What Part Of "Shall Not Be Infringed" Don't They Understand?: The
Solicitor General, Paul D. Clement, of the United States is the lawyer
for the Justice Department. On January 11, Clement dropped a bomb
designed to destroy the Second Amendment. The bomb was a friend of the
court brief that is a marvelous work of Newspeak as described by George
Orwell in his novel of a horrifying future where words mean the opposite
of their original definitions....In some thirty pages of flip-flopping
arguments, the Justice Department brief never once considered what the
founders of the American republic might have meant by the phrase "shall
not be infringed." But the Clement brief did criticize the idea that
the Second Amendment was a categorical prohibition on banning guns...
http://www.intellectualconservative.com/2008/02/09/bush-administration-pursues-reasonable-ban-on-guns/
---
Additional Heller Briefs:
A brief on behalf of 126 women state legislators, and several academics,
presents a women's rights perspective on the DC ban on handguns and on
home self-defense with any firearm.
http://volokh.com/posts/1202597488.shtml
A brief for the Cato Institute and legal historian Joyce Malcolm, in the
DC handgun ban case, explicates the English common law roots of the
American right to arms, and the development of that common law right in
America.
http://volokh.com/posts/1202595049.shtml
On behalf of the Second Amendment Foundation, George Mason law professor
Nelson Lund has written a meticulous textual analysis of the Second
Amendment, in the Supreme Court handgun ban case, District of Columbia
v. Heller. In the tightly-written brief, Lund argues that every
permutation of the militia-only interpretation of the Second Amendment
leads to obviously absurd results. (Not only as a practical matter, but
as a matter of textual interpretation.)
http://volokh.com/archives/archive_2008_02_10-2008_02_16.shtml#1202630795
In the Supreme Court handgun ban case, the brief for Jews for the
Preservation of Firearms Ownership presents an argument on a highly
emotional topic in a very sober and solid manner. Gun bans do not always
lead to genocide: Luxembourg bans all guns--and provided the sculpture
of the destroyed revolver with a twisted barrel that now adorns the
plaza outside the United Nations. The gun-hating government of the Duchy
has not attempted genocide against is disarmed subjects. However, as the
JPFO brief shows, governments which do perpetrate genocide do work hard
to disarm the victims beforehand.
http://volokh.com/posts/1202671943.shtml
---
Who Should Own Guns In America?: ...Most experts point to what they
consider to be the ambiguous wording of the Second Amendment, which has
resulted in two opposing interpretations of what it protects:
individual liberties or states' rights. The debate over whether it
protects individual or collective rights to possess firearms intensified
in the second half of the 20th century. But in more than 200 years, the
Supreme Court has rarely addressed the issue. The high court last
looked at the Second Amendment in 1939. But last year, the Supreme Court
accepted a case that deals with the constitutionality of prohibiting
private citizens from keeping guns in their homes. At issue is
Washington, D.C.'s 32 year-old law that bans the possession of firearms
unless they are unloaded, locked or disassembled... (This appears to be
part of a Voice of America series.)
http://www.voanews.com/english/NewsAnalysis/2008-02-08-voa2.cfm
---
No Luck With "Gun Control"? Try Bullet Control: Most politicians learned
a few years ago that talking gun control is a political loser. So, to
fill the vacuum they're talking bullet control. Sen. Reginald Tate
(D-Memphis) and Rep. Larry J. Miller (D-Memphis) have introduced
legislation that would require all handgun and assault weapon ammunition
sold in Tennessee after Jan. 1, 2009, to be coded. The idea, they spell
out in their identical bills, is coded bullets would help police solve
homicides committed with handguns/assault weapons.
http://www.knoxnews.com/news/2008/feb/10/coding-bullets-bills-have-their-flaws/
---
Hawaii Considers Additional Infringements: This testimony is in strong
opposition to HB 2999 relating to firearms. It will be presented before
the Committee on Judiciary and Chair Tommy Waters and Vice Chair
Representative Blake Oshiro on Tuesday, Feb. 12, 2008, at 2:05 p.m. in
the House Conference Room 325. To submit testimony, either Fax 586-9456
or mailto:
[email protected]...
http://www.hawaiireporter.com/story.aspx?3b082726-70c8-448d-9a75-62d2f35f166b
---
North Carolina County Seeks Shooting Limits: As more homes go up in
Lincoln County, elected officials are considering a rule that would
limit shooting within 500 feet of a residence. The ordinance, proposed
last week by county commissioner Marie Moore, would outlaw shooting
within 500 feet of a dwelling. It gives 10 exceptions, including
shooting in self-defense, by law enforcement, for legal hunting, at
dangerous animals, at shooting ranges, for ceremonies and holiday events
and on the shooter's own property.
http://www.charlotte.com/gaston/story/487030.html
---
Oops, Wrong Shopper: ...Calvin Earl Taylor, 23, was shot several times
by 36-year-old Keenan Procter, whom Taylor and Omari Duana Stephens, 24,
allegedly attempted to rob in the 500 block of Gulfgate Center Mall
Wednesday night. Taylor was pronounced dead at the scene. The incident
occurred around 9:55 p.m. when Stephens and Taylor allegedly attempted
to rob Procter in a parking lot, Houston police said. Procter, who has a
valid concealed handgun permit, then fatally shot Taylor, authorities
said. Procter was not injured. Stephens was charged with aggravated
robbery and is currently in Harris County Jail in lieu of $30,000 bail.
The shooting will be referred to a Harris County grand jury. (Grand-jury
hearings appear to be the norm in Texas, giving those who act in
self-defense an official "no bill" ruling.)
http://www.chron.com/disp/story.mpl/metropolitan/5527081.html
---
Oops, Wrong Condo: A downtown Long Beach (CA) resident shot and killed
an alleged intruder Friday after he saw a man attempting to climb into
his condo through a window, authorities said Saturday. Authorities
responded to an incomplete 911 call in a condominium complex on the 200
block of West Seaside Way near The Pike at Rainbow Harbor at about 4:30
p.m., said Long Beach Police Department spokeswoman Nancy Pratt. When
police arrived, they discovered a 21-year-old Long Beach man who had
been fatally shot...In a stretch of units where residents said the
shooting possibly occurred, a window of one of the first floor condos
had an unusual "No Trespassing" sign: "No Trespassing. Violators Will Be
Shot. Survivors Will Be Shot Again." (Cute signs may harm you in the
long run.)
http://www.presstelegram.com/breakingnews/ci_8218162
http://www.knbc.com/news/15265388/detail.html
---
Australian Charged For Shooting Burglar: A 52-year old man from
Adelaide's northern suburbs has been charged after shooting a man who
was allegedly trying to break into his home in the early hours of this
morning. Police said the incident occurred in Eversley Avenue at Enfield
about 2.40am (CDT) when the homeowner confronted a man allegedly
breaking into his home via the back door...The homeowner was this
morning charged with aggravated cause serious harm and firearms offences
and has been bailed to appear in court at a later date.
http://www.news.com.au/couriermail/story/0,23739,23189390-5003402,00.html
---
From AzCDL:
We have a number of bills being heard in committees next week. These
don't need a "cut-and-paste" onslaught, but we can't afford to be silent
either. If we are silent on bills, "squishy" potential supporters might
think it's OK to vote against them. When it doubt - send a letter out.
Please take the time to send a polite note to the committee members, and
let them know that you want them to vote these bills out of committee
with a recommendation for passage by the full House or Senate (depending
on the bill). Talking points are included with the status and
description of each bill. Following each bill are the email address
lists of the committee members in both semi-colon and comma separated
formats. Use the one that is compatible with your email software.
Please be sure to include your name, address, and phone number in all
correspondence.
SB 1070 will be heard in the Senate Judiciary Committee on Monday,
February 11, 2008.
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1070 .
SB 1070 is an AzCDL requested bill that proposes changes to ARS 13-3112
regarding the process for obtaining a concealed weapons permit.
It provides that if an applicant has ever satisfactorily completed the
required firearms safety training, they have met the training
requirement for a permit. Current law (ARS 13-3112.E.6) does not place
any time limit on when a person must complete training. However, the
Department of Public Safety (DPS) has established arbitrary dates for
training validation. In 2007 DPS stated that training must occur within
12 months of an application (Administrative Rule R13-9-202.2.a). Prior
to 2007, DPS set this period to be only 6 months. Once a person has
obtained a permit, the initial training is good as long as a permit
holder submits timely renewals (ARS 13-3112.L). The proposed language
recognizes that the training has no expiration date, and aligns the
initial permit requirements with the permit renewal requirements.
It removes the restriction that instructors must create, or be part of,
a training organization (ARS 13-3112.O). This eliminates an artificial
restriction on instructors and should result in an increase in available
training.
It codifies DPS Administrative Rule R13-9-307 that National Rifle
Association (NRA) certified instructors meet the eligibility
requirements for DPS certification. It allows that training can be
conducted by NRA certified pistol or personal protection instructors as
well as DPS certified instructors (ARS 13-3112.O.4).
The proposed legislation makes it easier for lawful gun owners who have
satisfactorily completed training to obtain a permit, or renew an
expired one. It also assists those wishing to obtain a permit by
removing the statutory barrier requiring instructors to create a
training organization, and expands the pool of available instructors to
automatically include certain NRA certified instructors passing the
required background investigation.
List of members' email addresses:
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
The following bills will be heard in the House Judiciary Committee on
Thursday, February 14, 2008.
HB 2389 -
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=HB2389 .
This is an AzCDL requested bill that removes the reference to vehicles
in ARS 13-3102 (misconduct involving weapons). It was scheduled for a
hearing on February 7, 2008, but was held by the Committee Chairman,
Representative Eddie Farnsworth, after a number of committee members
left the hearing to attend to other matters.
Current law (ARS 13-3102.F) states that, without a concealed weapons
(CCW) permit, it is permissible to carry a weapon or weapons "...in a
case, holster, scabbard, pack or luggage that is carried within a means
of transportation or within a storage compartment, map pocket, trunk or
glove compartment of a means of transportation."
Unfortunately, in 1994 an Arizona Appellate court decision (State v.
Adams, 189 Ariz. 235, 941 P.2d) determined that "within a means of
transportation" meant it must be obvious under ordinary observation to
someone outside the vehicle that there is a weapon inside the vehicle.
This created conflicts interpreting the statute. As a result:
� Wearing a holstered firearm within a vehicle is the same as
concealed carry, requiring a CCW permit. But, that same holstered
firearm in a map pocket, trunk or glove compartment, accessible by a
vehicle's occupants, does not require a CCW permit.
� Possessing a concealed weapons permit and a concealed weapon
puts other occupants in the vehicle, who do not possess a CCW permit, at
risk of arrest because of their proximity to your firearm. Yet, if that
same weapon were in a map pocket, trunk, or glove compartment accessible
by all the vehicle's occupants, no crime is committed.
The proposed language clarifies that it permissible to carry a weapon,
visibly or concealed, anywhere within a means of transportation.
HB 2630 -
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=HB2630 .
This is an AzCDL requested bill. It reduces the penalty for carrying a
concealed weapon without a permit to a petty offense, except in the
commission of a crime. The governor vetoed a bill with the same
language last year, but we're not going to roll over. HB 2630 was filed
with 21 co-sponsors.
Under current law, if you have not been issued a concealed weapons (CCW)
permit, it is a class 1 misdemeanor to carry a concealed weapon.
Everyone is treated like a hardened criminal. Sadly, because of a
couple of 1994 Appellate Court decisions:
� There is no clear, objective standard in statute that you can
rely on to determine if you are violating the law.
� If a casual observer cannot easily see your firearm, you are
carrying concealed and could be arrested.
� Wearing a gun in a vehicle = concealed carry. Without a permit
you are subject to arrest.
� Having a CCW permit and wearing a gun in a vehicle puts your
non-CCW permit passengers at risk for being arrested for carrying
concealed without a permit.
HB 2630 separates the innocent mistake by otherwise law-abiding citizens
from the cold-blooded actions of hardcore criminals. HB 2630 even adds
the "attempted commission of a serious offense" language to the law, to
assist law enforcement in arresting the bad guys.
HB 2628 -
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=HB2628 .
On the surface, this bill appears to add language dealing with illegal
immigrants as prohibited possessors. However, the sponsor,
Representative Russell Pearce, added a number of provisions beneficial
to CCW permit holders, by changing ARS 13-3102 and adding a new ARS 13-3114.
HB 2628 redefines ARS 13-3102.F, pertaining to open carry, by removing
the "belt holster" language and clarifying that if any portion of a
weapon or holster is visible, the weapon cannot be considered
"concealed." This is similar to the language in HB 2222. The current
law has several problems. First, open carry is limited in statute to a
belt holster, and the holster, NOT the weapon, must be "wholly or
partially visible." HB 2628 specifies that either the weapon or the
holster can be visible, and removes the "belt holster" restriction.
Another problem is the interpretation of the "wholly or partially
visible" language in ARS 13-3102.F by a 1994 Appellate court decision,
which held it has to be obvious to ordinary observation that you're
carrying a weapon. HB 2628 replaces the "wholly or partially visible"
language, and refers to "any portion" of a weapon or holster being visible.
HB 2628 removes the prohibition (ARS 13-3102.A.10) for CCW permit
holders to carry in public establishments except for places like jails,
police stations, court houses, where prohibited by Federal law, etc.
(ARS 31-3114).
HB 2628 permits CCW permit holders to carry in polling places (ARS
13-3102.A.11).
HB 2628 permits CCW permit holders to carry on school grounds (ARS
13-3102.A.12). Federal law (18 USC � 922(q)(2)(B)(ii)) already provides
an exception, for CCW permit holders, on the restriction regarding the
possession firearms on school property. This is similar to the language
in SB 1214.
HB 2628 permits CCW permit holders to carry in places that serve
alcohol, providing they do not consume any alcohol (ARS 13-3114.B.4).
This language is much broader than the language in SB 1132.
HB 2628 has 17 co-sponsors. One of the co-sponsors is Eddie Farnsworth,
the Chairman of the House Judiciary Committee. However it has a number
of hot-button issues, like "school carry" and "restaurant carry."
List of members' email addresses:
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Stay tuned! As relevant legislation is introduced and progresses, we
will keep you up to date via these Alerts:
http://groups.yahoo.com/group/AZCDL_Alerts/
These alerts are a project of the Arizona Citizens Defense League
(AzCDL), an all volunteer, non-profit, non-partisan grassroots
organization. Join today!
AzCDL - Protecting Your Freedom
http://www.azcdl.org/html/join_us_.html
Copyright � 2008 Arizona Citizens Defense League, Inc., all rights
reserved.
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
