Comments in () by Stephen Wenger
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Post-Heller Sequels Move toward the Supremes: On a pace that very
likely will put them in the Supreme Court at its next Term, three
significant test cases on the scope of the Second Amendment - the "gun
rights" Amendment - are moving along in the lower courts. Briefing on
the core question of whether state and local governments must obey the
Amendment - and thus allow private ownership of handguns, for example
- will be completed in the Seventh Circuit Court by mid-March.
Argument and a decision by summer appear likely. The three cases were
filed swiftly after the Supreme Court, late last June, declared for
the first time that the "right to keep and bear arms" is a personal,
individual right — at least to have a gun in one's own home for
self-defense (District of Columbia v. Heller, 07-290). The Justices,
however, did not then settle whether the Amendment applies to state
and local governments, as well as the federal government and the
District of Columbia…
http://www.scotusblog.com/wp/heller-sequels-move-along/
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A Libertarian Comments on HR 45 and More: …Will it turn out that we
enjoyed more liberty under Bush than we will under Obama? At least the
Republicans left us the Second Amendment. The Obama Democrats are not
going to return our other purloined civil liberties, and they are
already attacking the Second Amendment. Rep. Bobby L. Rush (D, IL) has
introduced the Blair Holt Firearm Licensing and Record of Sale Act of
2009. As the British and Australians learned, once firearms are
registered, the government knows where they are. The government's next
step is to confiscate the firearms. Moreover, the Act would permit the
government to negate Second Amendment rights by refusing to issue a
license. Any parents who bequeathed family antique or historic
firearms to heirs would be in violation of the act, as it bans any
transfer of a firearm other than via a licensed dealer…
http://www.lewrockwell.com/roberts/roberts263.html
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The New York Times Lies, Freedom Dies: The Obama administration has
chosen to defend a bad rule rushed through during former President
George W. Bush's final days in office that allows concealed, loaded
firearms in national parks and wildlife refuges. The rule is a gift to
the gun lobby… Although concealed, loaded weapons obviously have no
place in the national parks, the Justice Department brief asserts that
the rule "will not have any significant impacts on public health and
safety." We can only hope that the Justice Department's position does
not reflect a broader weakening of President Obama's stated commitment
to sensible gun control policies. Another early test of that
commitment is coming soon. It involves the so-called Tiahrt Amendment,
which is strongly supported by the gun lobby. The amendment denies
police and local governments access to essential information about
guns used to commit crimes. The question is whether Mr. Obama's
forthcoming budget blueprint will include language aiming to repeal
it… (There was an extended comment period on the NPS rule change. The
Tiahrt Amendment does not inhibit legitimate law-enforcement access to
data, it blocks cities from pooling statistical data for use in
harassment lawsuits against the firearm industry.)
http://www.nytimes.com/2009/02/20/opinion/20fri2.html
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The Beat Goes On: … "I went from being anti-gun to pro-gun," says
Becky Pomaville, a former long-time Marco resident, now living in
Naples. "Before, I didn't want to touch a gun, didn't want a gun in
the house. But the way the world has become, I thought it would be a
good idea to be protected, but I knew I needed to learn how to shoot.
I really enjoy it now and shoot at Mobile Tactics twice a week."
Pomaville is learning self-defense and has several weapons with which
she's becoming proficient. She has applied for a concealed carry
permit, as well. Christoff says that about two-thirds of his new
shooters at Mobile Tactics are women. "Women are excellent students.
Most of them have no firearms experience, which is great, because they
don't have any bad habits like some of the guys do. I don't have to
retrain them." …
http://www.naplesnews.com/news/2009/feb/20/gun-savvy-marco-island/?partner=RSS
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Wyoming Recognition Boondoggle: Due to an overwhelmingly negative
response from gun owners both in and outside Wyoming, an attempt made
earlier this week to drastically limit Wyoming's Right-to-Carry
Reciprocity statute has been suspended for the time being, once again
restoring the original Right-to-Carry Reciprocity statute. This break
will allow the NRA to review the current statute and develop a plan to
bring a bill before the Wyoming State Legislature during the next
legislative session to ensure that this never happens again to
law-abiding citizens in Wyoming…
http://www.nraila.org/Legislation/Read.aspx?ID=4445
By statute, Wyoming honors concealed carry permits from other states
that have laws similar to Wyoming's. The Wyoming Attorney General's
Office is undertaking a thorough review of the concealed carry
statutes of the 49 other states to determine which states have laws
similar to Wyoming's. Once that review is complete, this website will
feature a list of the states from which Wyoming will honor concealed
carry permits. Until then, the Division of Criminal Investigation
will honor permits from those states with which Wyoming had
reciprocity as of January 1, 2009. Accordingly, Wyoming will continue
to recognize concealed firearm permits from the following states. The
listing also encompasses those states that have indicated they honor
Wyoming permits… (The AG's website list 22 states for recognition.
Conspicuously absent is Arizona, which recognizes Wyoming's and all
other permits.)
http://attorneygeneral.state.wy.us/dci/CWP.html
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Quirk Allows DC Resident to Apply for Pennsylvania Permits: In my last
column I highlighted the draconian nature of the DC City Council's
changes to the District's gun control laws quietly passed in December,
2008 amidst all the Presidential inaugural hubbub. But here's the
silver lining – the Council's repeal of the Police Chief's
discretionary authority to issue gun carry permits makes district
residents eligible to obtain mail order handgun carry permits from
Pennsylvania. Here's why: Pennsylvania requires non-resident
applicants to possess a home state carry permit, unless the home state
or district does not issue carry permits. Only Illinois, Vermont, and
now DC refuses to issue gun carry permits. At least Vermont has a good
excuse in that no permit is required to carry a handgun in Vermont,
even concealed… (Actually, Wisconsin also lacks any provision to issue
carry permits.)
Alabama House OK's Ban on Emergency Confiscation: A bill to prevent
state or local government from seizing lawfully owned guns during
emergencies sailed through the Alabama House on Thursday and now heads
to the Senate, where it was approved last year. Rep. Mark Keahey,
D-Grove Hill, said his measure is aimed at ensuring the chaos that
comes with disasters, such as hurricanes, is not made worse by
overzealous government officials. "The Second Amendment gives us a
constitutional right to bear arms, and this bill is just an effort, on
Alabama's part, to help us maintain that right," Keahey said. The bill
was inspired by the events following Hurricane Katrina, when New
Orleans police collected more than 1,000 firearms from residents,
according to a National Rifle Association tally. Law-abiding citizens
turned over their guns, but criminals kept theirs to use against
unarmed citizens, Keahey said…
http://www.al.com/news/press-register/metro.ssf?/base/news/12351249955120.xml&coll=3
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Tennessee Bill Would Ban Microstamping: Sen. Doug Jackson, D-Dickson,
has filed legislation that would ban the sale of "microstamped"
firearms and ammunition, calling them an infringement on the Second
Amendment right to bear arms. California has passed a law mandating
microstamping of firearms, "and I predict that Tennessee will pass a
law banning it," Sen. Jackson said. Called the "Second Amendment
Protection Act," the bill would outlaw sale of firearms and ammunition
that are laser-engraved, or microstamped, to identify the buyer of the
firearm or ammunition after it has been shot… Microstamping would lead
to the establishment of a registry or database of gun-owners who are
guilty of nothing more than owning a gun, the senator noted. "A
firearm registry is a preamble to gun confiscation. And the
law-abiding American gun owner would have to pay the added costs it
would incur." …
http://www.chattanoogan.com/articles/article_145174.asp
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South Dakota Mayor Opposes Preemption Bill: A controversial gun bill
making its way through the South Dakota legislature could shoot holes
in policies designed to protect the public. HB1278 says no town,
county or township can restrict where someone can carry a gun. And
that's not sitting well with some. The sign on the door at Sioux
Falls' City Hall says no firearms allowed. But if a new gun bill
passes in the legislature, this sign and others on city property would
have to come down. "To me, that's not good legislation," Sioux Falls
Mayor Dave Munson said. Munson calls it a ridiculous bill that should
be shot down. "My biggest problem is I really don't think people
should carry weapons on city property," Munson said… (If Munson is so
concerned about "guns going off accidentally," I have to wonder if he
also wants to ban his police officers from carrying them on city
property.)
http://www.keloland.com/News/NewsDetail6375.cfm?Id=0,80855
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Some California Residents Don't Understand Preemption (or Criminals):
Why can't there be more stringent laws against guns in Salinas?
Salinas police Cmdr. Dino Bardoni was the first official placed in the
hot seat tonight as a townhall meeting kicked off at Sherwood Hall on
North Main Street. The initial question was posed by Peter Valdez of
Salinas, who wanted to know why gun locks couldn't be enforced in the
city – forcing gang members to lock their guns in order to transport
them. "Gang member are not going to adhere to the law," said Bardoni,
referring to how the criminals use illegal guns. "The problem is the
outlaw element that is carrying the guns that we can't control at this
point." He is one of six panelists participating in a townhall meeting
geared to community members who have concerns about the ongoing gang
problems in the city that have so far killed six people in 2009.
http://thecalifornian.com/article/20090218/NEWS01/90218032/1002
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Nevada Bill Would Catalog Mental-Health Records: Lawmakers were asked
Friday to back a bill stepping up state record-keeping to help keep
guns away from the mentally ill, but were told by a critic of the plan
that it's a "stacked deck" targeting Nevadans' constitutional rights.
Assembly Judiciary Committee members were told by Deputy Attorney
General Kerry Benson that AB46 is required under a 2007 federal law
change and that federal funds could be lost if it's not approved.
Benson said Nevada must make a "reasonable attempt" to comply with the
federal law, approved after the 2007 mass shootings at Virginia Tech
that left 33 people dead, including the gunman whose prior psychiatric
treatment wasn't listed in records checked by gun dealers who sold him
weapons…
http://www.mercedsunstar.com/280/story/699760.html
Tangentially Related: Worried the federal government is increasing its
dominance over their affairs, several states are pursuing legislative
action to assert their sovereignty under the 10th Amendment of the
Constitution in hopes of warding off demands from Washington on how to
spend money or enact policy. The growing concerns even have a handful
of governors questioning whether to accept federal stimulus money that
comes with strings attached. The sentiments to declare themselves
legally independent from Washington have swept across as many as a
dozen states, renewing a debate over so-called unfunded mandates that
last raged in the 1990s. The states question whether the U.S.
government can force states to take actions without paying for them or
impose conditions on states if they accept certain federal funding…
(Some list members will recall that sheriffs Jay Printz [Ravalli
County MT] and Richard Mack [Graham County AZ] won a Supreme Court
ruling against the Clinton administration for an unfunded mandate in
the Brady Bill. A section of that bill required chief law enforcement
officers to conduct background checks for firearm purchases, pending
the establishment of NICS, but provided no funds for them to do so.)
http://www.washingtontimes.com/news/2009/feb/20/states-cite-10th-amendment-in-effort-to-cut-stimul/
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Minnesota Legislator Revives Gun-Show Bill: Gun control advocates are
taking another stab at changing a state law that allows people to buy
handguns and assault rifles without a background check from unlicensed
dealers. A similar bill got nowhere in the legislature last year, but
chief sponsor Rep. Michael Paymar, DFL-St. Paul, said he hopes tweaks
in the bill's language will satisfy the measure's opponents. "It's a
good bill, a simple one designed to keep dangerous guns out of the
hands of dangerous people," Paymar said… (Now it's a "gun
show/Internet loophole" despite the fact that a firearm purchased over
the internet must be shipped to an FFL. What about common hunting
rifles, which generally fire more powerful rounds than either pistols
or "assault rifles"?)
Hunting Rifles, The Next "Sniper Weapons": I wrote recently about the
forcible citizen disarmament lobby's desire to ban .50 caliber rifles.
In that piece, I pointed out that if such a ban were ever implemented,
the gun prohibitionists would soon discover that a sniper limited to a
.499 caliber rifle would not be seriously hampered by the loss of
1/1000th of an inch of bullet diameter, leading, no doubt, to calls
for the banning of that caliber as well. Of course, a .498 caliber
rifle would not really be noticeably less capable . . . etc. The
disarmament lobby considers it bad form for gun rights advocates to
bring up the "slippery slope," and decry the logic of that argument -
just as they pour some more oil on the surface, and jack the incline
up a few more degrees. In a comment responding to my piece on a
potential .50 caliber rifle ban, I was reminded about one potential
manifestation of said slippery slope… (When the USMC recreated its
scout-sniper program in Vietnam, the rifles were Winchester Model 70's
purchased through the Base Exchange system.)
Food for Thought: A thought experiment is one that can't really be
done because of cost, technology, or political practicality. The one I
propose is in the social realm. In your mind, select a zip code in the
Denver metro area with high rates of robbery and assault. It is
probably a residential area, houses or apartment buildings. If it is
houses it is probably largely rental, because I predict it isn't a
wealthy zip code. Now, go into this area and publicize a new program
that is going to teach gun safety and use. Any and all residents can
come learn how to safely handle a handgun. All comers are taken to a
range and taught range safety, gun safety, and given the opportunity
to shoot enough rounds that they feel confident in handling a gun
safely and accurately. Next, you offer any and all graduates of this
training who pass the Instacheck a free handgun and a lockbox bolted
to the wall or floor of their home. Add 50 rounds of ammunition. Next,
offer concealed carry classes to all who wish it from this set of
people. Pay for the costs of a Concealed Carry Weapon permit for all
who pass the class and pass the Colorado Bureau of Investigation and
Sheriff's department investigations. Their final gift is a good
holster for concealed carry…
Open-Carry Demonstrations in Alaska: A growing group of Fairbanks gun
rights activists will show their support for the Second Amendment
today by openly carrying guns. "We're going to have an open carry
day," Schaeffer Cox, unofficial leader of the Second Amendment Task
Force, said Thursday. Members of the task force, which he called a
"movement" more than a group or organization, will be displaying their
firearms openly across Alaska's second largest city on Fridays,
Saturdays and Sundays for the next two weeks, Cox said… Fairbanks
police Chief Dan Hoffman doesn't have a problem with gun owners
displaying their Second Amendment rights around town. "There's no law
that prohibits a citizen in the state of Alaska from carrying an open,
legal firearm," Hoffman said. "It's perfectly legal." Hoffman suspects
the movement is a result of the election of President Barack Obama, a
Democrat whom gun rights activists worry will crack down on gun
ownership… (I would guess that bare arms would still be a bit
uncomfortable in Alaska at this time of the year.)
http://newsminer.com/news/2009/feb/20/fairbanks-group-will-bare-arms-support-gun-rights/
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Oops, Wrong House: A Fayetteville man's plan to rob a Sampson County
man's home went awry Tuesday when he got a surprise - an unexpected
meeting with the home's owner, complete with a .22-caliber rifle.
According to the Sampson County Sheriff's Office and the homeowners,
Richard Corderro Woods, 21, of Asbury Road in Fayetteville was
arrested Tuesday morning after Bryan Tew came home and allegedly saw
Mr. Woods coming out the back door of his home in the 600 block of
Eldon Store Road in the Mingo community. Mr. Tew, a local turkey
farmer, said he was driving his tractor down the road to fill it with
fuel around 11:30 when he noticed an unfamiliar Buick Roadmaster with
a burgundy top parked in his garage with the trunk open. He said he
parked his John Deere in front of the car, jumped down and was
reaching behind the seat of his pickup truck for his rifle when he
heard Mr. Woods kick open the back door, heard broken glass and saw
him step outside with an armload of electronics, Wii games and a jar
of change… (Challenging burglars [and other miscreants] with unloaded
firearms may be hazardous to your health.)
http://www.dunndailyrecord.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=104625
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Dead Burglar Had Lengthy Rap Sheet: The home intruder gunned down by a
northeast valley resident Sunday was a registered sex offender with a
long criminal history, Las Vegas police said. The Clark County
coroner's office identified the dead man as Mark Clinton Vains, 42, of
Las Vegas. Vains died of multiple gunshot wounds to the chest at a
residence on the 4600 block of Crystal Peak Drive, near Cheyenne
Avenue and Las Vegas Boulevard. Resident Paul Witte returned home
about 4:15 p.m. and upon entering, discovered Vains, who was carrying
a pellet gun, homicide Lt. Lew Roberts has said… He [Witte] told
KVBC-TV, Channel 3, that he knew something was wrong when he saw a
suitcase on the floor containing his possessions. He chambered a round
and fired at Vains, who rushed him holding what appeared to be a
.45-caliber handgun. Witte didn't know it was a pellet gun until
police told him later… (Carrying a bottom-feeding pistol without a
round in the chamber may be hazardous to your health.)
http://www.lvrj.com/news/39770977.html
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Rule Two Reminder: A star Mississippi high school football player
accidentally shot and killed himself with his shotgun after he was
pulled over during a traffic stop, a grand jury ruled Thursday… George
County Sheriff Garry Welford said Thursday that his department's
investigation found that after Sullivan took the teen's license and
went back to his patrol car to check it, Johnson squatted down to move
the shotgun from underneath the seat of his truck. He grabbed the
barrel and the gun went off, said Welford, who did not know why the
teen was trying to move the gun. By the time other officers arrived,
Johnson was lying on the ground outside of the driver's side door with
a shotgun on top of him, the barrel pointing toward his head, police
have said. The grand jury report said the safety was off and one spent
round was in the chamber… (Rule Two: Don't let the muzzle cross
anything you're not prepared to shoot. This sort of incident is not
that uncommon, when people grab long guns by the muzzle and an
undetected object has gotten inside the trigger guard.)
http://www.google.com/hostednews/ap/article/ALeqM5jqGBMRI69PDhzW14-LDvtS5H5s0AD96AB68G1
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Stupid Is as Stupid Does: A Tucson man who killed a friend while
playing Russian roulette was sentenced Friday to eight years in
prison. Pima County Superior Court Judge Deborah Bernini imposed a
slightly mitigated term for a manslaughter charge against Courtney
Larsel Robinson, 22, for the September death of longtime friend Jason
M. Brant, 22. Robinson could have gotten up to 21 years in prison.
Robinson was charged with second-degree murder and weapons misconduct
in Brant's death, but pleaded guilty to the lesser charge, which
factored into Bernini's sentencing, she said. Bernini also sentenced
Robinson to a concurrent 1.5-year prison term for an unrelated
attempted forgery charge.
http://www.tucsoncitizen.com/daily/local/110605.php
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New Hand Wipes Remove Lead: Hygenall Safety Products, a division of
Mk-IX Technologies Corporation, today announced the availability of
Hygenall hand wipes. Leveraging an exclusive license for science
developed in the laboratories of the Centers for Disease Control and
Prevention (CDC) and the National Institute for Occupational Safety
and Health (NIOSH), Hygenall is a breakthrough hand wipe that safely
removes 98 percent of trace lead particles as well as dirt and common
germs associated with children's toys, clothing, paint and other
common surfaces, from the hands. Compared to common soap and
alcohol-based hand sanitizers - which cannot remove lead - Hygenall
offers a much higher level of protection and prevention. Hygenall is
currently being sold via www.hygenall.com and amazon.com… (Ostensibly,
this product was developed after CDC discovered that soap and water
failed to remove all lead particles from the skin of workers at a
battery factory.)
http://www.msnbc.msn.com/id/29118933/
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Canadian Province Targets Gun Owners: …In an effort to blunt growing
public outrage over the Lower Mainland's recent wave of gang
shootings, last week the provincial government released an 89-page
report titled "The Illegal Movement of Firearms in British Columbia."
The report slams local law enforcement ("There is no concerted
strategy to deal with illegal firearms in the province."), but also
targets law-abiding gun owners, who often face the scorn of government
regulators after criminals get trigger-happy… Sounds reasonable. As
gangland thugs scatter hot lead on city streets in broad daylight -
using illegal and unregistered firearms - Big Government turns on
Uncle Charlie and his 40-year-old Winchester bolt action…
Canadian Cop Exploited Amnesty Program: A Calgary police officer who
was accused of abusing a gun amnesty program pleaded guilty Tuesday to
one charge of careless storage of a firearm. Dean Pankewicz, 43, was
also facing four other charges, including trafficking and illegal
possession of a firearm, but those were dropped after he pleaded
guilty to careless storage. The 18-year police veteran was charged
after an investigation into the sales of firearms that were supposed
to be destroyed in a provincial gun amnesty. The investigation alleged
Pankewicz bought 51 firearms that were supposed to be turned over and
destroyed during the 2006 amnesty. It was alleged that on about 20
occasions, Pankewicz convinced someone who had called police to turn
in a gun to sell it instead…
http://www.canada.com/saskatoonstarphoenix/story.html?id=92fe857b-2ccf-486f-9c3b-a4d0d531e029
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