Archive for March 3rd, 2010

SCOTUS will again take the wimp road

March 3, 2010

The oral arguments at yesterdays  SCOTUS  were an exercise in circular logic, and clearly indicate that although expansion of Second Amendment rights is a probability it will be for the weaker of the reasons presented. So, what is the rest of the world saying about it? Well, this is what we have so far.

Click here for complete transcript of the oral arguments in McDonald V. Chicago.

News and Editorial Coverage of the Case

Supreme Court appears set to widen gun rights

The Supreme Court majority that two years ago ruled a near total ban on handguns in the District to be unconstitutional seemed equally willing on Tuesday to extend the Second Amendment’s right to keep and bear arms to the states.

The Washington Times


New ammunition for gun rights

The Supreme Court seemed likely to rule for the first time that gun possession is fundamental to American freedom, a move that would give federal judges power to strike down state and local weapons laws for infringing on Second Amendment rights.

The Wall Street Journal


2nd Amendment extension likely: McDonald v. Chicago

The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right.  The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.

SCOTUS blog
Scotus blog


Justices signal they’re ready to make gun ownership a national right

The Supreme Court justices, hearing a 2nd Amendment challenge to Chicago’s ban on handguns, signaled Tuesday that they were ready to extend gun rights nationwide, clearing the way for legal attacks on state and local gun restrictions.

The Los Angeles Times


Justices seem to lean toward extending individual right to own guns

At least five justices appeared poised to expand the scope of the Second Amendment’s protection of the right to bear arms on Tuesday, judging from comments at an unusually intense Supreme Court argument.
By its conclusion, it seemed plain that the court would extend a 2008 decision that first identified an individual right to own guns to strike down Chicago’s gun control law, widely considered the most restrictive in the nation.

The New York Times


2nd Amendment extension likely: McDonald v. Chicago

The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right.  The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.

SCOTUS blog
Scotus blog


Justices signal they’re ready to make gun ownership a national right

The Supreme Court justices, hearing a 2nd Amendment challenge to Chicago’s ban on handguns, signaled Tuesday that they were ready to extend gun rights nationwide, clearing the way for legal attacks on state and local gun restrictions.

The Los Angeles Times


Justices seem to lean toward extending individual right to own guns

At least five justices appeared poised to expand the scope of the Second Amendment’s protection of the right to bear arms on Tuesday, judging from comments at an unusually intense Supreme Court argument.
By its conclusion, it seemed plain that the court would extend a 2008 decision that first identified an individual right to own guns to strike down Chicago’s gun control law, widely considered the most restrictive in the nation.

The New York Times


What Do the Supremes Think of Chicago’s Gun Ban?

Despite the push by Chicago to make McDonald v. City of Chicago about crime, a majority on the Supreme Court today appeared to want nothing to do that argument. Justice Anthony Kennedy described the right to self defense as being as “fundamental” as the right to freedom of speech. The question the court faces is how many of Chicago’s regulations beyond the ban should survive.

Fox News


Will the Supreme Court Recognize the Truth

In the 2008 “Heller” decision, the Supreme Court struck down Washington, D.C.’s handgun ban and gunlock requirements. Unsurprisingly, gun control advocates predicted disaster. They were wrong. What actually happened in our nation’s capital after the Heller decision ought to be remembered tomorrow as the Supreme Court hears a similar constitutional challenge to the Chicago handgun ban.

Fox News


Guns before the court

Today the Supreme Court will hear argument in a case that is likely to result in a landmark decision. In McDonald v. Chicago, the Court will consider whether the individual right to bear arms it recognized in District of Columbia v. Heller can be enforced against State and local governments. In doing so, it may address more broadly the way in which individual rights are enforced against the States and the extent to which State and local governments can regulate or restrict those rights.

American Spectator


Does the Second Amendment Apply Outside the Home?

On Tuesday, the Supreme Court considered the question of whether the Second Amendment applies outside of jurisdictions controlled by the federal government. The court will almost certainly say yes, and soon it may consider a question that should be equally easy to answer: whether the Second Amendment applies outside of the home.

Townhall


Our most basic rights

The Second Amendment of the Constitution says “a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” The U.S. Supreme Court heard arguments Tuesday as to what that actually means.

The Herald Journal (Spartanburg, S.C.)


Gun rights: High court hears another case

In a 5-4 decision in the summer of 2008, the U.S. Supreme Court in District of Columbia v. Heller held that the Second Amendment protects an individual’s right to possess a firearm for private use.
Washington, D.C., Mayor Adrian Fenty was apoplectic. “More handguns in the District of Columbia will only lead to more handgun violence,” he predicted, demanding that the City Council promptly enact onerous new gun control rigmarole that would “get around” the Heller decision.
“Armageddon never arrived,” John Lott Jr. points out in a March 1 essay for FOXNews.com. Quite to the contrary, murders in Washington plummeted by a whopping 25 percent from 2008 to 2009, Mr. Lott reports. D.C.’s murder rate “is now down to 23.5 per 100,000 people, Washington’s lowest since 1967.”

The Las Vegas Review Journal


A few thoughts on the McDonald argument

Based on a quick read of the oral argument transcript, a few things stood out:
1.The Privileges or Immunities arguments never really got off the ground. None of the Justices seemed in favor of that approach, at least based on the questions. (Justice Thomas, as is his custom, asked no questions.) Only about 10-12 minutes of the questioning even concerned the P or I route, and the questioning seemed mostly focused on trying to understand the nature of the claim. For my VC co bloggers and many VC commenters who hoped today would signal the beginning of the libertarian constitutional revolution, there doesn’t seem to be much room for optimism.

The Volokh Conspiracy


More guns, less crime

The District of Columbia’s murder rate plummeted by an astounding 25 percent last year, much faster than for the US as a whole or for similarly sized cities. If you had asked Chicago’s Mayor Daley, that wasn’t supposed to happen. The Supreme Court’s 2008 decision to strike down DC’s handgun ban and gunlock requirements should have lead to a surge in murders, with Wild West shootouts. The Supreme Court might keep Daley’s predictions in mind today as they hear the oral arguments on Tuesday in the Chicago handgun ban case.

Big Government

Press Releases:

Michigan Attorney General: Confident U.S. Supreme Court will protect right to bear arms

Attorney General Mike Cox today said he is confident the United States Supreme Court will again protect the right to bear arms found in the Second Amendment to the Constitution as they hear oral arguments over Chicago’s handgun ban. The local case has national implications because it could put an end to state and local infringement of gun ownership.

Office of the Michigan Attorney General


Texas Attorney General Greg Abbott attends landmark Second Amendment argument

Texas Attorney General Greg Abbott today attended oral argument at the United States Supreme Court, which this morning heard the Second Amendment case, McDonald v. City of Chicago. The landmark case involves a constitutional challenge to the City of Chicago’s prohibitions on handgun possession. Attorney General Abbott led a national effort to protect all Americans’ right to keep and bear arms by forging a 38 state coalition that defended the Second Amendment and argued that Chicago’s handgun ban is unconstitutional.

Attorney General of Texas


Ohio Attorney General: Compelling arguments today in defense of Second Amendment rights

The United States Supreme Court heard arguments today in the case of McDonald v. Chicago and is poised to decide whether the Second Amendment right of people to keep and bear arms applies not only to the federal government, as the court held two years ago, but also to state and local governments.

Ohio Attorney General


Ohio Rep. Space: Supreme Court must stand up and again defend right to bear arms

Anticipating the start of oral arguments in the McDonald v. City of Chicago case, U.S. Rep. Zack Space today called on the Supreme Court to again stand up for the Second Amendment Rights of all Americans. Space has been one of the most vocal advocates in Congress for Second Amendment Rights and Second Amendment issues.
“The Second Amendment is crystal clear: Americans have a Constitutional right to bear arms,” Space said. “We’ve seen this Supreme Court side with Second Amendment advocates before, and we’re demanding that they rule again in defense of Americans’ Constitutional rights.”

Representative Zack Space, U.S. House of Representatives


Florida Senator LeMieux: Right to bear arms is fundamental

U.S. Senator George LeMieux (R FL) today made the following statement after attending the U.S. Supreme Court oral arguments of McDonald v. Chicago. The Supreme Court is weighing whether the Second Amendment protection against government infringement of an individual’s right to keep and bear arms should apply to state and local governments. The federal government is already restricted from such an infringement on personal liberties.
Senator LeMieux said: “Before our nation’s founding, the right to keep and bear arms was accepted as a fundamental individual right. The Framers of the Constitution were careful to assure that this right would not be infringed by expressly preserving it in the Second Amendment.

Senator George LeMieux, U.S. Senate


Kansas Rep. Tiahrt: Supreme Court should bring Chicago back from left

U.S. Congressman Todd Tiahrt (R Kan.) today issued the following statement as the U.S. Supreme Court began hearing opening arguments in a case that challenges whether or not local and state entities can take away the 2nd Amendment rights of American citizens to defend themselves in their own homes. Tiahrt has fought to protect the privacy of every firearm owner in America with the Tiahrt trace data amendment that has been attacked by New York Mayor Michael Bloomberg and liberal gun control organizations.

Representative Todd Tiahrt, U.S. House of Representatives

Montana Sen. Baucus: Supports 2nd Amendment by attending Supreme Court gun rights arguments

Montana’s senior U.S. Senator Max Baucus today was present at the Supreme Court to hear oral arguments for a case that may have far reaching affects on gun owners in Montana and across the country. The high court is considering a case that is expected to establish whether or not state and local governments are required to obey the Second Amendment guarantee of a personal right to own a gun.
“I’m extremely interested in the outcome of this case,” Baucus said after the hearing. “Oral arguments were compelling. The bottom line is that all law biding citizens have the right to bear arms — whether it’s for hunting in the great outdoors or for protection. It’s spelled out right in the Constitution, and we’ve got to protect it. You can bet I’ll be keeping a close eye on this case as it moves forward.”

Senator Max Baucus, U.S. Senate

SOURCE

LIBERTY ALERT: Your Health Care Privacy is at Stake!‏

March 3, 2010
Hey everyone,
Please take a few minutes and read this special op-ed by Independence Institute Health Care Policy Center Director Linda Gorman titled, “House Bill 1330: The All-Payer Database is a Transparency Trojan Horse.”
Here are the nuts and bolts of this devastating legislation:
House Bill 1330 would create an “all-payer health claims database” in Colorado. Bill supporters claim government can reduce health care costs through “transparent public reporting of health care information.” In fact, the bill is a transparency Trojan Horse. It will make your most personal actions transparent to government officials, officials who have no business keeping track of what kind of health care you buy or what you pay for it.

The bill authorizes the state to collect information on every health care transaction in the state, including information from private medical records, insurer files, and hospitals.

People who refuse to comply can be fined. There is no limit to the fines that may be assessed.”

Point blank, our privacy and basic civil liberties are at stake here folks.
House Rep. Kefalas and Kagan, Apuan, Court, Fischer, Gagliardi, Levy, Miklosi, Pace, Primavera, Rice, Riesberg, Solano, Tyler, Vigil are sponsoring it on one side.  Senator John Morse is sponsoring it on the Senate side.
If you’d prefer to listen to a 15 minute podcast on this monstrosity, you can listen here.
If the state government is mandated to collect all of our private medical information in the name of “transparency,” we’ve clearly deviated from what the word means.  Transparency is a mechanism that allows the citizens to account for government’s actions, NOT for the government to keep track of its citizens’ most private information!  This government is supposed to serve us, not spy on us!
As soon as I find out the next step this horrible piece of legislation is taking, I will let all of you know.  I have a couple sources who are closely following it and will provide me up to the minute information.
Please stay tuned!
Thanks for listening,
Justin Longo
Legislative Director, Libertarian Party of Colorado
“Whoever wishes peace among peoples must fight statism.” -Mises
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Phone: (703) 994-7104

LegislativeDirector@LPColorado.org

Big Changes Await Gunnison Elk Hunters‏

March 3, 2010

Gunnison, Colo.–Gunnison elk hunters will see significant regulation and license changes for the 2010 big game seasons.  Two groups–archery hunters and second-season rifle hunters–are affected most by changes to license allocation and should plan carefully before arriving to the Gunnison area this fall.

“We want to make sure hunters accustomed to purchasing over-the-counter elk licenses are aware of these changes well before the start of the seasons,” said J Wenum, DOW area wildlife manager for Gunnison.  “We don’t want hunters showing up here realizing they cannot purchase licenses or that licenses have been sold out.”

Beginning this year, archery hunters can no longer purchase over-the-counter licenses for Game Management Units 54, 55 and 551. All Gunnison archery licenses are allocated by the limited drawing only for the 2010 season.  Therefore, bow hunters must participate in the spring drawing and have applications submitted prior to the April 6 deadline to obtain licenses for these Units.

In addition, the Division of Wildlife is planning to reduce archery elk licenses approximately 30 to 50 percent for the upcoming season based on guidance already given by the Wildlife Commission. The 2010 license allocation is based on a three-year average of license sales during the 2007-09 seasons.

Second-season rifle hunters will also see a change in license allocation in Unit 54.  Similar to previous years, hunters may purchase over-the-counter elk licenses, but licenses will be “capped” and limited in quantity.   Licenses are sold on a first-come, first-served basis beginning July 13 at statewide DOW offices and license agents, and online on the DOW Web site.

Approved last year under the Five-Year Review of Big Game Season Structure, the Colorado Wildlife Commission implemented these changes to improve hunter harvest rates and to bring overpopulated Gunnison elk herds closer to objective.

During the past several years, the number of archery hunters has increased significantly in the Gunnison Basin.  Increased hunting pressure has caused an early movement of elk into sanctuary areas–private ranches and wilderness areas–making animals inaccessible to both archery hunters and rifle hunters later in the season.

Wildlife managers are optimistic that reducing early season hunting pressure will improve overall hunter success and help to lower elk populations.

“Overall, these changes should provide expanded opportunities for rifle hunters to harvest antlerless elk,” said Wenum.

For a list and explanation of all 2010 Gunnison Basin big game regulation changes, please visit the following link: http://wildlife.state.co.us/NR/rdonlyres/97D14105-03A3-40EA-9C26-010C3C41DCEB/0/GunnisonBasinChanges2010.pdf

For more information about Division of Wildlife go to: http://wildlife.state.co.us.

Pronghorns relocated

March 3, 2010

PRONGHORN RELEASED IN GUNNISON BASIN


GUNNISON, Colo. – The Colorado Division of Wildlife released 62 pronghorn in the Gunnison Basin on Feb. 26 to supplement the population in that area. The release area was about 20 miles southeast of the town of Gunnison.

The animals were trapped earlier in the day on private property in an area northeast of Pueblo where there are an abundance of pronghorn. Hunting is not allowed in that area and the number of pronghorn is over the population management objective set by the DOW. Relocating animals is an established wildlife management technique that is used nationwide.

“It was a win-win situation,” said Brian Dreher, terrestrial biologist with the DOW in the Colorado Springs area. “Gunnison needed some pronghorn to bolster their herds and this area near Pueblo had plenty to spare.”

In the Gunnison Basin, the animals were released south of U.S. Highway 50 and east of the Cochetopa Canyon.

Pronghorn are native to the Gunnison Basin, but they do suffer during periods of extreme weather. During the severe winter of 2007-08 more than half of the approximately 600 pronghorn in the basin died due to the weather conditions. The DOW estimates that prior to Friday’s relocation only about 300 pronghorn roamed the vast sage brush hills.

“The pronghorn really took a hit during the winter of 2008,” said J Wenum, area wildlife manager for the Gunnison area. “We’re happy to have more of them in the basin again.”

A previous transplant came after the severe winter of 1984. Pronghorn were trapped in the Trinidad area and relocated to supplement the few remaining animals that existed in the Gunnison Basin at the time.

The technique to trap the pronghorn at Pueblo has been used for many years by the DOW. Two fence lines about one-quarter mile long were built at angles to form a funnel shape. A low-flying helicopter herded the animals into the fenced area and then about 100 DOW biologists, staff and volunteers formed a line and walked slowly behind the animals and eventually pushed them into the small end of the enclosure.

At the narrowest point a net was dropped onto the animals. Then the people who had formed the line ran to hold the animals down. Blindfolds were quickly put over the animals’ eyes to help calm them and their legs were hobbled. DOW veterinarians were on hand to keep an eye on the animals. An ear tag was placed on each animal to help biologists track their movements in the basin. The hobbles and blindfolds were then removed and the pronghorn were placed on beds of hay in horse trailers and transferred to the release sites.

Pronghorn are small compared with other big game animals – about three feet tall at the shoulder and weigh from 85-165 pounds. They can run at speeds exceeding 60 miles per hour and are the fastest mammals in the Western Hemisphere.

The scientific name for pronghorn is Antilocapra americana.  The common names are: antelope, pronghorn antelope, and prairie goat. Pronghorn are small, graceful, hoofed mammals with a large head and prominent, laterally positioned eyes.  Keen eye sight and speed are their primary defense mechanisms. Just a few hours after being born a pronghorn can run up to 30 miles per hour.

Pronghorn generally live in grasslands and semi-desert shrub lands on rolling topography that affords good visibility. In spring and summer, the older, more dominant bucks are solitary and the younger males form bachelor bands of up to 12 individuals. The females – known as does – with young form small herds.  In the winter, there are large herds of mixed sex and age classes.

Breeding occurs in the fall, from mid-September to mid-October. Males are territorial during the autumn rut; and while they threaten combat, there is little actual contact. Dominant males round up groups of females.  Gestation averages 252 days. The young are born from late-May to mid-June. On average, each doe gives birth to two young. In the wild, pronghorn have a typical lifespan of 7-10 years.

Males shed the outer sheath of their horns after breeding. The resulting new growth each year produces a steadily larger set of horns. No other North American mammals have branched horns over a bone core.

For more information about pronghorn, go to the DOW’s web site at: http://wildlife.state.co.us.

PHOTO: Copy and paste photo from this URL. Caption is below.
dnr.state.co.us/ImageDBImages/25671.jpg

Two pronghorn walk into their new home in the Gunnison Basin. The animals were trapped on Feb. 26 east of Pueblo and then taken to the Gunnison area the same day to be released. A total of 62 pronghorn were relocated in an effort to increase the population of pronghorn in the Gunnison Basin. Half of the 600 animals in the basin died during the severe winter of 2007-08. Photo: Colorado Division of Wildlife.

For more information about Division of Wildlife go to: http://wildlife.state.co.us.