Heller Raises Far-Reaching Questions: ...Accordingly, the Supreme Court
appears poised to rule that the Second Amendment protects a private
right to possess and use firearms. In doing so, it will raise a host of
new questions, including: What counts as a protected "Arm?" To whom may
government deny the right to possess and use firearms? What standard of
judicial scrutiny applies to laws burdening that right? Does the right
afford the same protection against regulation or prohibition by the
states as it affords against regulation or prohibition by the federal
government? Chief Justice Roberts frequently espouses a form of
methodological conservatism under which, he suggests, the Supreme Court
should eschew broad decisions, instead sticking narrowly to the facts of
each case before it. He made the same suggestion during last week's oral
argument. Resisting Solicitor General Paul Clement's argument for a
"reasonableness" standard for evaluating firearms restrictions, the
Chief Justice suggested, instead, that the case could be resolved
without deciding upon any general standard and without addressing the
broader implications of the decision...
http://writ.news.findlaw.com/dorf/20080324.html
---
Ah, Those NRA Safety Rules...: ...The two justices seemed to be implying
that trigger locks eliminate the possibility of a firearm being used for
self-defense. More disturbingly, they seemed to suggest that keeping
firearms loaded and unsecured in the home was the most prudent storage
practice. Also embracing this view was Justice Samuel Alito, who stated
that D.C.'s firearm storage provisions could not survive "under any
standard of review." A quick look at the NRA's Gun Safety Rules webpage
reveals just how far out of the mainstream these justices are. One of
the NRA's "fundamental" rules for safe gun handling is "ALWAYS keep the
gun unloaded until ready to use." The NRA also tells gun owners to
always "store guns so they are not accessible to unauthorized persons,"
noting that "dozens of gun storage devices, as well as locking devices
that attach directly to the gun, are available." In a "Parents Guide to
Gun Safety," the NRA also points out the potential dangers to children,
stating "a parent must, in every case, assess the exposure of the
firearm and absolutely ensure that it is inaccessible to a child."
http://www.huffingtonpost.com/josh-horwitz/the-matter-of-nonfuncti_b_92993.html
---
Did Gura Foul Up?: In a "move that surprised some observers," the
Chicago Tribune reported Wednesday, attorney Alan Gura, appearing before
the U.S. Supreme Court on behalf of the federal guard who sued the
District of Columbia in 2003, claiming he feels unsafe because he's not
allowed to keep his guns at home, "appeared to concede large chunks of
his argument, moving away from an absolutist position on gun rights."
"He concurred, at one point, with Justice Stephen Breyer that a ban on
machine guns or plastic guns" (whatever those are) "would be
constitutional because those weren't the kind of arms normally carried
by members of state militias in the early days of the United States."
Was it a failure of nerve under pressure, or did somebody get to this guy?
http://www.lvrj.com/opinion/16936861.html
---
Good Commentary - from Massachusetts: ...The Bill of Rights was not
written to grant rights to military forces. It was written to preserve
rights and liberties of the American civilian/citizen. Back in the day,
if you owned a firearm to protect your home and family against
unfriendly attacks from man or beast or to procure meat for the table,
you were considered a member of the militia. You were a "minuteman" who
could be called upon in a minute to use your firearm to defend your
country. If you examine the wording further, it says, "right of the
people." It doesn't say right of the soldier, enlisted man or army...If
the anti-gun clowns believe that the Second Amendment is a collective
right that only pertains to the military, then Freedom of Speech, The
Press, Religion, etc., must also pertain only to the military...
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20080323/SPORTS/803230375
---
Philadelphia Politicians Want Democratic Candidates to State Anti-RKBA
Positions: Philadelphia's Democratic leaders say they'll press Sens.
Hillary Rodham Clinton and Barack Obama to back stricter gun laws,
despite the risk of angering voters throughout the rest of Pennsylvania
and possibly damaging the party's nominee in the general
election...Democratic ward leader Ralph Wynder, who is supporting Mr.
Obama, said the candidates should address the pressing issues, but
conceded that backing Philadelphia's push for tougher gun laws would be
"political suicide."
http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20080324/NATION/143263249/1001
---
It's All Pennsylvania's Fault: When Trenton crack dealer Sean Hagins
spotted the Pennsylvania tags and NRA sticker on a customer's pickup, he
saw opportunity. Hagins had been dealing drugs for years, was an
ex-felon with a history of psychiatric problems; he could not buy guns
himself. The customer, David Downs, had a nasty crack habit and had been
laid off from a Bensalem belt factory. Downs told a jury at the federal
courthouse in Philadelphia that Hagins spotted the sticker on his truck
and asked him if he could help him get some guns in Pennsylvania - where
they're far easier to buy than in New Jersey. "I told him yes," Downs
testified last month...
http://www.philly.com/inquirer/front_page/20080323_Pa__a_favored_source_for_gun_traffickers.html
---
Should You Know Who Owns a Pistol?: If your neighbor has the right to
own a pistol, should you have the right to know he does? Should that
neighbor have a right to know about your pistol, if it's licensed and
legal? That's the debate now playing across New York, touched off by an
Albany-area newspaper's Freedom of Information Law request for a list of
pistol-permit-holders in a three-county region with a total population
similar to that of Broome, Tioga, Chenango and Delaware counties. The
question is the modern-day equivalent of "Do I have the right (freedom
of speech) to yell 'Fire!' in a crowded theater, if I could cause a
stampede that might harm others?"
http://www.pressconnects.com/apps/pbcs.dll/article?AID=2008803230338
---
South Carolina May Make CWP Information Confidential: South Carolina is
poised to become the 28th state to keep secret the list of residents
allowed to carry concealed weapons, a move favored by gun owners but
opposed by advocates of open government. South Carolina is among six
states with legislation pending that would close the information to
public scrutiny, according to the National Rifle Association, which has
advocated the measures that represent a battle between privacy and
principle...
http://www.charlotte.com/205/story/549532.html
---
First Ohio CHL's Up for Renewal: If you were one of the hundreds of area
residents who rushed out to get your concealed carry license when it
first became available, it's time to renew. Marion County Sheriff Tim
Bailey said the four-year permits first issued in April, 2004, will soon
expire and reminds residents that carrying a concealed weapon without a
license is a crime. "Four years have passed and it's time to renew," he
said, noting his office issued 299 licenses the first year they were
available. "You're violating the law by carrying a concealed weapon
(without a license) and you're subject to arrest and prosecution."
http://www.centralohio.com/apps/pbcs.dll/article?AID=/BE/20080323/NEWS01/803230326/1002
---
Oops, Wrong Party: A 19-year-old Pueblo West (CO) man was shot to death
at a duplex early Sunday in The Blocks neighborhood. Investigators said
the shooter acted in self-defense and have found preliminary evidence to
support his claim...Sgt. Eric Bravo of the Pueblo Police Department's
Crimes Against Persons unit said Sandoval was hosting a small party when
four men arrived and "badly" assaulted him. A relative of Sandoval's
girlfriend invited the men there, he said. The men left the party and
later returned. One of the men again confronted Sandoval, who then drew
a 9mm Glock handgun and shot the victim four times in the chest and once
in the hip, Bravo said.
http://www.chieftain.com/metro/1206338400/4
---
Gun Statistics You Seldom See: ...It happened earlier this month in
Irvine. Police were looking for a man suspected of raping an 18-year-old
woman in her home. As the cops searched, the fleeing suspect, a
27-year-old L.A. gang member, tried to hide by breaking into another
home. Inside, the homeowner, a man who had recently undergone defensive
firearms training, heard the commotion, grabbed a handgun and confronted
the suspect. The homeowner didn't shoot the alleged rapist, although
legally he almost certainly could have. If someone breaks into your
home, and you have a justifiable fear that he might kill or harm you or
someone else, you have a right to defend yourself with lethal force...
http://www.ocregister.com/articles/gun-homeowner-year-2003954-police-irvine
---
Arizona Candidates Compete for Gun-Friendly Title: Two candidates. One
handgun. Who owns it? Democratic Rep. Gabrielle Giffords or her
Republican challenger Tim Bee, president of the state Senate? The answer
is Giffords, who owns a 9mm Glock - which she says she keeps locked away
in her Tucson home. Bee, father of six young children, doesn't have a
gun in his home but says he has a rifle, which he doesn't use, locked
away at his parents' house. Nevertheless, these two candidates - headed
into a closely watched campaign - are in a virtual shootout over who is
the more gun-friendly...
http://www.azstarnet.com/metro/231058
---
Rule Three Reminder: A US Airways pilot's gun accidentally discharged
during a flight from Denver to Charlotte Saturday, according to a
statement released by the airline. The statement said the discharge
happened on Flight 1536, which left Denver at approximately 6:45 a.m.
and arrived in Charlotte at approximately 11:51 a.m. The Airbus A319
plane landed safely and none of the flight's 124 passengers or five crew
members was injured, according to the statement. It was a full flight.
An airline spokeswoman said the plane has been taken out of service to
make sure it is safe to return to flight. (Rule Three: Keep your finger
out of the trigger guard, up on the frame, until your sights are on the
target and you're prepared to fire.)
http://www.wcnc.com/news/topstories/stories/wcnc-032308-sjf-gunonplane.1c4cabd1.html
Rule Three Reminder, Part 2: A police dispatcher is under investigation
after she told a man who called to report he found a military rocket
launcher to call a non-emergency number and "that's only going to blow
up if you pull the trigger."
http://www.azdailysun.com/articles/2008/03/23/news/state/20080323_arizona_news_80.txt
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
