Slow Facts On HR 822

I met Rob Morse on the last day of the recent Gun Rights Policy Conference. It turns out he was a fellow gun blogger and had a blog named Slow Facts. We spent a few hours in Chicago O’Hare chatting while waiting for our respective flights home, me to North Carolina and Rob to Southern California.

Rob is an engineer by training and he applies that same clarity of thought to piercing the gun prohibitionists’ arguments against national reciprocity for concealed carry in this article.

Defenders of the existing feudal licensing scheme claim that their state has special needs. (Yes, there are a few “special needs” states in these United States. They have been taking the short bus for years now.) So what! Of course each state tests its drivers in slightly different ways to obtain a license. Some towns allow right turns at a red traffic light, and others don’t. We now post traffic signs so the regulations are explicit and not a matter of local knowledge. Gun laws also differ slightly from state to state, and most of the differences are similarly arbitrary.

It is as if California didn’t allow you to cross the border in your pickup truck because your truck is not on their list of approved vehicles. At the border they say, “In our state, we only let certain people drive that kind of truck. Now why would you be needing one?”

Don’t you recognize the same old political excuses?

  • “People will be dying all over the place if we let you drive a truck like that in our state.
  • “We have a long tradition of truck control, and it has served us well.
  • “Only criminals drive that kind of truck and we won’t stand for it here.
  • “Strangers simply don’t understand our system of truck regulation, and we need to keep foreign trucks out of their hands for their own protection.
  • “You wouldn’t want one of our children to get their hands on a truck like this, now would you?
  • “Our local government knows its citizens and determines the trucks that best serve their needs.”

Rob makes a very perceptive argument when he says that one of the major reasons some politicians oppose national reciprocity is that visitors will make the locals look bad by comparison. In other words, when the people of California or New York or New Jersey see visitors carrying concealed, legally and safely, they will begin to wonder why the heck they don’t have the same rights as the visitors.

Read the whole post as it does an excellent job is demolishing the arguments of Mayor Bloomberg and his Illegal Mayors with their Our Lives, Our Laws campaign.

HR 3289 – The Whistleblower Protection Enhancement Act of 2011

Rep. Darrell Issa (R-CA), Chairman of the House Oversight and Government Reform Committee, has introduced legislation that would strengthen the protections granted to whistleblowers in the Federal government. This act, HR 3289 – The Whistleblower Protection Enhancement Act of 2011, was introduced yesterday and has 3 co-sponsors including Rep. Elijah Cummings (D-MD), Ranking Member of the House Oversight Committee. While the text of the legislation is not yet available, Issa’s office did release this statement about the bill.

WASHINGTON – House Oversight and Government Reform Committee Chairman Darrell Issa (R-CA) today announced the introduction of the Whistleblower Protection Enhancement Act (H.R. 3289). The legislation will strengthen provisions of the Whistleblower Protection Act, originally enacted in 1989, for federal government employees who expose abuse, mismanagement, or criminal activity in federal agencies and programs.

Rep. Elijah Cummings, D-Md., Ranking Member of the House Oversight and Government Reform Committee, is an original co-sponsor of the legislation, as are Rep. Todd Platts, R-Pa., and Rep. Chris Van Hollen, D-Md., who sponsored whistleblower protection enhancement legislation last congress. Similar legislation was approved by the Senate Homeland Security and Governmental Affairs Committee last month. You can read a copy of the House legislation here.

“Whistleblowers play critical roles in exposing wrongdoing in government,” said Issa.”Federal employees who discover waste, abuse and mismanagement in their agency need to be able to alert agency leaders and Congress without fear of reprisal from supervisors, and within the confines of the law. This legislation establishes new protections for those who seek lawful ways to address abuse of taxpayer dollars.”

When enacted, the legislation will:

  • close judicially-created loopholes in existing whistleblower protection law;
  • extend whistleblower protection rights to some 40,000 airport baggage screeners;
  • increase avenues for intelligence community whistleblowers to safely and legally expose waste, fraud and abuse at intelligence agencies;
  • create specific protection in the law for scientific freedom;
  • ensure a permanent anti-gag statute to neutralize classifications like “classifiable,” “sensitive but unclassified,” “sensitive security information” and other poorly defined security labels;
  • establish consistency with other remedial employment laws;
  • strengthen the Office of Special Counsel’s ability to seek disciplinary accountability against those who retaliate, and provides the OSC with authority to file friend of the court briefs in support of whistleblower rights cases appealed from the administrative level;
  • create a pilot program to extend whistleblower protection to non-defense contractors.


The legislation will be considered at a business meeting of the Oversight and Government Reform Committee Thursday November 3rd at 9:30 a.m.

Given the retaliation that we have seen against such ATF whistleblowers as John Dodson, Vincent Cefalu, and Jay Dobyns, I think this legislation is an overdue step in the right direction.

Katie Pavlich of Townhall.com did a story a week and a half ago about ATF Agent Jay Dobyns who, after successfully infiltrating the Hell’s Angels, received death threats, threats against his family, and had his house burned to the ground. These threats were ignored by the then head of the Phoenix Field Division William Newell. When Dobyns filed a complaint, Newell retaliated against him. As Pavlich notes as to why this matters:

So why does this matter? Newell was the brainchild of Operation Fast and Furious in the ATF Phoenix Field office. Newell is also the agent who was in regular contact with a member of the White House national security team, Kevin O’Reilly, about the lethal program. Newell also said he would conduct Operation Fast and Furious again, despite two Americans and hundreds of innocent Mexicans dead as a result of the program.

Newell used Dobyns as a test run, to see just how much he could get away with in his management position within ATF before getting reprimanded. Considering nobody was held accountable for the mistakes made in handling death threats against Dobyns, Newell knew he had the green light to do whatever he wanted, at the highest levels of corruption. The Dobyns case empowered him. Newell was protected and defended for ignoring violent death threats against a federal agent, he had free reign to do what he wanted. This gave Newell everything he needed to get away with Operation Fast and Furious, which started in Fall 2009.

If Newell and Gillett had been reprimanded and/or fired when they should have been, we may never had a Project Gunwalker and Border Patrol Agent Brian Terry could well still be alive. That sounds like as good a reason as any to see HR 3289 pass and be signed into law.

Thirty And Growing

Rep. Connie Mack (R-FL) becomes the 30th Representative calling for the resignation of Attorney General Eric Holder due to Project Gunwalker.

Florida Republican Rep. Connie Mack became the latest congressman to demand that Holder step down, telling The Daily Caller late on Tuesday that “Eric Holder should resign Fast and Furiously!”

Mack is a high-profile political figure who entered Florida’s Republican primary for Senate last week. Mack’s decision to call for Holder to resign appears to signal that it’s politically popular.

His wife, Rep. Mary Bono Mack (R-CA) has also indicated she is “deeply concerned” about Holder’s involvment in Operation Fast and Furious but has not gone so far as to call for his ouster.

The other 29 congressmen include in order from most recent to oldest:

Rep. Walter Jones (R-NC)
Rep. Rodney Alexander (R-LA)
Rep. Andy Harris (R-MD)
Rep. Sam Graves (R-MO)
Rep. Louie Gohmert (R-TX)
Rep. Ted Poe (R-TX)
Rep. Paul Broun (R-GA)
Rep. Randy Hultgren (R-IL)
Rep. Stephen Fincher (R-TN)
Rep. John Culberson (R-TX)
Rep. Michael Grimm (R-NY)
Rep. Mike Coffman (R-CO)
Rep. Dan Burton (R-IN)
Rep. Allen West (R-FL)
Rep. Lynn Jenkins (R-KS)
Rep. Trent Franks (R-AZ)
Rep. Tim Huelskamp (R-KS)
Rep. Mike Pompeo (R-KS)
Rep. Duncan Hunter (R-CA)
Rep. Devin Nunes (R-CA)
Rep. Dennis Ross (R-FL)
Rep. Vicky Hartzler (R-MO)
Rep. John Mica (R-FL)
Rep. Quico Canseco (R-TX)
Rep. Gus Bilirakis (R-FL)
Rep. Joe Walsh (R-IL)
Rep. Raul Labrador (R-ID)
Rep. Blake Farenthold (R-TX)
Rep. Paul Gosar (R-AZ)

When Democrats start calling for Holder’s resignation, it will then become critical. As much as I’d like to see Holder gone now, I hope he sticks it out through 2012 so he becomes an electoral albatross around the neck of President Obama.

UPDATE: As I said in the headline – and growing. Four more Republicans have joined the call for Holder’s resignation. They are:

Rep. Thaddeus McCotter (R-MI)
Rep. Diane Black (R-TN)
Rep. Bob Latta (R-OH)
Rep. Kenny Marchant (R-TX)

There are other Congressmen who have expressed concern and displeasure with Attorney General Eric Holder who have not gone so far as to ask for his resignation. Rep. Steve Pearce (R-NM) had this to say:

At this point, it appears that a full scale cover up occurred, and Mr. Holder must answer the fundamental questions of what he knew and when he knew it, as should the White House staff who knew the details of ‘Operation Fast and Furious,’” Pearce said. “I would like to see the congressional investigation run its course and for Mr. Holder to show the veracity we rightfully expect from public officials.”

I find myself in agreement with Rep. Pearce’s call to let the investigation runs its course and to have Holder called to testify under oath which he is scheduled to do in December. If Holder resigns before the investigation is complete, it will lead to a call to stop the House Oversight and Government Reform Committee hearings and the complete scale of scandal will be hidden from public view. Given that building a rationale for more gun control seems to have been the impetus behind Operation Fast and Furious, the hearings need to continue.

Remington 870 On Gun Stories

The Outdoor Channel’s Gun Stories returns to discuss the Remington 870 pump shotgun. It is the best selling shotgun in history with over 10 million sold.

In the battle over which modern pump shotgun is better, I am torn between the 870 and the Mossberg 500/590. With its twin rails, the 870 is smoother and probably more reliable. However, I find the tang safety on the Mossberg more user friendly. My first shotgun, a 12-gauge full choked shotgun made by Savage for a hardware chain, had the tang safety and it could be I just got used to that.

UPDATE: I can’t get the embedded video to play and I’m working on that.

Just Deserts For Righthaven

Copyright troll Righthaven, LLC is now facing its just deserts. Yesterday, a Writ of Execution was issued against it and U.S. Marshals are authorized to use “reasonable force” to collect a judgement against it. The judgement was a result of an award of attorney fees to a defendant by Judge Philip Pro of the U.S. District Court for Nevada after he dismissed a suit brought by Righthaven against Wayne Hoehn.

Righthaven attempted to delay the proceedings by appealing to the 9th Circuit Court of Appeals but they missed the deadline for filing its opening brief in the case. They blamed missing the deadline on a “misunderstanding” but the court refused to grant them an extension.

According to the website Ars Technica:

The appeals court has refused to act on Righthaven’s request to delay its August judgment further, and the money was due last Friday. When it didn’t show up, Randazza Legal Group went back to the Nevada District Court to request a Writ of Execution to use the court’s enforcers, the US Marshals, to collect the money. The court clerk issued the writ today, and Righthaven’s $34,045.50 judgment has now ballooned to $63,720.80 with all the additional costs and fees from the delay.

I spoke to Marc Randazza this evening, who tells me, “We’re going to enlist the US Marshal in marking sure this court’s order has some meaning.” He looks forward to heading over to Righthaven’s offices as soon as possible. Should Righthaven not have the cash in its bank accounts, the writ allows Randazza to “identify to the US Marshal or his representative assets that are to be seized to satisfy the judgment/order.”

Frankly, I hope that more of those sued by Righthaven go back to court to obtain judgements against them. Moreover, I hope that smart lawyers find a way to pierce the corporate veil and go after Steve Gibson and his personal assets. As Righthaven is his brainchild, that indeed would be just deserts.

William The Coroner, RIP

William the Coroner, gun blogger, forensic pathologist, and cat lover passed away yesterday at his home in northern Ohio. I had the opportunity to meet and chat with him in Pittsburgh at the Gunnie After-Prom that Breda put on during the NRA Annual Meeting.

William the Coroner was only 43. As Chance noted today about feeling old, “And here I was not fretting about being over the hill when life smacked me right up side the head with a dose of mortality.” He was referring to his father’s heart attack. It could apply just as well to the passing of William the Coroner.

For William:

No man is an island,
Entire of itself.
Each is a piece of the continent,
A part of the main.
If a clod be washed away by the sea,
Europe is the less.
As well as if a promontory were.
As well as if a manor of thine own
Or of thine friend’s were.
Each man’s death diminishes me,
For I am involved in mankind.
Therefore, send not to know
For whom the bell tolls,
It tolls for thee.

John Donne
Meditation 17
Devotions upon Emergent Occasions

H/T Sean and New Jovian Thunderbolt

So Is Asst AG Lanny Breuer The Next Fall Guy?

Assistant Attorney General Lanny Breuer admitted in a statement released this afternoon that he knew of both Operation Wide Receiver and Operation Fast and Furious as early as April 2010.

Today, Breuer issued a statement saying he “regrets” that he didn’t alert others in Justice Department leadership, apparently including his boss Attorney General Eric Holder.

In a separate ATF case reported by CBS News earlier this year, called “Fast and Furious” and started under the Obama Administration, Breuer says he likewise regrets not alerting leaders about the similarities in the cases. That, said Breuer, was a mistake.

Given the increasing number of Representatives calling for Attorney General Eric Holder’s ouster as well as the new ad campaign from the NRA, my surmise is that this is an effort to deflect attention away from Holder. It appears to me that Breuer is willing to take the fall in order to protect those higher up in the food chain. It would be interesting to know what perk or promise he is being given in exchange for being the designated fall guy.

I think a pattern is developing in which mid-level officials are taking the hit in order to protect Holder and eventually President Obama. First you had former US Attorney for the District of Arizona Dennis Burke and Acting ATF Director Ken Melson take blame and now you have Assistant AG Lanny Breuer do the same thing. At the rate this is going, the Administration is going to run out of successively more important fall guys. However, it won’t be for a lack of trying on their part.

UPDATE: Katie Pavlich of Townhall.com writing today about Breuer’s sudden acknowledgement of knowing about Operation Fast and Furious:

Breuer’s testimony and statements about “not making connections” between two separate but similar gunwalking programs and his claim he never told Attorney General Holder about his concerns or Fast and Furious at all, raise new questions.

Why is Breuer coming out with these revelations now? The House Oversight Committee Investigation into Fast and Furious has been going on for months, yet Breuer all the sudden regrets not sounding the alarm about the dangers of gunwalking when Operation Fast and Furious started in the Fall of 2009? While claiming he never told Attorney General Eric Holder about the program? Although Breuer claims he personally never told Holder about the tactics being used in Fast and Furious, five detailed memos about the lethal program dated July and August 2010 were addressed directly to Holder. Despite Breuer’s testimony, the question of “who authorized Fast and Furious,” remains unanswered.

It looks like someone, Assistant Attorney General Lanny Breuer, is falling on a sword, and that sword happens to be Eric Holder’s.

Washington State Appellate Court Upholds Ruling Saying Seattle Can’t Ban Guns In Parks

The Second Amendment Foundation was handed another win today in the Washington State Court of Appeals for District 1. The court unanimously upheld a King County Superior Court ruling that said a City of Seattle ban on guns in city parks was invalid.

The Second Amendment Foundation continues to secure gun rights one lawsuit at a time!

Their release on the win is below.

APPEALS COURT UPHOLDS SAF VICTORY IN LAWSUIT V. SEATTLE PARKS GUN BAN

For Immediate Release: 10/31/2011

BELLEVUE, WA – The Washington State Court of Appeals for Division 1 today unanimously upheld a 2010 King County Superior Court ruling against the City of Seattle’s ban on firearms in city parks in a lawsuit originally brought by the Second Amendment Foundation, other gun rights groups and five individual plaintiffs.

SAF Executive Vice President Alan M. Gottlieb said he had always been confident that the Appeals Court would rule “in favor of the law and against the attempt by Seattle to dance around it.”

“We told former Mayor Greg Nickels he was wrong,” Gottlieb said, “and we have reminded the city under Mayor Mike McGinn that it was wrong, and now the Appeals Court has confirmed our position.”

SAF was joined in the lawsuit by the Citizens Committee for the Right to Keep and Bear Arms, the National Rifle Association and Washington Arms Collectors.

Writing for the Court, Presiding Chief Judge Ann Schindler noted, “We hold that under the plain language of RCW 9.41.290 and RCW 9.41.300, the city’s attempt to regulate the possession of firearms at designated park areas and park facilities open to the public by adopting the Firearms Rule is preempted by state law.”

“This is not only a victory for the citizens of Washington State,” he said, “but also for the State Legislature, which had the wisdom in 1983 and 1985 to pass and strengthen our preemption statute. This law has become the model for other state statutes across the country.

“The ruling is also an affirmation of Judge Catherine Shaffer’s original trial court ruling last year,” he continued. “She had the foresight to include observations about our state constitutional right to bear arms but also the Second Amendment.

“Now that the Second Amendment has been incorporated to the states through our victory in McDonald v. City of Chicago,” Gottlieb concluded, “it is going to be impossible for anti-gun politicians in the Evergreen State to defy our preemption statute and our constitutional rights. Such local rules and ordinances are illegal, and now they know it for sure.”