9th slaps Hawaii, now shall-issue

The 9th Curcuit Court, crazy as it is, decided it was time to piss in someone’s oatmeal. Specifically, Hawaii. Short version: because of Peruta, Hawaii is now a “shall-issue” concealed carry state.

Totally tubular!

ATF gets slapped down

The ATF has a long history of making up the rules as it goes along and not telling anyone what the rules are until it decides you have stepped over the line. A judge has now slapped them down for this:

Uncle Sam arbitrarily classified a new device as a firearm silencer without sufficient review or a decent explanation why, a federal judge’s somewhat scathing opinion states.
     “In any agency review case, a reviewing court is generally obligated to uphold a reasonable agency decision that is the product of a rational agency process,” U.S. District Judge John Bates wrote Wednesday. “This is not a high bar. But in this case, ATF fails to clear it.”

There is a lot more where that came from followed by this:

“Hypotheticals further illustrate the weakness of this methodology,” he wrote. “A mouse is not an ‘elephant’ solely because it has three characteristics that are common to known elephants: a tail, gray skin and four legs. A child’s bike is not a ‘motorcycle’ solely because it has three characteristics common to known motorcycles: two rubber tires, handlebars, and a leather seat. And a Bud Light is not ‘Single-Malt Scotch,’ just because it is frequently served in a glass container, contains alcohol, and is available for purchase at a tavern. To close with a firearm-related example a hockey puck us not a ‘rubber bullet,’ just because it has rounded sides, is made of vulcanized rubber, and is capable of causing injury when launched at high speeds. Learning that one object has three characteristics in common with some category may not be very helpful in determining whether the object in question belongs in that category.
     “To make matters worse, other agency guidance uses a different set of characteristics – the six characteristics in the Classification letter appear not to be an exhaustive definitive list.”

And my favorite part:

     He also granted Innovator summary judgment on its claim under the Administrative Procedure Act, holding that the agency’s action must be set aside as arbitrary and capricious because of the agency’s failure to “articulate a satisfactory explanation” and “examine the relevant data” in classifying Innovator’s Stabilizer Brake as a “firearm silencer.”

“Arbitrary and capricious”! Yes! There are going to be a lot of people agreeing with that conclusion.

Feinstein keeps trying

Via the Daily Caller we have this letter from Diane Feinstein to President Obama:

The President
The White House
Washington, DC  20500

Dear Mr. President:

During your State of the Union address, you stated that you want to make 2014 a “year of action.”  We write to urge you to take immediate action to address the significant number of assault weapons that are being imported into the United States in contravention of federal law.  We respectfully request that you take steps to ensure that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) fully enforces the ban on the importation of these military-style firearms.    

A provision of the Gun Control Act of 1968, codified at 18 U.S.C. § 925(d)(3), prohibits the importation of firearms that are not “generally recognized as particularly suitable for or readily adaptable to sporting purposes.”  In recent years, however, importers of firearms have taken advantage of ATF’s interpretation of the “sporting purposes” test to evade the import ban.  In 1998, the Department of the Treasury — which then housed ATF — issued guidance that interpreted the import ban to prohibit only semiautomatic rifles that use magazines originally designed for a military rifle.  Many semiautomatic firearms on the market today do not have a military origin but are modeled closely after military firearms.  These military-style firearms are not prohibited under the current import ban, even though they are functionally equivalent to prohibited rifles with a military origin.  In addition, the Treasury Department’s 1998 guidance allows foreign-made firearms to be imported into the United States without military features, even though these firearms have the capacity to fire multiple times in quick succession without the need to reload and can easily have military features attached.

As a result of the Treasury Department’s unnecessarily restrictive interpretation of the sporting purposes test, imports of military-style weapons have increased dramatically in recent years, helping to fuel deadly gun violence along the Southwest border and in neighboring Mexico.  According to data obtained from the Commerce Department and the International Trade Commission and analyzed by The Center for Public Integrity, 2.96 million rifles and handguns were imported into the United States in 2009, more than double the 1.32 million firearms imported in 2005.  In January of this year, Russia’s Kalashnikov gun maker announced that it plans to sell in the United States up to 200,000 rifles and shotguns, many of which are designed after the Kalashnikov AK-47 assault rifle.  An analysis by the Violence Policy Center found that more than 700 Romanian AK-47 variant rifles were identified in 134 federal gun trafficking prosecutions involving illegal smuggling from the United States to Mexico and other Latin American countries.

For example, one imported Romanian AK firearm, the WASR-10, was carefully designed to exploit the sporting purposes test and has become a favorite of the gun traffickers that profit by arming Mexican drug trafficking organizations.  The importer of the WASR-10, Century International Arms, circumvents the import ban by taking the following steps:  First, the company imports the inexpensive weapon without any military features, to avoid contravening the ban.  Next, the weapon is disassembled, and American-made parts are added, to make the weapon “American-made,” not “foreign-made.”  The magazine well is also modified to accept higher capacity ammunition magazines.  Finally, assault features — which would be illegal if added to a foreign-made weapon — are added to the now-American-made weapon, rendering the weapon an assault rifle for all practical purposes.  The resulting firearm is then sold on the civilian market, either to be used in violent acts here at home or smuggled across the border into Mexico.

WASR-10s have repeatedly been found in the arsenals of top drug kingpins and their associates.  For example, at least one WASR-10 was used in May 2008 to kill eight police officers in Culiacan, Mexico, a city in the northwestern part of the country.  An analysis conducted by The Center for Public Integrity found that, over the last four years, WASR-10 rifles comprised more than 17% of the firearms recovered at Mexican crime scenes and successfully traced back to the United States.  In all, according to a memorandum by the Council on Foreign Relations published in July 2013, over 70% of the 99,000 weapons recovered by Mexican law enforcement since 2007 were traced to U.S. manufacturers and importers.

We urge ATF to close the loopholes that allow the importation of military-style weapons into the United States.  Such an approach should, at a minimum:

  • Prohibit importation of all semiautomatic rifles that can accept, or be readily converted to accept, a large capacity ammunition magazine of more than 10 rounds, regardless of the military pedigree of the firearm or the configuration of the firearm’s magazine well;
  • Prohibit semiautomatic rifles with fixed magazines with a capacity of more than 10 rounds;
  • Prohibit the importation of the frame or receiver of any prohibited rifle, regardless of whether it is incorporated into a fully manufactured firearm;
  • Prohibit the practice of importing assault rifles in parts and then constructing the rifles once they are in the United States by adding the requisite number of American-made parts;
  • Prohibit the use of a “thumbhole” stock as a means to avoid classification of a rifle as an assault rifle; and
  • Prohibit the importation of assault pistols, in addition to assault rifles.

We urge you to review enforcement of the sporting purposes test and take the necessary regulatory steps to stop the importation of all military-style, non-sporting firearms, and the assembly of those firearms from imported parts.  We have endured too many funerals and mourned the loss of too many innocent lives to accept less than full enforcement of the import ban.  Thank you for your attention to this important issue.

Don’t let anyone tell you no that one wants to take your guns. Diane Feinstein does.

We really need to get rid of the “sporting purpose” clause of GCA68. It shouldn’t be that hard, should it? It’s more crazy talk to insist that a gun can be built and sold in the U.S. without issue but that same gun is somehow inappropriate to import.

Quote of the day—Bruce Newcomb

The Second Amendment does not apply to schools.

Bruce Newcomb
Director Of Government Relations at Boise State University
February 28, 2014
Testimony before Idaho House State Affairs Committee
[That’s odd. My copy of the Bill of Rights doesn’t have an exclusion for schools. If Mr. Newcomb’s does then that must mean he shouldn’t have a problem with him being convicted without a trial as long as it is done on school property.

H/T to Mike for the email.—Joe]

Quote of the day—Barry Snell

An anti-gunner reads a book though, or sees a documentary on TV — or perhaps worst of all, gets a degree — and suddenly they have the almighty authority and expertise to tell us how we ought to live our lives, replying to our objections to their onslaught by throwing pictures of dead kids in our faces and commanding us to shut up, because we’re just a bunch of stupid radicals and liberals alone know what’s best for America.

Barry Snell
May 3, 2013
Snell: Waking the dragon — How Feinstein fiddled while America burned
[An even larger point is that liberals believe in a planned/controlled society and I don’t. I believe in free association and exercising free will as long as you don’t infringe upon the rights of others to do the same. I want government out of not just my bedroom, my body, and gun safe but out of my house, my bank, and my contracts with others. The job of government is to protect rights and enforce contracts, not infringe rights and invalidate contracts.

See also my comments from when I first quoted from this same article.—Joe]

Quote of the day—Janaye Ingram

The second amendment is clear and has been affirmed by the Supreme Court, but we cannot sit on our hands while innocent people are shot and while the gun lobby finds more ways for people to have access to guns.

Janaye Ingram
March 14, 2014
Fighting Fire With Fire Isn’t A Solution For Gun Control
[So… her belief is that the Second Amendment guarantees people the right to keep and bear arms but we should just ignore that and find ways to restrict access to guns. If the Bill of Rights is just a smorgasbord to be selected from as public opinion changes then it doesn’t mean anything at all. We could just as well find ways to restrict access to religion, free speech, and a fair trial.

Ms. Ingram should be careful what she asks for. She may get it.—Joe]

Overheard

I was buying the last of the chemicals needed for Boomershoot 2014 when the following occurred. This was in Bellevue Washington just across the lake from Seattle. This is in the belly of the anti-gun beast.

Lady in line at Walmart: Nice coat.
Joe: Thank you!
Lady: That’s a good organization, right? They teach how to use guns safely don’t they?
Joe: Yes they do. In fact, I’m a firearms instructor.

She apparently saw this patch on the sleeve of my jacket:

WP_20140317_001

Quote of the day—Matt Bors

You aren’t going to save the day by shooting a terrorist in the grocery store. We need fewer guns so fewer people shoot their feet off, kill their girlfriends, kill themselves, and go on shooting sprees.

You can have guns for hunting. You can have them to ward off Mexican drug lords or whoever is going to storm into your house. Keep them there, in a locked safe. And if we by chance ever need a well-regulated militia for a revolution or zombie apocalypse, by god, we’re going to be really happy you were born with a micro-penis.

Matt Bors
September 17, 2013
Dear Gun Nuts
[It’s another Markley’s Law Monday!

H/T correia45.

I love how he tells us all these unsupported conclusions then gives us permission to exercise a subset of our specific enumerated rights as if he is the dictator of this country.

I think he is suffering from an exaggerated sense of, well, almost everything.—Joe]

Quote of the day—Arlo Becker

When I was in battle on Okinawa as a Marine, I had a Browning Automatic Rifle. I’ll swear it just wouldn’t fire unless I flipped it off of safety and pulled the trigger.

I have a small rifle in my home. When I go to bed at night, it’s near me. I have yet to hear it fire on its own. Guns are inanimate, mechanical devices that hurt no one by themselves.

Way back when there were no guns, people used rocks, bows and arrows, spears, swords, daggers, poison and slingshots to kill one another.

They didn’t kill people on their own. It took people to use them. Same thing with guns.

Arlo Becker
March 14, 2014
Letter: Obama’s potential gun control attempts useless
[It’s really quite simple but it seems we have to keep repeating it because so many of the simpletons just don’t get it.—Joe]

Quote of the day—Robert J. Avrech

Thus, the story of Purim ends in a series of battles, a bloodbath. The Jews do not sit down and enlighten their enemies about how we must all live together in peace. They do not form reconciliation committees; they do not call for a national conversation about Jew-hatred; they do not consider it a virtue to be tolerant of the intolerant. And they do not forgive their genocidal enemies.

The Jews who follow Mordechai and Esther take up their swords and fight. Because only a good man with a sword can defeat a bad man with a sword.

Robert J. Avrech

March 13, 2014
Purim: The Non-Progressive Jewish Holiday
[The details change some but there are certain concepts that appear to be timeless truths.—Joe]

‘Fascinating…’

…said First Officer Spock as he raised one eyebrow.

It may be that some people in the government class are beginning to “get it” but we’ll have to remain vigilant and see. An “emergency bill” in Idaho to nullify federal gun laws has passed without a single “nay” vote. It’s now up to Governor Marshmallow.

“It is the intent of the Legislature in enacting this act to protect Idaho law enforcement officers from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations enacted or promulgated on or after the effective date of this act, to violate their oath of office and Idaho citizens’ rights under Section 11, Article I, of the Constitution of the State of Idaho.”

News article here.

The act applies only to future federal encroachments, and so the language, “…protect Idaho law enforcement officers from being directed…to violate their oath of office and Idaho citizens’ rights…” has a grandfather clause in effect. It means, quite literally and specifically, that violating the Oath of Office and citizens’ rights is perfectly OK (and maybe even laudable) so long as said violations have existing laws, etc. as a pretext.

I suppose we can take this as a sign of progress, but we need to be careful and not celebrate too enthusiastically. Happy Days are not here again, innocent people are still in jail, the guilty are still being paid out of our pockets, and the skies above are rather cloudy. I don’t believe that anyone in government “gets it”, so much as they’re merely able to see which way a gale is blowing. Still, there is hope.

Quote of the day—Josh Sugarmann

Across America, the firepower in the hands of gun owners of varying stripes is increasing dramatically. The reason: assault weapons. Drug traffickers are finding that assault weapons—in addition to ‘standard issue’ handguns—provide the extra firepower necessary to fight police and competing dealers. Right-wing paramilitary extremists, in their ongoing battle against the “Zionist Occupational Government,” have made these easily purchased firearms their gun of choice. And rank and file gun aficionados—jaded with handguns, shotguns, and hunting rifles—are moving up to the television glamour and movie sex appeal of assault weapons. The growing market for these weapons—coupled with a general rising interest in the non-sporting use of firearms—has generated an industry of publications, catalogs, accessories, training camps, and combat schools dedicated to meeting its needs.

Josh Sugarmann
1988
Introduction to Assault Weapons and Accessories in America
[See also this quote from the same report that contains this infamous quote about deliberately taking advantage of “The weapons’ menacing looks, coupled with the public’s confusion over fully automatic machine guns versus semi-automatic assault weapons” to push through bans on “assault weapons”.

I find it interesting that Sugarmann doesn’t talk about actual, measurable crime rates. He conjures up potentialities but not actual victims. This sort of tactic is no more valid than the sort of talk that came about when slave holders wanted to scare people about the problems that might occur from freeing their slaves.

Sugarmann might as well be talking about the hazards of people of color using the same water fountains as whites, black children in the same swimming pool as white children, and interracial marriages. He just doesn’t like it that people have guns even though he can’t show the actual harm and he certainly doesn’t want to talk about any potential benefits.

This 1988 paper is a classic and I can easily see it being a centerpiece in the evidence to be used at his trial.—Joe]

Students for Concealed Carry news release

A quick note to my daughter Kim and others who might be ready to start carrying on campus today. You need to have the “Enhanced Carry” permit before you can legally carry on campus and you need to wait until July 1. Send me an email if you want to get the training for the enhanced permit in the Moscow, Idaho area. I know some people…

Students for Concealed Carry sent me an email with the following news release. From here:

Idaho Governor C.L. “Butch” Otter has signed campus carry bill SB1254 into law, which is expected to go into effect on July 1st. The bill allows law abiding adults over the age of 21 who have been issued an Idaho enhanced concealed carry permit to be able to carry a firearm onto most parts of campus without fear of reprisal from university policy.

With the passage of this bill, Idaho joins the states of Colorado, Kansas, Mississippi, Oregon, Utah, and Wisconsin which have provisions for law abiding citizens to be able to carry firearms onto parts of campus grounds proper. Some additional states such as North Carolina and South Carolina allow licensed persons to store firearms in a car, but otherwise forbid firearms on college campuses. While Idaho will not allow firearms into dormitory buildings or into campus building hosting a sporting competition or similar events, this measure allows students in Idaho to join their counterparts in Colorado and Utah in being able to defend themselves while attending class.

“This is a major step forward for Idaho, and for our nation as a whole”, said Kurt Mueller, Students for Concealed Carry’s Director of Public Relations. “We have seen these policies  in effect in other states without the massive negative consequences predicted by our opposition, and we have every expectation this will likewise be Idaho’s experience.”

Students for Concealed Carry is working to ensure that the momentum from this move will spread to similar efforts underway in nearby states, particularly Texas. “Texas has proposed campus carry a few times over the past couple of years, with various versions being passed by either the Texas House or Senate. We hope that the shared experience of its sister states will show Texas and the rest of the nation that these types of laws are successful and do not impact the academic mission of universities.”, Mueller said.

CONTACT

Kurt Mueller, National Director of Public Relations, Students for Concealed Carry
kurt.mueller@concealedcampus.org
http://www.ConcealedCampus.org

ABOUT STUDENTS FOR CONCEALED CARRY – Students for Concealed Carry (SCC) is a national, non-partisan, grassroots organization comprising college students, professors, college employees, parents of college students, and concerned citizens who believe that holders of state-issued concealed handgun licenses should be allowed the same measure of personal protection on college campuses that current laws afford them virtually everywhere else.  SCC has members in all fifty states and the District of Columbia.  SCC is not affiliated with the NRA or any other organization.    For more information on SCC at the national level, visit ConcealedCampus.org.

Quote of the day—John Kirksey

Black people primarily need to arm themselves as history has shown from a tyrannical government, the Ku Klux Klan, and gang violence in certain neighborhoods. In order for citizenry to attain proficiency in firearms I believe that black people should acquire arms, take lessons and join organizations such as the NRA and their local gun clubs. Most if not all of these organizations will provide training. 

The world is a dangerous place; criminal elements in the community, political government excesses, home safety in an increasingly dangerous society. These kinds of things speak for themselves. For it is better to be prepared than victimized.

John Kirksey
March 12, 2014
Gun Control
[I have nothing to add.—Joe]

Idaho has campus carry

S1254 was signed by the Governor today.

Butt out?

Well now this is interesting.

==================
Wyoming, a deeply pro-gun state, has taken the lead in the case, spurred by Gov. Mead, who called the New Jersey law a threat to citizens’ freedom everywhere.

“This decision out of New Jersey impacts the right to keep and bear arms outside the home,” Mead said. “So I felt it was necessary to have the [state] attorney general support a petition to the Supreme Court to hear this case.”

Some in New Jersey are pushing back on the intervention from outsiders. A Feb. 18 editorial published by the website NJ.com called on them to “butt out.”
==================

“Butt out.” The Southern states said very much the same thing back in the middle 1800s, claiming the right to enslave other people and the right to be “free” from outside meddling in that endeavor. There is of course no such right, as there is no “right” to violate any right. That simple and obvious concept is what brought us Incorporation Doctrine.

I don’t like that term “deeply pro-gun”. It’s not quite as bad as “severely conservative” but it is barking up the same tree. How about simply “pro-human rights” as in, “Wyoming, a more pro-human rights state”…? Better yet, “less intrusive upon human rights” or “a less coercive state” would provide a more realistic perspective. That is if we care about perspective with regard to basic principles.

Quote of the day—Dustin Pardue

Nobody is coming to take your guns and weapons. The National Rifle Association, which lays its roots as an off-shoot of a faction of the Ku Klux Klan, wanted you to think so, didn’t they? … In fact, no piece of federal legislation was ever presented in regards to gun restriction in Washington, DC under President Obama that limited gun ownership.

Dustin Pardue
March 10, 2014
Editorial: A pragmatic look at gun control
[Wow! Nearly every sentence in this guys editorial is opposed to the known facts in my universe. I have always discounted the possibility of those sci-fi plots with everything being the opposite of our universe. I always figured that as soon as a few major things are different the universes would radically diverge. In a short period of time, like in a decade or ten, there would be little resemblance between the two universes. But here we appear to have evidence to the contrary.

In Pardue’s universe the NRA was apparently formed by Confederate veterans instead of Union vets and helped supplied arms to the KKK instead of the victims of the KKK such as Robert Williams.

And in his universe Senator Feinstein never introduced the Assault Weapon Ban of 2013.

The divergence from our universe just goes on and on in this guys post. Another example is where he quotes the what in our universe is the 1875 Cruikshank decision but in his occurred in 1876:

The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence.

In our universe there is more to the quoted sentence which changes the meaning:

The right there specified is that of ‘bearing arms for a lawful purpose.’ This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress.

So, I wonder if this is sufficient evidence to confirm the existence of alternate universes. I almost wish it were true. I could use the money from a Nobel Prize in physics. But I suspect the truth is this guy is just another passenger on an overloaded crazy train and there isn’t any money to be had from identifying the existence of something as common as crap for brains.—Joe]

Free availability of guns

Via Cemetery’s Gun Blob:

Free availability of guns is madness. Ban them all!

There is so much stupid in the thread that I could only deal with one or two sentences of it at a time.

As we know the number of guns in private hands as increased dramatically in the last decade or two while the crime rate has fallen so the availability of guns is beyond my comprehension why someone would think it is madness and demand they be banned. On the other hand believing it to be practical or wise to attempt enforcing a ban on them is madness.

But what I really want to know is; In what alternate universe can we find these free guns?

Quote of the day—Standing Wolf

The Constitution is a restraining order against the federal government. I’m not going to say a word about the effectiveness of restraining orders against criminals.

Standing Wolf
[This is the signature line used by “swgunner” on various forums.

They make a very good point. And, of course, this subtly points out the necessity of the Second Amendment as a backup plan for dealing with governments/criminals.—Joe]

Campus carry in Idaho

Via email from “Alpha Mike” regarding campus carry in Idaho:

Campus carry passed 50-19-1 (Cindy Agidius was conveniently out of town for the vote).

Call Governor Otter’s office if you support. Don’t call if you oppose.

http://gov.idaho.gov/ourgov/contact.html

The phone number is 208-334-2100 or use the link above to send an email.

See also the news on the topic:

Our opponents are saying (via email):

Despite strong opposition, SB 1254 (guns on campus) passed the Idaho Senate and House. It’s now on the way to the Governor, so this is our last chance to stop it.

Senate Bill 1254 would strip the authority of state-supported colleges and universities in Idaho to regulate in matters relating to firearms. Currently, all state-supported colleges and universities in Idaho prohibit the possession of firearms on their campuses.

Specifically, this legislation paves the way for retired law enforcement and individuals – students, faculty, staff, and visitors – who possess an enhanced permit to carry concealed weapons to bring loaded handguns onto campus grounds and buildings, including classrooms, libraries, and student recreation centers. Firearms would be prohibited in (1) student dormitories and (2) “public entertainment facilities” with a seating capacity of at least 1,000 provided signage is posted at each point of entry. In addition, the legislation does not restrict the open carrying of a firearm in the above mentioned places.

Contact Governor Otter now to tell him that guns (concealed and openly carried) don’t belong on our college campuses. Veto this bill (S.1254) >>

Please take action today and share. Thanks.

Andy Pelosi
Director
GunFreeKids.org and the Campaign to Keep Guns off Campus

In other words GunFreeKids wants colleges and universities to continue their bigoted policies of creating Second Amendment free zones. They are either so ignorant or evil that they want to continue the policies that enable the Virginia Tech massacre.

Encourage Governor Otter to let my daughter Kim and others attending and working at colleges in Idaho to be able to defend themselves with the best tools available should they need to stop an attack. We need to eliminate another set of “gun free” killing zones and this is a battle we can easily win and provide yet another example of how the right to keep and bear arms is not a “recipe for disaster”.

Update: My email to Governor Otter:

Please sign SB 1254 allowing my daughter (University of Idaho) and others attending and working at colleges in Idaho to be able to defend themselves with the best tools available should they need to stop an attack. Virginia Tech was a “gun free” school but actually was a killing zone where innocent, law abiding, people were helpless against one person with a gun and evil intent.

The Virginia Tech shooting was a rare event but lesser attacks are not. Please sign this bill and eliminate these embarrassing “Second Amendment Free Zones” from our state.

Regards,

Joe Huffman
The View From North Central Idaho
https://blog.joehuffman.org/