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Interesting Second Amendment Case Out Of Massachusetts

September 25, 2014 by 8 Comments

If you travel abroad to a foreign country you carry your US Passport with you to prove that you are an American citizen. You don’t carry your birth certificate nor, if you weren’t born in the United States, do you carry your Certificate of Naturalization. Every foreign country around the world recognizes a passport as evidence of citizenship yet the Boston Police Department would not recognize Phuong Ngo’s US Passport as evidence of his US citizenship when he applied for a License to Carry. They demanded a US birth certificate or a Certificate of Naturalization and only would accept only one of  those documents.

Mr. Phuong Ngo came to the United States as a child with his parents. In  2006 his father became a naturalized citizen of the United States. 8 U.S.C. § 1431 provides that a child born outside the United States automatically becomes a citizen if at least one parent is a US citizen by either birth or naturalization; that the child is under age 18; and that the child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence (i.e., not an undocumented or illegal alien). Mr. Ngo thus became a US citizen without having either a US birth certificate or a Certificate of Naturalization. Nonetheless, he is a US citizen or the Department of State would not have issued him a passport.

22 U.S.C. § 2705 states that during its period of validity a US Passport shall have the same force and effect as proof of United States citizenship as certificates of naturalization or of citizenship issued by the Attorney General or by a court having naturalization jurisdiction.

Because of the intransigence of the Boston Police Department acting as the BPD Licensing Authority, Mr. Ngo and Commonwealth Second Amendment have filed suit in US District Court for the District of Massachusetts against Commissioner William Evans. They are seeking to have Boston’s requirements for a License to Carry to be declared unconstitutional, as applied and facially, on Second and Fourteenth Amendment grounds as well as on the Supremacy Clause of the Constitution. They are also seeking a Temporary Restraining Order and Preliminary Injunction enjoining the BPD Licensing Authority from refusing to accept Mr. Ngo’s US Passport as evidence of his US citizenship.

From Comm2A’s press release on the case:

NATICK, MA – On Monday September 22nd, Commonwealth Second Amendment (Comm2A) and an individual plaintiff filed suit in federal district court against Boston Police Commissioner William Evans seeking a temporary restraining order against the department’s policy of refusing to recognize valid US passports as proof of US Citizenship.


“I think most Americans would find it deeply offensive to learn that the police don’t consider a US passport evidence of citizenship,” said Comm2A President Brent Carlton. “Sadly this is no surprise from a Police Commissioner who believes no one in Boston ‘needs’ a rifle or a shotgun. The US Constitution that Commissioner Evans has sworn to uphold has a Bill of Rights, not a bill of needs. This is just one more tool that the Boston Police use to prevent the people of Boston from exercising a fundamental right.”


Despite federal law to the contrary, the department refuses to acknowledge that a valid US passport is proof of US citizenship. The Plaintiff attempted to apply for a ‘License to Carry’ on several occasions but was turned away by the Boston Police Department because he did not possess the requisite birth certificate or certificate of naturalization. Mr. Ngo became a US citizen as a minor child when his father became a citizen. Mr. Ngo does not possess nor is he able to obtain either a US birth certificate or certificate of naturalization. Mr. Ngo was repeatedly told that his valid US passport would not be accepted.


In refusing to acknowledge a valid US passport as evidence of citizenship, the complaint alleges that the Boston Police have trampled upon Mr. Ngo’s rights under the Second and Fourteenth Amendments to the Constitution, as well as violated the Supremacy Clause of Article IV of the US Constitution.


Plaintiffs are represented by attorneys Margarita Smirnova and J. Steven Foley.

Frankly, I don’t see that Boston has a leg to stand on but that certainly has NOT stopped anti-gun bureaucrats in the past.

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How Do Silencers Work?

September 24, 2014 by 2 Comments

I am a sucker for a really good infographic and SilencerCo has put one out. They are the Utah-based manufacturer of silencers/suppressors for rifles, pistols, AND shotguns.

SilencerCo has always put a lot of effort into educating people on the legality, history, and usage of silencers. This infographic is their latest effort. Interestingly enough, it has caught the attention of the business press. BusinessInsider ran a story featuring the infographic below on Monday. Unlike most stuff you see in the media, it was accurate and non anti-silencer.

As someone who has a hearing related problem – tinnitus – due to shooting without hearing protection earlier in life, I really wish silencers and suppressors were not NFA items. At most, they should be listed as AOW or any other weapon and have a $5 transfer fee. The reality is that hearing loss is a public health issue and silencers, despite all the myth and legend about them coming out of Hollywood, are a hearing safety device.

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Now Why Would The ATF Be Asking About Internet Sales?

September 23, 2014 by 13 Comments

The gun prohibitionists are always in a tizzy about “the Internet sale of guns”. Everytown Moms for Illegal Mayors is making a big deal about “Internet sales” in the campaign for the Washington State universal background check initiative I-594. That initiative, if passed, would mandate universal background checks for all sales and transfers of firearms. Of course, they are being helped by their allies in the Seattle media with articles like this giving the impression that Facebook is just one big gun exchange.

Here is what the Brady Campaign sent out to their true believers in their Toolkit 2014 which provides suggestions for contacting legislators and letters to the editor along with their general campaign strategy.

Unfortunately, when the bill (Brady Law) was created legislators could not have dreamed of the booming internet
market and rising gun shows as a means for gun sales. Current law does not require a background
check through these venues, meaning that a dangerous person could order a firearm online, meet
someone in a parking lot to pick it up, and commit a crime that same day. In fact, there are several
instances of this exact tragedy happening.

Gabby Giffords and the Space Cowboy are not to be outdone. Their “in-depth” report purportedly shows how the Internet is being used to circumvent laws banning firearm possession by the mentally ill. They are also pushing background checks as an issue in the race for Giffords’ former Congressional set in their ads against Col. Martha McSally.

The Violence Policy Center has been on this bandwagon since the late 1990s as have anti-gun politicians such as Sen. Chuck Schumer (D-NY).

You and I realize that companies like CDNN, Bud’s Gun Shop, Cheaper Than Dirt, and Kentucky Gun Company among others are not shipping firearms willy-nilly across the country like they are living in some pre-GCA 68 world where anyone could mail order a gun and get it delivered to their home. Moreover, as traditional classified advertising is dying in newspapers due to the cost and declining readership, it is being replaced with online venues ranging from the general to the specific. Many gun forums maintain their own classifieds.

It is within this context that I was surprised by a new question on the ATF Form 8 ((5320.11) Part II. This form is for the renewal of a Federal Firearms License I have circled it in the photo below. Having had my Curios & Relics FFL for going on 18 years, this will make my sixth renewal of my collector’s license. My last renewal was in 2011 and it did not have this question on it.

It asks, “Have you conducted or do you intend to conduct internet sales of firearms? If yes, list the websites from which you conduct your internet business.” If you go to this link, you can see that the prior version of ATF Form 8 did not have this question on it.

As best as I can determine, this is a recent change. The Federal Register contains a notice from ATF dated January 30, 2014 stating that they were submitting a request for review and approval of Form 8 (5310.11) and that the public had 60 days to comment. No draft of the form was shown. A subsequent notice extended this comment period to May 2, 2014.

The final revision was approved on June 26, 2014 according to this OMB database. (If you click on the form name in the link above, it will pull up a PDF of this form.) Reading the justification letter for this revision of Form 8, much ado was made about why they changed this or that question to make it more readable or easily understood. That said, there was absolutely no mention of Q. 8 and the inquiry about Internet sales of firearms. None.

So the question remains: why this question and why now? Is this a prelude to some future restrictions on the advertising for sale of firearms on the Internet? Why is this question not asked on initial applications for either a FFL or a Collector’s License? I don’t know because the ATF slipped it by OMB without any justification of it and they haven’t said anything publicly about Internet sales that I am aware.

As with all things ATF, this bears keeping a watchful eye on them and this issue.

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OK, Ruger, Now I’m Impressed

September 22, 2014 by 8 Comments

Ruger has been running a series of “Flash Sweepstakes” as a way to generate publicity for their new gun introductions. The only problem with the whole concept is that the new product needs to be worth the expectations.

For their first Flash Sweepstakes firearm, Ruger introduced their Gunsite Scout Rifle in 5.56/.223. The overwhelming reaction of the internet was “meh”. It is somewhat heavy, it requires the use of an expensive proprietary magazine, and it was merely introducing an existing rifle in another caliber. The Scout Rifle is a fine rifle in .308 and I really like mine. However, the Mossberg MVP in all its iterations uses regular AR-15 magazines due to its patented bolt system and has an MSRP approximately $300 less than the Ruger.

The next Flash Sweepstakes introduced a number of Ruger American Rifles in left-handed versions as well as “ranch” versions. The left-handed versions of the Ruger American were welcome if a bit overdue. I am seriously considered buying one in .243 Winchester for my step-daughter who wants to go deer hunting. That said, it was again a line extension that didn’t really break new ground.

And this leads us to the third Flash Sweepstakes. It promised that it was going to be a handgun. After the first two sweeps, I really wasn’t expecting much. I am pleasantly surprised to find that it is a Ruger LCR in 9mm Parabellum.

Revolvers in 9mm have been introduced in the past by Ruger and others but many are now out of production. The Ruger SP101 in 9mm commands a hefty premium in the used market – if you can find one. Smith and Wesson introduced their 8-shot Model 929 in 9mm this year with a MSRP of $1,189. You can also find revolvers in 9mm from both Taurus and Charter Arms.

Looking at the specs of the LCR 9mm, it appears that they used the frame from their .357 Magnum as the weight is 17.20 ounces versus 13.5 ounces for their original LCR in .38+P. Reading the introduction announcement below, no mention is made of the need to use moon clips. If it really is a 9mm revolver without moon clips, wow. Charter Arms makes the Pitbull and Smith & Wesson made the Model 547. No offense intended towards Charter Arms lovers (my first revolver was a Charter Arms .38 Special) but they don’t have a great reputation for reliability. The S&W 547 was reputed to be one of the more expensive guns to manufacture that they ever made. As to the LCR 9mm, with a MSRP of $599, expect to find it at the gunstore for much less. I paid $399 for the original LCR new in the box. I’m guessing $499 or less.

Sturm, Ruger & Co., Inc. (NYSE: RGR) announces the introduction of the 9mm LCR®, the newest variation of the revolutionary Lightweight Compact Revolver (LCR).

“Since its introduction in 2009, the LCR has become extremely popular with conceal carry customers seeking the simplicity of a revolver,” said Chris Killoy, Ruger President and Chief Operating Officer. “Customers have been asking for a 9mm version due to ammo availability and compatibility with pistols. We were listening and have added a 9mm version of the LCR,” he concluded.

The newest LCR retains all the features of the critically acclaimed original LCR. Its double-action-only trigger pull is uniquely engineered with a patented Ruger® friction reducing cam fire control system. The trigger pull force on the LCR builds gradually and peaks later in the trigger stroke, resulting in a trigger pull that feels much lighter than it actually is. This results in more controllable double-action shooting, even among those who find traditional double-action-only triggers difficult to operate. The LCR is elegantly designed with three main components: a polymer fire control housing, monolithic frame, and an extensively fluted stainless steel cylinder. When originally introduced, the Ruger LCR revolver was one of the most significant new revolver designs in over a century and it has since been awarded three patents.

In addition to 9mm Luger, the LCR double-action-only model also is available in .38 Spl. +P, .357 Mag., .22 WMR. and .22 LR. The exposed hammer LCRx™, which can be fired in double- or single-action modes, is available in .38 Spl. +P. All LCR models feature replaceable ramp front sights with white bar, and a fixed U-notch rear sight. Some models are available with Crimson Trace® Lasergrips® instead of the Hogue® Tamer™ Monogrip®, which comes standard.

I’ll be interested to hear the reaction of Grant Cunningham to this new revolver on the next episode of The Gun Nation podcast.

UPDATE: Thanks to the lead in the comments from Overload in Colorado, I did find out that the Ruger LCR 9mm does use moon clips. They are selling them in the ShopRuger store in 3 packs. I wish Ruger engineers could have devised a non-moon clip solution without greatly increasing the cost of manufacture. Obviously they couldn’t. Still, I am happy to see the LCR in 9mm. It’s not a game changer but it is a welcome addition to the line and excites me more than the other two new introductions.

UPDATE II: Ruger released a video of the LCR 9mm including use of its moon clips.

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Draft Agenda For The 2014 Gun Rights Policy Conference Released

September 22, 2014 by 2 Comments

The Second Amendment Foundation sponsored Gun Rights Policy Conference is almost here. It starts this coming Friday evening in Chicago at the Hyatt Regency – O’Hare Airport. The draft agenda has been released and it is jam-packed.

I plan to be there as will my fellow co-hosts of The Polite Society Podcast, Paul Lathrop and Rob Morse. If you are going to be there, please make sure you introduce yourself.

Herewith is the draft agenda:

29th Annual Gun Rights Policy Conference
September 26-28, 2014
Hyatt Regency Chicago O’Hare Airport

FRIDAY, September 26, 2014—International Ballroom

7:00 p.m. Registration Table Opens

7:00-9:00 p.m. Reception with Cash Bar

Co-hosted by Citizens Committee for the Right to Keep and Bear Arms & National Shooting Sports Foundation (NSSF)

SATURDAY, September 27, 2014—Rosemont Ballroom

7:30 a.m. Registration Table Opens

Beverages hosted by Women & Guns Magazine and Jews for the Preservation of Firearms Ownership

8:00 a.m. CALL TO ORDER

Moderator—Julianne Versnel, publisher, Journal on Firearms & Public Policy, director of operations, SAF
Star Spangled Banner – Colleen Lawson, plaintiff, McDonald v. Chicago
Trooping of the Colors – American Legion Post 206 – Arlington Heights, Illinois
Pledge of Allegiance—Rhonda Ezell, plaintiff, Ezell v. Chicago
Invocation—TBD

8:15 a.m. State of the Gun Rights Battle

Welcoming Remarks

The Road Traveled—Joseph P. Tartaro, editor of TheGunMag.com, president,
Second Amendment Foundation (SAF)
The Road Ahead—Alan M. Gottlieb, chairman, Citizens Committee for the Right to
Keep and Bear Arms (CCRKBA) and founder, SAF

8:30 a.m. Federal Affairs Briefing

Mark Barnes, President, Mark Barnes Associates, CCRKBA federalist lobbyist
Jeff Knox, Director, The Firearms Coalition, founder of GunVoter.org
Larry Pratt, Executive Director, Gun Owners of America
Seth Waugh, director of Government Relations- Federal Affairs, NSSF

9:00 a.m. Disarming the Jews and “Enemies of the State”

Stephen P. Halbrook, Esq., Research Fellow at the Independent Institute

9:15 a.m. State Legislative Affairs Briefing I

Philip Van Cleave, president, Virginia Citizens Defense League
Scott Bach, chairman, Association of NJ Rifle and Pistol Clubs, board member, NRA
Jim Wallace, executive director, Gun Owners Action League (GOAL) Massachusetts
Richard Pearson, executive vice president, Illinois State Rifle Association
Sean Maloney, Esq., Buckeye Firearms Association leader
Stephen Aldstadt, president, Scope NY, Inc. (Shooters Committee on Political Education)

10:00 a.m. Beverage break hosted Ruger

10:15 a.m. State Legislative Affairs Briefing II

Jerry Henry, executive director, Georgia Carry.org
Paul Valone, president, Grass Roots North Carolina
Sean Caranna, co-executive director, Florida Carry.org
Tony Montanarella, board member & past president, California Rifle and Pistol Association
Andrew Rothman, vice president, Gun Owners Civil Rights Alliance MN
Hon. Phillip Journey, vice president, Kansas State Rifle Association

11:00 a.m. Collision Course: Our Second Amendment and the International Gun Control Agenda

Mark Westrom, president, Defense Small Arms Advisory Council
D. Allen Youngman, executive director, Defense Small Arms Advisory Council
Julianne Versnel, director of operations, Second Amendment Foundation

11:30 a.m. Special Address

Jack McCauley, former Captain, Maryland State Troopers, investigative consultant

11:45 a.m. Recess and break to prepare for box luncheon

12:00 p.m. Awards Luncheon

Hosted by American Legacy
Master of Ceremonies, Tom Gresham, host of Gun Talk radio
Address by Alan Gura, Esq., litigator in the Heller and McDonald Supreme Court cases

Awards presentations

1:30 p.m. Recess Break

1:45 p.m. Winning Firearms Freedom One Lawsuit at a Time

Dan Schmutter, Esq., legal counsel, Association of New Jersey Rifle & Pistol Clubs
Eric Friday, Esq., litigator for Florida Carry and Second Amendment Foundation
Miko Tempski, Esq., general counsel, Second Amendment Foundation
David Sigale, Esq., attorney for SAF in several gun rights actions
David Jensen, Esq., attorney for SAF in several gun rights actions
David Kopel, Esq., law professor and litigator in Colorado gun law challenge
Paloma Capanna, Esq., litigator and policy analyst, Second Amendment Coalition Resource Center (NY)

2:45 p.m. Pro-Second Amendment Allies and Resources

Bill McGrath, legislative director, Safari Club International
Rick Patterson, vice president, Sporting Arms & Ammunition Manufacturers Institute

3:15 p.m. Beverage service hosted by Cheaper than Dirt

3:30 p.m. Gunowners and the Mid-Term Elections

John Fund, national affairs correspondent, National Review Online

3:45 p.m. The Anti-Gun Troika: Background Checks, Microstamping & Smart Guns

Alan Gottlieb, chairman, Citizens Committee for the Right to Keep and Bear Arms
George Owens, director of legislative affairs, Alabama Gun Rights
Stephen D’Andrilli, president, ArbalestQuarrel.com

4:15 p.m. Bloomberg’s false claims about guns.

John Lott, PhD, economist and columnist for Fox News, president, Crime Prevention Research Center

4:30 p.m. Targeting ‘Gun Free’ Zones

Massad Ayoob, trustee, Second Amendment Foundation, author, founder, Lethal Force Institute
John Edeen, MD, pediatric surgeon, Texas Hospital activist
Chris Bird, firearms instructor, author, Thank God I Had a Gun, Second Edition

5:00 p.m. Building Effective State Legal Action Organizations

Gene Hoffman, CalGuns Foundation
Thomas Bolioli, Commonwealth Second Amendment Foundation

5:20 p.m. Expanding Train Me Arizona Nationwide

Alan Korwin, author & publisher of Firearms Law Books

5:30 p.m. Q & A on Saturday session

6:00 p.m. Announcements and Adjournment

6:30-9:00 p.m. Reception with Cash Bar— International Ballroom

Hosted by Second Amendment Foundation and US Concealed Carry Association (USCCA)

SUNDAY, September 28, 2014—Rosemont Ballroom

8:15 A.M. Registration Table Opens

Beverage service hosted by TheGunMag.com and Keep and Bear Arms.com

8:50 a.m. CALL TO ORDER

Moderator: Peggy Tartaro, editor of Women & Guns, board member CCRKBA

9:00 a.m. Shootout at the Airwaves Coral

Tom Gresham, host of Gun Talk radio and TV shows, CCRKBA board member
Mark Walters, host of Armed America Radio

9:30 a.m. A First Amendment Guide to the Second Amendment

David Kopel, Esq., research director, Independence Institute, adjunct professor of constitutional law,
Denver University Sturm College

9:45 a.m. Science vs. Fiction in Public Health Policy

Vikram Khanna, Editor at Large, THCB’s Wellness, blogger at “Khanna on Health”
Robert B. Young, MD, distinguished Fellow of the American Psychiatric Association
Timothy Wheeler, MD, Founder, Doctors for Responsible Gun Ownership, co-author, Keeping Your Family Safe

10:15 a.m. Expanding Carry Options for America

Tim Schmidt, Founder, U.S. Concealed Carry, Inc., Publisher, Concealed Carry Magazine

10:30 a.m. Tackling Media Bias on Guns and Gunowners

Charles Heller, host, Liberty Watch Radio
Malia Zimmerman, editor, Hawaii Reporter
Don Irvine, president, Accuracy in Media

11:00 a.m. Investigating Gun Related News and the Rise of the Citizen Journalist

David Codrea, Unauthorized Journalist
Dave Workman, senior editor, TheGunMag.com

11:20 a.m. The Bigger Picture Second Amendment

Doug Ritter, founder and chairman, KnifeRights.org
Jennifer Coffey, former NH state representative, legislative liaison Second Amendment Sisters

11:45 a.m. Q&A on morning panels

12:00 Noon Report of the Resolutions Committee

Genie Jennings, Maine activist and Women & Guns columnist
Don Moran, president, Illinois State Rifle Association
Stephen Aldstadt, president, Shooters Committee on Political Education (SCOPE, Inc.) NY
Herb Stupp, Board Member, Citizens Committee for the Right to Keep and Bear Arms
Robert Weist, Trustee, Second Amendment Foundation
Ainsley Reynolds, Citizens for a Safer New Jersey
Joe Waldon, Legislative director, Citizens Committee for the Right to Keep and Bear Arms
Andrew Queen, president, Fidelity Security

1:00 p.m. Closing remarks and adjournment

Alan M. Gottlieb and Joseph P. Tartaro

After the conference ends, there will be a workshop led by the Leadership Institute entitled, “The Gun Owners Elected Official Accountability Workshop” that will run from 1:30pm until 3:30pm. It is a free workshop that is intended to maximize the effectiveness of gun owners as citizen lobbyists. If you have a late flight or are local to the Chicago area, I think it would make a worthwhile add-on to your time at the conference. Did I mention it was free?

If you’d like to attend the workshop, let Jessica Brown know at Jessica.Brown@liberty.seanet.com 

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The FIREARM Act Or Don’t Be Racial Profiling Me, Bro

September 22, 2014 by 5 Comments

The Bureau of Alcohol, Tobacco, Firearms, and Explosives added an ethnicity question to the Form 4473 in 2012. Prior versions only asked about the purchaser’s race. Question 10a now asks if you are Hispanic or Latino or Not Hispanic or Latino. I guess that is because they wanted to distinguish the White Hispanics from the Asian Hispanics from the Pacific Islander Hispanics. With the US government’s definition of Hispanic and Latino being what it is, the later two categories that I mentioned are indeed possible given the migrant Japanese and Chinese populations living in countries like Peru as well as the Pacific Islanders living on Easter Island which is part of Chile.

I should note that Question 10b which asks about race does not include any provision for people who could best be classified as either bi-racial or multi-racial. Of course, the BATFE being the bureaucrats that they are, they insist on both questions being answered.

Given that everyone purchasing a firearm through a FFL must go through a NICS background check, it really should not matter what race or ethnicity you are. That is the position that Rep. Diane Black (R-TN) and Rep. Ted Poe (R-TX) are taking with the introduction of The FIREARM Act.

Black, Poe Introduce the FIREARM Act

Legislation prohibits the federal government from requiring race or ethnicity to be disclosed when purchasing a firearm.

Washington, D.C. – Today, Reps. Diane Black (R-TN-06) and Ted Poe (R-TX-02) introduced the FIREARM (Freedom From Intrusive Regulatory Enforcement of Arbitrary Registration Mandates) Act – legislation to prohibit the federal government from requiring race or ethnicity to be disclosed in connection with the purchase of a firearm. In 2012, the Obama Administration quietly began requiring the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to record firearms purchasers’ race and ethnicity.

“This requirement by the ATF is highly intrusive and unnecessary,” said Congressman Black. “Failing to adhere to this requirement by not checking all of the correct boxes on the 4473 Form is considered an ATF violation that can be so severe as to result in the gun dealer being shut down for having incomplete purchaser forms. This is causing a headache for many firearms retailers and this commonsense legislation would simply stop the federal government from requiring businesses and consumers to comply with this ‘race and ethnicity standard.’”

“Washington bureaucrats have no business requiring citizens who are lawfully purchasing firearms to disclose their race or ethnicity,” said Congressman Poe. “Under this rule, both gun dealers and purchasers face the threat of federal prosecution for not disclosing race or ethnicity on a form. This is an intrusive and unnecessary requirement. As long as the gun is purchased lawfully, race or ethnicity should be irrelevant.”

The ATF’s justification for this requirement stems from a “race and ethnicity standard” devised by the Office of Management and Budget (OMB) almost 20 years ago. According to the OMB, the 4473 Form was to be updated by ATF by 2003; however, there is no federal law requiring this administrative directive. Why, almost 10 years later, is the federal government requiring gun store owners and purchasers to record race and ethnicity? Failing to adhere to this requirement — if the boxes are left blank — can result in the ATF shutting down the business for having incomplete purchaser forms.

The language of the bill is quite simple.

SEC. 2. PROHIBITION ON THE FEDERAL GOVERNMENT TO
REQUIRE RACE OR ETHNICITY TO BE DIS-
CLOSED IN CONNECTION WITH THE TRANS-
FER OF A FIREARM.

The Federal Government may not require any person
to disclose the race or ethnicity of the person in connection
with the transfer of a firearm to the person.

I think this is a reasonable bill that might make it out of committee but that will never make it to Barack Obama’s desk for signing. It might pass the House but it won’t go anywhere in the Senate.

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It’s Not A Tradition; It’s A Civil Right

September 17, 2014 by 7 Comments

Yesterday marked the first anniversary of the Navy Yard murders. Calling it merely a “shooting” serves to focus on the tool while mitigating the evil intent of the murderer.

To mark the anniversary, President Obama released the following short statement:

One year ago, our dedicated military and civilian personnel at the Washington Navy Yard were targeted in an unspeakable act of violence that took the lives of 12 American patriots. As we remember men and women taken from us so senselessly, we keep close their family and friends, stand with the survivors who continue to heal and pay tribute to the first responders who acted with skill and bravery. At the same time, we continue to improve security at our country’s bases and installations to protect our military and civilian personnel who help keep us safe. One year ago, 12 Americans went to work to protect and strengthen the country they loved. Today, we must do the same – rejecting atrocities like these as the new normal and renewing our call for common-sense reforms that respect our traditions while reducing the gun violence that shatters too many American families every day.

First, let me point out, that keeping our military bases and installations gun-free zones protect no one. They only serve to provide an easier working environment for deranged psychopaths.

Next, using the anniversary of the murders of Navy personnel to call for more gun control – “common-sense reforms” – is nothing more than blood dancing. Just like the children murdered at the school in Newtown, the 12 civilian personnel who died appear to be nothing more than debating points to be used by the White House in its quest for more and more gun control.

Finally, the Second Amendment and the right to keep and bear arms is not a tradition. It is a Constitutional amendment that recognized a pre-existing civil right. And as the Supreme Court affirmed in the Heller decision, it is an individual right. Saying that you want to “respect our traditions” conjures up the image of men and boys in a deer camp clad in red and black plaid wool coats and toting Winchester 94s and Marlin 336s. To refer to it as a tradition denigrates what are essential civil and human rights – the right to self-defense and the right to overthrow a tyrannical government. The right to keep and bear arms helps to assure both of those rights.

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Costing The Anti’s Some Money

September 13, 2014 by 26 Comments

I got an email the other day from Mark Kelly (aka Mr. Gabby Giffords) offering me a copy of the new book that he and Giffords just wrote.

Gabby and Mark wrote a new book that’s coming out at the end of this month. It’s called Enough, and it’s about why they are working to keep America safe from gun violence.


We know that some people might contribute less than the book costs, and that’s OK.

 I took them at their word. While I tried to contribute what the book was worth – $0.01 – it wouldn’t let me. However, it did let me contribute a mere buck.

The way I figure it the cost of postage using Media Mail is at least $2.69. The book which has a MSRP of $25 and is selling for $18.63 on Amazon must cost them at least $5 a copy.

Thus, for an investment of $1, I’m costing Americans for Responsible Solutions a minimum of  $7.69. That is a net $6.69 that can’t be used to take away my civil rights.

Now I’m not suggesting you do this but if you’d like to take them up on their offer, go here. You’ll end up costing them some money and you’ll be able to keep an eye on what the anti’s are up to.

UPDATE: As a commenter below has mentioned, it now takes a $25 or more donation to get the book. At that price, they can keep it.

Thanks for your interest in supporting Americans for Responsible Solutions PAC. This promotion has ended at this time. However, you can still receive a copy of Gabby Giffords and Mark Kelly’s book Enough with a donation of $25 or more on this page.

Nonetheless, it reads as if those of us who “donated” a buck will still get the book.

Take this as a reminder that our opponents may be misguided, misinformed, and malcontents but they aren’t stupid. I’m guessing, though I have no proof, that they woke up to the number of low donations that they started getting.

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Potential Good News In The Shaneen Allen Case

September 12, 2014 by 3 Comments

The NRA News is reporting on Facebook that Atlantic County Prosecutor Jim McClain has requested a delay in Shaneen Allen’s case while he reviews the appropriate resolution of the case.

BREAKING NEWS: The prosecutor in the Shaneen Allen case has requested her upcoming trial be delayed while he reviews the appropriate resolution of her case. Shaneen is the Philadelphia mother of two who became an unwitting victim of New Jersey’s gun laws. Stay tuned for the exclusive interview with Ginny Simone and Shaneen’s attorney Evan Nappen coming soon.

The interview by Ginny Simone and Cam Edwards with Shaneen Allen and her attorney Evan Nappen is below.

Hopefully, this will turn out well for Ms. Allen. She deserves something good to happen after all that she has lost due to the prosecutor’s intransigence and New Jersey’s utterly ridiculous laws.

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A Question For NJ Prosecutor Jim McClain

September 12, 2014 by 5 Comments

Atlantic County, NJ Prosecutor Jim McClain broke his silence on the Ray Rice assault case Wednesday. According to the Press of Atlantic City, McClain said:

“Even if they disagree with why I did what I did, I just want people to know the decision was made after careful consideration of the law, careful consideration of the facts, hearing the voice of the victim and considering all the parameters,” he said. “I want people to have confidence in this agency, even if they don’t agree with everything we do.”

Rice was charged with third-degree aggravated assault causing serious bodily injury. Third-degree charges — especially for someone like Rice with no criminal record — carry a presumption of no incarceration.

To result in a second-degree aggravated assault charge, a crime has to involve “serious,” or permanent, bodily injury. There is no first-degree charge of aggravated assault.

“People need to understand, the choice was not PTI versus five years’ state prison,” McClain said. “The choice was not PTI versus the No Early Release Act on a 10-year sentence. The parameters as they existed were: Is this a PTI case or a probation case?”

 Confidence in this agency? Is Mr. McClain making a joke?

Let me see if I have this straight. An NFL player with a multi-million dollar contract punches his wife-to-be in the head so severely that she is knocked unconscious. Reading some of the boxing literature on knockouts, the force of the punch causes the brain “to smash against the inside of the skull, near the base of the skull” from inertia. Being knocked out may also involve a concussion and other brain injuries. 


The Association of Boxing Commissions consider this such a severe injury that boxers are given a minimum 60-day medical suspension from all boxing activity when KO’ed. Remember these are trained athletes who are engaging in a sport that involves hits to the head and body and not a young mother.


So my question for Atlantic County Prosecutor Jim McClain is this:  please explain how Shaneen Allen, a young mother with an unblemished criminal record and certainly no record of violence, who made an honest mistake due to a misunderstanding of the law and which hurt no one, is more of a menace to society than a  coddled star athlete with anger management issues who inflicted serious bodily injury on a woman.  The latter was given pre-trial intervention while the former is facing up to 10 years in prison even though she, as well, could have been given pre-trial intervention save for your intransigence.


To paraphrase Shakespeare, something is rotten in the state of New Jersey.


And lest readers think that Gov. Chris Christie is blameless in this whole affair, it was Christie himself who appointed McClain to be the County Prosecutor two years ago. Christie was criticized at the time over the quality of some of his prosecutorial nominations including McClain. We can see the basis for that criticism now all too well.