Keyword: heller

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  • Ninth Circuit Rules 2nd Amendment Incorporated to States

    04/20/2009 3:47:32 PM PDT · by neverdem · 75 replies · 3,406+ views
    Second Amendment Foundation ^ | April 20, 2009 | NA
    BELLEVUE, Wash.--(BUSINESS WIRE)--The Second Amendment Foundation today applauded the U.S. Ninth Circuit Court of Appeals in San Francisco for ruling that the Second Amendment is incorporated against the states and local governments. The majority opinion was written by Judge Diarmuid F. O'Scannlain, with a concurring opinion from Judge Ronald M. Gould, who wrote, “The right to bear arms is a bulwark against external invasion…That we have a lawfully armed populace adds a measure of security for all of us and makes it less likely that a band of terrorists could make headway in an attack on any community before more...
  • Heller Case on Radio Show Today

    04/04/2009 9:25:00 AM PDT · by gieriscm · 7 replies · 479+ views
    self ^ | 04/04/2009 | self
    Dane von Breichenruchardt and Dick Heller are going to be on The Micro Effect radio show today at 3 pm EST to discuss the next Heller case. You can listen live at the site.
  • Dick Heller: A Funny Thing Happened on the Way to the Supreme Court

    04/03/2009 5:58:52 AM PDT · by marktwain · 16 replies · 1,132+ views
    homelandstupidity.com ^ | 2 April, 2009 | Michael Hampton
    For Dick Heller, the battle to reclaim Second Amendment rights from the District of Columbia was over 30 years in the making, and it isn’t over yet. “They wouldn’t let me have my gun,” he said, speaking at the 2009 New Hampshire Liberty Forum. “I paid for it. It was mine. I live in America!” Heller had just moved to D.C. and purchased his first gun in 1976 when the city passed its infamous gun ban, overturned in 2008 by the U.S. Supreme Court in the landmark case in which Heller was the plaintiff. Referring to his gun, a “.22...
  • Mendelson's Idiocy

    04/02/2009 5:56:14 PM PDT · by xmission · 6 replies · 333+ views
    NRA.ORG ^ | Wayne LaPierre
    3/31/2009 With brains like Phil Mendelson on the city council, it's no wonder D.C. acts like a third-world country. His March 22 Washington Post column slams congressmen who want to make D.C. a voting member if it will honor the Second Amendment. Mendelson thinks D.C. residents deserve a vote in Congress, but not a firearm in their homes. Why? You're not going to believe this: because giving citizens the right to protect themselves would "disadvantage the right of individuals to be protected by the police ..." I'll repeat that, so you can fully appreciate the lunacy that passes for policy...
  • Massachusetts Trial Court Holds Gun Storage Law Unconstitutional:

    03/30/2009 4:43:20 AM PDT · by marktwain · 75 replies · 2,702+ views
    volockh conspiracy ^ | 26 March, 2009 | Eugene Volokh
    After a police officer's 12-year-old son got access to the officer's handgun, the officer was prosecuted for violating Mass. Gen. Laws. ch. 140, § 131L: It shall be unlawful to store or keep any firearm, rifle or shotgun ... in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by...
  • Gun Rights and the Constitution: Was Heller Insignificant?

    03/27/2009 5:59:02 AM PDT · by marktwain · 31 replies · 1,103+ views
    New Ledger.com ^ | 26 March, 2009 | David Kopel
    Has the Supreme Court decision in District of Columbia v. Heller–which affirmed the Second Amendment and declared the D.C. handgun ban unconstitutional–been of almost no significance? So claimed the New York Times in a recent article by Supreme Court reporter Adam Liptak. Unfortunately, Liptak’s article followed in a long New York Times tradition of credulously reporting the claims of one anti-gun professor, without conducting sufficient research to see if the claims hold up. Let’s start with the most obvious facts which the Times overlooked. On the day that Heller was decided, the citizens of five Chicago suburbs, and of Chicago...
  • D.C. v Heller a Supreme Court victory? Liberal courts/cities laughing and ignoring it

    03/24/2009 6:11:24 AM PDT · by jmaroneps37 · 35 replies · 1,600+ views
    The Collins Report ^ | March 24, 2009 | Kevin “Coach” Collins
    Last June the Supreme Court handed down a ruling in the District of Columbia v. Heller case which was supposed to be a victory for the preservation of our rights under the Second Amendment, but was it? Nine months later the value of Heller as a benchmark gun rights case is seriously in doubt. Although it unequivocally reaffirmed the rights of honest citizens to keep and bare arms, liberal courts and cities across the country have generally ignored or attacked the decision. Adam Winkler, law professor at UCLA has commented, “To date, the federal courts have not invalidated a single...
  • DC Councilman Mendelson tells tall tales in defending DC's onerous and odious gun control scheme

    03/22/2009 8:35:51 PM PDT · by majstoll · 1 replies · 511+ views
    The Examiner.com ^ | March 22, 2009 | Mike Stollenwerk
    http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m3d22-DC-Councilmember-Mendelsons-defense-of-DC-gun-registration-stretches-truth-beyond-breaking-point SNIP But today Councilmember Phil Mendelson insists in a Washington Post commentary that Congress must allow DC gun registration scheme to continue. Let's consider Mendelson's arguments in detail. First, Mendelson said that the Supreme Court "upheld the constitutionality of gun registration." Um, wrong. In DC v. Heller the Supreme Court said that "Respondent conceded at oral argument that he does not 'have a problem with ... licensing' and that the District's law is permissible so long as it is 'not enforced in an arbitrary and capricious manner.' Tr. of Oral Arg. 74-75. We therefore assume that petitioners' issuance of...
  • Visiting law professor speaks about second amendment

    03/17/2009 7:16:26 AM PDT · by marktwain · 7 replies · 694+ views
    Daily Illini.com ^ | 16 March, 2009 | Rosemary Powers
    Today, the University's College of Law hosted Professor Nelson Lund to give a presentation on the second amendment and interpreting the constitution. The event was sponsored by the University's chapter of the Federalist Society. "We are trying to get a dialogue going on second amendment rights," said Billy Joe Mills, co-president of the Federalist Society. "It's a topic that is overlooked a lot, and it's a relevant issue because people aren't sure where it's going to go." Professor Lund, a graduate of the University of Chicago's Law School, is a professor at George Mason University, and specializes in Constitutional Law,...
  • Rethinking Original Intent

    03/17/2009 7:04:46 AM PDT · by marktwain · 8 replies · 606+ views
    Wall St. Journal ^ | Jess Bravin
    After the Supreme Court struck down the District of Columbia's handgun ban last June, gun-rights advocates trained their sights on similar restrictions in Chicago and Oak Park, Ill. Last month, the National Rifle Association received ammunition from an unlikely source: the Constitutional Accountability Center, a liberal litigation shop. In a brief filed with the federal appeals court in Chicago, the center not only argued that gun ownership is a constitutional right, it also employed the legal method popularized by such conservative icons as Supreme Court Justice Antonin Scalia. That method is originalism, which seeks to apply the law today according...
  • Handgun's Color Leads to Lawsuit

    03/11/2009 7:29:52 AM PDT · by AmericanHunter · 15 replies · 996+ views
    Washington Post ^ | 3-10-09 | Martin Weil
    A D.C. woman filed suit in U.S. District Court yesterday, claiming that the city would not let her register a pistol because of its color. Tracey A. Hanson argued that her application to register a .45-caliber semiautomatic was denied because the gun is not on the California Safe Handgun Roster, which is the standard in the city. Hanson tried to register a two-tone, stainless steel/black pistol, according to the suit. But the list has that model in olive drab green, dark earth or black, not in two-tone, stainless/black, the suit asserts. Hanson said rejection for that reason "seemed so arbitrary."...
  • Handgun's Color Leads to Lawsuit (Alan Gura from D.C. v. Heller strikes again!)

    03/10/2009 8:06:23 PM PDT · by neverdem · 43 replies · 2,165+ views
    Washington Post ^ | March 10, 2009 | Martin Weil
    A D.C. woman filed suit in U.S. District Court yesterday, claiming that the city would not let her register a pistol because of its color. Tracey A. Hanson argued that her application to register a .45-caliber semiautomatic was denied because the gun is not on the California Safe Handgun Roster, which is the standard in the city. Hanson tried to register a two-tone, stainless steel/black pistol, according to the suit. But the list has that model in olive drab green, dark earth or black, not in two-tone, stainless/black, the suit asserts...
  • SAF Challenges D.C. Handgun Ban Scheme

    03/10/2009 4:40:45 AM PDT · by marktwain · 7 replies · 634+ views
    BELLEVUE, Wash., March 9 /PRNewswire-USNewswire/ -- The Second Amendment Foundation and three Washington, D.C. residents today filed a lawsuit challenging a regulation by District of Columbia city government that arbitrarily bans handguns based on a roster of "acceptable" handguns approved by the State of California. The District is using this list despite a ruling by the U.S. Supreme Court last summer that protects handguns that ordinary people traditionally use for self-defense. This scheme could eventually bar the ownership of any new handguns. Attorney Alan Gura, representing the plaintiffs in this case, noted that District bureaucrats "told Tracy Ambeau Hanson her...
  • D.C. Rights, With a Bullet [Editors whine that D.C. rights includes 2nd Amendment]

    02/27/2009 3:26:30 AM PST · by JohnHuang2 · 13 replies · 616+ views
    Washington Post ^ | 2/27/09 | House editorial
    THE SENATE voted yesterday to give the people of Washington, D.C., a voting representative in Congress. It was a historic moment and should have been a moment for pure celebration. But both moment and measure were tarnished by a dangerous amendment that would strip D.C. officials of their rightful authority to regulate guns. Senators, perversely, offered the District a taste of democracy while at the same time not trusting it to run its own affairs.
  • U.S. Senate Votes to Uphold Second Amendment in Washington, D.C.

    02/26/2009 6:03:55 PM PST · by neverdem · 7 replies · 793+ views
    NRA - ILA ^ | February 26, 2009 | NA
    Fairfax, Va. – The United States Senate has voted, with overwhelming bipartisan support, to adopt an amendment offered by Senator John Ensign (R-NV) that seeks to protect the Second Amendment rights of law-abiding citizens in the District of Columbia. The amendment, attached to S.160, the D.C. Voting Rights Act, will repeal restrictive gun control laws passed by the District of Columbia’s (D.C.) city council after the landmark D.C. v. Heller Supreme Court decision. The vote margin was 62-36. “Today’s vote brings us one step closer to restoring the Second Amendment freedom of law-abiding D.C. residents,” said NRA-ILA Executive Director Chris...
  • U.S. Senate Votes to Uphold Second Amendment in Washington, D.C

    02/26/2009 5:43:58 PM PST · by wheelgun · 69 replies · 5,681+ views
    NRA-ILA ^ | 2-26-09
    U.S. Senate Votes to Uphold Second Amendment in Washington, D.C. Thursday, February 26, 2009 Fairfax, Va. - The United States Senate has voted, with overwhelming bipartisan support, to adopt an amendment offered by Senator John Ensign (R-NV) that seeks to protect the Second Amendment rights of law-abiding citizens in the District of Columbia. The amendment, attached to S.160, the D.C. Voting Rights Act, will repeal restrictive gun control laws passed by the District of Columbia's (D.C.) city council after the landmark D.C. v. Heller Supreme Court decision. The vote margin was 62-36. "Today's vote brings us one step closer to...
  • Heller team needs our help!!!

    02/26/2009 6:31:48 AM PST · by BCR #226 · 10 replies · 778+ views
    myself ^ | 02/26/09 | Myself
    Dick Heller and team will be filing against DC within the next week or so. This case will have direct implications for any ban on guns at all. As some of you may know, I've been helping the Heller Team however I can. But we can only do so much. Dick Heller and Dane VonBreichenruchardt are leading this fight but they can't do it alone. Fact of the matter is that they intend on running this case all the way to SCOTUS again and if successful, there will never be another ban on guns and there is a chance that...
  • Liberals Use Supreme Court Gun Case to Bolster Other Rights

    02/24/2009 8:00:09 AM PST · by gieriscm · 29 replies · 1,346+ views
    Legal Times ^ | 02/24/2009 | Tony Mauro
    The Supreme Court's 2008 ruling in D.C. v. Heller was a constitutional earthquake, breathing life into the Second Amendment as a guarantee of an individual right to bear arms. But the aftershock of that decision is beginning to transform the constitutional landscape well beyond gun rights, in ways that have liberals cheering and even joining hands with one-time adversaries like the National Rifle Association. In a follow-on case pending before the 7th U.S. Circuit Court of Appeals, a progressive legal group and liberal law professors including Yale Law School's Jack Balkin earlier this month joined gun-rights advocates in urging that...
  • No right to arms, no vote in Congress!

    02/24/2009 7:59:08 AM PST · by atomic_dog · 8 replies · 591+ views
    Examiner.com ^ | February 23, 2009 | Mike Stollenwerk
    According to the Washington Post, Congress is poised this week to pass legislation giving the District of Columbia a voting Representative in Congress. Kinda' funny that the DC Council urges Congress create a Constitutional right to Congressional representation out of thin air while thumbing its nose at the Supreme Court's Heller decision (regarding the enumerated Constitutional right to bear arms) by enacting onerous registration requirements and new bans on scary looking rifles and pistols not approved for sale in California. It's time Congress put its foot down and preempt the DC City Council on gun control. In almost every state,...
  • The Post-Heller Fight for Second Amendment Rights in Illinois Proceeds

    02/20/2009 8:42:55 PM PST · by neverdem · 19 replies · 1,001+ views
    Reason ^ | February 20, 2009 | Brian Doherty
    The always amazing Scotus blog earlier this week supplied a nifty update on post-Heller moves to expand Americans' Second Amendment rights in Illinois. Highlights on the story so far, and where it might be going: three significant test cases on the scope of the Second Amendment — the “gun rights” Amendment — are moving along in the lower courts..... The three cases were filed swiftly after the Supreme Court, late last June, declared for the first time that the “right to keep and bear arms” is a personal, individual right.....The Justices, however, did not then settle whether the Amendment applies...
  • Liberals, Guns, and the Constitution

    02/11/2009 4:04:00 AM PST · by marktwain · 29 replies · 950+ views
    Reason.com ^ | 10 February, 2009 | Damon W. Root |
    As Brian Doherty noted earlier, the Second Circuit Court of Appeals has held that the 2nd Amendment does not apply against state and local governments. In more positive gun rights news, the Constitutional Accountability Center, a liberal law firm and think tank "dedicated to fulfilling the progressive promise of our Constitution's text and history," filed a friend of the court brief last week on behalf of the plaintiffs in McDonald v. City of Chicago, arguing that the 14th Amendment's Privileges or Immunities Clause does make the 2nd Amendment applicable against the states (Alan Gura, the lawyer who argued D.C. v....
  • Opening Appellate Brief Filed

    01/30/2009 9:53:18 AM PST · by marktwain · 4 replies · 392+ views
    Chicago Gun Case.com ^ | 29 January, 2009 | Alan Gura
    Today we filed our opening brief in the Court of Appeals. The basic arguments may be familiar to those who have followed the proceedings below, but we had somewhat more room to work with at this stage, not to mention the decision below required a response. All three remaining Chicago-area cases, ours and the two brought by the NRA against Chicago and Oak Park, have been consolidated on appeal. That means that they will be heard and decided together by the same panel, and the parties on both sides are to minimize the degree of overlapping arguments among them. We’ll...
  • Don't confirm Holder

    01/28/2009 4:18:21 PM PST · by daylilly · 19 replies · 543+ views
    HumanEvents.com ^ | 1/28/2009 | Stephen P. Halbrook
    If the issue weren’t so serious for our nation, the irony would be delicious. Eric Holder, President Obama’s choice for Attorney General is justly criticized for many things. But the fact that he recommended that President Clinton pardon and release from prison unrepentant FALN terrorists while at nearly the same time advocating that law-abiding gun owners be imprisoned if their registration papers are not in order reveals a hard core left wing agenda. Eric Holder’s agenda is to make exercise of Second Amendment rights a minefield where an innocent misstep will land you in the penitentiary. When I testified against...
  • Holder Clutches At Gun Rights

    01/25/2009 5:38:40 PM PST · by Copernicus · 53 replies · 3,222+ views
    Examiner.com ^ | 01/25/09 | David Codrea
    HOLDER:...I think you had asked me earlier about the regulations that I thought might still exist, post-Heller. And I had mentioned, I think, closing the gun show loophole, the banning of cop-killer bullets and I also think that making the assault weapons ban permanent would be something that would be permitted under Heller, and I also think would be good for my law enforcement perspective.
  • Well Respected Law Professor Predicts that the Heller Decision will be Overturned

    01/21/2009 11:51:53 AM PST · by freedomwarrior998 · 82 replies · 5,338+ views
    John Lott's Website ^ | 1-20-2009 | John Lott
    The Law Review article can be found here. I guess that I felt that this was also likely simply because Obama won the election.
  • IMAGINING GUN CONTROL IN AMERICA: UNDERSTANDING THE REMAINDER PROBLEM

    01/21/2009 9:10:47 AM PST · by School of Rational Thought · 65 replies · 3,768+ views
    Wake Forest Law Review ^ | 01/13/2009 | Nicholas J. Johnson
    Gun control in the United States generally has meant some type of supply regulation. Some rules are uncontroversial like usertargeted restrictions that define the untrustworthy and prohibit them from accessing the legitimate supply.
  • Parks, D.C. Dragging Their Feet

    01/10/2009 6:12:23 AM PST · by marktwain · 19 replies · 1,052+ views
    Shotgun News ^ | 10 January, 2009 | Clayton Cramer
    Parks, D.C. Dragging Their Feet The Heller case struck down D.C.'s ban on handguns, and its ban on having a loaded firearm in your home. The D.C. government is still trying hard to discourage gun use without directly violating the Heller decision. For example, their latest gun control law would require gun owners to re-register their guns every three years, continues their longstanding ban on "assault weapons," require completion of a gun safety course, and have a background check done every six years.1 While gun registration is clearly constitutional, some of these provisions, simply because they impose a repeated cost...
  • Heller, HLR, And Holistic Legal Reasoning (.pdf file)

    01/09/2009 6:44:35 AM PST · by marktwain · 8 replies · 912+ views
    Harvard Law Review ^ | November, 2008 | Akhil Reed Amar
    "Well, the show sure ended with a bang. On the last day of the Term, the Court — for the first time ever, by a single vote, over vigorous dissents, and against the weight of circuit precedent — wielded the Second Amendment to strike down a federal gun control measure and to declare a robust individual right to use firearms for self-defense." "Experts began parsing District of Columbia v. Heller within hours of the Court’s pronouncement. Over the ensuing weeks, sophisticated commentary blossomed in a rich profusion of blogs, wikis, posts, threads, and chats. Now, nearly five months after the...
  • Get in On The Ground Floor of the Next D.C. Gun Lawsuit

    12/18/2008 4:35:51 PM PST · by neverdem · 5 replies · 416+ views
    Reason Hit & Run ^ | December 17, 2008 | Brian Doherty
    D.C.'s City Council continues its constantly shifting reaction to the Supreme Court's Heller decision that overturned its gun ban. (See here and here for some of their post-Heller scramblings.) This week, they vote to enforce "safety training" before a gun can be legally registered in D.C. D.C.'s City Paper with the details. The key part for the future: At the last council meeting, Councilmember Mary M. Cheh had proposed the measure as an amendment to the bill governing the regulation of handguns. Since then, the mayor’s office raised concerns about the possibility that such a requirement, shared with very few...
  • Washington Council Enacts Tough Gun-Control Measure

    12/17/2008 2:33:45 PM PST · by neverdem · 40 replies · 1,423+ views
    NY Times ^ | December 16, 2008 | MICHAEL FALCONE
    WASHINGTON — Nearly six months after the Supreme Court put an end to the District of Columbia’s decades-old ban on handgun possession, the City Council here passed a sweeping new ordinance on Tuesday to regulate gun ownership. The legislation would require all gun owners to receive five hours of safety training and to register their firearms every three years. In addition, they would have to undergo a criminal background check every six years. Councilman Phil Mendelson, who helped draft the bill and shepherd it through the Council, called it a “very significant piece of legislation that borrows best practices from...
  • D.C. Gun Regulations Finalized

    12/17/2008 9:17:57 AM PST · by gieriscm · 19 replies · 1,235+ views
    The Washington Times ^ | 12/17/2008 | Gary Emerling
    The D.C. Council on Tuesday gave final approval to regulations governing guns in the District, six months after the Supreme Court struck down the city's decades-old ban on handguns. "It's been a pretty comprehensive effort, and I think we've got a good, balanced program that balances safety with the Second Amendment right to have a handgun for self-defense in the home," D.C. Attorney General Peter Nickles said. The council unanimously passed legislation requiring D.C. gun owners to register their weapons every three years and go through a background check every six years.
  • Stephen P. Halbrook: On Bill of Rights Day, Imagine the D.C. Gun Law in 1775

    12/16/2008 12:05:17 PM PST · by neverdem · 18 replies · 749+ views
    americanchronicle.com ^ | December 15, 2008 | Stephen P. Halbrook
    Today is the United States´ Bill of Rights Day, but District of Columbia residents are second-class citizens when it comes to the Second Amendment. President-elect Barack Obama certainly does not support it. When I filed an amicus brief with the Supreme Court this June supporting the respondent in District of Columbia v. Heller on behalf of 55 senators, the senate president, and 250 representatives, Obama declined. And his voting record in the Illinois legislature and the U.S. Congress has been as hostile to American gun owners as King George III was in 1775. What´s in store for Second Amendment rights...
  • Defending Heller from "Faux Conservatism"

    12/11/2008 5:30:12 PM PST · by neverdem · 4 replies · 514+ views
    Reason ^ | December 10, 2008 | Damon W. Root
    Of the many critiques that followed the Supreme Court's landmark gun rights decision in District of Columbia v. Heller, perhaps the most interesting came from conservative federal Judge J. Harvey Wilkinson III. In a Virginia Law Review article entitled "Of Guns, Abortions, and the Unraveling Rule of Law," Wilkinson denounced Justice Antonin Scalia's majority opinion for engaging in judicial activism and compared the reasoning in Heller to that in the abortion rights case Roe v. Wade (not exactly a compliment from one conservative judge to another). Now George Mason Univesity's Nelson Lund and the Independence Institute's David Kopel have written...
  • A Right To Carry Guns in Public?

    12/10/2008 8:33:35 PM PST · by neverdem · 33 replies · 1,782+ views
    Reason ^ | December 10, 2008 | Brian Doherty
    In keeping one's eye on the ferment in lower courts on gun issues post-Heller, Eugene Volokh at the Volokh Conspiracy finds an interesting footnote in a U.S District Court for Utah memorandum opinion and order.(pdf) The order allows the (partial) moving forward of a lawsuit charging some police officers of 4th Amendment excessive force violations due to their ruffian behavior against a man in Salt Lake City who didn't, because he was physically unable to, raise both hands above his head when ordered to by the cops. The details of the story in Volokh's post make for aggravating reading, to...
  • HELLER, HLR, AND HOLISTIC LEGAL REASONING

    11/25/2008 11:33:34 AM PST · by RKV · 16 replies · 1,680+ views
    Harvard Law Review ^ | November 2008 | Akhil Amar
    Well, the show sure ended with a bang. On the last day of the Term, the Court — for the first time ever, by a single vote, over vigorous dissents, and against the weight of circuit precedent — wielded the Second Amendment to strike down a federal gun control measure and to declare a robust individual right to use firearms for self-defense. Experts began parsing District of Columbia v. Heller1 within hours of the Court’s pronouncement. Over the ensuing weeks, sophisticated commentary blossomed in a rich profusion of blogs, wikis, posts, threads, and chats. Now, nearly five months after the...
  • Conservatives Beware: D.C. Gun Ruling A Lot Like Roe (George Will)

    11/22/2008 9:11:13 PM PST · by nickcarraway · 93 replies · 2,878+ views
    Hartford Courant ^ | November 23, 2008 | George F. Will
    <p>Of conservatives' few victories this year, the most cherished came when the Supreme Court, in District of Columbia v. Heller, held for the first time that the Second Amendment protects an individual right to bear arms. Now, however, a distinguished conservative jurist argues that the court's ruling was mistaken and had the principal flaws of Roe v. Wade, the 1973 abortion ruling that conservatives execrate as judicial overreaching. Both rulings, says J. Harvie Wilkinson, suddenly recognized a judicially enforceable right grounded in "an ambiguous constitutional text."</p>
  • On a Rare '08 Conservative Victory

    11/23/2008 4:23:02 AM PST · by Kaslin · 12 replies · 519+ views
    Townhall.com ^ | November 23, 2008 | George Will
    <p>WASHINGTON -- Of conservatives' few victories this year, the most cherished came when the Supreme Court, in District of Columbia v. Heller, held for the first time that the Second Amendment protects an individual right to bear arms. Now, however, a distinguished conservative jurist argues that the court's ruling was mistaken and had the principal flaws of Roe v. Wade, the 1973 abortion ruling that conservatives execrate as judicial overreaching. Both rulings, says J. Harvie Wilkinson, suddenly recognized a judicially enforceable right grounded in "an ambiguous constitutional text."</p>
  • How the Second Amendment was Restored

    11/18/2008 12:42:28 PM PST · by re_tail20 · 17 replies · 977+ views
    Reasononline ^ | December 2008 | Brian Doherty
    On the last date of the U.S. Supreme Court’s 2008 spring session, justices declared by a 5-4 decision in D.C. v. Heller that, yes, the Second Amendment does secure an individual right to keep and bear arms. With that, the high court voided the District of Columbia’s extreme regulations on gun ownership, which had amounted in practice to a complete ban on any usable weapon for self-protection, even in the home. In retrospect, D.C. v. Heller seems almost inevitable, because of shifting public and academic attitudes toward gun rights. But victory came only after a protracted struggle, with many pitfalls...
  • Guns, abortion and the Supreme Court

    10/22/2008 9:49:19 AM PDT · by RKV · 8 replies · 1,250+ views
    LA Dog Trainer ^ | 22 Oct. 2008 | Editors
    In the 1960s, when conservative legal scholars railed about an overreaching, activist Supreme Court, it was the Miranda ruling they denounced, along with its author, Republican Chief Justice Earl Warren. In the 1970s -- and '80s and '90s -- those critics directed their firepower at Roe vs. Wade and its author, Republican Justice Harry Blackmun. Now the complaint arises again. The target this time is none other than the current court's preeminent originalist, Republican Justice Antonin Scalia, and his opinion sanctioning individual gun ownership rights in District of Columbia vs. Heller. As noted by the New York Times, two eminent...
  • Justices’ Ruling on Guns Faces Attacks, From the Right

    10/20/2008 8:05:17 PM PDT · by RKV · 5 replies · 1,032+ views
    New York Slimes ^ | 21 Oct. 2008 | ADAM LIPTAK
    ... Not all conservatives agree with the critics, of course. Robert A. Levy, a libertarian lawyer who was a principal architect of the victorious strategy in the Heller case, rejected the comparison to Roe. ... In an interview, Professor Levinson said, “The result in Heller is eminently respectable.” But he added that he understood why some conservatives were upset. “People say the Roe court was too interventionist,” he said. “So is the Heller court from that perspective.” “In both Roe and Heller,” Judge Wilkinson wrote, “the court claimed to find in the Constitution the authority to overrule the wishes of...
  • Vanity, but if I do say so myself one very much worth reading...

    10/14/2008 10:17:21 AM PDT · by republicanbred · 9 replies · 699+ views
    This is an email I just sent out to about 50 people. Hello All, I have been thinking about the dangers of the upcoming election, and wanted to share an experience I had over the summer that I guarantee few Americans shared. This summer we went to Europe to tour many of the WWII historical sites, and happen to be at the American Cemetery overlooking Omaha Beach (Bloody Omaha), on June 26, 2008. For those who do not realize the significance of that date, it is the date on which the Supreme Court decided the Heller Case. Not familiar with...
  • Restoring the Second Amendment

    10/08/2008 4:25:02 AM PDT · by marktwain · 26 replies · 1,020+ views
    Reason on line ^ | 7 October, 2008 | Damon W. Root
    Restoring the Second Amendment Why state and local governments should respect the right to bear arms Damon W. Root | October 7, 2008 For nearly 10 years, the case of Nordyke v. King has been winding its way through the California courts. At issue is a 1999 Alameda County ordinance banning the possession of firearms on county-owned property, a law enacted primarily to keep gun shows out of the county fairground. To date, the case has been heard by the district court, the California Supreme Court, and the U.S. Court of Appeals for the Ninth Circuit, where gun show promoters...
  • Letter from Dean Heller (R-NV) in response to bailout

    10/05/2008 8:08:38 AM PDT · by sf4dubya · 8 replies · 492+ views
    Text of the letter I rec'd from Rep. Dean Heller: September 30, 2008 Thank you for contacting me in opposition to the proposed federal financial bailout included in H.R. 3997, the Emergency Economic Stabilization Act of 2008. I appreciate your thoughts on this important issue, and want you to now that I agree with you. I voted against the bailout bill for a number of reasons, but most importantly I opposed this bill in defense of taxpayers and Nevada families. I could not in good conscience put Nevada's taxpayers on the hook for the foolish excesses of Wall Street. This...
  • SAF FILES AMICUS BRIEF IN NORDYKE CASE SEEKING 2ND AMENDMENT INCORPORATION

    10/04/2008 4:59:40 AM PDT · by marktwain · 5 replies · 525+ views
    Second Amendment Foundation ^ | 3 October, 2008 | Second Amendment Foundation
    BELLEVUE, WA – Arguing that the Supreme Court opened the door toward incorporation of the Second Amendment in its landmark ruling in the Heller case, the Second Amendment Foundation (SAF) has filed an amicus brief in the long-running case of Nordyke v. King, a challenge to the gun show ban in California’s Alameda County. Russell Allen Nordyke had been fighting the Alameda County gun show ban on First Amendment grounds, but a ruling in the case by a district court judge opened up a Second Amendment issue. This is a critical issue for all Americans in the wake of the...
  • Ballistics tracking urged to ID guns (D.C.)

    10/02/2008 11:59:38 AM PDT · by JZelle · 42 replies · 779+ views
    Washington Times ^ | 10-2-08 | Christopher Shaver
    A gun-control advocate told the D.C. Council's public safety committee Wednesday that officials should consider adopting a complex method of ballistics tracking to help identify guns used in the city. "In crime scenes, what we find are cartridges and no guns," said Joshua Horwitz, executive director of the Educational Fund to Stop Gun Violence. "Microstamping can provide the link between the gun and cartridge." Mr. Horwitz's comments came during a hearing before the council's Committee on Public Safety and the Judiciary regarding gun laws in the District. Temporary legislation passed by the council last month aims to comply with a...
  • *** CALL REP. DEAN HELLER'S OFFICE - 202-225-6155 - House Financial Services Committee ***

    09/27/2008 4:02:32 PM PDT · by sf4dubya · 7 replies · 445+ views
    self ^ | 9/27/2008 | self
    Northern Nevada Freepers, please call Rep. Dean Heller’s office regarding the bailout: 202-225-6155 He shouldn’t sign the bailout bill unless all the following criteria are met: 1. NO PORK / EARMARKS 2. CUT OR ELIMINATE CAPITAL GAINS TAXES 3. NO NEW TAXES OR INCREASED TAXES 4. CREDIT DERIVATIVES MARKET REFORMS
  • CCRKBA Urges Sen. Reid To Allow Senate Vote On District Gun Law

    09/27/2008 1:18:33 PM PDT · by EdReform · 1 replies · 420+ views
    NEWS RELEASE Citizens Committee for the Right to Keep and Bear Arms 12500 N.E. Tenth Place Bellevue, WA  98005 CCRKBA URGES SEN. REID TO ALLOW SENATE VOTE ON DISTRICT GUN LAW For Immediate Release: September 24, 2008 BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms is today calling on Senate Majority Leader Harry Reid (D-NV) to allow a House-approved bill on the District of Columbia’s gun law to face an immediate Senate vote. “Texas Sen. Kay Bailey Hutchison and 46 of her colleagues have asked Sen. Reid to do this before the end...
  • Conservative judges fault Scalia opinion on guns

    09/27/2008 9:49:41 AM PDT · by SmithL · 40 replies · 1,657+ views
    AP via SFGate ^ | 9/27/8 | MARK SHERMAN, Associated Press Writer
    WASHINGTON (AP) -- Supreme Court Justice Antonin Scalia is no stranger to criticism. He gives as good as he gets. But two recent critiques of his opinion in the landmark decision guaranteeing people the right keep guns at home for self-defense are notable because they come from respected fellow conservative federal judges. The judges, J. Harvie Wilkinson of the 4th U.S. Circuit Court of Appeals in Richmond, Va., and Richard Posner of the 7th U.S. Circuit Court of Appeals in Chicago, take Scalia to task for engaging in the same sort of judicial activism he regularly disdains. Wilkinson was interviewed...
  • We Earned the Fees in the Gun Case

    09/19/2008 6:44:06 AM PDT · by marktwain · 16 replies · 138+ views
    Washingtonpost.com ^ | 18 Sept, 2008 | ALAN GURA
    Vindication of fundamental civil rights is not an "injury," and asking that the government be held liable for the cost of enforcing our civil rights laws is no "insult" ["Holding Up Taxpayers," editorial, Sept. 6]. --------cut-------------- Awarding successful civil rights lawyers below-market rates for taking such enormous risks would send the bar a terrible message: Ignore injustice, unless you can afford to fight it. Our requested rates are based on documented market realities, not on the government's wishes about what it would like to pay. I was shocked at The Post's suggestion that civil rights lawyers are somehow the lesser...
  • D.C. passes gun law, but House looms

    09/17/2008 11:02:50 AM PDT · by JZelle · 5 replies · 154+ views
    The Washington Times ^ | 9-17-08 | David C. Lipscomb
    The D.C. Council approved emergency legislation Tuesday that would legalize semi-automatic handguns in the District and ease storage requirements for gun owners, while the Democrat-led Congress took steps to trump the city's home-rule authority and set its own terms for relaxed gun ownership in the nation's capital. Rep. Travis Childers sponsored the bill that would supersede the District's gun-control law. The race to comply with the landmark U.S. Supreme Court ruling earlier this year that struck down the District's handgun ban proceeded on parallel tracks, driven in part by election-year desires by congressional lawmakers from both parties to show they...