Free Republic

I rarely make posts here, so I hope I'm doing this right. This article is about a friend of mine. The article is from the AP, so i'm not posting it for that reason.

Gun sales are going boom around the country as gun owners and gun advocates brace for a potential Democrat in the White House for the first time in almost 10 years. Democrats, meanwhile, say there's no reason to worry that presidential hopeful Barack Obama would attempt to curtail access to most guns, though that hasn't stopped the buying spree. "You'd be surprised," said Jeff Mercer, manager of George's Pawn and Gun Shop on High Street. "It's people of all races, too. People are scared." Across town at The Gun Doctor and More on Glencrest Lane, owner Bob Godell said he...

"Is gun regulation a public health issue?" http://broadcaster.medpagetoday.com/t?r=2&c=1898&l=15&ctl=CA06:5D21AFF7DD791D1C59086A13CA638538

ANOTHER GROSS FACTUAL ERROR AT THE SUPREME COURT. Following up on similar huge errors from Justice Stevens in Heller. Plus, another Stevens Heller error here. What gives?

On June 26, the U.S. Supreme Court held what is plainly obvious to any grade school student who can read and understand English: that when the Constitution says a "right of the people," it really means a "right of the people," even when the Constitution is talking about firearms. That such a question was even the subject of controversy, or that there were dissenting Justices, is a sad testimony to the state of our nation. It is also a testimony to one of the worst hoaxes and frauds ever perpetrated by gun ban extremists: the phony claim that the phrase...

The U.S. Supreme Court ruling recognizing an individual right to bear arms set off an immediate debate on how it will affect New Jersey's gun laws, which are among the toughest in the nation. State Attorney General Anne Milgram saw minimal if any impact, noting the District of Columbia handgun ban that was invalidated by the high court is unlike anything in the Garden State. "We regulate the possession of handguns; we don't ban handguns," Milgram said. "We believe the court affirmed the right of states to regulate gun ownership to protect public safety and endorsed common-sense licensing of firearms...

New Jersey is prepared to "vigorously enforce" its tough firearms laws following a landmark U.S. Supreme Court ruling that struck down a handgun ban in the nation's capital, state officials said Thursday. Attorney General Anne Milgram said the decision affirmed New Jersey's right to regulate firearms ownership, while gun rights proponents took a different tack, calling the ruling an "opening salvo" to a nationwide overhaul. "We regulate the possession of handguns — we don't ban handguns," Milgram said. "But we have strict licensing requirements and we are prepared to maintain those requirements and vigorously enforce our laws." Wayne LaPierre, executive...

Comment on to previous post points out at p.2 of the Stevens dissent he refers to NFA and US v. Miller: "Upholding a conviction under that Act, this Court held that..." Same mistake the 9th Circus made years ago and had to issue a new opinion, since Miller was never convicted -- commentators noted this was pretty suggestive the court hadn't bothered to read Miller before citing it. First thing you look for in reading a case is what happened below, and what the Court do to that. Very first thing. I'd add that at 41 he refers to: "In...

The Court did not much address the issue of machine guns, but the “common use” test that it prescribes will be problematic. However, I think The Court has set itself up for an intellectual bind. Machine guns are not in common use, but that’s entirely because of the 1986 prohibition on new registrations preceded by 18 years of heavy regulations inder GCA 68, and decades of regulation prior to that under the National Firearms Act. In short, machine guns fail the common use test because government regulations and prohibitions make them uncommon. I think this is an argument that could...

The brief further says that the ban of a whole class of firearms is unconstitutional. Then it goes on to say that MODERN WEAPONS are protected by the 2A just like modern media devices. In further reading, the decision is somewhat bipolar. On one hand it says that an entire class of weapons cannot be banned and then it says that modern weapons are protected by the 2A and then it goes on to say that since machine guns are not “typically possessed by law-abiding citizens for lawful purposes” or “in common use” they CAN be banned. They have tried...

Statement Of Brady President Paul Helmke On Supreme Court Second Amendment Ruling Washington, D.C. - Paul Helmke, President of the Brady Center and Brady Campaign to Prevent Gun Violence, issued the following statement: “Our fight to enact sensible gun laws will be undiminished by the Supreme Court’s decision in the Heller case. While we disagree with the Supreme Court’s ruling, which strips the citizens of the District of Columbia of a law they strongly support, the decision clearly suggests that other gun laws are entirely consistent with the Constitution. “For years, the gun lobby has used fear of government gun...

ZEBULON - For Robert Lumley, the decision to bar his East Wake High School club marksmanship team from a statewide shooting tournament was as arresting as a shotgun blast. Less than a day before the March 15 district round of the decades-old N.C. Wildlife Resources Commission competition, one of East Wake's principals, with the support of the area superintendent who oversees that school, stopped the team from participating. The reason: Ammo and students don't mix, the school officials said.

Barack Obama is embracing anti-gun policies in the run-up to a Democratic presidential debate scheduled on the one-year anniversary of the Virginia Tech shootings. “I am not in favor of concealed weapons,” Obama told the Pittsburgh Tribune. “I think that creates a potential atmosphere where more innocent people could (get shot during) altercations.” These remarks break from Obama’s previous moderate rhetoric on gun control. While campaigning in Idaho in February, Obama promised, “I have no intention of taking away folks’ guns.” Obama elaborated later that month in a political forum sponsored by ABC News and the Politico. He said: “I...

http://www.cspan.org/watch/cs_cspan_wm.asp?Cat=TV&Code=CS

The Brady Campaign to Prevent Gun Violence ranks Connecticut in third place among states with the toughest gun laws in the nation. And while the Constitution State achieved 54 points out of a possible 100, a statewide organization says the Brady scorecard fails to give Connecticut credit for having a law no other state has to confiscate guns. "Connecticut has a unique law on its books, a law that several other states are now considering," said Lisa Labella, co-executive director of Connecticut Against Gun Violence in Trumbull. "The law allows police to apply for warrants to seize guns from the...

Last Updated: Friday, 18 January 2008, 13:10 GMT Pantomime gun must be registered A Cornish village drama group has had to register a toy gun with the police to comply with health and safety rules. Carnon Downs drama group in Cornwall have also had to keep their plastic cutlasses and wooden swords locked up for the pantomime, Robinson Crusoe. Producers of the show called the Health and Safety Executive (HSE) rules "farcical". A spokesman for the HSE said the rules were designed to make risks "sensibly managed". "It gets a bit farcical when you are dealing with plastic swords,"Linda Barker...

Link to podcast of an interview with John Lott conducted by Michael Bane for the Fred Thompson Campaign. http://www.downrange.tv/radio/42.htm

Hearst Newspapers Seattle, Milwaukee and other large U.S. cities are warning the Supreme Court that gun-control laws around the nation would be jeopardized if the justices decide to eliminate the local District of Columbia ban on handguns. In a legal brief filed with the high court, the cities, joined by the nonpartisan U.S. Conference of Mayors, argue that they suffer "disproportionately" from firearm violence and should be able to enact reasonable restrictions on the weapons."Major American cities ... bear the brunt of the problem," said the legal brief, signed by Seattle City Attorney Thomas Carr and lawyers for the...

The best way to make sense of the Second Amendment is to take away all the commas (which, I know, means that only outlaws will have commas). Without the distracting commas, one can focus on the grammar of the sentence. Professor Lund is correct that the clause about a well-regulated militia is “absolute,” but only in the sense that it is grammatically independent of the main clause, not that it is logically unrelated. To the contrary, absolute clauses typically provide a causal or temporal context for the main clause. The founders — most of whom were classically educated — would...

The Second Amendment to the United States Constitution reads: "A well-regulated Militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." www.Dictionary.com informs us that "infringe" means "to commit a breach or infraction of; violate or transgress ... " and further refers us to _Merriam-Webster's Dictionary of Law_: "to encroach upon in a way that violates law or the rights of another." The latter specifically cites the Second Amendment as an example of the word's usage. The word "infringe" also carries a connotation of sneaking up,...

http://www.supremecourtus.gov/docket/07-290.htm Heller is going to conference 11-09 earliest possible reporting on results would be 11-12 fingers crossed. even denial of cert would be "win" I'd prefer an affirmed, with dicta to effect of 2A is individual right requiring strict scruinty. but after KELO there's no telling.

MEDFORD, Ore -- English teacher Shirley Katz insists she needs to take her pistol with her to school because she fears her ex-husband could show up and try to harm her. She's also worried about a Columbine-style attack. Teacher Sues To Carry Weapon But Katz's district has barred teachers from bringing guns to school, so she is challenging the ban as unlawful, since Oregon is among states that allow people with a permit to carry concealed weapons into public buildings. sponsor "This is primarily about my Second Amendment right and Oregon law and the simple fact that I know it...

JR interviews Duncan Hunter on the Second Amendment Representative Duncan Hunter sparked my interest when he announced that he was throwing his hat into the ring and run for president on the GOP ticket. The Duncan Hunter '08 website did an excellent job of defining his core values and beliefs in the areas of the war in Iraq, terrorism, taxes, abortion and the like, but had scant information on his views of gun rights and the Second Amendment. So what's a blogger to do other than get in contact with his campaign staff and request an interview? After correspondence back...

Heller responded w/ a broadside worthy of Old Ironsides, in a word the DC brief was OWNED first called them on the they can have shotguns/rifles bs then He really gives them their own bs back in spades Quote: V. Citizens Under Criminal Attack Are NotRequired to Stand By and Die Awaiting Police Protection. Petitioners correctly note that the Second Amendment “does not require the District to stand by while its citizens die.” Pet. at 30 (emphasis added). Yet the city consistently fights to secure its right to stand by while its citizens are victimized by crime. For example, the...

More Guns, Less Crime by Mark Yannone It's a fact. But don't bother the phoney "tough-on-crime" Mayor Gordon with facts like that. He'll do his thinking from the seat of his pants and do whatever he thinks will get him more votes, like melting down guns. That was enough to gain the endorsement of the National Rifle Association's Political Victory Fund. NRA now stands for "no recycled arms." [From their Web site] "Envision a sculpture in the middle of Central Avenue, more than twenty-four feet tall, made from four tons of melted down weapons: hand guns, shotguns, Saturday night specials,...

  The Second Amendment as a Window on the Framers' Worldview (Glenn Harlan Reynolds)               I won't waste readers' time by revisiting the points offered by my coauthors here:  I too find it beneficial to teach the Second Amendment as a way of focusing on the Constitution without dwelling on what the Court said about it last week or last year, and of addressing a subject that is of considerable popular interest.  Instead, I'd like to talk about some things I do that are different.               I teach the Second Amendment as part of a fairly typical "Bill...

Governor Jim Doyle today announced new efforts to keep Milwaukee safe. The Milwaukee anti-crime legislative package will fight crime and get illegal guns off the street by closing loopholes, improving information sharing with law enforcement, and using advanced technology to improve crime tracking. ”There is nothing more important to the future of Milwaukee and the future of this state than ensuring the safety of our kids and families,” Governor Doyle said. All of us must work together to get illegal guns off our street and put a stop to senseless acts of violence in our neighborhoods.” To ensure the safety...

The men who founded our nation understood that government was necessary to preserve the people's freedoms. But they also knew that government agents could not always be trusted to use their authority justly, and that government remains the single greatest threat to the rights and liberties of the people. America's Founding Fathers knew that freedom required that the people always retain the ability to take government out of the hands of abusive officials, "to throw off such Government, and to provide new Guards for their future Security." This was far from just some lofty theory to the Founders. They had...

For the past 31 years, criminals and thugs in Washington, D.C., seem to have had little problem acquiring inexpensive firearms -- the city has one of the worst records in the nation for violent crime. But for law-abiding citizens, the situation has been very different. The District's 31-year-old handgun law bars most residents from owning handguns and requires all legally owned firearms to be kept unloaded and either disassembled or under trigger lock, rendering them ineffective if a bad guy broke in. Six district residents recently challenged the law in court, some saying they want to keep handguns in their...

Constitutional Topic: The Second Amendment - The U.S. Constitution Online - The 2nd Amendment, starting in the latter half of the 20th century, became an object of much debate. Concerned with rising violence in society, and the role firearms play in that violence, gun control advocates began to read the 2nd Amendment one way. On the other side, firearm enthusiasts saw the attacks on gun ownership as attacks on freedom, and defended their interpretation of the 2nd Amendment just as fiercely. If the authors of the 2nd Amendment could have foreseen the debate, they might have phrased the amendment differently,...

My father, who was an educated man, used to often tell me that "you can't argue with ignorance." As I grow older these words seem to ring loud and clear at an alarming frequency. The commentary by Larry Gaber and Polly Archer ("Shooting holes in gun proponents' arguments," June 1) is but another common example of this adage. I have also noticed several letters to the editor that reflect the same. Gaber and Archer must think themselves wise on the topic of firearms and our culture. Their lack of logic is astounding. They probably buy every false statistic and lie...

The Reason for the Second Amendment  by Alan Keyes (http://www.AlanKeyes.com)              Sen. Bob Smith has succeeded in amending an upcoming appropriations bill to beat back the latest wave of Clinton administration disrespect for two key elements of a free citizenry -- privacy and the right to keep and bear arms. Smith's amendment to the Justice-State-Commerce appropriations bill would foil FBI plans to keep records of private identifying information on law-abiding citizens who buy guns. The amendment also forbids a proposed tax on gun purchases, and authorizes citizens to sue if the FBI doesn't observe these restrictions.              Senator Smith is...

Senator Ted Kennedy and the anti-gun zealots who wrote the bill just couldn't resist the temptation to get their hands on our guns. They have included language that GOA has been able to defeat in the past. When Senator Orrin Hatch (R-UT) introduced these anti-gun provisions in 1998, the GOA grassroots were able to convince seven senator cosponsors to pull their names from Hatch's bill. The current language in the amnesty bill is only slightly different from Hatch's original language almost 10 years ago, but it would essentially do the same thing -- threaten every gun store in America. In...

I've personally known Duncan Hunter for over thirty years, both as a fellow conservative legislator and a big game hunting companion. We have bow hunted mule deer in the high desolate mountains of Nevada and stalked elk in deep snows of Montana. Hunting is a passion to him as it is for me. You get to know a man very well around a campfire in the wild. Duncan has a deep appreciation and hands on love of America's great out doors. He is deeply committed to preserving our American heritage and our Constitutional rights. Duncan has no trouble understanding and...

We plead self-defense for second amendment rights By Bill Walsh Guest columnist Wednesday, May 09, 2007 Moses killed an Egyptian, to save a relative from being beaten to death. About one million times a year, citizens of the United States exercise their Second Amendment recognized right to defend their lives and property with firearms. In 98 percent of these incidents, the mere brandishing of a firearm suffices to deter the crime. In states where the right to concealed carry is not unduly restricted, violent crime is dramatically lower than in places where the right is restricted or prohibited. Conversely, crime...

NEWS RELEASE SAF SAYS D.C. CIRCUIT DENIAL ON RE-HEARING OF PARKER CASE WAS RIGHT BELLEVUE, WA – This morning’s decision by the U.S. Court of Appeals for the District of Columbia to deny a petition from the District of Columbia for a hearing of Parker v. District of Columbia before the full court was “right and proper,” said Alan M. Gottlieb, founder of the Second Amendment Foundation. “This is a strong signal that the D.C. Court of Appeals, which is the second most powerful court in the country, feels the original ruling by Senior Judge Laurence H. Silberman is...

There is a case working its way to the Supreme Court that might settle one of the biggest unanswered questions in constitutional law: Does the Second Amendment guarantee an individual right to own a gun? Whether or not you own a gun, this is a case you should care about. I’m not just saying that because I’m the immediate past president of the National Rifle Association. (Last month I completed my two-year term as president and nine years as an officer of the NRA.) I’m also saying it as an attorney who’s been arguing cases in federal court for more...

NASHVILLE - In a surprise move, a House panel voted Wednesday to repeal a state law that forbids the carrying of handguns on property and buildings owned by state, county and city governments - including parks and playgrounds. "I think the recent Virginia disaster - or catastrophe or nightmare or whatever you want to call it - has woken up a lot of people to the need for having guns available to law-abiding citizens," said Rep. Frank Niceley, R-Strawberry Plains. "I hope that is what this vote reflects." As amended, the legislation still wouldn't allow guns on school property, however....

The power to regulate does not generally include the power to prohibit.   Samuel Johnson defines "to regulate" as "To adjust by rule or method. . . . To direct." In other words, the term "to regulate" means "to make regular." The power to regulate is, in essence, the power to say, "if you want to do something, here is how you must do it." For example, the making of contracts and wills are "regulated" by the law of contracts and estates. To make an enforceable agreement for a sale of goods over five hundred dollars requires that the agreement be...

A 10-minute "debate" between Hunter and Tancredo (unofficial, of course). Nice use of cut-and-paste, and some humor inserted. There is some actual political meat, but it's sandwiched between some juvenile interludes and some swearing at the end. Nevertheless, I think it's worth a watch.

A video of then-Mayor Rudy Giuliani has been posted at YouTube with the following caption: On June 23, 2000 [New York City Mayor] Rudy Giuliani tried to justifiy the gun industry lawsuit to a concerned citizen. Giuliani claims that gun manufacturers overproduce firearms. Giuliani claims that most police officers are in favor of gun control. Giuliani claims that gun control reduced New York City crime. Giuliani blames the rest of the country for having lax gun laws which let people buy guns elsewhere and bring them into the city. Compare this to the claims currently being made on Giuliani's Presidential...

Red's Trading Post in Twin Falls, Idaho, is the state's oldest gun shop, opened since 1936. In 2004, a routine BATFE audit revealed minor clerical errors. According to Red's, out of nearly ten THOUSAND firearms transferred between 1996 and 2004, the alleged error rate did not even reach 1%. Even the BATFE acknowledges these are minor paperwork errors -- there are no missing firearms and no willful illegal acts.And yet the BATFE has revoked the ability of Red's Trading Post to acquire firearms for resale, although they're still permitted to sell the firearms in stock ... for now. But that's...

On March 9, the Circuit Court of Appeals for the District of Columbia issued a groundbreaking ruling. It declared in a 2-1 decision that the Washington, D.C. ban on handgun possession in private homes, in effect since 1976, is unconstitutional. The court reached this conclusion after stating unequivocally that the Second Amendment's right to keep and bear arms applies to individuals and not just "the militia." It is quite likely that this ruling will be appealed to Supreme Court, which hasn't offered an interpretation of the Second Amendment since 1939. Appalled by the District Court ruling, the Washington Post editorialized...

For Immediate Release: February 15, 2007 BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today called on New York Mayor Michael Bloomberg and his colleagues in the “Mayors Against Illegal Guns” coalition to devote all their resources to closing the government gun loophole. The Washington Post this week revealed that between February 2002 and September 2005, the Federal Bureau of Investigation reported 160 missing firearms. That is in addition to the 352 missing guns the FBI reported lost or stolen in a similar audit in 2002. The newspaper reported that at least 18 of...

As counsel for the Akins Group Inc., I wish to confirm that it is official Company policy that persons who purchased or possess an Akins Accelerator Device comply with ATF's request immediately to remove the spring and mail it to the address specified on the ATF's website.

JACKSONVILLE, Fla. -- A gun buyback scheduled for this weekend to honor a slain Jacksonville woman has been canceled because there's not enough money to give out, the African Methodist Episcopal Ministerial Alliance said. Violent crimes are the reason the group of local ministers started the gun buyback program, which has gotten hundreds of guns off the streets. This weekend's buyback was supposed to be in honor of a mother who was shot and killed while doing her job. Shannon McCants was shot by a gun that should have never entered Shands-Jacksonville Medical Center's pharmacy where she was working. McCants'...

The National Rifle Association is launching a preemptive attack on anticipated Democratic attempts to tighten gun control. The weapon: an illustrated pamphlet titled "Freedom in Peril.” A draft of the document, which was recently leaked to the Internet, begins: "Second Amendment freedom stands naked in the path of a marching axis of adversaries far darker and more dangerous than gun owners have ever known. Acting alone and in shadowy coalitions, these enemies of freedom are preparing for a profound and foreboding confrontation in which they will not make the mistakes of their predecessors. We’d better be ready.” The opening essay,...

Jodi Qasem remained shaken Sunday afternoon after an early morning ordeal that ended in her shooting an intruder. The last time Qasem, of 1819 Beth Drive in Rogers, remembers looking at the clock Sunday morning, it was 5: 15 a. m. She soon heard a door open somewhere in the home and thought it odd. She was expecting her husband to come home from work sometime in the near future, but not that early. “ The next thing I knew, (a man ) was in my bedroom, ” she said with a slight tremor in her voice. She chased the...

Lang's proposal followed strip club attack BOSTON — State legislators had a cautious reaction to New Bedford Mayor Scott W. Lang's call this week for a statewide ban on the sale of military-style weapons like the AR-15 used in last week's fatal shootings of two employees at the Foxy Lady in New Bedford. Earlier this week, Lang called it a "killing tool. ... It's a weapon that's used to destroy an opposition army. We don't need a battlefield in the middle of our city." Rep. John F. Quinn, a Dartmouth Democrat whose district includes part of the city, said he...

BATFE DECIDES THE AKINS ACCELERATOR™ TO BE A MACHINEGUN Akins Group Inc. regrets to announce that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reversed its position and has decided the Akins Accelerator™ to be a machinegun conversion kit, thereby subjecting it to strict regulation under the Gun Control Act (GCA) and National Firearms Act (NFA). ATF rescinded its previous determination that the Akins Accelerator™ was not a machinegun subject to the GCA or NFA (see http://www.firefaster.com/documentation.html for original documentation). Attorneys for the Akins Group Inc. are seeking reconsideration by ATF of its new position. In the interim,...