“Amended” version, because the bill includes some troubling things like a ban on “high capacity” magazines (10+) and outlawing private sales at gun shows. But I want the ban — total, not just “assault weapons;” no grandfathering — to pass as written. It’s all in the definition of “automatic and semi-automatic guns.”
As used in this part, the term:
(1) ‘Automatic or semi-automatic gun’ means any weapon which shoots or is designed to shoot:
(A) Automatically, more than six shots, without manual reloading, by a single function of the trigger; or
(B) Without any action needed to fire consecutive shots, other than having ammunition loaded in such weapon’s feeding device.
You see it, don’t you? Maybe not: “Automatically, more than six shots” or “Without any action”
So this letter went to Georgia Senator William Ligon, 3rd District:
Sen. Ligon,
I’m one of your constituents in St Marys, and a writer for The Zelman Partisans and The Truth About Guns. I cover firearms policy and law.
Sen Donzella James has filed SB 281 (Dangerous Instrumentalities and Practices; possession of automatic and semi-automatic guns; prohibit), I hope you will consider the following actions and encourage your fellow legislators to go along.
1. Amend to strike the ban on “high” capacity magazines (more than ten rounds) and private sales at gun shows.
2. Vote to pass the remaining ban on “possession of automatic and semi-automatic guns.”
As written, Sen. James has succeeded in “banning” semi-autos without actually banning anything, except possibly malfunctioning firearms. Passing this would be hilarious. If you aren’t quite sure why, this column explains.
If you live in Georgia, you may want to contact your own senator.
For those concerned about Georgians losing machine guns, worry not. The bill leaves intact existing language in the law which had already banned machine guns unless they’re registered under the NFA.
[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]
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With registration schemes in the works, let’s imagine a humorous, purely hypothetical scenario.
Police State A passes a registration law.
Folks in other states publicly post something along the lines of, “I happen to know that someone in [NOT-State-A] has an AR, [manufacturer] [model] serial number 12345xxx. Plenty of credible examples.
“Compliant” A-Staters use that data to cram the State A’s database full of realistic-looking garbage: variations on out-of-state weapons. Change the serial numbers.
And never forget the overly compliant. Register a few hundred per person. You’ll probably make typos on the forms, so be sure to requisition plenty. And early, as they’ll likely run out.
Now that places such as New York City and California are doing their best to generate new Dim-ocrat voters-to-be with sanctuary and ID for “undocumented” illegals, those identities could be the ones “registering” their imaginary “assault weapons” and half-million-apiece magazines. I’ve heard that in Chicago, 1060 West Addison Street is a traditional address.
With millions of bogus database entries, I expect it’ll be a while before they sort through them and find “real” people who… “Darned boating accidents.” Mischievous types will want to get their lost/stolen reports in ahead of the expected rush. If they go low-bidder on the software, our little Simon Jesters might even crash the database.
If nothing else, this should lower unemployment, as governments recruit more clerks to handle the data entry.
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For better than a year and a half, The Zelman Partisans have been trying to warn gun owners that the bump-fire stock ban was a bigger deal than just that. In late May, we warned that lawyers were taking notice and making this argument in public.
Now they’re arguing in Nevada state court that all semi-automatic firearms are “easily convertible” to machineguns and therefore are machineguns.
Machine guns have been banned since 1986. But the lawsuit the couple filed last night claims a gun that’s easily modifiable to fire automatically is a machine gun, and is therefore “flatly illegal” under federal and state law.
This challenge to the Protection of Lawful Commerce in Arms Act hinges on the bump-fire ban. PLCA doesn’t protect manufacturers when they’ve broken the law, and this argument is that they’ve been unlawfully marketing post-1986 (thanks, VNRA) “easily converted” machineguns to civilians.
If you want to derail this suit, and avoid the otherwise inevitable unpleasantness of an attempted semi-auto ban, you need to support the groups fighting the bump-fire stock (or even rubber bands) ban:
Please note that I am not recommending any donations to the National Rifle Association. They got us into this mess. And, to date, I can find no indication that they’ve diverted a penny of LaPierre’s wardrobe-and-busty-intern budget to a ban challenge; I’ve not found so much as an amicus brief in someone else’s case.
[Permission to republish this article is granted so long as it is not edited and the author and The Zelman Partisans are credited.]
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Much of the reporting on the shooting at the Chabad of Poway synagogue has been odd. Even stories which mention that anyone stood up to the asshole play it down and bring it up late in the story. Some reports fail to mention defense at all, and imply only that the shooting stopped because the weapon jammed. A Breitbart report told more: that an armed congregant passed a weapon to another, who went after chumbucket. Today, we learn that another person helped.
Lori’s husband had a wheel gun hidden safely in a cabinet. Only a few congregants knew about it. The Rabbi is also armed.
The perp parked out front, walked in the open front door. Shots were fired immediately, I’m not sure exactly who was hit first. The Rabbi had a few fingers shot off. Lori took one shot to the abdomen and died instantly.
When husband heard the commotion, he retrieved the wheel gun and tossed it to the BP guy who was praying. There was another ex-military congregant accosted the perp, screaming at folks to get down. The perp panicked and ran to his car. The BP fired several shots into the car, blowing out the back window and possibly hitting a tire. The perp surrendered to local LA a mile down the road.
The perp had multiple mags. A huge massacre was prevented by the presence of that wheel gun.
Armed Rabbi. An emergency house gun. Three more people ready, willing, able to defend their friends. A fourth who got shot deliberately putting himself between the murderer and children.
Heroes. Who clearly understood “Never Again” means stopping the atrocity in its tracks, and being prepared to do just that.
[Permission to republish this article is granted so long as it is not edited and the author and The Zelman Partisans are credited.]
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I believe pro-RKBA sites may have a problem. Let’s start with this story from April 6, 2019:
Texas House Speaker declares ‘constitutional carry’ gun bill dead after gun-rights activist shows up at his home
Chris McNutt, executive director of Texas Gun Rights and a supporter of the legislation that would allow Texans to carry firearms without a license, showed up to Bonnen’s home in Lake Jackson on Wednesday to question why the bill had stalled, according to the Dallas Morning News.Bonnen, a Republican, was in the state capital of Austin but his wife teenage sons were inside the home. He said McNutt’s actions were a demonstration of “insanity” and called him an “overzealous advocate for criminals to get a gun.”
Before you jump to conclusions:
“Everyone slammed Chris McNutt of Texas Gun Rights for the fake story of the crazy gun advocate who went to the Texas Speaker’s house. What the news didn’t say was that Chris was posting flyers on the front doors of every house in the neighborhood, and he never stepped foot on Bonnen’s property.” (source)
A Speaker opposed to pro-rights legislation tells a tale of something that never quite happened: an attempted “intimidation,” by omitting key facts and warping the rest. And uses that to rationalize killing the legislation.
That’s from days ago, old news by “Internet time,” so you may be wondering why I bring it up now.
In response, a state Senate subcommittee chairman postponed Tuesday’s hearing on the bill, effectively killing it for the year by ensuring it misses a Wednesday deadline to pass either the House or the Senate.
“This comment was on a Facebook advertisement from an individual who is not associated with our organization. And in fact, nobody here knows who he is. The comments were brought to our attention and we removed them.”
Legislators stalling bill. Mysterious threat from out of nowhere. Polticians and media claim it’s from “one of the bill’s supporters”, but none of the real supporters know who it is, and deleted the “threat.” “Threat” used as an excuse to kill bill.
It hasn’t happened often, but when The Zelman Partisans see a comment like that, I do delete it. But… I make a permanent record of the comment to include content, username, email address, any link, and originating IP address. Depending on the severity of the offense, I either blacklist the IP immediately or give the person a second chance before banning (the latter in the case of someone who has been a decent participant in the past and may just be having one bad day).
I highly recommend that all pro-freedom site administrators and moderators follow my example.
If anti-rights types are going to make this a standard tactic, it would be helpful to have a list of offenders, where we can share data, and recognize repeat “false flag” operators. Unless/until someone comes up with something better, I offer this page for the purpose. Post a comment with the suspected operator’s info.
Do not doxx.
Keep your own full record, but only post username, originating IP address, site where the comment was posted, and type.
Example:
Username: Red Flagler
IP: 123.456.789.10
Site where posted: www.rights.xx
Type: Death threat to cops
Repeater: Yes. (x times)
I’ll go through comments periodically, and update the main list, wit special attention to repeat IPs. It would help if you’d try to match your offender’s IP to one already listed (control-F search). That’s what “repeater” in the example refers to.
Potential False Flags
Threats, whether vague or specific. Do not include non-threatening racist, antisemitic, or other insults.
Username: Bill Raven
IP: 69.76.5.95
Site where posted: zelmanpartisans.com
Type: Advocated killing judges and DAs
Repeater:
Username: anonymous
IP: 68.135.137.122
Site where posted: zelmanpartisans.com
Type: Threat to kill Jews
Repeater: Yes. (2)
Username: jim
IP: 68.62.176.179, 73.108.192.241
Site where posted: zelmanpartisans.com
Type: Death threats to media & political figures, and other individuals
Repeater: Yes. (6)
Username: Allan (allan112358@protonmail.com)
IP: 138.199.52.197, 138.199.52.197
Site where posted: zelmanpartisans.com
Type: Advocated overthrowing US government and destruction of America
Repeater: Yes. (2 times)
[Permission to republish this article is granted so long as it is not edited and the author and The Zelman Partisans are credited.]
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“…99.997% who are well aware of the blatant abuse this nonsense is and will continue to be, not to mention its wholesale uncontsitutionality, and putting their nickel on “the ban can’t stand”,”
Judging by reactions I get, I doubt the number of sensible people is anywhere near 99%. Take this recent comment regarding my compliance rate column:
“I would say this, if I owned a bumpstock. you can have it.. And no, I wan’t no reason to waste ammo. I do not own one. I have belt loops on my pants. Bump stocks be damned. IT WAS JUST A GIMMICK. Let it fade. I like people, the nut job in Vegas, not so much. Think about that, Las Vegas, and there might be a nut job in the mix. Where will I vacation next?”
.
After a year and a half of discussion that person still doesn’t get it. “Let it fade,” and you let all law fade, and we live by royal whim, imperial fiat. “Stroke of the pen” and all that entails.
Nor should anyone who has been paying attention to the courts assume “the ban can’t stand.” Not just the courts hearing the bump-fire cases, which have uniformly stated that the plaintiffs (our side) are unlikely to succeed (with one lone dissent), but other cases: courts finding it unlawful to follow the law as written because a previous president chose to ignore the law, Portland protestors shutting down interstate (and international) coal traffic as the authorities refuse to do anything about it. A judge who found pipeline protestors innocent: “not responsible by reason of necessity”.
The ban well may stand.
“Anyone determined enough to protect his investment AND his rights will have had six months to think and plan slowluy acquire the necessities to ferret their hunk of plastic away somewhere safe and impossible to find.”
“Soom enough BATF will have at least as much egg on their mugs”
Egg in their beer is looking more likely, considering that the DC Appeals court made arguments for the ATF, claims even the feds declined to make, to rationalize upholding the ban.
“HOW can the government of one state order private entities in another state and tell them what they may/mayn’t DO…” the Commerce Clause of the US Constitution prohibits that.
How can the courts rule that “function of the trigger” means volitional movement of a finger? And yet, they have. But I’ll give you a hint how that can happen, although I don’t know if this has been raised in the bizarre NJ case: constructive possession; a California prosecutor could argue that a standard capacity magazine shipped to California remains in the constructive possession of the shipper until it is delivered to the purchaser. Thus, the shipper “possessed” the arbitrarily-unlawful magazine in California, and is subject to their law. Take one look at the Ninth Circus and tell — with a straight face — that they would not buy that legal contortion.
Or the Supreme Court. Remember, these are the judicial gymnasts who, for eighty years, have upheld the National Firearms Act on the grounds that such items can be regulated because they are not militarily useful, but that machineguns can be regulated because they are.
“In the absence of any evidence tending to show that possession or use of a “shotgun having a barrel of less than eighteen inches in length” at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.”
Overturning the bump-fire ban is not a slam dunk in an age where the laws is whatever the government says it is today. And remember that the ATF and Courts are both parts of that government.
We are fighting lunatics and liars — DOJ attorneys like Eric Soskin and judges alike — who matter-of-factly state that fingers are triggers, and the only difference between a machinegun and a semi-auto is whether the finger is moved volitionally. (Which, coupled with the concept that a select-fire trigger group is a machinegun itself, makes your finger one such if you are moving it.)
That fight will be long and hard. And expensive. Two of the major groups leading the challenges to the ban are the Firearms Policy Coalition and Gun Owners of America. They can use your support in this.
(Other groups and individuals raising money to fight the ban can drop a link in comments, and I’ll update this list to include you.)
[Permission to republish this article is granted so long as it is not edited and the author and The Zelman Partisans are credited.]
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 (too late; I’m selling the truck; contact me if you’re interested in a ’96 Ranger with less than 85K miles)) 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!
Nevada Firearms Coalition NVFAC Urgent Alert
When the current legislature was elected, a majority of the members as well as the governor were of the same party which had made anti gun legislation promises during their campaigns. We knew we were in for a tough fight to protect our rights, but we felt we would be entitled to have the regular legislative process in place.
Yesterday we learned that the majority party is suspending the rules of the legislature by announcing a bill late in the day on Monday February 11th and then having a joint hearing on the bill the very next day. We also learned that a Bloomberg group had been notified earlier and is planning a demonstration on the day of the hearing. All this was done in secret to keep the Second Amendment supporters in the dark and preventing public testimony that would be contrary to their gun control efforts.
This process cannot be tolerated in a Constitutional Republic. Please let your legislators know that you do not approve of this tactic and request that the regular rules of the legislature be immediately restored. Also go to our web page at www.nvfacpac.org and sign up for our legislative alerts.
The hearing for this bill will be held at 8 am on February 12 in Carson City and the Grant Sawyer Building in Las Vegas. The hearing will be one hour for pro testimony, one hour for con testimony, one hour for neutral testimony and then public testimony. NVFAC and NRA-ILA will be testifying at the Con testimony. You are urged to attend and testify at the “public comment” session which will start after the neutral testimony. If you are able to attend but can’t or don’t want to testify, please sign in under the “opposed” category. Numbers count and you are important.
A few days ago, KSTP in Minnesota reported that they “obtained a federal memo detailing the new ban on bump stocks.”
The memo, circulated by the Department of Justice, is being sent to law enforcement agencies and gun shops with a federal firearms license.
This topic is of great interest to me, so I was disappointed that they didn’t publish a copy of the memo. I wrote to the reporter and suggested they do so. Failing that, I asked for a copy.
-crickets-
Then they published a new story.
Feds mum on bump stock ban memo obtained by KSTP
The Bureau of Alcohol Tobacco Firearms and Explosives in Washington, D.C. declined to comment on a memo, obtained by KSTP on Monday, detailing a new federal ban on the sale and possession of bump stocks.
But they still won’t publish the memo.
Oddly enough, I haven’t seen any other reports — news, forum, or blog — about any FFLs getting the memo. So… off to a few of my local gun stores.
No FFL dealer I spoke to has received the supposed memo. Not “We can neither confirm nor deny,” but “Nope. Haven’t seen anything like that at all.” Nothing about bump-fire or bans. One even pointed out that if a guidance memo had been sent to thousands of FFLs there is no reason not to publish it.
I asked folks to check with FFLs in their own areas. As yet, nothing; no report of an FFL receiving KSTP’s mysterious memo.
Did KSTP get suckered, or misinterpret what they got? If it’s real, is it somehow “classified” such that FFLs can’t or won’t admit having it yet (would that even be legal)?
If the former, KSTP should admit it.
In the latter case, I think Americans should definitely see what plans the feds wish kept secret. And KSTP should definitely publish it (with necessary redactions to protect the source).
If you have seen this memo, please forward a copy to me. Again, you can redact your identifying information, or I can and will do so. I will not reveal the source without your permission.
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I get a weekly newsletter from Rabbi Johnathan Sacks called Covenant and Conversation, this week’s edition is about The Courage of Persistence. It’s always about the Parashat for the week. This week is Toldot. In this newsletter he talks about anti-semitic attacks in the Parashat. When the Philistines filled in the wells of Avraham for example. But a lot of it talks about the dichotomy of antisemitism.
As he points out in Amy Chau’s book World on Fire
Her thesis is that any conspicuously successful minority will attract envy that may deepen into hate and provoke violence. All three conditions are essential. The hated group must be conspicuous, for otherwise it would not be singled out. It must be successful, for otherwise it would not be envied. And it must be a minority, for otherwise it would not be attacked.
He further points out: Hostility to Jews becomes dangerous, she argued, not when Jews are strong, but when they are weak. This is along the lines of what Moshe Feiglin said in his column after the Synagogue shooting in Squirrel Hill.
But there is something more, deeper than the economic factor, which makes us partially responsible for what happened in Pittsburgh. Jewish history is being written today in the Land of Israel. It is clear to all of us that anti-Israel sentiments are the new expression of Anti-Semitism. When Israel is sure of itself, strikes its enemies as it did in the Six Day War, eliminates the hijackers as in Entebbe – the level of anti-Semitism decreases!!! And when Israel displays lack of self-assurance, temporariness, moral flaccidity – a feeling that we are not really on the map, that we are nothing more than colonialists acting only for the sake of self-defense, begging the Hamas for a cease-fire – then our enemies feel that they are just and anti-Semitism flourishes.
Rabbi Sacks continues on,
Antisemitism is a complex, protean phenomenon because antisemites must be able to hold together two beliefs that seem to contradict one another: Jews are so powerful that they should be feared, and at the same time so powerless that they can be attacked without fear.
It would seem that no one could be so irrational as to believe both of these things simultaneously. But emotions are not rational, despite the fact that they are often rationalised, for there is a world of difference between rationality and rationalisation (the attempt to give rational justification for irrational beliefs).
So, for example, in the twenty-first century we can find that (a) Western media are almost universally hostile to Israel, and (b) otherwise intelligent people claim that the media are controlled by Jews who support Israel: the same inner contradiction of perceived powerlessness and ascribed power.
He shows another way that the current situation in Gaza where the peaceful Falestinians so love the land of Israel and long to return to it that they are bombing, setting fire and trying to destroy it.
There is a second aspect of our passage that has had reverberations through the centuries: the self-destructive nature of hate. The Philistines did not ask Isaac to share his water with them. They did not ask him to teach them how he (and his father) had discovered a source of water that they – residents of the place – had not. They did not even simply ask him to move on. They “stopped up” the wells, “filling them with earth.” This act harmed them more than it harmed Isaac. It robbed them of a resource that would, in any case, have become theirs, once the famine had ended and Isaac had returned home.
But in the wake of the shooting at Squirrel Hill, I’ve been hopeful. Why? Because some are beginning to see that self-defense, and defense of others is necessary and right.
This last sentence is sometimes translated as “If someone comes to kill you, rise up and kill him first.”
This final sentence does not delegate discretion; it is a positive command. A Jew has a duty to use deadly force to defend herself against murderous attack.
Emphasis mine. It is our duty and a positive mitzvah to defend ourselves!
Returning to something in Rabbi Sack’s newsletter, “Jews are so powerful that they should be feared, and at the same time so powerless that they can be attacked without fear.”
Then there is CAMP JABOTINSKY, they seem to have been around awhile. Just an FYI, my baby Shimshon’s middle name is Zev, after Zev Jabotinsky. It’s fitting, it means “Wolf”.
This made me a little sad, as did this comment at the end of the article.
“I think he absolutely is generous in what he wants to do,” Ader said. “I think he wants to help and is very well intentioned. It just isn’t for us.”
Arming people, Ader told the TV station, “is a preventative measure, it is not part of the solution at all. The solution is civil discourse.”
I absolutely know he is entitled to his own opinion, but I don’t think he realizes yet that there are people out there that want to kill you, your congregation and there is not one thing civil or un that you are going to say to them to have a dialogue.
Ahh, yes. These times they are a changing. It doesn’t matter how you want to dress that pig up.
Anti-Zionism IS Anti-Semitism
It’s still anti-semitism, it goes way back, it is unreasoning and it’s lethal. It is also much, much harder to implement if the target of your irrational hatred is armed and realizes they have a duty to protect themselves, their families and their community.
A friend of mine asked me after the shooting, “Why didn’t someone shoot the man? Why didn’t they stop him”? I pointed out I didn’t know the gun laws in Pittsburgh, but I rather suspected that being big city on the east coast perhaps they have pretty strict gun control and they had been legislated out of their right to self-defense, and therefore, their right to live. This is what happens when you elect big government, people controlling leftists.
Perhaps the new members of the Second Amendment community will begin to understand a big part of the Second Amendment is fighting to keep it because there are most certainly those that prefer an unarmed populace.
Should I mention the 80th anniversary of Kristallnacht is tonight?
Well done, Calguns Foundation, Second Amendment Foundation, Firearms Policy Coalition, Firearms Policy Foundation, and Madison Society Foundation.
Riverside, California Sheriff Stan Sniff Sued for “Discriminatory and Unconstitutional” Handgun Carry Policies in Federal Court
After purchasing a handgun with the intention of eventually lawfully carrying it for self-defense, plaintiff Arie van Nieuwenhuyzen asked the Riverside County Sherriff’s Department how he could apply for a “CCW” license to carry it in public. But the Sheriff’s Department told him that, because he was a legal U.S. resident and not a U.S. citizen, he could not even apply for a license under Sheriff Sniff’s handgun policies and practices. That, the plaintiffs say, is unconstitutional.
As I said, the 9th is in a tough spot of their own making.
Historically, 9th Circuit Courts have done their damnedest to uphold almost every California infringement of Second Amendment rights, going so far as to support a law requiring nonexistent “microstamping”.
On the other hand, a 9th Circuit Appellate panel did recently rule in favor of open carry. And that’s a precedent that may apply here, since California doesn’t allow any unlicensed carry.
What really gets interesting is that van Nieuwenhuyzen is challenging a blanket policy, one which appears to be in violation of California state preemption laws.
Sniff’s department, rather stupidly, did not reject van Nieuwenhuyzen’s application on the usual (and bogus) “good moral character” grounds. They refused his application because he isn’t a citizen. That was a mistake.
While I’m sure most judges in the 9th would like to uphold that policy (and often rule in favor of the state versus any sane reality), Sniff et al screwed up.
To find for the sheriff, the judge would have to find that the policy of a blanket ban on noncitizen legal residents — regardless of “good moral character,” community standing, whatever — is in the interest of “public safety.”
That noncitizen legal residents are an inherent threat to public safety. Simply by existing.
I almost hope the judge (and the 9th Appeals Court) is that stupid. If legal residents are an inherent threat, just imagine what a threat illegal aliens must be.
Or the judge (and Circuit) could opt for sanity, and we still chip a –admittedly small — hole in arbitrary CCW denials.
Win/Win.
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Jews. Guns. No compromise. No surrender.
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