Contradiction?: A list member has commented that I failed to address,
yesterday, a seeming contradiction between two of the dysfunctional
syndromes listed by John Farnam, in his discussion of lessons learned
from scenario-based training. One of these syndromes consisted of
continuing to shoot when the assailant no longer presents an articulable
(something you can convincingly explain to a jury) threat. The other
consisted of assuming that an assailant who appears to be out of the
fight will not re-enter it shortly. First off, I don't believe that John
meant to imply that the same students committed both errors in the same
scenarios. Secondly, I believe that both John and I regard this pair of
errors as opposite sides of the same coin - a yin-yang relationship that
will fluctuate in terms of which is the predominant factor as each
incident evolves. Let me close with two points. Continuing to shoot a
downed or fleeing assailant because of something he might do is not the
same as shooting a downed or fleeing assailant because you reasonably
believe he is returning to the fight. Further, when an assailant appears
to be out of the fight, if you have not already moved, you need to do so
and you need to scan for his partners.
---
I Almost Forgot: In yesterday's comment about steel targets I neglected
to include the caution not to face sideways if you are observing on a
range where people are shooting steel targets, unless you have
wraparound eye protection or side shields (this is required in some
training environments precisely for this reason). I have seen a ricochet
strike within a quarter of an inch of the eye a student who failed to
heed that advice while other students were "dueling" on a falling-plate
rack.
---
McDonald - A Quandary for Scalia?: As a member of the Junior ROTC,
teenager Antonin Scalia toted his rifle on the subway ride back and
forth to Queens. As a hunter, he speaks lyrically of stalking wild
turkeys. And as a justice, he may have reached the pinnacle of his more
than two decades on the Supreme Court when he wrote the majority opinion
that said the Second Amendment protects an individual's right to own a
firearm. But when the justices on Tuesday confront the question of
whether the amendment applies to state and local governments - not just
the federal government and its enclaves, such as the District of
Columbia - the court's most prominent gun enthusiast faces something of
a constitutional quandary. The most likely path to recognizing gun
ownership as a fundamental right is one that has been heavily criticized
by Scalia and other conservative scholars, and it seems inconsistent
with his belief that the Constitution should be interpreted in terms of
its framers' "original meaning." ...
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/28/AR2010022803985.html?hpid=topnews
How Far Will McDonald Go?: ...In the end, the Supreme Court could decide
that the right to have a gun applies only at home. If so, Chicago and
other cities could adopt strict limits on public possession of a handgun
even if the current ordinance is struck down. But gun rights advocates
say the 2nd Amendment applies more broadly and protects a right to have
a gun for self-defense. In Washington, they filed a suit seeking a right
to have a gun on the streets. In California, lawyers for the National
Rifle Assn. say they plan to challenge the policy in Los Angeles County
and elsewhere of refusing to issue "concealed carry" permits to most gun
owners who want to carry a weapon in public. But before such claims go
forward, the Supreme Court must decide whether the 2nd Amendment reaches
beyond federal laws. Though the answer may seem obvious today, the Bill
of Rights, including the 2nd Amendment, has historically been as
limiting only laws from Washington...
http://www.nytimes.com/2010/03/01/nyregion/01muslim.html?ref=nyregion
Current Bill of Rights Incorporation Summarized:
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/28/AR2010022803764.html
---
Why Miller Is So Poorly Written: ... At the oral argument in Heller,
Justice Kennedy noted that Miller "kind of ends abruptly." In the Heller
decision, the Court observed that Miller was "virtually unreasoned."
Many scholars have wondered what Justice McReynolds was trying to do by
writing such an opinion... Now United States v. Miller becomes easier to
understand. All eight Justices (Douglas, then new to the Court, did not
participate) have voted in conference to uphold the statute. The lower
court opinion is a mere conclusory assertion. Miller's attorney did not
even brief or argue the case, but instead told the Court to rely on the
Department of Justice brief. (We now know that the district court judge,
the local U.S. Attorney, and, perhaps, the defense attorney, were
colluding in order to bring the weakest possible case to the Supreme
Court, in order to affirm the National Firearms Act.) So imagine you're
Chief Justice Hughes. Given that you have to assign McReynolds a
majority opinion from time to time, Miller is the perfect case. The
Court is unanimous, meaning that McReynolds will not be burdened with
responding to dissenting arguments. Indeed, since the case is
uncontested, writing the majority opinion would be especially easy.
McReynold's product in Miller was consistent with his lazy and slapdash
approach. Perhaps the other Justices, while recognizing that there was
room for improvement in the opinion, decided not to press McReynolds for
changes, lest McReynolds fail to get around to making any revisions, and
thereby further delay the progress of the Court's business...
http://volokh.com/2010/02/27/united-states-v-miller/
---
Rights vs. Regulation, Part 2: The fundamental reason why it is
important to understand the differences in rights is so we can better
understand how they apply to us as individuals and how to protect them.
It is also important to understand the right to keep and bear arms in
not an unlimited right, and is similar to First Amendment rights. For
example, comments on articles are rarely deleted because you have the
First Amendment right of free speech and to your opinions. However, that
does not mean that you have an absolute right to say anything you want
and your comment would never be deleted. A legal right is created by and
therefore regulated by the legislature. Knowing that, we can also apply
the law to protect it...
http://www.examiner.com/x-5103-Wisconsin-Gun-Rights-Examiner~y2010m2d26-Rights-v-regulation--Part-two
---
National-Parks Carry - Not So Simple: Last Monday, a new federal law was
triggered, allowing visitors to carry loaded guns in national parks. At
about that same time, Phil Sellick's phone started ringing. "Some had
complaints," Sellick said. "Some had comments. Some just wanted
information." Some, he said, wanted to know why they still wouldn't be
allowed to pack their guns into federal facilities, such as park
headquarters. Some wanted to get special permits to hold Second
Amendment rallies in the parks. "It was a little bit of everything,"
said Sellick, the chief of regulations and special park uses for the
National Park Service. "People seem very interested in this change."
..Things get even more complicated in Yellowstone National Park, which
straddles three states. "If you want to bring a gun to Yellowstone,"
Muelhlof said, "you'll want to do some serious research into what each
state allows and requires." More than 30 other national parks straddle
state lines, and so now come with multiple jurisdictions...
http://www.missoulian.com/news/local/article_6d9d851c-2430-11df-a4db-001cc4c002e0.html
Oh, It Was Published in Canada...: I had a hard time following the
disjointed cut-and-paste style of this article until I realized that it
was simply the bleating of a Canadian sheep.
http://www.thestar.com/news/insight/article/771712--packing-your-piece-on-the-hiking-trail
---
Starbucks Stands Its Ground: Dale Welch recently walked into a Starbucks
in Virginia, handgun strapped to his waist, and ordered a banana
Frappuccino with a cinnamon bun. He says the firearm drew a double-take
from at least one customer, but not a peep from the baristas. Mr.
Welch's foray into the coffeehouse was part of an effort by some gun
owners to exercise and advertise their rights in states that allow
people to openly carry firearms. Even in some "open carry" states,
businesses are allowed to ban guns in their stores. And some have,
creating political confrontations with gun owners. But Starbucks has
refused to take the bait, saying in a statement this month that it
follows state and local laws and has its own safety measures in its
stores... (So, Mr, Bluestein views all of this as simply an attempt to
bait Starbucks into ruining its image with gun owners?)
http://www.google.com/hostednews/ap/article/ALeqM5gqiPHeGLQgZF586jcuVwYpdOuwJQD9E5BPRG0
Meanwhile, in California...: Dozens of people turned out at a Walnut
Creek pizzeria Sunday evening to eat, chat with friends and exercise
their Second Amendment rights. Gus Konstantaras was one the patrons who
had his unloaded gun on his holster, displayed for anyone to see.
Carrying a gun openly with the ammunition kept separate is legal in
California and is nothing to fear, Konstantaras said... On Saturday, men
and women, armed with handguns strapped to their sides in holsters,
fanned out across San Francisco's Baker Beach to help pick up trash and
to increase awareness of gun owners' rights. The event on Baker Beach
comes after gun owners began walking into Starbucks and other businesses
in Northern California and elsewhere to exercise their gun rights in
states where people are allowed to openly carry firearms... Adnan Shahab
said a criminal may avoid someone if they see they are armed, or could
help ina case where someone's life is being threatened, even if the gun
has to be loaded. "There's a two-second disadvantage," said Shahab. "I'd
rather have a two-second disadvantage than no advantage." Jessie
Grunner, the pizzeria's owner, said she welcomed the open carriers after
seeing the group getting turned away from other businesses in town...
http://www.mercurynews.com/breaking-news/ci_14489574?nclick_check=1
A roving band of men with guns spread across Baker Beach in San
Francisco on Saturday. But most beachgoers didn't even notice, even with
the weapons visibly holstered. The men, after all, had come to pick up
trash and, in the process, quietly preach their gospel. "It's not just
criminals who carry guns," Robert Montgomery, 39, of San Jose,
explained. "And criminals are not going to 'open carry.' " The men - and
some women - are part of an ad hoc group trying to increase awareness of
gun rights by visibly holstering them in public. They've had more
controversial events, such as at a Starbucks, which allows the open
carrying of guns. But Saturday marked the first time they'd come to San
Francisco. They chose Baker Beach because it's part of the National Park
system, where as of last week, it is legal to openly carry a handgun...
The only tension of the morning came when they met up with U.S. Park
Police, who were warning beachgoers of the tsunami advisory. "I respect
your right to carry, but I do have to inspect your weapons," said Sgt.
Todd Roth... (I suspect that this was the event that an earlier report
had said would occur at the Presidio of San Francisco.)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/27/BAVJ1C8CE6.DTL
---
Arkansas Gun Owners Rally: Arkansas gun owners are calling on the
state's political candidates to reveal their positions on the Second
Amendment before they can give them their votes. A rally was held today
in Little Rock Saturday to espouse those views. According to rally
organizer Steve Skillern, the right to bear arms is at stake... Skillern
says the rally was organized ahead of a march for gun rights to be held
in Washington, D.C. in April. He adds that several political candidates
were invited to the event to share their views on the Second Amendment.
Bernie Skoch, a republican running for the 3rd District of the U.S.
House of Representatives, was among them. He says he's also concerned
about restrictions being imposed on gun rights. "Isn't it ironic that
here we are in beautiful Barton coliseum in Little Rock and I went
through three signs on my way in here saying that nobody can bear a
weapon here? To argue that weapons cause crime is fallacious," Skoch
says. Ken Adler, also a gun owner and a Green Party candidate attended
the rally. He is running for Arkansas congressman Marion Barry's seat.
He says he favors no additional [emphasis added] restrictions on gun
ownership...
http://www.todaysthv.com/news/local/story.aspx?storyid=100225&catid=2
---
Alaska Firearms Freedom Act Advances: Currently 33 states that have
passed or are considering similar legislation. HB 186 has just been
moved out of the Senate judiciary committee and Now needs to be "read
across the floor" and officially referred to the Senate finance
committee, which will hopefully be done tomorrow, we will update you as
soon as we get more info. Multiple states including Montana and
Tennessee have passed this legislation. Utah passed it last week and
Wyoming and Virginia are on the verge of doing so. The Firearms Freedom
Act has a simple concept. HB 69 states that if a gun was made in Alaska,
and then stays in Alaska, the federal government may not regulate it
under the Interstate Commerce Clause. Please contact the finance
committee members and urge passage of HB 186 as soon as possible...
http://www.ammoland.com/2010/02/28/alaska-firearms-freedom-act/
---
More on the Big Airsoft Bust: ..."In its present state, our firearms
technology branch classified this as a machine gun," said Alcohol,
Tobacco and Firearms special agent Kelvin Crenshaw. ATF agents
determined that the rifles as shipped from Taiwan were tooled to shoot
plastic balls. However ATF says a relatively quick retooling could allow
them to fire live ammunition." Relative to what? Would "a quick
retooling" involve completely replacing the barrel, bolt, upper and
lower receivers and trigger assembly? What all needs to be swapped out
to handle the immense pressure differences between something capable of
firing plastic BBs and something that can fire...let's see, it's being
reported as an M4 copy, so I'd assume this...
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m2d28-Why-is-ATF-seizing-toy-guns
..This statement that these replicas could shoot live ammo with a few
internal changes alone is absolutely ludicrous! I doubt these CBP
agents, let alone ATF agents, bothered to notice that these Airsoft
replicas lack feed ramps to load real ammunition; so it would be
physically impossible if someone wanted to use the WE TTI M4 as a whole
unit to shoot live ammo. I'm not a machinist, but I can assume that it
takes a little longer than "a short period of time" to mill a precise
feed ramp for an aluminum barrel that doubtingly could withstand the
62,366 psi that a 5.56mm NATO round can put off. As a side note, the
average velocity of a 5.56mm NATO round is 940 meters/sec, the average
velocity of one of these Airsoft replicas is 137 meters/sec. To me that
doesn't sound like the Airsoft M4 could handle firing any sort of real
ammunition. Now we at Airsoft Outlet Northwest, being the rational
individuals we are, went out and had a gunsmith check the true
compatibility of these replicas and found the following information:
* The WE TTI M4's lack any sort of functional gas tube which is
integral to an AR15's operation
* The upper receiver of an AR15 fits onto the lower of the WE TTI M4
* The stock trigger pack in the WE TTI cannot strike the firing pin
of a AR15 bolt
* The body of the WE TTI lower is several mils thinner than an AR15
lower, and shims would be needed for any AR trigger pack to work
* The trigger pack of an AR15 appears to be able to fit onto the
lower receiver of a WE TTI M4, one of the AR15 trigger pack
retaining pins is impossible to insert without major modification,
and the hammer isn't operable with the WE TTI lower.
So essentially these Airsoft replicas cannot even operate an AR15
trigger pack without heavy modification with a precise tooling system
operated by someone who knows the specific measurements to drill and tap
the WE TTI lower receiver...
http://everything-airsoft.com/blog/2010/02/27/airsoft-outlet-northwest-gives-the-scoop-on-the-tacoma-seizure-an-industry-without-a-standard/
---
Man Sentenced for Unregistered Machine Guns: A Kansas man has been
sentenced in Nebraska to a year in prison for owning unregistered
machine guns. Richard Canfield of Overland Park was sentenced Friday in
U.S. District Court in Lincoln. The 32-year-old had faced up to 10 years
in prison for possession of an unregistered machine gun. The U.S.
attorney's office says Canfield was a passenger in a car stopped for
speeding near Kearney in November 2008. In the car were Canfield's two
machine guns, which had been fired near Cozard earlier in the day.
Prosecutors say neither machine gun bore serial numbers, and neither was
registered.
http://www.kansascity.com/2010/02/28/1779487/overland-park-man-sentenced-in.html
---
More on Ohio CHL Surge: More Ohioans than ever were licensed last year
to carry a handgun. State figures that Ohio Attorney General Richard
Cordray released Friday show the number of first-time licenses issued in
2009 jumped about 67 percent from the previous year. Last year, Ohio
sheriffs issued 56,691 new licenses, the most since the state's
concealed-carry law took effect in 2004 and 45,497 were issued. In 2008,
33,864 licenses were issued. Local counties also reported dramatic
increases in 2009, according to annual reports listed on the attorney
general's Web site. Summit County last year issued 2,358 licenses, an
increase of 830 from 2008, when 1,528 were granted. Last year, Medina
County issued 2,007, compared to 1,337 in 2008. Wayne County's numbers
more than doubled from 588 in 2008 to 1,333 last year. Stark County
issued 1,140 last year, compared to 719 in 2008. Portage County approved
899 licenses, 266 more than the 633 previous year... Summit County
Sheriff Drew Alexander, who voiced concern about increased gun use when
the law took effect in 2004, said his fears have not been realized. In
addition, he said crime has neither increased nor decreased in the past
six years... (Note the potential risk of linking crime rates to the RKBA.)
http://www.ohio.com/news/85636252.html
---
Is NRA Warning the University of Tennessee?: Yesterday, in a guest
editorial in the University of Tennessee's Daily Beacon, Chris Cox,
Executive Director of the NRA's Institute for Legislative Action (ILA),
criticized the recently announced gun policy for student-athletes at UT.
Cox stated, "This over-reaching policy prevents law-abiding UT
student-athletes from hunting and engaging in recreational and
competitive shooting. More importantly, it also prohibits them from
owning a firearm for self-defense, a right guaranteed by the U.S.
Constitution." Could this be a shot across the bow for UT? The NRA and
gun owners have seen a number of recent victories nationwide in the Gun
Rights War. Among them, Morton Grove, IL, and the San Francisco Housing
Authority decided to rescind their gun bans. This is in the wake of the
big victory in District of Columbia v Heller...
http://www.examiner.com/x-28023-Knoxville-Gun-Rights-Examiner~y2010m2d27-UT-Knoxvilles-2nd-Amendment-policy-criticized-by-NRA
What is it with the SEC? Or the politics of the states having schools in
the SEC? First, the University of Mississippi drops Colonel Reb as its
mascot. Now, the University of Tennessee has banned student-athletes
from owning guns. This comes after some pot-smoking basketball players
were found with handguns that had altered serial numbers. So, how does
the school respond? Banning drugs? Throwing idiots off the team? No,
they ban guns. Stupid athletic director...
http://www.imao.us/index.php/2010/02/maybe-the-university-of-tennessee-will-change-its-mascot-too/
---
Approved for Women?: Yesterday, we talked about the predations of a
serial rapist in the Waldo neighborhood of Kansas City, Missouri, and
the fact that this threat has spurred a new interest in self-defense.
As horrifying as it is that this animal has brutally violated five women
so far, without, as far as we know, much progress made in his
identification and removal from society, it is heartening to see more
women taking responsibility for their own security. Yesterday's article
quoted a Kansas City Police captain who recommended several measures
women could take for the sake of safety, and I noted with interest that
none of them included armed self-defense. That's an omission that
didn't sit particularly well with me, but I cannot fail to acknowledge
that today's tender sensibilities make it inadvisable--or at least
impolitic--for a senior police officer to publicly say, "Get a gun and
shoot the creep." ..."While police investigate a string of rapes in the
Waldo area, women are taking action, arming themselves with guns, pepper
spray and other products. Below is a list of safe, but effective,
weapons and products that Kansas City, Mo., police have approved for
women interested in home security." ...
http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2010m2d28-Selfdefense-tools-that-Kansas-City-MO-police-have-approved-for-women
---
Oops, Wrong House: ...Bob Nicholson works nights, so he was in bed at
about 10 a.m. when his wife heard a noise outside their house in Johnson
County, Mo. "He walked up on my icy front steps, knocked, pounded on the
door - it woke me up, and then he went in front of his truck and around
the back of the house," Nicholson told KMBC's Maria Antonia. Nicholson
said there was a recent break-in next door, so he was on guard. "I
rummaged through my closet, found a pistol, went downstairs - and before
I even got downstairs I heard somebody jimmying my back door," Nicholson
said. Nicholson said he pointed his gun at the intruder and issued a
warning. "I put the gun up to the glass next to his head, I told him to
stop. I mean, I could have shot him right there if I wanted to shoot
through the door," Nicholson said. The intruder ran around the house and
then sped away in his pickup truck, which police found abandoned a few
miles away. Nicholson said he fired warning shots at the pickup truck...
(All's well that ends well but a prepared homeowner should not need to
rummage through a closet to find a pistol, which could just as easily be
found by a burglar. And, if the homeowner felt no need to fire at the
burglar through the glass, what was the justification to fire shots as
he was fleeing?)
http://www.kmbc.com/news/22674960/detail.html
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2010m2d27-Armed-homeowner-sends-intruder-fleeing
---
Oops, Wrong Print Shop: Robbers ejected a dying accomplice from their
car as they fled a robbery scene in Pretoria, Gauteng police said on
Sunday. Two men broke into a printing business run from a house in Menlo
Park at around 9pm on Friday, said Captain Colette Weilbach. Three or
four people were inside the house at the time. One went to investigate
and shot at the robbers, injuring one. The two ran outside and jumped
into a getaway car. The vehicle drove 50 metres, then stopped. The
injured robber was thrown out and the car sped away. The man died at the
scene. He has not been identified, said Weilbach. Some computer
equipment was stolen. A toy gun resembling a 9mm firearm was recovered
in the house. Police suspect one of the robbers dropped it in his
flight... (This report is from South Africa.)
http://www.iol.co.za/index.php?set_id=1&click_id=15&art_id=nw20100228130846273C186263
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2010m2d28-South-African-armed-robber-shot-by-business-owner
---
Rule Three Reminder: Police ordered everyone off the campus at Oklahoma
City Community College after a report that someone on campus had a gun.
But authorities later said the only shot fired was an accidental
discharge from a campus security officer's weapon. Oklahoma City Police
Lt. Patrick Stewart said Friday that searches of several sites on campus
where people had reported seeing a gunman didn't turn up anything. He
said the areas searched included the library, where an initial report
said a gunman had been seen. Stewart said later that a campus security
officer accidentally fired his gun as the library was being evacuated...
(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.tulsaworld.com/news/article.aspx?subjectid=19&articleid=20100226_19_0_OKLAHO716762
---
Arizona Range Hosts International SASS Championship: LeAnn Kemmerer's
wide-brimmed yellow hat shielded her from a light drizzle while she
walked through mud with a shotgun and lever-action rifle in each hand.
On a normal day, most wouldn't assume the Dayton, Wash., resident is a
two-time award-winning Northwestern regional shooting champion. On
Sunday, Kemmerer exchanged her name for "Pinto Annie," donned her best
19th-century cowgirl dress and headed to the firing line at Ben Avery
Shooting Range in north Phoenix... About 665 cowboys, cowgirls and
buckaroos descended on the range to participate in what has become a
five-day international competition where participants assume Old West
alter egos and compete to determine who has the fastest, most accurate
gun in the West. The 19th annual Winter Range drew shooters 12 to 80
years old, from 44 states and five countries, said Dan "Parson Swede"
Wohleen, director of "Vittles and shindigs." ...
http://www.azcentral.com/arizonarepublic/local/articles/2010/03/01/20100301cowboy0301.html
---
Tangentially Related: This website allows you to enter an address and
find recent crime reports for the neighborhood. You can also sign up for
e-mail alerts.
http://www.crimereports.com/
--
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
