Parking Lot Law

Looks like the federal courts aren’t going for it. I really don’t like this reason:

The federal district court bought their argument that the state law conflicted with the federal 1970 Occupational Health and Safety Act, which requires employers to minimize workplace risks.

The Supremacy Clause reigns, I suppose. So now the OHSA requires employers to ban guns in the workplace? That’s what this would appear to be saying. Someone needs to explain to me what all this has to do with interstate commerce again.

Clarification on the Machine Gun Issue

I don’t mean to make it seem like I’m suggesting we ignore the machine gun issue, pretend it doesn’t exist, and not talk about it.  Far from it.   There’s a big difference between talking about the issue, and getting on CNN or another national news outlet and saying “Why yes, we support in legalizing machine gun ownership.”

All I am saying is that it’s not time right now to have a national debate about this.   That is step 32, and we are on step 4 or 5 at most.   So if we want to move the ball forward, what do we do?

I’ll leave the comment section of this thread for folks to offer constructive suggestions on how we can get from our current state, up to being able to seriously petition congress and the public to agree to liberalize the current Title II machine gun provisions.  Remember that the starting state is the vast majority of the public, and Congress, being hostile to your idea.

Wisdom from Countertop

Countertop made a comment over at Uncle’s that I wanted to highlight here, because he’s so very right:

Because if you don’t message well, then you risk throwing the whole thing in the toilet.,

don’t get greedy. don’t read into what Cox said. don’t think anyone outside the gun culture things you have any right to machine guns.

If it becomes a debate about access to machine guns, we all lose.

You class 3 folks need to get over it, get off your high horse, and realize we are all in this together and its going to take baby steps to get it all back. We are close. We are real damn close, but somehow for ever 5 steps forward we take the nuts (at the urging of GOA I suspect) insist on pushing us back 6.

I try to be a bit more diplomatic than that, but he is right, and sometimes it takes spelling out in harsh terms to get it out there to folks. There’s just no way to win on this issue right now. It’s “hearts and minds” time on the issue.

UPDATE: More wisdom from Bitter.

Throwing NFA Collectors Under the Bus?

I agree with Uncle over at his post on NRA and machine guns. Just for the record, here’s the context:

BECK: We’ve already had that. We don’t put NASCARs onto highways and we don`t put machine guns into the hands of people, either.

HELMKE: That’s an interesting issue because there was a machine gun in effect ban that was passed by the federal government in 1934. What’s the NRA’s impression of that?

BECK: Chris, Chris.

HELMKE: How about the Brady Bill?

BECK: Chris, are you for fully automatic machine guns?

COX: We’ve never advocated fully automatic machine guns and Paul knows it. But, again, Glenn, this is very basic. It’s —

HELMKE: How about Brady background checks?

COX: Paul, let me finish.

You guys supported waiting periods. You didn’t support instant checks. So let me finish. The basic question is do you support an individual, a good honest person, and their right to own a firearm for self-defense? Sarah Brady has said there’s no reason to own a gun, you can`t own a gun for self-defense. Paul, and his group have filed —

(CROSS TALK)

COX: Paul, your group filed in this Supreme Court case briefs saying that the Second Amendment was not an individual right. That honest Americans did not have the right to own a firearm.

(CROSS TALK)

COX: You’re wrong, Paul. And you’re wrong to go on national TV and suggest that you somehow support the Second Amendment, when your actions speak louder than your words.

If you want my opinion, Helmke was deliberately trying to get Chris to go on record as being for a gun control law. I know the Brady’s read gun blogs, including this one (I’ve seen them in the logs). They keep track of the arguments we have within our community. Recently they are pushing HR2640 heavily on their blog. We know that they have been trying divide and conquer tactics in the past, and I believe this is part of that.

The machine gun issue is a touchy one. Touchy because it’s fraught with political land mines. For one, the vast majority of the population doesn’t think they ought to be legal. For two, there would be a lot of NFA collectors who would oppose changing the law, because it would send the value of their collection into the toilet. For three, there’s no way in hell you’ll ever get a repeal of the 1986 Hughes Amendment out of congress, unless the NRA suddenly gets a lot more political clout.

We have a long long way to go on the machine gun issue. Right now, it’s going to be about winning hearts and minds. But I agree with Uncle that we can’t throw machine gun collectors, and people who want to be machine gun collectors, under the bus. We have to find a way to deal with this issue publicly, and mold the debate so that a future step can be taken if there’s a favorable change in the political climate.

Now, some of you aren’t going to like this, but the public rhetoric needs to be that we support the National Firearms Act. The only way, you’re ever going to convince the public and the politicians to repeal the 1986 Hughes Amendment is to convince them that the NFA was just fine, and that the 1986 ban went too far, and is too restrictive. Even this is going to be a hard sell, I’m sorry to say. But if you just say “repeal it all” the public and politicians are just going to say “no” and dismiss you.

Politicians, and sadly most of the public, don’t think your second amendment rights extend to legal ownership of machine guns, and they aren’t going to be swayed by an abstract argument about resisting government tyranny or the natural rights of man. Step one is convincing people that repealing the 1986 ban isn’t really a big deal. We’ll burn the other bridges when we come to them.

UPDATE: David Codrea disagrees.

Intervening on Behalf of Others

Someone pointed me to this story describing a sorry situation that a Pennsylvania LTC got himself into:

Mr. Gittens said the fight started at Tink’s Night Club in Scranton, where Mr. Padilla was fighting with a woman and Mr. Gittens thought he was not treating her with enough respect.

A group of people left Tink’s and traveled to Denny’s. About 3 a.m., Mr. Gittens and Mr. Padilla began to argue in the parking lot. Blows were exchanged and Mr. Padilla lunged at him with a screwdriver, Mr. Gittens said.

“He stabbed me in the arm; there was blood,” Mr. Gittens said. “I couldn’t believe he stabbed me. So I went after him again.”

Pretty soon, others stepped in and separated them. Mr. Belmonte was holding Mr. Padilla back, and pulled out his .40-caliber Glock pistol when Mr. Padilla took another swing, Mr. Gittens said.

Looks like this guy stepped in to separate his friend and Mr. Padilla.  His friend was the aggressor in the situation, having initiated the confrontation.  This was bad move number one.  I don’t like my friends this much.  If I were out with a buddy and he got himself into a fight, at worst it wouldn’t be the other guy I’d be restraining.   At best I’d call the police and let them deal with his sorry ass.

Charges have not been brought against Mr. Padilla, because “it was pretty clear he was not the aggressor in all this,” Ms. McCambridge said.

There’s a lot of missing information here.   Was someone restraining Mr. Gittens as well?  Had Mr. Gittens broken off the fight when Mr. Padilla resumed it and was shot?   Was he armed with the screw driver when he was shot?

Mr. Belmonte is claiming self-defense, which it could be, depending on whether hostilities had broken off and Mr. Padilla resumed them, and whether he was still armed with the screwdriver.  But I can see why the ADA would bring charges in this case.  There are probably multiple stories in this altercation and alcohol was supposedly involved, so she will leave it up to a jury to decide whether this was justifiable self-defense.

This illustrates the dangers of getting involved in the affairs of others.  This is really a matter that Mr. Belmonte should have stayed out of.  He definitely shouldn’t have been drinking and carrying, if that turns out to be the case.  Even if he is found not-guilty on these charges, he’ll probably never get another LTC in Pennsylvania.

Anti-Gun Fiction

Late last week a commenter by the name of Lynn Hoffman came to comment on Bryan Miller’s blog. It would seem that Mr. Hoffman, a fellow Philadelphian, is a food and wine critic, and author. Now, the comment was bad enough, but it would also seem that Mr. Hoffman is the author of an anti-gun work of fiction called “bang BANG”.

Being the curios fellow I am, I decided to look up what this book was about. Here’s part of a review I found:

Enraged by the use of her words and picture by a pro-gun US Senator, and after seeing herself in an ad for gun rights in Telescopic Sight Digest, she takes to the streets of her Center City Philly neighborhood–with a BB gun. Her first target is a Jeep Wagoneer, chosen for the UGA (United Gun Association) decal on its rear window. Her ensuing spree is highlighted by a “Valentines Day Massacre” of at least forty UGA-stickered windshields in the city.

This is fiction from the gun control folks; glorification of vandalism against gun owners who stand up for their constitutional rights. Unbelievable. Just more Reasoned DiscourseTM, I suppose.

Zeroed In and Ready to Go

Been a while since I was at the range, but I had to go today to make sure the scope on my AR-15 was zeroed in with the ammo I’m using.  I think I have it as zeroed as it’s going to get.  I also just wanted to check out the AK-74, to make sure it’s all happy, which it is.

Other than the fact that once I found my zero, I was shooting like crap, I think I’m ready for GBR.   Joining me will be my scoped AR-15, and the AK-74.  Mr. Glock will be staying home, since I can’t carry it in Nevada, and weight for guns and ammo is now at 40lbs, and I don’t want to go any heavier.

SayUncle tells me this range goes out to 400 yards, and there will be steel plates.  Sounds good to me, but based on how I was shooting today I hope those plates are big.

“Militia Nullification”

How would the “doomsday provision” the second amendment is meant to be, work in this country? We’ve had some good discussion in some previous threads, but I think on both sides it’s being a bit oversimplified.

Things aren’t as black and white as either side makes them out to be. An en-mass uncoordinated resistance to a rouge government, absent any overall structure, isn’t likely to happen, or be successful, which is why our founding fathers spent so much time bickering about the militia.

Any resistance to a perceived tyranny on the part of a state government is going to result in people leaving that state, or in the federal government marching in to enforce the constitution.

Any resistance to federal tyranny is going to result in states seceding from the union, and invalidating federal authority within their borders. Once that’s done, the states can work on raising an army to resist the inevitable assertion by the feds that they do have authority.

When you find yourself in that situation, as a state, or groups of states, it helps if you have an armed body of people that are proficient in small arms. It helps even more if you’ve drilled your militia so that they have some basic military training as well.

It’s not a guarantee that you win; you might lose. The last time this happened, the seceding states lost. That time, the seceding states were wrong. They might not always be. The second amendment exists to make such things easier. It doesn’t guarantee that the government will always lose, or that the people will always win. It just raises the cost of enforcing a political hegemony. Sometimes that’s enough. It very nearly worked for The South, the last time this happened.

That’s not to say the second amendment can’t work on a more local level. It’s worthwhile to remember the Battle of Athens, which occurred in 1946, when a group of returning World War II veterans decided they had had quite enough of their corrupt and oppressive county government, and decided to do something about it.

Also worth noting are the Deacons for Defense. Not to mention the dozens of civil rights workers who regularly carried firearms while working in The South. Both these groups were battling what amounted to a domestic terrorist operation. Would The South have been better off if only the Klan had guns? Considering the Klan and the government were sometimes inseparable in the Jim Crow era, and considering Southern gun laws were seldom enforced against whites, this would seem to make a pretty strong case for the 14th amendment’s vision of our rights, including the second amendment, being applied to everyone, equally.

Is NRA Anti-Cop?

That’s what Chris Fitzsimon says:

Sheriffs and police chiefs are also among the most respected officials in many local communities, another reason why they have such tremendous influence with state lawmakers.

So you’d think that a major policy report from the International Association of Chiefs of Police, the largest nonprofit organization of police executives in the world, would have some impact in the state and create a buzz in the local media.

But it didn’t happen when the Association issued its recent report “Taking a Stand: Reducing Gun Violence in Our Communities,” and it’s not hard to figure out why.

Politicians are all for law enforcement when it means getting tough on criminals, but when it means confronting the National Rifle Association and other gun groups, the love for law enforcement seems to disappear.

Might have something to do with that study being bought and paid for the by the anti-gun Joyce foundation, as we’ve documented here on the blogosphere.  Sometimes I wonder if they are deliberately trying to pull the wool over our eyes, or just don’t bother to do research.

Might also have something to with police chiefs being political appointees, who serve at the behest of their typically anti-gun big city mayors, and who represent the views of ordinary beat cops about as much as Mickey Mouse.

NRA being anti-cop just really gets my goat, especially when the current president is a former police captain, that thousands of NRA certified instructors train any numbers of officers in a given year.  How many police officers who attend the National Police Shooting Championships feel like NRA isn’t supporting them?

But no, doing a little research would have ruined the whole point: That the National Rifle Assocation is anti-police.  Just because Mr. Fitzsimon wishes it were so, doesn’t make it true.

Bradys Tried to Talk Fenty Out of It?

I suspected this was the case, but according to this article, it seems that it was actually the case:

Helmke, of the Brady Campaign, said the group suggested to Washington that it rework its gun laws rather than press on with an appeal. A broad Supreme Court ruling on the Second Amendment could jeopardize a variety of laws, including waiting periods for handgun sales and California’s machine gun ban, he said.

I understand why The Brady Campaign would want that to happen.  Strategically, it made sense to reword the laws to be near-prohibition, similar to NYC, and force us to go back to court with a weaker case.

But Fenty had to do what he had to do, politically.  Fenty isn’t President of The Brady Campaign, he’s Mayor of Washington DC.  It might not be the rational thing for their side, but politics are seldom rational.

“This is the capital of the United States of America,” Barnes said. “What kind of message are we sending when you say we want more guns?”

We’re sending a message that we take our constitution seriously.

Hat tip to Cam Edwards.