Sotomayor Hearings Likely to Focus on RKBA Today: ...Minutes after
Monday's hearing wrapped up, the Senate Judiciary Committee's ranking
Republican, Jeff Sessions, told reporters that the Second Amendment will
be a likely focus when the hearings resume Tuesday. "No surprise
attacks," the Alabama senator cautioned, adding that the judge's record
left him troubled and looking for clarification about her judicial
philosophy. During his opening statement, Sessions said he believes that
the country's judicial system is at a "dangerous crossroads" and called
some of Sotomayor's past statements "shocking and offensive." He said
that her ruling in a weapons case will come under particular scrutiny.
Sandy Froman, a National Rifle Association board member and past NRA
president, is on the GOP witness list for the hearings...
http://www.usnews.com/articles/news/national/2009/07/13/sotomayor-hearings-will-focus-on-gun-rights.html
Ranking Judiciary Committee Republican Jeff Sessions, who will commence
his grilling of Sonia Sotomayor this morning, has a message to his
allies at National Rifle Association: Be afraid, be very afraid. The
NRA's top leaders have kept their powder dry during the run-up to the
hearings, but said they would actively oppose Sotomayor's nomination if
she proves to be "hostile" to Second Amendment rights during the
upcoming question-and-answer period. Sessions, an Alabama Republican, is
urging the the pro-gun rights group to mobilize, saying that the court's
5-to-4 majority stripping DC handgun restrictions in the Heller case is
just to narrow to allow Sotomayor to be nominated without a serious
fight. Speaking of the NRA, Sessions told POLITICO: "They think they
have five votes [on the court], but what if one of 'em gets sick?... I
think they better be afraid. There are four of them who voted against
[the Heller case]." "They have opposed nominees in the past," he added.
A request for comment with the NRA wasn't immediately returned...
http://www.politico.com/blogs/glennthrush/0709/Sessions_to_NRA_Be_afraid_of_Smayor.html
Second Circuit Judge Sonia Sotomayor recently held that the Constitution
does not protect the right to keep and bear arms against infringement by
state and local governments. Her defenders maintain that she was merely
applying settled precedent, which only the Supreme Court itself is
authorized to reconsider. This is a half truth that conceals more than
it reveals... It is not true, however, that Judge Sotomayor was
faithfully following precedent. The Supreme Court has never said that
the Due Process Clause does not "incorporate" the right to keep and bear
arms. That Court has never said that the nineteenth century Privileges
or Immunities Clause cases foreclose due process analysis. Nor has it
ever said that the lower courts are supposed to "wait" for the Supreme
Court to rule on due process incorporation. The Supreme Court's
twentieth century incorporation cases are the most relevant precedents,
and Judge Sotomayor completely ignored them...
http://www.realclearpolitics.com/articles/2009/07/12/sotomayor_and_the_second_amendment_97420.html
Sonia Sotoymayor is seeking to reassure senators that she would not take
any "preconceived notions" about gun rights to the Supreme Court if
confirmed as a justice. The 55-year-old Sotomayor told the Senate
Judiciary Committee Tuesday that "one of my Godchildren is a member of
the NRA. I have friends who hunt." But she also said that as a member of
the high court bench, she would feel constrained by precedent, if the
Supreme Court has already spoken on an issue. The high court earlier
this year reaffirmed the right of people to own a gun for their
self-defense.
http://townhall.com/news/politics-elections/2009/07/14/sotomayor_vows_to_keep_open_mind_in_gun_cases
Tangentially Related: President Barack Obama's opposition as a senator
to two nominees for a federal appellate court could come back to haunt
him if Republicans were to take the same approach to Sonia Sotomayor, a
leading GOP senator warned this morning. Sen. Orrin Hatch (R-Utah), in
his opening statement at Sotomayor's confirmation hearing for the
Supreme Court, cited Obama's opposition to Janice Rogers Brown and
Miguel Estrada when they were nominees for the U.S. Court of Appeals for
the D.C. Circuit. Hatch expressed dismay that the two nominees faced
significant opposition based on their ideology, despite what he
describes as otherwise sterling qualifications. The Senate eventually
confirmed Brown to the D.C. Circuit. It did not confirm Estrada, now a
partner at Gibson, Dunn & Crutcher...
http://legaltimes.typepad.com/blt/2009/07/obamas-opposition-to-appellate-nominees-in-spotlight.html
---
From SAF: The capture of a convicted killer Monday near the Michigan
vacation home of Chicago Mayor Richard Daley proves that guns in the
right hands are necessary for personal safety, the Second Amendment
Foundation said today. "Mayor Daley is protected by an armed guard,"
said SAF founder Alan Gottlieb, "but what about the citizens of his
city, who have no such luxury? The mayor is a world class hypocrite, who
has bodyguards with guns to protect him from escaped killers like
Charles Smith. Yet he is continuing to stubbornly fight against average
citizens who are willing to protect themselves, but unable to because of
Daley's deranged double standard about firearms and personal
protection." The Second Amendment Foundation is challenging Chicago's
handgun ban and the case may be headed for the U.S. Supreme Court...
http://www.saf.org/viewpr-new.asp?id=299
---
Now It's with a Reggae Beat: Ships from Miami steam into Jamaica's main
harbor loaded with TV sets and blue jeans. But some of the most popular
U.S. imports never appear on the manifests: handguns, rifles and bullets
that stoke one of the world's highest murder rates. The numbers are much
lower than that of U.S. guns that end up in the hands of Mexican drug
cartels - Jamaican authorities recover fewer than 1,000 firearms a year.
But of those whose origin can be traced, 80 percent come from the United
States, Jamaican law enforcement officials said. And as the Obama
administration cracks down on smuggling into Mexico, Jamaicans fear even
more firearms will reach the gangs whose turf wars intimidate the island
of 2.8 million people... (And, as in Mexico, it's extremely difficult to
own a handgun legally in Jamaica.)
http://www.washingtontimes.com/news/2009/jul/14/american-guns-used-in-killings/
---
Knife Amendment Still Pending: ... In addition to the response by House
lawmakers, a July 8 amendment by Sen. John Cornyn (R-Texas) and 12
colleagues to the Switchblade Knife Act passed the Senate by unanimous
consent and was approved as part of the DHS Appropriations bill the
Senate passed on July 9. The amendment clarifies the definition of
switchblade knives, effectively nullifying CBP's attempted revocation of
the Bush administration letters. "I'm not sure how Customs will deal
with it internally, but they assure us this takes care of the problem,"
Ritter said. "This carves out another exception that these knives - and
any most typical folding knives - could no longer be considered a
switchblade." The DHS appropriations bill now goes to conference
committee. If the Switchblade Knife Act amendment survives there, the
episode will be over until the next time a federal agency opts for
stealthy action against basic American rights.
http://www.humanevents.com/article.php?id=32698
---
Arizona Governor Signs RKBA Bills: ...Bills dealing with gun rights also
dominated headlines this legislative session. Monday was no different.
Brewer signed into law a proposal [SB 1113] that will allow the state's
125,000 carriers of concealed-weapons permits to bring their firearms
into bars and restaurants. The measure allows bar owners to remain
gun-free by posting signs prohibiting weapons. Permit-holders would be
prohibited from drinking in a bar while carrying their firearms...
Brewer's approval of a second proposal [SB 1168] will prohibit property
and business owners from banning guns from parking areas, so long as the
weapons are kept locked in privately owned vehicles. The law exempts
parking lots that are fenced or guarded, as well as those that provide
secure gun storage... Lastly, Brewer OK'd a proposal [SB 1243] that
allows any individual who feels threatened to indicate that they're
carrying a weapon without violating intimidation statutes. The law only
applies for instances of self-defense. (The effective date for this
year's successful legislation is September 30. As I said months ago, the
country's loss, with the appointment of then-governor Napolitano to head
DHS, is Arizona's gain.)
http://www.azcentral.com/arizonarepublic/news/articles/2009/07/14/20090714bills0714.html
.. Senate Bill 1449 directly impacts the case of Harold Fish, who was
convicted of second-degree murder in the 2004 shooting of a hiker near
Payson. Fish claimed the shooting was self-defense. During Fish's 2006
trial, the state changed its self-defense law to shift the burden of
proof from the defendant (the person claiming to fire in self-defense)
to the prosecution. The new law allows the modified self-defense law to
be applied retroactively to Fish's case, as well as to any others filed
after April 24, 2006, as long as the defendant did not plead guilty or
no contest... (Fish recently had his case sent back by the state supreme
court for retrial.)
http://www.azcentral.com/arizonarepublic/local/articles/2009/07/14/20090714politics-bills0714.html
---
Bill Could End Handgun Sales in New Jersey: Handgun sales and purchases
by New Jersey Retail Dealers are going to virtually end after November
2009. This is because the New Jersey legislature hurriedly passed the
so-called "One Gun a Month" bill (A339), which was known to be seriously
flawed. The defective bill is absurd, as it address a non-existent
problem. No self-respecting gun trafficker would obtain their handguns
by first applying for New Jersey Handguns Permits, paying over $50 in
fees, and insuring that any handgun he sells on the street was papered
to him! Notwithstanding just how idiotic the law is, it awaits the
Governor Corzine's signature and there is no reason to believe he will
veto it... Because the law only exempts transfers between licensed
retail dealers, the one gun per 30 days restriction still applies to
transfers from all others, including wholesale dealers, manufacturers,
distributors and individual sellers. Most firearms sold by Retail
Dealers are obtained from wholesale dealers, distributors and
manufacturers. Many Retail Dealers also buy used firearms from
individuals and resell them. It is rare for a retail dealer to buy from
other Retail Dealers, which is the only exempted class of transfer...
(One could only hope that handgun manufacturers would follow the example
of Robbie Barrett, who refuses to sell his firm's rifles to California
law-enforcement agenices in response to that state's ban on private
ownership of .50-caliber rifles, and refuse to sell handguns to New
Jersey's law-enforcement agencies so long as this law is in existence.)
http://www.ammoland.com/2009/07/13/new-one-gun-a-months-law-ends-handgun-sales-in-nj/
---
Another Tennessee City Maintains Ban on Park Carry: Signal Mountain
becomes the latest municipality to opt out of the state law allowing
guns in parks. Monday night the Town Council unanimously approved a
resolution prohibiting guns in parks. It essentially extends an existing
ban. It's a hot button issue that brought out opinions on both sides...
Athens city leaders also took up guns in parks in a workshop tonight. A
vote is scheduled for next Tuesday during the city council meeting at 6 pm.
http://wdef.com/news/signal_mountain_opts_out_of_allowing_guns_in_parks/07/2009
---
And in Virginia...: After hearing from the county's law enforcement and
prosecuting authorities, the Board of Supervisors' Public Safety/Human
Services Committee voted to forward the change to the county's ordinance
prohibiting gun use in parks to the full board without an additional
clause exempting those acting in self-defense or in the defense of
others. The item, which would change the county's ordinance to fall more
in line with the Virginia State Code, was sent back to the committee by
the board June 16, after Supervisor Eugene Delgaudio (R-Sterling)
suggested an amendment that would exempt those people who are "engaged
in lawful self defense or in the lawful defense of others." At issue are
changes to the ordinance that bars firearms in parks or community
centers. Currently the county ordinance reads that the carrying of guns
in those places is prohibited, but the Virginia State Code does not
allow the county to enact such a restriction. The state code does not
allow localities to "adopt or enforce any ordinance governing the
purchase, possession, transfer, ownership, carrying, storage or
transporting of firearms except for those instances which are expressly
authorized by statute." ...
http://www.leesburg2day.com/articles/2009/07/13/news/fp120zgun071309.txt
---
Oops, Wrong Pizza Men: A Papa John's pizza delivery man shot and wounded
a 17-year-old who called in a pizza order and then robbed him at a
vacant house with a fake handgun, the Lexington County [SC] Sheriff's
Department said. The incident occurred July 5, but deputies delayed
announcing it until Monday - a day after the teen was charged with
robbery, and eight days after the shooting. It was the second time in
recent months that a pizza delivery man in Lexington County has shot
someone trying to rob him. The other incident was March 7, when a Pizza
Hut delivery man shot and killed a 17-year-old assailant who was beating
him. Deputies have arrested three other teens in that Irmo-area
incident. But neither pizza delivery man is facing charges, since
authorities have ruled both shootings were in self-defense. The two
delivery men carried concealed-weapon permits, deputies said...
http://www.thestate.com/local/story/863060.html
---
Security Officer Will Not Be Indicted in Arizona Shooting: A security
guard who shot a suspected shoplifter outside a Circle K store will not
be indicted on any charges directly related to the shooting, an attorney
said Monday. The Pima County Attorney's Office confirmed that it had
reached a decision in the case but declined to say on Monday what the
decision was, saying it could jeopardize another pending matter. Joshua
Kosatschenko was initially arrested on suspicion of attempted
first-degree murder and aggravated assault in connection with the June 3
shooting of 18-year-old Danny Tarango. At the time, Kosatschenko, 19,
was on duty as a contract security guard at a Circle K on South Country
Club Road near East Ajo Way. He said he fired his gun to save the life
of his fellow security guard... In addition to attempted murder,
Kosatschenko was also arrested on suspicion of aggravated assault and
possession of a weapon by a prohibited person. The latter charge is
based on Kosatschenko's rights to carry a gun being revoked as a
juvenile. Despite the revocation, the Arizona Department of Public
Safety granted Kosatschenko a license to work as an armed and unarmed
security guard. The DPS said its background searches only bring up adult
convictions. Kosatschenko still may face charges for being a prohibited
possessor, Roach said...
http://www.azstarnet.com/metro/300807
---
District Attorney Still Weighing New Mexico Shooting: The former Marine
who contends he acted in self-defense when he killed a burglary suspect
was just trying to do the right thing, his wife told News 13 Monday.
Heather Sanchez said she was in shock when she heard about the July 4
shooting. Her husband, Luke Sanchez, was arrested on an open count of
murder and has since bonded out of jail. The shooting ignited a public
debate over whether Sanchez was acting as a vigilante or as a good
citizen who defended himself when one of the burglars attacked him...
The District Attorney Lemuel Martinez said last week he will consider
Sanchez's claim of self-defense but is waiting for the investigation to
be completed before deciding how to proceed with the case.
http://www.krqe.com/dpp/news/crime/crime_krqe_belen_support_for_shooter_humbling_wife_says_200907132128
---
National Matches Open at Camp Perry: If you want to try your hand at
firing the M9 U.S. service pistol or a civilian version of the M-16 U.S.
service rifle, then set your sights on Camp Perry, the Ohio National
Guard Training Base west of Port Clinton. Camp Perry is the home of the
world renowned National Rifle and Pistol Matches, which begin a six-week
stint this week and include special schools to familiarize civilians
with both the M9 and M-16... Overall the National Matches bring more
than 6,000 competitors, team officials, coaches, volunteers and support
personnel to Camp Perry and vicinity from across the continent and
overseas. The matches conclude on August 19th...
http://toledoblade.com/apps/pbcs.dll/article?AID=/20090712/COLUMNIST22/907120365
---
From AzCDL:
Yesterday afternoon (7/13/09), Governor Brewer signed a number of
bills. You can view the final disposition of bills sent to the Governor
here:
http://tinyurl.com/2009GovnrBills .
The following are key pro-rights bills that the Governor signed.
SB 1113, a limited "Restaurant Carry" bill, applicable only to CCW
permit holders.
SB 1168, the "Parking Lot" bill that prevents any private or public
employer, property owner, etc., from banning any person from keeping a
firearm in a locked vehicle in a parking area on the property, with
specific limited exceptions.
SB 1243, the AzCDL-requested bill that clarifies and codifies the
defensive display of a firearm.
SB 1449, which retroactively applies the restoration of the "innocent
until proven guilty" language, that became law in 2006, to cases pending
at the time of passage.
Another bill that quietly worked its way through the Legislature and was
signed on July 10, 2009 by the Governor, was SB 1437, which adds persons
certified by a "national association of firearms owners" (e.g., NRA) to
the list of persons qualified to be an Arizona Gun Safety Program Course
instructor. Currently, instructors may only be certified by the Arizona
Game and Fish Department.
Bills signed by the Governor become effective September 30, 2009.
(
http://www.azleg.gov/GeneralEffectiveDates.asp)
These alerts are a project of the Arizona Citizens Defense League
(AzCDL), an all volunteer, non-profit, non-partisan grassroots
organization. Renew today!
AzCDL - Protecting Your Freedom
http://www.azcdl.org/html/join_us_.html
Copyright � 2009 Arizona Citizens Defense League, Inc., all rights reserved.
(An "Arizona Gun Safety Program Course" is one that has been approved
for students in Arizona's public high schools.)
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
