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Newslinks for 6/30/2010

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We have a long way to go
Submitted by: Barry Bright
Website: http://willowtown.com/promo/blogfp.htm

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... "The Second Amendment says among other things that we have a right to not only 'keep' but also to 'bear' arms. ..."

"Many mushy 'conservatives,' ... will ask, 'Well gee Bright, when will you be satisfied?' Here's my answers:"

"I will not be satisfied until I can carry a fully automatic weapon, or whatever tool is commonly carried by the government's infantry soldiers, slung over my shoulder, anywhere, that's the 'anywhere' that's in the dictionary. And no one will blink ..."

"I will not be satisfied until they repeal GCA '68 ... and the National Firearms Act ..."

"I will not be satisfied until all free persons, regardless of their past records, have their natural-born rights to self defense restored ..." ...
 

Gun rights legal battle shifts to North Carolina
Submitted by: Charlotte Gun Rights Examiner
Website: http://www.GunsPoliticsandFreedom.com

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"Grass Roots North Carolina* has joined Michael Bateman, Virgil Green, Forrest Minges, Jr., and the Second Amendment Foundation in a lawsuit against the state’s emergency powers gun ban." ...

"Filed in U.S. District Court for the Eastern District of North Carolina, the official title is Bateman et al v. Perdue et al, ... It contends that state statutes forbidding carrying of firearms and ammunition during declared states of emergency, as well as laws enabling government officials to prohibit purchase, sale and possession of firearms and ammunition are unconstitutional because they forbid the exercise of Second Amendment rights as affirmed ... in McDonald v. Chicago." ...

"*Disclosure: The author is president of Grass Roots North Carolina."
 

Is NRA squelching dissent on Kagan?
Submitted by: Bruce W. Krafft

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"'On Monday, June 28, the U.S. Senate Judiciary Committee will begin confirmation hearings on the nomination of Solicitor General Elena Kagan to be an Associate Justice of the U.S. Supreme Court,' the NRA-ILA ... Grassroots Alert begins."
"[H]er record...shows a hostility towards our Right to Keep and Bear Arms, such as her role in developing the Clinton Administration's 1998 ban on importation of many models of semi-automatic rifles; her note mentioning the NRA and the Ku Klux Klan as 'bad guy' organizations ..."
"That being the case, a report by Erick Erickson at RedState.com becomes all the more troubling:" ...
 

Institute for Justice on the Second Amendment and the Privileges or Immunities Clause
Submitted by: Bruce W. Krafft

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"The folks over at the Institute for Justice praise the ruling on the Second Amendment by the Supreme Court, but also take issue with the unwillingness to tackle incorporation through the Privileges or Immunities Clause:"
"The pivotal fifth vote was Justice Clarence Thomas, who noted that, for all the disagreement between the two groups of four Justices, 'neither side argues that the meaning they attribute to the Due Process Clause was consistent with public understanding at the time of its ratification.' ..." ...
"As I noted yesterday, the Court seemed determined not to even bother with Privileges or Immunities Clause for no substantive reason other than they didn't want to:" ...
 

Gun rights group says Chicago meeting permit pulled, alleges 1st Amendment violation
Submitted by: Bruce W. Krafft

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"An Illinois group that supports the right to carry guns is saying its 1st Amendment rights have been violated as the group attempts to fight for 2nd amendment rights."

"Illinois Carry spokesman Gerald Vernon says his group has been denied access to a Chicago Park District meeting room where it was scheduled to hold a meeting tomorrow night to promote the right to carry."

"The Chicago Park District denies Vernon's claims ..." ...

"The Park District says the meeting room permit was rescinded because of concerns the crowd would draw many more people than organizers predicted ..." ...

"Vernon says his group is scrambling to get out new flyers about the new location at Chicago State. ..." ...
 

Safer Streets 2010: Safer streets finally underway again
Submitted by: Bruce W. Krafft

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"Once in a while, a Los Angeles Times Editorial surprises me on liberty and second amendment issues. Today's editorial finds the Times agreeing with the Supreme Court's 5 - 4 decision to incorporate 2A such that states have to follow the same rules as the feds. The last line of the editorial is 'Better that than a selective enforcement of the Bill of Rights.' Selective enforcement of gun laws has been the abuse of due process. Some restrictions on the mentally ill sounds fine to us, but the definition of who is mentally ill – such as soldiers returning home after they have been entrusted with the lives of others – is an abuse of process for gun control. A lot of work remains." ...
 

The Right of the People to Keep & Bear Arms
Submitted by: Bruce W. Krafft

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... "Does the 2nd Amendment establish a right of individual citizens to keep and bear arms? My friend and esteemed Keloland colleague, Cory Heidelberger, argues not. His argument is a familiar one of late, but only of late. Indeed, it is the only coherent argument against the obvious conclusion that the Supreme Court reached."

"Cory reads the portion of the amendment up to the second comma as controlling. ..." ...
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Submitter's Note: Cory is correct, but for the wrong reasons. The First Amendment does not create the rights to free speech and religion and peaceable assembly, it protects these pre-existing rights. Likewise the Second Amendment does not establish the right to keep and bear arms, it protects it.
 

Note From The Second Amendment March Founder
Submitted by: Bruce W. Krafft

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"Dear 2A Supporters, Just a short note to share our vision for 2011."

"We are already busy planning and organizing the mother of all 2nd Amendment extravaganzas. I can’t share details with you now, but trust me when I say 'You're going to love what we've got cooking here in the 2A kitchen!'"

"The 2nd Amendment movement has taken a real beating by the mainstream press for several decades, and they’ve weakened our public image. I say it’s time to fight back! My biggest goal for 2011 is to improve the public image of gun owners by bringing an unprecedented number of new supporters into the shooting sports and 2A activism. We need more women and families in our ranks." ...
 

No, seriously: Don't talk to the cops (videos)
Submitted by: Bruce W. Krafft

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"I've posted this before, but I think it's worth repeating. I've actually read a few local stories where the police had limited leads, thought maybe they had the right suspect, but then someone threw magic fairy dust all over the place and the person just confessed. That's all sunshine and flowers for those of us who abide by the law, but I hate the reason guilty people do it: police trick them into believing it is in their best interest to do so. This is rarely, if ever, true. The police are not looking to help out those they suspect of crimes. That isn't their job. And don't think to yourself, 'Oh, I’m innocent. Where's the harm?' You can still get screwed." ...
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Submitter's Note: The law professor and LEO explain why, even if you are completely innocent of anything, you should not talk to the cops.
 

A Few More Points on McDonald
Submitted by: Bruce W. Krafft

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"I still haven’t finished reading the full 214-page opinion, but a few points to add to the statement I made yesterday:"
"Justice Alito’s plurality opinion ... is a tight 45-page discussion of the history of the right to keep and bear arms and how it relates to the Court's 'incorporation' doctrine under the Fourteenth Amendment’s Due Process Clause. No ... denial or disparagement of the Privileges or Immunities Clause — just denying to take up the issue ..."

"Justice Thomas provides a magisterial 56-page defense of the Privileges or Immunities Clause, resurrecting a long-beleaguered constitutional provision. ... Note that without Thomas’s vote, there is no majority ... That means P or I is relevant and enters the casebooks and Court precedent." ...
 

Dissenting justices in McDonald decision illustrate extremism of anti-gun mindset
Submitted by: Bruce W. Krafft

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"In the aftermath of the Supreme Court's McDonald v. Chicago decision, the Wall Street Journal made an interesting observation:"
"The majority opinion does leave room for some state and local gun regulation. And the liberals could have joined the majority to help shape the opinion and allow for even more state and local latitude. So it's striking that they instead came out in full-throated dissent and refused to accept even the basic finding in Heller."
"Actually, to say that the 'majority opinion does leave room for some state and local gun regulation' is an understatement ..."

"Getting back to the WSJ article, the point it makes about the motivation of the four dissenting justices is worth exploring ..." ...
 

Guns: No Exception
Submitted by: Bruce W. Krafft

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"The Supreme Court's ruling in McDonald took the right course by reaffirming an individual right to keep and bear arms. It was disappointing, however, for two reasons: the narrowness of the 5-4 vote, and the basis on which the majority ruled."

"The high court extended ... its ruling in the 2008 Heller decision through a mechanism known as substantive due process ..."

"In so doing, it bypassed an opportunity to restore the privileges and immunities clause to its properly robust stature. That cautious approach may please those who disdain judicial activism. But judicial activism is an entirely appropriate response to infringements on fundamental rights by the legislative and executive branches." ...
 

Arms Liberty at Last
Submitted by: Bruce W. Krafft

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"Now that the Supreme Court of the United States has decided that the Second Amendment to the Constitution means that individual Americans have a right to bear arms, what can we expect?"

"Those who have no confidence in ordinary Americans may expect a bloodbath, as the benighted masses start shooting each other, now that they can no longer be denied guns by their betters. People who think we shouldn’t be allowed to make our own medical decisions, or decisions about which schools our children attend, certainly are not likely to be happy with the idea that we can make our own decisions about how to defend ourselves." ...
 

Sotomayor targets guns now
Submitted by: Bruce W. Krafft

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"Perhaps the most startling aspect of the Supreme Court opinions in McDonald v. Chicago was the dissenters' assault on District of Columbia v. Heller. Not only did Justice Stephen G. Breyer vote against extending the Second Amendment to state and local governments, he also argued forcefully and at length for overturning Heller and, therefore, for turning the Second Amendment into a practical nullity. Ominously, Justice Sonia Sotomayor joined the Breyer dissent - contradicting what she told the U.S. Senate and the American people last summer." ...
 

Is His Gun-Control Concurrence Justice Thomas’s Finest Hour?
Submitted by: Bruce W. Krafft

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"Down in our nation’s capital, the day belongs to a lot of people: To retiring Supreme Court justice John Paul Stevens, who Monday capped his lengthy career on the court; to Elena Kagan, who survived her first day of Senatorial grilling; to Robert Byrd, an institution within the institution, who died on Monday at age 92."

"But in the mind of some law professors and Supreme Court watchers, the day belonged to Justice Clarence Thomas, for his concurring opinion in McDonald v. Chicago. ..."

"Understanding why requires us to back up just a bit." ...

"But in a separate concurrence, Justice Thomas boldly went where no justice has gone before: to the arms of the Privileges or Immunities Clause. He wrote:" ...
 

Judicial activism is neither conservative nor liberal
Submitted by: Bruce W. Krafft

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"Gun control proponents look at Monday's Supreme Court ruling with horror, but with little surprise. The justices' 5-4 vote is a natural extension of the court's decision two years ago to overturn the District of Columbia's handgun ban."

"Every court displays a certain amount of activism, and this Supreme Court, led by Chief Justice John Roberts, is no different. It's just that these days, the activism is on the conservative side, as conservatism is defined in today's politics. In the case of gun control, the earlier ruling shifted the precedent so that Monday's decision on Chicago's law could be said to break little ground."

"This is a reminder of one reason presidential elections matter so much ..." ...
 

High Court Ruling Stirs Gun Law Debate
Submitted by: Bruce W. Krafft

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"The gun rights debate is heating up after a U.S. Supreme Court ruling this week. ..."

"The ruling is seen as a victory by some, while upsetting others."

"'Every time an elected official, from now on, puts their hand on the Bible and says they will uphold the Constitution ... they are swearing to protect the Second Amendment as an individual right ...' said Wayne LaPierre, the Executive Vice President of the [NRA]."

"'I believe the proliferation of guns have made this nation less safe, not more safe. We now have more guns than people in this country. And the Supreme Court has thrown aside seven decades of precedent to exacerbate this situation,' said U.S. Senator Dianne Feinstein." ...
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Submitter's Note: Well Di you can correct that mistaken 'proliferation belief' by examining some facts, but that's only if you want to correct it.
 

Contempt of court George Wallace style
Submitted by: John Pierce - Minneapolis Gun Rights Examiner
Website: http://www.examiner.com/x-3253-Minneapolis-Gun-Rights-Examiner

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"Hard on the heels of yesterday's Supreme Court ... Chicago Mayor Daley expressed his contempt for both the Court and the citizens whose rights he has trampled."

"In an afternoon press conference, Daley announced that the city would enact new ordinances making it as difficult as possible to purchase and own a gun in Chicago. During his rant, he promised to seek ways to attack the right to bear arms from the supply side, vowing to go after manufacturers and crack down on gun shops and gun shop owners. He also noted that only 'responsible adults' would be allowed to purchase or possess guns and left open the extremely disturbing question of who gets to determine which citizens are responsible and therefore 'worthy' of civil rights." ...
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KABA Note: Perhaps Hizzonner's policy could be described as "No guns for Negroes".
 

Gun Shy: Four Supreme Court Justices Make Case Against Constitutional Rights
Submitted by: Bruce W. Krafft

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"On Monday, the Supreme Court ruled that the Second Amendment applies to states and cities ... Judging from their objections, the four dissenters were still reeling from the court's landmark 2008 decision [in Heller]."

"In their dissenting opinions, Justices John Paul Stevens and Stephen Breyer (joined by Ruth Bader Ginsburg and Sonia Sotomayor) worry that overturning gun control laws undermines democracy. If 'the people' want to ban handguns, they say, 'the people' should be allowed to implement that desire through their elected representatives."

"What if the people want to ban books that offend them, establish an official church or authorize police to conduct warrantless searches at will? ..." ...
 

Overdue respect for gun rights: The Supreme Court finally gives Second Amendment due protection
Submitted by: NYSRPA-PVF
Website: http://www.nysrpa-pvf.org

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"Two years ago, in District of Columbia vs. Heller, the Supreme Court struck down Washington, D.C.'s Draconian handgun ban ... Yet that ruling applied only to laws passed by the federal government ... Does the Second Amendment apply against state and local gun control laws as well?"

"It does now. In yesterday's landmark decision in McDonald vs. City of Chicago, the high court ruled that the Second Amendment trumps the Windy City's handgun ban ..."

"It's about time."

"For more than a century, the Supreme Court has gradually applied most of the provisions in the Bill of Rights to state and local governments ..."

"Yet the Second Amendment has been something of a forgotten stepchild - entirely excluded from this process. ..." ...
 

NY: City’s Tough Handgun Laws Could be Challenged by Supreme Court Ruling on Chicago
Submitted by: NYSRPA-PVF
Website: http://www.nysrpa-pvf.org

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"The Supreme Court has ruled that cities and states cannot violate the Second Amendment when they enact gun control laws."

"Mayor Michael Bloomberg is expressing confidence that New York city's gun regulations will withstand any legal challenge that might emerge from today's Supreme Court ruling."

"'We don't think that it is going to have a detrimental effect,' Bloomberg says. 'I'm sure it will cause some more lawsuits, but the court clearly said that reasonable regulations ... are acceptable under the Second Amendment.'"

"Tom King, of the New York State Rifle and Pistol Association, says his group might use the decision to challenge the city's tough gun control laws. He says the city's storage requirements are cumbersome." ...
 

FL: Gun control law shot down by Supreme Court: Florida Senate candidate Marco Rubio supports ruling
Submitted by: Bruce W. Krafft

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"Republican Florida US Senate candidate Marco Rubio added his voice of support for the gun control Supreme Court ruling handed down on Monday ... [deciding] that the Second Amendment Constitutional right to bear arms should take precedent over local gun control laws."

"Rubio said, 'By striking down these unconstitutional laws, the court has correctly asserted that governments at all levels -- federal, state and local -- should be bound by this cornerstone constitutional right.'"

"However, some believe that the new ruling is asking for trouble." ...
-------

Submitter's Note: And some believe that the Earth is flat and the moon is made of green cheese. A silly idea is still silly no matter how many people believe it.
 

NJ: N.J. may see lawsuits against gun control laws after U.S. Supreme Court ruling
Submitted by: Anonymous

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"New Jersey's gun laws, among the nation's toughest, will most likely face an avalanche of lawsuits in light of Monday's Supreme Court ruling, as activists test the statutes’ constitutional mettle, experts said."

"The Supreme Court case, McDonald v. Chicago, found individuals have a right to possess a handgun in their home for self-defense, but it also dismissed 'doomsday proclamations' that its finding would strike down all local firearms regulations."

"'The devil is in the details,' said Earl Maltz, a professor at Rutgers-Camden. 'You’re going to have a series of cases that talk about what's a reasonable restriction and what's not.'" ...
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KABA Note: Shouldn't that be "cases that talk about what's an important gov't interest and what's not"? Or better still, "cases that talk about what's the least restrictive and most narrowly tailored method of implementing a compelling gov't interest and what's not"?
 

Shot full of danger: Supreme Court on perilous path toward gutting guns laws
Submitted by: NYSRPA-PVF
Website: http://www.nysrpa-pvf.org

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"The U.S. Supreme Court moved yesterday toward weakening gun control in America by ruling that the Constitution bars local authorities from infringing too heavily on the right of every Tom, Dick and Dirty Harry to own a firearm."

"While the majority stopped short of an open-season declaration, gun advocates immediately announced that they would challenge New York City's pistol licensing regulations ... Be afraid. For there would be dire consequences were federal courts to limit the NYPD's power to stringently restrict who can carry concealed weapons." ...

"'If you're a Wall Street buddy of Bloomberg, if you're a political buddy, if you're a celebrity, you can carry a gun. If you're a regular workingperson in the Bronx who has to walk across parking lots late at night, absolutely not.' [hyperventilated NRA chief lobbyist Chris Cox.]" ...
 

Supreme Court ruling a victory for US gun lobby
Submitted by: Bruce W. Krafft

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"THE US Supreme Court yesterday extended gun rights to every state and city in the US in a ruling involving Chicago's 28-year-old ban on handguns."

"By a 5-4 vote and splitting along conservative and liberal lines, the nation’s highest court extended its landmark 2008 ruling — that individual Americans have a constitutional right to own guns — to all the cities and states for the first time. The ruling raises the US constitution’s second amendment right to bear arms to the status of a fundamental right that states can not abridge." ...
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Submitter's Note: So were Brown v. Board of Education and Loving v. Virginia victories for the 'colored lobby'? Was Citizens United v. Federal Election Commission a victory for the 'big money lobby'? Or do you reserve perjorative labels for only certain civil rights activists?
 

The Chicago Gun Case: NRA Fears "Practical Defeat"
Submitted by: Bruce W. Krafft

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... "... How long will the NRA's leadership be able to argue, with anything approaching a straight face, that the Second Amendment precludes gun regulations like background checks, limits on large-volume sales, safe storage requirements, assault weapon bans, owner licensing, and registration of gun sales, when both Heller and McDonald read like legal briefs for the constitutionality of those laws? And, more importantly, how long will the NRA's leadership be successful in using its legendary scare tactics to convince gun owners to oppose every gun regulation as a step down the 'slippery slope' to a gun ban, when Heller and McDonald have taken gun bans 'off the table'?" ...
 

Supreme Court Gun Decision Won't Affect NYC
Submitted by: NYSRPA-PVF
Website: http://www.nysrpa-pvf.org

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"The Supreme Court's decision that states cannot ban citizens from possessing firearms will likely not affect New York City, officials and experts said." ...

"The Courts decision today shows 'we can work to keep guns out of the hands of criminals and terrorists while at the same time respecting the constitutional rights of law-abiding citizens,' said Mayor Michael Bloomberg in a statement. ..."

"Jackie Hilly, Executive Director of New Yorkers Against Gun Violence, told NBCNewYork she's pleased with the decision."

"'I think it affirms New York law,' Hilly said. 'All the other amendments have reasonable restrictions on them. So I actually really like the Heller decision and the McDonald decision ..." ...
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KABA Note: Hmm, let's apply some of you NY style reasonable restrictions to, say, priests and ministers. If you want to lead a congregation you must fill out an application (remember it must be typed). The you submit application, in person at 1 Police Plaza along with a $340 filing fee, birth certificate or other proof of citizenship or alien residence, discharge papers (if you served in the military), list of all arrests, indictments and (non-parking) summonses, any restraining orders that have been filed against you (oh, and remember that you don't have to be notified if someone gets an order of protection against you; witness the woman who thought David Letterman was stalking her, so she got an order of protection), and a 'letter of necessity' stating why you think the noble lords should grant you permission to preach to the peasants. Oh, and you'll also need an affidavit stating your familiarity with all Federal, state and local laws on practicing religion, a statement from your 'co-habitant' (spouse, significant other, what have you) that you have their permission to store your bibles, etc. in your residence. You then need an affidavit from the person (must be a NY state resident) who will take custody of all of your religious paraphenalia in the event of your death or incapacity. Then you'll be fingerprinted (another $94.25 or $105.25 depending on if you use a scan or ink). Then you wait for 4 to 6 to 8 months to find out if you are approved. Oh, and if you get any of the questions wrong (like "Have you ever had or applied for any type of license or permit issued to you by any City, State or Federal agency?" Most people don't think about driver's licenses in this context, but they count as far as the NYPD is concerned) you are denied (return of filing fee? Don't be ridiculous) and any future applications must indicate that you were once denied. And after you go through all this, you get your preaching permit and build up a congregation. Then an incoming Chief of Police decides that there are too many preaching permits in the city and orders the renewal department to deny every third renwal application. You are out of luck, because once you apply for a permit you have 'voluntarily complied' with the permitting proccess so you cannot subsequently challenge it.

I think those "reasonable restrictions" on a preacher's license would pass Constitutional muster, don't you Jackie?
 

NY: Gun Laws - Chicago, Rochester
Submitted by: NYSRPA-PVF
Website: http://www.nysrpa-pvf.org

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"On Monday, the US Supreme Court ruled that the city of Chicago's 28-year-old gun ban was unconstitutional ..."

"City attorney Tom Richards thinks Rochester's law won't be affected, because it's not as restrictive as Chicago's."

"In Rochester, 1993 law bans assault weapons and also makes it a crime to carry handguns in public buildings."

"The Supreme Court's decision did say that reasonable gun control laws are okay, but did not spell out what makes a law reasonable."

"Richards said, 'One of the concerns about this from the beginning, is that now there are going to be literally thousands of challenges to these laws...because the standard is not clear. ...'" ...
 

Chicago gun ban on way out, but mayor vows fight
Submitted by: Tom Price

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"A Supreme Court ruling finding that Americans have the right to bear arms anywhere they live almost certainly means the end of Chicago's decades-old handgun ban but may not make handgun ownership there much easier."

"Mayor Richard M. Daley says city officials have been looking at various measures they could implement to make owning a handgun difficult and that he plans to quickly put the measures before the City Council."

"The high court's Monday ruling didn't explicitly strike down nearly 30-year-old handgun bans in Chicago and its Illinois suburb of Oak Park. ..."

"New York City Mayor Michael Bloomberg says he's not concerned that the ruling will "hurt" his cities efforts to restrict gun ownership."
 

Chicago moves quickly to draft new gun ordinance
Submitted by: Bruce W. Krafft

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"Chicago Mayor Richard Daley will push for a strict handgun ordinance to replace its doomed gun ban that will likely include limiting each resident to a single handgun, requiring gun owners to have insurance and prohibiting gun stores from setting up shop in the city ..."

"A day after the U.S. Supreme Court ruled that Americans have a right to own a gun for self-defense anywhere they live ... Corporation Counsel Mara Georges moved quickly to alert a City Council committee of plans to propose a new gun ordinance."

"Her appearance before the committee was the latest step in an effort that Daley's office has been working on since the court struck down a similar ban in Washington, D.C., two years ago." ...
 

OH: Ohio concealed handgun license-holder defends lives during violent robbery attempt
Submitted by: Bruce W. Krafft

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"WJW FOX 8 Cleveland is reporting that another Ohio concealed handgun license-holder was able to defend herself and others when confronted by a violent attacker, and the events were recorded security cameras."

"From the article:"
"Surveillance cameras were rolling as the owner of a carry-out in Elyria faced a life and death struggle, when a would-be robber tried to force his way into the store Monday morning."

"The man eventually succeeded in getting through the door in the drive-thru, but the owner had a surprise for him, a gun she carries in her hip pocket."

"She tells Fox 8 'I reacted as fast as I could, trying to put a barrier between him and I saw him breaking through that door and I shot him.'" ...
 

TX: Teen shoots would-be burglary suspect
Submitted by: Bruce W. Krafft

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"Two would-be burglars are in police custody thanks to the quick actions of a 15-year-old."

"One suspect is in jail, and the other is at Memorial Hermann Hospital. Investigators say they aren’t sure whether the injured suspect is going to make it. He was shot in both his legs and face by a 15-year-old who detectives say feared for his and his sister's safety." ...

"Deputies say that around 2:30pm, the suspects broke into the home through a back window."

"From upstairs, the 15-year-old — who was home with his 12-year-old sister — heard the breaking glass and grabbed his father's automatic rifle. The burglary was soon over." ...
 

NC: Husband comes to wife's rescue during robbery
Submitted by: Bruce W. Krafft

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"Moore County deputies say a convenience store holdup turned into a shootout between the alleged robbers and a store clerk's husband." ...

"Deputies say clerk Grace Kelly - who is in her 70s - was closing the store for the night when several men walked in and tried to rob it. Kelly's husband - 78-year-old Angus Kelly - was in the parking lot waiting for his wife and came to her aid with a shotgun."

"Moore County Sheriff Lane Carter told ABC11 Angus Kelly fired on the robbers hitting one in the face. In the resulting gunfight, both Kelly and his wife were wounded."

"'Saw 'em go into the store with firearms and attempt to rob the store. That's when he challenged them, and the shootout happened,' said Carter." ...
 

MD: Forestville man fatally shoots home invader
Submitted by: Bruce W. Krafft

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"A maintenance man at a Forestville apartment complex shot and killed a home invader Monday morning after the intruder forced the man into his apartment and fired a gun at him, police and law enforcement sources said."

"The maintenance man was able to retrieve his own gun inside his apartment and return fire, fatally wounding the intruder, law enforcement sources said. Police said that the maintenance man had not been charged criminally and that the shooting in the 4400 block of Rena Road appeared to be self-defense." ...

"Law enforcement sources said the shooting appeared to be justified ... It remains unclear, however, how the maintenance man obtained his gun or whether he possessed it legally. ..." ...
 

Why Chicago Residents Need More Than One Handgun
Submitted by: Bruce W. Krafft

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"Because most gun owners don't want to carry a gun on their person in their house. And if their home is invaded, they will need to get to a gun quickly. And if the gun-owning homeowner has more than one gun in their house—safely stored but easily accessible—they have a better chance of getting to a gun in time to defend themselves. Which is also the case if more than one person has access to a gun, as the registered gun owner may be 'incapacitated' by the home invaders ..." ...
 

Elena Kagan testifies as pro-gun advocates gear up to press for her rejection
Submitted by: Bruce W. Krafft

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"Elena Kagan, President Obama's most recent appointee to the United States Supreme Court, is currently testifying before the Senate Judiciary Committee about her qualifications ... But with Elena Kagan, there is no judicial track record on which an opinion can be based, and that has pro-gun groups concerned about how she will vote as other gun-related cases are brought before the Court."

"Instead, the members of the SJC are left to ask her pointed questions and base their decisions on what she chooses to use as a response. The unfortunate part is like any human being, Ms. Kagan is likely to say whatever she needs to say in order to curry favor and gain the acceptance of the committee ..." ...
 

Kagan should be held to the Palin standard
Submitted by: Bruce W. Krafft

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"As questioning continues today on the nomination of Elena Kagan to replace retired Justice John Paul Stevens on the U.S. Supreme Court, it might be educational to hold Kagan to the Palin standard ..."

"That is the level of experience she has (or lacks) to assume the position for which she is nominated, in Kagan's case the lifetime responsibility of serving on the highest court in the nation. ..."

"Sarah Palin critics said she lacked experience, having 'only' served as a mayor, and then a governor of possibly the richest state in the nation. She operated a small business with husband, Todd. She also served on the Wasilla City Council, and chaired the Alaska Oil and Gas Conservation Commission, resigning in 2004. ..." ...
 

NRA continues to crumble around arrogant First Amendment stance
Submitted by: Jeff Pittman, MSFOA
Website: http://www.msfoa.com

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"On the eve of confirmation hearings for Supreme Court nominee Elena Kagan -- and for the second time in two weeks -- the [NRA] is under fire from conservatives."

"According to RedState's Erick Erickson ... 'internal Senate emails confirmed by NRA Board Members show that the National Rifle Association's management team has explicitly and directly told the NRA's board they are prohibited from testifying about second amendment issues' during the Kagan hearings."

"It turns out that during the confirmation hearings for then-Supreme Court nominee Sonia Sotomayor, the testimony of former NRA President Sandy Froman angered current NRA leadership, because she didn't obtain permission to appear at the hearing – and because she appeared as former President of the NRA ..." ...
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KABA Note: You mean she's not a former President of the NRA?
 

Praxis: Smoke Grenades
Submitted by: Bruce W. Krafft

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"From the Trainer:"

"Mike,

"Something for folks to consider:"

"Using pyrotechnics during training or during an engagement has pros and cons, just like anything else. Smoke grenades are legal, expensive, and have varying quality."

"Each man should consider having at least one, preferably two smoke grenades (one of each color). The colors we find most effective are:"

"White HC - Good for night, inclement weather, urban, and winter environments. Best all-around color to get. Plain old white HC."

"Green - Superb for the woods. Depending on the time of year, rotary/fixed wing aircraft have a very difficult time seeing the green smoke against the canopy of leaves, depending, of course, on the AO in question." ...
 

Nevada's Angle retracts comment to 'take out' Reid
Submitted by: Bruce W. Krafft

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"Nevada Senate candidate Sharron Angle backed away Tuesday from remarks in which she referred to the Second Amendment right to bear arms and the need to 'take ... out' Senate Majority Leader Harry Reid."

"Angle, in her first extended Nevada interview since winning the June 8 primary, said she was speaking broadly about the Constitution and in mentioning the Democratic leader her choice of words was 'a little strong.'"

"The Republican nominee stopped short of an apology but said she no longer uses those words."

"'I meant take him out of office, and taking him out of office is a little different,' Angle said. 'I changed my rhetoric.'" ...
 

AL: Unhinged on the right
Submitted by: Bruce W. Krafft

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"The campaign video is such a transparent ploy, the temptation is to ignore it. After all, Tea Party candidate Rick Barber is a long shot in his July runoff race for the Republican nomination for an Alabama congressional seat." ...

"Another, and the reason it is worth paying attention to Barber, is: emblematic. Emblematic of the dangerous take-back-our-country rhetoric that is spread on the conservative airwaves and fueling the Tea Partyers. Barber may be on the outer edges of this movement, but he is not alone there, and he is a predictable outgrowth of it." ...
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Submitter's Note: Rick Barber's video can be found here.
 

IN: Controversial IN gun law in effect starting July
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A new Indiana law going into effect July 1 is causing a lot of controversy. Starting in July 2010, workers in Indiana will be permitted to keep guns locked in their vehicles while parked on their employer's property.

Supporters of the bill say gun owners have rights under the second amendment and the Indiana constitution to bring their firearms to work.

Opponents contend the law could lead to workplace violence, and believe businesses have a right to ban guns in their parking lots and buildings.
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Submitter's Note: This has been the law in Minnesota since the PPA took effect May 28, 2003. No "workplace violence" yet . . .
 

NH: Town Lets Employees Bring Guns To Work
Submitted by: Bruce W. Krafft

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"If you're a town employee in Nottingham, you can now bring your gun to work." ...

"'You don't want the employees to feel like second-class citizens,' said Town Manager Charles Brown. ..."

"The old policy prohibited town employees, except police officers, from bringing firearms into town buildings or properties during working hours. The new policy ... will allow employees to carry weapons in places where other residents could."

"Some residents said they're concerned about liability issues."

"'Now, I'm not against the Second Amendment for people to carry them,' said resident Gail Mills. 'I just think that there's some places where this isn't appropriate.'" ...
 

PA: Concealed carry permits in Pa. lawmakers' crosshairs
Submitted by: Bruce W. Krafft

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"State Rep. Bryan Lentz (D-161) and Allegheny County Executive Dan Onorato (D) attacked a legal loophole Friday that allows Pennsylvanians barred from carrying a concealed weapon to obtain a permit from Florida."

"Dubbed the 'Florida Loophole' by the two Democrats, has been backed by police chiefs from throughout Pennsylvania, including Philadelphia's Police Commissioner Charles Ramsey and Upper Darby Police Superintendent Michael Chitwood."

"Lentz recently introduced legislation in the Pennsylvania House to ... prohibit any Pennsylvania resident who is barred from obtaining a concealed carry permit in this state from getting a permit from another state. Florida alone has issued 3,100 permits to Pennsylvania residents." ...
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Submitter's Note: And just how many of those 3,100 are prohibited persons in PA, as opposed to people who want to go to OH, AL or MS (which all honor FL non-resident permits, but not PA resident permits)?
 

IN: New Laws To Go Into Effect Tomorrow
Submitted by: Bruce W. Krafft

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"New laws passed earlier this year by the Indiana General Assembly take effect tomorrow." ...

"Hoosiers who own guns will see their Second Amendment rights strengthened through two new laws. PL 90 will allow gun owners to leave legally-permitted firearms in a locked vehicle while parked at their workplace. PL 47 will restrict public access to information about Hoosiers who hold licenses to carry concealed weapons." ...
 

NY: Microstamping Remains A Threat In New York
Submitted by: Bruce W. Krafft

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"Without the support of the Republican Conference in Albany two weeks ago, microstamping would have already passed into law."

"Still, this fight continues and the legislation could be brought back for a vote at any time. In response to the collective efforts by NSSF and its allies in the Second Amendment community to defeat firearms microstamping, New York City politicians are trying to bully state senators into changing their votes and supporting this gun ban – and make no mistake, microstamping is a gun ban."

"NSSF is asking New Yorkers to please take a few minutes and thank your Republican state senators for staying strong and continuing to oppose this dangerous legislation." ...
 

CA: L.A. sheriff's sergeant arrested in court on burglary charge
Submitted by: Bruce W. Krafft

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"After a brief hearing in court Monday, a Los Angeles County sheriff's sergeant accused of grand theft and two misdemeanor counts of child endangerment was arrested again as he was leaving the courtroom."

"Two Ventura County sheriff's deputies ... stopped Sgt. Steven Mark Flamm ... as he walked out of the courtroom and led him to a small room ... Less than 10 minutes later, a handcuffed Flamm was put inside a detention cell in the courtroom to be booked into county jail."

"Flamm, 44, who was free on $10,000 bail, was arrested Monday on felony burglary charges stemming from an incident separate from the theft-endangerment case, according to sheriff’s spokesman Capt. Ross Bonfiglio. Flamm’s bail is now set at $50,000." ...
 

NC: Retired law officer faces sex charges involving boy
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A retired sheriff's deputy was charged yesterday with first-degree sex offense with a child and felony indecent liberties with a child, court records show.

James M. Manuel, 71, of 2415 Sedalia Drive in Clemmons was accused of having sex with a boy and taking indecent liberties with him from June 12, 2009, to March 12, 2010, an arrest warrant says. A court record indicated that Manuel is a retired sheriff's deputy, but it didn't say what county Manuel worked in.

Manuel was being held in the Forsyth County Jail with bond set at $86,000. He is scheduled to appear in court on July 23.
 

TN: Chattanooga Officer Suspended Over Arrest of Husband Rushing Wife To Emergency Room
Submitted by: Bruce W. Krafft

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"Chattanooga police officer Jim Daves has been suspended in the controversy over his arrest of Eric Wright, the husband who ran red lights to get his critically ill wife to the emergency room. ... Daves allegedly blocked Wright from carrying in his wife to the ER and later charged him with a variety of criminal acts, including evading arrest for staying by his wife's side."

"Aline Wright is a cancer survivor and amputee who suffered a stroke days after the couple was married."

"Daves charged the husband with traffic violations, disorderly conduct, reckless endangerment, evading arrest and assault on an officer. The assault charge was based on the fact that Daves said Wright scraped his arm with a fingernail. ..." ...
 

WV: Officer facing assault charge
Submitted by: Bruce W. Krafft

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"A Bluefield police officer was charged with unlawful assault Monday after a weekend incident in Princeton in which he allegedly punched and struck an individual with a beer bottle." ...

"After pulling his car over, the victim exited his car and asked the occupants of the vehicle behind him if they were police officers ... After the occupants stated 'no,' the victim asked: 'Why are you impersonating a police officer?'"

"At that time, the victim states in the warrant, a passenger in the front of the vehicle used pepper spray on him. The victim said at that point he could not see; 'however he felt being hit by what felt like a baseball bat and heard beer bottles breaking all around him,' ..." ...
 

IL: Burge Guilty Of Lying About Torture Of Suspects
Submitted by: Bruce W. Krafft

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"Jon Burge, a decorated former Chicago police commander accused of suffocating, shocking and beating confessions out of scores of suspects, was convicted Monday of federal perjury and obstruction of justice charges for lying about the torture of detainees."

"Burge ... now faces up to 45 years in prison. ..."

"Jurors ... heard nearly five weeks of testimony from felons who described beatings, suffocations and games of Russian roulette at the hands of Burge and his men. They also heard from Burge, a decorated former officer ... who repeatedly denied ever participating in physical abuse or witnessing any during his 28 years with the Chicago Police Department."

"The trial has hinged not on the alleged abuse, but whether Burge lied about it in court proceedings. ..." ...
 

NY: Albany gun buy back program celebrates 2-year anniversary
Submitted by: NYSRPA-PVF
Website: http://www.nysrpa-pvf.org

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"It's been two years since the Albany Gun Buy Back Program began, which exchanges a $150 gift certificate to Crossgates for a gun."

"400 guns have been taken off the streets so far through the program, started by Pastor Charlie Muller of the Victory Christian Church."

"Muller says that number speaks volumes about the success of the program, which he says is not even fully operational because of lack of funding."

"'If we're only being effective 10 percent, just imagine if we really got behind this program,' says Muller." ...
 

FL: Florida’s First Open Carry Event
Submitted by: Bruce W. Krafft

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"Florida Open Carry is planning their first 'Open Carry Fishing Event' in the Dayton area at Port Orange Dunlawton Causeway Park on Saturday, July 3rd from 9am to 2pm." ...

"'We invite all law abiding citizens,' adds [Florida Open Carry founder] Mr. Caranna, 'regardless if you open carry or not, to join us for a day of fishing on the pier. We hope to show that we are responsible members of our community who want our open carry rights restored in Florida.'"

"Most states require no license to open carry, but Florida is one of only seven states with wide ranging prohibitions on carrying unconcealed handguns ... This presents a huge problem in the summer heat or while engaged in many outdoor Florida activities." ...
 

NY: Open contract competition could boost Remington
Submitted by: NYSRPA-PVF
Website: http://www.nysrpa-pvf.org

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"Remington Arms and other manufacturing companies are now eligible to compete for the U.S. Army’s contracts for M4 rifles – a change that could lead to a boost in business at the Ilion plant, officials said Monday."

"Jim Rabbia, the Ilion plant manager, said Remington Arms is interested in applying for the work. Such contracts could require the production of thousands of units per month and result in the company hiring new workers in Ilion to meet the demand, he said."

"Remington Arms has a legitimate chance of landing the contracts because its facilities are as good – or better – than those of other manufacturers, Rabbia said." ...
 

 QUOTES TO REMEMBER
The more corrupt the state, the more numerous the laws. — Tacitus (A.D. 55?-130?)

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