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The Second Amendment and the States…

June 12, 2009

I was roundly blasted on several websites last year when the D.C. vs. Heller decision was rendered by the gutless cowards that make up the Supreme Court. All too many neophytes called it the greatest thing since smokeless powder for American gun owners. Guess what folks? The devil, as I always say, is in the details.

Thankfully, nearly all state Constitutions use wording that makes the U.S. Constitution look wimpy by comparison with regards to the populace owning and possessing weapons. The ability to defend oneself and others is an unalienable right, not an inalienable privilege handed to the serfs.

Hence now the Heller decision is being used to actually attempt to deny liberty and freedom to the masses by the forces that seek domination over them in complete denial of natural law. Read on… Oh, and don’t forget to read between the lines this time!

Last year’s landmark Supreme Court decision in District of Columbia v. Heller definitively settled the fact that the Second Amendment guarantees an individual right—as opposed to a collective one—to keep and bear arms. Yet that ruling applied only to the federal government (which oversees Washington, D.C.). Does the Second Amendment apply against state and local governments as well?

Although Heller never answered that question, Justice Antonin Scalia’s majority opinion did provide a very potent hint. In footnote 23, Scalia observed that while the Court’s earlier ruling in U.S. v. Cruikshank (1876) stated that the Second Amendment did not apply against the states, “Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases.”

To appreciate Scalia’s meaning, consider that the Supreme Court has been protecting First Amendment rights from state and local abuse since 1925’s Gitlow v. New York. The Court has done so under the so-called incorporation doctrine, whereby most of the Bill of Rights and certain other fundamental rights have been incorporated against the states via the Due Process Clause of the 14th Amendment, which reads, “nor shall any state deprive any person of life, liberty, or property, without due process of law.” Cruikshank is therefore a dead letter when it comes to free speech. So why should it still matter for gun rights? As the footnote basically points out, Cruikshank was decided before incorporation had even been invented. So it’s the modern incorporation doctrine that matters now, not the long-dead reasoning behind Cruikshank.

This controversy lies at the center of last week’s unfortunate decision in National Rifle Association v. Chicago (formerly McDonald v. Chicago), where the federal 7th Circuit Court of Appeals held that the Second Amendment offers zero protection against the draconian gun control laws currently in place in Chicago and Oak Park, Illinois.

It’s a mistaken and also strangely misguided decision, as plaintiff’s attorney Alan Gura (who previously argued and won Heller) demonstrates in the appeal he quickly filed with the Supreme Court. As Gura notes, not only did the 7th Circuit decline “to perform the required incorporation analysis,” the court “erred in failing to heed Heller‘s cautionary statement that the pre-incorporation relics [including Cruikshank] lack ‘the sort of Fourteenth Amendment inquiry required by our later cases.'”

Moreover, the 7th Circuit even suggested that federalism would best be served by letting the states disregard the Second Amendment entirely. “Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon,” Chief Judge Frank Easterbrook wrote for the three-judge panel.

Yet as Gura rightfully responds in his petition, “To claim that of all rights, the Second Amendment must yield to local majoritarian impulses is especially wrong considering that the rampant violation of the right to keep and bear arms was understood to be among the chief evils vitiated by adoption of the Fourteenth Amendment.” Indeed, the 14th Amendment was specifically written and ratified by the Radical Republicans after the Civil War to protect the recently freed slaves and their white allies from the depredations of the former Confederate states, including the infamous Black Codes, which curtailed property rights, liberty of contract, free speech, and the right to keep and bear arms.

The Second Amendment deserves the exact same respect as the rest of the Bill of Rights, nearly all of which have now been incorporated, something Gura is careful to explain. Which is precisely what the 7th Circuit should have said. Moreover, Gura persuasively argues that now is the right time for the Supreme Court to correct one of its most glaring historical errors by overturning the controversial Slaughterhouse Cases (1873), which essentially gutted the 14th Amendment’s Privileges or Immunities Clause, which reads, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” As numerous legal historians have now documented, the text, original meaning, and history of that clause all point in one direction: It was designed to nationalize the Bill of Rights and other substantive rights.

The 7th Circuit essentially breezed past this argument, though it’s perhaps worth noting that Judge Easterbrook did so while repeatedly referring to the “Privileges and Immunities Clause,” which is actually located in Article IV of the Constitution, when he quite clearly meant to write (and refer to) the 14th Amendment’s “Privileges or Immunities Clause.” It’s a small error, to be sure, though it’s still one that the federal circuit ought not to make.

So what does all this mean for the future of the Second Amendment and gun rights? Last January, the 2nd Circuit, including Supreme Court nominee Judge Sonia Sotomayor, reached the same erroneous conclusion about incorporation as the Seventh did last week. Yet in April, the 9th Circuit got it right, holding in Nordyke v. King that, “the right to keep and bear arms is ‘deeply rooted in this Nation’s history and tradition’… [and] is necessary to the Anglo-American conception of ordered liberty.” This split among the circuits means the Supreme Court will almost certainly take up the issue.

Given that Gura’s provocative and sharply reasoned appeal is now in the Court’s hands, and given that Chicago’s contested handgun ban so closely resembles the D.C. ban nullified last year in Heller, this case offers the perfect opportunity for the Court to fully restore the Second Amendment to its rightful place in our constitutional system.

Damon W. Root is an associate editor at Reason.

Bonus video: Reason.tv talked with Alan Gura last June about “The High Stakes of the DC Gun Ban Case” just before the Supreme Court released its decision in the Heller case. Click below to watch and go here for downloadable versions and related materials.

SOURCE

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Posted in Editorial, Opinion, Education, Gun Control, Law, Men's Issues, mysandry, News, Non Compos Mentis, Politics, Wordpress Political Blogs | 1 Comment »

VICTORY! Nico Nazi’s Prevail!

June 11, 2009

The Nanny State supporters of Tobacco Prohibition have won yet another round against personal liberty and freedom. This, after just having succeeded in getting the single largest tax increase ever passed in America.This is an issue of personal freedom, and any other argument is nothing more than a red herring.

So just will be your lord and master now? Well, you guessed it! A bunch of know it all elites that take phony science as the real thing. Not to be placated with real science their true intentions become all to clear.

I find it nothing less than hypocritical that so many Tea Party supporters think nothing of taxing those people that they don’t find to be politically correct… Read on…

WASHINGTON – The Senate struck a historic blow against smoking in America Thursday, voting overwhelmingly to give regulators new power to limit nicotine in the cigarettes that kill nearly a half-million people a year, to drastically curtail ads that glorify tobacco and to ban flavored products aimed at spreading the habit to young people.

President Barack Obama, who has spoken of his own struggle to quit smoking, said he was eager to sign the legislation after minor differences with a House version are worked out — and the House planned a vote for Friday. Cigarette foes said the measure would not only cut deaths but reduce the $100 billion in annual health care costs linked to tobacco.

Fierce opposition by the industry and tobacco-state lawmakers had prevented passage for years, along with veto threats by the George W. Bush White House. In the end, the nation’s biggest tobacco company supported the measure, though rivals suggested that was because it could lock in Philip Morris’ share of the market.

Full Story Here

When will this stop? The never ending onslaught of interference in private lives by the government?

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Posted in Editorial, Opinion, Gun Control, Law, News, Non Compos Mentis, Politics, Wordpress Political Blogs | Comments Off on VICTORY! Nico Nazi’s Prevail!

Freedom Underground – Pre-ATF Party Nanny State Panel

June 10, 2009

Freedom Underground – Pre-ATF Party Nanny State Panel

Friday, June 19, 2009

The Warwick Hotel, 1776 Grant Street, Denver, CO

***Don’t forget to sign up for the ATF Party the next day!***

Listen to Jon Caldara and Amy Oliver talk nannyism, the ATF party, and this great panel event!

Agenda

11:00a.m. — Registration

11:30a.m. — Lunch
Keynote Speaker: David Martosko, Center for Consumer Freedom

1:00p.m. — Morality and Philosophy of Nannyism
Panelists:

  • Radley Balko, TheAgitator.com and Reason Magazine
  • David Harsanyi, author of the Nanny State and syndicated columnist
  • David Kopel, Independence Institute Research Director

    • 2:15p.m. — Economics of Nannyism: Sin Taxes and Litigation
    Panelists:

  • Terry Gallagher, President of Smoker Friendly
  • Jordan Lipp, attorney Davis Graham & Stubbs and of the Colorado Civil Justice Leage.
  • Linda Gorman, Independence Institute Health Care Policy Center Director

    • 3:30p.m. — Break

    3:45p.m. — Fighting Nannyism:
    Panelists:

  • Andrew Boucher, Boucher Strategies and NoCoPolitics.com
  • David Martosko, Center for Consumer Freedom
  • Andrew Breitbart, The DrudgeReport, Breitbart.com and Big Hollywood

    • 5:00p.m. — Break

    6:00p.m. – Dinner
    Keynote Speaker: Andrew Breitbart, The DrudgeReport, Breitbart.com and Big Hollywood

    8:00 p.m. – Cocktails & Cigars

    This is a can’t miss event! Give us a call @ 303.279.6536 or RSVP online here to reserve your spot!

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    Posted in Education, Gun Control, Law, Local Politics Colorado, News, Politics, Wordpress Political Blogs | Comments Off on Freedom Underground – Pre-ATF Party Nanny State Panel

    Trickle Down Economics: UPDATE

    June 9, 2009

    Anthony Martin over at the Liberty Sphere posted about the economic collapse and the current administrations apparent utter bewilderment at the failure of the pogrom that they ramrodded down the throats of Americans to corral it.

    To those of us with an actual background in Economics this came as no surprise whatsoever. To those of us with an actual background in History it is a classic case of history repeating itself, and of people failing to have learned from it’s lessons.

    To be sure, the current economic collapse cannot be laid at the feet of today’s administration in totality. The roots in fact  run much deeper. At least as far back as the Nixon Administration’s adventure into fiat money.

    Fast forward a bit and we have the Congress mandating that banks issue home loans to people that, well? Shouldn’t have been given the loans. Then, we have the first auto bailout and guess what? Neither program worked, and in fact only served to make things worse. Third times a charm right? Not so. In point of fact every time the government interferes with our modified free market things go from bad to worse, and all the political spin in the world will not change that.

    The current wailing and gnashing of teeth is a direct result of Trickle Down Economics. That should be apparent to all but the most dullard minds. These things are fluid and need to be recognized as such. While you may not believe in money flowing from investors to workers and such, it is pretty easy to see that when there is no money, no money flows.  There is no free lunch in the real world. Indeed, someone, somewhere paid for the “freebies.” Credit may be a needed and valuable tool, however, as California seems to finally be learning the day comes when the piper must be paid.

    So? Are there any true solutions to this fiasco that we find ourselves in? Logic would dictate that we reverse what we have been doing. Which is the failed doctrine of Socialism. From the beginning days of this blog I have advocated that Freedom and Liberty offer solutions. Some years later, I stand by those beliefs.

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    Posted in Economics, Editorial, Opinion, Education, Law, News, Non Compos Mentis, Politics, Wordpress Political Blogs | Comments Off on Trickle Down Economics: UPDATE

    John Kerry and the IRS

    June 7, 2009

    Is John Kerry just a sore loser, or is this a stealth application for a slot with obama?

    “The Internal Revenue Service has filed a tax lien seeking more than $800,000 from Sen. John Kerry’s 2004 presidential campaign, escalating a dispute over payroll taxes that the lawmaker’s office blames on faulty government paperwork,” reports The Washington Times. The campaign claims to have submitted the appropriate paperwork in 2005 and again in 2008. Spokeswoman Whitney Smith said, “The IRS contacted us last year about data they lost from the 2004 campaign. We gladly resubmitted all the forms needed to fill in the gaps, end of story.” Not exactly. The IRS lien says, “We have made a demand for payment of this liability, but it remains unpaid.” The campaign denies owing anything. One thing is obvious to us: The real end game here for John Kerry is a job in the Obama administration.

    SOURCE

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    Posted in Education, Law, News, Politics, Wordpress Political Blogs | 2 Comments »

    Second Amendment: Seventh Circuit Upholds Chicago Ban

    June 7, 2009

    Commentary from The Patriot Post (see sidebar) about an earlier post subject on this blog.

    The U.S. Court of Appeals for the Seventh Circuit ruled Tuesday that Chicago’s handgun ban could stand because the Second Amendment is not incorporated against the states or local jurisdictions. Likewise, the three-judge panel said, last year’s Supreme Court decision in District of Columbia v. Heller did not apply to states or municipalities. The 1982 ban was challenged by the National Rifle Association and has already been appealed to the Supreme Court.

    The case is particularly interesting because of the lack of precedent on incorporation, though the Ninth Circuit Court found in April that the Second Amendment is incorporated against the states. The Supreme Court has ruled in the past that under the 14th Amendment’s Due Process Clause, much of the Bill of Rights is incorporated against the states. (Blogger Eugene Volokh has more on the Privileges or Immunities Clause used in past 2A rulings.) Imagine a state forbidding freedom of speech and religion or allowing unreasonable searches and seizures — such laws would not stand. On the other hand, the Second Amendment doesn’t mention Congress as the First Amendment does, but simply says the right “shall not be infringed.” Yet states and municipalities infringe on that right all the time. And as we noted last week, Supreme Court nominee Sonia Sotomayor once wrote, “[T]he right to possess a gun is clearly not a fundamental right.”

    Perhaps Investor’s Business Daily said it best: “The Circuit Court decision was written by Judge Frank Easterbrook and joined by Judges Richard Posner and William Bauer. Easterbrook’s reasoning is fascinating. According to him, the Revolution was fought and independence won so that the Founding Fathers could write a Constitution with a Bill of Rights that applied only to the District of Columbia.”

    Talk about warped logic!

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    Posted in Editorial, Opinion, Education, Gun Control, Law, mysandry, News, Non Compos Mentis, Politics, Wordpress Political Blogs | Comments Off on Second Amendment: Seventh Circuit Upholds Chicago Ban

    Second Amendment Newsletter: Dave Kopel

    June 6, 2009

    Kopel Newsletter [kopelnewsletter@liberty.seanet.com]
    Sent: 6/5/2009 3:44:53 PM
    To:
    Subject:

    Dave Kopel’s Second Amendment Newsletter

    June 5, 2009
    Dave Kopel’s Second Amendment Project is based at the Independence Institute,
    a free-market think tank in Golden, Colorado.
    http://www.independenceinstitute.org

    The Independence Institute publishes several newsletters on other topics, plus a weekly newsletter containing our most recent op-eds and news of our activities. E-mail subscription to any of these newsletters is free.

    Delivery of this newsletter comes courtesy of the Second Amendment Foundation, in Bellevue, Washington.
    http://www.saf.org
    This email was sent to psperry1@aceweb.com

    Please visit Dave Kopel’s website, containing articles on the Second Amendment and other freedom topics.
    http://www.davekopel.org

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

    Table of Contents

    1. New by Kopel: Sotomayor; Nordyke v. King; No on Koh; Still More No on Koh; ‘Assault Weapons’ Ban; 10th Circuit on Firearms; Judge Wilkinson’s Errors on Heller; Journal on Firearms & Public Policy; Necessary and Proper Clause; Podcasts on Sotomayor; Nordyke, the Iliad; Chicago 7th Circuit Decision; Montana Firearms Freedom; Dave Debates Ken Gordon on TV on Nullifying the Electoral College
    2. Important Announcements! Alcohol, Tobacco, AND Firearms! Freedom Underground Symposium: Firing the Nanny (State), And… Dr. Rice Launches Web Page, Millions Affected! Or maybe just him…
    3. International: Koh wants to Ban International Firearms Trade; Canadian Gun Permit Prurience; Red Chinese Have Gun Problem; Germany Passes New Restrictions; Irish will have More Legal Guns; Mexican Border Sweeps Not Finding Guns; Tancredo weighs in on ‘90%’; UK Golfers Arrested for Taking Swings at Attackers
    4. Public Opinion, Culture & Media: The NRA Convention in Phoenix; Christian Science Monitors RKBA Bloggers; Gallup Finds Low Gun-Ban Support; AHSA ‘Rethinks’ RKBA Positions; Obama disappoints Brady Campaign; Failed War on Drugs leads to War on Guns; Philadelphia Gun Shop Protest Criminals; Anti-RKBA Former Surgeon General Indicted; LaPierre debates Rendell on CBS; ABC’s Laughable ‘Mass Shooting’ Simulation; Gun Group Hindered on Pennsylvania Campus? Barone on Elites vs. People on Guns and Climate; More on Gun-Free Zones
    5. Federal: Interior Department on Guns in National Parks; Democrats Giving Up Anti-RKBA; Obama Spares Tiahrt Amendment; New Bill on VA ‘No Gun’ List; RKBA Restoration for Minor Convictions; ‘Gun Show Loophole’ Re-Re-Redux; Tell the USAF about Your Guns
    6. States: Pro-Gun California City Attorney; D.C. having to cope with Legal Guns; Montana ‘Castles’; From Brady to NYC D.A?; OK allows trans-state Purchase; Texas Cracks Down (More) on Illegal Gun Trade; The NY Nunchaku Case
    7. Courts: RKBA Supporters Scared of Sotomayor; Gun Goes Off, +10 Years; SAF Sues California Sheriffs; No Guns on Colorado Campus; NRA vs. Chicago; Massachusetts Court Calls Banned Gun Possession ‘A Victimless Crime’; NJ Gun Rationing; NRA Sues Pittsburgh over ‘Report Stolen’ Law
    8. Research: VPC’s Figures Tell Pro-RKBA Tale; Brady Campaign Won’t Correct Article’s Outright Errors

    New by Kopel

    Sotomayor

    Sonia Sotomayor versus the Second Amendment

    David Kopel
    The Volokh Conspiracy
    May 26, 2009
    http://volokh.com/posts/1243356423.shtml

    Judge Sotomayor’s record suggests hostility, rather than empathy, for the tens of millions of Americans who exercise their right to keep and bear arms.

    Sotomayor vs. the Second Amendment, Part II

    David Kopel
    The Volokh Conspiracy
    June 2, 2009
    http://volokh.com/posts/1243930775.shtml

    The opinion in Maloney v. Cuomo is not a good example of intellectual rigor. When a judge treats a constitutional right as non-fundamental—yet cites no legal authority, and does not even acknowledge that the issue has been raised on appeal—it raises the possibility that the judge may be hostile to that right. There is a dedicated entry on the Maloney case below.

    Highly Dubious Claim against Sotomayor

    David Kopel
    The Volokh Conspiracy
    May 26, 2009
    http://volokh.com/posts/1243364874.shtml

    The blog article which created this item has a small tag on the article which says “satire.”

    Should Repubs. Fight Sotomayor? Left Bloggers say No; Righties Split

    David Kopel
    The Volokh Conspiracy
    May 27, 2009
    http://volokh.com/archives/archive_2009_05_24-2009_05_30.shtml#1243461980

    “I voted ‘Yes,’ and wrote: ‘The Democrats who tried to block Roberts and Alito appear to have suffered no adverse consequences. [And, I should have added, neither did the Dems. who filibustered Miguel Estrada, who, like Sotomayor, is a Hispanic with an impressive life story.] Sotomayor is on the wrong side of fairness, empathy, the Constitution and the American people in regards to firearms ownership (Maloney v. Cuomo; United States v. Sanchez-Villar); wealthy people using the government’s eminent domain power to extort money from small business (Didden v. Village of Port Chester); and a racial spoils system for government employees (Ricci v. DeStefano).’ ”

    Sonia Sotomayor

    Dave Kopel with Amy Oliver
    The Amy Oliver Show on KFKA Radio
    May 27, 2009
    http://audio.ivoices.org/mp3/iipodcast303.mp3

    Dave and Amy talk about President Obama’s first, controversial, nomination of a judge to serve upon the Supreme Court of the United States.

    National Parks

    Respecting States’ Wishes

    David B. Kopel
    Room for Debate, a Blog of the New York Time
    May 22, 2009
    http://tinyurl.com/ptscbf

    One of eight voices split on either side of the issue, Dave argues that state law will now regulate the practice of the Right to Keep and Bear Arms in the national parks, rather than national fiat.

    Guns in Parks: The Hoplophobes’ Travel Guide to the United States

    David Kopel
    The New Ledger
    May 29, 2009
    http://tinyurl.com/l55l6q

    Dave provides here a retrospective examination of the entire discussion on the New York Times blog, including analysis of the readers’ comments posted afterward. He then provides a helpful series of itineraries for those so affected by hoplophobia, the irrational fear of weapons, that they cannot transit entire areas in which legally-carried firearms might be present.

    Nordyke vs. King

    The State of Heller

    Dave Kopel
    America’s 1st Freedom
    June, 2009
    http://www.davekopel.com/2A/Mags/State-of-Heller.pdf
    PDF files require Adobe Acrobat Reader or similar software.

    Dave here examines the 9th Circuit’s Nordyke decision, which held that the Second Amendment is enforceable against state and local government.

    9th Circuit’s Ruling Applies 2nd Amendment to States

    Dave Kopel
    Dave Kopel’s Second Amendment Podcast
    April 20, 2009
    http://audio.ivoices.org/mp3/iipodcast285.mp3

    Dave explains Nordyke v. King, in which the Ninth Circuit held that the 2nd Amendment is incorporated by the 14th.

    Other Topics

    The No on Koh Letter

    David Kopel
    The Volokh Conspiracy
    May 20, 2009
    http://volokh.com/archives/archive_2009_05_17-2009_05_23.shtml#1242846839

    Dean Koh is an excellent writer and an impressive scholar. But his legal vision is for a substantial diminution of the sovereignty of the American people, and as Legal Advisor to the State Department, he would have tremendous power to advance that vision. As Dean Koh has explained, his writings on transnationalism are not merely descriptive; they are also a strategy for activists. Of course Dean Koh has the right to advocate as sees fit. The Constitution, however, requires that major presidential appointees must earn the Advice and Consent of the United States Senate. The Senate’s duty to be especially careful on Advice and Consent would seem to be at its apex when an appointee’s record shows a long-standing determination to weaken the existing constitutional sovereignty of the United States of America.

    Koh, No!

    David Kopel
    America’s 1st Freedom
    July, 2009
    http://davekopel.org/2A/Mags/koh-no.htm

    President Barack Obama continues to fill his administration with devout gun-ban advocates, this time appointing transnationalist Harold Koh as legal adviser to the Department of State.

    The Pieces Fall into Place

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

    With Gil Kerlikowske, President Obama continues the trend of appointing anti-gun activists to important positions in his administration.

    The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error

    David B. Kopel
    Denver University Law Review
    Vol. 86, 901, 2009
    http://law.du.edu/documents/denver-university-law-review/v86-3/Kopel.pdf
    PDF files require Adobe Acrobat Reader or similar software.

    Here is the final text of Dave’s article in the Denver University Law Review’s annual survey of the 10th Circuit Court of Appeals.

    Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III

    David B. Kopel with Nelson Lund
    The Virginia Journal of Law and Politics
    Forthcoming
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1309714

    Critique of 4th Circuit Court of Appeals Judge Wilkinson’s Virginia Law Review article asserting the D.C. v. Heller is a 21st century version of Roe v. Wade. Here is the updated, near-final version.

    Journal on Firearms and Public Policy

    David Kopel
    The Volokh Conspiracy
    May 20, 2009
    http://volokh.com/archives/archive_2009_05_17-2009_05_23.shtml#1242846839
    http://www.saf.org/JFPPIndexhtmlpdf.htm

    The Journal on Firearms & Public Policy, published by the Second Amendment Foundation, is an annual interdisciplinary journal. It publishes a mix of original articles, and reprints of important articles published elsewhere. Among the the authors of original articles who may be best-known to newsletter subscribers are Gary Kleck, James Jacobs, Roy Wortman, Gary Mauser, Clayton Cramer, Andrew McClurg, and David Beito. I am happy to announce that 14 of the 20 volumes are now available on-line, with most of the remainder coming soon. The URL for the Journal’s archive is here: http://www.saf.org/JFPPIndexhtmlpdf.htm

    The Necessary and Proper Clause: An Explanation

    Dave Kopel with Rob Natelson
    Dave Kopel’s Second Amendment Podcast
    May 14, 2009
    http://audio.ivoices.org/mp3/iipodcast292.mp3

    Dave interviews University of Montana law professor Rob Natelson about the proper interpretation of the clause.

    7th Circuit Court of Appeals Handgun Ruling

    Dave Kopel with Jon Caldara
    Dave Kopel’s Second Amendment Podcast
    June 4, 2009
    http://audio.ivoices.org/mp3/iipodcast307.mp3

    In an interview with Jon Caldara, Dave explains the new decision in NRA v. Chicago.

    The Montana Firearms Freedom Act

    Dave Kopel with Amy Oliver
    Dave Kopel’s Second Amendment Podcast/KFKA Radio
    June 4, 2009
    http://audio.ivoices.org/mp3/iipodcast304.mp3

    Dave explains the new Montana law which attempts to exempt guns which are made and sold intra-state from the application of federal gun laws which were enacted under the federal power over interstate commerce.

    Should Colorado Join the Interstate Compact which Attempts to turn the Electoral College into a National Popular Vote?

    Dave Kopel with Ken Gordon
    Independent Thinking
    April 10, 2009
    http://tinyurl.com/kmojzd
    http://tinyurl.com/mrenak
    http://tinyurl.com/lpof9m

    Dave Kopel and former State Senator Ken Gordon debate the issue on KBDI Public Television’s Independent Thinking. Kopel argues that the Electoral College is superior, and that, in any case, the compact is unconstitutional. Part 2 is here: http://tinyurl.com/mrenak; Part 3 is here: http://tinyurl.com/lpof9m.

    Important New Translation of Homer’s Iliad

    Dave Kopel with E. Christian Kopff
    Dave Kopel’s Second Amendment Podcast
    May 29, 2009
    http://audio.ivoices.org/mp3/iipodcast300.mp3

    Homer’s masterpiece has been around since 800 BC, and adored ever since. Professor E. Christian Kopff of CU-Boulder recently wrote the introduction to the new translation of the Iliad; Dave interviews him about why this new version is important.

    Important Announcements!

    The Independence Institute’s 7th Annual Alcohol, Tobacco & and Firearms Party

    Press Release
    The Independence Institute
    June 20, 2009
    http://www.i2i.org/main/event.php?event_id=59

    This annual event, in which all three of the above shall be indulged in proper sequence, features as a guest speaker Sam Wurzelbacher, AKA “Joe the Plumber.” Tickets sell QUICKLY.

    Freedom Underground Symposium

    Press Release
    The Independence Institute
    June 19, 2009
    http://www.i2i.org/main/event.php?event_id=70

    Dave and other regional and national thinkers shall discuss ways to resist Nannyism and the Nannyist state at the Warwick Hotel in Denver. The page contains registration costs and information.

    Dr. Rice Announces Author’s Web Site!

    Rob S. Rice
    Informational Web Page
    May 3, 2009
    http://www.robricebooks.com

    At last, the strange, sinister figure in between Dave and this newsletter sidles out from the shadows with an official author’s web site, as suggested long ago by… Dave! Upon this opaque sheet of photons shall you find samples of Dr. Rice’s historical prose, Dr. Rice’s hysterical comedic prose, his non-prose, his outright fabrications, and… one… song… Survivors will also find contact information, guides as to where to purchase Dr. Rice’s codified creativity, and with him explore the limits of good taste and self promulgation!

    International

    Koh’s Goal for the Legal Trade in Arms: Ban It

    Theodore Bromund
    The Heritage Foundation
    May 11, 2009
    http://blog.heritage.org/2009/05/11/koh%E2%80%99s-goal-for-the-legal-trade-in-arms-ban-it/

    “Harold Koh, the nominee for Legal Adviser to the State Department, supports ‘the global regulation of small arms’ and a ‘global gun control regime.’ And he believes it is ‘needlessly provocative’ for any U.S. representative to refer to the right to bear arms when speaking to a foreign audience: the very mention of the Second Amendment, apparently, is offensive. ”

    Canada

    Want a Gun Permit? Tell us About Your Sex Life

    George Jonas
    National Post (Canada)
    April 15, 2009
    http://tinyurl.com/lh57jf

    “Before renewing his gun permit in 2007, the authorities decided to inquire into Lemieux’s bedroom history. Did he divorce anyone in the last two years? Did he break up with a girlfriend? If yes, use a separate sheet to explain.”

    China

    Staring Down the Barrel: the Rise of Guns in China

    James T. Areddy
    The Wall Street Journal
    October 14, 2008
    http://online.wsj.com/article/SB122394012224530655.html

    “China may be freer from gun crime than many nations, and official statistics show overall crime on a continuous down trend. Yet, these days, reports about gun crimes turn up as often as several times a week even in the tightly controlled state-run media.”

    Germany

    Germany Moves to Tighten Laws over Gun Control

    Associated Press
    May 28, 2009
    http://online.wsj.com/article/SB124343392124058697.html

    “Germany’s cabinet approved legislation that would tighten gun restrictions, two months after a teenager shot and killed 12 people. The law, which requires parliamentary approval, would mean stricter checks on weapons owners and a higher age limit for users of large-caliber weapons.”

    Ireland

    Handgun culture increasing in the State, says Deasy

    Michael O’Regan
    Irishtimes.com
    May 29, 2009
    http://www.irishtimes.com/newspaper/ireland/2009/0529/1224247669572.html

    “Current licensing laws could mean 10,000 legally held handguns in the State over the next five years, John Deasy (FG) told the Dáil. ‘I believe society does not want that,’ he added.”

    Mexico

    Southbound Checks at Border Yield Few Guns

    Associated Press
    May 17, 2009
    http://tinyurl.com/m9w8qj

    “The findings? Wads of U.S. currency headed for Mexico, wedged into car doors, stuffed under mattresses, taped onto torsos, were sniffed out by dogs, seized by agents and locked away for possible investigations. No guns were found as the reporters watched; they rarely are.”

    Why the Lies About Guns Going to Mexico?

    Rep. Tom Tancredo
    Human Events
    April 30, 2009
    http://www.humanevents.com/article.php?id=31649

    “Mexico needs to face its own demons, beginning with the corruption within its law enforcement agencies and at its ports of entry. The U.S. can help in many ways, such as enhancing our own border security. But adding more restrictions on the ownership of guns by law-abiding Americans will not help Mexico.”

    United Kingdom

    Golfers Arrested after Fighting off Gang Attempting to Steal Clubs

    The Telegraph (UK)
    May 12, 2009
    http://tinyurl.com/oo2tc5

    “A group of golfers have been arrested on assault charges after allegedly fighting off a gang who attempted to steal their clubs.”

    Public Opinion, Culture, & Media

    Facts from the NRA Convention

    “Bitter Bitch”
    Bitchin’ in the Kitchen: Food, Politics, and Comfort Food for the Soul
    May 19, 2009
    http://tinyurl.com/mmmunt

    A blogger present reports some interesting and encouraging statistics from the NRA Convention held this May in Phoenix, Arizona.

    Before Recent Shootings, Gun-Control Support was Fading

    Lydia Saad
    Gallup, Inc.
    April 8, 2009
    http://www.gallup.com/poll/117361/Support-Gun-Control-Laws-Time-Lows.aspx

    In this curiously worded and framed article, Ms. Saad expresses frequent surprise that in the light of shootings of the defenseless by the armed, American support for a ban on legal firearms is at an all-time low.

    A Rifle in One Hand, a Laptop in the Other. Behind the Scene with Pro-gun Bloggers

    Patrik Jonsson
    The Christian Science Monitor
    May 16, 2009
    http://tinyurl.com/qsnj8x

    An even-handed survey of the presence, role, and effectiveness of the bloggers present at the NRA convention in Phoenix, with some interesting analysis.

    The Myth of 90 Percent: Only a Small Fraction of Guns in Mexico Come from U.S.

    Jacob Sullam
    Townhall.com
    April 22, 2009
    http://townhall.com/Columnists/JacobSullum/2009/04/22/drug_control_begets_gun_control

    “The futile effort to stop Americans from consuming politically incorrect intoxicants is the real source of the violence in Mexico, since prohibition creates a market with artificially high prices and hands it over to criminals. ‘Because of the enormous profit potential,’ two senior federal law enforcement officials told the Senate Judiciary Committee last month, ‘violence has always been associated with the Mexican drug trade as criminal syndicates seek to control this lucrative endeavor.'”

    Brady Campaign Rhetoric Then and Now: What a difference Six Months Makes

    Kurt Hoffman
    The St. Louis Examiner
    May 21, 2009
    http://tinyurl.com/qfqqrx

    What the Brady Campaign hoped to obtain from the Obama Administration and the Democrat-controlled Congress and what it has received so far are very different things.

    AHSA 2.0: A New Beginning?

    “Thirdpower”
    ‘Dreams of Our Trailers’ Blog
    May 24, 2009
    http://daysofourtrailers.blogspot.com/2009/05/ahsa-episode-ii-new-beginning.html

    The American Hunters and Shooters Association, a group generally considered to be a means of dividing pro-RKBA sportsmen, has announced that it is revising irs previous support for an ‘Assault Weapons’ ban and other legislation popularly considered antithetical to civilian firearms ownership.

    Mennonite Preacher among those Arrested in Phila Gunshop Protests

    Ken Ellingwood and Tracy Wilkinson
    Pocono Record
    May 24, 2009
    http://www.poconorecord.com/apps/pbcs.dll/article?AID=/20090524/NEWS/90524002/-1/NEWS01

    “‘He purposely outraged people by doing stuff that was not acceptable in order to be able to create a new paradigm,’ Kauffman said. ‘I felt like that’s what I was doing. It’s so obvious we have problem and we have to… challenge the accepted way of doing things.’ ”

    Phila. Gun-shop Protesters Acquitted

    Vernon Clark
    The Philadelphia Inquirer
    May 27, 2000
    http://www.philly.com/philly/news/local/20090527_Phila__gun-shop_protesters_acquitted.html

    “‘After the verdict, defense attorney Lawrence Krasner said, ‘Justice was done. I hope Mr. Colosimo thinks twice before he continues to do what he has been doing.'” Mr. Colosimo is the owner of the Philadelphia gun shop.

    Another Corrupt Anti goes Down

    “Jacob”
    Gun Legislation & Politics in New York Blog

    http://blog.nysrpa.org/?p=2293

    Antonia Novello is a former New York health commissioner and was the U.S. surgeon general from 1990 to 1993. In 2004 she spoke at a rally of the anti-RKBA ‘Million Mom March’ rally. On May 12, 2009, General Novello was charged with twenty counts of fraud and abuse of her office as New York State Health Commissioner.

    Heated Debate Over Assault Weapons

    CBS Interactive
    “Face the Nation” Website
    April 19, 2009
    http://www.cbsnews.com/stories/2009/04/19/ftn/main4954990.shtml

    “Governor Ed Rendell (D-Penn.) and the executive vice president of the National Rifle Association Wayne LaPierre engaged in a heated debate over the assault weapons ban on this morning’s Face The Nation.”

    Debunking ABC’s 20/20 Episode “If I Only Had a Gun”

    “Douva”
    Rantings of the Last Skysurfer Blog
    April 11, 2009
    http://tinyurl.com/mhkxfa

    ABC’s laughable ‘demonstration’ that an armed civilian would be helpless against a putative mass-shooter receives here a thorough de-bunking.

    Student says CCAC is Trying to Thwart Gun Advocacy Group

    Bill Schackner
    Pittsburgh Post-Gazette
    May 28, 2009
    http://www.post-gazette.com/pg/09148/973334-53.stm

    “A Community College of Allegheny County student yesterday publicly accused the school of trying to stop her from organizing a group advocating the right to carry concealed firearms on campus.”

    Elites out of Touch on Guns and Climate

    Michael Barone
    The Detroit News
    May 26, 2009
    http://www.detnews.com/article/20090526/OPINION03/905260311/1008/opinion01/Elites-out-of-touch-on-guns-and-climate

    Michael Barone discusses the Gallup poll treated above and cites it as an example of a growing divide between the putative leaders and followers of American political culture.

    Gun Free School Zone Follies

    David Rittgers
    Cato @ Large Blog
    May 18, 2009
    http://www.cato-at-liberty.org/2009/05/18/gun-free-school-zone-follies/

    Two recent examples—intruders at a birthday party and an accosted bicyclist—illustrate the unfortunate requirements of those who defend themselves to be prosecuted due to the location of their means to do so.

    Federal

    Interior Spokeswoman’s Statement on New Firearms Law for Parks and Refuges

    Press Release
    U.S. Department of the Interior
    May 22, 2009
    http://www.doi.gov/news/09_News_Releases/052209c.html

    “The Department of the Interior will follow Congress’s directive and implement the new firearms law, which states that its provisions will take effect nine months from today. For the time being, the current Reagan Administration regulations governing possession of firearms in national parks and wildlife refuges remain in place…”

    Democrats Hold Fire on Gun Control

    Jim DiMascio
    Politico
    May 19, 2009
    http://tinyurl.com/lpxo5y

    ” ‘The NRA and its allies have succeeded in making the slippery slope argument stick,’ said Al Cross the Institute for Rural Journalism and Community Issues at the University of Kentucky. ‘Any form of gun control is a step in the direction of outlawing guns. People have heard that for so many years, it’s become a very hard thing for Democrats to go against.’ ”

    Reaction from Anti-gunners to Obama’s Support for Law Enforcement on Gun Tracing is Telling

    Dave Workman
    The Seattle Examiner
    May 12, 2009
    http://tinyurl.com/ogn7aw

    “Because Barack Obama’s 2010 budget request reaffirms a federal statute – the so-called Tiahrt Amendment that protects sensitive gun trace data from the prying eyes of lawsuit-happy mayors and gun control lobby attorneys – gun prohibitionists are wailing and the press can’t even get it right.”

    Moran Introduces Veterans Second Amendment Protection Act

    Press Release
    Rep. Jerry Moran

    http://tinyurl.com/lpdvf3

    “Under current VA practice, veterans and other VA beneficiaries who have a fiduciary appointed to act on their behalf are deemed “mentally defective” and are reported to the FBI’s National Instant Criminal Background Check System (NICS), a system which prevents individuals from purchasing firearms. Moran’s legislation would require a judicial authority to determine that a VA beneficiary poses a danger to themselves or others before the VA may send their names to the FBI’s NICS.”

    Tupak Re-Introduces Second Amendment Restoration Act

    Press Release
    Rep. Bart Stupak
    April 29, 2009
    http://www.house.gov/apps/list/speech/mi01_stupak/morenews/200904292guns.html

    “U.S. Congressman Bart Stupak (D-Menominee) has introduced legislation to restore the gun rights of individuals convicted of minor, non-violent crimes. H.R. 2153, the Second Amendment Restoration Act, ensures states have the discretion to restore individuals’ gun rights after conviction of minor crimes. The National Rifle Association (NRA) has endorsed the legislation.”

    Lautenberg renews Push to Shut Gun Show ‘Loophole’

    Jordy Yager
    The Hill
    April 21, 2009
    http://thehill.com/leading-the-news/lautenberg-renews-push-to-shut-gun-show-loophole-2009-04-21.html

    “Several high-ranking senators led by Frank Lautenberg (D-N.J.) on Tuesday relaunched their push to require gun sellers to conduct background checks on purchases of all types of guns at state gun shows.”

    Don’t be Gun Shy: Register Your Firearms!

    Senior Airman Torri Larson
    21st Space Wing Public Affairs
    May 6, 2009
    http://www.peterson.af.mil/news/story.asp?id=123147916

    “There are many things to do when arriving at a new duty station: find a house, enroll the kids in school and register the car, among others. One duty many Airmen may overlook when residing in on-base housing is to register their privately-owned firearms.

    States

    California

    Chuck Michel’s partner elected LA County Attorney

    David Hardy
    Of Arms and the Law Blog
    May 21, 2009
    http://armsandthelaw.com/archives/2009/05/chuck_michels_p.php

    ” ‘This is a tremendous victory for the Second Amendment, because Trutanich’s opponent, rabidly anti-gun- owner Los Angeles City Councilmember Jack Weiss, works closely with the gun ban lobby to advance its agenda. Weiss had promised to work with other anti-gun-owner cities and the Obama Administration to pass ill-conceived gun bans and to overturn the Supreme Court’s ruling confirming your Second Amendment rights…’ ”

    District of Columbia

    Guns are up in D.C., Violence is Down

    Don Surber
    The Charleston Daily Mail (WV)
    May 28, 2009
    http://www.dailymail.com/Opinion/DonSurber/200905270619

    “With the ban gone, Mayor Adrian Fenty was forced to ask city council to change the law and crack down on illegal gun ownership, said Peter Nickles, attorney general for the district.”

    Montana

    Montana Lawmakers Have it Right with New Statute on Self-defense

    Dave Workman
    The Seattle Examiner
    April 30, 2009
    http://tinyurl.com/cltagf

    “The new statute squarely puts the law in the hands of the citizens, by plainly stating they have no duty to retreat if attacked in a place where they have a right to be. The law also allows armed citizens to use force or threaten the use of force when he or she reasonably believes an attack is about to occur, or to stop an attack already in progress.”

    New York

    District Attorney Candidate Unveils Gun Platform

    Sewell Chan
    The New York Times
    May 4, 2009
    http://www.ilaalerts.org/UM/T.asp?A1.2.4958.14.1218879

    Richard Aborn is the former president of Handgun Control, Inc., the current Brady Campaign. He is running for Manhattan District Attorney. This story provides details of Aborn’s five-point outline to oppose firearms-related violence in New York City. Aborn’s scheme is replete with measures against civilian firearms ownership.

    Oklahoma

    Governor Signs Gun Legislation

    News Channel 8, KTUL Tulsa (OK)
    April 21, 2009
    http://www.ktul.com/news/stories/0409/615418.html

    “Oklahoma Governor Brad Henry has signed into law a bill that allows Oklahoma hunters and gun collectors to purchase guns in other states without violating the law.”

    South Carolina

    SC measure asks Voters whether Hunting is a Right

    Associated Press
    April 21, 2009
    http://www.carolinalive.com/news/news_story.aspx?id=289859

    “South Carolina voters may be asked whether their right to hunt and fish should be protected by the state constitution. The House voted 106-1 on Tuesday to approve a proposal that would allow voters to decide. The vote easily met the required two-thirds approval needed for a constitutional amendment.”

    Texas

    Gun-smuggling Bill Ready for Perry to Sign: Legislature Passes Measure Aimed at Stopping the Flow of Weapons to Mexican Drug Cartels

    Matt Stiles
    The Houston Chronicle (TX)
    May 22, 2009
    http://tinyurl.com/n7nclm

    “While illegal gun trafficking is already a federal crime, the bill’s authors said they hope the legislation will give state authorities more tools to fight the problem, too.”

    Courts

    Gun Rights Groups are Wary of Sotomayor

    Declan McCullagh
    CBS News Political Hotsheet
    May 27, 2009
    http://tinyurl.com/lsvjd4

    “Dave Kopel of the free-market Independence Institute predicts that ‘Judge Sotomayor’s record suggests hostility, rather than empathy, for the tens of millions of Americans who exercise their right to keep and bear arms.’ ”

    Sonia Sotomayor on Gun Rights and Racial Preferences

    Damon W. Root
    Reason Online
    May 26, 2009
    http://www.reason.com/news/show/133722.html

    “As a respected jurist with an impressive legal resume, Sotomayor appears just as qualified to sit on the Supreme Court as any recent nominee. But from the standpoint of individual liberty and limited constitutional government, there are significant reasons to be wary of her nomination.”

    Court Upholds 10-Year Penalty for Robber’s Flub

    Adam Liptak
    The New York Times
    April 29, 2009
    http://tinyurl.com/nhhdt9

    The Supreme Court ruled that a bank robber who accidentally fired his pistol during a successful robbery must still serve the additional ten year penalty for discharging a firearm in relation to a crime.

    SAF, Calguns Challenge Arbitrary Denial of Right to Bear Arms In California

    Press Release
    The Second Amendment Foundation
    May 5, 2009
    http://saf.org/viewpr-new.asp?id=294

    “In the action filed today, Plaintiffs challenge the policies of two California Sheriffs, in Sacramento and Yolo counties, who reject the basic human right of self defense by refusing to issue ordinary people gun carry permits. Of course, violent criminals in the impacted counties continue to carry guns without police permission.”

    SAF Challenges D.C. Handgun Ban Scheme

    Press Release
    The Second Amendment Foundation
    March 9, 2009
    http://www.saf.org/viewpr-new.asp?id=287

    “The Second Amendment Foundation and three Washington, D.C. residents today filed a lawsuit challenging a regulation by District of Columbia city government that arbitrarily bans handguns based on a roster of ‘acceptable’ handguns approved by the State of California.”

    Judge Dismisses Lawsuit over CU Gun Ban

    John C. Ensslin
    The Colorado Springs Gazette (CO)
    March 27, 2009
    http://www.gazette.com/articles/judge-52991-ban-lawsuit.html

    “Miller found that the students incorrectly described the regents as a local government affected by the state’s concealed carry law. Rather, the regents are a statewide authority with their legislative powers. He also found nothing in the state constitution that would prohibit the regents from enacting a gun ban on campus.” The student group plans to appeal Miller’s ruling.

    Nos. 08-4241, 08-4243 & 08-4244 National Rifle Association of America, Inc., Et Al., v. City of Chicago, Illinois, and Village of Oak Park, Illinois

    Judges Frank H. Easterbrook, Judges Richard A. Posner and William J. Bauer
    United States Court of Appeals for the 7th Circuit
    June 2, 2009
    http://www.ca7.uscourts.gov/tmp/O01FGGJE.pdf
    PDF files require Adobe Acrobat Reader or similar software.

    A three judge Panel of the 7th Circuit Court of Appeals has affirmed the previous rejection of the NRA’s suits against the city of Chicago and Oak Park on the grounds that the Heller decision is not binding upon the laws of the individual states and municipalities. Supreme Court nominee Judge Sotomayor was among the judges ruling to this effect in the appealed decision. The plaintiffs have announced an intention to appeal to the U.S. Supreme Court.

    08-4241 : National Rifle Assoc v. City of Chicago

    Public Access to Oral Argument recordings, Opinions, Unpublished Orders, and other Selected Case Materials
    Seventh Circuit Court of Appeals
    March 13, 2009
    http://tinyurl.com/mh4t9r

    Here can be found a recording of the oral arguments in the NRA vs. Chicago case.

    ChicagoGunCase.com: Case Filings

    Mark Taff
    The Second Amendment Foundation
    Ongoing
    http://www.chicagoguncase.com/case-filings/

    The Chicago case filings are online here.

    SJC Calls Illegal Gun Possession Victimless

    John R. Ellement
    The Boston Globe (MA)
    May 5, 2009
    http://tinyurl.com/czng28

    The Supreme Judicial Court yesterday ruled that illegal gun possession is a ‘passive and victimless crime’ and that those charged with having illicit firearms cannot be held without bail as a danger to society.

    NJ Court weighs Jersey City’s Handgun Limits

    Victor Epstein
    Associated Press
    April 27, 2009
    http://www.dailyrecord.com/article/20090427/UPDATES01/90427027

    “The legal discussion revolved around whether the 2006 ordinance improperly pre-empts existing state gun laws by limiting handgun purchases to one per person each month. At issue is the ability of urban communities such as Newark, Camden and Jersey City to reduce gun-related crime by more closely regulating handgun purchases.” The link between limiting purchases and reducing crime receives no substantiation in the story.

    NRA Sues to Overturn Pittsburgh’s Lost, Stolen Gun Law

    Jeremy Boren
    Pittsburgh Tribune-Review
    April 24, 2009
    http://pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_622166.html

    “One of the four plaintiffs, Richard Haid, 60, of Mt. Washington, said the law unfairly punishes law-abiding gun owners… ‘What about the gun I use to shoot tin cans? I haven’t seen it in weeks. It’s locked in a cupboard. Am I supposed to do an inventory every day to see if it’s stolen?’ Haid said.”

    Maloney v. Rice: The Nunchaku Case

    James M. Maloney
    Informational Web Page
    April 30, 2009
    http://homepages.nyu.edu/~jmm257/mvc.html

    “The mere possession of nunchaku or ‘chuka sticks’ within one’s own home for peaceful use in martial-arts practice (or for home defense) by a person with no criminal record is classified as a misdemeanor that may carry up to a one-year prison sentence. Possession by a person who ‘has been previously convicted of any crime’ is defined as a felony. Based upon research that I have conducted, it appears that New York and California are the only states in the United States that have ever defined and prosecuted as a crime the simple possession of nunchaku within one’s own home. (Ironically, the nunchaku, which was originally a farm implement, was adapted for use as a weapon by the People of Okinawa after invading oppressive governments disarmed them, making it illegal to possess a sword or spear.)”

    Research

    Violence Policy Center Proves that More Guns Means Less Violent Crime, Murder

    Howard Nemerov
    The Austin Examiner
    May 20, 2009
    http://tinyurl.com/qmy85q

    “Suicide rates drive the difference between ‘gun death’ in VPC’s ‘strong’ and ‘weak’ gun law states, but since ‘weak’ states also have higher rates of non-gun suicide, VPC must either admit there are other causative factors besides gun availability, or admit that if more guns cause more suicides, then guns also cause less homicide and violent crime. As it stands right now, VPC’s own data proves that more guns in the hands of law-abiding citizens is an effective anti-crime tool.”

    Brady Campaign: Biased, Inaccurate Research

    Howard Nemerov
    The Austin Examiner
    April 12, 2009
    http://tinyurl.com/cbskr3

    “In May of 2007, the Brady Center, research arm of the Brady Campaign, published a report entitled No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools. Though nearly two years have passed, numerous inaccuracies remain which, having persisted this long in a publicly-accessible document, call into question the Brady Campaign’s ability to publish credible reports and/or their capacity for telling the truth.”

    This newsletter is compiled with help from Dr. Rob S. Rice. For more on this exsanguinous, yet rubicund individual, see here: http://robricebooks.com. E. Christian Kopff was Dr. Rice’s undergraduate advisor. Dave Kopel is Dr. Rice’s current employer. Kopel interviews Kopff! Koincidence?

    Al Qaeda delenda est!

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    Update on Federal Legislation

    June 6, 2009

    There are a number of pro-gun bills pending in Congress that require your attention and action.  Please review these legislative initiatives and be sure to contact your U.S. Representative at (202) 225-3121, and your U.S. Senators at (202) 224-3121, and urge them to cosponsor and support these measures. Additional contact information can be found using the “Write Your Representatives” feature at www.NRAILA.org.

    • S. 941/H.R. 2296– the “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act.” This bill would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena. These bipartisan bills are a vital step to modernize and improve BATFE operations. Of highest importance, S. 941 and H.R. 2296 totally rewrite the system of administrative penalties for licensed dealers, manufacturers and importers of firearms. S. 941 and H.R. 2296 would allow fines or license suspensions for less serious violations, while still allowing license revocation for the kind of serious violations that would block an investigation or put guns in the hands of criminals. This will help prevent the all-too-common situations where BATFE has revoked licenses for insignificant technical violations — such as, improper use of abbreviations, or filing records in the wrong order.

    For more information on S. 941/H.R. 2296, please click here.

    To see if your Senators are a cosponsor of S. 941, please click here.

    To see if your Representative is a cosponsor of H.R. 2296, please click here.

    • H.R. 197– the “National Right-to-Carry Reciprocity Act.” This bill would allow any person with a valid carry permit or license issued by a state, to carry a concealed firearm in any other state if the permit holder meets certain criteria.  In states that issue permits, a state’s laws governing where concealed firearms may be carried would apply within its borders. In states that do not issue carry permits, a federal standard would apply.  The bill would not create a federal licensing system; it would simply require the states to recognize each other’s carry permits, just as they recognize drivers’ licenses.

    For more information on H.R. 197, please click here.

    To see if your Representative is a cosponsor of H.R. 197, please click here.

    • H.R. 442– The “Veterans’ Heritage Firearms Act.” This legislation would provide a 90-day amnesty period during which veterans and their family members could register firearms acquired overseas between June 26, 1934, and Oct. 31, 1968, without fear of prosecution. Congress granted a limited amnesty in 1968, but most veterans did not receive enough notice to participate. H.R. 442 would not apply to all firearms brought home by veterans. The only firearms that normally have to be registered at the federal level are those subject to the National Firearms Act (NFA). More common trophies, such as bolt-action rifles or semi-automatic pistols, need not be registered. Therefore, H.R. 442’s proposed amnesty would only apply to machineguns and other NFA firearms. (It also would not apply to “destructive devices” such as bombs and grenades.)

    For more information on H.R. 442, please click here.

    To see if your Representative is a cosponsor of H.R. 442, please click here.

    • H.R. 1074 — “The Firearms Interstate Commerce Reform Act.” This bill would remove several antiquated and unnecessary restrictions imposed on interstate firearms business since 1968. The bill would update certain procedures applicable to commerce in firearms and remove certain Federal restrictions on interstate firearms transactions.

    For more information on H.R. 1074, please click here.

    To see if your Representative is a cosponsor of H.R. 1074, please click here.

    SOURCE

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    7th Circus Court of Appeals

    June 4, 2009

    It would appear that yes, once again, a federal court needs to review basic civics. I held off on posting about this issue yesterday simply because more review was needed. The Prima Facie situation is really quite simple. Federal overrules State, overrules County, overrules Local authority. Social constructionist will do anything to get their way though. Be it alcohol prohibition, drugs, guns, or hunting on Sunday. There are simply put, hordes out there that know better than you how you should live your lives!

    Some might argue that it is in fact the job of the courts to do that very thing. Others, like myself, would argue that the fundamental duty of government at all levels is the protection of the integrity of the individuals liberty. That, is the basis of the Bill of Rights. Yet, once again, a federal court seeks domination over the will of the people and those that founded this nation.

    Fairfax, Va. – Today, the National Rifle Association filed a petition for certiorari to the U.S. Supreme Court in the case of NRA v. Chicago. The NRA strongly disagrees with yesterday’s decision issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, holding that the Second Amendment does not apply to state and local governments.

    “The Seventh Circuit got it wrong. As the Supreme Court said in last year’s landmark Heller decision, the Second Amendment is an individual right that ‘belongs to all Americans’. Therefore, we are taking our case to the highest court in the land,” said Chris W. Cox, NRA chief lobbyist. “The Seventh Circuit claimed it was bound by precedent from previous decisions. However, it should have followed the lead of the recent Ninth Circuit Court of Appeals decision in Nordyke v. Alameda County, which found that those cases don’t prevent the Second Amendment from applying to the states through the due process clause of the Fourteenth Amendment.”

    This Seventh Circuit opinion upholds current bans on the possession of handguns in Chicago and Oak Park, Illinois.

    “It is wrong that the residents of Chicago and Oak Park continue to have their Second Amendment rights denied,” Cox concluded. “It’s time for the fundamental right of self-defense to be respected by every jurisdiction throughout our country.

    SOURCE

    In light of previous rulings, well documented elsewhere, soon to be Justice Sotomayor should be expected to recuse herself when this comes before the Supreme Court. Why do I doubt that will happen?

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    Anthrax and Al Qaeda coming to your town soon?

    June 3, 2009

    The utterly pathetic response by the government of the United States in border enforcement has not gone unnoticed by those that truly wish us harm. Both political parties can share equal blame on this issue. The issue is not about racism, that’s a red herring and I refuse to go fishing for that species.

    It is however, about national security, and I’m not just talking about economic warfare. It is about criminal gangs crossing the border and committing crimes here in the United States. It is also about collusion between those gangs, and international terrorism. Be that violent criminals from the various drug cartels or maniac Muslim’s.

    This all fits in quite well with the current administrations plans to disarm the American public. The “ninety percent” lie and other things that come straight out of the hate America first play book. The DHS is hell bent on lumping anyone that disagrees with the regime into some warped group that includes militia hate groups and other similar fallacies. While at the same time facilitating others that wish every man, woman, and child in America dead.

    U.S. counterterrorism officials have authenticated a video by an al-Qaida recruiter threatening to smuggle a biological weapon into the United States via tunnels under the Mexico border, the latest sign of the terrorist group’s determination to stage another mass-casualty attack on the U.S. homeland.

    The video aired this year as a recruitment tool makes clear that al-Qaida is looking to exploit weaknesses in U.S. border security and also is willing to ally itself with white militia groups or other anti-government entities interested in carrying out an attack inside the United States, according to counterterrorism officials interviewed by The Washington Times.

    The officials, who spoke only on the condition they not be named because of the sensitive nature of their work, stressed that there is no credible information that al-Qaida has acquired the capabilities to carry out a mass biological attack although its members have clearly sought the expertise.

    FULL STORY HERE

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