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Due to some technical issues any email sent to joehuffman.org between 1:00 AM and 10:15 AM PST Saturday 2/6/2016 has been lost.
If you sent me something during that time frame please resend it.
Thank you.
Today’s post has been brought to you by Captain Obvious needs content.
Caleb
February 3, 2016
Training doesn’t always equal skill
[I have nothing to add.—Joe]
We reject the State’s argument that the Second Amendment does not apply to detachable magazines because magazines are not firearms—that is, detachable magazines do not constitute “bearable” arms that are expressly protected by the Second Amendment. See U.S. Const. amend. II. By Maryland’s logic, the government can circumvent Heller, which established that the State cannot ban handguns kept in the home for self-defense, simply by prohibiting possession of individual components of a handgun, such as the firing pin. But of course, without the ability to actually fire a gun, citizens cannot effectively exercise the right to bear arms. See Jackson v. City of San Francisco, 746 F.3d 953, 967 (9th Cir. 2014) (“The Second Amendment protects ‘arms,’ ‘weapons,’ and ‘firearms’; it does not explicitly protect ammunition. Nevertheless, without bullets, the right to bear arms would be meaningless.”). In our view, “the right to possess firearms for protection implies a corresponding right” to possess component parts necessary to make the firearms operable.
United States Court of Appeals for the Fourth Circuit
February 4, 2016
No. 14-1945; STEPHEN V. KOLBE et al. v. State of Maryland
[It’s nice to find a court that agrees with us and is making clear what we gun rights activists all know to be true and essential.
This answers the ignorant high school kid I quoted yesterday.—Joe]
I received a call today from someone who works for a major ammunition manufacturer. They required anonymity but want the following information to get out to the public.
NSSF is also involved in the fight but doesn’t want to speak out about it either.
It turns out my blog post about OSHA considering a requirement of “no guns at work” policy got their attention.
They referred me to this letter from OSHA as background and proceeded to tell me:
For about two years we’ve been BITTERLY fighting, and ultimately losing, a battle with OSHA over warning labels on ammunition.
They have repeatedly asked something to the effect, “Are you doing this due to pressure from above?” They haven’t been able to get an answer. Everything just seems a little odd about it. My blog post dialed the paranoia up another notch.
It’s a little obscure so you may not be aware that the Consumer Product Safety Commission (CPSC) is prohibited, by law, from regulating firearms and ammunition. This means that, by law, ammunition is not considered a “consumer product”. And some other agencies don’t have authority to regulate them for other reasons.
Ammunition manufacturers have long recognized they could be a target of repressive regulation if the government were given a plausible excuse and hence have been very careful to “police their own”. With no major events attributable to poor quality, indifference to safety, or newsworthy events attributable to ammunition they have managed to avoid undue attention for many decades. The only thing I can recall in my lifetime that put them at serious risk was the big fuss about Black Talon ammo back in the mid-90s. Winchester nipped that in the bud by taking it off the market faster than the tyrants in congress could pass a bill to ban it.
So for decades the ammunition manufacturers have been avoiding undue scrutiny and everyone has been getting along pretty well. Then a couple years ago OSHA approached them and said, in essence, “You need to put warnings on all your products because indoor range employees are at risk from exposure to lead.”
What?
Sure, some indoor ranges have had severe problems with air quality. And some employees and customers have been exposed to too much lead. So one shouldn’t have a problem understanding how OSHA could find a way to poke their nose into the business of indoor ranges. They have never had oversight over ammunition before so how do they imagine they have authority to regulate it now? Well, from reading the letter OSHA sent to SAAMI lawyers ammunition it appears their claim is that ammunition is a “chemical container”. And hence manufacturers much comply with all the nuances of proper labeling of chemicals in their use at the place of business. They can sort of explain this away because ammunition is not, legally, a “consumer product”.
Okay. Fine. Using the proper weasel words the power hungry regulators think they have an angle to harass the ammunition manufacturers. Why not just comply with the labeling requirements and get them off their backs? They are. But it’s not all that easy.
It turns out this is non-trivial for a number of reasons. One reason is that some of the larger manufacturers have many thousands of different packaging configurations. It can cost over a million dollars to change the packaging on everything. Another reason is that the labeling requirements are such that it can’t fit on some of the current packages. A fifty round box of .22 LR ammo is just too small to have the required warnings and still be readable. Another reason it’s a problem is that the environment where the ammo is used varies so much. The same ammo that is perfectly safe for the shooter in a hunting environment can be toxic at an indoor range with inadequate ventilation due to plugged air filters. There are just so many things out of the ammo manufacturers control that the valid safety issues need to be addressed at the location where it is being used.
There are a couple of things that are kind of strange about this whole thing. One is that this person talked to several importers at SHOT show this year. None of them had been contacted by OSHA. Also, there have not been any sanctions or direct threats of sanctions over this. OSHA is providing guidelines and “suggestions” but doesn’t actually claim they have the authority to tell them what to do.
They suspect this may be due to politics rather than a semi-legitimate concern of regulators for the health of range employees. But, they don’t have any hard evidence to support that hypothesis. Do you?
The 4th Circuit Court ruled on an assault weapon ban in Maryland. They said, in part:
Strict scrutiny, then, is the appropriate level of scrutiny to apply to the ban of semi- automatic rifles and magazines holding more than 10 rounds.
…..
“In our view, Maryland law implicates the core protection of the Second Amendment—“the right of law-abiding responsible citizens to use arms in defense of hearth and home,” District of Columbia v. Heller, 554 U.S. 570, 635 (2008), and we are compelled by Heller and McDonald v. City of Chicago, 561 U.S. 742 (2010), as well as our own precedent in the wake of these decisions, to conclude that the burden is substantial and strict scrutiny is the applicable standard of review for Plaintiffs’ Second Amendment claim. Thus, the panel vacates the district court’s denial of Plaintiffs’ Second Amendment claims and remands for the district court to apply strict scrutiny.“
It was a 2-1 majority. To put it technically, “Suck on that one, anti-rights cultists!”
Ahem. That is to say, “I’d count that as a potentially important win.”
We have an admitted socialist running for president and making a “good” (for certain definitions of “good”) showing. People don’t really seem to get what socialism means. Recently I had a college student tell me that, “A little socialism is good.” Rather than hammer them into the ground and destroy a friendship I mildly disagreed with their claim and changed the subject.
Unless you are of the opinion that we need to destroy our country before we can save it we need to destroy the idea that socialism in any form is “good”. Socialism and communism have been attempted and failed more times than any other political system. While many of the failures have only resulted in general malaise, economic stagnation, and lower standard of living the most extraordinary political failures in history occurred under socialist systems. National Socialism of Germany, the Union of Soviet Socialist Republics, and the Peoples Republic of China being the most well know of those with their approximately 100 million dead.
I’ve talked to people that have lived under socialism. They know better than the naïve people in this country who have lived all their lives in a somewhat free market economy. I’m not the only one who has talked to the survivors of these regimes. One of my children’s high school teachers, Don Kaag, posted this on Facebook a couple days ago:
My old VW mechanic Dieter in Pullman, WA, is in
his 80’s, retired now, and has turned his shop over to his son Georg. In the late 1950’s, Dieter, as a young East German, “came over the wire”. He escaped from the German Democratic Republic’s “Socialist Paradise” with nothing but the clothes on his back and some mechanical skills he could use to earn a living in the West.He worked as a car mechanic in West Germany, in Scandinavia, and then immigrated to South Africa, where he met his wife, and where they started their family. Finally he relocated to Canada and then at last to the U.S., earning his way with his talented mechanic’s hands and his brain.
He hates what Socialism did to his homeland.
I was stationed in southern Germany—in Bavaria—in the early to mid-80’s, an Armor officer and tank company commander guarding the inter-German border against a possible invasion by the USSR…and for those of you who were not there and privy to the secret briefings, you have no idea what a very near thing it was. Our tanks had their war-load of ammo on-board 24/7/365.
The border was a sobering sight. Twenty-foot-high barbed wire fence on concrete posts topped with concertina wire. On the fence, pointed back into East Germany, were command-detonated claymore mines. Past that, 100 yards of ground was defoliated, plowed and planted with pressure-sensitive anti-personnel mines. Then further into the GDR there was yet another barbed wire fence with a gravel patrol road behind it, and with hexagonal concrete guard towers every quarter-mile. They had powerful searchlights mounted on them, and machine guns, both pointed into “no-man’s land”.
There’s a point to all of this, I promise. All of this was built TO KEEP EAST GERMANS IN, not to keep West Germans and Americans out.
My friend Dieter was one of the lucky ones—thousands of East Germans died on that wire, or lost their lives to the minefields or machine guns, or to the killer guard dogs trained to attack would-be escapees—Dieter made it, he got out.
Dieter and I have seen the ugly face of “true Socialism” firsthand. He suffered under it and risked his life to escape from it, I only watched it slowly destroy a people through my binoculars and tank sights.
When the Wall in Berlin came down in November 1989 such was their hate for that wall that Germans from both sides attacked the ugly barrier by hand with sledge hammers and picks.
The moral to this little tale of obscure Cold War history is this: America, be very, very careful about electing an avowed Socialist as President of the United States.
Bernie Sanders seems a harmless old duffer, and he promises free goodies for everyone, but in the final analysis he represents those who still think, despite all historical evidence to the contrary, that Socialism is the “wave of the future”. (Look at the U.K. before Lady Thatcher, or at Cuba and Venezuela right now… “Iron Maggie” once said, “Socialism works great until you run out of other people’s money.”)
Socialism and communism needs to be swept into the dustbin of history and given as much respect as witch burning—which it closely resembles.
If you have a single gun and over 50 bullets, you could be a public danger.
…
The amount of ammunition you would need to keep your home safe from potential thieves and those who would cause you harm wouldn’t be even close to 100 rounds of anything. A single clip is more than enough to be threatening and protective if worse comes to worse.
Murray Rosenbaum
A eighteen-year-old senior at Columbia Prep in NYC
February 3, 2016
Bullet, Not Gun Control
[Children say the cutest things!
But children with crap for brains like this shouldn’t be allowed to vote.
Murray, let me help with your education.
A typical pistol match requires a 100 to 150 rounds.
Last month reloaded, for my own use, just under 2000 rounds. Last year it was 9531 rounds. Later this month I’m taking a class which requires, “2000 rounds of brass-cased FMJ ammunition (minimum)”.
When I took a friend to the range last weekend for a couple hours to teach her how to defend herself she went through about 200 rounds and her education and practice is far from complete. After I get her to a basic competency and comfort level she will probably take this class which requires, “600 rounds of brass-cased, FMJ ammunition (minimum)”. I expect getting her to that level will require another 500 rounds of ammunition.
Murray, you say,
the trick is making bullets more expensive…
I have no doubt there are plenty of other people who would claim that I’m endorsing the destruction of the second amendment. They can say that all they want, but in the end the Constitution says “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” but it doesn’t say anything about bullets.
Okay. Then using that same argument I have to conclude you would be unable to find a constitutional problem with a heavy tax on books. The First Amendment says freedom of the press, but doesn’t say anything about you being able to read it. Right?
When practicing I sometimes go through ammunition at the rate of up to five rounds per second. I figure that is about half the speed you can read words. So I propose we tax your use of reading of words at double whatever tax you want to impose on bullets. The number you used as an example in your post figured out to $75 per bullet. So, doing the arithmetic for you just in case your ignorance extends to the area of numbers as well as firearms and constitutional law, that would be a tax of $150 per word.
If you want to inflict a crushing tax on my education and those of others exercising their specific, enumerated, constitutionally protected, rights then you can say all you want, but in the end the constitution doesn’t protect you any more or less than it does me.*
* If you want to claim “books don’t kill people” ask your history instructor about Mein Kampf, The Communist Manifesto, and Chairman Mao’s Little Red Book. Then reevaluate your claim before you engage me on that issue.—Joe]
I’d like to think this is another data point for the validation of Dr. Joe’s Cure for Everything but I worry it is more about correlation than causation:
A healthy sex life in old age may help keep the brain healthy as well, though this connection may not work the same way for both sexes, a U.K. study suggests.
After adjusting for other factors that might explain the link between brain function and sexual habits – age, relationship status, living arrangements, education, wealth, exercise routines, depression, loneliness and quality of life – older men’s sexual activity levels were still tied to how well they did on both word-recall and number sequencing tests, the study found.
But in women, only word recall was associated with sex.
Via Steve from work.
95 percent 3D-printed (Glock barrel and probably a few springs):
Even with the Glock barrel the gun is completely “off the books”.
Another day another hole in the gun control argument.
Presidential involvement in small arms has been strategic and game-changing in our history. Obama comes along and tells the Army that, in this administration, money is going into small arms to build — not a deadly weapon, not an effective weapon, not a dominant weapon, not a lifesaving weapon, not a technological cutting-edge weapon — but a weapon that prevents accidental discharge. Give me a break.
Maj. Gen. Robert Scales
Former commandant of the U.S. Army War College
January 31, 2016
Obama’s eye-opening order to Pentagon: Make combat weapons safer, not more lethal
[He is doing just what he said he would do. He is fundamentally transforming our country.—Joe]
NSA tiger teams follow a six-stage process when attempting to crack a target, he explained. These are reconnaissance, initial exploitation, establish persistence, install tools, move laterally, and then collect, exfiltrate and exploit the data.
During the reconnaissance phase agents examine a network electronically and, in some cases, physically. They work out who the key personnel are, what email accounts matter, how far the network extends, and maintain constant surveillance until they can find a way in.
Iain Thomson
January 28, 2016
NSA’s top hacking boss explains how to protect your network from his attack squads
[Via Bruce Schneier. See also NSA Hacker Chief Explains How to Keep Him Out of Your System.
Most of this process applies to physical as well as information security. Use this information wisely.—Joe]
From the comments here:
Joe, I would not normally solicit help from strangers but this is an extraordinary and dire circumstance. I am a fellow blogger and would like to ask if you would pass a link on for me. If you poke around my site you will see that I am a real person with a real family. I don’t have facebook or anything and any posting of the link or her gofundme page would be greatly appreciated. Thank you,Jim https://eatgrueldog.wordpress.com/2016/01/27/funding-for-shaylyn-2/
The direct links are:
https://www.paypal.me/FundsforShay
Update: Here is a go fund me link if paypal doesn’t work: http://gofundme.com/p5kymvxe
I donated a minute ago.
@SnowdenEd @Duck_Hunter7 @orangeblood307 @JoeHuffman Somebody is talking about penises so it must be a gun conversation with anti gun folks.
Paige @Trunthepaige
Tweeted on January 20, 2016
[In a break from the usual Markley’s Law Monday I’m presenting a slightly different view of the theme today.—Joe]
As I reported earlier this month I needed to load up a bunch of ammo for the InSights Intensive Handgun Skills class February 20-22. I now have all the ammo I need for that and now I need to start getting a little ahead of the game on practice and match ammo. Plus I need to reload a few hundred rounds of low recoil self-defense and practice ammo in .40 S&W for my student.
In the last month I reloaded just under 2200 rounds of .40 S&W. This gives me the following lifetime totals:
223.log: 2027 rounds.
3006.log: 467 rounds.
300WIN.log: 1351 rounds.
40SW.log: 43550 rounds.
9MM.log: 21695 rounds.
Total: 69090 rounds.
I expect by the first of March I will have reloaded over 70K rounds.
Remember the student shooter who was having trouble handling the .40 S&W her husband bought her for self defense at home? Remember the light loads I was working on so she could handle the recoil better?
Yesterday she and her husband went to the range with Barb and I. She shot a Ruger SR22* with a suppressor and did great. She shot it without the suppressor and did great. She really liked the Ruger Mark II. And she shot my gun I have had all the problems (also here) with. With about 100 rounds through it yesterday there was only one failure to feed.
Her husband tried the .40 S&W with the two different light loads. The 148 PF (in my gun, probably less in theirs) worked fine. The first round of the 131 PF loads failed to cycle but worked okay after that.
She wanted to shoot the .40 S&W. I had her shoot my gun with the lightest loads. She did fine. No nausea. And her hits stayed on target although they weren’t quit as accurate as when she shot .22s. She tried her gun with the 131 PF loads. She had nothing but failures to extract even when I had her hold the gun more rigid. Moving up to the 148 PF loads fixed the problem although the ejected shell casing just barely popped out of the ejection port. She handled it fine. And I had her shooting at silhouette targets and around corners all without difficulty before our range time was up:
I sent them home with 100 rounds of the 148 PF practice ammo. And now I’m going to load up some of the self-defense Gold Dot Short Barrel bullets in a similar load for them.
Barb handled the 131 PF loads in my gun just fine too. I might load up a few for her self-defense needs as well.
* The SR22 wouldn’t cycle when using CCI Quiet-22 ammo. But it worked great with Standard Velocity. But wow, was it ever quiet.
We should be using email encryption even for sharing our chocolate chip cookie recipes.
Claire Wolfe
January 30, 2016
Weekend links
[I enthusiastically agree because of this:
Given that the NSA has taps on almost all of the internet’s major trunk routes, the PGP records can be incredibly useful. It’s a simple matter to build a script that can identify one PGP user and then track all their contacts to build a journal of their activities.
Even better is the Mujahedeen Secrets encryption system, which was released by the Global Islamic Media Front to allow Al Qaeda supporters to communicate in private. Weaver said that not only was it even harder to use than PGP, but it was a boon for metadata – since almost anyone using it identified themselves as a potential terrorist.
“It’s brilliant!” enthused Weaver. “Whoever it was at the NSA or GCHQ who invented it give them a big Christmas bonus.”
Given all the tools available to the intelligence agencies there’s really no need for an encryption backdoor, he explained. With the NSA’s toolkit of zero-day exploits, and old-day exploits, it’s much easier to root a target’s computer after identifying them from metadata traffic.
The problem is that encryption is a hassle. Until the hassle factor is significantly reduced it’s not going to happen.—Joe]
I don’t like this:
Proponents of President Barack Obama’s executive orders in the area of gun control point to OSHA’s General Duty Clause as a possible basis for a national “no guns at work” policy.
The General Duty Clause requires employers to maintain a safe workplace, including the implementation of policies that may be necessary to further that goal. Proponents argue that this significant increase in workplace violence coupled with the expansion of concealed carry laws would be the basis for this regulatory change. Moreover, because a General Duty Clause already exists within the OSHA statute, there would not be a need for congressional approval.
This would be another chilling effect on our rights. I frequently go to the range at lunch time or after work. And I know a lot of other people go hunting before or after work. And OSHA creating a regulation such as this would have to make exceptions for a many of places of employment. Police stations, security firms, gun manufactures, gun ranges, gun stores, any place which hires armed guards, etc.
I can see it being a valid concern for guns to be prohibited in some places of business (I’m thinking of oil refineries and other places where “high energy events” could be triggered). But it should be up to the business to decide if they have an overriding set of circumstance where firearms are just too high of risk to allow.
This could be our next fight for our right to keep and bear arms.
Attractive, open-minded women are secretly gathering to explore their sexual curiosities…with each other. It’s the epitome of the male fantasy but—sorry fellas—this club is strictly ladies only.
Billing itself as, “An underground community for girls who play with girls,” Skirt Club is quickly catching on. What began as one woman’s passion project to embrace sexual fluidity in the UK has expanded to Sydney, Australia, and Miami, Florida, in two short years.
Now, the club has come to New York City.
I wonder if I could attend as a member of the media or a researcher…
The forces acting upon the gun industry are Armageddon, for which we are all tooling up, and our Peerless Leader, who has sold more firearms than even Bubba Clinton, and The Horror That Is Hillary, who is lurking in our future like the Wicked Witch of the West.
David E. Petzal
January 25, 2016
SHOT Show 2016, Part I
[Via Caleb who has a much different, but entirely valid, angle on Petzal’s post.
As others have observed, if Obama and his friends want to reduce the number of guns being sold in this country they should resign from politics.—Joe]
I just realized that Boomershoot 2016 will be at the same time as Earth Day 2016. Which, of course reminds me of something Michael Justice said while participating in Boomershoot 1999, “Celebrate Earth Day by blowing up a small part of it”. You too can participate, sign up here.
And while we are thinking about Earth Day here are some wonderful predictions made on Earth Day 1970:
“Civilization will end within 15 or 30 years unless immediate action is taken against problems facing mankind.”
• George Wald, Harvard Biologist“Population will inevitably and completely outstrip whatever small increases in food supplies we make. The death rate will increase until at least 100-200 million people per year will be starving to death during the next ten years.”
• Paul Ehrlich, Stanford University biologist“By…[1975] some experts feel that food shortages will have escalated the present level of world hunger and starvation into famines of unbelievable proportions. Other experts, more optimistic, think the ultimate food-population collision will not occur until the decade of the 1980s.”
• Paul Ehrlich, Stanford University biologist“It is already too late to avoid mass starvation.”
• Denis Hayes, chief organizer for Earth Day“Demographers agree almost unanimously on the following grim timetable: by 1975 widespread famines will begin in India; these will spread by 1990 to include all of India, Pakistan, China and the Near East, Africa. By the year 2000, or conceivably sooner, South and Central America will exist under famine conditions….By the year 2000, thirty years from now, the entire world, with the exception of Western Europe, North America, and Australia, will be in famine.”
• Peter Gunter, professor, North Texas State University“Scientists have solid experimental and theoretical evidence to support…the following predictions: In a decade, urban dwellers will have to wear gas masks to survive air pollution…by 1985 air pollution will have reduced the amount of sunlight reaching earth by one half….”
• Life Magazine, January 1970“Dr. S. Dillon Ripley, secretary of the Smithsonian Institute, believes that in 25 years, somewhere between 75 and 80 percent of all the species of living animals will be extinct.”
• Sen. Gaylord Nelson“The world has been chilling sharply for about twenty years. If present trends continue, the world will be about four degrees colder for the global mean temperature in 1990, but eleven degrees colder in the year 2000. This is about twice what it would take to put us into an ice age.”
• Kenneth Watt, Ecologist
I have a prediction of my own about Earth Day 2016. The people who attend Boomershoot and blow up a small part of the earth in Idaho with us will have a great time.