DOJ Puts the Smackdown on Bloomberg

This is great!

The New York Daily News reported Thursday that Michael Battle, director of the executive office for United States Attorneys at the Department of Justice, sent the letter warning Bloombe rg’s administration that it could face “potential legal liabilities” if such sting operations continue. Battle also said the Justice Department will not be filing criminal charges against any of the 15 gun dealers targeted by Bloomberg’s 2006 lawsuits over alleged “straw man” purchases. Such operations lack “proper law enforcement authority,” Battle’s letter stated.

UPDATE: Original NYDN article here

According to a letter sent to City Hall, the Bureau of Alcohol, Tobacco, Firearms and Explosives and various U.S. attorneys’ offices have determined the city’s findings against the 15 dealers “do not rise to a level that would support a criminal prosecution.”

Great right? Well, maybe not:

Asked if the Bloomberg administration plans to stop conducting the sting operations, Deputy Mayor Ed Skyler said, “Not necessarily.”

“The city hasn’t violated any laws,” Skyler said defiantly, adding that the city will continue to pursue its civil lawsuits against the gun dealers.

I think the ATF needs to start arresting people if they try this stunt again. Starting with Bloomberg. It would seem hs administration isn’t taking this letter as fair warning.

Adoption of the M16

Chris Byrne asks, “Who’s at Fault for the M16?

Actually, much of why McNamara made the decision, was because he was supremely pissed off at the Army Ordnance board at their deception (and they were continuing to insist the trials were legitimate even after the report came out). McNamara felt that he needed to force the board to heel.

Initially the AOB absolutely refused McNamaras order that the M16 be adopted. McNamara forced the AOB by direct order to retry the weapon, with ARPA as an overeseeing agency. The board dickered so much, and insisted on so many changes to the rifle; in fact saying that even with the changes it was unsuitable; that McNamara ordered that they adopt the M16 as is, with no changes, anyway.

Those changes were actually rather important; including the chrome bore, the forward assist, and a different twist rate for the rifling. They would later be implemented in the M16A1 (and later revisions); but because of the boards hostility with McNamara, they were not put into the intial production models as issued.

After McNamara overruled the board completely, they went about deliberately making sure the M16 would fail; because they wanted it to be a spectacular disaster, so they could go back to the M14 and give McNamara a black eye.

Great post!  Be sure to go read the whole thing.

Crime Can Hit Close to Home

We’ve been having a rash of robberies in a neighboring township.

At an Exxon station near the 7-11, a thief recently made off with $1,000s and beating a clerk with a hammer.

In the 7-11 robbery, the clerk opened the door for the robber, which is normally locked due to several recent robberies. The camera captured the suspect hurdling the counter and brandishing what police said was a 6 inch revolver.

The suspect grabbed about $100 in cash before shooting the clerk and running away.

“As he is moving to the back of the store, he shoots him in the back, the bullet goes through his back and ends up being lodged in his chest,” said Lt. MacPherson.

I don’t live in a high crime area, but this highlights the importance of not getting complacent.  Given this guy has beaten one clerk with a hammer, and shot another, if I happen to be in a store when a robbery goes down, after reading this, I’m not giving the robber the benefit of doubt.  It’s important that we all be prepared, and carry at all times we’re legally able to. Even in normally quiet neighborhoods, you can attract the criminal element.

What’s Going on With the NSSF?

Dave Hardy points to an NSSF1 statment warning gun owners about Rudy Giuliani and his record. Now, I totally agree with the NSSF on the matter of Giuliani, but what doesn’t make sense to me is why the NSSF is cozying up to Mitt Romney, who’s record on the second amendment is nearly as despicable.

What has Romney promised or stated to you guys that make you feel okay about him? I’d really like to know. I don’t exactly trust the NSSF, because it was the manufacturers that got us the GCA ’68 importation restrictions. I don’t always expect that NSSF’s interests align themselves nicely with the shooting community, but they aren’t doing themselves, or us, any favors by blowing kisses to someone this early in the game. Especially someone like Romney, who has a record of banning cosmetically incorrect guns, among other things.

1For the non-gun blogger types that read, the NSSF is the National Sports Shooting Foundation, which is the group that represents the interests of the gun industry. Despite what the anti-gunners say, the NRA does not represent the industry, they represent the shooters. The two organizations don’t always have like agendas. Romney was invited to SHOT, which is the NSSF’s trade show, a few weeks ago.

What’s Our Responsibity?

Ahab has an interesting post about our responsibilities as armed citizens, in regards to our obligations to defend others:

There seem to be a couple of schools of thought on this issue, which I’ll divide into three major camps. Camp A would say “Absolutely, being armed gives you the obligation to assist if at all possible”, Camp B would say “Absolutely not, your only obligation is to defend your life and the lives of your family”, and finally Camp C seems to say that “You should do what’s appropriate to the situation at hand.” Of course, that seems kind of wishy-washy, but at the same time I’m more comfortable with that than I would be the absolutism in Camp A or Camp B.

I think I’m firmly in Camp C. It really does depend on the situation, and I think it has to. I do think we have an obligation to help others in trouble, even if it means risk to ourselves, both physically and legally, but it has to be circumstance sensitive. In using deadly force in protection of others, one has to be exceedingly careful, but if we find ourselves in a situation where something must be done, and we’re the only ones around who are capable of doing it, it’s our duty.

We should leave the situation to the police when that is the prudent path, but I don’t think it’s just the police and military that responsible for the safety and security of our communities, states and nation.  We all have a role to play.  As armed citizens, we should not run around acting like police officers, because we are not; armed citizens should become involved only in dire life and death circumstances.  But I strongly believe that, as members of a society, and citizens of a nation, we have an obligation to be prepared and ready.  You never know when circumstances might call on you to go from citizen to soldier.  Look at the brave folks on Flight 94, who, on that day, answered the call, with no weapons and no training, and gave their lives to save others.  I don’t think we should expect less of ourselves.

Bloomberg Under Federal Investigation

According to tan SAF press release, the ATF has begun an investigation into New York Mayor Bloomberg’s “sting” operation against out of state gun shops:

Five months after the Second Amendment Foundation called on U.S. Attorney General Alberto Gonzales to investigate New York Mayor Michael Bloomberg for obstruction of justice relating to Bloomberg’s rogue “sting” operation against gun retailers in five states, the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives has confirmed in a letter that an investigation is underway.

Great news! Not much more detail than that, since the ATF is claiming that it can’t comment on an active investigation, but for everyone who called the ATF, it would seem it has paid off. The letter can be seen here.

Some Advise For Rudy

Rudy has a terrible problem with the Republican base on a number of issues. He could probably get away with being pro-choice and pro-gun, or pro-life and anti-gun, but he has a huge obstacle to overcome with two powerful Republican coalition partners in being pro-choice and anti-gun. Glenn Reynolds points us to a post over at the Jawa Report:

Gun control is a landmine for Rudy Giuliani. When it comes to guns, Rudy’s got a terrible track record to deal with. So far, his message sucks. Based on Rudy’s messaging on guns, I’ll guarantee you most gun owners are still actively shopping around. If Rudy doesn’t get some solid advice on guns and start listening to it, gun control could be the issue that sinks his candidacy.

This is spot on. Rudy is a candidate who, so far, offends me little other than on this issue. I think his leadership post 9/11 was exemplary. I agree with his views on Iraq and fighting militant Islam. I’m perfectly fine with him being pro-choice, because I don’t think abortion should be illegal. I’m comfortable with his position on gay rights, because I am in agreement with him here as well. I don’t like that he had an affair, but if that disqualified you from public office, we’d be without a government (maybe that would be a good thing). The gun issue, however, it’s enough to keep me from voting for him.

My advise to Rudy would be to first look at what he really thinks. Where’s his heart on the issue? That’s the first question that he needs to answer before he can take the next step. So if his heart is with restricting gun ownership, which I suspect it is, he needs to say it this way:

As someone who is a native of New York City, I have never been a fan of guns. I certainly governed that way as Mayor of New York. I know that my personal opinion on this issue is not popular among the party faithful, but you have my assurance that I will not pursue a gun control agenda as president, and I will veto any legislation from Congress that infringes on your second amendment rights. You also have my assurance that I will nominate judicial candidates that faithfully interpret our constitution and the Bill of Rights. I may not ever agree with all of you on guns, but I’m not a stupid politician, and you can rest assured that I will defend your interests as president.

There will always be the question of credibility with this kind of spin, and it might not be enough to overcome my distrust of Giuliani on this issue, but it’s still a better statement than he’s making right now. I’m looking for some honesty out of Giuliani; he’s not going to get anywhere with me by weaseling around his record. I can accept that politicians can feel one way personally, but understand their personal views don’t make for good politics. I’ll never be convinced that Bush is really, at heart, any more pro second amendment than Rudy is, but Bush knew being Republican and anti-gun was political trouble, so he tried to play the middle, while throwing us a few bones here and there. Rudy has a record though, and it deosn’t speak well to us. There’s no slithering around that.

What if Rudy is really of the opinion that gun control really doesn’t accomplish anything? Unlikely, but not impossible. If Rudy, in his heart, really isn’t in favor of gun control, here’s another way to distance himself from his record:

As Mayor of New York City, I would never have gotten elected if I ran on a pro-gun platform. In New York, you have to be anti-gun. Just like you’re not going to be pope if you’re a protestant, New York City is the Vatican of gun control, and I would have been failing my constituents by pushing a pro-gun agenda. I’m not personally a gun guy. I don’t shoot, and I don’t hunt, because – hey – I was born in Brooklyn. But I don’t plan on making gun control part of my agenda as president, and I will veto any new gun laws that come out of the Democratic congress. I will also nominate judicial candidates that faithfully interpret our constitution and the Bill of Rights, including the second amendment.

I could buy that line of reasoning, but I think Giuliani really does personally believe gun control is a useful and positive thing, and that’s really the heart of the problem. What you believe on this issue tells me a lot about how you view government, and it’s relationship with its citizens. Giuliani might be able to approach the gun issue in a way that will make me vote for him as a “lesser of two evils” choice on guns, but there’s little chance I’ll ever really trust him on it, which is a shame, because he’s someone I could enthusiastically get behind otherwise.

Rudy on Guns

Much like Ed Rendell, Rudy Giuliani is another big city politician, who has ambitions for higher office, trying to convince us that he won’t infringe upon our second amendment rights, except for, you know, where it’s reasonable to infringe upon them. Let’s see what Rudy has had to say about guns in the past:

“My position for many years has been that just as a motorist must have a license, a gun owner should be required to have one as well. Anyone wanting to own a gun should have to pass a written exam that shows that they know how to use a gun, that they’re intelligent enough and responsible enough to handle a gun. Should both handgun and rifle owners be licensed? We’re talking about all dangerous weapons.” – Boston Globe, p. A4 Mar 21, 2000

“We need a federal law that bans all assault weapons, and if in fact you do need a handgun you should be subjected to at least the same restrictions — and really stronger ones — that exist for driving an automobile.”

“This is an industry that is profiting from the suffering of innocent people. What’s worse, its profits rest on a number of illegal and immoral practices. This lawsuit is meant to end the free pass that the gun industry has so long enjoyed.”

“The more guns you take out of society, the more you are going to reduce murder. The less you take out of society, the more it is going to go up.”

“Someone who now voted to roll back the assault-weapons ban would really be demonstrating that special interest politics mean more to them than life-or-death issues.”

“I’m in favor of gun control.”

But now that he needs our votes?

“It’s part of the constitution. People have the right to bear arms. Then restrictions have to be reasonable and sensible. You can’t just remove that right. You got to regulate consistent with the second amendment.”

And which part of “shall not be infringed” is unclear? I don’t need a license to start up a blog, because you don’t license or regulate a right. Giuliani is dancing around the issue, and it’s not impressing me. I think there are ways Giuliani could shed this liability, but I’m not buying the way he’s going about it.

Some Democrats Really On Our Side

I alluded to the fact that the gun ban movement was desperate to keep gun control on the radar screen. What I suspect has been happening, is the anti-gun folk expected the Democratic Congress to give them some real traction on their issues, and, are now finding themselves shut out, with a few sympathetic ears in the leadership, but a leadership who nonetheless aren’t willing to do anything.  This has thrown them into a bit of a panic.  While I don’t think we can safely call the Democrats our friends on the gun issue yet, far from it, I do think it’s good to point out when some Democrats do things that warrant our praise.

Sure, we have two faced Democrats, like Ed Rendell, who have a long and glorious history of doing everything they can to crap all over our right to bear arms, then suddenly give lip service to us to win elections, while undermining us behind the scenes. To be fair, we have more than few Republicans that fit into this category as well.  But we do have some Democrats that are really on our side.  Max Baucus of Montana is a good example of a Democrat who is willing to take up leadership positions on outdoor sporsman’s issues and work to preserve our rights.  I point you to this press release by Max Baucus, where he announces he’s heading up the Congressional Sportsman’s Caucus along with Mike Crapo (R-ID):

2nd Amendment Protection: Baucus said he will fight any attempts to erode Montanans rights to keep and bear arms.

Now, we’ve heard this line from Democrats before.  We should be skeptical of any Democrat who says this, and doesn’t put his money where his mouth is.    One could point out that the CSC is mostly a pro-hunting caucus rather than a pro-gun caucus, and this would be true.  But he’s cosponsoring S.388, the National Reciprocity Bill, and that speaks loudly.

I may have problems with Democrats on other issues, and even the National Reciprocity Bill I oppose as it’s currently drafted because of federalism concerns, but I think it’s good to highlight Democrats who are willing to fight for us and thank them for their support.

Ed Rendell on Guns

For those of us in the gun blogosphere, I think it’s important to highlight another reason to loathe the politics of Ed Rendell. Let’s see what Ed hast to say on guns:

“I believe with all my heart that we need more gun control” – Press Conference 10/3/2006

“I believe with every ounce of feeling that I have that there are far too many guns.” – Reason Magazine 7/1998

“I just can’t say publicly what we want to do, we have to take these things slowly.” – Overheard conversation with an anti-gun activist while running for Governor.

“What I’m going to try mostly to do is convince the legislature to let Philadelphia have the right to pass its own gun laws. We had that, when I was mayor, up until 1996 – then they took it away from us. I’d like them to give us that right back,” [Sebastian: It was taken away because the city tried to pass its own assault weapons ban and wouldn’t issue carry licenses]

“The sheer cost of defending these suits would be hard on the gun industry”.

“The impact of so many cities’ filing suit all at once would be monumental for manufacturers. . . . They don’t have the deep pockets of the tobacco industry, and it could bring them to the negotiating table a lot sooner.”

“I might sue the entertainment industry for glorifying gun violence.”

“I favor the one-gun-a-month legislation that’s passed in Virginia and South Carolina, which limits handgun sales to one gun per month”

“I thank the Brady Campaign to Prevent Gun Violence for their continuing support and their commitment to making Pennsylvania a safer place to live.”

“Neither the City nor the State are in the business of selling weapons; we are in the business of confiscating them.” Letter to a Pennsylvania resident, December 7, 1993

“To the people of Philadelphia, guns aren’t used for sport, guns aren’t used for recreation. Guns aren’t even very successfully used for protection. Guns are used for killing people.” ABC Nightline, May 26, 1998

“Rendell said that, as a city prosecutor, he had never seen a defensive gun use, and that as far as he was concerned, he had never heard of a defensive gun use. He said that he didn’t believe they occurred.” – John Lott relaying a confrontation with Rendell in 1999

And yet Rendell likes to say:

“There is nothing that I want to do to take a gun away from a hunter or a law-abiding citizen.”

Pardon me if I think you’re full of shit, Ed.