Post-Heller Sequels Move toward the Supremes: On a pace that very likely will put them in the Supreme Court at its next Term, three significant test cases on the scope of the Second Amendment - the "gun rights" Amendment - are moving along in the lower courts. Briefing on the core question of whether state and local governments must obey the Amendment - and thus allow private ownership of handguns, for example - will be completed in the Seventh Circuit Court by mid-March. Argument and a decision by summer appear likely. The three cases were filed swiftly after the Supreme Court, late last June, declared for the first time that the "right to keep and bear arms" is a personal, individual right -- at least to have a gun in one's own home for self-defense (District of Columbia v. Heller, 07-290). The Justices, however, did not then settle whether the Amendment applies to state and local governments, as well as the federal government and the District of Columbia... http://www.scotusblog.com/wp/heller-sequels-move-along/ --- A Libertarian Comments on HR 45 and More: ...Will it turn out that we enjoyed more liberty under Bush than we will under Obama? At least the Republicans left us the Second Amendment. The Obama Democrats are not going to return our other purloined civil liberties, and they are already attacking the Second Amendment. Rep. Bobby L. Rush (D, IL) has introduced the Blair Holt Firearm Licensing and Record of Sale Act of 2009. As the British and Australians learned, once firearms are registered, the government knows where they are. The government's next step is to confiscate the firearms. Moreover, the Act would permit the government to negate Second Amendment rights by refusing to issue a license. Any parents who bequeathed family antique or historic firearms to heirs would be in violation of the act, as it bans any transfer of a firearm other than via a licensed dealer... http://www.lewrockwell.com/roberts/roberts263.html --- The New York Times Lies, Freedom Dies: The Obama administration has chosen to defend a bad rule rushed through during former President George W. Bush's final days in office that allows concealed, loaded firearms in national parks and wildlife refuges. The rule is a gift to the gun lobby... Although concealed, loaded weapons obviously have no place in the national parks, the Justice Department brief asserts that the rule "will not have any significant impacts on public health and safety." We can only hope that the Justice Department's position does not reflect a broader weakening of President Obama's stated commitment to sensible gun control policies. Another early test of that commitment is coming soon. It involves the so-called Tiahrt Amendment, which is strongly supported by the gun lobby. The amendment denies police and local governments access to essential information about guns used to commit crimes. The question is whether Mr. Obama's forthcoming budget blueprint will include language aiming to repeal it... (There was an extended comment period on the NPS rule change. The Tiahrt Amendment does not inhibit legitimate law-enforcement access to data, it blocks cities from pooling statistical data for use in harassment lawsuits against the firearm industry.) http://www.nytimes.com/2009/02/20/opinion/20fri2.html --- The Beat Goes On: ... "I went from being anti-gun to pro-gun," says Becky Pomaville, a former long-time Marco resident, now living in Naples. "Before, I didn't want to touch a gun, didn't want a gun in the house. But the way the world has become, I thought it would be a good idea to be protected, but I knew I needed to learn how to shoot. I really enjoy it now and shoot at Mobile Tactics twice a week." Pomaville is learning self-defense and has several weapons with which she's becoming proficient. She has applied for a concealed carry permit, as well. Christoff says that about two-thirds of his new shooters at Mobile Tactics are women. "Women are excellent students. Most of them have no firearms experience, which is great, because they don't have any bad habits like some of the guys do. I don't have to retrain them." ... http://www.naplesnews.com/news/2009/feb/20/gun-savvy-marco-island/?partner=RSS --- Wyoming Recognition Boondoggle: Due to an overwhelmingly negative response from gun owners both in and outside Wyoming, an attempt made earlier this week to drastically limit Wyoming's Right-to-Carry Reciprocity statute has been suspended for the time being, once again restoring the original Right-to-Carry Reciprocity statute. This break will allow the NRA to review the current statute and develop a plan to bring a bill before the Wyoming State Legislature during the next legislative session to ensure that this never happens again to law-abiding citizens in Wyoming... http://www.nraila.org/Legislation/Read.aspx?ID=4445 By statute, Wyoming honors concealed carry permits from other states that have laws similar to Wyoming's. The Wyoming Attorney General's Office is undertaking a thorough review of the concealed carry statutes of the 49 other states to determine which states have laws similar to Wyoming's. Once that review is complete, this website will feature a list of the states from which Wyoming will honor concealed carry permits. Until then, the Division of Criminal Investigation will honor permits from those states with which Wyoming had reciprocity as of January 1, 2009. Accordingly, Wyoming will continue to recognize concealed firearm permits from the following states. The listing also encompasses those states that have indicated they honor Wyoming permits... (The AG's website list 22 states for recognition. Conspicuously absent is Arizona, which recognizes Wyoming's and all other permits.) http://attorneygeneral.state.wy.us/dci/CWP.html --- Quirk Allows DC Resident to Apply for Pennsylvania Permits: In my last column I highlighted the draconian nature of the DC City Council's changes to the District's gun control laws quietly passed in December, 2008 amidst all the Presidential inaugural hubbub. But here's the silver lining - the Council's repeal of the Police Chief's discretionary authority to issue gun carry permits makes district residents eligible to obtain mail order handgun carry permits from Pennsylvania. Here's why: Pennsylvania requires non-resident applicants to possess a home state carry permit, unless the home state or district does not issue carry permits. Only Illinois, Vermont, and now DC refuses to issue gun carry permits. At least Vermont has a good excuse in that no permit is required to carry a handgun in Vermont, even concealed... (Actually, Wisconsin also lacks any provision to issue carry permits.) http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m2d15-DC-City-Council-enables-residents-easy-access-to-mail-order-handgun-carry-permits --- Alabama House OK's Ban on Emergency Confiscation: A bill to prevent state or local government from seizing lawfully owned guns during emergencies sailed through the Alabama House on Thursday and now heads to the Senate, where it was approved last year. Rep. Mark Keahey, D-Grove Hill, said his measure is aimed at ensuring the chaos that comes with disasters, such as hurricanes, is not made worse by overzealous government officials. "The Second Amendment gives us a constitutional right to bear arms, and this bill is just an effort, on Alabama's part, to help us maintain that right," Keahey said. The bill was inspired by the events following Hurricane Katrina, when New Orleans police collected more than 1,000 firearms from residents, according to a National Rifle Association tally. Law-abiding citizens turned over their guns, but criminals kept theirs to use against unarmed citizens, Keahey said... http://www.al.com/news/press-register/metro.ssf?/base/news/12351249955120.xml&coll=3 --- Tennessee Bill Would Ban Microstamping: Sen. Doug Jackson, D-Dickson, has filed legislation that would ban the sale of "microstamped" firearms and ammunition, calling them an infringement on the Second Amendment right to bear arms. California has passed a law mandating microstamping of firearms, "and I predict that Tennessee will pass a law banning it," Sen. Jackson said. Called the "Second Amendment Protection Act," the bill would outlaw sale of firearms and ammunition that are laser-engraved, or microstamped, to identify the buyer of the firearm or ammunition after it has been shot... Microstamping would lead to the establishment of a registry or database of gun-owners who are guilty of nothing more than owning a gun, the senator noted. "A firearm registry is a preamble to gun confiscation. And the law-abiding American gun owner would have to pay the added costs it would incur." ... http://www.chattanoogan.com/articles/article_145174.asp --- South Dakota Mayor Opposes Preemption Bill: A controversial gun bill making its way through the South Dakota legislature could shoot holes in policies designed to protect the public. HB1278 says no town, county or township can restrict where someone can carry a gun. And that's not sitting well with some. The sign on the door at Sioux Falls' City Hall says no firearms allowed. But if a new gun bill passes in the legislature, this sign and others on city property would have to come down. "To me, that's not good legislation," Sioux Falls Mayor Dave Munson said. Munson calls it a ridiculous bill that should be shot down. "My biggest problem is I really don't think people should carry weapons on city property," Munson said... (If Munson is so concerned about "guns going off accidentally," I have to wonder if he also wants to ban his police officers from carrying them on city property.) http://www.keloland.com/News/NewsDetail6375.cfm?Id=0,80855 --- Some California Residents Don't Understand Preemption (or Criminals): Why can't there be more stringent laws against guns in Salinas? Salinas police Cmdr. Dino Bardoni was the first official placed in the hot seat tonight as a townhall meeting kicked off at Sherwood Hall on North Main Street. The initial question was posed by Peter Valdez of Salinas, who wanted to know why gun locks couldn't be enforced in the city - forcing gang members to lock their guns in order to transport them. "Gang member are not going to adhere to the law," said Bardoni, referring to how the criminals use illegal guns. "The problem is the outlaw element that is carrying the guns that we can't control at this point." He is one of six panelists participating in a townhall meeting geared to community members who have concerns about the ongoing gang problems in the city that have so far killed six people in 2009. http://thecalifornian.com/article/20090218/NEWS01/90218032/1002 --- Nevada Bill Would Catalog Mental-Health Records: Lawmakers were asked Friday to back a bill stepping up state record-keeping to help keep guns away from the mentally ill, but were told by a critic of the plan that it's a "stacked deck" targeting Nevadans' constitutional rights. Assembly Judiciary Committee members were told by Deputy Attorney General Kerry Benson that AB46 is required under a 2007 federal law change and that federal funds could be lost if it's not approved. Benson said Nevada must make a "reasonable attempt" to comply with the federal law, approved after the 2007 mass shootings at Virginia Tech that left 33 people dead, including the gunman whose prior psychiatric treatment wasn't listed in records checked by gun dealers who sold him weapons... http://www.mercedsunstar.com/280/story/699760.html Tangentially Related: Worried the federal government is increasing its dominance over their affairs, several states are pursuing legislative action to assert their sovereignty under the 10th Amendment of the Constitution in hopes of warding off demands from Washington on how to spend money or enact policy. The growing concerns even have a handful of governors questioning whether to accept federal stimulus money that comes with strings attached. The sentiments to declare themselves legally independent from Washington have swept across as many as a dozen states, renewing a debate over so-called unfunded mandates that last raged in the 1990s. The states question whether the U.S. government can force states to take actions without paying for them or impose conditions on states if they accept certain federal funding... (Some list members will recall that sheriffs Jay Printz [Ravalli County MT] and Richard Mack [Graham County AZ] won a Supreme Court ruling against the Clinton administration for an unfunded mandate in the Brady Bill. A section of that bill required chief law enforcement officers to conduct background checks for firearm purchases, pending the establishment of NICS, but provided no funds for them to do so.) http://www.washingtontimes.com/news/2009/feb/20/states-cite-10th-amendment-in-effort-to-cut-stimul/ --- Minnesota Legislator Revives Gun-Show Bill: Gun control advocates are taking another stab at changing a state law that allows people to buy handguns and assault rifles without a background check from unlicensed dealers. A similar bill got nowhere in the legislature last year, but chief sponsor Rep. Michael Paymar, DFL-St. Paul, said he hopes tweaks in the bill's language will satisfy the measure's opponents. "It's a good bill, a simple one designed to keep dangerous guns out of the hands of dangerous people," Paymar said... (Now it's a "gun show/Internet loophole" despite the fact that a firearm purchased over the internet must be shipped to an FFL. What about common hunting rifles, which generally fire more powerful rounds than either pistols or "assault rifles"?) http://www.startribune.com/politics/state/39844612.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUnciatkEP7DhUsl --- Hunting Rifles, The Next "Sniper Weapons": I wrote recently about the forcible citizen disarmament lobby's desire to ban .50 caliber rifles. In that piece, I pointed out that if such a ban were ever implemented, the gun prohibitionists would soon discover that a sniper limited to a .499 caliber rifle would not be seriously hampered by the loss of 1/1000th of an inch of bullet diameter, leading, no doubt, to calls for the banning of that caliber as well. Of course, a .498 caliber rifle would not really be noticeably less capable . . . etc. The disarmament lobby considers it bad form for gun rights advocates to bring up the "slippery slope," and decry the logic of that argument - just as they pour some more oil on the surface, and jack the incline up a few more degrees. In a comment responding to my piece on a potential .50 caliber rifle ban, I was reminded about one potential manifestation of said slippery slope... (When the USMC recreated its scout-sniper program in Vietnam, the rifles were Winchester Model 70's purchased through the Base Exchange system.) http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2009m2d20-Hunting-riflesthe-next-sniper-weapons --- Food for Thought: A thought experiment is one that can't really be done because of cost, technology, or political practicality. The one I propose is in the social realm. In your mind, select a zip code in the Denver metro area with high rates of robbery and assault. It is probably a residential area, houses or apartment buildings. If it is houses it is probably largely rental, because I predict it isn't a wealthy zip code. Now, go into this area and publicize a new program that is going to teach gun safety and use. Any and all residents can come learn how to safely handle a handgun. All comers are taken to a range and taught range safety, gun safety, and given the opportunity to shoot enough rounds that they feel confident in handling a gun safely and accurately. Next, you offer any and all graduates of this training who pass the Instacheck a free handgun and a lockbox bolted to the wall or floor of their home. Add 50 rounds of ammunition. Next, offer concealed carry classes to all who wish it from this set of people. Pay for the costs of a Concealed Carry Weapon permit for all who pass the class and pass the Colorado Bureau of Investigation and Sheriff's department investigations. Their final gift is a good holster for concealed carry... http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2009m2d20-A-thought-experiment?cid=examiner-email --- Open-Carry Demonstrations in Alaska: A growing group of Fairbanks gun rights activists will show their support for the Second Amendment today by openly carrying guns. "We're going to have an open carry day," Schaeffer Cox, unofficial leader of the Second Amendment Task Force, said Thursday. Members of the task force, which he called a "movement" more than a group or organization, will be displaying their firearms openly across Alaska's second largest city on Fridays, Saturdays and Sundays for the next two weeks, Cox said... Fairbanks police Chief Dan Hoffman doesn't have a problem with gun owners displaying their Second Amendment rights around town. "There's no law that prohibits a citizen in the state of Alaska from carrying an open, legal firearm," Hoffman said. "It's perfectly legal." Hoffman suspects the movement is a result of the election of President Barack Obama, a Democrat whom gun rights activists worry will crack down on gun ownership... (I would guess that bare arms would still be a bit uncomfortable in Alaska at this time of the year.) http://newsminer.com/news/2009/feb/20/fairbanks-group-will-bare-arms-support-gun-rights/ --- Oops, Wrong House: A Fayetteville man's plan to rob a Sampson County man's home went awry Tuesday when he got a surprise - an unexpected meeting with the home's owner, complete with a .22-caliber rifle. According to the Sampson County Sheriff's Office and the homeowners, Richard Corderro Woods, 21, of Asbury Road in Fayetteville was arrested Tuesday morning after Bryan Tew came home and allegedly saw Mr. Woods coming out the back door of his home in the 600 block of Eldon Store Road in the Mingo community. Mr. Tew, a local turkey farmer, said he was driving his tractor down the road to fill it with fuel around 11:30 when he noticed an unfamiliar Buick Roadmaster with a burgundy top parked in his garage with the trunk open. He said he parked his John Deere in front of the car, jumped down and was reaching behind the seat of his pickup truck for his rifle when he heard Mr. Woods kick open the back door, heard broken glass and saw him step outside with an armload of electronics, Wii games and a jar of change... (Challenging burglars [and other miscreants] with unloaded firearms may be hazardous to your health.) http://www.dunndailyrecord.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=104625 --- Dead Burglar Had Lengthy Rap Sheet: The home intruder gunned down by a northeast valley resident Sunday was a registered sex offender with a long criminal history, Las Vegas police said. The Clark County coroner's office identified the dead man as Mark Clinton Vains, 42, of Las Vegas. Vains died of multiple gunshot wounds to the chest at a residence on the 4600 block of Crystal Peak Drive, near Cheyenne Avenue and Las Vegas Boulevard. Resident Paul Witte returned home about 4:15 p.m. and upon entering, discovered Vains, who was carrying a pellet gun, homicide Lt. Lew Roberts has said... He [Witte] told KVBC-TV, Channel 3, that he knew something was wrong when he saw a suitcase on the floor containing his possessions. He chambered a round and fired at Vains, who rushed him holding what appeared to be a .45-caliber handgun. Witte didn't know it was a pellet gun until police told him later... (Carrying a bottom-feeding pistol without a round in the chamber may be hazardous to your health.) http://www.lvrj.com/news/39770977.html --- Rule Two Reminder: A star Mississippi high school football player accidentally shot and killed himself with his shotgun after he was pulled over during a traffic stop, a grand jury ruled Thursday... George County Sheriff Garry Welford said Thursday that his department's investigation found that after Sullivan took the teen's license and went back to his patrol car to check it, Johnson squatted down to move the shotgun from underneath the seat of his truck. He grabbed the barrel and the gun went off, said Welford, who did not know why the teen was trying to move the gun. By the time other officers arrived, Johnson was lying on the ground outside of the driver's side door with a shotgun on top of him, the barrel pointing toward his head, police have said. The grand jury report said the safety was off and one spent round was in the chamber... (Rule Two: Don't let the muzzle cross anything you're not prepared to shoot. This sort of incident is not that uncommon, when people grab long guns by the muzzle and an undetected object has gotten inside the trigger guard.) http://www.google.com/hostednews/ap/article/ALeqM5jqGBMRI69PDhzW14-LDvtS5H5s0AD96AB68G1 --- Stupid Is as Stupid Does: A Tucson man who killed a friend while playing Russian roulette was sentenced Friday to eight years in prison. Pima County Superior Court Judge Deborah Bernini imposed a slightly mitigated term for a manslaughter charge against Courtney Larsel Robinson, 22, for the September death of longtime friend Jason M. Brant, 22. Robinson could have gotten up to 21 years in prison. Robinson was charged with second-degree murder and weapons misconduct in Brant's death, but pleaded guilty to the lesser charge, which factored into Bernini's sentencing, she said. Bernini also sentenced Robinson to a concurrent 1.5-year prison term for an unrelated attempted forgery charge. http://www.tucsoncitizen.com/daily/local/110605.php --- New Hand Wipes Remove Lead: Hygenall Safety Products, a division of Mk-IX Technologies Corporation, today announced the availability of Hygenall hand wipes. Leveraging an exclusive license for science developed in the laboratories of the Centers for Disease Control and Prevention (CDC) and the National Institute for Occupational Safety and Health (NIOSH), Hygenall is a breakthrough hand wipe that safely removes 98 percent of trace lead particles as well as dirt and common germs associated with children's toys, clothing, paint and other common surfaces, from the hands. Compared to common soap and alcohol-based hand sanitizers - which cannot remove lead - Hygenall offers a much higher level of protection and prevention. Hygenall is currently being sold via www.hygenall.com and amazon.com... (Ostensibly, this product was developed after CDC discovered that soap and water failed to remove all lead particles from the skin of workers at a battery factory.) http://www.msnbc.msn.com/id/29118933/ --- Canadian Province Targets Gun Owners: ...In an effort to blunt growing public outrage over the Lower Mainland's recent wave of gang shootings, last week the provincial government released an 89-page report titled "The Illegal Movement of Firearms in British Columbia." The report slams local law enforcement ("There is no concerted strategy to deal with illegal firearms in the province."), but also targets law-abiding gun owners, who often face the scorn of government regulators after criminals get trigger-happy... Sounds reasonable. As gangland thugs scatter hot lead on city streets in broad daylight - using illegal and unregistered firearms - Big Government turns on Uncle Charlie and his 40-year-old Winchester bolt action... http://www2.canada.com/vancouvercourier/news/opinion/story.html?id=7606264c-0be0-4fb4-b813-9429381009f4 --- Canadian Cop Exploited Amnesty Program: A Calgary police officer who was accused of abusing a gun amnesty program pleaded guilty Tuesday to one charge of careless storage of a firearm. Dean Pankewicz, 43, was also facing four other charges, including trafficking and illegal possession of a firearm, but those were dropped after he pleaded guilty to careless storage. The 18-year police veteran was charged after an investigation into the sales of firearms that were supposed to be destroyed in a provincial gun amnesty. The investigation alleged Pankewicz bought 51 firearms that were supposed to be turned over and destroyed during the 2006 amnesty. It was alleged that on about 20 occasions, Pankewicz convinced someone who had called police to turn in a gun to sell it instead... http://www.canada.com/saskatoonstarphoenix/story.html?id=92fe857b-2ccf-486f-9c3b-a4d0d531e029 --- NRA-ILA Alerts: List members are encouraged to read this week's alerts on the NRA-ILA website. http://www.nraila.org/GrassrootsAlerts/read.aspx -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .