Author: Kevin

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Here’s Some Good News!

(Also via KeepandBearArms.com)

I posted on the story back in November about Australian Chris Packer’s arrest in Indonesia for “illegal possession of firearms” when Indonesian police, acting on a tip, stopped and searched his boat and found several firearms aboard – firearms that he’d previously used against pirates.

Yes, pirates. They still exist, and they prey on boats like Packer’s.

Well, the good news is, he’s been released (registration required – use BugMeNot):

Australian yachtsman released

Australian champion yachtsman Christopher Packer was released yesterday from prison in Bali after three months in custody for firearms offences.

A delighted Mr Packer said he would be celebrating on his boat.

Beaming and dressed in shorts and a white polo shirt, Mr Packer was accompanied by his girlfriend Gianna Maria Botto and two defence lawyers as he left Denpasar’s notorious Kerobokan prison.

He got into a black four-wheel drive and headed for his converted freighter Lissa, which has been impounded at Bali’s Benoa harbour since his arrest last November.

Arriving at the harbour, Mr Packer relaxed with a can of VB beer and a glass of Australian white wine with his lawyer Mohammad Rifan, but said nothing about his immediate plans.

Beer and wine?

Philistine!

He said he would have to stay on board his 55-metre vessel for the time being, as his Indonesian visa had run out and he was unable to celebrate his release on shore.

“It’s almost free. It suits me fine,” he said

Denpasar District Court on Friday handed the millionaire Sydney to Hobart and Admirals Cup sailor a three-month sentence for failing to declare a stash of firearms.

With time served, he was due for release later today.

Judges also ordered the return of Lissa and his weapons, which Mr Packer said he kept to fend off pirate attacks.

The court decided Mr Packer, 52, of Peppermint Grove in Perth, had not been a gun runner – an offence carrying the death penalty.

Mr Packer was on a round-the-world cruise when he was stopped by Indonesian marine police last November as he attempted to leave Indonesian waters.

Police impounded Lissa to inspect it for drugs and firearms after receiving a tip-off from an informer, believed to be a disgruntled former crewman employed by Mr Packer.

They found around 2700 rounds of ammunition and six New Zealand-registered firearms, including a Ruger semi-automatic rifle, two pump-action shotguns, a revolver and automatic pistol, and an antique rifle.

Mr Packer said he could not say when he would leave Bali.

“The boat is ready. As soon as the crew all arrive and the paperwork is all done and the guns are returned, any time,” he said.

Asked if there was anything he would miss about his former prison home, he said only the regular tennis matches with the inmates.

He thanked his family for their support.

Tennis matches at the “notorious Kerobokan prison”? Hasn’t lost his sense of humor, obviously. And I’m glad he’s getting his guns back. That’s a lucky man. Being rich didn’t hurt either, I’m sure.

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You Can’t Do That! You’re Not Qualified!

(Via KeepandBearArms.com)

It seems that some Oklahomans understand the concept of Sir Robert Peel’s Seventh Principle of Modern Policing:

Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

But some members of the police have forgotten the Third Principle:

Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.

Here’s the whole story as reported by ChannelOklahoma.com (see the “fair use” declaration at the bottom of this webpage, if you’re interested.)

911 Call Reveals Woman’s Struggle With Purse Thief
Woman Held Suspect At Gunpoint Until Police Arrived

POSTED: 1:52 pm CST February 17, 2005
UPDATED: 5:22 pm CST February 17, 2005

OKLAHOMA CITY — Oklahoma City police released a 911 recording Thursday that reveals a dramatic struggle following an attempted purse-snatching in south Oklahoma City.

Barbara Gesell, 83, had just pulled into her garage when a man ran inside her garage and grabbed her purse, which has hanging across her shoulder. A suspect, Robert Campbell, was arrested shortly afterward on suspicion of attempted robbery.

Police said the story might have ended differently if Gesell’s daughter, Theresa Gesell, had not taken action.

According to police, Theresa Gesell ran behind Campbell and tried to catch him when he ran from the scene. While she was chasing the suspect, she called 911.

“A man has attacked us in our house, and we are fighting him in the yard,” Theresa Gesell said to the 911 dispatcher.

As the struggle moved down the street, a neighbor — whom Theresa Gesell identified as “Hershall” — stopped to help. Theresa then grabbed her .45-caliber pistol and continued running after Campbell — despite the dispatcher’s plea for her to drop the handgun.

“I am going to go get my .45 … you all are too slow,” she said.

This is where the agent of the State tells the peon, “You can’t do that, you’re not qualified!” Ms. Gesell’s response is a classic!

As the call continues, the dispatcher asks Theresa to get rid of the weapon. However, after the suspect tried to escape along a creek bed, Theresa and Hershall used the pistol to make sure he didn’t leave.

“You can go put that gun up now,” the dispatcher said.

“Please – you might injure yourself because you’re not an authorized agent of the State! Besides, your actions illustrate that YOU are responsible for your own protection, and we can’t have that!”

“No sir,” Theresa replied. “We have the gun pointed at him … he must have been a city fellow because he didn’t know anything about the woods.”

Seconds later, police arrived and arrested Campbell. With Hershall’s help, the Gesells retrieved Barbara’s purse.

Campbell is currently housed in the Oklahoma County Jail. He is expected to be charged with assault and attempted robbery.

And Ms. Gesell, who didn’t have to shoot anybody, won’t be charged either. A .45 eh? No wussy 9mm Europellet for THAT Oklahoman!

For Those Who Could Not See the CNN Video,

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They have a transcript up. Here’s the pertinent parts as I see it:

(CNN correspondent Drew) GRIFFIN: To buy a gun, even a .50-caliber gun, this huge gun, you just need to go to your computer and click on one of the biggest classified gun sites, which, in our case, is GunsAmerica.com, AK-47s, shotguns, pistols, all kinds of rifles.

But we wanted to buy was the biggest caliber rifle you could possibly buy. And that’s this category right here, big .50-caliber rifles. This is the gun that is now banned in California. And on this Web site, we have about three dozen of them for sale. But what we’re looking for is one that is not being sold by a dealer.

See, where it says federal licensed firearm dealer? We are trying to find one that’s being sold by just a private citizen. This is actually the gun we bought. When you finally find the gun you want on this Web site and you’re dealing with a private party, you just give him your e-mail and you send him a note. “Let’s set up a meeting. I’m paying cash.” And the next thing you know, we’re going to buy our gun.

(voice-over): But before I shelled out $2,500 to buy this gun, I wanted to make sure I could buy ammunition. That turned out to be as easy as ordering flowers. With just a couple of clicks on my computer, I ordered and paid by credit card for 50 .50-caliber armor- piercing rounds.

They were delivered in a week, shells as long as my hand delivered, no questions asked, by UPS. I could have even bought tracer rounds, if I had wanted. Now it was time to get the gun.

(on camera): What we’re about to do is perfectly legal in dozens of states where cash-and-carry is the rule, a private seller, a private buyer. There will be no background check, no government waiting period, no government paperwork at all. In fact, the only paper that will change hands is the money we use to buy our .50- caliber rifle.

(voice-over): The transaction at a house in suburban Houston took about 20 minutes. We walked out with a case holding the gun critics say is the perfect terrorist weapon, a brand new .50-caliber with scope, bipod and directions. We flew home.

Guns are checked as baggage. And when the bags arrived for our flight, I simply picked it up and left.

—

(Paula) ZAHN: But it was remarkable to watch you do this transaction in about a 20-minute period. Now, we should make it clear you went to a private seller.

GRIFFIN: That’s right.

ZAHN: To purchase this gun. Why?

GRIFFIN: On the Internet, you learn all the new nuances and all the loopholes of buying a gun. If I bought that through a licensed dealer, I’d have to clear a background check. I would have to show proof of age, proof of residency. By going through a private seller, private seller, private buyer, it’s strictly a cash transaction. We made sure that the two, the buyer and the seller, were in the same state. And after that, cash and carry.

ZAHN: Isn’t that astonishing to you?

GRIFFIN: It was to me. I’m not a gun person. I’ve never bought a gun before in my life. And to see how easy this was to do and how easy it was, even easier, to get these armor-piercing bullets, it was incredible.

It certainly sound to me like a straw-purchaser bought a .50 for Griffin, using CNN’s money, and then Griffin took possession and transported that weapon by air back to Atlanta. That’s two felonies, as I see it.

It would appear, then, that Griffin didn’t “learn all the nuances” of buying a gun legally.

One more time, where’s the BATF?

UPDATE: After reading around, it appears that I am mistaken. Only ONE felony. Having a local buy for you from a dealer constitutes a “straw purchase.” Having a local buy for you from an individual does not, since there is no Form 4473 involved.

However, transporting the weapon interstate is a felony if it was not transferred through a licensed dealer using a Form 4473. So only ONE felony, apparently.

Isn’t the law wonderful?

Another thought: Wouldn’t it be interesting if someone more web-savvy than I am could figure out who the seller was and interview him about the details of the sale? (Though I wouldn’t want the guy to incriminate himself, it sounds as though he was an innocent party doing a perfectly legal sale.)

More on CNN’s Crusade Against the .50

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CNN had a piece in October 1999 when House Democrats (who else?) tried to pass legislation restricting access to .50 BMG rifles. Entitled Is the .50-caliber rifle a gun for soldiers or civilians? (my answer is “yes,”) it details the range and destructive power of the gun and its ammunition, with all the requisite buzzwords. Excerpts:

The .50-caliber rifle can be purchased at many American gun stores, with fewer restrictions than handguns.

Considering that they’re huge and heavy, so what?

Also available — armor-piercing incendiary .50-caliber ammunition — millions of rounds that the Pentagon paid an ammunition manufacturer to take off its hands. More than 100,000 rounds have made their way to the civilian market where, according to a General Accounting Office investigation, they are incredibly easy to obtain.

None of which have been used in a crime.

Now, here’s my favorite part. There’s a link to click to for “Facts about the .50 Caliber Rifle.” Here they are, in order:

50-CALIBER RIFLE IS DEADLY ACCURATE AT A RANGE OF 1600 YARDS – EQUIVALENT OF 16 FOOTBALL FIELDS. IT CAN FIRE WITH SOME EFFECTIVENESS AT TARGETS THREE TO FOUR MILES AWAY.

Assuming the guy behind the trigger is extremely skilled. Shooting at something 1,000 yards away is a lot tougher than it sounds. The rifle and its ammunition are important, but the skill of the shooter is the essential part.

IN THE GULF WAR THE .50-CALIBER RIFLE WAS USED TO DESTROY IRAQI ARMORED VEHICLES AND ARTILLERY.

Disable. Not “destroy.” Bombs “destroy.” Missiles “destroy.” A 1/2″ hole in an engine block “disables.”

THE .50-CALIBER RIFLE WEIGHS 28 OR MORE POUNDS.

Or less. Some of the single-shot versions aren’t quite that heavy, but suffice it to say, you won’t be toting it under a trench coat to rob the local Quickee-Mart.

THE .50-CALIBER RIFLE COSTS $2,500 AND UP.

Some less, used. Though if the effort to ban them continues, we’re going to see those prices climb again.

LOADED WITH ARMOR-PIERCING AMMUNITION, THE .50-CALIBER RIFLE FIRES EASILY FROM 100 YARDS THROUGH THREE-INCH THICK BULLET-RESISTANT GLASS. IT CAN PIERCE A THREE-AND-A-HALF INCH MANHOLE COVER AND A 600-POUND SAFE. IT ALSO CAN PENETRATE THE ONE-INCH PLATING USED ON ARMORED VEHICLES.

You know, I wondered where Teddy Kennedy got his info when he stood before the Senate and said, “Another rifle caliber, the 30.30 caliber, was responsible for penetrating three officers’ armor and killing them in 1993, 1996, and 2002. This ammunition is also capable of puncturing light-armored vehicles, ballistic or armored glass, armored limousines, even a 600-pound safe with 600 pounds of safe armor plating.” It’s obvious! He watches CNN! I find it fascinating that the people most fearful of the ability of the .50 to penetrate armored vehicles are our elected officials. Who ride around in armored vehicles.

2000 PEOPLE ARE MEMBERS OF THE .50-CALIBER SHOOTERS ASSOCIATION. THEY SHOOT THIS WEAPON AT LONG DISTANCE TARGETS FOR SPORT.

See? Just 2,000 people. We can violate their rights. Nobody will care. They’re just gun-nuts anyway.

UNDER FEDERAL LAW, YOU CAN BUY A .50-CALIBER RIFLE AT A GUN STORE AS LONG AS YOU ARE 18 YEARS OF AGE AND PASS A BACKGROUND CHECK. A FEW STATES HAVE MORE STRINGENT REQUIREMENTS.

And have $2,500 and can carry 28 lbs plus ammo.

THIS MUST BE STOPPED!

A USED .50-CALIBER RIFLE CAN OFTEN BE PURCHASED WITH NO BACKGROUND CHECK AT ALL.

But if you’re going to do it, you should try to do it IN YOUR STATE OF RESIDENCE, else you’re committing a felony.

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Can We Blogswarm This?

Jed at Freedomsight found an interesting story. It seems that CNN, in an attempt at exposing the horrible dangers of .50 BMG rifles just committed at least one, and possibly more than one felony. Apparently they purchased a .50 in a private-party transaction from a person in another state. In fact, they might have done it by straw-purchase – that is, they had someone local buy it for them. Those are no-no’s. FEDERAL no-no’s, unless the purchaser has a Federal Firearms License.

Triggerfinger has done a bit of digging on the laws broken, and has four five posts up on it, here, here, here, here and here. The last one is a description of the video.

(Edited to add:) Matthew at Triggerfinger looked up the pertinent law in the second link above. This is what the reporter did that was illegal:

Here’s the plain-language explanation, from the ATF’s FAQ:

From whom may an unlicensed person acquire a firearm under the GCA?

A person may only buy a firearm within the person s own State, except that he or she may buy a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides.

So the short answer is, you can buy a firearm out of your state of residence from a licensed dealer only. CNN’s story involves a private sale; they make an explicit point of that in their voiceover.

Please do read all of the links. (End of edit.)

David Codrea has picked it up, too. The story origininated at The Claire Files message board with a post by “kbarrett” that goes:

It looks like CNN aired a spot this evening of one of its own reporters finding a .50 cal rifle on Gunsamerica.com for sale by a private owner in Houston, and then flying to Houston, paying cash, and then flying with said rifle back to Atlanta.

Where’s the kitten-stomping BATF when you really need them? I think a reporter needs to be busted.

UPDATE: WELCOME INSTAPUNDIT READERS. While you’re here, please peruse the “Best Posts,” would you? Most especially, read The Lying “News” Media, Part II, which is a transcript of a previous CNN hit piece on “assault weapons.” Decide for yourself if CNN was hoodwinked by Broward County (FL) Sherrif Ken Jenne, or if reporter John Zarella and his producer were complicit in airing a misleading and deliberately mendacious piece of “journalism.”

UPDATE 2/21: CNN has a transcript of the story up. Looks like two felonies to me.

UPDATE 2/22: The BATF is aware of the violation.

KevinLeave a comment

Another Example of Gun Bigotry Due to Paranoia

Matt at Stop the Bleating (added today to the blogroll, among others) gives his explanation of why he got his Virginia CCW permit. Read it, it’s a good story. But most definitely read the comment by “Anonymous” (big surprise). Here’s the money quote:

Would a gun, in that circumstance, make me feel safer? You know, it might. Only on an instinctual level though; rationality does not lead me to the conclusion that I should go out and get a concealed carry license. I feel much less safe knowing that there are nascent psychos out there who could whip out a gun at any time. I’d feel much safer knowing the only people with guns are the cops and the occasional hardened criminal downtown that I’ll rarely, if ever, encounter anyway…not my next door neighbor and their uncle who happens to have a bad temper and…no pun intended…a hair trigger.

There it is, in one nice, neat package. People who want to (legally!) get a CCW permit are “nascent psychos.” Only authorized agents of the State are qualified to carry, and as long as Joe Average is prohibited from having a gun (which will apparently make him psychotic) she need only fear “the occasional hardened criminal.”

“Rationality”? Complete reality disconnect.

The responses to “Anon” are worth the read, too. Especially Matt’s.

Hat tip: Hell in a Handbasket.

Related post: Fear