Senate Moves Toward Sunstein Confirmation: The Senate took further moves last night toward the expected confirmation of Harvard Law School professor Cass R. Sunstein to head the White House Office of Information and Regulatory Affairs. This is a key but little-known position that sets governmentwide standards for bureaucratic rule-making. The senators ought to slow down... In a videotape of a 2007 lecture at the University of Chicago, Mr. Sunstein makes statements that are breathtaking in their willful misreading of the U.S. Constitution and American history. Regarding the traditional understanding that gun ownership is an individual right, rather than a collective one tied to organized militias, he said the theory merely "purports to be an effort to recover the original understanding, but it has much more in common with the gay rights movement in constitutional law than it does with Madisonianism. And the irony of it is that the gay rights movement has a quite insistent moral principle which, whether or not it's entitled to ultimate acceptance, has a claim on our attention, given the arc of constitutional law over generations. The movement for a strong individual right under the Second Amendment can't claim quite the pedigree that the gay rights claims do." ... http://www.washingtontimes.com/news/2009/sep/10/gays-but-not-guns/ Democrats succeeded Wednesday in pushing forward the nomination of Cass Sunstein, the controversial Harvard University law professor who has been tapped by President Obama to head the White House Office of Information and Regulatory Affairs. In a 63-35 vote Wednesday evening, the Senate voted to end the debate on Sunstein's nomination, moving Sunstein one step closer to a full vote in the Senate... http://www.politico.com/news/stories/0909/26930.html ...But Cornyn and Chambliss ultimately relented. Sunstein wrote to Cornyn that "the Second Amendment creates an individual right to bear arms for purposes of self-defense and hunting," and to Chambliss that "If confirmed, I certainly would not use my position at OIRA to promote animal standing in civil litigation, such standing would indeed be an intolerable burden on farmers, ranchers and hunters." ... http://blogs.abcnews.com/politicalpunch/2009/09/the-sunstein-also-rises.html Conservative talker Glenn Beck says Cass Sunstein, who is awaiting Senate confirmation as President Obama's new Regulatory Czar, "is probably the most dangerous czar out there." Sunstein, a Harvard Law School professor and longtime friend of Obama, would head the White House Office of Information and Regulatory Affairs, and oversee all governmental regulations. Beck blasted Sunstein on the air Wednesday and outlined several of his positions... http://www.newsmax.com/insidecover/beck_sunstein_obama_czar/2009/09/09/258152.html --- The Beat Goes On: Alan and Linda Laird can almost predict the answers. The certified firearms instructors ask students why they decided to take training in the proper use of a gun. Invariably, most responses range from fear of being a crime victim to concern about government limitations on gun rights. The Lairds have felt the same anxieties. That's why they offer a monthly class that explores the logistical, legal and moral aspects of gun ownership, which is rising rapidly across the nation. "We know the world is growing more dangerous everyday," said Alan Laird. "I'm very encouraged to see the number of people who are sharing this interest. I believe it's the right thing to do." "People are waking up," said Linda Laird. "They're paying attention. It's a different world, even from what it was five years ago. We shouldn't run around in fear, but we should be wise and be prepared." ... http://www.hannibal.net/news_local/x1420193218/Uncertainties-draw-more-people-to-firearms-training --- Appeals Court Upholds DC Licensing: An appeals court in Washington, D.C. has upheld the city's extremely restrictive law requiring residents to obtain licenses to carry handguns outside of their homes. The U.S. Supreme Court's ruling last year in the high-profile D.C. v. Heller Second Amendment case did not invalidate the District of Columbia's licensing requirements, and even appears to have endorsed them, the appeals court ruled... Now, bad facts tend to make bad law, and Brown - who had been convicted of murder by this point - was hardly a sympathetic defendant. Different facts and a different litigant may have yielded a different result, and Brown would probably not have been able to obtain a concealed weapon license anyway. Still, it's worth noting that the Second Amendment Foundation filed a federal lawsuit against the District a few weeks earlier on a very similar question: the constitutionality, post-Heller, of the city's licensing scheme. Alan Gura, the Alexandria, Va. attorney who filed the civil suit, told me on Wednesday evening that he doesn't think the recent appeals court decision will make much of a difference. "We're not challenging the requirement for a license," Gura said. But, he added, "there has to be the ability for people to quality for a license." ... (In point of fact, the pending lawsuit argues that once people have met DC's post-Heller licensing standards, they should be able to carry their registered handguns outside the home.) http://www.cbsnews.com/blogs/2009/09/10/taking_liberties/entry5299667.shtml --- Federal Judge Upholds New Mexico Open Carry: On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot." The facts of the case are pretty simple. Matthew St. John entered an Alamogordo movie theater as a paying customer and sat down to enjoy the movie. He was openly carrying a holstered handgun, conduct which is legal in 42 states, and requires no license in New Mexico and twenty-five other states... Judge Black's opinion and order is welcome news for the growing number of open carriers across the United States. Though police harassment of open carriers is rare, it's not yet as rare as it should be - over the last several years open carriers detained without cause by police have sued and obtained cash settlements in Pennsylvania, Louisiana, Virginia (see additional settlement here), and Georgia. More cases are still pending in Ohio, Wisconsin, Michigan, and Pennsylvania... http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns?cid=exrss-DC-Gun-Rights-Examiner --- Meanwhile, in Florida...: For wearing handcuff keys on a necklace draped around his neck, a homeless Miami Beach man could face years in prison. Prosecutors on Tuesday formally charged Michael Gonzalez, 22, with disorderly intoxication, marijuana possession and two counts of possession of a concealed handcuff key - a third-degree felony punishable by up to five years in prison. ``It's an actual felony,'' prosecutor Barbara Teresa Govea explained to Miami-Dade Circuit Judge John Thornton, who questioned the charge. ``There's got to be some kind of constitutional violation in there somewhere,'' Assistant Public Defender Michelle Prescott grumbled to the court. Actually, the Florida Legislature passed the law after the 1998 murders of two Tampa deputies and a state trooper. Hank Earl Carr shot and killed them after he escaped his cuffs using a universal handcuff key hidden on a necklace. (As I recall, it's also illegal in Florida to wear any clothing with any law-enforcement marking, such as "LAPD" or "NYPD," if you are not actually a peace officer.) http://www.miamiherald.com/news/southflorida/story/1223974.html --- Law Change in Texas: A small change in concealed handgun laws has created safety concerns among Houston police officers who work the streets. The new law removes the penalty for failing to show a police officer a concealed handgun license (CHL) when stopped by an officer who asks for identification. The law went into effect Sept. 1. Previously, if a person was carrying a hidden weapon and failed to present the CHL, they could lose the license for one year. Houston police officers suggested that licensed handgun holders continue to show their credentials, even if not required to by the law. It will defuse any potential problems or miscommunications, they said. "When an officer is not aware of a weapon and he spots one, he's going to take steps quickly to secure the situation," said Gary Blankinship, president of the Houston Police Officers' Union. "They're going to pull their weapon until they get that weapon under control." ... (Neither Arizona nor Montana has required permit-holders to volunteer that they are carrying. At least in Arizona, the courtesy of volunteering that information during a traffic stop often results in a warning instead of a ticket.) http://www.chron.com/disp/story.mpl/metropolitan/6607275.html http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d9-In-Texas-police-worried-about-losing-gun-permit-notification -- Ohio GOP Candidate Voted for Clinton "AWB": Gun owners across these United States, and in Ohio particularly, have long questioned the one blemish on GOP gubernatorial-hopeful John Kasich's Second amendment record - his 1994 vote in favor of Bill Clinton's "Crime Bill", which outlawed several types of commonly owned firearms... The first question asked was "Do you regret your vote in FAVOR of the 1994 Clinton Assault Weapons ban and will you publicly apologize for casting that vote AGAINST gun owners?" Mr. Kasich's resplied that "[he] was wrong, it [Crime Bill] didn't have any impact." While this is excellent 20/20 hindsight and the same one line we have heard before, gun owners in Ohio were hoping to learn more. Did Mr. Kasich once believe that a bill restricting the possession of commonly owned firearms by law-abiding citizens could ever have an impact on crime? If these restriction were OK in 1994 does he still believe something similar would fit within the bounds of the Constitution? Being a current gun owner doesn't answer all the questions... (In all fairness, the federal bill did not actually outlaw possession of previously owned firearms and magazines, it banned their further sale to private citizens.) http://www.buckeyefirearms.org/node/6863 --- Speaking of "Assault Weapons" ...: The Ohio Coalition Against Gun Violence, with their usual propensity for lying, is claiming they have proof that Columbus' "assault weapons ban" which expired three years ago was smart legislation. Monday, a police officer was shot during a high speed chase by what is being reported as an "AK-47" (I remain dubious). Another was shot with a handgun by the drunk driving suspect. Since nowhere in any of the reports can I find any statement confirming it was an automatic rifle, I am forced to assume that it was not. Real AK-47s are quite rare in this country, having been all but banned since 1934. The last time the media reported a machine gun was found, it turned out to be nothing of the sort. That was in the city of Lorain when a councilman reported finding a machine gun, which was later confirmed to be a semi-automatic pistol that only looked like one... (Note the illustration, which can be enlarged by clicking on it.) http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d10-Everything-is-an-assault-weapon-if-you-stretch-the-definition-far-enough --- Manhattan DA Candidate Thumbs Nose at RKBA: Our campaign for Manhattan DA has received many endorsements - like Congressman Jerry Nadler, the Association of Legal Aid Attorneys, Former NYPD Commissioner Bill Bratton, to name a few - but today it's an anti-endorsement I'm particularly proud to receive. Specifically, the New York State Rifle & Pistol Association, the official NRA-affiliated State Association in New York, urged its members yesterday to vote against me in the race for DA. And I couldn't be prouder. Taking aggressive but common-sense measures to keep New Yorkers safe from gun violence is what this city needs, but is something the NYSRPA doesn't seem to get. What they did get right is that as someone who has worked as a national leader in handgun control, I will do everything in my power as District Attorney to make sure that laws are passed and real action is taken on this issue... http://www.huffingtonpost.com/richard-aborn/an-anti-endorsement-im-th_b_280774.html The New York State Rifle & Pistol Association is urging its supporters to vote against Manhattan district attorney candidate Richard Aborn and controller hopeful David Yassky in next Tuesday's primary. "It is important to get as many gunnies to show up and vote as possible, especially in NYC where we have a realistic shot at knocking out Aborn & Yassky," the group wrote in a message to supporters. Aborn, a national gun control advocate, is the former head of Handgun Control, which is now known as the Brady Campaign. Yassky, a former aide to Sen. Charles Schumer (D-New York), worked with the senator to bass the Brady Bill, the landmark gun control legislation. Aborn and Yassky seemed somewhat pleased by the anti-endorsement. Aborn even sent out a press release touting the group's opposition to him... http://www.nydailynews.com/blogs/brawlforthehall/2009/09/gunnies-target-candidates-rich.html --- CCW Will Be Issue in San Diego Sheriff Race: The 2010 San Diego County Sheriff's race started early and fierce with a controversial action by Sheriff Kolender and the County Board of Supervisors. Sheriff Kolender choose to retire mid-term and following his wishes, the Board chose to appointment the retiring Sheriff's hand-picked successor, Bill Gore, x-FBI lifer, as interim Sheriff; providing a significant incumbent advantage over the other candidates who will be running for Sheriff in 2010... The only candidate for Sheriff who has embraced a more liberal issuance of CCW Permits in the County is Jay LaSuer. He points to lower violent crime statistics in Shall Issue states, self-reliance for self-protection, and his personal pro Bill-of-Rights stance as reasons to support the issue of CCW permits to the law-abiding citizens in the County. The other candidates for Sheriff have failed to support this grass roots citizen's issue, and may pay for it at the ballot box. Bill Gore in particular will be at a significant disadvantage in attempting to woo votes from gun rights proponents, since "Ruby Ridge", like the other 1990's "Waco" incident, are commonly rallying cries against government oppression and infringement of 2nd Amendment rights. The FBI under the Clinton administration, which later championed the now defunct Federal Assault Weapons ban, led both controversial FBI incidents... http://www.examiner.com/x-22950-San-Diego-Law-Enforcement-Examiner~y2009m9d9-Energized-grass-roots-conservatives-set-their-sights-on-the-sheriffs-race --- Those Texans Really Know How to Live: Forget a coffin, the man buried Pontiac Catalina style will be cruising through heaven. The man spoke for years about being buried in his '73 Pontiac Catalina. We cover many fashion and style related items here, and this one couldn't be passed up. Lonnie Holloway was slick. He would get his hair cleaned up twice a week, and cruised around in a classic car, with white-walled tires. He even had a custom tag that simply read "Lonnie." I wonder if they set him up with his right arm over the back of the passenger seat, leaning off to the side. He also appreciated his second amendment right to bear arms - he's going to be interred with all of his guns in the trunk. So he wasn't just a smooth character, he was also responsible. Friends say he wanted the guns to be placed in the earth with him so that they wouldn't end up in the wrong hands... (The title comes from an old joke about a Jewish man whose sons decided to bury him in a Cadillac instead of a coffin.) http://fashion.rightcelebrity.com/?p=570 --- The Classic Book on Sniping: NRA-affilate Palladium Press has reprinted Herbert McBride's A Rifleman Went to War. This book is generally cited as the classic English-language book on sniping but is actually much broader in scope. Having written an earlier book about his experiences as a machine gunner in the Canadian army, McBride waited many years before publishing this book, out of concern of what he would be divulging. In A Rifleman Went to War McBride provides a fascinating account of most of his service, covering several areas as well as his time as a sniper. Palladium publishes heirloom grade books. I see no reason to replace my Lancer Militaria edition but heartily recommend some edition of this book for anyone with an interest in military history and the use of small arms in warfare. http://www.palladiumpress.com/store/Scripts/prodView.asp?idproduct=1735 -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .