Breaking: FPC wins California assault weapons ban lawsuit

In 2019 the Firearms Policy Coalition filed a lawsuit, Miller v. Beccera, challenging California’s oppressive “assault weapons” ban.

Good news: as of today, they won the lawsuit.

Neutral news: the judge, Roger Benitez, issued a temporary 30 day stay of his order to give the state a chance to appeal.

Bad news: the state is almost certain to appeal.

If you’re not already a member of the FPC, now would be a good time to join and support such great work. The CRPA also is a perennial thorn in the side of the antis, and does other good works: you might as well join there too.

Stupid Laws

Twelve years ago (where the hell did the time go?) I bought a Bushmaster XM15 AR variant in Arizona. It’s a great rifle and has a fixed stock, A3-style detachable carry handle, 20″ barrel, etc.

It’s also specifically banned by make and model number by the state of California who, in their infinite wisdom, decided it was too dangerous for mere mortals to own. Possessing such an evil “assault weapon” in the state is a serious crime regardless of whether or not I install a fixed magazine.

However, if I were to strip the lower (that is, remove the fire control group, springs, pins, etc.), get a new lower such as those made by a variety of companies and which can cost as little as $50 or make my own from an 80% lower, install a fixed magazine, assemble the new lower with the parts from the stripped lower, and mount the original Bushmaster upper on that newly-assembled lower then everything would be perfectly legal so long as the lower marked “XM15” is not brought into the state.

Literally the only difference is that the lower is a chunk of aluminum — forged by the same company, no less — with different writing on the side, yet one is legal in California and one isn’t.

Hooray for stupid laws.

Liability in gun-free zones?

The recent shooting in Oregon got me thinking about liability and gun-free zones.
Our opponents have proposed limiting gun ownership by mandating gun-owners carry liability insurance (( Somehow they ignore existing renters/homeowners policies that cover accidental injury or death, including those involving guns, and which are typically quite affordable, and think that “gun insurance” would be prohibitively expensive. )).
Why don’t we, the gun-owning community, turn that around and use it to our advantage? For example, a place that’s open to the public (e.g. a university, stadium, shopping mall, theater, government building, etc.) should be partially liable for violent crimes committed on their property unless they have a “secure environment” in which all people are screened for weapons, security is provided, and unauthorized access is prohibited. Simply putting up a sign and calling it a day would no longer be sufficient.
Think of courthouses and airports: they ban guns, but have screening procedures to ensure that unauthorized people are not armed within the property, and police are readily available in case of any incident.
Can’t afford to provide screening and actual secure environments but still want to disarm law-abiding people? Then you should bear some responsibility in the event that people are victimized on your property. Don’t want to do that either? Easy: let people have the means of protecting themselves.
Naturally, private locations (e.g. homes, private businesses not serving walk-in customers, etc.) would not have such requirements.
Thoughts?

NPR finally notices New Yorkers are ignoring the SAFE act

After New York implemented the SAFE act there’s been incredibly low levels of compliance: people aren’t registering firearms the law says they must — only 45,000 have been registered. Although this has been fairly widely known in the gun community, NPR finally noticed.
Interestingly, they didn’t just interview the anti-gun groups, but actually interviewed regular people:

“I just don’t see there’s any need to [register my guns -AZR],” says Joseph Fuller of Cohoes, N.Y. Fuller says he owns several guns, including at least one that he’s required to register under the SAFE Act. But he hasn’t.
“I don’t pay attention, to be honest,” says Fuller. “I have friends out in the boondocks. They won’t register their guns either. And they told me … don’t even bother. Don’t worry about it.”

They also interviewed the NYSRPA:

“[The SAFE Act] still may be law, but the people of New York state have repealed it on their own,” says Tom King, president of the New York State Rifle and Pistol Association. “They’re just ignoring the law.”

Upstate sheriffs don’t seem to care:

“When I prioritize what I need to do as a sheriff, the SAFE Act comes in at the bottom of that list,” says Christopher Moss, the sheriff in Chemung County, a rural area near the Pennsylvania border. “I do look at it personally as an infringement on Second Amendment rights.”

Leah Barrett with New Yorkers Against Gun Violence is a sad panda, but tries to spin things positively:

“I think 45,000 is a lot of assault weapons. I think it’s evidence of how long overdue this law is,” says Leah Barrett, executive director of New Yorkers Against Gun Violence. Barrett points out that multiple public opinion polls ? including one commissioned by her group ? show that 60 percent of New Yorkers support the SAFE Act.
“They support the background check requirement. They support the state’s ban on military-style assault weapons. They even support the background checks on ammunition sales,” says Barrett, “because they know that these are entirely reasonable.”

No surprise: her definition of “reasonable” differs completely from my own.
The comments are filled with people saying “Hurr, durr. I thought [pro-gun rights people] always said ‘enforce existing laws’, but now they’re opposing the enforcement of this law.” and “So much for ‘law-abiding gun owner’.” Funny how it’s “civil disobedience” when people break the law to support something they like, but how it’s “let’s track down and arrest those felonious, cousin-humping rednecks” when people are breaking the law to support something they don’t like.

How many more?

Yesterday, 9 people died in South Carolina at the hands of a killer.
His victims were disarmed by the state and left with no effective means of self-defense.
Although I can’t say if anyone there?would have carried at the church, they were denied even the freedom to choose by the South Carolina legislature who, in their <sarcasm>superior wisdom</sarcasm>, thought there was no need for anyone to carry in a church, and so made it illegal.
How many more need to die before the concept of a “gun-free zone” is universally realized as the?dangerous and illogical absurdity that it is?

Thoughts on Jackson vs. City & County of San Francisco

So, the Supreme Court declined cert on?Jackson vs. City & County of San Francisco.
Not surprising, really, as there’s not much case law in the lower courts, nor is there disagreement between the circuits. Sure, this should have been a slam-dunk?Heller 2?for the gun-rights side, but not everything works out that way.
Personally, I don’t think it’s a big deal: on a practical level, the cops aren’t going to search people’s homes to see if they’re leaving their gun on the bathroom sink while they take a shower or if they put a gun the kitchen table while they unload stuff from a vehicle. This law would only come into play if something bad happens (e.g. someone leaves a gun out and a kid or irresponsible adult fires it), and even then it’d probably a minor worry compared to the other legal issues one would face in such a situation.
Of course,?I strongly support the notion of securing one’s guns when they’re not in one’s immediate control (especially when kids or irresponsible adults are around), but I dislike legal mandates that are effectively unenforceable and don’t make exceptions for practical, everyday situations.
In a way, I’m glad it worked out this way: the judges clearly are not of one mind in this regard, and it is better to have cert denied here and revisit the issue in the future when the composition of the Supreme Court may have?changed — hopefully with an increase in?the number of justices inclined toward individual liberty — and there’s more of a consensus.
Until then, residents of San Francisco (and other cities that may try implementing such laws) will have to deal with a minor infringement of their liberties. Fortunately, such laws practically have no effect on a day-to-day basis (unlike, say, the CA AWB).
In short: bummer, but probably better in the long run to wait and try again.

BBC: “Drone owners register called for by House of Lords”

Sorry for the long absence: it turns out that PhD research and having an 8-month-old daughter end up sucking up any free time I might otherwise have.
From the BBC?comes this article?about how the House of Lords feels that regulating private unmanned drones (which are essentially glorified RC helicopters) is necessary. Part of those regulations include a database that would register “businesses and other professional users, and then later expand to encompass consumers”.
The committee chairwoman said,?”[W]e need to find ways to manage and keep track of drone traffic. That is why a key recommendation is that drone flights must be traceable, effectively through an online database, which the general public could access via an app.”
Who is “we” and why should drone flights be traceable via an online database or app? Would people flying a drone at the park need to file flight plans?
They also want to impose rules mandating?”geofencing”, where the drones are programmed with “no-fly zones”, as if technically-inclined hobbyists (who are the main operators of non-governmental drones) aren’t going to tinker around and remove those restrictions.
One of the talking heads on the BBC TV program discussing this subject said something along the lines of “In America when one buys a firearm, they need to register it. It should be the same here in Britain with drones.” Of course, that’s not true: very few states require gun registration, and there’s no observed benefit when states do require it.
It appears that the House of Lords thinks bad guys intending to use a drone for malicious purposes care about?violating some aviation-related rule or would have second thoughts about stripping out “no-fly” restrictions from the drone’s software. Mandating that users register is silly as a means of preventing bad guys from getting drones, as bad guys would simply provide false information, buy them in other countries, etc. Same thing with guns.
The current rules regarding unmanned aircraft are pretty reasonable, and I see no reason why one should need or want to change them:

[The Civil?Aviation Authority] prohibits unmanned aircraft from flying closer than 150m (492ft) to any congested area, or within 50m (164ft) of any vessel, vehicle or structure that is not in the control of the person in charge of the aircraft.
The CAA typically bans the use of drones weighing over 20kg (44lb), but lower than that weight they can be used if they remain in the operator’s line of sight.

Spin and the NRA legal challenges in Pennsylvania

Pennsylvania recently passed a law that allows membership groups (read: the NRA), including those without legal standing (that is, they haven’t been directly harmed by a law), to sue cities that have enacted gun laws that violate the state preemption laws. If they win, the plaintiff would be entitled to attorneys fees.
It’s no surprise that clueless anti-freedom people such as Elanor Clift (who recently penned this missive) try to spin this situation as horrible and the NRA as some sort of soulless monster intent on stripping “common sense gun laws” from poor, helpless cities.
For example ((I’m leaving out the absurd misunderstanding of the so-called “Florida loophole” that Ms. Clift makes and am focusing solely on the preemption issue.)),

Ed Foley, the mayor of Jenkintown, a borough in the Philadelphia suburbs, told the Daily Beast that the NRA forced him ?to choose between public safety and financial solvency.? […] Under the threat of a lawsuit brought by the NRA, an ordinance in place since 2010 requiring Jenkintown residents to report lost or stolen firearms at the police station was rescinded in a public meeting. ?It was a hold-your-nose vote,? says Foley. ?It?s such an innocuous law, and it doesn?t do anything to restrict anybody?s right to have a gun. I don?t know why the NRA isn?t a bigger supporter of the police. The police want the law.?

Naturally, they focus on how reasonable and “innocuous” that law is, and that the “police want the law”. Who could argue with something as sensible as requiring that someone who had their gun stolen report that theft to the police?
Indeed, I agree — in principle — that such laws are not an undue burden on honest gun owners, subject to certain conditions. I do, however, think that they’re useless: honest people would report their stolen property to the police anyway and seek reimbursement from their insurance company. Straw purchasers, who the law is seemingly aimed at, probably wouldn’t. Thus, the law would essentially only affect honest people while doing effectively nothing about straw purchasers.
But I digress. The effectiveness or innocuousness ((Which is, I was somewhat surprised to discover, actually a word.)) of a particular law is not the issue. The issue — which is conveniently ignored by anti-gun writers — is that such laws violate state preemption law and are thus invalid. The new law allowing challenges to such invalid, illegal “laws” seeks to remedy this without requiring that someone be made a sacrificial lamb by violating the law and challenging it in court.
If the people of Pennsylvania think that lost-and-stolen laws are a good idea, they’re welcome to write and submit a bill in the state legislature. Such a law would be perfectly legal everywhere in the state. However, cities and other localities lack the legal authority to pass gun laws — any gun laws — in the state, and it’s wrong for them to ignore preemption, even if they have the best of intentions.
Hat tip to Sebastian.

CNN: Bill Clinton: America has ‘bought the NRA’s theory’

Former president Bill Clinton talked with CNN on Wednesday and had a few choice things to say about the NRA. Those familiar with the former president should not be surprised that he looks disparagingly upon the NRA and gun owners:

The former president, in a conversation with CNN’s Erin Burnett at the Clinton Global Initiative meeting in New York, lumped together the NRA, stand your ground laws, and people surrounding themselves only with those who agree with them as problems that lead to a more violent climate in the United States.

He does have a point with the last part — diversity is the spice of life, after all — but he’s way off base on the other points.

“I think we have enhanced the risks by changing the environment, basically, because it seems we bought the NRA’s theory that we would all be safer if everybody in this audience had a gun that was a concealed weapon,” Clinton said. “Then if one of them felt threatened by another, they could stand up right here and stand their ground. And we could watch the whole saga unfold. That is what happens.”

I fail to see how someone being lawfully able to defend themselves when genuinely threatened,?regardless of where they happen to be at the time, is a bad thing.
Stand Your Ground laws are not a blanket license to kill anyone for any reason, but rather simply say that a person has no duty to retreat from a place they have a lawful right to be and can use force (including lethal force) if they?reasonably believe they face an imminent and immediate threat of death or serious bodily injury (emphasis mine). They’d still need to explain themselves to the authorities after the fact, and it’s not uncommon for people invoking “stand your ground” provisions to be found guilty.
Of course, it’s worth pointing out that even with the liberalization of concealed carry, the spread of Stand Your Ground, and other pro-gun-rights policies being enacted, gun-related violent crime is?way down since Clinton was in office.
It looks like America has indeed “bought the NRA’s theory” and that theory is?actually working.

Guns vs. Cars

Miguel over at GFZ posted an image from the?CSGV in which they claim that “strictly regulating cars, drivers, and roads” has resulted in a 90% drop in automotive-related fatality rates in the last century or so.
Leaving aside the fundamental difference that the majority of automotive-related fatalities are due to accidents while the majority of gun-related fatalities are due to intentional acts (either suicide or homicide), I thought it would be interesting to do a quick apples-to-apples comparison between guns and cars:

Regulations on Cars/Guns

The “strict regulations” on cars were almost exclusively related to actual safety concerns of passengers in cars: seat belts, laminated windshields, safety glass, air bags, having electric lights instead of kerosene lamps, not exploding when rear-ended, generally not being made of flimsy materials like wood, etc. Compare, say, a Model T to a modern vehicle and the differences in regards to the safety of the occupants are obvious.
There’s also the matter of the environment in which cars are operated: in the early 1900s, cars were operated alongside pedestrians, horse-drawn carriages, etc. where collisions were much more likely. Modern cars are operated on dedicated roads and highways that are more isolated from pedestrians and slower-moving vehicles.
Guns are similar: guns that fire without the shooter desiring it (e.g. when dropped) are broken, as are guns that explode in normal operating conditions. Such guns are defective and are recalled or replaced. Guns have had many safety mechanisms for a long, long time: the 1911 has both a grip safety and a manual safety. The only major improvement I can think of that modern pistols have made in that regard is the addition of drop safeties.
Modern holsters are extremely safe (more so than just dropping a gun loose into a pocket) and retention holsters are available for modest cost to those who wish to buy them.
If anything, guns are far ahead of cars in regards to the safety of the operator.

Regulations on Drivers/Gun Owners

The “strict regulations” on those wishing to drive on public roads are basic vision tests that my grandparents had no trouble passing, a few hours of lessons in high school followed by a short written and behind-the-wheel exam by the DMV and you’re good to go for life.
Similar standards exist for those wishing to carry firearms in public: a few hours learning the basics of the legal issues regarding self-defense (e.g. when the use of force is appropriate), basic instruction on safe gun-handling, and a little time at the range. Typically such licenses must be renewed every few years.
No license or training is necessary for someone to operate a vehicle on private property. In most states guns that are used only at home or the range, but not carried in public, don’t require any license or permit,

Regulation of Roads/Ranges

In regards to roads, older roads are little more than paved country paths. Modern roads are well-engineered and safe.
The only things that’s really comparable for guns are?organized ranges, which are typically well-managed and extremely safe.
All the ranges I know are extremely attentive about keeping the property well-maintained, in good repair, clean, etc. They all have regular clean-ups of the range as well as extraction/recycling of bullets from berms/backstops.

Discussion

Nearly all of the changes to laws regulating cars and drivers over the last century or so have related to genuine safety concerns and there is clear evidence for the effectiveness of seat belts, air bags, non-exploding cars, well-maintained electric lights, etc. in regards to improving safety.
Other important regulations have been in regards to improving fuel efficiency and reducing pollution, and while many people?have been encouraging mass transit and improving street/city design to minimize the necessity for cars,?there has been no non-lunatic-fringe efforts to dramatically reduce or eliminate the number of cars.
The same cannot be said for firearms: the majority of laws enacted regarding firearms have nothing to do about the safety of the operator of a firearm. A few, such as those requiring safe storage of firearms and mandating that gun locks are sold with each new gun, are nominally about safety but there’s no evidence that they’ve actually done anything positive for safety.
Also, essentially all of the so-called “gun safety” are, in fact, “gun control” groups that seek to significantly reduce the number of privately-owned firearms. Some groups and their members are willing to let hunters and sportsmen maintain guns suitable for those activities while eliminating?”undesirable” guns like handguns, modern rifles, and so on, while others aren’t even willing to allow that and seek total civilian disarmament.
None of those groups promote things that would actually improve safety, like age-appropriate educational safety classes for children and adults.

?In Short

With very few exceptions, cars and guns are safe to use. Saying that more legislation is needed so guns can be “safer” is disingenuous, especially when there’s not really any pressing need (that is, guns exploding or otherwise accidentally injuring their users is very rare, and not typically the fault of the gun).