Last Chance For Constitutional Carry In NC

Permitless concealed carry passed the North Carolina House of Representatives over a year ago. Since then it has been bottled up in the State Senate and has not gotten a hearing nor a vote. Now that the Republicans have lost their supermajority in the General Assembly, any action on permitless concealed carry has to happen now. There is not a chance in hell that Gov. Roy Cooper (D-NC) won’t veto it and there is also no way for it to get passed without the Republicans sticking together and overriding that veto.

Grass Roots North Carolina is asking North Carolinians to contact Senate President Phil Berger and demand that a vote be taken. Their alert is below:

PERMITLESS CONCEALED CARRY

CAN HAPPEN—RIGHT NOW

There is a season for everything. A time to pass HB-746, while a Governor’s veto can still be overridden, is upon us. . . 

Senate Leadership’s Past Inaction
In recent months, North Carolina’s Republican senate leadership disappointed us with their inaction. Senate President Pro Tempore Phil Berger’s ostensibly pro-Second Amendment party had the numbers necessary to override a governor’s veto. To pass HB-746 (Permitless Concealed Carry and more), the NC Senate certainly had the support of the people. In fact, North Carolina gun owners, and other pro-civil rights citizens, were not only supportive of the bill, they downright demanded it. Yet, Senator Berger and Senate Rules Committee Chair, Senator Bill Rabon, didn’t deliver. They decided not to shepherd this excellent pro-gun bill through the NC Senate (it has already passed the NC House).

The Future Looks Freer
Fortunately, today is a new day—the past is the past. Rather than lamenting Senator Berger’s and Rabon’s past missteps, it’s time we offer solutions for a brighter future, and we at GRNC see Permitless Concealed Carry headed this way.

At this point in time, until January, Republicans still maintain a veto-proof majority in the NC Senate, just as they do in the NC House. Any perceived impediments to making HB-746 the law in our state are just that: perceived—but not real. At this moment, no obstruction is solid, and none can stand in the way of HB-746. Only Republican leaders themselves can stop it. Of course, the clock is ticking…
Senators Berger and Rabon must act
now to make this happen

Preparing for Future Victories
Should Senator Berger, Rabon and other senate leaders once again fail to act, it would only be another demonstration of the behavior that caused the loss of their veto-proof majorities (starting in January). Becoming squishy on gun rights, inaction and half-measures—these are the things that cause voters to sit home on Election Day, and this surely influenced the lackluster election results. Bold action, adhering to campaign rhetoric, and sweeping advances of the people’s rights—these are the things that victories are made of, and we can only hope that Senator Berger and others have learned this lesson, and have already started preparing for future victories. (Hint: passing HB-746 would be a good start). 

Demand the NC Senate Pass HB-746
Below, you’ll find information about how you can urge senate leader Phil Berger to act fast, pass HB-746 and then override the governor’s likely veto.  There is no reason this can’t be done, and it absolutely should be.

The only politicians who can stop
HB-746 are NC Senate Republicans  

 
 
Immediate Action Required!
  • PHONE NC SENATE PRO TEM PHIL BERGER: Use this number, (919) 733-5708, and the short text provided below to leave a message with staff (or on voice-mail). Suggested phone message:
 
Hello, my name is ____________, and I am calling to insist that Senator Berger utilize the veto-proof majority that Republicans still maintain in order to pass the omnibus gun bill, HB-746, and then override the governor’s likely veto. In the recent past, senate leadership disappointed voters on this bill, and on gun rights in general. However, Mr. Berger and other leaders now have a golden opportunity to make up for this and stand for gun rights. Of course, the clock is ticking on the supermajorities, so please tell Mr. Berger to act now, pass HB-746, and override the Governor’s likely veto. Thank you.

  • EMAIL NC SENATE PRO TEM PHIL BERGER: Use the email address and the copy/paste text provided below, under ‘Deliver This Message,’ to send a strong message about advancing our civil rights at every possible turn.
DELIVER THIS MESSAGE
Email to: Phil.Berger@ncleg.net
Suggested Subject: “Pass HB-746 While You Still Can”  
Dear Senator Berger

I am writing to insist that you utilize the veto-proof majority that Republicans still maintain in order to pass the omnibus gun bill, HB-746, and then override the governor’s likely veto.

In the recent past, senate leadership disappointed voters on this bill, and on gun rights in general. However, you and other leaders now have a golden opportunity to make up for this past disappointment and stand for gun rights. At this point, there is nothing to lose, and any perceived impediments to making HB-746 the law in our state are just that: perceived—but not real.

Of course, the clock is ticking on the Republican supermajorities, so please act now, pass HB-746, and override the Governor’s likely veto.

I will be monitoring your actions on this matter through alerts from Grass Roots North Carolina.  

Respectfully,

Marketing Jiu-Jitsu Or How To Turn An Anti’s Campaign Into A Win For Gun Rights

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You may have seen the story last week that announced with great fanfare that Toms Shoes was going to donate up to $5 million to “combat gun violence” (sic). Since they are trendy shoes popular with Millennials, the announcement was made by company founder Blake Mycoskie on The Tonight Show with Jimmy Fallon. The money will go to organizations like Giffords, Everytown, Moms Demand, and March for our Lives among others.

For those that don’t know about Toms Shoes, their value proposition is that when you buy their trendy (and flimsy) shoes, they will donate another pair to a shoeless child in a Third World country. In other words, spend $50 on their shoes, feel good about yourself, and in return they will ship another pair which cost them probably a buck or two to Haiti or the Congo or a like country. What a great marketing ploy that even uber-liberal Vox calls a sham. Moreover, the shoes manufactured in China, Argentina, Haiti, and Africa could be coming from sweatshops.

The End Gun Violence Together campaign even features its own trendy-looking logo that will now be used throughout Toms Shoe stores nationwide.

Adams Arms, the Florida based maker of piston ARs and piston conversion kits, saw this and is using it as the genesis for their own campaign to help homeless veterans and promote gun rights. They are calling it Adams Arms’ #MagsForToms BuyBack Movement. They are trading 30-round Amend2 magazines for new or used Toms Shoes. In states where 30-rounders are forbidden, they will trade a 10-round magazine. Their original idea was to take all the shoes traded in and burn them in an Instagram live video.

“Originally we were going to burn the shoes, but decided that’s no way to treat something that could be used again by homeless veterans,” VP of Sales & Marketing, Jens Krogh, said.

“But then we thought to ourselves… we should at least make the shoes less hippie. So we’re going to alter them with a pro Second Amendment message and THEN donate them to several worthy causes for veterans and impoverished people living in oppressive countries where they do not have the freedoms we cherish.”

Amend2 Magazines liked the Adams Arms plan so much that they donated the first batch of #MagsForToms to be traded for Toms Shoes.  Details on how to make the trade are below.

Here’s how it works. Send Adams Arms your shoes at:

Adams Arms
Mags for TOMS
1551 Gunn Highway
Odessa FL 33556

You must include a note with your shipping address and email address. It must be legal to ship a 30 round mag to your state, or if you live in a restricted state, Adams Arms will send you a 10 round magazine.

Before you send them… post a picture with #shoeburn #magsfortoms and #shallnotbeinfringed to spread the word.

 As Adams Arms correctly notes in their release, the Toms campaign which includes a push for universal background checks “to end gun violence” (sic) will do nothing to keep firearms out of the hands of criminals. I would go further and say it does nothing to address the root causes of the criminal misuse of firearms in places like Chicago or Baltimore.

My granddaughter Olivia has Toms given to her that I’m sure she has outgrown. I may just to trade them in on a new magazine. In the meantime, I applaud Adams Arms for doing something positive for both the Second Amendment and homeless veterans.

“Kentucky Bourbon Tales: Distilling the Family Business”

Kentucky Educational Television created a documentary featuring interviews with many of the first families of bourbon. These include the Beams, the Noes, the Samuels, the Russells, and the list goes on. To make this documentary KET took over 30 hours of interviews and distilled (no pun intended) it down to about 56 minutes.

If you ever wanted a short history of bourbon and its makers, this is it. I imagine that the Kentucky Distillers Association played a large role in assembling the interviewees as there is one major distillery missing. That would be Buffalo Trace which is owned by Sazerac and which is not a member of the KDA. Nonetheless, this is a good documentary to sit back and watch while sipping on your favorite bourbon. It makes more sense to do this than to brave all the traffic and crowds on Black Friday!

If you would like to hear more interviews in greater depth, the Louis B. Nunn Center for Oral History at the University of Kentucky has a page devoted to strictly to bourbon and its history.

A Takeaway For Gun Owners From Pelosi’s Campaign For Speaker

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Nancy Pelosi (D-CA) will probably be the next Speaker of the House of Representatives. I say probably because there are some Democrats that are opposed to her and the aging leadership. She, Steny Hoyer (D-MD), and James Clyburn (D-SC) are all in their 70s. However, while this group of dissidents might prevent Pelosi from getting the requisite number of votes (218), it is doubtful they will win in the end.

In a story in the Washington Examiner about Pelosi’s campaign for Speaker and the battle her allies are waging on her behalf was this:

As the leadership fight escalates, Pelosi’s lined up endorsements from former President Barack Obama — who called Pelosi “one of the most effective legislative leaders” on Tuesday — and key advocacy groups that helped Democrats retake the majority. Progressive groups, gun control organizations, unions, reproductive rights groups like NARAL Pro-Choice and more have thrown their weight behind Pelosi’s speaker bid.


“Do you really want to make enemies out of these groups?” said (Rep. Jan) Schakowsky, adding later, that the fight “is not just inside baseball, this has enormous ramifications for how we successfully move forward to pass an agenda that’s going to help people.”

The Brady Campaign and Shannon Watts have all formally endorsed Pelosi for Speaker. Moreover, Michael Bloomberg who “invested” over $100 million in this election cycle to get Democrats elected has worked closely with Pelosi and shared office space with her super PAC.

What does this mean for gun owners?

It should be obvious – expect gun control to be on the Democrats agenda in the House from day one of the new Congress. Pelosi has a constituency to repay and she will. I fully expect that bills will be introduced that will contain every gun control measure that you can think of and some that we haven’t. Moreover, these bills will get a hearing in the House Judiciary Committee and most will pass in the House. Furthermore, the Hearing Protection Act, national reciprocity, and even provisions for use of Pittman-Robertson funds to construct shooting ranges are dead.

Our only hope for stopping these infringements will be the Senate which remains in Republican hands. Even then, there are some Republicans who might vote for things like red flag laws or bans on bump fire stocks. Fortunately, the filibuster is still alive when it comes to bills passing the Senate and it still will require 60 votes to invoke cloture. Therefore, if you haven’t contacted your two Senators or Senator-elect, you better do it now and put opposition to gun control on their radar.

The Chinese curse “may you live in interesting times” will epitomize the next two years when it comes to the fight for gun rights.

SAF And NRA File Joint Suit Against Washington State Over I-1639

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The Second Amendment and the National Rifle Association have joined together to challenge parts of the recently passed Washington State Initiative 1639 in a federal lawsuit. The initiative contained a laundry list of gun control measures including a definition of an assault weapon (sic) that would include Ruger 10/22s, raised the age to purchase semi-automatic rifles to 21, specified waiting periods, enacted a safe storage provision, includes a $25 tax on each semi-automatic rifle sold, requires law enforcement to verify annually that owners of handguns and semi-auto rifles are legally allowed to own them, and it includes a training requirement.

The initiative was funded in great part by billionaires such as Michael Bloomberg, Nick Hanauer, and the late Paul Allen. The goal, while not state overtly, is to kill out the gun culture in Washington State by making it so onerous and creating such a slippery slope that casual gun owners will just give up. You can hear some thoughts on this from a Washington State resident in Episode 308 of The Squirrel Report podcast.

The lawsuit, Mitchell et al v. State of Washington et al, was filed on Wednesday in US District Court for the Western District of Washington. It is a complaint for both a declaratory judgment and injunctive relief based upon a claim of violations of the Commerce Clause, and the 2nd and 14th Amendment.

The plaintiffs are firearms dealers Daniel Mitchell and Robin Ball, 19 year old competitive shooter Luke Rettmer who is a member of the US Long Range Rifle Under 21 team, 19 year old Army reservist and college student Nathaniel Casey, and recreational shooters Armen Tooloee and Matthew Wald who are 20 and 19 years old respectively. The Second Amendment Foundation and the National Rifle Association are the organizational plaintiffs in the case.

The lawsuit focuses in on four aspects of I-1639 which goes into effect, in part, on January 1, 2019 with the remainder going into effect on July 1, 2019. First, it challenges Section 12 of the Initiative’s ban on the sale of semi-automatic rifles to out-of-state residents on the grounds it “impermissibly burdens interstate commerce in violation of the Commerce Clause of the United States Constitution, Art. I § 8 cl. 3.”

Secondly, the lawsuit challenges Section 13 of the Initiative which raises the age to purchase semi-automatic rifles to 21. It seeks a declaration that “by preventing the sale to otherwise qualified adults under age 21 of certain rifles, impermissibly burdens their exercise of rights guaranteed by the Second Amendment to the United States Constitution.” They are making this claim on behalf of both the Young Adult Plaintiffs and the Organizational Plaintiffs. It is asserted that no state interest justifies this infringement and that the ban is broader than needed to serve any “possible alleged governmental interest.”

Thirdly, the lawsuit contends that the Section 13 of the Initiative “impermissably burdens” the rights guaranteed to the Young Adult Plaintiffs under Article I Section 24 of the Washington Constitution.

Finally, the lawsuit says that the intention of Washington State Attorney General Robert Ferguson to enforce the provisions of I-1639 and will be acting under “color of law”. Thus, Ferguson will be depriving “plaintiffs of civil rights guaranteed by the Second Amendment to the United States Constitution, as applied by the Fourteenth Amendment to the United States Constitution.”

The plaintiffs seek to have the challenged portions of I-1639 declared unconstitutional and to enjoin enforcement of the entire I-1639 unless the challenged parts are ruled severable, and if so, then enforcement of the challenged parts.

The complaint in its entirety can be found here.

Both the Second Amendment Foundation and the National Rifle Association have issued releases regarding this lawsuit.

Alan Gottlieb of SAF had this to say:

“We are also considering additional legal challenges,” SAF Executive Vice President Alan Gottlieb confirmed. “We are disappointed that too many Evergreen State voters were fooled into supporting this 30-page gun control scheme, despite overwhelming law enforcement opposition. This initiative is an affront to the constitutional rights enshrined in the Second Amendment and the Washington state constitution, especially for young adults.

“We’re determined to fight this egregious measure because constitutionally-protected rights should never be subject to a popularity vote,” he stated. “The wealthy elitists behind I-1639 want to turn a right into a regulated privilege. This measure was only designed to have a chilling effect on the exercise of a constitutional right by honest citizens while having no impact at all on criminals, and we cannot let it go unchallenged.”

Chris Cox of the NRA Institute for Legislative Action had similar comments:

“The NRA is committed to restoring the Second Amendment rights of every law-abiding Washingtonian,” said Chris W. Cox, executive director of NRA¹s Institute for Legislative Action. “I-1639 violates the constitutional rights of law-abiding citizens and puts people at risk. This lawsuit is the first step in the fight to ensure that Washingtonians are free to exercise their fundamental right to self-defense.”…



“The NRA will fight to overturn this unconstitutional initiative. We will not sit idly by while elitist anti-gun activists attempt to deny everyday Americans their fundamental right to self-defense,” concluded Cox.

I, for one, am quite pleased to see the Second Amendment Foundation and the National Rifles Association working together on this lawsuit and not competing with one another for bragging rights. This is the way it should be.

Love This Bill Number

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Rep. Jonathan Stickland (R-TX-House 92) is a pro-gun conservative and an advocate for constitutional carry in Texas. The Texas House of Representatives has recently opened their filing of bills for the upcoming session. My friend and fellow podcaster Rachel Malone alerted me to a new bill he has introduced.

I love his announcement of it on Twitter.

 I see what he did there!

The bill text can be found here.

Comparison Of Old Style M16A1 To A Modern AR-15

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One of the YouTube channels I enjoy watching is from a guy who calls himself Garand Thumb. Despite his resemblance to Travis Haley, he is not his son. Mike Jones (his actual name) is, however, an active duty USAF SERE Specialist. His videos have a lot of equipment testing reviews.

One of his most recent videos examines an old school M16A1 versus a more modern AR-15 SBR with all the bells and whistles. As I’ve accumulated most of the parts to build my own retro M16A1 – though, of course, semi-auto – I was very interested in his impressions. He ran a variety of shooting drills with both rifles. With the exception of having to move around a barrier, they were very comparable. One thing he noted was how well balanced the M16A1 was in comparison to his SBR and to an actual M4 carbine.

“I want gun control and I hope to God nobody else sends me any more prayers.”

The above quote comes from Susan Orfanos. She was the mother of Telemachus Orfanos who was one of the victims in the multiple murders committed at the Borderline Bar in Thousand Oaks, California. It was reported on the CBS Evening News for Friday, November 9th.

“He didn’t come home last night,” said his mother, Susan. “I don’t want prayers. I don’t want thoughts. I want gun control and I hope to God nobody else sends me any more prayers. I want gun control. No more guns.”

The link to the story includes the video interview with her and a friend of the murderer.

I can excuse the bitter words of a distraught mother who lost a son. However, I have also gotten emails from both the Brady Campaign and the cult of personality known as Giffords calling for more gun control and asking for donations.

Excuse me but these murders happened in the gun control paradise known as California. Giffords Law Center rates the state an “A”. It is the only state in the Union rated this high. Even New York, New Jersey, and Massachusetts only get A minuses. In the last Brady Campaign rankings I can find from 2015, California was the number one state in terms of adopting the gun control measures they wanted.

Red Flag laws?

Check!

Highly restrictive may issue concealed carry?

Check!

Ban on open carry?

Check!

Waiting periods?

Check!

Assault weapon (sic) bans?

Check!

Magazine size restrictions?

Check!

Purchase of ammunition only through licensed dealers?

Check!

Background check to buy ammo?

Check!

Ban carry in establishments that serve alcohol?

Check!

The state has every thing that the gun prohibitionists have been calling for to supposedly stop “gun violence” and “mass shootings” and yet it failed. When a murderer is determined to commit evil deeds the weapon really almost becomes irrelevant. It could just as easily have been an attack using a knife as in Melbourne, Australia on Friday. Even worse might have been an arson attack where an exit was illegally locked or blocked. Some of the worst night club fires in the US and the rest of the world have been due to arson.

My point is that there is little that can be done to stop the initial attack even with the most restrictive of laws. Evil people will do what evil people will do.

That said, there are a number of things that might have lessened the toll. For example, if the six off-duty cops there had been allowed to carry in the Borderline Bar, they could have responded with deadly force to stop the murders. Or, for example, as Greg Ellifritz points out, the murderer posted to Facebook and Instagram during the attack which was an opportunity to attack the murderer when he was distracted. While it might have been illegal in California, in many states you can carry in a place that serves alcohol so long as you don’t drink. This would be the place for Designated Defenders as suggested by Massad Ayoob.

I’m not sure how to prevent all mass violence events. I do think Malcolm Gladwell is on to something with his theory of threshholds where each event begets a larger and worse event. Media publicity doesn’t help. I’m not saying that it shouldn’t be reported but restraint and discretion should be exercised. For a start, do like many bloggers and academics have pledged: don’t report the killer’s name. As the No Notoriety campaign suggests focus on the victims and not the killer.

It would be a start. In the meantime, be alert and be careful where you go.

A Message From Medium Amanda

This post has nothing to do with lawyers – not even election lawyers. It has nothing to do with guns – not even gun control. And this post has might have something to do with money as in an email scam. We all get spam and we probably all have received emails from Nigerian princes or the widow of a long deposed African dictator offering a share of the wealth if we help them collect it.

However, this email was different. It was from a medium named Amanda who is offering to “bend fate in my favour”. The only problem is that Medium Amanda hasn’t quite figured out how to customize her emails to each and every recipient.

Dear firstname,


Your energy came to me in a beautiful vision. I see that you are at a crossroads. You can pick either side: fortune will smile upon you, or disaster will strike.


I possess the gift to bend fate in your favour. This means that your cash flows will considerably increase within the foreseeable future.


All I need is your approval to change your destiny. I need some information from you in order to tell you exactly what you have to do to build your fortune.


If you do not take any action within 5 days, I can no longer help you avoid your fate. Click the link below so that I can tell you how you can realize your biggest dreams.


This is top priority for me, so let me give you the answer as soon as possible.


Love,
Medium Amanda

Medium Amanda even included a picture of herself!

The cynic in me thinks that this picture of Medium Amanda kind of looks like a stock photo and that her offer to help me realize my biggest dreams probably is a scam. Nonetheless, I am selfish so will keep her link of an offer of help all to myself.

And to all the Medium Amandas out there, thank you for giving me something to write about on a cold, damp, grey Monday morning.

And At The Eleventh Hour The Guns Fell Silent

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H. G. Wells called the Great War or World War I the “war to end all wars.” We know that was a mythical false hope. Indeed, it can be rightly said that the Treaty of Versailles created the conditions that led, in no small part, to World War II.

The Armistice that ended the fighting on the Western Front went into effect at 11 am Paris Time on November 11, 1918. At that time, fighting was to cease. However, as I noted in a post a few years ago, fighting continued and men still died right up to until that time. Private Henry Gunther of Baltimore continued fighting to the end and was killed at 10:59 am as he charged a German machine gun nest. He was officially the last Allied soldier to die in combat.

Thus, this recording released by the Imperial War Museum in London is all the more eloquent as it begins with artillery fire and ends with the sound of birds singing. It comes from a recording made in the American sector near the River Moselle just before and after the eleventh hour.

So on this Veterans Day, the 100th anniversary of the Armistice ending fighting in World War I, let us remember all those living and dead who served in our country’s armed services.