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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

Tags:Gun Control, Heller v. D.C, Law, natural law, News, Politics, Supreme Court
Posted in Editorial, Opinion, Education, Gun Control, Law, Men's Issues, mysandry, News, Non Compos Mentis, Politics, Wordpress Political Blogs | 1 Comment »

AWB 2009? Some AG’s get it correct!

June 12, 2009

All to often in recent years we have seen various high end types in Law, as in attorney’s, seek to disavow their sworn oaths to the Constitution. Be that in wrongful prosecutions, or supporting ex post facto law simply based upon political correctness, or expediency.

So, I ask, is what follows the real deal? Or simply political posturing?

MCDANIEL SENDS LETTER TO U.S ATTORNEY GENERAL EXPRESSING OPPOSITION TO REINSTATEMENT OF ASSAULT WEAPONS BAN

Thursday, Jun 11, 2009

LITTLE ROCK- Today, Attorney General Dustin McDaniel, along with Texas Attorney General Greg Abbott and 21 other State Attorneys General, sent a letter to United States Attorney General Eric Holder expressing their opposition to the reinstatement of the Violent Crime Control and Law Enforcement Act of 1994’s semi-automatic firearms prohibition, which is commonly referred to as the “Assault Weapons Ban.”

In the letter, Generals Abbott and McDaniel note President Obama’s appreciation for the great conservation legacy of America’s hunters. They go on to say, “We share that appreciation for hunters and are committed to defending our Second Amendment rights–which is why we believe that additional gun control laws are unnecessary. Instead, authorities need to enforce laws that are already in place.

“I certainly share the President’s desire to reduce violent crime in our country, and across our borders,” McDaniel said. “However, based on the facts available, there is no reason to believe this law will result in any meaningful reduction in such crime and, therefore, does not justify further infringement on Americans’ Second Amendment rights.”

The text of the letter follows:

The Honorable Eric Holder
United States Attorney General
U.S. Department of Justice

Dear Attorney General Holder:

We the undersigned Attorneys General respectfully write to express our opposition to the
reinstatement of the Violent Crime Control and Law Enforcement Act of 1994’s semiautomatic
firearms prohibition, which is commonly referred to as the assault weapons
ban.

As the states’ top law enforcement officials, we share the Obama Administration’s
commitment to reducing illegal drugs and violent crime within the United States. We
also share your deep concern about drug cartel violence in Mexico. However, we do not
believe that restricting law-abiding Americans’ access to certain semi-automatic firearms
will resolve any of these problems. So, we were pleased by the President’s recent
comments indicating his desire to enforce current laws – rather than reinstate the ban on
so-called assault weapons.

As you know, the 1994 ban on so-called ‘assault weapons’ did not apply to machine guns
or other fully automatic firearms. Machine gun ownership was first regulated when the
National Firearms Act was passed in 1934. And more than twenty years ago, Congress
took additional steps to ban fully automatic weapons. Because fully automatic machine
guns have already been banned, we do not believe that further restricting law-abiding
Americans’ access to certain semi-automatic firearms serves any real law enforcement
purpose.

Recent public statements by congressional leaders reflect that same view. On February
26, 2009, The Hill newspaper quoted the Senate Majority Leader’s spokesman saying:
“Sen. Reid would oppose an effort [to] reinstate the ban.” When House Speaker Nancy
Pelosi was recently asked whether she supports reinstating the 1994 ban, the Speaker
reportedly responded “No…I think we need to enforce the laws we have right now.” We
agree with the Speaker and the Majority Leader.

The same sentiment has also been expressed to you by sixty-five (65) Congressional
Democrats in a letter dated March 17, 2009. In that letter, they astutely noted, “It is hard
to believe the ban would be…effective in controlling crime by well-funded international
drug traffickers, who regularly use grenade launchers, anti-tank rockets, and other
weapons that are not available on the civilian market in the United States.”

Under Title 18, Section 924 of the U.S. Code,
knowingly transferring a firearm to an individual who will use that firearm to commit a
violent or drug-related crime is already a federal offense. Similarly, it is also a felony to
possess a firearm for the purpose of furthering drug trafficking. At a recent
Congressional hearing, Kumar Kibble, the Deputy Director of the Immigration and
Custom Enforcement’s Office of Investigations, testified that the Patriot Act included
changes to Title 18, Section 554 of the U.S. Code, which improved federal authorities’
ability to investigate and prosecute illegal smuggling.

As Attorneys General, we are committed to defending our constituents’ constitutional
rights – including their constitutionally-protected right to keep and bear arms. This duty
is particularly important in light of the United States Supreme Court’s recent Heller
decision, which held that the Second Amendment “elevated above all other interests the
right of law-abiding, responsible citizens to use arms in defense of hearth and home.”
The high court’s landmark decision affirmed that individual Americans have a
constitutionally-protected right to keep and bear arms. We, the undersigned Attorneys
General, are staunch defenders of that right and believe that it should not be encroached
upon without sound justification – and a clear law enforcement purpose.

We are pleased that the Administration appears to conform with the Congressional
leadership’s position on this very important issue. Importantly, the White House website
no longer calls for the reinstatement of the 1994 ban. In fact, it expressly acknowledges
“the great conservation legacy of America’s hunters.” We share that appreciation for
hunters and are committed to defending our Second Amendment rights–which is why
we believe that additional gun control laws are unnecessary. Instead, authorities need to
enforce laws that are already in place.

As Attorneys General, we look forward to working with you and President Obama on
common-sense law enforcement solutions to transnational crime. We stand ready to
cooperate and collaborate on crime prevention and law enforcement initiatives that will
protect our constituents, crack down on transnational crime, and help reduce narcotics
consumption in the United States. But, for the reasons explained in this letter, we do not
believe that reinstating the 1994 assault weapons ban will solve the problems currently
facing the United States or Mexico.

Sincerely,

SOURCE

Tags:AWB 2009, Campos Compean ans Ramos, DV, Eric Holder, Gun Control, Law, mysandry, News, Politics
Posted in Editorial, Opinion, Education, Gun Control, 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?

Tags:FDA, nanny state, nazism, News, Politics, Taxes, tobbaco
Posted in Editorial, Opinion, Gun Control, Law, News, Non Compos Mentis, Politics, Wordpress Political Blogs | Comments Off on VICTORY! Nico Nazi’s Prevail!

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.

Tags:Economy, History, News, Political Economics, Politics, Socialism, The Liberty Sphere
Posted in Economics, Editorial, Opinion, Education, Law, News, Non Compos Mentis, Politics, Wordpress Political Blogs | Comments Off on Trickle Down Economics: UPDATE

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!

Tags:Law, News, Politics, RKBA, Second Amendment
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

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
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…
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
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
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
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
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
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.

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!

Tags:Dave Kopel, Gun Control, Independence Institute, Law, News, Politics, Second Amendment, Sotomayor
Posted in Editorial, Opinion, Education, Gun Control, Law, mysandry, News, Non Compos Mentis, Politics, Wordpress Political Blogs | 10 Comments »

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?

Tags:7th Circuit Court of Appeals, Bill of Rights, Civics, Gun Control, News, Politics
Posted in Editorial, Opinion, Education, Gun Control, Law, mysandry, News, Non Compos Mentis, Politics, Wordpress Political Blogs | Comments Off on 7th Circus Court of Appeals

Department of Justice endorses Mob rule!

June 2, 2009

The DOJ has endorsed mob rule via allowing anyone to vote period. How long until ACORN, La Raza, and the New Black Panthers have even more dead people, people that do not exist, and NAMBLA members twisting our nation into some cheap imitation of Mexico? Not to mention non citizens voting.

I’m not sure who to give the hat tip to on this, TexasFred, who credited the Liberty Sphere, or my email provider where I found it from Pamala.

Since she’s a lot better looking than either of them she gets the nod!

Tuesday, June 02, 2009

Obama’s Justice Dept Will Allow Non-Citizens to Register to Vote in Georgia

Any shot for Americans to take back this country from the hard left in 2010/2012 is looking increasingly dim ….

Obama Justice Department Decision Will Allow Non-Citizens to Register to Vote in Georgia (hat tip Clyde)

Decision Bars Georgia From Continuing Voter Verification Process

Georgia Secretary of State Karen Handel issued the following statement following the U.S. Department of Justice’s denial of preclearance of Georgia’s voter verification process

Atlanta – “The decision by the U.S. Department of Justice (DOJ) to deny preclearance of Georgia’s already implemented citizenship verification process shows a shocking disregard for the integrity of our elections. With this decision, DOJ has now barred Georgia from continuing the citizenship verification program that DOJ lawyers helped to craft. DOJ’s decision also nullifies the orders of two federal courts directing Georgia to implement the procedure for the 2008 general election. The decision comes seven months after Georgia requested an expedited review of the preclearance submission.

“DOJ has thrown open the door for activist organizations such as ACORN to register non-citizens to vote in Georgia’s elections, and the state has no ability to verify an applicant’s citizenship status or whether the individual even exists. DOJ completely disregarded Georgia’s obvious and direct interest in preventing non-citizens from voting, instead siding with the ACLU and MALDEF. Clearly, politics took priority over common sense and good public policy.

“This process is critical to protecting the integrity of our elections. We have evidence that non-citizens have voted in past Georgia elections and that more than 2,100 individuals have attempted to register, yet still have questions regarding their citizenship. Further, the Inspector General’s office is investigating more than 30 cases of non-citizens casting ballots in Georgia elections, including the case of a Henry County non-citizen who registered to vote and cast ballots in 2004 and 2006.

“It is important to underscore that not a single person has come forward to say he or she could not vote because of the verification process. Further, while DOJ argues that the process is somehow discriminatory, the historic voter turnout among Hispanic and African-American voters in the 2008 general elections clearly says otherwise.

Posted by Pamela Geller on Tuesday, June 02, 2009 at 11:42 AM in VOTER FRAUD: DEMOCRAT TOOL | Permalink

Tags:DOJ, Law, mob rule, News, Politics, voting
Posted in Editorial, Opinion, Education, Immigration, Law, News, Non Compos Mentis, Politics, Wordpress Political Blogs | 3 Comments »

Things that make Gun owners cringe

June 2, 2009

No, these are things that are even worse than activist judges. Worse than all the lies told by the VPC, the Brady Bunch and San Fran Nan combined.

It is the improper use of firearms, period.

Firearms are tools and nothing more. A tool is an extension of a persons will. Be it a hammer driving a nail, a scalpel in the hand of a surgeon, or a firearm being used to save, or take a life. Are these uses questions of moral equivalency, or can they be divided into issues that are black and white?

I believe that it all comes down to a persons sense of responsibility and accountability. Two components without which one cannot have Honor, and further that one must have a rather healthy dose of inner honesty in order to use the two previous qualities properly.

Of course I would never expect the various hopolophobe groups to acknowledge that guns are not evil in and of themselves. The flip side of this coin is that I do expect gun owners to realize the moral commitment that attaches to oneself simply by being an owner of weapons.

Tags:Gun Control, Hopolophobia, morals, News, Politics
Posted in Editorial, Opinion, Education, Gun Control, Law, mysandry, News, Non Compos Mentis, Politics, Wordpress Political Blogs | Comments Off on Things that make Gun owners cringe

“SB-2099” e-mail a hoax

June 1, 2009

From Rocky Mountain Gun Owners:

“SB-2099” e-mail a hoax, but illustrates why you should be a member of a trusted pro-gun group

You may have received an e-mail about a bill in the U.S. Senate known as “SB-2099”.

There are a great number of indicators in this e-mail that prove the sender is not to be trusted.

“This bill will become public knowledge 30 days after it is voted into law.” Baloney. I don’t trust the scumbuckets in Washington, D.C. either. But a bill can’t become law without “public knowledge” or without a vote.

If this were possible, is there any doubt the anti-gun liberals would use it to immediately enact their gun control fantasies? The only thing stopping them is… well, frankly, you, and your outrage.

Another thing that tells you this isn’t accurate is that the US Senate doesn’t legislation as “SB 2099” or “SB-2099”. It would be “S. 2099”.

The third glaring indication that it isn’t real is that when you do a search of “S. 2099” or even “2099” from the US Senate website, it returns nothing.

I’m a former US Senate employee (Sen. Bill Armstrong’s staff), and still have a lot of contacts on the Hill. So I’ve got a good handle on federal legislation — we track federal legislation here:

http://www.nationalgunrights.org/billwatch.shtml

As you can see, no “2099” exists in the current Congress.

The one thing they did get right is that 2099 was, at one time, a bill in the U.S. Senate… in 2000. And yes, it was a gun control disaster. It didn’t get anywhere, but 9 years later its not still alive.

However, this illustrates why we exist: There’s a lot of misinformation out there — especially on the internet — and gun owners need someone they trust take the time to decipher it. They want to know what’s happening without being scammed, so they become members of groups they trust.

If you are sent this e-mail, forward our above reply, with a note from you to the sender and all the recipients:

“I asked a gun lobbyist I trust about the legislation you referenced, “SB-2099”. And, as you can see from this 15-year veteran of the wars to save our freedoms, the referenced legislation isn’t as advertised.

There are plenty of real threats to our right to keep and bear arms. Let’s put our energy into fighting them, not ghosts.

That’s why I’m a member of Rocky Mountain Gun Owners: I trust them to know what’s happening and alert me when my help is needed.

If you live in Colorado, you need to be a member. There is no other group in Colorado who truly defends our rights without compromise.

Click here to join RMGO

Click here if you’d like to receive more information about RMGO in the mail

Click here to read more about RMGO

If you don’t live in Colorado, you can always join the National Association for Gun Rights, which is led by the same staff.

Click here to join NAGR

This is a great way to turn a wild goose chase into an actual positive for freedom.

Tags:Gun Control, News, Politics, RMGO, SB 2009
Posted in Editorial, Opinion, Education, Gun Control, Law, Local Politics Colorado, Men's Issues, mysandry, News, Non Compos Mentis, Politics, Wordpress Political Blogs | 32 Comments »

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Archive for the ‘Non Compos Mentis’ Category

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MCDANIEL SENDS LETTER TO U.S ATTORNEY GENERAL EXPRESSING OPPOSITION TO REINSTATEMENT OF ASSAULT WEAPONS BAN Thursday, Jun 11, 2009

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Dave Kopel’s Second Amendment Newsletter

Table of Contents

New by Kopel

Sotomayor

Sonia Sotomayor versus the Second Amendment

Sotomayor vs. the Second Amendment, Part II

Highly Dubious Claim against Sotomayor

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

Sonia Sotomayor

National Parks

Respecting States’ Wishes

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

Nordyke vs. King

The State of Heller

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

Other Topics

The No on Koh Letter

Koh, No!

The Pieces Fall into Place

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

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

Journal on Firearms and Public Policy

The Necessary and Proper Clause: An Explanation

7th Circuit Court of Appeals Handgun Ruling

The Montana Firearms Freedom Act

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

Important New Translation of Homer’s Iliad

Important Announcements!

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

Freedom Underground Symposium

Dr. Rice Announces Author’s Web Site!

International

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

Canada

Want a Gun Permit? Tell us About Your Sex Life

China

Staring Down the Barrel: the Rise of Guns in China

Germany

Germany Moves to Tighten Laws over Gun Control

Ireland

Handgun culture increasing in the State, says Deasy

Mexico

Southbound Checks at Border Yield Few Guns

Why the Lies About Guns Going to Mexico?

United Kingdom

Golfers Arrested after Fighting off Gang Attempting to Steal Clubs

Public Opinion, Culture, & Media

Facts from the NRA Convention

Before Recent Shootings, Gun-Control Support was Fading

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

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

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

AHSA 2.0: A New Beginning?

Mennonite Preacher among those Arrested in Phila Gunshop Protests

Phila. Gun-shop Protesters Acquitted

Another Corrupt Anti goes Down

Heated Debate Over Assault Weapons

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

Student says CCAC is Trying to Thwart Gun Advocacy Group

Elites out of Touch on Guns and Climate

Gun Free School Zone Follies

Federal

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

Democrats Hold Fire on Gun Control

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

Moran Introduces Veterans Second Amendment Protection Act

Tupak Re-Introduces Second Amendment Restoration Act

Lautenberg renews Push to Shut Gun Show ‘Loophole’

MCDANIEL SENDS LETTER TO U.S ATTORNEY GENERAL EXPRESSING OPPOSITION TO REINSTATEMENT OF ASSAULT WEAPONS BAN

Thursday, Jun 11, 2009