Another Philadelphia-Area Anti-Gun Legal Seminar

This one was a few weeks ago at my alma mater, featuring John Culhane, Professor of Law and Director of the Health and Law Institute at Widener University School of Law. I had worried about Drexel starting a law school and buying a medical school. Such things inevitably brings politics on campus. When I went back in the early-to-mid 90s, it was mostly an engineering school. Most of us didn’t have the time to join the PC brigade, or engage in other perpetual outrages. That was for Penn students.

I thought I had remembered Professor Culhane from somewhere, and I managed to dig up exactly where I heard of him. He’s been peddling the idea that we can just tax those evil gun manufactures and make them pay:

But there is a simple and direct way to make them accountable for the harm their products cause. For every gun sold, those who manufacture or import it should pay a tax. The money should then be used to create a compensation fund for innocent victims of gun violence.

I’d say he gets an A for creativity, but this isn’t a new idea. It’s also likely unconstitutional. The courts have generally looked down upon taxing schemes designed to create a burden on the exercise of a right. (See Volokh, Implementing the Right to Keep and Bear Arms, pg.1542-1544).  It was unfortunate I was not able to attend, because it would have been fun to throw some abortion rights cases at him, which used substantial burden analysis, and argue that his proposal is akin to what right-to-life groups have tried to impose on abortion, in terms of raising its costs.

Otis McDonald Passes

He was a civil rights pioneer by being willing to be a face for the individual right to bear arms in a major Supreme Court case, so it is with a sad heart that I see Otis McDonald passed away at the age of 79.

Sebastian & I were fortunate to meet him and enjoy dinner with him, his wife, and many others involved in the landmark case the night before it was heard in the Supreme Court. I know that many who were close to him could use our thoughts and prayers.

CT Gun Control Groups Jump into Elections

It looks like Connecticut gun control groups are worried that enough gun owners may have been pissed off by their legislative package that they fear blowback at the polls. To try and keep that from happening, they are launching a new political action committee with the blessing of the Governor to back anti-gun lawmakers. They claim they spend most of their money on billboards and social media advertising.

To counter this, I would strongly suggest that CT gun owners, and any others who want to help them in their fight, open their wallets to the good opponents to make sure those candidates have the resources to buy up their own targeted messaging. Locally, gun owners also need to get involved in the campaigns in a big way. If you’re not the most social of folks, volunteer to put some signs together and deliver them to areas where they need them. If you’ve got a property along a very busy street, offer to put up the really big signs for candidates. If you’re the outgoing type, make some phone calls or do literature drops. These things will go farther than a social media ad.

Are Protests Getting out of Hand?

That’s the question Jeff Soyer asks, in regards to NYSRPA bailing out of the repeated protests at the State Capitol. I’ve been thinking about how to approach this topic, because I don’t really have any fundamental beef where NYSRPA thinks their focus ought to be, and I tend to agree with the notion that protests are among the less effective methods of activism out there unless it’s used very judiciously. It certainly has its place, but endless protesting and rallying just squanders grassroots energy and conditions both lawmakers and the public to ignore it. At some point, we have to be heard at the polls.

Let me quote from Tom’s comments:

There have been many studies and surveys done regarding the population demographics of the people of this country and state our research tells us New York State is divided in this manner (Numbers rounded): Rabidly Anti-Gun 22% Somewhere in between 46% Avidly Pro Gun 32%

Fellow gun owners I submit this to you for your consideration. We will never convert the 22% rabid anti-gunners, we don’t have to convert the 32% avid pro gunners but we must convert a sizable portion of the 46% of those somewhere in between if we want to retain our 2nd Amendment Rights long term. These are the soccer moms, the guys who say I’ve never shot a gun but would like to try it and the people worried about their safety. How do we do that? Not by standing on stage screaming obscenities at Cuomo and certainly at large rallies where people stand on stage, pound their chest and tell the attendees to prepare for war. That frightens the very people we want to attract to our side, the people who will insure 2nd Amendment Rights for our grandchildren.

I’ve said before that what we need to buy acquiescence from that 46% more than anything, but that’s conditioned on there being a generally favorable environment for our issue. There can present circumstances where acquiescence is not enough. Where the political elites and politicians are actively hostile, you can buy all the acquiescence in the world and it won’t amount to a hill of beans. If the great middle are not willing vote gun rights, it doesn’t matter if you convince them that the SAFE act was unconstitutional, unfair, and useless. If they then go ahead and vote for Cuomo again, you haven’t gained anything. You have to not only win that 46% over, but win them over enough to convince them to vote against the people who did this to you.

Or, you can depend on the Courts to save you. While I wish the Federal Court case against the SAFE Act all the luck in the world, the Second Circuit Court of Appeals has demonstrated nothing but unusual hostility towards the right to keep and bear arms. Beyond the Second Circuit, I’m not convinced the Supreme Court is in a position to help us out any further on gun rights. I’ve love to be wrong, but I’m not optimistic.

I believe bringing the rogue states back to America will necessarily involve federal preemption, but I can’t promise that will work. Even if it does work, it involves a years long wait for the Obama Administration to end, and then some time to push a hopefully Republican President and Congress to act. You could easily be looking at “Second Amendment Restoration Act of 2018” or maybe even 2022, to be more realistic. And that’s making a lot of optimistic assumptions.

In the mean time, I can understand why Tom might believe his organization is better off playing good cop to other groups’ bad cop, and he’s probably right about that, given areas they have chosen to lobby and litigate. But until the calvary actually appears from over the hill, New York gun owners are surrounded. Their backs are against the wall, and many of them have been rendered felons for refusing to take part in Cuomo’s utopian daydreams. While in ordinary times, I’d quickly agree that overheated rhetoric helps nothing, but what of difficult times? During difficult times I think it’s necessary, as Thomas Jefferson said, to remind officials that the people still possess “the spirit of resistance to government.” We are a people who threw off our previous form of government because its previous officials conspired to disarm us. Today’s officials would do well to remember that, so I’m not going to suggest anyone is in the wrong for reminding them.

Thursday News Links

With the latest mass shooting at Fort Hood, there’s obviously going to be a lot of reaction. As I mentioned yesterday, our opponents have a poor track record of exploiting this kind of situation, but surely they will try:

MAIG/MDA’s statement on the Fort Hood shooting. I notice that it appears that John Feinblatt is now the Chairman of MAIG, which I’m guessing means that Bloomberg is now employing him instead of New York City taxpayers. Should have always been that way.

Piers Morgan: still a jackass.

Bearing Arms has the facts of the shooting as they stand now.

Shocker: mental illness seems to have played a role in this latest mass shooting.

Shocker, Part II: The CEO of GDSI, the smart gun company, isn’t a gun guy. No, I suspect his passion is using government to force his product down people’s throats whether they want it or not.

Comparing murder rates across countries. If you don’t cherry pick your data, there’s no correlation between gun ownership and homicide rates.

Linking Senator Yee’s voting record to campaign donations. More about Yee from Business Insider. From Reason: Why isn’t Leland Yee a household name? Because he’s a Democrat, and the media hates Republicans.

Hot guns fueling gun violence. But I thought that criminals got their guns from gun shows and the internet?

The Drake case, challenging New Jersey’s no-issue concealed carry policy, has been getting some attention from the press.

New Mexico’s requirement that concealed carry permit applicants be US citizens has been struck down. I’m not even sure you need to reach the Second Amendment on that, since I think it’s well-established that kind of discrimination violates equal protection.

NSSF and SAAMI are suing California over microstamping.

Dave Hardy: “Excuse me while I upchuck.” The Arizona Republic thinks we should celebrate the architect of Fast and Furious. Dave also has an update on the Jones testimony about F&F before Congress.

Claire McCaskill would do well to remember she won her last election by extraordinary luck in drawing a hapless opponent. She’s still a leftist serving in a red state that’s just getting redder. Blasting the NRA and singing Vivek Murthy’s praises won’t endear her. This article is bad advice.

Moms Demand Action speak out against preemption in Florida. Know what their end game is. Preemption is a bedrock principle. Gun ownership basically becomes impossible without great legal jeopardy if local communities can infringe on your rights at will.

College student suspended for questioning the gun control orthodoxy.

How traffic stops should unfold.

Bob Costas: still anti gun. Most of us are far more law-abiding, generally, than your average professional athlete. This isn’t about athletes.

Before the Sturmgewehr. A walk through the pre-history of the assault rifle.

Off Topic:

Charles Koch, the devil himself, defends himself in The Wall Street Journal.

EPA experimenting on children and unsuspecting. If they were a company, and FDA found out about this, the company would be raided and charged with unapproved human trials, which is a crime.

Blaming the Object Rather Than the Individual

It’s spelled D-e-o-d-a-n-d, and before the Normans invaded and gave us all those fancy French and Latin words, the Angles and Saxons called them banes. We’re not really any more enlightened as a society than the people who invented the concept in the first millennium, no matter how much we might want to kid ourselves or pat ourselves on the back for our modern sophistication.

NYS Trooper PBA: We Didn’t Pass SAFE

No, they didn’t pass SAFE. That we all agree on. I don’t blame New York State troopers for the law. But police front line when it comes to prosecutorial discretion. They don’t have to look, they don’t have to find, and even if they do find, they don’t have to arrest. If a trooper pulls someone over for a traffic stop, and that person comes back clean when your run their driver’s license, there’s no reason why “have a nice day, and drive carefully,” can’t be the end of that conversation. If they choose to enforce this law on otherwise good and law-abiding people they are as bad as the politicians who passed it.

Machine Guns & Public Television

I noticed this story about a Friends of NRA event in the midwest that gave donors the opportunity to shoot one of the Gatling guns that Teddy Roosevelt and his Rough Riders used at San Juan Hill plus some machine guns, and I had to say that I’m impressed a public television program actually aired the event in Milwaukee.

This is one of those opportunities that makes our anti-gun opponents cringe – men, women, and children have huge smiles on their faces as they fire round after round into the berm.

I Love Being Protested

Miguel reports on Moms Demand Action’s plans to protest the NRA Annual Meeting. Whether they will protest directly, or just do their own event nearby to try to draw media attention away from the convention remains to be seen. Last year in Houston, which wasn’t too long after Moms Demand got started, they managed a protest, but it wasn’t all that impressive. With more wind coming out of their sails every day, I can’t imagine they’ll do better at Indianapolis, but as Miguel mentions, this is her backyard. Also, with Bloomberg’s money, they can afford to pay for buses.

David Keene on Smart Guns

David Keene recently appeared on Fox Business to discuss the topic of smart guns, and NRA’s opposition to Vivek Murthy’s nomination to the post of Surgeon General. Keene is a great spokesman for NRA and the issue, so I’m happy to see he’s still on the news circuit speaking on behalf of the organization. Obviously this was a friendly interview, but I’ve also seen Keene handle himself well in hostile interviews.