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Wednesday, January 6, 2016

Is it Fisking time again already?

Dana Fisks, and thus, so shall I.
Let's examine. First, from the White House:
Over the past decade in America, more than 100,000 people have been killed as a result of gun violence—and millions more have been the victim of assaults, robberies, and other crimes involving a gun. Many of these crimes were committed by people who never should have been able to purchase a gun in the first place. 
And yet the CDC says firearms are "an important crime deterrent," if you want to put stock in a government entity for an obvious answer. The benefits of firearms vastly outweigh the abuses of them by criminals:
She is again quoting a study that investigated other studies to lay the groundwork for continuing studies.   Even her link states that:
Researchers compiled data from previous studies in order to guide future research on gun violence, noting that “almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals, with estimates of annual uses ranging from about 500,000 to more than 3 million per year.”
The first part of that is correct, the second part while correct, also misses a big point of the study. It was an investigative study that looked at many of the studies done. The Washington Post did a writup on this, and the CDC also said in their study that, "all of those statistics are in dispute -- creating, in the study authors' eyes, a research imperative."

Moving on:
And too many children are killed or injured by firearms every year, often by accident.
I look forward to the President's executive orders on pools, cars, and bikes. I've covered previously:

Carspools, bicycles, and other unintentional injuries are the top killers of children.
The leading causes of injury-related death among children ages 14 and under are motor vehicle crashes, suffocation, drowning and fires and/or burns.
Over 1,400 children were killed by cars, almost 260 of those deaths were young pedestrians. Bicycle and space heater accidents take many times more children’s lives than guns. Over 90 drowned in bathtubs. The most recent yearly data available indicates that over 30 children under age 5 drowned in five-gallon plastic water buckets.
Furthermore, vastly more children are killed by fire and water than accidentally by firearms. 
Pools, cars, and bikes are also highly regulated. Most of those regulations are in place to reduce those unintentional injuries and death. All of these things are used more commonly among children, as well. Not a great argument, if you ask me.
The vast majority of Americans—including the vast majority of gun owners—believe we must take sensible steps to address these horrible tragedies.
Who are these people? I get the progressive obsession to speak for every group, but this doesn't speak for gun owners. This claim is also wrong. From Truth Revolt:
According to a CNN poll conducted last month, nearly 60% do not want the types of gun control laws Obama is asking for. In fact since 2013, a majority have felt this way. 
Notice Obama said sensible steps, and Dana points to a poll that says Obama policies?  But if you believe Pew research, one of the more revered polling institutions in America, there is overwhelming support for closing the gun show loophole, something that hasn't changed since their 2013 poll that also show overwhelming support for restricting those with mental illness from owning a gun, having a database of gun sales, and a ban on semi-automatic weapons. And yes, that poll also states the majority of gun owners want most of these measures as well.
... the President continues to call on Congress to pass the kind of commonsense gun safety reforms supported by a majority of the American people.
What reforms? And why is common sense one word? The "expanded background checks" the President calls for already exist in California, Colorado, Oregon, Washington, the states which most recently endured tragedies. Why didn't those "commonsense" laws reduce anything?
What reforms?  Oh, people, I'm so clueless, help me out here. I'm going to spit out the four states where there was a mass shooting, and then say because they had mass shootings, they reduced nothing. I love mixing stats!

Let's forget real stats in this case.  Stats that show states that have "expanded background checks" have fewer gun deaths. Do this, because it's a losing argument on your side.
1. Keep guns out of the wrong hands through background checks.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is making clear that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks.
"If you're in the business of selling firearms ..." this is already a law and federally regulated. So Obama wants to pass this law again? Or make everyone a FFL thereby creating a defacto registry, something I've previously asked? This is the biggest takeaway.
Ah, but the federal regulation does have a loophole. While it isn't significant, it is there. Patching it up should be no problem, right? Ah, a defacto registry. I'll go get my tin foil hat.
The Federal Bureau of Investigation (FBI) is overhauling the background check system to make it more effective and efficient. The envisioned improvements include processing background checks 24 hours a day, 7 days a week, and improving notification of local authorities when certain prohibited persons unlawfully attempt to buy a gun. The FBI will hire more than 230 additional examiners and other staff to help process these background checks.
The background check system is already flawed and the administration plans to expand it further. John Lott has done some excellent work on the faulty background check system:
Awww, how cute!  John Lott has a Blogspot website.  He has to be reputable (and no, I never said I was reputable).  Not that what Dana quotes from Mr. Lott here has anything to do with overhauling (not expanding) the background check system,
Furthermore, how do you "improve notifications?" We're talking about improving the consistency with which people do their jobs. It wasn't a lack of manpower that enabled thug Dylann Roof to purchase a firearm and mow down black church-goers. It was a simple FBI error:
It wasn't an FBI error, it was an error in the criminal history. From Dana's link:
According to Comey, on April 13, two days after Roof tried to purchase a gun, a background check examiner ran his criminal history, which brought up a felony drug charge and wrongly listed the arresting agency as Lexington County Sheriff’s Office.
Had the examiner known that the actual arresting agency was the Columbia Police Department, which detained Roof in February for behaving erratically at a local mall, she would have known that Roof had admitted to drug possession and barred the sale.
The examiner did her job correctly. She actually contacted two incorrect arresting agencies, then labelled the the case as delayed/pending.  Since they did not find the needle in the haystack in 3 days, the case proceeded. Now, if she had gotten to the case earlier, maybe she would have had enough time to find that needle, but it was so backed up, the first two days of the 3 day process saw the case waiting for an agent to take the case. More people and people working 24/7 would have helped in this case.
Whether or not Roof could even purchase a firearm is moot as he was charged with felony drug possession and in South Carolina, a charge, not even a conviction, is enough to render one a prohibited possessor. Roof couldn't carry much less purchase. But then again, criminals don't follow laws. 
I'm confused, because in Dana's link states, "A drug charge does not stop an individual from buying a gun, but Roof's admission, contained in the Columbia Police Department's arrest report, would have." I mean, who's right? The Washington post also says, "Roof had been arrested for possession of narcotics in February, a charge that alone did not disqualify him from buying a gun." Without delving into the law, I'll side with the journalists on this one.
2. Make our communities safer from gun violence.
The Attorney General convened a call with U.S. Attorneys around the country to direct federal prosecutors to continue to focus on smart and effective enforcement of our gun laws.
The President’s FY2017 budget will include funding for 200 new ATF agents and investigators to help enforce our gun laws.
ATF has established an Internet Investigation Center to track illegal online firearms trafficking and is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network.
ATF is finalizing a rule to ensure that dealers who ship firearms notify law enforcement if their guns are lost or stolen in transit.
It's weird to me that an administration that sold guns to terrorists south of the border proposes more manpower to enforce gun laws. Are these "200 new ATF agents" going to Chicago? St. Louis? DC? NYC? Are they going to any of the areas that serve as the biggest drivers to gun homicide rates to ensure repeat offenders and gang bangers don't obtain illegally procured firearms? 
The administration sold guns? There's nothing farther from the truth.  They told gus stores to allow straw purchases which they were supposed to track to the illegal dealers and make big arrests, That's far from them selling guns themselves. Not that it has anything to do with this point.

All I hear from the right is, "Enforce the gun laws you have." Heck, Wayne La Pierre put out a video doing just that.  Doing more to enforce gun crimes is #1 on your list of things the administration should be doing. Until the administration says they will do it. Then of course you are not. Thanks, Obama.
3. Increase mental health treatment and reporting to the background check system.
[...]
The Department of Health and Human Services is finalizing a rule to remove unnecessary legal barriers preventing States from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons.
By "legal barriers" they mean the due process proclaimed as a natural right in our Constitution. We have a legal process in place by which to adjudicate someone mentally unfit for Second Amendment eligibility. The problem is, we don't follow it. I've covered this extensively:
 There's something missing, let me add that in now:
The Administration is proposing a new $500 million investment to increase access to mental health care.
The Social Security Administration has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons.
And there is further clarification further down the proclamation:
Although States generally report criminal history information to NICS, many continue to report little information about individuals who are prohibited by Federal law from possessing or receiving a gun for specific mental health reasons. Some State officials raised concerns about whether such reporting would be precluded by the Privacy Rule issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Today, the Department of Health and Human Services issued a final rule expressly permitting certain HIPAA covered entities to provide to the NICS limited demographic and other necessary information about these individuals. 
Yeah, dancing around HIPAA is to me dicey as well. But why leave out the increase to mental health care?
Again, for laws to work, people must follow them and those implementing them must do it properly. It's not a money issue. 
Agreed, but you didn't include the part about money, and the part about money had nothing to do with enforcing the law. So what are you trying to say here?
Shape the future of gun safety technology.
The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology.
The President has also directed the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety.
Gun owners by and large roll their eyes at smart gun tech because it's completely errant, unsafe, unpredictable, and frankly a silly choice for defense. Here is one test where the heralded first choice for smart guns failed miserably. Sorry, but if I'm defending myself against a rapist in a parking garage, I don't think he's going to wait for my wristband to take 20 seconds to pair with  my gun (that's if it does so successfully, whereas tests of Armatix iP1 struggled to do even this, to say nothing of the difficulties with the trigger). Read the full review. Additionally, smart gun advocates are championing pricing poor people out of their Second Amendment rights. Smart gun tech is as faulty as it is expensive and if the free market supported firearms with bulky tech that made usage impossible we wouldn't need the President executive ordering federal funds to pay for additional research to again prove the obvious. I suppose in keeping with progressive narrative building I have to ask why they are so against allowing poor people in high crime, urban areas to exercise their Second Amendment right? The poor would be the hardest hit.
Man, I remember having a Commodore Vic 20. That thing was garbage. It was expensive and didn't do much, and didn't do that well (enter run command, start tape, get error, rewind tape, lather rinse repeat. But I sure am glad they didn't stop trying. Look at what we can do now. I carry a very small device in my pocket that does thousands of times more things than the Vic 20 did.

Gun safety tech doesn't do much now, but I can't wait for the tech that reads your DNA when you touch it and only fires for you. Dream it, and it will happen.
There is nothing in the President's executive orders that would have prevented the tragedies we saw this year anor is there anything included in these proposals that isn't already federally regulated. 
What the heck is an "anor"? Probably mean "nor", but you can't criticize a typo and then make one yourself, unless you are doing it ironically.

Dana stated in her radio show that she loves conflict and debating issues. Then why has she banned me on Facebook and Twitter? Whenever someone who is level and rational states facts instead of namecalling, she suddenly can't handle conflict or debating the issues. Kinda sad, really.

Well, that's all for now. I'll be looking out for more Fisking in the future, and now that Fantasy Football season is over, expect more from these pages in the coming months.

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