Thursday, May 31, 2012

Proposed shotgun ban

regarding blog posts concerning a proposed shotgun import ban, and the Bureau of Alcohol, Tobacco, Firearms and Explosives’ solicitation of public comments about this issue.
While this outrageous proposal goes to show the Obama administration’s anti-gun agenda, it should be put into perspective. Firstly the proposal comment period  has well expired .the original proposal of April 2011.called for discussion . The NRA-ILA submitted numerous objections to the new law  and the law was officially de-funded in November 2011. In short it is not going to happen. The scaremongering is due to right wing political commentators spinning the truth. Yes Conservative right wingers are as adept as their left wing counterparts in spreading false rumors. This is an election year so all is fair in love and war, Remember that truth is always the first casualty of war. The proposal does show the Obama administration is still anti gun and anti second amendment. 

Tuesday, May 29, 2012

Kentucky UK University loses 2a case as predicted.

As I have been predicting for several months now, during our CCDW courses,  the University of Kentucky lost an important case
A reminder of the facts, for those who missed them .In April 2009. Michael Mitchell an anesthesia technician at UK medical center was reported to a supervisor after a co worker overheard him talking about guns.
Michell was interviewed and his locker searched,without result. In an effort to clarify the situation Mitchell told campus police that he did own a gun being a CCDW holder, but it was locked in his vehicle in a parking lot 1/4 mile away at Commonwealth stadium.
He was then taken to his car, his gun was illegally seized by the UK police and the university subsequently fired him from his job. It was clear to all but the troglodytes that run UK ,that these actions were against both State and federal law.
With the aid of KC3 Mitchell appealed through to the supreme court of Kentucky.
The court ruled as follows .
We conclude that Mitchells discharge was contrary to a fundamental and well defined public  Policy
ie the right to keep and bear arms as evidenced by the Kentucky Revised Statute, We further conclude that an explicit legislative statement prohibited Mitchell 's discharge .And that the reason for his discharge was his exercise of a right conferred conferred by a well -established legislative enactments. Therefore UK was not entitled to judgement.
In plain English this means The UK ignored the law,had no legal authority to fire Mitchell and did so anyhow.
Now they will have to pay the penalty. I congratulate KC3 and the Supreme Court. This was a battle we had to win ,here in our own backyard. Another victory for common sense.   

Wednesday, May 23, 2012

Oklahoma Backs gun carry, another slap for the anti gun crowd.

Oklahoma Gov. Mary Fallin signs open-carry gun bill into law

May 16--Oklahoma will become the 25th state to allow the open carrying of handguns.
Gov. Mary Fallin signed into law Tuesday a measure that allows Oklahomans to openly carry handguns.
The measure, Senate Bill 1733, allows those who are licensed to carry a firearm under the Oklahoma Self Defense Act a choice: to openly carry a weapon or conceal it.
It also allows a property owner to openly carry a handgun on his or her land. No concealed carry permit would be required.
To receive a license under the Oklahoma Self Defense Act, applicants must take a firearms safety and training course and submit to a background check by the Oklahoma State Bureau of Investigation. Those convicted of felonies and certain misdemeanors may not receive a handgun license.
The measure takes effect Nov. 1.
Oklahoma is the 25th state with either "permissive open carry" laws, which means no permit required, or "licensed open carry," which requires a permit. Oklahoma now joins Utah, North Dakota, Minnesota,, Indiana, Tennessee, Georgia, Mississippi, New Jersey, Connecticut, Rhode Island, Hawaii and Massachusetts as a "licensed open carry" state.
"As a strong supporter of the Second Amendment and a gun owner myself, I'm happy to sign this bill into law and grant law-abiding citizens the ability to openly carry firearms," Fallin said.

Tuesday, May 22, 2012

Iowa Governor overturns anti hunting law

Iowa Governor Terry Branstad has announced that he will nullify the traditional ammunition ban in Iowa, NRA-ILA reports.
In rejecting the ban, Governor Branstad said, “Today, I am exercising my legal power as governor and rescinding the ban on traditional shot by executive order. The determination of whether hunters should be forced to stop using traditional lead shot is the role of the legislature, not an unelected NRC.”
In July 2011, the Iowa Natural Resources Commission (NRC) imposed the ban following the enactment of the first dove-hunting season since 1918. The NRC slipped in the ban on the use of all traditional ammunition while setting bag limits for the re-enacted Iowa dove-hunting season.
Said Chris W. Cox, executive director of NRA’s Institute for Legislative Action, “The NRC pandered to anti-hunting extremist groups and did their political bidding. They failed to cite a single credible scientific study to back up their baseless claims to support this ban.”
NRA-ILA says traditional ammunition bans are financed by extremist anti-hunting groups, such as the Humane Society of the United States and the Sierra Club. The long-term goals of these groups are to try to eradicate hunting and firearm ownership by outlawing the use of common ammunition types.

Thursday, May 17, 2012

I have often pointed to California as an warning of what is in store for the rest of the USA ,if the liberal politicians gain the upper hand.Last year is just such an example. 
Two cases in 2011 indicate the state of justice in the state of California.
Police in two cities followed the same procedure. Each sent officers to a man’s home. The police confiscated firearms unrelated to the investigation. Then they refused to give back all of the guns.
In Oakland, police went to a man’s home to investigate his brother’s suicide. Not suspecting anything amiss, he let them into his home. Then they took all of his guns.
The police refused to return one of them. They claimed it is an assault rifle. He disputed this. So do his lawyers.
The second man lives in San Francisco. The police came to investigate him. They took his weapons. The district attorney dismissed the charges against him. The police kept a Remington .22 rifle, a 12-gauge shotgun, and five other guns.
The police claim he could not prove that he owned them. But they can’t prove that he didn’t. Possession is nine-tenths of the law, but not for citizens. It is for the police after the police confiscate the citizen’s weapons.
The Police are not always your friend, This was proved in New Orleans,after hurricane Katrina. I really feel sorry for the gun owners of that state ,but it is a problem of their making and choosing. If you elect anti constitutional legislators ,then you get anti constitutional laws.  

Tuesday, May 15, 2012

This from the NRA-ILA posted 11th May 2013. The following shows that the gun banners are on the defensive and are losing ground.
 
On Thursday, May 10, the U.S. House of Representatives passed H.R. 5326--the appropriations bill for the Departments of Commerce and Justice, Science, and Related Agencies fiscal year 2013--by a vote of 247-163.

One of the most important ways that Congress has protected the Second Amendment is through a number of general provisions included in various appropriations bills.  We are happy to report that 11 provisions to protect the Second Amendment were included in the bill.

Specifically, the bill makes permanent the following protections:
  • Curio and Relic Definition.  A prohibition on the use of funds to change the definition of a "curio or relic."  This provision protects the status of collectible firearms for future generations of firearms collectors.
  • Physical Inventory Prohibition.  Prohibition on a requirement to allow a physical inventory of federal firearms licensees.  The Clinton administration proposed a rule in 2000 to require an annual inventory by all licensees. While the Bush Administration eventually withdrew the proposal, Congress has still passed this preventive provision every year since FY 2007.
  • Business Activity.  This provision prohibits BATFE from denying federal firearms license applications or renewals based on a dealer’s low-business volume alone.
  • Firearms Trace Data Disclaimer.  A requirement that any trace data released must include a disclaimer stating that such data cannot be used to draw broad conclusions about firearms-related crime. 
In addition, the bill restores four provisions that the Obama administration's budget proposed to strike:
  • Firearms Parts Export to Canada.  A prohibition on the use of funds to require an export license for small firearms parts valued at less than $500 for export to Canada.   This provision is intended to remove an unnecessary and burdensome requirement on U.S. gun manufacturers that was imposed under the Clinton Administration (restored and made permanent).
  •  Importation of Curios and Relics.  A prohibition on the use of funds to arbitrarily deny importation of qualifying curio and relic firearms. This provision ensures that collectible firearms that meet all legal requirements for importation into the United States are not banned from import by executive branch fiat (restored and made permanent).
     
  • Prohibit Funding for "Gun Walking" Operations.  No funds may be used to knowingly transfer firearms to agents of drug cartels unless U.S. law enforcement personnel control or monitor the firearms at all times.  This amendment is designed to prevent the Justice Department (or any government entity) from spending taxpayer dollars on "gun walking" programs like Operation Fast and Furious.
  • Shotgun Importation Prohibition Protection.  Prohibits the Department of Justice from requiring imported shotguns to meet a "sporting purposes" test that the Bureau of Alcohol, Tobacco, Firearms and Explosives has used to prohibit the importation of shotguns with  one or more features disliked by the Agency, such as adjustable stocks, extended magazine tubes, etc.
The bill retains the following provision:

  • Transfer of BATFE Authority.  A prohibition on the use of funds to transfer any duty or responsibility of the BATFE to any other agency or department.  This provision was written in response to a Clinton Administration plan to transfer firearms enforcement to the FBI or Secret Service.  It also prohibits the Executive branch from skirting the will of Congress by allowing another agency to implement policies the BATFE is prohibited from implementing.
Finally, the bill includes two new provisions:
  • DOJ Funding Restriction.  Disallows funds to the Department of Justice if the DOJ falsifies documents, makes misleading or inaccurate statements, or covers up or conceals information.  It is intended to ensure the Department of Justice is truthful and forthright with ongoing Congressional investigations of "Operation Fast and Furious."  (Also known as the Chaffetz/Gosar/Farenthold "Fast and Furious" Amendment, this provision passed by a vote of 381-41.)
Southwest Border Rifle Registration.  Prohibits the use of federal funds to carry out the BATFE’s requirement that firearm dealers in the four southwestern border states file "multiple sales" reports on individuals who buy more than one detachable-magazine semi-automatic rifle of greater than .22 caliber in a five-day period.  (Also known as the Rehberg/Boren Amendment, this provision passed in committee by a vote of 30-19, despite a threatened veto by President Obama.)