Right to Flamethrowers

A man from Kansas City mocks arguments by pro-gunners, but in his ignorance doesn’t know that flamethrowers are actually completely unregulated under federal law. They are not firearms, nor are they destructive devices, by law. Interesting that if you took the same gasoline and put it in a glass bottle with a rag, it would be a destructive device, but stick it in a big tank and ignite a stream coming out of a nozzle, and it’s fine.

This is probably good, otherwise possession of a super soaker and gasoline could be constructive possession, but then again how many houses have glass bottles, rags, and gasoline? The lesson here for our opponents is not to mock what you think is absurd, because the absurdity of federal laws are probably greater than anything you can imagine.

Interview on “Sporting Purposes”

Since a few days ago, NRA called on Congress to abolish the “sporting purposes” importation standard, we decided to interview someone who knows about these things. John Frazer is Director of NRA-ILA’s Research and Information Division. He has been with NRA for 18 years, and holds a J.D. from George Mason University. My questions below are in bold, with the answers italicized.

The recent study released by ATF, proposing new importation restrictions on shotguns, has a lot of people talking about the the “sporting purposes” clause of the Gun Control Act of 1968. NRA has gone on record calling for the law to be changed. Can you give us some background on how we came to be in this situation?

The “sporting purposes” test was passed back in 1968 because the Congress wanted to cut off imports of military surplus guns and of some very cheap imported handguns.  The bill sponsors–and unfortunately, far too many gun owners at the time–had a very narrow idea of what was “sporting.”   Since then, the Congress has also repeatedly moved to make it easier to import actual surplus military rifles based on collectors’ interest–as many people are familiar with due to the current situation with the Korean Garand imports.

Obviously, a “sporting purposes” test gives really short shrift to self-defense.  In those days there were only a small handful of right-to-carry states, and of course we were 40 years away from the Heller decision making clear that the Second Amendment was intended to protect defensive arms.

Early on, a Treasury Department panel approved importation of semi-automatic rifles based on military designs, because they understood that those rifles could be used in events such as high power matches.  For handguns, they created the “point system” that bases importability on the gun’s size, weight and caliber, as well as features like target sights and target-style grips.

In the ’80s and ’90s, they started restricting some imports as classes of firearms, rather than just by letter rulings on specific types of guns.  In 1989, BATF banned the importation of certain semi-automatic rifles with “military features,” including some of the same guns that were approved right after the 1968 Act.  In 1993, they banned importation of “assault pistols” that easily passed the “point system.”  And in 1998, they banned semi-automatic rifles that could accept “large capacity military magazines.”

This proposal to ban some shotguns really follows from the 1989 and 1998 rifle bans. What’s interesting now is that even if the use of some particular type of gun for “sporting purposes” was the right question, the answer has changed due to the growth of three-gun and other practical shooting competitions.  The current study recognizes that issue, but dodges it instead of just saying that these competitions aren’t a “sport” the way they did in 1989 and 1998.

Is NRA actively looking at pushing a bill in this Congress to repeal this clause?

We’re still very early in this process, but there’s no doubt we’ll be talking to our allies as the Congress becomes more aware of this.  If someone does introduce a bill, it won’t be the first — former Rep. Bob Barr, who’s now on the NRA Board of Directors, introduced a bill on this back when the ’98 import ban was first proposed.

Aside from the importation issue, nearly all shotguns in common gauges, indeed any firearm over 1/2 inch diameter bore, are by default destructive devices unless they also meet a “sporting purposes” test, as determined by the Attorney General. Considering even countries like the UK allow shotguns up to a two inch bore size, and have no overall limits on bore size, it there any possibility of raising the bore limit in general? Or absent that, getting a blanket exemption for shotguns in common gauges?

It’s hard to say what the Congress might or might not do on any issue.  I’ve seen even minor amendments that no one strongly opposed take years to pass.  The excise tax exemption for manufacturers who produce fewer than 50 guns a year is probably the best example; that one took 25 years or more even though the government admitted at one point that collecting the tax cost more than the revenue it generated.

Also, it’s worth remembering that a destructive device classification doesn’t necessarily follow automatically from a decision on importability.  One example is that BATF banned the importation of the Striker-12 shotgun in the mid-1980s but didn’t reclassify it as a “destructive device” until 1994.  Even if a shotgun isn’t found to be “generally recognized as particularly suitable for sporting purposes,” it can still avoid destructive device classification if the BATFE finds it’s “not likely to be used as a weapon.”

Long Gun Reporting Delayed

On Friday, the White House delayed implementation of a reporting requirement for long guns. This is making Bloomberg and Menino cry into their Cheerios. I don’t know how they think this is going to help when they can’t seem to keep track of the guns even with the numbers being reported currently by dealers on a voluntary basis.

Stephen Hunter Uses Journo Creds to Help Us Out

Very happy to see an op-ed like this appearing in the Washington Post. Unfortunately, I think this is a bit technically rich for ordinary people who have no experience with guns, but it gets some key points across about extended magazines.

Grassroots Are a Blunt Instrument

I mentioned in the previous post that I would speak a little more about why NAGR does not have a workable strategy for the movement, even if “NAGR had the resources of the NRA (literally hundreds of millions of dollars).” To understand why, you have to think a bit about human nature, and go back to the root definition of politics, which my dictionary says is:

The activities associated with the governance of a country or other area, especially the debate or conflict among individuals or parties having or hoping to achieve power.

Power for what? To make policy. Politics, at least in a republic such as ours, acts as an alternative to achieving power by waging war and violence against those you resist your policies. Our alternative is our ability to elect those who make policy on our behalf, and to force them, from time to time, to stand in judgement of the people through regular elections.

So what are grassroots? They are groups of voters who act either independently, or through some sort of organization, either formal (NRA, AFP, ACU, etc) or spontaneous (Tea Party), to channel their votes toward making certain policy in an area of concern. Because we are not a direct democracy, grassroots only have an opportunity to exercise their power every few years.

During the periods between elections, policy is made without the chance for voters to stand in judgement of the people who make it. In that period, you need negotiators, called lobbyists in our system. What gives a negotiator the power to negotiate is what resources that person can bring to bear. In violent politics, it would be the ability to wage war. In republican politics, it’s the number of votes that can be marshaled either for, or against a policy maker, or proxies for votes such as money.

Grassroots are a blunt instrument of power. They are a club a lobbyist wields when in negotiation with policy makers, threatening to either to protect that policy maker, or knock him off his seat. When a grassroots organization asks you to call contact a policy maker, what they are essentially doing is helping negotiators (i.e. lobbyists) raise the club, to show the policy maker how large it is, and how well the negotiator’s organization wields it. The message intended to be delivered is “You really don’t want us to hit you over the head with this, do you? Now, let’s talk about what you are going to do for us (not going to do against us) shall we?”

The problem is, a policy maker sees a lot of clubs, and survives quite a lot of clubbing each election. He may not be very scared of yours. He may negotiate with other people who have bigger clubs, and want him to do something else. He might think you make your club seem much bigger than it really is, and doubts you can actually wield it that effectively in combat. “Sure,” he might say, “that thing looks like it would hurt, but I’ve survived worse. I’ve even survived being hit by your club before many years ago. Take your best shot.” In this context, you are going to do a lot of posturing, and let’s be honest, bluffing. The policymaker might want to do X, which you oppose. He offers to do Y, which isn’t as bad, but you still oppose. He does not understand why. The negotiator explains, and holds up the club again. “OK, so lets talk about Z then, and you’re going to want to take Z, because I can tell that club is heavy, and you’re getting tired of wielding it over my head,” says the policymaker, “I continue to have my doubts you’ll be able to knock me off my seat.”

The club is heavy, and obviously the bigger it is, the harder it is to wield.  Every time and organization threatens it, it doesn’t look quite as frightening as it did the first time. Groups like NAGR and GOA seem to want to wave it around based on half baked rumors. NAGR seems to even doubt the benefit of having a lobbyist, which means even if you could muster your grassroots to oppose X, when the politician moves on Y, you’re probably going to get that shoved down your throat, due to policymakers not understanding your issue, and not being able to react fast enough. These things happen too quickly to be able to get the right amount of information to large number of people, in the hopes they can and will coherently communicate the problem to lawmakers.

A pure grassroots strategy could work, but only if your grassroots is large and motivated enough to be able to knock policymakers out of their offices in election, after election, after election, in a majority of districts around the country, and in a super majority of states. In order to accomplish that, we’d need every gun owner being a single issue voter, not just a motivated minority of a few million people. A pure grassroots strategy is fantasy land in our current situation. When your core base is composed of only a few million people, you have to negotiate, you have to posture, you have to bluff, and yes, sometimes you have to cut deals and compromise when the choice is between bad and worse.

Groups like NAGR and GOA sell us on a world where if we’re pure enough, we’ll never lose, or will at least lose being able to revel in our own purity, knowing we did not “sell out.” This is not the real world. It’s an emotionally appealing delusion that comforts people with notions that there is an easy, satisfying way out. Winning takes hard work and dedication, and a willingness to set aside your own wants and desires for the greater progress of the movement; something our founding fathers would have called civic virtue.

More on Earlier Rumors

So it’s the end of the week, and the rumor that was spreading about an amendment being attached to the FAA Authorization Bill now being debated in the Senate has yet to materialize. Gun Owners of America is has now issued an alert on this rumor, but says “GOA’s sources inside the Senate indicate that gun amendments to the FAA bill are unlikely at this point.”

The problem goading people to act on rumors is that you can create a “the boy who cried wolf” problem among our base. Most gun owners do not have a remarkably high sense of dedication to the cause. If you can get them to contact a lawmaker once a year, that would be their contribution. Even that small contribution is more than 90% of gun owners are willing to do. It’s with an activist base of a few million people that we drive this movement, and that activist base can get worn out. The question is, do you wear them out on real threats, or do you wear them out on rumor and innuendo? When I say groups like NAGR and GOA hurt the movement when they do this, this is why.

Now, in addition to that, there have been a lot of accusations flying around the blogosphere I’d also like to address. Howard Nemerov has clearly has enough of groups who build themselves up by tearing other groups on the same side of the issue down. He mentions NAGR has no PAC to speak of. Up to the 2010 cycle, this would appear to have been true, however if you check the FEC themselves, they do have a very small PAC, which donated $1000 each to Sharron Angle, Paul Broun, Ken Buck, Cory Gardner, and Rand Paul. Their PAC has yet to show up on Center for Responsive Politics radar, which is why it doesn’t show up on OpenSecrets.org.

Truth About Guns seems to have had some correspondence with NAGR, where Dudley Brown told him that Durbin was the source of the threat to add anti-gun amendments to the FAA bill. As TTAG noted, “Huh. Yesterday, Brown told us Senator Reid was the man behind the plan.” So the story keeps changing. Naturally since nothing has yet happened, NAGR is suggesting that is because “Whenever you shine lights on rats, they scurry away…”

You see, this is a no lose situation for them. If an amendment indeed happens, they can take credit for alerting people before anyone else. If it doesn’t happen, they can take credit for that too, because their alerts made the rats scurry away. There’s nothing to lose from their point of view, but from our point of view, the razors edge of our grassroots political power gets just a little more dull.

But apparently Brown doesn’t like being called into question, and followed up to TTAG with a ranting e-mail, saying, among other things, they’d never employ a “Gucci-loafered K Street lobbyist,” which makes you wonder how they’d expect to know what’s going on in the respective legislative bodies without having people on the ground, actively talking to staffers and lawmakers. I know NAGR’s strategy focuses heavily on grassroots, at least I think, their statement of strategy is an article written by Michael Rothfeld, which contains a lot of truth, but it’s an article, not a strategy. I’ll write later about why NAGR’s approach to this issue is fundamentally flawed.

Consider the Source, Part II

I’m shocked, shocked, I tell you, that Al Jazeera is willing to print libelous drivel about gun rights, and generally seems unsupportive of the RKBA. The notion that NRA protects its pocketbook is also a common theme you’ll hear from gun rights groups that don’t know who the real enemy is.