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calendar   Monday - March 17, 2008

Another NJ bill to disarm the law abiding public

NJ introduces ammo numbering bill designed to turn all gun owners into criminals

Here we go again. Another piece of unworkable, unsafe, ultra-expensive piece of anti-gun legislation has been put in the New Jersey legislative pipeline. Another benighted effort to “fight crime” that will only add to the overwhelming power of the State Police and turn many law abiding gun owners into de facto criminals. These left wing dingbats never stop. They never think through the reprocussions of their bills, because not one of them understands the smallest thing about firearms and the gun owning public.

NJ bill A2490 - four pages of total stupid

Sure guys, every one of the thousands of ammunition manufacturers that can churn out a million rounds a day is going to stop their factory every 50 rounds to stamp a different serial number on the bullet and case, and they’ll also happily invest another fortune to make sure those 50 bullets line up with those 50 cases. No, what they’ll do is just stop selling their products in NJ, which is exactly what the hidden agenda of this bill desires.

And for all you good citizens, you’d better shoot up all your ammo now AND get rid of all your unnumbered reloading supplies, because this bill turns you into a criminal in a year. And you’d better run out and buy up and then shoot off all your dealer’s current supply of ammo, because that becomes illegal at the same time. But don’t worry. When this bill passes, your dealer will soon be out of business anyway from the expense of all the extra record keeping. Expect the State Police budget to triple, since they’re the ones who will have to maintain the database of how many bullets everyone owns.

Fucking idiots. Why can’t they pass a law that slaps these legislators in the balls with a leather belt for such stupidity? Hey, if they’re going to act like numbnuts, let’s make sure they really are numbnuts.


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Posted by Drew458   United States  on 03/17/2008 at 05:15 PM   
Filed Under: • Guns and Gun Control •  
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calendar   Saturday - March 15, 2008

What, no “gun amnesty” in Britian?

Man hands in machine gun . . and is jailed

Via the Liverpool Echo

A young man was praised by a judge for handing in a sub-machine gun to police, and then jailed for two-and-a-half years. Shaun Wood voluntarily handed in the weapon, which he had been looking after for an associate for three months, after crumbling under the pressure of “minding” it. At Liverpool crown court yesterday, Judge Sean Duncan described his decision as “brave”, but handed him a reduced term for possessing a prohibited weapon.

The court heard Wood had run up a debt with his Childwall drug dealer after losing his job. To pay off the £200 cannabis bill, he agreed to store small amounts of the drug at his home in Clayford Crescent, Knotty Ash. The court heard the 22-year-old was ordered to hold increasingly serious drugs, including crack cocaine, until he was given the Mac sub-machine gun and ammunition. But Charles Lander, prosecuting, said the pressure got to Wood. He picked up the gun, which was hidden under floorboards, and began to walk around Southport. He eventually went in to the town’s police station where, “visibly shaking and distressed”, he voluntarily handed it over to police officers. Wood told them he simply wanted to get rid of the gun and had been contemplating suicide. He admitting loading bullets, but said he had been unable to sleep while it was in his house. Wood, who admitted possession of a prohibited weapon and ammunition on November 7 last year, has no previous offences.

Despite accepting Wood must have had “some fascination at first” to fit the gun’s magazine, Judge Duncan added: “If people are brave enough to come forward and hand in guns, the courts will acknowledge that bravery.”

Such an acknowledgement. Gee, only 2 1/2 years in the tanty for getting a machine gun off the streets. And you know he probably ratted out the drug dealer too. So they’ll both be in prison together. What do you think the odds are of this kid’s survival? About equal to a soap herring in a whirlpool?

Charles Lander, prosecuting, told the court the pressure got to Wood, who had repeatedly asked for the gun to be removed from his home, after three months holding the weapon.
...
“There is no intelligence police had that he was on the radar. They knew nothing about him until he came and handed the weapon in.”

Aha, now I see what the problem is. Causing the constables a bit of embarassment by showing everyone how inept they are is a worse offense than hiding a MAC-10 in the closet. Yup, send this guy off to jail, and let’s forget the whole thing ever happened.

Maybe young Mr. Wood should have told the judge that he only did the crime because of his drug addiction. Like we posted the other day, that should have cut his sentence in half. Wait, wait, he DID tell them exactly this, and they DID cut the mandatory sentence in half!! So, what was the benefit of being brave and doing the right thing? Exactly NOTHING. Oh yeah, expect the illegal firearms to be turned in at a record pace from now on. bat


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Posted by Drew458   United States  on 03/15/2008 at 03:53 PM   
Filed Under: • CrimeGuns and Gun Control •  
Comments (2) Trackbacks(0)  Permalink •  

calendar   Thursday - March 13, 2008

DC to copy Boston’s Dumb Idea

D.C. Mayor, Police Chief Announce New Anti-Gun Plan: Door to Door Home Searches Without Warrants

A week before SCOTUS starts on Heller, Washington DC mayor Fenty announces that the city is going to enact it’s version of Boston’s “Safe Homes” plan. Fourth Amendment? We don’ need no steenkin Fourth Amendment!! That’s right, the DC plan, called the “Safe Homes Initiative” will have the local cops going door to door asking people if it’s Ok if they come in and search your house. No warrants. No Reasonable Cause. No reason at all, but they’ll ask nicely and say “pretty please”. In theory they’re only looking for illegal drugs and illegal firearms, and the whole thing is an “amnesty program”.

No word yet on whether these officers will be issued jackboots ahead of time. Is it true that all such “visits” will be conducted in the middle of the night?

Holly Shiite, we’ve become a police state. And there are people, thousands and thousands of people, who think this is a great idea.

D.C. Mayor Adrian M. Fenty (D) and Police Chief Cathy L. Lanier announced several new initiatives today aimed at combating gun crimes, including one encouraging residents to submit to voluntary searches of their homes in exchange for amnesty if the residents have illegal guns or drugs.

The “safe homes initiative” is aimed at residents, such as parents or guardians who know or suspect their children have guns in their home, who want to cooperate with police, Lanier said.

“If we come across illegal contraband, we will confiscate it,” Lanier said. “But amnesty means amnesty. We’re trying to get guns and drugs off the street.”

All seized guns will be tested to see whether they have been used in criminal activity. If they have, police may initiate a criminal investigation, Lanier said.

The program will begin March 24 in the Washington Highlands area of Southeast Washington, where officers will go door to door asking residents for permission to search their homes. It will then expand to other areas of the city.

In addition to the safe homes initiative, D.C. police are starting to hold monthly meetings with law enforcement partners to identify trends in gun-related crimes.

“We are not satisfied with the number of guns on the streets of the District of Columbia,” Fenty said.

This doesn’t seem like that big a story. But this is now the second city in the USA to enact such a plan in the last 4 months. That’s about the most frightening thing I’ve ever written. This isn’t an anti-gun initiative, it’s a Gestapo move against civil rights. I don’t care if your kid is a mess and you are the worst parent on the planet ... your kid; your problem. Deal. You do not let the cops play door-to-door daddy ever, because they’ll get used to that kind of power in one damned big hurry. Just say NO. Politely. Then close and bar the door. Then call your lawyer.

h/t to Ravenwood’s Universe


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Posted by Drew458   United States  on 03/13/2008 at 12:32 AM   
Filed Under: • GovernmentGuns and Gun Control •  
Comments (7) Trackbacks(0)  Permalink •  

calendar   Tuesday - March 04, 2008

Hurry Up Heller

NJ Legislature Pushes For Gun Rationing





A correct and sweeping decision in DC v Heller can’t happen fast enough!

In a benighted effort to disarm criminal gangs, NJ has passed Assembly Bill 339 out of committee and towards the Senate floor for a vote. Committee members approved the measure 5-1. The bill limits firearms permit holders, who have already passed a thorough background check, to purchasing only one handgun per month.

10 STATEMENT
11
12
13 This bill regulates the sale and purchase of handguns by
14 prohibiting a person from purchasing more than one handgun in a
15 calendar month.
16 Under the provisions of the bill, the holder of a handgun
17 purchaser permit may buy only one gun in a calendar month. The
18 bill also prohibits licensed retail firearms dealers from knowingly
19 delivering more than one handgun to any particular person in a
20 calendar month.
21 A buyer or seller who violates the provisions of the bill would be
22 guilty of a crime of the fourth degree. Fourth degree crimes are
23 punishable by imprisonment of up to 18 months, a fine of up to
24 $10,000, or both.

The bill does not apply to rifles or shotguns. I guess NJ is happy and eager for it’s law abiding citizens to buy them dozens at a time.

Is this bill really necessary? How is this going to stop crime? The idea behind the bill is obvious, and rather insulting. The idea is that people are legally buying pistols in bulk quantities and then “losing” them or having them “stolen” shortly thereafter. The insult is that the government is making the assumption that anyone who purchases several handguns at a time is actually making a de facto straw purchase for criminals and then exploiting a legal loophole to avoid prosecution. Gee thanks NJ. Even after a county, state, and federal background search that proves I am neither a criminal nor a mental patient, the assumption is that I am a crook.

Given the media’s phobic attitude towards guns, is it even possible that one such “crime” has occurred and the story not become major headlines? Has there been a single prosecution of a straw purchase enacted through circumstances of false loss or theft? Not that I’ve heard and this is one of the things I listen very carefully for.

The other possible reasoning behind the bill is equally insulting. This is the Super Nanny concept that says I can own guns, but I can only own so many of a certain type or acquire them at a slow and careful rate. NJ doesn’t want me to get my hands on too many pistols at the same time. They’re probably afraid that they’ll metastasize into some sort of critical mass in my closet and go off on a shooting rampage all by themselves.

NJ bill 339
blurb from the NRA/ILA


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Posted by Drew458   United States  on 03/04/2008 at 02:39 PM   
Filed Under: • GovernmentGuns and Gun Control •  
Comments (1) Trackbacks(0)  Permalink •  

calendar   Monday - March 03, 2008

The state of RKBA in a nutshell

The Full History and True Meaning of the Second Amendment, along with the Evolution of Gun Control Law through the ages

Kevin over at the Smallest Minority posts a whopper of an essay; Of Law And Sausages is a 13,000 word read worthy of Bill Whittle and worth the hour it takes to read. Believe it or not, this is tight writing. He could have easily made it twice as big.

Back in May of 2003 when I started this blog, I had just begun a months-long debate with an Irishman living in London. The topic of that debate, unsurprisingly, was the Second Amendment. During that debate he asked me a question: “(L)et’s say a liberal government came to power and wanted to ban gun ownership. It would not be able to, because of the Second Amendment, right?”

That’s the question, alright. When the Supreme Court takes up District of Columbia v. Heller (née Parker v. D.C.) in a few days, we may finally get an answer to it.

After starting out with a “state of the state” that shows the very flawed beliefs held today, he then goes on to investigate the Second, citing many examples of Original Intent, and shows how the evolution of gun control laws have developed, with each one standing on the shoulders of the fallacies built by previous legislation, from the original and legally proper, if not poorly reasoned, reaction of the Kentucky legislation to their loss in Bliss v. Commonwealth in 1822, up through Cruikshank, Presser, Miller, Cases, and all the way to DC v. Heller which the Supremes will start looking at in a few days.

So from the founding of a nation in which, according to Thomas Jefferson, it is a citizen’s “right and duty to be at all times armed,” a nation in which St. George Tucker understood that the constitution could not be used to “permit any prohibition of arms to the people,” a nation where in 1857 the Supreme Court declared that the Second Amendment protected a right of citizens “to keep and carry arms wherever they went,” where in 1939 the Supreme Court ruled - not on a defendant’s membership in a militia, but on the suitability of his weapon for militia use, we reached the point where the right of individuals somehow became a right of the States - the famous shift from an “individual rights” understanding to a “collective rights” interpretation. Moreover, “no individual even has standing to challenge any law restricting firearm possession or use.” At least not in the Ninth Circuit (where I happen to live.)

The extinction of the right to arms was almost complete. The meaning of the Second Amendment of the Constitution was altered without the use of the Amendment process - merely by the repeated death-by-a-thousand-cuts judicial re-interpretation, and the power of stare decisis.

Now we reach today, and D.C. v. Heller. The city of Washington D.C., a Federal District under control of Congress and most emphatically not a “state,” passed what is essentially a complete ban on the possession of functional firearms by its (law-abiding) residents in 1975. Because Washington D.C. is not a state, the Cruikshank and Presser Supreme Court decisions do not have any influence - the Second Amendment applies directly to the city government. A lawsuit was brought against the city under the auspices that the gun ban violated the Second Amendment rights of the citizens of Washington, and the case proceeded all the way to the D.C. Circuit Court of Appeals, considered one of the most important circuits in the Appeals Court system for its precedent-setting.

A three-judge panel voted 2-1 that the right to arms IS an individual one (agreeing with the Fifth Circuit) and that the laws in question DID violate the Second Amendment.

The City appealed to the Supreme Court. Cert. was granted. Oral arguments start in just a few days from now.

And we may finally get an answer to the question: “(L)et’s say a liberal government came to power and wanted to ban gun ownership. It would not be able to, because of the Second Amendment, right?”

This is a Most Excellent undertaking on his part. He draws no conclusions at the end, even though we all know what his views are, even though the errors made by poor and specious decisions in the past are readily apparent. I could not have resisted banging the podium in closing, but in truth it isn’t necessary. If you can understand the part of the Second Amendment that says “shall not be infringed” then you can spot the house of cards being built out of whole cloth over the generations. This reference quality piece of work is the best of what blogging can be; Kevin’s essay could just as well be used as an amicus curiae brief for Heller.

A true and proper decision on Heller will overturn 130 years of bogus laws and benighted decisions by the Supremes. Hold your breath. Anarchy and “the Wild West” will not be the result, but a bit of freedom and some honest governing could be. (see? I couldn’t resist giving the bully pulpit at least one whack)


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Posted by Drew458   United States  on 03/03/2008 at 08:43 PM   
Filed Under: • GovernmentGuns and Gun Control •  
Comments (3) Trackbacks(0)  Permalink •  

calendar   Tuesday - February 26, 2008

safety reminder for journalists … um, I mean reloaders

All you gunnies have seen stories like this before. Here’s another one. You can’t be reminded too often. Watch everything. Verify everything. Never assume anything. Like the carpenters say, measure twice and cut once. Luckily the shooter involved is going to live. He only lost part of his hand.

A bit of info for non-reloaders: there are several hundred different kinds of gunpowder on the market. Each one burns at a slightly different rate than the others. Each one may be perfect for one kind of cartridge but dangerously wrong for another kind. Unfortunately, some very different kinds of gunpowder have similar names. This is a case of what happens when you don’t pay attention, and use “#7”, a very fast pistol powder, instead of “Reloader 7”, a medium speed rifle powder. Had the shooter used “sp 7”, a rather slow rifle powder, not only would the gun not have blown up, the bullet would have barely made it out the end of the barrel. Another thing that made the situation worse is the rifle itself. The Marlin 1895 is a well made modern rifle based on an old design. It is plenty strong enough to handle the pressures generated by any sane loading of the cartridge it is chambered for, but it will break when those pressures get to the insane level. This accidental loading may not have blown up in a stronger rifle, but then again it may have. Steel is only so strong, and these pressures are approaching the burst strength of even the best steel.

here’s the original in a gun forum

Accurate #7 is not Reloader 7



image



image



image




Just a little reminder ... pay attention ... be careful ... don’t be a dummy ... or a statistic.


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Posted by Drew458   United States  on 02/26/2008 at 03:51 PM   
Filed Under: • Guns and Gun ControlStoopid-People •  
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calendar   Saturday - February 09, 2008

DC v. Heller update - latest amicus curiae

Dick Cheney and 305 Congressional Representatives

sign Pro Second Amendment amicus curiae brief for Heller

via NRA-ILA

Led by Sen. Kay Bailey Hutchison (R-Texas), bi-partisan majorities of the U.S. Senate and House of Representatives - in fact, the largest number of co-signers of a congressional amicus brief in American history - filed a strong brief in support of the individual rights view. 55 members of the Senate and 250 members of the House co-signed this brief along with the Vice President of the United States. This landmark brief argues that the Second Amendment guarantees an individual, fundamental right to Keep and Bear Arms; that any infringement on this right should be subject to the highest level of constitutional scrutiny; that D.C.’s categorical ban on handguns and self-defense in the home is unreasonable and unconstitutional under any level of review; and therefore, that the Court of Appeals for the D.C. Circuit’s opinion in this case should be upheld.

Very nice of them. If you would like to see who supports this Constitutional right, the list is here. “D"s and “R"s you have to supply yourself. I noticed that the one rep from my state of NJ who signed it, Scott Garrett of the 5th district up near my red corner of the state, is a Republican.

The brief itself is here. It traces the history of the Second Amendment and the various acts of federal gun control over the history of our country, including the Reconstruction Era Freedmen’s Bureau Act of 1866, and repeatedly shows that the federal government view is that 2A is an individual right of the people. Not a collective right of the people. Not a right of the States - which they point out have no “rights” only “powers”. The only quibble I can make is that they pull some “modern common sense” out of thin air and say:

The Second Amendment refers to the right to “keep” arms (such as at home) as well as to “bear” arms (meaning to carry them). Protected arms include commonly-kept firearms that one can keep and carry for lawful purposes, such as ordinary rifles, handguns, and shotguns, and not crew-served or heavy weapons.

Because when the British came for the Colonists at Lexington on that fateful day in April, they weren’t coming to seize a few pistols. They came to take the cannons. Three of those cannon were 24 pounders, which were the biggest seige guns of the day. Granted, artillery today is a far, far cry from the field pieces back then, but the fact remains that the Second Amendment does NOT say small arms. It says arms. The prohibitions against artillery, machine guns, WMDs etc. came later, though they are just as unconstitutional as DC’s gun ban laws.

A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed

Nope, it don’t say nothing about what type of arms, or whether they are “small” or not.




In other gun news, the drunken nitwit from Massachusetts is pushing his microstamping bill, S.2605, while fellow useless tool Xavier Becerra brought the parallel bill, H.R.5266, to the House. Both are sitting in their respective Judiciary Committees. Time to warm up the pens again.


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Posted by Drew458   United States  on 02/09/2008 at 02:30 AM   
Filed Under: • Guns and Gun Control •  
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calendar   Friday - February 01, 2008

Brady group full of nonsense as usual

Latest Bull from Brady

Brady Campaign releases latest “scorecard” on gun laws in the Several States. “Most states lack common sense gun restrictions”; naturally Brady has the exclusive moral high ground to define “common sense”. Which they utterly lack. Funny thing is, the states at the top of their list are also the states with the highest levels of crime, gang violence, and left leaning politics. Too bad they didn’t have the balls to put Washington DC on their list. I cut and pasted the top and the bottom of their list; you can read the whole thing here if you don’t see your state.

image

Officials in most states have done little to keep criminals and other dangerous people from easily obtaining guns, according to the Brady Campaign to Prevent Gun Violence. The new redesigned scorecards are being released today for all 50 states.

Two-thirds of all states score less than 20 points out of 100. Almost half of all states score 10 points or less out of 100.

“We make it too easy for dangerous people to get dangerous weapons. Our gun laws are so weak that, in most states, there are few or no laws to prevent gun violence,” says Paul Helmke, President of the Brady Campaign to Prevent Gun Violence. “This is true at the federal level as well. We need effective gun laws to curb gun violence and illegal gun trafficking.”

My God, the level of stupid here is right off the scales. The entire statement is a compendium of lies. Who buys this bullshit?

“While advocates and officials deserve credit for strong gun laws in states like California, New Jersey, Maryland, Massachusetts, Connecticut, and New York, even more needs to be done in these, and all, states to ensure that dangerous people don’t have easy access to guns,” said Helmke.

The Brady Campaign scorecards provide a new and redesigned analysis of whether states are enacting the laws needed to protect citizens from gun violence. The new scorecards also show states how their gun laws can be strengthened and their scores improved.

The categories covered by the 2007 scorecards are as follows:

—States can earn up to 35 points by taking all measures needed to “Curb
Firearm Trafficking.” States can fully regulate the gun dealers within
their borders, limit bulk purchases of handguns, provide police certain
technology to identify crime guns, and require lost or stolen guns to
be reported to the police.

—States can earn up to 25 points by “Strengthening Brady Background
Checks.” This involves requiring background checks on all gun sales
and requiring a permit in order to purchase firearms.  Short of
universal background checks, states can also close the gun show
loophole, at least requiring background checks for all gun show sales.

—States can earn up to 20 points by “Protecting Child Safety” when it
comes to guns.  States can require that only childproof handguns be
sold within their borders, require child safety locks to be sold with
each handgun, hold adults accountable for keeping guns away from kids
and teens, and require handgun purchasers to be at least 21 years of
age.

—States can earn up to 10 points by “Banning Military-style Assault
Weapons,” as well as banning high-capacity ammunition magazines.

—States can earn up to 10 points by making it harder to carry “Guns In
Public Places” (except for trained law enforcement and security) and by
allowing localities to “Preserve Local Control” over municipal gun
laws.  This includes keeping guns out of workplaces and college
campuses, not forcing law enforcement to issue concealed handgun
permits on demand, not permitting “shoot first” expansions in self-
defense laws, and not preventing municipalities from passing their own
gun laws.

We acknowledge the research of Legal Community Against Violence on state gun laws. Their publication, “Regulating Guns in America,” and website served as a basis for our analysis. For more information about Legal Community Against Violence, see http://www.lcav.org.

I know I’m preaching to the choir here, but I guess I need to say it yet again. Not a single one of the Brady rating points does a thing to make the lives of law abiding citizens safer. None of them do anything to prevent crime. Many of their points are already covered by federal laws. The child safety locks laws bring the nanny state right into your home and replace responsible parental behavior with state laws. And the “not preventing municipalities from passing their own gun laws” is a Brady wet dream that has failed in the courts time after time after time.

But the Brady idiots do us a nice favor here. Simply read their chart in reverse to see what level of freedom exists in your state. 


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Posted by Drew458   United States  on 02/01/2008 at 06:48 PM   
Filed Under: • Guns and Gun ControlStoopid-People •  
Comments (11) Trackbacks(0)  Permalink •  

calendar   Wednesday - January 23, 2008

National “Hug your guns and thank god you’re an American” day

As noted at View From The Porch, today is John Moses Browning’s birthday. Born 153 years ago, “St. John” was one of the most prolific and talented firearms designers who ever lived.  With 128 gun patents to his name, you probably own at least one firearm or cartridge that he designed.

big_us_flag  image big_us_flag

PS - you can still buy the rifle he’s holding


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Posted by
Drew458   United States  on 01/23/2008 at 07:06 PM   
Filed Under: • Guns and Gun Control •  
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Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:
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