Sunday, June 30, 2019

The Pincus Deposition - Video Excerpt


As was mentioned in yesterday's post on the Rob Pincus' deposition in the NRA v Ackerman McQueen case, it was explicitly acknowledged that Rob was not properly served and that he appeared voluntarily. In the video below you can hear the objections of the attorneys for AckMac to the deposition including the fact that it was delivered to a location in New Jersey where he had not lived for years. You will also hear the fact that Rob explicitly acknowledges he is appearing voluntarily when asked by the attorney from the Brewer firm Michael Collins.





Thanks to Rob for providing this video excerpt of the deposition.

UPDATE: Rob has released a second video excerpt of his deposition. In the video below, he explains how he first came across the documents that purportedly were "leaked". It was on Facebook on a page where he didn't even know who managed the page. You can't get any more public domain than that!





Save the Second has a long post on their website with more details on how Rob spent Friday.

Saturday, June 29, 2019

The Pincus Deposition


Earlier in June, it was revealed that a number of people had been subpoenaed in the NRA's lawsuit against Ackerman McQueen. While most of those who received a subpoena were NRA Board of Director members, trainer and activist Rob Pincus was also served. Ostensibly, the subpoenas were to find out who leaked information such as the bills from Ackerman McQueen regarding Wayne LaPierre's clothing purchases, Oliver North and Richard Childress' letter regarding outside counsel William Brewer III, and other such information.

Yesterday, Rob gave his deposition in the case to attorneys representing both the NRA and Ackerman McQueen.


He noted this on Facebook about his testimony in the deposition yesterday.
As I’ve said many times, I wasn’t involved in any “leaks” and I don’t know who was. Now that is part of the court record... officially. After consider time, effort and expense.

The NRA sent a team of lawyers from VA & TX and hired a local videographer and court reporter. They sent them to one of the most remote locations in the Continental US and rented the town hall for the proceedings. I walked over with my daughter and she hung out with the local pre-schoolers and a friend while the deposition took place.

I had offered to provide the documents that revealed pretty clearly when I first encountered the (already public) documents and save everyone a lot of time and money. The NRA Attorney’s wanted to do this today. Ackerman’s attorneys attended via phone line and video feed.
The location was Silverton, population 630, which is the county seat of San Juan County, Colorado. In other words, it was a long way from the big city. Or even any city.



Rob was gracious enough this morning to spend 20 minutes on the phone with me providing an after-action report. We discussed a number of things in the conversation including the why of the subpoena, what he thought they were trying to find, the cost to him, the monetary costs incurred by the NRA 's lawyers, and more.

The deposition took five hours, two attorneys for the NRA, a court reporter who had to travel from Denver, a videographer from Durango, and an expensive video conference hook-up so that the Ackerman McQueen attorneys could participate. Rob estimated that the costs ran upwards of $20,000 before you begin to figure in the attorneys' billable hours. It was also very needless as Rob had made a good faith offer to provide all documentation and a sworn statement on what he knew. This offer was rejected by the lawyers representing the NRA.

As Rob travels often, the date could have been adjusted so that the deposition could have taken place in a more convenient and more cost effective location for the NRA and AckMac. The attorneys for AckMac noted in the meeting for the deposition that there was no reason to rush the process as it was early in discovery and no trial date had been set. Nonetheless, the lawyers for the NRA were insistent that the deposition be taken on June 28th as it appears they were more interested in speed. Rob believes that they were more interested in finding "the leak" than they were in the case itself.

The attorneys for the NRA, Robert Cox of Briglia Hundley and Michael J. Collins of Brewer Attorneys, admitted that Rob had not been properly served with the subpoena. As such, he appeared voluntarily at this deposition. In his opinion, the subpoena itself was an abuse of the discovery process meant as a fishing expedition and was meant to intimidate Rob as he has been a vocal critic of Wayne and the "Old Guard".

I asked Rob about the costs to him both financially and emotionally. The financial costs were the distraction from his training and other businesses plus the lost productivity. The emotional costs were much higher. He had heard horror stories from friends about what to expect so he was very wary going into the deposition. Rob found that a number of people who had been talking with him before the subpoena suddenly stopped post-subpoena. Fortunately, he found the deposition "went far better than it could have with the lawyers" as they were professional, polite, and focused on the issues.

Rob wanted the following things highlighted.

  1. The deposition established nothing was leaked to Rob, nothing was stolen, and that everything he as received was in the public domain.
  2. He appeared voluntarily. As noted above, he was not properly served.
  3. He had nothing to hide.
  4. While subpoenaed by the attorneys for the NRA, he was critical of both sides in the case. 
Rob has told me that he will have video excerpts on the deposition available later today. I will post them as they become available.

I want to thank Rob again for taking the time out of his morning and out of his time with Baby Pincus to talk with me about the deposition.

Thursday, June 27, 2019

The Arrogance Of Youth


I saw a tweet today that just made me roll my eyes. It was from Lauren Hogg who is the younger sister of David "Camera " Hogg.





I think if there is one thing that Wayne LaPierre and Revan McQueen might agree on, it would be that Miss Hogg and her older brother had nothing to do with the demise of NRATV.

Chris Cox Resigns (Updated)


An email went out this morning to all NRA employees informing them that Chris Cox has tendered his resignation. This is a sad day in the fight for gun rights on Capitol Hill. Chris Cox and the NRA-ILA have been, more or less, effective in keeping the Republicans and some Democrats on the side of gun rights.

Wayne LaPierre's email is below:
From: "LaPierre, Wayne"
Date: June 26, 2019 at 8:50:14 AM MDT
To: #All NRA Employees <#AllNRAEmployees@nrahq.org>
Subject: Important Announcement

Dear Board Members and NRA Staff,

I wanted to inform you that Chris Cox tendered his resignation as executive director of NRA-ILA. I have accepted it and want to thank Chris for his service to the NRA and for his efforts to advocate for the Second Amendment.

Chris’s action follows our filing of a lawsuit in New York on June 19. Thereafter, I announced that, pending our pursuit of the facts relating to certain allegations contained in that lawsuit, Chris was placed on administrative leave. Naturally, that pursuit will continue in the interest of the NRA and our members.

In the meantime, NRA-ILA continues to benefit from a strong team with deep political experience, valued relationships, and a passion for the Second Amendment. We will make an announcement soon about an interim director of ILA and, in the meantime, continue to position the NRA for great success in the 2020 election season and beyond.

Please join me in wishing Chris and his family the best.

Wayne
That's nice. Wish Chris and his family the best after he has been stabbed in the back.

One thing that has been mentioned to me is that there is more than a supposed "coup" attempt behind this. The NRA-ILA gave the NRA proper a substantial loan that has not yet been repaid so that they could cover their bills. The loan was made in the 2017 time frame. Now it is rumored that Wayne came back to ILA asking for a loan in the $15 million range and Chris Cox said no. The other person who had the authority to say "no" on behalf of the NRA-ILA was Scott Christman and he is on administrative leave as well.

The interim head of the NRA-ILA is expected to be the former ILA head of state affairs who has been working for the NRA proper for the last few years. The likelihood of him saying "no" to Wayne when asked for a loan is not likely.

UPDATE: If the comments on the Twitter feed of NY Times reporter are any indication, those who are anti-rights are ecstatic. You can read it here.

UPDATE II: Sebastian at Shall Not Be Questioned has his take on this whole mess. He is one of the few bloggers who goes way back with the NRA. Sebastian and Bitter have always, in my opinion, had good connections within the NRA.

Wednesday, June 26, 2019

Report On The NRA V. Ackerman McQueen Hearing Today


Stephen Gutowski of the Free Beacon attended the court hearing today in Alexandra, Virginia in the case of NRA v. Ackerman McQueen. He reported on the case is a series of tweets on Twitter. The whole thread is here.

However, a couple of things just jumped out at me.



Wait a minute! You mean to tell me that William Brewer III, the probable architect of the entire series of lawsuits against Ackerman McQueen, is a AckMac client. What the hell!

I'm guessing those family ties between Brewer and the McQueens is not as frayed as one would have been led to believe. Brewer is the brother-in-law of AckMac CEO Revan McQueen and the son-in-law of former CEO Angus McQueen. Brewer's wife is Skye McQueen Brewer.


Bill and Skye Brewer at a Ralph Lauren charity event.


Letter Sent Out Today To Instructors Regarding NRATV


While I'm doing a data  dump today, I might as well add this. It is a letter sent out by the NRA to all of its certified instructors. As I am certified to teach Basic Pistol, I received it. It really doesn't say anything different than what was placed on the www.nratv.com website. In other words, it is still the same self-serving BS that we've come to expect from Wayne.


Dear NRA Instructor,

As many of you may know, we have been evaluating if our investment in NRATV is generating the benefits needed. This consideration included the return on investment and the cost and the direction of the content. Many members expressed concern about the messaging on NRATV becoming too far removed from our core mission: defending the Second Amendment.

So, after careful consideration, I am announcing that starting today, we are undergoing a significant change in our communications strategy. We are no longer airing “live TV” programming. Whether and when we return to “live” programming is a subject of ongoing analysis.

The NRA will continue and improve our service on social media channels and our flagship website, www.nra.org – your trusted resource of information. Our many web sites will continue to showcase new and archived videos, as we reorganize much of this information in a way that better serves our key audiences.

What necessitated the change now is our conclusion that our longtime advertising firm and website vendor failed to deliver upon many contractual obligations it made to our Association.  The NRA will always hold our vendors to high standards and ask that they maximize their value to the Association. No exceptions. 

Looking ahead, you can expect great things from your NRA. We will energize our messaging strategy, become more cost efficient, and promote the NRA’s singular focus like never before.  Simply put, our messaging strategy will advance the NRA’s core mission: to serve our members and fight for our Second Amendment.  

– Wayne

National Rifle Association of America • 11250 Waples Mill Rd • Fairfax, VA. 22030
Please do not reply to this e-mail.
Unsubscribe from this email list  |  Manage your email lists  |  Contact Us
Thank you

I Can't Disagree With This Comment


A comment was made on Facebook which I think epitomizes what some of us see as the issue at the NRA.

Chris Meissen wrote in reference to a story in a non-profit journal covering the issues at the NRA:

LaPierre is behaving like a mini-Maduro, dragging the organization down around him while trying to hold on to power.

I think he has hit the nail on the head. Wayne LaPierre's scorched earth approach to maintaining power may be good for Wayne but is horrible for the NRA as an organization. I acknowledge there are many good people on the Board of Directors. Some want Wayne gone and some still support him.

As to why those who still support him do so, I can think of three reasons. You have those who are in thrall of him like NRA President Carolyn Meadows based upon what he did years ago. Then you have those afraid of him for whatever reason. Finally, you have those who fear that with Wayne gone the golden goose will be gone with him. Thus you have the delusional, the fearful, and the greedy keeping Wayne in his position of power at least for the time being.

NRATV Is No More


Live production of NRATV has ceased. The announcement was made yesterday and follows a demand from Ackerman McQueen to be paid for its services. The move was widely expected given the parting of the ways between the NRA and AckMac.

From the New York Times:
The N.R.A. on Tuesday also severed all business with its estranged advertising firm, Ackerman McQueen, which operates NRATV, the N.R.A.’s live broadcasting media arm, according to interviews and documents reviewed by The New York Times.

While NRATV may continue to air past content, its live broadcasting will end and its on-air personalities — Ackerman employees including Dana Loesch — will no longer be the public faces of the N.R.A. It remained unclear whether the N.R.A. might try to hire some of those employees, but there was no indication it was negotiating to do so.
It is somewhat ironic that one of the reasons stated for shutting down NRATV was the content that strayed from Second Amendment issues into other conservative social issues. Ironic because I think Wayne LaPierre used it to burnish his conservative credentials when appearing at events like CPAC. In a statement, he said regarding NRATV:
“Many members expressed concern about the messaging on NRATV becoming too far removed from our core mission: defending the Second Amendment,” Wayne LaPierre, the N.R.A.’s longtime chief executive, wrote in a message to members that was expected to be sent out by Wednesday. “So, after careful consideration, I am announcing that starting today, we are undergoing a significant change in our communications strategy. We are no longer airing ‘live TV’ programming.”
I think when NRATV was just Cam Edwards with Cam & Co. or special reports by Ginny Simone along with commentary from "the young guns" it was OK. Then it added programming from people like Dana Loesch and Grant Stichfield and it began to move more into other social issues. This loss of focus on the Second Amendment and threats to gun rights was when many members started having second thoughts about its usefulness.

Ackerman McQueen responded to the cessation of live production saying in part:
Ackerman, in its own statement, said it was “not surprised that the N.R.A. is unwilling to honor its agreement to end our contract and our long-standing relationship in an orderly and amicable manner.”

“When given the opportunity to do the right thing, the N.R.A. once again has taken action that we believe is intended to harm our company even at the expense of the N.R.A. itself,” the company added. It said it “will continue to fight against the N.R.A.’s repeated violations of its agreement with our company with every legal remedy available to us.”
The full letter from the NRA terminating its business relationship with Ackerman McQueen and the Mercury Group is below. The letter also demands all materials produced by AckMac for the NRA.


Monday, June 24, 2019

NRA Searching For Ad Firm


What should have taken place years ago appears to be taking place now. Advertising firms are being invited to pitch the NRA their services as a replacement for Ackerman McQueen. The news comes from the British advertising news site Campaign.

Interpublic CEO Michael Roth announced that they would not be pitching the NRA account.
Roth said: "There is a review out for the NRA and we're not participating in that. And that's not just coming from me, it's coming from our agencies, you know. Our people don't want to work on an engagement like that."
Interpublic is the fourth largest advertising company in the world with annual billing revenue of $7.5 billion. Their major advertising subsidiaries are McCann Worldgroup and Mullen Lowe Group. Some of McCann's clients include MGM Resorts, Coca-Cola, Lockheed Martin, Microsoft, and GM. Meanwhile, Mullen Lowe represents companies like Burger King, Schick, and E-Trade.

This leads to the question as to whether Interpublic is just engaging in virtue signaling or does it have concerns about the NRA's finances which might preclude them from taking the account (if they won) due to risk management. As reported last week, Ackerman McQueen is demanding to be paid for work on NRATV or they will close it down. So far that bill has gone unpaid.

The other question out there is what other advertising firms have been invited to the pitch the NRA account. The answer to that is "we'll see".

A Jim Crow Law Loved By NC Sheriffs And The Demanding Moms


The North Carolina pistol purchase permit is an archaic law that has its roots in segregation. As I've written many a time about its history, the law was designed to keep blacks, populists, and union leaders disarmed and at the mercy of the KKK and racist Democrats. It is still supported by the North Carolina Sheriffs Association and the gun prohibitionists.

The permit came to fore again as the NCSA tried to hijack a bill concerning church security to increase the price for a pistol purchase permit and, oh yes, include the "good moral conduct" requirement in our concealed handgun permits. The time for permit to go is long gone by. Why we even have a law on the books that was implicitly meant to discriminate against one race is beyond me.

Grass Roots North Carolina agrees and is saying it is time again to contact your legislators to demand this archaic, racist, and ineffectual law be eliminated. I agree.


A RACIST LAW NEEDS TO END


The latest round of shenanigans by the North Carolina Sheriffs' Association and our state legislature leave no doubt that the only proper course of action is to put North Carolina's racist Jim Crow-era pistol purchase permitting in the trash bin.

Enacted during the Jim Crow era as a way to prevent African Americans from purchasing handguns, North Carolina's pistol purchase permit system has long been sold as a "public safety measure," when it is anything but. Not only did it give sheriffs wide latitude to deny someone the right to purchase a handgun, but it also creates a dangerous safety loophole that allow criminals to circumvent point-of-sale background checks.

The right to keep and bear arms can never be subject to the whims of elected officials, and Grass Roots North Carolina has worked tirelessly to ensure that the permitting process (like the concealed handgun permitting process) remains "shall issue" (meaning that a sheriff can not arbitrarily deny a permit.) The well-funded anti-freedom movement has worked hard to perpetuate this racism under the auspices of "public safety," and it's now clear that the North Carolina Sheriffs' Association pays the same lip service to the second amendment as does the proliferation of Bloomberg-funded anti-gun astroturf groups.

Here's the irony: the pistol purchase permits create a massive loophole for criminals to purchase firearms through legitimate channels of commerce. A pistol purchase permit is good for 5 years, and there is absolutely no mechanism in place through which a permit can be revoked if the bearer becomes, for instance, a convicted felon. The permit allows the purchaser to completely circumvent the NICS FBI background check normally done at the point of sale.

A racist law that makes us less safe ... one has to wonder why some politicians and the North Carolina Sheriffs' Association keep supporting this terrible legislation. Is it the profit motive for the sheriffs? Is it the mere desire for control? Do these groups want criminals to get guns?

Isn't it time that our politicians and the North Carolina Sheriffs' Association speak up and tell us the truth?
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IMMEDIATE ACTION REQUIRED!


  • POINT: Send an email to the Republican members of the NC Senate letting them know exactly how you feel about the Pistol Purchase Permit.

  • PLEASE CONTRIBUTE TO GRNC: Help us fight gun control while we promote Second Amendment principles. Please CLICK HERE to contribute. Bear in mind that GRNC is an all-volunteer organization, so you can be sure your donations are put to the best possible use. Any amount helps, and any amount is appreciated.
CONTACT INFO


DELIVER THIS MESSAGE


Suggested Subject: "Repeal NC's Racist Jim Crow Pistol Purchase Permit NOW!"  


Dear Senators:

I write this letter to you today to demand that you work to repeal North Carolina's racist, Jim Crow-era pistol purchase permitting system.

The pistol purchase permit system provides criminals with a dangerous loophole: since there is no mechanism for a Sheriff to revoke a pistol purchase permit, someone could be convicted of a felony and still circumvent the NICS background check with a pistol purchase permit in hand. Furthermore, we have seen how deeply-pocketed special interests like Michael Bloomberg's anti-gun organizations and the North Carolina Sheriffs' Association will try to further their elitist agenda with the same capriciousness that Jim Crow-era sheriffs used the pistol purchase permitting process to deny African Americans the right to keep and bear arms.

North Carolina is no place for dangerous, racist legislation like this, and the people of this state deserve nothing less than a full repeal of this Jim Crow law.

I will be monitoring your actions on this issue closely through alerts from Grass Roots North Carolina.

Respectfully,

Friday, June 21, 2019

In His Cold Dead Hands


It is Friday afternoon and it is time for a laugh after the NRA news of the week. My friend and fellow blogger David Yamane posted the picture below on Facebook. It had the following caption:

Photo from 2040 of Wayne LaPierre holding onto the Executive Vice Preisdency of the NRA in his cold, dead hands.

#guns #gunculture #gunculture2point0 #nra #2a




Great satire always contains an element of truth.


The NRA, The New York Lawsuit, Ollie North, And Chris Cox


The news yesterday regarding the National Rifle Association was headlined by a story in the New York Times that said Chris Cox, head of the NRA-ILA, was suspended and put on administrative leave. This followed a late Wednesday filing in New York Supreme Court (the trial level courts in that state) in which the NRA sought a declaratory judgment that Ollie North was not entitled to his legal expenses as a director of the NRA. Also suspended was Scott Christman who served as Cox's deputy chief of staff at the NRA-ILA.

Both Cox and Christman are accused along with NRA Board member and former Congressman Dan Boren of participating in a failed "coup" attempt orchestrated by Ackerman McQueen and Ollie North. Cox vehemently denies this.
“The allegations against me are offensive and patently false,” Cox said. “For over 24 years I have been a loyal and effective leader in this organization. My efforts have always been focused on serving the members of the National Rifle Association, and I will continue to focus all of my energy on carrying out our core mission of defending the Second Amendment.”
The New York lawsuit was filed on behalf of the NRA by outside counsel William Brewer III and his firm. It seeks a declaratory judgment stating that Ollie North is not entitled to reimbursement for legal fees and expenses incurred as a result of subpoenas in the second Ackerman McQueen lawsuit and the Senate Finance Committee's request for documents. When a declaratory judgment is sought, it is making a statement that the facts are not in question and that the only thing sought is a declaration as to matters of law. That said, the complaint filed is a mish-mash of allegations that in no way could be considered a 100% recitation of facts. The full complaint is here.

The complaint alleges that North is an employee of Ackerman McQueen, that he had been asked to either resign from AckMac or the NRA board, that he has done neither, and that he orchestrated the "coup" attempt to oust Wayne LaPierre at the behest of AckMac. North is also accused of acting in bad faith and breaching his fiduciary duties to the NRA.

The complaint then includes this gratuitous mention of Chris Cox and Dan Boren. This is the only paragraph where either of these two are mentioned.
North and his co-conspirators orchestrated these threats through, among other things, a string of text messages that are filed herewith. The text messages were produced in the Virginia Litigation by Dan Boren, an NRA board member employed by one of Ackerman’s other major clients, the Chickasaw Nation. Boren relayed the contents of Ackerman’s threatened letter to North and helped to choreograph the ultimatum they presented to Mr. LaPierre. Moreover, in email correspondence transmitted over non-NRA servers, Boren admitted his knowledge that Ackerman may have been invoicing the NRA for full salaries of employees who were actually working on the Chickasaw Nation account. The same text messages and email messages demonstrate that another errant NRA fiduciary, Chris Cox —once thought by some to be a likely successor for Mr. LaPierre—participated in the Ackerman/North/Boren conspiracy.
The text message can be seen in this exhibit. It should be noted that from what I've been told that exhibits are not usually submitted when asking for a declaratory judgment. Reading the texts between Boren and Cox, I fail to see this as a "coup" attempt. Rather, in my opinion, it seems they are concerned about the war between AckMac and the NRA and its future impact on the NRA. Cox is correct when he calls what had been going on "a tragic mess".

This whole affair is so Byzantine. It reminds more of a Soviet-style purge where ministers and members of the Politburo are being purged after the head of the KGB whispers in the ear of the aging General Secretary that they are plotting against him. Insert Wayne LaPierre into the role of the aging General Secretary and William Brewer into the role of KGB head and there you have it.

Wednesday, June 19, 2019

A Gun Law That Makes Sense


Gov. Ralph Northam (D-VA) you may remember called a special session of the Virginia General Assembly after the murders in the municipal building in Virginia Beach. His intent is to have a number of gun control bills passed ranging from universal background checks to red flag laws. As I wrote then, none of his proposals would have changed a thing in Virginia Beach.

Delegate David Yancy (R-Newport News) has an idea for a law that might impact the criminal misuse of firearms. While it wouldn't have changed things in Virginia Beach, it might have an impact on armed crime in Virginia. Many criminals obtain their firearms through the criminal black market where stolen firearms are bought and sold.

Yancy has proposed a bill that is similar to the Federal Rule 35 procedure. He says:
And one tool they (law enforcement) told him that wish they had is one federal law enforcement agencies have used for seven decades. It is the power to ask judges to cut convicts’ sentences if, once in prison, if those offenders give police the information needed to bring drug-smugglers, gun-runners and other organized criminals to justice.

“I think this could help,” Yancey said, adding that in his experience, most gun crime in Newport News and many other communities involves stolen weapons.

"You'll see someone crashing a car into a pawnshop and clean out all the guns, then those guns end up on the street," he said.
The Virginia Pilot story goes on to note:
The average time federal offenders serve after a Rule 35 sentence reduction is just under seven years, according to a recent U.S. Sentencing Commission study. On average, Rule 35 results in a 39% reduction in the length of a sentence, the federal agency found.

The U.S. District Court for the Eastern District of Virginia grants the most Rule 35 sentence reductions, or some 1,645 out of a national total of 10,811 between 2009 and 2014, the study found.

Though such a rule wouldn’t have prevented a gunman from killing a dozen people in a Virginia Beach municipal building last month, Yancey said it would be a way of addressing gun violence that doesn’t infringe anyone’s Second Amendment rights. The right to bear arms doesn’t include the right to steal guns or possess a stolen weapon, he noted.

It’s also in line with legislation enacted last year that allows judges to reduce sentences for offenders who provide a lot of help to an investigation or prosecution of drug dealing.

Yancey's proposal would allow a judge to revise a sentence after the offender has already started serving it.

His concern with stolen weapons led him last year to introduce a bill that would have set a series of mandatory minimum sentences for stealing guns with the intention of selling them, receiving or selling stolen firearms, or using stolen guns in a crime. The bill died in committee.
Providing incentives to criminals to turn in their source makes sense. His bill introduced last year to add to sentences for the theft of firearms with the intent to sell them also makes sense. Both might have a great impact on crime by drying up the supply of stolen firearms than anything Northam or the gun control industry has ever proposed.

Monday, June 17, 2019

What Is Good Moral Character?


North Carolina HB110 and SB90 as currently written were meant to allow the protection of a religious congregation that rented a school building for their services. It was even titled, "The Religious Assembly Security and 6 Protection Act of 2019." It would allow those with a concealed handgun permit to carry a handgun on school property after school hours while in a building used for religious services. In other words, a person could serve as church security.

The NC Senate Judiciary Committee in its infinite wisdom is proposing to gut the bill and change it into one dealing with pistol purchase permits and concealed handgun permits. It would change the cost of a pistol purchase permit from $5 to $25 but would now allow unlimited numbers of purchases on the same permit for five years. That proposal has the anti-rights forces such as NCGV in an uproar because there was no limit on how many handguns you could buy with one background check.

More importantly, the proposed committee substitute would apply the same "good moral character" requirement for a pistol purchase permits (now called a Class B Handgun Permit) to the NC Concealed Handgun Permit. What is good moral character? We don't know because it is such an amorphous phrase. It is right up there with "justifiable need" as many May-Issue permit states use as a criteria. Does someone who writes angry letters to the editor or has a Confederate flag hanging in their basement lack good moral character? Would an avowed atheist be considered to lack good moral character if the local sheriff was a deacon in his or her fundamentalist church?

The proposed committee substitute which isn't even published on the General Assembly's website is being pushed by the North Carolina Sheriffs Association and their director Eddie Caldwell. It is a power move on their part as all revenue from all permits would now go to the sheriff rather than being shared with the NC Department of Public Safety. Thanks to dedicated volunteers in Grass Roots North Carolina who keep their ear to the ground we even know about this PCS. The staff attorney prepared this bare bones summary which omits the key issue regarding the good moral character requirement.

This proposed committee substitute must be stopped as it would convert our shall-issue permit into a may-issue permit through the "good moral character" requirement. Grass Roots North Carolina has prepared the following alert asking people to both call and write the members of the Senate Judiciary Committee as well as Republican leaders and say NO.

SHERIFFS GRAB POWER
TO DENY PERMITS

Links for social media:
https://tinyurl.com/y3w7syp9
OR
https://www.grnc.org/defend-your-rights/recent-grnc-alerts/1068-senate-republicans-to-gut-concealed-carry

This is not a drill, and this is not a joke. Republicans in Raleigh are in the process of gutting NC’s “shall issue” concealed carry permit application structure...

Regarding concealed carry permit (CHP) applications, we are furious (yes, furious ) to be forced to announce that the Republicans you sent to Raleigh have snuck language into the Proposed Committee Substitute (PCS) of a bill that would, in essence, transform North Carolina from a “SHALL ISSUE” state into a “MAY ISSUE” state.

We at GRNC are incensed and you ought to be as well. As you know, GRNC engineered NC's "shall issue" concealed carry law in 1995. Since then, GRNC has been instrumental in greatly improving it with restaurant carry, limited school/campus carry and more. We're not about to stand by and watch a naked power grab by NC's sheriffs, aided by Republican senators, roll back all of our progress.

Are You of “Good Moral Character?”
Last week, in Raleigh, Republicans snuck new language into a PCS for Senate Bill S90 ("Protect Religious Meeting Places") (=H110), and it’s worth noting that, initially, S90 was not even written to deal with the concealed carry application process. It’s also worth noting that before the poisonous PCS, S90 was a promising pro-gun bill.

Yet, the PCS language strips “shall issue” status from the people and confers “may issue” power to your county sheriff. According to the PCS, a sheriff can deny CHPs by claiming applicants are not of “Good Moral Character,” the same shameful Jim Crow-era language that still exists on Pistol Purchase Permit applications, which GRNC has been fighting to eliminate.
And you’ve probably guessed already: there is no strict definition for “good moral character,” and truly, no definition would suffice in this context anyway. Therefore (and conveniently), lacking “good moral character,” grounds for denying a CHP, is an open-ended label that any sheriff could attach to any applicant for any reason.

Shifting Power from Citizen to Sheriff
Lest you wonder, “good moral character” has nothing to do with an applicant’s criminal history. Exhaustive, indeed intrusive, criminal and medical background checks, and (de facto) long waiting periods are already part of the CHP application process. The sheriff’s personal, subjective and nebulous analysis of your character can have no legitimate purpose. The only clear purpose of this language in S90’s PCS is to take power away from you, the law-abiding citizen, and hand it to your county sheriff to lord over you, so he can withhold your rights at will.

Perhaps you’re thinking, “Sheriffs would never use this new power to deny permits to qualified people.” Yet, if they’d never use their newfound power, why enshrine it in our state’s laws? It can have only one purpose, and if there is no intention to use it (now or later), it would not have been proposed as substitute language for S90.

What You Can Do
Are you prepared to live in a state that treats gun rights the way California does—like “gun privileges?” Are you ready to cede your Natural rights to your county’s sheriff, so he can ration them back to you as he sees fit? If not, please join other gun rights supporters in putting an immediate halt to this attack on your gun rights (from the Republicans no less!). Once again, we must remind these politicians who “brung ‘em” to the dance, and it looks like we’ll have to be more stern than usual.

Below, see how you can easily contact Senate Judiciary Committee members (and Sen. Berger) to tell them, emphatically, that any vote, indeed any support whatsoever, for S90’s Proposed Committee Substitute will be considered a severe and blatant anti-gun action! 

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IMMEDIATE ACTION REQUIRED!


  • EMAIL MEMBERS OF THE SENATE JUDICIARY COMMITTEE: Use the copy/paste email list provided below and the copy/paste text provided under ‘Deliver This Message. 

  • PHONE REPUBLICAN LEADERS & YOUR SENATOR: This is serious and so phone calls to committee chairs and to your own senator are just as important as sending an email message. Call today and leave a message; call Monday and call Tuesday. That's how important this is. Please use the phone numbers provided below to contact Judiciary Committee leaders. Also, please call your own senator (find contact details below). When you reach each senator's office, tell him or her:
    I am a gun rights voter, and I am enraged that Republicans are seeking to force a huge step backwards for gun rights in our state. The ostensibly pro-gun party should be ashamed to be identified as the party that introduced Senate Bill 90's PCS language, which would grant "may issue" power to sheriffs for Concealed Carry Permits, stripping citizens of the unalienable portion of unalienable rights. Any Senator supporting this PCS will be considered anti-gun, and will pay at the polls. Thank you.

  • ATTEND TUESDAY'S COMMITTEE HEARING: The presence of gun rights voters at this meeting is critical. Committee members must know that we see what they're trying to do, and that we're serious about stopping them. Please attend Tuesday's committee meeting. You may have an opportunity to speak, so arrive early in case you need to sign up. Find details below.

  • PLEASE CONTRIBUTE TO GRNC: Help us fight gun control while we promote Second Amendment principles. Please CLICK HERE to contribute. Bear in mind that GRNC is an all-volunteer organization, so you can be sure your donations are put to the best possible use. Any amount helps, and any amount is appreciated.

NC Senate Judiciary Committee, Copy/Paste Email List:
Dan.Bishop@ncleg.net; Dan.Blue@ncleg.net; Danny.Britt@ncleg.net; Harry.Brown@ncleg.net; Jim.Burgin@ncleg.net; Warren.Daniel@ncleg.net; Jim.Davis@ncleg.net; Toby.Fitch@ncleg.net; Kathy.Harrington@ncleg.net; Rick.Horner@ncleg.net; Brent.Jackson@ncleg.net; Jeff.Jackson@ncleg.net; Natasha.Marcus@ncleg.net; Mujtaba.Mohammed@ncleg.net; Paul.Newton@ncleg.net; Terry.VanDuyn@ncleg.net; Phil.Berger@ncleg.net

Senate Member Phone
Senator Danny Britt, Jr.
Senate Judiciary Committee Co-chair
(919) 733-5651
Senator Warren Daniel
Senate Judiciary Committee Co-chair
(919) 715-7823
Senator Phil Berger
Senate President Pro Tempore
(919) 733-5708
Please call your senator, too.
Need name/contact information?
Click Here and select the 'NC Senate' option to find your senator.

Tuesday's Senate Judiciary Committee
Attend to Stop the Gutting of Concealed Carry
WHEN:  Tuesday, June 18, 2019, 10:00 am
WHERE:  NCGA Legislative Building
Room 1124/1224
16 West Jones Street
Raleigh, NC 27601
IMPORTANT
NOTES:
Please arrive early to allow extra time to park and to get through building security. 60 minutes early is recommended.
Please dress for the press. Business attire preferred. Please no inflammatory slogans on clothing or otherwise.
Please bring a roll-up paper sign with the following message on it:
"SENATOR BERGER: DON'T GUT CONCEALED CARRY"

DELIVER THIS MESSAGE


Suggested Subject: "Don’t Gut Concealed Carry"  


Dear Senator:

I have just learned of the Republican Party’s effort to transform North Carolina’s concealed carry permit (CHP) application structure from “shall issue” to “may issue.” I see that Senate Judiciary Committee members have snuck language into S90’s Proposed Committee Substitute (PCS) that would grant sheriffs unchecked power to deny concealed carry permits to any applicant, any time, for effectively any reason. The PCS’s language, which poisons an otherwise pro-gun bill, allows a sheriff to declare that an applicant, any applicant, is not of “good moral character.” This is the same shameful Jim Crow-era language that still exists on the Pistol Purchase Permit application, language that ought to be removed (not added elsewhere).

Of course, “good moral character” has no particular definition, nor would any be satisfactory given the context. Exhaustive and intrusive background checks and (de facto) long waiting periods are already part of the CHP application process. The sheriff’s personal, subjective and nebulous analysis of an applicant’s “character” has precisely zero legitimacy. Clearly, its only purpose is to wrest power from the law-abiding citizen and hand it to our county sheriffs to lord over the citizens, so sheriffs can withhold Natural rights by fiat.

This is unacceptable! I am incensed that the committee members, especially those in the Republican Party, would even consider such an anti-gun scheme. North Carolina is not California, it is not New York, and gun voters will not allow this state to transform into one of these states in the context of the Second Amendment.

Be warned:
Any favorable vote, even the slightest measure of support for S90’s PCS, with its “good moral character” clause, will be perceived as a threat to every gun rights voter in this state, myself included. Do not doubt it, backing S90’s PCS will be recorded as an extreme anti-gun action!

Put a stop to S90’s anti-gun PCS now. I will be monitoring your actions on this critical matter through alerts from Grass Roots North Carolina

Respectfully,


UPDATE: My sources in GRNC tell me the bill has been pulled from the committee calendar. It appears the committee heard from you.

Friday, June 14, 2019

Happy Bourbon Day


It is fitting that both Bourbon Day and Flag Day are being celebrated on June 14th this year. What distilled spirit is more identified with America than bourbon? If you said rye, I would point out that most Canadian whiskey is called rye.

One of the most significant legal developments in the history of bourbon was the Bottled in Bond Act of 1897. It said that only domestic distilled spirits that met certain qualifications could use the terms "bond", "bonded", "bottled in bond", "aged in bond" or similar phrases. This told the consumer that the whiskey, bourbon, or other spirit that they were buying was what it said on the label. They weren't getting some neutral spirit with added coloring and tobacco juice added for "flavor".

This was codified into Title 27 CFR 5.42. Section 3 states:
(3) The words “bond”, “bonded”, “bottled in bond”, “aged in bond”, or phrases containing these or synonymous terms, shall not be used on any label or as part of the brand name of domestic distilled spirits unless the distilled spirits are:

(i) Composed of the same kind of spirits produced from the same class of materials;

(ii) Produced in the same distilling season by the same distiller at the same distillery;

(iii) Stored for at least four years in wooden containers wherein the spirits have been in contact with the wood surface except for gin and vodka which must be stored for at least four years in wooden containers coated or lined with paraffin or other substance which will preclude contact of the spirits with the wood surface;

(iv) Unaltered from their original condition or character by the addition or subtraction of any substance other than by filtration, chill proofing, or other physical treatments (which do not involve the addition of any substance which will remain incorporated in the finished product or result in a change in class or type);

(v) Reduced in proof by the addition of pure water only to 100 degrees of proof; and

(vi)Bottles at 100 degrees of proof.

In addition to the requirements of § 5.36(a) (1) or (2), the label shall bear the real name of the distillery or the trade name under which the distillery produced and warehoused the spirits, and the plant (or registered distillery) number in which produced; and the plant number in which bottled. The label may also bear the name or trade name of the bottler.

Bernie Lubbers, the Whiskey Professor and brand ambassador for Heaven Hill, is a true believer in Bottled in Bond bourbon. So much so that he has it tattooed on his arm and his license plate reads "Stay Bonded". He and fellow writer Fred Minnick explain it in the YouTube video below. Bernie is the author of Bourbon Whiskey: Our Native Spirit which is an excellent book in my opinion and Fred is the author of Bourbon Curious: A Simple Tasting Guide for the Savvy Drinker which is another great book on bourbon. I both in my collection.



So when you get home from work tonight, pour yourself a nice bourbon or mix a cocktail with bourbon and then sip it while looking at your flag. Better yet, make it a bottled in bond bourbon!

Thursday, June 13, 2019

Seems Weird To See It Spelled Out


In a story from Washington State on how gun owners are preparing for new gun control law that go into effect July 1, there is this.
He tells Action News that as July approaches, his military surplus store, The Bunker, is selling more receivers for ArmaLite Rifle 15-style (AR-15) than expected.
 I'm glad that that the author of the story recognizes that AR stands for ArmaLite Rifle and not "assault rifle" or "automatic rifle". That said, you see it so rarely spelled out that when you do, it just looks looks weird.

As the story itself, people shopping at this gun store in the Tri-Cities area are buying lots of AR lowers and putting them away before the new law goes into effect. There is also the question of how to sell stripped lower receivers once the new law goes into effect as it isn't clear.

Wednesday, June 12, 2019

NC HB216 - School Self-Dense Act


Rep. Larry Pittman (R-Cabarrus) introduced HB 216 in February of this year. The School Self-Defense Act would create the position of volunteer school faculty guardian. This would apply to either full or part-time faculty and staff who possessed a valid NC Concealed Handgun Permit. The school faculty guardian would also have to take a special 16-hour training class, submit annual certification of marksmanship and of possessing a CHP to the chief administrator of the school system, keep the handgun concealed unless responding to an act of violence, and submit to an annual drug testing. School systems would have the opportunity to opt out of this program.

Grass Roots North Carolina is urging that people contact Republican legislators and urge them to bring this bill forward. Their alert is below.


DEMAND REPUBLICANS
PROTECT NC'S SCHOOLS


H216 is a bill that will allow the true protection of schoolchildren…

The anti-gun crowd is content to posthumously praise the brave souls who throw themselves in front of innocents, or charge wicked gunmen in order to save the lives of others. Save lives these courageous people do, and heroes they are.

Yet, anyone with exceptional sense would be hard-pressed to come up with a reason why these heroes must always be unarmed, only to be seriously injured or killed while carrying out their valiant acts. Why must the fruitfulness of these acts be so limited?

The answer is simple: political leaders and activist groups have set it up that way. Those hostile to the Second Amendment are proud of having disarmed the good guys by creating “gun free” zones in schools and elsewhere, leaving adults and the children in their care to fight psychotic leviathans with staplers and pencils. Well, it doesn’t have to be this way.

H216: Genuine School Safety
Pro-gun stalwart and GRNC four-star Representative Larry Pittman (Cabarrus, Rowan), is once again at the forefront of the push for a practical and appropriate solution to this societal concern.

For the sake of protecting schoolchildren, Rep. Pittman is imploring his Republican colleagues to advance H216 (School Self-Defense Act) to once and for all put responsible adults, those nearest to the schoolchildren during daytime hours, in a position to actually protect those children in a practical and effective manner, should it be necessary.

On a volunteer basis, H216 would allow educators to carry concealed firearms to deter mass killings in schools. It is modeled after a federal program to arm professional airline pilots as “Federal Flight Deck Officers.” Have questions? Below are some facts related to this proposal:
  • 25 states allow schools or districts to give permission to individuals to carry guns: Alaska, Arizona, Connecticut, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Montana, Nevada, Ohio, Rhode Island, South Carolina, Texas, New Jersey, New York, Utah, Vermont, and West Virginia.
  • At least 14 states allow concealed carry in schools: The states include Alabama, Arkansas, Colorado, Idaho, Indiana, Missouri, Montana, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, and Washington.
  • At least 9 states specifically allow school employees to carry guns on school property: The states include: Florida, Idaho, Kansas, Louisiana, Missouri, South Dakota, Tennessee, Texas, and Wyoming.
  • Florida created a school marshal system: Florida created a $67 million “school marshal” program to arm teachers in classrooms, in response to the mass shooting at Marjory Stoneman Douglas High School.
  • Arming faculty reduces school shootings: A new study entitled “Schools that Allow Teachers to Carry Guns Are Extremely Safe: Data on the Rate of Shootings and Accidents in Schools that Allow Teachers to Carry found that:
    • Zero school shootings at schools with armed faculty: During hours when armed teachers would logically be present, none of the schools with armed faculty experienced school shootings.
    • A significant increase in school shootings at schools which do NOT allow armed faculty: Between 2001 and 2018, the number of school shootings at schools which did not allow armed faculty more than doubled.
You Can Help Protect Schoolchildren
Representative Pittman and the other sponsors of H216 need your help. They want to shepherd H216 through the legislative process and get down to the serious (and very sensible) business of actually protecting children in schools, rather than doing everything under the bureaucratic sun to stall. Enough blue-ribbon panels, enough useless gun control proposals.
If you’re a parent, you know what parents really want, parents who have real-life children in real-life schools (and incidentally, parents who vote). You want your children protected—really protected—Now! Another “Governor’s Select Committee” isn’t going to cut it.

Below, see how you can easily contact Republicans in the NC House to demand that they stop stalling, and get to the serious business of protecting children in schools—now! Insist they do whatever is necessary to move H216 through committee, on to the floor for a vote, so it can move to the NC Senate.  

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IMMEDIATE ACTION REQUIRED!


  • EMAIL REPUBLICANS IN THE NC HOUSE: Use the copy/paste email list provided below, and the copy/paste message provided under ‘Deliver This Message’ section.

  • PLEASE CONTRIBUTE TO GRNC: Help us fight gun control while we promote Second Amendment principles. Please CLICK HERE to contribute. Bear in mind that GRNC is an all-volunteer organization, so you can be sure your donations are put to the best possible use. Any amount helps, and any amount is appreciated.
*NC House Republicans Copy/Paste Email List(s):
Dean.Arp@ncleg.net; Lisa.Barnes@ncleg.net; John.Bell@ncleg.net; Hugh.Blackwell@ncleg.net; Jamie.Boles@ncleg.net; William.Brisson@ncleg.net; Mark.Brody@ncleg.net; Dana.Bumgardner@ncleg.net; Jerry.Carter@ncleg.net; Debra.Conrad@ncleg.net; Kevin.Corbin@ncleg.net; Ted.Davis@ncleg.net; Jimmy.Dixon@ncleg.net; Josh.Dobson@ncleg.net; Jeffrey.Elmore@ncleg.net; John.Faircloth@ncleg.net; John.Fraley@ncleg.net; Edward.Goodwin@ncleg.net; Holly.Grange@ncleg.net; Destin.Hall@ncleg.net; Kyle.Hall@ncleg.net;

Bobby.Hanig@ncleg.net; Jon.Hardister@ncleg.net; Kelly.Hastings@ncleg.net; Cody.Henson@ncleg.net; Craig.Horn@ncleg.net; Julia.Howard@ncleg.net; Chris.Humphrey@ncleg.net; Pat.Hurley@ncleg.net; Frank.Iler@ncleg.net; Steve.Jarvis@ncleg.net; LindaP.Johnson@ncleg.net; Brenden.Jones@ncleg.net; Donny.Lambeth@ncleg.net; David.Lewis@ncleg.net; Pat.McElraft@ncleg.net; Chuck.McGrady@ncleg.net; Allen.McNeill@ncleg.net; Tim.Moore@ncleg.net; Gregory.Murphy@ncleg.net;  Larry.Potts@ncleg.net; Michele.Presnell@ncleg.net; 

Dennis.Riddell@ncleg.net; David.Rogers@ncleg.net; Stephen.Ross@ncleg.net; Jason.Saine@ncleg.net; Wayne.Sasser@ncleg.net; John.Sauls@ncleg.net; Mitchell.Setzer@ncleg.net; Phil.Shepard@ncleg.net; Carson.Smith@ncleg.net; Sarah.Stevens@ncleg.net; Larry.Strickland@ncleg.net; John.Szoka@ncleg.net; John.Torbett@ncleg.net; Rena.Turner@ncleg.net; Harry.Warren@ncleg.net; Donna.White@ncleg.net; Larry.Yarborough@ncleg.net; Lee.Zachary@ncleg.net


* Limitations of certain email programs and spam filters may require you to send this message to smaller lists. If that is necessary, the above email list is conveniently split into three parts to allow you to easily send this message three times—once to each list.

DELIVER THIS MESSAGE


Suggested Subject: "Enough is enough. Pass H216 to Protect Schoolchildren"  


Dear Representative:

I am writing today to make it clear that I’ve had it “up to here” with blue-ribbon panels, governor’s select committees, and useless gun control proposals. Every second that ticks by is another second that schoolchildren in North Carolina are not protected in any effective manner from mass shooters. You have the power to change that, and I demand that you do.

Right now, H216 (the School Self-Defense Act) is in a position to receive a committee hearing and then move to the floor for an up-or-down vote. This bill would allow educators to carry concealed firearms to deter mass killings in schools, and is modeled after a federal program to arm professional airline pilots as “Federal Flight Deck Officers.” Below is some information that greatly strengthens the case for H216:

- 25 states allow schools or districts to give permission to individuals to carry guns.
- At least 14 states allow concealed carry in schools.
- At least 9 states specifically allow school employees to carry guns on school property.
- Florida created a school marshal system in response to the mass shooting at Marjory Stoneman Douglas High School.
- Arming faculty reduces school shootings. Note there have been zero school
shootings at schools with armed faculty. During hours when armed teachers would logically be present, none of the schools with armed faculty experienced school shootings. There is a significant increase in school shootings at schools which do NOT allow armed faculty. Between 2001 and 2018, the number of school shootings at schools which did not allow armed faculty more than doubled.

The Republican Party still holds a majority in the General Assembly and the excuses are wearing thin. I demand that you do whatever it takes to shepherd H216 through the legislative process. Unfortunately, there is always a lingering possibility of a school shooting. With that in mind, I insist that you do everything you can to make it possible for teachers to protect the children under their care.

I will be monitoring your actions on this matter through alerts from Grass Roots North Carolina.

Respectfully,