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  • 'Right To Bear Arms' Means Just That

    03/03/2010 4:48:00 PM PST · by Kaslin · 52 replies · 1,891+ views ^ | March 3, 2010 | INVESTORS BUSINESS DAILY Staff
    Otis McDonald, 76, stands before the Supreme Court, which Tuesday heard arguments in his suit to overturn Chicago's handgun ban Gun Rights: Otis McDonald, 76, an Army vet who lives in a high-crime area of Chicago, thinks the Constitution gives him the right to bear arms to protect himself and his wife as he protected his country. We think so too. On Tuesday, the Supreme Court heard arguments on behalf of four Chicago residents led by homeowner McDonald, the Second Amendment Foundation and the Illinois State Rifle Association to overturn Chicago's three-decade-old ban on owning handguns. In a 5-4...
  • EDITORIAL: Learning from the D.C. handgun ban--Getting rid of gun bans leads to less crime

    03/02/2010 11:48:55 AM PST · by jazusamo · 19 replies · 992+ views
    The Washington Times ^ | March 2, 2010 | Editorial
    The year after the Supreme Court struck down the District of Columbia's handgun ban and gun-lock requirements, the capital city's murder rate plummeted 25 percent. The high court should keep that in mind today as it hears oral arguments about a Chicago handgun ban. Gun controllers screamed to high heaven that impending disaster would follow the court's decision to junk some of the district's gun controls. One of those screaming the loudest was Chicago Mayor Richard M. Daley, who incorrectly predicted more gun freedom would lead to more death and Wild West shootouts. Instead, in Washington, murder rates rose when...
  • Safer Streets 2010: The L.A. Times gets an 'A'.

    03/02/2010 4:07:24 AM PST · by marktwain · 434+ views
    LA Gun Rights Examiner ^ | 1 March, 2010 | John Longenecker
    Go to the head of the class. Wow, what a piece this time. This week's gun ban case McDonald v. Chicago will be, as I pointed out last week, a case where self-rule itself is on trial. Last week, I said, at its heart, McDonald is about self-rule v. city rule. Today's Los Angeles Times has an Op-Ed piece A Bill of rights battle. It's a headline aptly named. The editorial board writes, "For us the choice is clear: The Bill of Rights should apply to the whole country." Agreed. But it is the last line that says it all...
  • Justice Ginsburg: "Future Wiser" Court may eventually overrule Heller.

    12/20/2009 4:03:09 PM PST · by freedomwarrior998 · 103 replies · 4,214+ views
    Volokh Conspiracy ^ | 12-20-2009 | David Kopel
    On Thursday, Dec. 17, Justice Ginsburg spoke at a luncheon of the Harvard Club of Washington, D.C. I was not present at the luncheon, but I have heard, third-hand, that she spoke on the value of dissenting opinions. She said that sometimes a dissent can become the majority of a “future, wiser court.” As an example, she pointed to the dissent in District of Columbia v. Heller.
  • Court: Criminal Record May Not Prevent Gun Ownership (Lautenberg Amendment)

    11/22/2009 10:06:10 PM PST · by The Magical Mischief Tour · 54 replies · 1,947+ views
    CBS ^ | 11/19/2009 | CBS
    A federal appeals court has overturned the conviction of a Wisconsin man barred from owning firearms because of his criminal record, ruling the lifetime prohibition may violate Americans' Second Amendment rights and calling into question the future of a 13-year old gun control law. In a 3-0 decision on Wednesday, the Seventh Circuit Court of Appeals ordered a trial judge to take a second look at the evidence that a 1996 federal law prohibiting anyone convicted of a "misdemeanor crime of domestic violence" is constitutional in light of a U.S. Supreme Court ruling last year that emphasized "the individual right...
  • Heller Counsel Argues for an Originalist Revolution

    11/18/2009 3:59:14 AM PST · by marktwain · 2 replies · 452+ views ^ | 17 November 2009 | Ilya Shapiro
    Alan Gura, who successfully defended the individual right to keep and bear arms under Second Amendment in District of Columbia v. Heller has now filed his brief in the case that seeks to apply that right to the states, McDonald v. City of Chicago. (Cato earlier filed a brief supporting Alan’s cert petition, the background to which you can read about here.) The question presented in this case is: Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses. Remarkably, only 7 of...
  • Experts square off on 'right to bear arms' (including Alan Gura from D.C. v. Heller)

    11/17/2009 10:38:27 AM PST · by neverdem · 33 replies · 2,315+ views
    Winston-Salem Journal ^ | November 17, 2009 | Michael Hewlett
    Application of Second Amendment to be decided by Supreme Court Journal Photo by Lauren Carroll Lawyer Alan Gura says that owning semi-automatic guns is constitutional. The man who successfully challenged a prohibition against handguns in the District of Columbia before the Supreme Court said last night during a local debate about the Second Amendment that some states have gone too far. That's what happened in the District of Columbia, which required that firearms either be equipped with trigger locks or kept disassembled, said Alan Gura, a lawyer from Alexandria, Va., who argued the Supreme Court case. "If you have a...
  • Violence Policy Center worries that Supreme Court will heed the Constitution

    11/12/2009 4:35:26 AM PST · by marktwain · 3 replies · 523+ views
    St Louis Gun Rights Examiner ^ | 11 November, 2009 | Kurt Hoffman
    Much has been written (including some by myself and other Gun Rights Examiners--see links beneath the photo) about the impending McDonald v. City of Chicago case to be heard by the Supreme Court early next year. In this case, the Second Amendment Foundation and the Illinois State Rifle Association are challenging Chicago's handgun ban (the NRA also eventually became involved). Probably the biggest issue that will be decided here is whether or not the Second Amendment is to be incorporated by the Fourteenth Amendment, and thus apply to state and local governments, as well as to the feds. If SCOTUS...
  • Gun case heading to Mass. Supreme Court

    11/04/2009 1:15:54 PM PST · by neverdem · 20 replies · 1,334+ views
    The Lowell Sun ^ | 11/03/2009 | Lisa Redmond BOSTON -- As a Billerica gun case heads to the state's highest court next week, the Brady Center to Prevent Gun Violence, the International Brotherhood of Police Officers, Police Chiefs and other high-profile groups are urging the Supreme Judicial Court to reject the constitutional challenge to the state's safe firearm-storage law. The groups are joining with Middlesex District Attorney Gerard Leone, who is challenging a Lowell District Court judge's ruling that dismissed a gun-storage case against Richard Runyan, a Billerica man who kept an unlocked semiautomatic hunting rifle under his bed where it could be accessed by his teenage...
  • Maryland Judges Uphold State Anti-Handgun Law

    11/04/2009 11:53:26 AM PST · by neverdem · 36 replies · 1,639+ views ^ | November 3, 2009 | Declan McCullagh
    I've written recently about how courts in New Jersey and Illinois have concluded that the Second Amendment poses no obstacle to local governments enacting stringent anti-gun laws. Now a Maryland appeals court has followed suit. A three-judge panel ruled last Thursday that the Second Amendment does not interfere with a Maryland law that generally restricts state residents from carrying handguns. That's not much of a surprise. What is remarkable is that Judge Albert Matricciani went out of his way to write that even if the Second Amendment applied to state laws, Maryland's statute would be perfectly constitutional in the wake...
  • “Guns as Smut: Defending the Home-Bound Second Amendment”

    10/29/2009 4:49:23 AM PDT · by marktwain · 9 replies · 720+ views
    The Volokh Conspiracy ^ | 28 October, 2009 | Eugene Volokh
    That’s the title of a new article in the Columbia Law Review (the link is just to an abstract, since no PDF is available). The law review asked me whether I could write a commentary for its online supplement (the Sidebar), and I did, here, under the title The First and Second Amendments; the author’s response to my response is here. Here’s the text of my article (for the footnotes, see the version I link to above): I. The Supposed Analogy to Obscenity Analogies between the First Amendment and the Second (and comparable state constitutional protections) are over 200 years...
  • SJC to hear challenges to state gun laws brought by local defense attorney (MA)

    10/05/2009 7:17:06 PM PDT · by neverdem · 5 replies · 768+ views
    The Standard Times (New Bedford, MA) ^ | October 04, 2009 | Brian Fraga
    The Massachusetts Supreme Judicial Court is expected to decide whether a state law that requires residents to apply for gun licenses with their local police departments is unconstitutional. The challenge is being brought before the court by Paul W. Patten, a Fall River defense attorney who is representing Nathaniel DePina, 19, a New Bedford man serving a 2-year jail sentence after being convicted last year of illegally carrying a firearm. Patten is appealing DePina's conviction on the grounds that the state gun licensing statute is "vague and overbroad," inconsistent in application and violates an enumerated, fundamental right protected by the...
  • New Battle in the Gun War Heads to the Supreme Court

    10/05/2009 5:21:42 AM PDT · by marktwain · 32 replies · 1,564+ views
    ABCnews ^ | 4 October, 2009 | DAVID KERLEY, DENNIS POWELL and HUMA KHAN
    It was an image that shocked the country. Could a case headed for the Supreme Court overturn gun laws in Chicago? A 16-year-old honor student in Chicago being beaten to death by teenagers. Derrion Albert, a high school sophomore was caught in a mob fight as he was walking to a bus stop. Despite not being part of either of the gangs, he was punched, kicked and struck by a board. And just a week and a half after the fatal incident, as residents demand safer streets, Chicago faces a new battle -- this time over guns. On Monday, the...
  • One Scared Elderly Man is About to Make the Country Safer

    10/03/2009 1:25:08 PM PDT · by HorowitzianConservative · 25 replies · 2,109+ views
    David Horowitz's NewsReal Blog ^ | October 2, 2009 | Claude Cartaginese
    Does the Second Amendment give one the right to keep and bear arms (even allowing one to invoke that right against the government itself), or is it a freedom only as it concerns the federal government? As Amy Goodman reported on her Democracy Now! program, that question will now be taken up by the United States Supreme Court, and the Court’s decision could have nationwide ramifications. Said Goodman yesterday: The Supreme Court has decided to rule on whether state and local handgun laws violate the Second Amendment right to gun ownership, which it recognized last year, when the Court struck...
  • The Supreme Court Takes on Guns, Again - Heller lawyer Alan Gura revived the Second Amendment...

    10/02/2009 9:12:53 PM PDT · by neverdem · 12 replies · 1,188+ views
    Reason ^ | October 1, 2009 | Brian Doherty
    Heller lawyer Alan Gura revived the Second Amendment. Can he do the same for the 14th? It has been only a year and a season since the Supreme Court shook the world of Second Amendment jurisprudence with the historical D.C. v. Heller decision. In that case, the court declared for the first time that the Second Amendment protects an individual right to bear arms against infringement by the federal government — at least commonly used arms, for self-defense in the home. Heller opened the gates for a flood of new lawsuits by gun-rights friendly attorneys and organizations, most prominently the...
  • High Court Targets Chicago's Gun Ban

    10/02/2009 5:59:52 PM PDT · by Kaslin · 19 replies · 2,517+ views
    IBD Editorials ^ | October 2, 2009 | INVESTORS BUSINESS DAILY
    Gun Control: The Supreme Court agrees to decide if the Second Amendment applies to all of us, or just Washington, D.C. Why would the Founders put in the Bill of Rights something applying only to a federal enclave? In a 5-4 decision last year written by Justice Antonin Scalia, the Supreme Court overturned a draconian District of Columbia gun ban enacted 32 years ago that barred private ownership of handguns at all. Scalia wrote that an individual's right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted. The court ruled that...
  • Gun Rights Case Could Turn On Civil War-Era Laws(CBS !)

    10/02/2009 4:48:53 AM PDT · by marktwain · 26 replies · 1,554+ views ^ | 1 October, 2009 | Declan McCullagh
    The U.S. Supreme Court announced on Wednesday that it plans to hear the next major gun rights case, a move that will decide whether the Second Amendment can invalidate state laws and municipal ordinances. A 5-4 Supreme Court decision last year did say that the U.S. Constitution protects an individual right to own a handgun. But the majority opinion never concluded that the Second Amendment applied to states; it didn't say what kind of laws beyond a flat ban are acceptable or unacceptable; it didn't even say what kind of standards lower courts should apply when evaluating anti-gun laws. One...
  • The judge who wrote the opinion overturning DC's ban on handguns

    09/28/2009 9:16:07 AM PDT · by rvoitier · 11 replies · 1,087+ views
    National Review Online ^ | 9.28.09 | Peter Robinson
    This week on Uncommon Knowledge, the man who saved the Second Amendment. In 2007, Judge Laurence Silberman, senior judge on the U.S. Court of Appeals for the District of Columbia, wrote a decision overturning the District of Columbia’s ban on handguns. The following year, the Supreme Court agreed with him.
  • Give Us Back Our Bullets

    09/28/2009 10:07:58 AM PDT · by AJKauf · 15 replies · 1,258+ views
    Pajamas Media ^ | Sept. 28 | AWR Hawkins
    When the Supreme Court struck down Washington, D.C.’s city-wide gun ban as unconstitutional in the D.C. v. Heller decision of June 2008, it seemed axiomatic that similar gun bans around the country would crumble under the weight of unconstitutionality as well. However, more than a year after the Heller decision, the D.C. city council is making it as difficult as possible to get a gun permit in the nation’s capital, Chicago’s Mayor Daley is fighting to keep his city’s total handgun ban in place, and other mayors, like Seattle’s Greg Nickels, threaten to institute gun bans every time a newsworthy...
  • How DC residents can buy guns without registration

    09/24/2009 10:47:59 AM PDT · by majstoll · 15 replies · 1,350+ views
    The ^ | September 24, 2009 | Mike Stollenwerk
    Last February I explained how, counter intuitively, the DC City Council's 2008 action to repeal the DC Police Chief's power to issue handgun carry permits made it possible for DC residents to apply by mail for handgun carry permits from Pennsylvania Sherrifs. Such applications can be made by filling out a simple form, no fingerprints, social security numbers, or training required. And these permits are accepted by many states too. . . . So how can DC residents legally acquire guns without jumping through all the hoops erected by the DC City Council? It turns out it's pretty simple -...