Month: July 2012

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US Refuses To Sign Arms Trade Treaty According To CCRKBA

July 27, 2012 by 2 Comments

The Citizens Committee for the Right to Keep and Bear Arms just sent out a news flash a few minutes ago applauding the United States for its refusal to sign the UN’s Arms Trade Treaty. They said the announcement was made in New York this morning.

I did see that Russia is refusing to sign the draft treaty saying they are dissatisfied with it and the draft needs more work.

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today applauds the decision by the United States to not sign the proposed International Arms Trade Treaty, and CCRKBA credits grassroots action for the gun rights victory.

CCRKBA Chairman Alan Gottlieb, who is at the United Nations in New York, said the announcement came Friday morning after a week of intense negotiations.

“I think the grassroots surge by American gun owners against this treaty convinced our government to not sign this document,” Gottlieb said. “The proposed treaty, as written, poses serious problems for our gun rights, and the sovereignty of our Second Amendment.”

CCRKBA has been active in raising public awareness about the proposed treaty, and Gottlieb said he is proud of members and supporters who made “stepped up to the plate” and contacted their U.S. senators.

“This is freedom in action,” Gottlieb stated. “We are gratified that so many did so much to protect their Second Amendment rights from an international gun rights grab.

UPDATE:  According to Colum Lynch, UN reporter for the Washington Post and Turtle Bay blogger for Foreign Policy Magazine, the US isn’t actually refusing to sign the ATT. They and the Russians are putting out a joint statement saying that they need more to study the proposed treaty. From his Tweet on the subject, “UN diplomat said Washington wants to put off action on a new arms trade treaty, after the US election.”

From his blog:

The United States upended a major international treaty negotiation, telling foreign delegates at the final session today that they needed more time to consider the pact. Some diplomats said that Washington is seeking another six months, pushing off any decision on the politically sensitive treaty until after the U.S. election. Russia, Indonesia, and India also asked for more time.

Thomas Countryman, U.S. deputy secretary of state for international security and nonproliferation, informed representatives of the U.N.’s 193 member states that the United States still needed time to consider the text.

He continues:

The United States told delegates that it did not have “core” objections to the draft treaty under consideration, but that it needed more time, saying that while the U.N. negotiations have been playing out since July 2, they only received the final text in the past 24 hours.

In my opinion this is something for great concern. That the US doesn’t have “core” objections and wants to wait until after the election spells trouble for gun rights. I say this because they have no real objections to a treaty that, despite their denials, has negative implications for the Second Amendment. Moreover, putting it off until after the election means a treaty could be approved by a lame duck US Senate. This may seem paranoid but I don’t trust either Obama or his State Department on this issue.

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SAF Files Suit In Missouri Over Concealed Carry For Legal Immigrants

July 27, 2012 by 8 Comments

In a case that is similar to their winning efforts against the City of Omaha, the Second Amendment Foundation has filed suit in Federal District Court on behalf of a Canadian who is a legal permanent resident. Edward Plastino resides just north of St. Louis and is seeking to obtain a Missouri concealed carry permit but is prohibited by law. As noted here a number of times in the past, discrimination based upon alienage is considered suspect and is subject to strict scrutiny.

From the SAF release:

BELLEVUE, WA – The Second Amendment Foundation has filed a federal lawsuit on behalf of a Canadian citizen who is a legal resident of Missouri, challenging that state’s statutory prohibition on the carrying of concealed firearms by non-citizens.

The case seeks to overturn the state’s non-citizen concealed carry ban on constitutional grounds, specifically the Second Amendment right to keep and bear arms, and the 14th Amendment’s equal protection clause. The plaintiff is Edward F. Plastino, a Canadian citizen and Status Indian, based on his partial Chippewa heritage. He has lived primarily in this country since 1995, and in Missouri since 2006. SAF and Plastino are represented by attorneys Matthew Singer of St. Louis and David Sigale of Glen Ellyn, Ill.

“This is a case similar to our successful lawsuits against the City of Omaha and Washington State, and our current action in New Mexico, challenging local gun laws that discriminate against legal resident aliens,” said SAF founder and Executive Vice President Alan Gottlieb. “Mister Plastino can legally carry a firearm openly in Missouri, but he cannot legally conceal a firearm for personal protection. That simply does not make sense.”

Plastino was in Mississippi during Hurricane Katrina and its immediate aftermath, but his employer transferred him to St. Louis and then to St. Charles, Mo.

“Mr. Plastino would carry a concealed firearm for personal protection,” Gottlieb said, “except that he realizes he could face prosecution, fine and imprisonment, and other repercussions because he is a non-citizen.”

Defendants in the case are Missouri Attorney General Chris Koster and St. Charles County Sheriff Tom Neer, in their respective official capacities.

“Mr. Plastino has lived and worked in the United States for more than a decade,” Gottlieb noted. “His case represents the plight of untold numbers of legal resident aliens who have demonstrated their willingness to be good members of their communities and abide by our laws. It seems only right to allow them the same protections as our citizens against people who do not abide by our laws.”

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Never Letting A Tragedy Go To Waste

July 27, 2012 by 3 Comments

The gun prohibitionists never let a tragedy go to waste. A gaggle of Democrat Senators led by Frank Lautenberg (D-NJ) and Chuck Schumer (D-NY) have proposed an amendment to S. 3414, the Cybersecurity Act of 2012, that would ban all magazines, stripper clips, drums, and belts that would hold more than 10 rounds. They do carve out an exception for .22 LR.

This is similar to the bill that Rep. Carolyn McCarthy proposed following the shooting in Tucson in 2011. Like her bill, while you could possess a pre-ban mag, it doesn’t allow you to sell or transfer it.

Sen. Schumer defended the amendment on the floor of the Senate yesterday. The Hill has video of it here. He said in part,

“Maybe we could come together on guns if each side gave some,” Schumer said.

He suggested that Democrats make it clear that their goal is not to repeal the Second Amendment.

“The basic complaint is that the Chuck Schumers of the world want to take away your guns,” Schumer said of the argument made by gun lobbies. “I think it would be smart for those of us who want rational gun control to make it know that that’s not true at all.”

Schumer also pointed out that it would be reasonable for the right to recognize that background checks on those buying guns is necessary — as called for in the Brady law. He also said average Americans don’t need an assault weapon to go hunting or protect themselves.

“We can debate where to draw the line of reasonableness, but we might be able to come to an agreement in the middle,” Schumer said. “Maybe, maybe, maybe we can pass some laws that might, might, might stop some of the unnecessary casualties … maybe there’s a way we can some together and try to break through the log jam and make sure the country is a better place.”

The only problem when gun prohibitionists like Schumer and others of his ilk say “reasonableness”, “rational”, and “common sense” is that they expect those of us who favor gun rights to give up something so that we don’t lose even more stuff. I never see them proposing the end to any of the 20,000 plus bills that are already on the books.

As Sebastian said last night, it is good that this fight is now out in the open. Moreover, now that it is, we need to counter it.

The full text of Senate Amendment 2575 is below:

SA 2575. Mr. LAUTENBERG (for himself, Mrs. BOXER, Mr. REED, Mr. MENENDEZ, Mrs. GILLIBRAND, Mr. SCHUMER, and Mrs. FEINSTEIN) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following

SEC. __. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Definition.–Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:

“(30) The term `large capacity ammunition feeding device’–

“(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

“(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.”.

(b) Prohibitions.–Section 922 of such title is amended by inserting after subsection (u) the following:

“(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

“(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.

“(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.

“(2) Paragraph (1) shall not apply to–

“(A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

“(B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

“(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or

“(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.”.

(c) Penalties.–Section 924(a) of such title is amended by adding at the end the following:

“(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.”.

(d) Identification Markings.–Section 923(i) of such title is amended by adding at the end the following: “A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.”.

– Posted using BlogPress from my iPad

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This Is A Change – A TV Station With A Pro-AR Story

July 27, 2012 by 1 Comment

WKRG-TV of Mobile, Alabama ran a story today about the AR-15 and, to a lesser extent, the AK-47. It featured an interview with a local gun dealer as well as local law enforcement and a couple of “men in the street.” They called it the best-selling rifle in America.

What I found refreshing about this report is that it didn’t treat the AR as an “evil black rifle”. The reporter cited FBI statistics that no murder was committed in Alabama during 2010 with a rifle. It even pointed out that a number of people were killed with fists. Another thing that I really liked is that the law enforcement officers were pro-gun. One officer made the point that people were killing one another long before firearms were invented – or, as he said, with sticks and stones.

The one anti-gun person was such a caricature that it adds a bit of levity to the story. You have to watch the short video to get what I mean.

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Jerry Ahern, RIP

July 26, 2012 by 10 Comments

If you are into post-apocalyptic fiction like I am, you know Jerry Ahern. He wrote a very popular series of books called The Survivalist which dealt with life after the US was nuked by the Soviets. This 27 book series began with Total War which was published in 1981.

Jerry was a gun guy and you knew it if you read any of his work. His protagonist in The Survivalist series, Dr. John Thomas Rourke, didn’t just carry a .357 Magnum. He carried a Colt Python .357 Magnum that had been given the MetaLife treatment and was MagNaPorted. Rourke’s favorite pistol was the Detonics CombatMaster 1911. He didn’t just carry one of these in a shoulder holster but two of them along with his A.G. Russell Sting stilletto.

Jerry must have really liked the Detonics because he became president of Detonics in their third iteration, Detonics USA. He ran the company from 2004-2007 and introduced the StreetMaster which was a full-size slide on the compact CombatMaster frame.

Jerry also wrote a monthly gun review article for Dillion Precision’s The Blue Press. His last one appeared in the June 2012 issue. He also blogged occasionally at Downrange.tv.

Shortly after I began this blog I asked Jerry to read over it and give me his opinion of it. He very graciously did so. He thought it looked good and called it “eclectic” which I took to be a great compliment. Encouragement from writers like Jerry is vital in the early days of a blog and I’ll always remember his kindness in giving it.

Jerry died on Tuesday after a battle with cancer. He was only 66. His family released the following statement on Facebook yesterday.

FROM THE FAMILIY: We just wanted to let all of Jerry’s friends know that their kind thoughts and wishes over the last few months have been greatly appreciated. Jerry wrote about how to survive most of life’s disaters, but, unfortunately he was unable to survive cancer. He put up a very strong fight, as we all knew he would, but on Tuesday morning he was overpowered by the disease and passed away. Please keep our family in your thoughts and prayers and please always remember Jerry as the wonderful Husband, Father, Grandfather, and friend that he was.

Evan Funeral Home in Jefferson, GA, Jerry’s home, posted this obituary.

Mr. Jerry Ahern, age 66, of Jefferson, passed away on Tuesday, July 24, 2012. Mr. Ahern was born in Chicago, ILL, a son to the late John and Arline Ahern. Jerry was an award winning, internationally known author of over 80 novels, including The Survivalist series, numerous non-fiction books as well as thousands of magazine articles. In recent years Jerry served as an editorial consultant. Additionally, Jerry was a strong supporter of the United States Constitution and Bill of Rights. Jerry had a strong Christian faith and led a vigorous and healthy lifestyle until a recent and aggressive cancer took his life. His positive and never give up attitude, as well as a good sense of humor, were a part of his day to day throughout. Jerry was deeply cherished and loved by his family; all those that knew him loved him. He had a strong devotion to his family.

Survivors include his wife of 43 years, Sharon Ahern, Jefferson, children, Samantha and Robert Akers, Commerce, Jason and Tracy Ahern, Buford, grandchildren, Olivia Akers, Alec, Aidan, Emily and Addison Ahern, nephew, George R. Smith, Hartwell.

A private family Memorial Service will be held on a later date.

With Jerry’s passing, we have lost another one of the good guys. Please keep his wife and family in your prayers.

UPDATE: Another remembrance of Jerry from Survival Weekly. 

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SAF Reacts To Lifting Of Stay In Woollard

July 26, 2012 by

The Second Amendment Foundation issued a statement yesterday saying that they were “delighted” with Judge Legg’s ruling lifting his stay in Woollard v. Sheridan. Judge Legg found his stay was not warranted.

BELLEVUE, WA – The Second Amendment Foundation is delighted that the judge in a Maryland case that challenges the constitutionality of that state’s handgun permitting scheme is ready to lift a stay on his original order for the state to process carry permits without a citizen having to provide a “good and substantial reason.’

U.S District Judge Benson Everett Legg will lift the stay on his original order in two weeks because, in his opinion, the stay “is not warranted.”

“There is no good reason for the state to continue violating the constitutional rights of its citizens just to maintain this burdensome and arbitrary system,” said SAF founder and Executive Vice President Alan M. Gottlieb. “As Judge Legg originally observed, the Second Amendment’s protections extend beyond the home.”

While it is possible that the state may file a motion with the Fourth Circuit Court of Appeals to impose a stay of Judge Legg’s order, the trial court precedent is an important one. It established that the Second Amendment right to bear arms does not stop at the door of one’s home.

“No citizen should be required to give a good and substantial’ reason in order to exercise a constitutionally-protected civil right,” Gottlieb observed. “In his order today, Judge Legg noted that the state has pointed to little in the way of truly irreparable injury that is likely to result should their request for a stay be denied’.”

The judge also noted, “If a stay is granted, a sizeable number of people will be precluded from exercising, while the case is argued on appeal, what this Court has recognized as a valid aspect of their Second Amendment right. In the First Amendment context, the Supreme Court has stated that loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury’.”

“It is time for the State of Maryland to understand that government cannot, and must not, be given blanket discretion in its perceived authority to interfere with the exercise of a constitutional right by law-abiding citizens,” Gottlieb said.

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Maryland Shall Issue On The Lifting Of The Stay In Woollard Decision

July 26, 2012 by 1 Comment

With US District Court Judge Benson Legg’s lifting of his temporary stay in Woollard v. Sheridan, the Maryland State Police will have to start processing carry permit applications without regard to the “good and substantial reason” requirement.

Maryland Shall Issue has released a 5-point analysis of what the lifting of the stay will mean for Marylanders.

  • On August 8th, MSP will begin to process carry permit applications without regard to the “good and substantial reason” clause that was ruled unconstitutional back in March. Please bear in mind that the state of Maryland may ask the Fourth Circuit Court of Appeals (CA4) for an emergency stay of the Woollard ruling. If they ask for a stay and it is granted, MSP may decide to “sit” on applications until the appeal is decided.
  • The appeal of the Woollard decision itself remains before CA4. They may side with the state and overturn the lower court’s ruling, or they may uphold the decision. While the order lifting the stay is unquestionably good news, appeal itself is far more important.
  • We anticipate that MSP will receive another flood of carry permit applications. While the law requires that MSP process permit applications within 90 days, the sheer volume of paperwork involved will make that deadline very difficult if not impossible to meet. The court system is inclined to give an entity like MSP some leeway if they are processing applications in good faith. MSI will be monitoring any delays to ensure that it is good faith delays.
  • Remember that while the appeals process plays out, it is possible that permits could be denied or revoked if CA4 or the Supreme Court rules in the state’s favor. To that end, we encourage you to avoid spending money that you cannot afford to lose in the process of applying for a carry permit.
  • Expect that Anti-2A forces in the Maryland General Assembly will press hard to find new ways to deny your rights.
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Touching The Third Rail

July 26, 2012 by 1 Comment

As Sebastian noted, President Obama is going for “gun bans and sales restrictions” with his speech to the National Urban League meeting in New Orleans.

In his speech, he made the obligatory dig at Congress and then said they had implemented things so that “background checks are now more thorough and complete.” I guess that is the reason BATFE just redid Form 4473 to ask a buyer’s ethnicity – Hispanic or Latino or Not Hispanic or Latino.

As to AKs, I prefer my Bulgarian AK-74 to the AK-47 that Obama thinks is more suited to the military. Not that the US military uses the AK-47, mind you.

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Arms Trade Treaty Catches The Attention Of Fox News

July 26, 2012 by

The major media outlets have been rather quiet about the Arms Trade Treaty talks going on at the UN in New York. This short report from Fox News seems to be the first one that I’ve seen on it outside of NRA News.

As part of the the story they interview Chris Cox of the NRA-ILA. Cox pointed out that shotguns, pistols, and rifles are what’s meant by “small arms”.

Watch the latest video at video.foxnews.com