Heller 2 Heads to Court of Appeals: A federal appeals court in Washington will have the chance to examine the latest version of the District of Columbia's gun restrictions, in a possible test of how to apply the U.S. Supreme Court's 2008 decision in D.C. v. Heller. Lawyers for Dick Heller, a name party in the earlier case, filed a notice Thursday that they will continue fighting in this follow-up case. They are appealing to the U.S. Court of Appeals for the D.C. Circuit to reverse a March 26 decision by U.S. District Judge Ricardo Urbina. That ruling upheld new restrictions the D.C. Council passed in the wake of the 2008 decision. For example, all handguns must be submitted to D.C. police for a ballistics identification process. Stephen Halbrook, a lawyer for Heller, said a week ago that an appeal of Urbina's decision was likely because, he said, the judge was overly deferential toward the city. Lawyers for the District say the council worked to strike a balance between Second Amendment rights and public safety concerns... http://legaltimes.typepad.com/blt/2010/04/next-challenge-to-gun-laws-headed-to-dc-circuit.html --- The ATK Brass Issue Continues: Montana U.S. Senators Baucus and Tester have sent a strongly-worded letter to the Department of Defense insisting on answers soon to pointed questions about military brass destruction. Thanks to Baucus and Tester for this effort. You may read the Baucus/Tester letter at: http://www.progunleaders.org/ammo/Update2.html It seems that there may be two separate problems related to destruction of military brass: 1) The sweetheart side deals defense contractor ATK has been promoting with military installations to destroy brass, and 2) That many military installation commanders may not be in compliance with a congressional prohibition that no Congress-appropriated funds may be used to destroy brass. This may be because DoD simply didn't make the effort to inform installation commanders that Congress had prohibited destruction of brass. Here's the language that was included in the 2009 Department of Defense appropriation by Congress: "None of the funds available to the Department of Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use." It will be very interesting to see what answers Baucus and Tester get from DoD by the deadline set in their letter. ALSO, members of Congress from other states need to be pestered to join Baucus and Tester in this effort, or make similar efforts separately. Gary Marbut, president Montana Shooting Sports Association http://www.mtssa.org author, Gun Laws of Montana http://www.mtpublish.com --- Empty-Holster Week: College students across America will once again strap on empty holsters in an act of silent protest against laws and policies banning licensed concealed carry on campus. The protest, sponsored by Students for Concealed Carry on Campus (SCCC), will take place April 5-9, 2010 and comes on the heels of college administrators discriminating against concealed carry permit holders, and censoring students who disagree. According to the group, colleges have repeatedly ignored or attempted to keep students from discussing the issue. In Pennsylvania, one college banned SCCC member Christine Brashier from handing out fliers about the group, stating, "You may want to discuss this topic but the college does not, and you cannot make us." Another college in Texas tried to block students from wearing the symbolic empty holsters on campus until a federal judge ruled that their ban violated the First Amendment. And a recent decision at Colorado State University overturned a long-standing policy that allowed concealed carry, despite the fact that crime on campus decreased rapidly since allowing concealed carry on campus, and no problems were reported among permit holders. The ban was opposed by students, Student Government, and local law enforcement... http://www.opposingviews.com/i/students-resist-colleges-strap-on-empty-holsters --- Those Who Fail to Understand the Past...: ... "The State of New York about a year ago [1911] enacted a very drastic firearms law, known as the Sullivan law. This law was intended to stop crime, and statistics show that there has been more crime in that state than ever. Crime conditions even got so bad that enterprising concerns in New York are issuing insurance policies against loss by holdups. The presidents of seven burglar insurance companies have petitioned the state legislature to repeal the Sullivan Law." ... http://www.ammoland.com/2010/04/02/firearms-industry-and-the-second-amendment/ If you live in Los Angeles then it probably never even occurred to you that the people of California generally have the right to openly carry an unloaded handgun in a belt holster in public. One of the reasons you don't see people exercising this lawful right in Los Angeles goes back to 1926. The Chief of the Los Angeles Police Department formed a death squad and instructed his police officers to go out and murder anyone they say carrying a gun or selling alcohol... http://www.examiner.com/x-30407-LA-AntiEstablishment-Examiner~y2010m4d2-Democrat-seeks-to-ban-open-carry-of-guns-in-California?cid=exrss-LA-AntiEstablishment-Examiner --- Oregon TEA Party Bans Firearms: This memo is not to tell you how to behave but to bring out some points of interest that may generate conflict and gain us some bad publicity. We want everyone to have a good time as well as get our points across. Hopefully we will have the media there and we do not want our faces splashed across the front page associating us as a bunch of misfits that are not satisfied with the our current situation. The message is to our Legislators, that we have had enough, is what we are trying to get across and they need to listen and pay attention, if they wish to be re-elected... So, Please, no alcohol, no fires, no firearms. We ask that you leave no mess behind, take everything you brought with you when you leave, including the kids. We are not cleaning up after it's over and we do not need to bring home a bunch of kids... (Pretty disappointing - not only is the entire tone of this code of conduct condescending, whoever wrote it apparently never even thought to distinguish between licensed CCW and open carry. Take a look at how much respect this has garnered from the left: http://www.blueoregon.com/2010/04/teabaggers-dont-bring-guns-and-fire-to-a-public-event-please.html?cid=6a00d8341c2c3f53ef01347f9986f1970c.) http://oregontaxdayrally.ning.com/events/tax-day-rally-capital-steps --- West Virginia Governor Vetoes NRA-Backed Bills: Although he has been heartily backed by the National Rifle Association since his first wade into political combat, Gov. Joe Manchin vetoed two of the group's bills Friday - one of them a proposed sales tax holiday on the purchase of firearms and ammunition. Manchin also crushed an NRA measure known as the "Michael Bloomberg" bill, tailored to punish out-of-state undercover agents who entice West Virginia gun owners to illegally sell firearms. Except in this matter, the veto was purely for technical reasons... The NRA bill seeking to punish anyone enticing illegal gun buys in West Virginia to expose them to potential business-killing lawsuits was killed by Manchin with reluctance. "I am in full support of this legislation," Manchin said of SB515. However, I must veto the bill for technical reasons. There is a faulty cross-reference in the bill that would purportedly penalize violations of an unrelated code section." ... http://www.register-herald.com/todaysfrontpage/x552029978/Manchin-guns-down-NRA-backed-bills ... Governor Manchin, who aspires to be a U.S. Senator (and likely will appoint himself to the Senate when Senator Byrd dies) has exposed himself for what he really is. When he eventually faces the voters of this state after appointing himself to the U.S. Senate, we need to not be fooled again and instead make sure that West Virginia does not elect a senator who will vote more often with Chuck Schumer, Dianne Feinstein, Frank Lautenberg, and their fellow travelers, than with the people he represents. http://archive.constantcontact.com/fs061/1102955222215/archive/1103263699454.html --- Non Sequitur in Iowa: A Marengo man facing a first-degree murder charge exemplifies why Iowa should not strip sheriffs of their discretion to issue permits to carry weapons, Iowa County Sheriff Robert Rotter said. Tonch Weldon, 37, who is accused of killing Amy Gephart, 35, with a shotgun in June, is one of five Iowa County residents whose requests for weapons permits were denied last year, Rotter said. Rotter said his decision did not stop a murder [emphasis added], but it stopped the issuance of a weapons permit to a person he judged capable of violence, even though Weldon had no disqualifying criminal or mental instability record. Under legislation passed Monday, his insights as the local sheriff would no longer be relevant, he said. The bill - approved 81-16 in the House and 38-4 in the Senate - effectively converts Iowa from a state in which sheriffs "may issue" the permits to a state in which they "shall issue" them. The bill awaits action by Gov. Chet Culver... (He admits that denial of the permit failed to stop the more serious offense of murder so what's the point? Is Gephart less dead because Weldon lacked a carry permit?) http://www.desmoinesregister.com/article/20100401/NEWS01/4010357/-1/archive/Proposed-change-in-gun-law-draws-ire-of-county-sheriffs --- Sad If True: During his sentencing in Prince George's County [MD[ Circuit Court on Friday, David A. Eichelberger, the former police chief of the town of Morningside, told the judge that he illegally sold a police weapon last year so he could afford diapers for his children... Eichelberger's attorney, William C. Brennan, said during the sentencing hearing that probation would be appropriate. Brennan told Rattal that his client joined the Morningside police force with the promise of a salary of $56,000 a year and the opportunity to supplement that by moonlighting (many officers work second jobs as security guards). But shortly after he joined the department, Morningside fired its police chief, and Eichelberger was appointed to the job, at a salary of $38,000 a year, Brennan said. As chief, Eichelberger was prohibited from working a second job, Brennan said. Eichelberger sold the handgun and a shotgun to the operator of an auto shop last July, for a total of $600. Authorities determined the sale of the shotgun to be legal. Eichelberger was an officer, not the chief, at the time. He was fired Oct. 2 after news reports surfaced that he was under investigation for selling the firearms... http://www.washingtonpost.com/wp-dyn/content/article/2010/04/02/AR2010040203208.html?hpid=sec-metro --- Oops, Wrong House: ...According to Tulsa County [OK] sheriff's deputies, a couple was entering the home through the back door when they heard a noise in the master bedroom. Deputies say the homeowner went to the bedroom and confronted the intruder. "He walked in until he got close to the master bedroom, at that time he saw a burglar in the house, the burglar was carrying a sword that belonged to a homeowner, approached the homeowner, the homeowner told him to stop, pulled out his gun, guy didn't stop, and shot him," said TCSO Captain John Bowman. Bowman says the intruder then reached for a gun in his pocket, so the homeowner fired two more shots, striking the man in the chest, killing him. Detectives from the sheriff's office found Tiffey dead in a hallway of the home, and besides the sword by his side, say he did have other weapons with him. "He had a .38 caliber handgun in his pocket, he had the homeowners 9mm handgun, a stun gun and a knife," said Sgt. Shannon Clark, Tulsa County Sheriff's Office... (See Rule Five Reminders, below. All's well that ends well but, generally, if you return home to signs of a burglary, if you don't have to rescue anyone inside the home, it's wisest to dial 911 and let the police confront the intruder.) http://www.newson6.com/Global/story.asp?S=12246529 --- Rule Five Reminder: A SWAT team member of the Sanford [FL] Police Department is in hot water after his police issued weapon was stolen from his car. This happened in Volusia County where the officer lives over the weekend. As of Tuesday night that high powered gun is no where to be found. Volusia County Deputies report 8 cars were broken into in a north east Deltona neighborhood. One of those cars just happened to belong to the Sanford Officer. The cars hit were parked in the street and in driveways. Volusia County couldn't say where the officer's car was parked but say it is an unmarked vehicle so it doesn't appear the officer was targeted. Sanford Police are not saying what type of gun was stolen all they will say is it is police issued... (Rule Five: Maintain control of you firearm.) http://www.myfoxorlando.com/dpp/news/seminole_news/033010swat-officers-gun-stolen-from-car Cleveland Browns nose tackle Shaun Rogers has pleaded not guilty to a concealed weapons charge after authorities say he tried to carry a loaded handgun through airport security in a carry-on bag... The 31-year-old apologized to his fans and his team Friday after spending a night in jail, saying he didn't mean to take the gun into Cleveland Hopkins International Airport. Rogers told police he forgot the gun was in his bag when he attempted to fly to Texas on Thursday... http://www.azdailysun.com/sports/article_5a9d72ae-794a-5051-a0a3-d69ce5486547.html --- Reminder on All Rules: Two people were injured when a gun went off inside their vehicle near the Utah-Idaho border... When they were near the town of Portage, the highway patrol says Glines had the pistol. He took the magazine out and showed it to the other passengers. They looked at it and gave it back to him. Cpl. John McMahon, with the Utah Highway Patrol, explained, "He replaced the magazine in the gun and slid the slide forward, which chambered around [sic] into the barrel of the gun. The driver then asked him a question about the safety issues of the glock; one of which is if you move the slide of the gun backwards it disengages the trigger and the gun doesn't fire. The passenger, unfortunately, wanted to show this safety issue and didn't disengage the slide far enough." The highway patrol says Glines then pulled the trigger and the gun went off. The bullet went through his hand and hit the driver in the forearm. Part of the bullet lodged in the driver's forearm, but also exited and hit the driver side door and shattered the window. Baugh was able to safely pull the car over safely and called 911. The highway patrol says Glines legally owned the gun and had a concealed weapon permit, but they say he did not follow the number one rule, which investigators say is to always treat the gun as if it's loaded. The highway patrol is still investigating this case, and they say charges could possibly be filed. (The Rules: http://www.spw-duf.info/safety.html. It's students like these who make it difficult to get legislators to approve campus carry.) http://m.ksl.com/story.php?nid=148&sid=10248669 --- Worth Noting: Dean Speir, "formerly famous gunwriter," has apparently had his fill of moderating forums for The Gun Zone (http://www.thegunzone.com/), his outstanding website. Instead, he has added a blog, where he and his co-administrator post what they view as the more crucial correspondence they receive. http://www.thegunzone.com/wwwroot/TGZBlog/ --- Tangentially Related: After months of budget problems and criticism from the right, the community organizing group Acorn plans to release a letter next week clarifying its path forward and stating that its local chapters may be closed, but the national organization is alive and well. "You will continue to hear from Acorn - in the mail, on the Web, and in the media," says the letter, a draft of which was provided to The New York Times. "And we need your continued support to counter the vicious antifamily, antiminority, anti-immigrant attacks of the Republican right." The letter, which says the organization will continue working for health care reform, immigration reform and affordable housing, comes after Acorn announced last month its plans to close all of its local chapters and field operations by April 1... (No mention is made of whether Big Brother's regime will be furnishing brown shirts as ACORN uniforms, prior to the 2010 election.) http://www.nytimes.com/2010/04/03/us/politics/03acorn.html?ref=us --- From AzCDL: This has been an exciting week! Two ground-breaking bills were sent to the Governor and an historic bill is waiting for one final vote in the Legislature. None of this would have been possible without YOUR involvement. HB 2543, the Firearms Preemption bill, was sent to the Governor on March 31st. HB 2543 strengthens state firearms preemption laws, adds firearms storage and accessories to the list of things political subdivisions cannot regulate, and removes the prohibition on carrying a firearm in public parks without a concealed weapons (CCW) permit. A letter to the Governor, urging her to sign HB 2543, has been prepared and is waiting for you at AzCDL's Action Center: http://capwiz.com/azcdl/issues/alert/?alertid=14886141 . HB 2307, the Firearms Freedom Act, was sent to the Governor on March 30th. A letter to the Governor, urging her to sign HB 2307, has been prepared and is waiting for you at AzCDL's Action Center: http://capwiz.com/azcdl/issues/alert/?alertid=14886176 . The Governor has 5 days (not counting Sunday) to make a determination on the fate of any bill sent to her desk. She can sign it, let it pass without her signature, or veto it. The deadline for HB 2543 is April 6th. The deadline for HB 2307 is April 5th. While we do not anticipate a veto on these bills, we recommend that you take the time to go to AzCDL's Action Center and send your letters to the Governor. We are still waiting for a final House vote on SB 1108, the Senate version of the AzCDL-requested Constitutional Carry legislation. We expected a vote earlier this week, but it was postponed while the House dealt with other matters. We are now expecting a vote early next week. We are optimistic of the outcome, but it's dependent upon your Representatives hearing from YOU. We thank the over 700 who have already contacted their Representatives. However, that number should be in the thousands for this legislation. If you have not sent your letter, it is waiting for you at AzCDL's Action Center: http://capwiz.com/azcdl/issues/alert/?alertid=14824091 . Continue to spread the word and urge every gun owner you know to contact their Representatives and ask them to support SB 1108. Stay tuned! When critical legislation moves, we will notify you via these Alerts. If you want to get legislative news as it happens, follow AzCDL on Twitter: http://twitter.com/AzCDL_Alerts . AzCDL "tweets" from the Capitol with committee votes and breaking news as it happens. You can also follow AzCDL on Facebook: http://tinyurl.com/FacebookAzCDL . AzCDL's Political Action Committee (PAC) is also on Facebook: http://tinyurl.com/FacebookAzCDLPAC . These alerts are a project of the Arizona Citizens Defense League (AzCDL), an all volunteer, non-profit, non-partisan grassroots organization. Renew today! http://www.azcdl.org/html/join_us_.html . AzCDL - Protecting Your Freedom http://www.azcdl.org/html/accomplishments.html . Copyright © 2 010 Arizona Citizens Defense League, Inc., all rights reserved. In addition to a number of guns shows, AzCDL volunteers will be working Tax Day (April 15th) events wherever we been invited and have the volunteers and equipment to do so. If you interested in volunteering, please contact John or Tom to get on the schedule. Volunteers who contact us first get first choice on scheduling. Phoenix area - contact john.rosado@AzCDL.org . Tucson and Southern Arizona - contact tom.woodrow@AzCDL.org . April 10 & 11 are the Founders' Days in Tombstone: http://www.tombstone.org/Eventsnew/eventsindex.htm . Please contact tom.woodrow@AzCDL.org to volunteer. April 15th is the date of a number of Tea Parties. So far, it looks like AzCDL will be at: Diablo Stadium in Tempe http://www.americansforprosperity.org/031910-april-15-tax-day-tea-party-tempe-diablo-stadium . (Please contact john.rosado@azcdl.org to volunteer) Presidio Park in Tucson http://www.tucsonteaparty.org/?p=853 . (Please contact tom.woodrow@AzCDL.org to volunteer) Veteran's Park in Sierra Vista http://valleyteaparty.com/pdf/flyer-2up-sierra-vista.pdf . (Please contact tom.woodrow@AzCDL.org to volunteer) April 17 & 18 is the American Arms Association gun show at the Beaudry RV Center in Tucson. Please contact tom.woodrow@AzCDL.org to volunteer. April 19 is the nationwide Second Amendment March. Arizona's will be a rally on the lawn at the State Capitol in Phoenix between Noon and 2 PM: http://www.gunlaws.com/AZ-Only-2AMarchOnPhoenix.htm . If you would like to help educate the gathering about AzCDL, please contact john.rosado@azcdl.org to volunteer. April 24 & 25 is the Crossroads gun show at the Arizona State Fairgrounds in Phoenix. Please contact john.rosado@azcdl.org to volunteer. If you can spare a few hours we would deeply appreciate your help. AzCDL's phenomenal growth (over 3,000 new members so far!) is primarily because of the hard work of our volunteers. These events provide a great opportunity to educate other gun owners about our hard won successes and the legislation this year, like Constitutional Carry and Preemption, which needs their support. If your AzCDL membership is coming up for renewal, you'll save $10 if you renew at any event! It's like getting paid to attend! Sustaining memberships also get a FREE AzCDL t-shirt. Not a member? Not a problem! You can join AzCDL at these events and still get the $10 discount. A listing of upcoming Arizona gun shows can be found at: http://www.americangunshows.com/GunShows/AZ-GunShows.htm . These alerts are a project of the Arizona Citizens Defense League (AzCDL), an all volunteer, non-profit, non-partisan grassroots organization. Renew today! http://www.azcdl.org/html/join_us_.html . You can also follow AzCDL on Twitter: http://twitter.com/AzCDL_Alerts and Facebook: http://tinyurl.com/FacebookAzCDL . AzCDL's Political Action Committee (PAC) is also on Facebook: http://tinyurl.com/FacebookAzCDLPAC . AzCDL - Protecting Your Freedom http://www.azcdl.org/html/accomplishments.html Copyright © 2010 Arizona Citizens Defense League, Inc., all rights reserved. -- 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 .