Another day another hole in the gun control argument

Via Steve from work.

95 percent 3D-printed (Glock barrel and probably a few springs):

Even with the Glock barrel the gun is completely “off the books”.

Another day another hole in the gun control argument.

Quote of the day—Paige‏ @Trunthepaige

@SnowdenEd @Duck_Hunter7 @orangeblood307 @JoeHuffman Somebody is talking about penises so it must be a gun conversation with anti gun folks.

Paige‏ @Trunthepaige
Tweeted on January 20, 2016
[In a break from the usual Markley’s Law Monday I’m presenting a slightly different view of the theme today.—Joe]

Our next fight?

I don’t like this:

Proponents of President Barack Obama’s executive orders in the area of gun control point to OSHA’s General Duty Clause as a possible basis for a national “no guns at work” policy.

The General Duty Clause requires employers to maintain a safe workplace, including the implementation of policies that may be necessary to further that goal. Proponents argue that this significant increase in workplace violence coupled with the expansion of concealed carry laws would be the basis for this regulatory change. Moreover, because a General Duty Clause already exists within the OSHA statute, there would not be a need for congressional approval.

This would be another chilling effect on our rights. I frequently go to the range at lunch time or after work. And I know a lot of other people go hunting before or after work. And OSHA creating a regulation such as this would have to make exceptions for a many of places of employment. Police stations, security firms, gun manufactures, gun ranges, gun stores, any place which hires armed guards, etc.

I can see it being a valid concern for guns to be prohibited in some places of business (I’m thinking of oil refineries and other places where “high energy events” could be triggered). But it should be up to the business to decide if they have an overriding set of circumstance where firearms are just too high of risk to allow.

This could be our next fight for our right to keep and bear arms.

Quote of the day—David E. Petzal

The forces acting upon the gun industry are Armageddon, for which we are all tooling up, and our Peerless Leader, who has sold more firearms than even Bubba Clinton, and The Horror That Is Hillary, who is lurking in our future like the Wicked Witch of the West.

David E. Petzal
January 25, 2016
SHOT Show 2016, Part I
[Via Caleb who has a much different, but entirely valid, angle on Petzal’s post.

As others have observed, if Obama and his friends want to reduce the number of guns being sold in this country they should resign from politics.—Joe]

Quote of the day—Richard Feldman

In 1994 [when President Clinton introduced a ban on assault weapons] I remember being asked ‘Why do you need these guns?’ My response was ‘Well, I never needed them before, but if the government thinks I shouldn’t be able to own them, I guess I want them now’, and I did go out and buy about 15 of them before the ban.

Richard Feldman
January 26, 2016
How has the US gun lobby been so successful?
[Just like I buy and read banned books I also buy and use banned guns.—Joe]

Quote of the day—Carl Bogus

There had been only three US Supreme Court cases that dealt with the second amendment. They all held that the second amendment was related to militia service [and] granted a collective right, not an individual right. This was considered pretty settled until the 1960s.

They won the war in 2008 in a case called ‘The District of Columbia versus Heller’, when the Supreme Court held for the first time that the second amendment grants an individual right.

The nine justices of the US Supreme Court divided five to four along perfectly ideological lines. The conservatives said it grants an individual right, and the liberals all said, no, it grants a collective right.

Carl Bogus
Professor of Law at Roger Williams University in Rhode Island
January 26, 2016
How has the US gun lobby been so successful?
[Bogus is correct. As a name for this liar that is.

  1. The Bill of Rights, including the Second Amendment, does not grant rights. It protects preexisting rights. Read the words of the Second Amendment. Or read US v Cruikshank, “This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.”
  2. I can only think of two Supreme Court cases directly addressing the Second Amendment before Heller, one being Cruikshank, and the other is United States v. Miller 59 S.Ct. 816(1939). Neither say anything at all about a “collective right”. Miller is sometimes misunderstood to imply something like that but that interpretation is obviously wrong. Read my comments on that here.
  3. The Heller justices were not divided on the issue of an individual versus collective right in regards to the Second Amendment. The four dissenting justices said, The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.”  Surely it protects a right that can be enforced by individuals.

Anti-gun people lie. It’s in their culture. It’s what they have to do to have any hope of making progress in their battle to eliminate our specific enumerated right to keep and bear arms.—Joe]

Quote of the day—Greg

I no longer call it registration, it is a gun confiscation data base.

Greg
January 23, 2016
Comment to Ballot Fight in Maine
[I have nothing to add.—Joe]

Quote of the day—Frenchpug14‏ @frenchpug14

@wallsofthecity @Jan202017 great! I don’t care about your need to shore up your masculinity with a prosthetic penis.

Frenchpug14‏ @frenchpug14
Tweeted on October 18, 2015
[It’s another Markley’s Law Monday!—Joe]

Quote of the day—W. Kamau Bell

We could use a President who was, like, “OK. Everybody turn in all your guns tomorrow by 5 p.m. After that, if I catch you with a gun then I’m sending SEAL Team Six to your house with a recent Facebook picture of you and those tanks that shoot fire that we haven’t used since Waco — Ummm — I mean since World War II.”

And let me be clear about something else, gun owners. I want President Obama to want to take your guns away. I don’t trust you with your guns. I don’t trust you to fire them safely. I don’t trust you to store them safely. I don’t trust your kids not to find them. I don’t trust you not to get them stolen.

W. Kamau Bell
January 12, 2016
I want Obama to take away your guns
[H/T to The Writer in Black.

Don’t ever let anyone get away with telling you that no one wants to take your guns.—Joe]

Quote of the day—Mr. Fusion

If physicians are unable to, by law, ascertain the mental stability of someone to own a gun in Florida, then the Federal Government should deny everyone in Florida the ability to purchase a gun.

Mr. Fusion
January 10, 2016
Comment to The Absurd Logic Behind Floridas Docs vs. Glocks Law
[What is it with anti-gun people and their obsession with assessing the mental health of gun owners? It is they who demonstrate mental health problems (see also here).—Joe]

Quote of the day—Craig DeLuz

The right to keep and bear arms is not up for popular debate. It’s a constitutionally enumerated civil right.

Craig DeLuz
Firearms Policy Coalition spokesman
January 12, 2016
Gun debate: Californians support more gun control, poll finds
[Technically he is correct. But from a practical standpoint he is wrong. If a large majority wish to hurt us any way they can, as one person in the article said regarding buying ammunition, “Anything that slows the process down, I’m all for,” the local courts will ultimately find some weasel words to allow it. We have to change the culture or we need some very strong rulings from higher courts.

With dwindling percentages of gun owners in the most oppressed states and significant obstacles for bringing new people into our camp changing the culture is probably nearly a lost cause in these areas.

Therefore getting a pro-freedom president in the Whitehouse next January is our do or die battle for states like California, Maryland, New Jersey, New York, etc. Otherwise the Supreme Court will, for all intents and purposes, eviscerate the Heller and McDonald decisions.—Joe]

NICS denial overload implications

I wanted to post something about this last night but it was dinner and video night with my daughter so I decided to do it tonight. Then Sebastian made nearly all the points I wanted to make.

The one issue I want to elaborate on further is:

The surge of criminal background checks required of new gun purchasers has been so unrelenting in recent months that the FBI had been forced to temporarily halt the processing of thousands of appeals from prospective buyers whose firearm purchase attempts have been denied.

Since October, the bureau’s entire cadre of appeal examiners— about 70 analysts — was redeployed here to help keep pace with waves of incoming background investigations that continued through December when a record 3.3 million firearm sales were processed.

This shows us there is a loophole in the system an (redundancy alert) unscrupulous, anti-gun administration could deny the majority of the people in this country their right to purchase new firearms. If they can ignore the appeals of denials then it would seem that instead of actually doing a proper background check and giving a pass or fail response they could just say, “Fail” to everyone. Then they just ignore their appeals.

It would seem to me this loophole needs to be fixed. Best case is to just eliminate NICS and if states want background check for firearm purchases they can put “Firearm exclusions” on drivers licenses and state ID cards. And if it is impractical to eliminate NCIS the law should require the FBI/DOJ/whoever respond appropriately to the appeals within 10 days or else the denial is automatically overturned.

Quote of the day—Rana Florida

As citizens, we must all take a stand. March, protest, Facebook, Tweet, write your congressman, senators and legislators urging them to ban guns.

Rana Florida
December 15, 2012
Shame on Us, America: Take a Stand and #BanGuns Now
[Don’t ever let anyone get away with telling you that no one wants to take your guns.—Joe]

Brady Campaign “Common sense”

Dave Hardy went to the Clinton Archives to look for gun control records. Last month he reported some staggering information:

A fax from Jody Powell, President Jimmy Carter’s press secretary, to George Stephanopoulos, Bill Clinton’s new press secretary, warning Clinton to back off from gun control because … it just doesn’t work.

We have yet to propose anything that people think will make any difference. The people who are generally for gun control don’t make it a voting issue because it has no real impact on their lives. On the other hand, the inconvenience and hassle of wading through another round with indifferent and incompetent bureaucrats and the fear that this is only the first step toward more radical measures are quite real to people who own guns.” 

Then came the real bombshell:

“Much as I hate to say it, the NRA is effective primarily because it is largely right when it claims that most gun control measures inconvenience and threaten the law-abiding while having little or no impact on violent crime and criminals.”

This month he reports on the Brady Campaign wish list:

The Brady Campaign has long claimed that its agenda is limited. Just some “reasonable, common-sense” gun restrictions—no need for anyone to worry about confiscation or onerous regulations.

The White House files were filled with Brady Campaign/Handgun Control Inc.’s legislative plans. A memo stamped “confidential—do not circulate” (with the label set out by images of skulls and crossbones) outlined Brady’s real agenda. 

It began with a list of what Brady wanted from the Clinton administration. The list was long, but mostly quite predictable: licensing requirements and registration for handgun ownership, a ban on “assault rifles,” “one-gun-a-month,” a seven-day waiting period, and stiff increases in fees (to $1,000 per year) for FFLs. 

Even that would not be enough to please the Brady Campaign, though. Its memo added some proposals that (until now) have never seen the light of day. 

Brady also asked for a federal requirement of a special “arsenal license” for any gun owner who possessed 20 guns or 1,000 rounds of ammunition. (The White House copy has a handwritten note: “all guns.”) The memo described the arsenal license’s requirements as “similar to the requirements for a machine gun license,” including the requirement for police approval, since “anyone who has an arsenal is a danger to society.” In this scenario, two bricks of .22s would be enough for a gun owner to be treated as a public menace. 

Brady also asked that each component of a handgun, including the “barrel, stock, receiver, any part of the action, or ammunition magazines” be treated as if they were the receiver. “Buyers would need a license, sellers would need an FFL, and interstate sales would be illegal,” Brady explained. Replacing the grips or a firing pin spring, or purchasing an extra magazine, would actually require a 4473. Apparently they consider handguns to be that dangerous! 

Incredibly, Brady also wanted a ban on manufacturing magazines that held more than six rounds, and a requirement that transfers of used seven-round and larger magazines have law enforcement approval. Essentially, nearly every magazine in the United States, apart from those for some pocket guns and deer rifles, would be banned if new, or tightly restricted if already in existence.

It’s all just common sense… if your goal is to eliminate the specific enumerated right to keep and bear arms.

Here is a November 29, 2015 picture of Brady Center president Dan Gross (left) and New York Governor (and New York SAFE Act author) Andrew Cuomo (right) as they present Hillary Clinton with the Mario M. Cuomo Visionary Award for her leadership on gun control:

aff_clinton-files2_b

If Hillary wins the November election the supreme court candidates she picks will neuter the Second Amendment.

Sebastian has some comments on the Clinton files as well.

Quote of the day—Bacon @Baconmints

The paid nra trolls are freaking out about being founding members of the #tinycockclub. It’s too funny. #bokbok #fuckthenra #gunsense

Bacon @Baconmints
Tweeted on December 23, 2014
[It’s another Markley’s Law Monday!

Via a Tweet from BFD‏ @BigFatDave.—Joe]

Quote of the day—Hollis Phelps

The mass shootings that plague us, and the daily individual acts of gun violence and death should, however, lead us to make access to guns more difficult. We should, that is, seek to “control” access to them and their use. But even that’s not going far enough. We should get rid of them, that is, ban them. Guns create too many problems, promote too much fear, and lead to too many deaths to not consider banning them. Perhaps they were necessary at some point in our history, but let’s declare that that time has run its course.

Hollis Phelps
December 4, 2015
The Second Amendment must go: We ban lawn darts. It’s time to ban guns
[Don’t ever let anyone get away with telling you no one wants to take your guns.—Joe]

Quote of the day—Earnest Harris

I am officially beyond a place of wanting to find a compromise with those who want to argue for the right, or the need, of citizens to arm themselves with guns. Focusing on assault weapons only is just giving in to the gun lobby out of a fear that we can’t beat them if we don’t give them something. The time has come for our society to say enough is enough and that we must completely outlaw private citizens from owning guns. There is just no good logic to it and the number of senseless deaths attributed to people wielding all too easily acquired guns has reached a point where we have to say this has to stop.

Let’s not go halfway on this. Let’s not be afraid of the fight ahead in working to remove all guns from private ownership.

Earnest Harris
January 16, 2013
Assault Weapons Ban Is Not Enough
[Harris said this three years ago today. How’s that removal effort working out for him? Not so well? Maybe because he hasn’t take point on the implementation.

Don’t ever let anyone get away with telling you that no one wants to take your guns.—Joe]

Quote of the day—Gary Kleck

The term ‘loophole’ suggests that it was a minor, unintended flaw in the design of the law, something inadvertently overlooked by lawmakers, when it was actually the very intentional result of a carefully worked-out political compromise between those who wanted background checks on all gun acquisitions and those who did not want any at all.

Gary Kleck
January 7, 2016
PolitiFact Sheet: 3 things to know about the ‘gun show loophole’
[This article does a good job of explaining the facts about the “gun show loophole”. I particularly like this part:

Our findings show that there is, in fact, an exemption in the law. But the exemption pertains to who sells the guns rather than where they sell them.

And that distinction is critical. The anti-gun crowd uses deliberate deception (it’s part of their culture) in an attempt to get laws passed which would be far less likely to get support if they were to be truthful.

I also found this to be of interest:

Professors at Northeastern and Harvard universities conducted a gun survey in 2015 that isn’t yet published. The national survey of 4,000 non-institutionalized adults found that 22 percent of the people who purchased guns — at gun shows, stores or elsewhere — underwent no background check, said Matthew Miller, professor of Health Sciences and Epidemiology at Northeastern University and co-director of the Harvard Injury Control Research Center.

When researchers excluded purchases between family and friends, that number dropped to 15 percent, which equates to approximately 5 million gun owners whose most recent purchase did not involve a background check.

I sent an email to Miller that said, in part:

I have some questions about the study referenced.

When will this study will be published?

A “background check” is not a black and white activity. Did your study consider the seller requiring the purchaser possess a concealed carry license a “background check” or not? There are other indirect “background checks” possible as well. For example, some gun organizations require a concealed carry and/or background check for membership. Hence any member of the organization has had a background check at some point in the not too distance past.

It’s unclear, but implied, that the way study was conducted was to ask 4,000 people if their most recent gun purchase was made without a background check. Is this true? If so, that raises an important issue as in the following scenario.

Suppose collectors of antique firearms purchase almost exclusively from private individuals at a rate of five firearms per year. If most people with only one (or very few) firearms purchase almost exclusively from licensed dealers, then it’s not possible to discern the overall number of sales without explicit background checks. In this situation there is a bias which results in an underestimation of the number of sales without explicit background checks.

Other scenarios are also possible that can give a bias in the other direction. Additional information is required to arrive at the true rate of explicit background checks.

But in any case, it would appear there is data which puts the upper limit on private firearm sales to people of unknown eligibility at about 15 percent. This is in contrast to the common, long known to be erroneous, claim of “40 percent”.

Now I wonder when (if?) this study will be released and if the anti-gun people will revise down their claims of the prevalence of firearm sales without background checks. Particularly when Miller receives a lot of money from the Joyce Foundation.—Joe]

Update: I sent the email to Miller four days ago on January 11th. No response yet.

Anti-gun mental ill health

Via email from Miles I received this bill introduced in Missouri by Representative Stacey Newman.

The TLDR version is, in Miles words:

It would create restrictive guidelines that a person must follow to purchase a firearm in the state of Missouri.
 
Basically you can only buy from an FFL that’s at least 120 miles away from your residence, after getting a psych eval signed off (I assume at the buyer’s expense), watch a 30 minute anti-gun video and take a tour of a trauma ER on a weekend between 10pm and 6am when there’s actually a patient being treated for a gunshot wound, visit two families who have had a family member shot and visit two “ local faith leaders” who have performed a funeral service for a teenager who was shot and killed in the last year. Oh, I almost forgot, I have to have my 91 year old father and 89 year old mother sign off on the purchase too as there’s no age limit for the required parental permission slip (and what happens if one is an orphan?).

Many anti-gun people have mental health issues. I have to believe this another one. It’s hard to believe someone, even the most evil, if they are rational, can imagine this would pass muster in the courts let alone with a majority of their fellow politicians. Even in the most generous of scenarios, signaling her virtue to other anti-gun people, you would have to conclude, “this is crazy talk”.

How does someone like that even get elected? They must have stopped taking their meds after winning the election.

Requiring seizure

Via email from Paul K.

Read the Gun ‘Seizure’ Bill Introduced by Democrats That Will Likely Send a Chill Down the Spines of Georgia Gun Owners

Six Democrats in Georgia’s state House of Representatives unveiled a bill on Jan. 11 that would “require seizure” of “certain weaponry and ammunition” that is deemed as contraband, effectively banning “assault weapons” and “large-capacity magazines.”

HB 731, which is sponsored by Mary Margaret Oliver, Carolyn Hugley, Pat Gardiner, Stacey Abrams, Dar’shun Kendrick and Dee Dawkins-Haigler, would amend current law to “prohibit the possession, sale, transport, distribution or use of certain assault weapons, large capacity magazines, armor-piercing bullets, and incendiary .50 caliber bullets.”

Those who do possess either an assault weapon or a large-capacity magazine, as defined in the text of the bill, on July 1, 2016, will need to either modify the weapon to magazine to “render it permanently inoperable or such that it is no longer an assault weapon or large capacity magazine” or give the firearm over to the Georgia Bureau of Investigation to be destroyed; gun owners will have an Oct. 31, 2016 deadline to do so.

I agree with some of the text of this proposal. The part about requiring seizure and rendering permanently inoperable. But they have the object of those verbs wrong. The objects should the politicians advocating for such a law. They should arrested and then prosecuted.

Don’t ever let someone get away with telling you that no one wants to take your guns.