Month: December 2012

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December 15th Is Bill Of Rights Day

December 15, 2012 by

December 15th is Bill of Rights Day. Given the sad and tragic events of the preceding day, I think it goes without saying that we need to be on guard to protect all of the Bill of Rights from “meaningful action”.  While I sincerely doubt that “meaningful action” would infringe upon the Third Amendment, I have no doubt that it would impact rights guaranteed by the 1st, 2nd, 4th, 5th, and 6th.

The Bill of Rights – Full Text

Amendment I

Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances.

Amendment II

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.

Amendment III

No soldier shall, in time of peace be quartered in any house, without
the consent of the owner, nor in time of war, but in a manner to be
prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a grand jury,
except in cases arising in the land or naval forces, or in the militia,
when in actual service in time of war or public danger; nor shall any
person be subject for the same offense to be twice put in jeopardy of
life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for
public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the state and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses in his favor,
and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise reexamined in any court of the
United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution,
nor prohibited by it to the states, are reserved to the states
respectively, or to the people.

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Lisa’s Dilemma

December 14, 2012 by 9 Comments

Poor little Lisa. She has to decide if she wants to be governor or to satisfy the Chicago Democrats who have been some her biggest supporters.

Lisa is, of course, Illinois Attorney General Lisa Madigan. She is also the eldest daughter of Michael Madigan who is Speaker of the Illinois House of Representatives.

The decision Lisa must make is whether or not to appeal the decision of the 7th Circuit Court of Appeals in the cases of Moore v. Madigan and Shepard v. Madigan to the United States Supreme Court. The court’s decision mandates some sort of concealed carry law in Illinois in 180 days.

An interesting article in today’s St. Louis Post-Dispatch puts it this way:


Now Madigan, a Chicago Democrat who is widely viewed as a governor-in-waiting, faces a dilemma that is unique to Illinois: If she sides with gun-control advocates and appeals the ruling to the U.S. Supreme Court, she could deepen her party’s north-south regional rift while losing support from pro-gun downstate Democrats.

But if she lets the ruling stand, she could inadvertently end up as the face of concealed carry in Illinois, tarnishing her shining image with her core base of anti-gun Chicago Democrats.

While Chicago Democrats tend to be uniformly in the gun prohibitionist camp, it is important to remember in Illinois that downstate Democrats tend to be pro-gun rights. The concealed carry law that fell just a few votes short last year in the Illinois General Assembly had substantial support from Democrats outside of Chicagoland.

Downstate Democrats such as St. Sen. Bill Haine (D-Alton) are urging Madigan to leave things stand as it will hurt Democrats if she appeals. A number of Illinois political scientists agree with Haine.

“This has been the most divisive issue between Chicago and downstate,” said state Sen. Bill Haine, D-Alton, a gun-rights advocate. He argues that it’s both in Madigan’s political interest and the state’s interest to let the ruling stand, which would mean Illinois would have to create a concealed carry law within 180 days.

“An appeal certainly doesn’t serve (Madigan’s) interests personally. Many people downstate would not understand,” Haine said. “They would conclude that this is just more Chicago politics.”

Chris Mooney, political scientist at the University of Illinois at Springfield, agrees.

“If she makes a federal case out of it, so to speak, there may be alienation of the Democratic Party downstate. That’s probably her biggest problem with pursuing this,” Mooney said. “The party made some progress downstate (in the last election). They want to be seen as more inclusive and not as ruling everything from Chicago.”

With an appeal, Madigan could also face the risk of a high-profile defeat in the nation’s highest court.

“Number one, you’re going to lose,” says John Jackson, political scientist at Southern Illinois University Carbondale. “There’s almost no chance the Supreme Court of the United States, as it’s currently composed, is going to overturn (the ruling).

“The smartest thing (for Madigan) to do,” he said, “is to leave it alone. There’s some voters in Chicago who might not like it … but I think they’re starting to realize they’ve lost the battle.”

Chicago Democrats such as House Majority Leader Barbara Flynn Currie (D-Chicago) and Gov. Pat Quinn are urging Madigan to appeal.

Madigan herself has stayed quiet on her plans saying she is just studying the decision.

Part of me hopes that Madigan does appeal. The other part of me wants to see shall-issue concealed carry in Illinois sooner than later. On Saturday I will be driving to St. Louis and will go through Illinois. My hope is that by next Christmas I won’t have to disarm when I cross the Ohio River at Paducah, Kentucky and enter Illinois. I guess I have a dilemma, too.

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Dave Kopel Provides An Analysis Of 7th Circuit’s Illinois Carry Decision

December 13, 2012 by 1 Comment

In an interview with Cam Edwards of NRA News, Second Amendment scholar Dave Kopel analyzes the opinion of the 7th Circuit Court of Appeals in the Moore and Shepard cases.

He makes the point that Judge Richard Posner who wrote the decision is “the furthest thing from a libertarian” and had publicly disagreed with the Supreme Court’s reasoning in the Heller decision. However, Kopel said Posner was very smart and could read what the Supreme Court said (and meant) in that decision. If Posner had been a Supreme Court justice, his opinion might have been different. Since he wasn’t, Kopel said Posner wasn’t going to impose his own views on this case.

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Accessorizing Your AR-15

December 13, 2012 by 2 Comments

Cory Trapp, Gunsite instructor and gunsmith, discusses accessorizing your AR-15 in this video from the National Shooting Sports Foundation. He discusses what add-ons you might want and what you can live without.

More importantly, he explains why some add-ons can aid your shooting while others will just get in the way. Cory makes the point that when it comes to accessorizing your AR “less is more”.

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“Calm Down And Take A Valium”

December 13, 2012 by 2 Comments

Al Gore’s Current TV featured Alan Gottlieb discussing yesterday’s win in the 7th Circuit this evening. He was on The Young Turks with Cenk Uygur.

Uygur started ranting about Chicago being an “island in an ocean of guns”, the gun show loophole (sic), and how Chicagoans can just go to a gun show in another state and buy a pistol. To which Alan Gottlieb responded, “Calm down and take a Valium”. Alan then proceeded to explain how it was illegal for an out of state resident to purchase a handgun in another state and take possession of it there. As we know Federal law requires it to be shipped to an FFL in the home state of the purchaser.

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Recoil Magazine Makes A Brilliant Move

December 13, 2012 by 4 Comments

After all the controversy engendered when an editor said the HK MP-7 wasn’t for civilians, Recoil Magazine seems to be getting their act together. That is, if their soon-to-be announced new editor is any indication.

I received an email this evening from Iain Harrison announcing that he was leaving Crimson Trace after two years to become the new editor of Recoil. He says of his time with Crimson Trace:

It’s been a wild couple of years as PR guy for Crimson Trace, working
with a company that has grown from being an awkward teenager and is now
hanging with the cool kids. I have been privileged to have worked with
the very best in the industry during these past, oh-so-short 24 months
and I’m extremely grateful to you all for humoring my lack of experience
in the field.  It is with a tinge of sadness therefore that I’m
announcing my resignation from CTC, but this is tempered with an
enormous amount of excitement for the next project.

Congratulations to Iain on his new position and to Recoil Magazine for making such a brilliant move.

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Tavor Bullpup Coming To America

December 12, 2012 by 2 Comments

Israel Weapons Industry – IWI – announced that they have leased a 21,000 square foot facility in Harrisburg, PA and will soon start up operations there. They initially will be marketing the Tavor SAR bullpup and the Uzi Pro Pistol. Both of these will be specifically adapted for the US market.

From their release:


Ramat Hasharon, Israel, December 12, 2012 – Israel Weapon Industries (IWI) – a leader in the production of combat-proven small arms for governments, armies, and law enforcement agencies around the world – launches operations of its US subsidiary, IWI US, Inc. The company has leased a 21,000 sq. ft. facility in Harrisburg, PA, and will initially begin marketing the TAVOR® SAR bullpup rifle line in several configurations and the UZI® PRO Pistol, which will be showcased at the 2013 SHOT Show, January 15-18, in Las Vegas, NV at booth #15238.

According to Uri Amit, IWI’s CEO, “We are pleased to announce the launch of the
operations of IWI US to shooting enthusiasts in the US. We have operated for
many years in the global Defense and Law Enforcement markets, where we have
invested significant resources in developing quality, innovative weapons that
answer the needs of our customers, and our products enjoy great popularity
around the world. All of the weapons we have developed have become the
standard for the IDF as well as for the armed forces, Special Forces, and police
forces throughout the world. We have now decided to enter the civilian market in
the US and offer products that have been specially developed for the US
commercial market. Initially, we will offer several configurations of the TAVOR®
SAR and the UZI® PRO Pistol, which have undergone changes and adjustments
to suit the needs of the American consumer.”

Mr. Amit continued, “Over the years, rumors have circulated regarding the launch
of our US operations, which has created expectations in the civilian market, and
we look forward to an excellent reception of our products by US shooting
enthusiasts. We will be introducing our new weapons at the upcoming SHOT
Show – and invite you to visit our booth to take a closer look.”

About Israel Weapon Industries (IWI)

Israel Weapon Industries (IWI), located in the center of Israel, has been a world leader in small arms for the past 80 years. IWI is a member of the SK Group, which is composed of companies that develop and manufacture a wide array of military products for governmental entities, armies, and law enforcement agencies around the world. IWI’s best-known products include the TAVOR® and GALIL® ACE families of Assault Rifles, the NEGEV™ Light Machine Gun, the legendary UZI® SMG (Mini, Micro and UZI® PRO) and the JERICHO® family of pistols – which have all been considered weapons of choice by military units and top law enforcement agencies around the world. The company’s firearms are developed in close collaboration with the Israel Defense Forces (IDF). IWI and the IDF join forces in developing these weapons, whose final configurations are the product of ongoing interaction, field tests, and modifications, resulting from combat requirements and experience. All IWI weapon systems are in compliance with the most stringent military standards (MIL-STD) and ISO 9000 standards.

If the Tavor is made here in the US, then I guess they won’t have to
worry about BATFE and problems with meeting any sort of “sporting
purpose” for importation. As the Instapundit might say, heh!

UPDATE: Steve at The Firearm Blog is reporting that IWI-US has gone live with their website and has posted the MSRP for the various models of the Tavor SAR. They start at $1,999 and go up to $2,599 with the Mepro reflex sight attached.

I did find this bit interesting:

The TAVOR® is a perfect fusion of an ordnance grade steel
receiver coupled to a Mil-Spec cold hammer forged barrel and encased
into a high-impact strength polymer uni-body with exceptional
situational ergonomics. The ultra-compact form factor allows for easy
transitions in close quarter situations…or even in your favorite deer
blind.

Unfortunately, in many states, legally the .223 is considered too small for deer.

UPDATE II: I received some more info today on the Tavor and Uzi from IWI’s marketing firm. I’m posting it below and it gives some more info on both of these firearms.

The TAVOR® Family of Bullpup Rifles are versatile, innovative, and technologically advanced. They have been extensively proven on the battlefield, performing with precision and reliability, and meeting the needs of human ergonomics. The TAVOR® family was developed in close cooperation with the Israel Defense Forces (IDF), based on lessons learned from actual combat, and is in service in the IDF Infantry and Special Forces as well as in other countries throughout the world.

The body of the TAVOR® SAR, specially designed for the US market, is crafted from high strength polymer, and will be offered in black or Flat Dark Earth colors. Features include full ambidextrous controls, removable 16.5″ or 18″ barrels, Cold Hammer Forged (CHF) CrMoV chrome-lined barrels with 1:7 twist, a full-length top-mounted integral Picatinny rail and another short rail forward at a 45° angle for mounting accessories.. A stock left-hand model with 16.5″ barrel and an “IDF” model with integral MEPRO-21 reflex sight round out the product line. The TAVOR® SAR uses standard AR-15/M16 magazines, and can be easily field-stripped into sub-assemblies for routine maintenance. The standard caliber is 5.56 NATO (.223REM), with conversion kits available in 9mm Luger Parabellum and 5.45X39mm.

Developed in cooperation with the IDF, the 9mm UZI® PRO semi-automatic pistol is the newest member of the legendary UZI® family – one of the most popular weapon families in the world, with millions of units sold around the globe. Created especially for the US market, the exceptionally lightweight and compact UZI® PRO Pistol is ergonomically designed and easy to operate by right or left-handed users. It offers closed-bolt operation for maximum accuracy and safety. With many of its components made of advanced polymeric materials, the UZI PRO’s features include two Picatinny rails for various accessories, one on the top of the pistol and a second one forward under the barrel. It will be supplied with two magazines, one 20- and one 25-round.

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Just Like Clockwork

December 12, 2012 by 2 Comments

It didn’t take long for the Chicago Sun-Times to call upon Illinois Attorney General Lisa Madigan to appeal the 7th Circuit Court of Appeals ruling in the joint cases of Moore v. Madigan and Shepard v. Madigan.

In their lead editorial today entitled “Madigan should appeal gun ruling”, the Sun-Times opines:

Illinois’ status as the only state that does not allow the carrying of concealed loaded guns was threatened Tuesday when a federal appeals court gave the state 180 days to change its law.

But that doesn’t mean Illinois should immediately allow anyone who feels like it to start toting a pistol.

Illinois Attorney General Lisa Madigan, who said Tuesday that she is reviewing her options, should appeal the overbroad ruling by the 7th Circuit Court of Appeals. And if the courts won’t extend the deadline while considering the appeal, the Legislature will have to craft a law that meets the court’s standards while providing as many protections as possible for citizens who don’t carry guns.

The Legislature might even be able to find a way to continue banning concealed carry while rewriting the law to satisfy the appeals court, which said the current law doesn’t rest on sufficient justification. Short of that, the Legislature could consider a narrowly crafted law, such as that in New York, which has concealed carry in theory but does not grant many permits.

Reading the full editorial, one can’t help but get the feeling that the editors of the Sun-Times are the residents of the 35th floor of the Park Tower of whom Judge Posner said had less need for concealed carry than people living in rough neighborhoods.

Frankly, I hope Ms. Madigan does pull an “Adrian Fenty” and appeal the ruling. Without the hubris of former Washington, DC Mayor Adrian Fenty, we would never have had the Heller decision confirming the Second Amendment protects an individual right. Likewise, without cases like this one being appealed, we will never get a decision from the Supreme Court on the right to carry outside the home.

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Every Picture Tells A Story, Part Two (Repost)

December 12, 2012 by 23 Comments

The gun prohibitionists are already saying that blood will run in the streets when the Illinois General Assembly crafts some form of concealed carry legislation in accordance with today’s ruling by Judge Richard Posner of the 7th Circuit Court of Appeals.

“As the dissenting opinion points out, the two judges who threw out
Illinois’ law did not take account of the danger to the public from
stray bullets, and they ignored the Illinois legislature’s determination
that carrying weapons has been shown to escalate violence,” said Lee
Goodman, an organizer with the Stop Concealed Carry Coalition.

If Lee had taken the time to examine the graphic below, he would see that there is no positive correlation between less-restrictive (legal) carry (shall issue and constitutional issue) and increased violent crime. Let’s face it – Chicago already has concealed carry by thugs and criminals. The only ones prohibited from protecting themselves are honest, law-abiding citizens.

This was originally posted on Dec. 21, 2011.

In October, I posted a graphic developed by Rob Vance that showed the progress in the growth of firearms carry rights from 1986 through 2011 as a percentage of the U.S. population. In 1986, 90% of the U.S. population lived in states that severely restricted carry rights or had none at all. Today, over two-thirds of Americans live in states with either shall-issue carry or constitutional carry. The conclusion was that shall-issue is the new norm.

Recently, the FBI released its Uniform Crime Reports statistics. Rob generated a new graph plotting these violent crime rates against the growth of less-restrictive firearm carry rights over the period of 1986 through 2011.

The data used to generate this graph is available here in Google documents. As I said in the original post, unlike the gun prohibitionists, we publish our data for the world to see. The data used comes from three sources: the FBI Uniform Crime Reports, the U.S. Census, and www.gun-nuttery.com/rtc.php which tracked the changes in carry laws over time.

Rob had the following conclusions after examining the data:

Violent crime is a complex issue, but national data is clear that there is no positive correlation between liberalized concealed carry laws and increased violent crime.

The “blood in the streets” or “Wild West” scenarios just don’t play out. To be fair, state level data is highly variable, so some caution needs to be exercised in drawing conclusions.

Rob is very explicit that there is no positive correlation between violent crime and liberalized carry laws rather than a proven negative correlation. He feels that it will take more rigorous statistical analysis before this negative correlation could be said to be proven.

The results here are reinforced by the study done by Linoge at Walls of the City which compared violent crime rates and firearm ownership. In that study, Linoge did find a relatively strong negative (-0.605) correlation between violent crime and firearm ownership.
 
While violent crime did not go down as sharply as the progress in carry rights rose, one thing that needs to be kept in mind is that while shall-issue may be the new norm that right is not extended to all locations. Bars, restaurants, government buildings, post offices, and many parks are still off-limits to concealed carry. I think this will become the next battleground for concealed carry. Interestingly enough, restrictive states like California actually have fewer restrictions on where one may carry.

As an example of the battle for fewer restricted locations, one need look no further than here in North Carolina. This session of the General Assembly changed the law concerning concealed carry in state, municipal, and county parks. It is now allowed everywhere with the exception of a local opt-out for “recreational facilities”. As might be expected, some locales are trying to push the limit on what is considered a recreation facility far beyond what was intended by the General Assembly.

Shall-issue may be the new norm but the fight will continue.

NOTE: If you click on the graphic, you can view it in its full original size.

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Every Picture Tells A Story (Repost)

December 12, 2012 by 15 Comments

This was originally posted on October 6, 2011. In honor of the 7th Circuit’s ruling in Shepard v. Madigan and Moore v. Madigan, I thought it would be useful to repost it. Sometime in the next 180 days or less, the percentage of US citizens in the “red zone” will decrease. This assumes, of course, that the State of Illinois does not appeal this ruling. Now it is up to the citizens of Illinois and their elected representatives as to whether or not they move to the yellow zone or the green zone. Here’s hoping for the green zone.

I have some of the best readers in the world. One such reader is Rob Vance of California. He works in the software industry and must analyze data on a regular basis. The graphic below is as a result of his sitting down and examining U.S. Census data alongside a state’s policy on discrete or concealed carry of firearms.

The data used to generate this graphic is available here in Google Documents. Unlike the gun prohibitionists, we publish our data for the world to see. With regard to the data and methodology, Rob had this to say:

The graph maps the change in the legal status of concealed carry permits by state over time based on data found at www.gun-nuttery.com/rtc.php and the US Census Bureau (percentage of total US population by state). Classification of carry rights status was divided into four groups 1) Unrestricted 2) Shall issue 3) May issue and 4) No issue.

A couple of things about the graph and the supporting data. For population values, I used census data. 1980 -> 2010. The annual values (percent of total population by state) are rolled forward – e.g. 1980 census for years 1980- 1989, and so on. With respect to the rounding error the effect of total error is limited to a couple of tenths of a percent.

If you examine the spreadsheet with the data values you will see that a may-issue state like Hawaii is classified as a No-issue state. While you could argue that Hawaii should be listed as may-issue or conversely a state like New Jersey should also be added to the No-issue list, it doesn’t change the trends shown.

As to the conclusions that you can draw from this graph and the data, Rob had this to say:

1) In the early 1980s 90% of Americans lived in states that actively suppressed self-defense rights by severely limiting concealed carry of firearms by citizens.

2) By 2010, 2/3’s of Americans lived in states where law abiding citizens could conceal carry if they met minimal standards, and in some states (4 by 2011) needed NO state permission at all to concealed carry. A total of 41 states are now shall-issue or have unrestricted concealed carry status.

3) Few states moved from no issue to may issue. Rather when states made policy changes, they made the jump from no-issue to shall-issue all at once (again, with a couple of exceptions).

4) 30% of the citizens in the US STILL live under state governments that are hostile to the interests of their citizens in self-defense as measured by access to shall-issue (or unrestricted) concealed carry.

5) We’re down to the hard cases now – states where politicians are deeply invested in denying armed self-defense to otherwise law abiding citizens. California, Illinois and New York are where the population numbers are in terms of resistance to 2nd Amendment rights (and yes, there are a few others like New Jersey, Massachusetts, Hawaii, etc.).

If I may add a couple of other things, I’d say that shall-issue is the new norm in 2011 as opposed to no-issue or severely restricted may-issue back in 1986. The other thing I would add is that the experience with shall-issue concealed carry in the early adopting states like Florida paved the way for its adoption elsewhere. That is, people applying for concealed carry licenses are law-abiding citizens who have taken the responsibility seriously. Unlike what the Violence Policy Center would have you believe, the streets are not running with blood nor have they.

I would like to thank Rob for taking the time and making the effort to put his together. It is great research and his efforts are much appreciated.