On the “B” Word

Over at Common Gunsense, our host has taken unkindly to being called a “Bigot.” My American Heritage dictionary defines the word thusly, “A person who is utterly intolerant of any differing creed, belief, or opinion.” In the modern American vernacular, we’ve largely forgotten about the latter two objects and concentrate almost exclusively on the first. In terms of the literal definition, we have all certainly met gun control advocates who fit it, by displaying a wildly condescending and contemptuous view of those who exercise their rights. I will leave it to readers to decide whether the proprietor of Common Gunsense fits that definition, but it’s not my purpose in this post to weigh into that particular debate. My purpose is to point out that I think Ms. Peterson has a point about the “pot calling the kettle black” in terms of some of our folks having bigoted attitudes towards people who merely disagree with us about the role of arms in American society.

Most of the tossing around I’ve seen of the word “bigot” seems to germinate from a belief that because these individuals are advocating against an enumerated civil right, that they aren’t any different than those that advocated against civil rights for blacks and other racial or ethnic minorities. I’ve said before that I think there has to be a distinction, morally, between hatred of someone because of immutable characteristics, and hatred of someone because you abhor a behavior of theirs, even if that behavior is constitutionally protected.

You can draw First Amendment analogies here, since speech is characteristically a behavior rather than an immutable quality, and speech, like firearms ownership, is constitutionally protected. I don’t necessarily consider someone advocating for a law preventing Fred Phelps and others like him from picketing a funeral to be an intolerant bigot. Misguided, yes, but not necessarily a bigot. Reasonable people can disagree about the nature and scope of the First Amendment, especially weighted against protecting the privacy and dignity of the families of service members who have been killed in action.

Advocacy of a position only really descends into bigotry when it’s based on an intolerant contempt for the individual or individuals who are engaging in a behavior, or holding a contrary opinion. It wouldn’t, for instance, be bigotry for someone to suggest “I really believe that jury verdicts shouldn’t need to be unanimous, because it costs taxpayers a lot of money for new trials, and often lets the guilty go free.” You could express the exact same opinion in a  bigoted way, however, by saying, “I really believe that jury verdicts shouldn’t need to be unanimous, because your average working class rube, too stupid to get out of jury duty, is too ignorant in judgement to be trusted with the outcome of a verdict.” The latter expression of the same idea displays a bigoted attitude towards average, working class individuals. Both attitudes are treading into the territory of weakening a traditional civil right, but only one displays any evidence of the opinion having a bigoted origin for the opinion.

In our issue, someone saying “I believe in banning handguns, machine guns and assault weapons, because they are dangerous to society, and no one except the police and military should be allowed to have them,” is not displaying any hint of bigotry. The same person saying “I believe in banning handguns, machine guns and assault weapons because anyone who could possibly want to use one is certainly a homicidal manic out to mow down kindergartners,” is a bigoted viewpoint. It might be a surprise to many who support gun control, but when you call people of good will and character dangerous, mentally deficient, sexually dysfunctional, or insane, only because they engage in a behavior or have an interest you disapprove of or don’t understand, they tend to take that quite personally, and will lash back with insults of their own.

If there’s to be any dialog, even if that dialog only results in having to agree to disagree, both sides need to come to terms with exactly who the other side is. Gun owners who believe in a very strong, broad, and robust Second Amendment are not evil, dangerous, sexually challenged, or mentally deranged people just because the hold that opinion. They aren’t scary, wild eyed beasts out to cause mayhem. And by the same token, those that advocate for a narrow or inconsequential Second Amendment are not necessarily that either, nor are they the modern day equivalent of the KKK.

I think both sides owe the other more than that. We may end up doing nasty and underhanded things to each other as we struggle against each other in the court of public opinion, but we should be cognizant of keeping the political struggle separated from personal ones. It is fine to be dogged, unrelenting and aggressive in the political space. The personal space is something else, and from what I’ve seen I don’t think either side has a monopoly on nastiness in that arena.

The Need for LTC Reform

Getting highlighted in the debate over the passage of Castle Doctrine. Senator Daylin Leach, a far lefty, offered the “Florida Loophole” amendment:

Sen. Robert Robbins (R., Butler) said Philadelphia residents were being forced to go to other states because authorities have “reinterpreted” the state law. He said he had heard of cases where people were denied gun permits for minor infractions like parking tickets.

Leach argued that if Philadelphia was violating state law, then people could sue the city, and he told lawmakers that if the state law was too weak, then change the law.

So does that mean we can count on Seantor Leach’s support in removing the character clause then and making the standard for issuance, denial or revocation of a License to Carry strictly objective? As for suing the city, you have to hire a lawyer for that, and only the rich can afford lawyers. They are certainly orders of magnitude more expensive than paying the 120 or so dollars to Florida for one of their licenses.

Over at PAFOA, we can see for the last year such data was reported, Philadelphia revoked at a rate of approximately 17% of the permits issued in that year. From 2000 to 2006, they have represented anywhere from 32 to 40% of the total number of revocations in the entire Commonwealth, despite only issuing about 5% of the total LTCs statewide. Allegheny County’s revocation rate per year, by contrast, is anywhere from 0.46% to 1.28%. They peaked at 6.64% of the statewide total, issuing more than twice the number of LTCs as Philadelphia. This is all compiled with State Police data that mysteriously disappeared when the new anti-gun commissioner took over, though I still have the original sources.

Something is wrong with that picture, and it has to be fixed. Making people hire lawyers to sue the city is not the answer. The law has to be changed. I’m glad to see Leach realizing that, and look forward to his support on a reform bill.

New Lawsuit Challenging Misdemeanor Prohibitions

I have to hand it to Alan Gura, this looks like a brilliant way to attack the issue of people who have been prohibited from exercising their Second Amendment rights due to a misdemeanor conviction. The courts will be looking at, and issuing opinions and dicta on the issue without the baggage of a domestic violence conviction hanging like a black cloud over the case. Gura is very good at picking clients, and this guy couldn’t honestly look any better and still make a case.

He got a misdemeanor simple assault as a serviceman in the US Navy while stationed in Annapolis as a young man. He went on to serve in Vietnam and was honorably discharged. He has not been in trouble with the law since. But since Maryland did not set a maximum sentence for the crime, it is disabling under federal law. I had no idea, to be honest, this circumstance even existed.

Good News on Castle Doctrine

Castle Doctrine has passed the Senate. Apparently they tried to amend a bill to close this bogus “Florida Loophole”, which failed 20-29. I have no news yet on what other amendments may or may not have been added. I had an election tonight at my gun club which left me unplugged for most of the evening.

I’ll be honest, I’m not happy that the reciprocity issue got 20 votes, including Tommy Tomlinson (my state Senator, who has always been friendly), and Stu Greenleaf, who was friendly most of the time.

We’re losing the Philly suburbs folks, and if we do that, Pennsylvania does not stay pro-gun. Tomlinson and Greenleaf ultimately voted with us on Castle Doctrine, which I do appreciate, but the vote to weaken reciprocity, with no concern for addressing our issues with the LTC system, is unconscionable in my book.

Brady Head Bashing

I highlighted this article at the end of the previous post, but I thought it was interesting enough to point it out in a separate one. I absolutely love reading passages like this:

“I think the Obama administration has been loathe to act on anything — or say anything — related to guns,” Chad Ramsey of the Brady Campaign told TPMMuckraker. “The administration has said almost nothing about the gun issue since Obama took office.”

Despite several attempts last week, TPMMuckraker was unable to get a White House official to respond to requests for comment about their priorities on gun control. Likewise, the Brady Campaign has tried to have a number of meetings with Obama administration officials, but “hasn’t had much luck,” Ramsey said.

So the Administration won’t even meet with them. No wonder they are upset. In other news, this is the first I’ve heard of Chad Ramsey. He must be a new hire, perhaps to replace Doug Pennington, a previous Brady spokesperson, who I think left to go work with unions. We wish him luck, as we do all Brady staffers who move on to other issues.

We legitimately did fear the worst from Obama, but it seems clear his passion for gun control was an inch deep, and not that much more wide. It has been one pleasant surprise from this Administration. Nontheless, he still put Kagan and Sotomayor on the high court at a time when increasing pro-Second Amendment votes on the Court is critical. In that respect, I think the Brady folk have been unduly harsh on him. We’re still one heart beat away from Obama being able to indirectly undo the worst thing that has ever happened to the gun control movement.

Castle Doctrine Being Held Hostage

Apparently by the animal rights people. According to NRA they have attached the pigeon shooting ban to HB 1926.  This means that HB40 is now our only hope of passage of a clean bill.

Just to clarify, HB40 is the Castle Doctrine bill passed by the House last week, and now pending in the Senate. HB 1926 is another House Bill to which the Senate attached its version of the Castle Doctrine. There are currently two bill containing Castle Doctrine in the Senate, HB 40, and HB 1926. We’re looking to get a clean bill, no bad amendments, out of the Senate. Right now HB 40 is the only hope for that, since HB 1926 has been amended with undesirable language.

Self-Defense Opponents Won’t Give Up

I have a headache. I don’t think it was caused by beating my head against the wall over getting a simple bill like Castle Doctrine passed, but I’m pretty sure that’s why it won’t go away.

Good News: Today there should be movement in the Senate. (Link courtesy of reader Adam Z.) This is particularly important because of this is the week it has to pass to make it to the Governor’s desk.

Bad News: Reports that the anti’s just won’t give up on this one. This may mean a problem with amendments. If any amendments are added, the bill is dead. There’s no opportunity for the House to take it up again. It must be a clean bill.

Back to what makes this so infuriating: How on earth does a bill that passed the House by a 4-1 margin end up being so hard to pass through the legislature? This isn’t even a gun bill, it’s an issue of clarifying the self-defense laws!

Legal in a Lot More States than That

The New York Times doesn’t seem to get that we just recently made it legal in four states, but there’s a lot more states than that where it’s legal to carry a firearm into a restaurant. Actually, very few state prohibit it. The only reason the times makes this an issue is because they are mis-characterizing it. In most states, there is no legal definition of a bar. The New York Times mis-characterizing, and probably editorial selection, is probably why the vast majority of their letters attack restaurant carry. It’s not about enabling people to carry drunk. Carrying drunk is legal in many fewer states, and even in states where it technically is, like PA, you’ll probably still get your LTC revoked if you do it.

More Feigned Easement of Draconian Laws

In Puerto Rico. Their easement looks more like Chicago’s:

Torres said the measures will include a requirement that shooting ranges keep logs of how much ammunition their members use and cap the number of bullets each client can fire in target practice at 500 per year.

I’d say that’s still pretty unambiguously unconstitutional to place limits such as that.

The House legislation under analysis would require gun clubs to maintain logs that include information relative to the quantity and caliber of the ammunition that shooters use onsite. It would revoke licenses from any such business that does not comply with the legislation.

Puerto Rico might end up being a pretty good place to get some lawsuits going, considering it’s restrictions are even more onerous than Massachusetts’, and it resides in the same federal Circuit as a Massachusetts. Defeat licensing there, you defeat it in Massachusetts and Rhode Island as well.