Can Count Federal Gun Laws on One Hand?

Doug Pennington of the Brady Campaign says:

Doug Pennington, with the Brady Campaign to Prevent Gun Violence, finds it curious when gun-rights supporters rail against federal gun-control measures, considering how few such measures there are.

“What people don’t realize, at the national level, at least, is that I can count the federal gun laws on the books on one hand. I don’t even need all five fingers to do it,” he says, quickly rattling off the 1934 ban on machine guns, the Gun Control Act of 1968 prohibiting gun sales to felons, and the Brady Law, which requires licensed gun dealers to perform criminal background checks.

Smart rhetoric, since most people don’t know better, but very misleading.  Anyone’s who’s ever had to deal with the maze of regulations that is our federal gun laws knows better.  It underplays just how significant GCA ’68 really was.  Let’s look.  The relevant parts of the United States Code, which is Title 18, Part I, Chapter 44.  Load that, and keep scrolling.  Does that look like a handful?  Easy to understand because it’s so trivial?  And yet, that is only part of our federal gun law.  Let us not forget, also, that the National Firearms Act is to be found in the Internal Revenue Code, Title 26, Chapter 53.  Keep scrolling there too.   But wait!  We’re not finished.  We haven’t looked at the Code of Federal Regulations yet!

And this isn’t even comprehensive, as I’m leaving out the various federal codes and regulations that do things like, regulate firearms on aircraft, or on certain federal lands.  Does Doug Pennington still want to argue that he “can count the federal gun laws on the books on one hand?”  Could you understand all this without having a lawyer explain it to you?   Even the lawyers get it wrong sometimes.

Hat Tip to Joe Huffman, who takes a similar line of reasoning.  I thought it would be useful to see visually exactly how large this body of law is.   Do the gun control people still want to argue guns are less regulated than teddy bears?

Running With Guns

It’s a bit more problematic than running with scissors.  Fortunately, if safety rules are followed, it’s more an embarrassment than anything else if you trip and fall.  That’s probably why IPSC and IDPA are considerably less forgiving of safety violations than other shooting sports.

Stop Microstamping in New York

NYSRPA are asking people to contact legislators to try to keep the microstamping bill off the floor of the Senate.  As Jacob mentions, it’s worse than California’s, requiring the stamp to be in two places on the extracted casing.  Because of the difficulty of this, it will essentially ban handguns in New York State after January 1, 2011.

More Frustration from Camp Brady

This article in CQ politics, about the Sotomayor confirmation, has some more fun quotes from gun control advocates:

Gun rights groups have exploited the fact that Obama has an agenda that he wants to move quickly,” Helmke said, citing the president’s plans for the economy, health care and energy while prosecuting two wars. “Until the president weighs in, it’s going to be tough to advance any [gun control] agenda. It’s not the issue they want to take up right now.”

What Helmke is hoping for is Obama to do what Bill Clinton did in 1994.  In the 103rd Congress, it looked like the votes wouldn’t be there to pass an assault weapons ban either, until Clinton started twisting arms and promising Congressmen the moon if they’d just go along with his agenda.

I don’t think Obama will have it as easy, because the gains the Democrats have made are largely on the backs of pro-gun candidates who remember what Clinton’s promises were worth when the 1994 elections came around.  Again, I think Helmke is barking up the wrong tree with Obama.  If they don’t change Congress, it’s probably not going to happen.

Pro Gun Bills in Arizona

Looks like Arizona is working to repeal its resataurant carry ban.  Not coming from a state that restricts carry in restaurants, we’re like Indiana in that regard, I was surprised by how much it got in the way, especially if you’re on foot and having to walk back to a hotel to ditch firearms.  It would be one thing if you planned to drink, but a real hassle if all you want is a bite to eat, and nothing stronger than a coke.  It is easier to just not carry, which is what I suspect opponents are hoping for.

Fly Yes, Land?… Getting There

The last leg of today’s virtual flying was from Ryan’s Creek Airport on Stuart Island, New Zealand, to Sydney International Airport in Sydney, Australia, following a course along the Tasman Sea.  I have to say, even in a virtual world, southern New Zealand is quite beautiful.  I continue to be impressed by how much flight simulators have improved since I was younger.  While I still would not get in a plane with myself, at least my landing in Sydney would be in the realm of respectable, I think.

[youtube]http://www.youtube.com/watch?v=W4NRsQG-eEo[/youtube]

X-Plane has a feature that allows you to record flight footage as if you had a camcorder in the pilot’s seat.  I’ve always enjoyed approaches over water, where as you dip closer and closer to the drink, you look to the guy next to you and think “I hope you like fish.”  Only at the last minute to have a runway roll out underneath you.  Sydney would seem to be one of those approaches.

The Cirrus Vision being simulated here likes to be in the air, and can land even at low speed under full flaps.  I find it to be very easy to fly compared to some of the other jets available within X-Plane.

PLCAA Being Read Narrowly by New Jersey Court

A Morris County Superior Court judge is allowing a suit to go forward against Sarco, a New Jersey based distributor of firearms.  The facts seem to be that an employee stole a firearm from a shipment of guns, which was later used to shoot and severely wound a police officer.  Sarco has offered a half million dollar settlement to the officer wounded.

I think, in terms of the PLCAA, that it probably doesn’t apply to this case, which is a negligence suit.  But the circumstances surrounding this suit make me skeptical of the negligence claim.  Sarco claims a shipment arriving from a California dealer that was shutting down had firearms missing from it, one of which their employee apparently stole.  Sarco claims that it is the sender’s responsibility to file the FFL Theft/Loss form.  That is correct, as we can see from the Federal Register:

If a firearm is lost or stolen in transit, the notation in the acquisition and disposition book of the transferor/sender that the firearm was disposed of to a particular transferee/buyer is inaccurate. Therefore, a transferor/sender must verify that the transferee/buyer received the shipped firearm in order to fulfill his/her statutory responsibility to maintain accurate records. 18 U.S.C. 922(m), 923(g)(1)(A), and 923(g)(2).

I think this makes it difficult to say that Sarco was the responsible party here from a legal point of view, since as best they knew the shipment arrived with the guns already missing, which puts the legal onus on the sending FFL for reporting.  In that instance, the negligence suit will have to be decided on whether or not Sarco’s security procedures were sufficient to prevent unauthorized employees from tampering with shipments.  That should be a harder case to make than if they had actually violated ATF regulations, but I suspect they are offering settlement because they realize an injured police officer before a jury, against a gun distributor, in a New Jersey court, is not likely to turn out well for them.

Why Sarco chooses to locate in a state that is decidedly hostile to their line of business is a mystery to me.  I can think of several nearby states that would be a better place to do business.

11% Still Think Obama is a Muslim

Apparently the trend that began with the campaign is continuing:

Only 48% correctly identify Obama as a Christian. Over a third of Americans (35%) say they do not know Obama’s religion, either because they do not know enough about him (22%), or because they have heard different things about his religion (13%); another 6% refused to answer.

Is Christian really the right answer?  I’m pretty sure I know who his messiah is.

More Unhappiness with Obama

First the gay rights folks, and now The Brady Campaign.  I have to admit, I don’t like him either, so we have that in common at least.  But I’m forced more and more to admit that the issue with him isn’t guns.  Obama pretty clearly isn’t interesting in fighting culture wars, as Bill Clinton relished in.  No, Obama is interested in transforming the American economy and health care system, and has no intention of letting culture war issues like gun control, gay rights, or abortion jeopardize his efforts to bring social democracy to the United States.  I can almost hear Rahm saying, “Never let a culture war get in the way of a good opportunity to take the country closer to socialism!  Besides, we can take their guns after we make them dependent on us for health care.  We can sell it as a cost saving measure.”

Joe talks about how the Bradys are backing down from some of their bogus statistics with this latest post.  I agree that’s a positive change, but necessary for them.  Previously the gun control movement could count the media to do most of their heavy lifting.  Their control over the debate in the media bought with it political access.  The media is in the process of transforming, and in whatever emerges from the other side is going to be considerably different than what came before it.  Ordinary citizens are going to play a greater role in shaping public debate.

The gun control movement needs to learn to speak to real people.  Their lack of political progress, even under what should be a very favorable congress and administration, isn’t really about Obama.  Obama is just being a shrewd politician.  The real problem is that they don’t have people, which you need to have a real movement.

The six million dollar question for the gun control movement is whether there’s any passion for it.  Sure, lots of people say they favor it, but when the rubber meets the road, they really don’t care.  Lecturing Obama might feel good, but ultimately there’s not much he can do if he doesn’t want a costly fight in Congress.  The failure of the gun control movement isn’t Obama’s fault, it’s the movement’s inability to motivate voters that’s costing them.  Whether or not that is changeable depends on whether the gun control movement has a future, or will go the way of the temperance movement.