If you’re a gamer, and also part of our shooting culture, you might want to meander over to Gameological.com and start scoring points for the team. EA is partnering with gun makers, which I consider to be a good sign, but some people are freaking out about it. In some cases, the right people. But this is one of those cases we should play some defense. There’s nothing wrong with marketing a legal product, and makers of first person shooters can be as much in the political crosshairs as gun companies. It’s not surprising to me that convenient scapegoats for complex social problems may find themselves to be birds of a feather.
Category: Gun Rights
Where Being An Arrogant Bastard Hurts You
When the left gets upset at Mayor Mike, even they can’t help but to notice. As I said previously, I think NYPD’s policy of recycling brass casings by selling them to the highest bidder is the right thing to do, but I can’t help but snicker that even the left thinks Mayor Bloomberg might be, well, a bit full of himself.
VCDL and Comparisons vs. Analogies
I’m about to dig myself a big ol’ hole, and go in way over my head. I’ve been blogging long enough to know this post is going to summon the drama llama, because if there’s one thing that’s been a constant — the longer I blog, the more negative people get if I state an opinion that doesn’t fall in line with the gun rights movement being one, big happy family. A family where all activism is good activism, all that matters are good intentions, and there can never be any methods or forms of activism that harm the movement as a whole.
But I can’t help but wondering if VCDL must be running out of things to occupy their time and energy if they are protesting local libraries posting signs that essentially echo Virginia law:
The library’s gun policy reads, “Carrying concealed weapons is prohibited, except as permitted by law.â€
I see that sign, and I’m thinking, “OK, I’m carrying a gun that is permitted by law, so I can go right in.” I think most people who have a legal firearm on them would come to the same conclusion. So what’s to protest? One could argue the sign is useless, and that would be a reasonable argument. One could also argue it confuses people as to their rights, which I think was VCDL’s point, but I’m not sure that point came across. The way Phillip Van Cleave frames this issue steps on another one of my pet peeves when it comes to directly comparing being a person who carries a gun to being a person who is black:
“What if they had said ‘We don’t allow African-Americans, except if allowed by law. Would that be okay? I don’t think so,†Van Cleave said outside the library. “[The rule] implies that no one is allowed to protect themselves on the property.â€
Carrying a gun is behavior that one has complete control over. Discriminating against someone because of an action is vastly different than discriminating over someone because of a condition of birth that they cannot help and have no control over. If you see a sign along a highway rest area that says “no guns,” you can choose to leave your gun in the car. You can’t choose to leave your black in the car. That’s why it’s not equivalent. The suggestion of equivalence here cheapens just how horrible the and immoral post-reconstruction Jim Crow actually was. It also ignores the long history of our law and society viewing regulating behavior as legitimate, but discriminating against conditions of birth as illegitimate.
We have to be very careful about drawing comparisons. I think it’s fine to make analogies and comparisons between our civil rights movement to preserve the Second Amendment, and other civil rights movements in history. I think it’s fine to point out the motivations of many early gun control laws were racist and xenophobic, and that many gun control advocates are closed-minded and hateful (dare I say bigoted?) against people who choose to exercise and advocate for their civil right to keep and bear arms. It would have even been fine, I think, for Phillip Van Cleave to make the analogy that we wouldn’t tolerate such a sign over a polling place suggesting blacks can’t vote, except as allowed by law, and I think that was likely the point he was trying to make. But the problem is that Van Cleave’s statement makes a comparison, rather than an analogy, that suggests being a gun owner is the persecutorial equivalent of being black in the Jim Crow South. I think that’s a comparison the vast majority of Americans are going to not only find unpersuasive, but that will actively turn them off to the message. Using analogies to other civil rights contexts is fine and necessary. It’s perfectly legitimate to point to suppression of RKBA and point out we would never accept this in other civil rights contexts, but we should be careful about making comparisons between behavior and conditions of birth.
Could Election Fraud Issues Impact Races for Pro-Gun Folks?
When most people think of the voter fraud issue in Pennsylvania, they think of Philadelphia. With turnout running over 100% in some precincts in local-only election primaries, it’s no wonder the city has become the face of election fraud in the Commonwealth. So, outside of statewide races, it’s not something that most people would think impacts races with pro-gun votes since pro-gun candidates don’t run serious, competitive campaigns in Philadelphia.
However, there’s some kind of likely election law violation going on in Berks County which is home to portions of the districts of three pro-gun Congressional incumbents, two of whom are in somewhat competitive races.
An investigation into an unspecified violation of state election law began Thursday at the direction of the Berks County Board of Elections.
They note that the three Commissioners on the board aren’t talking, and the Democrat had to sit out of the vote on whether or not to investigate because of a conflict of interest. The District Attorney says that it’s best to have the outside investigator, and they claim that releasing any information about the investigation whatsoever will jeopardize it.
I have no idea whether the Berks County case is anything that could possibly be influenced by the new law this year over voter ID requirements, but preplanned violations of that new election law by both election officials and voters are have already been announced around the suburbs of Philadelphia.
Christopher L. Broach, a Democratic inspector of elections in the tiny borough of Colwyn, said he would not ask voters to prove who they are on Election Day. …
Though Broach is the only official publicly taking such a stance, Philadelphia’s nonpartisan Committee of Seventy received a call from a Pittsburgh poll worker saying he, too, plans not to demand photo ID from voters he knows. The law has set off defiant talk among voters as well, with a few vowing to vote without the required forms of photo ID.
More:
An echo could be heard in Lower Merion Township. “No, I will not enforce it,” said Joe Breidenstein, 55, a Democratic judge of elections in Ardmore.
Part of Ardmore is in a competitive district for a key pro-Second Amendment vote in Congress. So this isn’t just an urban problem for the typically corruption-plagued city of Philadelphia. Violating election laws is now a planned method of potentially swaying the outcomes of elections in the suburban areas in ways that can cost us valuable seats in Congress.
Alcohol, Tobacco, & Firearms – Not Just an Agency, Also a Party
The Independence Institute hold an annual event to celebrate adulthood and freedom. As the organization’s president, Jon Caldara, says, “Freedom isn’t allowing people to do things that you approve of, freedom is about protecting people’s right to do things you find distasteful.”
Dave Kopel speaks to the crowd around the 5:45 mark, and he starts off with some familiar statistics and stories about the Illegal Mayors Against Guns working with Mike Bloomberg for gun control. The best part is that these facts aired on C-SPAN.
He mentioned the number of these gun control advocates who have been convicted or under indictment or investigation, as well as the story we broke about the man who Bloomberg claimed supported his agenda more than a year after the mayor died.
Kopel also discusses the culture of violence promoted by Hollywood and spending on corporate welfare instead of issues that really can impact quality of life and public safety for the entire community.
Another Problem with Philadelphia Permit Process
The Uniform Firearms Act is pretty clear on this:
The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police. The form may contain provisions, not exceeding one page, to assure compliance with this section. Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police.
Except the Philadelphia police illegally require extra forms that are not prescribed by the State Police, notably two reference sheets. In addition, they require fingerprinting, which is not prescribed as part of the process. They require military discharge papers for those who were in the military, which are not part of the prescribed process. They conduct interviews with applicants. They require naturalized citizens to bring their naturalization papers. None of this is in the spirit of “shall be uniform throughout this Commonwealth.”
Either these issues need to be addressed, or Chief of Police’s authority to issue permits should be assigned to the State Police instead.
Philadelphia’s Permit Denials
We have a list of approximately 29 names that were listed yesterday, which provides us a handy means of actually looking to see whether there is just reason for denial of a permit for some of these individuals. I will not reprint full names or addresses here, nor will I link to dockets, but I will go through every name and find their court records, which are online in Pennsylvania. Keep in mind that with common names, confusion is possible, and also that there could be out of state records that we don’t have access to.
The City of Philadelphia’s Legal Argument
Unfortunately, I think it’s plausible. From the updated post from yesterday:
“The legal department has determined that this is public information. Its publication is legal. An individual who is denied a permit and files an appeal, that person has waived their right to confidentiality. All that said, within the government, there is a concern about the propriety of publishing the information, and so we’re looking at this again. On the one hand, city government wants to be transparent and believes in the concept of open data. Access to information makes for strong citizenry and effective government. But on the other hand, there are public safety concerns with regard to this information.
So the appeals process in Philadelphia is that you first appeal to a board, which will review your case. My understanding is that it is very rare for the board to overturn the determination of the Philadelphia Police. The next step is an appeal in Commonwealth Court, and court records are public information. So the city is suggesting that once the appeal is made, because it goes to a court case which is public record, it no longer becomes private information protected by the Uniform Firearms Act.
This isn’t over, by a long shot. More to come.
Why There is No Negotiation on “Florida Loophole”
As long as the information is public, look at some of these reasons for appeal:
I am pastor of a church; I carry large sums of money to bank at least 2-3 times a week. As a businessman, I was robbed once. I could very well be a target for the automobile I drive and my appearance.
Pastor of a church, real danger to society there.
I answered all questions on the gun permit application truthfully. The previous referred to in the denial letter occurred more than thirty years ago.
Previously denied for a permit 30 years ago when the city was may-issue? This is now a ground for denial? This is illegal.
 I don’t think it was right for them to take my license. I was the victim. They came into my home and I shot a warning shot.
So someone breaks into your home, you fire a warning shot (admittedly not wise) and that’s ground for a permit revocation?
The reason why my gun was left in my car was due to the fact that my brother asked me to watch my nephew for a few minutes and I was on my way out. My nephew likes to grab on me and hang on me and I was afraid he would grab my weapon. I never leave my weapon in my vehicle and would never do it again.
Leaving a gun in a locked vehicle is grounds for revocation of a license?
I was wrongly accused of being a bartender. I was not arrested or charged with any crime.
So we’re denying based on profession?
There’s an old saying we often tell children: if you can’t play with the toy nicely, you can’t have the toy. The end result of this is going to be the character and reputation clause being removed, since the City of Philadelphia is incapable of not abusing it. Most of these folks have arrests, many of them long long ago. Arrests should not be grounds for denying a fundamental constitutional right. The character and reputation clause is therefore unconstitutional, and should be removed from the Uniform Firearms Act.
Whether the City realizes it or not, they have given actual hard evidence that yes, they are abusing the permit process, and with that hard evidence, we are going to redouble our efforts to stop them from doing it. There can be no negotiation on closing the Florida Loophole until this abuse is taken seriously.
A Violation of Pennsylvania Law by Philadelphia
Last weekend, Philadelphia’s Department of Licenses and Inspections, an agency not usually known for its transparency and user-friendliness, unveiled a new web app that displays licensing, permit and violation information on a (relatively) easy-to-use interactive map. One of the more interesting aspects to this new data transparency is an array of gun permit appeals, essentially a list of Philadelphians who have been denied a gun permit or had their permit revoked and who have appealed to have the decision overturned.
This is completely illegal, and there are penalties. Allow me to point you to the Uniform Firearms Act of Pennsylvania, and the Pennsylvania Code. From the UFA:
(i) Confidentiality.–All information provided by the potential purchaser, transferee or applicant, including, but not limited to, the potential purchaser, transferee or applicant’s name or identity, furnished by a potential purchaser or transferee under this section or any applicant for a license to carry a firearm as provided by section 6109 shall be confidential and not subject to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any person, licensed dealer, State or local governmental agency or department that violates this subsection shall be liable in civil damages in the amount of $1,000 per occurrence or three times the actual damages incurred as a result of the violation, whichever is greater, as well as reasonable attorney fees.
If I were one of these people listed, I’d be filing the lawsuit right now. This is unconscionable. The criminals that run that city clearly think they are above the law. I say we ought to show them who can get away with what. I count at least $29,000 dollars worth of violations here, and attorneys fees will probably drive that higher by orders of magnitude. They should be made to pay for this.