M855 Ban Shelved…For Now

The Bureau of Alcohol, Tobacco, Firearms, and Explosives has felt the heat. According to the press release below which was released less than an hour ago, they have already received over 80,000 comments and they will not be seeking to release a final framework at this time.

NOTICE TO THOSE COMMENTING ON THE ARMOR PIERCING AMMUNITION EXEMPTION FRAMEWORK

Thank you for your interest in ATF’s proposed framework for determining whether certain projectiles are “primarily intended for sporting purposes” within the meaning of 18 U.S.C. 921(a)(17)(C). The informal comment period will close on Monday, March 16, 2015. ATF has already received more than 80,000 comments, which will be made publicly available as soon as practicable.

Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework. After the close of the comment period, ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework.

Comments will still be accepted up to March 16, 2015 and I would continue to urge everyone to submit comments.

Their tweet announcing the press release is below:

UPDATE: Paul Bedard at the Washington Examiner on the BATFE’s change of heart.

UPDATE II: While there is nothing on ABC, NBC, or CBS, The Hill is covering it. They caught the line in the release above about not issuing a final framework “at this time”.

Baltimore City Schools – The Ultimate Gun Free Zone

Baltimore City Schools are the ultimate gun-free zones. Not even the cops are allowed to have firearms!

Baltimore City Schools are (somewhat) protected by the Baltimore City School Police. This agency consists of 141 sworn and armed officers. It is the only police agency in the state of Maryland dedicated to protecting a school district. They are also the only cops not allowed to be armed inside the schools while students are present. Somehow the logic of this escapes me.

According to the Baltimore Sun, the city’s delegation to the Maryland legislature had introduced bills in the Maryland House of Delegates and Senate to allow the school police to carry within the schools. This was done at the urging of the school board. It also had the support of a majority of members of both the police and teachers union.

However, these bills were tabled because the delegation couldn’t come to a consensus on arming the cops. It seems some parents wanted their kids to be even larger targets for murderous psychopaths and there were delegates that agreed with them.

Others contended that weapons would make students feel like criminals in a city where many need a reprieve from the presence of guns.

Parents and state lawmakers said they believed the issue needed to be explored and vetted further.

Aimee Harmon-Darrow, a city school parent, helped launch a petition calling for the withdrawal of the legislation until it was publicly debated. The petition had more than 1,740 signatures Friday.

Harmon-Darrow said the legislation was a “catalyst to a dialogue that needs to happen in Baltimore City regarding the role of school police, discipline policies and overall school climate issues.”

“I hope the school board recognizes the need for this discussion and engages parents in an open dialogue.

Why do I have the feeling that if any harm came to these school children as a result of psychopath that Ms. Harmon-Darrow would be the first to cry out that the schools didn’t do enough to protect her children.

Research done by Dr. Eric Dietz at the Purdue Homeland Security Institute shows that an armed school resource officer cuts casualties by two-thirds in an active shooter situation. However in a case like this, “feelings” trump reason, logic, and scientific evidence.

I just feel sorry for the majority of the parents of school children in Baltimore that their kids are at a greater risk because some politicians would rather listen to blithering idiots than to them. They should remember these politicians come 2016.

The Resurgence Of Rye Whiskey

FoxNews picked up a story out of Louisville, KY about the resurgence of rye whiskey. With bourbon booming, I guess it was only natural that rye eventually would pick up again. Given that rye was probably America’s first whiskey and that George Washington was the country’s largest distiller of rye after he left the presidency, I’m glad to see it.

Woodford Reserve rye is the one shown here in the story. I will admit to not having tried it. I have a bottle of Michter’s and a bottle of Wild Turkey rye in my liquor cabinet. And for some reason, I think I have a bottle of Bulleit hanging around as well which might be a sign that I have too many bottles of bourbon and rye.

I like both bourbon and rye Manhattans. However, there is nothing like rye if you want to make a Sazerac. According to the story, mixologists (aka bartenders) actually prefer rye in their creations as it is spicier and less sweet.

If you have a favorite rye, let me know in the comments and I may have to try it.

WDRB 41 Louisville News

A More Congenial Home For Magpul

It is always nicer to be where you are appreciated. So it is with Magpul and their relocation of their production facilities from Erie, Colorado to Cheyenne, Wyoming. I’m sure the people in Erie appreciated Magpul and the jobs that they provided. However, the then-powers that be in the Colorado legislature didn’t nor did Gov. John Hickenlooper when they passed their restrictions on standard capacity magazines.

With their move a mere 80 miles north on Interstate 25, Magpul is in a city and a state that not only appreciates their jobs but their product. This is very evident in the news report from Cheyenne’s CBS 5 News Channel.

Quote Of The Week

Normally I would call something like this the quote of the day. However, it is so deliciously snarky that it deserves to be the quote of the week.

You may have heard that some of the gun prohibitionist big-wigs gathered in Washington this week for the introduction of a new universal background check bill that is destined to go nowhere. This included former Congresswoman Gabby Gifford (D-AZ).

A.W.R Hawkins of Breitbart pointed out the obvious when he wrote:

On Wednesday, gun control advocate Gabby Giffords stood with Democratic lawmakers on Capitol Hill to demand that everyone buying a gun be required to undergo the same background check Jared Loughner underwent to acquire the Glock he used to shoot her in 2011.

Yes, Loughner acquired his firearm via a background check, as did Jerad and Amanda Miller (Las Vegas), Elliot Rodger (Santa Barbara), Ivan Lopez (Fort Hood 2014), Darion Marcus Aguilar (Maryland mall), Karl Halverson Pierson (Arapahoe High School), Paul Ciancia (LAX), Aaron Alexis (DC Navy Yard), James Holmes (Aurora theater), Nidal Hasan (Fort Hood 2009), among others.

That’s correct. All of the above “mass shooters” used legally purchased firearms that included a NICS background check. I would add in the Newtown shooting as the killer’s mother actually passed a background check when she purchased her firearms.

Of course, this has Slate.com’s panties in a wad. On the same page that they have an article about the latest research on penis size and another about how bureaucracy is a force for good, writer Alec MacGillis is all horrified that the NRA actually retweeted a link to the Breitbart article. He considers it a personal swipe at the sainted Gabby. He’s the same writer that thinks St. Louis, Missouri would be better off in Illinois because Illinois gun laws would cut crime in the city. Even though he said it should be called West East St. Louis, it is obvious to me that that he’s never been to the actual East St. Louis. If he had, his lily-white ass would be grass.

Things You Stumble Across

The beauty of the Internet is that it allows you to stumble across stuff you’d never expect to find. Tonight, after reading a post on Miguel’s blog, I went looking for a site that had flags of the world. While there, I came across a section labeled “historical flags”.

And this is what I found.

You’re probably thinking, OK, it’s just another one of those “join or die” flags that are a take-off on the Benjamin Franklin cartoon. Ah, not so fast.

It is not just a “join or die” flag, it is the Richardson’s Join or Die Flag! How cool is that.

The flag was shown in Edward Richardson’s book Standards and Colors of the American Revolution and that is where it derives its name. Now the question is do I want to spend $65 or so for this flag. I think I’ll ponder on that one for a while.

Three Clinton Appointed Judges Uphold Sunnyvale Mag Ban

The Ninth Circuit Court of Appeals ruled today that the City of Sunnyvale, California was within its rights to ban magazines with greater than 10-round capacity. The case, Fyock v. Sunnyvale, was an appeal by the plaintiffs from the US District Court for the Northern District of California. The three judges on the case – Michael Daly Hawkins, Johnnie B. Rawlinson, and District Court Judge Barbara M. G. Lynn – were all appointed by President Bill Clinton.

From the case summary:

The panel affirmed the district court’s denial of a request
to preliminarily enjoin an ordinance enacted by the City of
Sunnyvale, California, restricting the possession of “large capacity
magazines” statutorily defined as a detachable
ammunition feeding device capable of accepting more than
ten rounds.

The panel held that the district court applied the
appropriate legal principles and did not clearly err in finding,
based on the record before it, that a regulation restricting
possession of certain types of magazines burdened conduct
falling within the scope of the Second Amendment. The
panel further agreed with the district court that intermediate
scrutiny was appropriate. The panel held that Sunnyvale’s
interests in promoting public safety and reducing violent
crime were substantial and important government interests.
So, too, were Sunnyvale’s interests in reducing the harm and lethality of gun injuries in general, and in particular as against
law enforcement officers. The panel held that the evidence
identified by the district court was precisely the type of
evidence that Sunnyvale was permitted to rely upon to
substantiate its interest. The panel concluded that the district
court did not abuse its discretion in determining, on the
record before it, that Sunnyvale presented sufficient evidence
to show that the ordinance was likely to survive intermediate
scrutiny and that plaintiffs failed to demonstrate that they
would likely succeed on the merits of their claim.

The Sunnyvale ban was not merely a ban on sale but a ban on possession of standard capacity magazines.

Amicus briefs on the plaintiffs’ behalf included briefs from the NSSF, the California Rifle & Pistol Association, the Pink Pistols, and the Gun Owners of California.

Those supporting Sunnyvale included the usual coterie of gun prohibitionists including the Brady Center, Everytown Moms for Illegal Mayors, the Law Center to Prevent Gun Violence (sic) (formerly LCAV), and the Cities of LA and San Francisco.

Is Your Congressman On This List?

238 Congressman have signed the letter from Rep. Bob Goodlatte (R-VA) opposing the BATFE’s ammunition framework and proposed ban on SS109/M855 5.56×45 62-grain ammunition. According to the press release from the NRA-ILA, they worked with Rep. Goodlatte on securing support for the letter and will be working with Senate Judiciary Committee Chair Chuck Grassley (R-IA) on a similar letter from the Senate.

Fairfax, Va. – In an overwhelming show of bipartisan opposition, 238 Members of the U.S. House of Representatives have signed a letter to the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, opposing the Obama Administration’s attempt to ban commonly used ammunition for the most popular rifle in America, the AR-15. The National Rifle Association worked closely with House Judiciary Committee Chairman Bob Goodlatte (R-Va.) to gather signatures on this critical effort.


“This letter sends a clear message to President Obama that Congress opposes his attempt to use his pen and phone to thwart the will of the American people,” said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action. “Obama said he would enact his gun control agenda ‘with or without Congress.’ He is now trying to make good on that promise. The NRA would like to thank Chairman Goodlatte and all who signed the letter for opposing this unconstitutional attack on our Second Amendment freedom.”


The NRA is working with Senator Chuck Grassley (R-Iowa) on a similar letter of opposition from the U.S. Senate.


To view the letter, along with the Member signatures, click here.

I had been wondering just who had signed the letter and if my Congressman was one of the signatories. After going through the list, I find both my former and current Congressmen have signed on to the letter. Ten out of the 13 North Carolina Representatives have signed the letter which pleases me.

To see whether your Representative is on the list signing the letter, either use the link above or view them in the pictures below. If your Representative did not sign on to this list, I’d be asking them why not. I do notice that the gun control industry’s favorite House Republican Peter King (R-NY) is conspicuously absent.

Mance v. Holder – Government Requested Stay Denied

The Justice Department had requested a 60-day stay in Mance v. Holder. They had requested the stay while they decided whether or not to appeal the case.

This is the case that overturned that part of the Gun Control Act of 1968 that banned the purchase and immediate transfer of handguns by FFLs to out of state purchasers. Today, Judge Reed O’Connor denied the government’s request for a stay.

From CCRKBA’s release:

FEDERAL JUDGE DENIES STAY REQUEST IN GUN TRANSFER CASE

Monday, March 2nd, 2015

BELLEVUE, WA – A federal court in Texas has denied a government motion for a 60-day stay in a case involving interstate handgun transfers in which the judge applied strict scrutiny to determine whether a ban on such transfers meets constitutional muster.

The case, known as Mance v. Holder, was filed by the Citizens Committee for the Right to Keep and Bear Arms, and is financially supported by the Second Amendment Foundation. It involves plaintiffs residing in Texas and the District of Columbia, and the ruling last month by U.S. District Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division, found that “the federal interstate handgun transfer ban is unconstitutional on its face.”

The government had asked for a 60-day stay in order to decide whether to file an appeal. But Judge O’Connor ruled today that a stay is not warranted because the government could offer no other reasons for its request other than the court’s “inherent authority to manage its docket.”

“We’re delighted that Judge O’Connor is not going to simply allow the government to stall this ruling,” said CCRKBA Chairman Alan Gottlieb. “This case could have significant ramifications nationwide, and allowing a two-month stay while the government essentially claims it will be thinking about whether to appeal obviously was not warranted.”

CCRKBA and the individual plaintiffs are represented by Virginia attorney Alan Gura and Texas attorney William B. “Bill” Mateja of Fish & Richardson in Dallas.

A Compilation Of Endorsements For The NRA Board Election

The NRA Directors election is upon us again. The ballots must be received by March 22, 2015 to be counted. Eligibility to vote is limited to Life Members or Annual Members with five or more years of continuous membership. Ballots of those eligible to vote should have been in your February American Rifleman, American Hunter, or America’s 1st Freedom magazines.

In the chart below, I have compiled the endorsements that I could find. Some came directly from the candidate’s statement included in the magazine, some came from candidate’s websites, and finally some came from what I consider reliable sources. I will discuss those reliable sources after the chart. The chart also indicates whether a candidate was put on the ballot by the Nominating Committee or through the petition process. A “Y” stands for placement on the ballot by the Nominating Committee while a “P” stands placement on the ballot by the petition process.

First
Last
NomComm
Endorsements
Scott
Bach
Y
SOF, Knox,
William
Bachenberg
Y
Ronnie
Barrett
Y
John
Brown
Y
Robert
Brown
Y
NYSRPA, MSSA, FCofCO,CO2AA
David
Coy
Y
SOF,MiRPA, DeSSA
Joseph
DeBergalis
Y
SOF, Knox,N-SSA,AR15.com, IDPA, NYSRPA,TFC
Edie
Fleeman
Y
Joel
Friedman
Y
CRPA
Maria
Heil
Y
Knox
Antonio
Hernandez
Y
SOF
Steve
Hornady
Y
David
Keene
Y
SOF
Timothy
Knight
P
SOF, Knox,CO2AA
Herbert
Lanford
Y
Sean
Maloney
P
SOF, Knox,CO2AA,BFA
Virginia
McLemore
P
Knox
Carolyn
Meadows
Y
John
Milius
Y
Bill
Miller
Y
Owen Buz
Mills
Y
Grover
Norquist
Y
Robert
Nosler
Y
Timothy
Pawol
Y
Brian
Pemberton
P
Harold
Rocketto
P
Wayne Anthony
Ross
Y
SOF
Don
Saba
Y
William
Satterfield
Y
SOF
Mecedes
Schlapp
Y
Ronald
Schmeits
Y
SOF
John
Sigler
Y
Robert
Unkovic
Y
SOF
Robert
Viden
P
SOF, Knox,
Robert
Wos
Y
Legend:
SOF – Soldier of Fortune
Knox – Jeff Knox, Firearms Coalition
NYSRPA – NY State Rifle & Pistol Assoc.
FCofCO – Firearms Coalition of Colorado
MSSA – Montana Shooting Sports Assoc.
MiRPA – Michigan Rifle & Pistol Assoc.
DeSSA – Delaware State Sportsman’s Assoc.
N-SSA – North-South Skirmish Assoc.
IDPA – International Defensive Pistol Assoc.
TFC – Texas Firearms Coalition
CRPA – California Rifle & Pistol Assoc.
CO2AA – Colorado 2nd Amendment Assoc.
BFA – Buckeye Firearms Assoc.

Lt. Col. Robert Brown offers his endorsements for the NRA Board annually at Soldier of Fortune magazine. Col. Brown is the publisher of the magazine and a long-time member of the NRA Board. He is also one who is not afraid to rock the boat. In this year’s endorsements, he endorses 10 current board members including Robert Viden who is a petition candidate. He also endorsed both Tim Knight and Sean Maloney who are petition candidates. He makes it a point not to endorse John Brown. Mr. Brown, who is head of the NFA Trade and Collectors Association, has been accused of being too cozy with the ATF and has been called a “ATF snitch” by some.

The other set of endorsements that I consider reliable are from Jeff Knox of the Firearms Coalition. Jeff and his family have been fighting to reform the NRA since the 1977 Cincinnati Revolt and before. Jeff is the son of the late Neal Knox who at one time headed the NRA-ILA. Jeff suggests – and I would second it – that you only vote for a handful of people as it gives more weight to those for whom you vote. Jeff’s endorsements and rationale for these candidates is below:

For 2015 I am endorsing the following seven candidates:

1. Timothy Knight, Durango, Colorado is a proven, effective, grassroots activist who orchestrated the stunning recalls of anti-rights senators in Colorado. He is not an NRA insider, and was nominated by petition of the members, not the Nominating Committee.

2. Sean Maloney, Liberty Township, Ohio is an attorney who has an extensive record of grassroots activism and comes highly recommended by people I trust.

3. Virginia McLemore, Socorro, New Mexico, is an active competitive shooter and youth training volunteer. She has served in leadership in her state association which I feel has been neglected by NRA in the past. Rural, western, and competitive shooting representation is needed on the Board.

4. Maria Heil, New Freedom, Pennsylvania, was on my endorsement list 3 years ago and she has proven herself a worthy pick. I’d like to see her continue on the Board for another term now that she knows the ropes.

5. Robert Viden, Glassboro, New Jersey, has served on the Board off and on for a number of years. He knows how to get things done and does a lot when given the opportunity. I have endorsed Bob in the past, and think he’s earned my support. For whatever reason, he tends to come in low in the vote totals, so a little extra support could make all the difference for him.

6. Joseph DeBergalis, West Seneca, New York, has demonstrated much more willingness to communicate with the membership and take action on their behalf than most of the directors. I endorsed him in his first run and he won handily. When he ran for reelection, I did not consider him to be in jeopardy of losing, so I did not offer an endorsement. That came close to being a big mistake as he barely made the cut that year. This year I don’t want to take that chance. I’d like to see Joe continue on the Board.

7. Scott Bach, Newfoundland, New Jersey. Scott is a good friend who is doing yeoman’s work deep in enemy territory. Normally Scott comes in high in the voting, but whenever there is more than one candidate from the same state, voters tend to choose one or the other. With my endorsement of Bob Viden, I want to reinforce support for Scott.

Jeff also says for whom he wouldn’t vote. These three are John Milius, the aforementioned John Brown, and Grover Norquist.  He says no to Milius for having lied to the board and bragged about it, no to Brown due to the conflicting interests of the NRA and the NFATCA (among other things), and no to Norquist because he seems more interested in other political matters than the Second Amendment.

In years gone past, Dave Hardy at Of Arms and the Law and Sebastian at Shall Not Be Infringed have had their own endorsements. Neither has issued any endorsements so far this year.

I really don’t do endorsements but I will say that Timothy Knight seems very appealing to me as a candidate due to his work in the trenches to recall Sen. Angela Giron and Sen. President John Morse. This kind of solid grassroots activist experience is needed on the board.

Remember, your ballot must be received by March 22nd to be counted. Don’t procrastinate!