Tag: SAFE Act

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1. SAFE ACT: Not Dead

Earlier this week, the Federal Appeals Court for the 2nd Circuit upheld most of New York’s and Connecticut’s firearms statutes passed in the wake of the Sandy Hook massacre. Anti-gun control groups brought suit challenging them, and they now plan to appeal this partial defeat to the Supreme Court.

One might ask, what part of “shall not be infringed” does the 2nd Circuit not understand?

The court found that banning assault weapons and large-capacity magazines comports with the “important — indeed, compelling — state interest in controlling crime.” It continued,

“When used, these weapons tend to result in more numerous wounds, more serious wounds, and more victims. These weapons are disproportionately used in crime, and particularly in criminal mass shootings,” according to the ruling written by Circuit Judge Jose A. Cabranes. “They are also disproportionately used to kill law enforcement officers.”

The three-judge panel noted that the Newtown, Connecticut, shooting in December 2012 occurred when 154 rounds were fired in less than five minutes, killing 20 first-graders and six educators and renewing a nationwide discussion on the role of guns in America and how to diminish the threat of large-scale shootings.

The court upheld a lower court’s ruling striking down the 7-round limit in 10-round magazines. The SAFE Act contains a severability clause, so if any portion of it is stricken down by a court, the remainder survives and remains in effect. The list of SAFE Act provisions is broken down here. Its purpose is to avoid and prevent mass shootings such as the one at Sandy Hook elementary where a lone terrorist shot and killed twenty little kids within seconds. It does this by limiting the types of weapons that can be bought and possessed, requires registration of some, mandates that mental health professionals report to authorities if they believe a patient might be planning to commit a violent crime, and requires background checks for all firearms and ammunition purchases. From the Buffalo News,

The court rejected the arguments by the plaintiffs – which included the New York State Rifle and Pistol Association, the Sportsmen’s Association for Firearms Education and other groups, businesses and individual gun owners – that the law “will primarily disarm law-abiding citizens and will thus impair the very public safety objectives they were designed to achieve.’’ The court said there is a “dearth of evidence that law-abiding citizens typically use these weapons for self-defense” and that the state tailored the two key components of the law “to address these particular hazard weapons” that it said has a higher chance when used to inflict more numerous and serious wounds to more people than other weapons.

The court said there are still “numerous alternatives” for people to purchase weapons with magazines capable of holding up to 10 rounds and to use them for self-defense. “The burden imposed by the challenged legislation is real, but it is not severe,” the court ruled.

While the Supreme Court in DC v. Heller affirmed an individual right to bear arms, (thus jettisoning the “well-regulated militia” language in the 2nd Amendment), the decision clarified that, like other rights, the right to bear arms is by no means absolute.

Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms

The right to bear arms is further limited to weapons, “in common use at the time”. Heller stands for the principle that people can own weapons for personal protection in the home, and since handguns are in “common use”, they cannot be banned altogether. On the other hand, military grade weaponry such as machine guns, tanks, RPGs, etc., can be, should be, and are banned from personal possession and use. The 2nd Amendment isn’t an absolute and unlimited right, just like the right to free speech doesn’t protect libel and the right to free exercise of religion doesn’t protect Rastafarian pot use.

2. All Quiet on the Preetsmas Front?

The investigation into campaign finance illegality that led to the May 28th raids of three prominent political operatives is still very much alive, despite the expiration of the statute of limitations for any misdemeanors. Rumor has it that state and federal investigators are excitedly trying to wrest a Pigeon associate from being represented by a private lawyer, and to convince him instead to take on a public defender and turn state’s evidence against his (former?) associates. This person knows where a lot – if not all – of the figurative bodies are buried, so if this succeeds, it would be huge. Law enforcement has to prove that these guys didn’t simply accidentally forget to make necessary election disclosures in the proper way, but that they knew exactly what they were doing, and that it was part of a continuing, chronic scheme to trick and defraud opponents and the public at large. It’s not over yet.

3. Vice President Biden

The Vice President announced that he would not be running for President in 2016, and gave a heartfelt barn-burner of a speech that left a lot of Democrats wishing that he actually was. Biden is a centrist Democrat who has fought for the beleagured middle class his entire career. Hillary Clinton and the Freedom Caucus and the entire GOP Presidential slate take note:

I believe that we have to end the divisive partisan politics that is ripping this country apart. And I think we can. It’s mean spirited, it’s petty, and it’s gone on for much too long. I don’t believe, like some do, that it’s naive to talk to Republicans. I don’t think we should look at Republicans as our enemies. They are our opposition. They’re not our enemies. And for the sake of the country, we have to work together.

Hillary Clinton is breathing easy, not only because Biden is out, but the Benghazi witch hunt is unraveling hour by hour in advance of her second round of testimony about a tragedy – not a scandal.

4. Canada goes Trudeau

Stephen Harper’s 9 year-long government is over, he will stay as an MP but resign as head of the Conservative Party he helped to re-formulate. As so often happens in left/right North American politics, the grueling 11-week Canadian general election pitted Harper’s fear against the hopeful vision of Liberal Party leader Justin Trudeau. With a clear majority, Trudeau can form a majority government and actually implement the policies for which he advocated. The parliamentary system may not be perfect, but it’s certainly fairer and more efficient in many ways than ours.

5. Wikileaks

Let’s say you believe it’s wrong for the NSA to have the ability to snoop on people’s emails and phone calls and text messages, etc. We can agree that warrantless government searches of the substance of people’s private communications is illegal. So, in what way is it newsworthy or reasonable or fair for Wikileaks to publish the private emails from CIA Director John Brennan’s personal AOL account? No one has found or identified any classified or secret information there – it’s all private stuff, including his application for a security clearance that contains intimate details of his personal life. Wikileaks obtained the information from hackers – criminals – and is simply publishing it all for everyone to see. Wikileaks defenders, defend this. You can’t. It’s a stunt designed to keep these people relevant.

If you want to understand what Wikileaks is, consider this, from John Schindler: Wikileaks is a front for Russian Intelligence. There exists no other reasonable explanation at this point. One need only compare Wikileaks’ published secrets of the Russian Federation vs. the secrets of the United States it has revealed.

An important gap has been filled this week by Julian Assange, who admitted that Snowden going to Moscow was his idea. Ed wanted to head to Latin America, Julian asserted, especially Ecuador, whose London embassy Assange has been hiding out in for years on the lam from rape changes in Sweden. As Assange explained, “He preferred Latin America, but my advice was that he should take asylum in Russia despite the negative PR consequences, because my assessment is that he had a significant risk he could be kidnapped from Latin America on CIA orders. Kidnapped or possibly killed.”

Only in Russia would Ed be safe, Julian counseled, because there he would be protected by Vladimir Putin and his secret services, notably the FSB. One might think that seeking the shelter of the FSB — one of the world’s nastiest secret police forces that spies on millions without warrant and murders opponents freely — might be an odd choice for a “privacy organization.” But Wikileaks is no ordinary NGO.

Now, the private phone numbers and social security numbers of innocent private civilians are being revealed by this phony, hostile “privacy” organization. Its justification for publishing the substance of all of Brennan’s AOL emails is weak, if it exists at all.

Just because you enter public life doesn’t mean that it’s ok for a hostile government’s PR arm to publicize your personal emails. Wikileaks has proven Schindler’s thesis beyond reasonable doubt.

Shorter Everything

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1. Dennis Gabryszak is a creep who is accused of doing creepy things to at least 7 women, who have the courage to come forward and publicly air the ways in which this schmuck humiliated them. Gabryszak has not denied or otherwise addressed the allegations and is unfit for public service. 

2. It’s not the crime, it’s the cover-up was the lesson learned during Watergate, and on Thursday New Jersey Governor Chris Christie took 2 hours to explain how he was completely in the dark about some really despicable things that his very close advisors and confidants were doing. When his appointee to the NYNJ Port Authority, David Wildstein, resigned in December – a month ago – over September’s politically manufactured bridge debacle. For Christie to suggest that this is all news to him strains credulity. For him to suggest that he was completely in the dark about these things seems unlikely. Ultimately, if you surround yourself with petty, vindictive people, and you maintain a public demeanor that is, at times, petty and vindictive, you can hardly stand there with a straight face and claim that you are, like, totally shocked that people in your employ behaved in a petty and vindictive manner. 

3. Yesterday, GOP gadfly Michael Caputo was sitting in for Tom Bauerle on WBEN, and he had legendary dirty trickster Roger Stone call in – that’s quite a get. They talked about a meeting Friday put together in an effort to convince billionaire birther Donald Trump to run for Governor of the state of New York. Stone got it exactly right – Trump doesn’t have a chance. Ultimately, New York State is as blue as it gets, and while Democrats and left independents might consider a Republican who portrays himself as a centrist who is liberal on social issues (see: Pataki), there’s no way in hell any self-respecting Democrat would support a Donald Trump for governor – not after his dramatic and absurd lurch to the very fringes of the right wing in the last few years. For all the Freudian bleating about the NY SAFE Act, the metropolitan area around the five boroughs – how did Glenn Beck phrase it? Oh yeah, “they surround you”. 

4. Declared dead several years ago, it turns out that shared border management still has a pulse. Because Canadian border agents are now armed, like their American counterparts, one of the big obstacles to pre-clearing traffic on the Canadian side and eliminating the inspection booths on the American side has been eliminated. For now, it’s a pilot program and it’s only for commercial traffic, but if it’s successful there’s no reason why it couldn’t also be used for passenger vehicles, too. If that happens, all of the alarmist talk about the adverse health effects from idling traffic at a bridge crossing that has existed for 100 years can stop. I never quite understood how adding lanes to alleviate traffic congestion would aggravate health problems on the west side of Buffalo, nor did I understand why the anti-bridge rhetoric was effectively arguing for the complete removal of the bridge altogether. But hopefully the saga of the Hundredyearbridge will make a millimeter’s worth of progress. 

5. If your town government decides to hold a “public hearing” about a local controversy at 4:30 pm on a weekday, and doesn’t bother to invite representatives of the locality’s regional governmental entity, then it’s safe to say that the town government isn’t interested in dealing with conflict or problems. The one-party system in the town of Clarence is not showing itself to be particularly responsive or concerned about legitimate gripes from people in the northern flood plain.

Unbelievable. 

6. Chris Collins (NY-27) is playing to type. 

7. Subset cars: 

– did you know that it is perfectly legal for any American to import any car from anywhere in the world, provided it is 25+ years old? Not only legal to import, but legal to put on the road. Here’s a cool story about a dream come true. 

– I told you a few weeks ago to get yourself a set of snow tires. That’s not all. When it’s snowing and sloppery out, you should also (a) keep your washer fluid topped off; (b) keep an extra gallon of fluid in your trunk; (c) physically wipe the slop off your wipers every once in a while to keep them clean and clear; (d) take a squeegee to your front headlights at every fill-up to get the road sludge off of them and enable you to actually see at night. To that end, if your local Noco or whatever doesn’t keep a proper squeegee bucket around with some form of unfrozen cleaning solution, stop going there or complain. It is inexcusable in a cold climate. 

Have a good weekend!

 

 

 

Fuck Your Gun

72 comments

Let’s limit gun ownership to what Heston is holding here.

Yesterday, in something of a whirlwind session of the oft-feckless New York State legislature, Senate Majority leader Dean Skelos, Assembly Speaker Sheldon Silver, and Governor Andrew Cuomo agreed to the key provisions of what is called the “NY SAFE” act, or “Secure Ammunition and Firearms Enforcement” Act. It passed the state senate late Monday, and will be taken up by the Assembly today. 

The law will do the following: 

– limit gun magazines to hold a maximum of 7 bullets; 

– universal background checks for every single gun transfer, including private ones that are person-to-person; and 

– a “Webster provision” mandating life without parole for anyone who murders a first responder. 

Here’s what at least one 2nd Amendment purist had to say about it on Twitter: 

 

The second amendment. The one that helps enshrine perpetual violence and revolution. Its purpose – clearly stated – was to make sure that our new country, which at the time had no standing army, could protect itself from attacks by Britons, Frenchmen, Spaniards, and whatever Indian tribe or nation from which we were trying wrest control of land.  

You want a gun for hunting? Target practice? Skeet? To ward off robbers or burglars? That’s fine. You don’t, however, get to keep a military arsenal. 

Those on the deepest fringes of the right wing – the people who think lunatic Alex Jones is an influential and sane voice about guns – love to bring up the notion that the 2nd Amendment exists to protect you from “tyranny”. No one gets too worked up trying to define what “tyranny” is, or who gets to decide when “tyranny” becomes a clear and present danger. This crowd loves to cite the Declaration of Independence – a document that was a declaration of war against a monarch who brutally exploited his American colonies. The Declaration, however, ceased to have any legal effect the moment that Britain lost the war and recognized American Independence. 

So, no, proud patriot, you don’t have a right to take up arms against the government. Indeed, Article III, section 3 of the U.S. Constitution makes that sort of thing a very serious crime.  

One more gun control effort, one more gun fetishist makes some broken, semi-informed analogy about how if the Jews were armed in the 30s, they could have somehow halted their own genocide in the face of a German war machine. One more gun debate, one more person suggesting that our representative democracy – flawed though it might be – is or could oh-so-easily-be the equivalent of Pol Pot’s Cambodia. One more effort to limit the firepower we so casually make available to lunatics, one more person expressing their idiot fever-dream of single-handedly taking on the FBI or One World Government or ZOG, notwithstanding the fact that the government could – if it wanted to – easily take out your entire neighborhood with an unmanned drone operated by a teenager nursing a Monster Energy Drink in a dank, smelly basement in Northern Virginia. 

One more gun fetishist, one more clumsy analogy made to some other object with a large capacity or capability of doing harm that we are allowed to own, but the primary purpose for which is not “putting holes in things at breakneck speed”. Gas tanks, fast cars, pencils.  

And what of tyranny? We’ve had plenty of tyranny in this country, but when the Black Panthers agitated for blacks to arm themselves during the civil rights struggles of the 60s, the NRA was happy to support the Mulford Act, which limited the Panthers’ ability to carry arms and inform black citizens of their Constitutional rights. The NRA supports your right to bear arms, so long as you’re of European descent and not too uppity. 

Some have taken to social media to criticize the limit on magazines. I don’t understand why it’s ok for someone to have a semiautomatic pistol that can fire 7 bullets in 7 seconds and extinguish 7 lives in that period of time, but I suppose it’s exponentially better than the 33-round clip that Gabby Giffords’ would-be assassin had in his possession. He was subdued only as he tried to reload; by that time, six people had been killed. 

I get that violence is an integral part of American society and history. But I also recognize that you don’t get to own an F-15 or a nuclear missile just because it makes you feel safe or helps you ward off “tyranny”. 

I know that the rhetoric on this issue is going to get much worse before it gets any better. After all, we have a Kenyan communist President, against whom any facile lie is routinely thrown. I also think that insane lunatics shouldn’t have access to military weapons and equipment; shouldn’t be able to waltz around your town with enough firepower to put 11 holes in a first grader. Shouldn’t be able to get so many rounds off in so little time that the first grader’s jaw and hand are disappeared. 

If you like guns, good for you. If you’re a Glenn Beck / Alex Jones type, I sincerely hope that you get Galt’s Gulch going – that you divest yourself completely from American society and go off and start your post-hippie, penis envy-laden republic of gunnutistan – a place that is not on American soil and is free from American law and jurisdiction, so you can carry out your secessionist fever dreams away from us normal people. 

Because our easy access to guns and our gun culture make our society a particularly violent one; not video games or TV shows – those are safe avenues of expressing the reality of warfare. We love war and conflict. We can’t get enough of it. Somehow, other societies are able to function without it. 

New York is going to limit your ability to transfer your guns to the angry and insane, and it’s going to make you have to reload more frequently while you’re shooting up your neighborhood or a schoolroom. This isn’t the end of the 2nd Amendment – it’s a first step to protecting those of us who don’t run around living in perpetual fear, armed to the teeth.