From Across the Rubicon

SayUncle points out that Wyoming is telling the feds to go to hell in regards to a lot of their less-than-civil-rights-respecting laws.  Montana did a similar action with federal gun laws.  These are largely symbolic gestures, because despite all this, Montana and Wyoming are still committed to being a functioning part of the United States.

But what if they weren’t?  What if the federal government crossed the Rubicon of gun control?  We often like to think that the federal government will meet mass resistance should the “knock on the door” ever come, but they probably won’t.  Lone individual action will not be how an onerous federal gun measure will be successfully resisted.  No doubt some individuals will try, with the end result being those individuals end up dead, possibly along with their families.  I don’t think the answer to the “Crossed Rubicon” problem lies in relying on that possibility.  The knock won’t likely come from men in jack boots, disarming people to ship them off in cattle cars and toss them into ovens.  It’ll come from a happy, smiling government that wants to take care of everybody, and surely you don’t need guns in such a happy utopia.

Most non-sociopathic human beings have powerful mental programming that prevents them from going against the tribe.  It’s easy to say “I’ll shoot any son of a bitch that comes for my guns.” from the comfort of a lounge or living room.  It’s quite another thing to actually do it; to put a fellow countryman in the cross hairs, one that’s likely to represent a government that looks more like Sweden than 1930s Germany, and actually pull the trigger.  It is not something the vast majority of law abiding people are capable of doing.  I have no doubt some will, but the numbers will be very small, too small to make any difference in the end.  Such action will likely strengthen the resolve of those who want to bring us paradise.

Whether we realize it or not, Wyoming and Montana are showing us how it could be done, effectively done.  They key to resisting an unconstitutional federal government is state action, but something more than mere symbolic action.  What if, for instance, Montana declared that federal gun control was invalid and unconstitutional, and threatened to arrest any federal agent who entered Montana to enforce it?  How far would the federal government be willing to press Montana?  What are other Americans willing to sacrifice in order to impose gun control on states that don’t want it?  In this hypothetical scenario, Montana would have to be deadly serious about enforcing their edicts.  Attempts by the federal government to impose control over the situation would need to be met with quite real threats of secession, along with the attendant violence that could go along with such an audacious move. Montana would essentially be asking the nation a very serious question “Are you so intent on gun control that you’re willing to risk the cohesion and integrity of the United States, and to risk violence against the citizens of several of our states to enforce it?”  Unless Americans change greatly, the answer to that is probably going to be no, and it would offer a peaceful way for the federal government to retreat back across the Rubicon.

This scenario offers three very important things — It offers people, who want to resist, the legitimacy of a functioning, lawful government to rally around, as an alternative to dying in a desperate, lone action.  It offers a means of collective confrontation with the federal government that wouldn’t have to turn violent except as a final resort, and finally it offers an opportunity for the proponents of gun control to back down from the brink.

The question second amendment advocates need to be thinking about isn’t “Where’s the line in the sand where I start shooting.” but “Where’s my line in the sand where I start lobbying my state government to stand up to this crap?”  We have to keep the spirit of defiance alive in our state cultures.  Secession has a lot of negative connotations to many people, since the last time we did it, it was in defense of slavery, but its possibility a critical aspect in the balance of power between the federal and state governments.  It is the ultimate trump card, one that must be played with utmost care, but it must be kept in play.  That’s tough in an age where all the states suckle at the federal teat, but if we’re to remain under a federal government limited by the a constitution, more states have to start acting like Montana and Wyoming, and be willing to tell the federal government to go to hell, with all the terrible consequences that statement could have if they were to one day be serious about it.

Judicial Pay

There’s a movement to increase the pay of federal judges, currently being lead by Justice Roberts.  I agree that we probably should be paying federal justices competitively.  Here’s why:

The cost of not [addressing the pay disparity] will be a decrease in the quality of an increasingly important judiciary — and a change in its perspective. Fifty years ago, about 65 percent of the federal judiciary came from the private sector — from the practicing bar — and 35 percent from the public sector. Today 60 percent come from government jobs, less than 40 percent from private practice. This tends to produce a judiciary that is not only more important than ever but also is more of an extension of the bureaucracy than a check on it.

Absent competitive pay, the only reason someone has to take a federal judgeship is to power and prestige associated with the position, or a lack of ability in the private sector.  That’s probably the type of person we don’t want sitting on the bench.

Unlikely

Over at Subguns.com, an accusation that politicians are registering machine guns and selling them to finance their campaigns.  The whole theory seems to hinge on this:

The Hughes Amendment had an interesting side effect. If you read Chapter 18, 922 (o) it is not a ban per say but demands Government approval for the manufacture and sale of a machine gun after May 19,1986, the date of enactment. There have been rumors floating around for years that certain politicians have been registering machineguns and selling them. 

922(o) is pretty short and sweet:

(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2) This subsection does not apply with respect to—

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

But you can’t really just read 922(o), which is part of the United States Code, and represents an Act of Congress.  You also have to look at Code of Federal Regulations Title 27, particularly 479 Subpart G, which are all the regulations promulgated by ATF under its authority granted by Congress for the purpose of registration of machineguns.  There is no Congress Critter exception to the ban.  It has been completely unlawful to register a fully transferrable firearm since May 19, 1986.  If this is going on, it’s illegal, and people could go to jail.  Color me skeptical, though.

High Taxes Driving People to Move

Interesting article.  Luckily, Pennsylvania has company, and we’re not even really the worst.  People are fleeing Michigan in droves.  Followed by New Jersey.  Pennsylvania is 42nd in terms of percentage of outbound moves.  California has lost the most in sheer numbers. Why?

“When California faced a Mount Everest-sized $14 billion deficit in 2003, one of the major causes for the red ink was the stampede of millionaire households from the state,” Laffer and Moore note in their report. “Out of the 25,000 or so seven-figure-income families, more than 5,000 left in the early 2000s, and the loss of their tax payments accounted for about half the budget hole.”

People don’t like high taxes?  Who knew?

The Golden State also has tarnished itself among less-wealthy persons. Moore said migration trends based on moving company data show California had the second-highest domestic population outflow of any state in 2005 “despite the beautiful weather, beaches, and mountains.”

California budget officials are predicting another $14 billion deficit this year, although the state has some of the highest tax burdens in the nation. The state budget has ballooned from $79.8 billion in fiscal 2004-05 to $102.3 billion this fiscal year, a jump of 28 percent.

Makes you wonder if Californians were really better off voting for Arnold, who has ruled more like a Democrat than a Republican, than they would have been with Cruz Bustamante.  The California political establishment likes big government, and those that don’t are voting with their feet.

Pennsylvania is in trouble too.  We have a particularly difficult time keeping young people in this state, enough that it was a campaign issue for Rendell.  It’s amazing when I go to DC, the difference in demographics.  Bitter is one of the older persons in her workplace, and she’s seven years younger than me.  At 34, I’m one of the youngest here at mine, and it’s been the same story at every workplace since I left college.  People my age got their degrees and went elsewhere.  Same with my shooting club.  You don’t see too many guys there under 50, let alone 40.  I worry that young people aren’t taking to the traditional shooting sports, but then I think “Maybe the reason you notice this is because there just aren’t any young people left in your state?”  If that’s the case, we’re in a lot of trouble.  I suspect with Pennsylvania, it’s mostly a lack of opportunity driving young people away.  Why are there few opportunities here?  Because Pennsylvania has among the highest corporate taxes in the country, and it’s a horrible drain on businesses.

Quote of the Day

DirtCrashr on California politics commenting at SayUncle:

Here in CA we are all minorities in a One Party State made-over by Identity Politics and gerrymandered into perpetual servitude to a political class that chooses its voters, rather than the other way around.  The square peg went into the round hole and the Governator came out a Democrat on the other side.

Sad, isn’t it?

How to Do a FOIA Request

I don’t have an account on The High Road, so I have no way to respond to this other than here.  It’s very important to make a distinction between asking for a document, and making a legal inquiry.  The office that handles FOIA requests can handle one type of request, but not the others.  All that needs to be asked is this:

Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of all documents relating to the FFL Holder: Joshua Alan Sugarman 1730 Rhode Island Avenue NW #1014 Washington DC 20036 License Number: 1-54-XXX-XX-XX-00725.

That should be all you need.  Anything else:

Justification of how a 501c(3) non-profit corporation can obtain a type 1 FFL when the intent of having a type 1 FFL is to: devote time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.

This is a legal question, not a request for documents the government has, which is what FOIA governs. It’s important to stick to that, and remember that a FOIA request isn’t The Inquisition.  The less complicated you make things for the bureaucrats who handle this stuff, the more likely the request will be successful.