An Exercise in Futility

Here’s some great advice found at Gun Nuts Media to so-called gun store “lawyers” who don’t really know anything about the law, but still use their lack of knowledge to scare off new gun owners: “shut the ***CENSORED*** up.”

Seriously, the entire post is worth a read, even though encouraging these people to shut their traps may ultimately be an exercise in futility. He highlights a story from a friend who “learned” from his local gun shop “expert” that in all circumstances, pulling a gun on anyone more than 21 feet away is a felony in Virginia. This may be news to Virginia legal experts who know nothing of this mysterious 21-foot statute.

Another instance he cites is a concealed carry class instructor who scared off his hairdresser who is sometimes alone at night with her young children from ever keeping a gun accessible. One of the tips that the hairdresser learned from her oh-so-helpful instructor is that she should not pull a gun on an armed intruder who successfully breaks into her house since it’s a possibility that even though he’s armed and has broken into a house with a woman and children home, he might not actually be there to do them harm. He might just want to steal the TV, so she should just let him do that and not get her gun.

There are other good examples in refuting these claims by so-called experts, so just read the entire thing. But I might suggest that before you do, you put a pillow on your desk because you’ll need it to cushion the blow when you want to beat your head against it – repeatedly – to make the stupid go away.

Minor Federal Court Victory

It seems shocking that it would take a federal appellate court to remind prosecutors and district judges that the prosecution should have to prove all elements of a crime in order to gain a conviction, but such is the case of US v. Fries, which essentially rules that prosecutors don’t get a pass on whether or not the parties involved in an unlawful interstate transfer had FFLs or not. They have to prove they did not. From the Annual Law Seminar Facebook page:

This case was supported by the NRA Civil Rights Defense Fund.

A win in the 11th Circuit Court of Appeals involving an undercover ATF investigation at a gun show. The government carries the burden of proof in this statute.

“The plain language of § 922(a)(5) clearly requires the government to prove, as an essential element of the offense, that neither the defendant nor the nonresident to whom the defendant allegedly transferred the weapon possessed an FFL at the time of the transfer.”

I say it’s a minor victory, because it just seems obvious. If this had gone the other way, the courts would have essentially rewritten the law to create a new crime that Congress did not. A minor victory, but one that avoided a major loss. What’s shocking is how many anti-gun people don’t think we have any kind of point with this stuff. The ATF and the US Attorneys can do no wrong, and there’s nothing too horrible that can be done to the American Gun Owner if it helps save the life of Just.One.Child.

Keeping the Issue Alive

The Washington Post is pretty clearly trying to keep the background check issue alive for the benefit of gun control advocates, as we head into Congress’ summer recess. It’s not just the Washington Post either.

The media is also pretty clearly already prepping the ground to downplay the Colorado recalls, so it becomes a heads we win, tails you lose issue; they come out on top no matter how it goes. That’s why it’s important to follow up with more victories in 2014. The recalls are at best a message. They are right about that. The if we’re going to be rid of these new laws, the legislature will have to change hands.

Lead Meme Again

Probably one of the single biggest threats to gun rights is the attempts to ban lead ammunition over environmental concerns. Since Newtown, the issue has been relatively quiet, but now the meme flies again here, and again here. It’s also being picked up by the regular media.

This is one of the biggest threats to the shooting sports, and gun rights in general, because they have a reason to essentially ban affordable ammunition for a reason that isn’t merely a desire to eliminate civilian gun possession. Additionally, again, it’s an issue where even a lot of gun owners aren’t going to understand the issues involved, especially when our opponents are lying about the alternatives being cheap, easy, and perform the same.

Most ranges these days are doing some level of lead reclamation. The mechanics of reclaiming lead aren’t complicated, and the economics favor doing it, given the high cost of copper and lead these days. But I believe it’s going to be a difficult issue over time. In this issue we face a trifecta of anti-hunting groups, anti-gun groups, and greens. We face the fact that hunters, generally speaking, can be incredibly self-destructive and quite vulnerable to divide and conquer tactics.

Especially since gun control has been failing, when pushed through traditional methods, I expect the lead issue to become a serious push moving forward. This all started because California Condors were showing up with lead poisoning, which wildlife advocates quickly blamed on lead ammunition fragments being eaten from carrion that had been shot and gutted by hunters. California moved to ban all lead ammunition from condor territory. Now they are moving to ban all lead ammunition in hunting anywhere in California.  A key thing to watch is whether lead poisoning among condor populations drops. So far, the ban has not reduced incidences of lead poisoning in condors. Nonetheless, the proffered explanation is the ban does not go far enough. Tell me if you’ve heard this one before?

MAIG Still Stepping in It

First they read the name of Terrorist Kabalamov, or whatever the bomber’s name is, and that caused a media sensation that seems to have caused the media cycle to shift decidedly against MAIG’s favor. Now MAIG is saying that someone coming at you with an axe handle isn’t armed with a deadly weapon. His argument seems that if someone doesn’t have a gun, you’re not justified in using a gun. This seems to have been a bit much even for Chris Matthews (h/t SayUncle).

So MAIG is endorsing the “proportional force” standard, generally employed in countries where self-defense is effectively unlawful. Be a man! He pulls a knife, you fight him with a knife. He pulls a baseball bat, well, do some grappling and hope you don’t get your skull bashed in. Fortunately, proportional force is a relatively extremist viewpoint few Americans agree with, and this is a big reason why.

Media Spinning Colorado Recall Elections

Media spinning the recall elections in Colorado as “phony.” Expect this to continue. A lot of them aren’t even mentioning his vote on gun control, and it’s being downplayed. WaPo doesn’t like how recall is being used. Funny, did they feel the same way about the Scott Walker recall? Why no, they didn’t.

What’s funny is I’m sure that the Colorado Democrats are now dutifully studying the Scott Walker playbook on how to beat a recall. All this could have been avoided if Morse and Giron had listened to Coloradans instead of taking orders from the White House and Gracie Mansion.

Gun Control Advocates Who Don’t Trust Bloomberg

Who can you trust to promote gun control? Apparently not Mike Bloomberg, according to folks who would like to at least see some gun control.

But there is another face of gun control that is much less trustworthy. It is a face which gun rights activists believe represents wholesale registration and eventual confiscation. That face belongs to Michael Bloomberg, mayor of New York City, who is also the money behind Mayors Against Illegal Guns. This group made headlines recently for using a list of supposed gun victims, but which included killers like Tamerlan Tsarnaev, one of the Boston Marathon bombers.

I almost have to wonder if someone pitched this editorial, and whether this represents infighting within the gun control movement now that they have accomplished nothing at the federal level in the wake of Newtown. Conceptually and strategically, I think MAIG has been a stronger opponent than the other gun control groups, at least in the last decade. But they are definitely saddled by the fact that Bloomberg isn’t a very likable or charismatic figure, and is easy to demonize.

Happy Tuesday: News Links

Any day where the dew point is under 50 and the high is only supposed to hit 82 is a good day in my book, so with the servers being kept cool with fresh outside air, here is the news:

Hey, gun people are everywhere. What’s more important is for other people to realize that.

Connecticut is going to talk about weakening their self-defense laws even further (they already have a duty to retreat).

Dave Hardy takes another look at the racial implications of SYG. Not the narrative you’ve been hearing in the media, is it?

Josh Horwitz of Coalition to Prevent Gun Ownership hates logic.

Does MAIG support sexual harassment?

Joe gave me a scare for a bit, but it raises a good question of how many of us have first aid training? I admit to being deficient in this area.

Good to see folks had fun at the Northeast Blogger Shoot. I went shooting in New Hampshire once, but the journey through Mordor has only gotten more perilous.

Destroying gun control as a political movement is our end game. To do that, we have to make it a toxic issue for both parties. We have succeeded, largely, in convincing many Republicans. Now the Democrats have to be freshly punished for their late transgressions. Maybe then they’ll finally get it for good.

The Brady Campaign gets one of their lawsuits tossed. I’m sure it was helpful for fundraising letters while it lasted. Eugene Volokh has more on the lawsuit getting tossed.

Expect the antis to keep pushing this concealed carry insurance mandate. Anything to drive up the cost and deny the poor the same rights the 1% have. They even have a blog.

Senate Democrats have abandoned efforts to pass a law this year. This has the right people very upset.

NRA is appealing the 18-20 year old gun rights case to the Supreme Court. I’ll be surprised if they grant cert on this, but anything is possible.

Smith & Wesson employees seem particularly worried about the prospect of more gun control in Massachusetts. They should be worried. The left has shown that gun control fantasies are more important to them than good paying jobs.

Second Bite at the Apple for CCW in New Jersey

After failing in the federal 3rd Circuit, the Second Amendment will have another bite at the apple at the New Jersey Supreme Court. I don’t expect this to go differently than in the 3rd. I’ll be shocked if it does. Most likely the NJSC wants to revise their now antiquated collective-rights ruling to be one which recognizes the Second Amendment as being a fundamental, inalienable right that doesn’t mean anything, so don’t get any ideas, peon.

As a side note, though somewhat related, if I could pick one fact to drive into the brains of gun owners around the country, it’s that the Second Amendment doesn’t fundamentally mean anything short of what the robed ones say it means. You’d be surprised how common the “Well, they just can’t do that. The Second Amendment, you see…” like the founding fathers are just going to descend from the heavens and beat some sense back into policymakers if someone gets it wrong. They have no idea how much this game has been rigged.

They Can Add Me to the List …

… of people who are not fans of Chief Kessler. I think his being the public image of this issue in Pennsylvania is more harmful than helpful. In the past few years, I’ve I haven’t been talking as much about what I think is smart activism, versus what I think is just clownish behavior can actually hurt the cause. I’ve heard Chief Kessler speak, and heard what he has to say, and I did not walk away with a favorable impression of him as someone who can carry our message effectively. The news stories since then have not dissuaded me from that view.

In the wake of the Newtown tragedy, we had a strong, local upwelling of pro-gun sentiment that happened relatively spontaneously. After years of trying and failing to organize in various contexts, it was something to feel optimistic about. But as time wore on, the sensible folks who wanted to do real political engagement were pushed out by the clowns and whack-a-doodles, and the crowds aren’t turning out anymore. The potential is there, but it’s not surprising to discover most gun owners don’t really want to engage in loud and aggressive open carry protests and counter-protests all of the time. Every tactic has its limits.

After this groundswell got started, the local politicians were paying attention. Even politicians we never figured would touch the gun issue with a 20 foot pole were at least willing to come see what the buzz was about. Now I’d be surprised if they want to touch the gun issue with a 50 foot pole, especially if they think it’ll mean having to explain their involvement with a group allied with Chief Kessler’s CSF to their largely suburban constituents.

Only about half of households are gun owning, and many of them are completely unfamiliar with the gun culture. They have a difficult time even putting something like IPSC or IDPA into context, let alone something like a Constitutional Security Force. Additionally, it’s always a good rule of thumb is that when even fellow gun owners are put off by your tactics, it’s a signal you might want to rethink what you’re doing. You can hew and haw all you want about how wrong they are, and you might have a point, but at the end of the day you need to bring those people along with whatever you want to accomplish.

There is a very strong strain in the pro-gun community that seems to believe only good intentions matter, and arguing over what makes for effective tactics amounts to a form of elitism. I’ve resisted these conversations in recent years, because to be honest, I haven’t had the time or energy to deal with it. But I’ve watched too much opportunity here in Pennsylvania get sacrificed to clownish behavior in the past few months to keep completely silent about it.

Here’s the cold, hard truth: if we do not manage to keep suburban legislators and suburban voters on the side of, or at the least acquiesced to the idea of civilian gun ownership, Pennsylvania will slowly begin transforming into New Jersey and New York. Attitudes might be a bit different in places like Gilberton, but because of migration patterns in Pennsylvania, it’s increasingly suburban Philadelphia voters who call the shots in state elections. You can’t avoid having to consider what those voters think of you.

And it’s not just suburban voters; suburban gun owners have to feel comfortable being involved. Tactics that alienate and keep them on the sofa are cutting off your nose to spite your face. It takes more than a couple dozen activists with megaphones, banners, flags, and ARs and AKs strung across their chests to defeat a gun control bill, to push a pro-gun bill, or to successfully swing elections. Whether you want to accept it or not, those three things are the meat and potatoes of political action. Anything that doesn’t involve supporting those processes is window dressing.

As a movement, we seem to enjoy window dressing a bit too much these days, and my fear is that’s going to kill us if we’re not careful.