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Coming Soon, to the Supreme Court: … The court also is considering
whether to hear several other cases with broad implications, such as
whether the Second Amendment right to self-defense, which the court
first identified last year, limits state weapons regulations. The 2008
decision, a 5-4 vote, split along ideological lines. The court's five
conservatives voted together in that case and have begun paring back
liberal precedents in others. But they have often failed to agree on
the reasoning behind shared outcomes, issuing separate concurring
opinions that differ in scope and stop short of fully overruling prior
decisions the four liberals fought to preserve. Some legal observers
think the conservative majority may be ready to move more forcefully.
"I'm hopeful that the chief justice will demonstrate a willingness to
overturn wrong precedent when the occasion for reconsidering the
precedent is ripe," says Ed Whelan, president of the conservative
Ethics and Public Policy Center and a former clerk for Justice Antonin
Scalia…
http://online.wsj.com/article/SB125417630049247539.html?mod=WSJ_hpp_RIGHTTopCarousel
The "Chicago Gun Cases" are now pending in the Supreme Court, which
should vote on September 29 whether to hear them or not. In the
meantime, yet another case is slowly moving in the same direction.
Like the Chicago cases, the main issue is whether the 2nd Amendment
applies to the States via the 14th Amendment. Nordyke v. King
challenges an Alameda County, California, regulation forbidding
carrying of firearms on county property, a rule that was aimed at
barring gun shows from the county fairground. Gun show organizers
filed suit in 1999 – yes, the case has bounced from one court to
another for a full decade! It finally arrived in the 9th Circuit Court
of Appeals, which covers the far west and has historically been
anti-gun… The en banc hearing was held on September 24. Based on past
votes, of the 11 judges, four or five were pro-gun, two were antigun,
and 4-5 were unknown. Nordyke's counsel, Don Kilmer, thought that two
of the unknowns seemed favorable during the argument. Few of the
questions were hostile to the core issue of applying the 2nd Amendment
to the States – most concerned whether gun shows could be held
elsewhere, or similar minutae. Five hours later, the Ninth Circuit
announced that it would hold the case, without ruling, until the
Supreme Court disposed of the Chicago gun cases. The Circuit saw no
reason to stick its neck out, guess what the Supreme Court will think
and get its decision reversed if it guesses wrong. If the Supreme
Court takes the Chicago cases, the Ninth Circuit will wait for the
results before ruling. If it declines the Chicago cases, the 9th
Circuit will have to rule (don't hold your breath: en banc rulings
usually take many months), and once it does, the issue may have a
second shot at the Supreme Court.
http://www.ammoland.com/2009/09/28/nordyke-another-right-to-arms-case/
---
The Man Who "Saved the Second Amendment": …In 2007, Judge Laurence
Silberman, senior judge on the U.S. Court of Appeals for the District
of Columbia, wrote a decision overturning the District of Columbia's
ban on handguns. The following year, the Supreme Court agreed with
him… To watch Judge Silberman explain his reasoning in the most
important Second Amendment decision in at least seven decades, click
here… (Note that this is a five-part set of video clips; as of today,
only the first two are posted.)
http://tv.nationalreview.com/uncommonknowledge/
---
GRPC a Big Success: The 24th Annual Gun Rights Policy Conference,
"Challenges Ahead," wrapped up this weekend, and was jam packed with
good information for pro-gun activists across the country. While we
are faced with a multitude of challenges from the economy and an
anti-gun administration, there is plenty of hope for the future if
we're willing to work for it. Alan Gottlieb, the architect of the
Conference who is also founder of the Second Amendment Foundation and
chairman of the Citizens Committee for the Right to Keep and Bear
Arms, was joined by top activists from around the country to present
on such topics as federal affairs, international treaties, state
legislation, and judicial precedents. One of the priorities this year
will be to continue to work towards national reciprocity of concealed
carry licenses. This would mean that a license or permit issued by a
state would be valid in all the others. There will also be efforts to
reform taxing for the firearms industry, work to expand gun rights for
college students, continuing efforts to preserve knife rights, and of
course we must always remain vigilant in defending our rights at all
levels…
http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d28-Gun-Rights-Policy-Conference-a-big-success
---
RKBA Activists Being Featured: In late July I was contacted by Max
Lemus, a young man traveling the country making a documentary about
"gun control," working title "Not Without a Fight." He is recording
interviews with selected activists involved in the gun rights
struggle. Long story short, we got together at the beginning of this
month and recorded a Q&A session that lasted over an hour. Naturally,
much of that will not appear in the finished documentary, as he has
many other people he's already spoken to, and many still to go. That
said, I was happy to see he's begun posting some of the raw footage on
YouTube. Two segments featuring yours truly follow… It looks like he's
got a lot of good names so far: Joel Rosenberg, Joseph Olsen, Brian
Jeffs, and two Gun Rights Examiners: Howard Nemerov in Austin and Skip
Coryell in Grand Rapids. More will be added - I understand Max is in
Washington, DC, today, taping Kenn Blanchard, and others will follow.
[UPDATE: I see two clips have been added featuring Minneapolis GRE
John Pierce.] …
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m9d28-Documentary-spotlights-gun-rights-activists
---
Bloomberg Group May Have Boosted Black Homicide Deaths: New evidence
indicates that New York City Mayor Bloomberg's gun control laws may
have resulted in an increased level of Black murder victims. A
previous article noted how the Mayors Against Illegal Guns (MAIG) is
really a gun ban organization. nother article showed how gun control
impacts Blacks more than Whites. In states which deny law-abiding
citizens from carrying concealed handguns, Blacks accomplish fewer
justifiable homicides, while Whites garner a greater percentage. In
Right-to-Carry states, these percentages are reversed, showing that
less gun control correlates with a Black citizen's increased freedom
to defend their life, business, and family. ayor Bloomberg, head of
MAIG, resides in one of the 10 remaining states which generally deny a
citizens' right to carry a concealed handgun for protection. New York
City (NYC) has addition laws and restrictions, requiring a lengthy and
expensive licensing and registration process in order to own a gun…
(While New York City is extremely restrictive with handgun licenses,
issuance is variable around the state. Many counties restrict the
licenses but there are some which issue "unrestricted" licenses, the
New York version of a carry permit.)
http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d29-Bloomberg-gun-control-and-racism
---
Restaurant Carry Reaches Arizona Tomorrow: Starting Wednesday, those
carrying concealed weapons are allowed to enter Arizona's roughly
5,300 establishments licensed to sell alcohol, as long as they don't
drink. If those bar and restaurant owners don't want guns on the
property, they must post a sign indicating that they are not allowed.
The law only requires one sign be posted in a "conspicuous" place,
near the establishment's liquor license. But Al McCarthy, owner of
Duke's Sports Bar & Grill in Scottsdale, put up three signs - one for
each entrance to his property - "as soon as the bill passed" nearly
three months ago. "I want to make sure there's no confusion as to
where this business stands on the issue," McCarthy said. "I have yet
to have a customer to tell me they wish I hadn't put up the sign."
…Janie Riddle, co-owner of the local chain Valle Luna, decided not to
post any signs banning firearms, saying that it would be "business as
usual" at the family's three Mexican restaurants. "We've never had a
problem in 26-plus years," said Riddle, whose husband, grown children
and various relatives also work at Valle Luna. "We basically talked
about it as a family and as a business and just decided it was in the
best interest to not prohibit law-abiding citizens from exercising
their rights under the Second Amendment." Riddle also said they felt
the presence of those carrying guns legally could deter trouble from
those carrying guns illegally. "I think it would get them to think
twice, big time," she said…
http://www.azcentral.com/arizonarepublic/news/articles/2009/09/29/20090929gunlaw0929.html
It is hard to miss the picture of a gun with the diagonal red cross
running through it as you enter Granny's Closet. Martin Zanzucchi,
owner of the well-known Flagstaff restaurant, said he had no other
choice than to paste the sign on the front door of his business. The
only other option would have allowed anyone with a state-issued permit
to carry a concealed weapon into the restaurant his family has owned
since the early '70s. "It is a bad law," Zanzucchi said simply, noting
the signs have been on his doors for several weeks… In downtown
Flagstaff, Tim Hay with Maloney's Tavern said he won't be posting any
signs. He, too, thinks the signs can easily be misunderstood. Some
patrons might think the business has had some kind of ongoing problem
with guns. In Maloney's case, that's not been a problem. Hay said his
staff will allow patrons to bring in the concealed weapons so long as
they follow the letter of the law - which includes a prohibition on
consuming alcohol while carrying a concealed weapon… (Flagstaff, home
to Northern Arizona University, has one of the largest concentrations
of "progressives" in Arizona.)
http://www.azdailysun.com/articles/2009/09/29/news/20090929_front_204626.txt
--
Tennessee County Drops Park-Carry Ban: Knox County Commission today
voted 13-5 in favor of allowing handgun permit holders to carry their
weapons in county parks. Voting to allow guns in parks were
Commissioners Tony Norman, Ivan Harmon, Mike Hammond, Craig Leuthold,
Richard Briggs, Brad Anders, Greg "Lumpy" Lambert, R. Larry Smith,
Michele Carringer, Bud Armstrong, Dave Wright, Mike Brown and Paul
Pinkston. Voting for the ban were Commissioners Sam McKenzie, Thomas
"Tank" Strickland, Mark Harmon, Amy Broyles and Finbarr Saunders.,,
Briggs pointed out that there has been no instances of emotional
people using baseball bats in confrontations at county parks so he
didn't expect parents to resort to using guns as a lethal weapon.
Those opposed to allowing guns in parks expressed concern because some
parents get emotional during sporting events in county parks… The
Legislature this year approved legislation allowing handgun permit
holders to carry their guns in local and state parks. The bill
included an "opt out" provision where cities and counties could opt
out of the legislation… (The Knoxville city council had already voted
to maintian its park-carry ban.)
http://www.knoxnews.com/news/2009/sep/28/commission-votes-support-guns-parks/
---
California Governor Flooded with Opposition to Anti-RKBA Bills: With
great support from Cabela's and major distributors throughout the
country, grassroots efforts to combat three anti-gun bills in
California have been so strong that the Governor's Office has had to
open up another fax line (916-445-4633) to handle demands that he veto
the anti-gun legislation. NSSF is encouraging all manufacturers,
retailers and distributors, along with all sportsmen, gun owners and
firearms enthusiasts, to continue calling, writing and faxing Gov.
Schwarzenegger's office urging him to veto AB 962 (ammunition
registration), SB 41(burdensome and unnecessary regulations that
duplicate existing requirements under federal law governing the sale
of firearms) and SB 585 (prohibitions on the lawful sale of firearms
and ammunition at the Cow Palace exhibition center). NSSF and the
California Association of Firearms Retailers (CAFR) urge all gun
owners in the state to contact the governor's office and respectfully
urge him to veto these anti-gun bills…
http://www.rightsidenews.com/200909296644/editorial/gov-schwarzeneggers-flooded-with-opposition-to-anti-gun-bills.html
http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d29-If-they-cant-take-your-guns-theyll-take-your-bullets
---
A Tale of Two Churches: Last week in Mitchell County, a man with gun
robbed a preacher in his church. The story notes that armed robbers
held up three deacons at a church in Camilla, Georgia, about a month
ago. What makes this ironic is that Georgia is one of only five
states that makes it illegal for a preacher, or anybody else, to carry
a firearm to or while at a church. The reason, of course, is
Georgia's infamous public gathering law, passed in 1870 to disarm
black worshippers and place them at the mercy of armed mobs. Georgia's
public gathering law has never deterred criminals, and, in fact, makes
it safer for criminals to ply their evil trade. Since most other
states do not have a gun ban for churches, the outcome of robbery
attempts on the local preacher is sometimes very different from what
happens in Georgia. Yesterday (Sunday), a preacher shot an armed
robber in Detroit, Michigan. The robber is expected to survive, but
we cannot help but observe that criminals in Michigan are learning a
very different lesson from criminals in Georgia. Churches may not be
such a soft target after all.
http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2009m9d28-A-tale-of-two-churches
---
Location, Location, Location?: The promotion was a simple concept, one
sure to generate sales - and maybe a little controversy: Buy a truck,
get a gun. But a central Ohio car dealer has found little interest
this month, from either truck buyers or the dueling sides of the
firearm-rights debate. Chesrown Superstore in Delaware is winding down
its "trucks 'n' guns" deal about two weeks after it started. Customers
who bought a truck, SUV or crossover also received a voucher worth up
to about $500 to a local hunting club to buy a rifle, shotgun or
crossbow. The promotion helped sell about 10 vehicles, said Ryan Gill,
Chesrown's Internet sales manager. The dealership sells General Motors
brands… Dozens of car dealers across the country have used some
version of this promotion, with wildly varying results. One of the
first and most high-profile examples occurred last year at Max Motors
in Butler, Mo. While Chesrown has shied away from any explicitly
political message - its online promotion ties the offer to hunting
season - Max Motors owner Mark Muller came out with his metaphorical
guns blazing. First, he offered a voucher for handguns. Then, this
summer, he offered a voucher for assault rifles, including the AK-47.
"It was extremely successful," Muller said. "We doubled our sales." …
(It sounds as though Muller understands the value of taking a
political stance, rather than catering to the hunting crowd. Max
Motors also uses its website for nationwide discounted sales of
American automobiles so not all of his increased sales may have been
local.)
http://www.columbusdispatch.com/live/content/business/stories/2009/09/29/guns.html?sid=101
---
Infamous Tacoma Gun Shop Won't Regain FFL: A gun shop in Tacoma linked
to the District of Columbia sniper case will not get its firearms
license back. Judge Ricardo S. Martinez of Federal District Court
ruled that the government properly revoked the license of Bull's Eye
Shooter Supply, operated by Brian Borgelt and Charles Carr, where the
snipers, John A. Muhammad and Lee Boyd Malvo, obtained weapons. The
two lived in the Tacoma area before the string of random sniper
shootings that left 10 dead in October 2002. (The trace of Muhammad's
Bushmaster XM-15 back to this gun shop led to the discovery of
multiple thefts from their inventory.)
http://www.nytimes.com/2009/09/29/us/29brfs-GUNSHOPWONTG_BRF.html?_r=1&ref=us
But…: Before the local and national press gloat too loudly over their
chance to report that a federal judge has upheld revocation of a
federal firearms license (FFL) to Tacoma's Bull's Eye Shooter Supply,
they need to get their story straight…or at least tell all of it.
Right now, reporters are telling half of a story, which is almost as
bad as reporting no story at all. True, in a ruling handed down last
Friday by U.S. District Judge Ricardo S. Martinez, the government was
found to have properly revoked the FFL of former Bull's Eye owner
Brian Borgelt. Unfortunately for Kris Kindschuh, the current owner and
operator of the gun shop, now known officially as Bull's Eye Shooter
Supply LLC, the Associated Press, Tacoma News Tribune, Seattle Times
and on-line Seattle Post-Intelligencer are not telling the rest of the
story, as the late Paul Harvey put it. And what is the rest of this
story? Bull's Eye Shooter Supply, located where it has always been, on
Tacoma's Puyallup Avenue, is still in business, and business is
thriving. Kindschuh reported Monday afternoon that his FFL – the one
he already had when he purchased the business in 2003 from embattled
former proprietor Brian Borgelt – had just been renewed for three more
years. This FFL is good through Aug. 1, 2012, and Kindschuh made it
clear his doors will stay open. The story so alarmed Kindschuh that he
faxed a copy of the just-renewed FFL to my attention for a report in
an upcoming issue of Gun Week…
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m9d28-Tacomas-Bulls-Eye-Shooters-Supply-is-still-open-owner-blasts-partial-coverage
---
Oops, Wrong Coin Collection: A man stealing a coin collection in a
Hilton Head Plantation home at noon Wednesday found himself running
for his life after the homeowner shot at him and chased him out of the
house. The unidentified man, who was armed with a large stick or club,
broke into a house on Teal Lane while the residents were inside,
according to a news release from the Beaufort County [SC] Sheriff's
Office. The intruder entered through the unlocked front door and
walked down the hall into a bedroom, where he started stealing a coin
collection, according to the release. The owner confronted the robber,
who threatened the owner and kept taking the coins, according to the
release. The owner ran to another room, grabbed a handgun and chased
the robber. The owner fired a shot and missed, and the robber drove
off in an SUV. Sheriff's Office spokeswoman Cpl. Robin McIntosh said
she did not know if the shot was fired while they were inside or
outside the home. The homeowner fell while chasing the robber and
suffered minor injuries. His wife, who also was home, was not injured,
according to the release… (It sounds as thought the homeowner followed
Rule Three and kept his finger out of the trigger guard.)
http://www.islandpacket.com/news/local/story/977062.html
---
Oops, Wrong Photo: A Roxbury man was sentenced to prison yesterday
after he admitted he posed his 17-month-old daughter with a firearm in
photos taken earlier this year, said Jake Wark, spokesman for the
Suffolk district attorney. Michael Majors, 20, pleaded guilty to
reckless endangerment of a child and unlawful possession of a Cobray
MAC-11 9mm firearm. Wark said Majors posed his daughter with the
weapon and an extended magazine in the photos, which were taken in
January. Majors also pleaded guilty to additional gun charges,
including unlawful possession of a large-capacity weapon; a large
capacity magazine, or gun chamber; a .38-caliber Colt Government
handgun; and various loose rounds of ammunition, Wark said. A Superior
Court judge sentenced him to three to five years in prison with three
years' probation. "It's not just chilling but incomprehensible that a
person would do such a thing with a child,'' District Attorney Daniel
F. Conley said in a prepared statement. Boston police found the photos
and weapons at the home of Majors's mother Jan. 15 after his child's
mother, Kismauri Pena, 21, called police to the home. Pena told police
Majors was armed and had stolen $100 from her and hit her…
http://www.boston.com/news/local/massachusetts/articles/2009/09/29/roxbury_man_who_posed_his_daughter_with_gun_is_sentenced/
---
Widow Learns Value of Inheritance: It sat on a shelf in the closet for
years, a rosewood case containing two Civil War-era revolvers with
ivory handles. The guns had been a gift from a friend to Sharlene
Perez's late husband, but they held no sentimental value for her. So
in June, she decided it was time to sell them. She slipped the case
into a sturdy Lord & Taylor shopping bag and took a taxi six blocks to
meet appraiser Greg Martin in midtown Manhattan, N.Y. She knew that
there were engravings on the barrels, that the grips were monogrammed
and that an inscription on the lid of the case indicated that
townspeople in Watertown, N.Y., had given the guns to William C.
Browne, a local man heading off to serve as a colonel in the Civil
War. In her most optimistic moments, Perez hoped the guns might net
$20,000. Instead, she "about keeled over," Martin said, when he told
her the guns were Colt 1851 Navy revolvers and might be worth 10 times
as much. He told her there would be an auction in Anaheim in
September. He told her he would set the appraisal value at $125,000 to
$250,000… But the combination of a matched set engraved by Gustave
Young - a master of that time period - the ivory grips and the
personalized nature of the Civil War connection raised their potential
value, Martin said…
http://www.latimes.com/news/local/la-me-gun-auction29-2009sep29,0,2142069.story
