Unintended Consequences?: A Texas high school student's decision to bring a .38-caliber handgun to school in 1992 could end up at the center of the legal fight over President Barack Obama's health care reform plan. Alfonso Lopez Jr.'s arrest at Edison High School in San Antonio set in motion a legal battle that may prove crucial to 13 state attorneys general fighting the new law. Lopez, a senior when he was arrested for handgun possession in March 1992, ended up facing federal charges of violating the Gun-Free School Zones Act of 1990. But the Supreme Court, on a 5-4 vote, threw out his conviction five years later on the grounds that Congress exceeded its regulatory authority under the Constitution when it approved the 1990 law, which makes it a violation of federal law to possess a firearm in a school zone. In filing a lawsuit last week challenging the new health care law's mandate that everyone must have health insurance, the 13 state attorneys general - including Greg Abbott of Texas - cited the same legal reasoning that went into the Lopez ruling. At issue in both cases is the Constitution's commerce clause, which limits the regulatory powers of Congress to matters involving interstate commerce. In the Lopez decision, conservatives on the court led by then-Chief Justice William Rehnquist ruled that the 1990 gun law was unconstitutional because it had nothing to do with commerce between states... (The original Gun Free School Zones Act, struck down in 1995, was replaced in 1996 and the later statute has never been challenged.) http://www.chron.com/disp/story.mpl/hotstories/6943279.html --- The Speech Sarah Palin Should Give to the NRA: ... Now, what are you going to do about it? Next: The NRA should be even more at the forefront in explaining how the history of gun control in this nation has deeply racist roots. The first widely applied gun control laws targeted freed black slaves. Do your children learn this in school? Well? Do they? Next: The NRA should be center stage in respectfully, but firmly, reminding police officers and military personnel of their oath to support and defend the Constitution. The NRA should ask every police officer and active duty soldier if they will ever, under any circumstance, aid and abet in the disarming of the American citizenry. Any police officer or soldier who answers "yes" to that question must be drummed out of the ranks! Let's be very, very clear with this. This is not to make the overwhelming majority of honest cops and loyal soldiers our adversaries. To them I say, unreservedly: G-d bless you. As you stand with us we will stand with you! And may I quietly whisper in their ears: There are eighty million gun owners out there ... and about ten percent of them are real, real serious about the Second Amendment... http://www.jpfo.org/articles-assd/palin-to-nra-suggested.htm --- Fundraiser for Second Amendment March: As you know, the Second Amendment March in Washington, D.C. is a mere two weeks away. As a final push toward our goal, on April 7th we are running a one-day fundraising tool called a "Money Bomb". We have all heard the saying, "Freedom isn't free". Of course, that phrase means that the freedoms that we enjoy today are the result of the blood, sweat and tears of our forefathers and mothers who pressed onward in the face of great hardship - continuing to stand and fight for what they knew to be right - to create these United States that we call home. Freedom ISN'T free. It requires the willingness to remain vigilant, to take action, and to make sacrifices when necessary to ensure freedom for our children and our children's children. Now is the time to press onward to ensure that the right to keep and bear arms is preserved as intended by our forefathers - not as interpreted by legislators and lawmakers who enact laws that infringe on your right to protect yourself and your loved ones... Please note that no one at Second Amendment March receives any money. One hundred percent of all money raised goes toward actual expenses of organizing the state and national rallies. http://www.ammoland.com/2010/04/05/24-hours-away-second-amendment-march-money-bomb/ http://secondamendmentmarch.com/ --- DC vs. SCOTUS: During his presidency in the early part of the 19th Century, Andrew Jackson famously challenged the United States Supreme Court to try and enforce a ruling with which he disagreed. The high Court, absent any physical means to force a commander in chief to obey its order, could do little in the face of Jackson's defiance. The government of the District of Columbia in 2010 is emulating Jackson's defiant attitude. The issue involves the extent to which law-abiding citizens in the nation's capitol - which has long been a city that believes the safest citizenry is a disarmed citizenry - may possess a firearm in their own home. Two years ago, in a case involving a direct challenge to the three-decades old D.C. gun ban, the Supreme Court ruled that the Second Amendment did indeed protect a pre-existing individual right to "keep and bear arms"; and that the local government's complete ban on keeping a firearm in one's home (or anywhere else) was an impermissible restriction on that right. In the wake of that ruling, however, the District government has been doing everything it can to avoid allowing the citizens within its jurisdiction any meaningful Second Amendment rights... http://blogs.ajc.com/bob-barr-blog/2010/04/05/district-of-columbia-vontinues-anti-gun-agenda/?cxntfid=blogs_bob_barr_blog --- Empty-Holster Week: College students in Colorado and across the nation yesterday strapped on empty holsters to protest campus policies banning concealed carry on campus. The issue hits close to home in Colorado where Colorado State University recently overturned a long-standing policy allowing concealed carry on campus. Also, the pro-gun student group Students for Concealed Carry on Campus is continuing its quest to overturn the University of Colorado's gun ban. The group is appealing a lower court decision that dismissed a lawsuit filed by the group last year. The Colorado Court of Appeals heard arguments last month. Students for Concealed Carry on Campus, which formed after the 2007 Virginia Tech University shooting massacre, says the issue is about self defense... http://www.thedenverdailynews.com/article.php?aID=7937 Texas: This week some Tech students will join the national "Empty Holster Protest." Students will wear their empty holsters into classrooms all week to push for changes in legislation that would allow them to carry in classrooms...Texas law and Texas Tech Police currently allow licensed gun holders to carry on campus grounds and in vehicles, but not in buildings or residence halls. Farr hopes Tech will move to change those policies. "I think it disarms me," says Farr who lives on campus and feels he should be able to carry for self defense... http://www.kcbd.com/Global/story.asp?S=12259498 Virginia: It's a silent protest for their rights, but to these students it's more about their protection. Kevin Garris, President of Students for Concealed Carry on Campus says, "People that want to carry concealed weapons on campus are following the law." Garris is trying to change James Madison University's administrative policy regarding carrying concealed weapons on campus. "If you look particularly at JMU, a lot of people say guns and alcohol don't mix. I totally agree, but the alcohol and drinking and partying isn't taking place on campus. That takes place off campus where people can carry if they so choose," says Garris. The students who want to carry on campus, don't carry a gun if alcohol is anywhere near... The Students for Concealed Carry on Campus will hold an open forum to hear what community members and other students think. That will take place on JMU's campus Thursday from 6-8 p.m. The students hope to hold silent demonstrations around the commons throughout the week. Gun Rights Week runs until Friday. http://www.whsv.com/news/headlines/89950677.html Michigan: Carrying a concealed weapon at NMU is illegal, however, some students are protesting against this law by carrying empty holsters on their belts. The students think they should have the same rights as the rest of the public. Do you think students should be allowed to carry a concealed weapon on campus? Answer in the poll below [emphasis added] and tell us why you voted the way you did. http://www.uppermichiganssource.com/news/story.aspx?list=~\news\lists\local&id=439364 --- Arizona Governor Signs Preemption Bill, FFA: Arizona communities will no longer be permitted to have gun regulations stricter than state laws. Gov. Jan Brewer on Monday signed legislation which overrules any local ordinance which is more restrictive than those approved by the Legislature. And even in situations where the rules are the same, cities and counties could not have a penalty more severe than permitted by lawmakers. Most immediately the law, which takes effect later this summer, would overrule regulations that some cities have against people having handguns in city parks. Instead, that would leave only state laws which spell out how far from a building someone must be to fire a weapon. Separately, Brewer has penned her approval to legislation to exempt any weapons or ammunition manufactured and sold in Arizona from federal firearms laws. The governor, in a prepared statement, said the new law "should send a clear and convincing message that politicians in Washington should not attempt to get between Arizonans and their constitutional rights." ... (This preemption bill should be the final chapter in a fight, for more than a decade, over Tucson's ban of weapons in parks. Until the new law takes effect, only those with a valid carry permit can carry in a city or county park that is posted "no weapons." Prior to that compromise in the law, a city could ban weapons by ordinance and not even post signs to that effect. See AzCDL alert, below.) http://www.eastvalleytribune.com/story/152531 --- California Gunners Oppose Dealer Ordinance: On April 6, 2010, the Emeryville City Council will be hearing on second reading an ordinance that will require firearm vendors to obtain a permit from the Chief of Police that includes unlawful provisions, such as prohibiting those between the ages of 18 and 21 from entering a gun store where handguns are sold, and requiring a biannual inventory of all firearms possessed by the vendor. This ordinance is a modification of the [anti gun anti freedom group] Legal Community Against Violence's ("LCAV") model ordinance for firearm vendors. NRA/CRPA attorneys from the law firm of Michel & Associates, PC submitted a letter opposing the proposed ordinance. At the March 16, 2010 City Council meeting when the Council considered this ordinance, it, based on admonishments from Emeryville's City Attorney that the City could avoid risk of a lawsuit threatened by NRA/CRPA in its letter by removing provisions regulating ammunition, the Council amended the ordinance to do just that. However, the City Attorney did not advise the Council, at least publicly, on the merits of NRA/CRPA's position that remaining provisions are also unlawful. Thus, the Council approved the proposed ordinance as amended on first reading at that meeting... http://www.ammoland.com/2010/04/05/nra-and-crpa-submit-new-letter-opposing-firearm-dealer-ordinance/ --- Can California Spread Its Madness?: ...California's gun legislation is designed in a deliberate and systematic method in which gun possession can progressively be reduced among the populace by increasing costs, harassing manufacturers, and limiting availability. What California legislators have managed is a blueprint for gun elimination over a protracted period of time where the populace will become worn down and apathetic because it just isn't worth the effort to fight. Legislators won't directly confront our right to bear arms; they will only erode our access to them. In the last fifteen years, the number of gun dealers in our state has decreased by half. Any industry requires new products to keep it vibrant, if you can stop new product introduction, you can kill the industry. While District of Columbia vs. Heller has uplifted the spirits of 2nd Amendment supporters (and Bill of Rights supporters for that matter) there is fear we are being lulled into a false sense of security. Even after Heller, the City of Washington D.C. is still preventing citizens from obtaining firearms, and many other cities, including New York, Chicago, and San Francisco maintain draconian gun laws... (Recall that the nation's first ban on ownership of military-looking firearms was California's 1989 Roberti-Roos Assault Weapon Control Act. California recently received the highest score from the Brady Bunch for its infringements of the RKBA, with the implication that the other states need to catch up.) http://www.humanevents.com/article.php?id=36313 --- Oops, Wrong Lawnmower Shop: Ahmad Harris, the owner of Jennings Lawnmower Repair, shot and wounded a customer at about 10 a.m. Saturday morning after an argument escalated inside his store, located at 6502 West Florissant Avenue. Harris reportedly told police that the customer came behind the counter to threaten him, then left the store. When he returned, Harris said the man reached toward his waistband as if going for a gun. That's when the shopkeeper unloaded three rounds in self-defense. The customer was hospitalized with non-life threatening injuries and the St. Louis County [MO] Prosecutor has taken the case under advisement, with charges possible pending further police investigation. (I assume that "unloaded" really means "discharged.") http://blogs.riverfronttimes.com/dailyrft/2010/04/jennings_lawnmower_repair_stor.php --- Cooperating with Criminals: Detectives are investigating a deadly home invasion at a South Florida home. Police said, at around 12:34 Tuesday morning, an intruder stormed into the home along Northwest Sixth Court and 75th Terrace and tied up and robbed the couple inside. "I heard some shots," said Adino. Neighbors said even though the husband cooperated with the intruder and handed over valuables, he was shot dead. "Why did they kill him? She said they gave them everything that they have, so why did he kill him," said Adino, baffled. The 46-year-old man was a professor at Nova Southeastern University. The couple's five-year-old child was sleeping in another room when the incident occurred. Investigators said the robbers then set the home on fire before fleeing the scene. A gas can was recovered outside the front of the home. When firefighters arrived on scene to extinguish the blaze, they discovered the victims inside the home. "We did, upon searching the house, find a victim who was deceased on the back patio," said Plantation Fire Battalion Chief Joel Gordon, "and there was also a woman and a small child who both escaped without injury." ... http://www.wsvn.com/news/articles/local/MI83618/ --- Do as I Say, Not as I Do: "MP ministers love their 'exotic' guns," reads the India Today headline. "Ministers in Madhya Pradesh love their guns and love to flaunt them. Nearly half the ministers in chief minister Shivraj Singh Chauhan's cabinet own a gun. The chief minister himself is no exception...Not surprisingly, out of his 31 Cabinet colleagues 17 own firearms with some of them owning more than one guns. Owning a gun here is considered to be a matter of prestige," we are told, "where it is equated with a person's status in society." Indeed. That seems to be borne out by Abhijeet Singh, a business management professional, a gun owner, and author of "Gun Ownership in India," who gives us an interesting recent history lesson that brings us to the present... http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m4d5-India-gives-further-evidence-on-universal-futility-of-gun-control --- Tangentially Related: Can John Paul Stevens say it any more clearly without actually saying it? In a number of high-profile interviews, the Supreme Court justice, who will be 90 years old on April 20, has been sending the message in big, flashing letters: I'M GOING TO RETIRE... Anyone who is 90 years old doesn't need an explanation for retiring. But even though Obama will be in office for three more years, there is one particularly pressing reason Democrats would like to see Stevens go now rather than later. That reason is coming up this November. Democratic leaders know their 59-vote majority in the Senate will likely shrink after the midterm elections. It's a long shot, but Republicans might even win control of the Senate altogether. That scenario would be a nightmare for the White House, but even continued Democratic rule with a smaller majority would give the president less flexibility in choosing a successor to Stevens. And the narrower the Democratic majority, the greater the possibility Republicans might filibuster a particularly objectionable Obama nominee... http://www.washingtonexaminer.com/politics/Dems-dread-Supreme-Court-fight-after-elections-89952122.html The possibility of a Supreme Court nomination in the midst of a battle over the constitutionality of a momentous piece of legislation presents a terrific opportunity for a public debate over first principles. As I mentioned earlier, during confirmation hearings no nominee will entertain questions from the Senate Judiciary Committee regarding the constitutionality of Obamacare. That doesn't mean that the media shouldn't pose questions to possible nominees now. Most who perceive that they may be on the short list of possible nominees probably will do anything they can to avoid answering the questions. But that doesn't mean that asking the questions would be an exercise in futility. Rather, it's likely that the convergence of a Supreme Court vacancy with a constitutional challenge to one of the most controversial pieces of legislation in decades - indeed, the president's signature achievement - will produce a robust public discussion about federalism, the proper role and scope of government, and the relationship between citizen and state in America. Conservatives should seize the opportunity even if potential nominees do not... http://corner.nationalreview.com/post/?q=YWYxYjZmMzgzZGY1YjFkYTRkZTgyMmNjYTZhMGVjMDU= --- From AzCDL: Two ground-breaking bills were signed by the Governor on Monday, April 5, 2010. The first was HB 2543, Firearms Preemption. 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. The text of HB 2543 can be found here: http://www.azleg.gov/legtext/49leg/2r/bills/hb2543h.pdf . The second was HB 2307, the Firearms Freedom Act. HB 2307 exempts from federal law or regulation firearms manufactured and sold in Arizona as long as they remain in Arizona. This bill sets the stage for some interesting court action. HB 2307 is the latest in a multi-state challenge to federal authority to regulate firearms. Arizona just became the sixth state to pass a Firearms Freedom Act. About 20 other states have introduced similar legislation. Bills signed by the Governor become effective 90 days after "Sine Die," when the Legislature officially adjourns. In past years, the effective date of new laws has been in September. We have more good news! On April 5th the Senate Judiciary passed HB 2629 out of committee with a "strike everything" amendment that prohibits a political subdivision from maintaining records related to the transfer or storage of firearms. This amendment arose from reports of Mohave County being overly exuberant in recording information on people who are required to store their firearms in public buildings. We are still waiting for the House to schedule a final vote on SB 1108, the Senate version of the AzCDL-requested Constitutional Carry legislation. If you have not sent your letter to your Representatives, there is still time. Your letter is waiting for you at AzCDL's Action Center: http://capwiz.com/azcdl/issues/alert/?alertid=14824091 . In other news, HCR 2008 passed out of the Senate Natural Resources, Infrastructure and Public Debt (NRIPD) Committee on April 5th by a 5-1 vote with one member not voting. HCR 2008, if passed and approved by the voters, would add hunting and fishing as rights guaranteed under the Arizona Constitution. Today (April 5th), the NRA sent out a call for help on HB 2526, which exempts trap and skeet shooting clubs, meeting certain requirements, from property taxation. The Tucson Trap and Skeet Club, a non-profit 501(c)(3) organization, is under consideration to host the 2012 Shotgun World Cup and to become the winter training center for the U.S. Olympic shotgun team. In order to accomplish this, the club must make some significant improvements to the range and purchase the adjoining property. Once these improvements are made the club will have an increased tax burden that will likely triple the current property taxes they pay. HB 2526 will exempt the club from having to pay the higher tax burden. HB 2526 managed to get as far as the House Third Read before being defeated. However, HB 2526 is eligible for a reconsideration vote. Please contact your Representatives and urge them to support the passage of HB 2526. You can find your Representatives using AzCDL's Action Center: http://capwiz.com/azcdl/home/ . 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 © 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 .