Shall Not Be Questioned – Page 362 – The right of the citizens to bear arms in defense of themselves and the State …

We’re More United

I find it funny just how far anti-gun advocates will go to pretend that gun ownership is still just a concern of those rural hicks and that no “legitimate” gun owner actually supports the right to own guns they seek to ban. I came across this tab I still had open from last week when the Eastern Sports & Outdoor Show was cancelled after their largest vendor that sold fishing & hunting gear pulled out, their largest or second largest (it was tough to tell in layout plans) boat display pulled out, and dozens of hunting guides and lodges pulled out. The order, timing, & type of non-gun vendors who withdrew is flat out ignored by local officials when condemning NRA members:

It is also unfortunate that legal gun owners and the many families who have enjoyed a long tradition of hunting in the beautiful rural environment around the region will be deprived of this major event because of a controversy caused by firearms manufacturers who profit from the sale of weapons designed for the mass killing of human beings. …

This kind of conflict within the firearms community is the result of years of polarization between the majority American sportsmen and hunters who exercise their constitutional right to bear arms and at the same time favor reasonable illegal gun controls, and a minority of NRA members who refuse to recognize the very real problem of illegal military style weaponry and the mass havoc such weapons facilitate.

The anti-gun leaders know that dividing our community is the most likely path to success. However, that hasn’t happened at this point with many more people who typically just hunt realize that the guns they use are also being targeted. When presented with this pesky fact (based on the timeline and types of vendors who dropped the ESOS because of the gun ban), these anti-gunners don’t know how to fight it. They know we vote. We’re more likely to vote in off year elections, too. Now their strategy is just to lie about it and pretend that we’re heavily divided – even in contexts where the evidence clearly contradicts them.

Band-Aids & Guns

Jim Braaten talks about how dealing with his pre-school daughter is awfully similar to dealing with anti-gun advocates and politicians.

The Non-Public Public Meetings on Gun Control

Just like Joe Biden did in Virginia, Obama plans to start off next week with a not-really-public meeting with supporters to call for more gun control in Minnesota.

This isn’t about hearing from real voters, but they do know that when the President or Vice President come to town and are “seen” as talking to voters about gun control, then it increases local coverage for their cause. I find it interesting that Obama is currently targeting states he won, but where he doesn’t have consistent support for the gun ban agenda from members of Congress. This is very much about testing out the waters of firing up his personal base to see if they will act on gun control. It’s also timed to coincide with the state push for gun control, so he’ll probably tie at least some of his remarks to drive attention to that. I have no doubt that the White House has seen how visible pro-Second Amendment folks have been in key states that should be able to ram through gun control without a second thought, and they want to attention away from our efforts.

As I said previously on the post about Biden’s visit to Virginia, if there happen to be a handful of dedicated pro-gun activists in the immediate area to Obama’s visit, just having a few people out with signs to protest can be very useful for fighting in the media. It doesn’t have to be a mass, full-scale effort. Just a few people who already live or work in the area and have the flexibility to step away from their jobs for an hour or two and hold up some polite protest signs. Those kinds of small efforts make their way into the media reports, and it shows those local lawmakers that Obama is trying to pressure that we’re not giving up.

Having a Gun in the Home and Drinking

Constitutionally protected, at least in Michigan. The Appeals Court ruled:

While preventing intoxicated individuals from committing crimes involving handguns is an important government objective, the infringement on defendantâ€™s right in the instant case was not substantially related to that objective. We initially note that, at the time of the officersâ€™ entry into the home, and at the time they were actually able to establish the level of defendantâ€™s intoxication, defendantâ€™s possession was constructive rather than actual. Thus, to allow application of this statute to defendant under these circumstances, we would in essence be forcing a person to choose between possessing a firearm in his home and consuming alcohol. But to force such a choice is unreasonable. As the facts illustrate, there was no sign of unlawful behavior or any perceived threat that a crime involving a handgun would be committed….

I’m OK with laws that punish the use of firearms while actually intoxicated, but not for a firearm stored in the home. Such a restriction is probably “common sense” to our opponents, but not to anyone who actually owns a firearm. It’s exactly how the court characterized it.

Why New York City Must Accept the Second Amendment

So we can save the 4th Amendment. Tactics like this, or stop and frisk, became far less attractive when a lot of ordinary citizens are legally carrying firearms. It overwhelms law enforcement with false-positives. But you can bet even if we force carry on them, they will use this anyway to harass the law-abiding, as long as the courts let them get away with it.

ATF Botches Another Operation

Looks like they botched another one. Dave Hardy notes: “ATF team wins first placeÂ in the competition for the most mucked-up sting operation in LE history.” A lot of folks want to get rid of the ATF. Certainly the FBI would likely be more competent at enforcing the laws on criminals, which would be a good thing. The problem is, the FBI will also be more competent at railroading the otherwise law-abiding on gotcha technical violations. They will also be more competent at petitioning Congress for more gun laws, and anti-gun Presidents would have more leeway to nominate anti-gun crusaders as FBI chief. Gun owners often call for the abolition of ATF, which is short sighted. As long as their are federal gun laws, someone is going to enforce them. Pick your poison.

Alan Gura on the 7 Round Limit

“Clearly Unconstitutional” I am glad to hear such a firm statement. There have been others in the Second Amendment legal community that have broached the topic of round limitations, and while I realize there’s a limit to how far the federal courts are likely willing to go on these topics, if a ten round limit is conceded as constitutional, why not a seven round limit? What qualifies a judge, or legislator, to make such assessments? I know a lot of folks have derided the “common use” language in Heller as being a circular argument when it comes to machine guns and other long-regulated items, but I think that misses the forest for the trees.

If the Court does, in future cases, cement a “common use” test, that takes such questions out of the hands of judges and lawmakers and puts it squarely in the hands of the American people. You have some subjectivity in determining what does or does not constitute “in common use,” but if it’s interpreted correctly, I think in terms of magazines, it would get you to at least twenty round magazines being protected arms, and a more honest assessment ought to protect thirty round magazines as well. In terms of other arms, I likewise think it offers broad protections, without putting things like rocket launchers, MANPADs, or anti-tank missiles on the table, which federal judges, lawmakers, or the American people, are just never going to accept.

I’ve said before, we lost the machine gun argument in the 1930s. That was the time to have a fight over machine guns and it didn’t happen. I agree that for machine guns, common use is a circular argument, since they are not in common use because of the restrictions. I’d like to own a few myself if they eased the restrictions. But I think we’re beyond arguing for legal protections for machine guns, and the goal now needs to be getting serious and broad protections for everything else.

Bill to Defy Federal Gun Control Introduced in Pennsylvania

I’m glad Pennsylvania is joining the list of states poised to defy any new draconian federal gun control. You can see the bill here. I absolutely support this bill moving forward in the event we actually get some horrid law out of Washington, but I would caution until it looks like we’re going to get something out of Washington, it’s probably best if we keep this one on the back burner. The message has been sent, but we need to be prepared to push this to the hilt if something passes in D.C.

What Gun Owners Can Learn from Tea Party Activists

I think one of the most relevant lessons for gun owners from tea party efforts to fight Obamacare is that we need to be everywhere. Lawmakers and their staffers shouldn’t be able to go one single day without hearing from at least a handful of Second Amendment supporters. I realize that Obamacare ultimately passed, but not without considerable political losses. That’s not something the Democrats can afford to take again in 2014, and they know it. Obama might not know it, but the other members of his party know it.

Regardless, it’s heartening to hear stories about lawmakers being swarmed by pro-Second Amendment questions at their town hall meetings.

U.S. Rep. Charles W. Dent got a double-barrelled reception on his first visit to Hamburg, where he was peppered with questions on gun control during a town hall meeting Wednesday.

“How are you going to vote on the gun control bill?” a woman demanded. …

The audience, primarily senior citizens, took aim at President Barack Obama’s call for a ban on assault-style weapons, characterizing the president as a dictator intent upon disarming the American public.

“Are you going along with legislation that violates my God-given right to bear arms?” asked James Bewley of Windsor Township. “I believe the federal government is overstepping its bounds.”

Keep it up.

Civil Rights Victory in Hawaii

Hawaii gunnies mobilized and defeated a bill early out of the gate. This is particularly impressive in Hawaii, given that many gun owners reside on the Big Island, and a trip to the State Capital involves plane fare. I’m glad to hear this, because Hawaii’s shooting culture felt a lot more to me like Maryland than New Jersey or New York.