I’m happy to see there’s been another in the series:
[youtube]http://www.youtube.com/watch?v=CJu0DgpiK8c[/youtube]
Category: Politics
True Heros
Pennsylvania lost a state trooper recently, who took a bullet trying to recover a kid who was kidnapped at gunpoint. He distracted the kidnapper long enough that they got the kid back unharmed. The kidnapper, fortunately, is dead.
Virginia Primary Day
Don’t forget to vote, if you live in the Old Dominion. Looks like Jim Moran isn’t cuddling up to us even now.
Revolt in New York State Senate
Looks like Republicans have taken control of the New York State Senate once again. This is good news for gun rights folks, as this might put the brakes on further gun control efforts in the Empire State.
Because It’s Worked So Well
Tom Coburn, who is a smart enough man to realize the futility of gun control, doesn’t seem to think you or I should be able to light up. Just what we need! Another drug to have a war on. Because, you know, it’s worked out so well for all the other ones.
Note to Senator Coburn: this kind of crap is why Republicans lose.
So Much for Federalism
When the federal government controls energy, there really is no practical limit on the power of the national government, and state sovereignty, even if not technically eradicated, is effectively eradicated.  This isn’t the commerce clause our founders envisioned.
It’s high time we start telling the federal government where they can shove their legislation.
UPDATE: Really, I think even Hamilton would be appalled.
PLCAA Being Read Narrowly by New Jersey Court
A Morris County Superior Court judge is allowing a suit to go forward against Sarco, a New Jersey based distributor of firearms. The facts seem to be that an employee stole a firearm from a shipment of guns, which was later used to shoot and severely wound a police officer. Sarco has offered a half million dollar settlement to the officer wounded.
I think, in terms of the PLCAA, that it probably doesn’t apply to this case, which is a negligence suit. But the circumstances surrounding this suit make me skeptical of the negligence claim. Sarco claims a shipment arriving from a California dealer that was shutting down had firearms missing from it, one of which their employee apparently stole. Sarco claims that it is the sender’s responsibility to file the FFL Theft/Loss form. That is correct, as we can see from the Federal Register:
If a firearm is lost or stolen in transit, the notation in the acquisition and disposition book of the transferor/sender that the firearm was disposed of to a particular transferee/buyer is inaccurate. Therefore, a transferor/sender must verify that the transferee/buyer received the shipped firearm in order to fulfill his/her statutory responsibility to maintain accurate records. 18 U.S.C. 922(m), 923(g)(1)(A), and 923(g)(2).
I think this makes it difficult to say that Sarco was the responsible party here from a legal point of view, since as best they knew the shipment arrived with the guns already missing, which puts the legal onus on the sending FFL for reporting. In that instance, the negligence suit will have to be decided on whether or not Sarco’s security procedures were sufficient to prevent unauthorized employees from tampering with shipments. That should be a harder case to make than if they had actually violated ATF regulations, but I suspect they are offering settlement because they realize an injured police officer before a jury, against a gun distributor, in a New Jersey court, is not likely to turn out well for them.
Why Sarco chooses to locate in a state that is decidedly hostile to their line of business is a mystery to me. I can think of several nearby states that would be a better place to do business.
11% Still Think Obama is a Muslim
Apparently the trend that began with the campaign is continuing:
Only 48% correctly identify Obama as a Christian. Over a third of Americans (35%) say they do not know Obama’s religion, either because they do not know enough about him (22%), or because they have heard different things about his religion (13%); another 6% refused to answer.
Is Christian really the right answer? I’m pretty sure I know who his messiah is.
Defend Yourself and Become a Felon
I actually question how useful right-to-carry would be in the Garden State, when pretty regularly you see people defending themselves getting into trouble with the law. This Jersey City gun shop owner had some words with individuals who were blocking him in double parking. Not the wisest thing to do if you’re armed, but that doesn’t excuse beating someone to the ground.
Not long after, his store had a gun stolen, and officials used that as an excuse to pull his license, and not longer after that he was facing felony charges. Hudson County prosecutors got not only one grand jury to indict the guy, but two, after the initial charges were thrown out after it was shown the prosecution lied about the gun shop owner not having a license for the gun.
What’s wrong with people in New Jersey? I’ll be the first to admit that confronting the double parking vehicle wasn’t the smartest thing to do. Once the situation escalated, the smart thing to do was to retreat and call the police. But you don’t get to beat a man when he’s down on the ground. I might, as a juror, consider charges of simple assault for the both of them, and I’d probably even accept a charge for firing the gun within city limits. But a felony gun charge, when the guy is licensed to carry? No way. It looks like he got off with probation, but he’s still a convicted felon:
A former Jersey City gun store owner who fired into the air while he was apparently being attacked outside a Downtown club two years ago was sentenced today to two years probation and 100 hours of community service and ordered to undergo anger management counseling.
So he gets sentenced as if it were a simple assault, which at worst it was, since it depends on who’s story you believe as to whether he was a willing participant in the fight. But it doesn’t, to me, appear that Mr. Murray asked to be beaten.
Grown Up Party
Tam is suggesting we need a new party. I think she’s right. “The GUP is the Party for Me.” It even rhymes.