Need to burn up some vacation before the end of the year. We’re headed to Fairfax County to meet up with some friends who work in areas that would horrify Nancy Pelosi. We’re also going to be stopping by Triangle of Death World Headquarters to visit with the Lairds of Fairfax. Blogging will be via iPhone, so bear with me.
Year: 2009
You Can’t Blame Tiahrt
This blogger seems to think the Fort Hood tragedy was all about Tiahrt, but he’s wrong. What he bases that on would seem to be a section from this article:
In August 2009, Hasan purchased two firearms that he used to carry out the attack, but the government officials said that U.S. law does not permit them to connect that purchase information with the other intelligence they had.
This has nothing to do with Tiahrt, but to understand why that is, you have to understand what the Tiahrt does, and know something about our federal gun laws. I’m not going to automatically assume malice on the part of this blogger, but rather just attempt to point out the problems.
In order to buy a gun in this country at retail, as Hasan did, you have to fill out a ATF Form 4473 and be cleared by the National Instant Check System. Some states have additional forms, and other states are what are called “POC (Point-Of-Contact) States”, which means they use their own state level background check systems in lieu of the federal one. The dealer is then required to keep form 4473 on file. NICS, by law, does not keep records of people who pass the background check. The law only allows records to be kept of those who fail. There is no giant red siren that goes off at CIA or FBI if someone they are currently investigating tries to buy a gun. This isn’t hollywood.
In the event a gun is recovered at a crime scene, law enforcement can file a trace request with the ATF in order to find out who the last legal purchaser of that firearm was at retail. In order to do that, ATF starts with the manufacturer, who traces it to the distributor, who traces it to the retailer. The retailer then goes and fetches the 4473 they have on file, turns over the information and if necessary the form, and the trace is complete. Law enforcement can use this data any way that is necessary and proper within the course of a legitimate investigation of a crime, or in the prosecution of a criminal for violation of laws.
What Tiahrt does is prevent ATF from spending any funds to share the entire trace database with third parties not related to a bonafide criminal investigation. It also makes the trace database undiscoverable in a civil action, and inadmissible in a civil suit. Both ATF and the Fraternal Order of Police support this measure, something MAIG won’t tell you. It does not require that NICS records be destroyed. The requirement that NICS records be destroyed is not a funding matter, but is found in the United State Code, Title 18, Section 922(t):
(2) If receipt of a firearm would not violate subsection (g) or (n) or State law, the system shall –
(A) assign a unique identification number to the transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer.
This is federal law that was instituted as part of the Brady Act, which established the background check system to begin with. Since Hasan had no criminal record, his background check was not saved by the system. The FBI hasn’t always been good about following the law on this, but it’s the law, and it has nothing to do with Tiahrt. MAIG’s assertion that Tiahrt requires NICS records to be destroyed is false. It’s the Brady Act itself that requires it.
Misinterpreting Regulations
Not only is he not arrested, but he doesn’t even seem to have been monitored. And according to new regulations issued in June, he is permitted to carry a privately purchased gun on base, like all other personnel at Fort Hood, provided that it is properly declared at the access point.
No, he wasn’t. If you read the Military Police regulation carefully linked in the quote, you will notice that carry on the base is restricted to certain activities. This regulation in no way shape or form authorizes military personnel, who are not authorized to carry firearms as part of their duties, to carry a loaded firearm on base. Â See here:
When a firearm is authorized to be worn exposed, the official badge of the employing agency will be conspicuously displayed and visible to the casual observer.
This would apply to Military Police, and other personnel who are authorized to carry firearms in accordance with their duties. But later in the regulation, you have what conditions you’re allowed to transport firearms under:
When authorized according to paragraph 5c, weapons transported by person must be carried in a closed case or container, and must be unloaded when not engaged in authorized hunting, target practice, or other activity which permits the use of weapons. When engaged in an activity that permits carrying a loaded firearm, the firearm will be carried openly or in a holster or case as appropriate for the type of firearm.
Such activities that permit carrying a loaded firearm are:
- Hunting.
- Target shooting.
- Performing duties as a member of and related to the Cattlemen’s Association.
- Other authorized sporting events in which the weapon is used in connection with competition or as part of a legitimate display.
But what if a person has a Concealed Handgun License from the State of Texas?
Military personnel, government employees, and civilians authorized and licensed by the State of Texas to carry a concealed handgun according to the Texas Concealed Handgun Law cannot carry a concealed handgun anywhere within the boundaries of Fort Hood.
So Hasam was not authorized to tote a firearm around on base. The regulation is confusing to those not accustomed to reading legalese, and it confused me at first too a bit, but once you read the whole thing, it’s easy to see the regulation does not allow carrying of a firearm on one’s person by anyone who is not authorized to do so as part of their duties.
NY-23 Not Over Yet?
Bucks Right makes a compelling case. Still seems like a long shot to me. Even so, narrowing the lead has to be regarded as positive, since it pretty clearly indicates that Owens is vulnerable next November. Especially after voting for Pelosicare after promising he wouldn’t during the campaign.
Challengers Lining up for Murphy
Looks like we have another one. Jim Geraghty likes his resume. I agree, he looks like a good candidate. He can neutralize some of Murphy’s strengths. I have no idea where any of the candidates stand on the Second Amendment yet, but once the serious candidates get separated from the non-serious ones, it’ll be something to look at. It’s not going to help much to replace Murphy with a Republican like Jim Greenwood, who represented this district before, but was no friend of gun owners.
This big question in 2010 will be whether the GOP will be willing to spend any real money in the 8th. They have fights in the 6th and 7th congressional districts, which are open seats, and will no doubt be targeting Kanjorski, Holden, Carney, Altmire, and Dalkemper as well. That’s a lot of races, and Murphy is sitting on a ton of cash. But cash doesn’t mean squat if the Dems don’t turn out next November. I think the GOP still stands a good chance.
Fixing What Shouldn’t Have Been Broken
People are starting to notice that the gun rationing law passed in the fall at the behest of soon-to-be-ex-Governor Corzine has some serious problems. I’m put off though that the powers that be are claiming they just suddenly realized this:
“As it stands now, retailers would be prohibited from purchasing guns from their suppliers,” said Burlington County Prosecutor Robert Bernardi, who leads the task force. “I think that was an oversight when the legislation was passed.”
The law exempts sales between licensed gun dealers, but not purchases from distributors or manufacturers, which are classified differently under New Jersey law.
It wasn’t an oversight. They were told what this legislation would do, and they didn’t care. Once they bought the vote of Fred “One Gun A Month” Madden, they passed it, and Corzine signed it. Consequences be damned. We’ll fix the problems later, you know, if we feel like it.
“I Support the Second Amendment”
Thirdpower notes that the Brady’s are scrubbing any reference to their past opposition to the Second Amendment as an individual right. It’s the old narrative. Heller has imposed a new narrative on the gun control movement, which you see over and over, like State Representative Levdansky, “I believe in the Second Amendment. But…” Say what you will about the gun control groups, their message discipline is incredible. “I believe in the Second Amendment, but I believe in gun control too.” is the new “Separate but Equal.”
The good thing for us is that we’ve forced them onto a weaker message.
We Have to Get Rid of Levdansky
After surviving a challenge from Monica Douglass last election, State Representative David Levdansky has been taking his “Lost and Stolen” show on the road, in an effort to weaken preemption in Pennsylvania by getting municipalities to pass illegal ordinances regulating guns.
“We are on the same team with him,” said Mary Beth Hacke, of West Mifflin, a board member of CeaseFirePA, a non-profit organization dedicated to preventing gun violence through advocacy and education in the communities.
“By this ordinance passing in communities it will make it easier for passage some day in Harrisburg. ‘You’re not hearing the voice of your own constituents,’ will be the message to legislators,” she said.
It’s worth noting that no local municipality has yet to charge a single person with violating these ordinances they are passing. So if they are so useful for fighting crime, why is that the case? This is useless legislation. The anti-gun people know it’s useless legislation. They are pushing it in a desperate move to find a working formula in Pennsylvania. If it works on this issue, you can bet they are going to try it on other issues.
Levdansky has hopped into bed with the opposition, and we have to get him out of office in 2010.
Plot Thwarted
I am happy to see the English Canadians not falling for this ploy to reclaim the French parts of North America for France. Clearly the first step was registering all the guns of the English folk. Now the plot has been thwarted! Citizens of Illinois, Iowa, Missouri, Nebraska, Oklahoma, and Louisiana (among others) can sleep better tonight knowing that Alberta has your back, and isn’t giving up an inch to the damned Frenchies!
Republican Gay Bashing
Every once and a while I say the GOP needs to lay off the gay bashing. Usually someone demands to know what the GOP is doing against gays. This!
I’m not expecting the GOP to come out for gay marriage or anything, but I don’t think it’s too much to ask to start moving in the direction of acceptance. There are ways this can be arranged without embracing gay marriage, and there’s not much to be objected to in the language of the Rhode Island bill. The GOP is going to lose a generation of voters if they continue this track.