According to legal sources, it seems the Ninth Circuit has issued an order for an en banc hearing in Peruta. It might be the bit of pessimist in me, but I doubt this is good news for gun owners in the Ninth Circuit.
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.
To owning the real thing. Caleb takes quite a while to get to the point, but if you’re in a TL;DR mood (or computer gamer jargon grates on you), skip to the last paragraph, where he points out that realistic simulation of real guns are one way to get new blood into ownership of the real thing.
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 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!
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.
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.
Arkansas is repealing its prohibition on green card holders from obtaining licenses to carry, and also passing a “shall sign” measure.
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.
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.
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.
It’s tab clearing time again, folks:
NRA is opposing the confirmation of Loretta Lynch for Attorney General. It’ll be interesting to see who bucks NRA on this vote.
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.
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.
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.
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.
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.
States United to Prevent Gun Ownership opened a phony gun shop in New York City to sell fear and shame. I agree with people who say this is desperation. Their real fear is that with a few more favorable court rulings, we’ll be opening real gun shops in New York City, selling real and legal guns, to ordinary people who aren’t celebrities or rich bankers as under the current privileged regime.
But to do that, we need another strong Supreme Court ruling from the courts. To get another strong Supreme Court ruling form the courts, we have to win the 2016 Presidential elections so we have a chance of making this a 6-3 or 7-2 Court on a strong Second Amendment. The chances of the entire Heller 5 surviving another Democratic Administration is practically nil. If we lose 2016, we will almost certainly lose the Second Amendment as any real meaningful protection. That’s what’s at stake. That’s why I’m so disappointed seeing people falling into Obama’s trap and tuning out. That’s what he wants you to do. That’s why he hasn’t moved to the center. He’s willing to burn it all down to get what he wants, and it would seem a lot of us are willing to let him.
Massad Ayoob takes a look at the new Glock 43. I may be interested in this firearm. I tried the .380 caliber 42 when it came out, and thought it was a bit large for not being a 9mm. This may be something I could carry in summer, I’d have to see. I may have to get one, just to see what can be done. I’ve found Bitter’s SIG 239 to carry easier than my Glock 19, but I’d prefer something like the 43 over a SIG, since I’m used to Glocks.
I carry a Glock 19 in the winter when it’s easy to conceal under a jacket. Once upon a time, when I was younger and thinner, I successfully concealed a Glock 19 in the summer with just an untucked shirt. I’ve found as I’ve gotten rounder, the 19 is hard to conceal without a jacket, since my waist is no longer thinner than my shoulders. Maybe the 43 is small enough as to not print. I usually carry the 19 at 4:00. I used to be able to carry it at 2:00 without much problem, but again, being rounder makes that much less comfortable these days.
I’ve been looking for a alternative to the Ruger LCP for pocket carry, even if it’s a little bigger, but these single stack offerings from Glock seem too big for the pocket. My major complaint about the LCP are the front sights are useless. If you buy an LCP or its twin the Kel-Tec P-3AT, you really really need the laser option. I should have gotten the laser, but then Bitter went and got me a lovely Mitch Rosen pocket holster to go with the LCP for Christmas, and it won’t accommodate the laser. I hated for it to go in the dead holster drawer ahead of its time, but to this day, I still can’t find the front sight on the LCP when I draw it, so it’s time for a change sometime in the not so distant future. Whether that’s a laser and a new holster, or another pistol, I don’t know yet. I’ve looked at other options, like the Smith & Wesson Bodyguard .380, but it’s a bit bulkier, even if I like the feel better than the LCP.
Anyone out there successfully pocket carrying a firearm that isn’t an LCP or P-3AT? Keep in mind I don’t like deep concealment options. Pocket carry is slow enough on the draw as it is.