The house passed the Protection of Lawful Commerce in Arms today.  As a libertarian and a 2nd Amendment purist (“What part of shall not be infringed don’t you understand?”) I’m opposed to the law.  It simply shouldn’t be necessary.  These cases should be thrown out of court after the first 30 minutes.  As a pragmatist I support it because things are not working as they should and we apparently need to engage in some dirty fighting rather than remain pure.  As Joe Waldron (see also his comments in this news release) recently stated in an email to the WA-CCW Yahoo group:

We’re giving up required provision of a $5 locking device (nothing says you have to use them, nor does it say you can’t bring your own device from your previous gun purchase; you give the lock to the dealer, he gives it back to you with the gun) for the most significant tort reform bill in recent history, a bill that will protect gun manufacturers, distributors and dealers from nuisance lawsuits that are killing the industry. These suits are filed with almost no chance of succeeding, but cost the industry millions annually to defend.

The alternative is to hold out for a “pure” bill… and watch it die again this year. And the manufacturers/distributors/dealers will continue to shell out $$$ in legal costs.

It looks like the bill went 90% our way, 10% the other way. Those are pretty good odds/returns to me.

I’m all for winning and getting a little bit dirty rather than losing and staying clean.  Yes, it might have some unintended consequences with the trigger lock and armor piercing ammo provisions in it.  More on that later.  But more important is the favorable impact it has both practically and politically.  As reported by Reuters:

Opponents said they would oppose it in the courts, arguing it violated the U.S. Constitution.

But Wayne LaPierre, executive vice president of the National Rifle Association said he believed the bill’s passage would mark a big setback for gun control advocates.

“I think the air is out of the gun control balloon, and I think what popped the balloon is politics and elections,” he said. He predicted that several dozen Democrats would join most Republicans in backing the legislation.

I wouldn’t say “popped”.  It’s been leaking out for a couple years now.  It’s getting more and more obvious to everyone that the anti-gun crowd is suffering a meltdown.  Of course they have mental problems to support anti-freedom legislation to begin with but can be dealt with another day.  But because the people at large, many of the politicians, and to some extent the mainstream media are recognizing how really whacked out they are we have made huge gains.  Politically we are no longer on the defensive at the Federal level and in most states.  We need to build and maintain momentum against these nut cases.  I’ve posted on this before:

• Right to murder bill
• When “Ballistic Fingerprinting” fails
• If you find you are riding a dead horse, dismount
• I’m proud of my F+ grade
• Pathetic anti-gun turnout
• Happy day — end of the ‘assault weapon ban’

And just yesterday John Stossel demonstrated they are out of touch with reality quite well in a column on Townhall.com:

What if it were legal in America for adults to carry concealed weapons? I put that question to gun-control advocate Rev. Al Sharpton. His eyes opened wide, and he said, “We’d be living in a state of terror!”

In fact, it was a trick question. Most states now have “right to carry” laws. And their people are not living in a state of terror. Not one of those states reported an upsurge in crime.

But back to the Protection of Lawful Commerce in Arms bill.  It will be signed by President Bush and it will become law within a few days or weeks.  It will save the firearms industry millions of dollars each year.  It might even save your local gun range money in reduced insurance costs.  That money will be in your pocket (you do buy guns and ammo and use them, right?).

There are two downsides of the proposed law; 1) The trigger-lock requirement the Gun Owners of America have been harping on and 2) the armor piercing ammo portion of the law.  The GOA had this to say in a recent pre-written email they wanted people to send to their representatives:

S. 397 takes us dangerously close to mandatory trigger locks, and mandatory trigger locks kill.  Just ask Mary Carpenter, who has had to live with the fact that two of her grandchildren were killed in 2000, because no one in the house could disengage the gun locking device that kept the family from protecting themselves against a pitchfork wielding thug.

Yes.  Mandatory trigger locks are a bad thing.  I have a t-shirt I wear that says Trigger Locks–Rapist Approved (they are closing this item out and only have a few shirts left so buy one now!) but every new gun I have purchased over the counter, as opposed to special ordered, had a locking device with it anyway.  The impact of this law is very nearly zero in cost and behavior for everyone.

The armor piercing ammo portion of the law does not change the definition of the armor piercing ammo which was my big worry.  It’s still:

(A) The term “ammunition” means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.

(B) The term “armor piercing ammunition” means—

(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.

(C) The term “armor piercing ammunition” does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Attorney General finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Attorney General finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.

What it does do is slightly reword some existing law and adds penalties for committing a violent crime with AP ammo.  The rewording has no legal impact as near as I can tell (I’m not a lawyer if this your life at stake talk to a lawyer).  This:

(7) for any person to manufacture or import armor piercing ammunition, except that this paragraph shall not apply to—

(A) the manufacture or importation of such ammunition for the use of the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof;
(B) the manufacture of such ammunition for the purpose of exportation; and
(C) any manufacture or importation for the purposes of testing or experimentation authorized by the Attorney General;

(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, except that this paragraph shall not apply to—

(A) the sale or delivery by a manufacturer or importer of such ammunition for use of the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof;
(B) the sale or delivery by a manufacturer or importer of such ammunition for the purpose of exportation;
(C) the sale or delivery by a manufacturer or importer of such ammunition for the purposes of testing or experimenting authorized by the Attorney General;

Becomes:

(7) for any person to manufacture or import armor piercing ammunition, unless–

(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
(B) the manufacture of such ammunition is for the purpose of exportation; or
(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General;

(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery–

(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or experimentation and has been authorized by the Attorney General;

So what is happening, in Joe’s model of the political world, is that the good guys are throwing a couple bones to the politicians that need to appease some anti-freedom people “back home”.  Those politicians can say, “I voted for the safety of our children by mandating trigger locks and against armor piercing ammo.”  It’s just a couple of old dried bones.  Let them have their bones until after the next election.  We get some real meat out of this law.

From a KABA alert:

FEDERAL JUDGE HALTS NEW ORLEANS GUN SEIZURES

BELLEVUE, WA – The U.S. District Court for the Eastern District of Louisiana this afternoon issued a temporary restraining order on behalf of the Second Amendment Foundation (SAF) and National Rifle Association (NRA), bringing an end to firearm seizures from citizens living in and around New Orleans.

District Judge Jay Zainey issued the restraining order against all parties named in a lawsuit filed Thursday by SAF and NRA. Defendants in the lawsuit include New Orleans Mayor Ray Nagin and Police Chief Edwin Compass III.

“This is a great victory, not just for the NRA and SAF, but primarily for law-abiding gun owners everywhere,” said SAF founder Alan M. Gottlieb. “We are proud to have joined forces with the NRA to put an end to what has amounted to a warrantless gun grab by authorities in New Orleans and surrounding jurisdictions.

“Over the past three weeks,” he continued, “residents who had lost virtually everything in the devastation following Hurricane Katrina had also essentially been stripped of something even more precious, their civil rights, and their right of self-defense, because of these gun seizures.

“SAF and NRA had no alternative but to take action,” Gottlieb added. “If these gun confiscations had been allowed to continue without challenge, it would have set a dangerous precedent that would have encouraged authorities in other jurisdictions to believe they also could suspend the civil rights of citizens in the event of some other emergency.

“What must happen now, and quickly,” said Gottlieb, “is for authorities in the New Orleans area to explain how they will return all of those firearms to their rightful owners, and do it promptly. What this ruling affirms is that even in the face of great natural disasters, governments cannot arbitrarily deprive citizens of their rights. Thanks to some great teamwork between SAF and the NRA, this sort of thing will hopefully never happen again.”

PS Click here to make a contribution to help fund this lawsuit.

It’s just a small step.  But it’s certainly a step in the right direction.  From here we need to proceed to get one more more convictions on charges stemming for the violation of laws such as these:

18 USC 241

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 USC 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

It’s a stretch, but if someone lost their life due to these jerks confiscating their firearms then some bigots could be facing the death penalty.

See also:

SAF and the NRA to file suit
SAF needs New Orleans info
Searching for survivors
This is the way it will always happen

See also: Random Nuclear Strikes.

From a KABA alert I just received:

SAF INVESTIGATING NEW ORLEANS GUN SEIZURES; NEEDS TO HEAR FROM YOU

The Second Amendment Foundation (SAF) is calling on members and supporters living in the New Orleans metropolitan area who have had firearms confiscated by police, federal officers or National Guard units to contact SAF headquarters at once.

Over the past three weeks, since the New Orleans and surrounding area was devastated by Hurricane Katrina, there have been disturbing reports about warrantless searches and seizures of privately-owned firearms.

“SAF, in cooperation with the National Rifle Association, has investigators on the ground and has retained legal counsel in preparation for possible action,” said SAF founder Alan M. Gottlieb.

SAF wants to speak directly with individuals who have actually had their firearms confiscated. If you, or someone you know, has had a firearm seized by authorities in the New Orleans area in the days following the hurricane, SAF needs to hear from you.

Contact SAF via e-mail at safalert@liberty.seanet.com. Please provide us with your full name, address, current working telephone number and the date and time of the firearm(s) seizure. Please also let us know the best time of day for us to reach you at that number.

Sincerely yours, Alan M. Gottlieb President, KeepAndBearArms.com

From the New York Times article New Orleans Begins Confiscating Firearms as Water Recedes.  The caption is theirs not mine.

Police officers looking for survivors today in the Ninth Ward of New Orleans.

One has to wonder what they are going to do with the survivors when they find them.  See also this post of mine.

Background:

• Publicola
• Kim du Toit
• Ten Ring
• Says Uncle
• The Smallest Minority

In the mid and late 90’s the anti-freedom activists were winning.  They were nearly dancing in the street.  Never mind they were dancing in the blood from each new school or mass public shooting.  Just when we would think they had been stopped another “event” would happen and they would get the extra little boost they needed to get that last vote to infringe on our freedom just a little bit (and sometimes a LOT) more.  At the range or in hushed voices late at night in someone’s den people would talk, “When you hear they took Frank’s guns you’ll know Frank is dead.”  “When they start going door-to-door that’s when they will realize they bit off more than they could chew.”  “They can have my guns–when they are empty.”

Even a brief look at history tells you that isn’t how it happens.  Look at Germany, Australia, England, and even Canada.  There is always an “event” that gives the anti-freedom people “justification” for infringing on inalienable rights.  They don’t just wake up some ordinary, bright sunny day and say, “This is the day we start shipping the Jews off to the camps.”  Or “This is the day we pass the law that makes firearms possession by private citizens illegal.”  By taking advantage of essentially random tragedies they can ratchet down on our freedoms at times when all but the most devoted freedom lovers have some doubt, some question about the wisdom of private people having freedom.  The majority, if for only a week or two, can be persuaded that maybe it really would be better to let government take care of them.  That it might be better for the the individual to give up an essential liberty for an imagined temporary safety.  Of course Ben Franklin has the proper response to that argument. But this pact with the devil is just too tempting for the majority when they are writhing in pain from the latest event.  And the pain from the event we know as Katrina and the aftermath in New Orleans make it seem acceptable to the majority–“Yes, they are taking everyone’s guns, but they had to for everyone’s safety.”

When it comes right down to it you will be far more alone than you think you will be when you are talking about it at the range with your shooting buddies.  Your fair weather friends will have “really important things” they have to do when the troops come down your street knocking on the doors and entering the houses one-by-one with the M-16’s at the ready (read about it and watch the video).  People, as much as they might say, “I don’t care what other people think” do care what other people think–at least some.  And when other people publicly approve of the confiscation and the majority have doubts about resisting it will be difficult to rally the numbers needed to make any conflict go decisively in your favor.  And how much have you practiced as a team?  Probably zero.  Nearly all shooting events are individual events or at best you have shooter/spotter relationship where there is just one gun between the two of you.  You’ll be going up against teams of shooters that have been practicing for at least months if not years as a team.  If you do that you better know exactly what your capabilities are and what you expect to accomplish.  Punching holes in a piece of stationary paper 30 feet away is a useful exercise but it doesn’t compare to shooting at a trained team of shooters.  Think things through. What is going to happen in the seconds after you fire your first shot?  If you make it that far.  You might get hit from 200 yards away by the sniper in the shadows from the second story window down the street as you bring your shotgun to your shoulder.  Have you even walked down your street thinking about the positions and angles for shooters to cover their teammates as they go door-to-door?  It’s going to be second nature for them to see what to you will take hours to figure out–if you are lucky.

If you think you are going to stand up to “them” going door-to-door then you need to know if you will have anyone helping.  If you haven’t practiced with them already then the answer is, almost for certain, “No.”  If you are going it alone then be darned sure you know the price you pay is worth what you are getting in return.  How many can you take out before your gun is forever silenced?

This is Why Boomershoot.