Tag: gun control

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Second Amendment rights

Gun Grabbing G‑Men

red flag, gun control, 2nd Amendment, FBI

The FBI itches to take away your guns.

Or at least some people’s guns. That’s what recent revelations indicate, anyway.

What happened is that FBI agents got at least 15 people — it could be many more — to sign away their rights to obtain and possess firearms. Specifically, we read at The Epoch Times, “FBI officials had Americans fill out a form that said they want the FBI to make it illegal for them to purchase or own guns forever because of a mental health condition.”

Yes, it’s a strange case. 

“We’ve learned the FBI had no business disarming these individuals. They did not pose a threat to society. The FBI actions were wholly unlawful,” explained Aidan Johnston, president of a national firearms rights group, Gun Owners of America. GOA demands that “the FBI remove the records from the background check database by Oct. 8 and that Congress enforce the removals.”

This is all about Red Flag laws and similar legislation, such as the “federal law [prohibiting] shipping, transporting, receiving, or possessing any firearm or ammunition” by anyone who has been “adjudicated as a mental defective” or “committed to a mental institution.” But these people were not adjudicated on any status like that. Somehow the FBI pressured them to “give up their rights” — which technically cannot be done. 

But can be, in practice.

I said it was a strange case. Senator Rand Paul (Ky‑R) highlighted the strangeness on Fox News, noting the legal puzzle of “how someone that’s mentally incompetent to own a gun could be competent to sign away their gun rights.”

More reasons to distrust the Federal Bureau of Investigation.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom Second Amendment rights

Cannabis and Carry

guns, gun control, marijuana

The Biden Administration wants to make sure that marijuana users do not own guns. 

Florida Commissioner of Agriculture Nikki Fried, a Democrat, is not with the administration on this matter. Her department oversees concealed carry permits as well as some cannabis regulation, and she “argues that prohibiting all cannabis consumers from owning guns violates the Second Amendment” as well as violating “a congressional spending rider, known as the Rohrabacher-​Farr Amendment, that bars the Justice Department from interfering with the implementation of state medical marijuana laws,” explains Jacob Sullum for Reason magazine. Fried has sued the federal government to allow Florida to grant concealed carry permits to marijuana users — something the federal government disallows.

The Justice Department has now asked the courts to dismiss the case.

This is especially rich, since President Biden himself has been on the liberal side of marijuana regulation — though certainly not with guns, where he’s on the tyrants’ side.

Among many inconsistencies, current law does not prohibit people addicted to legal psychoactive drugs from owning guns, as Sullum notes, nor make a big deal about alcohol, the abuse of which has a well-​understood linkage with violence, while marijuana does not.

One could go through all the inanities, here, but we should not assume government makes sense on these issues. The federal government should generally not be in the business of regulating either gun ownership or drug usage.

States that recognize “constitutional carry” show how Florida could advance beyond the current mess of too much government interference in this realm. 

It wouldn’t be an issue were Florida to get out of the concealed carry permit racket.

This is Common Sense. I’m Paul Jacob.

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crime and punishment local leaders Second Amendment rights

A Constitutional Sheriff

ATF, guns, Sheriff, 2nd Amendment

For residents of Klickitat County, Washington, it’s an easy two-​step process. 

Well, optimally, one step. Two only if necessary.

County Sheriff Bob Songer tells gun-​owning constituents that if agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives come to their door wanting to inspect their guns but have no warrant, they should tell the agents to go away.

ATF agents have started to make “surprise home visits of persons who have purchased two or more firearms at one time.” The sheriff was alerted by video of such a visit to a home in Delaware.

Republican Congressman Matt Rosendale of Montana has called for an investigation into the intimidatory practice.

Although Sheriff Songer knows of no such incidents yet occurring in the Evergreen State, he wants his county to be prepared. So he also provides a second step: if the agents don’t leave when asked, the resident should call Songer. He will then “make contact with the agents. If they still refuse to leave, I will personally arrest the ATF agents for Criminal Trespass and book them into the Klickitat County Jail.”

All other sheriffs, please make the same announcement.

Songer belongs to the Constitutional Sheriffs and Peace Officers Association and regards protecting the constitutional rights of his constituents as part of the job.

When it comes to respect for the Constitution, there really shouldn’t be more than one type of sheriff. But if there are going to be more than one, “constitutional sheriff” is the type you want to be.

This is Common Sense. I’m Paul Jacob.

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crime and punishment national politics & policies Second Amendment rights

A Mad Cycle

gun free zone, 2nd Amendment, guns, gun control. US Constitution

The cycle runs like this:

  1. Some (usually young) man shoots a number of people in a gun-​free zone;
  2. Media people whip their viewers into a frenzy about the need for “common sense gun control laws” or a complete gun ban;
  3. Politicians scurry to “do something.”

Despite the fact that the Uvalde and Indianapolis mall shootings suggest contrary policies, Congress has just produced a law that actually takes a step … in the wrong direction, adding more penalties, for example, on top of existing penalties for convicted felons caught in possession of firearms.*

“Contrary to what you may have read or heard, the story of how that happened is not an inspiring example of bipartisan cooperation to protect public safety,” writes Jacob Sullum in Reason. “It is a dispiriting illustration of how the worst instincts of both major parties combine to produce policies that are neither just nor sensible.”

The deal gave R’s tougher sentences and D’s more gun control, and “both got to pretend they were doing something to prevent mass shootings.”

Not addressed? The insane policy, originally pushed by one Senator Joe Biden, of “gun-​free zones.” As anyone with common sense knows, bad guys who want to make a statement by killing lots of people, prefer gun-​free zones to other areas.

A more subtle aspect of the cycle is how the topic of gun legislation, as handled by politicians and major media propagandists, itself elicits broken men to break the law and kill, kill, kill.

What if the best way to break the cycle would be to accept the Second Amendment as a given and spurn every demagogue in Congress and the media who persists on defying the Constitution?

This is Common Sense. I’m Paul Jacob.

* Neither the Uvalde nor the Indianapolis shooter were convicted felons.

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Accountability Second Amendment rights

Accidentally on Purpose?

Sacramento, California, guns, permits, privacy

“Just an accident?” 

Maybe. 

But the “accidental” release of the private information of thousands of California gun owners is just the sort of thing that many foes of Second Amendment rights would happily perpetrate.

So we can be forgiven if we harbor doubts.

On June 27, the California Justice Department’s 2022 Firearms Dashboard Portal went live. The publicly accessible files included private details — names, dates of birth, and home addresses — about persons who had applied for concealed carry permits between 2011 and 2022. More than enough information to cause trouble.

The info was removed the next day. Attorney General Rob Bonta said that his office would investigate. 

The California Rifle & Pistol Association is threatening to sue.

If the leak was deliberate, maybe the AG was not responsible even indirectly. Maybe the culprit was some anonymous clerk, akin in spirit to the clerk at the U.S. Supreme Court who leaked Dobbs.

If the leak was a pure accident, though, the degree of carelessness strains credulity. This wasn’t a hack of data that had been poorly encrypted in keeping with modern traditions of lackadaisical security. The data was out in the open for all to see.

But, sure, maybe the exposure was unintentional. Maybe what happened was just some tech guy not knowing what he was doing. And every tester of the system also screwing up. Etc.

Such blunders are not unknown. Government workers have bungled bigly before, serially and in parallel. There are precedents. Yes.

So maybe.

But if government cannot reliably keep private information confidential, then maybe it should not require the logging of such information in the first place. Maybe “concealed carry” should be a right, not a licensed privilege.

This is Common Sense. I’m Paul Jacob.

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ideological culture

Not Tired of Winning

Paul Clement, 2nd Amendment, guns, law

The title of a Wall Street Journal op-​ed by lawyers Paul Clement and Erin Murphy, “The Law Firm That Got Tired of Winning,” is not strictly accurate.

As reported there and in an accompanying Journal editorial (“You Won Your Gun Case. You’re Fired”), the law firm Kirkland & Ellis did tell Clement and Murphy to quit their Second Amendment clients or quit the firm. But not because it was pushed past the edge of exhaustion when these attorneys won a major U.S. Supreme Court decision affirming the Second Amendment right to carry a concealed firearm.

Of course, the op-​ed title is ironic.

We all know that it’s the terror of the vituperative left that’s got Kirkland & Ellis suddenly gun-​rights-​shy and welshing on a prior agreement. In 2016, when the firm recruited Clement, he required as a term of employment that he be able to retain clients involved in Second Amendment litigation.

Clement and Murphy write that it is no novelty for lawyers to represent controversial clients and no virtue to abandon them for light and transient causes. Moreover, the Constitution “isn’t self-​executing”; it depends on lawyers willing to take on controversial cases and judges willing to hear the best arguments for both sides.

So, rather than abandon clients of long standing, they’ve left Kirkland & Ellis.

Kirkland & Ellis has every right to run its affairs this way. But prospective clients should think thrice before entrusting their fate to such a firm.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom Second Amendment rights

Dis-​Armoring the Public

guns, self defense, protection

According to the government of New York State, it should be as easy as possible for a mass shooter to do the job.

No, this is not the stated goal of the “landmark legislative package” signed by Governor Hochul. It is merely what the result will be … to the extent that these new laws further prevent innocent persons from arming and armoring themselves.

You see, determined killers have no qualms about evading gun-​control laws, or much difficulty evading them. In New York, these laws now include a prohibition on selling body armor to anyone not a member of “specified professions” like the military and law enforcement.

Lawmakers and the governor ignore the slew of categories of other people who may have reason to especially protect themselves in public: unpopular people, famous people, wealthy people, people living in crime- or riot-​ridden areas, and nervous people who, in the judgment of somebody else, may be going overboard.

All have a right to protect themselves.

But that’s a right not now defended in New York, whose politicians prefer to enact silly “performative” legislation banning “devices incapable of offensive  use.” New Yorkers are just not supposed to notice that, in preparing to commit their crimes, bad guys do often use many of the same tools used by good guys to defend themselves … or just to eat steak (knives have been used to commit crimes) or go to the store (as cars can kill on purpose as well by accident).

It seems unlikely that governments will one day also restrict sales of steak knives and four-​wheeled vehicles to members of specified blessed professions. But the dictates of mere common sense provide no assurance here.

This is Common Sense. I’m Paul Jacob.

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crime and punishment defense & war general freedom Second Amendment rights

Spree Shooter Shot Dead

handgun, self defense, freedom, 2nd Amendment

We need to be reminded every now and then that shooting rampages can often be stopped as soon as they start — if only a good guy with a gun is on site and willing to use it. 

Or good gal.

Dennis Butler, a 37-​year-​old with an “extensive criminal history,” recently targeted the attendees of a party in Charleston, West Virginia.

Earlier, someone at an apartment complex had asked Butler to drive more slowly because there were children around. This made him feel explosive rage. So he fetched a semi-​automatic weapon that he owned illegally and started firing into a crowd of party-​goers at the complex.

A woman with a gun and presence of mind happened to be at the party.

“She’s just a member of the community who was carrying her weapon lawfully,” says police spokesman Tony Hazlett. “And instead of running from the threat, she engaged with the threat and saved several lives.”

No one in the crowd was reported to be injured.

I hope that if this heroic woman had been carrying her weapon unlawfully, relevant authorities would have cut her some slack. But it’s good that she didn’t have to deal with such a complication.

Butler is dead — shot multiple times by the woman with a gun. Police haven’t reported her name.

Just as well. We wouldn’t want her to become a target of gun-​control groups upset that she used a pistol rather than sharp words to dissuade Butler from killing everybody.

This is Common Sense. I’m Paul Jacob.

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crime and punishment national politics & policies Second Amendment rights

Not Saving Lives

prayers, circus, politics, politicians

Virtue signaling won’t stop a mass shooter. 

Nor will scoring political points. 

If we earnestly want to focus on preventing these horrific attacks, let’s stop wasting everybody’s time advocating new laws that we already know, had they been in effect, would not have stopped the Uvalde, Texas, school shooting. 

Or the recent massacre in Buffalo. 

Or virtually any other murder spree. 

“On the specifics,” Face the Nation host Margaret Brennan asked Sen. Chris Murphy (D‑Conn.), “how would your federal background check have stopped either of these two shooters in Buffalo and in Texas? Neither of them had criminal records.” 

“I just don’t get into the trap of having to write a law for the last mass shooting that captured the nation’s attention,” the senator responded, arguing that “on the same day of the shooting in Uvalde, there were 100 plus other people in this country who died.”

Sen. Murphy was anything but frank, certainly, but it was an admission that his proposal is clearly not geared toward stopping massacres by gunmen.

Americans should ignore the political circus, realizing that the politicians are working on other agendas while these killers have serious and often completely untreated mental health issues. Let’s concentrate public policy — and everyday neighborliness — there.

Lastly, while some dismiss the value of “thoughts and prayers,” I do not. There is a social, emotional, spiritual element that I think we totally discard when all we can talk about is what a bunch of corrupt folks in Washington “must do” to solve our problems.

On the other hand, a return to a culture of mourning, thoughts and prayers might at least sober up those drunk on power. 

This is Common Sense. I’m Paul Jacob.

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First Amendment rights Second Amendment rights

Students Fight Back

Austin Tong, David Dorn, Hong Kong

Everywhere, assaults on freedom and free speech are going full blast. Violent True Believers are on the march as others, even if less overtly barbaric, provide cover, an excuse.

For example, the State University of New York at Binghamton has cooperated with left-​wing thugs to suppress conservatives.

The mob stole or destroyed posters and the table students were using to promote an appearance by Arthur Laffer, the noted supply-​side economist. The same mob also disrupted the lecture itself. A lawsuit brought by the victimized students accuses officials of failing “to take action to defend College Republicans’ constitutional rights” and supporting the “physically abusive actions of the College Progressives.”

Another student under attack is Austin Tong. Recently, the Foundation for Individual Rights in Education (FIRE) has been going to bat for Tong, a Fordham University student suspended for social media posts.

One is a picture of Tong holding (not pointing) a legally owned rifle, intended to draw attention to the Tiananmen Square massacre. The other shows black police captain David Dorn, who was murdered by looters. Its caption chastises members of the Black Lives Matter movement for apparent indifference to Dorn’s fate.

Before suspending him for “bias” and “threats,” university personnel showed up at Tong’s house to interrogate him about the posts.

Tong is unapologetic, and FIRE says that Fordham has “acted more like the Chinese government than an American university, placing severe sanctions on a student solely because of off-​campus political speech.”

Far from isolated cases, unfortunately.

This is Common Sense. I’m Paul Jacob.

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