Sebastian – Page 557 – Shall Not Be Questioned

LTCF Upheld by Center County Court

Ruling can be found here. A newspaper article from a few weeks ago was written about it here. Much the the analysis here strikes me as weak, particularly the question of whether the Second Amendment protects unlicensed carry outside the home. I believe the question should be whether the Second Amendment protects carrying outside the home, and then next question is, under a chosen standard of review, does the licensing requirement impermissibly burden the exercise of that right. The court gives short service to analysis even under intermediate scrutiny.

I agree with the court’s conclusions in regards to carrying in a courthouse, which I believe the government can legitimately proscribe. I believe Pennsylvania’s statute is set up in a constitutional manner. But I’d like to see courts taking the overall right more seriously.

Second Amendment Right to Stun Gun

I am very pleased to see a judge understanding that the Second Amendment is about more than just firearms:

â€œBecause the court finds that a stun gun is an arm under the Second Amendment, it likewise follows that states may regulate the ownership and possession in the same manner as any other arm,â€ the judge wrote. â€œHowever, this court holds that a total ban of stun guns … is unconstitutional.â€

This seems correct to me. Hopefully other courts will come to similar conclusions in regards to non-firearm self-defense items like sprays and knives.

Mexico to Sue US Gun Makers

Apparently they are retaining attorneys. They must not be very good attorneys, because PLCAA should pretty clearly stop any lawsuit they may be considering. All I can say is thank God we made passing this a priority in the 1990s. Imagine a lawsuit like this funded by the full weight of a sovereign government?

Sources say Mexico’s frustration with U.S. efforts to stop the flow of weapons has pushed them into this novel approach. The law firm is looking at charges that may include civil RICO. The contract was signed on November 2, 2010 by a representative of Mexico’s Attorney General, at their Washington embassy.

Any time you hear the word RICO, in regards to a civil suit, that’s usually cuckoo speak. My impression would be they’d have next to no chance to win this. I doubt it’ll even make it to trial. I’m sure, however, that Reid Collins & Tsai will be happy to take the Mexican government’s money.

Philly Doubles Down

Remember that guy who got harassed for OCing in Philadelphia (legally, with a permit)? It looks like the DA decided to go forward with charges against him, and the police showed up at his workplace with an arrest warrant. Charges are Disorderly Conduct, a third degree misdemeanor, and reckless endangerment, a second degree misdemeanor. One of the lawyers on PAFOA notes that this is probably a dirty trick to stave off the possibility of a civil suit.

Apparently in Philadelphia, laws and rights are optional if you’re City government.

Editorial Blasts Brady Ad

The Bowling Green Daily News doesn’t much like the Brady Campaign’s new ad:

Groups like the Brady Campaign and others simply have no shame as evidenced by their past actions and this recent ad.

I couldn’t agree more.

Quigley Introduces Brady Backed Bill

Mike Quigley is proud of his new bill, it would seem. Here are some things it does:

A second, hidden serial number on every gun, “This provision would require gun manufacturers to install additional, tamper-resistant serial numbers either inside the gun barrel or visible only in infrared light.”

Inside the barrel? Are you guys nuts? Do you know anything about gun design? I don’t know if you realize, but that’s the part that’s supposed to contain a violent explosion, and kind of has to be structurally pretty strong. It also wears out. After 20,000 rounds am I guilty of obliterating the serial number? Visible only using IR light? Do we have a type of steel that accomplishes this? This is a stupid idea.

Maintaining background check records for 60 days.

Sorry, no. I know backdoor registration when I see it. Records are already maintained for people who are denied. That should be enough. If they are clear, you destroy the record immediately. This is not open for negotiation.

Requiring gun dealers to perform inventory checks to report lost and stolen guns: The ATF reported that in 2007 it found 30,000 guns missing from dealer inventories based on its inspection of just fewer than 10 percent of gun dealers.Â If law-abiding dealers reported their inventories, the ATF would be much more effective at identifying and combating corrupt gun dealers.

Law abiding dealers already have to report their inventory upon ATF inspection. This is utterly useless and is designed only to make it harder to be in the gun business. The dealer’s A/D record should reflect current inventory. ATF declares a gun missing when A&D records don’t match actual inventory. This is essentially requiring dealers to keep inventory twice. All FFL holders are required to report lost and stolen guns. There’s already a form for that. Again, the answer is no.

Issa Threatening Melson With Contempt

ATF missed the deadline to turn over subpoenaed materials about the gunwalker controversy, so Rep. Issa is threatening Acting Director Melson with contempt. You can find the letter here. He’s basically telling them to claim executive privilege, cooperate, or face contempt charges. Your guess is probably as good as mine as to what path will be taken, because I don’t have much faith in this Administration’s skill at navigating a controversy any more than I do at it’s ability to navigate anything else. If Obama were skilled, Executive Privilege would not be the smart path. It would automatically bring the White House into the scandal, likely only with hope of delaying, rather than stopping the Congressional action. An assertion of Executive Privilege would be dubious at best, considering Congress paid the bills for this scandal, and has the power to investigate how that money was spent. The claim is unlikely to survive in the Courts.

3D Printed Magazine

Just so you know, we haven’t forgotten about it. Things have gotten busy, and since we’re at the point we need to field test it, that means we need to find time to shoot at a mellow range. This time of year that’s harder than it should be. I haven’t even been making it to the regular matches at my club.

Another Front in the War

Campus carry bill being introduced in Louisiana. The strategy here is sound. Overwhelm the opposition, and tire them out. Make them fight on so many fronts they spread themselves thin. We have an inherent advantage here they lack.

English Bill of Rights

Thirdpower points out that Coalition to Stop Gun Violence likes to point out that the English Bill of Rights allowed for disarmament, so by virtue of our Bill of Rights being based on it, ours must too. Obviously CSGV are concerned, much like the drafters of the English Bill of Rights, that we can’t have a bunch of armed papists and dirty street urchins wandering around this country with guns. Guns are for proper Protestant gentlemen! That’s a Bill of Rights they can believe in. Rights for some but not for others.

I’m sure that argument will go over well with our Supreme Court, 6 of 9 of which are Catholic. Oh yeah, and remember folks, we’re paranoid and delusional for thinking these people want to ban guns. They can have my guns when the Archbishop of Canterbury pries them from my cold dead fingers.