Quote of the day—Chuck Norris

One thing he definitely got wrong, however, was his arrogant statement that he “expanded” the rights of gun owners. The Bill of Rights is guaranteed and can’t be “expanded” by government, as it contains fundamental natural rights. Those rights can, however, be restricted by illegitimate government fiat, which is why the clear language of the Second Amendment prohibits even “infringement” upon it. But infringement is clearly on the agenda despite Obama’s rhetorical vacillations.

Chuck Norris
March 28, 2011
Obama triangulates on gun control
[Although I agree with the point that fundamental natural rights can’t be “expanded” it’s generally not a good idea to “look a gift horse in the mouth”. The time to use the point about rights cannot be expanded, only infringed, is during debates with those wishing to continue restricting our rights. I think this meme can be used to great effect in many circumstances. I think it is an important mindset shift that we need to adopt now that we are on the offensive. But I don’t think it is appropriate in this context.

We won minor victories on the guns on trains and in National Parks issues under the Obama administration. To the best of my knowledge they didn’t even put up a fight. For this President Obama deserves some cautious praise and perhaps a gentle, private, reminder on the nature of rights, not a public slap in the face.—Joe]

Some people are more equal than others

As near as I can determine these people believe that if you can convince your state legislators to assert rights guaranteed to the individual states by the Tenth Amendment you are not a legitimate part of the political process. Apparently only those people that advocate for the infringement of states rights are legitimate.

They haven’t publically proposed a punishment yet but I suspect they have thought about it.

Here is a sample:

The UA researchers identified what they termed the “Commerce Battering Ram Strategy,” a legal-political apparatus that “private lawmakers” – unelected individuals who thrust themselves into the political process – have developed to harness states’ legal powers in an attempt to break open federal laws.

“Using the Tenth Amendment as its core log, a Commerce Battering Ram mobilizes states to challenge the federal government,” Orbach said, adding that legislation and litigation are key to such mobilization.

In effect, individuals within the movement attempt to propel as many state laws as possible toward weakening the government’s control of guns, the research team said. 

…

While it would appear that individuals within the movement are merely exercising their legal rights as citizens of the United States and participating in the democratic process, Orbach, Callahan and Lindemenn all argue that that use of battering rams “is not equivalent to legitimate participation in the democratic process.”

“Commerce Battering Ram”? That sounds like a phrase straight from Josh Sugarmann’s playbook like “assault weapon”.

Quote of the day—Ken

As a former peace marcher, head shop owner, member of the Brady Campaign, and gun store protester, I see no reason why we shouldn’t have constitutional carry in all 50 states, eliminate the National Firearms Act, Gun Control Act, and Brady Bill, overrule all state gun laws as violations of the 2nd Amendment, and make Samuel Colt’s birthday a national holiday.

Ken
March 25, 2011
Comment to You know the whole “I’m a gun owner BUT” thing?
[Nice mockery!

I love it.—Joe]

More to the Idaho campus carry story

We lost on bill H222 in the senate committee but there is still a lawsuit in progress.

I received the following email from Michael C. Brown of ISSA this morning which gives us a little more info as to what was said at the hearing. I find it exceedingly interesting stuff:

The Senate state affairs committee voted 6-3 to kill H222. Several senators who had answered surveys saying they would support the bill voted to kill it. I have attached the testimony that I gave since you won’t hear a word about it in the media. More later:

—-

I would like to clarify a couple of points about H222 where there apparently is some confusion:

This bill does not “allow” guns on college campuses. This bill does not change current law about where someone may carry a firearm. The colleges and universities have chosen to implement policies banning firearms on their campuses that purport to regulate members of the university community as well as members of the public with no connection to the institution. They are merely policies and as such have no force of law.

These campuses are public property owned by the people of Idaho not by the regents or trustees and not by the state board. The people, in Article 1 Section 11 of the state constitution have described how and by whom they want carry on their property regulated. That provision states, “The people have the right to keep and bear arms, which right shall not be abridged…” The only exception to the guarantee which is pertinent here is a grant of power to the legislature: “this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person;…”.The Idaho courts have not construed this provision since it was amended in 1978 but in 1902 the Idaho Supreme Court found that a statute that broadly prohibited carrying firearms violated both the previous (weaker) language of art 1 sec 11  and also the second amendment to the United States constitution  (it took the US Supreme Court another 106 years to reach a similar conclusion). To quote from that opinion: “Under these constitutional provisions, the legislature has no power to prohibit a citizen from bearing arms in any portion of the state of Idaho, whether within or without the corporate limits of cities, towns, and villages. The legislature may, as expressly provided in our state constitution, regulate the exercise of this right, but may not prohibit it.” In re Brickey, 8 Idaho 597, 70 P. 609 (1902).

The purpose of this bill is to clarify exactly what authority public colleges and universities in Idaho have to regulate firearms on their campuses. This legislation represents the first specific grant of authority to an institution of higher education to regulate firearms (in dorms only) since 1889. While the regents of the University of Idaho have been granted general authority to operate the university under article 9 section 10 of the constitution and the various state colleges and universities’ boards have been granted similar general authority by statute, the question remains: if a general grant of authority to run a college authorizes a state institution to abrogate the enumerated constitutional right contained in art 1 sec 11 , then, by that logic, can they also deny the other rights guaranteed by the Idaho constitution on their campuses?

This bill does not “allow” open carry on college and university campuses. In 1978 the people of Idaho voted to amend Article 1 Section 11 of the state constitution to take away the authority of the legislature to regulate the open carry of firearms.  Here is the old language:

“ The people have the right to bear  arms  for their  security and

  defense; but the legislature shall regulate the exercise of this right by law.”

And, again,  here is the relevant current language:

“The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person…”(emphasis added).

By the plain language of this provision, the legislature can only regulate concealed weapons and it has chosen to do so by passing a law of general application which requires that a license be obtained before a concealed weapon may be carried in public. In a couple of instances the legislature has enacted laws that prohibit all firearms in certain discrete locations (airports and K-12 schools). The courts have not ruled on the constitutionality of these provisions. Note, however,  that all of these are very narrow exceptions to the general rule. Likewise the grant of authority to the institutions to regulate all firearms possession in dorms is a very narrow exception and is much more likely to be upheld by the courts  than the kind of absolute ban which the Supreme Court struck down in Brickey.

There have been concerns raised about which rules will apply in facilities that house both graduate and undergraduate students. The simple answer is : the institutions all employ attorneys (some of whom are here today) who know how to draft a housing contract. Please note that the bill allows the institutions to regulate as well as to ban. If this is a real concern the institutions can choose to regulate by allowing all residents of a mixed undergraduate/ graduate housing building to have firearms in their apartments.

I do not know if Elton John realizes that he has become a cause célèbre in the Idaho legislature but the concern has been raised that this bill would affect the ability of colleges and universities to lease their facilities to promoters for concerts and other events where the promoter requires that firearms be banned. If we look at what happens in a couple of neighboring states I think this concern disappears. While the courts in Idaho have never addressed the issue of whether a lessee can impose restrictions more stringent than a state actor would be able to, the Oregon courts have. In Starrett v. City of Portland 196 Ore. App. 534; 102 P.3d 728; 2004 , the court held that a promoter who had leased a publicly owned venue could ban guns during the duration of their lease even though the public entity that owned the property would not be able to do the same thing under Oregon’s preemption law (which is similar to Idaho’s). Likewise, in Washington a state statute, RCW 9.41.300, prohibits cities from barring holders of Washington concealed weapons permits from municipally owned stadiums and auditoriums. Despite this statute, Elton John plays the Spokane Arena, a municipally owned facility, on April 8th, the night before he plays Taco Bell Arena here in Boise.

This bill is completely unnecessary. The colleges and universities, as I have pointed out above, do not have authority to ban firearms on their campuses as they purport to do. If they would stop infringing on the constitutional rights of faculty, staff, students, and the public and conform their policies to the existing law, there would be no need for this legislation. Instead they have chosen, in this time of straitened institutional finances, to require individuals and groups to engage in litigation, costly to both sides, in order to vindicate their rights.

Quote of the day—Joe Waldron

The Washington State Patrol is back-pedaling swiftly after firearms dealers, the gun owning public — and nearly three dozen state legislators, led by Rep. Matt Shea (R-4) — raised the alarm over the WSP letter to firearms dealers seeking broad information about the sale or acquisition of AR-15s (and clones) and AR-15 lower receivers a week ago. It seems there may be ONE RIFLE missing, possibly from the State Patrol inventory. Rather than work with the BATFE, who has jurisdiction over federal firearm licensees, they decided to keep it in-house — except for their clumsy outreach to more than 1,000 licensed Washington firearm dealers! The Patrol still seeks cooperation and information from dealers (legitimately so, in my opinion), but acknowledges it has no authority to ask for the records.

As I opined last week, it’s more a case of overzealousness on the part of the WSP’s investigative division and a lack of understanding of federal laws regulating firearm dealers and insensitivity to the privacy concerns of gun owners. No nefarious schemes to create an AR-15 registry in the Evergreen State — for now.

Joe Waldron
March 25, 2011
GOAL Post 2011-12
[This is in regard to the letter to all the gun dealers in the state of Washington that I told you about earlier.

I agree with Waldron. Sometimes people do stupid insensitive stuff without realizing it. Give the WSP a break this time but watch for signs they are unrepentant.—Joe]

The police lost the gun

As pointed out by Say Uncle (I also got an email from him) the letter that went out to all the gun dealers in Washington State earlier this month was because the Washington State Patrol lost a gun:

The state patrol won’t say how the gun disappeared — only that it was missing from the state patrol’s inventory in Tacoma last summer.

This is mostly reiteration of what nearly everyone else has said but poor handling on the part of the police is no reason for concern by anyone else. I’d use the letter for target practice.

Quote of the day—RB

Everyone needs moral support when they’re lying their faces off.

RB
March 22, 2011
Media Matters Pundit Boot Camp
[I think this explain why the anti-gun people, such as Joan Peterson, get so bent out of shape and whine about everyone being mean to them when we bring facts to the discussion. They need a lot of moral support in order to maintain their belief system.

I’m sure I got the link from some other blog but I can’t find it right now. Sorry for not giving credit where it’s due.—Joe]

Quote of the day—BL

LOL the wingnuts havent one soon they will kill eachother with all there guns adn then all the peaceful people of the world can live a peaceful life without the neanderthals.

BL
March 19, 2011
Comment to Quote of the day—Paul Helmke.
[The first few times I read this I had no clue what was being said. I suspected comment spam but there was no link to cheap prescription meds. I finally asked Barb, who was in bed with me at the time, “What is this supposed to mean?” She pointed out that “one” should be “won”. Oh! Now I get it.

I have a difficult time interpreting thing other than literally and I wasn’t able to make that translation on my own. Had it been “their” instead of “there” or “no” instead of “know” I would have been able to do it. I believe this was my first encounter with this particular homonym and since I didn’t attempt to read it out loud I was baffled.

Since BL is so much smarter than I am that I needed assistance in reading just a single sentence of this enlightened commenter I guess this proves them correct.—Joe]

University of Idaho students who support concealed carry on campus

Via Nick:

Wife Barbara, son James, and I all graduated from the U of I. Daughters Kim and Xenia are about 3/4 of the way through. Numerous other family members have attend (and are attending) and graduated here. When my brother and I attended we could have guns in the dorms. It’s time for the University to stop infringing upon the rights our children.

H222 (Campus Carry) Senate Hearing Friday

The following is via an email alert from the Idaho Sport Shooters Alliance. I have added the counties for the various district in red.

Shooters:
 
This Friday the 25th the Senate State Affairs Committee will hold a hearing on the campus carry bill. The anti-gun college administrators are pulling out all the stops to try to kill this bill. We need those of you who live in one of the districts below  ( whose Senator is on the state affairs committee )  to call your senator and let them know that you support the right of faculty, staff, students, and members of the public to defend themselves on college campuses and that violent predators do not respect gun-free zones.
 
You may also have heard that the Governor has not expressed support for this bill. Everyone: please contact his office ASAP and politely ask Governor Otter to support this bill.
 
Governor Butch Otter
(208) 334-2100
  
Senator Curt McKenzie (R-12), Chairman (A co-sponsor: Thank him for his support!) (part of Canyon County)
 
Senator Russell Fulcher (R-21), Vice Chairman (part of Ada County)
 
Senator Bart Davis (R-23) (Owyhee County)
 
Senator Brent Hill (R-34) (Fremont and Madison County)
 
Senator John McGee (R-10) (part of Canyon County)
 
Senator Patti Anne Lodge (R-13) (part of Canyon County)
 
Senator Chuck Winder (R-14) (part of Ada County)
 
Senator Michelle Stennett (D-25) (Blaine, Camas, Gooding, and Lincoln County)
 
Senator Edgar Malepeai (D-30) (part of Power County)

Today daughter Kim sent me images from the University of Idaho school newspaper. There were several editorials telling everyone how terrible this bill is. How it removes choices from the students and the administration. Choices they would and have made to make the campus safer. And how dangerous it will be if people with permits are allowed to carry firearms on campus.

“Choices”? What about the choices of the students that will be expelled if they choose to carry everyday self-defense tools which they carry off campus on a regular basis? Would they use the same argument if the bill were to allow mixed race couples on campus? Or allowing Jews and Muslims on campus? Or how about forbidding the university administration to expel students who obtained abortions? Would those be “choices” the administration should be allowed to make?

The right to keep and bear arms is a specific enumerated right protected by both the U.S. and Idaho State Constitutions. The University does not and should not have an exemption to infringe upon the Bill of Rights.

Quote of the day—Rabbi Dovid Bendory

Friends, as a Jew, I have a deeply ingrained distrust of any government that promises it will “protect me.” The history of the Twentieth Century teaches us that “gun control” registration schemes lead to political decisions to allow some populations to protect themselves while others are disarmed. Gun control is inexorably tied to malevolent citizen disarmament. See: “INNOCENTS BETRAYED“

Rabbi Dovid Bendory
Rabbinic Director
Jews for the Preservation of Firearms Ownership
JPFO Launches “High Cap Freedom”
[Via Musing of a Vast Right-Winger.

Innocents Betrayed has some very powerful content. But then so did the Twentieth Century. I just find it sad and frustrating that so much of the world insists on relearning those lessons.—Joe]

University of Idaho gun case

Via Nick in the comments.


There are some updates in the University of Idaho gun case here.


If you are in the Moscow area this Wednesday it would help if you could attend the hearing at 9:30 AM at the Latah County Courthouse.


In other news the defendants have filed a response to the plaintiffs motion for judgment and the plaintiff responded to it. Basically the defendants say, “The state is prohibited from banning guns but we can do what we want because we aren’t the state and besides that, you gave up any right to complain when you became a student and signed the lease which said no guns allowed.”


That defense goes over with me about as well if they were prohibiting mix-race marriages. It’s a good thing my blood pressure is naturally low because it spiked a few points when I read their response.

Quote of the day—Milton Friedman

Inflation is the one form of taxation that can be imposed without legislation.

Milton Friedman
[We are likely to get a lot of this in the near future.

But the main reason I was reminded of this was because of gun control without legislation being contemplated.

I wonder if there is a special name for that like “inflation” for taxation without legislation? Other than “unelectable” of course.—Joe]

He must be using a multiple firing word processor

Sometimes I would almost agree there should be common sense limits, including background checks and licensing, on the First Amendment. This is one the reasons:

For an American, that means the person working beside you or sitting beside you on the bus or at the bar or the stadium or the movies or in class, or in the same traffic jam ready to explode with road rage, could well be carrying one of those formidable multiple-firing Glocks, the kind Mr. Loughner wielded.

But this guy is from Canada where censorship is already part of the political landscape. Maybe they should implement mandatory training and testing on a topic by topic basis for all journalists. The number of distortions and amount of ignorance and bigotry this guy spews is truly impressive.

Tell us all your AR-15 purchasers

Via email from Ry:


WSP_AR-15Request


This is an interesting way to have your guns registered—the police just ask. What would the public response be if they were asking about Koran, “Heather Has Two Mommies”, or “Earth in the Balance” sales?


Update: Via Joe Waldron’s GOAL Post 2011-11:



Earlier this week most, if not all, firearms dealers in Washington received a letter from the Washington State Patrol asking for data on ALL AR-15s (and clones) and AR-15 lower receivers sold or purchased by the dealers over the past nine months. The information sought was reportedly requested pursuant to an investigation of a stolen AR-15.



Apparently the ATF (who has jurisdiction over tracing stolen firearms) was not consulted by the WSP before they initiated their query. It would appear the WSP request FAR EXCEEDED their authority to seek such information. It typically would take a subpoena to gain access to such a broad sweep of transaction records. And that would have to be signed by a judge, after presentation of sufficient probable cause.



It is my understanding most dealers politely declined to comply, as was their right. The Bellevue-based Second Amendment Foundation jumped right into this issue. Meanwhile, in addition to ATF asking questions (of the WSP), several state legislators want to know what’s going on.



BATFE has broad legal authority to examine firearm dealers’ records.


Local law enforcement has much more limited authority in cases like this. I suspect this was simple overreach by an over-zealous and perhaps inexperienced WSP detective. At least I hope that’s what it was. Eternal vigilance remains the price of liberty!

Quote of the day—Paul Helmke

We’ve lost the battle on what the Second Amendment means. Seventy-five percent of the public thinks it’s an individual right.

Paul Helmke
June 12, 2008
Brady Campaign President
Gun Control Group Braces for Court Loss
[And 100% of the U.S. Supreme Court thinks that as well.

Nice try guys. You came close.

In an alternate history with the Internet lagging just a little bit the bad guys would have won and the 21st Century could have been a dystopia.

Now we get to condemn them to the dustbin of history like the Berlin Wall, the U.S. Confederacy, and the KKK.—Joe]

Quote of the day—Sebastian

There’s no middle ground on this issue that will make our opponents surrender and give up. That’s why I’m interested in giving up as little as possible, and taking everything from them that I can. I’m not in this fight to keep people worried. I’m in this fight to win, and to make what my opponents advocate about as publicly acceptable as someone who thinks we ought to ban newspapers.

Sebastian
March 17, 2011
On Obama’s Bully Pulpit
[The most important point here is that we need to change society attitudes not just get the politicians to vote our way. If we change society the votes will be there and other good things will follow. Just having votes without a change in society means we will have the same fights over and over.

I generally use the phrase, “Make belonging to the Brady Campaign the social equivalent of a membership in the KKK.” But Sebastian’s choice of words is probably better than mine for most audiences.—Joe]

Quote of the day—Chuck Schumer

We’re not interested in curtailing the rights of gun owners…

Chuck Schumer
U.S. Senator from New York
March 16, 2011
Mayor Bloomberg scolds nation for not standing up to gun lobby
[I choked when I read that even though I wasn’t drinking anything.

To get a better idea of Schumer’s interest you need a little background. Here is a good example:

We’re here to tell the NRA their nightmare is true!. We’re going to hammer guns on the anvil of relentless legislative strategy! We’re going to beat guns into submission!

U.S. Rep. Charles Schumer
November 30, 1993
NBC Nightly News

I’m reminded of how you can tell when a politician is lying—his lips are moving.—Joe]

Quote of the day—Joshua Horwitz

Now that there is proven resolve to keep military-style weapons off of America’s streets, we hope Congress and the President will get behind a truly effective assault weapons ban – one that includes ‘copycat’ weapons just as deadly as those already banned.

Joshua Horwitz
March 2, 2004
Executive Director of the Coalition to Stop Gun Violence
CSGV Claims Victory in Defeating Gun Immunity Bill
[As is typical with anti-gun people, their claims are usually worthless. The “Gun Immunity Bill” later passed and the “assault weapon” ban expired a few months later.

Also I would like to point out that the AWB was created and passed on the basis of “menacing looks”. Then they turned around and wanted to ban guns that matched the “assault weapons” in terms of “deadliness”.

So anything with a menacing look should be banned. And then 10 years later anything that is the functional equivalent of something that looks menacing should be banned as well.

Does that mean Michelle Obama should be banned because she is the functional equivalent of Hillary Clinton 15 years ago?—Joe]

Quote of the day—Barack Obama

Now, like the majority of Americans, I believe that the Second Amendment guarantees an individual right to bear arms. And the courts have settled that as the law of the land. In this country, we have a strong tradition of gun ownership that’s handed from generation to generation. Hunting and shooting are part of our national heritage. And, in fact, my administration has not curtailed the rights of gun owners – it has expanded them, including allowing people to carry their guns in national parks and wildlife refuges.

The fact is, almost all gun owners in America are highly responsible. They’re our friends and neighbors. They buy their guns legally and use them safely, whether for hunting or target shooting, collection or protection. And that’s something that gun-safety advocates need to accept.

Barack Obama
March 13, 2011
We must seek agreement on gun reforms
[All the gun safety advocates that I know (most are NRA firearms safety instructors) do accept this. It’s the anti-gun activists that don’t accept it.

Other than that minor point I don’t have anything to disagree with in those two paragraphs. He could have suggested grief counseling for Brady Campaign and Violence Policy Center supporters but my read of the tone is that he wouldn’t have really meant it.—Joe]