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More Money Down The Drain At NRA

November 10, 2022 by 1 Comment

The Second Circuit Court of Appeals denied the NRA’s request for an en banc hearing in their lawsuit against Maria Vullo of the NY Department of Financial Services. They had originally sued her on First Amendment grounds saying she had violated their right to free speech and to equal protection of the law with regard to an investigation involving the NRA and three insurance companies.

This was an appeal from the court’s decision on September 22nd which reversed and remanded the District Court’s decision not to dismiss the NRA’s free speech claims against Maria Vullo. The court found that she was covered by qualified immunity.

So we see, yet again, that the vaunted legal prowess of Brewer, Attorneys and Counselors, is more a myth than a reality. When one sees how much the NRA has spent on legal bills with the majority going to Brewer, one has to wonder just what value that they got for that money.

To help put things in perspective, the legal budget of the Second Amendment Foundation was $1.8 million according to their new Executive Director Adam Kraut.

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Happy 247th Birthday, USMC!

November 10, 2022 by 1 Comment

Today marks the 247th birthday of the United States Marine Corps founding at Tun Tavern. Interestingly, the person commissioned by the Second Continental Congress to raise two battalions of Marines, Samuel Nicholas, was the innkeeper of Tun Tavern and a Quaker. He is buried at Arch Street Friends Meeting’s graveyard where the Marines lay a wreath in his memory on the Marine Corps’ birthday.

Nicholas gives new meaning to the term “Fighting Quakers”. I wonder how many Quakers are aware of this connection to the Marine Corps. I know that I never heard of it when I attended Guilford College which is a Quaker college.

Nicholas started recruiting immediately upon receiving his commission from the Continental Congress. In that spirit, here are a couple of older recruiting posters.

Finally, here is the official birthday message from the Commandant in video form.

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Observations On The Midterm Elections

November 9, 2022 by 3 Comments

The pollsters took another election on the chin. Few races turned out anywhere near what was predicted. The so-called red wave or tsunami has turned into, at best, a red rivulet. The US House may be Republican majority but it will be only so marginally. We still don’t know about the Senate. The Georgia senate runoff may be the deciding factor there.

In North Carolina, it was generally a good night for Republicans and conservatives. Rep. Tedd Budd (R-NC) defeated former Ch. Justice Cheri Beasley. He had a positive vote margin of approximately 135,000 votes. In my district, St. Sen. Chuck Edwards (R-Henderson) beat Buncombe County Commissioner Jasmine Beach-Ferrara (R) by over 30,000 votes.

In the North Carolina statewide judicial races for Supreme Court and Court of Appeals, it was a Republican sweep. Republicans will now have a 5-2 majority on the Supreme Court with the addition of Judge Richard Deitz and Trey Allen. With the US Supreme Court hearing Moore et al v. Harper et al, a case involving redistricting and the legislative prerogative, redistricting will probably come before the NC Supreme Court again.

Speaking of redistricting, the forced redistricting of Congressional districts by the NC Supreme Court resulted in a 7-7 split between Republicans and Democrats. Without this forced redistricting, it probably would have been 9-4.

The other NC results of note are that the Republicans regained a supermajority in the State Senate and are only one short in the State House. This bodes well for both the elimination of the pistol purchase permit as well as allowing church carry when the church has an attached school. Both bills were vetoed by Gov. Roy Cooper (D-NC) and had his veto sustained in this past session.

Moving on from NC, let’s look at Pennsylvania. I think it was widely expected that AG Josh Shapiro (D) was going to win the governorship over St. Sen. Doug Mastriano (R) and he did. It was the Senate race between Mehmet Oz and John Fetterman that got most national attention. It appears that Fetterman, damaged as he was from his stroke, has won that race by about 200,000 votes. I have looked at the results and one thing stands out to me. The PA Secretary of State’s office shows the votes on the day of the election and “mail in” votes. Fetterman got 886,217 mail in votes versus 217,932 for Oz. A 4-1 split like that is statistically suspicious in my opinion. This is especially true given that Oz had about 45,000 more election day votes than Fetterman. It just doesn’t pass the smell test.

As to Fetterman serving a full term, I’m going to go out on a limb and say he will be gone by mid-year 2023 due to “health reasons” with Shapiro then appointing a replacement to serve until Jan. 2025. I just can’t see Fetterman as being much more than a placeholder given his condition.

J. D. Vance along with Republicans in general had a good day in Ohio. They took the governorship, Vance’s senate seat, and the Chief Justice of the Ohio Supreme Court along the rest of the Council of State offices.

Oregonians decided that they wanted to stick with the leftist policies of Gov. Kate Brown and elected Tina Kotek (D) as governor. Again, polls were deceiving as it appeared that Republican Christine Drazan might have been in the lead. Also, voters barely passed anti-gun Measure 114 which contains a magazine ban as well as requirements to obtain a permit before purchasing any firearm. Multnomah County, the home of Portland, provided the most votes for it. Why am I not shocked. I foresee that this will be challenged in Federal court given the Bruen precedents.

One last observation is that former President Trump was good at pushing candidates in the primaries. He was not so good at getting candidates that could actually win a general election. If you look at both New Hampshire and Georgia, Republican governors cruised to re-election while the Trump-backed Senate candidates struggled. Bolduc lost in New Hampshire and Hershel Walker is slightly behind Warnock at they are headed to a run-off. Meanwhile in Florida, both Ron DeSantis and Marco Rubio who have been dissed by Trump won handily. I know Trump wants vindication for his 2020 loss to Joe Biden but there comes a time when you just have to suck it up and move on. Now that I’m officially a senior citizen, I think I can say we need a 2024 presidential candidate that is younger than me which automatically precludes him.

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Vote Like Your Rights Depend Upon It

November 6, 2022 by 3 Comments

That is because your firearm rights do depend upon this election. If the Democrats retain control of Congress, you can be assured of a new assault weapons ban along with a magazine ban. Fortunately, if the polls are correct, the Republicans should take at least the House of Representatives and possibly the Senate.

In most areas, early voting has concluded and you must vote in person on Election Day. As I write this, the polls will open in less than 48 hours in most states.

If you are unsure of where a candidate stands on gun rights, most gun rights organizations will have candidate ratings. Some will only rate Congressional candidates and state level races while others will drill down to state house and senate races.

If you are a North Carolinian, your best source is the Grass Roots North Carolina-PVF. Their ratings don’t give extra weight to incumbents unlike the NRA. Moreover, they take a hardline approach to candidates who blow off their issues survey. If you blow off the survey and have no voting record, you get zero stars. I still shake my head at local Republicans who do this such as Pratik Bhakta in my state house district. He did get an AQ rating from the NRA but I don’t know how.

The National Shooting Sports Foundation doesn’t rate head-to-head races for Congress. However, they do have a report card with the ratings of each member of the House and Senate. Bear in mind that some of these politicians are not running again or have been defeated in primary.

The NRA-PVF does rate candidates for Congress, state legislatures, and some other races like the North Carolina Supreme Court. You do not need to be a member to see their ratings and endorsements. Just click on your state on the map they have to find their ratings and endorsements.

Gun Owners of America only does Congressional races. Their ratings do differ a bit from that of the NRA and are a bit tougher in general. You can find them here.

If I had one suggestion to make here besides making your voice heard by voting, it would be to seek out the ratings or recommendations from your state level gun rights group first. This is especially true when it comes to state legislators and other state and local candidates. Whereas the NRA-ILA may have one representative covering two or more states, the state level groups know who is who on the local basis. They know who has stood with them in the past, who has worked with them at various levels of government, and who has actually attended their events.

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Frank Tait To Be On NRA Board

November 4, 2022 by 1 Comment

Dave Butz, longtime NRA Board member, passed away earlier today. He played on two Super Bowl champion football teams for the Washington Redskins. He was 72.

As a result of Butz’s passing, Frank Tait will now serve on the NRA Board of Directors until the next NRA Annual Meeting. Frank was notified this afternoon by NRA Secretary John Frazer of Mr. Butz’s passing and his ascension to the board. Under the bylaws, vacancies on the board are filled by the next highest candidate not elected. Frank was the last remaining candidate not elected to the board.

So what does this mean for NRA members. By himself Frank will not be able to do much given the size of the board. However, he will have access by law to the books and records of the NRA. Even if Judge Cohen in the New York AG’s suit would not allow him intervenor status, he would be obligated to force the powers that be at the NRA to grant Frank access to this information.

I assume that the Friends of Wayne will give Frank the same cold shoulder that they have given Judge Phil Journey. Their petulance is actually rather pathetic as they would rather stay in the good graces of a hireling than those of the members.

I wish Frank the best in this position and hope that some good can come from it.

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LawDog Needs Our Help

November 3, 2022 by 4 Comments

Ian McMurtrie aka LawDog is an author, a blogger, and a retired lieutenant from the Wichita County (TX) Sheriffs Department. He blogs at The LawDog Files and has a number of books and anthologies out including Ghosts of Malta which is excellent.

From LawDog’s donation page

He retired from the sheriffs department in April 2020. In October 2020, he was charged with excessive use of force regarding an inmate in the jail. The charge is a misdemeanor for which he is not guilty. As Jim Curtis explained to me yesterday, it involved a very large inmate who was out of control and who had been arrested for assaulting an officer. I have read the news stories regarding LawDog’s arrest and the “excessive force” he used. It is total and utter bullshit. Indeed, the prisoner involved did not even file a complaint. The excessive force was more in line with what a nun might have used in a Catholic school to control an unruly student in days gone by.

The charge stems from internal politics within the sheriffs department. It is being made worse by a DA who is trying to bleed LawDog dry by dragging the case out over two years with numerous bogus plea deals. Cedar Sanderson gives more background. It is way more eloquent than my post.

A successful defense costs money and LawDog is at the point where he has to ask for help. A legal defense fund has been set up. You can find it here.

Jim Curtis aka Old NFO has set up a raffle for donors with some very nice prizes in order to help raise awareness and contributions. Every $20 donation gets one entry into the raffle. Prizes include a custom rifle along with some other great stuff.

I have donated and I would encourage everyone to do so as well. While you could win a raffle prize, make a donation because it is the right thing to do. If we don’t stand up for what is right in the face of an injustice, who will?

UPDATE: As of this morning, Sunday, Nov. 6th, over $36,000 has been raised for LawDog’s legal defense fund. To those who have donated, thank you. To those that plan to donate, you can still do it!

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In Time For Halloween – The Frankenpen

October 28, 2022 by

In case you don’t know, I love pens and especially fountain pens. I have more than you can shake a stick out. Some are real collectors that I plan to have rehabbed one of these days like a 1920s Parker Duofold Big Red. Others are cheap Chinese pens bought off of EBay which actually aren’t that bad. In the middle are some German pens from Lamy and Pelikan with the odd Japanese pen tossed in for good measure.

With Halloween fast approaching, I found this video from Jet Pens interesting. It gives examples of how to mix and match pen parts to get just what you want. One that really intrigues me is modifying the Zebra Kado2 with a gel refill. I can see using that pen when I’m at the SHOT Show as both a measuring device and something with which to take notes.

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Dallas Safari Club Grants For Conservation

October 28, 2022 by 3 Comments

The Dallas Safari Club and the DSC Foundation raise money to fund conservation efforts, for education, for anti-poaching teams, and to counter anti-hunting initiatives.

DSC Executive Director Corey Mason outlines some of their recent grants below. DSC says its mission is education, conservation, and advocacy. Each one of the short video addresses one of their mission goals.

A complete list of the grants made by the DSC Foundation is here.

I attended their 2022 convention held in Dallas and hope to do it again in January 2023. One thing that I found special about their convention was the number of families and school groups that were in attendance. That they went out of their way to make it inclusive for all age groups really impressed me.

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Police Report On Raleigh Murders

October 26, 2022 by 2 Comments

The Raleigh Police Department has released a preliminary report on the October 13th mass casualty event in which five people were murdered and two wounded. The killer is a 15 year old juvenile whom authorities have not publicly identified though some media sources have published it. However, He is currently in the hospital in critical condition from a self-inflicted gun shot wound. Wake County District Attorney Lorrin Freeman indicates that she intends to charge him as an adult.

The next day before most details were known, President Joe Biden released a statement on the murders. Included in the statement was a renewed call for a new assault weapons ban.

For the lives we’ve lost and the lives we can save, I took historic action to stop gun violence in our nation, including signing the most significant gun safety law in nearly 30 years. But we must do more. We must pass an assault weapons ban. The American people support this commonsense action to get weapons of war off our streets. House Democrats have already passed it. The Senate should do the same. Send it to my desk and I’ll sign it. 

Having read the police report, there are a few things that stand out. First, the killer was armed with a shotgun, a handgun, and a large knife. He did not have any “assault weapon” (sic). Second, the first victim was the killer’s 16 year old brother who had been both shot and stabbed. Third, the killer covered almost 2 miles on foot from the first murder until he was taken into custody. Fourth, there is no word on how he obtained the firearms. Finally, the most important question goes unanswered: why?

We don’t know why he killed his brother, we don’t know why he continued the killings, and we don’t know how he obtained his firearms. We do know that he did not have “an assault weapon”. His family asserts that there were no warning signs that their son “was capable of doing anything like this.” If he survives, I hope we do get some answers as he goes to trial.

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Adam Kraut Joins SAF As Executive Director

October 26, 2022 by

I have known Adam Kraut for a few years now. I supported him in his runs for the NRA Board of Directors even though Marion Hammer considered him “the enemy within”. I think one of the smartest moves he made in the past was opting not to fill out a term on the NRA Board of Directors in lieu of becoming the FPC’s Director of Legal Strategy which later became the VP for Programs. He left the Firearms Policy Coalition in August to be a sole practitioner.

On Monday, it was announced that Adam would be the new Executive Director of the Second Amendment Foundation. He will be doing that full time.

From the announcement:

Kraut brings almost a decade of experience in the Second Amendment realm as a litigator and educator. Throughout his career, Kraut has represented individuals, companies, and institutional plaintiffs in state and federal litigation and regulatory matters.

In addition to his legal background, Kraut draws management experience from his time in the non-profit world, where he was responsible for overseeing the programmatic functions of a liberty-based non-profit, which concentrated on Second Amendment issues. He also managed a federal firearms licensee. Kraut comes with a variety of media experience, having written for publications such as Recoil magazine, Recoil Web, and other online publications, writing and hosting a YouTube series, hosting and appearing as guest on multiple podcasts, and appearing on television.

Alan Gottlieb, SAF’s founder and Executive VP, had this to say on the appointment:

“We’re delighted to have Adam coming aboard at a time when our legal activities are greatly expanding,” said SAF founder and Executive Vice President Alan M. Gottlieb. “He brings a wealth of experience to the position, at a critical time when we are challenging an array of restrictive gun control laws that clearly have restrained peaceable, law-abiding citizens while accomplishing nothing in the effort to reduce violent crime.

“Adam has been a SAF Life Member since 2013,” Gottlieb added. “He has a keen understanding of our mission, our history and our effort to win firearms freedom, one lawsuit at a time. We are proud to bring him aboard to fill an important role as we ramp up our fight to restore and expand the Second Amendment as the cornerstone of our Constitution.”

In accepting the position, Adam acknowledged the legacy of the Second Amendment Foundation and said he looked forward to continuing developing more cases to bring to the Supreme Court “to ensure the right to keep and bear arms is restored to its original meaning.”

I think this is a great selection. While not said out loud, I think Alan Gottlieb is looking to build a succession plan for SAF. Contrast that with Wayne LaPierre and the NRA where any thoughts of a succession plan are quickly stomped out. Healthy organizations look to succession; unhealthy organizations actively resist it.