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NRA Hit for McDonald Role: Yesterday the Supreme Court granted the
NRA's motion for divided argument in McDonald v. Chicago. What this
means is that Alan Gura's 30 minutes of argument time on behalf of
Chicagoland gun owners just became 20, with 10 going to former
Solicitor General Paul Clement, whom the NRA hired at the last minute
to pursue this motion and argument. (Full disclosure: Alan Gura is a
friend of mine, and of Cato.) The NRA's motion was premised on the
idea that Alan had not fully presented the substantive due process
argument for selective incorporation of the Second Amendment -
presumably out of an outsized concern for the Privileges or Immunities
Clause arguments about which I've previously blogged and written a law
review article. This is a highly unusual argument and is a facial
slap at Alan's abilities as an advocate. Sadly, it's also typical of
how the NRA has behaved throughout this case and before that during
the Heller litigation - sabotaging Alan at every turn and showing
again and again that, even in the face of winning arguments that fully
support its legal positions, the NRA prefers to seek glory for itself
rather than presenting the strongest case for its purported
constituency of gun owners… If the NRA were concerned about the final
outcome of the case, it would be unlikely to attack Alan's strategy or
question his preparation (an odd way to be "helpful" to one's side).
It is not a stretch to predict that this case will be favorably
decided at least in part on due process grounds, however, so what we
are seeing here is likely an attempt by the NRA to position itself as
responsible for such a victory - and that Alan isn't. Ultimately,
then, the NRA is engaging here in fundraising, not liberty-promotion
or ethical lawyering.
Gun-Free Zones Attract Terrorists, Part 2: Yesterday we took a look at
the effect gun free zones can have on the target selection process by
terrorists, whether foreign or domestic. Since the goal of such an
attack is to cause as much death and destruction as possible, it is
logical that a location where civilians are prohibited from owning
firearms would be a more attractive target. Examples of terrorist
attacks and shooting sprees halted by armed citizens, whether law
enforcement or otherwise, support this hypothesis. One thing that our
public officials can be maddeningly good at is taking the wrong course
of action in an attempt to "do something." Some nutcase tries to light
his shoes on fire on an airplane and the next thing you know millions
of people are shuffling through security checkpoints in their stocking
feet. So the next amateur terrorist sticks the destructive compound in
his underwear instead. Net result: zero…
Colorado RKBA Activists May Sue over Campus-Carry Ban: A coalition of
Second Amendment advocates is threatening to sue CSU because of the
university system's proposed ban on carrying concealed weapons on
campuses and said it has the support of Larimer County Sheriff Jim
Alderden in opposing the ban. The Rocky Mountain Gun Owners group is
planning a Feb. 1 news conference at which Alderden is expected to
declare that he will not jail anyone caught violating the proposed
policy. Without elaborating, Alderden on Monday confirmed his position
to the Coloradoan. Colorado State University is one of the sole public
universities that permits people to carry concealed weapons on its
campuses. The CSU Board of Governors next month will consider a ban on
all weapons on campus. That ban would extend to people who have
concealed weapons permits but also would apply to pellet guns and
Tasers…
Hypocrisy in Washington "AWB" Hearing: More than 300 Washington gun
owners descended on the John A. Cherberg Building in Olympia Tuesday
morning for a hearing on SB 6396, the so-called "assault weapons" ban
legislation sponsored by Senate Judiciary Chairman Adam Kline.
Opponents of the bill vastly outnumbered its supporters, and for many
in the audience who had traveled several hours to reach the capitol,
it was disappointing that Kline allowed only 30 minutes for the
hearing, and only a handful of speakers – evenly divided between pro
and con – were allowed to speak. The crowd spilled out into the
hallway, and at least a couple of auxiliary hearing rooms were jammed.
What may become a focus of the hearing because of its subliminal
theatrics was the appearance by Bellevue Police Chief Linda Pillo in
support of the Kline bill. Several in the audience, including National
Rifle Association lobbyist Brian Judy, were astonished when Pillo
claimed to be "here today representing myself and my personal
opinions," yet she was in full uniform, complete with duty belt and
sidearm…
Ohio – Hunting and CCW: It was just a few years ago that Buckeye
Firearms Association, along with support from the NRA, led the effort
to obtain the ability for concealed handgun license holders to carry
concealed while hunting. Working with the law enforcement side of the
Division of Wildlife and with a major effort at the spring open house
events by Buckeye Firearms supporters and volunteers, we were able to
accomplish the goal without additional legislation… At that time
emphasis for protection centered on the explosion of meth labs and the
use of remote locations and wildlife areas as dumping grounds for the
waste by-products of meth production. Since hunters were likely to be
the ones out early and in remote areas, we felt they were at the most
risk of surprising meth lab operators dumping or of bumping into a
wanted felon. Since the hunting firearm could not legally be loaded
before or after hunting hours, hunters were effectively disarmed while
leaving or returning to their vehicles…
http://www.buckeyefirearms.org/node/7082
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Parking-Lot-Storage Bills Advance in Indiana: The Indiana state
senate, in a commanding, 41-9 vote, decided Monday to protect
employees' right to store firearms in their locked vehicles. The
bill, SB 25, would prevent empoyers (with a few exceptions) from
prohibiting workers from keeping firearms locked in their vehicles
parked on company parking lots… The failure of last year's similar
legislation notwithstanding, supporters might have more grounds for
optimism this year, as the House version, HB 1065, seems to have some
momentum behind it, having passed a committee vote by a 10-1 margin…
California Coffee Chain Posts Gun Ban: The notice posted in the window
of the Peet's Coffee & Tea seemed out of place. It was from the Peet's
corporate office letting the public know about a policy that prohibits
customers from carrying firearms. A closer look, however, uncovered a
bigger issue and a movement. There are pro-gun groups encouraging
Americans to come out of the closet and exercise your right to carry a
firearm. Open Carry Dot Org is becoming a force in this drive; it's
even influencing lawmaking all over the country. "An armed society is
a polite society" says Walter Stanley, an Open Carry advocate. But
Stanley and a group of his believers walked into a Peet's in San Ramon
with guns strapped to their hips. The San Jose Mercury News chronicled
the moment with videotape. But the truth is: they did nothing illegal.
It's not against the law to carry a gun in plain sight in California.
But, that gun must be worn in a holster and it cannot be loaded.
Stanley says, "There have been studies that show that law abiding
citizens, with more guns out there on the street. That equals less
crime and I'm all for that." …
http://www.fox40.com/news/headlines/ktxl-news-gunsandpeets,0,2623007.story
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California Samaritan Faces Felony Charge: A young man from Arnold will
appear in court today on felony allegations that he negligently
discharged a weapon. Paul Mandell, 19, fired his 20-guage shotgun
twice at around 10 a.m. Dec. 29 in an attempt to defend himself and
prevent a man accused of assaulting a woman from leaving the scene, he
said… According to Mandell, Souza continued to yell and became even
more upset. Mandell again told him that he didn't need to go anywhere
because the cops were on their way. At that point, Souza indicated he
was going to leave and walked over to his late-model Ford F-150 and
got in. "If you get in your truck we're going to have a problem,"
Mandell said. "That's the time I leveled my gun at him. I told him,
'If you don't get out of the truck, we're going to have some issues.'
I stood in front of the truck, about 10 feet away. He would have to go
right through me to leave." Souza then started the truck and began to
drive forward, Mandell said, adding that he felt threatened by Souza's
actions. "When I heard him put his foot on the gas, I shot out his
driver's-side front tire," Mandell said. "It didn't stop him. He kept
coming, a little more, so I sidestepped the vehicle and shot out the
back tire driver's side, at which point he stopped." …"All in all, I
wish I had handled things differently but I stand by my decisions,"
Mandell said. "Had I been more awake, I probably wouldn't have gone
outside." …(What threat would there have been to innocent human life
if Souza had driven off, to be contacted at a later time by police?
Most people don't realize that the first few minutes they are awake,
they are actually functioning as though they were just over the legal
line of alcohol intoxication.)
http://www.calaverasenterprise.com/articles/2010/01/26/news/news03_samaritan.txt
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Oops, Wrong House: A burglar was shot Tuesday morning by a homeowner
in Spartanburg County [SC]. The incident happened at a home at 632
Nodding Hill Road about 9:30 Tuesday morning. According to the
Spartanburg County Sheriff's Office, deputies found Rick Clary
standing in the driveway of his home, shotgun in hand. Clary told
investigators that he was asleep inside the home when he heard the
sound of breaking glass. He then said he grabbed his shotgun, went to
the backdoor, and saw someone reaching through the broken door window,
trying to unlock the door. Clary fired one shot at the suspect, saying
he believed he hit the suspect with the shot. Two suspects fled on
foot, but left a car registered to Apple Auto Rental, along with a 9mm
pistol. The pistol turned out to be stolen. Soon afterwards, a
16-year-old male juvenile arrived at a local emergency room, suffering
from shotgun wounds to his hand and forearm. Investigators were able
to determine that the teen was one of the individuals involved in the
break-in. The juvenile, identified as Jamarous Rogers, has been
charged as an adult, with one count each of Burglary 1st Degree and
Possession of a Weapon during a Violent Crime. Investigators are
searching for two more suspects.
New York FFL Stung by F Troop: The owner of Panunzio's Guns, Route 37,
said he was duped by federal authorities when he sold a rifle to a
woman he later learned was an undercover agent… Mr. Panunzio said he
recalled a man visiting the shop several months ago looking to buy a
rifle. "The fellow came in once before and filled out the proper
papers and was denied," Mr. Panunzio said. "He came back a month or
two later with a woman. She filled out the papers and wasn't denied."
Mr. Panunzio said that until he was informed by ATF agents Tuesday, he
didn't know the Browning rifle sold to the woman actually was for the
man who was denied ownership. He said he also was told both
conversations were recorded by the undercover agents… (So a
79-year-old man is expected to make the connection with a NICS denial
two months earlier? When I rode in LASD traffic units we used to joke
about "DWO," Driving While Old. It sounds as though it is now becoming
illegal to be "FFLWO.")
http://www.watertowndailytimes.com/article/20100127/NEWS05/301279948
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Guns = Anger?: …I'd been a crack marksman as a youth and a gunnery
officer in the Navy, where I'd been able to fire the gamut of small
arms as well as the 5-inch guns on my ship. So it was no surprise
that, after moving to Washington and seeing an ad for a pistol range
in Northern Virginia, I went to the range one afternoon and shot off a
box of ammo. It was kind of fun, and I had the usual number of
bull's-eyes. Afterward, there was a little conversation in my head
that taught me something. It went like this: "Do I want to do this
again or maybe buy a gun?" The answer was no. So I asked myself a
question, "Why not?" It surprised me when the answer came back, like a
voice spoken by someone else in my head: "Because I'm not angry." …
(If this guy dies at the hands of a violent criminal, I assume it will
be with a pleasant smile on his face.)
More Firearm Ignorance: Authorities in central New Jersey seized a
cache of weapons and ammunition including rifles, a grenade launcher
and a night vision scope from the motel room of a Virginia man
arrested early Monday by officers responding to a report of a
suspicious person, MyFoxDC.com reported… Forrest said Woodson was
wearing a bulletproof vest and carrying a semiautomatic Bushmaster
rifle concealed under his green, military-style jacket when officers
encountered him at a Quick Chek store in Branchburg shortly before 4
a.m. Monday… Forrest said the .223-caliber assault rifle that Woodson
was carrying had a defaced serial number and had been altered to fire
.50-caliber ammunition… (The AR-15 platform is designed in a manner
that allows the lower receiver, legally the firearm, to accept a wide
variety of upper receivers, including of different calibers. There is
at least one company selling .50-caliber uppers for AR-15's
[http://www.alexanderarms.com/siteshopper.htm?cat=14&item=20], a
concept developed for the US Coast Guard, which sought such a firearm
for breeching purposes. Additionally, Bushmaster now offers a couple
of non-AR-15 rifles chambered in .50 BMG as well as a couple of
AR-15's chambered in their proprietary .450 Bushmaster caliber. None
of these remarks are intended to mitigate any criminal intent on the
part of Woodson.)
http://www.foxnews.com/story/0,2933,583912,00.html
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Hunter Novel – Plenty of Errors: …I know Mr. Hunter is writing
fiction, but I wish he had stayed away from trying to make readers
think he might be writing about Carlos Hathcock. Because in doing so,
he diminishes the memory of one of the most modest, generous patriots
of the 20th century. Moreover, the book contains multiple reporting
errors. Mr. Hunter should have been more diligent, especially because
he is being marketed by his publisher as an expert on matters
tactical. The 7.62x51 168-grain boat tail hollow-point bullet, for
example is, according to Mr. Hunter, "unanimously used in its Federal
or Black Hills loading by most SWAT teams as well as nearly all Army,
Marine Corps, Air Force, and Navy dedicated marksmen, combat or
otherwise. It was the magic bean that terminated the lives of three
Somali pirates in April '09 in one well-coordinated moment."
Unanimously? Not quite. Law enforcement does indeed rely on the
168-grain round. Most military snipers, however, use the 175-grain,
Open Tip Match M118 LR round (although many will soon use the heavier
7.62x67 .300 Winchester Magnum). And special-operations snipers use
whatever's best for the job, which can vary from the 168-grain
MatchKing for shorter shots, to 300-grain 338 Lapua Magnum or highly
specialized 7.62 rounds for longer ranges. The Somali pirates,
according to multiple sources in more than one special
operations/asymmetric warfare unit, were dispatched by 77-grain
MatchKings fired from .223 EBRs (enhanced battle rifles), not 7.62
weapons…
http://www.washingtontimes.com/news/2010/jan/27/stylish-but-wrong-on-guns/
---
Three Indicted for Embezzling Glock: Three men have been indicted in
Georgia for allegedly trying to steal $3 million from gun maker Glock.
The indictment handed down by an Atlanta-area grand jury Friday says
the three men conspired from 2000 until early last year to steal the
money. Jeffery Pombert, James Harper III and Jerry Chapman are charged
with theft by taking and violation of a state racketeering law. The
indictment says Harper worked as an outside legal counsel for
Austrian-based Glock's U.S. headquarters in Smyrna, near Atlanta. It
said the men transferred funds and assets from Glock to personal bank
accounts they had set up. Harper and Pombert have been released from
Cobb County jail on bond. Chapman was still in jail Tuesday. The
company said Tuesday it has no comment.
http://www.poststar.com/news/national/article_4fc59287-7621-5ce6-bd29-ed74e329d5ce.html
---
Tangentially Related: Responding to an executive order by President
Obama, a new push is under way for states to adopt laws limiting the
use of their National Guard units unless there is an invasion,
insurrection or other limited circumstance. As WND reported, Obama's
order establishes a new "Council of Governors" designated to advise on
the "synchronization and integration of state and federal military
activities in the United States." The recent order, posted on the
White House website, was accompanied by the explanation that the group
is to work "to protect our nation against all types of hazards." It
comes just weeks after the president issued a similarly obscure order
vastly expanding INTERPOL's privileges in the U.S. The White House
said the new council is to include governors and administration
officials to review "such matters as involving the National Guard of
the various states; homeland defense, civil support; synchronization
and integration of state and federal military activities in the United
States; and other matters of mutual interest pertaining to National
Guard, homeland defense, and civil support activities." However, there
was no definition of the group's authority. Can the council recommend
"military activities" and can the governors, who already are in
command of their own state guard units, mandate activities outside of
their areas of jurisdiction? The White House did not respond to WND
questions on the issue…
