States Take Sides On Heller: When the U.S. Supreme Court takes up D.C.'s gun ban in March, it could open up a new battle between the states. States across the country are lining up on both sides, filing friends of the court briefs for or against the District's law banning handguns. D.C. has the toughest gun control law in the country. Virginia, along with Arkansas and Texas, are joining the challenge of the ban. "This is a case of fundamental importance to the interpretation of the Constitution of the United States that is going to impact every state and every territory in the Union based on how they rule," Virginia Attorney General Bob McDonnell says. Maryland, New York, Illinois and Hawaii are filing briefs backing the law. http://www.wtopnews.com/index.php?nid=25&sid=1312574 Virginia AG Supports Individual RKBA: Should Americans be allowed to have guns? Virginia's Attorney General says they should. Bob McDonnell is supporting a federal court decision that banning guns is unconstitutional. The case originated in Washington, DC where handguns have been banned for decades... McDonnel says if justices base their ruling on the intentions of the authors of the Constitution, they'll conclude that owning a gun is an individual right. McDonnell says "Because at the time of its writing everybody was a member of a militia and today everybody potentially could be called up in some capacity to help defend their property, their person or their nation." http://www.wdbj7.com/Global/story.asp?S=7515111&nav=menu368_2 --- A Look At Miller: ...Although Miller is very limited in scope it does offer some constitutional guidance. First, the Miller Court clearly rejected the government's argument that the Second Amendment only protects States' rights. Hypothetically, if the Court would have accepted the States' rights position, then logic follows it would have simply denied the Defendant's Second Amendment claims for like of standing (i.e., because the Defendants were obviously not States they could not bring a Second Amendment defense). However, this was not the case. The Supreme Court viewed the Defendants' Second Amendment claims as substantively legitimate - but procedurally flawed - and only remanded the case on the basis of a judicial notice error. Second, the Miller Court did not raise any inquiries as to whether or not the Defendants were involved in any sort of militia. Instead, the Court seems to have presumed that the Second Amendment claim belongs to the individual Defendants regardless of their military status or their relation to the State. Third, the Miller Court's emphasis on the exact type of weapon involved exemplifies the fact that the Court believed congressional limitations could be placed on "arms" that were neither of "common use" nor "part of the ordinary military equipment." http://www.theconservativevoice.com/article/29811.html --- With Lawyers Like These...: ...I agree with the NRA that Americans should have unlimited access to the firearms originally intended by the Founders. In other words, all of you gun enthusiasts can have unlimited access to all of the muzzleloaders and flintlocks that you want. Every other weapon is subject to lawful regulation no matter what theory of constitutional law one adopts. (I suppose that means that freedom of the press should not extend to typewriters, broadcasting and the internet.) http://www.indystar.com/apps/pbcs.dll/article?AID=/20071218/OPINION01/712180322/-1/LOCAL17 --- Giuliani Claims To Support Second Amendment: Republican presidential candidate Rudy Giuliani said that he would support the Second Amendment despite his imposition of a ban on semi-automatic handguns while mayor of New York City. "I used the gun laws aggressively in New York. I had to, and it worked well," Giuliani said in response to a question asked during a brief campaign stop at Goss International on Monday. "As president of the United States of America, I would be honor bound to uphold the Second Amendment." ..."If Giuliani's gun control agenda was really limited 'only' to big cities, that would be disturbing enough," Velleco said. "But the record shows that the mayor continually tried to export his gun control agenda to the rest of the nation." http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20071218/NEWS/712180406 --- Romney Claims NRA Endorsement He Never Received: ... Later in the interview, he added the following: "I just talked about, about guns. I told you what my position was, and what I, what I did as governor; the fact that I received the endorsement of the NRA." The problem? He was never endorsed by the NRA, and didn't have their official support during his 2002 gubernatorial campaign. The NRA declined to endorse in that race, as was acknowledged by Romney's spokesman this morning... http://blog.washingtonpost.com/the-trail/2007/12/16/romney_claims_nra_endorsement.html?hpid=sec-politics --- Senators Seek End To National Park Gun Ban: U.S. Sen. Mike Crapo is leading an effort to repeal federal gun restrictions in national parks and wildlife refuges, saying that the guidelines are "confusing, burdensome and unnecessary." In a letter sent Monday, Crapo and almost half of the U.S. Senate asked Interior Secretary Dirk Kempthorne to change rules that prohibit visitors to most national parks and wildlife refuges from carrying active, loaded guns. Such changes would "respect the Second Amendment rights of law-abiding gun owners, while providing a consistent application of state weapons laws across all land ownership boundaries" Crapo wrote. http://www.idahostatesman.com/235/story/241355.html Contact Your Senator: http://www.ohioccw.org/content/view/3924/83/ --- Another Senator Places Hold On Sullivan BATFE Nomination: I just received word that another Second Amendment Senator has joined Idaho Senators in placing a hold on ATF Acting Director Michael J. Sullivan's confirmation to Director. Senator David Vitter has announced that he is also placing a hold on Sullivan's confirmation. Last week Idaho Senators Mike Crapo and Larry Craig placed holds on Sullivan's confirmation, this was followed by Anti-Gun Senator John Kerry demanding that the Idaho Senators remove their holds... http://redstradingpost.blogspot.com/2007/12/another-senator-places-hold-on-acting.html --- Feldman Exposé Greeted With Glee: Every sincere and open-minded contributor to the National Rifle Association should read the op-ed piece in the December 16 edition of the Washington Post. The writer, Richard Feldman, who once worked for the NRA, explains how the organization is now more about money than hollering about Second Amendment rights. Feldman accuses the NRA today of morphing from a reasonable lobby group to a money-making machine for its executives and well-placed friends... http://www.usnews.com/blogs/mashek/2007/12/18/nra-survival-skills.html --- More Details In Tennessee Shooting: It appears that the man who shot a burglar leaving his daughter's home fired not because the burglar was fleeing the scene but because the burglar was headed toward the shooter's wife, who had also arrived at the scene...When Harry Smith saw Coffey running toward his wife, he faced several unknowns. Smith didn't know who this man was, according to his daughter. He didn't know his grandson was hidden in the house. He raised his handgun and ordered the man to stop or he'd shoot, the family told authorities. How far away her father was from the burglar when he shot, his daughter doesn't know... http://www.knoxnews.com/news/2007/dec/17/break-in-motive-unclear/ --- Rule Three Reminder: A decorated Iraq war veteran accidentally shot and killed his wife while practicing drawing a pistol from a holster in the couple's Tualatin apartment Sunday night, police said...According to police, 24-year-old Ryan Michael Osbrink called 911 to report the shooting at the couple's apartment at 6935 S.W. Nyberg St. about 10:30 p.m. When deputies arrived, they found the man giving his wife first-aid. Ryan Osbrink told police he was drawing a .45-caliber semi-automatic pistol from a holster when it accidentally fired as his wife entered the room, hitting her in the abdomen, police said. The man was scheduled to start work as a deputy for the Clark County Sheriff's Office on Wednesday but that was put on hold pending results of the shooting investigation. (Rule Three: Keep your finger out of the trigger guard, up on the frame, until your sights are on the target and you're prepared to fire.) http://www.komotv.com/news/local/12603436.html -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .