CalGuns/SAF Leave Lump Of Coal in California’s Stocking

The CalGuns Foundation along with the Second Amendment Foundation dropped off a little gift yesterday for Kamala Harris and the California Department of Justice. They filed suit in U.S. District Court for the Eastern District of California challenging the ten-day waiting that California imposes before an existing gun owner make take possession of an another individual firearm.

The individual plaintiffs in this suit are Jeff Sylvester, Michael Poeschl, and Brandon Combs. All three  are owners of handguns registered in California’s AFS Database. Mr. Sylvester also holds one of those rare things – a California Carry License – and Mr. Combs holds a California Certificate of Eligibility. Both of these licenses are subject to real-time and ongoing background checks.

The attorneys for the plaintiffs are Jason Davis and Don Kilmer (of Nordyke fame).

The release on the suit from CalGuns is below:

San Carlos, CA (December 23, 2011) – The Calguns Foundation has filed a federal lawsuit against the California Department of Justice and Attorney General Kamala Harris challenging the policy of requiring gun owners to wait at least 10 days before taking possession of an additional firearm. The case is entitled Jeff Silvester et. al. vs. Kamala Harris, et. al.

The Calguns Foundation is joined in the lawsuit, filed today at the District of California Federal District Court in Fresno, by the Second Amendment Foundation and three individual plaintiffs.

“The State has absolutely no reason to infringe the rights of California gun owners who already possess firearms when they buy another one,” said Jason Davis who is the attorney for the plaintiffs. California currently requires the registration of handguns in California. And, beginning January 2014, it will also require the registration of all newly-purchased rifles and shotguns. Notably, California keeps a current database of all residents who are prohibited by state or federal law from owning or possessing firearms.

Individual plaintiffs Jeff Silvester, Michael Poeschl, and Brandon Combs each have firearms registered with the State of California. Mr. Combs and Mr. Silvester also have firearms licenses from the State that constitute ongoing background checks.

“In just about every other state in the U.S., I as a law-abiding gun owner could walk in and, after passing an instant national background check, walk out with a firearm to defend myself in my home,” said Michael Poeschl. “What’s really frustrating is that California is one of the very few states that forces gun owners to register all handguns that they buy. If the State’s database saying that I already lawfully own a gun isn’t proof that I don’t need a ‘cooling-off’ period, then what is?”

“I have a license to carry a loaded firearm across the State,” noted Jeff Silvester. “It is ridiculous that I have to wait another 10 days to pick up a new firearm when I’m standing there in the gun store lawfully carrying one the whole time.”

“As a collector, I submitted to a Live Scan background check and obtained a Certificate of Eligibility to Possess Firearms from the State of California at my own expense,” said Brandon Combs. “In the Internet era, where every California gun dealer has a computer connected directly to the State’s databases, there is no logical reason to force me to wait 10 days and make another trip simply because California doesn’t want to acknowledge the Certificate that it issued to me. I have registered guns, and I have the State telling me that I can possess guns, but for some reason I can’t exercise my constitutionally protected rights for another ten days? That’s insane.”

“Laws that infringe on the right to purchase arms have to be more than just merely rational and must directly serve important governmental interests,” added Hoffman. “Here, the law is not just irrational but actually contradictory. We filed this case right before Christmas in the hopes that, by next Christmas, gun owners will not suffer this continuing infringement on their right to acquire firearms.”

A copy of the complaint and case filings can be downloaded at http://calgunsfoundation.org/resources/downloads/category/20-silvester-v-harris.html

First Impressions Of The Ruger LCR-22

I posted the announcement of the new Ruger LCR-22 last Friday. I had a chance to handle one in the flesh, so to speak, today at The Gun Rack in Kernersville, North Carolina.

While the MSRP of the LCR-22 is $524, The Gun Rack was selling it for $399. Having bought guns from them in the past, they tend to price their Rugers at the low range.

My first impression of the LCR-22 was that it was almost an exact clone of the LCR in .38 Special and .357 Magnum. The weight felt close to my .38 Special version and it felt very similar in my hand. The sights appeared to be the same as with the original LCR. I have changed mine long ago to the XS Sights Standard Dot tritium sights so I’m going on memory.

I did find the trigger pull felt heavier than that of its bigger brothers. This was a subjective evaluation and was not measured with a trigger pull scale. I didn’t feel any stacking of the trigger unlike in my Colt Detective Special.

If you are thinking of getting one as a training gun, I’d suggest renting one first to see how you like it. The heavier trigger pull was a bit of a negative for me but your experience might be different.

Sporadic Blogging

I will be blogging only sporadically for the next few days as we are visiting family out of town.

If I worked for Eric Holder and the Justice Department, I’d consider 4:30pm this afternoon as ideal for document dump – not that I want to encourage them.

If you aren’t on Twitter, you may want to think about it. You can catch a lot of breaking news that way. I try to retweet stuff that I don’t have time to make a full post about. You can follow me by clicking on the button in the sidebar.

– Posted using BlogPress from my iPhone

Thank You, LuckyGunner!

When I got home from work yesterday, I found a box from FedEx with these cookies in them. There were actually more cookies but some cookie monster must have eaten them.

I received this nice gunny Christmas gift from the people at LuckyGunner.com. You will notice their logo in my right sidebar. As a reminder, all commissions I earn from them are then sent directly to the Second Amendment Foundation to help finance the fight for our gun rights.

Don’t Think A .22LR Isn’t Useful For Self-Defense?

Mall ninjas and Internet commandos will tell you that “bigger is always better” and that “if the caliber doesn’t begin with a 4” it’s useless. I hate to break it to them but even a .22LR can be used successfully for self-defense.

A case in point. Yesterday evening in Magalia, California (Butte County north of Sacremento), John Randolph Shanks III found out the hard way that even one shot from a .22LR can kill you. Mr. Shanks had just forced his way into a Magalia residence along with an accomplice when the homeowner shot him once in the chest with a .22 handgun. When Butte County Sheriff’s Department deputies arrived, they tried to revive him to no avail. He was pronounced dead at the scene.

So was Mr. Shanks just some down on his luck guy looking for food and a warm place to crash? Not really.

According to Butte County Sheriff’s Department spokesman Sgt. Jason Hail,

Shanks was released from state prison in mid-November, but he reportedly failed to report to the Butte County Probation Department as required.

Hail said probation had issued a request that law enforcement be on the look out for Shanks, and were in the process of getting an arrest warrant for the man.

According to Butte County Court records Shanks was sentenced to state prison in April 2010, after being convicted of being a felon in possession of a firearm and felony attempting to evade a peace officer. In 2007 he was also convicted for attempting to evade a peace officer. He was sentenced to prison then.

In 2003 he was sent to prison on a charge of “resisting an executive officer.”

The best part of this article is where they say “no charges have been filed against the shooter”.

I don’t recommend a .22LR for self-defense but if it is all you have, then go with it. I’d say the homeowner was lucky and, obviously, Mr. Shanks was not in this case.

Michael Bane has been making the point recently in his podcasts concerning the debate between the 9mm Luger and the larger cartridges that more holes are better even if they are smaller. Moreover, he makes the point that even if it is “only a .22”, no one wants to be shot.

H/T Guns Save Lives

This Is …CNN? Wow!

CNN, though not as bad as MSNBC, has a well-deserved reputation for pandering to the Obama Administration. Given this commentary by Jack Cafferty where he mentions Watergate in connection with Operation Fast and Furious, I wonder how soon before he receives a curse-filled diatribe of a phone call from Tracy Schmaler of the Justice Department?

UPDATE: Bob’s take on this. He is correct that is moves the issue into wider circulation.

An Excellent Way To Save On Taxes

With the year winding down you are almost out of time to save on your taxes.

One way that is still available is by a contribution to a 503(c)3 non-profit like the Second Amendment Foundation or other non-profit gun rights organization. Donations to a group like the NRA are not deductible because it is a 503(c)4 organization and it does political lobbying. However, donations to the NRA Foundation would be tax deductible.

I like the reminder that SAF put up on their Facebook page and wholeheartedly agree with the sentiment.

Here are some links to worthy organizations that could use a donation. Just click on the name and it will bring you to their donation page. The list is not complete by any means and I’d welcome other suggestions. Remember, the organization must be a 503(c)3 non-profit for the donation to qualify for a tax deduction.

Second Amendment Foundation

CalGuns Foundation

Mountain States Legal Foundation

NRA Foundation

Jews for the Preservation of Firearm Ownership

One other group that I might add is the Gun Rights Radio Network. They are not a 503(c)3 non-profit – though they should be – so a donation wouldn’t be tax deductible. Nonetheless, they do a great job in promoting the shooting sports and gun rights activism. They offer podcasts on everything from gunsmithing to practical defense tips. Mark Vanderberg runs the Network on donations and certainly could use a few bucks to keep it going. To donate go here.

Happy New Year, Mr. Attorney General!

Rep. Darrell Issa (R-CA), Chairman of the House Oversight and Government Reform Committee, has sent a letter to Attorney General Eric Holder requesting that he testify before the committee on January 24th.  He was given a choice of six alternate dates for the hearings in either January or February. He is asked to confirm his attendance by January 3rd.

In the letter, Issa explains that the hearing will cover what senior Justice Department officials could have – and should have – done to prevent a reckless program like Operation Fast and Furious.

The full letter can be found here.

This letter puts the ball in Holder’s court as to whether he appears voluntarily before the committee or he is subpoenaed. If it is the latter, I think it devolve into a test of wills between the executive and legislative branches.

A Candlelight Vigil? This Is Big News?

The Brady Campaign’s eagerly awaited announcement of what they plan for January 8th is….a candlelight vigil? Could they come come up with something any more lame and trite as this?

Brady Campaign Acting President Dennis Henigan announces a nationwide tribute to loved ones killed with guns. On January 8, 2012, the one-year anniversary of the Tucson shootings that killed six people and injured 13 others including a U.S. Congresswoman, people all across the country will gather for candlelight vigils honoring loved ones lost to gun violence. This intense spotlight on the human toll of gun violence is only the first step in mobilizing Americans to demand change.

As usual, the Brady Campaign is up to their old tactic of censoring dissenting voices. Sean Sorrentino of An NC Gun Blog left a polite message on their Facebook page which has disappeared. They are claiming he has removed his message. Having just spoken to Sean that is incorrect. He didn’t remove it, they did and then went on to block him from being able to comment on their page. Maybe they should just cover their eyes and ears and start singing nursery rhymes as it would be about as effective.

Bitter at Shall Not Be Questioned is as nonplussed about the announcement as the rest of us. I like her final comment on it.

Perhaps the candles will also inject some personality into Dennis Henigan as he reads his script. The candles might also buy them some new audio equipment. If candles can stop bullets, then they can do anything in this season of holiday miracles, right?

UPDATE: As I expected, my post on their Facebook page pointing out that Sean had not deleted his post but it was done by their moderator has vanished into cyberspace.  You have to wonder about the strength of their beliefs if opposing opinions are such a threat to them.