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2nd Amendment: Crime is down, some call for more gun control

February 14, 2009

The FBI has recently released 2008 statistics showing that violent crime in the United States has dropped to a 35-year low, with the murder rate at its lowest in 43 years. In fact, since peaking in 1991, the rates of murder and violent crime as a whole have fallen 41 percent and 46 percent respectively. But despite this positive news, the anti-gun Brady Campaign is continuing to wage war on our Second Amendment right to bear arms.

The Campaign is claiming, “Most states have weak or non-existent gun laws that help feed the illegal gun market, allow the sale of guns without Brady background checks and put families and children at risk.” This statement flies in the face of the cold, hard fact that violent crime stats have fallen during a time when laws restricting the purchase of firearms have become less stringent.

Manipulating data is nothing new to the Brady Campaign. Each year the group issues a scorecard for each state, on which the state scores anywhere from zero to 100. The more gun control laws it has on the books, the higher the score. The problem is, they don’t bother to check whether the laws are having any effect on crime. In truth, it’s more guns, less crime.

SOURCE

Tags:2ed Amendment, Brady Campaign, Crime, Education, FBI, guncontrol, Law, News, Politics, VPC
Posted in Editorial, Opinion, Education, Gun Control, Law, News, Politics, Uncategorized, Wordpress Political Blogs | Comments Off on 2nd Amendment: Crime is down, some call for more gun control

Lincoln’s legacy at 200…

February 14, 2009

Abraham Lincoln, the man that freed the slaves, and saved the union. The History channel recently aired an objective appraisal of our sixteenth President. They were less than kind… Especially after the way that they have been bending over to be among those politically correct supporters of the Obama.

Not to be out done, The Patriot Post also had their perspective of President Lincoln with the 20/20 vision of two hundred years of hindsight. Perhaps things like what Lincoln was, and is praised for is why I am not a Republican.

“If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it.” –Thomas Jefferson

PATRIOT PERSPECTIVE

Lincoln’s legacy at 200

By Mark Alexander

February 12 marked the 200th anniversary of the birth of Abraham Lincoln.

During his inauguration, Barack Hussein Obama insisted on using Lincoln’s Bible as he took his oath of office. Those who know their history might understand why Obama then proceeded to choke on that oath.

Obama, the nation’s first half-African American president, was playing on Lincoln’s status as “The Great Emancipator,” though Obama himself is certainly not the descendant of slaves. His ancestors may well have been slaveholders, though — and I am not talking about his maternal line. Tens of millions of Africans have been enslaved by other Africans in centuries past. Even though Chattel (house and field) and Pawnship (debt and ransom) slavery was legally abolished in most African nations by the 1930s, millions of African men, women and children remain enslaved today, at least those who escape the slaughter of tribal rivalry.

Not to be outdone by the Obama inaugural, Republican organizations are issuing accolades in honor of their party’s patriarch, on this template: “The (name of state) Republican Party salutes and honors Abraham Lincoln on the celebration of his 200th birthday. An extraordinary leader in extraordinary times, Abraham Lincoln’s greatness was rooted in his principled leadership and defense of the Constitution.”

Really?

If the Republican Party would spend more energy linking its birthright to our Constitution rather than Lincoln, it might still enjoy the popular support it had under Ronald Reagan.

Though Lincoln has already been canonized by those who settle for partial histories, in the words of John Adams, “Facts are stubborn things; and whatever may be our wishes, our inclination, or the dictates of our passions, they cannot alter the state of facts and evidence.”

In our steadfast adherence to The Patriot Post’s motto, Veritas Vos Liberabit (“the truth shall set you free”), and our mission to advocate for the restoration of constitutional limits on government, I am compelled to challenge our 16th president’s iconic standing.

Lincoln is credited with being the greatest constitutional leader in history, having “preserved the Union,” but his popular persona does not reconcile with the historical record. The constitutional federalism envisioned by our Founders and outlined by our Constitution’s Bill of Rights was grossly violated by Abraham Lincoln. Arguably, he is responsible for the most grievous constitutional contravention in American history.

Needless to say, when one dares tread upon the record of such a divine figure as Lincoln, one risks all manner of ridicule, even hostility. That notwithstanding, we as Patriots should be willing to look at Lincoln’s whole record, even though it may not please our sentiments or comport with the common folklore of most history books. Of course, challenging Lincoln’s record is NOT tantamount to suggesting that he believed slavery was anything but an evil, abominable practice. Nor does this challenge suggest that Lincoln himself was not in possession of admirable qualities. It merely suggests, contrary to the popular record, that Lincoln was far from perfect.

It is fitting, then, in this week when the nation recognizes the anniversary of his birth, that we answer this question — albeit at great peril to the sensibilities of some of our friends and colleagues.

Liberator of the oppressed…

The first of Lincoln’s two most oft-noted achievements was ending the abomination of slavery. There is little doubt that Lincoln abhorred slavery, but likewise little doubt that he held racist views toward blacks. His own words undermine his hallowed status as the Great Emancipator.

For example, in his fourth debate with Stephen Douglas, Lincoln argued: “I will say then that I am not, nor ever have been in favor of bringing about in any way the social and political equality of the white and black races — that I am not nor ever have been in favor of making voters or jurors of Negroes, nor of qualifying them to hold office, nor to intermarry with white people; and I will say in addition to this that there is a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. And inasmuch as they cannot so live, while they do remain together there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race.”

Lincoln declared, “What I would most desire would be the separation of the white and black races…”

In 1860, Lincoln’s racial views were explicit in these words: “They say that between the nigger and the crocodile they go for the nigger. The proportion, therefore, is, that as the crocodile to the nigger so is the nigger to the white man.”

As for delivering slaves from bondage, it was two years after the commencement of hostilities that Lincoln signed the Emancipation Proclamation — to protests from free laborers in the North, who didn’t want emancipated slaves migrating north and competing for their jobs. He did so only as a means to an end, victory in the bloody War Between the States — “to do more to help the cause.”

“My paramount object in this struggle is to save the Union, and is not either to save or to destroy slavery,” said Lincoln in regard to the Proclamation. “If I could save the Union without freeing any slave I would do it, and if I could save it by freeing all the slaves I would do it; and if I could save it by freeing some and leaving others alone I would also do that. What I do about slavery, and the colored race, I do because I believe it helps to save the Union; and what I forbear, I forbear because I do not believe it would help to save the Union.”

In truth, not a single slave was emancipated by the stroke of Lincoln’s pen. The Proclamation freed only “slaves within any State … the people whereof shall then be in rebellion against the United States.” In other words, Lincoln declared slaves were “free” in Confederate states, where his proclamation had no power, but excluded slaves in states that were not in rebellion, or areas controlled by the Union army. Slaves in Kentucky, Missouri, Delaware and Maryland were left in bondage.

His own secretary of state, William Seward, lamented, “We show our sympathy with slavery by emancipating slaves where we cannot reach them and holding them in bondage where we can set them free.”

The great abolitionist Frederick Douglass was so angry with Lincoln for delaying the liberation of some slaves that he scarcely contacted him before 1863, noting that Lincoln was loyal only “to the welfare of the white race…” Ten years after Lincoln’s death, Douglass wrote that Lincoln was “preeminently the white man’s President” and American blacks were “at best only his step-children.”

With his Proclamation, Lincoln succeeded in politicizing the issue and short-circuiting the moral solution to slavery, thus leaving the scourge of racial inequality to fester to this day — in every state of the Union.

Many historians argue that Southern states would likely have reunited with Northern states before the end of the 19th century had Lincoln allowed for a peaceful and constitutionally accorded secession. Slavery would have been supplanted by moral imperative and technological advances in cotton production. Furthermore, under this reunification model, the constitutional order of the republic would have remained largely intact.

In fact, while the so-called “Civil War” (which by definition, the Union attack on the South was not) eradicated slavery, it also short-circuited the moral imperative regarding racism, leaving the nation with racial tensions that persist today. Ironically, there is now more evidence of ethnic tension in Boston than in Birmingham, in Los Angeles than in Atlanta, and in Chicago than in Charleston.

Preserve the Union…

Of course, the second of Lincoln’s most famous achievements was the preservation of the Union.

Despite common folklore, northern aggression was not predicated upon freeing slaves, but, according to Lincoln, “preserving the Union.” In his First Inaugural Address Lincoln declared, “I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments.”

“Implied, if not expressed”?

This is the first colossal example of errant constitutional interpretation, the advent of the so-called “Living Constitution.”

Lincoln also threatened the use of force to maintain the Union when he said, “In [preserving the Union] there needs to be no bloodshed or violence … unless it be forced upon the national authority.”

On the other hand, according to the Confederacy, the War Between the States had as its sole objective the preservation of the constitutional sovereignty of the several states.

The Founding Fathers established the constitutional Union as a voluntary agreement among the several states, subordinate to the Declaration of Independence, which never mentions the nation as a singular entity, but instead repeatedly references the states as sovereign bodies, unanimously asserting their independence. To that end, our Constitution’s author, James Madison, in an 1825 letter to our Declaration of Independence’s author, Thomas Jefferson, asserted, “On the distinctive principles of the Government … of the U. States, the best guides are to be found in … The Declaration of Independence, as the fundamental Act of Union of these States.”

The states, in ratifying the Constitution, established the federal government as their agent — not the other way around. At Virginia’s ratification convention, for example, the delegates affirmed “that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to injury or oppression.” Were this not true, the federal government would not have been established as federal, but instead a national, unitary and unlimited authority. In large measure as a consequence of the War Between the States, the “federal” government has grown to become an all-but unitary and unlimited authority.

Our Founders upheld the individual sovereignty of the states, even though the wisdom of secessionist movements was a source of debate from the day the Constitution was ratified. Tellingly, Alexander Hamilton, the utmost proponent of centralization among the Founders, noted in Federalist No. 81 that waging war against the states “would be altogether forced and unwarrantable.” At the Constitutional Convention, Hamilton argued, “Can any reasonable man be well disposed toward a government which makes war and carnage the only means of supporting itself?”

To provide some context, three decades before the occupation of Fort Sumter, former secretary of war and then South Carolina Senator John C. Calhoun argued, “Stripped of all its covering, the naked question is, whether ours is a federal or consolidated government; a constitutional or absolute one; a government resting solidly on the basis of the sovereignty of the states, or on the unrestrained will of a majority; a form of government, as in all other unlimited ones, in which injustice, violence, and force must ultimately prevail.”

Two decades before the commencement of hostilities between the states, John Quincy Adams wrote, “If the day should ever come (may Heaven avert it!) when the affections of the people of these States shall be alienated from each other … far better will it be for the people of the disunited States to part in friendship with each other than to be held together by constraint. Then will be the time for reverting to the precedents which occurred at the formation and adoption of the Constitution, to form again a more perfect Union. … I hold that it is no perjury, that it is no high-treason, but the exercise of a sacred right to offer such a petition.”

But the causal case for states’ rights is most aptly demonstrated by the words and actions of Gen. Robert E. Lee, who detested slavery and opposed secession. In 1860, however, Gen. Lee declined Lincoln’s request that he take command of the Army of the Potomac, saying that his first allegiance was to his home state of Virginia: “I have, therefore, resigned my commission in the army, and save in defense of my native state … I hope I may never be called on to draw my sword.” He would, soon thereafter, take command of the Army of Northern Virginia, rallying his officers with these words: “Let each man resolve to be victorious, and that the right of self-government, liberty and peace shall find him a defender.”

In his Gettysburg Address, Lincoln employed lofty rhetoric to conceal the truth of our nation’s most costly war — a war that resulted in the deaths of some 600,000 Americans and the severe disabling of more than 400,000 others. He claimed to be fighting so that “this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.” In fact, Lincoln was ensuring just the opposite by waging an appallingly bloody war while ignoring calls for negotiated peace. It was the “rebels” who were intent on self-government, and it was Lincoln who rejected their right to that end, despite our Founders’ clear admonition to the contrary in the Declaration.

Moreover, had Lincoln’s actions been subjected to the terms of the Fourth Geneva Convention (the first being codified in 1864), he and his principal military commanders, with Gen. William T. Sherman heading the list, would have been tried for war crimes. This included waging “total war” against not just combatants, but the entire civilian population. It is estimated that Sherman’s march to the sea was responsible for the rape and murder of tens of thousands of civilians.

Further solidifying their wartime legacy, Sherman, Gen. Philip Sheridan, and young Brigadier General George Armstrong Custer (whose division blocked Gen. Lee’s retreat from Appomattox), spent the next ten years waging unprecedented racial genocide against the Plains Indians.

Lincoln’s war may have preserved the Union geographically (at great cost to the Constitution), but politically and philosophically, the constitutional foundation for a voluntary union was shredded by sword, rifle and cannon.

“Reconstruction” followed the war, and with it an additional period of Southern probation, plunder and misery, leading Robert E. Lee to conclude, “If I had foreseen the use those people designed to make of their victory, there would have been no surrender at Appomattox Courthouse; no sir, not by me. Had I foreseen these results of subjugation, I would have preferred to die at Appomattox with my brave men, my sword in my right hand.”

Little reported and lightly regarded in our history books is the way Lincoln abused and discarded the individual rights of Northern citizens. Tens of thousands of citizens were imprisoned (most without trial) for political opposition, or “treason,” and their property confiscated. Habeas corpus and, in effect, the entire Bill of Rights was suspended. Newspapers were shut down and legislators detained so they could not offer any vote unfavorable to Lincoln’s conquest.

In fact, the Declaration of Independence details remarkably similar abuses by King George to those committed by Lincoln: the “Military [became] independent of and superior to the Civil power”; he imposed taxes without consent; citizens were deprived “in many cases, of the benefits of Trial by Jury”; state legislatures were suspended in order to prevent more secessions; he “plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people … scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.”

The final analysis…

Chief among the spoils of victory is the privilege of writing the history.

Lincoln said, “Character is like a tree and reputation like a shadow. The shadow is what we think of it; the tree is the real thing.”

Lincoln’s enduring reputation is the result of his martyrdom. He was murdered on Good Friday and the metaphorical comparisons between Lincoln and Jesus were numerous.

Typical is this observation three days after his death by Parke Godwin, editor of the New York Evening Post: “No loss has been comparable to his. Never in human history has there been so universal, so spontaneous, so profound an expression of a nation’s bereavement. [He was] our supremest leader — our safest counselor — our wisest friend — our dear father.”

A more thorough and dispassionate reading of history, however, reveals a substantial expanse between his reputation and his character.

“America will never be destroyed from the outside,” Lincoln declared. “If we falter and lose our freedoms, it will be because we destroyed ourselves.” Never were truer words spoken.

While the War Between the States concluded in 1865, the battle for states’ rights — the struggle to restore constitutional federalism — remains spirited, particularly among the ranks of our Patriot readers.

In his inaugural speech, Barack Obama quoted Lincoln: “We are not enemies, but friends…. Though passion may have strained, it must not break our bonds of affection.”

Let us hope that he pays more heed to those words than did Lincoln.

Tags:Education, History Channel, Lincoln, Living Constitution, News, Patriot Post, political science, Politics
Posted in Economics, Editorial, Opinion, Education, Historical Quotes, Law, News, Politics, Uncategorized, War, Wordpress Political Blogs | Comments Off on Lincoln’s legacy at 200…

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.

Tags:Courage, Immigration, News, Politics, Silver Star, US ARMY, Valor
Posted in Education, Immigration, Men's Issues, Military Science, News, Politics, Uncategorized, War, Warfare, Wordpress Political Blogs | 2 Comments »

How to shut up a Senator or two

February 12, 2009

Want some drama? Want to see Senators squirm? Watch this video…

Common Sense

Stolen From

Tags:Gun Control, gun rights, News, Politics, Schumer
Posted in Education, Gun Control, Law, News, Politics, Wordpress Political Blogs | 2 Comments »

Bailout and social agenda’s: Gun Control

February 11, 2009

Well, you knew it was hidden away somewhere in the Obama wealth transfer AKA the Porkulus Scam.

Pork” Bailout Bill Could Ban Guns For Millions Of Americans
— Ask your Senators to oppose HR 1

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

“HR 1 is about more than just pork. Millions of gun owners stand to
lose their gun rights without any due process.” — Larry Pratt, GOA
Executive Director

Wednesday, February 11, 2009

The Obama administration is putting a lot of pressure on Congress to
slam through the most recent $800+ billion bailout package before anyone
has an opportunity to read it.

The Obama administration intones that the details are unimportant. The
only thing that matters is the “bigness.” And, by shipping a
bill of
nearly $900 billion (plus interest) to our children and grandchildren,
the package is really, really big — bigger, in fact, than the budget of
our entire government for the first 170 years of our country’s
existence.

But now that some of the details are finally starting to leak out of
Washington, Gun Owners — and a lot of other analysts — are beginning
to look at the fine print. And some of it is particularly scary.

Of particular concern to gun owners are sections 13101 through 13434 of
HR 1, which would set up the infrastructure to computerize the medical
records of ALL AMERICANS in a government-coordinated database.

True, the bill doesn’t mandate that the data will be in a giant computer
under the Oval Office. But it does mandate that your medical records be
reduced to a computerized form which is available to it in a second.

This it would do by establishing a National Coordinator for Health
Information Technology — tasked with, among other things, “providing
information to help guide medical decisions at the time and place of
care.”

It should be scary enough that a government bureaucrat is directed by
statute to try to influence your doctor’s decisions with respect to your
medical care.

But of even greater concern to gun owners is the fact that a
government-coordinated database (which government can freely access)
will now contain all records of government-provided and private
psychiatric treatment — including, in particular, the drugs which were
prescribed.

Remember last year’s “NICS Improvement Act” — otherwise
known as the
Veterans Disarmament Act? This law codified ATF’s attempts to make you
a prohibited person on the basis of a government psychiatrist’s finding
that you are a “danger” — without a finding by any court. Well,
roughly 150,000 battle-scarred veterans have already been unfairly
stripped of their gun rights by the government.

But people who, as kids, were diagnosed with Attention Deficit
Disorder… or seniors with Alzheimer’s… or police with Post-Traumatic
Stress Disorder… or people who are now theoretically covered by the
new law… these people have, generally, not suffered the consequences
of its sanctions — YET. And the chief reason is that their records are
not easily available to the government in a central, easily retrievable,
computerized form.

The bailout bill would change all of that. It would push increasingly
hard to force your private psychiatrist or government-sanctioned
psychiatrist to turn over your psychiatric records to a massive
database. This would be mandated immediately if your doctor does
business with the government.

This would supposedly save Medicare money in connection with medical
treatment. And, the sponsors insist, they would work very hard to
protect your privacy.

But this turns the concept of “privacy” on its head. The
privacy which
is MOST important is privacy from the prying eyes of government — not
privacy of government data against the prying eyes of others. After
all, many government data bases have been hacked in recent years, with
mountains of information stolen.

So, once the government has access to these computerized psychiatric
records, the stage will be set for using that database to take away the
gun rights of those with Alzheimer’s, those with ADD, and those with
PTSD.

ACTION: Write your two senators. Urge them to vote against the bailout
bill (HR 1) until it is stripped of provisions which would turn your
psychiatric records over to a central government-coordinated database
against your will — without you getting your day in court.

You can go to the Gun Owners Legislative Action Center at
http://www.gunowners.org/activism.htm to send your Senators the
pre-written e-mail message below.

—– Prewritten Letter —–

Dear Senator:

I am particularly concerned about sections 13101 through 13434 of the
new bailout bill (HR 1). These sections would set up the infrastructure
to computerize the medical records of ALL AMERICANS in a
government-coordinated database, including psychiatric records.

It is scary enough that a government bureaucrat is directed by statute
to try to influence my doctor’s decisions with respect to my medical
care.

But of even greater concern to gun owners is the fact that a
government-coordinated database will now contain all records of
government-provided and private psychiatric treatment.

Last year’s “NICS Improvement Act” codified ATF’s attempts to
make a
person a prohibited person on the basis of a government psychiatrist’s
finding that he is a “danger” — without a finding by any
court. Well,
roughly 150,000 battle-scarred veterans have already been unfairly
stripped of their gun rights by the government.

Now, this new government-coordinated database threatens the gun rights
of people who, as kids, were diagnosed with Attention Deficit
Disorder… seniors with Alzheimer’s… police with Post-Traumatic
Stress Disorder… and many other law-abiding Americans.

Please vote against cloture on HR 1 until this provision is removed.

Sincerely,

****************************

Tags:bailout, Gun Control, News, Obama, Politics
Posted in Editorial, Opinion, Education, Gun Control, Law, News, Politics, Wordpress Political Blogs | 8 Comments »

Million Gun Owner March ReDux?

February 11, 2009

This just out; I have to wonder if the word meisters of Newspeak, aka political correctness have become involved.

UPDATE Feb 9, 2009 — by Skip Coryell

We’ve been getting lots of feedback on our name “Million Gun Owner March” and we are listening to you and taking your comments and suggestions seriously. Your input is important to us. After all, this is a movement of the people; it doesn’t belong to us. It moves and breathes and gets its being from “We the People” who give it life and make it live.

Many of you have expressed concern that the name “Million Gun Owner March” implies that people will be marching on Washington DC fully armed and ready to launch an armed takeover. At first I was skeptical, but then I did an internet search and started reading what people were saying across the other forums, and there is merit to what you’re saying. People aren’t reading it as “Million Gun Owner March” but as “Million Gun March”.

Also, we are getting a lot of email from people who don’t own guns, but still want to support us. They believe in the Second Amendment, but just choose, for a myriad of reasons, not to own them. We respect that and want them to feel welcome here. We need as much support as we can get if we’re going to make this march work.

Because of this, we have decided to change our name to “Second Amendment March”. We are still early in this process, so if we’re going to change, then now is the time.

Once again, thanks for your input and your support, and welcome to the “Second Amendment March”.

SOURCE

Tags:Gun Control, milion gun owner march, News, political correctness, Politics, Second Amendment, Second Amendment March, spin
Posted in Editorial, Opinion, Education, Gun Control, Law, News, Politics, Uncategorized, Wordpress Political Blogs | 1 Comment »

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

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!
Online Video: Satirical ‘Gun Free Zones,’ NRANews video archive
International: Armed Nepalese; Pakistani Self-Defense; Uruguayan Gun Control
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
Pro-Rights Movement: Firearms Retailer Defense Fund; Halbrook on Holder; Winnetka Caves in Illinois; Massachusetts Police Chief Charged; Minnesota Concealed Carry
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
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
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!

Tags:Bill of Rights, Constitution, Dave Kopel, Independence Institute, Law, News, Politics, Second Amendment
Posted in Blogroll, Editorial, Opinion, Education, Gun Control, Law, Local Politics Colorado, Men's Issues, News, Politics, Uncategorized, War, Wordpress Political Blogs | 6 Comments »

The Car Tax

February 9, 2009

So what is going on at the Golden Dome in Denver? Here is a small, but important item. Information sent by State senator Greg Brophy.

The Car Tax

What you saw at the Capitol these past couple weeks
was a classic example of concentrated versus
diffused interests.

Mike Rosen gives examples of this all the time on
his show, and speaking of Mike, he should have
taken his own advice and stuck
with Greenburg and Associates; then no one would
have made off with his
money.

The concentrated interests are the contractors and
business communities that benefit from state
expenditures on roads. The diffused interests are
the regular tax
payers who foot the bill for this fee (tax) increase.

The tax increase amounts to a quarter of a billion
dollars a year, so you can see why the contractors
are interested. It means $41 to you for each regular
sized
car and $51 for a pickup or bigger SUV.

It’s probably not worth your coming to the
Capitol to complain about $82 in registration fee
increases a year (two
cars), but for sure the road construction guys are
interested in their share
of an extra quarter billion dollars.
Diffused (tax payers) versus concentrated (tax
receivers).

The bill also allows for tolling of existing roads
just to raise revenue. We took that
part out on Wednesday morning and after the four
Democrats who sided with the
14 Republicans had their arms twisted all through
lunch, they voted to put it
back in during the afternoon session.

We also took out of the bill the provision that
would allow the state to tax you for every mile
driven by putting a GPS
transponder in your car. I expect them
to try to put that provision back in during
discussion in the House.

For sure, we need to spend more money on roads.
I’ve offered many ideas to do just
that, such as the Plus One idea from last year,
which gradually put
transportation funding into the general budget and
built the amount up to a
billion a year additional spending over ten years.
It would work if given a try.

Remember, we didn’t get to this overall road
condition overnight and we won’t solve the problem
for ever overnight.

And, I think it is really important to note that
only a fool would raise taxes during a recession.

We also need to come up with a fair way to pay for
roads in the future.

One of these days, people may be driving fully
electric cars. They won’t pay
much in fuel taxes will they? Heck, I drive
a Prius, so I don’t pay nearly as much as I used to
pay. During the period of $4 gas, I left my
pickup parked as much as possible.
We’ll see that again, I’m afraid.

I’d trade the gas tax for something else.

Bob Beauprez suggested a sales tax on all items as a
trade for the gas tax. It would work.

I have been thinking about an annual stamp on a
driver’s license; kind of like my elk hunting stamp
on my conservation
certificate. Get away from the car,
after all, a lot of people, especially farmers own
lots of cars, and
concentrate on the individual driver.
You can only drive one vehicle at a time; seems
fairer to me than this
increase on all car registrations.

Then the question comes up, when to collect it?
Happy Birthday, you owe the state $150 for
your road stamp! Maybe the fourth
Monday in October would work, that way if the stamp
costs too much, the
voters would revolt.

I am a rural guy, and I always will be. Any idea
that I support will not harm my
neighbors.

I’ve been blogging at
http://www.SenatorBrophy.blogspot.com you can get shorter
and more timely stuff
there.

You can donate to my
campaign by clicking the button below.
Don’t click if you are a lobbyist or have business
before the
legislature.

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the above button to pay.

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Tags:Colorado Politics, Greg Brophy, News, Politics, Taxes
Posted in Economics, Editorial, Opinion, Law, Local Politics Colorado, News, Politics, Wordpress Political Blogs | Comments Off on The Car Tax

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.

Tags:Abortion, bail outs, Bill of Rights, Constitution, News, Politics, states rights, Taxes
Posted in Domestic Violence, Economics, Editorial, Opinion, Education, Gun Control, Immigration, Law, Men's Issues, News, Politics, Uncategorized, Wordpress Political Blogs | 5 Comments »

THE OBAMANISTA REGIME’S SCAMS, SCANDALS, CONTROVERSIES, LIES, DECEPTIONS AND EMBARRASSMENTS

February 7, 2009

Leave it a Recon Marine to compile just what has gone on with the Obama since he took office. Not even a month, and he has Bill Clinton beat! Well, what can I say..? Well done Gunny, carry on and Semper Fidelis!

Attorney General Eric Holder, revealed to be the man who, as Clinton’s deputy AG, was the driving force behind the sentence commutation of 16 murderous FALN terrorists.

Attorney General Eric Holder’s law firm represents 17 Gitmo terrorists and he is a driving force behind the closing of Gitmo.

On Inauguration Day, Obama granted only ABC News an interview, after they paid him $2 million to sponsor his DC Neighborhood Ball.

After three days in office, Obama ordered an attack on homes in Pakistan. Twenty-one people were killed but only five were reported to have been terrorists; the rest of the incinerated and dismembered victims were children, their moms and dads, and other civilians, according to the New York Times, the AFP, the AP and many other news sources.

On 23 January 2009, Obama demanded that GOP leaders stop listening to Rush Limbaugh or else things would not go well for them during his regime.

William Lind, a powerful defense industry lobbyist, was appointed by Obama to be deputy defense secretary, despite all the rants and promises Obama made about never appointing a lobbyist to a position of power in his regime.

On 23 January 2009, Obama lifted the ban on federal tax dollars funding abortion mill operations in Third World countries where eugenics are now again used to control the population.

Two days after seizing power, Obama signed an executive order to close Gitmo, making it clear that the comfort and happiness of the terrorists therein, and Europe’s opinion of us, are far more important than national security and the lives of American families.

Secretary of State Hillary Clinton refuses to reveal all of the big foreign donors to her husband’s “foundation,” but the Washington Times says huge sums of money came from the People’s Republic of China via a secret 2006 stock transaction.

On 24 January 2009, despite his hundreds if not thousands of pledges and promises of total transparency in his regime, Obama held a secret closed-door meeting with his economic advisors as anger over his $1 trillion “economic stimulus” spending scheme, refusing to allow the media and American people access to what was discussed.

On 26 January 2009, Rep. John Boehner revealed that Obama and his Obamanistas in the Congress had added language in the Democrats’ stimulus bill that would allow Obama’s infamous voter fraud organization, ACORN, to receive billions of dollars in federal funding under the farcical guise of “neighborhood stabilization activities.”

On 26 January 2009, U.S. ambassador to the U.N., Susan Rice, stated that the Obama regime seeks direct negotiations with the terrorist regime of Iran.

In a shocking insult to our military’s heroes, on 20 January 2009, Barack Obama became the first president in 56 years–since its inception–to skip the Salute to Heroes Inaugural Ball, which is held in honor of Medal of Honor recipients, Purple Heart recipients, paralyzed veterans and other military heroes. Obama did, however, find time to attend the Neighborhood Ball, which was filled with Hollywood’s ultra elite.

On 26 January 2009, with hat in hand and apologizing for the United States, Obama gave his first formal television interview as president not to an American network, but Al-Arabiya, saying America must stop “dictating,” a move and statement that was immediately seen by extremist Muslims as a sign of sure weakness and fear.

James B. Steinberg, whom Obama nominated to be deputy secretary of state, told the Foreign Relations Committee in writing that Americans have a free speech right guaranteed by the Constitution to taxpayer funded abortions.

On 26 January 2009, Timothy Geithner was sworn in as Obama’s secretary of the treasury despite having serious tax problems and having had an illegal alien housekeeper.

On 27 January 2009, Obama, for some reason confused, attempted to walk through a window to get back into the White House rather than using a door. There were no calls from liberals to have him take a urinalysis to determine why he did this.

The Obamanistas added $325,000,000 to the economic stimulus bill for a program to teach Americans how not to get the clap and other STDs. More additions:

$2 billion earmark to re-start FutureGen, a near-zerovemissions coal power plant in Illinois that the Dept. of Energy defunded last year because the project was inefficient

A $246 million tax break for Hollywood movie producers to buy motion picture film

$650 million for the digital television (DTV) converter box coupon program

$88 million for the Coast Guard to design a new polar icebreaker (arctic ship)

$448 million for constructing the Dept. of Homeland Security headquarters

$248 million for furniture at the new Dept. of Homeland Security headquarters

$600 million to buy hybrid vehicles for federal employees

$400 million for the CDC to screen and prevent STD’s

$1.4 billion for a rural waste disposal programs

$125 million for the Washington, D.C. sewer system

$150 million for Smithsonian museum facilities

$1 billion for the 2010 Census, which has a projected cost overrun of $3 billion

$75 million for “smoking cessation activities”

$200 million for public computer centers at community colleges

$75 million for salaries of employees at the FBI

$25 million for tribal alcohol and substance abuse reduction

$500 million for flood reduction projects on the Mississippi River

$10 million to inspect canals in urban areas

$6 billion to turn federal buildings into “green” buildings

$500 million for state and local fire stations

$650 million for wildland fire management on Forest Service lands

$150 million for Smithsonian museum facilities

$1.2 billion for “youth activities,” including youth summer job programs

$88 million for renovating the headquarters of the Public Health Service

$412 million for CDC buildings and property

$500 million for building and repairing NIH facilities in Bethesda, MD

$160 million for “paid volunteers” at the Corporation for National and Community Service

$5.5 million for “energy efficiency initiatives” at the VA “National Cemetery Administration”

$850 million for Amtrak

$100 million for reducing the hazard of lead-based paint

$75M to construct a new “security training” facility for State Dept Security officers when they can be trained at existing facilities of other agencies.

$110 million to the Farm Service Agency to upgrade computer systems

$200 million in funding for the lease of alternative energy vehicles for use on military installations.

Obama’s economic stimulus bill includes his plan to force all American to have their entire health care history recorded in a government electronic database that privacy experts say could result in your most private medical issues being shared and viewed by no-one-knows who.

After the House passed what conservative watchdog Michelle Malkin calls the Generational Theft Act of 2009 worth $1 trillion + in debt to the American people and loaded with leftist pork like $335,000,000 for training Americans how not to catch the clap, Obama, who promised to lead a “new era of responsibility,” served up $100/ounce wagyu steak for some pals at the White House as shocking numbers of American homeless and jobless struggled to survive.

On 19 May 2008, Obama chided Americans that it is wrong for them to keep their thermostats on 72 degrees and stated, “That’s not leadership. That’s not going to happen.” On 21 January 2009, Obama’s chief political advisor, David Axelrod, said Obama will be keeping the Oval Office thermostat so high that “You could grow orchids in there” because “He likes it warm.”

President Obama went to bat for accused USS Cole attack mastermind Abu al-Nashiri and told military judge James Pohl to postpone the terrorist’s trial. On 29 January 2009, Pohl refused the presidential order. The attack killed 17 American sailors and wounded several dozen.

On 29 January 2009, it was learned that despite his many repeated promises, Obama was stacking his regime with lobbyists, such as William Corr (finance industry) and Mark Patterson (anti-tobacco industry, despite Obama being a heavy smoker), in addition to William Lynn of the defense industry.

In January 2009, more than 1 million homes from Texas to Maine were without power after a winter storm; dozens of people died in the storm. Estimates for some areas said it could be two weeks or more before power would be restored. Obama did nothing to save lives and restore power, instead cranking up the heat in the Oval Office, according to David Axelrod, to tropical levels. No liberals complained about Obama total lack of effective and timely response to the calamity, as they did after Katrina about Bush.

On 30 January 2009, it was learned that Tom Daschle, Obama’s nominee for Secretary of Health and Human Services, is a tax cheat who owes gigantic sums of money to the IRS, and who as a senator took hundreds of thousands of dollars in “donations” from the health care industry, which he will control if approved for the post.

Despite his promise not to conduct foreign diplomatic and national security business before taking office, Barack Obama, it was learned on 1 February 2009, had his advisors from the primarily leftist pacifist group United States Institute of Peace and transition staff (including Ellen Laipson and William Perry) conducting secret, “very, very high-level” meetings in Damascus with Syrian and Iranian officials, according to Jeffrey Boutwell.

During an interview with NBC’s Matt Lauer on Superbowl Sunday 2009, Obama mocked and insulted Jessica Simpson by stating she is “losing a weight battle, apparently,” after Lauer pointed out Simpson had replaced Obama on the cover of Us magazine. He also stated to Lauer that “People think I’m cool.”

Shortly after taking power, Obama appointed Carol Browner to be his regime’s energy and environment czar. He didn’t tell us that she is a Marxist and a member of the Socialist International Commission for a Sustainable World Society, according to that organization’s own website.

Nancy Killefer, nominated by Obama to be his regime’s chief performance officer, withdrew her name from nomination on 3 February 2009 after it was learned she owed huge sums to the IRS.

On 3 February 2009, Tom Daschle, nominated by Obama to be his regime’s secretary of health and human services, withdrew his name from nomination after it was learened he owed approximately $155,000 in back taxes that were only recently paid back after he was nominated.

On 4 February 2009, in a shocking break with the time-honored tradition of “generals serve at the pleasure of the president,” retired Marine Gen. Anthony Zinni said he was now refusing to accept and position in the Obama regime.

On 4 February 2009, Gallup reported that Obama’s favorable poll ratings, even before “Terrible Tuesday,” had plummeted a shocking 14%.

On 4 February 2009, it was learned that Obama’s Labor Secretary nominee, Hilda Solis, had lobbied for herself as a member of Congress, a clear violation of House ethics rules, and she is a pro-union activist, another ethics debacle that forced her nomination to be placed on hold.

On 4 February 2009, despits his voiciferous complaints about McCain’s politics of fear and despair, Obama stated that if his $1.2 trillion “stimulus” bill wasn’t passed, a “catastrophe” would befall America, many more millions would lose their jobs, and life as we know it in America would end.

On 4 February 2009, news reports told of Obama’s CIA head nominee, Leon Panetta, having taken many tens of thousands in “honorariums” from financial institutions that have taken bailout funds.

5 February 2009: On Obama’s orders, military judge Susan J. Crawford dropped all charges against USS Cole bombing mastermind Abd al-Rahim al-Nashiri, who led the operation that nearly sank the Cole, wounded dozens of sailors, and killed 17 sailors in Aden Harbor, Yemen, in October 2000.

On 5 February 2009, Obama ordered the pilot of Air Force One to fly him a mere 37 minutes to a retreat in Virginia to hobnob with his fellow Democrats. He refused to take Marine One or the presidential limo to save fuel and money and reduce air pollution, which he says causes global warming.

On 5 February 2009, Obama CIA chief nominee retracted his earlier lie about the Bush administration transfering prisoners to other facilities to be tortured. He totally recanted and said there was no validity to his statement.

SOURCE

Tags:Change, Economics, Eric Holder, Gunny Bob, News, Obama, political science, Politics, scandle
Posted in Editorial, Opinion, Education, Gun Control, Immigration, Law, News, Politics, Wordpress Political Blogs | 4 Comments »

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Dave Kopel’s Second Amendment Newsletter

Table of Contents

New by Kopel

Legal Brief

Amicus brief in Chicago and Oak Park Handgun Ban Cases

Law Review Articles

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

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

Magazine Articles and Short Essays

Gun Control

BEWARE THE RAHM

STRIKE TWO!

The Sword & the Tome

SHOT Show Report

Kmiec v. Kmiec regarding Heller

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

New Podcast Series

Attorney General Eric Holder

Hillary Clinton

Ongoing Dave Updates

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NRANews.Com

International

Nepal

All Nepalese should carry weapons, says Maoist Minister

Pakistan

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

Uruguay

Discussing an Agenda for Gun Control

The Anti-Rights Movement

Urban Policy

Gun Violence in America: Proposals for the Obama Administration

5 Activists Arrested at Gun Shop Protest

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

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

The New Second Amendment: A Bark Worse than Its Right

Post-SHOT Recovery

The Pro-Rights Movement

Firearms Retailer Defense Fund Launched

FRDF: Firearms Retailer Defense Fund, LLC.

Halbrook to Testify in Hearings on Eric Holder for Attorney General

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

Outdoor Sports

Ark. Lawmaker Seeks Amendment to Protect Hunting

PETA wants to Rename Fish “sea kittens”

Proposed Rule Clarifies Hunting Rule Changes at National Wildlife Refuges

States and Failed States

Colorado

Brophy bill to Protect Homeowners Killed in Committee

Committee Dems Refuse to ‘Make My Day Better’

District of Columbia

Marine Amputee Acquitted On Gun Possession Charges

New Jersey

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

New York

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

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

My Time in a NYC Jail

NYC Jailhouse Blues