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More on McDonald v. Chicago: …The 14th Amendment contains two phrases
that could be used to protect individual rights against state and
local government encroachment. The one that seems most clearly
designed to do so is what Sen. Howard referred to above as "the first
section," the Privileges or Immunities Clause, which says "No State
shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States." However, that clause has
been a dead letter in American jurisprudence since the Supreme Court's
1873 decision in The Slaughterhouse Cases, an incredibly convoluted
set of challenges to a legal slaughterhouse monopoly in New Orleans…
That's exactly why so many jurists of all persuasions have been
hesitant about reviving it as an active part of contemporary
jurisprudence, although nearly all legal scholars agree that the
Slaughterhouse interpretation of the clause was dead wrong. One
encouraging sign that the Supreme Court might be ready to rethink it
is Justice Clarence Thomas's declaration in his Saenz dissent in 1999
that he "would be open to reevaluating [the Privileges or Immunities
Clause's] meaning in an appropriate case." Gura may have given him the
case he's been waiting for… Gura may be shooting for the moon in
asking the Supreme Court to finally knock down Slaughterhouse after
all these years. Fortunately, victory for him and the citizens of
Chicago does not depend on this risky strategy. He's leaving room in
his arguments for the court to decide in his favor through the means
they've used to selectively incorporate the Bill of Rights since the
premature death of the Privileges or Immunities Clause - the Due
Process Clause of the 14th Amendment, which has come to mean not
merely the procedures used by government but "substantive" due process
as well…
http://reason.com/archives/2009/10/01/the-supreme-court-takes-on-gun
…Sen. Jacob Howard's speech to the U.S. Senate in 1866 provides a
glimpse into what was going through the minds of the people who
actually drafted the Fourteenth Amendment. Howard said:
To these privileges and immunities, whatever they may be – for
they are not and cannot be fully defined in their entire extent and
precise nature – to these should be added the personal rights
guaranteed by the first eight amendments of the Constitution; such as
the freedom of speech and of the press; the right of the people
peaceably to assemble and petition the Government for a redress of
grievances, a right pertaining to each and all of the people; the
right to keep and bear arms; the right to be exempt from unreasonable
searches and seizures, and from any search or seizure except by virtue
of a warrant issued upon a formal oath or affidavit; the right of an
accused person to be informed of the nature of the accusation against
him, and his right to be tried by an impartial jury of the vicinage;
and also the right to be secure against excessive bail and against
cruel and unusual punishments. (Emphasis added.)
…There's no guarantee, of course, that the Supreme Court's eventual
decision in the current case, called McDonald v. Chicago, will focus
on the congressional debates of some 120 years ago. But if you're the
betting type, I'd give you good odds that it will. And here's another
bet: If the Supreme Court justices can define a fundamental right to
privacy that "is broad enough to cover the abortion decision" and
render certain state laws invalid - even though the words "privacy"
and "abortion" appear nowhere in the text of the U.S. Constitution -
would they really want to risk a public outcry by ruling a
well-documented right to self-defense is somehow less fundamental? …
(This is from CBS, no less.)
http://www.cbsnews.com/blogs/2009/10/01/taking_liberties/entry5354594.shtml
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Lawsuit to Validate Montana Firearms Freedom Act: The Montana Shooting
Sports Association (MSSA) and the Second Amendment Foundation (SAF)
filed a lawsuit in federal court in Missoula today to validate the
principles and terms of the Montana Firearms Freedom Act (MFFA). The
MFFA was enacted by the 2009 Montana Legislature, signed by Governor
Schweitzer, and becomes effective today, Oct. 1… "We feel very
strongly that the federal government has gone way too far in
attempting to regulate a lot of activity that occurs only in-state,"
explained MSSA President Gary Marbut. "The Montana Legislature and
governor agreed with us by enacting the MFFA. It's time for Montana
and her sister states to take a stand against the bullying federal
government, which the Legislature and Governor have done and we are
doing with this lawsuit. We welcome the support of many other states
that are stepping up to the plate with their own firearms freedom
acts." "We're happy to join this lawsuit," said SAF founder Alan
Gottlieb, "because we believe this issue should be decided by the
courts." …
http://firearmsfreedomact.com/2009/10/01/gun-groups-file-lawsuit-to-validate-montana-firearms-freedom-act/
http://www.cbsnews.com/blogs/2009/10/01/taking_liberties/entry5356494.shtml
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The Beat Goes On: A national shortage on ammunition is hitting close
to home. Tom Moore, owner of Frewsburg's Spectacular Sports, said he
has been at the shop for 54 years and has never experienced an
ammunition shortage like the current one. "I never saw anything like
this," he said, adding that occasionally when a new caliber first
comes out, it may be in demand at first, leaving store shelves empty
of that type. Lately, however, he said, it's been tough to keep things
in stock. In the beginning of 2009, Moore said, there was a "huge
demand" for weapons as gun sales spiked when President Barrack Obama
took office due to concerns people had about proposals they thought he
would make limiting guns…"People who used to buy one or two boxes of
shells were now buying one or two cases," said Piatz… Chautauqua
County [NY] Undersheriff Charles Holder said pistol permit
applications are also "way up" this year in the county. In 2006, 254
pistol permits were issued, 252 were issued in 2007, he said. In 2008,
he said 320 were issued, and, in 2009, 536 have been issued so far, he
said, calling that "a drastic increase." …Holder said it is hard to
attribute why they are seeking them to one reason only, but, he said,
those seeking permits that he has talked to have said they are fearful
of restraining federal gun legislation or increased state taxes on
guns, leading them to want to purchase now…
http://post-journal.com/page/content.detail/id/541337.html?nav=5018
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Iowans Rally Tomorrow for Shall-Issue CCW: Iowa Carry, an organization
devoted to preservation of Second Amendment rights, will hold a rally
noon Saturday in Library Square in Estherville. A free lunch will be
provided. According to Larry Walders, Iowa Carry Emmet County
coordinator, Saturday's rally is to acquaint local citizens with the
concealed carry law in Iowa. "There's 99 counties and there's 99
different policies," Walders said. Walders said a bill will be
introduced in next year's Iowa Legislature to change the law from
stating that county sheriff's "may issue" to "shall issue" concealed
weapons permits to applicants. Walders said the legislation will
provide that permits shall be issued provided an applicant does not
present a public threat…
http://www.esthervilledailynews.com/page/content.detail/id/504527.html
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Minimum Age for Concealed Carry: Has anyone ever wondered why we trust
young adults 18 and older to get married, sign legal contracts, go to
battle on behalf of our Country utilizing powerful weapons and tools
such as fighter planes, tanks, & rocket launchers, yet in all but 13
States we don't trust the very same young adults to defend themselves
with a concealed handgun while conducting their business here at home?
I have. I certainly would like my daughter to not be denied the right
to fight off a rapist with a concealed weapon if she were to be
attacked while walking home or to her car after her college class is
dismissed or while she walks down any sidewalk… To summarize my map,
one State, Missouri sets the minimum age at 23 years old to conceal
carry [sic], thirty-four States plus DC set the minimum age at 21,
eleven States set the minimum age at 18, two States set the minimum
age at 16, and two States forbid concealed carry altogether… (Arizona
DPS, historically, has tended to mirror the FBI NICS standards unless
specifically directed otherwise by the state legislature. Missouri
accepts out-of-state permits for its own residents and, I'm told, does
not seem to make an issue of the age of the holder. As to states that
allow concealed carry at 16, note that federal law restricts firearm
possession by juveniles [those under the age of 18].)
http://dustinsgunblog.blogspot.com/2009/10/map-of-minimum-age-to-conceal-carry.html
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Restaurant Carry – Is Ohio Next?: Concealed carry permit holders in
the Grand Canyon State can now bring their firearms with them into
restaurants and other establishments that serve alcohol. The law,
which went into effect this week, prohibits them drinking while doing
so, and authorizes businesses to ban it on their premises by posting a
sign… A question for the hoplophobe business owners who feel so
inclined: Do you truly believe a sign is going to stop anyone intent
on doing evil? And is it your contention that guns in the right hands
can't provide protective benefits? Let's leave Arizona and look in on
the Buckeye State, where an armed robbery has been thwarted - in a
bar… The thing is, had it been an establishment full of just plain
ordinary "law-abiding citizens," things could have gone down very
differently - because Ohio law doesn't permit non-cops to have a
firearm in a bar. Not yet. A bill is in the works to try and change
that, and get something along the lines of what Arizona is
implementing…
Meanwhile, in Missouri…: The Missouri attorney general's office urged
the state Supreme Court on Wednesday to allow enforcement of a state
law banning gun possession by intoxicated people. A Mississippi County
judge ruled in 2008 that it was unconstitutional to bar intoxicated
people from possessing a gun in their own homes [emphasis added]. That
ruling tossed out a 2006 case against a southeast Missouri man found
unconscious in a chair with a loaded gun after he had threatened to
shoot himself - or make the police do it - when his wife said she was
leaving. According to court records, John L. Richard, of Benton,
threatened to kill himself and then took an unknown amount of morphine
and an antidepressant. Richard was charged with a felony for
possessing a loaded gun while intoxicated. Assistant Attorney General
Karen Kramer argued Wednesday that the state Supreme Court should
allow the case to be prosecuted because the state has a legitimate
interest in restricting guns from intoxicated people to protect public
safety… (In essence, if the earlier ruling is overturned, it would be
illegal for a gun owner to get intoxicated at home.)
http://www.kmov.com/localnews/stories/kmov-local-090930-guns-intoxication.1d02ac45c.html
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Bloomberg Appointment Boosts City Salary: Mayoral assistant Angelo
Roefaro's salary nearly doubled recently after New York City Mayor
Michael Bloomberg's Office chose him as the Mayors Against Illegal
Guns Upstate New York coordinator. Roefaro's official salary from the
city now will be $60,000 – though $45,000 of that will be reimbursed
through the organization. He also will receive a $5,000 travel stipend
from the non-profit. Roefaro said the new role would include seeking
out officials in other cities around the state to educate them about
the group and its advocacy platforms. "It's a really good thing to be
a part of," he said. "It's entrepreneurial. It's based on the daily
drumbeat of national, federal, state and local issues." As for the job
he already has as Utica Mayor David Roefaro's de facto public
relations head? "I just wear two hats, and I get it done," Angelo
Roefaro said. "I'm young." … (This case seems to be begging for a
lawsuit.)
Comments Still Accepted on Proposed Seattle Gun Ban: Seattle
residents, and presumably anybody who visits the city and utilizes its
public parks, the Seattle Center and other public venues, still have a
couple of days to comment on lame duck Mayor Greg Nickels' proposed
ban on firearms on all properties administered by the city's Parks and
Recreation Department. Comments may be submitted here. Deadline is
Oct.4. Under the latest incarnation of the Nickels ban, even
legally-armed citizens would be prohibited from park areas where
children might be present. This includes some 500 facilities around
the city, such as pools, baseball fields and community centers. The
mayor cleverly insists this isn't really a gun ban (that's against
state statute and the state constitution) but it would be a trespass
situation, where armed citizens would be asked to leave and if they do
not, they could be cited or arrested for criminal trespass by Seattle
police…
Former FFL, Companion Sentenced for Firearm Sales: The owner of The
Highland Gun Barn Inc. in Oakland County and his companion and
bookkeeper will serve at least four years behind bars in a federal
prison for illegal firearms sales… Kish had a federal license to deal
in firearms from the company's 1993 inception until the federal Bureau
of Alcohol, Tobacco and Firearms revoked it in 2005. At that time, the
ATF Division of Industry Operations found record-keeping violations
following its inspection of the Highland Township business. Agents and
the U.S. Attorney's Office allege the pair continued to sell firearms
from at least 2006 until undercover buys by ATF agents led to their
arrest in 2008. A convicted felon testified at trial that Kish and
Summers, both of Highland Township, repeatedly traded him stolen
merchandise for firearms at the Gun Barn in 2006-07… At their trial,
the defendants contended they sold personal weapons from a family
collection after the license was revoked, and they were no longer
engaged in a commercial enterprise.
http://www.crainsdetroit.com/article/20090916/FREE/909169989
F Troop Claims Progress in South Texas: Federal agents are disrupting
cross-border gun smuggling, and they're focusing on the Valley. After
a four month intense effort to stop gun smuggling, ATF agents are
pinpointing the smugglers and tips are leading them to our border… The
ATF agents say this operation gave them insight into how cartels are
getting weapons. They hope that inside look will eventually help them
stop the flow of guns to Mexico. The ATF is working closely with
Mexico. Mexican authorities are identifying people who are helping
the cartels on their side of the border. (All of this is of little
significance so long as Mexico's institutionalized corruption gives
the cartels access to the armories of the Mexican military.)
Texas Women Host Shooting Event: Last June, the Houston Daughters of
Liberty hosted a Women on Target event for new women shooters, which
takes place on October 10 at the American Shooting Center in George
Bush Park. n October 10, they are following up with a sporting clays
event, followed by an evening dinner and dance. Getting women and
their families involved in shooting sports is the best way to protect
our civil right of self-defense. Organizer extraordinaire Penny
Uselton said: "The June 15 Women On Target clinic was so successful
that we are planning to do another one for April 2010."
Teams are welcome. Sporting clays begins at 3 PM. For further
information, visit www.daughtersofliberty.com or call 713-553-0962.
Elsewhere in Texas...: …Wednesday afternoon Paula Ollie heard noises
at her house on Mapleleaf Drive. "Something just wasn't right. They
weren't knocking. They didn't ring the doorbell and they were
whispering," the 27-year-old woman recalled. Ollie reacted by
gathering several pool balls and putting them in her son's bicycle
helmet. "The pool balls just looked like the most aerodynamic,
heaviest, things I could get a hold of right then," she said. The
woman then went out the back door, clinched the helmet strap in her
teeth, climbed a tree and perched herself on top of the roof. "I
hollered out 'death from above!' I'm not kidding. And no sooner than
I said that, I started chunking pool balls at them." Staring down at
the two people she says were dressed in black, Ollie continued her
aerial attack. "I just started throwing pool balls at 'em and they
kinda started ducking and dodging and took off putting their hands
over their heads," she said. Ollie didn't get a good look at the
suspects, but says she managed to pelt both of them and watched as
they ran off in pain…Ollie said she grabbed the pool balls only after
she couldn't find her crossbow or pellet gun. (Mental preparedness,
the second priority, involves the willingness to use whatever is
available. Perhaps Ms. Ollie will now evaluate the purchase of a
firearm.)
http://cbs11tv.com/local/pool.ball.billiard.2.1221095.html
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Rule One, Rule Two Reminder: The family of a sailor slain in Newport
News is pressing the Navy to court-martial and dishonorably discharge
the fellow sailor convicted of killing her… In February, in a new
apartment complex for Navy sailors, Mackie, a sailor on the USS
Kearsarge, put a gun to the back of Trask's head and pulled the
trigger. Trask, a sailor on the aircraft carrier USS Dwight D.
Eisenhower, was friends with Mackie, whom she had dated. Mackie, a
petty officer, first told police he had tripped, and then said he
accidentally discharged the gun while cleaning it. He finally said he
was fooling around with the gun and didn't realize it was loaded.
Originally charged with second-degree murder, Mackie pleaded guilty to
involuntary manslaughter. In August, he was sentenced by Circuit Judge
C. Peter Tench to the maximum 10 years in prison. Given that sentence,
the Navy decided not to pursue a court-martial, said Herb Josey, a
public affairs officer with the Naval Surface Force Atlantic… (Rule
One: All firearms are always loaded. Rule Two: Never let the muzzle
cross anything you're not prepared to shoot.)
http://www.washingtontimes.com/news/2009/oct/02/parents-of-slain-sailor-eye-justice/
