- NSSF Expels Dick's Sporting Goods - 1 Update
- Gun Supporters Have a YouTube-Like Site - 1 Update
- Churchill: Cuomo targets the NRA - and free speech - 1 Update
- Dick's Sporting Goods says new gun policy will impact sales, shopper visits - 1 Update
- N.R.A. Suit Claims Cuomo's 'Blacklisting' Has Cost It Millions of Dollars - 1 Update
- Group tied to Bloomberg helping city fight gun regulations lawsuit - 1 Update
- Moonbat run Levi Strauss teams up with radical gun control group: 'We simply cannot stand by silently' - 1 Update
- British YouTube Gun Channel Goes Dark - 1 Update
- NRA Sues New York for Punishing Financial Institutions Doing Business With Group - 1 Update
- Anti-gun Democrat Senator Distorts the Law and the Facts in Unsuccessful Attack on Supreme Court Nominee - 1 Update
- David Hogg Makes A Fool Of Himself In Canada, Gets Mic Taken Away - 1 Update
- Anti-American loon Bloomberg considering run for president as a Democrat - 1 Update
- New York's Assault on the NRA Sets a Dangerous Precedent - 1 Update
- A Furious Enmity for the National Media at NRA Convention - 1 Update
- Alabama Schools Can Keep Guns at the Ready - 1 Update
- Iowa Looks to Add Gun Amendment to State Constitution - 1 Update
- Law is dead in Washington state: I-1639 is inarguably illegal - 1 Update
- Sneak Attack on Washington State - 1 Update
- Hard Times for Dick's as Second Amendment Supporters Respond to Company's Anti-Gun Bent - 1 Update
- "Law is Dead in Washington state" - Outraged Reaction to Court Decision on I-1639 - 1 Update
- Bloods street gang members sentenced for stealing 56 guns from Cabela's in Thornton - 1 Update
- Court overturns I-1639 decision, allows gun measure on ballot - 1 Update
- Pro-2A Student Shuts Down Anti-Gun Syllabus - 1 Update
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- To Limit the Second Amendment, New York Attacks the First - 1 Update
"Gene Poole" <gp@dont-email.me>: Sep 27 01:09PM +0200 NEWTOWN, Conn. — The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms, ammunition, hunting and shooting sports industries, Board of Governors today unanimously voted to expel Dick's Sporting Goods from membership for conduct detrimental to the best interests of the Foundation. Dick's Sporting Goods recently hired a Washington D.C.-based government affairs firm, for "[l]obbying related to gun control." Dick's Sporting Goods CEO Edward W. Stack announced earlier this year the Field and Stream stores in the retail chain would end sales of modern sporting rifles, voluntarily raise the age to 21 to purchase firearms in their stores and called for more restrictive legislation. Dick's later announced they would destroy the remaining modern sporting rifle inventory. NSSF responded that business decisions should be individually made, but was nonetheless disappointed and the decision does not reflect the reality of the vast majority of law-abiding gun owners. About NSSF The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 13,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen's organizations and publishers. For more information, visit nssf.org. ________________________ Media contact: Mike Bazinet 203-426-1320 https://www.nssf.org/nssf-expels-dicks-sporting-goods/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 12:21PM +0200 You've seen the headlines about Brownells losing its YouTube channel temporarily, about England forcing a gun supporter off internet, and about liberal bias at behemoth social media site. The answer, proposed by A1F contributor Frank Miniter was simple: We need our own YouTube site. Well, guess what? It exists. Outdoorsports.video provides a gateway for gun owners to share the love of their pastime with other like-minded people, and they won't have to worry about getting booted off the site. Now, to be fair, this site isn't yet monetized to the degree YouTube is in that you're not going to get rich by having millions of people click on your video. But it's certainly a step in the right direction. Denny LeFevre is the mastermind behind the plan. He currently funds the site with his retirement check (he is a retired master sergeant in the U.S. Armed Forces). The site, still in its infancy by most standards, started by legally embedding 3,000 videos from YouTube, LeFevre wrote in an email to A1F. That number has since dwindled to 600 as YouTube continues to cull its offerings that offend its liberal sensibilities To make up for the diminishing returns associated with YouTube, outdoorsports.video is encouraging people to upload original content. One goal, of course, is long-term growth, which could ultimately lead to a better payoff for those who post there, provided the site gets advertising support. But even now, LeFevre reports that the site is viable enough that the video owner who generates the most views every month gets a check for $50. As was mentioned earlier, you're not going to get rich off it right now. But if enough gun backers thumb their noses at YouTube and invest their online time with outdoorsports.video, it will at least offer a way for believers in the Second Amendment to exercise their First Amendment rights as tbey pertain to guns. A cursory glance at the site shows a mix of hunting and defensive videos. If you've got video clips you'd like to share, the sign-up process looks pretty straightforward. https://www.americas1stfreedom.org/articles/2018/9/5/gun- supporters-have-a-youtube-like-site/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 12:09PM +0200 Albany, N.Y. Andrew Cuomo versus the NRA? You know the governor is loving this. The public brawl with the group Democrats hate most is just what Cuomo needs to carry him through next month's primary and to elevate his standing for the coming presidential race. It's a wonderful way to change the subject and brush aside those unpleasant corruption headlines. But there's something to consider if you are among those cheering the governor during this particular fight: His attack on the National Rifle Association is more harmful to the First Amendment than the Second. Cuomo, you see, has essentially weaponized the state's regulatory authorities to go after a political organization with which he disagrees. It is also an organization that will stand in his way if he really does run for president. Specifically, the fight involves an insurance policy that is promoted by the NRA for those who carry concealed weapons. The governor says the program is illegal in New York because it could cover acts of "intentional wrongdoing." If it is true that the insurance is illegal — I won't pretend to be an expert in insurance law — the state is within its rights to target it. But the effort is much broader than that. Cuomo, as the NRA notes in a recently filed lawsuit, is using the power of state government to pressure banks and insurance companies to stop doing business with the gun rights group. "We must push further to ensure that gun safety is a top priority for every individual, company, and organization that does business across the state," Cuomo said in an April press release. "I am directing the Department of Financial Services to urge insurers and bankers statewide to determine whether any relationship they may have with the NRA or similar organizations sends the wrong message." The DFS, which regulates the banking and insurance industries, followed up with letters urging companies to reconsider doing business with the NRA and other gun-rights groups. Consider the potential for "reputational risk," the letters say. "Simply put, the defendants made it clear to banks and insurers that it is bad business in New York to do business with the NRA," the group says in its lawsuit. It adds that the "blacklisting campaign" is a violation of speech and association rights guaranteed by the Constitution. The NRA is wrong about much, but they have that right. What Cuomo is doing — using the power of the state to target a political enemy — is tyrannical. If you're willing to excuse the danger this time because you believe the NRA is uniquely awful, at least consider the precedent being set. What if conservative governors decide to similarly target progressive causes or companies that do business with liberal advocacy groups? To get a sense of what that might look like, we don't have to travel far. We have an example from right here in Albany, implemented by ... you guessed it! ... Andrew Cuomo. Two years ago, the governor issued an executive order requiring state agencies to stop doing business with companies and organizations that support boycotts, divestment or sanctions against Israel for its alleged mistreatment of Palestinians — otherwise known as the BDS movement, a popular cause on the left. Cuomo's order even required that the state Office of General Services create a blacklist of companies involved in the BDS movement and make that list available to everyone online — a nice little bit of public shaming for anyone daring to diverge from the governor's point of view. The move was outrageously antagonistic toward free speech, but that has long been the pattern with Cuomo. He doesn't want to debate those who disagree with him. He calls his opponents enemies and tries to intimidate them. He tries to shut them up. (Yes, it is quite Trumpian.) On Monday, Cuomo was still enjoying the attention provided by his battle with the NRA. Appearing on MSNBC's "Morning Joe," he said, "If they went away, I would offer my thoughts and prayers, Joe, just like they do every time we have another situation of innocents losing their lives." It's an effective line among Democrats, and Cuomo has repeated it in recent days. It's also an effective line for the NRA, given how it will induce a flood of donations. Cuomo versus the NRA? In the short term, both sides win. https://www.timesunion.com/local/article/Churchill-Cuomo-targets- the-NRA-mdash-and-free-13136475.php |
"Gene Poole" <gp@dont-email.me>: Sep 27 12:04PM +0200 CORAOPOLIS, Pa. — Dick's Sporting Goods on Tuesday reported disappointing holiday sales numbers in part due to weak demand for one-time hot brands like Under Armour. The company's CEO also said recent changes to its firearm policies, ending the sale of guns to anyone under 21, will hurt future sales and may cause fewer shoppers to come to its stores. Last month, Dick's stepped into the national spotlight when, in the aftermath of a school massacre in Parkland, Florida, it banned the sale of assault-style rifles and the sale of all guns to anyone under 21. Other retailers followed suit, including Walmart, which also raised its minimum age rules for firearms. Sales fell 2 percent at established stores during the fourth quarter, which was about double the decline that Wall Street was expecting. Industry analysts watch that figure closely as a barometer of a retailer's health as it excludes the volatility of stores recently opened or closed. To try and improve sales, CEO Edward Stack said the company will give more store space to its private-label brands, such as Second Skin workout apparel. Its store brands are growing faster than others, and Stack expects them to surpass $2 billion in sales in a "short period of time," but did not give an exact time for that to happen. Stack said that the company's new firearms policy "is not going to be positive from a traffic standpoint and a sales standpoint." Dick's expects full-year earnings of about $2.80 to $3 per share. Analysts polled by FactSet predict $2.79 per share. For the period ended Feb. 3, Dick's Sporting Goods Inc. earned $116 million, or $1.11 per share. A year earlier the company, based just outside of Pittsburgh in Coraopolis, Pennsylvania, earned $90.2 million, or 81 cents per share. Excluding certain items, earnings were $1.22 per share. That's 2 cents better than analysts expected, according to a survey by Zacks Investment Research. Revenue rose to $2.66 billion, from $2.48 billion, with online sales up about 9 percent. But that was still shy of Wall Street projections for $2.73 billion. Shares of Dick's Sporting Goods Inc. ended Tuesday up 32 cents, or about 1 percent, at $32.88 after dipping to $29.53 earlier in the day. https://www.denverpost.com/2018/03/13/dicks-sporting-goods-gun- age-will-impact-sales/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 12:04PM +0200 "If I could have put the N.R.A. out of business, I would have done it 20 years ago," Gov. Andrew M. Cuomo of New York said of the National Rifle Association. The two sides are locked in a legal battle in federal court.CreditCreditChang W. Lee/The New York Times The long-running battle between Gov. Andrew M. Cuomo of New York and the National Rifle Association, which says it has lost millions of dollars because of state officials' political agenda, entered another round of legal wrangling and public posturing this week. Mr. Cuomo announced on Friday that the state was moving to dismiss a lawsuit the N.R.A. filed in federal court in May, which he called "frivolous." The lawsuit, which accused state officials of "blacklisting" the gun rights organization, was amended with sharper language last month. At issue is whether New York regulators violated the constitutional rights of the N.R.A. by preventing financial institutions and insurers in the state from doing business with the organization. In the lawsuit, the N.R.A. accused Mr. Cuomo, as well as the New York State Department of Financial Services and its superintendent, Maria T. Vullo, of discrimination that violated the organization's right to free speech. Last month's amended complaint included more details about how state regulators have squeezed the organization. The N.R.A. said officials had discouraged banks and insurers, including Lockton Companies and Chubb Group Holdings, from working with it. If insurers remain wary, the organization said, it could be forced to shut down some of its programs, such as its online video channel, NRATV. "Defendants' conduct indeed shocks the conscience," the complaint said. Mr. Cuomo's response on Friday was terse: "If I could have put the N.R.A. out of business, I would have done it 20 years ago." While the complaint said the N.R.A. had "suffered tens of millions of dollars in damages" because of New York State officials, it did not make specific claims about the organization's current financial standing. Much of the argument revolves around Carry Guard, an insurance program started by the N.R.A. last year that was meant to cover legal fees for people who fired a weapon in self-defense. New York financial regulators began investigating the program in October. That investigation was continuing when a gunman killed 17 people at Marjory Stoneman Douglas High School in Parkland, Fla., in February. Survivors of the shooting have led protests in support of stricter gun control. Politicians have voiced their support, including Mr. Cuomo, who stretched out on a sidewalk to participate in a "die-in" with students in Lower Manhattan in March. Several businesses including car rental services, airlines, technology companies and insurers announced that they were cutting ties with the N.R.A. Three months after the Parkland shooting, the Department of Financial Services announced that Lockton and an affiliate would pay a fine of $7 million while Chubb and a subsidiary would pay $1.3 million for underwriting Carry Guard. According to the department, the program "unlawfully provided liability insurance to gun owners for acts of intentional wrongdoing." Days later, the N.R.A. filed its initial complaint, arguing that the state's aims went far beyond its opposition to Carry Guard. "From the outset, it was clear that the investigation was meant to advance Cuomo's political agenda by stifling the N.R.A.'s speech and retaliating against the N.R.A. based on its viewpoint on gun control issues," it said, claiming that its constitutional rights had been violated through conspiracy and implicit censorship. Last month's amendments added two more accusations: that state officials had interfered with potential revenue and that they had violated the N.R.A.'s freedom of association. "Defendants seek to silence one of America's oldest constitutional rights advocates," it said. "If their abuses are not enjoined, they will soon, substantially, succeed." In announcing the filing to dismiss the suit, Mr. Cuomo said that "while the N.R.A. tries to play the victim, New York stands with the real victims — the thousands of people whose lives are cut short by gun violence every year." The N.R.A. is a staunch, sometimes incendiary defender of the Second Amendment with a long record of hobbling regulatory efforts, grading legislators on their voting histories and running ads suggesting that the rights of gun owners are forever under siege. During the 2016 presidential election cycle, the N.R.A. spent $20 million to persuade voters to reject Hillary Clinton and another $11 million in support of Donald J. Trump. Public records from that year showed that the organization's expenses exceeded revenues by about $46 million. Donations to the organization spiked after the Parkland shooting, according to records from the Federal Election Commission. William Brewer, a partner at Brewer, Attorneys & Counselors who is lead counsel in the organization's lawsuit against the New York officials, said on Saturday that the N.R.A. is growing and "in good financial standing." "However, the conduct of defendants, from the home state of the N.R.A., now threaten the financial growth and overall trajectory of the organization," he said. On Saturday afternoon, Mr. Cuomo doubled down in his opposition to Carry Guard, announcing a "national effort urging states across the country to follow New York's lead and outlaw" the insurance program. "At a time when Washington has completely abdicated its responsibility to protect the American people, states must lead," he said in a statement. https://www.nytimes.com/2018/08/04/nyregion/nra-broke-financial- lawsuit.html |
"Gene Poole" <gp@dont-email.me>: Sep 27 11:42AM +0200 A national group that supports more gun regulation is backing Columbus as it fights a lawsuit from gun-rights groups that sued the city over firearms restrictions enacted this year. Everytown for Gun Safety, co-founded by former New York mayor Michael Bloomberg, will provide free legal assistance to the city as it defends the new regulations in Franklin County Common Pleas Court. It will serve as co-counsel on the case, according to a news release. "Everytown is well known for their commitment to working to reduce gun violence in communities all across America. Their offer to join our team on a pro bono basis will help us best utilize all available resources as we work to vigorously defend the laws we carefully crafted just a few months ago. We welcome their support and look forward to working hand in hand with their team," City Attorney Zach Klein, a Democrat, said in a statement. Ohioans for Concealed Carry and the Buckeye Firearms Foundation sued Columbus last week, saying the city overstepped its home- rule powers when it created ordinances violating state law that requires uniform laws across the state to regulate guns. City officials have said they believe their ordinances do not fit under the state's so-called pre-emption law. Ohioans for Concealed Carry and Buckeye Firearms specifically challenged the city's ban on bump stocks, which convert semiautomatic weapons into near-full automatic fire, and an ordinance that made carrying a gun while under disability a misdemeanor. Those two pieces were part of a broader package of gun regulations city officials said would help curb violence in Columbus, which set a new record in 2017 with 143 homicides. Most of those were committed with guns. "If Bloomberg's group wishes to save the taxpayers of Columbus money in this lawsuit, that is certainly their right," said Chuck LaRosa, a director with Ohioans for Concealed Carry. Judge David E. Cain also granted a motion this week for Ohio Attorney General Mike DeWine, a Republican, to join the gun- rights groups in their lawsuit. http://www.dispatch.com/news/20180629/group-tied-to-bloomberg- helping-city-fight-gun-regulations-lawsuit |
"Gene Poole" <gp@dont-email.me>: Sep 27 11:32AM +0200 American denim giant Levi Strauss & Co. announced Tuesday that it is launching a series of new initiatives to benefit groups working to prevent gun violence. Levi Strauss's CEO and President Chip Bergh wrote in Fortune on Tuesday that the company "simply cannot stand by silently when it comes to issues that threaten the very fabric of the communities where we live and work." "You may wonder why a company that doesn't manufacture or sell guns is wading into this issue, but for us, it's simple," Bergh wrote. "Americans shouldn't have to live in fear of gun violence. It's an issue that affects all of us — all generations and all walks of life." Bergh said it was his responsibility to speak up for important issues since he leads a "values-drive company that's known the world over as a pioneer of the American West and one of the great symbols of American freedom." He added that he is not advocating to repeal the 2nd Amendment nor calling gun owners irresponsible. "We can't insulate ourselves from every threat," Bergh wrote. "We can't 'harden' every place we gather — whether it be our schools, workplaces, shops, churches, or entertainment venues. But we can take common-sense, measurable steps — like criminal background checks on all gun sales — that will save lives." Levi's, therefore, announced a new three-tiered initiative to support gun violence prevention. The company will donate more than $1 million over the next four years to nonprofits and youth activists that work to end gun violence, establishing the "Safer Tomorrow Fund." The blue jean manufacturer also partnered with gun control group Everytown for Gun Safety and other executives to form Everytown Business Leaders for Gun Safety. Bergh called the group a coalition of business leaders who "believe, as we do, that business has a critical role to play in and a moral obligation to do something about the gun violence epidemic in this country." Levi's will also double all donations made by their employees to the Safer Tomorrow Fund. Bergh acknowledged that the decision to advocate for gun control is a controversial one. "While taking a stand can be unpopular with some, doing nothing is no longer an option," he wrote. http://thehill.com/business-a-lobbying/404902-levis-teams-up- with-gun-control-group-we-simply-cannot-stand-by-silently |
"Gene Poole" <gp@dont-email.me>: Sep 27 11:32AM +0200 On the heels of YouTube shutting down Brownells' channel in America, a stranger story has emerged on the other side of the Atlantic. It seems as if police in the United Kingdom have pressured gun blogger Calum Long-Collins into disbanding his YouTube channel. Long-Collins, who had 15,000 followers and had garnered more than 15 million views over the past few years, said he shut down his site after authorities marked his work as a "forum of extremism" and he was going to have to "show the police that I am a fit character to own firearms within the U.K." Long-Collins posted a farewell video—well, one more that will present a montage of highlights from his video archives is yet to be posted—in which he discussed the factors leading up to his decision. The dispute isn't new. It was about two years in the making, finally coming to its denouement when Long-Collins voluntarily decided to end his posts. Two years ago, the blogger lost his firearm licenses after someone make an unfounded accusation against him. The allegations proved false and he was again granted his right to own firearms, but investigators dug us "suspect" videos. When those concerns were brought to light, Long-Collins says in his farewell video, he tried "to change the direction" of the content on his channel. "Unfortunately, I've failed to bring the channel and the videos to the standard that the police feel is adequate and I only have myself to blame for this." https://www.americas1stfreedom.org/articles/2018/6/14/british- youtube-gun-channel-goes-dark/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 11:07AM +0200 The National Rifle Association on Friday sued the state of New York for fining and coercing financial institutions until they severed their connections to the gun-rights group. Governor Andrew Cuomo and the Department of Financial Services, the state financial regulatory agency, engaged in a "blacklisting campaign" against banks and insurance companies who did business with the NRA, infringing upon the group's constitutional right to "speak freely about gun-related issues and defend the Second Amendment," the lawsuit alleges. The NRA presented as evidence an April letter from Maria Vullo, the DFS's superintendent, warning banks under her purview about the "reputational risk" of doing business with gun-rights groups. The state also pressured the companies behind the scenes, the group claims. "Directed by Governor Andrew Cuomo, this campaign involves selective prosecution, backroom exhortations, and public threats with a singular goal—to deprive the NRA and its constituents of their First Amendment right to speak freely about gun-related issues and defend the Second Amendment," the complaint states. "Simply put, Defendants made it clear to banks and insurers that it is bad business in New York to do business with the NRA." Insurance companies Lockton and Chubb cut the NRA loose after New York imposed $7 million and $1.3 million fines on them, respectively, for insuring the NRA's Carry Guard program, the NRA says. The DFS said it fined Chubb for "unlawfully providing liability insurance to gun owners for acts of intentional wrongdoing." The "viewpoint-based discrimination campaign" convinced the financial institutions to accept deals with the regulatory agency that require them to terminate business with the NRA in New York and elsewhere, the NRA said, costing the gun-rights group tens of millions of dollars. "The orders prohibit lawful commercial speech for no reason other than that it carries the NRA brand," the suit says. The fines were the "culmination of years of political activism by Cuomo against the NRA and gun rights organizations," one lawyer for the gun-rights group stated. COMMENTS Governor Cuomo called the suit "frivolous," and "a futile and desperate attempt to advance its dangerous agenda to sell more guns." The lawsuit was filed in the U.S. District Court for the Northern District of New York. https://www.nationalreview.com/news/nra-sues-new-york-over- threats-against-financial-institutions-doing-business-with-group/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 11:02AM +0200 This week the nation was subjected to an embarrassing and undignified spectacle of obstructionist partisan politics surrounding the confirmation hearings of Judge Brett M. Kavanaugh for the U.S. Supreme Court. The Democrat caucus, understanding that Judge Kavanaugh is an eminently qualified jurist with an upstanding reputation and that the votes likely exist to confirm him, abandoned the norms of the Senate and of civility and resorted to childish and temperamental theatrics. This included talking out of order and over their colleagues, including Judiciary Committee Chairman Chuck Grassley; encouraging disruptive and illegal protests in the gallery; and holding up large posters to distract the Judge as he answered committee members' questions. But while such demonstrations are merely obnoxious and juvenile, the more serious affront arose from committee members who were either too ignorant or too dishonest to accurately articulate the law and the facts in their exchanges with Judge Kavanaugh. Case in point: arch anti-gun Senator Dianne Feinstein, who grossly exaggerated the criminal use of semi-automatic rifles and mischaracterized the Supreme Court's Second Amendment precedent to attack the nominee for failing to embrace her political position on gun control. The exchange came on day two of the proceedings, with Democrats becoming increasingly frustrated at their inability to ruffle Judge Kavanaugh or mount any effective resistance to his confirmation. Senator Feinstein began by reminding the audience that her office wrote the federal "assault weapon" ban that was in effect from 1994 to 2004. It's notable that her first misstatement of law concerned her own legislation. According to her, the law "essentially prohibited the transfer, sale, and manufacture of assault weapons. It did not at the time affect possession." That is plainly untrue. The law did, in fact, ban possession of the controlled firearms (see page 201 of this link). The law did not apply to firearms that had been lawfully obtained before the law's effective date, but that clause operated as an "affirmative defense" that put the burden on the accused of raising the issue at trial. Simply put, anyone found in possession of a firearm described in the Act was presumptively in violation of the law and susceptible to federal felony penalties. To her credit. Senator Feinstein at least hedged her next false statement by couching it as a "belief," rather than outright assertion of fact. "I happen to believe that [the federal "assault weapon" ban] did work and that it was important," she said. Unfortunately for her, there is no credible evidence to this effect. Two government funded studies of the law's effects in fact found it had no measurable impact on violent crime. More recently, a survey of gun control laws by the Rand Corporation found that the only perceptible effect of assault weapons bans generally is perhaps a short-term increase in the price of assault weapons; that in itself does not establish any beneficial crime reduction effect, however. Feinstein next took issue with a dissent that Judge Kavanaugh had written in a case that upheld a D.C. "assault weapon" ban similar to the expired federal law. Specifically, she chided him for finding the firearms were "in common use" and therefore protected under the Supreme Court's Second Amendment precedent. "Assault weapons are not in common use," Feinstein said. Not only is that assertion not true, it's the opposite of the truth. The types of firearms covered by both Feinstein's now expired legislation and the current D.C. ban include the most popular rifles in modern America, including the iconic AR-15. According to figures compiled by the National Shooting Sports Foundation for litigation launched in 2013, nearly 4.8 million AR platform rifles were manufactured in the U.S. between 1990 and 2012, and more than 3.4 million AR and AK platform rifles were imported during that timeframe. The number of AR-15s manufactured in 2012 was double the number of Ford F-150 pick-up trucks sold– the most commonly sold vehicle in the U.S. Approximately 5 million people in the U.S. own at least one modern semiautomatic rifle that would be covered by the Feinstein/D.C. bans and such rifles make up 20.3% of all retail firearms sales and are sold by 92.5% of retail firearm dealers. Even media outlets that support "assault weapon" bans acknowledge that the firearm those bans most specifically target – the AR-15 – is "America's rifle." And the popularity of the AR- 15 actually increased after NSSF compiled these figures, likely to the tune of millions of new owners. Meanwhile, rifles of any type – whether or not they would be included in the Feinstein/D.C. "assault weapon" bans – are used far less often in murders than handguns, which overwhelmingly remain the gun of choice for violent criminals. In fact, they are used far less often, according to FBI statistics, than "personal weapons" like "hands, fists, and feet." Yet even though AR-15s and the like are by all accounts America's most popular rifle, Dianne Feinstein insisted during the hearing that numbers alone do not determine "common use." "Common use is an activity," she said. "It's not common storage or possession, it's use. So what you said is these weapons are commonly used. They're not." This ridiculous hairsplitting is, of course, contrary to both common sense and English usage. Common items are routinely said to be "in use" for a purpose whether or not that involves active manipulation of the item at any given time. Police "use" firearms to keep the peace, even when they're not pointing or firing them at criminal suspects. Schools "use" fire extinguishers as part of a general safety plan, whether or not someone is actively putting out a fire with them. Drivers "use" seatbelts to safeguard against injuries, even when they're not actually colliding with other vehicles or objects. And AR-15s and similar firearms are "used" by Americans to protect their homes and loved ones, even when they are providing a deterrent and not actually being actively employed. As Judge Kavanaugh very patiently explained, the prevalence of so-called "assault weapons" in millions of American homes establishes they are in "common use." He went on to detail how that phrase was used by the Supreme Court to distinguish Second Amendment protected arms from the sorts of "dangerous and unusual weapons" that are beyond the Amendment's scope (see p. 55 of this link). A firearm owned by many millions of Americans may be potentially "dangerous," he noted, but it is in no way "unusual" and therefore cannot be said, under the letter of the Supreme Court's prior Second Amendment cases, to be unprotected by that provision. Responding to Judge Kavanaugh's own profession of concern about firearm-related crime, Feinstein then asked him, "How do you reconcile what you just said with the hundreds of school shootings using assault weapons that have taken place in recent history? How do you reconcile that?" Feinstein's question (which was actually more of an accusation that Judge Kavanaugh is oblivious to the toll of firearm-related crime) was again based on a false premise. There have not been "hundreds and hundreds of school shootings" in recent history, much less hundreds using "assault weapons." Even National Public Radio has acknowledged that the number of school shootings has been vastly overstated, including in figures published by the U.S. government. And not only are AR-15 and other supposed "assault weapons" rarely used by common criminals, they are not even the first choice of mass shooters, having been used far less often than handguns. Judge Kavanaugh has repeatedly said during this week's hearings that he considers himself bound by Supreme Court precedent as an appellate judge, whether he likes it or not. So it's perfectly consistent that he could be horrified by firearm-related crime but still recognize that lawmakers have to find ways to address it other than trampling on the Second Amendment rights of law- abiding Americans. Justice Scalia said as much when he wrote the Heller opinion, acknowledging the problem of handgun-related crime but asserting the Constitution takes certain policy choices – like banning the firearms Americans overwhelmingly choose for their own defense – "off the table." That doesn't show a lack of empathy but a commitment to the rule of law. Fortunately, the Democrats' unseemly theatrics and shaky claims have merely provided an even sharper contrast for Judge Kavanaugh's own dedication to and mastery of the law, as well as his intellect and composure. There has been very little in the proceedings that will burnish the reputation of the Senate's minority party. But Americans can at least take heart that President Trump is working diligently to preserve the competence, effectiveness, and integrity of the federal judiciary and of the U.S. Supreme Court in particular. https://www.nraila.org/articles/20180907/anti-gun-senator- distorts-the-law-and-the-facts-in-unsuccessful-attack-on-supreme- court-nominee |
"Gene Poole" <gp@dont-email.me>: Sep 27 11:02AM +0200 Left-wing activist David Hogg made a fool out of himself in Canada late last week while joining leftist Michael Moore for the premiere of his anti-Trump propaganda film "Fahrenheit 11/9." Appearing on stage with Moore at the Toronto International Film Festival, Hogg spoke to the Canadian crowd about saving America and turning their "shame" into "votes." "I have a question for you guys: Who's ready to save America? Who's ready to make America the country we say it is on paper and make it the actual country that it wants to be?," Hogg asked the Canadian crowd. "I think the most important thing to realize, however, is the problems we face as a country, whether it be water in Flint, Michigan or the amount of mass incarceration of people of color that can't vote." Hogg continued by suggesting that Canadians can donate money to political campaigns in the United States, which is a felony. After making the embarrassing remarks, Moore took the microphone away from Hogg. Nearly ten minutes later, Hogg was briefly allowed to speak again. He called out to the IRS, which he hoped was watching him speak, and asked them to investigate President Donald Trump for getting "$30 million from Russia via the NRA." Hogg, who has a tenuous relationship with the truth, has repeatedly spread this lie which he seems to have come up with on his own: David Hogg ? @davidhogg111 Russia used the NRA to give Trump $30 million Russia used the NRA to give Trump $30 million Russia used the NRA to give Trump $30 million Russia used the NRA to give Trump $30 million Russia used the NRA to give Trump $30 million #NRAgate RT this so everyone knows 10:10 AM - Jul 17, 2018 122K 78.8K people are talking about this Twitter Ads info and privacy The truth is the NRA allegedly received $2,500 from a few people with Russian addresses over the course of a couple of years. Even CNN reports that "it's not illegal for the NRA to accept contributions from foreign donors," unless it were to use that money for "electioneering purposes." https://www.dailywire.com/news/35640/watch-david-hogg-makes-fool- himself-canada-michael-ryan- saavedra?utm_medium=referral &utm_source=idealmedia&utm_c ampaign=dailywire.com&utm_term=69017&utm_content=2288305 |
"Gene Poole" <gp@dont-email.me>: Sep 27 10:40AM +0200 Mike Bloomberg is mulling another run for president — but as a Democrat, sources close to the former three-term mayor said. If he takes the plunge, Bloomberg would be 78 when he's competing in Democratic primaries across the nation. Last week, he said he would pump $80 million of his vast personal fortune to aid Democrats in the congressional midterm elections this year. "That's an indication of where his head is at," a Bloomberg insider said Tuesday. Bloomberg himself hinted at his thinking on June 6, when he was honored at a YMCA fundraiser at Cipriani 42nd Street. At the end of his speech Bloomberg told the 500 guests, "Before you leave I want to get your cellphone number because I'm thinking of getting the band back together," said one source. The well-heeled attendees erupted into thunderous applause, believing Bloomberg was telegraphing his interest in taking on President Donald Trump. Bloomberg, 76, considered making a bid for the presidency in 2016 as an independent. But he ultimately decided not to run, concluding that he could not win on a third-party line. Bloomberg endorsed Democrat Hillary Clinton in 2016, even delivering a prime-time speech at the Democratic National Convention trashing Trump. Although elected on the Republican line, Bloomberg is closer to Democrats on key issues — gun control, taxes, infrastructure and climate change. Bloomberg did not mince words on what he thought of Trump in his DNC speech two years ago. "Throughout his career, Trump has left behind a well-documented record of bankruptcies, thousands of lawsuits, angry shareholders, and contractors who feel cheated, and disillusioned customers who feel ripped off. Trump says he wants to run the nation like he's run his business. God help us. I'm a New Yorker, and New Yorkers know a con when we see one," he said. But Trump got the last laugh — he won. https://nypost.com/2018/06/26/bloomberg-considering-run-for- president-as-a-democrat/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 10:40AM +0200 One can imagine similar actions targeting Planned Parenthood, tobacco companies, or even rival political campaigns. The National Rifle Association announced May 11 that it has filed suit against the New York State Department of Financial Services; its superintendent, Maria T. Vullo; and the state's governor, Andrew Cuomo, alleging the state and its agents violated the NRA's First Amendment rights in a recent regulatory ruling. I will leave to constitutional scholars to debate the First Amendment question. But in terms of regulating the business of insurance in an effective, efficient, and nonpoliticized manner — a topic about which I am the author of an annual report — the department's behavior sets a dangerous precedent that should trouble citizens across the political spectrum. The lawsuit stems from settlements the DFS reached earlier this month with Kansas City–based insurance broker Lockton Cos. and underwriter Chubb Ltd. The companies were fined $7 million and $1.3 million, respectively, in connection with alleged violations of New York insurance law. The purported wrongdoing stemmed from Lockton's work as broker for the NRA's "Carry Guard" insurance program, which provides liability insurance to NRA members for firearm-related accidents and for legal costs in self-defense cases. The charges against Lockton varied from the technical to the flimsy to the picayune, but they all give the appearance of pretext for what the department was actually seeking, and got: a consent decree in which the broker agrees "not to participate in the Carry Guard Program, any similar programs, or any other NRA- endorsed programs with regard to New York State." In fact, Lockton had already cut ties with the NRA, one of a number of corporate partners to do so in the wake of the mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla. But the Department of Financial Services has made clear its willingness to pressure other firms to do the same. In an April letter from Vullo to the state's banks and insurance companies, she wrote that the department "encourages its chartered and licensed financial institutions to continue evaluating and managing their risks, including reputational risks, that may arise from their dealings with the NRA or similar gun promotion organizations." Ironically, we have simultaneously seen recent legislative efforts by some gun-control advocates, including in the general assembly of neighboring Connecticut, to actually require gun owners to maintain liability insurance. The type of coverage usually envisioned by such proposals, which would compensate the victims of offensive uses of firearms, is unlikely ever to come to market, as intentional acts are generally agreed to be uninsurable. But as a result of the New York regulator's action, one expects a chilling effect that would cause insurers to withdraw from offering even the more limited coverage included in the NRA program, or in many homeowners insurance policies. Indeed, Lloyd's of London, the world's largest market for hard- to-place risks, has responded by directing its underwriters "to terminate any existing programs of this type and not to enter into any new ones," with specific reference to concerns about the New York DFS inquiry into "programs offered, marketed, endorsed or otherwise made available through the National Rifle Association of America." The Lloyd's decision was a feature, not a bug, of the department's action. The goal pretty clearly was to use the regulator's office, which is supposed to apply impartial, technocratic rules to see to it that insurance companies responsibly and competently manage their underwriting and investment risks and that they deal with consumers in good faith, to achieve political ends. This temptation is not unique to the political Left. In early 2015, Oklahoma insurance commissioner John Doak issued a warning shot to property insurers in the state who might seek to invoke exclusions for "manmade" earthquakes stemming from oil and gas exploration. Despite strong evidence that deep-well injections play a role in the thousands of earthquakes Oklahoma experiences every year, Doak asserted there was "no agreement at a scientific or governmental level concerning any connection between injection wells or fracking and 'earthquakes.'" Seeing regulators open this Pandora's box should be deeply concerning to those on both the right and the left. One easily could imagine similar motivated prosecutions of financial- services firms that do business with Planned Parenthood, tobacco companies, tech firms, the solar industry, or even the political campaigns of rival parties. The precedent set by these blatantly political regulatory actions undermines not only the insurance market, but the rule of law. https://www.nationalreview.com/2018/06/new-york-lawsuit-against- nra-sets-dangerous-precedent/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 10:34AM +0200 The past few months have left gun owners enraged about how frequently and casually they're villainized. Dallas, Texas — A video shown twice before the main speeches at the NRA's annual meeting mocked CNN's "this is an apple" commercial. "This is a lemon," the announcer declared. (It is unlikely that it is a coincidence that the choice of produce is the surname of a CNN anchor.) "Yes, some people might try to tell you that this is a journalist. They might even scream 'journalist,' 'journalist,' 'journalist,' over and over again. They might put journalists in all-caps . . . but this is a lemon." The joke worked on three levels, and the gathered gun owners chuckled throughout. In a subsequent video, NRATV host and former U.S. Secret Service agent Dan Bongino silently made lemonade out of some lemons, generating another round of laughter. "When they give you lemons, we give you the truth," the video promises. It's unsurprising that the national news media would be a frequent and favorite target of the speakers at the NRA's annual meeting — particularly the regular critics of media such as Chris Cox, Wayne LaPierre, and Donald Trump. But even the comparatively buttoned-down Vice President Mike Pence spoke at length about his objections to the mass media's coverage of firearms and those who own them. "The media are working an agenda that is very different from most of us in this room," Pence said. "They won't tell the whole story of firearms in America. They focus on the tragedies and heartbreak — and well they should — but many in the national media ignore when well-trained, law-abiding gun owners save lives. It's the truth." Pence spoke of armed citizens who intervened and prevented tragedies at an Atlanta party, a Philadelphia barber shop, and on a Chicago street. "I'm calling on the national media to start telling the whole story to the American people about firearms," Pence said to applause. "It's time the national media gave as much attention to our heroes as much as they give to our villains." Criticism of the media has always been a theme of the speeches at the NRA's gathering, but this year felt like it could easily have been co-produced by L. Brent Bozell's Media Research Center. Even by the standards of the never-smooth relationship between the NRA and the national media, the past few months have left gun owners enraged about how frequently and casually they're villainized, and how openly gun-control advocates have been exalted. Much of this change in the media's coverage of gun rights stemmed from the emergence of pro-gun-control students who survived the Parkland shooting. CNN was always a favorite target of speakers at NRA events, but its recent coverage added fuel to the fire. The prime-time "town hall meeting" CNN put on just days after the shooting represented a particularly embarrassing hour for the network, in which the furious demonization of NRATV Dana Loesch went unchecked while Broward County Sheriff Scott Israel — whose department handled the situation about as badly as is imaginable — was given the stage to lecture Loesch: "You are not standing up for [these students] until you say, 'I want less weapons.'" It was shameless and deft responsibility-shifting on the sheriff's part, and CNN let it go unchallenged. (After several days, in perhaps the journalistic equivalent of a referee's make- up call, CNN subjected Israel to more critical coverage and much tougher interviews.) The emergence of the Parkland students provided the national media with what was ostensibly an emotional human-interest story — here's a young student who's endured a terrifying event, listen to how that experience affected him — and it quickly turned into an opportunity for scathing, often unfair criticisms of gun owners and the NRA. David Hogg quickly became a go-to source for comments that programs, magazines, and newspapers would never print or broadcast in other contexts. In one particularly angry interview, Hogg called the NRA, "pathetic f***ers that want to keep killing our children," and claimed GOP lawmakers "could have blood from children splattered all over their faces and they wouldn't take action, because they all still see these dollar signs." For better or worse, CNN's media reporter, Brian Stelter, admitted in a late March interview with S. E. Cupp that he simply couldn't bring himself to correct David Hogg when he appeared on Stelter's program. "There were a few times I wanted to jump in and say, 'Let's correct that fact.' And at one of the times I did and other times I did not," Stelter said. "There's always that balance, how many times you're going to interrupt." Almost every speaker at the convention mentioned longtime NRA member Stephen Willeford, who exchanged fire with a mass shooter outside the First Baptist Church in Sutherland Springs, Texas, and helped chase him down in November 2017. NRA members fairly ask why they're considered morally culpable for the horrific actions of mass shooters, but the virtues of heroic NRA members are not worthy of comparable discussion. For the NRA and many of its members, no real conversation about our gun laws can begin until the national media acknowledge that their past coverage has been one-sided and they begin to paint a more accurate picture of America's gun owners. The NRA enjoyed a lot of legislative successes in the past decade or so, but perhaps the organization wonders how secure those legislative or political victories are in a media environment like the current one. The media largely shrugged at Connecticut governor Dannel Malloy repeatedly insisting that the NRA has "in essence become a terrorist organization," and Newsweek thought the most newsworthy angle about a defaced billboard declaring "kill the NRA" is that "the gun lobby is freaking out about it." COMMENTS For all of the glowing coverage of the Parkland students, and the bold declarations that they "changed the gun debate," there's some evidence that their arguments had little lasting impact: In the more than two months since that shooting, HuffPost and YouGov have conducted five surveys tracking Americans' views on guns. The results show a burst of support for gun reform in the two weeks after the shooting, followed by a gradual reversion to the mean. Once-heightened concerns about gun violence have tapered back to previous levels, as has a desire for stricter gun laws and a belief that gun restrictions can be passed without violating Second Amendment rights. Florida's legislature and Governor Rick Scott raised the age to purchase any firearm to 21, and several states passed "red flag" gun laws that allow a judge to temporarily seize guns from someone who might pose a danger to themselves or others. But there's been little movement on the bigger priorities of gun- control advocates — an assault-weapons ban or more restrictions on concealed-carry permits. There's little question that most media organizations tossed away traditional notions of objectivity and fairness when it came to covering the gun issue after Parkland. They now must ask themselves whether it was worth it. "There's never been a worse time to be a member of the mainstream media," Cox declared to roaring applause. Members of the national media may dispute that, but they obtained this deep- rooted distrust and enmity the old-fashioned way: They earned it. https://www.nationalreview.com/2018/05/nra-convention-media- criticism-gun-owners-enraged-at-being-villianized/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 10:11AM +0200 Education administrators in Alabama have another option to stop a school shooting, now that Gov. Kay Ivey has signed an executive memo authorizing the storage of firearms in a safe on campus. There are stipulations, but the state is moving to create new approaches for dealing with the threat of school shootings. Ivey's memo mandates that any administrator who wants to take advantage of the offer must have a concealed-carry permit, must undergo firearm training, must submit to random drug tests, must be sworn in as deputy sheriff and must work at a school without a school resource officer. The guns and ammunition must be kept in a biometric safe and should be retrieved only in the event of an armed attack. Ivey acted on her own, rather than waiting for the state Legislature—which convenes early next year—to address the concerns regarding school safety, because, "With the unfortunate continued occurrence of school violence across our country, we cannot afford to wait until the next legislative session." While Moms Demand Action railed against the action, an analyst with The Heritage Foundation pointed out that armed response can stop threats, or keep them from becoming worse. "Even in [Santa Fe, Texas], where 10 lives were tragically lost, the immediate response of armed school resource officers prevented the situation from becoming much worse," said Amy Swearer, a legal policy analyst at The Heritage Foundation. She also called this a more financially viable option than requiring school districts to hire more school resource officers. https://www.americas1stfreedom.org/articles/2018/6/13/alabama- schools-can-keep-guns-at-the-ready/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 10:11AM +0200 Iowa state representatives are debating House Joint Resolution 13, which would add the right to keep and bear arms to the state constitution. Should the resolution's wording be adopted as is, it would require "strict scrutiny" as the judicial standard for any restrictions on the firearms freedom of Iowans. Louisiana, Missouri and Alabama are the three states that already apply the strict scrutiny standard for gun restrictions. The strict scrutiny standard means that when the matter goes before a court on a constitutional challenge, the state is held to the highest standards of justification for any limiting actions. Even if the state comes up with a compelling reason for a restrictive law, it has to structure the legislation as narrowly as possible. The anti-gunners, of course, will make their easily refutable stand saying that a state constitutional amendment means anybody and everybody will be able to get guns, or to quote a Barack Obama claim, that it will be easier to get a gun than to buy a book. But the fact is, the strict scrutiny standard still allows for the public safety measures, such as a law that says violent felons can't buy or possess firearms. For more on what the Iowa resolution means to firearms freedom in that state, go online to the NRA's Institute for Legislative Action page. https://www.americas1stfreedom.org/articles/2018/1/30/iowa-looks- to-add-gun-amendment-to-state-constitution/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 10:11AM +0200 There is no law in Washington state. On Friday, the Seattle Supreme Court — formerly the Washington State Supreme Court –killed it. The so-called justices killed the law because they are left-wing activist, arrogant, lying hacks. They hate guns, they hate gun owners, solely due to those factors they unanimously approved Initiative I-1639. The so-called court openly defied the clear and simple language of Washington state law. The so-called judges killed the law. This is a serious matter. If King County voters press I-1639 upon Washington state, gun owners will have a moral obligation to refuse to comply. We will not be breaking the law because, in Washington state, there is no law. Proof that it is literally impossible to contend I-1639 is legal The law says initiatives in our state must contain the clear, complete language of the proposed legislation. Here, in plain language, is the Secretary of State's website explaining that requirement. State law requires that petitions contain certain information, including the full text of the measure. This includes a ballot title and summary, written by either the Attorney General or a Superior Court judge, and other required information. The full text is usually printed on the back of the petition. Sometimes petition circulators attach the petitions to clip boards in order to make them easier to sign or easier for the circulator to handle. Sometimes the full petition or the full text of the proposal might be folded over or on the back. You should feel free to read any part of the petition that you think is necessary in order for you to make up your mind, even if that means unfolding it or removing it from a clip board. The billionaires behind I-1639 — at least two of whom apparently enjoy armed guards for themselves — didn't bother to put the full text of the measure on the initiatives people signed: it-is- not-there. That is not even questionable. There is the proposed law and there is what people signed: the two documents are-not- the-same. Here, used with the permission of WeTheGoverned.com, is the initiative people signed. The red ink indicates where the language has been altered, ignored or changed. This is-not-the- full-text of the measure. government Image created by 'We the Governed.com.' The so-called justices need to know this: You can kill the law but, in so doing, you kill the moral requirement to follow your diktat This is not a judicial ruling, it is a diktat. In openly defies the law. The Seattle Supreme Court has not only killed the law, they have handed the citizens of Washington state a moral obligation to ignore this diktat. The so-called justices may have power, but they have killed their standing as arbiters of the law. If I-1639 passes, most gun owners will defy it. We will say to the Seattle Supreme Court and the rest of the one-party apparatus of the state: "we are not breaking the law because there is no law–you killed it." http://mynorthwest.com/1091009/law-is-dead-in-washington-state-i- 1639-is-inarguably-illegal/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 10:00AM +0200 Did you know the Winchester 1903, a .22-caliber rifle that has a 10-round tube magazine, is a "semi-automatic assault rifle"? In fact, every semi-automatic rifle is a "semi-automatic assault rifle." So says Michael Bloomberg, and he is poised to turn his definition into law. The gun-banner epithet "assault weapon" has always been a deceit. Unlike other firearm terms—such as "handgun" or "bolt action"—the phrase "assault weapon" has never had a fixed meaning. Instead, the phrase is a euphemism for "as many firearms as we can restrict, based on current political conditions." Back in 1989, then-Sen. Dennis DeConcini, D-Ariz., introduced an "assault weapons" bill to ban only nine specific models of firearms. But that was what the prohibitionists call "a good first step." Now, Bloomberg and his allies are pushing an "assault rifle" ballot initiative in Washington state that would apply to every semi-automatic rifle in existence. Bloomberg and his spokespeople claim to support the Second Amendment, saying they simply oppose "assault weapons." But then they try to classify any semi-automatic rifle as an "assault weapon," regardless of caliber, magazine capacity or anything else. Gun-banners in nations such as Australia and Great Britain have already succeeded in outlawing all semi-automatic long guns. In the United States, a big step in that direction is this year's Washington state ballot measure 1639. Bloomberg and his spokespeople claim to support the Second Amendment, saying they simply oppose "assault weapons." But then they try to classify any semi-automatic rifle as an "assault weapon," regardless of caliber, magazine capacity or anything else. Under Bloomberg's proposed Washington law, semi-automatic rifles or handguns of any type would be subjected to onerous new restrictions and taxes, thus discouraging their possession and lawful use. One objective of the Bloomberg strategy is stigmatization of gun owners. Maybe you just bought a Benelli R1, or your father gave you his Ruger 10/22, or you cherish your great-grandfather's Remington 8. You, like all owners of semi-automatic rifles, are being stigmatized as an "assault rifle" owner—the kind of person who owns "weapons of war" that have no place in civil society. This spring, Bloomberg organized rallies all over the country to denounce people who own such "assault rifles." The hatred was palpable. Most of the people at those rallies knew almost nothing about firearms, and Bloomberg's employees worked hard to make them loathe you because you own a "semi-automatic assault rifle." The Washington state scheme provides context to Bloomberg's propaganda campaign, which employs boycotts, threats, libel and mob hysteria against anyone having anything to do with what they consider "assault rifles." Perhaps you thought that the hate groups were only talking about AR-15s, Mini-14s or other firearms invented in the past six decades. To the contrary—every semi-automatic rifle ever made, going all the way back to the first Winchester in 1903, is an "assault rifle," according to Bloomberg. The kind of people who hunt with them, collect them, sell them or make them are evil people who worship guns and don't care about children's lives. So say the mobs chanting the Bloomberg slogans. If the Washington proposal passes in November, individuals who wish to acquire a semi-automatic rifle will also have to waive the confidentiality of their medical records. The act of applying to purchase "shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase." The Bloomberg groups pushing the defamatory initiative call themselves "Safe Schools Safe Communities" and the "Alliance for Gun Responsibility." That's like a group that wants to restrict access to books calling itself the "Alliance for Literacy." The groups are funded by not only Bloomberg, but also by his billionaire allies, including former Microsoft Corp. executive Paul Allen. Under the Bloomberg proposal, nobody, of any age, could ever acquire a "semi-automatic assault rifle" (that is, any semi- automatic rifle) without first passing a gun safety course, the content of which would be controlled by the government. So if, for example, you have been a certified hunter-safety instructor for the last 25 years, that still isn't good enough. You can't even borrow a semi-automatic rifle without first enrolling in and passing the government-controlled class at least every five years. Further, no semi-automatic rifle sales or loans will be allowed without prior permission from the local police chief or sheriff. In Washington, such permission has historically been required for handguns, but not for long guns. If background check records are incomplete, local officials can place a 30-day hold on the sale, and that hold can be renewed indefinitely by a court. There is no specific requirement that the person subject to the hold be notified or have an opportunity to present his or her side of the case to the judge. Under current law, those visiting Washington can purchase long guns. But the Bloomberg initiative would forbid them from purchasing semi-automatic rifles. Also under the Bloomberg initiative, law enforcement would be required to keep detailed registration records, including the serial number, make and model of every semi-automatic rifle that is sold or lent with their authorization, as well as information about the buyer. As experience demonstrates, registration records collected in one year can then be used for confiscation in future years. That's precisely what occurred in Australia, whose gun control scheme is often touted by gun prohibition lobbies as the model we should be following. The national gun confiscation law in Australia was introduced shortly after the Australian anti-gun lobbies had succeeded in imposing gun registration in all Australian states. Think it can't happen in the United States? The same already has occurred in New York City. Long-gun registration there was enacted in 1967. Later, starting with Mayor David Dinkins and continuing ever since, the city's gun registration lists have been employed for gun confiscation. When Bloomberg was mayor, he oversaw the confiscation of all long guns that held more than five rounds—a list which included semi-automatics, as well as those with pump actions and other actions. If the Washington proposal passes in November, individuals who wish to acquire a semi-automatic rifle will also have to waive the confidentiality of their medical records. The act of applying to purchase "shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase." Handgun and semi-automatic rifle owners would be subject to continuing reverification of their eligibility to possess firearms. According to the initiative, the verification must take place "on an annual or more frequent basis." So at least once a year—and possibly many more times, according to the language of the initiative—the government could harvest and store the medical records of owners of handguns and semi- automatic rifles. To the contrary—every semi-automatic rifle ever made, going all the way back to the first Winchester in 1903, is an "assault rifle," according to Bloomberg. Suppose you promptly get permission from the local police or sheriff to purchase a handgun or semi-automatic rifle. You still can't take the gun home: There will be a minimum waiting period of 10 business days (that is, at least two full weeks, depending on holidays) before you are allowed to take possession of your gun. It's too bad if you're a stalking victim in need of immediate protection, or if you're a hunter who wants to replace a gun that broke in the middle of a hunting trip. If you're under 21, you might have to wait a lot longer, as Bloomberg is committed to eradicating the Second Amendment rights of young adults. His initiative would prohibit individuals 18 to 20 years of age from acquiring a semi- automatic rifle. Bloomberg's prohibitory rationale could also be applied to many other groups. For instance, males commit homicide at a much higher rate than do females, but that does not justify a gun ban for all males. The preamble to the Bloomberg initiative says, "Research indicates that the brain does not fully mature until a later age." The current scientific view is that full development of the prefrontal cortex is not completed until about the age of 25. So while Bloomberg currently aims to disarm 18- to 20-year- olds, his initiative actually sets the stage for limiting gun ownership to those over 25. Under Bloomberg's proposed plan, every semi-automatic rifle transfer would incur a $25 tax. This includes lending a semi- automatic to your brother-in-law for a weekend hunting trip. When your brother-in-law returns the rifle to you, there's another $25 tax. Worse, this tax is indexed to inflation, meaning it would automatically increase as the inflation rate does. The proceeds from this tax must then be used to administer the gun control program—for example, hiring employees to collect all new medical records about those who own handguns or semi- automatic rifles. Of course, gun stores can't provide services for free. When they conduct private transfers, as is now required in Washington state under a 2014 Bloomberg initiative, they charge fees for the time required to fill out all the paperwork. Consequently, the simple act of lending a firearm to a relative for the weekend and then having that firearm returned could easily cost $100 or more in taxes and fees. Under ballot measure 1639, gun stores would also be ordered to disseminate false anti-gun propaganda to firearm buyers. The language on an application form to buy a handgun or a semi- automatic rifle would state: "Caution: The presence of a firearm in the home has been associated with an increased risk of death to self and others, including an increased risk of suicide, death during domestic violence incidents, and unintentional deaths to children and others." It is true that in the homes of law-abiding citizens, firearms do increase "the risk of death … to others." Namely, it is the risk of death to home invaders, stalkers and other violent criminals. Social science studies do show that when a violent domestic abuser has access to a gun, the abuser is more likely to kill someone. But domestic abusers—even those who have been convicted of just a misdemeanor—are already prohibited from possessing a firearm. That has been federal law for more than two decades. The studies also show that in the home of a domestic violence victim, such as a woman who has escaped from an abuser, the presence of a firearm is not associated with criminal homicide. Under current Washington law, the application form for a handgun purchase includes the notification "that local laws and ordinances on firearms are pre-empted by state law and must be consistent with state law." This accurately informs gun owners about their legal rights. The Bloomberg initiative would eliminate that notification requirement. Of course, preventing gun owners from knowing their legal rights is a key strategy of the Bloomberg organizations. Under ballot measure 1639, gun stores would also be ordered to disseminate false anti-gun propaganda to firearm buyers. Because of the extremism of ballot measure 1639, Bloomberg's team has even illegally concealed the contents of the initiative from petition signers. In violation of Washington state law, the paid petition-gatherers did not allow signers to see the full text of the initiative, including the provision that would remove current language in state law. Even the website for Bloomberg's "Alliance for Gun Responsibility"—proponents of the measure—refuses to post the full text of the initiative. Instead, website visitors are merely offered an incomplete and deceptive summary of the initiative. There is no doubt that Bloomberg and other malefactors of great wealth will spend massively to fool Washington voters about what's really in the measure. And it is doubtful that most of the media will do a good job of fully informing the public. Yet it's possible to beat the 11th-richest man in the world if enough grassroots civil rights activists work hard to educate the public, including their friends and neighbors. In 2016, for example, the voters of Maine narrowly rejected a Bloomberg ballot measure. Ultimately, the side with the most money does not always win elections. The entire financial resources of the NRA are a pittance compared to Bloomberg's personal wealth of $50 billion, let alone the cumulative wealth of Bloomberg's network among the ultra-rich. Yet the NRA uses its limited resources effectively. If the NRA has what it needs to get the job done, it's possible that Bloomberg could be defeated in Washington. If not, then expect copies of the Washington law to be introduced all over the country, just as Bloomberg's previous victories in the far West have been used as models elsewhere. https://www.nraila.org/articles/20180901/sneak-attack-on- washington-state |
"Gene Poole" <gp@dont-email.me>: Sep 27 09:49AM +0200 We have recently been reporting on the bizarre anti-gun activism of one of the nation's larger firearm retailers, Dick's Sporting Goods and its affiliated Field & Stream stores. First, the company announced it would stop selling most centerfire semi- automatic rifles at its stores, carry only limited capacity magazines for semi-automatic guns, and ban firearm sales to certain legally eligible adults. It then took the further step of declaring it would destroy its inventory of the newly- restricted firearms at company expense. And if that weren't enough, the news also recently broke that the company had hired expensive D.C. lobbyists to push for gun control measures on Capitol Hill. Dick's, in other words, was positioning itself as a rising star in the field of corporate gun control activism, in obvious contradiction of its own financial interests. Now, however, the pro-gun community is parrying Dick's gun control thrust with their own countermeasures, while customers appear to be eschewing Dick's to search for bargains elsewhere. Last week, the Board of Governors of the National Shooting Sports Foundation (NSSF) – the trade association for the firearms, ammunition, hunting and shooting sports industries – voted unanimously to expel Dick's Sporting Goods from membership in the organization. While the NSSF noted it supports the rights of its members to make individual business decisions, it determined that Dick's new polices do not "reflect the reality of the vast majority of law-abiding gun owners" and constitute "conduct detrimental to the best interests of the Foundation." Law-abiding gun owners, the company added, "should not be penalized for the actions of criminals." Meanwhile, members of the firearms industry have also begun withdrawing their products from Dick's and Field & Stream outlets. First, Illinois-based Springfield Armory – maker of several lines of highly-popular rifles and pistols -- announced early this month that was "severing ties" with the two retailers. In announcing the decision, Springfield Armory stated, "we believe in the rights and principles fought for and secured by American patriots and our founding forefathers, without question." It concluded, "We will not accept Dick's Sporting Goods' continued attempts to deny Second Amendment freedoms to our fellow Americans." Iconic shotgun maker O.F. Mossberg & Sons followed up this week with its own announcement that it will "not accept any future orders from Dick's Sporting Goods or Field & Stream" and is "in the process of evaluating current contractual agreements." Mossberg's press release on the decision cited its own "staunch support[] of the U.S. Constitution and our Second Amendment right" and its disagreement with "Dick's Sporting Goods' recent anti-Second Amendment actions." MKS Supply, marketer of Hi-Point Firearms and Inland Manufacturing, LLC, has now become the latest supplier to cut off Dick's and Field & Stream. Its president, Charles Brown, justified the decision on the basis that "Dick's Sporting Goods and its subsidiary, Field & Stream, have shown themselves, in our opinion, to be no friend of Americans' Second Amendment." He went on to cite several "wrong" moves by Dick's in recent months, including "villainizing modern sporting rifles in response to pressure from uninformed, anti-gun voices" and "hiring lobbyists to oppose American citizens' freedoms secured by the Second Amendment." This industry pressure on Dick's comes at a sensitive time for the company. Its shares took a steep 6.3% dive in March, amid what analysts described as a "downbeat outlook." Indeed, its own CEO Edward Stack admitted his new investment in gun control "is not going to be positive from a traffic standpoint and a sales standpoint." How that assessment squares with his own obligations to the company and its shareholders is unclear. Profits, after all, are where the rubber meets the road in any business enterprise. What is becoming increasingly clear, however, is that Dick's has inserted itself into a tight spot from which it might not emerge unscathed, if it manages to survive at all. Its business with Second Amendment supporters in particular may well grind to a halt. Should that happen, Dick's will have no one to blame but itself, and especially Mr. Stack. Dick's example should serve as a warning for other businesses in the firearm sector that would hope to find common cause with activists who are seeking nothing so much as to put gun sellers out of business for good. https://www.nraila.org/articles/20180511/hard-times-for-dicks-as- second-amendment-supporters-respond-to-companys-anti-gun-bent |
"Gene Poole" <gp@dont-email.me>: Sep 27 09:37AM +0200 The Washington State constitution, Art. 2, sec. 1, contains an explicit direction that each "petition shall include the full text of the measure so proposed." A state law incorporating this requirement specifies that all petitions circulated for signatures must have "a readable, full, true, and correct copy of the proposed measure printed on the reverse side of the petition." The purpose is to fight fraud and misinformation by ensuring that all voters being asked to sign the initiative petition have the opportunity, at the time, to inform themselves and verify the details of the proposed law they are being called upon to support, but a recent decision by the Washington State Supreme Court regarding the latest gun control initiative in the Evergreen State calls into question the effectiveness of these laws. The text of Initiative 1639 filed with the Washington secretary of state covers 30 pages. In addition to using a font tiny enough to shrink all 30 pages-worth of text to fit on a single page of the petition, the initiative sponsors neglected to use, in the petition provided to voters, the actual text of the initiative as it had been filed. Compounding this failure, the teeny text included in the petition lacked clear indications to actually show the changes – the very many changes – to the existing law proposed by Initiative 1639. The NRA, the Second Amendment Foundation, and other gun rights supporters had raised I-1639's noncompliance with mandatory state requirements governing initiatives in severallegal challenges. On August 17, Thurston County Superior Court Judge James Dixon agreed that the initiative petition did not meet the "readable, full, true, and correct copy" requirement and issued an order prohibiting I-1639 from appearing on the November ballot. He absolved the secretary of state from any alleged breach of duty, as the law at issue empowered the secretary to reject a petition only in specified circumstances, and a failure to comply with the "readable, full, true, and correct copy" directive was not included. In such cases, though, Judge Dixon ruled it was the court's duty to safeguard the interests of Washington's voters and ensure "strict compliance with the initiative process." He explicitly rejected the argument that close was good enough: "The court is not persuaded by the argument that substantial compliance is the proper analysis." Holding up a copy of an actual petition page, he indicated the petition did not contain a "readable copy" of the initiative text, adding "I have 20-20 vision … I simply cannot read it." Moreover, the petition lacked a true, accurate and correct replica of the initiative measure text as filed by the sponsor. "Voters have a right to know, and sponsors have a corresponding obligation to provide, what the initiative seeks to accomplish. …The text on the back of these petitions [does] not allow voters to make informed decisions. For this court to hold otherwise would be to condone noncompliance with the clear provisions of the law." Backers of the initiative immediately appealed Judge Dixon's ruling. On August 24th, the Washington Supreme Court reversed his decision. The appellate court did not dispute the findings made by Judge Dixon regarding the failings of the petition – that the "text on the back of the petitions was not readable and did not strictly comply with the statutory and constitutional requirements." Instead, the court, in a unanimous decision, sidestepped the compliance issue entirely and held that the court lacked the authority to intervene. According to the Supreme Court, pre- election judicial review to protect the integrity of the initiative process and the mandates of the constitution was not available in this case. The court's inherent mandamus power could be invoked to compel a public officer, like the secretary of state, to perform a nondiscretionary duty imposed by law. However, because the secretary "has no mandatory duty to not certify an initiative petition based on the readability, correctness, or formatting of the proposed measure printed on the back of the petitions," the remedy could not apply. In her press release following the appellate court's decision, Secretary of State Kim Wyman referred to the fact that she had previously "expressed significant concerns over the formatting" of the initiative petition and concluded, "Our voters deserve full and clear information about what they're asked to sign onto." The result of the ruling is that this flawed, unreadable, and non-compliant initiative has been cleared to appear on the ballot. The decision to allow the initiative to proceed has also fueled perceptions among Washington State gun rights supporters that, in addition to fighting a massive funding disparity with the billionaire-backed sponsors of the initiative, they face an uphill battle to have their legitimate concerns about something as basic as following the rules addressed. Already this year Washington State's Attorney General Bob Ferguson, whose office is charged with the responsibility for preparing the ballot title and summary language for each initiative, unusually "broke with tradition" to throw his support behind I-1639. Shortly before May 9, when his office released the proposed ballot title and summary for the initiative, he expressed he was "deeply committed to [the initiative] and, in general, to having common sense gun reform laws in our state," adding "It's outrageous what we have, it's deeply disappointing to me that our state Legislature won't address these issues in a forthright manner…" This endorsement was cited in one legal challenge objecting to the proposed ballot title for I-1639, alleging, among other things, that the "Attorney General's office has created a substantial reasonable suspicion in the eyes of the general public that the language used in this Concise Description has been drafted for maximum bias and support of the sponsors of the initiative by his unprecedented and very public statement of support for this initiative." As a result of these several challenges, the ballot title was subsequently ordered to be revised by the court. Following the August 24th court decision, many in Washington State have questioned to what extent any compliance with the constitutional provisions governing ballot measures is required. One outraged citizen went further, penning an article titled "Law is dead in Washington state: I-1639 is inarguably illegal." Washington State residents, and anyone else who is interested in more information on I-1639, is encouraged to visit the NRA's website at https://www.initiative1639.org. In the meantime, we'll continue to keep readers updated as more facts surrounding this unlawful initiative continue to unfold. https://www.nraila.org/articles/20180907/law-is-dead-in- washington-state-outraged-reaction-to-court-decision-on-i-1639 |
"Gene Poole" <gp@dont-email.me>: Sep 27 09:37AM +0200 DENVER — Federal prosecutors in Colorado say three members of a gang have been sentenced to prison time for stealing 56 guns from Cabela's in Thornton. According to court records, they were Bloods street gang members and distributed the guns to other members. Prosecutors said the men pleaded guilty early in the year and were sentenced between April and this month. According to records, 23-year-old Kendall Crockett was sentenced to 80 months in prison, 24-year-old Darnell Hudgens of Denver was sentenced to 57 months and 21-year-old Giavanni Edward Miles was sentenced to 70 months. Prosecutors say Hudgens, Miles and another suspect broke into the Cabela's in August 2017 and filled backpacks with guns. Crockett drove them away. Prosecutors say Hudgens and Miles' sentences included charges from another gun theft. https://www.denverpost.com/2018/08/29/bloods-sentenced-for- stealing-cabelas-guns/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 09:32AM +0200 The Washington State Supreme Court unanimously overturned an earlier decision that removed I-1639 from the November ballot. The original decision was prompted by a case brought by the Second Amendment Foundation. The National Rifle Association filed a second lawsuit in Thurston County on the same day. The lawsuits argued that signature gatherers broke state initiative rules and that should invalidate the entire effort. "This isn't the first time the gun lobby has tried to stop Washington voters from enacting safer gun laws," said Alliance for Gun Responsibility CEO Renee Hopkins. "When the people of this state have tried to put responsible laws into place, the National Rifle Association and the Second Amendment Foundation have always stood in the way. It's disappointing when they do so, but the Alliance has prevailed each time the gun lobbyists and their allies irresponsibly attempt to take power away from Washingtonians. The decision today is just another example of Washingtonians defeating the gun lobby's callous disregard for our lives and our futures." I-1639 received more than the 260,000 signatures to be placed on the November ballot. The initiative aims to establish new firearm regulations in Washington state, including a safe storage rule similar to Seattle's recently passed law. It also raises the age to purchase semi-automatic assault weapons to 21 (from the current age of 18). And it will create enhanced background checks for those weapons. "Today, the Washington State Supreme Court abrogated its duty to protect the state constitution and state election laws by allowing Initiative 1639 back on the November ballot," said Alan Gottlieb, founder and Executive Vice President, Second Amendment Foundation, in a news release on Friday. "The court never addressed the merits of the complaints against I-1639, instead choosing to ignore the law." It's not the first legal action that I-1639 has faced. Opponents have argued that the print on the initiative was far too small for signers to know what the issue is about. They also argue that the language of the initiative was improperly posted on the signature gathering forms. "The petitions were not printed in accordance with state law because they did not have a full and correct version of the measure printed on the back," Gottlieb said. http://mynorthwest.com/1090658/court-overturns-i-1639-decision- allows-gun-measure-ballot/ |
"Gene Poole" <gp@dont-email.me>: Sep 27 09:21AM +0200 Quick action by a vigilant pro-Second Amendment student at the University of Kansas has resulted in shutting down a professor's anti-gun syllabus. After KU senior Victoria Snitsar shared a copy of the offending syllabus with university officials, the university forced the professor to remove language from his class syllabus that is not "in compliance with university guidelines and state law." In his syllabus history professor Eric Rath requested students "not bring firearms to class or anywhere I am present." Referencing widely discredited and biased gun control claims, Rath's syllabus warned students that carrying a firearm could increase a student's likelihood of being killed in an active shooter situation. Rath's syllabus attempted to suppress the exercise of a constitutionally guaranteed right. A university spokesperson didn't indicate if the professor of Japanese history would face any disciplinary action. Kansas, along with 9 other states, allows law-abiding citizens to carry firearms on campus. Rath used taxpayer resources to produce a syllabus that quotes extensively from the partisan gun control advocacy group, the Giffords Law Center for the Prevention of Gun Violence. His syllabus omits the fact that in Kansas, as in every other state, campus carry laws make students, faculty, and staff safer. In the first year of the new law, campus crime dropped by 13 at Kansas University. Furthermore, campus police did not record a single weapons violation on campus for the entire year. Kansas State Representative Blake Carpenter (R-81) says this kind of anti-gun bias has no place in our public universities and is pleased the university is taking action to correct the anti-gun syllabus. "It is unacceptable for professors to intimidate students like this and try to force their political views on them." He encourages students to be vigilant to these types of attacks on our rights and bring them to light. Snitsar, who alerted national media outlets to the syllabus, is pleased with the university's response. She says no student should feel unwelcomed in a classroom. She says she has always been active in calling out anti-Second Amendment bias on campus and lives by the Ronald Reagan motto, 'freedom is never more than one generation away from extinction.' "I just don't want any other student to have to experience that kind of intimidation by a person in authority," Snitsar said. "That is not right." https://www.nraila.org/articles/20180907/pro-2a-student-shuts- down-anti-gun-syllabus |
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"Gene Poole" <gp@dont-email.me>: Sep 27 08:54AM +0200 The state has no right to threaten financial institutions that do business with the NRA. Imagine the following scenario. Imagine the media response. By October, the governor of Texas was fed up. A well-funded ten- month campaign by Everytown for Gun Safety designed to stigmatize gun ownership was causing support for gun rights to measurably decline. Called "You afraid?" the campaign mocked men and women who carried weapons to grocery stores or restaurants. An associated "courage" campaign asked mothers to hand back their carry licenses, and while most didn't, the dozens who did received international media attention. Then, two weeks before Halloween, a gunman opened fire in a Houston Walmart, and no one responded for nine agonizing minutes until police arrived. This was Texas. The store wasn't a gun- free zone — yet not a single armed citizen was available to intervene. The governor was furious. In public comments, he blasted Everytown, declaring — in no uncertain terms — that "gun- controllers have no place in Texas. Because that's not who we are." But words mean nothing without action, and the state of Texas acted. The governor directed state regulators to "urge insurers and bankers statewide to determine whether any relationship they may have with Everytown or similar organizations sends the wrong message to their clients and their communities who often look to them for guidance and support." Regulators responded, issuing "guidance letters" directed at the chief executive officers, or equivalents, of all Texas licensed financial institutions and all insurers doing business in Texas. The letters urged recipients to sever ties with Everytown and other "gun controller organizations." The letters went well beyond a mere political exhortation and invoked the private corporations' "risk management" obligations and their obligations to consider "reputational risks." State regulators began investigating Everytown's business transactions in the state and coerced key vendors into consent decrees that not only punished allegedly unlawful activity but banned those vendors from engaging in entirely lawful business relationships with the gun-control organization. As state regulators moved, other commercial entities backed away — ending longstanding business relationships with Everytown. Let me ask a simple question. If Texas acted like this — if it used state financial regulators to issue warning letters to institutions doing business with an organization unquestionably engaged in constitutionally protected advocacy — do you think for one moment that America's mainstream media would remain silent, or speak up mainly to chuckle at Everytown's financial predicament? Do you think for one moment that America's leading progressives wouldn't sense an immediate threat to free speech? Yet the scenario above is playing out today, in a different state, with a different target. New York's Andrew Cuomo is engaging in a deliberate campaign to use state power to drive the NRA out of business. It's using a combination of consent decrees and warning letters directed at financial institutions to coerce them into cutting of business relationships with the NRA. Cuomo's intentions aren't hidden. He's on a crusade. "If I could have put the NRA out of business, I would have done it 20 years ago," he said earlier this week. He followed up with this pithy statement: "I'm tired of hearing the politicians say, we'll remember them in our thoughts and prayers. If the NRA goes away, I'll remember the NRA in my thoughts and prayers." Clever. But when statements like this are accompanied by state action, there's another word that applies — unconstitutional. New York's lawyers argue that the state's letters represent nothing more than government speech. The NRA and the state are engaged in nothing more than a frank exchange of ideas. But while the government does have broad power to engage in its own advocacy, that power has its limits. As the Second Circuit has recognized, there is a difference between "permissible expressions of personal opinion and implied threats to employ coercive State power to stifle protected speech." When "comments of a government official can reasonably be interpreted as intimating that some form of punishment or adverse regulatory action will follow the failure to accede to the official's request," a First Amendment claim exists. It simply strains credulity to argue that a financial regulator's letter to the financial institutions it closely regulates urging those institutions to consider "risk management" when dealing with the NRA is nothing more than robust debate. Indeed, the letter at issue is explicitly phrased as offering regulatory "guidance." The NRA also claims this "guidance" — combined with other state actions — is making corporations fear reprisals if they continue to do business with the NRA. Here's a key claim in the NRA complaint: On or about February 25, 2018, the Chairman of Lockton Companies, placed a distraught telephone call to the NRA. Lockton had been a close business partner of the NRA for nearly twenty years; its commitment to the parties' business relationship had not wavered in connection with the Parkland tragedy, nor the prior Sandy Hook tragedy, nor any previous wave of public controversy relating to gun control. Nonetheless, although he expressed that Lockton privately wished to continue doing business with the NRA, the chairman confided that Lockton would need to "drop" the NRA — entirely — for fear of "losing [our] license" to do business in New York. New York has filed a motion to dismiss the NRA's claims, but it is imperative that New York's actions be subject to full and fair discovery. The extent of public animus directed at the NRA, the specific "guidance" and consent decrees, and the allegations of "backroom" pressures at the very least deserve the scrutiny of civil litigation and at the very least should raise the alarm of civil libertarians — regardless of their positions on gun control. As I've written many times before, the battle over gun rights has devolved into a bitter, unyielding culture war, and in a culture war, civil liberties are often the first casualty. State officials have their own free-speech rights, yes, but those free- speech rights do not include the right to use express or implied threats to wield state power against disfavored viewpoints. Heckle all you want, Governor Cuomo. Display your malice. But the instant that malice translates into state action aimed at speech is the instant the Constitution holds you to account. COMMENTS NOW WATCH: Trump Stands Behind 2nd Amendment Rights In Speech To NRA https://www.nationalreview.com/2018/08/new-york-nra-second- amendment-first-amendment- attack/?utm_source=Sailthr u&utm_medium=email&utm_cam paign=NR%20Daily%20Monday%20through%20Friday%202018-08- 07&utm_term=NR5PM%20Actives |
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