Some thoughts concerning the bipartisan framework on gun control…

It appears that the United States Senate, in a rare bit of bipartisan effort, has cobbled together a framework for new gun control laws. As one of those people who will be stuck complying with whatever goofy laws the state and federal government come up, I have some thoughts on the issue. I’ll try to get through them in some kind of logical order.

I think most people who know me will be a bit surprised as they get through (most of) the rundown:

  • Clarify who must register as a licensed firearms dealer. This feels like a bit of a no-brainer. Clarifying current regulations defining who’s “engaged in the business of selling firearms” should make it easier to understand exactly what that phrase means and who needs to be in compliance in order to conduct that business appropriately.
  • Enhanced penalties for straw purchases. If you knowingly and intentionally purchase a firearm with the intention of reselling or otherwise giving it to someone who is legally prohibited from owning one, you ought to have the book thrown at you. I have no idea what percentage of total sales are straw purchases, but each one of them is an insult to every one of us who jumps through all the hoops in order to stay in compliance.
  • Closing the “boyfriend loophole.” Makes sense. If you’ve been convicted of abuse against your domestic partner – whether married, living together, or in a “serious dating relationship” – your propensity to violence or poor decision making is documented and the state therefore has a vested interest in limiting your ability to escalate that violence.
  • Increased mental health funding. Sure. Is anyone out there really saying that we don’t need to improve access to mental health in this country? I’m not going to turn this post into a brief history of mental health failures over the last century, but getting past the idea that “they’re nuts and there’s nothing we can do about it” is probably a good idea.
  • Enhanced school security. This one feels like something of a red herring. School shootings and “mass shootings” as a whole grab the headlines, but they make up a vanishingly small portion of overall violence in which a perpetrator uses a firearm. I mean sure, more security for soft targets is fine, but you’ll get more bang for your buck in getting people who commit crimes using a firearm off the streets and keeping them there.
  • Enhanced background checks for buyers between 18 and 21. Personally, if we’re going to make gun owners a suspect class, I’d say go all the way back and make sure the review includes juvenile records as well. Walking in with a clean record on your 18th birthday shouldn’t count for more than being a little felon as a minor.

Of course, there’s one bit of this proposed framework, that I’ll be watching with intense interest: Expanding red flag laws.

In Maryland, our red flag law takes the form of the Extreme Risk Protection Order and allows a spouse, domestic partner, dating/romantic partner, relative, law enforcement officer, or medical professional to potation the court to require an individual to surrender firearms and ammunition to the state and to refrain from purchasing new ones. It further provides the court with the ability to refer the individual for emergency mental health evaluation. Some states are more or less restrictive on who can waive the red flag to trigger this process.

It sounds eminently reasonable on its face, but feels replete with opportunities to be abused – by those who might file for an ERPO illegitimately, by an overzealous judiciary, and by the government agency that can continue to hold an individual’s firearms days and weeks after the ERPO has expired or been rescinded.

Unlike some, I don’t think these red flag laws necessarily violate any kind of due process expectation on their face. I do expect, however, that they need to be very strictly constructed and closely overseen in order to prevent them from slipping towards a scenario where those subject to an ERPO find themselves like those Americans who were incorrectly placed on government “no fly” lists with no recourse besides a faceless, shrugging, government bureaucracy.

Personally, if I were king for the day and I wanted to get after gun violence, I’d spend my time chasing better legislation to put violent offenders in the deepest, darkest hole that local and state government and the U.S. Bureau of Prisons could find. Commit a crime with a firearm and the whole world ought to fall down on your head. Instead, we continue to usher these individuals into the revolving door of arrest, incarceration, release, wash, rinse, and repeat… but that’s not the story that’s going to ever lead the headlines and captivate public attention, so we are where we are.

How they do it in San Francisco…

In San Francisco yesterday, voters recalled their elected district attorney. Chesa Boudin was elected to office in 2019. For many of us outside San Francisco his tenure as prosecutor was marked distinctly by dramatic property crimes and a sense that he was presiding over the legal machinery in a city where crime might just pay after all. 

It’s not hard, after watching video after video of smash-and-grab robberies and organized groups of shoplifters walking away with thousands of dollars’ worth of products, to understand why city residents might have lost confidence. 

Boudin is one of a number of prosecutors who came into office over the last few years by tickling every sweet spot for leftist criminal justice reformers. He promised to reduce crime by cutting the jail population, doing away with cash bail, reforming police procedures, and opting not to prosecute various “low level” violations. I guess that’s the sort of campaign promise that is well received in some circles.

What this successful recall tells me, is that people say they want to promote feel-good, soft shoe criminal justice policies. They might even be convinced that’s what they want. It seems, though, what voters really want is to feel secure in their homes, have their property protected from the criminal element, and be able to walk the streets without being accosted or wading through rivers of human excrement.

It doesn’t honestly feel like too much to ask from our elected leaders, but then again, I don’t really know how they do things in San Francisco.

What Annoys Jeff this Week?

1. Court TV (Continued). We’re in week two or three or five or whatever of wall to wall coverage of whichever “case of the century” happens to be taking place at any given time. I’m pretty sure it aggravated the hell out of me last week too, but it’s worth repeating since the local and national news outlets seem to have no problem repeating themselves at every opportunity. A simple “the jury is still out” would be sufficient, but I suppose that wouldn’t let the talking heads opine about why the jury is still out, what it means, who’s behind it, and why that makes everything a nail biter. I’d be thrilled if someone would just give us a news outlet that focused more on facts and a lot less on opinion. Good luck filling the 24 hour news cycle with facts, I guess.

2. The Thanksgiving rush. Thanksgiving isn’t one of those restful and restorative holidays. Filled with travel, overeating, and a crush of in person or online shopping, it always feels like there’s a certain urgency to the rhythm of the day. It kicks off a 4-day weekend that’ll feel like it went by in about 35 minutes. It’s still just about my favorite holiday, but I’m going to feel like I need a good long rest when it wraps up.

3. Roving bands of what I can only describe as looters have reportedly begun pillaging high end retail shops in San Francisco. The latest headline makers were their takedowns of such big names as Saks, Louis Vuitton, and Nordstrom. I’m only left to wonder if and when the powers that be in San Fran might decide that their policy of letting “petty” crime like shoplifting go unchallenged and unpunished turns out to have been a pretty bad idea and does nothing so much as encourage increasingly troublesome criminal behavior.

More news from our stupid century…

I saw an article a couple of days ago from a nominally reputable news source, published under the headline “Retailers urged to re-think police calls for low-level crimes.”

Unsurprisingly, I fall into the camp that would take the exact opposite approach. As long as people are rewarded, or at a minimum not punished for criminal behavior, there’s no disincentive at all against continuing to engage in that behavior. I’m no sociologist, but it feels like a reasonable assumption that if I get away with some number of these “low-level” crimes, at some point I may be tempted to escalate towards criminal actions that aren’t minor. That’s pure speculation based on my estimation of basic human behavior, of course.

I’d hoped we could all agree on something as basic as stating “crime is bad.” Apparently here in the 21st century even that is a bridge too far.

While I’m perfectly willing to concede that some crimes are worse than others, I’m nowhere close to the idea that we shouldn’t enforce the law, deter would be criminals, and punish those who choose to live outside the law. I’d go so far as to say there should be more arrests and prosecutions for criminal activities rather than fewer. Otherwise, have the courage to change the laws so everyone has an equal opportunity to pass counterfeit notes, shoplift, or engage in whatever other petty criminal behavior strikes their fancy in a guilt free environment.

Retailers may be willing to look the other way, but catering to a criminal element by condoning or enabling bad behavior feels like precisely the opposite of the actions we need to be taking to discourage and penalize criminal activity.

What Annoys Jeff this Week?

1. Algorithms. Facebook has recently decided that all of my personalized advertising should be focused on selling me condos in New York, Philadelphia, or DC. I’d be hard pressed to think of where I would want to live less than any of those places. I mean if there was property for sale in a Molokai at the leper colony, I’d be decidedly more interested in it than I am in East Coast city living. Chalk this one up to one of the small ways I know Big Tech still hasn’t completely figured me out.

2. Sport. If COVID-19 hasn’t done anything else, it’s at least muted the coverage of sports in America. With wall to wall coverage of the pandemic, hurricanes, wildfires, and the presidential election, professional sports, even in the midst of their own protests, has largely been a below-the-fold story. It’s a pity it won’t stay there once the other stories run their course. Athletes, like the rest of us, are entirely entitled to have an opinion… but I remain under no moral, ethical, or legal obligation to care what a bunch of grown adults who spent their time chasing a ball think about the topics of the day.

3. Baltimore. Fifty people were shot in Baltimore last week. It would be easy to blame that on guns – it’s what various Mayors and councilors of Baltimore have done for years. It’s always easier to blame the tool than blame the trigger-pulling constituents themselves. I wonder, though, how much of it is really do to what I have observed as the general ineptitude of city government throughout my adult lifetime. Currently the city can’t manage to keep up with the most basic services like trash collection. What hope, then, is there that the same august group of august leaders will stumble upon the secret sauce to bring violent crime under control? I have great faith that we can rely on them to keep doing what they’re doing while expecting different results.

At the risk of drawing the wrath of the wokes…

I couldn’t help but notice that Chicago was the latest city seemingly brought to its knees by what their behavior indicates is a semi-organized criminal element. Large retailers as well as small businesses and restaurants were the target of looting throughout the downtown section of Chicago on Sunday night into Monday morning. The Tribune reports that some of the criminals responsible were seen loading their loot into the back of waiting rental trucks and other large vehicles. That hardly sounds like a spontaneous protest of social-minded reformers. A hundred looters, a small minority of those the video clips show participating in the pillaging, were arrested.

Last night, Black Lives Matter Chicago held a rally supporting those who were arrested… if one can use the word “rally” to describe the act of surrounding a police station and threatening violence if the group’s demands aren’t met. One of that organization’s leaders noted that the ongoing looting was simply “reparations,” further asserting that “Anything they wanted it take, they can take it because these businesses have insurance.” So, it turns out that theft and destruction are just fine as long as you call them something else.

The incident was triggered when a 20-year old suspect opened fire on the police, who had the unmitigated audacity to return fire when fired upon. Shocking. That particular detail was, of course, buried well down below the lead in most of the sources I read this morning.

I don’t know how long we’re collectively supposed to pretend that violent criminals are in possession of the insurmountable moral high ground in these incidents. At least a few media outlets are starting to report on these events more objectively rather than trying to sell the story of saintly and peaceful protestors versus the wicked and evil police. 

Look, you want to protest, sing your songs, clap your hands, wave your signs, whatever it is that legitimately peaceful protestors spend their time doing, fine. I’m happy for you. Do your thing. Whatever. The moment you use that platform as a cover for violence and criminal behavior, any credibility you may have had with moderate observers is pretty much null and void.

I’m sure this post runs the risk of drawing down the wrath of the internet wokes and getting me cancelled for having the temerity to break with their received truth. As long as it’s my name up there on the masthead, though, you can always trust that I’ll keep saying what I think rather than what’s simply in fashion.

The words we use…

If anyone ever wonders why I have a fairly jaundiced view of the narratives offered up by mainline media organizations, here are two headlines from local television news websites from the last 24 hours:

“Baltimore protestors tear down Christopher Columbus statue.” – WJZ Baltimore (CBS affiliate)

“Frederick Douglass statue vandalized in New York park” – WBAL Baltimore (NBC affiliate)

As I’ve pointed out repeatedly, words have meaning. What the words that are used to describe these two events tells me is that the mass media is taking a position on events rather than simply reporting on them. If you damage statue of Columbus, you’ll be described as a protestor (implying that your activities are in some way virtuous), but if you dismount a statue of Douglass, you are a vandal (implying the act is criminal in nature).

Here’s the thing: Both acts are criminal. Those involved in both are vandals committing wanton acts of destruction. None are entitled to a pass for acting like spoiled children intent on throwing a temper tantrum at public expense.

I’d love to say it’s hard to believe I need to say such a thing in the 21st century – worse yet that it will be a controversial sentiment. Yet here we are, twenty years deep into our particularly stupid century.

You can’t see it, but I’m rolling my eyes.

What Annoys Jeff this week?

1. The US Postal Service. I probably shouldn’t say this out loud while my taxes are in transit, but they should have arrived at their destination by now. Emphasis on the “should have.” In any case, I’ve just received a Christmas card. It was postmarked on the 20-somethingth of December and delivered to me here on the homestead just in time for Valentine’s Day. Maybe I should award points for it getting here at all based on some of my other recent experiences. Increasingly the expectation that products and services should work as advertised feels like something that’s just too much to hope for.

2. Baltimore. One of the perennial joys of living in the State of Maryland is the unending shitshow that is Baltimore City. In a state with some of the most restrictive gun laws in the country, we somehow are home to one of the world’s largest live action shooting ranges. Year after year the legislature pours ever increasing amounts of money into the city, because surely that will fix all the problems. Let’s not get hung up on the fact that when asked, the city government generally doesn’t seem able to tell anyone where the money they’ve already been given went or what improvements were made as a result. For my entire adult life, Baltimore has been governed by increasingly feckless “leaders” whose sole purpose in life seems to be finding new and more ridiculous ways to convince Annapolis to give them mountains of cash. The city government either needs to get its house in order or the state should step in and get the city into line. Allowing it to continue to swallow prodigious amounts of tax dollars without showing even the most marginal of improvements feels downright criminal.

3. Mind reading. It’s worth repeating from time to time that mind reading is not among my many varied talents. If you tell me you want something, I’m going to proceed from the assumption that you know what you want. I’m going to do my best to give it to you – not some version of what you requested, not something with the flavor of your request, but the honest to God thing you asked for to the best of my abilities and within the time allotted. If it turns out what you end up with isn’t what you want, I can promise you that the issue is almost always with the description of the requirements, not with my being way out off the edge of the map somewhere.

What Annoys Jeff this Week?

1. Allegany Busted. I joined a Facebook group a few months ago that shows who’s been arrested in my old home county. It gives you a picture, a name, some vitals, and then their arrest record. If anything has ever sent me into a rage about the American justice system it isn’t that it’s slow or biased, but rather that it’s possible for someone who’s 28 years old to have been arrested 20 times and was somehow free to move about the county and get himself arrested for the 21st time. Maybe three-strikes-and-out is a little too excessive, but can we not agree as a society that by about your 20th strike you’re not going to be rehabilitated and constitute a clear danger to the health and welfare of the community? How someone like this should ever been entitled to breath free air again is simply beyond me. We humanely euthanize dogs that are vicious and can’t learn to live with the pack. I feel badly when society has to put down a dog, though. I wouldn’t bat at eye if we gave a short drop and a sudden stop to members of this professional criminal class.

2. You’re Fired. Social media is rife with “well informed” “opinion leaders” trying to make an argument that President Trump can’t fire Attorney General Sessions. Given the Attorney General’s position as a political appointee, AG Sessions served, using one of the most delightfully flourished phrases in the language, “at the pleasure of the president,” and he can and was fired. Sure, you’re free to use “asked to resign” as a euphemism, but the end result is exactly the same. The Office of the President often has a Senate conformation hurdle for hiring, but has pretty sweeping powers when it comes to terminating someone from the ranks of the political appointee class. I can only assume what these amateur political scientists on social media mean is that President Trump *shouldn’t* have fired Mr. Sessions. Even with this broad interpretation, their accuracy remains to be seen based on the amount of political fallout that’s generated and how it settles out. It’s certainly not going to damage the president’s standing with his base and he’s pretty consistently displayed an abject disregard to the opinion of the opposition party so the whole thing could end up being just another day in the West Wing in 2018.

3. Jim Acosta. Jim Acosta, CNN’s White House correspondent, has taken to the airwaves and social media platforms, retweeting that “freedom of the press is under attack.” Whether revoking press credentials from one individual employee of a company that has a healthy population of other employees more than capable of picking up his slack is actual an “attack,” of course is subject to debate. That said, it seems he does not like to see his rights abridged or trifled with by the government. Personally, I welcome Mr. Acosta and his company at long last to the defense of constitutional liberties… but until as he takes up the banner to defend all of the other liberties so carefully enshrined by the founders, I’ll opt not to give one good goddamn about what Mr. Acosta thinks.

What Annoys Jeff this Week?

1. Failure to pay attention. I observe people around me. It’s as much for entertainment as it is out of the general sense that it’s just good policy to know what is or could be happening in my immediate surroundings. It’s the people who have absolutely no interest or regard for anything that extends past their own nose that I find most infuriating. They’re the ones that will pull out in front of you without noticing onrushing traffic, or throw their car in reverse to leave the gas pumps and narrowly avoid hitting the car behind them. They’re the ones who look utterly perplexed when someone asks if they’re ready to order after standing in line for the last fifteen minutes without once glancing at the menu. They’re the ones who stop short in the middle of the sidewalk and somehow look surprised when the next person trips into them. How wonderful it must be to exist in this world without any sense or interest in things happening just beyond arms reach – forget things that happen out of sight. Those might as well be witchcraft. Situational awareness isn’t just keeping an eye open for something in your environment that just doesn’t seem right. Sadly, awareness, whether situational or itherwise if apparently a bridge too goddamned far for 90% of the people living on this beshitted rock of a planet.

2. The shifting sands of Mondays. One of the big “so whats” about telework is it’s supposed to prepare us for working from alternate locations when our usual place of business is flooded, radioactive, or otherwise unavailable for doing business. When the office closes for a snow day, I’m theoretically supposed to be able to fire up my computer and do my job from home (which is a fine plan in theory, except for the part where even though I’m technically on the clock, the other 3000 people who I occasionally deal with don’t have telework agreements and are home not checking their email and phone messages). The whole theory of being able to do everything you can do in your office from a remote location is a fine one and probably true somewhere. I’ve got a situation next week that is ideal for “proof of concept” of why telework is the right answer. The meeting with high profile people is squarely in the middle of my regularly scheduled day to work from home. The most straightforward approach would be to call in and participate in the meeting as if being somewhere other than in the office didn’t make a difference. The actual approach will be to “just switch your day so you can be here for the meeting.” When we proceed from a place that assumes the quality of my work or advice on a subject is driven by where I am geographically, we’ve already lost the fight to build a 21st century workforce.

3. Accusations. In the American tradition of jurisprudence there are two concepts that we collectively seem to ignore when it’s convenient. One is the idea that the accused is innocent until proven guilty beyond a reasonable doubt. The other is that the accused has a right to confront the witness against them. In a world where the accuser either cannot or will not produce substantive corroborating evidence or identify witnesses to the alleged crime, accusations remain just that. As much as I would like to see certain crimes where punishment is dealt out first and questions asked later, it’s not a framework I’d particularly want to live under. If the mere accusation of wrongdoing is enough to decide guilt, what’s to stop any of us from seeing Lizzie Proctor talking to the devil?