February 2013 – Page 12 – Shall Not Be Questioned

Third Circuit Shoots Down Challenge to One-Gun-a-Month Law

Decision here. It’s important to know this was not a Second Amendment challenge to one-gun-a-month, but rather a challenge based on an obscure provision in federal law that preempts the states from prohibiting air guns, and New Jersey law treats air guns identically to firearms. The court held that the rationing does not amount to complete prohibition, and thus is not preempted:

Because the One Gun Law regulates but does not prohibit the sale of B-B and air guns, it is not preempted by Â§ 5001(g)(ii).

ANJRPC also challenged the exemption process, as a violation of due process, since the exemption is impossible to obtain.

We also reject the Appellantsâ€˜ claim that the implementation of the exemptions violates due process. The District Court declined to exercise jurisdiction over the state law claims after it dismissed the federal claims. Because we affirm its dismissal of the federal claims, we hold that the Court properly declined jurisdiction over the state law claims.

This will likely be spun by our opponents, but it was a novel theory to attempt to defeat the gun rationing scheme, and it is wholly inapplicable to other states, which do not regulate air guns as New Jersey does. It also means nothing in regards as to whether such a rationing scheme is constitutional per the Second Amendment.

Joe Biden Preaches Gun Control in Philly

While joking about how he’s not running to become Pope, Joe Biden decided to lecture tv viewers and newspaper readers about how banning commonly owned firearms isn’t a violation of the Second Amendment. I say he’s lecturing at media consumers rather than speaking to the public because Joe Biden wouldn’t release details of the event location or time to the public, nor were mere citizens allowed to attend the so-called roundtable on gun control.

One tactic the Vice President is using is to redefine the understanding of the Second Amendment. See, there’s his “legitimate right to bear arms” which doesn’t include semi-automatic rifles or common handguns with 15 or 17 round magazines. Then there’s the “illegitimate right to bear arms” that isn’t worth mentioning because, well, those people who oppose the White House are simply illegitimate.

But Biden isn’t the only one speaking out. Likely gubernatorial candidate Rep. Allyson Schwartz is in attendance and joining the push for a gun ban. Rep. Bob Brady, head of the Philadelphia Democratic Party, highlighted how proud he is of his F rating from NRA. Rep. Chaka Fattah says we can’t allow people to own semi-automatic rifles at all.

I find it telling that while Joe Biden banned citizens from attending or asking questions, the White House reached out to an anti-gun advocate to attend so she could play social hour with political reporters.

Bring Out Your Dead

Early voting is beginning for the primary to determine the candidates for the seat previously held by Jesse Jackson Jr. Since this is a D+32 district, the Democratic primary is basically the election. For those in Illinois, Debbie Halvorson is a pro-gun Democrat, and is enough of a threat that Bloomberg is dumping a million dollars into the primary against her. The Chicago establishment is backing Robin Kelly. Bloomberg is dumping this kind of money both to help ensure a favorable outcome, but also to send a message. It is only a lot of hard work on our part that is going to successfully counter-balance Bloomberg’s heaps of money. If you want to keep your gun rights, the time for passivity is over.

Hey Rick, You Know How These People Vote, Right?

Hey, just what Texas needs: more California voters. This has worked out real well for Oregon, Nevada, and other western states who’ve seen huge influxes. You know, they don’t start voting red just because they move, Rick.

The Bluing

Here’s a picture of Joe Biden’s gun control shindig in Philadelphia. You will note Attorney General Kathleen Kane and Alyson Schwartz seated near him. Alyson Schwartz is preparing to run against Tom Corbett for Governor. Alyson Schwartz is a leader on gun control. This is going to be it folks. One reason we aren’t worrying too much about Pennsylvania right now is because Governor Corbett came out early and said gun control wasn’t going to be a solution in Pennsylvania. If Schwartz wins and denies Corbett a second term,Â the game will be over for gun rights in Pennsylvania. Philadelphia and the far-left coalition that controls the near suburbs will control the state. The House Republicans will probably try to hold the line for a while, but that won’t last long term. Corbett has to win, and we need to pull out all of the stops to keep him in office for another term.

California’s First Gun Control Law

This was hiding out in the far reaches of my tabs, but this article by Clayton Cramer in America’s First Freedom is well worth reading. The primary motive behind the new law was racism. The law was so poorly received it was repealed a few years later:

Less than six years after that editorial from The Daily Alta California in support of the conealed weapons ban, the same newspaper ran an editorial arguing that the law was both impossible to enforce and unconstitutional because it violated the Second Amendment …

But I thought the notion that the Second Amendment was a fundamental, individual right was invented by the NRA in the 1970s, and sold to the rest of us stupid, unthinking yokels who can barely read, let alone know history?

Democrats See Opportunity in 2014 on Guns

Up until recently, it was an issue so toxic that it was not to be touched. In Obama’s first term, he avoided the issue for the most part. Now that he’s won re-election, gun control is a winning issue again:

Democrats see potential Republican opposition to the gun control push led by President Obama as jeopardizing the GOP’s appeal with voters in suburban districts, the very seats Democrats are focusing on in their bid to regain the House majority.

This was the same theory that they touted in 1994. It wasn’t true then, and it certainly isn’t true now. As Glenn Reynolds notes, commenting on this WaPo article, this is a “Self-inflicted wedge issue.”

A Movement of Old White Men

So Glenn Reynolds notes, along with a New York Times article that highlights the growth of women in the movement. Now to be fair, there’s plenty of old, white women in the gun control movement too. I’ve long pondered whether our success was a result of previous generations of culture warriors dying off, leaving behind younger generations that don’t care as much for the practice.

Going Soft

You could bowl me over with a feather:

â€œA coalition of House Republicans is willing to thwart theÂ National Rifle Associationâ€™sÂ opposition to broadening background checks for U.S. gun purchases. That may beÂ President Barack Obamaâ€™sÂ best chance for advancing tougher gun regulations this year. Â RepresentativesÂ Patrick MeehanÂ andÂ Michael FitzpatrickÂ of Pennsylvania are among Republicans expressing openness to expanding the background-check system, including mandatory screening of buyers at gun shows â€¦â€

I guess we have some more writing to do around these parts. They are betting on not being as bad as the other guy.

The coalition of House Republicans is probably no larger than 40, according to advocates of tighter gun restrictions, though it may grow once such measures advance in Congress.

Forty is a larger than the margin, though the Dems won’t all be together on the issue. The margin is 32 seats the GOP holds over the Demcorats.

h/t Jacob

The Scarlet License

Kathy Jackson of Cornered Cat fame, in the comments, floated an idea that I think merits some discussion:

Try this: they want to keep criminals and prohibited people from having guns.

We want to be sure that good people can always get guns without bureaucratic delays or mistaken denials.

The only way to meet both these demands is to refuse universal background checks while keeping a closer eye on prohibited people.

I suggest adding a prohibited stamp to the driver’s license of anyone who cannot legally buy or own a firearm. The seller should always check the buyer’s ID when they sell a gun. If the prohibited stamp isn’t there, they’re good to go. Jot down the date and the DL number, and you have your proof of a background check — without bureaucratic nonsense and with no possibility of registration.

No registration required. No bureaucratic bottlenecks.

The big problem you’re going to have with something like this is implementation. The federal government doesn’t control drivers’ licenses, the states do. What’s more, as the Supreme Court has stated in Printz v. United States and more recently in NFIB v. Sebelius, the federal government can neither commandeer state officials, nor can it coerce states. The only policy option that federal government has is enticement. So in order for this to work, it would require the cooperation of all 50 states. You likely can’t threaten highway or other funds if the states do not cooperate, given the ruling in NFIB. The only federal policy option would be federal licensing, but let us agree to not even go there.

Currently you have to produce some kind of state-issued identification to purchase a firearm at retail, and most private sellers will ask as well (to insure you live in the state). So if such a system were be put in place, and all paperwork and NICS checks eliminated, it would be a better option than the status quo. However, I do not believe the gun control advocates will go for this, because background checks are how the issue is sold. Background checks sound like a great thing to a lot of Americans, and it polls well. The primary purpose of banning private transfers is to implement a universal registration scheme through the 4473. Registration has never polled as well.