All posts by Chris Knox

Dangerous Duty

Dangerous Duty:  “Duty to Inform” in Illinois CCW Bill

By Chris Knox

A debate over a “Duty to Inform” (DTI) clause in a proposed concealed carry law is currently raging in Illinois, pitting Chicago gun owners against “downstate” (i.e. not Cook County) folks.  It’s a family fight, and outsiders are rarely welcome in such squabbles.  Outsiders in the present case would include this Arizona-based columnist.  Some key sources in both Illinois and within the NRA either flatly refused to speak to me or just went silent when I started asking questions.  Opponents of the DTI language, mostly based in Chicago, are furious, fearing that the bad provisions of the law will expose them to cops who will automatically swing into tactical mode at the sight of a civilian gun.  Proponents of the language – those who would speak with me – acknowledge the issues, but feel that getting the bill through is worth the problematic language.

As most readers know, Illinois was the last state to recognize some semblance of the right to carry a defensive weapon.  In December of 2012 the 7th U.S. Circuit Court of Appeals found that the concealed carry ban violated the Second Amendment.  The court gave Illinois 180 days to implement a concealed carry system.  Not surprisingly, opponents of the Second Amendment hope to minimally comply with the order, and will throw obstacles in front of anyone daring to exercise the right to bear arms.  By making it dangerous to carry in certain districts, Duty to Inform is one such obstacle.  

The bill most likely to pass is HB 997, introduced by Rep. Brandon Phelps whose district lies in the southern tip if Illinois.  The actual source of the DTI language in the bill is murky.  Rep. Phelps has stated that the language came from the NRA.  Calls to the NRA were not returned, but at least one trusted source tells me that the NRA denied drafting the language.  It seems to have appeared at least two years ago when the Illinois legislature last flirted with a concealed-carry law.  At that time NRA contract lobbyist Todd Vandermyde had offered the language to neutralize the then-vociferous opposition by the Illinois Association of Police Chiefs to any sort of concealed-carry bill.  

As the main strategist for the legislation, Mr. Vandermyde apparently feels that the chiefs’ support, or at least lack of opposition, still hinges on DTI and that neutralizing them is key to passing the bill.  I say “apparently” because Mr. Vandermyde refused to speak with me saying I was not being helpful, and hung up.  A video shows him before a committee hearing saying that the language was included after “four years of negotiations with the police chiefs and the sheriffs.”  

The DTI language was a tactic to dilute opposition from law enforcement.  In reality, DTI will not contribute anything to officer safety.  Cops know that every traffic stop must be treated as a potentially lethal situation.  Likewise, a responsible citizen knows that it’s not a good idea to surprise a cop.  The risk of DTI is that it creates an excuse, or can be misused if an encounter with police turns bad, as was a case in Canton, Ohio that turned into a minor YouTube sensation.  Making a traffic stop, the Ohio officer was so aggressively “in charge” as he conducted a (probably illegal) search of a vehicle, that the driver could not get out that he had a CCW permit and that he was carrying.

The experience of other states with DTI, particularly Ohio, shows that DTI with criminal penalties creates dangers for anyone who carries.  Other states have DTI, but most do not have onerous penalties attached.  Under the proposed Illinois language, failure to inform would be a serious misdemeanor, as in Ohio, with penalties that could include loss of gun rights.

Whether the DTI language – and the support of the police chiefs – is still needed for the bill to pass is a judgment call.  Mr. Vandermyde and others outside Chicago feel that the legislation needs to pass as it is and that problems with the bill can be addressed once it has passed.  Chicago and Cook County residents fear that DTI will put them at the mercy of swaggering cops who go into felony stop mode if they see a gun.  Chicago Police Chief Gary McCarthy went right up to the line of saying that anyone with a gun would be assumed to be a bad guy.  The implications are chilling.

I claim no expertise in the ways of the Illinois legislature, and certainly can’t count the votes.  Nonetheless, it is a new day in Illinois.  In addition to the court order, attitudes are changing, particularly among African-Americans in Chicago.  Can the bill pass without the dangerous language?  I don’t know.  Should the DTI language be a poison pill?  Probably not.  But if the DTI language can’t come out before the bill goes to the floor, it needs to be addressed as soon as possible.  Hopefully the proof of the need for fixing the law won’t be a concealed carry permit holder in jail, or worse, dead.

Trafficking Bill Out of Committee

Trafficking Bill Passes Out of Judiciary Committee
Vote is 11 – 7 with Grassley Sole Republican Supporter

The Firearms Coalition’s Chris Knox and Jeff Knox have been busy exposing problems with the legislation.

The brothers penned a short op-ed piece for USA Today newspaper pointing out the fact that gun law enforcement inevitably migrates toward prosecution of innocent mistakes while ignoring active criminals.

That piece can be read here:

http://www.usatoday.com/story/opinion/2013/03/07/gun-trafficking-laws-the-firearms-coalition/1972165/

Jeff has a more comprehensive column on the subject published on World Net Daily which can be accessed here:

http://www.wnd.com/2013/03/sell-your-dad-a-pistol-now-youre-a-criminal/

Continue reading Trafficking Bill Out of Committee

Bloomberg-Democrat, Republican, Sugerdaddy?

Bloomberg Buys Illinois Congressional Seat

The South Side of Chicago has long been a hotbed of political intrigue and corruption, but soon overwhelmingly Democrat residents of the South Side and the southern suburbs will be able to bask in the warm, fuzzy glow of knowing that their Representative to Congress was purchased by a New York, former Republican, Independent. Earlier this week, Robin Kelly, a former treasurer and state legislator, won the Democrat Primary for the seat vacated by Jesse Jackson Jr. (who resigned in disgrace after being caught with his hand in the cookie jar). Kelly won the right to represent her party in the March Special election by a substantial margin over the various other contenders, most notably former Representative Debbie Halverson, her closest competitor. Halverson pulled down only 25% of the votes to Kelly’s 52%. Kelly and Halverson both gave credit for Kelly’s overwhelming victory to New York City Mayor Mike Bloomberg whose Super PAC spent some $2.2 million promoting Kelly and bashing Halverson.

While $2.2 million spent in a campaign doesn’t seem like a lot these days, it must be considered that this is a primary race where candidates typically don’t even break the $100,000 mark. As a matter of fact, it is unusual for a candidate to spend $2 million in the General Election for an Illinois congressional race, much less over $2 million in the Primary. But Kelly, like Bloomberg, is a virulent opponent to gun rights, while Halverson received an A rating from the National Rifle Association, and Bloomberg is trying to prove that being anti-rights is an advantage in elections.

Continue reading Bloomberg-Democrat, Republican, Sugerdaddy?

Eric Holder’s Injustice Department

Corruption and misconduct revealed in Reese case

              There is clearly something seriously wrong with the US system of justice, because justice is clearly not the objective, or even an afterthought, in a system which displays corruption from the top down and has no simple mechanism for people unjustly prosecuted to recoup any of their losses.

In their ongoing crusade against guns and gun owners, the Obama administration targeted Rick and Terri Reese and their two sons, Ryin and Remington.  After spending 526 days in jail, Rick and Ryin Reese were finally released on bail pending a decision on a new trial.  This after a federal judge overturned their earlier convictions.  Rick, his wife Terri, and son Ryin had been found guilty of failing to psychically intuit that undercover federal agents were lying on firearm transaction forms. 

The reason for the judge’s reversal was the discovery that a key prosecution witness, Detective Alan Batts of the Luna County Sheriff’s Office, was himself under investigation for corruption, and that prosecutors knew this, but presented him as unimpeachable and of the highest integrity.  It was also disclosed that Detective Batts either knew or suspected that he was under investigation, as he had made overtures to the FBI suggesting he was trying to ingratiate himself with them.  Prosecutors intentionally kept this information away from attorneys for the defense and the judge, even though they are required by law to reveal this sort of information immediately.

Continue reading Eric Holder’s Injustice Department

Don’t Accept the Check

Gun Owners Won’t Accept “Universal Background Checks”

Registration by any other name is still unconstitutional

The focus in Washington is slowly shifting from legislation banning certain semi-auto firearms and standard capacity magazines to proposals for “universal background checks” – just as we had warned it would.  Politicians know that America’s gun owners are beside themselves in opposition to gun and magazine bans.  They’ve watched as fearful shoppers have cleared the nation’s entire supply of AR and AK type rifles in just a couple of weeks, leaving manufacturers and importers 8 to 12 months deep in backorders.  The politicians remember what happened after the ban was passed in 1994 and they know there would be a serious price to pay for supporting bans on these popular tools today.  On the other hand, the politicians seem to assume that a new law requiring background checks on private firearm transfers would have less negative impact on their ability to be elected.  That’s an assumption that could get them in deep trouble.

While gun and magazine bans are overt assaults on the right to arms, and, by comparison, “universal background checks” seem much less onerous, the fact is, inserting government bureaucracy into private transactions is just as unconstitutional, and potentially more dangerous in the long run, than the proposed bans.  The core of the gun rights movement understands this and has already geared up for the fight and for the paybacks in the next election.

Continue reading Don’t Accept the Check

The Wrong Side

Senator Dianne Feinstein was kind enough to publish a list of people and organizations who have lent their name in support of her AW bill, so we’ve decided to make sure you didn’t miss it.

Law Enforcement

International Association of Campus Law Enforcement Administrators
International Association of Chiefs of Police
Major Cities Chiefs Association
Police Executive Research Forum
Police Foundation
Women in Federal Law Enforcement
Chaska (Minn.) Police Chief Scott Knight, former chairman of the Firearms Committee, International Association of Chiefs of Police
Los Angeles County Sheriff Lee Baca
Los Angeles Police Chief Charlie Beck
San Diego Police Chief Bill Lansdowne

Localities

U.S. Conference of Mayors
Los Angeles County Board of Supervisors
Ventura County Board of Supervisors
Oakland Unified School District Superintendent Anthony Smith
Boston City Council

California mayors

Chula Vista Mayor Cheryl Cox
Long Beach Mayor Bob Foster

Continue reading The Wrong Side

Assault Weapons

Deadly “Assault Weapons”… What Are They?

Most importantly, they’re not machineguns.

There’s been a lot of talk recently about “Assault Weapons,” but it seems that many of the people doing the talking don’t know anything at all about guns, and that’s causing confusion.

As an Army-certified Small Arms Repairman and a lifelong firearms owner and enthusiast, I know a little bit about guns and assault rifles, so I’d like to set the record straight about a few things.

First off, the term “Assault Weapon” is a made-up name.  There really is no such thing.  The term was coined by some firearm marketers back in the 1970s to describe military-looking, semi-auto firearms.  Anti-gun extremists recognized it as a catchy and scary term and exploited it for all it was worth.  The term was a play on the valid label “Assault Rifle,” which is a lightweight, selective fire rifle or carbine.  The key there is that term “selective fire,” which means the operator can select either single shot or multi-shot modes of fire.  In other words, a true assault rifle can fire one shot for each trigger pull, or it can fire a burst or string of shots for each trigger pull – machinegun mode.

Continue reading Assault Weapons

Gun Ban Rope-a-Dope

Feinstein Ban – Rope-A-Dope

http://www.firearmscoalition.org/

The president, in his recent “children’s hour” photo-op, proposed three major legislative measures:  1) renewal and expansion of the “assault weapons” (sic) ban, 2) limitations on magazine capacity, and 3) “universal background checks” for all gun purchases.  The first two measures were out of the chute early, being filed in different and overlapping versions by Dianne Feinstein and Frank Lautenberg.  Each is every bit as bad as anyone predicted.  In fact they are so bad that they are generating a huge amount of publicity and churning up all kinds of turmoil within the firearms community.  

While it’s gratifying to see the gun culture fired up, I can’t help but think of Ali vs. Foreman – the “Rumble in the Jungle.”  In that fight, Ali covered up and leaned into the ropes absorbing slugger Foreman’s infamous body blows.  By the fifth round, Foreman had drained his tank.  As he started slowing down, Ali whispered to him, “This ain’t no place to be gettin’ tired, George.” Ali won by a knockout in the eighth round.

Continue reading Gun Ban Rope-a-Dope

Hello Media

A Challenge to Major Media: Don’t Identify the Next Murdering Deviant.

We’ve seen the cycle repeated over and over again: a twisted individual, couple, or small group engages in a depraved attack on unarmed innocents.  The media are outraged, astounded, shocked – shocked I say…  Quickly they delve into the identity and background of the murderer(s), naming them, showing their pictures, quoting their Facebook pages, talking to their neighbors, families, friends, teachers, and anyone else who can “shed some light” on who the murderer or murderers were and why they might have done such a terrible thing.  The media are so anxious to share this information, to be first in the relentless twenty-four-hour news cycle, that they have often released incorrect information, naming the wrong person or linking to the wrong Facebook account or other information.  They follow the story for weeks, making the vile killer(s) household names and guaranteeing that they will go down in history for their atrocious actions.

A few days, weeks, or months later, some other deranged soul or souls launch a similar attack, like competitors on a video game, trying to “rack up a higher score” with a more repulsive and shocking atrocity – shooting for a higher “body count,” and once again the media play right along, naming the latest criminal, recounting the horror, and delving into the minutia of the deviant’s life.

Suicide experts have long understood that suicides, particularly teen suicides, are directly influenced by the level of media attention they receive.  The less information the media puts out about a suicide, the less likely it is that other troubled people will attempt to end their own lives.  Conversely, the more media attention a suicide receives, the more likely others are to follow suit.

Continue reading Hello Media