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Friday, February 29, 2008

Obama's 2nd Amendment Double Speak

The Wall Street Journal had an article this week titled "Obama and the Power of Words." While the Second Amendment was not the main topic of this article, Obama's power of oratory was the subject, Obama's position on the issue was used as an example. In the example we see why gun owners must look deep into what the candidate says to get the real meaning of his words.

In the article, Stephen Hayes, a writer for the Weekly Standard, wrote about Obama's rhetorical skills, making a comparison to former President Ronald Reagan, and explains how conservatives will be making a mistake if they try to portray him being an empty suit full of fluffy oratory much the way the press did with Reagan in 1980.

Hayes noted how Obama has "the unique ability to offer doctrinaire liberal positions in a way that avoids the stridency of many recent Democratic candidates." As Hayes explains it, Obama's trick is that when he talks about a contentious issue, he almost always, according to Hayes, begins the answer with a respectful nod in the direction of the view he is rejecting.

Hayes details how during a townhall meeting at Cornell College, Obama was asked how his administration would view the Second Amendment right to bear arms. He replied: "There's a Supreme Court case that's going to be decided fairly soon about what the Second Amendment means. I taught Constitutional Law for 10 years, so I've got my opinion. And my opinion is that the Second Amendment is probably -- it is an individual right and not just a right of the militia. That's what I expect the Supreme Court to rule. I think that's a fair reading of the text of the Constitution. And so I respect the right of lawful gun owners to hunt, fish, protect their families."

That's the "respectful nod" (though I don't know what fishing has to do with the subject). The Senator continues, and note he avoids the usual "but" as he gets to his view: "Like all rights, though, they are constrained and bound by the needs of the community...So when I look at Chicago and 34 Chicago public school students gunned down in a single school year, then I don't think the Second Amendment prohibits us from taking action and making sure that, for example, [the Bureau of Alcohol, Tobacco, Firearms and Explosives] can share tracing information about illegal handguns that are used on the streets and track them to the gun dealers to find out -- what are you doing?"

Obama concludes the answer with: "There is a tradition of gun ownership in this country that can be respected that is not mutually exclusive with making sure that we are shutting down gun traffic that is killing kids on our streets. The argument I have with the [National Rifle Association] is not whether people have the right to bear arms. The problem is they believe any constraint or regulation whatsoever is something that they have to beat back. And I don't think that's how most lawful firearms owners think."

Never mind the fact the NRA makes it perfectly clear criminals and those who are a danger to themselves and others should not have the ability to own firearms, even to the point that some other gun groups don't think the NRA is sufficiently pure on the issue. Noting that however would not have suited Obama's desire to take a swipe at the NRA though.

The press will take the first part of the answer, "it is an individual right and not just a right of a militia" and portray Obama as not being a threat to gun owners. In fact, they will portray him as supporting the Second Amendment. I can just hear the American Hunters and Shooters Association, the gun ban group masquerading as a pro-gun organization, using it when they endorse him for president.

As gun rights activist, it will be our job to make all gun owners aware of Obama's record (there will be more on that later) and what his true views are should he win the Democratic nomination.

Hat tip to Cam Edwards for pointing out this article on NRANews' Cam and Company this week.

You and hear more about Obama and the Second Amendment here.

Monday, February 25, 2008

You've Got to Love This

According to Marginal Revolution, an Oakland, California compensated gun confiscation (gun buy-back) misfired this weekend when the city paid out a total of $15,000 to two gun dealers from Reno, NV, who turned in 60 junkers from their gun shops at $250 a pop. They also made some senior citizens from an area assisted living facility a couple hundred dollars richer.

Hat tip to Dave Hardy.

Sunday, February 24, 2008

VSSA Featured on NRANews' Cam & Company

Cam Edwards of NRANews' Cam & Company contacted me on Friday for the VSSA perspective on the passage of SB 436 and SB 476 as well as VSSA's take on how gun rights faired during this session of the General Assembly. You can hear the interview below.

Thursday, February 21, 2008

House Passes Self Defense Legislation

Today, the House of Delegates passed both SB 436 and SB 476. As I posted yesterday, SB 436 , sponsored by State Senator Jill Vogel (R-27),will allow law-abiding, non-concealed carry permit holders to store a handgun in a locked compartment or container in their personal vehicles or boats. SB 476, authored by State Senator Emmett Hanger (R-24), will allow restaurant owners to decide if they will allow Right-to-Carry permit holders to carry a firearm for self-defense in their restaurants.

SB 436 passed by a vote of 69 - 29. SB 476 passed 62 - 36. Both bills now move to the Governor office. There are several procedures that need to be completed before the Governor actually receives the bills. The President of the Senate and the Speaker of the House both have to sign the bills before they go to the Governor which could take several days. In the coming days, VSSA will ask you to contact the Governor and urge him to pass both bills. The Governor sent the State Police to oppose SB 476 so it is likely he may consider vetoing the bill. It did not pass the Senate by a veto proof margin so gun owners need to lobby hard for the bill to become law.

Wednesday, February 20, 2008

SB436 and SB476 Move to House Floor Today

On Monday, February 18, the Virginia House Militia, Police and Public Safety Committee passed two critically important self-defense measures. SB436 , sponsored by State Senator Jill Vogel (R-27), passed by a vote of 17-4 and will allow law-abiding, non-concealed carry permit holders to store a handgun in a locked compartment or container in their personal vehicles or boats.

Another important bill, SB476, authored by State Senator Emmett Hanger (R-24), will allow restaurant owners to decide if they will allow Right-to-Carry permit holders to carry a firearm for self-defense in their restaurants. SB476 passed by a vote of 16-5.Both of these bills represent significant advances in an ongoing effort to protect and enhance Virginia’s self-defense statutes.

According to the Richmond Times Dispatch, anti-gun Governor Tim Kaine trotted out the Virginia State Police and the Department of Alcoholic Beverage Control to oppose these bills in committee. Expect a full court lobbying press by Kaine's forces and the gun ban lobby to topedo these bills in the full House.

These bills will likely be considered by the full House in the very near future, and will likely face their first test today. Please contact your Delegate and strongly encourage him or her to protect your right to self-defense by supporting and voting for SB436 and SB476! You can find their contact information by clicking here.

Monday, February 18, 2008

Special Election Tomorrow for House of Delegates Seat

As I posted last week, a House of Delegates seat in the Northern Neck that has been vacant this General Assembly session will be filled tomorrow in a special election. Lee Anne Washington of White Stone is running for the for the seat to succeed Robert J. Wittman, a Republican from Montross who won a special election to succeed the late Jo Ann Davis in Congress.

The district consists of King George, Lancaster, Northumberland, Westmoreland and Richmond counties and the Bowling Green and Port Royal precincts in Caroline County.

Washington, a member of the White Stone Town Council and an attorney specializing in family law and commercial contracts, is endorsed by the NRA and VSSA is urging all gun owners and sportsmen to get out and vote for her tomorrow.

Special elections are typically low turnout events and so the side that is most successful in turning out the vote will win. Gun owners will have a steadfast friend in Lee Anne Washington and all gun owners are urged to vote for her on Tuesday, February 19th.

Friday, February 15, 2008

VSSA Responds to New Bloomberg Gun Database

New York Mayor Michael Bloomberg announced on Wednesday that the 11 mayors representing cities from New York to Richmond will launch a regional gun database to supposedly track "illegal guns". The Richmond CBS/CW affiliated contacted VSSA to get the view of gun owners on the announcement. You can watch the report below. Hat tip to reporter Jon Burkett for contacting VSSA and for a balanced report.

Thursday, February 14, 2008

Washington for Delegate

On February 19th, a special election will be held to fill the vacant 99th District seat in the Virginia General Assembly. The seat is vacant because former Delegate Rob Wittman was elected to fill the unexpired term of the late Congresswoman Jo Ann Davis. There is a candidate that gun owners should support next Tuesday and that candidate is Lee Anne Washington.

Lee Anne is one of us. She has the endorsement of the National Rifle Association as well as an "A" rating from the NRA. Lee Anne also supported VSSA's efforts to join the state association amicus brief on behalf of Robert Heller in the DC gun ban case.

Virginia's 99th Legislative District includes King George, Lancaster, Northumberland, Richmond and Westmoreland Counties, and the Bowling Green and Port Royal Precincts of Caroline County.

If you live in the 99th District, or have friends and/or family there, or if you don't live in the district but you know fellow shooters that live in the district, please encourage them to vote for Lee Anne Washington on Tuesday, Feb. 19. We need her in Richmond. She'll be a strong voice for the Second Amendment and gun owners in the Virginia General Assembly.

To volunteer in these closing days of the campaign, contact the campaign at:
586 Rappahannock Drive
Post Office Box 948
White Stone, Virginia 22578
(804) 435-1963 ~ Phone
(804) 435-1962 ~ FAX
leanne@washingtonfordelegate.org
http://www.washingtonfordelegate.org/index.html

Tuesday, February 12, 2008

SB 476 Passes Senate

SB 476 passed the State Senate today by a margin of 24 - 15. This was after a motion to rerefer the bill to Senate Courts failed on a vote of 16-23. SB476 would permit restaurant owners to decide for themselves whether or not concealed carry permit holders can carry a concealed firearm in a restaurant, provided the permit holder does not consume alcohol. This is a huge victory for gun owners and self defense as it is the first time the bill has made it out of the Senate. It now moves to the House where it has met a more friendly reception in the past. Gun owners will still need to be ready to go in to action to see the bill signed into law as it was three votes short of a veto proof margin.

Please be sure to thank those senators who supported your right to self defense and voted to pass SB476.

Congressman Cantor's "Save the Second" Web Site

Congressman Eric Cantor (R-VA7) has created a web site complete with a video in response to the Solicitor General's amicus brief in Distict of Columbia vs. Heller. The Solicitor General, who represents the federal government in court matters, wrote that the Second Amendment is an individual right but should send the case back to the lower court, apparently because he feared what a decision upholding the the lower court would mean for other gun control laws. Congressman Cantor rightly thinks this is outragous. You an sign an online petition at the web site. Kudos to Congressman Cantor for standing up for the right to keep and bear arms in such a forceful manner.

SB 436 Passes Senate - SB 476 Needs Your Help

In a win for gun owners, SB436, Senator Vogel's legislation that clarifies existing case law by establishing an exemption to the general prohibition against carrying concealed firearms by allowing a person who may lawfully possess a firearm to carry a handgun in a private vehicle or boat if the handgun is locked in a container or compartment, passed the Senate Monday with a veto proof margin of 31 - 9. The bill now moves to the House of Delegates

Another important piece of legislation, SB476, needs your immediate action. Authored by State Senator Emmett Hanger (R-24), SB476 is an important concealed carry reform bill that would allow restaurant owners to decide if lawfully concealed firearms are allowed in their establishments, provided the permit holder does not consume alcohol. Current Virginia statute allows restaurateurs to permit open carrying, but not concealed carry for lawfully permitted citizens. The bill was passed by for the day Monday when it was considered by the full Senate which means there are forces that are trying to defeat the bill before the February 12th "Crossover" deadline.

Please contact your Senator now and urge him or her to support SB476. The Senate must complete it's work on all Senate legislation by midnight tonight in order to move to the House of Delegates for consideration. It is important that you contact your senator today. You can find your senator's contact information at http://conview.state.va.us/whosmy.nsf/main?openform

State Association Amicus Brief Filed With Supreme Court

I posted recently that VSSA was joining with other state associations to file an amicus (Friend of the Court) brief on behalf of Richard Heller in District of Columbia vs. Heller (the D.C. gun ban case). The brief was filed with the Supreme Court of the United States on February 11. A total of 40 state associations joined the brief.

This effort would not have been possible without the coordination of the Texas State Rifle Association (TSRA) and without the generous financial support of VSSA members. VSSA sent a special email asking for a special contribution because the association had not budgeted for this expence when it approved the 2008 budget. VSSA works hard to not go to the membership for numerous fundraising appeals. We send one mailing every year to help underwrite our lobbying efforts. However, the Board felt it was important to be a part of this amicus brief and work to overturn the DC gun ban. It was decided to send an email in an attempt to raise the funds that the Board voted to commit to this effort. VSSA members answered the call and the association met it's goal of financial support for its portion of the attorney fees for the drafting and submission of the brief.

To all VSSA members who contributed, I say thank you for your support. You have made it possible for VSSA to be a part of history.

You can read the brief here.

Friday, February 8, 2008

Senator John Warner One of Three GOP Senators Not Signed on to Heller Amicus

The Washington Post this morning reported that retiring Virginia Senator John Warner is one of only three GOP U.S. Senators that did not join in on the "Friend of the Court" brief on behalf of Dick Heller, the plaintiff challenging the D.C. Gun Ban. Warner said he did not sign on "out of respect for Home Rule." How about respect for the Constitution?

Senator Jim Webb was one of nine Democrats to sign on for a total of 55 Senators.

Thursday, February 7, 2008

Presidential Politics

Virginia has a primary this coming Tuesday. The GOP just lost one of its candidates. Speaking at the annual CPAC Conference, former Govenror Mitt Romney said this:

"I disagree with Senator McCain on a number of issues, as you know. But I agree with him on doing whatever it takes to be successful in Iraq, on finding and executing Osama bin Laden, and on eliminating Al Qaeda and terror. If I fight on in my campaign, all the way to the convention, I would forestall the launch of a national campaign and make it more likely that Senator Clinton or Obama would win. And in this time of war, I simply cannot let my campaign, be a part of aiding a surrender to terror.

"This is not an easy decision for me. I hate to lose. My family, my friends and our supporters... many of you right here in this room... have given a great deal to get me where I have a shot at becoming President. If this were only about me, I would go on. But I entered this race because I love America, and because I love America, I feel I must now stand aside, for our party and for our country."



It was all but certain after "Super Duper Tuesday" but Romney's announcement makes it clear that McCain will be the standard bearer for the GOP this November.

New DGIF Executive Director Named

On February 6th, the Board of the Department of Game and Inland Fisheries (DGIF) announced that Bob Duncan, a 30 year veteran of the Department and current Director of the Wildlife Division, will serve as Director of the Department of Game and Inland Fisheries. VSSA wishes him well.

After a nationwide search, the group decided to hire from within, promoting Duncan a little more than two months after firing former director J. Carlton Courter III.

Duncan has been an avid hunter since his childhood in Radford. He inherits challenges the Board decided Courter was unable to meet. Among them are improving the department's ability to communicate -- both internally and with the public -- and examining the department's organizational structure.

For this agency and the constituencies it works with, external communications are almost more important than internal. The Department has been hit with criticism recently about the way it has handled the study on hunting with dogs.

Board Chariman Jimmy Hazel said Duncan will be more of a public face for the department.

Hazel said, "We wanted someone who would be accepted by the hunting and fishing crowd in Virginia. You'll see him out there across the state [talking to groups.]"

The second priority is to develop a new strategic plan, something the department hasn't done in more than 15 years. An outside consultant will help with the process.

Duncan is taking over an agency that has lacked stability at the top since 2005. Director William L. Woodfin Jr. stepped down in May of that year in the wake of a state internal auditor's report that concluded he and two other officials had shown inappropriate conduct, including spending $11,500 in state funds on a personal hunting trip to Africa in 2004.

Woodfin, along with Col. Terry C. Bradbery, former head of the law-enforcement division, and Maj. Michael G. Caison, former head of special law enforcement, were indicted in September. The grand jury indictment alleges misuse of government credit cards to make purchases for the private trip.

Wednesday, February 6, 2008

Pro-gun Bills Reported Out of Senate Courts of Justice Today

The Senate Courts of Justice Committee reported out two pro-gun bills today. SB 476 (Hanger) and SB436 (Vogel) were reported out of committee with bipartisan support. SB476 repeals the ban on carrying concealed handguns in restaurants that serve alcohol. SB 436 creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment.

SB 476 was reported by a 9-4 margin and SB 436 was reported by a 10-4 margin.

Supporting SB 476 were:
Senator Kenneth W. Stolle (R-8)(804) 698-7508 district08@sov.state.va.us
Senator Frederick M. Quayle (R-13)(804) 698-7513 district13@sov.state.va.us
Senator John S. Edwards (D-21)(804) 698-7521 district21@sov.state.va.us
Senator W. Roscoe Reynolds (D-20)(804) 698-7520 district20@sov.state.va.us
Senator Ken T. Cuccinelli (R-37)(804) 698-7537 district37@sov.state.va.us
Senator Mark D. Obenshain (R-26)(804) 698-7526 district26@sov.state.va.us
Senator R. Creigh Deeds (D-25)(804) 698-7525 district25@sov.state.va.us
Senator Robert Hurt (R-19)(804) 698-7519 district19@sov.state.va.us

Supporting SB 436 were:
Senator Kenneth W. Stolle (R-8) (804) 698-7508 district08@sov.state.va.us
Senator Frederick M. Quayle (R-13) (804) 698-7513 district13@sov.state.va.us
Senator Thomas K. Norment, Jr. (R-3) (804) 698-7503 district03@sov.state.va.us
Senator John S. Edwards (D-21) (804) 698-7521 district21@sov.state.va.us
Senator W. Roscoe Reynolds (D-20) (804) 698-7520 district20@sov.state.va.us
Senator Ken T. Cuccinelli (R-37) (804) 698-7537 district37@sov.state.va.us
Senator Mark D. Obenshain (R-26) (804) 698-7526 district26@sov.state.va.us
Senator R. Creigh Deeds (D-25) (804) 698-7525 district25@sov.state.va.us
Senator Robert Hurt (R-19) (804) 698-7519 district19@sov.state.va.us

Action needed: Contact your senator and strongly encourage them to protect your right to self-defense by supporting and voting for SB476 and SB436. Also, thank the senators on the committee that voted to support your Second Amendment and self defense rights. You can find your Senator's Richmond Office phone number here.

Tuesday, February 5, 2008

Lawyers for Heller File Brief in DC Gun Ban Case

Lawyers for Dick Heller, a security guard, filed a brief with the Supreme Court yesterday saying that the District's categorical restrictions are so broad that they cannot comply with the Second Amendment's protection of the right to bear arms.

"However else [the District] might regulate the possession and use of arms, their complete ban on the home possession of all functional firearms, and their prohibition against home possession and movement of handguns, are unconstitutional," wrote Heller's attorney, Alan Gura, one of three lawyers representing those who challenged the gun ban.

The case will be argued before the justices March 18, and it promises a historic examination of the Second Amendment.

Heller's brief said the amendment's preamble referring to the militia gives one, but not the only, reason the framers considered the amendment necessary.

Gun-rights advocates were shocked and felt betrayed last month when the Bush administration's U.S. Solicitor General Paul D. Clement, who represent's the government before the Supreme Court, agreed that the Second Amendment provides an individual right but also said that the appeals court had used the wrong standard in evaluating the District's law.

Clement said the D.C. Circuit's broad opinion could call into question federal gun-control measures, and he recommended that the District law be sent back to lower courts for evaluation "under a more flexible standard of review."

Heller's brief said limitations on the rights of individual to possess firearms should be held to the court's most restrictive scrutiny.

"Demoting the Second Amendment to some lower tier of enumerated rights is unwarranted," the brief said. "The Second Amendment has the distinction of securing the most fundamental rights of all -- enabling the preservation of one's life and guaranteeing our liberty."

Thanks to all VSSA members and other gun owners who answered the call to support the Association's efforts to file an amicus brief on the side of Heller. We reached our goal and are joining 39 other state associations and the brief should be filed in the coming days.

Janis Castle Doctrine Bill Moves Forward in House

Great news - HB 710, Delegate Janis' (a VSSA member) "Castle Doctrine" bill, reported from Courts of Justice with a minor amendment (18-Y 4-N) yesterday and is on its way to the House Floor. Please contact you Delegate and urge them to vote for HB 710. If you don't know the Richmond phone number for your member of the House of Delegates, you can find it here.

Monday, February 4, 2008

Bart Hinkle Nails It

The Virginia Center for Public Safety, the latest place from which former lobbyist Robert "Bob" Ricker draws a pay check, recently sent out an email in full panic mode over HB 710 - Virginia's version of the "Castle Doctrine" legislation. Hinkle posted a blog comment about the email and nails it when he asks the rhetorcal question "And that would be wrong because. . . ?"

Hinkle writes "The obvious problem with applying the duty to retreat to the homeowner is that, inside his domicile, the homeowner already has retreated. He has closeted himself away from the outer world inside what should be his zone of privacy and security. To demand that he then retreat even further (where to? a closet? a panic room?) is absurd."

Well said.

Virginia Presidential Primary Thoughts

Note: This is not an endorsement for any particular candidate but information for voters to use in deciding for whom to vote on February 12th.The presidential race will come to Virginia one week after "Super Duper Tuesday" and just like in 2000, Virginia could play a significant role.

If Senator John McCain, who after winning in Florida, continues to role through the 21 states voting tomorrow, then next week may be all but academic. But, if Mitt Romney, who is running a close second in many of the states can keep McCain from picking up a majority of the delegates up for grabs, Virginia may have a say in the outcome.

Gun owners know that McCain has been a fair weather friend. While he has opposed the Clinton Gun Ban both times he had an opportunity to vote on it, in 2000 he supported ending gun shows as we know them by pushing for background checks on private sales at gun shows. The bills he supported did not just impose background checks but went as far as creating a gun owner registration list, registration of gun shows, and turn casual conversation at gun shows into gun sales. McCain's disdain for the First Amendment is even more egregious. The McCain/Feingold bill made it harder for groups like NRA to communicate with gun owners prior to an election. Clearly, if McCain was a conservative early in his political life, he strayed from that path in the last decade. When he spoke to the NRA's "Celebration of American Values" he highlighted those times that he has been with gun owners.

Former Governor Mitt Romney also has a spotted past when it comes to gun rights. Running for the U.S. Senate against Teddy Kennedy in 1994, Romney said he doesn’t line up with the NRA and favored waiting periods on gun sales. He also supported the Clinton Gun Ban in both 1994 and when he ran for Governor of Massachusetts in 2002. As a candidate for Governor, he said "We do have tough gun laws in Massachusetts; I support them. I won’t chip away at them; I believe they protect us and provide for our safety." Now that he is running for President he has joined the NRA and has had a well covered faux pas regarding his history as a "lifelong hunter." He told attendees at the NRA's "Celebration of American Values" meeting in September that he supports the federal appeals court decision in the D.C. gun ban case. He discussed the issue on Meet the Press as well. Is he a pandering politician or has he really had a change of heart?

Then there is Mike Huckabee. As Governor of Arkansas, he had an "A" rating from the NRA. But, is he really a viable candidate or is he just splitting the conservative votes with Romney allowing McCain to win. Huckabee pulled an upset in Iowa on January 3rd but has not won since. He is basically out of money and is hoping to win in southern states with a high number of evangelical Christian voters to keep his hopes alive. At this point he appears to be running for the number 2 spot on the ticket and may be helping to catapult McCain to the nomination.

For Virginia gun owners who are Democrats, you don't have a pro-gun choice. I can't decide who is worse - Obama or Clinton. Both guarantee that if the Democrats win the White House, gun owners could be in for at least four tough years.

So, what should gun owners do on February 12th? Think long a hard about your decision. The winner of the election will likely have at least one Supreme Court nomination and possibly two. Focusing on the two candidates considered to have the best shot at getting the nomination, McCain claims he would appoint judges like Roberts or Alito yet it has been reported in National Review that McCain might not be so warm to justices like Alito after all. Romney has pledged to appoint justices like Scalia, Thomas, Roberts and Alito. On the Democratic side, we can guarantee that both Obama and Clinton would appoint the likes of Stevens and Ginsberg.

Gun owners are urged to vote on February 12th and to "Vote Freedom First."

UPDATE: According to Instapundit Romney said today that he would "veto any gun control bills that cross his desk as President, including a renewal of the 'assault weapon' ban." This is different than what he said in December on Meet the Press. He also repeated the already disproven claim that the NRA endorsed him in 2002. Instapundit also includes this link on Romney's current position on 2nd Amendment issues.

And this from Jake Tapper on an ABC News blog post: Obama told a crowd in Idaho that he has "no intention of taking away folks' guns." However, it is widely reported that Obama does support gun control and has a record of voting for it in the Illinois Senate. He supported handgun rationing (limiting handgun purchases to one a month) and the Clinton campaign of all people has pointed out when Obama was running for the state legislature, he responded on a questionnaire that he "supported banning the manufacture, sale and possession of handguns.''

Tapper also mentions the recent mistep of both Romney on the gun issue.

Sunday, February 3, 2008

Court Ruling May Be Good for Gun Dealers

This news happened a couple weeks ago but has not gotten wide play in the press. With he General Assembly going on I have just gotten around to posting about it.

U.S. Magistrate Judge Cheryl Pollak said in a January 25th ruling that Mayor Michael Bloomberg's administration did not commit a crime when it sent undercover investigators into gun shops to attempt illegal weapons purchases. He ruled this way because he said no straw purchase ever took place because the firearm never changed hands after it was purchase. This may be good news for the dealers who have not settled with Bloomberg and are still being sued by "His Honor" including Chesterfield's Bob Moates Sports Shop. Of course Bloomberg is spinning the ruling as good news for his side.

Bloomberg's scam was was conducted two years ago as the basis for a civil lawsuit brought by the city against 27 gun dealers in Georgia, Ohio, Pennsylvania, South Carolina and Virginia. Fifteen dealers have settled and agreed to let a special master monitor their sales, and a suit against several of the remaining 12, include Bob Moates is proceeding in federal court in Brooklyn.

A Myrtle Beach newspaper has reported that as part of the discovery process for the case, lawyers for some of the gun shops argued that the city had itself violated the law by attempting the illegal purchases. The National Rifle Association also have complained that Bloomberg's gun sting was a criminal stunt and the Justice Department even did its own inquiry as to whether the city was out of bounds.

But U.S. Magistrate Judge Cheryl Pollak said the court had found "that the city's actions do not constitute a crime or fraud." the Magistrate agreed with the city's argument that the critical factor in a straw purchase is the intent of the buyer and in the purchases made by the city's investigators, the buyer did not hand over the purchased gun later. She said "No 'straw' sale took place because ownership was never transferred." While Bloomberg thinks this is good for him, I can't see how this could be considered good news for his lawsuits because if "no 'straw' sale took place" then how could the dealers have done anything wrong?