The color scheme

A quick note on the color scheme. I cannot control the link colors. It is an artifact of Word. I've tried to get Blogger to change the link colors and it refuses to do so. If anyone has any ideas, let me know.

Ashley Smithwick and the Paring Knife

Since I live near Raleigh, and Sanford is pretty close, I spent the morning in the Lee County Board of Education’s emergency meeting. Instapundit posted that there would be an emergency meeting of the School Board to discuss Ashley Smithwick and her paring knife suspension/expulsion/double-secret probation.

First the hard news. The meeting was called to order at 9am promptly and immediately the Vice Chairman of the Board of Education, John Bonardi Jr., moved to go to closed session, to discuss “information not subject to public records," and to "preserve the attorney client privilege.". The vote was unanimous and the whole board left, saying they would be back soon. They returned at 9:41 AM and issued this statement.

The Lee County Board of Education is legally prohibited from releasing details and commenting on this student discipline matter further. The Board, however, contends strenuously that the related television and newspaper articles are inaccurate and that all relevant laws and board policies were adhered to and followed. Additional information will have to be obtained from the District Attorney and the Sanford Police Department. The Board, however, will be glad to comment further on this matter if the student and her parents will provide the Lee County Board of Education a written release of the school records.

Then the Board moved to adjourn and most of them left. The Chairman of the Board, Shawn E. Williams, and the Superintendent, Dr. Jeff Moss, stayed to speakwith the three TV media crews. I stuck around to listen.

Now for the “news analysis.” The whole thing struck me as silly. There was no reason to call an emergency meeting to have a discussion in private, to issue a press release. I can’t think of how they could have been more irritating in how they did it short of actually getting rude. The Chairman and the Superintendent were politicians. Who knew that a pair of leaders of a little school board in a small county in rural North Carolina would come across like seasoned politicians? They refused to characterize the situation at all. They did confirm that Ashley Smithwick was still enrolled at Southern Lee High School, but would not discuss whether or not she was allowed on campus. There are other students that are “enrolled” but are not on campus, such as homebound students, or others who are discipline problems, or students in “alternative” programs. This implied to me that the situation is as has been reported. She’s still “enrolled,” at the school, she just can’t go there. Or to any of her school related activities. Since she is enrolled, the school board would still be getting paid for her schooling, right?

When the discussion arose about the Smithwicks providing a written release, the Superintendent said that he would not, in their place, give a release to the press, because he would not want the press to be rooting around in his child’s records. That struck me as an implied threat. Don’t sign a release, or we’ll plaster every little detail of her records all over the news. That mischaracterizes the nature of a release. A parent and student may release all, some, or none of her records to anyone she chooses. It would be a simple matter for Ashley’s parents to have their lawyer type up a release allowing one person to read the records, and to give the School Board permission to speak to that one person. There is no particular reason that the release has to be all or nothing. I am willing to review those records and speak to the School Board if anyone knows Ashley and will put her in touch with me.

The things I want to know are

1.       What exactly was discovered

2.       Where it was discovered

3.       Why were they searching Ashley’s belongings for in the first place?

4.       Is she allowed on campus and to her extra-curricular activities?

5.       Why didn’t they shrug their shoulders and just tell her not to do it again?

What is law? Is it the words of the king, graven in stone, telling how you will be punished for violating laws you had no part in writing? Maybe in the days of Hammurabi, but now, in a common law country like the US, law is simply the prevailing morality of the community, written down. If we accept the story as basically true, Ashley had a knife in her lunch, for peeling her apple, the knife was her father’s, and so was the lunch pail, and the only reason Ashley had that pail was because of a mix up, then what we actually have is a conflict of world views. We aren’t arguing whether or not it is legal or not to carry a knife onto school campuses. What we are arguing is whether or not Ashley should be punished for a simple mix up. The School Board is pissed that she took her case to the court of public opinion.

Over two months after the event it is a mystery to us that the Smithwick’s concerns were not brought to our attention by the family through normal appeal procedures prior to going to the press.

The problem for the school board is that this is exactly where this should be decided. If the public does not see why Ashley should be suspended/expelled/placed of double-secret probation, then where exactly does the School Board get off making this a big deal? The fundamental question here is, who is in charge. Are a couple of elected School Board members and their hired Superintendent in charge? Or is the public at large allowed any oversight into their actions?

According to NC General Statutes, an ordinary paring knife is not a weapon for purposes of the weapons on campus law. The actual law here is

(d)       It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

If the knife shown in the photo here or in this video above, is the same type of knife she was caught with, why did this become such a big issue? If it was a paring knife, does is that a “tool used solely for the preparation of food?” It is smaller than a simple pocket knife. One should keep in mind that when the law is an ass, applying it so vigorously makes you an ass as well.

Update: It seems that the Superintendent, Dr. Jeff Moss, is really not liked by the newspaper in his previous location.


The next post on Ashley Smithwick

Surrender

What a fine example of leftist thought

I asked if he actually believed there could be a Christian method of slaughtering people in combat, or a Christian way of firebombing cities, or a way to kill civilians in the name of Jesus. Did he think that if enough Notre Dame graduates became soldiers that the military would eventually embrace Christ's teaching of loving one's enemies?

Who is this clown?

Colman McCarthy, a former Post columnist, directs the Center for Teaching Peace in Washington and teaches courses on nonviolence at four area universities and two high schools.

Oh, another living vector for the dead hand of Communism. Time to face the facts. The “Peace” movement was just a Communist led surrender movement.

“But there is only one guaranteed way you can have peace, and you can have it in the next second. Surrender.”

Does stupidity have to rear it's head so closely?

There's a proposed ordinance in Johnston County to ban firing basically every projectile weapon within 200 yards of an occupied dwelling. So your kid shooting a pellet gun gets a 20 cop beatdown like the guy in Nebraska. Johnston County is about 2 miles down the road from me, and probably where I'll move next. I'm not sure that I'll ever have the money to buy land enough to have 600 feet between me and a neighbor.

Southern Snow

This doesn't look like much snow



Until you realize that it is in Raleigh, North Carolina

Happy Global Warming!

Once you are approved, you can buy a gun

This starts off ok

DEERFIELD (NY) — You want a pistol license? You’re not alone. Hundreds of people do.

Yeah, of course more people want a pistol license. More and more people are learning that carrying a gun is legal and possible for the average citizen.

Dan Sullivan, Oneida County’s assistant pistol license officer, said 528 people were granted pistol licenses in 2009. This year, the number will be about the same.

Wow, that seems kind of low. 528 licenses for Oneida County? Out of 235,469 people, (2000 Census) Lehigh County, PA, has 312,090, and in 2007 issued 2880. This means that as a percentage of population, Oneida County is issuing pistol permits at a rate of less than ¼ of the rate of Lehigh County.

You can’t just go pick up a pistol license. Oneida County Judge Michael Dwyer, the county’s chief pistol license officer, requires prospective applicants to complete the first eight hours of the National Rifle Association basic pistol course.

“After that, you can make an appointment to be fingerprinted, and it’s a four-month process (background checks and more),” Sullivan said.

Yeah, I know. It’s a NC class, $90, and 90 day wait for an NC Concealed Handgun License

                “Once you are approved, you can buy a gun.”

WTF!!!! You have to do all of this the BUY a pistol? Who the hell do these people think they are? According to the Oneida County website, the majority of licenses are “Restricted” which means that they are only for “Hunting, Target, Camping and Hiking, (PDF)” not for “Full Carry”

5.*To Receive a "full carry" license or "unrestricted" license,  It is solely the licensing officers decision as to whether the applicant has demonstrated proper cause for the issuance of a unrestricted license.  As per PL400.(2)(F).   Additional training is not required to receive a pistol license.

Well, that’s a relief, you don’t need any extra training. You just have to be politically connected.

This is insane. A citizen should be able to walk up to any gun store and plunk down cash and receive a pistol in return. Who died and left these jokers in charge? Luckily, the Second Amendment Foundation is on the case.

Ht: The War on Guns

Mugabe and the White African

This movie is a real downer

This clip makes it look like there is a gun battle about to happen. In fact, throughout the documentary I keep expecting a gunfight to break out. There is no shortage of people that fall into the "He needed killin'" category, but they keep praying and not slaying. The movie would have been a lot shorter with me as the protagonist. One man would probably not make it against the entire ZANU-PF militia, but I'd have been shooting after the first 10 minutes. Like this guy.

Long story short, they threaten the guy and order him off his land and he tries to take the Government of Zimbabwe to court. The court delays and delays and delays. They get beat to a pulp. The court rules in their favor, and then thugs overrun the farm and burn it to the ground.

Here's a tip. All power is force. Any "power" that lacks the force necessary to require compliance is not power at all. A bunch of guys in pretty robes may make any "ruling" they like, but since they lack an army to shoot anyone who violates that ruling, they are pretty much worthless.

Bev needs to take guns off the table in her re-election campaign

It’s almost 2 years until NC Gov Bev Perdue is up for re-election. Can you believe that there are polls out already? Unfortunately for Governor Perdue, she’s polling badly against Pat McCrory (whoever the hell he is)

Although the next election is not until 2012, Republican Pat McCrory leads Democratic Gov. Bev Perdue by 15 percent, according to a new poll released today by the Civitas Institute.

According to the live caller poll of 600 likely voters, 51 percent of voters said they would vote for McCrory if the election for Governor were held today.  Thirty-six percent said they would vote for Perdue, and 12 percent said they are undecided.

Carolina Politics Online, has this to say about the poll numbers
               

Two years out. I know it doesn’t mean much. But still… wow. This says a lot about Perdue. She’s had two years to impress, and people just aren’t feelin’ the Perdue magic.

So what does that mean for gun rights here in North Carolina, where the ENTIRE General Assembly went to the Republican party in the November elections? Hopefully it means that Bev Perdue finds herself stuck between a rock and a hard place when it comes to signing any pro-gun bills that show up on her desk. Were I in charge of shepherding gun law reforms through to her office, I would make sure she understands that vetoing pro-gun bills will make her even less electable than she currently is. On the other hand, if she were to sign sweeping reforms of the current mess we have, she would be in a good position to take the gun control issue off the table come 2012. It would also mean that if she has any designs on running for President, she could pre-empt any attacks on her by being the Governor who signed serious pro-gun reform into law.

So if there are any Republican pols reading, I say, go for it. Bring it all to the table. Repeal the entire law against concealed carry of a weapon and go for Constitutional Carry in NC. There’s no reason that North Carolina should have fewer freedoms than Vermont, Arizona, and Alaska.

Here’s my policy prescription for North Carolina so far

1.       State of Emergency

2.       Police officer notification

3.       Guns in restaurants

4.       Random Checkpoints

5.       Purchase Permits

6.       Guns and Assemblies

7.       Guns and Parades

8.       Larceny of Pine Straw and other silly felonies

9.       Concealed knives

10.   A REAL pre-emption law

11.   Crossbow permits

12.   Guns in State Parks

13.   Redistricting

14.   Safe Storage laws

Ht: Carolina Politics Online

Not the usual fare, suicide among men

 

Remember this graphic?

See how many of the “gun deaths” are suicides?

Added to that, there’s this.

That is why divorced men are far more likely to kill themselves than divorced women. I've seen this up close and real personal this past week. My long time high school buddy is now just another statistic. A statistic that is casually dismissed by gyno-centric researchers as the man's fault for not building up strong enough social networks and the male's inability to "communicate."

Remember that the professional Left wants things to be this way. To them, suicide is not a bug, it’s a feature. It gets rid of the independent men, the ones who are likely to argue with the leftist Nanny State. It also gets rid of them in a way that their dead bodies can be used to advance the cause of citizen disarmament.

This poor guy is now just another “gun death,” in whose blood our opponents will dance while calling for more and more restrictions on our right to keep and bear arms. Read the whole thing, and see for yourself if his suicide was the result of “easy access to guns,” or legal rape of his entire life.

Ht: Dr. Helen

It's a human right, even in Turkey

Even in Turkey, gun control is being challenged.

But Cuma İçten, the chairman of the Weapon Producers, Sellers and Lovers Association (SÜSASD), claims that a weapon is a basic human right, saying: “It is expensive for the state to protect every citizen. But self-defense is a right for everyone. It is easy for illegal organizations have weapons, so upstanding citizens should be given the same right.”

The Weapon Producers, Sellers, and Lovers Association. Gotta love an organization that proclaims its love of weapons. It’s still a tough fight though

Hülya Gülbahar from the Association for Education and Supporting Women Candidates (KA-DER) underlined that women and children are the main victims of such laws and easy access to guns. “The men possessing weapons in uniform or not in uniform are the main threat to the lives of women. These weapons are used at home against women, largely as means to threaten [women]. When it comes to rape, forcing women to agree to divorce or taking away their right to have a say in family matters, guns are widely used. Children also die when playing with them,” she told Today’s Zaman.

Jeez. It sounds like the pants wetters we have here. Slowly we are winning. One day we will have a world where everyone recognizes that self defense is a human right.

Ht The Bluff

Update: And in India too...

"Everyone’s life is precious. And everyone has the right to defend their life and liberty. And that right is meaningless without the means to do so," said Abhijeet Singh.

Ht: Snowflakes in Hell

Governor Christie commutes Brian Aitken's sentence

I just received this email. It's good news for Brian Aitken, the guy in NJ who got 7 years for transporting his legally owned firearms. 

-----------------------------------------------------------------------------------------------------------------------------

Office of the Governor

Office of Constituent Relations

Post Office Box 001

Trenton, New Jersey 08625-0001

GOVERNOR CHRIS CHRISTIE ELECTRONIC RESPONSE

Please see below the signed commutation order for Brian Aitken, signed by Governor Christie at 4:30 pm today.

ORDER FOR COMMUTATION OF SENTENCE

WHEREAS, Brian D. Aitken was convicted of Possession of Dum-Dum

Bullets in the Fourth Degree in violation of N.J.S.A 2C:39-3(f)(l), Possession of

Large Capacity Ammunition Magazine in the Fourth Degree in violation of

N.J.S.A 2C:39-3(j), and Unlawful Possession of a Handgun in the Second

Degree in violation of N.J.S.A 2C:39-5(b) in the Superior Court, Law Division

(Criminal), Burlington County, New Jersey, and was sentenced on August 27,

2010 under Indictment No. 09-03-00217-1 to a seven-year term of imprisonment

with a three-year mandatory minimum; and

WHEREAS, the said Brian D. Aitken, caused to be made a written

application to the Governor for a Commutation of Sentence for the aforesaid

crimes of which he was convicted, and the State Parole Board, upon request of

the Governor in accordance with the law, has made an investigation of the facts

and circumstances concerning said application for a Commutation of Sentence;

NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New

Jersey by virtue of the authority conferred upon me by the Constitution of New

Jersey and the statutes of this State, do hereby grant to the said Brian D. Aitken,

a commutation of the aforesaid sentence to time sewed, and satisfied on

December 20,2010.

IT IS FURTHER ORDERED, that Brian D. Aitken's release from the

custody of the New Jersey Department of Corrections be effected as soon as

administratively possible, or within a reasonable period to allow for release

processing pursuant to customary policy and procedure. ,

This Order is subject to revocation at any time, at the discretion of the

Governor, without notice.

Privacy Notice: This e-mail address, e-mail message, and any attachment to this email message contains information that is privileged and confidential from the State of New Jersey, Office of the Governor.

All by itself

Are weapons simply tools that do what their wielders want? Or are weapons capable of independent action?

TERRE HAUTE, Ind. (WTHI) - A samurai sword seriously injures a Terre Haute man sometime overnight on Friday at the intersection of 4th and Lincoln.

So, was the Samurai sword simply walking down the street, minding its own business, when it was forced to defend itself? Or was it a rogue Samurai (Ronin?) sword that callously attacked and injured a man?

Samurai sword fight injures man: wthitv.com

According to the Terre Haute Police, a man was inside his home when he became upset that headlights from a car on the street were shining into his bedroom. That's when police say he got into a fight with the man in the car. The man from the house eventually picked up a wooden club and then investigators say that's when the man from the car pulled out a samurai sword.

According to detectives, in the middle of the fight, the man with the sword sliced off three fingers from the man with the club. Police say that the man was sent to an Indianapolis hospital to reattach his fingers.

Investigators talked to the man with the sword at the scene. Police are still hoping to talk to more witnesses and get a clearer picture of exactly what happened. In the mean time, the man with the sword is not facing any charges at this time. Neither man's name has been released at this time.

The condition of the man who was taken to Indianapolis is also unknown at this time.

Ahh, I get it. There were two people involved. The way the story was written it sounded at first like the author was claiming that the sword acted alone. Makes you wonder if this is why the anti-gunners think that it isn’t the killer, but the weapon you have to control.

No one notices

I carry a gun a lot. I have a nice leather holster for my Springfield XD .45 Compact, which isn’t really a small gun.

It’s not nearly as big as the full size government model 1911,

but it isn’t tiny either. You’d think (if you never carried) that it’d be easy to spot, even under clothing. This must explain why many concealed carriers seem to think that they must carry tiny guns.

An incident Saturday night pointed out to me how unlikely it is that someone will notice my gun.

Saturday night I was over at a friend’s house for gaming night. Yes, dear friends, in addition to dressing funny and attending medieval re-enactments, I play the dreaded role playing game Dungeons and Dragons. Now that I have confessed my utter nerdiness to you all, I guess I must die of shame. I aspire one day to be a geek, but geeks have skills. I’m just a nerd. It could be worse, I could be a dork or a spaz, but I try not to look down too much on them because, but for the grace of God…

 Well, we were in the middle of gaming, and we got a knock at the door. When he answered the door, the owner found a young girl (18-25?) standing on his porch. She had a story about her cell phone not working and asked to use his phone. He invited her in and gave her his cell phone. My wife said something to us about a scam that’s been going on in the Triangle (Raleigh, Durham, and Chapel Hill are the “Triangle”) where robbers have one person get inside a house to use the phone in order to case the place for stuff to steal. They return during the daytime a few days later to clean the place out. Since the scout knows where everything is, they get in and out very quickly.

While she was on the phone, it appeared to us that she was talking to another female, complaining about a fight with a boyfriend. Now there are two problems. Either she’s legit, and she has an angry boyfriend who might kick the door down to get to her, or she’s a scam artist. I placed myself between the door and the rest of the group, and I made sure that my 70 lb dog was right in front of me. I also made sure that the host knew to stay out of my way in the event that the boyfriend showed up. While I was doing that, another person pulled out his cell phone and, pretending that he was going to the bathroom, wandered past her taking video of her. After a phone call that lasted just over 6 minutes, she thanked us and left. She ran down the street and jumped into a passing car.

We found the whole thing so suspicious that we called the police and told them all about it. As NC requires that Concealed Carriers notify the cops “upon approach” I pulled one of my concealed carry licenses out and showed it to him. Since I was in mixed company, I did not announce what that meant to anyone, but the cop grinned.

The Dungeon Master was confused, and asked what I had shown him. One of the other players told him I was carrying a gun. It just so happens that three of the people that I took with me to the NC Concealed Carry class were part of the game. I’ve carried at that game every month since I’ve moved down here, and the DM had no idea. He thought I must be carrying some tiny gun, since he had never seen it. Outside, later, I hiked up my sweatshirt and showed him my pistol, in its holster. He was stunned. It had never occurred to him that anyone could conceal a 4” barrel .45 caliber pistol while wearing street clothes. I’ve carried while wearing a sweatshirt, and I’ve carried under a simple short sleeve polo shirt. His reaction to the whole thing was priceless.

So when you are at the gun store, looking for that perfect concealable pistol, remember that there is no need to carry a tiny pistol. Bigger guns can have more powerful bullets, carry more bullets, and are much more controllable when you shoot. Just use some common sense about how you dress. Let my friend’s surprise teach you the most important lesson about concealment. Most people don’t notice. They are programmed not to notice. Don’t pick your gun to solve a concealment problem you aren’t going to have.   

The ATF's latest power grab

If you purchase more than 1 handgun within about a week, your gun salesman is required to tell the ATF about it. The ATF wants to unilaterally impose the same requirement on some semi-auto rifles. Here’s the NRA’s take on that.

BATFE Requests “Emergency” Authority To Track Semi-Automatic Rifle Sales 

 

Friday, December 17, 2010

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives has proposed that it be given emergency authority for six months, beginning January 5, to require about 8,500 firearms dealers along the border with Mexico “to alert authorities when they sell within five consecutive business days two or more semiautomatic rifles greater than .22 caliber with detachable magazines.”  A Washington Post story reporting on the BATFE proposal described that definition as being applicable to “so-called assault weapons,” but it would also apply to many rifles that have never been labeled with that term. 

The reporting requirement will apparently be imposed under the “authority” the BATFE has used in the past to demand reporting of other types of transactions from certain limited groups of dealers over the past 10 years, but the new proposal is far broader than any previous use of this authority.  Of course, there's no law today that prevents dealers from reporting suspicious transactions (or attempted transactions) to the BATFE, and dealers often do so. The BATFE is also free to inspect dealers' sales records—either for annual compliance inspections or during a criminal investigation.

NRA-ILA’s chief lobbyist, Chris Cox, denounced the attempt to establish a registry of Americans who purchase semi-automatic rifles that gun control supporters ultimately want to see banned. "This administration does not have the guts to build a wall, but they do have the audacity to blame and register gun owners for Mexico's problems," Cox told the Post. "NRA supports legitimate efforts to stop criminal activity, but we will not stand idle while our Second Amendment is sacrificed for politics."

The Post says “The plan by the Bureau of Alcohol, Tobacco, Firearms and Explosives revives a proposal that has languished at the Justice Department and in the Obama administration for several months,” and that the gist of the plan was proposed by Mayors Against Illegal Guns (MAIG) last year. It its August 2009 Blueprint for Federal Action on Guns, MAIG indeed proposed that “ATF should identify the long guns most linked to crime and require dealers to report multiple sales of such guns.”

The idea must have appealed to the BATFE, because in June of this year Congress’ Government Accountability Office released a report noting that BATFE officials had claimed that U.S. efforts to stop the smuggling of firearms to Mexico are hindered by “a lack of required background checks for private firearms sales, and limitations on reporting requirements for multiple sales.”

Curiously, in September, a draft of the Department of Justice’s Inspector General’s Office’s unfavorable review of BATFE’s Project Gunrunner, established to combat the trafficking of firearms to Mexico, didn’t mention multiple sales at all. But the final version of the review, released in November, mentions “multiple sales” 43 times and says “the lack of a reporting requirement for multiple sales of long guns – which have become the cartels’ weapons of choice – hinders ATF’s ability to disrupt the flow of illegal weapons into Mexico.”

Whether BATFE intends its plan as another expansion of its oft-criticized firearm sales record tracing empire, or to lay the groundwork for legislation or regulations restricting “assault weapon” sales, or to fatten the files the agency keeps at its National Tracing Center in West Virginia remains to be seen. And the legality of requiring sales reports on any long guns is also in doubt. When the Congress specifically imposed multiple sales reporting on handguns only, it implicitly stated its intention that the same requirement not apply to sales of long guns. 

However, it is crystal clear that some in the Obama Administration agree with those who believe the answer to crime is always more gun control. In September, MAIG blamed crime in states that have “strong” gun laws, on states that don’t have the same laws. And ever since President Obama took office, gun control supporters have been blaming Mexico’s crime problem on America’s gun laws.

The fact that Mexico’s multi-billion dollar drug cartels have machine guns, rocket launchers, grenades, and other potent weaponry you cannot buy in the United States is, to gun control supporters, irrelevant. The fact that most of the cartels’ guns have never been on this side of the U.S. border is, as far as they are concerned, a trifling inconvenience. The fact that the cartels will never have enough “assault weapons” or any other guns from the U.S. to hand out to all the Mexican policemen, soldiers and politicians on their payrolls, is, in their view, an unimportant detail.  And the fact that the murder rate in the United States is at a 45-year low, while crime in Mexico is through the roof (the murder rate in Juarez is 115 times higher than in El Paso) is, they would certainly say, a contradiction best ignored.

To read the BATFE's Federal Register notice about the plan, and for information on how to send your comments, click here (http://edocket.access.gpo.gov/2010/pdf/2010-31761.pdf).  Comments about the proposal will be accepted for two months; if you choose to comment, please state your firm but polite opposition to the plan.

Needless to say, the NRA will not only comment, but take whatever other action is appropriate to block this sweeping expansion of federal recordkeeping on gun owners.  Stay tuned.

Let the ATF know what you think of this mad power grab.

The “But it’s a Deadly Weapon!!!111eleventy” exception to the Constitution

Well, japete likes to show her ignorance.

If a background check is required for intrastate transfers of guns for FFLs, why not for private sales? Cho, the shooter at Virginia Tech, bought one gun through an internet sale from a Wisconsin gun dealer but had to go through a background check at a local FFL where he picked up the gun. I'm sure something similar could be required for private gun sales. Perhaps people can sell things privately to someone in another state via the internet or however they do it. But we are talking about deadly weapons here.

There is a simple reason that background checks are required for sales through an FFL and not when you sell your gun privately. She has a blind spot toward the concept of Federalism. The Federal government only has the powers that have been delegated to it under the Constitution. Under the Gun Control Act of 1968,

(11) The term "dealer" means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term "licensed dealer" means any dealer who is licensed under the provisions of this chapter. (PDF)

The Feds have taken into their regulatory power anyone who fits that definition. That’s why it is called a “Federal Firearms License.” FFL holders have to follow Federal rules because it is a requirement of the license that the Feds mandate that they have. I don’t have a license, I’m not required to have a license, and therefore the Federal government has no power to control my behavior. In a banana republic the government can rule by fiat, but in the US, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Now japete believes that the Federal Government can simply wave their pens and give themselves powers not delegated in the Constitution. The only reason that the Feds got GCA’68 passed is by pretending that gun sales fell under the definition of “interstate trade,” and was therefore regulated by them. This point is debatable, but for now we are stuck with the idea that if it moves from state to state, the Feds can regulate it. The question is, where does she imagine that the Feds have the power to stick their fat regulatory noses in to a private transaction between me and my neighbor? If I sold my neighbor my lawnmower, can the Feds intervene? No way in hell.




The gun grabbers keep imagining that guns are something different than any other legal product. They want to promote the idea that the Constitution has a “But it’s a Deadly Weapon!!!111eleventy” exception. Instead of arguing the merits (none) and demerits (many) of this foolish idea, maybe we should ask the more important question. Where, exactly, does the Constitution give the Federal Government the power to regulate private sales of firearms?

I've looked, there's an "elastic clause," but there is no "because I said so" clause.

Laws of North Carolina that need to change, Part 14 - Safe Storage Laws

A little girl defends herself with her mom's pink Crickett bolt action .22 rifle.


I love how the Anchor starts this story.

This could not happen in North Carolina.

§ 14‑315.2.  Warning upon sale or transfer of firearm to protect minor.

(a)        Upon the retail commercial sale or transfer of any firearm, the seller or transferor shall deliver a written copy of G.S. 14‑315.1 to the purchaser or transferee.

(b)        Any retail or wholesale store, shop, or sales outlet that sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height the phrase:  "IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR."

(c)        A violation of subsection (a) or (b) of this section is a Class 1 misdemeanor. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 12.)

Here in North Carolina, the girl would have been helpless by law. You can’t even put the gun in a safe and give your child the combo. We need to repeal the safe storage act. We certainly don’t need to make it stronger. (PDF alert)

Remember, it's not the size of the hedgehog in the fight, it's the size of the fight in the hedgehog*

* There is a "House Hedgehog" in the historical re-enactment group I am part of. They are pretty small. And ferocious.

The "Build it Yourself" loophole

Colin Goddard is running around whining that the government has not yet closed the “Gun Show Loophole.” This “loophole” in the law means that citizens may sell their firearms to other citizens without either a Brady NICS check or filling out a Form 4473. 

No Background Check, No Gun, No Excuses. Colin Goddard, Survived VA Tech and plans on spending the rest of his life whining about it Virginia Tech survivor

In short, it means that if I want to sell my rifle to my next door neighbor, it’s legal. The Brady Campaign wants to make that illegal, because my next door neighbor might be a criminal. They like to call it the "Gun Show" loophole since calling it the "OMG, you might sell your gun to your neighbor who might be a criminal" loophole is pretty cumbersome, and focus groups full of hoplophobes said the Gun Shows were scary.


You may be aware that you can purchase basically every part of the standard AR-15 rifle online. Barrels, bolts, stocks, sights, whatever. Brownells has turned this into a business model.

Compare these two photos.

This is a photo of my lower receiver. I have not put it together yet because I don’t yet have enough money for the rest of the parts. (I take checks, cash, PayPal or money orders. Donations are not tax deductable)

This is a standard, generic AR-15 on the rack at any gun store. You can go online and buy every single part necessary to turn photo #1 into photo #2.

“Not a problem,” say the Bradys. (let’s take them at their word, even though we know they are lying) “You still have to get a background check to buy that lower receiver thingy, so we’re ok with that. “

Not so fast.

Wait until they find out about the newest, latest, most extreme loophole imaginable. I call it the “Build it Yourself” loophole. Did you know that there is no law that prohibits you from building a firearm yourself, for your own personal use, without permission from any government? I’m not talking about assembling the parts of an AR, I’m talking about actually building the lower receiver yourself! It’s true. You actually only need a Federal Firearms license if you want to sell firearms. If you build guns to sell, or if you are engaged in the buying and selling of firearms as a business, then you need an FFL. If you are building only for yourself, no license needed. It's like brewing beer for home consumption.

“But that’s got to be difficult and time consuming.” The Bradys might say.

Not really.

For $185, anyone can buy a jig plus the slug of metal needed to machine yourself an AR-15 lower receiver. ANYONE. Even felons could buy this kit. If they completed the lower, they would be breaking the law, but since the 80% lower receiver is not a firearm, according to the ATF, there is no problem selling it to anyone. All you need is access to a standard bit of machine shop equipment and some time to figure things out, and you can turn this

 into this

with no laws broken. Don't tell the Brady Campaign. They'd have a spazz attack if they found out how easy building an AR-15 receiver actually was.

The genie is out of the bottle. There's no sense trying to stuff the cork back in. Gun bans and background checks, and basically every other gun control law ever created will only control those people who listen to and respect the law. The people who aren't allowed to own guns have already demonstrated that they have no respect for the law.

UPDATE: I'd like to add, for more PSH from the gun grabbers, that if you make the gun yourself, there is no requirement in the law for you to put a serial number on it.