Gun Show "Loophole" Bills Update

As Sebastian notes, a measure to close the "gun show loophole" failed in the House Militia, Police and Public Safety Subcommittee. Though this was not the only legislation trying to shut down private sales at gun shows, it likely means that the effort is dead this year.

HB1234, the bill that was voted down, and SB595, its Senate companion, have a very broad definition of "firearms show vendor" that included anyone who sold any firearm at a gun show, including in the parking lot outside. This was likely prompted by the 20/20 segment where Omar Samaha was able to buy a gun in a gun show parking lot. Good riddance.

However, HB520 is still sitting in the same subcommittee. It requires anyone who arranges for a fixed location from which to sell, transfer, or exchange firearms at a gun show to have a Federal Firearms License (FFL). This isn't a sea change - I'm pretty sure most people with booths have FFL's already. However, it requires anyone who sells three or more firearms, regardless of having a booth or not, to have an FFL. While I think that the gun show push is an uphill one, this bill has an incrementalist approach that gun rights supporters need to watch out for.

As always, the VCDL Legislation Tracking Tool is a good place to keep an eye on these things.

Virginia Church Carry Ban

One of the proposed bills (HB 106) in the Virginia legislature repeals both the restaurant carry ban and the ban on carrying a concealed handgun at a house of worship where services are occurring "without good and sufficient reason."

When I teach my legal seminars, I am up front about the church carry ban. I have no idea what constitutes a "good and sufficient reason." Neither does anybody else.

I strongly suspect that this is a variation of the "Black Codes" that Uncle and Thirdpower are highlighting. The Black Codes kept Blacks disarmed in the South after Reconstruction faded away. Georgia was one of the first states to offer a handgun carry permit - an excellent way to restrict who was carrying based on race. Bans on carrying to church grew out of the fact that once Blacks had guns, the Klan wanted a place where Blacks could be assembled and disarmed.

I've wanted to find the legislative history on this statute for a while and write a law review article on how its discriminatory nature makes it unconstitutional. I'd be happy if they just repealed it instead.

Good Year for Gun Rights

With a gun freedom-friendly governor in office and a bevy of gun bills (both good and bad) this year promises to be an interesting one in Virginia gun legislation. The Virginia Citizens Defense League (VCDL) has a handy legislation tracker here.

Roundup on VCDL Lobby Day

Sailor Curt has a roundup of the 2010 Lobby Day in Richmond. With a gun-friendly majority and McDonnell in office, I hope for a good year in Virginia gun legislation.

Indiana Parking Lot Bill

Indiana has a bill pending that would allow employees to keep a firearm in their car on the employer's parking lot. Caleb has the rundown with some relevant links from Oklahoma, Florida, and the Department of Labor.

Weapon of Mass Destruction or Sawed-Off Shotgun? Yes!

Tam has a post up on the somewhat goofy terminology statutes use to define explosives. A man in Arkansas set off a car bomb and was charged with use of a "weapon of mass destruction." Same with the Undie-Bomber. No nukes involved in either case.

I'll give you one better. North Carolina defines a litany of things as a "weapon of mass destruction" - including short-barreled rifles and shotguns. It's not a post-9/11 development, either. Here's a pre-9/11 case interpreting the statute on appeal.

Mayor Bloomberg's Blueprint for Gun Control

Pretty scary stuff - Bloomberg's plan is to push the regulatory powers over firearms to the max, which doesn't require a vote in Congress. Via Sebastian at Snowflakes in Hell.

Barista pulls gun on would-be robber

Don't mess with this barista. Video at the link.

Security Guard Attacks Open Carrier

Yes, you read that right. An open carrier in Georgia gets attacked by a security guard at a big box store. The OC'er promptly knocked out the guard and the cops show. Reading through the posts (so you don't have to) the OC'er won't be charged with anything.

Back to the blog!

I've been away from the blog for a while - my day job kept me away - but I'm back.

Med Student Kills Thief with Samurai Sword

Yes, you read that right. Go check out this post at the lawblog The Volokh Conspiracy and read the comments. Best one so far:

"I would charge him with being unbelievably awesome. The penalty would be appearing in a movie based on his exploits."

Self-Defense and Negligent Discharge Stories

A South Carolina resident gives his story on how a Glock 27 saved his bacon here. Pretty good write-up, warts and all. (H/T Sebastian)

Two men involved in a negligent discharge at a gun show get community service.

North Carolina case: would-be burglars chased off, man who fires shots at them as they are leaving is cited for discharging a firearm within city limits.

IDPA Indoor Nationals

Here's a Shooting USA clip on the 2008 Smith & Wesson IDPA Indoor Nationals. Great low-light scenarios every year at this match.

Asserting Your Rights

The excellent Flex Your Rights organization spells it out. Text at the link, video below:

Why You Shouldn't Talk to the Police

Here's a good law professor-cop duo spelling it out for you.

Police Officers and Gun Safety

We are often told that only military and law enforcement personnel should have guns. Here's a golden oldie from a decade ago after D.C. police switched from revolvers to Glocks.

I recommend reading the whole thing, but let's just see how many of the Four Rules the officers clearly violated, often with catastrophic results. Italics below are mine.

Rule One: All guns are always loaded.

The first accident occurred in February 1989 – less than a month before the
guns reached officers on the street. Officer Adam K. Schutz was helping to test
and clean the first shipment of guns when he shot himself in the fingers.
"It bit me," said Schutz, who was left with permanent damage to a finger on
his left hand. "I was moving my hand to lower the slide and it jumped forward. I
had assumed the gun was unloaded."

Keep in mind that this is someone in the armorer's shop. It gets better.

Rule Two: Never let the muzzle cover anything you are not willing to destroy.

In January 1994, homicide detective Jeffrey Mayberry shot Officer James Dukes in
the stomach at police headquarters. "I hear a loud bang and Dukes is slowly falling to the floor," Detective Joseph Fox, Mayberry's partner, said in a deposition. "Jeff jumps up and says, 'Dukes, I didn't mean to do it, I didn't mean to do it.' "
Dukes said in a recent interview, "He was playing with the weapon. This was the second time I had told [Mayberry] during that tour of duty not to point the weapon at me."

Sorry, dude. Didn't mean to sweep you with my Glock and plug you in the gut.

Rule Three: Keep your finger off the trigger until your sights are on the target.

In October 1990, Officer Edward Wise fired accidentally and grazed a man's
head during an undercover drug operation at a Southeast Washington housing
complex, according to police and court documents. Wise said he had been
struggling with the man, Barry Braxton, who was unarmed. Braxton sued and
collected a $55,000 settlement from the District.
Sabrina Whittle, who was
Wise's partner, said in a recent interview that she and her partner were not
taught to keep their fingers off the triggers of their Glocks unless they
intended to fire.
"The most we had to go on was common sense," said Whittle,
then a 21-year-old police rookie, now a security guard. "It was dark and late
and we were scared. I know that, both of us being scared, he had his finger on
the trigger. Obviously, [with] your finger on the trigger, you're
prepared."

Yes, prepared to accidentally shoot someone. The fact that this is in the paper and not buried in some investigation report, and that the former officer doesn't realize how wrong-headed it is - eesh.

Rule Four: Be sure of your target and what is beyond.

In March 1993, Officer Lakisha Poge fired a round through her bed while
unloading a Glock in her apartment, a police report states. The bullet went
through the floor and hit Glowdean Catching in the apartment below. Catching,
who was wounded in both legs, has a suit pending against the District. Poge, who
has left the department, could not be reached for comment.

In this officer's defense, you could do worse than a bed and a floor as a backstop.

There is nothing magical about being in the military or carrying a badge along with your gun. There are people who invest in safe gun handling and proficiency. Sometimes those people happen to serve in the military or in law enforcement agenices. Sometimes they don't.

Link Rodeo 8/28/09

Rock, paper, scissors. Real gun trumps nail gun.

ATF changes its mind and will consider permanently attached 1.5" muzzle brakes as part of barrel length to meet the 16" minimum for rifles. In related news, I am not a federal felon.

David Hardy provides a link to the new NRA guide to interstate transportation of firearms and some coverage of the suit against the NYC/New Jersey Port Authority for arresting travelers at airports even though the TSA has said that they are transporting firearms in accordance with federal law.

Negligent Discharge in Virginia = Class 1 Misdemeanor

I talk about this in my legal seminars, but you don't hear about too many of these incidents. A guy dropped his Glock, tried to catch it while it was falling, and caused a Negligent Discharge (ND). (H/T Uncle)

The posting at AR-15.com is already at eight pages of discussion, but the bottom line is that if you put a round through your wall and it goes through the next three townhouses, expect the law to get involved. Also, Glocks have internal safeties that prevent a discharge upon impact with the floor. Let it drop.

Emergency 911 Cell Phones

In my post on Go-Pants I mentioned the importance of having a cell phone (or pocket to carry one) in your home defense kit. In this post, I'll discuss a gadget that makes this easier.

But first, let me clarify: though I didn't mention it, I was certainly armed when the suspicious character in my Go-Pants post knocked on the door. I wouldn't answer the door under these circumstances unarmed. Sebastian voiced this concern, I just wanted to set the record straight.

Back to helpful gear. In this comment, Joe recommends having an old cell phone handy because all cellphones are required to dial 911 free of charge. Sounds like a good idea. I'll have to dig up an old phone and keep it handy.

If you don't mind paying money for an emergency phone, the folks at 911phone.net have you covered. A student brought one of these in to my last legal seminar on self-defense laws in Virginia, and it seemed pretty useful. It comes with a neck lanyard (all the better to record your defensive encounter with while keeping your hands free to manipulate a handgun, flashlight, and guide loved ones to safety) and a single button preprogrammed to dial 911. The price seems a bit steep - $189.95, but there are no monthly fees associated. I'm not sure on dropping the scratch to get one, but if price were no object the simplicity of it is hard to argue with. Here's a picture:

Anyone own one of these things? Is the money worth it or is there some charitable cell phone recycling program that achieves this on the cheap?

Don't Brandish in a Bank

You'd think this would go without saying, but some guy in Florida did so rather innocently. In an open carry state like Virginia this is less of a problem, but since Florida has no open carry even casual exposure of a concealed handgun is a big deal. Read the whole thing. (H/T Robb)