Month: January 2016

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NRA Response To Obama’s Executive Actions

January 5, 2016 by 1 Comment

While the gun prohibitionists are declaring victory due to President Obama’s Executive Actions – and who knew it would take so little to satisfy their demands – gun rights groups have also responded. They don’t have such sanguine expectations that these “tweaks” will do much to combat either terrorism or crime.

Below is the response of NRA-ILA Executive Director Chris Cox which is followed by a just released video of Wayne LaPierre speaking on background checks.

Fairfax, Va. – The executive director of the National Rifle Association’s Institute for Legislative Action, Chris W. Cox, released the following statement on Tuesday regarding President Barack Obama’s Executive Gun Control Order:

Once again, President Obama has chosen to engage in political rhetoric, instead of offering meaningful solutions to our nation’s pressing problems. Today’s event also represents an ongoing attempt to distract attention away from his lack of a coherent strategy to keep the American people safe from terrorist attack.

The American people do not need more emotional, condescending lectures that are completely devoid of facts. The men and women of the National Rifle Association take a back seat to no one when it comes to keeping our communities safe. But the fact is that President Obama’s proposals would not have prevented any of the horrific events he mentioned. The timing of this announcement, in the eighth and final year of his presidency, demonstrates not only political exploitation but a fundamental lack of seriousness.

The proposed executive actions are ripe for abuse by the Obama Administration, which has made no secret of its contempt for the Second Amendment. The NRA will continue to fight to protect the fundamental, individual Right to Keep and Bear Arms as guaranteed under our Constitution. We will not allow law-abiding gun owners to be harassed or intimidated for engaging in lawful, constitutionally-protected activity – nor will we allow them to become scapegoats for President Obama’s failed policies.

NRA News released this video of Wayne LaPierre speaking about the deficiencies of the current background checks. As he says, you don’t need to cast a bigger net – just one with smaller holes.

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People Ask The Most Embarrassing Questions

January 5, 2016 by

Unlike scripted townhalls scheduled for CNN, when it comes to government agencies and social media embarrassing questions do get asked.

A case in point. The Bureau of Alcohol, Tobacco, Firearms, and Explosives maintains a Facebook page. They posted a number of links late last night to the new rules being promulgated as the result of President Obama’s Executive Actions. There was one about the elimination of the CLEO signoff and another about Rule 41-P and responsible persons needing background checks. My favorite, however, was their guidance about when a Federal firearms license was needed. Someone named Bre Ve asked a question that you know they would rather ignore.

Reading the comments, it appears that a Becky Solis objected to the question. The commenters had good Google-fu and found out that she was none other than an area supervisor in the Denver Field Division. Her comment objecting to Ms. Ve’s question has, of course, been deleted.

Good on Bre Ve for asking the question of the day and for the commenters in exposing Ms. Solis.

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On The HIPAA Exclusion

January 5, 2016 by 2 Comments

Someone at the Department of Health and Human Services jumped the gun earlier today on the Executive Action on the HIPAA exclusion to the states on mental health records. The screen cap below is from Google cache thanks to a post on Arfcom. It was put up and then taken down soon after posting.

The final rule is scheduled to be published in the Federal Register on Wednesday, January 6th. The full 56 page rule is now online and can be examined here.

The rule summary states that the following are persons subject to the GCA 68 mental illness prohibition.

Among the persons
subject to the Federal mental health prohibitor
established under the Gun Control Act of
1968 and implementing
regulations issued by the Department of Justice
(DOJ)
are
individuals who have been involuntarily committed to a mental institution; found
incompetent to stand trial or not guilty by reason of insanity; or otherwise have been
determined by a court, board, commission, or other lawful authority to be a danger to
themselves or others or to lack the mental capacity to contract or manage their own
affairs, as a result of marked subnormal intelligence or mental illness, incompetency,
condition, or disease.

This seems to me to expand the 18 U.S. Code § 922(d)(4) prohibition which only states “has been adjudicated as a mental defective or has been committed to any mental institution”. Other lawful authority is very broad and does not seem to take due process into account. If they are indeed expanding the legal definition, I fully expect that this will be challenged in the courts as it well should. While no one wants a truly mentally ill or defective person to have a firearm, this is a real slippery slope in my opinion.

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What To Expect Tomorrow From Obama

January 5, 2016 by 3 Comments

This afternoon President Obama met with Attorney General Loretta Lynch, Deputy Attorney General Sally Yates, BATFE Deputy Directory Tom Brandon, and FBI Director James Comey to discuss his plans for more gun control. About an hour ago, the White House released a “Fact Sheet” outlining his Executive Actions. The full document can be read here.

Here are the highlights as I’ve summarized them.

  1.   Expanding the definition of who will be considered a dealer in firearms. Key factors that will be considered is if you advertise on the Internet, have formal business cards, rent tables at gun shows, and the number of firearms sold.


  2.   BATFE will finalize Rule 41-P which will force background checks and chief law enforcement officer checkoffs on trusts and corporations.


  3.   Expanding the NICS operating hours to 24/7, hiring of 230 new personnel, and notification to local law enforcement when a prohibited person attempts to purchase a firearm. 


  4.   Attorney General Lynch will urge the states to submit complete criminal histories.


  5.   Federal prosecutors will be urged to “continue to focus on smart and effective enforcement of our gun laws.”


  6.   BATFE will be budgeted for 200 more Special Agents and Industry Investigators in FY2017.


  7.   BATFE will establish an Internet Investigation Center to track illegal online firearms trafficking.


  8.   BATFE will devote $4 million to enhance the National Integrated Ballistics Information Network. 


  9.   FFLs must notify BATFE if firearms are lost or stolen in shipment.


  10.   US Attorneys will be encouraged to “renew domestic violence outreach efforts”.


  11.   $500 million to increase access to mental health treatment.


  12.   Social Security Administration will begin reporting recipients who have a financial guardian to the NICS system.


  13. Depart of Health and Human Services will instruct states that HIPAA doesn’t apply when reporting mental health issues.


  14. DOD, Justice, and Homeland Security will conduct or sponsor smart gun research.


  15. All other departments are instructed to review the availability of smart gun technology on a regular basis and promote it.

Sebastian at Shall Not Be Questioned has his take on these Executive Actions. He finds it a less ambitious and bold than he was expecting.


UPDATE: Charles Cooke at National Review has an excellent analysis on these gun control moves by Obama.

Further, he will have set no meaningful precedents whatsoever. In other words: Even if he wins this round, he will have done precisely nothing of merit — except perhaps to have pleased his base and to have convinced the most ignorant parts of the electorate that he has finally stuck his finger into the NRA’s eye. Were these serious measures, I would be squealing. Instead, I’m amused. These are the dampest of squibs.

Read the whole thing. It is worth a few minutes your time.

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IWI Galil Ace (GAP39) Recall

January 4, 2016 by

In an effort to be safe rather than sorry when dealing with BATFE intepretations, IWI is recalling their Galil Ace (GAP39) pistol. The issue is that its receiver has a 3-pin (holes) fire control group construction and the BATFE thinks that this by definition makes it a machine gun. Go figure.

The full press release and where to return the pistols is below:

Galil ACE (GAP39) RECALL

IWI US is conducting a recall of all Galil ACE (GAP39) pistols that have a receiver with a 3-pin (3-hole) fire control
group construction. While these pistols cannot fire automatically, BATF&E has historically held that AK type
receivers with 3-pin (3-hole) fire control groups are, by definition, machine gun receivers.

Accordingly, all owners (FFL Dealers or Consumers) of a GAP39 pistol must return their firearms to IWI US, Inc.
immediately for either a full refund or you can opt for replacement with a 2-pin (2-hole) pistol within 90 to 120 days.

FFL Dealers and/or Consumers must include a copy of an invoice or receipt with the returned firearm. IWI US cannot
issue a refund without a receipt.

There are no safety issues involved with this recall.

FFL Dealers and Consumers should contact IWI US, Inc. at (717) 695-2081, email recall@iwi.us or write the
company at:

IWI US, Inc.
Attn. GAP39 Recall
P.O. Box 126707
Harrisburg, PA 17112

IWI US, Inc. will issue a Return Authorization number (RA#) and will issue a “Call Tag” for UPS to pick up the
firearm(s) at no cost to the FFL Dealer or Consumer. Returned firearms must have a RA# or they will be refused.
Please allow up to 4 weeks to receive your refund.

A picture of the Galil ACE pistol can be seen on page 7 of IWI’s US catalog.

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“Feral Urchins” Are Stealing Shotguns In England

January 4, 2016 by 4 Comments

There have been a rash of burglaries in the countryside surrounding the English city of Liverpool. The thieves have been targeting farmers and wealthy landowners for their legally-owned shotguns. According to Detective Chief Superintendent Paul Richardson (no relation), shotguns are the weapon of choice of these, in his words, “feral urchins” for settling disputes.

Shotguns were responsible for two of the city’s most high-profile murders – the Eldonian Village killing of 16-year-old Lewis Dunne and the fatal attack on Vinny Waddington, in Garston, last July.

Detective Chief Superintendent Richardson told the ECHO: “I’m not convinced these kids are totally aware of the capacity of that firearm{shotgun}.

“They see it as some sort of air weapon, but it is a lethally-barrelled firearm that has the capacity to kill.

“These urchins are using these weapons oblivious to the consequences, going round with weapons with the idea to resolve disputes by discharging it through windows.”

The UK requires shotgun owners to keep their legally-owned shotguns secured in locked cabinets which can be inspected by police at any time.

Shotguns have been used in about half the shootings in the Merseyside (Liverpool) area in the past 12 months. The other most common firearm is the 9mm Glock pistol which has been banned from possession by the average Briton for years.

The Merseyside police have given no information where the “feral urchins” are obtaining Glock pistols.

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Make Your Voice Heard At NC Wildlife Commission Hearings

January 4, 2016 by 1 Comment

The North Carolina Wildlife Resources Commission will start its yearly round of public hearings on proposed rule changes for fisheries, game lands, hunting, and other issues. The commission will start their hearings on Tuesday in Bladen County and conclude them on January 21st in Rocky Mount. Hearings will be held in all nine districts.

Among the proposed regulations are the opening of an elk season and an alligator season. Some of the proposed regulations are to bring them into compliance with state law. There is one proposed regulation that has gun rights implications. The text of the proposed regulation deals with US Army Corps of Engineers managed properties that are enrolled in the NC Game Lands program.

On Butner-Falls of Neuse,
Jordan, Kerr Scott and Vance game lands, no person shall possess loaded firearms, ammunition, bows and arrows,
crossbows, or other weapons except as provided in the Code of Federal Regulations, Title 36, Chapter III, Part 327.13.

That section of the Code of Federal Regulations prohibits the possession of loaded firearms unless you are law enforcement, hunting, at a target range, or have written permission from the District Commander. This was the issue in Nesbitt v. USACE which was a win at the District Court level but was appealed by the government to the 9th Circuit.

Written public comments can be submitted until January 25th. The comment form is located here. Personally, I’d wait to make my comment until the wording of the proposed regulations are released.

The schedule and location of the hearings is below:

The schedule for the 2016-17 public hearings is below. Public hearings begin at 7 p.m.
DATE
DISTRICT
CITY
LOCATION
Jan. 5 
(Tues.)
4
Dublin
Bladen Community College
Auditorium 
7418 N.C. Hwy. 41W
Dublin, N.C. 28332
Jan. 6 
(Wed.)
5
Graham
Southern Alamance High School
631 Southern High School Road 
Graham, N.C. 27253
Jan. 7 
(Thurs.)
6
Norwood
South Stanly High School
40488 South Stanly School Rd. 
Norwood, N.C. 28128
Jan. 12 
(Tues.)
9
Clyde
Haywood Community College
Auditorium
185 Freelander Drive
Clyde, N.C.
Jan. 13 
(Wed.)
8
Morganton
Western Piedmont Community College
Leviton Auditorium, Moore Hall
1001 Burkemont Ave.
Morganton, N.C. 28655
Jan. 14 (Thurs.)
7
Elkin
Elkin High School
334 Elk Spur Street
Elkin, N.C. 28621
Jan. 19
(Tues.)
1
Edenton
Swain Auditorium
200 E. Church St.
Edenton, N.C. 27932
Jan. 20
(Wed.)
2
New Bern
Craven Community College
Orringer Auditorium
800 College Court
 New Bern, N.C.  28562
Jan. 21
(Thurs.)
3
Rocky Mount
Nash Community College
Brown Auditorium
454 N. Old Carriage Road
Rocky Mount, N.C. 27804
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New Year’s Resolutions

January 2, 2016 by 3 Comments

Given that Hillary Clinton thinks the National Rifle Association is one of the enemies that she is most proud of, it is good to see the NRA punching back twice as hard.  Their New Year’s video pokes fun at her support from Bloomberg as well as her obvious disdain for the Second Amendment and by extension the US Constitution.

I think it is smart for the NRA to start switching their focus from Obama to Clinton. While Obama can still make mischief as he is signaling with his weekly address, he is a lame duck. Short of appointing another Supreme Court justice, he can’t hurt us too badly. Hillary, on the other hand, given four years in office would be a disaster for gun owners.

UPDATE: Interestingly enough, the NRA’s video is catching some traction with the news media. In our local station’s (WLOS Asheville) reports on the gun control moves by Obama, this video is mentioned each and every time. I heard about it at 5pm, 5:30pm, 6pm, and 11pm.