Weekly Gun News – Edition 19

It’ll be a very busy next several weeks, since we just settled on our new building, which we’ll be moving into before Thanksgiving, and I’m trying not to fall behind with client work at the same time. So thinks around here may be scarce some days. But my tabs are getting crowded, so it’s time to clear them:

Smart guns don’t work so well, so now it’s time for smart magazines!

Maryland scraps its gun fingerprint database because it was useless. Most ideas floated by gun control advocates are useless.

Troll or derp? It’s hard to tell these days.

What gun porn is from the guy who invented the term. I can’t think of anyone using gun porn as a term before SayUncle did.

Clayton Cramer has a new paper out “Do Ammunition Background Checks Reduce Murder Rates?” This is good stuff. The people passing this garbage couldn’t care less whether it’s effective. It’s only meant to frustrate you from your rights. But federal courts are supposed to care.

Dave Kopel has been writing about gun issues a lot over at The Volokh Conspiracy. See:

Safe storage of firearms: The harms from Bloomberg’s strange background check system.”

English Legal History and the Right to Carry Arms.”

Handgun bans for persons under 21: A hidden problem in Everytown’s ‘universal background checks’” and finally,

Sharing firearms for informal target shooting: Another legitimate activity outlawed by Everytown’s ‘universal background checks.’

Kindergartners get gun safety lessons at school. To a lot of gun control folks, this is a bad thing as long as NRA is doing it. They promote an abstinence only method. Puritans.

Andrew Branca tears apart a “scientific” study of Florida’s Stand Your Ground law.

Dave Hardy links to the oral arguments in the Ezell II case. Note the difference in the level of preparedness and presentation between the Chicago attorney and Alan Gura. I think the judges noticed too. I figure at least one dissenter. Hopefully this case will go well for us. I’m optimistic after listening to that.

I’m not sure why I’m bothering to link this, since no one likes Martin O’Malley, but his 7 point plan on gun control is the same tired shit I’ve been listening to from anti-gunners my whole life.

Speaking of tired shit: “Does the phrase ‘gun control’ hurt the push for new gun laws?” You can call it whatever you want at this point. The public hasn’t been fooled by this crap in the past, and it won’t be in the future. Cam Edwards seems to agree.

Hey, I agree with Hillary on something. But I don’t think she and I agree what the end result would be of making this a fact. Hopefully she keeps writing our 2016 campaign ads.

Speaking of Hillary, apparently she’s making video games an issue. The youth vote is going to love that.

As this country descends further into lunacy, this handy guide to might be useful. This probably goes double for millennials, who mostly don’t know what fascism, or socialism for that matter, are.

New False Flag Group Appears

They are called American Coalition for Responsible Gun Ownership, and you can find their press release here. Apparently they are quite proud of their “viral” video. I put viral in quotes, because the last time I checked a 122,000 views video does not constitute “going viral.” Notice the usual “reasoned discourse” in effect. One of the videos on the blog’s YouTube channel has 484,941 views. Another 247,619 views. Yet another 107,462 views. I don’t really work on my YouTube channel either. Where’s my invitation to the White House? If anyone believes this is a spontaneous grassroots movement, let us get together and discuss some opportunities I can offer you in Florida real-estate. Their Facebook page has about 6100 followers. There are blogs with stronger Facebook presence.

It’s an election year, and what would an election year be without a false flag group to try to offer vulnerable Dems some cover on the gun issue.

Bloomberg Moves in on Celebrities, Brady Moves in on Mayors

As you’ve all seen in recent months, Bloomberg has been moving in on the Brady Organization’s turf, in the form of celebrity recruitment. We know there has been some tension between Brady and Bloomberg in this regard from the Freedom of Information requests to the City of New York. That’s why I find this recent release from the Brady Campaign to be filled with hilarity:

 

 

 

We have exciting news! The mayors of America’s three largest cities — Los Angeles, New York, and Chicago — have joined the Brady Campaign in calling on Attorney General Loretta Lynch to take action against the five percent of ‘bad apple’ gun dealers who are responsible for ninety percent of the crime guns terrorizing our communities.

This letter calls for the investigation, reform and possible closure of ‘bad apple’ gun dealers, as well as the adoption of an enforceable code of conduct. Simply put, we know who the ‘bad apples’ are, and we want the Attorney General and the Justice Department to take action!

This is an important step in our Stop Bad Apple Gun Dealers campaign, and the voices of many are more impactful than the voices of a few.

That’s why we need your help in getting more mayors to sign on to this important letter!

We want to show Attorney General Lynch that stopping ‘bad apple’ gun dealers is a priority across the country and you can help make that possible!

Thank you for your continuing support and stay tuned for more exciting updates about our Bad Apple Gun Dealer campaign!

Brian Malte
Senior National Policy Director
Brady Campaign to Prevent Gun Violence

You move in on our turf, and we’ll move in on yours? You know, there was a reason that Everytown absorbed MAIG right? There was a reason Bloomberg deemphasized that effort. It’s because Mayors tend to be corrupt, narcissistic, borderline sociopaths who often find themselves in trouble with the law. Good luck with this new strategy, Brady folks. Good luck! Way to bring the fun back in this debate. I can’t wait to start pointing out how many Brady mayors are being incarcerated.

Glenn Reynolds: “If you care about civil rights for minorities, gun control is not the answer.”

Writing in USA Today, and echoing the words of George Washington Law Professor Robert J. Cottrol:

Cottrol discussed a number of such cases, including that of Melroy Cort, a double-amputee Iraq veteran who in 2006 was traveling to Walter Reed Army Hospital for treatment from Ohio. He was charged with possession of a pistol not registered in the District of Columbia (though he said he had a permit in Ohio), a felony that would not only have sent him to prison, but would have cost him his veterans’ benefits. Although, as Cottrol notes, prosecutors in the DC Attorney General’s office had discretion to drop the charges; they instead threw the book at him.

Fortunately for Mr. Cort, he was saved by jury nullification, but not everyone is so lucky.

[Prof. Cottrol’s] point: Strict gun laws with stiff penalties are just another example of the overcriminalization that has led to mass incarceration in America, particularly among minorities.

Read the whole thing. I’m glad this point is being made, because this has always been the unintended consequence of “enforce the laws on the books,” which I’m noticing NRA is retreating to again. Prof. Reynolds goes on to reiterate his proposal for federal civil rights legislation that would set the maximum penalty a state can assess for possessing or carrying a firearm on the part of someone not prohibited under federal law to $500. I think it’s a great proposal. The only downside I’d worry about is that the anti-gun states would start passing (more) strange and unusual gun regulations, seeing gun owners as a cash cow to be milked. But I’d prefer that situation to the current status quo that exists in those states.

Beyond that, I would like to pursue under the 14th Amendment a complete federal preemption on state and local regulation for the manufacture, sale, and possession of firearms anyone not prohibited under federal law from possessing firearms. Basically, if you’re not a prohibited person federally, you can buy and possess anything that’s legal under federal law. But we’re a long way from something that radical.

Why Did Houston’s Proposition One Lose?

vote-here-woman-1436537This might seem like an off-topic post, given that Prop 1 was an anti-discrimination proposition for LGBT community, and not anything gun related, but I think it’s useful to analyze political failure and decide what lessons might be drawn from it for use in other contexts. First, I should introduce Proposition 1:

Proposition 1, would have banned discrimination based on sexual orientation and gender identity—criteria not covered by federal anti-discrimination laws—especially “in city employment, city services, city contracting practices, housing, public accommodations, and private employment.”

The proposition failed 39% to 61%, much to the shock of supporters. It’s failure is not a shock to me, once you break it apart and look at it. In my opinion, the failure boils down to three things. Demographics, timing, and overreach.

Let’s start with demographics. The City of Houston is about 25% white, 6% Asian, 25% Black, and 44% hispanic. The city is overwhelmingly Democratic, but supporters failed to recognize that many white Republicans are farther along to agreeing with them on these issues than black and hispanic voters. Demographically, Prop 1 faced an uphill challenge right out of the gate. Urban black and hispanic voters may vote overwhelmingly Democrat, but on social issues like this they are about as supportive as your most bible thumping evangelical GOP voter, and probably even less so in many respects.

Move on to timing. It’s really only a small minoring of people who are comfortable with rapid change. Activists can often delude themselves into thinking how strongly the population really supports their cause. There is a tendency to push too fast, and that risks a backlash. This referendum comes fresh on the heels of the cake controversies, where public opinion lags far behind support for gay marriage. The fact that Prop 1 had carve out for religious organizations and non-profits won’t really matter. There’s a tendency for the public to apply the brakes when they think activists for change are pushing too fast.

One could argue timing is really just a form of overreach, but I wanted to treat it separately. Gun rights has achieved because we were determined to not be a flash in the pan movement. We have persisted for several generations now in pushing this issue forward, often sliding backwards for periods of time; not able to achieve everything we’ve wanted. Timing is an important part of moving forward, independently of overreach.

Which brings us to overreach itself. If activists had only included sexual orientation in Proposition 1, it probably would have done much better, and perhaps even won. At this point, gays have achieved widespread tolerance and acceptance in our society. They achieved that through decades of coming out of the closet and confronting society with their existence and normality. It’s easy to discriminate against people when they are “shady deviants” (those people) who go to special clubs and bars (those places) and do “God knows what.” It’s much harder when they are family, friends, coworkers and neighbors who are mostly normal people.

Sound familiar? It should, because we have built the pro-gun movement in the same manner. How much do you think we’ve achieved in the past 20 years in demystifying gun shows? You notice how many families come these days? That’s a reward for decades of cultural normalization.

Transgender people are currently where gays were a few decades ago. While public polling shows that most people don’t have a problem with the transgendered (the public is about equally divided), I think it’s safe to say most people are still a bit uncomfortable with it. Without diving into the debate about whether this is right or not, how many companies do you think would feel comfortable putting an obvious transwoman in a public facing customer service or sales position. Now change that to a visibly butch lesbian woman, and I think you’d agree there’d be a lot more acceptance.

To put this in a Second Amendment context, transgenderism to them is what machine guns are to us. Most activists in this issue would like to ease or end the 1986 ban on machine guns, and most would also like to end NFA treatment of them as well. This is a sound anti-discrimination principle! But it’s one that just isn’t ripe yet. It may never be, even with a strong effort to demystify and mainstream.

The LGBT community enforces a conformity that would make the most rabid 2nd Amendment activist blush. We also have our own “no one gets thrown off the lifeboat” principle, but in fact we are willing to throw people off the lifeboat in order to save the ship. We’ve done it. Notice that all of the DC preemption bills floated in Congress don’t cover NFA items. Neither do any of the national reciprocity proposals. It would also be doubtful that if we managed to pass a federal law preempting state and local bans on semi-automatic “assault weapons” that the bill would not also carve out NFA items. As firearms enthusiasts, we’ve been more realistic about what can be achieved and when it the right time to achieve it. The failure of Proposition 1 is a lesson in what happens when reality is ignored and deluded activists turn a generational struggle to an immediate all or nothing game.

Did Gun Control Cost the Dems Gains in Virginia?

Now even the Democrats are asking the question:

“The gun thing, I would have done it differently,” Sen. Chap Petersen (D-Fairfax) said. “It’s speculation at this point, but I feel the Gecker seat was one we thought we were going to win. . . . [The gun issue] was one variable that was thrown in at the last minute.”

How long before the Democrats start telling Bloomberg, “Thanks, but no thanks.” I’m honestly not sure why the calculus changed for the Dems. Up until about 2010 gun control was considered political suicide even across the aisle, unless you were in a safely Democratic urban district. The Dems of a decade ago successfully used the blue dog strategy to get back to a majority in Congress. Then in 2010, they flushed the blue dog strategy down the toilet in order to get enough votes to pass Obamacare without a single Republican vote. Obama won re-election, but he spent most of his first term not really playing up the gun issue. After Sandy Hook, the Democrats convinced themselves everything had changed. But polling shows pretty clearly it hasn’t. So what makes them so sure it’s a winner now?

I believe the Democrats are pursuing gun control because it’s what the donor class wants, and when you dangle the fish in front of the seal, you can expect the seal to bark to get the fish. Bloomberg has a lot of fish, and Obama, who is now very enthusiastic about gun control, is going to command a lot of big donors for many years to come. That will go double if Hillary Clinton loses in 2016. The barking seals will follow the follow the people with the most fish.

Bloomberg’s Result

Enjoy the schadenfreude while it lasts. I’m not sure who deserves credit for this, but whoever came up with this, bravo:

bloomberg-virginia

I first saw it on Miguel’s site. Of course, it’s pretty apparent Everytown and Bloomberg were gunning for the 10th district, but hedged their bets by doubling down on a safe race, so they could claim victory if they lost the important race. Hey, they spent more money in it anyway. Here’s how it went this morning:

Followed up quickly by NRA’s response:

That seat was held by the Democrats already, and the retiring incumbent was D rated by the NRA. If NRA had spent that kind of money to hold a safe seat in a single state senate race, I would have called them out for spending irresponsibility if it was not a key race, or they had some reason to fear. The fact is, when you look at that district, it should be a cakewalk for the Democrats.

Pennsylvania Elections: Where’s the T?

The Dems swept the statewide races, which isn’t too surprising given they seemed to be the only people spending money. They managed to drive turnout in Philadelphia, while turnout in the “T” part of Pennsylvania was very light. Are they still sore about the whole Penn State thing? Has the Pennsylvania GOP started sucking worse than usual? For whatever the PAGOP is worth (which probably isn’t much), this is a problem they should be very interested in diagnosing, because without very strong turnout from that section of the state, there aren’t enough votes to overcome Philadelphia and Pittsburg, and the unions spent big on this race. It will likely be a good investment for them, because they can now have a very big say in the 2020 redistricting. The Republicans should have spent more in this election, and if they didn’t have the money to spend they should start asking themselves how they can manage to suck so bad that no one wants to give them money. But of course they never ask that. It’s business as usual. Strategy? What’s that?

The only thing you have to hope for is that union backed Dem justices aren’t going to toe the Dem line on gun control, for fear of being eaten alive by their members.

The GOP managed to increase their majority in the Senate by one vote by winning the special election. Generally speaking the GOP did pretty well in the Philadelphia suburbs in County elections.

Hey Bloomberg, What’s That Giant Flushing Sound?

Oh yeah, it’s the sound of $700,000 of Bloomberg’s money circling the bowl. Let us hope by tomorrow the flush will be complete. Ideally what we want is for Democrats to think Bloomberg’s help is poison. At the least, to think that his money won’t help. Imagine if he had spent that money on malaria drugs for kids in poor countries instead of spending it to screw fellow Americans out of their Constitutional birthright.

Cops vs. Criminals

In New Haven, the mayor is saying great things about a plan by police to steal personal items from people’s closed cars that they can turn around and sell for profit after 60 days. The police claim that this is done in the best interest of the car owners, as it prevents a thief from stealing it and taking it to the pawn shop for a profit.

And this is why local elections matter.