From: Stephen P. Wenger http://www.spw-duf.info
comments in () by Stephen P. Wenger
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From GOA: Do you agree with people like Bill Clinton and Barack Obama, who treat the Second Amendment as if it were written only to protect your ability to go hunting and target shooting? Or do you agree with Gun Owners of America, George Washington and Thomas Jefferson, who believe that the Second Amendment protects a pre-existing fundamental right that is essential to the preservation of liberty? Well, a whole lot of people in Congress are claiming to protect your Second Amendment rights, but all they're really doing is protecting your hunting season. We're talking about the Omnibus Public Lands Act. You helped to defeat this bill last week in the House, but Congressional leaders have vowed to bring it up again soon. S. 22 is an enormous package of over 190 bills lumped together with a price tag of $10 billion. The bill will greatly expand the amount of land controlled by the National Park Service, thus spreading the agency's unconstitutional gun regulations to more areas…
http://gunowners.org/a031609htm.htm
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Heller Is Firing Blanks: About nine months ago, the Supreme Court breathed new life into the Second Amendment, ruling for the first time that it protects an individual right to own guns. Since then, lower federal courts have decided more than 80 cases interpreting the decision, District of Columbia v. Heller, and it is now possible to make a preliminary assessment of its impact. So far, Heller is firing blanks. The courts have upheld federal laws banning gun ownership by people convicted of felonies and some misdemeanors, by illegal immigrants and by drug addicts. They have upheld laws banning machine guns and sawed-off shotguns. They have upheld laws making it illegal to carry guns near schools or in post offices. And they have upheld laws concerning concealed and unregistered weapons… (I was not aware that Heller had figured into so many cases.)
http://www.nytimes.com/2009/03/17/us/17bar.html?hp
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"Progressive Originalism," Incorporation and the RKBA: After the Supreme Court struck down the District of Columbia's handgun ban last June, gun-rights advocates trained their sights on similar restrictions in Chicago and Oak Park, Ill. Last month, the National Rifle Association received ammunition from an unlikely source: the Constitutional Accountability Center, a liberal litigation shop. In a brief filed with the federal appeals court in Chicago, the center not only argued that gun ownership is a constitutional right, it also employed the legal method popularized by such conservative icons as Supreme Court Justice Antonin Scalia. That method is originalism, which seeks to apply the law today according to the text's meaning at the time of its adoption. …Although he dissented, Justice Clarence Thomas wrote that "the demise of the Privileges or Immunities Clause has contributed in no small part to the current disarray of our 14th Amendment jurisprudence." To clarify things, "I would be open to re-evaluating its meaning in an appropriate case." That case could be the gun-control lawsuit in Illinois. Although the Supreme Court struck down the District of Columbia's handgun ban, the capital's federal status leaves unclear the implications for the states. A robust reading of the Privileges or Immunities Clause would likely extend the decision's force…
http://online.wsj.com/article/SB123699111292226669.html
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The Beat Goes On: While the demand is there, gun owners are finding there to be an ammunition shortage. "That's it. This is basically what I've got for the month," said Todd Garland of Rattlesnake Hill Sporting Goods in Newton Falls as he gestured to a shelf of shells. "I've got people from Canton calling, 'You have that? Hold it, we're on our way.' That's 60 miles away." Local owners of gun and hunting shops say they are waiting longer and paying more for boxes of ammunition from their suppliers. Whether the culprit is the wars in Iraq and Afghanistan or increased demand over fears the new presidential administration will seek stricter gun laws, the drought seems to have touched most gun owners indiscriminately. Collectors, hunters, those buying firearms for their own protection and even police officials - who point out that they have enough to go about their day-to-day business - have noticed a pinch…
http://www.tribtoday.com/page/content.detail/id/519323.html
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Will CCW Increase Poaching?: Ken Salazar, secretary of the U.S. Department of the Interior, will review the eleventh-hour decision of the Bush administration to allow loaded guns to be carried in national parks and wildlife refuges. But, in a bow to gun-rights activists, Salazar says it's not a top priority, or a matter of great urgency. "It is one of those issues that ... distracts the Department of Interior from the more important agendas." If the protection of wildlife, the value of the visitors' experience and the safety of park patrons and employees are not important to Salazar, he needs to re-examine his priorities… Poaching is already prevalent in our parks and wildlife refuges. More than 400 incidents were reported in 2006. Allowing loaded and accessible weapons will only make things easier for poachers, and more difficult for undermanned park service staffs… (I guess that 70 years of rules banning loaded firearms have done a very effective job of controlling poaching.)
http://www.sltrib.com/opinion/ci_11927022
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Similar Thinking in Tennessee: Alcohol and guns make a dangerous cocktail past 11 p.m., but they're OK at 10:59. Evidently that's the thinking behind one of four firearms-related bills put on a fast track by the Tennessee General Assembly's Hand Gun Study Committee Thursday. The panel wants to amend the law prohibiting people from carrying guns into establishments where alcohol is served to make it legal until 11. Committee members would also maintain a ban on people who carry handguns from drinking alcohol and a ban on handguns at establishments that have age limits for entry - mostly bars where smoking is allowed. In the rush to expand the territory in which people with permits may carry their handguns, the committee also recommended passage of a bill allowing guns in state, county and municipal parks - the ballfields, golf courses, picnic areas and other spots typically enjoyed by families with children. It would also be OK, under a committee recommendation, to pack firearms in what have been protected wildlife areas… (This is the paper that posted the permit database on its website.)
http://www.commercialappeal.com/news/2009/feb/20/editorials-logic-lacking-in-gun-bills/?partner=RSS
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Open Carry in California: The guns hooked on their hips are a symbol of freedom and constitutional rights for some. To others, they represent a conundrum cloaked in fear and the unknown. A national "Open Carry Movement" has landed in Redlands, bringing local attention to those who openly carry a firearm to exercise their second amendment rights. Other law enforcement officials in San Bernardino County say they are unaware of their officers encountering open carriers, but some are passing out pamphlets and briefing the rank-and-file members on how to handle them. State law allows adults who are not prohibited by law to visibly carry an unloaded gun in public places, excluding school zones, government buildings, state and national parks and secured areas like airports. Police are permitted only to ensure the weapon is not loaded. They cannot run the gun's serial number, ask for the carrier's identification or detain them. There are no statistics about how many citizens openly carry weapons, but their reasons range from self-defense to getting the public accustomed to seeing guns on people other than cops and criminals… (My prediction – rather than expand licensed CCW, California will ban open carry of unloaded handguns.)
http://www.sbsun.com/news/ci_11913496
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Oops, Wrong House, Indiana Version: An Evansville resident shot an armed burglar early Sunday morning when the suspect tried to rob the man in his home. Derrick Murray told police that he was asleep in his house on the 400 block of east Riverside when his back door was kicked in and some one told him to get down on the ground. Police say Murray got his rifle and shot 26-year-old Derek Clark in the leg after Clark confronted him with a handgun. Police say Clark then ran out the door and attempted to get into an accomplice vehicle with multiple suspects. The driver then hit Clark with the vehicle and fled the scene. When Officers responded they found Clark lying on the sidewalk. Clark was transported to St. Mary's hospital. Police say Murray acted in self-defense. (Murray was fortunate that he was able to reach his rifle. Contrast this with Sunday's account by John Farnam's student, who was wearing a holstered handgun.)
http://www.news25.us/dsp_story.cfm?storyid=11713&RequestTimeout=500
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Oops, Wrong House, Michigan Version: An armed homeowner in Oshtemo Township scared off a pair of burglars earlier this week when he fired two shots from his gun, police said Tuesday. No one was injured, according to a press release from the Kalamazoo County Sheriff's Office. Police said two suspects broke into the house in the 7000 block of West H Avenue Monday afternoon. They were confronted by the armed homeowner, who fired two shots before the suspects fled in a small vehicle. Deputies located the vehicle and arrested one of the suspects, an 18-year-old man, lodging him on home invasion charges at the Kalamazoo County Jail. Police continue to look for the second suspect, who was only described as a "small individual with longer hair," the press release said. (I have to wonder where those two shots ended up.)
http://www.mlive.com/news/kalamazoo/index.ssf/2009/03/oshtemo_township_homeowner_fir.html
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Oops, Wrong House, Texas Version: A rural North Texas woman said she dialed 911 repeatedly but got no answer as an intruder roamed her home in the dark. Laverne Hokett lives in Parker County, just west of Fort Worth. She said she was awakened one night last month by someone breaking through her back door. She dialed 911 several times from her cell phone but got no answer. Then she called her daughter Deborah Turpin. She and her husband arrived at her mother's home and held the intruder at gunpoint while dialing 911 over and over before getting an answer. Sheriff's Capt. Mike Morgan says department records show that when 911 operators answered the calls, the family had hung up. Morgan says cell phone calls can take up to 30 seconds to reach the dispatch center. (When I worked with the L.A. Sheriff's Department, 911 hang-ups were given a very high priority.)
http://www.nbcdfw.com/news/local/Woman-Says-911-Call-Got-No-Answer-.html
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Oops, Wrong Semi: Authorities are investigating the fatal shooting of a man who allegedly tried to enter a parked tractor-trailer rig in West Knox County. Knox County Sheriff's Office spokeswoman Martha Dooley said the incident occurred about 2:30 a.m. at a warehouse parking lot at 10720 Lexington Drive, which runs off of Lovell Road. Killed was James Edward Hodges Jr., 34, of Loudon, according to Dooley. He was trying to break into a tractor-trailer while the driver was asleep in the truck's sleeper cabin, Dooley said. Hodges had approached the truck earlier and tried to open its door, Dooley said. He returned a short time later and broke out a window with a rock. He left again after breaking out the window. "The suspect returned and was attempting to climb into the truck when the truck driver shot him," Dooley said. Hodges was dead at the scene…
http://www.knoxnews.com/news/2009/mar/11/kcso-trucker-kills-intruder-west-knox/
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Man Shoots Dog to Protect Daughter: Kenneth Hale Jr. says his neighbor's Bull Mastiff ventured into his yard several times. Last week, Hale's three year old daughter was playing in the yard and the dog charged toward her, so he got his gun and shot the dog. Kenneth Hale says "I feel bad about it I didn't want to shoot the dog, I really didn't and I was hoping he would keep him over there, it was a beautiful dog, it's a bull Mastiff and that dog stands every bit of four feet tall on his back". Thomas County investigators say Hale contacted them on more than one occasion about the dog. The owner of the dog could not be reached for comment and authorities would not release his name. (Maintain control of your firearm, maintain control of your dog.)
http://www.wctv.tv/home/headlines/41048732.html
---
http://gunowners.org/a031609htm.htm
---
Heller Is Firing Blanks: About nine months ago, the Supreme Court breathed new life into the Second Amendment, ruling for the first time that it protects an individual right to own guns. Since then, lower federal courts have decided more than 80 cases interpreting the decision, District of Columbia v. Heller, and it is now possible to make a preliminary assessment of its impact. So far, Heller is firing blanks. The courts have upheld federal laws banning gun ownership by people convicted of felonies and some misdemeanors, by illegal immigrants and by drug addicts. They have upheld laws banning machine guns and sawed-off shotguns. They have upheld laws making it illegal to carry guns near schools or in post offices. And they have upheld laws concerning concealed and unregistered weapons… (I was not aware that Heller had figured into so many cases.)
http://www.nytimes.com/2009/03/17/us/17bar.html?hp
---
"Progressive Originalism," Incorporation and the RKBA: After the Supreme Court struck down the District of Columbia's handgun ban last June, gun-rights advocates trained their sights on similar restrictions in Chicago and Oak Park, Ill. Last month, the National Rifle Association received ammunition from an unlikely source: the Constitutional Accountability Center, a liberal litigation shop. In a brief filed with the federal appeals court in Chicago, the center not only argued that gun ownership is a constitutional right, it also employed the legal method popularized by such conservative icons as Supreme Court Justice Antonin Scalia. That method is originalism, which seeks to apply the law today according to the text's meaning at the time of its adoption. …Although he dissented, Justice Clarence Thomas wrote that "the demise of the Privileges or Immunities Clause has contributed in no small part to the current disarray of our 14th Amendment jurisprudence." To clarify things, "I would be open to re-evaluating its meaning in an appropriate case." That case could be the gun-control lawsuit in Illinois. Although the Supreme Court struck down the District of Columbia's handgun ban, the capital's federal status leaves unclear the implications for the states. A robust reading of the Privileges or Immunities Clause would likely extend the decision's force…
http://online.wsj.com/article/SB123699111292226669.html
---
The Beat Goes On: While the demand is there, gun owners are finding there to be an ammunition shortage. "That's it. This is basically what I've got for the month," said Todd Garland of Rattlesnake Hill Sporting Goods in Newton Falls as he gestured to a shelf of shells. "I've got people from Canton calling, 'You have that? Hold it, we're on our way.' That's 60 miles away." Local owners of gun and hunting shops say they are waiting longer and paying more for boxes of ammunition from their suppliers. Whether the culprit is the wars in Iraq and Afghanistan or increased demand over fears the new presidential administration will seek stricter gun laws, the drought seems to have touched most gun owners indiscriminately. Collectors, hunters, those buying firearms for their own protection and even police officials - who point out that they have enough to go about their day-to-day business - have noticed a pinch…
http://www.tribtoday.com/page/content.detail/id/519323.html
---
Will CCW Increase Poaching?: Ken Salazar, secretary of the U.S. Department of the Interior, will review the eleventh-hour decision of the Bush administration to allow loaded guns to be carried in national parks and wildlife refuges. But, in a bow to gun-rights activists, Salazar says it's not a top priority, or a matter of great urgency. "It is one of those issues that ... distracts the Department of Interior from the more important agendas." If the protection of wildlife, the value of the visitors' experience and the safety of park patrons and employees are not important to Salazar, he needs to re-examine his priorities… Poaching is already prevalent in our parks and wildlife refuges. More than 400 incidents were reported in 2006. Allowing loaded and accessible weapons will only make things easier for poachers, and more difficult for undermanned park service staffs… (I guess that 70 years of rules banning loaded firearms have done a very effective job of controlling poaching.)
http://www.sltrib.com/opinion/ci_11927022
---
Similar Thinking in Tennessee: Alcohol and guns make a dangerous cocktail past 11 p.m., but they're OK at 10:59. Evidently that's the thinking behind one of four firearms-related bills put on a fast track by the Tennessee General Assembly's Hand Gun Study Committee Thursday. The panel wants to amend the law prohibiting people from carrying guns into establishments where alcohol is served to make it legal until 11. Committee members would also maintain a ban on people who carry handguns from drinking alcohol and a ban on handguns at establishments that have age limits for entry - mostly bars where smoking is allowed. In the rush to expand the territory in which people with permits may carry their handguns, the committee also recommended passage of a bill allowing guns in state, county and municipal parks - the ballfields, golf courses, picnic areas and other spots typically enjoyed by families with children. It would also be OK, under a committee recommendation, to pack firearms in what have been protected wildlife areas… (This is the paper that posted the permit database on its website.)
http://www.commercialappeal.com/news/2009/feb/20/editorials-logic-lacking-in-gun-bills/?partner=RSS
---
Open Carry in California: The guns hooked on their hips are a symbol of freedom and constitutional rights for some. To others, they represent a conundrum cloaked in fear and the unknown. A national "Open Carry Movement" has landed in Redlands, bringing local attention to those who openly carry a firearm to exercise their second amendment rights. Other law enforcement officials in San Bernardino County say they are unaware of their officers encountering open carriers, but some are passing out pamphlets and briefing the rank-and-file members on how to handle them. State law allows adults who are not prohibited by law to visibly carry an unloaded gun in public places, excluding school zones, government buildings, state and national parks and secured areas like airports. Police are permitted only to ensure the weapon is not loaded. They cannot run the gun's serial number, ask for the carrier's identification or detain them. There are no statistics about how many citizens openly carry weapons, but their reasons range from self-defense to getting the public accustomed to seeing guns on people other than cops and criminals… (My prediction – rather than expand licensed CCW, California will ban open carry of unloaded handguns.)
http://www.sbsun.com/news/ci_11913496
---
Oops, Wrong House, Indiana Version: An Evansville resident shot an armed burglar early Sunday morning when the suspect tried to rob the man in his home. Derrick Murray told police that he was asleep in his house on the 400 block of east Riverside when his back door was kicked in and some one told him to get down on the ground. Police say Murray got his rifle and shot 26-year-old Derek Clark in the leg after Clark confronted him with a handgun. Police say Clark then ran out the door and attempted to get into an accomplice vehicle with multiple suspects. The driver then hit Clark with the vehicle and fled the scene. When Officers responded they found Clark lying on the sidewalk. Clark was transported to St. Mary's hospital. Police say Murray acted in self-defense. (Murray was fortunate that he was able to reach his rifle. Contrast this with Sunday's account by John Farnam's student, who was wearing a holstered handgun.)
http://www.news25.us/dsp_story.cfm?storyid=11713&RequestTimeout=500
---
Oops, Wrong House, Michigan Version: An armed homeowner in Oshtemo Township scared off a pair of burglars earlier this week when he fired two shots from his gun, police said Tuesday. No one was injured, according to a press release from the Kalamazoo County Sheriff's Office. Police said two suspects broke into the house in the 7000 block of West H Avenue Monday afternoon. They were confronted by the armed homeowner, who fired two shots before the suspects fled in a small vehicle. Deputies located the vehicle and arrested one of the suspects, an 18-year-old man, lodging him on home invasion charges at the Kalamazoo County Jail. Police continue to look for the second suspect, who was only described as a "small individual with longer hair," the press release said. (I have to wonder where those two shots ended up.)
http://www.mlive.com/news/kalamazoo/index.ssf/2009/03/oshtemo_township_homeowner_fir.html
---
Oops, Wrong House, Texas Version: A rural North Texas woman said she dialed 911 repeatedly but got no answer as an intruder roamed her home in the dark. Laverne Hokett lives in Parker County, just west of Fort Worth. She said she was awakened one night last month by someone breaking through her back door. She dialed 911 several times from her cell phone but got no answer. Then she called her daughter Deborah Turpin. She and her husband arrived at her mother's home and held the intruder at gunpoint while dialing 911 over and over before getting an answer. Sheriff's Capt. Mike Morgan says department records show that when 911 operators answered the calls, the family had hung up. Morgan says cell phone calls can take up to 30 seconds to reach the dispatch center. (When I worked with the L.A. Sheriff's Department, 911 hang-ups were given a very high priority.)
http://www.nbcdfw.com/news/local/Woman-Says-911-Call-Got-No-Answer-.html
---
Oops, Wrong Semi: Authorities are investigating the fatal shooting of a man who allegedly tried to enter a parked tractor-trailer rig in West Knox County. Knox County Sheriff's Office spokeswoman Martha Dooley said the incident occurred about 2:30 a.m. at a warehouse parking lot at 10720 Lexington Drive, which runs off of Lovell Road. Killed was James Edward Hodges Jr., 34, of Loudon, according to Dooley. He was trying to break into a tractor-trailer while the driver was asleep in the truck's sleeper cabin, Dooley said. Hodges had approached the truck earlier and tried to open its door, Dooley said. He returned a short time later and broke out a window with a rock. He left again after breaking out the window. "The suspect returned and was attempting to climb into the truck when the truck driver shot him," Dooley said. Hodges was dead at the scene…
http://www.knoxnews.com/news/2009/mar/11/kcso-trucker-kills-intruder-west-knox/
---
Man Shoots Dog to Protect Daughter: Kenneth Hale Jr. says his neighbor's Bull Mastiff ventured into his yard several times. Last week, Hale's three year old daughter was playing in the yard and the dog charged toward her, so he got his gun and shot the dog. Kenneth Hale says "I feel bad about it I didn't want to shoot the dog, I really didn't and I was hoping he would keep him over there, it was a beautiful dog, it's a bull Mastiff and that dog stands every bit of four feet tall on his back". Thomas County investigators say Hale contacted them on more than one occasion about the dog. The owner of the dog could not be reached for comment and authorities would not release his name. (Maintain control of your firearm, maintain control of your dog.)
http://www.wctv.tv/home/headlines/41048732.html
---
