No Right to Carry in the 4th Circuit

The 4th Circuit Court of appeals has overturned the district court decision in Wollard v. Gallagher. One consequence, it seems, of the new field of Second Amendment jurisprudence is that intermediate scrutiny is the new rational basis review. Eugene Volokh notes:

But it seems to me that means the court is thereby deciding that the right to keep and bear arms doesn’t extend to carrying outside the home for self-defense. If a court lets the government deny the ability to carry guns outside the home for self-defense to nearly everybody, the court is in essence saying there is no such right to carry.

A constitutional right that can be trumped in some of its applications under intermediate scrutiny (or for that matter strict scrutiny) is a right, albeit a qualified one; consider, for instance, the right to engage in commercial speech, or the right to be free of sex discrimination. But a constitutional right that can be trumped in nearly all its applications, under whatever level of scrutiny, is not really a right.

This case will no doubt be appealed, and given we have a circuit split on this issue with the 7th Circuit, I think it’s safe to say the Supreme Court will take the issue up. I do hope that in this next case, the Court puts the kibosh on this intermediate scrutiny nonsense. I can understand why the Court doesn’t want to adopt these various levels of review for the 2nd Amendment, but there needs to be some standard for lower courts to follow, otherwise the end result will be every court adopting some nebulous lesser standard of review, and upholding every gun control law out there. That can’t be a serious way to treat a fundamental constitutional right.

Some Thoughts on Guns and Abortion

SayUncle seems to be warming up to Rand Paul, but isn’t happy about Rand Paul going against abortion rights. I am generally in Uncle’s camp on this particular issue, but I understand why the issue is so contentious, and why people are passionate about it. I don’t pretend to have any real moral insights into where life begins, and therefore where the rights of the mother need to yield. I think philosophically, it’s an issue that is far more difficult than many people who have strong opinions on it imagine it to be. At the end of the day, what has made me fall on the abortion rights side of the spectrum is that I can’t abide by the fact that enforcing an abortion ban would entail roughly the same kind of tactics we’re seeing right now with SAFE. This may not be a popular notion in today’s political climate, but I tend to think if you’re going to make certain behaviors serious crimes, they should generally be behaviors that pretty much everyone who isn’t criminally anti-social can agree ought to be crimes.

It’s with that I want to start in on a comment, and follow-up, that appeared yesterday by Peter Hamm, who used to work in the gun control issue, but has since moved on. Peter has always been a strong adversary, and a decent person, so I think his point is worth addressing in a post:

So, to clarify, gang, when you say enforce the laws on the books, you mean the laws on the books that pass muster with a broad cross-section of then gun rights community.

I respect you, and try not to ever treat you disrespectfully, but do we all get to choose the laws that we find acceptable, and disregard the rest? I for one am aware of many laws, such as the federal income tax laws, that I would rather opt out of, but have always thought that doing so wasn’t an option.

Consider this, for example. If one of these town officials says he won’t enforce a new gun law, you applaud him. What would you have thought if the National Park Service had said it wouldn’t allow concealed, despite the rider on the credit card reform bill?

We’re Americans. If we don’t like a law we’re free to fight for its repeal. We’re not free to disregard it. That gets liens put on your house, social services putting your kids in protective custody, stuff like that.

I think this can be a good starting point for a discussion on both the left and the right to develop a bit of understanding. That’s why this post started with the topic of abortion, because it is another very contentious moral and social issue that we argue very passionately about.

If abortion were generally made illegal, or very close to illegal in a state, would folks on who are passionate about abortion rights believe that women who smuggled abortion pills into the state ought to be subject to felony penalties and thrown in jail? Should they just obey the law, and stick to lobbying for repeal? What if the law makes traveling out of state for an abortion a felony? Is the woman who drives a friend worth throwing in prison for 10 years? If the state did an ad campaign targeting women’s magazines and television, telling other women to report if a friend or neighbor had an illegal abortion, with rewards offered for arrests, would you be outraged? What about doctors who refuse to obey the laws and decide carrying out safe abortions in medically sound conditions is better than women resorting to back alley abortionists and coat hangers? What about a woman who gets a botched abortion, gets a bad infection, and seeks legitimate medical treatment? Should she face a felony rap, and be forced to choose between sterility, and possibly death, or a lengthy prison sentence?

For those who are against abortion, this is what enforcement would mean. Sound familiar? Even if we disagree with each other’s moral compass on life’s starting point, you’re still dealing with fundamental issues of personhood, and those are always the kinds of topics we’re going to have the worst arguments over in America. Slavery was an issue of personhood, and we fought a bloody civil war over that.

Likewise, the gun rights debate is actually not about guns, but is rather a personhood debate, derived from the fairly common and historically pervasive American notion that the right to keep and bear arms is a fundamental right of citizenship and personhood. The right to defend one’s home, one’s life, and one’s liberty is deeply rooted in our sense of personal autonomy, self-reliance, and in our relationship with those who govern us, or who would claim to govern us. It is just as much about a right to our own corporal integrity and dignity as it is to many who support abortion rights.

Charges Filed Against MAIG Mayor

We already brought you the story about Mike Bloomberg’s gun control ally in Marcus Hook, PA who was under investigation for keeping a hostage in his home before firing a round into the floor of the house where his teen daughter also slept. Today, he was arrested and the actual charges released:

The mayor of Marcus Hook, Pa. has been arrested and charged with reckless endangerment and other offenses. …

Authorities say Schirilo faces charges including unlawful restraint, false imprisonment and recklessly endangering another person.

Interestingly, his local party leaders and other officials have called on the mayor to resign over the incident. However, he is digging in his heels and refusing to leave the office. He claims that it’s all the fault of the alcohol, so he shouldn’t be held responsible for the incident.

Why We Can’t Get Lazy

For every headline that reads “NRA fundraising best in decade”, Bloomberg cuts a check that is pittance to him. And yet, he still outraises all of us.

The power of gun owners comes in our willingness to put boots on the ground. 2014 is not the year to sit out of the game. The politicians who have voted for this mess or promoted it must be ousted from office. If we can’t beat Mike Bloomberg’s wealth, then we need to beat him where it counts in turning out votes.

Light Posting

My posting rate has eased up over the past day or so. For one, I had to fix some WiFi issues at work yesterday, which required being there (I usually am on Wednesdays and Fridays) and for which time was of the essence. I got back late enough I didn’t spend much time to find things to write about.

To make matters worse, the insomnia bug has struck again. I hadn’t really been sleeping great since daylight savings time kicked in, but lately I’m sleeping really light, and waking up several times during the night. I almost prefer the type where I just can’t sleep, because at least I can get things done. This way I just feel tired all the time. I blame the change of time without the usual change of season. I blame Phil, that insufferable groundhog. How does groundhog taste BBQd?

Open Carry in Open Carry State No Pretext for Stop

Civil rights victory in the 4th Circuit Court of Appeals. This will only apply to the 4th circuit, and not the rest of the country, but this decision can be pointed to in sister circuits when such cases present themselves. Pennsylvania already has a similar case that would presumably also cover open carry.

Fear of Cake

NRA Blog features the story of a Connecticut couple who happen to share a love of shooting and support the NRA. For the husband’s 50th birthday celebration, the wife wanted to get him an AR-15-styled cake since she could not buy a real one from the stripped shelves of gun dealers.

Here’s the kicker, she actually had multiple bakeries refuse her business because they didn’t want to make “machine gun” cakes. That’s right, their hatred of firearms extends to cake that looks like a perfectly lawful and commonly owned firearm. However, a bakery named Jenny-Lu’s stepped in and made an absolutely amazing cake.

AR15cake

Seriously, if I lived in Connecticut, I would gladly order a cake from this joint. They have also created fun hunting cakes before, too. And, oh dear Lord, the woman posts sinfully delicious photos of homemade Samoa-style cupcakes. Hey, all you gun companies up in Connecticut, order some kind of amazing gun cake for your employees – and get a side order of Samoa cupcakes. And then post pictures of people enjoying them. Because those look divine and the joy must be shared.

All Good Soviets New Yorkers Inform

I have become aware of the following e-mail, sent to NY law enforcement associations. The letter is from the New York Department of Criminal Justice Services:

At a time when all of us are finding ourselves doing more with less, a reminder about a resource available from New York State that can assist you in your efforts to solve cases, prevent crime and better serve and protect your communities.

The state has established a toll-free tip line – 1-855-GUNSNYS (1-855- 486-7697) to encourage residents to report illegal firearm possession. The tip line also allows for information to be submitted via text – individuals can text GUNTIP and their message to CRIMES (274637). While the state will provide the administrative support and fund the rewards, the investigation and validity of the tip will be up to each local department.

To spread the word about this free resource, New York State is planning a comprehensive campaign, including public service announcements that will air on television and radio stations across Upstate.

The tip line can provide your agencies with another avenue for receiving intelligence about crimes being committed in your jurisdictions. This initiative is designed for communities where no tip lines are in place and is not meant to replace existing gun tip lines.

Here’s how the tip line operates:

The New York State Police staff the tip line 24 hours a day. Upon receiving a call, troopers will solicit as much information as possible regarding a firearm tip, while allowing the individual to remain anonymous. The caller will be informed that this program is not the traditional gun buyback program but rather is focused on identifying individuals who are carrying an illegal firearm.

The State Police will in turn contact the appropriate police agency with the lead to initiate an investigation. Staff from the Division of Criminal Justice Services (DCJS) will follow up with that agency to determine the validity of the lead. Once the investigation is completed, the police agency would convey to DCJS the outcome of the investigation.

If the information leads to an arrest for the illegal possession of a firearm, the “tipster” will be awarded $500. DCJS staff will handle all of the financial transactions.

State Police staff will explain the program in its entirety upon notifying an agency that a lead has been generated for their jurisdiction. If you have any questions in the interim, please contact DCJS Deputy Commissioner Tony Perez in the Office of Public Safety at 518-485-7610.

Janine Kava
Director of Public Information
New York State Division of Criminal Justice Services

Turn in your neighbors, folks, and get Cuomo’s 30 pieces of silver. Does your neighbor put 10 rounds in a magazine? Does he have a semi-auto shotgun you know about? Call the cops, there could be 500 bucks in it for you if he’s actually breaking the law, which is now most gun owners in New York. Is there such a crime problem in upstate New York that it’s worth airing just in that market and not the downstate market? Or is just that upstate is where most of the previously law-abiding gun owners live?

This is happening in America folks, or at least, where America used to be. It is hard to avoid the conclusion that their goal is, quite honestly, to disarm and pacify, and for those who won’t go along with that, imprison, and for those who won’t go along with that, the morgue. I mean, sure, they aren’t going door-to-door, but this is getting about as close to that as you can get.

I think Cuomo and his pals heard “We will not comply!” loud and clear. This is the reaction.

Gun Club Political Activism in Election Years

With the deal signed in Colorado, gun owners really need to go ahead and start laying the groundwork for 2014.

For average gun owners who only have limited energy for following the political fight should still be focused on writing letters or making phone calls at the federal level and in their states (where relevant). But, if you’re reading this blog for fun and leisure, you’re not one of those people. Like it or not, you’re actually a form of a leader in our community because you’re more likely to be politically informed.

So, if you’re a member of a gun club or other gun-related community, let’s think up ways that you can transition any activism for pro-gun candidates to something with a measurable impact in an election year. Please look into any state laws that may be relevant in terms of fundraising and in-kind donations before following ideas presented here or in comments.

>> Contact the candidates you are backing and ask if they could set aside some “manual labor” type jobs for your club to offer during designated work times. The things that would most easily fit with typical gun range work times would be putting together yard signs, hammering together the frames for really large signs to be posted at intersections and larger plots of land, and even stuffing literature bags for precinct walks. These are activities that more gun guys who may not feel the most confident in walking door-to-door and being social or making phone calls to strangers can do. Even better, because of the need for target stands at many ranges, the tools and skills for building sign frames are already available.

>> Offer the club facility for use as a fundraising site for a local candidate. The campaign can handle everything, but they at least have use of the facility for free. The only real concern for the club in this case is to set up ground rules for use of the club (i.e. who is responsible for cleanup, any restrictions on catering, noise regulations, etc.).

>> Offer to actually host a fundraiser for a candidate or slate of candidates. Rather than simply allowing a campaign to use to property, the club would act as host of the fundraiser – arranging a caterer or finding club members who can cook up some hamburgers, inviting members and families, etc. While many people think of fundraisers as something big and expensive, they don’t have to be. Do a simple/cheap food theme and charge something like $25 or $30 per adult. If you do this pretty early in the campaign season, you’re even more likely to get the candidate out to the event where people can meet him/her and actually talk issues. And, there’s no reason to stop at just offering food. You could make it a shoot or match for added fun and social opportunities.

>> If the club is really willing to get involved, then work with a campaign to do secure pre-paid cell phones and set up a day to do some phone banking from the club. Bring in some pizza, sandwiches and sodas for club members, and give them work time credit. Make it a social event at the club. If the campaign is larger – like a Congressional or Senate campaign – then they may even have a list of call sheets that just target fellow sportsmen. It’s much, much easier to make a phone call to a stranger in support of a candidate when you know the talking points are about issues you know and the recipient is a fellow gun owner. If the local campaigns don’t have this level of targeting, NRA will have such systems in place to make calls to gun owners in favor of their endorsed candidates. Also, big secret to phone banking, you almost always just talk to answering machines, so it doesn’t require being that social.

>> See if the guys and gals who shoot matches with guns that are the targets of gun bans would be willing to get together one day for a couple of hours of door knocking and dropping off literature. Working in small groups is an easy way to knock out a neighborhood quickly, and it’s a bit of exercise and time in the sun.

>> If the club doesn’t have the facilities to host an event, use the club newsletter or calendar to promote outside candidate events like the low-level fundraisers, precinct walk days, and especially any kind of sportsmen’s outreach events. Unfortunately, you may not always have the months or weeks of heads up about these types of events required for traditional newsletter publication, but you can use a club website and/or an email list. Start thinking about these kinds of activities as typical additions to the club’s matches and other events. Just like competitions help preserve the Second Amendment by keeping people engaged with the gun culture, political work for pro-gun candidates also helps preserve the Second Amendment.

>> Invite your pro-gun lawmakers to club events where there will be quite a few people – picnics, major meetings, special events, etc. If you don’t have many club events to choose from, consider inviting them to join you at a table at a Friends of NRA dinner. Make sure to communicate with them what kind of event it is – whether or not it is one where they can easily get up and say a few words. If you do arrange an event like this, give the scheduler or other staffer some idea of what the audience will be like. Sure, it may be taking place at a gun club, but that doesn’t mean the only issue people there care about relate to guns. If there are common traits or circumstances that apply to the membership beyond a shared love of our rights, let the lawmaker know so they can be prepared to answer questions about those issues, too.

>> Start at the real grassroots of your local political structures. A fellow NRA volunteer suggested identifying precinct or other hyper-local party captains or leaders in your area and inviting the pro-Second Amendment leaders to a social shoot at the facility. They could get to know club leaders, club members, and be reminded of the potential power of the pro-gun vote. Another consideration might be to issue an invitation to all of these hyper-local leaders to an educational class or demonstration at the range.

The White House Won’t Give Up

According to this article, Joe Biden is now calling state lawmakers in Minnesota to get a feel for pushing their anti-gun bills.

After Harry Reid indicated that he couldn’t even find 40 votes for Dianne Feinstein’s gun ban under the most optimistic scenarios, the White House came out and insisted they will push for a vote, at least as an amendment, and that they will try to go find the votes for Harry.

I warned gun owners not to write off the fact that Obama put Joe Biden in charge of passing gun control. So many people laughed about it and said that it meant Obama saw the whole issue as a joke. Yet, look what happened when they put the weight of the White House behind the issue in Colorado. Supplemented with Bloomberg’s money, lawmakers cave.

That said, I believe the real threat is in the so-called background check bill at the federal level. Regardless, I don’t believe that we should be telling people the gun ban is dead. It’s not. When the people who are engaged with the issue over the fear of the ban drop out, we’re less powerful.