Sebastian – Page 1306 – Shall Not Be Questioned

More on Going After Curio & Relic Licencees

I’ve done a bit of research into this topic, to see exactly how we could be affected by any change in ATF’s stance toward type 03 Federal Firearms Licensees.

Stepped up inspections of C&R FFL holders would be the most obvious way to make licensing uncomfortable enough that a lot fewer people would want to do it.

They could also change the C&R terms.Â Title 18, Chapter 44 pretty much leaves this up to the Attorney General, but the standards for a firearm to qualify as a Curio and Relic are part of the Code of Federal Regulations, and to change it would require going through the rulemaking process. Â This can be done without an Act of Congress, however, but ATF can’t (at least not without getting into areas of questionable legality, so that’s not to say it couldn’t happen) unilaterally alter the requirements for being on the list.

Eliminating the Curio and Relic license, changing the fee, or adding requirements to own a safe or other such things, would require an Act of Congress.

So my guess is, if ATF is going to start publicaly going after C&R licensees, it’ll likely involve the rubber glove treatment using the inspection powers they already have. Â Make you all your C&R holders out there are keeping your paperwork in good order, which you should really be doing anyway.

Feds Fire Shot Across Bow of I80 Toll Plan

They’ve rejected Pennsylvania’s application, and are demanding justification.Â Â Good.

Where’s Wayne?

In answer to this oft repeated question by folks who question the dedication of the the NRA’s Executive Vice President, it would appear that he’s busy writing editorials taking on USA Today’s history of bias against lawful gun ownership.

Free Speech vs. Philadelphia

Joey Vento, owner of Genos steaks, will go and face the PC police in Philadelphia city government today.

The Philadelphia Commission on Human Relations will hold a public hearing Friday to address a controversial sign at the popular Geno’s Steaks that has gained national attention.

The hearing was scheduled after allegations were made accusing Geno’s Steaks of discrimination for posting a sign that reads: “This is America. When ordering speak English.”

Geno’s owner Joey Vento said it is “free speech.”

“Since we have a little problem in the country with the language, it is also telling people at Geno’s Steaks, all we speak is English,” Vento said.

I think it’s free speech too, and I’m pretty sure the guys that operate Pats and Genos treat everyone equally bad. It’s part of the experience.

“Individuals who operate in a place of public accommodation cannot post signage or express messages that might have the resulting affect of making any group, any ethnicity, and any national origin person feel unwelcome,” said Nick Taliaferro, Human Relations Commission.

Philadelphia wants ot be a speech-free zone, rather than a free-speech zone. I’m not surprised.

UPDATE: Eugene Volokh weighs in on the legal front.

Mass Shooting in Japan?

How could this happen in gun free Japan? Clearly what Japan needs is to make guns more illegal than they already are. Sorry for the bad Google translation there folks.

UPDATE: The original link went stale.Â I’ve updated.

Official Oppression in Pennsylvania

The case I posted about here has finally hit the papers in Pennsylvania. Sheriff Wollyung of Franklin County is pretty clearly abusing his authority as a law enforcement officer, and trampling on one man’s rights:

“He was cautioned it was best to leave (the gun) outside,” Wollyung said. “Instead of taking the easy way out, he has to take the arrogant stand.”

So because he had the audacity to assert his legal right to carry a firearm in a place where he was legally permitted, he has taken the “arrogant stand”. I think it’s not Mr. Rotz who’s the arrogant on here.

The right to carry a firearm is not the right to annoy, harass, intimidate or alarm others, Wollyung said.

“I personally believe he violated the spirit of the law, if not the law itself,” Wollyung said.

That’s the worst of it. Sheriff Wollyung has declared himself to be above the law, and the sole arbiter of its “spirit”. If this isn’t Official Oppression, I don’t know what is. There is no “spirit of the law” it is quite simply not unlawful to carry a firearm openly into a polling place in this commonwealth. If the legislature wanted to outlaw this practice, or proscribe open carry for LCTF holders, it could have done so. It did not.

Tom Corbett, the Attorney General for Pennsylvania, is on the short list for a run for Governor in 2010 when Fast Eddie’s term is up. If he wants to build some more pro-gun street credentials, he’ll investigate the actions of this sheriff, and consider bringing charges under our state’s official oppression statute.

UPDATE: It would seem that Sheriff Wollyung, while highly concerned about people lawfully carrying firearms in the Commonwealth, isn’t all that concerned about one of the courthouse security guards returning to work while he stands accused of sexually assaulting a three year old boy. (NOTE: The Rotz in this case is unrelated to Greg Rotz, the man who has his license unlawfully revoked)

How I Was Wrong

Ian Argent pretty much summed up why I was wrong in my post from a few days ago:

Grassroots efforts don’t use political capital in the usual sense – as long as they’re actually grassroots. Brady hasn’t got many “real” roots, it’s a creature of K street.

In this case, individuals lobbying their reps is much different from the NRA-ILA doing so.

He’s pretty spot on with that. It was never my intention to discourage anyone’s effort in regards to grass roots activity, but I think my mistake is not realizing that this kind of spontaneously organized grass roots activity isn’t really that expensive. David Codrea was right: asking for a letter really isn’t asking for much.

It was mostly my intention to question what we were really trying to accomplish by attempting to scuttle Sullivan, because I wasn’t sure that was a hill worth dying on. Now I realize we don’t have to die on the hill, that we can effect the outcome of the fight without taking it. I stand by my assertion that Sullivan will remain in charge of ATF and will be confirmed, but our lawmakers are aware of the issues, thanks in no small part to Ryan being a very effective squeaky wheel. It was a mistake for me to question the value of that in the way I did.

2nd Amendment and the Living Constitution

Dave Hardy points out that even the Living Constitutionalists are arguing that it makes sense that the second amendment is an individual right.

Peter Hamm should really think about getting his resume polished up.

Larry Craig Can Come Tap His Foot …

… in my bathroom any time he wants. I’ll promise I won’t try to accuse him of soliciting gay sex (or give him any either, in case he might, you know, actually swing that way). Countertop’s makes me feel sheepish that I didn’t have more faith.

More on the Cook County Ban

They are also targeting ammunition. Ahab and Thirdpower are blogging about it. Go check it out. I carry Corbon DPX, which is an all copper round, and would be illegal under this ban.

This is what happens when the ignorant legislate on guns to an ignorant constituency. Of course, the people pushing these bans know exactly what they are doing.

Plus, you kind of have to wonder. Here they are saying lead is the only ammunition you can use, because if it’s not lead, it’s evil and armor piercing.Â Meanwhile, the State of California is telling us that lead ammunition is evil, and bullets shan’t be made of it.Â If we make bullets out of lead, it will make little baby condors cry.

Yes folks, they know exactly what they are doing. Next time you hear a hunter type suggest they aren’t coming after him, print out a copy of this post, and stuff it in a lead pipe so you can beat it into his head.