Interstate Transportation of Firearms and Ammunition Bill

HR 131, recently introduced by U.S. Rep. Morgan Griffith (R-Va.)

Current federal law guarantees the right of law-abiding persons to transport firearms between two locations where they have a legal right to possessand carry them, regardless of state or local laws that would otherwise apply. The firearm must be cased or otherwise not readily accessible. Unfortunately, anti-gun local officials are using overly restrictive state licensing laws to harass and prosecute travelers who have made every effort to comply with the law, resulting in seized guns that are sometimes never returned, delayed travel, legal fees, and sometimes even unnecessary guilty pleas.

H.R. 131 would ensure the law has the effect Congress intended when it passed more than 25 years ago. Specifically, the legislation would make clear that transportation of both firearms and ammunition is federally protected, as well as expand the protections afforded to travelers to include “staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental” to the trip. Additionally, the bill would place the burden of proof clearly on the state to show that the traveler failed to comply with the law.”

Emphasis mine. So some state clowns have been flouting federal law in going after people who travel innocently through their states with gun.
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Responsible Body Armor Possession Act

HR 378

The title is of course misleading, as is all the speech of authoritarianism. Is it to protect the possession of responsible body armor? But an inanimate object can be neither responsible nor irresponsible. Is it to protect responsible bodies with armor? If so, why does it limit said armor? Is it to protect the responsible possession of body armor? How then would body armor be possessed in an irresponsible manner? Are there hoards of people possessing their body armor in some obnoxious fashion, say, wearing orange body armor with red clothing? One is given to wonder.

With all the Progressives pretending to be concerned, to the point of hyperventilating, about all the carnage carried out with guns, you’d think the one thing they’d want to see, besides a monopoly on gun possession for criminals, is more people wearing more effective body armor. Oh wait…

Authoritarians are of course insane, so in that sense there is nothing to see here.

One has to wonder what the authoritarian Republicans will do with this. My gut tells me they’ll be very much in favor of it, but will at the same time feel uncomfortable about letting their support be known. How that will manifest itself in their political actions I cannot guess. This sort of thing is an on-going problem for them (damn those liberty-minded little Hobbits!).

Please try to avoid getting caught up in the matter of the technical details of the various classes of body armor. This has nothing to do with any of that you know.

If the truth be known (perish the thought) this is one of many signs indicating that Congress is preparing for war with the American people. Many of them are no doubt blissfully unaware of that prospect, but it must be understood that blissful unawareness, and the vehement defense thereof, is a key component of such campaigns, right up to, and through, the the very end.

Fire, prosecute, and scorn them

Via Dave Hardy and Kelsey Harkness, we have the December 8, 2014 Staff Report on Federal Deposit Insurance Corporation’s Involvement in “Operation Choke Point”. It contains these key findings:

  • The Federal Deposit Insurance Corporation, the primary federal regulator of over 4,500 banks, targeted legal industries. FDIC equated legitimate and regulated activities such as coin dealers and firearms and ammunition sales with inherently pernicious or patently illegal activities such as Ponzi schemes, debt consolidation scams, and drug paraphernalia.
  • FDIC achieved this via “circular argument” policymaking: there was no articulated justification or rationale for the original list of “high-risk merchants.” Yet a list of “potentially illegal activities” included in FDIC’s formal guidance to banks justified itself by claiming that the categories had been previously “noted by the FDIC.”
  • FDIC’s explicitly intended its list of “high-risk merchants” to influence banks’ business decisions. FDIC policymakers debated ways to ensure that bank officials saw the list and “get the message.”
  • Documents produced to the Committee reveal that senior FDIC policymakers oppose payday lending on personal grounds, and attempted to use FDIC’s supervisory authority to prohibit the practice. Personal animus towards payday lending is apparent throughout the documents produced to the Committee. Emails reveal that FDIC’s senior-most bank examiners “literally cannot stand payday,” and effectively ordered banks to terminate all relationships with the industry.
  • In a particularly egregious example, a senior official in the Division of Depositor and Consumer Protection insisted that FDIC Chairman Martin Gruenberg’s letters to Congress and talking points always mention pornography when discussing payday lenders and other industries, in an effort to convey a “good picture regarding the unsavory nature of the businesses at issue.”
  • FDIC actively partnered with Department of Justice to implement Operation Choke Point, and may have misled Congress about this partnership.
  • Because of this pressure by the FDIC private companies which create and sell compliance and risk management training software incorporated things such as:

    image

    The pressure was far from subtle. The official referred to in the following is Jim LaPierre, Regional Director of the Kansas City Region:

    The official told the banker, “I don’t like this product, and I don’t believe it has any place in our financial system. Your decision to move forward will result in an immediate unplanned audit of your entire bank.”

    This is what you get with government employees who believe they are masters rather than public servants.

    A good start on the way to restore public trust would be to release the names of the scoundrels so they can be publically scorned. While I am sure there are many more here are some names from the report:

    • Anderson, James L.
    • Bar, David
    • Benardo, Michael B.
    • Bowman, John B.
    • Bresnick, Michael
    • Brueger, Kathleen S.
    • Brown, Luke
    • Butler, Janice
    • Delery, Stuart
    • Dujenski, Thomas J.
    • Eberley, Doreen R
    • French, George
    • Gray, Andrew
    • Gruenberg, Martin J.
    • Jackson, Michael L.
    • LaPierre, Jim
    • Lowe, Anthony M.
    • Osterman, Richard J.
    • Pearce, Mark
    • Plunkett, Sylvia H.
    • Miller, Jonathan N.
    • Miller, Rae-Ann
    • Sagatelian, Marguerite
    • Sawin, April D.
    • Spitler, Eric J.
    • Sweet, Joel
    • Watkins, James C.
    • Valdez, Victor J.
    • Weatherby, Katheryn M.

    The public servants who “debated ways to ensure that bank officials saw the list and ‘get the message’” need to be sent a very strong “message”. They should be fired, prosecuted, and held personally responsible for the harm done to the business affected and the general public by their illegal and immoral actions.

    Seattle Smart Gun Symposium part 4

    See also Seattle Smart Gun Symposium part 1, Seattle Smart Gun Symposium part 2, Seattle Smart Gun Symposium part 3, and Smart Gun Symposium in the news.

    Margot Hirsch
    President, Smart Tech Challenges Foundation

    Hirsch didn’t really say a lot but what she did say demonstrated she was generally knowledgeable about the technology. The only thing I thought she was off base on was she thought smart guns would protect against thieves. The other thing of note which she said was that the market for this technology were families.

    The following information is from the bio given to participants:

    Margot Hirsch is the President of the Smart Tech Challenges Foundation (STCF) a non-profit focused on reducing gun violence through the technology and innovation. The STCF was formed in 2013 with the mission of bypassing the political gridlock and polarizing debate around gun control versus person freedoms, by spurring innovation in technologies that serve to reduce firearm-related injuries and death. By awarding grants directly to innovators through the first-of-its-kind Smart Tech for Firearms Challenge, Margot is on the leading edge of inventive challenge philanthropy, finding market-based, entrepreneurial solutions to a social problem that claims over 30,000 American lives annually. She is responsible for the overall strategic direction of the foundation, running operations, board development and fundraising.

    Prior to joining STCF, Margot was Regional Vice President of Blackboard, Inc. where she led international sales for the Connect division of Blackboard, a leading provider of learning solutions to the education market. With over 25 years of sales and business development in the technology industry, Margo has held business development and sales management roles at Smartforce/Skilsoft, eProsper, Angel Investors, Global Village and American Express.

    More information about the organization and some of the people and technology they have given grants to can be found on their web site.

    Mark Burles
    Vice President, Penn Schoen Berland

    Burles presented polling data from a recent survey they had done for Washington CeaseFire. One should be careful using their data. From their website:

    What We Do

    How We
    Do It

    1

    DEFINE YOUR
    COMPETITIVE
    ADVANTAGE

    We measure a brand’s strength in context with its competitors to identify its assets, liabilities, & unique niche in the marketplace relative to the competition.

    2

    FIND YOUR
    “BASE” & “SWING”
    AUDIENCES

    Our model not only identifies a brand’s loyal customer base, but also uncovers persuadable consumer segments who can be taken from competitors to grow the brand.

    3

    CRAFT A
    WINNING
    MESSAGE

    PSB’s proprietary message development process delivers a clear roadmap of what to say, how to say it, and to whom to say it.

    4

    DELIVER A
    PERSUASIVE
    CAMPAIGN

     

    In this instance their customer is Washington CeaseFire.

    That said this is the data Burles presented to the audience:

    PennSchoenBerland01

    PennSchoenBerland02

    Online poll of 800 respondents, representative of the US General Population. Margin of error is +/- 3.46 overall and larger for subgroups.

    Questions:

    1. Is there currently a gun in your house (either owned by you or by someone else who lives with you)?
      Definition: Smart guns are guns that can only be operated/fired by the owner or per designated individual due to technology or other constraints.
    2. Would you consider swapping the guns currently in your home for new, safer “smart guns” when they come on the market?
    3. How strongly do you agree or disagree that guns dealers should be allowed to sell “smart guns”?
    4. How strongly do you agree or disagree with the following statement? Once the technology is commercially available, there should be a law saying that all firearms sold must be so-called “smart guns.”

    How do they do an online poll without a self-selection bias?

    PennSchoenBerland03

    31% of the people polled answered “Yes” to the question, “Is there currently a gun in your house (either owned by you or by someone else who lives with you)?”

    PennSchoenBerland04

    40% of the gun owners said they would swap their current gun for a smart gun. But these numbers decreased with the age of the gun owner. If the gun owner was 55+ years old only 23% would swap their current gun for a smart gun.

    PennSchoenBerland05

    66% of the public agreed that gun dealers should be allowed to sell smart guns.

    Of those that agree 87% are gun owners, 75% are women, and 59% are women.

    I don’t get this. Of those that agree, how can there be 75% men and 59% women? Surely they meant 75% the men agree and 59% the women agree. Right?

    PennSchoenBerland06

    Over all 51% think there should be a mandate for “smart guns” if the technology is commercially available. But only 38% of gun owners agree while 62% of the general public agrees with a mandate.

    PennSchoenBerland07

    Seattle Smart Gun Symposium part 3

    See also Seattle Smart Gun Symposium part 1, Seattle Smart Gun Symposium part 2, and Smart Gun Symposium in the news.

    Robert McNamara
    Co-Founder,
    Trigger Smart

    McNamara and Trigger Smart are based in Ireland. This, as he admitted, biased his views on “smart guns” in the U.S.

    His technology is RFID (Radio Frequency Identification) based and he told us it would add about $300 to the price of a gun.

    He saw them as being used for prevention of children having an accident and used for recreational firearms. He didn’t seem to have a sense for what it would mean to have his technology on a self-defense gun.

    As King County Sheriff John Urquhart pointed out police officers who lose control of their gun are almost for certain going to be close enough for the gun to be authorized to shoot when the bad guy pulls the trigger. If the bad guy were to run some distance away before shooting then it would be useful but in the immediate struggle it wouldn’t help. Hence an RFID based authorization system is of limited value in a struggle for self-defense situation.

    He seemed to think there were some people that wanted them banned. It could be that he was just misunderstanding the situation with the New Jersey mandate and how that would essentially ban other types of gun. Hence many gun owners are hostile to the introduction of “smart guns”.

    Since it is dependent upon radio communication someone in the audience asked about how it would deal with an attempt at being jammed. He didn’t seem to think it was possible. Looking at his bio I can excuse this error. His background is in property development, construction, and real estate. As an electrical engineer I can assure you it is possible to jam the communication between the gun and the RFID tag worn by the shooter.

    Loretta Weinberg
    New Jersey State Senator Majority Leader

    Weinberg takes credit for the introduction and passage of the New Jersey “smart gun” mandate law.

    She told many stories of children accidently shooting people. Her keynote speech was emotion packed and got the expected response from the CeaseFire people in the audience. I was annoyed with this because the number of people accidently killed in this manner is much less than the number of small children drowned. But we don’t have symposiums on or laws mandating “smart bathtubs” or “smart swimming pools”.

    But what really irritated me was when she said it might have prevented the Sandy Hook elementary school shooting or the terrorist shooting in France at the offices of Charlie Hebdo. To believe things like that requires a special kind of crazy. I doubt Weinberg actually believes such a thing. I suspect she is just exhibiting her credentials that enabled her to be a New Jersey politician for such a long time. She can lie convincingly when telling people what they want to hear. She was speaking to the CeaseFire audience and not to people with technical competence.

    She said there was a lot of talk among gun control people about the “smart gun” mandate law. The law had the unintended consequence of stopping the research. And you find that CeaseFire is opposed to the mandate and the Brady Campaign tried to sue and get New Jersey to enforce the mandate.

    She wrote a letter to the NRA saying that she would work to repeal the law if the NRA would stop the opposition to “smart guns”. They didn’t respond. This got groans from the CeaseFire people in the audience. I thought this was probably the smartest thing they could have done with the letter. Anti-gun people can’t be trusted. What sort of guarantee could we have in place that would prevent them from pushing for a mandate again as soon as there is a gun on the market that sort of works but makes self-defense more risky than it already is? There isn’t any.

    Judith Leftwich
    Legal Director, Law Center to Prevent Gun Violence

    When asked by moderator Dave Ross, “Is there anything wrong with letting the market decide?” Leftwich made it clear she supports mandates. When asked about the legality of mandates in light of the Heller decision which said the D.C. safe storage law was unconstitutional she told the audience that Heller only required that guns be functional. A safe storage law, in general, was not unconstitutional. D.C. had required the guns be disassembled. A “smart gun” should pass constitutional muster. Her questioner (someone from Guns.com, I think it was Max Slowik, their report is here) followed up by pointing out that Heller said that firearms “in common use” could not be banned. Leftwich drew parallel to seat belts and air bags in cars and said you can still drive old cars without airbags or seat belts. Guns shouldn’t be any different.

    Leftwich also said “smart guns” would prevent gun theft. I so wanted to ask the other panelists who actually had technical knowledge what their opinion was. But there were other people asking questions ahead of me and the answers rambled on for so long that they put a halt to the questions before I got my turn. I told her directly after the symposium that the technology couldn’t possibly stop someone with a little mechanical or electrical smarts from defeating it. She responded that thieves generally aren’t very smart. I pointed out that they could still sell the guns to someone who had the smarts. She insisted that it would still help some. I told her that the mandate will get extremely strong resistance because of the self-defense issues of reduced reliability. I don’t know if I was just starting to annoy her or if it was that particular question but her attitude changed and she didn’t seem at all interested in talking to me any more. I let it drop.


    In part four I will cover the “smart gun” poll results presented by Mark Burles, Vice President Penn Schoen, Berland.

    I received fairly detailed information on the testing of the Dynamic Grip Recognition technology. I don’t yet have permission to publish it here. I hope to get at least permission to say which of my concerns have been addressed to my satisfaction and which I think need more work. That permission probably will not be granted until Monday, if ever.

    Seattle Smart Gun Symposium part 2

    I’m arranging my post by the people who spoke in no particular order. The chronology and the topic of the panel in which they talked isn’t particularly important. I suspect there will be video available at some time but in most cases there was a lot of rambling and the information could have been presented much more concisely. Because of this you won’t see many exact quotes but my attempt to rephrase what I think is their position. I may get something wrong or miss something they believe to be important to understand their position and if they wish to contact me I’ll be glad to discuss and correct such errors.

    Ralph Fascitelli
    President Washington CeaseFire
    IMG_2041CroppedAdjusted

    I was annoyed with Fascitelli and tweeted about him a few times during the event:

    9:59 AM:

    Amazing number of lies and distortions in Washington Ceasefire Ralph Fascitelli’s opening statement.

    11:20 AM:

    Washington Ceasefire’s Ralph Fascitelli says guns are a “public health plague”.

    Fascitelli said smart guns are similar to e-cigarettes. By this he meant, in part, the established industries are opposed to them and although they are safer some anti-smoking (and anti-gun) people are concerned that because they are safer they will lead to greater use/acceptance of conventional cigarettes/guns. He is opposed to smart gun mandates and realizes that has hindered development of the technology. He hopes that people on all sides of the issue can find common ground and reduce gun violence. He recognizes that gun owners and gun rights groups do care about innocent lives.

    He strayed off topic some and said:

    • Guns are a “toxic plague” and in another instance a “public health plague”.
    • He wants limits on magazine sizes
    • He wants a ban on assault weapons

    Some of the distortions and lies I found annoying included:

    • He conflated the number of law enforcement officers killed in the line of duty by someone using a gun with those killed by someone using the officers gun. He said it was “500 over ten years”. The actual number was 511 but only 51 were shot with a department issued firearm. Fascitelli never mentioned the 51 number and expressed the “500” number in such a way that strongly implied “smart gun” technology could have saved some or all of those 500 officers.
    • During the press conference he said there were about 18,000 suicides per year using a gun and approximately 50% use a third party gun. I suspect he really meant a second parties gun but whatever. Then during the symposium he changed the numbers to 20,000 suicides per year and 10,000 people using a “third party” gun.
    • He said people under the age of 21 are not allowed to use handguns. This is false. They aren’t allowed to purchase handguns but they can own and use them.
    • He said about 10,000 U.S. children and teens have firearm injuries per year. I don’t recall if he did this or if it was only others but there were lots of stories of preteens killed and injured and then they used numbers which always included teens. The inclusion of teens of course brings in 19 year olds being shot while attempting to kill an innocent victim.

    He and some others made a point that guns currently aren’t 100% reliable but “smart gun” critics demand the “smart gun” technology be 100% reliable. I suspect he is smart enough to know this is being disingenuous. We don’t want gun reliability to decrease to unacceptable levels. One failure out of 100,000 is probably acceptable in your self-defense hand gun. A 99% accurate smart gun means one failure out 100 and is not acceptable.

    Depending on how you arrive at the numbers (see my email here) a gun that stops a kid from firing it 99.9% of the time may mean that if they try it 500 times they have a 60% chance of getting at least one shot off. 99% reliable may mean a 60% chance with just 50 attempts.

    He hinted at a great divide in the anti-gun movement over smart guns. There is the obvious unintended consequence of mandated smart guns impeding development of them. But they also have concerns that if guns became safer to own guns would be more accepted in society.

    This last point leads me to something else. I wonder if this contributes to their vehement opposition to armed school personal and sometimes even police being in schools. Are they concerned school shooting would decrease or stop and they would be less able to get traction on their anti-gun agenda? The same might be said of self-defense both inside and outside the home. Some, if not most, don’t really care that much about safety in general they just don’t want there to be guns and they even can admit this to themselves in some situations.

    John Urquhart
    Sheriff, King County
    IMG_2045CroppedAdjusted

    I really liked what Urquhart had to say and the way he said it. He was much more concise and to the point that the others and his points resonated with me. “Smart guns” aren’t ready for prime time. His deputies are very skeptical of them. You can see the mechanism of guns, you can take them apart, you can see parts are in need of maintenance, and you can clean and repair them. You can’t see into the electronics and software. You can’t know a failure is imminent with the electronics and software. A mechanical device is understandable.

    This probably paraphrasing but instead of an exact quote, “A lock box isn’t going to save your life in an emergency but a gun may.”

    CEO, Allied Biometrix
    IMG_2047CroppedAdjusted

    Allied Biometrix is licensing the commercial rights to a dynamic grip biometric device.

    He thinks the phrase “smart gun” should be dropped. It should be a “user authorized gun” or something similar.

    He sees potential for preventing accidents by children. He is adamant that thieves and terrorists (as suggested by one panelist) would be not be deterred.

    While he is against legislation mandating the technology he would welcome legislation or at least some standards established before a gun could be put on the market. He doesn’t want a “bad-actor” to get into the market with a poor quality product that would trigger New Jersey type laws or sour the market for technology that might deliver on the promise of a high tech gun. “We can’t afford a 404 error code.”

    He is also concerned about the liability issue. What if the technology fails and someone who is unauthorized to fire the gun successfully gets a shot off? Currently gun manufactures are shielded from such liability. But it seems unlikely a product that failed to do as it was advertised would be shielded. Even if it worked 99.9% of the time the liability from the 0.1% of the failures would be unacceptable. I suspect this is part of the desire for the standards body or legislation. If the tech passes some test criteria then they might claim it does it’s job good enough even though it is not perfect. I didn’t mention this to him but I think an argument could be made that it is similar to seat belts and air bags. They don’t work 100% of the time but they work well enough to save lives in many situations.

    He says the technology isn’t quite ready yet. He also made the point, “Why would consumers accept the technology if law enforcement won’t?”

    He claims his technology works about 99.9% of the time. I asked for details on how that was measured and he referred me to someone else. I called and sent an email yesterday but I have not heard back from them yet.

    In one-on-one I asked about the price his technology would add to the gun. He dodged the question somewhat and said that survey’s showed “the sweet spot” was about $200 to $300 per gun. The parts would be considerably less than that but licensing, marketing, markup, etc. would bring it up to that range.

    The CEO of Allied Biometrix wrote an article for USA Today last year which covers some of these points and more.


    Tomorrow in part three I will cover what Robert McNamera had to say about “smart guns” and his product Trigger Smart which is based on RFID technology. Also Juliet A. Leftwich Legal Director, Law Center to Prevent Gun Violence, and Senator Loretta Weinberg, New Jersey Senate Majority Leader.

    Prometheus

    Cool. Very cool, and very unexpected.

    Just got word from Vox Day that The Stars Came Back has been nominated for a Prometheus Award for this year. It’s the award given by the Libertarian Futurist Society.

    Past winners include Sarah Hoyt, Harry Turtledove, L. Neil Smith, Vernor Vinge, Terry Pratchett, Ken MacLeod, Poul Anderson, James P. Hogan, J. Neil Schulman, and many more big names. Even if I come in last place, just being nominated to potentially stand amid such a group of names is quite an honor.

    Seattle Smart Gun Symposium part 1

    Today I attended the Seattle “Smart Gun” Gun Symposium presented by Washington Technology Industry Association in association with Washington CeaseFire.

    As you might guess Washington CeaseFire is the primary anti-gun group in Washington State. Ralph Fascitelli, president of Washington CeaseFire, spoke several times and was clearly hostile to gun ownership. But he was fair to and respectful of gun owners.

    I talked to several people from the panels and Washington Ceasefire board members one-on-one during and after the event and will report in detail with my next post.

    One of the people on a panel was the CEO of Allied Biometrix. Allied Biometrix is a California based startup that is licensing commercial rights to firearms user-authenticating technology developed at the New Jersey Institute of Technology (NJIT). He clearly understood the limitations of the technology and did not overstate the potential as some of the anti-gun people did. For example New Jersey State Senator Majority Leader Loretta Weinberg suggested the technology could have made a difference in the Sandy Hook and the Charlie Hebdo shootings. When I asked Allied Biometrix what their opinion on this was he said, “Give me a break!”

    Allied Biometrix has some technology that I could see having promise in certain applications. I asked him for test result information and he requested I contact someone else for that and gave me a phone number. I called the New Jersey phone number but it was after 6:00 PM their time and the call went to voicemail. Using the name and phone number I found the contact’s email address and sent him the following:

    From: Joe Huffman
    Sent: Wednesday, January 28, 2015 3:23 PM
    Subject: Error rates for dynamic grip recognition.

    Background:

    I’m a software engineer with a master’s degree in electrical engineering. When I left Pacific Northwest National Laboratories in 2005 I was a Senior Research Scientist working on biometrics.

    I was at the Smart Gun Symposium today and spoke with the CEO of Allied Biometrix. He suggested I contact you to get my questions answered.

    Questions:

    Can you give me the approximate error rates with the dynamic grip recognition technology used with firearms authentication?

    I can envisions there being many ways to test this. Can you elaborate on the test methods used to arrive at the numbers you claim?

    In particular claiming a 0.001 false authorization rate when testing with a single unauthorized user attempting to fire the gun 10000 times is different than testing 10000 users for one attempted false authorization each. Also, there is the matter of unauthorized users deliberately attempting to defeat the system via changing their grip versus repeatedly using it in a natural, to them, manner.

    Similar issues can make the numbers for false rejection of an authorized user problematic. For example I would expect a high stress situation or injury would change authorization rate. As might hands swollen or partially numb from the cold.

    Can you give me test data that would at least partially address my questions?

    I would like to use any information you provide me on my blog. But if you would prefer I keep information confidential and just use general information I can respect that and would be grateful for any information you can give me.

    Thank you.

    Joe Huffman
    208-301-4254
    https://blog.joehuffman.org/

    I will have one or more posts on the symposium by the end of the day tomorrow and if my contact on the dynamic grip technology supplies extensive test data I’ll devote an entire post to that.

    Dave Workman was sitting just ahead of me for the press conference (about an hour before the actual symposium) but left before the symposium started. He does have his response to the press conference here and it is something you should read.

    Quote of the day—Catalina Kelly

    The families blamed Bushmaster for creating an aura around its model XM15-E2S that allegedly empowered the shooter, giving him the ability to perform like a solider in the theater of war.

    Catalina Kelly
    January 23, 2015
    (CT) Remington pushes Newtown lawsuit to federal court
    [While a bit of exaggeration there is more than a little truth to this.—Joe]

    Mugme street news

    From downtown Seattle on the street Barb calls “Mugme Street” via the Seattle Police:

    Two men were wounded by gunfire Wednesday evening in downtown Seattle.

    Officers on foot patrol near Westlake Center heard gunfire just after 8 p.m. Wednesday and ran toward the sounds of the shots. Police saw a large group of people running from 3rd and Pine St, where officers found two men with gunshot wounds.

    I don’t even like being there during the daytime.

    Today is The One Day…

    …we are told, by someone (?) to celebrate the life’s work of one Dr. Martin Luther King Jr. – gun owner, second amendment supporter and NRA member.

    OK, but if I approve of his message and his efforts, then surely every day is MLK Day, no? Just as, if you’re a Christian every day is Christmas.

    Anyway; I wonder what MLK Jr. would say today, more than 50 years later, of race relations and the moral state of Americans. I don’t recall him having said;

    “I have a dream…of a day when a little black child and a little white child will sit down together, and the little black child will accuse the little white child of exercising “White Privilege” and blaming him for his problems. I have a dream of a time when over ninety percent of all black people will sell their votes to the political party of the KKK in exchange for largess, indoctrination into the authoritarian system, lies and broken promises. I have a dream of a time when black people are corralled into dysfunctional, government-union-controlled schools, discouraged from using the schools of their choice, and taught hopelessness and anger instead of hope and love, and I have a dream today, People, of a time when government will have replaced the father in the majority of black families…”

    No, I don’t recall him saying any of that, but that is apparently what some people are celebrating today, while calling for more of the same.

    Needing clarity

    There has been much wailing and gnashing of teeth over what to do with the “terrorism done in the name of Islam” problem in the wake of the recent events in France, just as there is after each such event. Many talking heads say many things, but mostly their words shed darkness rather than light. The first step in finding a solution is properly defining the problem. Without clarity, there can be no visibility.

    I have a simple proposal:

    The next time there is such an event in a western nation and we can positively identify and surround the perpetrators before they are dead, we offer them this deal: Drop their guns/bombs and hold up their hands and surrender with the remaining hostages unharmed, and they can be tried in the Sharia court of their choice, with the following caveats: the trial must be started within one year, the verdict delivered within two years, and the court must be formally recognized and approved of by at least two leading national Islamic leaders in the Islamic world (such as the Grand Mufti of Saudi Arabia and the Ayatollah of Iran, or similar) who acknowledge in public, in the nation’s native language, to the people of their respective nations, the court’s legitimacy.

    Either they find the perps not guilty and we can have an official Islamic court ruling that Sharia is utterly incompatible with western culture, laws, and values; or they are found guilty and executed, and we have an official Islamic finding that terrorism and murder is forbidden under Islam. If no leading scholars will recognize the court publicly it will be a tacit admission they want it both ways – be legal in Islam, but not have the west see that.

    Either way, the clarity such a decision would provide would allow the appropriate battle-lines to  be drawn, so the proper war could commence with sides more clearly delineated.

    Achtung, Juden! Das ist Verboten!

    In processing a customer order today, we got a “Service Not Allowed” message from our credit card merchant services bank. They’re the ones who handle all of our credit and debit card transactions. We called them to find out what this message means, because we’d not seen it before. Well, they were by this time quite familiar with the “problem”. The problem is MBNA, in this case, who issued the card to our customer, DOES NOT ALLOW TRANSACTIONS WITH GUN RELATED BUSINESSES.

    If you’re doing any business with MBNA, you’d best give them a jingle, and DO NOT FORGET this. This sort of thing seems to be on the rise, and it will get worse unless we push back, soon.

    Update, Jan. 7, 2015; The customer called his bank, assuming the “Service Not Allowed” was due to a late payment on his part. As I explained to him several times; we were told by our Merchant Services bank that it was due to MBNA policy, and that our Merchant Services people were quite familiar with said policy as they’d had to deal with such denials many times previous. The customer only repeated what he’d said about a possible late payment. In any case, the transaction, on the same card, was approved today. All I can make of it, given what we were told by Merchant Services, is that MBNA will cave without comment or discussion once they’re called on it. From what commenters are saying, the practice of denying transactions may be random, or it may be targeted toward individual customers or vendors. Without more information I have no way of knowing. This would all seem quite unbelievable, except for what we already know about the recent IRS targeting, Fast & Furious, the attempted intimidation of Sharyl Attkisson and others, and other insidious pranks aimed at the perceived enemies of Progressivism.

    Merry Christmas

    And if we’re going to acknowledge the reason for the season (or is it the season for the reason?), well;

    “It is the night of our dear Savior’s birth
    Long lay the world in sin and error pining
    ‘Til He appeared and the soul felt its worth
    A thrill of hope, the weary world rejoices
    For yonder breaks a new and glorious morn'”

    That’s from an old song of course. I found it had a certain ring to it.

    A chink created in GCA68

    Via Dave Hardy and WSJ. This is a really big deal:

    This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment. Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotionally devastating divorce. Consequently, he can never possess a firearm. Tyler filed suit in federal court, seeking a declaratory judgment that § 922(g)(4) is unconstitutional as applied to him. The district court dismissed Tyler’s suit for failure to state a claim. Because Tyler’s complaint validly states a violation of the Second Amendment, we reverse and remand.

    This creates a significant chink in GCA68:

    In this case of first impression, we consider not the what, where, when, or why of the Second Amendment’s limitations—but the who.6 Specifically, does the Second Amendment forbid Congress from prohibiting firearm possession by all individuals previously committed to a mental institution?

    It also reviews the level of scrutiny being applied by other courts, expends several pages on it, and:

    We conclude our explanation of choosing strict scrutiny with a reminder of intermediate scrutiny’s shaky foundation in Second Amendment law.

    Strict scrutiny it is!

    With strict scrutiny the law must be narrowly tailored to a compelling state interest. The fact that someone was once confined to a mental institution does not mean they should necessarily be prohibited from exercising their right to keep and bear arms for the rest of their life.

    The same could easily be said of those who have committed non-violent felonies.

    This ruling could help end the “sporting purpose” test and the Lautenberg Amendment.

    Although this was in the sixth circuit and not the ninth which covers Washington State you can see how strict scrutiny would mean the end of the most onerous portions of I-594. How can a law preventing students in a classroom from passing a an unloaded firearm to another student be considered “narrowly tailored to further a compelling state interest”? The only way that can be true is if the state interest is that there not be a right to keep and bear arms.

    Why just the gun manufacturer?

    I’ve been thinking about the lawsuit against Bushmaster because of the Sandy Hook Elementary school shooting. And the more I think about it the more clear it becomes that our political opponents are not rational.

    If the gun manufacturer is responsible then isn’t the magazine manufacturer just as, if not more, responsible? Why just the gun manufacturer?

    What about the manufacturer of the custom springs in the gun? Why just the gun manufacturer?

    What about the manufacturer of the ammunition? Why just the gun manufacturer?

    What about the manufacturer of the propellant in the ammunition? Why just the gun manufacturer?

    What about the manufacturer of the bullets? Why just the gun manufacturer?

    What about the manufacturer of the shell casing? Why just the gun manufacturer?

    What about the manufacturer of the cups, anvils, and explosive compounds in the primers? Why just the gun manufacturer?

    And of course we could, and have, asked similar questions about the car the shooter drove to the school, and that leads to the gasoline, tires, oil, and roads he used to get there. And once we go there why not the shoes and clothes of the shooter? Or maybe he wore glasses and would have had trouble hitting his targets if it hadn’t been for the manufacturer of the corrective lenses and the optometrist who prescribed them.

    We could carry this on to bizarrely extreme levels but I’ll leave that as an exercise for the reader. So how does the anti-gun mind work such that they think the gun manufacture is responsible but none of the other manufactures of the components involved in the crime are? The point is that there is no clear threshold where it is easy to say the manufacturer of one component is responsible and the next is not.

    The only thing I can think of is that they have some mind distorting hatred of GUNS!!! such that they cannot think rationally. They recognize the absurdity of blaming the car and corrective lens manufacturers but it just doesn’t register that since the ownership of a gun is constitutionally protected right that makes the liability of gun manufacturer even more absurd.

    The inability to recognize the obvious in defiance of clear and presence evidence is evidence of a mental disorder. We see it with Peterson Syndrome and we see it here.

    What’s going on here?

    This is an elaboration of a comment I posted on Paul Barrett’s article about the inevitable failure of the lawsuit against Bushmaster in regards to the Sandy Hook tragedy. Barrett went to law school and has more than casual acquaintance with firearm law. I share his certainty it will fail.

    I would have expected most reputable lawyers would have redirected the parents of children murdered at Sandy Hook to counseling rather than to pursue a hopeless lawsuit against the manufacture of a gun. I can understand the pain and even a need to “do something” but a lawyer who did any research at all, let alone gave it a few minutes of thought, should have concluded such a lawsuit is doomed to failure and deepening anguish for the parents.

    I initially hypothesized the lawyer involved was someone desperate for money and at least momentary fame. But it is a law firm with a history that goes back 75+ years (via an article on CNN Money).

    It’s possible they are short on money and with nine parents backing the lawsuit they may be able to bill (bilk?) them for perhaps a much as a million dollars. But will losing such a high profile case be to their benefit in the fame department? It’s been said many times that there is no such thing as bad publicity but that is usually in a much different context. When winning is what matters to your customers you don’t want to be well-known as a loser.

    Lawyer David Hardy says, “I really can’t see it as filed in good faith.”

    So I’m perplexed by this. Are the lawyers in this firm so ignorant of gun law (Lawful Commerce in Firearms Act), proximate causation precedent, and blinded by emotions that they think they have a chance “because GUN!!!”?

    Remington clarification

    Here are some of the headlines from the lamestreet media (phrase stolen from Alan Korwin):

    Never trust the media to get things right. Especially in relation to firearms. Here is what Remington says, via a Tweet from greenmeanie:

    HOUSTON, Dec. 6, 2014 /PRNewswire/ — On Dec. 5, 2014, papers were filed seeking approval of a proposed settlement of two economic class-action lawsuits of certain Remington bolt-action centerfire firearms that contain either a Walker trigger mechanism, or a trigger mechanism which utilizes a “trigger connector.”

    The filings triggered multiple news reports that mistakenly conveyed the proposed agreement in significant fashions that require immediate clarification.

  • These settlements are not recalls.
  • These settlements are not any admission that the products are defective or unsafe.
  • These settlements are an opportunity for any concerned consumers who have the Remington Model 700, Seven, Sportsman 78, 673, 710, 715, 770, 600, 660, XP-100, 721, 722 and 725 rifles with either a Walker trigger mechanism, or a trigger mechanism which utilizes a “trigger connector” to have Remington install a new trigger.
  • The benefits under the settlement, including the trigger replacement program, will not be in place until after court approval of the settlement and full notice will go out at that time.
  • This culminates from extensive mediator-supervised negotiations between lawyers for those concerned about the triggers and Remington, who while denying there is any cause for concern, always desires to ensure that its customers are satisfied with Remington products.

    A joint press release will be issued to better explain details of the proposed settlement.

    For further information, contact: Mark Lanier at wml@LanierLawFirm.com; 800-723-3216

    SOURCE Lanier Law Firm

    Black lives matter

    That is one of the communists’ protest lines. But of course they don’t mean it, and Glenn Beck proves it.

    They did a great job this morning.

    By their lack of response to, or even discussion of, the high crime and violence rates in some of our Democrat-controlled cities, Obama and Company, Van Jones and other mayors, and the left in general, reveal their true intentions. They don’t give a DAMN about black lives. In fact, they continue to push harder for more of the same garbage that helped to create the problem, and they will not stop. They can not stop, for to stop making things worse would require the abandonment of their entire narrative AND trillions of dollars in confiscation and re-distribution schemes.

    They’re trapped, in a sense. Everything they’ve striven for in the last 100+ years is going to come crashing in on them. Some of them actually want that. Not one of them understands the implications.

    Some people get it

    Meet Jonathan Gentry.

    This is what happened as I see it now. The Party of the KKK, the Party of Progressivism and Margaret Sanger, saw what was happening in the 1960s, and saw that they could not stop it. So they got out in front of it. It’s a standard tactic of the left; if you can’t stop it, at least take some credit for it, join in, and steer it your direction or otherwise work it to your advantage. Co-opt it.

    Now the Democrats have over 90% of Black Americans in their back pocket, keeping them angry, keeping them feeling sorry for themselves, keeping them hopeless, and thus keeping them voting Democrat. Meanwhile far more black babies are being aborted, as a percentage, than white babies, and the black family has been degraded such that Black mothers turn increasingly to the government as a surrogate father. Margaret Sanger, right there. She and Woodrow Wilson both loved the KKK.

    In summary; the Democrats, with help from Uncle Toms like Al Sharpton, Jessie Jackson and promoter of violent revolution Lewis Farrakhan, are trying to turn black Americans into the objects of hate that they’ve always been for Progressives. And as a two-fer, they’re also trying to turn police into the “pigs” that the hippie/beatnik/communist/Progressives said they were back in the ’60s.

    Same thing has been happening with the feminist movement, by the way. It’s standard playbook. Co-opt a budding pro-liberty movement and turn it into a tool of agitation, of anti-liberty, anti-rights, anti-capitalist anti-human activism. It’s happening all around you.

    Meanwhile, the Republican Party is frozen stiff with fear, and anger at their own base. They didn’t get into politics to fight. They didn’t run for office to be harangued and maligned, yet that’s what they’re facing, and they’re making it worse the longer they sit on their hands and play their stupid games. They will never lead. Principled leadership has been bred out of the Party. Forget the parties. They’re done. Totaled. FUBAR. It’s up to the People.

    Edited to add; Here are a few famous and very loved Progressives, spilling the beans;

    Early 20th Century playwright and darling of the Progressives, George Bernard Shaw.

    Democrat President Woodrow Wilson and his pro KKK movie “Birth of a Nation”.

    Margaret Sanger, early 20th Century Progressive, revered to this day, on the “Negro Problem” and the purpose of advocating birth control. Sound familiar? It should. It was the inspiration for the German National Socialist’s Eugenics programs, and their Final Solution, which we now know as The Holocaust.

    And we’ll wrap it up with another all-time darling of the Progressives all my life and even to this day, Helen Thomas on what they view as the Jewish Problem.

    They must be laughing like hell at the fact that they actually managed to get the American black and Jewish votes wrapped up, and that no one called them out on it all this time.