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From GOA: With the retirement of the liberal justice John Paul Stevens
from the U.S. Supreme Court, there has been fervent speculation over
the weekend as to which anti-gun crazy will be nominated by Barack
Obama to succeed him. The successor could cast the deciding vote on
the constitutionality of ObamaCare. And there has also been
speculation whether Senate Republicans -- fresh from their bumbling,
feckless ObamaCare strategy - will pull their punches on a Supreme
Court nominee in order not to appear "obstructionist." Senate Campaign
Committee Chairman and Texas Senator John Cornyn said Republicans
would "bend over backwards both in appearance and in reality to give
the nominee a fair process." You may remember this was the same Senate
leadership team that "bent over backwards" on ObamaCare. And Obama,
Harry Reid, and Nancy Pelosi took advantage of their
"bent-over-backwards" position to kick them in the rear… If you have
at least one Republican senator, you can help. If all Senate
Republicans stand together, we can stop Obama from putting another
anti-gun justice to the Supreme Court… (Link will let you generate a
letter or e-mail to your Republican senators.)
http://gunowners.org/041310.htm
Democratic senators are urging President Barack Obama to abandon any
hope of winning broad Republican support for his upcoming Supreme
Court pick - and to nominate, instead, a dominant liberal voice who
will counteract the current conservative majority. Top Democrats say
the partisan fights over health care reform, the stimulus and other
issues show that the GOP won't play ball and that Obama shouldn't
compromise his principles - or theirs - in an attempt to win more than
a handful of Republican votes… Republican leaders insist they are
keeping an open mind about Obama's second Supreme Court pick, saying
they will do their due diligence in thoroughly reviewing the nominee's
record before taking positions. Arizona's Sen. Jon Kyl, the No. 2
Republican on the Judiciary Committee, said that most Supreme Court
nominees have been approved by wide margins - and there's hope this
one could be as well, despite the raging judicial wars in recent
years…
http://www.politico.com/news/stories/0410/35773.html
…"Who will succeed Stevens?" people in the know and out of it chorused
over the weekend. No one, of course, yet knows whom Barack Obama will
select to fill the second vacancy on the High Court of his presidency.
But by Monday, the guessing game had come down to a " Big Three" :
U.S. Solicitor General Elena Kagan, and U.S. Court of Appeals Judges
Merrick Garland (D.C.) and Diane Wood (Chicago). For now, the odds
favor the 57-year-old Garland, Harvard Law graduate and former Clinton
Administration official. Considered a liberal, although not as far
left as Stevens, Garland nonetheless has offended few Republicans.
Sen. Orrin Hatch (R.-Utah), a past Judiciary Committee chairman,
speaks highly of Garland and is considered likely to back him if he's
nominated. Prominent in both national legal circles and on the
Washington social scene, Garland first gained notice for doing much of
the legal work after the Oklahoma City bombings in 1995… (David Kopel
rated Garland "Limited but clearly negative record on right to arms.")
http://www.humanevents.com/article.php?id=36499
---
Alan Korwin's Analysis – McDonald Oral Arguments: In reviewing the
oral-argument transcript for the McDonald v. Chicago case, I can see
now why some was so hard to follow in the courtroom. Aside from bad
audio in the room during parts, much of the dialog depended on knowing
other cases everyone referred to. If you didn't know the case, you
couldn't tell what they were talking about. The Justices didn't miss a
beat. I missed several. Also, a lot of the dialog was in sentence
fragments, disjointed, poorly thought out, and hard or impossible to
assemble meaningfully… Before I begin let me say I like Alan Gura,
consider him a friend, and marvel at his accomplishments so far in the
gun-rights battle. In the end I think we will be OK with this case,
enough Justices seemed to lean toward protecting 2A, but it's probably
not an oral argument Alan will look back upon as his finest hour. He
does not shine well in my analysis that follows, because he got such a
serious whupping from the Court. That's just the way it is. They
rejected his core arguments. They threw him lifelines more than once
but he either didn't recognize it in the heat of the moment, or chose
not to grab on for dear life. I believe he has a stellar future for
himself and for us, but this black hole sucked all the oxygen out of
our lungs. In the chatter afterwards, many of the assembled experts
hung their heads and confided about how dismal it appeared to them. I
saw little with which to disagree… (I am not a legal scholar. I don't
know if there is any consistent "rule" about how much oral arguments
affect the outcome of a case before SCOTUS. Recall that briefs have
been submitted and, presumably, read before the oral arguments. My
impression is that the justices use the oral arguments to clarify what
they have read in the briefs and may already have decided, at least
individually.)
http://www.gunlaws.com/McDonald_v_Chicago_Orals.htm
---
Second Amendment March: Next Monday, April 19, is the scheduled date
for a pair of pro-gun rallies in the Washington, D.C. area, the first
being the Second Amendment March/Rally at the Washington Monument and
commons in the city, and the other being an event called the "Restore
the Constitution Rally" at Fort Hunt, just across the Potomac River
from the District of Columbia. Gun prohibitionists have already
started a media drumbeat to demonize these events, primarily by
quoting some of the individuals involved. These folks have admittedly
made some pretty interesting remarks at times, which the anti-gunners
are exploiting. This may, or may not, be fair to everyone planning to
participate; it is no crime to turn out in support of a
constitutionally-protected civil right, even when some event
organizers might be subject to criticism. It's an exercise of the
First Amendment in support/defense of the Second, after all. That
freedom of speech thing; it protects all kinds of comments, whether
one agrees or disagrees. All citizens are entitled to exercise it,
whether some like it or otherwise…
… Desperately seeking relevance in this latest battle of the War on
Guns, Josh Horwitz of the Coalition to Stop Gun Violence (renamed from
the National Coalition to Ban Handguns to mask its intent, although
that goal remains) waves his arms, screams "Me too!" and doesn't miss
a talking point, from conflating the purpose of the Second Amendment
March and Restore the Constitution Rally with the Oklahoma City
bombing, to painting the participants as violent haters. If we're to
believe him, the peaceable exercise of the First Amendment in support
of the Second is "an open threat." Just to show you what bad Group W
bench hombres those of us speaking at the rallies are, CSGV presents a
"rogue's gallery" of sorts, complete with damning quotes. Scroll to
the bottom of this linked page to see their entry for me…
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m4d13-Gun-ban-group-lies-aboutme
The much-discussed group that gives military veterans an oath to
defend their country against their government is pulling out of an
April 19 rally that was set to attract considerable media attention.
The reason: reports of inflammatory rhetoric from organizers of the
rally, who planned to display their guns… Oath Keepers founder Stewart
Rhodes will, however, speak at a pro-gun rights rally later that day
in Washington - where no firearms will be on display. Both rallies had
been catching flack for being scheduled on the anniversary of the
Oklahoma City bombing, which activists point out is also the
anniversary of the Battle of Lexington and Concord. (As I understand
it, Oath Keepers merely asks those who have already taken oaths to
uphold and support the Constitution to pledge not to follow orders
that violate that oath. It appears that Rhodes will not appear at the
Restore the Constitution Rally in Virginia.)
http://voices.washingtonpost.com/right-now/2010/04/oath_keepers_bails_on_open-car.html
---
The state Capitol was swarming with supporters of the Second Amendment
today, as about 250 people gathered on the steps for a rally and tour
of the building in preparation for a larger rally next week in
Washington, D.C. Although not as loud or as large as many past
demonstrations (for gun rights and other causes), today's event was
distinctive in one way - many if not most of the participants were
openly carrying firearms. Although they remained holstered or slung
over shoulders, the armed citizens were conspicuous as they strolled
the corridors and watched a session of the state House from a gallery
above the floor after the outdoor rally. Under Michigan law, those who
can legally own a firearm are permitted to carry it openly in most
public places. But today's demonstration tested the limits. Officers
at the State Police post at the Capitol said they initially believed
only handguns would be permitted inside, but later relented for those
with shotguns and rifles. The House and Senate chambers are gun-free
zones by rule of the individual chambers. Speaker Andy Dillon waived
the rule on the House side during their afternoon session. Brian
Jeffs, one of the organizers of the Michigan Second Amendment March,
said that neither open or concealed carry will be permitted at the
nation's capital, which has strict (gun rights advocates call them
oppressive) restrictions on firearms…
The third annual Patriot's Day Open Carry Walk will be held in Urbana
Saturday in commemoration of the "shot heard round the world" that
started the American Revolution 235 years ago. Thomas Horch of Urbana
said he and other advocates will gather to celebrate freedom and
exercise "the right to keep and bear arms" protected by the Second
Amendment to the U.S. Constitution. Horch said open-carry is legal in
Ohio and that many residents need to be reminded of that fact, so
public education is the primary purpose of the walk. Participants can
walk with holstered handguns, but long guns should be unloaded, with
detachable magazines removed, he said. Organizers will provide open
bolt/chamber indicator flags for anyone who needs one…
http://www.urbanacitizen.com/main.asp?SectionID=3&SubSectionID=5&ArticleID=153637
---
Aftermath of the Katrina Gun Grab: … According to Assistant City
Attorney Victor L. Papai, as of last October only three applicants had
turned in paperwork to get their guns back. Papai does not return
calls any longer regarding the tally. The city does not have their
guns and it only has to comply with the court order until October
2010. Local tavern owner JoAnn Guidos is one of those applicants. She
owns Kajun's Pub on St. Claude Avenue and boasts that her
establishment "never closes" and that people feel safe there because
they know that Guidos knows how to use firearms. During the aftermath
of Katrina, she kept the pub open for two weeks, running generators
and serving ice-cold beer and hot grilled food to the neighborhood,
press and visiting law enforcement. Meanwhile, around her, shooters
and looters, along with law enforcement, used St. Claude Avenue as the
only highway to and from the Lower 9th Ward… On November 12, 2008,
Guidos filed paperwork to get her five guns back and hand-delivered it
to a sergeant at a police station on Earhart in New Orleans. By
January 2009, when she had not heard anything, she contacted Holliday.
He contacted Papai, who told Holliday that he [Papai] already had
contacted Guidos by phone and by letter. Holliday then sent Guidos a
copy of the letter that Papai claimed to have sent her, dated Oct. 24,
2008 – supposedly written to her three weeks before she turned in her
claims. Guidos said, "I found it rather odd that the letter they sent
to me in response to my forms was written a month before I turned in
my forms." She says he never called her… (It's not clear why this
article has been removed from the Human Events website.)
Virginia Governor Signs Restaurant-Carry Bill: Governor Bob McDonnell
has signed into law a NRA-backed measure allowing right-to-carry
permit holders to carry a concealed firearm for self-defense in
restaurants, providing they do not consume alcohol. State Senator
Emmett Hanger (R-24) and Delegate Todd Gilbert (R-15) were the
principal sponsors of Senate Bill 334/House Bill 505… This law will
take effect July 1, 2010. In addition, Governor McDonnell has also
signed the following pro-gun bills into law… Virginians can thank
Governor Bob McDonnell for his Second Amendment support at (804)
786-2211 or click here to thank him via email. (As with most news
reports, the NRA release is misleading. Virginians, with and without
permits can not only lawfully carry exposed firearms into
establishments that serve alcohol, they can even consume alcohol while
doing so. The new bill allows those with permits to carry their
firearms discreetly [see vocabulary item, below], in exchange for
promising not to consume alcohol while doing so.)
http://www.nraila.org/Legislation/Read.aspx?id=5720
---
Would Georgia Bill Create Campus Carry?: Depending on the outcome of
Senate Bill 308, concealed weapons could be allowed on the grounds of
the University of West Georgia… The bill, introduced by state Sen.
Mitch Seabaugh, R-Sharpsburg, is currently being reviewed by the
Georgia House of Representatives. The legislation would give the
University System of Georgia's Board of Regents the option of banning
weapons on campus, but UWG Police Chief Tom Mackel does not think the
law is needed or clear. He said allowing students or staff to carry
concealed weapons would not make for a safer campus. "What happens
then when someone brings a gun on campus? Is it a matter of policy
violations or did they break the law?" Mackel asked. "I think there
would be many more deaths as a result." … Seabaugh said that about
400,000 people have permits to carry a gun in the state of Georgia. He
said Georgia is one of two states that has a 1,000-foot protection
zone around campuses. "A license to carry a firearm is not a license
to commit a crime. ... The people who have licenses to carry firearms
are not the ones committing random acts of violence," he said. "They
consider it a privilege and they're not going to do anything to
jeopardize that privilege." …
Wisconsin Alert: This Thursday, April 14, the Wisconsin State Assembly
will be considering legislation (Assembly Bill 558, Assembly Bill 559,
and Assembly Bill 737) that could have a severely detrimental impact
on our Second Amendment freedoms. Please contact your State
Representative immediately and urge them to oppose all three of these
bills. To find contact information for your State Representative,
please click here. AB558 would expand the definition of "misdemeanor
crimes of domestic violence" well beyond the scope of current federal
law in order to create a new class of people who would be stripped of
their Second Amendment rights. Law enforcement agencies already have
the tools to prosecute these crimes and they are clearly spelled out
in Wisconsin statutes. A sweeping new definition is not the solution.
The current definition of domestic violence under state law is
already broader than federal law and this bill will add more types of
relationships to it… (This action has apparently been postponed until
April 15.)
http://www.nraila.org/Legislation/Read.aspx?id=5719
A fast-tracked bill introduced in the state Legislature at the end of
March would ban the private sale of most firearms in Wisconsin and
would for the first time extend a prohibition on the possession of
firearms to those convicted of certain misdemeanors. State Sen.
Spencer Coggs (D-Milwaukee) and Rep. Tony Staskunas (D-West Allis) are
the principal authors of the legislation, which received public
hearings in both the Senate and Assembly this past week. The bill
would essentially require all firearm transfers to be conducted
through a federally licensed firearms dealer, except transfers to
family members, law enforcement and military agencies…
http://www.lakelandtimes.com/main.asp?SectionID=9&SubSectionID=9&ArticleID=11229
---
Anti-CCW Incumbent Currently Leads California Sheriff Race: Sheriff
Sandra Hutchens holds a double-digit lead over her closest rival as
the June 8 election nears and preparations begin for the final months
of the campaign, according to the results of a Voice of OC/Probolsky
Research poll released Wednesday. The poll shows Hutchens garnering
26.7 percent of the vote if the election were held today, giving her a
significant advantage over challengers Bill Hunt and Craig Hunter, who
polled at 11.3 percent and 7.4 percent, respectively. But more than
half the 326 likely voters polled said they remain undecided, which
means that either Hunt or Hunter could still force a November runoff
despite their weak poll numbers at this juncture… Hunt, a former
deputy sheriff, last month won the endorsement of rank-and-file deputy
sheriffs. Hunter, the current deputy police chief of Anaheim, is seen
as a staunch supporter of gun rights and a more liberal concealed
weapons policy… (It's very rare for an incumbent sheriff to be voted
out in an urban county in California but few have generated as much
organized opposition as Hutchens, who was never elected in the first
place. Unfortunately, as is often the case, her opposition is split.)
http://voiceofoc.org/article_6eefd838-478b-11df-8094-001cc4c002e0.html
---
KC Chamber of Commerce Opposes RKBA: The Greater Kansas City Chamber
of Commerce Executive Committee has voted to oppose legislation in
Kansas that would allow the carrying of concealed handguns in college,
city, county, state, or municipal buildings and other sensitive areas.
Current Kansas law prohibits someone licensed to carry a concealed gun
from entering such buildings with a gun. However, a bill recently
approved by the Kansas House of Representatives will allow license gun
owners to bring concealed guns into these buildings, even if security
measures in the buildings are not adequate. The bill goes to the
Kansas Senate next for debate. If this bill becomes law, colleges and
government buildings will have to install metal detectors at all
building entrances and hire additional security staff at a time when
college and government budgets are strained.
http://www.infozine.com/news/stories/op/storiesView/sid/40784/
---
Fuddruckers/KooKooRoo Chicken Don't Want Our Business: … Regarding the
open carry laws, Fuddruckers decision not to allow guns in the
restaurants is not a statement about gun rights or laws. It is
however, a statement about the primary importance of creating and
maintaining a comfortable environment for all of Fuddruckers guests.
Open carry laws are changing in various states. Therefore, restaurants
are more clearly communicating their policies to guests. Fuddruckers
has had a no weapons policy for several years but it wasn't being
enforced in all locations. By enforcing its no-weapons policy,
Fuddruckers is enforcing its rights as a private business to create
the sort of dining environment we believe best suits and appeals to
all or the majority of our guests…
http://waronguns.blogspot.com/2010/04/fuddruckers-to-gun-owners-fuddruck-you.html
---
Oops, Wrong Car: The Jacksonville [FL] Sheriff's Office announced
Friday that the shooting death of a man whose body was found in a car
on April 1 was a justifiable homicide… Officers said Christopher
Alfaro, 24, was driving in a car when he was shot to death by someone
in another car by one shot to the head. Police said Alfaro rammed
another car during a road rage battle. They said the other driver
started spinning out, and that's when he grabbed his gun and started
shooting. "He fired one shot from his car at the other vehicle driven
by Mr. Alfaro," JSO Lt. Larry Schmitt said. "The bullet struck Mr.
Alfaro in the head. That car continued to drive southbound on Cassat
Avenue until it crashed on Shirley Avenue." Police said the
38-year-old shooter called them immediately after the shooting. They
said he does have a concealed weapons permit. Officers said when
Alfaro rammed the other car, the other driver became the victim of an
aggravated battery, which is why police said the shooting was
justifiable… (All's well that ends well but shooting into another
vehicle is a very tricky proposition, particularly while "spinning
out." My CWP students get rudimentary instruction in how to use their
own vehicle as a weapon.)
http://www.news4jax.com/news/23101347/detail.html
---
Oops, Wrong Cell Phone: Cincinnati [OH] Police are investigating a
shooting where it appears a robber left the scene with the victim's
cell-phone in his hand, and a slug from the victim's gun in his lower
abdomen. Police say the robber ran into someone with a concealed-carry
permit, and at some point the would-be victim was able to get his gun
out and shoot the suspect, who took off running from the shooting
scene on Rosemont Avenue south of Glenway in West Price Hill. He
dropped the permit-holder's cellular phone somewhere on a six block
run to West Liberty Street just west of Manss Avenue. That is where
the suspect dropped to the ground and was found suffering from a
gunshot wound. The suspect was taken to the hospital and District
Three officers were given the case…
http://www.wxix.com/Global/story.asp?S=12299813
---
Oops, Wrong House: When a teenager tried to break into a DeLand house,
he didn't count on the homeowner coming home as he was crawling
through a window. DeLand homeowner Daven Woulard opened fire on the
16-year-old he saw breaking into his house on East New Street (see
map) Monday. The bullet didn't hit the teen, but the homeowner still
helped police make an arrest; the homeowner held down the suspect
until the police got there. The man was driving down the road, coming
back from the store and, as the man and his wife glanced toward their
yard, they saw 16-year-old Jarrett Holloman's legs sticking out of
their son's bedroom window. The window had been smashed with a brick…
Woulard had his 18-month-old son and his wife with him. Even though he
didn't know who or how many people were in his home, he said he wasn't
about to back off… After quickly pulling into his yard, Woulard
grabbed his .44 Magnum handgun out of the car, a weapon he's carried
with a permit for four years. He ran to the window and ordered the
teen out. "'Get down! 'Freeze!'" he said he yelled before firing a
shot into the ground to back the order up. Woulard said the teen
didn't say anything as he held him to the ground and waited for police
to show up… (Again with the warning shots. Not knowing how many
potential assailants he might have, Mr. Woulard decided to waste
one-fifth or one sixth of the ammo in the gun, not to mention
unnecessary short-term and long-term risks to his own hearing,
particularly if he was actually carrying Magnum loads.)
http://www.wftv.com/countybycounty/23124408/detail.html
---
Rule Five Reminder: Baltimore police are investigating after a D.C.
police officer was carjacked in a gritty section of the city. Police
spokesman Anthony Guglielmi says the Metropolitan Police Department
officer told investigators he was on his way home late Monday night
when he stopped at a traffic light in northeast Baltimore. A woman
stepped in front of his 2009 Dodge Magnum and was joined by a man
carrying a handgun who ordered him to unlock the doors. They got in
the car and drove off. Guglielmi says police later recovered the car
and arrested the woman, identified as 18-year-old Keara Moodie. The
officer's department-issued handgun was in the car when it was stolen
and was not recovered. The male carjacker remains at large. (Rule
Five: Maintain control of your firearm. It's difficult to say whether
the officer should have resisted the carjacking but, if his "officer's
department-issued handgun was in the car when it was stolen," rather
than on his person, it doesn't sound as though he was prepared to
exercise that option.)
Alan Korwin's Vocabulary Lesson: You know I'm a words guy. I think we
give up ground in the gun-rights debate hen we talk about concealed
carry. Concealed means you're hiding something. You have something to
hide. People who conceal things may be up to no good. The AP story on
Constitutional Carry relied on saying our guns are hidden. We have
guns to hide. This does not help. It hurts. It's a slur. What I want
is to carry a firearm discreetly. I'm glad we are close to getting
discreet carry in Arizona. The right to bear arms discreetly is an
important right. When I'm armed, under routine circumstance in public,
there is value in being unobtrusive. Although open carry has its
merits, and I'm looking forward to the open-carry picnic scheduled for
the capitol on April 19 at noon, being unobtrusive often is a good
thing. You won't find "concealed" or "hide" escaping my lips. And when
I'm discreetly armed, you won't know it. Because being unobtrusive is
a good thing in this day and age. If the law is enacted, when I put
out my announcement about it nationwide, you'll see careful use of
language that defies the hate mongers and hoplophobes in the "news"
media covering the story. And you will not see that we are now
"allowed" to carry discreetly. You'll see we are now free to be
discreet. Hopefully, eventually, some of them will pick up on it. I
certainly hope you all will…
---
When Guns Are Outlawed…: Last January I wrote about the decision of
the Philippine government to ban all guns outside the home for their
entire election season to control the violence that has troubled their
elections in recent years. So far, no magic. In fact, this election
cycle is more violent than the last one. The US State Department has
issued a travel warning to Americans to avoid travel to the
Philippines and if they have to go, to avoid large groups. The
Philippine National Police note that there are now 112 private armies,
even though they have been specifically trying to suppress these armed
camps since the first of the year… (I do believe I have some insights
into Filipino politics, where local elections determine who controls
gambling and prostitution, in conjunction with local military
commanders. Similarly, private armies are created when a large-scale
landowner purchases a quantity of M16's, donates them to the army,
vial the local military commander, only to have himself and his
employees deputized by the commander and issued the rifles. This
practice generally occurs in areas threatened by jihadists or the
Communist New Peoples Army.)
Tangentially Related: Americans attacking Americans because of
U.S.-based extremist ideologies - comes in many forms in our post 9/11
world. To help educate the public, we've previously outlined two
separate domestic terror threats - eco-terrorists/animal rights
extremists and lone offenders. Today, we look at a third threat - the
"sovereign citizen" extremist movement. Sovereign citizens are
anti-government extremists who believe that even though they
physically reside in this country, they are separate or "sovereign"
from the United States. As a result, they believe they don't have to
answer to any government authority, including courts, taxing entities,
motor vehicle departments, or law enforcement… (One can only hope that
the FBI is devoting resources to counter jihadist terrorism in
proportion to the relative threat from each source.)
http://www.fbi.gov/page2/april10/sovereigncitizens_041310.html
