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Paul Ryan Is A Bitter Clinger

August 22, 2012 by 2 Comments

Yesterday in Carnegie, Pennsylvania, Rep. Paul Ryan (R-WI), the presumptive GOP vice-presidential nominee, reprised Barack Obama’s remark about bitter clingers. From The Hill:

Rep. Paul Ryan (R-Wis.) began resurrecting some of President Obama’s most famous gaffes on the campaign trail Tuesday, reminding a crowd assembled at a Pennsylvania steel plant of the president’s remark four years ago that some voters are “clinging to their guns and religion.”

“Remember this other time when he said people want to cling to their guns and religion?” Ryan said. “Hey, I’m a Catholic deer hunter, I’m happy to be clinging to my guns and religion.”

I remember Carnegie well because that is where we stayed while attending the 2010 NRA Annual Meeting in Pittsburgh. I seem to remember that many of the people staying at our motel were bitter clingers as well. Not to mention we took this picture on the way home from it.

You can see Ryan’s comments in the video below.

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Cal Bureau of Firearms Slapped Down For Unlawful “Underground Regulation”

August 21, 2012 by

The California Office of Administrative Law just slapped down the California Department of Justice, Bureau of Firearms for their “underground regulation” of “assault weapons”. The Bureau of Firearms was refusing corporations permits to own so-called assault weapons and .50 BMG rifles contending only individuals could obtain these permits.

I’ll let the release from Cal-FFL complete the story:

Reference: CA OAL determination at http://www.scribd.com/doc/103439872/Cal-FFL-2012-OAL-Determination-re-DOJ-Corporation-AW-Permits

MORGAN HILL, CA – In a significant decision for firearms manufacturers, dealers, and purchasers throughout California, the State of California’s Office of Administrative Law (OAL) determined that the California Department of Justice, Bureau of Firearms’ prohibition against the issuance of “assault weapon” permits to corporations and other entities to be an unlawful “underground regulation.” Jay Jacobson of Franklin Armory petitioned the Office of Administrative Law after being informed by the Bureau of Firearms that only “individuals” could apply for permits.

“As a California businessman, I strive to comply with all requirements of the law – and so must DOJ,” said Jacobson. “Companies in the firearms industry, like ours, often face a dilemma of whether to stand up and challenge the regulatory agency that holds licensing authority over them or just accept and submit to unlawful policies. We chose to act in favor of a final resolution and, thankfully, had the support of the firearms community and Cal-FFL.”

As reported by Cal-FFL in April, the DOJ had held steadfast by its opinion that only “individuals” are able to obtain permits to sell “assault weapons” or “.50 BMG Rifles”. However, the express text of Penal Code section 16970 states that “any entity” within the definition of “persons” may obtain such permits. Franklin Armory argued that the DOJ policy conflicted with the express language of the Penal Code, which defines “person” for the purposes of the Assault Weapon Control Act as “an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created.” In spite of the clear language of the Code, DOJ disagreed, arguing that the language does not permit corporations to obtain the requisite permits to manufacture and sell such firearms. OAL’s determination put the matter to rest.

“This has been an issue for years,” said firearms and civil rights attorney Jason Davis. “We had requested that this policy be abandoned in 2003, but the previous administrations refused and the underground regulation was perpetuated. Until Franklin Armory decided to take action, with Cal-FFL’s support, the willingness within the firearms industry to challenge DOJ on this issue simply didn’t exist.”

OAL received comments in support of Franklin Armory’s petition from Brandon Combs of California Association of Federal Firearms Licensees, Inc., as well as attorney Clinton B. Monfort of Michel and Associates, P.C.

“This action should eliminate the burden, both financial and procedural, that law-abiding businesses face in this segment of the fast-growing firearms market,” said Brandon Combs of California Association of Federal Firearms Licensees, Inc. “Though we often find ourselves on opposite sides of issues, we appreciate the DOJ’s professionalism throughout the process and look forward to working closely with their representatives to ensure a smooth application of this determination.”

The OAL Determination is captioned as 2012 OAL Determination No.8 (OAL FILE NO. CTU2012-0207-01) and can be viewed at http://www.scribd.com/doc/103439872/Cal-FFL-2012-OAL-Determination-re-DOJ-Corporation-AW-Permits.
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California Association of Federal Firearms Licensees (www.calffl.org) is California’s premier non-profit industry association of, by, and for firearms manufacturers, dealers, collectors, training professionals, shooting ranges, and others, advancing the interests of its members and the general public through strategic litigation, legislative efforts, and education. For more information or to join, please visit Cal-FFL.

Franklin Armory (www.franklinarmory.com) is part of a California corporation that has been in operation for over 20 years and specializes in producing legal firearms for restrictive jurisdictions such as California. They also build full feature firearms for “free” states. Every firearm produced at their facility in Morgan Hill, California, is made with 100% American made parts & materials.

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Defacto Concealed Carry In Edwards County, Illinois

August 21, 2012 by 8 Comments

State’s Attorney Mike Valentine of Edwards County, IL is refusing to prosecute residents of that county for carrying concealed firearms so long as they are otherwise law-abiding citizens. Moreover, it looks like other Illinois State’s Attorneys might be joining the bandwagon.

But Bloomington’s McLean County, population 170,000, may soon announce a similar policy.

State’s Attorney Ronald Dozier told us he’s already sent a legal memo to other Illinois prosecutors explaining his belief that it’s unconstitutional to ban the carrying of loaded firearms in public. Some are outraged.

The usual suspects are “outraged” but a spokesperson for Attorney General Lisa Madigan says that they “are not the boss of state’s attorney” noting that they are independently elected.

According to the FoxChicago story, one Chicago area state house member, State Rep. La Shawn Ford (D-Chicago) is proposing a Faustian alternative. He would agree to let individual counties set their own policy regarding concealed carry in exchange for banning “assault weapons”.

If I were an Illinois resident I would tell Mr. Ford that his Devil’s pact doesn’t cut it. Not only would it ban the most popular rifle in America but it would create a patchwork of conflicting laws designed to snare the unwary. There is a reason most states have state pre-emption statutes.

Chicago News and Weather | FOX Chicago News

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Summer’s Over; School Begins Again

August 20, 2012 by 2 Comments

Tonight my summer comes to a close.

Classes begin for the fall semester today and I begin another school year teaching financial planning and retirement planning. My syllabus is done and printed. I have my first lecture done and have their homework assignment prepared. I don’t have new school clothes but I’m a bit old for that anyway!

After teaching the same class for six years, things begin to get a little stale and you find yourself going through the motions at times. That is why I’m glad that they’ve revamped my intro course to open it up to non-Finance majors. The class title has gone from “Introduction to Financial Planning, Risk Managment, and Insurance” to “Managing (Your) Money for Financial Success.”

Instead of just prepping Finance majors to be advisors and planners, I’ll be trying to give undergraduates some life skills. It is not that the former isn’t important – it is – but getting college students started on the right track financially is more important. I’ll be lecturing on things like credit card debt and FICO scores as well as investments and insurance.

The only downside is that I’ll be stuck in a officially-mandated by state law gun-free zone. Before it is suggested that I ignore this, under NC General Statutes § 14‑269.2. it is a felony for me to knowingly possess a firearm on campus. The only defense I have is to be in a state of heightened awareness – and to know where to find a fire extinguisher.

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Ben Stein On The Need For Gun Control…Or Not

August 19, 2012 by 6 Comments

Economist, lawyer, and actor Ben Stein provides an occasional editorial comment on CBS’s Sunday Morning. Today’s topic was gun control. Contrary to what one usually gets on guns from the mainstream media, this was actually good.

Stein felt the calls for more gun control as well as the attempts to demonize the NRA are misplaced. He pointed out that in places like Chicago, LA, and DC which have strong gun control laws there are many more shootings than in a place like northern Idaho where carrying guns is quite common. While Stein is not sure what the correct answer is, gun control isn’t it.

We know that gun control is a failure and that it will never stop madmen. If we want to prevent the aberrant shootings like Virginia Tech and Aurora, Colorado, I think the answer lies in the mental health realm. This is what Clayton Cramer has been saying for a while now and I think he is correct.

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A Dukakis Moment?

August 19, 2012 by 1 Comment

There must be something in the water up in Massachusetts. I can’t think of anything else to explain the propensity of liberal Democrats to sit atop heavy metal to prove their toughness.

First, there was former Gov. Michael Dukakis who rode on a M1A Abrams tank in 1988. That image plus the Willie Horton ads probably doomed his presidential campaign as much as anything.

Now we have Harvard Law professor and US Senate candidate Elizabeth Warren pictured astride a Harley. You can almost hear her saying, “Vroom, vroom!” It was tweeted by Emily’s List which seeks to support liberal female candidates. However, it was pretty stupid as people are already calling it her Dukakis moment.

Rather than calling it a Dukakis Moment, I think Fauxcahontas just wants to be like JayG of the gun blog MArooned.

H/T Legal Insurrection

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CBS This Morning Notices Rising Gun Sales

August 18, 2012 by 1 Comment

In a relatively balanced report, CBS’s Tammy Leitner discusses the rise in new gun sales in the United States for CBS This Morning. Interviewed for the story that aired yesterday are a Los Angeles mom who wants to protect herself and her kids and Alan Gottlieb of the Second Amendment Foundation.

CBS attributes the rise in gun sales to a bi-fold fear of rising crime and fear of the gun control measures a second Obama Administration might push. I don’t disagree fear is one of the driving factors behind rising gun sales. However, I don’t think it is the only factor in the growth of gun sales. Other factors that didn’t make the story is that shooting is fun as well as the desire by many to take responsibility for their own safety. Taking responsibility does not have to be driven by fear. It is more akin to buying property and casualty insurance. You hope that you never have to use it but it is smart risk management to protect against great loss.

Ruger’s suspension of new orders is referred to but erroneously states that they are still refusing the new orders.  They resumed taking new orders on May 29th.

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Happy Airborne Day – A Day Late

August 17, 2012 by 5 Comments

I didn’t realize that yesterday was the officially designated National Airborne Day. The first official Army airborne jump was made on August 16, 1940. Thus August 16th was the day was designated by Congress in 2001 to honor those who have or are serving in the US Army Airborne.

So while it is a day late, I’d like to recognize two fellow gun bloggers who served in the 82nd Airborne Division: Kurt Hoffman and Sean Sorrentino. They, much like the Airborne is to the Big Army, are at the forefront of the fight to preserve our Second Amendment rights.

So to them and all the others who served in the various Airborne divisions, brigades, and other such units, thank you for your service.

If I have missed other gun bloggers who are airborne vets, let me know in the comments.

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University Of Colorado Provides Safe Zones For Thugs And Rapists

August 16, 2012 by 11 Comments

While the University of Colorado System may disagree with that headline, this is essentially what they have just done with their new housing policy. The University is using housing contracts to segregate those with concealed carry permits from those without permits.

From the Denver Post:

The University of Colorado Boulder and University of Colorado Colorado Springs are amending their student housing contracts, segregating students who possess a valid concealed-carry permit.

The university said Thursday morning that both campuses will establish a residential area for residents over age 21 with a permit. In other residential areas, students will not be permitted to carry a concealed weapon, the new policy states.

The new housing policy does two things. First, it seeks to use contract law to negate the ruling of the Colorado Supreme Court which stated that the University of Colorado did not have the power to ban concealed carry on campus. Second, and more insidiously, it points out to thugs, rapists, and other criminals areas on campus where they will be relatively safe. That is, by creating obvious gun-free zones, the University System has put a big red target on the back of all those students living in traditional undergraduate student housing.

The University of Colorado-Boulder is a bit more explicit about how they plan to segregate students.

The University of Colorado Boulder today announced it is amending housing contracts to ask students who live in undergraduate residence halls and hold a Colorado concealed carry permit, or CCP, to forgo bringing a handgun to campus. The campus also will accommodate those who hold a CCP in a graduate student housing complex off the main campus, provided the permit holders store their weapon in a safe within their dwelling when they are not carrying it.

The university also is asking residence advisers and faculty who live in university housing to sign the same housing agreement as a condition of their residence in these facilities.

According to the University’s “analysis”, only 0.6% of faculty, staff, and students possess a Colorado Concealed Carry Permit as if this makes a difference. About the only reasonable thing the University does do is allow students who are in undergraduate student housing and who obtain a permit to be let out of their housing contract without a penalty.

Checking the housing contract, it doesn’t seem to have been amended to reflect the new university policy. It refers on to the residence hall weapon policy and makes no mention of the above exception for getting out of the contract without a penalty. The residence hall weapon policy can be found here. It still states that “Firearms, explosives, ammunition, and dangerous weapons or materials are not permitted within or upon the grounds, buildings, residence halls, or any other facilities of the university.” This would seem at odds with the Colorado Supreme Court ruling.

One last note on the Boulder campus’ weapon policy, they ban squirt guns and Nerf guns as “dangerous weapons”. I would wager that fewer people will be injured on the Boulder campus with either a squirt gun or a Nerf gun than will be hurt by their explicit demarcation of locations where one can and cannot live while possessing a concealed carry permit.

UPDATE: The student newspaper at the University of Colorado-Boulder, the Daily Camera, interviewed attorney Jim Manley of the Mountain States Legal Foundation about the new policy. Jim won the Colorado Supreme Court case which is forcing the university to allow concealed carry on campus. He is also a 2008 graduate of the University of Colorado Law School.

The new rules announced Thursday are troubling to James Manley, the attorney from the Mountain States Legal Foundation, who represented the student gun-rights group that brought the original lawsuit against CU’s gun ban.

“We’re going to take a hard look at the language, and if it conflicts with the concealed-carry act ruling of the Supreme Court, all options are open to us, including continuing the litigation that CU lost in March,” Manley said.