Arizona List Members: Be sure to read the AzCDL Alerts below - today is
the day of the final votes on constitutional carry and firearms preemption.
---
And One More Thing...: There was so much rifle material from John Farnam
on Sunday that I neglected to make one comment about zeroing. When a
rifle is zeroed for long range, as is typically done with a scoped
rifle, many people will initiate the process at 25 yards. Once the final
zero is achieved, it is useful to shoot a reference target at 25 yards,
typically on a grid-style zeroing target, and take this target when
traveling. This way, if you wish to confirm your zero, you can do so at
25 yards, a range which might be much more readily available than say
250 yards. For example, if you have zeroed for 250 yards and that zero
places your shots 1 �" low at 25 yards, you need only confirm or re-zero
that point of impact at 25 yards.
---
Halbrook Faulted in Second Heller Suit: ...Stephen P. Halbrook, the
attorney who filed this suit against the District, correctly argued that
gun ownership for the purpose of self-defense is a fundamental right.
Such rights compel the courts to apply a "strict scrutiny" to
restrictive laws to ensure that they are narrowly tailored to serve a
significant governmental interest. Gun control advocates insist that
public safety is just such an interest, but Mr. Halbrook declined to
cite the direct empirical evidence needed to establish a record for
higher courts on whether gun control reduces crime. Under strict
scrutiny, such laws must be struck down unless the District can show
that gun control is essential to reducing crime rates. Mr. Halbrook's
reluctance to cite the empirical evidence explicitly linking guns and
crime is unfortunate because gun control laws have demonstrably failed
to yield any of the benefits promised. Take the regulations on which
Judge Urbina ruled. The evidence shows that rules increasing the cost
and burdens of handgun ownership make crime more likely. Books such as
"The Bias Against Guns" and "More Guns, Less Crime" show that gunlocks,
assault-weapon bans and registration rules do not lower crime rates and
might instead increase them... Failing to take advantage of this
powerful evidentiary record weakens the gun rights case in the event
that a higher court uses a "balancing test" to weigh the arguments. The
situation is even more precarious as the Obama administration continues
to pack the appellate courts with anti-gun judges who think like Judge
Urbina, a Clinton appointee. In many ways, the upcoming Senate elections
could be just as important to preserving the Second Amendment as they
will be about health care.
http://www.washingtontimes.com/news/2010/mar/30/federal-judge-goes-after-gun-owners/
---
Big Brother Faulted for Not Repealing Tiahrt Amendment: ...As an aside,
I expressed my disappointment that the President had not followed
through with his own campaign pledge to repeal restrictions on another
important federal data base- one which traces guns connected to
criminal activity back their first retail sale. Gun tracing records,
collected and maintained by the Bureau of Alcohol, Tobacco and Firearms
(ATF), tend to implicate certain licensed firearms dealers as common
source points in supply chains for trafficking in illegal guns. Several
analyses of ATF data, including my own, have shown that 1% of licensed
gun dealers are linked to a majority of firearms recovered from criminal
enterprises. While most of these traces may have involved legitimate
transactions, ATF investigations have uncovered thousands of federal law
violations by these dealers... (The problem with anything that enhances
recordkeeping of this nature is that it may someday facilitate
confiscation.)
http://boston.com/community/blogs/crime_punishment/2010/03/obama_and_guns.html
---
More Women Arm Themselves: American women are buying guns and taking aim
on firing ranges in growing numbers, according to a recent study and
interviews with gun-shop owners. A 2009 study found 70 percent of shop
owners reported more female buyers. The study, conducted by the National
Shooting Sports Foundation and Southwick Associates, also found 80
percent of the female gun-buyers who responded said they purchased a gun
for self-defense, followed by 35 percent for target practice and 24
percent for hunting... Erika Gonzalez, of suburban Washington, was
raised as a Quaker and grew up thinking guns were unsafe - until a
series of life-changing events. Her grandmother was murdered about 15
years ago in a small town, then her marriage fell apart and she was on
her own. "I was very anti-gun for a long time ... and I guess my
thinking evolved on that," said Ms. Gonzalez, who owns a Glock 9mm and
started a shooting club to practice and share similar interests. "I was
probably motivated to buy the gun because I separated from my husband
and was living alone." ...Hilary Gotzh, a single 26-year-old, wants to
buy a gun this year for protection and recreational uses, but, like Ms.
Gonzalez, thinks ownership is a private and personal decision...
http://www.washingtontimes.com/news/2010/mar/30/more-females-may-be-turning-to-firearms/
---
Ohio FOP Opposes CCW Reform: The Ohio Fraternal Order of Police has come
out opposed to the changes Senate Bill 239 would enact, such as removing
restrictions currently in place for transporting a loaded firearm in a
motor vehicle if you have a concealed handgun license and removing the
blanket ban on carrying in an establishment that serves liquor even if
you're not drinking. "I am kind appalled that they keep coming back and
back to these issues that have already been heavily discussed," said
Mark Drum of the FOP. "It just comes down to the fact that these are
absolutely huge safety issues for law enforcement everywhere." Under
current Ohio law, transporting a loaded handgun in a motor vehicle is
only allowed if you have a concealed handgun license and...
http://www.examiner.com/examiner/x-2206-Cleveland-Gun-Rights-Examiner~y2010m3d29-Ohio-Fraternal-Order-of-Police-opposes-gun-law-changes-in-new-bill
---
Rewritten Stand-Your-Ground Bill Advances in Alaska: A rewritten bill
expanding the right to use deadly force in self-defense cleared its
first committee Monday. That's over the objection of the Department of
Law, which maintains it will encourage unnecessary violence. Current law
authorizes use deadly force in self-defense to stop a few specific
crimes, including robbery, sexual assault, kidnapping and murder. But if
someone can safely withdraw, he's obligated to do so. That duty to
retreat doesn't apply at home or the workplace. Rep. Mark Neuman, a
Republican from Big Lake, is the sponsor. His bill essentially
eliminates the duty to retreat. The bill now goes to the Finance Committee.
http://www.ktuu.com/Global/story.asp?S=12224278
---
Maryland Senate Approves Self-Defense Bill: The Maryland Senate has
endorsed a measure that would protect people from lawsuits if they use
deadly force to defend themselves at home or work in certain
circumstances. Senators voted 45-2 Monday in favor of the bill. The
legislation says a person must "reasonably" believe the lethal force is
necessary to fend off the attack. It also stipulates that the amount and
nature of the force must be "reasonable." Current law in Maryland says a
person must not use deadly force unless they believe they are in danger
of serious bodily injury. The bill now moves to the House of Delegates
for consideration.
http://www.wtop.com/?nid=25&sid=1922830
---
Idaho Senate Approves Firearms Freedom Act: The Idaho Senate approved
legislation that would tell the federal government it couldn't regulate
firearms made entirely in Idaho. The plan heads back to the House for
approval, due to several changes made by the Senate Monday. The plan's
original House sponsors said the legislation is modeled after similar
laws in other states and intended to raise a constitutional challenge to
the federal government's oversight of business between states...
http://www.idahoreporter.com/2010/senate-approves-made-in-idaho-gun-law/
---
Iowa's Shall-Issue Bill: In the fight to protect our Second Amendment
rights, it's unfortunate that quite often gun owners will stand against
other gun owners and try to make the perfect the enemy of the good. Such
is the case in the struggle to turn Iowa from what's called a
"may-issue" state, where local authorities have unlimited discretion
over who gets licenses to carry concealed firearms, into a "shall-issue"
state where local authorities must issue a license to anyone who meets
certain well-defined objective criteria, such as taking a training
course, and passing a criminal background check. Many gun owners feel
this does not go far enough, and advocate states merely repeal their
laws that criminalize carrying of concealed weapons, such as is done in
Vermont, Alaska, and hopefully soon Arizona...
http://www.opposingviews.com/i/contrived-iowa-shall-issue-gun-controversy-distracts-from-common-goals
..The National Rifle Association backs the bill, but some gun rights
advocates in the legislature oppose it. The measure would require those
who get a permit to carry a concealed weapon have training in how to use
a gun. Even though Senator Joe Bolkcom, a Democrat from Iowa City,
voted against the bill, he saw the merit in that... It's unclear when
the House may debate the bill and lawmakers hope to adjourn the 2010
legislative session early this week, perhaps even late tonight or early
tomorrow morning. (It's reassuring to know that a legislator likes part
of a bill he voted against. It reminds me of an academic dean I knew who
would blow you off by saying, "I don't entirely disagree with that.")
http://www.radioiowa.com/2010/03/29/gun-right-debate-pending-in-iowa-house/
---
Massachusetts Gun-Lock Case Proceeds: ...Earlier this month, the state
Supreme Judicial Court's ruling in Commonwealth vs. Richard Runyan shot
down a Lowell District Court judge's decision to dismiss the Billerica
gun case and, in doing so, upheld the constitutionality of the state law
that requires gun owners to lock their weapons in their own homes...
What gun-control proponents fear - and gun owners will applaud - is if
the conservative Supreme Court rules that the Second Amendment right to
bear arms is applicable to states, it could trigger challenges at the
state level from state gun-storage laws to bans on assault rifles. But
while others wait for the Supreme Court's ruling, McMahon is charging
forward on behalf of his client, Richard Runyan of Billerica...
Instead, McMahon is firing back at the district-court level. He has
filed a motion to suppress that is scheduled for a May 4 hearing in
Lowell District Court. "My basic position is the police, lacking a
warrant, had no right to search the home and lacked consent to do so,"
McMahon said...
http://www.leagle.com/unsecure/news.do?feed=yellowbrix&storyid=143081608
---
RKBA Attorney Assumes Additional Duties: Wisconsin Carry, Inc. is
pleased to announce that Joseph Louis Olson, has been appointed to our
Board of Directors. Mr. Olson is a trial attorney and a member of the
Litigation Practice Group of Michael Best & Friedrich LLP. Mr. Olson's
talents have been recognized by his inclusion in Milwaukee Magazine's
list of "Rising Stars" in 2006, 2008 and 2009. Inclusion on this list is
limited to the top 2.5% of Wisconsin Attorneys under the age of 40. Mr.
Olson's principled legal expertise will be a valuable asset to Wisconsin
Carry, our membership, and the carry rights of law-abiding Wisconsin gun
owners. Founded in 1848, Mr. Olson's firm Michael Best & Friedrich has a
reputation as a leading law firm in the Midwest. Gun-rights advocates in
Wisconsin will be familiar with Michael Best & Friedrich as attorneys
from this firm successfully argued Wisconsin's prohibition on concealed
carry was unconstitutional as applied to Mr. Hamdan in the landmark
State of Wisconsin v. Hamdan. That case for the first time recognized
that Wisconsites have a constitutional right to concealed carry in
certain situations... (Mr. Olson also co-authored an amicus brief on our
side of D.C. v. Heller.)
http://www.ammoland.com/2010/03/29/wisconsin-carry-inc-appoints-joseph-louis-olson/
---
New York Professor to Speak on McDonald: Robert Spitzer, a distinguished
service professor and chair of the SUNY Cortland Political Science
Department, will discuss the pending Supreme Court case of McDonald v.
City of Chicago, a gun-rights case, at 6 p.m. Wednesday at Main Street
SUNY Cortland, 9 Main St. Author of three books and numerous articles on
the Second Amendment, Spitzer will discuss "Gun Rights to the States:
Incorporation and the McDonald Case." The talk is free and open to the
public. Refreshments will be served and a question-and-answer period
will follow Spitzer's talk. The case raises the question of whether the
Second Amendment's right to bear arms will, for the first time, apply to
the states. Spitzer will discuss its background, implications, likely
outcome, and the basis for incorporating newfound gun rights.
("Newfound"? They date back to the Colonial era or, arguably, English
common law.)
http://www.theithacajournal.com/article/20100329/NEWS01/3290389/1124/SUNY-Cortland-professor-to-give-talk-on-gun-rights-case
---
Life in New York City: Members of the Brooklyn family caught with a
stockpile of weapons are antique collectors - not dangerous thugs,
according to a tenant. Tenant and longtime friend Michael Poole, 29, was
initially busted along with Thomas Siano, 57, Kathleen Siano, 58, and
their son, Vincent Siano, 29, and charged with criminal possession of
weapons. Police found 30 guns, seven knives and two crossbows in the
living quarters of the Sianos' Gravesend home after executing a search
warrant Friday, according to the Brooklyn district attorney's office.
The charges against Poole, who rented space in the home, were dropped.
Poole went to court Sunday to defend the family he has known all his
life. Poole said the weapons were family heirlooms that were never used.
"These weapons were left to him by [Thomas Siano's] grandfather and
uncle, who he used to go hunting with," said Poole, a professional
locksmith. "They were heirlooms. He put them up in the attic because he
didn't know what else to do with them. He never brought them out. He
didn't want anyone to get hurt." ...
http://www.nydailynews.com/news/ny_crime/2010/03/29/2010-03-29_pal_bklyn_family_arsenal_just_heirlooms.html
---
When You Light a Fire..: Howard Nemerov's concerns about the legitimacy
of the US Concealed Carry Association, in his column, which was linked
yesterday, seem to have had the desired effect of evoking a response
from Tim Schmidt. Tim's response and a few others appear in today's
column. (I got a few replies from list members myself, a couple of whom
pointed out that the current USCCA marketing campaign is more
reminiscent of Front Sight than of the NRA. I have never been a
supporter of Front Sight, for whatever that's worth.)
http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2010m3d30-US-Concealed-Carry-Association-has-supporters-detractors
---
More on the Military Caliber Debate: ...Fired at short range, the M855
round is prone to pass through a body like a needle through fabric. That
does not mean being shot is a pain-free experience. But unless the
bullet strikes a vital organ or the spine, the adrenaline-fueled enemy
may have the strength to keep on fighting and even live to fight another
day. In 2006, the Army asked a private research organization to survey
2,600 soldiers who had served in Iraq and Afghanistan. Nearly one-fifth
of those who used the M4 and M16 rifles wanted larger-caliber bullets.
Yet the Army is not changing. The answer is better aim, not bigger
bullets, officials say... Martin Fackler, a former combat surgeon and a
leading authority on bullet injuries, said the problem is the gun, not
the bullet. The M4 rifle has a 14.5 inch barrel - too short to create
the velocity needed for an M855 bullet to do maximum damage to the
body... (Those contemplating the use of a .223 rifle need to be aware
that they have a much wider choice of ammo than the equivalent of the
M855, which was originally by FN as the SS-109.)
http://www.armytimes.com/news/2008/05/ap_bullets_052708/
---
Tangentially Related: FBI officials see little chance the arrests of
nine suspects in an alleged Christian militia plot will spur other
anti-government extremists to launch their own violent attacks.
Suspected members of a group that called itself Hutaree were allegedly
plotting to kill police officers. The suspects were captured over the
weekend in Michigan, Ohio, and Indiana. The FBI issued a bulletin to
police departments saying they have picked up Internet chatter among
other militia groups - including some expressing sympathy for the
suspects - but few signs of criminal copycats. A copy of the bulletin
was obtained by The Associated Press. (I remain concerned that,
regardless of how these arrests turn out, they will be used to demonize
gun owners.)
http://townhall.com/news/politics-elections/2010/03/30/fbi_sees_little_chance_of_copycat_militia_plots?page=full
Today, the vast and wealthy DC Militia did what it loves doing most,
swooping in to arrest Americans talked into dangerous talking.
Apparently the 101st Airborne was not involved in the mopping-up
operation, though I am not sure. Who can doubt that the nine people
arrested were talked into their exploits (of speech, not action) by
agents provocateurs? The media are all googly over it - Christian
militia members planning to use WMD (oh sure) to overthrow the
government. Too bad the nine did not pay attention to what Jesus said
about the use of the sword, but did pay attention to agents counseling
violence. But again, all the Michigan Nine did was talk: these guys had
a website, and played in the woods. Rachel Maddow of MS-GE delightedly
explained tonight that those arrested did not actually have to do
anything to be found guilty. So these working-class Americans are to be
put in super-max government cages for the rest of their lives, except
when they are being raped or treated in the single-payer prison medical
system, for "seditious conspiracy," a concept beloved of totalitarian
regimes...
http://www.lewrockwell.com/blog/lewrw/archives/54687.html
---
From AzCDL:
First, the good news! SB 1108, the Senate version of the
AzCDL-requested Constitutional Carry bill, passed in the Senate Third
Read, by a 20-10 vote, on Monday, March 29, 2010. Your emails work!
From here, SB 1108 will be sent over to the House. Since the House has
already voted for an identical bill, HB 2347, during their Committee of
the Whole (COW) debate, we are expecting SB 1108 to be substituted for
HB 2347 during the House Third Read. We are also expecting the House
Third Read vote to be as early as Tuesday, March 30, 2010. This will be
"the" final vote on Constitutional Carry to determine if it will be sent
to the Governor!
AzCDL's representatives are at the Capitol daily counting potential
votes and talking to the undecided. However, what will determine the
successful passage of SB 1108 are YOUR emails. Your letter, to send to
your Representatives, has been prepared and is waiting for you at
AzCDL's Action Center:
http://capwiz.com/azcdl/issues/alert/?alertid=14824091 .
We would also appreciate it if you took the time to contact Senators
Carolyn Allen, Steve Pierce, Rebecca Rios and Jay Tibshraeny and thank
them for supporting SB 1108 during the Senate Third Read. They were 4
of the 5 Senators who supported the Cheuvront amendment that ended the
progress of SB 1102, the original Senate Constitutional Carry bill.
After receiving hundreds of your emails they voted for SB 1108. Please
go to AzCDL Action Center and send these Senators a note of thanks:
http://capwiz.com/azcdl/issues/alert/?alertid=14879796 .
SB 1168, the Firearms Preemption bill, was also scheduled for a Senate
Third Read vote on March 29th. However it was held pending a House vote
on HB 2543, the House version of Firearms Preemption. During the House
Third Read, also on March 29th, HB 2543 passed by a 36-21 vote with 3
Representatives not voting. It will soon be sent to the Senate and
substituted for SB 1168 in an upcoming Senate Third Read. Like the
situation with Constitutional Carry, this should be the final vote
before sending the bill to the Governor.
Finally, HB 2307, the Firearms Freedom Act, also passed out of the
Senate Third Read on March 29th by a 22-8 vote. From here it will go
back to the House (a formality) before being sent to the Governor.
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.
We just got word from the Capitol. Even though they are not posted on
today's Third Read calendars, both Constitutional Carry and Firearms
Preemption will receive the final votes that determine their fate TODAY
(3/30/10).
SB 1168 (Constitutional Carry) has been sent to the House and will
substituted for HB 2347, the House version, and then subjected to a
final (Third Read) vote in the House. This is the last hurdle before
being sent to the Governor. Your Representatives need to hear from
YOU. We expect this vote is to be very close and it is not guaranteed.
Only your pressure can insure it's passage. AzCDL's Action Center
letter has been updated to reflect today's scheduled vote. If you
haven't sent your letter already, this is your last chance to really
make a difference. If you have already sent your letter, feel free to
send the updated version:
http://capwiz.com/azcdl/issues/alert/?alertid=14824091 .
HB 2543 (Firearms Preemption) has been sent to the Senate and will be
substituted for SB 1168, the Senate version and then undergo a final
(Third Read) vote in the Senate. Again, this is the last hurdle before
being sent to the Governor. Your Senators need to hear from you and a
letter has been prepared and is waiting for you at AzCDL's Action Center:
http://capwiz.com/azcdl/issues/alert/?alertid=14753896 .
It's time to make history!
Fred Dahnke
AzCDL Treasurer
--
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
