Montana Senators Announce Opposition to ATF Power Grab

Both Baucus and Tester have spoken out against the requirement, arguing that such a regulation being proposed as the prerogative of Congress, not of ATF.

UPDATE: Denny Rehberg, Montana’s Congressman, has joined with a letter to ATF, co-signed by 33 other house members. You can find that letter here.

Worth noting that Montana’s Senators are both Democrats, and probably have the most to lose if the Democrats are visibly seen as pushing a gun control agenda.

NRA Strategy for Wisconsin Includes Constitutional Carry

NRA announced today they are shooting for the moon in Wisconsin, and going for constitutional carry:

Past legislative efforts to secure the Right to Carry always assumed that a veto override would be necessary.  Attempting to secure two-thirds majorities required the NRA and other proponents to accept amendments during the legislative process that sought to place additional restrictions on the good citizens of Wisconsin and would have impeded their ability to protect themselves.  With the makeup of the incoming legislature, these unnecessary concessions should no longer be necessary.

The NRA will strive to make Wisconsin’s 2011 Right to Carry law one of the strongest in the country.  The experience of 40 other Right to Carry states has eliminated any question as to whether citizens can be trusted to act safely and responsibly.  The laws of Vermont, Alaska and Arizona will be used as the model.  The latter two, in particular, will set the standard with systems that recognize the citizens’ constitutional right to carry firearms for self-defense along with a provision that will provide for the streamlined issuance of a state permit that can be used for reciprocity purposes in other states while traveling.

This is good news. The Courts appeared to be ready to toss the carry law anyway, and it would be a shame not to help that process along. Also, I think this puts to rest any of the accusations that NRA was never committed to constitutional carry.

A Message from Brian Aitken

He’s home. Best of luck to you Brian, and I hope you enjoy your holidays back home with your family where you belong. It’s worth noting that ANJRPC is asking people to call Governor Christie and thank him. I agree this is very important. We need to be good at the positive as well as negative reinforcement. You can find contact info for Governor Christie here.

More on the ATF Power Grab

Dave Hardy notes how the Firearms Owners Protection Act has specific protections against what ATF is trying to implement, and urges people to contact their legislators. Congress can take action against this, and should. Out of control bureaucrats are a specific pet peeve of mine, and if there’s one things the Republican Congress could do that I think would be popular among the people is start calling these agencies before it and reminding them they do not have any power beyond that which Congress authorizes.

An Indian NRA?

Looks like there’s a growing Right to Keep and Bear Arms movement in India. The second most populous country on the planet:

A 38-year-old software engineer, Singh founded the web forum, Indiansforguns.com, which brought these Sunday afternoon firearm fans together. But in late 2009, his hobby took on a new urgency when the home ministry proposed several amendments to India’s 1959 Arms Act that would make it much more difficult to get a gun license and harder to buy ammunition. Already an old hand in disseminating editorials and raising petitions, Singh soon joined forces with another group — the National Association for Gun Rights India (NAGRI) — that’s modeled on America’s National Rifle Association and led by Haryana’s Naveen Jindal, a member of parliament who studied in Texas.

This has to have IANSA crapping their pants. I think it’s funny it’s a software engineer behind it. Computer people seem to have a particular disdain for nanny state policies in my experience, though that’s not as true today as I think it was a decade ago.

Obama’s Move

From the Washington Post:

To stem the flow of guns to Mexico, federal firearms regulators are proposing an emergency requirement that certain gun dealers along the southwestern border report bulk sales of so-called assault weapons beginning as soon as January.

I am sincerely hoping this seals the fate of Jimmy Carter, the Second Coming, in the 2012 election. As I’ve said, I’m willing to do nothing for Mexico.

UPDATE: Also notice Obama is taking his cues from Bloomberg’s Blueprint for screwing gun owners. This reinforces Michael Bloomberg being the biggest threat to gun rights out there today. The Brady organization is a joke at this point. Bloomberg is still someone to watch out for.

What Future for Gun Control?

I keep looking at our opponents, and I see the same ideas turned around and around again on the turntable like a skipping old 78. Calling for “common sense,” calling for “sensible legislation,” to an audience, like that of some washed up rock star that continues to tour, that increasingly just isn’t there, or isn’t listening.

Our opponents are beyond arguing for action, and they don’t even realize it. The philosophical basis for their movement was largely based on the possibility of achieving prohibition, and with prohibition off the table, rather than rebuild their movement around different philosophical assumptions, they keep pushing the same old in the hopes that a some point, maybe someday, the fans will come back and the seats will be filled. Even MAIG, which is certainly ripe with novel tactics, and new ideas, is still no more than a second rate cover band.

The reason they have not rethought their movement is that any new assumptions will be deeply dissatisfying to those who support the gun control agenda. I think being hemmed in by Brady’s post Heller contradictions is driving poor Joan Peterson nuts, because it represents the best they can do, not what she’d ideally like to advocate. I can’t believe she’s an atypical supporter either, because I’ve run into a lot of Joan Peterson’s out there. But how many will keep with the issue in the face of the ever evolving reality working against their viewpoint?

Prohibition, or a near prohibition, was a necessary goal for their movement, and it’s necessary because of the nature of gun control. Gun control only affects criminals at the margins. In a regulatory regime where law abiding people are relatively free to purchase firearms, criminals are going to fairly easily obtain them. I think that’s a fundamental truth against which the gun control proponents have no valid argument. A background check, a form, or rationing is only going to stop an idiot or someone who’s really not determined. Given that there are undetermined idiots out there who want to commit crimes, I have no doubt background checks have stopped some potential crimes, but because this happens at the margin, it doesn’t show up in overall violent crime statistics, and doesn’t really do a whole lot to make society safer.

The only way you can expand the margins is to make guns harder to get for law abiding people, and as we’ve pointed out repeatedly, even total prohibition isn’t going to stop smart, determined criminals. It’s certainly not going to stop gangs and drug dealers who are responsible for most of the violent crime in this country, and who already traffic in contraband. But one could argue with credibility that prohibition would make it harder for certain classes of potential criminals, who don’t have black market connections, to get guns. One could counter that it would also make it much harder for ordinary people to get guns and defend themselves from the criminals, and there will be many, who will still get them anyway. But my point is that when prohibition is the philosophical root, there’s a lot more room to speculate, posture, and debate. It may be an unachievable, Utopian idea, but it’s an idea that’s deeply satisfying to those who blame the gun for societies ills.

I would posit that without prohibition, the gun control movement is nothing. The ironic thing is, from my readings, a lot of the the old school members of the movement to ban handguns understood this. Everything to them was an incremental step designed to break the back of the gun culture in this country so they could get to their eventual goal. The post Heller movement has, on their face, accepted the implications of a real Second Amendment right, but in their souls I don’t believe they have. So they are stuck arguing pointless measures that have no prayer of doing a damned thing to stop people who want to commit crimes from getting guns. Their predecessors understood this stuff to be pointless, if it wasn’t getting them farther to the goal. The remaining gun control supporters cling bitterly to the remnant scraps of what once was. How long before the gig is up, and even the die hards realize it?

New York Times Jumps on Board

They find it hard to believe NRA members would support assault rifles being smuggled to Mexico. Except this is all a manufactured issue. And even if it wasn’t, guns are already illegal in Mexico. The violence happens there, not here where they are largely legal (though not assault rifles). It’s their problem, not ours. You’re not going to disarm criminals who traffic in contraband.

Don’t want contraband smuggled into your country? Work with us to secure the border. It’s quite simple, really.

Proposed Preemption Language

Currently our state’s preemption statute says this:

No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

This has been interpreted by some to mean local municipalities have some power to regulate guns, despite the Courts saying otherwise. I would propose Pennsylvania adopt a variation on Washington State’s language, which is unambiguous:

The General Assembly hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the Commonwealth, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Codes and ordinances enacted by counties, cities, townships, other municipalities or political subdivisions are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

And we also have Rep. Metcalfe’s proposed bill which adds some teeth to the preemption language:

Remedies for unlawful regulation.–Notwithstanding any other provision of law, upon finding that a county, municipality or township in any manner regulated the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components in violation of subsection (a) or 53 Pa.C.S. § 2962(g) (relating to limitation on municipal powers), a court shall direct the county, municipality or township to pay actual damages and reasonable attorney fees and costs to a party who successfully challenges the regulation.

I think we need both Rep. Metcalfe’s bill and a rewrite of the preemption language to make it crystal clear to local governments that they may not touch the area of firearms. Sadly, I don’t think attorneys fees will be any deterrent to Philadelphia, who will be happy to waste city taxpayer dollars on challenges, and then run poor mouthing to Harrisburg for more of our taxpayer dollars. I would like to see appropriations from Harrisburg to Philadelphia be contingent on them not passing unlawful ordinances.