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NRA Granted Time to Argue in McDonald: The Supreme Court this morning
granted a motion by the National Rifle Association for argument time
March 2, when the justices will consider whether the Second Amendment
individual right to bear arms applies against state and local
restrictions on firearms. The NRA will take an unspecified number of
minutes from the plaintiffs who are challenging Chicago's gun
restrictions, and who are represented by Alan Gura of Gura & Possessky
of D.C. and Virginia. The case is McDonald v. City of Chicago. Adding
the NRA to the list of those arguing may seem unremarkable, but in
fact, the NRA has not been the pivotal player in the recent Supreme
Court litigation over the Second Amendment. That title goes to Gura,
something of an upstart, who took the landmark D.C. v. Heller case to
the high court in 2007. As we reported at the time, there were old
rivalries and no love lost between Gura and NRA lawyers, whom Gura
felt were obstacles, not allies in the litigation… So why did the
Court grant the motion? Clement is a familiar face at the Court, and
his presence may also represent a "cover all bases" strategy by
justices who favor incorporation but are uncertain how the privileges
or immunities argument will play out. Asked about the Court's decision
Clement said, "I think the grant of the NRA's motion may signal that
the Court is interested in ensuring that all the avenues to
incorporation, including the due process clause, are fully explored at
the argument." Clement added, "Of course, I look forward to working
with Alan." … (First, the NRA actually tried to sandbag Parker, the
case which became Heller, ostensibly out of fear that the time was not
ripe for such a big gamble. Second, many people fear that if McDonald
is won via the "due process" clause of the Fourteenth amendment,
instead of via the "privileges and immunity" clause, the power of the
federal judiciary will again be expanded.)
http://legaltimes.typepad.com/blt/2010/01/nra-will-argue-in-second-amendment-case.html
…The lawyers for Otis McDonald and his co-plaintiffs are libertarian
activists, who are pushing an aggressive and potentially risky
constitutional theory to the Court. Without getting too much in the
legal weeds, McDonald is arguing that the Court should extend gun
rights to the states through the little-known Fourteenth Amendment
Privileges or Immunities Clause, and overrule a venerable precedent
from 1873 called the Slaughter-House Cases, which protects state
sovereignty by limiting the reach of Congress and the courts. The
Slaughter-House Cases is only one step removed from Marbury v. Madison
as one of the most important cases in American history… The problem is
that this approach could endanger gun rights. The narrower your focus
when arguing a case, the easier it is to get a court to go along with
you. The broader your argument, the steeper the hill you must climb…
For that reason, the National Rifle Association is working hard to
keep the focus of this case where it belongs, on gun rights. Whether
the Second Amendment gives 300 million Americans a right against state
or local laws that ban guns is a monumentally-important issue for
personal liberty, and so the NRA's argument presents only that issue
before the justices…
Meanwhile, Back in DC…: The outstanding lawyer Alan Gura, who won the
case before the Supreme Court that struck down the ban on ownership of
firearms in the District of Columbia today argued our case for the
right, not only to "keep," but to "bear" arms, i.e., to carry them in
public. Alan's smart and focused and we've got a strong case. Cato
Chairman Robert A. Levy, who funded the previous case entirely out of
his own pocket, made the case for the right to carry in an article in
the Washington Post last year: "Gun Owners' Next Victory in D.C."
That's the same Robert A. Levy who wrote "The moral and constitutional
case for a right to gay marriage" for the New York Daily News earlier
this month. Bob is neither a gun owner nor gay; he's just a decent
person who believes in liberty and the rule of law. Oh, and he's
brilliant, too.
http://tomgpalmer.com/2010/01/23/our-case-for-the-right-to-bear-arms-argued-today/
---
Campus-Carry Movement under Attack: Special interests hostile to armed
citizens and self-defense are once again spreading tired lies about
Students for Concealed Carry on Campus and its mission. In press
releases published mainly by anti-gun websites and blogs, groups such
as the Campaign to Keep Guns Off Campus and the Brady Campaign claim
that all efforts to rescind defense-free zones on college campuses in
2009 failed. Echoing similarly loaded and inaccurate allegations made
earlier in the year, the notoriously anti-gun groups claimed failure
in every state that considered concealed carry on campus legislation,
calling such bills "dangerous," "radical" and "extremist." These
allegations come on the heels of legislation announced in three states
(Georgia, Arizona and Virginia) which would remove arbitrary bans of
concealed firearms on campus…
http://www.opposingviews.com/i/opponents-of-self-defense-recycle-old-lies
---
Colorado, South Dakota to Consider Firearms Freedom Acts: Introduced
in the State Senates of both Colorado and South Dakota last week is a
bill known as the "Firearms Freedom Act." If passed, the bill would
make state law that "any firearm, firearm accessory, or ammunition
that is manufactured commercially or privately in the state and that
remains within the borders of the state is not subject to federal law
or federal regulation, including registration, under the authority of
Congress to regulate interstate commerce." This now makes Firearms
Freedom Acts already passed in Montana and Tennessee, and currently
introduced in these 21 states: Alabama, Alaska, Arizona, Colorado
Florida, Georgia, Kentucky, Michigan, Minnesota, Missouri, New
Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota,
Texas, Utah, Virginia, Washington, and Wyoming. According to Gary
Marbut of the Montana Shooting Sports Association and author of the
original bill that was introduced in Montana, "It's likely that FFAs
will be introduced soon in West Virginia, New Mexico, Idaho, Kansas,
Arkansas, Louisiana, North Carolina and maybe elsewhere" South
Dakota's Senate Bill 89 (SB89) was introduced by State Senator Rhoden,
and has 22 Senate co-sponsors and 44 House co-sponsors. Colorado's
Senate Bill 092 (SB10-092) was introduced by State Senator Schultheis
and has 9 Senate co-sponsors and 7 House co-sponsors…
http://blog.tenthamendmentcenter.com/2010/01/colorado-south-dakota-firearms-freedom-act-introduced/
…The "Firearms Freedom Act" model legislation that is "sweeping the
nation" is merely political grandstanding and promises something that
none of the politicians supporting it are able to deliver. The promise
of the Firearms Freedom Act is that firearms manufactured entirely in
one state would be free from federal regulation. The promise is
merely illusory, as the legislation will make no difference in Montana
or any other state that adopts it. The United States Supreme Court
has already ruled that Congress has the power under the Commerce
Clause to regulate firearms manufactured in one state. In 2003, the
Ninth Circuit Court of Appeals, which sits in California, held that
the Commerce Clause did not permit Congress to regulate a machine gun
manufactured purely intrastate. See U.S. v. Stewart. This had the
result of making unregistered homemade machine guns legal in the Ninth
Circuit if there was no state law banning them. The Supreme Court
vacated the opinion, however, and remanded to the Ninth Circuit to
re-evaluate its holding on the basis of Raich v. Gonzalez, which held
that medical marijuana grown for home use, with no intention to engage
in interstate commerce, was subject to Congress's power to regulate
interstate commerce. On remand, the case was reversed, since if
Congress can ban homemade marijuana, there is no reason to believe
that Congress cannot ban a homemade machine gun… (I'm sure that there
were also those who questioned the value and import of the Boston Tea
Party. Whether or not the legislators who introduce these bills can
prevail against the federal Leviathan, the fact that they sense the
political value of introducing them says a lot.)
Washington Gun Owners Protest "AWB" Bill: Although the press corps is
already sounding Taps over Senate Bill 6396, which would ban the
future sale of so-called "assault weapons" and heavily regulate those
already in private possession, gun owners are planning a strong
turnout in Olympia Tuesday morning for a hearing on the measure. They
want to "send a message" to the bill's sponsors – State Senators Adam
Kline (37th District), Jeanne Kohl-Welles (36th District), Darlene
Fairley (32nd District) and Joe McDermott (34th District) – and their
colleagues that banning guns in the Evergreen State is an idea that
simply will gain no traction among gun rights voters. Backers of the
bill have been practicing graveside politics to push the measure. The
slayings of five police officers – four at the Parkland massacre and
one in Seattle – and a Pierce County deputy sheriff have been fully
exploited by Washington CeaseFire and the Brady Campaign to Prevent
Gun Violence…
New Hampshire Bill Would Repeal Gun Ban: The House Rules committee
today allowed Rep. Gene Chandler, R-Bartlett, to file a bill that
would repeal the weapons ban now in place at the State House. Earlier
this month the committee blocked Chandler's bill, which he proposed
after House deadlines had passed. At the time, a joint House-Senate
committee that controls uses of state buildings was considering a
second vote on the ban. Rules members said until that issue was
settled, and the ban was still subject to being overturned, it would
be premature to allow the introduction of the bill. On Jan. 15, the
Legislative Facilities Committee voted to keep the ban that it first
imposed last month. The ban reinstates a policy that was in force for
at least a decade, ending in 2006. It includes the Legislative Office
Building, connecting tunnels and the historic Upham Walker House…
Meanwhile, in Texas…: Gov. Rick Perry said Friday that he's not for
increased security at the Texas Capitol after a shooting incident on
its south steps this week. Perry said that "the last thing I want is
the Texas Capitol to turn into DFW Airport," referring to security
checkpoints that have become familiar features of airport terminals.
Fausto Cardenas remained in Travis County's jail Friday, charged with
felony deadly conduct in the Thursday shooting. Witnesses said he
fired gunshots into the air and was reloading when state troopers
tackled him. Perry said enough people in Texas have concealed handgun
licenses to deter violent criminals. "That keeps us all safer," he
said. His comments came as he accepted the endorsement of the Texas
State Rifle Association and the National Rifle Association. Perry's in
a tough fight with U.S. Sen. Kay Bailey Hutchison for the May 2
Republican nomination for governor.
http://www.nbcdfw.com/news/local-beat/Perry-I-Dont-Want-Capitol-to-Be-Like-Airport-82445607.html
Contrary Editorial:
http://www.statesman.com/opinion/it-s-time-for-metal-detectors-at-the-195197.html
---
Crittenton Pleads Guilty to DC Gun Charge: Washington Wizards player
Javaris Crittenton pleaded guilty today to a misdemeanor for bringing
a handgun into the Verizon Center last month, prosecutors and
Crittenton's lawyer said. Senior Judge Bruce Beaudin of D.C. Superior
Court sentenced Crittenton, 22, to a year of unsupervised probation.
Crittenton will also have to perform community service with an NBA
program for Haiti and with a children's organization in Washington.
The charge - possession of an unregistered firearm - stems from an
argument Crittenton had with teammate Gilbert Arenas in December. This
month, Arenas pleaded guilty to a felony gun charge, and he's
scheduled to be sentenced in March…
http://legaltimes.typepad.com/blt/2010/01/wizards-crittenton-pleads-to-gun-charge-lawyer-says.html
A Detailed Account:
Oops, Wrong Apartment: The Kern County [CA] Sheriff's Office has
determined that a deadly shooting Monday morning was self-defense. Two
men were shot at an apartment complex on the 2100 block of McCray
Street, according to a sheriff's office news release. Buck McKay, 29,
died, and an unidentified man is reportedly in critical condition at
Kern Medical Center. Deputies were called to the complex about 5 a.m.
There, they found McKay suffering from a single gunshot wound to the
head. He was taken to KMC, where he later died. The second man was
taken by private vehicle to Memorial Hospital and then taken to KMC.
Investigators determined that McCray and the other man came to the
apartments with a gun and "became involved in a disturbance with Jesse
Ash," according to the news release. Ash, 26, and Gregory Alexander,
28, were interviewed by detectives and released. The shooting is still
under investigation, but detectives believe Ash shot both men in
self-defense. The sheriff's office didn't specify what sparked the
confrontation.
http://www.bakersfieldnow.com/news/local/82607612.html
---
Oops, Wrong House, California Version: Police say a man opened fire on
two prowlers who broke into his Oxnard home, striking one of them
multiple times. Police say the man called 911 after seeing two
prowlers in his backyard Monday morning. Before police arrived, the
intruders had forced open a locked door leading into the home. The man
said he opened fire with a handgun when they ran toward him. Both
intruders then ran out of the house. Police say a 31-year-old man was
found lying in the driveway with multiple gunshot wounds. He was taken
to a hospital where he was listed in stable condition. Police say the
second intruder, who reportedly also had been shot, was seen running
from the neighborhood and remains at large.
http://www.mercurynews.com/breaking-news/ci_14268488?nclick_check=1
---
Oops, Wrong House, New York Version: A 52-year-old city man shot a
22-year-old man in the chest Wednesday evening, but police said he is
not expected to be charged after investigators learned he was likely
defending himself from a burglar. The younger man, Parrish C. Spencer
Jr., of Falls Street, broke the window of a side door and kicked in
the door about 5:30 p.m. to get inside the two-story home of Willie J.
Carson in the 500 block of 25th Street, police said. After Spencer got
inside and went upstairs, Carson shot him, police said. Spencer is in
stable condition today at Erie County [Medical Center. Investigators
found broken plexiglass at the scene. Captain Ernest C. Palmer, chief
of detectives, said Carson was not charged but the case has been
turned over to the Niagara County district attorney's office for
further investigation. Charges may be filed against Spencer, Palmer
added.
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