Arms and the Law

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Updated: 1 week 4 days ago

Judicial nullification and arms rights

Thu, 05/12/2016 - 09:58

Joyce Malcolm has thoughts on the subject.

Mike Vanderbeogh's headstone

Fri, 05/06/2016 - 10:46

David Codrea has it, and is seeking contributions toward its cost. Its back side sums things up well.

Waco: military memo of FBI meeting with Janet Reno

Tue, 05/03/2016 - 22:39

Before authorizing the gassing at Waco, Janet Reno received a briefing, and she or someone else requested that military advisors be present. The advisors chosen were reluctant to advise a law enforcement operation, but had little choice.
Here's the memo they made of the meeting. The civilian experts were quite unconcerned about the effects of the gas; the military advisors were far more concerned. Reno then asked "why now," and the FBI grossly misled her. Koresh had in fact said he would be coming out as soon as he finished writing the "little book" (too complex to explain here). The FLIR infrared had shown the Davidians were about out of water anyway (it was stored in big plastic tanks outside the building). As far as HRT suffering from lack of training, the military advisors had the simple answer: just pull them back for training. (FBI also had many of its SWAT teams manning the perimeter). There's also a mention of some military equipment (name and nature redacted) that was deployed to Waco.

Waco: fire and firetrucks

Sun, 05/01/2016 - 15:11

Here are two pictures made from the air during the fire of April 19:

In the first, you see the Davidian home almost entirely destroyed by fire. There are no firetrucks present. In the second, you see the fire engines after they were allowed in, at a time when they could do no more than cool the ashes.

The sound track of the FLIR tapes picked up radio traffic. The agent at the scene was desperately calling for fire engines, while his superior was ordering them held up several miles away. The agent at the scene got to where he was practically pleading for them, his superior radioed were the trucks for the women and children, the agent answered yes, and his superior replied "they're the only ones, I hope."

RIP Joe White

Fri, 04/29/2016 - 11:58

I read in the May American Rifleman that Joe White passed on--I knew him since the late 70s, and was in touch within the last few months. He passed on at age 95. He served as NRA's deputy EVP, the only deputy EVP NRA has ever had, being one of the Border Patrol retired leadership that Harlon Carter brought with him to found the NRA. (I know, it'd been around for a century before then, but the organization as it is known today was really founded in the late 1970s). He's written a number of interesting books on the NRA, on growing up impoverished in the hills, and on handling real estate. Oh, and on being in the Border Patrol. A very good man.

The destruction of the Davidian residence

Thu, 04/28/2016 - 19:22

Here's a pic taken late in the process. The forward wall has been crushed in at three places, and in the center the tank entered almost its entire length. The previous photo shows how the right side had been torn open. And at the rear another CEV has destroyed half the "gym." I was there when they took the deposition of Danny Coulson, former HRT commander who monitored the operation from Washington, and he said that until he walked into the room he'd had no idea how much of the building had been destroyed or that tanks penetrated nearly their full length.

On the last day, did the Davidians really shoot at the tanks?

Thu, 04/28/2016 - 16:26

One key to what happened on the day of the fire lies in claims that the Davidians shot at the FBI armored vehicles. As a general rule, AR-15s with 55 gr bullets are not considered good anti-tank rounds. Multiple hits in the same place may, however, require touch-up painting.

The FBI plan, as sold to Janet Reno, called for quite slow injections of CS "tear gas," more designed to annoy the Davidians into coming out. However, this could be changed to an all-out assault if the Davidians shot at the tanks (no reason was given for this, but they slid it past Reno).

The claim was that the Davidians began shooting early in the assault and continue throughout it. The incident commander testified that was why he out't let the fire trucks respond to the fire -- too dangerous, with the fanatic Davidians shooting.

Here's one of the aerial photos, taken late in the assault (notice how shredded the building is). Three armored vehicle are parked to the left (I inserted an enlarged area above them). It certainly looks as if one crewman has dismounted and is standing in the open, within about 50 yards of the building. That's not a shadow, the sun is high and notice how small the tank's shadows are.

Waco: photo from start of gunfight at the front

Wed, 04/27/2016 - 21:54

Here is a pic I objected via FOIA, showing the very beginning of the Feb. 28 firefight in front of the building. The surviving Davidians (who were at the front of the building) said the first shots involved BATF firing through the double doors. The photo shows three agents kneeling and apparently shooting at the double doors. There are also bullet holes, barely visible, there and elsewhere. The agents' "cover" doesn't seem to match claims that the Davidians deluged them with gunfire.

Waco week

Sun, 04/24/2016 - 13:05

To start things off, here is a BATF report of their activities on February 19, 1993, nine days before the first raid and gun battle.

Background: BATF claimed that the massive raid (80+ agents, three borrowed military helicopters, a large caravan of vehicles) was necessary because David Koresh was a paranoid recluse who never left the Davidians' building and thus could not be arrested peacefully.

To monitor the Davidians, BATF put several agents in what came to be called the "undercover house," across the street from the Davidian residence (albeit "across the street" here means a couple of hundred yards away). This report details what those agents did on February 19.

They went shooting.

With David Koresh.

They had all the guns. Koresh had one unarmed Davidian with him. Then Koresh went home, and the agents went back to planning the raid.

Waco week

Sat, 04/23/2016 - 00:21

I attended the Waco memorial this year, first time in years that I haven't had some emergency supervene. I think next week on this blog will be largely devoted to that topic. I found it amazing how forgiving the Davidians are. Example: in front of the rebuilt church is a memorial to the BATF agents killed in the initial assault, and to the dead of Oklahoma City:

Thoughts on the Bushmaster Connecticut ruling

Fri, 04/15/2016 - 16:31

The media has been playing up the court's ruling allowing the Brady Campaign lawsuit against Bushmaster to proceed, notwithstanding the Protection of Lawful Commerce in Arms Act. A look at the actual ruling rather than the news accounts shows the ruling is far less significant than the media claims.

It appears that Connecticut procedures allow a defendant to move to dismiss a case in different ways, including arguing (1) the plaintiff has no case, or (2) the court doesn't even have jurisdiction to decide whether plaintiff has a case. (It's not clear to me whether you can do both in the same motion, as you can with federal practice). Buahmaster's attorneys chose to argue (2): the PLCAA deprives a State court of jurisdiction to determine a case that the statute covers. And that's the argument that the court turned down. Assuming CT procedures permit this, Bushmaster can now proceed to argue that plaintiff doesn't have a case.

Update on Mike Vanderboegh's condition

Thu, 04/14/2016 - 12:42

David Codrea reports a conversation with Mike last night. He and Mike were keys to opening up "Operation Fast and Furious." He writes that Mike is coming home from the hospital, but that doctors give him about a month to live.

Updated graph on laws on carrying

Mon, 04/11/2016 - 23:44

No Lawyers, Only Guns and Money has an updated one online. It says something that things are changing so quickly (and all in the direction of greater freedom) that you have to make sure any chart is up to date.

In terms of population, they calculate that 65% live in "shall issue" states, 27% in "may issue," 7% in "don't need" and 0.4% in "can't get" states.

It's not so many years ago, I think up 'till the mid 1980s, that the entire country was, in terms of concealed carry, either "can't get" or "may issue," Vermont being the one exception. (Like many western states, Arizona was "can't get" for concealed carry and "don't need" for open carry).

GunFacts is fundraising

Fri, 04/01/2016 - 22:37

Right here. Guy Smith, its central person, hopes to expand efforts toward pro-gun Youtube messages and undertake other projects.

"To continue this winning streak, we need your help. We want to continue educating the masses, like we did last year when we:
• Broke the code on why some polls show gun ownership steady while others show it declining.
• Showed that "lax law" states are not the source of crime guns, but that "strict law" states are.
• Launched a YouTube channel with snappy 60-second videos for you to share.
• Showed why "universal" background checks are not universal, and why they make no difference in gun crime.
• Ignited a push-back to the phony "gun violence research" drive, a counter-punch already organically circulating on the net.
• Deconstructed the myth that firearms are an anti-woman issue.
• Destroyed the Missouri myth that getting permission to buy a gun stops crime.
• Demonstrated why American street gangs are the prime source of gun violence.
• Showed that permitless (constitutional) carry is a non-problem."

Clayton Cramer is glad they don't have Canada's murder rate where he lives

Mon, 03/28/2016 - 18:34

In Idaho. And for that matter, most of the tier of states contiguous to Canada.

Interesting contrast in California

Sun, 03/27/2016 - 23:16

British tourist robbed, fatally stabbed, in middle of a busy San Francisco street, and locals express shock.

Man steals hot dog and beer from a couple running a 7-11 in Los Angeles, stabs the wife and fatally stabs the husband coming to her defense, locals express shock.

Three armed robbers attack South Los Angeles taco stand, the owner is armed and shoots, one robber DOA, the surviving robbers being sought.

Perhaps there is a lesson to be learned here....

"Ban this dangerous weapon right now"

Sat, 03/19/2016 - 23:53

It's the favorite tool of serial killers. We probably have to go slowly, though, better half a loaf than none, maybe just take one slice at a time. First, regulate cars as tightly as we do guns, no purchases without a background check, no interstate sales, possession forbidden to felons, persons with mental commitments, illegal aliens, etc.. Then outlaw these particularly dangerous vehicles.

Hat tip to Instapundit.

Searchable database of firearm manuals

Sat, 03/19/2016 - 18:05

Right here. Very handy -- 1,800 manuals already in the database, and two thousand more to be uploaded.

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