From GOA: With the retirement of the liberal justice John Paul Stevens
from the U.S. Supreme Court, there has been fervent speculation over the
weekend as to which anti-gun crazy will be nominated by Barack Obama to
succeed him. The successor could cast the deciding vote on the
constitutionality of ObamaCare. And there has also been speculation
whether Senate Republicans -- fresh from their bumbling, feckless
ObamaCare strategy - will pull their punches on a Supreme Court nominee
in order not to appear "obstructionist." Senate Campaign Committee
Chairman and Texas Senator John Cornyn said Republicans would "bend over
backwards both in appearance and in reality to give the nominee a fair
process." You may remember this was the same Senate leadership team that
"bent over backwards" on ObamaCare. And Obama, Harry Reid, and Nancy
Pelosi took advantage of their "bent-over-backwards" position to kick
them in the rear... If you have at least one Republican senator, you can
help. If all Senate Republicans stand together, we can stop Obama from
putting another anti-gun justice to the Supreme Court... (Link will let
you generate a letter or e-mail to your Republican senators.)
http://gunowners.org/041310.htm
Democratic senators are urging President Barack Obama to abandon any
hope of winning broad Republican support for his upcoming Supreme Court
pick - and to nominate, instead, a dominant liberal voice who will
counteract the current conservative majority. Top Democrats say the
partisan fights over health care reform, the stimulus and other issues
show that the GOP won't play ball and that Obama shouldn't compromise
his principles - or theirs - in an attempt to win more than a handful of
Republican votes... Republican leaders insist they are keeping an open
mind about Obama's second Supreme Court pick, saying they will do their
due diligence in thoroughly reviewing the nominee's record before taking
positions. Arizona's Sen. Jon Kyl, the No. 2 Republican on the Judiciary
Committee, said that most Supreme Court nominees have been approved by
wide margins - and there's hope this one could be as well, despite the
raging judicial wars in recent years...
http://www.politico.com/news/stories/0410/35773.html
.."Who will succeed Stevens?" people in the know and out of it chorused
over the weekend. No one, of course, yet knows whom Barack Obama will
select to fill the second vacancy on the High Court of his presidency.
But by Monday, the guessing game had come down to a " Big Three" : U.S.
Solicitor General Elena Kagan, and U.S. Court of Appeals Judges Merrick
Garland (D.C.) and Diane Wood (Chicago). For now, the odds favor the
57-year-old Garland, Harvard Law graduate and former Clinton
Administration official. Considered a liberal, although not as far left
as Stevens, Garland nonetheless has offended few Republicans. Sen.
Orrin Hatch (R.-Utah), a past Judiciary Committee chairman, speaks
highly of Garland and is considered likely to back him if he's
nominated. Prominent in both national legal circles and on the
Washington social scene, Garland first gained notice for doing much of
the legal work after the Oklahoma City bombings in 1995... (David Kopel
rated Garland "Limited but clearly negative record on right to arms.")
http://www.humanevents.com/article.php?id=36499
---
Alan Korwin's Analysis - McDonald Oral Arguments: In reviewing the
oral-argument transcript for the McDonald v. Chicago case, I can see now
why some was so hard to follow in the courtroom. Aside from bad audio in
the room during parts, much of the dialog depended on knowing other
cases everyone referred to. If you didn't know the case, you couldn't
tell what they were talking about. The Justices didn't miss a beat. I
missed several. Also, a lot of the dialog was in sentence fragments,
disjointed, poorly thought out, and hard or impossible to assemble
meaningfully... Before I begin let me say I like Alan Gura, consider him
a friend, and marvel at his accomplishments so far in the gun-rights
battle. In the end I think we will be OK with this case, enough Justices
seemed to lean toward protecting 2A, but it's probably not an oral
argument Alan will look back upon as his finest hour. He does not shine
well in my analysis that follows, because he got such a serious whupping
from the Court. That's just the way it is. They rejected his core
arguments. They threw him lifelines more than once but he either didn't
recognize it in the heat of the moment, or chose not to grab on for dear
life. I believe he has a stellar future for himself and for us, but this
black hole sucked all the oxygen out of our lungs. In the chatter
afterwards, many of the assembled experts hung their heads and confided
about how dismal it appeared to them. I saw little with which to
disagree... (I am not a legal scholar. I don't know if there is any
consistent "rule" about how much oral arguments affect the outcome of a
case before SCOTUS. Recall that briefs have been submitted and,
presumably, read before the oral arguments. My impression is that the
justices use the oral arguments to clarify what they have read in the
briefs and may already have decided, at least individually.)
http://www.gunlaws.com/McDonald_v_Chicago_Orals.htm
---
Second Amendment March: Next Monday, April 19, is the scheduled date for
a pair of pro-gun rallies in the Washington, D.C. area, the first being
the Second Amendment March/Rally at the Washington Monument and commons
in the city, and the other being an event called the "Restore the
Constitution Rally" at Fort Hunt, just across the Potomac River from the
District of Columbia. Gun prohibitionists have already started a media
drumbeat to demonize these events, primarily by quoting some of the
individuals involved. These folks have admittedly made some pretty
interesting remarks at times, which the anti-gunners are exploiting.
This may, or may not, be fair to everyone planning to participate; it is
no crime to turn out in support of a constitutionally-protected civil
right, even when some event organizers might be subject to criticism.
It's an exercise of the First Amendment in support/defense of the
Second, after all. That freedom of speech thing; it protects all kinds
of comments, whether one agrees or disagrees. All citizens are entitled
to exercise it, whether some like it or otherwise...
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2010m4d13-2A-marchers-will-probably-be-demonized-regardless-of-conduct
.. Desperately seeking relevance in this latest battle of the War on
Guns, Josh Horwitz of the Coalition to Stop Gun Violence (renamed from
the National Coalition to Ban Handguns to mask its intent, although that
goal remains) waves his arms, screams "Me too!" and doesn't miss a
talking point, from conflating the purpose of the Second Amendment March
and Restore the Constitution Rally with the Oklahoma City bombing, to
painting the participants as violent haters. If we're to believe him,
the peaceable exercise of the First Amendment in support of the Second
is "an open threat." Just to show you what bad Group W bench hombres
those of us speaking at the rallies are, CSGV presents a "rogue's
gallery" of sorts, complete with damning quotes. Scroll to the bottom of
this linked page to see their entry for me...
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m4d13-Gun-ban-group-lies-aboutme
The much-discussed group that gives military veterans an oath to defend
their country against their government is pulling out of an April 19
rally that was set to attract considerable media attention. The reason:
reports of inflammatory rhetoric from organizers of the rally, who
planned to display their guns... Oath Keepers founder Stewart Rhodes
will, however, speak at a pro-gun rights rally later that day in
Washington - where no firearms will be on display. Both rallies had been
catching flack for being scheduled on the anniversary of the Oklahoma
City bombing, which activists point out is also the anniversary of the
Battle of Lexington and Concord. (As I understand it, Oath Keepers
merely asks those who have already taken oaths to uphold and support the
Constitution to pledge not to follow orders that violate that oath. It
appears that Rhodes will not appear at the Restore the Constitution
Rally in Virginia.)
http://voices.washingtonpost.com/right-now/2010/04/oath_keepers_bails_on_open-car.html
---
The state Capitol was swarming with supporters of the Second Amendment
today, as about 250 people gathered on the steps for a rally and tour of
the building in preparation for a larger rally next week in Washington,
D.C. Although not as loud or as large as many past demonstrations (for
gun rights and other causes), today's event was distinctive in one way -
many if not most of the participants were openly carrying firearms.
Although they remained holstered or slung over shoulders, the armed
citizens were conspicuous as they strolled the corridors and watched a
session of the state House from a gallery above the floor after the
outdoor rally. Under Michigan law, those who can legally own a firearm
are permitted to carry it openly in most public places. But today's
demonstration tested the limits. Officers at the State Police post at
the Capitol said they initially believed only handguns would be
permitted inside, but later relented for those with shotguns and rifles.
The House and Senate chambers are gun-free zones by rule of the
individual chambers. Speaker Andy Dillon waived the rule on the House
side during their afternoon session. Brian Jeffs, one of the organizers
of the Michigan Second Amendment March, said that neither open or
concealed carry will be permitted at the nation's capital, which has
strict (gun rights advocates call them oppressive) restrictions on
firearms...
http://www.freep.com/article/20100413/NEWS06/100413071/Dozens-of-gun-rights-advocates-rally-in-Lansing
The third annual Patriot's Day Open Carry Walk will be held in Urbana
Saturday in commemoration of the "shot heard round the world" that
started the American Revolution 235 years ago. Thomas Horch of Urbana
said he and other advocates will gather to celebrate freedom and
exercise "the right to keep and bear arms" protected by the Second
Amendment to the U.S. Constitution. Horch said open-carry is legal in
Ohio and that many residents need to be reminded of that fact, so public
education is the primary purpose of the walk. Participants can walk with
holstered handguns, but long guns should be unloaded, with detachable
magazines removed, he said. Organizers will provide open bolt/chamber
indicator flags for anyone who needs one...
http://www.urbanacitizen.com/main.asp?SectionID=3&SubSectionID=5&ArticleID=153637
---
Aftermath of the Katrina Gun Grab: ... According to Assistant City
Attorney Victor L. Papai, as of last October only three applicants had
turned in paperwork to get their guns back. Papai does not return calls
any longer regarding the tally. The city does not have their guns and it
only has to comply with the court order until October 2010. Local tavern
owner JoAnn Guidos is one of those applicants. She owns Kajun's Pub on
St. Claude Avenue and boasts that her establishment "never closes" and
that people feel safe there because they know that Guidos knows how to
use firearms. During the aftermath of Katrina, she kept the pub open for
two weeks, running generators and serving ice-cold beer and hot grilled
food to the neighborhood, press and visiting law enforcement. Meanwhile,
around her, shooters and looters, along with law enforcement, used St.
Claude Avenue as the only highway to and from the Lower 9th Ward... On
November 12, 2008, Guidos filed paperwork to get her five guns back and
hand-delivered it to a sergeant at a police station on Earhart in New
Orleans. By January 2009, when she had not heard anything, she contacted
Holliday. He contacted Papai, who told Holliday that he [Papai] already
had contacted Guidos by phone and by letter. Holliday then sent Guidos a
copy of the letter that Papai claimed to have sent her, dated Oct. 24,
2008 - supposedly written to her three weeks before she turned in her
claims. Guidos said, "I found it rather odd that the letter they sent to
me in response to my forms was written a month before I turned in my
forms." She says he never called her... (It's not clear why this article
has been removed from the Human Events website.)
http://webcache.googleusercontent.com/search?q=cache:itrFD_Q_KIMJ:www.humanevents.com/article.php%3Fid%3D36441
---
Virginia Governor Signs Restaurant-Carry Bill: Governor Bob McDonnell
has signed into law a NRA-backed measure allowing right-to-carry permit
holders to carry a concealed firearm for self-defense in restaurants,
providing they do not consume alcohol. State Senator Emmett Hanger
(R-24) and Delegate Todd Gilbert (R-15) were the principal sponsors of
Senate Bill 334/House Bill 505... This law will take effect July 1,
2010. In addition, Governor McDonnell has also signed the following
pro-gun bills into law... Virginians can thank Governor Bob McDonnell
for his Second Amendment support at (804) 786-2211 or click here to
thank him via email. (As with most news reports, the NRA release is
misleading. Virginians, with and without permits can not only lawfully
carry exposed firearms into establishments that serve alcohol, they can
even consume alcohol while doing so. The new bill allows those with
permits to carry their firearms discreetly [see vocabulary item, below],
in exchange for promising not to consume alcohol while doing so.)
http://www.nraila.org/Legislation/Read.aspx?id=5720
---
Would Georgia Bill Create Campus Carry?: Depending on the outcome of
Senate Bill 308, concealed weapons could be allowed on the grounds of
the University of West Georgia... The bill, introduced by state Sen.
Mitch Seabaugh, R-Sharpsburg, is currently being reviewed by the Georgia
House of Representatives. The legislation would give the University
System of Georgia's Board of Regents the option of banning weapons on
campus, but UWG Police Chief Tom Mackel does not think the law is needed
or clear. He said allowing students or staff to carry concealed weapons
would not make for a safer campus. "What happens then when someone
brings a gun on campus? Is it a matter of policy violations or did they
break the law?" Mackel asked. "I think there would be many more deaths
as a result." ... Seabaugh said that about 400,000 people have permits
to carry a gun in the state of Georgia. He said Georgia is one of two
states that has a 1,000-foot protection zone around campuses. "A license
to carry a firearm is not a license to commit a crime. ... The people
who have licenses to carry firearms are not the ones committing random
acts of violence," he said. "They consider it a privilege and they're
not going to do anything to jeopardize that privilege." ...
http://www.times-georgian.com/view/full_story/7063981/article-UWG-officials-express-concern-over-gun-bill?instance=TG_home_story_offset
---
Wisconsin Alert: This Thursday, April 14, the Wisconsin State Assembly
will be considering legislation (Assembly Bill 558, Assembly Bill 559,
and Assembly Bill 737) that could have a severely detrimental impact on
our Second Amendment freedoms. Please contact your State Representative
immediately and urge them to oppose all three of these bills. To find
contact information for your State Representative, please click here.
AB558 would expand the definition of "misdemeanor crimes of domestic
violence" well beyond the scope of current federal law in order to
create a new class of people who would be stripped of their Second
Amendment rights. Law enforcement agencies already have the tools to
prosecute these crimes and they are clearly spelled out in Wisconsin
statutes. A sweeping new definition is not the solution. The current
definition of domestic violence under state law is already broader than
federal law and this bill will add more types of relationships to it...
(This action has apparently been postponed until April 15.)
http://www.nraila.org/Legislation/Read.aspx?id=5719
A fast-tracked bill introduced in the state Legislature at the end of
March would ban the private sale of most firearms in Wisconsin and would
for the first time extend a prohibition on the possession of firearms to
those convicted of certain misdemeanors. State Sen. Spencer Coggs
(D-Milwaukee) and Rep. Tony Staskunas (D-West Allis) are the principal
authors of the legislation, which received public hearings in both the
Senate and Assembly this past week. The bill would essentially require
all firearm transfers to be conducted through a federally licensed
firearms dealer, except transfers to family members, law enforcement and
military agencies...
http://www.lakelandtimes.com/main.asp?SectionID=9&SubSectionID=9&ArticleID=11229
---
Anti-CCW Incumbent Currently Leads California Sheriff Race: Sheriff
Sandra Hutchens holds a double-digit lead over her closest rival as the
June 8 election nears and preparations begin for the final months of the
campaign, according to the results of a Voice of OC/Probolsky Research
poll released Wednesday. The poll shows Hutchens garnering 26.7 percent
of the vote if the election were held today, giving her a significant
advantage over challengers Bill Hunt and Craig Hunter, who polled at
11.3 percent and 7.4 percent, respectively. But more than half the 326
likely voters polled said they remain undecided, which means that either
Hunt or Hunter could still force a November runoff despite their weak
poll numbers at this juncture... Hunt, a former deputy sheriff, last
month won the endorsement of rank-and-file deputy sheriffs. Hunter, the
current deputy police chief of Anaheim, is seen as a staunch supporter
of gun rights and a more liberal concealed weapons policy... (It's very
rare for an incumbent sheriff to be voted out in an urban county in
California but few have generated as much organized opposition as
Hutchens, who was never elected in the first place. Unfortunately, as is
often the case, her opposition is split.)
http://voiceofoc.org/article_6eefd838-478b-11df-8094-001cc4c002e0.html
---
KC Chamber of Commerce Opposes RKBA: The Greater Kansas City Chamber of
Commerce Executive Committee has voted to oppose legislation in Kansas
that would allow the carrying of concealed handguns in college, city,
county, state, or municipal buildings and other sensitive areas. Current
Kansas law prohibits someone licensed to carry a concealed gun from
entering such buildings with a gun. However, a bill recently approved by
the Kansas House of Representatives will allow license gun owners to
bring concealed guns into these buildings, even if security measures in
the buildings are not adequate. The bill goes to the Kansas Senate next
for debate. If this bill becomes law, colleges and government buildings
will have to install metal detectors at all building entrances and hire
additional security staff at a time when college and government budgets
are strained.
http://www.infozine.com/news/stories/op/storiesView/sid/40784/
---
Fuddruckers/KooKooRoo Chicken Don't Want Our Business: ... Regarding the
open carry laws, Fuddruckers decision not to allow guns in the
restaurants is not a statement about gun rights or laws. It is however,
a statement about the primary importance of creating and maintaining a
comfortable environment for all of Fuddruckers guests. Open carry laws
are changing in various states. Therefore, restaurants are more clearly
communicating their policies to guests. Fuddruckers has had a no weapons
policy for several years but it wasn't being enforced in all locations.
By enforcing its no-weapons policy, Fuddruckers is enforcing its rights
as a private business to create the sort of dining environment we
believe best suits and appeals to all or the majority of our guests...
http://waronguns.blogspot.com/2010/04/fuddruckers-to-gun-owners-fuddruck-you.html
---
Oops, Wrong Car: The Jacksonville [FL] Sheriff's Office announced Friday
that the shooting death of a man whose body was found in a car on April
1 was a justifiable homicide... Officers said Christopher Alfaro, 24,
was driving in a car when he was shot to death by someone in another car
by one shot to the head. Police said Alfaro rammed another car during a
road rage battle. They said the other driver started spinning out, and
that's when he grabbed his gun and started shooting. "He fired one shot
from his car at the other vehicle driven by Mr. Alfaro," JSO Lt. Larry
Schmitt said. "The bullet struck Mr. Alfaro in the head. That car
continued to drive southbound on Cassat Avenue until it crashed on
Shirley Avenue." Police said the 38-year-old shooter called them
immediately after the shooting. They said he does have a concealed
weapons permit. Officers said when Alfaro rammed the other car, the
other driver became the victim of an aggravated battery, which is why
police said the shooting was justifiable... (All's well that ends well
but shooting into another vehicle is a very tricky proposition,
particularly while "spinning out." My CWP students get rudimentary
instruction in how to use their own vehicle as a weapon.)
http://www.news4jax.com/news/23101347/detail.html
---
Oops, Wrong Cell Phone: Cincinnati [OH] Police are investigating a
shooting where it appears a robber left the scene with the victim's
cell-phone in his hand, and a slug from the victim's gun in his lower
abdomen. Police say the robber ran into someone with a concealed-carry
permit, and at some point the would-be victim was able to get his gun
out and shoot the suspect, who took off running from the shooting scene
on Rosemont Avenue south of Glenway in West Price Hill. He dropped the
permit-holder's cellular phone somewhere on a six block run to West
Liberty Street just west of Manss Avenue. That is where the suspect
dropped to the ground and was found suffering from a gunshot wound. The
suspect was taken to the hospital and District Three officers were given
the case...
http://www.wxix.com/Global/story.asp?S=12299813
---
Oops, Wrong House: When a teenager tried to break into a DeLand house,
he didn't count on the homeowner coming home as he was crawling through
a window. DeLand homeowner Daven Woulard opened fire on the 16-year-old
he saw breaking into his house on East New Street (see map) Monday. The
bullet didn't hit the teen, but the homeowner still helped police make
an arrest; the homeowner held down the suspect until the police got
there. The man was driving down the road, coming back from the store
and, as the man and his wife glanced toward their yard, they saw
16-year-old Jarrett Holloman's legs sticking out of their son's bedroom
window. The window had been smashed with a brick... Woulard had his
18-month-old son and his wife with him. Even though he didn't know who
or how many people were in his home, he said he wasn't about to back
off... After quickly pulling into his yard, Woulard grabbed his .44
Magnum handgun out of the car, a weapon he's carried with a permit for
four years. He ran to the window and ordered the teen out. "'Get down!
'Freeze!'" he said he yelled before firing a shot into the ground to
back the order up. Woulard said the teen didn't say anything as he held
him to the ground and waited for police to show up... (Again with the
warning shots. Not knowing how many potential assailants he might have,
Mr. Woulard decided to waste one-fifth or one sixth of the ammo in the
gun, not to mention unnecessary short-term and long-term risks to his
own hearing, particularly if he was actually carrying Magnum loads.)
http://www.wftv.com/countybycounty/23124408/detail.html
---
Rule Five Reminder: Baltimore police are investigating after a D.C.
police officer was carjacked in a gritty section of the city. Police
spokesman Anthony Guglielmi says the Metropolitan Police Department
officer told investigators he was on his way home late Monday night when
he stopped at a traffic light in northeast Baltimore. A woman stepped in
front of his 2009 Dodge Magnum and was joined by a man carrying a
handgun who ordered him to unlock the doors. They got in the car and
drove off. Guglielmi says police later recovered the car and arrested
the woman, identified as 18-year-old Keara Moodie. The officer's
department-issued handgun was in the car when it was stolen and was not
recovered. The male carjacker remains at large. (Rule Five: Maintain
control of your firearm. It's difficult to say whether the officer
should have resisted the carjacking but, if his "officer's
department-issued handgun was in the car when it was stolen," rather
than on his person, it doesn't sound as though he was prepared to
exercise that option.)
http://voices.washingtonpost.com/crime-scene/baltimore/dc-officer-carjacked-gun-stole.html?hpid=newswell
---
Alan Korwin's Vocabulary Lesson: You know I'm a words guy. I think we
give up ground in the gun-rights debate hen we talk about concealed
carry. Concealed means you're hiding something. You have something to
hide. People who conceal things may be up to no good. The AP story on
Constitutional Carry relied on saying our guns are hidden. We have guns
to hide. This does not help. It hurts. It's a slur. What I want is to
carry a firearm discreetly. I'm glad we are close to getting discreet
carry in Arizona. The right to bear arms discreetly is an important
right. When I'm armed, under routine circumstance in public, there is
value in being unobtrusive. Although open carry has its merits, and I'm
looking forward to the open-carry picnic scheduled for the capitol on
April 19 at noon, being unobtrusive often is a good thing. You won't
find "concealed" or "hide" escaping my lips. And when I'm discreetly
armed, you won't know it. Because being unobtrusive is a good thing in
this day and age. If the law is enacted, when I put out my announcement
about it nationwide, you'll see careful use of language that defies the
hate mongers and hoplophobes in the "news" media covering the story. And
you will not see that we are now "allowed" to carry discreetly. You'll
see we are now free to be discreet. Hopefully, eventually, some of them
will pick up on it. I certainly hope you all will...
---
When Guns Are Outlawed...: Last January I wrote about the decision of
the Philippine government to ban all guns outside the home for their
entire election season to control the violence that has troubled their
elections in recent years. So far, no magic. In fact, this election
cycle is more violent than the last one. The US State Department has
issued a travel warning to Americans to avoid travel to the Philippines
and if they have to go, to avoid large groups. The Philippine National
Police note that there are now 112 private armies, even though they have
been specifically trying to suppress these armed camps since the first
of the year... (I do believe I have some insights into Filipino
politics, where local elections determine who controls gambling and
prostitution, in conjunction with local military commanders. Similarly,
private armies are created when a large-scale landowner purchases a
quantity of M16's, donates them to the army, vial the local military
commander, only to have himself and his employees deputized by the
commander and issued the rifles. This practice generally occurs in areas
threatened by jihadists or the Communist New Peoples Army.)
http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2010m4d13-Philippine-gun-ban-experiment-fails
---
Tangentially Related: Americans attacking Americans because of
U.S.-based extremist ideologies - comes in many forms in our post 9/11
world. To help educate the public, we've previously outlined two
separate domestic terror threats - eco-terrorists/animal rights
extremists and lone offenders. Today, we look at a third threat - the
"sovereign citizen" extremist movement. Sovereign citizens are
anti-government extremists who believe that even though they physically
reside in this country, they are separate or "sovereign" from the United
States. As a result, they believe they don't have to answer to any
government authority, including courts, taxing entities, motor vehicle
departments, or law enforcement... (One can only hope that the FBI is
devoting resources to counter jihadist terrorism in proportion to the
relative threat from each source.)
http://www.fbi.gov/page2/april10/sovereigncitizens_041310.html
--
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