Archive for the ‘Guns’ Category

Sniper followup.

Sunday, April 7th, 2013

Two points of followup on “The War Within”:

  1. The “This Ain’t Hell” blog has a post up with some good discussion of the article by people who read it before it was pulled, pointing out various bits of bullshit.
  2. Speaking of reading the article before it was pulled, a source who wishes to remain anonymous provided me with a PDF of the original article. (You can also find a PDF attached to the “This Ain’t Hell” post.) Thank you, Anonymous Source! Unless and until I receive a DMCA request, you can find the article here.

Today in journalistic fraud.

Friday, April 5th, 2013

Philadelphia magazine recently ran a story called “The War Within” about John P. Boudreau, a former Marine sniper “who says he’s haunted by his actions in the Middle East”.

Here’s the headline and subhead according to Google:

The War Within: Meet the Sniper Who Killed 2,200 People in Iraq

“killed 2,220 people in Iraq”? Alarm bells ringing yet? Carlos Hathcock, for comparison purposes, had 93 confirmed kills. Chuck Mawhinney is credited with 103: that makes him #1 on the Marine list. Vasily Zaytsev had 242 confirmed kills, and Simo Häyhä 505 with a rifle.

So this guy had about 22 times as many kills as Hathcock and Mawhinney, about nine times as many as Zaytsev, and four times as many as Simo Häyhä, the most bad-ass sniper ever? And nobody raised any questions: like, how did you get to 2,200 kills? After, say, kill #110, or #200, or somewhere long before #2,200, you’d think the Marines would be pulling this guy back to teach at the sniper school in Quantico (or Pendleton, or Lejeune).

So why didn’t they? And why haven’t I linked to the article yet, or even a Google cached version of it, so you can play “spot the problems” along with me?

Yep. It was all a fraud. The magazine, and the writer (a Philadelphia radio host) got suckered by Boudreau:

In a series of conversations on Wednesday and Thursday, Boudreau, who claims a residence in Chester County, acknowledged that much of what he had told Gargano over the preceding several months—information he had also confirmed to Philadelphia magazine’s fact-checker—was either embellished or flat-out fabricated.

The magazine hasn’t even been able to confirm that Boudreau was a Marine. The article has been pulled from their website. (Google returns a search result for the original article, but the article has also been pulled from Google’s cache. Bing seems to have it cached, but I can only read page 1 and the comments.)

I don’t thnk the magazine was acting in bad faith, but it does bring to mind an observation that’s not original to me. I wouldn’t suggest we abandon the all-volunteer military, but back when we had a draft, you could count on the fact that a large percentage of the population – including the guys in the newsroom – had served in the military and could spot military related bullshit when they head it. If we still had a draft, I can imagine a Philadelphia magazine editor telling the writer, “I was in the Marines as a scout sniper myself. I talked to this guy: he doesn’t even know what color the boathouse at Pendleton is.”

Layers of fact checking, indeed.

(Forgot the hattip to Lord Jim.)

“…jackass legislation”

Thursday, April 4th, 2013

I am a great admirer of H.L. Mencken. I have been since I was in high school (mumble mumble) years ago.

But I had not previously encountered this particular essay.

The new law that it advocated, indeed, is one of the most absurd specimens of jackass legislation ever heard of, even in this paradise of legislative donkeyism. Its single and sole effect would be to exaggerate enormously all of the evils it proposes to put down. It would not take pistols out of the hands of rogues and fools; it would simply take them out of the hands of honest men. The gunman today has great advantages everywhere. He has artillery in his pocket, and he may assume that, in the large cities, at least two-thirds of his prospective victims are unarmed. But if the Nation’s proposed law (or amendment) were passed and enforced, he could assume safely that all of them were unarmed.

Also noted:

What would become of the millions of revolvers already in the hands of the American people if not in New York, then at least everywhere else? (I own two and my brother owns at least a dozen, though neither of us has fired one since the close of the Liberty Loan drives.)

I would be very interested in knowing what revolvers Mencken and his brother owned. I’d be even more interested in owning one of Mencken’s revolvers, but I suspect the associational value puts that out of my price range.

(It does not come as a great shock to me that Mencken was pro civil rights: his “A New Constitution for Maryland” included a provision establishing the right to keep and openly carry arms. But encountering an essay of Mencken’s that I haven’t previously read, and is relevant to my interests…that lights up my whole day.)

(Hattip on this one to the amazing Roberta X.)

We were somewhere around Barstow on the edge of the desert when the drugs began to take hold…

Friday, March 29th, 2013

Steven Brooks was arrested last night near Barstow, California.

The arrest followed a high-speed chase that ended when police used spike strips to disable the runaway vehicle in which the driver was throwing metal objects at police, including a handgun, according to the Victorville Daily Press.

Up until Thursday, Mr. Brooks was a member of the Nevada State Assembly (a Democrat, representing District 17, which includes North Las Vegas). He was expelled from office earlier in the day.

Mr. Brooks has had an interesting few months. On January 19th, he was arrested on allegations that he had threatened Assembly Speaker Marilyn Kirkpatrick. The Reno newspaper states that there was “a gun and dozens of rounds of ammunition” in his car; however, no charges have been filed against Mr. Brooks as of this writing.

Mr. Brooks was arrested and charged after an incident in February “after a disturbance at the home of his estranged wife, when police say he tried to grab an officer’s gun”.

He was kicked out of a Reno restaurant, denied a gun purchase and posed bare-chested for a newspaper photographer, allegedly to show bruises and said he suffered while being arrested, though none were clearly visible. A Las Vegas veterans’ advocate said he sold Brooks a bulletproof vest, but didn’t give him night-vision goggles that he sought.

He’s also “been banned from meetings with party colleagues in the Assembly and was banished from the Nevada Legislature Building“.

I don’t know what to make of this: the fact that he hasn’t been charged in the alleged threats against Speaker Kirkpatrick after two months is strange. The domestic violence incident, well, this is why we have a legal system: to sort out conflicting claims. The denial of the gun purchase was probably a result of the domestic violence incident. The rest of his behavior could charitably be described as “eccentric”, but I’m not sure, based on the reporting, that it rises to the level of “danger to himself and others”. There are reports in both articles that Mr. Brooks was under psychiatric observation for a period of time: the Reno paper says his commitment was involuntary.

Leading the police on a high-speed chase and making them use spike strips to stop you? That goes past “eccentric” and into full-on “crazy”. Speaking of crazy:

Authorities said it was unclear why Brooks was in California.

There’s a word for this.

Saturday, March 23rd, 2013

My sister and her family (who I love dearly) gave me this shirt for Christmas.

I was wearing it this afternoon when I went to REI, as I also planned to wear it to the blogmeet as a recognition signal. Anyway, I’m standing in the checkout line at REI, not even thinking about the shirt, when one of the clerks looks at me…

…and says, “Hey! I have that shirt at home!”

Not what I expected at REI, but between that and clerks at B&N who want to discuss how GD dumb the proposed assault weapons ban is, I believe that word is: Winning!

Night thoughts.

Saturday, March 23rd, 2013

Some folks may have noticed that I haven’t been doing as much bread blogging recently. That’s because I haven’t been baking as much bread; I’ve been a little tied up with some family things. Nothing serious, nothing health related, and things are winding down. But it has distracted me a little from the bread machine. I’m going to try to do another one of Laurence Simon’s recipes this week, but I’m not sure which one.

In other news, I’m trying to get back on my bike. I have a Trek 7500 that I bought several years ago, and which sat idle pretty much the entire time I was going to St. Ed’s. I took it in last week and had it cleaned, lubed, and tuned; now I just have a series of petty annoyances I’m working my way through. (I couldn’t find my water bottles, so I bought replacements. You can’t have too many water bottles, anyway. Then I couldn’t find my bike shoes: I can ride the Trek in my normal sort of half-boot half-sneaker shoes, but it isn’t as efficient. REI had some Shimano SH-MT33L shoes on the clearance rack at an incredibly low price, so I grabbed a pair of those.)

(Side note: I bought my bike at Freewheeling Bicycles. Why? Lawrence bought his there. I’m happy I followed his lead. The total bill to get my bike out of hock last week was about $104. That price included $8 for a rear tube, and another $45 for a rear bike rack. I want to start making grocery store trips on the bike, rather than the car, so I bought the rack and plan to sling some panniers over it at some point. Since I bought the bike there, Freewheeling gave me a 25% discount on labor, so the whole thing ended up being much more reasonable than I expected. Consider this an endorsement of Freewheeling.)

(Side note 2: F–k Sun and Ski Sports, the horse they rode in on, and any horse that looks anything like the horse they rode in on.)

As a geek, one of the things I’ve always wanted to when I was riding was to log and track my rides. I have a cheap-ass bike computer with basic functionality: current and average speed, distance on current ride, odometer, and clock. But I’ve always wanted to be able to overlay my ride log onto a map and see where I’ve ridden, as well as getting elevation data. My feeling is that being able to do that gives me a tangible sense of progress, which gives me more motivation to ride. But those capabilities require GPS.

I’m still looking for work so I can’t (and don’t want to) spend $330 on a Garmin Edge 510 or $479 on a Garmin Edge 810. (“Social network sharing”?) If Garmin, or one of my readers sent me one, I’d certainly use it, but I don’t want anyone to do that (even as a birthday present). That kind of money will buy you a decent to nice Smith & Wesson, depending on what part of the country you’re in and what you’re looking at.

Here’s the thing: I’m smart. S-M-R-T. Smart. And not only am I smart, but! I have a smartphone! That has a GPS built in! And that runs apps! And, yes, there are cycling apps available! The big ones on Android seem to be MapMyRide and Strava, but I’ve also seen people say that MyTracks works quite well for cycling applications. And I already have MyTracks installed. And I already take my cellphone with me when I ride anyway, in case of emergency. Now all I have to do is get it properly rigged and I should have almost everything I need. (The last remaining piece is some cycling shorts with pockets. I’ve blown out the waistband on the one pair I have; whenever I put them on, they slide off my ass. This is not good for cycling purposes, or for staying off the sex offender registry purposes.)

(I got into a discussion with a friend of mine about Android/iPhone cycling apps. My friend’s position is that the dedicated cycling computers like the Garmin Edge line are preferable to using your phone for this purpose. His feeling is that running the GPS on the phone and logging data eats battery power, and your phone may run out of juice before you finish the ride. My feeling is: I’m not a high-speed low-drag road biker. I’m usually not out for more than an hour or two. If I start out with a fully charged battery, I feel like I should be able to run MyTracks for at least two hours without worry. We’ll test this theory once I get everything rigged for silent running. If I was doing the kind of thing he talks about doing, such as riding the Great Divide Mountain Bike Route 12 hours a day for ten weeks, I’d reconsider my position.)

Thinking about this some more, I wonder what the market for higher-end bike and running computers like the Garmins is today. Let’s see: I can pay $330 for the Edge 500. Or I can pay $196 for a HTC EVO V 4G Android phone pre-paid (no contract) from Virgin Mobile, get one of those cycling apps, and have two cameras and cell phone service. Or I could buy a cheap-ass used phone with no carrier off of eBay, run the same apps, do everything using WiFi, and not have to worry about breaking my good phone. All cell phones sold in the US are required to connect you with 911 even if you don’t have a service contract, so you’re covered in the event of a real emergency. And if you have a good cell phone you want to take riding with you, mounting brackets are a dime a dozen. Plus, I understand some newer Android phones support ANT+, so you can get cadence sensors and heart-rate monitors that will work directly with Strava or MapMyRide on your phone. No dedicated computer needed, so, again, what’s the market for that $479 Garmin Edge 810? (You can probably even do “social network sharing” from the phone, if that’s your cup of Gatorade.) Yes, you have to purchase the cadence sensor and heart rate monitor separately, but you also have to purchase those separately with the Edge 810: that $479 price does not include either sensor. If you have an iPhone, ANT+ isn’t directly supported, but Garmin will happily sell you an ANT+ adapter for a mere $50, or $40.73 from Amazon..

If any of my readers have experience with cycling apps like the ones I’ve mentioned (or others: I’m still running an Android phone, but iPhone users are welcome too) please feel free to leave a comment, or drop me an email if you’d prefer. Contact information is in the place where it says “Contact”.

Random notes: March 21, 2013.

Thursday, March 21st, 2013

Here’s your obit for Herbert Streicher, aka “Harry Reems”, the male star of “Deep Throat”: NYT. A/V Club.

Leaving alcohol, drugs, and pornography behind for good, Reems settled in Park City, Utah, where he got married, embraced Christianity, built a thriving real estate career, and—with the exception of interviews he did for the 2005 documentary Inside Deep Throat, and a round of interviews to promote its release—he made a concerted effort to stay as far out of the public eye as possible.

Oh, look! New York Governor Andrew Cuomo is re-thinking his hastily passed and poorly thought out gun control measures! It couldn’t have anything to do with his declining popularity, could it?

The gun-control law, approved in January, banned the sale of magazines that hold more than seven rounds of ammunition. But, Mr. Cuomo said Wednesday, seven-round magazines are not widely manufactured. And, although the new gun law provided an exemption for the use of 10-round magazines at firing ranges and competitions, it did not provide a legal way for gun owners to purchase such magazines.
As a result, he said, he and legislative leaders were negotiating language that would continue to allow the sale of magazines holding up to 10 rounds, but still forbid New Yorkers from loading more than 7 rounds into those magazines.

But gun control works!

A 47-year-old psychiatric patient was beaten to death in a locked shower room at Interfaith Medical Center in central Brooklyn late on Tuesday, officials said, and another patient, a 20-year-old, has been charged with second-degree murder in the killing.

I have not had time to go through all of it yet, but the NYT special section on “Museums” looks interesting. Call this a bookmark.

Here’s the LAT‘s second day article on the Bell convictions.

And if the dam breaks open many years too soon
And if there is no room upon the hill
And if your head explodes with dark forebodings too
I’ll see you in the national recording registry

(Also: The Ramones first album! “Einstein on the Beach”! “South Pacific”! “Sounds of Silence”! The “Saturday Night Fever” soundtrack?)

Lying liars who lie.

Monday, March 11th, 2013

Yesterday’s NYT ran an article about conflicted gun owners, “For Some, Owning Guns Doesn’t Necessarily Mean Liking Them“.

The article leads off with Michael Kundu:

Mr. Kundu is a master marksman from rural Washington who owns pistols and assault rifles for self-defense, all while claiming to detest the presence of guns in his life and in the broader American culture.

More:

In Mr. Kundu’s case, the conflict is that he enjoys competitive shooting even as he perceives danger in what he describes as a local arms race that he feels powerless to escape.

I would have gone after this story yesterday, but I didn’t for two reasons. I was out and about much of the day, and Sebastian already did.

You see, there’s no evidence that Kundu is a competitive shooter:

Kundu claims to be a master marksman in Washington State. The governing body for that kind of shooting is the NRA or WSRPA. Most competitive shooters will have match results online somewhere, especially at that level. So I decided I would start digging. If he is truly ranked Master in high-power, someone should have heard of him, or shot with him, and there should be a record. When you do that kind of competition, and are ranked highly, you’ve shot with an awful lot of people in an awful lot of matches. I couldn’t find any match results indicating this guy is a serious competitor, but what I did find destroys the whole NYT narrative.

Yeah, it gets better. Kundu is also involved with the Sea Shepherd people. You know, the anti-whaling activists? The ones that the 9th Circuit Court of Appeals calls “pirates”?

There’s more over at Shall Not Be Questioned, including what it really takes to get a handgun in California. (Hint: it isn’t easier than getting a iPhone, unless you’re a lying liar who lies, like John Flores and Patricia Speed.) I encourage you to go read the whole thing. My hope is that Sebastian has made the NYT public editor aware of Susan Saulny’s dishonesty; not that I think it will matter much, but I haven’t had all hope beaten out of me yet.

All local, all the time.

Thursday, March 7th, 2013

A Round Rock police officer shot himself in the right foot Tuesday. I’ve avoided blogging this until now because the Statesman didn’t have much detail beyond that. But this is interesting:

A Round Rock police officer who accidentally discharged a gun into his right foot Tuesday was attending a workshop to become an instructor for Glock firearms, said Dee Carver, a police spokeswoman.

Also, it gives me an excuse to embed this video, which never gets old:

And the case of the dog with no nose? The ownership question has been resolved:

The dog, a bearded collie that rescuers named “Victory” will remain in the care of Austin Pets Alive which will place it in a foster home.

The Statesman does not report a judicial ruling on the question of “how does it smell?”.

(Previous coverage.)

Random notes: March 4, 2013.

Monday, March 4th, 2013

At various times over the last year, Olbermann and his representatives have expressed interest in his return to the employer that made him famous: ESPN.

The drop in deaths from firearms and in slayings overall — over the past two decades, homicide declined by 80 percent in the District and overall crime fell by 75 percent in New York City — has come even as the economy has tanked, the number of guns owned by Americans has soared and the number of young people in the prime crime demographic has peaked.

Well, you don’t say. More guns. Less crime. And the WP admits it. Interesting.

Time to pick up the phone, folks.

Wednesday, February 27th, 2013

A friend of mine tipped me off to item #35 on the Austin City Council’s agenda for tomorrow night’s meeting:

Approve a resolution signifying the City Council’s intent to endorse efforts to develop a comprehensive approach to reducing gun crime.

You can find the agenda and supporting materials here. “Supporting materials” includes a draft resolution:

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN
That the City Council strongly supports Mayor Lee Leffingwell’s membership in Mayors Against Illegal Guns, endorses the statement and efforts of the organization, and supports President Obama’s effort to develop a comprehensive approach to reducing gun crime.
The Council urges leaders at the state and federal level to enact legislation that requires background checks for all gun sales, provides for prosecution of straw purchasers and gun traffickers, limits the size of ammunition magazines, puts reasonable restrictions on public ownership of military-style guns, and
improves the accuracy and completeness of background check databases to ensure the safety of our citizens.

The only thing on that list that would “ensure the safety of our citizens” is “prosecution of straw purchasers and gun traffickers”. The rest of the council’s proposals are the usual “what you do instead of doing something noise”, and none of those proposals will make the public any safer.

Fortunately, this is just a resolution:

WHEREAS, due to prohibitions in the Texas Local Government Code Austin, unlike cities in other states, must rely on legislative action at the state or federal level to effect changes related to firearm and ammunition sales…

In other words, the city council can’t do anything except pass resolutions. Think they’d like some cheese with that whine?

The listed sponsor is Kathie Tovo, with Laura Morrison and William Spelman listed as co-sponsors. You can find contact information for the council here. My suggestion is: be polite, be professional, and make it clear you have a plan to vote out every single one of the SOBs.

Random notes: February 26, 2013.

Tuesday, February 26th, 2013

Obit watch: C. Everett Koop. (True story: I used to live a stone’s throw away from the DrKoop.com headquarters. I didn’t move; DrKoop.com did.)

The NYT has discovered NFA trusts.

But because of a loophole in federal regulations

Ever notice how the NYT, LAT, and other media outlets refer to things they don’t like as a “loophole”?

…buying restricted firearms through a trust also exempts the trust’s members from requirements that apply to individual buyers, including being fingerprinted, obtaining the approval of a chief local law enforcement officer and undergoing a background check.
Lawyers who handle the trusts and gun owners who have used them say that a majority of customers who buy restricted firearms through trusts do not do so to avoid such requirements. And most gun dealers continue to require background checks for the representative of the trust who picks up the firearm. But not all do.

Frankly, I don’t believe the NYT‘s claims here. I suspect they’re being dishonest with the readers. However, I haven’t looked into NFA trusts; I’m not at the point in my life where I’m ready to purchase automatic weapons. (However, my brother and I had a discussion last night, prompted by the existence of “The Sliencer Store” near the movie theater I went to. A silencer for some of my .22LR guns is becoming more tempting.) Are there any readers out there who know more about NFA trusts and are willing to comment?

The LAT, meanwhile, is pre-occupied with the non-existant “gun show loophole”.

Speaking of movies, I considered live-blogging the Oscars on Sunday, but I figured my live blog would go something like this:

7:30 PM: Ceremony finally starts.
7.45 PM: First call by a celebrity for “reasonable gun control”. Sod this for a game of soldiers, I’m going to bed.

The one nice thing to come out of the Oscars, in my humble opinion, was that “Argo” started playing at the Alamo Drafthouses again, and at reasonable times. I ended up seeing a matinee showing yesterday.

Yes, it is very much a “Hollywood saves the world” movie, as well as a “heroic Federal employees” movie. Yes, “based on a true story” means that some of the facts have been fudged.

And I don’t care: “Argo” is a good story, well acted, well directed, and just the right length. Of the nominees I’ve seen, I liked it more than “Django Unchained” and (sorry, Mom) “Lincoln”. (I still want to see “Zero Dark Thirty”, but haven’t gotten to it yet. The other movie from last year I was excited about and didn’t get to see is “The Master”, which I think is going to have to wait for DVD.)

Halt! Hammer-Zeit!

Monday, February 25th, 2013

…Jones returned to the apartment about 7 p.m. He attacked the resident with a hammer, hitting him several times in the head.
The resident wrapped Jones in a bear hug and the pair fell onto the floor. Jones hit the man with the hammer again. The man choked Jones.

Spoiler: things did not end well for the guy with the hammer. And no guns were involved.

This also gives me a chance to note the arrest of M.C. Hammer, who “became very argumentative” when the police asked him to get out of the car he was driving (“…that had expired registration and that was not registered to him”).

Every time I hear “U Can’t Touch This” on the radio, I want to call the station’s request line and ask them to play Rick James’ “Super Freak”. Then I want to say, “Oh, wait. You just did”, cackle maniacally, and hang up the phone.

Surprise of the day.

Wednesday, February 20th, 2013

The Statesman ran a positive profile of the Austin Sure Shots women’s pistol league.

The Sure Shots, one of the country’s largest and fastest growing pistol clubs for women, started in Austin a little more than two years ago and holds weekly practices at indoor ranges in the Austin area.

More:

A few members have even built AR-15 rifles from scratch, often spending weeks or months painstakingly assembling them. Some are custom painted — bright pink, blue, white — or decorated with hearts or skulls and are instantly recognizable on the range and at competitions.

Take that, Joe Biden, you clueless wart on the ass of the body politic.

“As a society I think we tend to be afraid of things we don’t know,” Sackett said. “Fear of the unknown is age-old and universal. I’m already less afraid because I know how to operate (a gun). Then, rather than the gun having power over you, you have power over the gun.”

And having a gun, and the power over it, is a lot better than pissing or shitting yourself.

(I see why my friend Andrew likes Gutfeld so much: I am so stealing “Guns: it’s like yoga but useful.”)

40% followup.

Tuesday, February 5th, 2013

Previously on WCD, we talked a little about the “40% of all gun sales are done without background checks” figure.

Ted Cruz has pointed out some of the same holes we discussed in those figures, and “Politifact Texas” decided they’d fact check him.

What did they find?

The 40 percent figure originated in a 1997 National Institute of Justice study by researchers Philip Cook of Duke University and Jens Ludwig of the University of Chicago, who examined data from a 1994 telephone survey about gun ownership taken months after the Brady Handgun Violence Prevention Act of 1993 took effect, mandating background checks of individuals buying guns at gun shops.

The law doesn’t apply to private sellers at gun shows, flea markets or people who post firearms for sale on the Internet.

What Politifact means by “people who post firearms for sale on the Internet” is unclear. If they mean people who sell to other people locally, that’s quasi-true. If a firearm – any firearm, rifle, pistol, or shotgun – is being shipped rather than sold face to face, the gun has to be shipped from a licensed dealer to a licensed dealer, and the receiving dealer has to do a background check before turning over the firearm.

Of the 2,568 households surveyed, only 251 people answered the question about the origin of their gun.
In those answers, Cook and Ludwig found that 35.7 percent of respondents reported obtaining their gun from somewhere other than a licensed dealer. (That has been rounded up to 40 percent.)

Rounding does not work that way!

When the Washington Post’s fact-checking project, the Fact Checker, asked Ludwig to revisit the data, the newspaper said, results suggested that purchases without background checks amounted to 14 to 22 percent, not 40 percent.

By the way, Politifact also quotes the Post as pointing out the small sample size means there’s a large margin of error: “plus or minus six percentage points”. So it could be anywhere from 8% to 28%. And by the way…

“…the survey was taken in late 1994, eight months after the Brady law went into effect, and the questions were asked about gun purchases in the previous two years. So some of the answers concerned gun purchases that took place in a pre-Brady environment.”

And more:

For his part, Cook, the other study author, told us he has no idea whether the 40 percent figure remains reliable. “This survey was done almost 20 years ago. … It’s clear there are a lot of transactions that are not through dealers,” Cook said. “How many, we’re not really clear on it. … We would say it’s a very old number.”
Other scholars had similar views.
“I don’t see how anyone could know that number,” said James Jacobs, Center for Research in Crime and Justice at New York University School of Law.

More:

The surveys took place after the law took effect, Cook said, but it’s correct that the vast majority of gun acquisitions identified by respondents took place before then, given that respondents were asked to focus on guns acquired within two years, meaning 1992 and 1993.

And there were 18 states that required background checks prior to Brady. But:

Even so, Cook told us, he and Ludwig did not use information on individual states in doing their analysis. He emailed that “the survey provides an accurate representation of the nation as a whole but not of individual states.” Also, he stressed, the survey had no questions about whether there had been a background check and respondents also weren’t asked the states where they had acquired their guns. He agreed there is “no way to reach any conclusions about background checks for any of the transactions that are reported in the survey.”

So, summing up: the figure was never 40%, but 36% (see, that’s how rounding works), and is probably closer to 20% before the margin of error kicks in, which could make the actual figure anywhere from 8% to 22%. And the survey was conducted in a pre-Brady environment. And the researchers themselves say (again I quote) there is “no way to reach any conclusions about background checks for any of the transactions that are reported in the survey”.

PolitiFact’s rating: “Half True”. I see nothing in their summary that refutes anything Ted Cruz said, or that justifies the “half true” rating.