Guns – Page 33 – Shall Not Be Questioned

NRA Burns Florida Carry

I told people at NRA for a while they should do more to fight back against other gun groups who sabotage some of our best efforts when we try to argue not to let perfection be the enemy of good. It seems they are finally starting to do that:

Moms Demand Action should put Florida Carry’s representatives in red t-shirts and give them an award, because in the Senate Judiciary Committee hearing on 12/5/2017 Florida Carry sided with Bloomberg’s Moms Demand Action â€“ NOT Florida gun owners.

Ouch! I have to say, that’s brutal even by my standards. I can feel that burn all the way up here.

Post H.R. 38 Rant

I should be happy that HR 38 has passed the house, but I can’t muster a whole lot of excitement. We’ve done that before, and the Senate has always been the problem house. I’d like to think “We got this!,” but I know realistically we have a hard time getting 60 votes in the Senate. If FixNICS isn’t enough to give a handful of GOP Congressmen cover enough to vote in favor, how do we get to 60 votes in the Senate? Unless the filibuster rule changes, and at this point, I think it should, the Senate is a body that can confirm judges and pass budget bills, and that’s it. Maybe the FixNICS sweetener will get it 60 votes.

I got invited to participate in a Town Hall by Rep. Brian Fitzpatrick last night, and we tried to get in a question about his vote on HR 38. It was interesting that he fielded two callers asking about the Bill, but neither of them knew he had just voted against it, or knew much about it. We made clear to staff queuing callers that we did know how he voted, but the clock ran out and we never got our question in. To the callers he did take, he stated he had issues with the bill, but supported it in concept. Of course, he never stated what those issues were, because he’s a worm. He even wormed his way out of saying whether he voted for or against it. Allowing your constituents to get arrested by the State of New Jersey for bearing arms is not supporting the Second Amendment, no matter how often you say you support it.

All three of them, Fitzpatrick, Meehan, and Costello, are scared to death of Bloomberg’s money, and the ads he could afford to run in this media market. None of this was a factor when the gun control movement was in dire financial straits. Bloomberg coming in with big money was all it took to undo years of progress we had made with lawmakers in this area. I had wondered why Bloomberg wasn’t running ads here, whereas he was in other swing or blue state GOP districts. Now I know; he had their votes in the bag already.

Costello was OK on the issue before Bloomberg brought his billions. Fitzpatrick’s seat has a had a history of anti-gun Republicans, and the Curt Weldon, who held Meehan’s seat for years, was always squishy too. So this isn’t new. But we’re going to need a lot more organization in the Southeast if we’re going to counter Bloomberg’s money. We’re going to need people to care, not take their rights for granted, and be willing to show up and be counted. That’s been the struggle. NRA seems to no longer be interested in real grassroots organization, and has instead started promoting a culture Â that only serves to feed anger and outrage on issues unrelated to guns. How are we going to useÂ all that anger? We have to do this ourselves.

Let us not just talk about Delaware Valley Republicans, who invented the anti-gun Republican, after all. I’d also like to talk about retiring Congressman Massey and Texas Rep. Louis Gohmert, who is spreading the same bullshit. You see, Rep. Massey never supported H.R. 38, if you talk to his constituents. But once it became apparent he’d have to post a vote on it, he started spouting a bunch of nonsense about the FixNICS component of it. So now he gets to go down as Paul Revere sounding the alarm against a boogeyman of his own creation while posting a vote against us. Representative Gohmert seems to have joined him in this.

And yet, a lot of our people are buying this posturing hook, line and sinker. They are politicians. They don’t like the bill. They don’t want to vote for the bill. But rather than coming out and just stating they don’t and have never supported federal civil rights enforcement, they invented a narrative that turn them into the heroes. Even GOA, run by the Pratt family, who I’ve suspected have strong reservations about federal civil rights enforcement, didn’t feel they had the juice to come out against H.R. 38, but they sure were willing to spout bullshit. Another person I’ve long suspected of opposing federal civil rights enforcement is Dudley Brown, and he did not defy expectations either. Do you know why Bloomberg and the anti-gunners were against combining the two bills? Because they feared it would get us the 60 votes we needed to actually pass National Reciprocity, which they know will be a disaster for them. FixNICS is the same kind of thing we’ve done a million times. What’s the old saying? You can lead a bureaucrat to water, but you can’t make him do his fucking job? Or something like that.

I get that GOA and NAGR hate NICS, and I don’t think it’s worth a whole lot either. But as long as it’s the law of the land, and for the foreseeable future it will be, we have an interest in seeing it function well and do what it’s supposed to do. If extra funding for NICS gets us the biggest civil rights victory since FOPA, I’m willing to make that trade.

H.R. 38 – National Reciprocity – Passes House

Here’s the vote tally. It is not too much of a surprise my worm of a RINO Congressman voted no. Maybe I’ll volunteer for Dean Malik in the primary. Malik may or may not have a chance, and it would throw that seat to the Democrats, but that’s probably what’s going to happen anyway. Both the Fitzpatricks have been awful on this issue, and awful in general.

I don’t expect them to be all “machine guns for everybody” in a district in the Philadelphia Suburbs, but this isn’t going to help the GOP pick up those working class voters they will need to stay in power in an area where, among educated people, Progressive Democrats are successfully creating a monoculture. This was not the issue to show “independence” on.

Oh well, we didn’t need their votes anyway. On to the Senate …

National Reciprocity Vote Today

As we await the House vote on National Reciprocity, of course we have to be our own worst enemies. Seen from Evan Nappen on the Book O’ Face:

GOA has always hated NICS. NO new prohibited persons are created here. Letting a prohibited person get a gun does not help the dealer OR the person. If you have outstanding parking tickets and a warrant is out for you — pay your tickets, and PRESTO, you are no longer a prohibited person. Fix NICS will help get National Reciprocity over the goal line in the Senate which is the toughest fight.

That’s what bugs me: the implication that this bill does something new. If you have an outstanding warrant, you’re already a prohibited person under the law. That’s been the case since 1968. It’s that “Are you a fugitive from justice?” question on the 4473. And Evan is exactly right: no one benefits from the system clearing people that shouldn’t clear.

There’s a big question of whether Brian Fitzpatrick will vote with us. He’s one of three PA GOP lawmakers who is not a cosponsor. A lot of people here know stories of people getting into trouble in New Jersey with guns, and Fitzpatrick’s district shares its border with New Jersey. I’d really like to not have to “sanitize” my car every time I have to cross over the river.

Yep: Nothing like having to quash “fake news” from our “friends” the day before a critical vote on a major piece of legislation.

How Philadelphia Plans to Shut down Convenience Stores that Sell Beer

If you’re Councilwoman Bass, you’ll put them out of business by making them easier to rob.

A controversial bill under consideration would require liquor stores to pull down the bulletproof glass they currently use to protect their clerks. After all, liquor stores are often prime targets for robbery. The glass keeps clerks safe, at least to some extent, and now it needs to come down.

These store owners tend to be Korean, so the accusation is being thrown around that the motivation for this is straight up racism. These business technically operate as restaurants. Convenience stores can’t sell alcoholic beverages in Pennsylvania, so what some stores do is to have a limited menu of items, apply for a liquor license as a restaurant, and then sell takeout, which restaurants are allowed to do.

I covered this issue some time ago, about the double standards at work here, and was very proud to have the current Mayor of Philadelphia tell me to go eff myself. You sell 7% ABV beers to white hipsters and no one cares. Do the same in minority neighborhoods and the world is coming to and end and we must stop it. Hard for me to agree there’s no racial issues at work here. I get the concern over social problems, but last I checked, dealing drugs, public intoxication, and public urination (all mentioned by Councilwoman Bass) were all crimes. Maybe address those issues, rather than targeting people who run the stores and ultimately their customers, many of whom probably just want a beer at the end of a hard day like we all do.

It is absolutely beyond the pale that this Councilwoman would see people get shot and stabbed. She should be ashamed for even proposing this. I would argue that armor are arms, and a bill like this should be properly found unconstitutional under the 2nd Amendment.

Movement on National Reciprocity

House Judiciary Committee approves HR38 by a 19-11 vote. Lately we’ve had some argument within the community about the powers National Reciprocity, and the power thatÂ is based on.

H.R.38 should be amended to (1) unhinge it from the constitutionally- antagonistic Commerce Clause doctrine, and (2) expressly provide statutory protection of the fundamental, individual rights under the Second Amendment made applicable to the States and local governments by the Fourteenth Amendment.

I’d note that H.R. 38 does not go into any detail about which federal power it’s based on, and frankly, it doesn’t have to. There’s not requirement that Congress enumerate what powers it’s using and it doesn’t always do this. Any and all arguments about this being within Congress’ enumerated powers can and will be made when this law is inevitably challenged in Court. There is more than one power that plausibly supports H.R. 38 and the Fourteenth Amendment is one of them.

But whether the constitutionalist in us all likes it or not, the most solid framework National Reciprocity rests on is the commerce clause. This shouldn’t be, but based on existing court precedent, it is. There are serious Bourne issues arguing the 14th Amendment. So here’s the question: do you want to win, or do you want to participate in a constitutional debating society? Note that the test cases for this are likely to involved good people risking many years in prison. I’m absolutely comfortable arguing anything that will prevent this from happening. My conscience will be clear, because if the Courts actually did their jobs, the Constitution would mean you can carry anywhere already. If I have to fight within the framework they created to achieve that, so be it.

Understand that the entire felon-in-possession statute, all of 18 USC 922(g), 922(o), rely on “that has been shipped or transported in interstate or foreign commerce.” The federal courts are going to be very reluctant to start rocking that apple cart. But yeah, we could be pure and only make the 14th Amendment argument. And the courts, which are going to be looking six ways from Sunday to invalidate National Reciprocity, especially in the hostile jurisdictions it’s likely to face challenge in, will just cite Bourne and be done with it. Off to jail with the unlucky bastard who ends up being the test case. Good luck with life on the inside while you await your appeal.

No, we make the commerce argument, along with anything else that could possibly uphold this. It might not please the constitutional debate society, but I’m tired of that shit. I want to win. I want our rights protected, and I don’t care if I have to work in whatever shitty framework the courts have laid out for me.

People Will Lose Their Gun Rights Over This

I’ve already largely stopped posting Facebook on my personal timeline. I still keep my account for my blog and club, and the occasional comment thrown around. But this makes me want to swear it off entirely.

This is software to save lives. Facebookâ€™s new â€œproactive detectionâ€Â artificial intelligence technology will scan all posts for patterns of suicidal thoughts, and when necessary send mental health resources to the user at risk or their friends, or contact local first-responders. By using AI to flag worrisome posts to human moderators instead of waiting for user reports, Facebook can decrease how long it takes to send help.

I can’t really tell you how much I loathe social media. I’d love to see these companies crash and burn. They are doing nothing to make our lives better. When I was growing up, I was promised my future would be all Mars bases and Flying Cars, and Facebook is what I get? OK, sure, I got the Star Trek PADD and communicators, but what do we use them for? That’s right. Cat videos.

You see, it’s not that I am now or have ever been suicidal. I’ve said before, that I will never be suicidal is something I can pretty much guarantee. I like existence too much. But I don’t trust this not to have a lot of false positives, and there are very real consequences to alerting the authorities that someone might be a danger to themselves or others; loss of gun rights being the primary issue for this blog.

In many states, even an observational trip to the loony bin will land you a state and federal prohibition. Pennsylvania is one of them. If you ever find yourself in a situation where first-responders show up concerned that the Facebook AI has determined you’re going off the deep end, make sure you go voluntarily. Make sure you tell everyone you deal with you’re there voluntarily. Because if they take you against your will, now you have much bigger issues if you own guns. Even if they let you go, if you haven’t made arrangements, if you arrive home to a safe full of guns, congratulations, you’ve just made yourself a felon in addition to having to endure contact with the state mental health system.

Hardly a Surprise

SCOTUS has denied cert in the Kolbe case challenging Maryland’s assault weapons ban. They have also denied cert in Norman v. Florida challenging Florida’s ban on open carry.

Heller and McDonald are all we’re getting out of this court. That much is apparent. We need to change one, possibly two justices on the Supreme Court of we’re going to take the Second Amendment any further. That’s just the way it is.

This Genie Isn’t Going Back Into the Bottle

Apparently Gabby Giffords’s group is pushing to shut down web sites that sell CNC equipment and 80% lowers. I’m old enough to remember when “Information wants to be free!” was a core ethos of the early days of the Internet. Seems quaint now.

The gunman who killed his wife and four others in a rampage in Northern California earlier this month had been barred from having guns but built two semi-automatic rifles at home that he used in the shooting, authorities said. Federal officials are sounding the alarm about an increasing black market for homemade military-style semi-automatic rifles and handguns.

California already requires home building to apply for and affix a serial number to home made firearms so they can be registered. I’m going to bet our Northern California whack job here didn’t comply with this particular requirement.

Don’t ever let anyone get away with arguing that the assertion, “gun control laws are useless because criminals break them anyway,” is an argument for having no laws at all. We punish people for crimes like assault, robbery, murder because those crimes in and of themselves are a moral wrongs, and those crimes have victims who deserve justice. Absent the rule of law, victims would seek their own, much harsher justice. We form governments largely to prevent this.

Since nearly everything you can do to misuse a gun involves violating one of these malum in se laws, and since all those crimes are generally quite serious, the purpose of these gun control laws can’t be to seek justice after the fact, but rather deterrence. And if the purpose of these laws is deterrence, why is it improper to argue it fails at its basic purpose?

To get back to the point, you can try to make the 3D printing and CNC genie go back into the bottle, but it won’t. You can pass laws to outlaw making guns at home, but who will it deter? It’s fair to argue it’s only going to deter people with no criminal intent. If that’s the case, what good is the law? Wouldn’t a law that fails at its basic purpose, but only serves to limit the freedom of people who are no threat to anyone be unjust?

Of Course they are Touting PICS as a Model

Since getting off PICS is one of our legislative goals, Everytown has to push this notion that PICS is a model system. Anyone who’s ever gone to buy a gun in this state and been delayed because PICS was out to lunch would probably beg to differ. Of course, what they are touting as a model is Pennsylvania’s reporting procedures, which to me doesn’t matter one way or another if those records are being reported to PICS or NICS. It sounds like they are being reported to both. So why the redundancy? Why spend tax dollars on PICS when we could just use NICS and let the feds pay for it.

We know the answer: if we used PICS, it would throw a big wrench in the State Police’s illegal-legal registry. And we can’t have that now, can we?