Thursday News

Thursdays and Fridays are proving to be quite busy for me lately, so I’m essentially doing something work related most of my waking hours on those days. So I just don’t have as much time for the blog those days. Today I need to go pick up an arcade cabinet for a project we’re working on for the office (we work hard, and play hard). So here’s the news:

Pennsylvania Democrats use an image of Corbett in the crosshairs. Remember, it’s only OK when they do it.

Hickenlooper is on the defensive when it comes to defending his gun control laws. He needs to stay on the defensive. This issue needs to keep dogging him. I can only hope the GOP can get their act together and float a candidate that can take Hick down, but I’m not holding my breath.

White House responds to gun free zone petition.

How a comma probably didn’t give Americans the right to keep and bear arms.

Sometimes the courts get it right.

Rob Portman strikes back at the gun control crowd.

If you’re teaching a class on gun safety, please don’t shoot your students.

California Approaches the End Game

The anti-gun bill package advances in the California Assembly. The bill package would:

  • Ban all semi-automatic rifles that accept any detachable magazine.
  • Ban possession of any magazine holding more than ten rounds. No grandfathering.
  • Create ammunition registration, and require background checks for ammunition purchases.
  • Create a roster of approved long guns in addition to handguns.

I expect this to pass. In truth, I’d feel a lot better going into court arguing against such a broad semi-auto rifle ban than I would even challenging the SAFE act. That’s no reason not to prevent this from passing, because I don’t have high expectations for what federal judges are willing to do, but I’m just saying.

Having lost on the handgun issue in court, those who disapprove of civilian gun possession now are trying to achieve their end game on the only thing they think they can; long guns. We really need the courts to rule you can’t ban semi-automatic rifles in common use any more than you can ban handguns in common use.

And does anyone argue this isn’t part and parcel of their plans for every other state, or federally, if we let them get away with it? I happen to believe Pennsylvania could topple sooner than many in the state today think.

Guns on a Plane

Interesting article in Global Travel Industry News, where they ask people about whether they’d carry a firearm on an aircraft if such a thing were allowed. A surprising number of people responded yes. I would be among the “yes” respondents if asked, and much for the same reason as this person:

For Hawaii-resident Jeff Sumitani, he would carry his gun on a flight not for the reason that one would think. He said: “As with anything, if it’s rare or expensive, I would rather have it with me. [The] same thing with a gun. I [would] rather take care of it on the plane instead of letting the airline handle it without my supervision.”

When I’ve flown with firearms in checked baggage, I’ve always spent more energy worrying about whether the gun was going to get to the destination along with me, than about terrorists on the plane or anything else. Making it legal to carry guns on planes isn’t honestly on my radar, I think we have bigger fish to fry, but the responses were interesting.

Pressuring Gerlach to Sign on to King-Thompson

King-Thompson is the House version of the Manchin-Toomey compromise. Of the area GOP reps, Rep. Mike Fitzpatrick (PA-08) and Rep. Pat Meehan (PA-07) have already caved to pressure from Bloomberg and CeaseFirePA and signed on as co-sponsors.  Rep. Jim Gerlach (PA-06), so far, is holding out. Bloomberg is now trying to change that, by using some anti-gun state reps in a “Women’s Roundtable” to discuss gun violence.

It’s worth noting that despite attempts, our ground effort in Fitzpatrick and Meehan’s district is not as strong as it should be for the number of gun owners. It’s much stronger in Gerlach’s district. Politicians respond to incentives, and it’s a lot easier to bring politicians along when “gun rights” is something they see regularly in their districts.

Fire This School Board Next Election

Hard to believe school officials thought this was a good idea in Arizona:

A school district in a generally rural section of northwest Tucson, Arizona is asking the parents of high school students and junior high school students to pledge never to use guns or violence to resolve problems.

Well, if that problem is someone breaking down my door at 3AM, pardon me if I don’t think that might be a problem that needs to be solved with guns. From the pledge:

“I will teach, including by personal example, my teenager about the dangers and consequences of the misuse of guns and weapons, and I will keep any guns I own under lock, away from school grounds and away from my children.”

And yeah, back to the example, that might be a problem if I’m getting my door kicked in at 3AM. I’m guessing this is probably a school district with some problems, but parents who live in neighborhoods with problems have rights too.

An Obsolete Right?

A well thought out and written article on the Second Amendment, but it comes to a common and what I think is wrong conclusion:

This may have been fine when the Amendment was first conceived, but considering the changing context of culture and its artifacts, might it be time to amend it? When it was adopted in 1751, the defensive-power afforded to the citizenry by owning guns was roughly on par with the defensive-power available to government. In 1751 the most popular weapon was the musket, which was limited to 4 shots per minute, and had to be re-loaded manually. The state-of-the-art for “arms” in 1791 was roughly equal for both citizenry and military. This was before automatic weapons – never mind tanks, GPS, unmanned drones, and the like. In 1791, the only thing that distinguished the defensive or offensive capability of military from citizenry was quantity. Now it’s quality.

This is a pretty common argument. I’ll grant him, for the sake of argument, that the Second Amendment is primary founded on resistance to tyranny, even though our Courts seem to be more focused on the self-defense aspects of the right.

The chief mistake people make in this line of thought is to assume war is killing. That is not really the case. War is the use of force in an attempt to impose your political will onto others. Killing is just a means to accomplish that. If it were just about killing, the wars in Iraq and Afghanistan could have been settled in about thirty seconds, but they weren’t. Our goals in both cases was to impose a less outwardly militant democratic system of government on a population that had no tradition of it. When it comes to defeating an opposing army, all the things that make governments so remarkably powerful matter quite a lot. When it comes time to actually impose your political will, those things matter a lot less. A man in a tank can’t impose his will on me, he can only kill me. To impose his will he has to get out of the tank, plane, or ship, and essentially go from being a soldier to being a policeman, and at that point, we become a lot more equal. If our government ever wants to kill us, lots of us, we’re screwed. We have a much better chance resisting the imposition of someone else’s political will. It can be argued that firearms aren’t as important in that equation as other things, and I might agree with that, but such resistance is not beyond the reach of motivated individuals. The philosophies and attitudes that the right to keep and bear arms engenders in a population is likely just as important, if not more important, as the instruments of exercising that right.

A Right Unused …

Tell me if you’ve heard this one before?

Much like a muscle that atrophies with disuse, any right that goes unexercised for many years devolves into a privilege, and eventually can even be redefined as a crime.

Is this really true? I haven’t exercised my Third Amendment rights ever in my lifetime. I don’t know too many other folks who have either. Yet the Third Amendment is doing so well, the government hardly ever violates it. Additionally, despite a dearth of case law, those which have come up ruled pretty decisively in favor of the right of the citizen. Further, no one seriously argues that the Third Amendment is wrong and ought to be repealed. The Third Amendment is doing pretty well despite falling into disuse!

Now, let’s take a look from the other side. People exercise the right of home ownership pretty regularly, and we trek about with our persons, papers and personal effects on a regular basis. Yet it takes the barest of any pretext for the police to search the ever loving crap out of your personage and vicinity, because most searches have been deemed “reasonable” by the courts. If the Second Amendment ends up being in as poor a shape as the 4th Amendment, by the time all this is said and done, I’ll cry.

I think this is a eloquent way to simply a complex issue to the point where it’s a pleasing thing to think, but doesn’t reflect reality. The answer is the loss of rights is a lot more complex than whether you use it or not, and our community shouldn’t delude itself into thinking otherwise.

Monday News

This person thinks gun owners who rush and panic to buy “assault weapons” ahead of a government gun control law in Maryland are acting like children. Must be hard to look down on your fellow citizens to such a strong degree.

Fudging the numbers for murder.

Clayton notes that heart surgery is best avoided. We’re glad to see he’s on the mend. My grandfather had his valve replaced in his mid-60s and while his recovery was much longer, afterwards he felt better than he had in years.

More talk about the army switching side arms.

Interesting Massachusetts gun rights case.

Stop and frisk ruled unconstitutional by a US District Judge, because the targets are disproportionally minorities.

ALEC fights back against Dick Durbin.

California politicians are looking to savage your rights anew.

The New Hampshire Supreme court rules that for a gun to be considered loaded, it actually has to be loaded.

Moms pushing for gun control in Morristown.

Can I get an amen?

Inside NRA University.

Detroit man says Stand Your Ground kept him out of prison.

It’s a Little Thing Called the Bill of Rights

Writing in the Inquirer, area attorney Gregory Sullivan writes about the recent Third Circuit decision in Drake v. Folko, upholding New Jersey’s carry restrictions:

Letting the permit law stand is consequently the best result. But why are federal judges even involved in this area?

Do we question why federal judges are involved in cases like freedom of the press or freedom of religion? No, because it’s a fundamental right guaranteed by our constitution. It doesn’t emanate from penumbras like some recently discovered rights. It’s right there staring you in the face.

Moreover, the Constitution provides no help on how to assess gun regulations.

I don’t think “shall not be infringed” is any less clear than “Congress shall make no law.”

Prior to Heller and McDonald, our gun laws were the subject of frequent and robust debate in state legislatures. They were being revised as needed, and voters maintained ultimate control over them. With the Heller-McDonald catastrophe, that control is almost completely lost. The complex policy questions on gun-carry laws will now be decided, ultimately, by a small group of lawyers in Washington at the Supreme Court.

Yes, that’s generally how enforcement of constitutional rights are supposed to work. Does this guy read the same Constitution the rest of us do? Rights are supposed to be beyond the reach of the political process. That’s the whole point. There are certain debates state legislatures shouldn’t be able to have, like whether or not to allow newspapers to be published freely, what kind of books you can own, and yes, whether or not an ordinary Joe can carry a firearm.

Third Party Opinions are Always Useful

Paul Barrett, the author of “Glock: The Rise of America’s Gun” is someone I’d classify as outside the gun culture looking in. He’s been willing to learn and take the subject seriously, which is more than you can say for a lot of journalists. A comment tipped me off to an article in Bloomberg Businesses Week he essentially comes to the same conclusion I did over the weekend in regards to appreciating Starbucks by grabbing your AR and heading out for some coffee.

They have the right in most states to carry firearms openly. But the now-annual Starbucks Appreciation event is a gratuitous attempt to rile the portion of the populace made uncomfortable by open display of firearms. In a country with sharply divided attitudes toward guns, why purposely provoke one’s neighbors?

So what do I win here? It’s a reasonable question. Normalizing rifle OC? Well, I don’t OC, and I certainly wouldn’t ever OC a rifle around suburbia for the hell of it. So it’s no real prize for me, or most of us. I’d also note that there are still a few states where OC is illegal, even for pistols, and this kind of display is going to make fixing that more difficult as politicians start debating whether they really want to open this potential can of worms.

What’s interesting in all this is I believe the folks who engage in pistol OC have actually somewhat accomplished their task. Pistol OC won’t grab headlines very much these days, and the police are starting to understand the law better. In that sense, it has become more normalized. It’s now dog bites man as far as the news is concerned. This would be great except, and people will hate me for saying this, OC has always been attractive to attention seekers. I’m not saying everyone is, but it’s hard not to observe that some in the OC crowd really want their 15 minutes. I’ve been wondering if the rifle OC phenomena isn’t driven by a need to up the ante in order to keep the attention coming in.