Is it Unlawful to Donate to a City’s Defense Fund for Illegal Gun Ordinances?

[UPDATE: Link fixed] Pro-gun attorney Josh Prince makes a good case for it. The criminal penalty for violating preemption is not part of the new Act 192, but was an original feature of the 1974 preemption law. The problem, however, is that it would require the county district attorney to bring charges, which they’ve never been willing to do. In this case, I doubt they would. Anyone charged would likely have a decent First Amendment claim that their donation was a form of protected speech. So from the beginning there was never any enforcement mechanism for preemption, so many towns and cities through Pennsylvania just ignored it, and passed their own gun control laws anyway. While rarely enforced, if you were one of the unlucky few, it was on you to hire an attorney at your own expense, to defend against the charge and challenge ordinance in court. While this almost always resulted in victory under Pennsylvania’s preemption statute, you were out the money for court costs and attorneys fees. The legislature set out to fix this with Act 192, and at least Lancaster, Philadelphia, Pittsburgh, and Harrisburg don’t appreciate being held to account for their own illegal behavior.

Sorry fellas, you’ve been flouting the law for 40 years now. Time to pay up.

New Jersey Flintlock Case Getting Mainstream Traction

The New York Daily News has run a very favorable article on the Gordon Van Gilder case. You read that right, the New York Daily News. They even embedded NRA’s video on it. I’m kind of shocked, because it’s not like the Daily News is on our side, even on a good day. My guess is that the media is likely aware these stories damage Chris Christie. Regardless of motivation, the more people hear Mr. Van Gilder’s story, the more likely he can get a favorable outcome, as Shannen Allen did.

It also lets people know that what New Jersey has are all the “reasonable common sense gun laws” that the gun control crowd promotes, and that New Jersey’s laws are their model for the rest of the country.

In Order to Win Colorado Back, House Democrats Must be Removed From Power

The Denver Post is reporting on the committee votes in the Colorado House:

HB 1050: Repeals requirement that anyone besides a licensed gun dealer who transfers possession of a firearm must obtain a background check and repeals requirement that charges a fee for a check. Defeated 6-5.

HB 1127: Establishes immunity from certain civil actions for owners and operators of businesses open to the public who adopt a policy allowing persons to carry a concealed handgun on the premises. Defeated 6-5.

HB 1009: Repeals the ban on the possession of large-capacity ammunition magazines. Defeated 6-5.

HB 1049: Adds a place of business to the locations that may be defended with deadly physical force. Defeated 6-5. 

HB 1086: Requires the Colorado Bureau of Investigation to produce in a certain time frame certificates allowing for the transfers of machine guns, destructive devices or other firearms or explain why, in that time frame, it was denied. Defeated 7-4.

See the whole article to contrast what the GOP is doing in the Senate, which passed constitutional carry out of committee. I hate to raise the bar higher, because Colorado activists have already been carrying a lot of water for the movement, but if Colorado is to be snatched out of Bloomberg’s hands, the Democrats must lose control of the House as well.

These were 6-5 votes. It’s very close. But the next election could determine everything. Abandon false prophets like Dudley Brown, who has a socially conservative agenda that extends far beyond gun rights. The Colorado GOP has to get smart and embrace good candidates who can win in that state’s more socially liberal political climate.

News Links for Monday 02-16-2015

Greetings from antarctic station zebra, or at least that’s what it feels like. It’s actually warmer in Alaska than it is here in Southeast Pennsylvania. Seems every time I start to think gun news is getting slow, it gets real interesting, real fast. I could do with slow news if it means no action from the Obama Administration to restrict our rights. I saw in Facebook a gun guy I know, who I also know to be a Democratic voting lefty, arguing that Obama couldn’t ban ammunition, and this was all a conspiracy to drive up ammo prices. There’s a lot of ignorance out there, and it is our mission as gun owners to relieve it.

National reciprocity is now on the table. It’s already upsetting the right people.

Miguel reports on an attempt to ban shooting ranges on residential property. NRA is opposing it because it makes no distinction between dense residential areas and rural properties, and because they argue current law is being misunderstood.

I have to agree with Jeff Soyer on this one. I’m not big on giving cops exemptions to generally applicable law. If it’s bad for the police, it’s bad for everybody.

Well, I’m glad the California legislature is taking the prospect of false reports seriously, but I still think there are serious due process concerns with this “Gun Violence Restraining Order” idea.

Good on Vermont gun owners for showing up. Fortune favors those that do. Hopefully we’ll send Bloomberg home with his tail between his legs.

Can’t stop the signal, though Bloomberg apparently thinks he can.

Marco Rubio would seem to be running for President. This is a good thing he’s doing.

Charles C.W. Cooke: “If Mance v. Holder’s Outcome Is So Horrible, Why Did Democrats Offer It Legislatively in 2013?” Because they were willing to trade it for something they wanted. Now we might win it outright, without us having to give up anything.

At least one reporter at Bloomberg News thinks Vermont being gun crazy is some kind of new development. Vermont’s hippies have been better armed than California’s for quite some time.

You knew the antis weren’t going to stop with I-594.

John Lott takes apart yet another Bloomberg “study.”

I think Governor Hogan should at least lend moral support to the cause of freedom. But unless the Dems are booted from the legislature, Maryland is likely lost unless the courts or Congress save it. I’m sure Emily Miller’s appearance at their rally will drive certain antis absolutely nuts.

Constitutional Carry is in trouble in Idaho, apparently. There’s going to be a rally February 21st in Boise. It’s doing much better in New Hampshire, where it’s cleared the Senate and is now on to the House.

Both campus carry and open carry have passed out of committee in Texas. As Bob Owens notes, the preferred version of the open carry bill, the one that would not have required a CHL, is sunk.

Talking to the cops after a defensive shooting, from an attorney.

If you want us to be reasonable, you first. We’d never accept a waiting period in the context of other fundamental constitutional rights. Why this one?

Bob Owens has an idea for how to fix the federal AP ban. The big problem is what defines “designed for use in a handgun.” Is 5.7x28mm designed for use in a handgun or a rifle? I’d like to use a green approach to just go for outright repeal. Dave Hardy isn’s so sure M855 even falls under the statutory definition, since it still uses some lead. That could open the door to lawsuits if the Administration actually drops this hammer.

Christians joining militias in Iraq to fight ISIS.

Shooting the Russian AN-94. I’d love a chance to shoot one, but it never looked to me like a design that would be reliable.

Looks like a Tavor trying to hump a KRISS

Off Topic:

I’d like to shut DHS down for good.

More on M855 Ban: Going Green to Get Rid of AP Restrictions

With an impending rule change on M855, it got me thinking way may be able to use the pressure traditional lead-based ammunition has been put under to either get rid of the federal armor piercing ammunition law. Some of you might remember the hysteria in the 1980s surrounding “cop killer” bullets. This culminated in Public Law 99-408 of August 28, 1986, and signed by Ronald Reagan. The hysteria was further hyped up in the film Lethal Weapon III when gun control was getting its second wind in the early 1990s. Most of the hysteria was over the introduction of KTW bullets, which, and I know this will shock you, were never armor piercing.

Getting through soft body armor is a pretty simple equation; it takes velocity, which any rifle caliber bullet will easily deliver. The antis tried very hard to get most traditional ammunition banned through people’s confusion about the properties of ammunition and soft body armor. The bill that actually came out was one of those false compromises, where they only get a slice of the cake, instead of the whole thing. This was some of the most ridiculous hysteria about guns ever whipped up by the anti-gun crowd and a compliant media, and we ought to demand it be repealed.

Fast forward to today, and the greens want us to get the lead out. Well, what are you going to do when you can’t substitute certain suitable and cheap metals without it running afoul of this poorly considered law? There is absolutely no danger with the public having ammunition that falls under this classification. Even very inexpensive Level IV plates are rated to stop 30.06 AP M2 (black tip) ammunition, and without the plate, any rifle round, whether “armor piercing” or not, and even some very powerful handgun rounds, will go through the kind of soft armor that police wear. Also, as Bob Owens points out, the 55-grain round that the market is likely to fall back on is even more deadly than the M855 round, and will also easily penetrate the type of soft armor worn by police. M855 was mostly sought after by shooters as an inexpensive target round, and that is precisely why, in my opinion, it was targeted. They are cutting off the supply because they can, and because it will price more people out of the hobby.

The entire “armor piercing” ammo law was based on a lie, and if the left really wants to see the shooting sports get greener, shouldn’t they agree to let us make, sell, and acquire ammunition with steel cores and other materials that make good and reasonable substitutes for lead? We can call it the “Green Ammunition Act of 2016.”

Obama Administration Sticking it to Us on Ammunition

Probably anticipating a gun fight with the GOP over the gun issue, the Obama Administration, through the ATF, are proposing jiggering the the definition of armor piercing ammunition in order to include M855. This is absolutely meant to cut off supply of inexpensive surplus ammunition, and screw shooters. It is a giant middle finger from this administration for having the temerity to oppose him. Remember what they tell us:

“You can’t continue to use lead ammunition, because it’s bad for the environment and wildlife.”

“But you can’t make ammunition out of anything other than lead because if you do, it’s ‘armor piercing.'”

They are well aware of the Catch 22 this put us in, and it’s deliberate. And they are hoping that the courts either don’t notice, or don’t care. If the Republicans want to show us they are with us, they’ll not only reverse this, but allow the US military to surplus ammunition once again to civilians. If Republicans really want to show they are with us, they’ll repeal the whole ridiculous “armor piercing” ammunition law entirely. It was always based on hysterics and misinformation, as is most gun control.

Public comment period ends March 16th.

News Links for Monday 02-09-2015

Not much gun news that’s very exciting today, so it’ll have to be news links today for the lot of you. The latest trend in media sites working to ensure no one bothers to read them is now playing 20 questions before you can read an article. I’m not going to play, and won’t make any of you, so if you see that, it’s a mistake. But I will do my best to weed that out. The list of sites so annoying, that I won’t link to them, continues to grow and grow:

Rosa Parks’ experience with firearms: “Very late in the process, the leadership of civil rights groups became concerned that groups like the Black Panthers were damaging their brand, and so swept all that under the carpet.” Sound familiar?

When A+ rated politicians are getting extra DPS protection because of death threats, in Texas, something has gone seriously off the rails.

Eric Holder is a sad, sad panda. I am very happy to disappoint him.

Maryland gun rights groups are having their Second Annual Second Amendment day tomorrow in Annapolis. It seems Minnesota already had a successful lobby day.

Campus Carry advancing in Montana and Wyoming. though the bill looks to be dead in the Virginia Senate.

Idaho is now considering Constitutional Carry. We need to pass this in another state to keep the momentum going.

They’ve never had the numbers to amount to anything. Without Bloomberg’s money the movement would be nothing. It would already be in the dustbin of history.

I think these sites just make up facts when they write stories. Case in point: “The ease of availability of small arms is driving growth in the US guns market. The gun-related incidents of crime and violence are on the rise whilst the convenience and economic factors of smaller arms are making them the weapon of choice for law enforcement agencies.

This writer is clearly under 40, “I never heard of a kid getting shot by a cop because his Star Trek phaser was mistaken for a real gun. It was an era in which toys looked like toys.” Back in the 50s, 60s, 70s, and even as late as the 80s, manufacturers were making realistic looking toys guns, and somehow we all managed to survive.

“Every time the gun lobby attempts to weaken our existing laws, we will show up,” which is why we also need to show up. Never let them own the field. The laws that were passed in Colorado in 2013 absolutely need to be repealed, even if it takes a decade.

SAF is filing a new suit against DC’s new concealed carry laws while Palmer is still in the works. I believe contempt is still an option for the judge in the Palmer case.

We don’t have to guess how hardened criminals will get their guns if universal background checks are passed, because we already know how they get them now: through theft, black market purchases, criminal associates, and straw purchasers. Background checks cannot and do not stop any of these things.” All background checks did was force criminals to use straw buyers.

This gun condom less-than-lethal looks like a magnificently bad idea.

Miguel talks about some misconceptions our opponents have about LEO training.

A man is charged for shooting at DEA agents in a raid. He is claiming self-defense.

Taser Madness!

An enhancement of the FOPA safe-travel provision would be the perfect kind of bill to put on Obama’s desk to dare him to veto. Out them for being the radicals they are.

Joe Huffman takes a close look at Operation Choke point. Dave Hardy notes: “Now, if someone whose bank spurned them would file a Federal Tort Claims Act claim, citing tortious interference with contract, things might get quite lively, especially during the discovery process.” I absolutely believe we should try to file suit over this.

Off Topic:

I always thought hotels that had hourly rates were something of a legend. Apparently not in Philly.

Ian did a post on vaccines here a bit ago, my own view is closer to Ace’s, though, I’d add that epidemics are kind of like fire. It can go from being a not so serious problem to a crisis right quick. Also this.

News of the Day

Sort of a mini-news links, since there’s not honestly much happening today to comment on:

Everytown was on the hunt for victims to exploit, but then something rather unexpected happened.

This is a few years old, from Don Kates, about myths in regards to European gun laws and gun ownership. Europeans are not so disarmed as Americans often think.

Via Tam, some commentary about the M14 that’s riled up a lot of M14 fans. More from Weaponsman.

Shannon Watts hitching her BMW to the wrong horse. The funny thing is these people really aren’t very good at what they do. A decade ago, the Bradys honestly made fewer gaffes. But Everytown has money that Brady could never have dreamed of.

NRA is coming to Emmaus. Gun owners in this state should be very worried, because we’re already showing a lack of ability to hold statewide offices despite the Democrats running really lackluster candidates.

Gun bills return to the Colorado Capitol, but this time, hopefully, it’s our turn.

Good to see Elanor Clift is alive and well, and as ignorant as ever.

News Links for Friday 01-30-2015

It’s about that time again, when the tabs and RSS reader fill up with articles I think are interesting, but I just don’t have much to add. Glenn Reynolds has a post that really speaks the truth, “For me, the real strain isn’t the blogging, but having to pay close attention to the news all the time. The news is usually depressing, when it’s not angering, and that’s doubly true for the Obama years.” Same for me too, but giving up and tuning out is what they want you to do. Here’s some of the news that’s fit to link (and some that isn’t!):

Kansas is looking to pass Constitutional Carry. We could use another win here to keep the momentum going.

Terry McAuliffe is a sad, sad panda.

As much as Shannon Watts might try, she can’t hide her true agenda. This is about registration folks, not about background checks.

Dave Hardy has been covering the latests ATF scandal with the Dobyns case. See posts here, here and here.

The mouth foamers at CSGV are trying to ruin Emily Miller’s career by getting her fired. It makes you wonder why religious organizations support what CSGV does. Isn’t Jesus’ new covenant, “Do unto others as you would want done unto you?” Seems like CSGV spends most of their time crapping all over that idea. Maybe someone should compile a dossier and send it to their coalition members. In the name of transparency and all.

Can we finally put a stake through the heart of more firearms = more crime? The evidence just doesn’t back it up.

Alan Gottlieb’s outfit is getting behind a repeal of I-594. My understanding is that I-594 can’t be repealed except by supermajority until 2016, after which is could be repealed by a simple majority. I don’t give much chance to outright repeal with the supermajority requirement.

NRA-ILA: Pro-gun legislation seeing action in Denver.

New York Sheriff encouraging civil disobedience.

Mom’s Demand pressuring Harris Teeter again. They haven’t had much luck with this schtick since most of the rifle OCing has stopped.

George Zimmerman Not Charged. Dude, it’s time to leave Florida and join a monastery.

Oooh, they raised a whole 7K from a couple of politicians. I’m shaking in my boots. Though, I do give them credit for putting their own money where their mouths are, rather than leaving taxpayers on the hook for all of it. BTW, where is the Brady Center? They were promising all these towns legal defense. Empty promise?

Meanwhile, Philadelphia is looking for ways to preserve its illegal gun laws, but is conceding some of them are going to be “suspended,” whatever that means.

Challenging the BATFE to stop eating crayons. SayUncle also notes that Sig is lawyering up.

I didn’t really report on the whole Bryant Gumbel controversy, because I just don’t give a crap what he thinks.

Chris Hernandez: Saved from “Tyrants”, by Open Carry Douchebags. Needless to say, no punches are pulled.

Chris Hernandez also has analysis of the Charlie Hedbo simulation here and here. There’s an old saying that a lie will get halfway around the world before the truth can even get its pants on. TTAG didn’t get their analysis out until after the media and anti-gun folks (but I repeat myself) had already successfully spread their preferred narrative. This was entirely a self-inflicted wound.

Like a kid caught with his hand in the cookie jar, the FDIC has announced they are very sorry about Operation Choke Point, and won’t do it again. I have to admit, if you had told me in 2008 that the FDIC would be weaponized as a political club with which to beat gun owners over the head, I’d have said you were nuts.

Lawyer 2 Lawyer: Elliot Fineman, Charles Heller, and Professor Nick Johnston are guests to talk about the suit Soto v. Bushmaster. Also, Soto v. Bushmaster was removed to federal court. This is a good thing.

New Hope City Hall shooter acquired his firearm illegally. It had the serial number scratched out. No background check could have prevented this.

Tim at Gun Nuts Media looks at a police shooting: “I DIDN’T WANT TO DO THAT!!” You have to imagine the cop in question has “Am I the next Darren Wilson?,” running through his head the whole time.

Eugene Volokh looks at whether a shooting range can exclude muslims. Answer? Probably not.

Winning the culture wars. Really, carrying through a checkpoint should be a misdemeanor at worst, but generally ought to be only a civil penalty. There should be the option of just fining someone who made an honest mistake. Pay your ticket and be more careful next time.

Remember, the left says they want to bring good manufacturing jobs back to the United States from overseas.

Not shocking: The man who tackled a concealed weapons permittee in a Walmart seems to have some mental issues.