Guns – Page 115 – Shall Not Be Questioned

News Links for Tuesday 03-24-2015

News today has been pretty scarce, but I think I might have enough for a news link post:

Following up on progress in the states, the Florida Senate just passed a bill that allows people to carry a firearm without a license during a mandatory evacuation. It still needs a House vote, but it’s at least on the floor. Arizona is having a hearing for a bill, previously vetoed by Jan Brewer, that would allow carry in public venues like stadiums. I had not mentioned these bills in the previous post. Like I said, too many pro-gun bills to track! Good problem to have.

Moms Demand Action’s war on women: Against allowing expedited permit processing for women under active threat from a stalker or in an abusive relationship.

Boomberg has been smearing Scott Walker by pointing out he once supported a gun control bill. You know things are bad for the other side when they try to cause problems for politicians for supporting their bills!

Good guy with a gun saves lives in a Philadelphia barber shop.

New Jersey claims yet another innocent victim with their gun laws. This keeps happening because New Jersey’s gun laws entrap innocent people by design. It’s a way of rigging the law so easy and routine mistakes are felonies, and they can still look down on you smugly for thinking they are after your guns.

NRA’s Great American Outdoor Show generated $73 million for PA’s Harrisburg-Hershey region. How much money did CeaseFire PA’s Everytown Gunsense Show generate? Oh wait….

CSGV will soon deliver their petition to Fox’s Washington affiliate, WTTG, to have Emily Miller fired. Oppose them, and they’ll ruin your life. But remember, they’re all about peace and love.

Fresh off their defeat on ammunition, the Administration is now trying to make it harder for people to travel internationally with firearms.

Sued: Lower Merion Township gets sued for their illegal gun ordinances by FOAC and Josh Prince. We gave them a chance to comply with the law, and they gave us the finger. Now they can cut us a check for our trouble and have their ordinances struck by a judge.

What’s Going on in the States?

In truth, there are so many bills running, I can’t keep track of them all. In Vermont, it looks like a bill is running, S.141 to replace the failed private transfer ban. This looks like a straight up NICS Improvement Amendment Act compliance, but NRA is still saying “S.141 remains a solution in search of a problem,” and asking people to call their State Senators to urge them to vote against it. It would be bad for Bloomberg to be able to declare victory in Vermont. Also in trouble is Oregon, which is looking to pass a transfer ban as well.

Constitutional Carry was doing very well in West Virginia, until it met Governor Tomblin’s veto pen, aÂ bold move in a state that keeps getting redder. Constitutional Carry is still alive in Kansas, and is headed for a floor vote in the House. It has already passed the Senate there. It’s also looking like it might not be so dead in Idaho, as they are looking to pass Montana Carry (no permit required outside of cities). Utah’s Senate passed Constitutional Carry, but it faces an uphill battle in the House, and the Governor has vetoed it before. Tennessee tried to pass permitless open carry, but failed. Tomorrow, there will be a hearing for Constitutional Carry in New Hampshire.

Nebraska has a preemption bill in the works.

Missouri is running three pro-gun bills.

Arkansas is repealing its prohibition on green card holders from obtaining licenses to carry, and also passing a “shall sign” measure.

In Virginia, Governor McAuliffe signed two pro-gun bills into law, but still has another six sitting on his desk.

Iowa is trying to repeal their handgun purchase permit requirement, prompting Mom’s Demand to try one of their lame stroller jams. It didn’t work. The House passed the bill.

Bloomberg has launched a campaign to stop constitutional carry’s momentum, which is evident from all the opposition pieces in the mediaÂ using their poll showing people don’t want it. If you read how the poll was asked, there is probably a lot of confusion about whether support for the permit system is a pro or anti-gun position. I would argue their poll results are useless for supporting their position.

Campus carry is doing pretty well in Florida and Texas. Marion Hammer, NRA’s lobbyist for Florida, is arguing the opposition is using taxpayer money.

And this is hardly a comprehensive list. Overall, we’re doing pretty well, though we do risk going backwards in Oregon. There are a lot of blue states that are unfortunately probably lost causes over the long term.

Chicken Little on National Reciprocity

The Pittsburgh Post-Gazette’s editorial board doesn’t like Act 192 very much, or National Reciprocity. The media has been chicken little on this issue since the 1980s, and it’s always been a big nothing burger once it passes and blood fails to run in the streets. I also very much enjoy this meme promulgated by ignorant journalists:

The bill would hold hostage states with stronger gun laws (Pennsylvania, for instance) to those with weaker ones (such as Florida).

What? Despite our opponents best efforts to lie this meme into existenceÂ basic research, even ten minutes on Google, would have shown this to be complete nonsense peddled by groups who aren’t afraid to lie to make their case.

All it took to get my PA License to Carry was to go down to the local County Office, fill out a form, get my photo taken, pay $26 dollars, and one week later the license came in the mail after clearing the PICS check. That’s it.

To get a Florida license, I first had to get a training certificate. That wasn’t free. I think the one day course cost about 150 dollars. Next, I had to go down to my local police station and get fingerprinted. They charge ten dollars to do that. I had to get passport photos, so another $15 or so dollars. I had to fill out a form that was much more involved than the one Pennsylvania requires. I had to write out a check for 112 dollars, and send the application packet in. I had it sent back, because they require the LEO contact information to be on the fingerprint card, and I had forgotten that. Then I had to wait while they ran the FBI check. The license came in about 4 weeks.

No one who has ever had to use both systems would argue that Florida has the weaker system.

I’d also point out that no one on the editorial board even bothered to look up that Pennsylvania and Florida already have reciprocity, and that the bill currently in Congress would not allow a state resident to carry in her-or-her own state solely on an out-of-state license. So with regards to their objection about Florida, the bill in Congress would change absolutely nothing.

News Links for Friday 03-20-2015

It’s tab clearing time again, folks:

Clayton Cramer will be the featured speaker at the Firearms Policy Coalition 03/29/2015 in Sacramento.

NRA is opposing the confirmation of Loretta Lynch for Attorney General. It’ll be interesting to see who bucks NRA on this vote.

Rape survivor challenging Mom’s Demand Action.

Another case of CSGV being classy. Personally, I think it’s a tacit admission that their side is more motivated to action by cultural condescension and hate than they are by reducing gun violence. Where’s the fun if you can’t hate on people you think are beneath you?

There was a protest held in Bala Cynwyd ParkÂ to protest Lower Merion Township’s illegal ordinances regulating firearms. Lower Merion Township is being intransigent about repealing their ordinance, claiming it’s in line with state law and therefore legal. This is nonsense. More from the Inquirer.

An explosion in college shooting teams, including one at MIT. This is the work of the evil gun lobby!

Lawsuits challenging the NFA or 922(o)Â (the Hughes Amendment), at this point in time, are very poorly considered. At this point all you’re going to do is make bad precedent.

Many conservatives are blowing it on Ferguson, according to Red State. Red State is usually a bit too SoCo for my tastes, but they are absolutely right in pointing this out. Conservatives have to start taking police abuses seriously if they want to have any prayer of splitting black voters away from the Democrats. It’s also the right thing to do.

Caleb looks at why Bullseye is still the most popular pistol shooting sport.

NRA is going after two more illegal ordinances in the City of Lancaster.

The Washington Post is being even more ridiculous than usual.

Gun control groups distance themselves from the M855 ban. The stench of failure here belongs entire to the Obama Administration.

Remember, we need to have a national discussion on gun violence, but at no point should that discussion ever include someone who might disagree with gun control groups.

Massad Ayoob dives into the shark infested waters of the Open Carry debate here, and again here. I am in general agreement with his position on this.

Looks like a former staffer for Eric Cantor will be lobbying for Bloomberg. Like I’ve said, you don’t find many true believers in DC, even among Republicans.

On the other hand, sometimes you can make friends out of former enemies.

Joe Manchin doesn’t like West Virginia’s Constitutional Carry Bill. That’s OK, because I’m not West Virginians much like Joe Manchin. I guess we’ll find out in 2018.

You’ll often hear people say “Die in a fire!” as an insult, but as a gun owner, if you really do die in a fire, there are some on the other side who will be happy about it. Also, they have only the utmost respect for our nation’s veterans.

Bill Haslam not so pro-gun anymore? Well, he was once a member of MAIG.

Family court rules that all guns must be removed from a father’s home until the kid is 18. Without having to reach Second Amendment issues, a higher court reverses only on grounds that the order is ridiculous.

It’s worth mentioning again: It’s a bad idea to take self-defense advice from Joe Biden.

Fear is All They Have, Because They are Afraid

States United to Prevent Gun Ownership opened a phony gun shop in New York City to sell fear and shame. I agree with people who say this is desperation. Their real fear is that with a few more favorable court rulings, we’ll be opening real gun shops in New York City, selling real and legal guns, to ordinary people who aren’t celebrities or rich bankers as under the current privileged regime.

But to do that, we need another strong Supreme Court ruling from the courts. To get another strong Supreme Court ruling form the courts, we have to win the 2016 Presidential elections so we have a chance of making this a 6-3 or 7-2 Court on a strong Second Amendment. The chances of the entire Heller 5 surviving another Democratic Administration is practically nil. If we lose 2016, we will almost certainly lose the Second Amendment as any real meaningful protection. That’s what’s at stake. That’s why I’m so disappointed seeing people falling into Obama’s trap and tuning out. That’s what he wants you to do. That’s why he hasn’t moved to the center. He’s willing to burn it all down to get what he wants, and it would seem a lot of us are willing to let him.

The New Glock 43

Massad Ayoob takes a look at the new Glock 43. I may be interested in this firearm. I tried the .380 caliber 42 when it came out, and thought it was a bit large for not being a 9mm. This may be something I could carry in summer, I’d have to see. I may have to get one, just to see what can be done. I’ve found Bitter’s SIG 239 to carry easier than my Glock 19, but I’d prefer something like the 43 over a SIG, since I’m used to Glocks.

I carry a Glock 19 in the winter when it’s easy to conceal under a jacket. Once upon a time, when I was younger and thinner, I successfully concealed a Glock 19 in the summer with just an untucked shirt. I’ve found as I’ve gotten rounder, the 19 is hard to conceal without a jacket, since my waist is no longer thinner than my shoulders. Maybe the 43 is small enough as to not print. I usually carry the 19 at 4:00. I used to be able to carry it at 2:00 without much problem, but again, being rounder makes that much less comfortable these days.

I’ve been looking for a alternative to the Ruger LCPÂ for pocket carry,Â even if it’s a little bigger, but these single stack offerings from Glock seemÂ too big for the pocket. My major complaint about the LCP are the front sights are useless. If you buy an LCP or its twin the Kel-Tec P-3AT, you really really need the laser option. I should have gotten the laser, but then Bitter went and got me a lovely Mitch Rosen pocket holster to go with the LCP for Christmas, and it won’t accommodate the laser. I hated for it to go in the dead holster drawer ahead of its time, but to this day, I still can’t find the front sight on the LCP when I draw it, so it’s time for a change sometime in the not so distant future. Whether that’s a laser and a new holster, or another pistol, I don’t know yet.Â I’ve looked at other options, like the Smith & Wesson Bodyguard .380, but it’s a bit bulkier, even if I like the feel better than the LCP.

Anyone out there successfully pocket carrying a firearm that isn’t an LCP or P-3AT? Keep in mind I don’t like deep concealment options. Pocket carry is slow enough on the draw as it is.

Constructive Possession in a Family Mental Health Crisis

A lot of people argue constructive possession, citing US v. Turnbough. See more from Josh Prince. I am not a lawyer, so I don’t quite have the paranoia of one. But it seems to be that an interpretation of constructive possession for NFA items that doesn’t allow you to have a normal family life should be problematic. If constructive possession is to be extended to wives or children when the NFA owner leaves the home, unless the item is kept in a safe to which no one else has the combination, then family men really can’t own them if you don’t put them on a trust, with all your family members on the trust. Maybe that’s true, but it would seem to be there are a lot of people out there breaking the law if that’s true.

US v. Turnbough, is an unpublished (non-precedential) 7th circuit order pertaining to a highly unsympathetic defendent. Turnbough was raided for traffickingÂ six 55-gallon drums of marijuana within a school zone (he lived within 1000 feet of a school). The firearm they went after him for was a “handmade .25 caliber handgun,” which I’m assuming (I don’t have the original case) must have been able to fire more than one shot per trigger pull, had a fore grip, or had a stock, because theyÂ busted him for a violation of 26 U.S.C. Â§ 5861(i), whichÂ requires the gun in questionÂ be an NFA weapon and not an ordinary handgun.

Could a prosecutor come after you for even constructive possession of an NFA owners stuff if that owner’s doctor said they were suicidal, out of their minds on pain meds, and they should have firearms removed by family? Yes. But in truth, if a prosecutor wants to come after you that bad, they can probably find a dozen things, especially if you’re a gun owner already. But will they? Probably not, and I doubt they’d have an easy time gaining a conviction if they did, especially if you can show you made some effort to comply with the law.

If it were my family member, and they were going through a mental health crisis, I honestly wouldn’t give a rat’s ass what the law is. I think rendering the firearms inoperable without physically taking them into your possession is a good compromise. I think most reasonable people would agree. So I’d say don’t worry about what an unpublished decision in the one federal circuit has to say about it. Do what’s right by your family member.

Just remember, I am not a lawyer, and you could still get in a lot of trouble. If it makes you feel any better, if I’m on your jury, I won’t convict you under those circumstances.

Dealing with NFA Firearms as a Family Member

SayUncle relays a story of a someone who’s run into a situation where doctors have asked that the family remove firearms from the home of a person who was incapacitated in a recent car accident. The problem is he’s an NFA owner, and presumably the family isn’t on a trust. So is taking them even legal?

[UPDATE: See more here.]

The answer is no. It’s absolutely illegal for family to take them for safekeeping while he recovers. But there are alternatives. First, if there are suppressors, they are useless without the guns they attach to. Just leave them and take the guns.Â Second, if they are firearm NFA items, the receiver is usually the registered part. Take parts that aren’t “firearms,” but in whose absence the gun won’t function. If it’s a short barreled rifle, say an AR, it’s legal for someone to have the short upper provided they don’t have a receiver to go with it. Having a firing pin or a bolt is not usually a problem (though you have to be careful with machine gun parts if you own a non-machine gun that would accept the part). But for people who don’t own guns, or don’t own those guns, taking a firing pin, bolt or non-serialed upper out of a registered machine gun shouldn’t be illegal. It’s the receiver that’s the machine gun. There’s also the option of putting a lock on the gun and keeping the key, changing a safe combination, etc.

Now of course, I’m speaking generally. I can think of specific ways someone who doesn’t know what they are doing could end up violating the law and spending 10 years in federal prison. There are registered machine guns out there where the sear is the NFA serial numbered part. There are some firearms where the upper is the “firearm.” Like I said before, you have to be careful about taking parts where you might have firearms that those parts fit. So be careful. The “safe” bet, for you, as a family member, is to let your loved one take his chances, and hope he or she doesn’t off themselves. Â The law does not have compassion, and seldom has common sense. There are always unintended consequences.

Beck Walking Back NRA Statements

I’m told that Glenn Beck is walking back his NRA comments from last week on his radio show today, which is good. Grover Norquist announced that he welcomes NRA’s investigation. Like I said, I have mixed feelings about DC insiders on the NRA Board, but I do have to admit that David Keene fits that definition, and I thought during the worst of Sandy Hook he was quite an elegant speaker on behalf of the cause. But what bothered me about Beck’s statement was that it showed a lack of understanding about how NRA picks its board, and showed a willingness to hurt the organization over tangential issues. I should note that distinct from arguing NRA is too soft, etc. That’s a separate argument.

At this point, there is no control NRA can exercise over whether Grover Norquist wins or loses. The only control really is through the nominating committee, and that is largely a board entity. That ship sailed in January. Grover’s future on the NRA board is now exclusively in the hands of voting members. Second it’s over an issue that has no relationship whatsoever to NRA’s mission. Even if the accusation is true, I don’t see how one board member out of 76 is going to help accomplish a Muslim Brotherhood takeover of the NRA. I agree with the reader who commented that he didn’t see the Muslim Brotherhood end game here.

There are dozens of people who are on the NRA board I wish weren’t, but it’s never been something I’ve thought worth quitting over. I just don’t vote for those people. If all Glenn Beck did was encourage his audience to not vote for Grover, I’d think that a perfectly productive way to deal with the issue. It’s the threat to quit, and by influence having members of his audience follow that I took issue with.

Here Comes the Democrat Ammunition Bans

After ATF’s capitulation, the Democrats were quick to show their true colors and wave the gun control flag proudly.Â First out was Rep. Eliot EngelÂ (D-NY) with H.R. 1358Â “To enact into law a framework for deciding whether certain projectiles areÂ primarily intended for sporting purposes for purposes of determining whether the projectiles are armor piercing ammunition.”Â It looks like we’re going to have another bill later this week, introduced by Rep. Jackie Speier (D-CA). Unlike Engel’s bill, which we do not have language for yet, Speier has introduced her bill in previous Congresses. Her bill would ban all centerfire rifle ammunition, because it changes the standard to apply to any ammunition capable ofÂ penetrating body armor typically worn by police officers, and which is designed to stop handgun rounds, not rifle rounds.

This is all fine by the Democratic Party of Barack Obama. It’s not that there haven’t been reps out there on the anti-gun fringes for a long time, introducing bills like these that they can put on a press release knowing they will die in committee. What’s different now is they are out, proud and loud about how anti-gun they are.Â Take Steve Israel for example, calling ATF “cowards” for backing down from a clearly unworkable proposal. There was a time when the Democratic Party believed that gun control was an issue that was keeping them out in the wilderness, and started to walk away from it. We have to ensure they stay out in the wilderness, for a while, until it’s become apparent they’ve really learned their lesson.