U of I announces concealed carry policy

The University of Idaho has announced their new policy on concealed carry (FAQ here). This was forced upon them by the legislature (and Mike contributed a great deal to this) and the administration is obviously still hostile to people exercising their specific enumerated right to keep and bear arms. Some school authorities have come right out and said, “The Second Amendment does not apply to schools.”

If someone sees a person with a gun:

…the safest course of action is to call the Police Department by dialing 911. They will respond and make contact with an individual to determine if that person is an authorized permit holder and is carrying a weapon legitimately.

This is the recommended procedure even if all appearances are the individual is legally carrying.

But the issue that bugs me the most is:

Q 14. Are authorized permit holders allowed to possess or store their weapons in married student housing?
A – No. Any building located on or within the campus area owned by the University to house persons residing on campus as students is considered a “student dormitory or residence hall” under the law, and possession or storage of weapons in married student housing is prohibited.

How is this not in direct violation of the Heller decision?

At least daughter Kim, once she gets her enhanced CWL, will be able to carry when she is on campus. That’s a big improvement.

Thank you Mike.

Quote of the day—Neil Chasan

I am for a constitutional amendment to eliminate the right to bear arms….lets have that constitutional convention.

Neil Chasan
June 18, 2014
Comment to Hillary Clinton On Gun Control: We Can’t Let ‘A Minority Of People’ Terrorize The Majority
[Sorry Chasan. The Second Amendment only recognizes and protects the preexisting right so even if you could repeal the Second Amendment we would still have that right. And even worse for you is that gun owners would vigorously defend that right in absence of the Second Amendment.

This is no different than if by some great deception and fraud the First or 13th amendment were repealed. Those rights would still exist and those rights would still be exercised if Chasan and/or his ilk did attempt to infringe those rights.

And if Chasan thinks he can take my guns and ammo then he should come on over to my place and try. It turns out he is a “neighbor” (I cross Mercer Island, where he lives, nearly every day on my way to work). But then we all know he doesn’t want to do the dirty work. He wants someone else, with guns, to do it for him.—Joe]

We were right again

For years the anti-gun people talked about terrible it was that people could buy guns even if they were on the terrorism watch list:

The Brady Campaign even coined the phrase “terror gap”. Their web page (http://www.bradycampaign.org/legislation/backgroundchecks/terrorgap) has since been taken down and the phrase cannot be found on their website (but you can find it on bradynetwork.org) but it was an issue they tried to get traction on (see also this search result).

And during that entire time we tried to tell them such action by the government would violate due process protections. They ignored us.

We were right. Again. And it is not just on the constitutionality of using such a list to deny someone their specific enumerated right to keep and bear arms. The present implementation of the “no fly list” itself is a violation of due process:

A federal judge on Tuesday found unconstitutional the methods by which the federal government places U.S. citizens and legal permanent residents on a “no fly” list without letting them see the evidence against them, or letting them contest it.

“Accordingly, on this record the court concludes the absence of any meaningful procedures to afford plaintiffs the opportunity to contest their placement on the No-Fly List violates plaintiffs’ rights to procedural due process.”

The right to travel isn’t clearly spelled out like the right to keep and bear arms. A judge could (and may still) find a weasel worded way of saying you don’t have to be to able travel by commercial airplane as long as there exist private airplanes you can hire. Hence due process protections for the right to keep and bear arms should be even greater than for the right to travel.

This also has implications for mental health restrictions on the right to keep and bear arms which is something the anti-gun people are trying to implement.

@ATFHQ words have meaning

Earlier today I saw this Tweet from @ATFHQ:

PHOTO: ATF & local partners take 73 illegal firearms off the streets of Bridgeport and New Haven CT.

GunsOnStreets

The first thing that crossed my mind is that if those guns had been lying around on the streets near where I lived I would have been happy to pick them up without charge.

But that’s not what they meant by “firearms off the streets”. They actually forcibly took them from the people in possession of them.

The deceptive wording of taking them “off the streets” is intentional and serves a political purpose. Imagine the different political implications if were true and they instead said they took the “guns away from gangs.” Or they took the “guns away from violent felons.” Or they took the “guns away from white trash.” Or they took the “guns away from African-Americans.” Or they took the “guns away from Tea Baggers.” Or they took the “guns away from Jews.”

Some of those actions would not get a rise out of me. Others would have me calling for them to be prosecuted to the fullest extent of the law.

Sure, Twitter isn’t an environment where the nuance of the operation can be explained. But even in their press release it is ambiguous how many of those guns were in the possession of violent felons when they took them:

The operation, headed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), resulted in the seizure of more than 73 illegal firearms and is expected to result in the prosecution of 154 individuals on federal or state charges.

By their own words not all of those people could have been illegally in possession of firearms.

And look at the resources invested to get just 73 firearms “off the streets”:

In March 2014, the ATF and the Bridgeport and New Haven Police Departments launched “Operation Samson” a multi-layered initiative targeting violent criminals and illegal firearm possession and firearm trafficking in New Haven and Bridgeport. As part of the initiative, approximately 40 ATF special agents and personnel from Connecticut and across the country were deployed with New Haven and Bridgeport Police to conduct numerous covert operations. The combined law enforcement team brought a range of expertise to the operation, including tactical, technical, analytical, undercover skills and supervisory experience.

Several other federal, state and local law enforcement agencies supported the initiative as investigations expanded into other cities and towns in Connecticut and across state lines.

The initiative employed intelligence-led policing to determine where to place resources in order to have the greatest impact. During Operation Samson, law enforcement personnel conducted approximately 425 operations, which included undercover meetings, controlled purchases of firearms and narcotics, and the execution of search and arrest warrants. As a result, a total of 80 individuals have been charged, or are expected to be charged, with a variety of federal firearms, narcotics and robbery violations.

40 ATF people, plus local cops, executed 425 operations over the course of three months to confiscate 73 guns? Assuming those guns were taken from violent gangs how long do you think it takes for the gangs to replace them? Maybe a week? Or is a day more realistic?

Another thing that pushed a button for me was what the U.S. Prosecutor said:

There is no higher calling in law enforcement than preventing violent crime,” stated U.S. Attorney Deirdre M. Daly.

Perhaps she would understand my concern if the force of government were to be used to prevent her from committing an act of prostitution or adultery by requiring she wear a chastity belt remotely controlled by government morality officers. Government has no business preventing crime through the arrest and prosecution of people when there are no victims. They should only be allowed to punish those who have victimized others.

But most importantly who were those guns really taken from? They don’t really say. The words they use appear to be deliberately ambiguous. Were these firearms taken from people who had not victimized anyone?

Taking guns “off the street” is deliberately deceptive. It makes it easy for everyone to be accepting of what may be totally inappropriate behavior. We shouldn’t let them get away with it. Make them be specific about their actions so people can better judge their actions and hold them accountable.

Chicago politicians need to be educated

From Chicago:

Chicago aldermen on Wednesday unanimously passed what Mayor Rahm Emanuel said is a “tough, smart and enforceable” ordinance that allows gun shops within city limits but regulates where they can exist and mandates that all sales have a video record.

firearms dealers will need to pay a $3,800 licensing fee and abide by a 72-hour waiting period for guns and a 12-hour waiting period for rifles and shotguns. A should [sic, perhaps they mean “store”] will also only be able to sell one gun per month per buyer.

Furthermore, retailers would face zoning restrictions would not be permitted to exist within 500 feet of any school or park.

I look forward to them being slapped down even harder by the courts. I suppose the courts have to get prosecutors to file charges and give them a trial for violation of 18 USC 242 and can’t just convict and sentence them on the spot. Although I’m pretty sure they can rule the new law is in violation of the previous court orders and demand they comply or be fined.

It’s time for them to give the Bill of Rights some respect so I’m in favor of all of them getting a felony conviction and spending a few years in prison. Perhaps they would have time to learn about the constitution while there. They could think of it as an educational experience.

Quote of the day—Nelson Linscott

Even if there had been two, not 74 gun incidents after Sandy Hook, the government and the people should endeavor to change gun laws.

Nelson Linscott
Kittery, Maine
June 17, 2014
Gun control is just common sense
[And just what changes does he imagine will reduce the number to one or less every 18 months?

Don’t ever let anyone tell you no one wants to take your guns.—Joe]

Quote of the day—Milwaukee Journal Sentinel

This does not mean the end of the Second Amendment. We can respect gun and hunter rights and still curb gun violence. Australia has done it. Other countries have done it.

Milwaukee Journal Sentinel
June 20, 2014
Other Opinion: Gun control advocates need to push issue at American polling places
[“Australia has done it”? By confiscating almost all semi-auto long guns? That is not allowed by the Second Amendment.

Guns “in common use” are specifically called out as being protected in the Heller decision. And if you want to look at the Miller decision only guns with a militia purpose are protected. Hence a confiscation scheme like Australia’s would be illegal and would be vigorously resisted in this country.

Furthermore the Second Amendment does not protect hunting. So don’t bother bringing that straw man up.—Joe]

Hunting and the Second Amendment

Via Bitter:

A federal judge on Wednesday dismissed a lawsuit by a hunters’ group that had challenged Pennsylvania’s long-standing ban on Sunday hunting, saying she saw no proof the hunters’ constitutionally protected rights were being harmed.

While I think it should be beyond the power of the government to ban hunting (at this time I’m not going to argue about regulation of hunting) I really have to squint to see the Second Amendment protecting hunting. I think it probably is the correct decision.

I think this is something we really can and should use to our advantage. We frequently hear that the anti-gun people don’t want to take our hunting guns away. Now, if they say that, we have a very powerful argument against them taking non-hunting guns.

Since the Second Amendment doesn’t protect hunting, and it is an individual right, then the Second Amendment must be to protect non-hunting firearm ownership. If not then the Second Amendment has been defined into meaninglessness.

With the evidence we have for the Second Amendment protecting firearms having a military purpose we now can insist the Second Amendment protects AK-47’s, AR-15’s, M-16’s, 50 BMG’s, and any other militia small arms.

Quote of the day—Tiffany Miller

Most gun owners in this country are rural bumpkins who don’t have any education at all.

Tiffany Miller
June 17, 2014
Comment to Hillary Clinton On Gun Control: We Can’t Let ‘A Minority Of People’ Terrorize The Majority
[This is what they think of you.

Via her Facebook page we have some more insight from our intellectual superior:

Bigotry, prejudice, and ignorance. It looks like someone has a problem with diversity.—Joe]

Scrambled brains

From SPD Blotter:

When officers contacted the man—who had apparently torn out patches of his own hair—he refused to provide officers with his identity, giving them a fake name. Then he took off running.

Officers chased the man, who stopped mid-flight, picked up a large rock and turned back toward officers. Police told the man to drop the rock, which he did, before he again fled down the street, stripping off his remaining clothing as he ran.

Officers eventually found the now-completely naked suspect lying on his back in a planting strip in the 2000 block of Minor Ave E—about a half-mile from the scene of the original incident—and took him into custody.

The man told officers he had taken cocaine, methamphetamines, LSD and other unidentified drugs earlier in the evening.

After officers arrested the man, he began scratching all over his body, asked officers for his clothes, and then complained he was too hot.

Police weren’t immediately able to identify the man, who was unable to provide police with his real name or home address.

If the guy had tried to throw the rock at someone there is a fair chance it would have been sufficient grounds to shoot him. Don’t get your brain so scrambled with drugs that someone else is justified in scrambling it with lead. The high you get from the drugs isn’t worth the downer from the lead.

Abramski case

You haven’t seen a lot of outrage over the Abramski case in the gun blogosphere. It’s been mostly just a statement of the facts (see here, here, here, and here). There are some dissents (here and here) but while I agree Abramski didn’t do anything wrong in regards to the intent of congress he clearly did violate an ATF regulation. We were hoping to get the adults to put the ATF bully in their place for writing regulations unsupported by law. That didn’t happen.

That regulation should not exist because it doesn’t reflect the intent of the law in all cases. The law was intended to prevent guns from being sold to people forbidden by law from owning a gun. The question 11.a on form 4473 asks (bold in original):

Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you. (See instructions for Question 11.a.) Exception: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.

The instructions do not include an exception for the situation Abramski found himself in. Hence it is clear that Abramski violated the letter of the regulation when he said that he was the actual buyer.

If I only focus on the narrow issues affecting of this case I see two things to complain about. 1) The prosecutor should never have pursued this case. Abramski didn’t deliver the gun into the hands of someone forbidden to own it. Didn’t he have a cases where there were victims to spend his time on? That the government was lied to over something this minor just doesn’t seem to be worth prosecuting over. 2) Herschel Smith explains the second issue in much better words than I can:

Regulations take on the force of law after comments responding to entries in the Federal Register are summarily ignored by the agency doing the regulating.  It makes little sense to respond with comments when the regulator’s mind is made up.  These regulations frequently far surpass the law in breadth, scope, depth and magnitude.

this kind of regulation seems onerous compared to what Congress wrote, but it is latitude given (and taken) by the federal regulators.  If there is a problem with legislating from the bench, there is even a worse problem with regulating by the executive branch from inside the beltway.  The problem will continue (and grow) as long as the public abides the abuse.

I haven’t read the briefs leading up to this decision but I don’t think the supporters of this case should have taken it to the Supreme Court. The only way they could have had a good chance of winning is if they had a lot of case law that supported attacking the lower court ruling on the basis of the overreaching regulation contrary to the law.

In order to get the case law to support slapping down zealous regulators we need to attack them on something less contentious like regulations forbidding the aging of cheese on wood shelves. But in those cases the regulators are going to cave like a school yard bully confronted by an adult without giving us the case law we need to confront the bullies in the ATF.

Quote of the day—Hillary Clinton

I believe that we need a more thoughtful conversation, we cannot let a minority of people — and that’s what it is, it is a minority of people — hold a viewpoint that terrorizes the majority of people.

Hillary Clinton
June 17, 2014
Hillary Clinton On Gun Control: We Can’t Let ‘A Minority Of People’ Terrorize The Majority
[There you have it. She is coming out against the First Amendment, and freedom in general, as well as the Second Amendment. She doesn’t want you to even “hold a viewpoint” that she doesn’t like.

“Thoughtful conversation”? Somehow I don’t think she is planning on including gun owners in that “conversation”.

I suspect she is in close alignment with her husband Bill in that “we can’t be so fixated on our desire to preserve the rights of ordinary Americans…”.

She should have moved to the USSR in the 1960’s. Her ideology would have fit right in and the world would have been a better place.—Joe]

Quote of the day—j2cub612

Signing some imaginary contract to “ask” does nothing but make parents more paranoid.

By the way, if you “ask” me my answer is yes I’m an American. I have guns in my home. I signed a board called “reject paranoia” and I don’t allow children of irrational parents in my home.

j2cub612
June 17, 2014
Comment to Gun-control, open-carry supporters stage dueling demonstrations one week after Reynolds shooting
[I completely agree with everything except the last sentence. I’m sort of mixed on that one. I think I’m more inclined to have them in my home and let them see families with guns in a positive light.—Joe]

Anti gun-rights Microsoft?

From the firearm blog.

This would help explain the trend toward cloud storage and toward not really owning, but renting your software. It appears that Adobe, for another example, now only provides the latest version of Photoshop as a monthly subscription service, so you’re not the owner, but the tenant, and they the property manager.

If you don’t have exclusive control of your software, user files, or your contact lists, etc., it could all be pulled out from under you, or used for other purposes via remote control by other people, at a whim. Same as your bank account now, by the way. The Endarkenment proceeds apace.

Quote of the day—saintonge235

Twice in my life I got beaten up because I was in a fight and really didn’t want to hurt the person I was fighting. Recovering from the second beating, it occurred to me that “they don’t matter”, “they” being anyone who attacked me. From then on, I never lost a fight, because when I saw that violence was going to occur, I hit first without warning and didn’t stop till they were helpless. Acquiring that mindset is the most important self-defense lesson I know.

saintonge235
June 14, 2014
Comment to The Naive Idiocy of Teaching Rapists Not To Rape
[One might be wise to apply that mindset to a great many other things as well. Politics and war come to mind.—Joe]

Abramski

Well, the Supreme Court handed down the Abramski decision. He lost.

On the one hand, it’s not unexpected, and for most of us nothing really changes: straw-man purchases are illegal. But on the other hand, the dissent basically argued that isn’t what the statute passed by congress and signed by the prez actually SAID, and thus that isn’t illegal according to the letter of the law, and trying to interpret legislative intent is a bad way to go about making decisions. The decision could have been worse, but I still wish that it had gone the other way, even if that means congress would likely pass a law in record time to “correct” the situation.

http://www.scotusblog.com/case-files/cases/abramski-v-united-states/

http://www.law.cornell.edu/supremecourt/text/12-1493

 

Quote of the day—Justaperson

My pipe dream is a nation without guns. Its the same pipe dream the abolitionists had in 1800, when slaves were owned by millions of Americans, just as guns are today. Through peaceful, but determined campaigns, those brave men and women drove slavery out of America. Here’s how we do it:

If our neighbor owns a gun, we first try to talk to them, explaining the statistical probability of being killed or killing with that same gun. If he refuses to give up his genetalia compensator, call the police.

Spare no neighbor, gun store, NRA member, or even friend, if that’s the case, the honor of being reported to the authorities.

By calling, you make clear your belief that gun ownership is a crime, a bane on society which must be dealt with the same as robbery or drunk driving. The average American citizen doesn’t think that gun ownership is wrong, but we do, and we are right, and will fight until society knows that gun ownership is a crime, in the same way it figured out that slavery was a crime.

We need to remain strong and persistent in the face of rising gun violence and an increasing number of gun nuts, and not be afraid of those who would rather let six innocent college students get shot than give up their dick extenders.

Justaperson
June 3, 2014
Civil Disobedience to Counter Open Carry Texas
[Via email from Barron.

Wow! Powerful stuff here. Two invocations of Markley’s Law and extremely clear message that they want to take your guns.

I find it odd these people want to identify with the abolition and other civil rights movements while attempting to extinguish a civil right. They have really messed up mental processes.—Joe]

Quote of the day—Mayor Barbara Fass

I think you have to do it a step at a time and I think that is what the NRA is most concerned about, is that it will happen one very small step at a time, so that by the time people have “woken up”—quote—to what’s happened, it’s gone farther than what they feel the consensus of American citizens would be. But it does have to go one step at a time and the beginning of the banning of semi-assault military weapons, that are military weapons, not “household” weapons, is the first step.

Mayor Barbara Fass
Stockton, California
April 11, 1991
ABC News Special, Peter Jennings Reporting: Guns, April 11, 1991
See also The Mechanisms of the Slippery Slope
[Don’t ever let someone get away with saying no one wants to take your guns.—Joe]