Giffords

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BOHICA

December 17, 2018 by 1 Comment

I posted the gun control industry’s wish list earlier this morning. If you don’t think they have a serious chance of getting much of it through the House, you are living in a dreamland. Read Nancy Pelosi’s statement from Friday marking the sixth anniversary of the murders in Newtown, Connecticut.

“For six years, Americans across the country have taken time to remember the 26 beautiful souls that were murdered in an act of unfathomable horror and heartbreak at Sandy Hook Elementary School. While the pain and grief of that tragic day remain, our determination to end the daily horror of gun violence continues to strengthen.


“Since that unspeakable tragedy, too many families in too many places have been impacted by the deadly epidemic of gun violence. In shattered communities across the country, the nation has had to console family members, comfort survivors and honor victims. Yet, at every opportunity Republicans refuse to lift a finger to stop the bloodshed. Enough is enough.


“Countless families, survivors and young people around the country have courageously turned their grief into action. Inspired by their strength and tireless advocacy, the new Democratic Majority will act boldly and decisively to ensure that no other family must endure the pain caused by gun violence.”

 The gun control lobby was supportive of Pelosi becoming Speaker and they are expecting their payoff. I have no doubt that she will attempt to come through. As Politico reports, she even has some Republican allies on gun control like Rep. Peter King (R-NY). Moreover, the House Judiciary Committee will be headed by known gun control advocate Jerold Nadler (D-NY) and there will be a House Gun Violence Task Force headed by Rep. Mike Thompson (D-CA).

What does all of this mean?

It means that we need to be on Defcon 1 for any and all gun control bills being introduced in January 2019 and those of us who have Republican senators need to be talking to them now. Take Giffords’ wish list, make comments on it, and email or fax it to those senators. Explain that red flag laws aka “Extreme Violence Protection Orders” not only violate the Constitution but get innocent people killed. Given how the GOP bows and scrapes to cops emphasize that some of those killed trying to enforce such a law will be cops. I think you can go through that list and come up with more reasons that none of them need be passed.

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Giffords Christmas Wish List

December 17, 2018 by

The cult of personality known as Giffords sent out their Christmas wish list yesterday. Robin Lloyd, their Director of Government Affairs (read lobbyist), included everything under the Sun with maybe the exception of a pony. While officially called their “policy recommendations for the 116th Congress”, it is a wish list. The unfortunate thing is that most of it could pass the House. As to the Senate, that will depend upon how squishy or “reasonable” the Republicans will be. As to Mr. Trump and his veto pen, I think it depends on the day.

And here is Gabby and company’s wish list presented in its entirety. I will to comment on parts of it in later blog posts.

This is your comprehensive guide to potential gun safety policy actions the next Congress could take to save lives. Save this email. But please forward it to friends as well. There is no better source for what is possible when the new Congress is sworn in next month.


During the 115th Congress alone, the United States experienced tragic shootings in Alexandria, Las Vegas, Sutherland Springs, Parkland, Santa Fe, Pittsburgh, and Thousand Oaks, just to name a few. In recent years, the number of gun deaths and injuries has increased, with more than 121,000 people shot in 2015 and more than 155,000 people shot in 2016.


The public recognizes that these levels of gun violence are unacceptable: 7 in 10 Americans want stronger gun laws. An overwhelming majority of Americans— 97% —are in favor of universal background checks. 87% believe that gun violence is a public health issue, and 76% support the Centers for Disease Control and Prevention (CDC) funding research on gun violence.


In the states, this support has led to meaningful change. In 2018, 27 states passed 67 new gun safety laws; among those, 11 states passed legislation to keep guns away from domestic abusers, six enacted laws to improve background checks, and eight passed measures to fund urban violence reduction programs. The state laws with the greatest momentum in 2018 were extreme risk protection order (ERPO) laws, which allow law enforcement or family members to temporarily remove firearms from individuals in crisis. Eight governors— including five Republicans —signed these bills into law.


Still, both state legislatures and Congress must take further action in order to address our nation’s gun violence epidemic and save lives. In addition to passing the legislation outlined below, Giffords urges Congress to exercise its oversight authority over federal agencies responsible for enforcing gun laws and to be wary of efforts to roll back our nation’s gun laws. Congressional committees should proactively seek testimony and information from the Department of Justice, Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF), and the Federal Bureau of Investigation (FBI) about resources needed to better implement and enforce existing gun laws.


CONGRESS SHOULD IMMEDIATELY ACT ON THE FOLLOWING POLICIES:


UNIVERSAL BACKGROUND CHECKS


Universal background checks would ensure that people prohibited from purchasing firearms cannot do so through an unregulated sale from an unlicensed or online seller, at a gun show, or through a private sale between individuals. Closing this background check loophole is critical to making sure criminals and other dangerous people cannot easily access firearms. A universal background check requirement for all gun transfers — with reasonable exceptions for hunting, self-defense, and family—is the strongest policy solution to prevent prohibited individuals from getting their hands on guns. Background checks are proven to save lives: States that require a background check on every handgun sale experience 38% fewer gun homicides of women by intimate partners, 53% fewer law enforcement officers shot and killed, and 53% fewer firearm suicides.


FEDERAL GUN VIOLENCE RESEARCH


Gun violence is a public health crisis and must be addressed as such. But in order to truly address a public health problem, we must first fully understand it. The solution is simple: legislators serious about protecting their constituents from gun violence should invest in federal research at the Centers for Disease Control and Prevention (CDC). Leaders have made clear that at this juncture, only a lack of funding constrains the CDC from performing this lifesaving research. Earlier this year, Health and Human Services Secretary Alex Azar acknowledged that his agency is not legally prohibited from studying gun violence—a sentiment echoed by the FY18 omnibus bill. In October 2018, CDC Director Robert Redfield stated that the CDC has no restrictions on potential research, and should money be appropriated by Congress, the CDC will move forward with gun violence research.


ENACT EXTREME RISK PROTECTION ORDERS


Extreme risk protection order (ERPO) laws enable family members or law enforcement to petition a court for a temporary order prohibiting a person from purchasing or possessing firearms. These orders are sought when the individual demonstrates behaviors that indicate they may pose a danger to themselves or others. ERPO laws are designed to help people in crisis—like the shooter in Parkland, Florida, who classmates, teachers, family members, and law enforcement officers noticed was exhibiting dangerous behaviors. ERPO laws are proven to save lives: in Connecticut , for every 10–20 orders issued, one life was saved. Thirteen states have now enacted some form of an extreme risk law, including California, Connecticut, Delaware, Florida, Illinois, Indiana, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont, and Washington.


PREVENT DOMESTIC ABUSERS FROM ACCESSING FIREARMS


Domestic violence and firearms are a deadly combination. A woman is five times more likely to die in a domestic violence situation if her abuser has access to a firearm. Current federal law prohibits abusers who have been convicted of domestic violence misdemeanors and abusers subject to certain domestic violence protective orders from purchasing or possessing guns. However, federal laws do not apply to many abusers who victimize non-spousal partners or a family member other than a partner or child, such as a non-cohabiting boyfriend.


FUND EVIDENCE-BASED VIOLENCE INTERVENTION PROGRAMS


Gun violence disproportionately impacts communities of color. From 2012 to 2016, African American children and teens were nearly 15 times as likely to be shot to death as their white peers. In that same time frame, Hispanic children and teens and Native American children and teens were both three times as likely to be shot to death as their white peers. In many cities heavily impacted by interpersonal gun violence, such violence is driven by a very small subset of the community, and a handful of strategies have proven to be successful at breaking cycles of violence. One such strategy, community-based violence intervention programs, deploys targeted services for high-risk individuals with clear and swift consequences from law enforcement for those who continue to perpetrate violence.


PREVENT GUN TRAFFICKING


Every year, tens of thousands of guns are diverted from legal to illegal markets through unregulated gun sales, straw purchases, gun traffickers who falsely claim their guns were lost or stolen, and corrupt gun dealers who sell guns off the books to traffickers. Deadly weapons are too easily purchased in states with weak gun safety laws and trafficked to states with stronger gun laws, where they end up in the hands of people unable to pass a background check and are often ultimately used in violent crimes. While straw purchases are currently prohibited under federal law, they are often treated as a mere paperwork violation and go unchecked. Congress should pass a clear statute prohibiting the diversion of guns into the illegal market to ensure gun trafficking is treated as the serious and dangerous offense it is.


REGULATE ASSAULT WEAPONS AND LARGE CAPACITY MAGAZINES


Assault weapons are designed to maximize the number of people shot in the shortest amount of time. The danger posed by these weapons is substantially increased by detachable large capacity ammunition magazines, which allow the shooter to fire a large number of rounds in a row and quickly reload. As a result, these weapons are often the weapon of choice for mass shooters. It should not be easier to purchase an assault rifle than it is to purchase a handgun. Under current federal law, an individual must be 21 to purchase a handgun from a gun dealer, but only 18 to purchase an assault weapon. The Parkland shooting showed us what’s at stake if we fail to close this loophole. Americans are demanding action on assault weapons: 78% of voters support a ban on assault weapons and 77% support raising the minimum purchase age to 21.


The expired Federal Assault Weapons Ban of 1994 banned the future production of assault weapons but did not address the weapons already in circulation. Today, an estimated 15 million assault rifles are currently in circulation, and any legislative solutions must apply to them. Regulating semiautomatic assault weapons under the National Firearms Act (NFA)— the same way that gun silencers and machine guns are regulated—allows law-abiding gun owners to legally possess these firearms, while also addressing the public safety concerns of the public and law enforcement. Congress must also limit the future manufacture and sale of assault weapons to reduce the easy availability of such weapons.


Large capacity magazines, typically defined as magazines holding more than 10 rounds of ammunition, significantly increase a shooter’s ability to injure and kill large numbers of people quickly because they enable the individual to fire repeatedly without needing to reload. The time required to reload a weapon can be critical in enabling victims to escape and law enforcement or others to intervene. Large capacity magazines have been used frequently in mass shootings. Congress should consider a ban on large capacity magazines, which would reduce the potential lethality of any firearm that can accept a magazine, including a firearm that is not an assault weapon. 70% of voters support a ban on large capacity magazines.


TREAT BUMP STOCKS LIKE MACHINE GUNS


A gun does not have to be fully automatic in order to act like an automatic firearm. In October 2017, a gunman in Las Vegas used a firearm accessory called a “bump stock” to fire more than 1,100 rounds of ammunition in 11 minutes, killing 58 people and injuring over 500. Despite calls for Congress to act and confirmation by the acting ATF director that a legislative solution would be the best route, over a year after the Las Vegas massacre, bump stocks remain unregulated and legal to purchase. Regulating bump stocks has broad support: Eight in ten Americans, including 77% of Republicans, support banning these dangerous devices, as do nearly three-fourths of voters in gun-owning households. The Department of Justice is currently considering a new rule to regulate bump stocks like machine guns; however, such regulation is likely to become tied up in litigation after being finalized. As a result, swift congressional action is critical to ensuring these dangerous items do not fall into the wrong hands.


REPEAL GUN INDUSTRY IMMUNITY


The Protection of Lawful Commerce in Arms Act (PLCAA) provides broad immunity to gun manufacturers and dealers in federal and state court. Enacted in 2005, PLCAA prevents plaintiffs from filing lawsuits against gun manufacturers or dealers in cases where these parties have been negligent and there has been “criminal or unlawful misuse” of a firearm or ammunition. Such immunity is unique to the gun industry and removes any incentive for manufacturers to innovate and adopt new gun safety practices. In other industries, civil liability has historically played an important role in injury prevention” lawsuits against the tobacco industry forced cigarette manufacturers to adopt new ways to market their products to prevent youth smoking, and lawsuits against car manufacturers have forced the industry to adopt better safety measures to reduce automobile deaths. Congress should pass legislation repealing PLCAA and place the firearm industry on equal ground with other American industries.


IMPLEMENT CHILD ACCESS PREVENTION LAWS


Research shows that easily accessible firearms in the home are associated with an increased risk of suicide, as well as unintentional injuries and deaths, among children and young people. More than two-thirds of students who used guns to commit “targeted violence” against their school acquired the gun or guns used in their attacks from their own home or that of a relative. Child access prevention laws hold adults liable when minors gain access to negligently stored firearms or when parents or guardians directly provide a firearm to a minor. With 4.6 million American children living in homes with loaded, unlocked guns, it is critical that Congress pass legislation to encourage states to enact child access prevention laws and discourage unsafe storage of firearms.


ENACT PERMIT-TO-PURCHASE REQUIREMENTS FOR HANDGUNS


Permit-to-purchase laws require an individual to obtain a license or permit from law enforcement before purchasing a gun. These laws have been enacted in ten states thus far, and are proven to make communities safer by reducing firearm homicides and keeping guns out of the hands of prohibited individuals. In states which have had effective handgun purchaser licensing laws on the books for decades, like Connecticut, Massachusetts, New Jersey, and New York, the vast majority of crime guns originate in other states, indicating that gun traffickers seek guns elsewhere. After Connecticut’s implementation of a permit-to-purchase law, gun homicides decreased 40% between 1996 and 2005. Conversely, when Missouri repealed its permit-to-purchase system in 2007, gun homicides increased by 25%. The evidence is clear: Congress should encourage more states to implement this lifesaving policy.


ENSURE THE COMPLETION OF ALL BACKGROUND CHECKS


Background checks on firearms sales and transfers help keep firearms out of the hands of people who shouldn’t have them. The National Instant Criminal Background Check System (NICS) consists of a set of databases maintained by the FBI and used to conduct background checks on sales and transfers at federally licensed dealers.


Though most background checks are processed within minutes, occasionally a NICS examiner will need time to conduct more research if records indicate the buyer may have a possible firearms prohibition. If the firearms dealer has not been notified by the NICS examiner within three business days that the sale would violate federal or state laws, the dealer must determine if he or she will proceed with the sale. When firearms sales proceed by default because the FBI is not able to complete the background check within the three-day timeframe, ineligible people can purchase guns, like the shooter who murdered nine people in a church in Charleston, South Carolina in 2015. In 2000, the FBI said the three-day window should be extended to give examiners more time to investigate; in March of 2018, FBI Deputy Director David Bowdich agreed that “it would make sense” to extend the window to ensure fewer guns are sold to prohibited purchasers. Congress should pass legislation close this “Charleston loophole” to prohibit firearms dealers from selling a firearm before a background check is completed.


ALERT LAW ENFORCEMENT OF ATTEMPTED PROHIBITED PURCHASES


When felons and other prohibited people lie on the form when buying a gun, not only are they violating federal gun laws, they may also be planning violent crimes. Current law does not, however, ensure that state or local law enforcement are made aware of these situations. Bipartisan legislation was introduced in both chambers in the 115th Congress to ensure state and local law enforcement are notified when prohibited individuals attempt to purchase a firearm. Prompt notification of local law enforcement can help ensure the prohibited purchaser does not attempt to access firearms in other ways, like through an unregulated private sale or over the internet.


STRENGTHEN OVERSIGHT OF FIREARMS DEALERS


Proper oversight of gun dealers is essential to reducing firearms trafficking. Gun dealers supply the majority of guns sold to the public, including guns eventually recovered in crimes, but they are subject to few federal regulations and weak enforcement of these regulations. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is responsible for inspecting gun dealers, but ATF is often under-resourced and unable to provide adequate oversight. In many cases, dealers that are found to be in violation of the law often have their penalties reduced. As a consequence, corrupt gun dealers represent a major source of guns trafficked to dangerous individuals and criminals, either directly or through straw purchasers (who buy guns for individuals who are prohibited from buying them) and gun traffickers (who purchase guns to resell on the black market). Guns lost or stolen from dealers who fail to responsibly secure their inventories are also a major source of guns on the black market. Congress should pass legislation to increase ATF inspections of gun dealers and strengthen penalties for corrupt gun dealers.


SET FEDERAL LAW ENFORCEMENT AGENCIES UP FOR SUCCESS


The ATF and FBI can only perform their intended functions if they have the resources to do so, but both agencies have been under-resourced over the past several years. The FBI maintains the NICS system and is responsible for meeting increasing demand for background checks. 2016 saw the highest number of background checks ever, with 2017 not far behind. ATF, the agency primarily responsible for the investigation and prevention of federal firearms offenses, consistently receives insufficient funding to carry out its duties. In 2017, nearly 135,000 federally licensed firearms dealers were operating in the United States, which ATF is responsible for regularly inspecting. But with a small workforce —ATF is smaller than the Broward County, Florida, sheriff’s office—and not enough funding, this can be an impossible task. In March 2018, Acting Director Tom Brandon described ATF as “$20 million in the hole,” but noted that with more resources, the agency “could do more.”


But even with the appropriate resources, the ability of federal law enforcement officers to do their jobs effectively will remain hindered by restrictive budget riders known collectively as the Tiahrt Amendments. These riders hamstring ATF’s ability to trace crime guns by prohibiting the use of searchable databases and banning the consolidation of gun sales records maintained by federally licensed firearm dealers, (FFLs). A prohibition on the release of crime gun trace data to the public prohibits researchers from clearly identifying trafficking patterns, while another rider forbids ATF from requiring FFLs to take a physical inventory, making it easier for dealers to avoid accountability for proper record-keeping and timely reporting of lost and stolen guns. By placing such restrictions on federal agencies, Congress significantly weakens law enforcement’s abilities to enforce gun laws, prevent gun crime, and keep communities safe. Acting Director Brandon referred to these restrictions as “not optimum, but it’s the law.” This is a law that Congress should repeal.


DEVELOP GUN SAFETY TECHNOLOGY


Gun safety technology includes personalized guns and accessories such as gun safes, trigger locks, and retrofit kits that prevent firearms from being fired by unauthorized users. These innovations have the potential to reduce gun suicides and unintentional shootings, especially among children, as well as gun thefts. Nearly 7,000 children in the United States receive medical treatment for gun-related injuries each year. Personalized guns and accessories let owners control who can access their gun. The technology that gives owners this control includes biometric security methods, like fingerprint sensors, and radio-frequency identification (RFID) technology, which uses radio waves to identify objects.


Personalized accessories, like a fingerprint trigger lock, add an extra layer of security to gun safes or locks. When used with traditional guns, they offer a similar level of security to personalized guns. Congress can encourage the development of these potentially lifesaving technologies by providing research and development tax credits and grants for gun safety technology.

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“I want gun control and I hope to God nobody else sends me any more prayers.”

November 12, 2018 by 1 Comment

The above quote comes from Susan Orfanos. She was the mother of Telemachus Orfanos who was one of the victims in the multiple murders committed at the Borderline Bar in Thousand Oaks, California. It was reported on the CBS Evening News for Friday, November 9th.

“He didn’t come home last night,” said his mother, Susan. “I don’t want prayers. I don’t want thoughts. I want gun control and I hope to God nobody else sends me any more prayers. I want gun control. No more guns.”

The link to the story includes the video interview with her and a friend of the murderer.

I can excuse the bitter words of a distraught mother who lost a son. However, I have also gotten emails from both the Brady Campaign and the cult of personality known as Giffords calling for more gun control and asking for donations.

Excuse me but these murders happened in the gun control paradise known as California. Giffords Law Center rates the state an “A”. It is the only state in the Union rated this high. Even New York, New Jersey, and Massachusetts only get A minuses. In the last Brady Campaign rankings I can find from 2015, California was the number one state in terms of adopting the gun control measures they wanted.

Red Flag laws?

Check!

Highly restrictive may issue concealed carry?

Check!

Ban on open carry?

Check!

Waiting periods?

Check!

Assault weapon (sic) bans?

Check!

Magazine size restrictions?

Check!

Purchase of ammunition only through licensed dealers?

Check!

Background check to buy ammo?

Check!

Ban carry in establishments that serve alcohol?

Check!

The state has every thing that the gun prohibitionists have been calling for to supposedly stop “gun violence” and “mass shootings” and yet it failed. When a murderer is determined to commit evil deeds the weapon really almost becomes irrelevant. It could just as easily have been an attack using a knife as in Melbourne, Australia on Friday. Even worse might have been an arson attack where an exit was illegally locked or blocked. Some of the worst night club fires in the US and the rest of the world have been due to arson.

My point is that there is little that can be done to stop the initial attack even with the most restrictive of laws. Evil people will do what evil people will do.

That said, there are a number of things that might have lessened the toll. For example, if the six off-duty cops there had been allowed to carry in the Borderline Bar, they could have responded with deadly force to stop the murders. Or, for example, as Greg Ellifritz points out, the murderer posted to Facebook and Instagram during the attack which was an opportunity to attack the murderer when he was distracted. While it might have been illegal in California, in many states you can carry in a place that serves alcohol so long as you don’t drink. This would be the place for Designated Defenders as suggested by Massad Ayoob.

I’m not sure how to prevent all mass violence events. I do think Malcolm Gladwell is on to something with his theory of threshholds where each event begets a larger and worse event. Media publicity doesn’t help. I’m not saying that it shouldn’t be reported but restraint and discretion should be exercised. For a start, do like many bloggers and academics have pledged: don’t report the killer’s name. As the No Notoriety campaign suggests focus on the victims and not the killer.

It would be a start. In the meantime, be alert and be careful where you go.

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Email Subject Line Of The Day

July 11, 2018 by

You have to hand it to the gun prohibitionists. Those that don’t have Mike Bloomberg’s money at their disposal will find any reason to ask for money. This is especially true of that cult of personality known as Giffords.

Here is the subject line of their latest email missive asking for money.

Gabby and Mark need you to rush an emergency donation to help us stop Brett Kavanaugh’s nomination to serve on the Supreme Court. Let me explain why this request is so important.

Don’t wait. Don’t think about it. Send money now. Operators are standing by. A donation of only $3 will feed a starving prohibitionist for a day. Wait, I think I’m getting these pleas for donations confused a bit.

The email goes on to promise, “We are no doubt going to send a number of emails about Brett Kavanaugh’s Supreme Court nomination.” At least that is honest of  their Executive Director Peter Ambler to acknowledge that this just the first in a series of emails. Having been on their mailing list for a few years, I can assure you that each and every one of them will have some “ask” for a donation or to sign up on their mailing list.

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And Now The Reactions From The Prohibitionists, Part 3

July 10, 2018 by 1 Comment

Let it not be said that the cult of personality known as Giffords would be left out of making their opposition to Judge Brett Kavanugh known. While I may have serious doubts that Ms. Giffords actually wrote her piece in opposition, it does go out over her name.

From Giffords and Giffords Law Center:

July 9, 2018 — Giffords, the gun safety organization founded by former Congresswoman Gabrielle Giffords and Captain Mark Kelly, released the following statements after the announcement of President Trump’s nomination of Judge Brett Kavanaugh to the U.S. Supreme Court following the retiring of Justice Anthony Kennedy.

Former Representative Gabrielle Giffords:

“In nominating Judge Kavanaugh to be the next Supreme Court justice, the Trump Administration is once again showing brazen disregard for the people it claims to protect. Judge Kavanaugh’s dangerous views on the Second Amendment are far outside the mainstream of even conservative thought and stand in direct opposition to the values and priorities of the vast majority of Americans. America needs a Supreme Court justice who respects the Second Amendment but who also realizes reasonable regulations that reduce gun violence do not infringe on anyone’s constitutional rights. But that’s not the kind of justice President Trump nominated today.

“America’s gun violence epidemic weighs daily on the minds of so many families in our country. Parents live in fear of hearing their children describe to them what it’s like to go through an active shooter drill. Too many people in communities across the country live in fear of being shot in their neighborhoods. In states across the country, students and voters have been speaking up, taking to statehouses, and demanding that lawmakers pass effective gun safety legislation. Their advocacy is delivering results: just since the massacre in Parkland, more than 50 gun safety bills have passed in 26 states. Should the Senate confirm the nomination of Judge Kavanaugh, we have every indication to believe that he will prioritize an agenda backed by the gun lobby, putting corporate interests before public safety. Make no mistake, the progress we’ve achieved passing firearm laws that save lives every day will be in serious danger.”

Hannah Shearer, Staff Attorney and Second Amendment Litigation Director at Giffords Law Center

“Judge Kavanaugh has expressed a dangerous hostility toward reasonable gun regulations and made clear he believes the government’s power to address gun violence is extremely limited. Judge Kavanaugh rejects the idea that courts should consider public safety when judging gun cases and would strike down bedrock gun laws like those that restrict civilian use of the dangerous, military-style weapons regularly used in mass shootings.

“Even Justice Scalia, one of the most conservative Supreme Court justices in modern history, endorsed reasonable firearm regulations like the ones Judge Kavanaugh would strike down. Judge Kavanaugh’s positions on the Second Amendment are outliers far outside the mainstream, and confirming him to the Supreme Court could negatively impact efforts to fight gun violence for many years to come. The notion of Judge Kavanaugh serving on our nation’s highest judicial bench should worry Americans who care about the safety of their families and communities. Now is the time for them to speak up and demand a nominee who will respect centuries of American legal tradition, recognize that gun rights have always gone hand-in-hand with responsible regulations, and put the life and liberty of all Americans ahead of the interests of the gun lobby.”

Since District of Columbia v. Heller was decided by the Supreme Court ten years ago, the lower courts have overwhelmingly upheld reasonable gun safety laws more moderate than the handgun ban Heller invalidated. The United States Supreme Court has not granted review in a significant Second Amendment case since Heller and its companion case, McDonald, and they have denied review in more than 80 cases. The confirmation of Judge Kavanaugh could mean that the Supreme Court intervenes more in these lower-court cases and overturns decisions that have consistently protected public safety.

In the near future, the Supreme Court may have the opportunity to rule on a variety of Second Amendment issues that are pending in the lower courts. For example, a series of NRA-backed lawsuits were filed this spring to challenge strong concealed carry permitting laws in New Jersey, Maryland, and New York. The NRA has also filed or supported a number of suits challenging critical gun safety measures adopted after the Parkland massacre, including laws that restrict access to the large capacity magazines used in Parkland and other mass shootings. Any one of these cases could be the next major Second Amendment case to reach the Supreme Court, with critical implications for public safety.

Frankly, I do hope Hannah Shearer is correct in her assumption that the Supreme Court might finally start hearing Second Amendment cases. Their failure to do so merely has encouraged judges in lower courts who disagreed with Heller to ignore that opinion and to use the Supreme Court as a doormat.

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Shocking! A Semi-Honest Email From A Gun Control Group

June 30, 2018 by

I received an email yesterday from Peter Ambler who is the executive director of that cult of personality known as Giffords. His email said they inundated you with emails on a regular basis in the hopes you’d kick in a few bucks. I was shocked by this honest admission.

John –

We send a lot of emails. No doubt about it. You probably get as many messages from us as you do from members of your family. There’s a reason for that.

Can we explain?

The truth is, the overwhelming majority of the donations we receive come from lots and lots and lots of people giving small amounts of money. People of all backgrounds and in all communities chipping in 5, 10, 20 bucks because we all share one goal: changing our gun laws and saving lives.

And most of those donations? They come in response to emails like this one. So now you can see why they are so important… and why we have to ask:

Can you chip in $3 to Giffords PAC as part of our emergency 72-hour fundraising drive? It ends tomorrow at midnight. So this is important.

Gabby, Mark, and everyone at Giffords are extraordinarily proud of the way we raise our money here. Not just because it keeps us in the fight against the gun lobby, but because so many people stepping up to take ownership of our country’s future on this issue is how we create change.

All my best,

Peter Ambler
Executive Director, Giffords

I can’t say this email is completely honest because I know they’ve received many five and six figure donations. In their latest report with the Federal Elections Commission they reported large donations from people like Jon Shirley ($30,000), former president of Microsoft, and Marcy Carsey ($25,000), the Hollywood producer. Going back even further you find donations from Michael Bloomberg ($250,000) and Connie Ballmer ($250,000), wife of former Microsoft CEO and LA Clippers owner. I will give Ambler this that the trend is now towards unitemized donations aka small ones as opposed to large donations that the FEC requires to be identified as to the donor and amount.

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The Truth Is Scary To The Gun Prohibitionists!

May 2, 2018 by 1 Comment

The cult of personality known as Giffords sent out a fundraising email this afternoon. They called attention to the NRA Annual Meeting in Dallas and, in particular, to a seminar put on by Dr. John Lott regarding the false and misleading claims made by the gun control industry.

This weekend, the NRA gathers for its annual convention in Dallas, Texas.

And on Sunday morning, at 11 am, one of the most important events happens in two combined meeting rooms, D163 and D165, on the ground floor of the Kay Bailey Hutchison Conference Center. It’s titled:

“The War on Guns: Arming Yourself Against the False Claims That Will be Made Against Guns During the Election”

Here’s the truth: the American people are wise to the game. They know that if more guns made America safer, we would be the safest nation on the planet.

But change will never happen until candidates and elected officials understand there is more to fear from all of us than what’s happening in Dallas this weekend.

They are correct about two things: the NRA gathers this weekend in Dallas and John Lott’s message is important. If Dr. Lott’s message, facts, and figures were not valid and not important, they would not have brought attention to it. If they didn’t consider it a threat, then they wouldn’t have attacked it.

Notice their sleight of hand in saying “if more guns made America safer, we would be the safest nation”. The former is comparative while the latter is superlative. Thus, in their false comparison used to attack gun ownership, one more firearm would make the US the safest country in the world. No one in the gun rights community has makes that argument.

Jonathan Sullivan aka Linoge at the blog Graphical Represention and its predecessor Walls of the City looked the gun control argument of more guns equal more deaths.  He found a negative correlation between the two. Moreover, he has replicated this study for a number of years as new data has become available. Using both firearms/death per capita and total firearms/deaths, he found a negative correlation. While it can’t prove that more guns equal less deaths, it can be used to show that more guns does not more deaths.

Read Sullivan’s work and read Dr. Lott’s work. Both have delved into the numbers and found the arguments of the gun prohibitionists and their gun control industry lacking.

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Why Appeasement Never Works

April 12, 2018 by 2 Comments

Gov. Rick Scott (R-FL) probably thought rushing to get a gun control bill passed after the Parkland atrocity would appease those calling for more gun control and help him in his run for the US Senate against Bill Nelson.

As Winston Churchill probably told Neville Chamberlain many times, appeasement never works.

I got the following email from the cult of personality known as Giffords. They are asking for money so that they can defeat Scott in his run against Bill Nelson.

In just a moment, I am going to ask you to rush an urgent donation to Giffords PAC. I hope you’ll give me a chance to explain why this request — today of all days — is so important.


Yesterday morning, Florida’s Republican Governor Rick Scott announced he was going to run for U.S. Senate. And what we need to do right now is send him a message from every American who has had enough of the inaction from Congress on this issue. And that message is:


“Rick Scott, we are going to do everything we can to defeat you this November. The gun lobby doesn’t need any more allies in the U.S. Senate.”


Shortly after the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, we ran ads highlighting Rick Scott’s history of indulging the gun lobby’s every wish. Today, we need you to help us keep up the pressure:


Make a $3 donation to Giffords PAC today to help us ensure that Rick Scott gets nowhere near the U.S. Senate where he will cast votes on gun violence legislation that impact every American.


If we can send a message to politicians across the country that their path to further elected office is imperiled by their support for the gun lobby’s priorities, we will do more than we could possibly imagine to change the trajectory of this debate.


And that starts with keeping Rick Scott out of office.


All my best,


Peter Ambler
Executive Director
Giffords PAC

I hate to break it to Peter Ambler – and to Rick Scott – but we in the gun culture really don’t consider Scott an ally. If Rick Scott was an ally, 18 through 20 year olds wouldn’t have lost their ability to purchase a rifle or shotgun.

Uncategorized

Much Ado About Nothing

February 14, 2018 by 2 Comments

The Brady Campaign, CNN, and the cult of personality known as Giffords are all in a tizzy that an BATFE official actually reached out to a lobbyist for comments. You may remember the white paper written by BATFE Associate Deputy Director Ron Turk that suggested items for discussion with regard to firearms regulations. The white paper was released after the inauguration of President Trump. It is to be noted that Ron Turk has always maintained that the items discussed in the paper were not official policy but rather items for discussion that he proposed.

According to CNN, after writing his initial draft of the white paper, Turk sent it to firearms lobbyist Mark Barnes for comments.

“If I am missing the mark on a major issue or disregarding a major discussion point any feedback you have would be appreciated,” Turk wrote to the lobbyist, Mark Barnes, on January 9, 2017. “My hope is that the agency can demonstrate flexibility where appropriate and identify areas for further discussion, recognizing that solving everyone’s concerns on each side would be difficult.”

Some of the suggestions from Barnes were included in the final draft of the white paper. Things like allowing dealers to use the NICS system to run background check on their own employees and a re-examination of a 20-year old sporting use study in light of the sporting uses of AKs and ARs. However, things that Barnes also suggested like loosening restrictions on the imports of SKS carbines and Makarov pistols from Russia were not included.

I think what has the gun control lobby and their enablers in the media so upset is that they weren’t approached for suggestions.

From Avery Gardiner of the Brady Campaign:

“I was surprised to see that the draft document had been emailed out to a gun industry lawyer and the final product took his suggestions as edits — without any disclosure of that until we went to court to get these documents,” said Avery W. Gardiner, co-president of the Brady Center. …


“There was a secret white paper that was partially written by the gun lobby. That’s exactly the kind of thing the Freedom of Information Act is supposed to address — transparency of government,” Gardiner said.

And from David Chipman, the former BATFE Special Agent who now works for Giffords, who is dismayed by the revelation:

“An independent ATF is critical to this nation’s security. The white paper suggests that the gun industry’s quest for power and influence has trumped public safety,” Chipman said.

An interesting side note on Chipman, he is a 1984 graduate of Phillips Exeter Academy – the ultra-expensive, ultra-upper class, prep school. I’m having a little bit of cognitive dissonance over a preppy actually getting his hands dirty working for a lackluster agency like BATFE. Isn’t that a little beneath a graduate of Phillips Exeter?

Back to the story in question, think back to the Obama Administration and all the photo ops and meeting held with the gun control industry. They were quite numerous. I think the problem here is that they are miffed to be on the outside looking in as opposed to the good old days when they had a seat at the table.

The CNN story does have link to all the drafts of the white papers if you are interested. They have also included a video on the page that seems like an outright editorial call for universal background checks. As Glenn Reynolds has often said they are Democratic operatives with a byline. I’d modify it to include gun control advocates with a byline.

Uncategorized

Too Slick By Half

December 6, 2017 by 2 Comments

The (anti-gun) cult of personality known as Giffords has produced a Concealed Carry Reciprocity Toolkit for all their uninformed followers. It provides talking points, phone scripts, email templates, pre-written tweets, ready-to-use graphics, and loaded (pun intended) town hall questions.

Here are some of their talking points:

TALKING POINTS

  • This bill would make it legal for dangerous and untrained people to carry loaded, hidden guns in more public places. If this bill passes, people who are prohibited from getting a concealed carry permit in a state with strong gun laws will be allowed to apply for a permit in a state with weaker laws. This includes convicted stalkers, domestic abusers, people convicted of violent crimes, and people with no training or experience firing a gun.

  • This bill fails to create a national standard for who should be allowed to carry a concealed weapon and undermines states rights by forcing states with strong concealed carry laws to honor permits from states with weak or non-existent concealed carry laws. Right now, states have the right to choose which states’ concealed carry permits they recognize, which is important because the requirement to carry hidden, loaded guns in public vary drastically from state to state. If this bill passes, that will no longer be the case.
  • Concealed carry reciprocity will make it nearly impossible for law enforcement officers to quickly and easily verify that people carrying a hidden, loaded weapon are doing so legally. Nearly every major law enforcement association OPPOSES this bill because of its disastrous consequences for public safety.
  • Concealed carry reciprocity will threaten the safety of victims of domestic violence, dating violence and stalking by enabling domestic violence offenders to follow their victims across state lines with loaded, concealed firearms. Preliminary data from the National Domestic Violence Hotline shows that 23% of victims reported that their abuser crossed state lines in an attempt to further assault their victims.
  • Weakening gun laws will increase violent crime in our communities. Recent research found that violent crime increased in states that loosened concealed carry laws, with 10% more murders and up to 14% more violent crime.

You can examine the entire document here.

What I think this illustrates is just how much of a top-down, Astro-turf organization that the group formerly known as Americans for Responsible Solutions really is. This was obviously created for them by public relations and media professionals. It assumes that the Know Nothings who feel that “something has to be done” are too uninformed to write their own letters or say something more than “I’m against this” when calling Congressional offices.

I find it highly ironic that a group so closely associated with the Democrats would go full “states’ rights” in their opposition to carry reciprocity. While it is now the rallying cry of the progressives on this issue, it was the rallying cry for racist Democrats in the 1950s and 60s in their opposition to integration and civil rights.