Archive for the 'Second Amendment' Category



Councilman Alan Schulman’s Anti-Gun Rant

BY Herschel Smith
13 years, 6 months ago

Remember the Canton, Ohio, police officer who went berserk over a concealed carry issue, threatening to “blast” a guy “in the mouth” and caving in his “Goddamn head?”  Remember the background?  Bigmouth police officer (Daniel Harless) wouldn’t allow the citizen to get the words out that he had a concealed carry weapon.

Well, the president of the Canton city council recently went on a rant over concealed carry.  Listen below.

Oh my.  Guns.  In high crime areas.  Sounds like a recipe for disaster as Councilman Schulman says.  We can’t have armed citizens running around in high crime areas.  To be sure, Councilman Schulman supports hunters, but that idea of an armed population (you know, as found in the constitution) is to blame for the danger we face.  Guns cannot possibly help any of us to be safer.

I’ll give the Councilman one thing though.  He has a special dislike for Rugers at 0130 hours.  Okay, I’ll compromise.  I promise to never carry a Ruger at 0130 hours.  I’ll carry something else if I happen to be out at that time (not likely), but it’ll never be a Ruger.  Maybe that will help assuage the Councilman’s anger over this.

Gunrunner Investigation Points Much Higher Than ATF Director

BY Herschel Smith
13 years, 7 months ago

The Daily Caller quotes a staffer for Congressman Darrell Issa as saying that the Gunrunner investigation points much higher than acting director Kenneth Melson.

Even if Melson resigns, Issa spokesman Frederick Hill said the Committee expects to find much more and continue with investigations. “The investigations are far from over,” Hill told TheDC. “It’s quite certain that Kenneth Melson was not the principal architect of this plan nor was he the only high-ranking official who knew about and authorized this operation.”

As I have pointed out before, their own documents say that the White House knew about the strategy.  So this goes higher than even the Department of’ Justice.  That’s why it isn’t for Kenneth Melson simply to resign.  A special prosecutor is needed to get to the bottom (and top) of this crime.  There is apparently pushback from Melson, who believes he has done nothing wrong.  But it isn’t okay for the ATF to violate the National Firearms Act or the Arms Export Control Act if I must live within its stipulations.

And while we’re focused on this issue, the unrepentent Obama administration is busy going from bad to worse.  Andrew Traver, Obama’s pick to head the ATF, is scheduled to meet with Justice this week.  The NRA strongly opposes the appointment of Traver, and for good reason.  He is associated with the leftist Joyce Foundation’s Study, Taking a Stand: Reducing Gun Violence in our Communities.  Among other ridiculous things, they advocated that the Centers for Disease Control take a role in the regulation of the firearms industry.

This administration sees this as an opportunity to slip in their man at the ATF, and it’s time to gear up for the next anti-firearms battle that Obama wants to wage.

UPDATE #1: The NYT has done their expected puff piece shilling for Senator Feinstein, et. al.

If Congressional Republicans are really intent on getting to the bottom of an ill-conceived sting operation along the border by the Bureau of Alcohol, Tobacco, Firearms and Explosives, they should call President Felipe Calderón of Mexico as an expert witness.

Mr. Calderón has the data showing that the tens of thousands of weapons seized from the Mexican drug cartels in the last four years mostly came from the United States. Three out of five of those guns were battlefield weapons that were outlawed here until the assault weapons ban was allowed to lapse in 2004. To help him stop the bloody mayhem, he is pleading with Washington to re-enact the ban and impose other needed controls.

Such horrible analysis work!  They are propagating the 90% myth, just as did the St. Petersburg Times.  And just like Bono.  That’s what happens when opinion gets in the way of facts.  But at least the NYT has more people on staff than Bono to cipher the data, and so while Bono might be just responding emotionally, the NYT is showing how shoddy and lazy they have become in their analysis.

Prior:

Replacing Kenneth Melson At ATF Is Not Enough

The Deepening Project Gunrunner Scandal

Senators Feinstein, Schumer and Whitehouse on Halting U.S. Firearms Trafficking to Mexico

Project Gunrunner: White House and DoJ Knowledge and Oversight

Replacing Kenneth Melson At ATF Is Not Enough

BY Herschel Smith
13 years, 7 months ago

According to the WSJ, acting director Kenneth Melson’s head may be on the chopping block over the AFT gunrunner scandal.

The Justice Department is expected to oust the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives, according to people familiar with the matter, amid a troubled federal antitrafficking operation that has grown into the agency’s biggest scandal in nearly two decades.

Moves toward the replacement of Kenneth Melson, acting ATF director since April 2009, could begin next week, although the precise sequence of events remains to be decided, these people said.

The shakeup shows the extent of the political damage caused by the gun-trafficking operation called Fast and Furious, which used tactics that allowed suspected smugglers to buy large numbers of firearms. Growing controversy over the program has paralyzed a long-beleaguered agency buffeted by partisan battles. The ATF has been without a Senate-confirmed director since 2006, with both the Bush and Obama administrations unable to overcome opposition from gun-rights groups to win approval of nominees.

In November, President Barack Obama nominated Andrew Traver, the head of the ATF’s Chicago office, as permanent ATF director. The nomination stalled in the Senate after the National Rifle Association said Mr. Traver had a “demonstrated hostility” to the rights of gun owners.

Mr. Traver is set to travel to Washington on Tuesday to meet with Attorney General Eric Holder and Deputy Attorney General James Cole, the people said. The administration is weighing whether to name Mr. Traver as acting director or choose another interim chief while awaiting Senate action on his nomination, they said.

The administration is attempting to handle three issues with one move.  First, the Obama administration is attempting to salvage what it can from the horribly failed project gunrunner and throw out a sacrificial lamb to the Congress.  We all know this.  Second, they are attempting to conduct another battlefield ruse.  This is merely a flanking action designed to help stop the Congressional frontal assault on the administration and justice department.  The WSJ article quotes Jim Carney again denying that Mr. Obama knew anything about the project.  But there is indication that there was understanding and approval not only from the justice department but also from the White House.  How high does the knowledge go?  Who knew about this in the White House, and when did s/he know it?  A special prosecutor is needed to flesh out these details.  It simply isn’t acceptable to throw Kenneth Melson under the bus and walk away from this.  Accountability must start at the very top and go to the very bottom of the chain of command on this.

Third – and perhaps more significant than any of these goals – the administration sees this as a timely opportunity to slip in Andrew Traver to the ATF.  Andrew Traver’s views are extreme, and he even wants the Centers for Disease Control to have oversight of the firearms industry.  If the administration cannot get what they wanted out of gunrunner, they intend to install someone else even more anti-firearm than Melson at the head of ATF.  Not only is there no repentance for sins committed, there isn’t even the hint of an attempt to change.  Several dead ATF agents and Mexican authorities, Melson thrown under the bus, a Congressional investigation, international embarrassment, and firearms flooding Mexico from this whole ugly affair – they are all just a few “broken eggs” for real change this administration intends to bring.

Prior:

The Deepening Project Gunrunner Scandal

Senators Feinstein, Schumer and Whitehouse on Halting U.S. Firearms Trafficking to Mexico

Project Gunrunner: White House and DoJ Knowledge and Oversight

Senators Feinstein, Schumer and Whitehouse on Halting U.S. Firearms Trafficking to Mexico

BY Herschel Smith
13 years, 7 months ago

Background

We all know about Project Gunrunner, as it is formally called by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).  We also know about the scandal it has been and is steadily becoming, with Congressional hearings pending and the bureau still stonewalling and using delaying tactics over Congressional inquiries.  We don’t know yet what will come of the hearings, but the BATFE and administration support troops have tipped their hand concerning their strategy.

Senators Dianne Feinstein, Charles Schumer and Sheldon Whitehouse have issued a report entitled Halting U.S. Firearms Trafficking to Mexico.  Within a few days of releasing this study, The Washington Post and CNN parroted the talking points in respective articles.  The study itself is as remarkable for the misrepresentation of the facts concerning firearms trafficking to Mexico as it is for its recommendations for statutory remedies.

Analysis & Commentary

Before discussing the Feinstein recommendations it’s necessary to rehearse the demolition that Scott Stewart at STRATFOR performed of the myth that 90% of the weapons seized in Mexico were of American origin.

For several years now, STRATFOR has been closely watching developments in Mexico that relate to what we consider the three wars being waged there. Those three wars are the war between the various drug cartels, the war between the government and the cartels, and the war being waged against citizens and businesses by criminals.

In addition to watching tactical developments of the cartel wars on the ground and studying the dynamics of the conflict among the various warring factions, we have also been paying close attention to the ways that both the Mexican and U.S. governments have reacted to these developments. Perhaps one of the most interesting aspects to watch has been the way in which the Mexican government has tried to deflect responsibility for the cartel wars away from itself and onto the United States. According to the Mexican government, the cartel wars are not a result of corruption in Mexico or of economic and societal dynamics that leave many Mexicans marginalized and desperate to find a way to make a living. Instead, the cartel wars are due to the insatiable American appetite for narcotics and the endless stream of guns that flows from the United States into Mexico and that results in Mexican violence.

Interestingly, the part of this argument pertaining to guns has been adopted by many politicians and government officials in the United States in recent years. It has now become quite common to hear U.S. officials confidently assert that 90 percent of the weapons used by the Mexican drug cartels come from the United States. However, a close examination of the dynamics of the cartel wars in Mexico — and of how the oft-echoed 90 percent number was reached — clearly demonstrates that the number is more political rhetoric than empirical fact.

As we discussed in a previous analysis, the 90 percent number was derived from a June 2009 U.S. Government Accountability Office (GAO) report to Congress on U.S. efforts to combat arms trafficking to Mexico (see external link).

According to the GAO report, some 30,000 firearms were seized from criminals by Mexican authorities in 2008. Of these 30,000 firearms, information pertaining to 7,200 of them (24 percent) was submitted to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for tracing. Of these 7,200 guns, only about 4,000 could be traced by the ATF, and of these 4,000, some 3,480 (87 percent) were shown to have come from the United States.

This means that the 87 percent figure relates to the number of weapons submitted by the Mexican government to the ATF that could be successfully traced and not from the total number of weapons seized by Mexican authorities or even from the total number of weapons submitted to the ATF for tracing. In fact, the 3,480 guns positively traced to the United States equals less than 12 percent of the total arms seized in Mexico in 2008 and less than 48 percent of all those submitted by the Mexican government to the ATF for tracing. This means that almost 90 percent of the guns seized in Mexico in 2008 were not traced back to the United States.

The most recent data that Feinstein cites, given to her by the BATFE, makes the same observation of the data, and that, by acting director Kenneth Melson.

There are no United States Government sources that maintain any record of the total number of criminal firearms seized in Mexico.  ATF reports relate only to firearms recovered in Mexico that were subsequently traced by ATF based upon firearms identifiers submitted to ATF by the Mexican government.  The Mexican government does not submit every recorded firearm to ATF for tracing …

Which point therefore makes the conclusions one can draw from the data very limited.  But that’s not how the Feinstein report paints the picture.  Right in the background statement, we read that “In a June 2009 report, the Government Accountability Office stated that around 87% of firearms seized by Mexican authorities and traced over the previous five years originated in the United States.”  The Washington Post was quick to pick up on the deconstructed meme, saying that “Of the 29,284 firearms recovered by authorities in Mexico in 2009 and 2010, 20,504 came from the United States, according to figures provided to the senators by the Bureau of Alcohol, Tobacco, Firearms and Explosives.”  This is clearly not factually correct, as many more firearms were seized by the Mexican authorities than 29,284.

In testimony to the dictum that if you repeat a lie enough times it will eventually be taken as truth, the 90% myth is now mainstream, and I have called out The St. Petersburg Times for relying on the myth for their editorials (with no response).  Senators Feinstein, Schumer and Whitehouse must be relying on the same dictum, because their wish list of increased firearms control measures is so expansive and draconian that it seems ridiculous to have connected all of this to a single effort.  The senators recommend:

  1. Closing the so-called gun show loophole in the laws.
  2. Redoubling efforts to enforce an import ban on weapons that fall into the category of military style weapons (e.g., with features such as pistol grip, forend grip, rails for tactical lights, high capacity magazines, etc.).  I have previously covered and commented on this ATF effort for shotguns.
  3. Reinstating the assault weapons ban.
  4. Multiple sales reporting to the federal government.
  5. Ratification of the The Inter-American Convention Against the Illicit Manufacturing of and Trafficking of Firearms, Ammunition, Explosives and Other Related Materials (CIFTA).

And the justification for all of this?  Earlier in the report, Feinstein and staff discuss the laudable job that the ATF did with project gunrunner, but lament the fact that it alone cannot curb the trafficking of firearms to Mexico.

And now the loyal troops tip their hands.  To be sure, for a progressive, any increase in the power of government is a good thing.  All societal problems stem from a lack of regulation and oversight, all evil has its solution in more laws.  So the senators (and the administration) want what they can get out of this effort, if anything.  But something in the wind is foul.

With the coming Congressional investigations of project gunrunner and the illegality and inappropriateness of such a program, the administration and its troops see vulnerability.  Senators Feinstein, Schumer and Whitehouse are snipers picking at the advancing Congressional column with enfilade fire.  This effort is likely a decoy, a hastily designed effort to squeeze what they can from the failed gunrunner project, protect their flanks and split the advancing column.

Second amendment advocates must be diligent, and Senator Feinstein’s efforts should be monitored, analyzed and opposed.  But the real purpose of this report and its recommendations is to be a battlefield ruse.  With its lack of substantiation of the data, the lack of a basis for the recommendations, and the lack of analysis of the information, it’s as much of an admission of vulnerability and culpability as it is a last gasp effort to deny second amendment rights to American citizens.

Prior:

Project Gunrunner: White House and DoJ Knowledge and Oversight

Analysis of ATF Study on the Importability of Certain Shotguns

Legislation on High Capacity Magazines

Cost Cutting Ideas for the Federal Government

Concerning the NRA Position on the Rand Paul Gun Amendment

BY Herschel Smith
13 years, 8 months ago

In what is uncustomary for an opinion and analysis journal like this one, I’m going to come out and flatly say that I don’t fully understand what’s going on behind the scenes.  Mitch McConnel (and other GOP senators) came out against Rand Paul’s amendment to the patriot act renewal.

Adding further confusion for me, the NRA weighed in against the amendment as well.  But expecting a clear outline of the reasoning process behind the NRA’s disagreement, I am treated to this bit of subterfuge.

As often happens with complex issues, NRA’s position on Sen. Rand Paul’s defeated PATRIOT Act amendment is being mis-reported by those who either don’t understand the facts, or prefer their own version of “facts.”

This amendment was rejected by 85 Senators, which included many of the strongest Second Amendment supporters in the U.S. Senate.  Unfortunately, Senator Paul chose not to approach us on this issue before moving ahead. His amendment, which only received 10 votes, was poorly drafted and could have resulted in more problems for gun owners than it attempted to fix. For this reason, the NRA did not take a position on the amendment.

To be more specific about the amendment and its problems, the amendment would have prohibited use of PATRIOT Act legal authority for any “investigation or procurement of firearms records which is not authorized under [the Gun Control Act].” There have been no reports of the current PATRIOT Act being abused with respect to firearms records, however supporters suggested a far-fetched scenario in which every firearms sales record in the country–tens or hundreds of millions of documents dating back to 1968–could be sought.  Again, we nor anyone else is aware of any case in which this authority has been used to abuse gun owners.  (In fact, published reports indicate that few of these orders are ever sought for any reason.)

In particular, the amendment appeared to be aimed at so-called “section 215 letters”–orders from the FBI requiring the disclosure of “tangible things” such as records and documents.

Under the current PATRIOT Act, an application for this type of order with respect to firearms sales records has to be approved no lower than the director or deputy director of the FBI, or the Executive Assistant Director for National Security.  The application is made to a federal judge based on “a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation … to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.”  The judge has the power to modify the order and must direct the use of “minimization procedures” to protect the privacy of Americans.

If the Paul amendment were adopted, the FBI would have used other ways to access whatever firearms records it might need for intelligence or anti-terrorism investigations. This is especially troublesome for gun owners.

This would result in United States Attorneys simply demanding the same records through grand jury subpoenas, which require no judicial approval before issuance. Fighting a subpoena after the fact can be very costly and carries legal risks of its own, including possible charges for obstruction of justice.

Even worse, the government would have used the Gun Control Act’s provision that allows the Attorney General to “inspect or examine the inventory and records of [a licensee] without … reasonable cause or warrant” during a criminal investigation.  That means by simply characterizing its activities as a “criminal investigation,” it would enter a licensee’s premises and demand these records without “reasonable cause or warrant”–in other words, without judicial oversight of any kind, and without any of the procedural limits imposed by the PATRIOT Act.

Therefore, given all of these potential problems for gun owners, the NRA could not support this poorly drafted amendment.

What?  Come again?  Can someone please try to remove the confusion and contradictions in Chris Cox’s statement for me?  This makes no sense to me.  I’m left to concur with Sean at SayUncle.  “I’m scratching my head on a few points. Can someone give a high level play-by-play on this?”

What did Paul’s amendment do?  Why did Mitch McConnell disagree with it?  Why did the NRA demur?  Were the reasons compelling and persuasive?

New Federal Legislation on Mental Ineligibility from Firearms Ownership

BY Herschel Smith
13 years, 8 months ago

From Jeff Winkler at The Daily Caller:

Recently introduced federal gun legislation would codify and greatly expand the definition of those barred from owning a gun because they suffer from broad, umbrella-like definitions of mental health problems. Mental health advocates, however, say legislators reacting to “deranged” people going on shooting sprees are “completely missing the point.”

Last week, New York Democratic Rep. Carolyn McCarthy introduced the Fix Gun Checks Act of 2011, a nearly-identical resolution to that introduced in the Senate in March by her New York colleague, Democratic Sen. Chuck Schumer. Both bills include a section dedicated to further codifying in federal law what it means to be “adjudicated as a mental defective.” The proposed change would label any person a “mental health defective” who appears to “lack the mental capacity to contract or manage his own affairs,” or is “compelled” to receive counseling or medication.

Other, seemingly more obvious, definitions of a “mental health defective” include anyone who has been found criminally insane, found incompetent to stand trial or found not guilty by reason of mental deficiencies.

According to the legislation, decisions of whether someone is of subnormal intelligence, competency and/or mental illness are to be decided by a “court, board, commission, or other lawful authority.” No medical qualifications or background in psychological sciences are specified as necessary for such lawful authorities.

A court, board, commission or lawful authority.  Right.  And as for people who have been on anxiety medication?  Or perhaps people who were diagnosed as ADHD who had been on ritalin at one time?  How about people who went to their pastor for marriage counseling?

I’ve said it before.  It’s ironic how illiberal some liberals can be.  There is actually nothing about so-called liberals that is liberal.  They are all statists and control freaks.  I have never met one who doubts that the state doesn’t have an answer for everything.  It can right every wrong, compensate every injustice, and prevent every evil.  A new law is apparently the answer for crimes with weapons, administered, adjudicated, supervised and applied, of course, by the man.  You know, that man that liberals say they hate so much?

Analysis of ATF Study on the Importability of Certain Shotguns

BY Herschel Smith
13 years, 9 months ago

In January of 2011 the Bureau of Alcohol, Tobacco, Firearms and Explosives authored what they call the Study on the Importability of Certain Shotguns.  The comment period ends on May 1, 2011, and my comments have been submitted to the pertinent e-mail address with name, address and other contact information.  My comments are herewith submitted to my readers.

It really is a sad state of affairs at the ATF.  With salient and pressing scandals that deserve attention (along with a need for a thorough house-cleaning and full disclosure by the ATF), lawyers and analysts have been focusing exquisite detail on the features that should be [dis]allowed on importable shotguns.

The ATF is working within the context of the decisions on the ban on assault rifles, a ban that had sunset provisions which are no longer applicable.  Features such as a pistol grip, a forend grip, a rail system for things such as tactical lights (light enhancing devices), high capacity detachable magazines, etc., are deemed to be associated with military style weapons and as such (in the determination of the ATF study team) are not “readily adaptable for sporting purposes.”

But this judgment is arbitrary, and I charge the ATF with circular reasoning.  Rather than appeal to facts which demonstrate whether a specific feature is adaptable for sporting purposes, the ATF study team apparently without reservation gives us the purpose around which their judgments are made, i.e., ensuring that the statutes codified in the Gun Control Act of 1968 remain useful.  As I observe in one comment:

On page 4 the following statements are made: “The 1989 study then examined the scope of “sporting purposes” as used in the statute. The study noted that “[t]he broadest possible interpretation could take in virtually any lawful activity or competition which any person or groups of persons might undertake. Under this interpretation, any rifle could meet the “sporting purposes” test. The 1989 study concluded that a broad interpretation would render the statute useless.”

Wrapped up in this paragraph we have not only an amusing logical blunder but also the real crux of the problem. Authors have presupposed the answer (so-called circular reasoning) at which they must arrive, i.e., the statute must remain useful. Thus, all interpretations by ATF are biased to yield that result. It is not the responsibility of the ATF nor is it within the purview of their authority to ensure the continued usefulness of a statute, if in fact it is rendered useless by advances, common practices, evolution in sporting, or lack of wise crafting of the statute (such as the fact that nowhere in this discussion of “sporting purposes” is there any latitude given for personal protection and home defense under the second amendment to the constitution of the United States). This single paragraph renders the study itself as useless as the statute has become.

As to the issue of the usefulness of military style features on weapons, I remark:

Ask any skeet shooter if s/he enjoys stopping every five shells and the answer makes for easy dismissal of authors’ objections to these features on firearms. Another example might be feral hog hunting, which usually occurs at night since these are nocturnal creatures. Feral hogs are destroying the American landscape, causing many farmers in the American South to go out of business, attacking household pets and even humans.  According to NFS and game control experts, they are multiplying more quickly than can be accommodated by lethal removal. Not only is feral hog hunting a sport involving guides and businesses specifically for that purpose, it may be necessary for lethal removal to be increased by an order of magnitude to save the American farmer.  Nocturnal hunting requires enhanced or tactical lights on Picatinny or Weaver rail systems, and hunting feral hogs might require high capacity magazines. Finally, note that some shooters have medical problems such as arthritis. Pistol and forend grips used for any sport and with any weapon can not only make the weapon less painful to use, it can make the difference between whether the shooter can engage in the sport at all. So with three examples (skeet shooting, feral hog hunting and medical problems) it has been demonstrated that the list of firearms features supplied by authors as not adaptable for sporting make the firearms more adaptable for sporting, and it is the proposed ATF regulations that are directly contrary to the practice of sporting. Many more such examples could be supplied.

I conclude the comments with this summary:

In general I find that the study [a] appeals to authority without citation of those authorities, [b] engages in circular reasoning in that conclusions are fixed at the outcome of the discussion (i.e., ensuring the continued usefulness of a particular statute), [c] is dated and out of touch with current practice, [d] ignores legitimate uses of certain weapon features for various sporting functions and activities, [e] fabricates arbitrary categories, [f] makes what can be demonstrated to be material false assertions. As such, this study cannot be used for promulgating regulation without damage being done to the constitutional rights of citizens of the United States.

Regardless of the disposition of this particular set of proposed regulations, this action by the ATF is yet another warning shot.  The ATF is working very hard to ensure that purchasing and using weapons – legally – is as hard as possible.  And yet the bureau might just take an even harder turn to the left.  If we learn nothing else through this study and related efforts, we learn that the Obama administration is no friend to second amendment rights.

Herschel Smith Comments on_ATF_Study on the Importability of Certain Shotguns

UPDATE: Thanks to Glenn Reynolds for the link.

Concealed and Open Carry on College Campuses

BY Herschel Smith
13 years, 9 months ago

Texas isn’t doing so well on the campus concealed carry front, with the proposed legislation stalled after two democrats pulled their support.  But Arizona is doing better with legislation having passed that allows legal carry on campuses, and the legislation awaits the Governor’s signature.  Amusingly, note the hand-wringing in the Boston Globe.

The Arizona legislature passed a measure yesterday hat (sic) would force colleges and universities in the state to allow properly-licensed students and staff to carry firearms — concealed or in open view — while walking or driving through campus. If signed by Governor Janice Brewer, a supporter of gun-owner rights, Arizona will join Utah in redefining the notion of marksmanship on campus. It is no longer just about grades.

As compromise to opponents in the state senate, the Arizona bill was strategically narrowed from an earlier version that would also have permitted concealed firearms in dorms, classrooms and other campus buildings. Meanwhile, lawmakers in the similarly gun-lovin’ state of Texas are continuing to deliberate on such a broad proposal.

The shifting tide in at least one corner of America is a victory for Students for Concealed Carry, a national organization formed after the 2007 Virginia Tech massacre. But many faculty see it as as (sic) the makings of a hostile workplace. How comfortable would instructors be in handing out poor grades to students who may be packing heat? No wonder that the faculties at all three state universities in Arizona overwhelmingly voiced opposition to the guns-on-campus bill. Apparently, their voice of reason and concern was trumped by those calling for unrestricted gun rights.

Notwithstanding debate over the scope of the Second Amendment, it is important to consider the risks and benefits of permitting an armed campus. Although the interest of some in feeling protected against an armed assailant is clearly understandable, the likelihood of such incidents is remarkably remote.

On average, fewer than 20 homicides occur annually on college campuses around he country. Without minimizing the gravity of any loss of life, this annual victim count of is out of the tens of millions who study or work at institutions of higher education. Those who seek to enhance the safety and well-being of students would be better advised to advocate for increased resources for preventing binge drinking, drug overdoses as well as suicides, which together claim the lives of thousands of college students every year.

Given the low incidence of serious violence on campus and the high prevalence of substance abuse and depression among college students, it makes little sense to encourage gun carrying by anyone other than duly-sworn public safety personnel.

It is an unfortunate fact that college campuses are not violence-free. For that matter, few places are. Perhaps Arizonans who are so worried about personal safety that they would want to study with gun at hand should explore the risk-free alternative: an online degree from the University of Phoenix.

There are so many problems with this that it’s difficult to know where to start.  No one is calling for unrestricted gun rights.  Convicted felons still cannot have guns (I personally believe that it should be limited to felonies involving violent crime).  The sarcasm at the end of the piece is unbecoming of serious prose.  The author has limited his assessment to deaths, but ignored sexual crimes.  But possibly the most glaring error was noted by a commenter.

So if the likelihood is remarkably remote, what’s the risk?

Is it your claim that the likelihood is attenuated by law?

The paradox apparently doesn’t announce itself to the author of the post.  The risk is exceedingly small, but allowing concealed carry apparently increases the risk.  Note again.  The risk of injury, sexual assault and death is minimal with only the criminals carrying weapons, but if we allow law-abiding citizens who have sustained a background check, had their medical history examined for substance abuse and mental health problems (like I had to for a concealed carry permit application), and been through training on firearms safety to legally carry a firearm, the risk is exceedingly large.

How many professors really worry that students who are legally carrying will fire on them if they issue bad grades?  Really.  This isn’t rhetorical.  I’m interested to know if a professor really believes that someone who is legally carrying is a threat to their safety, and if so, why they aren’t themselves already carrying a weapon (because of the illegal carrying of weapons by criminals and the risk it poses)?

I Renewed My NRA Membership Today

BY Herschel Smith
13 years, 9 months ago

So I renewed my NRA membership today.  Regular readers know that I had struggled with this issue, and in fact had begun asking salient questions around four months ago.  Brave warriors of the NRA did yeoman’s work trying to defend the NRA’s unofficial endorsement of Harry Reid, but in the end there was no excuse worthy of the argument.  To have sold out the honorable reputation of the NRA for Harry Reid’s having thrown a few dollars at the Clark County Shooting Park while ignoring the fact that he gave us SCOTUS justices Elena Kagan and Sonia Sotomayor is petty and embarrassing.

So what changed my mind?  Well, there are good winds blowing, at least for the moment.

President Barack Obama’s op-ed column in the March 13 Arizona Daily Star invited all sides of the gun-control debate to a series of meetings in Washington.

Two problems: The President invited the NRA to the summits — which declined to attend — but neglected to extend invitations to other influential Second Amendment advocacy groups, such as the Second Amendment Foundation (SAF) and the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA).

CCRKBA Chairman Alan Gottlieb said it was odd that the CCRKBA, nor its sister organization, the SAF, were invited to the meetings — especially since it was the SAF’s Supreme Court challenged that resulted last summer’s McDonald v. City of Chicago ruling that solidified the Second Amendment’s protection of an individual civil right.

The NRA declined the invitation but responded to Obama’s op-ed with an open letter on March 15 by Executive Vice President Wayne LaPierre and Executive Director of the NRA Institute for Legal Action Chris Cox. The letter said Obama says one thing (i.e. the Second Amendment guarantees a person to bear arms) and acts another way (i.e. setting in place regulations restricting gun rights), and ripped his administration for being “under a cloud for allegedly encouraging violations of federal law.”

“We suggest that you bring an immediate stop to BATFE’s ‘Fast and Furious’ operation, in which an unknown number of illegal firearm transactions were detected – and then encouraged to fruition by your BATFE, which allegedly decided to let thousands of firearms ‘walk’ across the border and into the hands of murderous drug cartels,” the letter alleges. “One federal officer has recently been killed and no one can predict what mayhem will still ensue.  Despite the protests of gun dealers who wished to terminate these transactions, your Administration reportedly encouraged violations of federal firearms laws…”

Gottlieb, on the other hand, said he would love to speak with Obama during the meetings, which began on March 15 at the White House and will continue through the end of the month. He “would be eager to talk with the White House, especially about the ‘Project Gunrunner’ and ‘Fast and Furious’ scandals, where federal agents helped facilitate gun sales to suspected gunrunners,” he wrote in CCRKBA’s response to the President’s op-ed.

As Gun Rights Examiner David Codrea noted in his March 15 column on examiner.com, the ways the NRA, SAF, and CCRKBA — and other Second Amendment advocacy groups — reacted demonstrates “that the ‘gun lobby’ is not the monolith the media often portrays it to be.”

But Blogosphere Buzz Examiner Bill Belew in his March 16 column asks if the NRA, SAF, and CCRKBA aren’t going to the President’s gun summits, what pro-Second Amendment groups are?

Analysis & Commentary

This is a strong statement by the NRA against Obama’s “summit,” and Chris Cox made an equally strong statement against the proposed recapitulation of the ban on high capacity magazines.  In seventh grade I had a teacher who posed the following dilemma to us.  Six of us are on a life boat, and there is no hope of immediate rescue.  Five can be kept alive if they vote and decide on who gets to be the one who is killed as food for others.  Then there were five who were starving, and the five turned into four, and so on.  You get the picture.

All manner of compromise, argumentation and judgment of worth occurred over the next hour.  When it came my turn to talk (after I was called upon), I refused to play and said that “It’s the devil’s game, and I won’t play the devil’s game.  God is sovereign, and if He decides that today is a good day for me to die, then I die.  There are worse things than dying, such as dying and then facing your maker having just been guilty of murder.  So I won’t play your dumb-ass game.”

It was a hard year for me, and the teacher and I had many run-ins, but I didn’t compromise.  Compromise is usually thought of in today’s culture, with it’s lack of moral foundation, as the “art of politics,” or some such inanity. Rather than being artful, it’s what gave us the massive debt our country now faces.  Compromise gave us a country addicted to social programs and redistribution of wealth, and compromise gave us an out-of-control ATF (who also wants to ban the import of things such as Saiga shotguns, something I’ll be weighing in on shortly).

But compromise is the devil’s game, and he wants more than anything for us to play it.  Compromise is even more effective than a frontal assault, because it masks true intentions and buries real circumstances in a subterfuge of details, codes, argument and hand-shaking.

Wayne LaPierre held strong on Obama’s compromise summit, and since there is no reason to trust that Obama wants anything more than to solicit the NRA’s support on stricter gun control and thus undermine any objections to his nefarious plans, there was no reason to go at all.

But what about Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms?  The NRA is the most powerful lobby on earth, and there is no reason that it should kowtow to anyone who is aiming for the dissolution of gun ownership rights.  The temptation is always there, but the NRA shouldn’t succumb to it.  Similarly, it’s a dastardly road, this quest to be important, significant or big.

I understand the desire of the SAF and the CCRKBA to be involved and even invoked when firearms rights are discussed.  But when the desire for significance overwhelms good judgment and causes a pro-second amendment foundation to want to meet with an enemy of the second amendment, that foundation has lost its focus as much as the foundation that stands firm now against Obama but abdicates its responsibilities later when enough money is floated, or in other words, when Harry Reid starts another shooting park to get the NRA endorsement.  I love my RRA Elite Car A4 and my Springfield Armory XDm .45, and I use them for personal and family defense (and recently put 400 rounds down range to practice for the day I hope will never come).  But I’ll find another place to shoot rather than take a handout from someone who eventually wants to take the guns away.  It’s called having values.

Compromise is the devil’s game.  It’s for people who have no values.  I have renewed by NRA membership for another year, and I’ll be watching them to see if we have any more compromises.  I can always terminate my membership in a year.

UPDATE: Thanks to Glenn Reynolds for the link!

Philadelphia G.I. Cop Deranged Over Open Carry

BY Herschel Smith
13 years, 10 months ago

Here is the backdrop.  The Philadelphia police spy someone legally engaged in open carry, accost the citizen, and later find out they are being recorded (it’s too bad that we have no video, this is audio only).

Can someone tell me why this is okay?  I don’t see any reason for this being acceptable behavior for any police officer, anywhere.  It’s not acceptable for an officer not to know the constitution, it’s not acceptable for a police officer not to be cognizant of his own department’s policies, and it’s not ever acceptable for a police officer to verbally abuse someone.

Or perhaps Philadelphia wants to be known as “The city of brotherly get the fuck on your knees and shut the fuck up,” especially if you aren’t one of the few in a city of around 1.5 million people who are personally known by a police officer?


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