Archive for the ‘Men’s Issues’ Category

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Where is Andrew Romanoff?

February 22, 2009

Where is Andrew Romanoff seems to be the question floating around Colorado this past week. After all, this hopeless hopolophobe that is so deeply in bed with the purveyors of hatred from the mysandry wing of the Democrats surely had to be in line for a position with the obaminites. But? Nothing so far has come up on the political radar that I am aware of. Yet at least. Face the State addressed this missing person. Should the hate mongers put out an Amber Alert?

February 19, 2009

The Democrat golden boy who couldn’t go a day without seeing his name in the paper has suddenly fallen off the radar. Always thoughtful and quotable, it is no surprise he was the media’s go-to guy. It also helped that until getting term-limited last year, he was Speaker of the Colorado House.

The aftermath of the 2008 election was not kind to this Democrat. Overlooked for appointments to Secretary of State and the U.S. Senate, he has now now all but disappeared. While his named still makes it into the paper, it has lately been followed by “did not return calls for comment.” So we’re left asking: where is Andrew Romanoff?

Last week, the political publication Roll Call was first to report that Romanoff might challenge Colorado’s junior U.S. Sen. Michael Bennet. The story featured multiple Colorado-based sources, but a response from Romanoff was notably absent. This is not due to lack of trying, however, and the story included a quick note that read: “Romanoff could not be reached for comment Monday.”

Mike Saccone of the Grand Junction Daily Sentinel was next to pick up on the rumor. He too tried to get in touch with Romanoff before blogging about Romanoff’s potential Senate bid. “We’ve reached out to the former Denver state lawmaker and will update you if and when we hear back from him,” Saccone wrote. Yet no update followed.

Perhaps Romanoff didn’t want to comment on the rumor because he isn’t ready, but that’s not the only media query he is avoiding. The Denver Post’s Jessica Fender wrote a story over the weekend about term-limited lawmakers traveling on the state’s dime. Romanoff approved three of the four trips featured in the story. Being the diligent journalist she is, Fender called Romanoff for comment. According to her story, he didn’t call her back.

The last time Face The State saw Romanoff was at his going away party in early January at the Capitol. He told us he has completed law school at the University of Denver (finally!) and is looking forward to taking some time off. Fair enough.

Perhaps he’s just busy studying for the bar?

SOURCE

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Posted in Editorial, Opinion, Education, Gun Control, Immigration, Law, Local Politics Colorado, Men's Issues, News, Politics, Wordpress Political Blogs | Comments Off on Where is Andrew Romanoff?

Domestic Violence… Or is it?

February 22, 2009

“I hope you enjoy wearing a burka.”  That was my response to an irate proponent of mysandry during a sidewalk debate on the streets of Denver some time back in front of the state capital. She was ranting about a bill that was to be voted on that day. It would have made even more men into criminals for petty things like speeding with children in the vehicle. I was already outraged that the current laws regarding misdemeanor domestic violence had already turned Anglo American law on it’s head by enforcing ex post facto law. Not to mention the absolute sexist methodology of enforcement. The woman that I said that to had just said that if the law was not passed that she would move to another country where she would receive the respect that she deserved. Well the law didn’t pass. No, the state legislature didn’t come to  collective sanity, it was tossed due to budgetary restraint… Nor did she move.  She is still teaching her multicultural fantasy and mysandry brand of hatred based philosophy at a local college. It is people like her that take the true and valid arguments about a societal problem and turn them into something that they clearly are not. The nearest thing that I am aware of that ever occurred locally to the article that follows was a situation of ongoing domestic violence where a woman put an axe through her sleeping husbands head. Both assailants actions were wrong, dead wrong.

Muzzammil Hassan, a Muslim living in Orchard Park, New York, decided in 2004 that he wanted to combat stereotypes against Muslims. The television station Bridges TV was born, dedicated to portraying Muslims in a more positive light. Hassan complained, “The level of ignorance regarding Muslims and Islam is very high in the United States.” Unfortunately for his wife, Hassan (allegedly?) ended up exhibiting the worst Muslim stereotype. “He came to the police station [last Thursday] and told us that [his wife] was dead,” Orchard Park Police Chief Andrew Benz said. Police went to the TV station to find Aasiya Hassan murdered by beheading.

Naturally, because the Leftmedia is so sensitive to stereotypes, this story has not received much coverage. The Buffalo News didn’t shy away, however, as Fred Williams writes, “Under arrest in his wife’s brutal death, Muzzammil Hassan is ‘almost in shock,’ his attorney said Wednesday following a court appearance in Orchard Park. ‘He’s having difficulty coping with this,’ attorney James Harrington said.” Poor guy. Hassan’s attorney indicated that he would plead not guilty to second-degree murder. But the murder has all the marks of an honor killing — Mrs. Hassan recently filed for divorce and obtained an order of protection that barred her husband from their home. Maybe the charge should be changed to first-degree murder.

The National Organization of Women, the gang of village idiots, is normally outraged at domestic violence, including a recent press release denouncing R&B star Chris Brown for reportedly assaulting singer Rihanna. Regarding this case, however, as The Wall Street Journal’s James Taranto points out, “NOW’s statement on Mrs. Hassan’s beheading was short and to the point: .” In other words, not a peep.

SOURCE

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Posted in Editorial, Opinion, Education, Immigration, Law, Local Politics Colorado, Men's Issues, News, Politics, Uncategorized, Wordpress Political Blogs | 7 Comments »

My Vida Loca…

February 22, 2009

Immigration front: Mexican gang violence spreads north

The deadly Latin American gangs that run Mexico’s drug trade in cities near the U.S. border are spreading north. Citizens of both San Diego and Los Angeles have suffered greatly from years of gang culture. But now law enforcement fears that these gangs and cartels are moving into major cities throughout the whole country: from Augusta to Boston to Sioux Falls to Anchorage. “The violence follows the drugs,” said David Cuthbertson, agent in charge of the FBI’s office in the border city of El Paso, Texas.

In Mexico the violence is little short of civil war. Gangs stop at nothing to get what they want. Rusty Payne, a Drug Enforcement Administration spokesman, explained, “When you are willing to chop heads off, put them in an ice chest and drop them off at a police precinct, or roll a head into a disco, put beheadings on YouTube as a warning,” one has to ask if there is anything they won’t do.

State, and to a lesser extent federal, governments have spent millions of dollars on local law enforcement along the Mexican border to help fend off spillover drug crime. But there is no serious coordinated national effort to bring down the gangs.

In other border-related news, former Border Patrol agents Ignacio Ramos and Jose Alonso Compean were released from federal prison this week after President Bush commuted their sentences in January, bringing to a close an ugly ordeal.

Also, a federal jury found that Arizona rancher Roger Barnett did not violate the rights of 16 Mexicans illegally in the U.S. when he held them at gunpoint and turned them in to the Border Patrol. We highlighted the case last week. The jury did, however, award $78,000 in actual and punitive damages to six of the illegals to cover claims of assault and emotional distress. The plaintiffs had sought $32 million. Still, this leads us to ask, who pays for Barnett’s emotional distress over the last 10 years, not to mention all of his stolen, vandalized or destroyed property?

SOURCE

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Posted in Economics, Editorial, Opinion, Law, Men's Issues, News, Politics, Uncategorized, Wordpress Political Blogs | Comments Off on My Vida Loca…

Major Victory for American Workers Right to Self-Defense

February 19, 2009

Fairfax, Va. – Today, a three-judge panel of the U.S. Tenth Circuit Court of Appeals ruled unanimously in support of allowing employees to store legally owned firearms in locked, private motor vehicles while parked in employer parking lots. This decision upholds NRA-backed legislation passed in 2004.

“This is a victory for the millions of American workers who have been denied the right to protect themselves while commuting between their homes and their workplace,” said NRA Executive Vice President Wayne LaPierre. “This effort was aimed at skirting the will of the American people, and the intent of legislatures across this country while eviscerating Right-to-Carry laws. This ruling is a slap at the corporate elitists who have no regard for the constitutional rights of law abiding American workers.”

In March 2004, the Oklahoma legislature passed an amendment holding employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property. A number of corporations subsequently filed suit in opposition to the new laws, alleging they were: unconstitutionally vague; an unconstitutional taking of private property; and preempted by various federal statutes. The lower court ruled in favor of the injunction.

“This issue was contrived by the gun control lobby who goaded corporations into doing their dirty work for them,” said Chris W. Cox, NRA chief lobbyist. “However, this ruling is a vindication for every hardworking and lawful man and woman whose basic right to self-defense was taken away on a whim by corporate lawyers. NRA is prepared to defend this right and to ensure the safety of every American worker.”

In October 2008, Oklahoma Gov. Brad Henry and Attorney General Drew Edmondson appealed to the Tenth Circuit Court of Appeals the lower court decision to strike down the NRA-backed worker protection laws. Today’s proceedings handed down by Circuit Judges Paul J. Kelly, Bobby R. Baldock, and Michael W. McConnell reversed the lower court’s grant of a permanent injunction.

-nra-

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

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Posted in Domestic Violence, Editorial, Opinion, Gun Control, Law, Men's Issues, News, Politics, Uncategorized, Wordpress Political Blogs | Comments Off on Major Victory for American Workers Right to Self-Defense

MGOM: Second Amendment March News

February 19, 2009

Dear Second Amendment March Supporter,

Things have been busy here at Second Amendment March!  Your letters of support and encouragement continue to roll in.  We read each and every one, and try to respond to as many as possible.  Please forgive us if we somehow neglect to send a reply.  Your support is very much appreciated, since this event cannot happen without YOU.
So, what’s been happening, you ask?  Read on!
MORE HERE

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Posted in Gun Control, Law, Men's Issues, News, Politics, Uncategorized, Wordpress Political Blogs | Comments Off on MGOM: Second Amendment March News

Mysandry: The not so hidden agenda of the Obama

February 16, 2009

No love for the white guys

Filed Under:
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February 11, 2009

By Jessica Peck Corry

February may be the month of love, but for white men, they certainly aren’t getting any. At least not from the Obama White House, congressional Democrats, or the economy.

As The New York Times recently reported, women are now on the verge of making up a majority of the American workforce. The reason: women are less likely to work in the fields hardest hit by the recession, including construction and manufacturing. Men have been the recipients of 82 percent of all layoffs since the recession started.

“Given how stark and concentrated the job losses are among men, and that women represented a high proportion of the labor force in the beginning of this recession, women are now bearing the burden — or the opportunity, one could say — of being breadwinners,” Heather Boushey, a senior economist at the Center for American Progress, told the Times.

The Times‘ report, based on government-issued jobs figures, is a far cry from the rhetoric pushed by President Barack Obama and his cabinet. As the media only briefly noted two weeks ago, Obama economic adviser Robert Reich told congressional Democrats that he believes government should ensure that job relief doesn’t just go to white guys.

“I am certain, as many of you are, that these jobs not simply go to high-skilled people who are already professionals or to white male construction workers…I have nothing against white male construction workers,” Reich told his audience. “Criteria can be set so that the money does go to others, the long term unemployed minorities, women, people who are not necessarily construction workers or high-skilled professionals.”

As it turns out, however, it’s the male construction workers who need the help the most these days. Women, more likely to work in publicly-funded health care or education jobs, are much less likely to see their jobs cut these days.

But not a peep of an apology, condemnation, or clarification has since come from Obama for the ignorant and bigoted assumptions made by Reich. The remarks, in fact, seemed to have inspired action by Democrats to push more social engineering in the form of gender and race-based job allocation.

Rep. Barnie Frank, a Massachusetts Democrat, is now proposing an amendment to H.R. 384 that would establish as part of the federal government’s Troubled Asset Relief Program an “Office of Minority and Women Inclusion.”

The office would fall under the Department of Treasury and would be required to “develop and implement standards and procedures to ensure, to the maximum extent possible, the inclusion and utilization of minorities [including women].”

And Frank isn’t alone. In a Jan. 27 Denver Post guest column, titled “Remember the Ladies,” freshman Congressman Jared Polis, D-Boulder, makes the case that government should not only fund infrastructure jobs as part of its economic recovery plan, but that it should also extend additional opportunities to women, who represent less than 10 percent of the construction workforce.

Full Story here

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Posted in Economics, Law, Men's Issues, News, Politics, Wordpress Political Blogs | 5 Comments »

The Obama plan, the DNC…

February 16, 2009

I knew I had seen all this before, but I hadn’t made the connection. Having read way too much of this “stimulus” bill that has been foisted upon America I was in a daze, literally!

Then, a bolt out of the blue hit. No, it was not remembering anything from economics. Here, friends, is the Obama plan. In plain English.



1. Once you have their money, you never give it back.
2. You can’t cheat an honest customer, but it never hurts to try.
3. Never pay more for an acquisition than you have to.
4. A woman wearing clothes is like a man in the kitchen.
5. If you can’t break a contract, bend it.
6. Never allow family to stand in the way of opportunity.
7. Keep your ears open.
8. Only a fool passes up a business opportunity.
9. Opportunity plus instinct equals profit.
10. Greed is eternal.
11. Latinum isn’t the only thing that shines.
12. Anything worth doing is worth doing for money.
13. Anything worth doing is worth doing twice.
14. Anything stolen is pure profit.
15. Acting stupid is often smart.
16. A deal is a deal… until a better one comes along.
17. A contract is a contract… but only between Ferengi.
18. A Ferengi without profit is no Ferengi at all.
19. Satisfaction is not guaranteed.
20. When the customer is sweating, turn up the heat.
21. Never place friendship before profit.
22. A wise man can hear profit in the wind.
23.
24. Latinum can’t buy happiness, but you can sure have a blast renting it.
25. There’s always a way out.
26. As the customers go, so goes the wise profiteer.
27. There’s nothing more dangerous than an honest businessman.
28. Morality is always defined by those in power.
29. When someone says “It’s not the money,” they’re lying.
30. Talk is cheap; synthehol costs money.
31. Never make fun of a Ferengi’s mother… insult something he cares about instead.
32. Be careful what you sell. It may do exactly what the customer expects.
33. It never hurts to suck up to the boss.
34. War is good for business.
35. Peace is good for business.
36. Too many Ferengi can’t laugh at themselves anymore.
37.
38.
39. Friendship is temporary; profit is forever.
40. She can touch your lobes but never your Latinum.
41. Profit is its own reward.
42. What’s mine is mine, and what’s yours is mine too.
43. Caressing an ear is often more forceful than pointing a weapon.
44. Never confuse wisdom with luck.
45. Ambition knows no family.
46. Make your shop easy to find.
47. Never trust anyone whose suit is nicer than your own.
48. The bigger the smile, the sharper the knife.
49. Everything is worth something to somebody.
50. Gratitude can bring on generosity.
51.
52. Never ask when you can take.
53.
54.
55.
56.
57. Good customers are as rare as Latinum. Treasure them.
58. There is no substitute for success.
59. Free advice is seldom cheap.
60. Keep your lies consistent.
61. Never buy what can be stolen.
62. The riskier the road, the greater the profit.
63.
64.
65. Win or lose, there’s always Huyperian beetle snuff.
67.
68. Ear stroking will get you anything.
69. Ferengi are not responsible for the stupidity of other races.
70. Get the money first, then let the buyers worry about collecting the merchandise.
71. There’s a customer born every minute.
72. Never trust your customers.
73. If it gets you profit, sell your own mother.
74.
75. Home is where the heart is… but the stars are made of Latinum.
76. Every once in a while declare peace – it confuses the hell out of your enemies.
77. It’s better to swallow your pride than to lose your profit.
78.
79. Beware of the Vulcan greed for knowledge.
80.
81.
82. The flimsier the product, the higher the price.
83.
84. A friend is not a friend if he asks for a discount.
85. Never let the competition know what you’re thinking.
86.
87. A friend in need means three times the profit.
88.
89. Ask not what your profits can do for you, but ask what you can do for your profits.
90.
91.
92.
93.
94. Females and finances don’t mix.
95. Expand or die.
96. For every Rule, there is an equal and opposite Rule. (except when there’s not)
97. Enough… is never enough.
98. Act without delay! The sharp knife cuts quickly.
99. Trust is the biggest liability of all.
100. If they take your first offer, you either asked too little or offered too much.
101. The only value of a collectible is what you can get somebody else to pay for it.
102. Nature decays, but Latinum lasts forever.
103. Sleep can interfere with…
104. Faith moves mountains… of inventory.
105. Don’t trust anyone who trusts you.
106. There is no honor in poverty.
107. A warranty is valid only if they can find you.
108.
109. Dignity and an empty sack is worth the sack.
110.
111. Treat people in your debt like family… exploit them.
112. Never have sex with the boss’ sister.
113. Always have sex with the boss.
114.
115.
116. There’s always a catch.
117.
118.
119. Never judge a customer by the size of his wallet.
120.
121. Everything is for sale, even friendship.
122.
123. Even a blind man can recognize the glow of Latinum.
124.
125. Count it.
126.
127. Stay neutral in conflict so that you can sell supplies to both sides.
128.
129.
130.
131.
132.
133.
134.
135. Never trust a beneficiary.
136.
137.
138.
139. Wives serve. Brothers inherit.
140
141. Only fools pay retail.
142.
143.
144. There’s nothing wrong with charity… as long as it winds up in your pocket.
145.
146. Necessity, n. The mother of invention. Profit is it’s father.
152. A lie is a way to tell the truth to someone who doesn’t know.
153. Sell the sizzle, not the steak.
154.
155.
156.
157.
158.
159.
160.
161.
162. Even in the worst of times, someone turns a profit.
163.
164.
165.
166.
167.
168.
169. Competition and fair play are mutually exclusive.
170.
171.
172. If you can sell it, don’t hesitate to steal it.
173.
174.
175.
176.
177. Know your enemies… but do business with them always.
178.
179.
180.
181. Not even dishonesty can tarnish the shine of profit.
182.
183.
184.
185.
186.
187.
188. A fool and his money is the best customer.
189. Let others keep their reputation. You keep their money.
190.
191. A Ferengi waits to bid until his opponents have exhausted themselves.
192. Never cheat a Klingon… unless you’re sure you can get away with it.
193.
194. It’s always good business to know about new customers before they walk in your door.
195.
196.
197.
198.
199.
200. If you’re going to have to endure, make yourself comfortable.
201.
202. The justification of profit is profit.
203. New customers are like razor-backed Greeworms–They can be succulent, but sometimes they bite back!
204.
205.
206.
207.
208.
209.
210.
211. Employess are the rungs on the ladder of success. Don’t hesitate to step on them.
212. Never give away for free what can be sold.
213.
214. Never begin a business negotiation on an empty stomach.
215.
216. Never gamble with an empath.
217. You can’t free a fish from water.
218. Sometimes what you get free costs entirely too much.
219. Always know what you’re buying.
220.
221.
222.
223. Beware the man who doesn’t make time for oo-mox.
224.
225.
226.
227.
228.
229. Latinum lasts longer than lust.
230.
231. There’s a sucker born every minute; be sure you’re the first to find each one.
232.
233.
234.
235.
236. You can’t buy fate.
237.
238.
239. Never be afraid to mislabel a product.
240.
241. Never trust a hardworking employee.
242. More is good… all is better.
243.
244.
245.
246.
247.
248.
249.
250.
251.
252.
253.
254.
255. A wife is a luxury… a smart accountant a necessity.
256.
257.
258.
259.
260. Life’s not fair. How else would you turn a profit?
261. A wealthy man can afford anything except a conscience.
262. A verbal contract isn’t worth the paper it’s written on.
263. Never allow doubt to tarnish your lust for Latinum.
264.
265. The customer is always right… until you get their cash.
266. When in doubt, lie.
267.
268.
269.
270. In business deals, a disruptor can be almost as important as a calculator.
271.
272.
273.
274.
275.
276.
277.
278.
279.
280.
281.
282.
283.
284. Deep down everyone’s a Ferengi.
285. No good deed ever goes unpunished.
286. When Morn Leaves it’s all over.

299. Whenever you exploit someone, it never hurts to thank them. That way, it’s easier to exploit them the next time. (FAKE: Neelix made it up)
***. When no appropriate Rule applies, make one up. (The unwritten rule)

There is even plenty of wiggle room!

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Posted in Economics, Editorial, Opinion, Education, Law, Men's Issues, News, Politics, Uncategorized, Wordpress Political Blogs | 1 Comment »

Profiles of valor: United States Army Sgt. Hernandez

February 14, 2009

Well done Sergeant, carry on.

Profiles of valor: United States Army Sgt. Hernandez

Hernandez

United States Army Sgt. Omar Hernandez came to America from Mexico with his family when he was six months old. He joined the Army Reserve when he was 19, deploying to Iraq in 2003. He changed to the regular Army in 2004 and returned to Iraq as an infantryman, earning his citizenship after his second tour. On 6 June 2007, during his third tour in Iraq as part of the 4th Brigade Combat Team, 1st Cavalry Division, Hernandez, three other American soldiers and nine Iraqis left Joint Security Station “Maverick” in Ghazaliya on a census patrol.

Just outside the station, however, the team was ambushed. Two Iraqi police were immediately shot. Hernandez returned fire, but was soon shot in the thigh himself. He later said it was “like Forrest Gump — where he goes, ‘Somethin’ jumped up and bit me.'” Indeed — the bullet entered the back and exited the front, just missing his femoral artery, but taking a third of his quadriceps with it. Despite his wound, Hernandez made it to the intersection where the two Iraqi police officers were down, dragging one 15 feet to safety. He then went back for the second, picking him up and carrying him on his shoulder. Hernandez made sure first aid was administered and then resumed firing on the enemy, only later accepting treatment himself. His actions saved the lives of the two Iraqis that day. “I couldn’t let anyone die out there,” he said. For his heroism, Hernandez received the Silver Star.

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Posted in Education, Immigration, Men's Issues, Military Science, News, Politics, Uncategorized, War, Warfare, Wordpress Political Blogs | 2 Comments »

Second Amendment Update, and a few other items

February 11, 2009

Dave Kopal is probably the smartest person that I have ever been privileged to meet. Albeit quite briefly. Dave’s newsletter is incredible and I would urge anyone interested in freedom, liberty, and law to subscribe. Here is the latest.

From: Kopel Newsletter [kopelnewsletter@liberty.seanet.com]
Sent:
To:
Subject:

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Dave Kopel’s Second Amendment Newsletter

February 10, 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: Amicus brief in Oak Park Case; Law Review Articles on the Relationship between Guns and Freedom; Magazine articles and short essays on the new administration, ‘BEWARE THE RAHM!,’ Eric Holder, The Sword & the Tome, the SHOT Show, Kmiec v. Kmiec, IANSA Strikes Again, a new Podcast Series, one on Holder, one on Hillary Clinton, and… Twitter!
  2. Online Video: Satirical ‘Gun Free Zones,’ NRANews video archive
  3. International: Armed Nepalese; Pakistani Self-Defense; Uruguayan Gun Control
  4. Anti-Rights Movement: Obama’s Anti-RKBA Plans Surface; Brady Wish List; Philadelphia Protest; Regulatory Czar Stealth Agenda; Heller’s Lack of Effect; NRA on the Holder Nomination; Another SHOT Forecast
  5. Pro-Rights Movement: Firearms Retailer Defense Fund; Halbrook on Holder; Winnetka Caves in Illinois; Massachusetts Police Chief Charged; Minnesota Concealed Carry
  6. States and Failed States: Colorado Won’t Pre-Empt ‘Safe Storage’ or Castle; DC Busts USMC Amputee; NJ Gun Rationing; New York Loopholes and Legal Horrors
  7. Law: Federal Courts on Chambers and Heller, No OSHA Pre-Emption, SF Housing Authority Caves, National Parks Carry Suit; State Courts on Haney, Gary Suit Back On, Nebraska Locales can’t forbid Concealed Carry
  8. Research: Hardy on ‘Popular Understanding’ and St. George Tucker; The ‘Remainder Problem’ in Gun Control; Lund on Originalist Jurisprudence; Volokh vs. Brady Campaign in Fed. Soc Debate

New by Kopel

Legal Brief

Amicus brief in Chicago and Oak Park Handgun Ban Cases

David B. Kopel, Maureen Martin and James W. Ozog
In the United States Court of Appeals for the Seventh Circuit
February 4, 2009
http://davekopel.org/Briefs/ILEETA-Chicago-amicus.pdf
PDF files require Adobe Acrobat Reader or similar software.

Dave’s brief in the 7th Circuit appeal of the SAF and NRA challenges to the handgun bans in Chicago and Oak Park. The brief is filed on behalf of the Independence Institute, the International Law Enforcement Educators and Trainers Association, The Heartland Institute, Prof. David J. Bordua, Prof. William R. Tonso, and the Law Enforcement Alliance of America. The brief explains the social science evidence showing the public safety benefits of guns in law-abiding hands, and provides data showing the failure of the Chicago handgun ban.

Law Review Articles

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

David B. Kopel
Denver University Law Review
Vol. 86, No. 3, 2009, forthcoming
http://ssrn.com/abstract=1327473

This is Lead article in their annual Tenth Circuit Survey. It provides a detailed analysis of all Second Amendment cases which have been decided by the Tenth Circuit Court of Appeals. The article examines the Circuit’s superficial reasoning in its claims that the Second Amendment protects only militiamen, and the Circuit’s refusal even to address important sources of authority which took a different view.

Is There a Relationship between Guns and Freedom? Comparative Results from 59 Nations

David B. Kopel
Texas Review of Law and Politics
Vol. 13, 2009, Forthcoming
http://ssrn.com/abstract=1090441

The near-final version of this forthcoming article from the Texas Review of Law & Politics is now available on SSRN. Dave wrote the article with Carl Moody and Howard Nemerov. Here’s the abstract: There are 59 nations for which data about per capita gun ownership are available. This Article examines the relationship between gun density and several measures of freedom and prosperity: the Freedom House ratings of political rights and civil liberty, the Transparency International Perceived Corruption Index, the World Bank Purchasing Power Parity ratings, and the Heritage Foundation Index of Economic Freedom. The data suggest that the relationships between gun ownership rates and these other measures are complex. The data show that (although exceptions can be found) the nations with the highest rates of gun ownership tend to have greater political and civil freedom, greater economic freedom and prosperity, and much less corruption than other nations. The relationship only exists for high-ownership countries. Countries with medium rates of gun density generally scored no better or worse than countries with the lowest levels of per capita gun ownership.

Magazine Articles and Short Essays

Gun Control

David B. Kopel
Change in Command Issue 24
January, 2009
http://changeincommand.com/issues/gun-control

Dave here examines how Americans should view the inauguration of President Obama from a 2nd Amendment perspective.

BEWARE THE RAHM

Dave Kopel
America’s First Freedom
January, 2009
http://davekopel.org/2A/Mags/beware-the-rahm.htm

“After pledging his support for the Second Amendment during the campaign, President-elect Barack Obama appoints devout gun-ban supporter Rahm Emanuel as his chief of staff.”

STRIKE TWO!

Dave Kopel
America’s First Freedom
February, 2009
http://davekopel.org/2A/Mags/Strike-Two.htm

On the heels of naming gun-banner Rahm Emanuel as his Chief of Staff, Barack Obama once again puts the lie to his supposed support of the Second Amendment by selecting former Clintonite and gun-hater Eric Holder as attorney general.

The Sword & the Tome

Dave Kopel
America’s First Freedom
February, 2009
http://davekopel.org/2A/Mags/Sword-and-Tome.pdf
PDF files require Adobe Acrobat Reader or similar software.

With a new presidential administration that is hostile to private firearm ownership now in office, we’ll likely be hearing a renewed torrent of anti-gun rhetoric coming from all directions. As we prepare for these challenges and arguments, it’s a good time to recall some important quotes that provide a long-term perspective.

SHOT Show Report

David Kopel
The Volokh Conspiracy
January 17, 2009
http://volokh.com/archives/archive_2009_01_11-2009_01_17.shtml#1232226470

Retailers, wholesalers, and manufacturers were happy that they had been making lots of money (because of concerns about the administration) but there was also great trepidation about the future.

Kmiec v. Kmiec regarding Heller

Dave Kopel
The Volokh Conspiracy
January 6, 2009
http://volokh.com/archives/archive_2009_01_04-2009_01_10.shtml#1231289178

“It seems odd for a legal scholar to reverse his view of a major constitutional issue so completely and so vehemently in a such a short period of time, especially without an expalanation of how he came to the conclusion that his former view was so utterly mistaken–or without even an acknowledgement that he recently held his former view so firmly that he urged the Supreme Court to adopt it.”

Arms Trade Treaty’s Purpose: Block Arms Sales to Israel

Dave Kopel
The Volokh Conspiracy
January 30, 2009
http://volokh.com/archives/archive_2009_01_25-2009_01_31.shtml#1233368908

“A recent statement by the International Action Network on Small Arms, the world’s leading gun prohibition lobby, states that the Arms Trade Treaty, currently being drafted in the United Nations, would prohibit arms sales to Israel and to Hamas.”

New Podcast Series

Attorney General Eric Holder

Dave Kopel
Dave Kopel’s Second Amendment Podcast
Jan. 23, 2009
http://audio.ivoices.org/mp3/iipodcast252.mp3

This is the first installment of a new series of weekly podcasts, to be published every Friday. The Feb. 6 topic will the the Seventh Circuit cases on the Chicago handgun ban.

Hillary Clinton

Dave Kopel
Dave Kopel’s Second Amendment Podcast
January 29, 2009
http://audio.ivoices.org/mp3/iipodcast228.mp3

Hillary Clinton will be a strong Secretary of State, but her hostility to civillian ownership of firearms continues unabated.

Ongoing Dave Updates

Twitter/davekopel

Dave Kopel
Twitter.com

https://twitter.com/davekopel

Check in on Dave on Twitter. For the yet-unschooled, “Twitter is a free service that lets you keep in touch with people through the exchange of quick, frequent answers to one simple question: What are you doing?” Dave provides hyperlinks and other data related to his ongoing activities. The service lends itself to small, handheld internet devices.

Online Video

Gun Free Zones

The Half Hour News Hour
YouTube Video
July 16, 2007
http://www.youtube.com/watch?v=S7pGt_O1uM8

A rather funny short from the canceled Fox satirical series about the concept of protecting oneself within the putative safety of a ‘gun free zone.’

NRANews.Com

Informational Web Site
The National Rifle Association

http://www.nranews.com/nranews.aspx

The NRA has produced weekly professional internet videos on subjects of interest to supporters of the Right to Keep and Bear Arms. This site offers access to the current week’s broadcast and an archive of past video.

International

Nepal

All Nepalese should carry weapons, says Maoist Minister

Press Trust Of India
January 11, 2009
http://tinyurl.com/b85snp

“All Nepali citizens should be given the right to carry arms for protecting themselves from ‘colonial powers’, a controversial Maoist Minister said. Gopal Kiranti did not elaborate on the “colonial powers”, but the statement comes a day after media quoted a yet-to-be released Maoist political document as saying that ‘American colonialism is moving ahead through Indian expansionism with the intention of increasing its hegemony in South Asia.’ “

Pakistan

For Middle-Class Pakistanis, a Gun Is a Must-Have Accessory: With Kidnappings and Violence on the Rise, Demand for Weapons Permits Grows

Peter Wonacott
The Wall Street Journal
January 6, 2009
http://online.wsj.com/article/SB123120431026355961.html

After escaping kidnappers who chained him to a bed for 25 days, Mohammad Javed Afridi pressed Pakistani law enforcement for swift justice. The police offered him something else: temporary permits for four automatic assault rifles.

Uruguay

Discussing an Agenda for Gun Control

Comunidad Segura: Network of Ideas and Practicies in Citizen Security
UN Office for the Coordination of Humanitarian Affairs
January 16, 2009
http://www.comunidadesegura.org/?q=en/STORY-Uruguay-Discussing-agenda-for-gun-control

“Congresswoman Daisy Tournİ, one of the main champions of gun control in the Uruguayan Parliament is also currently head of the nation’s Ministry of Interior. Since she took office however, progress on the nation’s gun control agenda has been postponed by issues related to violence and insecurity, as well as social demands.”

The Anti-Rights Movement

Urban Policy

Informational Web Page
The White House
January 21, 2009
http://www.whitehouse.gov/agenda/urban_policy/

On this website, posted the day after the inaguration, the Obama/Biden administration lists its objectives in this area: repealing the Tiahrt Amendment, which they claim restricts the ability of local law enforcement to access important gun trace information, and which they say would give police officers across the nation the tools they need to solve gun crimes and fight the illegal arms trade. Obama and Biden also favor ‘commonsense measures’ that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals. They support closing the ‘gun show loophole’ and making guns in this country childproof, the term is undefined. They also support making the expired federal Assault Weapons Ban permanent.

Gun Violence in America: Proposals for the Obama Administration

Press Release
Brady Campaign to Prevent Gun Violence
December 28, 2008
http://www.bradycampaign.org/xshare/pdf/politics/obama-transition-memo.pdf
PDF files require Adobe Acrobat Reader or similar software.

The Brady Campaign here makes its own case for ‘common sense’ gun laws to the impending Obma Administration. The document treats the need for immediate gun control as part of the President’s health care agenda.

5 Activists Arrested at Gun Shop Protest

Dafney Tales
The Philadelphia Daily News
January 15, 2009
http://www.philly.com/dailynews/local/20090115_5_activists_arrested_at_gun_shop_protest.html

Five activists were arrested by Philadelphia Police after refusing to leave Colosimo’s Gun Center, despite multiple warnings.

Obama ‘Regulatory Czar’ has Secret Animal-Rights Agenda, Says Consumer Group

Press Release
Center for Consumer Freedom
January 15, 2009
http://www.emediawire.com/releases/Cass-Sunstein/Animal-Rights/prweb1868134.htm

“The nonprofit Center for Consumer Freedom said today that Cass Sunstein, the Harvard University Law School professor tapped by President-elect Obama to head the Office of Information and Regulatory Affairs, has a secret aim to push a radical animal-rights agenda in the White House. Sunstein supports outlawing sport hunting, giving animals the legal right to file lawsuits, and using government regulations to phase out meat consumption.”

Letter on the Eric Holder Nomination for Attorney General of the United States

Wayne LePierre and Chris W. Cox
The National Rifle Association
January 9, 2009
http://www.nraila.org/media/PDFs/HolderLetter010909.pdf
PDF files require Adobe Acrobat Reader or similar software.

The Executive Vice-President of the NRA and the Executive Director of the NRA’s Institute for Legislative Action wrote an open letter to Senators Patrick Leahy and Arlen Specter on their grave misgivings over President Obama’s nomination of Eric Holder to be the next Attorney General. Holder opposed Heller, declared that the 2nd Amendment is not an individual right, and supported restrictive fierarms control legislation.

The New Second Amendment: A Bark Worse than Its Right

Adam Winkler
The Huffington Post
January 2, 2009
http://www.huffingtonpost.com/adam-winkler/the-new-second-amendment_b_154783.html

“To date, the lower federal courts have ruled in over 60 different cases on the constitutionality of a wide variety of gun control laws. There have been suits against laws banning possession of firearms by felons, drug addicts, illegal aliens, and individuals convicted of domestic violence misdemeanors. The courts have ruled on the constitutionality of laws prohibiting particular types of weapons, including sawed-off shotguns and machine guns, and specific weapons attachments. Defendants have challenged laws barring guns in school zones and post offices, and laws outlawing “straw” purchases, the carrying of concealed weapons, possession of an unregistered firearm, and particular types of ammunition. The courts have upheld every one of these laws. Since Heller, its Gun Control: 60, Individual Right: 0.” Winkler is a law professor at the UCLA School of Law.

Post-SHOT Recovery

Michael Bane
The Michael Bane Blog
January 25, 2009
http://michaelbane.blogspot.com/2009/01/post-shot-recovery.html

Dave made reference to this summary of the firearms scene at the SHOT Show and in the political environment in Washington.

The Pro-Rights Movement

Firearms Retailer Defense Fund Launched

GunReports
January 13, 2009
http://www.gunreports.com/news/news/Firearms-Retailer-Defense-Fund-SHOT-Show_1071-1.html

“The Firearms Retailer Defense Fund is a new non-profit corporation created to assist independent retailers with legal expenses should they need to defend themselves against industry-altering litigation.”

FRDF: Firearms Retailer Defense Fund, LLC.

Informational Web Page

http://www.frdf.org/

“The Firearms Retailer Defense Fund (FRDF) has been created to assist firearms retailers should they find themselves involved in litigation filed by politicians, municipalities or anti-gun orgnanizations that scrutinize your business practices. As independent firearms retailers, you need not feel alone in your battle to defend your business and your rights to keep and bear arms.”

Halbrook to Testify in Hearings on Eric Holder for Attorney General

David Theroux
The Beacon Blog
January 16, 2009
http://www.independent.org/blog/?p=914

Here is Theroux’s blog posting of the testimony of Stephen P. Halbrook on the nomination of Eric Holder to be the next Attorney General of the United States, with comments and links.

Testimony of Stephen P. Halbrook on the Nomination of Eric H. Holder, Jr., For Attorney General of the United States

Stephen P. Halbrook
The Senate Judiciary Committee
January 14, 2009
http://tinyurl.com/d6tnn6

Here is the verbatim transcript of Halbrook’s testimony.

Outdoor Sports

Ark. Lawmaker Seeks Amendment to Protect Hunting

AP (Arkansas)
5NewsOnline
January 12, 2009
http://www.kfsm.com/Global/story.asp?S=9661050

“State Sen. Steve Faris is trying again for an amendment creating a constitutional right for Arkansans to hunt and fish.”

PETA wants to Rename Fish “sea kittens”

Lindsay Barnett
The Los Angeles Times
January 12, 2009
http://latimesblogs.latimes.com/unleashed/2009/01/sea-kitten-peta.html

PETA has come up with an interesting tactic to discourage human consumption and sporting pursuit of fish.

Proposed Rule Clarifies Hunting Rule Changes at National Wildlife Refuges

Fish and Wildlife Service, U.S. Department of the Interior
Federal Register
January 13, 2009
http://edocket.access.gpo.gov/2009/pdf/E9-287.pdf
PDF files require Adobe Acrobat Reader or similar software.

This document describes proposed changes in policy and regulations regarding U.S. Wildlife refuges.

States and Failed States

Colorado

Brophy bill to Protect Homeowners Killed in Committee

Colorado State Senate News
January 26, 2009
http://www.coloradosenatenews.com/content/view/899/26/

Dave testified in favor of a bill to forestall municipalities from passing ‘safe storage’ laws that render firearms useless for immediate home defense. Democrats killed the bill in a strict party-line vote in the Senate Committee on State, Veteran, and Military Affairs.

Committee Dems Refuse to ‘Make My Day Better’

Colorado State Senate News
January 28, 2009
http://www.coloradosenatenews.com/content/view/903/26/

“Republican efforts to extend to the workplace the same rights Colorado citizens already have to protect their homes from violent intruders were stymied by ruling Democrats today.” The Democrats of the committee voted unanimously against the bill.

District of Columbia

Marine Amputee Acquitted On Gun Possession Charges

Keith L. Alexander
The Washington Post
January 14, 2009
http://tinyurl.com/an6g9o

“After being deadlocked twice, a D.C. Superior Court jury yesterday acquitted a Marine amputee on felony charges of gun possession stemming from an arrest while he was on the way to Walter Reed Army Medical Center.”

New Jersey

N.J. Fight on “Straw” Gun Buys Heats Up

Jonathan Tamari
The Philadelphia Inquirer
January 4, 2009
http://www.philly.com/philly/news/homepage/37053659.html

“New Jersey could soon become the fourth state to limit handgun purchases to one a month, a move aimed at fighting “straw” gun buyers who purchase weapons legally and pass them to criminals.”

New York

Old Firearms Given New Life by Restrictive New York Gun Control Laws

J.D. Tuccille
Examiner.com
January 19, 2009
http://www.examiner.com/x-536-Civil-Liberties-Examiner~y2009m1d19-How-New-York-City-gave-new-life-to-old-guns

With criminals ignoring New York City’s gun restrictions, citizens are purchasing exempted black powder muzzle-loading revolvers in an effort to protect themselves.

Does Nassau County D.A.’s No-Handgun-Possession Policy Violate New York Law?

Eugene Volokh
The Volokh Conspiracy
January 13, 2009
http://volokh.com/archives/archive_2009_01_11-2009_01_17.shtml#1231876639

Nassau County prohibits its assistant D.A.’s from applying for a handgun permit or owning a handgun while in office. Gene Volokh isn’t certain that New York state law allows an employer to do that.

My Time in a NYC Jail

‘Kwais’
grylliade.org
January 21, 2009
http://www.grylliade.org/node/3169

A retired Marine and a current Defense contractor spent two days and one night in a New York City jail after being improperly arrested in violation of federal law while trying to transport an unloaded firearm required for his work overseas.

NYC Jailhouse Blues

Brian Doherty
Reason Magazine
January 23, 2009
http://www.reason.com/blog/show/131241.html

Here’s a notice and further comment upon the account above.

Law

Federal Courts

CHAMBERS v. UNITED STATES

Associate Justice David Breyer
January 13, 2009
http://laws.findlaw.com/us/000/6-11206.html

In Chambers v. US, the Court clarified the potential impact of failing to report for penal confinement if you are later convicted of being a felon with a firearm. Under the Armed Career Criminal Act, an individual convicted of being a felon in possession of a firearm gets a mandatory 15 year sentence if they have three prior convictions for serious drug offenses, violent felonies, or both. Federal prosecutors wanted to use a previous conviction for failing to show up to jail as one of Mr. Chambers “violent felonies.” The Supreme Court said no in an opinion by Justice Breyer, Justice Alito concurred.

Oral Argument on the Nordyke Ninth Circuit Court of Appeals case

Case No. 07-15763
U.S. 9th Circuit Court of Appeals
January 15, 2009
http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000002641

Here is the actual audio of the oral arguments presented in the Nordyke vs. King case, the suit contesting an Alameda County law prohibiting gun shows on county property.

Federal Act Does Not Pre-empt Oklahoma Gun Law

Marie Price
The Journal Record (Oklahoma City)
January 21, 2009
http://www.journalrecord.com/article.cfm?recid=95327

“The federal agency in charge of workplace safety does not believe the Occupational Safety and Health Act pre-empts an Oklahoma law prohibiting employers from forbidding the storing of firearms in workers’ cars, according to a letter filed in an appeal with the 10th U.S. Circuit Court of Appeals.”

Housing Authority Settles Gun Lawsuit

Bob Egelko
The San Francisco Chronicle
January 14, 2009
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/01/13/BALM15A1SG.DTL

The San Francisco Housing Authority has agreed to allow its residents to own guns in a settlement of a National Rifle Association lawsuit that followed last year’s U.S. Supreme Court ruling on the right to bear arms.

Settlement Agreement in Doe v. San Francisco Housing Authority

Trutanich-Michel LLP and Henry Alvarez, Executive Director of the San Francisco Housing Authority
United States District Court for the Northern District of California, San Francisco Division
January 12, 2009
http://volokh.com/files/sfpublichousingguns.pdf
PDF files require Adobe Acrobat Reader or similar software.

Here is the actual agreement in facsimile.

New National Parks Rule Allowing Loaded Guns Challenged by Lawsuit

Michael Sangiacomo
The Cleveland Plain Dealer
January 7, 2009

“The National Parks Conservation Association and the Coalition of National Park Service Retirees filed suit this week in U.S. District Court to stop enforcement of a new regulation allowing loaded, concealed firearms in national parks, including the Cuyahoga Valley National Park.”

The First (?) Post-Heller Case Holding a Gun Control Law Unconstitutional

Eugene Volokh
The Volokh Conspiracy
January 12, 2009
http://volokh.com/posts/1231712651.shtml

“That’s U.S. v. Arzberger. The gun control law is the part of 18 U.S.C. § 3142(c)(1)(B) that requires that when someone is charged with possessing child pornography (among other crimes) and is freed on bail, he be ordered not to possess any firearm.” Dr. Volokh provides some commentary by Magistrate Judge James C. Francis IV.

United States of America vs. Jason Arzberger

Magistrate Judge James C. Francis IV
United States District Court, Southern District of New York
December 31, 2008
http://www.volokh.com/files/arzberger.pdf
PDF files require Adobe Acrobat Reader or similar software.

Here is the actual decision.

State Law and Cases

Interesting Georgia Case

David Hardy
Arms and the Law
January 19, 2009
http://armsandthelaw.com/archives/2009/01/interesting_geo.php

“The gun owner was convicted of a drug offense in 1969, and received a full pardon in 1995. When he tried to purchase a firearm, the NICS staff called a local judge and asked him to revoke the fellow’s pistol permit (which I suspect is a BIG violation of the Privacy Act). Basis was a Georgia statute that says persons convicted of a drug offense are forever ineligible to get a pistol permit.Initially he surrendered his permit, then got new counsel, John Monroe and Douglas King, and they put up a fight. The judge ultimately rules for them. A pardon is an executive act, authorized by the state Constitution. The Legislature cannot change its effect. He then sued for an injunction against Federal authorities stopping his purchase and seeking an injunction against them prosecuting him. Here’s the GeorgiaPacking.org webpage on the pleadings. Word is that the government caved in, and provided him with a certification that he is not prohibited to purchase and possess.”

In Re Haney

Probate Court of Forsyth County
State of Georgia
December 23, 2008
http://www.georgiapacking.org/docs/haney_pardon_gfl/Order_Granting_GFL.pdf
PDF files require Adobe Acrobat Reader or similar software.

The actual order of the court In Re Haney is here.

Indiana Supreme Court Green-lights Lawsuit that Blames Gun Makers for Gary’s Crime Problems: Case Alleges Gun Makers, Dealers Knew Weapons Would Go to Criminals

Jon Murray
The Indianapolis
January 13, 2009
http://www.indystar.com/article/20090113/NEWS02/901130359

“The Indiana Supreme Court declined to review a lower court ruling, ending the second round of appeals since the case was filed in 1999. Gary’s suit alleges that 16 gun makers, including Smith & Wesson and Beretta, and six Northern Indiana gun dealers sold handguns they knew would get into the hands of criminals barred from owning them.”

Authority of Local Political Subdivisions to Prohibit the Carrying of Concealed Handguns by Permit Holders under the Concealed Handgun Permit Act

Jon Bruning
Attorney General, State of Nebraska
January 14, 2009
http://tinyurl.com/djrozv

The Nebraska Attorney General opinion explains that cities and towns may not ban the licensed carrying of handguns, because such a ban is preempted by state law. Localities may ban licensed carry in places (e.g., schools) were the mere possession of handguns is prohibited.

Research

Original Popular Understanding of the 14th Amendment as Reflected in the Print Media of 1866-68

David T. Hardy
Working Paper
January 1, 2009
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1322323

Hardy argues that the decision in Heller arose from a belief that is not the intent of the body that proposed an amendment, but the understanding of the people at large who ratified it that matters in understanding a constitutional right. In that context, he analyzes the 14th Amemendment, arguing that the Slaughterhouse decisions invalidated what was understood by the mass of the people supporting its ratification to be that amendment’s expansion of the Bill of Rights to preclude its abrogation by the states.

The Lecture Notes of St. George Tucker: A Framing Era View of the Bill of Rights

David T. Hardy
Northwestern University Law Review: Colloquy
December 22, 2008
http://tinyurl.com/bdg79c

“Given contemporary adherence to originalist interpretation, and the likelihood of future conflict—as demonstrated in Heller—between varieties of originalist analysis, dissemination of Tucker’s hitherto unpublished lecture notes may offer an important contextualization of the Bill of Rights during the Founding period. It is my hope that working to democratize, as it were, the availability of these documents will assist future historical and legal analysis.”

Imagining Gun Control in America: Understanding the Remainder Problem

Nicholas J. Johnson
Wake Forest Law Review
January 13, 2009
http://lawreview.law.wfu.edu/documents/issue.43.837.pdf
PDF files require Adobe Acrobat Reader or similar software.

“Without a commitment to or capacity for eliminating the existing inventory of private guns, the supply-side ideal and regulations based on it cannot be taken seriously. It is best to acknowledge the blocking power of the remainder and adjust ourgun control regulations and goals to that reality. Policymakers who continue to press legislation grounded on the supply-side ideal while disclaiming the goal of prohibition are deluded or pandering.”

The Second Amendment, Heller, and Originalist Jurisprudence

Nelson Lund
UCLA Law Review
2009 Forthcoming
http://www.harvardlawreview.org/issues/122/nov08/amar.pdf
PDF files require Adobe Acrobat Reader or similar software.

While Lund agrees with the majority’s conclusion, he is disappointed in, for example, its dicta regarding how certain laws would still pass muster, which is given without any explanation derived from original understanding.

Gun Policy Debate Podcast

Charlie Blek and Eugene Volokh
Los Angeles chapter of Federalist Society and the Libertarian Law Society
December 5, 2008
http://www.losangelesfedsoc.org/GunPolicyDebate.mp3

Here is the audio of a fifty-one minute debate, moderated by Chief Judge Alex Kozinski, U.S. Court of Appeals for the Ninth Circuit, between Mr. Charlie Blek of the Brady Campaign and Professor Eugene Volokh of the UCLA Law School on the subject of firearms policy.

This newsletter is compiled with help from Dr. Rob S. Rice. For more on this hyperenervated, yet volitional individual, see here: http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dr. Rice also labors assiduously on his non-fiction, for examples of which see here: http://tinyurl.com/dhx7vx

Al Qaeda delenda est!

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Committee recommends gun rights resolution

February 9, 2009

Mostly those fly over states, the ones with square sides? They have been quietly  telling the Federal Government to take a hike. From unfunded mandates to inalienable rights we the people are telling the big-shots in Washington D.C. to back off. The constant and continual effort to wax fat from the backs of those that they attempt to laird it over is becoming more than can be bared. Not since prohibition has there been such a flare up of resistance against Federal tyranny. Soon, it will reach proportions that lead to the bloodiest conflict the United States has ever known. Latest of the rebellion is Wyoming:

CHEYENNE — A state legislative committee backed a resolution Friday that seeks to reinforce Wyoming’s right to bear arms.

The House Judiciary Committee endorsed the resolution unanimously. The resolution would instruct Congress to stop trying to pass federal legislation that restricts firearm ownership.

Rep. Dan Zwonitzer, R-Cheyenne, the legislation’s sponsor, said Wyoming citizens are concerned that Washington might begin imposing stricter gun control laws.

“A resolution like this isn’t going to change much,” Zwonitzer said, but added that the resolution would send the federal government a message.

The resolution mentions the Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, a federal bill Zwonitzer said is gaining strength in Congress.

He said the bill would impose more stringent government licensing measures on gun owners and place increased restrictions on guns in homes with children under 18.

Zwonitzer said the resolution has wide support among Wyoming citizens. He said the bill would “strengthen the bond between us all.”

SOURCE

For too long the Federal government has used the interstate commerce clause as an excuse for wielding power that is in fact reserved to the states by the Constitution. Both the Ninth and Tenth Amendments are very clear about this, and no, you don’t need to be educated as a high powered attorney to understand the meanings. The Bill of Rights isn’t about what rights you, or the states have, it is about the limits of the Federal government. Over you as a person, and you as a state when combined with others in your locale.

Now, these very same people are attempting to pull a fast one on we, the people, that will have generational effects upon the ability of Americans to live a normal life:

“On page 151 of this legislative pork-fest [the ‘stimulus’ bill] is one of the clandestine nuggets of social policy manipulation that are peppered throughout the bill. Section 9201 of the stimulus package establishes the ‘Federal Coordinating Council for Comparative Effectiveness Research.’ This body, which would be made up of federal bureaucrats will ‘coordinate the conduct or support of comparative effectiveness and related health services research.’ Sounds benign enough, but the man behind the Coordinating Council, Health and Human Services Secretary-designate [since withdrawn] (and tax cheat) Tom Daschle, was kind enough to explain the goal of this organization. It is to cut health care costs by preventing Americans from getting treatments that the government decides don’t meet their standards for cost effectiveness. In his 2008 book on health care, he explained that such a council would, ‘lower overall spending by determining which medicines, treatments and procedures are most effective-and identifying those that do not justify their high price tags.’ Once a panel of government experts decides what is and what is not cost-effective by their definition, the government will stop paying for treatments, medicines, therapies or devices that fall into the latter category. … Mind you, they are not simply looking to exclude treatments that don’t work, but to exclude treatments that are effective, but whose cost, in their opinion, does not justify their use. You, the patient, and your physician don’t get a vote. This would make the federal government the single most important decision-maker regarding health care for every patient in America.” –public affairs consultant Douglas O’Brien

Things like the above are just the tip of the iceberg. It’s not simply about firearms rights, or abortion, it is about the fundamental rights of Americans to be free of oppression from government. Be that Federal, State, or local.

How so..?

“The so-called stimulus bill may not do much for the economy, but it’s certainly stimulating a lot of laughter, as its supporters are reduced to arguing essentially that it would be irresponsible not to waste boatloads of taxpayer money. We do not exaggerate. Consider this article by Michael Hirsh of Newsweek: ‘Obama’s desire to begin a “post-partisan” era may have backfired. In his eagerness to accommodate Republicans and listen to their ideas over the past week, he has allowed the GOP to turn the haggling over the stimulus package into a decidedly stale, Republican-style debate over pork, waste and overspending. This makes very little economic sense when you are in a major recession that only gets worse day by day. Yes, there are still some very legitimate issues with a bill that’s supposed to be “temporary” and “targeted” — among them, large increases in permanent entitlement spending, and a paucity of tax cuts that will prompt immediate spending. Even so, Obama has allowed Congress to grow embroiled in nitpicking over efficiency when the central debate should be about whether the package is big enough. When you are dealing with a stimulus of this size, there are going to be wasteful expenditures and boondoggles. There’s no way anyone can spend $800 to $900 billion quickly without waste and boondoggles. It comes with the Keynesian territory. This is an emergency; the normal rules do not apply.’ Who is this Michael Hirsh, who has elevated unrestrained spending of the people’s money to a high principle? Here’s his bio: ‘Michael Hirsh covers international affairs for Newsweek, reporting on a range of topics from Homeland Security to postwar Iraq. He co-authored the November 3, 2003 cover story, “Bush’s $87 Billion Mess,” about the Iraq reconstruction plan. The issue was one of three that won the 2004 National Magazine Award for General Excellence.’ The bill for ‘Bush’s mess’ is less than the margin of error in reckoning the cost of the ’emergency’ legislation about which Hirsh now chides lawmakers for ‘nitpicking over efficiency.'” –Wall Street Journal columnist James Taranto

What I am suggesting, is that the Federal government, at least the vast majority in the Congress, Senate, and Executive branches, are, in fact working day and night to change the Untied States into some socialist utopia, and that the several states, are rebelling.

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