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!!!”?

Filed for future use

If we get to the point where we are prosecuting politicians and law enforcement for violation of our civil rights questions like this will need to be answered:

I haven’t researched it, but I wonder how this plays out in the setting of a criminal prosecution of a government actor for deprivation of civil rights. Is ignorance of the Constitution no defense, because it’s a criminal case, or is reasonable failure to appreciate there was a constitutional right being violated a defense because of qualified immunity?

Quote of the day—TeeJaw

There is no way to understand the mentality of people who want to disarm decent citizens while criminals keep all their guns. It’s a sickness that defies description or comprehension.

TeeJaw
December 14, 2014
Comment to #IWillNotComply rally in Olympia
[I have nothing to add.—Joe]

Quote of the day—BadExampleMan @BadExampleMan

Being called fetishist by someone preferring random slaughter of children to giving up a penis substitue: priceless.

BadExampleMan @BadExampleMan
Tweeted October 25, 2014
[It’s another Markley’s Law Monday! Via a tweet from Linoge.—Joe]

Quote of the day—thambi

I have better things to do with my time than listen to stupid, uneducated rednecks.

thambi
December 12, 2014
Comment to A lobbyist resurfaces: The NRA mulls strategies to undermine I-594
[This was in a response to a suggestion they attend a rally against I-594 in Olympia.

This is what they are willing to say about you in public. What they actually think of you is almost for certain more than enough to justify maintaining a firm grip on our specific enumerated right to keep and bear arms and regular training.—Joe]

#IWillNotComply rally in Olympia

I drove to Olympia today to participate in the rally against law created with I-594. We had a decent turn out. I didn’t stay for the entire thing but it seemed to go very well from what I could tell. People were participating with the speakers and the Washington State Patrol officers present looked bored:

IMG_1969IMG_1974Adjusted

I’m putting the rest of the pictures “below the fold” so that it doesn’t create long load times for the main page for the next week.

Continue reading

Quote of the day—Dave Workman

Just as it is none of the government’s business who peacefully protests in a public setting, First Amendment advocates seem to insist, it is equally none of the government’s business – or anyone else’s – when someone harmlessly exercises the right to keep and bear arms, Second Amendment activists might argue. Do they have a legitimate point?

The Stranger habitually sneers at Second Amendment activists and, exercising the First Amendment right of free speech and the press, clearly advocated placing the “universal background check” restriction on gun owners. The Stranger is a popular alternative newspaper among Seattle’s far left, the folks who overwhelmingly voted for I-594. It was not their right being stepped on.

How many of those attorneys and public defenders and newspaper editorialists voted for I-594? If they don’t understand the parallels between restricting peaceful protest and being photographed by the police, and building records on gun owners, then they shouldn’t be practicing law or pounding keyboards for a living.

Dave Workman
December 12, 2014
Is it time to treat the First Amendment just like the Second?
[Lyle has often said the political left understands how rights are supposed to work. But I think we have sufficient evidence now that is not true. Do you think progressives understand how the First Amendment is supposed to work? Really? If so then explain to me why we are nearly 600 days into the IRS scandal with none of the perpetrators in jail or even indicted?

I do not believe progressives have respect for individual rights. They only claim rights when people engage in activities that advance the cause of the collective. As THE Clint Black tweeted a few days ago:

Your government arms dictators.

Your government arms “rebels”.

Your government arms terrorists.

Your government prefers you unarmed.

How else do you explain this?

Here’s another example: There are about 8000 murders each year in the U.S. that are committed using a firearm. Using the most conservative estimates there are about 80 million gun owners. Assuming the worst case, suppose each of the murders was committed by a different person (way wrong, at Newtown there were 26 murders by just one person) you still end up with the odds of some random (and they are certainly NOT random) gun owner being a murderer in a given year at 0.01%. Yet they insist we should be registered and every time a gun changes hands we should request permission from the government and submit paperwork documenting the exchange. And this is even in those cases where the recipient already owns one or more guns. No rational person can believe this will make society safer so their must be another reason. I can only think of two possible explanations for this behavior:

  1. These people have serious mental defects.
  2. These people have evil intent.

In either case we have only unpleasant options available to us.—Joe]

Quote of the day—Gavin de Becker

No woman should obtain a restraining order unless she believes it will help her circumstance no mater what police may say. The fact that so many of these murderers also commit suicide tells us something. It tells us that refusing to accept rejection is more important to them than life itself. By the time they reach this point are they really going to be deterred by a court order? A glib response is that the temporary restraining order can’t make things worse.

But here’s the rub. The restraining order does hurt by convincing the woman that she is safe. The bottom line is that there is really only one good reason to get a restraining order in the case of wife abuse. And that is that the woman believes the man will honor it and leave her alone.

If a victim or a professional in the system gets a restraining order to stop someone from committing murder they have probably applied the wrong strategy.

Gavin de Becker
The Gift of Fear and Other Survival Signals that Protect Us From Violence
[This is an excellent book. It was recommended to me by Rolf (and here). Ignore the few times Becker drops some anti-gun nonsense into it. With his personal history I almost give him a pass. Everyone I have convinced to read (or listen to) this book have told me it was awesome.

The last sentence it the money quote. If someone is not deterred by the penalties associated with murder you can be absolutely certain they will not be deterred by the penalties associated with the violation of a restraining order. The only method of prevention is to make it physically impossible to commit the murder. This gives us only three options to save the life of the innocent victim:

  1. The perpetrator is incarcerated or executed prior to assault.
  2. The intended victim cannot be found by the perpetrator.
  3. Physical force is used to defend the innocent victim before the assault has caused permanent injury or death.

We do not have a Department of PreCrime so the first option is off the table.

The second option is extremely difficult, expensive, and requires a very challenging change in lifestyle if you have a smart and determined pursuer. The physical and emotional costs associated with this option may be out of the reach of many people.

The third option requires people with guns. If they cannot afford hiring others to protect them then they will have to protect themselves. There is no substitute for a gun. Embedding multiple jacketed hollow-points in an attacker is not a guarantee that a victim will escape injury, or even survive, but it does dramatically improve the odds.

No anti-gun person can sincerely claim they are concerned about the safety of women who are being pursued by people intent upon violence unless they value the safety of the attacker more than that of the intended victim. These people either have an extraordinarily warped and dysfunctional sense of morality and/or they are incapable of rational thought.—Joe]

Quote of the day—Jeff Snyder

The essence of the “weapon of choice” argument is that, because criminals and madmen use these guns to commit crimes, the law- abiding must give them up. But to ban guns because criminals use them is to tell the innocent and law-abiding that their rights and liberties depend not on their own conduct, but on the conduct of the guilty and the lawless, and that the law will permit them to have only such rights and liberties as the lawless will allow.

By criminalizing an act that is not wrong in itself the purchase and sale of a firearm the ban violates the presumption of innocence, the principle that insures that government honors the liberty of its citizens until their deeds convict them. By completely banning the sale of assault weapons to prevent crime before it occurs, the law effectively and irrebuttably presumes that all who want such a weapon are no better than murderers or madmen, forever ineligible to acquire these firearms.

Obviously, a law which restricts the liberty of the innocent because of the behavior of the guilty, that rests on principle that the conduct of criminals dictates the scope of liberty the law will allow to the rest of society, in no sense “fights” crime. It is, instead, a capitulation to crime, born of a society in full-bore retreat from crime, a society fearful of and desperately accommodating itself to crime.

Jeff Snyder
August 25, 1994
The Washington Times, page A19.
Who’s Under Assault in the Assault Weapon Ban?
[H/T to Craig in the comments.

This same argument can be used against almost any law that presumes to “prevent crime” rather than punish acts which injury others. I’m specifically thinking of I-594 in Washington state but the application is far broader.—Joe]

Quote of the day—Dana Loesch

Anti-Second Amendment advocates argue that because violent criminals have black market access to firearms, law abiding innocents should not. They argue that because rapists and murderers may illegally possess firearms the law abiding innocent women and men should not carry them. They don’t defend your Constitutionally protected choice and instead better enable the choice of criminal to make you a statistic.

They want to be able to have a choice as what to do after you’ve been raped. But want to restrict your choices of how to prevent your rape.

Dana Loesch
Hands Off My Gun: Defeating the Plot to Disarm America
[I recently finished listening to this book and was quite impressed. Usually in a book of this type I find little new material and a significant number of errors. That was not true in this case. I seem to recall one minor error but I didn’t write it down and I don’t recall what it was now.

I addition to detailing her personal fights with anti-Second Amendment advocates, such as Piers Morgan and Shannon Watts, she articulated sound arguments and gave insightful analysis to both the principles and factual data regarding the right to keep and bear arms.

I have many more QOTDs in the queue from this great book. Thank you Ms. Loesch.—Joe]

Desperate

Via Weer’d Beard we have this from Baldr Odinson:

JustBecause

It’s not exactly Markley’s Law but it’s close.

When they have all but given up on concealed carry and resort to insults like this about open carry you know they are getting really desperate to get even temporary attention and have completely lost relevancy.

Quote of the day—Tam

Wow, Mark, that was nearly wrong in every particular! It bordered on fractally wrong, in that every little piece, taken by itself, was as wrong as the whole.

Tam
December 7, 2014
Sigh
[I read Mark Morford’s troll piece and briefly considered blogging about it. But I prefer to blog about things that either no one has noticed yet or that I have a quasi-unique viewpoint on. And this piece has been well covered by many others. This is just a small sample:

I had completely dismissed it as blog material. Morford is just too easy of a target and I have dealt with him at length before. Then I read the last sentence I quoted above of Tam’s. Wow!

I have seen this sort of thing many times before but didn’t have a name for it. Fractally wrong. I like it. I like it a lot.—Joe]

Quote of the day—Travis Dodge‏ @MWTravesty

What about my right to not live in fear of my fellow citizens? Is that moot because you have a boner for guns?

Travis Dodge‏ @MWTravesty
Tweeted on October 16, 2014
[It’s (sort of) another Markley’s Law Monday! Via a tweet from Linoge.

Dodge obviously doesn’t understand rights when he says he has a “right to not live in fear”. There are people afraid of gays, blacks, and Jews as well as gun owners. But that fear doesn’t allow them to infringe upon our rights.—Joe]

Quote of the day—AllynF

The cheap and easy availability of guns in any home in America makes it very easy for criminals to get their hands on as many weapons as they choose. All they have to do is break in and steal them and create their free market of stolen guns on the street –quite the active and ongoing enterprise. Shhhhhh…this is a truthful point that upsets Conservatives if you even dare to bring it up and burst their bubble. They like to pretend that there is no cause and effect that results from that.

AllynF
December 6, 2014
Comment on Gun Control, Real Time with Bill Maher.
[Got that? Criminals “get their hands on as many weapons as the choose” because private citizens possess guns in their homes. The specific enumerated right to keep and bear arms is the root of all problems with guns.

If banning the private possession of something would solve the problems associated with it then banning alcohol, cigarettes, and recreational drugs would solve problems too. AllynF has no respect for the Bill of Rights, no concept of guns being useful for the protection of innocent life, and at best a tenuous connection with reality.

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

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

    Quote of the day—williamdiamon

    To suggest a criminal will submit to a background check has to be the worst argument for gun-control ever, it requires a disconnect from reality.

    williamdiamon
    December 5, 2014
    Comment to Gun Control Leader Unfazed By Gun Transfer Event
    [See also Background checks.—Joe]

    Which is better?

    This is a slight refinement from something son James and I discussed a few days ago.

    When debating which is a better political system we can point to many instances where anti-freedom systems (communists/socialists/progressives/fascists/theocracies/kingdoms/dictatorships/etc.) have been implemented and review the outcomes of those experiments. A significant proportion of those experiments have resulted in a tragedies of epic proportions. A short list from the last 100 years includes USSR, China, North Korea, Cuba, Venezuela, Iran, Nazi Germany, and Romania.

    So what are the worst examples of a freedom based political system and how do those compare to the worst of the anti-freedom? I don’t know what my political opponents would give for examples. Would it be the United States? If so, then that little debate would be settled in two minutes or less. Why risk those tragedies when the worst you can do with a freedom based system is so much better?

    Taking that tactic a little further we can also ask the question, “What are the best outcomes of a particular type of political system?” For a freedom advocate the United States surely would be near the top of the list with the probable additions of Canada, and many of the countries of Western Europe. I suspect the anti-freedom advocate will include many of the socialist leaning, but generally free countries, of Western Europe.

    Rate each of the various countries on some scale from good to bad. This can be used to create a chart with upper and lower bounds of the outcomes. It might look something like this:

    GoodVsBad

    So, which system is the better choice? The answer is obvious.

    This technique can be use to compare just about anything. In general compare the upper and lower bounds of the two (or more) proposals being debated.

    Comparing gun control utopias to gun owner utopias will be left as an exercise for the reader.

    Quote of the day—NRA-ILA

    the attempted commercial introduction of the Armatix has floundered so badly that it remains the sole example that Brady can cite as even approximating a “smart gun.”  Thus, were it to trigger the New Jersey law, the result would surely collide with the Supreme Court’s decision in District of Columbia v. Heller.  There, the Court ruled that the Second Amendment protects the individual right to possess arms “in common use at the time” for lawful purposes.  Even the Brady Campaign cannot seriously argue that all handguns other than the iP1, an $1800, 10- shot pistol chambered in .22LR, are not commonly used for lawful purposes.

    NRA-ILA
    December 4, 2014
    N.J. Attorney General Rejects Brady Campaign Bid to Trigger Handgun Ban
    [Elaborating even further, it seems likely the entire NJ law will declared unconstitutional simply because it makes illegal those guns which are in common use.—Joe]

    Defying I-594

    Via Chris Knox who says, “A merrily upraised middle finger to #gunsense” and David Codrea (Activists defy new Washington gun law to demonstrate its unenforceability):

    Quote of the day—Alan Korwin

    What it shows though is the power of setting the narrative, and that’s done in print on paper, even in these days of the Internet.

    And The New York Times and their cronies control it and do it. Despite reality, despite the ludicrous absurdity of their claims about so-called assault weapons that can’t even be defined, they were able to twist the national civil-rights debate about guns into a knot for ten years, and then only fess up ten years later. Two decades lost to mythology — by “the paper of record.”

    Alan Korwin
    December 3, 2014
    “The Assault-Weapon Myth” (NY Times Headline)
    [It’s only by perpetuating the culture of deceit that they win.

    It’s time to prosecute the perpetrators.—Joe]