March 23, 2004
Worth the Wait
After only 403 days, I finally got my piece. They gave me visitation rights during the 10-day waiting period, so tonight was actually the second time I got to shoot it. These pics are from the first time, which was last Thursday.
The first photo is the perfect one for the barking moonbats who think we've already taken out Osama bin Laden, and are just keeping a lid on things until October. For all you conspiracy nuts, here's your smoking gun:
Continue reading "Worth the Wait"
Touching, ain't it? Here's one more pic, this time with just the three of us:
UPDATE: Tiffany Stone has links to more bloggers and their babies. Apparently, the tendency to blog about one's babies spans the political spectrum, ranging from liberal to conservative, and from indepedent to Xrlq.
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March 16, 2004
State Department Misses Another Target
Eugene Volokh recently
fact-checked the U.S. State Department on the
Second Amendment. As a result, the page is currently
"under review." In addition to the many errors Eugene identified, here's another:
The Meaning of "The People": Does the phrase "the people" in the Second Amendment have the same meaning as it does elsewhere, for example, in the First Amendment's "right of the people to peaceably assemble"? If it does, the argument goes, then "the people" have a right to own a gun as much as they have the Fourth Amendment right to be secure in their homes and persons.
The answer to this argument is that the courts have consistently said that the Second Amendment is different, and that the phrase has a different meaning.
The real answer is, once again the U.S. State Department failed to do its homework.
Continue reading "State Department Misses Another Target"
In United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1990), a Fourth Amendment case, the U.S. Supreme Court observed the following:
Contrary to the suggestion of amici curiae that the Framers used this phrase "simply to avoid [an] awkward rhetorical redundancy," [citation omitted], "the people" seems to have been a term of art employed in select parts of the Constitution. The Preamble declares that the Constitution is ordained and established by "the people of the United States." The Second Amendment protects "the right of the people to keep and bear Arms," and the Ninth and Tenth Amendments provide that certain rights and powers are retained by and reserved to "the people." See also U.S. Const., Amdt. 1 ("Congress shall make no law . . . abridging . . . the right of the people peaceably to assemble") (emphasis added); Art. I, 2, cl. 1 ("The House of Representatives shall be composed of Members chosen every second Year by the people of the several States") (emphasis added). While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community. See United States ex rel. Turner v. Williams, 194 U.S. 279, 292 (1904).
The majority opinion, which included the above passage, was written by Justice Rehnquist. Justices Kennedy and Stevens each wrote separate opinions concurring in the judgment, while Justices Brennan and Blackmun each wrote separately to dissent (Justice Marshall also signed Justice Brennan's dissenting opinion). Not one of these four opinions challenged the basic principle that "the people" protected by the Second Amendment were different from "the people" protected by the Fourth.
UPDATE: Eugene has an update, which identifies this error and two more, as well.
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March 14, 2004
California's Waiting Period on Handguns
Popular myth has it that California has a 10 day waiting period on handguns. That's sometimes true. In my case, though, that estimate was off by about 393 days. As I mentioned to some of my fellow Bearflaggers over brunch yesterday, I put down my deposit on a Smith and Wesson 500 way back on
September 20, 2003, only to be told on Friday, March 12, 2004, that my gun had
finally arrived. That doesn't mean I actually got the gun, of course; it just means that I finally got to complete the paperwork, pay off the balance, and finally begin the official 10 day waiting period. Relying on the period of September 20 of last year through March 22 of this year, I concluded that California really had a
200 184 day waiting period on handguns.
Upon further reflection, however, I have concluded that I was too generous. After all, S&W; didn't just come out with the gun last September. I don't remember the precise release date, but I do know the gun has been officially released since at least February 13 of last year. It was California's idiotic "junk" gun law - which presumes all new models to be junk until they have been through almost a year's worth of red tape - that kept it off the California market until late summer. Thus, based on the number of days elapsed between February 13, 2003 (the first day I was ready, willing and able to buy it) and March 22, 2004 (the day I expect to actually receive it), I estimate that California's real waiting period on handguns - the cool ones, at least - is 403 days.
The good news is that after all this time, I'll still be the first on my block to own one. Probably.
UPDATE: Spoons (assuming he kept his name) declares my choice in firearms "cute." Ouch.
February 09, 2004
Silly Billy Off Target Again
Don't know how I missed this one. Via
Say Uncle and
Kim du Toit comes the latest on the "assault" rifles
seized from On Target, the Laguna Hills, CA gun store and range where I shoot, by "Attorney" General Bill Lockyer and his minions at the Department of "Justice" last November. At the time, I ended my blog entry by noting that:
Then again, now that "Attorney" General Bill Lockyer is on the case, maybe these guys will be exonerated after all.
I was being sarcastic, of course, but apparently, I shouldn't have been. The latest news on the bust is that at least one of the types of "assault" rifle the D.O.J. seized from On Target
turned out not to be an "assault" rifle after all. Unfortunately, it took two months of pressure by the California Rifle and Pistol Association (state affiliate of the NRA) to impress this inconvenient fact on Silly Billy or his Keystone Kops. By then they had raided the homes of several innocent customers, stolen their non-assault rifles without compensation, and threatened to sue
them if they did not cooperate.
Reached for comment, "Attorney" General Lockyer had this to say of his department's error:
Oopsie! My bad.
And to think, I actually pay
three times as much for my little house in Lockyer-Land, as the du Toits pay for a much larger one in the United States. Blech.
February 07, 2004
Hale DeMar Update
Via
Say Uncle comes news that Hale DeMar
will not be prosecuted for allowing his FOID to expire. Assistant State's Attorney Steve Goeble had this to say about his decision to drop the charges:
He purchased a gun legally. It was registered. [Actually, it wasn't, but through no fault of Mr. DeMar's. With the exception of Chicago, guns aren't registered in Illinois. They register people, instead. - Ed.] What he failed to do was keep current [his FOID], and we chose not to prosecute this memory lapse. [To prosecute him] would violate the spirit of the law and be a narrow-minded approach.
DeMar is not completely out of the woods, as he still faces a $750 fine for violating Wilmette's unconstitutional handgun ordinance.
Continue reading "Hale DeMar Update"
Unfortunately, the Cook County D.A. can't do anything about that. Then again, by Mr. Goebel's logic, maybe they shouldn't. After all, while the spirit of the state FOID law may be to guns away from real criminals like Morio Billings, the spirit of Wilmette's wacky ordinance may not be. For all we know, the "spirit" of that ordinance could be to make homeowners into sitting ducks.
Mr. Uncle, who describes this development as "Cool - sorta," appears to be underwhelmed, given that Wilmette has not dropped the charges of its own. As a resident of Cook County, IL for three years, and of equally hoplophobic (and alcoholophobic, and anything-else-worth-doing-ophobic) Evanston for two, I disagree. The whole time I lived anywhere in that county, I was constantly looking over my shoulder. Even when I got out of Evanston, I had the sense that my gun was only "technically legal," not legal-legal, and that D.A.s would pounce on me the next time I forgot to dot some i or cross some t. And that is exactly the attitude that prevails in Evanston, Wilmette, Winnetka, Chicago, Oak Park and Moron Grove. But even though nothing could drag me back to that region, it's still comforting to know that normal people can lead semi-normal lives while residing in other parts of the Chicago area.
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January 27, 2004
Here's A Stella/Darwin Twofer
The estate of
burglar, would-be rapist and would-be murderer Dustin Wehde is suing Wehde's intended victim,
Tracey Roberts, for wrongful death over what seems to be a clear-cut case of self-defense. The
ACLU NRA Civil Rights Defense Fund has stepped up to the plate and given Ms. Roberts some much-needed assistance. More will likely be necessary, as an idiot judge recently refused to dismiss this frivolous case on demurrer.
If it wasn't bad enough having to defend herself in court against the estate of the would-be rapist/murderer who attacked her two years ago, Ms. Roberts has lost their dog, as well, which was recently poisoned by some local sicko who may or may not be connected with this case. May this scumbag meet with a fate similar to Wehde's, sooner rather than later.
Link via Uncle, who will soon be Uncle Dad.
January 26, 2004
My Letter to the Tribune
Anyone who's outraged by Wilmette, IL Police Chief George Carpenter's jihad against Hale DeMar (the innocent Wilmette homeowner who is being prosecuted for.... well, residing in Wilmette), should
tell the Chicago Tribune what they think. You won't convince anyone on their staff, of course, but you may get the letter printed. Anything that reminds Chicago residents of the bad publicity they're getting has to be good for something. I just sent them a letter myself, which I've reproduced below.
Continue reading "My Letter to the Tribune"
Editor:
Laws should exist to protect the law-abiding from the criminals, but apparently, Wilmette Police Chief George Carpenter thinks it's the other way around. California is hardly anyone's idea of an NRA paradise - for example, our state constitution does not provide for an individual right to bear arms - but nothing Hale De Mar did on December 29 would have gotten him in any trouble here. Once the gun was registered (automatically, at the the point of sale), that would have been it. No FOID, no local ordinances, nothing. In fact, the incident itself probably would not have happened, as Morio Billings's priors would given him 25-to-life under our tough "three strikes" law.
Given the fundamental philosophical differences between our respective states and the tremendous amount of negative publicity Mr. Carpenter has generated across the country, I'd like to propose a deal that can make everyone happy. Wilmette would drop all of its silly charges against DeMar on the sole condition that he move to California, where he'll get the hero's welcome that he so richly deserves. We'll have one more crime-fighting tool in our neighborhoods, and the politically hypercorrect Village of Wilmette will have one less vigilante out there threatening the safety of its cherished burglars. It's a win-win!
Sincerely,
Xrlq
Hide extended entry
Check on the Bias
Check out Alphecca's
weekly check on media bias and guns. It also has a nice round-up on some of thigns other pro-gun bloggers have posted of late. And no, I'm not just saying that because he was kind enough to include me among them. Well, partly, maybe.
January 22, 2004
Your Home Is Your Castle - Unless It's In Illinois
Via
Spoons and the
Angry Clam comes a
letter by Hale DeMar, explaining why he had the audacity to defend his family from a burglar last December. DeMar, you may recall, is the homeowner currently being persecuted by Wilmette Police Chief, and recent
'Hat of the Day, George Carpenter. Spoons notes that the letter contains some basic errors of law,
e.g., guns aren't "registered" in Illinois, and his "license" (FOID) expired in 1988. Nevertheless, it's worth a read.
Continue reading "Your Home Is Your Castle - Unless It's In Illinois"
Meanwhile, Officer Roger Ockrim of the Wilmette P.D. (tel. (847) 853-7555) has issued a smarmy press release urging residents to disarm themselves and let burglars have their way until/unless the police arrive. Repeating one of the Brady Campaign's favorite lies, the P.D's 'hat-in-chief is quoted as saying:
It would be unfortunate and potentially tragic to conclude from this incident that Wilmette families will be safer if they keep a handgun in their homes. The opposite is true. Wilmette families are in greater danger if they keep a handgun at home. The Wilmette Police experience is that a handgun in this community is far more likely to be
- Stolen, or
- Used in a domestic argument, or
- Used in a suicide attempt, or
- Accidentally discharged in the home
than it is to be used in self-defense. If a resident believes there is an intruder in their [sic] home late at night, choosing to use a handgun actually reduces your [sic] family's safety.
Of course, this smug press release cites to no actual studies purporting to compare the number of incidents in which guns in Wilmette are stolen, used in a domestic argument, used in a suicide attempt, accidentally discharged, or used successfully in self-defense. It's too bad the Wilmette P.D. won't share this "experience," along with a semi-coherent explanation as to why the (supposed) numbers are so far out of whack with those of the nation as a whole. One possible explanation is that Carpenter is simply making this crap up. Another is that he is simply parroting what he read in some talking points memo from Handgun Control, Inc. or one of its clones. A third is that he actually has looked at some statistic which compares crimes committed with guns to those prevented by guns used to
kill an intruder in self-defense, thereby systematically excluding roughly 99% of all successful defensive uses of guns (including, ironically, Mr. DeMar's).
Most defensive uses of guns don't involve a shot being fired at all. Where they do, the shot is usually not fatal to the burglar. This is to be expected because a law-abiding gun owner's objective is to neutralize the threat to himself and/or his family; it is not to "bag a burglar," as Wilmette's idiot police chief probably assumes. Another factor to consider in evaluating the Wilmette PD's (tiny, and probably statistically insgnificant) "experience" is the reality that the police department doesn't get the entire picture. Even in gun-friendly jurisdictions, crimes thwarted wtih guns are much less likely to be reported to the police than are those crimes that are successfully carried out. Expect such under-reporting to be much more acute in a city that prosecutes its residents even for acting in lawful self-defense.
Time to compare and contrast. Suppose the same events had occurred in California, as they do all the time. Suppose further that they occured in San Francisco, the only California city I'm aware of that has passed an ordinance analogous to Wilmette's. That ordinance provoked a recall (albeit an unsuccessful one) against now-Senator Dianne Feinschwein, and was ultimately struck down by the courts for violating the preemption law. So no charge there. FOID? We don't need no steenkin' FOID. All a law-abiding citizen needs to do is to pass an "I'm Not A Complete Moron" Test (which DeMar could easily pass even if Carpenter couldn't), and even that requirement applies only to purchases, not continued possession. In other words, DeMar would be in the clear, assuming the incident took place at all. As Angry has rightly noted, even that assumption is probably wrong, as Morio Billings's prior offenses would have earned him 25-to-llife under our tough three strikes law.
California gun owners owe a huge debt of gratitude to Illinois. It's one of very few states out there whose laws are so bad they allow us to feel good about ours.
Hide extended entry
January 15, 2004
Guns Cure Gun Control
A trip to the range was all it took to
cure Diana Wagman, and amazingly, the
Dog Trainer saw fit to publish the story. A must read for every hopolophobe, and for every gun owner who knows one.
UPDATE: Too bad no one took this illiterate judge to the range.
January 14, 2004
Good Thing Guns Are Banned in Holland
Otherwise, crazed Dutch students might
shoot their teachers.
January 13, 2004
Another Newspaper Against Privacy
Add the
Columbus Discharge Dispatch to the list of newspapers whose staff members ought to be outed. On Dustbury's blog, commenter Ralph Gizzip described this editorial as one that's "crying out to be Fisked." with the exception of the capital
F, which I prefer to write in lower-case, I agree wholeheartedly. Here goes.
Continue reading "Another Newspaper Against Privacy"
Gov. Bob Taft tried to squirm his way off the hot seat on Thursday by signing a so-called compromise bill that will allow most Ohioans to carry concealed handguns. The legislation includes provisions giving journalists — and not many other people — a peek at which Ohioans will be permitted to hide pistols in purses and pockets just about wherever they go, including restaurants, office complexes, shopping centers and many other places.
The journalist exception is there to keep everyone honest without opening the door to snoops. Not too worry, though, after a few
flagrant abuses by would-be "journalists," that exception will be abolished as well. Of course you'll blame that on the NRA, too.
Please note, however, that the lawmakers who saw nothing wrong with letting their fellow Ohioans take guns to Little League games and the grocery have decided that the Statehouse should remain gun-free. Government-owned buildings, houses of worship and airports are among the few places where the carrying of concealed weapons will be prohibited by law.
These legislators might as well have said, "Let's put more guns on the street, but don't let anyone bring them in here where we work."
Or, they could have said something a little more sensible like "airports and government buildings have security up the wazoo, so there's no good reason for ordinary citizens to bring guns into these establishments. Too bad the same cannot be said about public streets."
Taft's wish to wash his hands of this bill is understandable, considering the pressure he has felt from members of his own party to sign it. Once again, Republicans have proved themselves highly capable of doing the bidding of the National Rifle Association and other gun lobbyists, as they look for deep-pocket sources of campaign financing. But in signing House Bill 12, Taft backed off his earlier, correct insistence on public access to the names, counties of residence and dates of birth of any Ohioans who secure permits to carry concealed guns.
But the bill he signed into law says that only journalists — as defined by state legislators — will have access to this information, and only after they show how the disclosure of the information "would be in the public interest."
[Emphasis added.]
Gee,
I wonder why they added that requirement.
The state’s definition of journalist appears to exclude not only average Joes but also many government workers and even many types of journalists, including those who work for government publications, academic journals and other media whose product is not disseminated to the general public.
By no means, then, does this law allow public access to information that ought to be open to public scrutiny. The names of Ohioans with hunting and fishing licenses are a matter of public record, but the names of concealed-carriers will not be.
Why the secrecy for the latter?
Last time I checked, ducks, deer and other game couldn't read, so unlike criminals who can, they gain little tactical advantage from knowing who is armed. Also, every major newspaper in the country seems to have it in for CCW holders, while only a few PETA crazies have a problem with hunting.
Because where such lists have been open to the public, researchers and others are able to see how well this law is being administered and whether felons and others who should be unable to obtain these permits are being screened out. And researchers also can find out whether all the rhetoric about these permitholders being law-abiding citizens who can prevent crimes has any basis in fact.
Nevermind this has already been done, by Lott & Mustard, and countless others. Does anyone really think that Ohio data will show anything new?
Unfortunately, what the researchers find might not put government workers and the legislators and the promoters of this law in the best light.
Then again, it might - as a mountain of data from other states has already done. Not that this means journalists, HCLie-funded "researchers," or anyone else can be trusted to analyze the data competently or even honestly.
For example, in 2000, the Los Angeles Times ...
... a totally unbiased source, which has yet to come out against any gun contrl law of any kind, which just happens to be on the record as stating in 1993 that no private citizens should own firearms, and which, by pure coincidence, has endorsed the "ha ha, just kidding" interpretation of the Second Amendent ever since. Also, technically considered a "news" paper which therefore would not be subject to the privacy provisions the
Discharge staff are complaining about ...
...found that during the first five years of Texas' [sic] law, 407 people who had criminal convictions were issued concealed-carry permits. Statistics in Texas, a concealed-carry state since 1995, also show that about two permit-holders per month are arrested as suspects in violent crimes, including homicide, kidnapping and rape. They are only a tiny percentage of the state's more than 200,000 permit-holders, but this public record gives weight to the argument that people allowed to carry concealed weapons aren't always law-abiding.
Actually, it gives a lot more weight to the argument journalists are too stupid, too biased, or both, to be trusted reporting on the gun control issue at all. As even these jokers concede, 407 out of 200,000 (less than one-quarter of 1%) is damned close to a statistical zero, especially when one notes that the number applies to all criminals, not just violent criminals, felons, or anyone else who shouldn't be trusted with a gun. The number of subsequent arrests is even more piddly; over the same five year period, two arrests per month comes to a grand total of 2 x 12 x 5 = 120, or less than one-sixteenth of 1% - and even that assumes that all 120 arrestees are ultimately found guilty.
Ah, but these meaningless numbers must be out there! More importantly, the indivdidual identities, home addreses and phone numbers of the 199,473 Texans with CCWs who do not have criminal convictions and have not even been arrested. The public interest demands it!
Such statistics, obtained by examining public records of concealed-carry permit-holders, can be used in the fight to prevent, change or abolish concealed-carry laws. Clearly, this is what the gun lobby and their Statehouse supporters fear and is the reason for limiting access to these records.
[Emphasis added.]
And this editorial provides an excellent example of why such fears are justified. Open, honest debate on the merits of CCW is a wonderful idea, but the staff of too many major "news" papers - take, for instance, the
L.A. Dog Trainer, the
Cleveland Dealer, the
Columbus Discharge, the
Atlanta Urinal and Constipation and the
Paper With a Record - are clearly not up to the task.
Government that works in the open works best. And this principle is vastly more important and more worthy of defense than any issue in the concealed-carry debate. Open government is essential to a democracy.
Translation: if you are an Ohio resident, and choose to apply for and obtain a permit to carry a concealed weapon, you are a government.
Under House Bill 12, the task of monitoring how well this law is administered and how well it works has fallen to those newspapers and other media whose staffs meet the the law's definition of journalist. Newspapers will serve the public well if they publish the names and any other pertinent details that they can find about those Ohioans who receive concealedcarry permits.
Meanwhile, bloggers will serve the public well if they publish the names, home addresses and a"any other pertinent details that they can find" about the authors of this editorial. I'm sure they'll understand; it's all in the spirit of good, honest, open government. [Since when are newspapers governments?
- Ed. Since the same time CCW holders became governments. Both groups pose comparable threats to tyrants.]
Academic and public-policy researchers, unfortunately, will not have access to this information unless it is provided to them by the media.
Rep. James Aslanides, R-Coshocton, chief sponsor of this bill, dislikes the provision that leaves the media free to publish the names of permitholders. So he warned that if journalists went about this task in a way he perceived as abusive, "I can assure you that this legislator will try to convince other legislators to repeal this provision."
And repealing provisions to curb abuses is a bad thing because ...?
Just perhaps, if the public sees a different kind of abuse — abuse of the law by permit-holders and the county sheriffs running this program — Ohio voters might want to do a little repealing of their own via the ballot box.
Hope springs eternal, but bear in mind that while 30-odd states have gone from no-issue or restricted-issue to right-to-carry laws over the past two decades,
none have moved in the opposite direction.
The county sheriffs, entrusted to maintain the lists of information the media may have, should recognize that disclosing this information always will be in the public interest. The public has a right to know how well the concealed-carry law is working.
Of course. Meanwhile, the DMV, entrusted to maintain lists of licensed drivers, should recognize that disclosing personal information is always in the public interest. The public has a right to know how well our driver license laws are working. Just ask Rebecca Schaeffer - oops, I forgot,
you can't.
If allowed to do so, state officials would suppress all information that could reflect badly on themselves and the law.
Really? A lot of state officials opposed the law. Wouldn't those state officials be eager to expose all the information they could find that can be used - fairly or unfairly - to make the law look bad?
[Snip.]
Proponents of this bill claim that concealed-carry laws reduce crime, but Ohio, which has banned concealed weapons for more than 140 years, continues to have significantly lower violent-crime rates than Texas and Florida, which have had such laws for a number of years now.
CCW laws have a significant impact on violent crime in every state, which says a lot about the violent crime rate of State A with CCW vs. State A without. It says nothing about how the violent crime of one state will compare to that of another overall. Demographically, Ohio is nothing like Florida or Texas, so it should come as little surprise that Ohio, despite its recently repealed law prohibiting concealed carry, still has a lower crime rate than right-to-carry Florida or Texas. To the extent it makes sense to compare one state's crime rate to that of another - and it doesn't make much sense to do this - the least they can do is control for CCW by also comparing the violent crime rate of pre-1995 Ohio to pre-1995 Texas, when concealed carry was prohibited in both states (and, in Texas, was a felony, to boot). Or compare Ohio's violent crime rate to that of a demographically similar state, such as Indiana (which, incidentally, has also had concealed carry for much longer than Florida or Texas).
If more guns truly did bring less crime, as economist John R. Lott Jr., the darling of the gun lobby, has promised in several books and examinations of the issue, then states that allow concealed carry would be the safest in America.
OK, I take back my earlier comment about these guys being too biased or stupid to discuss gun control intelligently. They're simply too stupid to discuss
anything intelligently. Indeed, beyond such simple tasks as tying one's shoelaces, I'm not convinced they are fit to function as adults in society at all. Lott, of course, made no such outrageous predictions. On the contrary, he has great pains to separate the CCW-related reduction of crime from the drops attributable to other, extraneous factors, ranging from three-strikes laws, to demographic shifts, to economic variations, to, perhaps most importantly of all, the fact that Miami, Ohio and Miami, Florida are
two different cities.
Hide extended entry
January 12, 2004
Sauce for the Goose
The anti-gun-owner fanatics over that the
Cleveland Cocaine Plain Dealer is
threatening to "out" all citizens who dare to obtain permits to carry concealed weapons. Get a load of the
Dealer's pious excuse for their yellow journalism tactics:
Since Taft chooses to hide behind journalists on this vital public-records matter, it is this newspaper's intention to obtain this information and publish it. Our readers deserve to know the identities of those who obtain permits to carry their guns in public. We hope other news organizations will do the same in their communities.
Taft and the legislature are demonstrating a flagrant disregard for the public's right to know. It is incumbent upon the news media to help right their wrong.
Ever notice how any time the press wants to report some sensitive story, they hide behind the public's made-up, nonexistent "right to know?"
Continue reading "Sauce for the Goose"
If the press actually recognized any such right, we'd be reading about all kinds of stuff they keep mum about. To cite only one obvious example, where is the public's "right to know" who leaked the Valerie Plame scandal canard? The answer, of course, is there is no such right, and the press knows it. They also know that it's a lot easier to garner public sympathy by making demagogic references to "the public's right to know" rather than admitting that the only "right" they are really asserting is their own "right" to be the gatekeeper of all the news that's fit to print they want you to read.
Keeping the above disclaimer in mind, I do believe people have a moral, if not a legal, "right to know." So if the Dealer thinks the public has a "right to know" which Ohioans are obtaining licenses to use their Second Amendment rights responsibly, surely the same public has an even more important "right to know" which Ohioans are abusing their First Amendment rights without a license. Enter Keep and Bear Arms and SayUncle, who have urged gun-friendly bloggers to retaliate by:
publish[ing] the names, phone numbers and home addresses of every single person on staff at the Cleveland Plain Dealer.
Same goes for any other newspaper that singles out gun owners in this way.
KABA and SU are not encouraging bloggers to out the Dealer staff quite yet, as the Dealer has yet to publish any CCW holders' names. A few bloggers have already begun outing the Dealer folk, which SU considers to be jumping the gun. My view: there is no "starting gun" to jump here. Other papers have remained mum, but the Dealer has made it very clear what it intends to do. Until and unless they withdraw that threat, I see absolutely no reason why the good guys ought to wait around for the enemy to fire the first shot. If the good guys end up drawing first and last blood, so much the better. So for starters, here is the contact info for the Dealer's editor (note: ZIP Code 44108 is Bratenahl):
Douglas Clifton
19 Shoreby Dr.
Cleveland, OH 44108-1161
Tel.: (216) 761-6577
Hide extended entry
January 08, 2004
Bad Day for Criminals
Ohio has become
the 37th right-to-carry state, leaving muggers, rapists and hit men with one less business-friendly state to choose from. As a public service to the soon-to-be unemployed criminals of Ohio, I recommend relocating to any of the following 14 jurisdictions, whose laws remain criminal-friendly:
Continue reading "Bad Day for Criminals"
- California
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Iowa
- Kansas
- Maryland
- Massachusetts
- Nebraska
- New Jersey
- New York
- Rhode Island
- Wisconsin
As a criminal visiting in any of the states whose names appear in bold face, you can rest assured that no one on the street, except for you, the cops and your competitors, will be armed. The remaining states permit concealed carry under very limited circumstances, thereby making the risk of any given citizen being armed extremely remote. Given the occupational hazards inherent in shall-issue CCW, mugging, raping or killing people in any of the other 37 states is not recommended.
Hide extended entry
January 07, 2004
Civil Obedience
Say Uncle reports that a group in Ohio is about to protest Ohio's ban on concealed carry by
carrying their guns openly, instead. This tactic, known as "civil obedience," is one I'd liek to see used more often. I mean, it's all well and good to break stupid laws to make a point, but doesn't it make an even better point when a law is so friggin' stooopid you can protest it simply by
following it? It just doesn't get any better than that.
The last example of civil obedience that I remember before this one was a protest in L.A. in the late 1980s, when a group of irate drivers got together to protest the 55 mph speed limit by ... driving 55 mph.
UPDATE: It worked!
November 26, 2003
Off Target
In the past, I've blogged that there is no functional difference between illegal "assault" rifles and ordinary, legal, semiautomatic rifles. Actually, that's not quite true. "Assault" rifles can do one thing regular rifles can't: get you
thrown in jail and in all likelihood, get your
gun store and range closed down.
Nice work, Ilya Yampolsky. So much for having one place to shoot in south Orange County. The timing could scarcely be worse, as I had just renewed my annual membership at the range, and was at the top of the waiting list for an S&W; .500. Now I'm wondering how I'll even get my deposit back.
Thanks to the Angry Clam for the pointer.
UPDATE: I just spoke to someone at On Target; he says they're open for business as usual. We'll see how long that lasts. Then again, now that "Attorney" General Bill Lockyer is on the case, maybe these guys will be exonerated after all.
November 10, 2003
Plastic Guns
Don't look now, but a pig is about to fly 10,000 feet over your head.
Bill Quick and the
Gun Owners of America are upset that James Sensenbrenner (R-WI) has pushed
H.R. 3348 through on a voice vote. H.R. 3348 would extend the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) by 10 years. That's the law that prohibits plastic guns, a technology that does not currently exist, and may never exist. So the gun lobby is OK with it, right?
Well, sort of. The National Rifle Association ("NRA") doesn't seem to have a problem with the law as written, but Gun Owners of America ("GOA") apparently does. GOA all but admits the silliness of their outrage by noting that:
In one sense, the ban is meaningless since a completely plastic gun has yet to be invented. It would be like banning Star Trek phaser rifles. The technology is not even there. And no gun manufacturer is even close to developing an all-plastic gun in the near future.
Continue reading "Plastic Guns"
All true. There isn't a single gun in existence, anywhere in the world, that I cannot legally purchase today but could legally purchase next year if the ban were allowed to expire. But never mind that, it's all about "principle," you see:
In another sense, however, the ban continues to extend the illegitimate reach of Congress into the realm of firearms -- a precedent which will be used by gun grabbers in the future to justify more bans.
There you have it, folks: the gun lobby's answer to the ACLU's all-important "right" of an atheist Klansman on parole to falsely yell "fire" while performing a partial-birth abortion on a brain-damaged woman in a crowded, Jewish theater, to prevent her unborn child from ever reciting the Pledge or voting in a recall election.
Instead of worrying too much about "slippery" slopes that aren't, gun owners and freedom lovers should instead worry about the slopes that really are. The bans on "junk" (affordable) guns and "assault" (ugly-looking) weapons set a horrible precedent, which basically gives government carte blanche to ban anything it wants as long as it can think of a nasty name to call it by. Potentially, a horribly-worded ban on "plastic guns" could do that too, e.g., by extending to Glocks, which containplastic to make them lightweight, but which also contain plenty of steel to trip off a metal detector. But potential is not equivalent to actual. This ban does not cover Glocks, or any other weapon that has ever been invented by anybody. In fact, given the limitations of today's technology, it doesn't even ban any weapon that could be invented today. All it does is ban a prospective technology which, if perfected, would serve no purpose other than evade detection in airports, courthouses, and other high-security areas.
The sensible thing to do would be to tell your Senator to support S. 1774 and oppose just about every other gun-related bill that comes up for a vote. But sense means nothing, and principle everything, to the small, purist minds of the GOA. Here's what they recommend instead:
ACTION: Please urge your Senator to oppose S. 1774, and to instead support REAL efforts aimed at stopping terrorists -- such as arming the rest of the pilots who want to carry guns.
That, of course, presents a false choice: Senators can support
S. 1774, and also support efforts to expand the program that has allowed a small number of pilots to arm themselves. Many Senators have in fact done that. Even Thelma and Louise, two of the worst gun-grabbers in the Senate, have done so. Believe it or not, banning
undetectable firearms and arming pilots with
detectable ones is not an either-or.
There is simply no other reason to oppose a ban on plastic guns which do not exist, probably never will exist, and in all likelihood should not exist, except maybe to use as a bargaining chip in the negotiation process. Educating the public about the foolishness of a bans on "assault" (ugly) weapons or "junk" (affordable) guns is a costly, time-consuming, and ultimately, vote-consuming endeavor, but a worthwhile effort, as well. Extolling the virtues of a nascent technology that would do nothing for law-abiding gun owners but plenty for terrorists, is not.
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October 30, 2003
Got Blacklisted?
Right now, a flock of anti-speech, anti-gun weenies have their
panties in a bunch over the fact that the National Rifle Association maintains a
list of high-profile individuals and companies associated with the anti-gun cause. Apparently they've just learned this now, even though the list itself has been out there for years. There's a certain logic to that. After all, gun safety is not rocket science, so anyone too stupid to handle a firearm safely is not very likely to be very good at Internet research, or any other task that requires a room temperature IQ or better.
Continue reading "Got Blacklisted?"
Anyway, Yahoo! is now reporting that membership on the "blacklist" has become a badge of honor among Hollywood elites. Or maybe only to one Hollywood elite; I'm not sure. The headline proudly announces that:
Americans Flock to Get on NRA Blacklist
Pretty impressive, huh? The only problem is that the story itself identifies only
one American - Dustin Hoffman - who actually asked to be put on the list. That makes for a pretty small "flock" in my book; less even than the 30,000 or so who attended the "Million" Mom March. According to the story, Hoffman the one-man flock wrote the following to the NRA:
I was particularly surprised by the omission given my opposition to the loophole that makes it legal for 18- to 20-year-olds to buy handguns at gun shows.
Hoffman has since gotten his wish, and been added to the list of proud opponents of the Bill of Rights. This is good, as it all but guarantees he will not be running for governor in 2006, or at least not as a Republican. But the story does not tell us whether Hoffman the flock was only added to the main list of gun control advocates, or whether he was also added to a second, more specialized list of idiots who think there is a federal law making it legal for 18- to 20-year-old to buy otherwise unlawful handguns at gun shows.
Also missing from the story is any detail as to how anyone other than the flock got added to the list over the years. That's too bad. I really would like to know what Peenus van Lesbian did to get added to the list.
UPDATE: The NRA maintains a good guys list as well. Adding your name is easy.
Hide extended entry
October 12, 2003
"Violence is Never the Answer"
Except, of course, when it
is.
Link via So Cal Law Blog.
September 20, 2003
Xrlq, Certified Non-Idiot
My life didn't expire last December, but my "lifetime" Basic Handgun Safety Certificate did, so I went in today to get my new "five year" Handgun Safety Certificate. That entailed a new written exam, on which I received a perfect score of 30 out of 30. I expected the new test to be harder than the old one, but it really wasn't. The material was largely the same, but the questions were worded better and there were no trick questions (or worse, trick questions in which the examinee is penalized for "getting" the trick when they weren't supposed to), and afterwards, the examiner explained to me that the new test has a higher passage rate than the old one did. Most of the questions on the new and old test are along these lines:
It is dangerous and/or illegal to discharge a firearm at _____.
a. random.
b. a family member you don't like.
c. yourself.
d. all of the above.
Continue reading "Xrlq, Certified Non-Idiot"
Out of the 30 questions, I identified six that required some substantive knowledge about the law which cannot be reduced to common sense. The other 24 were pretty obvious, as long as you understand that the State of Kalifornia thinks guns should always be "safely" stored where no one, including the owner, can access them in an emergency. A passing score is 23. Do the math.
Assuming no careless errors or misread questions, anyone with an average IQ and the amount of common sense (or enough intelligence to make up for below-average common sense, or vice versa), should get those 24 questions right, along with an expected 2 lucky guesses (based on two harder T/F questions and four harder mutilple choice ones), so the average non-idiot can be expected to score 26. Allowing the possibility than an examinee might just happen to know the minimum age of handgun purchase (21) or whether or not a private party can transfer a gun without a background check (he can't), a score of 27 or 28 is acceptable also. A score of 30, however, is not. That score indicates the examinee is either an attorney specializing in firearms law, or some boob like me who actually wasted $0.50 of his hard-earned dollars and at least 30 minutes of his precious time to buy the D.O.J. handbook and read it.
One side of me says this examination is a needless infringement on any citizen's right to bear arms. The other says anyone who can't pass this test should be prohibited not only from owning handguns, but also rifles, shotguns, slingshots, crossbows, hunting knives, steak knives, butter knives, salad forks, or just about anything else with a sharp point or edge. What say you?
Hide extended entry
August 25, 2003
BBC: Idiotarians Across the Board
Via Instapundit comes
this fisking of a
BBC article which uses the
justified homicide of 16-year-old criminal Anthony Choate, a burglar who set fires in his victim's garage, as an argument against women "empowering" themselves (BBC's sneer quotes, not mine) by obtaining handguns for self-defense. I suppose that I shouldn't be too surprised by this, as in this case the BBC's slant is well in line with popular opinion in a country that imprisons its otherwise law-abiding citizens solely because they pose a
"danger to burglars."
Continue reading "BBC: Idiotarians Across the Board"
Have you ever noticed how recently it was that Great Britain stopped being the darling of the gun control crowd, and started being Exhibit A in the case against gun control? I think it might have to do with the fact that the Brits, unlike their American counterparts, have no illusions that their laws accomplish nothing beyond making the world safe for criminals. I almost have to wonder if they would say "Amen, Brother" to a bumper sticker I saw at the local gun show last week, which read:
GUN CONTROL: The theory that a woman found dead in an alley,
raped and strangled with her own panty hose is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound.
Spoons has more.
Hide extended entry
August 20, 2003
An Over-Simplified Comparison of Crime Statistics
Graham Lester takes the rather paradoxical view that
gun control is good for England but would be bad for America. While I do appreciate that
some policies may be good for certain cultures and bad for others, I'm not convinced that victim disarmament is among them, and none of Graham's arguments do much to dispel these doubts.
Continue reading "An Over-Simplified Comparison of Crime Statistics"
In an ideal society, everyone would behave responsibly, so there would be no need to have rules restricting gun ownership.
All true, but then again, in an ideal society there wouldn't be any criminals to defend oneself against, so no one would have a reason to own a gun except for sport. It should go without saying that neither the U.S. nor Great Britain has such a society.
In Britain, it was never particularly easy to get a gun unless you were a farmer or a retired military person, and these types tended to take good care of their weapons.
Not true. While our Second Amendment may protect a
broader right to bear arms than did Article 7 of the
English Bill of Rights, there can be no question where we got the idea. Fast forward to the modern era: England had virtually no gun control laws a century ago, and shotguns remained unregulated until the 1960s. It wasn't until the late 1990s, post-Dunblane, that handguns were banned altogether.
Meanwhile, Britain's crime has gotten worse rather than better. In less than a decade, Britain has gone from being the darling of gun control advocates, to being Exhibit A (or sometimes B, behind Australia) in the case against gun control. Indeed, demonstrating the futilility of even the most extreme gun control may be the one positive thing that Britain has accomplished by enacting these ever more draconian laws. Thanks to the Brits, American gun rights advocates can now argue "if it can't work on a small island with no history of widespread firearm ownership, how the devil is it supposed to work in a huge country with two long, porous borders and a 100 year supply of guns?"
Does this mean Britain is now more crime prone than Amerca? Probably not, although it does depend on which crimes you focus on. Unfortunately, the three types of crime Graham cites, murder, rape and serious assault, are not broken down according to whether or not a firearm was used, which is often not the case. I suspect that the vast majority of rapes do not involve firearms, so the fact that the U.S. has a higher rape rate than Britain suggests that something else is going on here, which would not be mitigated by tightening the gun laws here or aggravated by relaxing them there. It is clear that certain types of confrontational crimes - "hot" burglaries, for example - are far more common in countries that regulate firearms heavily than they are in those that do not.
Ultimately, the huge demographic differences between countries perclude international comparisons from being very usefulness in debates such as this one. Much more useful are comparisons within a single jurisdiction, before and after a significant change in the gun laws, after taking into account whatever gradual increases or decreases in crime were already underway. This is what John Lott and David Mustard did in 1996, when they determined that relaxed concealed carry laws in county after county, state and after state, resulted in a sharp decline in most categories of violent crime (coupled with a slight increase in certain categories of non-confrontational property crimes). On the flip side, I could be wrong but I think one would be hard pressed to fnid a British criminologist worth his salt who seriously believes that the 1997 handgun ban, or any other major change in British gun laws, resulted in any significant decrease in violent crime.
As a consequence, the vast majority of British criminals have always gone unarmed.
Translation: as long as the population is unarmed and therefore unable to defend itself against criminals, the criminals will get what they want even if they are unarmed. Somehow, I'm having trouble understanding why this is supposed to be a
good thing.
In the United States because of its unique history and the frontier phenomenon of the last century, there have always been a lot of guns in circulation and a large percentage of criminals have tended to be armed. It is reasonable for an American citizen to want to be armed because an American citizen is far more likely to have to confront an armed intruder than a British citizen.
Ah, yes, the old "if my attacker doesn't have a gun, I must not need one, either" canard, one of my favorites. It works great if you happen to be Mike Tyson. If you're Desiree Washington, however, results may vary.
The downside of having more lenient gun laws in Britain would be a civilian arms race: as guns became easier to acquire, more criminals would be armed, and then even more citizens would see a need to be armed also.
Let's follow the "arms race" analogy to its logical conclusion. In
real arms race, it is probably true that if the West had not built up its forces in Western Europe and its nuclear capability worldwide, the Russians would not have "needed" to build up their forces, either. Still, hardly anyone would seriously argue that this would have been a good thing. The fact of the matter is that the Russians' lack of a perceived "need" would have derived entirely from their (accurate) perception that they could do as they pleased.
The disarmament argument is just as silly at the micro level as at the macro, and for the same reason. Of course rapists won't feel the "need" to carry a gun if they know their victims will have no chance of resisting them, but who in their right mind - other than the rapist himself, of course - can seriously argue that this is a good thing?
So I more-or-less support the status quo in both countries. If Americans disarmed, they would be at the mercy of armed criminals.
Correction: if people of any nationality disarm, they will be at the mercy of all criminals who are either (1) armed or (2) stronger than them. As applied to crime-free societies, results may vary.
If British criminals became armed, the public would want to be armed too.
And that would be bad because ... just because?
Not only that, but the British policeman would have to become an armed enforcer of the authority of the state (like an American policeman) instead of a friendly public servant (okay, we all know that there are some bad apples there too).
Most American cops are friendly, too, and I don't think the exceptions have anything to do with the fact they are armed. Giving criminals a free reign - even to the point of imprisoning homeowners who pose a "threat to burglars" and allowing their assailants to sue them - strikes me as a very high price to pay for the quaint, largely asthetic luxury of unarmed bobbies. Then again, I'm just another slobbering, gun totin' 'Mercun, so what do I know?
Hide extended entry
July 15, 2003
DBrowning in Hysteria
As with any other tool, if you are thinking of purchasing a gun, be sure to buy the right gun for the right job. Before you buy, think about what it is you want to do with the gun:
- If you want to shoot cheap ammo to your heart's content, get a .22.
- If you want to defend yourself against an intruder, get a .38 revolver or a 9 mm pistol - at least.
- If you want to impress the hell out of everybody, get an S&W; .500 if you can find one (good luck).
- If you think you are as good a shot as Assemblyman Paul Koretz and want to try your hand at shooting airplanes out of the sky, get a .50 BMG rifle. [Note: I'm being sarcastic. Contrary to Koretz's propaganda, there is no friggin' way you can do that. One can only hope that future terrorists are dumb enough to try.]
- If you want to shoot yourself in the foot, get anything made by Browning.
Continue reading "DBrowning in Hysteria"
So why am I picking on Browning? Well, the owner of this pro-gun site contacted Browning in an attempt to negotiate an advertising arrangement. The following day, he received this email from a paralegal named Jeannine C. Dameworth:
You recently contacted Browning and requested our permission to link to our internet site through your site at www.guned.com. That request was denied by our webmaster, Brady Smith. Browning seldom grants requests for permission to link to our internet site. While we appreciate your request for permission, we would ask that you appreciate our denial of such request and remove all references to Browning on your internet site. In addition, you are not an authorized user of Browning's registered trademarks which appear on your site. Please confirm the removal by reply to this email within 10 days.
Think about that for a minute, then focus on the two real zinger:
Browning seldom grants requests for permission to link to our site.
Um, yeah. Somehow, I get the wild notion that Robert Scheer and Ruth Rosen have never granted Stefan Sharkansky "permission" to link to their respective columns, either, for reasons that will be obvious to anyone who reads his blog on a regular basis. So what? Does Browning really think it has to give people "permission" to link to their site, or are they just trying to position themselves to be the next company lampooned here? Maybe they figure that any publicity is good publicity; I don't know.
You are not authorized user of Browning's registered trademarks which appear on your site.
OK. I'm sure those guys suing Nike aren't authorized users of Nike's registered trademarks, either, but that doesn't mean Nike can make them stop calling them by their name. It's not as though GunEd was marketing firearms of its own under the name "Browning," or any other name likely to be confused with it. [Note: this is also why the cute joke about a guy trademarking the phrase "freedom of speech" isn't really all it's cracked up to be.]
Anyway, Mike W. Smith, the President of GunEd (also a trademark, but no, that doesn't mean I'm going to ask his permission to include the name here) wrote back to say the he would remove all links and references to Browning from his site, even though he had absolutely no legal obligation to do so. So how does that sweetheart of a paralegal, Jeannine C. Dameworth, thank him? With another nasty email, what else?
I am sorry you have chosen to be offended by my email requesting that you remove your link to Browning. Browning takes great pride in its name, products and trademarks. We rarely license the use of our name and trademarks and very rarely grant requests for links on websites. While we appreciate your support of Browning and we appreciate you removing the link to Browning, I would personally appreciate it if you would immediately remove my name and phone number from your website and also the names of Mr. Smith and Mr. Nelson.
Got that? It's not enough to claim a non-existent "right" to prevent people from linking to you or using your name in a non-trademark context. No, now Ms. Dameworth thinks she has a right to stop Mr. Smith from reporting facts at all!
What a maroon. Read the whole thing, if only for the comments.
Link via Gruntledness.
UPDATE/CLARIFICATION: Nothing against Browning's products. Mrs. Xrlq's engagement gun was a Browning model, and we have no complaints. Given the current silliness, however, I plan to take my business elsewhere next time around.
Hide extended entry
June 30, 2003
Whoda Thunk It?
It looks like gun control
doesn't work very well in Iraq, either. Where should we try it next? I imagine it could get a damn-near 100% success rate in Antarctica.
June 12, 2003
Two Down, 48 to Go
In just 90 days, Alaska will join Vermont in becoming the second state to
allow its citizens to carry concealed weapons without a permit. [Hat tip:
Instapundit.] Unlike Vermont, the State of Alaska will continue to issue permits to those who apply for them and meet the existing statutory criteria. Which raises a Zen-like question: if you have a license that only authorizes you to do the same things you were able to do without a license, do you really have a license?
Actually, the non-rhetorical answer is "yes." There is one thing a licensed permit holder can do which a non-permit holder cannot: carry a concealed weapon in other states. Many states honor CCWs issued by other states, but as far as I know, no state (other than Vermont itself, that is), allows Vermont residents to carry concealed weapons without a permit.
Meanwhile, California remains among the few remaining states in which only the likes of Dianne Feinstein, Robert Blake, and Sean Penn are deemed worthy enough to carry guns for their own protection. It could be worse, I suppose. At least we don't throw people in jail for defending their families in their own homes. Yet. [Hat tip: Rachel Lucas.]
June 09, 2003
Not Just Jayson Blair
David Kopel
fact-checks the Paper With A Record on gun control. Link via
Howard Bashman.
UPDATE: Wendy McElroy does the same to the N.Y. Times's equally annoying bias with regard to gender politics.
UPDATE: Kopel cops to an error of his own.
April 17, 2003
Gun Safety for Dummies
Eugene Volokh has
an interesting idea for a gun safety video: illustrate the four basic safety rules using scenes from
Pulp Fiction in which they were violated.
Heh.
April 10, 2003
Dude, Where's My Car/Gun?
The Daily Cal reports that actor/geopolitical expert Jeff Spicoli Sean Penn had his car stolen Tuesday afternoon. Unfortunately, that's not all they stole; Penn also left a loaded Glock in the cab and an unloaded revolver in the trunk. So much for liberals working to keep guns out of the wrong hands.
Berkeley Police Officer Mary Kusmiss seems a bit confused as to the laws she is charged with enforcing. The linked Daily Cal article quotes her as saying that it was legal for Penn to leave the guns in the car because he has a concealed carry permit. This is complete nonsense, of course. A permit to carry is just that, a permit to carry a gun for one's own protection. It is not a license to leave a gun unattended in a vehicle parked on public streets and hope nobody steals it. It's bad enough that spoiled celebs like Sean Penn, Robert Blake, etc. are given permits that are routinely denied to more deserving, or even law-abiding (unlike Penn himself), commoners. Why exempt them from other laws? At the very minimum, his CCW ought to be revoked.
UPDATE: Clayton Cramer has more. Link via Instapundit.
UPDATE x2: Clayton emailed to say that California has no law against leaving firearms in unattended vehicles, and a brief perusal of Cal. Penal Code § 12020 et seq. did not reveal anything to the contrary. So apparently the cop was right about the law. Still, leaving a loaded gun in an unattended in a vehicle does not strike me as a particularly wise thing to do.
UPDATE x3: Tim Lomcevak has been following this issue more closely. Apparently, Penn's rap sheet is longer than I thought, raising questions as to whether he should have been issued a CCW in the first place. Link via Instapundit.
UPDATE x4: Spicoli got his car back, but not the guns.
April 09, 2003
My Kind of Democrat
New Mexico Governor Bill Richardson has signed into law a new concealed carry law. The law is not perfect, as the minimum age to receive a permit is 25, and it does not sound like law provides for reciprocity with other states. Still, a quantum leap forward in the right direction. Californians (the law-abiding ones, anyway) should be so lucky.
Link via Reason.
February 19, 2003
Hell Freezes Over
Today's
Daily Monopoly Los Angeles Times has
a surprisingly thoughtful piece by Staff Writer Henry Weinstein on the recent case of
Nordyke v. King, the Ninth Circuit's newest pronouncement on the Second Amendment. The
Nordyke ruling is a pyrrhic victory, at best, for gun control advocates who still peddle the quaint theory that the "right of the people to keep and bear arms" does not guarantee the people a right to keep or bear arms. On the one hand, the
Nordyke court followed the existing, poorly-reasoned precedent set forth in
Hickman v. Block, 81 F. 3d 98, 102 (1996), which essentially nullified the Second Amendment throughout the circuit. On the other, the court made no secret of the fact that their only reason for following
Hickman is that only an
en banc court has the authority to overrule it. This is the same circuit rule, I might add, that should have prevented Stephen "Reverse Me" Reinhardt from revisiting the same issue in the recent case of
Silveira v. Lockyer, 312 F. 3d 1052 (2002) (note Judge Magill's concurrning opinion in
Silveira). For this reason, the
Nordyke court derided the majority opinion in that case as "both unpersuasive and even more importantly unnecessary." Damn, that's gotta hurt.
This article, while published in the normally rabidly anti-gun-owner L.A. Times, does a remarkably good job of reporting the history of the Second Amendment. It even dodged the common error (and a trap which even some pro-Second Amendment papers fall into from time to time) of misquoting United States v. Miller, 307 U.S. 174, 178 (1939) as endorsing the judicial nullification of the Second Amendment. So there's nothing to fisk here, save one very silly quote by U.S.C. law professor Erwin Chemerisky:
But Erwin Chemerinsky, a USC constitutional law professor, said that Tuesday's opinions were "an inappropriate slap" at the December decision. That decision, he said, is binding on the 9th Circuit "until it is upset by a larger panel of 9th Circuit judges or the Supreme Court."
Let's get this straight. According to the good professor (and my regular readers know how much I hate to
fisk law professors), the binding precedent of
Hickman did not preclude Judge Reinhardt's three-judge panel from revisiting it in
Silveira, but somehow the new
Silveira (non-)precedent
does preclude every other three-judge panel from criticizing its reasoning on any grounds. It's good to be
the kinga liberal, and to know that laws only apply to other people.
P.S. If you haven't already read Eugene Volokh's fisking of Silveira be sure to do so.
February 13, 2003
Make My Day
Smith & Wesson, the company that
sold out gun owners' rights and became a pariah among the gunnies three years ago, partially redeemed itself by promptly
"clarifying" the deal out of existence. Now, by releasing
this new .50 caliber revolver, S&W; has finally
finished the job.
Of course, none of this will do you any good if you happen to belong to any of the classes of individuals who are prohibited from owning a firearm. Such individuals include felons, people with domestic violence convictions, law-abiding citizens who are foolish enough to reside in the District of Columbia, and mental patients. Guess which of these classes of prohibited persons would benefit from the new suit which the Washington Times has endorsed. That's right, convicted felons. Just kidding, of course. The suit, if successful, would end D.C.'s blatantly unconstitutional handgun ban. The editorial does get one point wrong, however:
Despite the Second Amendment guarantee that the "right of the people to keep and bear arms shall not be infringed," a legal decision in 1939 interpreted this as only applying to members of a state militia.
In fact, that is not true. The 1939 case referred to in the article,
United States v. Miller, 307 U.S. 174, 178 (1939) held that the Second Amendment only covered
weapons that bore a "reasonable relationship to the preservation or efficiency of a well regulated militia." It did
not rule, nor did it even suggest, that the named defendants, two bootleggers with no connection to any recognized militia, whose case was not even presented to the Court - had no Second Amendment rights at all. Since
Miller, however, a number of lower courts, most recently the Ninth Circuit, have endorsed the too-clever-by-half theory that people aren't "people" for purposes of the the Second Amendment. The Supreme Court has never endorsed that view, however; in fact, ever since
Miller it has not ruled on the Second Amendment at all.
The Supreme Court has mentioned the Second Amendment in dicta, however. To the best of my knowledge, the Court's most recent reference to the Second Amendment appeared in United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1990). In Verdugo-Urqidez, a Fourth Amendment case, the Court made the following observation:
Contrary to the suggestion of amici curiae that the Framers used this phrase "simply to avoid [an] awkward rhetorical redundancy," Brief for American Civil Liberties Union et al. as Amici Curiae 12, n. 4, "the people" seems to have been a term of art employed in select parts of the Constitution. The Preamble declares that the Constitution is ordained and established by "the people of the United States." The Second Amendment protects "the right of the people to keep and bear Arms," and the Ninth and Tenth Amendments provide that certain rights and powers are retained by and reserved to "the people." See also U.S. Const., Amdt. 1 ("Congress shall make no law . . . abridging . . . the right of the people peaceably to assemble")...; Art. I, 2, cl. 1 ("The House of Representatives shall be composed of Members chosen every second Year by the people of the several States") ... While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.
[Emphasis added.]
Gun control advocates will be quick to mention that
Verdugo-Urquidez was not a Second Amendment case, and therefore technically is not binding. That is true, of course. Still, one has to wonder what would have possessed the Supreme Court to word the decision the way they did if they did not actually believe that the Second Amendment means what it says. It's unlikely that today's court sees the issue differently. Four of the five Justices who signed the majority opinion are still on the Court today (Rehnquist, O'Connor, Scalia and Kennedy), and it's a pretty safe bet that Justice Thomas would rule the same way. Only one of the dissenters, Justice Stevens, is still around. His opinion did not refer to the Second Amendment at all.
February 10, 2003
It's Really Not About You
Upon encountering
this article in yesterday's L.A. Times (requires free registration), my first instinct was to fisk it to death. After all, it repeated almost all of the standard lies, half-truths, and other fallacies that typify gun control arguments, so it provided plenty of fodder for that. Examples:
- The under-motivated criminal. In this case, we are asked to believe that a deranged woman, who was not deterred by laws against murder, would somehow have been (1) deterred by a law against private ownership of handguns, and (2) too stupid to think of any lawful alternatives to a handgun (e.g., a long gun).
- Slanted terminology. The article makes frequent references to the "gun lobby." Suppose I submitted an op-ed piece to the
Daily MonopolyLos Angeles Times decrying the excesses of the "abortion lobby" or the "speech lobby." What are the chance that they'd publish that?
- The "weapon of choice." Usually the so-called "weapon of choice" is a "Saturday Night Special," an "assault" weapon, or some other made-up category the anti-gun-owner lobby is trying to demonize to pit one law-abiding gun owner against another. This time, it's a basic caliber, 9 millimeter, that gets this dubious honor. What will they go after next? Pepper spray? Every other legal product that has ever been used to commit an illegal act?
- Substitution of irrelevant details for any potentially useful facts. "I cannot tell you where this brutality came from ... but I can tell you where the gun came from." Neato. Perhaps you can also tell us the exact price paid for the gun, how much the state vs. county collected in sales tax, what particular alloy was used in manufacturing it, or what possessed this incredibly stupid killer to purchase her gun through a legitimate source rather than obtain something much cheaper, with no waiting period or sales tax, through the black market, as any other self-respecting criminal would.
- Ignoring the obvious. Price writes that "[g]un deaths account for 65% of homicides nationally, and more than 70% in California." IOW, California, a state that severely restricts firearm ownership, not only has a higher overall murder rate, it even has a higher rate among those particular murders that are committed with the very firearms our legislature seems so intent on protecting us from. Oops! How bad does this number have to get before anyone will recognize that California's gun laws may actually be contributing to the problem they were supposed to solve? Or are we to assume that every failure of gun control merely proves the need for more gun control?
- Completely ignoring one side of the equation. Price goes on and on about how many murders are committed with guns, how easily she thinks all those legally owned guns can be confiscated, yadda yadda yadda. Completely absent from the analysis is how many new crimes are frustrated by armed citizens, which would necessarily be enabled if everyone's guns were taken away. The best estimates (Kleck, Lott, and countless others) suggest that somewhere between 1 million and 2.5 million potential crimes are prevented by armed citizens in the United States every year. The FBI's Uniform Crime Report yields a substantially lower figure, but one that is nevertheless substantially higher than any credible estimate of the number of crimes committed with guns. But Price doesn't get into this issue; instead, she simply wishes it away and argues her position as though that number were zero.
Continue reading "It's Really Not About You"
It would be very tempting to fisk Ms. Price's article in its entirety - and I hope that someone will do that - but that's not what I'm going to do here. Instead, I'd like to focus on the bigger picture, which is the tendency of some to over-personalize political issues, as if to suggest that what's good for "me" must be good for society as a whole. Price's piece fixates on the murder of her brother by a deranged woman who purchased a handgun illegally, so she concludes that society as a whole would be better off if only cops and criminals were allowed to carry handguns, particularly handguns of calibers that are popular among women. In so doing, she completely misses the bigger points, such as inherent trade-offs involved with allowing a tool that is useful for both offense and defense, along with the fact that murders are rarely committed by women, or with handguns obtained through legitimate sources. Andrea Guerrero made substantially the same error on affirmative action: it worked for me, therefore, it must be a good thing overall. And I've heard the "me" argument used to prove every imaginable angle of the abortion debate. Here are a few gems (not verbatim, of course):
- Female version: I might want an abortion myself someday. Keep your laws off my body.
- Male version: I might go out and get some girl pregnant, and gawd I'd hate to pay child support. Keep your laws off my ... umm, I mean, her body.
- I might not want to pay for that abortion out of my own pocket, though, so for funding purposes, please keep your laws on my/her body.
- As a young woman, my mother almost got an illegal abortion that might have killed or maimed her. If you can't trust her with a choice, how can you trust her with a child?
- Oops, scratch that one. I almost forgot that it I was that child she very nearly aborted! In that case, it's a child, not a choice.
- On the one hand, I might want an abortion someday, but on the other, it's a damned good thing that I wasn't aborted. In that case, the proper position on abortion is ... [head explodes.]
Some of these "me" arguments fare better than others. In Price's case, the tactic works pretty well since her own victimhood makes her critics feel like they are beating up on a crime victim rather than critiquing a poorly reasoned position. Perhaps for that reason, Andrea's "me" argument on affirmative action didn't fare quite so well in the blogosphere (my fisking was not the only one). The one issue where "me" arguments don't seem to work at all is the Democrats' "let's make the top 10% pay their fair share" argument. Some of this is because the tax rates are already higher than most people think they ought to be. The rest, I suppose, may be due to the fact that at least 20% of the population believes itself to be in the top 10%, while many of the 80% aspire to join that group someday. But whether the argument "works" or not in the political arena, it almost never works for purposes of figuring out what policies are good or bad. Whatever the issue may be, and however strongly you may feel about it, it really isn't about you.
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January 22, 2003
Use a Gun (Properly), Go to Jail (Anyway)
Ronald Dixon, a former Navy man with an unblemished record, faces a potential prison sentence for
shooting a career burglar who entered his toddler's room. Because the shooting was unjustified? Hell, no - no one in his right mind would argue that. No, depending on one's perspective, Dixon faces prison time either for (1) possessing a firearm he had obtained legally when he resided in the United States, or (2) using that firearm to make sure that a career burglar went down instead of his innocent toddler, who the State of New York apparently thinks should have been allowed to die. If his case isn't the perfect one to give teeth to the Second Amendment, then I don't know what is.
While I can hardly fault the NRA for the existence of New York's idiotic gun laws, I do have to fault them just a wee bit for District Attorney Charles Hynes's decision to prosecute him under them. I'd have at least another $42.00 in my wallet right now if only I had a nickel for every time I've heard an NRA spokesman argue, in essence, that "we don't need any more stupid, fascist, unworkable gun laws, we just need more rigorous enforcement of the stupid, fascist, unworkable gun laws that we already have!" So, in this case, they seem to have gotten what they wished for. It's too bad that Mr. Dixon himself has to deal with something he never wished for, though.
Link via Rachel Lucas.
January 17, 2003
Abusive Lawsuits
Well, they're at it again. Charges have barely been filed against John Muhammad and John Lee Malvo, and already the usual suspects are
suing Bushmaster for making their gun. In this story,
CNN reports that
the National Coalition to Ban Handguns ... um, I mean,
Handgun Control, Inc....no wait, they're not called that anymore, either... oh yeah, the "Brady Center to Prevent Gun Violence" (stay tuned to find out what they're calling themselves next week) is exploiting yet another grieving family to score a few political points by bringing a frivolous lawsuit against
Bushmaster.
Given gun controllers' track record on previous suits, this case has almost no chance of succeeding. That's OK, winning cases on the merits was never their objective anyway. These suits are about bankrupting a lawful industry that a few extremist lawyers wish were unlawful. They must be stopped. A federal ban on frivolous suits against gun manufacturers and distributors would be a good start, but a ban on any lawsuits attacking anylegal products that did not malfunction would probably be better. If that doesn't make these suits go away, then a new law imposing draconian penalties on the attorneys who bring these actions surely will.
UPDATE: Rachel Lucas doesn't care much for this lawsuit, either.
January 14, 2003
Low-Powered "High-Powered" Rifles
Glenn Reynolds takes TAPPED to task for
referring to John Muhammad's .223 Bushmaster as a "high-powered" rifle. Reynolds writes:
Most discussion I see of the .223 among rifle experts focuses on its relative wimpiness compared to other rifle rounds like the .308, .300 Win. Mag., etc. - and if you showed up at the "high power" range at the shooting range I belong to, you'd be referred elsewhere since it's for shots of up to 1,000 meters and the .223 is useless at that distance.
On the flip side, anyone wishing to purchase an M-1 Garand (.30-06) from the
Civilian Marksmanship Program must compete in a "high-powered" rifle match, for which a .223 qualifies - barely. Of course this makes it "wimpy" by comparison to all of the other "high-powered" calibers, since anything below it won't be considered "high-powered" at all, but
some caliber has to end up in that unenviable position, no matter where you draw the line. The way I see it, if there were no general consensus that the .223 is at the bottom rung of the "high-powered" calibers, then Glenn probably would not have heard so many discussions complaining about how poorly it performs relative to other, more powerful "high-powered" calibers. Instead, these comparisons would not be made at all. On the wimpiness scale, a .22 is pretty tough to beat, but I have yet to hear anyone gripe about how "wimpy" his .22 is, compared to a .30-06.
January 09, 2003
Berkeley Gets the Government it Deserves
Well, it's official now.
The S.J. Mercury News reports that one of Tom Bates's first acts as mayor of Berkeley was to plead guilty to stealing 1,000 copies of UC Berkeley's student paper, the
Daily Californian (not to be confused with the
other Daily Californian, for whom
Howard Owens used to write) on Election Day. Bates' motive for stealing the papers? Simple: they endorsed his opponent! For this, Mr. Bates had to pay a fine ... a whopping $100, to be exact. If this sort of thing had happened anywhere else, one would hope that he'd have lost his job as well.
I'm sure we will hear from one or two Berkeleyans who will tell us they had no idea they were voting for a bully, and might instead have voted for the relatively pragmatic Shirley Dean if they had. I don't buy it. Bates has a long history as a bully who places his own political career ahead of the rights of voters. As I have previously noted here, Bates was also the nice guy who sued to have California's Proposition 140 (term limits) struck down as unconstitutional in 1997. Not "unconstitutional" under the California constitution, mind you - Prop 140 is part of the California constitution (Article 4, Section 2, to be exact). No, Bates's "unconstitutional" under some as-yet undiscovered "right" under the First and Fourteenth Amendments of the federal Constitution to be a career politician. And somehow, Bates did not see any reason to be bound by Legislature v. Eu, 54 Cal. 3d 492 (1991), (requires free registration) the Prop 140 challenge that had already been heard and rejected by the California Supreme Court.
Bringing the "constitutional" challenge took chutzpah on Bates's part, but it almost paid off. At the district court level, Bates persuaded Judge Claudia Wilken to swallow his theory hook, line and sinker. A three-judge panel of the Ninth Circuit saw the writing on the wall, and upheld the challenge on an alternative theory, namely that California voters were too stupid to distinguish Proposition 140, the lifetime term limits initiative they passed, from Proposition 131, the legislature's watered-down alternative. That decision was so poorly reason that it provoked outrage even from many newspapers (e.g., San Francisco Chronicle and the Los Angeles Times) which had long opposed Proposition 140 on the merits. In this case, for a change, our most reversed circuit had the good sense to reversing itself en banc and uphold Prop 140.
Of course, there was very little outrage in Berkeley at the time, as most Berkeleyans opposed term limits. As with the Prop 209 challenge, the Prop 227 challenge, and every other "constitutional" challenge to any ballot initiative they don't like, it's just fine to thwart democracy, especially if you can keep a straight face while dressing up your self-interest as some kind of "I'm fighting for your constitutional rights" heroism. What no one wanted to notice at the time, however, was that Bates' wasn't fighting for the little guy, for his constituents, for any reasonable interpretation of the Constitution, or for anything else except to preserve his own political career. With a track record like that, can anyone really be all that surprised to see that Bates has as little regard for the free exchange of ideas as he does for the democratic process?
Link via Instapundit.
January 06, 2003
Gun Control, British Style
CNN reports that the once again, the United Kingdom is poised to combat gun crime by passing
more of the same gun laws that have failed miserably in the past. This pattern of passing a bad law, watching it fail, and then citing that law's failure as proof of the need for more bad laws just like it has gotten so predictable as to border on the comical. It's a little like that old Peanuts strip in which Charlie Brown assured his team that they would win the game as long as they remembered to grit their teeth. That strategy failed, of course, but the lesson was lost on Charlie Brown, who immediately concluded that he must not have been gritting his teeth hard enough.
January 05, 2003
But Gee, There is a First Amendment, and a Third . . .
Bob Egelko of the San Francisco Chronicle
reported last month that the Ninth Circuit's
judicial nullification of the
Second Amendment is likely to end up before the U.S. Supreme Court. It's an interesting theory, and one that I hope is correct given the relative consistency with which the U.S. Supreme Court has
ruled in dicta that the Second Amendment means what it says. A little fact-checking on the Chronicle article is in order, however on a couple of points. To wit:
Among his decisions that have been overturned by the high court were rulings that would have established a constitutional right to doctor-assisted suicide and would have struck down California's term-limits law. Reinhardt's rulings have contributed heavily to the Ninth Circuit's record as the nation's most-reversed appellate court.
It is true that the Ninth Circuit's horrendous reversal rate has a lot to do with Judge Reinhardt, but his ruling in
Bates v. Jones, the notorious case in which Berkeley's new mayor and then-assembly Tom Bates (yeah, the same Tom Bates who more recently
stole a stack of copies of the Daily Californian on Election Day to prevent students from reading the paper's endorsement of his opponent, then-mayor Shirley Dean) attempted to sue his way back into the Assembly, is not a good example of this. That ruling was too wacky even for Reinhardt's own circuit, which
promptly reversed his ill-conceived ruling en banc. The U.S. Supreme Court did not rule on that case at all.
Several analysts questioned whether the California case was a good candidate for Supreme Court review. UC Berkeley law Professor Jesse Choper said the court was more likely to intervene after some lower court used the Second Amendment to overturn a gun law. Others cited procedural obstacles, including the still-unanswered question of whether the Second Amendment applies to state laws.
The "incorporation" issue may well be an unanswered question in circuits other than the Ninth, but didn't Judge Reinhardt effectively answer that question by ruling on the constitutionality of California's "assault" rifle ban at all? If not, then his entire decision ought to be vacated on grounds of mootness.
Link via Shark Blog.
January 03, 2003
Doctors and Guns
Cable "News" Network reports in its
"health" section that Jeffrey Coben of the
Allegheny General Hospital's Center for Violence and Injury Control has determined that gun injuries cost hospitals $802 million nationwide. Conspicuously absent from this story are:
- A baseline figure for total hospital costs, absent which it is impossible to tell if $802 million is a collossal amount, a modest figure, or a drop in the bucket.
- An estimate of how much of the $802 million attributed to guns would have occurred with or without the gun.
- Any estimate of the savings to hospitals generated by the injuries averted through the defensive use of guns.
- Any information on any political agendas (or, for another example, click here) that may compromise the objectivity of the CVIC, Mr. Coben, or anyone else involved.
- Any explanation as to what, exactly, the gun control has to do with the practice of medicine
- Any projections of what we can expect next. Perhaps an estimate by the American Bar Association, a more explicitly anti-gun-owner organization (though also one that happily claims to represent "all segments of the legal profession," presumably including me) decrying the amount of hours billed by plaintiff attorneys representing gunshot victims? Or perhaps, under the theory that gun control = medicine, we can expect medical advice from the NRA?
I trust that CNN will be "fair and balanced" enough to pursue this story further and get to the bottom of it. Oh, wait, I almost forgot! That's not CNN's slogan, but
their right wing competitor's! Far be it from me to expect such right-wing traits as fairness or balance from the
liberalmainstream media.
December 23, 2002
Stupid Guns for Stupid People
Not content with the bad publicity it got during election season, the State of New Jersey has just
earned itself the dubious honor of becoming the first state to prohibit all handguns that do not contain "smart-gun" technology. Here's what Governor James McGreevey has to say for this turkey:
"This is common-sense legislation. There are safety regulations on cars, on toys. It's clearly time we have safety regulations on handguns," Gov. James E. McGreevey said at Monday's bill signing ceremony
"Common sense?" If the perceived need for "smart" guns were all that common, one might think that maybe at least one other state (or country, for that matter) might have enacted it already. If it were "sense," they might have wanted to hold off on the vote until the technology were ready for prime time. In addition, Peter Saharko's piece casually ignores the fact that unlike those "common sense" safety regulations applicable to cars and toys, the proposed law contains a built-in exemption for police officers. Why the police exemption, Sahako might have asked (but didn't)? In principle, that makes no more sense than a police exemption for car safety regulations. We don't want cops carrying unsafe guns any more than we want them driving unsafe cars, so what exactly is New Jersey trying to exempt its cops from?
This issue has never really been about safer guns; it's about using citizens as guinea pigs to test a technology that may or may not end up doing what it is supposed to do. Cops don't trust that technology at this stage, and neither should you.