Showing posts with label gun laws. Show all posts
Showing posts with label gun laws. Show all posts

Sep 30, 2010

How did...

Bob S. (From Three Boxes of BS) asked in comments on my last post:
How did you get started; in shooting, collecting, activism?

What state law would you like to see: repealed or passed?

Now that is some serious blog fodder, and I'll answer in parts.

I started shooting like many young men: courtesy of the Boy Scouts of America. I had asked my parents (repeatedly) for a BB gun starting around age 10. They were not shooters, and there were not (to my knowledge) guns in the house. They held to their guns (pun intended) and told me I could get a BB gun after I had earned my Rifle Shooting merit badge. Our scout camp didn't allow shooting until you were 13, if I remember correctly. The summer I was of age, I made that merit badge my single goal for the week I was at camp.

I earned it.

I asked my parents for a BB gun. They told me I could start saving my allowance and when I had enough, we'd go get what I chose. I saved what I could, but as an early teenager, there were plenty of other things to spend my allowance on. Summer turned into fall, school started up again, and still no BB gun. My birthday came and went; nothing. I was convinced that I'd get one for Christmas.

Christmas morning, I remember being very disappointed that there was nothing resembling a rifle-length box under the tree. Turns out my parents, those clever people, had hidden the package elsewhere in the house. I tore into it when they brought it out, unveiling a Crosman 2100 pellet gun. I spent the vast majority of Christmas day outside in a foot of snow putting holes in tin cans and paper targets.

That air rifle went all over with me from then on. I added a scope and spent a large chunk of money on BBs and pellets. We lived in a pretty rural area, and property lines were a vague concept out there. All over the woods and fields, plinking targets of opportunity...

But as the scripture goes, "When I became a man, I put away childish things." (1Cor 13:11) I graduated high school, went off to college, and the air rifle got jammed into a corner of my parents' mud room. I shot it once in a while on breaks, but it had lost some of the fascination. (I think it may still be in that mud room, come to think of it.)

After I left college, I was living hand-to-mouth, and guns weren't on my list of hobbies. When I was 21 or so, I decided I wanted a .22 for plinking. I went to my local Kmart and bought a Remington 597 and a brick or two of ammo.

That 597 and I spent a lot of time at a coworker's vacant lot punching holes in tin cans and turning money into smoke and noise. I wasn't a great shot with it (hindsight: it was the rifle), but I had fun. A year or so later, a roommate's coworker invited us to a shoot. We showed up with the ammo he'd told us to bring and spent a day playing. Lots of guns, although nothing particularly high-dollar. A Garand, some Tauri, HiPoint, a few .22s, that sort of thing.

At the next shoot (a year later) my 597 fired out of battery and forcibly removed the extractor from the bolt. I stuck it in a closet and didn't think about it for the next couple years. My shooting was on hiatus.

When I was 25 or so, I started talking hunting with a fellow firefighter, and he VERY generously offered to take me turkey hunting with him the next day. I showed up, and we went. I was one-hundred-percent hooked, on the spot. (Tip: if you want to hook someone on hunting, spring turkey is a GREAT way to do it. Comfortably warm and exciting - none of this 20-degrees in a treestand for four or five hours nonsense.) That fall I bought my first grown-up gun - a Remington 870 Express SuperMag. I took my hunter safety class shortly thereafter, and shot my first deer late in the season (December 2005).

Initially, my guns were simply tools of necessity: I was hunting deer, turkey, and crows: the shotgun was fine. We went out for coyotes late that winter, and I picked up a .270. Overkill for coyotes, but I wanted a multi-purpose rifle.

Over the next two years, I picked up a few range toys and such. A T/C Omega muzzleloader, a Savage .17HMR, a Remington .30-06, and a Ruger Mini-14 all found their way into my gun cabinet. At some point I did get my .22 repaired, although it never was quite the same. Pure jamomatic.

Summer 2007, I moved in with the MrsZ-to-be, and took her shooting a couple times. We got an 870 for her (which is still new-stiff; we need to get that puppy out and broken in the rest of the way), and a few range toys appeared. I found out where the local gun shops were, checked out a couple gun shows, and applied for my NY pistol permit in spring of 2008.

Early summer of '08 found me with a crisp new pistol permit, and I promptly (the day I got it) completed the purchase of my first pistol. Two weeks later, the Springfield 1911A1 came home. The following two months increased the collection with a pair of S&W wheelguns, and I'd been bitten by the S&W bug. It could just have easily been Ruger or Colt. I went to the gun shop looking for a .357 wheelgun to have with me when hunting, and the 28-2 was the one that spoke to me.

Since then, the gun cabinet has become a gun safe, and the collection has increased in value by orders of magnitude. I've bought and horsetraded, and sold a few pieces here and there. I've learned what *I* like, as opposed to what ArfCom says I should like. (I have never owned a Glock. Not because they're bad guns, but because I don't like how they feel in my hand. I would buy one for a good price.)

I don't consider myself a collector, though. A more accurate term for my kind is "accumulator". There are honest to goodness collectors out there whose goals are very specific, e.g., "I want one of each iteration of S&W Model 10." (That'd be a hell of a collection.) I accumulate what appeals to me, and if I have something that doesn't make my heart thump a little faster, I have no issue with sending it down the road to finance something that I *do* love.

So, that's the start of shooting and collecting. (Side note: Dad now owns guns, having received a few from his mother when they moved from their house to a senior home. I'm in no hurry to acquire them, but I do want to shoot that .25-20WCF.)

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Activism? I don't know that I'd even call myself an activist. I'm strongly pro-gun, pro-carry, and pro-hunting, but I don't do a lot of things I'd consider activism. I make it known that I'm happy to take new shooters to the range, and if someone asks my opinions, I'm never shy about sharing them. There are decals on my truck ("Peace through superior firepower", a Gadsden Flag, a Sons of Liberty flag, and "Forget Tibet, Free America") but I don't rub peoples' noses in it either. I email and occasionally call my representatives, but haven't attended rallies. I tend to stay pretty far from politics on this blog, because other folks cover it better than I could.

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State law to repeal - that's an easy one. The NY "assault weapon" ban. It's a mirror of the (expired) federal ban, and has continued the effects that had. A post-ban stripped AR receiver goes for market value in NY - $125-150, depending on whose rollmark you like. A documentable pre-ban receiver can run five times that much. For what purpose? An adjustable stock, an A2 "flash hider", and a bayonet lug. Post-ban magazines over 10 rounds are verboten, but fortunately there are lots of pre-bans floating around in free states that folks are more than willing to trade for brand-new on a 1:1 basis. (Side note: I would dearly love a handful of pre-ban 20-round AR mags. If anyone has them just collecting dust or something...)

Full-frame handguns are neutered to ten rounds, making it silly to carry anything double-stack. (8+1 of .45 or 10+1 of 9mm? Let me think.) Yes, there are pre-ban pistol magazines out there, but folks are a bit more protective of those than they are of AR magazines. A pre-ban 17-round Glock magazine runs nearly $70 on Gunbroker right now; that same magazine brand-new from Midway is $22. Not everyone tries to make that much on their magazines, but it does seem to be a trend. I've lucked into a handful of pre-ban mags for my S&W 5946 at reasonable prices.

The scary-looking-gun ban has had zero appreciable effect on crime; it's time for it to go. It was poorly thought out to begin with, and has served no purpose beyond sending dollars out of NY to folks in free states.

Now, what state law to pass? Again, easy. A complete revamp of the NY pistol permit system. The current system is a mess, dependent on the whims of a local (elected) judge to sign (or not) and restrict (or not) a pistol permit. The concept of waiting three to fifteen MONTHS simply to get the permit - and then up to a month waiting period for each individual purpose - is simply stifling trade. The vast majority of NY gun owners can't purchase a pistol at a gun show because they can't have them added to their permit that day.

New York needs to become shall-issue, at a state level, with a single format for permits, and start making reciprocity agreements. The registration of individual handguns, and the money-pit boondoggle of CoBIS needs to be ended, period. I'd be content to switch to a tiered FOID/CCW setup. Want to be able to purchase handguns for sporting purposes? Fine - go to the sheriff's office, fill out a one-page application, they run a criminal history, and issue a 5-year FOID on the spot. You can now purchase handguns and possess them for sporting purposes: hunting and target shooting. Want to carry? Go to the sheriff, fill out a two-page application - hell, add a character reference or two - add a set of fingerprints, and wait for the prints to come back. Two weeks, maybe three, you have your 5-year CCW. Purchase and carry. Simple.

I'd even be OK adding a training requirement to receive a CCW - *if and only if* the classes are free or extremely low-cost (a la hunter education). Charging $120 for a permit and another $300-500 for a CCW class simply prices some folks out of it.

There oughtn't be a law...


Thanks for the fodder, Bob!

Jul 5, 2010

Brigid has a post about the .38 Things I Learned From Shooting. (Incidentally, I have no idea why she wasn't on my blogroll. Fixxored!) There's something on that list that every shooter should be able to identify with. I snarfled at this one:

(28) Bullets don't multiply but they do migrate. (How did this stripper clip end up in my sock drawer).

This is SO damn true in my life. A few weeks ago, MrsZ decided to clean out my truck, which has a habit of accumulating a winter's worth of detritus and hunting clutter every year between mid-September and ... oh ... summer. She piled the vast majority of it in one place designed to get me to sort it. (Blocking the access to the DVD player - the pile got shoved, not sorted.)

However, with company coming for the holiday weekend, I finally shoveled some of it into more appropriate places. In the pile, I found:
- my turkey vest, containing my calls, gloves, and no less than ten shot shells of various shot sizes and weights
- my woodland-pattern BDU jacket
- a pair of SureFire Sonic Defenders
- a tub of cover-scent wafers (fresh earth, mmmm!)
- my turkey hunting seat (a fold-down 4" tall mesh affair. Worth its weight in gold.)
- two feet of 550 cord sheathing, missing the core strands
- two winter hats
- one pair of winter gloves
- an UnderArmor camo hood
- three snow brushes
- my Dammit Stick (a 3/16x36" brass rod, rounded on one end, for clearing bores and chambers at the range)
- no less than six loose (and one full box of) Remington CopperSolid 12ga sabot slugs
- my electronic coyote call, with external speaker and speaker wire

And that was just from the back seat. I'm sure there's a partial box of slugs in the console still, and probably a magazine of .45 floating around in there somewhere.

It's not uncommon for me to hear, "Hon ... why is there a bullet on the kitchen table/garage floor/bathroom counter/bookshelf/coffee table/dresser/etc?" The answer is always - always - a shrug and, "Dunno." The top shelf of the safe has become something of a repository for loose ammo, and right now, off the top of my head, has a 12ga slug or three, a couple rounds of buckshot, a couple rounds of high-brass field loads, a handful of .22LR, a .22 CB Short or two, a .380, a few 9mm, a couple .44Spl, a box of .44Mag, a few .38s ... essentially, something for everything! (It's not unusual for spent brass to show up in the washing machine, too.)

While in my home state, this isn't an issue. In fact, in most states, it's not an issue. However, if I cross into Massachusetts, that empty case stuck in my floor mats is a felony. If I slide down into New Jersey, that loose sabot slug in my console is probably illegal - if you can make sense of that particular bit of law, more power to you.

And completely off-topic - to whomever in the 817 area code sent me the 4th of July email, thanks! ... Now, who are you???

Jul 2, 2010

America, in Wisconsin!

Just caught this over on the New York forum at ArfCom, and the original PDF is here.

I'd highlight the best parts, but I'd be highlighting the whole thing!


OFFICE OF GERALD R. FOX
JACKSON COUNTY DISTRICT ATTORNEY
NEWS RELEASE
For Immediate Release June 29, 2010
DISTRICT ATTORNEY GERALD FOX’S STATEMENT ON THE
U. S. SUPREME COURT’S DECISION IN MCDONALD v. CITY OF CHICAGO
Yesterday, in a resounding victory for all freedom-loving Americans, the United States Supreme Court confirmed that the Second Amendment’s protection of our right to keep and bear arms applies everywhere in America, and serves as a rampart against state infringement of this fundamental individual liberty. In its ruling, the Court declared that the right to keep and bear arms is a fundamental right, and that self-defense is at the core of the freedoms protected by the amendment.

This Supreme Court ruling is binding on all states and local governments, and
immediately renders some of Wisconsin’s current laws unconstitutional. Therefore, in
keeping with my oath to uphold and defend the Constitution, I hereby declare that this office will no longer accept law enforcement referrals for violations of the following statutes:
Section 167.31, prohibiting uncased or loaded firearms in vehicles;
Section 941.23, prohibiting the carrying of concealed weapons, including firearms;
Section 941.235, prohibiting the possession of firearms in public buildings;
Section 941.237, prohibiting the possession of firearms in establishments where alcohol may be sold or served; and,
Section 941.24, prohibiting the possession of knives that open with a button, or by
gravity, or thrust, or movement.

All of these statutes constitute unjustifiable infringements on the fundamental right of every law-abiding American to arm themselves for self-defense and the defense of their loved ones, co-workers, homes and communities. This change also invalidates Jackson County Ordinance Sections 9.01 (firearms in public buildings) and 9.29 (CCW).

Prior to this historic ruling, our state Supreme Court placed the state’s interests first, and would only create an exception to these laws when the individual’s need for protection outweighed the state’s interest. In the area of concealed carry, only 2 cases have approved concealed carry, one at home, and the other one at the defendant’s personally-owned place of business. Well, as the United States Supreme Court held yesterday, that view was exactly backward.

As with the other fundamental rights, such as the freedom of speech, of religion, of
association, or of security in our homes, persons, and effects, government limitations on fundamental rights are lawful only in the rare case that the state can show a compelling governmental need that can be accomplished only by enacting a narrowly-tailored restriction, in terms of time, place and manner. Clearly, a blanket prohibition against carrying your loaded firearm in your personal vehicle does not pass that test.

Put it another way: Does preventing the barkeep from protecting herself when she carries the bank bag home from the tavern make sense? Not here, not anymore. That’s not an American value; it puts concern for the criminal’s welfare ahead of the barkeeper’s right to self-defense. The fact is, criminals don’t pay attention to gun laws, only we good folks do. After 15 years of criminal law practice, I can state positively that when criminals resolve to harm someone, no law will stop them. These so-called “public safety” laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over.

I will watch for the legislature to make needed corrections in these areas. In the
meantime, while I am happy to declare that we will follow the Supreme Court’s ruling, I want to emphasize that with fundamental rights come grave responsibilities, and I will continue to vigorously enforce the laws against unlawfully using firearms, such as the prohibition against felons being armed; going armed while intoxicated; using a firearm to commit a crime; and endangering safety by negligent handling of a weapon, to name just a few. Only by the strictest adherence to firearm safety rules and common sense will we show that the elitists who seek to disarm all of us are wrong, and that every law abiding citizen can be trusted to protect themselves and their neighbors safely.
A copy of the Supreme Court’s decision can be found at
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
A copy of the amicus brief joined by J.B. Van Hollen, the Attorney General of
Wisconsin, can be viewed at: http://www.abanet.org/publiced/preview/briefs/pdfs/09-
10/08-1521_PetitionerAmCuStateofTexas.pdf
Let Freedom Ring.
Gerald R. Fox


And, on top of that, the Wisconsin AG agrees!


Baby steps, Bob. Baby steps!

Jun 29, 2010

Nitpicking

In comments over at Jay's and a post over at Borepatch's, New York is referred to as "May Issue". In fact, it's even listed as "May Issue" over at handgunlaw.us.

Arguably, though, we fall somewhere between "Shall Issue" and "May Issue". New York City is definitely "may". The rest of the state? The process is slow, onerous, can be invasive, and expensive ... but a licensing officer (often a county judge) has to provide "good cause" for denial of a pistol permit.

Now - once you have the permit, many counties will place administrative restrictions on the permit. In my previous county, my permit was stamped no less than five times, "FOR HUNTING AND TARGET USE ONLY".

Here's the thing:
There is no basis in law for that restriction. Judges started using it on their own, and no one challenged it in time to prevent it becoming a de facto restriction.

Now, you can still carry a pistol on a restricted permit... there is no criminal penalty for doing so. The most serious outcome possible would be for an officer to get wild hair and take the time to contact the issuing judge and recommend a suspension or revocation of the permit. *Most* officers won't go that route, but I suppose it's a possibility. A judge could plausibly say the permit holder was showing poor judgment by ignoring the restrictions. If that happens, you'd lose all your pistols - hopefully to a friend or on consignment in a gun shop, but still...

Other counties (usually the more rural ones) are very gun-friendly and essentially rubber-stamp an unrestricted permit if you don't have any disqualifying items.

It creates a hodgepodge mess of permissions, but a permit (and most counties are lifetime permits) is valid statewide (outside NYC), so once you get that "Carry" permit, you HANG ON TO IT.

So, is New York "shall" or "may"?

Yes!

Never one to rest on his laurels...

Mr. Gura is at it again.



The Second Amendment Foundation on Monday filed a federal lawsuit in North Carolina, seeking a permanent injunction against the governor, local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right to bear arms.


Go baby go!

Apr 20, 2010

Gun laws

Over at Stuck In MA, JayG writes a post about gun laws on his adventure south.

He is promptly corrected (in comments) on aspects of gun law in every state mentioned.

I've met JayG. He's not a dumb man. Seems to be relatively well-spoken, articulate and reasonable. Using him, a pro-gun person if I ever saw one, as an example:

If a reasonable man cannot correctly determine the legalities of transporting his firearm(s) from one state to another, there is something inherently wrong with the legal arrangement.

Jay was smart enough to check the laws before driving and still missed a few. If Bob the Electrician (related to Joe the Plumber, but votes conservative) is heading out for vacation and tosses (or forgets that) his heater in the truck, he's well on his way to some expensive lawyer bills.

This patchwork of laws needs to get smoothed out and corrected, and states need to understand and adhere to the Firearm Owners Protection Act.

(BTW, Jay, I hope you made sure there wasn't a single solitary round of hollowpoint ammo in the G-mobile... that'll get you some extra attention in NJ.)

Look for a new post this evening with BAG Day Item 2!