Quote of the day—President Obama

I just want you to know that we are working on it. We have to go through a few processes, but under the radar.

President Obama
March 30, 2011
Over a barrel? Meet White House gun policy adviser Steve Croley
[This was a comment to Sarah Brady as she remembers it. I don’t know if this was accurately related and a serious comment or a platitude from an expert politician. Certainly Obama has the background to qualify this as extremely serious but actions speak louder than words and from the Brady Campaign viewpoint his actions have been minimal at best.

He and his administration deserves to be watched very, very closely.

H/T to Dave Hardy.—Joe]

Quote of the day—Michael Martin

We are disappointed the legislature focused on this issue when there are bigger issues like assault weapons, and universal background checks at gun shows,

Michael Martin
Washington Ceasefire member
March 29, 2011
State Senate approves use of gun ‘silencers’
[That’s just the way we like for Washington Ceasefire members to be, “Disappointed”.

I wonder what Martin did when he found out Governor Gregoire signed the bill into law today? Sobbing uncontrollably works for me too.—Joe]

Quote of the day—Chiefjaybob

At one point after your quote the female judge tries– for about the sixth or seventh time– to remind the city’s attorney that the injury is not the travel to a gun range but the complete ban on their existence, and she states, “The City requires this as a component of ownership but prohibits a citizen from getting that training without leaving the city. How do they even think that’s rational?” She obviously doesn’t speak to gun-grabbers much. Rationality has nothing to do with the argument!

Chiefjaybob
April 10, 2011
Comment to Quote of the day—City of Chicago Attorney.
[Agreed. Those of us on “the front line” for years are used to it but you could tell the judge was getting increasingly frustrated with the guy. And the attorney would repeatedly say things like (paraphrasing) , “We have the power to regulate, such as zoning, so this ban is just a simple exercise of our power to regulate.” This would tick the judge off even more. I think the judge was nearly to the point she would have slapped him and walked off had it been a one-on-one private discussion.

If I had been doing the questioning I would have asked him since the city had the power to regulate and zone did the city also claim the power to ban all mosques, synagogues, and churches within the city? Just as theists regularly attend their place of worship a gun range is where gun owners go to exercise their “religion”.—Joe]

Quote of the day—City of Chicago Attorney

Where people are known to gather with guns can be attractive to criminals.

City of Chicago Attorney
April 4, 2011
Starting at about 29:15 in the recording of the oral arguments.
[I couldn’t quite figure out what the attorney’s name was perhaps it was “Feldman”. But that doesn’t matter as much as he represented Chicago and that he and probably others that wrote the Chicago brief had never been to a gun range yet proclaimed they knew enough to justify banning them in the city.

I question the factual basis of the above assertion and even if it were conceded as a fact that would not be sufficient grounds to infringe upon the specific enumerated right to keep and bear arms. Using the same logic as above they could also ban parking lots because they can attract car thieves, grade schools because they can attract child molesters, and banks because they can attract robbers. I view the statement above just as bigoted as saying places where people with dark skin loiter attracts an illegal drug trade hence those kind of people are not allowed to loiter on public streets.

It was very pleasant to hear the attorney get slapped around pretty hard by two of the judges.

H/T to Sebastian and David Hardy.—Joe]

The scarlet sticker

In Kentucky:

Grinnell said he expected to have to leave his weapon with security officers when he went into the Capitol. But when he told one of the officers that he was carrying a concealed weapon, Grinnell said they simply recorded his concealed-carry permit information and gave him a red sticker to wear, signifying he had a gun.

I would view such a sticker as a sign that says, “Shoot Me First!”

Pathetic

As David Hardy says, “Brady Campaign might as well surrender…”

Just look at the number of views of their YouTube videos. Videos they posted 10 hours ago have received four, six, and nine views. For videos that have been posted for a week they have an average of 107 views.

That isn’t even a “friends and family” viewing rate. Maybe they don’t have any friends, just family.

Quote of the day—Suzanne Verge

I’m very concerned about the open carry movement. It seems to be expanding.

Suzanne Verge
Of the Los Angeles chapter of the Brady Campaign to Prevent Gun Violence.
April 6, 2011
LA City Council support ban on openly carrying guns
[Open carry as a political protest in California is the social equivalent of a gay pride march in front of Fred Phelps church. The immediate benefits are questionable and you shouldn’t expect to make many friends in the process.

In terms of firearms Suzanne Verge is the equivalent of a minor official in Phelps’ church and as shown above responds in an analogous manner.—Joe]

Lists

Robb and Barron have posts on government lists. For some reason the only thing I could think of to add was this quote.

Quote of the day—Michael Marks

Madigan is just another unqualified hack politician driving a short-sighted special-interest agenda against all reality and fiscal responsibility. This idea will waste money we don’t have and empower criminals to more confidently pick out the helpless and defenseless. If you are a gun-owner in Illinois you should be affronted, perhaps even ticked off. If you not a permit holder in Illinois, you should be terrified. Lisa Madigan is putting your name and your home on the menu.

Michael Marks
Director of Communication-Fifty Caliber Institute
April 7, 2011 Newsletter
Regarding Illinois attorney general, Lisa Madigan, wanting to release the names of gun owners to the public.
[The entire concept of creating lists of gun owners and making the list available to the public is no different than doing the same with homosexuals, Jews, Catholics, or Muslims. We are not sexual predators and we don’t appreciate being treated like them.—Joe]

Quote of the day–William P. Hoar

The President says he believes in the Second Amendment, which one supposes is gracious of him, but in his op-ed he also snidely refers to the beliefs of those who are concerned with Second Amendment liberty as being engaged in “wedge issues and stale political debates.”

The crimes on January 8 were the killing of six people and the wounding of 13 others. The response should not be — as is usually the case with gun restrictions — for the federal government to target law-abiding Americans.

William P. Hoar
April 5, 2011
Gun Controllers Don’t Want to Waste Tucson Tragedy
[I would like to also point out that if the President really thinks the Second Amendment is a “stale political debate” then he can stop bringing up gun control and tell the Brady Campaign and their ilk he is not interested in talking to them.—Joe]

Sororities raise money for Brady Campaign

How ironic. All that effort spent raising money for an organization that wants them helpless on their own campuses:

Theta Chi wasted no time coming back from Spring Break by throwing their 2nd annual War of the Roses Week. The week-long philanthropy event raised over $2,100 to support the Brady Campaign, which is an organization designed to prevent gun violence.

If they didn’t want to have guns then don’t buy them. But don’t give money to an organization that works to remove other peoples right to choose—including my daughters and nieces.

Maybe I can encourage the young women in my family going to college to work on a fund raiser for the Second Amendment Foundation.

Random thought of the day

If it weren’t so deadly serious I would find it quite amusing that anti-gun activists get all bent out of shape and claim they feel threatened when millions of people peaceably carry concealed firearms in public every day. Yet they advocate passing laws that would mandate those same peaceable people give up their defensive tools at the point of a policeman’s gun and claim we are the ones threatening violence.

Quote of the day—Mathew Nosanchuk

When Solicitor General Theodore Olson filed briefs in the Supreme Court embracing the expansive individual rights interpretation of the Second Amendment, we warned that the primary beneficiaries of the Ashcroft Justice Department’s novel interpretation would be criminal defendants. An expansive individual right under the Second Amendment simply is not supported by history of the Constitution or binding Supreme Court precedent and threatens to undermine the Justice Department’s enforcement of existing gun laws.

“Now, the chickens have come home to roost. As the Washington Post today reported, the defendants are charged in separate cases with unlawful possession of a handgun and ammunition respectively. They both rely explicitly on the Justice Department’s briefs “and a memorandum from Attorney General Ashcroft to all 93 U.S. Attorneys in which he directs them to follow his interpretation of the Second Amendment” to support their Second Amendment challenges to the District’s gun laws. According to the brief in one of the cases: “As made clear by the various government representations, the United States now understands and represents before tribunals that the Second Amendment right to bear arms is an individual and personal right, not a collective right of the state to form a militia.’ On this basis, the defendants seek to have the District’s laws, which impose a virtual ban on the private possession of handguns and ammunition, struck down.

Mathew Nosanchuk
Violence Policy Center’s litigation director and legislative counsel
May 30, 2002
Statement of Violence Policy Center in Response to D.C. Gun Crime Defendants Using U.S. Department of Justice Second Amendment Policy Shift to Strike Down Gun Laws
[I’m sure there were similar complaints when challenges were made against whites only drinking fountains and restrooms, and prohibitions against mix race marriages.

Undermining existing unconstitutional and discriminatory laws are a good thing.

That the VPC put itself on a parallel track headed into the same dustbin in history, nearly nine years ago, as the KKK is icing on the cake.—Joe]

Bill Clinton

In an interview discussing his support for arming the Libyan rebels, Bill Clinton was quoted:

“We’re trying to build a world in which people resolve their differences
in nonviolent ways,” he said. “And we’re trying to build a world where
no ruler can cavalierly kill its unarmed civilians
.”

I think we’re working for the same goal.

Using their own data against them

For those that regard facts, correlation, truth, and falsity important (i.e. people unlike MikeB302000 and other anti freedom people) this is an awesome article.

Here are some of the graphs to give you a hint of the content:

UNDataOnGuns1-6
Obviously as gun ownership increases there is more freedom.

UNDataOnGuns1-7
Gun ownership goes up when the economy of the nation is better.

UNDataOnGuns1-312
Homicide has a slight negative correlation with gun ownership. But this graph doesn’t tell the complete story because it doesn’t include the murder of citizens by their governments. Nearly 100 million people were murdered by their own governments in the 20th Century. All the major genocides were enabled by strict gun control. These numbers are not included in the above graph and if included they would give the above graph a huge negative correlation.

UNDataOnGunsCorruption
As gun ownership goes up the corruption goes down. I find this one of the most interesting graphs. I wonder about the causation. Do corrupt government restrict gun ownership out of fear or is corruption lower because people own guns? Both? Neither?

No clue

Sometimes you just have to shake your head at the lack of a rational thought process. This particular instance is brought to you by Elizabeth Guernsey, 26, a graduate of Trinity College who is pursuing a master’s degree in “urban studies”. “Urban studies” probably explains everything:

In fact, the federal government has passed only three major pieces of gun legislation over the past century. Two of these bills followed the assassination and attempted assassination of public officials. The National Firearms Act of 1934 made it illegal to carry hand grenades and machine guns. The Firearms Act of 1968, passed after the assassinations of Martin Luther King Jr. and Robert F. Kennedy, regulates the firearm industry and prevents interstate firearm transfers. The Brady Handgun Violence Prevention Act of 1993, named for James Brady, who was shot during the attempted assassination of President Ronald Reagan, requires background checks for those purchasing firearms.

These pieces of federal law are critical to keeping illegal guns out of our communities. Perhaps we should applaud politicians for using the moment after a president or congresswoman is shot to push for improved gun regulations. But why have public officials been unable to pass laws in light of the 9,484 ordinary people killed each year by gun violence?

First off, these three laws are far from all the Federal laws on the books. Alan Korwin has an entire book on just Federal Gun Laws—all 271 of them.

Next, the laws she describes as “critical to keeping illegal guns out of our communities” actually created “illegal guns”. Machine guns, short barreled shotguns, and suppressors weren’t “illegal” until it was required that an exorbitant tax (at the time) was placed on them with NFA 1934. Without registering the gun and paying the tax the guns were illegal to be privately owned. Again, GCA 1968 prohibiting the private transfers of firearms across state lines created “illegal guns”. And finally the background check mandated by the Brady Act in 1993 has nothing to do with guns. It only has to do with people. Her statement about the criticality of the laws in “keeping illegal guns out of our community” is a total disconnect from reality.

Finally, as pointed out by the CDC and others there is no evidence that any of the gun laws on the books has made communities safer. I find it very telling that neither the issue of effectiveness of laws infringing upon a specific enumerated right, or the issue that such a right even exists was mentioned by Ms. Guernsey. But what do you expect from someone who has crap for brains and the best they can do to establish self-esteem is attempt to acquire a degree in “urban studies”?

H222 (Idaho Campus Carry) Senate Hearing

During the hearing on H222 one senator suggested that campus carry was an “intellectual exercise”.


This bill was not an intellectual exercise for any of the people who supported it. I do not believe that I can explain our motivations better than the following excerpt from the case of State v. Payne, 146 Idaho 548, 199 P.3d 123 (Idaho 2008) (emphasis added):



I. FACTUAL AND PROCEDURAL BACKGROUND


The district court sentenced Payne to death for the murder of Samantha Maher after a jury found him guilty of kidnapping, raping, robbing, and murdering Maher.


On July 6, 2000, Payne abducted Maher from Julia Davis Park in Boise. That morning, he left his home as if to go to work, even kissing his wife goodbye, but instead drove to the park. Payne had with him a loaded .22 Ruger and several recent purchases: handcuffs, latex gloves, detailed maps and atlases of Oregon, and camping gear. Payne approached Maher around 10:15 that morning as she was arriving for her class at Boise State University. Carrying the handgun, Payne forced Maher into the front seat of her car. He then handcuffed her wrists and drove her car to an unknown location. After sexually assaulting her, Payne raped Maher, leaving bruises, cuts and scrapes on her face, back, and buttocks. After the rape, Payne placed the handgun at the back of Maher’s head and shot her. Payne then placed Maher’s body in the back seat of her car and drove to his rented home, a former dairy farm, near Nampa. He disposed of her body by dumping it in a concrete drainage tank containing water and debris near one of the barns on the property. He went into his home, ate some left-over pizza, and left a note under a bed pillow for his wife. He took Maher’s keys and purse containing her credit cards and drove to the Oregon coast and then on to Eugene, Oregon the next day.

Prosecutors Must Produce Witness Testimony to Prove Firearm Registration

Via email from Michel & Associates, P.C. Attorneys at Law:

The California Court of Appeals has ruled that handgun registration information cannot be admitted into evidence at trial without accompanying witness testimony and an opportunity for a defense attorney to cross-examine that witness. People v. Sanchez (2011 DJ DAR 4269; DJ, 3/24/11; C/A 6th). This is good news for firearm owners.
 
Mr. Sanchez was charged with carrying a concealed handgun in a vehicle without a permit. The handgun was loaded, and was allegedly not registered. Under Penal Code section 12025(a)(1)/(b)(6), if an illegally concealed or loaded firearm is not registered then the criminal offense, which is usually a misdemeanor, can be charged as a much more serious felony. In the Sanchez case the District Attorney sought to prove that Sanchez’ firearm was not registered by trying to admit into evidence a certified document from the California Department of Justice stating the custodian of records had conducted “a diligent search of the Automated Firearms System… for the Firearm Ownership History of Jose Gonzalez Sanchez…” and that the “search revealed no record.” 2011 DJ DAR 4269; p. 11, 12. But the document was determined to be “testimonial” (i.e. ‘[a] solemn declaration or affirmation made for the purpose of establishing or proving some fact’). And testimonial evidence requires an actual witness to take the stand, provide the evidence to the court and jury and, most importantly, be cross-examined by the defendant’s attorney. 2011 DJ DAR 4269; p. 23.
 
What does all this mean for firearm owners?
 
Registration and permitting databases kept by the State are not always accurate. In fact, errors are common. A defendant should never accept a written declaration or document as evidence that a firearm was not properly registered, or that the defendant lacked the correct permit. Prosecutors should be held to their burden of proof and compelled to offer sworn witness testimony to the court and jury that the defendant did not properly register and/or possess the correct permit. Because the firearm registration system is subject to much criticism for inaccuracy,  prior to trial all government reports on the accuracy of the database should be subpoenaed, a database expert should be consulted, and a careful cross-examination should be prepared.
 
The offenses where this rule applies include carrying an unregistered loaded handgun (Penal Code section 12031(a)(1)/(2)(F)); possession of an unregistered concealed handgun (12025(a)(1)/(b)(6)); importation, sales, and/or possession of an “assault weapon” or “.50 BMG rifle” (12280(a), (b) and (c)); possession of a “destructive device” (12303); possession of one of the dangerous weapons listed in Penal Code section 12020(a)(1); importation and/or sales of large capacity magazines (12020(a)(2)); and possession of a “machinegun” (12220). There are other situations where the testimonial rule would apply as well.
 
Historically, registration and permitting documents like these had been allowed into evidence in court without the testimony of the preparer under the “business records” exception to the hearsay exclusion rule. The “business records” exception to the hearsay rule allowed out of court statements, in this case documents, if they were prepared in the ordinary course of one’s business. But the Supreme Court determined even if these were “business records” they were prepared for the purpose of trial, were testimonial, and therefore required the presence of a witness to testify. 129 S.Ct. at pp. 2538-2540.
 
The Sanchez decision follows two Supreme Court decisions establishing the law on the topic. In 2004, the United States Supreme Court declared that under the Sixth Amendment testimonial statements must be subject to cross examination at trial. Crawford v. Washington (2004) 541 U.S. 36. So if a statement is obtained outside of the courtroom for purposes of prosecution, the person who made the statement must be subject to cross-examination by the defense or the statement cannot be used as evidence. This holding was expanded in Melendez-Diaz v. Massachusetts ( (2009) 129 S.Ct. 2527). Under a Massachusetts state law, prosecutors were allowed to enter “certificates of analysis” to prove that an item was a “controlled substance” instead of having an actual person testify at trial. 129 S.Ct. at pp. 2530, 2531. The Supreme Court determined that this was unconstitutional according to the analysis in Crawford. In order to enter the information as evidence a witness would need to be present to testify to establish the illegality of the substance. 129 S.Ct. at p. 2532.
 
If facing charges for one or more of the previously mentioned offenses, gun owners should be sure that their attorney is aware of these Supreme Court rulings, as well as the Sanchez decision, and forces the prosecution to be held to their burden of proof and provide sworn witness testimony regarding registration and permitting documents.

Quote of the day—Christopher Burg

Carry laws are in place in every state except Wisconsin and Illinois. To this day no evidence can be brought forth demonstrating these laws have lead to an increase in violent crime but much evidence exists demonstrating these laws correlate with a lowering in violent crime. Yet the Brady Campaign continues to warn about the “blood in the streets” that’s inevitable when carry laws are passed. Why are these people still clinging to their failed belief that guns are the problem? Because not doing so will cause them to lose their Joyce Foundation funding and then they would have to go find real jobs.

…

The bottom line is carry permits have been nothing but beneficial. There hasn’t been a single valid argument made against passing liberalized (in the classical sense of the word) carry laws. So far no “blood in the streets” instance have occurred and frankly the laws have been on the books in some states for decades. You would think the anti-gunners would wake up and realize nothing they’ve said has come true and thus their argument has no weight. Then again for most anti-gunners their argument is emotional and logic can go take a flying fuck and a rolling doughnut.

Christopher Burg
March 31, 2011
Brady Campaign Whining About Illinois Possibly Lifting Their Carry Ban
[Yup!—Joe]

Quote of the day—Dennis Henigan

We must, once again, confine military firepower to the battlefield, by reinstating a ban on high-capacity ammo clips.  Why hasn’t such legislation long ago been enacted?

Usually such a question prompts a discussion of the NRA’s outsized political power – its resources, its tactics of threats and intimidation, and the commitment of its cadre of true believers.  Indeed, in recent years, the gun control issue has become so dominated by the question of whether stronger gun laws can be enacted, that it has left little room to address the real issue – whether stronger gun laws should be enacted.

Dennis Henigan
Brady Center Vice President
March 29, 2011
Jim and Sarah Brady: Beyond Politics to Idealism
[To answer the first question, because it is pointless. I have demonstrated that with my video. Furthermore the U.S. Department of Justice sponsored study said, “Should it be renewed, the ban’s effects on gun violence are likely to be small at best and perhaps too small for reliable measurement.”

What is he implying with the statement “outsized political power”? Does this mean he thinks there should be some regulation of political power in this country? Perhaps when blacks/Jews/homosexuals get a little too uppity they should be silenced or at least put in their place. Or is it just those people that exercise their specific enumerated right to keep and bear arms that should be put down when their numbers get a little too big for the politicians to ignore?

As to whether stronger gun laws should be enacted. I think that discussion was settled with the Heller and McDonald U.S. Supreme Court decisions. But like the KKK that didn’t really accept the results of the Civil War and the freeing of the slaves Henigan and Brady Campaign can’t seem to get past the fact that they lost.—Joe]