The AP has an article on the GOP, that I could best sum up as “Tax protesters, tea partiers and creationists, oh my!” Also with a healthy heaping of homophobia and xenophobia, just to round out the article. Pennsylvania has always politically divided more along urban, suburban and rural than by party, which isn’t something this article alludes to. The media will obviously do what they can to scare suburban voters by bringing forth the likes of Metcalfe and Bloom, and it will work. Corbett would be smart to distance himself from the GOPs far-right heading into his re-election campaign.
Category: Politics
Christie Signs Some Gun Bills
Alert from ANJRPC quoted below. Not too surprising considering Christie’s general disdain for civil liberties, as was recently expressed. But if he vetoes the worst of it that’s at least something. I also think there’s a better chance of winning on the terror watch list issue in Court than most other things:
This afternoon, Governor Christie announced that he signed 10 of the gun bills on his desk.  Two of those bills are helpful to gun owners, six are neutral in their impact on gun rights as a result of amendments based on gun owner input, and two were opposed by gun owners.
Three other horrific anti-gun bills – the worst of the bills that made it to the Governor’s desk -have not yet been acted upon by Governor Christie: the Sweeney “centerpiece” FID bill, the fifty caliber ban, and the trace data bill that would require the State Police to violate federal law.
It is critical that the Governor’s office continue to hear from gun owners on the three bills that have not been acted on yet.  Please do your part and keep urging the Governor to veto these bills.  Please call the Governor’s office ASAP at 609-292-6000, write him atP.O. Box 001, Trenton, N.J. 08625, or send an email using the online contact form.
The 3 anti-gun bills on which the Governor has NOT yet acted are:
S2723Â – the awful Sweeney “omnibus” bill, which throws out existing FID cards and replaces them with either a privacy-invading driver license endorsement or other form of ID; suspends Second Amendment rights without proof of firearms training; ends private sales between background-checked licensed gun owners; effectively creates a registry of ammunition purchases and long gun sales; and imposes a 7-day waiting period for handgun purchases.
A3659 – the fifty caliber gun ban, which in its final version bans firearms that shoot centerfire cartridges of any caliber that attain a muzzle energy of 12,000 ft-lbs. or greater.  Though limited grandfathering has been added in response to gun owner concerns, the firearms must be registered, cannot be passed down to heirs, and owners will be civilly liable for damages if the firearm is used in a crime.  Additionally, the bill has been amended specifically to prevent anyone with a pending order for these firearms from taking possession of them.
A3797 - Mandates that the State Police publicly disclose confidential ATF gun trace data in violation of explicit federal law limiting that data to law enforcement use only. This is an attempt by frustrated gun banners to circumvent the federal Tiarht Amendment, so that idiosyncrasies of the ATF’s trace system can be exploited and manipulated to falsely suggest that law abiding citizens are a source of “crime guns.”  ATF has opposed similar efforts to circumvent confidentiality, which could compromise ongoing investigations. Note: a conditional veto by the Governor removing just the offending parts of A3797 would be sufficient.
The 2 bills that HELP gun owners which the Governor has signed are:
A3788 – Prevents public disclosure of personal information of licensed firearms owners, including name, address, and phone number. The legislation prevents a repeat of what happened in New York State in January, when several newspapers obtained personal information of Empire State gun owners via freedom of information requests and then published that information both in print and on the internet.  Publishing personal information of gun owners jeopardizes their safety and makes them targets for gun theft, in addition to raising significant privacy concerns.
A3796 – Addresses an anomaly in New Jersey’s “assault” firearms statute that prevents those still in possession of banned firearms from lawfully disposing of them.  This bill reopens a compliance window for a short time during which banned firearms could be lawfully disposed of.  Although the compliance window is too short, and the bill fails to allow for lawful disposition of banned magazines and ammunition, it nonetheless offers a limited compliance opportunity that is a temporary improvement over current law.
The 2 bills opposed by gun owners which the Governor signed are:
A3687 – Terror Watch List bill. Makes it possible to suspend Second Amendment rights without a specified requirement of due process, based on a secret government list compiled by federal bureaucrats with no published standards, no identified procedure to correct errors, and potential for enormous abuse by those in power. Proponents of the bill have argued that due process is available because there is a right to appeal any permit denial under New Jersey law.
A3717 - Requires submission of certain mental health records to NICS without an explicit, stated requirement of due process within the legislation itself.  ANJRPC has no objection to the core purpose of this legislation, but believes that the legislation needed to explicitly state that only records of persons who have had judicial due process (with a right of appeal) should be submitted to NICS. Proponents of the bill have argued that the NICS system itself, as well as New Jersey mental health law, contain independent due process requirements.
The 6 bills signed by the Governor that have been neutralized in their impact on gun rights are:
S1279Â – Upgrades penalty for unlawful transfer of a firearm to a minor (specifically amended to exempt lawful instruction and training, competition and target shooting)
S2720Â – Makes records regarding the total number of FID cards and handgun permits issued subject to public disclosure (does not disclose identity of gun owners)
S2804Â – Upgrades penalty for unlawful firearms possession by felons or those engaged in serious criminal behavior.
S2430Â – Creates a study commission on gun violence.
S2468Â – Permits vehicle impoundment where felons or those engaged in serious criminal behavior are unlawfully in possession of firearms.
S2719Â – Anti-trafficking legislation (amended to prevent numerous unintended consequences to legal gun owners).
Please watch for upcoming alerts and updates, and please keep contacting the Governor’s office!
Media Spinning Colorado Recall Elections
Media spinning the recall elections in Colorado as “phony.” Expect this to continue. A lot of them aren’t even mentioning his vote on gun control, and it’s being downplayed. WaPo doesn’t like how recall is being used. Funny, did they feel the same way about the Scott Walker recall? Why no, they didn’t.
What’s funny is I’m sure that the Colorado Democrats are now dutifully studying the Scott Walker playbook on how to beat a recall. All this could have been avoided if Morse and Giron had listened to Coloradans instead of taking orders from the White House and Gracie Mansion.
Second Bite at the Apple for CCW in New Jersey
After failing in the federal 3rd Circuit, the Second Amendment will have another bite at the apple at the New Jersey Supreme Court. I don’t expect this to go differently than in the 3rd. I’ll be shocked if it does. Most likely the NJSC wants to revise their now antiquated collective-rights ruling to be one which recognizes the Second Amendment as being a fundamental, inalienable right that doesn’t mean anything, so don’t get any ideas, peon.
As a side note, though somewhat related, if I could pick one fact to drive into the brains of gun owners around the country, it’s that the Second Amendment doesn’t fundamentally mean anything short of what the robed ones say it means. You’d be surprised how common the “Well, they just can’t do that. The Second Amendment, you see…” like the founding fathers are just going to descend from the heavens and beat some sense back into policymakers if someone gets it wrong. They have no idea how much this game has been rigged.
They Can Add Me to the List …
… of people who are not fans of Chief Kessler. IÂ think his being the public image of this issue in Pennsylvania is more harmful than helpful. In the past few years, I’ve I haven’t been talking as much about what I think is smart activism, versus what I think is just clownish behavior can actually hurt the cause. I’ve heard Chief Kessler speak, and heard what he has to say, and I did not walk away with a favorable impression of him as someone who can carry our message effectively. The news stories since then have not dissuaded me from that view.
In the wake of the Newtown tragedy, we had a strong, local upwelling of pro-gun sentiment that happened relatively spontaneously. After years of trying and failing to organize in various contexts, it was something to feel optimistic about. But as time wore on, the sensible folks who wanted to do real political engagement were pushed out by the clowns and whack-a-doodles, and the crowds aren’t turning out anymore. The potential is there, but it’s not surprising to discover most gun owners don’t really want to engage in loud and aggressive open carry protests and counter-protests all of the time. Every tactic has its limits.
After this groundswell got started, the local politicians were paying attention. Even politicians we never figured would touch the gun issue with a 20 foot pole were at least willing to come see what the buzz was about. Now I’d be surprised if they want to touch the gun issue with a 50 foot pole, especially if they think it’ll mean having to explain their involvement with a group allied with Chief Kessler’s CSF to their largely suburban constituents.
Only about half of households are gun owning, and many of them are completely unfamiliar with the gun culture. They have a difficult time even putting something like IPSC or IDPA into context, let alone something like a Constitutional Security Force. Additionally, it’s always a good rule of thumb is that when even fellow gun owners are put off by your tactics, it’s a signal you might want to rethink what you’re doing. You can hew and haw all you want about how wrong they are, and you might have a point, but at the end of the day you need to bring those people along with whatever you want to accomplish.
There is a very strong strain in the pro-gun community that seems to believe only good intentions matter, and arguing over what makes for effective tactics amounts to a form of elitism. I’ve resisted these conversations in recent years, because to be honest, I haven’t had the time or energy to deal with it. But I’ve watched too much opportunity here in Pennsylvania get sacrificed to clownish behavior in the past few months to keep completely silent about it.
Here’s the cold, hard truth: if we do not manage to keep suburban legislators and suburban voters on the side of, or at the least acquiesced to the idea of civilian gun ownership, Pennsylvania will slowly begin transforming into New Jersey and New York. Attitudes might be a bit different in places like Gilberton, but because of migration patterns in Pennsylvania, it’s increasingly suburban Philadelphia voters who call the shots in state elections. You can’t avoid having to consider what those voters think of you.
And it’s not just suburban voters; suburban gun owners have to feel comfortable being involved. Tactics that alienate and keep them on the sofa are cutting off your nose to spite your face. It takes more than a couple dozen activists with megaphones, banners, flags, and ARs and AKs strung across their chests to defeat a gun control bill, to push a pro-gun bill, or to successfully swing elections. Whether you want to accept it or not, those three things are the meat and potatoes of political action. Anything that doesn’t involve supporting those processes is window dressing.
As a movement, we seem to enjoy window dressing a bit too much these days, and my fear is that’s going to kill us if we’re not careful.
Are They Trying to Hold the Senate?
So when reader Adam Z sent me this article today about Harry Reid promising Moms Demand Action a vote on a gun control bill in 2014 before the midterm election, I started to wonder if it’s actually not a strategy to keep control of the Senate.
Here me out as I kind of walk through a possible strategy. It could be simply crazy talk or crazy like a fox. You decide.
For those of you who don’t have the list memorized, here are the red states with Democrats facing re-election or with an open seat currently held by Democrats in 2014: Alaska, Arkansas, Louisiana, Montana, North Carolina, South Dakota, and West Virginia. Now, most people would think that after you already failed to garner enough votes right after Newtown, you definitely don’t want to force another vote that fires up the Second Amendment vote in an election year in these key states.
But, The Nation assumes way too much about the promise with its vague promise of timing.
Reid’s prediction now of a pre-midterm election vote on gun control is crucial, because it means senators who oppose background checks will have to declare their opposition in the heat of a campaign cycle.
They seem to assume that such a vote would happen when Democrats could be challenged on the issue. Not likely. Reid could be promising a vote after primary season and before the general election. By doing that, he can keep challenges from the left at bay, and he knows that even lefty voters who support gun control aren’t going to run into the arms of Republicans over it. Those same liberal voters will likely be motivated to turn out on other issues – preserving Obamacare or whatever the topic of the day is at the time. They may have an opinion on guns, but they don’t vote guns. Reid knows this.
In the meantime, by holding a vote closer to a general election, Reid now gives the Democrats cover to run on a platform of being a strong pro-gun vote. They can say that their presence in the Senate keeps the crazy wing of the party from running wild on gun control. There’s an element of truth in it. Gun owners would just have to decide if they trusted that specific candidate enough not to stray once re-elected, and lower information gun voters may not think far ahead when voting.
A gun control vote fight post-primary and pre-general would also mean that NRA’s human resources – staff and volunteers – will be tied up with drumming up opposition to the vote instead of focusing on the early stages of the general election. It means that endorsements to signal where volunteers should help out will likely be held until the last minute after the vote. It means less time to be on the air with commercials and less time to buy other advertisements and do mailings. Don’t even get me started on the magazine publishing deadline. That will be a nightmare in itself.
So, while a 2014 pre-election vote may get the pro-gun voters energized, Reid may be calculating that it may not hurt the Senate Democratic candidates in those key states. So while the left may be cheering this news, it may not be nearly as exciting for them as they hope it is.
Third Circuit Upholds New Jersey Carry Restrictions
The case is Drake v. Filko. The third circuit has generally been terrible for the Second Amendment, and not really too surprising since although it’s major state is relatively pro-gun, the circuit judges are going to tend to be drawn from Philadelphia, and reside there.
Here, we conclude that the requirement that applicants demonstrate a “justifiable need†to publicly carry a handgun for self-defense qualifies as a “presumptively lawful,†“longstanding†regulation and therefore does not burden conduct within the scope of the Second Amendment’s guarantee.
Wow. Talk about lazy. Because that’s totally what Heller said. So there it is folks. There is no right to carry a firearm in the State of Pennsylvania, New Jersey or Delaware under the Second Amendment as far as our federal judicial overlords are concerned. Poof! Gone. Unless the Supreme Court steps in to fix it.
Self-Defense Law in Pennsylvania Changing?
Eugene Volokh highlights how the Pennsylvania Supreme Court has opened the door to redefine Pennsylvania’s self-defense standard from one which requires the state to disprove a claim of self-defense beyond a reasonable doubt, to one where the defendant has to prove self-defense by a preponderance of the evidence. This would essentially shift the burden from the state to the defendant. Prof. Volokh notes that the legislature can codify the standard and settle the issue, which we might need to start pushing. A burden shift like this is going to mean more ambiguous self-defense cases are going to end up going to trial, even if the state doesn’t have a remarkably strong case.
Looks like we’re not finished on this subject yet in Pennsylvania. Looking at the opinion here, it would seem to me that there might be the votes to change the standard, since three justices joined in the Chief’s opinion, while only two filed concurring opinions that took issue with the self-defense statements. Note that Orie Melvin did not participate in this case because she was on leave from the court, and eventually convicted of several felonies.
Pennsylvania conducts Supreme Court elections in off years. A lot of people, including gun owners, don’t vote in these elections. These are the wages of that belief. Or perhaps I should say the continuing wages of that belief, because we’re still living with de facto registration in Pennsylvania thanks to the ruling in ACSL v. Rendell. I’d note that opinion was handed down in 2004, and we’re still hearing nothing but promises from legislators in terms of fixing that, nearly a decade later. I would not hold out hope they’ll fix the self-defense issue if the Supreme Court acts there in any kind of timely manner. Supreme Court elections are very important.
Mayor Carlos Danger?
That latest Anthony Wiener scandal:Â I couldn’t make this stuff up. Mild mannered politician by day… every woman’s superhero by…. eeew. I wouldn’t want to use the phone booth after he’s changed into that particular alter ego.
“Assaulted: Civil Rights Under Fire” Comes to Philly
It’s going to be screened at the Ritz at the Bourse, 4th and Ranstead Street, Philadelphia, PA. That’s here, for those interested.
Assaulted: Civil Rights Under Fire
With Guest Speaker Gun Rights Attorney Joshua PrinceThursday, August 8th 7:30pm $13.00
Ritz at the Bourse, 4th and Ranstead Street, PhiladelphiaTickets are available ONLINE ONLY. Please reserve yours ASAP.
https://www.tugg.com/go/akjcvx
You will not be charged unless/until screening attendance threshold is met.
Here’s the trailer: