Does Gutting Racist Public Sentiment Trump Property Rights?

I’m generally in agreement with SayUncle and Tam on this matter of people accusing Rand Paul of racism. But I also recognize that standing on the opposite side of the 1964 Civil Rights Act is a loser of a political stance. It’s not going to win you much among the population, and it helps opponents of the GOP paint it as “that kind of party” (even though Republicans voted for CRA ’64 in greater percentages than Dems). Part of the reason is that we’re not quite past the Jim Crow era enough for people to forgive and forget, but I do think that time is fast coming.

I’m going to forgive previous generations for believing the driving a stake through the heart of Jim Crow, and the public culture it spawned, was worth pissing on property rights for a bit. I believe it was worth it. But Jim Crow is gone. It’s not that racism is, but I think we’re fast approaching a point where disdain for racism will be a strong enough incentive to discourage any racist business practices among proprietors of public accommodations. At some point we could allow property rights to re-assert itself. Let social shame deal with the miscreants and keep the Government out of those kinds of affairs.

UPDATE: Great post on this subject by Randy Barnett here.

Crime Down During NRA Convention

I’m going to wrap up my convention coverage this weekend. I want to post a little more on the law seminar, and I have one more report from the floor to do. But right now NRA is releasing that the City of Charlotte noticed a 45% drop in crime from the same week last year when the NRA convention was in town, despite the fact that if you dropped the NRA Annual Meeting into the middle of Podunk, it would have been North Carolina’s 10th largest city.

NRA Facts & Figures

The last several years, I’ve posted various facts and figures about NRA membership and participation as told through the lens of votes in the board of directors elections. I know a few people find it interesting, but I always wondered if there was really a purpose. It turns out that it did serve a purpose. I learned that one of our endorsed candidates this year actually found the data when he was looking to run, and used it when making plans for his successful campaign.

In that spirit, here’s the latest data & analysis of how NRA members vote (they don’t) and how you can make a difference (it’s easy) if you want to see certain board candidates rise or fall on the ballot.

There was a significant jump in both the number of eligible voting members this year, and the dramatic rise in the corresponding number of ballots cast. This tells me that either NRA is reaching new, more excited members or the number of people taking the plunge into life memberships may be increasing. I wondered whether there was there could be a subtle influence from the tea party efforts to educate their members on how political parties work to take them over, as such lessons could easily be applied to civic organizations like NRA.

Since the large numbers make it harder to see trends, let’s look at the participation rate for the last few years. You can really see that spike. It’s also worth noting that the next largest number was 3 years ago – the last election for nearly the same slate of candidates. Then I realized that the spike was probably predictable if we saw a jump with the same batch. What causes it? Easy, this is a celebrity ballot. Ollie North, Ted Nugent, Susan Howard, Richard Childress, and Karl Malone. That doesn’t include other widely known political names on the ballot like Don Young, Bob Barr, Matt Blunt, and Larry Craig.

One surprise from this year’s election was not just that Joaquin Jackson won, but how well he did (14 of 25). Apparently the current crop of NRA board voters don’t realize that he threw a significant number of gun owners under the bus, or they just don’t care. Alas, that means he has three more years in which to put his foot in his mouth as a board member.

What’s so frustrating about this is that it is so easy to make a difference in an NRA board election because so few people take the time to vote.

“Losing” Candidates Vote Tallies Difference from
Previous Candidate
Donn DiBiasio* 63,817 752
Steven Schreiner 62,710 1,107
Carol Hallett 61,850 860
Kenneth Hanson 61,479 371
Leo Holt 59,666 1,813
Marion Townsend 55,157 4,509

*Elected 76th Director at the meeting. Interestingly, this is the 2nd time he has “lost” and managed to earn a seat for another year.

Just 752 votes determined the “last winner” and “first loser” this year. Last year, it was 725 votes.

If you have a preferred slate of candidates, share them with every voting member you know. Do it quickly after the ballots arrive in your mailbox, or those folks might throw their ballots away. Just like in a political race, a personal endorsement from someone a gun owner knows or respects can carry a lot of weight. In fact, in a race like this where many of the candidates are unknowns, these endorsements make a much bigger impact. It’s why we try to highlight our absolute favorites on the ballot each year. (We vote for more than we list in our endorsements, though usually not for a full slate of 25.)

The NRA Went Down to Georgia

Not too long before Charlie Daniels came up to Charlotte to play for the NRA Convention, a controversy erupted in the State of Georgia over NRA’s action on two recent bills which are currently awaiting the signature of Governor Sonny Purdue. It took me a while to blog about this, because the issues are complex. It takes time to research the statutes, read the both bills, the amendments and changes. All this while trying to find out how the lawmaking process in Georgia works, trying to understand Georgia Law, and getting NRA’s side of what happened.

The accusation, which appears to be leveled by GeorgiaCarry.org, and appears on GeorgiaPacking.org goes something like this:

The NRA was actively sabotaging SB 308 all night tonight. I witnessed this firsthand. They tried to amend it with something that they believed would draw a Governor’s veto. When that failed, they began telling lies about the bill to politicians and the press. I could not believe what I was seeing. I was spending hours running around correcting NRA lies about the bill.

Then Senator Steve Thompson took the well and said what everybody knew, that the Senators had “cover” to vote against the bill, in spite of GCO’s letter letting them know we are tracking their vote, because “The NRA opposes this bill.”

Except that NRA was supporting this bill from the beginning, as early as March by public record, they even released this letter to the bill’s sponsor to me showing their support for the bill from the beginning. Currently they are urging Purdue’s signature on the bills as finally passed. If this is what NRA opposition to a bill looks like, I’d hate to see what support would be by this standard. Chaining the Governor to a desk with only their bill and a pen, in the hopes that he’ll sign before deciding to gnaw off his leg? The fact is, NRA has supported this bill from the beginning. So what really happened? Here’s what my research into this matter has revealed.

When SB308 went into conference, the conference committee’s first report stripped the airport language out of the bill, which made NRA none too happy, and they asked that it be put back in. Despite the fact that detractors have pointed out that both bills contain language to fix the airport problem, what they seem to have overlooked is that SB308 strikes the portion of the law that SB291 amends with the airport language. If you pass SB291, and pass SB308 without the airport language, you don’t clearly get airport carry in the final result.

The second conference report still did not contain the airport language, and included language from the Georgia Realtors Association, but no one wanted to say what that language was. Given that GRA had caused problems on the parking lot bill of last year, this was cause for concern about their language being in the report. NRA asked that the language be removed. It was not, and NRA did not discover what the language was until the conference report actually came out.

Now the key bit of information here is that when you’re dealing with reports from a conference committee, you can’t propose amendments. It’s not just a matter of asking them to stick something back in. All you can do is demand that the report be voted against, reconvene the conference committee, and get them to vote on a new report. That’s easy to do when you have time, but this was all happening on the last day of the session. The second report wasn’t issued to Senators until 9:25pm. It has to be on their desks for a least an hour before there any action on the bill. Adjournment was at 12am, and then the session would be over for this legislative year. That meant a very frantic push to try to find out what was in the bill, what changes were made, the impact of those changes, and whether or not they were bad enough to warrant demanding Senators vote down the conference report, which very well could have killed the bill for the session. I’m going to guess that while NRA was evaluating the language, they were making preparations for having to kill the bill if the language turned out to do something awful. But in the end they made the judgement call that it was good enough, and supported the bill moving forward to final passage. This would have seemed very confusing to someone who did not have a clear picture of what was going on, which presented some of the anti-gun Senators with opportunity to spread a little FUD around.

So basically, what Georgia’s “no compromise” group is complaining about, at its root, was that NRA seemed willing for a while to kill the bill rather than compromise. I am completely fine with legitimate criticism of NRA — they do make mistakes — but so much of the criticism out there is barely researched nonsense. GeorgeCarry.org is striking me as one of these groups trying to boost itself up by tearing others down. I hope I’m wrong about that, because SB308 is not a perfect bill. There will be more legislating that needs to happen next session. I sincerely hope that GeorgiaCarry.org acts in good faith when that time comes. We do better when we work together rather than trying to tear each other up.

Keep it Classy, Daley

I have no idea how the people of Chicago can keep re-electing this idiot. Aside from hoping something bad to happen to one of our Supreme Court justices, he offers to shove a recovered gun up a reporters backside.

How does it feel to be ruled by a clown Chicago? The only thing more amazing to me is that we elected a politicians who came from this toxic political culture President.

We Have Work to Do

Rasmussen shows that Sestak is ahead of Toomey by 4 points. It also shows that 61% of Pennsylvanians want the health care reform repealed. I have a feeling that Sestak’s numbers are going to drop once people get to know him, but I don’t want to count on that. I like what Xlrq said, “Congratulations, Pennsylvania, you just jumped out of the frying pan. Step two is not to land in the fire.” This is truth.

Brady Oops

Apparently the Brady Campaign made made two big mistakes in the Amicus brief they filed yesterday, including not making sure their attorney was admitted to practice in the court. I guess when you’re getting pro-bono legal work, you don’t look a gift horse in the mouth, but this gift horse is looking a bit lame if you ask me.

GRE Boycott of Marriott is Premature

I’m not going to join in the Gun Rights Examiner boycott of Marriott, because I think Marriott’s interpretation of North Carolina law is plausible, and I think the Examiners are missing the important issues. I’m not going to pretend to be an expert on North Carolina law, and hold out the possibility that there might be case law that validates the Examiners’ position. But people need to understand case law before jumping to conclusions, and calling for boycotts, because it’s not individuals or corporation who determine the law, it’s judges. It is not my purpose here to assert that the Examiners are definitely wrong, but to take folks through the process of understanding how law works. I will leave it to the readers to comment as to who’s right or wrong.

The Examiners are taking one interpretation of North Carolina law, Marriott is taking another. I am not a lawyer, but I know something about Firearms Law, and if I were advising a friend on this matter I would say a Hotel with a license to serve alcohol is a prohibited place under North Carolina law. That’s not the only interpretation, but it’s the safe interpretation. Why it’s safe has to do with how law is made. First, let’s begin with the statute:

§ 14‑269.3.  Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

(a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed.  Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

(b) This section shall not apply to the following:

(1) A person exempted from the provisions of G.S. 14‑269;

(2) The owner or lessee of the premises or business establishment;

(3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and

(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. 

What does “sold and consumed” mean? What areas does that encompass? You can say that’s common sense, but common sense won’t save you from a prosecutor and a judge who hate defensive carry looking to make an example and set some anti-gun case law.

I’ve tried to look for what case law there exists on the meaning of this, but I’ve been unable to find any. There have been prosecutions under § 14‑269.3, but none of them involve anything ambiguous. The fact of the matter is that you can purchase alcohol at the hotel bar, and probably from room service, and consume it anywhere in the hotel. If I were advising a friend on this, I’d be very uncomfortable telling him that the only place off limits from carry is the bar area. The law says “sold and consumed” without specifying a scope for that. Mr. Valone relayed a story about asking the hotel desk whether he could buy a drink from them. It’s a novel argument. Maybe it would hold up in court. But would you be comfortable making that argument in court before a judge and jury? Because that’s the only way you can settle things like scope and meaning.

Marriott may not have been entirely correct in how they are framing the issue, because I doubt their PR flack is familiar with firearms law. And the Examiners are quite correct that North Carolina law does not require posting on the premises, but Marriott’s assertion that it is unlawful to carry anywhere in their hotel is not an unreasonable interpretation of North Carolina law. If they don’t wish to have their customers arrested and prosecuted, then posting the legal requirement is not an unreasonable action on their part. If the Examiners can show me some case law that shows that the scope of the prohibition is as narrow as what they say, then I’ll relent. But until then I’m going to suggest that a boycott is premature, and their energies would be best sent in the direction of Raleigh, where pressure could be put on the people who actually have the power to change this bad law.

UPDATE: I should probably also address the issues created by § 14‑415.11. I do not believe anyone who was carrying a firearm in the building, unaware that they had posted signs, is going to be liable for a crime. The statute itself requires “conspicuous notice” and when conventioneers entered the hotel, no notice was present. Their adding notice after folks were already in the building doesn’t amount to notice per this law. Generally speaking, you need to be aware you’re committing a crime in order to be charged under it (with some exceptions). You’re on much much firmer ground here than you would be if charged under § 14‑269.3. If GRNC had wanted to, could it have bought alcohol from the Hotel for their GRNC event and had it delivered to that room? Drank it there? I’ll bet the answer is yes.

UPDATE: Howard Nemerov notes that his local Marriott hotels seem to follow state law. The question is what corporate policy is. If they banned concealed carry, I would jump on board with not doing business with them, but following local law is reasonable, and after doing a bit more research on North Carolina’s ABC statutes, it’s illegal to carry in a hotel in North Carolina that has a liquor license for on-premises consumption, which is most halfway decent hotels. Interestingly, if it was a hotel with an attached restaurant, you’d probably be fine, because you can’t legally take alcohol out of the restaurant and drink it (except at home or in your hotel room). But if the hotel has a bar, you can’t really carry.

UPDATE: They may be required to post, if you look at this section of North Carolina’s liquor laws.

It shall be unlawful for a permittee or his agent or employee to knowingly allow any of the following kinds of conduct to occur on his licensed premises: […]

(3) Any violation of the controlled substances, gambling, or prostitution statutes, or any other unlawful acts.

This is not an explicit demand to post signage about concealed weapons being prohibited, but I could see a lawyer believing that posting was the safe route. If they allow unlawful activity to occur in their hotel, they could jeopardize their liquor license. I’m going to admit this is a stretch, but corporate lawyers are notoriously cautious about exposing their employers or clients to risk.

GOP Going After Carolyn McCarthy?

This is promising news. Jacob talks about the fact that she’s actually in a district that could easily elect a Republican, it’s just that, much like with my district, the GOP is fragmented and disorganized, and has run bad candidates. Maybe this is the year. If they have a stab I hope they take it. It would be nice to get Carolyn “The shoulder thing that goes up” McCarthy out of Congress.