Archive for category: RKBA

Bad Laws Make Bad Results

12 Aug
August 12, 2019

In the wake of El Paso and Dayton, we’re seeing the push again for so-called “Red Flag Laws”. For those of you who are unaware, these law purport to allow someone to make a complaint that someone else is a danger and should have his/her guns removed. If a judge agrees, then the police go remove the guns, and the owner must then prove (s)he is not a danger to get them returned. I have several problems with this.

  1. If a person is so dangerous, that it is in the community’s best interest that his/her guns are taken away, why is this person still allowed access to other dangerous implements – such as gasoline, lighters, knives, bats, automobiles? All of which have been used to kill more people than rifles? If a person is that dangerous, why are we not Baker Acting them and getting them held for 72 hours to determine if they are a danger to themselves or others? I would imagine because these red flag laws have much lower evidentiary requirements than an involuntary commitment. Which leads to my second point.

  2. Such laws are ripe for abuse, whether by people who are in a dispute, who hate guns, don’t like someone’s politics, or who want an unarmed victim. Many of the laws either passed or proposed have very broad categories of people who can make a complaint. The accused often have no chance to defend themselves before the cops show up at the door and seize their property – which has already led to one death in Maryland. The last time I looked at Florida’s statistics, almost all of the orders were overturned -which means people were deprived of their property and means of defense for no good reason.

  3. This also assumes that a person will receive his/her property back once the cops have seized it. Another part that’s ripe for abuse is what happens once the cops take the guns. There are all sorts of bureaucratic hurdles they can throw up to prevent them from returning a person’s property once the government has it – particularly if the government officials are anti-gun.

Proponents of this law are drawing out the Parkland shooter as an example, while ignoring the numerous times the government had ample evidence to take actions that would have made him a prohibited person, and unable to legally purchase a firearm. They will also point to people who are making “disturbing” comments. The problem with these laws, like most laws rushed after a dramatic and horrifying event, is that they are rarely applied to the kinds of people the laws purport to target. More often, the laws are used as broadly as possible (can anyone say PATRIOT Act?)

I Kinda Figured That Would Happen

25 Jul
July 25, 2019

After the election, but before all the new state officials were sworn in, I was advising all of my friends, readers, and acquaintances in Florida, “If you want your CCW or need to renew your CCW, do it NOW!” Why? Because I knew our new Commissioner of Agriculture and Consumer Affairs was bought and paid for by Bloomberg.

Less than a year in, and I get a mailer for the NRA-ILA, who is citing Florida Carry. (These two aren’t always the closest of allies.)

Mr. Eric Friday, a Jacksonville attorney and General Counsel for Florida Carry, reported today that “Despite the claims by the Commissioner there is ample evidence that the process for issuing Concealed Weapon Firearm License is not going as smoothly as she claims.”

“Florida Carry, Inc. has evidence that the Commissioner and her department are engaged in several processes to slow or delay Floridians’ ability to exercise their right to bear arms. These include using ‘secret’ evidence that the applicants and their lawyers are not allowed to see and refusing to grant formal evidence-based hearings as a matter of routine.”

“The department is also refusing to approve licenses based on decades old arrests that are not disqualifying and using other states’ (California and New Jersey among others) failure to respond to requests for records as a basis to indefinitely delay the issuance of licenses.”

“I am currently representing two clients regarding actions taken by the Department to deprive them of licenses without due process and based on information the Department knew or should have known was not reliable.”

Nikki’s doing her damndest to screw over Florida citizens on getting their CCW.

Reason Roundup

15 Jul
July 15, 2019

My browser is getting pretty full, and of course, a lot of those are links to articles from Reason. So, in the interest of closing browser tabs…

Irish democracy lives in New Zealand. Since the nation is pretty much an archipelago, I wonder how many “tragic boating accidents” gun owners have had down there.

From the Volokh Conspiracy comes an article about why we shouldn’t treat victims as policy experts. Both sides do it, and it’s just as wrong. Can victims become policy experts? Of course. However, using their stories to drive public policy is not a good idea. Laws named after victims are never good.

Clarence Thomas rarely speaks during SCOTUS sessions so he can bring his full force in written word. At least, that’s my head cannon. He’s disappointed me some over the last few years, but he’s still my favorite justice. Although Gorsich is quickly coming up fast.

Another good article on getting rid of qualified immunity. It’s a legal principle made up of whole cloth by judges to protect prosecutors and cops. Let the whole thing go over to the malpractice world, like most other professions.

Confessions Of a Former Climate Skeptic. A lot of folks I know think climate change is a hoax. Or if not a hoax, then it’s not as bad as the dire projections (some truth to that). I blame the activist scientists for that. The ones who immediately said that economies must be wrecked through invasive government schemes in the hopes that the Iron Law Of Bureaucracy can be subverted in this one instance. Unfortunately for both sides, climate change is real, but government cannot get us out of it. Human ingenuity and bringing people out of poverty are the keys.

Finally, we have a new law that stops the IRS from stealing money from people who have not broken the law. It’s like you need an actual crime to take people’s stuff.

Friday Quote – KrisAnne Hall

05 Jul
July 5, 2019

If exercising my right to keep and bear arms, my right to freedom of speech, or my right to religious liberty makes you uncomfortable, just remember… The exercise of rights is only uncomfortable to two classes of people – tyrants and slaves. Take a moment to classify yourself.

Friday Quote – KrisAnne Hall

14 Jun
June 14, 2019

If society is honest and historically accurate, the only question that has any relevance to the gun control debate is, “Do you trust those in government, now and forever in the future, to not take your life, liberty, or property through the force of government?” If the answer to that question is “no,” the gun control debate is over.

One Step Closer to An AWB on the Ballot

13 Jun
June 13, 2019

The Sun Sentinel is reporting the backers of putting an assault weapons ban on the 2020 ballot collected the 100,000 signatures needed to trigger a Supreme Court review. That’s the bad news.

The good news? First, they need to collect about 625,000 more signatures to actually put it on the ballot. Second, Governor DeSantis signed into a bill into law that makes it harder for out of state interests to push their BS onto the Florida constitution. Seriously, read the link. It’s a fucking hoot of pearl clutching goodness.

This also means that I no longer feel constrained if I see them collecting signatures. Oh, I’ll be polite, but I am going to ask the hard questions. I don’t expect to change the minds of the people collecting the signatures. I’m hoping to change the minds of the people within earshot.

The Arrest Of Coward Scot Peterson

06 Jun
June 6, 2019

First, go read Kevin’s and Miguel’s posts on the subject. Finished? Good.

I’m closer to Miguel’s POV on the charges. I also think the perjury charge is probably bullshit, but will be the charge in the end that Peterson will go to jail for. Broward is so ready to punish anyone for their county’s systemic failures, they’ll go with a bad case. Which will end badly because cops have no duty to protect individuals.

One can hope this is the case that overturns those horrific precedents. That cops, like damn near every other profession, will have a minimum duty of care to people under their direct care or purview.

My conspiracy side is wondering if they’re doing it this way to prove they’re doing something they know won’t work but will satisfy the public’s bloodlust.

NRA Shenanigans

01 May
May 1, 2019

It’s been a helluva week for the National Rifle Association. First, the lawsuit against Ack-Mac, then the letter published by Wayne alleging that Ollie North tried to blackmail Wayne into stepping down, North’s resignation, and then the secret Executive meetings where Wayne and Co were kept in place. Lots of recriminations and members are understandably frustrated. On top of all this, the New York AG is determined to use all means at her disposal to revoke the NRA’s non-profit status.

My few thoughts:

  1. I was listening to the Polite Socirty podcast, and Jeff Knox stated that LaPierre released a similar letter in 1996 when he was challenged previously. This throws some doubt on the authenticity of the blackmail attempt.

  2. Even if the blackmail wasn’t genuine, Ack-Mac needs to go. It’s been sucking up millions of dollars for not a whole lot of return.

  3. LaPierre needs to go. He’s long passed his usefulness, and I’m sure that his machinations behind the scenes have placed the organization into a position where the New York AG could wreak havoc on the NRA.

  4. We need to save the NRA, even if that means temporarily keeping some people I’d like to see depart. The anti-gun groups smell blood in the water and are chomping to take advantage wherever they can. The NRA is currently our best lobbying force at the federal level.

NRA Troubles

24 Apr
April 24, 2019

If you haven’t heard, the NRA sued it’s PR firm – which is most likely part of an internal struggle between factions. Taking advantage of the situation, Everytown sent a notice to the IRS to look into the NRA’s non-profit status.

John Richardson has been doing yeoman’s work reporting on what’s been happening. You should be reading him daily anyways.

For what it’s worth, I think the Ack-Mack deal has been poisonous to the NRA for at least the last fifteen years or so. Under its influence, the NRA has gone hard to the right in non-RKBA issues in order to satisfy what Ack-Mack considered the “core constituency.”

Yeah, that’s a great plan. Except for the small fact that it alienated large swaths of new gun owners and potential new gun voters. The ones who aren’t Republicans or conservative. People who would work for gun rights, but don’t want to support an organization that turns around and advocates against other positions that they hold dear.

The kinds of people that could help make the Second Amendment dangerous for either party to play with.

I would hate to see the NRA go down in flames. I hope responsible adults among the Board of Directors are able to save the organization. I also hope this episode forces the NRA to get back to focusing on its core mission with a big-tent perspective.

Tab Clearing

15 Apr
April 15, 2019

Work is insane right now, so I’ve got a bunch of articles I’d love to do more analysis, but I will have to just settle for letting my readers do their own.

National Review takes on the leftist view of a typical concealed carrier.

FEE discusses the humanity in the gun control debate.

An American Thinker article on whether or not the Second Civil War has begun. I think a Second Civil War will look less like the First Civil War and more like Beirut in the eighties or the breakup of Yugoslavia.

Reason discussing why the right going down the identity politics road is far more dangerous. Honestly, I worry about what happens if the Threeper continent is ever moved to true violence.

War Is Boring talking over the current Army program to replace the current small arms.

Finally, The Brother turned me on to this little site that prints pictures into glass. One of The Wife and me on our wedding day is hanging in my home office.