A War Against Self-Defense by the Left?

I’m not sure that this is really any kind of lefty conspiracy, so much as a lesson that grieving loved ones really should not form the basis of a public policy discussion. The topic of the article is the recent spate of stories involving self-defense shootings, where the families demand the person defending themselves be prosecuted for doing so.

This is a predictable outcome of the Zimmerman case. Grieving families will seldom want to accept that their loved one might have been engaging in predatory criminal activity which has a high likelihood of placing one on the receiving end of a justifiable homicide. The Zimmerman case playbook offers an easy means to avoid having to deal with the truth of the situation. What’s concerning is that the media chooses to cover it in a sympathetic light, which will only lead to more of it.

Tuesday News Dump

Sorry for the lack of posting today, but things are going to be exceptionally busy for me into next year, so there will be days when things just don’t get off the ground blog wise. We’ve been finding it challenging to find a contractor to build our rather odd data center who doesn’t want to charge an arm and a leg. Because I’m cheap, I’m doing the plans instead of hiring out for it. The Township wants electrical plans. I don’t know much about making electrical plans, and after reading quite a bit about it, I still don’t know much about it, but I’m giving it a go anyway. Anyway, here is the news:

Looking for gun safe software for Android? Check out Seven Bit Software’s Gun Safe.

The Coalition to Stop Gun Violence Prevent Gun Ownership is now leaning on Visa to stop doing business with NRA. Visa offers and NRA credit card. Visa might get a whole dozen people really pissed off at them if they just ignore them!

A disarmed populace has nothing at all to fear from its government. No, nothing at all.

What a great time for some rifle OC, don’t you agree? I’m sure many people were educated.

The law on machine guns works the same in Pennsylvania as it does in Tennessee. Machine guns are illegal in Pennsylvania, except that it’s a defense to have complied with the provisions of the National Firearms Act. Affirmative defenses don’t necessarily keep you out of jail.

Rampage killings and the media.

This story talks about how Mom’s Demand Action is being dishonest, but more like MDA played the rifle OC people for suckers. When anti-gun folks ask you to pose all scary with your rifles, don’t be a fool. It greatly worries me when I see “our side” being outsmarted by a group I generally think plays the game pretty poorly most of the time.

Prince Law Offices has more information about the 3D printed gun.

The 11 nations of America. I think that’s oversimplified, but interesting, nonetheless.

Did Dick Metcalfe deserve to be fired? I still maintain it’s not what he said, but that how he said it demonstrated a lot of ignorance, and it just so happened to be it’s the same ignorance perpetrated by our opponents in the gun control movement. Yes, the Second Amendment will have limits, like any other right. But Dick played into the notion that it is somehow quaint or different from other rights. That’s exactly what the Brady Center argues.

Philly Looking to Ban 3D Printing of Guns

Perhaps they heard the news that a 3D printed gun was made out of metal, using Selective Laser Sintering. This is an expensive process, outside the where the technology is as far as the hobbyist is concerned, but technology always gets cheaper. Though, Perhaps Philadelphia City Councilmen just sit around thinking of ways to screw the Second Amendment, when they aren’t busy allowing the city to continue to circle the bowl. Regardless of the motivation, Philadelphia City Council is looking to outlaw the 3D printing of guns.

“The prohibition that city ordinances can’t overcome as it relates to state legislation is primarily ownership, transfer of a firearm. This goes to manufacturing,” he said. “We’ve spoken with the Law Department. We believe that if there is a challenge in the court system, it will be something we’ll be able to defeat.”

This is true, but there’s another element of the UFA they are ignoring:

No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

It could be argued that this only means that subdivisions can’t sue manufacturers, but I would argue this is further evidence the state intended to reserve this body of law for the state legislature. Another question is whether a prosecution would be considered an “action at law.”

Regardless, I would not expect this ordinance to necessarily to go down. As we’ve seen, Pennsylvania courts will do what they can to screw gun owners. We’ve seen it with the law against firearms registries that the courts have ruled does not actually prevent the state from running a registry, as long as they call it a record of sale. We’ve seen the courts ignore plain meaning when it comes to reciprocal licenses. So I don’t exactly have great faith the courts will do the right thing here.

New Anti-Gun Veterans Group

Started by Mark Kelly:

“We’re for gun rights,” said James Barnett, a retired rear admiral.

Instead, Veterans for Responsible Solutions wants commonsense actions like universal background checks, Kelly said.

These are background checks an overwhelming majority of Americans have said they support, polls show.

And what happens when we pass these background checks, and the needle on crime rates doesn’t move any? We have “universal background checks” in Pennsylvania for handguns, and that doesn’t exactly stop them from pushing gun control here. Their next big push is going to be to extend that to long guns, despite the fact they are positively rare in crimes. Beyond that, they want to ration how often you can exercise you right, and make it possible for local towns and cities to infringe on it at will.

Exercise Your 2A Rights, Lose Your 4A Rights

So demands a town in Massachusetts. In recent years, it seems like in places where the left runs things, it’s being treated less and less like a right than it was before the Heller and McDonald rulings.

The selectman said state law requires Massachusetts gun owners to keep their firearms locked away or rendered inoperable.

The problem, he said, is that police do not have the authority, granted by a local ordinance, to enforce the law and inspect the safeguarding of guns at the homes of the 600 registered gun owners in town.

To channel Glenn Reynolds: tar and feathers. This is police state level stuff. If I lived in this town, I’d already be planning the lawsuit.

UPDATE: More from Days of our Trailers on this topic.

My Response to Dick Metcalfe’s Questions

Bitter has had her say about Dick Metcalfe’s response, and now I’m going to address the questioned he asked for those who disagreed with many aspects of his article.

Difficult as it may be for some to believe, To those who have expressed their vigorous opposition to the content of the December column (and to my continued existence on this planet), I would pose these questions:

1. If you believe the 2nd Amendment should be subject to no regulation at all, do you therefore believe all laws prohibiting convicted violent repeat criminals from having guns are unconstitutional? Should all such laws be repealed?

Do I believe the courts will hold them as constitutional? Or do I personally think they are unconstitutional? There are a lot of things I think the courts should do that they won’t, because our courts are often more concerned with not upsetting legislative and precedential apple carts than they are about fealty to the Constitution. My personal belief is that the law as currently structured is unconstitutional, but because it violates 5th or 14th Amendment due process rights rather than violating the Second Amendment directly. Congress and States could pass a prohibition on firearms as part of sentencing for certain crimes. I even think some misdemeanors could come with temporary prohibitions as part of a sentence for a crime. But criminal defendants should know what’s on the line when they accept a plea or go to trial. Retroactively going back and suggesting that anyone convicted of X has now been stripped of their right to bear arms ought to be a violation of their due process rights.

2. Do you also believe all laws establishing concealed-carry licenses are unconstitutional?

I believe that fundamental rights should not be subject to licensing by the government. If the courts had real courage they’d toss every single state licensing requirement for ownership or carrying of firearms out the window. But they won’t, because we already lost that battle when the Court discovered marrying was a fundamental right, but nonetheless subject to licensing by the state. I actually think licensing carry is more odious to the Constitution than licensing ownership, because people don’t generally change residences all that often, but I might want to carry in 5 different states in a day under normal and regular circumstances. Nonetheless, I fully expect the courts will endorse licensing of gun ownership and carry. If we’re exceedingly lucky, the courts will rule that state officials can’t exercise much discretion over who gets one. It’ll take less, but still a large amount of luck to get the courts to rule that states can’t require applicants to articulate a justifiable need. Most likely, I think, is the courts will bend over backwards to maintain the status quo in regards to carry laws.

3. Do you have a concealed-carry license anyway?

Yes, because I want to be able to carry, and even if I didn’t, I’d have one anyway because my state makes even unloaded carry of a handgun in a vehicle legally problematic if you don’t. Yes, I’d rather not go to jail.

4. Are you thereby violating the Constitution yourself?

Who even argues this? I think DUI checkpoints ought to be unconstitutional too, but does that doesn’t mean I’m violating the Constitution every time I decide to pull over one rather than run down the cops, or getting in a high speed chase with them? The Constitution is meant to restrain government, not private behavior. If they want to put up hoops between me and my rights, it’s up to me to decide whether or not I want to jump through them. Like Bitter mentioned, I think this hits to the root of what people are upset about. It’s not that he tried to open a discussion, it’s more than he doesn’t even understand the framework through which rights theoretically function. Readers and advertisers of Guns & Ammo have simply decided that this is unacceptable in today’s climate.

Dick Metcalf Response to His Firing from Guns & Ammo

Via John Richardson, I saw that Dick Metcalf published a response to all the turmoil he created with his recent gun control column in Guns & Ammo. I applaud Jim Shepherd for giving him the space to do it since I think we can learn quite a bit from his response. I’ll start with the easy and obvious parts that had me rolling my eyes.

Do not 2nd Amendment adherents also believe in Freedom of Speech?

Ah, yes, rather than address the specific issue, he resorts to implying that those who disagree don’t believe in freedom. This is a message to Dick: The Bill of Rights is a limit on government powers to silence you (in the case of the First Amendment), not a promise for any job you want with any private company you desire to work with and a free pass to say anything you want or behave any way you want without consequence from other private citizens. By trying to play this card, Metcalf is going into what I like to call Full Dixie Chicks Mode. The Chicks were outraged that their political rantings weren’t fully accepted by their audience and were stunned that the same audience simply decided not to buy future products. It’s the same situation here. The Bill of Rights does not provide a guarantee that someone has to keep giving you money when you say something that they fundamentally disagree with.

Do Americans now fear open and honest discussion of different opinions about important Constitutional issues? … In today’s political climate within the community of firearms owners, even to open a discussion about whether 2nd Amendment rights can be regulated at all, is to be immediately and aggressively branded as anti-gun and anti-American by outspoken hard-corps pro-gunners who believe the answer is an absolute “NO!”

This is denial, folks. The fact is that serious conversations on various gun control schemes and whether or not they pass constitutional muster happen all of the time in our issue. This site has played host to many of them, and they don’t devolve into the simple scream of “NO!” that Metcalf claims happens when someone even opens the discussion. Look at the kind of legal and academic discussions that happen at the Volokh Conspiracy on this issue. The fact is that we, the audience that Guns & Ammo needs to sell to, have already been having these discussions for years. Don’t blame the audience for how they read your column, Dick. Evidence abounds that the audience is more than capable of having the discussions you claim they can’t handle.

I am also fully aware that the different rights enumerated in the 1st, 2nd, 3rd, and following amendments are different, and are regulated differently. But they are all regulated in some form or fashion, hopefully appropriate to their particular provisions.

Okay, this one made me laugh out loud. Ask Sebastian, I couldn’t hold back the chuckle. Dick, can you please enlighten me on the extensive regulatory system at either the state or federal level on what concessions we citizens have to make on quartering of troops? I’d like to know more about these regulations that apply to how we compromise on the Third Amendment.

This actually highlights a larger issue that Sebastian has noticed as well. It’s pretty clear that Metcalf thought he could just spout off amendment numbers without really thinking about what he was saying. He probably never expected that a reader would question why he said what he did about the Third Amendment because he probably assumes that his readers know little to nothing about the Third Amendment. That’s where he, and much of the industry, continues to misjudge the audience.

I’m not going to argue that every pro-gun person is a published academic or a scholar on obscure constitutional law. However, the pro-Second Amendment audience is far more serious about the issue today than they were 10 or 20 years ago. Like any political movement, there are certainly people who only understand it at the bumper sticker level, but the vast majority have a better understanding of the legal complications than they did two decades ago. The shifting landscape and the realization that no matter what the anti-gun groups try to claim, they really are trying to come after pretty much every gun ever made, have forced that education on most gun owners.

Even looking at the questions that Metcalf poses to “challenge” his opponents in the end of his response, it seems clear to me that he didn’t stop to choose his words carefully. He opens up the door to debate on whether or not licensing carry is a violation of the Second Amendment, but then ends by asking if the possession of a license by a citizen is therefore a violation itself. That doesn’t even make sense, and it’s certainly not an argument that I have ever seen made anywhere hosting a serious debate. I’ve seen it argued that participating in the licensing system is empowering a perception that discretionary licensing of rights is acceptable, but never to say that the mere possession of a license is the actual constitutional violation. The fact that Metcalf apparently sees no distinction between those two arguments is just baffling and certainly leaves me with the impression that he is the one who isn’t serious about having a discussion on the gun issue.

When I read Metcalf’s response, what I see is a man who is feeling extremely defensive, and not at all ready to acknowledge that the industry and world around him are changing. I’m not sure that any sentence sums up his disconnect from the community any better than this:

Do voices from cyberspace now control how and why business decisions are made?

It’s as if he doesn’t even comprehend that those “voices” are the very customers and readers of Guns & Ammo and purchasers of the firearms products advertised in the pages. Not everyone may be a subscriber, but they are all part of the target market.

The industry is shifting. The markets are adapting. The audience, as a whole, is more sophisticated. I think the evidence suggests that it’s Metcalf who isn’t ready to have a serious discussion on these topics, not his audience.

Bloomberg Claims Victory, The Press Says Otherwise

As Terry McAuliffe was starting to poll into the double digits in the Virginia gubernatorial race, gun control groups decided that it was a great time to throw their resources into the election so they could claim it was all about gun control.

However, the serious political observers disagree. The Washington Post actually declared Bloomberg the political loser of the day since his big last minute gun control ad investments could have been a factor in an assured Democratic victory whittling down to a 2% victory. US News is also on this story of how the shift to gun control as a campaign focus appears to have put the election at risk.

So while the gun control groups claim that this is some sort of mandate for gun control, the serious political class sees it very differently, and many also noted that the gun control groups cost Colorado lawmakers their jobs earlier this year. I guess we’ll see next year whether Democrats up for re-election think the Bloomberg money is worth the political risk.

Welcoming Concealed Carry Licensees Back

I guess the Sanford, Florida police chief realized that banning people who have already had background checks that revealed they are law-abiding citizens from Neighborhood Watch programs was a bad idea.

He refuses to say why he changed his mind, and actually tells the press that he doesn’t have to answer for his decisions on the matter.

I don’t agree with his attitude that he has no obligation to account for his actions as police chief, but at least the result in this situation is better for communities.

Justice for Armed Robbers

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Hey, he was just a family man, you know, a family man that went around robbing people. If you don’t want to risk getting shot by someone in self-defense, there is an easy solution. Don’t rob people. Robbing people is wrong, and a person is within his right to defend himself against someone pointing a deadly weapon at them and threatening their lives. It’s amazing there are people in society who need to be told this. But he was just doing it to pay back child support!