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Currently Browsing: Gun Rights

Washington State is Probably Lost

Gun owners there are on borrowed time, at this point. Washington State has a fairly iron-clad preemption law, but that didn’t prevent the Washington Supreme Court from upholding Seattle’s gun and ammunition tax. You can find the full opinion here.

One wonders how much Seattle could get away with taxing guns. $50 per gun? $100 per gun? A dollar per round of ammo? It wasn’t even close. Only a single justice argued that Washington’s preemption statute forbids any ordinance touching on firearms at all, which it clearly says.

Another Article on African American Gun Ownership

Patrik Jonsson, whose reporting on the gun issue has always been pretty fair, writes: “There’s evidence that black gun ownership has spiked since the 2016 campaign began. While white Americans have led the liberalization of gun laws in the past decade, black gun carry is becoming a test of constitutional agency.” Gun control historically targeted minority communities for disarming. It’s just now we’re nice enough proceed with a fiction that because the fees, the requirements that you have a squeaky clean record, and the high level of education required to comply with the patch work of laws and regulations apply to everyone, that means we don’t worry about disparate impacts on minority communities, even though we worry to death about that in every other context.

NRA should be very concerned that this movement is happening outside their umbrella, and adjust its rhetoric accordingly. At the very least, outreach and coordination with Black gun rights groups is in order.

You Don’t Say: Gun Control Disarms Poor

I’m glad people are really starting to notice:

When it comes to voting rights, any obstacles outrage liberals; even free government-issued IDs are viewed as disenfranchising poor and disproportionately black people. But when it comes to the right to own a gun for self-defense, liberals don’t hesitate to pile on fees, ID requirements, expensive training and onerous background checks.

That’s too bad, because many law-abiding citizens in crime-ridden neighborhoods really do need a gun for self-defense. Since poor, urban blacks are the most likely victims of violent crime, there is little doubt that they stand to benefit the most from owning guns. Research, including my own, has demonstrated this.

Your position on gun control I think is a good proxy for how committed you are to democratic popular sovereignty. The instinct for elites throughout history is to disarm the lower, non-ruling classes. You don’t have to pay much attention to a disarmed population. You can look down on them with scorn and indignation, and there’s not much they can do about it. Certainly if you want to oppress minority populations, it’s a lot easier to do that to a disarmed population rather than one that can shoot back.

Gun control has always been a weapon of the elite ruling classes to keep the masses in a state of subjugation. When all you have is the vote, you don’t really have much. Elites can manipulate the masses into voting the way elites want them to vote, or can outright manipulate the system (see Venezuela). An armed population will always have an actual say in how things are run.

Leftist Guide to Gun Ownership

Ladd Everett is going to hate this:

But doesn’t “common sense” gun control help to protect marginalized communities? Well plain and simply, no it doesn’t. In fact most gun control actually has the opposite effect leaving marginalized communities unarmed and defenseless in the face of violence. Gun control actually has quite the racist history. Many of the first gun laws enacted by the united states government were in order to keep slaves and free black people from owning or carrying firearms except under supervision of their master for fear of slave rebellions. The uprisings led by John Brown and others and the slave armies formed during the Civil War proved their fears to be true. For those enslaved, guns meant freedom. Decades later during the height of the black civil rights and liberation movements Martin Luther King, Jr. was denied a gun permit after his house was firebombed in 1956, Malcolm X urged African Americans to defend themselves using any means necessary, the Black Panthers held open carry marches, and the National Rifle Association delved into gun politics for the first time.

No wonder Ladd has been upset lately that the left is abandoning him. All that research on the history of gun control, and its use for disarming marginalized communities, was done by our academics, and people are listening.

Update on Operation Choke Point Lawsuit

The FDIC has been ordered to turn over documents. This should be fun. As you may remember, Operation Choke Point was the Obama administration’s effort to bully financial institutions into dropping their business ties with the firearms industry, effectively starving the industry by denying it access to financial services and capital.

Women’s March on NRA

The same people that organized the gigantic post-inaugural Women’s march decided to target NRA headquarters. The number I’ve heard is 212 people, including press. Pictures would seem to back that up.

As I saw on social media: “I’ve taken shits bigger than that rally.” That’ll show em! How many do you think will make the 17 miles to the DOJ building in DC? It’s a pretty long walk even to the Metro.

I will continue to assert: the left doesn’t give a shit about gun control. Ladd Everitt’s theme lately is trying to convince Progressives not to buy guns. He’s come seriously unglued over this. This is not what a successful movement looks like.

And why on earth would you march people 17 miles in July when you know you have commitment issues, and most of the people who care about gun control are old? The whole idea is a recipe for fail. But I’m not one to interrupt my opponent when they are in the middle of making a mistake.

Good News in Pennsylvania

The Pennsylvania Supreme Court has denied appeal on FOAC et al. v. Lower Merion Township, basically upholding the ruling in Commonwealth Court that their ordinance banning firearms and discharge in township parks was illegal.

Our current preemption law usually works when we can take these ordinances to court, but getting them there is difficult.

Also from Josh Prince: “It is time for the citizens of Pennsylvania to stop paying millions of dollars, each year, for a broken and duplicative system, when the FBI offer NICS to us for free.” PICS is awful. At some point I’d like to see a bill in Congress to eliminate POC states. That way there’s only one entity to keep an eye on. POC state agencies have gotten away with a lot worse malfeasance than the FBI, and the FBI does a much better job with uptime on NICS than the PSP does with PICS, which is very outage prone for as much as it’s costing taxpayers.

Hearing Protection Act Loaded onto Omnibus

The Hearing Protection Act has been attached to the SHARE act, which is a sportsman’s omnibus bill, and what a glorious omnibus it is. Of the important things the SHARE act does:

  • Eliminates the sporting purposes language from GCA ’68 and the law on armor piercing ammunition.
  • Creates a blanket exception for shotguns to prevent arbitrary reclassification as destructive devices.
  • Moves silencers/suppressors from Title II to Title I (no longer an NFA item).
  • Preempts states from playing games to discourage silencers but does not outright prevent states from banning them. (limited preemption)
  • Enhances the FOPA language to include travel by means other than vehicles.
  • Creates remedies against states that violate the safe travel provisions, including a cause of action and attorneys fees.
  • A bunch of hunting related shit I don’t really care about.

One concern I do have with the enhanced safe travel provision is that while it does cover ammunition and firearms, does not cover ammunition feeding devices or other accessories. If this bill passes, it will make suppressors Title I, which means they will become more common and more widely transported. Ten states still ban them even after this becomes law. About the same number of states have some kind of restriction on ammunition feeding devices. FOPA safe travel won’t do us much good if we can still be arrested for magazines and accessories.

The antis are quickly trying to get word out that they are now supposed to oppose the SHARE act, and not the HPA anymore. The attachment of HPA to a bill that should be easier to pass suggests that perhaps the GOP is a bit more serious about actually passing this, if they can pass anything.

I’ve been blogging for ten years, and this bill would constitute winning on a number of things we’ve been fighting for that whole time, including things I didn’t think would be politically possible ten years ago.

NFRTR Problems

Dave Hardy details the problems with the NFA registry in all its horrid detail.

OIG asked how often there was a discrepancy between the inventory and what the NFRTR said the inventory should be: 46% of inspectors said either “always” or “most of the time.” (Only 5% reported “never”).

I’ve heard this from ATF people who have spoken at the National Firearms Law Seminar too. The database is a mess, and there’s been a quiet effort to clean it up going on for years. Dave also notes:

Mind you, felony prosecutions are undertaken relying on the NFRTR to establish that a gun is not registered, and with evidence consisting of an affidavit from the custodian of records for the NFRTR certifying that no record of registration could be found.

But don’t go thinking you’ll evade prosecution if you convert your AR because the NFRTR is flawed. Most machine gun prosecutions there days proceed under 18 USC 922(o), where all they have to do is prove the machine gun was manufactured after May 19th, 1986, and that you possessed it. But if grandpa kicks the bucket, and you find the M1 Thompson he managed to smuggle back from Europe, be sure your lawyer knows the history of the NFRTR.

On The Move in Michigan

Passes the House by a 59-49 vote. We’re on a roll! Granted it still has to go through the Senate and earn a Governor’s signature in both MI and NC, but these things often take several sessions to pass. Concealed Carry was this way too. Given that Michigan’s governor has shown a willingness to veto pro-gun bills, Michigan seems a stretch, but every little step.

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