It’s Obamariffic

Breda has an Obama ad up that’s just absolutely craptacular.  The very last bit, where the chick represents your brain on hope, was almost enough to make me lose my lunch, which is odd because I haven’t eaten lunch yet.  I don’t say this ad is bad just because I don’t agree with it.  I think it’s just bad.  This kind of dreck people will tire of quickly.  This won’t resonate with that much of the American public, who aren’t feeling to hopeful just because “Obama is here!”

In fact, people born before the end of the cold war should just find this absolutely scary.  Obama really needs to stop hiring folks who admire Soviet propiganda artists, and who have spent entirely too much time trying to save petting zoos.  Honestly, it’s a testament to how bad our choices are that this guy isn’t getting clobbered.

UPDATE: Bruce has a good one too.

The Kynn Apologies

Some of you may have been following the Kynn incident over at SayUncle.  I’m happy to see that we’re more in an apologetic phase, with both Uncle and Kynn issuing apologies.  But I wanted to address some points that Kynn made:

Okay, now, the first point — several people, including Mr. Uncle, have said “how could someone from a group who is attacked be as bigoted as to judge gun nuts as a group? What a bigot Kynn is!”

This comparison is pretty much laughable to me, as it would be to most people who have done any work in anti-bigotry activism: There’s obviously a big difference between characteristics such as one’s gender, gender identity, sexual orientation, race, ethnicity, and so on, and characteristics such as one’s beliefs regarding gun control, birth control, abortion, war, taxes, disco music, or choice of political candidate. Transphobia is not the same thing as being angry at everyone who supports (or opposes) the Iraq War. The latter is much more like gun control than being genderqueer is.

The truth is, it’s laughable to most people.  It may be a technically correct use of the term “bigot” to describe someone “obstinately or intolerantly devoted to his or her own opinions and prejudices,” but in practical terms, “bigot” more often than not has racial connotations to most people who aren’t familiar with the true dictionary definition.

As much as I believe the fight for the second amendment is a civil rights struggle, that has parallels to other civil rights struggles in our nation’s history, I’ve always had a hard time getting over the fact that being a gun owner is a choice, whereas no one chooses to be Black, Hispanic, Native American, and, at least in my opinion, gay, lesbian, bisexual or transgendered.  In that sense, barring someone from a community because of his color just can’t, in my opinion, rank up there with barring someone from a community because he chooses to be a gun owner.  I do agree that the latter is a constitutionally protected right, but I can choose not to be a gun owner.  Someone can’t choose not to be black.

Don’t get me wrong, I think it’s worthwhile pointing out that many people’s views of gun owners are prejudicial, and based on stereotypes; I have no problem turning the entire political correctness machinery around on folks who relish in using it on conservatives.  But I think we should be careful throwing the “b” word around.  That’s not to say it has no place; I’ve certainly used it in instances where a person had just displayed an unapologetic disdain from people who come from a certain (rural) culture.  But I don’t think it’s the first thing to brand someone with.  Appeals to tolerance, and pointing out that the some views might be based on stereotypes and prejudices, I think is just as effective.

Hopefully Kynn can appreciate that there are as many opinions as gun owners.  Some of us are pretty conservative, both socially and politically.  I would be a liar if I said there were no racists in the gun culture.  Some of us will stand for no gun laws, some of us are willing to live with a few.  But perhaps Kynn might be surprised to learn that there are a lot of us who don’t really have issues with the GLBT community, and who support issues like gay marriage.

Kynn and I would probably never consider ourselves political allies.  No doubt on most political issues, we’d probably work against each other.  But it does no one any good to alienate others based on prejudicial views.  Regardless of whether I vote for McCain over Obama, I will be an advocate from within the conservative movement for stronger acceptance of the people like Kynn, and a recognition that whether you agree that who they are is a lifestyle choice, or something imposed on them through genetics, they have a right to live how they want as free people, and to enjoy all the same benefits as other members of our society.

To me the tragedy is that we let our petty sqibbles get in the way of that far too often.  It’s very hard to win acceptance of rights that only have support from one side of the political aisle.  Just read Ilya Somin’s article on Gun Rights, Post-Heller.  Gun owners need to accept that we need the left to buy into gun rights, and the left needs to accept that they need to get conservatives to buy into things like gay rights.  That’s really the only way we’re both going to win.

Quote of the Day

From Barack Hot for the Teacher Obama:

“I consistently believe that when it comes to whether it’s Native Americans or African-American issues or reparations, the most important thing for the U.S. government to do is not just offer words, but offer deeds.”

That’s a bit uncomfortably close to an endorsement of reparations.  I do not support reparations for slavery.  Reparations for slavery have already been paid.

EVC Goodie Bag Has Arrived

I have obtained my EVC packet from the Evil League of Evil in Fairfax, which contained various gun nutty trinkets, scads of bumper stickers, a DVD which does not work with my Mac, a completely list of instructions, a list of contacts, secret decoder book, locations of safe houses, and cyanide tablet in the event of capture.

Now I just have to await the transmission from headquarters, which outline NRA’s political priorities for my district, along with endorsed candidates, and determine which campaigns we’re supporting, and who we can direct volunteers to

Senator Ted Stevens Indicted

Looks like Senator Stevens has been indicted in a corruption probe.  If the Republicans lose, and lose big this November, they will have only themselves to blame.  That’s not to say the Democrats are any better, given money in freezers, and a presidential candidate that hails from the city that put the “C” in Corruption.  But it makes me wonder:

The indictment released Tuesday said the items included: home improvements to his vacation him in Alaska, including a new first floor, garage, wraparound deck, plumbing, electrical wiring; as well as car exchanges, a Viking gas grill, furniture and tools.

I’m in the wrong line of work.  I just need a new patio roof and patio.  If that is Senatorial level graft and corruption, I figure a nice state level position would be enough to weasel a new patio out of someone.

What Can Be Done to Fenty

A lot of folks have been asking “Why can’t Fenty be sued over his refusal to honor Heller.”  Others suggest he should be in jail.  I certainly agree with folks that Fenty and DC City Council have not been acting in good faith in regards to changing their laws, and I look forward to the smack down being put on them, either by Congress, or by further court action.

First, a bit about the actions available to go after public officials who violate civil rights.  For criminal statutes, you have:

  1. Title 18, U.S.C., Section 241 – Conspiracy Against Rights
  2. Title 18, U.S.C., Section 242 – Deprivation of Rights Under Color of Law

For civil action you have Title 42, U.S.C., Section 1983 -Civil action for deprivation of rights.  The criminal provisions and the civil remedy both require that the defendant be violating clearly established precedent.  The criminal provision would require willing cooperation from the US Attorney General, which is not likely to be forthcoming.  That pretty much leaves the civil action.  In the civil action, there are two ways you can sue an official.  You can sue them in their official capacity, where your only remedy is to enjoin them from further violation of rights, or you can sue them in their personal capacity, if you want to seek damages.  The problem is, all government officials enjoy qualified immunity from suit if they are sued in their personal capacity.

Qualified immunity fails to apply if a reasonable person would have known that his or her actions violated clearly established precedent.  Fenty would fail the reasonableness test, but is he violating clearly established precedent?  DC’s ridiculous “machine gun” law was not challenged in Heller, which Fenty is currently using as justification for banning semi-automatic firearms.  There is currently no judicial precedent that suggests machine guns have to be defined a certain way.   It certainly violates the spirit of the Heller ruling, but whether it violates the letter of it is a bit more murky.  The Court also ruled that “the trigger-lock requirement (as applied to self-defense) violate the Second Amendment.”  But DC did change their law to make a self-defense exception.  It’s a ridiculous exception, but The Court was not entirely clear on what kind of provision was unacceptable, and what kind might be acceptable.  It just said that DC’s law as it stands violates the second amendment.  Again, Fenty and DC are violating the spirit of Heller, but whether they are violating clearly established precedent for the purposes of stripping qualified immunity is another matter.  Courts tend to be reluctant to strip public officials of qualified immunity.

It would certainly feel good to get back at Fenty, but right now, the best way to resolve this issue is through Congressional action to set DC’s gun laws, and then preempt City Council from passing further gun laws.  The next best action, next best becuase it will take longer than Congressional action, is the path already being taken by Steven Halbrook and Richard Gardiner on behalf of Mr. Heller.  Once we get some more precedent under our belts, that more clearly defines the scope and bounds of the Second Amendment, it will be easier to sue public officials in their personal capacities under Section 1983, but for now, it would be a costly move that wouldn’t accomplish much other than making people feel better.  The best course of action forward, and the one most likely to succeed, is the one currently being undertaken.

Brady Donations to Patrick Murphy

I have obtained a Federal Election Commission filing from the Brady Campaign’s Political Action Committee.  You will notice a $1000 donation to Patrick Murphy for Congress dated October 13th, 2006.  Right before the election.

Little doubt here that Murphy is trying to get some political cover on the gun issue in a county full of gun owners.  That way when people raise his anti-gun record, he can point other pro-gun measures he’s signed on to as proof that he’s really not against us.  He has to triangulate on this issue.  I am not the only car with an NRA sticker on it in this neighborhood, and there’s a gun shop within walking distance.  My local club has 1200 members, and there are more than a dozen other ranges and clubs in the county, many of which are also rather large.

Pro-gun forces in Southeastern Pennsylvania have largely been unorganized.  NRA has a presence here, but few are standing up and getting involved.  Hopefully, we can start turning that around.  Pennsylvania’s future as a pro-gun states absolutely depends on the Philadelphia suburbs.  We can see what the result is of the suburbs voting in lock step with the city in Ed Rendell’s governorship.  By contrast to Rendell, Barack Less Filling, Tastes Great Obama failed to take the suburbs, and failed to take the state.

Gun owners in other parts of Pennsylvania are quick to dismiss the Philadelphia suburbs as a lost cause, but by doing so, are sowing the seeds of their own doom.  We have a shooting culture here.  It’s showing some health problems, but it does exist.  Hopefully we can show people in the rest of the state that we’re worth saving.

Patrick Murphy Signs on to National Concealed Carry

Patrick Murphy has cosponsored H.R. 861, the National Right-to-Carry Reciprocity Act.  According to Thomas, he signed on as a cosponsor on July 22nd.  That’s a few days after we got a visit from one is his perky volunteers.  I should note that Congressman Murphy has used his concealed carry license as political cover on this issue before.  Hell, even I bought it before I had idea what his record would be.

But the fact of the matter is the guy signed on to a pretty serious and draconian ban of most semi-automatic firearms, including the most popular target rifles that are sold in the US today.  He also is conspicously absent from the Congressional Amicus Brief supporting Mr. Heller in overturning the ban on guns in Washington D.C.  Patrick Murphy was one of only six members of the Pennsylvania Congressional delegation who did not sign on to the brief.

One wonders how Congressman Murphy thinks we’re supposed to carry guns, when he doesn’t seem to have any issue with guns being banned.

EVC Site

We have established a web site for our EVC activities in Pennsylvania’s 8th Congressional District.  Obviously one of the main things we wanted to highlight was Congressman Patrick Murphy’s record on guns.  We will be developing fliers to distribute to clubs, ranges and gun shops, to make sure folks know that Patrick Murphy would like to make sure folks like this find it difficult or impossible to compete in their chosen sport.  No doubt that many clay shooters and bird hunters would be interested to discover the poor wording in HR1022 bans all semi-automatic shotguns as well.

We will be as ready as we can hope to be once the endorsements come out.

Update on Defensive Shooting in New Jersey

And update to the case we talked about last week.  The man shot by a senior citizen homeowner during a home invasion has died from his wounds.

The homeowner has not been charged, Mohel said.

“The investigation is continuing,” he said.

A homeowner, when under the “reasonable belief” that force is immediately necessary to protect himself or others against the use of unlawful force by an intruder, can shoot, said Ronald F. DeLigney, First Assistant Ocean County Prosecutor.

A sixty six year old man, within twenty one feet of a much younger thirty one year old man who had unlawfully entered his home?  In most states, this is the only evidence that would be necessary for prosecutors to rule it justifiable.  Even in Pennsylvania, where technically there is a duty to retreat inside your home (but not from your home), no prosecutor would take this case forward because you won’t find a jury that’ll convict a homeowner of shooting a home invader.  Yet a week later, the Ocean County Prosecutor isn’t sure, even though it’s pretty obvious the man was in the homeowners dwelling unlawfully, and at a distance where he was an immediate threat.

UPDATE: According to this article, he’s retained Evan Nappen as his attorney.