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More McDonald Analysis: …Justice John Paul Stevens made it clear again
and again that even if incorporated against the states, a Second
Amendment right could and even ought to be restricted to the narrowest
version of Heller: commonly used weapons for self-defense in the home.
Even Scalia made it clear that he doesn't think state level
restrictions on concealed carry would necessarily be in danger under
an incorporated Second Amendment, and both Chief Justice John Roberts
and Justice Kennedy made it clear that an incorporated Second
Amendment does not mean a Second Amendment whose reach was as wide as
the gun rights community might like. Roberts spelled it out like this:
The Second Amendment "is still going to be subject to the political
process if the Court determines that it is incorporated in the Due
Process Clause. All the arguments [Chicago's lawyer Feldman made]
against incorporation it seems to me are arguments you should make in
favor of regulation under the Second Amendment. We haven't said
anything about what the content of the Second Amendment is beyond what
was said in Heller." That's worth remembering as we wait for the
decision and its aftermath. In the usual media scrum outside the
courtroom as the hearings let out, the Brady Center's Paul Helmke was
OK with losing complete bans on commonly used weapons such as
Chicago's, but insisted most (though he denied many even existed)
local gun regulations are sensible public safety measures and would
certainly survive future legal challenges even if Gura wins. The NRA's
Paul Clement cagily refused to say what sort of lawsuits the NRA might
file challenging other state gun regulations in the event of a
McDonald victory…
http://reason.com/archives/2010/03/04/guns-for-all-privileges-and-im
…Roberts here, as in prior cases, is seemingly operating from a
philosophy of judicial minimalism. Most prominently articulated by
Obama-confident and law professor Cass Sunstein in his 1998 book, "One
Case at a Time," minimalist decisions strive to narrowly decide cases
based on their facts, attempting to avoid the implications of a broad
ruling in order to address politically divisive issues on the Court
without polarizing its members. This preference is distinct from the
conception of judicial restraint preferred by many conservatives and
originalists, who endorse a restrained judiciary to preserve the
democratic lawmaking process, not to avoid sweeping decisions.
Federalist 78 supports this view, where Hamilton considers the
judiciary as "the least dangerous branch" because "courts must declare
the sense of the law." Judges who "exercise[s] WILL instead of
Judgment" substitute "their pleasure to that of the legislative body."
Two problems emerge with judicial minimalism however, First, its
avoidance of broad rulings by carving out narrow grounds for the
Court's decision often leads to ambiguous results, as was the case in
Planned Parenthood v. Casey, affirming the "essential holding" of Roe
v. Wade while rejecting its reasoning.
http://dailycaller.com/2010/03/05/roberts-the-restrained/
---
Nice Thought, Wrong Facts: Someone who is drunk shouldn't be handling
a gun, but that doesn't justify a ban on concealed carrying in all
places that serve alcohol. On Tuesday, the Virginia House of Delegates
joined the state Senate and voted 72-to-27 to overturn this ban. Gov.
Robert F. McDonnell's signature is all that stands in the way of
getting rid of this dangerous restriction… The facts are clear.
Despite misleading claims to the contrary by the Brady Campaign to
Prevent Gun Violence and the Violence Policy Center, permit holders
are law-abiding individuals who are extremely careful with their guns.
This general rule applies in states that allow concealed handguns in
bars. Permit holders simply haven't been getting liquored up and
harming others through irresponsible conduct. Virginia hasn't had any
problem with open carry in restaurants, so it's hard to understand why
anyone thinks there could be a problem with concealed handguns. Take
Florida and Texas, two states that allow concealed handguns in bars.
Between Oct. 1, 1987, and Jan. 31, 2010, Florida issued permits to
more than 1.7 million people. Only 167 have had their permits revoked
for any firearms-related violations. That is a minuscule 0.0098
percent revocation rate. The vast majority of those revocations were
not for violence, but merely for accidentally carrying a gun into a
gun-free zone. During the past 16 months, there was only one incident
involving a firearms-related violation… (Usually it's the left that
confuses restaurants and bars. Currently, 42 states allow firearms in
restaurants that serve alcohol, with Virginia and Montana mandating
open carry and Arizona mandating concealed carry. Texas distinguishes
bars, where firearms are prohibited, from restaurants by the
percentage of revenue derived from the sale of alcohol, hence the 51%
sign in that state. Florida bans firearms in any portion of an
establishment licensed to dispense alcoholic beverages for consumption
on the premises, which portion of the establishment is primarily
devoted to such purpose. In other words, if a restaurant has a
separate section for a bar, the firearm may not be carried into that
section. If you travel and patronize bars, be sure to check each
state's laws.)
http://www.washingtontimes.com/news/2010/mar/05/guns-in-the-saloon/
---
Where the Guns Are: The U.S. State Department recently published an
updated travel advisory which specifically notes the increasing
violence along Mexico's northern border and in major cities… For
students thinking they will spend some extra money and visit a "safer"
city further south, a State Department advisory from last summer said:
"Crime in Mexico continues to occur at a high rate, and it can often
be violent, especially in Mexico City, Tijuana, Ciudad Juarez, Nuevo
Laredo, Acapulco, and the states of Sinaloa and Durango. Other
metropolitan areas have lower, but still serious, levels of crime."
This is all very curious, because gun control proponents claim it's
the availability of guns that fuels violence. Researcher David Kopel
found that Mexico prohibits gun ownership of calibers above .22, and
actively discourages owning even those. The Telegraph reported that
Ciudad Juarez, just across the border from El Paso, Texas, is now the
"murder capital of the world," with a murder rate of 133 per 100,000
inhabitants in 2008, nearly 50 times greater than El Paso's murder
rate of 2.8. Law-abiding citizens can carry concealed handguns in
Texas: According to Brady's Helmke, the increased presence of handguns
should have resulted in the death rates being reversed…
Sharp Dissent in New York Permit Appeal: In a rare written dissent,
Judge Robert S. Smith has taken his six colleagues on the New York
Court of Appeals to task for not finding the "substantial
constitutional question" that would allow them to review a judge's
denial of a pistol permit to a Westchester County, N.Y., attorney.
Smith said the refusal of the court to hear an appeal in Kachalsky v.
Cacace (pdf), SSD4, highlights the "amorphous definition" that the
judges have come to attach to "substantial" and how it is at odds with
provisions in Article 6, §3(b)(1), of the state Constitution and
provisions of CPLR 5601 and 5602 governing when the court recognizes a
right to appeal in civil cases… Kachalsky v. Cacace presented the
question of whether Penal Law §400.20(2)(f), which requires "proper
cause" for the issuance of a license to carry a concealed handgun,
violated the Second Amendment of the U.S. Constitution. Smith argued
that there could hardly be an issue posing a more "substantial"
constitutional question for the court. Kachalsky raises the questions
of whether the Second Amendment limits the states or the federal
government from issuing gun-possessing permits and whether a
prohibition from carrying a concealed weapon without proper cause is
consistent with the Second Amendment, Smith wrote…
Delaware Governor Opposes RKBA Bill: Gov. Jack Markell has blasted
proposed legislation that would bar Delaware's housing authorities
from prohibiting their tenants to own firearms. The effects of House
Bill 357 would go far beyond Delaware's four housing authorities and
extend to almost every facet of life, Markell wrote in a letter
Wednesday to Millsboro Democratic Rep. John Atkins and Georgetown
Republican Sen. Joe Booth, sponsors of the bill. The legislation,
Markell wrote, "will put the public at significant risk if enacted.
This legislation prohibits state and local governments, our
universities and colleges, our schools and others from imposing or
enforcing common sense measures designed to protect our citizens from
illegal gun violence." Dover resident John Sigler, former two-term
president of the National Rifle Association and a former Dover police
officer, said Markell's letter is "obviously designed for emotional
appeal." The letter shows that "a broad bureaucracy" of state agencies
have taken it upon themselves to write regulations better left to the
General Assembly, Sigler said, and "it shows a total disregard for the
law-abiding citizen" by assuming they would misuse firearms simply
because the restrictions were removed…
http://www.delawareonline.com/article/20100305/NEWS02/3050343
---
Oklahoma Senate Passes Firearms Freedom Act: State Sen. Randy Brogdon
has won Senate approval for the Oklahoma Firearms Freedom Act. The
measure passed with overwhelming bipartisan support - a vote Brogdon
says mirrors the values of most Oklahomans. The Senate approved
Senate Bill 1685 on Wednesday on a vote of 39 to 3… Under the
provisions of Senate Bill 1685, no firearms or ammunition manufactured
in Oklahoma and remaining in the state could be subject to any federal
regulations, including federal registration requirements… SB 1685 now
moves to the House of Representatives for further consideration.
http://www.ktul.com/news/stories/0310/712673.html
---
Virginia Senate Blocks RKBA Bills: Senate subcommittee created to
block pro-gun legislation voted Thursday to shoot down numerous
proposals to loosen the state's gun laws, including a measure to
repeal Virginia's ban on buying more than one handgun per month.
Republicans and gun rights advocates cried foul when the subcommittee
was created earlier in the week and given the authority to kill bills
without a vote of the full committee. Though the practice is common in
the House, the Senate rules call for subcommittees to make
recommendations to the full committee… One likened the effortless
rejection of 10 pro-gun bills to the "Ides of March," the fateful day
Julius Caesar was assassinated. Republicans suggested they would try
to demand a full committee vote on Monday. "If the Senate can't follow
their own rules you start wondering why people should follow the
Senate's rules?" said Philip Van Cleave, president of the pro-gun
Virginia Citizens Defense League. Brushing off complaints, Senate
Courts Committee Chairman Sen. Henry Marsh said he would not put the
bills on the docket for a vote…
http://www.wtkr.com/news/dp-va--xgr-gunbills0304mar04,0,3119189.story
…Marsh appointed the five-member subcommittee just Monday, stacking it
with Democrats who favor gun control. Marsh said he formed the panel
because the full committee already had devoted significant time to gun
legislation this year. Republicans and gun rights advocates said
Marsh's move was an end run around the full Courts of Justice
Committee, where bills could have picked up support from pro-gun
Democrats…
http://www.roanoke.com/politics/wb/238763
---
West Virginia House Approves Tax Holiday: West Virginia would suspend
sales taxes on gun purchases during the first weekend of October under
legislation that unanimously passed the state House of Delegates Feb.
26. The Second Amendment Appreciation Act would mandate that the first
weekend of every October become a sales tax holiday for gun purchases.
The lead sponsor, Delegate Scott Varner, D-Marshall, said the holiday
could actually bring in increased tax revenues, given that
bargain-hunting shoppers likely will buy other things that are taxed…
Should the bill become law, West Virginia would become one of a small
but growing number of states choosing to suspend state sales taxes on
guns for part of the year. South Carolina and Louisiana both exempt
firearms sales from state sales taxes for at least two days of the
year. Lawmakers in Mississippi, Illinois and Oklahoma are considering
adopting their own tax holidays… The Second Amendment Appreciation Act
will next go to the state Senate, which must approve it before it's
sent on to the governor's desk for possible adoption into law.
http://www.statejournal.com/story.cfm?func=viewstory&storyid=76152
---
However, in Mississippi…: A bill creating a two-day sales tax holiday
for guns and ammunition in honor of Second Amendment Weekend has died
amid lawmakers' concerns over the state budget. Rep. Warner McBride,
D-Courtland, authored House Bill 1207, which had 39 cosponsors,
including several from South Mississippi. But the House Ways and Means
Committee didn't take up the bill. Lawmakers wanted more information
about the proposal, McBride said… The legislation would waive sales
taxes on rifles, shotguns, handguns and ammunition on Friday and
Saturday of Labor Day weekend. The National Rifle Association and some
hunting groups support Second Amendment Weekends that Louisiana and
South Carolina have enacted. Sporting goods stores in Louisiana
reported a boost during the tax holiday, according to the Baton Rouge
Advocate. McBride said the state is likely losing business to
Louisiana. Supporters said the bill also might help Mississippi
attract out-of-state shoppers on Second Amendment Weekend because they
could find big savings on gun and ammo purchases just before several
fall hunting seasons open…
http://www.sunherald.com/2010/03/04/2002554/sales-tax-holiday-for-guns-is.html
---
Arizona Senate Advances Stiffer Preemption Bill: The Arizona Senate is
poised to broaden the state's restrictions on local gun-control laws.
State law already generally pre-empts local ordinances on
transportation, possession, sale or use of firearms and ammunition,
but the law given preliminary approved Thursday goes farther. It would
prohibit local governments from enacting laws more restrictive than
state law and specifically prohibit ordinances that limit possession
of guns in parks. Also, local governments could not regulate the
discharge of firearms. (Specifically, SB 1168 was approved yesterday
by the Committee of the Whole but faces potential hostile amendments.)
http://www.azstarnet.com/news/state-and-regional/article_e05de916-bfec-5877-8c29-b6e3da237701.html
---
Arizonans Charged in Straw Purchases: So, investigators say, the
27-year-old convicted felon recruited a quartet of women in their 20s
to purchase firearms for him in the past six years. A grand jury
indicted Suggs; Bethany Rose Hanna, 26; Rachel Schiavo, 24; Michael
Scott Ortega, 28; Alexandra Gittings, 21; and Christianna Millan, 21,
on Tuesday on charges of forgery, assisting a criminal syndicate and
conspiracy. Suggs pleaded guilty to aggravated assault in December
2006, but prosecutors allege he began his criminal syndicate in 2003,
said William Newell, special agent in charge for the U.S. Bureau of
Alcohol, Tobacco, Firearms and Explosives. The people charged this
week were paid and coerced to buy the weapons, Newell said. But he
said they all committed a crime when they filled out forms to purchase
the weapons and handed them over to Suggs. Investigators have
recovered eight weapons. They believe 35 were purchased and used in
crimes including burglary, kidnapping and robbery in Arizona, Nevada
and California, Newell said…
http://www.azcentral.com/arizonarepublic/local/articles/2010/03/04/20100304mcaoatf0305.html
---
Oops, Wrong House: He's 70 years old, and his health isn't what it
used to be, but Raymond Michel is not someone who should be taken
lightly. The south Bakersfield [CA] resident shot at a suspected
burglar in his house Wednesday afternoon and held the man at gunpoint
until police arrived. The suspect, identified by police as John Jenaro
Garner, tried to get up twice, but Michel warned him to stay down…
Michel and his wife, Dawn, had returned home on Ivan Avenue about 1
p.m. after taking their grandson to a doctor's appointment. The
9-year-old grandson noticed a light on in a downstairs bedroom and
asked his grandmother if she had left it on. Dawn Michel said she
looked in the room and noticed some items weren't where they were
supposed to be. Then she and her grandson went outside and saw a
garbage bag on the ground, along with a window screen that had been
knocked out of a second-floor window. Jewelry and money were in the
bag. Dawn Michel told her husband someone had been in the house.
Raymond Michel said he armed himself with a handgun and walked
upstairs. Items from the bedroom closet were strewn about the floor,
and Raymond Michel noticed that the bathroom door was almost
completely closed. He and his wife always keep that door open. He
kicked the door, and it stopped partway as it struck the intruder,
Raymond Michel said. The suspect stepped from behind the door and
leveled a rifle at the homeowner, he said. Raymond Michel, who said he
was holding his handgun at waist level, pulled the trigger. The bullet
went through the door, shattered the upper left corner of the mirror
and entered the wall. The suspect dropped to the floor, and Raymond
Michel at first thought he had hit him. But then the intruder tried to
get up, Raymond Michel said… (All's well that ends well but it might
have been wiser to wait outside and dial 911 since there was no
immediate threat to life or limb.)
Arizona Shooter Acquitted, for Now: After less than an hour of
deliberations Thursday a Yavapai County seven-woman, five-man jury
acquitted Steve Solomon of all counts of aggravated assault and
endangering. Seven equestrians accused Solomon, 53, of Williamson
Valley of firing a rifle at them as they rode near his property on a
trail ride up Mint Wash from the Prescott National Forest. Solomon, a
machinist, took the witness stand in his own defense and explained
that he was unaware of the riders' presence and wore ear protection
that kept him from hearing their yells. He testified that he shot his
AK-47 semi-automatic rifle at a target on Oct. 5, 2008, to scare away
animals after a mountain lion or coyote killed three goats on his
property… However, Solomon faces additional legal woes. The Yavapai
County Attorney's Office indicted him again in January on seven
additional endangering and three stalking charges stemming from the
same case. Although Kelly filed a motion for double jeopardy that he
believes will eliminate the endangering charges, the stalking charges
remain. The riders allege Solomon stalked them by taking pictures,
Kelly said… (Rule Four: Always be sure of your target and what's
beyond it.)
http://www.dcourier.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=78406
---
Unintended Consequences: Minutes after Randy Reddick Jr. sent his two
young sons to his truck to get the coat and hat he had left on the
front seat, one of the brothers ran back into their apartment
screaming. "I shot my brother! I shot my brother!" the 10-year-old
cried Saturday afternoon. "I didn't mean to do it." Reddick, 31, said
he raced down the stairs from his third-floor Deerfield Beach [FL]
apartment to find his oldest son and namesake on the ground next to
the black Dodge pickup. Randy Reddick III, 11, had the coat in his
hand. Beside him was the wide-brim hat, full of blood, as if he had
been wearing it, his father said. In the truck was a 40-caliber Glock
pistol that Reddick had left in the vehicle's console. The boy had
been shot in the face… Usually, Reddick said, he carries the weapon in
a holster under his shirt. But he had taken off the holster and gun
and put them into the console when he stopped at the Oakland Park post
office to pick up his mail. Firearms are prohibited on federal
property… (This is really a Rule Five reminder: Maintain control of
your firearm. Without seeking to minimize the father's lack of
awareness that he had not recovered his pistol from the console, there
is also the unintended consequence of forcing people to disarm, in
order to enter gun-free zones.)
http://www.miamiherald.com/2010/03/01/1505809/boy-10-accidentally-kills-brother.html
---
Tangentially Related: A DNA-matching technique often used in forensics
has been called to the stand. Fine-grained analysis of DNA found in
cell structures called mitochondria suggests that it can vary widely
between tissues, making samples tricky to compare. "I wouldn't say
that it throws other results out the window, but it does throw a curve
ball," said Nickolas Papadopoulos, a Johns Hopkins University
geneticist and co-author of the study, published March 4 in Nature… In
the mid-1990s, law enforcement added mitochondrial DNA comparison to
its forensic genetic toolkit. Because there are so many mitochondria
in each cell, readable copies of their genomes can often be found even
when the nuclear genome has been damaged. This is especially useful
for old, highly degraded biological samples. Mitochondrial
DNA-matching is based on the assumption that it doesn't vary much in
an individual: Aside from a few inevitable mutations, mitochondrial
DNA are generally supposed to be the same in, say, heart cells and
hair cells. But when Papadopoulos' team applied the latest in
gene-sequencing technology to mitochondrial genomes from nine tissue
types in two people, that's not what they found…
http://www.wired.com/wiredscience/2010/03/forensic-mtdna/#ixzz0hB7hpSJH
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