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A Walk through the Amicus Briefs in McDonald v. Chicago

November 23, 2010 by

Ilya Shapiro, Senior Fellow in Constitutional Studies at the Cato Institute, and Editor-in-Chief of the Cato Supreme Court Review, has provided a very useful tool to any one who seeks a better understanding of how the Second Amendment and gun rights were incorporated to states and municipalities. In More Friends of the Second Amendment: A Walk through the Amicus Briefs in McDonald v. Chicago he has summarized each and every amicus brief that was submitted to the Supreme Court in the case of McDonald v. Chicago. Given that there were 32 briefs in favor of McDonald, 16 in favor of Chicago, and two that were ostensibly neutral, this was a major task.

Of the briefs and the question presented by the McDonald case, Shapiro has this to say:

And so, in the wake of Heller, legal scholars and lay people alike widely anticipated the Court’s rejection of Chicago’s far-reaching prohibition on private gun ownership but did not know how the Court would go about doing so. Would it resurrect the Privileges or Immunities Clause or continue using a suspect doctrine—one that Justice Antonin Scalia has called “babble”—for protecting individual rights against state infringement?

That was perhaps the most interesting question at issue in McDonald, but there were others too, with activists, think tanks, politicians, and concerned citizens of all stripes filing 50 amicus briefs (fourth all-time). Many focused on the Due Process versus Privileges or Immunities issue, while others discussed the incorporation of rights generally—treating the debate over Fourteenth Amendment clauses as an academic technicality.

The breadth of the amicus briefs provide an insight into the divisions between those who are pro-gun rights and those who were anti-rights. You had state attorneys general on both sides of the issue just as you had competing groups of Members of Congress. Some briefs, more or less, duplicated the arguments of other amicus briefs and were probably submitted as much as to say they did something (and to raise money) as anything else. That said, Shapiro notes “a not insignificant number of the briefs—even if they didn’t end up being cited—seemed to have genuinely helped the justices write their opinions.”

This belongs in everyone’s library of works on the Second Amendment. Think of it as serious Cliff Notes guide to the amicus briefs presented in McDonald. If you need to do more in-depth research on a brief, this compendium will point you in the right direction.

H/T Dave Hardy

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SAF and NJARPC Sue New Jersey Over Handgun Permits

November 22, 2010 by 1 Comment

From the Second Amendment Foundation:

SAF SUES N.J. OFFICIALS FOR ‘DEPRIVATION
OF CIVIL RIGHTS’ ON PERMIT DENIALS

BELLEVUE, WA – The Second Amendment Foundation today filed suit in U.S. District Court for the District of New Jersey against several New Jersey officials for deprivation of civil rights under color of law.

SAF is joined in the lawsuit by the Association of New Jersey Rifle & Pistol Clubs, Inc. and six private citizens whose applications for permits to carry have been denied generally on the grounds that they have not shown a “justifiable need.” One of the plaintiffs is a kidnap victim, another is a part-time sheriff’s deputy, a third carries large amounts of cash in his private business and another is a civilian employee of the FBI in New Jersey who is fearful of attack from a radical Islamic fundamentalist group. Plaintiffs are represented by attorneys David D. Jensen and Robert P. Firriolo with the firm of Duane Morris, LLP in Newark.

Named as defendants in the case are three Superior Court judges, Philip J. Maenza, Morris County; Rudolph A. Filko, Passaic County and Edward A. Jerejian of Bergen County, plus Col. Rick Fuentes, superintendent of the State Police, Hammonton Police Chief Frank Ingemi and New Jersey Attorney General Paula T. Dow.

“Law-abiding New Jersey citizens have been arbitrarily deprived of their ability to defend themselves and their families for years under the state’s horribly-crafted laws,” said SAF Executive Vice President Alan M. Gottlieb. “The law grants uncontrolled discretion to police chiefs and other public officials to deny license applications even in cases where the applicant has shown a clear and present danger exists.

“If being a kidnap victim, or part-time law enforcement officer, or the potential target of a known radical group does not clearly demonstrate a justifiable need,” he continued, “the defendants need to explain what would. Do citizens need guns to their heads or knives to their throats before the state considers their need to be justified?

“Supreme Court rulings have made it clear that the Second Amendment prohibits states from completely banning the carrying of handguns for self-defense,” Gottlieb said. “Nor may states deny citizens the right to carry handguns in non-sensitive places or deprive them of the right to carry in an arbitrary and capricious manner. That’s what is happening today in New Jersey, and we intend to stop it.”

Sebastian at SnowFlakesInHell has more on the suit here.

A copy of the complaint may be found here.

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Passenger Strips Rather Than Be Patted-Down

November 22, 2010 by 1 Comment

Normally the fact that a passenger stripped rather than to submit to being scanned or be patted down would be interesting but of not much relevance on a gun blog. Except when the person is well-known San Diego open carry activist Samuel Wolanyk.

You may remember that at the end of September the City of San Diego reached a settlement with Mr. Wolanyk for his improper arrest for unloaded open carry. He won $35,000 and a Finding of Factual Innocence and the SDPD also agreed to enhance the training of their police officers.

In this case, Mr. Wolanyk, a frequent flyer, chose to strip to his underwear rather than undergo a pat-down or go through the scanner. As NBC San Diego reports:

Through a statement released by his attorney Sunday night, Wolanyk said “TSA needs to see that I’m not carrying any weapons, explosives, or other prohibited substances, I refuse to have images of my naked body viewed by perfect strangers, and having been felt up for the first time by TSA the week prior (I travel frequently) I was not willing to be molested again.”

Wolanyk’s attorney said that TSA requested his client put his clothes on so he could be patted down properly but his client refused to put his clothes back on. He never refused a pat down, according to his attorney.

Wolanyk was arrested for refusing to complete the security process and for recording the incident on his iPhone, according to his attorney.

My guess is that TSA is more upset about the recording of the incident on his iPhone than having Mr. Wolanyk strip down.

The logic of TSA also baffles me. If you have a guy in his underwear in front of you, why do you need him to get dressed so you can pat him down? Can’t you just look at him and see he doesn’t have any weapons taped to his body? They could also examine the clothing on the floor if they thought something was secreted away in it.  But then again, using the word logic in conjunction with TSA is an oxymoron.

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ATF Issues Cease and Desist Order to Non-Firearms Manufacturer

November 22, 2010 by 1 Comment

On Thursday, the ATF hand delivered a Cease and Desist order to KT Ordnance of Dillon, MT. They are a company that machines 60% unfinished 1911 frames and AR-15 lowers. The products requires additional machining to make them usable. For example, on the 1911 unfinished frames, you still must cut the the slide rails and the barrel seat cut as well as drilling the hammer and sear holes. I know I’m not enough of a metal worker to do this!

As you can see in the picture below, it is hunk of metal that can’t readily be made into a firearm without much additional work.

 

David Codrea in his National Gun Rights Examiner has an extensive report on this. He also has copies of the letter delivered to KT Ordnance as well as their attorney’s response to the ATF. The way the ATF is going about it is fairly strange as Codrea notes:

Here’s the thing: IF Celata is doing what the government accuses him of, since when do they give out warnings and advise people to get a license? Can you imagine the DEA finding you formulating and selling Oxycontin and responding by hand-delivering a letter telling you to stop and not resume activities until you become a legally-authorized pharmacist?

And since when does ATF do things that way? This looks like nothing so much as a clumsy attempt at entrapment–if they can get him to acknowledge in writing that what he is doing constitutes manufacturing firearms, they’ll be able to use that to obtain a warrant, do a raid and then characterize it to a jury as Celata’s “admission/confession.”

This bears watching.

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Black (Rifle) Friday Sale

November 22, 2010 by 1 Comment

Brownells, the source of parts and tools of darn near everything firearms related, is having their own Black Friday sale – except that it is a Black Rifle Friday sale. I think it is a great play on words!

Here is their press release on it along with links to their coupon codes.

Save on your gun related Christmas shopping starting at 12:00 AM, Friday, November 26! Go to http://www.brownells.com/.aspx/bapid=34/ClientPage/Black_Rifle_Fridayat 12:00 AM to get the special coupon code, or be a friend on Facebook http://www.facebook.com/BrownellsInc, and get early access to the coupon code, and a head start on savings. Entering the coupon code will save you 10% off any order over $150! The exclusive savings run through midnight, on “Cyber-Monday”, November 29, so make out your wish list for Santa and get ready to save! And, selected items have special, reduced prices, available all weekend; AND, the 10% offer is good there, too!

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Comply With Me

November 20, 2010 by

What can you say about the Iowahawk except that he is brilliant!

Eric Felten in his Wall Street Journal column yesterday had this to say sarcastically with reference to the TSA anger at criticism of their new “procedures”:

Shame on those of you who have bought the “Don’t Touch My Junk” T-shirts that entrepreneurs made available this week. Shame too on the Tea Party types who mocked the inviolable authority of the TSA by replacing the Gadsden Flag’s “Don’t Tread On Me” with Mr. Tyner’s impertinent slogan. And treble shame on the blogger Iowahawk who demeaned not only the TSA but Frank Sinatra by recasting “Come Fly With Me” as “Comply With Me.” (The lyric “Once I get you up there” became “Once I get all up there.”) You should all be aware that the TSA is not amused.

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Colt 1911 Rail Gun

November 20, 2010 by 2 Comments

At the same time Colt’s Manufacturing was rolling out the SP901 Modular Carbine to writers and bloggers at Gunsite, they were rolling out a new version of the 1911. Called the Rail Gun, it is part of their XSE line of 1911’s and features an integral rail for use with weapon-mounted lights or lasers. It is a full-sized Government model 1991 in either blackened or brushed stainless steel, has Novak 3-dot sights, an upswept beavertail grip, and the previously mentioned integral rail. Currently it is only available in .45 ACP.

Michael Bane reviews the pistol for DownRange TV in the video below. From the comments he made, it is obvious that he likes it. I believe he said in his recent podcast that he liked it enough to buy it. When a gun writer buys a gun with his own money that says something.

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Old Politicians and Old Press Releases Really Never Die

November 20, 2010 by

It is sometimes amazing what documents you can find that are still available on the Internet. I’m not talking about historical documents related to our country’s founding that might be found in the National Archives. Rather I came across this old press release from someone that the State of Illinois would rather forget – then-Gov. Rod Blagojevich.

FOR IMMEDIATE RELEASE
March 14, 2005

Governor Blagojevich launches effort to fight gun trafficking
Governor sets up gun crime unit in State Police; New Gun Trafficking Unit will work with Indiana, Mississippi and federal agencies to stop flow of crime guns into Illinois

CHICAGO – In a new effort to stop the flow of illegal guns into Illinois, Governor Rod Blagojevich today announced the creation of an elite gun trafficking police unit that will work with federal authorities and law enforcement agencies from two other states to detect and capture gunrunners and dealers.

“Most guns used in crimes come from out of state. The more we can stop the flow of illegal guns into Illinois, the less gun crime and gun violence we’ll see. That’s why we’re creating an elite gun crimes unit to reduce the flow of crime guns into the hands of criminals. We’re going to track illegal guns to their sources and crack down on the sale and distribution of illegal guns,” Governor Blagojevich said.

More crime guns flow into Illinois from Indiana and Mississippi than from any other state. According to recent data, 777 crime guns from Indiana and 532 crime guns from Mississippi were located in Illinois. Crime guns from these two states alone nearly equal the total number of crime guns from the next 10 states combined.

Nationwide, close to 90 percent of guns used in crimes are trafficked. In Chicago, for the past two years more than 75 percent of murders involved guns.

Trafficking is when a gun is passed from a legal buyer or seller, to a person or group who are not permitted to have a weapon. Trafficking also takes place when a gun is stolen, sold by a corrupt dealer to a criminal, sold to a legal buyer who gives it to a criminal, or inadvertently sold to a criminal. In Illinois, almost half of traced gun crimes were trafficked from another state.

“Illinois is flooded with a deadly tide of crime guns that come from states that have very lax gun laws. This initiative will have a greater impact on reducing Illinois crime than any other gun safety measure currently being proposed,” said Jim Kessler, Policy and Research Director for Americans for Gun Safety.

The gun-tracing unit will work with authorities in Indiana and Mississippi, coordinating information on purchases, allowing law enforcement to take action. The unit will also analyze federal data to detect trends and patterns and prevent criminal activity.

The unit will be led by a Master Sergeant and will include five new intelligence analysts to study crime gun data and help lead agents to gun traffickers. The state troopers assigned to this unit will be trained by the federal bureau of Alcohol, Tobacco and Firearms (ATF).

The Governor also sent a clear message to those who want to make guns more easily accessible. “Bills that would preempt the home rule and take away the power of cities to enact gun control laws, or that would make Illinois a conceal and carry state, or that would destroy records that will make it harder for law enforcement to trace gun crimes, are bills that would weaken our gun laws and increase crime. If any of these bills reach my desk, let me say it right now: they are dead on arrival.”

Illinois State Police Director Larry Trent, Mississippi Bureau of Narcotics Director George Phillips, Special Agent in Charge of the Chicago Division of the ATF Andrew L. Traver, and the leadership of the Illinois Association of Chiefs of Police as well as legislators and leaders from state and national gun control advocacy groups including Americans for Gun Safety, the Chicago Chapter of the National Brady Campaign and the Northern Suburban Chapter of the Million Mom March joined the Governor at the press conference.

Blago, as he has become know in new headlines, was impeached and convicted by the Illinois General Assembly in 2009. He was later tried on Federal corruption charges. Blagojevich was convicted on one count of lying to the FBI when a mistrial was declared on the remaining 23 charges as the jury couldn’t reach a decision. He will be retried on those charges in April 2011.

It is important to remember that Blagojevich always made gun control a central part of his political campaigns. Running for reelection in 2006, he pummeled his Republican opponent mercilessly on gun control especially her opposition to a new assault weapons (sic) ban.

I’m sure that is one news conference and one disgraced politician that Andrew Traver and those supporting his nomination to be the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives would sooner forget. The beauty (and the curse) of the Internet is that things are never really forgotten.

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And In North Carolina News…

November 20, 2010 by

Congressman Bob “Who Are You” Etheridge has conceded defeat to Renee Ellmers. In the unofficial recount, Ellmers has maintained her approximately 1,500 vote lead. Ellmers, if you will recall, was rated AQ by the NRA and was eventually endorsed by them. Etheridge, by contrast, was rated D by the NRA. It is somewhat surprising that someone with his weak gun rights credentials could hold on to his seat in rural eastern North Carolina for so long.

One last thing about Renee Ellmers – she has her CCW and didn’t hide that fact.

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CCRKBA Joins Fight Against Nomination of Traver

November 19, 2010 by

This was released yesterday by the Citizens Committee for the Right to Keep and Bear Arms regarding the nomination of Andrew Traver to head ATF:

CITIZENS COMMITTEE OPPOSES TRAVER NOMINATION TO HEAD BATFE
Thursday, November 18th, 2010

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today is announcing its opposition to the nomination, by President Obama, of Andrew Traver as director of the Bureau of Alcohol, Tobacco, Firearms and Explosives

Traver is currently special agent in charge of Chicago’s BATFE field division, where he has a history of working with gun prohibitionists. He served as an advisor to the International Association for Chiefs of Police on that group’s 2007 “Gun Violence Reduction Project,” in cooperation with the anti-gun-rights Joyce Foundation. This project involved several high profile anti-gun-rights advocates, but there was not a single representative from the firearms community on the advisory panel.

“The nomination of Andrew Traver is more proof that Barack Obama has complete disregard for the Second Amendment and the rights of firearms owners,” said CCRKBA Chairman Alan Gottlieb. “We have serious concerns that the agency, under his leadership, will maintain any semblance of cooperation with the firearms industry, over which BATFE exercises considerable control.”

Traver helped develop the IACP/Joyce Foundation report, which recommended banning an array of modern sport-utility rifles and .50-caliber rifles used in long-range competition. The report also encouraged Congress to repeal the Tiahrt Amendment that protects sensitive trace data used by law enforcement in criminal investigations from being misued in frivolous municipal lawsuits that have consistently lost in court, and urged the adoption of restrictive gun show regulations that would effectively force them to close.

“Mr. Traver appears to be joined at the hip to various gun control and gun ban efforts,” Gottlieb observed. “The Citizens Committee, its members and supporters across the country oppose this nomination because Traver’s history clear shows that he is not the right man for such an important job.”