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Homeland Safety And Security Act Of 2016 Aka We Have To Do Something Act

July 4, 2016 by 2 Comments

House Majority Leader Kevin McCarthy (R-CA) introduced HR 5611, the Homeland Safety and Security Act of 2016, on Friday, July 1st. This bill is an amalgam of items that are supposed to protect us from the Islamofascists. The findings in Sec. 2 of the bill explicitly mentions ISIS and al Qaeda.

This bill has the full support of Speaker Paul Ryan (R-WI) who said:

“While the enemy’s tactics are evolving, the Obama administration’s strategy to defeat radical Islamist extremism is not. We have to step up our game. This counterterrorism legislation provides new tools to protect our homeland, including a provision to prevent terrorists from buying guns. It is a responsible measure that confronts this threat while protecting the rights of law-abiding citizens. I look forward to a debate and vote on the House floor next week.”

I seem to remember it was not so long ago – like a week earlier – that Speaker Ryan said the Democratic sit-in was nothing more than a publicity stunt and that the Constitution must be defended. He went to say that they wouldn’t take away a person’s guaranteed rights without due process.

Sec. 5 of HR 5611 states:

SEC. 5. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, 
              DELIVERY, OR TRANSFER OF FIREARMS OR EXPLOSIVES TO KNOWN 
              OR SUSPECTED TERRORISTS.

    (a) In General.--Section 922(t) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7)(A) When the Attorney General is notified of a request to 
transfer a firearm or an explosive to a person who is being, or has 
been investigated during the previous 5 years, as a known or suspected 
terrorist, the Attorney General shall, as appropriate, notify relevant 
Federal, State, or local law enforcement agencies or intelligence 
agencies concerning the identity of the prospective transferee.
    ``(B) Upon being notified of a prospective transfer of a firearm or 
an explosive to a person who is being investigated as a known or 
suspected terrorist, the Attorney General or the United States attorney 
for the district in which the licensee is located may--
            ``(i) delay the transfer of the firearm or explosive for a 
        period not to exceed 3 business days; and
            ``(ii) file an emergency petition in a court of competent 
        jurisdiction to prohibit the transfer of the firearm or 
        explosive, which petition shall receive the highest priority on 
        the docket of that court.
    ``(C)(i) An emergency petition filed under subparagraph (B) shall 
be granted upon a showing of probable cause to believe that the 
prospective transferee will commit an act of terrorism, or is 
prohibited from possessing or receiving a firearm under subsection (g) 
or (n).
    ``(ii) An emergency petition filed under subparagraph (B) to 
prohibit the transfer of a firearm or explosive may be granted only 
after a hearing--
            ``(I) of which the prospective transferee receives actual 
        notice; and
            ``(II) at which the prospective transferee has an 
        opportunity to participate with counsel.
    ``(iii) In the case of an emergency petition filed under 
subparagraph (B) which is denied, the court shall require that the 
United States pay the costs and attorney fees of the prospective 
transferee.''.
    (b) Rule of Construction.--The amendments made by this section do 
not preclude the Attorney General from arresting and detaining a 
person, including a person described in section 922(t)(7) of title 18, 
United States Code, with regard to whom an emergency petition has been 
filed under such paragraph, if the Attorney General has probable cause 
to believe that the person has committed, conspired to commit, or 
attempted to commit an act of terrorism.

Sec. 5 is a variant of the Cornyn Amendment (S. Amdt. 4749) which failed to secure enough votes in the Senate on a cloture motion. Knowing that there are not enough Senators who would vote in favor of a cloture motion on this bill, isn’t this just as much a publicity stunt as the sit-in by the Democrats? Clearly not as visually pleasing to the media as the sit-in, it is still a stunt as it allows the Republican leadership to say, “We did something!”.

While Sec. 5 marginally protects due process, lawyers are expensive and there is no guarantee of winning so as to recoup your legal expenses. Moreover, what is to say that someone like Mike Vanderboegh was not put on the list as a domestic terrorist for his Second Amendment activism at the recommendation of the BATFE, the BLM, or even the SPLC. Heck, for all we know it could be all gun rights bloggers, podcasters, or Facebook commenters just because Loretta Lynch doesn’t like us.

No one knows how, why, or if they are on the Terrorist Screening Database. There are thousands on the list because they have a similar name, a letter or number was transposed in the original report, or for any number of errors. There are also truly evil and dedicated terrorists on the list who may or may not be under surveillance by the FBI, DHS, or some other alphabet agency. Larry Keane of the NSSF pointed out late last year that under such a law all it would take to confirm to a terrorist that he or she was under suspicion was to try and buy a firearm. The NICS denial would be all the confirmation that they needed.

HR 5611 has been sent to a number of House committees. That said, all indications are that it will be voted on sooner than later. I don’t care if the NRA was marginally OK with the Cornyn Amendment or that Donald Trump thought it might be a good idea. I object to secret lists, I object to any attempt to abridge enumerated Constitutional rights, and I object to Sec. 5 of this bill.

Call, email, fax, or write your House member and let them know that you oppose Sec. 5. As the Sultan Knish blog (thanks Kevin Baker for the link) said last year, you can’t have a truce with the Left. If you think that the Mike Bloomberg’s, Shannon Watts’, or Ladd Everitt’s of the gun control world are going to compromise with us, you need to think again.

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So What If They Outlawed The Bullet Button

July 3, 2016 by 5 Comments

The gun prohibitionists in California thought they were sticking it to gun owners when they banned the “bullet button”. The two bills signed on Friday by Gov. Jerry Brown (D-CA) which banned the “bullet button”, AB 1135 and SB 880, have very similar language. The laws said that to be exempt from consideration as an “assault weapon” the firearm must have a fixed magazine.

(b)  For purposes of this section, “fixed magazine” means an ammunition
feeding device contained in, or permanently attached to, a firearm in such
a manner that the device cannot be removed without disassembly of the
firearm action.

Darin Prince, the inventor of the original Bullet Button, responded with something that will drive the gun prohibitionists nuts because it fits within the letter of the law yet allows you to replace a magazine very quickly. It may not be as quick as what I can do in a free state but it seems every bit as quick as a “bullet button”.

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Free Fishing In NC On Independence Day

July 3, 2016 by 2 Comments

The North Carolina Wildlife Resources Commission has announced that no license or trout stamp will be needed to fish in the state on Independence Day, July 4th. This will apply to both residents and non-residents. This is a great opportunity to take your kids fishing without having to pay for a license. Of course, buying a license does support the conservation of fish, game, and habitat in North Carolina.

Read more in this announcement from the NCWRC:

RALEIGH, N.C. (June 23, 2016) —  The N.C. Wildlife Resources Commission reminds anglers and would-be anglers of all ages that July 4 is “free fishing day” in North Carolina. From 12:01 a.m. to 11:59 p.m., anyone can fish without having to pay for a fishing license or additional trout privilege license in all public waters, including coastal waters.   
While everyone — residents and non-residents alike — can fish in public waters without a license on July 4, all other fishing regulations, such as length and daily possession limits, as well as bait and tackle restrictions, apply. 
The Commission manages recreational inland fisheries, stocks fish, and provides free access to fishing sites across the state. To make finding a spot to fish easier, the Commission has interactive fishing and boating maps on its website that list more than 500 fishing and boating areas, most of which are free and open to the public. 
Public fishing areas range from well-developed access areas with universally accessible boat ramps and piers, to sites with only gravel parking lots and an access trail leading to the water. These include Community Fishing Program (CFP) sites that are developed through partnerships between the Commission and local municipalities and organizations. Many of these sites receive routine stockings of channel catfish and often have a universally accessible fishing pier. 
Some CFP sites have loaner rods and reels that anglers can borrow for the day on a first-come, first-serve basis. Through the Commission’s Tackle Loaner Program, anglers can check out a fishing rod and reel in much the same way as checking out a library book. They receive a Tackle Loaner card, which is valid at all tackle-loaner sites across the state, although the rods and reels must be returned to the location where they were borrowed. Anglers age 15 and younger who register for the Tackle Loaner Program for the first time receive a mini tackle box filled with hooks, fishing line, a bobber and a stringer.
In addition to providing free places to fish, the Commission stocks a variety of fish in public, inland waters across the state throughout the year to give anglers a better chance of catching fish. Cool mountain waters are stocked with brook, brown and rainbow trout, as well as walleye and muskellunge. In warm waters, Commission staff stocks largemouth bass, American shad, striped bass, channel catfish and sunfishes. 
Authorized by the N.C. General Assembly and enacted in 1994, North Carolina’s annual free fishing day always falls on July 4. On all other days of the year, a fishing license is not required for anglers 15 years and younger, but anyone age 16 and older must have a fishing license to fish in any public water in North Carolina, including coastal waters. To purchase a license:
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Confusing The NRA With The NSSF

July 2, 2016 by 2 Comments

The Seattle City Council has mandated that pistols that would normally be traded in when the police department makes upgrades will be destroyed. This boneheaded move which passed council with an unanimous vote will cost taxpayers approximately $30,000 according to the website Blue Lives Matter.

“Officer Blue” then went on to make this statement:

What the Seattle city council is ignoring here is that guns are still being actively manufactured and sold. Destroying old guns doesn’t reduce the number of guns on the streets, it just increases the number of newly manufactured guns being purchased. The NRA is unlikely to oppose such a knuckle-headed policy, because destroying old firearms increases the profits of gun manufacturers. Gun manufacturers only make money on the first time that a firearm is sold. All used gun sales are potentially a lost sale to a gun manufacturer. If other police departments follow suit in destroying their used firearms, then you might want to look into purchasing stock in gun manufacturing companies.

“Officer Blue” is making the common media mistake of thinking that the NRA is an agent of gun manufacturers. While they have good relationships with the manufacturers, it is not the job of the National Rifle Association to increase the profits of the firearms industry. That is the job of their trade association the National Shooting Sports Foundation.

In reality, I think both organizations would oppose the destruction of these firearms. The NRA would oppose it as a matter of public policy as it recognizes that not all shooters can afford new firearms. Moreover, historically many surplus firearms such as M1 carbines were sold directly to shooters under the auspices of the NRA. The NSSF would oppose it because their constituency also includes FFLs as well as manufacturers.

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California Gun Owners Get Screwed — Again

July 1, 2016 by 4 Comments

Gov. Jerry Brown (D-CA) did his usual splitting of the baby with regard to gun control bills today. He signed six and vetoed five. As per the usual lately, gun prohibitionists won much more than they lost and the Constitution was spit on once again.

The bills signed creates a registry of ammo owners, bans loaning of guns between family members and friends, bans the bullet button, adds non-violent misdemeanors as a prohibiting factor for gun purchases, and, last but not least, bans possession of all magazines with more than a 10-round capacity. On this last measure there is no grandfathering of existing magazines.

Brown said he was signing these bills “to enhance public safety by tightening our existing laws in a responsible and focused manner”. Of course, none of these bills would prevent further terrorist attacks like in San Bernardino or Orlando.

The release below from the Firearms Policy Coalition gives more details:

California Governor Jerry
Brown Guns Down the Constitution
Governor Jerry Brown signs 6, vetoes 4 gun
control bills that were passed by the California Legislature yesterday.
SACRAMENTO – This
morning, four-term Governor Jerry Brown conspired with other members of the
State’s corrupt one-party majority to make it easier for criminals and
terrorists to kill innocent people, said civil rights advocacy organization
Firearms Policy Coalition.
Brown signed six and
vetoed four of the eleven anti-gun, pro-terror bills that were passed by the
Legislature yesterday. (Note – there was a 5th anti-gun vetoed – AB1176)
The “Gunpocalypse”
legislation signed by the Governor today will create new criminal liabilities
affecting millions of law-abiding people, cost the state tens of millions of
dollars in new fees and fines, and eviscerate fundamental, individual rights.
“These are
constitutionally-illegitimate laws passed by a patently illegitimate government
that had the audacity to attack and criminalize millions of its own people in Stalin-esque
fashion,” said Firearms Policy Coalition President Brandon Combs.
“We expect mass
non-compliance with these laws and encourage good, peaceful Californians to
carefully consider the risks of voluntarily identifying their firearms, magazines,
and ammunition to law enforcement officials, especially the California Department
of Justice.”
The Legislature
suspended nearly every procedural rule to rush these anti-gun, ISIS-enabling
bills through to Brown before he left for Europe, a place that may have served
as the model for his unconstitutional firearm policies.  Now that the first phase of their year-long
campaign to support violent criminals and terrorists is complete, the members
of the Legislature who passed the bills have left Sacramento for a month-long,
taxpayer-funded vacation.
“The Legislature ignored
every rule in the book to fast-track their civilian disarmament agenda and herd
the people into a state-wide gun-free-zone,” said Craig DeLuz, the director of
public and legislative affairs for Firearms Policy Coalition.
Continued DeLuz, “There
are still a dozen anti-gun bills pending in the Legislature, and while Governor
Brown’s actions today were disturbing, Firearms Policy Coalition and our
members will continue to fight to defend and restore the Second Amendment in
California.”
With Senate Bill 1446¾ a statewide,
confiscatory ban on lawfully-possessed “large-capacity” magazines¾law enforcement interests
once again cut shady deals to exempt their retired members from the long reach
of the new gun control laws.
Earlier this year,
Firearms Policy Coalition, two other civil rights groups, and a number of
individuals filed a federal civil rights lawsuit–captioned Garcia v. Attorney General Kamala Harris–that challenges
California’s gun law exemptions for retired law enforcement officers on
Fourteenth Amendment Equal Protection grounds.
“Jerry Brown and the
California Legislature have openly declared war on gun owners and the Bill of
Rights,” continued Combs. “By signing the bills that he did, Governor Brown
showed us that he has no respect for the rule of law, reason, or law-abiding
people. I submit that he and his ilk deserve the same contempt in return.”
“The government would be
wise to remember that there are more California residents with guns than there
are government officials to take them away. To coin a phrase, ‘come and take it’,”
Combs concluded.
The Governor signed the
following bills today:
·                 
AB 1135 (Levine): Bans common and constitutionally-protected
firearms that have magazine locking devices.
·                 
AB 1511 (Santiago): Criminalizes loaning of firearms between
personally known, law-abiding adults, including family members, sportspersons,
and competitors.
·                 
AB 1695 (Bonta): Makes a non-violent misdemeanor a prohibiting
offense.
·                 
SB 880 (Hall): Bans common and constitutionally-protected firearms that have
magazine locking devices.
·                 
SB 1235 (de Leon): New restrictions on ammunition purchases;
creates a DOJ database of ammunition owners.
·                 
SB 1446 (Hancock): Statewide confiscatory ban on all lawfully-possessed
standard-capacity ammunition feeding devices that hold more than 10 round;
exemption for retired police
The Governor vetoed the
following bills today:
·                 
AB 1673 (Gipson): Would have redefined “firearms” to include
objects that are not firearms
·                 
AB 1674 (Santiago): Would have banned buying more than one firearm of
any type within a 30-day period
·                 
AB 2607 (Ting): Would have dramatically expanded the reach of
secret “Gun Violence Restraining Orders”
·                 
SB 894 (Jackson): Would have re-victimized victims of theft by
criminalizing the failure to report lost and stolen firearms

AB 857 (Cooper), which would require that serial numbers be
placed on un-serialized firearms manufactured going back 50 years and on all
new home-built firearms, is still pending. 
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Happy Dominion Day

July 1, 2016 by 1 Comment

To all my Canadian friends and acquaintances in the 51st state, Happy Dominion Day!

Growing up July 1st was always Dominion Day and not Canada Day. It was not until 1982 that the name was switched and then it was only done on a late Friday afternoon under the earlier Trudeau’s government. You can read the whole sordid tale of that here.

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Sit-Ins Pay Off For The Democrats

June 30, 2016 by 6 Comments

It was only last week that the House Democrats held an all-night sit-in the House chamber to protest in favor of gun control. We sadly saw a hero of the civil rights movement, Rep. John Lewis (R-GA), protesting in favor of actions that would actually curtail both 2nd and 5th Amendment guarantees. At the time, Speaker Paul Ryan (R-WI) said the Democrats sit-in was nothing more than political theater and that the Constitution must be protected.

That was then and this is now.

According to the Washington Examiner, Ryan told the House Republican Conference that the House will vote next week on a package of measures including one that would use the no-fly list to deny firearms purchases.

The House will vote on an anti-terrorism measure next week that would prevent terror suspects from purchasing guns, House Speaker Paul Ryan told GOP lawmakers Thursday.


In a conference call with the House Republican conference, Ryan, R-Wis., outlined a plan to vote on a legislative package that responds to the recent terrorist shootings, including limiting access to firearms by those on federal terror watch lists.


“The terrorism package will include measures to disrupt radicalization and recruitment, and a provision to prevent suspected terrorists from buying guns,” a GOP aide said….


The move comes as Democrats threaten to continue “sit-in” demonstrations on the House floor until the GOP majority allows votes on two specific Democratic gun control measures. The demonstrations forced the House GOP to gavel out early for a week-long recess earlier this month.

You know what this means – time to start calling/emailing/faxing your Representative. You can find their webpages and phone numbers here.

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Being Prepared

June 30, 2016 by

You don’t have to have been a Boy Scout to know that the Boy Scout motto is “Be Prepared”. As the newest video commentary from Dom Raso makes clear, Islamofascists are going to target gun-free zones. These include night clubs like in Orlando and shopping malls like in Kenya.

And it doesn’t have to be only Islamofascists. A suicidal man who wanted to achieve notoriety with his death targeted the Von Maur Mall in Omaha, Nebraska. He killed eight people in that gun-free zone.

You do have some choices. First, you could just avoid shopping or visiting a place that is a gun-free zone. It might crimp your social life but shopping shouldn’t be too hard given the growth of Amazon Prime. (Try Amazon Prime 30-Day Free Trial.)

Second, you could still obey the gun-free zone signs but have a plan. In other words, be prepared. That preparation should include your family if you have one. Have an agreed upon meeting place if you have to suddenly exit, have an alert word that everyone knows means get out now, and make sure everyone knows where the exits are including the less obvious ones. This is just a start.

Third, even if you aren’t allowed to carry a firearm you can carry a knife, an ASP baton, pepper spray, or other weapon. Gun-free doesn’t have to be weapon-free.

Finally, you can carry a firearm regardless of the signs. Note, I am not advocating disobeying the law. You should know the law of your state or the state which you are visiting. You should know if the gun-free zone signs have the force of law or are they merely a suggestion. You should know the legal consequences of disobeying the law and weigh them in your own mind compared to the alternatives.

Would having a gun make a difference? It did in a South Carolina night club just last Sunday night.

Deputies said 32-year-old Jody Ray Thompson pulled out a gun after getting into an argument with another man and fired several rounds toward a crowd that had gathered out in front of the club.

“His rounds struck 3 victims, and almost struck a fourth victim, who in self-defense, pulled his own weapon and fired, striking Thompson in the leg,” Lt. Kevin Bobo said.

Bobo said the man who shot Thompson has a valid concealed weapons permit, cooperated with investigators, and won’t be facing any charges.

I don’t know the South Carolina law on carrying in clubs and don’t know if the legal concealed carrier actually went into the club but I do know it stopped a mass shooting.

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NRA Releases Ad – It’s Powerful

June 29, 2016 by

The NRA-PVF has released their first ad of this presidential election cycle. The ad is not so much pro-Trump as it is anti-Hillary.

I’ve watched the ad a few times and every time I’m struck by how powerful a message it sends. It features Mark “Oz” Geist who is a retired US Marine and is the security contractor who led the mission in Benghazi. He is the co-author of 13 Hours: The Inside Account of What Really Happened In Benghazi. With the Rep. Trey Gowdy’s House Select Committee on Benghazi releasing their report damning both the White House and State Department, it is very timely.

Watch it and share this with your friends.

UPDATE: I just saw the NRA ad featured in a story regarding Donald Trump on CNN this morning around 9:30am EDT. They didn’t run the whole ad but enough to get the gist of it. According to CNN, the NRA-PVF is spending $2 million on air time.