Quote Of The Day

I am reading Kurt Schlichter’s latest Kelly Turnbull thriller The Split. It had a quote that combines my Irish heritage and my disdain for “woke-ism”.

An Irish crime boss is being questioned in his Charlestown bar by a People’s Bureau of Investigation (what used to be the FBI) Special Agent regarding a bank robbery gone bad. The agent is warning that trouble is coming from the authorities if he doesn’t cooperate.

“We’ve survived Cromwell and the Potato Famine by sticking together,” Seamus said.

“But will you survive woke?”

“We’ll take our chances.”

Schlichter is a good story teller and he knows just how to parody the politically correct. I can recommend reading the whole series.

Thank You, Brownells

The “Made in America” pre-Independence Day promotion at Brownells raised over $150,000 for the Firearms Policy Foundation. This money will certainly help the FPF in supporting their Second Amendment legal efforts.

In another day or time, you have to think this donation would have gone to another firearms group. You know that one where this donation would only cover about 1/10th of the Executive VP’s annual salary? Or maybe a fraction of the monthly billing from their outside counsel? Yeah, that one.

From the release:

Brownells donated more than $150,000 to the Firearms Policy Foundation, with money generated by the “Made in America” promotion at Brownells.com leading up to Independence Day.

The Firearms Policy Foundation is a 501(c)3 organization which helps fund the Firearms Policy Coalition, a 501(c)4 dedicated to defending the Constitution of the United States, especially the individual right to keep and bear arms.

The donation will help with the on-going struggle to restore and eventually expand constitutionally guaranteed Second Amendment rights for all Americans.

“I want to thank everyone who bought American to help save the 2nd Amendment,” said Brownells Chairman Pete Brownell.   “We all benefit from the great work of the Firearms Policy Coalition.”

“On behalf of the FPC team and our members, we are humbled and honored that Brownells and its amazing customers have so generously provided this significant funding for our critical pro-rights legal and education programs, including dozens of active lawsuits and new cases being prepared today,” said FPF Chairman and FPC President Brandon Combs. “Especially in this era where our rights are under attack at all levels, from the Biden administration to local governments like San Jose, California, every dollar counts and will go straight to the front lines in principled efforts to defend and expand individual liberty,”

The FPC has been involved in several recent high-profile Second Amendment court cases, including Miller v. Bonta which resulted in California’s ban on so-called “assault weapons” to be declared unconstitutional.

FPC also filed suit against Nevada’s recent ban on homebuilt firearms, and filed a brief in support of the right of all Americans to carry arms on their person in public.

To find ways to become involved in the struggle to maintain and recover 2nd Amendment rights, visit the Brownells Second Amendment Action Center.

Durbin – Chipman Has “A Lot Of Issues”

File this Politico story under the “No Shit, Sherlock” label.

Senate Majority Whip and Judiciary Chair Dick Durbin (D-IL) said “there are a lot of issues” over David Chipman’s nomination to head the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Durbin goes on to say:

Durbin acknowledged Monday that the whip count “is not where we want it yet, but there’s always a chance.”…

“Members understand this is a highly controversial position,” Durbin said Monday. “It has been left vacant because Republicans and Democrats couldn’t find someone to fill the slot so it’s no wonder that we’re having some difficulty with it.”

What I read Durbin’s statement to mean is that he hasn’t been successful in convincing Senators Joe Manchin (D-WV), Jon Tester (D-MT), and Kyrsten Sinema (D-AZ) that the political fallout from supporting Chipman won’t be as bad as they think. They are still listed in the undecided column.

It is either that or the incentives that he is offering to them have not risen to the level where they will hop onboard. By incentives I mean support for pet legislation, campaign money, and the like.

If Durbin and Chuck Schumer were convinced they had 50 votes to confirm Chipman, the vote would have already been held. Since they don’t, Chipman remains in limbo. The longer it goes, the less likely he is to be confirmed. All it takes is for one non-Republican to come out against Chipman and the nomination will be withdrawn. One way to read Durbin’s interview with Politico is that he is signaling the White House it is time to pull Chipman’s nomination.

As to the issues surrounding David Chipman, I think that I and virtually every other gun owner in America would run out of fingers if we had to list them all.

When The Laws Of The State Meet The Laws Of Economics

One of the by-products of the COVID-19 pandemic is that people are consuming more alcohol. Both the medical community and the popular press have noted that. In North Carolina, you can buy beer and wine at many outlets including grocery stores. However, if you want to buy hard alcohol or spirits, you must go to the ABC store run by the local alcohol beverage control board. North Carolina is what is referred to as a “control state”.

The Charlotte Observer notes:

Mecklenburg County ABC Board data shows March sales to businesses have already sold 65% of the bottles sold last year and retails sales have more than doubled over last years sales, the board and N.C. Spirits Association said in a news release Friday.

Last year during pandemic shutdowns, ABC stores saw a nearly 30% jump in sales compared to 2019 as more people stocked up at home, the Observer previously reported. But as more restaurants and bars have reopened, demand is up for spirits.

Recent reports coming out of Charlotte, the state’s largest city, indicate people were indeed buying a lot of liquor at the ABC stores and now it is impacting the supply available for bars and restaurants. It is also impacting what is available on the shelves in ABC stores themselves.

Supply and demand is the first law of economics. In this case there isn’t enough supply to meet the demand. In an uncontrolled system, prices would rise as a result of the shortage. However, prices in North Carolina are set by the state. The advantage to the consumer is that that bottle of Maker’s Mark is the same price in Murphy as it is in Manteo.

Individuals in Charlotte seeking their Tito’s Vodka or a specific brand of tequila have an easy option. They can just cross the border into South Carolina where liquor sales are not state run.

But Drew Podrebarac, the owner of Southern Spirits, said across the border in South Carolina, currently, they’re fully stocked.

“Definitely in North Carolina, just because the way they do their liquor, I know they’ve had tons of problems but that’s part of the reason that they come to South Carolina to buy the liquor,” said Podrebarac…

“Right now, North Carolina currently has about 500-700 available liquors in stock. We currently have at Southern Spirits almost 6,000 different liquors, so when people actually say, ‘Wow, there’s a lot more available,’ people just kept coming and started telling their friends and it definitely boosted sales and customer numbers,” said Podrebarac. 

However, North Carolina bars and restaurants don’t have that option as their license requires them to buy only from the ABC stores. Moreover, they have to pay a $2-3 premium per bottle compared to what the consumer pays in the store.

By interfering with the law of supply and demand, the laws of the state of North Carolina have created a situation where businesses who struggled to survive the pandemic cannot obtain the raw material for one of their most profitable items – cocktails. By contrast, South Carolina doesn’t have a supply shortage and does have many more choices. If there was ever an argument about privatizing the ABC System, this is it.

NSSF Running Anti-Chipman Ads In ME And WV

The National Shooting Sports Foundation is running ads in both Maine and West Virginia against David Chipman to head BATFE. The ad asks viewers to contact their senators and ask them to vote against confirming Chipman.

According to the NSSF, this is first time they have run television ads on any subject.

From their press release:

“This is monumental for NSSF and it speaks to the importance the firearm industry places on protecting the 342,330 jobs and $63.5 billion economic impact this industry provides,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “David Chipman’s nomination is clearly a move to politicize the ATF. Voters in key states reject his nomination and those senators have been advised of those polls by NSSF. We are now taking our opposition to the public to remind their senators that Chipman’s nomination is a threat to jobs, revenue and not the least – the ability of law-abiding citizens to exercise their God-given Second Amendment rights.”

A reader of this blog made an interesting comment regarding Chipman. Given that virtually no one would be as bad as Chipman, his defeat would allow the Biden Administration to appoint another anti-gunner who would not be perceived as “bad”. The person still would be horrible for gun rights but wouldn’t be Chipman.

From DWB’s comment:

I have mixed feelings. There will be a Biden nominee for BATFE, and the nominee will be rabidly anti-gun. There is no doubt about that. The Senate cannot block a Biden nominee forever.

Which makes me wonder if we should call their bluff and let Chipman slide through. He will energize people for 2022. There is no better opponent than a polarizing jack-a$$ like Chipman. Heck, he even makes WLP and his cronies look useful.

The question for me is not “how bad is Chipman,” the question for me is who is on deck?

That is a conundrum. Is it better to have an ideologue like Chipman who isn’t even respected by ATF Special Agents as director and use that as the basis for energizing the base or to defeat him and have to worry about a stealth candidate?

AAF Research Report On David Chipman

The American Accountability Foundation has produced a 24-page research report on David Chipman. They have dug very deep into his background. It is well worth a read.

Some of the things that popped out at me were his divorce, how he tried to play the system to get relocation expenses, his change in behavior and views, and how he became increasingly both radical and anti-law enforcement.

Discussions with friends who used to work with him at BATFE were interesting. For example, a former BATFE agent who had been his friend had this – “but after he got divorced, and then joined AA, he because very self righteous and almost evangelical in views that he holds; no more competing ideas and middle ground, and more like once he gets in his head that something is “right” he pursues it with a passion and fury.” That leads to the question as to whether Chipman is a recovering alcoholic. If so, for how long? While that does not disqualify him for the position, it does raise questions on how he handles stress.

I would read the whole report and then contact my senators signifying my opposition.

Chipman-Research-Report

“In Congress, July 4, 1776” (Updated)

This is a document that I think every American should read at least once a year. As I said when I first started posting in the first year of this blog, it explains why we are citizens and not subjects.

IN CONGRESS, JULY 4, 1776

The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:


For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

— John Hancock

New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton

Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry

Rhode Island:
Stephen Hopkins, William Ellery

Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

Delaware:
Caesar Rodney, George Read, Thomas McKean

Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

Virginia
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

North Carolina:
William Hooper, Joseph Hewes, John Penn

South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

Georgia:
Button Gwinnett, Lyman Hall, George Walton

The Mecklenburg Declaration And Resolves (Reposted)

I originally posted this on July 4th of 2010. I am reposting it to recognize these early North Carolina patriots from Mecklenburg County. Despite all the changes in the Queen City since then, there are still many there or from there who continue the fight for liberty and especially our Second Amendment rights.

Before there was a Declaration of Independence of 1776, there were the Mecklenburg Declaration of May 20, 1775 and the Mecklenburg Resolves of May 31, 1775. While there is significant controversy over the authenticity of the former, there is none regarding the latter. There is controversy about the Mecklenburg Declaration because the original copy is reputed to have been destroyed in a fire and mention of it then only comes to light in 1819. Nonetheless, May 20, 1775 is the date enshrined on both the Great Seal of the State of North Carolina and the State Flag.

Both the Declaration and the Resolves were adopted in Charlotte Town in Mecklenburg County, North Carolina. Charlotte Town is now known as Charlotte. The area had been settled by the heavily Presbyterian immigrants from Northern Ireland and Scotland known as the Scotch-Irish. Upon hearing of the Battles of Lexington and Concord, they had been outraged and the Declaration was the result.

The Mecklenburg Declaration

  1. That whosoever directly or indirectly abetted or in any way, form or manner countenanced to unchartered & dangerous invasion of our rights as claimed by G. Britain is an enemy to this County – to America & to the inherent & inaliable rights of man.
  2. We the Citizens of Mecklenburg County do hereby desolve the political bands which have connected us to the Mother Country & hereby absolve ourselves from all allegiance to the British crown & abjure all political connection, contract or association with that nation who have wantonly trampled on our rights & liberties & inhumanely shed the innocent blood of American patriots at Lexington.
  3. We do hereby declare ourselves a free and independent people – are & of right ought to be a sovereign & self-governing association, under the controul of no power other than that of our God & the general government of the congress, to the maintainence of which independence civil & religious we solemnly pledge to each other our mutual cooperation, our lives, our fortunes & our most sacred honor.
  4. As we now acknowledge the existence & controul of no law or legal officers, civil or military, within this County, we do hereby ordain & adopt as a rule of life, all, each & every of our former laws – wherein nevertheless the crown of great britain never can be considered as holding rights, privileges, immunities, or authority therein.
  5. It is also further decreed that all, each & every military officer in this County is hereby reinstated in his former command & authority, he acting conformably to these regulations. And that every member present of this delegation shall henceforth be a civil officer, viz. a Justice of the peace in the character of a ‘Committee-man’ to issue process, hear & determine all matters of controversy according to sd. adopted laws – to preserve peace, union & harmony in sd. County & to use every exertion to spread the love of country & fire of freedom throughout America until a more general & organized government be established in this province. A selection from the members present shall constitute a Committee of public safety for sd. County.
  6. That a copy of these resolutions be transmitted by express to the President of the Continental Congress assembled in Philadelphia, to be laid before that body.
    Ephraim Brevard
    Hezekiah J. Balch
    John Phifer
    James Harris
    William Kennon
    John Foard
    Richard Barry
    Henry Downs
    Ezra Alexander
    Charles Alexander
    Zaccheus Wilson
    Waightstill Avery
    Benjamin PattonMatthew McClure
    Neil Morrison
    Robert Irwin
    John Flennegin
    David Reese
    William Graham
    John Queary
    Hezekiah Alexander
    Adam Alexander
    John Davidson
    Richard Harris
    Thomas Polk
    Abraham AlexanderJohn McKnitt Alexander

While there still exists much controversy on the authenticity of the Declaration, none exists with regard to the Resolves adopted on May 31, 1775. Captain James Jack of Charlotte was sent with a copy of the resolves and a letter to the North Carolina delegates to the Continental Congress requesting their approval by Congress.

The Mecklenburg Resolves

This day the Committee of this County met, and passed the following Resolves:
WHEREAS by an Address presented to his Majesty by both Houses of Parliament in
February last, the American Colonies are declared to be in a state of actual rebellion, we
conceive that all Laws and Commissions confirmed by, or derived from the Authority of
the king or Parliament, are annulled and vacated, and the former civil Constitution of
these Colonies for the present wholly suspended. To provide in some Degree for the
Exigencies of the County in the present alarming Period, we deem it proper and
necessary to pass the following resolves, viz.
1. That all Commissions, civil and military, heretofore granted by the Crown, to be
exercised in these Colonies, are null and void, and the Constitution of each particular
Colony wholly suspended.
2. That the Provincial Congress of each Province, under the Direction of the Great
Continental Congress, is invested with all legislative and executive Powers within their
respective Provinces; and that no other Legislative or Executive does or can exist, at this
Time, in any of these Colonies.
3. As all former Laws are now suspended in this Province, and the Congress have not
yet provided others, we judge it necessary, for the better Preservation of good Order, to
form certain Rules and Regulations for the internal Government of this County, until
Laws shall be provided for us by the Congress.
4. That the Inhabitants of this Country do meet on a certain Day appointed by this
Committee, and having formed themselves into nine Companies, to wit, eight for the
County, and one for the Town of Charlotte, do choose a Colonel, and other military
Officers, who shall hold and exercise their several Powers by Virtue of this Choice, and
independent of Great-Britain, and former Constitution of this Province.
5. That for the better Preservation of the Peace, and Administration of Justice, each of
these Companies do choose from their own Body two discreet Freeholders, who shall be
impowered each by himself, and singly, to decide and determine all Matters of
Controversy arising within the said Company under the Sum of Twenty Shillings, and
jointly and together all Controversies under the Sum of Forty Shillings, yet so as their
Decisions may admit of Appeals to the Convention of the Select Men of the whole
County; and also, that any one of these shall have power to examine, and commit to
Confinement , Persons accused of Petit Larceny.
6. That those two Select Men, thus chosen, do, jointly and together, choose from the
Body of their particular Company two Persons, properly qualified to serve as Constables,
who may assist them in the execution of their Office.
7. That upon the Complaint of any Person to either of these Select men, he do issue his
Warrant, directed to the Constable, commanding him to bring the Aggressor before him
or them to answer the said Complaint.
8. That these Eighteen Select Men, thus appointed, do meet every third Tuesday in
January, April, and October, at the Court-House in Charlotte to hear and determine all
Matters of Controversy of Sums exceeding Forty Shillings; also Appeals: And in Cases
of Felony, to commit the Person or Persons convicted thereof to close Confinement, until
the Provincial Congress shall provide and establish Laws and Modes of Proceeding in
Such Cases.
9. That these Eighteen Select Men, thus convened, do choose a Clerk to record the
Transactions of the said Convention; and that the said Clerk, upon the Application of any
Person or Persons aggrieved, do issue his Warrant to one of the Constables, to summons
and warn the said Offender to appear before the convention at their next sitting, to answer
the aforesaid Complaint.
10. That any Person making Complaint upon Oath to the Clerk, or any Member of the
Convention, that he has Reason to suspect that any Person or Persons indebted to him in a
Sum above Forty Shillings, do intend clandestinely to withdraw from the County without
paying such Debt; the Clerk, or such Member, shall issue his Warrant to the Constable,
commanding him to take the said Person or Persons into safe Custody, until the next
sitting of the Convention.
11. That when a Debtor for a Sum below Forty Shillings shall abscond and leave the
County, the Warrant granted as aforesaid shall extend to any Goods or Chattels of the
said Debtor as may be found, and such Goods or Chattels be seized and held in Custody
by the Constable for the space of Thirty Days; in which Term if the Debtor fails to return
and discharge the Debt, the Constable shall return the Warranty to one of the Select Men
of the Company where the Goods and Chattels were found, who shall issue Orders to the
Constable to sell such a part of the said Goods as shall amount to the Sum due; that when
the Debt exceeds Forty Shillings, the Return shall be made to the Convention, who shall
issue the Orders for Sale.
12. That Receivers and Collectors for Quitrents, Public and County Taxes, do pay the
same into the Hands of the Chairman of this Committee, to be by them disbursed as the
public Exigencies may require. And that such Receivers and Collectors proceed no
farther in their Office until they be approved of by, and have given to this Committee
good and sufficient Security for a faithful return of such Monies when collected.
13. That the Committee be accountable to the County for the Application of all Monies
received from such Officers.
14. That all these Officers hold their Commissions during the Pleasure of their
respective Constituents.
15. That this Committee will sustain all Damages that may ever hereafter accrue to all
or any of these Officers thus appointed, and thus acting, on Account of their Obedience
and Conformity to these Resolves.
16. That whatever Person shall hereafter receive a Commission from the Crown, or
attempt to exercise any such Commission heretofore received, shall be deemed an Enemy
to his Country; and upon Information being made to the Captain of the Company where
he resides the said Captain shall cause him to be apprehended, and conveyed before the
two Select Men of the said Company, who, upon Proof of the Fact, shall commit him the
said Offender into safe Custody, until the next sitting of the Convention, who shall deal
with him as Prudence may direct.
17. That any Person refusing to yield Obedience to the above Resolves shall be deemed
equally criminal, and liable to the same Punishments as the Offenders above last
mentioned.
18. That these Resolves be in full Force and Virtue, until Instructions from the General
Congress of this Province, regulating the Jurisprudence of this Province, shall provide
otherwise, or the Legislative Body of Great-Britain resign its unjust and arbitrary
Pretentions with Respect to America.
19. That the several Militia Companies in this county do provide themselves with
proper arms and accoutrements, and hold themselves in constant Readiness to execute the
commands and Directions of the Provincial Congress, and of this committee.
20. That this committee do appoint Colonel Thomas Polk, and Doctor Joseph Kennedy,
to purchase 300 lb. of Powder, 600 lb. of Lead, and 1000 Flints; and deposit the same in
some safe place, hereafter to be appointed by the committee.
Eph. Brevard, Clerk of the Committee.
Singed by Order of the Committee.

This document was printed in the North Carolina Gazette on June 16, 1775,
and the Cape-Fear Mercury on June 23, 1775. There was a slight variation in wording in
the two newspapers.

 So on this day as we honor the Nation’s Founders and the Declaration of Independence of 1776, let us also honor these men from a provincial North Carolina backwater who recognized that our future lay in independence from Great Britain.

Retroactive Background Checks?

John Crump had a very interesting article in Ammoland.com today. It seems that ATF leadership is asking its industry inspectors to gather names of those of us who used our carry permit to substitute for a NICS check. In North Carolina, the Concealed Handgun Permit substitutes for the NICS check. You still have to fill out the Form 4473 but no call is made to the FBI to run a background check. It is presumed that the check run to issue or renew the CHP establishes that you are not a prohibited person.

From John’s article:

In the conference call, the ATF leadership asked its Industry Operations Inspectors (IOI) to collect information on the customers that used concealed carry permits instead of obtaining a background check through the NICS. The purpose of obtaining this information would be to run the customer’s data through the NICS to see if the customer would have received an approved or denied status. In addition, the IOI will pass on the names and information of customers denied by the NICS to the criminal branch for a special agent to follow up….

The information from the firearms background check paperwork (ATF Form 4473) is not submitted to the FBI when the customer uses their permit. Before the new policy, the only time the government would know a person bought a gun is when the FFL goes out of business, a trace request is submitted, or the customer buys multiple handguns within a seven-day period.

It is as if the BATFE doesn’t trust state and local law enforcement to do their job on background checks. The Complementary Spouse just submitted the paperwork to renew her own NC CHP. Included in the packet of paperwork were multiple releases authorizing the sheriff to get any mental health records from mental health providers. This was in addition to the requisite criminal background check.

Read the whole article.

Is Wayne LaPierre A Peril Or A Hazard?

While I had heard rumors of Lloyd’s of London refusing to renew the NRA’s Directors and Officers insurance, Stephen Gutowski of The Reload confirmed it yesterday morning. He noted that in this past weekend’s Board of Directors meeting, they voted to create a $5 million fund to cover the board and executives as they search for a new policy.

NRA board member Phillip Journey told The Reload the fund was announced during the closed executive session of the gun group’s Saturday board meeting. He said board members were authorized to talk about it after the session ended, though. He believes the fund was created to alleviate concerns about liability raised by a number of board members.

“It was apparent from the comments that there are several board members that have expressed concerns,” Journey said. “This was their attempt to address the concern, knowing that the policy expires in, golly, less than 40 days.”

Lloyd’s did not respond to a request for comment. The elite business group has a reputation for insuring high-risk clients, and Journey said its decision not to renew the NRA’s policy is bad news.

“I mean, if Lloyd’s won’t insure you, who the hell will?” he said.

Judge Journey is correct. Lloyd’s of London will insure and reinsure risks that traditional insurance companies will refuse to cover. It should be noted that Lloyd’s is not a company but a marketplace that brings together investors, underwriters, brokers, and insurance companies.

I taught insurance and financial planning at Western Carolina University as an adjunct instructor for a decade. One of the topics we covered was risk management and ways to mitigate it. Insurance is the proper tool to use when the severity of the loss is high and the likelihood of an occurrence is low. It is properly termed “risk transfer”.

Without getting too deep into the weeds, there are a few definitions that need to be clarified when speaking of insurance. First, risk is the probability or chance of a loss. In the NRA’s case, I am speculating the underwriters calculated that the probability of a loss or claim against the directors and officers for failing to do their fiduciary duty was rather high.

Going further, peril is the direct cause of a loss while a hazard is something that either causes or increases the likelihood of a loss. If you have a homeowner’s policy you will see these terms on it. Looking at the recent condo collapse in Dade County, the collapse was the peril while the deteriorating concrete was the hazard. In terms of the NRA, you could say that Wayne LaPierre’s grifting behavior is the peril and that the Board of Directors acquiescence in letting Wayne do anything he wants is the hazard.

A couple of the major considerations in underwriting D&O insurance are recent legal actions alleging violation of federal or state law and involvement in bankruptcy proceedings. The NY Attorney General’s lawsuit to dissolve the NRA and hold Wayne and others personally responsible fits that bill as does the abortive attempt to use bankruptcy to evade New York’s enforcement authority. When you add that to the Board’s seeming unwillingness to do its fiduciary duty, it is no wonder that the underwriters at Lloyd’s said nope.

As a result, the NRA will self-insure as noted in the article from The Reload. Frank Tait, who is running for the Board, has an excellent look at what self-insuring or setting up a captive insurance company would mean for the NRA.

A more humorous look at this whole debacle comes from Bitter at Shall Not Be Questioned. She notes that Wayne is a bigger risk than fire and brimstone. Lloyd’s is willing to insure the Hawaii neighborhood that sits on top of an active volcano but is not willing to insure the NRA’s directors and officers. At least with the volcano you know the extent of the losses.

So to answer the question posed in the headline, I think you could say that Wayne is the peril and his continuing presence at the top of the NRA is the hazard. Dumping the Gang of Four of Wayne, Carolyn, Charles, and Willes won’t cure the NRA’s problems but it would be a step in the right direction.