Using Guy Buybacks Against Gun Control Advocates

Gun buyback programs are, to put it bluntly, idiotic. The police use proceeds gathered from tax victims and civil forfeiture laws (i.e. direct theft) to buy firearms. While the gun control advocates claim these programs get guns off of the streets they only serve as evidence disposal since the police promise to ask no questions or perform any forensic analysis on the arms brought in. Criminals keep their firearm, individuals who have zero concept of the value of inherited firearms get sucked, and murders have a convenient method of getting the police to dispose of evidence. Fortunately not all is lost, a pro gun group managed to find a way to use a Chicago gun buyback against the police:

Sixty of the guns and several BB guns were turned in by the Champaign-based Guns Save Life. In return, the group received $6,240 in gift cards, said John Boch, president of the group.

Guns Save Life is known for the pro-gun signs the group posts along Interstate 57 between Chicago and Champaign. It also publishes a monthly gun journal.

Most of the money will go toward buying ammunition for an NRA youth camp in Bloomington. The rest will pay for four bolt-action rifles that will be given away to campers.

“This was rusty, non-firing junk that we turned in,” Boch said. “We are redirecting funds from people who would work against the private ownership of firearms to help introduce the next generation to shooting safely and responsibly.”

How great is that? Guns Save Life disposed of rusty nonfunctional junk and used the proceeds to introduce the next generation to firearms. The state may think it’s smart but individuals are smarter and will always find a way to use the state’s weapon against it.

Eric Holder will Face Contempt Vote

It appears Eric Holder’s last great attempt at avoiding a contempt vote has vanished as Speaker John Boehner has announced Congress is going forward with the vote:

The House is moving forward with a vote to hold Attorney General Eric Holder in contempt of Congress over a bungled gunalking operation, Speaker John Boehner, R-Ohio, told reporters Wednesday.

“We’ve given them ample time to comply,” Boehner said of White House officials.

The House Oversight Committee voted last Wednesday to hold the attorney general in contempt for refusing to release documents relating to Fast and Furious, a failed government operation that landed guns in the hands of Mexican cartels. House Republican lawmakers have questioned the administration’s role the case after President Obama granted Holder executive privilege.

If Congress is able to get ahold of the documents currently being concealed by Holder I’m guessing a veritable gold mine of corruption will be revealed. Holder has tried everything from claiming the documents would hamper ongoing investigations to getting his big man Obama to exercise executive privilege to keep the public from seeing them. I can’t imagine that much effort would be put into hiding documents that didn’t contain incriminating evidence.

Why Would You Need a Gun While Biking

I do a lot of biking in my free time. Whether I’m riding on roads or mountain bike trails I always have my Glock 30SF on my hip. Concealing a weapon while riding a biking isn’t very easy, I make the half-assed attempt by pulling my shirt over the Serpa holster I carry the gun in but needless to say people notice it once in a while and then they ask why I feel the need to carry a gun while biking. This is why:

This morning, journalist Jeremy Iggers was one of at least three victims violently attacked by six young thugs on the Midtown Greenway, a walking/biking path that runs through an old railroad right-of-way a couple blocks off of Lake Street.

Iggers and another biker were hit by thrown rocks; the other biker was beaten, and a third was robbed (it’s not clear if he was also injured). He writes about it here:

The Greenway has long been a favorite location for muggers, and it’s little wonder. The Greenway is a convenient conduit that brings innocent victims directly to criminal actors, in a straight-line tunnel with few or no avenues of escape, in the convenience of their own neighborhoods.

I end up using the Greenway periodically as it’s the quickest bike trail between my home and many parts of Minneapolis. There are numerous blind spots where attackers can get the jump on bikers. The Minneapolis Police Department supposedly has cops on bikes patrolling the Greenway but I’ve never actually seen one so I believe that claim almost as much as I believe claims of unicorns existing. For the most part those on biking trails are on their own. You can’t always avoid danger but you can equip yourself to have a better chance of surviving it.

Concealing a firearm while you’re riding a bike isn’t easy but, so long as you have a carry permit, Minnesota is an open and concealed carry state. If you ride a bike, have a carry permit, and want to carry a firearm, and aren’t doing so because you can’t figure out a good method of concealing the firearm don’t worry about it and carry your firearm. It’s better to potentially make others on the trail uncomfortable than to face multiple violent thugs unarmed.

But According to Gun Control Zealots Stand Your Ground Laws Legalize Murder

According to gun control zealots stand your grond laws allow anybody to murder somebody and get away with it by claiming they felt their life was in danger. Once again their claim doesn’t holdup as it appears Police investigate all shootings even if the shooter claims he felt his life was in danger:

A US man has been sentenced to four decades in prison after being found guilty of murdering his neighbour.

Raul Rodriguez, from Texas, shot teacher Kelly Danaher after an argument about a noisy party.

He had argued that a state law known as “stand your ground” allowed him to shoot the 36-year-old.

[…]

Prosecutors said that former fireman Rodriguez was the aggressor as he was carrying a gun when he went on to his neighbour’s drive and could have safely left at any time.

I left out all the mentions of the Zimmerman case because it’s irrelevant to this story and was inserted solely to get ratings on this story. Regarding this story though we can see that stand your ground laws don’t allow individual to get away with murder, they merely change the default view from one of guilt to innocence. This avoids situations like the once faced by Jay Rodney Lewis who lawfully defended himself only to be arrested and held for months (during this time he was evicted from his apartment, all his stuff was tossed out onto the street, and he was fired from his job with the Internal Revenue Service). Police will still investigate the shooting to determine whether or not your claim is truthful and if it’s not charges will be brought against you.

Once again the claims of gun control zealots have proven to be false, which is why most people ignore everything they say.

Yet the Anti-Gunners Continue to Claim Firearms are Always Deadly to Children

According to gun control zealots guns actively seek out and murder children. They imply that owning a gun in a home with kids will result in those guns killing the kids. I wonder how they explain this story:

A 14-year-old boy shot an intruder at a Laveen home near 55th and Minton avenues Friday afternoon, police said.

The boy was home with his three siblings, ranging in age from 8 to 12, when he saw a woman they did not recognize at the front of the house around 4:30 p.m. She began pounding on the door, said James Holmes, a Phoenix police spokesman.

The boy went upstairs and got a handgun, police said. A man with a rifle had forced his way into the home. He aimed the gun at the boy, and the boy shot him, police said.

This story demonstrations that the property method of keeping children safe around firearms isn’t abstinence, it’s education. Because the boy was property educated on the use of firearms he was able to protect his two siblings against an armed home invader. Had there not been a gun in the house the boy and his two siblings could very well be dead right now.

Kudos to the boy for defending his family and kudos to the parents for teaching the child how to properly handle a firearm.

Under the Radar Gun Control

Perhaps there was more to Obama’s comment about working on gun control under the radar than I first thought. Fast and Furious has blown wide open and evidence shows that the operation was, at least in part, about advancing gun control. Now we have a slightly stranger story about the Occupational Safety and Health Administration (OSHA) moving in to attack a gun range. What’s interesting is how desperate the charges appear to be:

Among the “violations” noted in the citation: An instructor on the range wore Howard Leight Impact Sport Electronic Earmuffs, which allegedly provided insufficient noise protection. (p. 11). I’ve never used the Howard Leight brand, but I have used electronic muffs from Peltor and from Dillon. Electronic muffs are the perfect choice for hearing protection and range safety, especially for an instructor. When the muffs detect a sound spike, they instantly shut down, reducing the noise to a comfortable level. Unlike passive muffs, electronic muffs do not block sound at other times, so it is much easier for the instructor to communicate with students, and to hear everything going on in the area. Indeed, normal sounds (but not gunshots) can be amplified by the muff’s electronics, if the user so chooses.

I have these exact same ear muffs, as do several people I know. They are sufficient for me and I have rather sensitive hearing so I see no grounds for claiming they offer insufficient protection. The charges get even more silly from there:

Here’s another violation: “A gun range instructor conducting shooter instruction was observed reaching down on the range floor to collect a loaded handgun cartridge. The employee was not wearing any hand protection such as gloves. The gun range floor was contaminated with lead. The gun had misfired and it required manual cycling of the barrel slide to remove the defective round which then fell on the gun range floor.” (p. 22).

Umm… I can’t tell you how many times I’ve picked up loaded cartridges from the ground without any hand protection. Unless you’re dealing with unjacketed rounds and pick up the cartridge by the bullet there is no chance of lead exposure. If the round does go off (let’s say due to a hang fire) gloves aren’t going to protect your hand from the shrapnell. The idiocy of this violation can’t even begin to be explained.

What’s more worrisome is the fact OSHA has the ability to find a workplace because of employee actions. OSHA should have no way in what an individual does. If an individual is stupid enough not to wear hearing protection (or is deaf and not in need of hearing protection) that’s their business. Even though most employers have restrictions against such actions there isn’t always a boss to watch the employees so they can violate posted safety rules, it shouldn’t fall on the shoulders of employers when that happens.

With “violations” like those mentioned above it would be a trivial matter for OSHA to shutdown any firing range. Many ranges aren’t able to eat a $111,000 fine and a return by the OSHA thug would certainly net the exact same “violations” as they are unavoidable (especially the “violation” of picking up an unfired cartridge). Of course having such actions be finable offenses is great if your goal is to shut a range down, which I’m betting is part of the motivation behind the current set of charges.

They’re the Only Ones Violent Enough to Beat Lawful Carry Permit Holders

The state likes to protect its monopoly on violence so they periodically take it upon themselves to seek out challengers and initiate violence against them. That appears to be the motive of Minneapolis police officers in Zachary King’s case:

Zachary King says he was walking to his car when police noticed his gun in his waist band. He claims he told police he had a permit to carry, but they still attacked him.

King suffered a concussion after five officers beat him on Father’s Day night. King says video of the assault was taken by a bystander. He says it all started when police noticed a bulge near his waist band.

“I have my conceal and carry, and it’s my gun. And soon as I said that he grabbed me by my neck, slammed me against the wall, snatched my gun out the holster, started waving it in the air saying ‘gun, gun, gun,’” said King.

[…]

King says officers eventually went for his back pocket and his wallet to get his weapons permit.

“And he goes like this to show them that I have my card and they stopped beating me,” said King.

With that said King’s past is brought up in the story as he has had previous run ins with the police:

King’s attorney, Mike Patton, says his client was arrested, jailed and not charged for recording police back in April that allegedly showed abuse of power.

Recording the police isn’t a crime in Minnesota so this is entirely irrelevant as far as King’s character is concerned.

He was also acquitted of manslaughter in 2008 after his pit bull mauled to death his 7-year-old son.

This is the more damning thing against King’s character but I believe it to be irrelevant to his current situation. King was acquitted of charges so this wasn’t a crime and we also don’t have any information to go on regarding the case. Did King’s son abuse the dog? Was King even around when it happened? Either way this isn’t relevant to his current predicament although it’s going to be used against him in all likelihood.

Speaking of pasts, let’s touch on the Minneapolis Police Department’s (MPD). MPD isn’t known for being, shall we say, upstanding. This is the same department that established a Gang Task Force that was allowed to run wild, steal private property, and extort money from individual. The main difference between King’s past and MPD’s past is the fact MPD was actually found guilty of misdeeds.

Overall, this could be an interesting case to watch.

Guilty Until Proven… Never Mind, You’re Just Guilty

EDIT: 2012-06-19 07:00: Bikerdad pointed out that these people have been charged and are being held by the federal government. My confusion can be partially blamed on writing the story in the wee hours of the night and partially blamed on the story being downright confusing (mostly the former though).

The root cause of this problem regards the definition of who can and can’t have a firearm. According to the story:

Decades ago, Congress made it a federal crime for convicted felons to have a gun. The law proved to be a powerful tool for police and prosecutors to target repeat offenders who managed to escape stiff punishment in state courts. In some cases, federal courts can put people in prison for significantly longer for merely possessing a gun than state courts can for using the gun to shoot at someone.

To make that law work in every state, Congress wrote one national definition of who cannot own a gun: someone who has been convicted of a crime serious enough that he or she could have been sentenced to more than a year in prison.

Combine this definition with North Carolina’s rather interesting method of determining a person’s sentence:

Figuring out who fits that definition in North Carolina is not as simple as it sounds. In 1993, state lawmakers adopted a unique system called “structured sentencing” that changes the maximum prison term for a crime, based on the record of the person who committed it. People with relatively short criminal records who commit crimes such as distributing cocaine and writing bad checks face no more than a few months in jail; people with more extensive records face much longer sentences.

Finally combine the above two facts with a ruling that changed the laws:

Last year, the U.S. Court of Appeals for the 4th Circuit said federal courts (including itself) had been getting the law wrong. Only people who could have actually faced more than a year in prison for their crimes qualify as felons under federal law.

The 4th Circuit’s decision came in a little-noticed drug case, United States v. Simmons, but its implications could be dramatic. For one thing, tens of thousands of people in North Carolina have criminal records that no longer make having a gun a federal crime. About half of the felony convictions in North Carolina’s state courts over the past decade were for offenses that no longer count as felonies under federal law.

Needless to say the so-called justice system in the United States is convoluted. The above scenario makes things confusing already but then you combine the fact that cases often get handed over to different courts and you have for some fun times:

Police checked the guns’ serial numbers and learned the shotgun had been reported stolen, so they arrested McCullum. (They didn’t realize until later that the gun had been stolen nine years earlier, by someone else, when McCullum was 12.) When they found out McCullum had a criminal record, they charged him with possession of a firearm by a felon, and turned the case over to the federal government.

What’s interesting is the implications of this mess. There are currently people being held in federal prison who are not actually guilty of federal crime, except they are, unless they’re not. We do know that the federal government “believe innocence is a valid case to release prisoners so those sitting in federal prison will likely be there for a while longer. Looking at this case from the current angle I have to ask where North Carolina is. Isn’t one of the duties of an individual state government to protect its people? Why isn’t the government of North Carolina up in arms over this? Shouldn’t they be making legal proceedings to get their people out? Should they not be readying themselves to storm the federal prison complex to free their people?

Like the federal government, the individual state governments don’t care about the people. Nothing is likely to change for those currently being held illegally in federal prisons. The federal government doesn’t believe innocence is a valid reason to free a prisoner and the individual state governments long ago became subservient to the federal government. We shouldn’t be surprised by this as it is the only logical result of having one entity with monopoly control over both law enforcement and the courts. There is a conflict of interest that results in the people being shafted.

I have left the post I originally wrote below for historical purposes and because I like to keep demonstrations of my failures around to remind myself to do better. Have fun reading:

Here’s another story sent in by Zerg539 via Twitter. Like the last one he sent in this one isn’t going to do well for those with heart conditions but it appears as though North Carolina has decided to completely do away with the idea of innocence:

A USA TODAY investigation, based on court records and interviews with government officials and attorneys, found more than 60 men who went to prison for violating federal gun possession laws, even though courts have since determined that it was not a federal crime for them to have a gun.

Many of them don’t even know they’re innocent.

The legal issues underlying their situation are complicated, and are unique to North Carolina. But the bottom line is that each of them went to prison for breaking a law that makes it a federal crime for convicted felons to possess a gun. The problem is that none of them had criminal records serious enough to make them felons under federal law.

North Carolina is throwing people in prison for lawful behavior. This shouldn’t come as a surprise to anybody since such behavior is typical for a state. What really adds to this story though is that the federal government, who often claim their duty is to swoop in and protect people from the individual state governments, has decided this battle isn’t one they should be involved in:

Justice Department officials said it is not their job to notify prisoners that they might be incarcerated for something that they now concede is not a crime. And although they have agreed in court filings that the men are innocent, they said they must still comply with federal laws that put strict limits on when and how people can challenge their convictions in court.

“We can’t be outcome driven,” said Anne Tompkins, the U.S. attorney in Charlotte. “We’ve got to make sure we follow the law, and people should want us to do that.” She said her office is “looking diligently for ways, within the confines of the law, to recommend relief for defendants who are legally innocent.”

When it appears that George Zimmerman’s motivation for shooting Trayvon Martin were race-related the federal government swooped right in. They were investigating the local government because they felt racism may have been the reason Zimmerman wasn’t arrested. It appears as though the federal government is very selective in what they will oversea regarding potential abuses by local governments though since innocent individuals in North Carolina are currently being held illegally and no help is going to be forthcoming.

I’ve said it numerous times but it bears repeating, this country is a police state. When innocence of a crime isn’t enough to set you free then there is no law and order. Granted, the federal government has openly stated before that “Federal law does not recognize actual innocence as a mechanism to overturn an otherwise valid conviction“. Basically, once you’re in the prison system, you’re fucked. You’re not innocent until proven guilty or guilty until proven innocent, you’re simply guilty.

Another Clever Case of Using the State’s Tools Against It

Via The Firearm Blog I came across another example of a clever individual using one of the state’s tools against it. Various police states claim that gun buyback programs get illegal guns off of the street and therefore reduce crime. These programs don’t reduce crime and exist solely to use taxpayer money to sucker individuals into selling firearms for less then they’re worth. A clever individual has found a way to get some of his taxpayer money back from the demonstrable irresponsible state:

Many works from the show conflated fashion and violence, as with HG (Hermés Hand Grenade) (1995) and Tiffany Glock (Model 19) (1995), both of which were models made with Hermes or Tiffany packaging.

Although these sculptures were non-functional, another piece – Hecho in Switzerland (1995) – was an actual working homemade gun. Sachs and his assistants would make similar guns and sell them back to the city as part of New York’s gun buyback program (for up to $300 each).

That’s rather brilliant. You can build a nonfunctional although convincing zip gun for almost nothing and then turn it into a gun buyback program for decent profit. Since the buyback programs don’t actually lower crime it would be wholly irresponsible to let the police continue sinking money into them, it would be doing the community a service to take that money from the unproductive wasters and distribute it to the productive providers of goods and services in the community.

Using the State’s Patent System Against It

While the patent system is a clever state devised mechanism to create artificially scarcity on a non-scarce resource (ideas) it’s nice to see it can be used against the state at times:

In California, legislation signed by Gov. Arnold Schwarzenegger in 2007 has been held up while the attorney general’s office makes sure the technology is unencumbered by patents, as the microstamping law requires. A gun rights group, the Calguns Foundation, went so far as to pay a $555 fee to extend a lapsing patent held by the developer to further delay the law from taking effect.

“It was a lot cheaper to keep the patent in force than to litigate over the issues,” said Gene Hoffman, the chairman of the foundation, adding that he believed the law amounted to a gun ban in California.

Excellent move Calguns Foundation. The interesting thing about microstamping, besides it’s unusable nature, is the fact it could be used as a de facto firearm ban. Microstamping is patented, meaning one entity has been granted a monopoly by the state on developing and selling the technology. While the patent owner claims he wants the technology to fall into the public domain the gun control zealots probably want it to remain patented. Why? Because laws can be put into place to require microstamping technology be implemented on firearms while the patent holder can make the cost of licensing the technology so absurdly high that nobody could purchase a firearm. Fortunately this issue is tied up in court because the scenario I just described would violate the right to keep and bear arms.

Although my accusation is speculative, I’m pretty sure the gun control zealots and California’s legislative body (but I repeat myself) were betting on the patent scenario I described above would work out in their favor. Instead their idea has actually worked out, somewhat, in our favor. Once in a while we can use the state’s weapon against it.