National Concealed Carry Back in House

Introduced by Republican Cliff Stearns and Democrat, Heath Schuler. I’ll be curious to see text. I’m opposed to using the commerce power to accomplish this, but am very open to using Congress’ powers under the 14th Amendment. Due to existing Supreme Court precedent, Congress’ power to do this is somewhat questionable, but I’d prefer Congress interpret its powers under the 14th Amendment broadly, and let the courts be the ones to rebuke them. Many federal judges and Supreme Court justices might be reluctant to second guess the elected branches of government on this matter, especially if the bill passes with bipartisan majorities.

Going After Non Criminals

Jacob notes that Nassau D.A. Kathleen Rice is going after assault weapons in her district. Not going after drug dealers with assault weapons, but rather going after dealers who sell firearms with folding stocks that are pinned not to fold, but where the pin can be easily removed. Does she really expect us to believe that she’s making New York a safer place by ridding it of the scourge of folding stocks? Is it a wise use of taxpayer dollars to put otherwise law abiding people like this in jail? Is it even just? If you think about this hard enough, you’ll start to understand why I think many people on the other side of this issue are actually horrible people.

UPDATE: SayUncle is reporting it looks like it’s politically motivated. The gun shop owner filed a civil rights suit against the city previously. I guess that’s sufficient reason for a DA to be looking for revenge.

Why We Need “Gucci Loafered Lobbyists”

Because without them, you can’t exploit opportunities like this. If we can preserve this through the Senate, which we stand a good chance to, it will become a crime for ATF to even continue prattling about long gun reporting requirements.

This is a big reason Dudley Brown has no clue what he’s talking about when it comes to politics.

Interesting Question

Even Nappen ponders whether it’s unlawful for legislators to vote for a “Firearms Freedom Act,” such as the one in New Hampshire with threatens federal officials with jail time and crimes for attempting to enforce federal gun laws.

Generally speaking legislators enjoy some form of legislative immunity, which means they can’t be sued for their actions as legislators. But legislative immunity for criminal matters is typically something defined by the Constitution, and in no case that I know of is such immunity unlimited. There’s certainly nothing in the federal constitution that immunizes state legislators from being subject to federal laws.

There is no doubt that a law criminalizing the interference of federal officials in the execution of their lawful duties is among Congress’ enumerated powers, because it is a “necessary and proper” exercise of their power to make and enforce laws under the authority of the Constitution.

This is an interesting question, and I can’t find anything that says the answer is definitely no, that it is not technically illegal. States do have sovereign immunity, and I would imagine state lawmakers could seek protection under that idea. But I can’t find any case that suggests state lawmakers can’t be criminally liable for passing a law which violates a federal criminal statute. Anyone else know?

Quote of the Day

From JayG:

If you’re going to insist on the “OC’ers are the new Rosa Parks”, then you have to break an unjust law to complete the analogy. Open carrying where it’s legal but rare is raising awareness – to fight the unjust law, it needs to be done somewhere OC is illegal, like Chicago or Texas. Start open carrying there to protest the law if you’re going to be using the Civil Rights analogy.

What’s going on in Michigan isn’t civil disobedience, it’s uncivil obedience. It’s perfectly legal and within my rights to fart in a crowded elevator, but that doesn’t mean I insist everyone else like the smell.

Nobody Get Thrown Off The Lifeboat

I think sometimes it bears reminding, that this is a core tenet of protecting the Second Amendment. What does that mean? It means even though I do not shoot bullseye pistol, I respect people who participate in that sport and their right to do it. I believe their firearms are just as protected as mine. It means even though I do not hunt, I will support hunting and the right for individuals to own firearms for that purpose. And yes, even if I am personally wary of Open Carry as a method of activism, it means I support everyone’s right to do it legally, and will fight tooth and nail any bill to restrict it, and will support bills that repeal those restrictions. This means I will expend energy even fighting restrictions on shotguns in libraries. My appeal to those folks who are pushing that is, please don’t make me expend energy fighting restrictions on shotguns in libraries. We have better things to do than fight battles we don’t have to as a movement.

It’s fine for us to disagree about what is and what isn’t effective, but remember that nobody gets thrown off the lifeboat. As soon as we start advocating for laws that restrain each other, we’ve already lost.

Getting Your Wookie Suit On and Riding the Drama Llama

Robb has some worthwhile thoughts on the latest OC dustup:

There is a big difference though in carrying a firearm and going about your business and carrying a firearm because Dagnabbit! I want people to SEE ME! Riding on back of the Drama Llama does not help. Really. In my line of activism, the two results I want are people to see the pistol, but not become alarmed, or to miss it completely. What doesn’t help is having too many people getting upset. Our actions are cumulative. Upset enough people enough times, and eventually you can turn someone who was at best ambivalent toward us hostile.

The real concern should be that there are OC bills currently in Florida, Texas, and Oklahoma, all of which are jeopardized when our opponents are able to point out that passage is going to mean people showing up to the local library with a 12 gauge. It’s one thing for them to throw that out there hysterically, it’s quite another when they can point out examples to legislators.

We need these bills. If I ever go visit Everglades National Park, or Big Bend National Park, I don’t really want to have to conceal if I’m walking the trails. I doubt I’m the only one who feels the same way.

Good News for Illinois

Chicago has apparently been hemorrhaging population:

The U.S. Census Bureau reported Tuesday that during the decade ended in 2010, Chicago’s population fell 6.9% to 2,695,598 people, fewer than the 2.7 million reported back in 1920.

This will mean loss of representation for the city, which strengthens the pro-gun position in Illinois, and weakens the anti-gun position.