McDonald and Original Intent: The upcoming McDonald v. City of Chicago
case, to decide on the Constitutionality of (or, hopefully, lack
thereof) Chicago's handgun ban, will also, of course, determine whether
or not the Second Amendment is "incorporated" under the Fourteenth
Amendment. In other words, since Heller already established that an
outright handgun ban is not permissible under the Second Amendment, the
question here is whether that amendment is to be enforced against state
and local governments, as well as to the feds. As the Wall Street
Journal pointed out a while back, some support for the gun rights side
is coming from a somewhat surprising source... I'm all for the
Thirteenth Amdendment, of course, and calling manumission
"redistribution of property" seems something of a reach, since humans
cannot legitimately be property in the first place - certainly not in a
nation whose independence was declared in a document that stated that
"all men are created equal." I can't help but have some serious
concerns about what property Professor Amar hopes to "redistribute" now,
though... (The issue of original intent, in this context, is that the
Bill of Rights was originally intended only to limit the power of the
newly created federal government. At the time of ratification of the
Constitution, some states had bills of rights and some did not. The
Federalists argued, somewhat ingenuously, against a federal bill of
rights but the Antifederalists won out, getting a pledge for one as a
condition for ratification.)
http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2009m12d1-Defending-gun-rights-by-rejecting-original-intent
---
National Black Police Association Signs Brady McDonald Brief: We've been
discussing the Brady Center's friend of the court brief in the McDonald
case, where Chicago's handgun ban and other gun registration
requirements are being challenged in a case that will be heard by the
Supreme Court. We've seen how the Bradys consider local bans
"reasonable." We've met some globalist police chiefs and union bosses
who agree. And today, we're going to examine the fourth signatory to the
brief, the National Black Police Association... Here's the crux of what
we need to know about them from their "Positions" page: "HANDGUN
CONTROL. The NBPA supports national handgun legislation prohibiting
further manufacturing of handguns, and limiting their sales, possession,
and use." That seems pretty definitive and "Only One"-like, does it not?
Presumably, if we say "No," they would support using police powers to
enforce such edicts against their countrymen. And the Oath Keepers are
the ones we're told are the dangerous extremists? ... ("Only one" is a
phrase immortalized by a then-DEA agent, who happened to be black,
giving a "firearm-safety" lecture to a group of youngsters, who happened
to be black, who proclaimed that he was the only one in the room
competent to handle a .40-caliber Glock pistol, seconds before shooting
himself in the leg with it.)
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m12d1-Black-police-group-endorses-same-antigun-edicts-imposed-by-slave-owners
---
"Loopholes" in Carry Legislation: ...Let's review Alaska-carry and the
infringement on a citizen to inform a police officer that you have a
firearm and how you must allow the officer to disarm you for their
safety. Maybe that sounds good on the surface but does it pass the
constitutional test? Absolutely not! Alaska police officers regularly
disarm law abiding citizens, taking their firearms and running the
serial numbers through the system. This in itself is a violation of the
"fourth amendment". No surprise here, officers that have taken an oath
to uphold the constitution are regularly breaking this same oath. Many
law abiding citizens that have nothing to hide often see no harm in
giving up their rights. They freely give in to a police officers
intrusions. What's the big deal, you have nothing to hide, right? Before
you read anymore please watch the video. You will be shocked at what you
witness... (Terry v. Ohio [
http://en.wikipedia.org/wiki/Terry_v._Ohio]
has given police officers the power to pat down for weapons people they
legitimately stop, for the safety of the officer. Most shall-issue
states require permittees to advise officers that they are carrying
concealed; Arizona and Montana are exceptions. Routinely running serial
numbers is abuse. Officers do not routinely do that for a camera or a
laptop computer in plain view, unless they have reasonable cause to
suspect that it may have been stolen.)
http://www.examiner.com/x-25069-Cheyenne-Gun-Rights-Examiner~y2009m11d30-Alaskacarry-be-careful-what-you-wish-for
---
Government to Blame for Recent Police Murders?: A police officer once
described the two-part criminal justice system this way: "We arrest
criminals, and then the lawyers figure out a way to get them back on the
street." Every time there's another Maurice Clemmons story, this author
hears those words again. Maurice Clemmons murdered four Lakewood [WA]
police officers in a restaurant last Sunday, as they prepared for their
shift. But that is only one part of the story... Huckabee granted
Clemmons' clemency request despite objections from the prosecutor. After
his parole, Clemmons "quickly reverted to his criminal past, violated
his parole and was returned to prison," but was out again by 2004.
Huckabee also pressured the parole board to free Wayne DuMond, who was
serving time for raping a high school student. They paroled him on the
condition that he leave Arkansas. He moved to neighboring Missouri,
where he raped and murdered Carol Sue Shields. Washington state
authorities recently had an opportunity to get Clemmons off the street.
He was arrested last May for allegedly assaulting a police officer and
raping a child, but was released after posting bail...
http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m12d1-Four-Lakewood-police-officers-Death-by-government
..No doubt authorities will trace the gun he used, and find out perhaps
how Clemmons got it. Chances are it came from a family member or
acquaintance, and it would not be surprising if that pistol was stolen.
If one of his associates or family members - several of whom are now in
jail or soon will be - knowingly provided that gun to Clemmons, they
need to go down for that. As a convicted felon, it is illegal under
state and federal statute for Clemmons to own or possess a firearm, and
it is against the law to knowingly supply a gun to a convicted felon. He
was evidently getting plenty of help from some people, and they're going
to be held accountable... Of course, when did that ever stop a thug
from packing a gun? We know where he got the last gun he carried. It
belonged to one of his police officer victims; so much for the political
argument that "only cops should have guns." Anyone who wants a gun bad
enough for illegal purposes will take one. Clemmons' first felony beef
involved the burglary of an Arkansas State Trooper's home in which that
man's gun was stolen, along with other items... (On Friday I will share
John Farnam's comments on tactical lessons from this incident, along
with some of my own.)
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m12d1-A-copkiller-is-dead-and-now-comes-time-for-questions
---
Guess Who's Getting Pistol Permits in NYC: "I just wrote my first
reference for a gun permit," said a friend, who told me of swearing to
the good character of a Goldman Sachs Group Inc. banker who applied to
the local police for a permit to buy a pistol. The banker had told this
friend of mine that senior Goldman people have loaded up on firearms and
are now equipped to defend themselves if there is a populist uprising
against the bank. I called Goldman Sachs spokesman Lucas van Praag to
ask whether it's true that Goldman partners feel they need handguns to
protect themselves from the angry proletariat. He didn't call me back.
The New York Police Department has told me that "as a preliminary
matter" it believes some of the bankers I inquired about do have pistol
permits. The NYPD also said it will be a while before it can name
names... (Again, comments from John Farnam and me will arrive on Friday.)
http://www.bloomberg.com/apps/news?pid=20601039&sid=ahD2WoDAL9h0#
---
Anti-RKBA Mayor Convicted of Embezzlement: Baltimore's mayor was
convicted Tuesday on a single charge of taking gift cards from a program
intended for the city's poor children and using them to buy electronics,
including an Xbox video game system. The misdemeanor conviction
eventually could lead to Sheila Dixon's removal from office. But she
said after the verdict that she would return to City Hall, and her
attorneys said they would begin an appeal. Her conviction of fraudulent
misappropriation by a fiduciary carries a maximum penalty of five years
in prison, but prosecutors have not yet said whether they will seek jail
time. The jury acquitted her on three other counts, including felony
theft, and failed to reach a verdict on a second count of
misappropriation... (Dixon has been a prominent member of Bloomberg's
Mayors Against Illegal Guns
[
http://www.mayorsagainstillegalguns.org/html/members/members.shtml,
http://www.sheiladixon.com/issues/crimeplan].)
http://www.washingtontimes.com/news/2009/dec/02/mayor-dixon-found-guilty-of-misdemeanor/
---
"Progressive" Decries RKBA Posturing in Arkansas Politics: It's more
than four years before Dustin McDaniel, Mike Ross, Bill Halter and more
seek to succeed Gov. Mike Beebe. But McDaniel has taken an early lead
for the gun nut vote with a steady diet of opportunism and
demagoguery... He hasn't posed for our cover yet with a shotgun, as Ross
did, but I'm sure he'd be willing. Admittedly, McDaniel has all those
sins of his father to live down for suing a gun manufacturer. Still,
it's hard to get out front of Mike Ross on gun demagoguery. It's going
to be a long four years. Today, read McDaniel's "me-too" on the fight
against home rule gun laws. It's nothing but judicial activism to
override a couple of centuries of court precedent, in which McDaniel is
in league with the nut wing of the U.S. Supreme Court [emphasis added].
He should be proud...
http://www.arktimes.com/blogs/arkansasblog/2009/12/mcdaniel_takes_lead.aspx
---
Thermal Imaging Used in Gun Conviction: It may not yet compete with the
detective work found in a television crime drama, but it is getting
there. Prosecutors and police detectives delved into the high-tech world
of thermal imaging in convicting a Dorchester man of carrying a gun, the
first time a Massachusetts jury has found a person guilty based on the
technology... The defendant, Jose R. Rodriguez, 25, was convicted of
illegal possession of a loaded gun and unlawful possession of
ammunition. He was sentenced to 2 1/2 years in jail. His lawyer declined
to comment. The case involved a Bullard T1 Commander, a thermal imaging
camera that records heat output the way a conventional camera records
light. The technology was designed for the military and has become
commonly used in firefighting. In this case, it was used by officers who
chased Rodriguez in January, after he allegedly fled when officers tried
to question him. According to police, officers saw him walking down
Whittemore Street clutching his waistband, and they grew suspicious. At
one point, the officers saw Rodriguez stretch out his arm as if he had
thrown something. He was taken into custody. While retracing his path,
police recovered a 9mm semiautomatic Smith & Wesson handgun from the
snow. That is when officers used the Bullard camera, allowing them to
determine that the firearm had just been discarded; the gun had retained
the heat of the person carrying it, making it appear lighter than its
surroundings...
http://www.boston.com/news/local/massachusetts/articles/2009/12/01/jury_cites_thermal_imaging_in_gun_conviction/
---
Oops, Wrong Gas Station: A store manager shot and wounded an armed man
during an attempted robbery at a Chevron gas station near U.S. 1 and
Peachtree Street on Tuesday night. At about 9:20 p.m., a man entered the
store and pointed a large-caliber handgun at the store manager and
demanded money. The store manager, Sowann Suy, 40, instead pulled out a
gun from below the counter and started firing. The man was shot once in
the abdomen. He did not fire his weapon and immediately left the store,
collapsing in the parking lot, where Cocoa police found him when they
arrived a few minutes later. Suy called 9-1-1 right after the
shooting... This is the second time in a week a local store owner has
shot someone trying to rob his business. The 70-year-old owner of Gloco
Grocery and Soul Food Deli shot and wounded a man attempting to rob his
Melbourne [FL] business Nov. 17.
http://www.floridatoday.com/article/20091125/NEWS01/911250347/1086/Store+manager+shoots+robber
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2009m11d29-Cocoa-FL-gas-station-robber-shot-in-self-defense
---
Oops, Wrong House?: Tucson police are looking into the circumstances
behind the shooting of a 22-year-old man who turned up at St. Mary's
Hospital this morning. The man, who may have been injured during a home
invasion, was transported to another hospital, where he is in serious
condition, said Sgt. Diana Lopez, a Tucson Police Department spokesman.
Tucson police were contacted by officials at St. Mary's about 7:30 a.m.,
Lopez said. Police are trying to determine where the man was shot, she
said. (When I lived in California, it was routine for criminals who had
been shot by their intended victims to claim that they had been victims
of drive-by shootings and decline further statements to police, stating
that they would "deal with it" themselves.)
http://www.azstarnet.com/sn/hourlyupdate/319820.php
---
More Details on New Hampshire Home-Defense Shooting: ...Residents say
it's a normally quiet neighborhood, but Wednesday night police say three
men forced their way into an apartment and attacked a man and woman
inside. At least two of the robbers had handguns and were allegedly
threatening the couple. At some point the male resident got hold of his
own handgun and got into a scuffle with the intruders. Shots were fired
and one of the robbers, Nathan Stringfield, 23, of Berlin, was hit and
died at the scene... The second intruder made it down the street and ran
a few blocks on Western Avenue before going into a building. That's
where police found him suffering from multiple life-threatening gunshot
wounds. He's hospitalized in critical condition. The third intruder
managed to get away- police are still searching for him. Authorities
have not released a motive for the robbery, but one neighbor who claims
to know Stringfield says he was a known drug dealer and he heard the
three men were after drugs in the apartment. So far no charges have been
filed. (Dealing with drugs and dirtbags certainly introduces added risks
in your life.)
http://www.thearmedcitizen.com/2009/12/01/berlin-n-h-home-invaders-shot-by-victim/
---
Opinions Are Like Body Parts...: ...My personal home defense gun is a
38 Special Colt Diamondback. This is a medium size DA revolver with a
4" barrel and a nickel finish. The silver finish makes it an easy gun to
see and point at night, and its fully adjustable target-type sights make
it quite accurate in decent light. The Diamondback fits my hand
perfectly and is a very high quality revolver. Unfortunately it has been
discontinued, and a Colt Diamondback in good condition is expensive even
on the used market. It is well worth the cost, however. I consider a 4"
barrel the best compromise for a home defense handgun. The shortest
barrel I would recommend for a revolver is 2.5", and the longest 6". My
home defense revolver is normally loaded with Glaser Safety Slugs for
indoor use, but I also keep a speed loader full of 125 grain
hollow-point cartridges available. I prefer the .38 Special to smaller
rounds due to its superior stopping power, and to larger rounds, such as
the various Magnums, because it produces less muzzle blast and flash, an
important consideration in dim light. If I used an autoloading pistol
for home defense I would choose one chambered for the 9mm Luger (9x19)
cartridge for exactly the same reasons... (Bright nickel plating
certainly makes the revolver more visible to the intruder, which may or
may not be desirable, depending on the circumstances. Some might
question selecting a collector-grade gun for a task that could leave it
in an evidence locker, possibly with a case number scratched into it,
for years. Glaser Safety Slugs have had both spectacular success and
spectacular failures. I prefer a properly selected hollowpoint, in
normal weight range for caliber. In order of preference, I lean toward
CorBon's +P 110 gr. DPX, Speer's +P 135 gr. Gold Dot, the old +P 158 gr.
LSWCHP "FBI load," from whomever you can still find it and, if +P is not
appropriate for the gun or produces excessive recoil for the user, the
newly reintroduced 125 gr. Nyclad HP from Federal. These, of course, are
all .38 special loads.)
http://www.chuckhawks.com/handgun_home_defense.htm
---
More American Women Take up Hunting: Between 2003 and 2008, women who
hunted with firearms increased 3.5 percent to 2.9 million, according to
new data from the National Sporting Goods Association (NSGA). Women who
participated in bowhunting rose 1.5 percent to 600,000 during that time.
And according to the Shreveport Times, Louisiana can attest to the
recent rise in female participation. This year alone, the number of
women with hunting licenses jumped 12 percent there when compared to
2007-08... According to the story, an estimated $3.4 billion is spent
annually on the sales of firearms, ammunition and hunting accessories
with women accounting for about $500 million of that total. (Days ago, a
female friend of mine took a bull elk with a very precisely placed shot
from her .243 rifle, not a caliber one normally associates with elk
hunting.)
http://www.buckeyefirearms.org/node/7006
---
MidwayUSA Boosts Bianchi Cup Match: Inspired by the NRA Bianchi Cup's
successful impact on both the shooting industry and his hometown of
Columbia, MO, Larry Potterfield, Founder and CEO of MidwayUSA, Inc., has
pledged his second consecutive $50,000 cash donation toward the
championship. The gift will be used to increase the already impressive
$300,000 in cash and prizes awarded this past year and continue founder
John Bianchi's vision of having the most prestigious Pistol Championship
in the world... This announcement is the first of many enhancements to
the NRA Bianchi Cup for 2010. The NRA Bianchi Cup is a money-winning
event that draws the top pistol shooters from all over the world...
http://www.ammoland.com/2009/12/01/potterfields-donate-cash-for-2010-nra-bianchi-cup/
---
New Book by David Kopel: ...David Kopel's book covers topics ranging
from the origins of the Washington, D.C. gun ban to the Heller decision.
He discusses the genesis of modern American gun control, the KKK, the
true anti-gun agenda and the deceptions and errors used to promote
anti-gun laws. He covers the right to self defense from Judeo Christian
perspectives. Other chapters explore United Nations and International
gun control attempts and failures, law enforcement abuses and solutions,
the culture of the right to keep and bear arms and the gun control
movement. He concludes his book with a chapter on several prominent
American gun owners from Thomas Jefferson to Eleanor Roosevelt... (Kopel
is a legal scholar who, among other things, has researched the views of
all the world's major religions on self-defense. Pretty much anything he
writes is worth reading although his style may tend to be a bit academic.)
http://www.amazon.com/Aiming-LIberty-Present-Freedom-Self-Defense/dp/0936783583/ref=sr_1_1?ie=UTF8&s=books&qid=1259624163&sr=8-1
---
From AzCDL:
The Arizona Citizens Defense League has joined with other pro-rights
individuals, groups and several district attorneys in the filing of an
"amicus (friend of the court) brief" with the United State Supreme Court
in the case of McDonald v. Chicago, the most critical Second Amendment
case since the Heller decision upheld our individual right to keep and
bear arms.
In April 2009, the U.S. Court of Appeals for the Ninth Circuit ruled in
Nordyke v. King that the Second Amendment is "incorporated" through the
Fourteenth Amendment and applicable to all state and local governments.
However in McDonald v. Chicago, the U.S. Court of Appeals for the
Seventh Circuit ruled that the Second Amendment is NOT incorporated
through the Fourteenth Amendment and that state and local government
laws regarding firearms are not affected by the Second Amendment.
In September, the Supreme Court agreed to consider the McDonald case.
We are asking the Supreme Court to hold that the Second Amendment
applies to state and local governments through the Fourteenth
Amendment. You can find a copy of the amicus brief at:
http://tinyurl.com/McdonaldAmicus .
Alan Korwin, AzCDL Member and prolific author, whose books include The
Arizona Gun Owner's Guide, is following the McDonald case closely and
has posted a plain English summary of the issues at stake at his
website:
http://www.gunlaws.com/McDonald_v_Chicago_BP_Amicus.htm .
Alan's extensive research and material were used in crafting our amicus
brief, which was submitted by California attorney Chuck Michel
(
http://www.michelandassociates.com/).
You can also read more about the McDonald case at the Second Amendment
Foundation's website:
http://www.chicagoguncase.com/ .
These alerts are a project of the Arizona Citizens Defense League
(AzCDL), an all volunteer, non-profit, non-partisan grassroots
organization. Join today!
http://www.azcdl.org/html/join_us_.html
AzCDL - Protecting Your Freedom
http://www.azcdl.org/html/accomplishments.html
Copyright � 2009 Arizona Citizens Defense League, Inc., all rights
reserved.
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
The tactics and skills to use a firearm
in self-defense don't come naturally
with the right to keep and bear arms.
http://www.spw-duf.info
