by After have just watched Ralphie finally get his Daisy Red Ryder on TV, I came across this. Don’t shoot your eye out Ralphie!
A very Merry Christmas to one and all.
Uncategorized
All-out Cardboard Warfare
I’m surprised that the Brady Campaign, Code Pink, or any of their fellow-traveling friends hasn’t tried to outlaw this yet. Those papercuts can be deadly!
Will Obama Poke Gun Owners In The Eye Again?
The Senate adjourned on December 22nd. With that adjournment, the nomination of Andrew Traver to head the Bureau of Alcohol, Tobacco, Firearms, and Explosives fell by the wayside. The Senate neither voted to confirm nor deny his appointment so if Obama still wants Traver as Director of ATF he will need to resubmit his name to the Senate.
According to the Congressional Research Service:
Nominations Returned to the President
Nominations that are not confirmed or rejected are returned to the President at the end of a session or when the Senate adjourns or recesses for more than 30 days (Senate Rule XXXI, paragraph 6). If the President still wants a nominee considered, he must submit a new nomination to the Senate. The Senate can, however, waive this rule by unanimous consent, and it often does to allow nominations to remain “in status quo” between the first and second sessions of a Congress. The majority leader or his designee also may exempt specific nominees by name from the unanimous consent agreement, allowing them to be returned during the recess or adjournment.
Checking the Congressional Record (page S11071) for December 22nd, Andrew Traver’s nomination was specifically mentioned as being returned to the President. Along with him were a number of other nominations including many judicial nominations.
The website, Main Justice, first reported on this yesterday, noting that Traver had faced “strong opposition from the National Rifle Association.” David Codrea notes that we are not out of the woods yet in his Gun Rights Examiner column.
Gun owners dodged a bullet—but only one. Without individual senators, including nominally “pro-gun” Democrats, taking a stand and publicly opposing Traver, and without them pledging further opposition and consequences if Obama attempts a recess appointment end run, we’re not out of the woods yet.
Joe Huffman at the View from North Central Idaho offered this wry assessment of the situation.
I think this means we will have a more gun friendly Senate to review Traver’s background with the
KlanJoyce Foundation.
Two questions remain regarding Andrew Traver. First, will Obama renominate him now that Rahm Emanuel is no longer Chief of Staff? As reported earlier, Emanuel was the person in the Obama White House who was pushing Traver. Without Rahm as his champion, is the controversy over Traver worth it to Obama?
The second question is whether Obama is so committed to sticking it to us “bitter clingers” that he will make Traver a recess appointment. He has until 11:59am on January 5, 2011 to make that decision. My gut reaction is that he punts and there won’t be a recess appointment. The Brady Bunch and their ilk are just not worth the bad will that would ensue.
Rat-A-Tat Annihilators?
Editorials in the New York Times are known for their hyperbole when it comes to firearms. Today’s editorial entitled Cartel Gunmen Buy American goes even further. In an effort to bolster support for ATF’s proposed “emergency” and “temporary” semi-automatic rifle reporting requirement for multiple purchases, they use words like body count, carnage, war weapons, and gun lobby. However, after seeing one too many repeat showings of The Untouchables, they have outdone themselves.
…with use of high- power long guns more than doubling in the past five years as cartel gunmen turn to the rat-a-tat annihilators easily obtainable across the border.
Who writes this stuff? Moreover, who reads it without rolling on the floor laughing?
The rest of the editorial tries to make the case that “AK-47s and other battlefield assault rifles” are being sold by dealers along the Mexican border to the narco-terrorists and that it is only right-wing Republicans, cowed Democrats afraid of the “gun lobby”, and the National Rifle Association itself that stands in the way of “courageous” legislation that would make the proposed requirement law. They even ask Obama to ignore Congress and just issue an Executive Order. This, of course, would modify the Gun Control Act of 1968 and the Firearm Owners Protection Act of 1986.
We know, of course, that “battlefield assault rifles” are covered under the National Firearms Act of 1934 and require a tax stamp, background investigation, and that no new automatic weapons can be sold to non-LEO, non-military since the Hughes Amendment of 1986. The bulk of the real automatic weapons in Mexico, if U.S. made, are coming from Mexican Army arsenals sold by corrupt and/or fearful Army officials. As for the full-automatic AKs, the fine hand of Venezuelan dictator Hugo Chavez and Eastern Bloc gun merchants can be seen in that.
That’s the reality of the situation which is completely and obviously ignored in this editorial.
Spetnatz With EoTech Optics?
The KitUp Blog posted this video today of Russian special forces engaged in urban operations – presumably counter-terrorism. Virtually all of their AK’s were equipped with what looked like an EoTech holographic optic. They also have some very interesting mounts for these optics. While I’m sure LaRue Tactical has nothing to worry about, I wouldn’t mind getting my hands on a set to use with my AK-74.
As they note in the KitUp blog, they don’t know whether these are real or knock-offs of EoTechs. Given that the EoTech optic is a controlled item, it would be interesting to know if they are indeed real just who approved their export to Russia. As you can see by EoTech’s disclaimer below, they require export licenses. Perhaps this is what Hillary meant by hitting the “Re-Set Button”.
This Holographic Weapon Sight must be exported from the United States in accordance with Export Administration Regulations ECCN 0A987. Diversion contrary to U.S. law is prohibited. In accordance with U.S. law (Title 15 CFR part 746 and Supplement No. 1 to Part 774; and Title 31 CFR) resale/re-export or transfer of Holographic Weapon Sight Models 552, 551, 512, 511, 4X magnifier and 3X magnifier to certain designated countries is prohibited without prior written consent of the U.S. Department of Commerce. The Holographic Weapon Sight Models 553, 557 and 555 are controlled under U.S. International Traffic in Arms Regulations (ITAR) and may not be exported without proper authorization by the U.S. Department of State.
Melson Addresses FFL’s On The “Two-A-Day” Requirement
The ATF obviously wants to get the message about about their new “emergency” initiative to require Federal Firearms Licensees (FFL’s) to report the purchase of two or more semi-automatic rifles in calibers greater than .22 and with a detachable magazine.
ATF put a video up on their website with a message from Deputy Director Kenneth Melson on the proposed requirement as well as the transcript of the video. Thanks to David Codrea it is now on YouTube.
Transcript of ATF Acting Director Melson — Webcast
December 20, 2010Acting Director Announces Demand Letters for Multiple Sales of Specific Long Guns in Four Border States
Hello, I’m Ken Melson, the Acting Director of ATF.A recent initiative by the Bureau of Alcohol, Tobacco, Firearms and Explosives has caught the attention of national media outlets. I wanted to make sure everyone heard from me about this law enforcement initiative so there isn’t any confusion.
Recently, ATF announced through the Federal Register our intent to initiate a new Demand Letter requiring the reporting of multiple sales of certain long guns by Federal Firearms Licensees, known as FFLs, in the four Southwest Border States. We took this step as a way to help gain actionable law enforcement intelligence which we believe will help reduce criminal firearms trafficking along the Southwest border.
Before we can actually issue the Demand Letter we must receive approval from the Office of Management and Budget for purposes of the paperwork reduction act. We expect to receive that approval in early January, 2011.
As many of you already know, the goals of ATF’s Southwest border firearms trafficking strategy are:
•: To prevent violent crime;
•: Ensure the safety of the communities and law enforcement situated along the Southwest Border;
•: And to disrupt and dismantle the firearms trafficking networks responsible for the diversion of firearms from lawful commerce into the hands of the Mexican Drug Trafficking Organizations (DTOs)
Since 2006, there has been a significant increase in drug and firearms-related violence in Mexico and along our Southwest border. In response to this increased violence, ATF has deployed focused resources nationally to prevent the firearms trafficking along the Southwest Border and into Mexico.According to ATF trace data, investigative experience, and Mexican law enforcement officials, a large number of rifles are being used in violent crimes in Mexico and along the border. Our new Demand Letter will implement a limited reporting of multiple sales of certain long guns that functions similarly to the current practice of reporting on the multiple sales of handguns. Currently, all FFLs in the country are required to submit a report of multiple sales to the National Tracing Center when an FFL sells two or more handguns to the same purchaser within five consecutive business days.
The proposed Demand Letter, which is narrowly circumscribed to meet our objectives, will apply a similar reporting requirement to certain long guns, but with these distinct differences:
First, the reporting requirement will apply only to FFLs doing business in Texas, New Mexico, Arizona and California, which are major source states for crime guns seized in Mexico and traced to federal firearms licensees.
Secondly, the reporting requirement applies only to those rifles having all of the following characteristics:
•: A semi-automatic action;
•: A caliber greater than .22; and
•: The ability to accept a detachable magazine.
These specific characteristics subject a very narrow group of long guns that have been identified by ATF and the Government of Mexico as being involved in violent crimes in Mexico to the reporting requirement.This reporting requirement would apply to the disposition of all rifles in the inventory of the FFLs exhibiting these characteristics, both new and used.
Third, we propose to implement this initiative as a pilot project for a period of one year.
Taken together, limiting the geographic scope, impacting a limited number of licensees, affecting a specific group of rifles, and limiting the duration of this reporting requirement, form a tailored, discreet, responsible and proactive response to a significant law enforcement issue.
Let me be absolutely clear. The purpose of requiring FFLs to report the specified multiple long gun sales in these four source states is to identify criminal firearms traffickers, not to prevent the full and free exercise of our Second Amendment rights, or to encumber the FFLs with burdensome paperwork.
These reports will give ATF real-time leads for the investigation of gun trafficking. ATF’s experience in these source states proves that multiple purchases of the described rifles are strong indicators of firearms trafficking to Mexico. By obtaining information about these multiple sales, ATF increases the likelihood of uncovering and disrupting trafficking schemes before the firearms make their way into Mexico.
I know that FFLs are good citizens who share ATF’s interest and commitment in keeping guns out of criminal hands. Working together we can do that without infringing on the rights of law abiding Americans.
I guess when you are pushing an initiative that contravenes the authority given to your agency by Congress as well as a shorter than required comment period, you really need to get your propaganda ducks in a row. Too bad we are on to him if not the mainstream media.
H/T David Codrea for the video. Make sure to read his column on this.
Plaintiffs File A Motion For Summary Judgment In NJ Challenge
Attorneys for the plaintiffs in the New Jersey case challenging the restrictiveness of the state’s concealed carry law, Muller et al v. Maenza et al, have filed a motion for summary judgment. This is the case in which both the Second Amendment Foundation and the Association of New Jersey Rifle and Pistol Clubs have banded together with a number of individual plaintiffs to challenge the constitutionality of the NJ concealed carry law.
You can read the motion here.
While I haven’t had time to read it, I thought it was important to get this information out as quickly as possible. As Sebastian has noted, this case is a facial challenge as opposed to an as applied challenge.
Off To The People’s Republic of Illinois
We are leaving in a few minutes for St. Louis and the People’s Republic of Illinois. To paraphrase Toy Story II, I’ve got my traveling buddy!
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| Sammy |
UPDATE: After arriving in Illinois yesterday afternoon, we went out shopping with family to Walmart. Going around with my nephew in the sporting goods department, I realized it would be ridiculous to check the price of ammo as I don’t have a FOID card and they couldn’t sell it to me.
I wondered if Walmart had a no CCW sign on the door while waiting for everyone to check out. Well, duh! This is Illinois and they don’t allow concealed carry. Hopefully, after the first of the year they will be the only remaining backward state that doesn’t allow concealed carry. I think the recent election results in Wisconsin should mean they will leave the dark side.
Brian Aitken’s Sentence Commutted by Gov. Christie
Here is the official commutation order:
Office of the Governor
Office of Constituent Relations
Post Office Box 001
Trenton, New Jersey 08625-0001GOVERNOR CHRIS CHRISTIE ELECTRONIC RESPONSE
Please see below the signed commutation order for Brian Aitken, signed by Governor Christie at 4:30 pm today.
ORDER FOR COMMUTATION OF SENTENCE
WHEREAS, Brian D. Aitken was convicted of Possession of Dum-Dum
Bullets in the Fourth Degree in violation of N.J.S.A 2C:39-3(f)(l), Possession of
Large Capacity Ammunition Magazine in the Fourth Degree in violation of
N.J.S.A 2C:39-3(j), and Unlawful Possession of a Handgun in the Second
Degree in violation of N.J.S.A 2C:39-5(b) in the Superior Court, Law Division
(Criminal), Burlington County, New Jersey, and was sentenced on August 27,
2010 under Indictment No. 09-03-00217-1 to a seven-year term of imprisonment
with a three-year mandatory minimum; andWHEREAS, the said Brian D. Aitken, caused to be made a written
application to the Governor for a Commutation of Sentence for the aforesaid
crimes of which he was convicted, and the State Parole Board, upon request of
the Governor in accordance with the law, has made an investigation of the facts
and circumstances concerning said application for a Commutation of Sentence;NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New
Jersey by virtue of the authority conferred upon me by the Constitution of New
Jersey and the statutes of this State, do hereby grant to the said Brian D. Aitken,
a commutation of the aforesaid sentence to time sewed, and satisfied on
December 20,2010.IT IS FURTHER ORDERED, that Brian D. Aitken’s release from the
custody of the New Jersey Department of Corrections be effected as soon as
administratively possible, or within a reasonable period to allow for release
processing pursuant to customary policy and procedure. ,This Order is subject to revocation at any time, at the discretion of the
Governor, without notice.
The Free Brian Aitken page on Facebook has lots of discussion about it.
NJ.com has the story here and the Philadelphia Inquirer has the story here. Some of the comments from the anti-gun sorts make my blood boil but I’ll just leave it at that.
Congratulations to Brian Aitken and his family. I hope his appeal which is pending totally overturns the conviction.
Bradys All For ATF Reporting Requirement
The Brady Campaign is very much in favor the ATF’s proposed “temporary” requirement that sales of more than one semi-automatic rifle with certain characteristics in a five day period be reported to ATF. I know that surprises no one. Here is their (as usual) misleading press release on the proposal:
Brady Campaign Applauds ATF Plan to Collect Reports of Bulk Weapons Sales
“A step toward battling Mexican gun violence”Dec 17, 2010
Washington, D.C. – The Brady Campaign to Prevent Gun Violence today applauded the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for its plan to issue an emergency rules change to require that federally-licensed gun dealers near the Mexico border report multiple sales of assault weapons.
Under the proposal published in the Federal Register today, certain gun dealers would be required by a “demand letter” issued by the ATF to alert the agency when they sell two or more semi-automatic rifles greater than .22 caliber with detachable magazines to the same person within five consecutive business days
“It makes sense that law enforcement should be alerted if someone is buying 5, 10, or 100 assault weapons, when it’s likely that those guns could be headed to drug cartels in Mexico,” said Paul Helmke, President of the Brady Campaign. “It will give ATF the same amount of information about people who buy military-style assault weapons in bulk that they already have had for more than 40 years about people who buy handguns in bulk. It’s the kind of crime-fighting information that our law enforcement officials ought to have if we want to reduce the number of assault weapons being trafficked illegally to Mexico, as well as to American cities.”
While the National Rifle Association and other gun lobby groups have already expressed strong opposition to this attempt to stop illegal gun trafficking and curb gun violence in Mexico, the Brady Campaign noted that the Obama Administration has clear legal authority to require the bulk sales reports. “Demand letters” were used during the Clinton administration to force dealers with high crime gun traces to submit additional information to the ATF and the courts have upheld their use. For example, in 2001, the 4th Federal Circuit Court of Appeals rejected a challenge to this authority by former NRA Board member and gun shop owner Sandy Abrams, whose license was eventually revoked for massive violations of federal gun laws.
The Brady Campaign also urged the Obama Administration to develop a comprehensive approach to gun violence by advancing policies to require background checks on all gun sales at gun shows, limit the bulk sales of guns and restrict access to military-style weapons. “Steps like these will improve our border security and our ‘hometown security’ in neighborhoods and communities of the United States,” added Helmke.