Sebastian – Page 813 – Shall Not Be Questioned

An Afternoon With The Triangle of Death

Bitter and I are checked into our hotel in Chantilly, Virginia. Tomorrow we’re hoping to meet up with Bitter’s friend from college, who lives in these parts. Stopped by the NRA Headquarters building to meet with some folks we’ve gotten to know over the course of the whole blogging outreach. I can assure you that rumors that occasionally circulate around the Internet about NRA HQ being a gun free zone are completely unfounded.

Headed over to NRA News Studios next to see Cam and Crew next. The show is airing in 40 minutes, but we’ll at least get some chance to talk to Cam on break.

Joint Mexican-US Task Force Recommends New AWB

I think we knew that no good would come of the Joint Task Force. Well here is the no good we were worried about. I think we’re probably safe until the mid-terms, but things could get ugly if the Second Amendment gets lost in other issues Americans have on their minds.

Lasers to Replace Air Pistols in Pentathalon

In what could be bad news for the shooting sports, it looks like Olympic Pentathalon will be replacing their air pistols with specially engineered pistols that shoot a laser beam at the target. The reason it’s bad news is the reason they give for thr move:

UIPM President, Dr h.c. Klaus Schormann stated that â€œthe decision to introduce non-air pistol shooting was the second big step for the sport following the decision in 2008 to change to the combined run/shoot format. This is a significant development in terms of lowering the environmental impact of the sport.â€

So they claim environmental impact, even from air guns, which fire a tiny 7 grain lead pellet, and which are easily recovered and recycled.

We should not fear the technology, which is something the shooting community could make positive use of, but the reasoning of the committee is disturbing. I hope this doesn’t portend bad things to come with other Olympic shooting sports, who’s environmental footprint is arguably worse.

What Are The Bradys Up To?

Joe Huffman is reporting that the Brady Center is not filing a brief on either side in the McDonald case. I’m not sure what the Brady folks are thinking here, but I’m wondering if this is a sign of them being resigned to lose, and filing a brief for their own purposes rather than for legal effect.

Headed to Northern Virginia

Need to burn up some vacation before the end of the year. We’re headed to Fairfax County to meet up with some friends who work in areas that would horrify Nancy Pelosi. We’re also going to be stopping by Triangle of Death World Headquarters to visit with the Lairds of Fairfax. Blogging will be via iPhone, so bear with me.

You Can’t Blame Tiahrt

This blogger seems to think the Fort Hood tragedy was all about Tiahrt, but he’s wrong. What he bases that on would seem to be a section from this article:

In August 2009, Hasan purchased two firearms that he used to carry out the attack, but the government officials said that U.S. law does not permit them to connect that purchase information with the other intelligence they had.

This has nothing to do with Tiahrt, but to understand why that is, you have to understand what the Tiahrt does, and know something about our federal gun laws. I’m not going to automatically assume malice on the part of this blogger, but rather just attempt to point out the problems.

In order to buy a gun in this country at retail, as Hasan did, you have to fill out a ATF Form 4473 and be cleared by the National Instant Check System. Some states have additional forms, and other states are what are called “POC (Point-Of-Contact) States”, which means they use their own state level background check systems in lieu of the federal one. The dealer is then required to keep form 4473 on file. NICS, by law, does not keep records of people who pass the background check. The law only allows records to be kept of those who fail. There is no giant red siren that goes off at CIA or FBI if someone they are currently investigating tries to buy a gun. This isn’t hollywood.

In the event a gun is recovered at a crime scene, law enforcement can file a trace request with the ATF in order to find out who the last legal purchaser of that firearm was at retail. In order to do that, ATF starts with the manufacturer, who traces it to the distributor, who traces it to the retailer. The retailer then goes and fetches the 4473 they have on file, turns over the information and if necessary the form, and the trace is complete. Law enforcement can use this data any way that is necessary and proper within the course of a legitimate investigation of a crime, or in the prosecution of a criminal for violation of laws.

What Tiahrt does is prevent ATF from spending any funds to share the entire trace database with third parties not related to a bonafideÂ criminal investigation. It also makes the trace database undiscoverable in a civil action, and inadmissible in a civil suit. Both ATF and the Fraternal Order of Police support this measure, something MAIG won’t tell you. It does not require that NICS records be destroyed. The requirement that NICS records be destroyed is not a funding matter, but is found in the United State Code, Title 18, Section 922(t):

(2) If receipt of a firearm would not violate subsection (g) or (n) or State law, the system shall –
(A) assign a unique identification number to the transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer.

This is federal law that was instituted as part of the Brady Act, which established the background check system to begin with. Since Hasan had no criminal record, his background check was not saved by the system. The FBI hasn’t always been good about following the law on this, but it’s the law, and it has nothing to do with Tiahrt. MAIG’s assertion that Tiahrt requires NICS records to be destroyed is false. It’s the Brady Act itself that requires it.

Misinterpreting Regulations

This Washington Examiner column has it wrong, in claiming that Hasan was allowed to carry a firearm on base:

Not only is he not arrested, but he doesn’t even seem to have been monitored. And according to new regulations issued in June,Â he is permitted to carry a privately purchased gun on base, like all other personnel at Fort Hood, provided that it is properly declared at the access point.

No, he wasn’t. If you read the Military Police regulation carefully linked in the quote, you will notice that carry on the base is restricted to certain activities. This regulation in no way shape or form authorizes military personnel, who are not authorized to carry firearms as part of their duties, to carry a loaded firearm on base. Â See here:

When a firearm is authorized to be worn exposed, the official badge of the employing agency will be conspicuously displayed and visible to the casual observer.

This would apply to Military Police, and other personnel who are authorized to carry firearms in accordance with their duties. But later in the regulation, you have what conditions you’re allowed to transport firearms under:

When authorized according to paragraph 5c, weapons transported by person must be carried in a closed case or container, and must beÂ unloaded when not engaged in authorized hunting, target practice, or other activity which permits the use of weapons.Â When engaged in an activity that permits carrying a loaded firearm, the firearm will be carried openly or in a holster or case as appropriate for the type of firearm.

Such activities that permit carrying a loaded firearm are:

Hunting.

Target shooting.

Performing duties as a member of and related to theÂ Cattlemen’s Association.

Other authorized sporting events in which the weapon is used inÂ connection with competition or as part of a legitimate display.

But what if a person has a Concealed Handgun License from the State of Texas?

Military personnel, government employees, and civilians authorized and licensed by the State of Texas to carry a concealed handgun according to the Texas Concealed Handgun Law cannot carry a concealed handgun anywhere within the boundaries of Fort Hood.

So Hasam was not authorized to tote a firearm around on base. The regulation is confusing to those not accustomed to reading legalese, and it confused me at first too a bit, but once you read the whole thing, it’s easy to see the regulation does not allow carrying of a firearm on one’s person by anyone who is not authorized to do so as part of their duties.

NY-23 Not Over Yet?

Bucks Right makes a compelling case. Still seems like a long shot to me. Even so, narrowing the lead has to be regarded as positive, since it pretty clearly indicates that Owens is vulnerable next November. Especially after voting for Pelosicare after promising he wouldn’t during the campaign.

Challengers Lining up for Murphy

Looks like we have another one. Jim Geraghty likes his resume. I agree, he looks like a good candidate. He can neutralize some of Murphy’s strengths. I have no idea where any of the candidates stand on the Second Amendment yet, but once the serious candidates get separated from the non-serious ones, it’ll be something to look at. It’s not going to help much to replace Murphy with a Republican like Jim Greenwood, who represented this district before, but was no friend of gun owners.

This big question in 2010 will be whether the GOP will be willing to spend any real money in the 8th. They have fights in the 6th and 7th congressional districts, which are open seats, and will no doubt be targeting Kanjorski, Holden, Carney, Altmire, and Dalkemper as well. That’s a lot of races, and Murphy is sitting on a ton of cash. But cash doesn’t mean squat if the Dems don’t turn out next November. I think the GOP still stands a good chance.

Fixing What Shouldn’t Have Been Broken

People are starting to notice that the gun rationing law passed in the fall at the behest of soon-to-be-ex-Governor Corzine has some serious problems. I’m put off though that the powers that be are claiming they just suddenly realized this:

“As it stands now, retailers would be prohibited from purchasing guns from their suppliers,” said Burlington County Prosecutor Robert Bernardi, who leads the task force. “I think that was an oversight when the legislation was passed.”

The law exempts sales between licensed gun dealers, but not purchases from distributors or manufacturers, which are classified differently under New Jersey law.

It wasn’t an oversight. They were told what this legislation would do, and they didn’t care. Once they bought the vote of Fred “One Gun A Month” Madden, they passed it, and Corzine signed it. Consequences be damned. We’ll fix the problems later, you know, if we feel like it.