Posts Tagged ‘Second Amendment’

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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

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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]
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Dave Kopel’s Second Amendment Newsletter

February 10, 2009
Dave Kopel’s Second Amendment Project is based at the Independence Institute,
a free-market think tank in Golden, Colorado.
http://www.independenceinstitute.org

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

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

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

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

Table of Contents

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

New by Kopel

Legal Brief

Amicus brief in Chicago and Oak Park Handgun Ban Cases

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

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

Law Review Articles

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

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

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

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

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

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

Magazine Articles and Short Essays

Gun Control

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

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

BEWARE THE RAHM

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

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

STRIKE TWO!

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

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

The Sword & the Tome

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

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

SHOT Show Report

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

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

Kmiec v. Kmiec regarding Heller

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

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

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

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

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

New Podcast Series

Attorney General Eric Holder

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

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

Hillary Clinton

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

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

Ongoing Dave Updates

Twitter/davekopel

Dave Kopel
Twitter.com

https://twitter.com/davekopel

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

Online Video

Gun Free Zones

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

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

NRANews.Com

Informational Web Site
The National Rifle Association

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

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

International

Nepal

All Nepalese should carry weapons, says Maoist Minister

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

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

Pakistan

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

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

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

Uruguay

Discussing an Agenda for Gun Control

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

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

The Anti-Rights Movement

Urban Policy

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

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

Gun Violence in America: Proposals for the Obama Administration

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

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

5 Activists Arrested at Gun Shop Protest

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

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

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

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

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

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

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

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

The New Second Amendment: A Bark Worse than Its Right

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

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

Post-SHOT Recovery

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

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

The Pro-Rights Movement

Firearms Retailer Defense Fund Launched

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

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

FRDF: Firearms Retailer Defense Fund, LLC.

Informational Web Page

http://www.frdf.org/

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

Halbrook to Testify in Hearings on Eric Holder for Attorney General

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

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

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

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

Here is the verbatim transcript of Halbrook’s testimony.

Outdoor Sports

Ark. Lawmaker Seeks Amendment to Protect Hunting

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

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

PETA wants to Rename Fish “sea kittens”

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

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

Proposed Rule Clarifies Hunting Rule Changes at National Wildlife Refuges

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

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

States and Failed States

Colorado

Brophy bill to Protect Homeowners Killed in Committee

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

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

Committee Dems Refuse to ‘Make My Day Better’

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

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

District of Columbia

Marine Amputee Acquitted On Gun Possession Charges

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

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

New Jersey

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

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

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

New York

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

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

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

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

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

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

My Time in a NYC Jail

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

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

NYC Jailhouse Blues

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

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

Law

Federal Courts

CHAMBERS v. UNITED STATES

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

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

Oral Argument on the Nordyke Ninth Circuit Court of Appeals case

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

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

Federal Act Does Not Pre-empt Oklahoma Gun Law

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

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

Housing Authority Settles Gun Lawsuit

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

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

Settlement Agreement in Doe v. San Francisco Housing Authority

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

Here is the actual agreement in facsimile.

New National Parks Rule Allowing Loaded Guns Challenged by Lawsuit

Michael Sangiacomo
The Cleveland Plain Dealer
January 7, 2009

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

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

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

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

United States of America vs. Jason Arzberger

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

Here is the actual decision.

State Law and Cases

Interesting Georgia Case

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

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

In Re Haney

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

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

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

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

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

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

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

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

Research

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

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

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

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

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

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

Imagining Gun Control in America: Understanding the Remainder Problem

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

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

The Second Amendment, Heller, and Originalist Jurisprudence

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

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

Gun Policy Debate Podcast

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

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

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

Al Qaeda delenda est!

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Can’t ban guns? Okay, just ban the ammunition!

January 30, 2009

My usual Friday project for this week was going to be addressing the latest control scheme by those that don’t have anything better to do than infringe upon the rights of others. However, someone beat me to it, and in a much better manner than my poor writing skills allow for.

Read it here

Be sure to also read the comments!

So, what can I add to the discussion? Not a heck of a lot, but I can drop a few ideas!

  • Small business plans are fairly simple to write. This ban could make more people more money than Nigerian Internet scams!
  • Making otherwise law abiding people into criminals will have them going into the underground economy and learning from the professionals that already operate there. Like drug dealers and manufacturers. So, from simple ammunition manufacturing ( like marijuana) one can easily get to the next (transition) step up the criminal ladder. Illegal weapons, such as crew served weapons, RPG’s and so on. (Like cocaine and heroin.)
  • The immense profits will lead to territorial conflicts. An entire new version of gang warfare and violence will lead to a new war. A war on guns/ammo that will make the war on drugs look like a 1960’s love in. Think about the product being sold. Drugs most often kill as a secondary effect, while an RPG kills through primary effect.
  • As the violence rises, so will the profits as more and more people seek the ability to properly and effectively defend themselves and families. The market then starts all over again, and the business plan adjusts to the new cycle as new recruits join the ranks of the criminal world.
  • Government will respond with increased enforcement, and more people will get killed, sometimes based upon incorrect information. Or simply because of the nature of this new class of law breaking.

The path to hell is paved with bricks made from good intentions. Making decent people that simply want to exercise their natural right to defend oneself and family into criminals is in and of itself criminal. Those that seek to pass such laws are the true criminals and should be resisted by any and all that are capable of thinking rationally and logically.

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Montana leads the way!

January 22, 2009

Hat tip to The Liberty Sphere!

The federal government has for years had the idea that it is in fact omniscient. Built in safeguards from the Bill of Rights are largely ignored and from were I sit things do not appear to be changing at all. However, Montana is taking the bull by the horns and challenging the Federal choke hold that the states have been enduring for more years than I care to remember.

2009 Montana Legislature

Additional Bill Links PDF (with line numbers)

HOUSE BILL NO. 246

INTRODUCED BY J. BONIEK

A BILL FOR AN ACT ENTITLED: “AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; PROVIDING FOR THE DUTIES OF THE ATTORNEY GENERAL; AND PROVIDING AN APPLICABILITY DATE.”

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1.  Short title. [Sections 1 through 7] may be cited as the “Montana Firearms Freedom Act”.

NEW SECTION. Section 2.  Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 7] is the following:

(1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.

(4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

NEW SECTION. Section 3.  Definitions. As used in [sections 1 through 7], the following definitions apply:

(1) “Borders of Montana” means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution.

(2) “Firearms accessories” means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

(3) “Generic and insignificant parts” includes but is not limited to springs, screws, nuts, and pins.

(4) “Manufactured” means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

NEW SECTION. Section 4.  Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana.

NEW SECTION. Section 5.  Exceptions. [Section 4] does not apply to:

(1) a firearm that cannot be carried and used by one person;

(2) a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;

(3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

(4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

NEW SECTION. Section 6.  Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 7] must have the words “Made in Montana” clearly stamped on a central metallic part, such as the receiver or frame.

NEW SECTION. Section 7.  Duties of the attorney general. (1) A Montana citizen whom the government of the United States attempts to prosecute, under the congressional power to regulate interstate commerce, for violation of a federal law concerning the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition manufactured and retained within Montana must be defended in full by the Montana attorney general.

(2) Upon written notification to the Montana attorney general by a Montana citizen of intent to manufacture a firearm, a firearm accessory, or ammunition to which [sections 1 through 7] apply, the attorney general shall seek a declaratory judgment from the federal district court for the district of Montana that [sections 1 through 7] are consistent with the United States constitution.

NEW SECTION. Section 8.  Codification instruction. [Sections 1 through 7] are intended to be codified as an integral part of Title 30, and the provisions of Title 30 apply to [sections 1 through 7].

NEW SECTION. Section 9.  Applicability. [This act] applies to firearms, firearms accessories, and ammunition that are manufactured, as defined in [section 3], and retained in Montana after October 1, 2009.

– END –

source

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Obama’s message of ‘change’ may include gun rights

December 14, 2008

The Obamanites, and “change? We shall see…

Obama’s message of ‘change’ may include gun rights
 By Forrest Fisher

The regular New York State big game firearm season ended last Sunday (Dec. 7) and the next day, the short nine-day late archery and regular muzzleloader seasons started so there is still time for hunters to take a whitetail. Every deer is a trophy, regardless of size.

There is nothing quite like the incredible challenge and joy of hunting deer in the woods to develop new savvy and skills. Sportsmen readily express moments of treasure during the Western New York deer hunting adventure of the last three short weeks. Hunting time is priceless and hard to come by for many sportsmen, especially with the holiday season upon us. Plus, recent studies show that 42 percent of Americans work longer hours now than just five years ago and many of the working class spend more than 50 hours a week at their job. So, for all of these folks, hunting season brings more than simple relief.

However, our rights to enjoy the outdoor hunting experience may be changing, friends. With the final coat of post-season gun oil on all metal parts and firearms returned to secured safe places and storage cabinets, there appears to be clamoring discussion in many corners of these United States about the very freedoms of the season in change. Hunting with a firearm of our choice may be about to take new meaning.

Wayne LaPierre and the National Rifle Association have provided early warning information. NRA is tabulating the opening appointments from new president elect, Barack Obama, and the effects it may have on American hunting traditions as we know them. LaPierre figures as Obama selects key personnel for premium cabinet posts, he sends a message about his policy as upcoming president. According to the NRA study, it goes like this.

Obama first appointed to the White House chief of staff Illinois Congressman Rahm Emanuel who has been known as the “point man on gun control.” According to LaPierre’s message, “He will wield enormous power in the battle for the future of our firearm freedoms.” Not good if you have grown up in the tradition of safe firearm use allowed by the Second Amendment to the United States Constitution.

Then, of course, Hillary Clinton was selected as Obama’s secretary of State. If she is confirmed, word inside the NRA is that she will try to remove the second amendment right because as the nation’s top diplomat, she would have the power to determine whether the United Nations will pass (and Obama will sign) that global gun ban treaty that it has wanted for some time now.

Obama also nominated ex-Senator and former Majority Leader Tom Daschle, known as a confirmed adversary of the NRA, to be secretary of Health and Human Services. If Daschle is confirmed by Congress, which is now overwhelmingly controlled by the democratic party, he could also hold ultimate power to declare guns a “public health menace” and regulate away essential American firearm liberties long taken for granted, especially by sportsmen too lazy to write a letter, make a phone call or express their position.

Then, Obama is nominating Eric Holder to be attorney general. As former assistant attorney general, Holder was a key architect and vocal advocate for the sweeping gun ban agenda of the Brady campaign and the Clinton era. He was the power-drive behind national handgun licensing, mandatory trigger locks that make home defense difficult and ending gun shows. More recently, Holder opposed the Supreme Court’s Heller decision in the District of Columbia that, of course, declared the second amendment an individual right.

According to the NRA, there is a chilling notice to job applicant gun owners that they are not welcome to serve in his administration. The NRA states, “In case you trusted what Obama said about maintaining your second amendment rights during his presidential campaign, in the job application for the Obama Administration, he made it clear that gun owners are not his campaign cabinet choice and essentially told 80 million gun owners not to even bother applying for a job.”

Also according to the NRA, “If all of that wasn’t bad enough, the Brady Campaign just issued a completely bogus poll claiming that two-thirds of Americans, including 60 percent of all gun owners, favor gun registration, licensing of firearm owners and other sweeping restrictions on our firearm freedoms!” Where does the Brady group get this stuff? Skewed data reporting defies common sense since the data tells a different story. Interpretation of data is a science, but use of statistical terms is more a mystical science that can mislead readers.

What can sportsmen do? I don’t agree with everything that the NRA supports, but their objective is to preserve the second amendment. In this light, they represent the most viable voice for firearm rights. So, joining the NRA should be an option. Also in response, Americans have increased their firearm purchase rate by 300 percent following the election.

Sportsmen should prepare to adapt to a new environment of firearm change with hunting and target shooting freedoms requiring a bit more energy to be sustained. There is a new and unsure season ahead for sportsmen. Some sportsmen could seemingly care less to understand firearm ownership and second amendment issues. Learn more about your rights. Advance and be recognized!

Hunting season each year reminds us that the second amendment stands for more than simple words in our constitution. While time has shown that our forefathers exhibited uncanny wisdom in developing the winning road map in the United States, Obama is sending a message that we have entered a time of ‘change.’ Second amendment change? Only time will tell.

SOURCE

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Mumbai… Some people just never learn

December 3, 2008

Gun control simply turns areas into free fire zones; as has been noted on this blog since the beginning some two and a half years ago. I personally called them that ( places where guns are not allowed) years before John Lott, or anyone else made the phrase famous. I did that in letters to the editor, at public gatherings, and before State Senators and Representatives in the Colorado House. All to no avail. What was my degree of success? I can sum it up in one word; Columbine.

Mumbai India, heck, India in general is yet another place where this has been made so painfully obvious. As noted by another blogger in another part of the world, refusing to allow for effective defense only results in blood baths.

I have a question. When will Al Qaeda or another group filled with blood lust strike a place here in the United States in the manner that the terrorist did in India? I have a hint for their planning department. Choose a place like New York City or San Fransisco where the citizens are not allowed to properly and effectively defend themselves and their loved ones. Mayor Blooberg’s office should be avoided though. Seems that the Honorable Mayor has more than enough armed help on and around the premises. He is entitled to that, after all, his blood is more precious than that of a black baby in Harlem’s is. Perhaps the offices of The New York Post. They have been telling New Yorkers that they are to stupid to be allowed to own firearms for years. They prefer for rapist’s and others of that ilk to be armed rather than some young mother that actually has a need to be armed.


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Gun sales thriving in uncertain times

October 27, 2008

Well you knew it had to happen sooner or later. Someone in the mainstream media actually hit the “X” with a story about the American people, the economy, the election, and gun rights. This story is not from the NRA, the GOA, or anyone even remotely connected with them.

Americans have cut back on buying cars, furniture and clothes in a tough economy, but there’s one consumer item that’s still enjoying healthy sales: guns. Purchases of firearms and ammunition have risen 8 to 10 percent this year, according to state and federal data.

No kidding? I wonder why?

Several variables drive sales, but many dealers, buyers and experts attribute the increase in part to concerns about the economy and fears that if Sen. Barack Obama of Illinois wins the presidency, he will join with fellow Democrats in Congress to enact new gun controls. Obama has said that he believes in an individual right to bear arms but that he also supports “common-sense safety measures.”

Have they recently cleaned off those rose tinted spectacles and really taken a look at who is running for President perhaps?

Industry experts and law enforcement officials point to several examples over the years. In 1994, there was a rush to buy guns when President Bill Clinton pushed for a ban on military-style semiautomatic rifles. Handgun sales jumped last year after the massacre at Virginia Tech as some worried about personal protection and others feared sweeping restrictions on handguns, pushing applications for concealed gun permits in Virginia alone up 60 percent. People also rushed to buy guns after the 1992 riots in Los Angeles and the breakdown of order in New Orleans after Hurricane Katrina.

This must be a misprint! he called them what they are!

Bob Leyshion, who visited a gun shop in Manassas recently, said the economic crisis and Obama’s lead in the polls were on his mind.

“People are preparing for catastrophe right now,” said Leyshion, 55, of Nokesville. “It’s insurance. With the stock market crash and people out of work, and the illegal aliens in this area, the probability of civil disorder is very high.”

This guy needs to listen, Palin might be alright, but her being selected as the V.P. candidate in no way cleans the slate with gun owners for McCain…

“The industry and sportsmen have not been in love with McCain, but the selection of Palin wiped that all away,” said Anthony Aeschliman, a spokesman for the National Shooting Sports Foundation.

Pandering is much to light a statement!

Brad, 42, and Margaret Marcus, 47, who were at a Fairfax County shooting range recently with their two children for weekly target practice, said they sped up the purchase of two semiautomatic rifles that had been banned during the Clinton administration because they feared they could become illegal again if Obama wins. The couple, who run an online retailing business from their Ashburn home, said they viewed Obama’s remarks about protecting the Second Amendment as campaign trail “pandering.”

I must admit that this writer had to show some serious chutzpa too actually say in a published story what the people in America really are thinking. Him, as well as his Editor and the Publisher might want to be sure that their last Will and Testament are up to date though.

Full Story Here

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These two agree? Tell me it isn’t so!

October 20, 2008

I opened up my hotmail account today, and sure enough the NRA newsletter was there as I expected it to be. Can you imagine the shock that sent shivers through my entire body though when I learned that two daimetricly, well almost, (the NRA isn’t Gun Owners of America after all) groups actually agreed on one thing..?

In a rare occurrence, NRA and the Brady Campaign (formerly Handgun Control, Incorporated) agree on something.

Four years ago, the Brady Campaign endorsed an anti-gun senator by the name of John Kerry for President, and NRA thought that decision made sense—for an anti-gun group.

This week, in a testament to his anti-gun record, Barack Obama also received a presidential endorsement from the Brady Campaign.

So, once again, the Brady Campaign and NRA are in total agreement—Barack Obama is, by far, the most anti-gun presidential nominee in history and he certainly deserves the endorsement of one of the most outspoken anti-gun organizations in the country.

source

The above schizophrenia did not last long though, thank God. What followed is more alligned to the form that I am used too! Same source as above…

On Gun Rights: Obama=Radical:

Refused to sign the brief supporting an individual Second Amendment right in the Heller case.
Against Right-to-Carry. (Pittsburgh Tribune-Review, 4/2/08; Chicago Tribune, 9/15/04)
Director, Joyce Foundation—one of the most anti-gun foundations in America. (Politico)
“I think it’s a scandal that this president [Bush] did not authorize a renewal of the assault weapons ban.” (Illinois Senate Debate #3: Barack Obama vs. Alan Keyes, 10/21/04)
“Clinging” to guns—how Obama described “bitter” gun owners at a San Francisco fundraiser.
Ammunition ban supporter. Obama voted to ban almost all rifle ammunition commonly used for hunting and sport shooting. (United States Senate, S. 397, vote 217, 7/29/05)
Limiting self-defense. Obama voted to allow the prosecution of people who us a firearm for self-defense in their homes. (Illinois Senate, S.B. 2165, vote 20, 3/25/04)

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Gun Owners of America Releases Congressional Voter Guide

October 12, 2008

— Elections will produce tremendous impact on gun owners’ rights

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

Wednesday, October 8, 2008

With the election less than one month away, Gun Owners of America is
doing its best to keep gun owners informed about who is protecting your
rights in the Congress.

Many gun owners are familiar with the differences between the candidates
at the presidential level, but how well do they know the views and actions
of those who are running at the congressional level?

On the campaign trail, almost no candidates for Congress admit to being
against gun rights, making the tasks of compiling the Gun Owners of
America congressional candidate rating both more difficult, and more
important.

GOA determines grades for candidates first based on any past voting
record. Then, all candidates receive a detailed questionnaire. But what
about those with no record and who were not open enough to return a
questionnaire that would reveal their true colors?

In past elections such candidates could be assigned grades by simply
going to a campaign website. Learning what a candidate thought about
issues like banning “assault weapons” and waiting periods for
handgun
purchases was lurking behind a button labeled “gun control.”

Not any more. For one thing, it’s virtually impossible to find a link that
says “gun control” on any campaign website. If a candidate
mentions gun
rights at all (and most don’t) it is usually in the context of
“protecting
Second Amendment rights.”

A reader will find comments such as this one, referring to the recent
Supreme Court decision striking down the gun ban in the nation’s capital:

“I agree with the Supreme Court’s interpretation last week that an
absolute prohibition against gun ownership violates the Second
Amendment right for citizens to bear arms.”

That may sound good at first blush, but a careful reading will reveal
that this statement — made by a former mayor who had considered
joining other cities in suing gun makers out of existence in 1999 — is
almost meaningless.

Facing this kind of doublespeak, it is especially important that voters
take advantage of tools like the 2008 Gun Owners of America voter
guide.

The stakes are high in this election, as they always are. The main
focus is on the presidential race. If elected, Barak Obama would be the
most anti-gun president this country has ever seen, and his
vice-presidential candidate Joe Biden is just as bad. John McCain has
been all over the map on the gun issue, but he did choose a stellar
pro-gun running mate in Sarah Palin.

While the White House may be up for grabs, liberal Democrats are in
firm control of both chambers of Congress.  With all the media
attention on the race at the top of the ticket, it is important to
remember that it is in the Congress where most of the battles over
gun rights occur.

GOA’s Voter Guide will soon be landing in mailboxes around the
nation. But you can also view an online version of this guide at:

http://www.gunowners.org/votetb08.htm

GOA hopes you will make use of this valuable tool and share it with
your family and friends. Please distribute this e-mail far and wide.
Thank you!

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

Are You A Bitter Clinger?

Who is a Bitter Clinger? According to Sen. Barack Obama, who was
recorded unawares at a San Francisco fundraiser, bitter clingers are
voters who are bitter because of their economic frustration and so cling
bitterly to their Bibles and their guns.

If you are a bitter clinger, Gun Owners of America has a T-shirt for you!

You can proudly proclaim your membership in this class of people so
looked down upon by the elites in our country.

To see the Bitter Clinger T-shirt, and for ordering information, go to:

http://www.gunowners.org/merch9066.htm

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National Park Service Gun Ban Expanding

July 23, 2008

National Park Service Gun Ban Expanding
— 600-mile Trail to be added to NPS

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

ACTION: Urge your two senators to support S. 2619 — a bill introduced by
Sen. Tom Coburn — to repeal the gun ban on National Park Service lands.
Also, please urge them to stand with Sen. Coburn against the strong-arm
tactics of Majority Leader Reid, who is trying to silence Coburn and thwart
his pro-gun agenda.

You can skip to the bottom and use the pre-written letter below to contact
your two senators right away. Or, you can first read the following alert to
better understand the battle Sen. Coburn is embroiled in and how Sen. Reid
is trying to use his position as Majority Leader to trample Coburn (and the
Second Amendment).

Wednesday, July 23, 2008

On July 10, the U.S. House of Representatives voted to designate the
Washington-Rochambeau Trail, which stretches 600 miles from Rhode Island to
Yorktown, Virginia, as a National Historic Trail. Such a designation would
place the trail under the jurisdiction of the Department of Interior and the
National Park Service, thus subjecting the Washington-Rochambeau to the
current NPS gun ban.

Carrying firearms on land controlled by the NPS is prohibited, even if the
state in which the land is located allows firearms. The only way you can
legally have a firearm anywhere on National Park land currently is by having
it unloaded and inaccessible, such as locked up in your trunk.

While the Interior Department recently (after seven years of foot-dragging)
proposed new rules to partially reverse the gun ban, they have not yet taken
effect. If and when they do go into effect, most gun owners would still not
be allowed to possess firearms on these lands because, among other problems
with the rule, open carry would remain prohibited. Congress still needs to
take action to make the gun ban repeal complete and permanent.

Before the bill passed the House, Rep. Rob Bishop (R-UT) filed an amendment
with the Rules Committee to protect the Second Amendment on the trail. His
amendment would have required that state and local laws govern firearms
possession and carrying on the trail. The Rules Committee changed that
language and made it apply only to hunting.

Rep. Bishop denounced the Committee during debate on the measure, pointing
out that the committee “did not defend all of the Second
Amendment, only the
so-called hunting rights, which is not, not the purpose of the Second
Amendment.”

Rep. Bishop made a motion to send the bill back to committee with
instructions to restore the pro-gun language. His motion narrowly failed,
211-202.

The bill (H.R. 1286) now heads to the Senate where the situation is much
more complex. Dr. Tom Coburn (R-OK) has been a leader on repealing the NPS
gun ban. Sen. Coburn previously introduced a bill (S. 2619) to rescind the
ban, but it remains bottled up by senate leadership. Earlier this year,
Sen. Coburn entered into a so-called unanimous consent agreement with Senate
Majority Leader Harry Reid to get a vote on his repeal language, but Sen.
Reid reneged on his promise and blocked the vote.

Sen. Coburn remains committed to forcing a vote on killing the NPS gun ban,
and Sen. Reid seems equally committed to blocking that vote. Reid’s most
recent maneuver to silence Coburn is to introduce (as one measure) a package
of bills that Coburn has held up on constitutional grounds. Rolling many
bills into one, loaded with pork and pet projects to dole out to a variety
of senators, is a transparent attempt to erode the widespread support Sen.
Coburn has among his colleagues.

If Reid is successful in passing so many bills at one time without debate,
the ability of individual senators to force deliberate consideration and
roll call votes on important legislation will be threatened.

The reason each state has two senators is stop large population centers
(such as an unholy alliance of NYC, Chicago and Los Angeles) from dictating
their will upon the rest of the country. Historically, the rules of the
Senate have always allowed any individual senator to keep the full body from
acting in an unconstitutional manner.

If other senators allow Reid to act as the dictator of the senate, Coburn’s
ability to stop the expansion of the NPS gun ban will be severely
threatened.

Unless Sen. Coburn’s effort is successful in repealing the gun ban, the 600
mile Washington-Rochambeau — which encompasses parts of major thoroughfares
such as I-95 — will become yet another Second Amendment infringement zone
effecting hundreds of thousands of gun owners up and down the East Coast.

CONTACT INFORMATION: You can visit the Gun Owners Legislative Action Center
at http://www.gunowners.org/activism.htm to send your Senators the
pre-written e-mail message below. And, you can call your Senators at
202-224-3121 or toll-free at 1-877-762-8762.

—– Pre-written letter —–

Dear Senator,

Senator Tom Coburn is leading the fight against the National Park Service
gun ban.

While the Interior Department recently (after seven years of foot-dragging)
proposed new rules to partially reverse the gun ban, they have not yet taken
effect. If and when they do go into effect, most gun owners would still not
be allowed to possess firearms on these lands because, among other problems
with the rule, open carry would remain prohibited.

Senator Coburn is the sponsor of a bill, S. 2619, to make the gun ban repeal
complete and permanent. I urge you to become a cosponsor of this
legislation.

In addition, Senate Majority Leader Harry Reid has used unprecedented
procedural maneuvers to silence Dr. Coburn and to keep this bill or a
similar amendment from coming to the floor of the Senate. Please stand with
Sen. Coburn against the strong-arm tactics of Sen. Reid and support the
repeal of the NPS gun ban.

Sincerely,

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

Olofson Relief Fund

David Olofson has been subjected to a gross miscarriage of justice.
What happened to Olofson could happen to any American who owns a
semi-automatic firearm.

He was convicted of knowingly transferring an unregistered machine gun
— a standard semi-auto rifle which fired two three-round bursts and
then jammed. Gun owners call that a malfunction. The federal government
calls it an easy way to get a felony conviction. Olofson was sentenced
to 30 months in federal prison.

David Olofson is an information technology professional with a wife,
three children and a mortgage. Until his conviction, he was also in the
National Guard.

The Olofson Relief Fund has been set up to allow concerned Americans to
help the Olfoson’s make their mortgage and (their one) car payments
while Dave is unable to work.

If you decide to contribute to the Olofson Relief Fund, your credit
card will be charged monthly for the amount you have indicated. This
will continue until Olofson is out of prison — or you notify us to
discontinue the charges.

Gun Owners of America is acting as the agent for the fund. All moneys
collected will be transferred regularly to the mortgage and car loan
holders.

To make a monthly contribution, go to:
http://www.gunowners.org/olofson.htm

To read about this case in greater detail, see:
http://www.gunowners.org/op0850.htm

That recall was pretty well publicized. If anyone has a copy of it in an old magazine please contact Gun Owners of America. Similar things have happened over the years with 1911 model pistols when the sear became worn, as well as Marlin Rifles and just about every semi-Auto that has ever been produced.

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Posted in Editorial, Opinion, Education, Gun Control, Local Politics Colorado, News, Politics, Uncategorized, Wordpress Political Blogs | Comments Off on National Park Service Gun Ban Expanding

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