Making a Statement

McCarthy pretty much admits she’s just lashing out at the NRA:

“I am making a statement. I will never forget why I am here. This is a push back to the NRA.”

Her bill makes it a felony to fail to report a lost or stolen firearm with 24 hours of discovery. You could spend a year in jail and have to pay a 1/4 million dollar fine. Your life would essentially be over, and you would be a prohibited person… all for being the victim of a crime.

The Great Difficulty with Clubs

I just had to tell Fitzpatrick’s campaign, who is very likely to carry the NRA endorsement he won in the primary into the general election, he was not welcome at my 100% NRA club, despite the efforts of a volunteer who was also a member. What kind of message do you think that sends if Fitz wins and faces a tough vote on our issue. Do you think he’s going to go to bat for people that told him to get lost? Gun owners far too often think they are in a position to dictate. This is not true. Gun voters are a minority. We only have power through participation and engagement.

It’s important for gun owners who care about Second Amendment issues to be involved in their local clubs. The great problem activists face is that club culture should be a lot more about shooting than politics, so a balance needs to be kept in that regard.  Second Amendment activists need to keep that in mind when approaching clubs and club members. Priority number one is to shoot, stay safe, and have a good time. Political engagement should be somewhere down the priority list, but it needs to be there in some way. The trick is to make politicians think they have something to gain (and therefore something to lose) through the engagement process. This doesn’t have to, and shouldn’t, pre-occupy a club, but it has a great benefit for supporting the other activities clubs would like to do.

Doing the Math

Chris Byrne has an excellent analysis of this years race in November. The Dems are going to take a beating. This is uncontested at this point. But it’s not going to be a panacea. This is one reason I think it’s important Reid keep his seat despite the fact that I hate him on other issues. I would hate Schumer or Durbin just as much or more on those same issues, and they’d also sabotage NRA every chance they could find. It’s not that I like Reid, it’s just that he’s the best choice there is for that seat given the possible choices.

Recording the Police

I have little sympathy for the animal rights whack jobs protesting the Philadelphia Gun Club, but I will defend them on this:

[youtube]http://www.youtube.com/watch?v=TmNU7Zmbe0s[/youtube]

They have every right to film the police, even if they have no right to trespass. Hat tip to Radley Balko on this one. Now that these people are bringing these issues to Bensalem, they need to train their police officers on the law. I can’t stand what these people are doing, but I admire this woman’s tenacity.

The Skoien Opinion

Josh Blackman looks at the 7th Circuit’s ruling in the Lautenberg Amendment (strips Second Amendment rights from domestic violence misdemeanants) case in a thorough manner, and notes:

Don’t expect SCOTUS to resolve this question. There is no way the Court grants cert on an issue as muddy as giving guns to people who commit domestic crimes. Additionally, there is no Circuit split here.

This challenge could arise in other misdemeanor contexts–mainly white collar crimes. Should someone who is found guilty of tax evasion or medicare fraud be disarmed forever? That, will likely be the next challenge.

I agree. I don’t see the Court wanting to go there right now. If the Heller majority wasn’t strong enough to say something about standards of review, but to merely hint, I’m worried about whether it would hold together under this kind of stress, despite the fact that there are more stories out there like this guy’s than there are cases of legitimate wife beaters.

I guess the question would hinge on whether the Court avoided setting a standard of review because the majority isn’t agreed on the strength of the standard, or because someone doesn’t like the idea of setting a standard this soon. To me the Court pretty strongly hinted that the standard of review ought to be quite strict. That doesn’t mean lower courts aren’t going to ignore it.

We may not find very favorable outcomes in the 7th Circuit. Recall the even two Republican appointees, Posner and Easterbrook, are both vociferously opposed preserving the Second Amendment and wish to destroy it as in individual right., and only one judge, nominated by G.W. Bush, was willing to dissent.

Wrong Argument

The New Republic’s Jonathan Chait has found another loophole, he calls The NRA Health Care Loophole, and notes:

A huge portion of the conservative backlash against health care reform was premised on the notion that reform would force people who choose to lead healthy, responsible lives to subsidize bad decisions by fat, lazy slobs.

Chait then goes on to point out the exemption in the Health Care bill that prohibits insurers from charging extra for gun ownership, and demands we be outraged. I hate to light fire to your straw man there Jon, but I don’t think that’s the argument we’ve made. I believe the argument we’ve made is that it gives government a very appealing reason to control the behavior of citizenry, either by hook or by crook, because of the costs imposed on public health. In other words, it opens up the door to Food Control, Gun Control, bans on risky lifestyle decisions — or at best a sort of quiet tyranny by manipulation of the system to coerce people to make better (by their definition) choices. In other words, we’re afraid of exactly what Jonathan Chait wants us to be outraged by.

Questions for Red State

So if NRA was so against the Coburn language that they tried to apparently sabotage it, who managed to convince Harry Reid to allow the vote on the Floor Amendment? I mean, if he did it out of the kindness of his heart, do you expect me to believe he’s anti gun as Red State suggests? Does GOA, who unfairly maligns Reid on guns because they are partisan, have sway in Reid’s office? Do the Democrats fear the withdrawal of the couple hundred bucks GOA donated to Dem candidates in 2008? GOA’s lobbying might? How’d the floor amendment happen? If Reid would have killed the DC Voting Rights Amendment, why did he allow the floor vote later? If he was against it, who was it who twisted his arm? If Reid was against it, why did he vote for the amendment?

What I’m saying is, what Red State is implying doesn’t make any sense. It doesn’t make any sense because I don’t think Red State knows much at all about this issue. I once again am confirmed in my belief that Red State has no credibility on Second Amendment issues, and is pissed off at NRA because they are supporting pro-gun Democrats.

This pisses me off, because if you weaken NRA, you weaken the Right to Bear Arms. There is no group that’s going to step up, or is capable of stepping up, and taking their place. That’s why I decided I had had enough of being nice, getting along, because we’re all on the same side after all, you know. GOA may give a good appearance of being with us, but they not on our side, and so I have set out to expose them for what they are; hacks who can only boost themselves at the expense of others, because they have no real accomplishments to speak of. That’s who Red State is aligning themselves with.

UPDATE: Kos seems to get it, it’s a shame that the Conservative movement doesn’t seem to. (h/t Uncle for that one)

The List

J.P. Sauer Bar PistolI think we can all agree that it’s important to keep guns, like the one pictured to the left, out of the hands of Chicago’s gangs. It is clear which kinds of firearms criminals in Chicago prefer. Chicago has its list of banned “unsafe” handguns out. No Lawyers, Only Guns and Money notes that it gets most of the manufacturers of what anti-gun folks would call “Saturday Night Specials,” including derringers. Chuck Michel is calling it the Goldilocks approach to gun control. I note that it bans some of the more major manufacturers too. Daisy is listed, and they make air guns. All North American Arms spur trigger models are banned. Hi-Points are banned entirely, along with all the Ring of Fire companies. The SIG Mosquito is banned by name. But most of these guns are collector’s pieces, so what crime control purpose could they serve?

We all know the answer to that. They are trying desperately to carve out any space they can find where the Courts will allow them to apply bans, and clearly they’ve decided to hang their hats on the evils of the spur and sheathed trigger. It’s not that Chicago really believes in this as a crime measure, so much as they want to get the courts to say nice things about being able to ban guns for certain reasons, like being unsafe. If this list is upheld, expect Chicago to make frequent additions to make sure your average poor Chicagoans can in no way afford to buy protection for themselves. Having been forced by the Supreme Court to give up bans, having it be a privilege for the Chicago elite is the next best thing.

In this sense, Chicago is being far smarter than DC, because it’s hard to argue that the Government’s general ability to regulate products for safety can’t apply to handguns. But the presence on this list of manufacturers who make cheap, but not unsafe handguns could cause the list to fall, and the Courts may frown on the discretion allowed bureaucrats to deem a handgun “unsafe.” While I would be nervous how the courts will treat this list, it could also pay off for us as readily as Chicago. Chicago is being smarter than DC, but that’s not saying much, and is not to say they are being all that smart.