Category Archives: gun politics

Alan Gura – victory

Big DC win

In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny. Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional. Accordingly, the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.4 Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

 

DC law that was voided

the pertinent part is:

(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:

(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee’s duty hours;

(B) A police officer who has retired from the Metropolitan Police Department;

(C) Any person who seeks to register a pistol for use in self-defense within that person’s home; or

(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.

Voiding this portion would allow for self-defense use outside of the home.  The way our legal system works, when there is no law forbidding an action; that action is legal and defensible against authority.  That is how many states are Open Carry states.  No law against it, makes it legal and permissible.

An even better voiding

No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in § 22-4515, except that:

edited for brevity

if this is voided, it pretty much puts DC in the condition of Constitutional Carry.  As of last night, DC has better carry laws (lack of) then Texas, Florida and Arizona.  Now I am not driving up to DC to Open Carry down Pennsylvania Avenue today.  I really can’t afford the test case legal fees or the potential bullet holes in my chest from DCPD.  But, technically this is completely legal, right now.

I fully expect the DC legislative goons to enact some emergency provision to shut this down around 9am Monday morning.  However, the judge specifically stated DC must enact a Constitutionally acceptable method of allowing for CCW and Constitutional Carry is in effect until they do.  This will likely result in a knee jerk reaction the the DC kleptocrats that includes extensive and expensive training programs, extremely long wait times, “good character” limitations and specific narrow limits on which firearms are “safe enough to carry”, possibly even regulations of ammunition that is “safe enough to carry”.

Even though this would seem like a loss to our side, in the long run such defensive actions should result in an even larger / more explicit win for us.  We will get injunctions, we will get further definition from the court, we will have sympathetic people whose right is adversely affected and Scotus will be forced to more narrowly define the “reasonable restrictions” of Heller.  We should be able to effectively revoke “poll taxes”, character checks and all other effective bans on the poor and not politically connected from receiving a carry permit.

Thank you Alan Gura and SAF for all your help in securing our RKBA as written.

 

 

 

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Filed under awesome, gun politics, guns

Gun on Campus – Honest mistake, Really? “Click here”

Let me get this straight.

 

You are a community activist who is outspoken against guns.  You were a driving force behind the passage of the law in NY State to make the penalty for carrying a gun on any school campus a felony.  You helped get this law passed LAST YEAR.  Then in a stroke of complete genius, you bring a gun onto campus AND someone figures out you have said gun.  Wait, doesn’t that make you a HUGE hypocrite?  Anti-gun activist who has a gun permit and actively carries a gun most of the time.  Logic fail, or are the laws only for the little people?  You of course are NOT a little person, you sir are “special”, right?

Let me get this straight.

The defense you are now offering against the arrest and two felony counts is, “it was an honest mistake.”

An honest mistake.  Hmmm let me ponder that.  I think this is a giant case of the goose and the gander getting the same treatment.  I think this is a case of shut up and take the medicine you prescribed.  I think this is a case of you lay down with dogs, you wake up with fleas.  I think if this had been me or any other non-community activist, the keys to the jail cell would have long ago been lost.  As a nation formerly governed by the rule of law, I am certain that genius community activist will be very willing to receive what he has required to be meted out to others.  NOT.

News flash.  You aren’t one of the “special” people recognized by the law.  You are only special in your own mind and it looks like that degree of imagined special made someone mad and they hit you in your hypocritical junk.  I can’t say that your situation doesn’t bring a smile to my face.  Karma delivering Schadenfreude.

Now that you are staring at a pair of FELONY convictions.  You know, the convictions that will BAR you from having a carry permit.  Does the law you worked so hard to pass, look so smart?  Does that law protect kids at school or does it just  turn ordinary community activists into felons?  Have you had the epiphany that many mugging victims have?  Or are you like the rest of the “I am special” brigade and immune to the lessons of life?

Time will tell, but I hope you have learned how powerful the law of unintended consequences can be.

 

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February 9, 2014 · 08:06

Ghost gun ???? (Click here)  h/t to Rightisright

You can’t make this shit up.

Hey dufus LEARN the LINGO (or at least pay someone to write it on the teleprompter for you).

If I was going to crusade against something, I would at least learn the lingo of that something.
Lets say I was gonna hate on the gay community.
I would be well advised to figure out the difference between bi, gay, lesbian, transgender and transvestite. Perhaps, figure out what bears and cubs are. Perhaps figure out who NMBLA is. If for no other reason, so I don’t take any NMBLA donations.
Lets say I was gonna hate on Harry Reid. I would be smart to figure out if he is a state or federal politician, if he is in the Senate or the House and what state he is from. Perhaps I should also determine if he is a democrat or republican.
Lets say I was gonna hate on… oh hell you get the point.
This ain’t rocket surgery people.
Or
As my High School Chemistry teacher was fond of saying.  “It is always better to be thought an idiot, then to open one’s mouth and remove all doubt”.

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January 20, 2014 · 15:42

Schadenfreude – ACA vs Illinois CCW (click here)

In two months of Illinois obamacare enrollment, +/-7200 people enrolled.

In ONE DAY, +/- 4500 people signed up for the Illinois Carry Permit.

 

I really don’t think I need to add anything else that that.  Self explanatory.

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January 7, 2014 · 11:05

NY unsafe act

I have something like 45 first cousins.  Something about being from a Catholic family on both sides and having 20+ aunts and uncles when you include the spouses.

One of my favorite cousins got married on 27 Dec 2013.  He and his (now) wife are both from the PR of NJ.  I was excited when I discovered they were not having any of their nuptial events in their state of residence.  Then a few seconds later, I realized I still had to face a choice of attending my cousin’s wedding or exercising my Constitutional Rights.  The newlyweds decided to hop over the border to New York for their festivities.

So I discuss with my wife, the time off work, the cost of flying or driving up to New York, hotel, etc.  Then we discuss, how we will deal with our firearms on the way up and how we will remain legal in the state of New York – or if we should just follow the Constitution, New York laws be damned.  The bottom line, since our carry permits are not reciprocated in New York we are almost as illegal having the guns in our vehicle as we would be with the guns loaded and chambered on our persons.  This kind of makes it difficult to not carry them “illegally” if we attend the events.  Well, either that or we do as my parents chose to do and leave the guns at home.  NOT happening.

In the end, I decided it just wasn’t worth the time, effort and money to break my prohibition on spending any money in New York state.  I missed my cousin’s wedding and for that I am angry.  A state sponsored violation of the US Constitution kept me from enjoying a family event. 

All of this, and the judge only disputes the 7 round limit as the only portion of the law that is unconstitutional and mainly because gun / magazine manufacturers didn’t already make 7 round magazines.  In his mind that creates a burden on gun owners and manufacturers.  Really, what about the burden of not being able to exercise my right to keep and bear arms?  What about the right to freely travel within these United States?  What about the right to freely assemble?  What about HELLER?

As much as I would have enjoyed my cousin’s wedding

As much as I would have enjoyed my gun protecting the event

As much as I would have enjoyed breaking the Unconstitutional NY Safe Act law

It just wasn’t worth the drive, the time spent driving just to run the gamble on getting pulled over for some imagined traffic violation and having an unconstitutional search and seizure discover my “illegal” handguns loaded to standard (illegal in NY) capacity, not to mention my trunk gun…

Cousin, I am Sorry.  I hope the wedding was a huge success.  I hope the marriage is the best thing you ever tripped into.  I just couldn’t justify the trip or the potential jail time.  If you decide to renew your vows in 10 years.  Do it in Pennsylvania or hope the Second Amendment has been incorporated against the various states by then.  I really would like to attend.

 

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January 2, 2014 · 08:49

It only took 3% in 1776

Several hundred Sheriff’s have refused to enforce new gun laws.

Please understand, this is several HUNDRED publicly elected or politically appointed LEO professionals who have PUBLICLY and OFFICIALLY stated they will not enforce these laws.

Many of these men and women, couch it in terms like “low priority for enforcement”.  Sort of a follow the lead of the obama administration’s immigrations law enforcement techniques.  It seems all is fair in love, war and politics.

 

 

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December 16, 2013 · 22:26

H/T Robb Allen 2nd Amendment

Lets start with the Second Amendment.
For all the clarity of language of our Founding Fathers, people who were VERY literate, we seem to muddle it up fairly badly.  I also realize this is often the intend of a certain section of society.
As currently written:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

A suggested revision:
The right of the people to keep and bear arms shall not be infringed.  This is necessary for the security of a free people and thus a free Republic.  This amendment forbids the restriction of ownership, usage, storage or means of carry of any arm for the citizenry.  It does; however, restrict the arms that may be owned, issued, used, stored or carried by agents of the state (at any level of governance) to those found in common usage by the citizenry.   Any elected,  appointed or volunteer agent of the state (at any level of governance) who votes for, enacts or otherwise enables infringement will be guilty of deprivation of rights under color of law.  Said agent of the state shall be responsible for all associated legal fees for both sides and shall be imprisoned for a term of not less than 13 months nor more than 72 months.

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December 12, 2013 · 21:05