Archive for the ‘Hoplophobia’ Category

Pending legislation that affects your freedom and liberty

January 7, 2010

The goons in swamp town are always up to something, and it most often means a loss of freedom and liberty for you and I.

Here is an updated list courtesy of N.A.G.R. See the sidebar for a link to the homepage.

Updated 11/06/2009

NAGR Oppose
or
Support
Bill Number Sponsors Subject (check bill for official full title) Location
(where is the bill, as of update)
Status
Support H.R. 17
Rep. Roscoe Bartlett [R-MD]
Citizens’ Self-Defense Act of 2009 House Referred to Committee
Strongly Oppose H.R. 45 Rep. Bobby Rush (D-IL) Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 House Introduced
Neutral H.R. 197 Rep. Cliff Sterns (R – FL) National Conceal Carry Reciprocity House Referred to Committee
Strongly Oppose H.R. 257 Rep. Sheila Jackson-Lee (D-TX) National Lock-Up-Your-Safety Storage Law House Referred to Committee
Support H.R. 442 Rep. Denny Rehberg (R-MT) Amnesty for veterans to register N.F.A. machine guns House Introduced
Neutral H.R. 495 Rep. Ciro Rodriguez (D-TX) Cracking down on Mexican Gun Running House Introduced
Strongly
Oppose
H.R. 623 Rep. Silvestre Reyes (D-TX) Increase sentencing guidelines for firearms convictions House Introduced
Strongly Support H.R. 642 Rep. Jeff Flake (R-AZ) Codify recreational shooting rights on Federal Land House Referred to Committee
Strongly Oppose H.R. 675 Rep. Bob Filner (D-CA) Grant Department of Defense authority to execute warrants, make arrests, and carry firearms. House Referred to Committee
Strongly Oppose H.R. 808 Rep. Dennis Kucinich (D-OH) Establishing a Department of Peace House Introduced
Oppose H.R. 834 Rep. Ted Poe (R-TX) Exemption Law enforcement for criminal prosecution for using firearms to commit a crime House Referred to Committee
Support H.R. 1074 Rep. Steve Scalise (R-LA) Reform FFL laws to make it easier to buy and sell firearms legally across state lines. House Referred to Committee
Oppose H.R. 1105 Rep. David Obey Omnibus Funding Bill, including appropriations for Bureau of Alcohol, Tobacco and Firearms House PASSED
Support H.R. 1620 Rep. John Boozman (R-AR) Expands certain permit holders’ reciprocity House Referred to Committee
Support H.R. 1684 Rep. Doc Hastings (R-WA) Extends 2nd Amendment Rights to National Parks and National Wildlife Refuges House Referred to Committee
Strongly Support H.R. 1923 Rep. Phil Gingrey (R – GA) Requires BATFE to video tape the examination and testing of firearms and ammunition. House Referred to Committee
Oppose H.R. 2159 Rep. Peter King (R – NY) Allows the Attorney General to place domestic “terror” suspects on a “No Guns” List House Referred to Committee
Strongly Oppose H.R. 2324 Rep. Michael Castle (R – DE) Close down Private Sales (Gun Show “Loophole) House Referred to Subcommittee
Strongly Oppose H.R. 2401 Rep. Carolyn McCarthy Put the so-called “no fly list” names in the NICS database and prevents them from buying firearms House Referred to Committee
Support H.R. 2547 Rep. Jerry Moran (R – KS) Veterans 2nd Amendment Protection Act House Referred to Sub-Committee
Neutral H.R. 2780 Rep. Thomas Rooney (R – FL) Definition of restricted Federal buildings House Referred to Commitee
Oppose H.R. 2847 Rep. Allan Mollohan (D-WV) Appropriations bill for Department of Justice and the BATFE. House Passed House
Oppose H.R. 2924 Rep. Alcee Hastings (D-FL) Establish commission to conduct anti-gun study on popular culture. House Referred to Committee
Strongly Support H.R. 3021 Rep. Ron Paul (R – TX) To Repeal the “Gun-Free School Zones Act of 1995” and its amendments House Referred to Committee
Strongly Support H.R. 3022 Rep. Ron Paul (R – TX) Repeal the Brady Bill and the 2005 Trigger Lock Law House Referred to Committee
Neutral H.R.3781 Rep. Betsy Markey (D-CO) To use certain restricted Federal funds to build Federally owned shooting ranges House Referred to Committee
Support H.R. 3789 Rep. John Fleming (R-LA) To allow the checked-baggage transportation of firearms and ammunition on Amtrak Trains House Referred to Committee
Neutral S. 160 Sen. Joe Liberman (D-CT) Grants extremely limited gun rights to D.C. citizens Senate Passed Senate
Neutral S. 205 Sen. Jeff Bingaman (D-NM) Cracking down on Mexican Gun Running Senate Referred to Committee
Support S. 371 Sen. John Thune (R – SD) Expansion of resident permit reciprocity. Senate Referred to Committee
Support S. 556 Sen David Vitter (R – LA) Firearms Transfer Improvement Act Senate Referred to Committee
Support S. 669 Sen. Richard Burr (D-SC) Protects veterans 2nd Amendment rights from pernicious mental adjudication Senate Referred to Committee
Strongly Oppose S. 843 Sen. Frank Lautenberg (D-NJ) Closing the so-called “gun show loop-hole” Senate Introduced
Neutral S. 845 Sen. John Thune (R – SD) Expand Concealed Carry Reciprocity Senate Referred to Committee
Support S. 941 Sen. Mike Crapo (R – ID) Reform and modernize the BATFE and their testing procedures Senate Referred to Committee
Oppose S. 1132 Sen. Patrick Leahy (D – VT) Extends concealed weapons privileges to “law enforcement” officers of the Amtrak Police force. Senate Referred to Committee
Strongly Oppose S. 1317 Sen. Frank Lautenberg (D-NJ) Allows the Attorney General to place domestic “terror” suspects on a “No Guns” List Senate Referred to Committee
Support S. 1638 Sen. Roger Wicker (R – MS) Allows citizens to transport firearms, locked and unloaded on Amtrak trains Senate Referred to Committee
Neutral S. 1789 Sen. Mark Udall (D-CO) To use certain restricted Federal funds to build Federally owned shooting ranges Senate Referred to Committee

H.R. 45: Is this monstrocity back?

January 6, 2010
NAGRbanner

NAGR Video Exclusive:  H.R. 45:  A Call to Action
Click on the image below to view NAGR Executive Director Dudley Brown speak out on H.R. 45, Barack Obama’s National Gun Registration and Citizen Disarmament Act.

If you cannot see the image above, please click here.


What can you do to help?
  • Forward this email to your friends and family.  Alert your fellow gun rights activists about this attack on our Constitutional Rights.
  • Complete our Citizen Action Form under the video. Just click the video above to be taken straight to the page.

  • Make a donation to the National Association for Gun Rights to help us continue our fight against H.R. 45 and President Barack Obama’s anti-gun schemes.

To help the National Association for Gun Rights grow, please forward this to a friend.

To view this email as a web page, please click this link: view online.

Help fight gun control. Donate to the National Association for Gun Rights!

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Copyright © 2009 National Association for Gun Rights

2010: Second Amendment in the crosshairs

January 4, 2010

Lots of issues will be on the table this coming year, and none will be more important than those that surround The Second Amendment. It is, after all is said and done that which protects the rest of the entire Bill of Rights.

The Epic Fail Administration and cohorts have shown what utter contempt they hold for the American people as well as the rule of law in their handling of the obamacare fiasco. Not to mention that while all that “debate” was unfolding the obamanites sold out America’s Sovereignty. Read about that HERE, HERE, HERE, HERE, and yes more HERE! Strong work Anthony!

The sheer arrogance of the current administration and Congress would be mind boggling, that is, if the strategy were not so transparent. I submit that they are well aware of what will happen come Judgment Day 2010. Their plan,as it were, is to do as much lasting damage to the United States as they possibly can in a short time, and to stack the Supreme Court and other Federal Courts to achieve what ever lasting effect they can shove down our throats.

Then we have this, from the dog that fetched the bone…

The Second Amendment faces a decisive year in 2010. Attorney General Eric H. Holder Jr. has called for new semi automatic gun bans despite their decade long record of fraud and failure, and despite his own Justice Department’s failure to fully or even half heartedly prosecute federal firearm felonies. Mr. Holder and Secretary of State Hillary Clinton have demonstrated their willingness to use cooked statistics to blame Mexico’s violent drug war on Americans and their Second Amendment rights. Anti gun leaders in Congress have introduced bills to ban guns, license gun owners, register guns, tax bullets, serialize ammunition, shut down gun shows and a hundred other schemes. They’re still there, proposing every nonsensical gun law they can imagine that only affect law abiding citizens, while criminals go about their evil business unfettered. Meanwhile at the United Nations, global citizen disarmament nongovernmental organizations (NGOs) and freedom fearing dictatorships worldwide maneuver to impose their will on you through international treaties. But it is a new year. And, in a very crucial way, 2010 may be a year unlike any other in American history when the Second Amendment could, finally and truly, be recognized as a right for all Americans.

Read About It: The Washington Times
SOURCE

Deer Tales: Another Hunting Remembrance

January 2, 2010

Jerry, an old friend spoke with me on the phone for a bit yesterday. He reads the blog, but never comments, and asked why I don’t do more story’s  about the hunting trips that all of us enjoyed so much in the years gone by. His son Jason was listening in the background. He burst out laughing, and said that I should write about the time we went Deer /Elk hunting when he was thirteen… Jason, this is for you!

Colorado GMU 15 is rugged and beautiful. Everything that people think of when they think outdoor recreation in Colorado. The entire Lynx Pass Area is a natural wonder that you should make sure and get to at least three times if you are an outdoors person. There are Grouse, Mule Deer, Elk if you are lucky in the least, and the stream that follows the gravel road harbors great numbers of Brook Trout as well as an occasional Cutthroat and Cutt/Bow hybrid. It is also just about surrounded by “Draw” License tag areas for Elk, and in 1990 it was an OTC Deer tag. Need I say more?

Jerry,  Jason, and Michael all poured themselves into the land Cruiser and found myself and fellow hunting addict Charlie on the tiny and only spot where the land is public on the south side of Lynx Pass Road. Charlie and I were putting the finishing touches on the camp as they pulled in and all were happy that they had not only found us, but that they were in one piece. Earlier, we had heard that there had been a pretty bad accident on Gore Pass, and we hoped and prayed that our friends were not involved in it. They were all amazed that such wild beauty could be found a scant four hours from Denver.

Then things went south, so to speak…

Charlie asked if they had finally sighted in their rifles. See, he and Jerry worked together, the response was not what was expected, and Charlie reacted accordingly. Soon, after a bit of this and that, they all piled into Charlies Toyota, and headed South, as in away from our hunting area to get the rifles sighted in. This would normally have not been an issue as Charlie and myself are dyed in the wool bow hunters. But, this year our schedules and the stars just didn’t cross.

Two hours later they returned. Sadness abounded on their faces and demeanor. Jason’s new rifle simply refused to shoot straight. Charlie handed me the rifle,and said that he had tightened all the screws and so on, and that it was all over the board no matter who was behind the trigger. I nodded, and held the rifle up, and looked through the scope. It had been mounted improperly, but, something told me to look a bit farther. I rested it on the table, on top of a sleeping bag, sighted on a distant rock, and told Charlie to tap the rifle… he did,and the reticule danced. I held the rifle a little more firmly, and asked for a repeat. I got a repeat…

Jason looked like he was about to burst out in tears. I looked at him and said, “Boy,  go over to the back of my car, and get that rifle case out.” He did, and I opened the case up, and his eyes got really wide.  It was my bread and butter gun; a Remington 7mm Express that I had killed my very first Buck with near Camp Las Pulgas, on Camp Pendleton when I was a kid. I would shoot my sons 270 as it wouldn’t be right to lend his rifle to a child without his permission. Besides, he still has the 7mm Mag BDL that he “borrowed” some time in 87

A quick trip down the road, and I was satisfied that Jason could,in fact, hit the broad side of a dinner plate at 200 yards with my trusted rifle, only a slight windage adjustment was needed… ( Not to mention that the lil’ piss ant shot way tighter groups than I do with it!)

We returned to camp, and I set about getting things other than beer and whiskey ready for supper. Jerry had usedmy Wrist Rocket to secure nine Blue Grouse for the pot, and Charlie had pulled about twenty Brook Trout from the stream.

To be continued.

A Happy New Year? Well on some fronts it is! Blackwater case over turned, but there are other troubling things out there

January 1, 2010

Well, the good news is that the folks from Blackwater had their case overturned, and the Iraqi’s are not pleased… We discuss this situation over at Texas Freds.

But, here at home the fight never ends either.

A few months ago, the National Association for Gun Rights first broke this incredible tale out of Shreveport, Louisiana.

At the time, no other gun rights organization had touched the story.  But when we tracked down the victim for an interview, we couldn’t believe what we heard, and we immediately sent out a nationwide alert.

The story went viral overnight.

If this tale of government abuse moves you, send it to a friend or family member to get the word out.


Welcome to Shreveport:  Your rights are now suspended.

According to Cedric Glover, mayor of Shreveport, Louisiana, his cops “have a power that [. . .] the President of these Unites States does not have”:   His cops can take away your rights.

And would you like to guess which rights he has in mind?

Just ask Shreveport resident Robert Baillio, who got pulled over for having two pro-gun bumper stickers on the back of his truck — and had his gun confiscated.

While the officer who pulled him over says Baillio failed to use his turn signal, the only questions he had for Baillio concerned guns:   Whether he had a gun, where the gun was, and if he was a member of a pro-gun organization.

No requests for a driver’s licence, proof of insurance, or vehicle registration — and no discussion of a turn signal.

Accordingly, Baillio told the officer the truth, which led the police officer to search his car without permission and confiscate his gun.

However, not only does Louisiana law allow residents to drive with loaded weapons in their vehicles, but Mr. Baillio possessed a concealed carry license!

What does such behavior demonstrate, other than transparent political profiling — going so far as to use the infamous Department of Homeland Security report on “Americans of a rightwing persuasion” as a how-to guidebook, no less?

Mr. Baillio made no secret of his political affiliations: An American flag centers a wide flourish of pro-freedom stickers and decals on his back windshield.

In fact, when Baillio asked the officer if everyone he pulls over gets the same treatment, the officer said no and pointed to the back of his truck.

Baillio phoned Mayor Glover to complain about this “suspension of rights” only to find that his city’s morbidly obese “commander in chief” was elated at the story:  According to Glover, Baillio got “served well, protected well, and even got a consideration that maybe [he] should not have gotten.”

Thankfully, Mr. Baillio recorded a good bit of that phone call.  You can watch a video with the transcriptions here.  I’ve reproduced a chunk of the call below:

Baillio: (in the context of being asked about the presence of a gun) Well, I answered that question honestly, and he disarmed me.

Glover: Which would be an appropriate and proper action, sir. The fact that you gave the correct answer — it simply means that you did what it is you were supposed to have done, and that is to give that weapon to the police officer so he could appropriately place it in a place where it would not be a threat to you, to him, or to anyone in the general public.

[. . .]

Glover: My direction to you is that, had you chosen not to properly identify the fact that you had a weapon and directed that officer to where that weapon was located; had you been taken from the vehicle, and the officer, in the interest of his safety, chose to secure you in a safe position, and then looked, found, and determined that you did, in fact, have a weapon…then, sir, you would have faced additional, [inaudible], and more severe criminal sanctions.

Baillio: So what you’re saying is: I give up all my rights to keep and bear arms if I’m stopped by the police: Is that correct?

Glover: Sir, you have no right, when you have been pulled over by a police officer for a potential criminal offense [which would be what?! – DB] to stand there with your weapon at your side in your hand [Baillio’s weapon was nowhere near his side or his hand, and Glover knew that. – DB] because of your second amendment rights, sir. That does not mean at that point your second amendment right has been taken away; it means at that particular point in time, it has been suspended.

Will Grigg from ProLibertate, an excellent freedom blog, has this to say:

According to Glover, a police officer may properly disarm any civilian at any time, and the civilian’s duty is to surrender his gun — willingly, readily, cheerfully, without cavil or question.

From Glover’s perspective, it is only when firearms are in the hands of people other than the state’s uniformed enforcers/oppressors that they constitute a threat, not only to the public and those in charge of exercising official violence but also to the private gun owner himself.

NAGR spoke with Mr. Baillio, and he told us that he’s in the process of securing the official procedures and codes for firearm handling and private property confiscation for the Shreveport police department.

So far, the city has been half-heartedly cooperating with him.

“I felt sick,” Baillio told NAGR. “My uncles didn’t die for this country so I could surrender my rights like a wimp.  I felt terrible.  I was just thinking of all that my family has done for freedom in this nation — including dying — and here they are disarming me at a traffic stop.”

What to do?

  1. Read Luke’s commentary here, and participate in the discussion by leaving a comment.
  2. Send this around. This kind of behavior cannot go unchecked.
  3. Call Mayor Glover’s office to complain: (318) 673-5050.

I’ll leave you with one last consideration.  As a licensed firearms instructor in charge of a hundred different students every month, I’m often asked if citizens should voluntarily inform police officers of the presence of a firearm during a routine traffic stop.

While different states have different laws, my answer for Colorado citizens is an emphatic “No”: Colorado law doesn’t require you to volunteer that kind of information, and this case in Louisiana proves why, if at all possible, you should never invite trouble by doing so.

For Liberty,

Dudley Brown
Executive Director
National Association for Gun Rights

P.S. NAGR maintains a gun rights blog that our members use to keep abreast of current gun rights developments.

Whether the news is coming down from Congress, the states, the ATF, Michael Bloomberg, Eric Holder, or even this particular autocratic city official, Luke will keep you ahead of the game and up to speed on the battle for your gun rights.

To visit the blog, click here or point your browser to www.NationalGunRights.org/Blog.


College student shoots home invader, saves 10 lives

December 30, 2009

From a relatively new organization we received this; Funny how the GMM (Government Mandate Media) has not splashed this all over the news screens. Or is it..?

Yet another reason to keep a gun in the house . . .

Several months ago, in the notoriously dangerous neighborhood of College Park in Atlanta, Georgia, two armed criminals broke into a house party of students.

After confiscating the group’s valuables, the invaders split the men and women up into different rooms.

Witnesses say the perpetrators then counted their rounds and discussed if they had “enough” ammunition.

The students believe the gunmen were going to rape and murder the entire group of students, who were celebrating a birthday at the end of the semester.

However, one male student, whose identity is being protected by police and local media, retrieved a handgun from his backpack and fired at the thug who was detaining the men.

(That is: One smart student had prepared for a night in College Park, Atlanta.)

The criminal fled the apartment under the threat of injury and never returned.

The student continuing on into the girls’ room, found the other thug, 23-year-old Calvin Lavant, preparing to rape his first victim.

The student exchanged gunfire with Lavant, lethally wounding him in the process.  Lavant fled through a window and died in front of his apartment, only one building away.

One of the female students was injured during the exchange, but doctors expect a full and complete recovery.

So what’s the point

A student saved the girls from rape, and saved the whole group of 10 people (including himself) from murder … and he did it with a handgun.

This is a perfect example of how ludicrous “big city gun laws” are.  What if this had happened in New York, Chicago, or any of the other big cities that criminalize their citizens’ self defense?

Yes, we would be reading an entirely different story — one so horrendous that we would shudder at the very words.

Either this whole group of friends would have been raped and murdered by these two sorry excuses for human beings . . . or the hero of this story would be facing prison time for firearm possession and murder.

Thankfully, however, Atlanta hasn’t outlawed self-defense yet.  And since someone had a gun and was willing to use it, innocent life was preserved.

Congratulations to the unnamed hero of this story.  You saved your friends’ lives.

In Liberty,

Dudley Brown
Executive Director
National Association for Gun Rights


To help the National Association for Gun Rights grow, please forward this to a friend.

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More Guns Less Crime: It was true before, and it is still true

December 26, 2009

The sales boom in firearms and ammunition, largely due to the Gun Salesman of the year / Ammunition Salesman of the year, Barack H. Obama and his merry band of misfits. Has yet again caused anti liberty and freedom types to shake their heads. After all, the Brady Bunch et al would have you believe that guns are sentient things that cause crime and destruction all on their own via some mystical power over people.

Yet, the FBI says otherwise: Full story here

CRIME RATES FALL
In the First Half of 2009
12/21/09

Chart showing declining crime rates in preliminary report of first half of 2009
– View the Preliminary Crime Statistics

For the third year in a row, our Preliminary Semiannual Uniform Crime Report shows that violent crime, property crime, and arson have decreased. The latest report compares January-June 2009 figures with the same time period in 2008.

Crimes reported to our Uniform Crime Program are down collectively: violent crime overall decreased 4.4 percent, property crime is down 6.1 percent, and arson fell 8.2 percent.

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Individual crimes are also decreasing across the board:

Other interesting highlights:

  • Murder was lower in all four regions of the country, with the largest decreases in the Northeast (13.7 percent) and the West (13.3 percent).
  • Motor vehicle thefts decreased significantly in all four regions of the country (Northeast, 19.3 percent; Midwest, 21.4 percent; South, 17.8 percent; and West, 18.2 percent).
  • While violent crime and aggravated assault were down in cities of more than 1 million people (7.0 percent and 6.2 percent, respectively), in cities of populations between 10,000 and 24,999, violent crime rose 1.7 percent and aggravated assault rose 3.8 percent.
  • While both metropolitan areas and non-metropolitan areas experienced decreases in violent crime and property crime in general, non-metropolitan counties saw increases in robbery (3.8 percent) and arson (1.2 percent).
  • On a regional basis, the only uptick in any crime was a slight increase in burglaries in the South (up 0.7 percent)

Legalized Prostitution : The U.S. Senate and Congress

December 24, 2009

Legalized prostitution comes in many forms, and the attention whores that makeup a majority in the Senate and Congress are no different than the crack whore’s on Colfax Avenue in Denver.

Whether the pay off is in a lighter sentence, or approval from their pimp I see little difference between an honest prostitute and a politician that sells virtue period. But? They can have their uses, and just like a street cop using a confidential informant a politician can be used toward the greater good when surrounded by evil. Read on:

Gun Owners of America Wins a Skirmish on ObamaCare

— Trumpets recent victory to be grateful for this Christmas

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102
Springfield, VA 22151
703-321-8585
www.gunowners.org

“Score one for the Gun Owners of America ….” Slate, December 20, 2009

Wednesday, December 23, 2009

You guys have a lot to be thankful for this Christmas. Our efforts together in lobbying against ObamaCare have netted some positive gains, and that has the political left up in arms.

The writers at the ultra-liberal Slate magazine are beside themselves that an organization like the Gun Owners of America was able to move the Senate to include protections for gun owners.
According to Slate on December 20:

Score one for the Gun Owners of America, a lobby group positioned well to the right of the National Rifle Association…. [T]o pacify GOA, Senate Majority Leader Harry Reid (who represents the gun-loving state of Nevada has inserted into his “manager’s amendment” a section titled “Protecting 2nd Amendment Gun Rights.” It states that no wellness program implemented under health reform may require disclosure or collection of any information relating to gun ownership.

Medical information has already been used to deny — without due process or trial by jury — more than 150,000 military veterans the right to buy firearms.

Senator Reid tries to appease Gun Owners; leaves naysayers out on a limb

In the face of all this abuse, Senator Reid was pressured by GOA and his constituents into making a face-saving move. He wanted to silence the pro-gun community’s objections, so he took steps to strip the bill of any gun rights concerns.

But what a delicious irony this created. Prior to Senator Reid’s Second Amendment “fix,” many Senators had been telling their constituents for months that there were no Second Amendment concerns in the ObamaCare legislation — and now, Senator Reid left them out on a limb.

“There is no mention of ‘gun-related health data’ anywhere in the Senate’s health reform bill, and there is nothing in the bill that would result in any such data being reported to the government,” said Senator Bob Casey (D-PA) to one constituent. “I support the Second Amendment and will continue to uphold the rights of law-abiding citizens to own firearms.”

Senator Casey supports the Second Amendment? What a laugh! Has Senator Casey seen his voting record on the GOA website? This year, he’s voted wrong on gun issues over 70% of the time.

Then there’s Democrat Senator Jeff Bingaman of New Mexico: “It is my understanding that there is no discussion within the Senate concerning firearms in relation to health care.  Please be assured I will keep your comments in mind as the Senate debates comprehensive health care reform.”

Senator Bingaman, will you really keep the views of your constituents in mind? If so, then why did you vote for the ObamaCare bill? After all, more than 60% of the American people oppose it!

To listen to these and other liberal Senators, you would think there were no Second Amendment concerns in President Obama’s signature piece of legislation. But then, lo and behold, Senator Reid included language in his substitute amendment that totally undercut these Senators’ excuses.

GOA lobbying saves gun owners from bureaucratic mischief

Slate then goes on to lament the other victory that GOA scored:

[G]un owners also won another provision forbidding private insurers participating in the bill’s exchanges from charging higher premiums, or denying coverage, or denying wellness discounts on the basis of gun ownership. Unlike the previous section, this one doesn’t place a restriction on what government may do. It places a restriction on what the private sector may choose to do on its own. It inhibits that most holy of right-wing sacred cows: free enteprise [sic].

The socialists at Slate magazine hate free enterprise so much, they can’t even spell the word correctly. It’s reminiscent of the Fonz from Happy Days trying unsuccessfully years ago to get the words “I was wr-wr-wrong” out of his mouth.

Yes, it’s true that GOA won a victory in this area. But GOA’s opposition to the “wellness” regulations was not driven by an effort to help big business, as it was totally driven by opposition to GOVERNMENT REGULATION that would impinge upon gun owners.

Every draft of the ObamaCare legislation on Capitol Hill would give Health and Human Services Secretary Kathleen Sebelius tremendous regulatory power. And in early versions of the Senate bill, the anti-gun Sebelius could very well have mandated that gun ownership is an activity so dangerous that your insurance coverage needed to be suspended.

The Reid “fix” prohibits companies from charging insurance premiums that would impinge upon “lawful” gun owners, but this will leave millions of gun owners in the cold — specifically, those honest Americans who cannot legally own firearms in Chicago, Washington, D.C., and New York City.

Slate, of course, didn’t pick up on these loopholes in the Reid compromise, but then, you can’t expect a liberal cheerleader for the Obama machine to be overly careful about analyzing a Democrat-sponsored bill.

So the bottom line? Yes, thanks to your constant pressure, Gun Owners of America won a skirmish in the battle against socialized health care and gained some protections for gun owners.

But also remember that the ObamaCrats never really had our interests in mind and that they never really solved all the Second Amendment problems in the health care bill. Again, even with the Reid “fix,” it’s still possible that ATF agents could troll through your medical information and send that data to the FBI, who in turn, could use it to deny honest Americans their right to keep and bear arms — similar to the 150,000 military veterans who have now lost their gun rights.

The Senate is expected to vote on final passage of the ObamaCare bill tomorrow. The bill is expected to pass, but the fight is far from over. So please stay tuned, as Gun Owners of America will continue to keep you abreast of the latest developments.

Thanks again for all your activism this year. It really makes our job a whole lot easier.

Have a Merry Christmas!

————————————

Not a member yet of Gun Owners of America Please activate your membership for 2010 by going to http://gunowners.org/ordergoamem.htm and joining the only “no-compromise gun lobby” in Washington!

What’s that Smell?

December 23, 2009

Dave Kopel’s latest newsletter (see the link on the blog roll) unloads yet again with logic and reason. Bits and snips, with links below.

To subscribe to this free e-mail newsletter, please send a request to:
kopelnewsletter@liberty.seanet.com

Aiming for Liberty

David Kopel
Merril Press
December 4, 2009
http://www.amazon.com/Aiming-LIberty-Present-Freedom-Self-Defense/dp/0936783583/davekopel-20/
http://search.barnesandnoble.com/Aiming-for-Liberty/David-B-Kopel/e/9780936783581/?itm=2

Videocast on Aiming for Liberty

Dave Kopel with Jon Caldara
Independent Thinking, KBPI 12, Denver
November 27, 2009
http://www.youtube.com/view_play_list?p=EB5652D760AC2EAB
http://www.youtube.com/watch?v=XaJgIjxmFdQ
http://www.youtube.com/watch?v=mymokhfqhJk
http://www.youtube.com/watch?v=Ud36zktV3F8
http://www.youtube.com/view_play_list?p=EB5652D760AC2EAB

Dave and Independence Institute President and program host Jon Caldara discuss his new book on this KBPI television broadcast, now available on YouTube. Part 1 is here: http://www.youtube.com/watch?v=XaJgIjxmFdQ, Part 2, here: http://www.youtube.com/watch?v=mymokhfqhJk and Part 3, here: http://www.youtube.com/watch?v=Ud36zktV3F8. The playlist with all three is here: http://www.youtube.com/view_play_list?p=EB5652D760AC2EAB

New Law Review Articles by Kopel

The Right to Arms in the Living Constitution

David B. Kopel
Cardozo Law Review de Novo, Forthcoming; U. Denver Legal Studies Research Paper No. 09-34
December 17, 2009
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1524103

“This Article presents a brief history of the Second Amendment as part of the living Constitution. From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a right to own firearms for self-defense. That view has been in accordance with �lite legal opinion, except for a period in part of the twentieth century.”

The Keystone of the Second Amendment: Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich

David B. Kopel with Clayton E. Cramer
Widener Law Journal, Vol. 19, 2010, forthcoming
December 19, 2009
http://ssrn.com/abstract=1502925

Kopel and Cramer examine the historical underpinnings of historian Nathan Kozuskanich’s claim that the right to arms in the 1776 Pennsylvania constitution only guaranteed a right to serve in the commonwealth’s militia.

Kopel on the Health Bill

Health Bill and Gun Ownership

David Kopel
The Volokh Conspiracy
November 24, 2009
http://volokh.com/2009/11/24/health-bill-and-gun-ownership/

Dave responds to a putative rebutal of his concerns that the Government’s expanded role in health care may lead to ‘wellness programs’ that preclude firearms ownership.

Is the Senate health plan anti-gun?

Susan Ferrechio
The Washington Examiner
November 24, 2009
http://www.washingtonexaminer.com/politics/71875287.html

Ferrechio’s article includes Dave’s concern that a government putting itself in charge of people’s health may decides that habits such as firearms ownership are prohibitively expensive.

What’s that Smell?

Dave Kopel
America’s 1st Freedom
December, 2009
http://davekopel.org/2A/Mags/ACORN.htm

“Nearly everyone has heard of the corruption-plagued organization ACORN. Yet many gun owners are unaware of the organization’s strong anti-gun activities and ties.”

Missouri Court Upholds Statute Against Gun Possession While Intoxicated

David Kopel
The Volokh Conspiracy
November 20, 2009
http://volokh.com/2009/11/20/missouri-court-uphelds-statute-against-gun-possession-while-intoxicated/

“In the 1979 case People v. Garcia, the Supreme Court of Colorado dealt with a similar statute. The ruled that the statute only applied to ‘actual or physical control.’ So if a person is drunk in his living room, and owns a gun which is stored in his downstairs closet, the statute would not apply. The Missouri decision is consistent with the Colorado standard, since Richard actually was possessing the handgun.”

Bloggingheads TV on Moses as the essential American hero

David Kopel
The Volokh Conspiracy
November 10, 2009
http://tinyurl.com/ybn3ton

Dave here agrees with Bruce Feiler’s argument, in an interview on Robert Wright’s BloggingHeadsTV, that Moses is a figure of great interest as an exemplar to some of America’s most influential leaders.

United States v. Skoien

United States Court of Appeals for the 7th Circuit
November 18, 2009
http://www.ca7.uscourts.gov/tmp/TL1FFWAJ.pdf
PDF files require Adobe Acrobat Reader or similar software.

The decision refers to Dave’s work on Heller on p.7, note 2.

Another Good Night for the Second Amendment

David Kopel
The Volokh Conspiracy
November 4, 2009
http://volokh.com/2009/11/04/another-good-night-for-the-second-amendment/

“In sum: A bad night for advocates of gun show restrictions. Another fine night (as were election nights 2006 and 2008) for Democrats with A ratings from NRA. And good news for Second Amendment advocates in blue New Jersey and purple Virginia.”

Will the Arms Trade Treaty Provide Effective Embargos on Human Rights Violators?

David Kopel
The Volokh Conspiracy
November 2, 2009
http://volokh.com/2009/11/02/will-the-arms-trade-treaty-provide-effective-embargos-on-human-rights-violators/

“Thus, the ATT might, at most, lead to more nominal embargos of arms; but nothing in an ATT can have greater force in international law than a Security Council order already does. Accordingly, the ATT will be of little or no use in achieving its purported objective. To the contrary, the ATT may be positively harmful, since it will probably declare a ‘right’ of governments to acquire arms. This ‘right’ could be used to claim that arms embargos outside the ATT system (e.g., unilateral embargos by the US, or the EU) are violations of international law.”

The Most Important Right to Arms Vote of 2009

David Kopel
The Volokh Conspiracy
November 4, 2009
http://volokh.com/2009/11/04/the-most-important-right-to-arms-vote-of-2009/

“Repeal of the Canadian registry would, accordingly, be of tremendous global significance. Repeal would also shatter the claim by the Canadian gun prohibition lobby that gun control in Canada is an irreversible ratchet.”


Kopel on McDonald v. Chicago

The Kopel Amicus Brief

Brief Summary of the Kopel Brief

David B. Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/kopel-brief-in-mcdonald-v-chicago/

Here is a brief summary of the complete amicus brief, linked below, that Dave has written for the case of McDonald v. Chicago

Amicus Brief in McDonald v. Chicago: On Behalf of the International Law Enforcement Educators and Trainers Association, Et Al.

David B. Kopel
Independence Institute; Denver University, Sturm College of Law
November 22, 2009
http://ssrn.com/abstract=1511425

Here is a link to the full text of Dave’s brief on this important post-Heller case.

McDonald v. Chicago

Dave Kopel with Jon Caldara
Dave Kopel’s Second Amendment Podcast
December 1, 2009
http://audio.ivoices.org/mp3/iipodcast353.mp3

Kopel and Caldara discuss Dave’s completed amicus brief and the importance of this case.

JoshCasts: Interview with Dave Kopel on McDonald v. Chicago

Dave Kopel with Josh Blackman
Josh Blackman’s Blog
November 23, 2009
http://joshblackman.com/blog/?p=2540

Here’s a podcast in which Law Clerk and Blogger-Tweeter Josh Blackman interviews Dave about the McDonald v. Chicago brief.


Dave’s Blogging on the Other Briefs in McDonald v. Chicago

Congressional brief in McDonald v. Chicago

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/congressional-brief-in-mcdonald-v-chicago/

Here is Dave’s reaction to the Congressional brief filed in the McDonald case. “Counsel of Record is former Solicitor General Paul D. Clement. Much of the brief recapitulates the lengthy historical record of congressional action (including but not limited to Reconstruction) to protect the individual right to arms from federal or state infringement.”

Academics for the Second Amendment brief in McDonald

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/academics-for-the-second-amendment-brief-in-mcdonald/

“Well before Reconstruction, the Second Amendment was considered to be mainly a guarantee of a right to own and carry guns for personal protection. Back in 1998, I wrote a hundred-page article, The Second Amendment in the Nineteenth Century, 1998 BYU Law Review 1359, which focused mainly on cases and treatises. Olson/Hardy/Cramer have gone further, and brought forward extensive evidence about the understanding of the public and of elected public officials.”

McDonald amicus: Don’t trust Fairman and Berger

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/mcdonald-amicus-dont-trust-fairman-and-berger/

“Erik S. Jaffe has written a very interesting brief for the CalGuns Foundation. In short, the argument is: ‘Charles Fairman’s and Raoul Berger’s Work on Fourteenth Amendment Incorporation of the Bill of Rights Is Deeply Flawed, Inaccurate, and Should Not Be Relied Upon by this Court.’ ”

Cato brief in McDonald v. Chicago

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/cato-brief-in-mcdonald-v-chicago/

“An outstanding brief, as one might expect. The bulk of the brief (21 pages, comprising Part I) shows that from the Founding Era into through the framing of the Fourteenth Amendment, national citizenship was paramount to state citizenship. Part II briefly argues that Slaughterhouse violated canons of constitutional construction such as by interpreting the Privileges or Immunities Clause to make it nothing more than a reiteration of the Supremacy Clause.”

Institute for Justice brief in McDonald v. Chicago

David Kopel
The Volokh Conspiracy
November 23, 2009
http://volokh.com/2009/11/23/institute-for-justice-brief-in-mcdonald-v-chicago/

“The most important part of the brief is Part III, which begins: ‘To enslave a class of people requires three basic things: destroy their self-sufficiency, prevent them from fighting back, and silence any opposition.’ The brief then goes on to argue that the the Court should resist suggestions that it hold that the Privileges or Immunities clause makes the first eight amendments applicable against the states, but does nothing else.”

McDonald amicus briefs: Academics, Congress Redux, and California District Attorneys

David Kopel
The Volokh Conspiracy
November 25, 2009
http://volokh.com/2009/11/25/mcdonald-amicus-briefs-academics-and-congress-redux/

“The new Kates-Ayers brief begins with a survey of the 17th-18th century philosophical view, with which the American Founders agreed, that self-defense was among the most fundamental of all rights, that it was also a duty, and that the right necessarily implied the right to use arms in self-defense.”

Privileges or Immunities Extravaganza

David Kopel
The Volokh Conspiracy
December 21, 2009
http://volokh.com/2009/12/21/privileges-or-immunities-extravaganza/

“The Question Presented by the Court asked if the bans should be considered unconstitutional under the Fourteenth Amendment’s Due Process clause, or under the Privileges or Immunities clause. There’s been plenty of interesting scholarship recently on Privileges or Immunities. Here’s a guide to some of the most important articles.”


More of Dave’s Podcasts on the Case

Interview with Alan Gura

Dave Kopel with Alan Gura
Dave Kopel’s Second Amendment Podcast
December 7, 2009
http://audio.ivoices.org/mp3/iipodcast358.mp3

Here is Dave’s lengthy (50 minutes) interview with Alan Gura, the lead attorney in the Heller case, now involved in McDonald v. Chicago.

McDonald v. Chicago: Is the 2nd Amendment Incorporated in the 14th Amendment? An Explanation of the Basic Constitutional Issues in the Case.

Dave Kopel with Jon Caldara
Dave Kopel’s Second Amendment Podcast
December 7, 2009
http://audio.ivoices.org/mp3/iipodcast349.mp3

Dave and Jon Caldara discuss Dave’s early work on his amicus brief, and the issues and precedents at stake in McDonald v. Chicago.

Stephen Halbrook Christmas Special.

Dave Kopel with Stephen Halbrook
Dave Kopel’s Second Amendment Podcast
December 17, 2009
http://audio.ivoices.org/mp3/iipodcast362.mp3

Kopel interviews Stephen Halbrook, the leading legal defender of the Second Amendment over the last three decades. 53 minutes.

More available at the sidebar link!

Arrogance and hypocrisy

December 23, 2009

The prostitutes in the Senate need a message sent to them loud, and clear. Get ready for the unemployment line you bunch of whores.

President Obama’s Saturday radio address was almost mystifying in its arrogance and hypocrisy. His own words underscore the need for the Read the Bills Act.

Please tell Congress to delay passing healthcare legislation until the people have had a chance to read it. And tell them to pass the Read the Bills Act.

This is what I wrote in my letter . . .

President Obama’s Saturday radio address claims that because a “clear majority” in the Senate favors the latest slapped-together healthcare bill, that the opposition should just give up. http://tinyurl.com/ybnyoly

President Obama ignores the glaring fact that no “clear majority” of the American people favors these schemes. If anything, a slight majority opposes them. http://www.rttnews.com/ArticleView.aspx?Id=1158932&SMap=1

Should Congress ignore the will of the people? If the people are split on a bill that will reduce their liberties and transform the economy, is it wise for you to blindly move forward on a 2,000 page bill you won’t actually read?

Obama goes further to say that anyone who criticizes insurance regulations “simply hasn’t read the bills.”

But that’s the point!

Give us a chance to read the bills!

The Senate has kept introducing and withdrawing so many proposals that it’s hard to figure out whether the latest bill has even been posted online.

And, we don’t know what scandalous back-room deals have found their way into the bill.

Obama arrogantly assumes that he has the votes and that the debate should be over.

But how do we know if the debate should be over if we don’t know the contents of the bill?

I demand that Democrats and Republicans agree to take some time to consider this bill. It is extremely shallow and immature to stick to an arbitrary Christmas deadline. Instead, Democrats and Republicans should come together and introduce the Read the Bills Act. This will bring sanity back into the process.

But if Democrats insist on ramming this bill through, I encourage Republicans to employ every “delaying” tactic available to them, including having bill read aloud.

If nothing else, this will give the people a chance to actually read the bill.

END LETTER

You can send your message using our Educate the Powerful System. https://secure.downsizedc.org/etp/campaigns/27

We also invite you to join the Read the Bills Act Coalition. Membership will help build awareness about RTBA, and in return we will list your site on our main page. You can learn more at the DownsizeDC.org site: http://www.downsizedc.org/coalition

Today we welcome 3 new members to the Coalition:

Finally, since December 1 Congress has passed a total of 59 bills totaling 2,581 pages. You can see the bills below my signature in the blog version of this Dispatch: http://tinyurl.com/ykxtvdk

James Wilson
Assistant Communications Director
DownsizeDC.org