The Consequences of the Colorado Ban on Non-FFL Transfers

Charles C.W. Cooke relays a story of a Colorado woman who had a firearm taken by police after she was involved in a serious car accident. So far so good, I would hope if I’m involved in a bad car accident the police would take care to secure the firearm so I could retrieve it at a later date. But that part ended up being the problem. Given that Colorado law doesn’t make any exception for someone picking a firearm up from police custody, the police weren’t sure how to go about it, so they just kept the gun.

Remember that this crap about Universal Background Checks has nothing at all to do with background checks. It’s about making gun ownership complex and risky, and trapping unwitting gun owners like this woman. The police can easily run a check on her to ensure she’s not a prohibited person. In fact, they probably did this early on. But yet they can’t return the gun to her easily because the law is stupid and incomprehensible, and was written by people who didn’t care what kind of burden they were forcing on ordinary Americans.

This woman didn’t know they had passed these laws, but once she found out, she got angry, and got active. I keep saying this 90% figure is completely bogus. People will tell pollsters anything they think sounds good. When you explain what the actual consequences of the law will be, people suddenly stop supporting it.

I’ll Gladly Pay You Tuesday for Some News Links Today

The media cycle on the issue is getting a bit slow, as happens sometimes. I try not to do too much in the way of filler on this blog, so if I don’t have stories to comment on, I just don’t have as many posts. But I think I may have some news links to share. Sometimes I don’t know until I go through the tabs and see:

General Gun News:

17 year old girl beats an incumbent State Delegate in West Virginia. She ran on the Second Amendment.

Also from Bob Owens: “The Long, Slow Death Of The Gun Control Cult

How about that: it turns out gun trafficking is illegal after all. What the gun control folks and the feds want to do is make it a strict liability felony, with no mens rea requirement.

What exactly is GDSI up to? Looks like trying to buy some pro-gun street creds. I believe they are very dangerous.

Why does the USDA need a SWAT team? Mad cows! Mad cows!

Looks like things could be heating up again in Illinois.

Tam: Logic is Dead.

SAF wins a victory in Arkansas, getting their law denying legal residents thrown out as unconstitutional. Non-citizens have Second Amendment rights too.

Personally, I’m kind of happy to see more anti-gun folks at least acknowledging the Second Amendment as a barrier.

Josh Prince has more to say about Kathy Kane’s recent action on Utah reciprocity. He’s looking to run a case, but needs funding.

Idiocy in the Media:

What the Bergen Record doesn’t want to accept is that New Jersey has forever ruined any chance at smart guns coming to market. New Jersey can repeal their law, but we’re not stupid enough to believe they won’t just pass another mandate when they feel the timing is right. Smart gun technology therefore is to be continually opposed.

Idiocy With Guns:

There’s a difference between a flak jacket and modern Kevlar body armor, and I still wouldn’t test either by having someone shoot me.

The rules, they are for the little people.

Those Silly Anti-Gunners:

More anti-gunners show their own hypocrisy with armed bodyguards.

Why are anti-gunners so plagiaristic? (Thanks to John Richardson for pointing that out after the article about Sari’s pearl clutching over 80% lowers)

She can keep quoting Gandhi, but personally, I’m still in the “laughing at you” stage.

As far as I’m concerned, without a police report, I don’t believe it happened. I know there is ugliness on our side of the issue, just like on their side of the issue. We should speak out against that. But if someone spits on you, you should call the cops over. They’re also ignoring the good number of women who show up who get nasty, because that would interfere with the War on Women narrative, wouldn’t it?

Off Topic:

The Last Communist City, by Michael J. Totten.

The Gospel according to snark.

Machine Gun Free-For-All?

If only it could be true! Attorney Josh Prince makes a strong case the ATF made a major error: “Did ATF’s Determination on NICS Checks Open the Door for Manufacture of New Machineguns for Trusts?” They decided to redefine “person” to exclude non-incoprporated trusts. But if a non-incorporated trust isn’t a “person,” then does 922(0), which says “it shall be unlawful for any person to transfer or possess a machinegun” not manufactured before May 19, 1986, apply to non-incorporated trusts? I’d imagine that it would be a cold day in hell before a court grants us a machine gun free-for-all, but it certainly calls into question ATF’s determination about trusts, doesn’t it?

San Diego in Peruta: OK With AG Intervention, Not Moot

Yesterday, San Diego County filed a response with the 9th Circuit Court of appeals to the Motions to Intervene by the California Attorney General, and whether the case was moot. They are fine with the intervention of the State AG, and argue the case is not moot, since they are still sitting on applications awaiting a final decision. You may recall a few weeks ago there was some argument over whether or not Peruta was moot, in which case Richards v. Prieto would be the case to go forward, so this should settle that issue in favor of Peruta not being moot. At this point, I’m not even sure what outcome to hope for anymore, because in one sense, I’d like to give the Supreme Court another bite at the apple, except I’m not sure they’ll take it, so part of me feels we’re better off with this not going en banc.

A Bit More on Smart Guns

Bob Owens has an excellent open letter to an ignorant reporter about Smart Guns over at Bearing Arms. I hate to specifically single Bob out for this, because I’ve heard it a lot, but I want to put my engineer hat on for a second and comment on this one bit:

I explained that the technology used in the [Armatix iP1] pistol is so fragile that anything stronger than chambering anything more a low-recoiling .22LR would shake the gun’s electronic brains apart in short order.

There’s actually no fundamental reason you can’t make electronics that can stand up to the shock of a firing pistol and make them reasonably cheaply. After all, a laser and its driver are electronic components, and they stand up just fine. If we can put GPS guidance into artillery shells, we can make reasonably priced electronic components that can stand up to the shock of small arms recoil. I suspect the reason the Armatix is a .22 is that it was designed by Europeans who don’t think of self-defense as the primary reason for gun ownership. It’s also much easier to design a .22LR chambered pistol than a more substantial caliber, where you move away from simple blowback operation. I suspect Armatix don’t have a lot of institutional experience with firearms design.

The problem with smart guns are more fundamental than the shock sensitivity of electronics, and have more to do with the limits of biometric identification and radio frequency identification (RFID). The former is unreliable and slow, and the latter is prone to interference and jamming. There’s also inherent mechanical problems with the smart gun that make the technology very easy for a determined individual to defeat. I had a conversation with some of our opponents on this topic, who argued that automobile anti-theft systems became much more sophisticated, but aside from misunderstanding the problem, I thought it was a reasonable point.

But while it’s true you can’t just hot wire a car these days, the reason you can’t is because automobiles today all have electronic ignitions. In order to make a smart gun that is not easily defeated, guns would also need evolve away from chemo-mechanical ignition to electronic ignition. Now, manufacturers have done electronic ignition firearms, but they haven’t exactly torn up the market. I don’t believe Remington even makes the Etronx line of 700s anymore, and the idea can charitably be called a market failure. It was, to borrow a phrase from Tam, an answer to a question that nobody asked. The Etronx 700s take a specialized and expensive primer, and I don’t know about you, but I’d like to know how susceptible those primers are to electrostatic discharge before I would trust them in a self-defense gun. I’ve also read that the Etronx ignition system was not a paragon of reliability.

But even with electronic ignition, you just move from a simple mechanical hack to a firmware hack to disable the smart features. The difference between a gun and a car is that a thief can’t easily take the car with him to fiddle with the security features. A car thief has to be able to act before someone notices, whereas a gun thief has all the time in the world. Hacking automotive firmware is a hobby among car enthusiasts these days, and there’s no reason it wouldn’t be so for guns.

Additionally, when it comes to electronic-ignition firearms, I’m sure our opponents would positively love semi-automatic firearms that could be converted to fully automatic with a firmware hack, which would beg the question as to whether semi-automatics with electronic ignition were “readily convertible” and thus Title II firearms out of the gate. It would certainly be a novel theory that could be used to prosecute some unlucky bastard. If you’re going to make a smart electronic ignition system, then certainly detecting an out-of-battery condition is an obvious safety feature. You can see how this then becomes very easy.

The antis really have no idea what kind of can of worms they are opening. They don’t much care because their interest in smart guns only goes as far as making guns more difficult and expensive to own, while simultaneously lowering the value proposition of gun ownership. If the technology actually worked, you’d quickly see interest disappear as it became apparent it was not only easy to circumvent, but could open a whole world of new possibilities for people intent on disregarding the law.

NBC Sports Not Doing Well After Canceling Firearms Programming

Many of you may remember that in the wake of Sandy Hook, NBC Sports (which I would note is owned by Comcast who have very close ties to the White House) cancelled 3-Gun Nation and any other firearms programming. Exurban Kevin takes a look at how that move has worked out for NBC Sports. Apparently they replaced the gun shows with soccer, and it’s not going well. Score one for gun moms over soccer moms!

The best thing we can do to help our cause is to just tune out. Stop watching the crap companies like Comcast spew. Meanwhile, Republicans would do well to understand that the Cable TV magnates are not friends, and should work to deregulate their market and open it up to competition.

WaPo Freaks Out About 80% Lowers

Resident pearl clutcher Sarai Horwitz penned an article in yesterday’s WaPo talking about the latest “loophole,” meaning thing that is perfectly legal that we don’t like:

Zawahri’s assault became one of the most notorious cases involving unfinished receivers, which are unregulated and have become readily available for purchase online and at some gun stores.

One of the most notorious? It’s the only one I’m aware of at all. But of course, they have to make this appear to be a bigger problem than it really is.

ATF officials say gun enthusiasts are effectively exploiting a loophole in the law designed to regulate firearms. Under the Gun Control Act of 1968, it is illegal for an unlicensed person to make a firearm for sale or distribution. Vendors, however, say that because the receivers are not finished, they are not firearms and therefore are legal to sell and distribute.

It’s not a loophole. The law has to define what a firearm is, so any firearm boiled down to its components will always have one serial numbered part that ATF considers “the firearm,” usually the receiver. ATF also makes determinations on what is and isn’t a receiver, so I find it interesting that ATF is classifying this as a loophole when it’s ATFs own determinations that make it so. What goes unmentioned is that you have to define what a receiver is. If you get ridiculous with it, hunks of metal and plastic suddenly become illegal.

But I suspect the target is home gun building. Before the gun control supporters and their helpful lapdogs in the media can make any progress toward making home building and home gunsmithing completely illegal without a license, they first have to demonize it, and make it appear to the uninitiated to be some kind of shadowy underworld rather than people engaging in a hobby.

Jersey City Trying to Manipulate Industry Into Screwing Us

From yesterday’s Wall Street Journal:

Gun-control advocates and firearms industry representatives said Jersey City is the first municipality in the nation to demand such information. Questions include how firms dispose of old weapons and comply with background-check laws, and whether they make semiautomatic rifles—often called assault weapons—for sale to civilians, according to bid documents viewed by The Wall Street Journal.

The requirement went into effect earlier this year for gun and ammunition contracts worth at least $500,000 for Jersey City’s 800-member police force. The purpose: to try to change the firearms industry through the power of the city purse.

This is part of the efforts of the Bloomberg gun control organizations to attempt to strong-arm gun manufacturers and distributors into participating into their gun control schemes. I’d note that any manufacturer or distributor who goes along with Jersey City’s, or any other city’s requirements, will suffer the Smith & Wesson treatment. Smith & Wesson suffered under a massive boycott in the late 90s, early aughts, when their former British owners colluded with the Clinton Administration and Andrew Cuomo (then HUD director):

The two companies that are bidding for Jersey City business—Atlantic Tactical of Pennsylvania and Lawmen Supply Co. of Pennsauken, N.J.—are respected regional companies that sell to law enforcement but aren’t national household names.

Links to the businesses added by me. They look like Law Enforcement supply shops, so we may not have a whole lot of sway over their actions if they mostly don’t sell to civilians. I also don’t want to hang a company out to dry that truthfully answers “Why yes, we sell semi-automatic firearms to civilians if the fulfill the federal requirements and pass a background check, and yes, we do resell surplus police firearms under the same conditions. Here’s our bid, you can take it or leave it.” What we have to watch for are companies who agree to stop selling to civilians, or agree to destroy surplus firearms rather than resell them to civilians.

Some activists in New Jersey may want to familiarize themselves with New Jersey’s FOIA equivalent, if they have one, and start looking into what they are asking, and what answers are being provided. We have to make sure that cities who do this are punished, by no one wanting to do business with them.

Good Gun Deed of the Day

Today’s good gun deed has me practically bouncing in anticipation for people to check their email inboxes and (hopefully) get back to me. When we returned from the NRA Annual Meeting, I went through the photos of the Revolutionary War display and looked up every name in the DAR patriot database.

RevolutionaryWarDARRifle

I found one match between a gun that definitely belonged to an ancestor of two living members. With the help of another woman in my chapter, I actually tracked down the member names and their chapters – both in Illinois – and emailed the chapter leaders today with a high resolution photo of the rifle and powder horn.

I can’t even imagine how excited I would be if someone emailed me to let me know that a gun used by my Revolutionary War ancestors was still around and in great shape. In both cases, the man who owned and used the rifle was the 5th great grandfather of these women. Even the person in my chapter who just helped me find out who to contact is really excited about sort of “reuniting” this gun (at least in photo form) with his descendants.

This really makes me want to find other collections of Revolutionary War arms and see which ones can be tracked back to other people with proven descendants. It feels good to share this history that’s not only part of their family history, but is also key to American history.

Are There Grounds to Sue the Attorney General?

After doing a bit of research with the Wayback Machine, and reading over the letter Kane’s office sent to her counterpart in Utah, it looks like Kane actually revoked statutory recognition, rather than altering a reciprocity agreement. There are two ways to grant reciprocity under Pennsylvania law, the first is by formal agreement with the reciprocal state, and the second is by any state that both recognizes our LTC, and that “[t]he Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.”

Tom Corbett, who is now Governor, determined that both Idaho and Utah’s laws were substantially similar, and granted both Utah and Idaho statutory recognition. Along comes Bloomberg’s bought-and-paid-for Attorney General, Kathleen Kane, and without any change in either states law, she decided that because they issued to non-residents, they were not similar. It should be noted that Pennsylvania issues to non-residents as well, so this should not be a reason to deny statutory recognition under 18 Pa.C.S. 6106(b)(15). I would argue that the statute in question does not offer the Attorney General the power to deny or rescind recognition merely because she disagrees with policy, but requires her to articulate where the incompatibility lies.

The question then is, would this be actionable in court? I’d argue that she simply does not have any power, absent a change in the reciprocal state’s law, to rescind statutory reciprocity with another state merely over a political beef with the existing recognition? If this is not actionable in Court, then 18 Pa.C.S. 6106(b)(15) is essentially meaningless. In that case, we should remove the Attorney General’s discretion, and offer blanket recognition to any state that recognizes us, or even better, just recognize permits from any other state by statute.