Keeping the Lie Alive

I see the Brady Campaign is jumping on the narrative that the Supreme Court, by refusing to take an appeal, based entirely on the standing issue, rather than the merits, has upheld Philadelphia’s Lost and Stolen ordinance. I have to admit that their ability to shape public opinion and perception through the use of these kinds of distortions in the media is second to none among advocacy groups.

I can promise you the MAIG/Brady lackey in Pennsylvania, Max Nachemann, will only be too happy to bring this narrative to every Borough, City and Township counsel when gun owners try to say the ordinances he’s pushing are illegal under Pennsylvania’s preemption law. A pity none of it will actually be true. The hope is that no one will bother to look hard enough. Sadly, often they don’t.

NRA’s Statement on DISCLOSE

They work slower than Internet speed, but here it is:

The National Rifle Association believes that any restrictions on the political speech of Americans are unconstitutional.

In the past, through the courts and in Congress, the NRA has opposed any effort to restrict the rights of its four million members to speak and have their voices heard on behalf of gun owners nationwide.

The NRA’s opposition to restrictions on political speech includes its May 26, 2010 letter to Members of Congress expressing strong concerns about H.R. 5175, the DISCLOSE Act. As it stood at the time of that letter, the measure would have undermined or obliterated virtually all of the NRA’s right to free political speech and, therefore, jeopardized the Second Amendment rights of every law-abiding American.

The most potent defense of the Second Amendment requires the most adamant exercise of the First Amendment. The NRA stands absolutely obligated to its members to ensure maximum access to the First Amendment, in order to protect and preserve the freedom of the Second Amendment.

The NRA must preserve its ability to speak. It cannot risk a strategy that would deny its rights, for the Second Amendment cannot be defended without them.

Thus, the NRA’s first obligation must be to its members and to its most ardent defense of firearms freedom for America’s lawful gun owners.

On June 14, 2010, Democratic leadership in the U.S. House of Representatives pledged that H.R. 5175 would be amended to exempt groups like the NRA, that meet certain criteria, from its onerous restrictions on political speech. As a result, and as long as that remains the case, the NRA will not be involved in final consideration of the House bill.

The NRA cannot defend the Second Amendment from the attacks we face in the local, state, federal, international and judicial arenas without the ability to speak. We will not allow ourselves to be silenced while the national news media, politicians and others are allowed to attack us freely.

The NRA will continue to fight for its right to speak out in defense of the Second Amendment. Any efforts to silence the political speech of NRA members will, as has been the case in the past, be met with strong opposition.

Unfortunately, I don’t think this really addresses much of the criticism of this move. But standing up for their point of view in the court of public opinion has never been one of NRA’s strong suits.

The Stitch in Time that Saved Two

I’m very glad that Caleb, getting home, was eager to send me a picture of his shorts to prove that when he was hanging out on the patio in the History Channel’s Top Shot reality shooting series, he wasn’t in danger of literally hanging out on the patio. I’ve always wanted a picture of Caleb’s shorts, and now my long time dream has been fulfilled:

Caleb: "The shorts in question. I SEE NO HOLE, GOOD SIR."

I call them as I see them. It sure did look like a hole, and I’m not one to pass up a good ribbing on Caleb. So for now I will close this amusing chapter in the Top Shot drama. Well, maybe after his radio call-in show tonight I’ll close it.

Other Groups Affected

Continuing some discussion from the main thread today. I think probably the best argument people have for being pissed at NRA was they stopped opposing the bill after they were no longer affected by it, but left other groups to fend for themselves. This is part of why I would like to see this bill go down to defeat. But suppose NRA did not have the muscle to stop this bill entirely, but only to get itself exempted from it? I’m not saying that was definitely the case, but you can’t really predict legislative outcomes until you actually hold a vote, and see how the cards fall. You can have an idea of where people stand, and how they are going to vote, but you really don’t know until you tally up.

Maybe if NRA had continued opposition they would have defeated the bill. But maybe they wouldn’t have. So put yourself in NRA’s shoes for a moment. Pretend for the sake of argument you’re Chris Cox. The Dems seem intent on ramming an onerous campaign finance law down your throat, which affects your ability to execute on your core mission. So you decide to step outside your core issue and send a letter opposing DISCLOSE, and threatening to to grade on it. Then the Dems dangle an deal in front of you. Do you take it? Keep in mind if you don’t, and continue to oppose the bill, you’re rolling the dice on having the votes to stop it. Maybe you have them, and maybe you don’t. Keep in mind also if you’re offered a deal, and you extend the proverbial middle finger, you’re probably going to lose a lot of votes you might have had in the absence of the offer, complicating whether you’ll eventually be able to defeat it in entirety.

I don’t think the right answer here is easy. If you go for the big win and fail, you’re stuck with a hampering campaign finance law that might require you to disclose your membership list. How many members are you going to lose over that? Who else is going to be able to find out who NRA members are? Are people going to be retaliated against for NRA membership? If you’re Chris Cox, do you want to risk finding out the answers to these questions?

As for the other groups, the biggest of which is SAF, is a 501(3)(c). As a non-profit organized under that tax status, SAF is not affected  by this campaign finance law at all. Same goes for Jews for the Preservation of Firearms Ownership. Citizens Committee for the Right to Keep and Bear Arms, which is Alan Gottlieb’s smaller and lesser known 501(c)(4) would be affected by this, but to the best of my knowledge, CCRKBA doesn’t have a huge federal electioneering operation that would be put in danger by DISCLOSE. GOA is a 501(c)(4), but nor do they do any extensive electioneering work. So let’s look at state groups. CalGuns Foundation is a 501(c)(3), and unaffected. PAFOA is a 501(c)(4), but does not involve itself in electioneering, and so remains unaffected. Most NRA state associations are unaffected because they don’t do much electioneering on the federal level. Those speaking about other groups being thrown under the bus need to identify what other gun rights group has an extensive electioneering apparatus that represents a core part of its mission. I would argue there wasn’t much here to throw under the bus.

So you’re Chris Cox. Do you make the decision to stand firm and risk the entire apparatus that’s been a key to your effectiveness? Or do you take the deal. If you say it’s an easy decision, you’re a lot more confident than I would be in the same position.

Update on HB2536, the Anti-Reciprocity Bill

Chambered Round, who is in a position to know, notes that the vote has been pushed off another week:

This is starting to look more and more like a diversion tactic to keep focus off of HB40 (Castle Doctrine/Stand Your Ground) in the hopes that bill will, once again, die in committee.

Pennsylvanians, aside from fighting back HB2536, make sure to keep up the pressure on HB40! Contact the members of the House Appropriations Committee, especially the office of Chairman Dwight Evans, and ask them “Where’s the vote on HB40?”

The strategy would seem to be to wear us out and spread us thin in the hopes of running out the clock for HB40, the Castle Doctrine bill.

UPDATE: From Lentz himself:

We are going to hold the bill for a week to see if we can come up with a solution that allows us to keep the permit process local and still prevent known drug dealers from relying on a loophole to get an out of state permit as a get out of jail free card but not interfere in any way with law abiding citizens rights.

More later.

Beer Exemptions

NRA isn’t the only one carving out exemptions for itself. Boston Beer company is getting in the game too:

I would be in favor of the proposal to lower taxes on craft breweries, but I see no reason to create a law that would give Boston Beer a tax advantage until they grow to three times their present size. The idea is to encourage small craft breweries. Once you hit two million barrels, you ain’t small no more. Take it on the chin, Jim, and pay Uncle Sam the full tab. You can afford it.

Hat tip to Liquidity Preference. Personally, I don’t like the idea of special tax statuses at all, even if it’s just for actual craft brewers. But I can also understand small brewers trying to get any leg up they can. The big brewers and distributors have a mega-powerful lobby in DC and state capitols that tailors liquor laws to benefit themselves. It’s regulatory capture at its finest.

Update on Microstamping in New York

NSSF is saying:

If S. 6005A passes, firearms manufacturers would be forced to abandon the New York market rather than spend the astronomical sums of money necessary to completely reconfigure their manufacturing and assembly processes.  In addition, this bill could result in hundreds of layoffs for New York workers as firearm factories consider moving out of the state.

And as NSSF notes, Mayors Against Illegal Guns is supporting this bill, which is a de-facto ban on handguns in New York, even if it’s not an explicit ban on handguns. Here’s an article from the Albany Times Union that talks about MAIG’s support of this handgun ban:

The Assembly recently passed legislation to require newly manufactured handguns sold in New York to be equipped with microstamping technology. The legislation has the support of 100 state members of the bipartisan Mayors Against Illegal Guns coalition and 83 police departments and law enforcement organizations including the New York State Association of Chiefs of Police, the New York State District Attorneys Association, and the New York State Law Enforcement Council.

Good to know what their true colors are when it comes to this issue. Of course, the Times Union loses all credibility when they say:

Microstamping is cost-effective. The proposed legislation ensures that the cost to the manufacturer will not exceed $12 per gun, likely much less. The technology cannot be defeated; the microstamp can’t be filed down, or sandpapered away without potentially making the gun inoperable. In fact, criminals rarely attempt to deface serial numbers. According to the Bureau of Alcohol Tobacco, Firearms, and Explosives, less than 20 percent of guns recovered in crimes have their serial numbers scratched off.

Are you kidding me? This is utter propaganda, and runs counter to the claims of the people who, you know, actually make guns and understand the business. Also, since when is 20% rare? That’s like saying high blood pressure is rare.

What the Left is Saying About the DISCLOSE Deal

From the lefty blog Balloon Juice:

And not surprisingly, [Red State] have it completely bass-ackwards. The NRA hasn’t sold out to Democrats, Democrats have sold out to the NRA. Democrats so rarely stand up to the NRA anymore that it is astonishing news when they do, and even then by the slightest of margins.

Now just imagine if the Democrats felt the need to sell out to other groups that defended other parts of the Bill of Rights of the US Constitution? Say what you will about how NRA does things, but it works.