Picture Of The Day

From the AP

The stoic-faced woman being led away in handcuffs is former Pennsylvania Attorney General Kathleen Kane (D-PA). She was sentenced today in a Montgomery County, PA courtroom after being convicted in August on two felony counts of perjury and the misdemeanor crimes of conspiracy, official oppression, and false swearing. Judge Wendy Demchick-Alloy imposed a sentence of 10-23 months in prison and eight years of probation.

From the NY Post/AP:

“This case is about ego – the ego of a politician consumed with her image from Day One,” Demchick-Alloy said. “This case is about retaliation and revenge against perceived enemies who this defendant … felt had embarrassed her in the press.”

Kane, the first woman and first Democrat elected as the state’s top prosecutor, was handcuffed in court and led out a side door. She will remain in custody until she posts $75,000 cash bail, higher than she had previously posted.

After she posts bond, she will remain free while she appeals her conviction.

She had been a stay-at-home mother, and former assistant county prosecutor, before using her husband’s trucking fortune to run for statewide office in 2012. She quickly became a rising star in the state Democratic Party before her office devolved into turmoil as career prosecutors came and went.

Kane and her husband are now estranged and share custody of their teenage boys.

“Your children are the ultimate … collateral damages. They are casualties of your actions,” the judge said. “But you did that, not this court. ”

It was not only her now estranged husband's fortune that she used to get elected. Michael Bloomberg also donated approximately $600,000 to get her elected and she reciprocated by refusing to defend state law's on gun rights as well as "revising" concealed carry reciprocity agreements with a number of states.

I do feel for her kids but I have no sympathy for her. She brought this upon herself and now she must pay the price.

It Pays To Have Friends

It pays to have friends. I am very fortunate to be friends with David Yamane ( of the great blog Gun Culture 2.0). He was recently in Kentucky touring the Bourbon Trail. Seeing his posts about the trip on Facebook, I messaged him to see if he might find me a bottle of Old Fitzgerald Bottled in Bond.

As you can see, David came through for me. I had tried to find it when I was in Kentucky earlier this year at the NRA Annual Meeting to no avail. From what I understand, most of the production of bourbon that had been going to the Old Fitzgerald brand is now being saved for Larceny bourbon.

Having read Bernie Lubbers' book Bourbon Whiskey: Our Native Spirit, I have been paying attention to bourbons that are bottled in bond. This tells me that the bourbon is at least four years old, it was distilled in a single season at a single distillery, and that it is 100 proof. As Bernie writes, "In short, the good stuff."

Old Fitzgerald BIB is a wheated bourbon from Heaven Hill. It was originally a Stitzel-Weller brand and the tall chimney at that distillery still says "Old Fitzgerald". While not a top shelf bourbon, it is still considered one of the best values in the wheated bourbon category. I can't wait to give it a try.

Again, my thanks to David for finding this for me.

From NSSF's #Gunvote

The National Shooting Sports Foundation's #Gunvote has released a new video after Hillary Clinton's "reinterpretation" of the Heller decision.

From their Government Relations Update email:

During the last Presidential Debate of the 2016 Election season on Wednesday night, Hillary Clinton was asked by moderator Chris Wallace of Fox News to explain her statement from a year ago that "The Supreme Court is wrong on the Second Amendment." Specifically, Wallace asked her to explain her problem with the reasoning of landmark Heller decision.

Once again, the American public saw Mrs. Clinton's general election strategy play out of providing lip service to the Second Amendment while soft peddling what are her true strong gun control sentiments. This time, she surprised observers by saying, "I disagreed with the way the court applied the Second Amendment in that case, because what the District of Columbia was trying to do was to protect toddlers from guns and so they wanted people with guns to safely store them." An Associated Press Fact Check termed that claim a "misstatement." See and share the #GUNVOTE video.

To save you some time, I have embedded the video below.

Wayne LaPierre | An Urgent Message to the NRA's 5 Million Members

In this video message to the NRA's 5 million members, Wayne LaPierre reflects on the last eight years of the Obama Administration's impact on gun rights and speculates on what a President Hillary Clinton might do. From my own perspective, I've always thought Hillary was more politically astute than Barack Obama and has more ties throughout the Democrat Party to get her will imposed.

As I've said before, #NeverTrump =  #NeverGuns. Donald Trump might be a loudmouth asshole but he's our asshole.

New NRA Ad Coming To A Battleground State Near You

The NRA is releasing another ad urging voters to defeat Hillary Clinton. According to the news release below, they will be spending upwards of $5 million airing their message.

I fully expect to see it on the airwaves here in North Carolina shortly. We are one of the few key states that very close and that must be won on the way to 270 electoral votes. Our early voting started yesterday across the state.

From the NRA-ILA:

Fairfax, Va.— The National Rifle Association has launched a new ad using Hillary Clinton's own words to expose her repeated lies regarding her views on the Second Amendment. The new ad, entitled “Classified,” began airing last night on national cable and on broadcast in key battleground states. The $5 million ad buy will run through Oct. 31.

The ad played out in real time on the debate stage last night when Clinton once again lied to the American people by saying she respects the Second Amendment, but then totally mischaracterized and confirmed her opposition to the Supreme Court's landmark decision in District of Columbia v. Heller. The Heller ruling guaranteed the right of an individual to keep a firearm in the home for self-defense.

“Hillary Clinton cannot tell the truth when it comes to the Second Amendment," said Chris W. Cox, executive director, NRA-ILA. "It is clear from the debate last night that Hillary Clinton lies about her support of the Second Amendment and believes Americans do not have a right to keep a firearm at home for self-protection. Her argument that the Heller decision was just about protecting toddlers was ridiculous.”

Last night was the second time Clinton has publicly said she opposes Heller. At a recent closed door event, Clinton was recorded sayingthe Supreme Court “is wrong on the Second Amendment.” If elected president, Clinton will nominate at least one anti-gun Supreme Court justice who will vote to overturn the right of a law-abiding citizen to have a firearm in the home for self-protection.

“We cannot trust Hillary Clinton. Hillary Clinton has lied about her emails, she has lied about Benghazi, and she lies about the Second Amendment. She will say whatever it takes to get elected, but the NRA remains committed to exposing her lies. Defeating Hillary Clinton is critical to protecting the rights of America’s law-abiding gun owners,” concluded Cox.

You can see the 30 second video below:

Quote Of The Day

Sporting Classics Daily published an excerpt from Theodore Roosevelt's Hunting Trips of a Ranchman yesterday. It dealt with the ranchman's rifles, the rifles that Roosevelt chose, hunting, and marksmanship.

On marksmanship, he said:

To be remarkably successful in killing game, a man must be a good shot; but a good target shot may be a very poor hunter, and a fairly successful hunter may be only a moderate shot. Shooting well with the rifle is the highest kind of skill, for the rifle is the queen of weapons; and it is a difficult art to learn.

As this presidential election season is coming to a close, one must wonder how a Teddy Roosevelt, hunter and shooter, would fare nowadays. I imagine his campaign stops would be marred by protests ranging from PETA with naked models painted like a leopard to the dour Demanding Mommies with their orange t-shirts. Then some sanctimonious twit from the mainstream media would then be accusing Teddy of advocating bullying when he gleefully shouted, "Bully!", at the protesters.

If you'd like to read more of Teddy Roosevelt, the link above is to a free Kindle edition of his book.

Early Voting Opens In North Carolina Today

Early voting opens in North Carolina today. In Buncombe County where I live, it starts at 10am and runs to 6pm. Times in other counties may differ. The one-stop early voting runs until Saturday, November 5th. You can check the North Carolina State Board of Elections for which district you live in, links to your county elections board, and more.

In time for this, GRNC-PVF has released their recommendations of candidates for the office of President and on down. It is part of their Remember in November project. You will notice that they give recommendations and not endorsements. Recommendations are based upon their evaluation of which candidate would be better on gun rights issues.

2016 GRNC-PVF General Election Candidate Recommendations

The 2016 election is a referendum not only on the Second Amendment, but on diametrically opposed plans for the future of our Republic. Key to the outcome of that election is North Carolina, which is now regarded as a hotly contested “battleground state.” Translated, the future of our Republic is now in your hands. If you fail to vote, if you fail to bring like-minded people to the polls, Hillary Clinton’s nomination of the next Supreme Court justice will be, quite literally, your fault. Candidate recommendations versus evaluations: Below are recommendations for effective voting strategies by the Grass Roots North Carolina Political Victory Fund. Candidate recommendations, which are more limited than blanket “endorsements,” are not made in all races, only in races where a clear pro-gun candidate stands out or where strategic voting is necessary to keep anti-gun candidates out of office. Recommendations differ from GRNC candidate evaluations. While the evaluations are intended to provide an objective measure of where candidates stand on Second Amendment issues, GRNC–PVF recommendations are analytical and therefore subject to interpretation. For a full explanation of GRNC’s objective star evaluations, go to: http://www.grnc.org/remember-in-november/grnc-candidate-evaluations-2016 Important note: Candidates who lack voting records or other history on Second Amendment issues and who fail to return GRNC’s candidate survey automatically receive a zero star evaluation (0) on the assumption that they are hiding their position from gun voters. Every election year, we receive complaints about ostensibly pro-gun candidates who receive zero star evaluations due to failure to return the survey. Each candidate is mailed a survey to the address he or she registered with the State Board of Elections. If they fail to return the survey, we cannot help candidates who will not help themselves. Voting instructions: General election One Stop Early Voting begins on October 20 and ends on November 5 at 1:00 PM. Absentee ballots must be received by 5:00 PM on November 8. Election day is November 8 between 6:30 AM and 7:30 PM. Click here to find your polling place on election day, or click here to find your One Stop Early Voting place. Important changes to voting laws: Due to ongoing litigation, same-day registration will still be permitted during One Stop Early Voting. Straight party voting is no longer permitted, so GRNC strongly suggests you investigate individual candidates. Please click here to find out about identification requirements. GRNC CANDIDATE RECOMMENDATIONS Key to listings: Included in listings below are scores on GRNC’s candidate survey, pro-gun voting percentage, and GRNC star evaluation (0-star, *, **, ***, or ****, depending on how closely a candidate can be expected to agree with a control group of conservative gun owners). “NR” means the candidate failed to return GRNC’s survey which, for candidates without voting records, gives the candidate a 0-star (0) evaluation. US PRESIDENT Thanks to his change in position on key Second Amendment issues, DONALD TRUMP now holds a GRNC 3-star (***) evaluation. He may or may not be your first choice, but make no mistake: The election of Hillary Clinton to POTUS absolutely will allow her to make at least one (and probably more than one) Supreme Court appointment – this from a candidate who is on record as saying the SCOTUS decisions affirming an individual right to arms are “wrong.” Without doubt, such a Clinton Supreme Court would reverse both the Heller and McDonald decisions and pave the way for massive gun bans. Beyond Clinton’s fundamental and pervasive corruption, she is on record as supporting semi-auto bans, universal gun registration (a/k/a/ “universal background checks”), and Australia-style gun confiscation. If Democrats also gain control of the US Senate (see below), the Senate Majority Leader will be Sen. Charles Schumer – a dedicated, long-term opponent of gun rights. Do not for a moment think you can “sit this one out” simply because you don’t like either candidate. It is your duty to keep Hillary Clinton out of the Oval Office. US SENATE In this closely contested race which could be key to control of the US Senate, GRNC-PVF recommends Republican RICHARD BURR. With a 91%* pro-gun voting record, Burr holds GRNC’s highest 4-star (****) evaluation. Opponent Deborah Ross has a long history of antagonism toward both gun rights and traditional American values. Beyond her abysmal 21% voting record, as NC House Judiciary Chair, Ross was responsible for killing one of GRNC’s first Castle Doctrine bills, despite the fact that it had cleared the Senate and was sponsored by a fellow Democrat. In fairness, with a 94% survey, Libertarian Sean Haugh also earned a GRNC 4-star evaluation. Because he will likely garner less than 5% of the vote, however, a vote for Haugh is a vote to put anti-gun Deborah Ross in the Senate and to potentially give Hillary Clinton the votes needed to pass gun control. US HOUSE District 1: With only a 33% voting record, incumbent GK Butterfield earned only GRNC’s lowest 0-star evaluation. Unfortunately, Republican challenger H. Powell Dew, Jr. failed to return GRNC’s survey, also earning a 0-star evaluation. GRNC-PVF recommends Libertarian J. J. SUMMERELL (survey 95%, GRNC ****). District 2: GRNC-PVF recommends Republican GEORGE HOLDING. Holding scored 95% on GRNC’s survey, earning four stars (****), while challenger John McNeil refused to return the survey, netting a 0-star evaluation. District 3: With a 100% survey score and a 97% pro-gun voting average, earning a GRNC four-star evaluation (****), GRNC–PVF continues to recommend incumbent WALTER JONES. Challenger Ernest Reeves refused to return the survey, netting a 0-star evaluation. District 4: Against longtime anti-gun Democrat David Price (0% voting record, GRNC 0), GRNC–PVF recommends SUE GOOGE, who returned GRNC’s candidate survey with a score of 81%, earning three stars (***). District 5: With a 100% GRNC survey score and 100% pro-gun voting record earning GRNC’s highest four-star evaluation (****), GRNC–PVF continues to recommend incumbent VIRGINIA FOXX over Democrat challenger Josh Brannon, who refused to return GRNC’s survey, netting a 0-star evaluation. District 6: Although the US House has not had any gun votes in the 114th Congress, on the basis of his 99% survey score and GRNC four-star evaluation (****), GRNC–PVF recommends MARK WALKER over Democrat challenger Pete Glidewell, who refused to return GRNC’s survey, netting a 0-star evaluation. District 7: Due to his 100% pro-gun voting record, earning GRNC’s four-star evaluation (****), GRNC–PVF recommends DAVID ROUZER over Libertarian challenger J. Wesley Casteen (82% survey, ***). District 8: Although the US House has not had any gun votes in the 14th Congress, on the basis of his 100% survey score and GRNC four-star evaluation (****), GRNC–PVF recommends RICHARD HUDSON over Democrat challenger Thomas Mills, who refused to return GRNC’s survey, netting a 0-star evaluation. District 9: Due to his 100% pro-gun voting record, earning GRNC’s four-star (****) evaluation, GRNC–PVF recommends ROBERT PITTENGER over Democrat challenger Christian Cano, who refused to return GRNC’s survey, netting a 0-star evaluation. District 10: With a 98% GRNC survey score and 100% pro-gun voting record earning GRNC’s highest four-star evaluation (****), GRNC–PVF continues to recommend long term gun rights supporter PATRICK McHENRY over Democrat challenger Andy Millard, who refused to return GRNC’s survey, netting a 0-star evaluation. District 11: Although the US House has not had any gun votes in the 14th Congress, on the basis of his 100% survey score, leadership in defending gun owners against federal abuses, and GRNC four-star evaluation (****), GRNC–PVF recommends MARK MEADOWS over Democrat challenger Rick Bryson, who refused to return GRNC’s survey, netting a 0-star evaluation. District 12: Against longtime anti-gun Democrat Alma Adams (11% voting record, GRNC 0), GRNC–PVF recommends LEON THREATT, who returned GRNC’s candidate survey with a score of 85%, earning three stars (***). District 13: This district represents a rare opportunity for gun owners to elect a gun rights supporter who has not only talked the talk, but walked the walk. GRNC-PVF strongly recommends Republican TED BUDD (survey 100%, GRNC **) over Democrat Bruce Davis (survey: NR, GRNC 0). Beyond running for Congress, Budd owns a gun shop. Frankly, we should have recommended him in the Republican primary election, but underestimated his ability to beat no fewer than 16 Republican challengers. STATEWIDE RACES North Carolina Governor: In this critical and tightly contested race, GRNC-PVF recommends PAT McCRORY (GRNC ***) over longtime anti-gun Democrat Roy Cooper (58% voting record, GRNC 0). Having, in years past, killed pro-gun legislation as NC Senate Judiciary Chairman, Cooper will most certainly veto any pro-gun legislation GRNC could get passed by the legislature. Although Libertarian Lon Cecil scored 99% on GRNC’s survey, earning four stars (****), he will draw only a few percent of the vote, potentially helping Cooper get elected. Cooper must be kept out of the governor’s mansion at all costs. North Carolina Lt. Governor: GRNC-PVF recommends incumbent DAN FOREST, who scored 95% on GRNC’s survey, earning four stars (****). Challenger Leslie Coleman, during her tenure in the NC Senate, voted with gun owners only 67% of the time, earning a low one-star (*) evaluation. North Carolina Treasurer: GRNC-PVF recommends DALE FOLWELL (****) who earned a perfect 100% pro-gun voting record while in the NC House. North Carolina Attorney General: For the open seat vacated by Roy Cooper, GRNC – PVF recommends BUCK NEWTON for Attorney General. In the NC Senate, Newton has been a leader for gun rights, cementing passage of three omnibus pro-gun bills. With his 100% survey score and 100% pro-gun voting record, Newton earned GRNC’s highest (****) four-star evaluation. By contrast, Newton’s opponent, anti-gun Sen. Josh Stein voted with gun owners only 38% of the time, netting him a 0-star evaluation. Judicial races: GRNC-PVF recommends you vote for all of the following: BOB EDMUNDS for NC Supreme Court PHIL BERGER, JR. for Court of Appeals (Stephens seat) RICHARD DIETZ for Court of Appeals (Dietz seat) BOB HUNTER for Court of Appeals (Hunter seat) HUNTER MURPHY Court of Appeals (Geer seat) VALERIE J. ZACHARY for Court of Appeals (Zachary seat) NC SENATE Note: Only contested races are covered. District 1: GRNC-PVF recommends incumbent BILL COOK (100% voting record, GRNC ****) over Democrat challenger Brownie Futrell (survey: NR, GRNC 0-star). District 2: GRNC-PVF recommends incumbent NORMAN SANDERSON (100% voting record, GRNC ****) over Democrat challenger Dorothea White (survey: 68%, GRNC *). District 4: GRNC-PVF recommends challenger RICHARD SCOTT (survey: 95%, GRNC ****) over Democrat incumbent Angela Bryant (voting record: 22%, GRNC 0). District 11: For this open seat, GRNC-PVF recommends RICK HORNER (survey: 97%, GRNC ****) over Albert Pacer (survey: NR, GRNC 0). District 12: GRNC-PVF recommends incumbent RONALD RABIN (voting record: 100%, GRNC ****) over Democrat challenger Susan Byerly (survey: NR, GRNC 0). District 15: GRNC-PVF recommends incumbent JOHN ALEXANDER (voting record: 100%, GRNC ****) over Libertarian Brad Hessel (survey: 94%, GRNC ****) and Democrat Laurel Deegan-Fricke (survey: NR, GRNC 0). District 16: GRNC-PVF recommends incumbent ERIC WEAVER (survey: 100%, GRNC ****) over Democrat Jay Chaudhuri (survey: NR, GRNC 0). District 17: GRNC-PVF recommends incumbent TAMARA BARRINGER (voting record: 100%, GRNC ****) over Libertarian Susan Hogarth (survey: NR, GRNC 0) and Democrat Susan Evans (survey: NR, GRNC 0). District 18: GRNC-PVF recommends incumbent CHAD BAREFOOT (voting record: 100%, GRNC ****) over Democrat challenger Gil Johnson (survey: NR, GRNC 0). District 19: GRNC-PVF recommends incumbent WESLEY MEREDITH (voting record: 100%, GRNC ****) over Democrat challenger Toni Morris (survey: NR, GRNC 0). District 20: GRNC-PVF recommends challenger BARBARA HOWE (survey: 99%, GRNC ****) over anti-gun Democrat incumbent Floyd B. McKissick, Jr. (voting record: 50%, GRNC 0). District 21: GRNC-PVF recommends challenger DAN TRAVIESO (survey: 99%, GRNC ****) over anti-gun Democrat incumbent Ben Clark (voting record: 25%, GRNC 0). District 22: GRNC-PVF recommends challenger T. GREG DOUCETTE (survey: 99%, GRNC ****) over anti-gun Democrat incumbent Mike Woodard (voting record: 0%, GRNC 0). District 24: GRNC-PVF recommends incumbent RICK GUNN (voting record: 100%, GRNC ****) over Democrat challenger John Thorpe (survey: NR, GRNC 0). District 25: GRNC-PVF recommends incumbent TOM McINNIS (voting record: 100%, GRNC ****) over Democrat challenger Dannie M. Montgomery (survey: NR, GRNC 0). District 27: GRNC-PVF recommends incumbent TRUDY WADE (voting record: 100%, GRNC ****) over Democrat challenger Michael Garrett (survey: NR, GRNC 0). District 28: GRNC-PVF recommends challenger DEVIN R. KING (survey: 100%, GRNC ****) over anti-gun Democrat incumbent Gladys A. Robinson (voting record: 0%, GRNC 0). District 30: GRNC-PVF recommends incumbent SHIRLEY BLACKBURN RANDLEMAN (voting record: 100%, GRNC ****) over Democrat challenger Michael W. Holleman (survey: NR, GRNC 0). District 33: For this open seat, GRNC-PVF recommends CATHY DUNN (survey: 100%, GRNC ****) over Jim Beall Graham (survey: NR, GRNC 0). District 36: For this open seat, GRNC-PVF recommends PAUL R. NEWTON (survey: 100%, GRNC ****) over Robert Brown (survey: NR, GRNC 0). District 37: GRNC-PVF recommends challenger BOB DIAMOND (survey: 96%, GRNC ****) over anti-gun Democrat incumbent Jeff Jackson (voting record: 0%, GRNC 0). District 38: GRNC-PVF recommends challenger RICHARD RIVETTE (survey: 99%, GRNC ****) over anti-gun Democrat incumbent Joel Ford (voting record: 25%, GRNC 0). District 39: For this open seat, GRNC-PVF recommends DAN BISHOP (NC House voting record: 94%, GRNC ****) over Lloyd Scher (survey: 47%, GRNC 0). District 41: GRNC-PVF recommends incumbent JEFF TARTE (voting record: 100%, GRNC ****), who has sponsored pro-gun legislation and been a leader for your rights in the Senate, over Libertarian Chris Cole (survey: 95%, GRNC ****) and Democrat Jonathan Hudson (survey: NR, GRNC 0). District 44: GRNC-PVF recommends incumbent DAVID L. CURTIS (voting record: 100%, GRNC ****) over challenger Nic Haag (survey: 97%, GRNC ****). District 45: For this open seat, GRNC-PVF recommends DEANNA BALLARD (survey: 100%, GRNC ****) over Art Sherwood (survey: NR, GRNC 0). District 46: GRNC-PVF recommends WARREN DANIEL (voting record: 100%, GRNC ****), who has been a leader for your rights in the Senate, over Anne Fischer (survey: 49%, GRNC 0). District 47: GRNC-PVF recommends RALPH HISE (voting record: 100%, GRNC ****) over Mary Jane Boyd (survey: NR, GRNC 0). District 49: GRNC-PVF recommends challenger WILLIAM MEREDITH (survey: 100%, GRNC ****) over anti-gun Democrat incumbent Terry Van Duyn (voting record: 0%, GRNC 0). District 50: GRNC-PVF recommends JIM DAVIS (voting record: 100%, GRNC ****) over Jane Hipps (survey: NR, GRNC 0). NC HOUSE As above, only contested races are covered. A large number of open seats plus a number of RINOs who voted against gun owners on omnibus pro-gun bill HB 562 make NC House race is critical in 2016. Please note that GRNC-PVF is withholding recommendations for any incumbent who voted against gun owners more than twice in the 18 floor votes for omnibus pro-gun House Bill 562 in the last session. District 3: GRNC-PVF recommends incumbent MICHAEL SPECIALE (recent voting record: 94%, GRNC ***) over Marva Fisher Baldwin (survey: NR, GRNC 0). District 6: For this open seat, GRNC-PVF recommends BEVERLY BOSWELL (survey: 88%, GRNC ***) over Warren Judge (survey: NR, GRNC 0). District 7: GRNC-PVF recommends challenger WILLIAM DUKE HANCOCK II (survey: 81%, GRNC ***) over anti-gun Democrat incumbent Bobbie J. Richardson (voting record: 9%, GRNC 0). District 9: For this open seat, GRNC-PVF recommends GREG MURPHY (survey: 94%, GRNC ****) over Brian Farcas (survey: NR, GRNC 0). District 10: GRNC-PVF recommends incumbent JOHN R. BELL (recent voting record: 100%, GRNC ****) over Evelyn Paul (survey: NR, GRNC 0). District 11: GRNC-PVF recommends Republican challenger RAY MARTIN (survey: 85%, GRNC ***) over Libertarian Brian Lewis (survey: 90%, GRNC ****) and anti-gun incumbent Democrat Duane Hall (voting record: 9%, GRNC 0). (Yes, Lewis had a better survey score by 5%, but is unlikely to have the resources to win.) District 15: GRNC-PVF recommends incumbent PHILLIP SHEPARD (voting record: 93%, GRNC ****) over Dan Whitten (survey: NR, GRNC 0). District 16: GRNC-PVF recommends incumbent CHRIS W. MILLIS (voting record: 100%, GRNC ****) over Steve Unger (survey: NR, GRNC 0). District 18: GRNC-PVF recommends challenger GERALD (JERRY) BENTON (survey: 96%, GRNC ****) over anti-gun Democrat incumbent Susi Hamilton (voting record: 5%, GRNC 0). District 25: GRNC-PVF recommends incumbent JEFF COLLINS (voting record: 100%, GRNC ****) over James D. Gailliard (survey: NR, GRNC 0). District 34: GRNC-PVF recommends challenger BILL MORRIS (survey: 95%, GRNC ****) over anti-gun Democrat incumbent Grier Martin (voting record: 24%, GRNC 0). District 37: For this open seat, GRNC-PVF recommends Republican LINDA HUNT-WILLIAMS (survey: 92%, GRNC ****) over Libertarian Robert Rose (survey: 95%, GRNC ****) and Democrat Randy Barrow (survey: NR, GRNC 0). District 38: GRNC-PVF recommends Libertarian challenger OLEN WATSON III (survey: 96%, GRNC ****) over anti-gun Democrat incumbent Yvonne Lewis Holley (voting record: 9%, GRNC 0). District 46: For this open seat, GRNC-PVF recommends Republican BRENDEN JONES (survey: 92%, GRNC ****) over Libertarian Thomas (Tom) Howell, Jr. (survey: 98%, GRNC ****) and Democrat Tim Benton (survey: NR, GRNC 0). (Yes, Howell had a better survey score by 6%, but is unlikely to have the resources to win.) District 50: GRNC-PVF recommends challenger ROD CHANEY (survey: 100%, GRNC ****) over anti-gun Democrat incumbent Graig R. Meyer (voting record: 17%, GRNC 0). District 51: GRNC-PVF recommends Libertarian challenger JOHN SAULS (previous NC House voting record: 83%, GRNC ***) over anti-gun Democrat incumbent Brad Salmon (voting record: 44%, GRNC 0). District 55: GRNC-PVF recommends incumbent MARK BRODY (voting record: 97%, GRNC ****) over Kim Hargett (survey: 54%, GRNC 0). District 59: GRNC-PVF recommends incumbent JON HARDISTER (voting record: 97%, GRNC ****) over Scott A. Jones (survey: NR, GRNC 0). District 67: GRNC-PVF recommends incumbent JUSTIN P. BURR (voting record: 96%, GRNC ****) over Carson Roger Snyder (survey: NR, GRNC 0). District 69: GRNC-PVF recommends incumbent DEAN ARP (voting record: 94%, GRNC ****) over Gordon B. Daniels (survey: NR, GRNC 0). District 74: GRNC-PVF recommends incumbent DEBRA CONRAD (voting record: 97%, GRNC ****) over Marilynn Baker (survey: NR, GRNC 0). District 82: GRNC-PVF strongly recommends incumbent LARRY G. PITTMAN (voting record: 97%, GRNC ****), who frequently sponsors pro-gun legislation and is a leader for your rights, over Earle Schecter (survey: 63%, GRNC *). District 92: For this open seat, GRNC-PVF recommends Republican BETH DANAE CAULFIELD (survey: 98%, GRNC ****) over Democrat Chaz Beasley (survey: NR, GRNC 0). District 93: GRNC-PVF recommends incumbent JONATHAN C. JORDAN (voting record: 98%, GRNC ****) over Sue Counts (survey: NR, GRNC 0). District 94: GRNC-PVF recommends incumbent JEFFREY ELMORE (voting record: 100%, GRNC ****) over Michael T. Lentz (survey: NR, GRNC 0). District 98: GRNC-PVF recommends incumbent JOHN R. BRADFORD III (voting record: 94%, GRNC ****) over Jane Campbell (survey: NR, GRNC 0). District 104: For this open seat, GRNC-PVF recommends Republican ANDY DULIN (survey: 100%, GRNC ****) over Democrat Peter Noris (survey: NR, GRNC 0). District 105: For this open seat, GRNC-PVF recommends Republican SCOTT STONE (survey: 90%, GRNC ****) over Democrat Connie Green-Johnson (survey: NR, GRNC 0). District 109: GRNC-PVF recommends incumbent DANA BUMGARDNER (voting record: 97%, GRNC ****) over Susan Maxon (survey: NR, GRNC 0). District 113: For this open seat, GRNC-PVF recommends Republican CODY HENSON (survey: 92%, GRNC ****) over Democrat Maureen Mahan Copelof (survey: NR, GRNC 0). District 118: GRNC-PVF recommends incumbent MICHELE D. PRESNELL (voting record: 97%, GRNC ****) over Rhonda Cole Schandevel (survey: NR, GRNC 0). District 119: GRNC-PVF recommends challenger MIKE CLAMPITT (survey: 100%, GRNC ****) over anti-gun incumbent Joe Sam Queen (voting record: 25%, GRNC 0). District 120: For this open seat, GRNC-PVF recommends KEVIN CORBIN (survey: 95%, GRNC ****) over Randy Hogsed (survey: 70%, GRNC **). This message, supporting the candidates listed above, is authorized and paid for solely by the Grass Roots North Carolina Political Victory Fund. Not authorized by any candidate or candidate committee.

Lawsuit In Connecticut Against Remington Et Al Dismissed

A lawsuit brought by some of the families of children killed in Newtown, CT has been dismissed. The lawsuit sought to find Remington, their distributor Camfour, and the dealer Riverview as having been guilty of "negligent entrustment" for selling the Bushmaster AR-15 used by the killer. Superior Court Judge Barbara Bellis found that the claims put forth by the plaintiffs did not meet one of the six exceptions found in the Protection of Lawful Commerce in Arms Act. She issued her ruling on this past Friday afternoon.

The basis of the lawsuit was on the legal theory of negligent entrustment. That is, did the defendants give, sell, or "entrust" their product knowing full well that it would be misused or had the high potential to be misused. An example of negligent entrustment would be loaning your car to a friend to pick up some more beer when you knew he had been drinking. In this case the plaintiffs argued that an AR-15 was so dangerous and so "assaultive" that it should never have been sold to "civilians".

In determining her decision, Judge Bellis examined whether the actions of the defendants constituted negligent entrustment under Connecticut state law and then pursuant to the PLCAA. After first examining the history of negligent entrustment and relevant court cases both in Connecticut and outside of it, she first concluded that the actions of Remington and their fellow defendants did not give rise to negligent entrustment.

In the present case, the plaintiffs allege that the defendants' entrustment of the firearm to the respective entrustees was negligent because the defendants could each foresee the firearm ending up in the hands of members of the an incompetent class in a dangerous environment. The validity of the argument rests on labeling as a misuse the sale of a legal product to a population that is lawfully entitled to purchase such a product. Based on the reasoning from McCarthy, and the fact that Congress has deemed the civilian population competent to possess the product that is at issue in this case, this argument is unavailing. To extend the theory of negligent entrustment to the class of nonmilitary, nonpolice civilians - the general public - would imply that the general public lacks the ordinary prudence necessary to handle an object that Congress regards as appropriate for sale to the general public. This the court is unwilling to do.

 Accordingly, because they do no constitute legally sufficient negligent entrustment claims pursuant to state law, the plaintiffs' negligent entrustment allegations do not satisfy the negligent entrustment exception to PLCAA. Therefore, unless another PLCAA exception applies, the court must grant the defendants' motion to strike.

McCarthy, which Judge Bellis references, was a case brought by Carolyn McCarthy against Olin for selling Black Talon cartridges. Her husband's murderer had used these Winchester cartridges in his killing spree on the Long Island Railroad. The McCarthy case was dismissed under the PLCAA.

Though Judge Bellis did not need to consider whether the defendants' actions constituted negligent entrustment under the narrower definitions set forth by the PLCAA given they failed to meet the broader standard set under Connecticut state law, she did so in the "interest of thoroughness" and to provide further support for her decision.

After examining the plaintiffs' case in the light of the more limited definition of negligent entrustment, Judge Bellis concluded that the immunity provided by the PLCAA prevailed. She also examined the plaintiffs' argument that the Connecticut Unfair Trade Practices Act allowed them to bring this action as an exception to PLCAA due to a violation of a state statute. This, too, was dismissed.

Although PLCAA provides a narrow exception under which plaintiffs may maintain an action for negligent entrustment of a firearm, the allegations in the present case do not fit within the common-law tort of negligent entrustment under well-established Connecticut law, nor do they come within PLCAA's definition of negligent entrustment. Furthermore, the plaintiffs cannot avail themselves of the Connecticut Unfair Trade Practices Act (CUPTA) to bring this action within PLCAA's exception allowing lawsuits for a violation of a state statute applicable to the sale or marketing of firearms. A plaintiff under CUPTA must allege some kind of consumer, competitor, or other commercial relationship with a defendant, and the plaintiffs here have alleged no such relationship.

For all of the foregoing reasons, the court grants in their entirety the defendants' motions to strike the amended complaint. 

Judge Bellis' opinion ran to 54 pages. I surmise that one of the reasons she took so much time to lay out her arguments for approving the motion to strike is so that it will withstand scrutiny by an appeals court. The plaintiffs' have vowed to appeal this ruling.

As might be expected, this ruling was attacked by both Hillary Clinton and the gun prohibitionist lobby. Clinton quickly released a tweet saying it was "incomprehensible that our laws could protect gun makers over the Sandy Hook families. We need to fix this." Robyn Thomas of the Law Center to Prevent Gun Violence (sic) attributed the decision to "the gun lobby's destructive grip on Washington." Lest anyone forget, the Protection of Lawful Commerce in Arms Act was enacted in 1995 as a response to multiple municipal lawsuits seeking to destroy the firearms industry through litigation. It also provides only limited immunity and not a blanket immunity against negligence.