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Oregon Democrats introduce “ghost gun” ban, age restrictions, and more

March 17, 2023 by Cam Edwards Leave a Comment

With Measure 114 on hold thanks to the courts, Oregon Democrats are hoping to use their lopsided majority in the state legislature to impose more restrictions on the state’s responsible gun owners. Three new anti-gun bills have been introduced in Salem, and the first hearings are already set for next week.

The bills aren’t duplicates of the pistol-purchase-permit and ban on “large capacity” magazines that were narrowly approved by voters last November and put on ice by a Harney County judge shortly thereafter. Instead, the measures are targeting home-built firearms, raising the age to purchase a firearm, and creating new “gun-free zones” where lawful concealed carry would be banned.

The three new bills are:

  • House Bill 2005 would punish the manufacturing, sales and possession of undetectable firearms intended to skirt security screenings and untraceable firearms  that lack a serial number.
  • House Bill 2006 would increase from 18 to 21 the legal age to purchase or possess a firearm. The proposal would have exceptions for firearms used for hunting and for people younger than 21 who are in the military or police officers.
  • House Bill 2007 would allow cities and counties to restrict people licensed to carry a concealed handgun from possessing a firearm on the agency’s buildings or grounds.

All three bills are scheduled for informational hearings and public discussion next Wednesday, and House Bill 2005 is also scheduled for a vote on March 28.

No Republicans have signed onto the bills as sponsors. House Republican Leader Vikki Breese-Iverson, R-Prineville, said lawmakers in her party will scrutinize the legislation as it moves forward.

“Our caucus’ purview as it relates to firearms is as follows: House Republicans will always fight for the constitutionally protected rights of law abiding gun owners in Oregon,” Breese-Iverson said in a statement. “As we continue to wade through this legislation, our position will remain that law abiding gun owners should not be punished for the actions of criminals.”

Which is clearly not the position of Oregon’s Democratic majority. In their view, the best way to improve public safety is to turn the right to keep and bear arms into as many criminal offenses as possible, and for several years now they’ve been able to point to the shocking rise in violent crime in Portland as a big reason why more gun control laws are needed.

As it turns out, though, homicides in the city are down considerably this year, despite the fact that no new gun control laws have gone into effect between 2022 and now.

According to the police, nine people were killed in Portland in January and February of this year, most by shootings. That compares to 19 during the first two months of 2022 — a 53% decrease.

Police responded to 160 shootings in the first two months of 2023. That compares to 245 in the same period last year — a 35% decrease.

The only figure that did not change was the number of non-fatal shooting injuries. There were 44 in January and February 2023 compared to 44 in the same period last year.

The decreases are a welcome trend, especially if it continues through the year. There were 94 homicides in 2022, the most ever recorded in Portland. There were 1,306 total shootings last year, a slight decrease from the 1,315 in 2021 but significantly more that the 916 in 2020.

It is unclear why homicides and shootings have fallen so much. Although the bureau has hired additional officers in recent months to address a staffing shortage, most are still being trained and have not been deployed.

Crime is complex, so there are a variety of factors at work here, but the addition of new gun control laws isn’t among them because Measure 114 hasn’t actually taken effect. As KOIN-TV reports, though, changes in policing tactics and strategies appear to be paying off. The Portland Police Bureau has been working with Dr. Jeffrey W. Tyne from the OHSU Knight Cancer Institute’s School of Medicine to dig into the data around the department’s Stolen Vehicle Operations efforts to stop stolen vehicles, and the department says the data-driven approach is paying off.

In the non-evidence-based practice missions conducted by the SVO team, only one in every 31 vehicles stopped was occupied stolen, and the arrest ratio was one in every six, with a gun being found in one out of every 144 vehicles being stopped.

But in the missions conducted after the evidence-based practices were applied, the number of stops decreased, but the likelihood of finding a stolen vehicle being actively driven greatly increased. According to the bureau, now one in every six vehicles stopped by the team is a stolen, someone is arrested once in every three stops, and a gun is found in one out of every twenty-six stops.

It’s amazing what happens when you take a targeted approach to combatting violent crime rather than casting a wide net over generally law-abiding citizens in the hopes of ensnaring bad actors as well. Using this data-driven strategy far fewer stops are being made, which means far fewer needless encounters between police and legal owners of their vehicles, and yet more car thieves are being uncovered and arrested and more illegally-possessed firearms are being recovered.

Tactics like these are a much better way of addressing violent crime than forbidding young adults from exercising a fundamental right, turning the possession of a home-built firearm into a criminal offense, or telling concealed carry licensees that they’re forbidden from bearing arms on county-owned property. Oregon doesn’t need any more gun laws to reduce crime, but Democrats know that the only way they can cut down on the number of legal gun owners is to criminalize the right to keep and bear arms.

Filed Under: <![CDATA[Concealed Carry]]>, <![CDATA[ghost guns]]>, <![CDATA[Gun Owners]]>, <![CDATA[Oregon]]>, <![CDATA[under-21 gun ban]]>, <![CDATA[Video]]>, Bearing Arms, News

Federal judge expands block on Biden’s “ghost gun” rules

March 10, 2023 by Tom Knighton Leave a Comment

Homemade firearms have been around since before this nation was a nation. They’re a way of life and have been for ages. Today, though, such firearms are called “ghost guns” and are treated like some kind of grand scourge.

It’s the pretext the Biden administration needed to step in and try to restrict these “ghost gun” kits that make it easier for law-abiding citizens to make their own guns.

And now the administration has yet another setback on that front.

The ATF can no longer enforce its unfinished-gun-parts ban against one of the foremost makers of homemade firearm kits.

Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas, a George W. Bush appointee, issued a preliminary injunction on Thursday extending protections against the government’s new regulations on homemade gun parts to Defense Distributed. The ATF can no longer implement its rule in regard to the company or its customers. The judge found those rules, proposed at the request of President Joe Biden (D.), are likely unconstitutional and cause an undue burden on the parts maker.

Judge O’Connor wrote in VanDerStok v. Garland that “[t]he Government’s likely ultra vires enforcement efforts upset decades of ATF regulatory precedent against a public that has relied on that historic posture” and “the liberty interests of law-abiding citizens wishing to engage in historically lawful conduct (dealing in now-regulated parts)—which Defense Distributed shares—outweighs the Government’s competing interest in preventing prohibited persons from unlawfully possessing firearms.”

The decision adds the company, which has been at the forefront of 3D-printed, home-machined gun designs, and litigation over both for years, to a small list of other manufacturers that O’Connor has exempted from the rule. While a different federal judge previously denied an attempt by gun-rights advocates and Republican Attorneys General to have the rule blocked on Second Amendment grounds, Judge O’Connor has found Defense Distributed and the Second Amendment Foundation’s argument the ATF overstepped its authority under the Administrative Procedure Act (APA).

The ruling is another blow to President Biden’s efforts to unilaterally tighten gun regulations through ATF rulemaking rather than legislation. It comes just a few weeks after the Fifth Circuit Court of Appeals ruled the agency’s bump-stock ban violated the APA. Both decisions foreshadow potential legal troubles for Biden’s other major gun rule: the pistol-brace ban.

This, of course, is very good news, in part because each setback for the Biden administration and the ATF in the courts is a win for the Second Amendment, and not just on the “ghost gun” issue, but all of it.

Let’s make no mistake, all of these rules are, in fact, an infringement on the Second Amendment, especially in light of the Bruen decision. There is no likelihood of a late 18th-century/early 19th-century law restricting the sale of parts that could be turned into a gun, for one thing, nor does the bump stock ban conform to the NFA’s definition of a machine gun.

In all of these cases, the ATF has overstepped its authority, generally at the behest of the White House. It doesn’t matter whose butt is in the seat in the Oval Office, any infringement is unconstitutional, based on the plain text of the Second Amendment.

These more than qualified under that principle.

The downside here is that this isn’t a permanent thing. Not with “ghost guns” or any of the rest. The fight on this is far from over, which means advocates will need to gear up for additional efforts. Most of those will be in the courts, where grassroots activism will hold little sway, but the organizations challenging such laws will need support.

In time, maybe we’ll finally convince the gun control crowd that the Constitution isn’t on their side no matter how much they try to willfully misread it. Probably not, but we can dream.

Filed Under: <![CDATA[federal court]]>, <![CDATA[ghost guns]]>, <![CDATA[Gun Control]]>, <![CDATA[Guns]]>, <![CDATA[homemade firearms]]>, Bearing Arms, News

Connecticut AG sues “ghost gun” companies

March 8, 2023 by Tom Knighton Leave a Comment

I’ve written more about so-called ghost guns than I ever wanted to. Mostly, though, it involves pointing out all the reasons why the issue isn’t as big of a thing as the media and politicians want to make it out to be.

I have to do that a lot.

Yet the perception that these unserialized firearms represent a problem persists and has been fully embraced by a number of anti-gun states. One such state is Connecticut.

In fact, now the state’s attorney general is filing a lawsuit about them.

Seeking to crack down on gun violence, state attorney general William Tong filed a lawsuit Tuesday against four out-of-state manufacturers for shipping ghost gun parts to Connecticut.

Tong filed the civil suit against two manufacturers from Florida and one each from Utah and North Carolina after all four companies shipped the parts to an undercover investigator working for the attorney general’s office, he said.

During a press conference Tuesday, Tong displayed some of the parts that had been shipped to Connecticut, where ghost guns have been banned since October 2019.

“Ghost guns are unserialized, untraceable, unregistered, fully functional, in most cases fully automatic firearms that one can make at home,” Tong told reporters in Hartford. “These are guns that put Connecticut families, residents and law enforcement at risk because we can’t trace them. … They’re a menace.”

Except that tracing doesn’t prevent criminal acts of violence and never has.

Tracing is a process to find where a gun comes from after the fact. It’s completely useless as a tool for prevention, except maybe to ascertain whether someone is making straw buys.

Further, Tong knows damn good and well that so-called ghost guns only account for a tiny fraction of guns used by criminals. He also knows that if a bad guy wants a gun, he’s going to get one. Whether it’s a “ghost gun” or a more traditionally manufactured firearm, it’s still a gun.

So why focus on these particular guns?

That’s easy. He’s focusing on them because they’re scary. You see, Tong may genuinely want to address violent crime in his state. He may not. However, by focusing on “ghost guns,” he can signal to voters that he’s doing something.

The media has made unserialized firearms a big boogieman, often reporting how their use is “growing” or “soaring,” but providing little context that tells people that this isn’t the lion’s share of firearms used by criminals by any stretch of the imagination.

So people are freaked out. Enter Tong and his lawsuit, which looks like it’s an effort to address this horrible wrong.

I’d like to remind people in Connecticut, however, that criminals had no real difficulty getting guns before “ghost guns” were so readily available. No, unserialized firearms aren’t the problem and never have been.

But people like Tong aren’t worried about solutions. They’re worried about appearing to care about solutions so they don’t get voted out come the next election.

And none of this gets into the fact that I’m doubtful any of the vendors knowingly shipped anything to Connecticut while also knowing it was illegal for them to do so.

I could be wrong there, but I’m not wrong about them being a non-issue in the grand scheme of things.

Filed Under: <![CDATA[Connecticut]]>, <![CDATA[ghost guns]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Rights]]>, <![CDATA[Guns]]>, <![CDATA[unserialized firearms]]>, <![CDATA[Video]]>, <![CDATA[William Tong]]>, Bearing Arms, News

CA Republican wants harsher penalties for “ghost guns”

March 7, 2023 by Tom Knighton Leave a Comment

Unserialized firearms, often called “ghost guns” by politicians and the media, are much vilified these days despite accounting for only a tiny fraction of the total number of firearms used in criminal acts.

It’s a popular target because it’s scary. A gun that’s made completely outside the system, one that criminals can make on their own and bypass all the gun control we’ve put in place? That’s horrifying to tons of ordinary Americans who know little about how criminals actually arm themselves.

To them, a ghost gun represents a horrific situation.

But the truth is that we’ll have such firearms with us now and forever. We’re an industrious nation, after all.

In California, the desire to restrict these firearms is strong. Apparently, even Republicans want in on the action.

A Republican Assemblymember is balancing gun control and public safety in a bill she’s working through the legislature this year.

Diane Dixon, who represents the coastal AD-72, is behind a bill that enhances penalties for people who use or possess a firearm without a valid serial number — otherwise known as a “ghost gun” — while committing a crime.

A person could be subjected to two additional years of imprisonment if a ghost gun is in their possession at the time a felony is committed or three years if it is used to commit or attempt to commit a felony.

“California has some of the strictest gun laws in the nation, and yet we still experience tragic mass shootings every year,” Dixon said. “I’m pro-Second Amendment, but I believe there is an area not fully addressed or covered by existing law.”

With friends like her, who needs enemas, right?

Now, in fairness to Dixon, this only seems to address “ghost guns” used in criminal acts, not those simply made for personal use or whatever. As such, this is really just another charge to throw at someone already facing a pile of charges.

That’s a little different than what we typically see from the anti-gun crowd.

However, this effort ignores a key part of what goes on in the criminal mind. They aren’t deterred by these potential penalties because none of them figure on getting caught in the first place.

No, these aren’t master criminals, but they all think they are. They think they can safely knock over a liquor store and never be caught despite not wearing a mask, parking their car so a camera gets a good view of their license plate, and so on.

As such, they’re not going to be deterred by additional penalties because each and every one is sure they won’t be arrested in the first place.

If the purpose is to just remove them from society for a bit longer, that’s one thing, but it won’t actually accomplish anything beyond that.

What it will do, though, is contribute to the demonization of unserialized firearms. It’ll be an example of how Republicans secretly all believe that guns are the problem but won’t address it due to the NRA.

It doesn’t matter that none of that is true. It doesn’t have to be. This isn’t about the truth but about politics where optics are everything and this one isn’t going to play well in the long run.

Filed Under: <![CDATA[California]]>, <![CDATA[ghost guns]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Rights]]>, <![CDATA[Guns]]>, <![CDATA[Video]]>, Bearing Arms, News

Media still fails to provide context on ghost guns

March 2, 2023 by Tom Knighton Leave a Comment

So-called ghost guns have been a huge boogieman for gun control advocates and politicians for quite a few years now. They love to tell horror stories about how much of a problem they represent and their friends in the media love to help facilitate passing those stories to the general public.

And one way they do this is by omitting a lot of context about just how prevalent these firearms actually are.

I’ve called them out on it before, but alas, it seems to be continuing.

Wednesday is the deadline for all Maryland residents to have their homemade firearms, also known as “ghost guns,” imprinted with a serial number as part of a new state law that requires the weapons made from untraceable parts to be identifiable and registered as firearms.

But, a WJLA investigation team discovered that laws like these, and even those that ban untraceable firearms, may be undermined by some manufacturers, as gun violence involving these weapons soars.

…

DeAndre is one of an untold number of victims of ghost guns being used with increasing frequency by criminals across the country.

“In 2019 I think we recovered approximately 115 or 116, and last year [2022] over 500 were recovered in the District of Columbia,” said ATF Supervisory Special Agent in Charge, Sam Ward.

Ward said in 2023 they’re already on pace to exceed 2022’s record numbers.

“Typically, what we’re looking at are crime guns. They’re typically recovered from someone they’re not supposed to be in possession of the firearm and often used in crimes,” added Ward.

A Department of Justice report published in January shows ghost gun use in crimes has risen more than 1,000% since 2017.

Now, let’s look at that for a second.

First, the ATF agent in charge of DC notes that last year, 500 so-called ghost guns were “recovered.” That means not just those used in violent crimes, but also those simply found on the person of people who couldn’t lawfully carry such a firearm.

Considering the size of the District of Columbia and the crime rate there, that uptick looks horrifying, but it’s still just a fraction of the guns that exist in the district. I mean, in 2022, there were over 3,800 violent crimes, most of which involved firearms, to say nothing of the legions of other firearms that no one actually used.

But hey, what does that matter when the DOJ says ghost gun use has climbed 1,000 percent?

Except, again, that’s a scary number lacking context. What the report says is that the DOJ got nearly 39,000 total suspected privately made firearms between 2017 and 2021, with just over 1,600 in 2017 and over 19,000 in 2021.

Now, think about the number of guns in criminal hands in this country for a moment. Do you really think 19,000 firearms traced–again, not necessarily used in any criminal action, but simply in criminal possession–is an appreciable number in a nation of 330 million people?

See, this is the missing context and this is why that context is needed. By simply throwing around semi-scary numbers without providing anything meaningful by which the reader can judge them, the media is simply engaging in anti-gun propaganda in an effort to pressure regulation of so-called ghost guns.

And, frankly, they kind of suck at it because it’s also pretty obvious what they’re doing.

Filed Under: <![CDATA[ghost guns]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Rights]]>, <![CDATA[Guns]]>, <![CDATA[unserialized firearms]]>, <![CDATA[Video]]>, Bearing Arms, News

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