Assault Weapons For Hunting? "A Good Clean Kill"

Pro-gun extremists like to argue that assault rifles, like the AR-15, are "modern sport rifles" that are perfect for hunting (like THIS SITE, which adds "It's even fun for kids"). Well, anything that throws a projectile can be used to hunt, technically.

I don't hunt, but all the serious hunters I know scoff at the stupid and transparent attempt to rebrand these weapons, and many hate them with a passion. I've posted before on the growing movement of hunters against the NRA. But with the number of hunters decreasing every year, and the rising cost of hunting as a hobby, the gun lobby wants to try to tap a new generation in any way it can. Why not increase your firepower?  Why kill one deer when you can take out the whole herd with one ammo magazine?  How much firepower is too much?

Well, leave it to Peter Sellers and Ringo Starr to point out the ridiculous nature of this position, in this excerpt from the movie "The Magic Christian" from 1969....

Just a "good clean kill." ....
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Oregon Ballot Measure 43 - Ban Assault Weapon And High-Capacity Magazine Sales

Clergy members of all faiths, youth, advocates, and Oregonians who are gun owners and non-gun owners have come together as a coalition to stop the carnage in our schools, our streets, and throughout our country. The coalition, "Lift Every Voice," has one goal: to make the state a safer place for all Oregonians.

We have filed Measure 43 as a ballot initiative for the November 2018 election. Measure 43 would prohibit the future sale or transfer of semiautomatic rifles and large-capacity magazines. Any such firearms or ammunition, described clearly in the measure, owned at the time the act becomes effective must be registered with the state, sold out of state, permanently disabled or can be given to law enforcement for disposal. The same safety measures will be applied to large-capacity magazines, defined as a magazine that holds more than 10 rounds.

The ballot measure has been filed. Sponsorship signatures were turned in on Saturday, March 24. The push for 88,184 signatures will not begin until we have cleared any court challenges. At this time, we do not expect to be able to begin collecting those signatures until June.  Until then, this is an "initiative petition" (IP 43).

Sign up here to receive email alerts from Ceasefire Oregon about Measure 43, how you can help, and pending federal firearm legislation.

Frequently Asked Questions:

Will people be forced to surrender their guns?

No. People will be required to register the firearms and magazines described in Measure 43. The firearms and magazines may also be sold out of state, permanently disabled or given to law enforcement for disposal.

Is this Constitutional?

Yes. Seven other states (HI, CA, NJ, NY, MD, MA, CT) and the District of Columbia already have similar laws banning assault rifles.

Is this divisive or controversial?

No. A Quinnipiac Poll from last month (February 2018) showed that 67% of Americans support an outright ban on the sale of  assault rifles. )

Why doesn’t the Oregon legislature pass this as a bill?

The Oregon legislature did not pass a similar bill (HB 3200) in 2013 after the Clackamas Town Center and Sandy Hook shootings. They have not been willing to address this issue since then.

How will this bill protect Oregonians?

When access to assault weapons is restricted, deaths due to mass shootings decrease. A 2014 study found that “both state and federal assault weapons bans have statistically significant and negative effects on mass shooting fatalities.” Everytown for Gun Safety, Assault Weapons Bans on Public Mass Shootings,” Applied Economics Letters 22, no. 4 (2014): 281-284, http://www.tandfonline.com/doi/abs/10.1080/13504851.2014.939367.

HERE IS THE CURRENT LANGUAGE OF MEASURE 43

The Campaign to Stop the Sale and Transfer of Weapons of War

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON:

SECTION 1. Sections 2 to 5 of this 2018 Act are added to and made a part of ORS 166.250 to 166.470.

SECTION 2. The people of the State of Oregon find and declare that a reduction in the availability of assault weapons and large capacity ammunition magazines will promote the public health and safety of the residents of this state.

SECTION 3. As used in sections 2 to 6 of this 2018 Act: (1)(a) “Assault weapon” means any:

(A) Semiautomatic rifle that has the capacity to accept a detachable magazine and has at least one of the following:

(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing;

(ii) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

(iii) A folding or telescoping stock;

(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;

(v) A forward pistol grip; (vi) A flash suppressor, muzzle brake, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle brake, or muzzle compensator;

(vii) A bayonet mount; or

(viii) A grenade launcher or flare launcher;

(B) Semiautomatic pistol, or any semiautomatic, centerfire or rimfire rifle with a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition;

(C) Semiautomatic, centerfire rifle that has an overall length of less than thirty inches;

(D) Semiautomatic pistol that has the capacity to accept a detachable magazine and has at least one of the following:

(i) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

(ii) A folding, telescoping or thumbhole stock;

(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;

(iv) The capacity to accept a detachable magazine at any location outside of the pistol grip; or (v) A threaded barrel capable of accepting a flash suppressor or forward pistol grip; 2

(E) Semiautomatic shotgun that has both of the following:

(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing; and

(ii) A folding or telescoping stock;

(F) Semiautomatic shotgun that has at least one of the following:

(i) A fixed magazine capacity in excess of ten rounds; or

(ii) An ability to accept a detachable magazine;

(G) Shotgun with a revolving cylinder; and

(H) Conversion kit, part or combination of parts from which an assault weapon can be assembled if those parts are in the possession or under control of the same person. (b) “Assault weapon” does not include any firearm that has been made permanently inoperable.

(2) “Criminal background check” has the meaning given that term in ORS 166.432.

(3) “Department” means Department of State Police.

(4) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm.

(5) “Fixed magazine” means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

(6) “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds or any conversion kit or combination of parts from which such a device can be assembled, but does not include any of the following:

(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds;

(b) A .22 caliber tube ammunition feeding device; or (c) A tubular magazine that is contained in a lever-action firearm.

SECTION 4.

(1) Notwithstanding ORS 166.250 to 166.470, and except as provided in subsections (2) to (4) of this Section 4, a person commits the crime of unlawful possession or transfer of an assault weapon or large capacity magazine if the person manufactures, imports, possesses, purchases, sells or transfers any assault weapon or large capacity magazine.

(2) Subsection (1) of this Section 4 does not apply to: 3 (a) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer as that term is defined in ORS 133.005 if that person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine and does so while acting within the scope of that person’s duties; (b) The manufacture of an assault weapon or large capacity magazine by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees, provided the manufacturer is properly licensed under federal, state and local laws; or (c) The sale or transfer of an assault weapon or large capacity magazine by a firearms dealer licensed under 18 U.S.C. 923 to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes.

(3) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall, within 120 days after the effective date of this 2018 Act, without being subject to prosecution: (a) Remove the assault weapon or large capacity magazine from the state; (b) Sell the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2) of this section; (c) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (d) Render the assault weapon permanently inoperable; or (e) If eligible, register the assault weapon or large capacity magazine with the Department as provided in Section 5 of this 2018 Act.

(4) Any person who acquires an assault weapon or large capacity magazine, for which registration was previously properly obtained under Section 5 of this Act, by inheritance, bequest or succession, or by virtue of the person’s role as executor or other legal representative of an estate or trust, shall, within 120 days after acquiring title, without being subject to prosecution under this section: (a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section; (c) Render the assault weapon permanently inoperable; or (d) If eligible, register the assault weapon or large capacity magazine with the Department and meet all of the requirements under Section 5 of this 2018 Act, except the time for registering shall run from the date of acquiring title.

(5) Any person who moves into the state and immediately prior to moving is in lawful possession of an assault weapon or large capacity magazine, shall, unless exempt under Section 4(2)-(4) of this Act, within 120 days:

(a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction;

(b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section; or 4

(c) Render the assault weapon permanently inoperable. (6) Unlawful possession or transfer of an assault weapon or large capacity magazine is a Class B felony.

SECTION 5.

(1) Any person seeking to register an assault weapon or large capacity magazine with the Department shall do so as provided in this section within 120 days after the effective date of this 2018 Act.

(2) In order to register an assault weapon under this section, the owner of the assault weapon must: (a) Submit to the Department, on a form approved by the Department, the owner’s name and address and the identification number of each assault weapon owned by the owner: (b) Be the lawful owner of the assault weapon prior to the effective date of this 2018 Act; and (c) Allow the Department to conduct a criminal background check of the person to confirm that the person is not a prohibited possessor under ORS 166.250.

(3) In order to register a large capacity magazine under this section, a person must: (a) Submit to the Department, on a form approved by the Department, the owner’s name and address and information sufficient to identify any large magazine owned or possessed by the owner; (b) Be the lawful owner of the large capacity magazine prior to the effective date of this 2018 Act; and (c) Allow the Department to conduct a criminal background check of the person to confirm that the person is not a prohibited possessor under ORS 166.250.

(4) A person seeking to register an assault weapon or large capacity magazine must submit evidence satisfactory to the Department to establish that: (a) The owner has securely stored the assault weapon or large capacity magazine pursuant to existing law and, in addition, as provided in any rules and regulations adopted by the Department specifically relating to assault weapons and large capacity magazines; (b) The owner possesses any lawful assault weapon or large capacity magazine only:

(A) On property owned or immediately controlled by the registered owner;

(B) On property owned by another with the owner’s express permission in a manner consistent with subsection (4)(a) in this section;

(C) On the premises of a firearms dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful repair;

(D) While engaged in the legal use of the assault weapon or large capacity magazine, at a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting;

(E) At a firearms competition or exhibition, display or educational project about firearms sponsored, conducted by approved or under the auspices of a law enforcement agency or a national or state-recognized entity that fosters proficiency in firearms use or promotes firearms education; or

(F) While transporting the weapon in a vehicle as permitted in ORS 166.250 to one of the locations authorized under this statute.

Bump-Fire Stocks And Why They Are Important In The Las Vegas Massacre

In Las Vegas, 59 people died and over 500 were wounded. It's hard to fathom how one man could kill and injure so many people in less than 10 minutes -- until you consider the weapons he had at hand, weapons that are legal to purchase almost anywhere in our nation.

As America continues to reel from the horror unleashed in Las Vegas this week, remembers the victims and all the heroic acts of concert-goers saving each other, the picture of the shooter and his high-powered, military-style weaponry is becoming clearer.

Searching the shooter's 32nd floor hotel room, investigators found 23 firearms, almost all of which were semi-auto assault rifles, along with high-capacity ammo magazines, sniper scopes, and thousands of rounds of ammunition. Searching the shooter's home, more firearms were found, as well as more ammunition and signs of explosives.  In all, 47 firearms were discovered that had been in his possession.

On many of the assault rifles, investigators found "bump-fire stocks."  This is a very important point.  What are bump stocks and why are they important?

"Bump-fire" is a technique used by "gun enthusiasts" to fire semi-auto guns far faster, almost like a full-auto machine gun, by using the gun's recoil to cause their finger to hit the trigger in a rapid fashion.  HERE is an example of someone bump firing an AK pistol.

"Bump-fire stocks" are similar, in that they are an accessory rifle stock (the back part of the gun that goes up against your shoulder) that is manufactured in such a way as to create the bump-fire action in an easier fashion.  In the words of Senator Dianne Feinstein, “This replacement shoulder stock turns a semi-automatic rifle into a weapon that can fire at a rate of 400 to 800 rounds per minute." This in essence turns a semi-auto assault rifle, which is already high-powered, into nearly the equivalent of a fully automatic "machine gun." These also help get around strict gun regulations in California which are meant to prevent fully automatic rifle sales. Feinstein had introduced a bill in 2013 to ban bump-fire stocks, but the bill was defeated. In the wake of the Las Vegas shooting, she is looking to re-introduce the ban.

The Mercury News released a very good article that describes in more detail how bump-fire stocks work.

Here is a video of a gun manufacturer who is selling bump-fire stocks, as advertised during the 2013 SHOT Show in Las Vegas, ironically, in 2013. Note how fast the shots are fired with it with both an AR-15 and AK-47:

[UPDATE: shortly after publishing this post, that video was taken down, so here is a different video demonstrating a comparable bump-fire stock in action]  The narrator says "Once we really got the hang of this thing, it was a ton of fun. As you can see here, Brian is just rippin' through rounds here and really enjoying it!" then adds "It's cheap, it's only $100."




Here is another video, this time by a gun nut showing it off with his AK-47, calling the bump-fire stock a "real fun toy" (note that his little child is just off-camera, asking when he can have a turn):

UPDATE: (As with the other videos I originally posted, this one was taken down soon after I published this blog post. -- it seems the gun guys aren't too keen on their ads for these bump fire stocks now that 59 people were killed and hundreds injured by a shooter with one.)

HERE is another video that compares "the world's fastest shooter" to bump fire.

Compare the rate of fire to the horrifying audio from the Las Vegas massacre.  Rapid fire like that belongs on the battleground, not at a concert in Las Vegas. There were military veterans who died at the concert, who suffered from PTSD from their time overseas. Imagine the horror they felt as they heard rapid fire, here at home, which took the life of this Navy veteran, or this Marine who managed to survive and helped save the lives of others. “It was a mini war zone but we couldn’t fight back,” he said.

Now imagine if a silencer (or "sound suppressor") had been used in addition.  Due to the Las Vegas shooting, the House decided to delay a vote on a bill (deceptively called the SHARE Act, supposedly to help hunters) that would deregulate silencers, as well as armor-piercing ammo and other gun regulations.

The shooter's weapons were not suppressed. Because of this, other hotel patrons heard the gunshots, like this guy two stories up, and were alarmed. When the police team searched for the shooter's room, the sound of the gunfire helped them find him (in addition to smoke alarms from the smoke created by the weapons during firing).  One policeman stated, “I'm inside the Mandalay Bay on the 31st floor, I can hear the automatic fire coming from one floor ahead, one floor above us.”  If the guns had had silencers on them, most hotel patrons beyond one room away likely wouldn't have known what was happening, and police would have had a harder time locating the shooter's room.

Don't believe me?  Consider the following video, where a gun enthusiast demonstrates his AR-15 assault rifle, complete with bump-fire stock, outfitted with a sound suppressor.  He describes it as "very very quiet suppressor." Listen carefully and judge for yourself whether you would be able to hear it more than a couple rooms away:

UPDATE: as with the first video in this post, this video was also taken down a day after I posted.  So here is a different video with a bump-fire stock with and without a silencer.  Compare the noise it produces.  He doesn't even need ear protection:

UPDATE: And now that link, too, has been taken off.  YouTube decided that it doesn't meet their guidelines!  Good for YouTube, honestly.  




"Fun, fun!" he exclaims after firing. "Life is really good."  He doesn't even need to wear ear plugs or any ear protection.

And why would anyone need the bump-fire stocks?  For the "Fun, fun!" of it, apparently, unless you're fending off a small army of invaders -- or trying to kill hundreds of concert-goers.

It's time to ban these heinous devices and bring a new trajectory to our societies away from gun violence.


UPDATE (10/5/17): House Republicans are considering voting on a bill to make bump-fire stocks illegal, introduced by Florida Republican Rep. Carlos Curbelo.  From a CNN article:

The Florida Republican said his proposal would be a straight ban on bump stocks: "no one can have them, no one can make them, no one can transfer them." His approach mirrors a measure introduced by House Democrats on Wednesday.

UPDATE (10/5/17):  Well, now here's a surprise!  It must be the first time in two decades that the NRA is actually willing to support a form of stricter gun regulation!  They are willing to support stricter regulation of bump-fire stocks.

A statement from the NRA, from an article:

The group said: "Devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations." ....

The NRA called on Thursday for regulators to "immediately review whether these devices comply with federal law".  ...

"In the aftermath of the evil and senseless attack in Las Vegas, the American people are looking for answers as to how future tragedies can be prevented," NRA chiefs Wayne LaPierre and Chris Cox wrote in the statement. 

Does this mean that they will also support other means of rapid fire, such as "bullet buttons" or the sale of parts and books intended to make your own full-auto modifications, or 3D printed parts that do the same?  I hope so.  UPDATE (10/12/17): Eh, nevermind, says the NRA, they don't actually support a ban on them, just "further review" by the ATF, who can't regulate firearms *accessories* unless told to do so by a law passed by Congress.  So, in other words, nothing will change if the NRA has it's way.  Gee, what a surprise.


Again, as with the GOP, I suspect that they are throwing the public a bone in the hopes that public outrage over this shooting can be quelled before further gun regulation is proposed.

UPDATE (10/5/17):  President Trump has also signaled that he would be willing to consider a ban on bump-fire stocks.

UPDATE (10/10/17): Not only are the gun nuts ashamed to the point of pulling their YouTube videos, but retailers are now pulling the bump-stocks off the market, even though there is demand.  Good for them!

UPDATE (2/20/18): President Trump today said that he would move to make bump stocks illegal. In his words:  "Just a few moments ago I signed a memo directing the attorney general to propose regulations that ban all devices that turn legal weapons into machine guns."  It's just a memo, and the NRA and pro-gun legislators have already, quietly, opposed the measure. So we'll see what comes of it. Also, he said, "ban all devices," so does this include trigger cranks, bullet-buttons, and other devices? What about all the books and accessory parts sold out there that help gun owners retrofit their semi-auto rifles to become full-auto?

UPDATE (12/18/18):  Today, the Trump administration has officially banned bump stocks.  "Under a new federal rule, those who possess the devices, commonly known as bump stocks, will get 90 days to turn them in from the date that the final rule is published in the federal register, which is likely Friday, the officials said." It took a lot of pressure and going around Congress, but, for once, I'm approving of Trump's stance on something.

Oregon Governor Kate Brown's Initiative To Reduce Gun Violence

A statement from Ceasefire Oregon...

Ceasefire Oregon is proud to be part of Governor Brown's new initiative to reduce gun violence.

Governor Brown's initiative includes:

• Prohibiting purchases of extended-capacity magazines. This type of ammunition enables shooters to fire 10, 30 or even 50 bullets before stopping to reload the gun.  
• Expanding the types of relationships that qualify under domestic violence by closing the "boyfriend loophole." This legislation will ensure that people convicted of certain domestic violence and stalking crimes will no longer have access to firearms. 
• Closing the Charleston loophole so individuals who should not own a gun are not able to buy one simply because authorities were unable to complete a background check in a few days.
• Strengthening existing law through executive order to give law enforcement the tools needed to track and analyze gun transactions.
• Establishing a work group to review and assess firearms-related domestic violence offenses.
• Directing the Oregon Health Authority, through executive action, to report annually on gun violence, its effect of public health and to recommend policies to reduce gun violence in Oregon.

In addition, Governor Brown calls upon Congress to end gun violence by:

• Banning assault weapons and extended-capacity magazines. (S. 4269)
• Strengthening anti-terrorist legislation so individuals on the FBI's watch list are prohibited from purchasing a firearm in the United States.  (H.R. 1076)

Governor Brown's actions are strong, positive steps we can take to stop the gun violence that we witness daily. Please call her office now at (503) 378-4582 to thank her. 

   

To stay up to date on the Governor's actions and to learn what you can do to stop gun violence, visit our website at ceasefireoregon.org and encourage your friends to do the same.

   

Working together, we can put an end to the scourge of gun violence. 

Addendum:  The transcript of Gov. Brown's speech can be found HERE.  You can find an additional fact sheet of Gov. Brown's "Oregonians United to End Gun Violence" announcement HERE.

The Orlando Shooting

Another day, another mass shooting.  This time it's different from the usual (you know, the sort of mass shooting of four or more people that happens nearly every single day in America).  This time it was the worst in America's history.  50 dead.  At least 50 injured.  By one unstable man with an assault weapon and high-capacity ammo magazines.

I feel horrible for the victims, their families, their friends, their community, and for us all.

I think this image says it all....

I think our President sums up our appropriate response quite nicely:

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His Brother Used His Assault Rifle To Shoot Up A School, Now He Wants The Weapon And Ammo Back

(UPDATED, see at bottom)

Back in June of last year, there was yet another school shooting to horrify the nation, this time in my home state of Oregon, which I blogged about at the time.

A 15-year old boy, Jared Padgett, had gotten his brother's assault rifle, high-capacity ammo

14 year old victim, Emilio Hoffman (source)

magazines, and ballistics vest, and his father's handgun, then went to his school, Reynolds High School in Troutdale, Oregon.  He hid the weapons in a guitar case, calmly rode the school bus to school, then entered the gym building locker room and started shooting, killing an innocent 14-year old boy, Emilio Hoffman, and wounding a PE teacher, Todd Rispler.  A lockdown and police response ensued.  When guards showed up to shoot it out with Padgett, he fled to a bathroom and shot himself to death.

(Another boy, unrelated to Padgett and the shooting, was found to have a gun on campus, too, after police searched the grounds!  And just to add yet another gun crime to the event, a man showed up looking for his young sister, illegally armed with a concealed handgun).

Once again, the city, state, and nation were horrified, and demanded answers to how Jared had been armed with a high-powered firearm and why he committed this act.

Naturally, the police confiscated the guns, hundreds of rounds of remaining ammo, and other materials as evidence.

Now, the brother of the shooter, Lucas Padgett, wants his assault rifle, ammo, vest, and other materials back!  From an article:

15 year old shooter, Jared Padgett (source)

On Aug. 13, Lucas Padgett filed a motion requesting a judge order the City of Troutdale and State of Oregon to return property that he claims is still being held. 

Lucas Padgett writes in court documents that he is the “lawful owner” of the following property:

• One (1) Daniel Defense Armament DDM4 Carbine Rifle Serial No. (Redacted);

• Eight (8) 30 Rounds Magpul Magazines;

• Several hundred rounds of ammunition;

The assault rifle used in the shooting

• One (1) ‘plate carrier’ vest;

• One (1) United States Army issued ‘laundry bag.”

He writes that “on or about June 10, 2014 my above…property was stolen or otherwise converted by law enforcement.” Lucas Padgett claims that the items seized are no longer needed “for evidentiary purposes.” 

“These items belong to me, I have never been charged with any offense connected herewith,” Lucas Padgett writes. “I am entitled to their return and there is no legal impediment to my possession of said property.”

Now...   if a member of your family had recently shot up a school with an assault rifle, killed another student and wounded a teacher, then killed himself, would you demand the murder weapons back??  

Lucas Padgett, owner of murder weapon (source)

Sick, sick, sick.

He has no shame.

Does Lucas have a claim?  Yes, if the police have no further need for the weapons and other materials for the purpose of evidence, there is no reason to charge him with a crime, and Lucas Padgett is legally allowed to own firearms, then likely he has the right to get them back.  From the same article:

The Multnomah County District Attorney’s Office in Nov. 2014 announced it would not pursue criminal charges against Lucas Padgett or his father despite the fact that Jared Padgett had taken the weapons and ammunition from the Padgett residence. 

Investigators determined that both Lucas Padgett and his father had taken steps to secure and lock their firearms. In court filings, Multnomah County Senior Deputy District Attorney Brian Davidson wrote in 2014 that “the State would not be able to prove beyond a reasonable doubt that either Michael (father) or Lucas (brother) Padgett were aware of and consciously disregarded a substantial and unjustifiable risk of serious physical injury to another person.” 

Davidson on Thursday said that even though the statue of limitations have not expired, there has been no discussion on re-considering file criminal charges against any member of the Padgett family. 

According to Sali, “at some point, either when the statue runs (out) or when there is no longer a plausible basis to say that the investigation is on-going, they have to give those back.”

And today a Judge agreed, saying that the city has 45 days to prove the items are needed as evidence, or return them as requested.

Legal rights aside, the demand to get the murder weapon and ammo back is a good indicator of the family and its "values."

After the shooting, the family of the shooter released a statement, saying they were "horrified and distraught" and that they had tried to instill good values in Jared, but they didn't take any responsibility for Jared's behavior:

“We are at a loss as to how and why this tragedy unfolded,” he said. 

“The values that we have taught our children are love in Jesus Christ, compassion, forgiveness and patience. These are all natural attributes we observed within Jared daily.”

I question those so-called "values" that they taught Jared and Lucas.  According to Jared's diary, he was on mission to "cleanse the world of sinners" as a fundamentalist Mormon.  The parents had just gone through a messy divorce and were fighting over custody.  Jared was described as "conceited at times" and had angry outbursts.  What's more, he (and I'm guessing the rest of his family) "loved guns," showed off the family guns and ammo to friends,  would "play around with knives more than anything else" and regularly went target shooting, including a couple weeks before the shooting.

Gee, with all that in mind, how could the family be "at a loss as to how and why this tragedy unfolded"?  Hardly a picture of the "family values" from the family statement.

But is the brother in any way responsible for the shooting or the motives or thoughts behind his brother?  I mean, it wasn't him who pulled the trigger, right?

Well, let's take a closer look at how the guns and ammo were stored.  According to an article, "Investigators determined that both Lucas Padgett and his father had taken steps to secure and lock their firearms."  But is that really true?

According to an article:

[Father] Michael Padgett told police that he kept his guns and knives in the closet of his bedroom, and he usually locks the door from the inside and closes it. Anyone seeking access would need a key to open the bedroom door, and he said his son Jared did not have the key. 

"I don't consider it any, umm, anything irresponsible on where they're at, how we store 'em, what the training has been, so on and so forth,'' Michael Padgett told detectives. "He's not a kid that gets into that stuff.'' 

I care to differ.  Clearly he was "a kid that gets into stuff" since he got into it and then killed a boy with it!

The AR-15 rifle that Padgett used in the school shooting, police determined, had been locked in a Pelican-brand gun case in the bedroom that Jared Padgett shared with his older brother, Lucas Padgett.

Okay, but where were the keys to the room and closets?  From that article:

Michael Padgett told investigators that Lucas Padgett had put a key on his father's key ring that was for one of two locks on the Pelican rifle case. ... 

Lucas Padgett told investigators he kept a Master lock on the Pelican case, and kept the case in his closet. He said he kept the key to the Master lock on his house and car key ring, which he sometimes leaves on his desk or hangs in the kitchen, the records show. He said he kept the key to a second lock on the case on his dad's key ring, the records show. 

When detectives asked him how he stored other ammunition in his closet, Lucas Padgett at one point said, "It's irrelevant." 

"It's irrelevant?'' state police detective Patti Rhodes asked in response. 

"Yeah, it's uh ... irrelevant,'' Lucas Padgett replied. 

"It might not be irrelevant,'' Portland police Det. Brett Hawkinson told Lucas Padgett. 

Lucas Padgett told police that he had 24 magazines of ammunition in total, including the two that were missing. 

Asked if his younger brother knew he had the rifle with loaded magazines inside the Pelican case, Lucas Padgett said yes. 

"Has he opened it before?'' the state police detective asked. 

"Yes,'' Lucas Padgett said.

No, it's not irrelevant.  It's completely relevant.  Only a complete moron leaves the ammo with the weapon in a home with an unstable kid.

And the keys were just laying or hanging around?  What good is locking something when you leave the keys out?

The family refused to allow police to enter the house to examine the locks until nearly 5 months (!) after the shooting.  At that time:

[Investigator] Ober found the bedroom door did have a basic lock on it "that could be unlocked from the outside with the use of a rudimentary key.'' The lock was functioning, Ober found. 

Investigators found that although Lucas Padgett failed to prevent his younger brother from gaining access to his rifle, the evidence showed that Lucas Padgett kept his rifle in a "locked container.'' 

Lucas Padgett could not be found to have violated Multnomah County code for endangering a child by preventing access to a loaded or unloaded firearm, because the firearm had been kept in a locked container, the district attorney's office found. 

For similar reasons, prosecutors said they would not bring charges against Jared's father, since they believe the father had his handgun locked in his bedroom.

But even if there had been locks on the father's door or the rifle case, clearly they either failed to engage the locks or they left the keys where the boy could get them.  In either case, it is negligence on the part of the father and brother...

... and they refuse to take responsibility for it.

And now the brother wants his murderous gun and ammo back.  What a sick person.  What a sick gun culture we have, that he's clearly part of.  And what a sick nation we are to allow assault rifles and high-capacity magazines to be in a person's possession at all, especially around children.

UPDATE (10/21/15):  In an agreement with Padgett, the City of Troutdale paid Padgett nearly $4000 to purchase the gun and all other evidence!  I guess it really is about the money to the brother of this murderer.  According to another article:

City officials said they reached out to Lucas Padgett and reached this “compromise that would be acceptable to all involved and help continue the healing process of this terrible tragedy.” 

At some point in the future, city officials said they would request an order for final disposition of Padgett’s property.

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Walmart halts sale of assault rifles and sniper rifles!

Below is what was posted at the Walmart Shootings blog:


After years of pressure by gun violence prevention groups and victims, not to mention increases in at least the last three years, Walmart has announced that it is discontinuing sales of assault rifles and sniper rifles in its stores.  This is a tremendous success for common sense!

gun crimes and shootings at its stores for

Up until this, Walmart had sold five different models of assault rifles.  Some of these have been used in shootings on Walmart property or have been stolen from the store counters.

Walmart continues to sell shotguns, hunting rifles, and ammunition, as well as realistic-looking airguns, and they still allow people to carry concealed handguns in their stores.

From an article:

The world’s largest retailer will stop stocking AR-15s and other modern sporting rifles (MSRs) as it resets its stores with fall merchandise, a Walmart spokesman confirmed to Quartz on Wednesday. The company will replace the rifles (carried in less than a third of its stores) with shotguns and other hunting weapons.

The move comes in the midst of a national gun debate fueled by high-profile shootings involving the weapon, including Adam Lanza in the school shooting in Newtown, Connecticut, James Holmes in the Colorado theater shooting, and the Los Angeles Airport shooting where a Transportation Security Administration officer was shot and killed.

The National Shooting Sports Foundation says modern sporting rifles are among the most popular firearms being sold in America.

Walmart claims the move was a "business decision" and not due to pressure, but assault rifles continue to be a hot commodity with the gun guys, so I think we all know what the truth is here.  There has been a lot of outcry, including petitions like HERE and HERE.

Unpatriotic Gun Nuts Rush To Buy AK-47's Due To Sanctions Against Russia

Russia hasn't been behaving itself lately, what with annexing Crimea, building up troops on the eastern border with Ukraine, arming and aiding Ukrainian rebels, playing a role in the downing of Malaysian Flight M17, and, today, is even firing artillary into the Ukraine from inside the Russian border to help the rebellion.  Putin is returning to the glory days of headlong Communist expansionism.  As the most recent release of Time Magazine put it in their article "In Russia, Crime Without Punishment:" 

Can the West stop a figure who is determined to uphold the dreary habits of czars and Soviet leaders while projecting Russian exceptionalism and power?

So far, the U.S. and other Western powers have responded only with condemnation and economic sanctions. 

I feel that any thinking individual with a shred of love of democracy would approve of at least that much of a response.  At this very moment, Russia is invading a sovereign, democratic nation in an act of unprovoked warfare.  If we are lovers of democracy and patriotic to the needs of our country and our allies, wouldn't it make sense to support the U.S. sanctions?

What are those sanctions from the U.S., exactly?  From an article:

The Obama administration last week announced a new round of sanctions against Russia that it says are intended to discourage Russia from continuing to support rebel groups in eastern Ukraine. Companies blacklisted by the U.S. include Russian banks, energy firms and eight weapons manufacturers -- including Kalashnikov Concern, a maker of what is arguably the most popular weapon in the world, the AK-47.

It makes sense, doesn't it?  If Russia wishes to act against our allies and our democratic ideals, we as a nation shouldn't support Russia economically, and we should do what we can to stop them from arming rebels, including small arms like AK rifles.

So what does the supposedly "patriotic" gun crowd do -- the same men who quote (selected) portions of the Constitution and (selectively) pore over the history of the Revolution and Founding Fathers?  They whole-heartedly support sanctions against Russia and Russian gun companies, right?  Right???

Wrong.

Their love of guns supersedes any actual patriotic feelings.  Take, for instance, when the inventor of the AK-47, Mikhail Kalashnikov, died.  Kalashnikov confessed that he felt "spiritual pain" for having invented the AK-47 -- the gun that has killed untold millions of people, including Americans in every war and conflict we have fought since Korea, and ushered in with a rain of bullets every Communist, jihadist, and anti-American insurgency since.  The AK-47 symbolizes everything that is the antithesis of American democracy.  Did the pro-gun crowd cheer that this villain had died?  No, they mourned instead.  A sampling of their responses:

"Damn that sucks. Father of the most famous assault rifle. RIP Mikhail!" (source)

"I just told my AK about it. We had a good cry together. RIP to one of the greatest weapons designers of the 20th century." (source)

"The world has lost a true genius and a hero today." (source)

"Guess I'll fire a 21 gun salute from my own AK-47 variant." (source)

"Rest in Peace. The master tinkerer's invention has probably done more to shape world events than any ideology." (source)

"It was an honor to live in the same century with him." (source)

This, despite the fact that it isn't uncommon for the AK-47 and other AK variants to be used in crimes here in America.  At the Kid Shootings blog, for instance, you can find 15 examples where an AK-47 was used in a crime involving children, including their deaths, and those are by no means inclusive.

So, flash forward to today.  Despite the sanctions levied against Russia for their warlike and anti-democratic behavior, and despite the wicked history of the AK-47 on the battlefield as well as American streets, the gun is now selling out on American gun store shelves.  And it's not just AK-47s, but other Russian guns as well.  From a Huffington Post article:

While there’s no hard data showing an uptick in Russian gun sales, gun sellers around the country say they’re seeing big business in AK-47s and other Russian firearms.

Blaine Bunting, president of Maryland gun distributor Atlantic Firearms, said Tuesday that orders for their AK-47-style rifles and shotguns have "tripled, if not quadrupled" since Obama announced the sanctions.

"We have 15 employees here, and yesterday we started at 7:30 in the morning and didn't leave until eight at night," he said. After selling more than 400 Russian guns in just a couple days, Bunting said, Atlantic Firearms is sold out.   ....

Last week in Nampa, Idaho, the gun store Armageddon Armory bought 60 Saiga semi-automatic shotguns, which are made by Kalashnikov. They were gone in just a few days, according to the shop’s manager, David, who refused to give his last name, citing store policy.

"We sold out of them instantly," he said.

Right now, Saiga shotguns cost $800 to $900, David said, estimating they would double in price within six weeks because of Obama’s executive action.

Wow.  So why are they selling so many?  As one gun dealer put it after a surge in AK-47 sales in his store, "The simple thing is, people want what they can't have."

And there you have it.  It's not about having a gun for home defense, and it's not about hunting (assault rifles are a poor choice for either home defense or hunting, compared to other options).  It's about panic-buying an item that the gub'ment has told them not to buy.  It's the result of a deeply anti-authoritarian view, fostered in large part by the perpetuation of the false refrain that the government is going to take away everyone's guns.  And it's about the very-male fascination by low-brows of making things go "boom" for "fun."  You've got to have the highest-quality gun for that, right?  Again, from the Huffington Post article, quoting a gun seller:

"The Russian AK-47 is one of the highest quality AKs out there," said Ben, from North Raleigh Guns. "It's been around forever. The ammo is affordable. Plus, it's really fun to shoot."

Patriotism goes out the window when you have a need to fuel a gun fetish for "fun."  Panic buying doesn't bring in new gun owners, generally, but merely appeals to those who are already amassing arsenals of these deadly weapons.  These aren't the run-of-the-mill gun owners who have one or two guns for home defense or hunting.  These are the extremist, insurrectionist types, and we should all be fearful.  Remember, too, that modern guns are made with high enough quality that they will likely outlive those who buy them.  Where, then, will they wind up?

Mikhail Kalashnikov said on his deathbed, "My spiritual pain is unbearable" because of the gun he invented to "protect the Motherland."  I wonder if any of the gun nuts who are buying up Mikhail's weapons will one day feel the same guilt for bringing such dangerous weapons into their homes and for betraying the needs of our country, just so they can feel part of some anti-government "fun" trend?