Dave Kopel On The Second Amendment In 2013

Attorney and law professor Dave Kopel was interviewed about the Second Amendment for the Cato Institute Daily Podcast last week. Much of what he says about the presidential power to use executive orders is increasingly relevant given President Obama’s press conference today. In the press conference Obama didn’t rule out the use of executive orders for gun control.

As Kopel points out, Obama would have broad powers to impact imports under the Gun Control Act of 1968 but less power domestically. Kopel does touch upon the reclassification of existing rifles to put them under the purview of the National Firearms Act by the use of executive order.

Obama On Guns At Press Conference

President Obama had his last press conference of his first administration this morning. Among the questions asked was one by ABC News’ Jonathan Karl. Karl specifically asked Obama “what are you willing to do, or able to do, using the powers of your presidency to act without Congress?”

Obama responded with mention of improvements in data collection and tracking. He then said the administration would be pushing legislation that was “common-sense” dealing with regulation and “gun safety”. He consistently tried to use the words “common-sense”, “sensible”, and “responsible” throughout his answers. He also accused his opponents of trying to fan the fears about gun control.

One thing I think we will be seeing from both the administration and the gun prohibitionist groups is an effort to equate gun control with gun safety. Obviously they are not one and the same but you would never know that from listening to Obama. Moreover, and you won’t hear it from them, but that group “fanning the fears” does more for gun safety through the Eddie Eagle program and other training programs than any of them will ever do.

The video from the press conference is below:

Media Misinformation

Cam Edwards fisks a recent NBC Today Show episode with Matt Lauer in the YouTube video below. Lauer was aghast that someone would publish personal information of the publisher, editor, and staff of the Journal News. You will recall that this is the newspaper that thought every pistol permit holder in a two county area – including retired police officers and domestic violence victims – should have their name and address linked to an interactive Google map. It looks like burglars have also used the list to target at least one home owner to steal firearms.

This is a short video but Cam does an excellent job in pointing how Lauer sets the tone and then how the panel tries to marginalize gun owners as some strange and exotic breed of American.

Magazine Versus Clip

Greg Hickok – Hickok45 on YouTube – has come out with a short video showing the differences between a clip and a magazine. You wish this would be required viewing for every journalist or politicians who decides to opine about banning “high capacity assault clips” in the wake of the Newtown shootings. As Greg says in the video, he doesn’t know of any clips that hold more than 10 rounds.

This would also be a good video to share with your newbie shooter friends who may have rushed out to buy a firearm for the first time in the last month or so. It will help them learn the correct terminology and feel a little less like a neophyte.

Not Just Walmart Should Be Called

Walmart was the largest of the retailers invited (or summoned as the case may be) to meet with Vice-President Joe Biden’s “gun violence” (sic) task force. A number of other large firearms/sporting goods retailers were at the same meeting with Attorney General Eric Holder held on this past Thursday. It is my understanding that the National Shooting Sports Foundation had requested to be at the same meeting as they represent many independent gun shops but the request was refused.

They included:

Academy Sports and Outdoors
Bass Pro Shops
Big 5 Sporting Goods
Cabela’s
Dick’s Sporting Goods
Dunham’s Sports
Gander Mountain
Sportsman’s Warehouse
Wal-Mart
National Retail Federation

Sen. Chuck Schumer has announced he is contacting them to “voluntarily” stop selling semi-automatic rifles with bad cosmetics while Congress debates a new assault weapon (sic) ban. As Schumer notes:


“Since the Sandy Hook shooting, the sales of assault weapons are skyrocketing,” Schumer (D-N.Y.) told The News.

“We have no idea how many people [buying the guns] are mentally ill, or how many are felons,” he continued. “If Congress passes measures to reduce availability of these weapons, those efforts could be undermined by the purchase of thousands of weapons before then.”

Just like it has been suggested that we call Walmart and express our concerns lest they think it is in their best interest to screw gun owners, I’d suggest we call the rest of the retailers on this list. If Schumer can contact these companies, then there is no reason that we as consumers shouldn’t as well. I have assembled contact information for all of these companies as well as other relevant information.

When you call be respectful and polite but be firm in your stance. You don’t need to argue but merely state your case. Make sure the company knows that you’ll refuse to do business with them in the future if they cave to pressure from the Obama Administration on guns. This is different than a corporate decision decides to stop selling a product due to the profit margins.

Academy Sports and Outdoors

Customer Service: 888-922-2336
Corporate Offices: 281-646-5200
Kevin Chapman is Sr. VP for Store Operations 

Academy’s headquarters is located in Katy, TX. They were bought by buyout firm Kohlberg, Kravis and Roberts in 2011. Academy has 131 stores in 11 states. They hold 145 FFLs.

Bass Pro Shops

Customer Service: 800-227-7776
Corporate Offices: 417-873-5000

Johnny Morris is the founder of Bass Pro Shops which is headquartered in Springfield, MO. I suggest contacting Larry Whiteley, Manager of Communications at 417-873-5022. His email is lwhiteley@basspro.com. He heads their public relations staff. Bass Pro Shops holds 53 FFLs.

Big 5 Sporting Goods

Customer Service: 800-898-2994
Corporate Offices: 310-536-0611

Big 5 is headquartered in El Segundo, California. Steven Miller is the CEO. Shane Starr is Sr. VP for Operations. Big 5 is a publicly traded company (BGFV) which trades on the NASDAQ Exchange. They have 413 stores in 12 western states. They hold 389 FFLs.

Cabelas

Customer Service: 800-237-4444
Corporate Offices: 308-254-5505

Cabelas is headquartered in Sidney, Nebraska. They have 40 destination stores in 23 states and 3 Canadian provinces. Thomas Millner, former CEO of Remington and the Freedom Group, has been CEO of Cabelas since 2009. Scott William is the Ex. VP and Chief Marketing Officer. Joe Arterburn is Corporate Communications Manager (308-255-1204) Cabelas is a publicly traded company (CAB) and trades on the NY Stock Exchange. They hold 31 FFLs.

Dick’s Sporting Goods

Customer Service: 877-846-9997
Corporate Office: 724-273-3400

Dick’s Sporting Goods is headquartered in Corapolis, PA. They are publicly traded on the NY Stock Exchange under the symbol DKS. Edward Stack is the CEO and Lauren Hobart is the Chief Marketing Officer and Sr. VP. Dicks has 511 stores in 44 states. They hold 470 FFLs.

On December 18th, Dick’s caved to the perceived pressure after the Newtown shootings and “suspended” sales of all AR-15s in their stores. They also cancelled the pre-orders for the special AR-15 made just for them by Troy Defense. I would suggest calling the corporate offices and letting them know what you think of their corporate cowardice.

Dunham’s Sports

Corporate Offices: 248-674-4975


Email Link

Dunham’s is a sporting goods chain that is primarily in the Mid-West. They are headquartered in Waterford, Michigan and have 180 FFLs.

Gander Mountain

Customer Service: 888-542-6337
Corporate Offices: 651-325-4300

Gander Mountain is headquartered in St. Paul, Minnesota and has their customer service operation in Greenville, North Carolina. They have 113 stores in 23 states. They also own Overton’s, Gander Mountain Acadmey, and 3 Forks Ranch. David Pratt is Chairman of the Board and Interim CEO while Steven Uline is the Ex. VP for Marketing. They hold 114 FFLs.

Sportsman’s Warehouse

Customer Service: 800-286-3076
Corporate Offices: 801-567-1000 

Sportman’s Warehouse is headquartered in Midvale, Utah. They operate 32 stores in 17 states. Karen Seaman is their Chief Marketing Officer. She can be reached at 801-566-6681 or by email at kseaman@sportsmanswarehouse.com. They have 32 FFLs. 

Sports Authority 

Customer Service:  800.360.8721
Corporate Offices:  303-200-5050

Sports Authority is headquartered in Englewood, Colorado. It has 465 stores in 45 states. The CEO is Darrell Webb who until recently ran Jo-Ann Stores. Greg Waters is the Ex. VP for Merchandising and supervises store operations. They have 169 FFLs which means only about one-third of their stores carry firearms.

Subtle Reminder From Sharyl Attkisson

The lead story on this morning’s CBS Sunday Morning was a report by Sharyl Attkisson about bribes and corruption within the US Customs and Border Protection. Narco-terrorists and illegal immigrant smugglers have been targeting CBP agents in an effort to have them turn a blind eye to smuggling of both drugs and humans. Since 2004, there have been 358 convictions of Customs and Border Patrol employees and their associates for this. Of course this is an important story and I’m glad Sharyl is on it.

However, that is not what I want to discuss. Instead it is a rather subtle reminder – intentional or unintentional – that was embedded in the story about Project Gunwalker. Just before a graphic came up showing the DHS Office of Inspector General’s report on the corruption convictions, the camera focused for approximately three seconds on the sign below.

Sharyl and her producers could have used any Border Patrol Station between Imperial Beach, California and Brownsville, Texas or any Ports-of-Entry from San Ysidro, California to Brownsville, Texas. Rather they chose the one Border Patrol Station that would remind observant viewers of Operation Fast and Furious. I can’t believe this is just a coincidence.

As it is, the Brian A. Terry Border Patrol Station is a constant reminder that Border Patrol Agent Brian Terry was killed in the line of duty with firearms that were allowed to be smuggled to Mexico by the Department of Justice and its Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is also a reminder that while his killers have pled guilty to his murder, the Obama Administration is still sitting on thousands upon thousands of documents that may well point to complicity in the operation by those at the highest levels of the Justice Department. Finally, it is a reminder that BATFE managers such as former Phoenix FD SAC Bill Newell and his ASAC George Gillett still haven’t been fired and/or indicted for their role in this affair.

Thank you Sharyl for this reminder lest we forget.

GRNC On Hagan’s Uncessary Infringements

As I wrote on Thursday, the form letter from Sen. Kay Hagan (D-NC) prattled on about “traditions of hunting”, “common-sense debates”, and how it was important that we not “unnecessarily infringe on the legitimate Second Amendment rights”.  Grass Roots North Carolina caught that “unnecessarily infringe” bit as well and has released an alert on it.

If you are a North Carolinian, I would urge you to read this and act. The Complementary Spouse and I have already sent in this message and will be calling on Monday.


Thousands of GRNC members have recently received a form letter from Sen. Kay Hagan (D-GRNC *) in response to concerns about the Obama/Biden/Feinstein anti-gun attack that is currently underway in Washington, DC.

In a painful attempt to appear supportive of our rights without actually supporting them, she has succeeded only in making it clear that her position needs significant correction. She writes,

“it is important that we not unnecessarily infringe on the legitimate Second Amendment rights of responsible gun owners”

The Senator apparently does not appreciate that government cannot infringe upon fundamental liberties whether it is deemed “necessary” or not. It is also troubling to note she believes there are “legitimate” Second Amendment rights, which of course implies that some “illegitimate” ones also exist. Which ones are these?

She completes a trifecta of Second Amendment misunderstanding by raising her family’s “long tradition of hunting”. Grandpa’s side-by-side shotgun isn’t of much use against tyranny, is it?

HAGAN CAN’T HIDE HER LUKEWARM TREATMENT OF GUN RIGHTS

Sen. Hagan’s prior votes have earned her a GRNC “one star” evaluation, consistent with voting with gun owners 62% of the time. This is not a person we can be confident about protecting our interests in the largest battle to maintain gun rights in a generation. Hagan needs an attitude adjustment, and needs it now!

IMMEDIATE ACTION REQUIRED!

Email AND call Sen. Hagan.

Call Sen. Hagan Monday, January 14th between 9 am and noon. If unable to call during these times, call when you can: 202-224-6342
Remind the Senator: the Second Amendment confirms and protects a fundamental liberty.
The right to keep and bear arms is not subject to perceived “needs”.
These rights SHALL NOT BE INFRINGED!
Bans, limits, registration schemes and all other gun-related restrictions currently being “floated” are UNACCEPTABLE!
North Carolina gun owners will tolerate NO COMPROMISE!

CONTACT INFO

Email Sen. Hagan using her webform: http://www.hagan.senate.gov/contact/

DELIVER THIS MESSAGE

Suggested Subject: “No Compromise on ‘Obama Gun Ban'”

Dear Senator Hagan:

The Second Amendment confirms a fundamental liberty of North Carolinians to keep and bear arms. The need for this right is made clear within the Amendment itself: the “security of a free state” depends upon it. We have unfortunately seen how this is true following repeated attacks upon defenseless citizens within “Gun Free Zones” where these rights have been unconstitutionally usurped.

The right to bear arms has nothing to do with hunting or sports, it is necessary for defense of life, liberty and property. Such defense clearly requires effective, non-obsolete, militarily-relevant weapons. Thus, North Carolinians will tolerate no compromise with bans or restrictions of semi-automatic rifles, pistols or of magazine capacity.

You are free to pursue better management of the violently insane, and are encouraged to repeal the dangerous “Gun Free School Zones Act” of 1996. Any other cooperation with Obama/Biden/Feinstein proposed gun control is unacceptable. There can be no compromise with these anti-freedom plans.

Sincerely,

An Idea So Off The Wall It Just Might Work

Gun control pushing politicians and their media supporters usually know squat about firearms. Most have seen the clip where Rep. Carolyn McCarthy (D-NY) when asked what a “barrel shroud” was, answered she thought it was a “shoulder thing that goes up.”

In this vein, Frank J. Fleming has a suggestion about new gun control laws. Make them “pretend gun control”.

What we can do is pass a law banning a bunch of made-up things that
sound scary, and many gun control proponents already have great ideas
along this line. For instance, I read a column
in which Howard Kurtz mentioned a ban on high-magazine clips — we can
certainly do without something that nonsensical. And I’ve heard the
press before mention armor-piercing hollow points and plastic guns
(actually, I think we already banned that made-up weapon in the ’80s).
And as long as the NRA and Wayne LaPierre go apoplectic about it (“This
ban on sorcerer-enchanted guns is just a slippery slope toward
eliminating all witch-hexed weaponry!”), gun control proponents won’t
know the difference between this and actual gun control. And this will
help protect our most vulnerable people out there: politicians. Because
long after the gun control advocates move on to other things, like who
they want to tax next, gun owners will still be annoyed by any actual
gun control legislation. One of the greatest fears politicians have is
seeing an angry guy with lots of guns charging down the street, because
they know he’s probably on his way to commit an act of voting.

You know this idea is so off the wall that it just might work. While my preference is for no law, banning made up stuff just might satisfy those clamoring that “we must do something”.

A Week’s End Tab Clearing

Sometimes there isn’t enough time and energy to write about all the stuff you come across. I guess I should do tab clearing posts more often but that would take time and energy. Nothing like a tautology to being the weekend!

Let’s start off with something to make you smile and a good reason that politicians should always register domains that have their name in them. Dimitrios Karra of Ares Armor, a gun parts and accessories store, has registered the domain SenatorFeinstein.com which will be a pro-gun site.

In other good news, the Sportsman’s Channel will now be broadcasting NRA New’s Cam & Co. live every weekday from 5-6pm EST beginning January 15th. This will help broaden the reach of pro-gun rights news. As Cam said about this move on his Facebook page, “It took 20 years, but I can now say I’ve gone from cable access to a national cable broadcast!” Congratulations and good luck to Cam on this venture.

In guns are icky news, the California State Teachers’ Retirement System, a $155 billion pension system, said they will divest all their investments in firearms companies. They have stock in Ruger and Smith and Wesson as well as an investment in Cerberus Capital Management. Their investment totals $11.7 million or 0.00754 percent of their total holdings.  

Michael Z. Williamson’s “We need to regulate cars the way we regulate guns” has been making the rounds. He discusses things like the Car Dealer Loophole which allow individuals to sell their cars privately without going through a Federal Automobile Licensee who would conduct a background check through the Federal Bureau of Motor Vehicles.


In an editorial published yesterday in Investor’s Business Daily, IBD calls the response by the Obama Administration to Newtown “panicked gun control” that won’t stop the violence. As they note, “
Rushing to enact the left’s longtime dream of unconstitutional gun
control will not save lives. National gun databases would not have saved
the victims in Newtown, Aurora or Columbine.”

One of the things that reported the Obama Administration is eying is the use of Executive Orders to implement gun control measures. Joe Biden said as much but this article in the Washington Times points out that this is easier said than done.

Writing in the National Review Online’s The Corner, Charles C. W. Cooke argues that there is no way that Biden’s Gun Violence (sic) Task Force can make any meaningful recommendations about violence where firearms are involved. As he notes, ” But if you are earnestly concerned by America’s gun violence, and you
are of the view that a concerted effort could actually diminish its
frequency, then I’d presume that you might consider just a fortnight’s
work on the problem to be somewhat insulting.”

Cooke is referring to the announcement by Joe Biden that his task force will deliver its recommendations this coming Tuesday. Biden says that a consensus is emerging to have universal background checks and ban standard capacity magazines. I guess when you start calling gun prohibitionists by the Orwellian term “gun safety groups”, you can define consensus any way you want.

Dr. Janet Rosenbaum tries to argue that we should not use the examples of Israel and Switzerland as evidence that armed societies are less violent. Finen Respice shoots holes in her arguments here and her use of flawed statistics. The New York Times last Sunday tried to make similar arguments that more guns equals more killing using international gun control group IANSA and Harvard anti-gun researcher David Hemenway as their sources. They were examining cartel riddled Central and South America as their examples.

In a sign that Vanity Fair should stick to covers of nude pregnant women and who is the best dressed at the Oscars, they ran an article by Kurt Eichenwald suggesting that the Second Amendment be repealed. No offense against Mr. Eichenwald but his very name conjures images of black-shirted Nazi SS troopers kicking down doors after guns. I will say I do like the picture they used to illustrate the article – a classic Vietnam War era M-16 with a pencil barrel, triangular handguards, and no forward assist.

If you are like the millions who head to the coast of South Carolina in the summer for the beach and the sun, here is some good news. Horry County, South Carolina which is home to Myrtle Beach is looking at zoning changes to make the establishment of shooting ranges easier.

Finally, if you believe the AR-15 it too dangerous for the average person to own, then you should read this. It might make you feel better that the White House is having to do damage control over a report in the New York Times that the administration doesn’t realistically believe a new AWB is feasible. Just this once, I hope the Times is correct.