Monday, May 01, 2017

NRAAM - H&K VP9SK

The Heckler and Koch Booth was positively jammed all throughout the show.

It finally cleared out enough for me to take a couple quick shots as the show was closing on Saturday and they began rolling out the tape to seal off the booths.

Everyone throughout the day had been crowded around the pistol H&K fans had been clamoring for awhile for them to produce: the VP9SK.

H&K listened to the demand, apparently decided that you don't in fact suck, and the VP9SK is now released to the US Market:

Think a VP9 now P30SK-sized but striker fired with all the H&K grip modification options. It comes with a ten round magazine and of course has the ability to take both full sized VP9 mags and the sightly more compact 13 round USP compact magazine which when used gives it about a Glock 19 overall size.

It fits my hand unsurprisingly just like my P30SK.

The trigger feels just like the one on the VP9 - one of the best striker fired triggers out there.

I expect they'll sell quite well to the H&K fans wanting a striker-fired compact and to others looking for a high quality concealed carry firearm.

Sunday, April 30, 2017

Home Again

After many adventures on Sunday, including the Case of the Missing Leg, I have made it back home safe and sound.

It was one heckuva great trip and a great time together with some fantastic bloggers.

Much blogging on the NRAAM to come, including my meeting some of the legendary and current role models of the shooting world.

Many thanks to the NRA's media relations people who treated all of us wonderfully, and to all the exhibitors who tirelessly spoke with us along with thousands of other people and promoted their products and gave lots of interesting information.

NRAAM Day 3 - Sunday Morning

Pretty quiet this morning up at the Press room.

We ran into a Bloomberg Mommy last night at the hotel who ran away at light speed from Murph when he politely asked her if she was here for the protest. Do check out his blog soon for the Kodak moment.

"Protest what protest?" she says, while running away wearing the Mom red-shirt.

I daresay their wearing a red shirt is kind of a bad color choice when you think about it. . .

Well, the floor just opened up and I'm going to head on down and see what can be seen.

Saturday, April 29, 2017

NRAAM Day 2 - A Quiet Moment With The CEO Of Gemtech

Gemtech is a maker of some very fine suppressors, indulging my Outback II.

We saw and got to handle an AR15 with the Integra 5.56 installed.

Watching the video its a darn quiet suppressor for a 5.56 that reduced the decibel level to about that of an air rifle whichever is pretty darn useful for protecting your hearing and the suppressor on a 10 inch barrelled AR makes it a pretty compact package.

I saw one of their Patrolman silencers on a Tavor X95 that gave me a serious case of the wantsies.

Murph, Mr. Garibaldi and I had a good chat with the CEO of Gemtech, Ronald Martinez. He gave us a lot of info regarding Gemtech's products but also what he's been hearing about the Hearing Protection Act. He anticipates that the Hearing Protection Act will not pass this year, mainly due to a lack of votes in the Senate.

For the Mosin Nagant owner that has everything, Gemtech has got a silencer for you:

NRAAM Day 2 - Henry Arms

Henry Repeating Arms had many a fine lever gun on display here at the show.

The actions on these lever guns are very, very smooth and that 16 inch barrel makes it a but more versatile than the typical longer barrel lever action.

They had a very cool looking and nice handling .44 Magnum with a 16 inch barrel. They also have it in .357 and .41 Magnum - talk about a quick handling, light, and handy rifle for camping in the woods. Kinda have the wantsies for one in .44 Magnum.

NRAAM Day 2 - IMI Ammunition

Israel Military Industries Systems manufactures some of the world's best ammunition.

Great quality ammo. I've just picked up some IMI 77 grain SMK razor core ammunition that I'll be testing and will blog about it here.

You certainly can't go wrong using IMI Ammunition.

NRAAM Day 2 - Springfield's XD-E

I got to handle Springfield Armory's new XD-E.

Overall impressions - its a nice, thin, and small hammer-fired pistol about Walther PPS in shape and size and quite similar in overall size to the Glock 43.

The double action of the XD-E is decent and the single action is similarly not bad. Reset feels decent when dry firing it. The ambidextrous magazine release with a matching button on both sides is a pretty neat trick.

For people wanting to appendix (or otherwise) carry a small firearm with a hammer for safety while holstering it may just be an ideal solution.

NRAAM Day 2 - Old NFO's Rifle

There's a large crowd on the exhibition hall floor. Lots of things to see as you make your way through.

One of the first things Murphy and I found was the first rifle issued to OldNFO when he joined the Navy:

NRAAM Day 2

So we're here waiting for the convention floor to open.

Large crowd as usual and as usual it is both polite and well behaved.

Talking to a police officer yesterday, he noted this crowd is the most polite and friendly he's seen at a convention. He also stated the usual bad guys downtown have decided to take the day off.

Expect to see yet another statistically significant dip in crime coinciding with a city hosting the NRA Annual Meeting.

Friday, April 28, 2017

20th Annual Firearms Law Seminar - Judge Dietz on Attorney Ethics

Judge Dietz of the North Carolina Court of Appeals spoke about legal ethics and ethical pitfalls.

I now that many people don't think the words ethics and lawyers should even be spoken in the same sentence, but we good lawyers do indeed have ethics and have to hew to the ethical rules of our profession.

He had argued the Abramski v US case among others.

He began his presentation by having the attendees go over some hypothetical ethics scenarios - one of which makes me glad I'm not in a large law firm any longer.

A good review of ethical rules, many of which are not considered by attorneys in day to day activities. One of the biggest malpractice pitfalls has to do with appeals and attorneys need to be very careful about the appellate filing deadline and notifying the client of same even if you have already stated you would not represent them during an appeal.

Certainly lots of good food for thought about multiple scenarios that an attorney can encounter and learn to either handle in the proper manner or avoid outright.

Judge Dietz is an excellent and engaging speaker in perhaps the hardest slot of a seminar (the slot right after lunch is the second hardest) - right at the end before the cocktail reception.

20th Annual Firearms Law Seminar - James P. Vann Of The ATF Speaks

Entering the (friendly) Lion's Den, Attorney James Vann of ATF gave a rather humorous opening.

He deals with both regulatory and criminal issues at ATF.

First, he discussed recent changes to Form 4473 as of January 16, 2017 - currently 6 pages and they're rapidly running out of space on the form and may got to an 8 page form if new things are added. The form has to be filled out at place of business or at a qualifying gun show.

Interestingly enough, the new form now asks for sex rather than gender so ATF doesn't need nor wants to get into gender-fluid issues.

Now for race and ethnicity you're allowed to check multiple boxes based on whatever you are and it would not be a reason to revoke the dealers license.

He also identified the change that the box specifically prohibiting marijuana use was added to clarify that even if state has licensed its use the Feds still have it as a prohibiting condition. Part of this was due to people trying to use Medical Marijuana cards as an ID for purchasing a firearm.

He noted that legally admitted aliens of certain categories with a hunting license can indeed purchase firearms.

He also went into the new procedure for FFLs to facilitate private party NICS checks and some pitfalls including when a dealer would need to log in the gun to the dealers books if there's a delay or a denial where the Dealer has taken possession of the firearm.

He took what could have been a dry as toast topic and made it rather engaging and provided lots of good information to help advise FFL dealers regarding the new forms. In short an FFL facilitating a private party sale by doing a background check for the private parties will be setting themselves up for multiple pitfalls and liability exposure as a result.

If the dealer uses electronic records then all A&D books must be electronic and the server must be a US based server and the info must be backed up.

He also reported there's a significant uptick in burglaries of FFLs and suggested dealers keep a good inventory so they can know what is taken.

A rather useful presentation with good information to convey to FFLs.

20th Annual Firearms Law Seminar - Christopher Zeeland on Firearms Legislation

Always a great speaker (and nice guy as well) Chris Zeeland presented on new federal and state laws.

Now with a new administration and a new outlook there's some new bills making their way through Congress and its certainly a brighter day than under the Obama administration for gun owners.

A repeal of Obama-era Social Security Gun Ban - He went over how we got to Obama's Social Security gun ban based on ATF broadly construing what it means for someone being adjudicated as mentally defective and its reversal. Prior to Obama the Social Security Administration had never reported to NICS and added new categories of persons to be reported as prohibited persons even those not found to be dangers to themselves or others and those sent would list such impairments that included such impairments as memory loss or decreased energy or even inflated feelings of self-esteem. Combine that with a lack of due process and it was a rather ugly ban. Especially so when they admitted 75,000 people per year would be reported and lose their Second Amendment rights who were not a danger to themselves or others. In short it would be a case of receive SDI and lose your Second Amendment rights. Congress can reject an agency rule by a resolution and House Resolution 40 became law on February 2017 and ended this ban.

He also covered the VA's competency determinations,

Concealed Carry Reciprocity Act HR38 - 11 states do not recognize permits from other states and generally are May-Issue states that are restrictive on exercising Second Amendment rights.

Both proposed bills only apply to non-federally prohibited persons, have valid photo id and licensed or otherwise lawfully entitled to carry a concealed handgun, which covers constitutional carry states and Vermont, allows for non-resident carry permits and can carry under that state's laws and comply with that states restrictions on locations and prohibited places.

The bill cites Second Amendment and uses the Commerce Clause as jurisdictional hooks, the same jurisdictional hook underlying most of federal gun control laws which is a rather elegant approach.

Smartly the law provides enforcement mechanisms and protections for out of state carriers from unfriendly locals and it is not an affirmative defense but a direct defense which is a very good thing from a legal standpoint.

Hearing Protection Act of 2017 - Would remove suppressors from NFA and treat them as regular firearms under the Gun Control Act including NICS check and prohibited persons would still be banned from using them.Also proposed is a tax refund for purchases after a certain date to prevent purchases form being frozen until we see if the law passes or not.

He did state there are some definite roadblocks to passage such as the filibuster, competing interest groups, as well as a hardening of partisan attitudes about guns and of course fake news from both the Left and Right. In short, the situation is not dire, but its not a walkover either.

I'd say keep he pressure on your reps, Senators and President Trump to get these passed.

20th Annual Firearms Law Seminar - Matthew Bergstrom On Firearms Law Practice

Matthew Bergstrom gave a good presentation of Firearms Law practice development and management.

He noted there's been flat growth in the legal profession and technological change and external competition from non-lawyers for legal services and client demands and the growth of limited scope legal services.

He noted that firearms law encompasses a wide body of legal topics including estate planning, business law and criminal law.

He also looked at marketing for firearms themed law firms which is rather helpful and had some good ideas in that area.

Overall a useful presentation.

20th Annual Firearms Law Seminar - Morgan Shields on Tax Exemptions

A good overview of tax exemption at the Federal level and how to apply it to firearms organizations including firearms organizations and gun clubs under 501(C) and (4).

501(c)(3) of course is the most desirable as not only is it tax exempt but the donors also receive a tax deduction on their donation.

Ms. Shields gave an excellent overview of the requirements for qualification including those for educational and charitable purposes that most firearms related organizations seeking to become a 501(c)(3) tax exempt organization will be qualified.

She also gave an interesting analysis of both if and how much a 501(c)(3) can conduct lobbying activities.

She also covered 501(C)(4) organizations and the IRS has held that a gun range does qualify as a 501C4 social welfare organization based on certain qualifications. Still can do insubstantial political activities but could be taxed on those activities. Can also engage is lobbying as long as it is properly related to their purpose. 501(C)(4)process is generally easier than the 501(c)(3) process.

501(c)(7) organization is tax exemption for clubs and organizations such as private clubs and organizations for non-profit purpose such as for social activities. Nonmember income from the general public can cause issues as limited to 15% of income.

Certainly a useful and practical presentation for attorneys representing gun clubs and organizations.

20th Annual Firearms Law Seminar - Massad Ayoob

Always an excellent presenter, Massad Ayoob talked about self-defense cases that went wrong and how to avoid unjust verdicts in Self-Defense Shootings.

Ayoob went on to talk about how a perfectly appropriate act of self defense can lead to very bad results. Such as refusing to speak to police after a shooting to identify witnesses and evidence can lead from an exoneration from a good shoot to bad results - this can result in evidence and witnesses disappearing. How you do the talking matters of course.

Ayoob noted many Prosecutors lack a lot of training in self-defense law.

He gave several tips for attorneys including giving theory of the case at the beginning of trial to get the defendant's story out so the jury can consider your evidence while the prosecution is presenting their case. He noted the action/reaction time can lead to issues and can be explained to a jury. A quarter turn takes a quarter second and a half turn takes a half second which can show a how an attacker can hit hit in the back which is not within common knowledge. He noted a semi-auto in hands of an average person will fire 5 shots in a second and best normal unanticipated reaction time is at best .75 seconds.

He noted the self defense person should identify the attacker, identify evidence, witnesses, and only after that invoke the right to counsel.

Noted that if a person fled the scene it creates a definite problem and suggested to have an expert show it was traumatic and caused them to have to flee to safety.

He noted self defense is very much an affirmative defense and lawyers need to be aware of that and be prepared to have the person testify in their own defense.

He noted self-defense lawyers will need to engage with the media, especially in the aftermath of the George Zimmerman and Ferguson cases, and will need to get ahead of the narrative.

He stated many criminals on heroin and other drugs will not feel being shot and multiple shots will be needed - for example one criminal was hit with multiple 9mm hits as well as two 12 gauge shots and was still trying to shoot police at the time.

Much of the presentation is abbreviated and adapted from his excellent use of force classes - if you haven't taken a Massad Ayoob class and carry you owe it to yourself to do so.

An excellent and engaging presentation.

20th Annual Firearms Law Seminar - James Vogts

Attorney Vogts has represented multiple dealers and manufacturers against claims for selling firearms or ammunition that were then used in a crime.

Suing of manufacturers came out of products liability and gun control attempts to sue the manufacturers to death by legal costs and anti-gun judges. He stated the Protection Lawful Commerce In Arms Act (PLCAA) passed in 2005 has provided broad immunity for manufacturers and sellers when criminals acquire them for unlawful purposes. This was done to prevent lawsuits and gun control by lawsuit by going after manufacturers for acts of criminals. Lawfully manufactured products that function as they were designed to function are not defective regardless of what the Plaintiffs including municipalities might say. But some courts are acting in ways to prevent the immunity granted by the law.

There are some exceptions to the immunity in PLCAA and are being used by Plaintiffs to attempt to sue manufacturers. Exceptions include
1. transfers made with knowledge that it would be used in a crime,
2. A Seller who acts in negligent entrustment or negligence per se against a dealer but the definition does not include a manufacturer.
3. No immunity for knowingly violating a federal or state statute applicable to the sale or maketing of firearms
4. an action for breach of contract or warranty
5. Defective design or manufacture but cannot be done if it was done as part of a volitional act that constituted a criminal offense.
6. No immunity for GCA or NFA act violations.

The 5th exception is important as causation is a threshold issue that allows for a summary judgment motion on such a claim. The exception to the exception is shown when there is a criminal or unauthorized use of the firearm. The Courts can dismiss cases when evidence that there was a volitional criminal act linked to the discharge of the firearm.

The third exception is another avenue where Courts are trying to see if it can be used as an exception to the immunity under PLCAA. Under Ileto v GLock the Ourt held the statutes that were applicable only to those statutes addressed to firearms.

City of New York v Beretta Court looked at whether the general nuisance statute would fit the exception but court rejected it and court then held applicable means statutes that clearly were meant to regulate the firearms industry and statutes of general applicability but the n expanded the predicate statute to go beyond those that only regulate firearms and added those that do not expressly regulate firearms but interestingly added those statutes that courts have applied to the sale of firearms.

He stated the new approach being sought by antis is a negligent entrustment theory and trying to widen it to encompass ordinary negligence.

In Philips v Lucky Gunner, Plaintiff claimed seller should have investigated purchaser before selling and court rightly held that is not part of duty of a seller and ultimate use of a chattel is outside of a seller's control. Otherwise would create limitless liability so the reasonable cause standard helps to protect the seller of a lawful good. Anti-gunners keep trying to have ordinary negligence standard applied as an exception to the PLCAA to attack reasonableness of selling firearms and ammunition at all. An ordinary care standard should not be part of a negligent entrustment case.

A very useful presentation on the subject and current direction where anti-gunners have been trying to twist the law to their ends.

20th Annual Firearms Seminar - Prof. Nelson Lund

Professor Lund gave a constitutional overview of the Second Amendment.

He went over the 5 methods of understanding the Second Amendment

1. Original Meaning - Amendment meant to protect an individual right to arms for self-defense. Basically people assumed Feds could not regulate and states could do as they pleased. There's a lack of early historical guidance.

2. Reasonableness review - Since there's a lack of early historical guidance states can take a reasonable stance which often upholds any law as long as it does not completely destroy the right is ok.

3. Justice Breyer's dissent view - should be strict scrutiny with cost-benefit analysis thus creating an intermediate scrutiny review. This sort of review makes it hard to distinguish it from a rational basis review where the law is almost always upheld

4. Scalia's review - Presented as an originalist view but doesn't present an originalist view as dies not look at the scope of the right to keep and bear arms. Scalia rests opinion on popularity of handguns and that it is reasonable for handguns to be popular and makes it resting on a 5-4 decision and dicta that approves of various bans.

5. Normal jurisprudence - Treating Second Amendment like any other fundamental right. As Judge Sykes in 7th Circuit City of Chicago case, Broadly prohibitory laws are categorically impermissible, some laws may be permissible, all other laws subjected to scrutiny where government bears burden and depending on closeness of the law to the core of the right it may or may not be obtained and government's justifications must be scrutinized.

Lower Courts have unanimously upheld may issue standard and onerous burdens that makes the right to bear arms a nullity.

He noted that most on the Supreme Court are fine with treating the Supreme Court and only three may be treating it seriously even counting Gorsuch among the three.

Prof. Lund noted that both Progressive and many Conservative elites (Such as George Will and Charles Krauthammer) are against citizen ownership of firearms and gin control is an important agenda item for the Democrat Party. He noted Heller and MacDonald are small steps toward protecting the Second Amendment and still could be reversed with a single anti appointment to the Supreme Court.

He stated there needs to be a Liberal (in the original sense of the term) principled defense of the Second Amendment based on Locke and Blackstone. He noted it is to protect ones own life and liberty or to prevent despotism.

He stated the 18th century militia idea is no longer effective but that on an individual basis the teaching of firearms usage would be to foster a sense of self reliance and efficacy for free citizens and enhance their defense and safety in an age of crime and terrorism.

He stated gun control laws have been found to be ineffective failures and are propounded by the elites with armed bodyguards are busy looking down and advocating the disarmament of the normal citizenry.

He stated that much of gun control is based on magical thinking and the assumed power of gun free zones which are ineffective except for criminals using them for easy access to unarmed victims.

He stated infringements of the right of self defense harms the core value of the American Republican Spirit and the basis for our institutions and fundamental liberty. He stated conservatives, including conservative intellectuals, need to be more supportive of the Second Amendment as an individual right as part of republican virtues and the underpinnings of the Republic.

20th Annual Firearms Law Seminar - Stephen Holbrook

The NRA's excellent Annual Firearms Law seminar has been held for 20 years now, helping to educate attorneys (and its open to the public) about firearms law matters.

Stephen Holbrook spoke on Second Amendment Litigation: Ongoing Challenges.

Holbrook is a brilliant lawyer and prolific writer on Second Amendment matters. He gave a quick summary of how we've gone from a judiciary taking a collective rights view to the individual right affirmed in Heller in 2008. That it was 5-4 decision shows how close it was. He noted that Justice Ginsburg and the now retired Justice Stephens still want Heller to be overturned.

Then he summarized Macdonald case applying the 2nd Amendment to the states through the due process clause of the 14th Amendment and it is not second class right.

Opponents claim its a dangerous right but so is the First and Fourth Amendments.

He stated the lower courts have been engaged in active resistance against the Supreme Court's decisions and not use normal jurisprudence review and application when dealing with firearms rights but instead have sought any rationale to maintain anti-gun laws.

He noted the cases now are coming from gun unfriendly states such as New York and elsewhere where the judges in those circuits are used to restrictions and the banning of firearms and against a firearms culture.

He noted that DC is still very much against individual ownership and have been placing as many hurdles in place as possible such as registration that must be renewed every three years and no more than one a month may be registered - ostensibly to stop illegal gun traffickers from registering too many firearms they illegally traffic in - yes that doesn't make any sense but that is the rationale they gave.

On the assault weapons ban decision the court ignored sworn testimony and instead went with the Brady Campaign's unsworn testimony that assault weapons are designed to be fired from the hip based on the pistol grip even though all the sworn testimony was contrary to that and then other courts are following along with that ridiculous testimony as established fact. Gun-unfriendly courts have since been dodging the Supreme Court's lawful and common usage test. Intermediate scrutiny have been used to weaken the Supreme Court's ruling.

In Colby case in Maryland the Appellate court ordered them to apply strict scrutiny but then noted that civilian rifles not used by any military in the world can be banned because they're for military use. He noted there's no real basis for the characteristic test, but the Judges are still applying the tests that don't make any rational sense.

Mr. Holbrook noted the death of Scalia caused a serious imbalance on the court that has slowed down pro-firearms cases as it has been too risky to bring them to the Court.

Maryland Supreme Court and 4th Circuit in their decisions have basically stated that there's no right to bear arms outside the home unless the government says you may and they won't change their decision unless the Supreme Court directly instructs them otherwise all upheld on the basis of intermediate scrutiny.

He noted there's some positive areas coming forward on Federal disabilities such as the lifetimes ban on owning firearms if you've even been committed to a mental institution ever in their lives. Noted a person committed for a few days thirty years ago in the midst of an ugly divorce was banned from owning guns forever and 6th Circuit noted you cannot be banned for life unless you're an actual danger to yourself or others.

He noted multiple firearms cases have had cert denied since Heller and Macdonald. San Francisco law held could only have a loaded firearm in the home if it was on your person, 9th circuit upheld and the Supreme Court denied cert and Thomas and Scalia dissented from the denial.

Then the 7th Circuit upheld Highland Park's ban based on it made people feel better than the ban was in place but cert was again denied Thomas and Scalia again dissented from the denial. Then after Scalia died in the case of Catano v. Massachusetts the Supreme Court then remanded it to reconsider but Thomas and Alito both said should have reversed as the law was unconstitutional on its face and while charges were dropped the prohibition law is still on the books.

He noted Garland likely would not have been good for firearms rights based on past performance.

He noted that Gorsuch's past decisions including his criticism of Chevron deference and his opinions on other Second Amendment decisions are very good signs for firearms rights.

As always he gave an excellent and informative presentation.

Thursday, April 27, 2017

On The Way To NRAAM

Just cleared security and probulation at DTW on the way to Atlanta.

I got a nice TSA massage of my right leg for some unknown reason as the porn scanner seems to be ringing everyone in that line.

Next time I might just appropriate me some Scottish heritage and go full tilt kilt to really enjoy the experience.

Wednesday, April 26, 2017

Would Not Have Believed It Had I Not Seen It Myself

I went to the Post Office by Costco today to get some responses out by mail in a timely fashion.

On leaving the Post Office I got to see quite a sight.

Two ladies in their cars, from opposite sides of a row in the parking lot managed to each reverse right into each other.

It looked like something out of bumper cards.

No serious damage to either car, and they then went on their merry way, hopefully more alert and aware than before.