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Is Rahm Afraid Of Alan Gura?

July 2, 2011 by 7 Comments

When the New Chicago Gun Law was passed in 2010, shooting ranges for civilians were banned. This became the basis of the lawsuit brought by the Second Amendment Foundation in Ezell v. Chicago.

Judge Kendell’s denial of a preliminary injunction was appealed by Alan Gura to the 7th Circuit Court of Appeals where it appears quite likely he will win his injunction. When a judge says to you, “Mr. Gura, what would you like your injunction to say”, any reasonable person would take that as a good sign.

Against this background comes a report in the Chicago Sun-Times that Mayor Rahm Emanuel will introduce an ordinance next week to allow shooting ranges in Chicago.

The new ordinance should address the concerns raised in the lawsuit, officials say.

The proposed ordinance limits gun ranges to areas zoned for manufacturing. Outdoor ranges would be banned.

Anyone opening a gun range would have to obtain a gun permit from the city and obtain approval from the Chicago Police Department for a safety plan.

The Court of Appeals has not rendered a decision in this case and, presumably, an ordinance allowing shooting ranges would moot the case. 

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NRA-ILA Gives CPD Superintendent A History Lesson

July 2, 2011 by 1 Comment

Chicago Police Department Superintendent Gerry McCarthy said that Federal gun laws were tantamount to “government sponsored racism” in a speech at St. Sabina’s Catholic Church in Chicago. Recognizing that McCarthy had a poor education in history growing up in New York, the NRA-ILA gives him a history lesson on where the real connections between racism and gun control lie.

Chicago’s Top Cop: The Racist Roots of Gun Rights?

Friday, July 01, 2011

Chicago Police Superintendent Garry McCarthy, newly appointed by anti-gun Mayor Rahm Emanuel, has wasted no time in sharing his views on Chicagoans’ individual right to keep and bear arms. Less than a month after his approval by the City Council, McCarthy attended a service at St. Sabina’s Church (a parish led by anti-gun extremist Father Michael Pfleger) and made a speech claiming that a lack of restrictive gun control laws is “government sponsored racism.”

Those with a better understanding of history will find themselves confused trying to interpret McCarthy’s logic, as decades of scholarship have proven just the opposite; that gun control, rather than its absence, has often been used as a means of government sponsored racism.

In his 1995 Kansas Journal of Law & Public Policy article, “The Racist Roots of Gun Control,” Second Amendment scholar Clayton E. Cramer outlines the historical case that “racism underlies gun control laws.” Cramer notes that racist gun control in America stretches as far back as 1751 with a French law in the Louisiana territory that required colonists to “‘[i]f necessary,’ beat ‘any black carrying any potential weapon, such as a cane.’”

Though Superintendent McCarthy might be excused for not looking that far back, he should certainly be aware of last year’s U.S. Supreme Court opinion in the case of McDonald v. Chicago. In a concurring opinion in that case, Justice Clarence Thomas explained that in the years preceding the Civil War, “Many legislatures amended their laws prohibiting slaves from carrying firearms to apply the prohibition to free blacks as well.” After the Civil War, little improved. Justice Thomas writes: “Some States formally prohibited blacks from possessing firearms… Others enacted legislation prohibiting blacks from carrying firearms without a license, a restriction not imposed on whites.”

Other Reconstruction Era (and later) laws were less candid. For example, an 1870 Tennessee law barred the sale of all but the most expensive pistols, effectively disarming newly freed blacks and the poor. New York’s Sullivan Law of 1911, requiring a permit for handgun possession, was largely targeted at Italians and other disfavored immigrant groups. (That law is still on the books.) And the Rev. Martin Luther King Jr. was denied a concealed carry permit in Alabama under a similar discretionary permitting law—even after his house had been bombed.

We suggest that in the future, Superintendent McCarthy might do a little more research before conflating respect for a fundamental individual right with its antithesis, government-sponsored racism.

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Feinstein’s No Guns For Gulag Survivors Act of 2011

July 1, 2011 by

If one goes by the press release sent out the esteemed senior Senator from California, then any person convicted of a felony overseas for a crime that would also be a felony in the United States would not be eligible to own a firearm.

Opposition to an authoritarian state and agitating for democratic reforms is probably considered treason in countries like Cuba, the former Soviet Union, and others of their ilk. Treason is most definitely a crime in United States courts. So by Senator Feinsten’s reasoning, if you were convicted of treason and sent to the gulag for opposing a Communist state (and somehow survived), you were convicted of a felony in a foreign court thus are ineligible to own a firearm if you make it here as a political refugee.

I’m sure she and her fellow travelers would object to this example but unless she carves out an exception for political crimes then it would apply. Of course, what you have to do to be convicted of treason in the United States is not the same as what it would take in Cuba.

Feinstein: Prevent Foreign Felons From Obtaining Firearms

“Cannot continue to give foreign-convicted murderers, rapists and terrorists the right to buy firearms in the United States”

Washington—Senator Dianne Feinstein (D-Calif.) today introduced legislation to close a loophole in current law to ensure that individuals convicted of foreign felonies and crimes—including domestic violence—cannot possess firearms in the United States.

Under current federal law, people who are convicted in the United States of violent felonies like rape, murder and terrorism are prohibited from possessing firearms. However, the law does not currently prohibit criminals convicted of these same violent crimes in foreign courts from possessing guns.

“America cannot continue to give foreign-convicted murderers, rapists and even terrorists the right to buy firearms in the United States,” said Senator Feinstein. “It makes no sense to have a law that forbids convicted Americans from possessing a firearm, but leaves the door wide open for foreign convicts to possess a firearm in our country. We must close this loophole before it is exploited by terrorists, drug gangs, and other dangerous criminals who threaten our communities.”

The No Firearms for Foreign Felons Act of 2011 would make it clear that if someone was convicted in a foreign court of an offense that would have disqualified them from possessing a gun in the United States, then they will be similarly disqualified from gun possession under American law.

This loophole for foreign convicts is the result of a 2005 U.S. Supreme Court decision in the case of Small v. United States. In that case, the Court analyzed the 1968 Gun Control Act, which states that anyone who has been convicted of a felony “in any court” cannot possess firearms. The Court concluded the phrase only applied to American courts, despite the fact the Gun Control Act had routinely been applied to foreign felonies since 1968, the year it took effect.

As it is, many criminal offenses committed overseas including the ones that Sen. Feinstein specifies in her press release are a bar from even entering the United States legally. You cannot be given a visa for a whole host of reasons including having engaged in any terrorist activity, having been convicted of prostitution, and, of course, murder and rape. And that is just for visitors. Immigration requires an even higher bar to jump over.

Since this is the case, why introduce a bill that applies to virtually no one who is here legally? Could it be that Senator Feinstein is trying get more publicity for one of her pet causes, i.e, gun control? The multitudes of illegal aliens in her home state of California are already precluded from purchasing a firearm. In case she doesn’t realize it, that is one of the questions on the ATF Form 4473.

Sebastian at Snowflakes in Hell has more on Feinstein and “the foreign felon loophole hobby horse”.

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Happy Canada Day

July 1, 2011 by

July 1st is what was known in the old days as Dominion Day. It is now called Canada Day. So if you see a Canadian today, congratulate them and thank them for the hard work their forces are doing in Afghanistan. Canadian Forces have been on the front lines next to American troops since the early days.

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Fisking The Obfuscators

July 1, 2011 by

The Obfuscators, otherwise known as the Democrats on the House Oversight Committee, issued a report today entitled Outgunned which sought to shift the blame for Operation Fast and Furious from ATF to gun control laws. As I said yesterday, they are merely diversionary tactics to divert attention from the Obama appointees in the Department of Justice (and maybe DHS) who more than likely authorized this project in order to build support for more gun control in America.

It looks like CNN and the LA Times are buying into it which doesn’t say much for the intelligence and integrity of much of mainstream journalism. CNN took much of what Rep. Elijah Cummings and the rest of Democrats at the “forum” said as gospel and then reported that:

Cummings, the ranking Democrat on the committee, told a forum on illegal firearms trafficking he organized Thursday that he knew the recommendations of the new report “will face stiff resistance in Congress and beyond.”

“Before today’s forum even began, it was criticized as a conspiracy to confiscate the firearms of law-abiding citizens, which is ridiculous,” he said.

Cummings also said he and Rep. Carolyn Maloney, D-New York, would introduce legislation on the reforms called for in the report.

Christine Mai-Duc of the LA Times Washington Bureau ran with an story entitled “Democrats seek crackdown on gun trafficking”. 

Cummings and Rep. Carolyn B. Maloney (D-N.Y.) said that although the investigation into Fast and Furious was “very important,” they were looking for solutions to the broader problems of gun trafficking in Mexico. In an accompanying report released by Cummings, the Democrats said authorities from the Mexican federal police had told them that as many as 80% of the weapons recovered at Mexican crime scenes are traced to the United States.

On a side note, Carolyn Maloney – not be confused with the Queen Bee of gun control, Carolyn McCarthy – is a Greensboro, North Carolina native and graduate of Greensboro College. While my hometown is well rid of her and the people of New York were stupid enough to elect her, she supposedly plans to introduce legislation to “combat trafficking” despite the fact that everything involved in Operation Fast and Furious was already a Federal offense. Go figure.

Fortunately, Bob Owens in an article Pajamas Media tears down the Democrats’ report part by part. He fisks the obfuscators.

Bob notes that Rep. Cummings and the rest of his panel ignore what is at the heart of Project Gunwalker: the deaths of Brian Terry and Jaime Zapata and the weapons that were allowed to be walked by ATF. Briefly summarizing, the report downplays the serious penalties for engaging in straw purchases, it ignores the role of Obama-appointed U.S. Attorneys and their offices in not wanting to prosecute these crimes, and then they repeat the 90% myth again. They also insist on calling semi-automatic AR-15s and AK-47s “military-grade” weapons based upon their cosmetics and not their performance.

Bob concludes:

“Outgunned: Law Enforcement Agents Warn Congress They Lack Adequate Tools to Counter Illegal Firearms Trafficking” is a purely political document created to advance a dishonest gun control agenda, even in the face of 152+ deaths caused by this same sort of duplicity.

Rep. Elijah Cummings should be ashamed to have issued this report, and he should be pressed to answer for it.

 Indeed he should as should all that are associated with it.

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Former Head Of El Paso Intelligence Center On Project Gunwalker

July 1, 2011 by

Cam Edwards interviewed Phil Jordan about Operation Fast and Furious on NRA News today. Mr. Jordan is the former director of the El Paso Intelligence Center. He made some interesting points in the interview. With regard to the firing of ATF Agent and whistle-blower Vincent Cefalu, Mr. Jordan said that it was done as a warning to other agents to not cooperate and to keep their mouths shut. He also said it was a complete injustice to the Terry and Zapata families for the DOJ to allow the damage control/cover-up efforts to continue.

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Crimson Trace Likes Taurus Owners

July 1, 2011 by

If you have the Taurus Milenium Pro, then you are in luck. Crimson Trace has just released the LG-493 Laserguard for this pistol. I have a Laserguard on my Ruger SR-9c and was amazed at how easy it was to mount on the SR-9c.

(Wilsonville, OR) Crimson Trace today announced the retail availability of the LG-493 Laserguard™ for the Taurus Millennium PRO as of July 1st at an MSRP of $209.

The Crimson Trace Laserguard increases the flexibility of this already versatile pistol, adding an instinctively activated laser sight to the long list of available options. Constructed of the same material as the pistol’s frame, this Laserguard has been designed and tested to shrug off recoil and maintain zero, even when fitted to the powerful, 21oz, .45 ACP Millennium PRO.

Fitting seamlessly to the trigger guard and dust cover, Laserguard’s slim profile matches the Millennium PRO’s width, ensuring that the pistol is easily concealed and holstered. Featuring an industry-leading four hour run time on one 1/3N battery, the laser is user-adjustable for zero and requires no gunsmithing to install. The unit retails at $209 and is available through the usual distribution channels. All Crimson Trace products are proudly engineered and made in Wilsonville, Oregon. Visit www.crimsontrace.com to learn more about Crimson Trace products and see other new product releases.

 

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List Of Bills Impacting Wildlife Resources In North Carolina

June 30, 2011 by

The North Carolina Wildlife Resources Commission has compiled a list of bills that will impact fish and game in the state. Other than the Castle Doctrine and the repeal of the crossbow purchase permit requirement, the biggest thing I see in this list is that the wild boar has been reclassified as feral swine.

While the Russian Boars that were imported to western North Carolina at the beginning of the 20th Century and their descendents are still out there, I imagine that interbreeding with domestic swine has diluted the purity of that bloodline to the point where they are no longer any different than your run of the mill wild hog. I haven’t read the testimony on the bill that changed the law but think that is probably the case.

Senate Bill 109 / Session Law 2011-15 “Spending Cuts for the Current Fiscal Year”

Required N.C. Wildlife Resources Commission to return $3 million in 2010-11 funding.
Effective: 3/25/2011

House Bill 200 / Session Law 2011-145 “Appropriations Act of 2011”

Repeals current sales tax formula for Wildlife Resources Commission funding and appropriates $18 million for the 2011-2012 fiscal year for Commission operations. Also requires a continuation review for the Conservation Education section.
Effective: 7/1/2011

Senate Bill 686 / Session Law 2011-176 “2011 Appointment Bill”

Appoints the following to the Wildlife Resources Commission: Wendell Murphy, Jr., Thomas Berry, Mark Craig, Doc Thurston, John Clark, John Coley, Durwood Laughinghouse, Mitch St.Clair.
Effective: 7/1/2011

House Bill 762 / Session Law 2011-231 “Landowner Protection Act”

Defines written permission to hunt/fish on posted land as being signed and dated by the landowner/lessee/agent within the past twelve months. If permission has been granted to a hunt club, both permission and a membership must be on the person. Allows for an affirmative defense if someone had written permission but did not have it on their person. Allows for purple paint to be used for posting land. Wildlife officers are enabled to enforce trespass on site.
Effective: 10/1/2011

House Bill 29 / Session Law 2011-22 “Retrieval of Big Game”

A hunter may use a portable light source and a single dog on a leash to assist the hunter in retrieving a dead or wounded big game animal. A hunter may dispatch a wounded big game animal using only a .22-caliber rimfire pistol, archery equipment or a handgun legal for that season. Pursuit and retrieval may occur between 30 minutes after sunset and 11:00 p.m., but may not be accomplished using a motorized vehicle.
Effective: 10/1/2011

Senate Bill 406 / Session Law 2011-56 “Repeal Crossbow Purchase Permit Requirement”

Repeals the requirement that a person obtain a permit to receive, sell, purchase or otherwise transfer a crossbow.
Effective: 4/28/2011

House Bill 62 / Session Law 2011-24 “Prohibit Boylston Creek Reclassification”

Prohibits the rule to change the water quality classification to “trout waters” on Boylston Creek from becoming effective.
Effective: 7/1/2011

Senate Bill 68 / Session Law 2011-16 “Robeson Hunting and Fishing”

Prohibits hunting and fishing on the property of another without written permission in Robeson County.
Effective: 10/1/2011

House Bill 432 / Session Law 2011-369 “Swine in Transport/Regulate Feral Swine”

Prohibits the transportation of live swine, unless the swine has an official form of identification approved by the State Veterinarian. Also classifies all free-ranging mammals of the species Sus scrofa as feral swine, while deleting the definition of wild boar. Repeals the wild boar hunting license and defines feral swine as a non-game animal. Allows the Wildlife Resources Commission to adopt rules prescribing season and the manner of taking of wild animals and wild birds with the use of artificial light and electronic calls. Deletes the size restriction on pistols for non-game species, rabbits, squirrels, opossum, raccoons and fur-bearing animals. Repeals the requirement of wearing a hunter orange cap or garment in the hunting of feral swine. Makes it unlawful to remove feral swine from a trap, or transport it, while it is still alive.
Effective: 10/1/2011

Senate Bill 46 / Session Law 2011-32 “Surry Fox and Coyote Taking Season”

Establishes an open season for taking foxes and coyotes with lawful weapons or traps from October 15 through March 1 of each year. Applies only to Surry and Alleghany counties.
Effective: 4/7/2011

Senate Bill 261 / Session Law 2011-40 “Chowan Fox Seasons”

Notwithstanding any other provision of law, there is an open season for taking foxes with weapons and by trapping during the trapping season set by the Wildlife Resources Commission each year, with no tagging requirements prior to or after sale. No bag limit applies to foxes taken under this act.
Effective: 10/1/2011

House Bill 463 / Session Law 2011-136 “Rockingham/Taking of Foxes”

Establishes an open season on taking foxes with firearms, bow and arrow, or crossbow during any open small game season each year. Establishes an open season for taking foxes by trapping from November 1 through February 28 of each year. No bag limit applies to foxes taken under this act. No tags shall be required for the sale of the fur of foxes taken in accordance with this act.
Effective: 6/15/2011

House Bill 755 / Session Law 2011-380 “Study Fox Laws”

The Wildlife Resources Commission shall undertake a study of fox and coyote populations in the State and recommend management methods and controls designed to ensure statewide conservation of fox populations while managing adverse effects of coyote populations. In conducting the study, the Wildlife Resources Commission shall solicit input from interested stakeholders, including hunters, trappers, controlled hunting preserve operators, public health authorities, local governments, the North Carolina Department of Agriculture and Consumer Services, and private landowners. The Wildlife Resources Commission shall complete its study by April 1, 2012, and submit a report, including any proposed legislation, to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, the Chairs of the House Committee on Agriculture, and the Chairs of the Senate Committee on Agriculture, Environment, and Natural Resources.
Effective: 6/27/2011

House Bill 650 / Session Law 2011-268 “Amend Various Gun Laws/Castle Doctrine”

Amends numerous State laws related to the ownership and possession of guns. It would also expand the “Castle Doctrine” to apply to a motor vehicle or the workplace.
Effective: 12/1/2011

House Bill 350 / Session Law 2011-274 “Property Tax Conformity for Conservation Land”

Clarifies and modifies the tax exemption for real property for educational and scientific purposes as a protected natural area by listing certain, enumerated conservation purposes. Creates a 5-year rollback for avoided taxes if conservation property is no longer used for conservation purposes, is used to generate income inconsistent with conservation, or is sold or transferred without an easement requiring perpetual use of the listed conservation purposes and without a prohibition on income generation. Expressly aligns definitions for educational and scientific purposes with the property tax exemption for property used for educational and scientific purposes. Requires, as does the income tax credit for real property donations for conservation purposes, that the entity owning the property must be “organized to receive and administer lands for conservation purposes”. Adds the requirement that property qualifying under this exemption either not earn income or only earn income that is merely incidental to and not inconsistent with conservation purposes.
Effective: 7/1/2011

House Bill 159 / Session Law 2011-35 “Military Service Notation on Licenses”

Requires the N.C. Division of Motor Vehicles to make a notation on a North Carolina driver’s license showing a license holder’s military veteran status.
Effective: 7/1/2011

House Bill 407 / Session Law 2011-68 “Modify ATV Helmet Use Requirements”

Amends the ATV helmet law by requiring people 18 years old and over to only wear a helmet and safety gear when on a public street or highway or public vehicular area. Mandatory helmet and eye protection for under 18 years of age both on and off road.
Effective: 10/1/2011