Lower courts in urban centers tend to be corrupt, arbitrary, and often have a lack of concern about the rule of law, so it’s not too surprising to see that a lower court upheld Seattle’s gun tax despite Washington State’s strong preemption language. We’ll see how this works out on appeal. We’ve been mooching off a lot of past activism by people who worked very hard on this issue. It’s hard to imagine the Washington Legislature offering a fix for this if it doesn’t turn out well in the courts. It’s always going to be the most important election ever, until the tide actually does turn, and we all end up drowned in it. I fear that’s starting to happen.
Author: Sebastian
The First Shoe Drops: Virginia Reciprocity
We know that yesterday Administration officials told us they were coordinating with state officials to see how many ways gun owners could be screwed over. Well, the first shoe to drop seems to be by shredding most of Virginia’s reciprocity agreements, including with Pennsylvania. After the Democratic Attorney General Mark Herring closes open season on Virginia’s gun owners, the only states left with reciprocity will be West Virginia, Michigan, Oklahoma, Texas and Utah.
I would note that Virginia code is pretty specific about what makes states eligible for reciprocity, and provides that the Attorney General and State Police shall enter into agreements. It provides no mechanism by which agreements can be withdrawn from once agreed upon. To me that leaves the door open for a lawsuit.
It’s going to be a rough year for us. They are going to try to screw us any way they can. This is probably just the beginning. Folks, if we don’t hit these people hard come next November, we’re going to be in a metric shit-ton of trouble. The current GOP clown show of a primary (not even speaking of the clown show in Congress) doesn’t offer me much optimism. Mark Herring has to lose his next election. All stops must be pulled to defeat him if he runs for re-election in 2018.
What’s happening here is not about public safety, it’s about sticking it to a politically disfavored group any way they can think of. It’s about punishment for defying the will of this Administration. Some of my liberal Dem-voting readers might not be interested much in gun voting, but the time is fast approaching where you’ll have to decide how much you really care about your gun rights. How many people who have been carrying in Virginia for years on the current agreements not going to get the word and end up in prison? That’s probably the idea. You will be made to pay for your defiance, and they don’t care how many lives they ruin in the process.
From a practical standpoint, I’d note that Virginia issues non-resident permits. They are not hard to get. I plan on applying for one. I do not intent to let a petty, spiteful tyrant like Mark Herring disarm me.
Former NRA-A-Rated Ohio Governor Flips on Guns
Ted Strickland got high marks from NRA during his tenure as Governor, but now that he’s running in a Dem primary he’s changed his views to back gun control.
“Ted’s views about gun violence and gun safety have been deeply influenced as a result of the multiple horrific incidents of gun violence that our country has suffered, and particularly after the Sandy Hook tragedy (in Connecticut).
“Just like many Americans, after Sandy Hook, he called for a reassessment of laws in order to help keep Ohioans and all Americans safer,†Bergstein said.
Yeah, I’m sure running in a Dem primary where Bloomberg money can be had has nothing at all to do with his election year conversion of the issue. Remember folks, politicians are rank opportunists. Don’t believe a Republican’s support on this issue is any less shallow. Politicians pursue what they feel is in their best interests, and like it or not, Bloomberg and Obama have convinced Dems that supporting gun control is in their best interests. Remember these wise words from Milton Friedman:
Gun Control by Fiat?
Based on statements coming out of the White House, I think Obama’s executive orders on guns might end up being a barrage of ridiculous things completely unsupported by law. Sure, they’ll lose in court, but they’ll force us to take them to court, and that’s going to cost time and money heading into the elections. I’m thinking the strategy might be to throw as much as they can at the wall and see what sticks.
Certainly Obama has numerous ways he could screw us that are completely within his authority. A near handgun import ban would be among them, by ditching the point system and adopting something draconian. I don’t see how Obama has any executive power under the law to close any “gun show loophole” or to otherwise affect private transfers.
But that doesn’t mean he won’t force us to waste time and treasure fighting even clearly illegal moves. There’s no penalty for overreach. With guns there’s not much clearly established precedent to support civil rights suits. So what does he have to lose?
A New Leftist Trope: Tone Shaming
I have to link this with the caveat that I don’t know whether this is real, satirical, or just plain trolling. Poe’s Law is in full effect. But this does come from a credible lefty source on the Book of Face. Apparently I’ve been doing a lot of tone shaming my whole life and never realized it. So for all of you that I’ve ever refused to have discussions with until you calmed down, for all the times I’ve said I don’t argue with children throwing a temper tantrum, I’m sorry. I did not realize the error of my ways. Apparently I was wrong to expect adult conversation and disagreement, and so I offer a heartfelt apology for preserving my privilege.
Most Pro-Gun Provisions Stripped from Spending Bill
As Glenn Reynolds notes, “Harry Reid seems to accomplish a lot, considering he’s in the minority.” Certainly seems so, but I’ve long argued the big reason the Democrats can generally get what they want is that they are very good at using government and using process to get their preferred outcomes. Republican politicians, meanwhile, aren’t always the sharpest tacks in the box, and they are more interested in getting along and keeping the perks of office than they are about really challenging the left and learning how to play the game effectively. So here are the provisions that came out in the Senate:
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House proposal to make permanent the one-year provision restricting the federal government from prohibiting imports of curios and relics.
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House proposal to make permanent the one-year provision restricting the federal government from requiring licenses for Canada gun exports less than $500.
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House proposal to make permanent the one-year provision restricting the federal government from denying shotgun imports on the grounds they are not suitable for “sporting purposes,†if such imports have not previously been denied.
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House proposal to make permanent the one-year provision restricting the federal government from facilitating the transfer of a firearm to a known or suspected agent of a drug cartel (“Fast and Furious†provision).
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House provision preventing the Department of Justice from requiring federal firearms licensees to report on the sale of multiple long guns to the same person.
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House provision restricting the federal government from treating ammunition as “armor piercing,†except for handgun ammunition.
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House provision allowing funding to process applications for individual relief from firearms disabilities, a reversal of a funding prohibition that has been in place since 1993.
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Democratic proposal to block firearms sales to individuals on terror watch lists.
That’s quite a disappointment, but as long as the filibuster rule is what it is, neither side really is in the minority. The Dems still have the ability to block bills, and the Republicans know they’ll get blamed by the media for any shutdown that happens. Personally, I think they should go back to the rule that requires filibustering Senators to hold the floor. They can read Dostoyevski if they want, but they have to hold the floor.
Executive Orders on Guns Coming
Obama has been meeting with Bloomberg. I really have no idea what’s coming, or what the timeline is going to be. It seems that no one else does either. There is speculation that it will be related to the requirements for when you need an FFL because you’re “in the business” of selling firearms.
Officials say expanding background checks by closing the “gun show loophole” is the most likely option, though they concede legal and administration hurdles have slowed the process.
In his executive action, Obama could alter the government’s definition of who is “in the business” of selling guns, expanding it to include private dealers and others who can currently sell without completing a background check.
This is likely going to demand ATF set a fixed number of guns people could sell before being considered “in the business.” If they really wanted to solve this problem, they’d remove all the Clinton-era restrictions on obtaining a Federal Firearms License, including reducing the fee back down to what it used to be. Let’s be clear about what these fanatics are doing:
- Step one: Make FFLs much more expensive and difficult to obtain, so as to drive hobbyists and occasional sellers out.
- Step two: Punish hobbyists and occasional sellers for not getting FFLs when they really should.
I won’t deny there are people out there who are walking a thin line in regards to “in the business,” but this was less of an issue when the government made FFLs relatively easy and cheap for part-time and occasional sellers to obtain. Instead they smeared hobbyists and occasional sellers as “kitchen table dealers” who were of course Shady People whose only interest was selling guns to the underworld.
I think people are starting to realize that the only thing the gun control movement is good at is manufacturing bullshit issues aimed at sticking it to Those People, with Those People being people like us.
Circuit Court Upholds Florida’s “Docs v. Glocks” Law
For a lot of reasons, I have to agree with Eugene Volokh’s opinion on the matter. I don’t agree that enacting a restriction on one constitutional right to protect another is the right thing to do. But it is a strategically smart thing to do if you’re interested in sticking it to the organizations that represent the medical profession, and have been promoting all manner of anti-gun propaganda via the power and influence doctors have over society. That’s what I think the strategy was here. I can’t support it, but I can see the logic.
All this would not be an issue if the doctors would agree that the practice of medicine should not be politicized in the way it has.
Clayton Cramer Raising Funds for History Film
Clayton Cramer is trying to raise money via Kickstarter to do a film on The Oberlin-Wellington Rescue. With 13 days left to go there’s only $51 dollars, and I’m $50 of that. The Oberlin-Wellington rescue is an example of Americans using their right to keep and bear arms to resist a government intent on keeping people enslaved and treated as property:
As soon as residents heard of the marshal’s actions, a group of men rushed to Wellington. They joined like-minded residents of Wellington and attempted to free Price, but the marshal and his deputies took refuge in a local hotel.
After peaceful negotiations failed, the rescuers stormed the hotel and found Price in the attic. The group immediately returned Price to Oberlin, where they hid him in the home of James Harris Fairchild, a future president of Oberlin College. A short time later, they took Price to Canada. Under British rule, Canada had no slavery and Price did not have to worry about US authorities there.
I think it’s important these stories are told, especially when it comes to convincing people who don’t fit into the OFWG demographic that RKBA is important. This was not a right made up by the Supreme Court. Armed resistance to tyranny is woven throughout our history.
DC Concealed Carry Ruling Tossed by Court of Appeals
John Richardson has the story. The fortunate part is that it’s on procedural grounds and not on the merits of the case. Essentially the Court of Appeals argues that Judge Scullin should never have been assigned a case like this, since he was sitting on the DC Court from another district. It’s not uncommon for “retired” federal judges to serve when they are needed. Even Justice O’Conner has been hearing cases in the 9th Circuit since retiring from the Supreme Court. In this case, the Court has decided that Wrenn must start over.
This is unfortunate, but to be honest, we should want the wheels of justice to turn slowly, on the hope that if we have a favorable outcome in 2016, we can get changes on the courts that will help us secure a more robust Second Amendment we clearly will never get from this Supreme Court.