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Illinois Women Who Believe The Constitution Applies Even There

July 14, 2011 by

John Kass is an op-ed columnist for the Chicago Tribune. He has a reputation for sticking it to the powers that be in both Chicago and Illinois. His latest column is entitled Babes with Bullets and other women who believe the Constitution applies in Illinois. 

After noting that Gov. Scott Walker signed concealed carry into law in Wisconsin making Illinois the only state without concealed carry, he says –

And this means that Illinois is the only state without such a law. In Illinois, our Chicago aldermen can carry guns in their purses and even in ankle holsters, and criminals obviously carry guns, since breaking the law is what they do.

But the rest of us, the chumbolone law-abiding taxpayers, can’t carry.

I’m not desperate to carry a gun, but the fact that Illinois has exempted its citizens from the Individual Rights Sweepstakes is so constitutionally depressing that there’s only one sight that could cheer me up:

A few dozen women with Smith & Wesson handguns learning how to get lethal, with the help of top female shooters and instructors in firearm safety.

Those women with Smiths were attending a training session put on by Babes with Bullets in a suburban county near Chicago. Kass attended one of their sessions and talked with a number of the trainers as well as the participants. What struck him the most was how serious they were about learning.

A few minutes later, I watched the smart-alecky Analise and her cousins out on the firing range with top instructors, serious champion instructors like Lisa Munson and T.D. Roe, of Lemont, who teaches personal protection shooting.

And there was Kay Miculek, of Louisiana, another co-founder of Babes with Bullets. From now on, when I think of a serious person, I’ll think of her.

Miculek has many national titles, and her husband, Jerry, is one of the top shots. She’s middle aged, and I liked the way she worked with the young women, calm but serious, because what they were doing was serious.

He goes on to say that you can tell that in Kay Miculek’s hand a pistol is a tool and not a symbol. It is also a serious tool, he says, and the instruction from trainers like Kay Miculek is all about safety.

Kass concludes by saying:

They were serious women, taxpaying women, law-abiding moms and sisters and daughters and friends.

And they’re the women who have the audacity to believe that the Constitution applies to them, too, even in Illinois.

Something must in the water at the Tribune because this is the second column in so many weeks that takes a pro-gun approach. First Eric Zorn and now John Kass. Good.

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House Committee Passes Amendment To Defund Multi-Rifle Reporting

July 13, 2011 by

The NRA-ILA sent this out this afternoon regarding an amendment to the FY2012 Commerce-Justice-Science Appropriations that was offered by Rep. Denny Rehrberg (R-MT). This amendment would prohibit the use of funds to the new ATF/DOJ multi-rifle sale reporting requirement.

House Committee Passes Amendment to Defund Illegal Obama Firearm Sales Reporting Requirement

Wednesday, July 13, 2011

Today, during consideration of the FY 2012 Commerce, Justice, Science Appropriations bill, pro-gun U.S. Rep. Denny Rehberg (R-Mont.) offered an amendment to prohibit the use of funds for a new and unauthorized multiple sales reporting plan proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Amendment was passed by a vote of 25-16.

The Rehberg Amendment, which was strongly supported by NRA, will defund the Justice Department’s controversial and illegal move requiring federally licensed firearms retailers in states bordering Mexico to report multiple sales of semi-automatic rifles.

As we reported yesterday, this procedure was proposed last fall as an “emergency” measure by BATFE. Specifically, it calls for all of the firearm retailers in California, Arizona, New Mexico and Texas to report multiple sales, or other dispositions, of two or more .22 caliber or larger semi-automatic rifles capable of accepting a detachable magazine purchased by a single individual in a five consecutive business day period. It is important to note that under existing law, BATFE already has full access to every dealer’s firearm transaction records, either during a bona fide criminal investigation or simply to enforce compliance with record keeping requirements. This new reporting procedure would create a registry of owners of many of today’s most popular rifles–firearms owned by millions of Americans for self-defense, hunting and other lawful purposes. Most importantly, however, the BATFE has no legal authority to demand these reports.

In addition, the agency has recently come under intense scrutiny due to its ill-conceived “Fast and Furious” operation. “Fast and Furious” encouraged Arizona gun stores to sell thousands of guns to suspicious buyers, despite objections from dealers and even BATFE’s own field agents.

Earlier this year, the U.S. House of Representatives voted on and passed, by a vote of 277 to 149, an amendment to H.R. 1 (also offered by Rep. Rehberg, along with Rep. Dan Boren (D-Okla.)) that also would have prohibited the use of federal funds for this reporting requirement. Unfortunately, the amendment was not included in the final version of the bill as a result of Senate inaction.

In March, U.S. Sens. Jon Tester (D-Mont.) and Richard Burr (R-N.C.) introduced S. 570–“to prohibit the Department of Justice from tracking and cataloguing the purchases of multiple rifles and shotguns.” The bill would ensure that federal funds cannot be used for the multiple sales reporting procedure.

NRA will continue to work to make sure the Rehberg Amendment makes it through the appropriations process. The amendment is scheduled to be heard on the House floor in August.

While the Rehberg Amendment is a critically important first step, it is imperative that you contact your U.S. Senators and ask them to cosponsor and support S. 570. You can find contact information for your elected officials by using the “Write Your Representatives” tool at www.NRAILA.org, or you can call your U.S. senators at (202) 224-3121. S. 570 currently has 29 cosponsors. To see if your senators are cosponsors, please click here: http://thomas.loc.gov/cgi-bin/bdquery/z?d112:SN00570:@@@P

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Temporary Rules Proposed By NC Wildlife Resources Commission

July 13, 2011 by

The NC Wildlife Resources Commission sent out notice of temporary rules that will go into effect on October 1st. The new rules are needed due to changes in wildlife laws made by the General Assembly. It impacts crow, coyote, and hog hunters.

Temporary Rules

The N.C. Wildlife Resources Commission is proposing temporary rules to allow hunters to use electronic calls for crows and coyotes and to establish an open season with no bag limits for feral swine (hogs).

Crow and coyote hunters are probably aware that they can use electronic calls, but they may not be aware that this practice is legal because it is currently allowed in state law, G.S. § 113-291.1. House Bill 432, which was passed by the General Assembly in June, removes this practice from G.S. § 113-291.1 and gives authority to the Commission to regulate electronic calls for all game animals and birds. The law goes into effect October 1. In order for hunters to continue using electronic calls for crows and coyotes after September 30, the Commission must pass temporary and permanent rules to maintain the status quo. If approved, the temporary rules will go into effect on October 1 and would likely be replaced by permanent rules on January 1, 2012. The Commission’s public hearing schedule appears below.

House Bill 432 also changes the status of feral swine to wild animals and deletes the term “wild boar.” All wild animals must have a season set by Commission rules to make hunting that species legal. The Commission is proposing a temporary rule which declares feral swine (hogs) as a species with no closed season and no bag limits. This temporary rule would also go into effect October 1. An identical permanent rule is proposed to go into effect January 1, 2012.

Please note that as of October 1, all persons shooting feral swine (hogs) must have a hunting license or a depredation permit, except for people who are otherwise license-exempt.

Public Hearing for Proposed Temporary Rules for Crows, Coyotes and Feral Swine (Hogs)

July 27
7 p.m.
Centennial Campus for Wildlife Education
1751 Varsity Dr.
Raleigh, N.C. 27606

Comments may also be submitted between July 18, 2011 and August 8, to kathryn.pipkin@ncwildlife.org or Temporary Rule Comments, N.C. Wildlife Resources Commission, 1701 Mail Service Center, Raleigh, N.C. 27699-1701.

Hearings on permanent rule changes will be held around the State of North Carolina beginning in early September.

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Government As Gun Dealer? (Updated)

July 12, 2011 by 2 Comments

Believe it or not but this is NOT a story about Operation Fast and Furious, Operation Castaway, or any of the other Project Gunwalker variants.

It is, however, about a proposal before the District of Columbia City Council that would make the D.C. government a Federal Firearms Licensee. Currently there are no operating FFLs in the District of Columbia since Charles Sykes lost his lease. As the Washington Post reports:

While Sykes’s business in on hiatus, D.C. residents have been prevented de facto from buying guns, which has opened the city to lawsuits. In late May, Virginia lawyer Alan Gura sued the city in Alexandria’s federal court on behalf of three District residents who have purchased guns legally but are unable to transfer them into the city.

The lawsuit in question is Lane et al v. Holder et al and is being tried in U.S. District Court for the District of Columbia by Alan Gura. The suit goes to the heart of the Gun Control Act of 1968 which forbade interstate transfers of handguns except for FFL to FFL transfers. More on that suit can be found here.

Council Member At-Large Phil Mendelson (D) has proposed three emergency bills that would make the District a FFL. From his notice for the July 12th Council meeting that was sent to all members of the City Council:

  • Firearms Amendment Emergency Declaration Resolution Act of 2011
  • Firearms Amendment Emergency Amendment Act of 2011
  • Firearms Amendment Temporary Amendment Act of 2011


The above measures would permit the District to operate as a Federal Firearms licensee (FFL) for the purpose of individuals’ interstate purchase and transfer of handguns when there is no active FFL operating in the District. The sole FFL that had been operating in the District is not currently operating, meaning that a District resident who wishes to purchase a handgun cannot bring it into the District since an FFL is required to physically receive the firearm and then provide it to the licensed owner. This emergency act will permit the District to operate as the FFL in the limited circumstance where there is not otherwise an FFL in operation in the District, thereby allowing District residents who wish to purchase firearms to do so legally.

Mr. Mendelson has said that gun control opponents are “waiting to pounce” on the District over the lack of a FFL. Actually, as I noted above, they have already pounced and have a very solid case. As to Mr. Sykes and his efforts to find a new location, he has said he has proposed a number of locations to the District but they have all been rejected.

This might be the time for a pro-gun Congressman to introduce a bill forbidding the District from becoming a FFL. I would hate to imagine the fees they would charge for a transfer plus the hoops they would make you jump just to pick up your paid-for firearm.

UPDATE: It looks like the DC City Council will be rejecting this bill.

Mayor Vincent C. Gray (D) and council members expressed a variety of concerns about Mendelson’s proposal.

In a letter delivered to council members Tuesday morning, Gray said the proposal would impose an “unnecessary burden on the government, would potentially subject the District government to liability and also undermines the District’s strong public stance in support of gun control.”

D.C. Council Chairman Kwame R. Brown (D) and Council member Jack Evans (D-Ward 2) said they worried the District would be liable for gun deaths if the legislation was approved.

The proponent of this bill, Councilman Phil Mendelson (D-At Large), seems to be the only one who realizes what a tight spot the District of Columbia finds itself with no operating gun shop to act as a transfer agent. You have attorney Alan Gura and his suit, Lane v. Holder, on one side and a pro-gun Congress on the other. Frankly, I’m glad they punted on this proposal as it makes it more likely that Lane v. Holder will succeed in its thrust at the heart of the Gun Control Act of 1968.

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Issa And Grassley Name Names

July 12, 2011 by 2 Comments

In what Mike Vanderboegh calls the Dirty Dozen (loved that movie!), Rep. Darrell Issa and Sen. Chuck Grassley have sent another letter to Attorney General Eric Holder requesting documents in reference to 12 people they say at the Justice Department who knew about about Operation Fast and Furious (aka Project Gunwalker) and its implementation.

This was the second letter that Issa and Grassley sent to Eric Holder yesterday. As Matthew Boyle reports in the Daily Caller, their first letter ripped into Holder over skewing potential witnesses (aka witness tampering) by allowing access to sensitive background information.

July 11, 2011

The Honorable Eric Holder
Attorney General
U.S. Department of Justice
950 Pennsylvania Avennue, NW
Washington DC 20530

Dear Attorney General Holder:

As our investigation in Operation Fast and Furious has progressed, we have learned that senior officials at the Department of Justice (DOJ), including Senate-confirmed political appointees, were unquestionably aware of the implementation of this reckless program. Therefore it is necessary to review communications between and among these senior officials. As such, please provide all records relating to communications between and among the following individuals regarding Operation Fast and Furious:

1. David Ogden, Former Deputy Attorney General;

2. Gary Grindler, Officer of the Attorney General and former Acting Deputy Attorney General;

3. James Cole, Deputy Attorney General;

4. Lanny Breuer, Assistant Attorney General;

5. Kenneth Blanco, Deputy Assistant Attorney General;

6. Jason Weinstein, Deputy Assistant Attorney General;

7. John Keeney, Deputy Assistant Attorney General;

8. Matt Axelrod, Associate Deputy Attorney General;

9. Ed Siskel, Former Associate Deputy Attorney General;

10. Brad Smith, Office of the Deputy Attorney General;

11. Kevin Carwhile, Section Chief, Capitol Case Unit; and

12. Joseph Cooley, Criminal Fraud Section.

These records should include e-mails, memoranda, briefing papers, and handwritten notes. Additionally, any records related to communications referring to a large firearms trafficking case within the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or in Phoenix should be included in any production.

Please provide this information no later than July 18, 2011, at noon. If you have any questions regarding this request, please contact Tristan Leavitt in Ranking Member Grassley’s office at (202) 224-5225 or Henry Kerner of Chairman Issa’s Committee staff at (202) 225-5074. I look forward to receiving your response.

Sincerely,

Darrell Issa, Chairman, House Committee on Oversight and Government Reform

Charles Grassley, Ranking Member, Senate Committee on the Judiciary

cc: The Honorable Elijah E. Cummings, Ranking Member, House Committee on Oversight and Government Reform

The Honorable Patrick J. Leahy, Chairman, U.S. Senate Committee on the Judiciary

UPDATE: Bob Owens at Confederate Yankee is reporting that the no. 5 guy on the list, Deputy Assistant Attorney General Kenneth Blanco is being set up to be the probable “fall guy” for Operation Fast and Furious.

The primary reason, as it always is with anything involving Holder and Obama, is politics. Blanco is not the politico that his superiors are, which is strike one. they look out after theri own, and while Blanco is career, he isn’t apparently an Obamite. He is apparently a decent human being and competent DAAG, according to the source. That’s two strikes against him in an organization as corrupt and politicized as the highest levels of Justice.

Blanco’s third strike happens to be the fact that he was the signing authority that authorized the wiretaps for Fast and Furious.

Let’s hope that like another (formerly) designated fall guy named Kenneth, Mr. Blanco goes to see Chairman Issa with his own attorney.

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Chris Cox Versus Dennis Hennigan On CNN

July 12, 2011 by 1 Comment

Dennis Henigan, Acting President of the Brady Campaign, and Chris Cox, head of the NRA-ILA, appeared on CNN’s American Morning to discuss and debate the new reporting requirements issued yesterday by the Department of Justice. Kiran Chetry, host of the show, pushed Hennigan on why another law was needed when straw purchases are already illegal. His answer would have you believe that the notification of multiple sales are made in real time and that ATF agents will be at the door to arrest the buyers as they exit the store.

Thirdpower has more on Hennigan’s lies and slanders at Days of our Trailers.

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In Other ATF News… (Updated)

July 12, 2011 by 3 Comments

Elite Ammunition of Harvard, IL received a visit from “an ATF SWAT Team” today and was served a search warrant. From the post this afternoon on AR15Armory.com by Jay Wolf, President of Elite Ammunition:

BATF Classifies .223, 6.5 Grendel and 6.8SPC as Pistol Round

BATF and EA Recent Finding.

EA has had to remove our Trident bullets in .223, 6.5 Grendel and 6.8 SPC. The BATF has ruled that all of these cartridges are now pistol cartridges. Since they are now pistol cartridges their construction now falls under the content and construction limitations of the 68 GAC and pistol cartridges.

Currently from other bullet makers like Barnes, solid .223 caliber bullets are still being manufactured and sold . We are working with our BATF IOI person to find out the following,

A) Is Barnes bullets and all other maker that constructs solid bullets in .223 going to have to stop.
B) If not then why do we have to stop since out basic shape and metallurgical content of our PFP bullets are the same as theirs?
C) Since they are now handgun caliber limited how does Magtech solid copper pistol bullets not fall under the 68 GAC as AP?
D) If Solid copper is not considered a violation of the 68 GAC in handgun bullets then it should also be not a violation of the 68 GAC to make EA’s PFP bullets from solid copper as Magtech does.

Those who have T6 ammunition and PFP bullets will be contacted by the BATF to recover any bullets or ammunition that have not been FIRED yet.

I apologize for this inconvenience and hopefully we can get this matter straightened out one way or another.

Jay Wolf
Pr. Elite Ammunition

The Trident bullets in question are made of turned homogenous copper zinc alloy. Pictures can be seen below. From what I can tell, they are very popular with hog hunters. They are described as ” Extremely accurate with friction reducing cuts allowing for higher velocity and lower pressure. These bullets provide great penetration of a solid, but with the cuts fragmentize after entering the target.”

 H/T SayUncle

UPDATE: Sebastian at Snowflakes in Hell has more on this including the Federal regulations in question. Depending upon the specific composition, copper zinc alloys can be considered brass and might be problematic if considered a handgun round.

UPDATE II: The owner of Elite Ammunition made a further post this morning about the raid and what was taken by ATF:

Yes we where raided. 15 grand in stock taken off our shelves, computers and anything else they wanted.

They had a ruling and it was created the day before. The search warrant was created late that afternoon of the same day and in the morning the 8 ATF folkes where coming through my door.

They let me look at it but not make copies and did not bring copies for me of the new interpretation.

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NSSF To Sue Over Multi-Rifle Reporting Requirement

July 12, 2011 by

The National Shooting Sports Foundation has announced that they plan to file suit challenging the legal authority of the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives under the Gun Control Act of 1968 to force FFL’s in the four Southwest border states to report multiple sales of certain semi-automatic rifles.

The National Shooting Sports Foundation (NSSF) – the trade association for America’s firearms industry – announced today that it will file a lawsuit challenging the legal authority of the Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the Gun Control Act to compel 8,500 federally licensed firearms retailers in Arizona, California, New Mexico and Texas to report the sale of two or more semi-automatic rifles larger than .22 caliber and capable of accepting a detachable magazine that are purchased following an FBI background check by the same individual within five consecutive business days.

At the time Congress authorized the reporting of multiple sales of handguns it could have required it for the sale of long guns, but it did not. ATF is clearly exceeding its lawful authority under the Gun Control Act. Current ATF Acting Director Ken Melson himself has previously questioned ATF’s legal authority to impose this new requirement.

“While we encourage all retailers, not just those along the southwest border, to continue to cooperate with ATF and report any suspicious activity, this is the proverbial ’slippery slope,’ “ said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “If ATF can require this record keeping and reporting requirement of law-abiding retailers in these four states simply by sending a letter demanding the information, than there is no record or report ATF can not require of any licensee, anywhere in the country for as long as ATF wants. They simply need to send a letter demanding it,” said Keane.

Operation Fast and Furious confirms what ATF has always maintained, that retailers are a vital source of information for law enforcement in combating illegal firearm trafficking. These retailers routinely report questionable transactions to authorities, including ATF. Throughout the Fast and Furious congressional investigation, it was suggested that federally licensed retailers were the original source of information that gave rise to the operation and retailers allowed ATF special agents to stand behind the counter of their shops so that they were better able to observe the transactions.

Even if ATF had the legal authority to require sales reporting for long guns, it is an ill-considered policy that will actually make it more difficult for retailers to cooperate with ATF. Illegal firearms traffickers will simply alter their schemes to avoid and evade the reporting requirement. For example, traffickers could simply recruit more “straw purchasers” and have them illegally purchase firearms from multiple licensees, or simply move their illegal trafficking activities to other states where the reporting requirement does not exist.

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Thirteen Is A Lucky Number

July 12, 2011 by

The National Shooting Sports Foundation is reporting that their adjusted NICS check figures show the 13th straight month-over-month increase in the NSSF adjusted NICS figures.

The June 2011 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 679,840 is an increase of 12.8 percent over the NSSF-adjusted NICS figure of 602,908 in June 2010. For comparison, the unadjusted June 2011 NICS figure of 1,157,714 is an increase of 16 percent over the unadjusted NICS figure of 998,262 in June 2010.

The figures are adjusted to drop out those checks which can be attributed to CCW background checks as used by states such as Utah, Kentucky, and Iowa among other things.

The NSSF graphic below shows the pattern in adjusted NICS checks for the month of June for the past 10 years. This past June was a definite improvement over the prior two years and is the high watermark for the past ten Junes.