comments in () by him as well
http://www.spw-duf.info
Supremes to Hear McDonald v. Chicago: The Supreme Court on Wednesday
said it will decide whether the right to own guns for self-defense,
announced by the court last year when it struck down the District of
Columbia's ban on handguns, also covers states and other cities with
gun-control laws. The landmark decision in Heller v. District of
Columbia did not address the question of whether the Second Amendment
extends beyond the federal government and federal enclaves like the
District. The case the court accepted Wednesday concerns the city of
Chicago, which bans most handguns… Alan Gura, the Alexandria lawyer
who successfully challenged the District's law, sued the city of
Chicago, which has a handgun ban virtually identical to Washington's,
plus other restrictions. Ruling in that case, the U.S. Court of
Appeals for the 7th Circuit said only the Supreme Court can decide
whether the Second Amendment applies. That was the same position a
panel of the U.S. Court of Appeals for the 2nd Circuit took in a
Second Amendment challenge to a New York state law. The panel included
Sonia Sotomayor, who will now apparently be able to decide the issue
as the Supreme Court's newest justice… (Actually, the case was
District of Columbia v. Heller. Parker, Heller, et al. had already won
at the Court of Appeals and DC decided to gamble on an appeal to the
Supremes.)
http://www.washingtonpost.com/wp-dyn/content/article/2009/09/30/AR2009093001723.html?hpid=topnews
…The court said it will review a lower court ruling that upheld a
handgun ban in Chicago. Gun rights supporters challenged gun laws in
Chicago and some suburbs immediately following the high court's
decision in June 2008 that struck down a handgun ban in the District
of Columbia, a federal enclave. The new case tests whether last year's
ruling applies as well to local and state laws. The 7th U.S. Circuit
Court of Appeals upheld ordinances barring the ownership of handguns
in most cases in Chicago and suburban Oak Park, Ill. Judge Frank
Easterbrook, an appointee of President Ronald Reagan, said that "the
Constitution establishes a federal republic where local differences
are to be cherished as elements of liberty rather than extirpated in
order to produce a single, nationally applicable rule. Federalism is
an older and more deeply rooted tradition than is a right to carry any
particular kind of weapon," Easterbrook wrote. Evaluating arguments
over the extension of the Second Amendment is a job "for the justices
rather than a court of appeals," he said. (Since English legal
philosophers have long recognized that self-defense is Nature's first
law, Easterbrook's assignment of historical priority to federalism
sounds a bit suspect.)
http://www.washingtontimes.com/news/2009/sep/30/high-court-look-local-gun-control-laws/
…Since the 1st Amendment begins with the words, "Congress shall make
no law respecting" such matters as an "establishment of religion" or
"abridging the freedom of speech," it was understood originally to
limit only Congress and the national government. The same was true of
the other parts of Bill of Rights. After the Civil War, the 14th
Amendment was added to the Constitution, and it says a state may not
"abridge the privileges and immunities" of citizens nor deprive any
person of "liberty . . . without due process of law." In the mid-20th
century, the Supreme Court decided, in a step-by-process, that such
fundamental rights as the freedom of speech, the free exercise of
religion and the freedom from "unreasonable searches" are part of the
"liberty" protected by 14th Amendment. These rulings permit
constitutional challenges to state and local laws… Lawyers for Chicago
had urged the court to reject the appeal. They said that easily
concealed handguns pose a special danger in cities. "Homicides are
most often committed with guns, especially handguns," they said,
citing a Justice Department study. The city also said that while
nearly all handguns are illegal, residents are permitted to have
rifles or shotguns at home for self-defense…
http://www.latimes.com/news/nationworld/nation/la-na-supreme-court-guns1-2009oct01,0,5955852.story
From SAF: The U.S. Supreme Court announced today that it will hear the
case of McDonald v. City of Chicago, and decide whether the right to
keep and bear arms secured by the Second Amendment protects Americans
from overreaching state and local governments. At issue is a
27-year-old Chicago law banning handguns, requiring the annual
taxation of firearms, and otherwise interfering with the right of
law-abiding individuals to keep guns at home for self-defense. The
case was brought on behalf of four Chicago residents, the Second
Amendment Foundation, and the Illinois State Rifle Association. Last
year, in the landmark case of District of Columbia v. Heller, the
Supreme Court held that the Second Amendment guarantees an individual
right to keep and bear arms. However, as that case concerned the
actions of the District of Columbia government, a federal entity, the
high court was not called upon to decide whether the right bound
states and local governments. Over the years, almost the entire Bill
of Rights has been held to apply to state and local governments by
operation of the Fourteenth Amendment…
http://saf.org/viewpr-new.asp?id=304
---
Questionable Study: In a first-of-its-kind study, epidemiologists at
the University of Pennsylvania School of Medicine found that, on
average, guns did not protect those who possessed them from being shot
in an assault. The study estimated that people with a gun were 4.5
times more likely to be shot in an assault than those not possessing a
gun. The study was released online this month in the American Journal
of Public Health, in advance of print publication in November 2009…
What Penn researchers found was alarming - almost five Philadelphians
were shot every day over the course of the study and about 1 of these
5 people died. The research team concluded that, although successful
defensive gun uses are possible and do occur each year, the chances of
success are low. People should rethink their possession of guns or, at
least, understand that regular possession necessitates careful safety
countermeasures, write the authors. Suggestions to the contrary,
especially for urban residents who may see gun possession as a defense
against a dangerous environment should be discussed and thoughtfully
reconsidered… (The chances of success are certainly lower if you
settle for all the training that comes in the box with the gun but the
numerous self-defense incidents shared via these mailings certainly
make one suspect the objectivity of this "study," published in a
journal with a known hostility to the RKBA.)
http://www.earthtimes.org/articles/show/penn-study-asks-protection-or,979178.shtml
---
Kansas Couple Offer Training: Slightly built with gray hair and kind
eyes, Kay Curtis makes candy and stained glass, and has a genteel
politeness rarely seen outside old movies. The Lenexa grandmother
makes her living with guns and self-defense training. She wants women
to have power. So does her husband, Bob, a soft-spoken soul who has
spent much of his life as a Presbyterian minister. Today Bob and Kay,
a former lawyer, are a pistol-packing pair with a federal firearms
license who make and sell their own ammo, train people how to drop a
bad guy at 30 feet, and teach women how to fight. Through Equalizer
Defense Instruction & Training, a company they run from their home,
the Curtises teach state-mandated concealed-carry classes for Missouri
and Kansas residents, shooting skills and two kinds of women's
self-defense courses…
http://www.kansascity.com/637/story/1477011.html
---
New Mexico City Settles Open-Carry Suit: The city of Alamogordo
settled a civil case Wednesday with Matthew A. St. John for $21,000
over a violation of St. John's Fourth Amendment right "against
unreasonable searches and seizures," according to federal court
records. St. John, 27, also had filed a claim for false arrest and
battery, but the U.S. District Court for the District of New Mexico in
Las Cruces denied it. The settlement came after U.S. District Court
Judge Bruce D. Black issued his opinion and order on Sept. 8. St.
John's attorney, Miguel Garcia, said under the terms of the
settlement, the parties agree that "the defendants were not admitting
liability." Garcia said the settlement awards St. John damages and
covers St. John's legal fees… Black wrote in his opinion and order,
"the undisputed facts that Mr. St. John's seizure and search was
unreasonable." Black continued in his opinion that "the defendants
(officers) lacked a justifiable suspicion that St. John had committed
a crime, was committing a crime or was about to commit a crime." In
his written opinion, Black also stated "nor was there any reason to
believe a crime was afoot." He stated in his opinion that the
defendants simply received a report that an individual was carrying a
firearm in a location where individuals could lawfully carry firearms…
http://www.alamogordonews.com/ci_13441455
http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d29-Alamogordo-police-pay-21000-to-settle-open-carry-lawsuit
---
Oops, Wrong Truck: Police said one of two men who tried to steal a
pickup truck from a group of people gathered outside a Murray Hill
home was shot several times by a homeowner and his friend.
Jacksonville [FL] Sheriff's Office Lt. Larry Schmitt said when police
arrived at the 3000 block of College Street, they found a man shot
multiple times. According to the police report, Keith Loftin was
outside the home with some friends shortly after 2 a.m. when two men
asked for a ride in Loftin's truck. Loftin said one of the men pulled
a gun on them and forced Loftin into his truck. Loftin told officers
that his friend, Barry Smith, ran into the house and returned with a
gun and Loftin pulled his own gun from inside the truck. Police said
both Loftin and Smith fired at one of the men, striking him multiple
times. The man shot, identified as Jamel Mobley, 21, of St. Marys,
Ga., was taken to Shands-Jacksonville Medical Center and was in stable
condition. Police said the second man took off. Police were still
looking for him, but they have only a vague description…
http://www.news4jax.com/news/21156773/detail.html
---
Oops, Wrong House, California Version: Three suspects arrested in
Sutter County after an attempted home burglary ran into the worst of
luck - a homeowner with experience fighting off intruders. Two women
and a man, all Sacramento residents, broke into an isolated house at
about 2 p.m. Monday in the 3900 block of O'Banion Road west of Yuba
City, according to Sheriff J. Paul Parker. The owner, David Massey,
armed himself with a handgun and discovered one woman in his kitchen
while the other woman and the man fled out the back door, Parker said.
The suspects got into a Ford Explorer parked on the circular driveway
outside and drove it toward Massey, but he fired six shots toward the
vehicle just before it rolled onto its side, the 63-year-old homeowner
recalled Monday night… Massey's last encounter with suspected burglars
also ended in gunfire. On July 2, 2008, deputies arrived at his house
after he reportedly fired his handgun at a suspected burglar fleeing
in a pickup and held another alleged robber at gunpoint…
http://www.appeal-democrat.com/news/suspects-87065-sheriff-women.html
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2009m9d29-Armed-CA-homeowner-defends-himself-against-3-burglars
---
Oops, Wrong House, Kashmir Version: A teenage girl says she killed a
militant with his own gun after insurgents attacked their home in
Indian-administered Kashmir. Three militants stormed into Rukhsana
Kauser's home in a remote village in Jammu region on Monday and
started beating her parents in front of her. Ms Kauser, 18, and her
brother turned on the gunmen, killing one and injuring two more.
Police praised their courage. One of the militants wanted to marry Ms
Kauser against her will, police said. The militants escaped and are
now being sought by police who are using their blood trails as clues…
Ms Kauser said she grabbed one of the militants by the hair and banged
his head against the wall. When he fell down she hit him with an axe,
before snatching his rifle. "I fired endlessly. The militant commander
got 12 shots on his body." Her brother, Eijaz, 19, grabbed one of the
other militants' guns and also began shooting… "I had never touched a
rifle before this, let alone fired one. But I had seen heroes firing
in films on TV and I tried the same way. Somehow I gathered courage -
I fired and fought till dead tired." …
http://news.bbc.co.uk/2/hi/south_asia/8279929.stm
Rukhsana Kausar, 21, was with her parents and brother in Jammu and
Kashmir when three gunmen, believed to be Pakistani militants, forced
their way in and demanded food and beds for the night. Their house in
Shahdra Sharief, Rajouri district, is about 20 miles from the
ceasefire line between Indian and Pakistani forces. It is close to
dense forests known as hiding places for fighters from the
Lashkar-e-Taiba group, which carried out the Mumbai terrorist attack
last November. Militants often demand food and lodging in nearby
villages. When they forced their way into Miss Kausar's home, her
father Noor Mohammad refused their demands and was attacked. His
daughter was hiding under a bed when she heard him crying as the
gunmen thrashed him with sticks. According to police, she ran towards
her father's attacker and struck him with an axe. As he collapsed, she
snatched his AK47 and shot him dead. She also shot and wounded another
militant as he made his escape. Police have hailed the woman's
bravery. They said she would be nominated for the president's
gallantry award. She may also receive a £4,000 reward if, as police
believe, the dead terrorist is confirmed as Uzafa Shah, a wanted
Pakistani LeT commander who had been active in the area for the past
four years… (I don't recall Americans receiving awards and rewards for
shooting intruders who break into our homes.)
S&W Ships Walther PK380 Pistols: Smith & Wesson Corp., the legendary
157-year old firearms maker, announced that it has begun shipping the
new Walther PK380 pistol. The design of the PK380 is engineered on one
of Walther's most popular platforms, the P22. The new Walther
semi-automatic pistol delivers the power of a .380 in a lightweight,
ambidextrous firearm. Versatile, comfortable and nearly the same size
as the P22, the PK380 carries on Walther's longstanding tradition of
innovation and technical expertise… (Aside from my preference for a
more potent cartridge than the .380 ACP [9x17mm], my limited
experience with the Walther P22 would not lead me to base a serious
defensive pistol on that platform.)
http://www.ammoland.com/2009/09/29/smith-wesson-shipping-walther-pk380-pistols/
---
There's a Reason God Put Those People on an Island: When Tracy Ryan
spotted a suspected burglar emerging from the dog sanctuary where she
works, she thought she would have little problem pointing him out to
police. After all, he had a large port-wine stain on his face. But
when police set up an identity parade, they refused to take the man's
distinctive birthmark into account - in case it infringed his human
rights. An officer from the Nottinghamshire force explained that the
mark was too rare to be included in a profile of the burglar when it
was entered into a computer database. It would leave only a small pool
of potential suspects in the electronic ID parade, he said, breaking
police rules… (How much worse can it get in Britain? British subjects
are already targeted by the police when they use force against
burglars.)
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