The Chicago Alderman loophole

Days of Our Trailers already has this covered, so I'll just urge readers to give it a look. Must be nice to have the power to write yourself an exception to any draconian gun laws of which you happen to run afoul.

For those who appreciate irony, Richard Mell is, by the way, the father-in-law of rabidly anti-gun Public Official A . . . er, Governor Rod Blagojevich. Maybe the good Guv should borrow a page out of his father-in-law's book, and have some of his legislative allies draft some kind of exception to ethics laws--oops, never mind--I forgot that Rod has alienated most of the legislature.

Defense of Philadelphia gun 'laws' based on hilariously shaky argument

Yesterday was supposed to have been the day for the hearing to determine the legality (or lack thereof) of what I like to call the "Nutter Package"--the restrictive gun "laws" passed last month by the Philadelphia City Council and signed by Mayor Nutter. I said "supposed to have been the day," because that's not how it turned out.

A Philadelphia Common Pleas judge this morning ordered attorneys for the city and the National Rifle Association to condense into writing by tomorrow morning what might have been testimony for a two- or three-day evidentiary hearing this week in the battle over five local gun control laws enacted last month.

The judge apparently isn't interested in sitting through Philadelphia's "dog and pony show" (as NRA attorney C. Scott Shields referred to it) designed to advance the argument that "state constitution be damned--we need more gun laws!"

What I hadn't realized until reading the second link was just what argument Philadelphia planned to use to get around the indisputable fact that the Pennsylvania state constitution explicitly preempts the power to enact gun laws to the state, rather than cities. The argument is even more ridiculous than I had thought.

The city concedes that the state regulates lawful firearm ownership, but says the local laws are meant to control the illegal possession of firearms by criminals.

This clearly makes no sense whatsoever--hell, one of the "laws," the ban of so-called "assault weapons," bans a class of firearms that is perfectly legal to own under state law. How is that not "regulat(ing) lawful firearm ownership"? In fact, all five of the "laws" criminalize aspects of what under state law is lawful firearm ownership.

If that's the best argument they can come up with, they should be laughed out of court.

'Fairness in Firearm Testing' (or 'Shining a Spotlight on the Cockroaches')

I have been writing a bit of late about H.R. 4900, the number of co-sponsors it has been drawing, and the possibility that it might at least somewhat blunt the BATFE's attacks on Americans and the Constitution. As I pointed out Friday, though, I don't expect this legislation to be of much help in preventing another David Olofson outrage.

From War on Guns today, we learn of a bill that perhaps would go a long way toward reining in at least one of the BATFE's favorite methods of persecuting citizens (a method they used to telling effect against Mr. Olofson). H.R. 1791, the Fairness in Firing Testing Act of 2007, would outlaw the BATFE's practice of submitting heavily edited (and quite questionable) video footage of the firearm testing as "evidence" of a violation.

As War on Guns points, out, though, this bill has languished in committee since April of last year, and will presumably die there. That's more than unfortunate--the lack of action on this bill is a tacit endorsement of the BATFE's use of perjury to imprison American citizens.

Assuming H.R. 1791 goes nowhere, if H.R. 4900 passes in the House, I hope a pro-rights Senator introduces an amendment containing the language of H.R. 1791.

Again, I'm not so naive as to think that the BATFE can be "reformed" sufficiently (there's no "reforming" one's way around the fact that the agency's very mission is blatantly unconstitutional). Also, as has been pointed out to me, even outright disbandment of the BATFE would amount only to the cutting off of one of the hydra's heads--the only real solution is to get the entire federal government out of the business of infringing that which shall not be infringed.

Still, the epidemic of gun laws we now face was inflicted on us, for the most part, one law at a time--perhaps the cure will have to be approached with similar patience.

What the hell is a 'semi-assault weapon'?

In a bizarre new twist on the "assault weapon" vs. "patrol rifles" idiocy of last October, we're now being told that Chicago police officers will soon be carrying "semi-assault weapons" ("high-powered semi-assault weapons," no less).

In addition to the battle dress, police will soon add high powered semi-assault weapons to their arsenal. Weis says it's in reaction to a shooting last month where police encountered a man with an AK-47.

So what is a "semi-assault weapon"? My first thought was that it is a semi-automatic "assault weapon," but that can't be right--the AR-15's, the semi-automatic AK-47 copies (and now, apparently, the SKS rifles) that we're supposed to fear, as scary "assault weapons," are all semi-automatic, so this apparently new category of weapon must be something else. It's only partially useful in an assault, maybe? Only sort of a weapon, perhaps? I simply don't know.

Superintendent Weis continues:

"They were outgunned. I don't want officers going up against an AK-47 with a Smith and Wesson," Weis said. "They would lose every time."

Actually, it seems that the above is only a partial quote of what Weis actually said:

. . . and they have a Smith and Wesson revolver.

How long has it been since the standard duty weapon of the Chicago PD was a revolver, I wonder?

Not everyone is thrilled with this militarization of the Chicago Police, however.

But in Chicago's South Shore neighborhood, the idea of police with assault weapons is a concern.

"If they're going to carry assault rifles like that that's just going to be an all out war with citizens criminals because they're going to defend themselves," said area resident Kevine Green.

Pat Hill, a former police officer and the president of the African American Police League, questions the message police are sending to the black and Hispanic communities where the battle-ready officers are expected to be deployed.

"This is the stuff you use in war," Hill said. "This is what you use in Iraq and Afghanistan. So are they telling the community now that they've declared us as the enemy?"

Better get accustomed to the idea of many "Only Ones" thinking of the rest of us as the enemy, Pat.

But at least they'll only "semi-assault" us.

197

One hundred ninety-seven. That's the number of United States Representatives who have signed on as co-sponsors to H.R. 4900, the Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform and Firearms Modernization Act of 2007. Just a week and a half ago, I was pleased that the number had reached one hundred sixty-five. Another thirty-two, in ten days, is quite encouraging. Assuming the sponsor and all the co-sponsors vote for it, the bill would need only twenty more votes to pass in the House.

Would "Modernizing and Improving" the BATFE prevent another David Olofson outrage? In all honesty, I don't really believe it could. The culture of institutional arrogance and power lust is probably too deeply ingrained in that agency for some additional legislative oversight to overcome, which is why I think the JPFO has the right idea for the only real way to "improve" the BATFE.

Still, any measure that forces the bastards to work harder in order to be able to impose their evil will on the people is a step in the right direction. If your United States Representative is not on the list, keep badgering him/her--he or she works for you--a concept too many politicians (and voters, for that matter) seem to forget.

Gun owners: one malfunction away from prison

For some, it was perhaps easy to dismiss the persecution of Wayne Fincher as "someone else's problem." Not a position for which I have much respect, but it doesn't shock me that many--including some who consider themselves "gun rights activists"--take that view. Most of us, after all, don't train with a non-government-sanctioned militia, or own machine guns without a government permission slip--or do we?

The case of David Olofson shows us that, given enough BATFE elbow grease, just about any firearm can be found to be a "machine gun."

What mattered was the government’s position that none of the above was relevant because “[T]here’s no indication it makes any difference under the statute. If you pull the trigger once and it fires more than one round, no matter what the cause it’s a machine gun.”

In the Olofson case, when the BATFE couldn't, at first, recreate the malfunction that initially brought the firearm to their attention, they laboriously manipulated the variables until they made the gun fire (nominally) automatically. No one who owns a semi-automatic firearm can afford to sit on the sidelines for this one.

Next time, it may not be "someone else's problem."

Mr. Olofson has been convicted, and sentenced to thirty months in prison, followed by probation.

Why I'll never again buy a Dell computer

Not only am I many hours later than usual to post today, this post will have nothing to do with guns--it's just an angry (outraged, really) rant about the "customer service" I have received from Dell.

I have had been a satisfied Dell customer for a number of years, and have bought four computers from them. Therefore, when my father (who doesn't touch computers) asked me to do the ordering for him, to get a laptop for my mother's 75th birthday, while she was in the hospital, I didn't hesitate to order from Dell.

I submitted the order on April 23rd--plenty of time, I thought, to get it here in time for her birthday (May 5th). I was annoyed that every time I checked the order status, I saw that tracking information was "temporarily" unavailable, but since I was told that it had shipped on April 26th (my father's credit card was charged on the 23rd, by the way), and that the estimated delivery time ranged from April 30th to May 2nd, I wasn't particularly concerned. Finally, though, as May 2nd drew to a close with no computer, and still no tracking information, I decided to call. After the long delay to finally get to a human to talk to (I'm not picky--I don't demand that English be the person's primary language), I was given the tracking number. Using that, I discovered that they had shipped the computer to Maryland (rather than Illinois, where it was to be delivered).

Upon informing Dell of this little problem, I got an email suggesting I pop over to the DHL facility and pick it up myself--in Maryland (over 800 miles away). I politely let them know that I was not receptive to this idea ("Are you insane?" I asked--politely).

Since then, we have been exchanging emails, with mine getting progressively less polite ("you idiotic criminals" might have been mentioned in a recent email), and I still don't know that we're any closer to getting a computer here (nor has my father's credit card charge been canceled).

Anyone who reads this, and still orders from Dell--don't say I didn't warn you. Colossal incompetence, compounded by utter indifference to resolving the problem, is what you can expect.

More Philadelphia 'assault weapon' hysteria

Annette John-Hall, of the Philadelphia Inquirer, asks "Why do we buy the NRA's line?"

Mayor Nutter and Gov. Rendell are taking aim and don't plan to let up.

In the aftermath of the cold-blooded killing of Philadelphia Police Sgt. Stephen Liczbinski with a semiautomatic weapon, they made a written appeal to lawmakers in Harrisburg last week.

Man up - now.

Stand up for the state's law enforcement officers and ban the possession, manufacture, use and importation of assault weapons.

One of the problems with that idea is that most of those Pennsylvania legislators would like to be reelected some day, and voting to ban so-called "assault weapons" is a good way to make sure that doesn't happen in much of the country, most of Pennsylvania included.

This latest action comes on the heels of the mayor, no doubt sick and tired of being sick and tired of Harrisburg's failure to get any traction on gun control, signing five new gun laws that were to take effect immediately.

He had to realize that his defiant stroke of the pen would amount to nothing more than shooting blanks.

Especially since District Attorney Lynne M. Abraham had already advised him that the laws were unconstitutional.

And most especially since one of the perps oh so willing to fire back was the all-powerful National Rifle Association.

Talk about hostage-takers who refuse to negotiate.

So now NRA members are "perps" and hostage takers. As for "refus[ing] to negotiate"--puh-lease--their willingness to negotiate away gun owners' rights (you do remember the NICS "Improvement" Act, don't you, Annette?) is my biggest problem with them.

Sure enough, the NRA wasted no time suing and winning a restraining order against the mayor's regulations, which included a ban on assault weapons.

An effort that was successful precisely because the mayor's "laws" were so clearly in violation of the Pennsylvania constitution (as well as the Second Amendment of the United States Constitution, but, hey--everyone else violates that--why not Philadelphia?).

As expected, the NRA continues to cling to the age-old argument that guns are the least of the problem.

"It's the same song-and-dance out of Ramsey, focusing on the firearm and not at the root of the problem," NRA spokesman John Hohenwarter said. "The problem is the revolving door of the courtroom and the lack of intervention for these kids who grow up to be criminals."

But none of those things killed Liczbinski. A criminal armed with a body-armor-penetrating weapon did.

Never mind for the moment that any hunting rifle will penetrate soft body armor--what the hell does body armor penetration have to do with the killing of an officer who wasn't wearing body armor?

Annette then goes on to talk about people whom I refer to as "Gun Owners Against the Second Amendment"--including "Judas Bob" Ricker.

But the good news is that there are citizens who love their guns and respect the Second Amendment [Ha!], and who also strongly support reasonable gun-control laws.

Roy Vernick, a small businessman who lives in Warrington, bought his first gun in 1976 for safety. Today he owns three handguns. They're all registered and kept under lock and key in his home.

But when he and his wife go into Center City, chances are he's packing.

"Guns to me are like fire extinguishers," Vernick, 57, says. "You don't expect to use them, but you'd better have them if you need them."

So far so good, but . . .

He believes he represents the typical law-abiding gun owner who supports gun regulation.

And he wouldn't join the NRA if you paid him.

"I'll probably get shot for saying this, but I think they're a bunch of terrorists," Vernick says. "We don't have the right to own an AK-47 and we don't necessarily have the right to own a Glock with a 15-round magazine."

Yeah--the NRA has a long history of shooting people with whom they disagree. As to the right to own an AK-47 (has the NRA started standing up for private ownership of select-fire weapons, and I've not been giving them credit, or does he mean semi-automatic copies of AK-47s?), or Glocks with magazines that can hold more than fourteen rounds, perhaps you could explain your take on shall not be infringed.

Vernick's opinion is shared by the 25,000 members of the American Hunters and Shooters Association, a new organization created to bring reason back to the gun issue.

"We believe in the right to bear arms, and hunting and shooting. But we also believe there needs to be reasonable restrictions," says AHSA executive director Bob Ricker, a former NRA attorney. "There's a place for military rifles, in competitions and other things. But they pose a danger to our city streets."

"Competitions and other things," Bob? "Other things" like self-defense, perhaps? And how do certain firearms, being inanimate objects, "pose a danger to our city streets"? Would you say that "danger" is greater or less than the danger posed by violent felons with long criminal histories being set loose on society?

Annette ends her little whine-fest with this:

Why do we continue to listen to the NRA?

I don't know, Annette--would you prefer to listen to the Violence Policy Center?

If the existing assault weapons ban expires, I personally do not believe it will make one whit of difference one way or another in terms of our objective, which is reducing death and injury and getting a particularly lethal class of firearms off the streets. So if it doesn't pass, it doesn't pass.--Tom Diaz, Violence Policy Center senior policy analyst