State College Bucking Preemption

They want to ban guns in parks, or rather continue to ban guns in parks. They are weaseling around the preemption language by dishonestly arguing that application of such ban is not a law “inconsistent with the laws of this commonwealth,” quoting from our preemption statute, and is therefore not preempted.

It approved sending a resolution to the Central District meeting of the Pennsylvania League of Cities and Municipalities later this month, requesting it support legislation prohibiting firearms in municipal parks and buildings, treating them like courtrooms and schools under state law.

Got that? Because the state bans guns in courthouses and schools, it’s consistent for towns to then ban guns in their own buildings. Additionally, because hunting regulations don’t allow discharge in certain zones in parks, banning all firearms period in any municipal park is consistent with state law.

This is delusional legal thinking. This issue needs to be pressed. Let them enforce it, and then sue them. This is well established in this Commonwealth that only the state legislature may regulate guns.

More on Craigslist Killer Idiocy

This time from the Boston Globe:

Showing up at the State Line Gun Shop in Mason, N.H., Markoff presented an ID that wouldn’t pass muster at a campus dive bar. The blond Markoff showed an old New York driver’s license belonging to Andrew H. Miller, who is dark-haired and heavier.

Except here is a picture of the two licenses. I wouldn’t necessarily say they are identical, but there is a resemblance. We could always try some laws like making it unlawful to present a fake ID, or impose penalties for making false statements to authorities. That will surely put a stop to incidents like this.

Chicago Attorney Gets Savaged in Gun Case

Thanks to Dave Hardy for linking this audio of oral arguments in the Ezell v. Chicago preliminary injunction appeal. Ezell is the case that challenges Chicago’s ban on gun ranges, even though it requires live fire training as a condition to obtain a license to own a gun.

If you listen to nothing else this week, listen to this. It’s so sweet it will rot your teeth. The Chicago attorney gets absolutely savaged by at least two out of the three federal judges on the panel. I think he may have even been on the verge of tears at some points. Imagine if there were a couple of gun bloggers on the federal bench, pelting the Chicago attorney with questions. That’s pretty close to what it’s like.

I think Mr. Gura may very well get his injunction. Definitely a job well done.

Craiglist Killer: Blaming NH’s Gun Laws

I don’t know about you, but it seems to be that just about everything here but New Hampshire’s gun laws were to be blame:

Markoff was able to get an affidavit of residency at the Nashua city clerk’s office, using the driver’s license with another man’s name and photograph, the paper reports. Deputy City Clerk Patricia Piecuch told the Globe the city doesn’t require people to provide evidence to prove their residency – the affidavit is signed under penalty of perjury – but the city has since modified its forms to state that the affidavits should be used as proof of residency only for motor vehicle registrations or driver’s license applications.

And yet the mother of the murder victim in this case still says the gun store was negligent, and has been gathering information for a lawsuit. It should be noted that PLCAA does not specifically preempt negligence suits, though it’s hard for me to see how it would prevail, given the guy was sporting fake identity and a perjured residency affidavit. Sometimes I think there’s hardly anything more dangerous to freedom than other people’s misplaced grief.

What’s Good for the Goose …

The Chicago Media is upset because the Illinois State Rifle Association commissioned a loaded poll that shows people support carry reform in Illinois.

The word “concealed” is not mentioned — odd, considering that this is a fight over “concealed” carry. Yet, the association claimed in a press release that the answers to the question showed support for concealed carry. Also, how did the association know that the poll’s respondents were law-abiders?

I’ve watched our opponents use this tactic time and time again, so I have little or no sympathy that our opponents are whining that we’re doing it. Truth is, I can’t confirm we are doing it, because I don’t have access to the poll results. Presumably the politicians do as well. Even if somehow we managed to get concealed carry passed out of the legislature, it’s almost certainly going to be vetoed by the Governor, even though polls show his numbers are currently in the toilet.

More on Delaware Issues

Some follow up on the post yesterday about some gun related bills getting a hearing in Delaware comes to us from the President of the Delaware State Sportsmen’s Association, John J. Thompson:

As the president of the Delaware State Sportsmen’s Association please let me assure you that [HB 46] is anything  but harmless.  The  police have allowed the problem to occur.  They make no effort whatsoever to notify the firearm owner that the firearm may be retrieved.  When they have possession of other  types of personal property the police contact the owner so as to return the items.  Current law already provides a procedure for the disposition of abandoned property.  The police refuse to use it.

Please do not be confused by the use of the term disposal.  The Governor published a set of frequently asked questions and is his answer to one he made it clear that the sale of abandoned firearms was not an option because public safety forbids putting guns back on the street.  At today’s hearing the Governor’s spokesperson, only after being cornered, admitted that all firearms would be destroyed.   The sentiments expressed is his answer could easily be applied to all firearms because he made it clear that guns in the the hands of law abiding citizens present a threat to public safety.  Remember this is the same Governor that believes that residents of public housing are second class citizens and are not capable of having firearms in their homes.

That changes my view on HB 46. I wasn’t very aware how authorities in Delaware were currently treating the issue, but needless to say a bill that forces police to destroy guns that could otherwise be sold to the law abiding is unacceptable. A bill that allows police to destroy the guns after failing to make a good faith effort to return them is unconscionable.

I recant my previous statement based on what this means in actual practice and suggest folks oppose HB 46.

Possible Problems in Attorney General Race

Several of the candidates mentioned in this article would be a disaster for us. Dan McCaffery has the backing of Bob Brady, meaning he’s cozy with the Philadelphia political machine who are no friends of ours. Lynne Abraham was not friendly to gun rights during her tenure as District Attorney for the City of Philadelphia, and Patrick Murphy’s gun control credentials have been well documented here.

The only unknown is Kathleen Granhan Kane, who was a prosecutor in Clarks Summit, near Scranton. I have no idea what her position is on Second Amendment issues. Considering how high profile the Attorney General is, and the amount of policy under that office’s control, it’s important that we keep that in pro-2A hands. So far the Democratic contenders do not impress me. We’re fortunate that since the Attorney General has been subject to popular election (by the Attorney General Act in 1980) that office has never been held by a Democrat. But we should not take anything for granted. The office is too important.

Saying Thanks

Someone e-mailed me asking to pass this along to everyone. Dave Hardy has it here, so I’ll reprint his post:

Harold Volkmer, the very pro-gun former Missouri Congressman, played a key role in the evolution of the gun rights movement. His biggest feat came in pushing the Firearm Owners Protection Act thru the House, at time when the leadership (including Peter Rodino, chairman of House Judiciary Committee, who announced “the bill is dead on arrival in the House”) was in solid opposition. He won a discharge petition (almost impossible under the rules at the time), got it to the floor, led the fight that defeated a rival and much weaker bill and essentially led the revolt that beat his own party’s leadership.

The Congressman’s 80th birthday is April 4. He just survived a serious bout with pneumonia, weeks in the hospital, and will be returning to Missouri tomorrow to finish recuperation. His friends and family want to see that he gets a blizzard of birthday best wishes. His address will be:

Congressman Harold Volkmer
Beth-Haven Nursing Home
2500 Pleasant St.
Hannibal, Missouri 63401

Given what he’s done for us all, I think it’s the least we could do.

Delaware Gun Control Proceeding

Some of Markell’s bills are getting a hearing in the Delaware House Judiciary Committee today. HB 46 is one bill, which allows the state to dispose of firearms it’s accumulating from people who had restraining orders and have not claimed them after the order expired. It only allows disposal 60 days after the owner was notified he needed to claim them. I don’t see any reason the state should be forced to hold on to someone’s property indefinitely, so I don’t think this is unreasonable. The bill does not seem to call for destruction, so presumably the state could sell them. HB 48 merely implements the federal requirements for reporting mental health adjudications to NICS, including the relief from disabilities requirements for people that have undergone successful treatment post-adjudication.

Not all of Markell’s agenda is innocuous, so keep an close eye out if you live in Delaware.