The State of the Debate

By now anyone on Twitter, Facebook, or other places where our opponents lurk realize that the debate has gotten quite ugly. Even the Brady Campaign has diminished considerably in its professionalism after the departure of Paul Helmke, and their apparent inability to find new, effective leadership. CSGV has had zero professionalism since I’ve paid attention to it, but lately it’s descended into sheer madness.

Joe Huffman believes they have asked for it. Barron Barnett is considerably less forgiving, and notes the out of context quotes, he also tries to set the record straight. Jennifer tried to engage in some dialog, but that didn’t go too well. I think we have passed the point, to be honest, where these folks deserve the dignity of being treated like reasonable adults. As they have plainly demonstrated, they are incapable of acting in such a manner. There is a saying that I think is very telling for dealing with the likes of CSGV, Joan, and the various other public anti-gun individuals: it is never wise to wrestle with a pig. You’ll both end up covered in shit, but the pig will like it.

I don’t really see any point in debating children. When they spew official ridiculousness, naturally, I’ll point it out. But I’m through with the childish mud slinging from the likes of Ladd Everitt and Joan Peterson. No matter what halos they want to perch atop their heads, they are intellectual midgets who can’t stand up to serious debate without lashing out, and then hiding behind their victimhood when others rhetorically hit them back. It’s not a game we’re going to win, because all they are looking to accomplish is to drag us down to their level, and even the playing field. I am still a big believer in engagement with those who disagree with us, but not with people who are incapable of civilized debate. Engagement with such people can serve no purpose.

So from now on, I will only shame and criticize these people. I will no longer engage in debate, or give any credibility to them. Since the media no longer pays attention to them, I don’t see why we should. Let them continue to grease the slide that leads into the dustbin of history. and we can watch with detached amusement.

Firearms in the Black Community

Given that today is Martin Luther King day, I thought it would be a great day to feature one of the speakers at the NRA CRDF seminar I attended recently. Professor Nick Johnson‘s presentation of a draft paper (not yet released, but should be public soon) is titled “Firearms and the Black Community: An Assessment of the Modern Orthodoxy.” I thought his presentation was one of the more interesting ones, because I expect his paper to stir up quite a lot of debate. Let me quote you one excerpt from the introduction:

Moreover, in terms of practice and policy, armed self-defense has been an essential private resource for Blacks.  Not  only have many in the leadership owned, carried and used firearms for self-defense, as a matter of policy, Blacks from the leadership to the grassroots have supported armed self-defense by maintaining a crucial distinction between political violence (which was condemned as counterproductive to group advancement) and self-defense against imminent threats (for which there was no substitute).

This article elaborates these critiques of the modern orthodoxy. Part I shows that trusting the state for personal security is incompatible with the Black experience.  Part II shows that the modern orthodoxy is incompatible with traditional practice and policy.  Section A of Part II illustrates the tradition of firearms ownership and armed self-defense in the Black community.  Section B shows how, traditionally, Blacks in the leadership and at the grassroots sustained and supported armed self-defense as a matter of policy by insisting upon a fundamental distinction between private self-defense against imminent threats and collective political violence that was considered damaging to group goals.  Section B contends that this traditional support for armed self-defense was fundamentally a response to state failure and impotence which continues to this day.  This continuing state failure and impotence pose a fundamental challenge to the modern orthodoxy.

I’ll direct everyone to the full paper when it comes out, which you should take time to read, because it’s excellent. Take this particular quote from Dr. King:

Violence exercised merely in self-defense, all societies, from the most primitive to the most cultured and civilized, accept as moral and legal.  The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi … . When the Negro uses force in self-defense, he does not forfeit support;  he may even win it, by the courage and self-respect it reflects.

This is from a series of essays between Martin Luther King and Robert F. Williams. Williams was an advocate for political violence, which King rejected. In this series of letters, King draws a clear distinction between political violence, which King rejected, and protective self-defense, which he did not reject. The NAACP eventually fired Williams for his inflammatory statements, but it made a statement along with his dismissal:

We do not deny but reaffirm that the right of an individual and collective self-defense against unlawful assaults […] by defending those who have exercised the right of self-defense, particularly in the Arkansas Riot Case, The Sweet case in Detroit, the Columbia, Tenn., Riot cases and the Ingram case in Georgia.

So it’s pretty clear even the NAACP endorsed armed self-defense at one point in its existence. Professor Johnson gets into how attitudes towards guns and self-defense changed, much of it more recently than one might imagine. He details how much of the changing attitudes of black leaders towards armed self-defense occurred largely to maintain alliances with progressive whites:

But for the growing Black membership of CORE, the practical necessity of armed self-defense in the field was obvious.  “As early as 1965 … delegates openly contested the … commitment to pacifism … during CORE’s annual convention.” By 1966, Floyd McKissick had succeeded James Farmer as National Director of CORE. Though McKissick maintained a commitment to tactical nonviolence, his ascension marked a dramatic shift of policy and his rhetoric was more  aggressive.  He insisted for example that, “The right of self-defense is a constitutional right and you can’t expect Black people to surrender this right while whites maintain it.” For CORE’s pacifist, white members, this broke the bargain.  By the end of 1966, CORE had lost most of its white support and transformed into an almost entirely Black organization.

I have just offered a few choice excerpts. The actual paper is considerably more detailed, and goes into greater detail how, what Professor Johnson calls “The Modern Orthodoxy,” emerged. The modern orthodoxy is what the gun control groups now cling to as gospel, that the Civil Rights movement rejected all violence, and endorsed gun control. While I don’t want to share the draft paper, I will share with you Professor Johnson’s talk, which goes into more detail.

Professor Nicholas Johnson: “Firearms and the Black Community” NRA CRDF Next Generation RKBA Seminar

More on Mitt Romney

Some seem to be thinking because Bitter wants to clear up some of Mitt’s record on guns that means we’re now backing Mitt. This is not really the case. Many folks are pointing out statements Romney has made in the media that indicates his support for strict gun control. This is the problem with Romney, and why neither of us is planning on backing him in the primary. If either of us do end up voting for him, it’ll be a wrong lizard kind of vote, not one with conviction behind it. Either way, the race is generally decided by the time Pennsylvania’s primary rolls around.

But the statements Mitt has made in the media illustrate the problem with him. His record isn’t all that remarkably bad, but he’ll say whatever he thinks will play well in the media. So GOAL and some of their few allies in the MA legislature, take a massive assault weapons ban expansion, gut it, and put in a few reforms, and guarantee the list of 700 exempted firearms. Then Mitt Romney comes along, and his handlers decide his signing statement should be about the evils of assault weapons, believing, probably correctly for Massachusetts, that will play better in the media.

The problem with Romney is that on Second Amendment and Firearms issues, the guy has no real convictions. Those who follow issues like abortion know that his lack of conviction is not limited to our issue either. He is not a friend of the Second Amendment, but nor is he an enemy. He’ll probably be willing to work with gun owners, and listen to the NRA. That makes him a much preferred alternative to Obama on our issue.

My main beef with Romney, actually, is outside this issue. I don’t like that he was the architect of Romneycare. I thought that would put a serious damper on his prospects, but the field this primary is just awful.

Where’s His Candle?

A fatal beating of a Temple student in Old City. Old City used to be relatively safe, even at night. But Nutterville is looking progressively more like an asylum run by the inmates. It is extremely unwise to venture into Philadelphia, anywhere in Philadelphia, unarmed.

Brady Loses in Court

Apparently they missed the filing deadline in one of the cases they were fighting, causing it to be dismissed.

After the Superior Court granted the motion to dismiss, the plaintiffs continued their attack against the PLCAA by renewing their motion to file a third amended complaint and separate motion to reargue the order dismissing their case. Unfortunately for the Brady Campaign, their attorneys filed their paperwork four minutes after the filing deadline. The Superior Court subsequently denied the motion to reargue as untimely and denied their motion to amend — in part because the plaintiffs had already been granted several opportunities to establish that their claims were not barred by the PLCAA and failed to do so each time.

Hat tip to Dave Hardy, who notes a few more things that made it a pretty good day. Of course, losing on the multiple rifle reporting requirement tempers that a bit, I think. However, I’ll take this victory. It’s almost like they aren’t even trying anymore.

More Evidence We’re Winning

Wal-Mart is bringing guns and ammo back to many stores. Sales are up, and Wal-Mart is in the business of making money. But remember, the US gun industry is in decline, and they could prove it too if they just had access to all this information NSSF and NRA aren’t hiding.

UPDATE: ARs in Wal-Mart too.

SoCos Line Up Behind Santorum

It looks like Rick Santorum is gearing up to be the Huckabee of 2012. I’m sincerely hoping it ends in the same manner. What a disappointing primary. I thought it couldn’t get worse after 2008, and it turns out I was wrong. When Ron Paul starts looking like a reasonable choice, things have seriously gone off the rails. Santorum is just not acceptable to me at all. I’ll show up in the primary just to vote for Romney if that’s the only choice I have left by the time Pennsylvania’s primary rolls around.

Big Sis’s Priorities: Go After File Sharers

Apparently the one thing worse than being a terrorist is linking to sites which deprive an important Democratic constituency a source of revenue. Of course, on this count, the Republicans aren’t really any better, though I’ve never understood why, strategically, the GOP cares a whit if an industry that donates heavily to Democrats loses money. The GOP should be leading the call for copyright reform.

NSSF Loses Suit Against ATF

Yesterday, a ruling was handed down in NSSF’s case fighting the multiple long gun reporting requirement to dealers along the border. The short of it is that NSSF lost, and multiple reporting of long guns will have to proceed. I wanted to take the time to read the ruling before commenting on it. In short, several courts in sister circuits to DC have ruled that the demand letter power granted to the Attorney General (and thus ATF) by the Gun Control Act, while not unlimited, is quite broad. The DC district court just went along with these sister circuit rulings, and agreed the demand letters are not beyond that exercise of power.

I believe this is mistaken on the part of all the federal courts. The demand letter power was clearly intended to be limited to records already required to be kept, while in the course of a bone fide investigation. It was certainly not intended to allow the Attorney General to invent from whole cloth new record keeping rules.

The Demand Letter only requires FFLs to report record information that FFLs already are required to maintain. There is no evidence that ATF is using the Demand Letter as a ruse to create a national gun registry.

Plaintiffs here rehash arguments rejected by the Fourth and Ninth Circuits in J&G, Blaustein, and RSM, contending that ATF’s reporting authority under § 923(g)(5)(A) is limited by § 923(g)(1)(A) (protecting FFLs from reporting requirements “except as expressly required by this section”) to the subject matters on which reporting is required under § 923(g)(1)(B), (g)(3), (g)(4), (g)(6), and (g)(7). These subsections require FFLs to permit inspection or report record information under specific circumstances: § 923(g)(1)(B) permits ATF to examine records without a warrant during a criminal investigation; (g)(3) requires reporting of sales of multiple handguns to the same person; (g)(4) requires FFLs that go out of business to report their records to ATF; (g)(6) requires FFLs to report loss or theft of a firearm within 48 hours; and (g)(7) requires FFLs to respond within 24 hours of a tracing request.

Except that this is a) not among the records dealers are already keeping. That includes 4473 and the dealers A&D record. b) this is not connected with a bone fide criminal investigation, but rather a sweeping edict that effectively creates a new requirement, and c) Congress only has required multiple handguns to be reported. Certainly there would have been no need to statutorily authorize this if it was already a power under the demand letters, and certainly Congress knew how to include shotguns and rifles if it had intended to.

NRA is requesting folks contact their Senators to get them to support S.570, sponsored by John Tester (D-MT) and Richard Burr (R-NC). This would prohibit long gun reporting by statute. I am pleased to report that both our Pennsylvania Senators are co-sponsors.