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This Ad Irritates Me

October 26, 2012 by 3 Comments

The Obama campaign has been playing the ad below virtually non-stop in western North Carolina for the past couple of weeks.

CBS News Anchor and 60 Minutes Correspondent Scott Pelley’s question is ignorant and the Obama campaign just loves it.

Why do I find the question ignorant?

First, it ignores totally that any capital that Mitt Romney invested has already been taxed once. This is not pre-tax or tax-deferred monies upon which no tax was withheld. Romney has already paid tax on the capital invested and probably at a 35% rate or higher. I say higher because the original investment could very well be from 2002 or earlier. If so, Romney paid anywhere from 38.6% to 39.6% in taxes on this money.

Second, by focusing in on the relative amount of tax paid by Romney, Pelley ignores the absolute amount in dollar terms – $2.8 million. Thanks to the astute investment managers who run his blind trust who generated a $20 million long-term capital gain, Mitt Romney has just paid more in taxes than most people earn in a lifetime.

Third, Mr. Pelley should be asking why Obama supporter Warren Buffett’s Berkshire Hathaway (of which I am a shareholder) has never paid a dividend. One answer is that dividends are taxed at a higher rate than capital gains. If Buffett paid himself a dividend, he would have to pay more taxes.

Fourth, it is good public policy to tax long-term capital gains at a lower rate than ordinary income. It provides an incentive for investors to put up the money needed for business growth. If there is no business growth, there are fewer jobs. Fewer jobs also mean lower tax revenues. When capital gains rates have been lowered in the past there was a net increase in revenues even though the rates were lower.

Finally, I hate both the ad and the question for the divisive “us versus them” attitude it takes. This is America where we celebrate risk takers and not some Euro-socialist country that has driven out all the entrepreneurs.

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Why Does CSGV Feel So Threatened By A Blogger In A Wheelchair?

October 26, 2012 by 15 Comments

Kurt Hofmann is the St. Louis Gun Rights Examiner. Due to a horrorific traffic accident which left him in a coma for nearly a month, Kurt now gets about in a wheelchair. For someone for whom life has played such a cruel trick, he is remarkably well-adjusted, even-tempered, thoughtful, and full of life. This is especially true when you consider that at an earlier time in his life Kurt served our country as a paratrooper in the 82nd Airborne Division. I have had the pleasure to meet Kurt in person more than once and to have an ongoing correspondence with him. I consider Kurt a friend and one of the good guys.

Kurt does get a little angry at the gun prohibitionists in Illinois and elsewhere who have conspired to deny him the right to carry a handgun concealed or otherwise. It is OK with them that a man confined to a wheelchair should be denied the ability to provide for his own self-defense. His St. Louis GRE columns often take a no holds barred approach to these gun prohibitionists and he points out the fallacy of their arguments on a regular basis.

Groups like the Coalition to Stop Gun Violence (sic) don’t like people like Kurt and try to deride him as an “extremist” or an “insurrectionist”. They particularly like that last tag. Unfortunately for them, Kurt wears that tag as a badge of honor. Now it seems they have decided he is such a threat to them that he must be silenced.

Yesterday on Facebook (see above) CSGV accused Kurt of advocating bomb making in order to “kill elected officials, policy and military service members”. They base this on a March column he wrote. Of course, having read Kurt’s column in question, there is zero truth to the accusation. Kurt merely suggested downloading some publications dealing with improvised explosives while they were still available on the Internet. He did not advocate the manufacture or use of these explosives for the purposes of any illegal activity.

CSGV is actively attempting to have Kurt removed as an Examiner columnist. As Kurt notes, they are also “consulting” with anti-gun lawyer Michael Bannerman who has been a target of Kurt’s criticism to find ways to have him charged with “advocating the overthrow of Government.”

Groups like the Coalition to Stop Gun Violence (sic) and their leaders obviously have no respect for the Bill of Rights. They hate the Second Amendment and just as evidently don’t care for the First Amendment and its guarantees of freedom of speech and press.

They are totalitarian thugs and need to be called out as such.

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Now This Is An Interesting Auction

October 26, 2012 by 2 Comments

The National Military History Center in Auburn, Indiana is auctioning off part of their collection in order to settle their mortgage. Auctions America is handling the auction for them. The auction catalog is here.

They will be offering 100 lots of WWII artifacts and 82 lots of military vehicles.

Worried about Predator drones flying overhead? Then how about an 88mm flak gun – demilled unfortunately?

Tired of having to fight traffic? How about this – a 1944 M16 half-track with double M-2s in a motorized mount?

 

You say you like that idea but want German engineering? How about this 1940-41 Hanomag S.P.W. Ausf. C SdKfz 251/1 Armored 3/4-Track?

I didn’t see any tanks in the catalog but there are a lot of motorcycles, trucks, and other assorted vehicles along with the uniforms and demilled MP-40 sub-machine guns. None of these auctions have reserves but I expect collectors will be paying a fair price for some of these items.

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I Hope My Students Aren’t This Stupid

October 25, 2012 by 6 Comments

I’m an adjunct faculty member at a local state university and teach classes in financial and retirement planning every year. I’ve had some that have been exceptional and some that just didn’t get it. However, I don’t think I had any student in the last eight years that would fall for this utterly insipid and stupid ad just released by the Obama campaign.

I know I’ve had students that voted for Obama in 2008 but I think even they would be rolling their eyes over this. I certainly hope so!

Here is more about Ms. Durham who only yesterday was joking about dressing up as a murderer/rapist for Halloween.

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5th Circuit Affirms Ban On Sale Of Handguns To 18-20 Year Olds

October 25, 2012 by 2 Comments

In a decision released today, the 5th Circuit Court of Appeals has affirmed the District Court opinion of Judge Sam Cummings that banning sales of handguns by FFLs to those over 18 but under 21 is legal. This case, originally named D’Cruz v. BATFE and now titled Jennings et al v. BATFE, was brought in US District Court for the Northern District of Texas back in September 2010 by the National Rifle Association.

According to a Reuters report on the 5th Circuit’s decision:

The 5th U.S. Circuit Court of Appeals in Houston rejected the NRA’s argument that 18- to 20-year-olds had a right to buy the guns under the Second Amendment to the U.S. Constitution, as well as the equal protection clause of the Fifth Amendment.

A unanimous three-judge panel said Congress, in a law dating from 1968, adopted the sales ban to help curb violent crime. It also said that the nation’s founders and 19th-century courts and commentators believed that disarming specific groups did not trample on the right to bear arms.

“Congress was focused on a particular problem: young persons under 21, who are immature and prone to violence, easily accessing handguns,” mainly from licensed dealers, Judge Edward Prado wrote for the panel.

“The present ban appears consistent with a longstanding tradition of age- and safety-based restrictions on the ability to access arms,” he added.
 

You may remember that the Brady Campaign and other gun prohibitionist played gutter politics with this case. They accused James D’Cruz, then a freshman at Texas Tech, of having a Facebook page filled with “angry, violent Facebook postings.” D’Cruz was further demonized by Josh Horwitz of CSGV who said “he’s a poster boy for why we should prevent handgun sales to those under 21 years of age” and implied that he sounded like a school shooter.

The full 41 page opinion of the 5th Circuit can be found here. I have not had time to read it but hope to have an update posted after I have done so.

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Busy Week For Alan Gura

October 25, 2012 by 2 Comments

This has been a busy week for Alan Gura. He has had not one but two oral arguments on back to back days before the 4th Circuit Court of Appeals. Moreover, both cases involve gun rights.

The first case, Lane v. Holder, is a challenge to the Gun Control Act of 1968’s ban on the sales of handguns to non-residents of a state. The case was filed in 2011 and challenged the law on behalf of Michelle Lane, a resident of the District of Columbia, who had purchased two handguns in Virginia and could not pick them up there. At the time of the original filing, there was no active FFL in DC. The Second Amendment Foundation, Amanda Welling, and Matthew Welling are also plaintiffs in this case.

US District Court Judge Gerald Bruce Lee of the Eastern District of Virginia denied the motion for a preliminary injuction in July 2011. He also dismissed the case at that time. A few days later, Lane and the Second Amendment Foundation filed notice of appeal to the 4th Circuit Court of Appeals.

The oral argument in this case were on Tuesday and an audio file is available here. The case was heard by Judges Diana Gribbon Motz, Allyson K. Duncan, and Henry F. Floyd. They were appointed to the 4th Circuit by Presidents Bill Clinton, George W. Bush, and Barack Obama respectively.

The arguments presented by both Alan Gura and the attorneys for Department of Justice and the VA State Police centered primarily around the issue of standing. Does the plaintiff have standing to ask for an injunction given the Federal and state laws in question restrict the FFL? Gura argues that they do and compares this case to other cases involving interstate wine shipments and contraceptives. The Supreme Court find in those cases that the restriction of distribution channels amounted to an Article III injury or, in layman’s terms, interference with interstate commerce. The counter-arguments from the attorneys for Holder and the VA State Police argue that there is no standing for the plaintiffs. The attorney for Virginia argued that their law would be valid if the Federal law was found unconstitutional or amended. They would transfer handguns to out of state residents because the person would meet the new requirements. The Department of Justice attorney argues that the out of state residents are not harmed as they can purchase a firearm anywhere and have it shipped to an in-state FFL. She also argued that Federal law merely backs up local laws and regulations regarding handgun sales.

Much of the questioning by the judges centered around having only one dealer in DC and the fees charged by Charles Sykes. One judge, I believe Judge Duncan, brought up the Ezell case and wondered how this differed from that. This question was aimed at the DOJ attorney.

The second case, Woollard v. Gallagher, has attracted more attention because the District Court ruled against the State of Maryland’s may-issue carry laws. The State of Maryland promptly appealed and the oral arguments were present yesterday. The audio of the oral arguments should be made available on Friday. In the meantime, thanks to Sebastian, there is a link to the Baltimore Sun’s coverage of the oral arguments.

UPDATE: The Washington Post has more on the oral arguments. The 3 judge panel consisted of Judges Andre Davis (Clinton), Robert King (Clinton), and Albert Diaz (Bush 44). 

UPDATE II: The audio file for Woollard v. Gallagher has been posted. You can download or listen to it here.

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Cook County “Violence Tax” And Budget Public Hearings

October 25, 2012 by 2 Comments

Cook County (IL) Board President Toni Preckwinkle is going ahead with her proposed “violence tax” on arms and ammunition. It has been included in the proposed 2013 Executive Budget for Cook County. The tax officially called the Firearms and Firearm Ammunition Tax would levy a $25 fee per firearm on all new gun purchases as well as a 5 cent per round tax on all ammunition sales. The full text of the proposed Cook County Firearm and Firearm Ammunition Tax Ordinance can be found here.

The board will hold four public hearings on the 2013 Executive Budget over the next week beginning this evening. The National Shooting Sports Foundation has issued an action alert on these hearings and suggests that those who can attend one of these meetings make their voice heard. The hearing date and times are below. Note that if you want to testify you must sign up first.

Over the next week, there have been four public hearings scheduled
on the proposed 2013 Executive Budget. If possible please attend one
these hearings and testify in opposition to the tax. You must sign up first to testify.
Date Time Location
Thursday, Oct. 25 6:30 p.m. Second District Courthouse
5600 Old Orchard Road, Conf. Room 201
Skokie, IL
Friday, Oct. 26 9 a.m. Cook County Building
118 N. Clark St. Board Room, Rm. 569
Chicago, IL
Tuesday, Oct. 30 6:30 p.m. Sixth District Courthouse
16501 S. Kedzie Pkwy., Courtroom 098
Markham, IL
Thursday, Nov. 1 6:30 p.m. Fourth District Courthouse
1500 South Maybrook Dr., Courtroom 106
Maywood, IL

Even if you can’t attend one of these hearings, the NSSF suggests calling the members of the Cook County Board and expressing your displeasure over the “violence tax”. A list of board members and their phone numbers can be found here.

As Sebastian noted earlier this month, taxing a constitutional right for the purposes of discouraging it is unconstitutional. I’m sure the Second Amendment Foundation has no problems taking more money from the Chicago-area politicians in attorney’s fees. That said, I think everyone involved would just as soon see this stopped dead in its tracks at the county board level.

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Does Obama Know About This Place?

October 23, 2012 by 7 Comments

In yesterday’s presidential debate on foreign policy issues, Barack Obama said in response to Mitt Romney’s criticism of the downsized Navy being smaller than the 1916 US Navy, “”You mentioned the Navy, for example, and that we have fewer ships than we did in 1916. Well, Governor, we also have fewer horses and bayonets, because the nature of our military’s changed.”

I don’t think any of the president’s handlers ever bothered to inform him of the US Marine Corps Mountain Warfare Training Center in Pickel Meadow, California. Established in 1951 to help train Marines for the cold weather conditions that they would have to fight in during the Korean War, the MWTC provides training in fighting in high altitude and cold weather conditions. The training it provides is being put to use daily in the “good war” in Afghanistan.

One of the more interesting courses that the MWTC provides is one on animal packing. It trains Marines as well as soldiers and airmen in the use of pack animals to deliver supplies and carry heavier equipment.

Lance Cpl. Tyler Langford, anti-tank missileman, 3rd Battalion, 3rd Marine Regiment, leads his pack mule during a hike at Marine Corps Mountain Warfare Training Center Bridgeport, Calif., Oct. 13, 2012. Photo by Lance Cpl Ali Azimi.

The MilitaryTimes just had a story on the pack animal training course a few days ago. They noted that the course had been taught for almost 30 years. The course lasts for two weeks and teaches the students how to pack and handle the animals in the mountainous terrain.

An official USMC public affairs story says of the training:

As the Marine Corps tries to solve the challenges of getting provisions to Marines in hard to reach battle spaces, they do not always look toward technology but rather apply solutions that were effective in the past.

The Animal Packers Course started as a concept course at the Marine Corps Mountain Warfare Training Center Bridgeport, Calif., in 1983.

The course is still taught today after nearly 30 years, but the United States had been using this technique since the early 1980s.

“It’s been around since both World Wars and the last time they were utilized was in Korea,” said Sgt. Justin Head, staff noncommissioned officer in charge, Animal Packers Program. “It’s been around for thousands of years. It’s something that’s worked for countless militaries.”

The 16-day course teaches Marines how to use animals in the region they find themselves in as a logistical tool to transport weapons, ammunition, food, supplies or wounded Marines through areas vehicles cannot reach.

“After coming through the course and learning the basic fundamentals they can pack any kind of animal, from llama, camel, anything,” Head said. “If you’re going to fight compartmentalized conventional war in the mountains, you’ve got to utilize animals. If you don’t, you’re not going to be able to get your logistics, your ammo, basically the five Bs, to your Marines.”

If you know anything about mules, you know they are a cross between the symbol of the Democrat Party – the donkey – and a horse. More specifically, between a jackass and a mare or female horse. While the nature of the military has changed, some aspects of warfighting haven’t changed. Too bad Obama didn’t realize that when he made his snarky, jackass of a comment last night.

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Interesting Article On The .38 Super +P

October 23, 2012 by 4 Comments

I have a thing for the .38 Super and I blame author Stephen Hunter. If I remember correctly, Hunter introduced the .38 Super in his novel “Black Light” as the weapon used in the murder of Bob Lee Swagger’s father Earl. Hunter also talks about it in an article he did for the American Rifleman back in 2010.


Peter Fountain has an article out published yesterday in the American Rifleman on the .38 Super +P and why it should be considered for use in carry guns. He reviews the ballistics of a number of factory rounds as well as reviews two very nice iterations of pistols chambered for the .38 Super +P.

If you like the .38 Super, are considering getting a pistol chambered in .38 Super, or just wonder what all the fuss is about, I’d suggest reading Fountain’s article.