Month: July 2013

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Why I Haven’t Written About The Zimmerman Case

July 16, 2013 by 2 Comments

I cover a lot of things in this blog but one thing that I really haven’t written about is the Zimmerman trial. There is a simple reason for that. I just didn’t feel qualified to make informed comments about it and there are plenty of other sites that have been doing great work at doing just that.

I’d like to point you to three people that are qualified and have studied the case from the beginning.

First, there is Andrew Branca. Andrew is a defense attorney and competitive shooter who has authored the book The Law of Self Defense: The Indispensable Guide for the Armed Citizen. He has covered the trial on the legal blog Legal Insurrection and on his own blog. I followed the trial through his posts on Legal Insurrection rather than subjecting myself to the mainstream media.

Second, there is Michael Bane. His recent post on the outcome of the trial and the lessons it has for us is excellent. Michael writes about a number of things, produces a slew of TV shows, and is quite the raconteur. That said, I consider his Panteao Productions DVD on concealed carry one of the best out there. The first section of that DVD is a must watch for anyone who has or is considering getting a concealed carry permit.

Finally, there is the master himself, Massad Ayoob. Mas has been an expert witness in more cases involving shootings than you could shake a stick at and has authored more books and articles on the use of deadly force than anyone I know. He didn’t write about the Zimmerman case earlier because he had been retained as an expert witness by Zimmerman’s first attorney and was bound by confidentiality. Now that the case is over he is free to share his analysis of it. Here he looks at the notion that Trayvon Martin was an “unarmed teen”.

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An Update In The Mishaga Case

July 15, 2013 by 3 Comments

The Mishaga case (originally Mishaga v. Monken but now Mishaga v. Grau et al) is a challenge to the State of Illinois’ restrictions as to who may have a Firearms Owner ID (FOID) card. The case involves a resident of Ohio who often visits friends in Illinois and wants to be legally armed in their home while there for self-protection. The convoluted nature of Illinois firearms law makes it both illegal for her to be armed without a FOID card and for her to obtain a FOID card.

The case was brought in the US District Court for the Central District of Illinois back in July 2010 by the Mountain States Legal Foundation on behalf of Ellen Mishaga. After a flurry of activity in the case in late 2010 and in 2011, the case has lain dormant despite being fully briefed. This past Friday attorney Jim Manley who represents Ms. Mishaga filed a Plaintiff’s Second Notice of Supplemental Authority.

This notice makes reference to the recently passed HB 183 which now provides for concealed carry permits in Illinois for both residents and non-residents. The possession of a FOID card is not required for a non-resident to obtain a non-resident concealed carry permit.

Defendents’ argument that there is substantial reason to discriminate against nonresidents who apply for a FOID is eviscerated by this statutory change. See Pl’s Mot. for Summ. J. at 15-18. There is no rational justification for issuing a permit to “carry a loaded…concealed firearm,” to nonresidents, 430 ILCS 66/10(c), yet at the same time deny nonresidents a FOID – and thereby deny the right to possess a functional firearm only in a home. Accordingly, the de facto residency requirement imposed by 430 ILCS 65/4(a-5) and the explicit residency requirement at 430 ILCS 65/4(a)(2)(xiv) and 430 ILCS 65/8(q) are unconstitutional.

The Second Notice concludes that the FOID Act residency requirement is a “fixed harm” that inflicts “irreparable injury.

The passage of HB 183 may be the catalyst to finally move this case to a favorable conclusion. After all this time, one could only hope so.

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Comparing Apples And Oranges

July 15, 2013 by



The Winston-Salem (NC) Journal had an interesting article today questioning whether the new Ruger plant would turn out to be a bust for Mayodan like the Dell Computer plant was for Winston-Salem.

Dell Computer brought a $110 million plant to Winston-Salem in 2004 in order to keep up with demand for their personal computers. At its peak, the plant employed over 1,100 workers. Dell is now in the process of shutting that plant down.

At the time that the Dell plant was announced in 2004, the article states that stock analysts were questioning the need for a new plant when the market for PCs was becoming saturated and Dell faced strong competition. The Journal sees similar parallels with the Ruger expansion to Mayodan.

Still, there are analysts who question whether opening a third Ruger plant is prudent. They wonder how many firearms gun buyers want or need before feeling fully stocked.

“While most industry executives believe this surge in demand should still have some steam left in the tank, it’s safe to say it certainly won’t last forever,” said Steve Symington, an analyst with The Motley Fool.

“From an investor’s standpoint, we can’t forget there’s risk involved” with Ruger’s expansion plans,” Symington said.” Ruger could be overbuilding its manufacturing facilities only to watch demand for its products taper off.”

There are a few problems with the Journal’s attempt to make the comparison between the Dell plant and the new Ruger expansion in North Carolina.

First, the stock analysts who criticized the Dell expansion in 2004 were Wall Street professionals with an intimate knowledge of both the market and Dell’s finances. By contrast, Steve Symington who writes for The Motley Fool is an amateur writing on an investment website. There is a qualitative difference between the two.

Second, the firearms industry is much more regulated than the computer industry as well as more mature. There is no Bureau of Alcohol, Tobacco, and Computers, no special licenses are needed to make a computer, and you don’t see the United Nations passing a CTT – Computer Trade Treaty. A computer company can move production of personal computers offshore to a China or a Taiwan quite quickly and quite easily. While there are a number of overseas firearms manufacturers, due to both regulation and the nature of the product you just can’t move production offshore at the drop of a hat.

Third, there is a whole new cohort of firearms owners coming into the market which is driving its expansion. What Michael Bane calls Gun Culture v.2.0 is concerned with personal protection. A recent study of new gun owners by the National Shooting Sports Foundation confirms this interest in personal protection. These new gun owners also tend to be more active and shoot at least once a month.

Fourth, gun owners who are active in shooting and personal protection tend to own more than one firearm. What you can do with a laptop PC is virtually the same as what you can do with a desktop PC. It is not the same with firearms. Firearms are much more specialized as to task than are computers. While your Ruger 10-22 could be used for personal protection, you can’t use it for carrying concealed.

Fifth, Ruger is at capacity. Both the Prescott and Newport plants are at full production and have no more room for expansion. New product introductions currently account for 35% of the company’s sales growth. If Ruger is to continue to grow, they must expand. Even if overall market demand for firearms does begin to slow which it will sometime, the stronger companies such as Ruger should continue to grow their market share.

Finally, building a plant in North Carolina is a hedge against the political risk that is growing in New England. While it hasn’t spread to New Hampshire yet, the political culture of that state is rapidly changing due to in-migration from Massachusetts. If things get bad enough in New Hampshire, Ruger could move that production to North Carolina.

Thus, for the reasons I’ve outlined, I don’t see a Ruger plant in Mayodan going the way of a Dell plant in Winston-Salem. I’m sure the author thought it made for an interesting comparison but his premises were all wrong.

UPDATE: The Captain at Captain’s Journal has his take on this article here. He concludes:

 If firearms manufacturers stay in the North, they will become obsolete
and eventually go out of business.  If they relocate to the South, a welcome party awaits.  So much for the “experts.”  Ruger knows what they’re doing.

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Friday Will Be Last Day For Towns In Illinois To Ban Guns

July 15, 2013 by

With the override of the amendatory veto of HB 183, the clock is ticking for towns and cities in Illinois who want to impose their own semi-auto firearm restrictions. The bill gave Illinois municipalities 10 days after its passage to have these ordinances in place or forever forego them.

From the alert below from the Illinois State Rifle Association, it appears that a number of cities and towns in and around Cook County are racing to get them in place before the deadline.

From the ISRA alert:

URGENT ALERT – Will your town try to ban your rifle this
week?

Attend one of these meetings!

Monday Night Meetings to
Ban Guns:
Evanston Lake Zurich Morton Grove*
Darien Clarendon Hills Thornton
Waukegan Gurnee Flossmoor
River Forest Lake Forest Steger
Buffalo Grove Batavia University Park

Tuesday Night Meetings to Ban Guns:
Lincolnwood Winnetka

Thursday Night Meetings to Ban Guns:
Morton Grove** Palos Hills Hanover Park





Here is the current status:  The Illinois CCW
act has been passed into law by an override of the
governor’s veto on July 9.  The 10-day window
for municipalities for enact their own local
semi-auto bans expires on July 19.

In a last-ditch effort to solve to a non-existent
problem, Cook County and collar county communities
are going to show that they can get tough on crime
by coming down hard on the law-abiding citizens who
choose to own popular semi-automatic firearms.

Are you tired of hearing about attempts to take away
your firearms?
Here is what you need to
do:

1. No matter where you live, plan to be at one of
the meetings listed below. Be sure to bring a friend
or two along with you.

2. Wear IGOLD or NRA hats and/or teeshirts.

3. Be prepared to vigorously defend your rights.

4. If you see media there, approach them and tell
them that you are a law-abiding Illinois firearm
owner and that you do not support gun bans.

5. Be sure to get to the meeting site at least 45
minutes early so you will get a seat. We need to
make our voices heard.

6. Pass this alert on to you friends and family and
tell them to attend meetings too.

7. Post this to all forums to which you belong.

Monday:

What: Evanston City Council –
GUN BAN
on agenda.

Agenda 

Packet (p10)
Where:

2100 Ridge Ave  Evanston 60201
When:
Monday, 15 July 7:00 pm

What: Darien City Council –
GUN BAN
on agenda.

Agenda 

Memo
Where: 1702
Plainfield Rd  Darien 60561
When:
Monday, 15 July 7:30 pm

What: Waukegan City Council –
GUN BAN
on agenda.

Agenda
Where: 100 N. Martin Luther King Jr. Av
When:
Monday, 15 July 7:00 pm

What: River Forest “Special” Village Board –

Nothing in the published

agenda yet.  Go there anyway.
Where: 400
Park Avenue, River Forest  60305
When:
Monday, 15 July 7:00 pm

What:
Buffalo Grove Village Board –
GUN BAN
on agenda.

Agenda p229
Where: 50 Raupp Boulevard
When:
Monday, 15 July 7:30 pm

What: Lake
Zurich Village Board –
GUN BAN
on agenda.

Agenda p229
Where:


Police Dept  200 Mohawk Trail Community Room 
60047
When:
Monday, 15 July 7:00 pm

What:
Clarendon Hills Village Board –
GUN BAN
on agenda.

Agenda 

Packet p72
Where:


1 N. Prospect  Clarendon Hills 60514
When:
Monday, 15 July 7:00 pm

What:
Gurnee Village Board –
GUN BAN
on agenda.

Agenda 


Where:


325 N O’Plaine Rd  Gurnee 60031
When:
Monday, 15 July 7:30 pm

What: Lake Forest


City Council –

Agenda
Gun Ban discussion to be
continued from last meeting
Where: 220 E. Deerpath
When:
Monday, 15 July 7:30 pm



What:
Batavia


City Council –
GUN BAN on agenda.

Agenda


Where: 100
N. Island Ave  Batavia 60510
When:
Monday, 15 July 7:30 pm

What:
Morton Grove
Village Town Hall Meeting –
GUN BAN
on agenda. *


Agenda 

Patch Article 



Where:


American Legion  6140 Dempster
When:
Monday, 15 July 7:00 pm


What:

Thornton Village Board –
Nothing in the published

agenda yet.
Go there anyway.
Where: 115 E
Margaret St. 
Thornton 60476
When:
Monday, 15 July 7:30 pm



What:
Flossmoor Village Board –
GUN BAN on agenda.

Agenda Packet (p45)
Where: 2800
Flossmoor Rd   Flossmoor 60422
When:
Monday, 15 July 7:30 pm

What:
Steger Village Board –
GUN BAN on agenda.

Agenda Packet p49

Committee Agendas
Where: 35 W
34th St. Steger  60475
When:
Monday, 15 July 7:00 pm



What: University Park “Special” Village Board –
GUN BAN
on agenda.

Agenda


Where:
90 Towncenter Dr. 
University Park 60484
When:
Monday, 15 July   Committee: 6:00 pm   
Board: 7:30 pm







Tuesday:

What:
Winnetka Village Board –
GUN BAN on agenda.

Agenda Packet p197
Where: 510
Green Bay Rd  Winnetka 60093
When:
Tuesday, 16 July 7:00 pm

What:
Lincolnwood Village Board –
GUN BAN on agenda.

Agenda 
&

(big) Packet  p515
Where:

6900 N. Lincoln Ave 
Lincolnwood 60712
When:
Tuesday, 16 July 7:30 pm




Thursday:

What: Morton Grove “Special” Village Board – **

GUN BAN on the (yet to be
published) agenda.


Where:
6101 Capulina Ave  Morton
Grove 60053
When:
Thursday,
18 July   7:00 pm







What: Hanover Park Village Board –

GUN BAN on the (yet to be
published) agenda.


Where: 2121 Lake Street, Hanover
Park
When:
Thursday,
18 July   7:30 pm







What: Palos Hills City Council –
No published agenda yet. 
Go there anyway.


Where:
10335 S Roberts Rd  Palos
Hills 60465
When:
Thursday,
18 July   7:00 pm











For


status of previous meetings,
other meeting times, talking points against semi-auto bans, copies of
proposed ordinances, links to other resources; please visit

http://isra.org/townhall .

UPDATE: Thanks to Todd Vandermyde of the NRA, we have a report of which towns adopted any new gun control and which ones did not. It looks like it turned out to be a good night as most towns failed to adopt any new ordinances controlling firearms.

Batavia – FAILED motion to table.
Buffalo Grove – passed a bifurcated ordinance cook ban in cook, no ban in Lake county side
Clarendon Hills – FAILED
Darien – FAILED
Evanston – PASSED modified to exempt C&R licensees
Evergreen Park – FAILED no motion
Flossmoor – FAILED
Gurnee – NO ACTION, DEAD
Lake Forest – TABLED
Lake Zurich – NO BAN. Shell ordinance Failed.
Morton Grove – pending
River Forest — ????
Round Lake Beach – FAILED
Steger – FAILED
Thornton – removed from agenda
University Park— BanFAILED, storage ordinance passed
Waukegan – FAILED

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A Thoroughly Despicable Politician

July 15, 2013 by 2 Comments

Sen. Harry Reid (D-NV) appeared today on NBC’s Meet The Press. In his interview with David Gregory, he was asked about the Zimmerman trial and the role of the Department of Justice in any further proceedings. He said, “And I think the Justice Department’s going to take a look at this. You know, this isn’t over with, and I think that’s good, that’s our system. It’s gotten better, not worse.”

Harry Reid is a thoroughly despicable politician whose only interest in this affair is keeping racial animosity stirred up so as to keep African-Americans voting in high numbers for the Democrat Party.

Harry Reid is scum and a sad excuse for a human being.

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Liberté, Égalité, Fraternité

July 14, 2013 by 2 Comments

It almost escaped my notice that today is Bastille Day which is otherwise known in France as La Fête Nationale. What jogged my memory was a series of photos on MilitaryPhotos.Net of the military parades associated with this day in France.

Say what you will about the French, they do parades well!

Flyover seen from the Louvre.

French armour driving down the Champs de Elysee
French Foreign Legion led by their Pioneers

Below is a report on the parade by French television.

14 Juillet : les temps forts du défilé

Of course, there is this alternate celebration of Bastille Day by the band Rush from their 1975 album Caress of Steel.

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Permanent Injunction Issued Against Mississippi Law On Open Carry

July 13, 2013 by 3 Comments

Hinds County Circuit Court Judge Winston Kidd issued a permanent injunction against Mississippi HB 2 calling it “unconstitutionally vague.” He ordered that it can’t take effect until such time as the Mississippi Legislature “reviews, amends, or clarifies” HB 2 so as to accomplish its intended purpose.

found no case law, or any other authority, which gives an individual the absolute right to “open carry” a weapon, as contended by the state.”. Judge Kidd further said “when the legislature creates laws which are vague, confusing, and overbroad, then it is the responsibility of hte court to make a determination as to the law’s constitutionality…. House Bill 2 is unconstitutional…

House Bill 2 does more than define “concealed.” It creates confusion and chaos with respect to the enforcement of gun laws here in this state. House bill 2 does not clearly set forth “who is allowed to openly carry a weapon in a holster. Certainly our legislature did not mean to allow anyone and everyone to openly carry a weapon in a holster. Next, House Bill 2 does notn state “where” an individual can openly carry a weapon in a holster. If this law goes into effect, individuals will attempt to openly carry weapons anywhere and everywhere. This can not possibly be the intent of our legislature….”

The full decision can be found here.

Mississippi House Judiciary Chairman Andy Gipson (R-Braxton), who was the author of the bill, fully expects Kidd’s ruling to be appealed by the State of Mississippi to the Mississippi Supreme Court. He has also gotten confirmation that the National Rifle Association intends to file an amicus brief in support of the state’s case.


In comments to the Clarion-Ledger, Gipson said:

“They (NRA) do see this as a matter of constitutional gun rights being threatened,” Gipson said.

Gipson said he was not surprised by the judge’s ruling, and believes the case will head post-haste to the state Supreme Court.

“(Kidd) just continued what he did with the temporary restraining order, and I am confident we will be appealing, the state will appeal, to the Supreme Court,” Gipson said. “I just think the judge got it wrong. Anybody who reads House Bill 2 can clearly see the legislation is clear and that the Legislature has the right to regulate concealed carry.

Attorney General Jim Hood (D-MS) released a written statement this afternoon indicating that he will be appealing the ruling after he has had time to study it.

“We are in the process of reviewing the Judge’s order,” said Hood in a written statement. “At this stage, we are likely to ask the Mississippi Supreme Court to take a look at this case. We have 21 days to do so, but it will be up to the Court as to whether and when they do. It remains the duty of this office to defend our State laws and their constitutionality.”

More comments from both sides and some courtroom footage can be in seen in the video report below from WLBT-Channel 3/Fox 40 in Jackson.

MSNewsNow.com – Jackson, MS

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“Is HB 937 Mired in ‘Dysfunction Junction’?”

July 12, 2013 by 1 Comment

HB 937 which has passed both houses of the North Carolina General Assembly is languishing in the House waiting their concurrence. The reason? Because the Republican leaders in both houses and Gov. Pat McCrory won’t get their damn act together.

Two things should be remembered. First, House Speaker Thom Tillis (R-Mecklenburg) is running for the Republican nomination for the US Senate and wants to replace Sen. Kay Hagan (D-NC). He is going to need the support of gun owners if he wants to take down a well-funded incumbent senator.

Second, one of the reasons that Sturm, Ruger & Co. chose the state of North Carolina for their third manufacturing plant is because we were considered a pro-gun state. They haven’t finished buying the plant in Mayodan yet and still could go to either Texas or South Carolina. Upwards of 500 new manufacturing jobs are at risk due to the shenanigans by the General Assembly and they need to be reminded of it. Senate President Pro-Tem Phil Berger represents Rockingham County which needs those jobs.

GRNC just issued an alert on the bill this afternoon.

Is HB 937 Mired in ‘Dysfunction Junction’?

Long over-due bill languishes while Republican leaders haggle…

Within sight of final victory, House Bill 937 (“Amend Various Firearms Laws”) for concealed carry in restaurants, assemblies for which admission is charged, campuses, parades and funerals, (and much more) faces one final obstacle: Intra-party Republican bickering between the NC House, Senate and Governor’s mansion.

Governor Pat McCrory, Senate President Pro Tem Phil Berger, and House Speaker Thom Tillis have battled over the budget, abortion legislation and more. In the latest episode of “dysfunction junction,” they are now haggling over what happens should HB 937 go to a conference committee.

To their credit, Speaker Tillis and members of both chambers continue to promise to pass the bill this year. Moreover, they seem happy with most aspects of the legislation except the pistol purchase permit repeal. The question is: What’s next and when will it happen?

Enough is enough!

GRNC is coordinating an effort to let Tillis, Berger and McCrory know we are serious about passing HB 937, and that failure to do so may have serious consequences for one or more prominent Republicans in upcoming elections. To that end, we want you to email your concerns to them, and to call each of their offices on Monday morning at 9:00 am.

IMMEDIATE ACTION REQUIRED!

  • EMAIL REPUBLICAN LEADERS: Using the contact information below, email Speaker Thom Tillis, Senate President Phil Berger and Governor Pat McCrory. Let them know that you expect a concurrence vote immediately on HB 937, and for it to be signed when it hits the Governor’s desk.


  • CALL REPUBLICAN LEADERS at 0900 AM MONDAY: Using the contact information below, begin calling the offices of Speaker Tillis, Senate President Berger and Governor McCrory at 9:00 AM Monday. If you can’t get through immediately, keep trying. Tell them to stop bickering and pass HB 937.

CONTACT INFO

House Speaker Thom Tillis
Email: Thom.Tillis@ncleg.net
Phone: (919) 733-3451

Senate President Pro Tempore Phil Berger
Email: Phil.Berger@ncleg.net
Phone: (919) 733-5708

Governor Pat McCrory
Email: http://www.governor.state.nc.us/contact/email-pat
Phone: (919) 814-2000

DELIVER THIS MESSAGE

Suggested Subject: “Bring HB 937 to a vote!”

Dear Senate President Pro Tem / Speaker of the House/ Governor:

I strongly urge you to put aside intra-party Republican squabbling and respond to gun-owning voters who played a large role in making North Carolina the only battleground state to make conservative gains in the 2012 elections.

All competing factions need to stop maneuvering and serve the people who put them in office. Specifically, House Bill 937 (“Amend Various Firearms Laws”) needs to come to a prompt concurrence vote this week.

We’ve heard all the promises: Now we want action. Speaker Tillis needs to bring HB 937 to a concurrence vote, he and Senate President Pro Tem Phil Berger should resolve differences in a conference committee, if necessary, and after it clears both chambers, Governor McCrory needs to sign it into law. This year.

If HB 937 dies as the result of being held hostage to Republican power struggles, let me assure you there will be consequences in 2014 and 2016. I will be monitoring your actions via Grass Roots North Carolina legislative alerts.

Respectfully,

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Good Riddance To Big Sis

July 12, 2013 by 7 Comments

The Los Angeles Times is reporting that Secretary of Homeland Security Janet Napolitano will be leaving that post to become the new President of the University of California System.

Janet Napolitano, the U.S. secretary of Homeland Security and former governor of Arizona, is being named as the next president of the University of California system, in an unusual choice that brings a national-level politician to a position usually held by an academic, The Times has learned. Her appointment also means the 10-campus system will be headed by a woman for the first time in its 145-year history.

Napolitano’s nomination by a committee of UC regents came after a secretive process that insiders said focused on her early as a high-profile, although untraditional, candidate who has led large public agencies and shown a strong interest in improving education.

The selection committee was headed by former film industry executive Sherry Lansing.

An unnamed source close to Napolitano had this to say about her decision in taking the position:

“I think she loves working for President Obama and serving the American people, but at the same time, this is a unique opportunity,” he said. Napolitano knows “UC is probably the premier institution in the country. She is motivated by the fact that being a part of UC, she will be a part of educating future leaders of tomorrow and be part of a state that sets so much of the agenda nationally.”

The thought that Napolitano would have anything to do with educating future leaders is a scary thought!

You have to wonder if Napolitano’s departure is an indicator that the rats are starting to desert the ship – Hillary’s gone, Geithner’s gone, and now Big Sis.  Will Eric Holder be next or is he essential to protecting the backside of Obama? It is probably the latter.

As to Big Sis leaving, good riddance. I hate to see her inflicted on California but better them than the rest of the US.

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Comment Of The Day, No. 2

July 12, 2013 by

Professor Randy Barnett of Georgetown University Law Center had an excellent op-ed in yesterday’s Wall Street Journal. In the op-ed, he calls the seizure of private data by the NSA unconstitutional. Barnett goes on to say that the work of the Consumer Financial Protection Bureau in compiling a database of our private financial transactions including credit card payments, mortgage transactions, etc. should also be considered a violation of our Fourth Amendment rights to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”.

The comment of the day concerns what should be the proper role of government in relationship to the citizenry: the government is the servant and the people are the masters.

In a republican government based on popular sovereignty, the people are the principals or masters and those in government are merely their agents or servants. For the people to control their servants, however, they must know what their servants are doing.

The secrecy of these programs makes it impossible to hold elected officials and appointed bureaucrats accountable. Relying solely on internal governmental checks violates the fundamental constitutional principle that the sovereign people must be the ultimate external judge of their servants’ conduct in office. Yet such judgment and control is impossible without the information that such secret programs conceal. Had it not been for recent leaks, the American public would have no idea of the existence of these programs, and we still cannot be certain of their scope.

Even if these blanket data-seizure programs are perfectly proper now, the technical capability they create makes it far easier for government to violate the rights of the people in the future. Consider why gun rights advocates so vociferously oppose gun registration. By providing the government with information about the location of private arms, gun registries make it feasible for gun confiscation to take place in the future when the political and legal climate may have shifted. The only effective way to prevent the confiscation of firearms tomorrow is to deprive authorities of the means to do so today.