Category: Anti-Gun Folks

There’s a lot of talk about whether someone should go to jail for the VPC’s FFL issuance.  I should clarify, there’s no criminal penalty for ATF issuing the license improperly.  There could be one for VPC, if their zoning is specifically not commercial, which Countertop mentioned it probably is, under DC’s screwed up zoning:

First, DC zoning laws are weird both in their history, their structure and language, because of the role the neighbor hood advisory council’s play.  Second, there is no way in hell this cant be deemed a commercial zone. Check Google Maps out. Rhode Island, M Street, Connecticut Ave, and 18th Street all meet at that intersection. Its perhaps the most concentrated commercial cooridor and/or intersection in all of DC.

He’s the attorney, so I’ll take his word for it here.  The requirements for issuance of dealer licenses are covered by 27 CFR 178.47, and they require submission of ATF Form 5300.37, Certification of Compliance with State and Local Law:

(6) The applicant has filed an ATF Form 5300.37 (Certification of Compliance with State and Local Law) with ATF in accordance with the instructions on the form certifying under the penalties of perjury that–
(i) The business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises are located;
(ii) Within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of business;
(iii) The business will not be conducted under the license until the requirements of State and local law applicable to the business have been met; and
(iv) The applicant has completed and sent or delivered ATF F 5300.36 (Notification of Intent to Apply for a Federal Firearms License) to the chief law enforcement officer of the locality in which the premises are located, which indicates that the applicant intends to apply for a Federal firearms license. For purposes of this paragraph, the “chief law enforcement officer” is the chief of police, the sheriff, or an equivalent officer.

So obviously there’s quite a few things that VPC would have certify under penalty of perjury.  Note that ATF accepts reasons for having a “dealer” license other than dealing firearms.  Gunsmiths also qualify for an FFL as well.  Did VPC commit a crime here?  It’s hard to say.  The DC code allows for the licensing of dealers and gunsmiths, as long as they aren’t involved in manufacturing or repair of unregisterable firearms (e.g. pistols).  Of course, DC has its own licensing requirements for dealers, which is something else to look into.

Over at Red’s Trading Post, Ryan Horsley looks up VPC’s zoning in DC and discovers:

Permits matter-of-right medium/high density development including all kinds of residential uses, with limited offices for non-profit organizations, trade associations and professionals permitted as a special exception requiring approval of the BZA, to a maximum lot occupancy of 80% for residential use, a maximum FAR of 6.0 for residential and 3.5 for other permitted uses, and a maximum height of ninety (90) feet.

So it appears that this address is not zoned for commercial use and whereas a Federal Firearms License is for the purpose of buying and selling firearms, this license does not meet with the City’s zoning requirements.

I wonder if the BATFE Washington Field Division is aware of this.

Oh, I have little doubt there is someone who should know better that’s aware of this, since they not only obtained, but have kept their license when a lot of other “kitchen table” dealers were put out of business. I think someone at ATF called in a favor for VPC. There should be an investigation to find out how they got special treatment.

UPDATE: This is pretty damned funny.

The Violence Policy Center holds a Federal Firearms License, which Dave points out make them exempt from DC’s handgun ban.  Can you spell hypocrite?

Dave Hardy details some difficulties faced by leading gun control advocates.

According to Gun Law News, American Hunters and Shooters Association, a “False Flag” outfit designed to trick hunters into thinking it’s a pro-gun group, submitted a brief essentially calling for the DC gun ban to be overturned because it violates DC’s home rule charter.

Apparently AHSA, which has claimed to support the second amendment, and says it’s against the DC gun law, would prefer it if The Court not discover that the second amendment is an individual right.

This group is a fraud, and anyone who buys their crap is either not paying attention, or actively conspiring with these pirates.

UPDATE: Thirdpower has much much more.

Paul Helmke on the town hall shooting in Missouri:

This last point deserves some more attention. One of the first times I got involved in a controversy with the gun lobby was when, as Mayor of Fort Wayne, Indiana, I suggested that individuals not be allowed to bring guns into our City-County building. (The County, which owned the building, had just banned guns from the County Courthouse and I argued there were just as many contentious issues being discussed and decided by the legislative and administrative parts of local government as by the judicial part.)

The gun lobby saw this suggestion as an attack on their “Second Amendment rights” and responded strongly. As someone who had received death threats and been called a “dictator” because of other government issues, I knew that there were a lot of people who I did not want to see carrying guns into city meetings and the offices of city employees.

These incidents all highlight the tensions involved when individuals argue that their “personal liberty” outweighs the rule of law and trumps community policy as decided by our governmental systems.

Is Paul serious here? First off, government meetings are already off limits places to concealed carry in Missouri. Clearly this individual paid no attention to the fact that gun were prohibited there. The individual overcame two armed police officers stationed outside. Was a sign saying “no guns” really going to be effective against someone intent on mowing down town council? You almost have to believe that in Paul’s world, this isn’t satire:

[youtube]http://www.youtube.com/watch?v=S7pGt_O1uM8[/youtube]

UPDATE: Eric at Classical Values has a good bit on this up here.

For once I share Bryan Miller’s sentiment on something.  I also think Clinton’s assault on Obama’s stance on guns is laughable on its face.

So, we must turn our attention to the Democrats. Democrats like Clinton should know by now that pandering to the pro-gun community will not work. How many Dems have to be ostentatiously photographed in duck blinds or loudly claim fealty to the Second Amendment – and then lose – for the rest to realize that such pro-gun nonsense fools no one on either side? To pro-gunners, these are amusing missteps by candidates who would never get their votes anyway, and it makes the rest of us yearn for a candidate who is genuine and principled.

I agree, it’s not going to help her win that vote.  Pretty much everyone knows what Hillary’s position was on the issue, and no amount of kowtowing to the pro-gun vote is really going to help her much.

That said, it has to be frustrating for gun control activists to see candidates on both parties running away from their issue like a panicking crowd in a bad Godzilla movie.

Earlier I analyized whether anti-gun celeb Britney Spears was prohibited from purchasing or possessing a firearm after she was committed for observation.  Britney apparently will be a prohibited person across the entire nation now, as she apparently is being committed involuntarily.

Please let it be so.  Normally I have issues with the State of California, but if they cloister Brit away in the loony bin where the media and public will pay scant attention to her, I will have at least one thing to like about California’s state government.

According to Ace, the Brady’s have their state score cards out for the year 2007. You can find the 2007 rankings here. I notice they are no longer using grades, but are instead scoring and ranking. I’m guessing probably because so many states scored so poorly, all those Ds and Fs were an embarrassment to their effectiveness.

Pennsylvania is listed 26 out of 100 points, and has a state ranking of 10. I am highly disappointed in this! Surely we can do worse. I am honestly embarrassed by this high score. Clearly the Brady’s aren’t evaluating concealed carry laws, or we’d surely have scored lower.

California ranks as number one, with New Jersey following up behind. Ahead of Pennsylvania are CT, MA, MD, NY, RI, HI, and IL. Delaware is ranked 11, and tied with Michigan. Congratulations to Oklahoma and Kentucky for coming in dead last. Now we all know where the bar is.

UPDATE: The Tennesseans are rubbing it in: “SEVEN points, bitches! w00t!” Yeah, yeah. I can carry in restaurants, parks, forests, and universities so :P

It’s a telling statement that when gun control folks actually come on to debate us seriously, it’s worth a link, since it happens so rarely, even across hundreds of gun blogs.  Robb has that going on over at Sharp as a Marble.