By permission from: Stephen P. Wenger
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http://www.spw-duf.info
No Clear Sign from Ninth Circuit: A divided federal appeals court
wrestled Thursday with potentially the most important gun case in its
history, a dispute over a firearms ban at the Alameda County
Fairgrounds that has expanded into a constitutional battle over state
and local authority to regulate gun possession. Some judges on an
11-member panel of the Ninth U.S. Circuit Court of Appeals appeared to
agree with gun-rights advocates that the Second Amendment right to
keep and bear arms, recently interpreted by the U.S. Supreme Court to
protect an individual's right to own guns, is binding on states and
can be used to challenge the county ordinance. Others noted that the
high court has never overturned its own 19th century rulings that said
the Second Amendment applies only to the federal government. And one
judge suggested the court should uphold the ordinance as a valid
public safety measure without deciding the constitutional issue… But
Chief Judge Alex Kozinski suggested that the Supreme Court had
discarded its 19th century rulings when it started applying other Bill
of Rights protections to the states in 1929… (List members may wish to
read a quotation from Kozinski at http://www.spw-duf.info/quotes.html
– if you type Ctrl + F and enter "kozinski," your browser will take
you to the end of the quite, then you can scroll up to the beginning.)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/24/BA0119S7I5.DTL&tsp=1
En banc arguments in a controversial gun rights case were animated
Thursday, but don't be surprised if the 9th U.S. Circuit Court of
Appeals sits on this one for awhile. A federal appellate court in
Chicago said in June that the Second Amendment should not restrict
state gun control laws until the Supreme Court rules that the right
binds the states. The high court is scheduled to make up its mind next
week about whether to grant cert. "That may well give us an answer,
and there would be no need for us to decide this case," 9th Circuit
Judge Stephen Reinhardt said. Judge Susan Graber also wondered aloud
at another point whether the circuit needed to rule on the
constitutional issues… The 9th Circuit appeared split on how far to go
with the Second Amendment. Liberal stalwart Judge Harry Pregerson
lambasted gun show attorney Donald Kilmer Jr., asking whether there
would be more guns in California if Kilmer's side prevailed…
http://www.law.com/jsp/article.jsp?id=1202434067803&hbxlogin=1
Update 9/24 9:31 p.m.: The Ninth Circuit has just handed down a
one-page order delaying consideration of this case until the U.S.
Supreme Court decides whether or not to hear the lawsuits arising out
of Chicago and New York state. The justices are scheduled to discuss
those cases on September 29, and are likely to announce their decision
soon after… But whether the Second Amendment applies to states remains
an open question. It may seem like an odd one: After all, the First
Amendment starts out by saying "Congress shall make no law," but the
Supreme Court has interpreted that language to prevent states (and
even state universities) from suppressing political speech. The Fourth
Amendment has been interpreted to restrict state police from
conducting "unreasonable searches," and while the right to an abortion
is not clearly found anywhere in the U.S. Constitution, the 1973 Roe
v. Wade decision struck down a Texas law on constitutional grounds. So
if much of the rest of the Bill of Rights applies to state governments
- a concept called "incorporation" - why not the Second Amendment as
well? …
http://www.cbsnews.com/blogs/2009/09/24/taking_liberties/entry5338307.shtml
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The Beat Goes On: Patrick Jones has trouble keeping ammunition
supplies on the shelves these days. "Everything is hard to get,
especially certain calibers," said Jones, owner of Action Pawn in
Killen. Ammunition continues to be in high demand, some 10 months
after President Obama's election and eight months into his term. Jones
said .380- and .32-calibers are especially difficult to find. The
Obama administration has not proposed anti-gun legislation, but a fear
of such action remains among many gun enthusiasts. "That's what I'm
hearing people worry about, that the president will cut the supply
off," Jones said. "They're afraid it will be taxed more. A lot say
they are getting it for personal protection… I'm lucky to be able to
get some types," said Lee Smith, owner of the Gunrunner in Florence.
"Any revolver cartridges are hard to come by. It's never been like
this before." Smith recalls sales increasing during the mid-90s, on
the heels of the Brady Bill…
http://www.timesdaily.com/article/20090924/ARTICLES/909245029/1011/NEWS?Title=Regulation-fears-spur-gun-owners-to-increase-stock
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The Desired Effect: Cabela's recently circulated a letter stating that
if Governor Schwarzenegger doesn't veto pending legislation in
California, Cabela's will no longer sell ammunition to California
customers. Cabela's has no retail outlets in California. California
Assembly Bill 962, which Schwarzenegger must veto by October 11,
states that ammunition can only be sold "in a face-to-face
transaction." Cabella's has been shipping to California customers via
remote transactions (internet, phone, etc.) A source at Cabela's
declined to say how much ammunition normally ships to California, but
said they have "many good customers" there. The only good news is that
this ammunition will be redirected to states which still recognize
that the Second Amendment is about functioning firearms: guns with
ammunition. So there may be some easing of the persistent shortage
elsewhere… AB 962 won't stop drug gangs–which have established,
successful smuggling conduits into the state - from simply adding
ammunition to their shopping lists. The United Kingdom, surrounded by
ocean, has seen an increase in "gun crime" since enacting a
nearly-total gun ban in 1997. It's hard to see how California can
secure its borders better than the UK… (AB 962 will not only terminate
ammunition purchases by Californiana from Cabela's but from all
mail-order sources.)
http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d24-Cabelas-No-more-ammunition-for-California
The California Association of Firearms Retailers (CAFR) and the
National Shooting Sports Foundation (NSSF) - the trade association for
the firearms and ammunition industry - are urging Gov. Schwarzenegger
to veto three anti-gun bills in the state. The governor will have
until October 11 to veto the bills: ammunition registration (AB 962),
regulations that duplicate existing requirements under federal law
governing the sale of firearms (SB 41), and prohibitions on the lawful
sale of firearms and ammunition at the Cow Palace exhibition center
(SB 585)… AB 962 would require that firearms dealers and other vendors
of ammunition keep a registry of all buyers of handgun ammunition. The
bill would also ban all mail order and Internet sales of handgun
ammunition and reloading components. SB 41 would further burden
firearms retailers by requiring additional paperwork and documentation
on the date of delivery of all firearms to a buyer… SB 585 would
prohibit the lawful sale of firearms and ammunition at the Cow Palace
exhibition facility near San Francisco, located in Agricultural
District 1-A, and would make a violation of that prohibition a crime.
Its purpose is to ban gun shows at the Cow Palace and to set a
precedent for the banning of all gun shows at other state-owned
facilities where many sportsmen buy firearms and ammunition. In
California all firearms bought and sold at gun shows must be
transferred through a federally licensed firearms retailer who is
required under federal and state law to run a background check on the
prospective buyer.
http://www.gunreports.com/news/news/CAFR-NSSF-California-Gun-Laws-AB-962-SB-41-SB-585_1541-1.html?ET=gunreports:e531:183810a:&st=email
Related Commentary:
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m9d24-Will-Gov-Schwarzenegger-sign-ammo-control-bill
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More Infringements, More Crime: The Brady Campaign to Prevent Gun
Violence publishes an annual scorecard, rating states on their gun
control laws (e.g., one handgun purchase per month, ballistic
fingerprinting, requiring a permit to purchase a gun, no concealed
carry law, workplace ban). A previous article noted that as Brady 2007
scores increased, so did violent crime. Depending on which side of
this issue you stand, the news has only gotten worse… Brady tends to
ignore Washington, D.C., which consistently has the highest violent
crime rate in the country. (It's included here because it has a larger
population than Wyoming, and enough autonomy to enact its own gun
control laws, like any state.) This is curious, because Brady always
promotes D.C. gun control laws. For example, Brady filed a brief
supporting continuation of the D.C. gun ban during the Heller case.
Brady's scorecard contains detailed criteria for determining a state's
score: Washington, D.C. would have scored around 95, higher than any
state, due to the fact that it has the strictest gun laws in the
country. For example, D.C. has mandatory reporting of stolen guns, and
requires ballistic fingerprinting when registering a gun. In 2008,
this closest representative of Brady's gun control Utopia had 3.2
times the violent crime rate and 5.9 times the murder rate than that
for the rest of the country…
http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d24-Brady-Campaign-2008-state-scorecard-Higher-score-more-crime
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Cleveland's Crime Rate Continues to Drop: The overall crime rate
continues its four year decline in Cleveland despite the City's
efforts to overturn state gun laws and once again take gun rights away
from residents. While criminal on criminal violence still continues to
be a problem (mostly gang and drug related), the average citizen has
become increasingly safer in the city over the last four years, which
roughly coincides with efforts at the state level to expand concealed
carry and gun rights in general. As citizens become increasingly able
to protect themselves and thwart the efforts of criminals, those
criminals have shifted their focus to property crimes such as burglary
and theft. Meanwhile, Cleveland continues in its lawsuit against the
state of Ohio (opposed by the National Rifle Association and Ohioans
For Concealed Carry) attempting to circumvent statewide preemption of
gun laws so that it may once again impose stringent restrictions upon
gun ownership…
http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d24-Crime-rate-drops-while-Cleveland-tries-to-kill-golden-goose
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Twisted Logic: New laws granting employees the right to keep guns in
their vehicles at work raises the risk of every company's worst
nightmare - an active shooter at work. Find out what you need to know
- and what you need to do - about these new laws in just 90 minutes as
our expert faculty examines Guns at Work: Planning for an Active
Shooter & Adapting to New Workplace Weapons Laws. In light of today's
heightened threat of a rampage shooter, this program will provide
critical information about the steps all companies must take to reduce
the threat, improve response, and provide effective emergency
notification. Now that more than 30 states have concealed carry laws
on their books, the burden is on employers to be proactive if they
wish to lawfully restrict guns on their premises. At the same time,
some state laws include privacy stipulations, making it illegal to
even ask employees - or customers or invitees to the company, who also
are covered - whether they have firearms in their cars… (If people who
wish to commit murders are not constrained by laws against murder, why
would they be constrained by laws and company policies regarding
bringing firearms to work?)
http://www.ioma.com/webinars/1299.html
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What's the Point?: Last February I explained how, counter intuitively,
the DC City Council's 2008 action to repeal the DC Police Chief's
power to issue handgun carry permits made it possible for DC residents
to apply by mail for handgun carry permits from Pennsylvania Sheriffs.
Such applications can be made by filling out a simple form, no
fingerprints, social security numbers, or training required. And
these permits are accepted by many states too. But while applying for
gun carry permits is now easy for DC residents, DC's onerous gun
registration laws makes it hard to acquire a gun. If you don't
believe me, read Christian Davenport's recent article in the
Washington Post about his gun acquisition odyssey as a DC resident… So
for entrepreneurial and mobile DC residents, many of whom already
maintain a residence in another state, or easily could do so, buying a
gun without jumping through a bunch of hoops is really not that hard.
What remains difficult however, at least until Congress repeals DC's
onerous gun registration scheme, is legally bringing that gun to your
DC home (or the Big Apple, if that is where you hang your hat). (As I
recall, Dick Heller already owned at least one handgun, stored outside
DC, and his plea to the court was to let him register it so that he
could bring it into the District.)
http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d24-How-DC-residents-can-buy-guns-without-registration
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Utah Could Tighten CFP Requirements: Gov. Gary Herbert said Thursday
that he is open to tightening up Utah's concealed weapons permits to
potentially give the state more oversight of those who receive a state
permit to pack a gun. "I think we need to protect the Second
Amendment, that's for sure, and Utah should stand tall in that
regard," Herbert said during his monthly KUED news conference. "That
said, I don't want to be a wholesale clearinghouse for anyone who
comes to Utah who we don't have the ability to track ... and then they
go outside our borders and conduct themselves inappropriately." So far
this year, the Bureau of Criminal Identification has received more
than 57,000 applications for concealed weapons permits, and is on pace
for a roughly five-fold increase from 2006. And, for the first time,
the state issued more permits to out-of-state residents than to Utahns
in the last budget year. Utah's concealed weapons permit is honored in
33 states, although Nevada recently stopped recognizing Utah's permit
because Utah does not require a live-fire test in order to receive a
permit…
http://www.sltrib.com/news/ci_13414251
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Park-Carry Stance Affects Tennessee Gubernatorial Race: Bill Haslam's
rivals for Tennessee's Republican gubernatorial nomination are finding
ammunition in the Knoxville mayor's position on guns. Senate Speaker
Ron Ramsey of Blountville and U.S. Rep. Zach Wamp of Chattanooga, both
vocal supporters of gun rights, are targeting Haslam's support for a
Knoxville City Council vote earlier this week that keeps in place a
ban on handguns in city parks, playgrounds and sports fields. "Once
again Mayor Haslam comes down on the wrong side of our Second
Amendment rights guaranteed in the Constitution," Wamp said in a
statement. The state Legislature this year passed a law that allows
handgun carry permit holders to bring their weapons into city and
county parks. But the law gives local governments the power to opt
out. About 70 cities and counties have decided against allowing people
with permits to go armed in local parks…
http://www.knoxnews.com/news/2009/sep/24/092409webgunreax/
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Oops, Wrong House: A Lexington [KY] man is behind bars after police
say he tried to break into the wrong home overnight. A man says he was
taking a shower early this morning at his home on West Fourth Street,
when he heard something just outside his house. He told police he went
around to check it out, and saw a man trying to break in through a
window. That's when the homeowner grabbed a gun and held the would-be
burglar at gunpoint, while he called 9-1-1. Police later caught up
with and arrested Donovan Campbell. He's now in jail, charged with
burglary. That homeowner runs a business out of his home, and he says
he was tired of being broken into, so he decided to put a stop to it.
http://www.wtvq.com/news/273-would-be-burglar-stopped-by-homeowner.html#
Meanwhile, in Tennessee…: A woman in Mount Juliet got a scare this
week when a man broke into her home while she was in the shower. The
intruder quickly ran out, but the woman grabbed her gun and shot at
his car. Police arrested Franklin Fish a short time later. The woman
identified him as the burglar. Detectives believe Fish is wanted for
several other home break-ins. (The use of deadly force in this
situation seems questionable.)
http://www.wsmv.com/news/21107209/detail.html
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Rule Five Reminder: The accidental shooting death of a 2-year-old girl
in Vacaville [CA] serves as a reminder to parents of the importance of
gun safety. The National Rifle Association set out guidelines for
parents in order to educate their kids about guns. But Lincoln Rifle
Club President Leonard Zick said it's not just the children who need
that education. "If you don't have the working understanding of
firearms, just the fact that you have a firearm in your house is not a
smart thing," Zick said. Lincoln Rifle Club member Martin King said
he's owned guns practically his whole life. "My dad used to let me put
a gun on my bike and ride out to the country and shoot it," King said.
But firearm safety is paramount, he said. In addition to keeping his
guns locked in a safe, King also taught his children about gun safety
from a very early age. "Small children should be taught if there's a
gun in the house they should be taught, that it's not a toy," King
said. (Rule Five: Maintain control of your firearm. This does not mean
that all firearms must be locked in safes but, if a firearm is kept
loaded for defensive purposes, it is best kept on the person of a
responsible adult.)
http://www.news10.net/news/local/story.aspx?storyid=67561
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Some Thoughts on Self-Defense: …The primary uses of firearms are
recreation and self-defense. Relatively few people have any issues
with firearms used for the recreational purposes of target shooting
and hunting. More people seem to have issues with firearms used for
self-defense. Every living thing on this planet is born with a natural
right to defend itself. Every bug, every cat or dog, and every human
being. Some people doubt this, at first. To those I ask, "Do you own
your body? Or do the police?" (...pause for reflection...) "If you own
your body, are you not responsible for its well-being and protection?"
Ultimately your self-defense is up to you, not your local police. You
are going to be the first person on the scene of a crime directed at
you or someone close by; not the police. In a case of violent crime
committed against you, the police are for cordoning off the crime
scene with yellow plastic tape, after the fact…
http://www.capitolhillblue.com/node/19859
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Interesting Observation: The issue of the best SHTF gun has been
worked top to bottom, bottom to top and side to side and back again,
it is nothing new. Some will say a .22 rifle or shotgun, others will
suggest an AR-15 or some other center-fire magazine fed rifle and a
few will tell you a bolt action is the most logical choice. While they
aren't wrong – at least under certain circumstances, they fail to see
the big picture or fail to realize what really happens after a
collapse. It would seem many survivalists have been influenced by
Hollywood or writers of fiction and can't separate reality from
illusion. Leave make-believe to armchair commandos and teenage boys…
In a recent study it was found that 90% of police and civilian
self-defense shooting occurred at ranges of less than 15 feet. With
34% being from contact to 3 feet. I can't find one justifiable
civilian self-defense shooting taking place at 100 yards or beyond -
if you know of a documented case please let us know. Like any firearm,
handguns are encumbered by a number of limitations; namely low power
and limited range compared to a rifle or shotgun - but a handgun can
be there when you need it and that is most important... (I am reminded
of an article by the late Skeeter Skelton in which he argued that if
could only keep one firearm it would likely be a S&W K-22, a six-inch
.22-caliber revolver. While a .22 is not optimal for self-defense, in
a survival mode, one is much more likely to find small game, such as
rabbits and squirrels, than large game, such as deer and elk.)
http://www.thesurvivalistblog.net/2009/09/best-shtf-gun.html
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