Posts Tagged ‘Alan Korwin’

BATFE To Issue “Demand Letter” To Dealers This Week

July 26, 2011

FOR IMMEDIATE RELEASE

BATFE To Issue “Demand Letter” To Dealers This Week

Multiple Rifle Sales Reports to Begin on August 14

Prior Belief That Executive Order Would “Enact” This Was In Error

FBI May Be Implicated in BATFE Gun Smuggling Program

NICS System Allowed Prohibited Sales

PHOENIX — July 25, 2011
by Alan Korwin
The Uninvited Ombudsman
Full contact info at end

According to four BATFE agents familiar with the planned Fast and Furious gun-smuggling “fix,” the bureau plans to release a “demand letter” by the end of this week, insisting that gun dealers in the four Mexico-border states begin reporting multiple rifle sales to the bureau.

All multiple rifle sales made to the same buyer within a five-day period will have to be reported beginning on August 14, on a form to be announced, according to the agents. The order will exclude rifles in .22 caliber, and rifles without detachable magazines. The agents acknowledged that congressional action, lawsuits, an injunction or other court orders might forestall the implementation of the hastily concocted scheme. Such preventive measures are already underway.

The rumored executive order to require gun dealers in California, Arizona, New Mexico and Texas to begin reporting multiple rifle sales to BATFE will not be issued. A previous Page Nine report that referred to the expected EO now appears incorrect. It is possible that the uproar over the program caused the administration to change its approach, and put all the heat on BATFE to “enact” law without Congress. The EO was widely reported and anticipated.

An exhaustive examination of statutory authority under which BATFE is required to operate revealed no legitimate power to demand these records, though the agents claimed they do have authority (two younger ones said they have no control over the process, and were simply following along). When questioned if they would consider resigning if asked to implement an illegally introduced rule, the agents all either declined to answer or said no, they would not resign.

Because a buyer will have to be identified to show that the sales reflect purchase by one person, the record collections will be a gun registry tied to gun ownership, which is strictly forbidden under federal law. No requirement to destroy these records exists, since no authority to collect the records exists. The BATFE agents said they would not be keeping the records, because they “lack authority,” but could not identify a time frame in which the registry information would be destroyed, or any audit trail.

When pressed, the senior official identified a statute that supposedly conveyed authority for the daring plan. The citation is to 18 USC §923(g)(5)(A) which states:

“Each licensee shall, when required by letter issued by the Attorney General, and until notified to the contrary in writing by the Attorney General, submit on a form specified by the Attorney General, for periods and at the times specified in such letter, all record information required to be kept by this chapter or such lesser record information as the Attorney General in such letter may specify.”

This does not confer the needed authority, because “all record information required to be kept by this chapter” does not include multiple sales of long guns to the same person in a five-day period. The agent disagreed. In fact, Congress specifically excluded such information when it enacted, by due process, a statute requiring similar information for handguns in the same law, in 18 USC §923(g)(3)(A):

“Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totaling two or more, to an unlicensed person.”

In addition to the creation of this illegal reporting requirement, illegal gun-owner registry, with unknown details and no public control over the rule-making process, it amounts to record keeping specifically banned under the Firearm Owners Protection Act, 18 USC §926(a)(2):

“No such rule or regulation prescribed after the date of the enactment of the Firearms Owners Protection Act [5/19/86] may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established.”

Like so many laws the federal government writes, this one declares that these acts cannot legally be done, but provides no specific punishment for perpetrators, such as those running this scheme inside BATFE. Laws could be written with teeth, to control bureaucrats. Instead of saying, “No one may collect this information,” the law could say, “Anyone who collects this information shall go to prison and pay a fine.” Given the common abuses now prevalent in government, such laws have been needed for a long time, on a state and local level as well as federally, some legislators say. Any legislator unwilling to draft laws that way, allowing “officials” to do whatever they please without consequence, deserves to be removed from office, according to leading experts.

FBI Implicated in Gun-Smuggling Operation

In other news, an insider source investigating BATFE’s gun smuggling to vicious Mexican drug cartels, reveals that several of the so-called “straw purchasers” were prohibited possessors, or had suspended drivers’ licenses and other problems that should have prevented them from passing the NICS background check.

Three of the straw purchasers, now indicted, had criminal histories, including a pending class 3 felony charge for burglary, an order of protection, a domestic-violence conviction, and a felony for resisting
arrest, later reduced (and criminal damage charge dropped). Any of these should have prevented, or at least delayed purchases when they hit the FBI NICS computer. One defendant even had a CCW permit, under circumstances that seem suspicious but remain unclear.

Whistleblower BATFE agent John Dodson apparently indicated that the NICS system had these buyers flagged for special treatment, and that when a sale request came through, it was routed to a special FBI office that approved the purchases, according to William La Jeunesse at FOX News. Dodson’s prior statements are absolutely incriminating, and riveting: http://www.cbsnews.com/stories/2011/03/03/eveningnews/main20039031.shtml

This implies that the FBI may have been complicit in the scheme, allowing BATFE’s mules to get possession of guns when they should have been blocked. How people with disqualifying criminal records or a suspended driver’s license could have repeatedly gotten through the tightly run NICS system is difficult to otherwise explain.

Some of the buyers were young adults living at home with parents, and with no visible means of support. How they got the tens of thousands of dollars in cash they repeatedly spent has not yet been investigated, but is sure to come out. The tax and IRS angles are also missing from all reports, so far.

IRS is often vigorous on tracking down unreported income and huge cash transactions, but is not involved as far as published reports go. BATFE installed video cameras at some of the gun shops and have the straw-purchase smugglers’ transactions recorded.

No information is available on how the data BATFE hopes to collect will be used to prevent gun smuggling. Since the information will be gathered by the very bureau responsible for smuggling guns into Mexico, confidence in the scheme is very low. BATFE claims the scheme will generate 18,000 records per year, but how they could possibly know that is unclear, since this is illegal and has never been done before.

Congressional hearings on the BATFE gun-smuggling program continue tomorrow, Tuesday, July 26, 2011, 10 a.m. East coast time, 7 a.m. here in Arizona. The effect on the gun reporting and registration scheme, if any, is impossible to determine ahead of time.

Tangential but important —

According to Wikipedia, BATFE has digitized out-of-business records from gun dealers, with several hundred million records in its hands:

4. Out of Business Records. Data is manually collected from paper Out-of-Business records (or input from computer records) and entered into the trace system by ATF. These are registration records which include name and address, make, model, serial and caliber of the firearm(s), as well as data from the 4473 form — in digital or image format. In March, 2010, ATF reported receiving several hundred million records since 1968. [9] http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

::::

One final note —

BATFE began circulating a flier at the Crossroads of the West gun show in Phoenix this past weekend, the state’s biggest gun show, threatening gun owners with arrest if they bear arms within 1,000 feet of a school.

Virtually all populated areas are within 1,000 feet of a school.

The gun-free-school-zones act, a feel-good do-nothing law passed by President Clinton, has languished basically unused for two decades, but essentially criminalizes almost all gun owners, creating tens of millions of unenforceable felonies daily. If Mr. Obama wants an under-the-radar gun ban, here it is on a platter, already on the books. This law MUST be dealt with by our legislators, and right quick.

The Crossroads gun show takes place within 1,000 feet of a school zone.

See the maps, and the simple amendment that would correct this travesty. http://www.gunlaws.com/Gun_Free_School_Zones.htm

This is a special report from The Uninvited Ombudsman, Alan Korwin, author of the Page Nine news media watchblog. http://www.gunlaws.com/PageNineIndex.htm

Sign up for direct email reports yourself http://www.gunlaws.com

Permission to circulate this report granted.

Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for free full-color catalog
(This is our address and info as of Jan. 1, 2007)

“Don’t be a spectator in the struggle to preserve freedom.”

“No one could make a greater mistake than he who did nothing
because he could do only a little.”
–Edmund Burke

Public sentiment is everything.
With public sentiment, nothing can fail.
Without it, nothing can succeed. –Abraham Lincoln

Obama Executive Order Cannot Legally Enact Rifle-Reporting Law

July 14, 2011

Effort to Bypass Congress Is Illegitimate, Experts Say

Similar Laws Have Required Bills, Open Debate, Recorded Votes

News Media Asleep at the Wheel, Reporting Without Questioning

Firearm Owners Protection Act Bans Such Proposals Altogether

Congress Already Rejected Reporting for Long Guns

If this stands up, limits on power fall apart — Is that the true goal of Project Gunrunner?

The effort by the Obama administration to establish new gun law by executive order is not a legal method for enacting law in the United States, according to Alan Korwin, a national expert on gun law and author of nine books on the subject. Other experts agree that such a measure requires an act of Congress, and cannot legitimately be implemented by executive order, as Mr. Obama is attempting to do.

“We already have rapid-reporting requirements for multiple firearm sales, for handguns,” Mr. Korwin notes, “and this required Congress to draft and enact a statute, which became federal law 18 U.S.C. §923(g). It’s not legal to create another similar law for long guns without Congress,” Korwin says.

When that law was changed to allow reporting of multiple handgun sales to local authorities, in addition to federal officials, that also required federal law, which was passed as part of the Brady bill. Congress had an opportunity to include long guns in those reporting requirements, and rejected it. Congress is the only entity with legitimate power to change that, Korwin and other experts say.

According to knowledgeable observers, a firearms bill like this would not make it through Congress, since the House is firmly in pro-gun-rights Republican hands. This may explain Obama’s effort to sidestep Congress and attempt to enact a gun law by decree instead of due process and open
transparent deliberation. “Mr. Obama knows such a bill would have no chance of passage in the current Congress. His attempt to avoid Congress is an affront to all Americans, regardless of where they stand on the gun-rights issue,” said Larry Pratt, executive director of Gun Owners of America. “Apparently the president is a fan of former Clinton advisor Paul Begala’s approach to government: “Stroke of the pen, law of the land. Kinda cool!”

A president who attempts to pass laws on his own is dangerous to the nation.

“If the administration can get away with this and enact new law without Congress, there is no practical limit on presidential exercise of power, a truly frightening development,” says Philip Van Cleave, a civil-rights activist and president of the Virginia Citizens Defense League. “Even attempting to grab such power is a tyrannical act,” Van Cleave says.

No justification or rationale is known that would allow such action regarding rifle sales, when the essentially same law for handguns required a bill and proper passage. This goes even one step further than Obama’s federal health care law, which then Speaker of the House Nancy Pelosi said we would have to pass to learn what’s in it. That at least used Congress for an appearance of legitimacy, this bypasses Congress completely.

Equal treatment under the law would also be defeated by the move, since the attempt singles out dealers in only four states — California, Arizona, New Mexico and Texas. One gun dealer, who refused to be identified, pointed out that this will force Mexico’s deadly vicious drug cartels to make their illegal straw purchases in the other 46 states.

Nevada, Utah, Colorado and Oklahoma are the next closest states to the Mexican border, and could conceivably see an uptick in the sales Obama claims he is trying to thwart. Those states would be under no obligation to report multiple sales, though licensed dealers are typically vigilant and report sales that seem suspicious, if for no other reason than to protect their licenses to operate.

“The whole scheme is preposterous,” says Kim Grady, a board member and national coordinator for Second Amendment Sisters. “Federal agents were the ones smuggling guns into Mexico in the first place, to bolster the numbers Mr. Obama, Hillary Clinton and Eric Holder were loudly promoting to build support for more gun control — even after their numbers were exposed as false,” Ms. Grady notes. “The ATF-managed straw sales were repeatedly reported to ATF officials, who ignored the information. Now dealers will be required to do what they were already doing, to the rogue agency that ignored them? This has nothing to do with gun control, and everything to do with control.” If a new law is needed, Grady said, it’s one to imprison federal agents who cooperate in gun smuggling, not more paperwork for honest and conscientious licensed business people.

According to ATF, the new edict will generate 18,000 reports in a year. It is unknown where the staff and money to handle such a load will come from, or how the information will be used. FOPA specifically bans collecting this information in any sort of federal facility.

According to Charles Heller, the newly appointed executive director of Jews for the Preservation of Firearms Ownership, “The ultimate aim of all regulations like the one in this executive order, is to make it so difficult for private citizens to own and shoot a gun, that they no longer bother to do so. This is EXACTLY what the Declaration of Independence, whose anniversary we just celebrated, refers to as ‘sending forth agents to eat out our substance.'”

Heller notes that, “In the recent Gunrunner debacle, the Obama administration attempted to pad the statistics of ‘crime guns’ going to Mexico from the U.S. This is a violation of several U.S. laws, committed by law enforcement agents who failed to refuse illegal orders. The solution is simple and straightforward — disarm the agents and decertify the agency as a law enforcement organization. Remove their badges, and give them business cards like any other bureaucrats. Turn them from jack-boots into gumshoes.”

According to published reports, Obama promised action on gun restrictions to long-time anti-rights activist Sarah Brady, saying they would come “under the radar,” after he got things properly positioned. It defies imagination to suggest that Project Gunrunner, and the Fast and Furious smuggling crimes were just fronts that had nothing to do with padding the numbers, gun smuggling, or even building political support for gun control. “If that was just a smokescreen, all arranged so Mr. Obama could begin enacting gun law by decree instead of through Congress, now that would be one slick pre-planned political stratagem,” said author Korwin, adding, “I can’t believe he’s that clever, but it sure looks like he’s getting that result.”

The NRA has promised a lawsuit to fight the administration’s decree, about the only action short of impeachment that can be taken if a president acts outside the law. That case would be heard in federal courts, which operate under Obama’s Justice Dept. and AG Eric Holder, which have in the past mysteriously dismissed cases they did not like. Voter intimidation by a black panther in Philadelphia, for example, disappeared, even though the club-wielding perp was caught on videotape.

###

BACKGROUNDER

As early as Dec. 17, 2010, the National Shooting Sports Foundation reported that an effort was underway to create rifle-reporting requirements:

“An editorial in today’s Washington Post discussed the recent decision by ATF to require federally licensed firearms retailers along the Southwest border to report multiple sales, or other dispositions, of most semi-automatic rifles. Specifically this would impact semi-automatic rifles that are larger than .22 caliber, capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

“Though the Post supports this ill-advised proposal, it did acknowledge the legitimacy surrounding one of industry’s objections:

“When reports of its plan surfaced, the administration came under immediate attack from the gun rights lobby. The National Shooting Sports Foundation, the firearms industry trade association, argued that the administration lacked the legal authority to demand data on rifles and shotguns. It has a point: While Congress authorized the ATF to collect information on handgun sales, it declined to extend the requirement to long guns. A court is likely to be asked to decide whether demand letters may be used to shake loose this information …”
http://www.nssfblog.com/atf-to-require-multiple-sales-reports-for-long-guns/

NSSF continues to oppose multiple sales reporting of semi-automatic rifles. Such reporting requirements will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
http://www.nssfblog.com/more-on-atf-multiple-sales-reporting/

NSSF would also like to remind all members of industry, sportsmen and gun owners to voice their concerns by doing the following:

1. — Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.

2. — E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at Barbara.Terrell@atf.gov

3. — Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121

The NSSF reports that, “According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old. This demonstrates that criminals are not using new guns bought from retailers in the states.”

Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns — it specifically chose not to.

The Washington Post reported on Dec. 17 of last year that, “The plan (to register rifles) by the Bureau of Alcohol, Tobacco, Firearms and Explosives revives a proposal that has languished at the Justice Department and in the Obama administration for several months, according to people with knowledge of the proposal… The idea of such a requirement is so controversial to many gun owners that administration officials proceeded cautiously for fear of provoking the National Rifle Association, sources said.”

The paper quoted Ted Novin, a spokesman for the National Shooting Sports Foundation, who noted the timing after the election and said, “This is an ill-considered proposal and one that ATF does not have the legal authority to unilaterally impose.”

The Post also quoted NRA chief lobbyist Chris Cox, “This administration does not have the guts to build a wall (on the border), but they do have the audacity to blame and register gun owners for Mexico’s problems,” Cox said. “NRA supports legitimate efforts to stop criminal activity, but we will not stand idle while our Second Amendment is sacrificed for politics.”

The original idea, says the Post, was to label the operation as an emergency, and have ATF issue a “demand letter” to 8,500 dealers in the four border states requiring the new reports to a centralized federal facility.

When the NRA got wind of the idea back then, it warned its four million members in a “grassroots alert” that the administration might try to go around Congress to get such a plan enacted as an executive order or rule.

“Emergency approval would last six months, after which the requirement would end unless other action were taken, the draft states,” according to the Post. That time is now up and Obama has seen fit to attempt to continue the operation, in defiance of law and with disregard for Congress.
http://tinyurl.com/6c37t97

From the Firearm Owners Protection Act 18 USC §926 Rules and regulations

“The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter…

(3)… No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act (1986) may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”
This is a special report from The Uninvited Ombudsman, Alan Korwin, author of the Page Nine news media watchblog.
http://www.gunlaws.com/PageNineIndex.htm

Sign up for direct email reports yourself
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Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for free full-color catalog
(This is our address and info as of Jan. 1, 2007)

“Don’t be a spectator in the struggle to preserve freedom.”

“No one could make a greater mistake than he who did nothing because he could do only a little.”
–Edmund Burke

Public sentiment is everything. With public sentiment, nothing can fail. Without it, nothing can succeed. –Abraham Lincoln
============

Resources from Bloomfield Press:

If you want to help make a difference, take a look at my page on Tactics That Work:
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http://www.gunlaws.com/PageNineIndex.htm

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http://www.gunlaws.com/NewsAccuracy.htm

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Arizona Enacts “Constitutional Carry” for Firearms

April 17, 2010



PAGE NINE — No. 84 — SPECIAL

Arizona Enacts “Constitutional Carry” for Firearms

by Alan Korwin, Author
Gun Laws of America

Get yours:

http://www.gunlaws.com/books.htm

FOR IMMEDIATE RELEASE
Full contact info at end
April 16, 2010

Arizona Enacts “Constitutional Carry” For Firearms

“Freedom To Carry” may replace so-called “Right To Carry” nationally

by Alan Korwin, Publisher
Bloomfield Press
http://www.bloomfieldpress.com

PHOENIX With governor Jan Brewer’s signature on the new “Constitutional Carry” firearm law today, Arizona becomes a beacon state for the nation on the gun-rights issue.

Arizonans, who have been free to carry firearms openly since statehood in 1912, will now be free to carry discreetly as well, without permits or red tape. Low-crime Vermont has had this freedom intact since Colonial days. The permit system remains in place but will no longer be required for discreet carry.

Alaska enacted a Constitutional Carry law in 2003, and Texas passed a limited version for traveling in 2007. Montana has enjoyed this freedom since 1991 on 99.4% of its land (outside city limits). These states experienced no increase in crime or accidents from the expanded freedom to discreetly bear arms in public. However, numerous dire warnings of “blood in the streets” preceded those new laws, but proved false. A list of circulating myths about the law, also known as “Freedom To Carry,” appears at the end of this article.

Arizona’s extremely strict laws on criminal misuse of firearms are unaffected by the new public freedoms, although a penalty for criminals got tougher. New language now makes concealed carry in the commission of a serious crime a felony. This led to support of the bill from police around the state. Formerly, that offense was a misdemeanor.

The intrusive government “permit” system in Arizona, introduced in 1994 with paperwork, approvals, fingerprinting, criminal-database listings, required classes, two mandatory tests, taxation and expiration dates to exercise “rights” is still available, but is now optional. Enormous police resources that could be going directly toward reducing crime have instead been diverted by the program into registering, regulating and tracking the innocent. About 3% of the public have signed up for the plastic-coated permission slips, though an estimated 50% of the state’s population keeps and bears arms. Official sources acknowledge they get millions of dollars per year from the permit taxes called “fees.”

“This new law brings rights restoration for the public, and an increase in freedom for law-abiding people,” said Dave Kopp, a lobbyist for the Arizona Citizens Defense League that requested and promoted the new law. “The people have the same right to bear arms discreetly that they have to bear arms openly, we are simply correcting statute to reflect that. If your jacket accidentally covers your sidearm, that no longer exposes you to criminal penalties.” A woman will be able to put a handgun in her handbag, go about her business, and not be subject to arrest.

The key changes in the law were made by repealing the infringing language in A.R.S. §13-3102, not by enacting new rules. A number of other changes were made in SB 1108, the bill that carried the Constitutional Carry law, and these will be described in plain English and posted by gunlaws.com next week. The new law will become effective 90 days after the legislature closes, or approximately in July.

“Opportunities for firearms training and gun safety can increase tremendously with this new law”, said Alan Korwin, author of The Arizona Gun Owner’s Guide, the book that describes the state’s gun laws in plain English. “Instead of focusing on a tiny percentage of the market willing to submit to the permit system, smart trainers can now offer Freedom To Carry classes to the general public. We’re anticipating Family Days At The Range and Constitutional Carry classes to spring up statewide,” he said. Removal of the $60 tax for the permit represents a significant discount, he notes.

“We sold The Arizona Gun Owner’s Guide by the truckload for five years before there was any CCW law, and expect to do the same now, though permit holders did become and will remain a segment of our business,” Korwin said. The Guide is now in its 24th edition, and a free update will be released shortly. The book’s publisher, Scottsdale-based Bloomfield Press, is the largest publisher and distributor of gun-law books in the country. http://www.gunlaws.com

The permission-slip system is unaffected and offers some advantages to citizens. Other states recognize the Arizona permit under “reciprocity,” which allows permit holders to carry firearms when in those states (currently 23 according to the Dept. of Public Safety).

In addition, since permittees are constantly monitored through the criminal databases DPS registers them in, they can shop at retail for firearms without undergoing separate FBI background checks each time they make a purchase. Also, some people just get a sense of security by having a plastic government “authorization” card in their wallets, and they enjoy showing it to friends.

Another CCW-permit benefit is the ability to carry in restaurants that serve alcohol, as long as the restaurant itself doesn’t ban possession and the person doesn’t drink while there. Whether those various denials of rights will be eliminated in future legislation, making the general public equal to permission-slip holders, was unknown at press time.

Previously only people with government-permission cards in their possession could bear arms in certain parks. That ban was eliminated by a separate bill this year, which now makes permit holders and the general public equal.

According to MSNBC, some six million Americans have permits and carry discreetly. The fears of shootouts at stop lights, bullets for slow waiters and Wild West-style belligerence have been repeatedly proven false and dispelled as hoplophobic fantasies. Statistics have shown that crime uniformly drops when states reduce infringements on the right of law-abiding people to keep and bear arms. “Society is safer when criminals don’t know who’s armed,” according to the California-based civil rights group, crpa.org.

Sales of small easily carried sidearms and accessories are expected to increase with passage of the new law.

COMMON MYTHS ABOUT CONSTITUTIONAL CARRY

Q: Why is the CCW permit being eliminated?

A: The CCW permit is not being eliminated — that appears to have been misinformation designed to scuttle the bill. The permit system remains completely unaffected by Freedom To Carry. The permit, its advantages, the training, reciprocity schemes, the classes, fees and taxes are unchanged. That all remains voluntary as it always has been. Anyone who meets that law’s requirements can apply. Shame on the “news” media that has repeatedly said otherwise.

Q: What’s the difference between Constitutional Carry and Freedom To Carry?

A: There’s no difference, they’re just two names for the same thing. Constitutional Carry, the more formal term, comes from following the Arizona Constitution’s provision that “The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired…”. Freedom To Carry (no government interference with the right to arms) refers to the next step after so-called Right To Carry (massive government interference with the right to arms).

Q: If people can just carry guns, won’t crime and gun problems skyrocket?

A: Half of Arizonans keep and bear arms now, without any of the CCW red tape and government supervision, and without any “skyrocketing” problems. Removing the requirement to only carry openly doesn’t change who people are or how they act, it just restores their rights. Restoration of rights and becoming mentally unhinged are not related — but the same arguments have been made everywhere CCW programs passed.

It’s commonly recognized that some folks, especially people who lean left politically, do seem to equate discreetly bearing arms and becoming unglued. Decades of experience however provide no evidence of any such behavior. Those concerns have been repeatedly proven false and often turn out to be irrational fear mongering. Government permission slips for the exercise of rights have not turned people into homicidal maniacs. Restoring the right to discreetly bear arms will not change people into something they are not, and brings the state into proper compliance with its Constitution.

Q: Can anyone carry a gun?

A: Anyone who could legally carry a gun previously can legally carry under this law, no more, no less. “Prohibited possessors” — criminals, illegal aliens and others forbidden to carry arms remain banned as always. The main change is that now a woman can put a handgun in her handbag without being subject to arrest for carrying discreetly without a government permission slip (and a man has equal right to carry a gun in any discreet manner — under a sport coat or shirt, in a pocket or pants holster, fanny pack, attaché case, etc.)

Q: Training is a good thing, why was it eliminated?

A: Training is indeed a good thing and it is not eliminated. Anyone can and should take as much training as they want, which is voluntary. What has changed is that you are no longer forced to take government-mandated classes, registration and taxes before you can exercise your right to carry discreetly. This is the same formula working in Arizona since statehood for open carry (which includes concealed carry in your home, business, land, vehicle (with some minor conditions), and in a visible scabbard or case designed for carrying weapons, or in luggage. Now that the half of the public that bears arms can do so discreetly, many experts expect statewide gun training to flourish.

Q: Won’t people shoot each other if they’re not required to take the training?

A: Twelve states currently issue CCW permits without a training requirement and they’re doing just fine. Half of Arizonans exercise their right to arms without government-demanded training and they’re doing just fine. The idea that you’re only safe if government requires training is statist, foolish and incorrect. That said, responsible people should get education and training for firearms—and swimming, machine tools, medical care, raising children, being married, owning a home, preparing food, writing articles, etc., without government mandates.

If government could require training for everything that has risk, your freedom would be evaporated and your government would be out of line. Government has no legitimate delegated authority in this country to be your nanny like that, or to require anything beyond the specific, limited delegated powers given to it in the Constitution and subsequent valid legislation. The fact that government has in many cases abandoned those constraints is part of why the Tea Party movement has gained such ground and, in some cases, driven the public out into the streets with pitchforks (figuratively).

Currently, 11 states issue carry permits without training and they’re fine (AL, DE, GA, ID, IN, MD, MS, NH, PA, SD, WA). Because Arizona recognizes all other permits, many of our snowbirds have been carrying under those permits, without problems.

Q: Why are children of any age going to be allowed to carry guns to school?

A: That is total nonsense. No such thing occurs. The bill has no effect on children. That appears to be part of a misinformation campaign designed to scuttle the bill. There is no change as to who has the right to keep and bear arms. School grounds are unaffected by the law. That question is typical of similar lies and disinformation used to defeat and mislead the public about many good bills that seek to restore our civil rights. It’s almost as bad as the lies told about blacks during the civil rights era of the 1960s. Almost.

Q: Will other states imitate Arizona and enact Constitutional Carry?

A: Many people hope so, and it has the backing of the gun-rights groups.

AFTERWORD: INSIDER INFORMATION:

There is one reason and one reason only why this got done —
The Arizona Citizens Defense League.

That small handful of guys running this group, the two full-time volunteer lobbyists Dave Kopp and John Wentling, and the thousands of members who supported the effort with their tiny membership dues are exactly and precisely why our rights have expanded.

It was a deliberate, conscientious, focused and tireless effort from what must be a candidate for the best pro-rights organization in the nation. Get your friends to join, send a donation or buy a t-shirt or hat, attend the meetings, and in your little way, make a difference and preserve our rights. http://www.azcdl.org

One other tidbit — the NRA was rightfully nervous about this whole Freedom To Carry, permitless, no training, no red tape expansion of our rights. They dragged their feet at first, that’s putting it mildly, and I can’t say I blame them. An awful lot was on the line.

They wanted to be prudent. Limit exposure and risk. They have all their trainers to think about and that revenue stream. The chance of falling flat on your face in total embarrassment is a serious concern. The ease with which the antis might cast us as dangerous gun-toting (their media’s favorite slur) nuts is a real issue.

I personally debated hard with some of the top brass, and to their credit, they finally agreed not to fight the effort in Arizona, and eventually saw the light and got on board. Some gun owners like to pick on the NRA, but the NRA is going to be at the forefront of this battle. The Constitutional Carry issue does make sense, for them and for us. It will be a winner in some states, maybe yours, and does advance everything for which NRA members stand.

Yes, some of those members, steeped in darkness, or hooked on the government-permit feed trough, believe that red-tapeless carry is a bad idea. They crave government supervision. They want that permission slip in their wallet. They’ll learn, and come around. And continue to get fine training from NRA certified and other trainers because it’s the right thing to do, not because the government commands it. Appleseed is doing a phenomenal job in the training arena too, check them out while you’re at it. http://www.appleseedinfo.org

P.S. ORAL ARGUMENT ANALYZED

I have finally completed the long-awaited analysis of the oral arguments in the McDonald v. Chicago gun-ban case. Both attorneys took a whupping, but I think our rights came out on top. Justices showed their true colors (like Breyer comparing free speech to death by gun). It’s fascinating if you’re into this sort of thing, and way easier than plodding through the transcripts. Sorry it took so long.
http://www.gunlaws.com/McDonald_v_Chicago_Orals.htm

NOTE: On my website at last — The Woman’s Page
http://www.gunlaws.com/books15Women.htm

All our books, DVDs and other goods are listed here by category and alphabetically
http://www.gunlaws.com/books.htm

Contact Felicity Bower or
Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for free full-color catalog
(This is our address and info as of Jan. 1, 2007)

If you can read this, thank a teacher.
If you’re reading this in English, thank a veteran.

“No one could make a greater mistake than he who did nothing
because he could do only a little.”
–Edmund Burke

Note to my regular readers:

It’s pretty typical to frame news like this by saying: “Arizonans are now allowed to carry firearms discreetly without a permit” but that’s just not right. That implies someone or something has legitimate authority to “allow” you to exercise your rights. You should start watching that deceptive word “allow” very carefully.

This press release is carefully framed to say: “Arizonans are now free to carry firearms discreetly without a permit,” because this is the American truth of the matter. Also note the use of “discreetly,” which is a civilized norm, instead of the media’s preferred “concealed,” which implies you’re doing something wrong and have something to hide. For more on good word usage in the protection of freedom, see my Politically Corrected Glossary, http://www.gunlaws.com/politicallycorrect.htm.]

Arizonans have posted valuable observations on the bill; unfortunately I didn’t preserve attribution in all cases:

And, on that note, I will chime in.  12 states have no training requirements for CCW permits [he includes NY, which is true in some counties].  Two of those are Indiana and Pennsylvania which have issued about 1,000,000 permits, compared to Arizona’s miniscule 150,000.  A few years back, NRA supplied me with their permit holder misuse statistics and they were lower (yes, lower) than Arizona’s.  Imagine that.  Since Arizona recognizes all permits from all states, that means that many of our yearly snowbirds are legally carrying concealed weapons from states that don’t require training.

Very well said. If anyone thinks the minimum training received during a CCW class sends the student out prepared to deal with the responsibility associated with carrying or for that matter owning a firearm. They are sadly mistaken. There are some CCW holders who have never fired their firearm since the class. Yet there are non-permittees that shoot weekly. You can’t legislate common sense or morals. It’s all about the freedom to choose to do the right thing. Don’t get me wrong — all gun owners should train and practice regularly. But not because the state says they have to. -Michael B Wixom Sent from my Blackberry

You ask why we would not make training mandatory? My answer is that it is a choice between liberty and some (mis)perceived concept of ‘safety’ — and we all know Benjamin Franklin’s opinion on that.

‘Training’ — to whatever level or extent — should be a matter of individual accountability, not government coercion. If an individual fails to ‘understand’ his firearm, or the conditions and situations in which to deploy it, and winds up a statistic, I consider it another splash of chlorine in the shallow end of the gene pool — no matter how noble the act might have been, the lack of personal responsibility is separate from the context.

On a more ‘practical’ note, what the state giveth, the state may easily taketh away — with interest. Once ‘government’ is satisfied it can mandate ‘training requirements’, what may they mandate next? Caliber? Number? Days on which one may carry? Arbitrary and capricious ‘conditions’ that must be met?

Note that I strongly advocate the individual do all in his power to obtain the best instruction and ‘training’ possible, and practice to whatever extent practical — ‘the heaviest thing about carrying a firearm is the responsibility’ — not because there is any government ‘mandate’ beyond the barely adequate 8 hours, but because I have accepted the responsibility that comes with the choice to go armed. Tangentially, the willingness of more citizens to accept the philosophy of ‘personal accountability’ is the key to restoring the republic, another of my ‘personal interests’. -Duke Schecter

Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for our  f r e e full-color catalog

If you can read this, thank a teacher.
If you’re reading this in English, thank a veteran.

“No one could make a greater mistake than he who did nothing because he could do only a little.” –Edmund Burke

Guns Save Lives
Guns Stop Crime
Guns Are Why America Is Still F r e e

The REAL TRUTH about the State of the Union

January 31, 2010

The lamestream media told you:

Mr. Obama’s state of the union address was this, it was that, it was another thing, he should have said this, he didn’t say that, this was true, untrue, twisted, spun, deceptive, hope-filled, dope-filled, accurate, fair and balanced, blah blah blah.

The Uninvited Ombudsman notes however that:

Page Nine special guest columnist Craig Cantoni is the only one who got it right:

It’s embarrassing to admit this, but the reason I haven’t watched a State of the Union (SOTU) address in 20 years is that I’m a slow learner. If I had been a fast learner, I would have had my epiphany and stopped watching long before 20 years ago.

The delayed epiphany was this: that the SOTU is a charade put on by both political parties and the players in the audience, including members of Congress, the Supreme Court, the Cabinet, the head of the Federal Reserve, the Joint Chiefs of Staff and the “news” media. All of them know that the SOTU and other solemn performances throughout the year are designed to distract citizens from the ugly truth.

The ugly truth is that the federal government is insolvent, meaning that it can’t pay all of its debts, obligations, and promises. And it is insolvent it is deceitful, dishonest, and corrupt. Everyone in the SOTU audience is guilty of a massive fraud. Instead of wearing expensive suits in a marble room, they should be wearing striped uniforms in a federal cell of bare concrete.

Their crimes are many. Let’s look at the four most serious ones.

First, the official accounting books of the United States are cooked. The government’s own auditor, the General Accounting Administration, has said so, but in nicer words. Among other cooking, the books don’t account for all of the government’s liabilities. A full accounting would show that the government’s true indebtedness is nearly $100 trillion.

Second, the miscreants know that there is no money in the Social Security Trust Fund. They have been robbing the fund to pay for their salaries, their marble offices, their large staffs, and their jaunts around the world on military airplanes.

Third, they know that the Capitol Mall is a Potemkin village of monuments, museums, reflecting pools, and other tourist attractions. Behind the facades are huge, out-of-control, unaccountable bureaucracies, staffed with minions who, on average, are paid twice as much as the average American worker in a real job in the private sector.

If Americans wanted a real education about the workings of their government, they wouldn’t come to Washington and visit the Smithsonian. They’d demand a tour of the Department of Agriculture, which is housed in a granite building just a rotten tomato’s throw from the Mall. Three stories high, two blocks wide, and three blocks long, it is the most visible example of all that is wrong in Washington. Does anyone really believe that farmers wouldn’t grow crops, food companies wouldn’t process the crops, and supermarkets wouldn’t sell groceries if the building were to be razed and the employees had to find real work?

Fourth, the biggest crime of all takes place at the U.S. Treasury and Federal Reserve. In a complicated shell game that the average citizen doesn’t understand and the media doesn’t illuminate, money is created out of thin air in these houses of ill-repute. Or to be more accurate, the fiat money of the national government is debauched in a sordid menage a trois for the benefit of the johns in the White House and Congress and their banker friends. In a very real sense, the johns are covering up their corruption with Monopoly money.

Since 1913, when the Federal Reserve was created, the purchasing power of the dollar has fallen by over 95 percent. When FDR abandoned the gold standard, the debauchment turned into a screw-the-public orgy that would make Tiger Woods envious. Later, all remaining spending restraint was removed when Nixon closed the gold window to foreign governments.

Unless the four crimes are soon stopped and punished, the U.S. will end up as just another country in a long line of countries that spent themselves to death with phony money.

I didn’t watch the SOTU charade last night, but I know that President Obama didn’t talk about any of these crimes. That’s because he is a criminal like everyone else who was there.

Mr. Cantoni can be reached at ccan2@aol.com

[This information from Page Nine newsletter]

PAGE NINE — No. 77
by Alan Korwin, Author
Gun Laws of America


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