2014 – Page 32 – Shall Not Be Questioned

SCOTUS: Police Can Shoot Someone in a High-Speed Chase

The Supreme Court says that a police-inflicted death penalty for someone who leads police on a high-speed chase is justified. It was a unanimous decision. It’s the law in many cases that police can use deadly force to stop a fleeing suspect , but that’s usually limited to someone who has committed a forcible felony. Pennsylvania’s law, for instance, is the following:

However, he is justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person, or when he believes both that:

(i)Â Â such force is necessary to prevent the arrest from being defeated by resistance or escape; and

(ii)Â Â the person to be arrested has committed or attempted a forcible felony or is attempting to escape and possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless arrested without delay.

You can read more about the case over at Scotusblog. What concerns me is that the high speed chase started when the driver gotÂ pulled over for a broken headlight. This wasn’t the case of a fleeing and dangerous felon. The passenger in the car was killed as well, but her claims weren’t at issue in this case; the Court only ruled about whether the driver’s rights were violated. I would hope the passenger would have a claim.

The New Media Darling

The father of one of the shooting victims, Richard Martinez, is likely going to be someone we’re going to be seeing a lot of. He’s been plastered all over the media ever since the shooting, because he was on the stump immediately demanding gun control and badmouthing the NRA by association its members. I have to admit to being completely dumbfounded by this. When my mother died, I needed some time.Â I have to admit to not understanding people who can charge right into a political debate after losing a loved one.

â€œWhat has changed? Have we learned nothing? These things are going to continue until somebody does something, so where the hell is the leadership? Where the hell are these people we elect to Congress that we spend so much money on? These people are getting rich sitting in Congress, what do they do? They donâ€™t take care of our kids.

My kid died because nobody responded to what happened at Sandy Hook. Those parents lost little kids. Itâ€™s bad enough that I lost my 20-year-old, but I had 20 years with my son, thatâ€™s all Iâ€™ll have. But those people lost their children at six and seven years old. How do you think they feel? And whoâ€™s talking to them now? Who is doing anything for them now? Who is standing up for those kids that died back then in an elementary school? Why wasnâ€™t something done? Itâ€™s outrageous!â€

California has all the things that were proposed after Sandy Hook. All it takes in California is one cop willing to take a person in for evaluation for that person to earn a five year prohibition from buying or possessing a firearm. The shooters parents begged the authorities to do something. They did nothing. He wasn’t even worth a ride to a mental hospital. Because of that, the shooter was able to buy his firearms legally. I get the guy is angry, but his anger is entirely misdirected. He should be asking the authorities in California why they refused to take even the simplest action of taking him in for a 5150.

News Links for Wednesday 5-28-2014

It doesn’t quite feel like hump day this week, since Monday was a holiday, and I started the week on Tuesday in the office. My apologies for the dead air yesterday, but I was too tired on Monday and too busy on Tuesday to get anything up.

California Shooting:

It’s time to stop blaming the NRA and constitution for madmen. The idea that NRA is responsible for this is insulting enough, but it makes it doubly so that they are being blamed for an incident that happened in a state Brady rates as tops, with an A-, and that has a legislature the NRA only has minimal influence over.

Clayton Cramer notes that California already has enough gun laws. Note you don’t see that anywhere in the traditional media. Wouldn’t help the narrative.

The USA Editorial Board pushes the “gun violence restraining order” idea, which would mean your friends who don’t like you or don’t like guns could have your rights removed on a whim. Second Amendment rights at the whim of an angry ex! Yep. Sounds like freedom to me.

WaPo’s Paul Waldman: “Could the California shooting revive gun control?” Only if the conversation includes how everything the anti-gunners claim to want, California has, and why it didn’t work.

The New York Times manages to both propose laws that would have done nothing to prevent the UC shooter, and demonstrate to us that they are indeed coming after our guns in the same editorial. Quite an accomplishment! Remember, no one wants to ban guns, except semi-automatic pistols, semi-automatic rifles, and anything else they think they can get away with.

Democrats introducing more gun control in the house that would have done nothing to stop the UC shooter. You’d think some reporter would question them about this? But they are as eager to drive the narrative as the lying politicians.

Joan Peterson can’t convince me she’s not a prohibitionist. It’s an outright lie to write these things and suggest you’re not about banning guns. Fortunately, the Brady organizations are almost completely irrelevant in the current debate, and Joan is too.

This supposed celebrity I’ve never heard of is a prohibitionist too. But no one wants to take your guns. I don’t know if Thirdpower ever heard of him either.

The Never Ending OC Fallout:

Gun free zones work so well, Jack-in-the-Box has suffered three armed robberies since their decision to ask icky gun people to stay the hell out. We hear you loud and clear. Unfortunately for you, the criminals don’t care.

Things we don’t want to see: stories on why more businesses are going “gun free.” It’s the latest trend!

I don’t know if these guys are rifle OCers, but they got their event booted from Texas Roadhouse. What’s been happening with restaurants and long guns is going to be bad for all forms of carry, and particularly for people who open carry pistols. Restaurants are unlikely to make the distinction.

David Harsanyi of the The Federalist doesn’t think conservatives should boycott Chipotle. I agree boycotts aren’t effective, but if they don’t want me, I don’t want them. The problem with just ignoring all this is that eventually these companies will get bold enough to post, and then we have a big problem.

General Gun News:

Exurban Kevin is hanging it up, but because he got a job in the industry. We congratulate him.

Over at Volokh: More on Operation Choke Point.

“Why I, an avid gun owner, hate Red Jacket Firearms.” I never even heard of this show.

Chris Cox: “We Love Our Moms and Trust Our Doctors, But We Still Donâ€™t Want Gun Control”

Alabama passes hunting with suppressors. There’s good news out there after all!

Author and pro-2A activist Ken Blanchard is running for public office in Maryland.

This is why we need some good evasion doctrine when it comes to the Second Amendment. Most of the stuff these people propose is shamelessly intended to evade the court’s constitutional pronouncements.

The lesson here is that if you find yourself in a position where the police want to take you to the loony bin, go voluntarily. This is especially true if you live in Pennsylvania. Make it clear you are going voluntarily. Make that clear to the attending psychiatrist too that you are there of your own volition. You don’t lose your gun rights if you go voluntarily, and even if they mark it involuntary, you give your lawyer something to work with.

Those Crazy Anti-Gunners:

The problem, Rep. Maloney, is that the same thing that happened with cars also happened with gun violence.

Fortunately, I don’t think anyone gives a crap what college presidents think. I sure as shit don’t.

Sonic and Chilis Still Being Targeted, But No Word Yet

I think this article that appeared on The Blaze document past events, so this does not represent fresh activity on the part of the Texas open carriers, but our struggle to stem the bleeding caused by their foolish behavior continues. These events are likely what roused Shannon Watts to target Chili’s and Sonic:

You know what normal people don’t do? Drag rifles around places with a camera in hand to gauge people’s reactions. So how does acting not normal somehow later translate into making something normal? I don’t know. I have not seen any response from either Chilis or Sonic yet. Sonic is telling anti-gunners they are taking their concerns very seriously:

@SedonaRockss, we hear you. Sonic has historically relied on local laws to guide our gun policies. Given your concern, weâ€™re reexamining.

â€” Sonic Drive-In (@sonicdrivein) May 24, 2014

Sonic is based in Oklahoma City and has its roots in Oklahoma. That they are considering revising policy should be a flashing white hot neon sign that OCing rifles around to restaurants is a horrible, horrible idea.Â Chili’s is also reviewing their policies. These statements were before the holiday weekend, so it’s possible both companies are standing by hoping that Watts and her small handful of followers run out of steam. Let us hope, because the rest of us don’t deserve to suffer for fools.

The California Shooting and Mental Health

I haven’t offered up much coverage of the California mass stabbing/shooting, largely because most everything that comes out early turns out to be wrong, and also the fact that I had a busy Memorial Day weekend, and needed some time to uncompress. It should be very telling to everyone that in Brady A-rated California, the top state in this nation for thorough gun control, their laws still did not prevent a crazy person from getting a gun. California has everything the antis say will fix the problem.

Universal background checks? Check
Very strong mental health requirements for gun ownership and possession? Check
Full registration? Check
Waiting periods before purchasing a firearm? Check
Magazine restrictions? Check

I want to especially focus on the mental health law in California, especially givenÂ Bob Owens piece this morningÂ aboutÂ how California is going to make it easy for your friends or family who may not like guns to deny you your fundamental rights with no due process. They are proposing to make a means for friends and family to petition to have you denied your Second Amendment rights. How many people you know, coworkers, etc, think you’re nuts just because you own a gun?

California already has strict laws governing firearms possession by the mentally ill. They are, in fact, very similar to Pennsylvania’s, though in some sense our law is more strict. Pennsylvania has the 302 commitment, and California has the 5150. Neither require any due process. I can just be a matter of a cop thinking your kooky enough to take you to the loony bin, and the attending physician agreeing to hold you for observation. In California, a 5150 earns you a five year prohibition from your gun rights. In Pennsylvania, it’s a lasting prohibition unless you petition to have your rights restored. But despite all this, someone still slipped through the cracks, because no one with the power to act acted. And, much as we can expect from politicians and gun control whack jobs, their proposed solution is more restrictions on the rights of ordinary people.

How Should Gun Reviews Work?

For those who might not have been following, there’s currently a huge backlash among gun writers overÂ an article that appeared on The Truth About Guns bashing Richard Mann for a review he did of the R51 in NRA’s publication Shooting Illustrated. I’ve never been a fan of propping yourself up by tearing down others, which in my perusing of TTAG is their modus operandi. As I’ve said previously, I think their content can often be very good, so it’s a shame they aren’t better members of the community. There’s also the issue that there might be some personal animosity between the TTAG contributor and NRA Publications. That said, there is a legitimate debate over how gun and gear reviews should work.

Most print publications, and some new media publications, don’t do bad reviews. That’s not to say there’s dishonestly going on, just that if a gun or gear doesn’t pass muster, it’ll be returned to the manufacturer with feedback. This isn’t really just an issue with the gun community, since most media in any hobby have tended to work this way. The reason is because your advertiser base will tend to be the source of products you’re reviewing, and it’s never a good idea to pan your customers’ products in public if you want them to keep offering upÂ test and evaluation samples, special visits, factory tours, access to insiders, etc. This is the way of things. There are exceptions, Consumer Reports exists and doesn’t take advertising because they sought to be an impartial source for product evaluation and wanted to build trust with consumers. Blogs also can achieve more flexibility because the advertising model is very different (and not nearly as profitable) than traditional media, but blogs still are dependent on access and good will from manufacturers if they want to get in early on the buzz about new products.

In an ideal world, I tend to think the objective model is better, and is what I prefer. AÂ writer ought to give his honest opinion, and it should be a base expectation of manufacturers and product designers that’s going to be the case. But we don’t live in the ideal world. I don’t think the traditional model is evil incarnate therefore mustÂ be destroyed. I don’t rail against it. There is something to say for what your mother taught you, “If you don’t have something nice to say, don’t say it.” In the traditional model, bad products are deprived of the oxygen they need to succeed in the marketplace. As long as a writer is honest, and doesn’t try to tell you a turd sandwich is really pumpkin pie, I have no issue with a publication choosing to follow mom’s old advice. I also don’t have any issue with a publication that chooses to go the route of objective reviews, good or bad. Each has its own merits. But even for those of us who would ideally prefer the objective model, I’m pretty certain we’re not going to change that world by crapping all over it.

The Meaning of Memorial Day

I hope you all enjoy your Memorial Day and take some time out to remember what the day is about – those who have fallen while serving our country.

Here’s a NYT piece that I highly suggest reading today. You might discover you have a little something in your eye that causes them to well up a bit at a few lines, or maybe not.

One of my favorite genealogy blogs puts this in the very real description of her fourth great grand uncle who was one of the first in her family to die for the freedoms we so value today because he died in the Battle of Trenton. He had no wife and no descendants, so he was almost forgotten to history except for a single mention in a pension application by his brother. It’s very touching to see that sometimes these little bits of history do have meaning.

Jesus Wept: OCT President Unholsters Firearms in Public for Photo Op

Miguel, who is much more engaged with following anti-gun and pro-gun groups on social media than I could ever be, noticed something very important from Open Carry Texas’ statement the other day, quoting from their statement:

Black Powder revolvers have proven to be very effective and align with our goal ofÂ legalizing open carry with a handgun. We do understand that not everyone will be able to afford one,Â but if you can, we are requesting you do so. Almost every leader has gone to Black powder for a reason.Â It works.

I basically share Miguel’s reaction to this; what a wonderful idea. Surely no one would be alarmed greatly by a cap and ball revolver in a proper holster, right? Well, nope.

So here we have Open Carry Texas’ president in a public place, without any apparent holster I can see, finger fucking his side arm. A commenter on their Facebook page very wisely chastisedÂ [UPDATE: Seemingly has gone down the memory hole over there.]

“It’s not a firearm.” Dear God, is this really what we’re dealing with? Stop touching it! You have no business drawing a firearm in a public place unless it’s to protect life and limb. I echo the sentiments of Mr. Braaten: it doesn’t matter what the State of Texas calls it, or ATF calls it, for the purposes of safety and sensible carry protocol, if it launches a projectile at a speed sufficient to cause grave bodily injury or harm, it’s a firearm. It should be treated with the respect it deserves as a potentially deadly instrument.

Just when I want to start thinking better of this group, they up the ante on jackassery. I know some readers are tiring of this, but I honestly don’t care. These people are costing us hugely. They live up to everything the antis want the public to think about people who own and carry firearms. They have to be exposed for being the careless, thoughtless people they are. Back to Miguel:

If anything, it has been proven that their methods have been counterproductive delighting the Opposition (always looking for excuses to â€œstick itâ€ to us) and garnering a massive amount of anger from Gun Owners who are tired of getting typecasted as brutish & dangerous people, undeserving of the right to Keep and Bear Arms. And they (we) are right to be pissed.

Amen. We’re going to be very lucky if we get through this without further damage. God give us the strength to deal with these thoughtless attention whores.

Because Your Blood Pressure is Too Low This Weekend

Read this letter from a DC mom who is fighting charges that she neglected her child because the girl and a friend were safely walking just a few minutes from a home – the same home they could give a phone number for where their parents available to pick them up if someone was truly concerned. But some man decided that the best decision was the call the police so that the parents would be arrested for the “crime” of allowing children to play unsupervised.

If you need to bring your blood pressure back down, there’s also this story about a group of parents who decided to stand up to the extremely anti-fun and anti-kid staff at what one parent called “Worst First Play Centre of Gloom” and encouraged their kids to violate all the rules against running and having fun. The parent report says that the staff hid away in the corners when they realized they were outnumbered by people who wouldn’t be strict rule enforcers. When these most obnoxious nannies are ignored and marginalized, they back down. We need to teach more people to stand up to them.

I realize these aren’t directly “gun rights” stories, and they both come out of areas (DC & Montreal) where the parents themselves might be horribly anti-gun, but these are issues related to freedom to live your life as you choose when you aren’t infringing on anyone else’s rights.

Shannon Watts Targets Chili’s

Fresh off the fallout from Chipotle, we have another battle in the Restaurant Wars to fight. Now Shannon Watts is going after Chili’s with the hashtag #RibsNotRifles, and it already looks like Chili’s is pre-conceding:

Chili’s isn’t going that far yet, but the idea is on the table. â€œGiven the recent attention to open carry laws, we are evaluating our policy to ensure we provide a safe environment for our guests and team members,â€ a spokeswoman for Brinker International, Chiliâ€™s parent company, told The Huffington Post.

I’m not going to slam Open Carry Texas, because they did the right thing yesterday in offering new guidelines that includes telling people not to carry in restaurants. I sure wish they had gotten word out to supporters to remove any pictures or video of OC events in restaurants from the Internet, so they couldn’t be used against us. I certainly hope they are doing that now.

For all the losses so far, I never really frequented Starbucks very much, because I very seldom drink coffee. We don’t have Jack in the Box around here, so no big loss there. I’ve never been a big fan of Chipotle either. But Chili’s is kind of our go-to place when we don’t feel like cooking and are looking for something cheap. I’ve never felt a need to carry a long gun into Chili’s and film the reaction of the staff, but there have been times when we’ve decided to stop while I have a concealed pistol on me. So this would be the first loss that hurts if I can no longer eat in Chili’s because they don’t want business from those kinds of people, i.e. Bitter and me.

I sincerely hope that Chili’s decides to follow state law on the matter, but at this point, I wouldn’t blame them if they set a policy that customers may not display firearms while dining. But I do hope they consider that there are approximately 10 million potential customers in the United States who won’t be eating at their establishment if they cave to Shannon Watts.

UPDATE: I just noticed, as predicted, they are going after Sonic with #ShakesNotShotguns. Bitter grew up in Oklahoma, so she loves Sonic, but our nearest one isn’t that close, so we don’t go as often as we like. Though, given Sonic is mostly a drive-in, I doubt they will seriously want to regulate what their customers keep in their own vehicles.