Uncategorized

Kachalsky v. Cacace – Oral Arguments Before The 2nd Circuit Court Of Appeals

September 11, 2012 by 1 Comment

Kachalsky v. Cacace was the second case filed by the Second Amendment Foundation after their Supreme Court win in McDonald. It challenged the State of New York’s requirement to show “good cause” before the issuance of a carry permit. Judge Cathy Seibel using intermediate scrutiny found for the defendants and against the plaintiffs saying that the State of New York had an important governmental interest in regulating carry. She also said that the Second Amendment protections as affirmed in Heller only applied to “hearth and home.”

Alan Gura filed a notice of appeal on September 12, 2011 to the 2nd Circuit Court of Appeals. The oral hearings were finally held late last month on August 22nd. The judges hearing the case were Judge Robert Katzmann (Clinton appointee), Judge Richard Wesley (George W. Bush appointee), and Judge Gerald Lynch (Obama appointee).

The 2nd Circuit does not automatically publish the audio file of the oral hearings unlike some other circuits like the 7th. Fortunately, thanks to a generous donor who paid for the audio files, Maryland Shall Issue was able to get a copy and has posted them on their website. You can find it here. The entire hearing runs for about 36 minutes.

Thanks to the contemporaneous notes sent to me by a reader who attended the hearings, I was able to follow most of it. The primary questioners of Alan Gura were Judge Wesley and Judge Lynch with the occasional question from Judge Katzmann. I have to admit that their accents are so similar to me that it was hard for me to distinguish between them.

Judge Wesley did admit to being an avid hunter but then went on to say that he didn’t know if handguns were the preferred weapon of choice for home defense. I guess it wouldn’t be too smart to call a judge a Fudd.

I think it went well enough and I share Sebastian’s cautious optimism on the outcome of the case. Alan Gura is an exceptionally skilled appellate attorney and held his own very well. When the judges would go off on tangents he would still make sure to reiterate his essential points regarding the Second Amendment, Heller, and carry.

Uncategorized

27 Months And Counting

September 10, 2012 by

I missed posting on this last week but the NSSF-adjusted NICS checks show a 27th straight month of increases compared to the same month in the prior year.

The August 2012 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 1,042,924 is an increase of 27.8 percent over the NSSF-adjusted NICS figure of 815,858 in August 2011. For comparison, the unadjusted August 2012 NICS figure of 1,514,696 reflects a 16.5 percent increase from the unadjusted NICS figure of 1,300,433 in August 2011.

According to the National Shooting Sports Foundation, this is the highest August on record.

As I note when reporting these figures each month, there is not a direct correlation between sales and NICS checks for a variety of reasons. The primary one is that a number of states such as Kentucky, Iowa, and Michigan use it for CCW purposes For example, as one reader pointed out to me last month, the Commonwealth of Kentucky runs a NICS check on each and every carry licensee monthly. Moreover, in many states, a concealed carry license substitutes for a NICS check. Thus, purchases by these CCW holders are not counted in the NICS check totals.

Nonetheless, the rise in NICS checks does show the broader trends in the firearm marketplace.

Uncategorized

What Is It With Bloomberg And His Illegal Mayors?

September 10, 2012 by 2 Comments

Yet another member of the Bloomberg’s Mayors Against Illegal Guns was arrested.



From NBC NY


The FBI early this morning took Trenton, NJ Mayor Tony Mack into custody on Federal charges of conspiracy and extortion. From NBC New York:

Mack faces federal charges including conspiracy to obstruct commerce by extortion. Joseph “JoJo” Giorgianni, a top campaign contributor, and six others were also taken into custody. Information on their attorneys wasn’t immediately available. Specific charges against the suspects are expected to be outlined by Paul Fishman, the U.S. Attorney for New Jersey, later Monday.

Mack and the others arrested Monday were brought to the FBI office in Hamilton for processing and are scheduled to appear in federal court.

The arrests are the latest development in an ongoing federal investigation into alleged corruption within Mack’s administration, which has been marked by accusations of nepotism and reckless spending. In July, FBI agents searched offices in Trenton City Hall a day after raiding the mayor’s home. They also searched the home of his brother, Ralpiel Mack, and that of Giorgianni.

Mack is listed as one of the New Jersey members of MAIG as seen here.

As I said in the headline, what is it with these Illegal Mayors? You have them being arrested on corruption charges, extortion, assault, and the list goes on.

UPDATE: According to Bitter, MAIG has scrubbed Mayor Tony Mack from their list of members.

Silly gun prohibitionists! The Interwebs never forget. And besides, David Codrea put up a screen shot of the MAIG website and Mayor Mack when he posted on this earlier this morning on his WarOnGuns blog.

Uncategorized

Crimson Trace Releases Their First Green Lasers

September 10, 2012 by 5 Comments

Crimson Trace has released their first four green lasers to the market. These include Laserguard models for certain 1911s, full sized Glocks, and the Springfield XD/XDm and the Rail Master for any firearm with a Picatinny rail.

Crimson Trace Releases Four Green Laser Sights to Market

(Wilsonville, OR) Crimson Trace announced today the release of the highly anticipated green Laserguard® and Rail Master™ products. This initial release of the green laser sight line includes Laserguard models for Kimber and Smith & Wesson 1911 frames, Glock Full Size and Compact and Springfield XD/XDm firearms. The Rail Master model is designed to fit on firearms equipped with a Picatinny rail – making it the ultimate in universal green laser sighting systems. All four of these models are available now through normal distribution and from www.crimsontrace.com starting at $269.

“By now, most consumers are savvy enough to know that green lasers have always been power-hungry compared to their red counterparts,” explained Kent Thomas, Director of Marketing for Crimson Trace. “By mounting them in front of the trigger guard, we’re able to utilize battery power in both a functional and design friendly way significantly more than ever – which means our customers never have to compromise on run tim e.” Just as important as the green laser product introduction, holsters from BladeTech, Mitch Rosen, De Santis, Crossbreed and Galco will be available to fit these new green laser sights.

The Laserguard platform is the ideal and ultimate additional to conceal carry firearms. The unit is quickly and easily installed by the user simply by securing around the trigger guard with provided screws. The profile for the pistol does change which is why Crimson Trace works with top holster manufacturers to create holster solutions for all Laserguard equipped firearms. Check out the Holster Resource Guide for details on all models.

The Rail Master platform has become a success story virtually overnight. This unique design attaches to any firearm with a Picatinny rail and will not move due to the Secure-Lock Technology™ system. Each unit comes standard with four inserts that are easily interchangeable to fit a wide range of pistols and long guns equipped with a Picatinny rail and activate with simple, easy to reach activation.

Both the Laserguard and Rail Master are pre sighted from the factory at 50’ and are fully adjustable by the user to fine tune it to their chosen self defense ammunition. Featuring the most powerful laser allowable by law, the units offer an industry leading 2 hour run time on one, easily replaced CR2 battery.

All Crimson Trace products are proudly designed, engineered and built in the USA. For further information contact;

Iain Harrison
iainh@crimsontrace.com
1-800-442-2406 x1303

Uncategorized

Quote Of The Day

September 7, 2012 by 13 Comments

In an anti-conceal carry opinion piece written for the Daily Nebraskan, the student paper at the University of Nebraska-Lincoln, Amanda Keenan has this howler:

A final argument against concealed carry on campus is the level of discomfort generated from having a gun around. People go to institutions of higher learning mainly to get an education. Allowing guns in classrooms would prove to be a distraction more than they would be a necessity. Students would lose their concentration during tests and stare aimlessly as the lights reflected off the steel of a .57 magnum.

Not that college students don’t already stare aimlessly during exams but seeing the lights reflecting off the steel of a .57 magnum must really be something. Imagine a pistol that makes the .500 Smith and Wesson – currently the most powerful production handgun cartridge around – look puny. Wow!

I have a serious suggestion for young Ms. Keenan. The next time she plans to write on guns and gun issues I would suggest that she check out the NSSF’s “Writer’s Guide to Firearms and Ammunition.” It would help her look a little less foolish even if she decides to stick with her backward ideas on campus carry.

Uncategorized

Even ATF Can’t Get The Nomenclature Correct

September 7, 2012 by 3 Comments

I tend to scan the press releases from the Bureau of Alcohol, Tobacco, Firearms, and Explosives where they crow about their latest exploit as the “Violent Crime Bureau”. They usually involve felons in possession or drug dealers getting sent to prison with the occasional straw purchase thrown in for good measure. The press releases are officially from the US Attorney’s Office for the relevant local judicial district.

Today I happened to read one concerning a felon in possession. The headline for the release read “Austin Felon Sentenced for Possessing Assault Rifle.” I immediately wondered how some felon got a full-auto rifle which was an error on my part. Instead it was one of those ugly guns with the shoulder thing that goes up. In other words, a semi auto rifle which in this case probably was a Saiga or one of the many AK clones.

MINNEAPOLIS – Earlier today in federal court in St. Paul, a 31-year-old felon from Austin was sentenced for possessing an assault rifle. United States District Court Judge Richard H. Kyle sentenced Samuel James Johnson to 180 months in prison on one count of being a felon in possession of a firearm. Johnson, who was indicted on April 17, 2012, pleaded guilty on June 6, 2012.

In his plea agreement, Johnson admitted that on November 4, 2010, he possessed a 7.62 x .39 caliber, semi-automatic assault-style rifle.

This press release came from the US Attorney’s Office for the District of Minnesota. The US Attorney there is B. Todd Jones who is also the Acting Director of BATFE.

I guess one shouldn’t expect the press to get the difference between an “assault rifle” and a so-called “assault weapon” straight if even the agency tasked with the enforcement of firearm laws or its Acting Director doesn’t.

Josh Sugarmann must be doing fist pumps.

Uncategorized

Cory Trapp On AR Cleaning And Maintenance

September 6, 2012 by 1 Comment

The National Shooting Sports Foundation has released another of their Sportcasts. This one features Gunsite instructor and gunsmith Cory Trapp discussing how to clean and maintain your AR-15.

This video is as good, if not better, than many of the $19.99 or $29.99 commercial DVDs showing you the same information. I’d suggest bookmarking this one as you’ll want to watch parts of it over and over as a reference.