Fact Checking?

I believe a basic lack of ignorance should be a prerequisite to anyone wishing to be taken seriously in public debate, and that goes double when you’re presuming to check the facts of your opponents:

Fact checking the claims in this video is easy enough. Just for one, the National Firearms Act of 1934 refers to regulations on only certain types of guns like automatic machine guns. The original NFA of 1934 is now void. What is left of the original 1934 NFA is not an assault weapons ban by any stretch of the imagination. Unless, of course, you believe that only automatic machine guns fit the definition of assault rifles.

If this is what passes for fact checking in the gun control movement, no wonder they’ve been losing. First, the original 1934 NFA is most decidedly not “now void,” though in some cases the government must now carry out prosecutions under the FOPA Hughes provision (18 USC 922(o)) because it can no longer accept taxes for machine guns manufactured after 1986. The National Firearms Act is not, and was never intended to be, and “assault weapons ban,” given that the assault rifle was not invented until the 1940s, and the term “assault weapon” didn’t come into the legal lexicon until the late 1980s, when some states, and eventually the federal government, started restricting them. NFA did regulate assault rifles once they came onto the scene, by virtue of regulating machine guns, but the law could never have specifically targeted what did not exist at the time. That brings me to the final point, which is that assault rifles are rifles capable of automatic fire because that is just a fact. That is a separate category from assault weapon, which is a legal term of art. Again, these are not opinions, these are facts. Also a fact, not up for debate because they admitted it, is that the gun control movement deliberately went after assault weapons as an incremental step on the road to further restrictions. They fully admitted that defining them would be difficult.

Is it really too much to ask that someone understand the topic they demand we make new public policy on? Apparently in the gun control movement, it is. One reason I’ve given up on persuasion, or even serious debate with many of our opponents is because there can’t be any basis for such when the other side is committed to defending an utterly false set of facts. There is plenty of room in this debate for differing sets of opinions. There’s even room to spin statistics, which can often be read like tea leaves. But having a debate where the other side believes they are entitled to their own basic facts is just a waste of everyone’s time, and fortunately only serves to display their stunning ignorance of the very issue they want to influence opinion on.

HatTip to Chris in AK for the story, who notes “Thank goodness for ignorant political opponents.”

Oral Arguments in Recent 9th Circuit Cases

There have been three cases working their way up the 9th Circuit, which covers California, Hawaii, and most of the other western states. Dave Hardy has links to oral arguments in all of them. I have not yet had a chance to listen, but today, there was arguments in the case of Mehl v. Blanas, brought to you by the same guy that brought us the <sarcasm>fantastic and victory for gun rights in Silveria v. Lockyer</sarcasm> (I put it in tags, because the attorney who argued that case thinks he really won it). There is a very real chance that this case will make all the hard work done so far come crashing down like a carefully and painstakingly built house of cards.

Apparently in Mehl today, the Attorney for the Appellant started off oral arguments being late to court. I suppose this is “how the pros really handle appellate work.” Firearms attorney Bobbie K. Ross was live tweeting the oral arguments today. At first I was confused as to what case this was, and was not aware Gorski’s case was still out there. Needless to say, fingers should be crossed this case doesn’t cause extensive damage.

The Kind of Activism I’d Like to See More Of

Someone infiltrated a CeaseFire PA invitation-only fundraiser (by above board means) and is reporting back. It’s funny, when I was growing up in Delaware County, Radnor Township was about as Republican as Republican could get, and as this poster mentions “I have seen Radnor Twp transition from a fairly conservative community to a full fledged Liberal Haven.” Yes, and it’s been sad to watch. It is now pretty obviously a hot bed of anti-gun activism, and more evidence that the new front lines for gun rights in Pennsylvania will be in the Southeast as the continuing success of the Democratic Party in the suburbs swings the state’s political center decisively leftward and more southeastern.

One thing to note is that CeaseFire is getting very disciplined on their messaging. It should be noted that the ED (Max Nacheman. The post notes that Dan Muroff is ED, but I think he’s President, though it’s possible Nacheman is out, and we didn’t hear about it) used to work for Bloomberg, so if there’s extensive coordination between Bloomberg’s group and CFPA, it wouldn’t surprise me. They are avoiding all the loony tunes nonsense the Bradys and CSGV are descending into, and setting very short term goals and trying to build public support for a real movement. In short, I think these people mean to be serious, which makes CeaseFire PA a group to keep a close eye on.

Reforming the TSA

I have been boycotting the airlines for a number of years. I used to fly once or twice a year prior to this, but currently, unless I am required to for business, I have no plans to ever get on a commercial aircraft again until the gropings and nude-o-scope screening stops. This is a big country to have to drive our way around in, but least my 4th Amendment rights are only bruised up a bit on the highways, instead of being beat to a pulp and crapped on like they are with the TSA.

Volokh points to a position paper by the Consumer Travel Alliance. Personally, I’d rather just get rid of TSA, and go back to airport security being privately run (9/11, after all, was not an airport security failure), but if the powers that be won’t possibly consider that, I’d find most of the CTA positions strong enough that I’d stop boycotting commercial air travel.

It Always Just “Goes Off”

Color me skeptical here:

State police Lt. Eric Hermick said Sunday the father had secured a rifle in the back of the truck and placed his pistol on the console when the handgun went off. Hermick said police are reviewing surveillance video from the store, which helped lay out the chain of events; the video is not being released.

“It is very clear-cut exactly what transpired here,” Hermick said of what he called clearly an accident. “As he’s laying it down, it discharges.”

They may have happened as he laid it down, but guns don’t “go off,” unless someone was showing flagrant disregard for rule 3, and in this case rule 1 too.

Gun Control and Racism

A post from Professor Nicholas Johnson:

Even the roughest cut at the question shows that substantial swath of the Black community would reject Whitlock’s thesis. National polling by the Pew Research Center recently asked,  “What do you think is more important – to protect the right of Americans to own guns, or to control gun ownership?” Fifty-four percent of whites and 30 percent of Blacks said it was more important to protect gun rights. Respondents were also asked “Should States and Localities be able to pass laws banning handguns?” 64 percent of Blacks said yes and 30 percent said no.  Based on these results, Whitlock must conclude that a third of the Black community are Klan sympathizers.  And that actually is the least absurd implication of his “analysis.”

And that’s only looking at national surveys with very small samples of blacks. Read the whole thing. He goes on to plug his upcoming law review, which I have read a draft of. It’s quite good and I look forward to it coming out:

Whitlock’s commentary is also problematic at another level that I elaborate in detail in my forthcoming article, Firearms Law and The Black Community:An Assessment Of The Modern Orthodoxy (Connecticut Law Review) and a forthcoming book based on that research, “Negros with Guns: The Dual Tradition of Non-Violent Social Change and Individual Self-Defense (Prometheus).  This work explains that the basic premise of the modern gun control movement – that people should rely on government for personal security- is wildly at odds with the Black experience in America. No group in the nation has better reason to doubt the competency and benevolence of the state. For most of the Black experience in America, the state has been an overt menace.

This is going to be an important new work for waging the culture war against gun control.

Saving History

I wish all police departments ran gun buybacks this way. The destruction of history apparent in these events is one of the great tragedies. In this case, an StG-44 was saved by a police officer with a gun habit and a sharp eye. I have to infer that it’s registered, because they are speaking of getting it to a museum. If it’s not registered (as war bring backs often were not), then its fate is uncertain. This is one reason for the Veterans Heritage Firearms Act, which has been introduced in the past several Congresses but hasn’t gone anywhere.

Is This Thing On?

On Thursday evening the motherboard on my workstation died a horrible death. On Friday morning I went on to Amazon, and ordered a new one with Prime’s $3.99 next day shipping, and it arrived today. Given that I’ve ordered a grill, a hot water heater, and a portable air conditioner all using Prime this year, and considering saved my butt during this computing emergency, I think I can safely say I’ve gotten my 70 dollars worth out of it.

The new board is an Intel Gigabyte GA-Q77-D2H, replacing my Gigabyte GA-Z68MA-D2H-B3 that ate itself. Fortunately the CPU seems to be fine (given the socket was damaged when I removed it, I had worried that the failure may have fried the CPU too.) But all is well, and this new board actually works much better than the old board for my purposes. I am hoping this will be the end of my crashes. At this point the only thing I haven’t replaced is the power supply and CPU.

No More Carry Permits for a Pennsylvania County This Year

A budget dispute and possible deficit has resulted in the shutdown of the Elk County, PA sheriff’s office for the rest of the year. This is interesting because the sheriff issues concealed carry permits in Pennsylvania, so anyone who needed to renew in that county before the end of the month or anyone who needs a permit quickly is just out of luck.

According to the report, the projected deficit was $9,000, and the Sheriff has sued to have the office re-opened. However, that suit isn’t even being heard until Friday and they have to bring in a judge from outside of the county to preside over the mess.

This is an interesting issue for Pennsylvania gun owners. What happens if the only office that can issue a concealed carry license just closes up shop? I don’t know if anything like this has happened before in the Commonwealth.