I'm Baaack!: I had limited access to e-mail this week and was able to delete spam and answer a few e-mails that required response. Having done that, I still had 123 valid e-mails to download on my return, Thursday evening. Thanks to those of you who honored my request to hold non-essential mail during my week off. For those of you who wondered where I was, please note that on those rare occasions when I will be out of town, I always include a notice to that effect at the beginning of the last mailing before the break, as I did on Friday, December 4. --- A Less Enthusiastic View of McDonald: ...The problem is that this case is more about the Fourteenth Amendment than the Second Amendment. Every provision from the Bill of Rights that has been incorporated to the states thus far has been incorporated through the Fourteenth Amendment Due Process Clause. There are all sorts of reasons that Due Process incorporation is problematic, but it's the way the court has always done it. That's why the National Rifle Association is focusing on this conventional approach in its brief to the court in McDonald v. Chicago. However, the team representing Otis McDonald is pushing the court to consider a new route and incorporate the right through another provision, called the Privileges or Immunities Clause. Although that may sound like legal mumbo-jumbo, the reality is that it could change forever our system of federal and state government... If the court overrules the Slaughterhouse Cases, the Privileges or Immunities Clause can mean anything courts say it means. The Supreme Court could declare a constitutional right to government-provided health care or "decent" housing, a free college education, a "living wage" or a clean environment, resulting in a court-ordered cap-and-trade system... http://washingtontimes.com/news/2009/dec/11/a-gun-case-or-pandoras-box-55900250/ --- Amtrak "Carry" One Step Closer: On Tuesday night Congressional negotiators reached an agreement that the final version of a transportation bill would include an amendment that restores the right of Amtrak travelers to pack their firearms in checked baggage [emphasis added]... After 9/11, Amtrak had barred passengers from bringing guns on trains. This Sept., Sen. Roger Wicker, R-Miss., attached an amendment to a transportation funding bill that made $1.5 billion in Amtrak funds contingent on once again allowing train travelers to transport firearms in checked baggage. The Wicker Amendment passed the Senate by 68 to 30. In a statement Wednesday, Wicker called in the inclusion of the amendment in the final version of the transportation bill "an important victory for sportsmen and gun owners across the country." http://abcnews.go.com/Blotter/congress-passengers-bring-guns-amtrak-trains/story?id=9290167 --- Poll Claims NRA Members More Moderate than Leaders: Part of the NRA's strategy of instilling fear is a "never-pass-any-new-gun-laws imperative," which lawmakers often abide by out of concern that they will be punished at the polls by gun owners. But in his Washington Post column today, E.J. Dionne highlights a new survey of 832 gun owners (including 401 NRA members) by conservative pollster Frank Luntz. The poll finds that NRA members are "more reasonable than the organization's leaders and supporters in Congress in understanding the urgency of keeping guns out of the wrong hands: * 86 percent of all gun owners believe the country can "do more to stop criminals from getting guns while also protecting the rights of citizens to freely own them." * 78 percent of NRA members support "requiring gun owners to alert police if their guns are lost or stolen." * 82 percent of NRA members support "prohibiting people on the terrorist watch lists from purchasing guns." * 69 percent of NRA members support "requiring all gun sellers at gun shows to conduct criminal background checks of the people buying guns." http://thinkprogress.org/2009/12/10/nra-poll/ ...It turns out that the people in the ranks actually are much wiser than their lobbyists. In a move that should revolutionize the gun debate, Mayors Against Illegal Guns decided to go over the heads of Beltway types and poll gun owners and NRA members directly [emphasis added]. The survey, which will be released soon, wasn't conducted by some liberal outfit but by Frank Luntz, the Republican pollster lately famous for providing talking points against the Democrats' health-care bills. "I support the NRA," Luntz insists. What he doesn't go for is the "slippery slope argument" that casts any new gun law as the first step toward confiscation. "When the choice is between national security and terrorism versus no limits on owning guns," Luntz says, "I'm on the side of national security and fighting terrorism." Most NRA members seem to agree... http://www.washingtonpost.com/wp-dyn/content/article/2009/12/09/AR2009120903312.html --- The Illogic of Carry Permits: ...While the permitting process in Tennessee and other states has certainly improved the situation for citizens, it still places an undue burden on the peaceful citizen, but not on the criminal. In Vermont, it is lawful to carry a firearm openly or concealed provided the firearm is not carried with the intent or avowed purpose of injuring a fellow man. No permit is needed. In Vermont, citizens are not required to get a permit to carry a firearm. The State of Vermont has long recognized the right of its good citizens to defend themselves while away from home without the need of a permit. Most of the states surrounding Tennessee do not require a permit to carry a firearm loaded in a vehicle, but require a permit if one is to carry a firearm on or about the person. If one gets a permit in Georgia, the current cost is approximately $65.00. The current cost for a Tennessee permit is $120.00 plus $85 more or less for the required training. Quite a lot of money for someone working for minimum wage, or a retired citizen on a fixed income. The permit actually disables good citizens who desire to comply with the law, but can't afford the financial burden of the permitting process. These citizens must make a difficult choice. Take their handgun with them and risk arrest or leave it at home and risk death or serious injury if attacked... http://www.examiner.com/x-28023-Knoxville-Gun-Rights-Examiner~y2009m12d10-The-illogic-of-handgun-carry-permits --- The Beat Goes On: Data released by the FBI's National Instant Criminal Background Check System (NICS) reported 1,223,252 checks in November 2009, ranking the month in the top 10 for most NICS checks of all time. This figure, while being a 20 percent decrease from the record high 1,529,635 checks in November 2008 - the start of the ongoing surge in firearm and ammunition sales - is an increase of 13.3 percent over reported checks in November 2007. Year-to-date background checks for 2009 total 12,626,669, an increase of 12.9 percent over the same time period last year. The total number of background checks reported since the beginning of NICS is 108,610,677. http://www.buckeyefirearms.org/node/7017 Concerns surrounding the Second Amendment under a new administration in Washington D.C. has resulted in an increase the number of permits issued for carrying a concealed weapon (CCW). Delta County [MI] Clerk Nancy Kolich said for December alone, there was a significant increase in the number of permits sought combined with those who were renewing the four year permit. "The law was changed in July 2001, allowing people to apply for a concealed weapon permit," said Kolich. "Since that time, this office has issued approximately 1,300 permits representing 3 percent of the population of Delta County." In the first year of the change in the carry concealed weapon law, 400 permits were issued, she added. The change in the law no longer requires applicants to explain why they are seeking a carry concealed weapon permit, but rather for local gun boards to explain why they shouldn't receive the requested permit. According to Kolich, there were 74 applications for carry concealed permits being sought to date this month. Kolich said clerks in other counties have also seen an increase in the number of carry concealed permits being issued... http://www.dailypress.net/page/content.detail/id/516371.html --- On the Other Hand...: ...Whatever the reason, the slowdown is already being felt by shareholders. Smith & Wesson shares have lost more than one-quarter of their value since the company disclosed that it now anticipates much lower than expected sales during the third quarter. Ruger's shares are also down, having shed about 25 percent since the end of October when the company reported its latest quarterly results. These sizable value adjustments reveal how both analysts and investors took the exceptional first-half results and simply straight-line extrapolated them forward, while seemingly ignoring other indicators that turned out to be a more accurate measure of the underlying trend among gun buyers. Back in June, Barron's reported that Smith & Wesson and Ruger shares were likely to retreat, as FBI background checks of gun dealers revealed sales were dropping. In November, Dick's Sporting Goods (NYSE: DKS), which includes hunting and firearm accessories among the sporting goods it carries, lowered its Q4 sales guidance, prompting a 13 percent post-announcement sell-off. While the next couple of quarters are likely to be challenging for firearm makers, the long-term prospects for this group remain quite compelling. The right to bear arms is so deeply ingrained in the American psyche that it's unlikely that any legislation will make a serious dent in Americans' appetite for guns. In addition, law enforcement demand for firearms is also likely to remain solid in the years ahead, as ongoing concerns regarding the potential lethality of alternatives like the stun weapons manufactured by TASER International (Nasdaq: TASR) may limit their uptake. These might be some of the reasons why Smith & Wesson was confident enough to recently predict that its sales would double over the next three to five years. (For more, see Is Growth Always A Good Thing?) http://stocks.investopedia.com/stock-analysis/2009/Weak-Sales-Outlook-Hits-Gunmakers-SWHCRGR1210.aspx --- DC Loses Another Appeal: A federal appeals court today revived a suit filed by the owner of a Virginia security company who was targeted, but not arrested, for prosecution in the District of Columbia on an unregistered firearms charge. The suit, filed last year in the U.S. District Court for the District of Columbia, alleges the police acted in bad faith in securing a warrant for the arrest of Robert Ord, the owner of Falken Industries. Ord is licensed to carry a firearm in Virginia. Since 2006, he has provided security service in the District. Last year, District lawyers abandoned the case against Ord. But he still sued, on the grounds that the threat of prosecution has cost him hundreds of thousands of dollars in contracts. Ord said he is unwilling to work in the city out of fear he will be arrested and prosecuted on a gun charge. His suit, which seeks damages, was thrown out last year. Judge John Bates said Ord's fears of prosecution were "mere conjecture." ... http://legaltimes.typepad.com/blt/2009/12/federal-appeals-court-rules-against-dc-in-gun-suit.html --- Missouri to Consider Firearms Freedom Act: ...The bill is, in other words, a virtual copy of legislation that has already passed in Montana and Tennessee, and is being considered elsewhere. The BATFE, as is typical of a federal government agency, is not taking kindly to what the Justice Department sees as an encroachment on its rightful power. The court fight is starting to take shape in Montana, with the Montana Shooting Sports Association (MSSA) and Second Amendment Foundation (SAF) having filed a lawsuit in federal court (but note the large dog who is not barking)... I have pointed out that the Obama administration has shown some willingness to refrain from enforcement of federal law that contradicts state law - on one issue, anyway. I'm still looking forward to seeing how the administration will justify taking a much more aggressive stance when it comes to guns. (As I recall, the Montana law does not apply to machine guns but does apply to suppressors and, I believe, short-barrel rifles and shotguns, all three of which are covered under NFA.) http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2009m12d10-Missouri-to-introduce-Firearms-Freedom-Act?cid=exrss-St-Louis-Gun-Rights-Examiner --- Colorado Backslides: It was a rough week for gun rights in Colorado. First, Colorado State University voted to ban concealed firearms on campus. Then the University of Colorado went a few steps further and cracked down on another nefarious threat: Nerf guns. Plans for a student-led game of humans vs. zombies took a hit after campus security officials discovered that players intended to use the popular orange-and-green toy weaponry. Simulated guns, even those that shoot spongy Nerf balls, are banned at the University of Colorado... The CSU Board of Governors voted unanimously Dec. 4 to ban concealed weapons over the objections of students. Presidents of the Colorado State system have until February to submit a weapons plan that complies with the new policy. At CU, the ban on Nerf guns isn't new. University officials pointed out that the Board of Regents banned simulated weapons from campus years ago, rather than just in time to suck the fun out of last week's game. http://www.washingtontimes.com/news/2009/dec/11/university-expands-gun-ban-to-nerfs/ --- Arizona Security Officer Convicted of Firearm Possession: A former Tucson security guard who shot and paralyzed a shoplifting suspect has been found guilty of being a prohibited weapons possessor... Kosatschenko was charged with being a prohibited possessor in June after he shot and paralyzed a possible shoplifter while working as a security guard at a south-side convenience store. According to authorities, Kosatschenko shot Daniel Tarango to prevent Tarango from running over another guard, who had fallen under Tarango's car. The Pima County Attorney's Office opted not to seek an indictment against Kosatschenko pertaining to the shooting but charged him with possession of a deadly weapon by a prohibited possessor. Kosatschenko lost his right to bear arms at age 13, when he was "adjudicated delinquent" on two counts of aggravated assault, a felony charge, and placed on probation. During his one-day bench trial on Nov. 30, Kosatschenko's attorney, Brad Roach, argued that his client should be acquitted because the state Department of Public Safety issued Kosatschenko's weapons permit with out having checked Kosatschenko's juvenile criminal history... http://www.azstarnet.com/metro/320713 --- California Sheriff Supports CCW: The best gift for a law-abiding citizen this Christmas might be a concealed-weapons permit. Even though Fresno police always are putting out press releases that claim crime is down, the city doesn't feel safe. Nor does it appear safe. Not on my side of town, at least. Not south of McKinley Avenue. Look, there was a time when I believed that more guns led to more violence. Now, in my gut, I have to agree with Fresno County Sheriff Margaret Mims. She says that a society is safer when responsible people bear arms. "I think it's a good idea to keep the bad guys guessing so that they never know when they're coming up against a citizen who is carrying," Mims says. Under California law, each sheriff can issue a concealed-weapons permit to anyone with a clean record who has "good cause." Some sheriffs are stingy with permits. Others, such as Mims, believe the permits should go to any eligible person. For Mims, " 'Good cause' is, I can't put a deputy sheriff with every single citizen." ... (It's really great to see this in the pages of The Fresno Bee, historically one of California's most left-leaning newspapers.) http://www.fresnobee.com/columnists/mcewen/story/1742726.html --- Oops, Wrong Veteran: Police say a 76-year-old man shot at an armed robber, but the man got away. Now police need your help in finding him. Bill Dowis says he was terrified. He sells firewood off of his porch. For the past couple of days, two men have been showing up to buy firewood. On the third day, the suspect asked to wash his hands and the Korean War veteran let him in. "He was standing here and he pulled the pistol out and cocked it and said 'give me your money.' I said 'I got none here, the money is down the hall,'" Dowis said. So, they walked down the hall and into one of his bedrooms where the man filled his pockets with so much money his pants fell down, Dowis said. That's when the victim says the robber ordered Dowis to give him a pillow case... The suspect ordered him onto his knees and made him face the wall. Dowis thought he was going to be killed. So as the man drug the pillow case full of money into the living room, Dowis grabbed a .357 magnum out of the night stand. He walked into the hallway about 20 feet away from the suspect as he came back for more money. Dowis fired a single round, missing the armed robber by what Dowis said was inches. Dowis will not be letting anyone else into his home ever again and he said he will also be keeping all of the guns in his house loaded from now on... (It's not just a matter of keeping the guns loaded, it's a matter of keeping at least one on your person. Loaded, unsecured firearms can be a liability.) http://www.cbsatlanta.com/news/21927016/detail.html --- Oops, Wrong House: Gerald Yoakum said he was protecting his family when he fired two shots at a man police said was a would-be burglar, but he doesn't feel very heroic. "I'm having a real problem with it," said Yoakum, a Manvel [TX] attorney who says he is a Christian. "I never thought I would have to shoot at somebody." At about 12:30 a.m. Sunday, Yoakum saw the shadow of a hooded figure pass outside his bedroom window. His 17-year-old daughter had just gone outside to the guest house to play video games and Yoakum knew there wasn't supposed to be anyone else there. He grabbed a .38 caliber revolver and took it to the garage door inside the home, in the kitchen, and placed the gun on a counter before going into the garage. The front garage door was closed but a back door was open, he said... The suspect, Christopher Hernandez, 18, had a knife, Yoakum said. At some point in the interaction, Baker said Hernandez moved toward the door where Yoakum was, and Yoakum retrieved his pistol... Yoakum said he saw Hernandez reach toward the knife, which was partially hidden inside the pocket of his jeans. "I wasn't going to wait until he was on top of me," Yoakum said. The commotion brought Yoakum's 5-year-old son to the garage door. "Everything happened so fast," Yoakum said. "I fired twice. I aimed low. I didn't want that knife to end up in my chest." Hernandez was hit once in the left shin. He was taken by ambulance to Memorial Hermann Hospital in Houston in good condition, Baker said. "I was just glad he wasn't dead," said Yoakum, who is trained to use firearms and has a concealed-carry license. "I didn't want to take anybody's life. I've often said I pray I'll never have to use the weapon I carry. I talked to the kid while he was laying there. I asked him why he had the knife. He said I could take it." ... (I have to wonder about "trained to use firearms." Mr. Yoakum seems to be a bit lacking in mental preparedness, tactics and skills. The Commandment does not enjoin killing, it enjoins murder. Setting the firearm down in the kitchen is not a wise tactic. I don't know how low he was aiming but a shot in the shin may well have been lower than he was aiming; a shot to the pelvis, assuming a full-power handgun, would have been in order.) http://thefacts.com/story.lasso?ewcd=3051efe03299cb7c --- Rule Two, Rule Three Reminder: A Longview [WA] man accidentally shot himself in his hand outside the Longview Walmart Saturday morning, trying to put ammunition into his newly purchased gun. The man, 64, bought a 9 mm gun Friday from Four Corners General Store in Castle Rock, Longview police officer Chuck Davis said. Saturday, he bought ammunition for it at Walmart and was loading the gun in his vehicle in the store's parking lot around 11:30 a.m. when it accidentally went off. The bullet went through the palm of his left hand, then struck the driver's door and the side view mirror, Davis said. The incident happened near McDonald's on the north side of the parking lot, though several people nearby were unaware of the incident, Davis said. The man drove himself to the hospital and while there, he showed Davis he could still move his fingers, the officer said. No citation will be issued. (Rule Two: Don't let the muzzle cross anything you're not prepared to shoot. Rule Three: Keep your finger out of the trigger guard, up on the frame, until your sights are on the target and you're prepared to fire.) http://www.tdn.com/business/local/article_2edcf01e-6ea4-5dd3-87de-a9a6a19681cc.html --- Glock 21 kaBoom!: At first glance, the Glock 21 Marshall County (WV) Chief Deputy Kevin Cecil was handling looked like any other gun. But he pointed out there was no trigger, the gun was cracked and the small metal pins were missing... Cecil said a Marshall County officer was shooting at the range Tuesday morning when his service weapon literally blew up in his hand during a round of fire... Cecil says it was the first time the .45-caliber pistol had ever been used... The deputy is now recovering at home. He's still undergoing testing to find out the severity of his injuries. The chief believes bad ammunition caused this bizarre accident, but he's looking into it further... The chief has never seen a weapon malfunction this serious and he said he hopes to never see anything like this again. (A few years back the Portland [OR] Police Bureau experienced kB!'s with at least two G21's, with factory ammo from a major manufacturer. I know not what course other may take, but as for me, I'll take my Glocks in 9x19mm.) http://www.wtov9.com/news/21866969/detail.html --- USMC to Replace M249: The U.S. Marine Corps has selected the Heckler & Koch Infantry Automatic Rifle, an AR-type carbine that's based on the HK416 carbine/SBR (Short Barreled Rifle) platform, Marine Times is reporting. The carbine replaces the FN M249 SAW/LMG (Squad Automatic Weapon/Light Machine Gun) that's been used since 1984. The HK IAR is a 5.56×45mm NATO (5.56mm NATO) gas piston/op-rod AR-15-config lighter-weight rifle/carbine package that's "easier for mobile infantry warfighters to carry and employ/deploy than an M249, but also gives them an similar weapons signature to the rest of the fire team/rifle squad, so they're harder to identify, and thus target, by enemy forces," according to Defense Review. Several Marines are concerned about the reduction in firepower compared to the M249, because the IAR is mag-fed not belt-fed, and therefore isn't designed to operate with a 200-round drum/ammo container. http://www.policemag.com/Channel/Weapons/News/2009/12/07/USMC-Selects-H-K-Carbine-To-Replace-FN-M249.aspx http://www.defensereview.com/us-marine-corps-selects-hk-iar-infantry-automatic-rifle-as-replacement-for-fn-m249-sawlmg/ --- FBI Orders 20mm Rifles: The FBI is buying two 20mm sniper rifles. The U.S. FBI (Federal Bureau of Investigation) is a police organization. Mostly, FBI agents investigate, but they have guns, and they also have special weapons units. The 20mm sniper rifle is a special weapon. The two MagFed 20mm rifles will cost about $13,000 each. The company that builds this model specializes in customizing each one to whatever the buyer wants. This is apparently what the FBI wants, a very special model, because the FBI said that only this model would do. The 20mm rifle is intended mainly for destroying equipment at long ranges. Like motor vehicles, or even slow moving, and low flying, aircraft. Or small boats. The 20mm projectile weighs four ounces, and moves at 2,200 feet per second. The operational range of the 20mm round is 1,300 meters. In the hands of an expert shooter, the 20mm round can hit targets over 50 percent farther. The 20mm ammo available as armor-piercing incendiary or high explosive rounds. The 20mm sniper rifles was developed from similar World War II weapons, which were used for anti-tank work. But those weapons weighed 200 pounds and up. The modern 20mm rifles benefit from advances in recoil suppression technology. You don't risk a broken shoulder firing them. It's also not as difficult as it appears to transport. Most 20mm rifles breaks down into two 25-35 pound loads. Thus a two or three man sniper team can handle it... (Those who have read John Ross's Unintended Consequences will recall the 20mm rifles in that book.) http://www.strategypage.com/htmw/htweap/articles/20091207.aspx Tangentially Related: This study asks several questions. First, is a Stability Police Force (SPF) necessary? An SPF is a high-end police force that engages in a range of tasks such as crowd and riot control, special weapons and tactics (SWAT), and investigations of organized criminal groups. In its ability to operate in stability operations, it is similar to such European forces as the Italian Carabinieri and French Gendarmerie. Its focus on highend tasks makes it fundamentally different from UN or other civilian police, who deal with more routine law and order functions. It is also different from most military forces, which are generally not trained and experienced to conduct policing tasks in a civilian environment. Second, if an SPF is necessary, what should it look like? This includes considering such issues as: its objectives, tasks, and size; its speed of deployment; its institutional capabilities; where it should be headquartered in the U.S. government and how it should be staffed (standing force, reserve force, and hybrid force); and its cost... (This RAND Corporation study is couched in terms of an SPF for deployment to other, small nations. However, when one considers that the US military appears to have been assigned a major role in domestic law enforcement [http://www.northcom.mil/About/index.html], I think I'll keep my salt shaker handy.) http://www.rand.org/pubs/monographs/2009/RAND_MG819.pdf -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. The tactics and skills to use a firearm in self-defense don't come naturally with the right to keep and bear arms. http://www.spw-duf.info .