McDonald Creates Strange Bedfellows: A Supreme Court argument on gun
rights slated for next month is creating strange bedfellows between
conservatives and liberals and pitting gun-rights groups against each
other... Yet the Constitutional Accountability Center, a liberal
advocacy group with ties to members of the Obama administration, is also
urging the justices to strike down the Illinois gun bans. The center
says the case allows the court to correct a poor constitutional
interpretation from the late 19th century and that establishing a
federal right to self-defense could open the door to progressive
readings of individual rights in future cases. Alan Gura, the
conservative attorney who will present the lead arguments at the Supreme
Court against the Illinois laws, embraces that theory as well, but with
a different aim. He maintains that a victory in the gun cases could pave
the way for future rulings bolstering property rights and libertarian
views that limit government power. The National Rifle Association, which
also challenged the Illinois gun laws, shares Mr. Gura's ultimate goal,
but Mr. Gura's legal arguments puts them at odds. The NRA is primarily
interested in expanding gun rights rather than broader constitutional
doctrines...
http://online.wsj.com/article/SB10001424052748704269004575073771717464954.html?mod=googlenews_wsj
---
Three More Days...: The federal government will lift long-standing
restrictions on guns in national parks Monday, meaning that visitors
with proper permits could pack heat along with camping and picnic gear
to most of the 392 parks. The move concerns current and former employees
of the National Park Service who are convinced that the move will damage
the spirit of the nation's park system... Critics are also concerned
about the possibility of an increase in illegal hunting and poaching.
"There are a group of folks that will never break the law, no matter
what, because they believe the law and want to keep their weapons,"
McElveen said. "But there's also a group in the middle that can be
tempted by opportunity when they think that no one's around and no one
will find out." John Velleco, director of federal affairs for Gun Owners
of America, said he thinks such concerns are misguided. "If poaching is
a problem, go after the poachers. Don't go after the millions and
millions of people who have concealed permits and who could otherwise
carry on Park Service land," he said. The new law will only make the
parks safer, Velleco said... (The first article provides some details
for parks in some of the states in the vicinity of DC.)
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/18/AR2010021805124.html
http://www.examiner.com/examiner/x-2206-Cleveland-Gun-Rights-Examiner~y2010m2d18-National-Parks-gun-ban-set-to-expire-hysteria-reaching-critical
Bad Article but Hit the Poll:
http://www.aolnews.com/nation/article/gun-toting-visitors-heading-to-national-parks/19353107
---
Second Amendment March, RSVP: We now have an RSVP form on our website
that allows our supporters to let us know if they plan on attending
their state march, the national march, or both. This information will
help us greatly in determining how many attendees to expect, additional
resources that we may need to secure, and how many hotel rooms we should
block off. We have created the form to require only a minimal amount of
information. However, the more information you provide to us, the better
we can serve you. Rest assured that we value your privacy, and this
information will not be shared with ANYONE outside of the Second
Amendment March organization or our event planning partner, One Step
Promotions. To RSVP now, please go to
http://www.secondamendmentmarch.com/rsvp
http://www.ammoland.com/2010/02/18/second-amendment-march-attendees-please-rsvp/
---
Surprise, Surprise: The husband of the associate professor accused of
killing three colleagues and seriously wounding three other people on an
Alabama campus last week suggests the stress of her battle for tenure
could have made her snap... However, the campus shootings are not the
first violent crimes with which Bishop was involved. Her fatal shooting
of her brother in 1986 was declared an accident. She was questioned, but
not charged, during a mail bomb investigation in 1993. She admitted in
court in 2002 that she punched a woman in an IHOP. And last year, some
of her students petitioned to have her removed from the classroom... (In
this "in depth" report, ABC News somehow overlooked the statement from a
family source that Bishop "was a far-left political extremist who was
'obsessed' with President Obama.")
http://abcnews.go.com/GMA/alabama-campus-shooting-suspect-amy-bishops-husband-james/story?id=9879620
---
Another Shooting in Same Gun-Free Zone: A student at Northern Illinois
University was shot and wounded Friday, triggering a brief lockdown of
the campus that was lifted after the suspected assailant was caught,
school authorities said. The shooting outside a residence hall appeared
to be "an isolated incident between two individuals," the school said on
its website. The victim was taken to a hospital. The school said classes
were to be held as usual at the 24,000-student university, which is in
DeKalb, 65 miles southwest of Chicago. On Feb. 14, 2008, a former
graduate student at NIU opened fire in a lecture hall, killing five and
wounding 19 before turning the gun on himself. (don't forget that this
is in Illinois, where it's also illegal to carry a loaded handgun off
campus.)
http://newsmax.com/US/Student-Wounded-Northern-Illinois/2010/02/19/id/350325
---
Washington Supremes Incorporate Second Amendment: Washington's state
Supreme Court, deciding an issue that the U.S. Supreme Court will soon
face, ruled on Thursday that state and local governments must obey the
federal Constitution's Second Amendment - protecting an individual right
to have a gun. "This right," the state Court ruled over two Justices'
protest, "is necessary to an Anglo-American regime of ordered liberty
and fundamental to the American scheme of justice." ...While the
majority said it was not settling on a specific standard for judging the
constitutionality of a particular state or local gun control law, it did
refuse at this point to embrace the toughest test - that is. finding any
such law invalid unless it could satisfy "strict scrutiny." It adopted
a mixed level looking partly to history and tradition as it upheld a
state law limiting gun rights of children under age 18. The
level-of-scrutiny question is one that the Supreme Court may or may not
decide when it rules this Term on McDonald v. Chicago (08-1521)... The
Washington state case - State v. Sieyes (docket 82154-2) - involved a
Second Amendment claim by a 17-year-old youth, found guilty of
possessing a loaded Bursa .380 semi-automatic pistol. The charge was
based upon a state law that makes it illegal for a person under age 18
to possess a firearm, although the law has nine exceptions allowing
minors to have a gun. (Among the exceptions are having a gun for
hunting, target shooting, and gun competition.) ... (Actually, Sieyes
was found in possession of a Bersa pistol. A bursa is a fluid-filled sac
that serves as a pulley for a tendon to run over a joint.)
http://www.scotusblog.com/2010/02/a-new-gun-rights-precedent/#more-16315
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2010m2d18-WA-Supreme-Court-2nd-Amendment-applies-to-the-states-via-14th-Amendment-due-process-clause
---
Virginia Poised to Scrap One-Gun-a-Month Limit: Virginia finally is
poised to repeal its unusual law that prohibits law-abiding citizens
from buying more than one gun per month. It's about time, because the
red tape has not had the desired effect in lowering crime. There is no
academic research by criminologists or economists that shows that
one-gun-a-month regulations reduce crime in either the states that pass
them or their neighbors. The laws have merely inconvenienced honest
Americans who want to buy guns. Besides Virginia, only Maryland,
California and New Jersey still have these laws. South Carolina was the
first state to adopt the restrictions in 1976 but repealed the limit in
2004. New Jersey has had the law on the books for less than two months
now... The Brady Campaign claims that Virginia's one-gun-a-month law
reduced the number of crime guns traced to Virginia dealers, but it
provides no link to crime rates, which is ultimately the bottom line. If
people around the nation's capital should understand anything, it is how
hard it is to keep criminals from getting guns. The District of Columbia
banned handguns entirely, and murder rates still soared. Criminals got
ahold of guns despite the law, because by nature they don't care about
breaking laws, and they can't buy guns legally anyway. The question
ought to be focused on whom these laws prevent from getting guns, and
the evidence is that law-abiding citizens are the ones who are stopped...
http://www.washingtontimes.com/news/2010/feb/19/getting-rid-of-gun-control/
---
For Shame, Arizona: The Brady Bunch has just released its latest
scorecard on state infringements of the RKBA. Arizona received two out
of 100 possible points (an RKBA score of 98%). Unfortunately, we've
still got some work to do to catch up to Utah, which received a Brady
score of zero (RKBA score of 100%). Curiously, Utah still requires a
permit for concealed carry yet Vermont and Alaska, which do not,
respectively received Brady scores of 8 and 2; apparently, in the Brady
mindset, allowing permittees to carry on school and college campuses
counts more than requiring a permit. If Arizona passes campus carry for
licensed faculty members this year I don't know if that would qualify us
for 100%. Click the link for some giggles.
http://www.bradycampaign.org/stategunlaws/scorecard/
---
Alabama May Protect Parking-Lot Storage: The Alabama Senate may not be
able to find bi-patrician [sic] support for bingo, but there could be
for guns. Senator Roger Bedford is sponsoring a bill that would
eliminate an employers right to ban firearms on company grounds. It's an
amendment that fire arms enthusiasts say is over due. Amy Royer with the
Gun Cellar in Hoover believes that the government has gradually chipped
away at the second amendment for years... But while the law would allow
anyone with a concealed weapons permit to keep a gun in the car Peyton
Zarzour with Hoover Tactical Fire Arms points out the legislation
wouldn't have saved the lives of three University of Alabama at
Huntsville professors. "There's federal laws that prohibits fire arms on
school grounds, university campuses, that's a big issue. It affects the
people who are legal have permits do the right thing and where the
criminal element doesn't matter." ... (Mr. Zarzour does not understand
the federal Gun Free School Zones Act. GFSZA does not extend to colleges
and universities and exempts those licensed to carry by the state in
which the school zone exists, so long as issuance of the license
requires a background check. Thus, if a state such as Utah chooses to
allow permittees to carry into schools, there is no violation of federal
law.)
http://www.cbs42.com/content/localnews/story/Guns-at-Work-Bill/bYAZgOkIvkicoe8Y4xiB_g.cspx
---
Oops, Wrong Mini-Mart: Lancaster [PA] police have arrested a man who was
shot by a store clerk in an attempted armed robbery Wednesday night.
Officers responded to a panic alarm at Mangat's Mini-Mart on East
Liberty Street (see interactive map below) at about 9:30 p.m. Wednesday,
Lancaster police said. The robber pointed a handgun at the employees and
demanded money, police said. One of the clerks also had a gun and fired
shots at the robber, who then ran from the store. About 30 minutes
later, a 17-year-old male was admitted to the hospital with a
non-life-threatening gunshot wound, police said. He has been identified
as Julian Skye Malave and will be arraigned on robbery charges when he
is released from the hospital.
http://www.wgal.com/news/22598680/detail.html
---
Rule Five Reminder, Another Look: Department of Homeland Security
officers don't foster a secure feeling in the homeland when they lose
their guns. Almost 300 firearms - handguns, M-4 rifles and shotguns -
were lost by various DHS agencies during fiscal 2006-08, according to
the department's inspector general. In most cases, carelessness was the
culprit. The inspector general's office says "179 (74 percent) were lost
because officers did not properly secure them." ...Unfortunately, DHS is
not alone. Previous reports by the Government Accountability Office and
the Justice Department found that losing weapons is a problem in various
federal law enforcement agencies. In fact, DHS had fewer losses than
some other agencies...Jon Adler, president of the Federal Law
Enforcement Officers Association, was dismayed at the findings, which he
called "unacceptable." He said that officers must secure their firearms
properly and that better training and supervision may be needed... (Rule
Five: Maintain control of your firearm. It's worth reading some of the
cited examples - I've known private citizens to do similar things.)
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/18/AR2010021802621.html
---
Congratulations: In his sights: A League City [TX] gun store owner is
expected this week to pull the trigger on the $2.8 million purchase of
the building formerly occupied by Circuit City on the southeast corner
of Interstate 45 and FM 646. Bill James, a retired U.S. Army helicopter
pilot who owns The Arms Room, 107 Landing Blvd. in League City, plans to
open a larger gun store and 15-lane shooting range in the
20,304-square-foot building. Five of those lanes will accommodate
training for law enforcement, including night-firing scenarios, James
said. Also, The Arms Room will offer training courses for women, safety
classes for hunters and more, James said. Business is booming and James
needs more space, he said. Most gun shops saw a surge in sales after
President Barack Obama was elected a little more than a year ago. Some
gun owners feared that a Democrat-controlled Congress would restrict the
sale of some weapons. The Obama administration has not initiated such a
move. Still, those concerns continue to drive gun and ammunition sales,
even in a weak economy. When asked whether those fears increased sales
at his shop, James said: "Absolutely. Obama is my favorite gun
salesman." ...
http://galvestondailynews.com/story.lasso?ewcd=a947625a34c3d93b
---
Sabre Defense Responds to F Troop Raid: ...Sabre Defence Industries LLC,
an established manufacturer of firearms and weapon systems to the United
States military, state and local law enforcement, and worldwide
commercial markets, is fully cooperating with federal agents in an
ongoing investigation into potential criminal misuse of certain
non-saleable firearms produced by Sabre and purchased by some of its
employees. Sabre has received information that employee(s) involved in
inventory control may have obtained and re-sold some items without
appropriate licenses. Sabre is and has been cooperating with federal
agents in this investigation... (This would explain why F Troop was able
to search the vehicles of employees, which were most likely included in
the warrant. During WWII, firearms known as "lunch box specials,"
particularly 1911A1 pistols, commonly found their way home with
employees. The loss rate was so high at Union Switch & Signal that the
government yanked their pistol contract and reassigned them to
manufacture bolts, slides and receivers for the M1 Carbine assembled by
a few of the prime contractors. This is the reason that an occasional M1
Carbine will be marked "UN-QUALITY." Receivers manufactured by Quality
Hardware and Machine Corporation were of the expedient "spring tube"
variant while the US&S receivers were of the normal type. US&S receivers
used on National Postal Meter Carbines are marked with a plain "U" on
the bevel at the rear of the receiver, below the other markings.)
http://www.nashvillepost.com/news/2010/2/17/feds_raid_defense_contractor
---
A Bit of Morbid Humor: Video depicts the modern winter biathlon.
http://throwtheball.blogspot.com/2010/02/i-love-biathalon.html
---
Tangentially Related: Two senior House Republicans are accusing the
Interior Department of "working in secret" on a plan to "lock up vast
expanses of land in Western states." A letter to President Obama
Thursday from Reps. Doc Hastings (Wash.) and Rob Bishop (Utah)
highlights an internal Interior list of 14 areas that could be
designated as National Monuments under the Antiquities Act. The list
includes areas such as the San Rafael Swell in Utah, the Northern
Montana Prairie, the Northwest Sonoran Desert in Arizona, and regions in
California, New Mexico, Colorado and other states. The lawmakers fear
Obama will wield executive power to designate large regions where uses
such as oil-and-gas drilling and mining would be greatly restricted. It
is time to end the imperial view of the Antiquities Act under which the
Executive branch claims unlimited and unilateral power to make
designations without regard to the size of the area, the beneficial
resources denied to our country, or the effect on families who are
robbed of the opportunity for good-paying local jobs," states the
letter... (A fascinating set of state maps, depicting both federal and
tribal land, is available at
http://nationalatlas.gov/printable/fedlands.html#list. It is amazing to
see how little land is available for private ownership in a state like
Arizona.)
http://thehill.com/blogs/e2-wire/677-e2-wire/82009-senior-republicans-allege-secret-interior-plot-to-create-national-monuments
---
From AzCDL:
Earlier this afternoon (February 18, 2010), the Senate debated SB 1102
in the Committee of the Whole (COW). The COW debate is the last chance
for a bill to get amended before a formal (Third Read) floor vote by the
full Senate. During the COW debate, Democrat Senator Ken Cheuvront
(
http://azcdl.capwiz.com/bio/id/1881) submitted a hostile amendment,
right out of the Brady Center playbook, which would make it a class 4
felony to not verify citizenship on any private sale conducted at a gun
show. This is the same amendment that was defeated during the Senate
Judiciary Committee hearing on SB 1102. The text of Senator Cheuvront's
amendment is here:
http://www.azleg.gov/legtext/49leg/2r/adopted/s.1102cheuvront1027.pdf .
Initially, Senator Cheuvront's amendment was defeated by voice vote
during the debate on SB 1102. However, parliamentary procedures allowed
him to reintroduce his amendment during the process of "closing" the COW
calendar containing SB 1102 and a number of other bills. At that point,
Senator Cheuvront asked for a recorded vote. As expected, all 12
Democrats in the Senate voted for the Cheuvront amendment. Of the 18
Republicans, Senator Jonathan Paton was not present for the vote, and
the following 3 Republicans "crossed the aisle" to limit your freedoms,
voting to PASS the Cheuvront amendment by a 15-14 vote.
Senator Carolyn S. Allen:
http://azcdl.capwiz.com/bio/id/1886 .
Senator Steve Pierce:
http://azcdl.capwiz.com/bio/id/24366 .
Senator Jay Tibshraeny:
http://azcdl.capwiz.com/bio/id/48998 .
If any one of this "turncoat trio" had voted against the Cheuvront
amendment, it would have failed by 14-15. Joining in the vote of their
fellow Democrats to damage your rights were two Democrats who have
received favorable NRA ratings because of their prior support of
pro-rights firearms legislation:
Senator "Manny" Alvarez:
http://azcdl.capwiz.com/bio/id/136029 .
Senator Rebecca Rios:
http://azcdl.capwiz.com/bio/id/148303 .
It is imperative that we let these 5 senators know, in no uncertain
terms, what a grave mistake they have made. We strongly encourage
everyone receiving this Alert to go to our Action Center and send the
letter that is waiting there. We urge you to express your feelings and
feel free to modify the language we have provided:
http://azcdl.capwiz.com/azcdl/issues/alert/?alertid=14703956 .
This is NOT the end of our attempt to get Constitutional Carry passed
this session. There are several opportunities that we can take
advantage of. However, at this point SB 1102 will not be calendared for
a Senate Third Read (final vote before being sent to the House) until we
have determined the optimum strategy.
Bottom-line: We will not sacrifice your right to privately sell
firearms in order to achieve Constitutional Carry!
Stay tuned! When critical legislation moves, we will notify you via
these Alerts.
If you want to get legislative news as it happens, follow AzCDL on
Twitter:
http://twitter.com/AzCDL_Alerts .
AzCDL "tweets" from the Capitol with committee votes and breaking news
as it happens.
You can also follow AzCDL on Facebook:
http://tinyurl.com/FacebookAzCDL .
AzCDL's Political Action Committee (PAC) is also on Facebook:
http://tinyurl.com/FacebookAzCDLPAC .
These alerts are a project of the Arizona Citizens Defense League
(AzCDL), an all volunteer, non-profit, non-partisan grassroots
organization. Renew today!
http://www.azcdl.org/html/join_us_.html .
AzCDL - Protecting Your Freedom
http://www.azcdl.org/html/accomplishments.html .
Copyright � 2010 Arizona Citizens Defense League, Inc., all rights reserved.
I inserted the following into the text at Capwiz:
Neither state nor federal law require US citizenship to purchase a
firearm lawfully - that right is also extended to permanent resident
aliens. Additionally, most US citizens do not routinely carry proof of
citizenship, such as birth certificates or US passports. Are you
attempting to require all citizens to carry such documentation to gun
shows or are you asking gun owners to engage in profiling? Are you even
aware that licensed dealers are not required to verify citizenship of a
purchaser? The purchaser attests to citizenship on the purchase form.
Are you aware that Arizona has refused to comply with "Real ID," so that
an Arizona driver license may not guarantee that a holder is a citizen
or permanent resident alien?
It is bad enough that the Cheuvront amendment is a solution in search of
a non-existent problem, but for you to support this heavy-handed
criminalization of Arizona citizens for selling their lawfully owned
property is unconscionable, particularly when it is based on a failure
to understand the relevant underlying statutes.
--
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
