The City of Philadelphia’s Legal Argument

Unfortunately, I think it’s plausible. From the updated post from yesterday:

“The legal department has determined that this is public information. Its publication is legal. An individual who is denied a permit and files an appeal, that person has waived their right to confidentiality. All that said, within the government, there is a concern about the propriety of publishing the information, and so we’re looking at this again. On the one hand, city government wants to be transparent and believes in the concept of open data. Access to information makes for strong citizenry and effective government. But on the other hand, there are public safety concerns with regard to this information.

So the appeals process in Philadelphia is that you first appeal to a board, which will review your case. My understanding is that it is very rare for the board to overturn the determination of the Philadelphia Police. The next step is an appeal in Commonwealth Court, and court records are public information. So the city is suggesting that once the appeal is made, because it goes to a court case which is public record, it no longer becomes private information protected by the Uniform Firearms Act.

This isn’t over, by a long shot. More to come.

Why There is No Negotiation on “Florida Loophole”

As long as the information is public, look at some of these reasons for appeal:

I am pastor of a church; I carry large sums of money to bank at least 2-3 times a week. As a businessman, I was robbed once. I could very well be a target for the automobile I drive and my appearance.

Pastor of a church, real danger to society there.

I answered all questions on the gun permit application truthfully. The previous referred to in the denial letter occurred more than thirty years ago.

Previously denied for a permit 30 years ago when the city was may-issue? This is now a ground for denial? This is illegal.

 I don’t think it was right for them to take my license. I was the victim. They came into my home and I shot a warning shot.

So someone breaks into your home, you fire a warning shot (admittedly not wise) and that’s ground for a permit revocation?

The reason why my gun was left in my car was due to the fact that my brother asked me to watch my nephew for a few minutes and I was on my way out. My nephew likes to grab on me and hang on me and I was afraid he would grab my weapon. I never leave my weapon in my vehicle and would never do it again.

Leaving a gun in a locked vehicle is grounds for revocation of a license?

I was wrongly accused of being a bartender. I was not arrested or charged with any crime.

So we’re denying based on profession?

There’s an old saying we often tell children: if you can’t play with the toy nicely, you can’t have the toy. The end result of this is going to be the character and reputation clause being removed, since the City of Philadelphia is incapable of not abusing it. Most of these folks have arrests, many of them long long ago. Arrests should not be grounds for denying a fundamental constitutional right. The character and reputation clause is therefore unconstitutional, and should be removed from the Uniform Firearms Act.

Whether the City realizes it or not, they have given actual hard evidence that yes, they are abusing the permit process, and with that hard evidence, we are going to redouble our efforts to stop them from doing it. There can be no negotiation on closing the Florida Loophole until this abuse is taken seriously.

The Corruption of Chief Ramsey

Anti-gun Philly police commissioner may have been guilty of some violations of the Uniform Firearms Act himself. It seems he was never sworn as a law enforcement officer in Pennsylvania until recently. An attorney alleges this constitutes a violation of Pennsylvania law, including gun laws, and demands that someone bring charges. The law… psssht… that’s only for the little people.

Road Raging Medieval Style

Apparently there was a road rage incident in Philadelphia, where the road raging driver threatened another motorist with a crossbow. Of course, normally I’d point out that you can find a lot of ways to harm others without using a firearm, but I’ve come to the conclusion that our opponents would have little issue restricting anything sharp, pointy, or that you could hurt yourself or others with. I don’t want to give them a new mission.

Hat Tip to the Outdoor Pressroom.

I Am Amused by Everyone Talking about Wawa

Mitt Romney, being from Michigan, and more recently Massachusetts, probably does not have much experience with Wawa. For those of you who live in Sheetz country, you can get a pretty close comparison to Wawa’s ruthless efficiency on delivering you food. If you can find a good Wawa, you go to the console, pick out your sandwich or other eats, go grab a drink or other convenience store items, then pay for it (the machine prints out a receipt for you to pre-pay, which will then be stamped paid by the cashier.) Usually, if the Wawa is good, and not too busy, you’ll turn around back to the deli counter, and trade a stamped receipt for your Hoagie (not a Sub, as the barbarians call it). Also with Wawa, instead of the standard “Would you like fries with that,” the machine will always ask whether you’d like bacon with that. Doesn’t matter what the sandwich is, they’ll slap some bacon on it for you if you want. They’ll even slap double bacon on if you want. I’ve been to other parts of the country, where there is no Wawa, and other than Sheetz, I haven’t found a whole lot that measures up.

So the fact that Mitt was surprised by this whole process doesn’t mean a whole lot. Wawa is one thing I would sorely miss if I lived somewhere else. Both 7-11 and the gas station convenience stores are ghetto by comparison.

Fudging Hiding the Philly Homicide Numbers

One has to wonder if there was a little tomfoolery going on at Philadelphia Police Department this morning and afternoon. Wyatt noticed something amiss this morning in the numbers the city was claiming for homicide rates.


Huh. Isn’t that interesting? When I went to the city’s reporting website several hours later, the daily reporting numbers of murders were removed completely and the only 2012 data was in PDF form for the week prior. Commence minor Twitter conversation about the city hiding their numbers after they have been on a streak of averaging a murder a day.

Shortly thereafter, the data reappeared; this time it was correct. In all likelihood it was a glitch. It happens on the web. However, given that the separate descriptive text for graphic also disappeared, it seems a little odd. Mix it in with the fact that Chief Charles Ramsey has insisted upon using fuzzy math to avoid acknowledging the rising murder rate during the last three years, it seems the timing of it is a tad too convenient. It’s a city with leaders who say that it’s not fair to actually count all homicides in the final tallies, nor is it reasonable to question their failed campaign promises of fewer dead bodies.

It’s amazing how the city is running at 163 murders in 163 days (there was one this morning not counted in Philly stats yet) with 29 more murders than this time last year still has the nerve to try and convince their residents that homicides are down by nearly 10%.

Philly: The Condescension Without the Culture

Philadelphia has played second fiddle to New York since the early republic, and its political leaders following in the shadow of those of the Big Apple, but incompetently, is a long, fine tradition int he City of Brotherly Love. Michael Nutter is doing his level best to continue that tradition. Even when it comes to busybodying and lording over the little people, Philly politicians are still poseurs.

The Menace of Armed Public Urination

They must be getting pretty desperate in the Philly media to highlight “Florida Loophole” stories, given the best they managed to round up for this article was a pair of public tinklers. Clearly Florida permitees are causing chaos on the streets of Philadelphia, or at least contributing to that dank urine smell that permeates some parts of the city.

I’m sympathetic to the notion that maybe a guy with ten prior arrests isn’t the kind of guy you want carrying a firearm in public, but the solution to that is to seek convictions, and as we’ve pointed out many times here, the City of Philadelphia is not in the habit of that until you basically kill somebody. Otherwise it’s catch and release.

USS Olympia, C-6

Philadelphia happens to host the oldest steel warship still afloat (for now). Bitter had never seen it, and since this weekend they were having special tours of the engine room (which in my several visits, I never had the opportunity to see), I decided now was time. She is a grand historic ship. Originally laid down in June of 1891, Commissioned in February of 1895, and finally decommissioned in December of 1922. She is a hero of the Spanish American War, having cruised into Manila Harbor and crushed the Spanish fleet. Her last active mission was to bring the remains of the Unknown Soldier from France to Arlington National Cemetery in October of 1921.

It was both a big disappointment and delightful for me to see the engine room. I had always looked down into it, but had never actually been in it, since it was not an area of the ship that often was open for tours. It was delightful to see it was actually in remarkable shape. But it was a disappointment to know, at the end of the day, it was still a dead museum ship.

While I like the fact that Olympia is a museum ship, and hope she finds the funds to continue being such, there is a large part of me that wishes I was wealthy enough to buy this ship outright from the Navy, and not only restore her to top notch museum quality ship, but enable her to once again steam under her own power. I think she could do that. I asked our naval tour guide about this, and he mentioned that many of the auxiliary steam engines can still turn easily by hand, and demonstrated such. I was surprised this would be the case on a 120 year old ship, where the boilers have been offline since 1922. But I saw it. I think I’d almost feel better if her engines were rusted hulks, which is where the disappointment comes in. It feels worse to consider some steam engines on a 120 year old ship, the oldest steel ship still in existence, can still be turned by hand, and yet she may still end up being fish habitat in a few years without proper funding.

Could you get a head of steam on the boilers? Could the system still hold steam? The screw’s main bearing still push a ship? If there was a problem, where would you get parts? I wish I was rich enough to find out.

I am not the kind of guy who is very much interested in taking a cruise, but I’d pay a lot of money to be a fly on the wall on Olympia under full steam. I’d love to try my hand at some of the guns. Could she be restored to full glory? Would it require too much replacement of vintage with modernity? I don’t know. But she deserves better than an uncertain fate, and possibly as a sunken marine habitat off Cape May, New Jersey, which is her fate if funds can’t be raised to save her. I’d hate to lose this unique bit of history.

Vertical Integration

A bit off from our normal topic, but I was quite surprised to hear this morning that the Conoco-Phillips refinery, which has been up for sale, found a buyer, and that buyer is Delta Airlines. The refinery has pipelines going to Philly, JFK and LaGuardia, two of which are Delta hubs. Delta claims this will supply 80% of their domestic fuel needs. Wow. If this works, I wonder if you’ll see other airlines buying their own refineries. Apparently they also have a deal with BP to swap non-jet fuel products for more jet fuel, given that you can’t take crude and make exclusively jet fuel.

It’s partially a fractional distillation process, and you get what’s in the crude, essentially. You can crack your way to lighter hydrocarbons, but can’t go from lighter to heavier. The local angle is, the folks who worked at those refineries will get to stay in business. As the article mentions, refineries have been closing in this area because they are meant to take more expensive sweet crude, and find it difficult to compete with refineries who can deal with heavier, cheaper crude. So what Delta is attempting here is a bit of a risk.