Hypocrisy Gets You a Lighter Sentence?

It seems that as long as you have the right political views, you can break gun laws and get a slap on the wrist. If you don’t, you’ll end up facing serious charges and years in prison.

Compare these two situations:

1) In New York, an activist who promoted the SAFE Act that made carrying a gun on school property a felony even if the person has a license to carry, decided to carry his gun to a school after the gun control law took effect.

When the school was raided by SWAT officers and went on lockdown for a call about a man with a gun in the building, Dwayne Ferguson did not disclose that he had his gun. It was only when officers started patting down every person in the school did they find his gun. The school noted in their statement that he had an opportunity to disclose his possession to officers, and he chose not to do so, forcing everyone else to face a search.

For his refusal to disclose his accidentally carried, and otherwise licensed, firearm into a prohibited place, Ferguson’s charges were dropped from felonies and he received community service with a conditional discharge.

2) In New Jersey, a single mother from Philadelphia crossed a bridge with her license to carry a gun issued by Pennsylvania thinking that it applied across the border. It did not. When she was pulled over for a vaguely state violation, she willfully disclosed to the officer that she was a licensed gun owner.

For her cooperative attitude during her accidental carry situation, he had her arrested and the prosecutor considers her, as an otherwise lawful gun owner, such a danger to the community that he refuses to even consider the idea of a diversion program because it would mean she would not be put behind bars for years.

It would appear that having the right political views can go a long way in convincing a prosecutor not to press charges in these gun control cases.

Having Your Rights Violated?

I can’t tell you how much I loved seeing a post from Pennsylvania attorney Josh Prince asking anyone in Pike and Monroe Counties to contact him if their rights have been violated based on an article linked here earlier today. I would love to see more people considering legal challenges to behavior like this from law enforcement when they cross the line and violate someone’s rights.

UPDATE: And, he actually provides tips on how to document everything regarding the violation of rights that one would need to create a good case.

Also, check the comments of both posts and note the people who are horrified at the idea that some lawyer is trying to let people know what to do to prepare a legal case if their rights are violated. They don’t understand why anyone has an issue with rights being violated as long as they are told someone is keeping them “safe.”

Suspending the Fourth Amendment in Pennsylvania

The manhunt for an accused cop killer is heating up in Northeastern Pennsylvania. I should be clear that I hope the State Police catch this guy, since regardless of whatever grudge one may have against cops in general, singling out two random officers for execution is unconscionable. But my support for the PSP in their manhunt is greatly tempered when I read of nonsense like this:

Heavily armed state troopers guarded an entrance into a neighborhood or area where they believe 31-year-old suspected cop killer Eric Frein may be hiding.

Police are checking every vehicle leaving. Local residents still have not been able to get back into their homes since last night, with some sleeping in shelters, others in their cars as it appears police are hot on Frein’s track but still haven’t got him.

No, you don’t get to kick people out of their homes and randomly search vehicles just because it’s a cop killer. You wouldn’t do that for someone who murdered a convenience store clerk, and you know it. You don’t get to suspend the Constitution just because its one of your own. This is what makes people hate cops in the first place.

Polling & Results

With Washington ready for a ballot initiative fight this November and the accompanying debate over who is and isn’t showing up, I thought it would be important to look at a couple of historical votes relevant to the subject of ballot initiatives.

One is recent history. Very recent. As in, yesterday. There were were many polls showing that the Yes and No votes on Scottish Independence were in a dead heat, and even some showing that Yes was taking the lead in the days prior to the vote. The real result was a 10 point vote against independence with massive turnout.

Another, more relevant example, is from Massachusetts in 1976. I’ve posted about how important it is for gun owners to read about and learn from this example before. It shows why we keep fighting, even in sometimes clearly uphill fights. From Dave Kopel’s article on the ballot initiative fight:

Early polling suggested that a handgun ban would pass handily. Further, in the 1974 election, voters in several state legislative districts had overwhelmingly supported measures instructing their state legislators to vote for strict anti-gun legislation. …

The final poll, a few days before, had showed Question 5 with a 10-point lead. Everyone anticipated a long night waiting for the election results. Everyone was wrong.

Handgun confiscation was crushed by a vote of 69 percent to 31 percent. Of the approximately 500 towns in Massachusetts, only about a dozen (including Cambridge, Brookline, Newton and Amherst) voted for the ban. Even Boston rejected the ban by a wide margin.

There are notable differences in that it was certainly a far more extreme policy than Washington. However, it still shows that what people feel they “should” tell a pollster may not match how they vote in a closed voting booth. That’s the kind of tendency that Washington activists need to appeal to there.

Now, NRA cannot, even if they empty their entire campaign war chest into Washington State and completely ignore the rest of the country, outspend Bloomberg and Bill Gates. They can’t. Just accept it right now that you cannot look at this situation strictly through the lens of campaign finance reports. I’m not in Washington, but I do see some evidence of NRA work. There’s a Facebook page they’ve created that partially documents some of their work, and I can also say that from the moment I met our new EVC coordinator back in March, she’s been aware of this and trying to work with local activists to make sure they have what they need and help them out. Even in our Friends of NRA program that isn’t political, we saw record turnout for people showing up to participate, even though they couldn’t quite open their wallets as much as last year. Fights like this aren’t accurately portrayed in financial reports.

These issues are complex, and there’s a chance that we may lose. However, if gun owners study their history on ballot initiatives, they’ll know these things are won with volunteers on the ground and that sometimes polls on policy efforts to support more gun control are very, very wrong when you actually stick a ballot with that issue in front of someone’s face.

Hunting Season Prep in DC

Back in 1938, a Texas hunter decided to get ready for his hunting trip by posing for cameras in DC. That Texas hunter was Senator Tom Connally.

TXSenTomConnally1938

The caption from the Library of Congress: Looking forward to a hunting trip in his native state as soon as Congress adjourns this week, Senator Tom Connally, Democrat of Texas, checked his guns and did a little fancy shooting for the benefit of the cameramen at the Capitol today, 6/14/38.

I can’t even fathom how that would go over today.

Elections and Consequences

With so many of the administration’s policies facing legal challenges, the increased likelihood that those cases could end up before more ideologically sympathetic judges is a reassuring development to the White House. Nowhere has this dynamic been more evident than at the District of Columbia court, which is considered the second most important appeals court in the nation, after the Supreme Court.

It’s not just SCOTUS, he’s been able to rejigger the entire system.

What Would Scottish Independence Mean for Scottish Gun Rights?

FlagofScotlandThe referendum on Scottish independence is coming on September 18, 2014, and it’s looking like independence is gaining momentum. I don’t have much of an opinion on the topic as an American, but I’d probably vote in favor of union if I were to have a say. There’s an awful lot of too good to be true promises being made by the Scottish government, and it strikes me that the Scottish government might be a good deal more socialist without having to compromise with less socialist Englishmen. But what affect would Scottish independence have on Scottish gun laws? The document is very (probably intentionally) vague:

    1. How will access to firearms be controlled in an independent Scotland?

The Scotland Act 2012 provided the Scottish Parliament with limited additional powers to introduce licensing for airguns. Work is underway by the Scottish Government to introduce a licensing regime for airguns in Scotland. However, Westminster has refused requests to devolve powers fully to allow decisions on the licensing and control of firearms to be taken in Scotland.

Independence will give Scotland full powers to control firearms in Scotland. Firearms legislation and licensing in an independent Scotland will be simplified, made easier for the public to understand and for the authorities to enforce.

They say they’ll make licensing easier. They don’t make clear whether they would ease the handgun ban currently imposed on Scotland. Given that the Scottish government claims to want to regulate air guns more thoroughly than does the UK (which leaves them relatively unregulated up to a certain muzzle energy, after which a Firearms Certificate is required), I wouldn’t be too optimistic that much of anything will actually change if I were a Scottish shooter.

I tend to think that Independence will make both countries weakener, and given that Tsar Vlad is on the march, I’d not think too highly of some pie in the sky nonsense like eliminating nuclear weapons.

Engagement

I am (perhaps unsurprisingly) a constant customer of Baen Books, both in the era of its founding by Jim Baen and now under the able leadership of Toni Weisskopf. They print books that entertain me, though the Baen logo is neither a necessary nor a sufficient guarantee that I will be entertained. In the past year or so, a cultural conflict in the Science Fiction domain has brewed up, another theater in the overall culture war. Diatribes have been written, ably and poorly, by all combatants as well as their allied hosts. Toni has this particular one, and Sarah Hoyt has reprinted it someplace I can easily link to. It’s long, and a lot of it is domain-specific, but the conclusion has relevance to the RKBA culture war. Emphasis is mine

But are the popular awards worth fighting for? I’m not sure our side has ever really tried, though there are indications that previous attempts to rally readers of non-in-group books were thwarted in ways that were against the rules of the game. And yet, to quote Heinlein, “Certainly the game is rigged. Don’t let that stop you. If you don’t bet, you can’t win.”

I think the problem is that folks just really feel they have no possible conversation with the other side any more, that the battle for this part of the culture isn’t worth fighting. And I think again SF is mirroring the greater American culture. Our country is different because it, like science fiction fandom, was built around an idea—not geographic or linguistic accident, but an idea—we hold these truths to be self evident. And it is becoming more and more obvious that the two sides of American culture no longer share a frame of reference, no points of contact, no agreement on the meaning of the core ideas.

And yet, I can’t help but think that at some point, you have to fight or you will have lost the war. The fight itself is worth it, if only because honorable competition and conflict leads to creativity, without which we, science fiction, as a unique phenomenon, die.

This is why I blog, I engage in arguments and debates (and a little bit of trolling as well) in comment sections and on Facebook (and on Twitter back when I still had the energy). You have to fight or you will have lost the war. Despite the famous line, they can take our freedoms. But we have to remember what the actual objective is. The objective is not to crush your enemies, see them driven before you, or hear the lamentations of their supporters. That might be a side effect, but the objective is to regain our freedoms and build the institutions that will support and protect them in the coming generations. And to do that we have to convince the undecided. To do that, we have to engage, have discussions with outsiders where it can be seen. And, of course, we have to both be and appear to be correct and reasonable.

How to get your gun in New Jersey – a layman’s guide

New Jersey requires permits to purchase firearms – for longarms, it’s a Firearms Purchasers ID card, issued once and good for life (unless revoked, or you move; it has your street address on it). This card is de jure and practically de facto shall-issue, the only quirk being that, while the legislature wrote a “must issue within 30 days (45 for out-of-state applicants)” into the law, the NJ Judiciary interpreted this as “must issue after the background check is complete;” in effect neutralizing the time limit. Now, while the form to apply for a FPID and the process is uniform statewide, it is administered by the local Chief Law Enforcement officer or the New Jersey State Police for jurisdictions without their own police agency. Furthermore, some jurisdictions have had long-standing traditions and or municipal regulations of having additional requirements not specified in the law, such as additional forms beyond the application and mental health release (Available on the NJSP’s website as PDFs to save and print), interview requirements, and other impediments to the process to purchase a firearm. Of late there is an effort by the NJ Second Amenment Society to sue non-compliant governments to force them to comply with the law, this has been mostly successful with out of court settlements in most cases. Unfortunately, due to the caselaw, the 30-day time limit is not subject to being enforced by lawsuit, so the time it takes to actually receive the FPID is highly variable – my town is generally considred to be middle-of-the-road and I required 6+ weeks both times I applied. Applicants in other towns have had to threaten or actually sue as their wait time approached moths or even a year+. The card itself neither laminated nor standard credit-card size, nor a photo ID. It had your identifying info on one side, and your signature, the CLEO signature, and your fingerprint on the other. It allows you to purchase longarms, as long as you fill out a transfer form and if buying from an FFL, undergo a state-run background check (I understand the FFL calls the NJSP, who runs a quick file check and a NICS check). The last time I bought a longarm it took less time to process that check than it did for me to fill out the 4473 and NJ’s own transfer form.

For handguns, you instead use a Permit to Purchase a Handgun. The application process is exactly the same as the process for obtaining a Firearm Purchasers ID Card, down to using the exact same forms (only checking a different box) – because you need to show an FPID and have the transaction logged when purchasing ammunition from an FFL (ammo for rentals is generally exempt from this requirement), it’s generally considered wise to obtain an FPID at the same time you get your first pistol permit to both take advantage of being able to use the same forms and to be able to buy ammunition retail. Note than “handgun ammo” is considered to be “any ammo that can be used in a handgun,” and includes both “traditional” pistol calibers and .22lr at least. I believe most FFLs log all ammo purchases, but since my only firearms eat 9mm and .22lr, I don’t know for sure. Once complete, you receive a paper form good for 90 days, which can be extended for 90 more days (de jure non-discretionary, and usually de facto as well). This may be used to purchase 1 handgun either privately or through an FFL. If through an FFL, another background check at point of sale applies.

Now, the legislation setting up this scheme was passed in the late 1960s, and the fees were specified at that time and have not been adjusted since then. Consequently, they are relatively trivial; though there is an additional fee nowadays since the entire state now jobs out the fingerprinting to a private company who charges not quite $60 for the job. Fingerprinting is not necessarily required for subsequent paperwork obtained from the same issuing authority as before (at their discretion). Without fingerprinting, the cost is generally under $50 to get a set of permits, often much less. So what some enthusiasts will do is apply for mulitple permits (currently there’s no reason to have more than 3 live ones due to NJ’s one-handgun-a-month scheme), and refresh/replace as the come due, so that they always have the ability to buy a handgun without having to wait out the normal process. If your issuing authority is reasonable, this isn’t a terribly expensive way to go, other than being an unconstitutional tax on the right to obtain a firearm, of course :)

(Obligatory Disclaimer – I am not a lawyer, particularly not one who specializes in NJ firearms law. I’m just some guy on the internet who claims to have read the statutes once or twice).

For more resources see:

The NJSP Firearms FAQ

The NJSP links to NJ Firearms Laws and AG guidelines – that last includes the current “interpretation:” of the NJ AWB

The NJ2AS News and Resources page

The NJ2AS guide on purchasing a firearm in NJ – includes a link to their Operation Establish Compliance page

And, of course, the Association of New Jersey Rifle and Pistol Clubs, our NRA state org.