No, you can’t blame the Republicans for lack of gun control

Yesterday was a victory for the United States – the Senate prevented shredding the 1st, 4th, 5th, 8th, and 14th amendments in order for Senate Democrats to restrict the 2nd.

This is being played as Republican’s wanting to sell guns to ISIS. I’m not joking, that’s actually what Sen Chris Murphy stated:

We’ve got to make this clear, constant case that Republicans have decided to sell weapons to ISIS

Why? Because the Senate Democrats put forward bills to restrict gun sales to people listed on the US Government’s Terror Watchlists.  The same secret watchlists that the even ACLU is saying not to use for gun control.

So what was the problem with the proposed bills from the Democrats? TL;DR – they wanted people to prove their innocence, eliminated due process, and a host of other issues.

The Republican’s put up two alternative bills in order to quell public fears:

Grassley Senate Amendment 4751

Senate Judiciary Chairman Chuck Grassley’s piece of legislation aimed to bolster the National Instant Criminal Background Check System (NICS) through increased funding. Other than Indiana Senator Joe Donnelly, Democrats voted against the measure,

Grassley’s bill failed 53-47.

https://www.congress.gov/amendment/114th-congress/senate-amendment/4751/text?resultIndex=2

Looks like the Democratic party isn’t for bolstering the NICS system.

The Republicans also put a bill up allowing use of the Terror Watchlists to deny gun sales provided the feds could show probable cause:

Senate Amendment 4749

Another bill, put forth by Senate Majority Whip John Cornyn, would have allowed a federal judge to block a gun sale pending there is probable cause that an individual “has committed or will commit an act of terrorism.”

The Cornyn bill failed 53-47.

https://www.congress.gov/amendment/114th-congress/senate-amendment/4749/text

 

 

In closing, the any spin about how this is all the Republican’s fault is misplaced – the Republican’s proposals had much more support and protected core constitutional rights.

Also of note: Universal Background Checks, which were utterly unrelated to the Orlando shooting and would not have prevented it, were also defeated yesterday. Hooray!

NOWTTYG: MSNBC Urges Dem Senators o Seize ‘Opportunity’ of Terror Attack to Push Anti-Gun Agenda

Newsbusters posted this a few days back, with a clip from MSNBC’s Morning Joe show.

Here’s the transcript:

JOE SCARBOROUGH: …background checks, still 97% of Americans support background checks. 60% of American support some sort of ban on so called assault weapons. In that stricter gun law, 61% support. That assault weapon number is higher than usual. So now does seem like again an opportunity, I think, in large part because of the acts of terror that have happened in San Bernardino and then in Orlando. 

KATTY KAY: You know I think there is an opportunity, but all of us who have watched this over the years right Joe after Newtown we’re so feel so cynical and defeated about the prospect of getting anything done. But I was wondering, from the senator, is there anything that can be done short of changing the statutes. For example, red flags that pop up to the FBI if somebody has been under investigation, but that investigation is now closed. Which is what the FBI’s argument is in this case. Is that you know is there something that can happen short of having to actually get congressional approval?

Oh, this is an opportunity for change? Let’s approach this from a facts based manner:

The last “several” mass shootings were carried out by people who were background checked, or more. In the case of the Orlando shooter:

  • The shooter bought his guns at a gun store, where he was background checked.
  •  He had a concealed carry permit, for which he was background checked.
  •  He had a state firearms license, for which he was background checked.
  •  He was also an armed security guard for a government contractor which required an active security clearance, for which he was (you guessed it) background checked.
  • Somewhere in the last two he had to have 60 hours of training and a medical exam that certified he had no issues.
  •  The FBI interviewed him, twice, and investigated him for 10 months. He wasn’t on the Terrorist Watchlist either – they pulled him off after they didn’t find anything actionable.

Universal Background Checks wouldn’t have stopped this. Using the Terror Watchlist wouldn’t have stopped this. FBI interviews didn’t stop this. This was a government failure all the way around. This guy was a poster child for antigun policy proposals and still turned around and killed people.

In the case of San Bernardino, the shooters killed their victims in spite of a litany of California laws:

  •  Assault weapons ban.
  •  Mandatory handgun registration
  •  Mandatory rifle registration
  •  Mandatory safety training requirements
  •  Mandatory waiting periods before picking up guns after buying them.
  •  High capacity magazine bans
  •  Detachable magazine bans on rifles
  •  Mandatory Universal Background Checks
  •  Ban on open carry of weapons
  •  De facto ban on concealed carry thanks to arbitrary “may issue” requirements
  •  Total prohibition of bombs

Something does have to give. We need to stop rewarding the failure of gun control with more gun control. We need to examine whether these laws work, and if they don’t, eliminate them because they aren’t serving their purpose (other than to make red tape for non-criminals).

No one wants to take your guns: “Why It’s Time to Repeal the Second Amendment”

It’s gotten to the point where I’m going to have to create a new category: No One Wants To Take Your Guns.

Because this shit is getting out of hand.

Supposed Constitutional Law Professor David S. Cohen penned this nonsensical rant for Rolling Stone the other day, “Why It’s Time to Repeal the Second Amendment

In the face of yet another mass shooting, now is the time to acknowledge a profound but obvious truth – the Second Amendment is wrong for this country and needs to be jettisoned. We can do that through a Constitutional amendment. It’s been done before (when the Twenty-First Amendment repealed prohibition in the Eighteenth), and it must be done now.

Yeah, because we should just eliminate constitutional rights because something bad happened.  My rights end where your feelings begin. Mind you, this only applies to the 2nd amendment.  Hate speech? Well no, we can’t eliminate the 1st amendment!  A criminal getting away with murder because of the right to remain silent? Not a good reason there.

Rather, it’s only the burdensome 2nd amendment that is regularly targeted for elimination.  And remember, no one wants to take your guns.

Breaking: 9th Circuit en banc on Peruta – 2nd Amendment does not apply to concealed carry

Just released:

The en banc court affirmed the district courts’ judgments and held that there is no Second Amendment right for members of the general public to carry concealed firearms in public.

Appellants, who live in San Diego and Yolo Counties, sought to carry concealed firearms in public for self-defense, but alleged they were denied licenses to do so because they did not satisfy the good cause requirements in their counties. Under California law, an applicant for a license must show, among other things, “good cause” to carry a concealed firearm. California law authorizes county sheriffs to establish and publish policies defining good cause. Appellants contend that San Diego and Yolo Counties’ published policies defining good cause violate their Second Amendment right to keep and bear arms.

The en banc court held that the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment. Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including  a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question.

https://cdn.firearmspolicy.org/wp-content/uploads/2016/06/2016-6-9-peruta-richards-enbanc-opinion.pdf

As a reminder, California bans open carry entirely. By allowing arbitrary “good cause” requirements for concealed carry that can be denied under any pretext, the 2nd amendment is effectively non-existent outside of one’s home.

The Supreme Court will have to weigh in with a solid decision stating the 2nd Amendment applies to carry outside the home in order to overrule these sorts of decisions – and this will require another district coming up with a ruling opposite what the 9th circuit has returned.

Social Engineering Opportunity: Gun Buyback in Miami = opportunity for buyers

Oh look, another gun buyback…

A South Florida boxing gym is taking a stand against gun violence in hopes of making our neighborhoods safer. A gun buyback event is being held in Miami this weekend.

“We need you guys to turn in your guns. We need the community from all over Miami-Dade County to show up and show out because too many young people have been shot or killed by senseless gun violence,” said Rev. Jerome Starling, Jordan Grove Baptist Church.

http://www.nbcmiami.com/news/local/Gun-Buyback-Event-in-Miami-Hopes-to-Curb-Gun-Violence-371738391.html

Well, let’s see what the plan is:

The plan is to give people $100 gift cards for each working gun they turn in and $50 gift cards for guns that don’t work.

The Heavyweight Factory boxing gym in Hollywood is sponsoring the event and donating $100,000 for the gun buyback. The owner of the gym grew up in Liberty City.

Hmmm, $100 gift card?  This seems like an excellent opportunity for enterprising buyers to offer $150 cash for any AR-15 or SW686 or Colt 1911s that would be turned in.

Or to head on down to Home Depot and make a few pipe guns.

KY Permitless Carry a possibility? HB 531!

From the NRA:

Today, House Bill 531 was introduced by state Representatives Hubert Collins (D-97) and Jody Richards (D-20).  HB 531 would allow a law-abiding individual, to lawfully carry a concealed handgun for self-defense without needing to first obtain a government-issued license.  This legislation has been referred to the House Judiciary Committee for consideration, and your NRA-ILA expects a Senate version of HB 531 to be introduced later this week.

This bipartisan legislation recognizes the right of Kentuckians to legally carry a concealed firearm without the requirement of acquiring a Kentucky concealed carry deadly weapons license (CCDW).  HB 531 is a much-needed update to concealed carry in Kentucky, allowing law-abiding gun owners the ability to better protect themselves and their loved ones.  This legislation would give Kentuckians the freedom to choose the best method of carrying for them, based on their attire, gender and/or physical attributes.  HB 531 would also keep in place the current permitting system so that people who obtain a permit could still enjoy the reciprocity agreements that Kentucky has with other states.

https://www.nraila.org/articles/20160301/kentucky-permitless-carry-legislation-introduced

Hot damn if this makes it through!

Edit: looks like this also prohibits employers from banning CCW and allows for campus carry too!

Thoughts and Musings on Gun Control & Crime

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