Sebastian – Page 138 – Shall Not Be Questioned

Civil Rights Victory for International Travelers with Guns

This issue has kind of flown under the radar, but the gist of it is that the Obama Administration made changes to the procedures for traveling internationally with a firearm that made it impossible for ordinary people. NRA notes in it’s press release:

Fairfax, Va. â€“ The National Rifle Association today claimed victory for beating back an Obama administration policy that would have essentially stopped American hunters and sport shooters from travelling internationally with their personal firearms and ammunition. The U.S. Customs and Border Protection (CBP) announced today that it is returning to its previous system of facilitating the international transport of personal firearms and ammunition, after meeting with representatives from the NRA, firearms industry and sportsmenâ€™s groups, and key members of Congress.

â€œWe are pleased that we have been able to reverse a bureaucratic nightmare that would have jeopardized the freedoms of law-abiding gun owners,â€ said Chris W. Cox, executive director of the NRAâ€™s Institute for Legislative Action. â€œOn behalf of our five million members, I want to thank Senator John Hoeven and Representatives John Carter and Chris Stewart for their work to protect American hunters and sport shooters from a web of bureaucratic red-tape when traveling outside the United States.â€

CBP recently began enforcing regulatory changes requiring Americans travelling abroad to comply with commercial export requirements when transporting firearms and ammunition outside the U.S. for personal use. Under these requirements, in order to take personal firearms and ammunition to another country on a temporary visit, the individual would have to register the firearm in the Automated Export System (AES), after completing a 30 question test with 34 pages of user instructions, and provide their transaction number to CBP.

As the AES is designed for commercial exporters, it requires all users to obtain an Employer Identification Number (EIN) from the IRS in order to access the system. According to the IRS, however, EINs are issued for business purposes, and applicants have to specify a business reason for obtaining one. This left American hunters and sport shooters with no recourse. In todayâ€™s announcement, CBP affirmed that it will allow international hunters to use the same paper system they have used for years, while it works with the Department of State on automating that system in the future.

This is the second high-profile defeat of a proposed Obama administration anti-gun regulation in recent months. Earlier this year, the NRA led the effort to defeat an attempt by the Bureau of Alcohol, Firearms, Tobacco, and Explosives to ban commonly used rifle ammunition.

â€œIt is clear that in the final years of his presidency, President Obama will stop at nothing to push his gun control agenda. This merely underscores the importance of electing a pro-Second Amendment president in 2016,â€ concluded Cox.

To learn more about the NRAâ€™s efforts to resolve this issue click here (https://www.nraila.org/articles/20150417/you-cant-get-there-from-here-obama-administration-shrugs-off-woes-of-international-travelers).

They are going to keep trying to see what they can get to stick for the next two years.

The Magazine Battle in Colorado

Most everyone is aware of the effort by Senate Republicans in Colorado to repeal Colorado’s post-Sandy Hook gun control laws. That effort runs into issues in the Democratically controlled house, and then finally with Governor Hickenlooper. So you’d think of the Democrats conceded that maybe they went too far, and they’d be willing to consider a bill that would ease the magazine ban to 30 rounds, you’d jump at that right?

Not Dudley Brown. See more at the Denver Post:

“It is unforgivable that it is RMGO and not Michael Bloomberg keeping me from buying a 30-round magazine,” Caldara said Friday. “Just as every gun owner needs to know who was behind the terrible gun laws in 2013 â€” Bloomberg and Gov. John Hickenlooper â€” every gun owner needs to know that Rocky Mountain Gun Owners is stopping a huge step toward fixing it.”

Dudley is holding out for full repeal, suggesting the Dems need to repeal the law orÂ “face the election consequences in 2016.”

First, I’d never be that confident that the 2016 elections are going to go our way. If the GOP fails to take back the ColoradoÂ House, you’re probably stuck with the 15 round limit, unless the courts come through, which I also would not count on. If Colorado stays in Democratic hands through the 2020 census, there’s a very good chance there is no saving the state at all, and it’ll continue to get worse.

On the other hand, 30 rounds is on the table now, which would mean the vast majority of magazines people tend to own in Colorado would be legal. It would render the magazine law essentially meaningless, which would mean getting the other half of the pie later would be an easier sell. If the GOP does prevail in 2016, well, then you’re one step closer to full repeal already. I just don’t see any downside to taking the House Dems up on their offer.

The Denver Magazine asks “Has Dudley Brown Finally Gone Too Far?” Also see this video with Dave Kopel:

Last Wednesday, Brown tried an unheard of maneuver that caught everyone off guard, and was eventually ruled out of order, and ultimately defeated, with five Republicans joining the Democrats. It should be noted that even on a straight party line vote, this would have been defeated. Brown is now threatening the five Republicans who voted against the motion in primaries. Those Republicans are:

NRA A Rated and Endorsed Rep. J. Paul Brown
NRA A Rated and Endorsed Rep. Timothy Dore
NRA A Rated and Endorsed Rep. Bob Rankin
NRA B+ Rated Yeulin Willett
Rep. Jon Keyser (never returned the NRA questionnaire

OK, I’d give Dudley challenging Keyser, and maybe Willett depending on whether or not that district can support a better candidate, or whether replacing him with a stronger gun rights candidate would throw the race to an anti-gun Democrat. I don’t know the district. But the first three are solid people on the issue, who perhaps voted against the maneuver because once you unleash a weapon like that, you invite your opposition to use it on you. There is a reason deliberative bodies have procedures.

We all want the magazine ban completely gone. But we can get 95% of the way there now, or hold off and rely on vague hopes that things will go as well or better for the GOP as they did in 2014. I’m for taking what we can get now. This no compromise stuff just doesn’t work in the real world. If Dudley were really the powerhouse he claims to be, and if he were truly a strategic genius, Colorado would never be in this mess in the first place.

Brady Attorneys Withdraw From Lawsuit Over Ethics Issues

According to NRA, Brady Center Attorneys Jon Lawy and Alla Leftkowitz got in hot water for posting inadmissible evidence on the Brady website, which is a violation of Wisconsin ethics rules:

Milwaukee County Judge Jeffrey Conen may have given Lowy and Lefkowitz the benefit of the doubt when he said, â€œI don’t how things are practiced in Washington, D.C., or New York or anywhere else, but out here in the Midwest we have certain rules.â€Â Judge Conenâ€™s reference to Washington, D.C. and New York was likely due to those being the jurisdictions of Lowyâ€™s and Lefkowitzâ€™s bar membership, respectively.

NRA also notes, “all attorneys are charged with understanding ethical rules in the jurisdiction in which theyâ€™re licensed,” and note that both New York and D.C. have substantially similar rules.

This is more evidence that the Brady Campaign and Brady Center are becoming the Junior Varsity of the gun control movement. They lack Bloomberg’s deep pockets and strategic acumen, and lack CSGV’s willingness to troll the depths of the Internet in search of mouth foaming supporters. This leaves Brady without a real niche. PLCAA pretty much prevents the Brady Center from doing anything useful, so they are stuck pretending to their supporters that they are making a difference.

Update on Bushmaster Lawsuit

According to Annual Firearms Law Seminar:

Update in the Bushmaster et al. lawsuit. Although the case was removed to federal court back in January, the plaintiffs have filed a Motion for Remand back to the Connecticut state court. It does not look like the plaintiffs’ Motion should be successful, but the fight over jurisdiction could continue for awhile. The plaintiffs are fighting hard to get this back to state court.

At least some of the defendants will to file a Motion to Dismiss based upon the PLCAA and for failure to state a claim – FRCP 12(b)(6).

I think their strategy is just to waste time and force the other side to keep running up the legal fees. Maybe then they can hope for a settlement? I can’t really see them succeeding on their bizarre theory of negligent entrustment (that essentially selling AR-15s to civilians at all is negligent entrustment), unless they completely luck out by drawing the most severe of Obama appointed hacks to preside over the case.

Friday News Links 04-17-2015

It’s been a long week for work, what with taking a few days off to attend the NRA Annual Meeting. But I have been trying to keep up with the news, and with that my tabs are quite constipated.

The PennsylvaniaÂ Gaming Control Board banned firearms in Pennsylvania Casinos, a relic of the fact that it was Ed Rendell who set up that board. The Board just rescinded that regulation. Good. It was never really legal to begin with.

Stirring the pot: 6.8mm Remington SPC not so special after all. I have an AR chambered in this caliber. It was my only flirtation with any of these new boutique cartridges.

Constitutional Carry bill introduced in Ohio, and Maine’s bill draws hundreds to the State House. We just need enough people that want it bad enough.

Jim Geraghty from NRAAM: A yawning cultural gap begets clueless reporting on GOP field.

There’s a recall effort afoot against New Jersey Senate President Stephen Sweeney. Additionally, recall effort have been filed in Oregon. This works for us in Colorado, but it might not everywhere. Still, I don’t see any reason not to keep them afraid. Oregon looks particularly precarious. More here. Once the waters top the levee, it’ll be hard to stop. Once they think you can’t hurt them, it’s all over.

I admire this guy, but he’s lucky he didn’t become the next George Zimmerman. The system doesn’t want you to get involved. They’re designing it so you won’t.

More effort to restrict 3D printing of guns. Can’t stop the signal.

Remember that Bill Haslam was a member of Mayors Against Illegal Guns, when he was Mayor of Knoxville.

Does Kenya really need a may issue concealed carry regime? Seems they don’t have licenses to carry in Kenya. If you have a license to own it, you have a license to carry it. But the licenses to have it are may-issue.

Obama hasn’t given up on gun control. That has David “Mudcat” Saunders worried about the future. That’s funny, Mudcat wasn’t all that worried after Sandy hook.

Joe Manchin isn’t too happy with NRA. That’s fine, because the feeling is mutual. Let’s see how Joe does in a reddening state come his re-election.

It looks like GOAL of Massachusetts may have won a minor victory against the anti-gun billboard king John Rosenthal. See this release from GOAL.

If this study were true, America would be awash in blood. It’s not. Violent crime has dropped as gun ownership has increased. The problem these people have is that they would like to disbar people from owning guns if they were “angry” people. ButÂ owning a gun is a right, and that should, necessarily, take certain policy options off the table.

A lot of people are upset NRA didn’t invite Rand Paul, and fewer that they didn’t invite Chris Christie. Rand shills for a gun organization, NAGR, that opposes federal civil rights legislation to protect the RKBA. Federal Civil Rights legislation is the only way we’re going to free people in anti-gun states. Even though Paul voted for National Reciprocity last time it came up in the Senate, the organization he supports and promotes opposes it.

SayUncle: “So, basically, my butt refuted The New York Times.”Â More here.

Hey, good on this kid for building a smart gun without formal training. I have no problem with smart guns, if people want to buy them. I have a big problem with the busybodies that want to mandate them.

Miguel takes a look at crime during NRA Annual Meeting. As is usually the case, there was less of it.

One thing Bloomberg and Watts are good at is doubling down on failure.

Thirdpower on Brady: “She’s dead, give us money.” If it wasn’t for Bloomberg’s money, the gun control movement would be finished already.

Arguments Heard in Act 192 Case

Yesterday, a Pennsylvania Court heard the case challenging the constitutionality of Act 192, the enhanced preemption law. Pennsylvania’s constitution has a single subject requirement for bills, and the preemption enhancement was attached to a bill about metal theft.

Even if this law is invalidated, preemption still remains the law of the land, and Act 192 still has done a lot of heavy lifting in getting municipalities to repeal illegal ordinances. Even if the act is ruled unconstitutional, it has been a major setback for Bloomberg to bet set so far back in his campaign to end preemption in Pennsylvania.

Not Deliberately Ignoring You

My apologizes for the light posting since I’ve returned from Annual Meeting. I’m working on a deadline to get a report done for a client. So far it’s looking like 20+ pages. Probably more by the time it’s all done. It’s good to have clients with lots of problems, since that’s how we make a living, but since this requires me to write all day, it kind of saps all my writing energy for the blog. I’ll have several news stories and a news dump once I get some time. It’ll be an epic news dump. The tabs are quite constipated!

Wayne LaPierre’s “Demographically Symbolic” Dog Whistle

It’s really not often you’ll find me agreeing with the Internet trolls at Media Matters, but even a stopped clock is right twice a day. Media Matters linked to a portion of Wayne’s Speech at the NRA Annual Meeting, which I must have missed when we skipped out to cover the MDA protest. Here’s video for the context:

Wayne was quoted saying, “eight years of one demographically symbolic president is enough,” in the context of Hillary Clinton following Barack Obama into the presidency. What the hell is that even supposed to mean? Why bother with the dog whistle? Just come out and say “We don’t need another affirmative action token President,” and be done with it, because isn’t that what was really said?

What speechwriter of Waynes’s thought it was a good idea to put that jab in there? How did Wayne, who presumably might have practiced the delivery once or twice, not realize how this is going to sound to blacks, hispanics, and women? Are Ben Carson or Bobby Jundal “demographically symbolic?” Or what about Marco Rubio, Â Suzana Martinez, or Carly Fiorina, all of whom might throw their hat into the ring themselves, or be a sensible veep picks. It’s not just Republicans either. What about Democratic Milwaukee County Sheriff David A. Clark? At what point does one become merely “demographically symbolic?” I don’t understand the rules for this.

I am not coming at this from the same angle as Media Matters, because I don’t want to give NRA or Wayne a black eye; I want them to be more effective. I don’t believe this error is going to take down the NRA, and I don’t believe Wayne is a racist or sexist. His very capable executive assistant, who essentially runs his office, is a female minority. Whoever wrote or reviewed that speech made a very serious lapse in judgement. Before folks comment that I’m just tooling for the politically correct junta, and that there isn’t anything wrong with saying things that imply White Male Conservatives need to be in charge, there’s a bit of reality you need to understand.

One is that the issue has made tremedous progress among women. Each year there are more women and families on the NRA Annual Meeting show floor than the previous year. Bitter even brought out her brother’s whole family this year, since they live in the Nashville area. Where women go, families follow. It is very important to appeal to women, and dog whistling to white males is not how accomplish that.

Second, this issue has to reach out to blacks and hispanics, and win them over. You’ll hear criticism of NRA for not getting involved in the immigration issue. I agree they should not, because even if you stopped the flow of illegal immigrants completely, hispanics are still going to grow as a share of the voting public for the simple reason that they are having children at a greater rate compared to other demographics. You will not fix this problem with even perfect border control, only delay the inevitable.

NRA has no choice: it must reach out to women, blacks and hispanics if it wishes to secure the long term health of the Second Amendment. Polling among these groups show we have a base of understanding that we can use to get the conversation moving. Statements like Wayne’s not only don’t help us achieve our goals, but serve to reinforce the notion that NRA is an organization for White Male Conservatives. The implication is even stronger when Wayne makes that statement on a stage where the only people visible are other White Male Conservatives. NRA hasn’t had a female President since Sandy Froman left the stage eight years ago. Despite a huge influx of women into the issue, I don’t notice the nominating committe reaching out to try to attract more women on the Board.

If in ten to twenty years NRA is only an organization for White Male Conservatives, the NRA will become an irrelevant organization.

Shannon Watts’ Epic Fail

On Saturday, we reported on Moms Demand Action’s flop of a protest. Watts had claimed there would be 400 in attendance, and by our count there were at best 150 people. The Guardian incredulously claims Â there were 500 protesters in attendance, even though no one else would claim that. Bob Owens’ shot from the bridge shows better than anyone else’s that number is an ouright fabrication. Miguel explains theÂ heaping helping of trick photographyÂ Moms Demand uses to bolster their bogus claims. But nontheless, the real measure of success or failure is how successful Shannon Watts was at bringing forth the media to write stories.

Certainly we saw a lot of reporters there at the protest, and cameras abound, but as of this morning this is all that appeared on Google News:

The first story is from Breitbart News, and the second Bob Owen’s article. I could fine one other casual mention of the protesting moms on ABC News, but other than the Guardian piece linked above, as best as I can tell it’s crickets. I spoke with someone who said they had been watching the news broadcasts to see if there was any coverage, and there wasn’t.

So without oxygen from media outlets, it’s pretty apparent that Mike Bloomberg would have done better to pile up all the money spent on planning, busses, hotels, Â t-shirts, signs, and box lunches, and burned it. Shannon Watts protest at NRAAM this year was an epic failure.

Hat Tip to Gail Pepin for the best photo of Shannon Watts ever which appears as the “featured image” of this post.

NRA Attendance Figures for Nashville 2015

NRAAM_Nashville

As is our tradition, we try to be the blog to turn to in order to get the very important NRA Annual Meeting attendance figures. But because Nashville is so close to the fly/drive line, and we chose to drive, we had to skip the NRA Board meeting this year where they announced the figures. Fortunately we managed to get someone who would be attending the meeting to send us the figures.

We place Nashville up there with Houston as a convention city, and the attendance numbers reflect that. There wereÂ 78,865 attendees at this year’s meeting! How’s that compare to previous years? The record is still Houston, Texas in 2013, with a total attendance ofÂ 86,228. That was the meeting right after Sandy Hook, when the blame and shame machine was running full tilt against the American gun owner. Last year’s figure in Indianapolis wasÂ 75,267. Nashville this year was the second highest attendance figure in NRA’s history.

You can see from Bitter’s graphic last year, the meeting continues to climb along roughly the same slope, with post-Sandy-Hook Houston being a statistical outlier. I find this funny because that’s kind of how things have worked with traffic for this blog, with 2013 being an usually high year for traffic, and then returning to historical norms.

One thing I want to mention, because we ran into some friendly bloggers and media on the issue: be sure if you attend with media credentials to also register as an attendee. Media creds don’t count for attendance figures, and there was one meeting (I think Pittsburgh in 2011) where we came within a few hundred persons from the previous record.