Currently Browsing: Guns
May 24, 2016
While I was driving all the way from Louisville to Philadelphia-area yesterday, Sebastian handled the reporting of what so many always want to know – how many freedom lovers came out to hang out with fellow NRA members.
Beyond the fact that it’s the 2nd largest convention, how does it really compare? Fortunately for you all, I like data that no one else seems to keep.
I’ve been keeping track of the attendance ever since my first meeting in 2004, or as I call it, Pittsburgh #1. Since that first meeting I attended out of college, this year’s meeting was about 1/3 bigger (31.2%). Over last year, the growth was nearly 2,000 people, but only about 2%.
In that time, we’ve had 4 repeat cities – Louisville, Houston, St. Louis, and Pittsburgh. Aside from Houston which is kind of an anomaly, Louisville actually saw the greatest same city increase in attendance (21.5% compared to Pittsburgh at 16% and St. Louis at 14.3%).
Most of the dips you see in the early columns are simply location issues. That has become less of an issue since I started attending, as more people are willing to make this an annual or nearly annual tradition regardless of how far it is. In this article on Indianapolis securing two more years, they note that Houston’s last convention saw 43% of attendees coming from 200 miles away or more. You can see this reflected around the floor and in the member meeting where this year’s family of the youngest life member was from Chicago and the oldest life member traveled from Ft. Smith, Arkansas.
And while I don’t have firm numbers since the other side is against such measures, I can tell you that you can largely flip this chart around and chop off many zeros on the numbers to represent the anti-gun side presence at each event. There were actually a good number of protesters at Pittsburgh #1. They were pretty good spirited folks, too. There was a chanting contest and someone who shipped a Million Moms banner up from their Atlanta chapter. The biggest downers at the event were the ACLU volunteers who were trying to convince NRA members that they had no right to photograph protestors on the street, presumably in an effort to keep us from highlighting how few there were compared to the 61,319 NRA members. There was an uptick for Pittsburgh again in 2011, but otherwise, the protests just keep getting smaller.
It will be interesting to see the future. The event is getting large enough now that many cities simply cannot handle it. Even though Louisville has some of the largest event space in the country, the logistics just don’t work well. The Expo Center didn’t open enough gates for getting people into the parking lot, and there parking attendants weren’t on top of making sure spaces were filled in an orderly manner on their busiest days. They also apparently did nothing to try and direct traffic on the main roads to under-utilized gates. The gate we used (6) had very little wait on Friday based on the Google traffic report and very little on Saturday, too. That’s on the city hosts, and not on NRA. However, since NRA has to look at the bottom line of member experience, Louisville could lose future business by their unwillingness to manage traffic in a reasonable manner for an event they knew to be huge. Interestingly, it looks like Louisville is losing other conventions of similar sizes like the FFA which is close to 60,000 people. That article actually notes that new hotel space is only going up downtown, away from the Expo Center. That only compounds the traffic concerns.
As for the immediate future, the dates and locations are:
2019 – Indianapolis, Indiana
2020 – Nashville, Tennessee
Some of these locations were found on the interwebz, so subject to correction until I can get through all the materials brought home.
May 23, 2016
Got back home sooner than expected, despite taking a more scenic route through West Virginia, avoiding Maryland. We discovered if you do a custom route on Google Maps, it’s fine unless it has to recalculate, in which case it defaults to the shortest route. Ordinarily, that would be fine except that the shortest route could get me thrown in a Maryland State Prison. Google has a multi-destination feature on the web version, but the mobile and tablet versions don’t. They allow you to avoid “Highways,” “Tolls,” and “Ferries,” but they don’t have an option for “Anti-Gun States.” Maybe I should make a feature request.
May 23, 2016
My source from the NRA Board Meeting had reported in, and attendance this year was 80,452. This is the second highest attended Annual Meeting. Houston still holds the overall record of 86,228. Houston was when we were under the most significant attack we faced after the antis successfully exploited Sandy Hook to go after us. Also, on Friday, traffic gridlocked in Louisville. Saturday the venue was managing the parking situation pretty poorly. There’s a good chance this could have been a record breaker if not for the venue. In Nashville last year, attendance was 78,865, and before that in Indianapolis, 75,267. I’m afraid that for us Pennsylvnians, NRA has outgrown our venues. Pittsburgh gridlocked with under 70,000.
In a way, as the event grows it gets less fun for me. It’s harder to move around the floor and you don’t run into people as much. If I missed you this year, sorry about that. Even the law seminar has gotten so big, there were several readers there who I’ve met before that I’ve missed because the room really is that big.
May 22, 2016
Matt Carmel’s Palm Pistol, which was made for shooters with disabilities, has finally made an appearance at NRA. He told me he’s still trying to get the FDA to list it as an approved medical device.
It’s definitely non-traditional, but the carbine actually worked pretty well from an ergonomic point of view. I really would like to be a fly on the wall when the Obama Administration is forced to approve a firearm as a medical device. He’s filing under both 21 CFR 890.5050 “Daily activity assist device”, and an 21 CFR 890.5370 “Nonmeasuring exercise equipment.”
May 21, 2016
Usually when a reporter wants to spin against the NRA and its millions of grassroots members, it’s a lot more subtle than outright fabrication of things that did not happen where cameras and thousands of people are present. I mean, let’s face it, that’s just bold to think you won’t get caught in that kind of lie.
However, that’s what Louisville Business First‘s Baylee Pulliam tried to pull off in her Twitter coverage of the NRA Annual Meeting.
Pulliam tried to claim that NRA was dubbing dog noises over video of Hillary.
Except they didn’t. It’s a complete lie that NRA dubbed barking noises over Hillary. NRA simply played the video of Hillary herself barking like a dog.
Even though I was in the law seminar during the political event, I checked with multiple people there, and I watched the video which NRA News helpfully streams live and posts after the event.
But don’t let that stop the narrative that must be told that NRA and its members hate women. No, Pulliam needs to help push a narrative, so false accusations of dubbing must fly around social media.
Since at least one person has called her out, Pulliam tried to delete her tweet. But was there any kind of correction or apology posted? Nope.
Acknowledging such an accusation means it gets documented that the reporter doesn’t actually keep up with current events and somehow missed the news of Hillary barking, doesn’t do research before throwing out claims against innocent organizations, or she really is simply willing to unfairly accuse NRA of actions they did not take until someone publicly calls her out. With more than 20,000 videos on YouTube and nearly 500,000 Google links when searching “Hillary Clinton barking,” I find it doubtful that someone covering political events would miss that kind of news. It’s certainly possible that she just throws out accusations and doesn’t do research before doing so, but that seems a little reckless for a reporter at a business-focused media outlet. Sadly, that leaves the third option as a very real possibility.
May 21, 2016
Here we are is the whole reason all this exists, the 145th Annual Meeting of Members. I feel bad I got a picture of John Frazer, who I didn’t realize was Secretary, looking a bit like a deer in the headlights taking the roll. Photographing people speaking is a dark art which I have no mastery of.
First off I’m glad they remembered to recognize foreign members of NRA in attendance. Several years ago a British member put that resolution on the floor and the members voted in favor. More often than not they’ve forgotten to do it.
We always start the Annual Meeting of Members with what I think is one of NRA’s great traditions; recognizing the youngest and oldest Life Member in attendance. This year the youngest was an 8 week old whose family is from Chicago. The oldest was a 99 year old man from Fort Smith, Arkansas. Part of this great tradition involves Wayne flubbing the whole thing, while his admin Millie runs around trying to straighten everything out.
I was amused though during the part of Wayne’s speech where he’s touting NRA’s diversity, but the fact is the room is pretty white bread, and it took a while for the cameras panning the crowd to actually find some… err… diversity. I’m sure the media is going to have fun with that one. Other than that, Wayne’s Speech is mostly about elite hatin’. He went full populist. Never go full populist!
Pete Brownell is now first VP, which means he’ll be next President of the NRA after Allan Cors term expires next year. He introduces Chris Cox. Chris’s speech could be summed up with this quote, while talking about the Supreme Court: “The Second Amendment is on the ballot in November.” During Chris’s speech he recognizes a number of individuals, including Josephine Byrd, who was the plaintiff on the NRA’s case against the Wilmington Housing Authority who banned residents from owning firearms.
Now, onto the Board Election results. Previously I had been confused about Ted Nugent placing 18th, not noticing the list was alphabetical. My bad. My faith in humanity was briefly restored. This year 164,026 ballots were cast. 3,282 ballots were declared invalid. Oliver North and Ted Nugent were the top vote getters by far, with North getting 128,099 votes, and Nugent getting 124,471 votes. Sandy Froman, third on the list, got 109,369 votes.
The bottom vote getter was Tom King, at 71,473 votes. We’ve endorsed Tom in the past. Sadly the SAFE Act is murdering the gun culture in the Empire State, and much like Californians, New Yorkers seeking the Board are going to have an uphill climb. There is no justice in this world, given the amount good board members who didn’t make it this year. A lot of good people didn’t make it this year, like Graham Hill, my vote for 76th Board Member. I’ve said it before, but I’ll say it again, there are too damned many celebrities on the NRA Board.
I am happy to report that Grover Norquist recall failed 70,204 no votes to 62,066 yes votes, so Glenn Beck can take those results and shove them up his crazy ass.
So good news and bad news. The good news is that participation in NRA elections is up sharply, but I think that might also be the bad news!
I was hoping this year, in this Era of Trump, there might be some damned fool, but entertaining thing put out on the floor, but it was not to be. The meeting adjourned uneventfully.
May 21, 2016
A comment of mine on other Social Media corners of the Internet, even though I hate social media like a smoker who can’t quit really but ought to:
Seriously, if you had told me at the 2014 convention in Indianapolis that NRA would end up endorsing a dark horse candidate from Manhattan as their preferred candidate for President at the 2016 convention in Louisville (where he won that state), I’d have testified at your commitment hearing. But hey, it’s 2016, and we’re all crazies now.
It’s a mad, mad world.
May 20, 2016
Panel 4 was the ethics part of the seminar. I had to skip coverage to get caught up on a few things. But I’m back with Panel 5. First up is Derek DeBrosse on Firearms Rights Restoration by the Numbers. There have been a few seminars about this over the years, and it’s a complex topic. I’ll do my best to sum up the important points. He notes that this is really a state centric area of law, and he will be speaking in regard to Ohio law, since that is where he practices. Starts with the common disabilities:
- Felony conviction.
- Mental health adjudications.
- Misdemeanor Crime of Domestic Violence conviction.
And the tools used to restore rights:
- Expungements (favored)
- Set Asides
- Pardon (rare in OH)
- Voluntary Appeals File
Character witnesses can be important in restoration cases. I’m always amazed what a complicated area of law this is. It’s hard to write and keep up with all the facts. There are a number of circuit splits that have impact on rights restoration, depending on what circuit your state is in. Types of restoration:
- Automatic (rights fully restored upon release)
- By Petition
- By Expungement
There are a lot of cases where there are concealed carry restrictions which can trigger prohibitions. The feds demand that all your rights are restored. If any restrictions remain, you’re still prohibited. There are also some cases where states have expungement, but it’s not really expungement for federal purposes.
Mental health restorations seem to be more difficult than criminal restorations. There are cases where people who are admitted voluntarily were listed as being involuntary. Records are important.
I’ve also always found it interesting that it can be harder to lift a misdemeanor prohibition (MCDV) than it is a felony, but it is.
Next up is Jonathan Goldstein, who is a local (to me) gun rights attorney, speaking on Firearms Preemption being the next frontier in firearms regulation. The talk begins with a review of just how far we’ve come. So what’s a frustrated anti to do?
- Work at the state and local level
- Land use restrictions (lead issues, noise issues, etc)
- Carry, use, and purchase restrictions (“Heart strings locations” – Parks, Schools, Religious institutions, “Sensible Locations” – Bars, Government Buildings, Government Gatherings, Signage, Scary Looking Guns)
- Localization of penalties (e.g. Lost & Stolen in Pennsylvania)
- Public health vector (“gun violence” as a disease & lead issues)
He’s making a lot of the same point I’ve made in regards to the motivations of the antis, in terms of fatiguing people out of exercising their rights. This is very entertaining. He’s probably great before a jury.
Jonathan’s prescription for this is preemption; the process of ensuring that laws are uniform. Lessons from Pennsylvania:
- Explicit grants of standing matter.
- Findings matter.
- Pre-ambulatory language matters.
- Look towards standing jurisprudence in your state’s law and make sure the relief you can obtain under your new law incorporates that.
- Be careful about ambiguity. (e.g. the school gun ban in Pennsylvania)
- Watch out for executive agencies.
- Don’t give the courts wiggle room (He contrasts Florida’s strong preemption language with Pennsylvania’s weak language)
He goes over the history of our preemption drama in Pennsylvania, which you’re all well aware of. Roadmap to Preemption Success:
- Start early and demand action. Don’t let the legislature stall you.
- Watch the technical requirements – single subject and original purpose.
- Look for allies. Most regulated industries also demand uniformity.
- Get help with drafting! NRA has a lot of useful resources.
- Analogize – drugs, cars, firearms are just another consumer product.
- Hold local government accountable.
- Read preliminary rules from agencies.
- Watch appointments to appellate courts.
Very good presentation, and definitely the right guy to put between attendees and the booze. Not only did he make the time fly, but kept people awake. Sometimes if you get a snoozer presenter late in the day it can be brutal.
May 20, 2016
First up is Sarah Gervase, who has worked in the Office of General Counsel ten years, and is talking about ATF 41F and Trusts. If you recall, 41F was ATF’s proposal to require background checks on Trusts for “responsible persons,” and also proposed to eliminate CLEO sign-off in favor of CLEO notification. She goes over some of the history of the National Firearms Act. She recommends if you’re an attorney, getting a copy of the paperwork for NFA items. Apparently it’s not uncommon for gun collectors to also
hoard collect other things, and for family upon death to tell family attorney’s “We’re pretty sure this is legal and registered, but it’s going to take us a year to find the paperwork,” and there’s a limited period of time in which the transfer can be legally affected.
There were some smaller changes to 41F that many readers might not know about. ATF codified existing policy that when an NFA owner dies the executors of the estate is permitted to possess the firearm during probate without it being considered a “transfer.” She warns though that only the executor of the estate can keep the NFA item. They cannot designate a third party to look after it.
The big sticking issue is what constitutes a “responsible person.” She notes that the beneficiary of a trust doesn’t count as a “responsible person” provided that they don’t have the legal capacity to direct the trust, possess, transport, etc the NFA item. She does note that if you add responsible persons to an existing trust, you can do so without notifying ATF, however you will upon another application to make or application to transfer.
Another interesting detail is that while NFA forms are considered protected tax documents, the CLEO notification documents are not, and the CLEO can do what they want with them.
She notes that a common misconception is that ATF has a 24 month rule that if a trust is unchanged, the responsible persons don’t have to go through the background check again. This is not true. This only applies to submitting trust documents. Responsible persons have to go through a check each time there’s an application to make or transfer.
Question of the day: “Can I be buried with my guns?” Apparently there can be, in some states, safe storage implications! There’s also an issue with who is in possession of the firearm.
The next panelist, Brent Weil, is speaking about first party and third party liability claims against firearms instructors. Starting with a few videos which represent great examples of high derp, he dives right into negligent training. There has been a great increase in demand for firearms training, lead by the substantial growth in new shooters, including the 271% increase in gun ownership among women. What is negligent training:
- Range defects. Trip and fall is a common liability. When you’re directing a student, that is potentially your liability.
- Firearms incidents – accidental discharge, mechanical failures, eye and ear protection.
- Inappropriate tactics.
- Improper use of deadly force – legal issues and advice.
- Lack of proficiency by student.
First party claims are brought by students against instructors. He points out that lawsuits in this area have not been common, but these are potential areas of liability. There have been many cases involving law enforcement, which could be potentially applied to civilian shooters. There is also third party liability claims, where a third party that was harmed by a student sues the instructor for negligent training.
It would seem obvious, but instructors should seek the limited liability of corporations and LLCs, but he notes that won’t necessarily protect from liability, just as a GM employee who gets into an accident delivering a car is still liable for harm caused to others, even though the employee was acting on behalf of GM.
Other advice is to document what you teach both in the classroom and on the range, don’t teach beyond what you’re certified to teach, get students to sign releases, and get insurance.
May 20, 2016
Louisville has the distinction of being a city whose convention center is pretty far from downtown, which is where all the hotels are. The law seminar is a good 20 minutes from where the big stuff is happening. Traffic coming into the city and into the convention center has been gridlocked all day, and I’m not dedicated enough wait in traffic just to report on Trump.
I’m told NRA has issued its endorsement for Trump, with Trump responding that he would not let us down. I believe he’s speaking right now. I know a lot of people are going to argue Trump should not have been endorsed, but I think it’s sticking to the single issue. I have a lot of trust issues with Trump, but the big issue on everyone’s mind is the Supreme Court, and if Trump can be trusted (and I think that’s a big IF) his court picks are generally pretty good from a Second Amendment point of view.