Boots & Sabers

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Category: Firearms

Wisconsin Republicans Introduce Constitutional Carry

It won’t go anywhere as long as Evers sits in his chair, but dare to dream

MADISON (WKOW) — Two Republican lawmakers from Wisconsin unveiled a Constitutional Carry bill.

 

The bill from Senator Mary Felzkowski (R-Irma) and Representative Robert Brooks (R-Saukville) would allow people to carry a concealed weapon without a license. Right now, a license is required to carry a concealed weapon in Wisconsin.

The bill’s authors say 21 states already allow Constitutional Carry.

“This is not a gun grab”

If you have to say it...

State Rep. Deb Andraca (D-Whitefish Bay) said 19 other states have extreme risk protection order laws, and passing similar legislation could save lives in Wisconsin.

 

“This is not a gun grab,” State Rep. Andraca said. “This is a bill that respects our Second Amendment rights with provisions, such as criminal penalties for those who bring false charges. Only a judge can issue an order based on clear and convincing evidence of a threat. The order is temporary, can be challenged or terminated with full due process.”

Scarce Ammunition

This is most certainly true.

SEATTLE — The COVID-19 pandemic, coupled with record sales of firearms, has fueled a shortage of ammunition in the United States that’s impacting law enforcement agencies, people seeking personal protection, recreational shooters and hunters — and could deny new gun owners the practice they need to handle their weapons safely.

 

Manufacturers say they’re producing as much ammunition as they can, but many gun store shelves are empty and prices keep rising. Ammunition imports are way up, but at least one U.S. manufacturer is exporting ammo. All while the pandemic, social unrest and a rise in violent crime have prompted millions to buy guns for protection or to take up shooting for sport.

Although, I was in Cabela’s in Richfield this morning and they have lots of 7.62, 5.56, 40mm, and others. No 9mm though…

Governor Declares Gun Violence a “Public Health Crisis”

This is scary.

Governor Cuomo’s state disaster declaration describes gun violence as a public health crisis, and made several comparisons to the Covid-19 pandemic and the resulting public health response.

“If you look at the recent numbers, more people are now dying from gun violence and crime than Covid,” the Democratic governor said.

“Just like we did with Covid, New York is going to lead the nation once again with a comprehensive approach to combating and preventing gun violence.”

Beyond the fact that Cuomo killed more people in New York than any other single person in history, think through the policy implications.

In reaction to COVID, Cuomo (and other governors) closed businesses, forced people to remain in their homes, forbade public assemblies, forced people to wear masks, prohibited people from worshiping, changed the rules of elections, and so much more. He used the violent police power of the state to enforce those rules with fines and arrests. All of this was in response to a “public health crisis.”

Now governors and other tyrants are using the government response to COVID as a template for responding to other “crises.” They see it as within their power – even their duty – to use government police power to force compliance with the arbitrary suspension of civil rights to respond to a public health crisis (as they define it).

Could you see Cuomo order the suspension of gun sales; random searches for guns; gun registrations; gun confiscations; etc.? I could. Why not? It will save lives, right?

What is the next “public health crisis” that will require government to suspend civil rights for our own good? Obesity? Climate change? Impaired driving? Racism?

When we allowed our government to take so much power during COVID, we set a new standard for government intrusion. The people who run the government will not easily give that power back.

Texas Passes Constitutional Carry

Washington (CNN)Texans will soon be able to carry handguns in public without obtaining licenses or training after the state’s Republican governor on Wednesday signed a permitless carry gun bill into law.

The measure approved by Gov. Greg Abbott allows individuals 21 and older who can legally possess firearms in the state to carry handguns in public places without permits. The legislation is set to go into effect in September.

Judge Strikes Down California’s Ban on Scary Black Guns

It only took 30 years for the gears of justice to turn.

A federal judge has overturned California´s three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms.

 

U.S. District Judge Roger Benitez of San Diego ruled Friday that the state´s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states.

 

He handed down the two page ruling in response to a lawsuit filed against the State of California by James Miller, Patrick Russ, Ryan Peterson and the the San Diego County Gun Owners Political Action Committee.

 

The plaintiffs successfully argued that California’s use of the term ‘assault weapons’ was ‘a politically-concocted pejorative term designed to suggest that there is an inherently unlawful or illegitimate basis for owning otherwise common firearms protected by the Second Amendment.’

 

They added that California banned guns which should have been lawful to own by designating them assault weapons using faulty rationales, such as a rifle’s ammunition capacity.

Etsy Expands Anti-Gun Hysteria

Where am I going to get my crocheted holster and wood stock with “best dad ever” carved in it?

“Etsy has long prohibited the sale of weapons, including guns and most gun parts. We are expanding enforcement to include all gun parts and accessories that attach to a firearm. We take the safety of our marketplace very seriously, and we regularly revisit our policies and make adjustments in accordance with industry, legal, and regulatory standards,” an Etsy spokesperson told the Washington Examiner.

 

Biden Wants Anti-Civil Rights Zealot to Lead ATF

I take Chipman at his word. If he had his way, he would ban a LOT of guns.

Senator Tom Cotton’s questioning of Chipman was particularly heated as the Arkansas Republican demanded Chipman define ‘assault weapon.’

 

‘You have called for an assault weapons ban, I have a simple question for you: What is an assault weapon?’ Cotton questioned Biden’s pick to head the ATF.

 

‘What Congress defines it as,’ Chipman deflected.

 

‘So you’re asking us to ban assault weapons, we have to write legislation, can you tell me: What is an assault weapon? How would you define it if you were the head of the ATF? How have you defined it over the last several years as your role as a gun control advocate?’ Cotton pushed.

 

According to firearm sale reports on the southwestern border, Chipman said, ATF defined an assault weapon as ‘any semi-automatic rifle capable of accepting a detachable magazine above the caliber of .22, which would include a .223, which is, you know, largely the AR-15 round.’

 

He still would not say definitively what he would define as an assault weapon.

 

‘I’m amazed that that might be the definition of assault weapon,’ Cotton said. ‘That would basically cover every single modern sporting rifle in America today.’

SCOTUS Rules that Warrantless Home Gun Confiscation Violates 4th Amendment

Excellent

On Monday, the Supreme Court released its opinion in Caniglia v. Strom, which unanimously held that a lower court’s extension of Cady v. Dombrowski’s “community caretaking” exception into the home defied the logic and holding of Cady, as well as violated the Fourth Amendment’s warrant requirement. With the court’s unanimity in Caniglia, the home remains the most sacred space under the Fourth Amendment; its sanctity literally houses its privilege. Sans warrant, exigency or consent, governmental search and seizure within it is unconstitutional.

 

[…]

 

A pithy four pages “long,” the opinion was unanimous and unambiguous: If police do not have the homeowner’s consent, an “exigent” circumstance, or a judicial warrant authorizing a search, then no version of Cady’s car exception applies to police entry into the home under the Fourth Amendment. “What is reasonable for vehicles is different from what is reasonable for homes,” Thomas wrote.

 

As always with realty – and, per Caniglia, the court’s Fourth Amendment jurisprudence — location matters. Specifically, the location of Cady’s warrantless search and seizure – a post-accident, routine search of an intoxicated, off-duty officer’s damaged and impounded car — simply cannot compare to a search of and seizure within a home. Governmental searches of vehicles regularly occur via exceptions to the Fourth Amendment’s warrant requirement; a myriad of decisions have constitutionalized warrantless searches of vehicles, their compartments, their containers and even their occupants. Not one of these warrantless exceptions is available for the home.

 

Accordingly, caretaking under Cady is not carte blanche for police to search or seize within the home, nor do their “caretaking” duties create a “standalone doctrine that justifies warrantless searches and seizures in the home,” Thomas wrote. Cady, itself, he noted, drew an “unmistakable distinction between vehicles and homes,” constitutionally embedding the exception outside the home.

Texas Senate Passes Constitutional Carry

Huzzah, huzzah. I lived in Texas when the concealed carry bill passed the first time and was in the first wave. I lived in Wisconsin when the concealed carry bill passed and was in the first wave. It’s nice to see the expansion of liberty in my lifetime (in this regard, anyway).

The Texas Senate has voted to advance a bill that will allow people to carry handguns in the state without a license, setting up the state to be the largest in the country to allow permitless carry.

 

The legislation passed by an 18-13 margin along party lines Wednesday evening. The bill would allow people 21 and older who can already legally own a gun to carry a handgun in public without the license, safety course and background check current law requires.

 

The bill now heads to the House, which passed similar legislation earlier this year but will not consider changes the Senate made to the bill before sending it to Gov. Greg Abbott’s (R) desk.

This made me chuckle.

“More criminals are going to walk around with guns openly, I promise you,” state Sen. Roland Gutierrez (D) said during floor debate, according to The Dallas Morning News. “More vigilantes are going to rise up.”

It’s always the same old tired scary rhetoric. Meanwhile:

Twenty other states allow some form of permitless carry.

Gun Sales Surge

Here is a gun store owner in Oregon, WI, who appears to neither understand, nor like, his customers.

OREGON, Wis. – As demand for firearms in Wisconsin continues its year-long surge, fewer new buyers are going through any sort of formal training process, according to Max Creek Outdoors Owner Steve D’Orazio.

 

If we had ten new people walking in, we’d have one person signing up for some type of training,” D’Orazio said. “It scares me. It scares me because again, people are coming in thinking they need a gun in their home for their own protection, but they’re not so much interested in training like they were in the past. I have a problem with that.”

 

[…]

 

It’s awful, and it’s awful for me to say, but when there’s a shooting, whether it’s locally or in other parts of our country, more customers are walking through our door,” D’Orazio said. “It’s bringing more fear into their home. I think they’re replacing that with putting a gun in their home.”

 

With first-time gun owners purchasing out of fear, D’Orazio says some quickly realize they regret their purchase.

 

What we’ve seen here at the shop over the last several weeks is customers coming back asking for them to buy the gun back or putting it on a consignment program where we’ll sell the gun for them,” he said. “That tells me they woke up one morning and said ‘I need a gun in my home’, and two or three weeks later, they’re thinking ‘I don’t need a gun in my home’.”

The Gun “Epidemic”

Words matter.

“This is an epidemic, for God’s sake, and it has to stop,” Biden said in a Rose Garden speech.

Sit back and think of all of the government overreach we have experienced in the last year under the auspices that we had to do it to fight an “epidemic.” The government shut down businesses; forced people to stay home; forced people to wear masks; suspended civil rights to assemble, petition government, due process, speedy trials, etc.; changed election laws; funneled trillions of dollars to special interests and corporations; restricted interstate travel; nd on and on and on. The government did all of that to fight an epidemic.

So by calling violence committed with guns an “epidemic,” does that give Biden, Evers, and others the same cover to do the same thing to fight it? Could the government suspend carry laws, force gun registrations, and more to fight it? If not, why not? Do you think they won’t try?

There is a reason that Biden’s handlers put that word in his mouth.

Biden to Bypass Congress to Further Restrict Civil Rights Today

Biden has learned his lessons well from Herr Evers and others. Why bother with the legislature if it might be icky?

Later on Thursday, Mr Biden will say that he has given the Justice Department 30 days to propose a rule that will help reduce the number of “ghost guns”. These guns are self-assembled, which means they do not contain a serial number and cannot be traced.

I’ve been around guns and gun people all my life. I don’t think I’ve ever heard the phrase “ghost gun.” This appears to be a bit of showmanship. On the issue itself, there are only three reasons that guns don’t have a serial number from a manufacturer. First, they were filed off. Second, someone built the gun from parts. There are a lot of hobbyists out there who like to build their own guns instead of just buying them. Third, the gun is old from a period when serial numbers were not required. Whatever the case, if a person sells it, whether or not a gun has a serial number doesn’t have anything to do with whether or not the seller is required to run a background check. That is regulated by whether or not the seller is a licensed dealer or not. But the background check is on the person buying the gun – not the gun.

Here is what I think this is intended to do. The background check form has a spot to enter the serial number of the firearm if it has one. But the government doesn’t need that information to process the check. I think this is designed to give the government an excuse to deny background checks based on the form being incomplete. This is designed to just make it more of a hassle by throwing up bureaucratic roadblocks.

Mr Biden will also give the Justice Department 60 days to come up with a rule on stabilising braces for pistols. Under the rule, the braces, which can be used to turn a pistol into a short-barrelled rifle, would be subject to regulation under the National Firearms Act.

So killers will use a short rifle. This is an overreaction that doesn’t actually do anything other than annoy people, but it does allow politicians to say that they are “doing something” when they are not.

The Justice Department will also be asked to draft a “red flag law” which states can then use to create their own legislation. These laws authorise the courts and law enforcement to remove guns from people thought to be a risk to the community.

This is still a state issue, so it really depends on your state. The Justice Department can wrote all the samples they want. All it does is waste taxpayer money.

Democrats Push To Restrict Civil Rights

No.

During a Thursday press conference, Kaul and lawmakers called on the GOP-controlled state Legislature to approve measures in Gov. Tony Evers’ budget proposal that would expand background checks on gun sales and allow courts to block some people from buying firearms.

 

[…]

 

Under the governor’s background check proposal, which is sometimes called a “universal background check” measure, all firearm sales in Wisconsin would be subject to background checks. Right now, people who buy guns online don’t need to pass a check. 

That last statement is an outright falsehood. It seems like people who write these stories never know anything about actually buying guns.

Another part of the governor’s proposal would enact a so-called “red flag law” in Wisconsin, which would allow law enforcement or someone’s family or friends to petition a judge to temporarily revoke that person’s right to buy, own or carry weapons.

I get the impetus behind red flag laws. And in a perfect world where I could have confidence that they would be implemented objectively and justly, I would support them. But red flag laws are woefully subject to human error and bias. And in a world where our government has been weaponized against pockets of unfavored citizens, any red flag laws would be simply used as a bludgeon.

Congressman Attempts to Carry Firearm on House Floor

Given how the Capitol Police failed to keep the building secure from a few hundred weirdos, can you blame him?

Rep. Andy Harris, R-Md., set off the metal detector while trying to enter the chamber Thursday afternoon. The metal detectors were installed after the Jan. 6 insurrection at the Capitol, which left five people dead, including a Capitol police officer. The incident was witnessed by a reporter from the HuffPost website.

After setting off the machine, Harris was asked to step aside for further screening. At that time, an officer discovered Harris was carrying a concealed gun on his side, according to the reporter.

 

The officer sent Harris away, at which point Harris tried to get Rep. John Katko, R-N.Y., to take the gun from him. Katko refused, telling Harris he didn’t have a license to carry a gun. Harris eventually left and returned less than 10 minutes later. He once again went through security and did not set off the magnetometer. He was then allowed to enter the House floor.

 

Harris, in his sixth term representing Maryland’s Eastern Shore, issued a statement through his chief of staff, Bryan Shuy.

 

“Because his and his family’s lives have been threatened by someone who has been released awaiting trial, for security reasons, the congressman never confirms whether he nor anyone else he’s with are carrying a firearm for self-defense,” the statement said. “As a matter of public record, he has a Maryland Handgun Permit. And the congressman always complies with the House metal detectors and wanding. The Congressman has never carried a firearm on the House floor.”

I think there is a wide gulf in America about the seriousness of this kind of infraction. For me, I’ve carried a gun living in two states and traveling all over the country for the better part of 25 years. My weapon is a serious tool, but as much a part of my personal accessory kit as my keys, pocket knife, and Carmex. Seeing someone else with a gun strikes neither fear nor worry in my heart. It just is.

For others, seeing or hearing of someone with a gun is a troubling thing. They assume evil intent even if there is no justification for it. They project their own fears into another person and see it reflected back at themselves. I’m not discounting it. I understand it. Which is why I take care to ensure that my weapon is concealed so that it does not create unnecessary disquiet in others.

So for me, this is a “whatever” story. For others, it’s a big deal.

Update on Ammo Shortage

FYI

Hornady says that ammunition sales first spiked in March, when the company saw an 86% increase over March of 2019. That, in essence, wiped out the company’s inventory, and they’ve been making and shipping as fast as they can ever since.

“The stuff that goes out today was literally put in a box yesterday,” he explains. “We’ve made one-third more ammunition than we did last year. Unfortunately we don’t have an extra factory laying around or anything else. We’ve got ‘X’ number of people, and we’re certainly trying to add as much capacity as we can.”

 

Hornady also addresses some of the rumors around the ammunition shortage; assuring customers that there isn’t a government conspiracy to buy up ammo and keep it off the civilian market. Apparently some folks have even suggested that Hornady could be making more ammunition if they weren’t busy making t-shirts, but Jason Hornady patiently explains that the company actually buys their shirts, so there’s no production time being lost by focusing on fashion.

 

“We understand it’s frustrating. It’s frustrating for us too,” Hornady says in conclusion. “Keep shooting, because we’re going to keep making more, we promise.”

 

[…]

 

Vanderbrink had to specifically say that the companies are not storing ammunition in “secret warehouses,” and that ammunition is being made and shipped every day in their factories. He noted that if the estimated 7-million new gun owners each purchased two boxes of ammunition, that would amount to an extra 700,000 rounds that would need to be produced. Factor in the ammo hoarding that’s been taking place for most of the year, and you can understand why the supply simply can’t keep up with demand.

Kimber Moves South

In other gun news

Kimber Manufacturing is moving its corporate headquarters to Troy and will “aggressively hire” in all departments.

The firearms manufacturer last week announced it is moving to a new facility it built last year on 80 acres with more than 225,000 square feet of space, with design engineering, product management and manufacturing space.

The company, formerly based in Yonkers, N.Y., pledged two years ago to open a $38 million production facility in Troy, creating 366 jobs over the next five years, which Gov. Kay Ivey announced in her 2018 State of the State address.

In an announcement, the company said Troy was chosen for, among several reasons, its proximity to engineering schools as well as pro-gun, pro-business support from the city of Troy and Alabama.

Gun Sales Soaring

I know people in both of these groups.

In the U.S., spikes in gun purchases are often driven by fear. But in past years that anxiety has centered on concerns that politicians will pass stricter gun controls. Mass shootings often prompt more gun sales for that reason, as do elections of liberal Democrats.

Many gun buyers now are saying they are motivated by a new destabilizing sense that is pushing even people who had considered themselves anti-gun to buy weapons for the first time — and people who already have them to buy more.

The nation is on track in 2020 to stockpile at record rates, according to groups that track background checks from FBI data. Across the country, Americans bought 15.1 million guns in the seven months this year from March through September, a 91% leap from the same period in 2019, according to seasonally adjusted firearms sales estimates from The Trace, a nonprofit news organization that focuses on gun issues. The FBI has also processed more background checks for gun purchases in just the first nine months of 2020 than it has for any previous full year, FBI data show.

Profound societal shifts are underway

Here is my column that ran in the Washington County Daily News yesterday.

Last week I took a mind to head to the pistol range for some practice. After a quick assessment of my current inventory of ammunition, it was clear that I had let it dwindle to the point of needing replenishment. I headed to the store to stock up only to find the shelves stripped bare. All told, I went to five stores that day for ammunition. One store had five boxes that had just arrived but would only sell two of them to me. The fifth store would sell me more, but it cost me almost twice the normal price. Clearly, something is going on.

Earlier this year, a friend approached me about advice on a weapon to carry concealed. A quick search of the internet will find very strong and contradictory opinions on this topic and I certainly have my own thoughts after carrying a weapon for the majority of my adult life. My friend had used a gun before but did not currently own one. However, with the civil unrest, defunding of law enforcement, and general anarchy roiling our nation, my friend thought it was time strengthen his defensive posture for himself and his family.

My friend is not alone. I also sat in a class for concealed carry holders this month and it was packed. One older lady in the class had taken her first handgun class the week prior. A middle- aged couple had long guns already, but had decided to get their licenses to carry concealed. According to the instructor, he has never been so busy as the past few months. The statistics about the incredible rise in gun ownership have been on display for months and much of it is being driven by people who are buying their first gun for the purpose of defending themselves. They have lost confidence in our government to maintain order.

2020 is proving to be a fulcrum year where events are shifting our society and culture in ways yet unknown. The swiftness with which our government stripped us of our rights in an overreaction to a public health concern at the same time that fascist mobs are given license to maraud by the very same government has shocked the sensibilities of many Americans and undermined some of the principles that have cemented our nation’s foundation since its inception. As our society shifts, it will be seen in what people do — not what they say. One thing they are doing is buying a lot of guns.

Another thing that many more people are doing is moving out of cities to more suburban and rural areas. This movement would be a reversal of recent migration patterns. The reasons are myriad. Coronavirus has made some people realize that urban living is a perfect environment for the spread of diseases at the same time that the widespread closures of cultural attractions has diminished the allure of city living. When one combines that with the increase in violence and crime that many cities are suffering, it is easy to see why a young family might choose to look elsewhere to raise their children.

Another enabler of city flight is the move to virtual work. Coronavirus shoved many workers from their offices into their homes. The shock of that movement is over, and many businesses are finding that remote workers are just as productive without the need of providing a large office complex or amenities. Furthermore, virtual workers reduce the potential liability and disruption of a disease outbreak. Right now, many businesses are having to shut down their offices if a single employee tests positive for COVID-19. That is not a risk with virtual employees.

Helpfully for the businesses, many workers found that they enjoyed, or could tolerate, working virtually even if they had not previously thought so. REI has already decided to abandon its eight acre office campus in Washington state in favor of smaller offices and a much larger remote workforce. In Wisconsin, Epic Systems faced an employee revolt when they attempted to force workers back to their desks in Epic’s massive office. Northwestern Mutual’s brand new office tower in downtown Milwaukee sits almost empty and may never reach capacity. The trend of large office campuses and towers is being supplanted by home offices and virtual backgrounds. This trend also makes it economical for knowledge workers to seek communities with a bit more elbow room and less crime.

Societal shifts take years to unfold. The decision to buy a gun can be done quickly, but moving one’s family to a new community may take months or years. As 2020 has shown us, our society can shift very quickly, but America in 2025 looks like it is going to be more suburban, more virtual, and abundantly armed.

St. Louis Couple Charged for Defending Home

This is nuts. They were on their own property with their own, legally purchased and legally owned, guns. So now we can’t even defend our own homes?

Mark and Patricia McCloskey, the couple that drew national attention last month after footage of them pointing guns at Black Lives Matter protesters outside their home went viral, have been charged with felony unlawful use of a weapon, The Associated Press reported.

The charges come after investigation circuit attorney Kim Gardner launched a probe into the couple late last month over the June 28 incident.

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