Wednesday, February 27, 2013

Local Sheriff Says Agency Will Ignore Gun Control Laws - YouTube

Local Sheriff Says Agency Will Ignore Gun Control Laws - YouTube: Local sheriff tells V.P. Biden: I will not enforce new gun bans

Linn County (Oregon) Sheriff Tim Mueller: you are the man of the hour!

HB3200 & the Fourth Amendment

[begin rant]

From Oregon's House Bill 3200 (Oregon's Proposed "Assault Weapon's Ban); Section 4, Paragraph 5:

(5) A registered owner of an assault weapon or large capacity magazine is required to:
(a) Securely store the assault weapon or large capacity magazine pursuant torules and regulations adopted by the department;
(b) Allow an inspector from the department to inspect the storage of assault weapons and large capacity magazines to ensure compliance with this subsection;
(c) Possess the assault weapon or large capacity magazine only:
(A) On property owned or immediately controlled by the registered owner;
(B) On the premises of a firearms dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful repair;
(C) While engaged in the legal use of the assault weapon or large capacity magazine at a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting; or
(D) While transporting the weapon in a vehicle as permitted in ORS 166.250; and
Two issues are immediately apparent here ... quite apart from the obvious Second Amendment:

  1. Subsection (b) is in violation of the Fourth Amendment of the constitution:
  2. Subsection (c)(B) requires licensing of ANYONE who works on your firearm or your magazine outside of your home.
Let's look at the text of the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The "inspector" would need a search warrant.   This bill would place your home, where you keep your personal firearms, in the same category as an industrial environment where explosives or caustic chemicals are stored.  WTF?  A 17-round pistol magazine is as dangerous as TNT?  

As for licensing gunsmiths ... why?   Why can't my friend, who knows more about guns than I do, perform repairs on my AR15?  Or my Garand, which (if I understand the definition of "assault weapon" would also be classified as an "Assault Weapon"?  Or fix my 17-round pistol magazine, for that matter?  This is analogous to requiring that my cousin be licensed before he can fix my car under the spreading chestnut tree in his back yard.  This, in the country which once lauded "The Village Smithy"?

We don't need no stinkin' license.  This is America, dammit.

Okay, so much for constitutional issues and unreasonable governmental regulation of trade.

There's one more line that I want to bring up:   Section 4, paragraph 4:
(4) A person may not register more than one assault weapon and three large capacity magazines under this section. Additional assault weapons and large capacity magazines must be disposed of in the manner specified in section 3 of this 2013 Act.
Well.  Isn't that special?

I carry three (or four) magazines for my Limited gun, and the same for my Open gun.  Different calibers, they require different magazines.  So, even though my Limited gun would NOT be an "Assault Weapon" and my Open gun MAY not be, I still can't choose which division I want to compete in because I just plain can't own that many magazines.

Don't tell me I don't "need" them;  when I shoot my Beloved Kimber at a match, I have six or eight single-stack magazines on  my belt, because when you have limited magazine capacity you often have to reload every time you move, dropping a magazine which still has ammunition left in it.  Standing Reloads are not competitive, and they are embarrassing.  Worse, when you have a jam and drop a full or almost full magazine, you "need" to have more magazines that you might have expected.

I'm a Grumpy Old Man.  At my age, I don't need the irritation of a bunch of leotard nit-wits screwing with one of the few pleasures left to me:  I can't sing, my woman is gone, and I already drink more than is good for me.  Now they want me to hang up my guns?

This whole Registration/Confiscation/Class B Felony thing pisses me off.  Who do these yahoos think they are, telling me I can't play with guns?

What a bunch of maroons.

Excuse me, I need to go replace the duct-tape wrapped around my head.  And pour myself a drink, while I cool off.

[end rant]

Monday, February 25, 2013

OREGON: Worst Gun Laws in America?

Oregon House Bill 3200:  Summary

The  following  summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to  consideration  by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.

Creates  crime  of  unlawful  possession  or  transfer  of  assault  weapon  or  large  capacity  magazine.  Punishes  by  maximum  penalty  of  10  years’  imprisonment,  $250,000  fine,  or  both.
Requires  current  owners  to  dispose  of or register assault weapons and large capacity magazines.
Directs  Department  of  State  Police  to  conduct  background  checks  and  maintain  registry  of  assault  weapons  and  large  capacity  magazines.
Declares  emergency,  effective  on  passage.
This bill was introduced on my birthday to the Oregon State House of Representatives.

Michael Malkin has some unkind words to say about it.

Essentially, this bill includes:
  • Registration
    •  owners of "high-capacity" magazines and/or "Assault Weapons) must dispose of them either by selling (to a dealer who also must not possess this "bad stuff")
    • .or or turning them over to a governmental agency (without compensation)
    • or 'rendering (them) inoperable
    • or "registering" it/them.
And of course, after registration comes confiscation.

Assault Weapon: whatever we say it is
Hi Capacity Magazine: whatever we say it is (so far: 10 rounds)
 Actually, the provisions of this bill are nothing new at all at all at all.  See "1994 Assault Weapons Ban"(NOTE: A Wikipedia link.  As much as I am loath to accept Wikipedia as an authoritative resource, I'm inclined to cite them if only because their articles are subject to review by contributors with 'opinions' which may not directly agree with those of the original authors.)

Here's the Washington Post's take on the effectiveness of the 1994 Assault Weapons Ban .. essentially, they think it was A Good Idea, but ten years was just not sufficient time to properly evaluate the laudable effects of the law.

Factcheck (an Annenberg project) strongly implies that the 1994 ban on assault weapons showed a lowered risk by "assault weapons" but it was offset by crimes involving "hi-capacity magazines".

Obviously, Oregon Liberal Representatives have decided to correct the errors of preceding administrations by banning both.

The National Institute of Justice, in a research brief, disingenuously observed that:

A number of factors—including the fact
that the banned weapons and magazines
were rarely used to commit murders in
this country, the limited availability of
data on the weapons, other components of
the Crime Control Act of 1994, and State
and local initiatives implemented at the
same time—posed challenges in discerning
the effects of the ban. The ban appears
to have had clear short-term effects
on the gun market, some of which were
unintended consequences: production of
the banned weapons increased before the
law took effect, and prices fell afterward.
This suggests that the weapons became
more available generally, but they must
have become less accessible to criminals

because there was at least a short-term
decrease in in criminal use of the banned
[emphasis added] Note that the comment "prices fell afterward" doesn't mean that prices fell after the ban took effect; it refers to the fact that prices fell after the "SUNSET CLAUSE" in the original bill took effect in 2004!  As for the comment that "...they must have become less accessible to criminals..."; that strikes me as especially facetious, in that criminals have always had access to banned items.  That IS their Job Description!


The State Representatives are all Democrats.  The State Senators are all Democrats.

I've written to MY state representative.  If you live in Oregon, I suggest you do the same.

Perhaps you'll manage to sound less outraged than I did.

UPDATE: February 25, 2013

I received a response from my state representative at 06:20 am this morning:
Thank you for your letter about HB 3200.  I am not one of the co-sponsors of the bill and I do not serve on a committee that considers gun related bills, so I have not had time to look at it carefully since it was introduced on Friday.  It is my understanding that gun bills are unlikely to receive hearings this session.  In the event the bill does come out of committee, I will remember your concerns as I evaluate the bill in its final format.

Thanks again for writing.


Representative Sara Gelser
Chair, House Education Committee
House District 16 (Corvallis/Philomath)
(503) 986-1416

Sunday, February 24, 2013

Nigerian Letter: HK Version

It happens every now and then, and I usually ignore it completely.  I get another version of "The Nigerian Letter" (the "419" scam) inviting me to give them sufficient information for them to find, and raid, my bank account.

Here's the full text of the letter, FYI:
Attention: Respondent,

I am currently attempting to acquaint myself with your family history  
in order to make you the heir suitable to inherit the estate of our
customer( now deceased) because you bear the same last name with our
late customer. I want you to partner with me and receive this fund in
your account.

During the course of our auditing, I discovered a floating fund
($11.5m) in an account opened in the bank in 1999 and since then
nobody has operated on this account that belongs to this our late
Customer who hailed From your country hereinafter referred to as our
customer who
worked as contractor with Chevron/Texaco an oil magnate in my country
and was killed as a result of an attack from Niger Delta Militants.

Hence, we are currently handling a high valued financial portfolio of  
our late customer who clearly shares your last name and it was
recommended that I contact you. In looking for a suitable heir
apparent to our late customer, I am specifically interested in the
following information:

1. Your full names (no initials pls.)
2. Your Contact address.
3. Your Telephone and Fax number.
4. Your Date of Birth:
5. Your Current Occupation.

Could you please send me the information I have requested, along with  
any other information about you or your family history that might be
relevant? I need to make an important decision fairly soon about the  
administration of his estate on intestacy, so please send me the
information at your first opportunity today. Contact us for more
detailed information about this case.

Thank you for your assistance.

Mr. Chris David.

This message was sent using IMP, the Internet Messaging Program.
Essentially, this complete stranger expects me to provide sufficient information that he can at least made a 'good effort' to discover my Social Security Number.  That, with my full legal name and current address,  along with my DOB, might be sufficient to access my SSN account along with any other 'fiduciary' accounts I have.

I know you can't easily read the screen-shot of the original email, so here's the information about the sender:
SENT BY:  "Audit / Account Department"
The first thing to notice (and a give-away that it's bogus, if you didn't already notice) is that the reply email address isn't the same as the "from" email address.


Also, email does not directly cite either my name or my email address ... another sign that it's a 'mass email'.  Most of the information requested does not seem necessary.  The email address to which the prospectus was sent does not include my family name, and never has, so the author couldn't know MY last name.  How would he have matched me to the supposed deceased relative?

It's all just bogus, free-lance larceny, and we all benefit from any pressure we can apply to these predatory bastards.


I know I've talked about this before, here.  In accordance with my "Bad Example" life experiences, I  once again present  this warning that if you EVER get an email like this, do what I did: forward it to the FBI.   Their "Common Fraud Schemes" website will help you to find the best way to do that.  Look under the sub-heading:
Tips for Avoiding Nigerian Letter or “419” Fraud:
 Just find the link to "... contact your nearest FBI office   ... " and get the email address.

Don't delay, do it today!

If nothing else, you may get an email from the FBI, and won't THAT be exciting!

NOTE:  If you're one of those people whose priority is to "fly low", you may choose not to report the email.  On the other hand, if you are really "maintaining a low internet profile", you probably won't receive one of these emails, anyway.

AAARGH! My CHL License has Expired!

Yesterday was my birthday.

A couple of nights before, it occurred to me to look at all the cards in my wallet to see if I need to renew any of them:  driver's license, credit cards, library card, Costco card,  and ... Concealed Handgun License (CHL).

Oh dear!  My CHL expired in November of last year!

This only goes to show how much importance I put on it.   I monitor my credit cards and their associated accounts constantly, but when is the last time I looked closely at my CHL?

A little background is required:  I originally applied for it because I frequently carry firearms in my car.  Without a CHL, I'm not sure what my legal obligations are.  If I casually toss my range-bag in the back seat of the car, it's conceivably within reach.  And there's always ammo in the bag, if not loaded in either the magazines or the gun itself.  Am I violating a law?  I don't know, from one year to the next.

So I applied for, and eventually received, a CHL.  No more worries.  Even a gun in my car fall (under certain circumstances) as a "Concealed Handgun", I'm covered.  I actually  renewed the five-year license before it expired last time, but I fear I have become complacent since then.

Now that my CHL has expired I find that renewal falls within an entirely new set of regulations.  Here are the five-step list of regulations which I must satisfy before I can renew my license:

  1. Fee: $50.  (exact change, or a check for the exact amount)
  2. APPLICATION FORM. Must be completely filled out, legible and signed. IMPORTANT NOTE: If your license has been expired for less than 2 years, you will also need to have two character
    references complete and sign the “Handgun License Required References” form. If your license
    has been expired for more than 2 years, you cannot renew, but will need to re-apply for an original
  3. NEW REQUIREMENT EFFECTIVE MARCH 1, 2011: PROOF OF CITIZENSHIP. Birth certificate, passport or appropriate INS forms.
  4. PICTURE. A picture of you will be taken when you turn in your completed application.
I don't have any major problem with the fee, or the picture.  In fact, I don't have a major problem with the proof of citizenship .. except that I had to provide that to receive the original license, so why do I have to duplicate the effort. Actually, in my state, I had to provide a birth certificate before I could get my driver's license renewed .. wow!   This in a state where the Matricula Consular document is accepted in lieu of a 'natural citizen' birth certificate for most business ... including a drivers license!  Okay, it's an illogical pain in the ass, but I can do that.  (I can't tell you how long ago I originally received my drivers license, but I assure you that my citizenship hasn't changed.) 

(On the other hand, I do agree that the criteria for a concealed handgun license should be different from/more stringent than that of getting a drivers license because a drivers license is a right, and toting a gun is only supported by the constitu ..... oh.  Never mind.   Maybe it's because more people are killed and maimed every year by cars than by ... uh ......)

The only real problem I have is with the need to have Character References.  I hate to go around begging for friends to sign a form saying that I'm sane enough to carry a handgun.  It's demeaning!  If I recall correctly, the original license application was supported by my landlord and the President of the local gun club.  They didn't need to provide any documentation about THEIR citizenship, thank goodness!)

I really should have addressed this months ago, but I didn't, and I accept my own responsibility for being too complacent.  In the mean time, I can't apply for my renewal until next week,  so I have a few days to dig my Birth Certificate Registered Copy out of my files, and print the application forms and all.  (Small personal problem, my printer doesn't work;  I'll depend on my friends to help me out.)

What this, is ... once again, my life mission seems to be to serve as a bad example for the edification of friends and family.  If I had renewed 3 months ago, the process would have been much simpler.

My Bad.