Showing posts with label 2nd Amendment. Show all posts
Showing posts with label 2nd Amendment. Show all posts

Monday, October 16, 2023

You Might be Right: What can we do about gun violence?

by Rod Williams, Oct. 16, 2023- This is the first episode of the You Might be Right podcast where co-hosts and former Tennessee Governors Phil Bredesen and Bill Haslam discuss important issues of the day. In this issue, they discuss the gun violence. 

In the second half of the episode the governors are joined by David French, a political commentator, and author who regularly writes for The Dispatch, The Atlantic, and National Review.  David French is a native middle Tennessean of humble origin who rose to prominence as a political commentator.  I have seen him speak a couple times, once at First Tuesday and once at some other event.  He is scholarly and thoughtful, yet very relatable. I respect his opinions and like him a lot. 

French addresses the Second Amendment right to bare arms and recent supreme court rulings, the justification for an assault rifle, why the AR-15 is used for lawful purposes and is covered by the Second Amendment, and explains red flag laws and explains why, when properly written, they do not violate the constitution. 

Follow this link to listen to the podcast.  You can listen to the 44-minute podcast at X1.5 speed and not lose context. If you prefer to read the text of the podcast rather than listen, that is an option. 

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Wednesday, June 08, 2022

House Passes Democrats’ Gun Measures as Senate Talks Continue. House Votes to Increase Semi-Automatic Rifle Purchase Age to 21

by Siobhan Hughes, Wall Street Journal, June 8, 2022 -WASHINGTON—The Democratic-controlled House passed a broad package of measures intended to reduce gun violence, while parents and other witnesses shaken by mass shootings in their communities beseeched lawmakers at a congressional hearing to act to prevent further deaths.

The House bill, approved 223 to 204 largely along party lines, pulls together a series of gun measures that have backing in the Democratic Party but little support among Republicans, making the proposal a nonstarter in the evenly split Senate, where 60 votes are required to advance most legislation. Senate negotiators are working on a narrower set of proposals, centered on school security, supporting state red-flag laws and adding juvenile records to background checks, to keep guns out of the hands of potentially dangerous people. (link)

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House Votes to Increase Semi-Automatic Rifle Purchase Age to 21

National Review, June 8. 2022- On Wednesday, as part of a slate of bills aimed at curbing mass shootings and gun violence, the House voted to increase the age required to purchase a semi-automatic rifle from 18 to 21.

The vote was 228 to 199, with ten Republicans joining Democrats in supporting the measure. Those GOP members were Representatives Fitzpatrick, Gonzalez, Jacobs, Katko, Kinzinger, Malliotakis, Salazar, Smith, Turner, and Upton. (link)

Rod's Comment: I support increasing the age to purchase AR-15 type weapons to age 21. I will have more to say on the issue in a future post. It is time for sensible legislation to reduce gun violence. 

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Friday, June 03, 2022

In the last 56 years, there have been 13 school mass shootings.

by Rod Williams, June 3, 2022- Since the tragedy in Uvalde Texas, I have consumed a lot of news about that tragedy and done a lot of reading about past similar tragedies and thought a lot about it.  I am tending toward a conclusion that something must be done. Maybe it is time for reasonable gun control or if not "gun control," other measures to lessen gun violence. However, I am not yet firmly committed to what should be done. It is a complex issue. 

One needs to be careful in understanding what one reads and be clear of one's definitions. Some in reporting on the problem of mass school shootings will conflate information and leave an impression of many more mass school shootings have occurred than have actually occurred. There is a difference between "school shootings," "mass shootings," and "mass school shootings." 

The best information I can come up with is from Reason magazine, that in the last 56 years, there have been 13 school mass shootings. This uses the definition of a shooting occurring at a school in which at least four people were killed or injured. Also, Reason points out that all mass casualty shooting events constitute less than 1 percent of all gun deaths. That does not negate that America is an outlier and compared to the rest of the countries of the developed world Americans kill each other at an alarming rate

This is by no means meant to minimize the tragedy. Mass shootings at nightclubs, churches, shopping malls, or Country music concerts in Las Vegas are also tragedies, but a clear understanding of the problem is necessary for clear thinking about the problem.  School children are still safer at school than riding to school in a car with their parents. Schools are still one of the safest places a child can be. 

NPR ran a piece titled, "27 school shootings have taken place so far this year." That is 27 school shootings with injuries or deaths this year. That is terrible, but that could be one person wounding another; not 27 Uvalde Texas-style mass shootings.

If you do a Wikipedia search on the topic you will find, "List of school shootings in the United States". It covers the period Feb. 2020 through May 21, 2022. It lists several hundred. Included in the list are entries such as: 

March 30, 2015, University City, Missouri Police said one person has been arrested for a shooting at Pershing Elementary School. The shooting occurred in the parking lot, with a 34-year-old-man being shot in the buttocks.

October 22, 2015, Nashville, Tennessee, One person was killed and three others were wounded in a shooting at an outdoor courtyard at Tennessee State University. The shooting may have stemmed from an argument over a dice game. A suspect has not been identified or arrested.

November 11, 2019, Baltimore, Maryland. A 19-year-old student who was outside Reginald F. Lewis High School was approached by a masked man who shot him in the leg.

May 9, 2022, Suwanee, Georgia, A woman fired 12 shots at a moving school bus. Nobody was shot but the bus driver was injured by shattered glass.

This is terrible, but getting shot in the leg by a masked gunman is normally not what one thinks of when they hear the term "school shooting." Two college students getting into a shoot-out over a dice game is not what one thinks about.

The tragedy of  Uvalde Texas was terrible. It is terrible enough as it is, one does not need to distort the magnitude of the problem to make that point. Truth should matter. 


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Thursday, June 02, 2022

Law abiding gun owners are arming thugs. So far this year, 625 guns have been stolen from vehicles in Nashville.

Metro press release, May 31, 2022- The Nashville Police Department strongly encourages Nashvillians to lock their automobile doors, secure any valuables---especially guns, and remove the keys.

So far this year, 625 guns have been stolen from vehicles in Nashville. More than 70% of all guns reported stolen in 2022 (873) were taken from vehicles. Last week, 21 guns were stolen from cars and trucks.

Going hand in hand with vehicle burglaries is vehicle theft. A review of last week’s stolen vehicle reports in Nashville shows that 64% of the automobiles taken (28 of 44) were easy targets because the keys were left inside or made available to thieves.

Just like guns taken from vehicles, these stolen autos are also routinely involved in criminal activities, including carjackings and robberies.

Rod's Comment: I think it is past time to address this. Very few criminals buy their guns from a gun shop.  They buy stolen guns off the street, placed in circulation by irresponsible gun owners who left them in a vehicle. If one is going to leave a gun in a car, it should be secured in a gun safe that is bolted to the car frame or otherwise firmly secured to the vehicle. I am of the opinion that improperly securing a weapon should be a punishable offense. 

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Sunday, May 29, 2022

Explaining the Gun Debate

by Rod Williams, May 29, 2022- The tragedy of another mass shooting has renewed and reinvigorated the gun debate and Kevin D.Williamson writing in National Review discusses some of the issues around that debate. In this post are paraphrasings and quotes from the article and my thoughts. If you are an NR subscriber or can find it elsewhere or access it through your library, I suggest reading the complete article.  

A lot of things people think about guns are simply not true or if true need context.  I know there are those who have their mind made up and are not going to budge from the position they have taken. On the one hand, there are those who think Americans should not have the right to bear arms and that all firearms should be confiscated. I assume readers of this blog know the rebuttal to that simplistic unrealistic point of view. On the other hand, there are those who think any restriction on the type of weapon, magazine capacity, reduction in the age of majority, or registration of arms, or licensing of arms dealers is a step toward confiscation and the end of America as a free country. 

My view is that somewhere between these two extremes there is room for reasonable efforts to reduce gun violence. I also admit that the issue is complicated. I don't have the answers but see a problem that needs to be addressed. I see no point, however, in window dressing and symbolic measures and meaningless legislation that will have no impact. That being said, there probably are incremental steps that could make an incremental difference. We should however not be satisfied with the status quo.  Also, we should not be afraid to engage with people whose views differ from ours. A good place to start any debate is with facts and good data. This article by Williamson contributes to a clearer understanding of the issues. Below are some highlights from the article. 

Q: They didn’t have to worry about this kind of thing 100 years ago, did they?

"Of course they did," he says. "We are coming up on the 100th anniversary of the worst school massacre in American history, which happened in Bath, Mich., in 1927, and saw the deaths of 44 victims plus the perpetrator."  

Williamson could have done a better job. He only gives this one example. I would like more data. How big of a problem was this a hundred years ago compared to now? How often did it occur? I know that in my youth schools had Rifle clubs. I never worried about a school shooting. Columbine was the first school mass shooting of which I was aware. I think this is a recent problem and want data to see if that is correct.

Q: So how important is access to guns?

He says that by most meaningful measures it is not very important. "So, guns don’t seem to be the important variable. ... Americans buy more guns today than they did in 1990 ... but violent crime has decreased radically since those years, ... homicides falling almost by half between 1991 and 2020 ... There isn’t much reason to believe that the increase in gun ownership led to less crime, but it is a matter of historical fact that it was not accompanied by more crime."

Q: But isn’t our country awash in guns?

No, he says. A relatively small number of households have more guns but more households do not have guns. "The number of Americans living in households in which there is a gun present has actually declined quite a bit over the past several decades." "In 1973, only a minority of Americans (49.5 percent) lived in a household with no firearm, but by 2014 almost two-thirds of Americans (64.3 percent) did. So the typical American is less likely to reside in a household with a firearm in it today than 50 years ago." Some people live in a household with 50 arms but he says the lone psychopath in a house with 50 guns is probably no more of a threat than a lone psychopath with one rifle.

I don't doubt the data. However, in my own case, I only became a gun owner fairly recently. When the Antifa/BLM riots and random attacks on white people began occurring, I felt it wise to be armed. I know there was a shortage of good handguns during this period. Gun shops sold out. His data is from 2014. I think updated data would show more people have guns. Maybe not as many as in 1973, but more than in 2014.

Q: So gun owners are basically a bunch of insecure white guys with basements full of AR-15s? 

No, he says.  He says a lot of the increase in American domestic gun ownership was the result of women’s acquisition of firearms. He gives data.

Q: But isn’t the United States an outlier compared to other countries?

He says "Certainly, though not in the way you may have been told." He then mentions the genocide in Rwanda. That is not relevant, in my view. We are an outlier by an enormous amount compared to other developed countries. To me that is relevant; not what happened in Rwanda.  He does however provide a useful comparison to Switzerland. 

Switzerland has more guns per capita than any country other than the United States and Yemen. Its murder rate is about one-ninth the U.S. rate. Switzerland has about 8.6 million people to Cook County’s 5.1 million, but Switzerland saw only 47 homicides in 2021 (14 by shooting) while Cook County saw more than 1,000. 

He then points out that while Americans shoot each other to death at a much higher rate than do citizens of most other countries, "they also stab each other to death, beat each other to death, burn each other to death, etc., much more frequently than do citizens of other countries. In fact, the number of murders committed by Americans armed with nothing more than their bare hands each year exceeds the number of murders committed by Americans with so-called assault rifles. The United States has unusually high rates of criminal violence across the board rather than just an unusually high rate of gun-related violence."

That is disturbing. I think he hits the nail on the head when he says. " The problem with America isn’t that it is full of guns — the problem with America is that it is full of Americans." 

Q: What is the point of allowing civilians to have military weapons?

He says, "we don't." To call semiautomatic 5.56mm rifles “weapons of war” is dishonest" and he explains the difference between a military weapon and a civilian weapon.

Q: But isn’t it easy to modify these rifles to make them fully automatic?

No, not really, he says and explains that while it can be done, it is difficult to do. 

Q: But aren’t these new rifles 200 times more lethal than the old Revolutionary War muskets that were being used when the Second Amendment was written?

No, that figure was simply fabricated and continues to be spread. He goes on to say that it is absolutely true that a modern semiautomatic rifle is a more effective weapon than a muzzle-loading musket.

Q: Isn’t the Second Amendment and all that militia stuff just outmoded in the 21st century?

This is his answer and is similar to something that I have said. "In my view, that is really the most honest line of argument from the gun-control lobby. But that isn’t an argument for ignoring the Second Amendment — the law doesn’t stop being the law because of the private subjective judgment of political activists. It is an argument for repealing the Second Amendment. We have a process for amending the Constitution, and the Second Amendment could be repealed if enough Americans believed that to be the wise thing to do. I wouldn’t support that myself, but it is the proper course of action for those who want to eliminate the Second Amendment protections of Americans’ right to keep and bear arms."

Q: Isn’t there anything else that we could do short of a likely doomed effort to pass a constitutional amendment?

He says, yes there is, and lists these two possible actions.

Stronger enforcement of “straw buyer” laws, which are laws against buying a firearm on behalf of someone who is legally prohibited from purchasing one himself. He Explains that when violators are caught they are seldom prosecuted and explains why. He says we need to aggressively enforce these laws.

Improve the federal NICS background-check system. This system used to screen gun buyers is poorly administered and often people who would fail a background check get a gun anyway because the data is faulty or the background check is not conducted within the prescribed three-day period. Also, when the mistake is discovered, no effort is made to correct the mistake and repossess the illegally purchased weapon. Also, people who knowing attempt to purchase a weapon, knowing they are ineligible are almost never prosecuted. The law doesn't work and it should and could be improved and enforced.

I think this is a good start. I think there is more that could be done or at least considered and debated and will address some of it in future posts. For more of what I have posted on the topic of guns, see the following.


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Thursday, May 26, 2022

Gun mass shooting scoreboard: US 101- UK 1; US 101 - Canada 4; US 101- France 8

 

link


Former Senator Bill Frist Tweets: "Firearms became the leading cause of death for American children and teenagers in 2020, surpassing car accidents for the first time in 60 years. We can find ways to preserve the intent of the Second Amendment while also safeguarding the lives of our children."

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Wednesday, May 25, 2022

The U.S. is an outlier when it comes to gun deaths. Why? What can be done.

by Rod Williams, May 25, 2022 - Following the tragedy of the Uvalde school shooting we are hearing renewed calls for gun control. Not much will change. We could make small changes that might withstand constitutional muster but small changes will change little.  Not much will change because we have the right to bear arms. 

Unlike most of the world where rights are viewed as concessions granted by government, we believe we are endowed with rights.  It is not easy to take away a right. Rights cannot be taken based on the mood of the voters at a particular point in time. Rights are not subject to simple majority rule. 

Why do those who want to ban guns never propose repealing the Second Amendment? Why do those who want to impose gun control not come out and clearly say it is time to repeal the Second Amendment?

What they want to do is ignore the Second Amendment; not repeal it. If that can happen then none of our liberties are secure. If we can take away the right to bear arms by ignoring the Second Amendment, we can take away freedom of the press little by little, not by repealing the First Amendment but by ignoring it and rationalizing that it is antiquated and that "hate speech" must be prohibited. After all, when the First Amendment was written there were no blogs or Facebook or TV, or radio.  The logic that new forms of communication make the First Amendment obsolete and thus the First Amendment can be ignored is as logical as saying because we have automatic weapons instead of flintlock rifles the Second Amendment can be ignored.  

If the Second Amendment can be ignored due to public opinion and public opinion turns against the right to bear arms, then all of our liberties can depend on the public opinion of the moment.

The problem of gun violence in America is serious. We are an outlier. Why? What can be done? I wish I knew.

Also see: Pass and Enforce Red Flag Laws. Now by David French.

For more of my postings on the issue of gun violence see the following:

Also see: The Constitutionality of Gun Control by David Horwitz.

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The Uvalde school shooting won’t change a thing

 The Uvalde school shooting won’t change a thing

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Friday, December 31, 2021

Law-abiding gun owners arm 1,287 criminals this year in Nashville

December 30, 2021, Metro Nashville press release -The MNPD strongly encourages Nashvillians to lock their automobile doors, secure any valuables---especially guns, and REMOVE THE KEYS.

So far this year, 1,287 guns have been stolen from vehicles in Nashville. More than 70% of ALL guns reported stolen in 2021 (1,825) were taken from vehicles. Last week, 27 guns were stolen from cars and trucks. Just yesterday, East Precinct community engagement officers recovered two guns in the possession of two male teens, ages 13 & 16. Both guns had been stolen from vehicles.

Going hand in hand with vehicle burglaries is vehicle theft. A review of last week’s stolen vehicle reports in Nashville shows that 70% of the automobiles taken (33 of 47) were easy targets because the keys were left inside or made available to thieves. Three of the 47 vehicles stolen were left running without the driver present.

Just like guns taken from vehicles, these stolen autos are also routinely involved in criminal activities, including carjackings and robberies.

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Wednesday, September 14, 2016

Police promise to arrest violators of gun ban at Tennessee Valley Fair

No one had been threatened with arrest for violating Knoxville's ban on firearms at the Tennessee Valley Fair, so Second Amendment activists on Tuesday sought out the threat. And they got it, from the Knoxville Police Department's deputy chief of patrol, Monty Houk, as they stood outside a gate leading to the fairgrounds.

Seven members of the Tennessee Firearms Association gathered outside Gate 8 at East Magnolia Avenue and Beaman Street about 6 p.m. to obtain a promise of arrest in order to garner standing for a lawsuit. The group has already filed a lawsuit against a ban on carrying guns at the fairgrounds but wanted to bolster its case.

"It looks like the judge is going to throw (the lawsuit) out because no one was thrown out of the fair," said Raymond Bergeron, a Heiskell man who has fought for years for legislation expanding the rights of handgun carry permit holders.

Bergeron and his wife, Kimberly, asked Houk specifically what would happen should the permit holders try to enter the fairgrounds while armed. Raymond Bergeron, 61, was armed at the time. His wife was not. Both had their $10 entry tickets in hand.

Both, Houk assured them, would be subject to arrest on a charge of criminal trespassing should they violate the gun ban. TFA members shot video of the exchange.

With that, the members of the association thanked Houk for his time, thanked him for the job he did, wished him well and ended the conversation. They got what their attorney had told them they needed to satisfy Knox County Chancellor John F. Weaver's questions regarding whether their lawsuit had been filed by an injured party.  - KnoxvilleNews Sentinel

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Wednesday, July 06, 2016

Nashville judge throws out fairgrounds gun show lawsuit

The Tennessean - Davidson County Chancellor Carol McCoy, in a ruling from the bench, granted Metro’s motion to dismiss the case and denied the motion of plaintiff David Goodman of Bill Goodman’s Gun and Knife Shows for injunctive relief. Goodman had requested that the court order the Metro fair board to block off weekends next year when gun shows at the fairgrounds had previously been scheduled. ... McCoy said that Goodman does not face immediate and irreparable harm to warrant an injunction and also lacked standing to bring the lawsuit .... “I cannot find that there is a right to contract with Metro,” McCoy said. (link)

My Comment: While my sympathies are with Goodman, I am not surprised or outraged by this ruling.  I am not a lawyer but I thought the Goodman argument was weak from the very beginning.

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Monday, June 27, 2016

Corker: We can protects due process rights and keeps guns out of terrorist hands

By Melanie Hunter, CNSNews.com, June 27, 2016- Sen. Bob Corker (R-Tenn.), chairman of the Foreign Relations Committee,  told CNN’s “State of the Union with Jake Tapper” that Congress can still pass a bill that “protects 2nd Amendment rights” and keeps guns out of terrorist hands.

Tapper asked Corker about a gun control bill introduced by Sen. Susan Collins (R-Maine) last week after four other gun control bills were defeated along party lines. Collins’ bill would ban people on the government’s no fly list from buying guns. The bill fell shy of the 60 votes needed to advance it. Only eight Republicans voted for it, and Corker was not one of them.

Opponents of the bill were reportedly concerned about due process. They objected to the government being able to block the sale of a weapon without first demonstrating probable cause to a judge that the person trying to buy the gun was a terrorist. .... Corker said a gun control bill introduced by Sen. Ron Johnson (R-Wis.) seems like a better option, because it doesn’t have the same due process concerns that the Collins bill does. (link)

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Wednesday, June 22, 2016

NRA endorses Diane Black

NRA endorses Diane Black,  The Tennessean-  "As I shared recently, I obtained my handgun carry permit after becoming the victim of physical assault nearly 20 years ago. I know that the Second Amendment safeguards an individual's right to defend themselves and the people they love  and that is a right we can't afford to lose," Black said in a statement announcing the endorsement.

 

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Tuesday, June 21, 2016

All four gun control measures fail in the Senate. See how Alexander and Corker voted.

Following the terrorist attack in Orlando, Democrats and liberal media attempted to use the tragedy to advance gun control. Senate Democrats held a 15-hour filibuster to bring gun control bills to a vote.  Republicans allowed the bills to come to the floor but the outcome was pretty much known in advance.   There were four bills addressing the topic of access to guns and all of them failed. Nothing was accomplished. Below is a summary of what was voted on:

  • Sen. Chuck Grassley (R) sponsored a bill to add funding to the FBI’s existing National Criminal Instant Background Check System (NICS). It failed by a vote of 53 to 47, needing 60 votes to pass.
  • Sen. Chris Murphy (D) sponsored a bill to close the so-called "gun show loophole."  It would expanded the requirement to do a background check to individuals who sell guns to each others. That failed by 44 to 56.
  •  Sen. Dianne Feinstein (D) sponsored a bill that would  block gun purchases for buyers who show up on some government  no-fly list or other watchlist. It failed by a voter 47 to 53.  In my view this was the most dangerous of the bills.  With no accountability, the government could put your name on a list and take away your 2nd amendment rights.  Names are put on list in secret and you are not even notified your name is on a list.  This bill essentially denied due process and would be a great tool to abuse. The American Civil Liberties Union has long complained about the credibility of the FBI database and argued that individuals such as former Sen. Ted Kennedy, D-Massachusetts, were at one time on the watch list. The ACLU also said the database is “unconstitutionally vague, and innocent people are blacklisted without a fair process to correct government error.” Some people end up on the watchlist simply because they make an error and attempt to use and expired credit card to buy an airline ticket. It is a total mystery why some people end up on the watchlist.  In December 2014, there were 80,0000 people on the consolidated watchlist.
  • Sen. John Cornyn (R) had a bill that would delay a gun purchase when a buyer's name showed up on a watchlist.  There would be a three day waiting period during which time  prosecutors could make a case to a judge that the person is an actual threat and the purchase should be delayed until the government conducts an investigation. Should a judge find probable cause to detain the person, the person could be detained.  This seems like a reasonable bill.  It preserves due process and actually requires that the  person attempting to purchase the gun be investigated and calls his attempted purchase to the attention of the government, while all the Feinstein bill would do is simply stop the purchase. The Fenstein bill would not trigger an investigation. Unfortunately this bill also failed by a vote of 53 to 47. It needed 60 votes to pass.  Several noted conservatives such as Ted Cruz voted for this measure
Senators Lamar Alexander and Bob Corker vote for bills one and four above and against bills two and three. Most votes were along party lines with Republicans voting for one and four above and Democrats voting against them, and Democrats voting for bills two and three above and
Republicans voting in opposition. For more on this issue see this linkthis link, this link,  and this link.

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Sunday, March 06, 2016

Matt Collins' legislative testimony in favor of Constitutional Carry in West Virginia



Below is a statement from Matt Collins:

I am very proud to have been a part of the effort and have the privilege of getting to play a major role in passing Constitutional Carry in West Virginia. I was the point man and "lobbyist" working on passage during the 2015 legislative session. We had a few amazing legislators fighting like hell and an awesome team behind the scenes to make it happen. Unfortunately the Governor vetoed it with cover from Manchin, Bloomberg, and local law enforcement. Since it wasn't passed until the last day of the legislative session the veto could not be overridden in 2015. 

This year it was passed earlier in the session with the help of the same legislators and my former protege who did a kick ass job mobilizing pro-gun supporters across the state with the help and backing of the National Association for Gun Rights. After the expected veto it was overridden by the legislature a couple of days ago.

As of July, it will now be legal to openly or conceal carry a firearm without a permit in the state of West Virginia!!!

This is about as much fundamental raw freedom as you can get.  I congratulate everyone involved, the legislators, and all of my former colleagues.

The takeaway is that the methods used to accomplish this can be done by anyone who is dedicated to winning back their liberties. The playbook works every time and anyone can do it if they simply put out the effort and have the resolve to win. Those who say it is impossible are simply ignorant of the strategy and should be ignored.

West Virginia is now more free because of these efforts, and I want to encourage everyone to endeavor to work on similar efforts in their local and state governments!

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Wednesday, February 17, 2016

Nashville fair board sticks with gun show decision

Nashville fair board sticks with gun show decision
The Tennessean, ...the largest gun show operator at the city-owned fairgrounds says a lawsuit against Metro is likely. ..Metro Department of Law Director Cooper,.... unveiling his formal legal opinion for the first time, said no law requires Metro to hold gun shows at city-owned facilities such as the fairgrounds. .

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Tuesday, January 05, 2016

TNGOP: Democrats Should Campaign on the Gun Ban They Want to Impose on Us

NASHVILLE, Tenn. - January 5, 2015 -- From the East Room of the White House, President Barack Obama announced a sweeping set of executive orders meant to restrict Americans’ access to firearms.
Following the President’s speech, Tennessee Republican Party Chairman Ryan Haynes remarked:
Today’s announcement by the President once again lectured responsible, law-abiding Americans. It echoed his snide comments from 2008 where he talked down to concerned citizens who ‘cling to guns or religion' as if that’s a moral wrong.

Ultimately, these actions are a political play by the President that could undermine our constitutional rights. Governing solely by executive order ignores the fact the Executive Branch is supposed to enforce the law, not create it. Furthermore, it subverts the authority of Congress—the law-making branch of our federal government. These actions, supported by Democrats, show a disdain for the framework set up by our Founders. That’s inexcusable.

Instead of hiding behind the President's pen, Democrats should just campaign on the gun ban policy they want to impose on Americans. I would welcome the opportunity to debate the Democratic Party's gun restrictions. Let’s have an honest conversation and see if Tennesseans really want their 2nd Amendment rights gutted by Democrats. 
The TNGOP is circulating an online petition (associated graphic linked above) at www.GunsAreNext.com for Tennesseans to sign who believe the President is overreaching with today's executive orders. Weblink: http://tngop.org/demswantyourguns/.

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Monday, April 06, 2015

What's on the Council Agenda April 7th: term limits, a lot of 4% money, diverting Hotel-motel tax, public sector unions.

If you don't know what the Metro Council is voting on and you watch a council meeting, you will find it really, really boring. If you have your own copy of the Council agenda and staff analysis it will still be boring but not really, really boring. To get your own copies, follow the highlighted links.

There are seven appointees to Boards and Commissions. None of them are to the troubled or controversial agencies and I don't know the appointees. The council routinely  approves whomever the mayor appoints.  Recently the council did reject an appointee to the Fair Board who was an advocate of destroying the fair grounds and selling the property, but it is extremely rare the council ever rejects an appointee to a board or commission.

There is one resolution and 13 bills on Public hearing. Most bills on public hearing are zoning or related issues and are of interest only to nearby neighbors of the proposed rezoning. I don't try to stay informed on zoning issues nor do I try to form an opinion. Here are the ones I find interesting:

  • RESOLUTION NO. RS2015-1415  This is interesting because it is so silly that the Council has to keep doing this. This resolution allows a particular restaurant that already has a liquor license, an exemption from a portion of the metro beer ordinance so they can get a permit to sell beer. Metro has distance requirements from schools, churches, parks, day care center, in order to get a beer permit. However, the state does not have those distance requirements to get a liquor license. So, if an establishment has a liquor license then the Council can exempt them from the distance requirements in the beer ordinance and let them also get a beer permit, but there must first be a public hearing. I think that the distance exemption should be automatic; that if one has a liquor license they should be allowed to get a beer permit.
  • BILL NO. BL2015-1055 is a bill disapproved by the planning commission. The bill is tailored to allow an outdoor amusement called Topgolf to operate in an area now zoned industrial. Rather than changing the zoning, the bill attempts to change the text of the zoning ordinance to permit what is not now permitted.
There are 20 resolutions on the agenda. Most resolutions are lumped together and put on the "consent agenda" and all pass with a single voted. If a resolution does not pass the committee to which it was assigned unanimously then it is not on consent and is considered separately. Any council member may from the floor, ask for a bill to be pulled off of consent and then the resolution will be considered separately.  There are several bills concerning issuing short-term debt to finance sewer projects. The short-term debt may be thought of as a construction loan that one gets while building a house then the construction loan is paid off with a mortgage. This short-term loans will be paid off when long-term bonds are issued. These are the resolutions I find interesting:
  • RESOLUTION NO. RS2015-1419 spends almost $15 million dollars out of the four percent fund. Four percent of the General Fund is set aside to be appropriated throughout the year. The four percent fund is supposed to only fund equipment purchases and repairs. Before the request gets to the Council, it must be approved by the Mayor's finance director. 
There is now $28 million in the fund but that includes $5 million of anticipated revenue not yet realized so spending $15 million will leave the fund pretty low. $650,000 is for a new a new "legislative management system," what ever that is, and a new voting system for the Metro Council. Four million dollars is to replace a phone system and other information technology service needs. A half million is for renovation and repairs at General Hospital. In my view, the city needs to get out of the hospital business.  When contemplating the future of General Hospital, the next mayor and council should recall that the subsidy to General Hospital is not only the budgeted amount but this half million from the 4% fund.  $50,000 is for miscellaneous equipment and repairs at Farmers Market.
Please note that this is all additional money to the departments, money not budgeted for that department. This is a large request from the 4% fund but will probably be the last request this year unless something major breaks.  Every penny of request may be justified, but to me it looks like department are getting while the getting is good, not knowing if the next mayor will approve their request or not.  The council has no way to determine if a repair or piece equipment would just be nice to have or is essential but sometimes a probing inquiry of the department head can result in somewhat of a determination if the request is necessary or if it is inflated. I hope the Budget and Finance Committee takes a hard look at this request.  They need to ask if there is any life remaining in what is being asked to be replaced. They need to ask how long the repair or replacement has been needed.  They need to ask what would the agency do if the request in not granted. I suspect some of this is not essential spending.
  •  RESOLUTION NO. RS2015-1420 appropriates $1.85 million to entities that operate as enterprise funds, that is they are supposed to operate off of their own revenue. The Fair Ground request is for $700K, however the funds will come from funds that have been generated at the Fair Grounds.  The municipal auditorium request of $550K and the Farmers Market request of $600K is money out of the undesignated fund balance. My view is that perhaps the city should sellthe municipal auditorium if it cannot break even.  We have the Bridestone arena and there are numerous other music venues and exhibition spaces in town.  The auditorium does fill a niche in a space of that size and that price point, however the property is extremely valuable and if the facility cannot figure out how to cover their operating cost, maybe it is time to sell and redevelop the property.
I don't know what to say about the farmers market. It is really not a farmers market where farmers can sell to retailers such as grocery stores and restaurants. It is a boutique farm-to-table farmers market.  I enjoy going to farmers market but we should be able to operate a facility like that and make it covers it's operating cost.
I know the stuff sold in the North shed was tacky junk.  I was never in the market for a velvet African princess piece of art or twelve pair of socks for six dollars, but those vendors were providing income to the market as well as making a living for themsleves. I doubt there is enough demand for soy candles and homemade soap and such to fill that shed. Unless it would mean closing the market, I think this appropriation should be deferred and let the next mayor and council decide what to do with farmers market.  
RESOLUTION NO. RS2015-1433 proposes an amendment to the charter to appear on the November 7th ballot to increase the term limits of the Vice Mayor and Council to three terms. Terms limits for the Council were approved in 1994. Attempts to repeal or extend term limits have been tried several times since. I think term limits are a mistake and it weakens the role of the council and makes for a stronger mayor and more powerful permanent bureaucracy. However, I doubt the public is in a mood to expand term limits so I don't think this ought to go on the November 7th ballot. The Council will defer this to let the Charter Revision Commission make a recommendation.
There are a bunch of bills on first reading, but I don't look at them until second reading and I doubt many of the members of the Council do either.  First reading is a formality to get the bill on the agenda and all bills on first reading are passed at one time in one motion.

Bills on Second Reading of interest:

BILL NO. BL2015-1056 would designate that revenue received from the hotel-motel tax from short-term vacation rental (such as Airbnb) go to the Barnes fund for Affordable Housing.  The State law that created the  hotel-motel tax says where the money must go and only one 1% of the 6% tax on rooms goes to the general fund.  The other 5% go to debt service on the convention center, tourism promotion and tourism related activity.  This bill would divert that 1% from the general fund to the Barnes Fund. but only the portion of that 1% of the tax collected from short-term vacation rentals. I see no logic in why that portion of the hotel-motel tax should fund the Barnes Fund.  I also think this is unwise.  My view is that money designated, is an appropriations decision the council cannot make. The Barnes Fund should compete with General Hospital, Farmers Market, Schools, police and everything else the city does for an annual appropriations. There are many unmet needs in the city including an ageing infrastructure  and a desire for sidewalk and drainage projects.  I am concerned about Metro's unfunded and growing pension liability and retiree health care obligations and general debt obligations and do  not think any money should be taken off the table.  If I were in the Council, I would vote against this bill.

There are only three bills on Third Reading and none of them are of interest.

Memorializing resolutions:  There are six memorializing resolutions on the agenda. A memorializing resolution does not have any force in law or do anything, it just expresses the will of the Council.  Often memorializing resolutions are used to congratulate a sports team on a victory or to honor a retiring employee or community volunteer. Sometimes however, the Council weights in on State or national issues.  Most often when that happens it is to promote some left-wing agenda item and may be part of a nationwide movement to get cities across the nation to urge Congress to take a particular action. The handful of conservatives on the Council have usually rolled over and played dead when it comes to liberal memorializing resolutions and allowed them to pass without objections. I hope the new Council will push back against the trend of putting the Council on record supporting liberal policies. If a memorializing resolution passes the committee to which it is assigned unanimously, then the memorializing resolution becomes part of the consent agenda.

RESOLUTION NO. RS2015-1437 puts the council on record opposing state legislation that would prohibit local governments from recognizing any labor union or employee association as a bargaining agent of government employees. There is a bill pending in the legislature,  House Bill 603  and Senate Bill 123 that would do that. Here is the legislative summary of the bill:
This bill prohibits municipal and county governments from:
(1) Recognizing any labor union or employee association as a bargaining agent of the employees or officers of the municipality or county;
(2) Collectively bargaining with any labor union or employee association; or
(3) Entering into any collective bargaining agreement with a labor union or employee association, including, but not limited to, a memorandum of understanding.
Any agreement, contract, understanding, or practice, written or oral, implied or expressed, between a municipality or county and any labor union or employee association in violation of this bill will be deemed illegal, void, and of no legal effect.
This bill authorizes elected and appointed county and municipal public officers to seek injunctive relief in chancery court to prevent the municipality or county from violating this section.
This bill's prohibitions will not apply to:
(1) Collaborative conferencing between local boards of education and professional employees; or
(2) Collective bargaining between transit authorities and workers.
I support the bill and oppose the memorializing resolution against it. In government, there are not market forces that mitigate against excessive union demands.  In the private sector, a company can go out of business if labor cost raise the price of a product and make the product unattractive to consumers. In the public sector there are no market forces to provide a pushback against union demands.   As unionized labor has diminished in the US, unions have focused more and more on unionizing public sector employees. The Supreme Court of Tennessee, in Fulenwider v. Firefighters Assoc. Local Union, 649 S.W.2d 268 (Tenn. 1982), has confirmed the long-standing rule that contracts between municipal corporations and unions representing their employees are unenforceable.  This codifies that Court ruling.

This needs to be defeated, deferred indefinitely or withdrawn. I will  be very disappointed if any of the Council members who profess  to be conservative support this memorializing resolution. The State House has deferred the bill  to a summer study committee, which  often kills a bill, so it will not be voted  on in the remaining days of this legislative session anyway.

RESOLUTION NO. RS2015-1438  welcome the National Rifle Association to Nashville for its 2015 Annual Meetings. I would not be surprised if some anti-2nd amendment  liberals in the Council attempt to defeat this resolution.

The other four memorializing resolutions should not be controversial.

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Tuesday, April 15, 2014

Open Gun Carry Bill Defeated In Tennessee House Panel

From NewsChannel5.com - A bill seeking to allow Tennesseans to openly carry firearms in public without permits has been defeated in a House subcommittee. Full Story >>

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Wednesday, April 17, 2013

Firearms background check bill fails

After a lot of lobbying and debate the bill to expand firearms background checks failed. The bill needed 60 votes and only got 54. The bill would not have done much good or damage anyway, depending on how you look at it. It really didn't amount to much. It would have still exempted sale between most individuals. You could still have loaned a gun to someone or given a gun as a gift or inherited a gun without a background check.  If you would have posted a want ad in the newspaper to sale a gun or tried to sale one online on the internet, a background check would have been required. It would have closed the gun show loophole. Anyway, it failed.

Our two senators voted against it. The only Republicans voting in favor were McCain (AZ), Collins (ME), Toomey (PA), and Kirk (IL). Five Democrats including Harry Reid voted against it.

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