Harvard Law Review: New Issues in Gun Rights

Appearing here, with articles by Dave Kopel, Alan Gura, Joseph Blocher, and Darrell A.H. Miller. “Comment on Peruta and Other Recent Cases.”

I’ll have a news link post a little later, but I wanted to put this one out there because it’s a lot of good stuff. I haven’t read it yet, and probably won’t have time for a bit.

Guns & Social Media Debates

VSSA does a great job of taking apart a story that anti-gun groups are trying to push to promote the narrative that they are somehow going to win the battle over the Second Amendment on social media because they are supposedly being so innovative by going to SXSW and hosting sparsely attended panels on social media.

As VSSA points out, NRA hosts its own panel with volunteers doing different types of work, including how to effectively use social media, every year to a crowd many, many, many times the size of what is featured in the story.

Of course, for those who don’t travel all the way to Austin or Indy to attend such lectures from either group, we always have the numbers:

If you are looking for grassroots support, looking strictly at the numbers, Moms Demand Action has 153,000 followers on Facebook. Mayors Against Illegal Guns has 21,000. The NRA destroys both of them with 3.2 million followers on Facebook. Twitter numbers are lower for NRA but they are still about 10 times higher that the numbers for both Moms Demand Action and Demand Action (the only reference I could find on Twitter to MAIG).

Now, the anti-gun groups have stepped up their game on social media, and there’s no doubt about that. But, that doesn’t mean they are likely to be effectively using it to “beat” us politically any time soon.

Franklin Graham’s “Background Check” Support Becomes an Issue for the NRA

I’ve noticed anti-gun folks jumping on the fact that Franklin Graham is leading the NRA Annual Meeting Prayer Breakfast, and they hope that he’ll publicly challenge NRA at their own event to accept the President’s background check agenda since Graham endorsed the White House’s private transfer ban proposals last year.

First, as much experience as I have with NRA Annual Meetings, I couldn’t tell you which office puts on the prayer breakfast because I have no idea which office is responsible for booking those speakers. I’m 99.99999% sure it’s not ILA, the office that actually keeps up with politics and pays attentions to such important policy details. This is an event that has never been a big deal before, really just an opportunity for people who don’t want to miss church or miss out on the giant three day gun show.

The anti-gunners highlight this interview with Time that Franklin Graham did in early March of last year. The key section:

Graham…told TIME [he and Richard Land of the Southern Baptist Convention] have agreed to back universal background check legislation put forward by the administration in the wake of last year’s shooting at Sandy Hook Elementary School in Newtown, Conn.

By specifically citing the administration-backed proposal at the time of the interview, it’s kind of important to look at the details of the legislation anti-gunners want Graham to bring up at the Prayer Breakfast. The language in the Senate that the White House was backing at the time of Graham’s interview came from Chuck Schumer. That language would have made teaching someone to shoot on your own land a felony, as well as loaning your hunting rifle to a friend for a hunting trip. The record keeping requirements would have created a registration system, and spouses would have faced possible felony prosecution if their spouse who bought the gun left home for more than 7 days without officially designating the “transfer” of said firearms as a gift. As Sebastian said in his summary after reading the language:

This bill has nothing to do with ensuring people who are getting guns are law-abiding, and everything to do with getting backdoor registration, and creating a patchwork of rules and laws that will land anyone who uses guns, and isn’t a lawyer, in federal prison for a long time.

The bill that Graham was backing at the time he talked to Time was not Toomey-Manchin, the somewhat less extreme bill that was later voted down in the Senate.

Now, his views on that terrible bill from Schumer aren’t directly related to his ability to preach a sermon. But, given the venue and host group, I don’t think most attendees who paid for tickets really expect a preacher who publicly backed the White House’s bill that would leave many of them open to felony prosecutions for simply passing on their traditions or going on a long business trip.

At this late date, I wouldn’t really put money on a bet that we’ll see any changes to the speakers, but it will be interesting to see if Graham decides to act on the encouragement of the gun control groups. He certainly didn’t come out and condemn the White House-backed Senate bill once the language and summaries became widely available, so presumably he maintains his support of the policies. That certainly could be a very big problem if he does decide to go along with the gun control groups and use NRA’s event as a venue to promote the bill again.

NRA needs to be prepared to handle this issue since they are the ones who issued the invitation with this policy problem hanging out there. Certainly, whoever issued this invitation really screwed up by providing someone who so publicly endorsed these terrible policies a keynote spot without actually looking into their background on the policies that have dominated headlines for the last year and threatened our rights. This wasn’t some questionable comment about some vague policy from 20 years ago, this was a highly discussed interview with a well known media outlet just a year ago about specific bills that forced NRA to spend quite a bit of manpower and money to preserve our Second Amendment rights. It’s a public policy view that should not have been overlooked, and NRA needs to be ready to answer to their members if Graham does stand by his position from last March at their event.

CSGV and Knife Violence

Robb Allen notes an exchange between some pro-gun folks on Twitter, and the Coalition to Stop Gun  Rights Violence, about the recent mass stabbing at a school in Pittsburgh. I think we ought to not kid ourselves about the lethality differential between bladed weapons and firearms. If knives were just as lethal as firearms, most of us would probably be fine with being limited to carrying knives. That’s not to say 20 wounded, some of them quite seriously, isn’t a big deal. Some of these folks will have lasting injuries that will never fully heal and will always live with, just as if the wound had been from a firearm. But the fact is, all things being equal, a person is much more likely to survive a knife attack, if they get medical help quickly, than a gunshot wound.

Of course that assumes all things are equal, which they are not. The tactics of the mass killer or killers matter far more to the outcome of the event than the weapon used, and body counts with edged weapons in countries which have a stronger tradition of using them tend to be higher than in cultures that don’t have much recent experience, like the US and Europe. In the examples above, the body counts look gruesome even compared to many mass shootings in the United States that involve firearms.

I believe our opponents are correct when they note that knives are generally less lethal than firearms. I see no point in arguing that. But what they overlook is that the real weapon isn’t the weapon itself but the person wielding it. They tend to believe these types of mass killings are perpetrated by people who snap, become insane, and then impulsively engage in mass slaughter. The only thing that’s correct in that viewpoint is that mass killers tend to be mentally disturbed. But aside from that, they also tend to plan out their attacks in detail, and that’s definitely been true of the perpetrators of the worst mass shootings. If we could magically suck up all the guns from society, I think it would make it more difficult for mass killers to kill large numbers of people for a time, until they adjusted their tactics to deal with the available remaining weaponry. Adam Lanza meticulously studied past mass shootings when formulating his plan. Also consider that a knife is hardly the pinnacle of non-firearm weapons; the worst school mass killing didn’t even involve firearms. Hell, a knife isn’t even the pinnacle of edged weapons*. At the end of the day a humans are just remarkably inventive when it comes to hurting one another. It’s a cliche that guns don’t kill people, that people do, but that doesn’t mean it isn’t true.

* Hat tip to Tam for that link.

Bradys Actually Getting Involved in Violence Prevention?

For years now, we’ve all known that the whole “Gun Violence Prevention” cloak worn by our opponents was mostly a sham to put some nice new wrapping on stale antigun policies that had become unpopular. I ran across this particular article about the Brady Center teaming with Rubenstein associates, to reach out to young people with a “Speak Up” campaign. I went through the whole site looking for the antigun propaganda masquerading as violence prevention but couldn’t find it. Joe noticed the same article and couldn’t find it either.

Not that I trust these folks for a minute. I suspect they are starting off with the soft sell in regards to the gun violence prevention movement, or, like Joe mentioned, possibly have fundraising concerns in mind with this partnership. But the fact that they are being forced to try new things is a good thing for us, because that means the old things aren’t working. The Brady organizations are now stuck playing second fiddle to MAIG and MDA. Maybe they figure they need to go beyond just hating on guns and gun owners to survive.

Thursday News Links

This will be a shorter one, since this has been a relatively slow week. I spent all of yesterday patching systems to deal with the Heart Bleed vulnerability in OpenSSL, including the system this blog runs on. People are saying it’s likely an accident, but I wouldn’t be surprised at all if it’s a deliberate fault injected into the source code by the NSA. Either way, the news:

What…. is the muzzle energy of an experimental Navy railgun that hurls a 20lb projectile at Mach 7? Sean got the right answer. About 21,201,337 ft/lbs. Wow. At that speed you don’t even need explosives. The impact energy is more than sufficient.

The truth accidentally slips out.

Civil rights victory in Tennessee. Knife rights!

Why are anti-gun activists so violent?

Bob Owens reviews the R51. I still want one, but I might wait until they work the bugs out.

PDB: Guns I Hate. I have a Mk.III that was also designed by lawyers. Note how successful the LCP has been? That was designed by George Kellgren rather than by lawyers.

Obama requests 1.1 billion of your tax dollars to promote gun control.

The Democratic candidate for governor in Idaho calls NRA’s questionnaire ‘biased and loaded’ and is refusing to answer it. OK, A.J., feel free, but we take question marks to be Fs, and good luck trying to win an election in Idaho with your attitude.

Charles W. Cooke: Smart Guns are a Dumb Idea.

MDA is fighting against legalizing open carry of pistols in Texas. In the vast majority of states, the only thing MDA has accomplished is to make them more pro-gun.

Eric Holder wants you to wear his special bracelet if you want to be able to use your firearm. No word on whether he’ll be smuggling smart guns and bracelets to Mexican drug cartels too.

Teacher suspended for starting a rail gun project with his students. I’ll believe we have a STEM shortage when the powers that be start acting like it.

Turns out MAIG isn’t all that helpful to associate with if you have higher ambitions for public office, even in Connecticut.

Your papers. Zeh are not in order. Cradle and grave of liberty, indeed.

“Maybe it was the phony penises.”

That was not the first sentence I expected to read when I opened up an article about a gun club lawsuit in federal court. Regardless, it was the opening sentence, and it was an accurate description of one of the issues raised in a lawsuit filed by members of the Philadelphia Gun Club against animal rights activists who are accused of “stalking, harassment, trespass, intimidation, defamation, libel and privacy invasion.”

The club’s attorney says that the activists have researched personal lives of club members to leave fake reviews on Yelp and other sites when those people own small businesses. They also reportedly spy on these people even after they leave the club grounds. The guys who shoot at the club are not public figures, so there’s a pretty good case there. Not to mention, leaving a fake review online is an issue that’s gaining traction in courts around the country.

Creatively Expanding the Gun Culture

I was just telling Sebastian this morning that I have an idea to get people who otherwise might never even consider taking a shooting class or getting to the range out to try guns in a non-threatening manner that even has a bit of history involved. Because I think this idea is kind of awesome, I’m going to share it in hopes that readers here who have the right guns and the range access either try it or give feedback on it.

I had this idea of offering up a programming day at the range for DAR, SAR, & CAR chapters. Now, these groups are strictly non-political, but they are big into history. (In fact, this could be expanded to any sort of history-related group in your area.) So I thought a day at the range that gives these known descendants a chance to see & shoot the guns (or replicas) their ancestors used in the Revolution would be awesome. It’s history, it’s unique, and it’s relevant to the missions of the groups.

Then, if a hosting club wanted to step it up a notch and make it a more traditional range day, find people who have guns from other American wars and do the same – a bit of a demo and a chance to shoot them.

Thoughts? Would anyone ever consider making this offer to local history-related groups or does it seem like too much work? I was just trying to think creatively about ways to get people out to see that shooting can be a great time and that gun owners are generally pretty awesome and nice people.

Interestingly, Sebastian doesn’t think this a completely crazy idea…

Sorry Bloomy, No Lemon Law for Attorneys General

You have to think that Mike Bloomberg, by about now, is starting to regret his purchasing decision when it comes to Kathleen Kane, given that she’s been caught lying again about her decision to end corruption investigations against Democratic politicians. Instapundit has more on the case. I’d say her political career deserves to be over. She ought to even have an uphill battle ahead of her for re-election. I might even start to get optimistic about the prospects of her being accountable by voters given that even the Inquirer has seemingly turned against her. Hopefully we can be rid of Bloomberg’s Attorney General even if we end up suffering the loss of Tom Corbett in 2014.