9th Appeals rules "bear arms" doesn't mean "carry" in a tricky election year way
Written by reg mathuszThere has been an enormous amount of discussion about yesterday's 9th Circuit of Appeals' ruling that concealed carry is not a Constitutional Right.
This Forbes article pretty much summarizes it: http://www.forbes.com/sites/frankminiter/2016/06/10/why-the-ninth-circuits-concealed-carry-gun-ruling-is-nonsense/#294716b38b92j
But I do have a few additional thoughts, I will be brief...
The 9th Circuit of Appeals has NEVER been friendly towards firearms. This ruling was clever at best. They didn't look whether "bearing" arms was possible they looked specifically (at the State's request) at "concealed carry."
And on "concealed carry" alone is how they made their ruling. The 2nd Amendment doesn't say anything about "concealed carry" does it? In order to do that they wore their tunnel vision goggles.
The ruling makes no sense if you look at the fact that "open carry" is illegal or requires - you guessed it - a permit. So, essentially there is no way to actually "bear arms" in public in CA. However, they didn't look at that issue. They claimed that issue has to be litigated separately, full well knowing that is virtually impossible. A person would have to prove that they were directly impacted by the open carry laws in order to even have legal standing. Remember only one plaintiff in Heller ended up passing the legal standing test.
What no one seems to be saying is that this ruling is politically driven. In my opinion, it most surely is:
We have a major candidate that when asked about the 2nd Amendment, she answers "IF it is a Constitutional Right...."
We have DNC rule makers saying that "no one" should have a gun (http://townhall.com/tipsheet/katiepavlich/2016/06/09/woman-shaping-democrat-platform-nobody-should-have-a-gun-n2175750)
I am seeing more and more articles about Heller being attributed to Justice Scalia and how the Supreme Court can be reshaped by the next president...
Heller is done. The Right to Keep and Bear Arms has been settled by the Supreme Court. BUT...
DC residents still fight to obtain firearms and get a license to carry it, or even keep it assembled in their own homes.
And now the 9th Circuit defies SCOTUS in an election year? Coincidence?
Think about it.
Addendum
As a side-note the ruling doesn't really impact states that are already 'shall issue.' It, however, really impacts discretionary (may issue) states where there is a fight to get a CCW.
At least one Sen. (WA) is already trying to capitalize on the media attention to restrict CCW licenses: http://q13fox.com/2016/06/09/washington-state-lawmaker-ruling-opens-door-to-limit-concealed-gun-permits/
I doubt this is the first time he has tried this.
WA SB6165: ATF eFile Form1s opens tomorrow (for about a month)
Written by reg mathuszJust a reminder that SB6165 goes into effect in Washington State tomorrow and the ATF will be accepting Form 1 applications at midnight - remember it's down on Wednesdays for maintenance so no last minute edits today.
It will remain open until July 13 when the new rules go into effect and we will be requried to submit applications by paper, and of course, following the new rules.
Glock 43-great for CCW but surprisingly shoots left in my hands
Written by reg mathuszWell, it appears that summertime is here in Seattle with temperatures actually up in the 90s (well, at least for a day anyway).
This is warm weather for us and I forgot that I had actually bought a Glock 43 a few months ago for the warm weather.
A Glock 43 you say? Well, that is pretty boring now. It was the hot new(est) slim 9 when it was first released but a lot of people have talked about it.
Well, despite being a Glock fan my opinion may surprise you.
Let me bore you for a moment. My EDC is a Glock and I have several different models and calibers. I was a Glock Certified Armorer (expired now).
The design is great. I got the 43 because of the size, and there it is excellent. It is significantly smaller and thinner than anything I own, but large enough
to still be functional. I like the stock grip size and thinness for concealment. A definite win for CCW.
But, I did not like shooting it. No, it wasn't the recoil but the pistol itself. My main EDC is a Glock 23 and in the summer-time I
switch to a 27. I have both guns in Gen3 and Gen4. I have no problem with the recoil, grip, trigger, etc.
Quite simply I shoot to the left with it. The short frame to trigger distance I think puts it uncomfortably in my hand. The connector is
steep, short, and rough. It is by far the worst trigger of any of my Glocks. The break is heavy and when it does it kind of goes "Sproing"!
I have talked to a couple of other people and they have similar opinions and coincidentally shoot to the left with it. Make no mistake there are
plenty of people (with bigger hands than me too) that have no issues with the little pistol. I know that it is me (along with a few others).
I will probably end up getting a laser just to see what I am doing to master it, but in the meantime it is not going to be my summer carry.
I have already replaced it with something a little more old school, but more on that shortly :)
The lesson? If you can, shoot it first! Even though its a Glock and they are famous for building pistols that look and function exactly the same, this one is not the same (to me at least).
NH Supreme Court strikes down non-res requirement to have home state CCW license
Written by reg mathuszIt is good to see a court strike down the NH Department of Safety's ad hoc requirement that a non-resident first obtain a home state CCW license before getting a NH non-resident CCW license.
This was not anywhere in the law.
"[W]e cannot disregard the fact that residents of certain states, like New Jersey, may simply be unable to satisfy state requirements for a license that differ from New Hampshire’s statutory requirements. Because the rules at issue here effectively incorporate into New Hampshire’s requirements for concealed-carry licenses the requirements established by other states for the issuance of concealed-carry licenses, the rules change the requirements of [the state statute], and thus, “add to, detract from, or modify the statute which they are intended to implement.” Accordingly, we conclude that the challenged rules — requiring nonresidents to provide proof that they hold resident state licenses in order to obtain concealed-carry licenses in New Hampshire — are ultra vires [i.e., beyond the Department’s powers] and, therefore, invalid."
MEDIA LIE: The 70-83% of NRA Members support "universal background check" lie
Written by reg mathuszI keep seeing this quote thrown around. Most recently it was tweeted by the Clinton Campaign along with a confusing and incorrect Venn Diagram.
I had to wonder where does this number come from? The NRA rightly counters that its membership is PRIVATE and the surveyors have no way of knowing that.
I did some quick Googling to so-called "Political/fact Check" websites and confirmed that they confirm them as "true". Hmm...
This one: http://www.politifact.com/wisconsin/statements/2015/mar/18/lena-taylor/most-nra-members-back-background-checks-all-gun-pu/
seems the most honest. They actually admit that they had to search for a source to confirm it. Talk about pre-determining things.
"In March 2013, Lee Leffingwell, then the mayor of Austin, Texas, made a two-part claim that includes the claim Taylor made. He said 90 percent of Americans and 74 percent of NRA members support background checks of gun purchasers. PolitiFact Texas rated his claim True.
The key evidence was an article published in the New England Journal of Medicine on a poll done in January 2013 by two entities at Johns Hopkins University -- the Department of Health Policy and Management and the Center for Gun Policy and Research.
The poll was conducted online among 2,703 adults -- including 169 NRA members -- through GfK Knowledge Networks, which specializes in working with academic and government researchers to do polling online. It recruits participants randomly via mail and telephone.
The poll found that 74 percent (to be precise, 73.7 percent) of NRA members supported requiring background checks for all gun sales. (The margin of error was seven points.)"
Ok, here are my problems that should be obvious to any reader (except apparently for the authors of the article):
1. It was an ONLINE survey
2. 2,703 participants
3. 169 self-identified NRA Members
This is the basis for making the claim that 74% of NRA members support "universal background checks"!
When the validity was questioned by the NRA the authors responded:
"...it is a common practice in polling to ask respondents to identify whether they are members of, for example, a political party or other group."
169 online responses is how they justify claims about what the NRA Membership believe.
Unbelievable. Remember that next time you read a "fact check."
NYPD ammo fails to penetrate Carhart Jacket, while Secret Service brings assailant down with a single shot
Written by reg mathuszWell, this is something that you don't see everyday....An assailant's jacket stopped NYPD bullets! What's odd is that his jacket was just a regular off the shelf Carhart!
The guns? Presumably Glock 19's loaded with 124gr Gold Dot.
Source: http://nypost.com/2016/05/19/nypd-checking-ammo-after-knifemans-jacket-stops-cops-bullets/
"A sergeant and an officer fired a total of nine rounds at 46-year-old Garry Conrad on Wednesday, with one of the shots killing the depressed Broadway stagehand who refused to drop the blade at West 49th Street and Eighth Avenue. Four of the bullets got lodged in Conrad’s Carhartt jacket, sources said, adding that he was not wearing a bulletproof vest."
I am a little curious what they find out, as Gold Dots are kind of a gold standard for defensive bullets!
And in other news, today at the White House the Secret Service did not have such a failure. Source: http://www.cnn.com/2016/05/20/politics/u-s-park-police-shooting-near-white-house/
"A Secret Service spokesman said the incident occurred shortly after 3 p.m. ET when a man carrying a gun approached a checkpoint on E Street near the White House. The suspect was given verbal commands to stop and drop the gun, and when he failed to comply, he was shot once by a Secret Service agent and taken into custody. Secret Service officers and an agent provided medical aid to the suspect, and the city's EMS said he was transported to a local hospital with critical injuries.
I believe that the Secret Service still carry 357SIG loaded with 125gr Gold Dot. No word on that assailant's jacket however.
And the internet caliber debates rage on....
More...
Good news, it has been a while since we have seen the Aimpoint program and it looks like it is hosted internally now rather than through a select distributor.
You can signup at: aimpointstore.com
where it appears that they have access to verify your credentials online.
'Smart guns' - if they don't want them force them.
Written by reg mathuszWith the President's new initiative on "common sense gun control" he has beginning pushing the development and adoption by the military and law enforcement.
Source: http://www.inc.com/will-yakowicz/president-obama-smart-guns.html (Google 'Obama smart gun' and you will get a plethora of reactions)
It seems that "smart guns" has become the new gun control catch phrase.
The truth? They don't work. Would you trust your life to your Smartphone's ability to recognize your fingerprint? Or how about your laptop facial recognition? The one that exists (Armatix) has failed miserably in tests and costs $1800. The company is in bankruptcy.
But the anti-gun media won't tell you that. In fact, they are trying to convince you that people do want them and that the Armatix is failing due to "activists" and "threats" against the company!
Source: http://www.newsweek.com/build-smart-gun-you-need-build-smart-gun-market-455365
Source: http://www.csmonitor.com/World/Passcode/Security-culture/2016/0504/Can-White-House-tech-startups-overcome-gun-lobby-resistance-to-smart-guns
Source: http://www.csmonitor.com/USA/2014/0503/Death-threats-stop-gun-store-from-selling-smart-gun.-Why
From the second article above:
"Around 40 percent of gun owners say they would trade their current weapon in for a smart gun, according to a poll released last January by Penn Schoen Berland polling. "
Sure. They know that "trade" means free, right?
Ask ANY gun owner if they think that that an $1800 .22 pistol that works sometimes is a good idea and how many they would like to buy. Seriously.
And if someone says "yes" ask them why they haven't bought one yet - because no one has.
The lack of reliability and reluctance for LE to adopt them was made abundantly clear this year at the "International Smart Gun Symposium" held here (surprise) in Seattle last year.
Noticeably absent was ANY gun manufacturer or trade or interest group. Why operate in the real world?
Although cited in press releases, what is never mentioned is what the KC Sheriff Urquart said:
"I’m probably the only person in this room who has zipped kids into bodybags," Urquhart told the crowd...Any tech to make that better is a good thing. That being said, [smart gun technology] is not ready for my officers yet. If it worked 110 percent of the time, I’d be interested."
My take away? So, if they don't want them...force them.
This will be my first attempt at reviewing pistols, accessories and just basically telling you all what I think about certain products.
First, a little about myself. I'm from the Western Maryland area. You know, the good area of Maryland. The area of Maryland where the rest of Marylanders come to defragment. The mountains of Allegany and Garrett counties. I am a Secondary High School teacher in training, NRA Pistol Instructor and Dad. My upbringing included mass quantities of firearms and hunting of all types so I have an idea what works for me and has worked for many others.
Obviously, I don't know it all and welcome your input on what I find....I've previously held an 01 FFL, sold bows but now focus on training new shooters for their Maryland Handgun Qualification License certification. We'll talk more on that subject later. My first review will be next Friday and will be the Glock 23, Gen 4. If you have something you would like reviewed tell me and I'll do my best to make it happen.
Concealment Express IWB J-Frame (brief) Review
Written by reg mathuszIt's not often I am planning for the season ahead but I found myself with the opportunity to buy a S&W (tm) model 640. It was an original series pre-lock original J-Frame 38SPL only.
They are not the rage any more so I got it a fair price at my local LGS.
I am also a fan of Kydex holsters. They are lightweight and thin. I was surprised to find that not a lot was available for an original J-Frame. My old favorite IWB CompTac (I think it was called a ShirtTucker) is no longer made and my favorite ankle holster company Renegade had gone out of business. But, I am pleased to see that Wilderness has picked up the line.
So, for IWB it seems that there are very little variances in the available holster designs. The first one that I tried was a Concealment Express that I found on Amazon for $40 shipped. (http://www.amazon.com/Concealment-Express-IWB-KYDEX-Holster/dp/B00UFEIHAQ/ref=sr_1_1?ie=UTF8&qid=1460577320&sr=8-1&keywords=concealment+express+642). How could I go wrong? It was a basic holster design with a large clip attachment in the center. Very common, very simple.
Their ad says that it fits a 442/642 - basically Airweight versions of my (older) 640. I emailed them to see if their holster would fit my 640. They replied that it was for a J-Frame. hmm. I clarified and they responded that they had not tried one specifically. Response was very quick. I decided to try one. It fit perfectly.
Well, to be honest I didn't like it. The clip was huge! My belts were simply dwarfed by it. I have an 1.5"-width super-thick Galco leather belt that is too thick for the majority of holsters - especially those with Kydex or synthetic clips. However, on this holster my belt was tiny. Wearing the holster it slid around in between the loops and my revolver's butt pivoted forward and back. I am also not a fan of putting the clip at the thickest part of the holster body and firearm.
The quality of the holster was good. The clip looked like it was one-size fits all holsters. Perhaps that is how they get the price so low. I emailed them about the clip and they never responded.
I think it would be fine for someone looking for an inexpensive holster that they would not be wearing for a long period of time or frequently. For me, I would rather pay additionally to get something that I could wear all-day, all the time. I sent it back. No use in having it sit in a drawer.
So, that was my first try. lol
Here is a pic of the holster's clip:
