Tag: gun control

Wednesday Links

The Good, The Bad, and The Ugly

The Good: Congressional investigators are in Arizona to gather information on the ATF’s ill-conceived “Gunwalker” operation that supplied Mexican drug cartels with weapons. As I wrote at National Review, street agents objected from the beginning, but were told in no uncertain terms to pipe down:

Agents raised warnings to their superiors about the quantity of sales and the rising violence across the border, but were told that the operation had been approved at ATF headquarters. They were also told that if they didn’t like it, they were welcome to seek employment at the Maricopa County jail as detention officers making $30,000 a year.

I’d like to think that investigators will find that managerial incompetence was the culprit and not intentional facilitation of cross-border violence in order to hype gun control for the sake of Mexico. We’ll see.

The Bad: Philadelphia TSA screener Thomas Gordon has been arrested on child pornography charges.

The Ugly: Unions worked (for unrelated reasons) to keep said TSA screener in his job a few months before his arrest.

Thanks to AFGE’s legal assistance, a TSO at Philadelphia International Airport will remain employed at TSA after being proposed for removal. TSO Thomas Gordon had difficulty maintaining his work schedule because he had to take care of a family member…

“It means a great deal to me to know that my union — AFGE — has my back in situations like this,” Gordon said.

Now that the TSA screener workforce has voted to unionize, the only question is which union will represent them. Expect a stout union defense against any allegations of TSA excesses in patting down children or attractive women. If a union doesn’t defend the bad apples, it isn’t doing its job. Just ask the families of Sal Culosi and Erik Scott.

Political Trends and Gun Control Politics

From today’s Washington Post:

During his campaign, Obama supported reintroducing the lapsed assault weapon ban, promised to eliminate an amendment requiring the FBI to destroy records of gun buyers’ background checks and advocated closing the gun-show loophole. Since taking office, the president has done none of that, and before the midterm elections, he shelved a proposal requiring gun dealers to report bulk sales of high-powered semiautomatic rifles. In his State of the Union address, just weeks after the Giffords shooting in January, Obama made no mention of guns. … Other leading Democrats, even those traditionally willing to offer full-throated support for gun-control efforts, have grown surprisingly less vocal as they take on more of a national role.

The Dems have lost enthusiasm for gun control.  No question.  But seems to me that media interest is also a big factor here.  When the news media turned from Gabrielle Giffords to Libya, that’s where Obama went next.

For related Cato work, go here and here.

Young Man Control

Instead of directing their energies on gun control, P. J. O’Rourke says liberals might want to focus on the real source of violence in our society and propose some “Young Man Controls,” such as longer young man waiting periods and young man registration. Not a ban, but common sense young man controls.  

Hey, there’s already some movement in that direction—in the crucial pre-young man phase.

For Cato work on gun control, go here.

Gun Owners in the District of Columbia

The Washington Post has an interesting article about what has happened in the city since the Supreme Court declared the city’s gun ban unconstitutional in the landmark Heller decision in 2008.  Basically, hundreds of residents have registered thousands of firearms. More than 2 years have passed and the predicted mayhem is not here. DC Mayor Fenty called the court ruling an “outrage” and said the ban was necessary to stop residents from intentionally or accidentally killing one another.  Paul Helmke of the Brady Campaign says the debate over the ban is not over yet.  Several more years of data gathering will be necessary.  And so the debate rolls on!

For more on this subject, check out the Cato book on the Heller case,  Gun Control on Trial  by Brian Doherty.  Still more here, here, and here.

ATF: Laws are for the Little People

That’s the only message I can take away from the ATF proposal to require Federal Firearm License (FFL) holders to report the sale of two or more semiautomatic rifles that accept detachable magazines in states along the border with Mexico. In other words, this is gun control for the sake of Mexico.

Thing is, the proposal breaks the law. The ATF doesn’t have the authority to do this.

As David Hardy notes at Of Arms & the Law:

There are several violations of the Gun Control Act, as amended by the Firearm Owners’ Protection Act. First, 18 USC §926(b) provides “The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.” This is stricter than the Admin Procedure Act’s general provision for a “reasonable” comment period, and it has no emergency exceptions. ATFE is only giving 30 days’ notice.

Second, the FOPA amendments were intended to cut off future requirements of direct reporting – I say future because the existing regs (including reporting of multiple handgun sales were grandfathered in, but limited to those specific requirements. Thus far and no farther.

The ATF’s action provokes a court contest over the limits of the agency’s powers, which are clearly being exceeded. The litigation will provide another opportunity for Hardy’s excellent article about the legislative history of the Firearms Owners’ Protection Act to get cited in federal court.

All of this is unnecessary and lawless. There is a legitimate way for allowing the ATF to take this action: amend the law. Instead the Executive is ruling by regulatory fiat, damaging and degrading the rule of law. Unfortunately, there’s a lot of that going around these days.

Brian Aitken’s Sentence Commuted

New Jersey Governor Chris Christie has commuted the seven-year sentence of Brian Aitken, the man wrongfully convicted on firearms charges under that state’s draconian gun laws. Good.

While a full pardon seems more appropriate – the judge in this case should have given the jury instructions on the “moving exception” that protected Aitken – this is at least recognition of an injustice and relief for one man and his family.

The New Jersey state judicial system’s webpage describes the grand jury’s function as “a screening mechanism to protect citizens from unfounded charges.” That didn’t happen in this case. For more on this phenomenon, read this Cato Policy Analysis, “A Grand Façade: How the Grand Jury Was Captured by the Government.”

For more Cato work on criminal justice, check out Tim Lynch’s excellent book, In the Name of Justice.