Conviction for Praising Prostitutes (as “Promoting Prostitution”) Upheld

From State v. Peters, decided Monday by the Washington Court of Appeals (opinion by Judge Stephen J. Dwyer, joined by Judge Linda W.Y. Coburn and Chief Judge David S. Mann):

Charles Peters … was a frequent sex buyer—he engaged sex workers once or twice a week while trying to “limit” his spending on these episodes to $2,400 per month.

Peters located information concerning which sex workers were available for hire and which services they offered on a review website called “The Review Board.” Because he wanted to “give something back,” Peters also wrote and posted reviews about his own experiences with various sex workers. Peters’ reviews included detailed and graphic narratives describing his encounters with the particular sex worker he was reviewing, as well as booking information and an Internet hyperlink to that sex worker’s online advertisement.

Peters was also a founding member of another, smaller group of enthusiasts called “The League of Extraordinary Gentlemen.” This group focused its collective attention specifically on Korean sex workers in the greater Seattle area. The League began as an e-mail chain but eventually grew into a private discussion board website. Peters served as a moderator to the online discussion board and was able to invite new members into the group. The members of the League also held occasional, informal, in-person meetings, which were often organized by Peters.

Peters regularly helped to connect various actors within the sex trade to one another. Peters introduced independent sex workers who wanted to work with agencies or bookers to pertinent agency representatives or bookers. He recommended specific sex workers and explained the screening process to would-be customers. He made appointments for other customers and “vouched” for new customers to help them pass through screening processes.

Peters was also one of several creators of an advertising website for Korean sex workers in the greater Seattle area, KGirlDelights.com. Peters paid the website hosting fee for KGirlDelights.com and also purchased the .net and .org versions of the same domain name. Agency owners and independent sex workers sent Peters advertisements, which he posted on the website.

In the spring of 2015, the King County Sheriff’s Office and the Bellevue Police Department began a joint investigation into the Internet sex trade in the greater Seattle-Bellevue area. Detective Luke Hillman, working undercover as “LucasK1973,” created an account on The Review Board and noticed that Peters, under the name “Peter Rabbit,” was a frequent poster and appeared to be “kind of a leader.” Eventually, Peters invited Detective Hillman to join the League of Extraordinary Gentlemen. This proved unwise.

Peters was ultimately charged with nine counts of promoting prostitution in the second degree….

Peters was convicted, and challenged the conviction on various grounds, including the First Amendment. The Court of Appeals was not persuaded:

Speech that is intended to “incit[e] or produc[e] imminent lawless action and is likely to incite or produce such action” is not protected by the First Amendment. Brandenburg v. Ohio (1969). Our Supreme Court has determined that “the only kind of speech punished” by the prohibition of advancing prostitution, as defined by RCW 9A.88.060, is “[s]peech directed toward the persuasion of another to enter into an illegal arrangement.” Because such speech is intended to incite imminent lawless action (i.e., engaging in prostitution) and is likely to do so, it is not protected by the First Amendment.

Peters … [argues that] the speech for which he was prosecuted was not an offer to enter into an illegal arrangement but, rather, “the fact that he wrote detailed positive reviews describing his experiences with prostitutes, and referred others to sex workers upon his recommendation.” In support, Peters cites to Hess v. Indiana (1973). In Hess, the Supreme Court determined that a remark by an anti-war protestor could not be punished as disorderly conduct because, as the protestor’s words were not directed to anyone in particular, there was no evidence that the protestor’s words were intended and likely to produce “imminent disorder.” That holding does not aid Peters. Here, by contrast to Hess, Peters’ speech—detailed reviews meant to serve as advertisements and referrals to specific sex workers—was intended to and was likely to produce imminent violation of prostitution laws.

Because Peters’ speech was both intended to produce and likely to produce unlawful activity, prosecution based on this speech does not violate the First Amendment.

I think this analysis is likely mistaken, because from the facts it appears that he wasn’t encourage imminent unlawful activity, which is generally understood as calling for action within hours or at most days; rather, his speech was “advocacy of illegal action at some indefinite future time,” which is precisely what Hess says doesn’t qualify as incitement.

But it might well be specific enough (because it identifies particular prostitutes) to constitute solicitation of crime, a separate exception recognized by the Court in U.S. v. Williams (2008). Though the boundaries of that exception are unclear, it might well cover such speech; for more, see pp. 993-97 of my The “Speech Integral to Criminal Conduct” Exception article. Encouraging someone to kill a particular person or bomb a particular building may well be solicitation, even if the plan is to do it some time later; likewise for encouraging someone to patronize a particular prostitute. I think that prostitution ought to be legalized, but so long as it’s illegal, speech soliciting such transactions can likely be made illegal as well.

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Fix Family Poverty With Free Markets, For Once

dpaphotosfour961687

It has been a strange month in the world of family policy. Since Sen. Mitt Romney (R–Utah) floated his child allowance plan, which would replace existing family assistance programs with a monthly payment of $350 for newborns to five year olds and $250 per child for kids between six to 17, the budding alliance between traditional conservatives and left-wing progressives has been startling to watch. The news that New York Times columnist Ezra Klein and our American Enterprise Institute (AEI) colleagues (including Ramesh Ponnuru, Brad Wilcox, and Yuval Levin) have found common ground on this idea is either a sign that great things are about to happen or that things are about to go completely off the rails. We think it’s the latter.

Giving parents money with no strings attached in order to reduce child poverty is an idea that has been tried before. The results are hardly ancient history. These policies became part of the federal government’s scope as a way to support the children of mostly widowed mothers, and successfully prevented severe destitution for many children. But these successes faded in the second half of the 20th century as the programs expanded and societal behaviors around marriage and childbearing began to change. Unconditional cash aid to poor families led to government dependency and non-contributing absent fathers, eventually becoming widely unpopular among policymakers on both the right and the left.

Advocates for a child allowance believe our situation calls for a return to this approach. Some proponents have tried portraying a child allowance as fiscally conservative. But it is hard to understand how the federal government sending monthly checks to almost every child in the country (except the top 5 percent), for a total cost of $229.5 billion per year, is fiscally prudent, even if that spending is replacing other welfare programs. This kind of top-down, redistributive plan seems antithetical to a free market, small government approach.

Even so, some supposed fiscal conservatives remain intrigued by using the federal government’s power of the purse to enact a child allowance in the name of reducing poverty and supporting families. But it is useful to remember that as recently as 1992 almost 5 million, mostly single-mother families were receiving unconditional cash aid from the government, yet 60 percent of children in single parent homes were living in poverty. Even liberal proponents for the poor at the time recognized that the system of unconditional cash payments was harming children by discouraging parental employment and increasing dependency.

The passage of welfare reform in 1996 (along with tax credits that were tied to work) essentially ended the policy of distributing unrestricted cash payments to poor families. Welfare reform required work in exchange for assistance and established federal time limits on benefits. The result was an 18-year decline in the poverty rate for children in single-parent families—a trend that only ended with the Great Recession. In fact, by 2017, the overall child poverty rate declined by more than 40 percent and the gap in child poverty rates by race and ethnicity narrowed substantially.   

Given this history, it is incredible to see folks like Ezra Klein assert that the Romney “proposal would cut child poverty by a third, and the Biden plan by half.” If we are to be unconcerned about returning to the pre-welfare reform days, why not eliminate child poverty altogether by just giving people even more money? The answer is because unconditional cash payments from the government have unintended consequences, and those consequences include reduced employment, more nonmarital childbearing, and ultimately higher poverty rates.

But the child allowance is not really just a plan to end child poverty as we know it. The fact that some proposals want the allowance to top out for single parents making $200,000 a year and married parents making $400,000 a year suggests that this is just as much a plan to simply subsidize child-bearing and rearing. The growing natalist movement on the right—which includes but is not limited to religious conservatives—says that it’s time we do something about declining fertility rates in this country. Some conservatives are even praising proposals from think tanks with socialist ideas.

It’s true that the number of children born in this country has dipped below replacement rate, which could have detrimental effects on both the country’s dynamic economy and culture, especially if policies drive immigration rates lower too. It’s not only that our entitlement programs will collapse under the weight of too many old people and not enough young ones. Business creation will slow too. If we think parents are too averse to letting kids take risks now, just wait until our families shrink even further.

Natalists assume people are not having more children because of financial constraints. They cite the gap between women’s “ideal fertility”—they never ask how many children men want—and the actual number of children they have. Whereas during the 1950s and 1960s many women had more children than they wanted to, now they have fewer. As Lyman Stone (another one of our AEI colleagues) writes, “The share of women precisely achieving their goals has not changed in 40 years. We’ve swapped out unwanted childbearing for missing babies….Given the pent-up demand for childbearing, governments should target policy to address the preferred fertility rate.” Of course, the availability of birth control (and abortion) is the obvious reason that women don’t have more children than they want anymore, but the reasons that they have fewer can hardly be reduced to a simple lack of affordability.

One of the main reasons behind the failure to achieve “ideal fertility” is that women wait longer than years past to marry and have children so that they can pursue education and career goals. Add to that the increasing poor health among prime-age people, and there are simply not as many fertile years left. Another factor involves personal choices when people face economic constraints, a reality that will always exist. Instead of more children, families who already have children might prefer a bigger home or a home in a safer neighborhood with better schools. Perhaps both parents want to pursue a career instead of taking several years away from work (and less income) to raise multiple children. Or it may also simply be that children are a lot of work and parents don’t have the energy for more children. (We say this lovingly, as the mothers of a combined seven.)

A comprehensive review by researchers at the United Nations supports the view that declining fertility is about much more than finances, and that the affordability problems that do exist are not necessarily solved by more money from the government. In fact, there is plenty of evidence from the international context that giving people more money does not reverse fertility declines. The research findings show that across numerous countries that have tried these policies, financial incentives push parents to have children earlier, but don’t reverse overall fertility declines. The policy with the largest impact on completed fertility, meaning the total number of children women have, was actually publicly funded childcare. But that doesn’t mean the U.S. should put every kid in daycare, and that’s hardly the result natalists are looking for anyway. 

Many on the right defend the Romney plan by noting it would be deficit neutral and replace other anti-poverty programs. The Child Tax Credit, most of the Earned Income Tax Credit, Temporary Assistance for Needy Families, and the state and local tax deduction would all be eliminated in order to pay for the allowance. But there is almost no precedent for such a tradeoff. Just as the idea floated by our colleague Charles Murray that a universal basic income (UBI) would replace all other safety net programs is political pie-in-the-sky, so is the idea that legislators would allow food stamps to disappear when a child allowance is phased in.

Of course, Romney’s proposal did not come out of nowhere. There has been a growing sense on the right that the government is not doing enough to help economically strapped families and that the answer lies in more public benefits and greater government involvement. Whether it’s a UBI, generous paid family leave policies, or more trade protectionism, the center of gravity on the right seems to have shifted away from the free market policies that used to define it. Many social conservatives and economic conservatives used to think free markets were a pro-family policy by giving families more autonomy from government power, ultimately leading to their ability to put more of their own money in their pockets. But no more.

The Trump years were both a cause and effect of this change. The former president’s populist platform needed an intellectual framework to ground it and the folks on the right who were already more populist-leaning saw in these years their chance for political success. And we’re told there’s no going back. In a recent piece at The Federalist, Dave Marcus celebrates the turn of the Republican Party into one that combines the cultural impulses of Pat Buchanan and the economic aspirations of Ross Perot.

His analysis is true even if the celebration is misguided. Aside from a push for deregulation of certain industries and lowering some taxes, the past four years have not brought us the kind of free market reforms that economic conservatives and libertarians have long advocated (though even those reforms seemed to have fueled quite a bit of economic growth before the pandemic, especially for lower-income Americans). Instead, there seems to be a wide-ranging dismissal of these core ideals, with leaders on the right now echoing the liberal claim that the free market serves only wealthy corporate interests without benefiting families. What’s irritating, though, is that many of the best free market ideas for helping working families have not been tried.

What would happen if we actually stopped providing tax incentives for employer-sponsored health insurance? Or if we allowed people to pick less expensive insurance plans that didn’t cover chiropractic bills and dermatology visits but did provide the kind of coverage they were most likely to use and would most likely cause them financial strain if they didn’t have? The annual savings for the average family from this type of policy change would likely surpass any child allowance.

What if we had occupational licensing reforms and allowed people to run small businesses out of their home without fear that the local health department will shut them down? These would give families another path to upward mobility.

What if we stopped making childcare more expensive through government regulations, such as demanding that daycare workers have unnecessary masters degrees and mandating child-to- staff ratios instead of just allowing parents to decide whom they trust with their children?

What if we changed zoning rules so that families could rent out extra rooms in their homes or allowed extended families to more easily live together? What if zoning rules didn’t keep residential properties so far away from commercial properties, in turn requiring that children be driven everywhere?

What if—and here is an idea whose resonance has become even more apparent in recent months—we had real school choice? What if parents didn’t have to worry about buying a more expensive home in order to get their children access to a better school district? Or what if we allowed them to choose a charter school or private school when the public schools in their neighborhood didn’t perform (or even open in person)?

What if instead of continuing to subsidize the bloated higher education industry, we simply offered flexible vouchers to low-income students, letting them spend the money in a way that would allow them to quickly and efficiently gain the job skills they wanted?

Maybe the alliance on the right between social conservatives and free market fans is over. (It is strange to watch social conservatives run into the arms of progressives if they really are concerned about the ability of American families to grow—such a trajectory, according to the left, would only result in environmental destruction and limits on women’s freedom.) Given the political environment, perhaps natalists feel as if they have no choice but to look for other allies. But genuine free market reforms could address poverty and make it easier to raise a family in this country. Just give them a chance.

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Fix Family Poverty With Free Markets, For Once

dpaphotosfour961687

It has been a strange month in the world of family policy. Since Sen. Mitt Romney (R–Utah) floated his child allowance plan, which would replace existing family assistance programs with a monthly payment of $350 for newborns to five year olds and $250 per child for kids between six to 17, the budding alliance between traditional conservatives and left-wing progressives has been startling to watch. The news that New York Times columnist Ezra Klein and our American Enterprise Institute (AEI) colleagues (including Ramesh Ponnuru, Brad Wilcox, and Yuval Levin) have found common ground on this idea is either a sign that great things are about to happen or that things are about to go completely off the rails. We think it’s the latter.

Giving parents money with no strings attached in order to reduce child poverty is an idea that has been tried before. The results are hardly ancient history. These policies became part of the federal government’s scope as a way to support the children of mostly widowed mothers, and successfully prevented severe destitution for many children. But these successes faded in the second half of the 20th century as the programs expanded and societal behaviors around marriage and childbearing began to change. Unconditional cash aid to poor families led to government dependency and non-contributing absent fathers, eventually becoming widely unpopular among policymakers on both the right and the left.

Advocates for a child allowance believe our situation calls for a return to this approach. Some proponents have tried portraying a child allowance as fiscally conservative. But it is hard to understand how the federal government sending monthly checks to almost every child in the country (except the top 5 percent), for a total cost of $229.5 billion per year, is fiscally prudent, even if that spending is replacing other welfare programs. This kind of top-down, redistributive plan seems antithetical to a free market, small government approach.

Even so, some supposed fiscal conservatives remain intrigued by using the federal government’s power of the purse to enact a child allowance in the name of reducing poverty and supporting families. But it is useful to remember that as recently as 1992 almost 5 million, mostly single-mother families were receiving unconditional cash aid from the government, yet 60 percent of children in single parent homes were living in poverty. Even liberal proponents for the poor at the time recognized that the system of unconditional cash payments was harming children by discouraging parental employment and increasing dependency.

The passage of welfare reform in 1996 (along with tax credits that were tied to work) essentially ended the policy of distributing unrestricted cash payments to poor families. Welfare reform required work in exchange for assistance and established federal time limits on benefits. The result was an 18-year decline in the poverty rate for children in single-parent families—a trend that only ended with the Great Recession. In fact, by 2017, the overall child poverty rate declined by more than 40 percent and the gap in child poverty rates by race and ethnicity narrowed substantially.   

Given this history, it is incredible to see folks like Ezra Klein assert that the Romney “proposal would cut child poverty by a third, and the Biden plan by half.” If we are to be unconcerned about returning to the pre-welfare reform days, why not eliminate child poverty altogether by just giving people even more money? The answer is because unconditional cash payments from the government have unintended consequences, and those consequences include reduced employment, more nonmarital childbearing, and ultimately higher poverty rates.

But the child allowance is not really just a plan to end child poverty as we know it. The fact that some proposals want the allowance to top out for single parents making $200,000 a year and married parents making $400,000 a year suggests that this is just as much a plan to simply subsidize child-bearing and rearing. The growing natalist movement on the right—which includes but is not limited to religious conservatives—says that it’s time we do something about declining fertility rates in this country. Some conservatives are even praising proposals from think tanks with socialist ideas.

It’s true that the number of children born in this country has dipped below replacement rate, which could have detrimental effects on both the country’s dynamic economy and culture, especially if policies drive immigration rates lower too. It’s not only that our entitlement programs will collapse under the weight of too many old people and not enough young ones. Business creation will slow too. If we think parents are too averse to letting kids take risks now, just wait until our families shrink even further.

Natalists assume people are not having more children because of financial constraints. They cite the gap between women’s “ideal fertility”—they never ask how many children men want—and the actual number of children they have. Whereas during the 1950s and 1960s many women had more children than they wanted to, now they have fewer. As Lyman Stone (another one of our AEI colleagues) writes, “The share of women precisely achieving their goals has not changed in 40 years. We’ve swapped out unwanted childbearing for missing babies….Given the pent-up demand for childbearing, governments should target policy to address the preferred fertility rate.” Of course, the availability of birth control (and abortion) is the obvious reason that women don’t have more children than they want anymore, but the reasons that they have fewer can hardly be reduced to a simple lack of affordability.

One of the main reasons behind the failure to achieve “ideal fertility” is that women wait longer than years past to marry and have children so that they can pursue education and career goals. Add to that the increasing poor health among prime-age people, and there are simply not as many fertile years left. Another factor involves personal choices when people face economic constraints, a reality that will always exist. Instead of more children, families who already have children might prefer a bigger home or a home in a safer neighborhood with better schools. Perhaps both parents want to pursue a career instead of taking several years away from work (and less income) to raise multiple children. Or it may also simply be that children are a lot of work and parents don’t have the energy for more children. (We say this lovingly, as the mothers of a combined seven.)

A comprehensive review by researchers at the United Nations supports the view that declining fertility is about much more than finances, and that the affordability problems that do exist are not necessarily solved by more money from the government. In fact, there is plenty of evidence from the international context that giving people more money does not reverse fertility declines. The research findings show that across numerous countries that have tried these policies, financial incentives push parents to have children earlier, but don’t reverse overall fertility declines. The policy with the largest impact on completed fertility, meaning the total number of children women have, was actually publicly funded childcare. But that doesn’t mean the U.S. should put every kid in daycare, and that’s hardly the result natalists are looking for anyway. 

Many on the right defend the Romney plan by noting it would be deficit neutral and replace other anti-poverty programs. The Child Tax Credit, most of the Earned Income Tax Credit, Temporary Assistance for Needy Families, and the state and local tax deduction would all be eliminated in order to pay for the allowance. But there is almost no precedent for such a tradeoff. Just as the idea floated by our colleague Charles Murray that a universal basic income (UBI) would replace all other safety net programs is political pie-in-the-sky, so is the idea that legislators would allow food stamps to disappear when a child allowance is phased in.

Of course, Romney’s proposal did not come out of nowhere. There has been a growing sense on the right that the government is not doing enough to help economically strapped families and that the answer lies in more public benefits and greater government involvement. Whether it’s a UBI, generous paid family leave policies, or more trade protectionism, the center of gravity on the right seems to have shifted away from the free market policies that used to define it. Many social conservatives and economic conservatives used to think free markets were a pro-family policy by giving families more autonomy from government power, ultimately leading to their ability to put more of their own money in their pockets. But no more.

The Trump years were both a cause and effect of this change. The former president’s populist platform needed an intellectual framework to ground it and the folks on the right who were already more populist-leaning saw in these years their chance for political success. And we’re told there’s no going back. In a recent piece at The Federalist, Dave Marcus celebrates the turn of the Republican Party into one that combines the cultural impulses of Pat Buchanan and the economic aspirations of Ross Perot.

His analysis is true even if the celebration is misguided. Aside from a push for deregulation of certain industries and lowering some taxes, the past four years have not brought us the kind of free market reforms that economic conservatives and libertarians have long advocated (though even those reforms seemed to have fueled quite a bit of economic growth before the pandemic, especially for lower-income Americans). Instead, there seems to be a wide-ranging dismissal of these core ideals, with leaders on the right now echoing the liberal claim that the free market serves only wealthy corporate interests without benefiting families. What’s irritating, though, is that many of the best free market ideas for helping working families have not been tried.

What would happen if we actually stopped providing tax incentives for employer-sponsored health insurance? Or if we allowed people to pick less expensive insurance plans that didn’t cover chiropractic bills and dermatology visits but did provide the kind of coverage they were most likely to use and would most likely cause them financial strain if they didn’t have? The annual savings for the average family from this type of policy change would likely surpass any child allowance.

What if we had occupational licensing reforms and allowed people to run small businesses out of their home without fear that the local health department will shut them down? These would give families another path to upward mobility.

What if we stopped making childcare more expensive through government regulations, such as demanding that daycare workers have unnecessary masters degrees and mandating child-to- staff ratios instead of just allowing parents to decide whom they trust with their children?

What if we changed zoning rules so that families could rent out extra rooms in their homes or allowed extended families to more easily live together? What if zoning rules didn’t keep residential properties so far away from commercial properties, in turn requiring that children be driven everywhere?

What if—and here is an idea whose resonance has become even more apparent in recent months—we had real school choice? What if parents didn’t have to worry about buying a more expensive home in order to get their children access to a better school district? Or what if we allowed them to choose a charter school or private school when the public schools in their neighborhood didn’t perform (or even open in person)?

What if instead of continuing to subsidize the bloated higher education industry, we simply offered flexible vouchers to low-income students, letting them spend the money in a way that would allow them to quickly and efficiently gain the job skills they wanted?

Maybe the alliance on the right between social conservatives and free market fans is over. (It is strange to watch social conservatives run into the arms of progressives if they really are concerned about the ability of American families to grow—such a trajectory, according to the left, would only result in environmental destruction and limits on women’s freedom.) Given the political environment, perhaps natalists feel as if they have no choice but to look for other allies. But genuine free market reforms could address poverty and make it easier to raise a family in this country. Just give them a chance.

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‘Ghost Gun’ Bans Are Doomed from the Start

polspphotos496686

The problem with imposing legal restrictions intended to stop a practice that is designed to evade legal restrictions is that you were outflanked before you even started. That’s the challenge for President Joe Biden and lawmakers around the country as they consider limits on “ghost guns”—homemade guns that are created, owned, and used off the government’s radar. Do-it-yourself manufacturing has always hobbled authorities’ ability to control things they don’t like, and the modern ghost gun movement specifically evolved to put personal armaments beyond the reach of the state.

“The White House is weighing a number of gun safety proposals as it looks to deliver on President Joe Biden’s campaign promises,” Politico reported this week. “Among the executive actions under consideration by the administration is one that would require buyers of so-called ghost guns — homemade or makeshift firearms that lack serial numbers — to undergo background checks, according to three people who have spoken to the White House about their plans.”

Actually, this is somewhat misleading. Under current federal law (some states have tighter rules) as interpreted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, “[a]n individual may generally make a firearm for personal use. However, individuals engaged in the business of manufacturing firearms for sale or distribution must be licensed by ATF.” Basically, the law already regulates the manufacture of firearms for sale no matter how the gun was created.

Presumably, then, the Biden administration is considering regulating the partial kits that are sold for people to finish and assemble into working firearms. So-called “80 percent receivers” would then be treated as complete firearms—if you could successfully define something that can, with work, be turned into a finished product without also banning materials used in other ways. While we don’t know the administration’s plan, a bill working its way through the Virginia General Assembly specifies, “‘Unfinished frame or receiver’ means a piece of any material that does not constitute the frame or receiver of a firearm, rifle, or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle, or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling, or other means.”

That might successfully target products explicitly marketed as 80 percent receivers, but those are conveniences for use with a jig and a few tools, as then-Reason producer Mark McDaniel detailed in 2018. Going beyond such products threatens to imperil whole aisles at home improvement outlets if the language is rigidly enforced.

“It’s hard to imagine stopping it, short of banning 3D printers or metal pipes,” Slate’s Ari Schneider observed recently of the FGC-9, a semiautomatic weapon that’s the latest brainstorm of DIY gun enthusiasts. “Most of the gun is 3D-printed, while the rest includes inconspicuous parts available at hardware stores,” he noted.

Plans for the FGC-9 are available at the Defcad repository so that anybody can try their hand at creating ghost guns without being limited to the kits that trouble activists lobbying Biden and Virginia legislators. 

That’s the main idea behind the modern ghost gun/DIY firearms movement. It’s not just a hobby, it’s a political movement that Cody Wilson, the inventor of the 3D-printed Liberator single-shot pistol from which the FGC-9 descends, described to Reason in 2018 as “a war on power itself.” Wilson, who has since been sidelined by sexual assault charges, saw his efforts as part of a broader push for personal liberty that also includes Bitcoin and payment systems that enable people to work around centralized authority. He’s now out of the picture, but the Defense Distributed organization he founded continues to manufacture Ghost Gunner CNC machines for finishing 80 percent frames. The larger movement continues through more decentralized outlets.

“All individuals are entitled to the utility to defend their humanity. Gun control has failed. You can’t stop the signal,” boasts the online group Deterrence Dispensed. The group, with members spread around the world, wants to “make it impossible for authorities anywhere to stop people having a gun,” as a 2020 documentary put it. The presumably pseudonymous “J Stark,” interviewed for the documentary, says that people should have access to the same force that’s available to those who rule over them.

The ghost gun movement, then, disobeys intrusive laws and actively works to render government restrictions ineffective. Placing tighter restrictions on 80 percent receivers or other precursor parts for firearms is equivalent to the old Soviet regime trying to shut down the samizdat underground press by regulating copiers; it was an inconvenience, but the publishing network worked around the restrictions.

That the Politico piece goes on to describe gun control activists’ frustration at Biden’s seeming slowness to act may be a sign that the administration is aware that any such efforts are likely to be ineffective. Disappointing supporters is one thing, but officials especially dread being ignored. In recent years, Connecticut’s assault weapon registration requirement drew only about 15 percent compliance, while New York’s similar law stalled at 5 percent. Officials were left looking impotent.

Or perhaps the Biden administration realizes that shifts in the culture have left Americans less receptive to incursions on their self-defense rights. Last year, many people took to the streets to protest against abusive and biased policing, while others were left to defend homes and businesses neglected by overwhelmed law enforcement agencies. Legal gun sales hit an all-time high, according to FBI background check records, as millions of people, many of them Biden voters, grew skeptical of the authorities and took responsibility for their own safety. As a result, “Americans’ appetite for gun control is the lowest it has been since 2016,” Gallup reported in November.

Anti-gun activists clamoring for a crackdown on “ghost guns” will find a rocky reception for their schemes in a population that has become less amenable to disarming itself in deference to the powers that be. And then they’ll discover that firearms activists are way ahead of them and have long planned to render such restrictions toothless.

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‘Ghost Gun’ Bans Are Doomed from the Start

polspphotos496686

The problem with imposing legal restrictions intended to stop a practice that is designed to evade legal restrictions is that you were outflanked before you even started. That’s the challenge for President Joe Biden and lawmakers around the country as they consider limits on “ghost guns”—homemade guns that are created, owned, and used off the government’s radar. Do-it-yourself manufacturing has always hobbled authorities’ ability to control things they don’t like, and the modern ghost gun movement specifically evolved to put personal armaments beyond the reach of the state.

“The White House is weighing a number of gun safety proposals as it looks to deliver on President Joe Biden’s campaign promises,” Politico reported this week. “Among the executive actions under consideration by the administration is one that would require buyers of so-called ghost guns — homemade or makeshift firearms that lack serial numbers — to undergo background checks, according to three people who have spoken to the White House about their plans.”

Actually, this is somewhat misleading. Under current federal law (some states have tighter rules) as interpreted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, “[a]n individual may generally make a firearm for personal use. However, individuals engaged in the business of manufacturing firearms for sale or distribution must be licensed by ATF.” Basically, the law already regulates the manufacture of firearms for sale no matter how the gun was created.

Presumably, then, the Biden administration is considering regulating the partial kits that are sold for people to finish and assemble into working firearms. So-called “80 percent receivers” would then be treated as complete firearms—if you could successfully define something that can, with work, be turned into a finished product without also banning materials used in other ways. While we don’t know the administration’s plan, a bill working its way through the Virginia General Assembly specifies, “‘Unfinished frame or receiver’ means a piece of any material that does not constitute the frame or receiver of a firearm, rifle, or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle, or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling, or other means.”

That might successfully target products explicitly marketed as 80 percent receivers, but those are conveniences for use with a jig and a few tools, as then-Reason producer Mark McDaniel detailed in 2018. Going beyond such products threatens to imperil whole aisles at home improvement outlets if the language is rigidly enforced.

“It’s hard to imagine stopping it, short of banning 3D printers or metal pipes,” Slate’s Ari Schneider observed recently of the FGC-9, a semiautomatic weapon that’s the latest brainstorm of DIY gun enthusiasts. “Most of the gun is 3D-printed, while the rest includes inconspicuous parts available at hardware stores,” he noted.

Plans for the FGC-9 are available at the Defcad repository so that anybody can try their hand at creating ghost guns without being limited to the kits that trouble activists lobbying Biden and Virginia legislators. 

That’s the main idea behind the modern ghost gun/DIY firearms movement. It’s not just a hobby, it’s a political movement that Cody Wilson, the inventor of the 3D-printed Liberator single-shot pistol from which the FGC-9 descends, described to Reason in 2018 as “a war on power itself.” Wilson, who has since been sidelined by sexual assault charges, saw his efforts as part of a broader push for personal liberty that also includes Bitcoin and payment systems that enable people to work around centralized authority. He’s now out of the picture, but the Defense Distributed organization he founded continues to manufacture Ghost Gunner CNC machines for finishing 80 percent frames. The larger movement continues through more decentralized outlets.

“All individuals are entitled to the utility to defend their humanity. Gun control has failed. You can’t stop the signal,” boasts the online group Deterrence Dispensed. The group, with members spread around the world, wants to “make it impossible for authorities anywhere to stop people having a gun,” as a 2020 documentary put it. The presumably pseudonymous “J Stark,” interviewed for the documentary, says that people should have access to the same force that’s available to those who rule over them.

The ghost gun movement, then, disobeys intrusive laws and actively works to render government restrictions ineffective. Placing tighter restrictions on 80 percent receivers or other precursor parts for firearms is equivalent to the old Soviet regime trying to shut down the samizdat underground press by regulating copiers; it was an inconvenience, but the publishing network worked around the restrictions.

That the Politico piece goes on to describe gun control activists’ frustration at Biden’s seeming slowness to act may be a sign that the administration is aware that any such efforts are likely to be ineffective. Disappointing supporters is one thing, but officials especially dread being ignored. In recent years, Connecticut’s assault weapon registration requirement drew only about 15 percent compliance, while New York’s similar law stalled at 5 percent. Officials were left looking impotent.

Or perhaps the Biden administration realizes that shifts in the culture have left Americans less receptive to incursions on their self-defense rights. Last year, many people took to the streets to protest against abusive and biased policing, while others were left to defend homes and businesses neglected by overwhelmed law enforcement agencies. Legal gun sales hit an all-time high, according to FBI background check records, as millions of people, many of them Biden voters, grew skeptical of the authorities and took responsibility for their own safety. As a result, “Americans’ appetite for gun control is the lowest it has been since 2016,” Gallup reported in November.

Anti-gun activists clamoring for a crackdown on “ghost guns” will find a rocky reception for their schemes in a population that has become less amenable to disarming itself in deference to the powers that be. And then they’ll discover that firearms activists are way ahead of them and have long planned to render such restrictions toothless.

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Brickbat: Don’t Take Your Son to Work

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Folk singer Angelo Kelly has been fined 3,000 euros ($3,635 U.S.) after bringing his 4-year-old son on stage to sing a song with him during a concert in Bavaria. A court ruled that violated Germany’s law on child labor, which says children ages 3 to 6 can take part in musical performances but only with official approval and not after 5 p.m.

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Brickbat: Don’t Take Your Son to Work

kidsinging_1161x653

Folk singer Angelo Kelly has been fined 3,000 euros ($3,635 U.S.) after bringing his 4-year-old son on stage to sing a song with him during a concert in Bavaria. A court ruled that violated Germany’s law on child labor, which says children ages 3 to 6 can take part in musical performances but only with official approval and not after 5 p.m.

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Conservationists Pushed Ban on Non-Fatal Rhino Horn Harvesting. Poaching Skyrocketed.

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Today’s environmental activists are so hostile to capitalism that they end up killing animals they want to protect.

Like the African rhinoceros.

Poachers kill them to get their horns, which can sell for as much as $300,000. Poachers mostly sell in China and Vietnam, to people who carve them into ornaments or sell them as aphrodisiacs. By the way: The aphrodisiacs don’t work.

When I started Stossel TV, my first video covered one man’s attempt to reduce rhino poaching by flooding the market with fake horns.

Matthew Markus argued that his 3D printed rhino horn would reduce demand for real horns.

“One way to devalue something is to create a lot of it,” he explained. “When things are abundant, people don’t fight, kill or steal.”

True. Bootleggers and Al Capone’s thugs disappeared when America ended Prohibition.

South Africa, home to the largest number of rhinos, once tried something similar. For 20 years, they allowed people to own rhinos and sell their horns. Rhino farmers put the rhinos to sleep with tranquilizer darts, sawed off their horns (the horns grow back) and sold the horn.

Farmers had an incentive to protect rhinos. South Africa’s rhino population quadrupled.

But in 2009, under pressure from “environmental” groups, South Africa banned sales of horn again.

The sad result: Poaching increased sharply. Poachers also killed park rangers who tried to protect rhinos.

So, I confronted Masha Kalinina of the Humane Society, one of many groups that called Markus’ plan to sell 3D printed horn “greenwashing an illegal activity.”

Kalinina said legalization might increase demand for real rhino horn, as did happen once with elephant tusks.

“It started up a new carving industry in China that had been dormant for decades,” she said.

I pushed back: “It needs to be long enough to bring the prices down, and then people say, ‘Eh, there’s no money in poaching.'”

“The problem is that people still see animals as commodities!” Kalinina responded, “natural resources for their use.”

Well, yes. I do. So what? I eat eggs. Chickens are plentiful because people like me pay for what chickens produce.

Kalinina sneered, “Are we really going to just farm every single animal on this planet so we can endlessly continue supplying this bloodlust and thirst of people to consume wildlife products?”

“Bloodlust?” Give me a break.

Even if you oppose people using animal products, banning sales doesn’t stop the use. It just creates black markets and crime.

Far better is letting rhino farmers trim horns and sell them. Farming gives people incentive to protect rhinos from poachers. That saves both rhinos and human lives.

When I told Kalinina, “your bans have failed… they are cruel to both rhinos and people,” she replied that “education” is the way to stop poaching. The Humane Society runs ads in Vietnam telling people that rhino horns have no medical value. They claim this campaign convinced many people.

“But what good did it do?” I asked. “People are still poaching the rhinos.”

“It takes time,” she replied. “Time for the trickle-down effect.”

It’s nice that the Humane Society tries to convince people not to buy horn, but it’s outrageous that their hatred of capitalism blinds them to better ideas.

“It’s like the drug war,” I point out. “You can ban things, but if there’s money to be made, poachers will kill animals.”

“This is an endless argument,” she replied. “We can’t live in a lawless society.”

But markets are not “lawless.”

Legal rhino farming or selling fake horn, would save endangered animals. But the environmental groups just can’t see that.

Now researchers from the University of Oxford have produced a new form of fake rhino horn that they say would reduce demand for poached horn.

“Environmental” groups oppose that, too.

Fortunately, South Africa wised up. After my video was first broadcast, officials decided to ignore the complaints from the environmental groups. They re-legalized sales of farmed rhino horn.

After that, the killing of rhinos fell dramatically.

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