New Trial Ordered for Kwan

Per Len Savage:

Found buried in todays edition of Seattle Times...

Don't think you got redirected to the wrong page if the headline you see involves a decapitated snake (and why that guy didn't just call in the Noble, OK PD for professional snake dispatching is beyond me). No, you need to scroll down through "Local News" to the next story to find:

A federal judge has granted a new trial to Albert K. Kwan, a Bellevue gun collector who was found guilty of illegally possessing a short-barrel rifle after a three-day jury trial in June.

Imagine that: the jury wasn't told parts need to be connected to make a whole. And while I see nothing about Kwan's acquittal on machine gun possession charges, I do see plenty of innuendo suggesting he's a shady character somehow involved in murder--that and a liar.

That goes with being an "authorized journalist," I guess. But funny--when Kwan was convicted, they had no problem reporting it not once, but twice. And again with all that nasty innuendo.

And what has Mr. Kwan been evidently wrongfully convicted of?

Investigators who searched his home...seized several weapons, including...a Heckler and Koch pistol that could be attached to a shoulder stock, making it a short-barreled rifle.

If that's all it takes, I might be guilty, too. I could take the stock off one of my rifles. I'm sure I have some bolts and a clamp somewhere in the garage I could use to attach it to one of my pistols--it wouldn't be very pretty, and I wouldn't want to use something so poorly modified, but it would certainly seem to meet the government litmus test.

I guess a government with unlimited resources can afford to throw them at anyone it sets its mind to. And if you anger the beast, it will set its mind to bringing you down.

New and Improved

Jeffersonian suggests the following "product improvement for the Only Ones":



Perhaps, but I do see a potential legal problem. Just as I pointed out several years back in "Smart Guns-Dumb Lawsuits":

...they would still be deemed negligent for not including such warnings in Spanish, French, Mandarin Chinese and Tagalog.

I mean, our diversity is our strength. Right?

[Image via Funpic]

Considering Kennesaw

GeorgiaCarry.org President Ed Stone said he is pleased to see Kennesaw take steps to change its ordinance, but said the organization would pursue legal action if the city failed to act.

Here's more information on a story WarOnGuns talked about a couple days ago.

[Via Ed Stone]

This Day in History: August 12

The court martial of George Washington's second-in-command at a crucial stage in the War of Independence was the culmination of a tense relationship between the two men and ended General Charles Lee's military career.

My Kind of Gals

They sure make our Million Mommy types look pathetic, don't they? Even the women members.

I'm the Only One--No, I'm the Only One

When Elitists Collide...

[More from "The Only Ones" Files]

Book Learnin'

"If the kid has a backpack next to them, or under the desk, they can pick it up, the straps act as a handle and it becomes a shield," Curran said.

It's much lighter than a 15-pound police vest. After three years of experimenting, the backpacks that were tested by an outside lab ranked threat level two. It stops an assortment of bullets, including 9-millimeter hollow point bullets.

It'll also give the assailant a nice target to aim at center mass. Besides, guess what else will stop "an assortment of bullets, including 9-millimeter hollow point bullets"?

How about just an ordinary backpack that doesn't cost $175 full of...uh... books?

But I wouldn't recommend betting my child's life on that. What would I recommend?

Oh, gee, I don't know.

Besides, Wayne doesn't like the idea.

Just So We're Clear on How This Works

...Carranza, who has a fake Social Security number, had been arrested on charges of raping a 5-year-old girl and then threatening the child and her parents. In that case he faced a 31-count indictment.

In another, he was arrested on assault charges stemming from a bar fight.

Immigration officials apparently were aware of Carranza's illegal status since his prior arrests, according to Essex County Sheriff Armando Fontoura.

The solution, of course, to prevent such execution-style killings by known illegal immigrants is to disarm American Citizens.

Take San Francisco Mayor Gavin Newsom (please!), who is trying to shut down the gun show at the Cow Palace (it's not even in his jurisdiction), while declaring San Francisco a "Sanctuary City" for the likes of Mr. Carranza.

As we've seen before, this despicable, out-of-control reprobate just ignores laws he objects to, but will not tolerate even the hint of defiance for one of his edicts.

That is the very definition of rule of man, the very definition of tyranny.

We're the Only Ones Permissive Enough

[I used BugMeNot to bypass site registration]

The FBI is looking into concealed-gun permits issued by the Sacramento County Sheriff's Department, according to documents filed in a lawsuit that alleges former Sheriff Lou Blanas issued permits as political favors....The lawsuit, filed in December 2003 when Blanas was sheriff, alleges that Blanas denied David Mehl, a chemical engineer, and Lok T. Lau, a retired FBI agent, equal protection under the law when his office turned down their applications for gun-carry permits.

Gee, you don't suppose having one of their own get denied was what prompted this. do you? I mean, it's not like this hasn't been SOP for California Sheriff and Police departments...

All animals deserve equal protection, but some animals deserve more equal protection than others.

[Via 1894C]

[More from "The Only Ones" files]

Nuge to Red's: You're on Your Own

"At this time, it does not appear that Ted's schedule will permit."

Yeah, 10 minutes of the Great Man's time is a lot to ask for.

The guy's in Boise, making untold profits off a fan base that includes untold thousands of gun owners and he can't be bothered?

Ryan has been trying to work with "his people," so he knows about the situation at Red's Trading Post. Evidently he doesn't want to involve his name in the controversy. Because if he wanted to, he could point Ryan out in the audience.

Ryan says "the positive side is I still get to see Ted in concert."

If it was me, I wouldn't go.

"What Better Person..."

...to explain to you how to make one of these videos than someone who knows absolutely nothing about technology?

Yeah, like firearms technology, seeing as how you Brady Luddites want to ban those employing designs that were developed in the same period as the light bulb.

Lewis Black adds his peculiar brand of acting like a smug urban smart ass while remaining typically unfunny in this latest Brady Campaign propaganda foray. He invites us to submit our own videos and "Tell us what you feel" (significantly, not "what you know"), and the thought strikes that we could do a repeat of the Million Moon March--except I fear the effort would be wasted and they'd never show critical viewpoints.

Pity, because the one I had in mind involves a look-alike of Black sitting at an identical set, going into his whiny rant when suddenly...well, let's just say it involves ski masks, rubber gloves and a meat fork, and he's powerless to stop it.

Hey--it's funnier than what he's doing, and he's a professional comic.

Years ago, I did a video called "Minute Men." We were at a gun rights rally in Sacramento, CA, and I set up a camera on a tripod and gave attendees (who signed a release) one minute to speak their mind on the right to keep and bear arms. I still have the tape and really ought to get it converted to digital format, edit it and post it online. All I need is the time to teach myself to do all that.

Guest Editorial: Liberty is Risky

By Charles H. Sawders

In a free society potential behavior cannot be punished. To the extent that it is, is the measure of the absence of liberty.

Unacceptable behavior proscribed by law, may be punished. But in a free society what one might, maybe, could, possibly, perhaps, be able to do is not grounds for punishment or truncation of rights. Only after the unacceptable behavior has occurred can a free society protect itself by punishing the actor, both as retribution and deterrence. Any punishment or restriction prior is a veto of liberty.

Liberty is risky. We must rely on the good natures of our fellow citizens to a large extent. Though risky, it has proven throughout history to be much safer than entrusting ourselves to the good natures of governments.

Those unwilling to risk liberty can always find a master. If that be their desire, I will not strive to prevent such, so long as they seek subservience and servitude on a personal level. They are not empowered to seek either, nor a master, for me. When they venture to do so they have become my enemy. An enemy who will not be tolerated. An enemy who will be counted among the forces of evil by free men everywhere.

Also by Charles H. Sawders:
The Downsides of Liberty

This Day in History: August 11

Under the present Situation of Affairs, I can give you no better direction than to remain at your post and collect all the force that you possibly can, the Season of the Year is to be sure inconvenient for the Militia to be out, but the necessity of the Case requires that as many as possibly can, must be retained in service, for if Genl. Burgoyne persists in his advance upon our Northern Army, we must offer them support or suffer him to make himself Master of all the Country above.

No, Mike. Just No.

A career statist loon wants to ban handguns and dictate barrel lengths of long arms. [More]

Here's my reply. I encourage you to follow the link and leave comments of your own.

No, Mike.

That's it, just "no."

Now what are you going to do about it?

How many men like me, who refuse to bend to your will, are you willing to have killed or ruined in the futile attempt to enact your agenda? Because we won't just give up. We won't just surrender our guns.

And in order to get them out of the 80-plus million households in this country, you're going to need to conduct a full-blown national occupation. The "authorities" won't have time for 80-plus million search warrants and habeas corpus and all that other Constitutional nonsense, so it will just be block sweeps and dynamic entries. Nice police state your little fantasy will create.

What, you thought "benefits" didn't come with offsetting costs?

You're talking tripwire scenario here, Mike--real resistance and everything that implies.

And I assume you won't be doing the disarmament yourself--you expect hirelings to risk their necks doing your dirty work for you. Except most of those hirelings
have family. I wouldn't count on all of them staying "loyal."

It doesn't surprise me that you've worked for the state your entire career, that is, been a career statist, Mike. That much is evident from your attitudes. So I guess you haven't dealt all that much with free men who earn their own keep without relying on plundering the productive sector--perhaps you even had power to deny permits--that kind of stuff--make the rabble jump through your hoops, rather than be a public servant.

Free people don't need your permission to keep and bear arms, Mike. If you try to act like they do, you'll be in for a rude awakening.

[Via Alphecca]

Ryan Horsley Video Interview

WarOnGuns has talked about the deficiencies in reporting on Red's Trading Post by High Country Times, first in the "Guns R Us" piece, and then in the "Ready, Aim, Compromise" editorial.

By contrast, their video interview comes off as balanced--it's easy to see why Ryan Horsley would feel a reporter asking such questions in such a manner would be sympathetic, and Ryan comes across more than anything else as a decent man.

One thing struck me as particularly ironic, and it didn't happen until the last few seconds of the last video segment, "Ryan Horsley on the 2nd Amendment." I recalled that the interviewer and reporter, Ray Ring, made a specific point in his story of telling readers that JPFO's "The Gang" video "includes no substantial interviews with ATF staffers."

Well, gee, Mr. Ring. Based on your admission that "The feds have been characteristically tight-lipped about their enforcement actions," I wonder why, particularly considering the last frame of your video interview:

Kennesaw Agrees to Consider Repealing Gun Ban

From Matt Knighten:

Yes, that Kennesaw, Gun Town USA has an ordinance that bans the carry of firearms in city parks (even those legally carried by license individuals). Though the state has a law preempting it, they have agreed to "consider" repealing the ban. Actually, that is what the AJC says. The letter from the city attorney to GCO says they have agreed period.

The AJC has most of the story. http://www.ajc.com/metro/content/metro/cobb/stories/2007/08/09/guns_0810.html

Letter from the City attorneys is found on this page: http://www.georgiacarry.org/cms/2007/08/07/kennesaw-agrees-to-repeal-parks-ban/

Also, to put it in perspective, here is a link to GA's preemption law 16-11-173 http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=173

In light of all that, notice that in the AJC article that the county of Coweta (which has a similar ordinance) is fighting GeorgiaCarry over it. They have even one the first court case. GCO is who is appealing to the GA Appeals Court. If you want to read more about that, you can read our updates about it http://www.georgiacarry.org/cms/category/action-items/coweta-county-preemption/

and/or if you feel like reading the court/lawsuit related documents http://www.georgiacarry.com/county/coweta_parks

Matt Knighten
Owner GeorgiaPacking.org
Secretary and Member of the Board GeorgiaCarry.org

"Y" and "N"

Here are some questions I'd like to see put to BATFU DIO Richard Van Loan under oath:

Q: Form 4473 states that "The information you provide will be used to determine whether you are prohibited under law from receiving a firearm." Is any other purpose for completing it stated on the form?

Q: You cite as a violation that firearm purchase forms were found that had "Y" and "N" entered instead of "Yes" and "No". What difference does that make?

Q: If the only stated intent of the form is to determine if a person is "prohibited...from receiving a firearm," can you cite one instance where a gun has been sold to such a person by a licensed dealer for no other reason than BECAUSE "Y" and "N" were accepted in lieu of "Yes" and "No"?

Q: Question 13 of Form 4473 has check boxes for "Yes", "No" and "Not Applicable". As it's not specified on the form, would an "X" instead of a check mark be a violation, and if so, has a dealer ever been found in noncompliance for accepting it? If not, we're back to the question: What difference does it make?

Q: Form 4473 states that a false statement on the form is "a crime punishable as a felony." Would a prohibited person who wrote "Y" or "N" when they should have given opposite answers be exempted from such charges? If not, what difference does it make?

Q: Is it fair to say that entering "Y" or "N" instead of "Yes" of "No" makes NO DIFFERENCE in terms of determining whether a person is "prohibited under law from receiving a firearm" or the government's ability to prosecute a person for making false statements on Form 4473? If so, hasn't the stated intent of the form been accomplished regardless of whether a letter or a word has been entered on the form?

Overlooking the Obvious

This feeble comparison overlooks the obvious: There is no constitutional right to dress as you please, or to sell cookies at work.

My point here is not to engage in the property rights vs gun rights debate--it's to return to a point I've tried to make again and again, yet some of our "conservative" leaders just won't get it.

The Constitution was never intended to define all of our rights. Workplace dress codes and charitable solicitations on company premises have everything to do with voluntary agreements and nothing to do with government infringements of rights.

This Day in History: August 10

On August 10, 1776, seven months after being elected Governor, Archibald Bulloch read a copy of the Declaration of Independence to the council members of Savannah , Georgia . Afterward, he read the Declaration to an audience at the public square. After reading it for a third time at the Liberty Pole, the Declaration of Independence was praised for its importance by thirteen thunderous rounds from a canon. Every since that historic event, residents of Bulloch County have celebrated "Archibald Bulloch Day" on August 10 th .

One Nation, Under Gun

From Wolfesblog:

AMAZING. Newsweek has published a photo essay of gun owners and they are all normal people. No demonizing, no snide remarks, just photos of average people who take personal responsibility for protecting themselves and their families.

If You Can't Beat 'em, Smear 'em

"All of these facts undermine Respondent's claim that Petitioner was out to 'intimidate and harass' the inspectors," the filing said. "It is equally as likely that Respondents decided to exaggerate innocuous circumstances to justify terminating an inspection that was not finding any regulatory violations or breaches of the Court's order."

Yeah, that and lie.

[More about Red's Trading Post from WarOnGuns]

Linda Young in Camo?

Y'know, that might not be a bad solution...

Reasonable Compromise

The following comment appears after the article. Not sure why they ID'd me as "Anonymous," since I submitted my name and got back an email from their News Editor thanking me for my comments. I noticed the links didn't translate into their form either.

John, it's real easy to call for "compromise" in a generalized way and expect to come off sounding like you're "reasonable".

Maybe if you'd define some of the specific compromises you'd like to see, we could let you know if we agree.

How does John Mecklin define "reasoned common ground"? And how can we "collaborate" with people who--despite your and Ray Ring's apparent beliefs that they can be sated, do indeed want to disarm us?

Conspiracy hysteria? Hardly. Don't take it from me, take it straight from the sources, compiled and verified by Eugene Volokh, Professor of Law, UCLA Law School, including:

"1. Quotes from gun control proponents praising the slippery slope, and urging mild restrictions as steps toward a total ban.

"2. Citations to laws that in fact ban all guns or all handguns.

"3. Quotes from politicians urging gun bans.

"4. Quotes from leading media figures and institutions urging gun bans.

"5. Quotes from advocacy groups urging gun bans."

(See: http://www.gunscholar.org/gunban.htm)

Why not write another opinion piece? Let us know how you intend to find a solution to such a seemingly "intractable" agenda through "compromise".

Those of us who believe in reasoned discourse can't wait to hear your proposals.

The Baltimore Social Registry

A Baltimore City Council committee has approved Mayor Sheila Dixon's proposal for a public gun crime registry -- similar to sex offender registries....

Gun offenders who fail to register could face jail time.

The term "gun offenders," of course, includes those who are caught with the means of defense on hand because they fear for their lives. As for those who commit violent crimes, one can only wonder why most of them are living among us in the first place, and how many of the remainder are already registered with parole officers...

And, of course, no murders will be prevented. And of those that are solved, how many does anyone honestly think will be because of this stupid list?

But it gets herhonor's name in the paper, and she can brag to her willing dupes in "the community" how she's protecting them. This is just another small step in the agenda of portraying all gun owners as seedy, as perverse, as less than righteous human beings, as...vermin.

All the News That's Fit to Print

Lowlifes too stupid and irresponsible to be trusted with matches create a child endangerment scenario where the inevitable happens. And the "authorized journalists" are all over it, naturally, as it suits their agenda.

Sounds like a great reason to demand more laws to disarm you and me.

How to Deal with the FedGov

Lie.

This guy admitted lying to "illegally" purchase guns. Two cops are dead in the sequence of events that followed. He'll get "three to four years."

Wayne Fincher told the truth, the whole truth and nothing but the truth. He peaceably owned guns--which he manufactured and which never entered interstate commerce, and were never used for any purpose other than to serve in the Constitutionally-recognized Citizen Militia. He got six-and-a-half years.

The moral here is, when dealing with the government, lie. It's a language they understand. And one more thing, perhaps the most important: confess. They get off on knowing they've broken you. And they seek revenge on those who won't break.

US v Kwan Update

From Len Savage:

The Judge set aside the Jury's verdict, and granted motion for re-trial. He stated reasons that the ATF/US attorney mis-stated the facts. The Judge gave the US Attorney three weeks to consider dismissing the charge, appeal his decision, or get ready for a new trial. I will let you know how the next hearing goes in a couple of weeks. This good news for all the 9th circuit...

I went looking to see if this story has been picked up by the "authorized journalists." It hasn't been, of course, but they were sure all over him when it suited their purposes to paint him as a domestic terrorist). And they sneer at mere bloggers as their circulations plummet.

I did find that Ryan Horsley posted on this already, so he gets the "breaking news" credit.

This Day in History: August 9

On our side, all accounts agreed, that a number of the enemy is killed; the flower of our militia either killed or wounded, except 150, who stood the field and forced the enemy to retreat; the wounded were brought off by those brave men; the dead they left on the field for want of proper support.

"Now That's a Recordkeeping Error!"

David Hardy shows how good the government is at keeping track of its own guns.

And they're shutting down private dealers for accepting "Y" and "N" on their stupid form instead of "Yes" and "No"?

High Country Bias

The editor at High Country Times asked me to link to this piece dealing with Red's Trading Post.

I wrote back:

I have several problems with the article in question, and was going to link to it when I had time to compose my thoughts, but I'm afraid my commentary will include my objections, including its heavy reliance on Joan Burbick.

I don't have time to do a fisking, but if you read the HCT piece, you'll have no problem seeing what I mean.

The BATFU Time Machine

Funny thing about BATFU claiming in legal documents they called off the audit of Red's Trading Post because they felt "harassed and intimidated."

Here's the time line of events leading to Area Supervisor Linda Young throwing in the (wet?) towel:

8:30am- The ATF Inspectors and Supervisor arrive.

8:37am- The first blog is written.

11:15am- The ATF calls off the audit without warning or letting Ryan know what was going on.

3:08pm- After waiting several hours Ryan writes a recap.

7:59pm- Anonymous post appears on Red's blog--after everyone had gone home and shut down the store.

So here is essentially what this was about: A citizen came in and took pictures, so they fled in fury because they couldn't legally stop him. They even admit as much in their complaint.

All this business about the car and the hotel and the hostile comment are just smoke and mirrors--designed to persuade the judge that a threatening situation existed. If it had, why is there no record of a call to the local police? After all, interference with their "lawful duties" is a "crime". In order for any of these factors to have affected their decision to terminate the audit, they would literally have had to been able to travel back in time. Yet they present them to the judge as if they were all elements that led to that decision.

In other words, they are manipulating and lying. Surprise, surprise.

Let's hope Judge Lodge doesn't fall for it. Let's hope he sees this transparent attempt to deceive his court for what it is--and then takes appropriate action against them. That is, unless they can demonstrate an ability to navigate through the Fourth Dimension...

Getting Clinical Over Guns

Rifles, anyway.

Western Rifle Shooters Association is holding an Intermediate Rifle Clinic in Douglas, WY, on 8/25-26. From the looks of their agenda, this promises to be a very through, informative and fun two days.

It sounds like the last one was very much appreciated by those who attended.

Take the Red's ATF Poll

"What do you think should happen to the ATF?"

I didn't see the option I wanted, so I settled for "Abolish."

Go take the Red's poll and spread the link. He ought to have a thousand times the numbers that are showing so far. No wonder BATFU thinks it can get away with anything.

[More about Red's Trading Post from WarOnGuns]

This Day in History: August 8

The British outpost of Detroit supplied and encouraged these natives to attack colonists in Kentucky. This painting shows the retaliation.

More Cities are Punishing You...

...and exempting the criminals.

Y'see, since "prohibited persons" can't "legally" own guns, they're under no compulsion to report when theirs are stolen. That's because requiring them to do so would violate their Fifth Amendment protection against self-incrimination.

But those police chiefs getting their names in the paper won't tell us that, will they?

We're the Only Ones Giving Unwarranted Privileges Enough

Because a conviction of possession of a firearm without an identification card can mean two years in jail, the Ethics Commission determined that Inostroza used his role as a police officer to give an "unwarranted privilege of substantial value" to the councilor's daughter.

But the councilor says she "did the right thing," and has been cleared.

Why is the truth so hard to nail down when dealing with "The Only Ones"?

Full Auto Fundraising

The machinegun fundraiser for the New Hampshire Republican Party on Sunday was an opportunity to let off a little steam and tell candidates in next year's US presidential election that for many Americans, gun rights matter.

While I support the concept of a machine gun fundraiser in principle, my problem with money going to the Republican Party, as opposed to a specific candidate, is that they will allocate the funds to candidates because they have an (R) after their names--not necessarily because they have shown any fidelity to the right of the people to keep and bear arms. So if Giuliani or Mitt is the nominee, guess where the gun owner contributions will end up?

Not a man in the pack is interested in doing anything to roll back federal infringements except Ron Paul. And the "moderate" GOP establishment--and NRA-- are following the same course with him that they used in California to sideline Tom McClintock.

Another Chicago Child Gun Death

Chicago Police on Monday evening shot and killed a teen on the West Side who police say pointed a gun at an officer...The fatal shooting triggered a near-riot by neighborhood residents disputing the police version of the incident...

So when can we expect Jesse and Snuffy to show up at the station?

Prosecute Our Trespasses

"We want sensible gun laws," Jackson said. "You don't hunt with M-16s. You blow holes in tanks with those weapons. They were built just to kill people."

Jesse, listen to yourself. Truth literally has no place in your posturing, does it?

Just how ignorant are your and Snuffy Pfleger's followers, anyway?

Any bets on whether the jury nullifies?

Set Phasers on "Puke"

It looks like a big flashlight — but it's really a nonlethal weapon designed to make you sick.

I have to wonder if some kind of protective lens goggles would defeat this thing...

Assault Rock on ebay

It's used, but in otherwise excellent condition.

[Via Joe Bethancourt]

We're the Only Ones Virtually Immortal Enough

During a demonstration on gun safety to a group of kids in Florida, he accidentally shot himself in the leg...

"My main concern is to make people in the public aware of the fact that I was a productive agent and not some bumbling buffoon that shot himself in the foot."

Could'a fooled me.

But thanks, Lee Paige, Godfather of "The Only Ones," for giving me what I hope will become a virtually immortal term to describe those in positions of civil authority who act as if they're (as Say Uncle says) "Like you and me, only better."

[Via HZ]

This Day in History: August 7

August 7. 1775

In Paris, France, King Louis XVI agrees to send Julien Achard de Bonvouloir to America on a fact-finding mission. He is also instructed to assure the Americans that France has no aspirations for the reconquest of Canada.

Another "Gun-Free School Zone" Report Card

Three friends were forced to kneel against a wall behind an elementary school and were shot to death at close range, and a fourth was found about 30 feet away with gunshot and knife wounds to her head, police said.

Perhaps their assailants failed to notice page 46 from the Newark Public School's Discipline Policy? Or perhaps, if they were not students, they failed to heed the Brady Campaign's assurances that "it is illegal for CCW permit holders to carry guns into schools"?

Just asking. It seems "A-" rated New Jersey could use some more laws, or signs, or something to pull that grade up to a 4.0.

Starting with a Lie

Sacramento police want to take guns out of the hands of criminals and keep them with law abiding citizens.

That must be why they want to pass laws that will exempt criminals and burden law abiding citizens.

Why read any further when it's obvious we're being lied to from the outset?

Why the Delay?

The case of a licensed gun dealer busted 14 months ago as part of Mayor Bloomberg's anti-gun initiative has been stalled repeatedly to give prosecutors time to discuss strategy with City Hall, a lawyer for the defendant claims.

I mean, it's not like Bloomberg's tactics haven't been rebuked--by both the feds and other states.

I wonder what happened to Jack Togati's "right to a speedy...trial"? I guess when someone like Bloomberg gets away with trampling the Second Amendment, there's not much reason for him to fear crossing the line on the Sixth.

The other thing I wonder is why a blog search shows practically nothing about this, and nothing at all presenting Mr. Togati's side of things. I'd think there would be some gun rights advocates in New York who would see the benefit of keeping a light shined on these types of stories.

When Logic Fails...

...just rely on wishful thinking.

Hey, you can't prove gun "buybacks" don't work, and if it save just one child it's worth it.

Besides, if you had a gun in the home, this might happen.

Oh, wait, it might not. Never mind.

"It's Really a Values Issue"

The decision of administrators at the University of Toronto to shut down the venerable Hart House Rifle and Revolver Clubs next month speaks to more than political correctness run amok...

There's never been a deliberate or accidental shooting at the range in the 88-year history of the gun clubs...

An assistant VP called it "really a values issue. This is not a safety issue as strictly defined."

Sounds more like a lack of values to me.

We're the Only Ones Serpentine Enough

City Manager Bob Wade said rumors of overeager Noble officers are inaccurate. "I was told that they tried several ways to get the snake down, but it was still hissing at them and firmly lodged,” Wade said. "What I was told is that the owner of the home either suggested or agreed that they should go ahead and shoot the snake, and then everything happened from there.”

Wade refused to identify the officer suspected of firing the shots but said the officer has been placed on paid administrative leave pending the outcome of the investigation.

Oklahoma State Bureau of Investigation agents were told that officers decided to shoot the animal after being told there was a field behind them, said Jessica Brown, bureau spokeswoman. [More]

Excuse-making mouthpiece Wade would have done better saying nothing than trying to blame the homeowner for his officer's appalling lack of judgment--as if anyone but the operator is responsible for firing a gun. Ditto for Brown, who indicates telling a cop there's "a field behind them" somehow excuses firing a gun when what's behind the target and in the bullet's path hasn't been determined.

This story is just so appalling on so many levels.

First of all, assuming the Noble "Only Ones" couldn't use a rake handle or a shotgun or snake shot in their handguns, it doesn't seem unreasonable to ask why this wasn't a job for animal control--particularly since they're in the same building as the Noble PD.



And then we have the matter of refusing to release the name--that seems to be a recurring theme--unless "authorized journalists" covering the story are getting their ox gored.

Ironic thing about Noble. They appear to be murder-free.


Until now. And you can bet this will be added to Oklahoma's "child gun deaths" statistics and used as further "justification" against private gun ownership.

One other thing stands out in light of a post from yesterday:

The first shot was so loud it made the hair stand straight up on Jack Tracy's arm.

That's understandable. Now compare that to what "stands the hair up" on an "Only One."

[Via HZ. Additional link provided by Mike S]

Guest Editorial: The Downsides of Liberty

By Charles H. Sawders

Everybody understands the multitudinous blessings of liberty. We all know that living to one's own lights is the ultimate human condition so cherished and desired by most of the world's population.

However, let's talk about the downsides of liberty. Oh, yes! Liberty has some downsides, especially when we talk about every common ordinary man being armed and walking among other men with weapons of deadly capability.

Should this be allowed? Should we honor the claim to the right to be able to protect one's self and other innocents? Should we countenance a society in which anybody and everybody might be armed with implements of fatal potential?

Those are the questions we need to answer. So here goes.

Liberty's downsides are mainly two. Only two, but they are big ones.

The first is that liberty is by definition risky. That's right, risky. For every freedom of choice, habit, or intention that one has, so have others. Others who may not be as moral or principled have as much liberty to do what they will, as do you. As most people are good and decent, the risk is not great, but it is real.

The second downside to liberty is responsibility. Uh huh! The big R. Scares the Hell out of a lot of people. There are a great many that believe they can have liberty without the responsibility to maintain it. I know that sounds unrealistic, but it is true. There are many people in our nation who would abrogate their responsibility to maintain their liberty and their security to hirelings who may or may not have their employers' best interests at heart. To the extent that they surrender their responsibility to protect themselves and their liberty, they surrender their liberty. This trade of freedom for security is a straight one for one trade until the point of "inability of the society to envision themselves as free and deserving to be so". When that point is reached the hirelings take control and liberty is outlawed. Period.

So, I have a proposal for all that would disarm the people. It is simple. Come to me. I will protect you so long as you do what I tell you to do. I will protect you at least as well as the police do (which they are not obligated to do, by the way)and I will consider it an obligation. I will treat you with more gentleness than you will find among the operatives that want you helpless. This I promise.

Anyone who does not find my proposal acceptable, yet favors citizen helplessness and disarmament, by definition are mentally defective. For what difference who be the master if one is willing to be a slave?

If one see a problem with my proposal, I submit that they should be just as wary of all others who have offered the very same thing.

If you would be free, you must accept the risks and responsibilities of liberty.

Think about it.

This Day in History: August 6

Donald McDonald, leading a combined force of 60 Indians and Loyalists, surprises the Patriots as they work in the fields. Most run to Fort Clayton about five miles away but a German, John Christian Shell (Schell?), and his family make a stand in their blockhouse. McDonald is wounded, captured, and dies the next day, after his leg is amputated. Additionally, Shell and 11 attackers are also killed while another six of their number are wounded in the failed raid.

Every Family's Nightmare

The urban literati at People project.

Sorry, but not every family's.

"How could this happen?"

Where would I even begin...?

We're the Only Ones Making Judgment Calls Enough

"There's nothing that stands the hair up on a police officer more than a firearm," Lewis said. "In those cases, it's a judgment call."

Not quite, Lewis. They see firearms carried by fellow "Only Ones" all the time, and their hair stays perfectly in place.

The Fitty Factor

An alleged associated [sic] of 50 Cent was arrested in Hartford, Connecticut early Friday morning (August 3) after he fired a gun in a crowd of people over a dispute for a chain.

See, this is why they need to disarm you and me.

This Day in History: August 5

This engagement is between Lieutenant Colonel James De Lancey’s Loyalists and the Connecticut Brigade commanded by William Hull. The patriots destroy numerous buildings and food stores while also capturing several Loyalists, along with some horses and cattle. First-hand accounts give conflicting figures as to the number of casualties incurred by each side.

We're the Only Ones Authorizing Journalists Enough

And it's funny how the "authorized journalists" are all of a sudden vitally interested in learning the name of an offending "Only One" when they're the victims.

Rule 6

Kimberly Grosset was visiting her boyfriend, Robert White when their time together took a bad turn. Calcasieu Parish Sheriff Tony Mancuso says, "White and Grosset were engaged in consensual sexual behavior involving a firearm when the firearm was discharged, resulting in his death."

Keep your...uh...whatever off the trigger until you're ready to...uh...whatever.

And to think it was just yesterday that we added Rule 5.

Stop the NRA?

Why would you want to stop someone who's on your side? Isn't that a bit like the Germans saying "Stop the Vichy French?"

Oh, and those 1.4 million prohibited persons you say your prior restraint edict stopped? Back when I almost got arrested for asking Sarah Brady and Jane Harman about that, it was only touted as 100,000. Anyway, each attempt by a prohibited person to buy a firearm is a violation of federal law, so if you guys really knew what you were talking about instead of grabbing numbers out of your...uh...the air and lying to everyone, we'd see that many arrests and prosecutions, right?

The California Caliphate

Police are testing guns recovered from raids in which authorities arrested seven members of an Oakland Black Muslim splinter group who investigators suspect were involved in the killing of a journalist and two others.

Oakland?

Isn't that the city Jerry Brown mismanaged? And he went on to be elected California Attorney General because all those police groups said he was such a hotshot crime fighter? Like, you, Dave Kozicki? Great job you're doing there in Oakland, buddy. Bet all those .50 cals that can go through two police cruisers are hell to face every day.

Get ready to see it spread, Californians. Your "public servant" are primarily interested in their benefits and pensions--that and getting raises in percentages you in the private sector who pay for everything can only dream about.

But take heart in one thing: they're working 'round the clock to make sure you don't have any guns. After all, the policy of the AG's office is you have no individual right, and that's backed up by rulings from both the California Supreme Court and the Ninth Circuit.

That'll show those "splinter groups".

Insha'Allah.

UPDATE: And let's not forget the role that self-promoting "conservative talk show host" Michael Savage played in bringing Brown more political power.

What ARE the Powers of a Sheriff vs the Feds?

I've read elsewhere, and even heard it suggested in comments here at WarOnGuns, that the sheriff is the highest law enforcement officer in his county--and that federal agents may not conduct investigations without his cognizance. One of the reasons generally given is that because he is elected, he represents the highest actual authority--the people.

Generally cited to back up these claims is the case of Castaneda v US. The story goes something like INS targeted a family in Wyoming with an Hispanic surname as illegal aliens and recruited the local sheriff to assist in the bust. It turns out they were citizens, and in the resulting legal settlement, the ruling was made acknowledging the doctrine of "Sheriff Supremacy."

Thing is, I can find no such ruling from any court. I found sites that say there was a private and undisclosed settlement, and even sites that quote the court as saying this, and one (but not an "official" one) with a docket showing the case was dismissed. I found sites that say precedent was established and sheriffs can now wield this power if they only knew--if they only would. I found sites claiming the whole thing is a hoax. And a general conclusion among the "naysayers" is that any sheriff who tried to interfere with a federal investigation would soon find himself behind bars and facing charges.

This latter part is believable, regardless of any purported stare decisis, only because my experience has been that the largest, most vicious gang controls the turf. And my sense is that such a doctrine would run afoul of the Constitution being "the supreme law of the land"--and as doors swing both ways, it could allow sheriffs to enforce all kinds of infringements on civil liberties.

My point in all this being, I was going to write an open letter to the sheriff in Twin Falls about the persecution of Red's Trading Post, with the assumption that he has some sort of say in what goes down in his county. But when I started doing my basic fact-checking, I quickly realized I could not back that assumption up.

Feel free to chime in with comments and educate me. I'm not trying to slam the door shut on this. But this is a legal area where I freely admit ignorance, and I need more than unsubstantiated opinions and wishful thinking.

Three Developments from Red's

US DOJ visits us 33 times at...9:30am

As of 9:30am this morning the US Department of Justice (which the ATF is under) has already visited our web site 33 times and is our number one visitor.

Red's Trading Post is getting Nifonged by the ATF

Nifonged describes the railroading or harming of a person with no justifiable cause, except for one's own gain.

Another ATF Casualty

It appears that we will be buying the inventory of another gun shop that the ATF shut down here in Idaho.

[More about Red's Trading Post from WarOnGuns]

This Day in History: August 4

On August 4, 1777, the main body of Lt. Colonel St. Leger's force reached Fort Stanwix. Colonel Peter Gansevoort had been in command of the fort since his arrival with 550 New York Continentals in April 1777. They had made significant improvements to the fort's defenses. Just prior to St. Leger's arrival, 200 reinforcements joined Gansevoort, bringing the garrison's number up to 750 men. St. Leger had now outdated intelligence on the strength and condition of the fort. He attempted to bluff the Americans by staging a review within sight of Fort Stanwix, but the Americans knew of the Indians in his force and did not expect any quarter or protection from the savages.

NRA Publicizing Red's

From Ryan Horsley:

I will be appearing on NRA News with Ginny Simone, so please tune in if you get a chance. We will also be on NRA News with Cam and Company tonight...

Good for NRA. I'm tough on them when I disagree, so I need to acknowledge it when they do things I applaud.

Rule 5

Keep your tail off the trigger until you're ready to shoot.

What nitwits.

Love "Only Ones" Style

Today's KABA Newslinks give us a reminder of the romantic side of "The Only Ones":

Franklin Police Officer Charged with Sexual Abuse of Inmate

Police Officer Accused of Raping Woman Inside a Substation

Police Officer Charged With Lewd Conduct

Officer Charged with Exposing Himself, Wielding Knife

Yes, innocent until proven guilty. But does anyone really believe these people have a judgment and morality edge over the rest of us?

The Main Problem

There are so many weapons out there that people have started carrying guns personalised in different colours - just to be different.

Kind of like a "rainbow coalition"? If this isn't a testament to the effectiveness of UK gun bans, I don't know what is.

But here's the main problem:

The main problem is that, in many areas, prevention work is only supported for a few months and long-term funding is always an issue...

I know exactly what Lucy means. Thank goodness for "long-term funding" and "prevention work." It's the only thing that keeps me from killing again and again and again...and probably you too.

Teach Your Children Well

The daughter of long-time gun control activist was shot and wounded during an attempted hijacking in Johannesburg, the International Action Network on Small Arms said on Friday.

Maybe they just don't have enough "gun control" yet.

Life is not worth defending. What a perverted lesson to teach your children.

We're the Only Ones Arriving Just in the Nick of Time Enough

Nice of you gentlemen to finally join us...

[Via Stieger]

[More from "The Only Ones" files]

Newsom Continues Punishing Constituents--and They Like It

San Francisco residents will be required to keep their guns in lock boxes or have trigger locks on their firearms under a law signed Wednesday by Mayor Gavin Newsom.

This creature is, of course, as twisted and loopy as the constituents who support him.

We've seen in the past he's not above ignoring laws he disagrees with, while imposing those he does on those with less political power--a pretty good indicator that tyranny is in progress.

Meanwhile, he's not only guaranteed more violent crime by making Frisco a haven for predators, but he's actually turned up the heat by--again, defying laws he chooses not to obey--declaring it a "sanctuary city."

Somehow, I can't work up too much sympathy for anyone who would give this disease power over their lives. Besides, when I went up there, I just ignored edicts that I disagreed with, too.

Those Dirty, Rotten...

In all honesty, part of the reason is frustration. Pure unadulterated frustration at our own Government. The same Government that our Founding Fathers created to safeguard our liberties.

Michael Dukes is none too pleased with BATFU.

That Great Big Way Out There

We'd also probably see a repeat of the early days in North America, where splinter groups (religious, political or what have you) went off into the wilderness to find a better way to live. Some lived, some died, but Humanity learned from the experiences. And folks felt like they had the room to be FREE .... kind of like what happened on the North American continent in 1776.

Joe Bethancourt sent me a link to his thoughts on space exploration and colonization after noticing my post on "The Final Frontier."

This Day in History: August 3

Washington requests Governor Cooke of Rhode Island to send a vessel to remove the Provincial supply of powder from the magazine in Bermuda.

We're the Only Ones Rich and Famous Enough

The sheriff has issued concealed-weapon permits to such actors as Ben Affleck, and in 1999, less than a year after being sworn in, he set up an “executive reserves” unit that allowed celebrities to wear a badge and carry a gun. All they had to do was take 64 hours of training and pass the department’s background check.

Critics of the program, who said it was nothing more than a sly way for Baca to pay back friends and supporters, were incensed when, less than a month after the unit was initiated, one of those reservists—Scott Zacky of the Zacky Farms chicken dynasty—was stripped of his badge for drawing a gun outside his Bel Air mansion after mistaking a couple on a date for car thieves. The unit was suspended in late 1999 after one member, a wealthy Baca supporter who owns a jewelry store, was arrested for money laundering.

Really?

[More from "The Only Ones" files]

[Via Of Arms and the Law and Say Uncle]

A Representative Sample

The debate can be paraphrased as follows:

Rep Gingrey: Here's my amendment; let's discuss it.
Appropriations Committee: We don't want to talk about that right now.
Rep Gingrey: Okay, I'll remove the amendment.

JPFO has some insights for us on the recent proposed BATFU budget amendment, and how its "champion" surrendered before the fight began.

Who in their right mind would expect auditors with the power to destroy a person's livlihood to have consistent documented procedures they are accountable for following? Why, if they did that, they wouldn't be able to make up the rules as they go along!

A Rational Fundraiser

Help out Rational Review if you can. Their request is pretty modest. If you don't know about them, now is as good a time as any to explore their website and find out. And then bookmark it, because it's a great place to keep tabs on stories and commentary that impact our freedom.

There's Something About Nancy

Mayor Nancy Chaney has asked for a legal opinion from the state attorney general's office on whether the city has the authority to ban both concealed and exposed weapons in such public areas.

Great idea, Nancy! We all know madmen are stopped in their tracks by municipal ordinances! Besides--this is a job for "The Only Ones"--I mean, based on results, right? And yeah, "We don't want to tread on anyone's Second Amendment rights,"--that's why we're proposing a gun ban. Duh.

Why do an inordinate amount of nitwit ideas always seem to emanate from politicians? And what is it about Nancy in particular? Maybe this:

Born in Seattle. Raised in the San Francisco Bay Area. Reasoning that Boise was at least in the same state as Sandpoint where my dad grew up, my family fled the traffic, crime, and crowds and moved to Boise where I attended high school and college.

Is that typical or what? Where will you flee to once you've ruined the place you came to for refuge, Nancy?

"Duped Again!"

It has now been 2 years since the inspection that revealed .4% clerical errors that the ATF deemed "willful" and decided to revoke our license after over 70 years. This case has tied up our court system and cost taxpayers hundreds of thousands of dollars, not to mention what we have suffered personally which has been nearly $90,000 in legal fees and continuous attacks on our character.

I'd say the wrong people's character is being attacked here.

I hope Ryan Horsley's lawyers make a point of letting the judge know that comments posted on blogs by anonymous sources are sometimes trolling, sometimes spam, and sometimes like "letters to the editor"--just because one appears does not imply agreement or sanction by the blogger, as evidenced by people posting disagreements with me on this blog. Non-approval of content does not disqualify a comment from remaining posted here, nor on any honest blog, because doing so would ruin a blogger's reputation for credibility. I would hope those citing a lone anonymous statement-- one that was not a direct threat to anyone but was nevertheless subsequently removed-- are forced to concede under oath that they have no knowledge of who left the comment they are using against Ryan and where their sympathies truly lie. Either that, or they do know, and it was one of theirs. I'd ask them flat out if they could prove that poster was not an agent provocateur.

And as long as BATFU and the US Attorney Deborah Ferguson operate under such devious and self-serving rules of engagement, it's time to start picking up chairs in this bar fight. So I'd also go after a deposition of Area Supervisor Linda Young with the purpose of determining if that apparent stain running down the backside and leg of her slacks is from an external or internal source. If it turns out to be the latter, I'd file a formal complaint with OSHA for workplace safety and sanitation violations that endanger the health and safety of my employees and customers, and demand that she be forbidden to enter my premises unless and until mitigating controls and procedures are put into place.

This Day in History: August 2

Sir: By express last Night, I informed you of my having received intelligence, that the Enemy's Fleet had left the Capes, and Sailed towards the Eastward, and in consequence thereof directed you, without losing a moment to return with the two Brigades under your Command, and rejoin Genl. Putnam. The utmost dispatch is absolutely necessary; for there is every reason to suppose the Enemy's movements will be extremely rapid, in order if possible, to carry the Highlands by a sudden Stroke. March back as light as you can, without any baggage, except your Tents, leaving the rest to follow. I am &ca.

BREAKING NEWS: US ATTY RENEGES ON DROPPING HARASSMENT CHARGES AGAINST RED'S!

In a stunning reversal, US Attorney Deborah Ferguson has gone back on her agreement to withdraw harassment complaints against Red's Trading Post. She is apparently angered over Ryan Horsley's recent public statements defending his actions.

More will be released on this story pending a statement from Mr. Horsely. WarOnGuns will continue to follow developments as they occur.

[More about Red's Trading Post from WarOnGuns]

Pack Dogs Join in Cornering Fincher

Time was, "authorized journalists" considered themselves watchdogs over government. Here's the latest "official news" on Wayne Fincher--not a deviation from the government line in the pack:

Judge says Ark. Militia Leader Lied about Assets

Fincher Ordered To Pay For His Attorneys
Judge says militia leader misled the court about finances

Appeals Court Calls Fincher On The Carpet
Militia leader has 10 days to answer financial questions

So much for the court of public opinion. Why mess up a good story with the other side? And think how much money we'd save if we could just let people get convicted in the press.

Red's "Gets Breath of Fresh Air"

Federal authorities have agreed to tell a judge in Idaho that the "threat" from a gun-shop manager they had complained of probably wasn't anything significant, the manager has told WND.

1 Less Sheep for Wolves to Worry About

I just ran across this outstanding comment on KABA:

Dear, I would rather get tied up and watch you get raped than be a man and defend you.

Guns Magazine, August 1957

"Is the Tommy Gun a Police Weapon?"

"Whose Fault is it if the Police Can't Shoot?"

Looks like a special "Only Ones" edition, doesn't it? My favorite anecdote is the one about the police lieutenant who couldn't figure out how to uncock his pistol without firing it, especially juxtaposed against a Crossfire letter complaining "The police here are very reluctant indeed to allow private citizens to own or use rifled weapons."

The August 1957 issue of GUNS Magazine, including the classic period ads, is now online.

A Very Sound Policy

Larry Hincker, associate vice president for university relations, positively dripped with ridicule for Wiles’ plea in his rebuttal, using terms like “inane,” and admonishing the student for not feeling safe with “hundreds of highly trained officers armed with high-powered rifles encircling the building and protecting him.”

“Guns don’t belong in classrooms,” Hincker concluded. “They never will. Virginia Tech has a very sound policy preventing same.”

"A Very Sound Policy," my Rights Watch column for the August issue of GUNS Magazine, is now online.

Shameless Plug: The Final Frontier

What manner of people do 21st Century bureaucrats think pioneers who would "tame a world" will be?

"The Final Frontier," my Rights Watch column for the September issue of GUNS Magazine, is now on sale at newsstands throughout the known galaxy.

BONUS: See page 100 to find out how you can win a.375 Ruger Hawkeye with a Leupold scope and a Tichbourne knife.

Updated Fincher Links

Paul W. Davis reminds us that all court documents concerning the Wayne Fincher case can be found at:
http://www.arkansasmilitia.com/raid/FincherDocket.html


Judge Hendren's latest attack is at the following link:
http://www.arkansasmilitia.com/raid/docket/doc_65.pdf

"Oscar Stilley specifically asked for Congressional findings that proved the government had jurisdiction over Wayne's machine guns," Davis notes, but Hendren ruled that Congressional findings were not required for jurisdiction. That document is here:
http://www.arkansasmilitia.com/raid/docket/doc%2032.pdf

This Day in History: August 1

On August 1, early in the day, Sumter appeared opposite of the Tory position. He sent a request to Turnbull for the Tory force to surrender. Turnbull sent back a response that said that if Sumter wanted the post, he would have to "come and get it."

BREAKING NEWS: US ATTY DROPS HARASSMENT CHARGE AGAINST RED'S!

From Ryan Horsley:

Our attorneys have spoken with the US Attorneys office and they have agreed to neutralize the Third Status Concern in which they claim that I harassed and intimidated them. Although an apology would be nice, this will suffice. We are pleased with this decision and with the response that we have received from supporters across the nation who have been following this case.

There is still no court date in sight because of all of the attempts of the ATF to get the judge to terminate our injunction that was granted. I am assuming that the audits will continue but as I was pointing out in my now infamous blog that the scrutiny has dramatically increased, where as in our 2005 audit we had one inspector that covered 5 years worth of paperwork. In the last audit they flew in 2 Inspectors and an Area Supervisor to cover 2 1/2 weeks of paperwork.

That's great news--apparently someone figured out that pressing things would draw more attention than they were willing to endure. What that tells me is shining a floodlight and screaming helps. We all ought to do more of it when the opportunity presents itself.

[More about Red's Trading Post from WarOnGuns]

What's Wrong With this Picture?

Hollywood movie poster designers. Is there anything they don't know about gun handling?

Thing is, I saw the trailer and it looks like it's gonna be pretty good, with a strong theme about individual defense when "authority" can't protect you. Here's hoping they don't spoil it too much with "vigilante" angst. Like what exactly do they mean by "wrongs"?

How You Can Help Red's

I would also like to thank so many of you who have sent us a check for our legal defense. As many of you are aware for the longest time I would not accept any money because I did not want anyone feeling that this was the reason that I was speaking up, but as it appears that Richard Van Loan, Linda Young and the ATF have no intentions of letting up and our legal bills are reaching $90,000 (to defend what adds up to .4% paperwork errors and what they deem"willful" on top of that). I have been encouraging others that wish to help out financially to buy a gift certificate or just by simply patronizing our business. Here is a list of our online gun auctions: http://www.gunbroker.com/Auction/SellerAuctions.asp?User=343438&Items=100000

Anybody care to do something about Red's Trading Post besides read about it?

There Was No Objection

I got the following transcript from Len Savage. It addresses the amendment to the BATFU budget discussed last Friday here at WarOnGuns.

At the moment, I can seem to find a working link, so if anyone has one, feel free to post it in "Comments," below.

TITLE VII--ADDITIONAL GENERAL PROVISIONS

Sec. 701. None of the funds appropriated by this Act may be used by the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives to pay the compensation of employees of the Bureau of Alcohol, Tobacco, Firearms and Explosives to test and examine firearms without written and published testing standards.

Mr. GINGREY. Mr. Chairman, the Bureau of Alcohol, Tobacco, Firearms and Explosives, BATFE, has been in operation without substantial changes since the days of prohibition, bootlegging and gang violence in the 1920s and 1930s.

Last year the House Judiciary Committee considered legislation that would have introduced real reform to BATFE, updating the agency for the 21st century, although time ran out before Congress could get anything accomplished.

One issue of reform I remain particularly concerned about is how BATFE actually tests firearms submitted by law-abiding firearm designers and manufacturers seeking approval to put their product on the market.

Mr. Chairman, without written and uniform standards, gun manufacturers are left guessing about which agent will inspect the firearm this week, whether or not they will be able to ship a product out to potential customers, and whether or not BATFE agents might even prosecute someone because of a shipping mistake or a firearm malfunction. So I have introduced legislation called the Fairness in Firearms Testing Act to address this problem, and it requires BATFE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, to actually videotape firearms tests for the purpose of general oversight, and encourage the agency to adopt these testing standards. However, the amendment I'm offering today would cut right to the point by withholding funds to BATFE if they do not write and publish these testing standards.

More specifically, this amendment creates a level playing field for all United States firearm manufacturers who depend on getting a firearm patented and on the market as soon as possible.

Mr. Chairman, without written procedures, BATFE has literally a free rein to mistreat manufacturers, change their mind after the fact, and leave both manufacturers and customers at a legal and financial disadvantage. In fact, BATFE regulations are so inconsistent that some manufacturers have been threatened with prosecution after receiving written approval for their products from other BATFE personnel.

Since 2002, 85 percent of American firearm manufacturers have been forced to close their doors. Let me repeat that, Mr. Chairman. Since 2002, 85 percent of American firearm manufacturers have been forced to close their doors. There are only 373 licensed firearm inventors and manufacturers left in America. Moreover, with the increase in number of imported firearms purchased by civilians and law enforcement alike, our Nation is at a strategic defensive disadvantage.

Mr. Chairman, I realize that the chairman has reserved a point of order, and he will explain that, I'm sure, momentarily, but it's my understanding that if I do agree to withdraw this amendment, that the chairman and the committee will work with me to help bring reforms to the BATFE, including these written standards, to help United States firearm manufacturers. I would be happy to yield to the chairman and to engage in a colloquy with him regarding that. Otherwise, in the absence of an agreement, then certainly I want to go forward with my amendment.

Mr. Chairman, I yield to the chairman.

Mr. MOLLOHAN. We would, at that point, talk about the point of order a little more.

We want to be responsive to the gentleman. I have not gotten deeply into his concerns, so I'm not sure exactly where he's coming from on this. But I can commit to him that we're willing to talk about it, we're willing to understand more clearly what his concerns are and in good faith work with him. And if there is an accommodation, we certainly want to make it in good faith. But I certainly cannot telegraph or represent to the gentleman an outcome; I can only promise him the process to work with him in good faith on this issue.

Mr. GINGREY. Reclaiming my time, Mr. Chairman, I understand exactly what the chairman is saying. I'm not necessarily expecting any hard and fast promises on his behalf.

And I didn't mean, Mr. Chairman, for the amendment to catch the distinguished chairman of the Appropriations Committee by surprise in any way, not to be blind-sided or coming up at the last minute. We've had the amendment, we filed the amendment. In fact, I had, Mr. Chairman, introduced legislation pertaining specifically to this effect last year in the 109th Congress, so this amendment basically is a follow-up to that legislation.

I want to thank the gentleman from West Virginia, the distinguished chairman. I appreciate your spirit of cooperation. And I know there are some concerns about the amendment, I appreciate that. But I welcome your support on this matter, and I look forward to working with you. Let's discuss it and make sure you understand exactly where I'm coming from in regard to the amendment. I think it makes a lot of sense, and I hope I can convince you of the same.

Mr. Chairman, I ask unanimous consent to withdraw my amendment.

The CHAIRMAN. Without objection, the amendment is withdrawn.

There was no objection.

Way to go down swinging at every pitch, there, Mr. Gingrey.

You eloquently summarized a rogue agency imposing impossible-to-meet standards on a right the government has no business infringing in the first place, and detailed real injustices that are SOP. Hell, gun dealers and manufacturers would be on the endangered species list and eligible for federal protection if this government applied consistent standards.

The chairman basically pleaded ignorance--even though he is responsible to know matters brought before him (As stated--WarOnGuns readers knew about this, and we're to believe he did not?). It's hard to think of any valid reason why he would be in the dark on legislation introduced a year ago. It's not hard to believe he's well versed on the matter and chose to kill it in committee for reasons that are of benefit to his position, power and prospects of advancement.

And what did you get for withdrawing your amendment, Mr. Gingrey, and apologizing to "the gentleman from West Virginia" for his--at best--dereliction of duty? More importantly, what did We the People get?

Nothing. Some weasel words to be willing to talk about it at some unspecified later date, with no promises that the same thing won't happen again. Meanwhile, nothing will change. BATFU will continue with the plan. And Americans who have tried to play by "the rules" (as made up on the spot by the thug du jour) will continue to have their livelihoods--and in some cases, their lives--destroyed.

I understand Mollohan has a pretty good reputation with gun owners. Perhaps it's time for his constituents to reevaluate their support.

Good thing for him this information is confined to a lowly blog that hardly anybody will see, and even fewer will do anything about.

Do You Promise?

Cross your heart?

Nanny 911

Republican presidential hopeful Rudy Giuliani on Monday accused Democrats of favoring a controlling "nanny government"...

Yeah, not like in New York City under your administration, Rudy, where you encouraged free men and women to be responsible for their own immediate defense and not rely on an impossible "the police will protect you" lie.

This Day in History: July 31

Marquis de Lafayette, 19, made major-general of Continental Army