Well That Didn’t Take Long

As I reported yesterday, the Supreme Court refused to grant certiorari and accept Jackson et al v. San Francisco for review. The case involved a San Francisco requirement that a handgun either be in a safe or have a trigger lock on it if it wasn’t being carried on the person in a home. Seemingly this was at odds with the Court’s ruling in DC v. Heller where they ruled that the District of Columbia could not require a firearm to be either locked up or disabled. As Justice Clarence Thomas noted, the ruling of the 9th Circuit allowing the San Francisco law was “in serious tension with Heller.”

Unfortunately, Justice Thomas and Justice Antonin Scalia were the only two voting to hear the appeal. As Dave Workman wrote earlier this morning, the decision will open the door to other cities imposing a similar law.

So they have.

Albany (NY) Common Council’s Public Safety Committee is proposing such an ordinance for the city that would apply to all firearms. The bill is on the full council’s agenda for June 15th.

City gun owners may soon be required to keep their firearms under lock and key at home.

A proposed law vetted Monday by city lawmakers would force gun owners to store their weapons in a “secure container” or disable them with a trigger lock whenever they are “out of his or her immediate possession or control” at home.

The Times-Union reports that the cities of Buffalo and Rochester already have so-called safe storage laws on the books and that the New York State Assembly is considering a similar law called “Nicholas’ Law”. That bill is expected to be voted on by the entire New York State Assembly as early as the end of this week. The state law would make it a felony if someone is injured by an unsecured firearm. Fortunately, passage of the bill through the New York State Senate is doubtful.

NJ Gun Attorney Evan Nappen On The Pardon Of Steffon Josey-Davis

New Jersey attorney Evan Nappen, the man who wrote the book on that state’s gun laws and who represented Steffon Josey-Davis, was on NRA News yesterday. He was interviewed by Cam Edwards regarding Gov. Chris Christie’s complete and full pardon of Steffon. Nappen said the next step would be to go to court and get an expungement of the conviction from Steffon’s record.

Nappen also discussed the recent murder of Carol Bowne who was still waiting for her gun permit to be approved when she was murdered by her ex-boyfriend.

And Win More Stuff Here

Aaron at The Weapon Blog has just posted his monthly compilation of contests and sweepstakes.

The highlight for this month, in my opinion, is a Wilson Combat 1911. There are also a couple of CZ Scorpion EVOs, more 1911s, some EAA pistols, a Springfield XD Gripzone, and more.

On the rifle front, there are a couple of IWI Tavors, a Springfield M1A, and a whole boatload of AR15s.

Continuing down to the accessories you find a Polaris ATV. Now that is what I call an “accessory”!

If you know of more contests, please let Aaron know of them. And while you’re at it, tell him thanks for providing this service.

Win Some Stuff From Brownells For Dad

Brownells is having a Father’s Day Sweepstakes. Here is a chance to win stuff for Dad or yourself. I just recently signed up for Brownells EDGE and like it.

Brownells Father’s Day Sweepstakes Offers Free Gear & Free Shipping for a Year
One lucky dad will take home more than $1,200 in shooting and survival gear, plus a one-year Brownells EDGE membership as a part of Brownells Father’s Day Sweepstakes.
The grand prize package includes: a Brownells range bag, pistol case, eye wear, hearing protection, first-aid kit, Echo-Sigma Trauma kit, Otis Cleaning Kit, Brownells Versatile Flashlight, Brownells 75th Anniversary Swag and more.
Five additional winners will receive a free, one-year Brownells EDGE membership.
“Brownells is a proud, third-generation family-owned company,” said Chairman Frank Brownell. “My Dad founded this business, I followed him, and my son, Pete, is now CEO. Dads have always been an important part of our business, so we’re mighty pleased to give some really cool stuff to some other great fathers in honor of Father’s Day.”
Customers may enter the sweepstakes by visiting the Father’s Day Sweepstakes page at Brownells.com.
The sweepstakes end on Sunday, June 21, 2015. Full contest rules can be seen here.

Finally Some Good News Out Of New Jersey

Gov. Chris Christie (R-NJ) granted a “full and free pardon” to Steffon Josey-Davis. Mr. Davis was the armored car guard and would-be policeman who got caught up in the Byzantine labyrinth of New Jersey’s gun laws.

The North Brunwsick armored car driver who took a plea for illegally transporting his legally owned handgun in his car has received a pardon from Gov. Chris Christie, the governor’s office announced Monday.

The clemency granted by Christie to Steffon Josey-Davis, 24, gives him a “full and free” pardon for all criminal charges stemming from his September 2013 arrest.

We interviewed Steffon on the Polite Society Podcast back in February. You can hear our interview with him here. I am very happy for Steffon and hope he can get his law enforcement career back on track. He was a nice, sincere young man and he deserved this pardon.

You can see the pardon below:

Given the recent tragedy where Carol Bowne died at the hands of her ex-boyfriend while waiting for a pistol purchase permit, this is good news. My fellow podcaster Rob Morse has more on the murder of Ms. Bowne here.

GRNC Reports HB 562 May Be Weakened On The Floor (UPDATE)

As I reported earlier, HB 562 is scheduled to be debated on the floor of the NC House of Representatives this evening. Grass Roots North Carolina sent out an alert late yesterday saying that Rep. Allen McNeill (R-Randolph) intends to offer a floor amendment that would remove the phased-in elimination of pistol purchase permits from the bill. As I read their alert, Rep. McNeill was one of the people responsible for the phase-in of the elimination as opposed to an outright elimination of it.

They are requesting people email and call the House Republicans to remind them just which group helped them get their super-majority. If the Republicans who are supposed to be our friends are so willing to sell us down the river, how could we do any worse with Democrats? At least then, instead of being stabbed in the back, it would be a face to face fight where you knew what was coming at you.

Paul Iadonisi at Arms are the Mark of a Freeman has been doing some research into prosecutions for selling a pistol in a private sale without a pistol purchase permit. He has not been able to find a single prosecution for selling a pistol without the permit.

But what was interesting is that, through a few phone calls to DAs and court clerks, it’s been discovered that selling a pistol in a private sale without a PPP (or a Concealed Handgun Permit, which suffices according to statute as well) isn’t something that is ever used in any prosecution. I.e.: it is never enforced and is likely ignored by most private sellers and buyers.

Technically, the seller is not even required to take possession of the PPP or ask to see the CHP. And even if you do, you can put it in the circular file or shred it and not be in violation of the law. And the way the law is written, even an FFL dealer is not required to take possession of the PPP, though you’d be hard pressed to find one that wouldn’t. Both the CHP and PPP are good for five years. And therein lies the problem for our sheriffs: they can issue a PPP and a year later, the recipient could commit a crime that makes him ‘prohibited person’. Yet he can go buy a gun without a background check *at an FFL*, because the NICS check was already done. There is a mechanism for the CHP to be revoked, but not the PPP.

One of the arguments that I heard from a gun owner was that he wanted to know the person to whom he was selling a handgun was not a criminal or someone who would misuse it. I think it is called commonsense. If you don’t know the person and you don’t have a good feeling about that person, then don’t sell it to them. It’s that simple.

UPDATE: Rep. Jacqueline Schaffer (R-Mecklenburg), the principal sponsor of HB 562, made a motion at approximately 7:20pm to have the bill removed back to the Rules Committee. She said there were still a lot of amendments and too many pieces still in motion.

Jackson v. San Francisco – Cert Denied

The Supreme Court denied a writ of certiorari for Jackson et al v. City and County of San Francisco. This case was an appeal from the 9th Circuit Court of Appeals which upheld a San Francisco law requiring handguns to be stored in a locked container or with a trigger lock if not on one’s person. This, on the face of it, was in conflict with the Supreme Court’s ruling in DC v. Heller.

Justice Thomas issued a dissent on the denial of certiorari with which Justice Scalia joined. His six page dissent examines why the lower courts’ ruling with regard to this case are in conflict, in his opinion, with Heller. He notes that “because Second Amendment rights are no less protected by our Constitution than other rights enumerated in that document, I would have granted this petition.”

Justice Thomas says the ruling of the Court of Appeals is “in serious tension with Heller.”  He concludes that the San Francisco law burdens the core right of self defense and it does so at a time when people are most vulnerable – at night and asleep – which is a “significant burden.” The 9th Circuit reasoned that this was not a “severe burden” justifying strict scrutiny because “a modern gun safe may be opened quickly.” Thomas disagrees.

But nothing in our
decision in Heller suggested that a law must rise to the
level of the absolute prohibition at issue in that case to
constitute a “substantial burden” on the core of the Second
Amendment right. And when a law burdens a constitutionally
protected right, we have generally required a
higher showing than the Court of Appeals demanded here
.

 Justice Thomas goes on to say:

The Court should have granted a writ of certiorari to
review this questionable decision and to reiterate that
courts may not engage in this sort of judicial assessment
as to the severity of a burden imposed on core Second
Amendment rights.

Finally, Justice Thomas takes issue with the Supreme Court’s refusal to review this decision in light of their “repeated willingness” to review splitless decisions involving alleged violations of other constitutional rights.

I realize that the Supreme Court gets many more appeals than it can reasonably hear. Nonetheless, I am in agreement with Justice Thomas that this is one in which certiorari should have been granted. That they didn’t even though a majority of the state attorneys general urged them to do so is inexplicable.

If You Don’t Have Grassroots, You Have To Buy Ads

Gabby Giffords and her Americans for Responsible Solutions (sic) have reportedly made a six-figure media buy for ads against HB 562. According to the Charlotte Observer, the ads are supposed to start running today. They feature former Wilson County Sheriff Wayne Gay.

“As a sheriff for 28 years, I fought to keep our communities safe,” Gay says in the new ad. “But right now, some in the legislature want to repeal background checks on handguns. This will make it easier for criminals and the mentally ill to get guns. … Tell the folks in Raleigh we need to keep background checks.”

The ad seen below parrots the misleading stats pushed by anti-gun Prof. Daniel Webster of Johns Hopkins University’s Bloomberg School of Public Health.

So now Gabby and her husband Mark Kelly (aka the Space Cowboy) feel the need to insert themselves into North Carolina politics just like Michael Bloomberg. I guess when you don’t really have grass roots and paid members, you have to resort to throwing money around for TV advertising.

As to former Sheriff Gay and those sheriffs who oppose HB 562, it is about power, control, and money. They don’t want to give up any power or control nor the money generated by pistol purchase permits. It never was about crime prevention when enacted and it isn’t about crime prevention now.

HB 562 Scheduled For House Floor On Monday Evening

HB 562 – the Second Amendment Affirmation Act – has finally been calendared for a vote by the whole North Carolina House of Representatives. The House convenes at 7pm on Monday and it is the first public bill on the calendar.

Grass Roots North Carolina is asking the bill’s supporters to contact the Gang of Three, House Republicans, and Gov. Pat McCrory (R-NC). Their alert is below. I would add that you should contact your own representative, Democrat or Republican, and express your support for the bill along with the elimination of the pistol purchase permit system. Even though many Democrats in the NC House have trended anti-gun, there are many who haven’t. You might be surprised by the result.

HB 562 barely clears committee as 3 Republicans vote to kill it: Bill on calendar for floor vote Monday night!
  
Thanks to the leadership of Speaker TIM MOORE (R-Cleveland, GRNC ****) and Rules Chair DAVID LEWIS (R-Harnett, ****), House Bill 562 passed in committee on Wednesday, and heads to the floor for a vote on Monday nightThat does not mean the bill is out of danger. In fact, even if the bill survives a floor vote, numerous REPUBLICANS will try to gut it by amending it to remove the purchase permit repeal and what little is left of the medical privacy language.
Republicans could sink HB 562
The bill cleared committee only after Rules Chairman Lewis voted to break a 13-13 tie – a tie which resulted only because Republicans LEO DAUGHTRY (R-Johnston), TED DAVIS (R-New Hanover) and JOHN FRALEY (R-Iredell) voted to kill the bill. We will henceforth refer to these RINOs as “The Gang of 3” and count on you to make an example of them.
Worse, there is significant opposition in the Republican caucus to the purchase permit repeal, with many Republicans listening to sheriffs who cling to the power to deny handgun purchases by anybody they arbitrarily decide is not of “good moral character.” Make no mistake: Some complain about the quality of data in the National Instant Check System, but this is all about power.
Thirteen citizens and representatives addressed the committee, with Michael Bloomberg’s “Moms” in large attendance. GRNC president Paul Valone and legislative director Jeff Rau both made comments widely carried by state and national media.

Heroes of the day
In addition to Speaker Moore and Chairman Lewis, thanks are due to Reps. JUSTIN BURR, JACQUELINE SCHAFFER, GEORGE CLEVELAND and JAY ADAMS, who spoke eloquently to defend the bill. In particular, Burr called NC Sheriffs’ Association representative Doug Miskew to the microphone to ask whether the association, which opposes the purchase permit repeal, had actually polled its members on the issue. Miskew’s answer was a dodge: “The sheriffs’ association opposes the repeal of the purchase permit law.”

Will McCrory join the gang?
Potentially joining “The Gang of Three,” a representative for Governor PAT McCRORY testified that the governor “opposes” the bill. One should note, however, that he stopped short of saying the governor would VETO the bill, unlike 2013 when the purchase permit was last considered. You need to deliver McCrory a message that the 2016 gubernatorial election is fast approaching, and he will not get your vote if he vetoes HB 562!
IMMEDIATE ACTION REQUIRED!
 
Vote is MONDAY: Act now!

· CONTACT NC HOUSE REPUBLICANS: Use the copy-and-paste list and message below to deliver a clear message that you sent them to Raleigh, and you can remove them if they vote against your interests.
 
· DELIVER A MESSAGE TO GOVERNOR McCRORY: Call him at (919) 814-2000 or use the copy/paste text under ‘Deliver This Message,’ and the web form you’ll find here(Or go to: http://www.governor.state.nc.us/contact/email-pat). You can also send him a Tweet: .@GrassRootsNC supporters: Will Gov @PatMcCroryNC live up to Conservative credentials & support #HB562, or will he join the anti-gun ‘Gang of Three?’
 
· LEAVE VOICEMAIL FOR ‘THE GANG OF THREE’: Politely let them know that they and others who “forget who ‘brung ‘em to the dance” by voting to kill or weaken HB 562 could face primaries in 2016.
CONTACT INFO
Contact Gov. McCrory: CALL at (919) 814-2000, email using the form HERE: http://www.governor.state.nc.us/contact/email-pat
Contact ‘Gang of Three’:
Ted Davis (R-New Hanover)
919-733-5786
ted.davis@ncleg.net
N. Leo Daughtry (R-Johnston)
919-733-5605
Leave a Facebook message HERE: https://www.facebook.com/pages/N-Leo-Daughtry/113801471963883?fref=ts
John Fraley (R-Iredell)
919-733-5741
john.fraley@ncleg.net
Contact House Republicans via copy/paste email list:
Dean.Arp@ncleg.netMarilyn.Avila@ncleg.netJohn.Bell@ncleg.net;Dan.Bishop@ncleg.netHugh.Blackwell@ncleg.netJohn.Blust@ncleg.net;Jamie.Boles@ncleg.netJohn.Bradford@ncleg.netBill.Brawley@ncleg.net;Mark.Brody@ncleg.netRayne.Brown@ncleg.netBrian.Brown@ncleg.net;Rob.Bryan@ncleg.netDana.Bumgardner@ncleg.netJustin.Burr@ncleg.net;Rick.Catlin@ncleg.netJeff.Collins@ncleg.netDebra.Conrad@ncleg.net;Leo.Daughtry@ncleg.netTed.Davis@ncleg.netJimmy.Dixon@ncleg.net;Josh.Dobson@ncleg.netNelson.Dollar@ncleg.netJeffrey.Elmore@ncleg.net;John.Faircloth@ncleg.netCarl.Ford@ncleg.netJohn.Fraley@ncleg.net;Mike.Hager@ncleg.netJon.Hardister@ncleg.netKelly.Hastings@ncleg.net;Bryan.Holloway@ncleg.netCraig.Horn@ncleg.netJulia.Howard@ncleg.net;Pat.Hurley@ncleg.netFrank.Iler@ncleg.netCharles.Jeter@ncleg.net;Linda.Johnson2@ncleg.netBert.Jones@ncleg.netJonathan.Jordan@ncleg.net;Donny.Lambeth@ncleg.netJames.Langdon@ncleg.netChris.Malone@ncleg.net;Susan.Martin@ncleg.netPat.McElraft@ncleg.netAllen.McNeill@ncleg.net;Chris.Millis@ncleg.netGary.Pendleton@ncleg.netMichele.Presnell@ncleg.net;Dennis.Riddell@ncleg.netGeorge.Robinson@ncleg.netStephen.Ross@ncleg.net;Jason.Saine@ncleg.netMitchell.Setzer@ncleg.netPhil.Shepard@ncleg.netPaul.Stam@ncleg.netBob.Steinburg@ncleg.netSarah.Stevens@ncleg.net;John.Szoka@ncleg.netJohn.Torbett@ncleg.netRena.Turner@ncleg.net;Harry.Warren@ncleg.netSam.Watford@ncleg.netRoger.West@ncleg.net;Chris.Whitmire@ncleg.netLarry.Yarborough@ncleg.netLee.Zachary@ncleg.net;Chuck.McGrady@ncleg.netPaul.Tine@ncleg.net
DELIVER THIS MESSAGE
For House Republicans, suggested Subject: “Support HB562: Don’t sell out NC gun owners”
Dear Representative:
I am very disappointed that after working hard to give pro-freedom representatives control of the North Carolina Assembly that some have returned the favor by attacking Second Amendment rights.
Have Republicans forgotten who got them elected?
Particularly disappointing are actions of three republicans; Ted Davis, Leo Daughtry and John Fraley who almost killed HB562, the Second Amendment Affirmation Act. They appear to be listening to the handful of Sheriffs who control the North Carolina Sheriff’s Association (NCSA). Do these few politically-active Sheriffs really represent our 100 counties? Note that NCSA representatives dodged when asked if Sheriffs had been polled on the issue.   
This ‘Gang of Three’ have betrayed their constituents and are now paying a heavy price for their sell-out of the rights of North Carolinians. Do not risk sharing their fate.
Sincerely,
For Gov. McCrory, suggested Subject: “Support HB562: Don’t sell out NC gun owners”

Dear Governor:
I am terribly disappointed to hear that you oppose HB562. I am writing to insist that you rethink your opposition to this pro-Second Amendment bill, and by doing so, live up to the Conservative credentials you had advertised on the campaign trail.
HB562 would prevent health care providers from unreasonably snooping on their patients, and expand concealed carry so that law-abiding permit holders can better protect their families. Perhaps most importantly, HB562 would put an end to the Jim Crow-era Pistol Purchase Permit system (PPP). The PPP system is a disconcerting heirloom, and it would be quite appropriate for a Republican governor to officially sign away this remnant of an embarrassing era.
If you are determined to work against the law-abiding gun owners of North Carolina by opposing HB562, I cannot imagine voting for you in the future. Conversely, I would be pleased to support a primary opponent, one who pledges to stand for the Bill of Rights, and someone who can be counted on to act on those pledges once in office.
I must insist that you live up to your campaign pledges to stand for gun rights, and support HB562. Failure to do so will certainly have political consequences. I will continue to monitor this issue through alerts from Grass Roots North Carolina.
Respectfully,

D-Day Plus 71 Years

As a child of the 60s and 70s, it is hard for me to comprehend that D-Day occurred 71 years ago today. My father and the fathers of many of my school mates had served in WWII. The war was not some distant memory.

I came across Gen. Eisenhower’s handwritten speech to be used if the Normandy invasion failed. What struck me about it is how he was willing to take the blame if the invasion failed. By contrast, I think about modern day politicians at the highest levels and see how few of them are really willing to take the blame. “Under the bus” seems to be their motto.

If you have trouble reading cursive, you can read the message here along with a story about its background.

The Christian Science Monitor has a 25 question quiz about the D-Day invasion. It isn’t easy.