Implications of Castle Doctrine Vote in November

Over at PA Gun Rights. We did very well, even among politicians who often don’t take our side. In addition, some who went against us are easy targets in this coming election year.

18-20 Year Old Handgun Possession

Eugene Volokh asks and interesting question about how hard it would be for 18-20 year olds to get a handgun. Federal law prevents anyone under the age of 21 from buying a handgun from a federally licensed dealer, but in most states 18-20 years olds are permitted to purchase and possess firearms under state law.

It would indeed be a straw purchase for someone to purchase a gun from a federally license firearms dealer on behalf of someone 18-20 years old, because you are not the actual buyer. It would, however, be legal for a parent to buy one for their 18-20 year old as a gift, I believe. In a gift situation, you are the actual buyer, even if you’re not the person to possess it in the end. In Pennsylvania, private transactions of handguns are unlawful, but the County Sheriff is one of the authorities that can process a transaction. Since he is not a federally licensed dealer, and PA law allows for possession of a handgun by someone 18 years or older, I would presume a Pennsylvania Sheriff would be able to process this transaction. It would still, presumably, require a PICS check, but since the transaction is not federally regulated, no 4473 should be required. So I believe an 18-20 year old could still get a handgun in a private transfer, even under Pennsylvania restrictive transfer regime.

Word from the Committee

Word is Castle Doctrine was voted out of committee 22-4, with the three gun control bills being voted down. Looks like we get a floor vote on Castle Doctrine! More details later.

UPDATE: Roll call vote here. PASSED 22-4 Looks like it was amended, but the amendment did not destroy the purpose of the bill. The result of the amendment is that you still have a duty to retreat against an unarmed assailant.

On the other bills, on creating a new task force in the AG’s office. FAILED 9-17.

To create an assault weapons ban. FAILED 6-20.

On gutting preemption. FAILED 6-20

We did it! On to the House Floor.

Daley Not Really Serious About Gun Control?

So says Rod Blagojevich on his radio show.

And so the mayor has a political tactic where he comes out there, starts screaming, gets red in the face, proposes gun control legislation to send to Springfield, and  doesn’t lift a finger to get that legislation passed.  He doesn’t used his political strength and muscle to pass the legislation. Just a bunch of baloney.

I don’t think he is either. That’s probably why we’ve never really had a gun control movement of any size in this country. Gun control is a political tool for big city politicians. Guns are a fantastic scapegoat for the crime and societal breakdown that happens in many of our inner cities. They give politicians an easy, convenient way of talking about the problem without having to level with people about nasty subjects like taking responsibility for yourself, your family and your communities, working with police to weed out bad apples, and rebuilding the good life. Those are difficult subjects, and politicians never want to tell people they can’t look for a solution to the problem of social breakdown in Government. There has to be a solution. There has to be an easy solution.

The great thing about gun control is you can never have too much of it. Chicago goes about as far as a city can go, but you can always blame it, in Daley’s case, on those intransigent downstaters and their insistence on not going farther. But the last thing Daley would want is for the state to actually pass something. At some point you run out of people to blame, just like in fiscal matters you eventually run out of other people’s money.

At some point the gig is going to be up. Pretty soon for Daley, Bloomberg, Nutter, Menino, and all the other big city mayors. Maybe they can switch to blaming the Supreme Court or the Constitution, but it doesn’t seem to me that’s quite the same tool they’ve been using. That’s probably why Daley is losing it. Heavens forbid he level with voters about having to make hard decisions to bring the city’s crime down.

Travesty

Some of my earliest childhood memories are from visiting the USS Olympia, the sole floating survivor of the Spanish-American War. It  has been a museum ship at Penn’s Landing for my entire life, and from the early childhood of my parents. I’ve taken almost anyone I know who visits Philadelphia to this ship. When Teddy Roosevelt talked about speaking softly, and carrying a big stick, the Olympia was the big stick.

I’m very distraught to hear that it’s time is very likely coming to and end because after decades of improper care, the Independence Seaport Museum can not afford the 20 million dollar price tag to fix all her problems. To me this is an icon of Philadelphia, and I agree with Wyatt hat we ought to be ashamed.

Where are the rich folks? A quality business jet can easily run you 30 million, not to mention operating cost. What’s 20 or 30 million to have your own late 19th century battle cruiser? Hell, I’d buy a 500 dollar ticket to take a cruise on that, especially if you let me blow the hell out of something with the guns. I’d hate to see this thing go to the bottom of the sea.

Correction on Georgia Airport Issue

I’ve been asking knowledgeable people (who unlike me have studied law) about GCO’s claim that the airport language is preserved even with the airport language being removed from SB308. GCO’s legislative counsel says it will be preserved. The knowledgeable person I asked, after research, believes that will indeed be the case, but can’t speak with 100% certainty on the issue. This is due to the fact that the people who codify laws assume that the legislature passes everything for a reason, and that laws which are not in direct conflict with each other should preserve every bit of language that was passed in the codified law.

I feel a little good that it at least was a difficult question, because I’d hate to flub on something easy… but at this point I’m willing to accept GCO’s claim that if Purdue signs both bills, Georgia gets airport carry. A good thing. Though, that presumes that Purdue doesn’t veto SB291. It seems to be that GCO did not want to risk SB308 with the airport language, and NRA didn’t want to give the Governor that choice.

That seems to me to be a strategic disagreement rather than something that warrants a very public repudiation of NRA. There is history between the groups, as has been explained to me. I would encourage both organizations to bury past hatchets and try to work together. Working together, I think, has to mean not imparting poor motives to disagreements about legislative priorities and strategies. It also means, I think, treating other groups with respect and dignity, and treating their ideas and viewpoints with the seriousness they deserve. There’s more than one way to skin a cat.

Anti-Gun Shenanigans

Good news: We’re finally getting a committee vote on Castle Doctrine here in Pennsylvania tomorrow.

Bad news: The gun un-friendly leader of the House Judiciary Committee realizes how much legislative support it has and is releasing three anti-gun bills at the same time.

Good news: PAFOA has put together an alert that will let you (if you live in Pennsylvania) email and tweet targeted lawmakers on the committee who haven’t expressed their support of Castle Doctrine and/or distanced themselves from the anti-gun bills.

If you haven’t contacted your lawmakers yet, today is the day to do it. Tomorrow is the vote, so make sure they hear your voice today.

Firearms Free Airport Act

Apparently Frank Lautenberg doesn’t appreciate the recent happenings in Georgia in terms of airport carry.

Lautenberg’s Firearm-Free Airports Act calls for banning individuals from carrying firearms into U.S. commercial airports. “In the post-9/11 world, it simply defies common sense that it would be legal to carry a gun into an airport,” Lautenberg says.

Lautenberg’s measure would make an exception for law enforcement, security personnel and military personnel on active duty. Passengers would still be allowed to check unloaded firearms in a locked case in their luggage.

The bill is S.3366 and needless to say is entirely unacceptable. It would essentially create a ten year federal felony for carrying in a building in any airport or on any airfield. It’s hard to see how this wouldn’t affect private pilots, who currently have no restrictions on transportation or carry in their own planes because they typically don’t move through a sterile area before boarding their aircraft, and aren’t subject to security screening under FAA regulations.

But for General Aviation, this isn’t just about carry. This would ban private pilots from transporting firearms in their own planes at all, unless they fly out of an unregulated airport, because they do not fall under a proper exemption. So basically, if you had a buddy up in Alaska who has his own plane (not uncommon for Alaskans), it would be unlawful for him to fly you out to his place for a hunting trip, because there’s no way you or he can legally possess a firearm once you’re no longer part of a commercial flight. Anyone who did this and got caught would be facing a ten year federal felony.

Lautenberg is a snake when it comes to this stuff. It’s amazing how just about every piece of gun control legislation he introduces makes it easy to commit and accidental felony. That’s probably the idea, really.

UPDATE: Looking at federal definitions for airfield, this bans having a firearm at any airfield. Since and airfield that does not run commercial flights can’t check your firearm according to federal regulations, all firearms in these facilities would be made unlawful, so no transporting firearms in General Aviation at all.

UPDATE: I’d also note that it doesn’t make clear you’d be covered if you were leaving the airport with a firearm in checked luggage. Presumably it would, but how fast do you have to get out of the airport? What if you stop in the bathroom?