Historical Ignorance Is No Excuse

As philosopher George Santayana wrote, “Those who do not remember the past are condemned to repeat it.” Taken a step further, historical ignorance is no excuse for opposing a law meant to write a wrong.

In this case, it is the 1919 law originally entitled “an act to regulate the sale of concealed weapons in North Carolina.” Both houses of the North Carolina General Assembly have voted to repeal this law and have sent HB 398 to the governor’s desk where it is likely to be vetoed.

One of the leading opponents of the repeal is Sen. Natasha Marcus (D-Mecklenburg). A lawyer and community organizer, Marcus proudly proclaims her membership in Moms Demand Action. She is a graduate of Hamilton College in New York and the Duke University School of Law.

From Marcus campaign website

In her opposition to the repeal, the AP reports this:

The local pistol permit requirement began in 1919 during the Jim Crow era, and some bill supporters argue it’s still preventing law-abiding black residents from obtaining weapons. But a local NAACP leader spoke against the bill earlier Wednesday, and Marcus said such opposition is evidence to her that the current permitting system isn’t racist.

Just because a local NAACP leader spoke against the repeal does not confer racial neutrality upon the law. I’m sure if Lt. Gov. Mark Robinson (R-NC) who is black had condemned the existing law as discriminatory and based upon a desire for white supremacy – which it was – that Sen. Marcus would ignore it and call Lt. Gov. Robinson just a tool of the NRA.

For Sen. Marcus’ edification and education, here are some links that illustrate the history as well as the disparate impact of the law:

By historian Clayton Cramer – North Carolina’s Permit to Purchase Law: The Rumble Seat of Gun Control Laws?

By Nicholas Gallo in the North Carolina Law Review – Misfire: How the North Carolina Pistol Purchase Permit System Misses the Mark of Constitutional Muster and Effectiveness

Finally, a couple from myself – “An Act to Regulate the Sale of Concealed Weapons in North Carolina” – Part I and “An Act to Regulate the Sale of Concealed Weapons in North Carolina” – Part II

I do not hold the fact that Sen. Marcus was born and bred in New York against her. My mother was born and raised in New York and Paul Valone who has been tireless in the fight to overturn this Jim Crow law is also a New York native.

I do hold her ignorance of North Carolina history against her. I also find it contemptuous that she uses the testimony of a NAACP leader as her justification for saying the law is not racist. To be perfectly frank, she couldn’t care less whether it was or was not racist. All that matters to her is that it is gun control of which she is a card carrying supporter.

Democrats Vote To Preserve Jim Crow Law

Every Democrat in the North Carolina Senate save two voted against the repeal of the pistol purchase permit. As I and others have noted many times, the history and purpose of this bill passed in 1919 was to disarm black North Carolinians.

The only two Democrats who didn’t vote against repeal of this Jim Crow law were Sen. Don Davis (D-Greene, Pitt) who didn’t vote and Sen. Ernestine Bazemore (D-Beaufort) who had an excused absence. By contrast, every Republican supported the repeal with the exception of Sen. Bob Steinburg (R-Camden) who had an excused absence.

HB 398 had already passed the NC House of Representatives with bi-partisan support.

The bill has passed its 2nd and 3rd readings and has been enrolled. It now goes to Gov. Roy Cooper’s desk where undoubtedly he will continue the Democrat’s support of a law conceived in racism. A law that research in the North Carolina Law Review has shown still discriminates against blacks.

In a day and time when I get virtually daily emails from liberal groups denouncing Confederate statues as racist symbols and college buildings being renamed due to the segregationist past of their namesakes, I find it hard to comprehend just how strongly Democrat legislators, both white and black, cling to a law conceived in racism. Not only was it conceived in racism but the law still has a disparate impact on minorities.

I guess Democrats are more afraid of white women funded by a New York billionaire than they are of their own minority constituents. Go figure.

HB 398 Coming To Vote In NC Today

HB 398, the repeal of North Carolina’s pistol purchase permit, will be coming up for a vote in the NC Senate soon today. That may even be today as it has passed both the Senate Judiciary and Rules Committee. The NC House has already approved the repeal with a bipartisan majority. Undoubtedly, Gov. Roy Cooper (D-NC) will veto it and it will come up for an override. Pressure needs to be put on both Republicans and Democrats in the NC Senate to pass the bill and then to vote for the override.

Grass Roots North Carolina has been leading the fight on this for years. They sent out the following alert last night. I have sent my letters and I’d encourage you to do so as well. On the letter to Democrats, I added that we take down Confederate monuments as “racist” – shouldn’t we repeal a law that is actually still discriminating against blacks?

Action Vital to Repeal Purchase Permits

HB 398 to repeal our Jim Crow-era pistol purchase permit law passed the Senate Rules Committee today and heads to the floor for a vote as early as tomorrow. Please contact all members of the NC Senate immediately!
In today’s committee hearing, articulate defense of the bill was provided by sponsor Rep. Jay Adams (R-Catawba), Sen. Chuck Edwards (R- Buncombe, Henderson, Transylvania) and Sen. Ralph Hise (R- Madison, McDowell, Mitchell, Polk, Rutherford, Yancey). The usual leftist whining was made by Sen. Jay Chaudhuri (D-Wake). Thanks are also due Senate President Pro Tem Phil Berger and Rules Chair Sen. Bill Rabon for moving HB 398 in a timely fashion.
GRNC president Paul Valone testified to the committee, noting both the racist origins of the law. (which is being racially applied even today), and the fact that GRNC has so far had to sue two sheriffs to get permits issued in the 14 days required by statute even as broad scale civil unrest causes thousands of new gun owners to unsuccessfully seek permits. After his testimony, Chaudhuri commented that it was acceptable that gun owners should have to sue sheriffs merely to exercise their rights. 
As usual, Marcus and representatives of North Carolinians “Against Gun Violence” (formerly North Carolinians for Gun Control) promulgated mistruths about guns being purchased without background checks at gun shows and online sales, blithely ignoring the reality that the same laws apply in those venues as anywhere else. 
Amusingly enough, Marcus admitted the Jim Crow discriminatory origins of a law which is being used even now to disproportionately deny guns to minorities, meaning that in the interest of banning guns, Democrats are now defending racism.
Perhaps most ironic was Marcus’ claim that she is “not anti-gun” but merely “anti-violence,” which not only belied the fact that she and others like her always support restrictions on gun ownership, but also attempted to falsely cast gun rights supporters as “pro-violence.”
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IMMEDIATE ACTION REQUIRED!
HB 398 Will have a probable floor vote tomorrow. Accordingly, we need you to contact all members of the NC Senate to tell them to support the bill. Please note that we are using different messages for Republicans vs. Democrats.

Senate Republicans:  Ted.Alexander@ncleg.gov; Deanna.Ballard@ncleg.gov; Lisa.Barnes@ncleg.gov; Phil.Berger@ncleg.gov; Danny.Britt@ncleg.gov; Jim.Burgin@ncleg.gov;Kevin.Corbin@ncleg.gov; David.Craven@ncleg.gov; Warren.Daniel@ncleg.gov; Chuck.Edwards@ncleg.gov; Carl.Ford@ncleg.gov; Amy.Galey@ncleg.gov; Kathy.Harrington@ncleg.gov; Ralph.Hise@ncleg.gov; Brent.Jackson@ncleg.gov; Steve.Jarvis@ncleg.gov; Todd.Johnson@ncleg.gov; Joyce.Krawiec@ncleg.gov; Michael.Lazzara@ncleg.gov; Michael.Lee@ncleg.gov; Tom.McInnis@ncleg.gov; Paul.Newton@ncleg.gov; Jim.Perry@ncleg.gov; Dean.Proctor@ncleg.gov;Bill.Rabon@ncleg.gov; Norman.Sanderson@ncleg.gov; Vickie.Sawyer@ncleg.gov; Bob.Steinburg@ncleg.gov
Senate Democrats:
Sydney.Batch@ncleg.gov; Ernestine.Bazemore@ncleg.gov; Dan.Blue@ncleg.gov; Jay.Chaudhuri@ncleg.gov; Ben.Clark@ncleg.gov; Sarah.Crawford@ncleg.gov;Don.Davis@ncleg.gov; Kirk.deViere@ncleg.gov; Toby.Fitch@ncleg.gov; Valerie.Foushee@ncleg.gov; Michael.Garrett@ncleg.gov; Jeff.Jackson@ncleg.gov; Paul.Lowe@ncleg.gov; Natasha.Marcus@ncleg.gov; Julie.Mayfield@ncleg.gov; Mujtaba.Mohammed@ncleg.gov; Natalie.Murdock@ncleg.gov; Wiley.Nickel@ncleg.gov;Gladys.Robinson@ncleg.gov; DeAndrea.Salvador@ncleg.gov; Joyce.Waddell@ncleg.gov; Mike.Woodard@ncleg.gov  
DELIVER THIS MESSAGE

Message for Senate Republicans: Suggested subject: “Support HB 398: Repeal archaic permit law”   Dear Senator:
Please accept my thanks to Republicans for moving HB 398, “Repeal Purchase Permit Law,”. 
If the law is repealed, background checks for gun purchases will be done at the time of sale, rather than up to five years earlier, as under current law. In fact, the Charlotte Observer documented cases of people getting purchase permits, committing crimes, but still having permits available for use (and to bypass the National Instant Background Check System) even after becoming ineligible to purchase firearms.
This year, the North Carolina Sheriffs Association reversed its position and now supports repealing the law. With both gun rights supporters and law enforcement organizations now supporting repeal, only gun control advocates want to keep the system despite the fact that it gives criminal access to firearms.
I will be monitoring all actions on HB 398 through Grass Roots North Carolina legislative alerts.
Respectfully, Message for Senate Democrats: Suggested subject: “Support HB 398: Repeal racist permit law”
Dear Senator:
In the interest of bringing background checks into the 21st Century, I strongly urge you to support HB 398, “Pistol Purchase Permit Repeal.” The North Carolina Sheriffs’ Association now supports repeal of our Jim Crow-era pistol purchase permit law as “duplicative.” Meanwhile, as depicted in a recent NC Law Review paper, black applicants are being denied permits at a rate three times that of whites, revealing that racism in permit issuance continues to this day.
Moreover, sheriffs in Wake, Mecklenburg and Guilford counties are using the law to obstruct lawful citizens from obtaining handguns for self-defense, even as rising civil unrest around the country makes it more vital than ever that citizens have the means to defend their families.
Worse, an investigation by the Charlotte Observer found that pistol purchase permits, which are untraceable and valid for five years, continue to be held – and potentially used to bypass background checks – by people who subsequently become ineligible to own guns.
I strongly encourage you to support repeal of the archaic permit law, after which background checks for gun purchases will be done at the point of sale, not up to five years prior. I will continue to monitor this issue through Grass Roots North Carolina legislative alerts.
Respectfully,

Taliban – You Don’t Need Weapons For Personal Protection

As the Taliban consolidate their power in Kabul, Afghanistan, they have started going door to door collecting weapons from private citizens.

From Reuters:

Taliban fighters in the Afghan capital, Kabul, started collecting weapons from civilians on Monday because people no longer need them for personal protection, a Taliban official said.

“We understand people kept weapons for personal safety. They can now feel safe. We are not here to harm innocent civilians,” the official told Reuters.

The Taliban also believe in a strict interpretation of Muslim law including women should not leave their homes unless accompanied by a male relative and to be fully covered in a burqa. There are numerous stories of how they have killed or beaten innocent women as they moved back to power.

This leads me to ponder on the the conundrum facing American gun prohibitionists like Everytown, Moms Demand Action, Giffords, and the Brady Campaign. On the one hand you have a group that brutally subjugates women like it was the 7th Century. On the other hand, they want to ban the private possession of firearms saying, in essence, the state will protect you.

Choices are tough.

Black April Redux

I bought the book Black April: The Fall of South Vietnam, 1973-1975 back in 2012. Given my father served two tours of duty in South Vietnam and I know many veterans from that war, that period has always been of historical interest to me.

I’m not sure if I finished reading Black April or not but I definitely need to go back and re-read it. That is especially true when I see photos like these.

US Embassy, Saigon, 1975, CBS News
US Embassy, Kabul, 2021, AP Photo/Rahmet Gul

Currently, I’m reading Valley of Decision: The Siege of Khe Sanh. I’m reading it because of the parallels between fight for Khe Sanh and the fight for the Korengal Valley including the Korengal Valley Outpost. They both involved mountain-top outposts that many US troops died to defend which the top brass decided to eventually just abandon. My best friend’s son served as the company XO for the next to last company (Viper Company, 1-26 INF, 3 BCT, 1 ID) to occupy the Korengal Valley and wrote about it in this article for Foreign Policy. John eventually transitioned to the Maryland National Guard where he serves as a LTC in a Information Operations unit.

Don McLean Plays NRA Annual Meeting

A tweet by Bitter brought up that Don McLean was playing the Saturday musical event at the NRA Annual Meeting. I never pay much attention to that event as I never go. I would agree with her that he should have gotten top billing and I mean no disrespect to Lee Greenwood or any of the other performers.

I still remember how we analyzed the lyrics to American Pie in 9th grade English with Mr. Tutt. From what I understand McLean never every explained them but I think our analysis was pretty close to this story by the BBC.

So with apologies to Mr. McLean and because it is the NRA Annual Meeting, I’ve taken a little license with his first three stanzas.

A long, long time ago
I can still remember how the NRA
Used to make me smile
And I knew if I had my chance
That I could make those politicians dance
And maybe we’d be happy for a while

But January made me shiver
With every paper I’d deliver
Gun control on the doorstep
I couldn’t take one more step
I can’t remember if I cried
When I read about Biden and his guy
Something touched me deep inside
The day the freedom died

So, bye-bye, Miss NRA
Wayne drove his Chevy to the levee, but the levee was dry
And the good ol’ Board was drinkin’ whiskey and rye
Singin’, “This’ll be the day that I resign
This’ll be the day that I resign”

A poet or lyricist I’m not. However, I’m still furious about untold amounts of wasted money going to Wayne’s Rasputin when it could have been used to assure that the Senate remained a bulwark against more gun control. How Wayne’s paranoia forced out Chris Cox from ILA who might have prevented one, if not both, of the senators from Georgia going to the Democrats. Most of all, I’m disgusted that the Board has acquiesced to all of this and many still think Brewer is the smartest guy in the room when he clearly is not.

Disclosure Is A Problem For David Chipman

When you are a nominee for a position that requires Senate confirmation, it is incumbent upon you to disclose everything. By everything, I mean everything. You gave a talk to Ms. Miller’s third grade class, you disclose it. You gave a speech to a group of lawyers, you disclose it. You wrote an op-ed that ran in a free paper, you disclose it. You have blogged for years under a pseudonym, you disclose it.

Disclosure just doesn’t seem to be in David Chipman’s wheelhouse and now it is coming back to bite him in the ass.

Andrew Kaczynski and Drew Myers cover politics for CNN. That network is not considered a bastion of support for the Second Amendment. Neither are they the “anonymous bloggers and social media sleuths” that Mrs. Chipman holds in such disregard. Indeed they are as mainstream media as mainstream media gets.

Thus, when they have a story that illustrates the failure of David Chipman to disclose talks he gave and events in which he participated, it is an issue.

From CNN:

In one undisclosed 2019 talk given to a law firm titled “Can the Right to Bear Arms Coexist with Gun Control?,” David Chipman said his views and politics weren’t typical of most at the ATF and in law enforcement because the groups were mostly “a very conservative bunch, primarily of white men.”

The comments are notable because Chipman’s nomination has struggled to gain support – even from some members of the Democratic caucus who have yet to commit to his nomination. Senators have questioned if his past record as an advocate for stricter gun laws would make him a less effective director.

And then there is this interview from a podcast in 2017:

In another undisclosed 2017 interview on Jared Huffman’s “Off the Cuff” podcast, Chipman said the NRA depends on an “un-American” business model that involves making society “less safe.”

“If (the NRA is) no longer selling a lot of guns to sportsmen and hunters and (their) primary business model is you need guns for public safety. Well, then you need an unsafe society to need to buy a gun,” Chipman said. “If your business model depends entirely on people feeling unsafe and scared and need to buy a gun, why would you want to do anything that makes things safer?”

Chipman added he needed to retire from the ATF after 25 years to talk about his views on gun violence “in a way” that would not end him up in jail for speaking to the press without authorization.

These are just two of the previously undisclosed talks and interviews involving Chipman. As the CNN story makes clear, there are more and they give links to them. A thorough search probably will find more.

We know that David Chipman hates us, our organizations, our rights, and our freedom. His nomination needs to be either withdrawn or defeated. I would prefer defeat because it puts the rest of the politicians who hate us on record.

The Trace: Chipman Nomination Hanging By A Thread

When even the Bloomberg-funded The Trace says David Chipman’s nomination to head BATFE is in trouble, you know it is in trouble.

The article is an attempt to rally support for Chipman and to put pressure on Sen. Angus King (I-ME), an independent who caucuses with the Democrat. King has said privately he is a “no” on Chipman.

They are now saying Chipman’s confirmation was always “a long shot.”

The Trace is now trying to portray the Chipmans as victims of “anonymous bloggers and social media sleuths”.

Tara Chipman told USA TODAY that she retired to avoid the conflict of working under her husband’s leadership or staying on in the aftermath of a failed nomination.

She cited cases of online harassment, including conspiracy theories tied to her mother, Olivia Cajero-Bedford, a former Democratic state senator in Arizona who proposed a ban on the bump stock devices now banned nationwide.

“The negative attention was more than either of us expected, especially me as a spouse,” Tara Chipman said Wednesday. “I don’t know why anyone would want a Senate-confirmed position in government. 

“I feel kind of powerless because, of course, I want to go after these people, but I don’t want to do anything to endanger David’s nomination.”

It is hard for me to believe that anyone who had been in DC as long as Mrs. Chipman can portray herself as so naive. It is rather disingenuous to say the “negative attention was more than either of us expected.” She would have been piling on to a Republican nominee and his or her spouse if they were affiliated in any sort of way with the firearms industry.

State of Mainers need to keep the pressure on King just as those in Montana and West Virginia need to keep the pressure on Senators Tester and Manchin.

By the way, I am not an “anonymous blogger”. My real name is on every one of the posts I’ve made about David and Tara Chipman. It is not my fault that they have left such a large presence on Twitter, Facebook, and LinkedIn.

Chipman Derails Black ATF Agent’s Career With False Accusation

Stephen Gutowski of The Reload has a story today of how David Chipman derailed a promising black ATF Special Agent’s career with a false accusation of cheating in a promotion assessment. Chipman’s accusation required a two-year investigation into the matter which effectively took this Special Agent out of contention for further promotions even though the agent in question was eventually cleared.

“I couldn’t believe it when it happened,” the agent told The Reload. “But when I read about his other comments, in my mind, I was like ‘that motherf*****.’ That’s what happened. He said, ‘Hey, a lot of African Americans qualified to be promoted on this certification list; they must have been cheating.’ And then he had to go and find one. I happened to be that one.”

He said he believes Chipman’s allegation after the in-person test was motivated by race.

“I believe it had to have been a bias,” the agent, who spent more than 25 years at the agency, said. “My answers were just ‘too good.’ And my thought is he just said, ‘this black guy could not have answered this well if he wasn’t cheating.’”

The agent said he was cleared by a Department of Justice (DOJ) investigation, but not before his career took a hit. He said the protracted investigation effectively paused the promising career he’d built.

“I was cleared as I should have been,” the agent said. “But it was very painful because it was two years out of my life where my career was sidelined for something like that. And it caused me a lot of stress and my family a lot of stress. And it kind of disenchanted me with the idea of management.”

In the in-person assessment, the Special Agent was given a scenario and asked how he would handle it. In this particular case, unbeknownst to Chipman the scenario was something this agent had been doing as part of team for a number of years. The agent did well on it which led Chipman to make his false accusation of cheating.

Read the whole story which has been corroborated by another ATF agent.

We Should Sue Mexico For The Cartels Instead

So the Mexican government is suing US firearms companies for the bloodshed that they can’t control in their own country. Would it surprise you to learn that one of the lead attorneys on the case is none other than Jonathan Lowy of the Brady Center?

Of course it wouldn’t.

The 139-page lawsuit was filed in US District Court for Massachusetts. It names Smith & Wesson, Barrett, Beretta USA, Colt, Ruger, Glock, and Century International as defendants along with Interstate Arms which is a wholesaler.

From ABC News:

The Mexican government argues that the companies know that their practices contribute to the trafficking of guns to Mexico and facilitate it. Mexico wants compensation for the havoc the guns have wrought in its country.

The Mexican government “brings this action to put an end to the massive damage that the Defendants cause by actively facilitating the unlawful trafficking of their guns to drug cartels and other criminals in Mexico,” the lawsuit said.

Then there is this overheated rhetoric from the complaint itself. I would have used another word but want to keep it family friendly.

F. Defendants Actively Assist and Facilitate Trafficking by Designing and
Marketing Their Rifles as Military-Style Assault Weapons.

Defendants’ design and marketing of their weapons exacerbate their reckless and
unlawful distribution policies. Defendants design and market their guns as weapons of war,
making them particularly susceptible to being trafficked into Mexico.

It has long been foreseeable and expected that Defendants’ marketing of their
guns as weapons of war would lead to their trafficking to the cartels in Mexico and to increased
homicides and other massive damage to the Government. The Government’s injury is the
foreseeable result of Defendants’ conduct.

Defendants design their guns as military-style assault weapons.

Military-style weapons are useful for killing large numbers of people in a short
amount of time, taking on well-armed military or police forces, and intimidating and terrorizing
people. The Manufacturer Defendants designed their assault weapons to be effective peoplekilling machines.

The National Shooting Sports Foundation wasted no time is issuing a new release calling out the Mexican government. They said, in part:

“These allegations are baseless. The Mexican government is responsible for the rampant crime and corruption within their own borders,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Mexico’s criminal activity is a direct result of the illicit drug trade, human trafficking and organized crime cartels that plague Mexico’s citizens. It is these cartels that criminally misuse firearms illegally imported into Mexico or stolen from the Mexican military and law enforcement. Rather than seeking to scapegoat law-abiding American businesses, Mexican authorities must focus their efforts on bringing the cartels to justice. The Mexican government, which receives considerable aid from U.S. taxpayers, is solely responsible for enforcing its laws – including the country’s strict gun control laws – within their own borders.

“The American people through their elected officials decide the laws governing the lawful commerce in firearms in our country,” Keane added. “This lawsuit filed by an American gun control group representing Mexico is an affront to U.S. sovereignty and a threat to the Second Amendment rights of law-abiding Americans to keep and bear arms. A right denied to the Mexican people who are unable to defend themselves from the cartels.”

Larry Keane is right. The allegations are baseless. Moreover, the failure of that nation to right in their criminal cartels is at the root of the problem. That they are aided and abetted in this nonsense by the Brady Center is illustrative of the hatred that Mr. Lowy and the rest of the gun prohibitionists have for the rule of law, United States sovereignty, and democratically passed legislation such as the Protection of Lawful Commerce in Arms Act. Instead of practicing lawfare, if they want the law to be changed, go to Congress and work to have it changed.

I have embedded the full complaint below using ScribD. It was too large a document for a direct embed.

Mexico v. Smith and Wesson by jpr9954 on Scribd