SAF, NRA, And NSSF Move For Summary Judgment In Seattle Gun Tax Case

After the City of Seattle imposed a “gun violence tax” on sales of arms and ammunition within their city limits, the Second Amendment Foundation, National Rifle Association, and the National Shooting Sports Foundation jointly sued the city. Under Washington State law, cities and counties are preempted from passing regulations that impact firearms. That is reserved for the state.

This suit is groundbreaking because it is the first time the three have jointly sued on a gun rights issue. Now comes word that they have moved for summary judgment in King County Superior Court.

Plaintiffs Move For Summary Judgement In Challenge To Seattle Gun Tax

BELLEVUE, WA – Plaintiffs challenging a so-called “gun violence tax” recently passed by the Seattle City Council have today filed a motion for summary judgment in their lawsuit, citing Washington State’s long-standing preemption statute which “fully occupies and preempts the entire field of firearms regulation within the boundaries of the state.” The motion was filed in King County Superior Court.

Attorneys Steven Fogg and David Edwards, with Corr Cronin Michelson, Baumgardner Fogg & Moore LLP filed the motion for the Second Amendment Foundation, National Rifle Association, National Shooting Sports Foundation and their co-plaintiffs. They allege that the city “is well aware of this restriction on its legislative power, in part because its most recent attempt to regulate firearms was emphatically struck down by the Court of Appeals.”

That case was Chan v. City of Seattle, brought by SAF, NRA and several other plaintiffs. Fogg also argued that case. It derailed an attempt by the city under former Mayors Greg Nickels and Mike McGinn to ban guns in city park facilities. But Washington State’s preemption statute, passed 32 years ago and used as a model by other states to adopt similar legislation, stopped that effort in its tracks.

“Seattle is trying to be too clever by half,” said SAF Executive Vice President Alan Gottlieb. “Our motion shows that members of the city council brainstormed with members of local gun control groups to try to skirt the preemption law. This so-called ‘gun violence tax’ clearly seeks to limit access to firearms and ammunition by imposing what amounts to a regulatory fee on the sale of all firearms and ammunition within City limits. The city can’t do that, and we’re confident the court will tell them so.

“The city can’t even pass this off as a B&O tax, because it’s a flat fee, not a percentage of sales,” he continued. “In the final analysis, this is an attempt to skate around, and thus erode, our state’s model preemption law. That cannot be allowed to stand. The City of Seattle is not an entity unto itself, but still part of Washington State, and therefore the city has to abide by the same laws we all follow.”

That’s Why It’s Called Capitalism, Ladd

The Huffington Post had a post about HR 3799 – the Hearing Protection Act of 2015 – being introduced by Rep. Matt Salmon (R-AZ). As with most PuffHo articles, it starts well and then goes over the edge. They waited until the 12th paragraph to link suppressors with CIA death squads.

In the past, the NRA had been hesitant to get into bed with manufacturers of silencers, largely due to image problems that have long plagued the devices. In 2013, Mother Jones reported on the history of modern silencers, going back to their creation in the late 1960s by a onetime CIA dark-ops contractor, as well as their early use by CIA death squads in Vietnam. The ASA was formed in 2011, suggesting that the silencer industry has lately taken more of an interest in public relations and political influence.

Supporters of stronger gun regulations regularly point to the potential hazards of making it easier for civilians to get hold of accessories that — as manufacturers readily admit — allow shooters to disguise their location by minimizing the noise and light produced by firing a gun. There’s little evidence to suggest that silencers are used regularly in criminal activity, but there have been a number of cases in which gunmen, or would-be gunmen, were found to have used the devices or at least been in possession of them.

Hiram Percy Maxim, son of Hiram S. Maxim, was awarded a patent for his Maxim Silencer in 1909. That is significantly earlier than the “late 1960s”. Moreover,  High Standard produced an integrally suppressed pistol for the OSS as early as WWII. I guess it is only a “death squad” to PuffHo if you are fighting communists and not Fascists.

More to the point of this post are the comments by Ladd Everitt of the Coalition to Stop Gun Violence (sic).

Ladd Everett, director of communications for the Coalition to Stop Gun Violence, says manufacturers are simply making a financial calculation in the current push to make it cheaper and easier for people to get silencers, despite the potential for misuse.

“The NRA and gun industry view accessories like silencers as potential profit areas, with guns themselves so well-saturated throughout their existing customer base. That’s why we’ve seen this multi-state effort to weaken laws in this area, the obvious consequences for safety be damned,” Everett told The Huffington Post. “It’s about profit, nothing else.”

Ladd, dude, profit is what capitalism is all about. Your bio says you worked for US Saudi Arabian Business Council so you of all people should understand that.

And what are these obvious consequences for safety that you speak of? As one of the many Americans with hearing loss issues due to damage from shooting unsuppressed firearms without hearing protection, I would think that making it easier to end noise pollution and protect hearing at the same time would be a win-win for safety. I guess since I live out in the hinterlands I’m just a bit clueless what is obvious to you inside the Beltway sorts.

I’d Support This Bill – And So Does The NRA

Rep. Matt Salmon (R-AZ) has introduced the Hearing Protection Act of 2015. The act would remove suppressors and silencers from the National Firearms Act. In other words, there would be no restrictions (other than state ones) and no $200 tax anymore. You’d only have to go through a NICS check.

As someone who has both tinnitus and moderate 4000 Hz notch hearing loss, I fully support this bill. My hearing impairment came as a result of shooting firearms at earlier period in my life without hearing protection. My audiologist told me last week when she checked my hearing that I would need hearing aids in the future.

The NRA supports this bill and released this statement today:

Fairfax, Va.— The National Rifle Association’s Institute for Legislative Action (NRA-ILA) announced its support today for the Hearing Protection Act. Sponsored by Congressman Matt Salmon (AZ-05), the legislation removes suppressors from regulations established under the National Firearms Act of 1934.

“Suppressors significantly reduce the chance of hearing loss for anyone who enjoys the shooting sports,” said Chris Cox, executive director of NRA’s Institute for Legislative Action. “On behalf of the NRA and our 5 million members, I want to thank Rep. Salmon for his leadership on this important bill.”

Prevailing regulations requires buyers to send an application to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), pay a $200 tax, and pass an arduously time consuming ATF background check. Under Salmon’s bill there will be no application, no tax, and buyers would be required to pass the same National Criminal Instant Background Check (NICS) as law-abiding guns owners.

As a leading voice in the industry, the American Suppressor Association has provided valuable insight to the creation of the Hearing Protection Act.

“Suppressors benefit all involved in hunting and the shooting sports. It’s time to bring the law in line with modern technology,” said Cox.

It is currently legal to hunt with a suppressor in 37 states. 41 states allow private ownership of suppressors.

The bill has not been assigned a number yet but I’ll update this post when it does.

Michael Bane related a conversation he had with someone in the suppressor industry in his most recent podcast. The gist of it was that if suppressors had been invented now instead of the early 20th century, we would be required to have them and we’d be able to pick them up at a corner store.

I believe that is correct. I do know that I’ll fight tooth and nail for this bill. I don’t want today’s younger shooters to have to deal with even moderate hearing loss.

UPDATE: The American Suppressor Association released a statement on the introduction of this bill. As you can imagine, they are very, very pleased with this bill.

It said, in part:

“The American Suppressor Association believes that citizens should not have to pay a tax to protect their hearing while exercising their Second Amendment rights,” said Knox Williams, President and Executive Director of the ASA. “The removal of suppressors from the National Firearms Act has been our ultimate goal since day one. For months, we have worked alongside Rep. Salmon’s office and the National Rifle Association to craft this legislation. Although we recognize that introducing this bill is the first step in what will be a lengthy process to change federal law, we look forward to working with Rep. Salmon and the NRA to advance and ultimately enact this common-sense legislation.”

UPDATE II: The number of the Hearing Protection Act of 2015 is HR 3799. You can quickly send a letter to Congress showing your support by using this PopVox link.

Hillary Regains Lead In NH But Still Within Margin Of Error

I normally do not report on the Democratic primary unless it reflects on gun rights. However, I got an email on Tuesday with an offer to see the pre-release results of the Topline WBUR survey of likely New Hampshire Democratic voters so long as I didn’t release the results before 5am EDT Wednesday.

I’m no fool. I jumped on the offer!

It looks like that post-Democratic debate that Hillary Clinton (D-carpetbagger) is now back in the lead against Bernie Sanders (D-VT). Even though Sanders and Clinton are essentially tied, the movement by Clinton from 31% to 38% is beyond the margin of error.

Vote preference with leaners Sept 2015 Oct 2015 
Bernie
Sanders
35% 34%
Hillary
Clinton
31% 38%
Joe Biden 14% 9%
Martin
O’Malley
1% 1%
Jim Webb 2% 2%
Lincoln
Chaffee
1% less than 1%
Lawrence
Lessig
NA 0%
Some other
candidate
4% 4%
Would not
vote
2% 3%
Don’t Know /
Refused
10% 9%
Margin of
error is +/- 4.9 percentage points.

The poll did have some interesting tidbits. First, the majority of those polled thought Clinton could win (71%) in the general election while only a minority thought Sanders could win (39%). Clinton’s numbers rose significantly from September to October.

Second, while the overwhelming majority (80%) thought Bernie Sanders was trustworthy, only a bare majority (53%) thought Hillary Clinton was trustworthy. These numbers stayed consistent (+/- 2% points) between September and October.

It will be interesting to see how this continues to play out.

WBUR Boston has their take on their poll here. You can read the whole poll results here including the questions and methodology.

Every Picture Tells A Story, Part Four

I published Every Picture Tells A Story, Part Three last Wednesday. It was an update of the 2011 post that tracked the spread of firearms freedom as evidenced by the growth in shall-issue and constitutional carry. It was released on October 15th to commemorate the effective date of constitutional carry in the state of Maine.

Also published in 2011 was another collaboration with Rob Vance called Every Picture Tells A Story, Part Two which plotted annual FBI violent crime rates against the growth of shall-issue concealed carry. We explicitly stated back then that there wasn’t a positive correlation between violent crime rates and liberalized carry laws. We also said that proving a negative correlation would take more a more rigorous statistical approach. However, we took note of Linoge’s work regarding the negative correlation between crime involving firearms and gun ownership. I would note that Linoge has updated his work and the negative correlation is even stronger in 2015 (-0.8016) than in 2011.

Rob has updated his graph to reflect the changes since 2011 in both crime rates and the growth of shall-issue and constitutional carry.

When Illinois, the fifth largest state in the US, was forced to adopt shall-issue concealed carry, the anti-rights movement predicted blood in the streets of Chicago and elsewhere in Illinois. That is, more blood than is normal in Chicago with its long history of stringent gun control. The graph above normalizes the crime rates as per 100,000. If shall-issue concealed carry would have caused an increase in crime rates in Illinois, it would have shown up in the graph.

Rob notes this about the graph and what it illustrates:

Every time the citizens of our states manage to convince their legislators that individual self-defense via unrestricted or shall issue concealed carry is the best approach, the press repeats the shibboleth that such laws will result in “blood in the streets.” Well, the press has been wrong about that, and they’ve been wrong repeatedly and over many many years. Then again, newspaper circulation is down and this kind of lazy reporting might be one of the reasons why. Violent crime rates, including the murder rates, are down in the United States from a peak in the early 1990’s, but you wouldn’t know it from our press. The diagram below starts with data gathered to demonstrate the change in state laws in favor of no or de minimis regulation of concealed carry of firearms for self-defense (https://docs.google.com/spreadsheets/d/1QxBfs9acTUH8hL1OtkitcivuCzr4IQKjKOQ4_obK61c/pubhtml), and integrates FBI Uniform Crime Reporting data on the national level of violent crime over time.

Concealed carry laws matter because they change the balance of power in the favor of law abiding citizens over violent criminals, increasing both the real and the perceived risk associated with criminal behavior. Over the last 25 plus years the rate of violent crimes in the US has fallen substantially, and this change runs directly counter to the increasing availability of concealed carry as a self-defense option for Americans. We are now experiencing lowered rates of violent crime last seen in the early 1970s and murder rates from the mid-1960s. As John Lott has written (extensively I might add), “More Guns = Less Crime.” Correlation isn’t causality is a truth from statistics; yet it is entirely truthful to say that the normalization of armed self-defense is taking place in a period when the rate of violent crime is falling in the US. Any other conclusion does not follow the data.

Links to our data sources are below:

http://www.pewresearch.org/fact-tank/2015/04/17/despite-lower-crime-rates-support-for-gun-rights-increases

https://www.fbi.gov/about-us/cjis/ucr/ucr

http://www.disastercenter.com/crime/uscrime.htm

Gaming A Gun Buy-Back

Chicago Mayor Rahm Emanuel plans to waste another $250,000 of the city’s money in order to fund a gun buy-back. He announced his plans yesterday at press conference attended by the usual hanger’s on. The money is coming from the Chicago Police Department’s budget. The “intent” is to “get guns off the street”.

Emanuel’s buy-back will be a partnership between the city and various groups who can apply for grants to fund buy-backs.

Organizations can apply directly to the police department and will be responsible for organizing and advertising the events. Chicago police will staff the buy-back events, recover the guns, and provide cash cards for guns turned in. The $250,000 fund will be used to purchase the cash cards, and is funded through the existing CPD budget.

“Illegal guns drive violence in our neighborhoods, and we must do everything possible to keep them off our streets,” said Superintendent McCarthy. “Our officers already recover more illegal guns than officers in any other city in the country, and this new take on gun buy-backs will help us get even more guns out of our communities.”

The last time the city sponsored such a buy-back gun rights organizations and suburban gun dealers dumped a number of inoperable firearms on the city and collected $100 each in gift cards. John Boch of Guns Saves Lives said the money was used to purchase ammo for a NRA youth camp.

Boch said his group will be back and the cops aren’t happy.

Boch is vowing to return to Chicago with another 50 or 60 guns to turn in.

“We will put that money to good use for public awareness efforts on our part,” he said. “We don’t need gun control, we need crime control.”

Anthony Guglielmi, spokesman for the Chicago Police Department, said officers will check to see whether turned-in guns are operable but won’t check the IDs of the people who bring them in.

“If people want to game the system, society is the victim,” he said. “I think those people need to ask themselves, are they part of the solution to reduce violence?”

No, what Mr. Guglielmi should be asking is whether this $250,000 of taxpayer’s money couldn’t be better used in enforcement efforts against criminal gangs such as the Gangster Disciples, the Latin Kings, and Black P Stone. When you look at a map of Chicago and see very few areas that don’t have known gang boundaries, it is what I’d be asking.

Our Gun-Owning Neighbors To The North Are In For It

The Liberal Party headed by political legacy Justin Trudeau just ousted the Conservative Party of Prime Minister Stephen Harper in nationwide elections yesterday. The Liberal Party took 184 seats out of 338 which gives them a working majority. They will not have to try and form a coalition government with other smaller parties. The Conservatives retain only 99 seats or 29% of the seats in the Canadian Parliament’s House of Commons.

So what does that mean for Canadian gun owners? First, let’s remember that the Conservative government under Stephen Harper did away with the ineffective and outrageously expensive gun registry. Second, there is this from the Liberal Party platform:

We will take action to get handguns and assault weapons off our streets.

Over the last decade, Stephen Harper has steadily weakened our gun laws in ways that make Canadians more vulnerable and communities more dangerous.

We will take pragmatic action to make it harder for criminals to get, and use, handguns and assault weapons. We will:

  • repeal changes made by Bill C-42 that allow restricted and prohibited weapons to be freely transported without a permit, and we will put decision-making about weapons restrictions back in the hands of police, not politicians;
  • provide $100 million each year to the provinces and territories to support guns and gangs police task forces to take illegal guns off our streets and reduce gang violence;
  • modify the membership of the Canadian Firearms Advisory Committee to include knowledgeable law enforcement officers, public health advocates, representatives from women’s groups, and members of the legal community;
  • require enhanced background checks for anyone seeking to purchase a handgun or other restricted firearm;
  • require purchasers of firearms to show a license when they buy a gun, and require all sellers of firearms to confirm that the license is valid before completing the sale;
  • require firearms vendors to keep records of all firearms inventory and sales to assist police in investigating firearms trafficking and other gun crimes;
  • immediately implement the imported gun marking regulations that have been repeatedly delayed by Stephen Harper; and
  • as part of our investment in border infrastructure, invest in technologies to enhance our border guards’ ability to detect and halt illegal guns from the United States entering into Canada.


We will not create a new national long-gun registry to replace the one that has been dismantled.

We will ensure that Canada becomes a party to the international Arms Trade Treaty.

The only thing positive in that list is the claim that a Liberal government will not create a new long-gun registry.

I hate to say it but the next five years are not going to be good ones for Canadian gun owners. Or the rest of Canada for that matter.

Something To Mull Over For A Monday

I read an interesting article by Malcom Gladwell this weekend. It was published in the New Yorker and dealt with how school shootings spread. The central premise is that school shootings are like a riot in that people who may never have considered violence are sucked into it as the violence escalates.

But (Stanford sociologist Mark)Granovetter thought it was a mistake to focus on the decision-making processes of each rioter in isolation. In his view, a riot was not a collection of individuals, each of whom arrived independently at the decision to break windows. A riot was a social process, in which people did things in reaction to and in combination with those around them. Social processes are driven by our thresholds—which he defined as the number of people who need to be doing some activity before we agree to join them. In the elegant theoretical model Granovetter proposed, riots were started by people with a threshold of zero—instigators willing to throw a rock through a window at the slightest provocation. Then comes the person who will throw a rock if someone else goes first. He has a threshold of one. Next in is the person with the threshold of two. His qualms are overcome when he sees the instigator and the instigator’s accomplice. Next to him is someone with a threshold of three, who would never break windows and loot stores unless there were three people right in front of him who were already doing that—and so on up to the hundredth person, a righteous upstanding citizen who nonetheless could set his beliefs aside and grab a camera from the broken window of the electronics store if everyone around him was grabbing cameras from the electronics store.

Granovetter was most taken by the situations in which people did things for social reasons that went against everything they believed as individuals. “Most did not think it ‘right’ to commit illegal acts or even particularly want to do so,” he wrote, about the findings of a study of delinquent boys. “But group interaction was such that none could admit this without loss of status; in our terms, their threshold for stealing cars is low because daring masculine acts bring status, and reluctance to join, once others have, carries the high cost of being labeled a sissy.” You can’t just look at an individual’s norms and motives. You need to look at the group.

His argument has a second implication. We misleadingly use the word “copycat” to describe contagious behavior—implying that new participants in an epidemic act in a manner identical to the source of their infection. But rioters are not homogeneous. If a riot evolves as it spreads, starting with the hotheaded rock thrower and ending with the upstanding citizen, then rioters are a profoundly heterogeneous group.

Finally, Granovetter’s model suggests that riots are sometimes more than spontaneous outbursts. If they evolve, it means they have depth and length and a history. Granovetter thought that the threshold hypothesis could be used to describe everything from elections to strikes, and even matters as prosaic as how people decide it’s time to leave a party. He was writing in 1978, long before teen-age boys made a habit of wandering through their high schools with assault rifles. But what if the way to explain the school-shooting epidemic is to go back and use the Granovetterian model—to think of it as a slow-motion, ever-evolving riot, in which each new participant’s action makes sense in reaction to and in combination with those who came before?

I suggest reading the whole article. I know this is “heavy” reading for a Monday morning but it is an important topic and it does have an implication for our gun rights.

Hillary’s Cash For Clunker (Guns)

By now, there have been innumerable stories written on Hillary Clinton’s love for the “Australian-style” approach to gun control. Breitbart has it as does The Daily Caller. SayUncle has it as does Sebastian. However, if you still don’t know what I’m talking about, here is the video. In it Hillary proposes a “cash for clunkers” approach to firearms. Of course, being a good Democrat I’m guessing she would use other people’s money to fund her program.

The NRA doesn’t think much of her proposal.

Hillary Admits Gun Confiscation is ‘Worth Looking At’

Fairfax, Va.— Hillary Clinton said at a New Hampshire Town Hall today that gun confiscation is something “worth looking at.” Discussing the firearms confiscation program in Australia, Clinton admitted she would consider implementing such a system in America.
A voter asked, “Recently, Australia managed to get away, or take away tens of thousands, millions, of handguns. In one year, they were all gone. Can we do that? If we can’t, why can’t we?”

Mrs. Clinton responded by describing Australia’s program, and then said, “I think it would be worth considering doing it on the national level, if that could be arranged.”

Chris Cox, executive director of The National Rifle Association’s Institute for Legislative Action, said, “This validates what the NRA has said all along. The real goal of gun control supporters is gun confiscation. Hillary Clinton, echoing President Obama’s recent remarks on the same issue, made that very clear.”

Clinton’s call for gun confiscation follows recent comments she made at a private fundraiser late last month. While expressing support for a ban on commonly owned semi-automatic firearms, Clinton stated her belief that the Supreme Court wrongly held that the Second Amendment guarantees an individual right to self-defense. In her own words: “…the Supreme Court is wrong on the Second Amendment. And I am going to make that case every chance I get.”

“Hillary Clinton just doesn’t get it. The NRA’s strength lies in our five million members and the tens of millions of voters who support the Second Amendment,” Cox said. “A majority of Americans support this freedom, and the Supreme Court was absolutely right to hold that the Second Amendment guarantees the fundamental, individual right to keep and bear arms. Hillary Clinton’s extreme views are completely out of touch with the American people.”

Even Paul Barrett of Bloomberg News thinks she is making a mistake.

But Clinton may be making a mistake framing her argument in culture-war terms—as a battle against the National Rifle Association, which is a conspiracy-minded extremist group that thrives when under attack. Moreover, while some of her ideas make sense, others, including her emphasis on “assault weapons,” come straight from a tired, ineffective gun-control playbook.

I say let her go full gun control. It worked for President Al Gore. Oh, wait, he lost both his home state of Tennessee and Bill Clinton’s home state of Arkansas over just this issue. She probably won’t lose New York over this but swing states like Ohio, Florida, and Pennsylvannia will go to her Republican opponent along with the election.

Cutaway Wilson Combat 1911

Wilson Combat made a custom cutaway 1911 for Larry Vickers. In the video below, you can see him shooting it in both full and slow motion.

It is fascinating to watch the ejection begin after the hammer has fallen and the bullet is on its way downrange. This is a well put together video. I’ve watched 2-3 times and I can see myself watching a number of more times. It is only about 3 minutes but is is 3 minutes well spent.