More Commentary on McDonald: ...Here is Kmiec's reaction to the March 2
arguments: "Perhaps it is seeing things at a distance that brings
clarity, but even my Maltese law students (diplomats get to guest
lecture from time to time) can see something is amiss when the
'originalists' on the bench favor the nonoriginalist penumbras of
substantive due process over the tender of an historically grounded
'privileges or immunity' argument. Justice Blackmun endured decades of
criticism for his legislating an abortion right from the bench. I made
some of that criticism, and have yet to see it adequately refuted -
well, that is, except by the disappointing inferences of the McDonald
argument coming from the conservative side of the bench. What exactly is
the conservative response to the judiciary devising a new right at the
federal level, fashioning out of whole cloth exceptions to it, and then
contrary to every federalist argument ever attempted, imposing that
which has been federally fabricated upon the democratic choices of 50
states? Justice Thomas sat silently as usual, but as a voice that has
called upon the Court to re-examine the anti-textualism of
Slaughterhouse, here's hoping that his honest voice will be raised - not
necessarily to approve the claim that the drafters and ratifiers of the
Fourteenth Amendment perceived the limitations of that Amendment to
support a non-militia right to 'keep and bear arms,' but to at least
redirect the Court's analysis to - as anyone of a hundred Federalism
chapters or events would proclaim - the constitutional text as it exists..."
http://legaltimes.typepad.com/blt/2010/03/message-from-malta-kmiec-comments-on-arguments-in-chicago-gun-case.html
..Were the justices showing respect for a deeply rooted, 137-year-old
precedent, as several argued? Well, sure. They always show respect for
precedent - except when they don't. Were they showing judicial
restraint, by passing up a chance to grab more power? Doubtful. None of
the nine justices has shown much modesty in finding support for his or
her own policy preferences in the Constitution. Were they worried about
what their ideological adversaries (and future adversaries) might do
with an open-ended license to conjure up new "privileges or immunities"
by refracting selected fragments of historical evidence through their
own philosophies? That's my guess. The justices know that whatever
clarity the text of this and other constitutional clauses may have once
had has receded over many decades, as the clarity of a road sign recedes
in the rearview mirror. They also know that the future content of a
revived privileges or immunities clause would likely hinge on nothing
more objective than the ideological leanings and policy preferences of
future justices and the presidents who pick them...
http://www.nationaljournal.com/njmagazine/or_20100306_2636.php
---
From SAF: A new Rasmussen poll has revealed that an overwhelming
majority of Americans reject the notion that cities have a right to ban
handguns, siding with the Second Amendment Foundation's position in its
lawsuit to overturn the Chicago ban. Oral arguments in the SAF case were
heard by the U.S. Supreme Court on Tuesday. Court observers predict the
high court will overturn the Chicago ban, thus incorporating the Second
Amendment to state and local governments through provisions in the 14th
Amendment. Results from Rasmussen's national telephone survey found that
69 percent of the respondents say cities have no right to ban legal
handgun ownership, while 25 percent believe cities can ban guns... The
Rasmussen poll also found very little difference between current public
sentiment and earlier surveys that noted 70 percent of American adults
believe the U.S. Constitution guarantees the individual right to own a
firearm...
http://www.saf.org/viewpr-new.asp?id=314
The Poll Report:
http://www.rasmussenreports.com/public_content/business/econ_survey_toplines/march_2010/toplines_gun_control_march_2_3_2010
---
After the Pentagon Shooting: Two Pentagon police officers were wounded
yesterday when a man walked up to the entrance of the complex's subway
station, pulled a handgun out of his pocket, and began firing. Officers
returned fire and killed the shooter. A motive for the shooting has not
yet been determined. Immediately, those in favor of gun control seized
upon it as a prime example of why guns should be banned. A posting on
one policical website stated, "this story clearly denies the logic
behind, 'Guns don't kill people; people kill people.'" Except, of
course, that it doesn't. The gun did not drag itself to the Pentagon and
open fire while lying on its side. It required a person to make the
decision to attempt to kill. The follow up logic to support that
assertion was that, "the man obviously wouldn't have the means or
resources to harm these police officers without the use of firearms."
Really? I guess he didn't hear about the Wahiawa, Hawaii desk sergeant
who narrowly avoided being stabbed by a piece of Plexiglas a few days
ago. Not surprising since Plexiglas stabbings rarely make national news.
For a little more mainstream weapon, we can look at Tennessee where
about a week ago a Memphis police officer was attacked and stabbed
multiple times when a suspect pulled out a knife...
http://www.examiner.com/examiner/x-2206-Cleveland-Gun-Rights-Examiner~y2010m3d5-Overreactions-needed-in-order-to-support-gun-control
---
RKBA Bills Advance in Illinois: Several pieces of legislation are moving
through the Illinois Legislature ahead of an expected U.S. Supreme Court
decision concerning a firearm-related lawsuit from Illinois... The
legislation now moving through the Illinois Legislature includes Senate
Bill 1840, which would change the age at which a person could apply for
a FOID card from 21 to 18. Under the current Illinois FOID law, people
under 21 must have the signature of a parent or legal guardian allowing
them to apply for a FOID. SB 1840 was passed through a committee this
week and will now be debated on the Senate floor. FOID cards are
required in Illinois to purchase or possess firearms and firearm
ammunition...
http://www.carmitimes.com/news/x2096601386/Gun-legislation-moving-through-state-legislature-ahead-of-decision
---
RKBA Fight Continues in Delaware: For years, possibly decades,
Delaware's four housing authorities have told residents they cannot keep
firearms in their homes. The provisions went unchallenged - until now.
The National Rifle Association, one of the most potent lobbying forces
in American politics with a bankroll to match, has sent letters to all
four authorities asking them to rescind their bans or face a lawsuit.
The threats have left authority officials scrambling for legal advice,
sparked a House bill to remove the authorities' power to implement such
policies and prompted an emphatic letter from Gov. Jack Markell that the
legislation would reverse other firearms restrictions statewide. The
Wilmington Housing Authority and Delaware State Housing Authority are
consulting with their attorneys before deciding what do do. The Dover
Housing Authority is seeking an attorney general's opinion, and the
Newark authority rescinded its policy after receiving the NRA's letter...
http://www.delawareonline.com/article/20100306/NEWS02/3060358
---
Open-Carry Demonstration in California: Decades ago, Palo Alto's
downtown Lytton Plaza was the scene of protests by young activists
testing their First Amendment rights to free expression. Today, a group
of gun-rights advocates will exercise their Second Amendment rights by
congregating in the plaza with unloaded firearms in plain view. Bay Area
members of the national "open carry" movement said they chose the city
in part because it is one of the few in the state that has a municipal
ban on gun possession [emphasis added]. Don't expect any '60s-style
confrontations with authorities, however. Palo Alto officials said
Friday they will not attempt to enforce the city's ordinance, since it
is superseded by state law allowing people to carry guns openly as long
as they're not loaded. "We're not going to try to fight state law on
this," said Palo Alto police Lt. Sandra Brown. "We're just going to let
it happen." The meet-up was organized by Paul Gregg, a 32-year-old
systems consultant who lives and works in Palo Alto. He planned the
event online via Facebook, Twitter and the discussion forum for the Web
site OpenCarry.org, which has become ground zero for the national
open-carry movement as it has taken off in the past five years. Gregg
said he's hoping for turnout comparable to that of a recent open-carry
event in Walnut Creek that drew close to 100 people... (Palo Alto is
home to Stanford University.)
http://www.mercurynews.com/breaking-news/ci_14524201
---
No Surprise in New Jersey: Matt Carmel is a card-carrying member of the
National Rifle Association who lives here, a left-leaning suburban basin
with annual "Be About Peace" days. He has had polite differences of
opinion over the years, evidenced by signs on his front lawn reading
"I'm the NRA and I Vote." But now he's really miffed. Carmel, a licensed
gun dealer, applied to sponsor a team in the local Babe Ruth/Cal Ripken
baseball league, using the name of his business - Constitution Arms. He
was rebuffed... It all started in October, when Carmel, an NRA certified
pistol instructor and licensed firearm dealer, sent a letter to the
South Orange-Maplewood Baseball Committee, which oversees 120 softball
and baseball teams with 1,250 children ages 5 to 15. Since his
10-year-old son, Kalman, had played the season before, Carmel wanted to
put up the $300 fee to sponsor a team himself. But in an 8-1 vote, the
volunteer committee said thanks, but no thanks...
http://www.nj.com/news/index.ssf/2010/03/nj_kids_baseball_league_reject.html
---
But in Yavapai County, of All Places...: ...What I really don't
understand is the phrase "a god-given right." Whose god is it that
condones having an instrument whose sole purpose is to maim or end
another's life? Did your god declare some religious crusade against
others? Yes, the Second Amendment and more importantly many court
decisions since give each and every one of us the right to own a firearm
or even an arsenal larger than that of a local SWAT team. What hardly
ever gets written in letters to the editor is that this Second Amendment
didn't just appear. Its origins were with the 1689 English Bill of
Rights. One of the rights were for Protestants to be able to bear arms
to protect themselves. There was also a tradition, because of the
absence of local police, in Britain that if some of the local population
had firearms, then they could be gathered together at times when some
type of law enforcement activity was needed. The Second Amendment is
just that - an amendment that was created, along with nine others, to
have all 13 colonies come together into one union. And since the
sentiment was against having a standing national army, it was a good
idea to be able to raise militias for defense against outsiders... (I
refer to Yavapai County AZ as the firearms-instructor capital of the US.
As a result, it has drawn a large number of gun-owning refugees from
such venues as California. I attempted to reply to this non sequitur
but, for some reason, I have no luck getting past those "anti-spam"
verification codes.)
http://www.dcourier.com/main.asp?SectionID=36&SubSectionID=1120&ArticleID=78462
---
Support for Starbucks: ...Like any business, Starbucks doesn't want to
needlessly anger customers, particularly as the Seattle-based chain
tries to fend off heightened competition from larger rivals such as
McDonald's (MCD) during these turbulent economic times. Investors are
betting on Starbucks and have sent its shares up more than 159% over the
past year. "While we deeply respect the views of all our customers,
Starbucks' long-standing approach to this issue remains unchanged," the
company says. "We comply with local laws and statutes in all the
communities we serve. In this case, 43 of the 50 U.S. states have
open-carry weapon laws." It's that simple - and that complicated. If
customers are following the law and not being disruptive, why should
they be forced to leave Starbucks or any other public place. Even Brady
Center spokesman Peter Hamm agrees that the open-carry Starbucks
customer aren't breaking the law. Nonetheless, the long-time foe of the
National Rifle Association accuses Starbucks of kowtowing to the whims
of "extremists." The Wall Street Journal notes that it is legal in
California to carry unloaded weapons almost anywhere. If customers don't
like the policy, they can buy their java elsewhere. Starbucks can always
change its mind if business drops off. It's unfair to pick on the coffee
chain. Walmart (WMT), Home Depot (HD), Best Buy (BBY) and Barnes & Noble
(BKS) take similar positions, according to The Journal. Officials from
Walmart, Home Depot and Best Buy couldn't be reached for comment. A
Barnes & Noble spokeswoman confirmed the paper's account...
http://www.dailyfinance.com/story/company-news/starbucks-makes-the-right-call-on-gun-rights/19383408/
---
Ohio Reporter Faces Fear of Guns: Anne Adoryan wants to help people
think before they fear. But, before she can do that, she first must face
her fears. Adoryan is a producer for a law radio show. She is
researching the Supreme Court case McDonald v. Chicago, which could
address if Second Amendment rights extend beyond federal to local and
state laws. In short, the Second Amendment establishes the right to bear
arms. Otis McDonald has sued the city of Chicago for an ordinance
banning handguns and automatic weapons within its borders... Adoryan's
experience with firearms is limited to one time she went rifle shooting
with a former boyfriend. She said she's not necessarily scared of using
guns, just scared of the power they have and how she would react to
them... Leah Madachik, a firearms trainer at Sherwin, is not so
different from Adoryan. She grew up in a household without guns, partly
because her grandfather shot himself... After the questions, Madachik
showed Adoryan different handguns and explained the differences between
automatic handguns and revolvers as well as double and single actions.
Then, she took Adoryan to the range as the Sherwin employees had done
for her beforehand. Adoryan fired three different handguns. She
hesitated less each time she pulled the trigger. "You're a deadshot,"
Madachik exhorted after Adoryan nailed one bull's-eye. Adoryan admitted
that she still had some trepidation after her interview and experience
on the shooting range...
http://www.news-herald.com/articles/2010/03/06/news/nh2185402.txt
---
Unintended Consequences and More: ...To further add to the mix, a
considerable amount of the criminal element are now painting the tips of
their 'Real Weapons' with an orange tip. It's easy to understand their
reasoning. Once again, Law Enforcement find themselves in a deeper
hole. Ironically, if this criminal who has no criminal record and is
allowed to own this weapon in the first place, there is no law
preventing him from painting the tip of his real gun orange in the
attempt to make it appear as a toy. You would think that this would be
the end. Not so. We also have several so called law abiding citizens
complete with Concealed Carry Permits who are also painting the tips of
their weapons orange. The worst offender is an individual named Leonard
Embody.
Embody carried his AK 47 pistol around Radnor Lake dressed in
camouflage. While he apparently broke no laws, it appears this was done
just for the shock value. When confronted by park rangers, detained, and
ultimately released, Embody is now suing the Park Ranger giving the
reason that he was detained longer than necessary for the ranger to
determine whether or not he was committing a crime... While "Orange
Tips" appeared a good idea at the time of inception, it ultimately
becomes another (toy) gun regulation that does not work. This sounds so
familiar..... With all the problems with orange tips, one can speculate
that the next law to emerge will make it illegal to paint the tip of a
real gun orange. Of course, that will completely solve the problem in
exactly the same way gun laws have solved the problems in the past.
(Embody seems to be on a mission to provoke various police departments
so that he can win at least one lawsuit. In another instance, he availed
himself of a post-Bellum ordinance in a small city that only permits
carry in the hand of an Army revolver and walked down the street with a
loaded cap-and-ball revolver in hand.)
http://www.examiner.com/x-38782-Tucson-Gun-Rights-Examiner~y2010m3d5-Orange-tipped-toy-guns-A-good-idea-gone-bad
---
Oops, Wrong Driver: Chaos erupted at a Family Dollar store when a man
with a knife chased customers and was shot dead. Witnesses at the store
near Delano and North Watkins say the attacker picked the wrong victim.
"He got what he deserved," says one woman. "It's as simple as that."
Police say a man with a knife raced through the parking lot just after
3:00 p.m.. Witnesses say the man chased a delivery driver and others,
but was killed when he tried to lunge his knife at one driver leaving
the parking lot. The driver pulled a gun and killed his attacker on the
spot. "I just seen him shoot down. I thought he was just shooting in the
ground. Obviously, he was shooting the gentleman with the knife," says
Byron Cook who watched the ordeal from start to finish, along with his
three year-old grandson. Witnesses say two little girls were inside the
car when the attacker lunged at the driver... Jones heard roughly six
shots, then saw the man on the ground with the butcher knife still in
hand. Witnesses can't make sense of the attacker's motive, but they're
certain the shooting was self-defense... Witnesses say the shooter was
stabbed, but appeared to be okay. Police have not released the name of
the attacker.
http://www.wreg.com/news/wreg-man-with-knife-shot-dead,0,2103052.story
---
Oops, Wrong Store: A Vicksburg [MS] store owner who shot an armed
robbery suspect to death will not face criminal charges because the
shooting was in self-defense, said Assistant Police Chief Jeffery Scott.
The suspect, who had not been identified late Friday, was killed
Thursday after a four-mile car chase that ended in a crash at the U.S.
61/I-20 westbound access ramp. Police are still seeking a second
unidentified suspect, who fled from the scene. The store owner, whose
name authorities are not releasing, chased two robbers from the La
Chiquita grocery store, 4002 U.S. 61 South, in an attempt to get the
license number of the Toyota Corolla the robbers were driving, Scott
said Friday. The suspects shot at the store owner, who returned fire and
shot the suspect who fell from the bridge and died. The store owner told
police he saw the man fall. Police found the body Friday morning... The
second suspect also may have been shot, Scott said. The two men entered
the convenience store on U.S. 61 South around 8 p.m. Thursday and put a
SKS semi-automatic rifle to the clerk's head, Scott said. "They ordered
her to the ground and struck her in the back of the head," Scott said.
The men then stole cash and merchandise from the store and took a wallet
from an unidentified male customer who was inside. No one was shot
during the robbery. The clerk was treated at a local hospital and
released. The store's owner, who was inside the attached restaurant when
the robbery occurred, chased after the suspects' vehicle... (All's well
that ends well but it's probably not a good idea to chase the suspects
after the robbery has ended. Not all jurisdictions may be as tolerant of
this as Mississippi.)
http://www.clarionledger.com/article/20100306/NEWS/3060341/1001/NEWS/Store-s-owner-won-t-be-charged
---
No Charges in Self-Defense Shooting: A man in Bladen County [NC] will
not face charges in the shooting death of his girlfriend's father last
year. On October 29th, investigators say Caleb Stoker, 22, shot Ricky
Carroll up to five times during an argument. Investigators also said at
the time that Carroll may have hit Stoker with a lead pipe. The
incident happened in Tory Hole Park. After months of investigating,
Bladen County District Attorney Rex Gore announced Thursday that
authorities with SBI and the Elizabethtown Police Department were not
able to rule out self-defense in this matter. Gore stated that the state
has the burden of proof on self defense. Gore says there is no evidence
to refute the self defense claim, so they can't bring charges...
http://www.wect.com/Global/story.asp?S=12088962
---
Meanwhile, in California...: A judge today sentenced a Sacramento man to
the four months in jail that the man had already served for the shooting
to death of a parolee who confronted him in the front yard of his Oak
Park home last year amid a heated neighborhood dispute. James Sanchez
Castillo, 31, faced up to a year in county jail as a result of his
no-contest plea to a manslaughter charge in the April 24, 2009, killing
of Leopoldo Velasco III, 23, in the 3900 block of 17th Avenue. Castillo
had initially been charged with murder in the case. Prosecutors,
however, allowed him to enter the no-contest plea to manslaughter based
on evidence provided by the defendant's lawyer that Velasco ran up on
Castillo "and started a loud and angry argument, pushed him several
times and threatened to kill him," according to defense attorney Karol
Martin Repkow's court papers. A window washer with three kids he was
raising on a monthly income of $1,200 a month, Castillo was carrying a
handgun to protect his house after a week of confrontations that had
pitted his wife against Velasco's girlfriend, who lived next door.
Castillo shot Velasco three times. Sacramento Superior Court Judge
Maryanne G. Gilliard agreed from the bench today that the case included
a major slice of self defense. "In America, you still have the right to
defend yourself on your own property," Gilliard said...
http://www.sacbee.com/static/weblogs/crime/archives/2010/03/sacramento-man-44.html
---
NRA-ILA Alerts: List members are encouraged to check the alerts for the
week, posted on the NRA-ILA website.
http://www.nraila.org/GrassrootsAlerts/read.aspx
---
From AzCDL:
Constitutional Carry was on the Senate Appropriations Committee agenda
for a rare Friday, March 5th, meeting. Normally this committee does not
convene on Friday. Senators who had to travel long distances from their
home districts were unable to attend and a quorum would not have been
attained. As a result, the Senate Appropriations Committee has been
rescheduled for Monday, March 8th after the "floor" session has
adjourned, around 2 PM. The good news is this allows you to continue to
urge committee members to support Constitutional Carry:
http://capwiz.com/azcdl/issues/alert/?alertid=14750316 . If you have
already sent an email, it is not necessary to do so again.
The sponsor of SB 1108, Appropriations Committee Chairman Senator
Russell Pearce, has proposed a "strike everything" amendment that
replaces SB 1108, in its entirety, with the intended language from SB
1102 (Constitutional Carry). SB 1102, which was headed for a Senate
floor vote, was derailed after the attachment of the hostile Cheuvront
amendment during the Senate Committee of the Whole (COW). It is
critical you continue to urge the Senate Appropriations Committee
members to support the amended SB 1108. Join those who have already
contacted the committee! A letter has been prepared and is waiting for
you at our Action Center:
http://capwiz.com/azcdl/issues/alert/?alertid=14750316 .
In other news, SB 1168, the Senate version of the firearms preemption
bill, passed out of the Senate COW on Thursday, March 4, 2010. As
expected an attempt was made to add a hostile amendment using the same
shenanigans that scuttled SB 1102. This time the votes weren't there.
The hundreds of emails that YOU sent last week had an effect!
With some legislators vacating their seats to run for other elected
positions, there have been some committee reassignments and temporary
appointments. We mentioned a few days ago that Representative Frank
Antenori, who sponsored the House version of Constitutional Carry (HB
2347), has been appointed to replace Senator Jonathan Paton, who vacated
his seat to run for the U.S. House of Representatives.
We recently learned that Senator David Braswell has replaced Senator
Steve Pierce in the Senate Appropriations Committee that is hearing
Constitutional Carry on Monday. Senator Chuck Gray has been appointed
Chairman of the Senate Judiciary Committee and Senator Ed Bunch has been
appointed to the Senate Judiciary Committee.
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. Join 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.
--
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
