All posts by Chris Knox

Reciprocity Amendment Fails

National Reciprocity Falls Short by 2 Votes

Lugar and Voinovich only Republican Nay’s.

An amendment which would have required basic reciprocity for concealed carry permits between states – forcing states to honor permits from other states – failed to receive the 3/5ths majority needed for passage by a mere two votes on Tuesday.  The measure, sponsored by Senator Thune of North Dakota, needed 60 votes for passage, but only received 58.  Many Democrats, including Majority Leader Harry Reid, voted in favor of the amendment while Richard Lugar of Indiana and George Voinovich of Ohio were the only Republicans to vote against the measure.  Pennsylvania Democrat Bob Casey voted for the amendment while NRA A-rated former Republican, now Democrat Arlen Specter voted against it.  Former A-rated NY Representative, now Senator Kirsten Gillibrand joined her new mentor Chuck Schumer in opposing the measure as did McCaskil of Missouri and Bingaman of New Mexico.  Below is a complete listing of all Senate members and their votes on this amendment.

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Hoplophobia Alliance

Hoplophobia Defined

 

(July 16 2009) Recent rights victories in the Senate have caught the attention of the hoplophobes and they’re not happy.  I received the following "URGENT ACTION ALERT" from the inappropriately named "Freedom States Alliance" this afternoon and I couldn’t think of a better way to explain the level of irrationality and ignorance which defines hoplophobia than to do exactly as they asked and pass the "Alert" on just as they wrote it (typos and all.)  While I sometimes complain about the over-hyping and exaggeration engaged in by some of our brethren in the rights movement, our guys can’t hold a candle to the outrageous fear-mongering of these hoplophobes. 

Be sure to contact your Senators and Harry Reid and tell them not to surrender to irrational fears.  You might also consider making a donation to The Firearms Coalition to help us counter this nonsense.  — JAK

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Back to SCOTUS

Appeal to the Supreme Court

 

(July 9, 2009)  This fall, when the Supreme Court begins its next session, one of the questions they are likely to address is the "incorporation" of the Second Amendment to apply to the states.  Most Americans would be surprised to learn that their constitutional rights are only selectively recognized as applicable to state and local government, but that is the case.  While there might have been some understanding regarding the application of the finer details of the first 10 amendments, the fundamental rights enumerated in the Bill of Rights were clearly intended and universally recognized to apply to all authorities at every level of government, but the Supreme Court shifted that understanding with several rulings culminating in decisions bolstering Jim Crow laws in the South after the Civil War.  Two famous cases clearly illustrate the shift:

In Dred Scott v. Sanford, Justice Taney declared that blacks could not be citizens of the United States in part because citizenship "would give to persons of the negro race, …the right to enter every other State whenever they pleased, …the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went."

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NPR’s “On The Media” story about “Bradley Effect”

http://www.onthemedia.org/transcripts/2009/07/03/03

This is a story about the "Bradley Effect."  In the 1982 race for California governor between Tom Bradley and George Deukmejian, former LA mayor Bradley, a Black, was supposed to win handily.  In the story the Democratic strategist makes the offhand comment that "there was this gun control initiative" which generated a bunch of votes out of the Central Valley.  For years the "Bradley Effect" has been thought to reveal America as riddled with closet racists.  This story actually throws some cold watner on that allegation, but doesn’t quite acknowledge that the gun issue provided the margin.  Of course, the Republican Deukmejian went on to stick it to the gun owners who elected him, signing a nasty semi-auto ban in his second term.

I’ve long suspected that the "Bradley Effect" was at least encouraged, and possibly even planted, to allow Democrats avoid saying out loud that gun control is a losing issue. 

The Republicans, living up to their title of the "Stupid Party," have so far shown far less understanding of the issue.  Maybe someday.

Fish Conviction Overturned!

Harold Fish Conviction Overturned

AZ Legislature Passes Retroactive Self-Defense Law

    The Arizona Court of Appeals has thrown out the conviction of Harold Fish and chastised the judge who tried the case.  Fish was the retired school teacher who shot a man who charged at him swinging his arms and yelling threats.  Fish was convicted of Second Degree Murder in 2006 and has spent the intervening three years in an Arizona State Prison.  The Appeals Court ruled that Fish should have been allowed to introduce evidence of his attacker’s violent past and the vicious histories of the man’s dogs which triggered the tragic event. 

    The Arizona State Legislature passed a law shifting the burden of proof in self-defense cases from the defense to the prosecution, but the judge tried the case under Arizona’s previous law which required the defense to prove that the defendant acted in self-defense.  This week the Arizona Legislature passed another bill clarifying that the new self-defense standard should have been applied to the Fish case.

    News of both the Appeals Court decision and the Legislature’s action broke within 24 hours of each other on Tuesday and Wednesday, June 30 – July 1, 2009.  The news means that at the very least Fish should receive a new trial and could be set free without a trial if the Coconino County Prosecutor’s Office chooses not to retry the case.  It is possible that the State Attorney General’s Office could appeal the Appeals Court decision to the State Supreme Court, but that is not considered likely by most observers.  If the case goes to a new trial, it is likely that it would be tried under the newer proof standards even without the Legislatures new bill, but that is not guaranteed unless the Governor signs the pending bill; something her predecessor, now Homeland Security Secretary, Janet Napolitano, vetoed in 2007.

    Meanwhile, Harold Fish remains in prison as he waits for the Attorney General and County Prosecutor to decide how they are going to proceed – which they probably won’t do until well after the Independence Day holiday.  Something Fish supporters say is sadly ironic.

Joe Bowman: Godspeed

Just got the word from The Shooting Wire that trick shooter, actor, magician, and well-loved icon of the gun industry Joe Bowman has left us.  I was probably ten years old when he pulled a quarter from behind my ear.  I believe it may have been at the Camp Perry matches sometime around 1967.  Joe was hard to miss in his wide-brimmed hat with the Tom Mix crease and his hand-tooled boots.  As a kid I liked to watch him shuffle cards and juggle sixguns, but as I grew older I learned that he was a contemporary and friend of some of the legends of the screen.  I’m glad that Jeff and I got to visit with him at the SHOT Show this year. The world is less colorful without him, but it’s better for his having been here.

 

Politics

The Knox Update

From the Firearms Coalition

 

Politics is Simply Complicated

 

By Jeff Knox

 

(June 25, 2009) The surprise introduction and passage of a pro-rights amendment attached to a credit card bill this spring could be a hopeful sign of things to come.  In a beautiful bit of political surgery, Dr. Tom Coburn, Republican Senator from Oklahoma put forward an amendment repealing the troubling National Parks firearms ban.  Coburn’s amendment was far superior to the new regulations adopted by the NPS toward the end of last year.  Those minor improvements were short-lived though as they were halted by an activist judge worried about the "environmental impact" of law-abiding park visitors possibly possessing guns.  Under the Coburn Amendment, National Parks and Federal Wildlife Refuges assimilate the firearms laws of their host states just as National Forest and BLM units have done without serious problems for decades.  Once Senator Coburn was able to introduce the amendment, there was little opponents could do to stop it because too many of their colleagues are from districts full of GunVoters and Senators didn’t want to go on record supporting any gun ban.  The bill passed with Senator Coburn’s amendment by a vote of 90 to 5.

Since the underlying credit card legislation was being strongly supported by the White House, the anti-rights leadership in the House couldn’t just bottle it up.  The die-hard anti-rights members who wanted to vote for the credit card legislation convinced Pelosi and company to offer the amended bill up in two separate votes, one for the main bill and one for the amendment.  That was probably a mistake because the amendment passed by a vote of 279 to 147 so now many of those 147 are going to have some explaining to do to GunVoters back home.

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The ATF Software Company?

The ATF Software Company?

By Jeff Knox

 (June 17, 2009) About a year ago, James LaMonte, founder and Chief Executive Officer of Coloseum software, was ready to release an innovative software package.  He had a client in Idaho, Red’s Trading Post, who wanted to install the software to reduce the number of minor errors on 4473’s and other federally mandated records.  But ATF rejected the variance request and asked for more information about the software.  They issued conflicting opinions, and generally held up the process for several months before finally requesting a meeting with LaMonte.  

If ATF wouldn’t approve dealers to use the software, Coloseum’s run would be a short one so LaMonte agreed to the meeting.  When they met, ATF assured LaMonte that they were not working with any other software developers and that any information he shared about his program would be held in the strictest confidence.  They said they needed more detailed information before they could grant the requested waiver to Red’s or any other dealer wishing to use Coloseum’s products. 

An ATF employee was assigned as liaison between ATF and Coloseum, studying Coloseum’s software, asking lots of questions, and implying that open cooperation would lead to ATF support for Coloseum’s products.  After several weeks of this, ATF called another meeting with Coloseum to discuss the release of the software.  At that meeting, LaMonte learned that ATF wasn’t working with other companies, they were developing their own software for filling out 4473’s and the ATF employee who had been studying Coloseum’s software was the head of ATF’s development team.

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Third-World DC

Third-World Policing in Nation’s Capital

By Jeff Knox

             (June 11, 2009) News reports were somewhat conflicted, but information suggests that officers of the federal Park Police, members of a special, FBI managed, "Safe Streets" taskforce, responded to a report of a "man with a gun," in the Trinidad neighborhood of the District of Columbia at about 8:30 on a recent Monday evening.  Witnesses say that the suspect ran into an alley where the plain clothes officers caught him, but a moment later he broke free and tried to run, at which point the officers opened fire, mortally wounding the fleeing suspect in the back.  A gun was found at the scene.

            This is the same neighborhood in DC where Metro Police have been setting up roadblocks requiring people to prove residency or a "valid reason" before entering the neighborhood.

            It seems that local and federal authorities think they’re operating in a third-world country rather than the nation’s capital.  

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The Gun Rights War

Neal Knox – The Gun Rights War

A new book from the Knoxes

        July 4, 2009 marks the 25th anniversary of The Firearms Coalition and our bi-monthly newsletter The Hard Corps Report.  It also marks the release of a long overdue book, Neal Knox – The Gun Rights War.  Dad always wanted to write a history of the gun rights movement and it turns out that he had already done so in his columns and articles while the history was being made.  Now, thanks to a lot of hard work by my brother Chris, it is finally about to be released. (See the cover copy here)

As we prepare for the book’s July 4 debut, we thought it appropriate to reprint the story of Neal Knox’s personal rights epiphany.  Chris chose this story as the prologue to the book and we offer it now to remind us all just what we’re fighting for.

 

The Belgian Corporal

by Neal Knox

In the summer of 1955, I was a young Texas National Guard sergeant on active duty at Fort Sill, Oklahoma.   A corporal in my squad was a Belgian-American named Charles DeNaer.  An old man as far as most of us were concerned, being well over thirty, Charley commanded a certain amount of our respect, for not only was he older than the rest of us, he had lived in Belgium when the Germans rolled across the low countries by-passing the Maginot Line on their way into France.   He had seen war.  

One soft Oklahoma afternoon, sitting on a bunk in the half-light of an old wooden barracks, he told me his story.

Continue reading The Gun Rights War