A Geek With Guns

Chronicling the depravities of the State.

Archive for the ‘Gun Rights’ tag

Background Checks are Legalized Harassment

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Gun control advocates have been clamoring for universal background checks. In their fantasy world a background check is a simple and sensible tools to prevent prohibited individuals from obtaining a firearm. But background checks aren’t simple or sensible if you find yourself on the prohibited persons list.

Unlike the fantasy world gun control advocates live in, here in the real world the government can and do add people to the prohibited list without cause. Whether an incident is due to an honest clerical mistake or purposeful harassment will always remain unknown because the process is opaque. But if your name is wrongly added to the list the only recourse available to you is to sue the federal government, which can drag out the court case to increase your expenses and then finally take your name off of the list voluntarily so that you’re stuck with those expenses:

Recently, Stamboulieh Law, PLLC, posted up on one of their latest cases, Ledet v. USA, where their client Mr. Ledet was forced to sue the United States to get his NICS checks records corrected. Despite having NICS “roll over” and correct the records, Mr. Ledet is not the “prevailing party” in his own lawsuit, as no judgment was rendered as the point of the suit was moot – NICS corrected its records.

Basically, the Court did not issue a ruling as the claimant received “relief” through the successful resolution of the NICS check allowing him to purchase a firearm. Therefore, he was not a “prevailing party”. Per the Court’s judgement:

“[A] plaintiff does not prevail even though its action has caused the defendant to change is primary conduct, because the plaintiff does not thereby obtain a ‘judicially sanctioned change in the legal relationship of the parties.’”

So, in short, unless a court orders the FBI to change its records, the FBI and its NICS division can drag out a case and increase the costs of the plaintiff and so long as they change voluntarily without a court order, NICS is off the hook for costs.

The National Instant Criminal Background Check System (NICS) has create yet another avenue for the State to harass gun owners and people who are interested in becoming gun owners. People who have been wrongly placed on the prohibited persons list are looking at massive legal expenses if they want to exercise their so-called right to keep and bear arms.

If gun control advocates were sincere they would be working to fix glaring issues with NICS, such as this one, before demanding the system be made mandatory for all firearm transfers. However, their support of universal background checks doesn’t stem from a desire to keep weapons out of the hands of bad individuals, it stems from a desire to prohibit gun ownership. Under the current laws of the United States an outright ban is difficult to pass into law. But an de facto ban can be established by artificially raising the cost of buying a gun by introducing license and legal fees. Mr. Ledet just got to experience how NICS is a perfect tool for greatly increasing the cost of gun ownership.

Written by Christopher Burg

June 27th, 2017 at 11:00 am

Your Vote Really Doesn’t Matter

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I often pointed out that statistically your vote doesn’t matter. Moreover, your vote literally doesn’t matter:

Watching the ongoing clown show in Washington, Americans can be forgiven for asking themselves, “Why did we give this bunch of clowns so very much power over our nation and our lives?”

Well, don’t feel so bad, voters. Because you didn’t actually give them that much power. They just took it. That’s the thesis of Columbia Law Professor Philip Hamburger’s new book, The Administrative Threat, a short, punchy followup to his magisterial Is Administrative Law Unlawful? Both deal with the extraordinary — and illegitimate — power that administrative agencies have assumed in American life.

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But today, the laws that actually affect people and businesses are seldom written by Congress; instead they are created by administrative agencies through a process of “informal rulemaking,” a process whose chief virtue is that it’s easy for the rulers to engage in, and hard for the ruled to observe or influence. Non-judicial administrative courts decide cases, and impose penalties, without a jury or an actual judge. And the protections in the Constitution and Bill of Rights (like the requirement for a judge-issued search warrant before a search) are often inapplicable.

If you received a public school education, your civics teacher probably taught you that laws are written by Congress and signed or vetoed by the president. That’s a gross simplification of the actual process. While laws must be written by Congress and signed by the president, rules can be made by any government agency. Those agencies aren’t headed by elected officials yet they have the power to create rules that directly impact your life.

Gun owners are intimately aware of this since the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has the power to make rules based on its interpretation of the law. What is an Any Other Weapon (AOW)? According to the ATF you can turn your regular pistol into an AOW by attaching a vertical foregrip to its front rail. Likewise, according to the ATF an arm brace on an AR-15 pistol isn’t a short-barreled rifle… unless you hold it incorrectly. While the National Firearms Act (NFA) created these categories of weapons the ATF was given the power to decide exactly what those categories entail.

Written by Christopher Burg

June 21st, 2017 at 10:30 am

Technology to the Rescue

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One of the reasons that the State fails to maintain its control is because it’s competing with the creative potential of every human on Earth. Let’s take the drug war. The federal government of the United States has been dealt significant blows in its crusade against cannabis in recent years as individual states have legalized consumption of the plant either entirely or in approved manners. Hoping to regain some semblance of control, the feds tried to use their influence on the banking industry to make life difficult for cannabis related businesses. However, the centralized banking system isn’t as powerful as it once was:

Enter bitcoin, the cryptocurrency that consists of digital coins “mined” by computers solving increasingly complex math problems. At least two financial-technology startups, POSaBIT and SinglePoint Inc., use the cryptocurrency as an intermediate step that lets pot connoisseurs use their bank-issued credit cards to buy weed.

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Once a customer decides on which marijuana product to buy, an employee asks if he or she would like to use cash or digital currency, Lai said. If the buyer prefers the latter, the Trove employee explains that the customer can use a credit card to buy bitcoin through a POSaBIT kiosk, with a $2 transaction fee tacked on.

The customer, who would now own bitcoin equal to the value of the purchase, can then redeem the currency in the store. Or the buyer can keep their bitcoin and use it anywhere else that accepts the currency. If the customer finishes the purchase in the store, POSaBIT, which pockets the transaction fee, then sends the value in U.S. dollars to Trove’s bank account.

Cryptocurrencies have been making the State red in the face ever since the first person realized that they could be combined with hidden services to perform anonymous online transactions. Now they’re disrupting the fed’s war on drugs in the physical world in states where cannabis has been legalized.

Cryptocurrencies are a technology gun stores should also be looking into. Banks have been closing the accounts of many businesses tied to the gun market. Technologies like Bitcoin and Ethereum could allow these businesses to circumvent the need for centralized banks by either utilizing an intermediary like the cannabis industry is starting to do or by being a direct store of wealth outside of a third party’s control.

Written by Christopher Burg

June 15th, 2017 at 11:00 am

When Seconds Count

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When seconds count your neighbor is closer than the police. In Oklahoma a man attempted to drown his two babies in a bathtub while holding their mother at knife point. Another child in the household ran to get their neighbor who arrived and resolved the situation:

A heroic man shot dead his neighbour in Ada, Oklahoma, after he tried to drown his three-month-old twins on Friday (2 June).

Cash Freeman fired twice at Leland Michael Foster as the former tried to submerge his baby twins in a bathtub, while holding their mother at bay with a knife.

Foster’s 12-year-old granddaughter told Freeman what was happening and he rushed to the premises with his gun at around 12.30pm (5.30pm BST).

As I said before, when response time truly matters the police are seldom a valid option. Police are fairly centralized, which means their response time is going to be measured in minutes. In a situation where somebody is trying to drown two babies minutes are too long. Neighbors, on the other hand, can respond almost immediately since they are next door.

Written by Christopher Burg

June 6th, 2017 at 10:00 am

Bob Owens Passed

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To say that I disagreed with a lot of what Bob Owens wrote would be an understatement. However, I’m saddened by the news of his passing.

It just goes to show that you never know what kind of demons somebody is battling in their personal life.

Written by Christopher Burg

May 10th, 2017 at 10:00 am

Posted in Gun Rights

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Accidental Gun Deaths Dropped

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If you listen to proponents for gun control you’d believe that accidental gun deaths are directly correlated with the number of guns available to the public. Strangely enough, even though gun sales have been at record highs, accidental gun deaths have been falling:

Gun sales are up, and accidental gun injuries are down, according to a report released this month by the National Safety Council.

The NSC’s “Injury Facts -2017 Edition” shows a 17 percent decrease in accidents involving firearms from 2014 to 2015, a period when gun sales soared.

There were 489 unintentional firearms-related fatalities during that time period, the lowest total since record-keeping began in 1903, accounting for less than 1 percent of accident deaths. This decrease, which was the largest percentage decline of any category cited in the NSC’s report, came in a year that saw record-high firearm sales.

I’m sure the proponents of gun control will continue to claim that accidental gun deaths are rising but the truth has never been their forte. Either way, it’s nice to see the number of accidental deaths decreasing. If I were to hazard a guess I’d credit this decrease to improving firearm education.

Written by Christopher Burg

April 4th, 2017 at 10:00 am

Gun Control is Futile

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I know that I’ve beaten this horse to death but people still call for gun control so I have to keep pulverizing the equine’s carcass. Today we’re going to travel to Brazil, where gun control laws are pretty strict.

The reason gun control is futile is because a gun is something that can be easily built with a few modest tools. Police in Brazil recently confiscated a homemade machine gun. Unlike a lot of homemade guns, this one is actually pretty nicely finished and decently designed:

The pistol shown above, chambered to the .380ACP round, has an unusually decent overall finish and came with a very large capacity (30-round +?) box magazine. The tubular receiver extends to a muzzle area extension made of a brass-like material. The magazine housing just ahead of the trigger guard is a box-like structure, the ejection port being vertically-located there. Since no fire-selector or applied safety devices are visible, it would seem that the contrivance is a full-auto-only gun (confirmed in one of the videos), as it’s often the case with such DIYs. Sights? Who needs them?

Truth be told, guns aren’t unique in being impossible to control. Anything that has been created can be copied. But the simple the device is the more easily it can be copied. Trying to control the spread of any technology is futile and it only becomes more futile with simpler technologies.

Written by Christopher Burg

March 30th, 2017 at 10:30 am

Everything is Stand Your Ground Law Now

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If three armed individuals break into your home and you shoot them does that fall under stand your ground doctrine? According to our friends across the pound it does:

The intruders – who police say were armed with brass knuckles and a knife – were shot by a 23-year-old man in an act of “self-defence”, officers said.

The son may not face charges due to so-called stand your ground laws.

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Two of the teenagers died inside the home and one ran outside before dying in the driveway.

I understand that learning what stand your ground doctrine means takes a whole 30 seconds of Google searching and that’s a lot of time when you’re trying to get your article in front of people who have the attention span of a goldfish. Still, it would benefit everybody if the facts being reported were accurate. In that sprit I will clarify the difference between castle doctrine, what the author was probably thinking of, and stand your ground.

Castle doctrine states that an individual has the right to defend themselves in their home without a duty to retreat. Stand your ground doctrine states that an individual has a right to defend themselves wherever they are, assuming they have a right to be there, without a duty to retreat. This case would fall more under castle doctrine than stand your ground.

But even in the absence of either law, assuming the facts currently being reported are accurate, this case looks like a pretty clear example of regular old self-defense. Three armed individuals wearing masks smashed a sliding glass window to gain entry into the home. That signals intentions that aren’t good for the homeowner.

You don’t find Girl Scouts smashing sliding glass windows to sell homeowners cookies. Even Jehovah Witnesses don’t go that far. So it’s fairly safe to assume that somebody breaking into your home doesn’t have good intentions.

Written by Christopher Burg

March 29th, 2017 at 11:00 am

You Gotta Pump Those Numbers Up

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With Hillary running for president and Obama occupying the White House, last year was a good year for the firearm market. Gun sales were up, ammunition sales were up, and the number of issued carry permits were up. Even a socialist paradise like Minnesota saw a record number of issued carry permits:

Law enforcement issued more than 71,000 permits to Minnesotans allowing them to carry a firearm in public, a record one-year total and a sharp increase from 2015, state officials said Wednesday.

As of Wednesday, the total number of valid permits in Minnesota was 265,728, the highest total ever reported in the annual release from the Department of Public Safety’s Bureau of Criminal Apprehension. Roughly one year ago, that total was 217,909.

Of course, those are rookie numbers and, unfortunately, I’m expecting that number to drop. Politicians who favor gun control are the best thing going for the firearm market. When people are told they won’t be able to buy something in the near future they rush out and buy it. Standard capacity magazines will fly off of the shelf when politicians start whispering about passing legislation restricting magazines to 10 rounds. AR-15s and AK-47s will fly off of the shelf when politicians start whispering about banning modern rifles. The best way to bolster the sale of something is to get a politician to threaten to ban it.

Written by Christopher Burg

March 2nd, 2017 at 10:00 am

Be Careful In Legal Gray Areas

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There are a lot of vague laws. For example, if you own a computer numerical control (CNC) machine and use it to build a firearm you’re legally in the clear so long as you can legally possess the firearm where you live. However, if you let somebody else use the machine are you still in the clear? You can legally manufacturer your own firearm so long as you don’t transfer it but what constitutes manufacturing your own firearm? This is one of those legal gray areas that one should be careful about operating in:

According to investigators, Crowninshield, known online as “Dr. Death,” would sell unfinished AR-15 lower receivers, which customers would then pay for him to transform into fully machined lower receivers using a computer numerically controlled (CNC) mill. (In October 2014, Cody Wilson, of Austin, Texas, who has pioneered 3D-printed guns, began selling a CNC mill called “Ghost Gunner,” designed to work specifically on the AR-15 lower.)

“In order to create the pretext that the individual in such a scenario was building his or her own firearm, the skilled machinist would often have the individual press a button or put his or her hands on a piece of machinery so that the individual could claim that the individual, rather than the machinist, made the firearm,” the government claimed in its April 14 plea agreement.

CNC machines add a new twist to manufacturing. Instead of being required to learn how to use a series of tools a person can now download specifications, place a raw block of material in a machine, press a button, and grab a coffee while they wait for the machine to finish doing its thing. Crowninshield decided that if he had his customer press the button that started the milling process then they would legally be manufacturing the firearm. I agree with that interpretation but since he plead guilty we don’t know what the courts think of that interpretation.

The lesson this story teaches is that one needs to be careful when operating in legal gray areas. Although you’re at risk of being arrested and charged for anything you do, you’re at especially high risk when the law isn’t clear about whether your activity is legal or illegal.

Written by Christopher Burg

February 24th, 2017 at 11:00 am