Sebastian – Page 244 – Shall Not Be Questioned

Fallout from the PA-13 Race

Allyson Schwartz wants to run for Governor, so her current seat in PA’s 13th district is up for grabs, and grab it a who’s who of Pennsylvania lefties are trying to do. Now Marjory Margolies, formerly Marjory Margolies-Mezvinsky, is in the race. But that’s not all, dear friends. In order for primary candidates to polish up their credentials, we’re going to have ourselves some gun control:

Meanwhile, State Rep. Brendan Boyle Monday introduced HB1479, a bill that would prohibit the sale, purchase, or possession of large capacity ammunition magazines. The sponsors and supporters of Boyleâ€™s bill, including fellow PA-13 opponent Leach, will hold a news conference on Wednesday in the Capitol Rotunda.

HB1479 can be found here. Very limited and confusing grandfathering. But hey, punching those neanderthal gun nuts in the gut is a sure way to demonstrate your progressive bone fides to the kind of people who like that type of political theater. I should note that as long as the GOP controls the legislature and the governor’s mansion, this likely isn’t going anywhere. But do you have faith the GOP will never lose another election in Pennsylvania?

Unsafe Training

Sean decides to walk away from a bad experience with a PA-based trainer. It’s tough to walk away when you’ve paid for something, but it’s often the right thing to do. In this case, the instructor seems to operate under the belief that having an “unloaded gun” allows you to ignore fundamental safety rules.

Differences in Colorado’s Mag Ban v. Federal Mag Ban

A reader had a good question in the comments yesterday that I thought would warrant a separate and hopefully not too rambling post. He asked, given that the “readily restored” language is nothing new, why we’re concerned about this in Colorado right now. There is, starting out, a slight difference in the language between the Colorado ban and the now expired federal ban. The federal ban covers “readily restored or convertedÂ to accept, more than 10 rounds of ammunition,” while the Colorado bans any magazine “thatÂ is designed to be readily converted to accept, more than fifteen rounds of ammunition.”

When it came to the federal ban, what the term meant was generally something left up to the regulating agency, which for federal purposesÂ would be BATFE. The Courts will generally defer to the agencies interpretation of what these terms mean. Courts will also look toward legislative intent, as in what did the legislature intend to do, when determining the meaning of specific language.Â During the federal ban, the ATF never took the position that “readily restored or converted,” meant that any magazine with a detachable floor plate would be contraband. I don’t think, under the federal ban, there was ever a case of someone getting busted for a magazine extension, but to some degree during the federal ban you possessed these things at your own risk. It’s just that the feds never chose to pursue an interpretation of the ban that covered magazines with detachable floor plates.

Anyone looking to understand the issues at hand in Colorado ought to read the federal complaint challenging the Colorado law. The issue in Colorado is somewhat different, because the legislature did not give any regulatory body the power to make regulation as to what was or wasn’t covered. If you look at the law itself, regulatory power was only granted to the Colorado Bureau of Investigation for the purpose of regulating the marking of magazines. That means whether a magazine is contraband or not is going to be up to individual prosecutors and law enforcement agencies, and then the courts will have to sort out the meaning. In addition, both Governor Hickenlooper and the chief sponsor of the Colorado magazine ban have stated that magazines with detachable floor plates are covered by their ban. This means that anyone prosecuted for having, say, a Glock 19 magazine, which has a detachable floor plate and holds 15 rounds, would have a steep hill to climb to argue in Court that it would not be covered under the ban.

It should also be noted that the federal ban would likely have been vulnerable to the kind of challenge currently being waged in the federal courts in Colorado right now, it’s just that we did not have a remedy under the Second Amendment at any time during which the federal ban was in place, because Heller had not yet been decided in favor of an individual right.

US A No Show at UN Arms Trade Treaty?

Apparently Obama didn’t send anyone to sign us on, but the Administration is hinting that it will sign onÂ later after the translation.

â€œWe look forward to signing it as soon as the process of conforming the official translations is completed satisfactorily,â€ U.S. Secretary of State John Kerry said today in a statement.

We’ve been closely following the activities of OFA, and it’s telling that gun control hasn’t been on the agenda now for several weeks. Makes you wonder just how dedicated Obama is to his gun control agenda. If he feels like he has bigger fish to fry, that’s fine with me.

Mini Monday Dump

Since I was pretty busy late last week, I have some stories building up in the tabs I meant to have something to say about, but for now better just link before things get too stale:

Maine Senate rejects gun control.

Five reasons Forbes is wrong on 3D printing. I have some disagreements with Jacob on this topic, but he’s mostly right. Absent a serious revolution in 3D printing, you won’t, for instance, be able to make hardened parts like barrels through additive methods. At least not any barrel that would survive long.

Pennsylvania gun control advocates are delivering petitions to call for background checks. Except we already ban private transfers of handguns in this state. Despite the fact that long guns are hardly ever used for criminal purposes, and despite the fact that we’re constantly hearing that background checks just aren’t enough when it comes to pistols.

One problem with challenging gun control laws that only affect 18-20 year olds is that you constantly have to keep hunting for plaintiffs.

How the NRA never ends, by someone who pretty clearly doesn’t understand this issue at all, nor its political dynamics.

Democrats still aren’t being ruthless about gun control. The reason for that is we are, in opposition to it.

Another “I’m a gun owner, but…” story. He’s looking for a gun rights group that supports gun control. Good luck with that.

Looks like a deal was reached in Illinois. Hopefully it’ll provide a base for improvement, but I’m not happy about how lawmakers behaved in this whole thing. John also has a rundown of the bill’s key points.

Floor Plates on Pistol Mags

Conversion not valid in Colorado. The Colorado magazine ban is worded in such a way that essentially all detachable magazines with a removable floor plate are “readily convertible” to a prohibited configuration. In my case, even though my Glock 19 magazine holds 15 rounds, there’s an easily available and cheap extension to make it a 17 round magazine. So it’s readily convertible, and thus unlawful to have in Colorado. Most other magazines with a detachable floor plate, which is most detachable magazines, are also likewise prohibited.

And Here I am Without Champagne

Lautenberg is dead. I’m not going to mourn or say nice things about a Senator who made a career out of pissing on individual freedom and liberty, and trying to be everyone’s friggin mother. There was hardly a nanny law passed into existence that he either didn’t spearhead or sponsor.Â I don’t mourn the passing of tyrants who want to control everyone’s lives. Christie gets to name a successor, at least until a special election, so it looks like he’ll be running with a Senate candidate. His own personal popularity could help flip that seat to the R-column, at least temporarily.

A Day of Meetings

Couldn’t break away to post even a simple news story. Things at work are busy, and will be for several weeks. Once I got home, I had promise to take Bitter to Mike’s York Street Bar and Grill. For those of you who read my Memorial Day post, I’d point you to the bit I quoted about the War of 1812:

The drafted militia assembled at Thomas Beanâ€™s tavern, Warminster, Sunday, the 18th of September [of 1813], to march to Marcus Hook. General Smith and his staff were there. A large concourse of people came toether to see them off. The troops were formed in hollow square, when the Reverend Thomas B. Montanye delivered an appropriate address. They marched to Philadelphia, and thence to their destination in steamboats. The drafted militia were encamped in the court-hosue yard at Doylestown a day or two.

As I mentioned, it’s still a tavern. I’ve been to a few historic taverns which were still being run as taverns, but what I liked about this one is it wasn’t trying to be anything more than an ordinary community tavern, much like it probably has been through it’s entire 200+ year history. We got to eat in the original portion, rather than the modern addition. They’ve had to prop the interior up with a steel frame, to augment the original wood and stone construction. But the food and service were good, and you can’t argue with the history. Though I wonder how many of the regulars even know about it. They don’t advertise it.

More Gun Control Passes in NJ

Unfortunately, this is a bit of a dog bites man story for a state like New Jersey. The bigger question is what Christie does, because if he signs this stuff, he can kiss his presidential ambitions goodbye. From ANJRPC:

Today (May 30), the New Jersey State Senate passed its remaining package of 10 gun bills in a largely partisan vote, following procedural delays and additional committee hearings since the last Senate voting session on May 13. Many of the bills in the entire legislative package passed by the Senate this month will now move back to the Assembly for concurrence with changes made in the Senate, and whatever passes the Assembly will then move to the Governor’s office.

There may be new Assembly committee hearings on some of the bills passed by the Senate before the full Assembly votes on the entire bill package in June. We do not anticipate that the Governor will take action before July on any of the bills that reach his desk.

Absent from today’s Senate agenda were simple, easy fixes to longstanding issues that have plagued law-abiding gun owners, which ANJRPC has been pressing for months. These include an “Aitken’s Lawâ€ concept (to prevent law-abiding gun owners from being turned into criminals for hypertechnical transportation violations); enforcement of the 30-day permit issuance deadline already required by law but ignored by permitting authorities; and extension of handgun permits to one year.Â We will continue to press for these fixes to be added to the legislative package of gun bills.

Here are the bills that passed the Senate today:

S2723Â (Throws out existing FID cards & replaces with driver license endorsement or other form of ID; suspends Second Amendment rights without proof of firearms training, including for all current handgun owners; imposes 7-day waiting period for handgun purchases; ends all private sales; effectively creates a registry of ammunition purchases and long gun sales; additional impacts.)

S2178Â (Bans fifty caliber and similar firearms. The current version was amended to make the bill effective immediately â€“ specifically to prevent law-abiding citizens with pending orders for these firearms from taking possession of them. Grandfathering of those who already own these firearms has been added â€“ but the guns must be registered, and owners could have civil liability if the firearm is used in a crime. This bill impacts firearms with a muzzle energy of 12,000 ft-pounds, even if under .50 caliber, and possibly other firearms. Gun bans like this are based on the false, unsupportable idea that society will be safer if one particular tool is removed, which fails to recognize that someone intent on doing evil wi ll not be stopped or deterred merely because one particular tool is not available.)

S2485Â (Suspends Second Amendment rights of U.S. citizens based on a secret government list â€“ no due process. Ignores the presumption of innocence to which all U.S. citizens are entitled. Can be abused by government officials to ban guns to demonized classes of law abiding citizens, includingÂ military veterans and gun owners.)

A3717Â (Submits mental health records to NICS â€“ no stated requirement of due process, despite repeated requests since February.)

S2467 / S2471Â (Prohibits investment of state pension funds in companies tied to manufacturers, importers, or sellers of so-called “assaultâ€ firearms for civilian use.).

S2804Â (Makes possession of firearms aÂ firstÂ degree crime for those previously convicted of serious crimes or engaged in commission of a serious crime. This bill targets violent criminals in possession of guns. During committee testimony, ANJRPC urged legislators to add a corollary “Aitken’s Lawâ€ provision to protect law-abiding gun owners from severe unintended consequences of NJ gun law generally, but they declined to do so).

S1133Â (Significantly enhances bail requirements for certain gun crimes. As originally written, carried potential for extreme unintended consequences against law-abiding gun owners. Committee amendments were added in response to ANJRPC testimony to preclude this possibility â€“ enhanced bail requirements now only apply to those engaged in, or previously convicted of, serious crimes.)

S1279Â (Increases the penalty for unlawful transfer of a firearm to a minor from third to second degree. As originally written, carried potential for extreme unintended consequences against law-abiding gun owners. Committee amendments were added in response to ANJRPC testimony to ensure that temporary transfers to minors for instruction and training were exempted. Existing law would already exempt temporary transfers for target practice and competition.)

S2801Â (Increases the statute of limitations for prosecution of theft of a firearm from 5 to 10 years).

S2552Â (Would protect private identity information of individual gun owners from public disclosure.)

ANJRPC will be issuing additional alerts as information is available.

Public Wants Senate to Move On

The latest poll shows that 62% of the American public wants the Senate to move on from gun control. Only about 33% want them to have another vote. But I thought gun control was popular? I thought 90% of Americans were demanding gun control now? Also:

Data collected since 1993 by the Pew Research Center show that Americans areÂ more closely dividedÂ on gun policy now than they were in the 1990s.

Respondents indicated 50 percent support for “gun control” and 48 percent for “gun rights” in May 2013, according to Pew. By contrast, the polling firm found 67 percent support for “gun control” and 29 percent support for “gun rights” in March 2000.

Even less popular now than it was a decade ago. That’s not a mandate for what people like Bloomberg want to do, no matter how they try to spin the polling.