Heller Respondent Brief, Another Analysis: ...With citations, the brief
runs for 82 pages. With a single exception, it is powerful and
convincing. Unlike the D.C. brief, there is little evidence of
authorship by committee. Its bedrock principle is The Second Amendment
Protects An Individual Right to Keep Ordinary Firearms, Unrelated to
Government Military Service, which it supports with three principles.
* Preambles Cannot Negate Operative Text
* The Second Amendment's Plain Text Secures an Individual Right
* The Framers Secured an Individual Right to Keep and Bear Arms in
Reaction to the British Colonial Experience
http://canticleforleibowitz.blogspot.com/2008/02/heller-good-guys-shoot-back-with-effect.html
---
Bush Assailed On RKBA: ...If you think your Second Amendment rights are
secure, think again. The Bush administration recently appears to be
openly at odds with the Second Amendment on two counts. First, on Jan.
8, President Bush inconspicuously signed the Veterans Disarmament Act
(H.R.2640) sponsored by Rep. Carolyn McCarthy, D-N.Y. This anti-gun
bill, created in the atmosphere of the Virginia Tech massacre (April 16,
2007), is designed to make the screening process much tougher for gun
ownership; a law that is particularly burdensome for our veterans.
Second, last month, Rep. Virgil Goode, R-Va., sent the following letter
to the White House asking the administration to undo the enormous damage
it will potentially cause the Second Amendment with the amicus brief
president Bush's solicitor general filed in support of the D.C. gun ban
case, D.C. v. Heller...
http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=55907
---
Cheney Signs Congressional Heller Brief: Vice President Cheney signed on
to a brief filed by a majority of Congress yesterday that urged the
Supreme Court to uphold a ruling that the District of Columbia's handgun
ban is unconstitutional, breaking with his own administration's official
position. Cheney joined 55 senators and 250 House members in asking the
court to find that the Second Amendment protects an individual's right
to possess firearms and to uphold a lower court's ruling that the D.C.
ban violates that right. That position is at odds with the one put
forward by the administration, which angered gun rights advocates when
it suggested that the justices return the case to lower courts for
further review. In order to make his dramatic break with the
administration, Cheney invoked his rarely used status as part of
Congress, joining the brief as "President of the United States Senate,
Richard B. Cheney." It is a position he has used at times to make the
point that he is sometimes part of the legislative branch and sometimes
part of the executive.
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/08/AR2008020803802.html?hpid=topnews
http://www.startribune.com/nation/15457966.html
---
The NRA Chimes In: The NRA has filed its "friend of the court" brief for
the Supreme Court in the D.C. Gun Ban Case...Our brief lays out three
major arguments: The Second Amendment guarantees (not grants) an
individual right to keep and bear arms; laws infringing on the Second
Amendment should be subject to strict (not merely heightened) scrutiny
or be invalidated; and that the District of Columbia's gun ban is an
unconstitutional infringement of our Second Amendment rights... (The
NRA's support for Heller is welcome but it comes quite late in the game.
Essentially, the NRA made several efforts to derail the original Parker
case for fear that it would not result in a favorable ruling.)
http://www.nranews.com/blogarticle.aspx?blogPostId=362
---
Cops Prepare To Join NRA Brief: IALEFI Members: Your opinion is
requested concerning the case of District of Columbia v. Dick Heller,
currently before the U.S. Supreme Court! As you may know, residents of
the District of Columbia ("the District") have, since 1976, been
prohibited by the District of Columbia's laws from possessing any
handguns not already registered to them prior to 1976 (even unloaded
handguns kept in their homes), and from possessing rifles or shotguns in
a manner capable of being used for self-defense (a rifle or shotgun must
be disassembled or have a trigger lock in place if possessed in the
District, except if you are at a target range). The constitutionality
of the District's laws has been challenged by an individual named Dick
Heller, and the U.S. Court of Appeals has decided in Heller's favor,
finding the District's gun prohibition unconstitutional. The District
has appealed the Court of Appeals decision, and the U.S. Supreme Court
has agreed to hear the case. As often happens in cases involving issues
of wide-ranging public impact such as this, many organizations that are
not parties to the case are filing "amicus curiae" briefs ("amicus
curiae" means "friends of the court") to inform the Supreme Court of
their positions regarding this important issue. IALEFI has been asked
by the NRA to consider joining in the amicus brief being filed on behalf
of ILEETA, the Southern States Police Benevolent Association, 27 Elected
California District Attorneys, the Law Enforcement Alliance of America,
the Texas Police Chiefs Association, the San Francisco Veteran Police
Officers Association, and several other police organizations. The
IALEFI Board of Directors believes we should join with these other
organizations in the amicus brief, in support of the Second Amendment
right to keep and bear arms, which we feel is an individual right that
applies to residents of the District of Columbia, just as it does to
residents of the 50 states. The IALEFI Board of Directors wants to get
feedback on this issue from as many individual IALEFI members as
possible. Please email IALEFI at
[email protected] or call IALEFI
headquarters at 603-524-8787. You only need to say "I agree" or "I
disagree" (that IALEFI should join in the amicus brief), unless you wish
to say more. Please give us your opinion on this as soon as possible.
Thank you! (IALEFI is the International Association of Law Enforcement
Firearms Instructors. Note that call for response from members is
furnished for information, not to encourage non-members to respond.)
---
Heller Briefs Pour In: The battle lines are solidifying in advance of
the historic Supreme Court argument March 18 on the meaning of the
Second Amendment. The first wave of what may be a total of 40 amicus
briefs in favor of gun rights went to the Supreme Court last week in the
case District of Columbia v. Heller. About half that number were filed
last month supporting the District's strict handgun ban. "The Court
didn't want to hear this issue for so long, so it's exciting," says
Fairfax, Va., solo practitioner Stephen Halbrook, who authored a pro-gun
rights brief filed Friday for 55 senators and 250 House members.
Halbrook, a longtime Second Amendment scholar and advocate who has
represented the National Rifle Association in the past, got the
assignment from Sen. Kay Bailey Hutchison (R-Texas). She announced the
brief at a Heritage Foundation speech, where she also offered the Texas
definition of gun control: "using both hands." But the brief does not
rule out all regulation...A group of retired military officers filed a
brief authored by Greenberg Traurig's Robert Charrow. It argues that
bans like the District's hamper the national defense by reducing the
number of recruits who are already familiar with firearms.
Interestingly, it echoes a 2003 pro-affirmative-action brief Charrow
co-wrote, which asserted that the military needs racially diverse recruits.
http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1202211779312&hub=TopStories
---
From The Buckeye Firearms Foundation Brief: The police can never be
everywhere at once, and simple logic dictates that the one best able to
resist criminal attack is the one being attacked. The victim will always
be present at the time of the crime; the police will almost never be
present, serving instead to respond to the crime after it has happened.
The most fundamental rights enshrined in our legal tradition were
summarized as the right to life, liberty and the pursuit of happiness.
Those same rights are meaningless under a framework where random
criminal attack is not only expected but accepted without recourse.
http://www.buckeyefirearms.org/node/5410
---
Heres A Strange One: The American Hunters and Shooters Association
(ASHA) today filed an amicus brief with the Supreme Court of the United
States in support of last year's historic ruling by the US Court of
Appeals For The District of Columbia in Heller v. The District of
Columbia. Joining in that brief are 11 senior and former military
leaders. ASHA believes that the case should be affirmed. Our brief is
unique in two respects: first, it argues that the individual right to
bear arms is essential to the collective interest in a "well regulated
militia." Second, it contends that the DC Gun Law is not authorized
under the DC Home Rule Act, and thereby gives the Court a
non-Constitutional basis to affirm the decision below. (ASHA is a
Trojan-horse organization that purports to represent gun owners who
support "reasonable regulation" of the RKBA.)
http://www.foxbusiness.com/article/dc-gun-law-violates-home-rule-act_472397_1.html
http://www.usnews.com/blogs/washington-whispers/2008/2/8/ex-generals-give-dc-its-guns.html
---
Speculation On Long-Term Effects Of A Favorable Decision In Heller:
Reason's Jacob Sullum provides an interesting set of quotes as various
forces speculate what the outcome will be of the Supremes ruling that
the Second Amendment guarantees and individual RKBA.
http://reason.com/blog/show/124876.html
---
I Thought The Democrats Had Backed Off From "Gun Control": Today,
Senator Edward M. Kennedy and Congressman Xavier Becerra introduced the
National Crime Gun Identification Act of 2007. The measure is
co-sponsored in the Senate by Senators Feinstein, Menendez, Lautenberg,
Durbin, Schumer and Reed. The bill amends the current law by prohibiting
licensed federal firearms dealers from manufacturing, importing, or
transferring certain semi-automatic pistols that are not capable of
micro-stamping ammunition. Micro-stamping ammunition is an important and
effective method of tracing guns, and provides law enforcement with a
much-needed resource in solving crimes. (How can it be called effective
when it's not even in use?)
http://www.allamericanpatriots.com/48742529_kennedy-becerra-introduce-gun-microstamping-legisl
---
Park-Ranger Organizations Oppose End To National-Park Gun Ban: "There is
simply no legitimate or substantive reason for a thoughtful sportsman or
gun owner to carry a loaded gun in a national park unless that park
permits hunting," stated a letter urging senators to vote against the
Coburn amendment. The requirement that guns in parks are unloaded and
put away is a reasonable and limited restriction to facilitate
legitimate purposes - the protection of precious park resources and
safety of visitors." Dated Feb. 1, the letter was sent by the
Association of Na tional Park Rangers of Golden, Colo.; the Coalition of
National Park Service Retirees of Tucson, Ariz.; and U.S. Park Rangers
Lodge, Fraternal Order of Police of Twain Harte, Calif.
http://www.tulsaworld.com/news/article.aspx?articleID=20080207_1_A1_spanc12564
---
Bloggers Jump On BATFE Blooper: Bloggers are raising their voices in
unison calling for punishment for a federal agent who left her gun in a
restroom inside the secured area at Milwaukee's airport. "Using the
agency's own standards, this agent should be headed to the slam," wrote
straightarrow on the blog managed by Ryan Horsley at Red's Trading Post
in Idaho. "Because it was left in a TSA secured area for anyone to pick
up, anyone who found it was a prohibited person due to location," he
said...Continued straightarrow, "No matter whether the firearm gets sent
to the FTB, this officer made a 'willful' illegal transfer of a firearm
to a prohibited person or persons. ... She willfully went to the
restroom, she willfully removed her firearm from her person and she
willfully departed sans firearm. When should we expect the indictment
and the expert government witnesses to tell a judge to trust them, she
is guilty and he doesn't need to know anymore?"
http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=55908
---
Conflicting Bills In Washington State: Two state lawmakers have offered
dramatically different bills dealing with guns on college campuses and
the measures touched off spirited debate Thursday at a Senate committee
hearing in Olympia. The bill offered by Sen. Ed Murray, D-Seattle, would
ban weapons at colleges that host high school students. That would
include community colleges that offer the Running Start program, and
universities when high school students are touring. In response to
Murray's bill, Sen. Pam Roach, R-Auburn, introduced her own bill that
would prohibit universities from banning concealed weapons. Her argument
is that people with permits to carry weapons would make campuses safer.
Most universities now ban weapons on campus, but that is not a state law.
http://www.thenewstribune.com/news/northwest/story/277760.html
---
Bill Would Limit Access To Virginia CHP Data: The public could be
blocked from accessing records of Virginians with permits to carry
concealed handguns under legislation that passed yesterday in the House.
The bill from Delegate Dave Nutter, Montgomery Republican, passed 97-1.
It originally would have exempted a state police database of permit
holders from the Virginia Freedom of Information Act, but allow public
access to the records held at local courts. But the bill was changed
Thursday to allow Circuit Court clerks to release only the names of
permit holders while keeping all other identifying personal information
secret. The Senate has rejected a similar amendment.
http://www.washingtontimes.com/article/20080209/METRO/402760527/1004
---
Meanwhile, In New York...: While the editor of The Post-Star has been
vigorously denying that the daily newspaper had "no intent to publish
the names and towns of gun permit holders", public documents indicate
otherwise...Utilizing FOIL, NCG has obtained copies of The Post-Star's
communications with the county clerk's office and while Tingley and Lee
Enterprises may now in the face of controversy and threats of boycotts
be backpeddling from their original plan, the public documents indicate
that it certainly was their initial intent to create a database on their
website of pistol permit holders and their towns of residence in all
three counties...
http://www.northcountrygazette.org/news/2008/02/07/post_star_progaganda/
---
California Assemblyman Introduces Pro-RKBA Resolution: Assemblyman John
J. Benoit (R-Palm Desert) today introduced Assembly Joint Resolution 46,
a measure to memorialize the State Legislature's support for the Second
Amendment. Benoit's measure lends support to a recent decision by the
U.S. Court of Appeals which struck down a ban on the possession of a
handgun in the home. Benoit is asking citizens to voice their support
for the Second Amendment by mailing letters to the Legislature.
http://republican.assembly.ca.gov/index.asp?RefID=4402&body=Focus
---
Oops, Wrong Store - Updated Version: A southeast Houston business owner
shot and killed a man who tried to run him over outside his office
supply store earlier this week, police said Thursday...The business
owner then told the man to get down and not to get into the truck, but
the man ignored him, he said. Suddenly, "the suspect puts (the truck) in
drive and takes off in the direction of the business owner," Chandler
said. Fearing that the truck would run him over, the business owner
fired his weapon multiple times, striking the suspect in his side, he
said...Under the so-called "Castle Doctrine," Texas law allows citizens
to use deadly force to protect their property. The case will be referred
to the Harris County District Attorney's Office, where it will be
reviewed by a grand jury, Chandler said. (An earlier report claimed that
the business owner had fired through the rear window of the truck.)
http://www.chron.com/disp/story.mpl/front/5524393.html
---
Ohio Student Arrested For Guns, Ammo In Vehicle: Police said Thursday
there is no evidence of a "sinister plot" surrounding a Marietta College
student charged this week after guns and ammunition were found in his
vehicle on campus. Washington County Sheriff Larry Mincks said student
Robert L. Walker II, 22, is continuing to cooperate with detectives and
that he shed some light on why the guns were in his vehicle. "He
basically was having a storage and transportation problem," Mincks said.
"He told us he was keeping (the guns) at a friend's residence. The
friend became concerned about some break-ins in his neighborhood so
(Walker) gathered the guns and ammunition and was going to transport
them to his grandmother's home (in Summit County) at his next opportunity."
http://www.mariettatimes.com/page/content.detail/id/500655.html?pollvote=1#poll33
---
Rule One, Rule Two Reminder: An off-duty cop cleaning his gun
accidentally fired a shot through the floor of his Brooklyn apartment
Thursday, hitting the child of a downstairs neighbor in the arm,
officials said. The 18-month-old boy was grazed by the bullet moments
after he and his mother entered their Mill Basin apartment just after 3
p.m., witnesses said. (Rule One: All firearms are always loaded. Rule
Two: Don't let the muzzle cross anything you're not prepared to shoot.
On most ranges, down is the safest direction but this is the fourth
incident of which I am aware in which someone was shot through the floor
above them. I'll bet $5 that the officer pressed the trigger as part of
the procedure to disassemble a Glock, having failed to verify by sight
and touch that the chamber was empty. I don't really believe the second
account that the pistol fired because it was dropped; I do believe that
the latter will be the official account.)
http://www.nydailynews.com/news/2008/02/08/2008-02-08_cop_cleaning_gun_accidentally_shoots_bro.html
http://www.nypost.com/seven/02082008/news/regionalnews/clumsy_cop_shoots_tot_266373.htm
---
S&W Debuts New Products At SHOT Show: Smith & Wesson Holding Corporation
, parent company of Smith & Wesson Corp., the legendary 156-year old
company in the global business of safety, security, protection and
sport, unveiled 71 new product models and extensions at the 2008
Shooting Hunting and Outdoor Trade (SHOT) Show held in Las Vegas,
Nevada, earlier this week. The new product lineup featured extensions to
the Company's Military & Police (M&P) Pistol and Rifle Series and a
stainless steel variation of the i-Bolt bolt-action rifle. Smith &
Wesson also introduced the new Night Guard Series of revolvers designed
for personal protection as well as a number of new models and extensions
from the Performance Center and Thompson/Center Arms.
http://money.cnn.com/news/newsfeeds/articles/prnewswire/LATH12407022008-1.htm
---
"You'd Have Been Shot In US": A teenager (in Australia) who bungled a
robbery to get money for food would have been shot had he pulled the
same stunt in the US, a judge said yesterday. The Ipswich District Court
was told Sean Phillip Merkle, 17, menaced an Eastern Heights convenience
store worker with a knife and demanded money so he could buy food on
July 23 last year. Prosecutor Ruben Carlos said the worker, in an act of
either bravery or stupidity, challenged Merkle when he produced a 30cm
knife and then chased him down the street and subdued him, with the help
of two members of the public, until police arrived...
http://www.news.com.au/couriermail/story/0,23739,23179571-3102,00.html
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
