Category Archive 'Gun Control'
16 May 2007

Father Complies With Illinois Gun Law On Baby’s Behalf

AP:

Bubba Ludwig can’t walk, talk or open the refrigerator door — but he does have his very own Illinois gun permit.

The 10-month-old, whose given name is Howard David Ludwig, was issued a firearm owner’s identification card after his father, Howard Ludwig, paid the $5 fee and filled out the application, not expecting to actually get one.

The card lists the baby’s height (2 feet, 3 inches), weight (20 pounds) and has a scribble where the signature should be.

With some exceptions, the cards are required of any Illinois residents purchasing or possessing firearms or ammunition within the state. There are no age restrictions on the cards, an official said.

Illinois State Police oversee the application process. Their purpose, said Lt. Scott Compton, is to keep guns out of the hands of convicted felons, those under an order of protection and those convicted of domestic violence.

“Does a 10-month-old need a FOID card? No, but there are no restrictions under the act regarding age of applicants,” he said.

Ludwig, 30, of Chicago, applied for the card after his own father bought Bubba a 12-gauge Beretta shotgun as a gift. The weapon will probably be kept at Ludwig’s father’s house until the boy is at least 14.

02 May 2007

Gonzalez Implicitly Resigns

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The Left has been accusing the Bush Administration of trampling Americans’ Constitutional rights with little basis for some time. So, what do you know? Alberto Gonzalez, the Attorney General currently considerably under fire from the Left, really is trying an Constitutional endrun.

The Second Amendment Foundation yesterday issued this press release:

Attorney General Alberto Gonzales’ troubling support of legislation that would allow him and future attorneys general the arbitrary power to block firearms purchases without due process is cause for him to step down as the nation’s highest ranking law enforcement officer, the Second Amendment Foundation said today.

The bill, S. 1237, was introduced last week at the Justice Department’s request by Sen. Frank Lautenberg (D-NJ), one of the most extreme anti-gunners in Congress. Called the “Denying Firearms and Explosives to Dangerous Terrorists Act of 2007,” this legislation would give the Attorney General discretionary authority to deny the purchase of a firearm or the issuance of a firearm license or permit because of some vague suspicion that an American citizen may be up to no good.

“This bill,” said SAF founder Alan Gottlieb, “raises serious concerns about how someone becomes a ‘suspected terrorist.’ Nobody has explained how one gets their name on such a list, and worse, nobody knows how to get one’s name off such a list.

“The process by which someone may appeal the Attorney General’s arbitrary denial seems weak at best,” Gottlieb suggested, “and there is a greater concern. When did we decide as a nation that it is a good idea to give a cabinet member the power to deny someone’s constitutional right simply on suspicion, without a trial or anything approaching due process?

“We’re not surprised that General Gonzales has found an agreeable sponsor in Frank Lautenberg,” Gottlieb observed. “The senator from New Jersey has never seen a restrictive gun control scheme he did not immediately embrace, and S. 1237 is loaded with red flags. It would allow an appointed bureaucrat the authority to suspend or cancel someone’s Second Amendment right without even being charged with a crime.

“Attorney General Gonzales has no business asking for that kind of power over any tenet in the Bill of Rights,” Gottlieb said. “He took an oath to uphold the Constitution, not trample it. Perhaps it is time for him to go.”

When you are being actively attacked by the Left, and you proceed to stab-in-the-back your own base on the Right which is defending you, I would call that “implicitly resigning.” Mr. Gonzalez might as well make the implicit explicit.

28 Apr 2007

DC Drops Charges Against Senator Webb’s Aide

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AP reports:

Authorities dropped charges Friday against an aide to Virginia Sen. Jim Webb who carried a loaded gun into the U.S. Capitol complex.

“After reviewing and analyzing all of the evidence in the case, we do not believe the essential elements of the crime of carrying a pistol without a license can be proved beyond a reasonable doubt,” U.S. Attorney Jeff Taylor, top prosecutor in the District of Columbia, said in a short statement.

Well and good, readers probably think.

But Mr. Taylor and the Associated Press are overlooking the fact the Second Circuit struck down the District’s gun law in Parker v. District of Columbia on March 9th. Mr. Thompson was arrested on March 26th.

Charges have been dropped, but you can rest assured that thousands of dollars in defense legal fees were accrued. (Let’s hope Jim Webb is paying them.)

And a record of Mr. Thompson’s arrest and his fingerprints have been retained by the FBI.

Original report

Follow up

28 Apr 2007

Katsujin-ken Satsujin-to

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Dan Simpson‘s editorial is an unfortunately typical expression of the excessive and exaggeratedly phobic attitudes of members of our over-domesticated, metrosexual intelligentsia toward firearms.

Guns are regarded as detestable and intrinsically dangerous objects which need to be kept under official control at all times, ideally in bank vaults. Their complete removal from American society is so unquestionably desirable that even house-to-house searches, and the shredding of the Bill of Rights, would be a perfectly acceptable price.

Obviously, this kind of policy proposal represents not a practical response to a real problem, but rather an irrational and emotional outburst, indifferent to benefits and costs, oblivious to process and law, expressive of an overwhelming combination of fear and aversion so profound as to dispense completely with practicality, proportionality, and cause and effect.

This kind of hostility toward firearms, this hoplophobia, needs to be recognized as the kind of irrationalism that it is.

In a sane society, familiarity and skill with arms, possession of the ability to defend oneself and others would be looked upon as essential components of every man’s education.

In dojos offering training in kendo and aikido, the following phrase written in the grass script on a scroll is commonly hung for purposes of admonition and inspiration.

These Japanese radicals are pronounced Katsujin-ken Satsujin-to (sometimes, Katsujinken satsujinken) meaning “The sword which kills is the sword which gives life.”

They are often rendered more explicitly in English as “The sword which cuts down evil is the sword which preserves life.”

This adage is attributed to the masters of YagyÅ« school, the Tokugawa shoguns’ personal instructors in swordsmanship.

And those Yagyū school sword sensei-s were right. The rightful use of weapons is essential in an imperfect world to defend innocent lives against unjust violence.

A wider commitment to skill at arms and a more common readiness to defend the innocent would be infinitely more effective at saving the lives of victims of attacks by madmen and criminals than a totalitarian program attempting to enforce universal disarmament.

Katsu-tempo satsu-tempo.

At Virginia Tech, a gun in the hands of the right bystander could have been the gun which destroyed evil and the gun which preserved life.

27 Apr 2007

A Liberal Fantasy: Disarming America

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A liberal indulges in a pretty repulsive bit of fantasy in the Toledo Blade.

Now, how would one disarm the American population? First of all, federal or state laws would need to make it a crime punishable by a $1,000 fine and one year in prison per weapon to possess a firearm. The population would then be given three months to turn in their guns, without penalty.

Hunters would be able to deposit their hunting weapons in a centrally located arsenal, heavily guarded, from which they would be able to withdraw them each hunting season upon presentation of a valid hunting license. The weapons would be required to be redeposited at the end of the season on pain of arrest. When hunters submit a request for their weapons, federal, state, and local checks would be made to establish that they had not been convicted of a violent crime since the last time they withdrew their weapons. In the process, arsenal staff would take at least a quick look at each hunter to try to affirm that he was not obviously unhinged.

It would have to be the case that the term “hunting weapon” did not include anti-tank ordnance, assault weapons, rocket-propelled grenade launchers, or other weapons of war.

All antique or interesting non-hunting weapons would be required to be delivered to a local or regional museum, also to be under strict 24-hour-a-day guard. There they would be on display, if the owner desired, as part of an interesting exhibit of antique American weapons, as family heirlooms from proud wars past or as part of collections.

Gun dealers could continue their work, selling hunting and antique firearms. They would be required to maintain very tight inventories. Any gun sold would be delivered immediately by the dealer to the nearest arsenal or the museum, not to the buyer.

The disarmament process would begin after the initial three-month amnesty. Special squads of police would be formed and trained to carry out the work. Then, on a random basis to permit no advance warning, city blocks and stretches of suburban and rural areas would be cordoned off and searches carried out in every business, dwelling, and empty building. All firearms would be seized. The owners of weapons found in the searches would be prosecuted: $1,000 and one year in prison for each firearm.

Clearly, since such sweeps could not take place all across the country at the same time. But fairly quickly there would begin to be gun-swept, gun-free areas where there should be no firearms. If there were, those carrying them would be subject to quick confiscation and prosecution. On the streets it would be a question of stop-and-search of anyone, even grandma with her walker, with the same penalties for “carrying.”

A fine fantasy, if the idea of living like a herd animal under the complete control of the state appeals to you.

I also find it remarkable how eager liberals are to trample the rights of hundreds of millions of Americans in order to attempt to prevent the crimes committed by an infinitesimally small number of deranged people. And I find the limitless faith in these kinds of ameliorist schemes even more remarkable. If you are a liberal, the calculative power of human reason expressed via governmental force is omnipotent. Just pass yourself a law, and “so let it be written, so let it be done.”

Liberals don’t believe that a lot of people would bury or otherwise conceal their guns. Liberals don’t realize that new guns can be built in American basements with hand tools the same way the are built in Afghan villages. Liberals don’t understand that black markets invariably spring up to provide any banned commodity. Existing laws would not have stopped the Virginia Tech shooter from obtaining heroin and cocaine if he wanted them.

26 Apr 2007

WWI Trophy Means Legal Problems For Smalltown Library

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German Maschinengewehr 08

The Boston Globe reports that the discovery in its attic of a German machine-gun captured in the course of one of the most famous American battlefield feats of valor in WWI has delivered the smalltown library of Nahant, Massachusetts into the clutches of the BATF.

The National Firearms Act of 1934 required fully-automatic weapons (even war trophies) to be federally licensed.

Sergeant Alvin York‘s against-all-odds capture of a heavily fortified German machine gun nest in the Argonne Forest of France 89 years ago made York an American legend.

With seven other American infantrymen, he took 132 German prisoners and silenced German machine guns that had slaughtered Allied troops. His actions earned the humble Tennessee farmer an iconic status alongside Daniel Boone and a title declaring him the greatest American hero of World War I. He was held up as the very embodiment of humility and courage.

Which is why officials at Nahant’s public library were thrilled four years ago to discover what they say is one of the captured German machine guns in the library attic.

“I tripped over the gun one day, not knowing what it was,” said Daniel deStefano, the library’s director. “I picked up what I thought was a pipe. It was the barrel of the gun.”

Library officials say they researched markings on the gun and searched local newspaper archives and town documents for answers about the weapon’s origin, determining that the gun had been given to the town in 1918 by an Army clerk, Nahant native Mayland Lewis.

According to the research, Lewis had plucked the weapon from a pile given up by surrendering Germans and shipped it home. Briefly prized as a souvenir of the war, it was paraded through the town on Armistice Day in 1919 by Boy Scouts who towed it in a red wagon. But over the years it faded from public view.

Its rediscovery stoked dreams of a big windfall for the library, where officials had been pondering ways to finance an expansion of the cramped facility and an upgrade of an antiquated cataloging system. Library officials said they contacted several auctioneers in New England who estimated the weapon’s value at $100,000 and perhaps several times more than that.

But the dreams didn’t last long. Library officials soon learned that the gun is illegal and that they can do very little with it.

Federal gun laws prohibit possession or sale of automatic guns unless they are registered with the US Bureau of Alcohol, Tobacco, Firearms, and Explosives. In the library attic for years, the German machine gun was never registered. The library isn’t allowed to register the gun now because federal law prohibits new registrations on automatic weapons, except in rare circumstances.

Since it is illegal for the library even to have the gun, Nahant police took it and stored it under lock and key in an evidence locker, forestalling seizure by the ATF.

“We cannot hold onto this weapon,” deStefano said. “If we kept it on the premises, they were going to come and get it, and they were going to destroy it. This is a piece of history. We’re kind of caught between a rock and a hard place.”

The town has appealed to the ATF for permission to sell the gun, but so far, bureau officials have rejected the pleas.

A spokesman for the ATF said yesterday that it would be possible for the Nahant police to register the gun and take responsibility for it, which would prevent it from being destroyed. They could also possibly transfer it to another public agency, but it’s unlikely that it can be sold on the market , according to Jim McNally, a spokesman in Boston for the ATF .

He said the agency — at the request of US Representative John F. Tierney, a Salem Democrat — is researching options that Nahant might be allowed under the law, such as transferring the gun to a private museum.

“There are pretty clear-cut laws when it comes to automatic weapons,” McNally said yesterday. “This is a unique weapon, and it would be sad to see it destroyed. Whether it can raise money for what they’re looking for is another matter.”

In an effort last fall to get special permission to register the gun, town officials approached Tierney and Senators Edward M. Kennedy and John F. Kerry for legislation that would grant the town an exception to the restrictions. Neither Kerry nor Kennedy responded.

Tierney issued a statement yesterday calling the machine gun a “remarkable object” and said his office is engaged in discussions with the ATF.

The library’s machine gun discovery was first reported Monday by The Daily Item in Lynn.

Richard Hallion, a military historian who has studied Hiram Maxim, a Maine native who built the first effective machine gun, said he knew of no other gun from the York battle. He believes that numerous museums might be interested in preserving this one.

But Chris Berg, who owns a company that specializes in historic military weapons, said that the library’s gun is worth little because it is not registered.

“In all honesty,” he said, “it’s only worth $500.” He said if it were registered and legal to sell, he would pay at least $50,000.

23 Apr 2007

Mark Steyn on Liberal Hoplophobia

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Mark Steyn comments pretty acerbically on the academic intelligentsia’s aversion to weapons and self-defense… and to reality.

…at Yale, the dean of student affairs, Betty Trachtenberg, reacted to the Virginia Tech murders by taking decisive action: She banned all stage weapons from plays performed on campus. After protests from the drama department, she modified her decisive action to “permit the use of obviously fake weapons” such as plastic swords. …

I think we have a problem in our culture not with “realistic weapons” but with being realistic about reality. After all, we already “fear guns,” at least in the hands of NRA members. Otherwise, why would we ban them from so many areas of life? Virginia Tech, remember, was a “gun-free zone,” formally and proudly designated as such by the college administration. Yet the killer kept his guns and ammo on the campus. It was a “gun-free zone” except for those belonging to the guy who wanted to kill everybody. Had the Second Amendment not been in effect repealed by VT, someone might have been able to do as two students did five years ago at the Appalachian Law School: When a would-be mass murderer showed up, they rushed for their vehicles, grabbed their guns and pinned him down until the cops arrived.

But you can’t do that at Virginia Tech. Instead, the administration has created a “Gun-Free School Zone.” Or, to be more accurate, they’ve created a sign that says “Gun-Free School Zone.” And, like a loopy medieval sultan, they thought that simply declaring it to be so would make it so. The “gun-free zone” turned out to be a fraud — not just because there were at least two guns on the campus last Monday, but in the more important sense that the college was promoting to its students a profoundly deluded view of the world.

I live in northern New England, which has a very low crime rate, in part because it has a high rate of gun ownership. We do have the occasional murder, however. A few years back, a couple of alienated loser teens from a small Vermont town decided they were going to kill somebody, steal his ATM cards, and go to Australia. So they went to a remote house in the woods a couple of towns away, knocked on the door, and said their car had broken down. The guy thought their story smelled funny so he picked up his Glock and told ’em to get lost. So they concocted a better story, and pretended to be students doing an environmental survey. Unfortunately, the next old coot in the woods was sick of environmentalists and chased ’em away. Eventually they figured they could spend months knocking on doors in rural Vermont and New Hampshire and seeing nothing for their pains but cranky guys in plaid leveling both barrels through the screen door. So even these idiots worked it out: Where’s the nearest place around here where you’re most likely to encounter gullible defenseless types who have foresworn all means of resistance? Answer: Dartmouth College. So they drove over the Connecticut River, rang the doorbell, and brutally murdered a couple of well-meaning liberal professors. Two depraved misfits of crushing stupidity (to judge from their diaries) had nevertheless identified precisely the easiest murder victims in the twin-state area. To promote vulnerability as a moral virtue is not merely foolish. Like the new Yale props department policy, it signals to everyone that you’re not in the real world.

The “gun-free zone” fraud isn’t just about banning firearms or even a symptom of academia’s distaste for an entire sensibility of which the Second Amendment is part and parcel but part of a deeper reluctance of critical segments of our culture to engage with reality. Michelle Malkin wrote a column a few days ago connecting the prohibition against physical self-defense with “the erosion of intellectual self-defense,” and the retreat of college campuses into a smothering security blanket of speech codes and “safe spaces” that’s the very opposite of the principles of honest enquiry and vigorous debate on which university life was founded. And so we “fear guns,” and “verbal violence,” and excessively realistic swashbuckling in the varsity production of ”The Three Musketeers.” What kind of functioning society can emerge from such a cocoon?

Whole thing.

21 Apr 2007

Crazy People Not Permitted to Buy Guns

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The ever-astute New York Times has discovered that, in theory, existing federal law should have prevented the perpetrator of the Virginia Tech shootings from purchasing a gun.

When you buy a gun, you are required to fill out and sign a form which asks if you have ever been adjudicated legally incompetent, mentally incapacitated, or been involuntarily committed to a mental institution.

Firearms Purchase Eligibility

This sort of thing is exactly like the Post Office asking you to sign a form promising that the package you are mailing does not contain prohibited items or a bomb.

Asking ordinary people to fill out these kinds of forms is a complete waste of time, and the persons the form is intended to block will always simply lie.

And there is no point in singling out Virginia. Local adaptations of the same federal form 4473 are used in every state.

Example: Minnesota version

WASHINGTON, April 20 — Under federal law, the Virginia Tech shooter Seung-Hui Cho should have been prohibited from purchasing a gun after a Virginia court declared him to be a danger to himself in late 2005 and sent him for psychiatric treatment, a government official and several legal experts said Friday.

Federal law prohibits anyone who has been “adjudicated as a mental defective,” as well as those who have been involuntarily committed to a mental health facility, from purchasing a gun.

A special justice’s order in late 2005 that directed Mr. Cho to seek outpatient treatment and declared him to be mentally ill and an imminent danger to himself fits the federal criteria and should have immediately disqualified him, said Richard J. Bonnie, chairman of the Supreme Court of Virginia’s Commission on Mental Health Law Reform. A spokesman for the Federal Bureau of Alcohol, Tobacco and Firearms also said if that if found mentally defective by a court, Mr. Cho should have been denied a gun.

The federal law defines adjudication as a mental defective to include “determination by a court, board, commission or other lawful authority” that as a result of mental illness, the person is a “danger to himself or others.”

Mr. Cho’s ability to purchase two guns despite his history of mental illness has cast new attention on Virginia’s relatively lax gun laws. And since states are supposed to enforce federal gun laws, the sales raise questions about whether Virgina — and other states — fully comply with the federal restrictions.

20 Apr 2007

Yale is Run by Idiots

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We’ve known that since early in our own Freshman year, of course. But Dean of Undergraduate Affairs Betty Trachtenburg (PC-enforcer for the University) really outdid herself in the liberal stupidity department with this response to the Virginia Tech Shootings.

Oldest College Daily:

In the wake of Monday’s massacre at Virginia Tech in which a student killed 32 people, Dean of Student Affairs Betty Trachtenberg has limited the use of stage weapons in theatrical productions.

Students involved in this weekend’s production of “Red Noses” said they first learned of the new rules on Thursday morning, the same day the show was slated to open. They were subsequently forced to alter many of the scenes by swapping more realistic-looking stage swords for wooden ones, a change that many students said was neither a necessary nor a useful response to the tragedy at Virginia Tech.

According to students involved in the production, Trachtenberg has banned the use of some stage weapons in all of the University’s theatrical productions. While shows will be permitted to use obviously fake plastic weapons, students said, those that hoped to stage more realistic scenes of stage violence have had to make changes to their props.

Trachtenberg could not be reached for comment Thursday night.

Hat tip to Tim of Angle.

19 Apr 2007

Worst Mass Murder in US History?

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The Jawa Report catches newspapers from Savannah, Bradenton, San Jose, Trenton, and Canada referring to the shootings at Virginia Tech as the worst mass murder in U.S. history, and the Seattle Post-Intelligencer doing only slightly better referring to the second worst mass murder in U.S. history.

Truth is, the Virginia Tech shooting rampage, while tragic, was not “the worst mass murder in U.S. history.” It wasn’t the “second worst mass murder in U.S. history,” or even the third, or the fourth.

The 9/11 attacks (2,998 deaths), the Oklahoma City bombing (168 deaths), the HappyLand arson (87 deaths) and the Bath, Michigan bombing (45 deaths) all claimed more victims than the Virginia Tech shootings (32 deaths).

But, as Vinnie noted yesterday, those events don’t fit neatly into the anti-gun political agenda, so they need to go down the memory hole, thereby leaving the Virginia Tech shootings as “the worst mass murder in U.S. history,” with Charles Whitman’s shooting rampage taking a close second.

19 Apr 2007

Father of Criminology on Gun Control

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Gary Koppel quotes Beccarria, the father of Criminology, on Gun Control.

Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”

18 Apr 2007

People Don’t Stop Killers; People With Guns Do

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Glenn Reynolds editorialized in the New York Daily News today on the subject of campus firearm bans, which did not deter the killer, but which could very possibly have prevented his being stopped a lot earlier.

On Monday, as the news of the Virginia Tech shootings was unfolding, I went into my advanced constitutional law seminar to find one of my students upset. My student, Tara Wyllie, has a permit to carry a gun in Tennessee, but she isn’t allowed to have a weapon on campus. That left her feeling unsafe. “Why couldn’t we meet off campus today?” she asked.

Virginia Tech graduate student Bradford Wiles also has a permit to carry a gun, in Virginia. But on the day of the shootings, he would have been unarmed for the same reason: Like the University of Tennessee, where I teach, Virginia Tech bans guns on campus.

In The Roanoke Times last year – after another campus incident, when a dangerous escaped inmate was roaming the campus – Wiles wrote that, when his class was evacuated, “Of all of the emotions and thoughts that were running through my head that morning, the most overwhelming one was of helplessness. That feeling of helplessness has been difficult to reconcile because I knew I would have been safer with a proper means to defend myself.”

Wiles reported that when he told a professor how he felt, the professor responded that she would have felt safer if he had had a gun, too.

What’s more, she would have been safer. That’s how I feel about my student (one of a few I know who have gun carry permits), as well. She’s a responsible adult; I trust her not to use her gun improperly, and if something bad happened, I’d want her to be armed because I trust her to respond appropriately, making the rest of us safer.

Virginia Tech doesn’t have that kind of trust in its students (or its faculty, for that matter). Neither does the University of Tennessee. Both think that by making their campuses “gun-free,” they’ll make people safer, when in fact they’re only disarming the people who follow rules, law-abiding people who are no danger at all.

This merely ensures that the murderers have a free hand. If there were more responsible, armed people on campuses, mass murder would be harder.

In fact, some mass shootings have been stopped by armed citizens. Though press accounts downplayed it, the 2002 shooting at Appalachian Law School was stopped when a student retrieved a gun from his car and confronted the shooter. Likewise, Pearl, Miss., school shooter Luke Woodham was stopped when the school’s vice principal took a .45 from his truck and ran to the scene. In February’s Utah mall shooting, it was an off-duty police officer who happened to be on the scene and carrying a gun.

Police can’t be everywhere, and as incidents from Columbine to Virginia Tech demonstrate, by the time they show up at a mass shooting, it’s usually too late. On the other hand, one group of people is, by definition, always on the scene: the victims. Only if they’re armed, they may wind up not being victims at all.

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