Happy Monday and the News

Lots of stuff in the tabs this week:

Talking to your kids about gun safety. I can find little to argue with here, unlike this event which looks like a political agenda disguised as common sense, despite their assurances.

Slate is disappointed more people who have gun accidents don’t go to jail. Well, the one guy was a felon, so he wasn’t legally allowed to have a gun to begin with. The problem with a lot of these “common sense” laws is that they are difficult to enforce.

Is the Obama Administration the cause of the gun and ammunition shortages?

For squirting a water gun at her boyfriend, this woman is now stripped of her Second Amendment rights. That is the law. Don’t you feel safer? (h/t Instapundit)

Obamacare visualized. If you can’t get on the exchanges, try ehealthinsurance.com. Though I notice individual plans have more than doubled in price for crappier coverage.

Price Law Offices takes a look at Commonwealth v. McKown, and also talks about dispatching injuries deer.

These people appear to genuinely believe that some law or set of laws will actually prevent school shootings from ever happening.” And at least one anti-gun blogger we all know and love seems to think that if something happens, that means it’s legal.

Californians are getting into the recall game.

He’s the only one responsible enough.

Sarah Palin got invited to appear on Piers Morgan, but she’s a little busy.

Another SAFE act failure.

Our most disastrous war.

Remember, be careful when leaving America.

 

Is This What Gun Control Advocates Want?

This is what gun control means, at the end of the day, and all over a single empty shell casing:

Police based their search on a charge made by Mr. Witaschek’s estranged wife, who had earlier convinced a court clerk to issue a temporary restraining order against her husband for threatening her with a gun, although a judge later found the charge to be without merit.

After entering the house, the police immediately went upstairs, pointed guns at the heads of Mr. Witaschek and his girlfriend, Bonnie Harris, and demanded they surrender, facedown and be handcuffed.

In recalling what followed, Mr. Witaschek became visibly emotional in describing how the police treated him, Ms. Harris and the four children in the house.

His 16-year-old son was in the shower when the police arrived. “They used a battering ram to bash down the bathroom door and pull him out of the shower, naked,” said his father. “The police put all the children together in a room, while we were handcuffed upstairs. I could hear them crying, not knowing what was happening.”

This is what gun control means. It means guns being pointed at you and your family. It means sixteen year olds being dragged out of the shower naked because their father is in unlawful possession of a hunk of inert brass.

And for the gun control folks out there, and I know you guys lurk, I actually want to see you justify this. Tell me, is how we should treat citizens in a free society? Do we need to call out the gestapo over brass and a forgotten dud shotgun round? Because this is what you advocate, and you should face the ugliness of the reality you advocate, rather than to only revel in the idealistic fantasies you invent to justify it all.

New Ruling in Pennsylvania on Reciprocity and Second Amendment

In Pennsylvania Superior Court, the case is Commonwealth v. McKown. The court rules that Pennsylvania residents are required to have a license to carry issued by Pennsylvania, and that residents cannot lawfully carry on licenses issued by foreign jurisdictions, even if reciprocity exists. What’s the court’s reasoning? Because the law says anyone wishing to carry a concealed firearm must apply to his or her sheriff (or Chief of Police for Philadelphia) for a license, which implies that the legislature intended Pennsylvania residents to have Pennsylvania license. This means if you’re a Pennsylvania resident, and are carrying on the license of another state, you are breaking the law. This is a very odd reading of the statute in question, and took quite a stretch, I think, for the court to reach. And if that’s not enough, the “constitutional and criminal law frontiersman” raised Second Amendment claims too.

We point out that neither the Second Amendment to the United States Constitution, nor the Pennsylvania Constitution, bestows on any person the right to carry a concealed firearm or transport a loaded firearm in a vehicle. As noted above, the right to keep and bear arms is not absolute, and governmental restrictions on possession of firearms are permitted. Heller, 554 U.S. at 626-627. Here, the statute in question, 18 Pa.C.S.A. § 6106, while falling within the scope of the Second Amendment, merely restricts hidden guns and the transport of loaded guns by those persons who do not have a license. We discern no error in the trial court’s conclusion that, under intermediate scrutiny, section 6106 does not violate the Second Amendment or the Pennsylvania Constitution …

… Pursuant to these police powers, we conclude that 18 Pa.C.S.A. § 6106 serves to protect the public from persons who would carry concealed firearms for unlawful purposes. This is an important governmental interest, and section 6106 is substantially related to the achievement of that objective. Thus, we discern no error in the trial court’s conclusion that section 6106 does not violate the Pennsylvania Constitution.

Well, glad to see that went over so well. But wait, we’re not done yet. He also raised the claim that the Sheriff abused his discretion under the character and reputation law:

Sheriff Nau explained Appellant’s license had been revoked after he struck a person while highly intoxicated. N.T., Sentencing, 9/1/11, at 40. Sheriff Nau also testified that, had Appellant applied to have his license reinstated, he (Sheriff Nau) would have denied the request. Id. at 41. Despite Appellant’s letters in support of his good reputation, we discern no error in the trial court’s conclusion that, based on Appellant’s prior behavior and the testimony of Sheriff Nau, Appellant was not otherwise eligible for a license. Thus, there was no error in the grading of the charge.

So basically the eligibility protection to avoid sentencing enhancement is meaningless if the Sheriff can provide testimony he would have denied your application had you applied. Thanks to this “constitutional and criminal law frontiersman,” the rest of us get to enjoy the train wreck he just created. This train wreck is also brought to you by the Allegheny County Republican Party, who floated the judge who wrote this opinion. She’s not up for recall until 2017 too. The concurring judge is filling in a vacancy, but is a Philadelphia Republican as well. Also, I’d note that you know things are going to go pear shaped when a Court feels the need to say something like this in a footnote:

1 We note with displeasure that Appellant’s brief contains single-spaced text in violation of Pa.R.A.P. 124(a)(3). The trial court cautioned Appellant on this failure as well, and it admonished counsel to double space the text in his filings. Commonwealth v. McKown, 9 Pa. D. & C. 5th 183 (C.P. Centre 2009).

But he’s a frontiersman! Folks, if you’re going to challenge laws, hire a competent attorney. The rest of us have to live with the decisions of judges when you challenge the law without a workable plan and without the necessary skills, so please, don’t do it.

It’s Working in Illinois

Our voices are being heard.

Mayor Rahm Emanuel’s plan to impose mandatory minimum sentences for illegal gun possession was pulled from a House panel’s agenda Tuesday for further negotiations after it faced almost certain rejection from state lawmakers.

The Chicago Police chief makes an appeal to prosecutorial discretion, “contending that prosecutors would have discretion on the charges they level,” when faced with pushback about otherwise law abiding people getting ensnared by Rahm and Bloomberg’s trap. Don’t ever believe that. If there’s one thing we know it’s that prosecutors only discretion is whether they think they have a chance at a conviction, and when it comes to guns in Chicago, it’ll be the law abiding who end up with the book thrown at them, because they don’t have anything else to bargain away.

Increase Cost of Carry Permits

Luzerne County Councilman Rick Morelli wants to raise the concealed carry permit to $150 dollars in order to close a budget gap. This is why the law does not give counties the power to set the fee. If they actually go through with this, they need to be sued. You’ll also love this gem:

“Please note I very much support the second amendment where people have the right to keep and bear arms from impingement,” he wrote. “I also believe that we need tougher gun control laws. Since owning a fire arm (sic) is a privilege, I believe the people who want a permit will pay for it even at a higher rate.”

You support the Second Amendment, but owning a firearm os a privilege? It’s like they are parrots who just mimic the words and have no idea what they are saying. The really sad part is that, as best as I’ve been able to tell, Councilman Morelli’s views on the Second Amendment have the full support of our nation’s court system.

Campus Carry on the Hot Seat in Pennsylvania

There are currently fourteen Pennsylvania State Universities that are looking at their concealed weapons policy, citing recent court decisions, and a concern for being good neighbors. I tend to think that the regents of state universities are political subdivisions of the state, and therefore preemption should apply to them. Currently, there’s no law in Pennsylvania that prohibits someone with an LTC from carrying on a college campus. Most colleges and universities ban firearms from campus by policy rather than law.

Meetings, Meetings, and News

As you might be able to tell, Friday posting is getting more difficult for me, since Friday is basically wall-to-wall meetings for me these days at work, and I’ve been busy enough with other work things to not really have time to do post-aheads the night before. Technically we have launched our new product that I have been working on since starting the new job nearly two years ago, but things don’t really get started until we make a sale. We’re getting pretty close, but it’s still crunch time. But with that, here’s the news for Friday, even though it’s Saturday.

Celebrate diversity. Wait, aren’t they pacifists?

Jim Geraghty has been pretty pessimistic about Ken Cuccinelli’s electoral prospects. McAullife has been throwing the standard “War on Women” playbook against Cuccinelli, who is a darling of social conservatives. Why does this tactic work so effectively in swing states? This is a question the GOP needs to ask itself.

What caliber for giant killer hornets?

JayG has landed a job as a professional gun writer! Congrats! Also in the “Congrats” genre, Weer’d is now father to a new baby girl.

Crushing dissent mercilessly. But hey, we’re told nothing like that could ever happen here by the same kinds of people.

People are upset Magpul hasn’t up and moved yet. Our company is currently looking to move, because we’re running out of space at our current location. We’re only a 25 person company. Trust me, even finding the right space takes a good bit of time. I would advise patience among gun owners.

“Common sense” used to involve banning guns.

I hope the Supreme Court puts the smack down on this practice among federal prosecutors, because it’s egregiously wrong.

Bloomberg has his fingerprints all over Rahm’s push for new gun control laws.

 

News Links for Wednesday

Looks like the government shutdown may be ending soon, leaving the press free to move on to other things which are the Republican’s fault. Hopefully this means some more gun news, which I’ve noticed is picking up a bit:

Revocation rates for Florida concealed handgun license holders remains very low. Our opponents strategy has been to play up the high profile stories, in hopes people don’t understand how rare is really is.

Pennsylvania is becoming a landing place for businesses and gun owners fleeing the horrible gun control laws in bordering states. I just hope everyone who comes realizes we have a fight on our hands here too. First up is keeping Tom Corbett in office.

Paul Ryan is getting a challenger who is appears will focus on the gun issue.

The stakes grow in the new recall effort in Colorado. Jim Geraghty notes: “Hudak seems like a natural target, as she won just 51 percent of the vote in 2008 and won last year, 46.9 percent to 46.4 percent.”

Protesting NRA headquarters. This reminded me it had been a while since I made a donation.

NY State police release a SAFE act guide for enforcement. The police won’t be able to inspect magazines for 7 round compliance without probable cause a crime has been committed. Do traffic crimes count? What if the gun is taken during a terry stop?

New Jersey’s smart gun law may end up triggered. You’d have to wear their crappy watch. The fact that LEOs are exempt is the clue it’s all a fraud. But with this development, the guns in New Jersey will at least be smarter than the politicians.

The raid was a success you see… the found some pot in the guy’s kid’s room.

A win in court for part time residents of NY. The whole opinion can be found here.

California proof of the slippery slope.

Guns Save Lives day moved to December 15, rather than on the anniversary of the Newtown massacre.

Mayor Rahm grasping at straws trying to appear to get tough on guns. Some say opposition to crap like this means we don’t want to put criminals in with guns in jail. More like we don’t want to make ordinarily law-abiding people into criminals because they violated some arcane, bureaucratic law.

To Thank, Or Not to Thank

There’s an interesting discussion thread over at Calguns.net speaking about whether or not it’s the right thing to do to thank Governor Jerry Brown for his veto. The discussion that continues below is worthwhile. While I don’t have a lot of time for people who think the reason we lose is that other people aren’t fighting hard enough, and who thinks all it takes is a “take no prisoners” approach and we’ll never lose, I do think the poster in question has a point.

I don’t see any reason Californians should be bending over backwards to thank Jerry Brown for signing four gun control bills into law, several of which aren’t exactly trivialities. Yes, Brown vetoed the worst of the bills, but splitting the baby shouldn’t exactly be enough to earn gushing praise from us. Remember that Schwarzenegger was fond of splitting the baby on guns, and Californians did nothing but continue down the slippery slope during his Administration.

I’d especially consider that the bill Brown vetoed would have been something I would have been more comfortable taking to court than any of the other bans that have been passed to date. I wouldn’t have hoped for him to sign it, but it does speak to motivations. Brown has kept his state out of an expensive court fight that could cost California not only its new ban, but the whole Roberti-Roos regime, depending on what the courts decided to say on the issue. Several other states ban would have been put at risk too. If I were an anti-gun strategist on the other side of the issue, I would have been quietly (or perhaps not so quietly if I had access to Governor Brown’s people) urging him to veto it. As an anti-gun crusader, I’d much rather take my chances with the 2nd Circuit over New York’s SAFE act than deal with a blanket semi-auto rifle ban in the 9th circuit. So let’s not pretend he did this because he’s just oh so concerned about our gun rights.

Every grading scale I’ve seen for politicians has A through F. Brown split the baby down the middle. His thanks can be having a C instead of an F.

Gun Control Advocates Looking to California

They want to adopt the 5150 hold as the national standard. Under California law, anyone who ends up with a 5150 is barred from firearms possession for a period of five years. Pennsylvania law is actually nearly identical on this matter, except that we call it a 302 commitment, and the ban is for life instead of 5 years, though in both cases you can petition to have your rights restored. The 302 commitment is routinely abused, as any firearms attorney in this state will tell you, and it sounds like California is no different.

Davis said his case files are filled with people who say “stupid stuff” and then lose their gun rights for nothing more than a brief emotional outburst.

Among them: A man fired by his employer who cried, “I wish I was dead,” during the exit interview; a woman who filed a sexual harassment claim against a supervisor and had not eaten or slept because of workplace stress; and a motorcycle accident victim who had taken too much medication – leading hospital staff to fear he was attempting suicide.

The medical establishment has repeatedly demonstrated hostility to the right to keep and bear arms, therefore I am against giving them power over that. I’ve heard of too many cases like this, where individuals with 302 commitments for bogus reasons end up having to very quickly find a place to store their firearms, to avoid having them turned over to the police and destroyed. Remember, when you get a 5150 or 302, if you already have a collection, if you can’t find anyone to take it within a very short amount of time of your commitment, you lose it. Whether a $500 Glock or a $20,000 collection is no matter. There has to be due process here, and what gun control advocates want to do doesn’t amount to that.