February 2011 – Page 17 – Shall Not Be Questioned

Lame Kids vs. Cool Kids

There’s nothing the lame kids in junior high school ever wanted more than to have one of the cool kids acknowledge them, or say something nice. Such was the power an acknowledgement or kind word, since it might offer a path out of lameness and into coolness. It is in this context that our opponents behavior seems to be increasingly falling into:

“The president should stand up” on gun issues, Bloomberg said in an appearance Tuesday on “The Rachel Maddow Show.” He added, “It’s one of the issues he can build a legacy on.”

Strategically, I’m pretty indifferent to how this goes. If Obama tries to “build his legacy” on gun control, I can see a path to devastate our opponents. If Obama says nothing, that in itself will devastate our opponents. While we certainly do not have them check mated, I think it’s safe to declare “check.” There is a path forward for them, I think, but it’s one they won’t take, probably because they can’t take it.

What Happens When You Destroy Your Gun Culture?

You end up with more cops who don’t know how to handle guns properly. When even your tactical guys are flubbing their gun handling, something has gone off the rails. But why wouldn’t it? What cadre of shooting enthusiasts can an officer train with in New York City? What kid who grew up with shooting are you going to find in New York City?

No other city, save maybe Chicago, has been so successful at eradicating the shooting sports and gun culture. As bad as LA and California are, there’s still at least a healthy shooting culture from which competent gun handlers can be drawn.

Only in Pennsylvania

Do you have bets being placed on who’s Groundhog is right. PunxsutawneyÂ has the most famous of Groundhog Day celebrations, but there’s groundhog traditions all over the state that are lesser known. The holiday comes from German immigrants, where I understand they previously used badgers rather than groundhogs in the old country. Either due to lack of badgers in these parts, or perhaps realization of the inherent dangers associated with drunken revelers waking a North American badger, immigrants to Pennsylvania decided groundhogs were a reasonable substitute.

Greetings From Ice Station Pennsy

Getting off to a slow start this morning. We were spared the brunt of the ice, and I actually managed to make it into the office. Unfortunately, my e-mail is out due to power outages at my colocation site, at least I’m guessing. None of the servers are working there.

An iPhone App? Really?

I can’t think of any reason why, in a pinch, I might need to call my local ATF field office. At least not urgently enough that I need an iPhone app. Even as an FFL holder, there’s a form to report a lost or stolen gun, and even as an FFL holder, my first call to report a missing or stolen gun is going to be to local police.

Maybe this kind of waste of taxpayer money is why their budget is getting cut.

Arizona Strikes Back Against Bloomberg

So says the Arizona Attorney General:

â€œAccording to the most recentÂ F.B.I. statistics, violent crime in New York City increased significantly in 2010 compared to data from 2009,â€ he said. â€œRobbery went up 3.9 percent, forcible rape rose 13.9 percent, aggravated assault increased 8.8 percent and murder rose 12.3 percent. Clearly, the good men and women of the New York City Police Department have more pressing crimes to investigate than alleged violations at a gun show 2,400 miles away.â€

He criticizes the investigators for not contacting the Arizona State Police, and suggests their failure to do so makes this sting a transparent publicity stunt.

There seems to be some argument over whether the sales were lawful. They were not. Even if the investigators were Arizona residents, and not prohibited from possessing firearms, the sellers were violating 18 USC 922(d), which prohibits transfer to “any person knowing orÂ having reasonable cause to believe that such person” is prohibited from possessing a firearm. Whether they actually are, or not, is immaterial to the legality of the sale. It’s what the seller reasonably believed. Judging from some of the videos, there’s also a strong case to be made for a violation of 18 USC 922(a) as well, for engaging in the business of selling firearms without a license.

The way Bloomberg seems to have set up the sting is legal from the point of view of his investigators, but the sellers were committing felonies. If his investigators had been actual prohibited persons, they also would be committing a felony, just under 18 USC 922(g). The prohibition on buying a firearm out of state only applies to the buyer if they transport the firearm back to their home state.

South Dakota Gun Requirement Bill

South Dakota is considering making everyone own a gun, and as Prof. Reynolds notes, it’s completely within the state’s power, and would even be within the federal government’s militia powers. I’ve always thought that even in a world where there was a very strong Second Amendment, our opponents would probably still have a lot of room for jerking around gun owners with the the militia powers.

For instance, the federal government could require people who owned firearms to drill regularly, or mandate people with firearms seek annual training and qualification. It would be hard to argue how this would not be within the militia powers. I could see, that if it’s clear the power is being used to frustrate people out of exercising the right, the militia power could come up against the Second Amendment. But it’s pretty clear the militia powers would offer our opponents in Congress, and in the various anti-gun organizations, a lot of leeway in frustrating gun ownership.

One saving grace is that the Constitution leaves the actual authority of executing the training prescribed by Congress with the states.

UPDATE: Outdoor pressroom notes it wasn’t a serious bill, but was designed to make a point about the Health Care mandate. Except that it’s not a very good point since mandating gun ownership is within Congress’ power.

Self-Policing Needed, But Not This Kind

A Reno gun show promoter has agreed to require background checks for all guns sales, under pressure from the Mayor of New York City. I believe promoters need to do a lot more self-policing where pretty clearly there are vendors who are dealing without a license. But some guy showing up to sell his SMLE is not really a concern. Kick out the people who are breaking the law. Leave everyone else alone.

Caving into Bloomberg isn’t the answer. That just guarantees he’ll continue with this.

Public Comment Period

ATF has opened up a public comment period on its shotgun study:

You can comment on the report by e-mail to shotgunstudy@atf.gov or by fax to (202)648-9601. The deadline for comments is May 1, 2011.

We should be sure we’re heard from, but I’d limit responses to productive feedback. Remember that they are not lawmakers. They can’t just repeal laws. But they can sure as hell interpret the sporting purposes clause very broadly, if they wish.

Donate to help Heller II

Oleg Volk is trying to raise money for Heller II, or perhaps we should call it Hellerbound: Hellerraiser II. Sorry, Uncle flipped the cheesy switch with his amply appropriate alliteration.

UPDATE: PayPal Link here. Sorry folks, doesn’t look like they have money for a good web developer either :)

UPDATE: According to Oleg and Dick Heller in the comments below, they have secured volunteer services of a web designer.

UPDATE: For those who might feel more comfortable donating to the Civil Rights Defense Fund, just follow the link. They are helping support Mr. Heller’s case as well.