Category: Guns

Joe summarizes a debate that’s happened within the community that I’ve been following but haven’t joined in. Joanna I think makes some good points too. Partly because I don’t fall cleanly on one side or another. It can’t be denied that a very significant motivation for gun control is a form of cultural condescension, and a any bit of discussion on the Internets quickly reveals that many people have a prejudiced view of the kind of people gun owners are, and associate gun ownership with certain cultural stereotypes. It might not be racism, or anti-semitism, but it’s a similar form of intolerance nonetheless, and that should be pointed out. But in doing that, I do think we need to be careful about what we compare ourselves to. Not everyone who believes in gun control has a bigoted view of gun ownership, and not every discussion of gun owners is necessarily driven by cultural prejudice.

But Joe is fundamentally correct that the cultural condescension can’t go unchecked, or it’ll grow, and it is often useful to point out how it’s not that different from other forms of intolerance. But more often that not, I think the prescription for that is for people to learn that reality doesn’t match the stereotypes they have in their head, which means they have to learn they have gun owners and shooters in their social circles. One of the reasons I think cities like New York and Chicago have become such wonderful breeding grounds for these attitudes is it’s highly unlikely political and cultural elites will have gun owners within their circles of friends. This is a product of the legal environment in these places, which hopefully we can change soon.

Joe reminds us of a poor way in which the law was drafted, that exempts having a gun within 1000 feet of a school if you have a license from the state the school is in, but doesn’t in other circumstances. It is therefore possible to be charged with violating the federal gun free schools act if you carry on a reciprocal out of state permit.

The Gun Free School Zones Act was held unconstitutional once, but Congress rewrote it. It’s likely it wouldn’t stand up again if challenged. But it is worth noting.

God help us all.

SayUncle points to an amusing mishap over at Field and Stream, in what’s an otherwise decent article on rifles in the past decade:

The Supreme Court’s Keller decision. Article II lives!

Yes, he’s going to find out just how alive Article II is if the Obama Administration starts implementing Mayor Bloomberg’s Blueprint to Prevent Gun Ownership.

According to this article in the Christian Science Monitor:

Hamblen says he’s not surprised that he lost at the appeals court. But he says he is surprised that he’s received no help from gun-rights advocates. “They are treating me like I’m a skunk at the picnic,” he said.

As for his case, he plans to fight on. He says his lawyer is preparing a final appeal, a petition to the US Supreme Court. “Why stop now? I’ve already done the hard part. I’ve already done my time,” Hamblen says. “All they can do is say no.”

My prediction is that the Court will refuse to take the case, leaving the Sixth Circuit decision on his conviction in place. Hamblen will remain a convicted felon. He shouldn’t be surprised being treated like a skunk in a picnic, because that’s generally what I would call someone who puts everyone else’s legal rights at risk because he’s right dammit.

I’m not outraged because I believe it’s correct to exclude fully automatic firearms from the Second Amendment, but because I think it’s wrong. If someday public and judicial opinion on the topic changes, we’ll need circuit courts where that issue is undecided in order to move a case forward. Wayne Fincher has already sealed up the Eighth Circuit with a bad ruling, and now the Sixth Circuit is closed off as well thanks to Mr. Hamblen. Others may venerate these men as heros, but I don’t believe they are. We all know what the law is, and if you’re going to force your case in front of federal judges, you owe it to everyone else who’s passionate about the issue to prepare a careful, thorough, and well put together case. Dick Heller is a hero. Otis McDonald is a hero. These men did it correctly. Skunks at a picnic? I can’t think of any analogy more apt.