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Diversionary Tactics (Updated)

June 30, 2011 by 1 Comment

Rep. Elijah Cummings (D-MD), the Ranking Member of the House Oversight and Government Reform Committee, has come through on his promise to hold hearings on gun control and the ATF. If you will remember from the June 15th hearing into Operation Fast and Furious, he said he would be exercising his right for a Minority day of hearings. From Cummings’ opening statement:

Finally, no legitimate examination of this issue will be complete without analyzing our nation’s gun laws, which allow tens of thousands of assault weapons to flood into Mexico from the United States every year, including .50-caliber sniper rifles, multiple AK variants, and scores of others, some of them landing in neighborhoods like mine, the one I represent in Baltimore. When Mexican President Calderon addressed Congress in May, he pleaded for us to stop fielding a full- scale drug war with military-grade assault weapons.

In order to explore these issues further today, I’m exercising my right under the rules, Mr. Chairman, of the House for a minority day of hearings with several witnesses who will testify about these issues in great detail. I did not think it was necessary to call these witnesses for today’s hearing, but I will work with the chairman on scheduling these hearings in the near future.

Those hearings are scheduled for tomorrow at 10am EDT according to reports in the Houston Chronicle and the website Main Justice. From the Houston Chronicle:

★ Thursday: Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, will hold a forum on the flow of illegal guns on both sides of the U.S./Mexico border. The forum will be held at 10 a.m. EDT in the Russell Senate Office Building.

Rep. Cummings has not posted a release or notice about the hearings on the House Oversight Committee’s website. However, Main Justice had this to report on the hearing speakers:

Speakers at the minority hearing will include Sen. Charles Schumer (D-NY), a retired ATF agent, and several gun control advocates.

 It seems Cummings is keeping a tight lid on just who the “retired ATF agent, and several gun control advocates” are. If I had to make an educated guess, the retired ATF agent is probably “Waco Jim” Cavanaugh who just last week had an op-ed in TickleTheWire saying that the ATF director should be not be subject to Presidential appointment and subsequent Senate confirmation. Among the gun control advocates will probably be Paul Helmke in his last hurrah before he leaves as head of the Brady Campaign. Of course, this is just speculation.

This “hearing” will be just another in the diversionary tactics being employed to divert attention from Project Gunwalker and on the “need” for more gun control. The Washington Post’s ridiculous editorial from Sunday could also be put in this category. For a less diplomatic description of the hearings, I think Mike captures it with his headline here.

UPDATE: Well, I was right about Paul Helmke being there but wrong about “Waco Jim”. The complete list of people “testifying” is below:

Senator Charles Schumer (NY)
Michael R. Bouchard, former Assistant Director Field Operations, ATF
Thomas Mahoney, Assistant State’s Attorney Supervisor, Gang Prosecution Unit, Cook County State’s Attorney’s Office
Eric Olson, Senior Associate, Woodrow Wilson International Center for Scholars
Kristen Rand, Legislative Director, Violence Policy Center
Paul Helmke, President, Brady Campaign to Prevent Gun Violence
Colby Goodman, Author of “U.S. Firearms Trafficking to Mexico: New Data and Insights Illuminate Key Trends and Challenges”

  Cummings says the aim of the forum – which I suppose means the testimony is not sworn – will be:

Law enforcement officials have testified that improvements to our nation’s gun laws are needed to address this increasingly devastating problem, including enhanced penalties for illegal straw purchases, the enactment of a firearms trafficking statute, and a reporting requirement for the purchase of multiple long guns, such as fifty caliber assault weapons and multiple AK variants.

Cummings will issue a report with recommendations to provide U.S. law enforcement with the tools needed to address gun trafficking.

Recent editorials in the New York Times, Washington Post and Los Angeles Times reiterate the need for basic, common-sense improvements to assist law enforcement officials counter violence by international drug cartels operating along the southwest border.

You have to wonder if the testimony would be the exactly the same if it was sworn and perjury charges could be brought.

Mike has more on the witnesses and their background especially former ATF official Michael Bouchard.

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More On S. 1249 – Target Practice and Marksmanship Training Support Act

June 29, 2011 by

While the text to Senator Mark Udall’s S. 1249 is still not available, I was able to find his release on the bill which gives a broad outline. All in all it looks like a good bill.

Here in western North Carolina we are surrounded by Federal lands with two National Forests, one National Park, and TVA maintained land. In many of the counties, the amount of Federally owned land reaches 90%. Even with all that Federal land, there is one public range maintained by the NC Wildlife Resources Commission and three (and maybe a fourth) maintained by the USFS in Nantahala National Forest. There are none that I can find in Pisgah National Forest which borders the largest city in western North Carolina – Asheville.

Posted: Wednesday, June 22, 2011

Today, Mark Udall re-introduced legislation to help states construct and maintain safe public shooting ranges. The bill, the Target Practice and Marksmanship Training Support Act, would help ensure that there are enough accessible ranges where hunters and marksmen can safely practice recreational shooting.

Under current law – the Pittman-Robertson Wildlife Restoration Act – an excise tax is collected on sporting equipment and ammunition, which states can use for activities such as wildlife restoration and hunter education programs. However, it has limited effectiveness in establishing and maintaining shooting ranges, which are declining in number. Udall’s Target Practice and Marksmanship Training Support Act, co-sponsored by Senators Jim Risch, Michael Bennet and Jon Tester, would amend the law to give states more flexibility to use existing funds to create and maintain shooting ranges.

“The number of places in our communities and on public lands where Colorado sportsmen and women can safely shoot and target practice has steadily dwindled,” Udall said. “This bill would give states more flexibility to use federal dollars – that have already been allocated to them – to create safe, new public places to shoot. It would be a triple win for sporting and conservation communities: states can create higher quality and safer shooting ranges, more Coloradans can take up the sport, and it would generate more money for future conservation and hunter education efforts.”

Udall’s bill would:
• Increase the amount of money states can contribute from their allotted Pittman-Robertson funds to 90 percent of the cost to improve or construct a public target range from the current limit of 75 percent. This would reduce local and state matching requirements from 25 percent to 10 percent.

• Allow the Pittman-Robertson funds allotted to a state to remain available and accrue for five fiscal years for use in acquiring land for, expanding, or constructing a public target range on federal or non-federal land. Under current law, states must use these funds within one year.

• Limit the legal liability exposure to the federal land management agencies regarding the management and use of federal land for target practice or marksmanship training.

• Encourage the federal land management agencies to cooperate with state and local authorities to maintain target ranges on federal land so as to encourage their continued use.

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Quote Of The Day

June 29, 2011 by

Mark Hemingway of The Weekly Standard responded to the Washington Post’s editorial which essentially blamed the “gun lobby” for even the mere presence of an Operation Fast and Furious:

So in the wake of an incredible scandal that shows exceedingly poor judgment and got a number of people killed, the Washington Post is arguing the ATF should be given more power? What? Shouldn’t we be at least getting to the bottom of the current scandal before we decide whether that’s wise?

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The Downside To Being A Neo-Luddite

June 29, 2011 by 3 Comments

Since I rarely watch television at home, I don’t have either cable or a satellite dish. I dropped cable back in the mid-1990s when I thought I was watching too much TV and not reading enough. Given the rise of the Internet, I really haven’t seen a need to change that decision.

However, there are times I wish I did have cable so I could see programs like the one below. I sure wish the Outdoor Channel would make these programs available on a season-long DVD like a lot of other TV producers do.

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The NC Wildlife Resources Commission Should Pay Attention To This

June 29, 2011 by

The Pennsylvania Game Commission just adopted a resolution approving Sunday hunting in the Commonwealth of Pennsylvania. They note in their resolution that 43 other states now allow Sunday hunting.

North Carolina isn’t one of them and you can’t even shoot at the NCWRC’s range at Cold Mountain here in Haywood County on Sundays. While I think there are some on the Wildlife Resources Commission that would like to see Sunday hunting, the General Assembly as it now stands would probably shoot it down.

Pennsylvania, by the way, separates their fish and wildlife department in one for game and one for fishing and boating. Thus, you have the PA Game Commission and the PA Fish and Boat Commission. Sorry for the bit of trivia! Here is the resolution from the Game Commission.

Pennsylvania Board Adopts Resolution To Support Sunday Hunting

The Pennsylvania Board of Game Commissioners has approved a resolution to support repeal of the statutory prohibition on Sunday hunting. The vote on the resolution, which was proposed by Game Commissioner Jay Delaney Jr. and seconded by Game Commissioner Ralph A. Martone, was four in support, three opposed and one abstention. Those voting in support of the resolution were Game Commissioners Delaney, Martone, David J. Putnam and Robert W. Schlemmer. Those voting in opposition were Game Commissioners Thomas E. Boop, David W. Schreffler and Ronald A. Weaner. Game Commissioner Gregory J. Isabella abstained.

Game Commission staff will present the resolution to the House Game and Fisheries Committee, which has been holding public hearings on the topic of Sunday hunting. The text of the resolution is as follows:

“The Board of Commissioners for the Pennsylvania Game Commission declares its support for a repeal of prohibitions on Sunday hunting by the amending of Title 34 (Game) of the Pennsylvania Consolidated Statues in Hunting and Trapping.

“Whereas, Pennsylvania has experienced consistent declines in hunting participation by both resident and non-resident hunters over the past several decades, with both the number of license sold and revenues generated experiencing steady declines, and

“Whereas, youth participation is vital to maintaining the long-standing tradition of hunting in Pennsylvania, we can effectively double the number of hunting days for youths during the school year by offering Sunday hunting, and

“Whereas, Sunday hunting is an effective means of recruiting new hunters and retaining current hunters by increasing the value of the hunting license through offering additional opportunities to spend time in the field, and

“Whereas, many Pennsylvania residents seek hunting opportunities and hunting leases in neighboring states that offer Sunday hunting; Sunday hunting will keep Pennsylvania hunters in Pennsylvania, and

“Whereas Pennsylvania has a long-standing tradition of hunting camps and clubs, Sunday hunting will effectively double the number of hunting days for camp owners and club members, and

“Whereas, Sunday hunting is expected to generate a substantial increase in out-of-state license sales and the accompanying revenue for the Pennsylvania Game Commission, and

“Whereas, hunting license sales and their associated federal matching funds are the primary revenue source for the Pennsylvania Game Commission in carrying out its mission, including maintaining 1.5 million acres of state game lands and acquisition of additional public lands, research and management of wildlife and providing information and education to the public, and

“Whereas, Sunday hunting will provide substantial economic benefits to rural areas and businesses by increasing money spent by hunters on lodging, food, gas and other incidental items, and

“Whereas, Sunday hunting is expected to generate $629 million in additional spending and create 5,300 new jobs, resulting in $18 million in additional sales and income tax, and

“Whereas, the mission of the Pennsylvania Game Commission is to manage wildlife and its habitat for current and future generations, and

“Whereas, Sunday hunting, which is currently permitted to control a growing population of coyotes, will provide the biologists of the Pennsylvania Game Commission a new tool to manage wildlife populations, and

“Whereas, the forty-three states that currently permit Sunday hunting have not experienced any discernable impact on the health or vibrancy of game populations, and

“Whereas, the Board of Commissioners recognizes the authority to permit Sunday hunting lies entirely with the General Assembly of Pennsylvania, and

“Whereas, if the General Assembly repeals the restrictions on Sunday hunting thus giving authority to regulate Sunday hunting to the Board of Commissioners, the Board recognizes the many stakeholder groups any action on Sunday hunting will effect and will endeavor to engage these stakeholders before passing any new regulations in regard to Sunday hunting.

“NOW, THEREFOR, we the Board of Commissioners for the Pennsylvania Game Commission, do hereby urge the General Assembly of Pennsylvania to REPEAL the PROHIBITION ON SUNDAY HUNTING IN THE COMMONWEALTH OF PENNSYLVANIA.”

H/T The Outdoor Wire

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PA Governor Signs Castle Doctrine Into Law

June 28, 2011 by

From the NRA-ILA on today’s signing of the Castle Doctrine into law by Gov. Tom Corbett (R-PA):

Pennsylvania Governor Signs NRA-Backed Castle Doctrine into Law

Fairfax, Va. – Governor Tom Corbett has signed Pennsylvania Castle Doctrine legislation into law. This common-sense measure permits law-abiding citizens to use force, including deadly force, against an attacker in their home and any place where they have a legal right to be. It also protects individuals from civil lawsuits by an attacker or attacker’s family when force is used.

“Gov. Corbett and Pennsylvania lawmakers know that law-abiding citizens must have the right to protect themselves when criminals attack without fear of being second-guessed by an overzealous prosecutor,” said Chris W. Cox, executive director, National Rifle Association’s Institute for Legislative Action. “Crime victims don’t have the luxury of time when confronted by a criminal and must be able to count on the law being on their side. This new law accomplishes that by removing any mandate of forcible retreat.”

The NRA has led the nationwide movement to pass Castle Doctrine legislation, beginning with Florida in 2005. Pennsylvania is the 27th state to adopt this important measure with overwhelming bipartisan support. House Bill 40, sponsored by Rep. Scott Perry (R-92), passed by a 164 to 37 margin. Richard Alloway, II (R-33), sponsored the companion bill to HB 40, Senate Bill 273, which passed 43-4.

“I am very gratified that Governor Corbett has signed this legislation into law, correcting the grievous error made by the previous administration in denying these long-sought protections to our citizens,” said Rep. Perry. “There are many people who have worked hard to get this legislation to this point, and I am grateful to my House and Senate colleagues and to the National Rifle Association for their support. The time has finally come to return common sense and good judgment to state government, and this legislation is a step in that direction. A criminal should never have an advantage over a citizen who abides by the rules of decent society, and today, we finally achieved the goal of returning the right of self-defense to the law-abiding.”

“Law-abiding gun owners should not have to fear prosecution for acting to prevent a violent crime,” said Sen. Alloway, who introduced Castle Doctrine legislation that was approved by the Senate in March. “I am thankful that the General Assembly has taken action to protect responsible gun owners who respond when facing a serious threat from a criminal. I would also like to thank the NRA for their strong leadership and hard work on this effort as it moved through the legislative process.”

“On behalf of NRA members and all gun owners in Pennsylvania, I would like to thank Rep. Perry; Sen. Alloway; and Gov. Corbett for their leadership in helping make Castle Doctrine a reality for Pennsylvanians,” concluded Cox. “This Castle Doctrine bill places the law on the side of law-abiding gun owners who unfortunately become victims of crime – exactly where the law should be.”

In less than one week, the governors of both North Carolina and Pennsylvania have signed legislation implementing the Castle Doctrine in their respective states. There is only one thing to say about this.

Winning!

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S. 1249: Target Practice and Marksmanship Training Support Act

June 28, 2011 by 2 Comments

Senator Mark Udall (D-CO) is the primary sponsor of S. 1249 – the Target Practice and Marksmanship Training Support Act. According to the National Shooting Sports Foundation, this bill would allow states more flexibility in the use of their Federal wildlife monies (Pittman-Robinson funds) so that they can use them to establish more places to shoot.

The text of this bill is not yet available but I will, of course, post it when it does become available. It was introduced by Senator Mark Udall on last Wednesday.

The bill currently has four co-sponsors including:

Sen Bennet, Michael F. [CO]
Sen Hagan, Kay [NC]
Sen Risch, James E. [ID]
Sen Tester, Jon [MT]

NSSF fully supports this bill and had a post on it yesterday. From what I can tell from their description of it, this is a bill that makes a lot of sense and deserves our support. I remember Michael Bane on his Down Range Radio podcast pushing for just this as much of the money from Pittman-Robinson excise taxes come from shooters who are not hunters.

NSSF Applauds Introduction of the Target Practice and Marksmanship Training Act in Senate

June 27, 2011 By Larry Keane

NEWTOWN, Conn. – The National Shooting Sports Foundation (NSSF), the trade association for the firearms, ammunition, hunting and shooting sports industry, applauded the introduction of the Target Practice and Marksmanship Training Act by Sen. Mark Udall (D-CO). This bi-partisan legislation will give states greater flexibility to use more of their designated federal wildlife resources (i.e. Pittman-Robertson funds) to establish safe recreational shooting areas. More specifically, the legislation will help facilitate the construction and expansion of public target ranges, including ranges on federal land managed by the U.S. Forest Service and the Bureau of Land Management.

“We appreciate Sen. Udall’s leadership in fighting for safe, accessible shooting facilities,” said Lawrence G. Keane, senior vice president and general counsel of the National Shooting Sports Foundation. “This legislation clears the way for new shooting ranges and allows for the proper management of existing ones. Access to these facilities is paramount to continuing to pass on our hunting and shooting sports heritage to younger generations.”

A recent survey by the Responsive Management Company has show that the biggest obstacle to participation in hunting and the shooting sports is access. In addressing this concern, the Target Practice and Marksmanship Training Act will not only help sportsmen and target shooters, but wildlife and conservation efforts as well. Active participation in hunting and the shooting sports means increased production of firearms and ammunition. Manufacturers of firearms and ammunition pay a federal excise tax — 11 percent on long guns and ammunition and 10 percent on handguns — which is used to fund wildlife and conservation efforts. By giving gun owners better access to ranges, the Target Practice and Marksmanship Training Act will help to encourage participation in these pro-conservation pastimes.

By allowing the states more latitude in determining how excise tax dollars are used to enhance and develop public shooting facilities, wildlife conservation funding will increase. This benefits all sportsmen and is a strong return on investment.

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Local TV Station Undercovers Gunwalked Guns At Crime Scenes In Arizona

June 28, 2011 by 1 Comment

Reporter Lori Jean Gilha of ABC 15 in Phoenix has undercovered evidence that some of the gunwalked guns from Operation Fast and Furious are turning up at crime scenes in Arizona. The video below is a teaser for her longer story that will air Thursday evening.

So let’s tally this up. Two Federal law enforcement officers killed in the line of duty, an estimated 150 Mexican citizens killed in Mexico, and an unknown number of residents of Arizona killed by criminals using firearms that the ATF intentionally allowed to be walked in Operation Fast and Furious. Brilliant move there!

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Rep. Trey Gowdy On Fact Finding Trip To Mexico

June 28, 2011 by 3 Comments

Rep. Trey Gowdy (R-SC) represents the Spartanburg area of South Carolina. Prior to running for Congress in 2010, he served for many years as the elected Solicitor (prosecutor/DA) for the Spartanburg area. He serves on the House Oversight and Government Reform Committee and accompanied Rep. Darrell Issa to Mexico over the weekend as part of the investigation into Operation Fast and Furious (aka Project Gunwalker). He spoke with Ginny Simone of NRA News on Monday about the trip.

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Melson To Testify According To Report

June 28, 2011 by 1 Comment

The left-leaning on-line news site, The Daily Beast, is reporting that Senators Patrick Leahy and Chuck Grassley have brokered a deal whereby ATF Acting Director Kenneth Melson will cooperate with Senate investigators and testify next month. In exchange, Senator Grassley released the hold he had put on three Department of Justice nominations.

The testimony—expected next month from Kenneth Melson, the acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives—was brokered as part of a deal between Senate Judiciary Committee chairman Patrick Leahy (D-Vt.) and the committee’s top Republican, Iowa’s Charles Grassley. Grassley and his fellow Republicans were given full access to ATF documents, Melson, and other key witnesses; and in return, Grassley agreed to release three Obama administration nominees he had been blocking, according to correspondence obtained by NEWSWEEK and THE DAILY BEAST.

Grassley had been fighting to get full access for months. He finally got it with a letter Leahy wrote to Attorney General Eric Holder requesting access for both his staff and Grassley’s investigators to the evidence and witnesses in the gun-sting investigation. In return, Grassley agreed to let proceed the nominations of Jim Cole to be deputy attorney general, Lisa Monaco to be assistant attorney general for national security, and Virginia Seitz to be head of the Office of Legal Counsel, the letter shows.

 Melson has been resisting pressure to resign claiming that he had done no wrong in Project Gunwalker and that it had been approved in DOJ. Rep. Darrell Issa and others have flatly stated that the approval goes to the highest levels of the Justice Department.

As head of the agency that conducted the controversial sting, Melson has faced calls for his resignation. But in private conversations with congressional investigators in recent days, Melson has indicated he does not believe he did anything wrong because he carried out his bosses’ wishes and is eager to testify to describe the full picture, according to sources familiar with those conversations.

Issa, who is among those to previously call for Melson’s ouster, is hopeful the acting ATF director can answer crucial questions about what was known above him. “Director Melson has had a long and distinguished career at the Department of Justice. But in the eyes of the public he is, so far, the highest-ranking official who [knew] about gun walking,” Issa told THE DAILY BEAST over the weekend. “[But] I don’t believe he was the highest-ranking official at Justice who knew about or authorized this operation.

“He may still have an opportunity to set the record straight for his agency and get away from being the focus of demands for accountability. We certainly want to hear his full story and see all the evidence about what happened,” Issa said.

I’m surprised that Senator Leahy went along with the agreement. He has always been fiercely partisan and his cooperation will more than likely lead to more trouble for the Obama Administration. If Attorney General Eric Holder survives Project Gunwalker after Melson’s testimony, I’d be surprised.