Will Scalia Vote Against Incorporation?: ...In 2008 Scalia wrote the
majority opinion in the court's 5-4 decision to strike down a local
handgun ban in Washington D.C., a unique federal enclave. The question
in McDonald, which is a challenge to bans in Chicago and Oak Park, Ill.,
is whether the ruling applies to states and cities. In his 1997 book, "A
Matter of Interpretation," Scalia wrote that he viewed "the Second
Amendment as a guarantee that the federal government would not interfere
with the right of the people to keep and bear arms." Yet, he added,
"properly understood, it is no limitation upon arms control by the
states." Now a claim to the contrary - that the Second Amendment does
limit arms control by the states - is being decided. Does Scalia still
believe what he wrote? Through a court spokeswoman, Scalia declined to
comment to WSJ...
http://blogs.wsj.com/law/2010/02/19/when-gun-case-is-heard-by-supremes-will-scalia-flip-flop/
..But does that mean Scalia will have to "flip-flop" in order to apply
the Second Amendment to the states? Not if he follows the text and
history of the Privileges or Immunities Clause. Although it was
notoriously gutted by the Court in the 1873 Slaughterhouse Cases, the
Privileges or Immunities Clause was specifically designed to protect
individual rights from abusive state and local governments - including
the right of armed self-defense. (Could this be one reason why Gura,
McDonald's attorney, unlike the NRA, has focused on the Privileges and
Immunity clause?)
http://reason.com/blog/2010/02/19/does-justice-scalia-think-the
---
Big Brother and the RKBA: Stumping in Virginia in September 2008, Barack
Obama reassured a crowd, "I believe in people's lawful right to bear
arms. I will not take your shotgun away. I will not take your rifle
away. I won't take your handgun away." More than year into his
presidency, Obama has proved as good as his word. The administration has
had little to say about personal firearms, except that they should be
permitted in national parks and on Amtrak trains. Obama's near-silence
on gun control has prompted a few analysts to try and triangulate his
position on the issue. With three years left in Obama's term, what can
gun owners expect? ... (Article goes on with capsule summaries and links
to four articles with varying points of view. Personally, I think he's
laying low and, as soon as he feels that it can no longer hurt him
politically, I expect at least one hostile executive order - banning
imports of firearms and ammunition from Russia.)
http://www.theatlanticwire.com/opinions/view/opinion/Is-Obama-Pro-Gun-2582
---
Two More Days: Loaded guns will be allowed in Yellowstone, the Grand
Canyon and other national parks under a new law that takes effect
Monday. The law lets licensed gun owners bring firearms into national
parks and wildlife refuges as long as they are allowed by state law. It
comes over the objections of gun-control advocates who fear it will lead
to increased violence in national parks... Gun owners have rushed in
record numbers to get concealed weapons permits, saying they worry
President Barack Obama and the Democratic Congress may impose stricter
gun laws. The National Rifle Association lobbied hard to allow guns in
parks and has spent millions to challenge its opponents... As of Monday,
guns will be allowed in all but about 20 of the park service's 392
locations, including some of its most iconic parks: Yellowstone, the
Grand Canyon, Great Smoky Mountains, Yosemite and Rocky Mountain
National Park. Guns will not be allowed in visitor centers or rangers'
offices, because firearms are banned in federal buildings, but they
could be carried into private lodges or concession stands, depending on
state laws... (This article errs in implying that gun owners must be
licensed to carry in national parks. They need only be licensed if the
surrounding state requires licensure for the form of carry in which they
engage.)
http://www.azcentral.com/news/articles/2010/02/19/20100219loaded-guns-national-parks.html
---
Linking the RKBA to Crime: A time-honored strategy of the forcible
citizen disarmament lobby is to paint a distorted picture that links gun
owners with criminals. When I say "time-honored," I mean just that. The
National Firearms Act (NFA) of 1934 is a prime example. Putting onerous
federal controls, including prohibitive (for the time) taxes on machine
guns, suppressors (aka "silencers") and short barreled rifles and
shotguns, the NFA was billed as a solution to rampant gang crime. That
completely ignored the fact that with the 21st Amendment's ending of
Prohibition in 1933, the engine driving that rampant gang violence had
already been effectively stalled. More recently, opponents of the Gun
Control Act of 1968, which was passed on the wave of anti-gun emotion
following the assassinations of John and Robert Kennedy and Dr. Martin
Luther King, Jr., could be tarred as assassins' allies, despite the
extreme dubiousness of any claim that the GCA has thwarted any
assassinations...
http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2010m2d19-Is-an-Illinois-lawmaker-trying-to-conflate-progun-with-procrime
---
O'Reilly Supports Emergency Confiscation: As we have often reported, in
the wake of the illegal gun confiscations in New Orleans following
Hurricane Katrina, NRA focused its attention on legislation to amend
existing emergency-powers statutes to guarantee that local authorities
never again attempt the confiscation of lawfully owned firearms during
states of emergency... Entering into the fray this week was Bill
O'Reilly, host of The O'Reilly Factor, on Fox News. In a February 18,
interview that discussed, in part, the confiscation of legally-owned
guns during a declared state of emergency (as was the case in the
aftermath of Hurricane Katrina), O'Reilly affirmed his support of such
confiscations. When it was explained to O'Reilly that whether or not
there's a state of emergency, it's still unconstitutional to confiscate
lawfully-owned guns from honest citizens wanting to defend themselves,
the Fox talking head retorts, "That's a pretty extreme position."
Perhaps in your opinion, Bill. But for most law-abiding Americans, the
notion that the government can suspend the Constitution and leave
citizens without the most effective means of self-defense just because
of a snowstorm or hurricane - well, that would qualify as an extreme
position... (O'Reilly has previously supported bans on the private
ownership of military-pattern firearms. Video is available in the second
link.)
http://www.opposingviews.com/i/bill-o-reilly-supports-confiscating-guns-in-time-of-emergency
http://www.prisonplanet.com/bill-oreilly-supports-gun-confiscation-during-weather-emergencies.html
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m2d19-Conservative-Bill-OReilly-supports-gun-confiscation-in-emergencies
---
Don't Bring a Notebook to a Gunfight: ...The events of this Tuesday at
Lockwood Library were a near miss for the University at Buffalo, and at
the very least it should serve as a wakeup call... What if there had
been a shooting? At Virginia Tech, the gunman had killed 30 people,
wounded 17, and committed suicide all within 12 minutes. There would
be no time for orderly evacuations, no time for e-mails that took an
hour telling students to go home, and no time to sip coffee in Alfiero
discussing the unfolding events across the street... The concealed carry
movement, an ideology that has been steadily gaining ground over the
last decades, offers a valid solution. Recognizing that each and every
person is their own first line of defense, able to respond in seconds
rather than the time it takes for the police to arrive and draw chalk
lines. It has embraced the Second Amendment right of Americans to keep
and bear arms-a majority of Americans affirm it is an individual right.
As of 2010, 48 states, including NY, allow private citizens to apply for
and obtain a Concealed Carry Weapons permit...
http://www.ubspectrum.com/article/41319
---
Campus-Carry Group Wins Recognition: In a complete reversal of its
position, a community college in Pennsylvania has approved the
registration of a student group advocating personal protection, called
Students for Concealed Carry on Campus. According to The Foundation for
Individual Rights in Education, a nonprofit educational foundation that
works on behalf of individual rights, due process, freedom of
expression, academic freedom, and rights of conscience at colleges and
universities, the case involved student Christine Brashier. Brashier had
sought help from the organization after officials at the Community
College of Allegheny County first banned her from trying to organize a
chapter and threatened her with disciplinary action then reaffirmed that
activity would not be permitted on campus...
http://www.wnd.com/index.php?fa=PAGE.view&pageId=125608
---
And in Oregon...: There will always be a public debate over the issue of
firearms and other weapons in our society. One aspect that needs no
debate is the standing state laws regarding these weapons. These laws
are set up through our democracy in a civil way to govern ourselves. It
is by following a democratic process that we have progressed so far as a
nation and a state. It is unfortunate that the Oregon State Board of
Higher Education does not follow this philosophy and has decided to
craft and enforce their own rules, regardless of their contradiction
with state law... Under OAR 580.022.0045, the Board currently holds a
policy that no person shall carry a firearm on any university campus
unless authorized by law. One would assume this implies that a person
holding a CHL is perfectly within the law to carry their firearm.
However, in a letter to the PSU community on April 25, 2007, during the
wake of the Virginia Tech shooting, Chief of Campus Public Safety
Michael Soto stated that "any students, faculty, staff or members of the
public that bring weapons onto campus will be subject to discipline and
possible criminal prosecution." Interpretation of this policy has been
widely disputed as to whether a person holding a CHL can carry a firearm
on campus. No clear answer has been determined...
http://www.dailyvanguard.com/editorial-sights-on-gun-laws-1.2161203
---
Connecticut Gun Owners Win One Round: State police are dropping a
proposal that critics complained would have banned private sales of
rifles and shotguns in Connecticut. The short-lived recommendation from
the Department of Public Safety angered gun owners and organizations
that support gun ownership. The commissioner of public safety agreed
Thursday to drop the controversial proposal from an omnibus bill that
suggested a number of changes to firearms laws... Despite the welcomed
deletion, gun owners and their advocates still strongly oppose remaining
provisions of the bill, including ones that would require additional
notification for gun shows and reduce the time for reporting handgun
sales. Gun show promoters must now notify local police departments of
the time, place, duration and location of a show within 30 days of the
event. The legislation adds the commissioner of public safety. State law
now requires private individuals and retailers to report handgun sales
or transfers within 48 hours. The legislation proposed to halve the
reporting deadline to 24 hours.
http://www.rep-am.com/articles/2010/02/19/news/local/467738.txt
---
Wyoming Gun Owners Blitz Legislators: When state Rep. Keith Gingery,
R-Jackson, sat down for dinner on Thursday evening, his e-mail inbox was
empty. By the time he finished eating, he had 54 new e-mails - all
urging his support for two bills that would loosen gun laws in Wyoming.
For the past several days, state legislators have been targeted with an
unprecedented e-mail blitz coordinated by the Cheyenne-based Wyoming Gun
Owners Association. The e-mails, most of which use similar language, ask
legislators to support House Bill 113, which would no longer require a
permit to carry a concealed weapon in Wyoming, and House Bill 95, the
Firearms Freedom Act, which asserts that guns made and sold in Wyoming
are exempt from all federal gun control laws. Both bills advanced in the
state House on Friday. If they pass the House next week, both pieces of
legislation would go on to the state Senate for consideration. Anthony
Bouchard, director of the Wyoming Gun Owners Association, said his group
has sent about 1,200 e-mails to state representatives and state senators
since last week. The nonpartisan group, which started just after the
2008 general election, spread the word about the legislation through the
Internet and e-mail out of concern that the bills would be killed or
watered down...
http://billingsgazette.com/news/state-and-regional/wyoming/article_8f5a10da-1de6-11df-b5f4-001cc4c002e0.html
---
Browning Holiday Plan Offends NAACP: A state senator who floated the
idea of commemorating Utah's most famous gun maker with a state holiday
on the same date as that honoring slain civil rights leader Martin
Luther King Jr. said he'll seek another date because of backlash he
faced this week. Instead, Sen. Mark Madsen, R-Lehi, said he'll ask
veterans' groups if they would like to share either Veterans Day or
Memorial Day, and will ask the LDS Church if it's appropriate to share
the July 24 Pioneer Day state holiday with the late Ogden gun inventor
John M. Browning. Madsen said he had never officially chosen Martin
Luther King Day - the third Monday in January - for his legislation, but
considered it because it falls near Browning's birthday. He blamed media
reports of the idea for derailing it before he had a chance to talk with
black leaders... The Salt Lake chapter of the National Association for
the Advancement of Colored People roundly rejected any joint holiday for
King, and particularly objected to one with a gun maker. "Dr. King was
assassinated, and he was assassinated with a gun," said Jeanetta
Williams, NAACP chapter president... "Certainly there was a shot that
killed Dr. King," Madsen said. "On the other hand, there's been many
shots fired from Browning firearms that have saved tens of thousands -
hundreds of thousands - of American lives."
http://www.sltrib.com/news/ci_14429397
..Browning deserves to be remembered. He was a genius at improving and
creating firearms designs. He is a source of pride for the state. He
left a legacy, and his memory should be preserved for future
generations. Whether the state needs to create a holiday to do so is a
matter for further discussion. But if so, it must be done on a different
date. It took Utah lawmakers years to change a holiday from a generic
human rights day to one specifically honoring King. It took even longer
to convince them to not meet in session on that day. The current crop of
legislative leadership has a much better understanding of the importance
of civil rights in the nation's history. Creating a Browning day on that
holiday now would be an act loaded with hidden meanings and animosities.
It would set the state back decades. We're glad Madsen's idea seems to
have little traction.
http://www.deseretnews.com/article/700010496/A-slap-at-civil-rights.html
---
MLB Bans Weapons: Major League Baseball has a new message for players
and employees this spring training: Keep guns, long knives and
explosives out of the clubhouse. Signs have been placed in spring
training locker rooms stating "individuals are prohibited from
possessing deadly weapons while performing any services for MLB." The
rules apply to employees of the commissioner's office, other central
baseball businesses and to teams, including players. A baseball official
said MLB developed the rules last year after former NFL star Plaxico
Burress accidentally shot himself, which led to a two-year prison
sentence. The official spoke on condition of anonymity because comments
weren't authorized. Guns became a controversy in the NBA this season,
when Washington guard Gilbert Arenas was suspended indefinitely without
pay by commissioner David Stern. Arenas brought guns to the Verizon
Center; the NBA labor contract bans weapons at league facilities. New
baseball players' association head Michael Weiner said the rules were
put in place last season but the signs were not posted until now...
http://sports.yahoo.com/mlb/news;_ylt=Ak.3xZlhUdTPJ_DrcqlNQSU5nYcB?slug=ap-clubhouses-gunsbanned&prov=ap&type=lgns
---
Meanwhile, in Tennessee...: Last Friday, WATE-TV, Knoxville reported UT
guns policy differs for students vs. student-athletes. Reporter Harlow
Sumerford spoke with Athletic Director Mike Hamilton, and Hamilton
stated, "We have stood in front of all the head coaches and
student-athletes and said, 'No guns.'" ...Perhaps the University of
Tennessee Athletic Department should conduct criminal background checks
on prospective athletes. They could then use this information and
refrain from recruiting those known to be potential troublemakers.
http://www.examiner.com/x-28023-Knoxville-Gun-Rights-Examiner~y2010m2d18-Does-University-of-Tennessee-discriminate-against-studentathletes
---
GOA Endorses Hayworth in Arizona Senate Race: John McCain has gone out
of his way to earn the ire of conservatives and gun owners in his
20-plus years as a U.S. Senator from Arizona. Perhaps his crowning
legislative achievement was so-called campaign finance reform, or the
McCain-Feingold law. This law put the muzzle on organizations such as
GOA, prohibiting any broadcast advertisements within 30 days of a
primary election and 60 days of a general election that even mention the
name of a candidate for federal office... But it should not come as a
surprise that McCain does not want voters hear about what he's up to in
Washington, because the same person who holds the First Amendment in
contempt would also like to run the Second Amendment through a shredder.
John McCain may have begun as a pro-gun legislator, but when he decided
to become a gun control "maverick," he went all out. Since his
conversion to a gun control advocate over the last ten years, McCain has
favored a ban on small and inexpensive handguns and considered a ban on
certain semi-automatic firearms (so-called assault weapons)...
Thankfully, this year gun owners have a choice. Former Rep. J.D.
Hayworth, who was "A" rated by Gun Owners of America in his twelve years
in the House of Representatives, is challenging McCain in the 2010
Republican primary...
http://www.ammoland.com/2010/02/19/gun-owners-of-america-political-victory-endorses-hayworth-for-congress/
---
Oops, Wrong House, Version 1: Houston [TX] police said a 23-year-old man
tried to break through a window to get into a home on Blueberry Lane
near Bluegrass Street at about 9:30 a.m. Investigators said the
homeowner woke up, grabbed his shotgun and fired shots as the man was
going through the window... The intruder fell out of the window into the
yard and died, officials said. His family identified him as Roosevelt
Jackson Jr. Jackson's pastor said he joined a local church three weeks
ago and a Bible study group prayed for positive changes in his life.
Family and friends described the homeowner as distraught after the
shooting. "It's going to change his life. I don't think he's ever going
to be the same," neighbor Elizabeth Moody "He's a good person. He'll
imitate anyone and make you laugh. He's a character. You would like him,
too." The case will be referred to a Harris County grand jury without
charges.
http://www.click2houston.com/news/22589798/detail.html
---
Oops, Wrong House, Version 2: A north Harris County [TX] man shot a pair
of suspected home invaders on Friday, killing one and wounding the
other, during a gunbattle outside his house, officials said. The
homeowner was also wounded, authorities said. "He was shot by one of the
suspects," said Sgt. Craig Clopton with the Harris County Sheriff's
Department. His condition was not available. Gunfire erupted at 11:30
a.m. at a home in the 1300 block of Spring City after two people forced
open the front door, officials said. The homeowner and the suspects both
were armed and exchanged gunfire, authorities said. One attacker, an
adult, fell to the ground in the yard. He was later pronounced dead at
the scene. The wounded juvenile ran to a nearby home in the 14000 block
of Coveney and pounded on the front door... Irma Miranda, who has been
staying at her brother's home for the last few months, said the area has
recently been plagued with crime... Sheriff's officials at the scene
could not confirm whether Friday's home invasion suspects could be
linked to other crimes in the area.
http://www.chron.com/disp/story.mpl/hotstories/6875461.html
---
Tangentially Related: He's too detached and cerebral. Too deferential to
Congress. Too willing to compromise. And he's too much of a law
professor and not enough of a commander in chief, as Sarah Palin
recently admonished. These are some of the qualities for which the
president, rightly or wrongly, is criticized. They are also the
qualities that make him well suited for another steady job on the
federal payroll: Barack Obama, Supreme Court justice... It would be
unusual, but not difficult, for Obama to get himself on the Supreme
Court. He could nominate himself to replace John Paul Stevens, for
example, or he could gamble and promise Hillary Rodham Clinton that he
won't run for reelection in 2012 in exchange for a pledge of appointment
to the next vacancy. And although as president, Obama has seemed haunted
by the example of his political hero, Abraham Lincoln, on the Supreme
Court he could take up the mantle of the greatest liberal justice of the
20th century, Louis Brandeis, another community organizer with a
background in politics. In the end, Obama's legacy on the court might
surpass his legacy in the White House... (Only one prior president,
William Howard Taft, not only went on to serve on the Supreme Court, but
served as Chief Justice.)
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/18/AR2010021803275.html
---
From AzCDL:
In our Alert we mentioned that Senator Paton was not present for the COW
debate on SB 1102. Some of you expressed concern over his absence
during a critical vote and asked about it.
We have learned that Senator Paton was not at the Capitol because of a
family medical emergency. He supports SB 1102 and voted for it during
the Senate Judiciary Committee hearing. He also voted against the
Cheuvront amendment in the Senate Judiciary Committee hearing.
To all of you have sent emails to the 5 Senators - Thank you!!
If you have not sent your emails go here:
http://capwiz.com/azcdl/issues/alert/?alertid=14703956 .
(SB 1102 is the constitutional-carry bill, which would eliminate the
requirement for a permit to carry a concealed weapon.)
--
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
