A Tour of the Ruger Factory in Prescott, AZ

Mr. Completely and KeeWee were fortunate enough to be able take a tour of the Ruger factory in Prescott, Arizona. Normally, they don’t allow factory tours. However they met Lori Petoske from Ruger at the Gun Bloggers Rendezvous and she arranged it for them.

Assembly Room

If you are a Ruger fan, and I am, both their posts are well worth a read to get an idea of the high technology that goes into every Ruger semi-auto.

The only downside to these type of plant tours is that they don’t give samples!

Bateman v. Perdue – Gura Files a Motion for Summary Judgment

It is fitting that my 400th post deals with the first post-McDonald decision case – Bateman et al v. Perdue et al – as this blog really started to take off with my post on that case.

On Monday, Alan Gura and Andrew Tripp filed a Motion for Summary Judgment in U.S. District Court for the Eastern District of North Carolina in the Bateman case. They ask that as a matter of law that the Court find North Carolina’s state of emergency law violates the Second and Fourteenth Amendments.

I will have a much longer and detailed update on this after I have time to fully read and digest the motion. However, I did want to get the news out that this important new motion had been filed in this case.

NRA-ILA’s Assessment of Mid-Term Elections

In an email sent out today by the NRA-ILA, they had this assessment of the mid-term elections with regards to gun rights:

U.S. Senate

* 19 of NRA-PVF’s 25 endorsed U.S. Senate candidates won. This marks a pro-gun upgrade of eight Senate seats.
* In the 111th Congress, there were 43 A-rated and 34 F-rated Senators. The 112th Congress will contain 50 A-rated (+7) and 33 F-rated Senators (-1).
* There will be 12 pro-gun Senate freshmen.

U.S. House

* Of the 262 candidates endorsed by the NRA-PVF for the U.S. House, 225 were victorious, for an 85% winning percentage. In every case but one where an NRA-PVF endorsed candidate lost, a pro-gun challenger replaced him.
* In the 111th Congress, there were 226 A-rated and 151 F-rated Representatives. The 112th Congress will contain 258 A-rated (+32) and 133 F-rated (-18) Members.
* There were pro-gun election upgrades in 27 House districts.

Note: As of today, 9 races remain too close to call.

Gubernatorial & State Legislatures

* Of the 21 gubernatorial candidates endorsed by the NRA-PVF, 15 were victorious. (Note: Two races remain too close to call.)
* We made major gains in state legislative races, which will position us well in the upcoming legislative sessions next year.

If one uses the NRA endorsements and grades as the measure, it certainly does appear that there is a majority of A-rated members of Congress in both houses.

Amended Complaint Filed in Kachalsky et al v. Cacace et al

An amended complaint was filed Thursday in the Kachalsky case by Alan Gura. The amended complaint adds three new plaintiffs as well as two new defendants to the case. Back in August, Gura had requested the permission of the court to add additional plaintiffs in an endorsed letter to Judge Cathy Seibel. He had noted at that time that he had at least one additional plaintiff who had been denied a pistol carry permit after the McDonald decision. While this plaintiff could file a separate suit, Gura suggested it would be more efficient to just add them to the Kachalsky case.

All the new plaintiffs are residents of Westchester County and all are licensed to have a handgun for the limited purpose of target shooting. They had each applied to have their limited licenses amended or upgraded to full carry after the McDonald decision was reached by the U.S. Supreme Court in late June. The timing is important as the State of New York had indicated in earlier filings that they would use the pre-McDonald decision denial of permits for Alan Kachalsky and Christina Nikolov as grounds for dismissal.

The first new plaintiff is Eric Detmer. Mr. Detmer serves in the U.S. Coast Guard Reserve and is a qualified Boarding Team Member where he carries a .40 S&W Sig-Sauer P229 DAK while on duty. As part of his service with the Coast Guard, he has to qualify twice a year with his handgun. Due to his military status, he is exempted from having to complete a firearms safety course per NY Penal Code 400.00.1(i). In his civilian life, Mr. Detmer is a state licensed Professional Engineer.

When Mr. Detmer applied to Westchester Court to amend his limited license for the purpose of full carry, Westchester County recommended to the hearing officer Albert Lorenzo that it be disapproved saying, in part, that:

Detmer “has not substantiated that he faces danger during non employment hours that would necessitate the issuance of a full carry firearm license” and “has not demonstrated an exceptional need for self protection distinguishable from that of the general public.”

On September 27, 2010, Lorenzo denied Detmer’s application saying “I see no justification for a full carry permit.”

Johnnie Nance and Anna Marcucci-Nance both hold limited pistol licenses that only allow for target shooting. Both he and she are shooting instructors and regularly transport firearms. They both hold FCC Amateur Radio Licenses and are active in the amateur radio (HAM) community. 

They both applied to have their limited license upgraded to “full carry” for the purpose of self-defense. In mid-August, Westchester County recommended that each of their applications be denied saying “no safety concerns have been cited by the applicant” and they had not demonstrated “an exceptional need for self protection distinguishable from that of the general public.”

On September 9th, hearing officer Robert Holdman found that neither had demonstrated any exceptional need for the permit. He then cited the denial of Alan Kachalsky’s application and found that neither of the applicants demonstrated “proper cause” within the meaning of the Penal Code. He then went to add:

“In sum, the applicant has not shown sufficient circumstances to distinguish his (her) need from those of countless others, nor has he demonstrated a specific need for self protection distinguishable from that of the general community or of persons engaged in the same business or profession.”

 Both counts of the lawsuit charging violations of the Second Amendment and the Equal Protection Clause of the Fourteenth Amendment remain essentially the same. The second count clarifies the violation of the Equal Protection Clause saying that the requirement that applicants “demonstrate cause for the issuance of a permit classifies individuals, including plaintiffs, on the basis of irrelevant, arbitrary, and speculative criteria in the exercise of a fundamental right.”

All four of the named defendants are being sued in their capacity as a licensing officer. The complaint, both original and amended, have always noted that they were “at all relevant times a handgun carry permit licensing officer for defendant Westchester County.” The complaint stresses this as each is also a sitting judge in New York State. Susan Cacace is an elected County Court Judge for Westchester County, Jeffrey Cohen is a Justice in the NY Supreme Court for Westchester County, Albert Lorenzo is a Judge on the Court of Claims, and Robert Holdman is a Judge on the Court of Claims. Lorenzo and Holdman are also acting Justices in the NY Supreme Court for Bronx and Westchester Counties respectively. I should note that in New York State, the Supreme Court is a trial court akin to a Superior Court in other states.

The State of New York did not file their anticipated 50 page Motion to Dismiss on Friday. The amended complaint may have been the reason. They did, however, add a second Assistant Attorney General, Monica Connell, to the defense team.

Gun Ownership As The Firewall Against The Power of Big Government

Bill Whittle is a screenwriter, director, pilot and writer. He is the founder of Declaration Entertainment which seeks to provide a conservative alternative to the stuff coming out of Hollywood.

In this video he examines the role of gun ownership in America and how it serves as the ultimate firewall in restraining the power of a big and overbearing government. He looks at countries such as Pol Pot’s Cambodia, Stalin’s Soviet Union, and Hitler’s Germany and concludes that the genocides that they perpetrated on their people was possible because they were disarmed.

This video is about 8 minutes long. It is worth spending the time viewing it.

H/T Instapundit

Where is Black Jack Pershing When We Need Him

Instapundit posted a link to the University of Texas at Brownsville and Texas Southmost College’s website tonight. They had this announcement posted:

UTB/TSC Emergency Warning #5
The campus is closed and evening classes have been canceled today and Saturday, Nov. 6 because of gunfire taking place across the Rio Grande. Anyone who needs to come to campus or has questions about events can call Campus Police at 882-8232 or 882-8233. Homecoming activities for Saturday, Nov. 6 have been affected. Coffee with the President has been canceled. The Golden Scorpions Reunion at noon will be on the patio at Lolas Bistro at 1335 Palm Blvd. in Brownsville. The Distinguished Alumnus Award event has been postponed until further notice. Enrollment Management’s Scorpion Saturday event has also been canceled. The mens and womens soccer semifinals of the Red River Athletic Conference Tournament have been moved to the Brownsville Sports Park. The womens game that UTB/TSC is playing in is at 8 p.m. and the mens game that UTB/TSC will play in is at 10 p.m. today. The womens soccer final will take place at 5 p.m. and the mens soccer final will be at 7 p.m. Saturday, Nov. 6 at the Brownsville Sports Park.

If anyone has ever doubted that we have trouble on our Southern border, this should be a wake-up call. This isn’t some modern-day Pancho Villa with his raid on Columbus, New Mexico. Rather it is a full-fledged narco-terrorist insurgency on our borders with heavy weaponry smuggled into Mexico by international arms merchants and not bought at American gunshows as the White House and the Brady Campaign would have us believe.

Enough is enough. One of these days Tonight We Ride will be more than just a great song by singer-songwriter Tom Russell. It’s time to skin some terrorists and make chaps out of their hides.

Update on Bonidy et al v. USPS et al

In the first part of October, attorney Jim Manley and the Mountain States Legal Foundation sued the United States Postal Service on behalf of Colorado residents Debbie and Tab Bonidy. The National Association for Gun Rights is also a party to the lawsuit as an organizational plaintiff. The suit was brought to challenge the USPS’s ban on functional firearms on any Postal Service property with few limited exceptions.

An amended lawsuit has now been filed in the case. There is little change in the amended complaint when compared to the original complaint. The first changes are that Postmaster General John Potter and Avon, Colorado Postmaster Steve Ruehle are now only being sued in their official capacities. The earlier complaint had both men being sued in both their official and individual capacities.

The remaining changes are, for the most part, stylistic in nature. For example, in paragraph 26 of the amended complaint, relief is asked from “continued enforcement and maintenance of Defendants’ unconstitutional laws, customs, practices, and policies.”

The first post on the lawsuit was picked up by a web news service for USPS managers and employees about two weeks after the lawsuit was filed. The link from PostalNews was put up a few days after two Postal Service employees were murdered at a small post office in western Tennessee. From the comments, you would have thought that Jim Manley was proposing some obscure pagan ritual involving human sacrifice.

One anti-gun postmistress went so far as to brag how she even made uniformed law enforcement officers leave their service weapons in their police cruiser rather than to allow a firearm into her post office. As it is, the murder of the Henning, TN USPS employees was committed by a (still) unknown assailant who chose to ignore both the USPS laws and regulations banning firearms and the criminal laws of the State of Tennessee regarding homicide.

No More Franken’ed Elections

Representative Bob “Who are You” Etheridge (D-NC) was defeated for re-election by nurse Renee Ellmers by about 2,100 votes. She was the only Republican candidate to defeat any of the “at-risk” Democratic congressmen in North Carolina despite not having resources poured into her race by the Republican National Congressional Committee. Under North Carolina law, Etheridge is not entitled to an automatic recount if the margin is greater than one percent. Suddenly yesterday, more votes were found for Etheridge and he is calling for a recount.

Here is what Renee herself is saying about this:

Dear Supporters,

Election night, after the ten counties in my district had reported their votes, I led Bob Etheridge by 2,100 votes. (That number is crucial because under North Carolina law Congressman Etheridge is not entitled to an ‘automatic recount’ if he trails by more than 1% – or 1,888 votes.)

Then, yesterday afternoon – unexpectedly – the vote totals changed. The State Board of Elections reported my lead had dropped to 1,600 votes. Two hours later Bob Etheridge announced he intended to call for a recount.

As a result, last night my campaign began hiring attorneys – eleven attorneys in all. One in each county to monitor each recount and an attorney to work with the North Carolina State Board of Elections.

Right now, our best estimate of the minimum cost we face is $50,000. But, of course, my campaign spent every penny we had before the election.

Yesterday, we appealed to the National Republican Congressional Committee for support, asking if they could contribute to help pay the costs of this recount. Their answer, unfortunately, was, No – that we would have to raise the money to pay for the recount ourselves.

I was afraid that would be their answer. Months ago, I went to Washington and asked the National Republican Congressional Committee and many conservative leaders to help my campaign. Many conservative groups – like the Susan B. Anthony List, Concerned Women of America, Freedom Works, and Sarah Palin’s Sarah PAC all helped, but the NRCC declined. Later, they did support other campaigns in North Carolina – which, unfortunately, lost – but we never received their support. In fact, their spokesman told the press “that the campaign wasn’t ready for prime time” – which actually made it even harder for us to raise money. So, I am doubtful we will get support from the NRCC to help with the expense of the recount.

Right now, I lead Bob Etheridge by 1,600 votes. That lead should hold up. But we can’t take anything for granted. We must leave no stone unturned to insure a fair recount. We cannot allow the kind of mishap that happened in Minnesota – when Al Franken was elected – to repeat itself in North Carolina.

This morning my campaign manager set up a special fund – Renee Ellmers for Congress Recount Fund – to pay for the recount. I never dreamed I’d be asking you for another donation two days after the election – but I need to raise $50,000 ‘yesterday.’ The maximum you may give is $2,400. Each contribution – whatever the amount, whether it’s $25, $250, or $500 – is crucial and will be deeply appreciated. Could you send a donation and mail it today? Or, better still, click here, to give on my website.

I apologize for asking for another gift so soon – but I am sure you understand.

As ever, thank you and best wishes.

Renee Ellmers

Lest we forget, back in 2008, Senator Norm Coleman finished election day in Minnesota with a small lead of about 700 votes over comedian Al Franken. The Democrats and Franken called for a recount and day by day Coleman’s lead was whittled away as more ballots with Franken’s name on it were “found”. Eventually Franken was declared the winner and was sworn into the Senate in July 2009.

I don’t want to see that happen in North Carolina and I don’t trust the State Board of Elections which is dominated by partisan hacks to do the right thing without a lot of prodding. And the best thing to prod these hacks is a good attorney. Or a pack of good attorneys.

What about Ellmers on gun rights? Well, Ellmers was finally endorsed by the NRA towards the end of her campaign. She is rated AQ by the NRA-PVF and 3 stars by GRNC. Etheridge was rated D by the NRA and 0 stars by GRNC. For someone from eastern North Carolina he has been particularly unfriendly to gun rights and the Second Amendment. In addition to her ratings, Ellmers is a North Carolina licensed Concealed Handgun Permit holder.

Here is the link to donate to Ellmers Recount Fund:

http://www.reneeforcongress.com/landing-pages/help-our-recount-effort

And if you need any extra persuasion, just watch the video again. I just sent her a good donation as the only place I want to see Etheridge again is on YouTube.

UPDATE: From Renee Ellmers:

Dear Supporter,

The Board of Elections in each county in the district are now counting 3,000 ‘provisional ballots.’ And, next Friday, each County Board (there are 10) will hold a ‘canvas’ to confirm the initial vote totals.

The good news is many of these ‘provisional’ ballots are in counties I won – like Johnston County which I carried 64% to 34%.

The bad news is today our attorneys informed my campaign that by next Friday, we face $70,000 in legal bills. And, after Friday, we face another $150,000 in costs for the recount.

Before I say another word, I want to thank everyone who has responded to my appeal for help. People from across the nation have contributed and their gifts have allowed us to quickly put the team we need in place to insure a fair vote recount. I also want to thank – from the heart – Sarah Palin, who joined in asking people to help, Rush Limbaugh, who discussed our recount today on his program, and every blogger who’s posted an article asking people give to help me.

Many people have expressed their disappointment that the National Republican Congressional Committee refused to help. Well, as President Reagan used to say, Sometimes you have to make a politician feel the heat to see the light. Whether it is due to Sarah Palin or Rush Limbaugh or all the bloggers helping us, the NRCC has seen the light. They have wired my Recount Fund $5,000 and committed to help us raise money. I am grateful for their help and, from here, we take one step at a time.

Right now, I have two deadlines staring me in the face:

1) I must be ready to pay our lawyers $70,000 for their work through next Friday.

2) And, after Friday, I have to be ready to pay another $150,000 – a total of $230,000.

So, as you can see, we’re a long way from meeting our goals, and, if you can, please send a contribution to the Renee Ellmers for Congress Recount Fund.

Right now, I have two deadlines staring me in the face.

When you think about it, here’s the bottom line: Congressman Etheridge has already announced he will call for a runoff. And if he returns to Washington it will be one more vote in Congress for Nancy Pelosi.

If you can contribute please give today.

Thank you and best wishes,

Renee Ellmers

An update in the Kachalsky case

It has been a long time since we’ve had news in this case. Kachalsky et al v. Cacace et al was the second post-McDonald case filed by Alan Gura. It challenges New York State’s pistol permit requirement to show “proper cause”.

An endorsed letter was filed last week by Anthony Tomari, Assistant Attorney General, on behalf of the State of New York. District Court Judge Cathy Seibel requires a letter indicating what motions the parties intend to file before they are filed. This letter requested the court’s permission to exceed the 25 page limit for the legal memorandum in support of their motion to dismiss. They are requesting up to 50 pages in order to support their position. Alan Gura had advised them he would be OK with 35 pages. Nonetheless, Judge Seibel granted permission to go up to 50 pages and added that the plaintiffs could also file a brief of that size if they thought it necessary. This motion is scheduled to filed with the court this Friday, November 5th.

Mr. Tomari, in his request, said he didn’t think he could adequately cover the substantial issues of both jurisdiction and the constitutional question presented otherwise. Tomari noted:

The impact of Heller/McDonald is just beginning to work its way through the federal and state judiciary and there are numerous on-going cases across the country raising Second Amendment challenges to state handgun statutes. Collectively, these cases will define the scope of rights conferred (sic) by the Second Amendment. Moreover, given the interests at stake, it is a certainty that there will be appeals, and a reasonable prospect that these issues will again be presented to the Supreme Court.

This letter also gives an indication of the grounds on which the State of New York plans to argue for a dismissal of this case. They will center on jurisdictional issues including:

  • Plaintiff’s constitutional claims are not ripe
  • Plaintiffs lack standing to pursue the claims set forth in the complaint
  • Jurisdictional abstention is appropriate under Younger v Harris
  • Jurisdictional abstention is appropriate pursuant to the Pullman and Burford doctrines
  • Subject matter jurisdiction does not exist pursuant to the Rooker-Feldman doctrine.

Younger abstention is the argument that the State of Maryland is pursuing in its move to dismiss the challenge to Maryland’s concealed carry requirement of “apprehended fear” in Woollard v Sheridan. More on the other abstention doctrines mentioned can be found here.

In the State’s earlier letter announcing motions, they only mentioned ripeness and the Rooker-Feldman doctrine. I can only infer from the latest letter that Mr. Tomari has been studying the arguments presented by the defendants in other Second Amendment cases. If so, I do give him credit for not trying to reinvent the wheel – not that it will carry the day in the end.

I will have updates next week after I have had time to digest the anticipated motions to be filed on Friday.

UPDATE:  The State of New York has not filed their 50-page motion to dismiss yet. However, Alan Gura has filed an amended complaint which names new plaintiffs who have been denied pistol carry permits in Westchester County as well as additional defendants. I will have a separate post on this after I have had a chance to read it.