GRNC To Counter-Protest The Demanding Moms On Tuesday

The Demanding Moms plan a protest on June 2nd at the North Carolina General Assembly Building against HB 562. They will be wearing orange shirts* because that is the color required of hunters for safety. It is unknown if they will be chanting "Hands Up, Don't Shot" but nothing they do would surprise me.

Bloomberg and his orange-clad minions are spending hundreds of thousands of dollars to defeat HB 562. They are running a media campaign plus running full-page ads in the News and Observer. They may be running ads in other papers for all I know. This is in addition to all the free media they are getting from the editorial pages of various NC newspapers.

Grass Roots North Carolina is organizing a counter-protest on Tuesday morning. They are asking people to wear either GRNC logo shirts or green shirts. Details are below.

A legislative history of the pistol purchase permits that would be eliminated can be found here.

Bloomberg's Anti-gun Agitators Plan Protest...

The handful of "Moms Demand Action for Gunsense" activists hired by Bloomberg in North Carolina to attack our gun rights plan to protest pro-freedom House Bill 562 this coming Tuesday, June 2nd, in the Capitol building. If you show up for anything, you need to attend our counter protest on Tuesday! As you know, HB562 is an omnibus pro-gun rights bill that, among other things, will finally rid our state of one of the last vestiges of an unpleasant Jim Crow past: the antiquated pistol permit system. It isn't surprising that repressive politicians like Bloomberg want to maintain discriminatory and anti-freedom laws. But Bloomberg is particularly dangerous given billions at his disposal to wield as a weapon intending to deprive every American of Second Amendment rights. Bloomberg is currently spending hundreds of thousands on TV ads to kill HB562, falsely claiming it “abolishes” background checks. GRNC Responds In response, GRNC initiated its “Michael Bloomberg doesn’t speak for me” radio ad campaign featuring real North Carolina mothers who oppose Bloomberg and support HB 562. We kicked off the campaign with a press conference heavily covered by national media which can be seen on GRNC’s home page at www.GRNC.org, at which North Carolina women stood before the world to declare: “I’m a North Carolina Mom, and Michael Bloomberg doesn’t speak for me!” News & Observer Colludes No friend to NC gun owners, the Raleigh News & Observer has run a series of misleading Op Eds along with a full page Bloomberg-funded, deceit-laden advertisement against HB562. As an example of the type of deception engaged in, Bloomberg's ad implies that HB562 will allow violent criminals to legally obtain and possess firearms: “Under House Bill 562, felons and domestic abusers would be able to avoid a criminal background check by buying handguns from unlicensed sellers -including strangers they meet online.” GRNC Plans Counter Protest: BE THERE! We say, if Bloomberg wants a party at the General Assembly, let’s give him a party! Accordingly, we need YOU to show up at the North Carolina General Assembly Legislative Building, 16 West Jones Street, Raleigh, NC 27601 at 8:30 AM on Tuesday, June 2, 2015. We will have a table set up in the 1300 courtyard, on the left as you enter the building. If you cannot make it by 8:30 AM anytime before 10 AM will be helpful! To demonstrate grassroots solidarity, we suggest wearing GRNC apparel (polos, T-shirts, hats) or green (preferably bright green) clothing. We will have coordinated stickers for clothing and signs to carry. If you wish to wear GRNC apparel, but don't yet have any, please email GRNC Director of Development, Josette Chimel and she will bring the items you want to the General Assembly. Please email Josette today at DirectorofDevelopment@GRNC.org. Bring as many of your friends and family as you can. Don't forget to email GRNC Director of Development, Josette Chimel with an estimate of the number who will be attending at DirectorofDevelopment@GRNC.org.

IMMEDIATE ACTION REQUIRED!
ATTEND ‘MICHAEL BLOOMBERG DOESN’T SPEAK FOR ME’ EVENT AT LEGISLATURE: If you can attend, please send an email to DirectorofDevelopment@GRNC.org and let us know how many people you can bring. Details: WHEN: Tuesday, June 2, 2015; 8:30 AM WHERE: Legislative Building 1300 Courtyard 16 W. Jones Street Raleigh, NC 27601 MAPS & DIRECTIONS: Directions: http://www.ncleg.net/NCGAInfo/visitinglegcomplex.html Legislative Complex Map: http://grnc.org/images/alertimages/legislative-complex-map.jpg TIPS: Due to morning traffic and parking considerations, please allow for plenty of extra travel time. Please be at the Legislative Building Courtyard by 8:30 AM. Wear bright green clothing if possible. CALL & EMAIL THE NEWS & OBSERVER: Contact N&O President/Publisher Orage Quarles III by emailing him this weekend at: oquarles@newsobserver.com AND calling him Monday morning as close as possible to 9:00 AM at (919) 829-4659. Let him know you don’t appreciate the N&O acting as a shill for New York carpetbagger Michael Bloomberg, and that you will promptly cancel your subscription and boycott N&O advertisers. Use the copy/paste email below, under 'Deliver This Message to the N&O.' CONTACT LEGISLATORS YET AGAIN: Tell them to move HB 562, intact, to a House Rules Committee hearing and promptly to the floor for a vote. For details, go to: http://grnc.org/grnc-alerts-archive/762-grnc-alert-05-13-15-h562-are-republicans-knuckling-under-to-bloomberg To find your representative's contact information, click here (or go to: http://ncleg.net/representation/WhoRepresentsMe.aspx).  CONTRIBUTE TO GRNC: Unlike Bloomberg, we don’t have millions of dollars for this campaign. WE RELY ON YOU. If you have contributed, we thank you (and unfortunately have to ask for more). If you have not, please go to: http://grnc.org/join-grnc/contribute
DELIVER THIS MESSAGE TO THE N&O Suggested Subject: "Stop Partnering with Bloomberg on H562 Falsehoods"   Dear Mr. Quarles: I am very disappointed to see “The News & Observer” partnering with New York billionaire, Michael Bloomberg, to spread the falsehood that H562 will eliminate criminal background checks for handgun purchases in North Carolina. Of course, nothing could be further from the truth. H562 eliminates the Jim Crow-era Pistol Purchase Permit (PPP) system that was put in place to keep minorities from obtaining firearms for self-protection, and it can still be used by sheriffs to arbitrarily restrict law-abiding citizens from exercising their civil rights. H562 would replace this archaic and shameful system with the National Instant Criminal-Background Check System (NICS). NICS is a modern, computerized system already used by thirty-five other states and territories, and even in North Carolina for long gun purchases. The NICS checks a purchaser’s background at the point of sale, which is greatly superior to the PPP system, where a sheriff issues a paper permit which can be valid for up to five years, leaving plenty of time for the permit-holder to commit disqualifying crimes, and still use the valid permit to buy a handgun. The idea that H562 eliminates background checks is absurd, and two or three minutes with any popular search engine makes that clear. “The News & Observer” is in the research and information business. If you can get something this easy to research so terribly wrong, it couldn’t possibly be a mistake. Feigned ignorance and blatant untruths have no place at a news organization. Because “The News & Observer” has decided to shill for Michael Bloomberg, I intend to boycott your newspaper, and its advertisers. In fact, I have already contacted one of your advertisers to let them know of my intentions, due to their affiliation with your newspaper and its willingness to aid Mr. Bloomberg and his front groups. I will continue to track this issue through alerts from Grass Roots North Carolina. Respectfully,
Lies Told by Moms Demanding Action
Click here to learn the full details of the deceptions spread by the so-called Moms Demanding Action (or rather Moms Demanding Gun Bans).

* There is a great line in the movie Legally Blonde that applies here. As this movie was one of my younger step-daughter's favorite movies, I learned some quotes from the movie along the way.

"Whoever said orange is the new pink was seriously disturbed" - Elle Woods

Good News Out Of Illinois

The Illinois Senate today passed SB 836 which contains improvements in the FOID Card Act, the Concealed Carry Act, and the Criminal Code. The vote was 43 yea, 8 nay, and 5 not voting. Included in the nay votes was perennial gun prohibitionist Sen. Dan Kotowski (D-Park Ridge). This is not surprising in that he had been the Executive Director of the Illinois Council Against Handgun Violence (sic) prior to being elected to the Illinois Senate.

The bill had passed the Illinois House on Saturday. The vote there was 84 yea, 23 nay, and 3 not voting. The bill now goes to Gov. Bruce Rauner (R-IL) for his signature. It is expected that he will sign this bill.

The full text of the bill is here. The Illinois State Rifle Association emailed this summary of the main provisions of the bill this evening. They along with Illinois Carry and other gun rights groups in Illinois fought hard for this bill.

After months of working with the Illinois General Assembly on improvements to the Firearms Concealed Carry Act, FOID Act and Criminal Code, SB 836 passed the Illinois Senate with a vote of 43 Yes, 8 No and 5 Present. It is on the way to the Governor's desk.

SB 836 contains the following changes:

Firearms Concealed Carry Act:

1. Limits the waiver of privacy rights regarding the concealed carry application to only those records pertinent to obtaining a concealed carry license.

2. Clarifies that if a concealed carry licensee presents their ICCL during a law enforcement investigative stop that it is presumed they are carrying a firearm.

3. Clarifies the definition of a "mental disability" as it pertains to persons seeking a concealed carry license.

4. Eliminates the requirement that a licensee unload his or her firearm when storing or retrieving a firearm from the trunk of their vehicle.

5. Provides that Emergency Service personnel may ask anyone lawfully carrying a firearm to secure the firearm for the duration of the contact.

6. Changes mental health reporting requirements.

FOID Act:

7. Allows the use of a concealed carry license when purchasing firearms or ammunition.

8. Allows concealed carry licensees to possess firearms and ammunition without being in physical possession of their FOID card.

9. Changes the FOID Act to ensure that non-resident competitors may purchase firearms and ammunition at events held at the World Shooting Complex.

Criminal Code:

10. Eliminates a contradiction between Concealed Carry Act and the criminal definition of unlawful use of weapon.

Bleg: Any Social Network Analysis Experts Out There?

I read an article last year about the use of social network analysis to find linkages. The article was by sociologist Kieran Healy of Duke University. It was discussing how the British in 1772 Boston could have used metadata against growing rebel movement. Using membership in various organizations, Healy found that the key person linking all the groups was Paul Revere. The article was written to illustrate just how such metadata as that collected by the NSA could be used.

Healy's article got me to thinking about how we in the gun rights movement could use social network analysis to map out the gun prohibitionists and their networks. While we all know about Michael Bloomberg and his money, what if there is someone else who actually plays the same role as Paul Revere in linking the various groups. I hesitate to call it a movement as gun control is a top down phenomenon and not one from the grassroots.

As a secondary project, I think this type of research could also be used to map out the legal networks that are supporting the Brady Center and its Legal Action Project among other organizations. Actually, that may be the place to start as the dataset would be smaller.

I know there is tons of software out there that allows social scientists to do the analysis. I have found Gelphi which is free as is UCINET and SocNetV. While I would like free, cheap would also do. Does anyone have suggestions about the software? Along those same lines, are there books or articles you'd suggest to give me a grounding in social network analysis?

Second, what factors would you use in the analysis? Name and current organization are obvious. Would you use education, former organizational members, e.g., Obama for America, or some other factor?

Third, what would you use as a source of information? I'm thinking the gun prohibitionists' websites, LinkedIn, and Google.

Finally, how would your organize the database and how would you enter the data?

If there is someone already doing such research, do you know of it and could you put me in touch with that person or person?

Any help here would be greatly appreciated. Please leave a comment below or email me at jpr9954 AT gmail DOT com.

UPDATE: Hognose at WeaponsMan blog has begun significant work on mapping out the gun control network. His latest post on it is here. A pdf of the network is here.

Given that, I think I will be restricting my work to the gun controllers' legal network of big law firms, the Brady Center, the Law Center to Prevent Gun Violence (sic), and personal injury lawyers. There is more than enough there to get a good start.

Going Old School

I came across this comparison of the Colt SP1 and the Colt Sporter Target Model today. Basically, it was a shooting comparison of the A1 versus the A2. This interests me because I am gathering parts to put together a retro semi-auto version of the M16A1 using a combination of new and vintage parts. I also have a Colt A2 upper that I plan to build on later. More on those in a later post.

The video below is from the Military Arms Channel. They were trying to determine which rifle would give tighter groups with 55-grain 5.56 ammo. The SP1 (aka A1) had the 1:12 twist barrel while the Sporter Target Model (aka A2) has the 1:7 twist barrel.  They were using Wolf Gold ammo.





I wonder if he would have gotten better results if he had used something like American Eagle/Federal XM193 5.56 ammo.

More Problems For The King Of The Bad Apple Lawyers

Jonathan Lowy, director of the Brady Center's Legal Action Project, has run into more problems in Wisconsin. Just last month he and fellow Brady Center attorney Alla Lefkowitz were forced to withdraw from one of their "Bad Apple" lawsuits for violating Wisconsin Supreme Court rules. These rules dealt with attorney conduct with respect to pretrial publicity.

Now it appears that he may have done it again in the other case involving Badger Guns and Badger Outdoors.

Now an attorney for Badger Guns and Badger Outdoors, the West Milwaukee gun-selling operations sued by the officers, wants the Brady attorneys off the second case, citing in a new court filing "zealous and unethical trial publicity."

A hearing on whether the Brady attorneys will be removed from the case is set for July before Milwaukee County Circuit Judge John DiMotto, who is now presiding over both cases. This second case was filed by Officer Jose Lopez III and former Officer Alejandro Arce, who were injured in a 2007 shooting by weapons sold by the gun dealer.

Brady attorneys Jonathan Lowy and Alla Lefkowitz are not licensed to practice law in Wisconsin, but were allowed to join both cases —as they have in cases across the country litigated by Brady. Milwaukee attorney Patrick Dunphy also represents the officers and former officers.

The permission that allows an out-of-state attorney on a case can be rescinded, and the attorneys for Badger Guns and Badger Outdoors are seeking a court order withdrawing the permission.

"The Brady Center's conduct is inexcusable," Brookfield attorney Wendy Gunderson wrote in a brief filed earlier this month. "Attorneys appearing before Wisconsin courts are here as a matter of privilege and charged with knowing the rules. The privilege has been abused, seriously affecting not only these two cases but countless others."

Ms. Gunderson said the material posted by Lowy on the Brady Campaign website and in fundraising letters about Badger Guns with regard to the earlier case also could serve to prejudice the jury in this case. Gunderson submitted copies of the social media and fund raising letters to the court in a sealed filing.

Jonathan Lowy is one of the attorneys that I plan to feature in my "Bad Apple Lawyers" series. I am still gathering material regarding Lowy. Given his position as head of the Legal Action Project, Lowy must be considered the King of the Bad Apple Lawyers.

District Of Columbia Doesn't Get Its Stay

This afternoon Judge Frederick Scullin denied the District of Columbia's request for an immediate administrative stay in Wrenn et al v. District of Columbia et al.

Having reviewed the parties' submissions and the applicable law, the Court hereby

ORDERS that Defendants' motion for an immediate administrative stay is DENIED; and the Court further

ORDERS that Plaintiffs shall file their papers in opposition to Defendants' motion for a stay pending appeal on or before June 22, 2015; and the Court further

ORDERS that Defendants shall file any papers in further support of their motion for a stay pending appeal on or before June 26, 2015; and the Court further

ORDERS that counsel shall appear for oral argument in support of, and in opposition to, Defendants' motion for a stay pending appeal on July 7, 2015 at 11:00 a.m.

IT IS SO ORDERED.

The Second Amendment Foundation is rightly taking this as a win for them. While they didn't get the contempt citation that they sought, they were successful in opposition to DC's request for an immediate administrative stay. DC, as Alan Gura noted, had drug its heels for a week before they requested the stay.

Remington Model 8 - Cool Video

A Remington Model 8 or 81 has been on my collecting wish list for a long time now. It is a John Moses Browning design semi-auto rifle that has long been used for hunting. The game on which the Remington 8 has been used includes both deer and criminals. Famed lawman Frank Hamer used one .35 Remington in his ambush of Bonnie and Clyde.

Ian McCullom of Forgotten Weapons blog has just put out a short video on the Remington 8 showing how its long recoil action works. It is in slow motion. His Remington 8 is in .300 Savage which I think is an ideal caliber.

More Colt News

As I wrote last week, Colt Defense LLC is teetering on the verge of bankruptcy. Yesterday, they once again extended their deadline for bondholders to either accept their offer to exchange their notes or Colt goes ahead with a prepackaged bankruptcy filing. The deadline now expires on June 2nd. So far, only 5.7% of bondholders have tendered their old bonds in exchange for the new notes.

WeaponsMan reported a few days ago that Colt has mortgaged some of its patents. According to Daniel Watters, Colt has mortgaged these patents to a number of borrowers with the latest being Cortland Capital as security for a $33 million loan.

Of course, the finance companies do not want to exploit the patents; they just want security for their loans, and winding up holding the patents in lieu of principal and interest is not their preferred outcome. They’re in the money racket, not the gun racket.

But if Colt defaults on its Cortland loan, Cortland winds up holding a bag of patents (and any other security Colt pledged) rather than its money. In such as case, they might be able to charge Colt royalties for using these inventions of its employees and former employees. If Colt production continues. Or resumes. Most likely, they would try to sell the patents.

The patents are one of the true stores of value in Colt Defense LLC, but they have been mortgaged as part of the financial looting monetization of the company that the last several rounds of owners have undertaken. The company’s trademarks are also a highly valuable asset. One wonders if they, too, have been mortgaged.

There is some good news for Colt. They have won a $36 million contract to deliver M4 and M4A1 carbines to a number of foreign countries including Jordan, Panama, and Colombia.

Colt Defense LLC, West Hartford, Connecticut, was awarded a $36,104,812 firm-fixed-price, indefinite-delivery/indefinite-quantity foreign military sales contract (Jordan, Antigua and Barbuda, Belize, Colombia, Hungary, Oman, Panama, Romania, Senegal, Lebanon, Romania) for M4/M4A1 carbines. Funding and work location will be determined with each order with an estimated completion date of May 21, 2018. Bids were solicited via the Internet with one received. Army Contracting Command, Warren, Michigan, is the contracting activity (W56HZV-15-D-0038).

Punching Back Twice As Hard

Since Judge Frederick Scullin issued his preliminary injunction against the District of Columbia last Monday, the District has been dragging its feet on issuing new carry permits. Indeed they now say they will review the court's order for the next 90 days. This not only contravenes the court's order but violates their own law saying that they have 90 days to issue a permit.

Lawrence Powers is an approved firearms instructor for the District of Columbia. Without the now enjoined "good cause/proper cause" critiera, there is no reason that he, of all people, is not issued a permit. He has already met all the background and training requirements to be approved as an instructor.

Fed up with the District's foot dragging, Alan Gura has filed a Motion to Hold Defendants in Contempt yesterday. After outlining the negotiations on compliance with the injunction and how the District has plainly ignored the court order, he writes:

11. The games continue. Defendants supposedly not understanding the Court’s order, they will ignore it. Of course, Defendants understand the order perfectly well. They simply dislike it. On May 26, 2015, counsel met and conferred regarding this motion. Defendants’ attorney declined to state what is ambiguous about the Court’s May 18 order, and offered only that “soon” there would be a filing discussing the matter.

12. If Defendants want a 90 day stay of the Court’s injunction, they need to ask for one. There are requirements and standards—in other words, there is actual law that governs that process. For parties in this Court, let alone government officials, to unilaterally declare a 90 day “court ignoring” period upon issuance of a preliminary injunction is simply unacceptable.

Defendants are and should be held in contempt.

 Sometime after Mr. Gura filed his Motion, the District filed a motion asking for an immediate administrative stay while they study their alternatives for an appeal. It seems that this move was anticipated because a Memorandum in Opposition was filed shortly thereafter. Mr. Gura says the District has "already granted themselves a stay" and calls their arguments "disingenuous." He goes on to say that if they really thought they faced irreparable harm, then they would have requested a stay immediately and not waited a week. As to the harm they face, he says, "Of course the District faces no harm from having to join the vast majority of the country in respecting Second Amendment rights."

It will be interesting to see what Judge Scullin does.

The Second Amendment Foundation is the organizational plaintiff in this case. This afternoon they issued a press release on the matter. Alan Gottlieb called their attempts to stall "unconscionable" and an example of "municipal arrogance."

On This Memorial Day

Memorial Day is set aside to remember those men and women who died while serving our country in the armed services.

A recent family reunion and subsequent visit to my father's grave got me to thinking about those who didn't die while on active duty but who had significantly shortened lifespans due to their military service.

My dad was medically retired with 60% disability after 28 years of active duty service in the US Army. According to his DD 214, the effective date of his retirement was April 14, 1972. This was approximately a year after he returned from Vietnam on his second tour of duty there. I should be clear that my dad's medical retirement was not due to combat-related injuries but rather due to angina, ulcers, and other maladies. These are typical stress-related illnesses.

As you can see from the headstone, my dad died eight years and 364 days after he was retired from the Army. He had turned 62 just days earlier. (The date of birth on the headstone is erroneous - it should be April 3, 1919).

According to studies done by Department of Defense actuaries, active duty retirees have a higher mortality rate than do their reserve component peers. This disparity increases for enlisted retirees as compared to officers. The study was done on non-disabled retirees who were age 60 plus.

Defense officials haven’t done a study to explain death rate differences among military retirees. Speculation centers on stresses of full time service including past wars, frequent moves, constant physical activity to stay in shape, and stress-induced habits such as smoking and alcohol consumption...

Tom Bush, a senior policy official for reserve affairs, suggested to the board last August that more active duty retirees might have used tobacco or alcohol more often than did reservists. Hartnedy suggested post-traumatic stress might be a factor, even controlling for VA-rated disabilities.

“I would think that kind of mental strain” from years on active duty “would have an impact…very long term, after retiring,” he said.

As to the suggestion that active duty retirees might have "used tobacco or alcohol" more often, it was common and it was expected that you drank and smoked. Cheap booze and cheap cigarettes were the rule in the Army of the 50s, 60s, and 70s. It was a part of the culture and I think stress was a contributing factor to overuse.

My dad arrived in Cam Ranh Bay, Vietnam at the age of 48 in 1967. He returned to Vietnam in 1970 at the age of 51. He was a middle-aged man with white hair. While he never complained of it being stressful, I imagine it had to be especially since it was hard to distinguish friend from foe. Even though he served in what was essentially the rear echelon, it was still a war zone.

I think about all of those more recent veterans who have served in either Iraq or Afghanistan or both. Just like in Vietnam, the front lines are blurred. Even if they weren't injured in an IED explosion or a suicide bombing, the possibility was there. I think the actuaries and epidemiologists will have their hands full in years to come conducting studies on these vets. I have to wonder how much their life expectancy has been shortened by their military service.

So on this Memorial Day, let's remember all of those who died while in service to our country. Let us also remember those who, while not dying in active service, died a lot sooner than they should have.

Colt Defense Teeters On The Brink

Colt Defense, LLC is teetering on the brink of bankrupcy. Yesterday, the rating agency Standard & Poors reduced their credit rating from CC to D. This is the lowest level possible.

Standard & Poor’s reduced Colt’s rating two grades to D from CC, according to a statement Tuesday from the credit grader. The new rating means S&P considers the company “in default or in breach of an imputed promise” and that it has ruled out the possibility the manufacturer will make good on a missed interest payment during a 30-day grace period.

The weapons maker didn’t pay the $10.9 million due May 15 to holders of its $249.4 million of 8.75 percent unsecured notes due November 2017, according to S&P. Colt had warned in November it was “probable” it wouldn’t have the cash to make the payment if it didn’t meet internal sales forecasts.

On Monday, Colt issued a press release saying it had extended their tender offer to bondholders. This tender offer is asking bondholders to swap existing bonds for new bonds at a very substantial cut in their face value. If 98% of bondholders don't accept this swap by May 26th, then Colt Defense is prepared to go into bankruptcy. They say they have a "prepackaged plan of reorganization." This is the third time Colt has extended their deadline for the tender of bonds for exchange. If they do go into bankruptcy, unsecured creditors will get just pennies on the dollar.

On Friday, Colt announced a new stocking dealer program. What concerns me the most about it is the pricing of their models involved in the program.

Colt has recently refocused its core model lineup to ensure ample opportunity for consumers to acquire the most sought-after models. These same models have been repositioned in the market with more attractive suggested retail price points: the standard 1991 Government Model now has an MSRP of $799, the Combat Commander carries an MSRP of $849, the Defender is now positioned at an MSRP of $899 just to name a few.

This gives the Colt 1991 Government Model a MSRP less than that of Springfield's Mil-Spec 1911 and Ruger's SR1911. This reeks of desperation to me.

Another Win For Carry In DC (Updated)

US District Court Judge Frederick Scullin granted a preliminary injunction to the plaintiffs who had challenged the District of Columbia's "good reason"/"proper reason" requirement for obtaining a carry permit. The case, Wrenn et al v. District of Columbia et al, was a follow-on case to Palmer v. District of Columbia and was filed after the DC City Council adopted their new carry regulations.

The court found that the plaintiffs including the Second Amendment Foundation stood a good chance of winning a permanent injunction based upon the merits of their argument. Under legal precedent, a preliminary injunction is only granted if that can be shown.

Examining the existing DC law using intermediate scrutiny standard as established in the DC Circuit by Heller II, Judge Scullin found:

The District of Columbia's arbitrary "good reason"/"proper reason" requirement, however, goes far beyond establishing such reasonable restrictions. Rather, for all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms.

The Second Amendment Foundation was very pleased with Judge Scullin's order. In their release below, they call it a "devastating loss" for DC and its gun control policies. The release points out more about the decision as well.

BELLEVUE, WA – The Second Amendment Foundation (SAF) today won a preliminary injunction against the District of Columbia and Metropolitan Police Chief Cathy Lanier’s enforcement of a requirement to provide a “good reason” when applying for a concealed carry permit.

Judge Frederick J. Scullin ordered that the city is “enjoined from denying handgun carry licenses to applicants who meet the requirements of D.C. Code 22-4506(a) and all other current requirements for the possession and carrying of handguns under District of Columbia law.”

Judge Scullin further wrote in his 23-page opinion that the District’s “good reason/proper reason” requirement “has far more than a ‘de minimis’ effect on [their] rights it completely bars the right from being exercised, at all times and places and in any manner, without exception” and that the requirement “impinges on Plaintiff’s Second Amendment right to bear arms.’

“This is a devastating loss for the District and its anti-gun-rights policy,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We’re delighted with the judge’s ruling, because once again, the court has thwarted the District’s blatantly obvious effort to discourage the exercise of Second Amendment rights by forcing permit applicants to jump through a series of hoops and then frustrate them by requiring an arbitrary ‘good reason’ for the exercise of a constitutionally-protected civil right.”

Gottlieb said that the court ruling essentially says the “good reason” requirement does not pass the smell test.

“It stinks, and always did stink, and now everybody knows it,” Gottlieb said.

The order also says that attorneys for both sides shall appear for a conference with the court on July 7, to “discuss an expedited schedule for the resolution of this case.”

“You can’t ask for more than that,” Gottlieb said. He noted that this is the second time in a row the District has lost on a carry issue in a case involving SAF.

“This is getting to be rather tiring,” he said. “To quote the renowned American folk trio, Peter, Paul and Mary, ‘when will they ever learn, when will they ever learn?’”

UPDATE: The Firearms Policy Coalition did a good breakdown on the decision. It can be found here.

Also see this from Brian Doherty at Reason.

It also made the Washington Post. Spencer Hsu took great pains to point out that Judge Scullin's rulling differed from precedent set in the 3rd and 4th Circuits.

Scullin’s ruling runs counter to decisions by federal judges upholding similar “may-issue” discretionary laws in Maryland and New Jersey, including the U.S. Court of Appeals for the 4th Circuit. The U.S. Court of Appeals for the 9th Circuit in March set aside a three-judge panel’s ruling relied upon by Scullin, and the full court will rehear arguments next month.

While that is very true, Judge Scullin is bound by precedents set in the Circuit for the District of Columbia. He pointed to Heller II as being instructive as to the level of scrutiny (intermediate). He also acknowledged the precedents set in the 2nd, 3rd, and 4th Circuits were "uninstructive" and that those courts either accorded too much deference to the legislature or did not address whether the law or regulation was "no broader than necessary to achieve the government's substantial objectives."

The full opinion can be found here.

"An Act to Regulate the Sale of Concealed Weapons in North Carolina" - Part I

The North Carolina House of Representatives passed HB 1318 on March 10, 1919 and ushered in what we now call the pistol purchase permit system. Attempts to overturn this 96-year old law failed in the last session of the North Carolina General Assembly due to opposition from the sheriffs' lobby. The battle is continuing in this session of the General Assembly with gun rights groups and Republicans on one side and gun control groups, the NC Sheriffs Association, and Democrats on the other.

In an earlier post, I detailed some of the racial climate of North Carolina and how that led to the bill's passage. This post will detail how the law has changed over the years since 1919. In subsequent posts, I plan to examine the personalities involved, the political machine behind it, and the bills passage through both houses of the General Assembly. While we are currently fighting the NC Sheriffs Association over the passage of HB 562, it was not until 1959 that the duty of issuing purchase permits was transferred from the Clerks of the Superior Court to the sheriffs.

The Law As Passed

Chapter 197 of the 1919 Session Laws reads:

The General Assenibly of North Carolina do enact: Section 1. That it shall be unlawful for any person, firm, or corporation in this State to sell, give away or dispose of, or to purchase or receive, at any place within the State from any other place within or without the State, without a license or permit therefor shall have first been obtained by such purchaser or receiver from the clerk of the Superior Court of the county which such purchase, sale, or transfer is intended to be made, any pistol, so-called pump-gun, bowie knife, dirk, dagger or metallic knucks.

Sec. 2. That the clerks of the Superior Courts of any and all counties of this State are hereby authorized and directed to issue to any person, firm, or corporation in any such county a license or permit to purchase or receive any weapon mentioned in section one of this act from any person, firm, or corporation offering to sell or dispose of the same, which said license or permit shall be in the following form, to wit:

North Carolina,
______________________County.
I, ___________________________clerk of the Superior Court of said
county, do hereby certify that ___________________________whose
place of residence is ________________________________Street, in
____________________(or) in______________________ Township
_________________________County, North Carolina, having this day
satisfied me as to his, her (or) their good moral character, and
that the possession of one of the weapons described in section one
of this act is necessary for self-defense or the protection of the
home, a license or permit is therefore hereby given said________________
_________________________________________to purchase one pistol,
(or) ____________________________________________from any per-
(If any other weapon is named, strike out word pistol.) son, firm, or corporation authorized to dispose of the same.
This ______________day of ______________________________, 19___

Clerk Superior Court.

Sec. 3. That before the clerk of the Superior Court shall issue any such license or permit he shall fully satisfy himself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant therefor, and that such person, firm, or corporation requires the possession of such weapon mentioned in section one of this act for protection of the home: Provided, that if said clerk shall not be so fully satisfied, he shall refuse to issue said license or permit : and Provided further, that nothing in this act shall apply to officers authorized by law to carry firearms. The clerk shall charge for his services upon issuing such license or permit a fee of fifty cents.

Sec. 4. That the clerk of the Superior Court shall keep a book, to be provided by the board of commissioners of each county, in which he shall keep a record of all licenses or permits issued under this act, including the name, date, place of residence, age, former place of residence, etc., of each such person, firm, or corporation to whom or which a license or permit shall have been so issued.

Sec. 5. That each and every dealer in pistols, pistol cartridges and other weapons mentioned in section one of this act shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation, to whom or which any and all such sales are made, which said record shall be open to the inspection of any duly constituted State, county or police officer, within this State.

Sec. 6. That during the period of listing taxes in each year the owner or person in possession or having the custody or care of any pistol or other weapon mentioned in section one of this act shall he, and is hereby, required to list the same specifically, together with the value thereof, as is now required by law for listing other personal property for taxes : Provided, that all persons listing any such weapons for taxes as aforesaid shall also be required to designate his place of residence, local street address, or otherwise as the case may be.

Sec. 7. That any person, firm, or corporation violating any of the provisions of this act shall be guilty of a misdemeanor and fined or imprisoned in the discretion of the court.

Sec. 8. That upon submission or conviction of any person in this State for unlawfully carrying concealed weapons off of his own premises, the pistol or other deadly weapon with reference to which the defendant shall have been convicted shall be condemned and ordered confiscated and destroyed by the judge presiding at any such trial.

Sec. 9. That this act shall be in force from and after the first day of April, one thousand nine hundred and nineteen. Ratified this 10th day of March. A.D. 1910.

 1923 Amendment

The General Assembly adopted two changes to the original concealed weapons bill. First, it made it unlawful to receive one of the weapons mentioned in the original bill by mail, railroad express, or any other common carrier unless you possessed the permit from the Clerk of the Superior Court. You were also required to present that permit to the mail carrier, postmaster, railroad agent, etc before taking delivery of the weapon.

This amendment also specified the fine and potential prison term for violation of the law. Fines were to be from $50 to $250 while the prison terms were not less than 30 days nor more than six months. All of the above were at the discretion of the court.

1947 Amendment

The changes to the law in 1947 were very minor. As part of an omnibus revision of a number of state statutes, blackjacks and slung-shot were added to the list of weapons that required a purchase permit from the Clerk of the Superior Court.

1959 Amendment

HB 1048 made major changes in the administration of the purchase permit law. It transferred responsibility from the Clerks of the Superior Court and gave it to the Sheriff of each county. The sheriffs were now made responsible for issuing permits and keeping records of the issuance of the permits. It was also the sheriff's responsibility to dispose of confiscated weapons.

Interestingly, this amendment did not apply in all counties. 41 counties were excluded from this act. While most were small counties in the eastern and western parts of the state, the most significant exclusion was Mecklenburg County.

1971 Amendment

Historic edged weapons were defined to be any bayonet, trench knife, sword, or dagger manufactured during or prior to WWII (as late as January 1, 1946). These and antique firearms previously defined as those made prior to 1899 or muzzle loading firearms were excluded from the purchase permit requirement. As an aside, it is interesting that edged weapons from the Korean Conflict and Vietnam War were not excluded.

1979 Amendment

Three significant changes were made in this amendment by SB 213. First, the permit was now required to be obtained from the sheriff in the county in which the purchaser or receiver resided. It has been previously required to be obtained in the county in which the sale or receipt took place.

The second major change was that any provisions of local acts in conflict with these changes were repealed. As noted in the 1959 Amendment, it only applied to 59 counties.

The third major change was that the list of weapons now only included pistols. Dirks, daggers, bowie knives, metallic knucks, blackjacks, slung shot, and "so-called pump guns" were now excluded from the permit requirement.

Interesting Sec. 3 and Sec. 4 still refer to obtaining permits from the Clerk of the Superior Court even though this requirement was changed in 1959.

1993 Amendment

While the 1979 amendment dropped everything but pistols from the permit requirement, this amendment headed in the opposite direction by adding crossbows to the law. Crossbows were added because a person ineligible to purchase a firearm used a crossbow to murder someone in Union County according to former Union County sheriff and later NC Rep. Frank McGuirt.

1994 Amendment

This amendment was part of a larger omnibus bill that codified classes of misdemeanors. Rather than being a fine of up to $200 and/or imprisonment of up to six months, the penalty was now listed as a "Class 2" misdemeanor. This was the mid-range classification which meant imprisonment for more than 30 days but less than six months.

2003 Amendments

HB 817 provided that a North Carolina Concealed Handgun Permit could substitute for the pistol/crossbow purchase permit.

HB 281 made grammatical corrections and changes to the law.

2009 Amendment

These changes concerned crossbows and the definition of a crossbow dealer, manufacturer, and wholesaler. It deemed the permits issued to dealers, wholesalers, and manufacturers as being continuing permits with no expiration date.

2011 Amendment

Just as the 1993 bill added the crossbow to the purchase permit requirement, so SB 406 repealed the requirement to get a "pistol permit" to buy a crossbow.

This bill also clarified that persons under indictment for or who have been convicted of a felony were not eligible to be issued permits. However, pursuant to a NC Supreme Court ruling, the bill excepted those convicted of felonies involving antitrust violations, unfair trade practices, or restraints of trade. It also said that a person who had been pardoned or who had his or her firearm rights restored could obtain a pistol purchase permit.

If You Are In The Raleigh Area On Tuesday Afternoon, Please Attend

Grass Roots North Carolina is having a press conference in Raleigh on Tuesday to announce their own media campaign to combat the lies told by Bloomberg's Everytown Moms for Illegal Mayors about HB 562. Their radio campaign featuring North Carolina moms will be called, "Michael Bloomberg doesn't speak for me."

More on the conference and the GRNC's counter-attack on those progressives who insist keeping a racist law is good policy below:

PRESS CONFERENCE: MICHAEL BLOOMBERG DOESN'T SPEAK FOR US

Bloomberg… Lies… When it comes to attacks on your second amendment rights, those two words are synonymous … This New York billionaire believes that he can dump his money, which ironically is decorated with the faces of our founders, into this state and foist his liberal beliefs on you. Apparently he considers the words in our founding documents to be just as dispensable as his billions. It once again is time to remind the Republican controlled legislature that they are "off" by one letter. This is NC not NY. Michael Bloomberg does not speak for our families, moms, students, businesses, or anyone else in North Carolina. THIS IS WHERE YOU COME IN Attend Tuesday's Press Conference This coming Tuesday, at 1:00 PM, we will aggressively take on  Michael Bloomberg, mayors against this, moms demanding that, and any other anti-gun groups who pretend to represent North Carolinians. This press conference will kick off a radio campaign from NC mothers saying, “Michael Bloomberg doesn’t speak for me.”  Click here to go to the H562 Resource Center, hear one of the radio spots, and read more about the bill.  (or: http://www.grnc.org/hb-562). The H562 Resource Center is also easily accessible from GRNC’s home page. Show solidarity against Bloomberg’s astroturf “Moms” by attending the press conference. See press conference details below, under ‘Immediate Action Required.’  Also below, if you're a North Carolina mom, see how you can help GRNC fight the Bloomberg machine.

IMMEDIATE ACTION REQUIRED!
ATTEND THIS TUESDAY’S PRESS CONFERENCE. Please dress for the press: No clothing with inflammatory slogans, business casual or better preferred, etc. Press conference details below:  WHEN:  Tuesday, May 19, 2015; 1:00 PM WHERE: Legislative Building Press Room 16 W. Jones Street Raleigh, NC 27601 MAPS & DIRECTIONS: Directions: http://www.ncleg.net/NCGAInfo/visitinglegcomplex.html Legislative Complex Map: http://grnc.org/images/alertimages/legislative-complex-map.jpg TIPS:  Due to traffic and parking considerations, please allow for plenty of extra travel time. Please be in the press room by 12:45 PM. MOMS, PLEASE VOLUNTEER TO DO RADIO SPOTS. Email DirectorofDevelopment@GRNC.org  CONTRIBUTE: Click here to help GRNC pay for these critical radio spots. (Or go to: http://www.grnc.org/join-grnc/contribute).  Any help you can give is needed, and greatly appreciated.
Lies Told by Moms Demanding Action
Click here to learn the full details of the deceptions spread by the so-called Moms Demanding Action (or rather Moms Demanding Gun Bans).

If You Support A Law That Is Based On Racism, Are You A Racist?

The headline to this post is meant to be provocative. In the last couple of days, I have received numerous emails from gun prohibitionists groups and have seen Everyday Moms for Illegal Mayors launch a media campaign all of which is intended to keep in place North Carolina's pistol purchase permit system.

§ 14-402 and § 14-403 of the North Carolina General Statutes were originally passed in 1919 and gave the Clerk of the Superior Court (later given to the Sheriff) of each North Carolina county the power to determine just who of their county's residents would be eligible to purchase a handgun. Note that this preceded the Gun Control Act of 1968 by almost 50 years. Firearms of all sorts could still be purchased over the counter and through the mails. So why would the North Carolina General Assembly give Clerks of the Superior Court such power? Below is a little context.

The end of the Great War in 1918 saw the return of many African-American veterans who had served in segregated military units. They had served their country both home and abroad and were now coming home expecting some recognition of their rights. W.E.B. DuBois had encouraged black veterans to not just return home but to return home fighting against Southern racism.

At an Emancipation Day ceremony in Raleigh in January 1919, a crowd of 3,000 passed resolutions condemning lynching and attacking segregation. Through the 1920s, the annual commemorations of emancipation as well as the Armistice ending World War I remained occasions for rallies. Editorials in the black press in Durham and Raleigh frequently called for improvements in, if not an end to, the Jim Crow system.

White North Carolinians listened with concern to the outbursts of black protests after the War, but they managed to preserve both white supremacy and the myth that black North Carolinians were contented with legal segregation and Jim Crow. North Carolina's postwar reconsideration of racial relations and racial policy took place in the context of the nationwide "Red Scare" between 1918 and 1921, touched off by fears of communist and foreign subversion.

Adding to this general fear was Winston-Salem's November 17, 1918 riot over the attempted lynching of a black man who had been erroneously accused of raping a white woman. Most of the rioting was done by whites but it was the black community which had the tanks sitting in their streets.

The General Assembly passed "An Act to Regulate the Sale of Concealed Weapons in North Carolina" on March 10, 1919. It required a permit to purchase "any pistol, so-called pump-gun, bowie knife, dirk, dagger or metallic knucks." The "so-called pump-gun" is, as best as I can determine, what we would now call a pump shotgun. Section 3 of Chapter 197 reads:

That before the clerk of the Superior Court shall issue any such license or permit he shall fully satisfy himself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant therefor, and that such person, firm, or corporation requires the possession of such weapon mentioned in section one of this act for protection of the home: Provided, that if said clerk shall not be so fully satisfied, he shall refuse to issue said license or permit : and Provided further, that nothing in this act shall apply to officers authorized by law to carry firearms. The clerk shall charge for his services upon issuing such license or permit a fee of fifty cents.

The Clerk and the firearms dealer were both required to keep records of the permittees/purchasers including name, age, residence, former residence, "etc."  The owner of the firearm was also required to list it as personal property with the local tax authorities.

Let's think about this a bit. Who would be considered to be a person of "good moral character" in 1919 to a legislature that was composed primarily of white Democrat segregationists who were sympathetic to the KKK? And what do you think the Clerk of the Superior Court is going to consider by "etc." which is actually included in the text of the bill? I think any intelligent person could reasonably assume that a person of "good moral character" would tend to be white, probably a Democrat (unless living in the mountains), a segregationist, a church-goer, and someone who owned property. It would not have been an African-American nor would it have been a populist, socialist, or union organizer. I would also assume that the race of the purchaser was intended to be kept as part of the records.

Given the state of race relations in North Carolina in 1919 and the contextual background of this law, I defy anyone to say that there is no racial component to this law. It may not have said de jure that blacks couldn't possess pistols and other weapons but that was the de facto reality.

So I say to Mike Bloomberg, Gabby Giffords, Dan Gross, Shannon Watts, and all the others of their ilk who have been agitating against HB 562, does not your support for the continuation of a law conceived in racism make you just a wee bit racist yourself?

Army "Concerns" About Transfer Of M1911A1 Pistols To CMP

I knew the Depart of Justice had become politicized under the Obama Administration but I still held out hopes for institutions like the US Army. It appears that my hopes were in vain. Based upon the document embedded below, the Army's Congressional Liaison Office has as many political toadies as the Civil Rights Division of the DOJ.

It appears that someone in either the Department of Justice or the White House has prodded the Army to go public with their "concerns" about the potential transfer of about 92,000 M1911A1 pistols to the Civilian Marksmanship Program. I wrote about the budget amendment put forth by Rep. Mike Rogers (R-AL) that would save taxpayers $200,000 annually by transferring these pistols to the CMP. It is a win-win plan.

Specifically, the Army worries that this transfer could be a threat to public safety, that the pistols would not be traceable, and that it might violate the Gun Control Act of 1968. If the person or committee that wrote this white paper must be depended upon to protect our nation against all enemies, foreign or domestic, then we are sunk. I have not read anything so mealy mouthed in a while.

Let's review the rules for purchasing firearms or ammo from the CMP. First, and foremost, they don't sell to just anyone. You have to be an eligible individual. To be eligible, you must:

• Provide proof of US citizenship
• Provide proof of age
• Be a member of a CMP affiliated club
• Provide proof of marksmanship activity 
• Be legally eligible to purchase a firearm

The CMP runs a FBI NICS check on every sale which negates the first objection of the Army and DOJ. If you live in certain states, they ship the rifle to a FFL for the final transfer.

They also keep records on every sale and can provide serial number traces. They do this for a fee for individuals who want to know if their M1 Garand originally came from the CMP. Again, this negates the objection about traceability.

The white paper is correct that the CMP is not a FFL. However, they have been exempted from GCA68.

Finally, the CMP is distinctly concerned with marksmanship and firearms safety. They are not going to be selling guns to the Crips, Bloods, or Latin Kings OR felons OR those convicted of domestic violence OR those adjudicated mentally ill. 

Let's call this white paper what it is - utter bullshit. The officers in the Army that my Dad served for 28 years would have been ashamed to put this out. 

Cmp Info Paper 11 May

SAF Helps A Navy Vet Get His Guns Back

At the beginning of April, retired Navy vet Rick Bailey of Glendale, AZ had his $25,000 firearms collection seized by the courts. His next door neighbor had filed an Injunction of Harassment against him. And what did Mr. Bailey do to cause this? He complained to the neighbor about the smell of horse manure wafting from two dump trucks owned by the neighbor's landscaping business.



Fortunately, thanks to the help of the Second Amendment Foundation he got them back. The SAF continues the rest of the story below:

BELLEVUE, WA – A retired Navy veteran in Arizona whose gun collection had been seized by Glendale police now has his firearms back, the Second Amendment Foundation revealed today.

SAF had intervened in the case of Glendale resident Rick Bailey early last month, taking on funding of the case and working with Chandler, Ariz., attorney Marc J. Victor. Bailey’s case had fired up Second Amendment activists across the country after police confiscated 28 firearms valued at more than $25,000, which Bailey had collected over more than a decade.

Bailey was generous in his praise of SAF’s intervention, noting, “I want to thank Alan Gottlieb and the Second Amendment Foundation for all the help in getting my firearms returned.”

SAF founder and Executive Vice President Alan Gottlieb said he was honored to have been able to step in with support for what he called a “worthy effort on behalf of a deserving veteran.”

Bailey had complained to the City of Glendale about a neighbor’s habit of parking dump trucks used in his landscaping company. The dispute unfolded over several months until Bailey called police over concerns of toxic chemical odors apparently coming from the neighbor’s property. The neighbor apparently alleged that Bailey had threatened him, and the following day, he obtained a harassment order against Bailey.

“Mr. Bailey had been devastated by incident,” Gottlieb explained. “This all started because of a dispute with a neighbor that got way out of hand. Nobody should have their life turned upside down, and their property seized, because of an allegation that should have been thoroughly investigated.

“I want to credit attorney Marc Victor for his work in this legal action,” he added. “He was on top of this case, and SAF was delighted to help out with funding.”

“Now that Rick Bailey has his firearms back,” Gottlieb observed, “perhaps his dignity can also be restored. This kind of silly season story should never happen in real life.”