by permission from Stephen P. Wenger
http://www.spw-duf.info
(comments in () by the same
F Troop Will Accept Comments until February 14: If you're one of the nearly 71 million Americans who live in the four southwest border states, some of your gun purchases could soon be reported to the federal government. And whether you live in one of those states or elsewhere, your help is needed now to stop the federal government's plan to register Americans' gun purchases. The Bureau of Alcohol, Tobacco, Firearms and Explosives is demanding the authority to require all of the 8,500 firearm dealers in California, Arizona, New Mexico and Texas to report all sales of two or more semiautomatic rifles within five consecutive business days, if the rifles are larger than .22 caliber and use detachable magazines. For example, a dealer would have to tell the government every time a deer hunter in Sacramento or Amarillo finds a good deal on a pair of semi-auto .30-06s like the popular Remington 7400. The ATF has no legal authority to demand these reports, and the flood of new paperwork will waste scarce law enforcement resources that should be spent on legitimate investigations…
http://www.nraila.org/Legislation/Federal/Read.aspx?id=6232
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NRA's LaPierre Places Blame for Tucson Shootings: National Rifle Association president Wayne LaPierre harshly criticized gun control advocates, the Obama administration and members of the media at the Conservative Political Action Conference Thursday, arguing that they are lying when they say bans on certain firearms or ammunition clips will protect Americans. LaPierre said U.S. gun laws provide more protection to killers like the Virginia Tech and Tucson shooters than to the victims of their attacks, and suggested the current environment puts women at risk for rape. He condemned "gun-free zones and anti-self defense laws that protected the safety of no one except the killers and condemned the victims to death without so much as a prayer." … LaPierre said that the situation in Egypt shows that the Second Amendment remains necessary, as illustrated by the protests in Egypt. He said that "the presence of a firearm" in the hands of good people "makes us all safer."
http://www.cbsnews.com/8301-503544_162-20031399-503544.html
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Late to the Party?: …Last week, I learned something. People who own firearms or at least understand that they are a useful tool will probably tell me I'm late to the party with this little insight, but I'm going to throw it out there anyway: I learned that people who are deathly afraid of firearms and wouldn't dream of handling one, much less owning one, actually may be incapable of seeing them as defensive weapons. I can think of no other way to explain many of the reactions to the column I wrote last week. The point of that piece, in case you're among those who missed it, was that the potential for an interruption of government's ability to protect its citizens is something no one should ignore. The breakdown of order in Egypt was the news peg for exploring the idea. As police and military units reacted to the potential for large-scale violence in central Cairo- as, obviously, they would be expected to do – people in places that weren't central Cairo were left to provide for their own safety…
http://www.cleveland.com/obrien/index.ssf/2011/02/a_few_ideas_for_you_to_shoot_a.html
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South Dakota Cannot Deny Permits to Legal Aliens: …Not decided on Second Amendment or other RKBA grounds. Very straightforward application of existing doctrine on equal protection and legal aliens. In short, state (but not federal) discrimination against legal aliens is subject to strict scrutiny. There is an exception for "governmental functions" which involve discretion in self-governance of the polity–such as voting, teaching in public schools, being a peace officer, etc. Those exceptions were not relevant here, so the South Dakota limitation of concealed carry permits to citizens only is preliminarily enjoined.
http://www.makereadyforum.com/viewtopic.php?f=178&t=62400&p=3415848&e=3415848
http://www.archive.org/download/gov.uscourts.sdd.47987/gov.uscourts.sdd.47987.40.0.pdf
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Arkansas Open-Carry Bill Hits Snag: A bill to allow Arkansans to carry guns openly in holsters received a House committee's strongest rebuke today. The House Judiciary Committee approved a "do not pass" motion on House Bill 1051 by Rep. Denny Altes, R-Fort Smith. The voice vote was not unanimous. The motion prohibits Altes from bringing the bill back before the committee this session unless two-thirds of the members vote to do so… Altes said after the meeting that he has no plans to bring the bill back to the committee. He said he would draft another bill that would clarify or redefine several parts of the law regarding the carrying of handguns. The new measure, he said, also would allow for the carrying of a gun in a holster as long as the person has a concealed weapons permit. During the meeting, Altes read to lawmakers the 2nd Amendment to the U.S. Constitution and said that the right to bear arms "means to carry." He said the state's poor citizens are being deprived of the right because it costs between $200 and $300 to get a permit to carry a concealed weapon… (While this certainly has the potential to become a civil-rights issue, I doubt that it will.)
http://arkansasnews.com/2011/02/10/panel-rejects-bill-to-allow-open-carry-of-handguns/
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Life in LaLa Land: On February 4, 2011, lawyers for the National Rifle Association (NRA) and California Rifle & Pistol Association (CRPA) submitted an opposition letter to the Los Angeles City Council's proposed expansion of the City's gun purchaser warning letter program (hereafter, "the Program"). The City's Program originally consisted of sending the so-called "warning letters" to new gun buyers who resided in specific neighborhoods in the City. Gun buyers in the targeted areas received the letter from the Los Angeles City Attorney's Office. It was signed by the City Attorney, Attorney General of California, and Los Angeles Chief of Police and indicated that the gun purchase had been documented. The letter also stated that the new gun buyer might be prosecuted if he or she transferred the gun without completing a "Dealer Record of Sale" (DROS) form, and the gun was subsequently used in a crime. The letters typically arrived a few days into the ten day waiting period on a firearm purchase, and scared some legitimate customers away from completing the sale and picking up the firearm at the end of the waiting period… (Sounds like racial profiling to me.)
http://www.ammoland.com/2011/02/10/nra-crpa-oppose-los-angeles-gun-purchaser-warning-letter/
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RKBA Bills Advance in Virginia: … In the past two years, Virginia's lawmakers have been busy passing multiple pro-gun bills, and their efforts have not gone unnoticed by local residents… The most well-known bill passed last year was the concealed carry law that allows citizens to carry concealed handguns into bars, as long as they do not drink. Virginia is slowly positioning itself close Texas on the list of most gun-friendly states. This year, Roanoke Delegate Bill Cleaveland is sponsoring a '"Castle Doctrine" bill that could allow Virginians to use deadly force against unwanted intruders in their own home… Citizens of Lynchburg say that expanded gun rights are good for Virginia, and they hope the trend of pro-gun bills continues in Richmond… The five bills that passed the House this week must still gain approval in the Senate.
http://www.wset.com/Global/story.asp?S=14008786
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And in Wyoming: … HB 167 – Castle doctrine modifications – passed with amendments on Feb. 2, Harvey said. The original bill allowed citizens to use force in self defense when they were the legal resident of an occupied structure. The amended bill allows citizens to use force against a person, but only when the person is entering their home or semi-permanent dwelling. "It changed it so we're not talking about a warehouse or something like that," Harvey said. She voted aye, citing second amendment rights. "I think people should have the right to defend themselves." …
http://lovellchronicle.com/Read/AllStories/tabid/754/articleType/ArticleView/articleId/4373/House-Bills-passed-on-third-reading.aspx
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More on Illinois Carry Bill: State Rep. Dan Beiser said he is working to bring Illinois in line with 48 other states in co-sponsoring legislation allowing responsible gun owners to carry concealed weapons in public. "As a legislator, I am always advocating for the protection of the Second Amendment and preserving the right of lawful citizens to own firearms," said Beiser, D-Alton. "For too long, we have been preventing law-abiding citizens from being better able to protect themselves and their families by denying them the opportunity to have permits to carry concealed weapons." House Bill 148 creates the Family and Personal Protection Act, which would give county sheriffs the authority to issue concealed firearm permits to qualified applicants 21 years and older who are Illinois residents and U.S citizens. Qualified applicants will have to complete classroom and shooting range instruction and must not have been convicted of a felony, be free on bond or have any arrest warrants pending. Qualified holders of the permit would not be able to carry firearms in certain areas, including police stations, courthouses, airports and churches…
http://www.thetelegraph.com/news/gun-50418-law-alton.html
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While in Maryland…: Delegate Michael Smigiel, a Republican from Cecil and a concealed-carry permit holder, is working with Delegate Tiffany Alston, a Democrat from Prince George's, to clarify language in the state's handgun carry law that Second Amendment advocates have long complained infringes on their rights. At issue is a requirement to show a "good and substantial reason" to carry a gun, a cornerstone of Maryland's law that forces applicants to establish a compelling need for the license. When the General Assembly passed the state's handgun carry law in 1972, giving state police discretion to award permits, it did not define what constitutes a good and substantial reason to carry a gun. As a result, state police have interpreted court decisions over the years to decide whether each applicant fits the criteria for a permit. "The state police are enforcing a law they can't define clearly," said Alston, a lawyer. "The fact they're using case law puts the ball back in our court. We need to go ahead and tackle the issue and get a definition." Almost annually, lawmakers file legislation aimed at repealing the good and substantial clause. Each has died in committee, including proposals filed in recent sessions by a former Harford County Democrat…
http://somd.com/news/headlines/2011/13236.shtml
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Hearings Next Week for Ohio RKBA Bills: Both chambers of the Ohio General Assembly have scheduled hearings next week on pro-gun legislation supported by Buckeye Firearms Association… Both HB45 and SB17 contain the language from SB239 in the 128th General Assembly. The bills seek to allow citizens who hold a valid concealed handgun license (CHL) to carry a firearm in restaurants, and to reduce burdensome restrictions regarding how a license holder must transport a firearm in a car. Both HB54 and SB61 contain the language from SB247 in the 128th General Assembly. The bills seek to align Ohio law with federal statutes regarding the restoration of rights to Ohio firearms purchasers. Ken Hanson, Legislative Chair of Buckeye Firearms Association, said, "These bills addresses three important issues facing Ohio gun owners and concealed carry license holders and seek to align Ohio law with federal law and the laws of our surrounding states." …
http://www.buckeyefirearms.org/node/7654
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Swiss Vote on RKBA Sunday: The Swiss are set to vote Sunday on a referendum that would limit the right to bear arms and upend centuries of tradition of civilians keeping military weapons at home in Europe's most gun-friendly nation. If approved, the referendum would force military reservists to store their government-issued weapons in secure public arsenals. It also would create a national registry for all guns and ban private ownership of weapons defined as highly dangerous, such as pump-action and fully automatic weapons. The issue clearly has touched a nerve and set off an emotionally charged debate over what it means to be Swiss… (If the above statement is accurate, the Swiss leftists regard a pump-action shotgun as more threatening than an autoloading one. Perhaps they base that on the fabled effect of the mere sound of racking the action. If you are unfamiliar wit how interwoven the RKBA is with Swiss identity, be sure to read this entire article.)
http://www.washingtontimes.com/news/2011/feb/10/arms-friendly-swiss-to-vote-on-gun-curbs/
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Tangentially Related: Any discussion of who's likely to succeed outgoing Sen. Jon Kyl of Arizona needs to factor in the following: If Rep. Gabrielle Giffords wants the seat, it's hers. The three-term Democratic congresswoman explored the idea of running for the Senate seat in the event of Mr. Kyl's retirement before she was shot Jan. 8 at a constituent meet-and-greet in Tucson. Her rehabilitation from a gunshot wound to the head reportedly is proceeding faster than expected. Mr. Kyl announced Thursday that he would not seek a fourth term in 2012. If Ms. Giffords decides she's game for a Senate run and if her health permits, she would be virtually impossible to defeat, said Bruce Merrill, Arizona State University professor emeritus and longtime pollster… (This does not give me warm, fuzzy feelings. Despite Giffords' obligatory pose about being a good shot with her Glock 19, she holds a "D" rating from GOA. I'm unfamiliar with Merrill's "batting average" as a pollster and this appears to be a personal opinion, not the claimed result of a poll.)
http://www.washingtontimes.com/news/2011/feb/10/giffords-is-seen-as-shoo-in-for-kyls-seat/
--
http://www.nraila.org/Legislation/Federal/Read.aspx?id=6232
--
NRA's LaPierre Places Blame for Tucson Shootings: National Rifle Association president Wayne LaPierre harshly criticized gun control advocates, the Obama administration and members of the media at the Conservative Political Action Conference Thursday, arguing that they are lying when they say bans on certain firearms or ammunition clips will protect Americans. LaPierre said U.S. gun laws provide more protection to killers like the Virginia Tech and Tucson shooters than to the victims of their attacks, and suggested the current environment puts women at risk for rape. He condemned "gun-free zones and anti-self defense laws that protected the safety of no one except the killers and condemned the victims to death without so much as a prayer." … LaPierre said that the situation in Egypt shows that the Second Amendment remains necessary, as illustrated by the protests in Egypt. He said that "the presence of a firearm" in the hands of good people "makes us all safer."
http://www.cbsnews.com/8301-503544_162-20031399-503544.html
--
Late to the Party?: …Last week, I learned something. People who own firearms or at least understand that they are a useful tool will probably tell me I'm late to the party with this little insight, but I'm going to throw it out there anyway: I learned that people who are deathly afraid of firearms and wouldn't dream of handling one, much less owning one, actually may be incapable of seeing them as defensive weapons. I can think of no other way to explain many of the reactions to the column I wrote last week. The point of that piece, in case you're among those who missed it, was that the potential for an interruption of government's ability to protect its citizens is something no one should ignore. The breakdown of order in Egypt was the news peg for exploring the idea. As police and military units reacted to the potential for large-scale violence in central Cairo- as, obviously, they would be expected to do – people in places that weren't central Cairo were left to provide for their own safety…
http://www.cleveland.com/obrien/index.ssf/2011/02/a_few_ideas_for_you_to_shoot_a.html
--
South Dakota Cannot Deny Permits to Legal Aliens: …Not decided on Second Amendment or other RKBA grounds. Very straightforward application of existing doctrine on equal protection and legal aliens. In short, state (but not federal) discrimination against legal aliens is subject to strict scrutiny. There is an exception for "governmental functions" which involve discretion in self-governance of the polity–such as voting, teaching in public schools, being a peace officer, etc. Those exceptions were not relevant here, so the South Dakota limitation of concealed carry permits to citizens only is preliminarily enjoined.
http://www.makereadyforum.com/viewtopic.php?f=178&t=62400&p=3415848&e=3415848
http://www.archive.org/download/gov.uscourts.sdd.47987/gov.uscourts.sdd.47987.40.0.pdf
--
Arkansas Open-Carry Bill Hits Snag: A bill to allow Arkansans to carry guns openly in holsters received a House committee's strongest rebuke today. The House Judiciary Committee approved a "do not pass" motion on House Bill 1051 by Rep. Denny Altes, R-Fort Smith. The voice vote was not unanimous. The motion prohibits Altes from bringing the bill back before the committee this session unless two-thirds of the members vote to do so… Altes said after the meeting that he has no plans to bring the bill back to the committee. He said he would draft another bill that would clarify or redefine several parts of the law regarding the carrying of handguns. The new measure, he said, also would allow for the carrying of a gun in a holster as long as the person has a concealed weapons permit. During the meeting, Altes read to lawmakers the 2nd Amendment to the U.S. Constitution and said that the right to bear arms "means to carry." He said the state's poor citizens are being deprived of the right because it costs between $200 and $300 to get a permit to carry a concealed weapon… (While this certainly has the potential to become a civil-rights issue, I doubt that it will.)
http://arkansasnews.com/2011/02/10/panel-rejects-bill-to-allow-open-carry-of-handguns/
--
Life in LaLa Land: On February 4, 2011, lawyers for the National Rifle Association (NRA) and California Rifle & Pistol Association (CRPA) submitted an opposition letter to the Los Angeles City Council's proposed expansion of the City's gun purchaser warning letter program (hereafter, "the Program"). The City's Program originally consisted of sending the so-called "warning letters" to new gun buyers who resided in specific neighborhoods in the City. Gun buyers in the targeted areas received the letter from the Los Angeles City Attorney's Office. It was signed by the City Attorney, Attorney General of California, and Los Angeles Chief of Police and indicated that the gun purchase had been documented. The letter also stated that the new gun buyer might be prosecuted if he or she transferred the gun without completing a "Dealer Record of Sale" (DROS) form, and the gun was subsequently used in a crime. The letters typically arrived a few days into the ten day waiting period on a firearm purchase, and scared some legitimate customers away from completing the sale and picking up the firearm at the end of the waiting period… (Sounds like racial profiling to me.)
http://www.ammoland.com/2011/02/10/nra-crpa-oppose-los-angeles-gun-purchaser-warning-letter/
--
RKBA Bills Advance in Virginia: … In the past two years, Virginia's lawmakers have been busy passing multiple pro-gun bills, and their efforts have not gone unnoticed by local residents… The most well-known bill passed last year was the concealed carry law that allows citizens to carry concealed handguns into bars, as long as they do not drink. Virginia is slowly positioning itself close Texas on the list of most gun-friendly states. This year, Roanoke Delegate Bill Cleaveland is sponsoring a '"Castle Doctrine" bill that could allow Virginians to use deadly force against unwanted intruders in their own home… Citizens of Lynchburg say that expanded gun rights are good for Virginia, and they hope the trend of pro-gun bills continues in Richmond… The five bills that passed the House this week must still gain approval in the Senate.
http://www.wset.com/Global/story.asp?S=14008786
--
And in Wyoming: … HB 167 – Castle doctrine modifications – passed with amendments on Feb. 2, Harvey said. The original bill allowed citizens to use force in self defense when they were the legal resident of an occupied structure. The amended bill allows citizens to use force against a person, but only when the person is entering their home or semi-permanent dwelling. "It changed it so we're not talking about a warehouse or something like that," Harvey said. She voted aye, citing second amendment rights. "I think people should have the right to defend themselves." …
http://lovellchronicle.com/Read/AllStories/tabid/754/articleType/ArticleView/articleId/4373/House-Bills-passed-on-third-reading.aspx
--
More on Illinois Carry Bill: State Rep. Dan Beiser said he is working to bring Illinois in line with 48 other states in co-sponsoring legislation allowing responsible gun owners to carry concealed weapons in public. "As a legislator, I am always advocating for the protection of the Second Amendment and preserving the right of lawful citizens to own firearms," said Beiser, D-Alton. "For too long, we have been preventing law-abiding citizens from being better able to protect themselves and their families by denying them the opportunity to have permits to carry concealed weapons." House Bill 148 creates the Family and Personal Protection Act, which would give county sheriffs the authority to issue concealed firearm permits to qualified applicants 21 years and older who are Illinois residents and U.S citizens. Qualified applicants will have to complete classroom and shooting range instruction and must not have been convicted of a felony, be free on bond or have any arrest warrants pending. Qualified holders of the permit would not be able to carry firearms in certain areas, including police stations, courthouses, airports and churches…
http://www.thetelegraph.com/news/gun-50418-law-alton.html
--
While in Maryland…: Delegate Michael Smigiel, a Republican from Cecil and a concealed-carry permit holder, is working with Delegate Tiffany Alston, a Democrat from Prince George's, to clarify language in the state's handgun carry law that Second Amendment advocates have long complained infringes on their rights. At issue is a requirement to show a "good and substantial reason" to carry a gun, a cornerstone of Maryland's law that forces applicants to establish a compelling need for the license. When the General Assembly passed the state's handgun carry law in 1972, giving state police discretion to award permits, it did not define what constitutes a good and substantial reason to carry a gun. As a result, state police have interpreted court decisions over the years to decide whether each applicant fits the criteria for a permit. "The state police are enforcing a law they can't define clearly," said Alston, a lawyer. "The fact they're using case law puts the ball back in our court. We need to go ahead and tackle the issue and get a definition." Almost annually, lawmakers file legislation aimed at repealing the good and substantial clause. Each has died in committee, including proposals filed in recent sessions by a former Harford County Democrat…
http://somd.com/news/headlines/2011/13236.shtml
--
Hearings Next Week for Ohio RKBA Bills: Both chambers of the Ohio General Assembly have scheduled hearings next week on pro-gun legislation supported by Buckeye Firearms Association… Both HB45 and SB17 contain the language from SB239 in the 128th General Assembly. The bills seek to allow citizens who hold a valid concealed handgun license (CHL) to carry a firearm in restaurants, and to reduce burdensome restrictions regarding how a license holder must transport a firearm in a car. Both HB54 and SB61 contain the language from SB247 in the 128th General Assembly. The bills seek to align Ohio law with federal statutes regarding the restoration of rights to Ohio firearms purchasers. Ken Hanson, Legislative Chair of Buckeye Firearms Association, said, "These bills addresses three important issues facing Ohio gun owners and concealed carry license holders and seek to align Ohio law with federal law and the laws of our surrounding states." …
http://www.buckeyefirearms.org/node/7654
--
Swiss Vote on RKBA Sunday: The Swiss are set to vote Sunday on a referendum that would limit the right to bear arms and upend centuries of tradition of civilians keeping military weapons at home in Europe's most gun-friendly nation. If approved, the referendum would force military reservists to store their government-issued weapons in secure public arsenals. It also would create a national registry for all guns and ban private ownership of weapons defined as highly dangerous, such as pump-action and fully automatic weapons. The issue clearly has touched a nerve and set off an emotionally charged debate over what it means to be Swiss… (If the above statement is accurate, the Swiss leftists regard a pump-action shotgun as more threatening than an autoloading one. Perhaps they base that on the fabled effect of the mere sound of racking the action. If you are unfamiliar wit how interwoven the RKBA is with Swiss identity, be sure to read this entire article.)
http://www.washingtontimes.com/news/2011/feb/10/arms-friendly-swiss-to-vote-on-gun-curbs/
--
Tangentially Related: Any discussion of who's likely to succeed outgoing Sen. Jon Kyl of Arizona needs to factor in the following: If Rep. Gabrielle Giffords wants the seat, it's hers. The three-term Democratic congresswoman explored the idea of running for the Senate seat in the event of Mr. Kyl's retirement before she was shot Jan. 8 at a constituent meet-and-greet in Tucson. Her rehabilitation from a gunshot wound to the head reportedly is proceeding faster than expected. Mr. Kyl announced Thursday that he would not seek a fourth term in 2012. If Ms. Giffords decides she's game for a Senate run and if her health permits, she would be virtually impossible to defeat, said Bruce Merrill, Arizona State University professor emeritus and longtime pollster… (This does not give me warm, fuzzy feelings. Despite Giffords' obligatory pose about being a good shot with her Glock 19, she holds a "D" rating from GOA. I'm unfamiliar with Merrill's "batting average" as a pollster and this appears to be a personal opinion, not the claimed result of a poll.)
http://www.washingtontimes.com/news/2011/feb/10/giffords-is-seen-as-shoo-in-for-kyls-seat/
--
