess or have control over firearms (this includes keeping firearms on one’s body, in the dwelling unit, or in a vehicle which the Resident or a member of the Resident’s household as the use of or access to. Firearms are defined as any devices which will propel a projectile with sufficient force to injure, kill, or damage property regardless of whether it does so with an explosive charge, compressed gas, or by other means).

Georgetown University should be ashamed of publishing that ignorant drivel, and more so of the rights-violation advocacy.

You can’t do it. Not by zoning, not by lease, not by HOA restrictions. But ill-informed people like Witkin will keep trying, so let’s move on to the practical problem of enforcement, which he glosses over.

Ideally, enforcement of gun-free zoning laws should be generally light, such as civil forfeiture or forced sale of the firearm, but harsher on violent criminals who possess guns.

Compliance. He, as typically happens, left out the “How”.

Specifically, how Witkin would ensure everyone complied with his gun-free neighborhood laws. How will he locate and seize Grandma’s bedside table revolver? Door to door searches? With a warrant based upon, “Gee, judge; we just need to see if anyone might be breaking our law”? Perhaps he can pass a warrant-free zone law as well.

I wonder if he’s considered the implications of kicking in doors because he thinks the residents are well armed. When California legislators first considered their “assault weapon” ban, the head of the police union declared they’d see the largest outbreak of “blue flu” in history if they had to do door to door searches. Legislators immediately modified their bill.

Does Witkin believe everyone (law-abiding and criminal alike) will meekly turn stuff in? California got a 2.33% compliance rate with just registration. Connecticut thinks they might have gotten 13.44% compliance with their “assault weapon” registration scheme.

How will Witkin bell that cat?

Will he volunteer to lead the stack in confiscation raids?


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Devil’s Advocate

First, I’m not stating my personal position on this subject. I’m presenting some thoughts.

In my “obligatory SHOT Show post,” someone made a comment:

Gun shows that don’t let me carry my legal firearm is not a gun show I support, even the Shot Show.

OK, I do have an opinion; I strongly sympathize with that position. But…

On the one hand, if a show organizer doesn’t trust his customers, why should we trust him, or do business with him? Think boycotts of stores that post their property as gun-free target rich environments. Some show organizers get it.

On the other hand, very often — unlike stores making their own decisions to disarm customers — that choice is not made directly by the organizer. When you’re running a large show, you need a certain amount of space. That limits your choice of venues. If the venues that are large enough (or have sufficient support like power, water, sanitation, Internet access) themselves opt for gun-free target rich environment, what’s the event organizer to do? He can carry on, and maybe lose some boycotters, but serve the majority. Or if enough people boycott, he can lose money and not hold any more shows.

Boycotters might hope that would trickle up: organizer goes elsewhere (or out of business), venue loses revenue due to loss of shows, venue changes gun-free target rich environment policy.

Except, how many venues are that dependent on gun shows for their own continued existence? Especially government-run venues that don’t care because they get taxpayer support anyway. You might think those would be concerned about the loss of sales tax revenues, but you might be wrong; too often the goal is to shut down sales, PERIOD, no matter the claims about using “revenues” to fight “gun violence.”

In such cases, show loses, boycotters cheer, and the victim-disarming SOBs cheer even louder.

Thoughts of nose-cutting and spite come to mind.

On the gripping hand, I have seen show organizers who chose to make themselves gun-free target rich environments, when it was not required by the venue. I have no problem with boycotting them. There are shows I stopped attending.

Since this discussion was prompted by the 2018 SHOT Show, I’ll note one more point. SHOT is not a public gun show. It is an industry trade show, attendance by application/invitation only. You need credentials to get onto the floor (as a mere TZP writer, I can’t get in). As a private event, they can set whatever policies they want; it’s between the organizers and the invited attendees. If I were invited, I’d have to balance the benefits of seeing cool new stuff versus the chance of being disarmed, and I might decide to go inside.


Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar.

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They’re Finally Being Honest

The Washington Post editorial page editor is finally being honest about the liberals’ gun control agenda. This authoritarian swine named Fred Hiatt has penned… or I should say spewed his uninformed opinion entitled, “A Gun-Free Society.” Given the fact that this beta male has seen it fit to at least be honest about the gun grabbers’ ultimate goal, I figured he deserved a fisk, so here we go.

Maybe it’s time to start using the words that the NRA has turned into unmentionables.

This is how you know a leftard is about to soil his unmentionables – when he “courageously” challenges the big, bad NRA from the safety and comfort of his computer – while advocating what eventually would lead to civil war in this country.

Prohibition.

Mass buyback.

A gun-free society.

Let’s say that one again: A gun-free society.

Doesn’t it sound logical? Doesn’t it sound safe?

No. It sounds stupid, irrational, cowardly, and tyrannical.

Wouldn’t it make sense to learn from other developed nations, which believe that only the military and law enforcers, when necessary, should be armed — and which as a result lose far, far fewer innocent people than die every year in the United States?

You mean the countries that experienced increases in violent crime subsequent to banning firearms? No.

Yes, even saying these words makes the NRA happy. It fuels the slippery-slope argument the gun lobby uses to oppose even the most modest, common-sense reforms. You see? Background checks today, confiscation tomorrow.

Glad you can ascertain the emotions of millions of American gun owners. You must be psychic! Hell, personally, I’m just happy you’ve stopped being disingenuous invertebrates and have finally stated your final goal. It’s much easier to fight the enemy you know.

And yes, I understand how difficult it would be. This is a matter of changing the culture and norms of an entire society. It would take time.

Considering that gun ownership is on the rise and more Americans than ever support the right to keep and bear arms, how are you planning to implement this cultural shift, Freddie?

But the incremental approach is not succeeding. It sets increasingly modest goals, increasingly polite goals: close a loophole here, restrict a particularly lethal weapon there. Talk about gun safety and public health. Say “reform,” not “control.”

It’s not succeeding, because we can see right through you. We can see through your lies, and we’ve discredited your duplicitous statistics. The fact that you don’t want to admit how badly you suck at this promoting gun control thing doesn’t negate the sad reality that you do.

In response, a few states have tightened restrictions, a few states have loosened them. But as a nation — in Congress — we are stuck.

That’s because there’s this little document called the Constitution, and Congressleeches are a bit afraid to tread on it with too heavy a boot, lest the Great Unwashed figure out what they’re doing and kick them out of ofice.

Meanwhile the strategy of modest reform has its own vulnerabilities.

“Modest.” You keep using that word. I do not think it means what you think it means.

Every time there is a mass shooting, gun-control advocates argue again for legislation. But almost every time, opponents can argue that this shooter wouldn’t have been blocked from buying a gun, or that this gun would not have been on anyone’s banned list — and so why waste time (and political capital) on irrelevant restrictions?

Why, indeed? I’m sure you’ll tell us, Fredster.

To be clear, I believe the NRA is wrong on this, and the Brady Campaign to Prevent Gun Violence is right.

What, REALLY? You don’t say! I couldn’t have guessed that from your assertion that a gun-free utopia sounds oh-so logical.

Modest restrictions can help and have helped. The one-gun-a-month law can reduce crime. The gun-show loophole should be closed, and closing it would prevent some criminals from obtaining weapons. Every gun in a home with children should have a trigger lock.

I note the deceptive wording here. “The one-gun-a-month law can reduce crime.” CAN? But hasn’t. Even the majority of law enforcement officials believe that law is useless, and there has been zero evidence that these handgun purchase limits reduce crime. Nice try at obfuscation, Freddie. And how long will you continue beating the “gun show loophole” strawman before you acknowledge that it does not exist and that your real aim is to eliminate private sales writ large?

Come on, Fred. You were doing so well at being honest! Why stop now?

Tell us why you think that criminals will just walk away dejectedly after failing a background check at a gun show and not get a cheap pistol from a drug dealer down the street? “Darn, I thought I could get a gun at a gun show. I guess I won’t go rob that liquor store at gun point. Darn that gun show loophole!” Go ahead! Try!

But how many members of Congress will risk their jobs for modest, incremental reform that may or may not show up as a blip on the following year’s murder statistics? We’ve learned the answer to that question.

“Modest.” You keep using that word. I do not think it means what you think it means. And repeating it again and again won’t make it any more true.

Fine, you say, but then why would those same members commit political suicide by embracing something bigger?

They won’t, of course. Congress will not lead this change. There has to be a cultural shift. Only then will Congress and the Supreme Court follow.

Oh, this ought to be good.

As we’ve seen over the past 15 years with same-sex marriage, such deep cultural change is difficult — and possible. Wyatt Earp, the frontier mentality, prying my cold dead fingers — I get all that. But Australia was a pioneer nation, too, and gave up its guns. Societies change, populations evolve.

I guess Fred hasn’t noticed that the cultural shift that’s been going on has headed in the direction of both gay rights and gun rights? And that Americans are beginning to realize in bigger numbers that giving up their rights to tyrannical, self-absorbed narcissists in Washington may not be the way to go?  And maybe giving up your rights for no appreciable decrease in crime is not the way to go? And maybe, just maybe, Australians didn’t give up as many guns as Fred thinks they did.

And people are not immune, over time, to reason. Given how guns decimate poor black communities every day — not just when there are mass shootings, but every day — this is a civil rights issue.

Wait! A progtard actually admits that black communities are decimated by violence? Oh, I shouldn’t get too excited. After all, it wold be politically incorrect to blame the actual people in those black communities for shooting one another! They’re not responsible! It’s those evil guns that are violating the civil rights of those black people who apparently aren’t shooting one another. /sarcasm

Given how many small children shoot themselves or their siblings accidentally, it is a family issue.

Small children… According to the CDC, 147 children ages 0-9 died by firearm in 2013.  Know now many drowned? 568.  Know how many died in a fire? 266. These are small children, and yet, I don’t see you soiling your unmentionables at these tragic, preventable deaths.

Given the suicides that could be prevented, it is a mental health issue.

Is that why gun-free Japan has a higher suicide rate than we do?

The Supreme Court, which has misread the Second Amendment in its recent decisions, would have to revisit the issue. The court has corrected itself before, and if public opinion shifts it could correct itself again. If it did not, the Constitution would have to be amended.

Apparently a reporter, who cannot comprehend the plain language of the Second Amendment, feels himself qualified to accuse people whose job it is to interpret the Constitution of misinterpreting said plain language. Well… alrighty, then. How pedantically quaint.

I suppose Freddie considers himself an even bigger language expert than the late Roy Copperud, and would arrogantly announce that Mr. Copperud, who was a newspaper writer on major dailies for over three decades before embarking on a a distinguished 17-year career teaching journalism at USC, who wrote a column dealing with the professional aspects of journalism for Editor and Publisher, who was on the usage panel of the American Heritage Dictionary, and was the winner of the Association of American Publisher’s Humanities Award, was also wrong on the plain meaning of the Second Amendment.

He was wrong because Fred FEELZ he was wrong! And GUNS ARE BAD! Because TEH FEELZ!

It sounds hard, I know. But it’s possible that if we started talking more honestly about the most logical, long-term goal, public opinion would begin to shift and the short-term gains would become more, not less likely, as the NRA had to play defense. We might end up with a safer country.

We’re certainly glad you’ve exhibited this bout of honesty, Freddie, and I hate to tell you this (not really), but we already knew what your long-term goal was. And guess what! The trend is still in favor of gun rights.

There are strong arguments against setting a gun-free society as the goal, but there are 100,000 arguments in favor — that’s how many of us get shot every year. Every year 11,000 Americans are murdered. Every year some 20,000 kill themselves with guns.

Hmmm, I assess with high confidence that 2.5 million annual armed self defense instances beat the 100,000 who Fred claims get shot each year. But Fred must have taken common core math in school.

Plus, see above about Japan’s suicide rates, genius.

Without guns — with only kitchen knives at hand — some of those people would die. Most would still be living.

Really? See again about that high suicide rate in gun-free Japan. And if you’re trying to claim that violent criminals will cease being violent because guns are illegal, I have this beachfront property… in Nevada.

Maybe it’s time to start talking about the most logical way to save their lives.

Perhaps we should, but you might want to sit out the conversation while adults are talking. Logic ain’t your strong suit.

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