Law Article Argues RKBA Only Applies at Home: ... None of this analysis
applies to guns. Possessing guns is traditionally legal. Guns do serve
the self-defense value that the Court has found to be embodied in the
Second Amendment. And, Heller held, ordinary guns are at the core of
"arms," not on the margin. Even carrying guns in public places is
traditionally legal (though often with license requirements), and serves
the constitutional value of armed self-defense. But I need not rely on
that: The premise of the Court's obscenity decisions is that obscenity
lacks constitutional value without regard to the place in which it may
be present, though it may not be suppressed via intrusions into the
home. That premise does not extend to private gun ownership under
Heller. And naturally Guns as Smut's unsound premise leads to unsound
results. If guns were really like obscenity, the government would be
free to ban the buying of guns and not just their public possession.
Guns as Smut's conclusion indeed suggests that it "remain[s] unresolved"
whether the government could "so restrict[] the commercial availability
of guns that only guns in situ in the home, or those made by
enterprising amateur gunsmiths, would be beyond regulation"; the
Article's interpretation of Heller "will not, and cannot, provide [an]
answer[]" to that question... (Dick Heller's acquiescence to DC's
licensing scheme may have been disconcerting but at least Heller seems
to be moving us away from the militia argument to whether the RKBA
extends to carry outside the home.)
http://volokh.com/2009/10/28/guns-as-smut-defending-the-home-bound-second-amendment/
http://sentencing.typepad.com/sentencing_law_and_policy/2009/10/interesting-debate-over-guns-as-smut-thanks-to-columbia-law-review.html
---
National Park Ban Ends in February: In late February, the new law goes
into effect which lifts the gun ban in our National Parks. An article in
the Yellowstone Insider complains that it won't be just concealed carry
permit holders who will have the right to armed self-defense restored.
"Whether by design or accident, it removes concealed-carry provisions
from the mix and basically allows state gun laws to take precedence in
any National Park." This is billed as an "unintended effect" by the
Insider because as their source material from the Jackson Hole News &
Guide points out, "when U.S. Sen. Tom Coburn, R-Okla., attached a rider
to a credit card reform bill earlier this year, almost all reports
indicated it applied to concealed weapons only." Both sources then go on
to purport that the whole change was little more than bait & switch and
insinuate that there was dishonesty on the part of gun rights groups.
Closer to the truth is that once again the media got the facts wrong and
since they all source each other the misconception spread... (The ban
ends on February 22, 2010.)
http://www.examiner.com/examiner/x-2206-Cleveland-Gun-Rights-Examiner~y2009m10d28-Tears-flow-from-gun-control-advocates-as-the-end-of-the-National-Parks-gun-ban-draws-closer
---
Federal Court Rejects Felon's Appeal: A federal court on Tuesday
rejected an appeal by a Hurricane [UT] man who said he should have been
allowed to argue to a jury that his illegal possession of a gun was
justified. Danny Dutton, 24, contended that he began receiving threats
the day after he shot and killed a violent intruder at his apartment.
Because of a 2004 felony conviction for cultivating marijuana, Dutton is
prohibited from possessing firearms. He argued, though, that his only
realistic option was to carry a gun to protect himself. But the 10th
U.S. Circuit Court of Appeals said the threats weren't severe enough to
instruct a jury on justification. That ruling upholds Dutton's
conviction and the 37-month sentence he is serving...
http://www.sltrib.com/sports/ci_13652706
http://www.deseretnews.com/article/705339965/Court-upholds-gunmans-conviction.html
.. Being beaten with a metal pipe in your own apartment can change your
outlook on likely threat levels. But the police, a U.S. District Court
and the Tenth Circuit Court of Appeals, all of which operate under
protection of state-deployed arms, disagreed, and in their guarded
wisdom concluded Mr. Dutton did not possess a life worthy of also
possessing the means of self-defense...
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m10d28-Court-says-threats-dont-justify-felon-having-gun
---
New Jersey Court - No Right to Buy Handgun: ...In a case decided last
week, the superior court upheld a state law saying that nobody may
possess "any handgun" without obtaining law enforcement approval and
permission in advance... But New Jersey Appellate Division Judge Stephen
Skillman wrote on behalf of a unanimous three-judge panel that Heller
"has no impact upon the constitutionality of" the state law. That's
because, Skillman said, the Supreme Court did not strike down the
District of Columbia's de facto handgun ban but instead simply ordered
the city to issue a permit. In other words, while Americans may have the
right in general to possess arms, the exact contours of that right have
not been mapped, especially as the Second Amendment applies to state
laws. (The court's majority opinion last year said: "We therefore assume
that petitioners' issuance of a license will satisfy respondent's prayer
for relief and do not address the licensing requirement.") ...
http://www.cbsnews.com/blogs/2009/10/28/taking_liberties/entry5440647.shtml
---
Alaska Lacks RKBA Restoration for Non-Violent Felons: ... But the felony
conviction also does something else. It takes away Masek's gun rights,
likely forever. This is a woman convicted of a non-violent offense. A
woman who grew up in the Interior village of Anvik and who finished the
Iditarod four times. Now she's a member of the tiny club of Alaska
politicians who got caught in the FBI dragnet. She's also in a much
larger club: the growing number of people whose Second Amendment rights
have been extinguished by a government that has no intention of giving
them back. "The tragic thing is, under state law you can possess a
firearm as long as it can't be concealed, so you can have a long rifle
or shotgun," says federal public defender Richard Curtner, the attorney
who represented Masek and had to explain this part of the law to her.
"Having a firearm in rural Alaska is a necessity, not just for food, but
for protection when you are traveling in the field." ... (Arizona
affords restoration of rights to non-violent felons but NICS still
treats them as prohibited possessors.)
http://www.anchoragepress.com/articles/2009/10/28/news/doc4ae8ef2eda2fe382581644.txt
---
Tennessee AG Rules against Renters: A landlord can legally prohibit
tenants who hold handgun carry permits from bringing their weapons into
a rented apartment, according to an opinion from Attorney General Bob
Cooper that was released today. The opinion came in response to a
request from state Rep. Tony Shipley, R-Kingsport, who said he had
thought the answer would have been to the contrary. Shipley said the
question was raised by an adult University of Tennessee student who had
been prohibited from having a firearm in his rented Knoxville
apartment... Shipley said the Fourth Amendment to the U.S. Constitution
would apply to someone living in an apartment to prevent law enforcement
officers from entering without a search warrant. "If the Fourth
Amendment applies, why doesn't the Second Amendment apply?" he said.
"Can a landlord say you give up free speech, under the First Amendment,
in the apartment? I think not." ...
http://www.knoxnews.com/news/2009/oct/28/tennessee-ag-says-landlords-can-ban-tenants-guns/
---
Gun-Show Slur in Virginia Election: With just days to go before the
election, Virginia Democrats are getting desperate. In the race to
become the commonwealth's next attorney general, state Delegate Stephen
Shannon is trying to tar his opponent, state Sen. Ken Cuccinelli, for
purportedly giving guns to convicted felons. Mr. Shannon is sending
around literature with a scary picture of a violent criminal claiming:
"FACT: Ken Cuccinelli, candidate for attorney general, voted to allow
violent felons to purchase guns in Virginia." We hate to break it to Mr.
Shannon but this isn't going to be his Willie Horton ad. Mr. Shannon's
convoluted logic goes this way: Since Mr. Cuccinelli voted against
regulating the private sale of guns at gun shows, that means he supports
felons having guns. Never mind that it is still illegal for felons to
have guns and the senator supports that ban...
http://www.washingtontimes.com/news/2009/oct/29/guns-and-the-virginia-election/
---
From GOA-PVF: You may have heard about a special Congressional election
taking place next week in upstate New York. The race features a Nancy
Pelosi Democrat and a Republican with long-standing ties to ACORN
against a genuine pro-gun leader named Doug Hoffman. Gun Owners of
America Political Victory Fund is proud to endorse Doug Hoffman in this
race. Doug Hoffman is a 100% gun rights supporter who will be a leader
in the battle to defend the Second Amendment... One of Doug Hoffman's
opponents, Bill Owens, will be just another YES vote for radical
anti-gun House Speaker Nancy Pelosi. He refuses to let voters know
where he stands on specific gun control issues, which enables him to
play it both ways on the Second Amendment... Mr. Hoffman's other
opponent, Dede Scozzafava, voted in 1999 for the kind of "study" of gun
"safety" that is so often used by the gun prohibitionists as a backdoor
to greater and more intrusive regulation. Attacking gun owners' rights
under the cover of "safety" is a favorite tactic of the anti-Second
Amendment crowd and she voted for it. She also voted in 1999 to stick
gun owners with a burdensome reporting requirement when a gun is
stolen. Under that law, the victim of a gun theft can be criminally
prosecuted if the theft is not reported quickly enough to suit the
authorities. This type of law turns the victim into a criminal...
http://www.goapvf.org/hoffman.htm
http://www.doughoffmanforcongress.com/
Related Commentary:
http://www.americanthinker.com/2009/10/the_battlefield_paradox_scozza.html
http://online.wsj.com/article/SB10001424052748703574604574501570805744470.html
---
The RKBA in Nevada, Part 2: Given the politics of the issue, few Nevada
lawmakers want to be on record as opposing individual gun ownership. Yet
a close look at the actual record suggests the Silver State has a
working majority in its legislature covertly scornful of your right to
keep and bear arms. A previous NPRI commentary pointed out that the
original intent of the Second Amendment is not about protecting hunters'
guns and not about mere individual self-defense against criminals. No,
the second article of the Bill of Rights is about your right to defend
yourself against an unjust government. Nevertheless, here in Nevada,
state, county and city laws restrict the liberty guaranteed by the
Second Amendment. Indeed, current handgun registration and waiting
periods in Clark County demonstrate a complete lack of understanding and
adherence to the U.S. Constitution. Even the language of the Nevada
Constitution - essentially dictated to the fledgling state by the
Lincoln administration during the Civil War - tends to undermine Second
Amendment rights... (I hope that this series goes beyond two parts. This
one, while valid, seems to focus on Clark County, admittedly the home to
most of Nevada's residents. As a non-resident, I'd like to see Nevada
move to universal recognition of concealed-carry permits, a concept that
works fine in three of the five states that border it. Such a move would
certainly not hurt the state's faltering tourism industry.)
http://www.npri.org/publications/the-right-to-keep-and-bear-arms-in-nevada-part-ii
---
Lawsuit Filed against Seattle Gun Ban: The Second Amendment Foundation,
National Rifle Association and five local residents today filed a
lawsuit challenging a new Seattle parks regulation that bans firearms,
arguing that the ban violates Washington State's long-standing
preemption statute. They are joined by the Citizens Committee for the
Right to Keep and Bear Arms and the Washington Arms Collectors... "This
ban violates Washington's 26-year-old model preemption statute," noted
SAF Executive Vice President Alan M. Gottlieb. "The ban makes it
impossible, under threat of criminal trespass penalty, to lawfully carry
firearms for the protection of spouses, partners and children on public
property where these citizens have a right to be. We are once again
delighted to be joined by the NRA in this action. Our successful
collaborations in the past stopped illegal gun confiscations in New
Orleans following Hurricane Katrina, and nullified an illegal gun ban in
the City of San Francisco." ...
http://www.saf.org/viewpr-new.asp?id=306
---
Carry Bans Ignored by Ohio Criminals: ... Despite these prominently
posted "no-guns" signs, which are required by law to be posted in every
Class D liquor permit location in the state of Ohio, it's getting
increasingly hard to keep track of all the shootings occurring across
the Buckeye state in places that serve alcohol. On October 8, a shootout
in a Toledo bar gained nationwide attention, despite there being no
injuries, thanks to the graphic action recorded on security cameras.
Another Toledo bar shooting, which occurred just a few nights later,
gained almost no attention despite a bar employee having been injured by
a ricochet. On Tuesday, October 20 and again two nights later, a trio of
armed men robbed patrons at two central Ohio bars. After the first
robbery, the victimized bar owner posted yet another warning sign at his
establishment, giving the distinct impression that he had somehow missed
all the video of that Toledo shootout... Representative Danny Bubp
(R-88) of West Union and Rep. Jarrod Martin (R-70) of Beavercreek have
introduced House Bill 203, which seeks to "allow a concealed carry
licensee who is not consuming liquor and is not under the influence to
carry a concealed handgun in a retail food establishment or food service
operation with any class liquor permit issued for the location." ...
http://www.buckeyefirearms.org/node/6959
---
Registration Not Much Help to Police: Earlier this month, we told you
about a group of students who found a loaded handgun in an alley near
Lincoln Elementary School in Wausau [WI]. The students told their school
principal, then police started an investigation. Investigators found
that the gun is registered to a Waukesha man, but he says he sold it a
few years back and doesn't know who the current owner is... By law, guns
only need to be registered when they're purchased through a licensed
dealer. If you give them away or sell them privately or at a gun show
registration isn't required... Even if laws were different, police don't
think it would make it much easier for them to solve crimes because,
"Crimes are committed with guns that are obtained illegally and so of
course there wouldn't be any ownership registration there no matter what
kind of restrictions the laws put in place," Hilts says. (Mr.
Stollenwerk's comment about confusing the BATF 4473 with outright
registration appears to be correct:
http://www.lcav.org/states/wisconsin.asp#RegistrationofGuns.)
http://www.waow.com/Global/story.asp?S=11402816
---
Firearm Manufacturers Prosper in Montana: ... The Flathead Valley, and
Montana for that matter, has a rich history of barrel and gun
manufacturing, boasting names like the Bauska family, the Sipe family
and, more recently, the Sonju family. The Sonjus have formed a sister
company to their Sonju Industrial, which manufactures aerospace parts...
In a region hard-hit by job losses in the construction and timber
industries, firearm manufacturing has stayed the course. Sipe had 80
employees over the summer and his son Jeff, owner of the Montana Rifle
Co., had 20. Underground Skunkworks, a tactical rifle maker, moved its
operations to Columbia Falls in September. Josh Sonju of SI Defense said
his business has been robust. Economic development groups are hoping to
capitalize on this momentum. Kellie Danielson, president and CEO of
Montana West Economic Development, said her organization has targeted
firearms manufacturing as a viable source of job growth in the valley.
The region already has a base, a reputation and a gun-friendly
atmosphere. While such machine-based businesses don't necessarily
provide large numbers of jobs, they can create at least a few dozen at a
time, Danielson said...
http://www.flatheadbeacon.com/articles/article/surrounded_by_job_losses_montanas_firearms_industry_thrives/13816/
---
Shotgun Range Survives in NYC: ... That's when the area surrounding 170
Bloomfield Ave., home of the Staten Island Sportsmen's Club, echoes with
the snap of projectile "pigeons," the crack of shotgun blasts, and the
mid-air explosion of clay disks. It's at the Club where you'll find
people like Ed Lecarreaux of Annadale, an expert marksman who's been
shooting for more than 50 years; Joe Meschino of Concord, a hunter who
is a certified instructor, and Dan Grossane, of Huguenot, a retired NYPD
lieutenant who joined the program about six years ago. You'll also find
Frank Fiammetta, 17, of Eltingville, Andrew Kimmins, 17, of West
Brighton, and Robert Riccio, 16, of Oakwood. Armed with single-gauge
[sic] shotguns, and wearing protective goggles, vests with pockets full
of ammunition, and sound-proof ear muffs, the teens are part of the Boy
Scouts of America Venturing Crew 2701. They practice the sport of trap
shooting every Wednesday...
http://www.silive.com/eastshore/weekly/index.ssf?/base/news/1256220916199120.xml&coll=1
---
Oops, Wrong House: A 62-year-old Toledo homeowner shot and killed an
unidentified male burglar in the 100 Block of Mulford Road in Toledo at
approximately 10:40 p.m. Tuesday, according to a news release from the
Lewis County [WA] Sheriff's Office. Sheriff's detectives were called to
the scene and learned the homeowner woke up after hearing a noise which
led him to believe someone was trying to break into his home. He heard
someone coming up the stairs inside of his residence. The homeowner told
deputies he told the burglar to "freeze," but the burglar continued to
advance toward the him, at which time the homeowner told the burglar to
"freeze" once again. The burglar continued moving, therefore the
homeowner shot the burglar, stopping him from advancing any further, the
news release said. The burglar was pronounced deceased at the scene.
http://www.tdn.com/articles/2009/10/28/breaking_news/doc4ae8682c84f4f155550856.txt
---
Too-Fat-to-Aim Defense Explained: New Jersey prosecutors are trying to
portray a Florida man who claims he was too fat to have killed his
former son-in-law as a skilled marksman. Edward Ates (aytz) claims he
didn't have the energy to accurately shoot Paul Duncsak (DUNS'-kak) and
make a quick getaway. Under cross-examination Thursday, Ates admitted he
once used his revolver to shoot a snake during a road trip. The
62-year-old was 285 pounds when Duncsak was killed in 2006. Duncsak and
Ates' daughter were involved in a bitter custody dispute after their
divorce. A defense lawyer says the prosecution theory would mean that
the killer would have had to run up a set stairs. He says Ates couldn't
have done that and fired a gun accurately. He says exertion would cause
his hands to shake. (Yesterday I questioned why obesity would have
prevented the defendant from aiming the gun. Today's article introduces
the staircase on the way to the scene of the shooting. I suspect that
the former son-in-law may have been a bit wider target than a snake.)
http://townhall.com/news/us/2009/10/29/man_using_fat_defense_in_nj_depicted_as_marksman?page=full
---
The Zero-Tolerance Folly: An 11-year-old Des Moines girl was at home on
suspension Tuesday for bringing a handful of empty shotgun shells to
school last week. Jazmine Martin, a sixth-grader at Brody Middle School,
picked up the shells as souvenirs during a family trip to a ranch in
South Dakota, where the rounds were fired as part of a show. They were
blanks. "I didn't think they were going to hurt anyone," Jazmine said.
"I wanted to show them to my science teacher because he's into stuff
like this." She said she didn't have time to show her teacher, but she
did show a couple of friends. This week, she was called into the office
and suspended. Principal Randy Gordon said the shells were considered
ammunition even though they were empty, and were therefore against
school policy. A copy of the school policy shows that it specifically
bans "live ammunition or bullets" but makes no reference to empty shells
or casings. However, the policy says it is not limited to the items
specifically listed as being banned...
http://www.desmoinesregister.com/article/20091028/NEWS/910280363/1001/NEWS
---
When Guns Are Outlawed: Gun crime has almost doubled since Labour came
to power as a culture of extreme gang violence has taken hold. The
latest Government figures show that the total number of firearm offences
in England and Wales has increased from 5,209 in 1998/99 to 9,865 last
year - a rise of 89 per cent. In some parts of the country, the number
of offences has increased more than five-fold. In eighteen police areas,
gun crime at least doubled...
http://www.dailymail.co.uk/news/article-1223193/Culture-violence-Gun-crime-goes-89-decade.html?ITO=1490
---
Armed American Civilian Aids UN Personnel in Afghanistan: Armed with an
AK-47, an American contract worker said Wednesday that he held off
militants attacking the Bakhtar residential hotel in Kabul, allowing
about two dozen U.N. election workers to escape. John Christopher
"Chris" Turner, a trucker from Kansas City, Mo., described opening fire
at the assailants as the guests he was protecting huddled in a laundry
room at the back of the building. "I am armed. I carry an AK-47 and I
kept firing it to keep the attackers away from the group I was
guarding," he said, describing how he shot from the entrance of the
laundry room. The group later jumped over a back wall to take refuge in
a house behind the hotel, he said...
http://www.azstarnet.com/news/315300
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
