Break Time: I will be making a short trip out of town later today. Please hold any non-essential e-mail to me until you hear from me again. The mailings should resume no later than this weekend. --- Supremes to Consider Incorporation Cases: The Supreme Court will consider two new cases on the scope of individuals' Second Amendment right to have guns at its first Conference for the new Term, on Sept. 29, according to the Court's electronic docket. Both petitions challenge a Seventh Circuit Court ruling that the Amendment does not restrict gun control laws adopted by state, county or city government, but applies only to federal laws. The cases are National Rifle Association v. Chicago (08-1497) and McDonald v. Chicago (08-1521). The so-called "incorporation" issue is the most significant sequel issue raised in the wake of the Court's 2008 decision in District of Columbia v. Heller, recognizing for the first time a personal right to have a gun for self-defense, at least in one's home... The Court has not yet scheduled a time to consider another pending case on the Second Amendment issue - Maloney v. Rice (08-1592). The response in that case is now due on Aug. 28. The new Justice, Sonia Sotomayor, took part in the Maloney case when she was on the Second Circuit Court. Like the Seventh Circuit, the Second found that the Second Amendment only applies to federal laws. When the Justices consider the Maloney case, Sotomayor is not expected to take part. The fact that she had taken part in a ruling on the issue in one case, however, would not require her to withdraw from considering cases from other Circuits, like the Chicago cases. http://www.scotusblog.com/wp/second-amendment-cases-up-early/ --- The Backlash: The Rev. Jesse Jackson says right-wingers are engaging in a dangerous "Wild West fantasy" by bringing weapons to political events. In a Monday column for the Tribune Media Services he wrote, "This isn't just harmless macho posturing. What we are witnessing is a dangerous and toxic mixture of hate groups and laws that allow them to carry guns, even to a presidential event." Mr. Jackson, a longtime supporter of gun-control laws, called for a new law to prohibit citizens from doing this in the future... People who want to attend a town-hall event for Rep. Carol Shea-Porter in the "Live Free or Die" state of New Hampshire better be able to pass through a metal detector. The congresswoman, a Democrat, has scheduled her only two town-hall recess events in federal buildings that require citizens to pass through heavy security checks. They'll need to come early, too. The rooms only have space for roughly 100 people... Delegate Eleanor Holmes Norton, D.C. Democrat, has voiced similar concerns as the Rev. Jesse Jackson and is calling on the Department of Homeland Security to create a gun-free "safety zone" around the president and Cabinet officials at all times... (We truly live in interesting times, as evidenced, in part, by the level of fear that elected "representatives" are showing of their constituents.) http://www.washtimes.com/news/2009/aug/26/hot-button-84918046/ Driving the Wedge: Gun owners may be arguing among themselves and with gun-control activists about it, but for Mustapha Kassou, there's no debate over the "open-carry" movement, which created a furor this month when pistol- and rifle-packing citizens showed up near several public appearances by President Barack Obama... Kassou and other open-carry advocates say the case is an example that supports their notion that openly armed citizens can deter and stop crime effectively. While the outcome of the gunfight at Kassou's Golden Food Market is perhaps the best publicity the open-carry movement could hope for, some in its ranks are cringing at the far greater coverage given to the recent open-carrying activities of others. Outside presidential town hall meetings from New Hampshire to Arizona, these gun owners have worn their loaded revolvers and semiautomatic pistols for all the world to see. One man slung a military-style AR-15 rifle over his shoulder... As much as any issue, open carry reveals divisions within the gun-rights community, often characterized by gun-control advocates as a monolithic force that is led in lock-step by the powerful and well-heeled National Rifle Association. But you won't find the NRA weighing in on this issue; the 4-million-member group did not respond to msnbc.com's requests for an interview... (As always, the Tory media seeks any opportunity to amplify any disagreement within the RKBA community.) http://www.msnbc.msn.com/id/32492783/ns/us_news-life/ Tangentially Related Commentary: I remember very well the last time America was gripped with panic over impending racial violence. It was in the fall of 2001, after 19 Middle Eastern hijackers, mostly from Saudi Arabia, pulverized the World Trade Center and ripped a gash into the Pentagon, murdering nearly 3,000 people while trying to massacre several times more... But a funny thing happened on the way to the Arab-American lynching: not bloody much. A Sikh gas station owner was murdered in Mesa, Arizona. A Hindu temple was firebombed in Matawan, New Jersey. Reports of harassment and non-deadly violence briefly spiked up. Each was awful enough, but as a tapestry of violence it fell far short of the widely predicted wave of hate crime. Americans, derided as "hateful" bigots by the likes of Kingsolver, and revenge-minded rubes by those with better manners, were not only opting out of vigilante violence, they were cramming bestseller lists with musty old books about Afghanistan and the Middle East... http://www.reason.com/news/show/135634.html --- More on the Montana Firearms Freedom Act Lawsuit: Supporters of a first-of-a-kind law in Montana that declared weapons or ammunition made and kept in the state were exempt from federal rules are preparing for a court challenge to the federal government's insistence it will regulate those items... The law provides guns and ammo made, sold and used in Montana would not require any federal forms; silencers made and sold in Montana would be fully legal and not registered; and there would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. The idea is spreading quickly. Tennessee already has a similar law, and similar plans have been introduced in Alaska, Texas, Florida, South Carolina, Minnesota and Michigan. Lawmakers in nearly 20 other states have such plans in the works. With President Obama placing anti-gun activists in influential positions, including an attorney general who supported a complete handgun ban in the District of Columbia before it was tossed by the U.S. Supreme Court, Montana's move is being called nothing less that revolutionary... (Revolutionary? The Tenth Amendment, along with the rest of the Bill of Rights, was ratified in 1791.) http://www.wnd.com/index.php?fa=PAGE.view&pageId=107996 --- California Sheriff May Relax CWP Policy: Sacramento County may be about to experience an increase in the number of gun owners with permits to carry concealed weapons. Sheriff John McGinness called it a necessary move, given his department's lack of resources to properly protect the public. "I think in the interest of doing right by the public and the constituency, we had to make some acknowledgement of the fact that it's a different environment out there," McGinness said. "As things have changed, our ability to respond effectively and ensure their safety has been compromised. Therefore, I think it's only appropriate that we look at these applications with a different thought process in mind." Gun owner George Perry agreed that McGinness is doing the right thing. "There is just too much crime out there for a person to be able to call for police when they need them cause there's just too few officers," Perry said. But gun control advocates feel differently. They said the decrease in support staff at the sheriff's department is not a good enough reason to allow more people to carry concealed weapons. "By weakening the standards for carrying concealed weapons, it's not a way to deal with the budget cuts to public safety," said Rebecca Gonzales, who defends the gun control measure known as Brady's Law... http://www.news10.net/news/story.aspx?storyid=65827&catid=2 --- We're From the Government...: No good deed goes unpunished - that's a lesson George Boggs of Fayetteville, North Carolina, learned earlier this month when he voluntarily turned his handgun over to the local police for safe-keeping while he went into the hospital following an automobile wreck. When Mr. Boggs (who maintains a valid concealed-carry permit for the handgun) later attempted to retrieve his firearm, the police said, sorry, we've sent it out for ballistics testing and can't give it back to you yet. Apparently the police in North Carolina believe themselves empowered to retain a law-abiding citizen's firearm, and test it to see if it matches any firearms or ammunition on which the police have records that were used in crimes, regardless of whether they have any suspicion whatsoever that the firearm is illegal or has ever been used in the commission of a crime. And, the police do this even if the person has voluntarily and temporarily left a firearm with the police for safe keeping. In this case also, the owner of the handgun did not want the firearm fired because it had never been fired since he purchased it new, and he believed its value would be diminished... (I certainly hope that Mr. Boggs wasn't carrying the gun he's never fired. It's one thing to have "safe queens" for investment or collection and another thing not to know if your carry gun is really up to the task.) http://blogs.ajc.com/bob-barr-blog/2009/08/26/police-run-roughshod-over-lawful-handgun-owner/?cxntfid=blogs_bob_barr_blog --- Oops, Wrong Parking Lot: A 32-year-old suffered a graze wound to the head but seriously injured a 17-year-old trying to rob him at gunpoint in Detroit early today, according to police. The intended robbery victim, who has a permit to carry a weapon, pulled out his gun when he was confronted behind the apartment building at 1670 Oakman Blvd. near Linwood Street at 5 a.m. today, Detroit Police spokesman John Roach said. After an exchange of gunfire, the intended victim escaped with only the superficial wound. But the 17-year-old is in critical condition today in a local hospital after running away and collapsing in the parking lot of a gas station across the street, Roach said... http://www.freep.com/article/20090825/NEWS07/90825046/1320/ http://www.detnews.com/article/20090825/METRO/908250430/Teen-tries-to-rob-Detroiter--ends-up-shot-by-victim Greater detail is presented in this video clip: http://www.clickondetroit.com/video/20549259/index.html --- Nevada County Opens Shooting Park: The world's largest and most advanced shooting range officially opened today in North Las Vegas with a host of dignitaries. The $60 million Clark County Shooting Park is both large and comprehensive, designed to attract not only locals, but shooting enthusiasts from around the world. Nevada's politicians came to praise the facility along with the NRA, National Rifle Association. Nevada Senator Harry Reid spoke today at the opening ceremony for the Clark County Shooting Park. Reid was instrumental in securing land and more than $60 million in funding for the park... (Unfortunately, Nevada's legislature, Sheriffs Association and Las Vegas Metro PD, make Nevada a less-than-friendly state to visit for those who wish to carry firearms. Considering how much tourism revenue Nevada has lost to Indian casinos in other states, one would think that they might get the message.) http://www.digitaljournal.com/article/278257 http://www.fox5vegas.com/news/20553519/detail.html ...Reid, Sen. John Ensign, R-Nev., Rep. Shelley Berkley, D-Nev., Republican Gov. Jim Gibbons and Democratic gubernatorial candidate and Harry Reid progeny Rory Reid all took turns declaring their support for gun rights in Nevada, a wide-open Western state where Democrats and Republicans love shooting. It was the elder Reid who came loaded with the biggest political weapon, a flattering speech from Wayne LaPierre, chief executive officer of the National Rifle Association, a gun rights organization with 3.5 million members and a $120 million annual budget. "He is a true champion of the Second Amendment," LaPierre said of Reid. Recent polling suggests Reid can use all the help he can get... (Recall the charade that Reid conducted around the vote for the Thune amendment; it was alleged, by at least one source, that the NRA was involved.) http://www.lvrj.com/news/54955352.html -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .