Friday, November 16, 2007

Breasts are getting larger in the U.K. Stores are introducing J-cup bras for the first time.

Not that I need a bra or anything.

And I prefer women to not wear bras, or even clothes for that matter. But I thought someone might find it interesting. Some guys are into the big breast thing. Even if I were I don't think it is worth going to a repressive state like the U.K. for those sort of thrills.

Sex
Joe Huffman  Friday, November 16, 2007 9:34:12 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [3]  | 

We've known about the gun-show loophole for a long time now. It still hasn't been closed. Maybe someone can make some progress on the restaurant loophole:

America has a problem with unlicensed restaurant operators. Week after week, millions of these scofflaws cook elaborate meals without any official authorization, or even an inspection by a government health agency. The problem grows particularly acute at Thanksgiving, when some unlicensed chefs prepare meals for a dozen or more people. The result? Every year countless Americans are sickened by salmonella, campylobacter, and other food-borne bacteria. You might know the cooks as Mom and Dad, or Grandma and Grandpa, or Uncle Mike and Aunt Karen. But don't let their down-home manner fool you. It's time to close the regulatory loophole that lets these scofflaws dodge the rules of restaurant safety.

Sounds ridiculous, doesn't it? But that's precisely the approach being taken by gun-control advocates who want to close what they call the "gun-show loophole." Opponents of gun rights use that expression to describe the occasional sales of firearms between private citizens -- whom they call "unlicensed dealers" and "unlicensed vendors." (Eeek!)

As the author points out, it's really all about closing the Second Amendment loophole.

Joe Huffman  Friday, November 16, 2007 8:54:02 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

Nice. The TSA is a joke. Kip Hawley is the head of the TSA. He says airport security is good. Investigators do what I have been saying could be done. Hawley tries to put a spin on it in front of congress and gets slapped down:

Investigators used public information to make a liquid bomb consisting of a detonator and a liquid explosive. They made a firebomb using two common products.

To absolute silence in the hearing room, the investigators screened video footage showing tests of their homemade bombs. One clip showed the device exploding inside a car -- metal flying, glass shattering, car doors buckling open and a voice, off camera, saying, "Oh!"

The investigators then designed ways to sneak the components past screeners.

The airports tested were kept classified.

The GAO recommended improvements in personnel, processes and technology; more aggressive pat-downs; and possible restrictions on carry-on luggage.

"Current policies allowing substantial carry-on luggage and related items through TSA checkpoints" increase the risk of a terrorist bringing an improvised explosive device or improvised incendiary device onto a plane, the report said.

Hawley downplayed the tests, arguing first that the components did not get on the plane. "It did get on the plane," countered Gregory Kutz of the GAO.

Hawley then contended that the components the GAO smuggled were not the ones used in the video footage. The GAO's Cooney corrected him.

Hawley also noted that GAO investigators did not smuggle a complete bomb past the checkpoint. Cooney, seated beside him, said: "We could simply have gone into the lavatory and constructed it there."

They don't arrive at the proper conclusion but they are getting the proper data--which is a start.

Joe Huffman  Friday, November 16, 2007 12:35:32 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

I always have a quotation for everything -- it saves original thinking.

Dorothy L. Sayers

Joe Huffman  Friday, November 16, 2007 12:26:54 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [2]  | 
 Thursday, November 15, 2007

I and nearly everyone else with more than two brain cells to rub together should have learned our lesson. But we fall for it again and again.

Remember when I another blogger or two raised a big stink about the Priciple Deputy Director of the National Intellence said we need to refine privacy? Well... the reporter apparently thought he could read the guys mind or something. Here is the actual speech.

Bruce Schneier took it the same we did at first but followed up with a link the next day to the actual speech--which is how I got straightened out.

The reporter got it wrong. And we believed it because it was what we wanted to hear. We want to hear how dangerous the government is. We latched on to that sloppy (I'm giving her, Pamela Hess, the benefit of the doubt) reporting and ran with it. Shame on us.

The critical passage is here:

Too often, privacy has been equated with anonymity; and it’s an idea that is deeply rooted in American culture. The Long Ranger wore a mask but Tonto didn’t seem to need one even though he did the dirty work for free. You’d think he would probably need one even more. But in our interconnected and wireless world, anonymity – or the appearance of anonymity – is quickly becoming a thing of the past.

Anonymity results from a lack of identifying features. Nowadays, when so much correlated data is collected and available – and I’m just talking about profiles on MySpace, Facebook, YouTube here – the set of identifiable features has grown beyond where most of us can comprehend. We need to move beyond the construct that equates anonymity with privacy and focus more on how we can protect essential privacy in this interconnected environment. Protecting anonymity isn’t a fight that can be won. Anyone that’s typed in their name on Google understands that. Instead, privacy, I would offer, is a system of laws, rules, and customs with an infrastructure of Inspectors General, oversight committees, and privacy boards on which our intelligence community commitment is based and measured. And it is that framework that we need to grow and nourish and adjust as our cultures change.

I think people here, at least people close to my age, recognize that those two generations younger than we are have a very different idea of what is essential privacy, what they would wish to protect about their lives and affairs. And so, it’s not for us to inflict one size fits all. It’s a need to have it be adjustable to the needs of local societies as they evolve in our country. Eventually, we can only hope that people’s perceptions – in Hollywood and elsewhere – will catch up.

I'm not saying everything he said is 100% okay with me. But I will say that I no longer think Mr. Kerr deserves the one-way ticket I had suggested before.

Joe Huffman  Thursday, November 15, 2007 11:56:39 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

If you thought your secrets were safe with Hushmail you were wrong:

Hushmail, a longtime provider of encrypted web-based email, markets itself by saying that "not even a Hushmail employee with access to our servers can read your encrypted e-mail, since each message is uniquely encoded before it leaves your computer."

But it turns out that statement seems not to apply to individuals targeted by government agencies that are able to convince a Canadian court to serve a court order on the company.

There are methods to communicate securely (guaranteed at the theoretical level) provided your attacker never gets physical access to your computer or someone doesn't hand over the encryption keys. It's just that it's very, very inconvenient to do so. There are some intermediate difficulty of use methods which are secure as long as your attacker doesn't have millions to spend on cracking your messages. I have been wanting to implement that for a long time but always seem to find something more important to do.

One of my main reasons for not working on the problem is that I can't guarantee "no physical access" to my computer. So it's just doesn't have much point. That is probably always going to be the weak link. I don't have any secrets on my computer or in my communication that need to be kept that secure but its sort of like owning firearms that certain people in government don't want you to have and reading banned books. "You don't want me to have it? Then that means I must have it."

Joe Huffman  Thursday, November 15, 2007 10:59:31 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

You just have to wonder what they want a Saiga 12 gauge for. Is it Aliens? Or maybe a Predator? My bet is it's for replicators. A shotgun worked quite well on those bugs.

Domain Name   nasa.gov ? (United States Government)
IP Address   128.158.228.# (National Aeronautics and Space Association)
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Joe Huffman  Thursday, November 15, 2007 10:46:14 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [4]  | 

KING 5 has their video of Boomershoot up on the web now. It's a slightly different edit than the one I have up.

Joe Huffman  Thursday, November 15, 2007 10:31:24 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

Kevin points us at a slide-show on the "wisdom" of government having a monopoly of force. It's good. Very good.

I'm not sure it will have the impact on "the other side" that we would want it to. They will just say, "We just need to have good people in government." But I think it is useful for us to have a comeback to when someone says something like, "The government must have a monopoly on force". You can't just let that stand. I'm sure that to many people once stated it's "a no brainer" at first glance. "Of course they should. It just makes sense!" You need to be able to shove something in their face:


From of a poster I purchased from JPFO.

Then you say, "NO! This is the reason why governments should never have a monopoly on force." It's easy to come up with a body count of 60 million people in the last century that were killed by they own government. And this is the reason our government was not given a monopoly on force in the constitution.

They may not buy your argument but at least they won't be able to accuse you of, "loving guns more than life", or some such stupid thing.

Joe Huffman  Thursday, November 15, 2007 10:21:13 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

Before gun control, about 800 Canadians were killed annually by firearms. After gun control, about 800 are killed annually by firearms. Simply put, gun control does not save lives. At the same time, about 2,500 die annually due to falls. Yes, the simple ladder kills more Canadians than firearms, but you don't see politicians clamouring to register ladders.

This information was obtained from the Dominion Bureau of Statistics. Ironically, this office in Ottawa is across the hall from the gun control bureau. If Ottawa's actions were based on a sincere desire to save human life, then the $2 billion could have been better spent on safety training and health care -- but unfortunately safety training and health care isn't as glamorous as gun control.

Based on this, I must therefore conclude that politicians' support for gun control is not based on a desire to save human life, but instead a cynical platform to obtain votes to stay in office.

Jay Dumas
Prince George
Thursday, 15 November 2007, 01:00 PST
Gun control shot down
[Another person answers Just One Question and comes up with the expected answer.--Joe]

Joe Huffman  Thursday, November 15, 2007 8:18:27 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [2]  | 
 Wednesday, November 14, 2007

Via Uncle.

Maybe this is proof I'm a gun nut but when I read this:

Under the DMV's plan, motorists will only be able to object to a ticket by email or letter where city employees can ignore or reject letters in bulk without affected motorists having any realistic recourse.

The first thought that went through my mind was, "168 grain Match Kings can reject city employees without any realistic recourse."

The second thought was, "It's no wonder Washington D.C. insists on retaining it's ban on firearms."

Joe Huffman  Wednesday, November 14, 2007 2:02:49 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [3]  | 

[The title of this post is shameless stolen from Sebastian. It's far better than anything I would have come up with. A significant part of the rest of this post is from a comment I left on his blog.]

We all have different backgrounds and hence different viewpoints on the past and the probable future. At least one person disagrees with me. Good. I'd like to be wrong on this. Maybe Chris and Melody will show up at Boomershoot 2008 (hint, hint) and convince me I am wrong.

Some weren't really aware because they were too young or because they simply didn't have the interest in some of the things that had a profound impact on me. When the standoff at Ruby Ridge occurred I lived only about twenty miles away. Being that close you learned of things and felt emotions others more distant wouldn't have a clue about. Although I grew up with guns around I didn't do much shooting and when the Ruby Ridge incident occurred in August of 1992 I didn't even own a gun.

A lot of things went through my mind during those 10 days. Probably the most profound thought was my complete inability to help the Weavers even if I had the courage and the determination. I didn't own a gun and I didn't have the training required to accomplish anything more than get myself arrested or killed.

The dark days of the Clinton administration began shortly thereafter and everyone knew what would happen to gun ownership under Clinton. I bought my first gun and became a gun-rights activist. Then in February of 1993 the events in Waco Texas began to unfold.

In September of 1994 the "assault weapon ban" went into effect. And even before it was enacted there was "Brady II" waiting in the wings. The anti-gun bigots were absolutely crowing about their victories and those they expected to follow. Those were very, very dark days. Barb will tell you how depressed and angry I was. I wasn't very pleasant to be around and it wasn't her fault.

What those dark days did for me was give me a lot of motivation to think about things. Both Ruby Ridge and Waco events were about guns. The ATF ("one of the best and most respected federal law enforcement agencies") manufactured the circumstances to entrap innocent people and resulted in the deaths of dozens of innocent men, women, and children. No government employee even lost their job over it. They lied to numerous judges and the worst that happened was U.S. taxpayers had to pay fines and settle a lawsuit.

If people were going to "come to the rescue" of innocents under attack by the government it would have happened at either Ruby Ridge or Waco. The innocents held out for more than enough time for people from anywhere in the country to travel and at least increase the casualties of the perpetrators. In Northern Idaho it was late August in sparsely populated woods and mountains. Spending a few nights in the woods approaching your targets and getting away would have been a relative simple challenge. No significant adverse weather conditions and lots of cover and concealment. In Waco the open terrain would have made an approach and departure significantly more difficult but the siege went on for 51 days. Someone could have gotten a bomb in there or a mortar within range and remotely fired upon the perpetrators during that time had they really wanted to. Yet no one did. There were some idiots who tried to drive in the back way to Ruby Ridge that got arrested. But they approached the problem in such a stupid manner that they had no real chance of accomplishing anything. There was zero serious resistance offered from the outside.

In both those cases the only casualties the forces of evil suffered were during the initial attack. And when it was all over the dead and wounded of the innocents outnumber those of the aggressors by at least a factor of four to one.

So, here was two very clear opportunities for gun owners to "show their stuff" over abuses by the Feds over "the gun issue". Both Idaho and Texas are very strong pro-gun states. And what was on the report card at the end of the lesson? All 80 million gun owners in the United States got a zero. Not a single shot fired by anyone other than the direct participants.

I don't know what I would have done in August of '92 if I had the equipment and training I have now. But with what I know now about how other gun owners "responded" it would have been a significant inhibitor on any actions I might have considered. Alone there is no point in going up against several hundred armed and trained men with helicopters, armored personal carriers, and excellent communication gear. If there were a half dozen or so of you then maybe you could pick off a few from the perimeter and get away with it.

Lots of people claim they will start fighting when they come to take their guns. "When they start going door-to-door that's when some really bad shit is going to hit the fan!" Oh yeah? Maybe you missed out on what happened after Katrina left town.

So where does that leave us? Interesting question. The conditions that will cause even a small fraction of gun owners to come to the aid of other gun owners under direct physical attack have not been determined. But we do know that lying to judges to get search warrants, entrapment, giving the victims wrong court dates, then charging them for failure to show up for the real court dates, shooting dogs, children, and mothers with a baby in their arms aren't sufficient. We also know what happened (or rather what didn't happen) in Australia and the U.K. when guns were confiscated. And do you have any idea what the kill ratio was between the Jews and the German Police Battalions that sweep through eastern Europe? For the one battalion that was well documented which I read about it was 16,000 to one. And that one casualty inflicted on the Germans wasn't by one of the Jews about to be led off to a trench to be shot in the back of the neck. If anyone has sufficient motivation you would think it would be them. But instead that causality was inflicted by a couple of Polish partisan snipers.

What that means is the conditions for actually using our firearms in active resistance against "our own people" must be exceptional extreme.

What I think happens is that it is very easy to postpone the outwardly visible actions of resistance. People will resist in their minds and in their fantasies and convince themselves they have accomplished something. I believe this is a nearly universal trait. It may sound like I'm picking on Sebastian here but only because he made himself an easy target and I'm pretty sure he knows I don't have any ill will toward him.

What Sebastian said was:

I’ll be honest with you all, I’d probably not turn in the ammunition first, as I have no desire to fight for a lost cause against a law that’s not really enforceable.   Show me real opposition, and I might join, but aside from that, I plaster an off the books AR up in my wall with a “Break Wall In Event of a Emergency” note in my head, and keep a few thousand rounds of ammunition.

I responded in the comments to his post was the following (with a few minor edits):

As long as we have private sales, and to a certain extent even if we don’t, a year or two after you filled out your 4473 a firearm may be considered “off the books”. “Oh, that one? I didn’t care for it and sold it via an note I put up on the bulletin board at the gun shop.” Or, “I loved that gun but I lost it in a boating accident last summer.” But mere possession of a firearm isn’t the critical item.

What will become difficult is to practice and receive formal training. You should be putting several hundred rounds down-range each month just for maintenance. If it becomes illegal to own then range availability as well as (black market) ammo prices will make practice nearly impossible.

Without the practice then you really won’t know if that 75 yard shot at the guard beside “the cattle car filled with Jews” will mean the release of the victims or your death. A 400 yard shot? Forget it. With practice you know what you are capable of (at GBR-2007 do you think I would have started off-hand shooting at the 400 yard plate had I not thought I would be able to make at least a few hits?). With this knowledge you can have the confidence to make plans and execute them.

It is my understanding that the “gardens of eastern Europe were well oiled” because of all the guns buried there. Even as tyrants of eastern Europe rose to power, people were dragged off in the middle of the night, and while the gulags killed their 10s of thousands those guns stayed buried in their well oiled graves.

To me, burying your guns is little different than turning them over. It’s only a victory in your mind. You must use them or you have lost them.

A further thing to think about is that it is exceedingly rare when the defender wins a war. As long as one side can choose the terms of all the engagements they are nearly certain to win in the long run. If you think holding on to your gun for another generation is a win then fine, you stand a fair chance of “winning” as long as you don’t tell any one about your guns and the high tech scanners in the patrol cars and helicopters overlook them as they go by. But really it just means your loss will go unnoticed and unremarkable.

If we loose at the SC it was for “all the marbles”.

One can argue that even if we completely lose the case realistically we aren't any worse off than we were before the ruling. After all, what protection did the Second Amendment give us in the last 70 years? How many laws were overturned because of it? We have been in the midst of a running battle for decades thinking we had the Second Amendment to back us up "if things got really bad". But really, how many battles has it won for us? How many times has it stepped up to the plate and even got a hit? Until Hellar it has struck out every single time it came to bat. In a rational world to have the Second Amendment end up not being worth the piece of paper it is written on wouldn't make much difference to us.

But this isn't a rational world we live in. The Second Amendment is something we believe in. We want to believe it and we do believe it and it makes a difference in how we fight. It makes a difference in how our opponents fight too. It's another hurdle they have to get over or around. They risk exposing themselves as liars and shuckers every time they try to explain "collective rights".

Without the Second Amendment as an individual right we have two realistic choices:

  1. Sometime soon we start shooting.
  2. We fight a political delaying action that lasts for a decade or two.

I don't have any hope the first one will occur or that it would be successful if it did happen. And ultimately we will lose via the second option.

I stand by my original agreement with Kevin's claim, This One's for All the Marbles. Anything else is only a victory of the mind.

Joe Huffman  Wednesday, November 14, 2007 1:43:30 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [8]  | 

While we truly feel badly for the law abiding citizens of California, we feel it is necessary to take a stand against irresponsible legislation designed solely to inhibit the American citizen’s right to keep arms. We are fierce proponents of the Second Amendment, and it is our hope that other manufacturers will follow our lead. It is time for the gun industry as a whole to take a stand against the insanity of the antigunners. We simply believe that some things are more important than profit.

STI International
Cessation of California Firearm Sales
[Via Uncle, Bitter, Sebastian, and Ninth Stage. It makes me proud that I own an STI gun. It's on my hip, as is normal when I'm allowed to carry, as I write this. It is my carry gun and it is my competition gun. Thank you STI.--Joe]

Joe Huffman  Wednesday, November 14, 2007 1:39:17 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [2]  | 
 Tuesday, November 13, 2007

Just a gentle reminder that everything you say on the Internet is read by big brother. Case in point: my post comparing ATF agents to Special Olympics participants got the attention of the DOJ:

Domain Name   usdoj.gov ? (United States Government)
IP Address   149.101.1.# (US Dept of Justice)
ISP   US Dept of Justice
Location  
Continent  :  North America
Country  :  United States  (Facts)
State  :  Maryland
City  :  Potomac
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Joe Huffman  Tuesday, November 13, 2007 2:37:39 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

Uncle points us to this article:

Privacy no longer can mean anonymity, says Donald Kerr, the principal deputy director of national intelligence. Instead, it should mean that government and businesses properly safeguard people's private communications and financial information.

[...]

Mark Klein, a retired AT&T technician, helped connect a device in 2003 that he says diverted and copied onto a government supercomputer every call, e-mail, and Internet site access on AT&T lines.

Side note: I heard of such a device from a friend in 2000.

I've gotten into debates with people that insisted we just needed "appropriate regulations with regards to the collection and use of personal information". I expect Kerr, at best, would claim regulation should be in place and would protect us from the harm that might come from government abuse. That people can believe such outrageous fantasies is so mind boggling to me that I have difficulty articulating my case through my anger.

Let me put this as simply and calmly as I can. If the government has access to information that can be abused, no matter what "regulations" are in place, it will be abused. Just two quick examples; 1) Census data, supposedly "sealed" for 72 years was used by the FBI to track down "enemy aliens and foreign nationals who might be dangerous". People of Japanese, Italian, and German descent were put in internment camps based on "sealed" information. 2) Brady records were required to be destroyed if the gun buyer passed the NCIS check. They weren't. They were kept for at least a year "for audit purposes". I told one gun rights leader that I thought the gun rights community should make it an issue to make sure these records were destroyed. He told me that it wasn't that important because even if they existed they couldn't be used in a court of law because they were "legally destroyed" even if they weren't physically destroyed. After 9-11 those records were used to find "terrorist suspects" that might own guns. People who bought guns were found and their homes searched because those records existed. Gun owners screamed bloody-murder and the gun grabbers insisted it was entirely appropriate that the law be ignored.

A few days ago I finished listening to the book IBM and the Holocaust. Read that book and you'll give strong consideration to being on a back-packing trip deep in the woods when the next census is done. Information is power, tremendous power. When the German "Police Battalions" moved in behind the army to "maintain order" they had lists of every Jew in the area. You couldn't say you didn't have any children because they knew from the census a few months or years before that you did have them. They had birth and death records, they knew who lived in which house in which town. And they were able to murder "vermin" by the millions because they had those lists.

For Kerr to say we should "redefine privacy" is an even more inflammatory statement to me than some gun grabbing politician saying they want all the guns turned in. Even if I don't have my guns I have a chance of hiding my "Jews in the Attic". But if I can't buy them food or obtain medical care for them anonymously they are toast (sick pun intended).

I have yet to hear someone give me, despite my insistence they "put something on the table" to discuss, concrete examples of regulations they think would protect people from government abuse of such data. No one has ever done so. It's always been, "those are details that need to be worked out". I suspect Mr. Kerr is no different. In practical terms there are no regulations that will ever exist that would be adequate.

From a purely hypothetical view point I would be willing to compromise on a set of regulations that probably would be adequate but would violate several articles of the Bill of Rights and probably inspire new rights to be articulated in further amendments to our constitution. I'd explain here but you really don't want to know how creative I am in defending this essential piece of liberty.

Hence, since there will be no practical regulations that will protect such data collections we must not allow such data to be gathered in the first place. And the data that is gathered must be of suspect quality. You and I, as liberty and freedom loving people, have a duty to withhold and corrupt as much of this data as we can. And Mr. Kerr should get a one-way ticket on a fence rail, naked, tarred, and feathered, to North Korea, Cuba, or some other police state. [See my follow up post.]

Update: I forgot to mention another important (because I was there and heard it with my own ears) example. While working for the government laboratory PNNL I had fellow "scientist" (he had a degree in computer science and was working in "cyber security" but was unable to write a computer program) Newton Brown tell another co-worker and I, "See this badge?  This means the law doesn't apply to us." That is the mindset of some of those in government. And for all practical purposes Newton is correct.

Joe Huffman  Tuesday, November 13, 2007 12:32:55 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [4]  | 

Judges know very well how to read the Constitution broadly when they are sympathetic to the right being asserted. We have held, without much ado, that “speech, or . . . the press” also means the Internet...and that “persons, houses, papers, and effects” also means public telephone booths....When a particular right comports especially well with our notions of good social policy, we build magnificent legal edifices on elliptical constitutional phrases - or even the white spaces between lines of constitutional text. But, as the panel amply demonstrates, when we're none too keen on a particular constitutional guarantee, we can be equally ingenious in burying language that is incontrovertibly there.

It is wrong to use some constitutional provisions as springboards for major social change while treating others like senile relatives to be cooped up in a nursing home until they quit annoying us. As guardians of the Constitution, we must be consistent in interpreting its provisions. If we adopt a jurisprudence sympathetic to individual rights, we must give broad compass to all constitutional provisions that protect individuals from tyranny. If we take a more statist approach, we must give all such provisions narrow scope. Expanding some to gargantuan proportions while discarding others like a crumpled gum wrapper is not faithfully applying the Constitution; its using our power as federal judges to constitutionalize our personal preferences.

The able judges of the panel majority are usually very sympathetic to individual rights, but they have succumbed to the temptation to pick and choose. Had they brought the same generous approach to the Second Amendment that they routinely bring to the First, Fourth and selected portions of the Fifth, they would have had no trouble finding an individual right to bear arms.

Judge Alex Kozinski
Silveira v. Lockyer
United States Court of Appeals for the Ninth Circuit
[Via Kevin.--Joe]

Joe Huffman  Tuesday, November 13, 2007 12:32:11 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 
 Monday, November 12, 2007

There is lots of chatter on the expected news tomorrow:

I agree with those that say, in essence, the U.S. Supreme Court cannot be counted to rule in any rational fashion. They will rule however they want to rule without regard to original intent. Oh, they will find something someplace to hang their decision on but they will have no qualms about putting on the blinders and steadfastly ignore data that disagree with how they want to rule.

At the end of the day (figuratively speaking, literally it will be next spring), the question is what will people do if we are ruled against. Uncle says, "Then, giddy up." Armed Canadian says he would expect the NRA to engage in its biggest fund raising drive in history. Sebastian says it will motivate people in the short term and then the RKBA will gently fade away.

One alternative is a constitution convention as discussed in the comments to Kevin's post. Yeah, right. Our country completely and totally abandoned the enumerated powers model of the constitution during the Roosevelt administration. There wasn't enough outrage then to do a constitutional convention and the loss of just one amendment that is only exercised by something like 40% of the population won't meet the bar.

Going back to the revolutionary war we find that only about one third of the population were in favor of revolt against the tyrant King George. Another one third was opposed and one third were uncommitted. So, based on that model a case could be made that enough outraged gun owners might be able to pull off an illegal action of some sort.

I'd like to imagine there would be some sort Unintended Consequences revolt to the decision but from talking to many gun owners I know that won't happen. I know of three different FFL holders that were outspoken defenders of the RKBA and told of how if they ever gave up their FFL they would have a "mysterious fire" and all the 4473s would be tragically lost. When it came down to it, all of them turned them over to the ATF with only a mild whimper. Another person was exceedingly outspoken about how strongly they believed in their right to free speech and the RKBA. It wasn't even government action, merely pressure from potential investors and employers that convinced them to take their blog offline.

Several years ago one IPSC shooter I know was complaining about the stupid gun laws and how wrong they were. I asked, "So what will you do when your guns are declared illegal and you are told to turn them in? What will you do?" He gave me a confused look and said in a tone that indicated that he thought I was insane to even ask such a stupid question, "I'll turn them over. I'll complain, but I'll turn them over."

Who do you know that has actually followed through on some illegal activity in pursuit of securing liberty for future generations? Okay, if they are smart they won't tell anyone they broke law. So lets reword that a little bit; Who do you suspect may have broken the law in pursuit of securing liberty for future generations? I'll bet you can count them all on the fingers of one hand with several fingers left over.

When talking to one outspoken (in private) gun owner and former Special Forces guy about this he explained that the conditions for revolution is a well known science. IIRC he told me there are five stages to this. Until the people are in stage four there is no point even pushing people in that direction. Our country is, at most, in something like stage 1.5. I tried to push for more, what are the stages? How do you measure them? But he claimed it was too many years ago and he didn't remember.

In the darkest days of the Clinton administration gun rights leaders were privately saying they were merely fighting a delaying action. The war was lost and they were merely fighting on to postpone the inevitable. One evening after attending a public hearing in which the city council discussed destroying confiscated guns rather than "turned them loose on the streets to kill again" (sell them to local gun shops) I found myself alone in the parking lot with a gun rights leader. I asked what about a revolution? What will it take for people to say, "You have gone too far. This cannot be tolerated."? He told me it would never happen. If for no other reason than other countries would not allow us to have a revolution. The U.S. is just too important to the world economy for the other countries to tolerate a civil war. If nothing else they would starve us of critical materials that would shut us down. Embargoes would hurt us so badly that no one would be willing to take the hit in their lifestyles for the sake of their guns and liberty.

The bottom line is that I think Kevin and Sebastian are right. This is for all the marbles. If we lose, then that's it man, game over man, game over.

Update 11/13/2007: Today isn't the day after all. I'm reminded of the Emerson decision that took something like a year and a half to be decided when most cases were decided in a few months.

Joe Huffman  Monday, November 12, 2007 11:19:33 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [14]  | 

Last December I got a call from a newspaper wanting to talk about illegal bomb building. I posted about it here. In August Michael Blattner, the college student that got caught with the pipe bomb materials, plead guilty to knowingly and unlawfully possessing firearms at the dorm and at his parents' home. This Thursday Blattner will be sentenced.

From what I can determine about the facts in the case the most Blattner was guilty of was being stupid. Oh, he probably violated several laws here and there but they were all victimless crimes. The type that nearly all gun owners violate all the time without realizing it. Nothing new to report there. Some stupid kid gets his life messed up because the government is overstepping it's constitutional authority--it happens all the time.

What surprised me is this:

Two agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will be honored in Pittsburgh today for their investigation into a former California University of Pennsylvania student accused of possessing pipe bombs.

[...]

ATF agents Matthew Regentin and Ben Cornali will join a handful of law enforcement officers from western Pennsylvania being honored at the 10th Annual Law Enforcement Agency Directors Awards Ceremony.

The men are credited with the arrest of Blattner, 19, who was charged last year in federal court with knowingly and unlawfully possessing firearms at the dorm and at his parents' home following a 10-day investigation.

According to the criminal complaint filed in the case by Regentin, police approached Blattner regarding suspected bomb materials on Dec. 5, 2006, at his dorm room in Residence Hall A.

Regentin said that when police - led by ATF agents and the Allegheny County Bomb Squad - searched Blattner's dorm room, they discovered six pipe bombs ranging from 2 to 4 inches long wrapped in black electrical tape.

Additionally, Regentin said police uncovered two journals detailing the making of improvised explosive devices (IEDs), including drawings of pipe bombs and two sketches specifically titled "medium pipe bomb" and "planted IED" (Improvised Explosive Device).

If you read the original newspaper article you will see the local hardware store turned the kid in. As near as I can tell the ATF agents merely did a little searching through the kid's places of residence and concluded he broke some law. Yet they are being "honored" for this. Had they done some great detective work, disarmed a bomb about to blow up a school, or successfully taken down a criminal/terrorist gang that had thousands of pounds of explosives with plans to kill people or do extensive property damage I would be in line to congratulate them on a job well done. But to have some poor smuck handed to them on a silver platter then for them to be "honored" tarnishes the meaning of honored.

Maybe there is more to the story and I'm way off base. If so, someone let me know and I'll update my post. But until then I'll just have to conclude the agents were so stupid that this awards ceremony is like a Special Olympics contest where the contestants were so severely handicapped you are amazed they know which direction to run and everyone deserves an award for just showing up.

Joe Huffman  Monday, November 12, 2007 9:51:29 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

According to this report a box of .45 ammo on the U.K. black market cost from £2,000 to £3,000 ($4000 to $6000). Talk about opportunities for a profit! That has to to be more lucrative than drugs.

At second thought I think there must have been a mistake made somewhere along the way. They also say a .38 "bullet" cost £0.50 which would translate into about $50 for a box of fifty. Why would .45 ammo cost 100 times that of .38 ammo? Still there is more than adequate markup for someone with a Dillon 1050 to make a lot of money in their basement.

Joe Huffman  Monday, November 12, 2007 9:45:01 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

Smith advocates getting rid of Martin Luther King Day and replacing it with John Moses Browning Day. He makes some good points:

For the record, I am opposed to Martin Luther King, Jr. Day as a national holiday in the month of January or, for that matter, any other month. It isn’t that I oppose a national holiday celebrating the legacy of America’s greatest civil rights leader. I just don’t believe that King was our greatest civil rights leader. I believe that distinction belongs to John Browning.

Since John Moses Browning was born on January 23rd, 1855, it will be easy to make the transition from a Martin King to a John Browning national holiday. And it will be educational, too. Many gun owners are unaware that Browning sold 44 guns to Winchester including the Model 94 level action repeater. Guns based on the Model 94 design and chambered in 30-30 have probably killed more deer in North America than any other model before or since.

Few Colt owners have had a chance to shoot the .30 and .50 caliber machine guns or 37-mm aircraft cannon. But all of those lucky enough to own Colts including the .45 Caliber and Woodsman models are benefiting from a basic design coming from the greatest genius the firearms industry has ever known.

Today’s “civil rights” movement has become a disgrace largely because it is based on the idea that people are entitled to things they did not earn through the fruits of their own labor. Instead, people are given things on the basis of what their ancestors suffered – all coming from those who did nothing wrong on the basis of what their ancestors did wrong.

But John Browning was a different kind of man. He refused to take anything he did not earn. He even refused an honorary degree from a university on the basis of that principle. Al Sharpton and Jesse Jackson could learn a lot from a man who practices what he preaches.

Although it took a lot of courage to attack MLK I'm not sure there was anything to be gained by that except getting a little more attention. That extra attention is likely to be about 90% hostile.

Joe Huffman  Monday, November 12, 2007 9:17:06 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [1]  | 

The internationally organized bigots are a little more open about their objectives than are the ones in the U.S.:

All our objectives are predicated on the belief that the interests of public safety demand a reduction in the availability and attractiveness of guns of all kinds.

  1. Minimum age of 18 for the ownership, use and possession of all guns. 
  2. One certification system for all legal weapons i.e. rifles, shotguns, airguns. 
  3. Certification of all deactivated weapons. 
  4. Multi-shot rifles and shotguns to be banned. 
  5. Practical or Combat shooting or any other shooting practice which involves the simulation of real life situations and/or the use of human shaped targets to be banned.

We recognise the existence of a significant minority interest in shooting for sport, and our proposals are aimed at striking an appropriate balance between the sport-shooting interest and the overriding interest in public safety.

Notice that self-defense is not recognized as a legitimate use of firearms. In fact they call out practice for self-defense to be banned. The most basic human right, the right to defend one's own life, should be forbidden. People that advocate this are not worthy of living in society. They should be be in prison or hung just as the Nazis in Nuremberg. They are participating in crimes against humanity. Our country has laws against conspiracy against rights and if they touch foot on our soil they should be arrested and put on trial.

Joe Huffman  Monday, November 12, 2007 5:51:23 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [2]  | 

Guns can provide an intoxicating and almost pornographic attraction to young men who often feel powerless, according to academics in the field.

Chris Summers
November 12, 2007
Who carries guns and why?
BBC News
[The actual report is here. What is interesting to me is the report does not include the words "porn" or "intoxicating" in any form. Apparently Summers is just making stuff up.--Joe]

Joe Huffman  Monday, November 12, 2007 5:32:26 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [2]  | 
 Sunday, November 11, 2007

The TLB ecosystem must be going through some global climate change or something. I doubt my blog will remain a Marauding Marsupial very long:

Joe Huffman  Sunday, November 11, 2007 8:56:47 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [3]  | 

The Seattle Times has an almost unbiased article on the Heller case and the U.S. Supreme Court. What's really interesting to me is they didn't get any comment from the local anti-gun organization Washington Ceasefire. I haven't paid that much attention to local politics for several years but I remember several years ago when Washington Ceasefire had the local media eating out of their hand. It seemed like it was several times a month when the media would, essentially, print their news releases. And now with big news happening on the gun rights issue the local bigots are not to be heard. Their website shows no real activity since April of this year.

I looked at Ceasefire Foundation of Washington (non-profit branch of Washington Ceasefire) finances and updated my spreadsheet of anti-gun finances but didn't learn a whole lot. Their pattern correlates closely with that of other anti-gun owner organizations. But it hasn't, as of late 2005, gotten into what would appear to be a desperate situation.

Joe Huffman  Sunday, November 11, 2007 8:44:48 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 

I had to read this article twice to figure out what they were actually doing with their grant money. It turns out they are apparently taking a stroll into an alternate reality where good intentions make a difference. In their world view gang members need to be offered "alternatives to their current lifestyle".

I call it wistful thinking but they call it Project Ceasefire:

"Our role in Project CeaseFire is, quite simply, to stop the next shooting," state Attorney General Anne Milgram said, referring to the name of the statewide campaign and its tagline. "And if we do that, we can save lives."

[...]

Friday's news conference, held in the lower level of Plainfield Public Library before more than 100 people, also marked the graduation of eight paid outreach workers who endured 40 hours of training, including nighttime strolls in crime-ridden areas of other cities.

The workers said they will devote their time to consoling families affected by gun violence, offering gang members alternatives to their current lifestyle and promoting safe streets by holding community events such as a proposed midnight barbecue in the city's West End.

The group, led by Angela Piggee, executive director of the Liberty Community Development Corporation, includes: Arlinda Harris, Ethel Wheeler, Eric Spann, George M. Brown Sr., Amy Concepcion, Tawana Fields and Wanda Lyles.

Though Piggee said she received a number of unspeakable responses when she and fellow trainees attempted to talk to gang members in other cities, Piggee said she remained optimistic about the outreach efforts in Plainfield.

Joe Huffman  Sunday, November 11, 2007 7:45:16 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [1]  | 

I suppose it's possible they figured out a way to get away with it but it sure sounds like entrapment to me:

What they noticed was that the maximum penalty for selling a firearm to a convicted felon was the same as that for being a felon in possession, 10 years in prison. So they enlisted a confidential informer with a felony record to start buying guns from gang members.

Joe Huffman  Sunday, November 11, 2007 7:32:56 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [2]  | 

Government: If It Ain't Broke, They'll Break It

Larry Elder
November 8, 2007
From the article by that name.
[I really need to write up my "Just One Question" for big government advocates (see also this post and comments). This article will be one of the references.--Joe]

Joe Huffman  Sunday, November 11, 2007 8:50:13 AM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [0]  | 
 Saturday, November 10, 2007

Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.

Albert Einstein
[There are times when I'm very discouraged. There are times when it just doesn't seem worth gnawing through your restraints to get up in the morning.--Joe]

Joe Huffman  Saturday, November 10, 2007 6:32:17 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [2]  | 
 Friday, November 09, 2007

Give me a lever long enough and a fulcrum on which to place it, and I shall move the world.

Archimedes
[From some reason Kevin's project reminded me of this.--Joe]

Joe Huffman  Friday, November 09, 2007 7:41:41 PM (Pacific Standard Time, UTC-08:00)  #    Disclaimer  |  Comments [1]  | 

In spite of a lifetime of indoctrination to the contrary at public schools, some students are figuring out that being in a "gun free zone" can put you at risk.  Here in Moscow, pro rights students at the University of Idaho are making themselves heard.  This comes shortly after our socialist mayor, Nancy Cheney, tried to ban guns in "public places" and was told by the state attorney general to back off.  "Preemption" laws state that a local government may not enact gun laws that are more strict than state law.  Yet hear we have a state-funded institution