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Kansas Passes Constitutional Carry

If you live in, near, or have some relationship to Kansas, be sure to contact Governor Brownback to ensure we get a signature here. Remember, Bloomberg tried pretty hard to stop Constitutional Carry in Kansas, and it would be an awful shame to get this far and fail because the Governor didn’t hear from enough of us. If a signature is forthcoming, Kansas will join Vermont, Alaska, Arizona, Wyoming, and Arkansas to become the sixth state to pass Constitutional Carry.

This is continuing to progress. Maybe not quite as fast as shall-issue licensed carry, but it is continuing.

Progressive Racists Don’t Count?

Students at UT Austin are angry that their campus has a statue of a racist on campus:

AUSTIN (KXAN) — Statues of George Washington, Martin Luther King Jr. and Woodrow Wilson, can all be found on the UT Austin Campus. But another historical figure among them, has some students angry.

Wait, another figure? You were talking about Wilson right? God help us that these ignorant and poorly educated kids will be running the country when I’m old.

“Jefferson Davis stood for some things that are pretty abominable today; Slavery, racism.” Rotnofsky believes. “They’re just not in line with the university’s core values.”

 

Without diving into the debate over Jeff Davis, if you’re going to tear down the statue of Davis, because he was a racist, you’re going to have to take the one down of ol’ Woody too, because in addition to being a good old fashioned racist and segregationist, unlike Jeff Davis, Wilson also bought into the eugenics movement, all the rage among progressives, that would later go on to form the basis for Nazi race theory.

But it’s OK for us to honor racists, as long as they were sufficiently progressive, right?

On Ted Cruz Running

As someone who watched most (really, it was too long) of Cruz’s speed at Liberty U, I have to agree with Charles W. Cooke about Cruz:

And yet, I hated every single moment of the address. Why? Well, because for all his obvious talent Cruz’s rhetorical style frankly makes my hair curl a little. Striking a pose that lands somewhere between the oleaginousness of a Joel Osteen and the self-assuredness of a midwestern vacuum-cleaner salesman, Cruz delivers his speeches as might a mass-market motivational speaker in an Atlantic City Convention Center.

Opening your campaign at Liberty U doesn’t signal to me. Well, it does, but not the benefit of Ted Cruz. I’m still leaning Walker. Tactically, I think Cruz was smart coming out early. He’ll consolidate a lot of support around him that might otherwise go to Huckabee, Santorum, or some of the other culture warriors who may enter the race.

It’s probably important for Walker to win the Iowa Caucuses. That’s probably why he’ll pander. Iowa is a neighboring mid-western state, and a loss there will signal Walker can’t find traction even among his own people. Rand might give Walker a run for his money in New Hampshire and Colorado, and non-southern politicians typically don’t do well in southern primaries, so South Carolina isn’t a sure thing either.

Still, we’re a year away from the start of the silly season, and Putin could get a lot more frisky, the middle east could be an even bigger mess, the economy could tank again, and all that could change the dynamic of the race.

NAGR Opposing National Reciprocity

See NAGR’s release here.

I was previously wary of National Reciprocity supported solely on the herpes theory of the commerce clause, so I don’t outright scoff at people’s concerns with federal involvement in this area. But with the advent of Heller and McDonald rulings, Congress now has another, more constitutional avenue to legislature in this area, namely Section 5 of the 14th Amendment, which grants Congress the power to enforce its provisions that guarantee rights. This has been used to promote civil rights in many contexts in the post-Civil-War period. National Reciprocity is really a quite appropriate exercise of this power, given that the Heller decision assumed a right to carry a firearm, and the Court applied it to the states in McDonald. In fact, I’ll go farther and argue that Congressional action is likely the only way we’re going to restore the Second Amendment to the few remaining states which disrespect it. So let me take on some of NAGR’s arguments.

NAGR argues that the Second Amendment is the only license you should need. No one steeped in this debate disagrees that there should be no licensing requirement for exercising your Second Amendment rights. But Congressional action here doesn’t necessarily legitimize licensing. Previous Supreme Court rulings make Congressional action on unsettled issues like licensing problematic. Even with National Reciprocity, the other side will certainly argue City of Boerne v. Flores, which circumscribed Congressional power under the 14th Amendment. Congress attacking licensing might spark a turf war with the courts, such as happened in the City of Boerne case. We want to be cautious about reaching too far without more guidance from the Court.

NAGR argues that this bill is a trojan horse that will pave the way for federal control of licensing and carry. That is false. This bill gives no federal agency any regulatory control. It will be a law passed by Congress and enforced by the federal courts against the states. Could Congress pass such regulatory control in the future? Sure. But they can do that whether we pass National Reciprocity or not. Groups like NAGR act like anti-gun folks never thought of passing federal gun control before we gave them the idea. Nonsense!

NAGR uses Obama’s lawlessness as a reason not to do this. But this bill offers Obama no regulatory power to abuse. Could he just mandate something anyway? Sure, but again, he could do that right now. It will come down to what the federal courts let him get away with. That’s true with or without federal reciprocity.

NAGR calls this the “National CCW Registration Act,” despite the fact that there is no registration component to the bill. Nothing changes in regards to federal involvement in carry permitting, and nothing could change. All the law does is demand that states recognize each other’s licenses to carry. No more, no less.

NAGR is simply wrong on this issue, very badly wrong. Some Senators and Congressmen may use Dudley Brown’s opposition as cover to avoid taking a hard vote on this.  I’ve made no secret that I don’t like Brown or his organization, but even I honestly don’t know what’s he’s even thinking here.

I don’t think we ought to stop with National Reciprocity either. Lately I’ve liked Glenn Reynolds idea of mandating that, for someone not prohibited by federal law from possessing a firearm, they can’t be sentenced to more than a petty offense, with a fine not to exceed $500 dollars, for any firearm violation not involving the commission of another serious, violent crime. It would be a good next step, and hopefully compatible with City of Boerne. At the least, it represents the kind of remedy we can probably only get from Congressional action under the 14th Amendment.

I would ignore NAGR’s plea to oppose this law, and make sure your friends know it too. NAGR has built up quite a Facebook presence, so Dudley could do serious damage in trying to move this or any other federal civil rights bills forward if more sensible people don’t help educate.

News Links for Tuesday 03-24-2015

News today has been pretty scarce, but I think I might have enough for a news link post:

Following up on progress in the states, the Florida Senate just passed a bill that allows people to carry a firearm without a license during a mandatory evacuation. It still needs a House vote, but it’s at least on the floor. Arizona is having a hearing for a bill, previously vetoed by Jan Brewer, that would allow carry in public venues like stadiums. I had not mentioned these bills in the previous post. Like I said, too many pro-gun bills to track! Good problem to have.

Moms Demand Action’s war on women: Against allowing expedited permit processing for women under active threat from a stalker or in an abusive relationship.

Boomberg has been smearing Scott Walker by pointing out he once supported a gun control bill. You know things are bad for the other side when they try to cause problems for politicians for supporting their bills!

Good guy with a gun saves lives in a Philadelphia barber shop.

New Jersey claims yet another innocent victim with their gun laws. This keeps happening because New Jersey’s gun laws entrap innocent people by design. It’s a way of rigging the law so easy and routine mistakes are felonies, and they can still look down on you smugly for thinking they are after your guns.

NRA’s Great American Outdoor Show generated $73 million for PA’s Harrisburg-Hershey region. How much money did CeaseFire PA’s Everytown Gunsense Show generate? Oh wait….

CSGV will soon deliver their petition to Fox’s Washington affiliate, WTTG, to have Emily Miller fired. Oppose them, and they’ll ruin your life. But remember, they’re all about peace and love.

Fresh off their defeat on ammunition, the Administration is now trying to make it harder for people to travel internationally with firearms.

Sued: Lower Merion Township gets sued for their illegal gun ordinances by FOAC and Josh Prince. We gave them a chance to comply with the law, and they gave us the finger. Now they can cut us a check for our trouble and have their ordinances struck by a judge.

Seen Around the Internets: Handheld Flamethrower

Legal in 48 states, but this is bound to cause some hysteria:

I wonder how good it would be at clearing the driveway of snow.

Election Problems Headed into 2016

This bit from Jim Geraghty might shed some light on why so many Republicans are reluctant to alienate hispanic voters:

There are, in some circles, this insistence that “if we Republicans want to win again, we just need to do what Ronald Reagan did” as if 30 years hadn’t passed since Reagan’s last electoral victory. (If you plug Reagan’s winning percentages among various demographics into the 2012 electorate, Reagan loses.)

It might also explain why they want to run Jeb, as his brother managed to peel off a good big of the Hispanic vote from the Dems. Personally, rather than the mindless pandering the establishment GOP seems to like, I think the solution is “libertarian populism,” as it’s being called; basically railing against crony capitalism going after big corporations that buy favors and protection from government reduce competition in the marketplace. You can read more about that in Glenn Reynolds latest USA Today column.

What’s Going on in the States?

In truth, there are so many bills running, I can’t keep track of them all. In Vermont, it looks like a bill is running, S.141 to replace the failed private transfer ban. This looks like a straight up NICS Improvement Amendment Act compliance, but NRA is still saying “S.141 remains a solution in search of a problem,” and asking people to call their State Senators to urge them to vote against it. It would be bad for Bloomberg to be able to declare victory in Vermont. Also in trouble is Oregon, which is looking to pass a transfer ban as well.

Constitutional Carry was doing very well in West Virginia, until it met Governor Tomblin’s veto pen, a bold move in a state that keeps getting redder. Constitutional Carry is still alive in Kansas, and is headed for a floor vote in the House. It has already passed the Senate there. It’s also looking like it might not be so dead in Idaho, as they are looking to pass Montana Carry (no permit required outside of cities). Utah’s Senate passed Constitutional Carry, but it faces an uphill battle in the House, and the Governor has vetoed it before. Tennessee tried to pass permitless open carry, but failed. Tomorrow, there will be a hearing for Constitutional Carry in New Hampshire.

Nebraska has a preemption bill in the works.

Missouri is running three pro-gun bills.

Arkansas is repealing its prohibition on green card holders from obtaining licenses to carry, and also passing a “shall sign” measure.

In Virginia, Governor McAuliffe signed two pro-gun bills into law, but still has another six sitting on his desk.

Iowa is trying to repeal their handgun purchase permit requirement, prompting Mom’s Demand to try one of their lame stroller jams. It didn’t work. The House passed the bill.

Bloomberg has launched a campaign to stop constitutional carry’s momentum, which is evident from all the opposition pieces in the media using their poll showing people don’t want it. If you read how the poll was asked, there is probably a lot of confusion about whether support for the permit system is a pro or anti-gun position. I would argue their poll results are useless for supporting their position.

Campus carry is doing pretty well in Florida and Texas. Marion Hammer, NRA’s lobbyist for Florida, is arguing the opposition is using taxpayer money.

And this is hardly a comprehensive list. Overall, we’re doing pretty well, though we do risk going backwards in Oregon. There are a lot of blue states that are unfortunately probably lost causes over the long term.

Chicken Little on National Reciprocity

The Pittsburgh Post-Gazette’s editorial board doesn’t like Act 192 very much, or National Reciprocity. The media has been chicken little on this issue since the 1980s, and it’s always been a big nothing burger once it passes and blood fails to run in the streets. I also very much enjoy this meme promulgated by ignorant journalists:

The bill would hold hostage states with stronger gun laws (Pennsylvania, for instance) to those with weaker ones (such as Florida).

What? Despite our opponents best efforts to lie this meme into existence basic research, even ten minutes on Google, would have shown this to be complete nonsense peddled by groups who aren’t afraid to lie to make their case.

All it took to get my PA License to Carry was to go down to the local County Office, fill out a form, get my photo taken, pay $26 dollars, and one week later the license came in the mail after clearing the PICS check. That’s it.

To get a Florida license, I first had to get a training certificate. That wasn’t free. I think the one day course cost about 150 dollars. Next, I had to go down to my local police station and get fingerprinted. They charge ten dollars to do that. I had to get passport photos, so another $15 or so dollars. I had to fill out a form that was much more involved than the one Pennsylvania requires. I had to write out a check for 112 dollars, and send the application packet in. I had it sent back, because they require the LEO contact information to be on the fingerprint card, and I had forgotten that. Then I had to wait while they ran the FBI check. The license came in about 4 weeks.

No one who has ever had to use both systems would argue that Florida has the weaker system.

I’d also point out that no one on the editorial board even bothered to look up that Pennsylvania and Florida already have reciprocity, and that the bill currently in Congress would not allow a state resident to carry in her-or-her own state solely on an out-of-state license. So with regards to their objection about Florida, the bill in Congress would change absolutely nothing.

News Links for Friday 03-20-2015

It’s tab clearing time again, folks:

Clayton Cramer will be the featured speaker at the Firearms Policy Coalition 03/29/2015 in Sacramento.

NRA is opposing the confirmation of Loretta Lynch for Attorney General. It’ll be interesting to see who bucks NRA on this vote.

Rape survivor challenging Mom’s Demand Action.

Another case of CSGV being classy. Personally, I think it’s a tacit admission that their side is more motivated to action by cultural condescension and hate than they are by reducing gun violence. Where’s the fun if you can’t hate on people you think are beneath you?

There was a protest held in Bala Cynwyd Park to protest Lower Merion Township’s illegal ordinances regulating firearms. Lower Merion Township is being intransigent about repealing their ordinance, claiming it’s in line with state law and therefore legal. This is nonsense. More from the Inquirer.

An explosion in college shooting teams, including one at MIT. This is the work of the evil gun lobby!

Lawsuits challenging the NFA or 922(o) (the Hughes Amendment), at this point in time, are very poorly considered. At this point all you’re going to do is make bad precedent.

Many conservatives are blowing it on Ferguson, according to Red State. Red State is usually a bit too SoCo for my tastes, but they are absolutely right in pointing this out. Conservatives have to start taking police abuses seriously if they want to have any prayer of splitting black voters away from the Democrats. It’s also the right thing to do.

Caleb looks at why Bullseye is still the most popular pistol shooting sport.

NRA is going after two more illegal ordinances in the City of Lancaster.

The Washington Post is being even more ridiculous than usual.

Gun control groups distance themselves from the M855 ban. The stench of failure here belongs entire to the Obama Administration.

Remember, we need to have a national discussion on gun violence, but at no point should that discussion ever include someone who might disagree with gun control groups.

Massad Ayoob dives into the shark infested waters of the Open Carry debate here, and again here. I am in general agreement with his position on this.

Looks like a former staffer for Eric Cantor will be lobbying for Bloomberg. Like I’ve said, you don’t find many true believers in DC, even among Republicans.

On the other hand, sometimes you can make friends out of former enemies.

Joe Manchin doesn’t like West Virginia’s Constitutional Carry Bill. That’s OK, because I’m not West Virginians much like Joe Manchin. I guess we’ll find out in 2018.

You’ll often hear people say “Die in a fire!” as an insult, but as a gun owner, if you really do die in a fire, there are some on the other side who will be happy about it. Also, they have only the utmost respect for our nation’s veterans.

Bill Haslam not so pro-gun anymore? Well, he was once a member of MAIG.

Family court rules that all guns must be removed from a father’s home until the kid is 18. Without having to reach Second Amendment issues, a higher court reverses only on grounds that the order is ridiculous.

It’s worth mentioning again: It’s a bad idea to take self-defense advice from Joe Biden.

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