Revealingly, the central function of the Constitution as law–the supreme law–was to impose limitations not on the behavior of ordinary citizens but on the federal government. The government, and those who ran it, were not placed outside the law, but expressly targeted by it. Indeed, the Bill of Rights is little more than a description of the lines that the most powerful political officials are barred from crossing, even if they have the power to do so and even when the majority of citizens might wish them to do so.
― Glenn Greenwald

Don’t Expect the Persistent Mismatch Between Perception and Reality to Affect Gun Policy or Politics.

Semi-automatic long guns, such as the AR-15, have been a hot topic of political rhetoric for decades now. And for those same decades, those same firearms have remained statistically under-represented in violent crime, while remaining wildly mischaracterized in policy debates and lawmaking.

NRA-ILA undoubtedly sounds like a broken record reiterating,  again and again, this non-wavering fact, especially in the face of introduced and re-introduced “assault weapons” bans and reliable demonization of semi-automatic long guns by the media. However, NRA-ILA’s repeated emphasis reflects a critical and consistent assertion of fact, which is that rifles, of all types, account for a very small fraction of homicides nationwide, as once again confirmed by the most recent available data.

Last week, Pew Research Center published their updated research on “[w]hat the data says [sic] about gun deaths in the U.S.” The relevant statistics were collected and synthesized from the Center for Disease Control and Prevention (CDC) and the Federal Bureau of Investigation (FBI), among other sources.

Under the subtitle of: “Which types of firearms are most commonly used in gun murders in the U.S.?” the FBI found that in 2024:

Rifles – the category that includes guns sometimes referred to as “assault weapons” were involved in 3% of these deaths.
Shotguns were involved in 1%.

An important distinction should be noted that of the 3%, semi-automatic firearms such as AR-15s are an even smaller subset of the general term “rifles.” The same goes for “shotguns” that gun control advocates [mis]characterize as “assault weapons;” they are a smaller fraction of the 1%.

There has long been a detrimental mismatch between perception, proportion, and actual data that has distorted firearm policy discussions. Not only has it drawn attention away from clear factors most strongly associated with violent crime, but it has also continued to be a disservice to efforts to craft evidence-based policies meant to keep citizens safe.

Even during the actual ten-year federal “assault weapon” ban signed by President Bill Clinton in 1994, two federally funded studies said the exact same thing as we repeat today; then, as now, so-called “assault weapons” were and are rarely used to commit violent crime. A study conducted by the Department of Justice (DOJ) in 1997 acknowledged, “At best, the assault weapons ban can have only a limited effect on total gun murders, because the banned weapons and magazines were never involved in more than a modest fraction of all gun murders.”

A subsequent study done in 2004, also by DOJ, came to a similar conclusion, determining that “AWs [assault weapons] and LCMs [large capacity magazines] were used in only a minority of gun crimes prior to the 1994 federal ban,”  and, “the ban’s effects on gun violence are likely to be small at best and perhaps too small for reliable measurement.”

The current circulation and ownership numbers of AR-15s and similar rifles are debated and predictably underreported by the media but may reach over thirty million, according to National Shooting Sports Foundation (NSSF) research. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense, hunting, competitions, and target shooting.

Of course, whenever one of these 30 million guns happens to be used in a highly publicized crime, consumers of mass media will be told that the platform represents a “weapon of war” and the “choice of mass shooters.” In fact, it is neither. The AR-15s available at your local gun shop are not designed for automatic fire, as are military rifles, and they are not even the preeminent firearm used in mass shootings, where handguns still predominate.

High profile incidents will continue to receive intense media coverage creating impressions that AR-15s and similar firearms are somehow a primary driver of everyday violent crime. They simply are not, but media cannot be trusted to “zoom out” to understand proper context and truthfully report. This failure continues to skew not just gun control priorities but also public safety outcomes.

These latest data summaries on gun deaths have more to say on firearm-related mortality than just what sorts of firearms are involved. Indeed, the issue of death by gunfire, including homicide and suicide, is of complex sociological origins that deserve a much more robust analysis than the focus group tested talking points of firearm prohibitionists.

But one fact remains simple and unchanged in the face of the endure and growing popularity of semi-automatic long guns like the AR-15: when it comes to firearm-related homicide, they represent a minuscule fraction of crime guns.

ATF Releases Second Batch of Text for Proposed Rules

The Bureau of Alcohol, Tobacco, Firearms, and Explosives has released the text of more than a dozen proposed rules, after releasing the first tranche earlier this week.

You can find the latest submissions to the Federal Register here. Among the drafts released today is the rule revising Non-Over-the-Counter Firearms Transaction Requirements. Based on the ATF’s summary of the proposed rule, there was a lot of speculation and excitement over the possibility that the ATF would be allowing in-state purchases of firearms to take place without having to visit an FFL to fill out the Form 4473 in person, and the good news for gun owners is that is indeed what the agency is intending.

Federal law permits federal firearms licensees (“FFLs”) to transfer firearms to a person residing in the same state but who does not appear in person. These are “non-over-the-counter” (“NOTC”) sales. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) proposes amending Department of Justice (“Department”) regulations on NOTC sales. These proposed changes would remove restrictions limiting this option to background check-exempt transfers. The proposed rule would permit FFLs to conduct NOTC transfers while complying with background check requirements and adds remote identity proofing and electronic notices to chief law enforcement officers.These changes would provide greater flexibility for individuals lawfully purchasing firearms.

Under the proposed rule, buyers would still have to go through a background check, but FFLs would be able to remotely verify their identity and conduct a NICS check without the buyer being physically present. Based on my reading of the rule, it sounds like gun owners would most likely have to use a service like ID.me as part of the ID verification process, along with FFLs confirming the buyer’s ID matches the identity on their online verification by physically examining those documents using remote videoconferencing software.

Again, this would only apply to in-state firearm transfers, so it wouldn’t lead to nationwide direct-to-consumer sales from gun manufacturers where firearms could be shipped directly from the gun maker to your home. It would also likely require those who want to purchase a firearm without visiting the seller in person to provide a third party with their identification, which some gun owners will undoubtably find to be overly intrusive.

Participating in the system is entirely optional, however. The proposed rule won’t impact anyone who prefers in-person transactions.

Another proposed rule worth mentioning here is the ATFs proposed revision of the definitions of “mental defective” and “committed to a mental institution.” As the agency argues in its proposal, the current definition of “mental defective” is overbroad because it “encompasses individuals who do not suffer from the kinds of mental disabilities that fell within the term… at the time the GCA was enacted.”

Specifically, the regulation —at least as the 1997 final rule has been interpreted — encompasses individuals who have narrow functional deficits, such as the inability only to manage financial benefits. Those with isolated functional deficits are not the kind of individuals who were understood to be mentally defective as that term was used in the GCA. Nor are such individuals the kind of irresponsible or dangerous persons who Congress sought to prohibit from possessing firearms under sections 922(g)(4) and (d)(4).

This would bring the ATF in line with Congress’s prohibition on the VA using the appointment of a fiduciary as reason to declare veterans prohibited persons unable to lawfully possess firearms. At the same time, the ATF wants to change the definition of “committed to a mental institution” by inserting the word “involuntary” to the current definition of ““[a] formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority.”

The current regulation states that the term “includes a commitment to a mental institution involuntarily” and “does not include . . . a voluntary admission to a mental institution.” 27 CFR 478.11. Accordingly, the position of ATF and the courts has long been that voluntary admissions of any kind do not qualify under the statute. Consequently, ATF is adding “involuntary” as a core part of the definition.

That’s a relatively minor change, but anything that helps to alleviate the concern that voluntarily seeking help with mental health will lead to the loss of our right to keep and bear arms is a good thing, in my opinion.

I haven’t had a chance to do a deep dive into the other rules that will impact gun owners, gun makers, and gun sellers, but what I’ve seen to date looks pretty good. However…

Again, I haven’t had a chance to read through this in detail, but based on Armed Joy’s take this should be a non-starter. I can understand why ATF would want to have a centralized system like this, but it would also be ripe for abuse and easy enough to turn into a gun registry, at least when it comes to who purchased firearms at retail or those subject to background checks for private gun transfers.

We’ll have 90 days to comment once the rules are officially published, and I hope that gun owners will weigh in on every one of the proposals. Whether you support or oppose a particular rule, make sure your voice is heard.

Homeowner shoots, kills suspected burglar in north Harris County
Precinct 4 Constable Deputies said the suspect was found shot to death behind the home near a bayou

A man is dead after investigators say a homeowner woke up to find him inside a house early Wednesday morning, leading to a confrontation that ended in a shooting.

According to the Harris County Sheriff’s Office, deputies with Precinct 4 responded around 5:45 a.m. to a home in the 16900 block of Spring Creek Oaks.

When they arrived, they found an unidentified man on a walking trail behind the home. Investigators say he had been shot and was pronounced dead at the scene.

What investigators say happened

Authorities say the homeowner told deputies he woke up and discovered a man inside his house wearing a mask and gloves.

Investigators say the two got into a physical fight inside the home that moved outside.

At some point, the homeowner went back inside, but officials say the suspect returned to the property, leading to a second confrontation in the backyard.

That’s when, according to investigators, the homeowner got a handgun and shot the man.

The suspect then ran, jumped over a fence, and was later found on a nearby walking trail.

Officials say there were three adults and two children, ages 12 and 13, inside the home at the time of the incident.

No one else was injured.

As part of the investigation, detectives are speaking with everyone who was inside the house to better understand what happened.

The suspect has not yet been identified.

Investigators say there were no signs of forced entry, but they believe the man got into the home through a back door.

Authorities are still working to determine exactly what led up to the encounter and why the suspect returned to the home after the first altercation.

No arrests have been made at this time.

The case will be reviewed by the Harris County District Attorney’s Office to determine whether any charges will be filed.

Well, of course, prosecutors wouldn’t like more restrictions on their prosecutorial powers. They’re paid to prosecute.

Missouri prosecutors warn of expanding self-defense law

ST. LOUIS – Missouri prosecutors are raising concerns about the state’s self-defense laws after a recent appeals court ruling which defense attorneys say could broaden when deadly force can legally be used.

[This section moved up by me]

Defense attorneys say a recent appeals court ruling in a Warren County case could further expand those protections.

The case involved Danielle Lechocki, who was charged with assault after pulling a knife during a verbal argument in which no one was injured. Her attorney, Matthew Mueller, argued she acted in self-defense.

“She testified that on the day in question the complaining witness threatened to Molly whop her, to physically assault her,” Mueller said.

A lower court initially rejected the self-defense claim, but an appeals court in February sent the case back after finding the jury was not instructed on self-defense.

“The opinion does greatly expand the use of self-defense, including the use of deadly force,” Mueller said.

Warren County Prosecuting Attorney Rodney McKinney said the decision could have major implications for prosecutors statewide.

“I believe in self-defense, but I don’t want to become the Old West,” McKinney said.

McKinney argued the wording of Missouri law could allow deadly force in relatively minor assault cases because the statute permits deadly force to defend against “death, serious injury or any forcible felony.”

“Part of the statute says you can use deadly force to defend yourself against what we call a forcible felony,” McKinney said.

In a court brief filed in the Lechocki appeals case, the president of the Missouri Association of Prosecuting Attorneys (MAPA) warned that “mere shoving matches could justifiably be escalated to gun battles” if the opinion becomes law.

The brief also argued prosecutors would face “an almost impossible burden” and that numerous homicide cases could go unfiled or be dismissed.

McKinney said lawmakers should consider revisiting the law.

“They could redefine forcible felony. They could define it by offense, or they could just make it a higher standard,” he said.

——————————————————–

The debate comes after two recent high-profile homicide cases in the St. Louis area were not prosecuted because of possible self-defense claims.

No charges were filed after Arrin Jones, 27, was stabbed and killed Monday while working as a third-party contractor outside Busch Stadium. Few details have been released about what led to the stabbing.

“Homicide investigations often involve complex legal questions, including issues related to self-defense,” St. Louis Circuit Attorney Gabe Gore’s office said in a statement.

The case follows another fatal incident in February in which no charges were filed after local rapper Javaughn Ballard was shot and killed after knocking on a rival’s door. Officials have not publicly said if Ballard also had a weapon or what kind of threat existed for the shooter.

In March, Jackson County Prosecuting Attorney Melesa Johnson addressed the issue while discussing a plea agreement involving a suspect in the 2024 Kansas City Chiefs parade shooting.

“The state bears the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense, and that is an extraordinarily high burden,” Johnson said.

Missouri already has some of the nation’s strongest self-defense protections, including “stand your ground” laws, the castle doctrine, and no duty to retreat requirements.

FOX 2 reached out to lawmakers in Jefferson City to comment on whether changes to the law are needed but had not received responses as of Wednesday.

MAPA’s president-elect, Locke Thompson, sent FOX 2 a statement saying, “MAPA has not been approached to formally weigh in on Missouri’s self-defense or stand-your-ground laws as part of a policy discussion; however, our organization has vehemently opposed legislation designed to further expand Missouri’s self-defense laws over the past several years.”

The German High Command will at once issue orders to all German military, naval and air authorities and to all forces under German control to cease active operations at 23.01 hours Central European time on 8 May 1945…
— German Instrument of Surrender, Article 2,

Oops…Class Cancelled After High School Resource Officer Leaves – And Loses – His Gun in a Bathroom.

“Classes have been canceled Tuesday at Forest View Educational Center in Arlington Heights [Illinois] after a school resource officer lost their firearm in a restroom, the school said. Arlington Heights police said a school resource officer removed his service weapon while inside a restroom just before dismissal Monday. He realized it was gone moments later.”

As a trained law enforcement officer, that can be…awkward. But remember, our betters in the gun control industry tell us — with monotonous regularity — that only LEOS have the training, skills and mindset necessary for the awesome responsibility that is carrying a firearm.

Still, you have to wonder how long after his constitutional it took for Officer Snoozy to realize that his pistol wasn’t in his holster. Long enough, apparently for someone to have grabbed the gat before the cop could double back and check the stall.

Officers searched the building, reviewed surveillance video, and called in multiple K-9 unites trained to detect weapons, but the gun was never found. A school officials said they received confirmation that the gun is not in the building.

We certainly hope it turns up soon. The students will love the free day off today on a suburban Chicago spring Tuesday, but those young skulls full of mush need some educating. Because after all, the children are our future. We need to teach them well and let them lead the way. And it would be really great if that curriculum covers gun handling basics like… it’s a really bad idea to unholster your firearm and leave it in a bathroom stall.