What Would We Do If Ben Carson Wasn’t Protecting Our 2nd Amendment Rights?

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Uh-oh, the gun industry just suffered a minor jolt that could become a knockout punch because a Federal judge has decided that the suit against Bushmaster brought by the parents of children murdered at Sandy Hook must be heard in a state, as opposed to a federal court. What this means is that the manufacturer, Bushmaster, will have to prove that their gun was not too dangerous to sell to the public, notwithstanding the fact that Adam Lanza was able to kill 20 kids and 6 adults in slightly more than five minutes’ time.

We don’t yet know which weapons were used to kill nine people at Umpqua Community College on October 1, but we do know that one of the guns carried into the school by Christopher Harper-Mercer was an assault rifle. The fact that the Connecticut Bushmaster suit was revived the day before another school slaughter took place is a horrifying coincidence that, if nothing else, tells us two things: 1) these mass shootings are become so frequent as to be almost routine; 2) the shooter’s access to an AR-15 in both incidents simply can’t be overlooked or ignored.

I’m hoping that if the Bushmaster case is argued in open court that Ben Carson will decide to weigh in on the side of the gun. His recent rise in the polls has coincided with a shameless effort to grab every single pro-gun vote, even if it means saying things that physicians should never say. Here’s a sample that was posted on his Facebook page although now it’s been taken down: “I never saw a body with bullet holes that was more devastating than taking the right to arm ourselves away.” Does this jerk have any idea how stupid, pandering and medically-unethical such a comment can be? Does he have any idea how reprehensible it is for a physician to compare the effects of any injury to a legal state of affairs?

Ben – you’re a creep. Nobody’s taking anybody’s rights away. What is going to happen when the Bushmaster suit is re-opened in state court, is that the whole issue of gun violence is finally going to be discussed by people who will be under oath and won’t be able to pretend that a marketing slogan can be used to obscure or fudge the truth. Because here’s the truth about the gun that Adam Lanza and probably Chris Mercer used when they opened fire in classrooms on both coasts. They didn’t use a ‘modern, sporting rifle,’ if by ‘sporting’ the gun industry tries to pretend that it’s no different than the old Remington 700 or Winchester 64 that I lug into the woods. It’s a military gun, pure and simple. it’s used by military and para-military forces worldwide, and just because some of the military guns can be set on full-auto doesn’t alter the fact that many armed forces units fire it in semi-auto mode as well.

But the argument about whether a semi-automatic weapon is just as lethal as a full-auto gun misses the whole point. And to understand the degree to which gun jerks like Carson will go to drag the argument away from the reality-lethality, here’s what he said today on Fox: “Guns don’t kill people. We need to figure out who is the dangerous person so we can intervene.” Okay Ben, how do you propose we ‘figure out’ the identity all those dangerous persons? Should we administer a Rorschach test to every gun buyer after they fill out a 4473? Or maybe you would prefer we use the Minnesota Multiphasic exam.

I don’t think there’s much chance that Ben Carson’s going to be the tenant of 1600 Pennsylvania Avenue come January 20, 2017. But I’d give anything for him to represent the gun industry when the case against Bushmaster comes into court. I can’t wait to hear him tell the parents of the kids gunned down at Sandy Hook that those lethal wounds weren’t as important as our 2nd Amendment rights. I just can’t wait.

Want To Get A New Assault Rifle For $5 Bucks? Join The NRA.

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If any of you think that anyone in the gun industry might want to reconsider their commitment to assault rifles in the wake of ‘black’ guns being tossed out of Walmart, think again. I just received my 3rd or 4th or maybe 10th email from Wayne-o reminding me to pony up five bucks for the 3rd Annual NRA Gun Raffle, and choose any one of 12 guns or, if I like, all 12 twelve guns which “any American gun enthusiast would like to own.” And in case there was any doubt in my mind about why I should enter with a chance to win, Wayne-o’s email goes on to remind me that I don’t want to ”miss this opportunity to enter to WIN the guns that Barack Obama, Hillary Clinton and Michael Bloomberg want to BAN, along with many other great firearms!”

I know something about gun raffles because my gun shop used to be the site for an annual raffle to benefit the state Ducks Unlimited chapter which, in case you don’t know them, is a conservation and hunting organization founded in 1927 as an offshoot of the original hunting-conservationist effort, Boone & Crockett Club, that was started by Teddy Roosevelt and some friends in 1887 before TR went scampering up San Juan Hill in the Spanish-American War. Hunters and conservationists were one and the same back in those days, because hunters understood the necessity to preserve and extend natural areas for the survival and protection of game. The Ducks Unlimited raffle that I supported raised money for wildlife programs and preservation of wetlands in and around my state; you didn’t have to even own a gun to feel this was something worthy of your support.

If memory serves me correctly, the Ducks Unlimited raffle gave away five or six guns, all of them rifles and shotguns used for sport or the hunt. There was always a beautiful Beretta over-and-under, usually with a Ducks Unlimited logo engraved on the case and the gun; a Marlin 39A 22-caliber lever-action carbine with the gold-inlaid stock; a magnum-caliber Weatherby for elk and a Marlin 336 for white-tail deer. One year the guy who won the Weatherby told me he really didn’t want the gun so I bought it from him and it’s still sitting around somewhere in the basement or out in the garage.

Want to know what are the guns you can win from the NRA? The raffle’s main prize is a Ruger SR-762, which has nothing to do with the Ruger 77 bolt-action rifles that the old man designed and made Bill Ruger’s name famous both here and abroad. The SR-762 is a 30-caliber assault rifle which retails for more than $2,500 and shoots a 30-caliber round through a piston-type of operating system that promises to deliver “superior operating endurance” for every tactical need.

You can choose a Ruger for your raffle ticket but you can also select five other assault-style guns, including the Larue Tactical PredetAR rifle, the M4 V1 carbine from Daniel Defense, the KRISS Vector CRB Carbine and theTavor-IDF IDF 16 rifle with a Mepro 21 sight. The last-named gun comes out of Israel and is made by the same company which many years ago gave us the lovely little machine pistol known as the Uzi which, if you recall, was considered by the Bush Administration too dangerous to be imported after 1989. I love it when Wayne-o tries to make believe that only Democrats, Liberals and native-born Kenyans want to ban guns.

Fully half of the twelve guns in this year’s NRA raffle are assault rifles, and don’t give me any crap about they’re not assault rifles, they’re really some figment of the NSSF fantasy-world called ‘modern, sporting’ guns. Make no mistake, they are designed to kill human beings and they have nothing to do with hunting or sport. That’s the way the gun industry has changed, and that’s the reason the industry needs to be kicked in the ass until it returns to honesty and common sense.

 

 

 

 

Gun Sales Are In The Tank But Don’t Expect The NRA To Compromise Its Views Anytime Soon

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Has anyone noticed what’s been happening to the gun business lately? Smith & Wesson stock has collapsed, it’s trading for about half of the price of just five months’ ago; third-quarter net sales at Ruger dropped from $170 million to $98 million from the same quarter a year ago; and the industry’s most venerable gun maker – Colt – might have closed its doors altogether had it not been saved by a last-minute loan.

Gun sales started to slow down during the summer, which is normally when everyone in the gun industry takes a deep breath and begins planning for the fall and winter months when most of the industry’s sales take place. But not only didn’t the usual rebound occur after Labor Day, they stayed flat in September and then really began to go South. If you had purchased 10,000 shares of S&W on June 19, your investment today would be worth less than six thousand bucks. Meanwhile, the Dow during that same five-month period has surged upward by more than six percent.

nics The gun industry usually uses the monthly NICS background check number to chart sales trends, but lately those numbers simply don’t square with the market conditions that have affected the balance sheets ot companies like Ruger, Colt and Smith. While NICS checks have certainly dropped from the more than 2 million monthly numbers that were recorded at the end of 2012 and the beginning of 2013, the numbers just published for October showed a slight increase over the previous month and the September number was the second-highest September ever recorded by NICS since the system became fully operational in 1999.

I’m going to tell you a dirty little secret about those NICS numbers. What they really show is that more gun owners are registering gun transactions with NICS whether they need to or not. In some states, like Connecticut, NICS calls are much higher because the new law requires that all gun transfers between individuals, not just between dealers and purchasers, go through NICS. New York State, where Andy pushed through a universal background check law right after Sandy Hook, is now running 30,000 checks a month when the state averaged less than 20,000 monthly before Sandy Hook. Right after Connecticut mandated universal background checks there was stupid talk by Glenn Beck and other NRA apologists about how Connecticut gun owners were going to stage massive disobedience against the registration requirements of the new law. These are the same [expletive-deleted] loudmouths who never miss the opportunity to remind the rest of us how ‘law abiding’ gun owners tend to be. Now these law-abiding patriots are going to start lining up to break the law? Give me a friggin’ break.

Gun sales have always been a function of one thing and one thing only, namely, a fear among gun owners that the guns are going to be taken away. Right after the World Trade Center attack there was a brief spike in sales, but by the time it was noticed, it had already disappeared. Even before Obama started talking about a gun bill after Newtown, Dianne Feinstein rolled out her assault rifle ban, and within two weeks you couldn’t find a black gun on any dealer’s shelves. I was selling the Stag AR-15 Model 3 in my shop when I could get them, for a thousand bucks a pop and other dealers were marking them up even more. Today I can go online and buy one for $736.89.

I don’t think the drop-off in gun sales will end anytime soon, particularly now that both legislative chambers in Washington are painted red. But I also don’t think that the vulnerability of the gun industry will make its leadership more amenable to discussing effective strategies to curb the misuse of guns. Because the one thing they know above all is that the anticipation of new gun controls will spur sales, but after the law is passed, gun ownership always declines. If it goes much lower, the gun business will be in for a very rough time.

 

 

Guns Sales Have Tanked And Here’s The Reason Why

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Guess what? The great surge in gun sales that started after Obama was re-elected and then spiked when a national gun bill was pushed (but defeated) after Sandy Hook has come to a jarring end. Smith & Wesson just announced its results for the quarter ending July 31 and earnings dropped 45% with sales revenues off by more than 20%. The biggest revenue tumble occurred in “black” guns, aka modern sporting rifles, aka Ar-15s, aka assault rifles which, according to company documents, accounted for 87% of the total sales decline. But even more interesting was the fact that product inventory increased by more than 20% from the end of the previous quarter, which means that more and more guns are simply sitting unsold on factory shelves.

Smith & Wesson’s stock price shot up from $2.50 in September, 2011 to $16.68 in June of this year, an increase which reflected the surge in gun demand before and particularly after the massacre at Sandy Hook. During roughly the same period, the value of Sturm, Ruger stock also increased more than four times. These were heady days in the gun business, with a demand outrunning supply for every type of gun.

assault But that was then and this is now. While the gun industry tried to explain this surge as due primarily to new customers (women, millennials, urbanites) coming into the shooting marketplace, the hard, cold facts are that most of the recent sales of guns ended up in the hands of people who already owned guns and were therefore more sensitive to the possibility that gun legislation might take their precious toys away. The NSSF recently published the results of a membership survey which claims that target shooters are increasingly younger, female and urban-based. But the report conspicuously avoids any discussion about whether the number of people participating in target shooting is going up or down. Here’s a hint: Smith & Wesson’s quarterly report noted that the only type of guns for which sales increased in the last quarter were small, concealable polymer pistols. You might want to take your new pocket pistol to the range once to make sure it works, but if the NSSF considers such people to be getting into “target shooting,” then I can say that I’m following my diet between meals.

The gun industry began pretending that assault-style rifles were “modern sporting rifles” because they were encountering resistance from family-oriented chains like Cabela’s and Dick’s Sporting Goods who felt that black guns didn‘t have the wholesome image that stores which considered themselves to be family shopping destinations wanted to project. I happen to be the person who, in 2009, donated the URL www.modernsportingrifle.com, which I owned, to the NSSF. I gave them the rights to use the URL at the 2009 Shot Show and in our discussions that preceded the transfer their counsel made it clear that this was part of a marketing plan to align black guns with mainstream consumer tastes. Given what has happened to sales of assault rifles in the last several months, it looks like the mainstream and the black gun stream have parted ways.

I’m not surprised at this recent turn of events as regards the sale of guns. You can justify gun ownership as important for self-defense, as representing liberty and justice for all, as protecting hearth and home, but a majority of Americans don’t own guns, and the industry hasn’t been able to figure out a marketing message that explains to non-gun owners why they should change their views. The real trick, however, is to get all the non-gun owners to be as committed about regulating guns as the gun owners are committed to making sure that more gun regulation doesn’t take place. Because there’s always the possibility that sooner or later there’s going to be another high-profile shooting and Smith & Wesson’s stock price will take off again.

 

 

What Does New York’s Safe Act Really Mean?

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Last week a Federal judge in New York rendered the first decision on New York’s new gun law, the Safe Act, that was rammed through the Legislature by Andy Cuomo on the heels of the massacre at Sandy Hook. New York’s new law effectively bans the sale of AR-style rifles to state residents and also set semi-auto magazine limits at a maximum of seven rounds. Judge William Skretny, appointed by Bush 41, is known as a careful, almost scholarly reviewer of legal texts, and in this instance he went to great lengths to analyze the pros and cons of the new law.

Gov. Andrew Cuomo

Gov. Andrew Cuomo

Basically his decision contained both good news and bad news for gun owners in New York. The good news is that Judge Skretny invalidated the 7-round magazine capacity as being ‘arbitrary’ and not shown to really protect public safety as New York State claimed. The bad news is that he also found that the ability of the State to deny access to certain types of weapons did not undermine the 2nd Amendment guarantees of self-protection and was consistent with “the state’s important interest in public safety.”

As more and more gun cases pile up in what Judge Skretny calls the “terra incognita” of post-Heller jurisprudence, the trend seems to be moving towards a recognition of the government’s ability to regulate and even ban certain types of weapons (most notably ‘assault’ rifles) as long as such measures do not deny access to other types of weapons that are commonly used for self defense. Ironically, the claim by the NRA and its friends that high-capacity, semi-automatic rifles afford the greatest degree of self protection is being turned against them by multiple Court decisions which find that the defensive utility of these guns based on their lethality is exactly what justifies their regulation given the public safety responsibilities vested in the state.

The NRA has spent the last thirty years noisily promoting the notion that an armed citizenry is our most effective method of dealing with crime. And if nothing else, the coincidence of increased gun sales and a decline in violent crime over the past 20 years would seem to bolster their case. The NRA further argues that banning ‘assault’ rifles is a red herring because even though such weapons are used on rare occasions for mass assaults, like Aurora, the overwhelming bulk of shootings involves handguns as the weapon of choice.

Which was exactly the point made by Judge Skretny and other jurists who have been hearing gun cases since Heller was decided in 2008. The fact that AR-15 rifles are touted by the NRA and the manufacturers as more effective self-defense weapons than handguns is exactly why the government may be able to ban them while leaving 2nd Amendment guarantees intact. The dangerousness of guns can be played both ways, because the fact that high-capacity, military-style weapons are used in only a few instances of gun violence doesn’t invalidate the government’s right to keep them out of everyone’s hands, particularly if citizens can still own other weapons, like handguns, that provide a reliable means for self defense.

In their raptures over Heller the pro-gun lobby conveniently ignored the majority decision’s explicit statement that the 2nd Amendment was not an unlimited “right.” Instead, the author of the Heller decision, Antonin Scalia, made it clear that further judicial activity would have to take place in order to more clearly define the degree to which government could limit access to guns. If the New York and other recent decisions are straws in the wind, nobody at the NRA headquarters should assume that unlimited gun ownership will continue into the future; in fact it may soon become a legal doctrine whose best days have already passed.

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