Guns – Page 1143 – Shall Not Be Questioned

David Makes Some Good Points

Over at WarOnGuns, David Codrea posts in response to my post few a few days ago.Â I agree with several of David’s points.Â Namely:

As for Mr. Sawders’ letter, again, I agree it would not be advisable to send such a missive if the goal was to persuade Judge Hendren to “do the right thing.” What I reject is that anyone is capable of writing such a letter.

The judge has proven he is a creature who considers stare decisis the supreme law of the land. He will be guided on the sentencing by what the prosecution wants and what the guidelines and precedent say.

I essentially agree here.Â I do think there are a lot of folks out there who feel, rightly, like they are backed against the wall on the gun issue.Â I also agree that there is often no right case, and sometimes you have to go to court with a less than ideal case because it’s the right thing to do.Â What I do want to discourage is people getting themselves arrested with the intent of pushing a case through the courts.Â There might come a place and time for that, and when it comes, we’ll need folks like Mr. Fincher.Â I will post later on what the ideal first case might look like as a theoretical exercise, but David is right to point out you don’t always get to do things ideally.Â He’s also correct to point out:

is the court will rule it an individual right, but so narrowly, and with such deference to “compelling state interest” and “reasonable restrictions” as to make very little difference in terms of hampering new legislation to outlaw “assault weapons” again, “close the gun show loophole,” retain and share NICS data, etc., and of course, in terms of enforcing “existing gun laws.”

This is definitely something to be afraid of, and a big fear of mine as well.Â I’m not going to say much else about the topic of Mr. Sawders’ letter, because I don’t really want to stir up trouble within the community, and I am sympathetic to many of his arguments.Â We’re all on the same side, and while I think it’s good to air out differences in strategy and tactics for time to time, we need to keep our energy focused on the real opposition.Â Especially with the media seemingly bring gun control back to the surface in a big way.

Can’t Get Excited

I’ve noticed a few hits from Google and a few other sites for the Kriss Super V, along with some speculation about whether there’d be a civilian version. I’ve always been one that, if you take the machine gun out of submachine gun, it just doesn’t really interest me.

I can accept semi-auto versions of assault rifles, because assault rifles are generally most useful with the selector on semi-auto, with burst and full auto mode being only for those oh so special occasions. Don’t get me wrong, I’d rather have M16s and M4s in my safe, than AR-15s, but I still think semi-auto ARs are great weapons in their own right, and worth owning and shooting.

But give me a semi-auto version of a submachine gun, and I just want to cry. Same with belt fed, semi-auto versions of classic machine guns. It’s just sacrilege. These weapons are meaningless as semi-automatic arms, and that’s why I don’t plan on making anything belt fed acquisitions until I can collect proper examples, that function the way God, and John Moses Browning, intended them to function.

It Makes a Guy Want to Cry

Take a hard look at this picture, and check out the caption, because it’s important:

http://www.pagunblog.com/blogpics/bonfire6.jpg

A police officer lights a bonfire of confiscated rifles at the Lake Tanganyika stadium in Kigoma, Tanzania. Some 2,000 guns were surrendered last year under a program to rid the country of illegal weapons.

So next time you hear pricks like Bloomberg yammering about illegal guns, remember this picture. “Illegal guns” is just their latest slogan. “Gun control” didn’t work. “Gun safety” fizzled. Now they think they found a meme that will actually spread, and will cause the public to associate “guns” with “illegal”, which is what they want them all to be.Â Bloomberg and his ilk would like nothing better than to bring this image to America.

Hat tip to Hit and Run

Accusing Federal Judges of Treason is Definitely “How Not to Win”

I don’t enjoy criticizing members of our own community, especially when I think their hearts are in the right place. But I have to make exceptions when I think they are doing something that’s really damaging to the community as a whole. I’ve stated my opinions on the Wayne Fincher case before, but I noticed this appear WarOnGuns earlier that makes me want to bring it up again:

What was your price? What was offered you in that meeting with representatives of the prosecution that seems to have caused a complete reversal of what you had stated only the day before? Was it reward? Was it threat if you did not cooperate?

To sum it up in one question, “What price treason?”

Folks,we’re really not going to accomplish anything by antagonizing the federal judiciary. In fact, it’s going to seriously hurt us. These are the same federal judges we’ll be relying on to, someday, rule in our favor and throw out a gun law because of the second amendment.

The judge in the Fincher case was bound by the precedent of 8th Circuit Court of Appeals, which holds that the Second Amendment is a collective right. I don’t think he was bribed or coerced into treason. I think he was made aware of controlling precedent in his circuit, which he was perhaps not initially, and also made aware that as a district judge in that circuit, he was bound by that precedent.

I may not agree with our court system’s near worship of stare decisis, especially in a case, such at this, where the precedent is clearly wrong, but it’s how the system works. If you want to work within the system, you have to deal with and understand these issues. We must be exceedingly careful when dealing with the courts, and judges.

We’re getting into territory where if we play our cards wrong, the judiciary will read the right to bear arms right out of the constitution. Maybe some of the anti-government types out there would love to have something like that to prove that our government is hopelessly corrupt, and beyond hope, but I think most of us would really like to fix this issue the proper way.

In order to fix it, you have to have the right case, the right defendant, and the right council. I’m sorry, but this case isn’t it. I don’t say this because I don’t care that Wayne is in prison, or because I think the precedent is correct. I say this because having the Supreme Court throw out the NFA is the only way we’re ever going to, once again, have the right to own machine guns. Going after the NFA straight out of the gate, with a defendant who is a militia member, in the 8th circuit, which is one of the most hostile ones, is a great way to make sure we get more precedent on the books when we eventually do go after the NFA in the Supreme Court. You can bet they will scrutinize every lower court ruling when coming to THAT decision. So please. Let’s not give the anti-gunners more ammo in court.

If you must write the federal judge that presided over the Fincher case, be polite, and stick to intelligent, well reasoned, and non-accusatory arguments that are grounded in the law. You will never win someone over to your cause by accusing them of having been bribed to commit treason. I would have hoped that was obvious to all of us.

Being Full of Crap Is Dangerous

According to Clifford M. Herman, over at the Seattle Post Intelligencer, bowing down to the NRA is dangerous. Let’s take a look at what he has to say:

The arguments favoring the private ownership of handguns in this country are based on two myths.The first myth is that the Second Amendment to the Constitution guarantees private citizens the right to own handguns.

The fact is this. The Second Amendment, in its entirety, states “A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The National Rifle Association has succeeded brilliantly and cynically in convincing the public that the amendment consists only of the part that follows the comma.

You should check your facts, because most of the recent scholarship out on the second amendment has rejected this model and embraced an individual rights view. Even liberal scholars, such as Larry Tribe have embraced an individual rights model of the Second Amendment.

The second myth is that every private citizen needs a handgun to protect his loved ones and property against intrusion by burglars. This is a pernicious untruth. As a longtime trauma surgeon at Harborview Medical Center, the main center for treatment of all kinds of wounds and injuries, I cannot recall a single patient who had been shot by the resident of a private home while attempting to burglarize it. I believe my surgical colleagues would agree with that assessment. It is far more likely that a young boy finds a loaded handgun in his parents’ bedside table and either he or a playmate gets shot while playing with it.

This would be news to Dr. Gary Kleck, criminologist at Florida State University, who’s studies estimate about two and a half million defensive gun uses annually, the vast majority of which do not result in anyone being shot. Most criminals break off the attack when confronted with someone prepared and willing to defend themselves. The truth is there are many of these types of defensive uses around the country every day, if you had ever bothered to look.

Those are the two myths responsible for the ubiquitous presence and use of handguns in Seattle and elsewhere in this country. They attest to the ignorance of our citizens and our laziness in not even reading and learning the history of the Second Amendment to our Constitution.

I’m sorry sir, but it is you who are the lazy and ignorant one, not us. It’s not exactly a good way to persuade folks by claiming that of people who simply don’t agree with you. Honestly, it makes you look like an arrogant prick. Handguns are ubiquitous and present in our country because Americans, whether you accept it or not, have a constitutional right to keep and bear arms to defend themselves and their families. Read what the founders have to say about the subject, and you’ll understand why you are wrong. People aren’t ignorant just because they choose to make the wise decision not to rely on the police, who can’t always be everywhere when some criminal chooses us as his mark.

The obvious truth is that only police and other law-enforcement officials should be allowed to have handguns in this country. Private citizens have no legitimate use or need for them, and they should be barred from possessing them. Period

So do you want to pay to have the police follow me around everywhere? No? Then don’t be so arrogant as to presume to make choices for me when it comes to my own personal security. Stick to medicine doc. Leave the gun subject to the people who actually know what the hell they are talking about.

How’s This for Home Defense?

This is a pretty interesting shotgun.Â I didn’t realize if you pistolized a shotgun if qualified as an AOW.Â I think because it doesn’t have rifling in the barrel.Â This could be good for someone who is in a small house or apartment with tight corners, where a full sized shotgun might be too cumbersome to wield.Â Pay your $5 dollar AOW NFA tax, and one can be yours!

“The Courtâ€™s door should be knocked only with the utmost seriousness and preparation.”

So says Steven Halbrook in his latest law review article.Â I was going to say something about this but, damn you Geekwitha45, you took the words right out of my mouth.Â The money quote form the law review is

While there is room for optimism, one presents a Second Amendment case before the Supreme Court with great risk. New rights are discovered with extra-legal phraseology like â€œliberty of the person both in its spatial and more transcendent dimensions,â€67 and explicit rights â€“ to include core political speech68 â€“ are swept away. The first case the Supreme Court takes on the merits of the individual-collective rights issue will be critical. This area of the law is no exception to the precept that the Courtâ€™s door should be knocked only with the utmost seriousness and preparation.

Go read what Geekwitha45 has to say! Â I don’t really have much to add.

I’ll Second That Endorsement

Apparently Sandy Froman has quite a collection of NFA items. What’s not to love about that? I’ll be happy to second that endorsement. I would really like to see the NRA doing more to stick up for those of us who own, or want to own, arms covered under the National Firearms Act. Getting rid of it would be nice too, but one step at a time.

UPDATE: Bitter offers a much more rousing endorsement of Sandra Froman than I could possibly muster.Â She’ll definiely be on my ballot, and I hope yours too.

Philadelphia Foot Fettish Attacker

This guy is just asking to get shot. When he grabs for the shoes, that’s always a good opportunity to paint the sidewalk with this guy’s brains. This is why more women need to carry, especially in a city with as many warped human beings as Philadelphia.

“I used to walk my dog early in the morning before I went to work, all around the school, now I just stay on Parrish. I take my cell phone, sometimes I talk to someone. It’s scary,” said Fairmount resident, Kathleen Bannon.

Yeah, that cell phone is really going to help. I wish the media and politicians would stop perpetuating this myth that cell phones will protect you.Â Talking to someone on your god damned phone is an invitation to a robber, because it means you aren’t paying attention to what’s going on around you.Â Paying attention will protect you a lot more than any friggin cell phone.Â By the time whoever you’re talking to calls the police, you’re either out your money, and your shoes, a rape victim, or you’re a stain on the sidewalk.Â My guess is this shoe fetish attacker is a seriously dangerous individual, more so than ordinary armed robbers, and need to be stopped before he kills or rapes someone.Â But you won’t hear anyone in Philadelphia suggesting women take self-defense classes and get licensed to carry weapons.Â No, just carry a cell phone.Â If you’re lucky, the police will show up before you become a statistic.

Mosin-Nagant Humor

I ran into this really amusing bit while looking for info about the Mosin-Nagant over at 7.62x54r.net. We’re all familiar with the AR vs. AK fights. Well, the die hard Nagant lovers think they have a leg up in that debate:

Stuff you know if you have an AK	Stuff you know if you have an AR	Stuff you know if you have a Mosin Nagant
It works though you have never cleaned it. Ever.	You have $9 per ounce special non-detergent synthetic Teflon infused oil for cleaning.	It was last cleaned in Berlin in 1945.
You are able to hit the broad side of a barn from inside.	You are able to hit the broad side of a barn from 600 meters.	You can hit the barn from two counties over.
Cheap mags are fun to buy.	Cheap mags melt.	What’s a mag?
Your safety can be heard from 300 meters away.	You can silently flip off the safety with your finger on the trigger.	What’s a safety?
Your rifle comes with a cheap nylon sling.	Your rifle has a 9 point stealth tactical suspension system.	You rifle has dog collars.
Your bayonet makes a good wire cutter.	Your bayonet is actually a pretty good steak knife.	Your bayonet is longer than your leg.
You can put a .30″ hole through 12″ of oak, if you can hit it.	You can put one hole in a paper target at 100 meters with 30 rounds.	You can knock down everyone else’s target with the shock wave of your bullet going downrange.
When out of ammo your rifle will nominally pass as a club.	When out of ammo, your rifle makes a great wiffle bat.	When out of ammo, your rifle makes a supreme war club, pike, boat oar, tent pole, or firewood.
Recoil is manageable, even fun.	What’s recoil?	Recoil is often used to relocated shoulders thrown out by the previous shot.
Your sight adjustment goes to “10”, and you’ve never bothered moving it.	Your sight adjustment is incremented in fractions of minute of angle.	Your sight adjustment goes to 12 miles and you’ve actually tried it.
Your rifle can be used by any two bit nation’s most illiterate conscripts to fight elite forces worldwide.	Your rifle is used by elite forces worldwide to fight two bit nations’ most illiterate conscripts.	Your rifle has fought against itself and won every time.
Your rifle won some revolutions.	Your rifle won the Cold War.	Your rifle won a pole vault event.
You paid $350.	You paid $900.	You paid $59.95.
You buy cheap ammo by the case.	You lovingly reload precision crafted rounds one by one.	You dig your ammo out of a farmer’s field in Ukraine and it works just fine.
You can intimidate your foe with the bayonet mounted.	You foes laugh when you mount your bayonet.	You can bayonet your foe on the other side of the river without leaving the comfort of your hole.
Service life, 50 years.	Service life, 40 years.	Service life, 100 years, and counting.
It’s easier to buy a new rifle when you want to change cartridge sizes.	You can change cartridge sizes with the push of a couple of pins and a new upper.	You believe no real man would dare risk the ridicule of his friends by suggesting there is anything but 7.62x54r.
You can repair your rifle with a big hammer and a swift kick.	You can repair your rifle by taking it to a certified gunsmith, it’s under warranty!	If your rifle breaks, you buy a new one.
You consider it a badge of honor when you get your handguards to burst into flames.	You consider it a badge of honor when you shoot a sub-MOA 5 shot group.	You consider it a badge of honor when you cycle 5 rounds without the aid of a 2×4.
After a long day the range you relax by watching “Red Dawn”.	After a long day at the range you relax by watching “Blackhawk Down”.	After a long day at the range you relax by visiting the chiropractor.
After cleaning your rifle you have a strong urge for a stiff shot of Vodka.	After cleaning your rifle you have a strong urge for hotdogs and apple pie.	After cleaning your rifle you have a strong urge for shishkabob.
You can accessorize you rifle with a new muzzle brake or a nice stock set.	Your rifle’s accessories are eight times more valuable than your rifle.	Your rifle’s accessory is a small tin can with a funny lid, but it’s buried under an apartment building somewhere in Budapest.
Your rifle’s finish is varnish and paint.	Your rifle’s finish is Teflon and high tech polymers.	Your rifle’s finish is low grade shellac, cosmoline and Olga’s toe nails.
Your wife tolerates your autographed framed picture of Mikhail Kalashnikov.	Your wife tolerates your autographed framed picture of Eugene Stoner.	You’re not sure there WERE cameras to photograph Sergei Mosin.
Late at night you sometimes have to fight the urge to hold your rifle over your head and shout “Wolverines!”	Late at night you sometimes have to fight the urge to clear your house, slicing the pie from room to room.	Late at night, you sometimes have to fight the urge to dig a fighting trench in the the yard to sleep in.
There you have it. In the end, it is clear to any open minded inquirer that the Mosin Nagant is the most superior weapon of all time, but the AR and the AK come out as a draw when compared side by side.