Illinois Attorney General Files En Banc Appeal in 7th Circuit

In the case of Shepherd/Moore v. Madigan, Madigan has decided to appeal to the entire 7th Circuit Court to review the case. I don’t know enough about how this works with the 180 day deadline the three judge panel imposed on the Illinois legislature to pass carry laws that are constitutional.

Thanks to Gene Hoffman of CalGuns Foundation for linking the petition. I particularly like this one, so far:

Second, the panel majority held that defendants failed to offer “extensive empirical evidence” sufficient to make a “strong showing that a gun ban was vital to public safety.” Slip op. 13-14. This heightened showing, which approaches strict scrutiny, likewise conflicts with Kachalsky, Masciandaro, and this Court’s en banc decision in Skoien. Thus, if the en banc Court concludes that the Second Amendment extends beyond the home, this appeal asks the Court to decide whether less rigorous scrutiny, and traditional rules of legislative deference, apply in this context.

Let me translate that out of legal talk for you “We just want to be able to say it’s critical for public safety without presenting any real evidence that it is, and have you believe us.” That’s not any kind of heightened scrutiny at all. It’s basically rational basis. I don’t really have time to read the rest right now, but have it.

Biden to Meet With NRA

I’m sure folks are probably going to spin this as the sellout in progress, but Biden has been meeting with the gun control advocates for days now and having discussions. It’s helpful to see what they say. Same reason we listened in on what the Brady’s had to say. It can reveal their thinking, and reveal information that can be useful. You don’t go into battle blind, and political battle is no different.

National Gun Appreciation Day

SAF is promoting a National Gun Appreciation Day on January 19. Like NRA’s School Shield Program, this is something that is helping drive the narrative. I’ve seen several media outlets covering this. From that standpoint, I think this is started out well. But much like NRA’s pitch on School Shield, I have some concerns, or really, two concerns.

The first concern is that this seems to trying to recreate the same kind of buzz that happened with the Chick-fil-a appreciation that happened last year. I think there are some distinctions here worth considering. The first is that Chick-fil-a appreciation was effectively an organic phenomena. It started with a Facebook statement from Mike Huckabee, and went viral from there. The day after the media story hit about the Cathy family views, cars were lined up at the drive-thru of every Chick-fil-a in the country. That could happen easily because Chick-fil-a is a mass market product that people are familiar with, and a lot of people tend to go to somewhat regularly. It’s fairly easy to suggest “Let’s go grab some lunch at Chick-fil-a,” if you’re a conservative minded person and want to throw some support. Our issue is a bit different, in that we’re not a mass market product, given that the vast majority of gun owners buy a few guns in a lifetime and aren’t frequent range goers. That said, there is an impressive array of center-right groups behind the effort, so this has some potential to broaden our support, but it also raises the stakes. But I’m very wary of top down efforts to affect a mass demonstration. The right does much better with organic efforts. The gun show lines snaking around the corner are an organic phenomena. The shelves stripped bare at gun shops across the country are an organic phenomena. When top down approaches are used, there’s always a risk of the event flopping, which the media will happily report. That’s going to leave the groups who got behind it diminished, and leave gun owners diminished heading into the fight of our lives. Some will probably be calling NRA wanting to know why they aren’t on this effort, but you probably have your answer in what I’m writing here. You can use a top-down approach for mass demonstration, but there are risks to doing it in a very public way. When the left does it, and they do it effectively, the organizing tends to happen out of the public view. You generally don’t notice until you have, like NRA did the Monday after Newtown, a hundred or so people standing outside your office waving Creedo signs in your face.

The second concern, and perhaps the greater concern reflects something I heard last night on Cam & Company. In his weekly roundtable with Mike McCarville. Cam was getting feedback from Mike about what gun show attendees were thinking and doing, in terms of whether they were writing their lawmakers and making their voice heard. The unfortunate response was that many of them felt very strongly that by going to the gun show, or by buying guns and some ammunition, they were making a statement. Folks, if this belief becomes widespread, we’re going to lose. Communicating with lawmakers is crucial at a time like this. Last night I got a call from NRA’s lobbyist in Illinois, and he mentioned that everyone’s phone calls, faxes, and e-mails were absolutely crucial to helping defeat those bills (for now). If we can’t repeat that play everywhere else in the country we are screwed. More importantly, if Obama turns his machine against us, and most of our people are feeling like panic buying equals doing something, we’re not going to know what hit us. You’ll feel the same way you felt when you went to bed on election night or woke up the next day and wondered how this could happen. A lot of people who participate in something like this are going to feel like they did something, and if this event scores big time positive media, they will have. If it doesn’t, we may send off a lot satiated people, who feel good that they did something, who in fact, did not. Something right now is communicating with lawmakers. It’s what we just saw in Illinois. It’s what the other side is desperately trying to encourage their people to do, because they know that’s what works.

So am I saying don’t participate? No. I’m not saying that at all. The stakes are very high for an event like this to fail. My purpose is to try to get people to understand how I think about activism, and make a case for my concerns. If you can clear off your schedule on Saturday the 19th, you should. I will be donning my Second Amendment t-shirt and trying to find people in lines waiting to get in ranges and shops. I’m going to try to help people contact their lawmakers, and to convince them of the necessity of doing so. I would encourage everyone else who can make the time to do the same. I would like this event to be a success, because if it is, not only will there be a media payoff, but it’ll help get gun owners in one place so I can try out the plan I’m developing to help our people more easily communicate with lawmakers in my local district.

March on Washington for Gun Control

Facebook page here. This isn’t looking like the Million Mom March yet (which was really only a few hundred thousand and only succeeded because the Clinton machine got behind it), but it’s worth keeping an eye on. We can’t let them control the narrative.

Smart Guns Are Back

Now we’re going to be dealing with this stupid argument again. I’ve been listening to this crap since the 1990s. It didn’t work then, and now in the days of iPhones and Androids, and pocket other pocket supercomputing, it still doesn’t work. Why? Because anyone in IT knows biometric security isn’t reliable enough to use on firearms. I might also have legitimate reasons why I might want to hand my firearm off to someone else in the unfortunate event things go pear shaped in a hurry. We also want guns to go bang when we pull the trigger. Even if it fails one time out of one-hundred, the reliability isn’t even good enough. We don’t want a gun that won’t function with dead batteries.

This issue will continue to be bullshit until you see police willingly choosing these types of firearms. As it is, they are exempted in the one state that has a smart gun law, New Jersey. This is basically just a nerd’s argument for trigger locks. It plays well to the educated technophiles, who really know nothing about the topic.

They Forget Our People

Woe to anyone considering working with the Obama Administration. One of our favorite pastimes as gun owners is, as a fellow blogger mentioned once to me, “knifing traitors.” To all the big firearms manufacturers and retails out there: remember Smith & Wesson. Remember Ruger struggling for a long time for cooperating. Remember killing several industry groups who turned. Remember countless other turncoats we’ve destroyed too. It could be you. Cooperation will be punished. You can count on it.

Hat tip to Instapundit, who comments, “Which is funny, because it’s the gun-control fanatics who are always accusing the NRA of being a stooge for the gun industry.” Yeah, funny it’s always the gun industry we have to be worried about getting soft, cutting deals, and throwing us under the bus. Maybe one day they’ll realize the gun industry and the NRA are manifestations of us, rather than the other way around. This is popular sovereignty at its finest.

Senator Feinstein’s Gun Control Alchemy

The title of an article by Professor Nick Johnson:

A friend said to me, “Well [a ban] couldn’t hurt”.  And this actually advances the point. First, it actually might hurt. But that hurt is remote from what we are feeling now.  It is a bundle of concerns about stormy days of public unrest; people on the margin who can operate a carbine, but not a shotgun or a handgun; civic militia values; and whether the legislation will just drive millions of the guns into the black market or provoke militant resistance.  For many people, those concerns do not fit on the same table with the pain of Sandy Hook.

More important for now is that Feinstein’s proposal marks point of profound disagreement.  Surely most gun owners, but perhaps many others will acknowledge that when seconds count, government is minutes away.  This means that in those critical moments when violence sparks, you are on your own.

RTWT. I think more importantly, many people buy ARs not for the moment when police are only minutes away when seconds count, but for situations where hours count, and police are days away at best. Such is a situation following a hurricane, earthquake, or other natural disaster. It can often be the situation in times of civil unrest. It can certainly be the case in the event government turns criminal altogether. Help for the Jews of Europe in 1939 was years away. I will return to the famous quote from founder Tench Coxe, a delegate from Pennsylvania to the Continental Congress, writing in the Pennsylvania Gazette in February of 1788:

Their swords and every terrible implement of the soldier are the birthright of Americans. The unlimited power of the sword is not in the hands of either the federal or state governments but where, I trust in God, it will always remain, in the hands of the people.

I think the great anxiety faced by many of us is that we fear we are raising whole generations of Americans who have completely lost touch with what it means to be an American, who have no understanding of where we came from, or where we’re going. We are concerned we are losing the country to these people.

Dem Anti-Gunners: “Don’t Call it Gun Control”

Well, when I see a spade I call it a spade. When I see a a spade, I don’t call it a rake. But how telling is it that the Dems think the term “gun control” is so toxic that it is to be banished from the vocabulary? It’s also not like they haven’t tried this charade before. It went from gun control, to gun safety, and then to gun violence prevention. This is not news to anyone who’s followed this issue. I don’t care what they call it. We will defend the Second Amendment at the end of the day.

Details of Sandy Hook Shooting

Via SayUncle, there are some surprising things, now that actual truth is coming out, as opposed to the circus the media created. First, I’m not sure why the fact that the killer wore hearing protection is surprising. Shooting a firearm indoors without it is loud enough to daze you. It’s painful. Second, he did frequent tactical reloads, leaving most magazines on the ground with many rounds still in them. He had 20 minutes. Total shots fired by the killer were 150. That’s ten magazine changes if you empty them all, but let’s say it’s 20, because this guy thought he was tactical or something. First, if he’s wearing molle, which is seems he was, carrying 20 mags is no problem. I am not remarkably proficient on a rifle, but just timing myself with my Bushmaster AR carbine, I can do a magazine reload in about 2.5 seconds on average from a magazine strapped to my chest. To do 20 magazine changes would take approximately 50 seconds out of the 20 minutes the killer had to do his murdering. Just in timing it a few times to get a good average, I went from around 3 second the first time down to under 2 second by the time I had done it a few times. I’m sure if I spent a few hours, I could get it down to about a second. So how is reducing magazine capacity going to matter? And is it really going to be better if you encourage mass killers to switch to far more lethal shotguns? Are you going to outlaw high-capacity bandoliers? I’ve seen some gun control advocates suggesting we ought to restrict clothing like molle wear. When you outlaw clothing, only outlaws will have clothing. This whole farce gets more ridiculous by the day.