Spread This Alert Far and Wide.

I’ll give our opposition this: they never cease trying to find new ways to accomplish their ends. Latest up, the Occupational Health and Safety Administration (motto: “Protecting Stupid People from Themselves Since 1972”). According to the National Shooting Sports Foundation:

Proposed OSHA Regulation Threatens
Firearm and Ammunition Industry

The Occupational Safety and Health Administration (OSHA), the government agency charged with assuring the safety and health of America’s workers, is proposing a regulatory rule affecting the manufacturing, transportation and storage of small arms ammunition, primers and smokeless propellants.

As written, the proposed rule would force the closure of nearly all ammunition manufacturers and force the cost of small arms ammunition to skyrocket beyond what the market could bear—essentially collapsing our industry. This is not an exaggeration. The cost to comply with the proposed rule for the ammunition industry, including manufacturer, wholesale distributors and retailers, will be massive and easily exceed $100 million. For example, ammunition and smokeless propellant manufacturers would have to shut down and evacuate a factory when a thunderstorm approached and customers would not be allowed within 50 feet of any ammunition (displayed or otherwise stored) without first being searched for matches or lighters.

NSSF and SAAMI have already had a preliminary meeting with OSHA officials to begin the process of explaining to them the major problems this proposed rule presents for all levels of the firearms and ammunition industry. Furthermore, NSSF and SAAMI are each seeking a 60 day extension of the public comment period (currently scheduled to expire July 12).

NSSF is urging all retailers to contact OSHA directly and request a 60-day extension of the public comment period. Retailers should inform OSHA that the proposed rule constitutes a “significant regulatory action” as defined in Executive Order 12866 (1993) Section 3(f)(1) in that it will clearly “adversely affect in a material way” the retail sector of the firearms and ammunition industry, productivity, competition and jobs and that the annual compliance cost for all retailers of ammunition will far exceed $100 million dollars.

Click here for a template letter. If you choose to draft your own letter, the reference line must read as follows:

RE: Docket No. OSHA–2007–0032
Request to Extend Public Comment Period and Request for Hearing on
“Significant Regulatory Action” as Defined in Executive Order 12866

Please fax the letter to: 202-693-1648 (include the docket number and Department of Labor/OSHA on the cover sheet and in the reference section of your letter).

Please e-mail the letter by visiting: http://www.regulations.gov and following the submission instructions.

(h/t Michael Bane Blog) I did a search for this Docket Number on the Regulations.gov website and found no reference to it, but I’m still going to cover my bases and send a damned letter.

The Latest on Crime in that Petri Dish I Like to Call Britain

First, there’s this:

Gun and Knife Murders Out of Control

Gun and knife killings are getting out of control as six Londoners were murdered over the past week and one child is stabbed to death each week, anti-crime campaigners warned.

Local communities were being blighted by run-away violence as gang members who believe they are “untouchable” carry guns and weapons as a matter of routine to carry out crimes and to settle scores.

Now as a matter of “urgency,” police should carry out random and targeted stop and search to catch weapon wielding thugs backed up with the introduction of a mandatory five year prison sentence for those carrying illegal knives – the same penalty as carrying guns.

Last Sunday Lee Ryner, 30, was stabbed in Romford. Then father of three Ken Hong, 38, died of his injuries after being thrown from his car as he tried to stop a car thief in Streatham on Wednesday.

Two days later Brazilian Carlos Moreno, 23, was gunned down as he arrived outside a friend’s home in Acton on Friday evening.

Hours later Mikey Brown, 24, was stabbed to death during a row in a nightclub in Kinsgston at 2am on Saturday morning, and four hours later 17-year-old Annaka Pinto was shot dead during another row in an Tottenham club.

Then just before midnight on Saturday a 16-year-old was stabbed to death in a gang clash in Beckenham.

Victims of Crime Trust director Norman Brennan said Britain was quickly gaining a reputation as being one of the most violent countries in the Western world, scarring communities and leaving millions in fear of crime.

Now he urged tougher action to stamp out the spiralling violence, claiming the Government has failed to uphold its pledge to make Britain’s street safer.

He said: “In the past six days there have been three people stabbed to death, two people shot dead and one father fatally injured when he was run over by his own car whilst trying to prevent it from being stolen.

“A child is stabbed to death on the streets of Britain every week and knife homicides out number gun homicides by three to one. If these measures were introduced it would greatly reduce knife crime and consequently save lives.

“I believe that the government who came into power with the slogan ‘tough on crime, tough on the causes of crime’ have failed to deliver on their promises to make the streets of Britain safe.

“We have many individuals and gang members that carry guns and knives as a matter of routine to commit crime and protect themselves and their turf, believing that they are untouchable.

“Unless we can change this attitude and trend, senseless murders will continue unabated and the widespread fear of crime will continue to be controlled by such individuals.”

“Each murder affects on average three hundred people. Murders committed in various parts of the country or particularly within a close radius of each other have a ricochet affect and dramatically increase fear within communities.”

He added although government figures show a small reduction in gun related crime, it is under reported and has to be viewed against “unprecedented” high levels of knife and gun crime over the last five years.

Although the Trust welcomed the fact the majority of murders leads to an arrest and conviction, prevention is a better cure it said.

Mr Brennan said: “There are currently 270 recorded firearm related offences committed on the streets of Britain every week.”

Wow. 270 firearm related offenses recorded every week in a country with full firearm registration, and bans on semi-automatic long guns over .22 caliber, pump-action rifles and shotguns, full-auto weapons, and all handguns.

I wonder how many aren’t recorded. Because next we have this:

Government figures ‘missing’ two million violent crimes

By David Barrett, PA Home Affairs Correspondent
Published: 26 June 2007

An extra two million violent crimes a year are committed in Britain than previously thought because of a bizarre distortion in the Government’s flagship crime figures, it was claimed yesterday.

A former Home Office research expert said that across all types of crime, three million offences a year are excluded from the British Crime Survey (BCS).

The poll caps the number of times a victim can be targeted by an offender at five incidents a year.

If anyone interviewed for the survey says they have been targeted more than five times a year, the sixth incident and beyond are not included in the BCS.

The authors of a report by think-tank Civitas said the five-crimes limit is ” truly bizarre” and “misleading”.

Professor Graham Farrell of Loughborough University and the former acting head of the Home Office’s Police Research Group, Professor Ken Pease, calculated that if the cap is ignored, the overall number of BCS crimes is more than 14 million rather than the current 11 million a year estimate.

Violent crime is 82 per cent higher at 4.4 million offences compared with 2.4 million in the BCS, the survey claims, including a 156 per cent rise in ” acquaintance violence” from 817,000 incidents to 2.1 million.

Domestic violence is 140 per cent higher, up from 357,000 incidents a year to 857,000, the authors said, while there are nearly three million common assaults a year rather than the 1.5 million estimated by the BCS, a rise of 98 per cent.

Burglary is 20 per cent higher than currently estimated, at 877,000 a year, and vandalism is 24 per cent higher, the report calculated.

Robbery is 7 per cent up on the official estimates, or an extra 22,000 crimes bringing the yearly total to 333,000.

“If the people who say they suffered 10 incidents really did, it is capping the series at five that distorts the rate,” the authors said.

“It is truly bizarre that the victimisation survey, based as it is on the assumption that people will by and large tell the truth about what happened to them, … suddenly withdraws its trust in their honesty when what they are told does not chime with their own experience.

“Yet the reality is that some people are very frequently victimised, and that frequent victimisation is what they suffer rather than being an invention or exaggeration.”

The cap of five crimes for repeat victims has operated ever since the inception of the BCS in 1981.

Ministers claim the survey – which now polls 40,000 people a year about their experiences of crime, is the most reliable indicator of crime levels,

The authors said: “The unwillingness to believe the facts of chronic victimisation means that crime control, police training and criminal justice action are now substantially misdirected.”

In particular, the system means that the most vulnerable people in society may not be getting the police protection they require from repeat offenders, the report said.

Meanwhile, the Church of England can’t seem to tell fiction from fact, since it wants a cash settlement from Sony for… Well, you read it:

Church wants cash for ‘sick’ game

LONDON, England (CNN) — Entertainment giant Sony has been branded irresponsible for using a cathedral from a city plagued by gun crime in a violent video game.

The Church of England says the company did not seek permission to use the Manchester Cathedral in the game, and is demanding an apology and a large donation to be used in its work with young people.

Church leaders have accused Sony of the “desecration” of the cathedral after the firm set the top-selling the new PlayStation 3 game, “Resistance: Fall of Man,” in the place of worship.

The game, which has sold more than one million copies, sees a virtual shoot-out between humans and gun-toting aliens with hundreds killed during a battle inside the cathedral.

Sony has been criticized for choosing Manchester — a city where gun violence is rife, and has left tens of youngsters dead. Every year a candlelit memorial services is held in the Manchester Cathedral in honor of people who have been killed by guns.

The Dean of Manchester Cathedral, The Very Revd. Rogers Govender, said Monday the use of the cathedral in the game was “beyond belief.”

He said Sony’s product undermined the important work the church did and created an image the church did not want to be connected with.

Church officials, who have described Sony’s move as sick and sacrilegious, met Monday to discuss the next steps in the dispute and draw up a letter of demands to be issued to Sony.

Church leaders want the game removed from shop shelves or modification of the section of the game to remove the Cathedral interior. They also want an apology from the company for using “realistic photo quality” images of its building without permission. Govender said the church would also seek a donation to be used in its work with young people. He did not specify how much the company would be asked to pay.

Govender urged Sony to get in touch with the church within the next few days to discussed the points raised by church leaders, and hoped the two parties would be able to find a “mutually satisfactory conclusion.”

Spokesman for Manchester Cathedral David Marshall told PA the church had received emails in support of its stance against the multinational.

The Bishop of Manchester, the Rt. Rev. Nigel McCulloch, said: “It is well known that Manchester has a gun-crime problem.

“For a global manufacturer to recreate one of our great cathedrals with photo-realistic quality and then encourage people to have gun battles in the building is beyond belief and highly irresponsible.

“Here in Manchester we do all we can to support communities through our parish clergy; we know the reality of gun crime and the devastating effects it can have on the lives — it is not a trivial matter.”

Patsy McKie, from the Manchester-based group Mothers Against Violence, told CNN she was pleased the church was taking action over the game.

In 1999, her 20-year-old son died after he was shot in Manchester.

“We are concerned about the amount of violence in these games,” McKie said Monday. “It’s real for us. We are living the reality here. It’s not just a game.”

It is understood photographers may have visited the Cathedral to take pictures for use in the game, PA said.

During the game players are asked to assume the role of an army sergeant and win a battle.

A spokesman for Sony Japan confirmed to CNN Monday that the interiors depicted in the game were based on the Manchester Cathedral. He said Sony was taking the complaint very seriously and is looking into the matter.

Asked what Sony’s next move would be, a spokesman said on Monday: “We are now in contact with the Cathedral authorities and will be dealing with them directly,” according to a Reuters report.

David Wilson, a Sony spokesman, told The Times: “It is game-created footage, it is not video or photography. It is entertainment, like Doctor Who or any other science fiction. It is not based on reality at all.

“Throughout the whole process we have sought permission where necessary.”

This is a profoundly fvc!ed up culture. And gun control activists want us to follow their lead! We don’t need to get any more fvc!ed up than we already are. I prefer our culture where elderly restaraunt patrons can defend themselves, and fathers can defend their daughters rather than one where a shopkeeper gets fined (and could have gotten a prison sentence) for doing what used to be his civic duty.

Yes, we’re both violent, but they’re fvc!ing insane.

Always Blaming the Wrong (but EASY) Target.

Via No Looking Backwards, Bruce reprinted this entire op-ed from the Boston Herald, published after the death of an eight year-old boy at the hands of his seven year-old cousin with a firearm. It’s that good, and (as Bruce points out) the piece will vanish into the Herald‘s archives soon, but it ought to be available to everyone – especially anti-gun advocates like Robyn Ringler – so I’m going to republish it, too. “Fair Use” I think applies here:

Mayor’s tirade again is way off-target
By Michael Graham
Thursday, June 28, 2007

It’s “hugs for thugs” from Menino and nasty notes to the NRA and Congress.

Two little boys, looking forward to starting second grade.

Two excellent readers, always ready to laugh, and with little sisters who sometimes annoy them.

Two little boys with relatives who own guns and know how to use them.

One of these boys I know only from media reports and his heartbreaking picture in the Boston Herald.

But the other boy I know very well. His name is Galen, and he’s my son.

As Galen’s dad, the scene that haunts me from the tragic life and criminal death of Liquarry Jefferson is this: It’s 11 o’clock on a Sunday night, and four children – ages 15, 8, 7 and 2 – gather around a loaded handgun without a parent in sight.

Forget the gun for a moment. What the heck is a 2-year-old doing up and about at 11 p.m.? My 7-year-old son wouldn’t be able to con himself into a round of Candyland at that hour, much less a game of “Give The Glock To The Unattended First Grader.”

Mayor Tom Menino’s reaction to Liquarry’s death has proven to every Boston parent that he just doesn’t get it. He comforted the so-called “family” and assaulted the National Rifle Association.

Blaming the NRA for the death of Liquarry Jefferson is like blaming the American Cutlery Institute for the O.J. Simpson murders. Even the most ardent gun control advocate must admit that, for most of little Liquarry’s life, the least of his worries was the state of America’s gun laws.

Liquarry’s world consisted of an unwed mother who is also a repeat, violent offender; a convicted killer for a father; a 15-year-old half-brother already busted for gun possession – the son of a convict who recently beat a murder rap; various siblings from sundry fathers; and a community that looked at this dysfunctional mess and thought nothing of it.

That’s the family Mayor Menino visited and offered comfort to. That’s the family that social worker Nia Sue Mitchum described as “beautiful – she’s a good mother.”

If that’s a good family, could someone in the mayor’s office please tell me what it takes to be a bad one?

The mayor doesn’t want to talk about the reckless, outrageous and (in my opinion) criminally negligent behavior of this shabby gang. Instead, it’s “hugs for thugs” from Menino and nasty notes to the NRA and Congress.

Like most responsible parents, I know that if I had allowed my son to get shot in my home this way, the public official most likely to show up would be a police officer. If I left Galen alone with a gun, my neighbors wouldn’t comfort me. They would condemn me.

Claiming, as the mayor does, that Liquarry was killed by lax gun laws is an insult to every parent in Massachusetts, regardless of whether he or she owns guns.

Every day, moms and dads from Dorchester to Duxbury make hard decisions and tough sacrifices for their children. Some work two jobs. Others do what my wife has done and set aside successful careers to raise their children.

You could fill these parents’ homes with enough guns to stock a tax evader compound in New Hampshire, and still those children would be safely in bed at 11 p.m. Sunday.

Yelling about a “war on guns” is easy. That’s why the mayor does it. Holding the citizens of Dorchester responsible for the community they’ve created is hard. But it’s got to be done.

Liquarry and other children like him deserve it.

Amen. Couldn’t have said it better myself. Thank you very much for saying it, Mr. Graham, and thanks to the Herald for publishing it.

Ignorance = Fear. Education is the Key.

(h/t, Pierre Legrand)

Another article about someone who has considered the facts, all the facts, and made up their own mind:

The Way Of The Gun

A Gay Liberal Explores Ohio Gun Culture By Taking Matters – And Weapons – Into His Own Hands

By Brian Thornton

In a nondescript business complex off Interstate 77 in Broadview Heights, across the street from Radio Disney and a block away from a daycare, I’ve got my hands wrapped around a piece, finger on the trigger. When I awoke this morning, my irrational anxieties led me to dress as heterosexually as possible. After all, what do you wear to your first time at the range? I’ve chosen jeans, an orange ringer T and a green zip-up sweatshirt, a combination seemingly straight enough to pull off this charade.

To my right, in the next stall, a weapon fires powerfully, a sound that pierces through both my headphones and earplugs. I have no idea if the comically small revolver I’m gripping will create the same blast, but I’m about to find out. With my feet spread wide and arms rigidly stretched forward, I — a show tune-loving, Democrat-voting homosexual — am mere seconds from pulling the trigger on this instrument of death, something I vowed I would never do.

This is something I see a lot – the vow “never to touch a gun” or something similar. The only reason I can see for it is that such a vow makes the person feel somehow morally superior to those who are willing to defend themselves and others. It’s an idea I’ve never been able to fathom, because these same people hold police officers – people by definition willing to kill in the defense of others – in high esteem.

It’s one of those psychological conundrums I’ve recognized, but never been able to comprehend.

Yet here I am. The gun’s hammer is cocked back, my eyes are fixed on the target downrange, instructor Jim is standing expectantly over my left shoulder, and the time has come for me to fire this .22.

How the hell did I get here?

IT BEGAN WITH A BURGLARY — or rather, a third burglary.

My friend David, a resident of Ohio City, had just been burglarized for the third time in less than two years. The first time, a thief made off with $1,500 worth of electronics. The next night, the same burglar returned — while David was home. And then, in January, an intruder disabled his alarm system, broke a window and burglarized him once again.

A few days later, I joined him for our weekly American Idol date, and we began talking about safety.

“I’ve considered getting a gun,” he said.

I was stunned. My PETA-supporting friend, who buys fake leather and feeds neighborhood cats, had thought about owning a firearm.

“It’s the first time it entered into my mind that a gun might make me safer,” he said.

Over the past two years, my circle of friends has faced a mini crime wave on Cleveland’s West Side. In addition to David’s break-ins, I’ve had my car stolen, two friends were mugged, one was carjacked, and two others had their cars taken. Would we all be safer if we were packing heat?

If you listen to pundits, Ohio is the land of God, guns and gays — at least during election years. As an agnostic, liberal gay man, most days my beliefs fall on the losing side of polls in the state. Guns, in particular, confound me — why would anyone want to own a device whose purpose is to kill? In fact, handguns terrify me so much that when my cop friend Mike arrives with his loaded service weapon, I get nauseated.

This too, is common.

What is it with the fear of an inanimate object? “Why would anyone want to own a device whose purpose is to kill?” There are two reasons: One, to coerce others into doing what you want by the threat of deadly force, and Two, to convince others to leave you and yours alone by the same method. You’ll note that pretty much anything can be a “device whose purpose is to kill” if the hand wielding it is attached to a mind with that intent. A rock, a knife, a crowbar, and a baseball bat will do quite well as instruments of coercion. What a firearm brings is the ability to coerce from a distance, and the ability to give the physically weak the same coercive power as the physically strong.

Why would anyone want to own a device whose purpose is to kill? You just answered your own question: To STOP those who would take what was yours, be it material items, your health, or even your life.

Why is it so hard for so many to understand this?

So if I wanted to seriously understand gun culture in Ohio, I had only one choice: I was going to have to push through my fears, load a firearm and pull the trigger.

Bravo, sir, for not only reaching that conclusion, but also carrying through with it.

GUNS WERE NEVER PART of my youth, despite growing up in a military family. My father hunted as a teenager; his .22-caliber rifle still resides somewhere in my aunt’s house in Iowa. But after a neighbor’s child pointed a loaded handgun at my mother’s stomach when she was pregnant with my sister, she banned firearms from the house. So I was going to need to take wee steps in my exploration of gun culture.

My first stop, obviously, was Wal-Mart. In addition to charges of illegal labor practices and bad press from groups that claim the chain drives family companies out of business, Wal-Mart has faced criticism in recent years for selling firearms. But the company has scaled back its gun sales, and after fruitless stops in Avon, Streetsboro and Kent, a sales associate directed me to Middlefield, the only store in the area, she claimed, that still sold firearms.

The Middlefield Wal-Mart is a massive, glitzy affair — a bright, clean store where you can have your eyes checked, purchase art for your walls, get your tires changed and stock your aquarium with live fish. And there, about two-thirds of the way back, is the hunting and fishing section: an aisle filled with boxes of bullets, BB guns and hunting accoutrements — but no actual guns.

I flagged down the nearest blue-vested worker and asked if the store sold rifles.

“No, just this stuff,” she answered, gesturing to ammunition and scopes.

“When did you stop selling firearms?”

“About three or four weeks ago,” she replied.

Tara Raddohl, a Wal-Mart spokeswoman, told me via e-mail that removing firearms from stores was a “business decision” based on “diminished customer demand.” Whether it was the bad press or lack of sales, it seems guns weren’t good business for the world’s biggest chain. And if I was going to get my hands on a gun, I was going to have to abandon the relative safety of homogenized American retail and its “falling prices.” I had to go hardcore.

NO ONE KNOWS HOW MANY GUNS are in Ohio, and that’s a problem, says Toby Hoover, executive director of the Ohio Coalition Against Gun Violence.

“One of the big fallacies in this country is that everyone believes that there is such a thing as registration,” she says.

In fact, in Ohio, federal law requires the state only to run a background check to ensure the purchaser isn’t a felon or underage, she says. “If that comes back OK, then they sell you a gun.”

The state doesn’t keep a record of that purchase. The feds don’t, either. The only place that notes the sale is the licensed firearms seller, which means if the original buyer resells the gun privately, the firearm can disappear. And if a crime is committed with that weapon, the trail to the current owner can run cold quickly.

Hoover, whose husband was killed by a gun almost 35 years ago, advocates for background checks for those secondary sales to ensure criminals have a harder time getting their hands on guns.

“Somehow or another, we have to stop that supply to those people,” she says.

Her opposition in Ohio is led by Jim Irvine, chairman of the Buckeye Firearms Association, an organization that named Hoover the number four threat to gun rights in 2007. Irvine’s group won a victory in March when legislation it championed changed gun laws in the state. The new law made firearms regulations uniform across Ohio, but stripped local municipalities of their ability to tighten rules.

There are no licensing requirements for gun ownership in Ohio, and that’s the way it should be, Irvine says.

“It’s a constitutional right,” he says. “You don’t need to get training or a license to say “President Bush is an idiot’ or “President Clinton is an idiot.’ If you’re criticizing an elected official, you don’t need to go get a permit.

“Second of all, it’s a piece of property. It doesn’t make any more sense to say you need a license to go get a knife, or duct tape or anything else criminals use to commit crimes.”

But Hoover points to cars as property the government does regulate, requiring seatbelts, air bags and other safety devices. She says people put up with those requirements because they save lives.

As for requiring gun licenses, “I think that you should have to do that, and you should have to qualify for some kind of safety training,” Hoover says.

But Irvine doesn’t like laws that require training or licenses. “I’m a huge advocate of training,” he says. “I don’t think you can have enough training.” Still, he favors rolling back the Ohio requirement of 12 hours of training before earning a concealed carry permit. He says people who can’t afford the training are in danger because they can’t get a permit.

“Concealed-carry is the best dollar-for-dollar return for society because it is paid for entirely by people who go to get a concealed-carry license,” he says.

“I know close to a dozen people who have defended their lives with a firearm,” he continues.

But Hoover counters, “There’s just no verified statistics out there that people are any safer because they’re carrying guns.”

I was getting nowhere fast in my understanding of Ohio gun culture. Hoover and Irvine seemed like reasonable people with valid arguments, but I was getting the impression this was one steel-cage match that was going on way too long, with no winner, in front of a restless, disinterested audience. If the two sides are so completely opposed, where did people in the middle, like me, fit in?

Well, here for instance. My side at least encourages you to think about things rather than tell you “guns are bad, mmmmkay?”

LIKE ME, SUSAN CONNOR has little reason to think about guns.

“I don’t own a gun, I’ve never shot a gun,” she says. “I’m not immersed in the culture.”

But Connor, who works as research manager for the Rainbow Injury Prevention Center at University Hospitals in Cleveland, has spent considerable time investigating gun safety and children in Ohio. Because the government doesn’t track firearm ownership, studies like the one she completed in 2005 offer the few clues we have to understanding the prevalence of guns. Her study found that 22 percent of Ohio homes have guns and just 22 percent of gun owners keep their guns locked or locked up. That’s about in the middle for America, she says.

But perhaps more important, her earlier 2003 study found that 87 percent of parents who were gun owners believed their children wouldn’t touch a gun they found. She says those beliefs defy studies that show most children are so curious they will play with found guns — with sometimes deadly results.

“I’m interested in child safety,” she says, “not gun rights.”

I’m unfamiliar with Ms. Connor, but I’d venture to guess she’s interested in “child safety” the same way that the Violence Policy Center is interested in “violence policy” – that is, if it doesn’t involve “gun control” she’s not interested. According to the Center for Disease Control’s WISQARS tool, Ohio had five (5) accidental gunshot deaths for all ages 17 and under in 2004. In 2003 there were four. This is in a state with over eleven million people. By contrast there were 39 drownings and 13 poisonings. How many households don’t lock up their insecticides and solvents?

From what Connor has seen, there’s little middle ground to be had with pro- and anti-gun groups. “There’s no reasonable discussion between them,” she says.

Connor finds herself in the middle.

“I see sort of the good and the bad in both arguments,” she says. “I have enough of an opinion to say that I wouldn’t have a gun in my house, but it’s not up to me to make decisions for other people.”

But if 22 percent of Ohio households own guns, that means 78 percent do not. Shouldn’t we non-gun owners be doing things to make ourselves safer, considering our friends and neighbors might be packing?

“If you don’t have a gun,” Connor says, “you don’t think about it, truly.”

I certainly don’t. If I really wanted to understand, it was time for me to get shooting.

THE CARMEL-COLORED LOG CABIN nestled on more than six wooded acres gave my chosen firearms instructor plenty of credibility, but the bearskin rug and mounted antelope head inside finished the job. Jim Hardenbrook, an airline pilot husband of a friend, has been hunting and shooting guns for 47 years, and he offered to take me under his wing.

Jim was 7 the first time he touched a gun. While visiting his grandmother in Kansas, his father took him to a quarry to shoot a .22-caliber rifle his grandfather owned.

“That was a big thrill for a 7 year old,” he says. “And it was just very interesting to me, the whole process of aiming and shooting and trigger control.”

While he owned a BB gun during his teens and qualified on a number of weapons, including machine guns and grenade launchers while in the Navy, he didn’t pursue hunting as a sport until he moved to Colorado in his early 30s.

“I felt sort of deprived after so much intense work and study, and I started doing things to just enjoy,” Jim says. “It was a new form of diversion called recreation for me.”

But despite the displayed bearskin trophy hung over a rail in the home, he doesn’t kill simply for sport.

“I’ve always felt that you shouldn’t shoot anything that you weren’t going to eat,” Jim says, “so we ate him too.”

Firearms in his Hiram home are not just for hunting, as police can take as long as 30 minutes to arrive at the house in an emergency.

“Police are reactive, anyway,” he says. “That is, their presence acts as a deterrence, to some extent, but if you personally have a problem, who’s going to protect you, and how are you going to notify them? If you had to wait 30 minutes for somebody to come and protect you from a home intruder, what would you do?”

Jim starts me on a pellet gun in the driveway to his backyard garage. Walking outside, he’s thrown a cap over his graying hair and lit a pipe. With the warm late-winter day, the thick woods and Jim’s plaid shirt, I feel as if we are stalking prey. He’s given me three rules: “Always point your firearm in a safe direction. Never put your finger on the trigger ’til you’re ready to shoot. And always be sure that what you’re shooting at is safe.”

The rifle is surprisingly heavy — Jim tells me it’s probably weighted because it’s made of molded plastic. I’m confident; after all, how bad can it be to shoot a tiny lead pellet using compressed carbon dioxide? One Cleveland Christmas classic admonishes I’ll put my eye out, but I don’t expect to draw blood, even in the worst scenario.

Twelve feet away, Jim places a black target mounted on a cardboard box filled with newspapers. I raise the rifle to my shoulder, carefully lining up the two sights. I tentatively pull the trigger, the gun emits a quick, quiet poof, and I nail my mark. In fact, time and time again, I pierce the “9” and “10” zones, until the target begins to fall apart.

Hey, I’m pretty good at this.

This too is common. Shooting is fun, and almost always this is a surprise to the gun-phobe.

THE TRUE TEST IS TWO DAYS LATER, when we upgrade to real guns and real bullets. That’s why we find ourselves at a nondescript brick building with black metal roof panels high atop a hill visible from I-77 south of Cleveland. Giant white letters advertise to passing motorists, “Stonewall Range and Uniforms.” Inside, the first things I see are the glass cases filled with guns labeled “Beretta” and “Glock.” Suddenly, every product-name-dropping rapper seems a lot more credible.

The second thing I notice about Stonewall is that all the employees are packing. That’s not something you see at Dairy Queen.

I’m more nervous than in the backyard, so I hang back, letting Jim handle the details. It’s $18 an hour to rent a stall in the range and $7.50 for the .22-caliber gun with “Taurus” etched on its barrel that looks more like a stage prop than something that could cause real bodily harm. We stand at a counter, reviewing the rules: Always point the gun down range, only load the gun once we’re in the stall, and only put a finger on the trigger when I’m ready to shoot.

We wear earplugs and headphones, which create a buzzing sound and make everything seem as if I’m experiencing it through a fog. Jim mounts the target on a cord that’s basically a clothesline and sends the target out 10 or 15 feet by flipping a switch. I load nine inch-long bullets into the revolver, snapping the cylinder closed. Jim steps back, and I stand alone in the stall — feet spread shoulder-width, both hands clutching the piece, arms locked forward creating a triangle. I need considerable thumb strength to pull back the hammer, which pulls back the trigger as well. And then, with just slight pressure from the second finger on my right hand — “POP.”

The strange little explosion doesn’t even feel as if it came from the weapon in my hands. And I score an “8” on the target. Another pull on the hammer and press on the trigger. “9.” Again. “10.” Six shots later, I am destroying the target.

“You’re actually a good shot for a beginner,” Jim says from behind me.

Two more rounds of nine shots blasting the center of the target, and I’m beginning to tingle with a sense of euphoria. I turn to Jim, grinning like a proud kid. “Can I try the bigger gun?”

In Jim’s red bag, he’s carrying his .44 Magnum, a weapon with a polished wood handle that’s more Hollywood glamorous than the rented piece I’m shooting. This one shoots bullets he’s packed himself in his basement workshop, and when I pull the trigger, which requires significantly more effort, there’s no “pow.” This is a “BLAM,” and I feel it. But despite the recoil, which causes the Magnum to leap in my hand, I’m still nailing the “10.”

Jim’s also brought some special ammunition, which contains more gunpowder, for my final rounds. I shoot two, and I’m shaking. These shots are powerful, and suddenly I worry that the firearm could fall out of my hand from the force. I feel out of control, and I put down the gun. Finally, I’ve gone too far.

On the way out, I thank Jim. He gestures to the cases filled with firearms for sale. “If you liked it enough, I can help you pick out your future.”

AS I DRIVE HOME, my hands are shaking slightly and I can feel my heart beating. There’s exhilaration from what I’ve done, excitement in learning I’m an excellent shot. I call my mom, my sister, several friends. “Guess what I just did?” I ask, nonchalantly. “Fired a gun.” My hand feels dry — from gunpowder? I daydream about the Magnum — if someone used it today to commit a crime, are my prints all over it?

But a couple of hours later, my high is fading, and I have a minor freak-out. I remember a moment in the stall when I saw a moving target’s shadow enter the periphery of my vision. What if that had been a person running into my line of sight? What if my target was a human instead of a piece of waxy paper? There are 39 holes in the bull’s-eye — dead center of where a chest would be.

I could have killed someone several times that morning. Despite how pleased I am with my shooting prowess, how proud I am for overcoming my fears, I don’t think I could ever hold a gun again. I could never kill another human.

IT’S SATURDAY NIGHT, and I’m driving downtown toward Cleveland to meet friends for drinks. I send a text message to one to find out where he is. His boyfriend responds: “Dan and I were attacked. I’m at Lutheran. I’m OK. Just getting checked out.”

Through text messages and phone calls, I learn that my friends were attacked by a group of teenagers as they tried to get into their car. Eddie has pains in his ribs and a scrape on his leg. Dan is just shaken up. Eddie’s wallet is gone.

As I drive, I am suddenly overcome with a mix of anger, fear and frustration — emotions that again make me reevaluate my position. More friends affected by crime, and no way to protect ourselves.

But there is a way we could protect ourselves, something Jim helped me learn just weeks before: We could all start carrying guns.

It seems irrational, but fear is irrational. And I begin to understand how that fear could drive people to arm themselves. I’m not on either “side” like Toby Hoover or Jim Irvine. I, like so many Ohioans, fall somewhere in the middle. Guns still feel like the ultimate solution, something I’m not ready to embrace yet.

But if the police won’t or can’t protect me and my friends, taking matters into my own hands doesn’t seem irrational anymore.

Back when I first started this blog, I posted “Is the Government Responsible for Your Protection?” (See the left sidebar for the links.) In that piece I concluded:

My friend’s example of the “good, decent herbivores” represents the majority of the population, and this majority is largely unaware that they are the ones responsible for their own safety. They depend on the police almost exclusively for their safety and protection from crime. In their fear of violence, they fear the other “herbivores” with guns, too. They do so because some gun owners are idiots, but mostly because they’re told that guns are the cause of crime, and they don’t know any better. They don’t accept that general citizens who are willing to resist crime are an asset, not a liability to society.

So what am I advocating? I am advocating educating the citizens of our society as to their rights and attendant duties. That way they can make educated decisions as to their own protection, and that of their fellow citizens. Then if they decide that, for them, actively opposing crime is not an option, they won’t be so eager to deny the means to those who decide it’s the moral thing to do.

In other words, I trust my fellow-man to make the right decision if given all the information.

I think Mr. Thornton now has all the information he needs. The decision is his. But the opportunity to have a firearm for self-defense he owes to those who worked long and hard to ensure it.

Now I suggest that he contact James R. Rummel, and the nearest chapter of Pink Pistols.

Quote of the Freakin’ WEEK.

Via Joe Huffman:

(Judge Karen LeCraft) Henderson’s second insight was that despite the right belonging to “the people” in the amendment, it actually belonged only to the militia as an organized military force. To believe this, you have to believe that the United States is the only nation on Earth that felt a need to guarantee its government, in writing, the right to have an army — which is possible, I suppose, if Jefferson foresaw the attitude of the modern Democrat party towards the military. – Mac Johnson, Court Rediscovers 2nd Amendment, Liberals Fear Other ‘Rights’ May Soon be Found, HumanEvents.com, 3/15/07

And for those of you who do not know, Judge Henderson was the dissenting voice in Parker v D.C. – and curiously enough, voted against an en banc rehearing of the case on appeal.

I’m really curious to know why.

(Just an aside: I’m currently working 12+ hour days. Blogging will be slim for a bit.)

It’s a Baaaad Time for It, But…

SayUncle points to a new anti-gunblogger, Robyn Ringler, who blogs at the Albany, N.Y. Times-Union newspaper’s website. Apparently they allow outsiders to use their bandwidth if the author’s blog topic is approved by the paper.

Somehow I doubt they’d approve of The Smallest Minority, so it’s probably a good thing I have no plans to move.

Ms. Ringler is both a nurse and a lawyer whose claim to fame is that she nursed Ronald Reagan after he was shot by John Hinkley. She started her blog April 17 – the day after the VA Tech massacre. In her second post she wrote:

Blame it on President George W. Bush–it’s all his fault. It may be considered in poor taste to talk about gun control right now, but he started it.

I first heard about the shooting on Monday while driving in the car. NPR reported that a gunman had killed multiple students at Virginia Tech. In the same broadcast, President Bush’s first reaction was released.

The president is “horrified” at the shootings, said a White House spokesperson, but he is still in favor of a constitutional right to bear arms.

Hearing that while driving a car was far more dangerous than any cell phone. If I could have fallen off the seat, I would have.
Translation of the president’s message: You can kill all the kids you want. I never have and never will do anything to prevent a mentally disturbed, violent person like Cho Seung-Hui from getting all the semiautomatic handguns and ammunition he or she wants.

(*sigh*) Oh, boy. In a later post she wrote:

The question is not, “Who should own a gun?” The question is “Who should NOT have a gun?”

There is no way to know by looking at a person and having a two-minute conversation. Here, in the motel lobby, I think, I NEED MORE INFORMATION.

Has a judge or magistrate ever committed that person to a mental institution because he posed an imminent threat to himself or others? Has he been convicted of a felony? What if he wasn’t convicted, but there were significant complaints against him or what if he plea bargained down from a felony to a misdemeanor? Is he a stalker? An abuser? Someone who doesn’t know how to use a gun safely? Or store it properly?

We need to take the time to ask the important questions. Our LEGISLATORS need to take the time to ask the important questions. They are our leaders. They are who we turn to in a crisis. They are the ones who need to act on our behalf. Where are they?

Ms. Ringler is obviously someone convinced that other people are responsible for her protection.

In the post that SayUncle points to first in his piece, he notes that Ms. Ringler, like essentially all anti-gun activists, is very poorly educated on her topic of passion. It seems that she wants to ban the .50 caliber BMG rifle. Apparently she believed (she has since retracted) that Muhammed and Malvo used a .50 in the D.C. Sniper shootings, among other things.

So, I have invited her to debate.

Let me be up front and state that I am an advocate for individual rights in general, and the right to keep and bear arms in particular. I would ask you to please not dismiss me out of hand because of that, however.

I’ve read several posts here, and have reached the conclusion that you are well-meaning, but misinformed. Obviously as a nurse and a lawyer, you have a good brain between your ears, but you’ve been mislead(sic). I understand what it is that you believe you are advocating, but I don’t believe you’ve thought out the actual implications of those positions.
I would very much like to debate the topic with you, either here or at my blog or even privately via email (though, obviously I’d prefer to have the discussion be public) on the topic of gun control. (Note to self: Proofread, proofread, proofread before hitting “submit.” – Ed.) I believe you would find it enlightening. Though I honestly doubt I would “convert” you to a gun-rights position, I know that you would receive a different perspective that would at least moderate your position.
In a public forum our debate would offer an opportunity for others to see both sides of the argument, discussed rationally and in a civilized manner, backed with facts and links to source information to allow readers to see and decide for themselves.
Thank you for your attention. I await your response.

Kevin Baker – proprietor, The Smallest Minority

I’m going to be busy as hell for the next, oh, eight weeks, so debating will be difficult at best, but to be honest I don’t expect her to respond. She certainly needs more information, but I don’t think she’s really interested in hearing from the other side.

UPDATE, 6/1: I’ll be damned. I left another comment at Ms. Ringler’s site, answering her list of ten questions. At the end of that comment, I left another invitation to debate, (note the “more on this below” in response #5) but it was edited out. It would appear that she is not at all interested in any kind of honest exchange with her opposition. I’m so disappointed.

Unsurprised, but disappointed.

Good Guys 1, Bad Guys 0.

From AR15.com comes a “coulda ended worse” story. Let’s start with the post:

Ok so the other day i posted about a guy buying a gun wearing pink crocs…

The reason he wanted a gun was because a former employee stole from them and then he was fired. The employee then said they would hurt his family, throw acid in his wife face etc So he wanted to buy a gun for protection. No CCW so he has a 3 day wait. His Glock is still sitting on my shelf.

Yesterday two guys approached him in the drive way in the AM and pointed a gun at him and told him to go back inside the house. His wife was inside so he wasn’t going to do it. he jumped the guy with the gun and disarmed him and shot him. Killed the guy right there. The other guy took off.

Now the media’s version of the story:

Two arrested in connection with Cape homicide

Two people have been arrested in connection with a Cape Coral homicide, according to Cape Coral Police. But the man who pulled the trigger is not one of those charged with murder.

Damion Jordan Shearod, 20 of 3900 Central Ave., Fort Myers, and Jazzmyne Rahshel Carrol-Love, 19 of 611 Rabbit Road, were both charged with second-degree murder and robbery with a firearm. Shearod was also charged with trespassing. Both are in custody at the Lee County Jail.

Police spokeswoman Dyan Lee said Carrol-Love drove Shearod and the shooting victim to the address to commit an armed robbery. But a struggle ensued, the gun was dropped and the robbery victim fired at the suspects as they feld(sic) the scene.

The shooting victim still has not been identified.

From earlier today

Cape Coral police are currently investigating a shooting death at 2125 Northeast 1st Ave, just east of Santa Barbara Boulevard and north of Pine Island Road.

The unidentified victim, a black male in his 20s, police said, was face down on the driveway of the home when police arrived. Police said he died of a gunshot wound. Several neighbors reported hearing gunshots. The victim was not carrying any identification, police said.

Police have not officially ruled it a homicide, calling it a death investigation.

The victim does not appear to be a resident of the home, police said. Two other people — Jacob Sechler and Elizabeth Elizabeth Kachnic — are involved, but police are not sure in what capacity. According to the Lee County Property Appraiser’s website, the home is owned by Kachnic. The home, according to the website, was built last year for $297,000.

Kachnic was taken by police for questioning. Sechler was treated at the scene for injuries and released.He also was questioned by police. Sechler did place a 911 call about a disturbance at the house at 11:22 a.m.

Police believe the victim was running from the home prior to his death.

If it is officially ruled a homicide, it would be the third in three weeks in the city, after going almost the first four months of the year without one.

“Jazzmyne Rahshel Carrol-Love.” Sounds like a winner from one of Mostly Cajun’s Sunday birth announcements. Note the story indicates that the wealthy victim assailant shot that poor assailant victim in the back!

But here’s an update on the story:

Man shot dead in botched Cape robbery ID’d
Cape shooting has many unanswered questions

Police have identified the victim (editor’s note: No, the police have identified the dead alleged perpetrator. The victim pulled the trigger.) in a fatal shooting on Wednesday as John Patrick Moore Jr., 20, of 2616 Jean Marie Court in Fort Myers.

He was one of three suspects in a botched robbery attempt.

At approximately 11:22 a.m. Wednesday, police said Moore and two other suspects,
Damion Jordan Shearod, 20, and Jazzmyne Rahshei Carrol-Love, 19, drove from Fort Myers to 2125 NE 1st Avenue, where, police said, they planned to rob Jacob Seckler. He lived at the residence with the home’s owner, Elizabeth Kachnic.

Carrol-Love, the driver, remained in the vehicle as Shearod and Moore exited the vehicle.

Moore was armed with a gun and both men went to confront Sechler and tried to force him into the home, but a struggle ensued. Moore dropped the gun during the struggle and Sechler picked it up.

Both Moore and Shearod continued to struggle with the victim to regain possession of the gun, but the attempt failed, and Sechler fired at the suspects, striking Moore.

Moore fell and died in the victim’s driveway.

Note that there is now no “shot in the back” inference.

Damion Jordan Shearod and Jazzmyne Rahshei Carrol-Love were arrested Wednesday and charged with homicide and robbery with a firearm. Sechler was not charged.

Updated 10:45 a.m.

When two Fort Myers youths were arrested Wednesday night in the Cape Coral shooting death of a friend during a botched robbery, it was a familiar scenario for one of the suspects. (My emphasis.)

Police said Damion Jordan Shearod, 20, Jazzmyne Carrol-Love, 19, and an unidentified male were involved in an attempt to rob a Cape Coral couple at 2125 N.E. 1st Avenue Wednesday morning. But when one of the suspects dropped the gun, the would-be victim grabbed it and shot one of the suspects, killing him in the driveway. Police still have not released that man’s identity pending notification of his family.

While it doesn’t appear Shearod pulled the trigger on his friend in that shooting, he and Carrol-Love have been charged with second-degree murder and robbery with a firearm. The Cape homeowners, Jacob Selack and Elizabeth Kachnic, were not arrested by police.

But Shearod had been convicted two years ago for pulling the trigger on another friend, Giannis Avrampoulos, killing him, on Jan. 6, 2005.

The News-Press archives indicate he should have been sentenced to 24 years to life in prison. It was not immediately clear why he did not remain in prison. (Again, my emphasis)

Originally, Lee County Sheriff’s deputies charged both Shearod and his brother, Euric Thomas, then 17, of Avrampoulos’ killing, in which he was choked, shot multiple times and then robbed. Charges were later dropped against Thomas, but Shearod was convicted for the killing on July 12, 2005.

Shearod was acquitted by a judge four months after he was convicted by a jury of second-degree murder and sentenced to 30 years in prison, court documents show.

It was not immediately clear why Lee Circuit Judge James Thompson reversed the jury’s decision to convict Shearod of shooting Avrampoulos, but the state was appealing the decision.

Updated 7:40 a.m.

One of the two youths in jail today on murder and robbery charges had been charged with another murder in January 2005, Lee County Sheriff’s Office booking records show.

Damion Jordan Shearod, 20, was arrested Jan. 10, 2005 in the murder of his friend Giannis Avramopoulos, 18, of Lehigh Acres, according to the Lee County Sheriff’s Office.

Shearod was accused of getting into an argument with Avramopoulos, pulling a gun out of his waistband and shooting the teenager, the report said. Shearod was released by court order later.

Shearod’s court appearance for Wednesday’s charges is scheduled June 18. His last known address is 3900 Central Ave. #308, Fort Myers. He is also known as DJ.

The second youth arrested, Jazzmyne Rahshel Carrol-Love, 19, has no prior record with the Lee sheriff’s office. Her last known address is 611 Rabbit Road, Sanibel. She is also scheduled to appear in court June 18.

The identity of the third suspect, who died at the Cape Coral home, still has not been released.

Posted Wednesday

After a botched robbery attempt, two Fort Myers youths were arrested Wednesday night in connection with the shooting death of their friend in Cape Coral.

Both suspects are charged with second-degree murder and robbery with a firearm.

According to Cape police spokeswoman Dyan Lee: Damion Jordan Shearod, 20, and Jazzmyne Rahshel Carrol-Love, 19, along with an unidentified man, drove to the home of Cape couple Jacob Seckler and Elizabeth Kachnic at 2125 N.E. 1st Avenue with the intent to rob them.

But when the unidentified man tried to force one of the would-be victims into the home, he accidentally dropped the gun, Lee said.

“The unidentified (deceased) male dropped the gun during the struggle and (Seckler) picked it up,” Lee stated.

Shearod, Seckler and the unidentified male wrestled for control of the weapon, but Seckler ultimately overpowered the two and fired at the suspects, killing one at the edge of his driveway.

Lee said the deceased man is not yet being identified pending notification of his family.

It is the third homicide for the city in as many weeks following four months without one.

“I’m horrified,” neighbor Maralee Haldeman said. “I heard about four or five gunshots, and at first I thought it was fireworks or something. I rushed outside and that’s when I saw (the deceased) there.”

Initially, police responded to what they thought was a disturbance at 11:22 a.m., Lee said, but officers found the man dead when they arrived. He was not carrying identification.

Seckler was the one who called police.

Neighbors said Seckler, who is in his late 40s, moved into the home with his girlfriend Kachnic, 37, in January. Kachnic is the owner of the home, which was built last year.

Police questioned both Kachnic and Seckler, who was treated for minor head injuries caused by a scuffle on the scene.

A connection between the couple and the gunshot victim was not immediately clear.

Kachnic had contacted police Tuesday to report her housekeeper stole a $5,800 watch and checks worth $480. Kachnic told police her former employee admitted to taking the items, but then left several vulgar messages on her voice mail.

In one, the accused woman reportedly said, “Tell Elizabeth to come to Fort Myers and get her watch. When she gets here, I will whack her (expletive).”

“Elizabeth feels very threatened and wants her watch back,” reporting officer R. Schilke wrote. “But she doesn’t want trouble.”

Haldeman described the neighborhood as quiet, and Kachnic and Seckler as “very nice.”

“They didn’t have any enemies,” she said. “They didn’t live here long enough to know many people at all. That’s why I think this burglary has something to do with it.”

Records show the couple moved to Florida from New Rochelle, N.Y., about 20 miles outside New York City.

As for the suspects, Carrol-Love does not appear to have a prior criminal record, but Shearod was arrested in the past for another homicide in 2005, as well as burglary and vehicle theft. It was not immediately clear why he was released after the 2005 homicide charge.

Yep. Those waiting periods really help keep the public safe, don’t they? One wonders if the dead perp had to wait three days before he took possession of the revolver that ended his life.

The original AR15.com poster updates with this:

A person who worked the scene and who is a good customer here shared some awesome info.

The dead bad guy was wearing a shirt that said “Murder King, Have it your way”
I guess he had it his way….
he had baggy pants on and when he started to run his pants fell down around his ankles and tripped. He was NOT shot in the back. he was shot in the side. It was a 38spl s&w. One round entered the left lung and continued into his heart.

Who says that the .38 Special isn’t enough round? Defensive shooting is like real estate: location, location, location! And another update:

The gentleman came to pick up his gun today. Went it and shot it a bit. Did very well. Picked up a holster and some ammo. he was pissed… his eye had swelled up . he more upset about the black eye than anything.
here’s somethig pisses us off. the PD told him not to go home for 2 months. Told him to take a vacation. they searched the dirt bags house and found quite a few firearms there. Told him not to go home and he doesn’t want to go there alone. I gave my cell number and said i was off the next two days and i would go with him ,clear his house so he and his wife could get whatever they needed and check on their house. Don’t go home for 2 months. Thats a damn joke.
Another member here graciously offered to cover a course for him and his wife at Front Sight. i let him know and he said he would love to. i forwarded the e-mail to him.

Please note that AR15.com is a message board. The finer points of capitalization, punctuation, and grammar are lost to a large portion of humanity. Still, it was an interesting story, and one with even a better ending: As I understand it, Florida recently passed a law protecting people from civil lawsuits if they are involved in a justifiable homicide. The victim here will not be further victimized by the legal (not “justice”) system. In England I have no doubt that Mr. Sechler would be sitting in a jail cell while the Crown Prosecution Service did their best to prove that he used “excessive force.” He would at least suffer a six week murder investigation as did Thomas O’Connor. Interestingly enough, Mr. O’Connor was advised to move away after his incident as well.

“Unlimited Potential for Insidious Mischief”

Perusing Clayton Cramer’s blog this evening, I stumbled across this statement:

The M249 was so light and cute that I could see having one, if the 1986 ban on new manufacture of machine guns for civilians ever gets struck down by the Supreme Court. If that seems improbable–see U.S. v. Rock Island Armory (C.D.Ill.1991)–where the government lost such a case, and decided not to appeal, for fear that they would lose on appeal, too.

Well, I’ve made a (masochistic) hobby out of reading court cases, so I clicked on through (it’s a .txt file) and read that very well annotated and referenced 1991 District Court decision by Judge Michael M. Mihm, Chief Judge of the Central District of Illinois at that time. I don’t know how I missed this one. It’s all over the web. A somewhat more readable HTML version is available here.

The long and short of it is that Rock Island Armory and one David R. Reese were charged with illegally manufacturing machineguns for non-government use in 1987 and 1988 after passage the 1986 ban on all new machineguns for private possession that was tacked onto the Firearm Owner Protection Act (FOPA). Judge Mihm dismissed the charges, saying after a long exposition on the precedents:

In sum, since enactment of 18 U.S.C. sec. 922(o), the Secretary has refused to accept any tax payments to make or transfer a machinegun made after May 19, 1986, to approve any such making or transfer, or to register any such machinegun. As applied to machineguns made and possessed after May 19, 1986, the registration and other requirements of the National Firearms Act, Chapter 53 of the Internal Revenue Code, no longer serve any revenue purpose, and are impliedly repealed or are unconstitutional.

In other words, the $200 transfer tax was constitutional only so long as the government was actually collecting revenue. When the law changed banning any trade in new machineguns, that transfer tax on new machineguns became moot, and the law no longer was constitutional. His argument is quite logical and convincing, and contains many citations from the original congressional debates over the 1934 National Firearms Act before its passage.

Now the interesting thing, as Clayton pointed out, is that the .gov didn’t appeal. However, several other post-’86 machine gun cases have gone to the appeals courts where Rock Island has been brought up as precedent. Of course, in none of them did the courts do or even refer to the research performed by Judge Mihm, and they, almost uniformly, found for the State rather than the defendant.

The best dissent I’ve read concerning this comes from U.S. v. Ardoin and Judge Jacques Loeb Wiener, Jr. He wrote in part:

Until the enactment of section 922(o) of the FOPA, a citizen could legally make, transfer, or possess a machine gun, as long as he complied with the relevant registration and tax provisions of the NFA. Simply put, since 1934 the NFA has said to such a citizen, “You may manufacture, transfer, or possess a machine gun if (but only if) you register and pay taxes on it.” Then along came section 922(o) of the FOPA (some fifty-two years later) and declared to that same citizen, “You may not manufacture, possess, or transfer machine guns – period.” What sense does the NFA make now? The BATF operates as though Congress has passed two separate laws each criminalizing the mere possession of machine guns, leaving the BATF with the discretion to prosecute citizens’ possession under either statute (or both). But that is not – and cannot be – the case.

There is no evidence that Congress ever adverted to the effect that the enactment of section 922(o) would have on related provisions of the NFA. But undeniably the enactment of section 922(o) did affect the NFA – enormously. Because the NFA forbids the BATF to register and accept taxes for illegal firearms,18 the enactment of section 922(o) – which basically made the mere possession of machine guns by private citizens illegal – rendered the extensive registration and tax provisions of the NFA essentially meaningless. Indeed, the NFA’s regulation of machine gun-ownership by private citizens was made instantly obsolete by the advent of the FOPA. There is no longer any place for those provisions in the present legislative scheme for regulation of most prospective machine gun-owners. Their vestigial existence on the statute books analogizes perfectly to the human appendix: no useful function whatsoever, but unlimited potential for insidious mischief.

Moreover, section 922(o) reflects Congress’ judgment concerning the correct statutory formulation and the appropriate level of punishment for mere possession of a machine gun. Thus, if we uphold the continued application of the NFA to citizens who transfer, make, and possess machine guns))even though the NFA no longer serves any revenue-raising purpose))we are altering that congressional judgment. Why then does the BATF continue to prosecute citizens under NFA solely for the possession of machine guns, rather than resorting to section 922(o), which Congress expressly designed for that purpose? Perhaps because the statutory maximum fines for violating the NFA are greater than those provided under the FOPA. More likely, BATF agents and prosecutors find it easier to get convictions under the NFA, both because it appears to have an easier mens rea requirement, and because the laundry list of possible statutory violations is so very long. But Congress clearly did not intend for its passage of the FOPA to transform the preexisting NFA into a more severe ban against the simple possession of machine guns, for such a mutation of the NFA makes section 922(o) of the FOPA superfluous: what the BATF is supposed to do under the FOPA can be done more easily (and with the majority’s blessing) under the “new,” transmuted NFA, which has been administratively (and now jurisprudentially) shorn of the registration and taxation provisions that once were its whole raison d’etre.

The obsolescence of the NFA provisions at issue here is also exposed by the fact that – although expressly enacted to raise revenues from private citizens – those provisions no longer raise any revenue from the possession, transfer, and making of machine guns by private citizens. The suggestion that a tax measure can somehow have continued vitality when it no longer taxes certainly tests one’s imagination. Although implied repeals are disfavored, I firmly believe that the sections of the NFA at issue here are so utterly irreconcilable with section 922(o) of the FOPA as a means of regulating private ownership of machine guns that they were impliedly repealed by FOPA’s passage: with respect to the regulation of machine guns, the latter has superseded and supplanted the former.

I recommend you read the whole thing, as Judge Wiener illustrates very well how the other members of the Court, as 9th Circuit Court Judge Alex Kozinski put it, “constitutionalize their personal preferences.”

And Dave Kopel has a related piece from 2005 at The Volokh Conspiracy.

And bear in mind: This is the same law that put Hollis Wayne Fincher in jail.

None of Your F@&^ing Business!.

I wish I could do the Spock eyebrow thing when I say “Fascinating!”

I was checking the Violence Policy Center website to see if they had any reaction to today’s Parker decision, and came across their latest “analysis,” A Shrinking Minority: The Continuing Decline of Gun Ownership in America (a PDF file). The report tells us what the title does, apparently guns just aren’t popular in America any more. So says the General Social Survey, which the Violence Policy Center tells us:

…is conducted by the National Opinion Research Center (NORC) at the University of Chicago. Begun in 1972, the GSS completed its 26th round in 2006. According to NORC, “Except for the U.S. Census, the GSS is the most frequently analyzed source of information in the social sciences” and is “the only survey that has tracked the opinions of Americans over an extended period of time.”

So much for the GSS’s bona fides.

Y’all know how much I love the VPC’s graphics. Well, here’s the centerpiece of this report:

Yes, according to the GSS:

During the period 1972 to 2006, the percentage of American households that reported having any guns in the home has dropped nearly 20 percentage points: from a high of 54 percent in 1977 to 34.5 percent in 2006.

While at the same time:

In a June 2006 press release, National Shooting Sports Foundation (NSSF) President Doug Painter states that “…gun sales and ownership in our country continue to rise.” The NSSF is the self-described “trade association for the shooting, hunting and outdoor industry.” In the release, the NSSF adds without attribution, “The number of American households with at least one firearm is now estimated at nearly 47.8 million.” According to the U.S. Bureau of the Census, in 2005 there were an estimated 108,819,000 households in America. Using NSSF’s figures, 43.9 percent of American households have a gun — more than nine percentage points higher than the most recent NORC household gun ownership figure.

I don’t see what the VPC’s problem is, then. Obviously the NSSF is lying and it appears that since gun ownership is declining on its own, there’s no need to pass legislation banning handguns, “semi-automatic assault weapons” etc. The “gun culture” is going away!

Except, it doesn’t seem to be. I mean, President Clinton wouldn’t lie to us, would he? In a February 4, 2000 White House press release he announced:

Handguns Account for Nearly Half of All New Gun Sales – About 2 Million Per Year. Fifty years ago, handguns represented only one out of every 10 new gun sales. Now they account for more than four out of 10.

Um, if two million a year represents, say 45% of all annual gun sales, then that puts the total annual gun sales (carry the one…) at about 4.4 million per year. And that’s just new gun sales. As I’ve noted many times before, guns are durable goods. A gun made 100 years ago can certainly be perfectly functional today, and many are.

Now, I certainly believe that those of us who collect guns are building bigger collections, after all, I’ve got (mumble mumble…) guns myself and my wife insisted that I buy the bigger model gun safe because “You’ll fill it up eventually.” But do I believe that all of those guns each year are going into the collections of a shrinking number of aging geezers like me?

I do not.

According to the General Social Survey FAQ site, about 3,000 people are interviewed for their survey, and about 75% of them respond. It’s not a telephone survey, either. You’ll note, also, that after the 1998 survey the response rate dropped to about 70%, so right off the bat about 30% of the people they go to interview now tell the interviewers (in effect) “F$%# off!”

Gee, I wonder what the gun ownership rate in that demographic is?

Second, the VPC, Brady Center et al. have been striving for decades to convince people that “Guns are bad, mmmkay?” This, despite the fact that since 1986 the number of states with “shall issue” concealed-carry legislation has increased from 6 to 37 (and Alaska has gone from no carry to unrestricted.) People, somebody had to be buying those millions of “pocket rockets” and they weren’t all prior gun owners. Perhaps the best illustration of what I’m talking about here comes from NPR contributor and gun convert Emily Yoffe, the “Human Guinea Pig,” in her Slate piece Guinea Get Your Gun: How I Learned to Love Firearms:

So anathema are guns among my friends that when one learned I was doing this piece, he opened his wallet, silently pulled out an NRA membership card, then (after I recovered from the sight) asked me not to spread it around lest his son be kicked out of nursery school.

Ye gods. As fellow blogger and activist Joe Huffman has noted, in many areas – specifically the “blue states” and metropolitan centers – the gun bigots have made gun owners into “gun niggers.” Hell, newspapers seem to think that concealed-carry permit holders are the equivalent of sex offenders. It happened again just today.

So where are all those guns going? Well for one thing, I think the National Opinion Research Center has its head up its collective posterior when it says:

Some have speculated that the 9/11 terrorist attacks undermined support for the regulation of firearms, arguing that fear of terrorism increased the public desire for firearms for self-defense. However, this was not the case. (E)xcept for a small bulge in handgun applications in September-October, 2001 which had already started to subside by November, there was no increase in firearm purchases in response to the 9/11 attacks.

What about after Katrina? A LOT of people figured out fast that the government wasn’t responsible for their protection – was, in fact inimical to it in some cases. (Just ask Patricia Konie and her attorney Ashton O’Dwyer).

So, given this “decades-long slow motion hate crime” perpetrated against gun owners, is it any surprise that people either decline to answer, or (dare I say it) lie when asked whether their home contains a firearm? I mean, if you fear that your toddler might be evicted from nursery school because daddy owns a pistol…

So go ahead, VPC, Brady Center and all the other Joyce Foundation sponsored gun ban control safety organizations; convince yourselves that the number of gun owners in the U.S. is dropping precipitously. Pat yourselves on the back for the outstanding (*cough*) job you’re doing.

I really enjoy watching you splutter like Sylvester the Cat every time a new piece of gun-control legislation goes down in flames, or gun-rights legislation passes with a veto-proof margin, or, as also happened today, a gun-rights court decision stands.

UPDATE: I swear, I wrote this piece before I ever saw this.

UPDATE II: D’OH! Instapundit link fixed. I need a vacation….

UPDATE III: Woohoo! Instalanch!

No Wailing nor Gnashing of Teeth… Yet.

It appears that the District Court of Appeals for Washington, D.C. has denied in a 6-to-4 vote to re-hear Parker v. D.C. en banc. This is good news – they won’t be overturning the three-judge panel 2-1 decision that rejected Washington’s draconian gun laws. Eugene Volokh has the details. A quick check of the major news outlets shows that pretty much nobody else does. As Eugene notes, the City will now almost definitely file an appeal to the Supreme Court, and

…the petition will likely be filed in mid-August. That would mean the Supreme Court will decide in late September whether to hear the case — and if it does agree to hear the case (“grant cert”), it will hear it in early 2008, with a decision handed down by early July of 2008.

Which would put it right before the November election.

Want to bet that gun control will be a major topic in the next Presidential election?

Me neither. I expect the court to deny certiorari and dodge the question once more. I could be wrong, though.

UPDATE: SCOTUSBlog thinks otherwise.

UPDATE II: Now that I’m home and had a chance to read some details, I’m quite surprised to learn that Circuit Judge Karen LeCraft Henderson was one of the bench who voted against the en banc rehearing. She was the dissenting opinion in the original case. Judge Silberman, who wrote the original opinion, is a Senior Circuit judge and was not able to vote on the en banc rehearing, nor (as I understand it) would he have been able to sit on the bench for the case.

Judge Henderson’s vote could have made it 5-5, and while that wouldn’t have altered the result (a majority has to agree to re-hear), it would have been a political talking point (“Look how divided the Court is!”) So the $64k question is, “Why?” Did she believe that a rehearing would have simply delayed the inevitable? Did she just want to dodge the question and kick the problem upstairs? Has she been convinced (after the fact) that the majority was right, after all?

Inquiring minds want to know…

Bear in mind, though, that even if SCOTUS hears Parker, there’s no guarantee it will be decided A) in the favor of an individual right, much less B) be “incorporated” against infringement by the states under the 14th Amendment. That question was deliberately not raised by the plaintiffs in Parker, and is well established precedent in Cruikshank and Presser.

Which is why I fully expect denial of cert.