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"


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"


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"


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"


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"


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"


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"


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"


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"


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?"


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"


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"


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"


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"


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.

Posted by Xrlq at 12:57 PM | Comments (0) Technorati

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.

Posted by Xrlq at 11:47 AM | Comments (0) Technorati

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"


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:
  1. 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.
  2. An estimate of how much of the $802 million attributed to guns would have occurred with or without the gun.
  3. Any estimate of the savings to hospitals generated by the injuries averted through the defensive use of guns.
  4. 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.
  5. Any explanation as to what, exactly, the gun control has to do with the practice of medicine
  6. 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.