by Sheriff Jim Wilson puts the government’s raid on Gibson guitars in perspective:
The DOJ doesn’t have time to respond to the gun-running scandal, it’s too busy going after Gibson Guitars!
Uncategorized
Thank God For Soldiers Like This
Hurricane Irene is making its way up the East Coast as I write. In the midst of the heavy winds and the driving rain, there is a special breed of soldier who is braving the bad weather to continue to honor the brave soldiers that gave their all. This solider is an Tomb Sentinel with the 3rd Infantry Regiment – the Old Guard. They have guarded the Tomb of the Unknown Soldier every minute of every day since April 6, 1948.
The pictures below were taken today at the Tomb of the Unknown Soldier and are posted on the 3rd Infantry Regiment’s Facebook page.
Dealing With The Aftermath Of Hurricane Irene
Hurricanes and their aftermath can be trying times. While we don’t have to face the full fury of hurricanes here in western North Carolina, they do impact us. Hurricanes Frances and Ivan back in 2004 caused widespread flooding, power outages, water supply interruptions, and deadly landslides. As noted elsewhere, preparation is important even if it is only for a Zombie Apocalypse.
So in that spirit (or is it spirits), here are an assortment of hurricane preparedness drinks courtesy of The Bald Heretic. Some are drinkable and some are left for really desperate times when you’ve run out of all the good stuff. Reminds me of finding a bottle of Kümmel when I was a teen and seeing if you could mix it with Coke. Caraway seed liqueur and Coke doesn’t make it even for a teenager.
Hurricane Preparedness Drinks from The Bald Heretic
MANDATORY EVACUATION
1 1/2 oz. Absolut Ruby Red vodka
1/2 oz. vermouth
Clamato
Prune juice
Combine vodka and vermouth in cocktail glass. Fill remainder of glass with equal parts clamato and prune juice. Stir. Drink. Ask next-door neighbor whose ficus tree blew over and crashed onto your roof– even though you’d warned him for months to uproot it–if you can use his bathroom. Repeat.CATEGORY 5
1/2 oz. vodka
1/2 oz. tequila
1/2 oz. rum
1/2 oz. bourbon
1/2 oz. gin
Sweet-and-sour mix
Splash of fruit juice
Combine vodka, tequila, rum, bourbon and gin in a tall glass. Fill remainder of glass with sweet-and-sour mix and splash of juice. Stir, then garnish with an inverted drink umbrella. Drink during peak storm hours, and vow not to believe anyone who tries to tell you the hurricane that flooded your garage and destroyed your shed was just a Category 1.CONE OF PROBABILITY
1 oz. cinnamon schnapps
1 sugar cone
Pour the schnapps into the sugar cone. Every time you hear a TV weatherman say, “cone of probability,” bite off the end of the cone and down the shot. If you hear Weather Channel StormTracker Jim Cantore say it, drink two shots consecutively. (they should change this to the “Cantore Zone”… damn him.) Have you ever noticed that, despite all the cone of probability talk, if Cantore is parked in front of your house your ass is toast?)FEEDER BAND
2 oz. Midori
2 oz. rum
1 scoop vanilla ice cream
After your home loses power, combine Midori and rum in a cocktail glass. Add a scoop of the vanilla ice cream that is melting in your freezer. Stir, and drink through a straw.BEACH EROSION
1 1/2 oz. Goldschläger
1 1/2 oz. apple brandy
1 pack Sugar in the Raw
Combine Goldschläger, apple brandy and sugar in cocktail glass. As you drink, seriously contemplate moving your Yankee ass back to New Jersey where it belongs.DOWNED POWER LINE
1 1/2 oz. rum
5 oz. Jolt Cola
Combine ingredients in a cocktail glass. Drink while trying to figure out how the heck you’re supposed to go two freakin’ weeks without television and AC.FLOOD ZONE
2 oz. Kahlúa
2 oz. Baileys Irish Cream
4 oz. rum
Serve in a 6-ounce glass and laugh-cry deliriously as the mess spills all over the countertop.COLD SHOWER
2 oz. Blue Aftershock
4 oz. Sprite
Combine in a cocktail glass with crushed ice you received after waiting in line for three hours at a mall parking lot. Take a deep breath, sip and scream like a little girl when the cold beverage hits your tongue. Repeat.LOOTERS WILL BE SHOT
1 oz. Jack Daniel’s
Splash of sarsaparilla
Rock salt
Load both barrels of a shotgun with rock salt. Climb to the roof of your house with gun, bottle of Jack Daniel’s and can of sarsaparilla. Fill shot glass with Jack and splash of sarsaparilla. Watch for looters. When you spot one, blast his ass with rock salt. Drink shot. Repeat.THE CHAIN SAW
1 oz. Goldschläger
1 oz. Rumplemintz
3 oz. Jim Beam
Splash of vermouth
Combine Goldschläger, Rumplemintz and Jim Beam in an empty soup can. Add splash of vermouth. Drink. Remove chain saw from garage and attempt to cut up fallen tree limbs in yard. Ask neighbor to drive you to hospital when it all goes horribly wrong.FOUR-WAY STOP
1 1/2 oz. vodka
1 1/2 oz. vodka and Midori
1 1/2 oz. vodka and Galliano
1 1/2 oz. vodka and grenadine
Pour each ingredient into a separate shot glass. Serve one to yourself and three other people. The person with the clear shot of vodka drinks first. The person to his right drinks the Midori shot, and so on. If somebody drinks out of order, develop a quick case of road rage and beat the living crap out of him.BLUE TARP
1 1/2 oz. Curacao
2 oz. pineapple juice
Splash of lime
Combine ingredients in a leaky paper cup and serve. Wait six to eight months for someone to repair the cup. If you’re impatient, hire an unlicensed, out-of- state contractor to do the job for an exorbitant sum and pray he doesn’t hurt himself in the process.FEMA FIZZLE
1 1/2 oz. Southern Comfort
2 oz. sloe gin
Tonic water
One week after the storm has passed and your neighborhood is still in ruins with no sign of help on the way, combine Southern Comfort and gin in a cocktail glass. Fill remainder with tonic and add a dash of Angostura bitters. Serve with a nut brownie. Before drinking, raise the glass and say the toast, “Doing a helluva job Brownie.”
Now someone just need to invent a “Visit From Cantore” because anytime you have Jim Cantore of the Weather Channel standing outside in your yard it ain’t good!
Aerial Gunnery
According to these release from the Texas Parks and Wildlife Department, you can now pay a helicopter pilot to take you up to shoot coyotes and feral hogs. Previous to this revision, a pilot couldn’t be paid for his or her time if it involved shooting coyotes and hogs from a helicopter. I remember Ted Nugent talking about this on Tom Gresham’s GunTalk a few months ago.
Texas OKs Revisions for “Pork Choppers”
AUSTIN – Effective September 1, qualified individuals can pay to take depredating feral hogs or coyotes from a helicopter under rules adopted by the Texas Parks and Wildlife Commission.
The commission at its Thursday, Aug. 25 public meeting approved permit requirements for implementation of HB-716 passed by the 82nd Texas Legislature. The new law is aimed at helping manage feral hogs or coyotes by allowing qualified landowners or their agents to participate in management of feral hogs or coyotes from a helicopter. Previously, a person was prohibited from paying, bartering or exchanging anything of value to participate as a gunner or observer from an aircraft.
About 130 helicopter operations are currently permitted by the Texas Parks and Wildlife Department to conduct aerial management of depredating feral hogs or coyotes. The new rules permit qualified landowners or their qualified agents to pay these helicopter operators to participate in aerial operations.
To qualify, landowners or landowner agents must have on file with TPWD a completed Landowner’s Authorization to Manage Wildlife or Exotic Animals by Aircraft (LOA) form. There is no application fee to become qualified, but the LOA does not take effect until TPWD issues an authorization number.
Individuals convicted of a federal Lacey Act violation, or a Parks and Wildlife Code Class A misdemeanor or felony, are prohibited from obtaining an aerial management permit, and from being a gunner, observer or pilot under an aerial management permit.
Feral hog populations in Texas are estimated at upwards of 2 million. According to a Texas Department of Agriculture study, each hog is responsible for $50-500 in damage to agriculture and wildlife habitat annually.
I wonder if sales of this Magpul Dynamics video on aerial platform operations will increase.
Hurricane Irene Brings With It The Usual NC State Of Emergency
Gov. Beverly Perdue (D-NC) issued Executive Order Number 103 today which declares a state of emergency for 39 eastern North Carolina counties due to the approach of Hurricane Irene. The counties are:
Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Washington, Wayne, Wilson
As Bob Owens notes, these are essentially all the counties east of Interstate 95. He is also correct in asserting that it invokes a ban on off-premises carry of a firearm in the affected counties due to the provisions of NCGS 14-288.7 which goes into effect when a state of emergency is declared under Article 36A of Chapter 14. I must correct his assumption that it is only that part of a county on the east side of I-95 that is impacted. As the order above states, it is the whole county and not just part of it.
Gov. Perdue invoked the State of Emergency using both sections of the General Statues that deal with emergency management and states of emergency.
Section 7.
This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and under Article 36A of Chapter 14 of the General Statutes. It does not trigger the limitations on weapons in G.S. § 14-288.7 or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages.
Bev Perdue is incorrect in her assertions that the declaration of the State of Emergency does not trigger firearm restrictions. As I noted last year when she invoked a State of Emergency in the face of Hurricane Earl, if she uses Article 36A of Chapter 14 of the General Statutes, it invokes G.S. § 14-288.7 which states in part, “it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area” if a state of emergency is declared. Just because she is the governor does not give Bev Perdue the authority to ignore plainly written state laws when it is politically inconvenient for her.
The relevant section on the declaration of an emergency under Article 36A is § 14‑288.15. This section grants the power to the governor to declare a state of emergency AND to impose further restrictions on firearms and alcohol as enumerated in § 14‑288.12(b) which include:
The ordinances authorized by this section may permit prohibitions and restrictions:
(1) Of movements of people in public places, including directing and compelling the evacuation of all or part of the population from any stricken or threatened area within the governing body’s jurisdiction, to prescribe routes, modes of transportation, and destinations in connection with evacuation; and to control ingress and egress of a disaster area, and the movement of persons within the area;
(2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;
(3) Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages;
(4) Upon the possession, transportation, sale, purchase, storage, and use of dangerous weapons and substances, and gasoline; and
(5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.
I thought Gov. Perdue had learned her lesson giving the uproar over the State of Emergency at the start of last year’s dove season. Subsequent Executive Orders 75, 78, and 87 which declared states of emergency had this statement:
This order is adopted pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and not under my authority under Article 36A of Chapter 14 of the General Statutes. It does not trigger the limitations on weapons in G.S. § 14-288.7 or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages.
Notice that these Executive Order explicitly noted that they were not adopted under Article 36A of Chapter 14 of the General Statutes. By contrast Executive Order 103 was adopted “pursuant to my powers under Article 1 of Chapter 166A of the General Statutes and under Article 36A of Chapter 14 of the General Statutes.”
I don’t know whether it was a drafting error in Executive Order 103 that included both Chapter 166A and Chapter 14 or not. I do know that legally – the Governor’s proclamation notwithstanding – that the method she chose to invoke her powers just triggered a ban on the off-premises possession of firearms in those counties named above.
And as we all know, this is the basis of the suit brought by the Second Amendment Foundation and Grass Roots North Carolina against Governor Perdue and Secretary of Crime Control and Public Safety Young. Bateman et al v. Perdue et al is still proceeding albeit too slowly for my tastes!
Sunnyvale Planning Commission Wants To Impose Unconstitutional Restrictions Due To NIMBYs
Attorney Chuck Michel who works with the NRA/CRPA Legal Action Project in California posted an article this evening about the Sunnyvale, California Planning Commission. The Planning Commission is seeking to have the Sunnyvale City Council adopt a new municipal ordinance which would put increased restrictions on the sale of firearms in Sunnyvale. The Commission is responding to unfounded complaints from some neighbors of a firearms dealer that opened in Sunnyvale in 2010. The complaints include that they weren’t notified and that children walk by the store on their way to school as if just merely seeing guns will turn their kids into the next Klebold and Harris (of Columbine infamy).
NRA & CRPA OPPOSE NEW REGULATIONS RESTRICTING FIREARMS DEALERS IN SUNNYVALE, CA
On August 22, 2011, the Planning Commission for the City of Sunnyvale held a meeting to consider the City’s ongoing “Firearms Sales Study Issue.” The issue originated when a firearms dealer, U.S. Firearms, opened for business in Sunnyvale in the fall of 2010. Despite the fact that the dealer had all necessary permits and licenses from both the state and federal government, neighbors made complaints to Sunnyvale staff and elected officials.
The Sunnyvale Planning Commission ultimately decided to sponsor the issue as a result of the complaints, but the City Council ranked it number 4 of 4 for 2011. Even though this issue had the lowest ranking by the City Council for 2011, and the fact that the Staff Report on the issue (AVAILABLE HERE) indicates that “there has been no evidence of increased crime, property devaluation or land use incompatibilities as the result of the businesses,” and Sunnyvale “staff ha[d] not identified any adverse land use impacts associated with a firearms store,” the Planning Commission nonetheless recommended that the City Council adopt an ordinance to amend the City’s municipal code to place restrictions on firearm sales in Sunnyvale. Though the staff report acknowledged there had been no problems with firearm sellers, staff nonetheless inexplicably noted in the report that, “[t]he greatest concern regarding firearm sales is the business operator that is engaged in buying and selling the firearms.”
The approved ordinance would: 1) add a definition for “firearms sales business;” 2) prohibit these businesses in commercial and industrially-zoned districts within 200 feet of public schools in order to provide a buffer to the schools; and 3) require a new DPS Firearms Dealer Permit that would include additional conditions such as requiring a security plan to be installed and then inspected by the City, and that the Federal Firearm License (FFL) holder and all employees meet the state and federal requirements regarding past criminal convictions, etc. (current requirements are limited to the dealer and not the employees).
Michel & Associates attorneys submitted an opposition letter to the Planning Commission on behalf of the National Rifle Association (NRA) and California Rifle & Pistol Association (CRPA) noting that firearm dealers are subject to a variety of background checks at both the state and federal levels. The letter (AVAILABLE HERE) also noted that firearm dealers are generally some of the most upstanding members of society, and that after the Supreme Court’s McDonald decision, they enjoy a protected status as purveyors of a fundamental right. So the fact that some “residents [of Sunnyvale] have expressed [unfounded] concerns about the potential crime and public safety risk associated with a firearm sales business located near their homes and schools” does not mean that the City of Sunnyvale is free to infringe on fundamental Second Amendment rights.
The letter explains that since the Second Amendment is a newly court-recognized right, the contours of the Second Amendment’s protections are still being litigated in courtrooms across the country. The letter also amicably explains the current legal landscape regarding firearm regulation, and suggests Sunnyvale should avoid litigation on these issues by consulting with the NRA, CRPA, and their attorneys.
As the city continues moving forward with the proposed ordinance, additional correspondence will be submitted.
I have examined the 141 page staff report submitted to the Sunnyvale Planning Commission. Much of the document was devoted to reporting on the comments at a public meeting on the issue. Approximately 120 people attended the June 2011 meeting and it appears that the overwhelming majority were against any new regulations and were indeed pro-rights. Many of the letters received also support the existing gun store, U.S. Firearms, and gun stores in general.
However, the Legal Community Against Violence (LCAV) has weighed in on the issue with a 59 page submission urging the Planning Commission to adopt new regulations. Unfortunately, this submission and not the majority of the residents of Sunnyvale seems to have carried the day. You must wonder if LCAV will also foot the legal bills for Sunnyvale when they get the pants sued off of them on Second Amendment grounds. I somehow doubt it.
What Ever Happened To Thinking
The Chicago Public Schools have suspended Doug Bartlett, a second grade teacher at Washington Irving Elementary School, for “weapons possession” and “negligently supervising children”. From the charges you would have thought he was letting the little kids play with a loaded Glock. Instead he was doing a “show and tell” on tools for a learning module. The tools included wrenches, screwdrivers, pliers, and, horror of horrors, a 2.25 inch penknife. The children were just shown the tools and did not handle them. Mr. Bartlett stands accused of violating the school system’s zero tolerance policy. Zero tolerance policies should be renamed zero thinking policies!
Fortunately for Mr. Bartlett, his case is being taken up by The Rutherford Institute. Their press release is below:
8/24/2011
Zero Tolerance Alert: Chicago Elementary School Teacher Accused of Weapons Possession for Demonstrating Use of Tools in Classroom
CHICAGO, Ill. — In yet another instance of zero tolerance run amok, The Rutherford Institute has come to the defense of a Chicago public school teacher who is being charged with possessing, carrying, storing or using a weapon after he displayed such garden-variety tools as wrenches, pliers and screwdrivers in his classroom as part of his second grade teaching curriculum that required a “tool discussion”. Despite the fact that all potentially hazardous items were kept out of the students’ reach, school officials at Washington Irving Elementary School informed Doug Bartlett, a 17-year veteran in the classroom, that his use of the tools as visual aids endangered his students. Bartlett now faces disciplinary action and possible termination. Warning the school that disciplinary action under these circumstances could constitute a violation of Bartlett’s Fourteenth Amendment right to due process, Rutherford Institute attorneys are demanding that the school halt the disciplinary proceedings against Bartlett.The Rutherford Institute’s letter to Washington Irving Elementary School officials in defense of Doug Bartlett is available here.
“The charges against Doug Bartlett are absurd—a gross overreaction to a simple teaching demonstration—and underscore exactly what is wrong with zero tolerance policies in the schools,” said John W. Whitehead, president of The Rutherford Institute. “School officials should know better than to impose such draconian punishments for innocent actions. Commonplace, basic tools such as wrenches and pliers used as part of a classroom exercise are clearly not weapons. Education truly suffers when school administrators exhibit such poor judgment and common sense.”
Doug Bartlett teaches second graders at Washington Irving Elementary School in Chicago. On August 8, 2011, Bartlett used several garden-variety tools he uses around the classroom, including wrenches, screwdrivers, a box cutter, a 2.25″ pocketknife, and pliers, as visual aids for a “tool discussion” which is required by the teaching curriculum. It is common for teachers to use such visual aids to help students retain their lessons. As he displayed the box cutter and pocketknife in particular, Bartlett specifically described the proper uses of these tools. None of the tools were made accessible to the students. When not in use, the tools are secured in a toolbox on a high shelf out of reach of the students.
However, on August 19, Bartlett received notice that he was under investigation for, among other things, “possessing, carrying, storing, or using a weapon,” and for negligently supervising children. If found at fault, Bartlett faces punishments ranging from a simple written reprimand to termination. Bartlett then turned to The Rutherford Institute for help. In coming to Bartlett’s defense, Institute attorneys point out Bartlett had no intent to use the tools as weapons. In fact, he has used some of the same tools for years without incident.Institute attorneys are urging Valeria Newell Bryant, the principal of Washington Irving Elementary School, to immediately dismiss any and all disciplinary actions against Bartlett. “In an age where public schools face an unprecedented number of real challenges in maintaining student discipline, and addressing threats of real violence, surely no one benefits from trumped up charges where no actual ‘weapons’ violation has occurred and there is no threat whatsoever posed to any member of the school community,” stated the Institute in its letter.
New Second Amendment Case From Hawaii
A challenge on Second Amendment grounds to Hawaii’s concealed carry laws has been launched by Chris Baker and the Hawaii Defense Foundation. They are suing the State of Hawaii, the City and County of Honolulu, and the Honolulu Police Department on Second and Fourteenth Amendment grounds.
Hawaii is one of those may issue states like New Jersey where it damn near impossible to obtain a permit. The suit is also challenging the ban on non-lethel items such as stun guns.
HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
For Immediate Release: 8/23/2011
Honolulu, HI – The Hawaii Defense Foundation’s founding director and president, Christopher Baker, has filed a lawsuit against Honolulu Chief of Police Louis Kealoha, the Honolulu Police Department, the City and County of Honolulu, the State of Hawaii, and Governor Neil Abercrombie in connection with civil rights violations of the Second and Fourteenth Amendments of the United States constitution.
The complaint filed in the United States District Court for the District of Hawaii by attorneys Richard Holcomb, Alan Beck, and Kevin O’Grady alleges that Hawaii’s license to carry statute and various other firearm regulations are unconstitutional. State law mandates that citizens may be provided licenses to carry only in “exceptional circumstance” or “where a need or urgency has been sufficiently indicated,” all at the discretion of the county’s Chief of Police. The complaint asserts that this language violates the Second Amendment, which secures the right of all responsible, law-abiding citizens to bear arms for the purpose of self-defense. Additionally, the complaint also addresses the use of non-lethal tools for self-defense such as electric guns, which are banned in in Hawaii.
“The Second Amendment protects the right to self-defense. Everyday around the islands good people are robbed, assaulted, raped, or in the worst cases murdered. It’s simply a matter of physics, the Police can’t be everywhere to stop criminals from committing violent acts. We must be allowed to carry the tools that give us a chance to protect ourselves from harm,” says Chris Baker. “We want criminals to have to think about the consequences of attacking someone,” he continued, “but right now, nothing serves as a deterrent to them – the odds are in their favor.”
The only criticism I might have about their suit is that it isn’t narrowly focused. The issue of the non-lethel weapons might have been better to be in a separate lawsuit. I come from the Alan Gura school of suing on the most egregious item as opposed to the NRA school of suing bases on everything plus the kitchen sink. The respective suits against Chicago’s New Gun Law provides examples of both of these approaches.
I have embedded the full complaint from Baker v. Kealoha et al below. I haven’t had time to read it in its entirety yet so cannot speak to its points of law.
CV11-00513SOM-RLP
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H/T Brandon Combs
The Donkey Whisperer
I love good political ads. Last year we had some good ones like the one for Dale Peterson of Alabama – though his gun-handling skills left a bit to be desired.
The first really good political ad of the season is from Roger Williams who is running as a Republican for the newly created 33rd District in Texas. This district is in the Dallas-Fort Worth Metroplex of North Texas. Williams is a former Texas Secretary of State and a small businessman.
I think the ad below is ingenious. It gets his message across very clearly about the Democrats but is still friendly given the herd of donkeys surrounding him.
Since this IS a gun blog, here is Williams’ statement on the Second Amendment.
I’m a Texan, a lifetime NRA member, and a gun owner. I don’t want anyone messing with my 2nd Amendment rights, and I won’t allow anyone to mess with yours.
H/T Sister Toldjah
The NRA, Gun Manufacturers, and GCA ’68
I was alive when the Gun Control Act of 1968 was enacted. However, given I was an 11-year old, I don’t have any memories of its enactment and the debate around it. I do remember Bobby Kennedy and Martin Luther King being assassinated and the riots after Dr. King’s death. I do remember the war in South Vietnam because my Dad was “in country” at the time. However, policy debates on firearms just were not on my radar at the time.
Fortunately, Sebastian at Snowflakes In Hell has done an excellent job of examining some of the myths around the passage including those that the NRA and major gun manufacturers were complicit in its passage. He also looks at some of the other myths regarding the enactment of the National Firearms Act of 1934.
Sebastian is correct that much more research using original documents is needed to get a better handle on all the issues surrounding the passage of this legislation. Rather than relying on undersourced modern accounts of the bill’s passage, using the original documents will give a clearer picture of the forces involved in the bill’s passage as well as the forces that opposed it.