NRA Granted Time to Argue in McDonald: The Supreme Court this morning granted a motion by the National Rifle Association for argument time March 2, when the justices will consider whether the Second Amendment individual right to bear arms applies against state and local restrictions on firearms. The NRA will take an unspecified number of minutes from the plaintiffs who are challenging Chicago's gun restrictions, and who are represented by Alan Gura of Gura & Possessky of D.C. and Virginia. The case is McDonald v. City of Chicago. Adding the NRA to the list of those arguing may seem unremarkable, but in fact, the NRA has not been the pivotal player in the recent Supreme Court litigation over the Second Amendment. That title goes to Gura, something of an upstart, who took the landmark D.C. v. Heller case to the high court in 2007. As we reported at the time, there were old rivalries and no love lost between Gura and NRA lawyers, whom Gura felt were obstacles, not allies in the litigation... So why did the Court grant the motion? Clement is a familiar face at the Court, and his presence may also represent a "cover all bases" strategy by justices who favor incorporation but are uncertain how the privileges or immunities argument will play out. Asked about the Court's decision Clement said, "I think the grant of the NRA's motion may signal that the Court is interested in ensuring that all the avenues to incorporation, including the due process clause, are fully explored at the argument." Clement added, "Of course, I look forward to working with Alan." ... (First, the NRA actually tried to sandbag Parker, the case which became Heller, ostensibly out of fear that the time was not ripe for such a big gamble. Second, many people fear that if McDonald is won via the "due process" clause of the Fourteenth amendment, instead of via the "privileges and immunity" clause, the power of the federal judiciary will again be expanded.) http://legaltimes.typepad.com/blt/2010/01/nra-will-argue-in-second-amendment-case.html ...The lawyers for Otis McDonald and his co-plaintiffs are libertarian activists, who are pushing an aggressive and potentially risky constitutional theory to the Court. Without getting too much in the legal weeds, McDonald is arguing that the Court should extend gun rights to the states through the little-known Fourteenth Amendment Privileges or Immunities Clause, and overrule a venerable precedent from 1873 called the Slaughter-House Cases, which protects state sovereignty by limiting the reach of Congress and the courts. The Slaughter-House Cases is only one step removed from Marbury v. Madison as one of the most important cases in American history... The problem is that this approach could endanger gun rights. The narrower your focus when arguing a case, the easier it is to get a court to go along with you. The broader your argument, the steeper the hill you must climb... For that reason, the National Rifle Association is working hard to keep the focus of this case where it belongs, on gun rights. Whether the Second Amendment gives 300 million Americans a right against state or local laws that ban guns is a monumentally-important issue for personal liberty, and so the NRA's argument presents only that issue before the justices... http://townhall.com/columnists/KenKlukowski/2010/01/25/mcdonald_gun-rights_case_round_one_goes_to_the_nra?page=full --- Meanwhile, Back in DC...: The outstanding lawyer Alan Gura, who won the case before the Supreme Court that struck down the ban on ownership of firearms in the District of Columbia today argued our case for the right, not only to "keep," but to "bear" arms, i.e., to carry them in public. Alan's smart and focused and we've got a strong case. Cato Chairman Robert A. Levy, who funded the previous case entirely out of his own pocket, made the case for the right to carry in an article in the Washington Post last year: "Gun Owners' Next Victory in D.C." That's the same Robert A. Levy who wrote "The moral and constitutional case for a right to gay marriage" for the New York Daily News earlier this month. Bob is neither a gun owner nor gay; he's just a decent person who believes in liberty and the rule of law. Oh, and he's brilliant, too. http://tomgpalmer.com/2010/01/23/our-case-for-the-right-to-bear-arms-argued-today/ --- Campus-Carry Movement under Attack: Special interests hostile to armed citizens and self-defense are once again spreading tired lies about Students for Concealed Carry on Campus and its mission. In press releases published mainly by anti-gun websites and blogs, groups such as the Campaign to Keep Guns Off Campus and the Brady Campaign claim that all efforts to rescind defense-free zones on college campuses in 2009 failed. Echoing similarly loaded and inaccurate allegations made earlier in the year, the notoriously anti-gun groups claimed failure in every state that considered concealed carry on campus legislation, calling such bills "dangerous," "radical" and "extremist." These allegations come on the heels of legislation announced in three states (Georgia, Arizona and Virginia) which would remove arbitrary bans of concealed firearms on campus... http://www.opposingviews.com/i/opponents-of-self-defense-recycle-old-lies --- Colorado, South Dakota to Consider Firearms Freedom Acts: Introduced in the State Senates of both Colorado and South Dakota last week is a bill known as the "Firearms Freedom Act." If passed, the bill would make state law that "any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in the state and that remains within the borders of the state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce." This now makes Firearms Freedom Acts already passed in Montana and Tennessee, and currently introduced in these 21 states: Alabama, Alaska, Arizona, Colorado Florida, Georgia, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, and Wyoming. According to Gary Marbut of the Montana Shooting Sports Association and author of the original bill that was introduced in Montana, "It's likely that FFAs will be introduced soon in West Virginia, New Mexico, Idaho, Kansas, Arkansas, Louisiana, North Carolina and maybe elsewhere" South Dakota's Senate Bill 89 (SB89) was introduced by State Senator Rhoden, and has 22 Senate co-sponsors and 44 House co-sponsors. Colorado's Senate Bill 092 (SB10-092) was introduced by State Senator Schultheis and has 9 Senate co-sponsors and 7 House co-sponsors... http://blog.tenthamendmentcenter.com/2010/01/colorado-south-dakota-firearms-freedom-act-introduced/ ...The "Firearms Freedom Act" model legislation that is "sweeping the nation" is merely political grandstanding and promises something that none of the politicians supporting it are able to deliver. The promise of the Firearms Freedom Act is that firearms manufactured entirely in one state would be free from federal regulation. The promise is merely illusory, as the legislation will make no difference in Montana or any other state that adopts it. The United States Supreme Court has already ruled that Congress has the power under the Commerce Clause to regulate firearms manufactured in one state. In 2003, the Ninth Circuit Court of Appeals, which sits in California, held that the Commerce Clause did not permit Congress to regulate a machine gun manufactured purely intrastate. See U.S. v. Stewart. This had the result of making unregistered homemade machine guns legal in the Ninth Circuit if there was no state law banning them. The Supreme Court vacated the opinion, however, and remanded to the Ninth Circuit to re-evaluate its holding on the basis of Raich v. Gonzalez, which held that medical marijuana grown for home use, with no intention to engage in interstate commerce, was subject to Congress's power to regulate interstate commerce. On remand, the case was reversed, since if Congress can ban homemade marijuana, there is no reason to believe that Congress cannot ban a homemade machine gun... (I'm sure that there were also those who questioned the value and import of the Boston Tea Party. Whether or not the legislators who introduce these bills can prevail against the federal Leviathan, the fact that they sense the political value of introducing them says a lot.) http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2010m1d23-Firearms-Freedom-Act-promises-something-politicians-are-not-able-to-deliver?cid=examiner-email --- Washington Gun Owners Protest "AWB" Bill: Although the press corps is already sounding Taps over Senate Bill 6396, which would ban the future sale of so-called "assault weapons" and heavily regulate those already in private possession, gun owners are planning a strong turnout in Olympia Tuesday morning for a hearing on the measure. They want to "send a message" to the bill's sponsors - State Senators Adam Kline (37th District), Jeanne Kohl-Welles (36th District), Darlene Fairley (32nd District) and Joe McDermott (34th District) - and their colleagues that banning guns in the Evergreen State is an idea that simply will gain no traction among gun rights voters. Backers of the bill have been practicing graveside politics to push the measure. The slayings of five police officers - four at the Parkland massacre and one in Seattle - and a Pierce County deputy sheriff have been fully exploited by Washington CeaseFire and the Brady Campaign to Prevent Gun Violence... http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2010m1d25-Press-sounding-Taps-over-Kline-legislation-hearing-turnout-could-cinch-bills-demise --- New Hampshire Bill Would Repeal Gun Ban: The House Rules committee today allowed Rep. Gene Chandler, R-Bartlett, to file a bill that would repeal the weapons ban now in place at the State House. Earlier this month the committee blocked Chandler's bill, which he proposed after House deadlines had passed. At the time, a joint House-Senate committee that controls uses of state buildings was considering a second vote on the ban. Rules members said until that issue was settled, and the ban was still subject to being overturned, it would be premature to allow the introduction of the bill. On Jan. 15, the Legislative Facilities Committee voted to keep the ban that it first imposed last month. The ban reinstates a policy that was in force for at least a decade, ending in 2006. It includes the Legislative Office Building, connecting tunnels and the historic Upham Walker House... http://www.unionleader.com/article.aspx?headline=Bill+advances++to+repeal+weapons+ban+at+State+House&articleId=df4e8062-7901-4bc5-82b0-f401587f5c67 --- Meanwhile, in Texas...: Gov. Rick Perry said Friday that he's not for increased security at the Texas Capitol after a shooting incident on its south steps this week. Perry said that "the last thing I want is the Texas Capitol to turn into DFW Airport," referring to security checkpoints that have become familiar features of airport terminals. Fausto Cardenas remained in Travis County's jail Friday, charged with felony deadly conduct in the Thursday shooting. Witnesses said he fired gunshots into the air and was reloading when state troopers tackled him. Perry said enough people in Texas have concealed handgun licenses to deter violent criminals. "That keeps us all safer," he said. His comments came as he accepted the endorsement of the Texas State Rifle Association and the National Rifle Association. Perry's in a tough fight with U.S. Sen. Kay Bailey Hutchison for the May 2 Republican nomination for governor. http://www.nbcdfw.com/news/local-beat/Perry-I-Dont-Want-Capitol-to-Be-Like-Airport-82445607.html Contrary Editorial: http://www.statesman.com/opinion/it-s-time-for-metal-detectors-at-the-195197.html --- Crittenton Pleads Guilty to DC Gun Charge: Washington Wizards player Javaris Crittenton pleaded guilty today to a misdemeanor for bringing a handgun into the Verizon Center last month, prosecutors and Crittenton's lawyer said. Senior Judge Bruce Beaudin of D.C. Superior Court sentenced Crittenton, 22, to a year of unsupervised probation. Crittenton will also have to perform community service with an NBA program for Haiti and with a children's organization in Washington. The charge - possession of an unregistered firearm - stems from an argument Crittenton had with teammate Gilbert Arenas in December. This month, Arenas pleaded guilty to a felony gun charge, and he's scheduled to be sentenced in March... http://legaltimes.typepad.com/blt/2010/01/wizards-crittenton-pleads-to-gun-charge-lawyer-says.html A Detailed Account: http://www.washingtonexaminer.com/local/crime/Arenas-teammate-admits-to-taking-gun-for-showdown-82636397.html --- Oops, Wrong Apartment: The Kern County [CA] Sheriff's Office has determined that a deadly shooting Monday morning was self-defense. Two men were shot at an apartment complex on the 2100 block of McCray Street, according to a sheriff's office news release. Buck McKay, 29, died, and an unidentified man is reportedly in critical condition at Kern Medical Center. Deputies were called to the complex about 5 a.m. There, they found McKay suffering from a single gunshot wound to the head. He was taken to KMC, where he later died. The second man was taken by private vehicle to Memorial Hospital and then taken to KMC. Investigators determined that McCray and the other man came to the apartments with a gun and "became involved in a disturbance with Jesse Ash," according to the news release. Ash, 26, and Gregory Alexander, 28, were interviewed by detectives and released. The shooting is still under investigation, but detectives believe Ash shot both men in self-defense. The sheriff's office didn't specify what sparked the confrontation. http://www.bakersfieldnow.com/news/local/82607612.html --- Oops, Wrong House, California Version: Police say a man opened fire on two prowlers who broke into his Oxnard home, striking one of them multiple times. Police say the man called 911 after seeing two prowlers in his backyard Monday morning. Before police arrived, the intruders had forced open a locked door leading into the home. The man said he opened fire with a handgun when they ran toward him. Both intruders then ran out of the house. Police say a 31-year-old man was found lying in the driveway with multiple gunshot wounds. He was taken to a hospital where he was listed in stable condition. Police say the second intruder, who reportedly also had been shot, was seen running from the neighborhood and remains at large. http://www.mercurynews.com/breaking-news/ci_14268488?nclick_check=1 --- Oops, Wrong House, New York Version: A 52-year-old city man shot a 22-year-old man in the chest Wednesday evening, but police said he is not expected to be charged after investigators learned he was likely defending himself from a burglar. The younger man, Parrish C. Spencer Jr., of Falls Street, broke the window of a side door and kicked in the door about 5:30 p.m. to get inside the two-story home of Willie J. Carson in the 500 block of 25th Street, police said. After Spencer got inside and went upstairs, Carson shot him, police said. Spencer is in stable condition today at Erie County [Medical Center. Investigators found broken plexiglass at the scene. Captain Ernest C. Palmer, chief of detectives, said Carson was not charged but the case has been turned over to the Niagara County district attorney's office for further investigation. Charges may be filed against Spencer, Palmer added. http://www.buffalonews.com/258/story/930442.html -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. The tactics and skills to use a firearm in self-defense don't come naturally with the right to keep and bear arms. http://www.spw-duf.info .