Category: Gun Grabbing Fascists

  • New York Times: The Right to Sue the Gun Industry

    The editorial board of the New York Times doesn’t like guns. If you didn’t know that, welcome to your visit to This Ain’t Hell. Yesterday, they got their panties in a wad because it looks like the living victims of the 2012 Sandy Hook shooting won’t get to sue gun manufacturers for the horrible tragedy that occurred there because of the pesky 2005 law known as the Protection of Lawful Commerce in Arms Act.

    [The victims] are attempting to sue the gun manufacturer, Remington; the wholesaler; and a local retailer for recklessness in providing the weapon to the consumer marketplace “with no conceivable use for it other than the mass killing of other human beings.”

    The question of whether the lawsuit will be allowed to proceed is at issue because Congress, prodded by the gun lobby, in 2005 foolishly granted the gun industry nearly complete immunity from legal claims and damages from the criminal use of guns.

    They claim that gun manufacturers are culpable because they used “macho military terms in marketing” the firearms, phrases like “military-proven performance” and “the ultimate combat weapons system.” My testosterone rose 10% just by typing those phrases. Good thing that my scary black guns are locked up in my safe and I forgot the combination.

    Beyond seeking damages, the Sandy Hook parents aim to force the AR-15 off the market. “The AR-15 is the weapon of choice for shooters looking to inflict maximum casualties, and American schools are on the forefront of such violence,” they say.

    There are millions of AR-style rifles already in the hands of law-abiding citizens. If the weapons were the cause of the shootings, it would seem reasonable to expect news of hundreds of these incidents everyday. Oddly enough, millions of gun owners refrain from shooting thousands of people everyday.

    In seeking justice for their children and their community, these parents could help rein in a runaway industry and reduce a grievous national affliction.

    I understand that the victims want to see someone punished for what happened to their children, but, the truth is that the two people responsible, the shooter and his mother are already dead. The “runaway industry” is driven by the fear that these people put in gun owners that they’re coming for our guns. It’s all demand side economics. If there wasn’t a market, there would be no guns – and the market is among law-abiding American citizens. And that “grievous national affliction” is one of our God-given rights.

  • North Korea; US needs more gun control

    Dave sends us a link from UPI that talks about North Korea’s foreign minister, Ri Su Yong, who took exception to the UN Human Rights Commission and their condemnation of abuses in the Hermit Kingdom. Of course, Ri claimed that there are worse things in the world than forcing your citizens to eat dirt as their main course meal – things like the US’ Second Amendment;

    The condemnations are rife with “politicization, selectivity and double standards,” Ri said, and added the United States could do more in the area of gun control. Countless Middle East refugees are dying en route to Europe, Ri said, and Japan should be pressured more to account for the death of millions during World War II.

    The foreign minister also said some North Korean defectors who have testified about human rights abuses were lying, and were bought with money that came from the governments of the United States, Japan and South Korea.

    I’m sure that the White House agrees with North Korea that we need to disarm more Americans. Maybe the Brady Campaign can get Kim Jong-Il to do a public service advertisement to drive their point home, show President Obama in a loving embrace with the North Korean on this single issue. I’m sure that the North Koreans are only concerned about US children when they lobby for gun control in the US. What else could be their motivation?

  • The Washington Post’s blind spot on gun ownership

    The Washington Post’s blind spot on gun ownership

    The Washington Post‘s editorial board is back to advocating for gun confiscation in light of the shootings in Kalamazoo, Michigan and Kansas in the last two weeks. They can’t get it through their thick skulls that, at this point in our history, gun safety starts at the prosecutorial level and not at the legislative level;

    [T]he National Rifle Association demanded on Twitter that we tell them what law would have prevented the Kalamazoo shooting. The gun lobby cannot fall back on that lame argument in the Kansas case. If Mr. Ford’s weapons had been confiscated when he was served with a protection order, or if he had been unable to obtain the assault rifle he toted around, he might have killed fewer people.

    In other words, the Kansas shooter, who was a felon and was forbidden by current federal and state laws to possess a firearm should have had his weapons confiscated because of a protection order. I agree, but, who knew that he was already in possession of an illegally obtained weapon in order to confiscate the gun? His baby-momma bought the weapon and illegally gave it to him, after she had already attested to the fact that wasn’t her intention at the point of sale when she signed the federal document which asked her the question if that was her intention, and then she put her signature to the piece of paper. So that’s two gun control regulations which were broken before the shootings occurred.

    And, oh, by the way, he was served the order of protection at work. He didn’t have the weapons with him at the time because he left the job to get the weapons and returned to begin shooting. So how was the officer who served him supposed to confiscate a gun that wasn’t at the scene of the service, a gun that he shouldn’t have owned, by law, anyway?

    Yet focusing on individual cases misses the point. The point is not that one rule change — or even several — will stop every instance of gun violence; it is that we are a country saturated with firearms. When guns are so easily available to so many people under such loose restrictions, more people die.

    And there it is. It’s not that criminals are able to obtain firearms – there are laws in place to prevent that – it’s that so many Americans privately own firearms, that’s what has the Washington Post’s editorial board’s panties in a wad. The only people who claim that firearms are “easily available to many people” are people who have never purchased a firearm. if we’re so “saturated with firearms”, it’s wonder that the death toll from guns isn’t much, much higher, because the Washington Post’s editorial board thinks we’re all so irresponsible that we’re all out every day blasting away at anything that moves. The fact remains that there are millions of responsible gun owners who don’t kill anyone every day.

    What makes the United States different [from other countries] is the huge number of guns in circulation — nearly one firearm for every person in the country — along with a strong pro-gun lobby that prevents seemingly any popular, common-sense gun restriction from passing on the federal level, where such restrictions could have maximum effectiveness.

    See, confiscation from every American gun owner is the only answer. Then we can be like Europe, where only criminals and terrorists have guns and citizens are defenseless.

    Thanks to Chief Tango for the link.

  • Washington Post makes their case for seizing weapons upon service of a protective order

    Chief Tango sends us a link to the Washington Post which struggles to make their case for allowing police to seize firearms when they serve someone with a protective order. They use Thursday’s mass shooting in Kansas, where three people were killed and 14 other were wounded when a gun man went on a spree in Newton ninety minutes after Harvey County Sheriff’s deputies served him with a protective order from a neighboring county. The shooter was a felon;

    Investigators were initially unsure how Ford obtained the weapons, given his criminal record in Kansas as well as Florida; as a convicted felon, he could not possess guns.

    On Friday, federal authorities filed a criminal charge against Sarah T. Hopkins, 28, of Newton, Kan., alleging that she transferred the guns to Ford last year despite knowing he was a convicted felon.

    She bought the Glock semi-automatic handgun and the Zastava Serbia, AK-47-type semi-automatic rifle that Ford had when he was killed, an agent with the Bureau of Alcohol, Tobacco and Firearms said in an affidavit filed in the U.S. District Court for the District of Kansas.

    I’m thinking that a sheriff’s deputy wouldn’t even think there was a firearm because the subject was a felon. I doubt that a felon would admit to a deputy that he had a firearm. Why wouldn’t a felon lie, anyway, he had illegally taken possession of a firearm and he intended to murder a bunch of people, so he was already in violation of several laws, so why not lie to a police officer, too, while he’s at it.

    The shootings ended Thursday when a lone police officer entered the lawnmower parts factory where the shooter was plying his skills and killed the bad guy. The shooter was in violation of a number of gun control laws designed to keep him from arming himself, not the least of which was the murder of three innocent people. One more gun law wouldn’t have prevented the shooting.

    While seizing weapons upon the service of a protective order in domestic abuse circumstances makes sense, this is the wrong case to use as an example.

  • Freedom Group seeks dismissal of Sandy Hook lawsuit

    Freedom Group seeks dismissal of Sandy Hook lawsuit

    Bushmaster XM15-E2S

    Ex-PH2 sends us a link to the Chicago Tribune which reports that Freedom Group, the North Carolina company that makes the Bushmaster scary-looking rifle that the shooter used to kill 20 children and six adults in Connecticut asked a judge to dismiss the lawsuit against their company that the victims’ families filed against them charging the company with the responsibility for those deaths.

    Joshua Koskoff, a lawyer for the victims’ families, said their lawsuit is believed to be the first to be filed under an exception listed in the federal law that allows litigation against companies that know, or should know, that their weapons are likely to be used in a way that risks injury to others. The families are seeking unspecified monetary damages and hope the lawsuit persuades gun companies to not sell AR-15s to the public.

    “This is an instrument of war designed for the battlefield that is marketed and sold to the general public,” said Mark Barden, whose son Daniel was killed in the massacre. “We’re just asking for accountability.”

    The shooter killed his mother – the person who bought the weapon legally – and stole it from her. So somehow, the manufacturer is responsible for the way the firearm was acquired, too. Maybe they should sue the manufacturer of the firearm that the shooter used to kill his own mother. I’d remind my readers that the gun laws in Connecticut prevented the shooter from buying his own gun legally, so the response of the victims is to write more gun laws that would prevent law abiding citizens from owning guns. And a couple of million dollars in a settlement agreement probably wouldn’t hurt, either.

  • Matthew Hess: Veterans should lead push for more secure gun laws

    Matthew Hess: Veterans should lead push for more secure gun laws

    This fellow, Matthew Hess, has published an opinion piece in the Marine Corps Times urging veterans to get behind more gun control. Hess claims to be a former Marine Sergeant who is now a freshman attending Columbia University in New York City. He says that we should get behind the President’s latest round of executive orders and even go as far as supporting a new assault weapon ban, whatever an assault weapon is.

    Most of us agree that we have a gun violence problem in the United States. There is no simple answer to this problem, and we cannot afford to pretend it is only a mental health issue, just as we cannot pretend it is only a gun law issue. But we can start by making it more difficult for criminals to obtain guns by requiring background checks on all gun purchases. We should be willing to at least consider other forms of gun control, such as prohibitions on military-grade assault rifles, like those used in San Bernardino. I support my friends in their desire to protect themselves and their loved ones, but I do not trust every person in America to own a gun. Veterans — with their weapons experience and training — have a responsibility to lead the fight for more secure gun laws.

    Well, you know, if supporting the President’s edicts would stop criminals from getting guns, if strengthening background checks limited criminals’ access to firearms, if banning scary-looking black guns would reduce crime in this country, maybe I could get behind it. But, the truth is that it’s all smoke and mirrors. Scary-looking black guns are already banned in California, yet the San Bernadino shooting still happened. Criminals will still deal in firearms in darkened alleys and parking lots. It’s really just one more step in the journey to ban all guns. When these measures don’t do anything to quell gun violence, the argument will be that nothing short of a complete gun ban will work.

    And, oh, by the way, sergeant, it’s not up to veterans to decide who gets trusted with guns and who doesn’t. The Fourth Amendment says that no one gets to lose their rights without due process. An opinion that you don’t trust “every person in America to own a gun”, really doesn’t matter. I’ll be the first to admit that there are indeed irresponsible gun owners out there, there are also irresponsible automobile drivers, irresponsible drinkers, irresponsible pedestrians. At some point, we have to start accepting that gun violence is a result of people behaving badly. Veterans are already saying that, out loud and in public. Haven’t you noticed?

  • Post Fact Checker on Obama’s internet gun sales claim

    Post Fact Checker on Obama’s internet gun sales claim

    obama tears

    Yesterday, in his emotional and tearful press conference, President Obama made the claim that; “The problem is some gun sellers have been operating under a different set of rules. A violent felon can buy the exact same weapon over the Internet with no background check, no questions asked.” Yeah, it’s an outright lie, as many of us who have made purchases of handguns and long guns from the internet can tell you. I’ve bought several guns from auction sites and from electronic store fronts on the internet and every time I went through the NICS background checks before I was allowed to take possession of my firearm.

    Apparently, Glenn Kessler, the Washington Post‘s Fact Checker, was inundated with emails after the President made the statement. Kessler grudgingly gave the President two Pinocchios;

    Administration officials say his point was that electronic commerce has made it easier for prohibited people such as felons to obtain firearms (or to hide such transactions from scrutiny behind the dark Web). Put in those terms, his statement is reasonable. Illegal markets often exploit new forms of commerce.

    But many readers believed Obama was asserting the rules were different for the Internet — that it legally permitted violent felons to obtain guns.

    We agree that Obama’s language is slippery and could be confusing to the average person who doesn’t know anything about FFLs and interstate requirements. There is nothing unique about the Internet; the laws governing private transactions and interstate sales are exactly the same. It’s the same as offering to sell a gun on a bulletin board, except the bulletin board is significantly larger. The Internet, and eletronic payment systems such as PayPal and Bitcoin, have certainly facilitated transactions that in the past would have been more difficult to arrange.

    Obama erred in saying the rules are different for Internet sellers. They face the same rules as other sellers — rules that the administration now says it will enforce better.

    If the both the seller and the buyer are criminals, the transfers of the ownership of illegal guns on the internet will continue as it did before the President’s little crying jag yesterday, just like those car trunk sales in dark alleys and parking lots will continue between people who don’t care about following the law. Yeah, I bought scary black guns on the internet and at gun shows, but as I said. I went through the NICS background checks as i would at a gun dealer’s check out counter.

    The President lied and the Washington Post should have admitted that it was an outright attempt at deceiving the American public. Instead they pretty much called it a “little white lie” when indeed it was a “whopper”. The President’s language wasn’t “slippery”, it was a lie. Those tears were a lie, too.

  • White House: New Executive Actions to Reduce Gun Violence and Make Our Communities Safer

    White House: New Executive Actions to Reduce Gun Violence and Make Our Communities Safer

    As promised, the White House released their proposal to enact a new Executive Order to increase gun control on gun buyers who obey the law. Aside from asking States politely to participate in the National Instant Criminal Background Check System (NICS) it really does nothing to prevent gun violence. It says that more gun dealers will be bound to do back ground checks, so I’m sure the FBI will be getting a lot of requests from darkened parking lots and alleyways from guys selling guns from the trunks of their cars. The plan also restricts firearm sales on the internet. A show of hands; how many of you folks have purchased firearms on the internet without background checks? Yeah, me neither. Nor have I bought a gun at a Gun SHow when I didn’t go through NICS background checks.

    ATF has established an Internet Investigation Center to track illegal online firearms trafficking and is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network.

    […]

    The Administration is proposing a new $500 million investment to increase access to mental health care.

    The Social Security Administration has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons.

    […]

    The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology.

    The President has also directed the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety.

    Basically, they’re just throwing money at the fringes of the problem. When the government involves itself into “smart-anything-technology” it will probably too smart for any of us citizens. They’re going to hire more people to answer phones at NICS, but if they don’t do their jobs, as in the case with the South Carolina shooting last summer, it doesn’t matter how many of them there are. They’re also hiring 200 more ATF agents for enforcement. In an environment where prosecutors are willing to trade off firearms charges in favor of other criminal charges in deals with criminals, enforcement doesn’t help.

    The only thing I see that might be helpful is;

    Remove unnecessary legal barriers preventing States from reporting relevant information to the background check system. Although States generally report criminal history information to NICS, many continue to report little information about individuals who are prohibited by Federal law from possessing or receiving a gun for specific mental health reasons.

    We’ll see how that works out, but I don’t have much hope. Mostly, I see this as a stop-gap for legislative action and just another step towards confiscation – when this doesn’t stop the next mass shooting or terrorist attack, the gun grabbers will claim that confiscation is the only option left for them to pursue.