More on the Guns Laws of the Old West

A quite excellent post from Extrano’s Alley that quotes several books which suggest that gun control in the old west was, at best, selectively enforced, and generally speaking not enforced at all. I think that would suggest, again, at best, that law enforcement in those towns used it as a tool to lock up troublesome outsiders.

I’ve also heard, anecdotally, from people who lived in the South prior to the advent of shall-issue laws, that carry laws were generally not terribly well-enforced there either, and it was common practice for law enforcement to look the other way if the gun you were carrying wasn’t some cheap piece of crap more commonly carried by criminals rather than respectable folks. It would be interesting to study, given that gun control laws were mostly passed in order to keep undesirables (who varied a bit depending on where you were in the country) from carrying, whether the advent of the shall-issue concealed carry movement came about when those laws started to be more more equally and fairly enforced.

Brady Jobs Program

Kaveman notes they are looking for a few good (wo)men. Concentrating on building grassroots is the top priority of their next President. I hate to break to the Bradys but grassroots are generally a bottom up thing, not a top down thing. NRA exists from the bottom up. It did not create its grassroots, it’s grassroots created it (or took it over, more accurately). I don’t predict Brady will have much success in this, because they are going about it wrong. The big disadvantage they have over us is that anti-gun is not a hobby. Shooting is, and one that is practiced by millions of Americans. That gives a natural base of support on which you can build a grassroots-based movement.

What, strategically, are the Brady’s are facing? They need grassroots, but they are also desperate for funding. There are communities who would probably be natural sources of anti-gun activism and energy, but those are going to tend to dwell in inner cities and aren’t going to be worth much as sources of funding. The natural source of funding for anti-gun groups are going to be upper middle class to upper class urbanites and suburbanites, who honestly don’t have much in common with the folks who will end up being the organization’s public face when it comes time to put people on the ground. Brady’s natural funding reservoirs are more interested in gun control as a means of battling other elites, who’s political attitudes and lifestyles they find revolting, than they are interested in allying with inner city leaders to combat violence in those communities. To maintain themselves, the Brady Campaign will have to seek fewer donors with deeper pockets, probably drawing heavily from the issue friendly foundations, who would be happy to fund an inner city grassroots anti-gun/peace movement. There may even be a few wealthy individual donors out there who’d be willing to contribute money. But my feeling is the Brady Campaign is not going to be any more successful with this new strategy than they were under Paul Helmke. If anything, I think they will be less successful.

Gun Control in the Old West

Professor Adam Winkler is one of the true moderates on our issue, and though I think comes at this more from the other side, at least takes pro-gun arguments seriously, and makes serious arguments in favor of his position. Such is the case with his observation that some towns in the old west had some fairly serious gun control laws. The professor concludes with:

Even in the Wild West, Americans balanced these two and enacted laws restrictin­g guns in order to promote public safety. Why should it be so hard to do the same today?

Who is to say we haven’t? I don’t think there are too many serious arguments that the prohibitions on felons or the mentally ill possessing firearms are unconstitu­tonal, nor is anyone advancing similar arguments in regards to the instant background check. This is despite the fact that both types of prohibitions are relatively recent practices. Heller pretty much left open the option to ban guns in “sensitive” places, even though the Court poorly defined what those could be.

I don’t find the argument to be that remarkably compelling that because some towns in the Wild West enacted prohibitions on carrying firearms that such prohibitions must therefore be constituti­onal. All manner of rights were likely flagrantly violated in frontier towns in ways that would not meet with constitutional approval under modern standards. I seem to recall hanging horse thieves was a fairly common practice on the frontier, but I would still question whether the practice should inform us as to whether imposing the death penalty for car thieves amounts to a violation of the 8th Amendment. 

Righthaven’s Uppance has Come

I was delighted to start the weekend with this bit of news:

Despite its backing by the billionaire Warren Stephens family, Las Vegas copyright lawsuit filer Righthaven LLC warned today it may have to file for bankruptcy because of a series of setbacks in its litigation campaign.

Personally, I think the CEO of Righthaven, and his Stephens Media masters need to be personally ruined for doing what they did. But nonetheless, I find this highly satisfying.

Castle Doctrine Hysteria

From the Philly Inquirer:

When Gov. Corbett signed a law June 28 expanding the right to use deadly force outside the home, gun-control proponents predicted every thug would have a new defense to pulling the trigger.

It didn’t take long.

Just eight days after the new “castle doctrine” law took effect, it has been raised in the defense of a North Philadelphia man charged with killing a neighbor over $100 owed in the purchase of a pit bull puppy.

Of course, they are going to raise self-defense, since that’s one of the main defenses used against the charge of murder. That was true before castle doctrine, and it’ll be true after. The way they continue to describe the case, it looks like a pretty run of the mill self defense claim. In this case, Johnson was threatened by several men:

Cruz testified that Jetson Cruz asked Johnson why he threatened Samantha, then shoved him, and that “Lydell pulled a gun from his waist and started shooting.”

That’s likely going to hinge on whether he had a reasonable fear of imminent death or grave injury, rather than a duty to retreat. Multiple attackers against one can be reasonable under certain circumstances. The Inquirer is making mountains out of molehills here. This is a fairly ordinary self-defense claim, and I don’t think Castle Doctrine is likely to pay a big role in it, or a role at all.

We’re Not Indifferent …

… to gun violence. Only to hysterical individuals like our opponents who lately seem to be following the old adage of “When in trouble or in doubt, run in circles, scream and shout.”

As quoted by the Associated Press he said the way the bullets come out of those AK47s is scary.

I don’t know about you, but if it’s aimed in my direction, the way bullets come out of any gun is scary.

That contention is that with everyone loaded for bear, we would stop a lot of these unwarranted attacks on civilization. Right! What the man who might have been a hero did is follow an instinct that nine out of ten other persons in his shoes would. When under assault by superior firepower, the best solution is to duck and run for the nearest cover and stay there.

He was not under assault. He was in his BBQ joint across the street. None of the people who were under assault were armed.

When he was through, he came outside and further demonstrated his prowess by spraying bullets through shopping center windows before killing himself as the police arrived. That brought the gun’s total for the day to four including the shooter. Not terribly impressive considering what those things can do.

That’s because all guns do is fire small bits of lead at extreme velocities. It’s the killer’s tactics that make the big difference, and if the killer has good tactics, he can easily accomplish his feat with matches and gasoline if that’s all that’s available. What keeps body counts down in this situation is a fast response by other armed individuals, such as the police, and the incompetence of the shooter at target selection.

How’s that for action Wayne La Pierre? For the un-anointed in the gun religion, he is the chief heat packer for the National Rifle Association and its followers. You know those who oppose any reasonable restraint on the dissemination of firearms here and across borders like Mexico unless they can find a way to use the issue to beat up on law enforcement.

The dismissal of the Fast and Furious scandal tells me that Dan K. Thomasson doesn’t give a whit about gun violence either. None of them do, and you’re a fool if you believe the facade. Guns are icky, and we have to get them out of society. That’s what they stand for. Nothing else.

Brady Exploiting 9/11 Anniversary for Political Gain

You’d think the anniversary of 9/11 would be above political posturing, and should be about remembering the victims, rather than pushing a political agenda, but pretty clearly the Brady Campaign does not think so. Have they no shame? Pushing bills after a high profile tragedy is standard operating procedure for the Brady folks, but it’s hard fathom anyone could think attempting to usurp the tenth anniversary of 9/11 for political gain is anything other than disgusting.

And they wonder why they no longer have the pull with the main stream media they used to. I don’t think even the left-leaning media would want to touch a story that would appear to try to divert attention away from the tenth anniversary of a huge national tragedy to focus attention on a group’s public policy agenda that is not even remotely related to that tragedy. This is really shameful.

Republican Debate

I did not watch the debate, but Clayton took a look and analyzed the transcript. I’m not even really going to read the transcript, because paying attention this far out of being able to vote is just too depressing. If I had to put money on the primary, this will end up a race between Perry and Romney. I’m not sure how much of a dog I have in that fight. Truth is, I’ll get behind anyone who’s name isn’t Barack Obama in the general election, but neither Perry nor Romney get me excited. I’d generally give an edge to Perry, since Romney is a serial panderer who can’t be counted on. All politicians paint a bit with that brush, but some make a high art of it. Romney is that type of politician.