(Austin City Council is) Breaking the Law, Breaking the Law

January 7th, 2013

I’m not sure if you’ve heard, but the SuperGeniuses on the Austin City Council (along with allies among the Travis County apparatchiks) have gotten it into their heads that it’s just a swell idea to ban gun shows within the city and county limits. Because I’m sure so many criminals are buying their guns legally at a gun show. (Hint: NICS is not, in fact, a misspelling of that TV show with the hot Goth chick.)

Over at Whipped Cream Difficulties, Dwight has taken the bull by the horns, and provided not only a list of reasons why that’s a really bad idea, but a list of contract addresses for City Council critters, allowing those of you who live within the limits of the City of Austin (I don’t) a chance to express your extremely displeasure with this noxious and ill-advised gun-grabbing regulatory gambit.

Oh wait, did I say noxious and ill-advised? Add to that one more adjective: illegal.

As Dwight notes, a gun show ban “will expose the city to legal action under section 229 of the Texas local government code.” Let’s take a look at 229, shall we? The relevant portion states:

(a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:

(1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies

Now, I’m not a simple country lawyer (or a simple hyperchicken from a backwoods asteroid, either), but banning gun shows sounds precisely like adopting regulations pertaining to the transfer of guns to me.

Much smarter than your average Austin City Counci Critter

They’d have done better listening to this, er, guy.

It’s like the entire Austin City Council parading through the center of the state capitol wearing KICK ME signs. And the state legislature just might take them up on it.

On the other hand, if The People’s Republic of Austin is foolish enough to push this through, I’m sure there are venues in Williamson County that would love to have that business…

(Subject line hat-tip)

Email and Phone Numbers: Let Them Know What You Think of Their Illegal Gun-Show Banning Ploy

Thanks to Dwight, here’s some contact information for Travis County officials, who are evidently voting Tuesday:

  • Judge Samuel T. Biscoe (512) 854-9555 Sam.Biscoe@co.travis.tx.us
  • Ron Davis (512) 854-9111 ron.davis@co.travis.tx.us
  • Sarah Eckhardt (512) 854-9222 sarah.eckhardt@co.travis.tx.us
  • Gerald Daugherty (512) 854-9333 Gerald.Daugherty@co.travis.tx.us
  • Margaret Gomez (512) 854-9444 Margaret.Gomez@co.travis.tx.us
  • And Austin City Council Critters:

  • Lee Leffingwell 512-974-2250 lee.leffingwell@ci.austin.tx.us
  • Sheryl Cole 512-974-2266 sheryl.cole@ci.austin.tx.us
  • Chris Riley 512-974-2260 chris.riley@ci.austin.tx.us
  • Mike Martinez 512-974-2264 mike.martinez@ci.austin.tx.us
  • Kathie Tovo 512-974-2255 kathie.tovo@ci.austin.tx.us
  • Laura Morrison 512-974-2258 laura.morrison@ci.austin.tx.us
  • Bill Spelman 512-974-2256 bill.spelman@ci.austin.tx.us
  • Texas vs. California: First 2013 Roundup

    January 4th, 2013

    Judging from the Fiscal Cliff votes, the United States appears to be eager to follow in the footsteps of Greece and California, rushing to unsustainable spending, crushing debt loads and inevitable bankruptcy, rather than following the lead of Texas and the Red State model of debt-free limited government and free enterprise. So let’s see where the two states are, shall we?

  • Via Reason comes a link to the website Pension Tsunami, which contains much of interest for those charting California’s decline.
  • One method California cities are using to continue funding their heroin outrageous pension spending habit is issuing Pension Obligation Bonds, where they sell bonds to pay for pension obligations and then invest them. Indeed, some that got burned by the tactic in the 1990s (like Oakland) are trying again. “Bonds issued in 1997 were, on average, underwater in 2007, even before the stock market crash…’That’s like a compulsive gambler telling you that he has to bet it all on red to make up for his past losses.’”
  • Bankruptcy is the best bet most cities have for getting out of their crushing health and retirement obligations to public workers….Government employee compensation, mostly for health and retirement, is at the heart of nearly all the current and looming municipal bankruptcies across the country.”
  • Federal judge to Calpers: No, you can’t rewrite bankruptcy laws to save outrageous union pensions. Not yours.
  • California: Pensions or Police? Pick one.
  • Stockton attempts to pull a Chrysler, attempting to screw its bondholders in a bid to leave outrageous union pensions untouched.
  • While California wonders how to fill it’s perpetual budget shortfall, Texas debates what to do with its surplus.
  • Over at TPPF, Chuck Devore wonders why Californians don’t stage a tax revolt. “In the meantime, Texas will be more than happy to receive into its welcoming arms people who want to work hard, invest, and create jobs.”
  • Want a glimpse of California’s future? Spain is running out of pension fund to raid.
  • “Superstorm Sandy? I say ‘Super Lobbyist Profits!'”

    January 3rd, 2013

    “Good afternoon, and welcome to the Lipsky Extreme Lobbying Seminar. And by ‘Extreme,’ I mean both our proven seminar methods and the profits you’ll be raking in after you get out of here.”

    “Is that why we’re wearing the shock collars?”

    “Got it in one! Immediate, painful correction is necessary for maximum learning in minimum time. You’ll learn more here in three hours than three years of law school. Now, on to the topic at hand: Emergency funding bills. Today’s example: the relief bill for Superstorm Sandy. Now, let me ask you bright boys and girls a question: What should go in an emergency relief bill. Mr. Smith?”

    “Uh, emergency relief for victims of AGGGHHHHHHHHHHH!!!!!”

    “Sorry, Mr. Smith, but Mr. Shock Collar says you’re mistaken. Anyone else? Mr. Dewey?”

    “Whatever a lobbyist client pays for?”

    “Ding ding ding! Correct on all counts! Now, can someone give me an example of an ideal item to put in an emergency spending bill? Mr. Smith?”

    “Uh, $5 million for emergency power generAGGHHHHHHHHHH!”

    “Sadly, it appears that Mr. Smith is a slow learner. Ms. Cheathum?”

    “$150 million for Alaskan fisheries?”

    “Correct! Mr. Howe?”

    “$188 million for Amtrack?”

    “Excellent! Mr Smith?”

    “$20 million for tearing down flood damaged AGGGGGGHHHHHHHHHHH! Why does learning have to be so painful???”

    “Pain is just stupidity leaving the body. Mr. Solitary?”

    “$600 million for a global warming slush fund?”

    “Brilliant! That’s thinking big! Mr. Smith, care to give it one last try?”

    “$188 million for hurricane cleanAGGGHHHHHHHHHH I mean tunnels! Random tunnels!”

    “I’m glad to see that my proven learning methods have finally gotten through to Mr. Smith. Class dismissed.”

    Lamar Smith Among Four Texas Congressmen Who Voted for Massive Tax Hike

    January 2nd, 2013

    In addition to both Texas Senators (John Cornyn, who should have known better, and the retiring Kay Baily Hutchison, who came in like a lion and is going out like a RINO; thank God Ted Cruz is replacing her), four Republican Texas congressmen voted for the “Fiscal Cliff” tax hike deal:

  • Pete Sessions
  • Lamar Smith
  • Mac Thornberry
  • Kevin Brady
  • All should have known better than to vote for a bill that contained $41 dollars in new taxes for every $1 in spending cuts, but the name Lamar Smith certainly sticks out thanks to such previous hits as “Hi, I’m a SOPA/PIPA Recording Industry Whore.” It’s no surprise, given the bill includes big tax breaks for Hollywood. I guess Smith is one of those politicians that stays bought.

    All should expect primary challenges.

    I’m happy to say that my own Representative, John Carter, voted against the bill.

    I haven’t had time to read the entire bill yet, so I can’t tell you whether it’s merely bad or actively horrific…

    Dave Barry’s 2012 Year End Roundup

    January 1st, 2013

    Just in case you hadn’t seen it before, here’s Dave Barry’s 2012 year-end roundup, to spread some light and cheer in a very dismal year.

    In Europe, the economic crisis continues to worsen as the government of Greece, desperate for revenue, is forced to lease the Parthenon to Hooters. Meanwhile Moody’s Investors Service officially downgrades the credit rating of Spain to “putrid” after an audit reveals that the national treasury consists entirely of Groupons.

    Abroad, a closely watched attempt by North Korea to test a long-range rocket capable of carrying a nuclear warhead ends in an embarrassing failure when, moments before the scheduled launch, the rocket is eaten by North Korean citizens.

    In finance, Moody’s downgrades Spain’s credit rating from “putrid” to “rancid” when the Spanish government, attempting to write a check, is unable to produce a valid photo ID. Meanwhile the Greek parliament, meeting in an emergency session on the worsening economic crisis, votes to give heroin a try.

    Voters in the French presidential election, rejecting the austerity program of incumbent Nicolas Sarkozy, choose, as their new leader, Charlie Sheen. In other European economic crisis news, Greece, seeing a way out of its financial woes, invests all of its remaining money in the initial public offering of Facebook stock, which immediately drops faster than Snooki’s underpants.

    New York Mayor Michael Bloomberg, having dealt with all of the city’s other concerns – disaster preparation, for example – turns his attention to the lone remaining problem facing New Yorkers: soft drinks. For far too long, these uncontrolled beverages have roamed the city in vicious large-container packs, forcing innocent people to drink them and become obese. Mayor Bloomberg’s plan would prohibit the sale of soft drinks in containers larger than 16 ounces, thereby making it impossible to consume larger quantities, unless of course somebody bought two containers, but the mayor is confident that nobody except him would ever be smart enough to think of that.

    Tensions continue to rise in the Middle East when Iran unveils a new surface-to-surface ballistic missile named “Conqueror,” which, according to an Iranian spokesman, will be used for “agriculture.” Elsewhere in the troubled region, an unmanned Predator drone hacks Waziristan’s Twitter account and posts pictures of itself naked.

    In the European economic crisis, an increasingly desperate Greece offers to have sex with Germany.

    In labor news, Chicago teachers go on strike over controversial proposed contract changes that would allow the school board to terminate teachers who have passed away.

    I don’t even need to tell you to read the whole thing, do I?

    Why I Rejoined the NRA

    December 31st, 2012

    Back during the Clinton Administration, I joined the National Rifle Association. With the “Assault Weapon Ban” passed and other anti-Second Amendment legislation under consideration, it seemed like a good time to join the one organization capable of slowing the Democratic Party’s gun-grabbing agenda.

    When I let my membership lapse, it was obvious new gun control legislation was going nowhere with George W. Bush in the White House and Republicans controlling the House of Representatives. But the main reason I let it lapse was that I was pissed off that the NRA had sent me a video tape (younger readers: ask your parents what a “video tape” was) I hadn’t asked for, and expected me to go out of the way and return it at my expense if I didn’t want to subscribe to whatever video series it was.

    Over the years I’ve had differences with the NRA, especially their willingness to compromise on other fundamental freedoms by cutting deals with Nancy Pelosi. But as Sebastain at Shall Not Be Questioned noted:

    You still need what NRA can bring to the table, which is specifically a huge network of people who tend to only be peripherally involved in this issue (and this goes beyond their 4 million dues paying members), and access to lawmakers that no other gun rights groups can match, and really no or few other lobbies in DC and the 50 state capitols can match….

    NRA is the only organization that has the capability to fight on this ground. So if you have some money to donate to NRA, or can spare the dollars to buy a membership do it!

    We’re going to war, and this is the NRA we have, and more importantly, this is the NRA we can win with. But only if we hang together, because our alternative is to surely hang separately.

    And that’s why I sent my check in this week to rejoin the NRA. American’s fundamental Second Amendment rights are under siege right now. If you care about maintaining America as a nation whose freedom is guaranteed by its’ citizens inalienable rights, then this is the fight you need to join. It’s a fight we can and should win. The NRA is an integral part of that fight.

    If you care about liberty and the Second Amendment, you should seriously consider joining as well.

    If You Do One Thing Today, Write Congress to Support Budget Cuts

    December 31st, 2012

    Write your senators and congressmen to let them know you oppose any “Fiscal Cliff” deal that doesn’t include substantial entitlement reform and real spending cuts, not dummy out-year cuts that will never happen. Write them now, because they will come under tremendous pressure to cave into big spending, big taxing Democrats desperate to keep that deficit spending heroin flowing.

    Deficit spending will destroy our economy. The problem is not that we’re undertaxed, the problem is that the federal government spends insanely more money than we have in order to fund a vast array of crony capitalists, special interest groups, and permanent dole underclass for Democrats to milk for votes. If we continue down the current road, we will end up like Greece. There’s time to avoid going over the falls, but it’s getting shorter all the time.

    Without spending reform, there’s a good chance that this nation of the people, by the people and for the people may very well perish from this earth.

    This Day Eaten by Locusts

    December 28th, 2012

    In this case locusts named “power outage” and “Time Warner.”

    Expect something resembling more normal blogging (or at least as normal as it gets around here) next week.

    General Norman Schwarzkopf, RIP

    December 27th, 2012

    News outlets are reporting that retired four-star General Norman Schwarzkopf has died at age 78.

    Schwarzkopf oversaw the liberation of Kuwait from Saddam Hussein during Desert Storm, crushing Iraqi forces in a mere four days. American forces were comprehensively better equipped and better trained than their opponents, and enjoyed unquestioned air superiority, but Schwarzkopf’s plan for liberating Kuwait, including the “left hook” into Iraq, was cleverly conceived and well-executed. If George H. W. Bush had only let him take Baghdad in 1991, much deadly and expensive unpleasantness could probably been avoided.

    More Gun Control Follies Fallout

    December 24th, 2012

    The tide of “you must enact liberal knee-jerk gun control legislation now!” editorials from the usual suspects in the MSM seems to have ebbed for now, but the fallout from the Sandy Hook spree continues. Here’s a roundup of some of the more interesting and informative

  • You need to read this entire piece by Larry Correia, but this is one of the most important takeaways: “The average number of people shot in a mass shooting event when the shooter is stopped by law enforcement: 14. The average number of people shot in a mass shooting event when the shooter is stopped by civilians: 2.5”
  • Gun-control loving Chicago suffers 3-20 Sandy Hooks this year.
  • Yesterday: Liberals call conservatives “crazy” and “paranoid” for thinking that liberals want to take away their guns. Today: New York Governor Andrew Cuomo calls for mandatory confiscation of certain types of guns. (Hat tip: Alphecca)
  • The number of crimes committed by Texas concealed handgun License (CHL) holders is incredibly small.
  • How small? “Since 1996, when the law took effect, there have been 852,271 convictions of Texans under the 125 gun related offenses prohibited under state law, everything from Class A felonies like murder, aggravated robbery and aggravated rape, to relatively minor offenses like carrying a weapon in a prohibited place. Of those convictions, only 1,972 of them were of individuals who were licensed to carry a concealed handgun at the time of the offense, or roughly .19%.”
  • There’s a Texas school district where teacher’s are armed. Want to guess the number of shootings they’ve had?
  • Stacy McCain asks: “Why should the foolishness of Nancy Lanza and the evil acts of her son automatically impose limitations on people who are neither foolish nor evil?”
  • Why gun control can’t stop spree killings.
  • Some insightful commentary on the NRA from Sebastian: “You go to war with the NRA and the Wayne LaPierre you have, not the NRA and Wayne LaPierre you want. And we are going to war. We are arrayed against the entire left-wing apparatus, and they mean to extract their pint of blood.”
  • Advice on just how to write your congressman. (Hat tip: View from the Porch.)
  • This guy has some serious questions about the media timeline for the Sandy Hook shooting, but then ruins his credibility with 9/11 truther crap. I know that a lot of early reporting on shooting sprees in wrong (for example, almost all initial reports say that “police are looking for a second shooter,” who almost invariably doesn’t exist), but I do remember that all the early reports said the shooter used two handguns, but at some point that switched to all of his spree being conducted with the .223 rifle.