Request from Montana: You may be aware that the Montana Shooting Sports Association (MSSA) and the Second Amendment Foundation have filed our Complaint (MSSA v. Holder) in federal court to validate the principles of the Montana Firearms Freedom Act (MFFA), passed by the 2009 Montana Legislature. Also, an MFFA clone has been passed in Tennessee, and other clones have been introduced in Alaska, Texas, Florida, South Carolina, Minnesota, Michigan, Pennsylvania and Ohio. Legislators in about 20 other states have told me that they will introduce clones in their states once their legislatures reconvene. I've been pooling information about this national movement at: http://FirearmsFreedomAct.com I wrote the original MFFA, and both MSSA and I are plaintiffs in our lawsuit. The MFFA declares that any firearms made and retained in Montana are not subject to any federal authority under Congress's commerce clause power. The subject of this effort is a states' rights/Tenth Amendment challenge to federal commerce clause power. Firearms are the object of the exercise. Now we are seeking amici parties to support our position in this litigation. Our lawsuit is filed in federal district court in Missoula, Montana. In our complaint, we request both a declaratory judgment and injunctive relief. We would REALLY like to see an amicus from any other interested state, or other interested entities. We would like to get amicus parties onboard as soon as possible. We expect that there may soon be dispositive motions in the case from the U.S., such as a motion to dismiss for lack of a justiciable controversy. Having amicus parties already involved will help us resist any such motions. The next scheduled event in the lawsuit is a preliminary pretrial conference on February 2, 2010. The lead attorney of our litigation team is Quentin Rhoades of Missoula (406-721-9700). Quentin invites potential amici parties to contact him with any questions. I am developing a list of simpatico Montana attorneys willing to serve as pro hac vice sponsors in re interested amici parties. I should have that list available soon. Thanks loads for your interest. Best wishes, Gary Marbut, president Montana Shooting Sports Association http://www.mtssa.org author, Gun Laws of Montana http://www.mtpublish.com 406-549-1252 --- A Look at Tuesday's Elections: Depending on who's doing the talking, we're supposed to look at yesterday's elections as either "a troubling turn for president Obama," or irrelevant as far as being "a referendum on Obama." Unless, of course, a conservative loses. Then it's "a blow to the right." The Doug Hoffman campaign apparently feared answering specific questions about guns would hurt his chances. What really hurt him was NRA-endorsed Dede Scozzafava betraying the Republicans and endorsing the Democrat... Let's take a look at victorious NRA-endorsed governor-elect Bob McDonnell in Virginia... McDonnell supported a gun-banner to replace him as AG. McDonnell claims to now be against one-gun-a-month laws, but when it was up for enactment, he voted for it. And then we have the New Jersey gubernatorial race, where Chris Christie ousted anti-gun Jon Corzine. I wouldn't dance too hard, especially after reading Christie's old campaign mailer calling for a ban on semiautomatic firearms, deceptively portrayed as "automatic". But that didn't stop the Fudds from telling us they've done their "homework," and portraying him as the sportsman's pal. Just in case you thought either Anthony P. Mauro, Sr., or the New Jersey Outdoor Alliance have any relevance whatsoever to freedom... http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m11d4-What-do-yesterdays-elections-mean-for-gun-owners?cid=exrss-Gun-Rights-Examiner Other Points of View: http://www.ammoland.com/2009/11/04/early-returns-%E2%80%93-a-move-toward-smaller-government-less-gun-control/ http://www.ammoland.com/2009/11/04/pro-gun-candidates-sweep-virginia/ http://volokh.com/2009/11/04/another-good-night-for-the-second-amendment/ --- Meanwhile, in Pennsylvania...: After last night's results came in, Bloomberg's anti-gun group is down another 16 mayors in Pennsylvania - and that's the minimum number. Unfortunately a few of the rural counties (and at least one not-so-rural county) don't seem to have heard of this new-fangled internet thingamajig. They don't post their results online. Another has a weird thing of not posting municipal races online even though at the county level, they still have to count those votes. Most of Bloomberg's losses in Pennsylvania actually came through attrition. Most of those mayors opted not to run again. Some lost in their primary elections, and others in the general election last night. Overwhelmingly, Bloomberg will claim success though. The reason? Most of his mayors won re-election with more than 90% of the vote! (Because they had no challengers.) But don't you know, his lobbyist that he shares with Handgun Control, Inc. - Max Nacheman - will no doubt claim that it is an overwhelming mandate for more gun control in the Commonwealth... http://www.snowflakesinhell.com/2009/11/04/maig-in-pa-just-lost-16-more-members/ --- Lessons from the Bloomberg Sting: The national establishment media is getting a lot of mileage from another of New York Mayor Bloomberg's dirty tricks. In this case, the Mayor sent private investigators to gun shows in several states to prove that illegal gun trafficking is taking place, and that criminals can easily buy firearms in unregulated private transactions... Each time someone takes part in an illegal sale at a gun show, it puts the rights of law-abiding gun owners at risk because it plays into the hands of the anti-gun movement by giving credence to the existence of a "gun show loophole." We can, as pro-gun advocates, rail on about enforcement, and about how Mayor Bloomberg's studies show a small percentage of the gun-buying public. However, that isn't as likely to work in this case, because the general public can clearly see people at gun shows appearing to be violating the law. When that happens it puts all gun owners in jeopardy, and sheds a bad light on the gun culture... http://www.buckeyefirearms.org/node/6942 --- The Beat Goes On: Data released by the FBI's National Instant Criminal Background Check System (NICS) reported 1,233,982 NICS Checks in October 2009, a 4 percent increase from the 1,183,279 reported in October 2008. So far that is roughly 11,403,417 gun bought this year! The total is probably more as NICS background checks may cover the purchase of more than one gun at a time. This latest jump in background checks show that Americans are solidly in-favor of keeping firearms in the hands of law abiding citizens... http://www.ammoland.com/2009/11/04/gun-owners-buy-1300000-guns-in-opposition-to-obama-arms-trade-treaty/ --- Massachusetts Supremes to Weigh Storage Law: The state's highest court will review the validity of a state law that requires gun owners to safely store their weapons. It will be the first test in Massachusetts of a landmark US Supreme Court ruling that Americans have the constitutional right to own guns and stow them as they see fit. The state Supreme Judicial Court will hear oral arguments Thursday in the case of a Billerica man whose disabled son was accused of shooting a BB gun at a neighbor and who then showed police officers where his father kept other unlocked weapons. A Lowell District Court judge cited the Supreme Court's ruling in dismissing the case against Richard Runyan of Billerica, who was charged in April 2008 with improperly storing a semiautomatic hunting rifle, a 12-gauge shotgun, and a drawer full of ammunition. In June 2008, the Supreme Court ruled in District of Columbia vs. Heller that Washington, D.C., which had the nation's strictest gun-control laws, could not require gun owners to keep their weapons disassembled and that the Second Amendment provides individuals the right to keep and bear arms for their personal use... http://www.boston.com/news/local/breaking_news/2009/11/challenge_to_gu.html --- Some Arizona Restaurants Welcome CCW: Mark Peagler, owner of the Silver Spur Saloon, says his business is safer by allowing people with concealed carry weapon (CCW) licenses to dine in his establishment, calling it "a deterrent" to criminals looking for a place to rob. He said businesses posting signs stating, "We do not permit firearms" would logically be more desirable targets. The Arizona State Rifle and Pistol Association (ASRPA), which turned 100 this year, is allowing business owners to advertise their eating establishments on its website (www.asrpa.com) without charge, to show its appreciation for those businesses that roll out their welcome mats for Arizona's 140,799 CCW holders... http://www.sonorannews.com/archives/2009/091104/FrntPgRestaurants.html --- Oops, Wrong House: Law enforcement officials suspect a home invasion in Leon County is connected to a serial rapist who has been terrorizing elderly women in rural areas of Texas for months. On Saturday, police say a man broke into the home of an 81-year-old woman. The woman had a handgun and managed to fire several shots, scaring the man away. The burglar got away with some cash and other items, but the woman was not hurt. Investigators believe this incident may be connected to a series of sexual assaults on elderly women across four Central Texas counties, including Bell County. At least seven women have been attacked since January. All are over 60, widows and live alone in rural areas... (Earlier this year I had a friend express surprise when I mentioned that a recent student had been a 75-year-old woman.) http://www.news8austin.com/content/top_stories/default.asp?ArID=256755& --- Oops, Wrong Phone Store: A barrage of gunfire erupted during a robbery attempt in the Center Point area Tuesday night, authorities said today. Two employees of the Phone Store at 2111 Center Point Road were closing up for the night about 8 p.m. when a man came from behind a trash bin and pointed a gun at the female employee as she was getting in her car, saying "Give up your money; you might as well give it up." When the male employee tried to take cover, the gunman opened fire. The male employee returned fire, firing eight shots at the robber who took off running, said Jefferson County [AL] sheriff's spokesman Lt. Randy Christian. The female employee got in her car and tried unsuccessfully to chase the gunman. Neither of the victims were injured. Christian said they don't know whether the assailant was struck by the bullets. He was last seen running east on 21st Avenue Northeast. (At least Alabama reporters can tell who the victims are.) http://blog.al.com/spotnews/2009/10/center_point-area_robbery_foil.html --- Michigan Convict Can Sue Store He Robbed: A Michigan judge says a man who claims he was chased, shot and beaten by workers at a store he'd just robbed can sue the men. But only if he comes up with $10,000 within two weeks. Scott T. Zielinski is serving an 8-year prison sentence after being convicted of unarmed robbery for the November 2007 heist at Nick's Party Stop in Clinton Township. The 23-year-old filed a lawsuit against the store, its owner and three employees in April. Zielinski was shot twice and claims he was excessively beaten... http://www.msnbc.msn.com/id/33617028/ --- Good and Bad Advice: ...Having a gun won't guarantee you'll win a gunfight, but it will certainly guarantee that you will have a chance of winning. If the criminal is armed and you aren't, you have no chance at all. Some younger men who keep in shape might imagine they can handle their assailant, so I will simply pass on to them the advice of a tae kwon do master who was a member of the South Korean intelligence agency. "If your life is in danger, use a gun," he said... Because you can't rely on the modern justice system to produce justice, I will also pass along some advice an old country lawman gave me when I was a young reserve deputy. "Son, if you ever have to use that thing," he said, "make sure the judge can hear only one version of what happened." In plainer language, if you have to shoot somebody, kill him. Otherwise, in these crazy times, the perp may sue you even though he is a career criminal who initiated the assault. Or some prosecutor who doesn't believe people should defend themselves might try to indict you... (Intent to kill is an element in the crime of murder. Aside from modern forensics, most people who carry cell phones also carry built-in video cameras. Just because your assailant dies does not mean that the various mothers of his six illegitimate children may not sue you.) http://www.lewrockwell.com/reese/reese289.html --- Rule One, Two, Three Reminder: An off-duty suburban New York City police officer has been charged in the shooting death of an acquaintance. New Rochelle police Capt. Joseph Schaller said Wednesday that James Pileggi was being held on a charge of second-degree manslaughter. Police say Pileggi, who's a member of the Eastchester force, was sitting in his SUV demonstrating the laser feature on his 9mm Glock service weapon when it discharged on Tuesday night. Andre Everett, who was standing outside the vehicle, was shot in the neck and died at a hospital... (The Rules: http://www.spw-duf.info/safety.html) http://www.nypost.com/p/news/crime/off_duty_nypd_cop_charged_in_shooting_guVLtyMtg1axhgJw5N03hN --- Duh!: Remember that guy who sued Smith & Wesson after he injured his finger while firing a .460 caliber revolver? It was a powerful handgun with a strong recoil, so he tried to hold on to it with both hands. However, he had his left fingers too close to the gap between the barrel and the cylinder. The gas pressure sliced his left index finger, and two surgeries later, he ended up with a short index finger. What made this one big news was that he sued Smith & Wesson. However, in August the court tossed out the case by granting S&W's motion for summary judgment. Anyone interested in it can click here to read the opinion. But here are some interesting aspects of the case and the court's opinion. It seems that the defendant had burned his hand once before doing the same thing with a smaller caliber revolver. So he should have had a sense of the danger. However, he contended that he didn't realize how much more pressure the bigger caliber gun would produce. The manual that came with the handgun warned about keeping the fingers away from the area between the barrel and the cylinder and explained why. But the shooter hadn't read the manual. There's your problem... (That and the fact that best results are usually obtained by using different techniques to shoot double-action revolvers from those used to shoot autoloading pistols. Oh, yeah, and it's also common knowledge that these revolvers fire rounds substantially hotter than the .44 Magnum.) http://sleepless.blogs.com/george/2009/11/gun-safety-lesson-from-the-courts-dont-sue-the-manufacturer-if-your-handgun-injures-you.html --- Colt Peacemaker as Gauge of Inflation?: For some reason, I am unable to highlight text in this article, in order to copy and paste a teaser. The article is perhaps more interesting from the point of view of economics than of firearms and I find it somewhat ironic as I have argued for a few years that a business professor could offer at least one year of coursework in how not to run a business, using Colt as a set of case studies. http://www.menafn.com/qn_news_story.asp?storyid={F23556EC-9156-402A-95FF-26D446FC8EF4} --- Canadian Registry Bill Passes Key Hurdle: Bill C-391, An amendment to the Criminal Code (repeal of the long gun registry), passed a major hurdle in the legislative process earlier today when it was approved at Second Reading in the House of Commons. For 14 years, the Ontario Federation of Anglers and Hunters (O.F.A.H.) has been determinedly fighting to scrap the long gun registry through media campaigns, rallies, presentations and meetings with public officials and politicians, and most recently, a national online petition. The bill, a simple and straightforward piece of legislation was introduced earlier this year by Candice Hoeppner, Conservation M.P. for Portage-Lisgar, Manitoba. Once passed, the bill will provide for the repeal of the ill fated and much maligned long gun registry, created by the former Liberal government as part of Bill C-68 in 1995. The requirement to take firearms safety training, obtain a license and practice safe storage and transportation of legal firearms will not be impacted upon by the legislation... http://www.marketwire.com/press-release/Ontario-Federation-Of-Anglers-And-Hunters-1071365.html --- Tangentially Related: Are America's youth too fat, dumb or dishonest to defend the nation against its enemies? The latest Army statistics show a stunning 75 percent of military-age youth are ineligible to join the military because they are overweight, can't pass entrance exams, have dropped out of high school or had run-ins with the law. So many young people between the prime recruiting ages of 17 and 24 cannot meet minimum standards that a group of retired military leaders is calling for more investment in early childhood education to combat the insidious effects of junk food and inadequate education. "We've never had this problem of young people being obese like we have today," said Gen. John Shalikashvili, former chairman of the Joint Chiefs of Staff. He calls the rising number of youth unfit for duty a matter of national security. "We should be concerned about how this will impact this overstretched Army and its ability to recruit." ... http://www.sphere.com/2009/11/03/70-percent-of-young-americans-are-unfit-for-military-duty/?icid=main|aimzones|dl1|link2|http%3A%2F%2Fwww.sphere.com%2F2009%2F11%2F03%2F70-percent-of-young-americans-are-unfit-for-military-duty%2F -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .