Blogroll Additions

Time to do a few more blogroll additions:

  1. The Unforgiving Minute
  2. Days of our Trailers
  3. TFS Magnum
  4. West, By God
  5. Gun Legislation and Politics in New York
  6. Gun Talk
  7. NJ Voices: Scott Bach

Again, there’s more room, so don’t feel offended if I’ve left you out. There are a lot of blogs on my radar screen than aren’t on my roll yet, so keep getting my attention and I’ll get to you.

More Pennsylvania Proposals

Some bills that are up for consideration in Harrisburg, courtesey, again, of Pennsylvania Federation of Sportsmen’s Clubs:

HB 1744 Caltagirone – (PN 2323) Amends Title 18 (Crimes and Offenses) providing for a notice of limits on lending or transferring a handgun. Each purchaser of a firearm would receive a copy of a notice, to be promulgated by the Pennsylvania State Police, containing the information regarding limits on lending or transferring a handgun. The bill also states that the Joint State Government Commission would conduct a continuing study for the purpose of evaluating the extent to which multiple purchases of firearms by any individual during the period of the study are a contributing factor to the use of firearms in criminal activity. The bill adds that the Attorney General would have the authority to investigate and to institute criminal proceedings for any violation of this chapter. The Attorney General would be able to inspect or examine the inventory and records of a licensed importer, licensed manufacturer or licensed dealer without reasonable cause or warrant in certain cases.

This seems to me to be a worthless law.  Any law that is not obvious enough that it requires notification probably should not be a law.

HB 41 Thomas – (PN 66) The Illegal Firearms Trafficking Act establishes the Bureau of Illegal Firearms Trafficking in the Office of the Attorney General. Duties of the bureau would include investigating potential violations of 18 Pa.C.S. (relating to crimes and offenses) relating to illegal firearms trafficking; and bringing prosecutions relating to illegal firearms trafficking. The Attorney General would receive complaints from individuals concerning illegal firearms trafficking and investigate and assist in county prosecutions relating to illegal firearms trafficking and, as necessary, coordinate with Federal, State and local law enforcement agencies in the investigation of similar crimes. Additionally, the Attorney General would annually report to the General Assembly detailing the activities engaged in by the bureau.

This is the one Philadelphia DA Lynn Abraham is wary of.  You know how we talk about going after criminals?  This proposal is mostly about that, but Philadelphia’s political leadership is opposed to it because it invades in on their territory.  Better to go after gun owners than have the state AG threatening your turf eh?

HB 21 James – (PN 46) Amends Title 42 (Judiciary) further providing for bail by stating that the amount of bail fixed for any person charged with an offense committed while the person used or displayed a firearm would not be less than $50,000 unless special circumstances are presented.

Displaying or brandishing?  There’s a difference.  A lot of these bills I might be willing to talk about, but what is “displayed” and what is “offense”.  If I have a pistol in my center console, and I get pulled over, am I subject to 50,000 bail if the officer, as the Supreme Court of the United States has permitted him to do, decides to arrest me formally?

Details on Abraham’s Testimony

An e-mail alert from PA Federation of Sportsman’s Clubs provided some more detail on Lynn Abraham’s testimony before the House Judiciary Committee. Here’s her recommendations:

  1. Permit the disclosure and examination of mental health records for individuals seeking to purchase firearms
  2. Strengthen Section 6105 to prevent people previously convicted of any violation of the Uniform Firearms Act from buying another gun
  3. Amend Section 6105 so that people awaiting trial on firearms offenses cannot possess firearms
  4. Require the owner of a lost or stolen firearm to report the theft or loss within 24 hours of discovery and punish the failure to report as a misdemeanor of the first degree
  5. Treat adult violations for convicted felons who possess firearms the same, regardless of whether the prior disabling offense was an adult conviction or a juvenile adjudication
  6. Make sure that people convicted of illegally transferring a firearm cannot legally possess more guns in the future
  7. Mare sure defendants convicted of lying on state or federal firearms forms are disqualified from owning a firearm
  8. Prevent defendants convicted of filing false police reports for theft of a firearm from possessing firearms

One would be acceptable if proper safeguards and relief from disability mechanisms are in place.

Two and three are absolutely out of the question. There are many violations of UFA that are minor, and more than a few that are summary offenses. I have no problems with barring firearms ownership for people convicted of violent crimes, but not for UFA violations, which are not violent, and certainly not for anything less than a conviction.   These are rights, not privileges.  You don’t take away rights unless there’s been due process.

Four is absolutely out of the question. There is no reason to subject someone, who was the victim of a theft, to further punishment. At most, the very most, this should be a summary offense.

Five I’d be willing to talk about.

Six, no way. Just lending Bitter a handgun to carry is technically illegal in this state. I’d be willing to trade that for some significant changes in UFA’s transfer provisions.

Seven, no. Lying on a form is not a violent crime.

For eight, it seems to me that making false statements to police is already unlawful, but it’s not a violent crime. No go on prohibited person status for that offense.

Giuliani’s Pass

Clayton comments:

My guess is that the reason Giuliani has been getting a pass from NRA leadership is:

1. They perceive him as someone that can defeat Clinton in the general election.

2. He’s not a social conservative. I get the impression from who NRA leadership favors that they are libertarian, not conservative.

Maybe Giuliani has really changed his mind on this. But call me skeptical.

Well, at this point, it wouldn’t really make good political sense to snub Giuliani, Romney, or really anyone. It’s very early in the game, and the winner is far from clear. It would be unwise to alienate the candidate that walks away with the nomination. Giuliani is certainly, from a gun rights point of view, far far from a desirable candidate, but if he wins, that’s who we have to work with, if Hillary or Obama is the nominee.

If by some miracle Bill Richardson wins the nomination, then Richardson should get the endorsement, because he’s more pro-gun than any of them. But it’s probably going to be Hillary. Given that, if I were NRA leadership, I’d be very prejudiced to endorsing Giuliani for 2008, but would hold out the possibility, if we like how he treats us on our issues, of an endorsement in 2012.  In 2008, I would agree that we’ll help tar The Hildabeast, and make it clear to our membership what Hillary’s record is on our issue.  In short, I’d make people hate me by playing politics ;)

I agree with Clayton that I doubt Rudy has had a real change of heart. But I’m not sure that matters. What matter is that he understands where his bread gets buttered. It’s not ideal. As I mentioned yesterday, it helps to have a real friend in the White House, but absent that, a guy you can deal with is better than Hillary.

Changing Arguments

Clayton Cramer talks about some important development in how the Philadelphia political class is talking about the gun issue.  They admit at least one thing:

“This society has chosen to live with guns,” Dr. William Schwab was saying in July, as he stood before a roomful of reporters in a Penn Law classroom. “There are over 220 million guns in circulation in the United States of America. There is nothing that’s going to take those guns away.”

We have to live with guns.  You can’t un-invent technology.  No attempt to do that has ever succeeded.   Now the bad:

“There’s kind of two different models,” he said. The first is “the idea of a ‘take-away’ model, where the more guns seized, the less guns are carried. But I think what’s really working is a ‘keep-away’ model. That is, if you are deterred from carrying your gun into an area where police might take it away from you, you don’t want lose it, even for the week or two it takes to replace it, because somebody might hear that the cops took your gun, and they might come after you because you’re unarmed.”

The political class in Philadelphia needs to remember that they live in a state where 600,000 people are licensed to carry a firearm lawfully concealed on their person.   The City of Philadelphia issues 32,000 of these licenses.  There are more legal firearms on the streets of Philadelphia in the hands of law-abiding citizens then there are police officers patrolling the city streets.

“Stop and Frisk” is basically having police officers apply what’s called a “Terry Stop”, named after Terry v. Ohio.  Terry’s standard in “reasonable suspicion” that a crime is being committed, and that the person is armed.  This is much more lax standard than probable cause required for, say, a search of a vehicle, though Terry Stops can be used for a traffic incident as well.

It’s worthwhile for City leaders to realize there is a standard with Terry, and that they may not just randomly stop and search people.  I have no problem, in theory, though I do have some specific problems with Terry, with police being able to do a limited unintrusive search to check for weapons on a suspect that’s been seized because of probable cause about a crime committed.

What I fear is that the City will use this as a pretext for harassing people who are lawfully carrying firearms.

To the DOJ

Here’s what I sent along:

Greetings,

I’m writing in regards to the Bureau of Alcohol, Tobacco, Firearms and Explosives continuing efforts to revoke a federal firearms license from an Twin Falls, Idaho dealer known as “Red’s Trading Post” for what amount of minor paperwork issues, that, from my understanding, amount to 0.4% paperwork.

As a taxpayer, I would prefer BATFE concentrate its efforts on pursuing criminal trafficking of firearms, and not spend limited resources fighting in court to revoke licenses of firearms dealers who are making an honest effort to navigate the admittedly complex maze of federal gun laws and regulations.

Sebastian
Langhorne, PA

Yes, I signed my real name, not my pseudonym. Basic, to the point, not to long. Let’s them know we’re concerned. As much as I would like to say “I’d prefer ATF go **** themselves” that approach doesn’t tend to work very well. Let them know we’re watching. If there’s anything bureaucrats don’t like it’s the spotlight shining on their activities.

If you make it too long, or just drone on about the second amendment, or something like that, they’ll just trash it.  I know this seems hard to believe, but government bureaucrats don’t generally tend to care too much about your constitutional rights.

Teeth Suck

I went back to the periodontist today, because I have been in great pain since Sunday evening.  I needed him to check out the progress of my healing from the crown lengthening, and get a referral to go see an endodontist for the root canal ASAP.

I knew root canal was going to be part of the deal from the beginning, because the reason the tooth needed crown lengthening was because it chipped close enough to the gum line there was no room to put a crown.  But the periodontist said that sometimes crown lengthening pushes a borderline tooth over the edge, and it sure did.   Now tomorrow I have to call and schedule the root canal for as soon as they will take me.

In the mean time, I’ve been taking percocet, but I’ve become unhappy with the fact that, while it is very effective at giving pain relief, and making me feel rather loopy, it’s also very effective at making me dizzy and nauseous.  I think I may have to go back to my old standby — whiskey.  Dozens of generations of Irishmen can’t be wrong!