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Much Ado About Nothing

February 14, 2018 by 2 Comments

The Brady Campaign, CNN, and the cult of personality known as Giffords are all in a tizzy that an BATFE official actually reached out to a lobbyist for comments. You may remember the white paper written by BATFE Associate Deputy Director Ron Turk that suggested items for discussion with regard to firearms regulations. The white paper was released after the inauguration of President Trump. It is to be noted that Ron Turk has always maintained that the items discussed in the paper were not official policy but rather items for discussion that he proposed.

According to CNN, after writing his initial draft of the white paper, Turk sent it to firearms lobbyist Mark Barnes for comments.

“If I am missing the mark on a major issue or disregarding a major discussion point any feedback you have would be appreciated,” Turk wrote to the lobbyist, Mark Barnes, on January 9, 2017. “My hope is that the agency can demonstrate flexibility where appropriate and identify areas for further discussion, recognizing that solving everyone’s concerns on each side would be difficult.”

Some of the suggestions from Barnes were included in the final draft of the white paper. Things like allowing dealers to use the NICS system to run background check on their own employees and a re-examination of a 20-year old sporting use study in light of the sporting uses of AKs and ARs. However, things that Barnes also suggested like loosening restrictions on the imports of SKS carbines and Makarov pistols from Russia were not included.

I think what has the gun control lobby and their enablers in the media so upset is that they weren’t approached for suggestions.

From Avery Gardiner of the Brady Campaign:

“I was surprised to see that the draft document had been emailed out to a gun industry lawyer and the final product took his suggestions as edits — without any disclosure of that until we went to court to get these documents,” said Avery W. Gardiner, co-president of the Brady Center. …


“There was a secret white paper that was partially written by the gun lobby. That’s exactly the kind of thing the Freedom of Information Act is supposed to address — transparency of government,” Gardiner said.

And from David Chipman, the former BATFE Special Agent who now works for Giffords, who is dismayed by the revelation:

“An independent ATF is critical to this nation’s security. The white paper suggests that the gun industry’s quest for power and influence has trumped public safety,” Chipman said.

An interesting side note on Chipman, he is a 1984 graduate of Phillips Exeter Academy – the ultra-expensive, ultra-upper class, prep school. I’m having a little bit of cognitive dissonance over a preppy actually getting his hands dirty working for a lackluster agency like BATFE. Isn’t that a little beneath a graduate of Phillips Exeter?

Back to the story in question, think back to the Obama Administration and all the photo ops and meeting held with the gun control industry. They were quite numerous. I think the problem here is that they are miffed to be on the outside looking in as opposed to the good old days when they had a seat at the table.

The CNN story does have link to all the drafts of the white papers if you are interested. They have also included a video on the page that seems like an outright editorial call for universal background checks. As Glenn Reynolds has often said they are Democratic operatives with a byline. I’d modify it to include gun control advocates with a byline.

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Quote Of The Day

February 12, 2018 by 1 Comment

The quote of the day comes from a mid-20th century science fiction story called “The Weapon Shops of Isher” by A.E. van Vogt.

THE RIGHT TO BUY WEAPONS IS THE RIGHT TO BE FREE

Given that the US Supreme Court is considering whether to grant certiorari to Teixeira v. Alameda County, I thought it was highly timely. A post by David Kopel at the Volokh Conspiracy regarding an amicus brief he submitted on behalf of the Cato Institute, JPFO, the Independence Institute, and the Millennial Policy Center is what clued me into the book. It is still available on Amazon as a Kindle book as well as in a more expensive paperback and hardback edition.

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The Follow-Up Question 60 Minutes Should Have Asked

February 12, 2018 by 3 Comments

I just finished watching Steve Kroft’s report on the battle for concealed carry reciprocity on 60 Minutes. I would suggest everyone either watch it or read the transcript. The episode was better than I hoped though you still could hear the sneer in Kroft’s voice when he asked Tim Schmidt if you should be allowed to carry “anywhere”. Schmidt, to his credit, gave a one word answer – “yes”.

One of the people interviewed was Robyn Thomas of the Giffords Law Center who is adamantly opposed to carry reciprocity. Trying to make a point on how much stricter a may-issue state like California is on who gets a permit, she said:

Someone who lives in Nevada, who’s able to carry a loaded, concealed weapon in Nevada could now bring that loaded gun into Los Angeles, into San Francisco, and carry their loaded weapon, even though in San Francisco that’s not someone who would get a permit.

 Kroft’s follow-up question was a softball asking wouldn’t reciprocity “usurp” the gun laws of anti-gun places like New York, LA, and Chicago. This brought the expected “yes” answer.

The question that should have been asked – and the responsible question to ask if one wasn’t biased – is how many carry permits have been issued in San Francisco. While I had a good idea it was a slim number, I reached out to Brandon Combs of the Firearms Policy Coalition and Cal-FFL to get an accurate answer. According to him, historically, the total number for both San Francisco city and county for the last two decades has ranged between 0 and 15.

Think about that. In a city and county (they are coterminous) of approximately 800,000 residents, at most 15 permits have been issued at any one time. In other words, unless you are the most connected person in San Francisco, you are not getting a permit.

Moreover, while San Francisco, Los Angeles, and San Diego issue very few, if any, permits, there are approximately 90,000 permits in California. Many of these are issued in a virtually shall-issue manner by a number of other California counties. These permit holders are legally able to carry in any city or county in the state including both LA and San Francisco.

Never forget that our civil rights opponents and their media allies will shade the truth when it serves their purpose. Robyn Thomas did it in the interview and Steve Kroft perpetuated it by not asking the questions that should have been asked.

UPDATE: Professor David Yamane details his experiences when he asked about getting a carry permit in San Francisco back in 2013. He knew the answer going in but thought he’d ask anyway.

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Reuters: Remington Seeks Financing To File For Bankruptcy

February 9, 2018 by 1 Comment

Reuters reported yesterday that Remington Outdoor Company is in search of financing that would allow it to file for bankruptcy. They have reached out to a number of banks and credit investment funds.

The move comes as Remington reached a forbearance agreement with its creditors this week following a missed coupon payment on its debt, the sources said. The company has been working with investment bank Lazard Ltd (LAZ.N) on options to restructure its $950 million debt pile, Reuters reported last month.

Remington is seeking debtor-in-possession financing that will allow it to fund is operations once it files for bankruptcy, the sources said. The size of the financing and timing of Remington’s bankruptcy plans could not be learned.

Some potential financing sources, including credit funds and banks, have balked at coming to Remington’s aid because of the reputation risk associated with such a move, according to the sources.

In addition to sales being reportedly down 27% for the first three quarters of 2017, Remington faces a $550 million term loan that comes due in 2019 along with another $250 million in bonds that mature in 2020.

In other words, Remington is facing a perfect storm.

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A Nice Win For Gun Rights In A California Appeals Court

February 9, 2018 by 1 Comment

Prior to a letter sent out by the California Department of Justice in 2014, holders of Curios and Relics Federal Firearm Licenses who also had a certificate of eligibility were exempt from the one handgun a month rule. That changed when the DOJ’s Bureau of Firearms issued a letter to all dealers in California that said, in effect, that C&R FFLs would not exempt holders from the one handgun a month rule with regards to modern handguns. The Calguns Foundation and Cal-FFL brought suit in 2014 challenging this as a violation of the state’s Adminstrative Procedures Act, contradicted the plain language of Sec. 27535, and ignored the legislative history of the one handgun a month law. The case sought a preliminary injunction in California Superior Court.

The trial court found that the Bureau of Firearm’s interpretation of the law was “the only legally tenable interpretation of Sec. 27535” and granted the DOJ’s motion of summary judgement. The case was appealed to the California Court of Appeal, 3rd Appellate District which today overturned the trial court.

From the court’s opinion:

On appeal, plaintiffs argue the interpretation DOJ announced in 2014 is void
because (1) it is inconsistent with section 27535 and (2) it was not adopted in compliance
with the APA. We agree with plaintiffs and address their arguments in reverse order.
Regarding their second argument, we conclude DOJ’s policy is not exempt from being
promulgated under the APA because it does not embody “the only legally tenable
interpretation” of the statute. (Gov. Code, § 11340.9, subd. (f).) Having decided that
DOJ’s 2014 interpretation of section 27535 is void for failure to comply with the APA,
we resolve any ambiguity regarding the proper construction of the statute and construe it

as allowing individuals with the designated federal license, and certificate of eligibility,
to purchase more than one handgun within 30 days regardless of the type of handgun
being purchased. In doing so, we agree with plaintiffs’ first argument as well. We
reverse and remand for further proceedings consistent with this opinion.

Calguns and Cal-FFL released this statement on their win today:

SACRAMENTO, CA (February 8, 2018)­­­­­­ – In a published decision issued today, California’s 3rd District Court of Appeal has issued an important new ruling striking down an illegal California Department of Justice (DOJ) gun control enforcement policy on multiple grounds. A copy of the Court of Appeal’s decision can be viewed at www.calgunsfoundation.org/doe.

The lawsuit, filed in 2014, was brought by two individuals after the DOJ’s Bureau of Firearms sent a letter notifying firearms dealers in the state of a new enforcement policy that prevents Californians who hold both a federal firearms license and a state Certificate of Eligibility, or “COE”, from purchasing more than one handgun in any 30-day period. After nearly two years of litigation, and in spite of both the requirements of the State’s Administrative Procedure Act (APA) and legal precedents on how to interpret statutes, the Sacramento Superior Court upheld the DOJ’s policy. But the Court of Appeal ultimately found that the policy was illegal, agreeing with the plaintiffs on both counts.

“This decision stands for the proposition that Attorney General Becerra and his Department of Justice are not above the law,” explained Brandon Combs, executive director for The Calguns Foundation. “They can’t simply make up the law as they go, without following the rules or having a legal basis in the statutes. The DOJ fabricated and enforced an illegal policy and we put an end to it with this case.”

Combs added that the decision is important for other issues as well, especially because it is citable as precedent. “Today’s decision is perhaps even more important because of the state’s new ammunition and assault weapon laws. Attorney General Becerra has been doing similar things in other areas of state law, and we are eager to show that, like their illegal policy here, those also must be enjoined and struck down.”

Plaintiffs’ attorney Bradley Benbrook of the Sacramento-based Benbrook Law Group hailed the decision. “We are gratified that the court affirmed the important principle that the State can’t take shortcuts when it tries to regulate citizens,” commented Benbrook. “It has to follow the rules.”

Doe, et al. v. Attorney Genera Xavier Becerra, et al. was supported by two California-based civil rights advocacy organizations: The Calguns Foundation, which focuses on legal efforts to protect individuals’ gun rights, and the California Association of Federal Firearms Licensees, the state’s firearms industry group.

The Calguns Foundation is participating in a lawsuit challenging the DOJ’s “bullet button assault weapons” regulations on similar grounds. More information about that case can be found at http://bit.ly/cgf-holt.

While the golden age of cheap surplus weapons may be over, the Curios and Relics FFL is still valuable. The rule of the Court of Appeals today in California affirms that.

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Safari Club International Relocates Headquarters

February 8, 2018 by

While it may have no hunting season, the District of Columbia is where many of the rules, regulations, and laws that impact big game hunting in the US and in the world are made. Thus, it should be no surprise the Safari Club International has decided to move their headquarters from Tucson to Washington, DC. SCI made the decision at their recent Annual Hunter’s Convention. The move was effective on February 1st.

From SCI:

SCI KICKS UP ITS GAME TO PROTECT HUNTING

On February 1, the Board of Directors of Safari Club International changed its headquarters designation from Tucson, Arizona to Washington, DC. The purpose of the move is to focus and intensify SCI’s efforts on all forms of advocacy to protect the freedom to hunt, in coordination with other hunting organizations.

SCI’s CEO Rick Parsons will relocate to the SCI office on Capitol Hill in early April. SCI has advocacy, Litigation and communication units in that building. The SCI Foundation, which owns the building, houses its conservation department there. Parsons has a degree in International Law and has specialized in wildlife conservation issues. While working with the U.S. Government, he helped to draft and implement the global treaty (called CITES) that regulates trade in wildlife so as to prevent extinctions. Parsons has been with SCI since 1985. He has hunted in Virginia, Michigan, Texas and South Africa.

At the same Board meeting, the SCI Board applauded the new Advocacy Communications program of SCI that emphasizes an aggressive approach to outbound communication based on the theme of hunter pride. The goal of the program is to provide information about hunting to the vast majority of people who are neutral on the issue. The information will be designed to change the conversation by giving these neutrals something new to consider about hunting.

The decision to designate Washington, DC as SCI’s headquarters and to relocate the CEO was made in the midst of SCI’s 46th Annual Hunters’ Convention. The Convention is an extraordinary global gathering of the SCI family and hunting world. In all, 1,100 exhibitors from the U.S. and all over the world showed their hunting opportunities and hunting gear to more than 20,000 attendees.

There were seminars on hunting technique, ethics, legal issues and a host of other topics. There were side meetings with government delegations from Zimbabwe, Tanzania, Zambia, Namibia, South Africa, China and Kazakhstan, to name some. There were evening events featuring fundraising auctions to support the work of SCI and its sister organization, the SCI Foundation.

Between them, SCI and the Foundation put more than $3.5 Million on the ground annually for wildlife conservation, anti-poaching, education and humanitarian efforts related to hunting. SCI also funds a wide variety of advocacy activities in the U.S. and globally. Next year’s Convention will be in Reno, Nevada on January 9-12, 2019.

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2018 SHOT Show: Industry Day at the Range

February 6, 2018 by 2 Comments

I have finally finished my video compilation of my time at Industry Day at the Range. Bear in mind that this is my first attempt at video so be kind with the comments. The video itself runs for a bit over 12 minutes and features video taken by the Complementary Spouse and myself.

We did run into some technical difficulties. For example, shooting video sucks the life out of your iPhone or, at least, it did it to my iPhone 6. As a result, the video I shot of the Archon Type B and an explanation of its features was lost. I think a trip to the Apple Store is in my future to take advantage of their battery upgrade.

In addition to what I shot in this video, see this earlier post of mine that talked about some of the other firearms that I shot.

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Safari Club International Adopts Policy On Captive Bred Lion Hunting

February 5, 2018 by 1 Comment

The Safari Club International is one of the leading organizations concerned with wildlife conservation in Africa. They work closely with both African governments and game managers on issue related to the conservation of big game on the Dark Continent. Thus, when they adopt a policy concerning the hunting of captive bred lions, it is news.

Their policy, in short, is that they oppose hunting captive bred lions. SCI conventions, other gatherings, and their magazine are perhaps the biggest way that African outfitters reach American hunters. Given this, SCI’s refusal to let those who promote the hunting of captive bred lions to participate in those events is a big stick.

From SCI’s release:

Considering
that the practice of the captive breeding of lions for the purpose of
hunting has doubtful value to the conservation of lions in the wild, and
considering that such hunting is not consistent with SCI’s criteria for
estate hunting, the SCI Board has adopted the following policy:
  • SCI opposes the hunting of African lions bred in captivity.
  • This
    policy takes effect on February 4, 2018 and applies to hunts taking
    place after adoption of this policy and to any Record Book entry related
    to such hunts.
  • SCI
    will not accept advertising from any operator for any such hunts, nor
    will SCI allow operators to sell hunts for lions bred in captivity at
    the SCI Annual Hunters’ Convention.
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Knife Rights Moves To Reform Knife Laws In Michigan

February 5, 2018 by 1 Comment

Last year Knife Rights succeeded in getting Michigan’s switchblade ban repealed. This year they are seeking to repeal the ban on the concealed carry of specifically excluded knives.

From Knife Rights:

On the heals of last year’s enactment of Knife Rights’ switchblade ban repeal in Michigan, Representative Steven Johnson has introduced HB 5512 to removed all the knives prohibited from concealed carry in Michigan statute.

Sec. 227. (1) would be removed entirely from Michigan’s penal code:
“A person shall not carry a dagger, dirk, stiletto, a double-edged
nonfolding stabbing instrument of any length, or any other dangerous
weapon, except a hunting knife adapted and carried as such, concealed on
or about his or her person, or whether concealed or otherwise in any
vehicle operated or occupied by the person, except in his or her
dwelling house,  place of business or on other land possessed by the
person.”

We will let you know when it’s time to contact your legislator on this bill. Stay tuned.

Knife Rights’ record
of 28 bills repealing knife bans at the state and local levels in 20
states in the past 8 years is unrivaled. With your support, Knife Rights
is rewriting knife law in America™.