The Foundation for Defense of Democracies says they are “dedicated exclusively to promoting pluralism, defending democratic values, and fighting the ideologies that threaten democracy.” It doesn’t say anything about being an organization dedicated to promoting and defending due process before depriving people constitutional rights. That’s good, because it they said that, they’d be hypocrites. I’ll leave it to the readers to decide whether that fundamental principle is among the “democratic values” that this organization claims to defend.
Month: May 2011
Challenges to California “Assault Weapon” Law
SAF is filing a suit in federal court in California challenging the state’s assault weapons ban. The challenge appears to be for vagueness, which are notoriously difficult, but not impossible to win.
“California attempts to make a distinction among firearms where no natural one exists,†noted Calguns Executive Director Gene Hoffman. “The generic definition of so-called ‘assault weapons’ was simply an attempt to prohibit possession of guns that look scary.â€
Plaintiffs are represented by attorneys Don Kilmer of San Jose and Jason A. Davis of Mission Viejo. Kilmer said the case is indicative of the way things have become in California.
“Now that the right to keep arms has correctly been recognized as fundamental and applicable to California,†Kilmer said, “gun owners can’t be faced with the practice of ‘arrest them first and let the courts sort it out’ for exercising constitutional rights. That is just how things are done in our country.â€
Combined with the Second Amendment, this could be a winning argument. I would think the trick is to try to get the Courts to say two things. One that a law governing a fundamental, constitutional right cannot be worded so vaguely, and/or that laws can’t be passed that serve the purpose of frustrating the lawful exercise of that right, or making it too legally risky. That would be a huge win if they would rule along those lines.
New Billboard Along Mass Pike
There are a big lie by omission on John Rosenthal’s latest billboard design near Fenway Park along the Mass Pike, but then again, our opponents have never been able to sway public opinion by being totally honest. They have to make it seem like everyone’s trading guns in an open air arms bazaar despite federal laws mandating background checks, along with a number of state laws.
But hey, when your argument can’t stand up to open debate, what are you going to do?
Bucks County Repeals Guns in Parks Ordinance
A local Bucks County resident by the name of Ken Richmond decided to challenge Bucks County Commissioners that their ordinance banning firearms in county parks ran contrary to state law. They agreed and repealed it. While these ordinances have been unlawful for at least twenty years, it good to get the blue laws off the books, regardless. I’m not surprised the Daily News managed to get a jab in by asking picnickers to avoid shooting the ants, as if anyone lawfully carrying a firearm is just a loose cannon waiting for the right excuse.
It’s the case that a lot of counties ban firearms in their parks, contrary to state laws which prohibit local governments and municipalities from regulating on this subject. I never recommended people obey these ordinances, because hey are illegal. In the event that anyone does somehow managed to get found out, and get a fine, it would be a relatively easy matter to challenge it and prevail. Preemption in this field is well established law in the Commonwealth, and the case law is pretty black and white.
Bias Where There is None
The Daily Caller is reporting about fears that Facebook is showing favoritism to liberal & anti-gun organizations by upgrading their Facebook Groups first while rolling out upgrades. But, you know, research is handy here.
Facebook’s managers are deploying a new software upgrade that will dismantle myriad groups of like-minded political activists unless they get a special software-key from the company.
But Facebook manager are providing very limited information about which groups are being favored with the new key, prompting some activists to complain about possible political favoritism among Facebook managers, and many other activists to experiment with techniques and tricks to get the needed upgrade-key. …
The Brady Campaign to Prevent Gun Violence got the upgrade for its 1,000-member group. “We changed over very smoothly,†said David Churchill, the network-manager at the D.C.-based gun-control group. “We just basically clicked the upgrade button, checked it over, and we have a tremendous increase in participation,†he said.
You mean they are choosing to upgrade anti-gun groups over gun groups? OMG! Bias!
Except NRA uses Facebook Pages for their public outreach.* Oh, and the first upgrade notice I got as a group member? From the Virginia Shooting Sports Association – the state’s NRA-affiliated association. The second? When I, as a member, put in a request to the NRA EVC group to upgrade. They did the very next day and participation has exploded!
So, yeah, bias, not so much. But that doesn’t make nearly as exciting a headline – Facebook does rolling upgrades for groups & doesn’t clearly communicate the upgrade timeline!
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An Interview with David Keene, NRA President
This is his segment from Washington Journal last week. The first questions may seem a little odd, but they are a bit of a bridge from the host’s previous topic about candidates and their personal lives.
He emphasizes the role of women in the organization and he discusses how NRA members vote on the Second Amendment so they don’t have to spend as much as in elections. He is accused by the second caller of buying Democratic votes instead of actually having the support of Democrats. Keene, even though he is associated with the right, is great at outlining how the Second Amendment spans party. I could outline everything, but I won’t. He flat out tells a gun owner who supports banning magazines that he’s wrong. I love it. Just listen for yourself.
At the 2A Blog Bash in Pittsburgh, participants had a chance to sit down with Keene at our breakfast with Tom King. I don’t just mean that he came by and shook hands with a friendly hello. He actually sat down with the group for quite a while to discuss a whole range of issues at NRA – technology, outreach, you name it. He’s a serious guy with a serious outlook on the issues from the political to the programming.
Making the Inevitable Lawsuit That Much Stronger
The California legislature seems to be intent on solving this non-problem in regards to the fact that . There have already been at least two cases in the courts that have dismissed suits against California’s carry provisions, arguing that the unloaded open carry that current law provides for is sufficient to meet the constitutional requirement for the “bear” part of “keep and bear arms.” When these cases are appealed, it’s quite possible that will no longer be the case. DC v. Heller strongly implied there was a right to bear arms outside of the home, though with a wink and a nod that the states had a fair amount of leeway in regulating the manner in which firearms may be carried. The courts in the California cases have clung to the last legal avenue available, which the California legislature is moving speedily to close. This should be interesting.
A Blast from the Past
Thanks to Dave Hardy for highlighting this article about NRA from the 1990s. I can’t say I recall these years, since at the time this article was written, I was just taking my drivers test to get my license. I was sixteen and had bigger fish to fry. But I’ve heard from others that the days of J. Warren Cassidy were dark ones for NRA. But reading through the article, you get a sense of a much more engaged membership than exists today. Most of NRA Annual Meeting these days is political theater. In a lot of ways it’s a good thing not to have endless strife, and have factions struggling against other factions, but to a large degree I think NRA members have largely forgotten it’s a membership driven organization.
The Libertarian’s Choice
Ilya Somin likes Gary Johnson over Ron Paul. I heartily agree with Professor Somin, for many of the reasons he outlines. Â Gary Johnson got on my radar screen, when after finishing out his second term as Governor of New Mexico, he proceeded to question the wisdom of the War on Drugs, calling it “an expensive bust.” In short, I think Johnson might be all the wookie we’re looking for, but without the suit.
I am concerned about his name recognition problem and his ability to raise money.
Flashbang Bra Holster Review
After posting my initial thoughts on the Flashbang holster based on photos & a video, Looper Brand contacted me about reviewing one in person. I figured I would give it a try.
The First Trial – Solids & Retention
The night I found it on our doorstep, I didn’t have the energy or time for a full trial, but I wanted to try it out. We quickly found out that I needed to move up to the longest suede strap for the bras I normally buy. It’s not the end of the world, but it suddenly made me feel like the restrictions on carrying this piece would mean sacrificing the kind of bras a woman prefers to wear. (It is worth noting that Looper announced in the accompanying press release that they will make & sell you custom lengths for your bras should you need them.) The strap is reasonably easy to change, so that’s a plus for any woman who does choose this method and owns more than one style of bra.
I was wearing a ladies t-shirt in a solid color, and Sebastian said he could tell from some angles that something was there, but he could not tell that it was a gun. We also experimented with drawing it, and it was easier than I thought it would be. They describe the holster portion as “thermo-plastic molded clamshell designed to snap in place over the barrel/slide and trigger guard of many small .380 pistols and j-frame revolvers.” Snap indeed. It’s different than anything else I’ve drawn from, so I would suggest that any woman who buys it practices some dry runs.
On the note of the holster, we did have a bit of concern when our first several attempts to put the gun in the clamshell actually moved the slide. That’s just not a sound you really want to hear when you’re talking about a holster under your breasts. However, as I was told by the company, it’s not advised that you holster the gun while you’re wearing it on your bra. Put the gun in first, then attach the strap to your bra. So it’s not really a concern after all, but just something that initially caught our attention.
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