Archive for February, 2005

February 24, 2005

Self-Storage Shenanigans

For about a year now, I’ve been involved in a semi-weekly garage-band jam session. We get together in a self-storage unit, mainly because the drummer didn’t want to play at his own house and didn’t want to schlep his kit around (can’t blame him), plus there aren’t any neighbors to annoy.

Except there are. Tonight there were two other bands playing at the same self-storage lot at the same time we were. Looks like there ought to be a business opportunity here somewhere.

I wonder what else goes on those places?

Well, I Was Wrong

Back in November, I predicted John Ross would have new posts in January.

Make that late February.

Trackbacks

Track backs are back until some loser decides to spam bomb them again.

Flood the zone

I want answers. I want to know if CNN broke the law or just lied. People have been contacting their senators and the ATF. Now, I ask that you contact CNN.

You can highlight editorial errors here.

General online contact info is here.

Their address is:

One CNN Center
Atlanta, GA 30303

or

190 MARIETTA ST NW
ATLANTA, GA 30303

And their phone number is (404) 827-2600

FN 5 7 Update

Senators from Hell err New Jersey are introducing a bill to ban the FN 57:

New Jersey’s U.S. senators plan to introduce a bill that would make it illegal for anyone, except a police officer or military official, to purchase or use an assault pistol that fires bullets capable of penetrating a bulletproof vest.

The Five-SeveN gun made by FN Herstal of Belgium has already been denounced by three national police organizations and the Brady Campaign to Prevent Gun Violence. The handgun is small and lightweight and easily concealed in a person’s pocket, the groups said.

Last month, the Brady Campaign released a videotape of its staff test-firing one of the handguns it had purchased from a Virginia gun dealer. The bullets penetrated a police Kevlar vest.

The anti-gunners can’t get huge categories of guns banned now so they’re doing it one at a time and, in some cases, one state at a time. Almost any rifle round will penetrate a vest as vests are designed to stop ammo commonly used in handguns. The FN fires a rifle round. The ATF has stated that the rounds will not penetrate a vest and ATF has stated the pistol ammo commercially available is not armor piercing (else it would be illegal):

FTB has also examined a 5.7 X 28 mm projectile that FN Herstal has designated the “SS196.” The SS196 is loaded with a Hornady 40 grain, jacketed lead bullet. FTB classified SS196 ammunition as not armor piercing ammunition under Federal firearms statutes.

According to FNH USA, FN Herstal tested the SS192 ammunition. SS192 ammunition did not penetrate the Level IIIA vests that were tested. FNH USA states that SS196, Hornady V-Max 40 gr. bullets fired from a 4-3/4 inch barrel did not penetrate the Level II vests that were used in testing.

FNH USA has informed FTB that SS192 is no longer imported for commercial sale to the United States and that commercial sales of 5.7 X 28mm ammunition are restricted to the SS196 (not armor piercing).

However, the SS190 is armor piercing and is not legal to buy. Additionally, this pistol costs about $1,000 and is not something your average criminal would carry.

Ok, maybe Democrats don’t get it

There’s a proposal to restrict ammo sales:

The sale of ammunition like that used in the Hudson Valley Mall shooting should be restricted, two local Democratic lawmakers say.

“I realize you can’t stop somebody from committing a crime, or committing a heinous act if they’re really intent on doing it, but maybe you can slow it down,” said Bill Reynolds, majority leader of the Kingston Common Council. “Obviously, real strict gun control doesn’t make a lot of sense, but perhaps there is some wisdom in at least slowing people down from getting their hands on weapons of war and the ammunition for them.”

Authorities say 25-year-old Robert Bonelli Jr. of Glasco purchased three boxes of 7.62-caliber ammunition for his Hesse Model 47 semiautomatic assault rifle at the Wal-Mart store next to Hudson Valley Mall in the town of Ulster an hour before he fire 50-60 shots inside the mall, wounding two people.

Authorities have said both the weapon, purchased at a local gun show, and the ammunition were obtained legally, but Reynolds and Ulster County Legislator Brian Shapiro of Woodstock said there should be tighter restrictions on the availability of the semiautomatic rounds used in the shooting.

It’s amazing to me that people are shocked someone could have both a gun and ammo that goes with it. And there is no such thing as a semiautomatic assault rifle.

Update: As readers point out, there is also no such thing as a semiautomatic round.

Eminent Domain Round Up

Newday:

If New London can seize people’s homes so private developers can build a hotel and convention center, what will cities do next? several Supreme Court justices asked during arguments Tuesday.

Can a city decide to get rid of the Motel 6 and put up a Ritz-Carlton, asked Justice Sandra Day O’Connor, because the luxury hotel would produce more taxes?

“That would be OK?” she asked.

“Are we saying you can take from A and give to B if B pays more taxes?” asked Justice Antonin Scalia.

Some good news in Indiana:

The Indiana House voted Tuesday to make it more costly for government to condemn private property for the sake of commercial development, as the U.S. Supreme Court heard a case that could lead to even more restrictions.

Supporters of House Bill 1063 complained that the wants of developers have trumped the rights of average citizens. They argued that eminent domain laws, which allow the government to buy property against the owners’ wishes, have strayed far from their original purpose of making it possible for roads and other necessities to be built.

Erin Durkin says ED’s future is unsure.

In Utah, homes are scheduled to be bulldozed to make room for a Wal-Mart:

Residents of a tucked-away downtown neighborhood and other Ogden residents angry at City Hall rallied Monday to protest a plan to bulldoze homes and businesses for a new Wal-Mart superstore.

At the peak of the rally, more than 40 carried signs showing a slash mark through the words “eminent domain abuse” and calling for reform of redevelopment laws. Passers-by honked and flashed protesters thumbs-up signs.

“Something is wrong with this picture,” said protester Bill Glassman, an Ogden real estate broker and investor. “Do not take homes and viable businesses away and give [the land] to a big company!”

The non-genocide

The UN proclaimed that there was no genocide going on in Darfur. Kristof disagrees and has some pretty horrific images. This kind of thing needs to be stopped. The world sat by while Rwandans were slaughtered and acted as though tough words could stop it. It does not need to happen again.

Democrats and guns

Rep. Ike Skelton, a Missouri Democrat:

The national debate over gun rights, for decades among the most searing and divisive of political issues, appears to be all but over in Congress.

That means that the assault weapons ban, a signature achievement of gun control advocates that expired last year, probably will not resurface anytime soon.

Conversely, congressional leaders and the Bush administration haven’t put a priority on efforts to expand gun rights.

He then makes the mistake of quoting Saul Cornell (who Denise has a round up of here). Skelton seems to get it, as do other Democrats (like Reid). I think the Republicans need to focus on being more pro-gun and get a handle on some of these ludicrous gun laws before some CNN reporter commits a crime.

Quote of the day

Gunner on AL sex toy ban:

What happens between me, my wife, the inflatable doll, the midget in the corner and the camera man is my own business.

Good Idea

I hate rubberneckers with a passion. Dropping traffic to a standstill so you can get your rocks off gawking at the misfortune of others is abysmal. Looks like Boston has a good idea:

Seven-foot-tall by 10-foot-wide screens made of piping and vinyl material have been in use since late last year, intended to obscure accidents from passersby and keep drivers moving, officials said.

Put curtains up around the scene to keep the rubberneckers moving sounds like a decent idea.

Why doctors should stick with people

Some doctor says electronic baby swings can trigger dog attacks:

Rocking your baby to sleep in a mechanical swing can trigger a deadly attack on the child by the family dog, a coroner warns.

At least two such deaths have been documented in Maryland over a four-year period, Dr. Albert Y. Chu of the state’s medical examiner’s office said Wednesday at a meeting in New Orleans of the American Academy of Forensic Sciences.

The back-and-forth motion may activate the dog’s instinct to chase prey, he said.

“Think about dogs chasing cars or tennis balls. They can’t control their behavior — they just go,” he said.

A tennis ball and car don’t rock back and forth. Dogs can control their behavior if appropriately trained.

February 23, 2005

CNN Rifle Felony Update 2

Kevin reports that there was no felony. He says CNN just misled their viewers by lying and implying they took the rifle to Georgia when it remained in Texas. The transcript states:

(voice-over): The transaction at a house in suburban Houston took about 20 minutes. We walked out with a case holding the gun critics say is the perfect terrorist weapon, a brand new .50-caliber with scope, bipod and directions. We flew home.

Guns are checked as baggage. And when the bags arrived for our flight, I simply picked it up and left.

The transport of the firearm from Texas to Georgia would be illegal and that’s what they said they did. I think that felony was committed based on the transcript. I haven’t seen the video (anyone with a link send it).

Kevin says to call off the dogs. I don’t think so. The transport is illegal and I don’t see how the reporter would note that he checked the gun at the airport when he didn’t, unless he’s a liar. I don’t find it plausible that he checked an empty case at the airport but it is possible.

Update: Conversely (and a bit of good news), Kevin’s source notes that CNN went out of its way to state that the buyer was a Texas resident, which would put him in the clear in terms of obeying the law.

CNN Rifle Felony Update

Xrlq calls for an apology and not an arrest.

I should point out that this issue is rather like playing with fire. It could (and likely will) go badly. Sure, watching CNN squirm under an investigation would be fun but it is unlikely. I just want them to retract the whole bit about the purchase being legal. Of course, CNN has been caught lying about guns before and did the right thing when confronted. That’s all I want.

Jed, noting Google hits looking for the issue, calls it a meme.

Update: Or what he said.

More on Kelo

Lobbygow, in All Your Home Are Belong to Us, notes:

In other words, “The Old Boy Network can do what they damned well please with regards to anybody’s property.” This moral sleight of hand involves a bit of misdirection by pointing out that the seized properties are paid for after all. So fucking what? A market that is not a matter of choice is neither free nor fair. If I am forced to sell my property at a time that is not of my choosing, and with no power to set my own price, then the payment cannot possibly be fair.

Yup.

CNN 50 Caliber Rifle Update – Senator’s office responds

A reader informs me that he has received a response from the office of the Senior Senator from Texas stating they will look into the entire matter and find out if ATF doesn’t prosecute why they don’t prosecute.

CNN 50 Caliber Rifle Update

Michael Bane updates that his contacts are telling him there is little chance the ATF will move against CNN due to lack of intent to break the law. Countertop doesn’t think the ATF will do anything to CNN but doesn’t think it’s right:

If they violated it, they are guilty. Its an open and shut case. Either the facts are there, or they are not (I still haven’t seen the video, so I don’t know). However, for an ATF agent to suddenly claim that “intent” matters is simply incredible. I wonder if we can get them to put that in a written opinion?

Note to self: It may be OK to break gun laws as long as I don’t think I am. It’s a pity I spent all that time and effort learning those gun laws so I don’t break them when I could have just remained ignorant and gotten away with something.

Triggerfinger on a roll

Matt has updated his post detailing the CNN 50 caliber rifle flop with lots of information. Go read.

Meanwhile, Marc is offering CNN $500 for the rifle. Heh. I’ll give them $501.

Kelo v. New London Update

Kevin notes that things are not going well for the plaintiffs.

ScotusBlog notes:

Marty reports that, based on the impression left by the oral arguments, the government-side is going to win today’s property rights cases overwhelmingly.

In Kelo, the plaintiffs may get as many as three votes: Scalia; Thomas (who did not ask any questions); and Rehnquist (who was not there). But it was clear to O’Connor and Kennedy that the Court would have to overrule Midkiff and Berman to rule for the plaintiffs, an approach for which there was no majority. The only possible silver lining for property-rights advocates was that Justices Kennedy, Souter, O’Connor and Breyer all expressed concern that the traditional measures of just compensation under the Fifth Amendment may be subject to reconsideration. Justice Kennedy acknowledged the question wasn’t presented in Kelo, but the Court’s opinion or a concurrence may raise the issue, opening a new avenue of property-rights litigation.

I hope not. It would really mark the end of property rights in this country.

Didn’t get the memo

Apparently, the Mississippi Press didn’t get the memo that guns are easy to get. Hence, the headline: Guns not necessarily easy to get hands on.

My fear

My big fear with the hoopla involved in the CNN reporter committing a felony by illegally purchasing a gun is that the guy who sold it to him will take the wrap for it. Worse, I fear CNN will play the victim as a result. I hope that guy reads gun blogs and is keeping up with it. And I hope he that he made sure his ducks were in a row regarding the legality of the transaction.

February 22, 2005

Houston ATF May Investigate CNN felony

Thanks to a reader, I have copies of emails from an ATF agent who was forwarded the CNN transcript. The email from the ATF agent says:

I have forwarded this to the Houston office. There is no straw purchase since the transaction does not involve a licensed dealer. However the owner did sell a firearm to a non-resident of Texas which is a violation of 18 U.S.C. 922(a)(5).

I should note that it depends on what is meant by “owner.” The owner (or original seller) sold to a Texas resident who gave the weapon to the other reporter. We’ll see.

I’ll update this post with details as more information is confirmed.

Heartless Libertarian wants to make sure this doesn’t go away and is advocating calls to Houston ATF. I have now confirmed that the ATF is aware but people should keep up the pressure.

I think this may be a first SayUncle Exclusive!

Update: Triggerfinger thinks the agent is only partially correct. And, competition aside, my post is the first confirmation that some one at the ATF is aware not the first notice that people are contacting them.

Update 2: Heartless Libertarian points out that the ATF agent in the email is focusing on the seller (presumably the guy who sold the rifle to the CNN person who was a resident of Texas) and not the transfer:

Only problem here is that Griffin, the CNN reporter, and his crew, are in violation of section 922(a)(3) of the same law, which the ATF doesn’t seem to concerned about.

Update 3: Via Matt, Michael Bane notes:

Based on my conversations with legal experts within the firearms industry, CNN did indeed violate at least one, and probably two, federal firearms laws in their reporting of the .50 caliber controversy last week.

Representatives of the industry are currently in touch with the ATF.

More to come.

Eminent Domain Round Up

With Kelo coming today (CNN has a summary), here’s what blogs saying:

EricConstitutional violations aside, something about this process would seem to invite political chicanery, if not outright corruption. Want a good deal on a piece of property? Contribute large sums of money to the right guy’s campaign, and it’ll be yours for a song!

Southern Appeal: – According to the Petitioner’s brief, the City and a private development corporation seek to take Petitioners’ 15 homes to turn them over to other private parties in the hope that the City may benefit from whatever trickle-down effects those new businesses produce. Petitioners argue that the majority opinion below incorrectly equated “public use” with the ordinary “public” benefits – taxes and jobs – that typically flow from private business enterprises. The Petitioners urge the Court to adopt a bright-line rule that the possible increase in taxes and jobs does not qualify as a public use.

Tim Cavanaugh has a link rich post that with too much info to quote. Go read.

Pejman Yousefzadeh offers checks to address abuse of eminent domain.

The Institute for Justice has more.

Stephen Green rightly calls it legalized theft.

And I’ve been all over it.

Update: Lobbygow is on it too.

It seems that one thing most sides of the political spectrum can agree on is that eminent domain abuse sucks.

CNN 50 Caliber Rifle Update

Triggerfinger has the definitive round up of CNN committing a felony in pursuit of their hit piece on 50 caliber rifles.

He also notes that they can get out of the felony bit if they admit to deliberately misleading their viewers.

Meanwhile, Heartless Libertarian is advocating contacting the attorneys general and ATF in GA and TX.

Torture by police update

In an update to the torture of a drug suspect in Campbell County, the officers involved are expected to plead guilty:

Four Campbell County lawmen will plead guilty this week to the beating and torture of a drug dealer, and federal prosecutors will ask a judge to put them behind bars pending sentencing.

Kelo v. New London: Today’s the day

Today, the Supreme Court will hear the case of Kelo v. New London, which is arguably the most important property rights case in recent years. The Post Gazette has two articles on the issue. The first notes:

It has been 50 years since the U.S. Supreme Court adopted an expansive view of the power of eminent domain in the case of Berman v. Parker, in which it upheld the condemnation of private property by the federal government as part of an urban renewal plan in the District of Columbia.

The other notes the confidence of one of the people involved in Kelo:

“How could we possibly lose this?” Von Winkle said in an interview. “You can’t do what they’re doing. If Pfizer wants property, they’ve got to buy it, not steal it.”

At issue is whether or not the .gov can take property from one person and transfer ownership to another private entity in the name of public use, which has very recently been bastardized to mean public good. A ruling for the property owners would be great and the right thing to do. A ruling against will likely mean the end of property rights as we know them. Seriously.

They have good taste

Sigarms just got a $23.7M dollar contract to provide service weapons for the Department of Homeland Security:

The winners were three models of Sig Sauer pistols, the P229, P226 and the P239. The P226 and P229 are equipped with a newly designed DAK trigger system, developed by JP Sauer & Sohn, a German-based 200-year-old sister company.

The final Homeland Security order includes sub-compact, compact and full-sized pistols, in two calibers, 9mm and .40-caliber.

Right to hunt

Michael Silence notes that the Tennessee legislature are pushing for a constitutional amendment guaranteeing the right to hunt. They fear that the animal rights groups will slowly put an end to hunting and what it protected in the constitution.

The second amendment doesn’t mention hunting yet anti-gun folks like to point out that some guns aren’t used for hunting.

Georgia Dog Ban Update

The Georgia House now has a bill (HB78) to ban pit bulls.

Heh!

The guys at Knoxpatch are on a roll.

Remember, I do this to entertain me, not you.

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