NRA v. Chicago, a Different Perspective: The U.S. Court of Appeals for
the 7th Circuit declined to overturn the bans on most handguns that were
enacted by the cities of Chicago and suburban Oak Brook, saying that
it's an issue for the U.S. Supreme Court to decide. Chief Judge Frank
Easterbrook, in a decision for the three-judge panel, said that the
Supreme Court has ruled in the past that the Second Amendment, giving
citizens the right to keep and bear arms, applies only to the federal
government, and if there's any new path to be carved out now, the top
court will have to take the lead. He noted that federalism gives states
the right to experiment with differing laws. National Rifle Association
of America v. City of Chicago, No. 08-4241. "Federalism is an older and
more deeply rooted tradition than is a right to carry any particular
kind of weapon," Easterbrook wrote in the June 2 opinion affirming the
decision of the U.S. District Court for the Northern District of
Illinois. "How arguments of this kind will affect proposals to
'incorporate' the Second Amendment are for the Justices rather than a
court of appeals." ... (Historical analysis would seem to prove Judge
Easterbrook wrong as the RKBA not only traces back to England but was
prominent during the Colonial period, antedating federalism. His ruling,
however, will probably accelerate a decision by the Supreme Court.)
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202431160602&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20090603NLJ&kw=7th%20Circuit%20declines%20to%20overturn%20local%20handgun%20bans&slreturn=1
The U.S. Court of Appeals for the 7th Circuit ruled Tuesday that the
Second Amendment right to bear arms cannot be held to restrict state gun
control laws until the Supreme Court rules that the right applies to the
states. As a result, the ruling in National Rifle Association v. Chicago
will likely give Supreme Court nominee Sonia Sotomayor some much-needed
political cover against criticism of a similar Second Amendment ruling
she joined in on the 2nd Circuit earlier this year, Maloney v. Cuomo. In
that case, using the same reasoning, the 2nd Circuit panel upheld a New
York ban on numchucks, weapons made of two bars joined by a cord.
Today's ruling by 7th Circuit chief judge Frank Easterbrook specifically
states, "We agree with Maloney." Judge Richard Posner, like Easterbrook
a leading conservative on the court, joined the ruling as did Judge
William Bauer... (The correct spelling is "nunchaku.")
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202431175184&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20090603NLJ&kw=7th%20Circuit%20ruling%20agrees%20with%20Sotomayor%20on%20Second%20Amendment
Today, the National Rifle Association filed a petition for certiorari to
the U.S. Supreme Court in the case of NRA v. Chicago. The NRA strongly
disagrees with yesterday's decision issued by a three-judge panel of the
U.S. Court of Appeals for the Seventh Circuit, holding that the Second
Amendment does not apply to state and local governments. "The Seventh
Circuit got it wrong. As the Supreme Court said in last year's landmark
Heller decision, the Second Amendment is an individual right that
'belongs to all Americans'. Therefore, we are taking our case to the
highest court in the land," said Chris W. Cox, NRA chief lobbyist. "The
Seventh Circuit claimed it was bound by precedent from previous
decisions. However, it should have followed the lead of the recent Ninth
Circuit Court of Appeals decision in Nordyke v. Alameda County, which
found that those cases don't prevent the Second Amendment from applying
to the states through the due process clause of the Fourteenth
Amendment." ...
http://www.nraila.org/News/Read/NewsReleases.aspx?ID=12549
States can not only ban guns, they can ban self-defense. That's what a
court just ruled. And we're told it is the "conservative" position...
Don't let the raising of the Reagan mantra persuade you. The reverence
gun owners have for the man is based more on illusion than substance. He
was no friend of gun owners, supporting waiting periods, semi auto bans,
and bans on open carry...
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m6d3-Federal-court-says-selfdefense-ban-by-states-is-Constitutional
---
Has Sotomayor Nomination Helped Boost Firearm Stocks?: President Obama's
nomination of federal appeals court Judge Sonia Sotomayor to replace
retiring Supreme Court Justice David Souter heralds yet another victory
for gun-makers. Yes, you read that right. Let me explain. While most
investors have been rightly focused on the crisis in the markets and
economy lately, some Americans have been focusing on other political
issues, namely the Second Amendment. They wonder, will the Obama
Administration and new Supreme Court nominee Sonia Sotomayor put the
right to bear arms in jeopardy? Clearly, many think so, as evidenced by
an increase in gun sales and an associated rally in gun stocks. Indeed,
two of my favorite gun stocks, Sturm Ruger & Co. (RGR) and Smith &
Wesson (SWHC), rallied Thursday on the news of Sotomayor's nomination.
But it's not just Sotomayor's nomination that has been lifting the
gun-makers. The recession has helped, too...
http://blogs.moneycentral.msn.com/topstocks/archive/2009/05/29/obama-and-supreme-court-nominee-sonia-sotomayor-send-gun-stocks-soaring.aspx
---
Feds Seize Vintage Plane: A vintage airplane collector said Tuesday that
government agents have impounded his rare 1952 military aircraft he
imported from France last fall and are threatening to destroy the plane
because of a missed step in bringing it into the country...
Hendrickson's Skyraider is believed to be one of only four of its kind
that remain in the U.S... Hendrickson said ICE agents told him then that
he had failed to fill out a form required by the Bureau of Alcohol,
Tobacco Firearms and Explosives when he imported the plane into the
states from France. Hendrickson said he was unaware he had to register
the plane with ATF since he removed the aircraft's artillery while it
was still in France. Hendrickson did register the plane with the FAA...
http://blog.al.com/spotnews/2009/06/collector_puzzled_over_seizure.html
---
Tennessee House Overrides Restaurant-Carry Veto: Tennessee House members
voted on Wednesday to override the governor's veto of a bill to allow
handguns to be carried in bars and restaurants that serve alcohol. The
House voted 69-27 against the veto. The Senate is expected to vote on
the matter Thursday. The final version of the bill previously passed the
House on a 66-23 vote. All but one of the new votes for or against the
measure came from lawmakers who were absent on the previous vote.
Nashville Rep. Beth Harwell, who was the only Republican to vote against
the veto override Wednesday, previously abstained. It takes 50 votes in
the House and 17 in the Senate to turn back the veto. The bill passed
the Senate 24-7 last month...
http://www.theleafchronicle.com/article/20090603/NEWS01/90603028
http://www.tennessean.com/article/20090604/NEWS0201/906040347/1006/NEWS01/Tenn.+House+overrides+guns-in-bars+veto
---
New York Senate Bars RKBA Advocates from Microstamping Meeting: ...On
June 3rd State Senate leaders held a meeting with the company that is
the sole source of microstamping technology, and with anti-gun
individuals and groups such as the Brady Campaign and New Yorkers
Against Gun Violence. The purpose of this meeting was to see the
technology in its current form, and to plan the campaign for
microstamping legislation in the State Senate. Pro-Second Amendment
groups that tried to attend this meeting were barred at the door.
Excluded were Tom King of the New York State Rifle & Pistol Association,
Becky Williams of the National Rifle Association and Jake McGuigan of
the National Shooting Sports Foundation (an industry group). This is
only the latest instance of New York State lawmakers attempting to hide
from pro-Second Amendment voters and organizations. In April of this
year the State Assembly changed its long-planned "Gun Day" in order to
avoid thousands of Sportsmen headed to Albany to protest legislation
proposed to limit their rights. The NYSRPA condemns the State Senate for
conducting New Yorkers' business behind closed doors, and for depriving
New York's sportsmen and gun owners of a voice in shaping legislation
that affects them.
http://readme.readmedia.com/news/show/State-Senate-Leaders-Bar-NY-State-Rifle-Pistol-Assn-and-Other-Pro-Gun-Groups-From-Microstamping-Meeting/727270
---
Has Seattle Mayor Blinked?: Seattle Mayor Greg Nickels might be having
second thoughts about moving forward with his controversial "dangerous
weapons" ban. The executive order would effectively prohibit the
possession of firearms on most city-owned properties. The ban has
naturally drawn the criticism of Second Amendment rights groups and also
Attorney General Rob McKenna, who has stated that it violates state
preemption statutes... Over that timeline, however, the Mayor appears to
have either cooled on the issue or at least become more surreptitious.
Nickels has been a vocal proponent of tougher gun control laws. The
one-year anniversary of the Folklife Shooting - a logical date for the
gun-ban announcement - came and went over a week ago... Alan Gottlieb,
of the Bellevue-based Second Amendment Foundation said that his
organization had prepared legal action, lined up plaintiffs and was
going to file a lawsuit the day that Nickels put his executive order in
place...
http://blogs.seattleweekly.com/dailyweekly/2009/06/is_mayor_nickels_backing_off_o.php
---
Defense Fund for Oklahoma Pharmacist: Friends and supporters of
pharmacist Jerome Jay Ersland of Chickasha have established an account
at a local bank for anyone wanting to contribute to Ersland's legal
defense. Ersland, 57, was charged with first-degree murder last week
after he shot one of two teen-agers trying to rob the Oklahoma City
pharmacy where he worked. Prosecutors say Ersland was justified in the
intial shot that wounded and incapcitated the 16-year-old but he crossed
the line into murder when he pumped an additional five shots into the
youngster while he lay unconscious on the floor.Donations can be made to
the "Jerome Ersland Defense Fund" at First National Bankd and Truct of
Chickasha, 302 W. Chickasha Ave or P.O. Drawer 1130, Chickasha, 73302.
Meanwhile, Ersland said Monday he's given his guns to his defense
attorney... Box declined to say how many guns he was given but does say
he took the weapons and other personal property as payment of part of
his attorney fees.
http://www.chickashanews.com/local/local_story_153155647.html
---
Oops, Wrong House, Idaho Version: A man shot a suspected intruder in
Coeur d'Alene on Monday night, and police are searching for two men
accused of fleeing the scene. Police say Jake S. Smith, 18, and Eli C.
Skalak, 29, were with Shae A. Crump, 24, at a home in the 1100 block of
Margaret Avenue about 11:40 p.m. when the 74-year-old homeowner, awoken
by his dog, fired his handgun, striking Crump in the arm. That came
after the man saw Smith and Skalak, who were outside, turn "as if they
were going to come back inside of his residence after him," according to
a police news release. The homeowner called 911. A Kootenai Medical
Center official called 911, too, after Crump showed up at the emergency
room with a non-life-threatening gunshot wound, police said...
http://www.spokesman.com/stories/2009/jun/03/homeowner-shoots-suspected-intruder/
---
Oops, Wrong House, Wisconsin Version: A Town of Ripon man held a burglar
at gunpoint after he caught the suspect inside his home, warning 911
dispatchers that if the intruder even flinched, he would shoot... The
case unfolded after the homeowner, 68, arrived home to find lights on
inside his house just after 1 a.m. Friday. He parked his vehicle, armed
himself with a handgun and confronted the burglar, who had apparently
been removing items from the home and was going back for more, according
to sheriff's officials. The same home had been burglarized a week
earlier when coins and small engines were stolen. Investigators are
reviewing whether Roehling may have also broken in to the victim's home
in that case as well, according to sheriff's Lt. Bill Flood. When
stopped by the homeowner on Friday, Roehling was allegedly attempting to
take a large amount of cash, a gun and other items, according to a
sheriff's office report... (I would think that someone whose home had
recently been burglarized might take some precautions to prevent the
theft of firearms inside the home.)
http://www.jsonline.com/news/wisconsin/46733292.html
---
Oops, Wrong Game Room: A 77-year-old Korean War veteran fired one round
Monday, wounding one of two masked men suspected in the robbery of a
game room on the outskirts of the city, authorities said. There were
about 12 patrons inside Players Paradise, 4801 state Highway 146 Suite
B, when a frequent guest knocked on the door, Capt. Brian Goetschius of
Texas City police said... "They looked through the monitors and
recognized him as being there before," Goetschius said. "They ordered
everyone to the ground, went through several wallets and got the apron
from the attendant." The veteran, Robert Hays of Texas City, was thrown
to the ground, and then a suspect went through his wallet, Goetschius
said. "The 77-year-old concealed gun permit carrier drew his .38-caliber
revolver and shot one of the crooks," Goetschius said. "The crook
immediately fell to the floor, and he dropped his gun and he lost a
shoe." The men fled through the back door with an unknown amount of
cash, and at 1:18 a.m. police were notified of a man suffering from a
gunshot or stab wound checking himself into Clear Lake Regional Medical
Center...
http://www.galvnews.com/story.lasso?ewcd=55cfccb81709e5c4
---
Pastor Encourages Guns at Church - Sort Of: ...Most people consider
church a sanctuary, a place of peace. But recently, church shootings
have been in the headlines. Last Sunday, Kansas abortion Dr. George
Tiller was shot and killed while ushering at his church. In March, an
Illinois pastor was killed and two parishioners injured after a gunman
opened fire during Sunday services. In July 2008, a gunman killed two
people at a church youth performance in Knoxville, Tennessee. Despite
this news, Ken Pagano, pastor of New Bethel Church in Valley Station, is
encouraging people to bring their guns to church on June 27. "This is
for anybody that believes in second amendment rights. And that is the
buttress to first amendment rights," said Pagano. Pagano, a concealed
carry instructor who served in the Marine Corps, is holding what he
calls an Open Carry Celebration. "We're trying to promote responsible
gun ownership and gun safety," Pagano said. People can come into the
church wearing their gun as long as the weapon is unloaded and in a
secure holster... "This will be the safest place in town that day," said
Pagano... (Or the best place to stage a robbery to steal unloaded guns.)
http://www.wave3.com/Global/story.asp?S=10473040
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
