By James C. Sherlock

I was a career military man.

I am a conservative and a gun owner. As a younger man, I won competitive awards for marksmanship with both rifle and pistol.

I own a semi-automatic Glock for home protection.  I train regularly and at almost 77 can still hit what I aim at.

With that introduction, I have a couple of suggestions for gun legislation in Virginia that I hope will draw condemnation from both the left and the right so that I know I have it roughly right.

I have four criteria for firearms legislation:

  • changes that can matter to the safety of children and law enforcement officers;
  • changes that can deter criminals from use of a firearm in the commission of a crime;
  • changes that do not disadvantage the average citizen’s possession and use of firearms; and
  • changes that can pass Second Amendment review in federal court.

Those are, as a group, difficult needles to thread simultaneously.  They should be.

This article involves semi-automatic long guns – rifles and shotguns.

Semiautomatic long guns.  I opposed the “assault weapons” ban because it was drawn up by people who knew nothing of guns.  They outlawed the cosmetics of the guns they thought were the problem when what they were trying to get at was their semiautomatic features.

  • I suggest outlawing in Virginia the sale or trade of any semiautomatic long gun.  Possession and use for non-criminal purposes would be legal.  Passing those weapons down to immediate family would also be legal.  No confiscation.
  • I further recommend Virginia make the use of a firearm in a crime a separate Class 2 felony punishable by up to life imprisonment.  It is currently a separate crime punishable by a maximum sentence of three years in prison.

Anticipating the pushback from some fellow gun owners, I’ll try to answer the objections I anticipate:

  1. Unconstitutional.  “Assault rifles” were banned for ten years in America.  That law was never found unconstitutional and enforcement enjoined by a federal court.
  2. Elephant’s nose under the tent.  This law will lead to more restrictive laws.  Answer.  More restrictive laws are unlikely to pass constitutional muster.  Many favor a ban on extended magazines, defined as magazines larger that the manufacturer normally sells included with the weapon.  But a law to that effect in California was found unconstitutional.
  3. I need a semiautomatic rifle to hunt.  Really Alice?  If you are hunting with a long gun and profess need for a semiautomatic weapon, you are admitting to doubting your ability to hit what you aim at.  Consider what you might hit instead.  Go to the range and get good enough before taking that weapon into the wild.  If you are planning to bring down a herd of something without having to chamber a new round, reconsider your hunting priorities.  If you think you will miss with your long gun and be charged by an enraged elephant, carry a semiautomatic pistol.  The most powerful of them will bring down said elephant.
  4. Extended magazines. A ban proved unconstitutional.  See #2 above. But for individual gun owners, consider that extended magazines cheaply made are more likely to result in a jam than the ones sold with the weapon.  Clearing a jam will take you a hell of a lot longer than inserting a fresh magazine.
  5. People need semiautomatic long guns to defend their businesses.  That can be a valid concern, especially in certain businesses.  Write the exception into the law.
  6. I want to be a member of a well-regulated militia.  Join the National Guard.  They have much better weapons than you can buy.
  7. I want to defend myself against the government.  First, get trained in what it is legal for you to buy.  Second, if semi-automatic pistols and manually chambered long guns won’t do it, then you are probably out of your league.  See #6.

What will it accomplish?  Over time, one will reduce the presence of semi-automatic long guns in Virginia.  The other will certainly discourage their use in crimes.  Law enforcement will be a less dangerous occupation.  Children will be somewhat less threatened in schools.

Too much for many.  Not nearly enough for others.  My recommendations appear to pass constitutional tests.  They do not threaten current owners of semiautomatic long guns or their progeny except ones incompetent in the use of those guns.

Those should spend more time on the range.

Just a thought.

Updated May 30 8:17 AM


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Comments

148 responses to “A Gun Owner’s Suggestion for Virginia Gun Laws”

  1. William O'Keefe Avatar
    William O’Keefe

    Thank you James for positing a policy that can stimulate a good debate and lead to common ground. At the end of this discussion, I hope you will circulate a petition that can be sent to every member of the General Assembly.

    1. James C. Sherlock Avatar
      James C. Sherlock

      All are welcome to send this article to their Assembly members and the Governor.

      1. Lefty665 Avatar
        Lefty665

        They need a good laugh, this session has been testy.

  2. I think we need to institutionalize mentally disturbed. If one cuts up one’s face —– there is a mental problem indicating that person should not be walking among us and certainly should not be able to buy any firearm.

    1. James C. Sherlock Avatar
      James C. Sherlock

      Agree.

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      There are provisions in the law for confining severely mentally ill persons to institutions. There are also provisions in Virginia law for involuntarily committing persons for mental health evaluation. If you remember, Sen. Creigh Deeds took his son in for involuntary commitment, but a bed in an institution could not be located within the time frame allowed by law and he had to take his son home. The next morning, the son attacked Deeds with a knife and severely wounded him. While Deeds was running to summon help, the son killed himself.

      1. Lefty665 Avatar
        Lefty665

        Deeds was again, as with Cho, an incompetent Community Services Board. There were beds available, specifically at UVA among other places. They are listed in a registry.

        Virginia’s community mental health system is local and varies profoundly from locality to locality. The good ones are ok and the no good ones suck. In the Richmond area Henrico is one of the former and Hanover in the bottom end of the latter.

    3. killerhertz Avatar
      killerhertz

      Let’s also institutionalize those with gender dysphoria and ensure they are ineligible of teaching children in government schools.

  3. Please define ‘extended magazine’ and/or ‘high capacity magazine’. With the 94 ban ten round magazines were acceptable — anything more was illegal. Please explain why 11 is evil and dangerous.

    1. James C. Sherlock Avatar
      James C. Sherlock

      Extended magazines are defined as attachments that can be added to firearms so they carry more bullets than the gun manufacturers standard magazine sold with the weapon.

      As I wrote, a federal court set the current precedent when it found a California law on limiting extended magazines to be unconstitutional. So you are looking for a fight already decided.

      1. But you don’t explain why these are bad and evil and cause crime.

        1. James C. Sherlock Avatar
          James C. Sherlock

          KLS, read my article again. I did not write what you are asking me to explain. Neither did I advocate any law about extended magazines. To the contrary, I pointed out the a federal courts found banning them to be unconstitutional. Take a breath.

          1. it’s a question to all who throw around such limitation talk…. the magazines are not the problem. the crazy criminals are… why not ‘control’ them and leave the law abiding shooters alone. We own 400,000,000 firearms… few are used in crime.

      2. vicnicholls Avatar
        vicnicholls

        I know people with extended mags. Know what they use them for? When they have competitions. Shaves a few seconds off the reload time.

        1. James C. Sherlock Avatar
          James C. Sherlock

          Fine, Vic.

          Personally, if I were staging a competition to determine who was the best shooter, I would try to level the playing field more than that. I have never seen or participated in a competition that permitted use of extended magazines.

          But I take you at your word.

          I suspect that this very limited type of use might not be a deal breaker in the General Assembly.

          1. vicnicholls Avatar
            vicnicholls

            It would be for us. Banning extended mags is a problem because criminals would be able to get them and those of us taught/practiced can do it in a couple of seconds for handguns, just a little longer on the AR15’s. This is why quite honestly, a ban on extended mags makes zero sense. Its not like those couple of seconds truly make a difference. If you have more than one shooter (as per Columnbine), you can have one still shooting and the other reload.

      3. Matt Hurt Avatar
        Matt Hurt

        30 round magazines are standard capacity for AR rifles and are typically shipped with them. The 30 round magazines for most pistols are considered extended since they extend below the grip and the pistols are typically not shipped with them.

        1. vicnicholls Avatar
          vicnicholls

          The extended mags for Glocks are pretty cheap. Trying to find 5 or 10 round for AR15’s is infinitely harder because those are more zero’ing scopes or testing rounds.

  4. tadmd Avatar

    Aside from the banning or not banning of semi automatic rifles, I saw an interesting suggestion which would indeed prevent a lot of the tragedies that have been committed by young adults including in Uvalde. The suggestion was: Carry certain violent juvenile crimes across to their adult records without being wiped out at adulthood. This would prevent the sale of weapons by an FFL dealer to a majority of these troubled people who haven’t obtained their weapon illegally.

    1. James C. Sherlock Avatar
      James C. Sherlock

      If accessible only by law enforcement with the permission of a court I agree. Blanket permission can be given for the investigation of a crime or the conduct of background investigations for gun purchases.

  5. Will Vehrs Avatar
    Will Vehrs

    These seem reasonable and narrowly tailored. Then again, I have never owned or discharged a firearm except during military service. I consider myself a strong Second Amendment supporter.

    I am struck by one thing after the Buffalo and Uvalde murders: the one thing that might have stopped both killers is background checks that access juvenile records. Neither of these disturbed individuals would have passed a legitimate check with their histories.

    I realize sealing juvenile records is close to sacrosanct, but I would carve out an exception. A juvenile court could issue a finding of “This individual is banned from owning or possessing a firearm until age 21.’ That simple record would not be sealed. It could be expunged at age 21.

    Another idea is to require a “sponsor” for any 18-21 year old to purchase a firearm. The sponsor must be over 21 and pass a background check along with the purchaser. What liability or responsibility could accrue to a sponsor could be worked out, but nobody seemed to know that these killers had guns and ammunition. Call it “The Lone Wolf” law.

    1. The one thing what would have stopped the Uvalde criminal would have been keeping the door locked and not propped open against school security protocols.

      The one other thing would have been to institutionalize the person after his self mutilation.

      And neither action would have infringed on any other law abiding person’s rights.

      1. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        First, he oould have shot his way into the school if the door were locked. That is what the Sandy Hook shooter did.

        Two, in order for him to be institutionalized for self-mutiliation, authorities would have to have known about it. They did not know. In Virginia, if law enforcement had known, he could have been involutarily committed for evaluation. I don’t know about the provisions of Texas law.

        1. ‘They’ did not know he cut up his face? Where were the adults?

          Again = not a word about the teacher….

        2. Matt Adams Avatar
          Matt Adams

          Unless the door is glass you’re not shooting through a door. Despite what you see in the movies the hardened steel used to create locks just don’t fall away. Your have to pry the door open after you make a heck of a lucky shot into the mechanism.

          1. not with breaching shotguns… which Police should have

          2. Matt Adams Avatar
            Matt Adams

            To breach a door you shoot the hinges not the lock.

    2. James C. Sherlock Avatar
      James C. Sherlock

      I am not a lawyer but have tried to apply court decisions with which I am relatively familiar in making my tailored recommendations above.

      Your idea of a court ordering “This individual is banned from owning or possessing a firearm until age 21” seems to me to be constitutional and within the discretion of the courts now. I base that on the fact that a court can order institutionalization.

      On the other hand I don’t personally think that raising the age from 18 to 21 for everyone without a sponsor would pass court review. I don’t personally support that change, but federal courts would have to decide.

      Of note, it is already against the law for licensed persons to sell or deliver handguns and ammunition to those under 21, but legal for private citizens to do so to those at or over the age of 18.
      18 U.S. Code § 922
      (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

      (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

      But the same law for unlicensed persons is that they cannot sell or deliver handguns or handgun ammunition to persons under the age of 18.

      But private sale of handguns and ammunition to that same 18 year old buyer by a private citizen is legal.
      One of the attorneys here might wish to weigh in

      1. WayneS Avatar

        I suggest you take a look at court decisions regarding firearms “in common use”.

        I suspect a law banning the sale of a class of firearm that has been in common use for well over 100 years will not pass constitutional muster.

        https://harvardlpr.com/online-articles/the-second-amendment-in-the-states-and-the-limits-of-the-common-use-standard/

        1. James C. Sherlock Avatar
          James C. Sherlock

          You may be right.

  6. Nancy Naive Avatar
    Nancy Naive

    I just can’t understand why a beta male conservative isn’t fully behind extremely strict access to the assault style weapons, including safety training, registration, regular background checks, etc.. It’s the tool of their trade. If any delta male can get his hands on one, they how can we tell them apart?

  7. Nancy Naive Avatar
    Nancy Naive

    7 is reason to deny ownership. Violent/armed overthrow or resistance is illegal. Scalia as much as said so in Heller.

    1. Matt Hurt Avatar
      Matt Hurt

      Scalia also wrote that weapons protected are those “in common use at the time”. How common is the AR-15?

      https://www.supremecourt.gov/opinions/07pdf/07-290.pdf

      1. Out of the 400M firearms legally owned in the US, 14M are AR-15 style rifles

        1. Matt Hurt Avatar
          Matt Hurt

          That sounds pretty common to me.

          1. Lefty665 Avatar
            Lefty665

            1 for every 2 dozen people in the country. That doesn’t count the AKs, SKSs, M1 Carbines, Garands, and miscellaneous so there’s likely more of them altogether than ARs. Oh then there’s all the semi auto shotguns Browning and Remington have made since they started in 1903. Think about that, semi auto long guns have been produced and used in this country since the Wright Brothers flew and half a decade before Henry Ford introduced the Model T.

          2. vicnicholls Avatar
            vicnicholls

            AK’s aren’t that common. Some weapons like the 9mm Makarov I wouldn’t count as 9mm but they might be listed under someone who doesn’t have a clue what they are. Not that there is an issue with Russia, some of the ammo can be an issue.

          3. Lefty665 Avatar
            Lefty665

            For years there were SKSs around by the bale. Altogether there were more than 11M M1s, Garands and Carbines. I’ve got no clue how many were directly surplused or reimported over the decades. Seems like a lot. Dunno how many Mini14s and Ranch Rifles Ruger made either.

          4. vicnicholls Avatar
            vicnicholls

            Matt it depends a lot on how they’re measuring it. You can buy the lower and just have a lower, you can buy an upper and just have an upper. The only part that is tracked w/a serial # is the lower. You can buy a parts kit, no serial #. So depends on how they’re measuring what you have, as just having an upper or lower or the parts, doesn’t mean you have a functional AR15. Are they saying only those that are registered w/ATF (the bribe payment) for suppressors are counted? Do they count SBR’s as AR15’s? That’s part of the issue. This is why you don’t allow folks who have zero clue on weapons to make laws or even count them, without a lot of context. There are variations in AR15’s. You can have a 9mm that is modified to be an AR15. Is that really an AR15? It depends. 9mm is handgun ammo. You use the same. 223, 556, 7.62, 6.5, all those are rifle caliber ammo.

      2. Nancy Naive Avatar
        Nancy Naive

        Depends on scenario. School shootings? Drug cartels? Tool of choice. Rabbit hunting, not so much.

        1. Matt Hurt Avatar
          Matt Hurt

          You know, that brings up a great point. It seems that many of the shootings we experience seem to be gang related. I bet that many of those are due to the fact that when one is engaged in the illicit drug trade and you get into a kerfuffle with another dealer, there’s no legal recourse to solve the problem peacefully through the courts. I would suspect if we decriminalized drugs that we could save many gunshot victims pro-actively.

          I know there’s an argument that more folks may die of overdoses because drugs will then be legal, but I have yet to meet a person who would like to take drugs and can’t get them. Therefore, this argument doesn’t seem to hold water.

          1. Nancy Naive Avatar
            Nancy Naive

            Can you spell “MAFIA”? Same difference. Feb 14, N. Clark St.

      3. WayneS Avatar

        It (and its variants) is the most popular rifle in the history of the United States. And it is second only to the AK-47 (and variants) worldwide.

  8. Matt Adams Avatar
    Matt Adams

    The problem with the 94 ban as you indicated it was enacted by individuals who have zero understanding of the firearm. It was based upon cosmetic features that do not add any significance to the firearm.

    Furthermore, the ’94 ban did nothing to curb gun violence. It also only banned the manufacture and sale of semi-auto weapons after ’94. All firearms that were made prior to that were legal for trade and sale.

    The firearm action doesn’t make it anymore lethal, it’s the person behind the firearm that makes I lethal.

    You’re attempting the same approach that was behind the NFA ’34. Which was enacted because the gangsters were better armed than the feds. It was never about public safety it was about Fed safety, which can be concluded as you can still buy one if you pay a year tax to Uncle Sugar.

    As for the NG having better equipment than a civilian, you’re wrong. They just have select fires that were produced after 1986. The Daniel Defense AR that was used in Texas, is superior to anything that the NG or even Regular Army uses. If you want to utilize something better, you’d have to venture to SOCOM or the Unit.

    Why are we still going after the tool, using a firearm in the commission of a crime is already a crime that comes with mandatory sentences. If we want to look at gun crime and safety, we should enforce the laws on the books already.

    If you want to have a meaningful impact on gun violence enforcing the Laws on the books as well as unsealing violent juvenile records will allow background checks to work as intended.

    You’re never going to stop bad individuals, murder it already a crime.

    1. James C. Sherlock Avatar
      James C. Sherlock

      Matt, I was referring to the National Guard F-16’s, A-10s, crew served artillery and armor among dozens of other military options.

      National Guard four (at least), average citizen with a Daniel Defense AR nothing.

      As for current Virginia law on use of a firearm in the commission of a felony, see § 18.2-53.1. Use or display of firearm in committing felony.

      “It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in § 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.2-51.1, aggravated malicious wounding as defined in § 18.2-51.2, malicious wounding by mob as defined in § 18.2-41 or abduction. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction, and to a mandatory minimum term of five years for a second or subsequent conviction under the provisions of this section. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.”

      See my recommendation making the use of a semiautomatic long gun in the commission of a crime. Recommendation is to change current law and make that a Class 2 felony with a maximum sentence of life imprisonment first offense.

      Word will quickly get out. We will seldom see it again.

    2. James C. Sherlock Avatar
      James C. Sherlock

      Matt, I was referring to the National Guard F-16’s, A-10s, crew served artillery and armor among dozens of other military options.

      National Guard four (at least), average citizen with a Daniel Defense AR nothing.

      As for current Virginia law on use of a firearm in the commission of a felony, see § 18.2-53.1. Use or display of firearm in committing felony.

      “It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in § 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.2-51.1, aggravated malicious wounding as defined in § 18.2-51.2, malicious wounding by mob as defined in § 18.2-41 or abduction. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction, and to a mandatory minimum term of five years for a second or subsequent conviction under the provisions of this section. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.”

      See my recommendation making the use of a semiautomatic long gun in the commission of a crime. Recommendation is to change current law and make that a Class 2 felony with a maximum sentence of life imprisonment first offense.

      Word will quickly get out. We will seldom see it again.

    3. James C. Sherlock Avatar
      James C. Sherlock

      Matt, I was referring to the National Guard F-16’s, A-10s, crew served artillery and armor among dozens of other military options.

      National Guard four (at least), average citizen with a Daniel Defense AR nothing.

      As for current Virginia law on use of a firearm in the commission of a felony, see § 18.2-53.1. Use or display of firearm in committing felony.

      “It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in § 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.2-51.1, aggravated malicious wounding as defined in § 18.2-51.2, malicious wounding by mob as defined in § 18.2-41 or abduction. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction, and to a mandatory minimum term of five years for a second or subsequent conviction under the provisions of this section. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.”

      See my recommendation making the use of a semiautomatic long gun in the commission of a crime. Recommendation is to change current law and make that a Class 2 felony with a maximum sentence of life imprisonment first offense.

      Word will quickly get out. We will seldom see it again.

      1. Matt Adams Avatar
        Matt Adams

        Well those as described are entities of the Air National Guard a separate institution. However, I don’t believe any Guard or Reserve Unit operates the A10. The Air Force doesn’t even want to operate them, which is contrary to the desires of the infantry who utilizes CAS.

        I’m all for taking on additional sentence of using a gun in the commission on a crime, I don’t even think it matters if it was a handgun, long gun, muzzleloader or the like. If you commit a crime with a gun, mandatory 30 years in prison without the possibility or parole.

        However, we shouldn’t be impacting those who don’t commit crimes with their firearms. The firearm is a tool, as shown by events all over the world a car, a knife and or an IED can be just as devastating. I say this as a gun owner, but not an AR style owner. I find their prices to great and not worth the ROI.

        1. vicnicholls Avatar
          vicnicholls

          @disqus_Ce8GQr8vRA:disqus Build an AR15. Its cheaper to build, actually comparable to most Glocks.

          1. Matt Adams Avatar
            Matt Adams

            Thanks for the info glad the Air National Guard will keep them flying while the Air Force attempts to mothball them.

            Doesn’t detract from my point at all.

            Any gun crime should be punished, the use of what doesn’t matter. A 30-30 lever action will punch through 3 plate carriers before it stops because that’s a 30 caliber round. It has an 7 rounds at the ready. It loads just as quick as a box detachable.

            Unseal juvenile violent records and let background checks function as they were intended.

          2. James C. Sherlock Avatar
            James C. Sherlock

            “Any gun crime should be punished, the use of what doesn’t matter. A 30-30 lever action will punch through 3 plate carriers before it stops because that’s a 30 caliber round. It has an 7 rounds at the ready. It loads just as quick as a box detachable.” Answer: After consideration, I updated my recommendation on making the use of a semiautomatic long gun in commission of a crime a class 2 felony in Virginia to include all firearms.

            “Unseal juvenile violent records and let background checks function as they were intended”. I don’t know if “unseal” is the correct term in this case, but I agree with the approach and I include mental health records accessible only by law enforcement, not employers.

          3. Matt Adams Avatar
            Matt Adams

            I can agree with all these as long as there is no ban on ownership of the firearm. It’s better to punish those who use them in the commission of a crime than punish those who are law abiding.

            The largest hurdle for the mental health is going to be HIPPA. That needs amended IOT accomplish that, as well as modifying the requirements to get someone into the system.

          4. James C. Sherlock Avatar
            James C. Sherlock

            I recommended no ban on ownership.

            As for HIPPA, a HIPAA-covered health care provider or health plan may share your protected health information if it has a court order. This includes the order of an administrative tribunal. But private healthcare providers do not seem to come into play under federal law.

            Here is what federal law says on the matter:
            18 U.S.C. 922(g) “prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one who: has been convicted of a felony in any Federal, including a general court-martial, State or local court, or any other crime, punishable by imprisonment for a term exceeding one year; is a fugitive from justice; is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance; has been adjudicated as a mental defective or has been committed to a mental institution; has been discharged from the Armed Forces under dishonorable conditions; is subject to certain restraining orders; convicted of a misdemeanor crime of domestic violence under Federal, including a general court-martial, State or Tribal law; has renounced his/her U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United States under a nonimmigrant visa. Furthermore, section 922(n) prohibits the shipment, transportation, or receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony in any Federal, including a general court-martial, State or local court, or any other crime, punishable by imprisonment for a term exceeding one year. An information is a formal accusation of a crime verified by a prosecutor.”

            Adjudicated as a Mental Defective means: “A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others; or (2) lacks the mental capacity to contract or manage his own affairs. This term shall include: (1) a finding of insanity by a court in a criminal case; and (2) those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility.”

            In the 70’s, a private clinical psychiatrist could order confinement of a patient. That is no longer an option.

          5. Matt Adams Avatar
            Matt Adams

            I think you’ll have a barrier to implement mental health records if it requires a court order for a background check. Not that I am not for due process but I highly doubt it will work. There needs to be a hybrid system and it should not result in a lifetime ban of ownership. It should be able to be revisited.

            Much like red flag laws we have right now, they are too close to the no fly list which is at least in my opinion Unconstitutional as it provides no die process or redress.

            You’re last statement about the patient confinement is so very true and I believe the crux or at lot of our issues today.

          6. James C. Sherlock Avatar
            James C. Sherlock

            The ATF background checks, because they only seek court records and are only conducted by law enforcement officials, do not require a court order.

          7. Matt Adams Avatar
            Matt Adams

            I still believe you’ll have to modify the system as it currently stands, otherwise wouldn’t it have been done before now?

          8. Lefty665 Avatar
            Lefty665

            Background checks also include mental health records that are required to be reported by law in addition to court records.

            Virginia explicitly amended our law after Cho because the Community Services Board in Blacksburg failed to either provide court ordered services or report as required by existing law.

          9. James C. Sherlock Avatar
            James C. Sherlock

            Thanks. I did not check state law on that, just federal law. My bad.

          10. vicnicholls Avatar
            vicnicholls

            HIPAA

        2. James C. Sherlock Avatar
          James C. Sherlock

          I take your point. We agree to disagree on this one specific recommendation. I note that It does not impact anyone who currently owns a semiautomatic long gun. You are more absolutist than I, which is fair enough. If the courts had struck down the 94 federal law, I would not have made even this recommendation.

          1. Matt Adams Avatar
            Matt Adams

            I don’t think the 94 ban was ever taken to the court, because it had a sunset. The 94 ban was just a ball of garbage that was and has been touted as effective, when in face it was not.

          2. James C. Sherlock Avatar
            James C. Sherlock

            It is impossible for me to believe that no lawsuit was filed in a decade.

          3. Matt Adams Avatar
            Matt Adams

            I was unable to find any lawsuits I’m searches I conducted, that however doesn’t mean they didn’t happen.

            However, like I said. That ban only stopped manufacturing, sale and trade of “assault weapons” after 1994. If it was manufactured in 1993 it was still legal to sell, transfer or trade.

          4. Lefty665 Avatar
            Lefty665

            Mfrs quickly made the cosmetic changes required by the law and were not materially damaged. Plus, no need to spend money on court when the law sunsetted as you noted, and you don’t risk getting an adverse decision.

            Some of the changes were leaving things off, stuff like bayonet mounts. That made the guns simpler and cheaper to produce. It was a twofer.

          5. Matt Adams Avatar
            Matt Adams

            Ah the good old bayonet lug, yep totally made it more deadly 🤣

          6. Lefty665 Avatar
            Lefty665

            Yeah folding stocks, flash suppressors, pistol grips and grenade launchers too. Detachable magazines and 2 or more items from column B made it an evil looking gun and was banned.

          7. Lefty665 Avatar
            Lefty665

            It was unkind, I deleted it.

  9. dick dyas Avatar
    dick dyas

    Can the federal government mandate recalibration of all ammunition manufactured in the U.S.?
    Maybe, starting over with new ammo will eventually make existing weapons useless. The new guns to accommodate it can be better regulated.

    1. Rafaelo Avatar
      Rafaelo

      Ha! Like Apple operating systems. Buy a new computer as their “upgrades” make the old one obsolete. Infuriating.

      But no — people would just hand-load the old cartridges.

      Even if they had to buy a new gun, they would.

      Password software like on your Iphone wouldn’t stop somebody from buying their own gun. And using it, as all the last several mass shooters did.

      Nor can you predict what ordinary, quiet neighbor is going to turn into an angry nutcase mass shooter.

      Truth is if guns are for sale, people will buy them and kill with them. We aren’t going to ban guns. So it looks like we learn to live with random killings. As we do.

      Watch: in 48-72 hours this will be out of the news.

      1. And not a word will be written or spoken on Tuesday about the weekend carnage in Chicago or Baltimore….a weekly occurrence.

      2. vicnicholls Avatar
        vicnicholls

        Not hard to learn to reload.

    2. WayneS Avatar

      Can the federal government mandate recalibration of all ammunition manufactured in the U.S.?

      The constitution protects the right to keep and bear arms.

      The Oxford dictionary of the English language defines ‘arms’ as “weapons and ammunition; armaments”.

  10. Carter Melton Avatar
    Carter Melton

    So would this mean that the only legal long guns would be bolt action or double barrel shotguns ?

  11. vicnicholls Avatar
    vicnicholls

    You know why you won’t get a long gun ban? Handicapped/disabled and women. Long guns are more stable and easier for them to carry and hit then handguns. I know a # of women that couldn’t hit a mansion 10 ft out with a handgun, but they could target a 3″ bullseye on 75 feet or better with a rifle/shotgun/AR15 style weapon. I would never consent to any gun control whatsoever until those who commit crimes with a firearm of any type get an extra 5 years with no early bailout on the 5 years. Get them away from criminals first, then we’ll discuss it. Until then, criminals being able to outgun the law abiding? Nope. They’re only looking for all this stirring up to try and stir the bases to disarm the American public.

    1. Lefty665 Avatar
      Lefty665

      Goes for lots of guys too. We got the M1 Carbine in WWII because it takes a lot more practice to train someone to hit with a pistol than with a long gun beyond very close range. Lower power creating less recoil and compact size were other features. Not a coincidence those were design criteria for the M16 too.

    2. James C. Sherlock Avatar
      James C. Sherlock

      In Virginia, commission of a crime with a firearm is already a separate felony, but punishable with only an additional 3 years for first offense, 5 for second.

      I have above recommended raising it to a class 2 felony punishable by up to life in prison for use of semiautomatic long guns in the commission of a crime. I would be good with that provision being expanded to include use of any firearm in the commission of a crime.

      1. James C. Sherlock Avatar
        James C. Sherlock

        After thinking about it for a day, I updated my recommendation on classifying the use of a firearm in commission of a crime as a Class 2 felony in Virginia to include any firearm, not just semiautomatic long gun. Makes more sense and protects more people.

        1. Lefty665 Avatar
          Lefty665

          And it covers the other 98% of non semi auto rifle gun crimes.

  12. vicnicholls Avatar
    vicnicholls

    While we’re at it, machine guns should be legal for certain classes of regular folks. They are fun as all fart at a range.

    1. Matt Hurt Avatar
      Matt Hurt

      They are. The NFA of 1934 didn’t outlaw them, only regulate them. With a $200 tax stamp, a more stringent background check, and roughly a year to go through the process will provide you with a machine gun. The problem is that the 1986 Hughes Amendment stopped further production for private sale in the US, and the Gun Control Act of 1968 banned further importation for public sales. These have cause the price of machine guns through the roof so that only rich people can afford them for their security details.

      1. Matt Adams Avatar
        Matt Adams

        The good old ’34 NFA. Was never about public safety and more about FBI safety. Can’t have those gangsters better armed that the Feds. However, with all bans it only impacted legal ownership, gangsters were still gonna gangster (see Lake Mead).

        1. Matt Hurt Avatar
          Matt Hurt

          Yes sir. Just like all of the gun bans in Europe did nothing to stop the massacre of 130 innocent people at the Bataclan in 2015. In fact, if you’ve ever read the 34 NFA, you’ll see how arbitrary many of the points are. For example, a rifle with a barrel of less than 16 inches is highly regulated (short barreled rifle). I guess that’s because a rifle with a barrel that is 15 and 15/16th inches long is considerably more deadly.

          1. Matt Adams Avatar
            Matt Adams

            SBR classification is so arbitrary, nothing like determining that something less accurate is more deadly. Same goes for sawed off shotguns. I suppose I can understand the argument it’s easier to conceal, but outside of that I see nothing.

          2. Lefty665 Avatar
            Lefty665

            That’s about how long the barrel was on the gun ATF went after Randy Weaver for at Ruby Ridge. It was just a smidge short. He cut on the wrong side of the mark on the barrel.

          3. vicnicholls Avatar
            vicnicholls

            Not really. 7.5 and 10.5 are still very accurate. It actually discriminates against women and the handicapped because the smaller barrels are easier to handle. Weight and where the weight is distributed make a difference.

  13. Lefty665 Avatar
    Lefty665

    I have a couple of suggestions for gun legislation in Virginia that I hope will draw condemnation from both the left and the right so that I know I have it roughly right.

    Or that you are simply wrong from every perspective. That seems more likely.

    Virginia law makes any rifle with a magazine over 20 rounds an “assault rifle”, but you would permit anything that shipped with a 30 round mag legal. Curious.

    Cars kill people too. Perhaps you would like to outlaw self starters and make drivers go back to hand cranks because if you need an auto starter you need more driver training.

    Maybe you would benefit from some more time on the beach where you find it beautiful.

  14. Nancy Naive Avatar
    Nancy Naive

    I just can’t understand why a beta male conservative isn’t fully behind extremely strict access to the assault style weapons, including safety training, registration, regular background checks, etc.. It’s the tool of their trade. If any delta male can get his hands on one, then how are we to tell them apart?

  15. Nancy Naive Avatar
    Nancy Naive

    “…just a fun, recreational machine gun…”
    https://m.youtube.com/watch?v=J50N5lQoAFw

  16. Edward L Haugland Avatar
    Edward L Haugland

    Don’t agree, but nice try. The one thing this guy fails at is to realize it’s the social decay of America, not guns, that is driving the shootings. Lastly, such shootings happen ever god damned weekend in black progressive cities … no out cry why? Because Democrats are both racist and hypocrites. No child should have to grow up in a society the Democrats create

  17. Rafaelo Avatar
    Rafaelo

    Smaller magazine +longer pause between shots = fewer dead kids, maybe. But maybe not.

    Oswald shot Kennedy with a bolt-action rifle (Carcano Model 38 infantry carbine). And wounded John Connally and James Tague. Fired at least three shots in two seconds.

    The shooter in Uvalde was in a classroom with kids for 78 minutes.

    I do appreciate the thoughtful article, and banning assault rifles as a “we have to do SOMETHING” gesture. Going back to bolt action rifles not enough though: going back to muzzle loading muskets even better. They were after all, what the 2nd Amendment had in mind.

    But sad to say, Scalia was wrong in Heller as a matter of historical fact: private citizens did own cannons. Privateers mounted swivels, sometimes carronades. And they had pistols, muskets, boarding pikes, cutlasses. The original right to bear arms embraces much more than just rifles and pistols. And it did envision armed rebellion against our own government.

    I have to agree with the late Justice John Paul Stevens, who suggested amending the 2nd Amendment so the right to bear arms only applies to those serving in a well regulated militia.

    Exhibit A: Australia. They changed their law, collected most all the guns; no mass shootings there of late.

    Exhibit B: Baltimore. Detroit. Cleveland. Angry nutcases who shoot up schools and supermarkets are not a patch on statistics from those cities.

    1. vicnicholls Avatar
      vicnicholls

      Australia also has been having gulags and the like with COVID. They were able to terrorize and to heck with the rights of anyone because they had no weapons to fight back.

    2. Lefty665 Avatar
      Lefty665

      FYI, cycle time on Mauser type rifles, of which the Carcano is one, is about 2 1/2 seconds.

      1. Rafaelo Avatar
        Rafaelo

        Yes, Lefty665 is right and I was wrong. The two second figure was indeed the cycle time for that rifle, not the time elapsed. Here is what the Warren Commmission opined (there are those who believe nothing they say):

        “TIME SPAN OF SHOTS
        Witnesses at the assassination scene said that the shots were fired within a few seconds, with the general estimate being 5 to 6 seconds.365 That approximation was most probably based on the earlier publicized reports that the first shot struck the President in the neck, the second wounded the Governor and the third shattered the President’s head, with the time span from the neck to the head shots on the President being approximately 5 seconds. As previously indicated, the time span between the shot entering the back of the President’s neck and the bullet which shattered his skull was 4.8 to 5.6 seconds. If the second shot missed, then 4.8 to 5.6 seconds was the total time span of the shots. If either the first or third shots missed, then a minimum of 2.3 seconds (necessary to operate the rifle) must be added to the time span of the shots which hit, giving a minimum time of 7.1 to 7.9 seconds for the three shots. If more than 2.3 seconds elapsed between a shot that missed and one that hit, then the time span would be correspondingly increased.”

        1. Lefty665 Avatar
          Lefty665

          Tks for the Warren quote.

          There’s some likelihood that the 1st shot was a “short round” that was slower than the others. That would put the impacts shown on Zapruder closer together than the firings. But, they timed out well over 2 seconds. It takes time to work a bolt and to sight.

    3. Nancy Naive Avatar
      Nancy Naive

      11 seconds based on frame rates in the Zapruder film. Probably still the best measure.

    4. WayneS Avatar

      …going back to muzzle loading muskets even better. They were after all, what the 2nd Amendment had in mind.

      Yes, and the Press should be required to report the news using newspapers pressed out on wood-framed screw-type printing presses. They were, after all, what the 1st Amendment had in mind…

  18. Lefty665 Avatar
    Lefty665

    J C Sherlock: I have a couple of suggestions for gun legislation in Virginia that I hope will draw condemnation from both the left and the right so that I know I have it roughly right.

    Or that you are simply wrong from every perspective. That seems more likely.

    Virginia law makes any rifle with a magazine over 20 rounds an “assault rifle”, but you would make anything that shipped with a 30 round mag legal. Curious.

    Cars kill people too. Perhaps you would like to outlaw self starters and make drivers go back to hand cranks because if you need an auto starter you need more driver training.

    Rifles are used in around 5% of gun crimes. The other 95%, handguns, would be a 19x larger target. Sorry, I know it is unfair to inflict those number thingies on you, but if you actually want to do something about gun crime you are looking down the wrong end of the telescope.

    1. Nancy Naive Avatar
      Nancy Naive

      Is that 5% of incidents, or 5% of the bodies? Yep, handguns are prevalent, but in the world of mass killing, you want the proper tool.

      1. Lefty665 Avatar
        Lefty665

        5% of crimes, and likely less than 5% of bodies. The high profile tragedies get the attention, but the mundane day to day massacres are where the bodies and wounded pile up.

      2. WayneS Avatar

        It’s actually more like 4% of the bodies.

        1. Nancy Naive Avatar
          Nancy Naive

          Whew. Much better.

    2. Eric the half a troll Avatar
      Eric the half a troll

      “Cars kill people too.”

      You must have liability insurance, register your car with the state, pass a driving test, get your car safety inspected yearly (most places) and own a current license to drive a car. If you want to drive really dangerous cars, you have to have a special license. Yes, we should indeed treat these two issues the same. And like with a car, within the confines of regulation, I could care less what gun you buy if those controls were in place.

    3. Eric the half a troll Avatar
      Eric the half a troll

      “Cars kill people too.”

      You must have liability insurance, register your car with the state, pass a driving test, get your car safety inspected yearly (most places) and own a current license to drive a car. If you want to drive really dangerous vehicles, you have to have a special license. Yes, we should indeed treat these two issues the same. And like with a car, within the confines of regulation, I could care less what gun you buy if those controls were in place.

      1. Lefty665 Avatar
        Lefty665

        I don’t recall seeing cars in the Constitution as a right. Have I missed that?

        My point was that outlawing a feature of some guns that makes them easier to use is much like making cars (also deadly) harder to use. That is not a choice we as a society care to make.

        1. Eric the half a troll Avatar
          Eric the half a troll

          Is not the right to own and use one’s property a Constitutional right? The requirement to have a permit for certain arms is well tested as is the requirement for a permit to carry a concealed weapon.

          Yes, we do regulate the ownership and use of unsafe autos… we even regulate what you must do when operating or riding in an auto to a great deal… the intent (just like with gun regulations) is not to make them harder to use (which may be an unintended result of both auto and gun regulation) but it is a choice we as a society do indeed make in order to protect the public from unsafe and/or intentional misuse of the auto.

          Btw, I agree with you that James’ idea of regulating (or banning) certain weapons while not regulating others will be largely ineffective (for many of the reason you cited). Much better to allow the ownership of all weapons and create a regulatory scheme as I outlined above for ALL firearms.

          1. Lefty665 Avatar
            Lefty665

            Nice try, but “the intent (just like with gun regulations) is not to make them harder to use” is flat wrong.

            Sherlock’s explicit intent with banning semi auto rifles is to make guns harder to use.

            I still don’t see anywhere in the Constitution it says “The right to keep and drive cars shall not be infringed, except those with self starters”.

            It looks like the SC is ready to knock down New York’s permitting mafia. 21 states have enacted permitless concealed carry and 22 are “shall issue”.

            What is well tested is concealed carry in all but 7 states with roughly half not requiring any permit and the other half requiring permits to be issued.

            My own belief is that if I ever felt the need to be armed, which I never have and I’m a geezer, that I would be happy to have it hanging openly on my hip where people could see it. Virginia’s open carry law makes a lot of sense.

            As the tune goes “Pancho wore his gun outside his pants for all the honest world to feel”

          2. vicnicholls Avatar
            vicnicholls

            Unless you are an officer on duty, wearing anything for people to see is stupid.

          3. Lefty665 Avatar
            Lefty665

            Opinions vary. Glad you’ve got yours. Never felt registering with the state as a CCP holder was attractive either.

          4. WayneS Avatar

            I don’t know, it does keep people from bothering me when I visit Charlottesville.

            Or maybe it’s the Va. Tech hat…

          5. Lefty665 Avatar
            Lefty665

            Believe that’s a “twofer”:)

          6. f/k/a_tmtfairfax Avatar
            f/k/a_tmtfairfax

            How about a regulatory scheme with permits for rights found in emanations and penumbras?

          7. Eric the half a troll Avatar
            Eric the half a troll

            Does requiring a permit for a 1st Amendment protected protest pass muster? I believe it does. There is already a regulatory system around most every Constitutional right… enumerated or not…

          8. WayneS Avatar

            As of a couple of months ago 25 states do not require a permit to carry a concealed handgun.

          9. Eric the half a troll Avatar
            Eric the half a troll

            But many do… as I said, it is legally tested concept and is in line with the 2nd. Federal permits are required for fully automatic weapons… again tested and in line with the 2nd.

          10. Lefty665 Avatar
            Lefty665

            Most of the rest of the states are “shall issue” for concealed permits. There are maybe 7 states that prohibit concealed carry, and New York is about to get some of its carry restrictions voided.

          11. Eric the half a troll Avatar
            Eric the half a troll

            No problem with “shall issue”. Can the state deny you a vehicle registration…?

    4. James C. Sherlock Avatar
      James C. Sherlock

      I am looking for changes that can matter, do not appear to disadvantage the average citizen and also pass muster in federal court. Those are as a group difficult needles to thread.

      The 94 “assault weapon” ban was misguided in my view as I wrote, but survived court challenges. I think the change that I have recommended above can increase the safety of law enforcement and school children and will not disadvantage the average citizen as I laid out.

      I am not sure a law banning the sale and transfer of semiautomatic hand guns would do pass court challenges and I do not support such a law anyway. I recognize that a semiautomatic hand gun is appropriate and necessary for most citizens for home defense and thus would not personally support restricting them for the non-criminal population.

      But when we talk about sentencing, the federal courts will not weigh in on a state’s criminal sentencing guidelines unless a “cruel and unusual” standard is exceeded. That is why I recommend the upgrading to a Class 2 felony Virginia’s law against possession of a firearm in the commission of a crime.

      Best I can do within my self-imposed limits.

      You clearly oppose my recommendation to limit the sale and transfer, but not the possession, of semiautomatic long guns. That is your right and an opinion shared by many good people.

      Do you also oppose the change I proposed to upgrade to a Class 2 felony the current Virginia law that limits the sentence for use of a firearm in commission of a crime to 3 years?

      1. Lefty665 Avatar
        Lefty665

        I fail to see that your distinction between semi auto handguns and rifles is either logical or makes a difference. It seems both arbitrary and capricious and a knee jerk response to high profile tragedies.

        Very few crimes are committed with rifles and even fewer with semi auto rifles. 95% of gun crimes are committed with hand guns, most of which are semi auto pistols these days.

        Enhanced penalties for crimes involving guns seem like a good thing both as a deterrent and because they do not infringe on law abiding gun owners (99%+).

        3 years certainly does not seem excessive. My recollection is that “Project Exile” that prosecuted gun crimes in Richmond as Federal offenses had a 5 year penalty, but that could be wrong.

        My reservations are about restricting a Constitutional right for the 99%+ of law abiding citizens because of the crimes, some of them horrendous, of a fraction of 1%. We need to figure out how to deal with the <1%, and have utterly failed to do so. Time, energy and societal resources we divert to restricting the rights of the honest subtracts from the resources available to actually deal with the problem.

        Something that made a real difference was Virginia’s one handgun a month law. I was skeptical at first, although I never dreamed I would “need” even one a month. But over several years the crime gun seizures up and down the East Coast demonstrated that Virginia fell from the top of the list of where crime guns were purchased to near the bottom. I thought it was a good idea when the GA reinstated that limit.

        1. vicnicholls Avatar
          vicnicholls

          Semi autos and revolvers are what you can realistically get. You’d have to modify the backplate on a Glock to make it auto. Honestly, I know of even people who can make their own that don’t see it worth their effort. If the hobbyists aren’t into it, I’d have to wonder about the criminals doing it. I’ve heard of one instance, doesn’t mean there aren’t more, but hmmm.

          1. Lefty665 Avatar
            Lefty665

            You’re right. Full auto pistols are starting to turn up, but why? It is hard enough to shoot a pistol well and bang,bang,bang,bang would make it even harder.

          2. vicnicholls Avatar
            vicnicholls

            You have to do a huge load of practice to keep the recoil down enough to keep from spraying rounds everywhere. Kinda pointless.

  19. Acbar Avatar

    JS, your proposals are rational and common-sense solutions to the current legislative impasse. I’ve become convinced most of the GA in these polarized days of the Culture War prefer the impasse. Allows endless talk in platitudes pitched to each faction’s “base,” avoiding messy factual details and all hints of those twin evils “consensus” and “compromise.” Nuance? “Over my dead body!”

    But I appreciate the effort. One day, some day, rationality may return. The comments here highlight its absence.

    1. James C. Sherlock Avatar
      James C. Sherlock

      You see what I was trying to do, offer a solution that can pass court review and make some difference. A needle that must be threaded. It has tougher sentencing for criminals for the right and semiautomatic long gun control for the left to help with a bargain.

      It is meant to be complimentary to my suggestion for funding proven commercial integrated physical and electronic security for schools that offers to make a very big difference there. Each is an attempt at the art of making incremental differences that can capture 51% of the vote in both the General Assembly and the courts. It is also why I separated the school security suggestions from the gun suggestions. Others might do better.

      1. WayneS Avatar

        I don’t think banning sales of all semi-automatic rifles is going to pass court review.

        1. James C. Sherlock Avatar
          James C. Sherlock

          You could be right.

  20. Lefty665 Avatar
    Lefty665

    The majority of the conversation about “extended” magazines is about pistol magazines. Glock, your choice of handgun, is a prime manufacturer of very “extended” pistol magazines that were originally supplied with their machine pistols.

    Glock has also made their mags of varying capacities mostly interchangeable among models in the same caliber. In compact pistols with shorter grips a mag from a full size pistol will be an “extended” magazine because it sticks out beyond the end of the grip.

    By your own choice of firearm you are supporting the very manufacturers of mags that you want to outlaw. Physician heal thy self.

      1. Lefty665 Avatar
        Lefty665

        Magazine, a container that is inserted into a gun that holds cartridges to be chambered by the gun.

        This post is talking about removable magazines that can vary in capacity. Some guns have fixed magazines that cannot be removed.

        Maybe similar etymology to a magazine that holds articles to be read.

        A clip is a bracket that holds several cartridges to facilitate their being loaded into a magazine.

        1. Nancy Naive Avatar
          Nancy Naive

          M-1 thumb?

          1. YellowstoneBound1948 Avatar
            YellowstoneBound1948

            I had an M-1 thumb. Now, one thumb is shorter than the other.

          2. Nancy Naive Avatar
            Nancy Naive

            Do you have Morgan’s toe? Now, I think we should leave our appendages alone.

          3. Lefty665 Avatar
            Lefty665

            Ain’t it Garand?

    1. James C. Sherlock Avatar
      James C. Sherlock

      Reread my article.

      The “conversation” about extended magazines in the comments here does not track with my article.

      I did not recommended any change to any law about extended magazines. Indeed, I wrote that the federal bench has already spoken on that issue.

      Some here are spinning out of control on magazines anyway, rebutting an argument I did not make. Shows the emotion in any conversation about firearms.

        1. James C. Sherlock Avatar
          James C. Sherlock

          You update the information to which I was referring. Last I knew was that the 9th Circuit overturned the California magazine law. I did not know they reversed themselves. Thank you.

          It does not change my recommendations, however. I made no recommendation about magazines. After the Supreme Court rules, I may reconsider the issue.

        2. James C. Sherlock Avatar
          James C. Sherlock

          Upon reading the amicus brief, the attorneys general who ask the Supreme Court to overturn the California law do not bring up extended magazines, but only “standard capacity” magazines. Not dispositive on the subject of extended magazines, but interesting.

      1. Lefty665 Avatar
        Lefty665

        Your observation above about the unreliability of cheaply made extended magazines is spot on. The shooter in the Aurora, CO movie theater was stopped because the extended drum magazine he was using jammed. Those things are more visual accessories than functional.

        Some of the discussion of extended magazines involves California’s, and some other places, restriction of magazines over 10 rounds. That makes commonly supplied larger mags, up to around 30 rounds “extended” and problematic. That has something to do with the response to discussion of “extended” magazines.

        What do you think about Virginia law that makes a gun equipped with a magazine larger than 20 rounds (although not described as extended) an “assault rifle”?

        Your leading comment about the ’94 ban legislating on cosmetics rather than function was also absolutely correct. It was ironic that the NRA explained that clearly to Congress at the time. Following the ban mfrs quickly modified the cosmetics to comply with the law without changing function.

    2. James C. Sherlock Avatar
      James C. Sherlock

      Reread my article.

      The “conversation” about extended magazines in the comments here does not track with my article.

      I did not recommended any change to any law about extended magazines. Indeed, I wrote that the federal bench has already spoken on that issue.

      Some here are spinning out of control on magazines anyway, rebutting an argument I did not make. Shows the emotion in any conversation about firearms.

  21. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    The feds, state and local government should start programs similar to the very successful Project Exile program in Richmond. As I recall, it was a Bill Clinton thing. It was very successful in reducing the homicide rate and removing illegal guns from the market. It would also send a very strong signal that the goal of “sensible gun regulations” is not simply aimed at disarming ordinary law-abiding people. But would Biden’s administration have the stones to offend the Social Justice Warrior element in his Party, who really want to disarm the public while coddling criminals?

    Second, records about juvenile crime involving weapons or violence must be available for background checks and Red Flag laws. But, once again, would the Administration stand up to the SJW element?

    1. Lefty665 Avatar
      Lefty665

      You’re right, Project Exile started in ’97, and Richmond was the original site. In a case of strange bedfellows it was strongly supported by both the NRA and Brady.

      There were some complaints that it prosecuted mostly black people. But since over 80% of homicides in Richmond were of black people, many of them entirely innocent (and mostly done by black criminals), those complaints did not go too far. Today, who knows?

  22. killerhertz Avatar
    killerhertz

    I need a semi-automatic rifle because F the police

  23. WayneS Avatar

    If you are hunting with a long gun and profess need for a semiautomatic weapon, you are admitting to doubting your ability to hit what you aim at.

    Or, perhaps you are simply “admitting” to having partially crippled hands which make it painful to operate a bolt action or lever action rifle.

    So, exactly how good are you at hitting moving targets? Like, say, a 210 pound wild hog with 7″ tusks that’s charging at you through the low-brush at 25 mph from 50 yards away? Remember, he’s going to be on top of you in about 4 seconds…

    😉

    1. Lefty665 Avatar
      Lefty665

      Or maybe people just like having the rifle get itself ready to fire the next round.

      Revolvers have been doing that for coming up on 200 years. Pull the trigger, the gun goes bang, and repeat. In a semi auto mechanically the bullets are lined up in a magazine instead of around a cylinder like in a revolver, but the concept is the same. Pull bang, repeat.

      It has nothing to do with how good a shot you are. Sherlock is a straw man casting aspersions and trying to bait an emotional response.

      His anti semi auto long gun proposal is blather and the legalese is lipstick on a pig. Fortunately it does not have tusks, it is more like Miss Piggy in a tutu.

  24. WayneS Avatar

    If you are hunting with a long gun and profess need for a semiautomatic weapon, you are admitting to doubting your ability to hit what you aim at.

    Or, perhaps you are simply “admitting” to having partially crippled hands which make it painful to operate a bolt action or lever action rifle.

    So, exactly how good are you at hitting moving targets? Like, say, a 210 pound wild hog with 7″ tusks that’s charging at you through the low-brush at 25 mph from 50 yards away? Remember, he’s going to be on top of you in about 4 seconds…

    😉

  25. WayneS Avatar

    If you are hunting with a long gun and profess need for a semiautomatic weapon, you are admitting to doubting your ability to hit what you aim at.

    Or, perhaps you are simply “admitting” to having partially crippled hands which make it painful to operate a bolt action or lever action rifle.

    So, exactly how good are you at hitting moving targets? Like, say, a 210 pound wild hog with 7″ tusks that’s charging at you through the low-brush at 25 mph from 50 yards away? Remember, he’s going to be on top of you in about 4 seconds…

    😉

  26. PhilipVanCleave Avatar
    PhilipVanCleave

    The Supreme Court in DC v Heller said that any firearm in common use cannot be banned constitutionally. The AR-15 is the most popular long gun in America. So banning them isn’t going to happen.

  27. MASS CASUALTY INCIDENT IN CHICAGO = 43 wounded, 9 killed… oh wait it was just another weekend….. And not a word….. 97 children shot this year…. and not a word. Let’s try criminal control for a few years.

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