Jeff Soyer: Cops Fish Mental Health Records

In a good piece of investigative reporting, the Delaware News Journal has uncovered the fact that state police there routinely access databases intended only to be used at the time of a firearm purchase. Even for that, it’s being abused.

The story is here: Gun checks may violate federal law

When the firearms unit was created, the debate in the House was “strictly about purchases, not enforcement,” said House Minority Leader Richard C. Cathcart, R-Middletown. “It seems to me this violates — at a minimum — the intent of the legislation.”

Cathcart, who received an “A+” rating from the NRA before his recent re-election, said the supercheck process needs a quick statutorial fix.

“Obviously, there is a right to bear arms, but the way this is being applied, basically they’re saying it’s a privilege, and they have a right to take away that privilege from people,” Cathcart said. “I have a huge problem with this.”

You should read the whole thing.

Once that data is out there, it’s going to be looked at. Not always by the people or for the reasons intended. If this supercheck backdoor gets closed, you can bet that a future incident, maybe not even gun-related, will convince someone that a “lack of communication” led to tragedy, or that law enforcement’s lack of access hampered their ability to do their job. And the “back door” will possibly become law for the common good.

This story is gaining traction. Hard to tell whether it’s just being driven by a desire to push stories or if it’s really an emerging phenomenon.

From the last round of debate:

Via Documenting Failure.

Guns! Guns! Guns!: Assault rifles, high-capacity magazines flying off local shelves following election

In yet another article covering the recent rush on guns and accessories:

Two other local gun shop owners approached by the Odessa American reported similar rushes on guns, especially assault rifles and high-capacity magazines, which are capable of holding more than 10 rounds of ammunition.

“High-powered assault rifles with high-capacity magazines” is how the story is told. Except, of course, that the weapons aren’t “high-powered,” they aren’t “assault rifles,” and the magazines aren’t “high-capacity.”

The high-cap magazine term is a place where the pro-gun side allowed the other side to frame the debate. 20 and 30-round magazines aren’t “high” capacity, they’re “standard” capacity. But no one, and I mean no one, sees it that way.

Magazines and ammo will be the next battleground.

Pittsburgh Councilwoman Tonya Payne says no one should care if a law is unconstitutional as long as “it’s the right thing to do.”

A politician who openly doesn’t care about the constitutionality of laws needs to be removed.

Cam Edwards observes that Ignorance Is Bliss when pointing out an op-ed written by a college student. The piece by Sally Sanderson in the Michigan Tech Lode:

The bottom line is this: the Constitution ensures that United States citizens have the right to bear arms, yet it does not define for what purpose. Therefore, it is left for those of us following today’s laws to decide how to interpret the words written over 200 years ago.

She uses Wikipedia(!) as her first reference and includes this:

Though [the Second] Amendment seemingly does reserve the right for individuals to bear arms, it is confusing in the way it is written. The beginning of the sentence causes one to infer that an individual can bear arms if part of a militia, which should be used to ensure “the security of a free state.” However, the second part of the statement could be interpreted differently, as: individuals’ rights to bear arms will not be taken away. According to a Web site sponsored by the United States Senate, http://www.gpoaccess.gov/constitution/html/amdt2.html, “there is no definitive resolution by the courts of just what right the Second Amendment protects.”

As Cam writes, she seems to be unaware of the Heller decsion.

Now, Michigan Tech is located in the near-wilderness of the Upper Penninsula, but I guess if she’s getting published on the internet, she should be able to do some research and follow a bit of news on the internet, too. (via Sebastian)

Those watching things closely may have noticed a trend:

• Gun sales jump (Utah)
• Area gun sales spike (Alabama)
• Gun sales rise in Ohio, stay flat in Ross County (Ohio)
• Gun sales shoot up after Election Day (Colorado)
• Gun sales up, supplies down (Texas)
• S.D. gun shops see rise in sales (South Dakota)
• Gun, ammo sales increase in Churchill, Lyon counties (Nevada)
• Local gun sales increase since election (Arkansas)
• Gun sales shoot way up (Maine)
• Hawaii gun sales shooting up
• Fear Fuels Gun Sales Locally (West Virginia)
• Gun Sales Are Up Since Obama Election (Kentucky)
• Fear of ban increases gun sales (Mississippi)
• Finger on safety as gun sales shoot upward (Idaho)
• Gun sales rise as owners fear stricter controls (North Carolina)
• Gun Sales Boom Ahead of Obama Presidency (Tennessee)
• Gun Sales Booming Since Presidential Election (Nebraska)
• Gun sales, permits climb following election (North Dakota)
• Gun Sales Rise As Buyers Anticipate Political Change (Washington)
• Gun Sales Shoot Upward in Springfield (Missouri)
• Madison gun sales soar (Virginia)
• Some stores see surge in gun sales (Pennsylvania)
• Firearm sales surge following election (Wisconsin)

These are all from the past two or three days and aren’t simply re-runs of AP items in different papers. All of these have considerable, if not exclusively, local content. I could easily have included many, many more.

No doubt, the media coverage is feeding the flames a bit. As is the fact that hunting seasons are kicking off or underway in most states right now. But the trend is unmistakable.

It doesn’t seem to be localized to the bitter, clingy parts of the nation. Or to the red states.

Oh Paul, you sad, sad panda.

You didn’t win the election. Barack Obama ran so far away from the gun control issue that they created a fake pro-gun group for him so that he could pretend to be pro-gun and have exactly nothing to do with you and your buddies.

At the same time, the Brady Bunch will be better off with Obama in office than McCain.

A game warden was driving down the road when he came upon a young boy carrying a wild turkey under his arm.

How the Second Amendment Was Restored

Brian Doherty at Reason:

In retrospect, D.C. v. Heller seems almost inevitable, because of shifting public and academic attitudes toward gun rights. But victory came only after a protracted struggle, with many pitfalls along the way. It was pulled off by a small gang of philosophically dedicated lawyers—not “gun nuts” in any stereotypical sense, but thoughtful libertarians who believe Second Amendment liberties are a vital part of our free republic. Together they consciously crafted a solid, clean civil rights case to overturn the most onerous and restrictive set of gun regulations in the country. In the process, they set the stage for further legal challenges to other firearms restrictions from coast to coast.