Tom informs me in comments that he wants a pistol for buy a gun day. His criteria:

bigger caliber than a .22; manual safety; ammo that’s not ridiculously expensive.

For cheap ammo, I’d recommend 9MM. However, I don’t like handguns with manual safeties and I carry a Glock 30 or a Sig P229. So, with the manual safety criteria in mind, what say you, dear reader? I figure H&K maybe a Springfield XD40 (no, it doesn’t have a manual safety but does have a grip safety). Leave advice in comments.

Denise of the Ten Ring has the definitive round up of coverage regarding the Tyler, TX shooting where Mark Wilson gave his life to save others.

The Geek notes the services have come and gone. He also has a letter from a friend of Mr. Wilson in response to an anti gun piece in the press.

Update: The Geek has photos from the services.

Update 2: Publicola weighs in (mu nu is back!).

As does Kim du Toit.

Update 3: Michael Bane has more and notes:

You’ll notice you didn’t see Mark Wilson’s friends and relatives on The Today Show or Good Morning America or CNN. You also didn’t read newspaper stories about how a heroic man sacrificed himself for people whose names he never knew.

My friends, this is media bias in its most vicious form — America needs to know Mark Wilson’s story, that a civilian with a gun bought enough time for the police to get set up. How can Americans truly understand the progun and the antigun side if only one side of the news is reported?

John Lott has more on the bias.

A reader sends his M1A with a Reese folding stock. Me likey:

April 15th is buy a gun to annoy, well, anyone who would be annoyed that you’d buy a gun (in my case, that may be the wife). These folks have signed on:

Counter Top
Zendo Deb
Jed
American Drum Slinger (nice pic)

I’m pondering my next purchase. Building one of these or buying one of these and a Walther P22.

Update: Also, Heartless Libertarian.

Volokh notes the other Second Amendment challenge to the DC gun ban and compares it to Seegars. Bob Levy writes:

We assert that Parker is factually distinguishable from Seegars. (1) Parker plaintiffs were personally and unambiguously threatened w/prosecution by DC officials during oral argument and in the press. (2) DC’s failure to raise standing in Parker reaffirms the city’s intent to prosecute. (3) Trial judge Sullivan, after ordering supplemental briefing on standing, did not mention that issue in his opinion on the merits.

I think, as is usually the case, the court will chicken out of the issue. If forced to rule on it, they won’t be very second amendment friendly.

Update: Trigger finger has much, much more.

Per this:

Authorities were trying to learn Friday how a convicted felon with a history of domestic violence was able to obtain the powerful semiautomatic rifle he used in a shooting spree in downtown Tyler Thursday.

Maybe it’s because nut jobs and criminals aren’t known for obeying the law?

Via Gunner comes news of the second Carnival of the Cordite, a round up of gun blogs. Lots of good stuff. Someone needs to send out a reminder for thing so I can submit something.

In reference to the MAK-90 (which the press keeps calling a Mac 90) used in the Tyler, TX shooting:

The Mac-90, manufactured by the Norinco Corp., has a 56.16-inch barrel, chromed bore, stamped receiver and trigger.

The gun fires a 7.62×39mm bullet, and is capable of firing 600 rounds per minute with a distance speed of 780 meters per second.

No, the MAK-90 is not capable of firing 600 rounds per minute. It is a semi-automatic and fires one round per pull of the trigger. The AK-47 machine gun is.

Turns out, the Feds own almost 92% of the state of Nevada (and lie about it).

Actually, the experts are worried that some choose to defend themselves with a less than ideal weapon:

After the “crazy person” came to her house banging on her door and asking if he could come in, local resident Marty Taylor decided it was time for her to get a gun.

But even after she found out that police had arrested the man on charges of alleged sexual assault, something in the back of her head just wouldn’t let her follow through with it. She really didn’t want a firearm in her house.

When she heard that TASER International was getting ready to release a high-powered stun gun to civilians, though, she thought she may have found her answer.

Late last year, TASER announced that it was entering into an agreement with Davidson’s Inc., one of the largest firearm and accessory distributors in the United States, to market the $1,000 TASER X26C Citizen Defense System to more than 8,000 firearms, sports and police supply dealers across the country.

Although TASER products have been available to the general public since 1994, the X26C marks the first time that a police-grade weapon is available on a large scale.

A firearm is a better choice for a variety of reasons but this isn’t a post about that, it’s a post about this:

It’s cases like Taylor’s that concern Nacogdoches Assistant Police Chief Mike Kelly.

Kelly has publicly defended the use of TASERS and other stun guns used by police officers, but he’s not so sure about whether or not it’s a good weapon for civilians who want to defend their homes.

“Honestly, I still have a lot of concerns,” Kelly said. “But I’m not worried so much about the potential misuse of one of these devices, as I am about someone thinking that this is the answer.”

Kelly said police use TASERS in certain situations, and the devices work well as a “less-than-lethal” alternative to subdue a hostile person, but a police officer also undergoes rigorous training with the device. And officers also know that the TASER is just one tool in an arsenal of options they may have to use.

“Basically, with a TASER, you’ve got one shot,” Kelly said. “If you miss, or you don’t get a good connection, you don’t get another chance.”

Kelly said he would be worried about someone becoming overconfident with a single-shot weapon that is only effective at a relatively close range.

“I sure wouldn’t feel very comfortable if that were my only defense,” he said. “I understand that there are a lot of people who don’t want a gun in their house, and this is a safe alternative, but they need to study it thoroughly and understand that there are limitations.”

Note that the article doesn’t come right out and say that the firearm is a better choice, even though it seems fairly clear what Chief Kelly is implying.

Michael Silence notes a proposed income tax, which is called an Employer Privilege Tax:

Taxes, Privilege – Enacts a 1 percent privilege tax on employer’s payroll and dedicates revenue to funding special payments to certain hospitals and funding some portion of a reenacted Tennessee Comprehensive Health Insurance Pool. – Amends TCA Title 4; Title 6; Title 56; Title 57; Title 67; Title 68; and Title 71.

Blake has more.

Bill O’Rights arrested.

Via Pete.

JTO says that legislation banning rifles that look like assault weapons has been introduced in Iowa:

State assault weapons ban would fill the void created when Congress failed to renew the federal assault weapons ban last September

Cedar Rapids, IA – Legislation has been introduced in the Iowa Senate that would prohibit the possession of military-style, semiautomatic assault weapons in Iowa. The bipartisan bill (Senate File 207) is co-sponsored by Senators Connolly (D-Dubuque), Dvorsky (D-Coralville), Lundby (R-Marion), and Tinsman (R-Davenport).

Military-style are not semi-automatic, they are automatic.

Rex has set up the beginnings of a Snapper Comic Book. Check it out.

Wince takes a break.

Robert notes a good deal on some AK kits.

Wadcutter presents how to make your own bore-light out of a spent round. Sweet!

Via Triggerfinger

If true, this is pretty damn stupid:

The family of a woman who died after being moved out of a trauma room to accommodate the ailing Michael Jackson plans to sue both the hospital and the star.

Manuela Gomez Ruiz, 74, was transferred out of the main trauma room at the Marian Medical Centre in Santa Maria, California, when Jackson was rushed in suffering from “flu-like symptoms” last week.

The KNS is promoting bloggers on the main page.

You’re an Ashcroft! No, you’re the Ashcroft!:

Imagine hearing that exchange in a movie – you’d think that Hollywood had come up with a crazy new insult. Well, it turns out that some airline passengers watching the Oscar-nominated film “Sideways” on foreign flights are, in fact, hearing “Ashcroft” as a substitute for a certain seven-letter epithet commonly used to denote a human orifice.

I kept reading news reports yesterday about a shooting. They all had the same basic byline that someone with a high-powered rifle (or AK-47) had went nuts at a courthouse in Texas. Insert usual rant about how it was not an AK-47 and wasn’t high-powered but rather the medium-powered 7.62X39 cartridge. Anyway:

David Hernandez Arroyo Sr. armored up with multiple layers of body armor, killed his wife and attempted to shoot his son. However, a Texas CCW holder intervened:

The noise prompted Mark Wilson, a gun enthusiast, to intervene as Arroyo continued to fire on his wounded son.

“They traded shots, missing each other, and then the gunman hit Wilson and Wilson went down,” said Nelson Clyde III, publisher of the Tyler Morning Telegraph, recalling the shooting as he watched from Don Juan’s.

“The gunman walked up to Wilson and shot him while he was on the ground,” Clyde said. “I couldn’t believe what I was seeing … it was sickening.”

“He was either wounded or dead, but the guy (Arroyo) shot him again to make sure he wouldn’t get up,” said witness Brandon Malone, a Tyler builder who was lunching inside Don Juan’s.

Mr. Wilson saved the life of Arroyo’s son and likely the lives of other people by intervening and drawing fire from Arroyo. Unfortunately for Mr. Wilson, the suspect was armored up and very likely his pistol ammunition could not penetrate the armor. Mr. Wilson died a hero.

Hat tip to reader Airboss who notes: This is why I practice and I practice head shots.

Round up:

Sheepdog notes it was a scoped AKM clone. The DFW story fails to mention Mr. Wilson engaging Arroyo.

Publicola has a detailed account.

The Geek notes possibly two CCW carriers engaged Arroyo and that bullets don’t make you invincible.

Update: From Fox:

“One of the deputies at the scene said if it hadn’t been for Mr. Wilson,” said Sheriff J.B. Smith, “the son would be dead.”

Friends who visited the son in the hospital Thursday night said he told them that his father was always open about having a collection of weapons.

Aurea Seanez said the son told them, “And look now, he used them on us.”

Wilson, a gun enthusiast who once owned a shooting range, intervened after Arroyo killed his ex-wife, witnesses said. Swindle, the police chief, said Wilson shot at Arroyo several times but his rounds weren’t penetrating the armor.

Update 2: Robert (a reader and friend of Mr. Wilson) notes in comments over at The Geek’s:

Just talked to the friend who is handling the details for Marks family. He said Mark was IN his apt, evidently heard shooting outside and grabbed his carry gun, a Glock 9mm, and went out the door. He said Mark had expected a shootout at the courthouse sooner or later.

Unknown which Glock 9mm, and unknown whether he shot dry. This friend said Mark went prone for cover, then was shot trying to evade the gunman when the gunman closed on his position behind the gunman’s truck.

Witnesses say he had several hits on the gunmans torso, all absorbed by the body armor.

Rocket Jones has the latest Carnival of the Recipes.

Patterico notes you can access RSS feeds of AP wires. Good for bloggers.

However, it is no excuse for sloppy and misleading journalism. Aren’t they supposed to, like, fact check or some shit? In an update to CNN’s rifle felony, Matt notes (and Xrlqy Wrlqy agrees) that CNN’s violation of 922(a)(3) is not punishable because it was not a willful violation of the law. That does not excuse sloppy, misleading and sensationalist journalism.

Note to Matt, no one’s mad at you for finding out the truth. They’re just mad that CNN gets away with violating the law whereas someone like me (who just spent an extra $45 to transfer a weapon legally) goes out of their way to comply with the law. And that CNN just told a bunch of viewers that this legal act was actually illegal.

So, there’s this college kid who writes:

“A well regimented military, being necessary to the security of a free state, the right of the people to keep and bare arms, shall not be infringed.”

The second amendment to the United States constitution is quite easily interpreted as the right to own or use a gun. This amendment was made at a time when America’s independence was a hotly contested topic. The forces of Great Britain were assaulting the country, attempting to take back what they believed was their property. America needed defenses.

Good lord. Can’t you do a google search and get the actual text of the amendment? I started to comment on the rest but those Texicans done did it.

Weekly gun links are up.

Technorati reports 7,525 entries include the phrase CNN felony.

Dylan calls new bands amateurs. New bands call Dylan that old dude who can’t sing.

Actual story reported locally:

Virginia DeGrazia not only has all Alan Jackson’s music, she has Jackson dolls and collectable plates. But what she no longer has is a signed shirt. She says a framer ruined it.

Alrighty then.

A judge in Tennessee is under investigation for ordering defendants to donate to a special police fund instead of paying fines:

6 News has learned the TBI is investigating allegations that defendants in a Lenoir City judge’s court room are being ordered to donate to a special fund instead of paying fines.

The investigation centers around a non-profit group called “Friends of Law Enforcement.” Its proceeds go to supplies for the Lenoir City Police Department.

Judge Terry Vann helped establish the group in April 2004 and actively sought voluntary donations from those who appeared in his courtroom.

However, questions arose about the practice. Some people believed Vann was forcing people in his court to support the cause. Records show defendants promised to donate more than $3,200 to Friends of Law Enforcement.

For about a year now, I’ve been involved in a semi-weekly garage-band jam session. We get together in a self-storage unit, mainly because the drummer didn’t want to play at his own house and didn’t want to schlep his kit around (can’t blame him), plus there aren’t any neighbors to annoy.

Except there are. Tonight there were two other bands playing at the same self-storage lot at the same time we were. Looks like there ought to be a business opportunity here somewhere.

I wonder what else goes on those places?

Back in November, I predicted John Ross would have new posts in January.

Make that late February.

Track backs are back until some loser decides to spam bomb them again.

I want answers. I want to know if CNN broke the law or just lied. People have been contacting their senators and the ATF. Now, I ask that you contact CNN.

You can highlight editorial errors here.

General online contact info is here.

Their address is:

One CNN Center
Atlanta, GA 30303

or

190 MARIETTA ST NW
ATLANTA, GA 30303

And their phone number is (404) 827-2600

Senators from Hell err New Jersey are introducing a bill to ban the FN 57:

New Jersey’s U.S. senators plan to introduce a bill that would make it illegal for anyone, except a police officer or military official, to purchase or use an assault pistol that fires bullets capable of penetrating a bulletproof vest.

The Five-SeveN gun made by FN Herstal of Belgium has already been denounced by three national police organizations and the Brady Campaign to Prevent Gun Violence. The handgun is small and lightweight and easily concealed in a person’s pocket, the groups said.

Last month, the Brady Campaign released a videotape of its staff test-firing one of the handguns it had purchased from a Virginia gun dealer. The bullets penetrated a police Kevlar vest.

The anti-gunners can’t get huge categories of guns banned now so they’re doing it one at a time and, in some cases, one state at a time. Almost any rifle round will penetrate a vest as vests are designed to stop ammo commonly used in handguns. The FN fires a rifle round. The ATF has stated that the rounds will not penetrate a vest and ATF has stated the pistol ammo commercially available is not armor piercing (else it would be illegal):

FTB has also examined a 5.7 X 28 mm projectile that FN Herstal has designated the “SS196.” The SS196 is loaded with a Hornady 40 grain, jacketed lead bullet. FTB classified SS196 ammunition as not armor piercing ammunition under Federal firearms statutes.

According to FNH USA, FN Herstal tested the SS192 ammunition. SS192 ammunition did not penetrate the Level IIIA vests that were tested. FNH USA states that SS196, Hornady V-Max 40 gr. bullets fired from a 4-3/4 inch barrel did not penetrate the Level II vests that were used in testing.

FNH USA has informed FTB that SS192 is no longer imported for commercial sale to the United States and that commercial sales of 5.7 X 28mm ammunition are restricted to the SS196 (not armor piercing).

However, the SS190 is armor piercing and is not legal to buy. Additionally, this pistol costs about $1,000 and is not something your average criminal would carry.

There’s a proposal to restrict ammo sales:

The sale of ammunition like that used in the Hudson Valley Mall shooting should be restricted, two local Democratic lawmakers say.

“I realize you can’t stop somebody from committing a crime, or committing a heinous act if they’re really intent on doing it, but maybe you can slow it down,” said Bill Reynolds, majority leader of the Kingston Common Council. “Obviously, real strict gun control doesn’t make a lot of sense, but perhaps there is some wisdom in at least slowing people down from getting their hands on weapons of war and the ammunition for them.”

Authorities say 25-year-old Robert Bonelli Jr. of Glasco purchased three boxes of 7.62-caliber ammunition for his Hesse Model 47 semiautomatic assault rifle at the Wal-Mart store next to Hudson Valley Mall in the town of Ulster an hour before he fire 50-60 shots inside the mall, wounding two people.

Authorities have said both the weapon, purchased at a local gun show, and the ammunition were obtained legally, but Reynolds and Ulster County Legislator Brian Shapiro of Woodstock said there should be tighter restrictions on the availability of the semiautomatic rounds used in the shooting.

It’s amazing to me that people are shocked someone could have both a gun and ammo that goes with it. And there is no such thing as a semiautomatic assault rifle.

Update: As readers point out, there is also no such thing as a semiautomatic round.

Newday:

If New London can seize people’s homes so private developers can build a hotel and convention center, what will cities do next? several Supreme Court justices asked during arguments Tuesday.

Can a city decide to get rid of the Motel 6 and put up a Ritz-Carlton, asked Justice Sandra Day O’Connor, because the luxury hotel would produce more taxes?

“That would be OK?” she asked.

“Are we saying you can take from A and give to B if B pays more taxes?” asked Justice Antonin Scalia.

Some good news in Indiana:

The Indiana House voted Tuesday to make it more costly for government to condemn private property for the sake of commercial development, as the U.S. Supreme Court heard a case that could lead to even more restrictions.

Supporters of House Bill 1063 complained that the wants of developers have trumped the rights of average citizens. They argued that eminent domain laws, which allow the government to buy property against the owners’ wishes, have strayed far from their original purpose of making it possible for roads and other necessities to be built.

Erin Durkin says ED’s future is unsure.

In Utah, homes are scheduled to be bulldozed to make room for a Wal-Mart:

Residents of a tucked-away downtown neighborhood and other Ogden residents angry at City Hall rallied Monday to protest a plan to bulldoze homes and businesses for a new Wal-Mart superstore.

At the peak of the rally, more than 40 carried signs showing a slash mark through the words “eminent domain abuse” and calling for reform of redevelopment laws. Passers-by honked and flashed protesters thumbs-up signs.

“Something is wrong with this picture,” said protester Bill Glassman, an Ogden real estate broker and investor. “Do not take homes and viable businesses away and give [the land] to a big company!”

The UN proclaimed that there was no genocide going on in Darfur. Kristof disagrees and has some pretty horrific images. This kind of thing needs to be stopped. The world sat by while Rwandans were slaughtered and acted as though tough words could stop it. It does not need to happen again.

Rep. Ike Skelton, a Missouri Democrat:

The national debate over gun rights, for decades among the most searing and divisive of political issues, appears to be all but over in Congress.

That means that the assault weapons ban, a signature achievement of gun control advocates that expired last year, probably will not resurface anytime soon.

Conversely, congressional leaders and the Bush administration haven’t put a priority on efforts to expand gun rights.

He then makes the mistake of quoting Saul Cornell (who Denise has a round up of here). Skelton seems to get it, as do other Democrats (like Reid). I think the Republicans need to focus on being more pro-gun and get a handle on some of these ludicrous gun laws before some CNN reporter commits a crime.

Gunner on AL sex toy ban:

What happens between me, my wife, the inflatable doll, the midget in the corner and the camera man is my own business.

I hate rubberneckers with a passion. Dropping traffic to a standstill so you can get your rocks off gawking at the misfortune of others is abysmal. Looks like Boston has a good idea:

Seven-foot-tall by 10-foot-wide screens made of piping and vinyl material have been in use since late last year, intended to obscure accidents from passersby and keep drivers moving, officials said.

Put curtains up around the scene to keep the rubberneckers moving sounds like a decent idea.

Some doctor says electronic baby swings can trigger dog attacks:

Rocking your baby to sleep in a mechanical swing can trigger a deadly attack on the child by the family dog, a coroner warns.

At least two such deaths have been documented in Maryland over a four-year period, Dr. Albert Y. Chu of the state’s medical examiner’s office said Wednesday at a meeting in New Orleans of the American Academy of Forensic Sciences.

The back-and-forth motion may activate the dog’s instinct to chase prey, he said.

“Think about dogs chasing cars or tennis balls. They can’t control their behavior — they just go,” he said.

A tennis ball and car don’t rock back and forth. Dogs can control their behavior if appropriately trained.

Kevin reports that there was no felony. He says CNN just misled their viewers by lying and implying they took the rifle to Georgia when it remained in Texas. The transcript states:

(voice-over): The transaction at a house in suburban Houston took about 20 minutes. We walked out with a case holding the gun critics say is the perfect terrorist weapon, a brand new .50-caliber with scope, bipod and directions. We flew home.

Guns are checked as baggage. And when the bags arrived for our flight, I simply picked it up and left.

The transport of the firearm from Texas to Georgia would be illegal and that’s what they said they did. I think that felony was committed based on the transcript. I haven’t seen the video (anyone with a link send it).

Kevin says to call off the dogs. I don’t think so. The transport is illegal and I don’t see how the reporter would note that he checked the gun at the airport when he didn’t, unless he’s a liar. I don’t find it plausible that he checked an empty case at the airport but it is possible.

Update: Conversely (and a bit of good news), Kevin’s source notes that CNN went out of its way to state that the buyer was a Texas resident, which would put him in the clear in terms of obeying the law.

Xrlq calls for an apology and not an arrest.

I should point out that this issue is rather like playing with fire. It could (and likely will) go badly. Sure, watching CNN squirm under an investigation would be fun but it is unlikely. I just want them to retract the whole bit about the purchase being legal. Of course, CNN has been caught lying about guns before and did the right thing when confronted. That’s all I want.

Jed, noting Google hits looking for the issue, calls it a meme.

Update: Or what he said.

Lobbygow, in All Your Home Are Belong to Us, notes:

In other words, “The Old Boy Network can do what they damned well please with regards to anybody’s property.” This moral sleight of hand involves a bit of misdirection by pointing out that the seized properties are paid for after all. So fucking what? A market that is not a matter of choice is neither free nor fair. If I am forced to sell my property at a time that is not of my choosing, and with no power to set my own price, then the payment cannot possibly be fair.

Yup.

A reader informs me that he has received a response from the office of the Senior Senator from Texas stating they will look into the entire matter and find out if ATF doesn’t prosecute why they don’t prosecute.

Michael Bane updates that his contacts are telling him there is little chance the ATF will move against CNN due to lack of intent to break the law. Countertop doesn’t think the ATF will do anything to CNN but doesn’t think it’s right:

If they violated it, they are guilty. Its an open and shut case. Either the facts are there, or they are not (I still haven’t seen the video, so I don’t know). However, for an ATF agent to suddenly claim that “intent” matters is simply incredible. I wonder if we can get them to put that in a written opinion?

Note to self: It may be OK to break gun laws as long as I don’t think I am. It’s a pity I spent all that time and effort learning those gun laws so I don’t break them when I could have just remained ignorant and gotten away with something.

Matt has updated his post detailing the CNN 50 caliber rifle flop with lots of information. Go read.

Meanwhile, Marc is offering CNN $500 for the rifle. Heh. I’ll give them $501.

Kevin notes that things are not going well for the plaintiffs.

ScotusBlog notes:

Marty reports that, based on the impression left by the oral arguments, the government-side is going to win today’s property rights cases overwhelmingly.

In Kelo, the plaintiffs may get as many as three votes: Scalia; Thomas (who did not ask any questions); and Rehnquist (who was not there). But it was clear to O’Connor and Kennedy that the Court would have to overrule Midkiff and Berman to rule for the plaintiffs, an approach for which there was no majority. The only possible silver lining for property-rights advocates was that Justices Kennedy, Souter, O’Connor and Breyer all expressed concern that the traditional measures of just compensation under the Fifth Amendment may be subject to reconsideration. Justice Kennedy acknowledged the question wasn’t presented in Kelo, but the Court’s opinion or a concurrence may raise the issue, opening a new avenue of property-rights litigation.

I hope not. It would really mark the end of property rights in this country.

Apparently, the Mississippi Press didn’t get the memo that guns are easy to get. Hence, the headline: Guns not necessarily easy to get hands on.

My big fear with the hoopla involved in the CNN reporter committing a felony by illegally purchasing a gun is that the guy who sold it to him will take the wrap for it. Worse, I fear CNN will play the victim as a result. I hope that guy reads gun blogs and is keeping up with it. And I hope he that he made sure his ducks were in a row regarding the legality of the transaction.

Thanks to a reader, I have copies of emails from an ATF agent who was forwarded the CNN transcript. The email from the ATF agent says:

I have forwarded this to the Houston office. There is no straw purchase since the transaction does not involve a licensed dealer. However the owner did sell a firearm to a non-resident of Texas which is a violation of 18 U.S.C. 922(a)(5).

I should note that it depends on what is meant by “owner.” The owner (or original seller) sold to a Texas resident who gave the weapon to the other reporter. We’ll see.

I’ll update this post with details as more information is confirmed.

Heartless Libertarian wants to make sure this doesn’t go away and is advocating calls to Houston ATF. I have now confirmed that the ATF is aware but people should keep up the pressure.

I think this may be a first SayUncle Exclusive!

Update: Triggerfinger thinks the agent is only partially correct. And, competition aside, my post is the first confirmation that some one at the ATF is aware not the first notice that people are contacting them.

Update 2: Heartless Libertarian points out that the ATF agent in the email is focusing on the seller (presumably the guy who sold the rifle to the CNN person who was a resident of Texas) and not the transfer:

Only problem here is that Griffin, the CNN reporter, and his crew, are in violation of section 922(a)(3) of the same law, which the ATF doesn’t seem to concerned about.

Update 3: Via Matt, Michael Bane notes:

Based on my conversations with legal experts within the firearms industry, CNN did indeed violate at least one, and probably two, federal firearms laws in their reporting of the .50 caliber controversy last week.

Representatives of the industry are currently in touch with the ATF.

More to come.

With Kelo coming today (CNN has a summary), here’s what blogs saying:

Eric – Constitutional violations aside, something about this process would seem to invite political chicanery, if not outright corruption. Want a good deal on a piece of property? Contribute large sums of money to the right guy’s campaign, and it’ll be yours for a song!

Southern Appeal: – According to the Petitioner’s brief, the City and a private development corporation seek to take Petitioners’ 15 homes to turn them over to other private parties in the hope that the City may benefit from whatever trickle-down effects those new businesses produce. Petitioners argue that the majority opinion below incorrectly equated “public use” with the ordinary “public” benefits – taxes and jobs – that typically flow from private business enterprises. The Petitioners urge the Court to adopt a bright-line rule that the possible increase in taxes and jobs does not qualify as a public use.

Tim Cavanaugh has a link rich post that with too much info to quote. Go read.

Pejman Yousefzadeh offers checks to address abuse of eminent domain.

The Institute for Justice has more.

Stephen Green rightly calls it legalized theft.

And I’ve been all over it.

Update: Lobbygow is on it too.

It seems that one thing most sides of the political spectrum can agree on is that eminent domain abuse sucks.

Triggerfinger has the definitive round up of CNN committing a felony in pursuit of their hit piece on 50 caliber rifles.

He also notes that they can get out of the felony bit if they admit to deliberately misleading their viewers.

Meanwhile, Heartless Libertarian is advocating contacting the attorneys general and ATF in GA and TX.

In an update to the torture of a drug suspect in Campbell County, the officers involved are expected to plead guilty:

Four Campbell County lawmen will plead guilty this week to the beating and torture of a drug dealer, and federal prosecutors will ask a judge to put them behind bars pending sentencing.

Today, the Supreme Court will hear the case of Kelo v. New London, which is arguably the most important property rights case in recent years. The Post Gazette has two articles on the issue. The first notes:

It has been 50 years since the U.S. Supreme Court adopted an expansive view of the power of eminent domain in the case of Berman v. Parker, in which it upheld the condemnation of private property by the federal government as part of an urban renewal plan in the District of Columbia.

The other notes the confidence of one of the people involved in Kelo:

“How could we possibly lose this?” Von Winkle said in an interview. “You can’t do what they’re doing. If Pfizer wants property, they’ve got to buy it, not steal it.”

At issue is whether or not the .gov can take property from one person and transfer ownership to another private entity in the name of public use, which has very recently been bastardized to mean public good. A ruling for the property owners would be great and the right thing to do. A ruling against will likely mean the end of property rights as we know them. Seriously.

Sigarms just got a $23.7M dollar contract to provide service weapons for the Department of Homeland Security:

The winners were three models of Sig Sauer pistols, the P229, P226 and the P239. The P226 and P229 are equipped with a newly designed DAK trigger system, developed by JP Sauer & Sohn, a German-based 200-year-old sister company.

The final Homeland Security order includes sub-compact, compact and full-sized pistols, in two calibers, 9mm and .40-caliber.

Michael Silence notes that the Tennessee legislature are pushing for a constitutional amendment guaranteeing the right to hunt. They fear that the animal rights groups will slowly put an end to hunting and what it protected in the constitution.

The second amendment doesn’t mention hunting yet anti-gun folks like to point out that some guns aren’t used for hunting.

The Georgia House now has a bill (HB78) to ban pit bulls.

The guys at Knoxpatch are on a roll.

Adam notes some particularly silly laws that the Tennessee legislature is looking at passing.

Kevin has a transcript of the segment.

Matt reports that CNN wanted to conduct their hit-piece on the 50 caliber so badly that they violated the law to obtain the story. He has a follow up on the story noting that CNN traveled out of state and purchased a 50 caliber rifle in a private sale (which is not illegal). Then transported the rifle across state lines. This is in violation of the 18 U.S.C. section 922(a)(3).

CNN outright misled the public by acting as though the purchase of this firearm was conducted within the law. It wasn’t. Someone should go to jail.

Kevin has more. As does Jed. Matt is all over it.

Best pun goes to XRLQ with: The Most Busted Name in News

Update: As Xrlq points out, the purchase from a non-dealer is not a straw purchase as those can only be done through a dealer. However, CNN likely used a Texas resident to convince the seller that the purchase was legal.

Update 2: Matt has more on the illegalities of the situation. Now, do I think this reporter committed a hideous crime? No. He merely didn’t go about it right and have all his paperwork in line. He could have bought through an FFL without running afoul of the law. However, failure to fill out forms has resulted in ATF folks storming houses with machine guns and stomping kittens. It’s a silly law but the press is no better than you or me.

The Daily Times notes upcoming family events:

The high power rifle program is about to begin at the Oak Ridge Sportsmen’s Club. It offers excellent target shooting for everyone from beginners to experts. Their high power range reaches to 1,000 yards and is one of the finest in the East. A big variety of shoots are open to public participation and viewing.

One of the best ways to break into match shooting is the CMP/DCM Rifle Matches, which are usually held on the third Saturday of the month starting in March. This has a federal government program (Civilian Marksmanship Program) that furnishes M1 Garands and ammunition at a nominal price, and makes the participant eligible to purchase an M1 Garand at a special price.

ORSA has beginner’s clinics for the CMP/DCM that are ideal for the first-timers. Distances shot are at 200, 300 and 600 yards. They are at 9:00 a.m. on Saturday, March 19, April 16, and Sept. 17. Contact Dan Worsham for more information at 947-0735, or e-mail at dworsham@frontiernet.net.

In California there is (and I’m not making this up) a bill to repeal the state’s assault weapons ban.

Lots of speculation regarding who will replace Senator Frist in 2006 (when, in theory, he leaves to run for president). Mike has a rather extensive round up on possible replacements.

Joe Huffman reports there are Kabooms for sale. On Ebay. Sounds like the perfect gift.

Good read at CNSNews on the tyranny of eminent domain and how the Kelo case will determine the future of property rights in America:

The seizures and transfers, the government says, are in “the public interest” — because they will lead to more jobs for New London residents and more tax dollars for the government.

This type of justification was given more than 10,000 times between 1998 and 2002, and across 41 states, to use eminent domain (or its threat) to seize private property.

The attitude behind these seizures was epitomized by a Lancaster, CA, city attorney explaining why a 99-Cents Only store should be condemned to make way for a Costco: “99 Cents produces less than $40,000 [a year] in sales taxes, and Costco was producing more than $400,000. You tell me which was more important?”

To such government officials, the fact that an individual earns a piece of property and wants to use and enjoy it, is of no importance–all that matters is “the public.”

But as philosopher Ayn Rand observed, “there is no such entity as ‘the public,’ since the public is merely a number of individuals…the idea that ‘the public interest’ supersedes private interests and rights can have but one meaning: that the interests and rights of some individuals take precedence over the interests and rights of others.”

The Supreme Court begins hearing it tomorrow.

This time, a gun saved a family from a fire:

Hearing his terrified son’s screams, an off-duty cop trapped inside a fiery Brooklyn apartment tried to shoot the window guards off his home early yesterday in a desperate bid to save his family.

The bullets bounced off and the bars held firm, but the gunshots startled several neighbors who then called 911.

All kinds of gun stuff over at the premier of the Carnival of the Cordite.

Mostly Cajun has had a Boudreaux-and-Thibodeaux joke-a-thon lately. But the whole blog is good, so make a round and pass a good time!

Oh, and have you heard this one? This happened about a month ago just outside of Cocodrie, a little town in the bayou country of Louisiana, and while it sounds like an Alfred Hitchcock tale, it’s real. This out of state traveler was on the side of the road, hitchhiking on a real dark night in the middle of a thunderstorm. Time passed slowly and no cars went by.

It was raining so hard he could hardly see his hand in front of his face. Suddenly he saw a car moving slowly, approaching and appearing ghostlike in the rain. It slowly and silently crept toward him and stopped.

Wanting a ride real bad the guy jumped into the car and closed the door; only then did he realize that there was nobody behind the wheel, and no sound of an engine to be heard over the rain. Again the car crept slowly forward and the guy was terrified, too scared to think of jumping out and running.

The guy saw that the car was approaching a sharp curve and, still too scared to jump out, he started to pray and begging for his life; he was sure the ghost car would go off the road and in the bayou and he would surely drown! But just before the curve a shadowy figure appeared at the driver’s window and a hand reached in and turned the steering wheel, guiding the car safely around the bend. Then, just as silently, the hand disappeared through the window and the hitchhiker was alone again!

Paralyzed with fear, the guy watched the hand reappear every time they reached a curve. Finally the guy, scared to near death, had all he could take and jumped out of the car and ran to town. Wet and in shock, he went into a bar and voice quavering, ordered two shots of whiskey, then told everybody about his supernatural experience. A silence enveloped and everybody got goose bumps when they realized the guy was telling the truth (and not just some drunk). About half an hour later two guys walked into the bar and one says to the other,

“Look Boudreaux, ders dat idiot that rode in our car when we wuz pushin it in the rain.”

Since my phone has that handy-dandy camera feature, I’m always tempted to snap pictures of some of the wacky bumper sticker collections I sometimes see. Here’s my latest (don’t worry, it was at a stop light, and I wasn’t the driver). Unfortunately, the quality is not that good.
Read the rest of this entry »

Star Wars III to open Cannes, Suck

Guy with politically incorrect name not only governor of California but US Intelligence Chief

Bush Signs Law Curbing Class-Action Lawsuits, lawyers ready to sue

NBA Games to be even more boring

Nudists dine in New York style, other people suddenly sticking to diets; shortage of wetnaps reported

In Blount County, no wheel tax for now.

Pretty neat:

A gunman invaded the high school Wednesday, but the assassin was Gillette Police Officer Randy Monk. And a group of teens were given the chance to learn tactics employed by police during a school emergency.

“This is a decision-making exercise … split-second decisions,” Monk says to the group as part of the latest session of the Youth Law Academy, which presents kids with various aspects of law enforcement.

School Resource Officer Dirk Blackmer said it’s not only about teaching emergency police tactics, but also about spending time with students. “We’re not out writing these kids tickets, we’re working with them,” he says. “Just esprit de corps.”

They are armed with converted 9 mm Glock pistols that shoot tiny paint pellets the size of a pencil eraser and equipped with space-age-looking protective helmets and padded vests, all of which police nationally use for training.

In three-person teams, the teens search down a hallway leading to the school’s cafeteria in what Officer John Lawrence described to them as “a worst-case scenario.”

Barry notes that one local idiot got shot by another local idiot. One idiot gets out of his car and takes out his aggression on the other guy’s car. Having finished damaging the car, he heads back to his car and is shot in the leg.

First, the guy doing the shooting was not in danger. Had he drawn his weapon when the guy approached the car and the guy continued to advance, it could have been self defense.

Second, wounding shots (like warning shots) are always illegal. Period. If you’re unwilling to kill (the legal theory goes), then you’re life is not in danger.

Third, packing drunk is not cool. Nor is driving drunk.

So, you’re big oil and gas corporation and you happen to own an island. You decide you want to donate the land for a nature preserve. You’re wrong. You should develop the island. Actually, the city will take it and do it for you:

Pennsauken officials are poised to take a major step next week toward taking Petty’s Island as part of a $1 billion waterfront redevelopment project.

On Wednesday, the township committee is expected to pass an ordinance authorizing Pennsauken to begin acquiring the 292-acre island through eminent domain. The island’s owner, Citgo Petroleum Corp., is opposed to the development and wants to donate the land as a nature preserve.

And there’s some brilliant reporting:

The township has the right to take Petty’s Island through eminent domain because it is in a redevelopment zone.

My copy of the Constitution doesn’t mention redevelopment zones.

In an update to a California school’s attempts to treat children like cattle, I’m glad to report that the company has pulled out:

The grade school that required students to wear radio frequency identification badges that can track their every move has ended the program because the company that developed the technology pulled out.

Increasingly, it’s not a taser problem but a cop problem. The NYT:

TOLEDO, Ohio – Police have suspended their use of stun guns following the death of a suspect who had been shocked nine times.

Lucas County Sheriff James Telb said Wednesday the department will not use Tasers again until more safety studies are conducted. He said his officers have used Tasers about a dozen times since they went into service last year.

Nine times? I’m pretty sure the studies would say chance of death is increased if you shock someone, say, nine times.

Couple of Daily Probe headlines:

New 9/11 Report: Bush Repeatedly Warned About Gay Marriage Threat

CBS Warns Shareholders It Will Restate 2003/04 News Stories

As I promised, here is the review of the concealed carry class offered in the Otero county region…

Overall, the class was very informative about a number of issues regarding firearms laws in New Mexico, many of which are quite draconic but that is to be expected in a state with such a low population and large area. My personal ‘favorite’ being you cannot carry anywhere that ‘dispenses’ alcohol, which the state court has determined means by the bottle or by the drink. As a result of this you cannot carry into Walmart or any convenience store, not to mention restaurants, regardless of if you’re there to purchase alcohol or not. I sort of expected that one, just by what I had been told, but the extreme nature of the implications caught me by surprise. The instructor told us a story of how a group of legally open-carrying individuals were arrested as they walked in the door of a small mom and pop’s gas station because there was a small corner well in the back of the store where alcohol was on the shelf, these individuals claimed in court they didn’t know alcohol was sold there and it indeed wasn’t posted either, they’re serving time now apparently. This, of course, is second hand information so you shouldn’t absolutely trust me on it, but I’ll look back and see if I can find a news report on it. If it is true, that sounds more like the liberal north-east then most southern states I’ve visited.

There was a state requirement to teach proper firing safety and technique, which is always a good idea for these classes. Granted, everyone in the class was an experienced shooter and some were even competition shooters or military personnel, but refresher courses are something I’ll never complain about. Safety, as a topic, is something I feel can never be over-emphasized.

Then there’s the qualification itself, which was mainly an excuse for me to go out and shoot a couple hundred rounds of ammunition, something that’s always fun. You have to hit an 11×18 inch piece of paper 70% of the time, firing 15 rounds at 3 yards and another 10 at 7 yards. It was quite easy, and I only missed perfect scores on a few borrowed revolvers, the DA trigger pull was much stiffer than I’m used to, everything else was just fine.

The class also raised some notes about a bill presently attempting to pass through the state legislature. They’re proposing to reduce the age for concealed carry to 21 to bring it in line with other states and allow reciprocity, along with removing the caliber restriction as it is. For now, you must fire all calibers you wish to carry, both in semi-automatic frames and revolvers. Under the proposed change, you would be able to fire any caliber in lesser diameter to the one you qualified with for the class, so you’d really only have to fire your two biggest. They also want to change the renewal time from 2 years to 4 years, though the initial 2 years will not change.

The course cost was $140 plus tax, which worked out to about $150ish, about what I’ve paid for classes elsewhere. The licensing fee though is quite steep, an additional $100 and it’s only valid for 2 years.

Ace reporter Michael Silence’s blog has moved to a new URL. It can be found here.

Via Glenn, some courts and legislatures are taking on traffic cameras:

Red light camera programs in at least 19 cities across the country are likely to be shut down this year following actions taken by courts and legislatures in the past two weeks.

State legislatures threaten programs in Virginia, where 7 cities use the technology; Texas, where one city uses stoplight cameras; and Utah, where there are no cameras, but a strong push to install them. The courts threaten the programs in eleven North Carolina cities and could prompt significant refunds for ticketed drivers in California, where 39 cities use the technology.

The article notes that the cameras increase overall injury accidents, which I’ve noted before.

Knoxville has been pushing for these.

George Michael bids farewell to pop world. Apparently, he didn’t realize it said good bye to him about 15 years ago.

Kevin, in this post noting that Australia confiscated 43,000 weapons from cleaning up its registry, states that:

Registration: Only Good for Confiscation

I will not register. Ever.

In comments, I asked Kevin if he’d ever filled out a yellow form 4473 (which if you’ve ever bought a gun from a dealer, you have). It’s the form you fill out and they base the background check on (make sure you enter your county of residence in the address line, your drivers license address is correct, and answer the first question yes and the rest no – can you tell I’ve filled these out a few times?). He said he had. Sorry Kevin, but you’re already registered.

While there supposedly is no gun owner registry, guns can still be traced from the gun up. Police can track a gun to the last purchaser by following the paper trail. If there is mandatory registration, the powers that be can figure out who the last purchaser of a gun was. You could say you sold it. I don’t know if you can track from person to gun. My FFL buddies tell me that if you buy three or more handguns in five days, your name is put on a list at the ATF.

Having said that, I don’t really oppose oppose registration but I do oppose it to the extent it leads to confiscation. All my guns were bought through dealers and I filled out the yellow form for each of them. If there was a push to actually maintain a registry, I’d probably oppose it because it is a set up for confiscation.

That said, if it ever comes to confiscation, my response would be Come and get them.

With five days to go before the Supreme Court hears what is arguably the most important property rights case in recent history, it’s worth noting that over 30 municipalities filed friend of the court briefs in support of taking private property from owners to turn over to private developers.

A LA reporter on the expired assault weapons ban:

For ten years, it was illegal to manufacture or import semi-automatic weapons in the United States.

No, it wasn’t. It was illegal to manufacture or import semi-automatic weapons that accepted a detachable magazine that had more than one of either a flash suppressor, threaded barrel for a flash suppressor, folding stock, bayonet lug, and pistol grip. She also reports:

Greg Ware with Southwest Gun and Knife Shop says he’s definitely seen a hike since the ban expired. He sells five to six AK-47’s a week and demand is so high, he says, he sold out of them last weekend. Ware says, “Mainly they want to get one while they can. That’s the big deal, they’re legal now, people want to get them while they can. People are afraid they’re going to reinstitute a ban again and not be able to purchase them.”

Earl Gothreaux with Hunters Supply and Pistol Range says he’s seen an increase in the purchase of high capacity magazines. Not only can people purchase more rounds, they can get them for less. “Now that the law has expired, it went from $100 down to $25 again, so you’re able to get high capacity magazines for about five year ago prices,” said Gothreaux.

With no ban in effect, people can now get and are asking for accessories like bayonets and flash suppressors on assault weapons. Those who sell them say they know the main reason why. Ware says, “For cosmetic reasons. It looks good to have an assault weapon, it looks good and it’s a conversation piece. People show their gun and say, ‘Look at this, look at what I have on it’ and all the different accessories. It looks like the type of gun they’re seeing used on TV right now.” Gothreaux says, “People want what the Army has. People have the Rambo feeling or whatever. So, they get all fired up and they want something like that and there again, it’s because you can, you do.”

Excellent. However, people don’t have what the army has. The army has select fire machine guns.

Thomas at newsrack has two editions of the Volunteer Tailgate Party. The standard version and the year-end review.

Via Robert, comes a compilation of ATF letters addressing firearms laws, and ATF rulings.

Very interesting reading for gunnies.

Head is trying to organize a postal match. Cool. Maybe we need an RTB contingent.

I wish they’d stop using the word carnival for these things. But (via Jed) comes The Carnival of the Cordite, which should be coming soon.

Don’t forget that there is already a Shooters’ Carnival (the name wasn’t my idea).

Point and counter point.

The ATF now offers FFL EZ check so that if you need a firearm transferred from another state, the seller can verify that the buyer’s FFL holder is legit. The problem is that nobody I’ve ever used to transfer firearms is willing to transfer based on the FFL EZ check. They still want a signed copy sent to them via snail mail. Even that ATF site says that the EZ Check is no substitute for a copy. I can’t figure out the point of the system.

Via Drudge, we learn that in 1928, people had black and white cameras.

Why does the baby smell like beer?

From: Montana House of Representatives
To: Congress

STFU.

Here’s the text of the bill. The bill basically exempts people in the state of Montana from federal regulations pertaining to driver’s licenses and firearms (machine guns and suppressors are excluded for you people pondering moving there just for such a reason). Apparently, someone has heard of the Tenth Amendment. The bill passed the house by an amazing 94-6.

It looks like the media actually do know the difference between an assault rifle and a rifle that looks like an assault rifle:

A complaint said Gilbert had sold AK-47 assault rifles and other weapons to a confidential informant working with the federal government over the past two years. He was charged with five counts of being a felon in possession of a firearm, possession of a machine gun and possession of an unregistered gun.

Oh, no they don’t. Sorry.

The TN legislature has started pushing a constitutional amendment to ban gay marriage:

A proposed constitutional ban on gay marriage in Tennessee is moving forward again.

The Republican-controlled Senate Judiciary Committee approved the legislation 7-2 Tuesday. It will now be scheduled for debate in the full Senate.

Tennessee law already defines marriage as the union of one man and one woman, but Republicans say they are trying to prevent courts from allowing gay marriages in other states from being recognized in Tennessee.

The Legislature approved the ban last session by a simple majority, and now it needs a two-thirds majority this session before the question can be put to voters on a gubernatorial ballot.

Sadly, this will likely pass in Tennessee.

Ronald Ziol:

I read John Tsolakos’ opinion on why the ban on assault weapons should remain in effect. Since then, I have been rereading the federal Violent Crime Control and Law Enforcement Act of 1994, thinking I must have missed something. I now am certain I haven’t.

The bill defines “assault weapon” as a semi-automatic rifle that has an ability to accept a detachable magazine and has at least two of these: a folding or telescoping stock; a pistol grip that protrudes conspicuously beneath the action of the weapon; a bayonet mount; a flash suppresser (sic) or threaded barrel designed to accommodate a flash suppresser; and a grenade launcher. Nowhere is this firearm described as “continuous-fire,” as Tsolakos has stated.

Continuous-fire weapons are governed under the National Firearms Act of 1934.

Insurance companies have been doing this for a while:

The Pattens thought they were insurance-savvy, avoiding homeowner’s claims by paying for repairs and household accidents.

But a month ago, Mathew Patten and Wiccan York-Patten discovered that they had been dropped by their insurer two months earlier because of the family pet, an aging German shepherd named Allison.

Allison had never hurt anybody, but the insurance company deemed her an “unacceptable liability exposure.”

Not only because she is a dog, but because she is a German shepherd.

Some insurers have prohibited homeowners from harboring dangerous dogs for years. But in the past five years, some companies have developed lists of breeds they restrict from coverage based on their potential for danger.