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Catching Up

February 24, 2014 by 3 Comments

This week was a good example of work interfering with blogging time. I had a two day out of town conference that was mandatory to attend and it was a very full two days. So I am now just catching up on the blog. I’ve bookmarked a number of things and will make this a tab-clearing of sorts.


The biggest news of the week is that San Diego Sheriff Bill Gore will not seek an en banc review of the ruling of the 9th Circuit in Peruta v. County of San Diego. Dave Kopel notes here that one of the judges on the 9th Circuit could still request a vote on an en banc review sua sponte.

It should be noted that there are two cases still pending in the 9th Circuit in which the oral arguments were made at the same time as the Peruta case. They are Baker v. Kealoha et al from Hawaii and the CalGuns/SAF case Richards v. Prieto.

Then there is the new (maybe) stamp from the US Postal Service honoring actor, activist, and NRA President Charlton Heston. Now it seems, that the USPS is denying that they definitely are going to have a Heston stamp, that it was just a suggestion, and that they will take into account opposition from the gun prohibitionists. Bitter rightly calls them out on their outright lies pointing out previous memos and announcements.

Speaking of gun prohibitionists, Bob Owens applies a well-deserved fisking to that Demanding Mommy (and formerly well-paid Democratic PR flack) Shannon Watts. I think calling her the Carrie Nation of the Gun Prohibitionists is spot-on.

On Wednesday, the Washington Times had a feature length article on the case of Lane v. Holder. The plaintiffs have appealed the decision of the 4th Circuit which dismissed the case for a lack of standing to the Supreme Court. The plaintiffs are petitioning for a writ of certiorari in the case. The article features one of the plaintiffs, Amanda Welling, and her challenge to the Gun Control Act of 1968 which prohibits residents of one state from purchasing a handgun in another and then taking delivery of it in the purchase state. Currently, while you can buy a handgun from an out of state vendor, it must be delivered to an in-state FFL who then completes the transfer.

In a blow to the anti’s argument that guns cause crime, the FBI released a report this past week which showed that crime actually went down as the sales of firearms went up. It is even more interesting to note that in the areas with the highest firearms ownership – the MidWest and South – crime went down even more than in areas with less firearms ownership – the NorthEast. Go figure. However, as Jason Riley at the Wall Street Journal notes, “Not that gun-control zealots, who are so certain of a causal link between firearms and violent crime rates, care about such details.”

When it comes to firearms, state laws are often stricter than Federal laws. This is most evident in what firearms and accessories citizens of a state are allowed to possess, e.g, mag restrictions in New York, etc. However, these state laws may include disqualifying events that preclude a person from legally purchasing a firearm which are stricter than Federal law. Attorney Paloma Capanna has an interesting article up on these state prohibitors and their roll in NICS check denials.

The fallout in New York from the decision of Remington Outdoor Company to expand to Huntsville, Alabama continues. Gov. Andrew Cuomo is in denial about the roll of the NY SAFE Act in Remington’s decision saying it was for “purely business reasons”. Other analyses say that the SAFE Act is one of the major reasons that Remington looked South.


Attorney Chuck Michel takes apart a study purporting to show that policies designed to reduce the number of firearms in the home, especially handguns, were instrumental in reducing the number of childhood gunshot wounds. The funny thing is that injuries and deaths involving children have declined as the number of firearms in circulation has increased dramatically. The old saw about lies, damned lies, and statistics would seem to be the case here especially since Chuck notes the author uses “non-traditional” data sources.

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Some Thoughts About Remington, Jobs, And Its Union

February 19, 2014 by 9 Comments

I will be the first to admit I don’t know much about the inner workings of unions. I was born and bred in North Carolina which is both a right-to-work state and the least unionized state in the nation. While I have and have had relatives who were union members in the North, I’ve never worked in a job that lent itself to unionization.

Yesterday I received a very perceptive and enlightening email regarding Remington, jobs, and unions. The person who sent it to me is very well versed in the inner workings of unions but prefers no attribution and to remain anonymous.

The first point he made is that Remington Outdoor Company will say nothing about moving jobs from Ilion to Huntsville for a couple of reasons. First, anything that Remington says that could be interpreted as coercion or related to bargaining would likely lead to serious charges brought by the National Labor Relations Board. The second reason is that Remington’s contract with UMW Local 717 could very well contain language or clauses that would lead to automatic unionization of the Huntsville facility. This is referred to as successor language.

The second point he made is that without successor language, it doesn’t look good for union representation in the South especially given the loss at the Volkswagen plant in Chattanooga. Interestingly enough, Alabama has the highest unionization rate of any Southern state.

Remington has a large operation in Ilion and it won’t be easy to move. But given time, you will start to see operations begin to move South. It is my understanding that R&D is already slated to move to Huntsville. The city, by the way, is also home to the Redstone Arsenal which has as one of its component organizations that Army Material Command as well as a number of Ordnance Corps units. If the Republicans take control of the US Senate, Sen. Jeff Sessions (R-AL) is the 3rd ranking Republican on the Senate Armed Services Committee and could easily get the ear of the DoD for Remington.

I was able to look at an earlier collective bargaining agreement between Local 717 and Remington. While I did not find successor language in it, I did see language that mandated certain models produced by Remington must be made in Ilion. Article II- Scope and Coverage, Section g – Job Security says that products such as the Remington Model 7, 700, 7400, and 7600 rifles and the Remington Model 870, 1100, and 1187 shotguns “will continued to be produced only at the Ilion plant”. It did allow for Remington to procure component parts elsewhere. This contract expired in 2007 and I can’t imagine succeeding contracts not containing similar language.

The current contract was ratified in December 2012. The highlights of the contract as publicized by the United Mine Workers of America HQ include:

The new pact includes a provision extending Local 717 jurisdiction to any new plant that Remington builds, as the company is presently considering, within a 100-mile radius of the main plant in Ilion, N.Y. In addition to a $500 signing bonus, the contract features 3 percent wage increases in each of the first four years, and 3.5 percent in the final year. It also maintains the current level of medical benefits, improves the language governing overtime and creates a new position, Utility Specialist, aimed at reducing the reassignment of regular workers.

This contract was ratified two days before the shootings in Newtown, Connecticut. They could not have imagined the NY SAFE Act when the collective bargaining agreement was ratified. If this contract contained the same earlier language as to what models would be produced at the Ilion plant, you have to wonder if it extended to the Bushmaster AR-15s whose production had been shifted from Windham, Maine to Ilion. It is hard to conceive that a company would want to take the chance of producing a firearm in a state where it couldn’t be sold.

To sum it all up, while Remington’s current contract with Local 717 may preclude the rapid transfer of existing production lines from Ilion to Huntsville, production will start shifting South over time.

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The Official Announcement From Remington And Alabama

February 18, 2014 by 2 Comments

Remington, the Governor’s Office, and the local governments involved sent out a joint press release yesterday announcing the expansion of Remington Outdoor Company in Huntsville, Alabama.

The release is below:

OFFICE OF GOVERNOR ROBERT BENTLEY

FOR IMMEDIATE RELEASE: MONDAY, FEBRUARY 17, 2014

Remington Outdoor Company Announces Expansion to Alabama

HUNTSVILLE AND MONTGOMERY, AL — Governor Robert Bentley on Monday announced Alabama has recruited the country’s oldest firearms manufacturer to Alabama.

Remington Outdoor Company (ROC) will expand to the old Chrysler building in Huntsville, and create more than 2,000 new jobs within the next ten years. Governor Bentley joined Remington Chairman and CEO George Kollitides and other state and local leaders for the official announcement.

“I am honored to welcome Remington to Alabama,” Governor Robert Bentley said.

“The Alabama workforce, our business climate and our quality of life continue to make Alabama extremely attractive to companies. Remington will soon experience the same type of success that other companies in Alabama have already experienced. Today’s announcement will create more than 2,000 jobs in Huntsville, and reflects a statewide capital investment of $110 million. Our relationship with Remington is just beginning, and I look forward to a continued partnership with the company.”

“With the acquisition of this facility, we plan to create more than 2,000 jobs in Huntsville over the next decade,” said George Kollitides, Chairman and CEO, Remington Outdoor Company. “This additional capacity is essential to fulfill demand and introduce new products. Having watched our Company grow from 2,400 employees in 2008 to 4,200 employees by the end of 2013, a five year, 75 percent increase, it is easy to see why we’re investing now.”

In 2013, ROC made significant strides including its ammunition facility expansion, firearm capacity growth, winning a multitude of highly competitive military and law enforcement contracts, launching its 1816 lifestyle brand, and introducing a series of exciting new products such as Ultimate Defense Handgun Ammunition and the 783 bolt action rifle. Bolstered by record sales, the company chose to expand operations to Alabama.

“2013 was an outstanding year during which we grew by every key measure,” continued Kollitides. “We are capitalizing on this momentum by strengthening our positions across the board. With demand for our products at an historic high and more new product launches planned for 2014 than ever before in our 200-year history, we are investing in the future.”

Last year, ROC modernized its production facilities, re-focused its research and development on customer requirements, and ensured consistent, high-quality manufacturing. Together, these advancements demonstrate a commitment to meeting customer demand. The Huntsville expansion provides for future needed capacity to support existing product demand and a robust new product pipeline.

ROC has 19 locations in the United States, and Huntsville and Madison County officials praised the company’s decision to expand to Huntsville.

“With news of this Remington facility expansion, we have yet another example of Huntsville fulfilling its economic development promise,” Huntsville Mayor Tommy Battle said. “Our workforce is among the best and brightest in the nation, and they deserve challenging career opportunities, along with the high quality of life Huntsville provides. We are thrilled to welcome Remington to our city and region.”

“Our pro-business environment, along with the region’s extensive manufacturing experience, helped us outmaneuver two dozen other states looking to attract Remington,” Madison County Commission Chairman Dale Strong said. “This announcement represents new diversity to our local economy, and will provide an array of opportunities for skilled tradesmen, engineers and support personnel.”

Following facility upgrades, ROC is expected to begin operations in Alabama within the next 18 months.

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Cuomo Spokesman: “No Remington Jobs Are Leaving NY”

February 17, 2014 by 4 Comments

Rich Azzopardi, who some describe as “Ewok-like”, has been the spokesman for Gov. Andrew Cuomo (D-NY) since 2012. Yesterday he went on Twitter to try and deflect from some of the attention the Remington expansion in Alabama is getting.

In the strictest sense of the word, New York may not be losing any jobs – for now. In the short-term, it will take some time before Huntsville is up and running. However, as the production lines begin to come online in Huntsville and the cost per unit of production starts to decrease compared to Ilion, just how long do you realistically think Remington Outdoor Company will wait before shifting production lines south?

The Ilion, New York plant will become for Remington what the East Alton, Illinois plant has become for Winchester: an aging albatross of a building with a highly unionized workforce in a state whose politics is dominated by the gun prohibitionists. While you may leave some production there because of specialty machines and craftsmen, the bulk of it is eventually going to shift to the newer plant.

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California Carry Licenses Could Reach 1.4 Million In First Year

February 17, 2014 by 6 Comments

The CalGuns Foundation has calculated that the number of carry licenses in California could reach as high as 1.4 million if the Peruta decision stands and California goes “shall issue”.

Following the Ninth Circuit decision holding “good cause” requirements unconstitutional, The Calguns Foundation projects that the number of California carry licensees will skyrocket during the first year of effective “shall-issue” licensing.

According to data sent to The Calguns Foundation by the California Department of Justice, the number of California CCW licensees in 2013 totaled about 56,000. However, in applying projections to state and county population figures from the state’s Department of Finance, Calguns believes that the number of licensees in California might reach as high as 1.4 million in the Golden State during the first year of a “shall issue” system.

 They have calculated the growth of carry licenses on a county-by-county basis which can be seen here.  Their table provides estimates for a range from one to five percent of a county’s population with the expectation that two percent will be the most likely. CalGuns has used available census statistics, California Department of Justice statistics on both carry licenses and firearms purchases, and the experience of other states to make this projections.

Looking this over, it is is interesting to look at the table to see what might transpire in some of the more anti-gun counties. For instance, San Franciso County might grow from two carry permits to an estimated 12,707 at the 2% level. While San Francisco is the most extreme example, many other counties could see multiple 1,000% increases such as LA which could see an 88,000% increase in carry permits at the 2% level.

You have to wonder if the state’s anti-gun politicians might moderate their extremism if they suddenly found a good number of their constituents had carry licenses. It is easy to demonize a group of people when you only have a few examples like the two who have carry licenses in San Francisco County. It is much harder to do if you have substantial numbers and everyone knows someone with a carry license.

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First Official Confirmation On Remington Expansion

February 16, 2014 by 1 Comment

The first official confirmation that Remington plans to expand to Huntsville, Alabama comes from Sen. Jeff Sessions (R-AL). Prior to this, all reports have had to say that “an announcement is expected” because “high level sources” “have confirmed it”.  I sincerely doubt a senator would make such a release unless it was a done deal.

From Sessions’ Senate homepage:

WASHINGTON—U.S. Sen. Jeff Sessions (R-AL) issued the following statement today after Remington Arms announced plans to open a plant in Huntsville:

“Remington’s decision is great news and a further testament to the world class workforce in Huntsville. This plant will create good-paying manufacturing jobs for thousands of workers. We warmly welcome Remington Arms and look forward to their success and presence for years to come.”

While Gov. Robert Bentley (R-AL) did allude to it when asked, all he said was “I think Monday you’ll see something very special in the state.” That is a lot more nebulous than Sessions’ comment.

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The Effects Of The NY SAFE Act Coming Home To Roost

February 16, 2014 by 1 Comment

The backers of the New York SAFE Act said the law would make New Yorkers safer. About the only thing I can see that it has done is to cost good, hard working New Yorkers their jobs.

This view is shared by Fran Madore, President of United Mine Workers Local 717. The union represents the overwhelming majority of the workers at Remington’s Ilion, New York plant.

A union official said Saturday the Remington Arms Co.’s decision to open a manufacturing plant in Alabama does not bode well for Ilion, and he’s blaming New York’s SAFE Act restrictions on assault weapons.

“It can’t be good,” said Fran Madore, president of United Mine Workers Local 717, which represents 1,180 of the 1,300 Remington employees in Ilion. “How can it be good?”

Madore said plant officials told him they wanted to meet with him Monday. They did not say what they wanted to talk about, but Madore said he assumes it will be about the company’s reported plans to open a 500,000-square-foot manufacturing plant in Huntsville, Ala.

In his interview with the Syracuse Post-Standard, Madore goes on to say that the NY SAFE Act crippled them and that he is worried that jobs will lost in Ilion.

I think Mr. Madore has good reason to be worried.

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Is Remington Going To Alabama (With A Banjo On Its Knee)? (Updated)

February 15, 2014 by 16 Comments

Rob Curtis at the Military Times’ GearScout blog is reporting this afternoon that Remington Outdoor Company aka Freedom Group will be building a new plant in Huntsville, Alabama. This new plant is reported to be equivalent in production capacity to their Ilion, NY plant. However, this new plant will supplement but not replace the Ilion plant.

Remington Outdoor Co., previously known as the Freedom Group, expects to announce a major expansion to a new facility in Huntsville, Ala., as early as next week. According to two sources with knowledge of the property sale, the deal has been in the works for months and ROC executives plan to sign the papers Monday finalizing the sale of a 500,000-square-foot facility that will add approximately 25 percent more space to Remington’s existing 2.1 million square feet of existing manufacturing real estate.

Sources say the expansion was undertaken to help the company meet unprecedented demand for its products. Space in the facility is not currently earmarked for any one of the company’s 18 individual brands, but to facilitate flexibility and growth of the Remington Outdoor Company.

Before settling on Hunstville, the company was courted by no less than 24 states and various localities hoping to add hundreds of new jobs to their economies. State and local entities in Alabama made economic concessions to attract the company, sources say. The selection of the Huntsville area makes sense, with a skilled and technical workforce already in place. The area is home to the Army’s Redstone Arsenal, which has 35,000 military and civilian employees.

Other major technical employers in the area, such as NASA’s Marshall Space Flight Center, and Toyota, ensure ROC will have a large pool of talent to draw upon for its engineering, technical manufacturing and product development efforts. The fact that Alabama is regarded as a strong supporter of Second Amendment rights also played a role in the selection of the area.

More on this move by Remington at the GearScout blog found here. 

UPDATE: According to the Alabama-oriented website and blog Yellowhammer, the announcement will be made on Monday about the move by Alabama Gov. Robert Bentley (R-AL).

High level sources have informed Yellowhammer News that Remington, one of the world’s largest gun manufacturers, will on Monday join Alabama Gov. Robert Bentley in announcing that they are bringing over 2,000 jobs to Alabama.

The company is viewing the move into Alabama as an expansion, but it will likely impact their Ilion, NY plant as well. The New York facility currently employees around 1,200 people. It is expected to stay open, but with a reduced workforce.

“The company is making the move as an expansion of capacity, production and research,” a source told Yellowhammer on condition of anonymity because they were not authorized to speak publicly. “The demand for Remington products has skyrocketed recently, for obvious reasons, so they need to increase their production capacity. They will be expanding their research capabilities with the Alabama plant, too.”

The initial estimated impact on Alabama’s economy will be roughly $87 million.

 The name of the website with the above information combined with the loss for New York reminds me of that famous University of Alabama cheer which I’ll paraphrase:

Hey Tigers   New York
Hey Tigers   Cuomo
We just beat the hell outta you!
Rammer Jammer Yellowhammer
Give ’em hell Alabama

H/T Bitter on the Yellowhammer story. 

UPDATE II: Phil White, in comments to a post regarding the probable move to Huntsville, says that Remington will occupy the former Chrysler Acustar/Siemens/Continental plant adjacent to the Huntsville International Airport. The property has a 570,000 sq. ft.  manufacturing facility and a 200,000+ sq. ft. research facility. The video below is a sales promo for the property. It looks like Remington is getting a facility upon which they can build a future unlike their Ilion, NY plant.

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CalGuns Foundation On Peruta Decision

February 15, 2014 by 4 Comments

The CalGuns Foundation released a statement yesterday evening on the win in the 9th Circuit yesterday. They congratulated the NRA, the California Rifle and Pistol Association, attorney Paul Clement, and California gun law firm Michel & Associates for their work that led to this win for Ed Peruta and the other plaintiffs. If the NRA hadn’t stepped in when they did, this could have turned into a terrible loss for the Second Amendment in California.  The CalGuns statement does give a little bit of the back story on this case.

From CalGuns Foundation:

California takes a step towards “shall-issue” handgun carry licensing

In a major decision today, the federal Ninth Circuit Court of Appeals held that California’s “good cause” requirement for handgun carry licenses violates the Second Amendment to the United States Constitution.

In May 2009, during a short period when the federal Second Amendment legally applied to California through the Ninth Circuit’s Nordyke v. King decision, civil rights attorneys Alan Gura and Donald Kilmer filed a federal right-to-carry lawsuit against Sacramento County’s then-sheriff John McGinness and Yolo County Sheriff Ed Prieto on behalf of The Calguns Foundation (CGF), the Second Amendment Foundation (SAF), and a number of individual plaintiffs. That lawsuit, then named Sykes v. McGinness, challenged the California statutes requiring “good cause” and “good moral character” as facially unconstitutional. The Sykes case also challenged the two sheriffs’ local policies as unconstitutional “as-applied” to the individual plaintiffs’ facts. Sacramento County eventually settled out of the lawsuit by agreeing to implement a “shall-issue” policy; the case continued against Yolo County and Yolo County Sheriff Ed Prieto as Richards v. Prieto.

Months after the Sykes case was filed, a lawsuit that replicated the CGF/SAF lawsuit was filed in San Diego County by Mr. Edward Peruta. Thankfully, the National Rifle Association intervened in the Peruta matter, adding new plaintiffs and significant resources to the case’s legal team including noted civil rights law firm Michel & Associates as well as former Solicitor General Paul Clement. The Peruta case result today is due in large part to the strength of the arguments mirrored from the Sykes lawsuit as well as the excellent legal work by Michel & Associates and Mr. Clement.

Though the Richards and Peruta cases were heard by the same three judge Ninth Circuit panel on the same day, the Court has only released its opinion on the Peruta matter so far. We look forward to the Court’s Richards decision and continuing our efforts to ensure that all law-abiding Californians have an accessible way to fully exercise their right to bear arms for self-defense.

The Calguns Foundation thanks the National Rifle Association, California Rifle & Pistol Association, Michel & Associates, and Mr. Paul Clement for their fantastic work to advance the fundamental Second Amendment right to keep and bear arms and congratulates them on their very important victory for all law-abiding Californians.

For more on these cases and the legal status of the right to bear arms (carry) in California, please visit http://www.calgunsfoundation.org/carry.

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NRA-ILA On Peruta Decision

February 13, 2014 by

The NRA-ILA released this on the decision released today in Peruta v. San Diego saying that “good cause” cannot be used as a criterion for issuance of a carry permit. The case was argued in the 9th Circuit by former Solicitor General Paul Clement.

Fairfax, VA – The United States Court of Appeals for the 9th Circuit today ruled in favor of the right of law-abiding citizens in California to carry a firearm outside the home for self-defense. California law allows local governments to issue concealed and open carry permits, but generally prohibits the carriage of handguns in public places. The San Diego County Sheriff’s office further restricts gun permits only to law-abiding citizens who can prove “good cause,” meaning they have to show they faced a specific threat to their safety above what the general public faces.

The court ruled San Diego County’s gun regulation scheme unconstitutional. Under the ruling, law-abiding citizens in California would be allowed to carry a handgun for self-defense in public places, not just in their homes.

In addition to supporting the case financially from the beginning, the National Rifle Association filed a friend of the court brief in support of the plaintiffs.

“No one should have to wait until they are assaulted before they are allowed to exercise their fundamental right of self-defense,” said Chris W. Cox, Executive Director of the NRA’s Institute for Legislative Action. “The U.S. Supreme Court has already affirmed our Constitutional right to Keep Arms, and today, the 9th Circuit Court of Appeals affirmed the right to Bear Arms. Our fundamental, individual Right to Keep and Bear Arms is not limited to the home,” concluded Cox.

From the Court Ruling:

Because the Second Amendment “confer[s] an individual right to keep and bear arms,” we must assess whether the California scheme deprives any individual of his constitutional rights. Heller, 554 U.S. at 595. Thus, the question is not whether the California scheme (in light of San Diego County’s policy) allows some people to bear arms outside the home in some places at some times; instead, the question is whether it allows the typical responsible, law-abiding citizen to bear arms in public for the lawful purpose of self-defense. The answer to the latter question is a resounding “no.”