Wilson V. Cook County – A Partial Win

The Illinois Supreme Court issued its anticipated opinion this morning in the challenge to the Blair Holt Assault Weapons Ban. This is the ban on certain semi-automatic pistols, rifles, and shotguns in Cook County. The court affirmed the judgment of the appeals court that the Cook County ordinance did not violate the due process and equal protection clauses of the 14th Amendment. However, it reversed the appeals court on one count on Second Amendment groups and remanded it back to the trial court in Cook County for further hearings.

Here is a summary of the opinion from the Illinois Supreme Court:

Wilson v. County of Cook, 2012 IL 112026

Appellate citation: 407 Ill. App. 3d 759.

JUSTICE THEIS delivered the judgment of the court, with opinion.

Chief Justice Kilbride and Justices Freeman, Thomas, Garman, Karmeier, and Burke concurred in the judgment and opinion.

The Illinois Supreme Court held that a second amendment challenge to Cook County’s ban on assault weapons could proceed in circuit court and should not have been dismissed at the pleading stage for failure to state a cause of action. No trial has yet occurred.

At issue is the constitutional validity of a Cook County ordinance enacted in 2006 and renamed the Blair Holt Assault Weapons Ban in 2007. Various plaintiffs opposed to the ordinance filed a preenforcement action seeking declaratory and injunctive relief based on their facial challenges to the ordinance’s constitutionality. It was claimed that the ordinance violates due process because of vagueness, denies equal protection, and is in violation of the right to bear arms, which is protected by the second amendment to the United States Constitution. The defendants responded with a motion to dismiss, which the circuit court granted. The appellate court affirmed the dismissal in 2011, and the plaintiffs appealed to the Illinois Supreme Court.

In this decision, it was held that the dismissal of the complaint counts alleging denial of due process and equal protection could stand, and the results reached in the courts below were upheld. However, as to the second amendment issue, the supreme court took a different view. At this early stage of the litigation, in the procedural posture of this case, it cannot be said conclusively whether “assault weapons” as defined by the ordinance fall within or outside the scope of the rights protected by the second amendment. This question requires an empirical inquiry that goes beyond the scope of both the record in the current litigation and judicial notice. The supreme court said that, at this point in the lawsuit, it cannot be said that no set of facts can be proved that would entitle the plaintiffs to relief. Neither has the County had an opportunity to present evidence to justify a nexus between the ordinance and the governmental interest it seeks to protect. Therefore, the circuit court’s dismissal of the complaint count based on the second amendment was improper and was reversed, as was that part of the appellate court’s judgment which affirmed the dismissal.

The cause was remanded to the circuit court of Cook County for further proceedings.

The full opinion can be found here.

I have read the full opinion and hope to post on it later. Now it is back to work to earn a living!

SAF Files Suit Against Housing Authority In Illinois

The Second Amendment Foundation has filed suit in US District Court for the Central District of Illinois against the Warren County (IL) Housing Authority. The WCHA bans personally owned firearms by residents in the government-subsidized housing. The suit is brought on behalf of Ronald G. Winbigler who is a disabled former police officer.

The attorney in the case is David Sigale who is the co-counsel in the Ezell case and served as co-counsel in the McDonald case.

I haven’t read the complaint yet but I do think the Second Amendment Foundation has shown brilliance in the choice of its lead plaintiffs over the years. In this case, a disabled police officer who has a need to protect himself.

From the SAF release:

SAF SUES OVER PUBLIC HOUSING GUN BAN IN WARREN CO, ILLINOIS

For Immediate Release: 4/4/2012

BELLEVUE, WA – The Second Amendment Foundation has filed a federal lawsuit against the Warren County, Illinois Housing Authority, seeking an injunction against the WCHA’s ban on personally-owned firearms by residents of government-subsidized housing.

The lawsuit was filed on behalf of Ronald G. Winbigler, a resident of Costello Terrace in Monmouth. Mr. Winbigler is a physically disabled former police officer who wants to have a handgun in his residence for personal protection. The lawsuit seeks equitable, declaratory and injunctive relief challenging the WCHA ban. It was filed in U.S. District Court for the Central District of Illinois, Rock Island Division.

“Ron Winbigler faces the same dilemma so many other residents of government-subsidized public housing face,” said SAF Executive Vice President Alan Gottlieb. “He wants a firearm for self-defense, but he risks losing a place to live because of bureaucratic political correctness. As a police officer, he consistently trained and repeatedly qualified in the safe use and handling of firearms, and because of his experience, he understands the threat of crime.”

“People do not lose their Second Amendment rights just because they are of limited means,” added attorney David Sigale, who represents SAF and Winbigler in this action. “Nobody wishes to be in need of financial assistance, but it is an indignity to make the waiver of constitutional rights a condition of government-subsidized housing. We are confident the Courts will hold that those residents have the same right to defend their families and themselves as everyone else.”

“It is astonishing that in Illinois of all places, government entities would continue to interfere with the Second Amendment rights of citizens, after our Supreme Court victory in the McDonald case almost two years ago,” Gottlieb said. “That case nullified Chicago’s handgun ban and extended Second Amendment protections against infringement by state and local governments and their agencies. Mr. Winbigler and people like him deserve the full protection of the Constitution, especially if they live in subsidized public housing.”

A Good Start To The Month

Coming off the month of March in which he had wins at the District Court level in both the Woollard and Bateman cases, Alan Gura starts the month of April with news of a fee settlement with the District of Columbia for more than US District Court Judge Emmet Sullivan had awarded.

From BLT: The Blog of the Legal Times:

The attorneys who won the landmark D.C. gun case in the Supreme Court in 2008 have agreed to settle a legal fee dispute with the city for $1.5 million, terminating a dispute in a Washington federal appeals court.

The plaintiffs’ lawyers, including Alan Gura of Alexandria’s Gura & Possessky, who argued the high profile gun rights case in the Supreme Court, had sought more than the $1.17 million a trial judge awarded in December.

While I still think the District of Columbia is getting off cheap, I’m glad to see Alan Gura and Clark Neily finally getting paid for their years of work on the Heller case.

A spokesman for the city said they decided to settle to avoid the “uncertainties” of the appeals process. Given that first and foremost Alan is an appellate attorney, I think this probably was wise on the part of the city.

Oh, Those Evil Gun Companies And The Evil NRA

The Violence Policy Center has their panties in a wad over a donation that Glock, Inc. is making to organizations within the National Rifle Association. Frankly, I think they are jealous that the Joyce Foundation doesn’t give them this much money with which to put out more spurious reports.

I agree with Miguel that the VPC will have even more PsH’s when Ruger presents the final installment of their $1 million  $1.2 million dollar challenge check to Wayne LaPierre at the NRA Annual Meeting.

From Glock’s press release in part:

Smyrna, GA – GLOCK, Inc. will donate a total of $115,000 to four separate organizations within the National Rifle Association (NRA) during the 2012 NRA Annual Meeting & Exhibits held in St. Louis, MO, Apr. 12 – 15. GLOCK, Inc. Vice Presidents Gary Fletcher, Chad Mathis and Josh Dorsey, alongside spokesman R. Lee Ermey, will make presentations to each group inside the GLOCK, Inc. exhibition booth (#2031) on Friday, April 13, 2012 at 10:00AM.

“There are millions of NRA members and thousands of certified NRA firearms instructors who continue to protect our Second Amendment rights and help to promote firearms safety,” said GLOCK Vice President, Gary Fletcher. “It’s important for us at GLOCK, Inc. to recognize that commitment by supporting the NRA and its affiliate organizations.”

The full release can be read here.

Coming To America

No, not the Eddie Murphy movie but the Swedish ammo maker Norma. The company has a well-deserved reputation for making some of the best ammo to be found. Because I have a love for Swedish Mausers in 6.5×55, I stumbled across their brass a number of years ago. It’s not cheap but very, very good stuff.

From their release:

NORMA USA OPENS US WAREHOUSE FOR DISTRIBUTION

American Market Poised for New Norma Products Specifically Designed for the American Sportsman

March 2012 – Norma, the Swedish manufacturer of superior hunting and target ammunition launched Norma USA in the US market earlier in 2012. Norma USA will be exhibiting at the 2012 National Rifle Association Meetings and Exhibits in St. Louis, Missouri on April 13 through 14 at booth 205 and revealing several new lines of components and ammunition. The new lines of performance ammunition and precision made components are shipping from the new Norma USA warehouse and distribution facility to major US retailers.

Norma USA’s commitment to the US hunting and target shooting market is being supported by an extensive advertising campaign in the National Rifle Association publication “American Hunter,” “Safari,” “Bugle,” “Handloader,” and “Rifle” magazines, and the launch of a new Norma USA website featuring products, support, a ballistics calculator and dealer locator. The new website also features a ballistics testing video and the latest loading data. For more information, visit www.norma-usa.com .

Grass Roots North Carolina Legislative Tactics Seminar

The GRNC Legislative Tactics Seminar will be held in Raleigh, NC on April 14th. The subtitle for this seminar is “Guerrilla Tactics for Gun Rights Warriors.”

GRNC’s annual legislative tactics seminar, taught by GRNC president Paul Valone, will teach you how to better defend your rights. Far beyond the typical “write-your-congressman” approach, the updated and expanded seminar will feature hardball tactics for making politicians and corporations accede to your demands. Learn why citizen groups often fail, and why the political process is not “broken.” As one sage put it: “The legislative process works just fine. It just doesn’t work the way you think it does.”

Following the seminar, GRNC will conduct its meeting of the board of directors, after which attendees are invited to join us for drinks and dinner.

Date: Saturday, April 14, 2012
Location: Rights Watch International office, 2016 Cameron St., Suite 217, Raleigh, NC 27605.

Agenda:
Registration: 8:30 AM
Legislative Tactics Seminar: 9:00 AM until 3:00 PM
Board of Directors Meeting: 3:00 PM until 5:00 PM
GRNC dinner get-together: 6:00 PM until?

Registration: Contact GRNC president Paul Valone at President@GRNC.org. Fee is $50, waived for active or new GRNC volunteers. Demonstrated history of supporting gun rights may be requested.

Given GRNC’s success on gun rights legislation during this session of the General Assembly, I think anyone who attends will learn a lot. Unfortunately, for me, I’ll be in St. Louis at the NRA Annual Meeting. However, if you aren’t going to be at the NRA Annual Meeting and can be in the Raleigh area for this, I’d encourage you to attend.

Hickok45 On The MagLula UpLula

I have a MagLula UpLula and just love it. It really saves your thumbs when trying to load double-stack pistol magazines.

I also have their loaders for the AR-15 and the AK. They will load a mag as fast as you can put the cartridges in it. They also can unload mags just as fast.

Greg Hickok – Hickok45 – just posted a new YouTube video showing how fast and easy it works. Like Greg, I wasn’t sent one by MagLula but love it nonetheless. However, if they want to send me one for the FAL, I wouldn’t turn it down!

H.Res. 612 – For Those Who Thought This Was Just A Police Matter

If you thought the Trayvon Martin case was just a local police matter which would be handled in a court of law, you are so sadly mistaken. It is a political matter now and you have to look no further than House Resolution 612 to get confirmation of that.

From an article in The Hill:

The resolution — sponsored by CBC Chairman Emanuel Cleaver (D-Mo.) and Florida Democratic Reps. Corrine Brown, Alcee Hastings and Frederica Wilson, all members of the CBC — refers to Martin’s killing as a “crime,” condemns “the inconceivable fact that his killer remains free” and claims “racial bias led to the use of deadly force.”

The non-binding resolution also “condemns unfounded reliance on Stand Your Ground laws to protect actions that extend far beyond historical use of self-defense … [and] urges any state legislature considering Stand Your Ground legislation to reject such proposals.”

The text of H.Res. 612 as introduced.

RESOLUTION

Honoring the life of 17-year-old, Trayvon Martin, urging the State of Florida and others to repeal the Stand Your Ground law, and admonishing involved parties to pursue full investigations into all homicides, regardless of defenses asserted by the offender.

Whereas on February 26, 2012, Trayvon Martin, an African-American youth, was horrifically shot and killed while walking from his local 7-Eleven in Sanford, Florida, because he was viewed as `suspicious’ by George Zimmerman;

Whereas Zimmerman, a self-appointed, untrained neighborhood watch volunteer, admitted to police that he shot Martin in the chest;

Whereas Zimmerman raised a `self-defense’ claim and Martin, as the deceased victim, was unable to rebut such claim;

Whereas Zimmerman was never charged for the crime and was released by the Sanford Police Department soon thereafter;

Whereas despite the numerous pieces of evidence, including a 911 call made by Zimmerman, Martin’s final phone conversation which occurred during the course of the crime, the numerous calls made to 911 by nearby neighbors who heard the incident, and Zimmerman’s troubling legal history, the Sanford Police claimed they did not have enough evidence to detain Zimmerman and subsequently released him;

Whereas Zimmerman’s unfounded assumptions and racial bias led to the use of deadly force;

Whereas a month after the crime, Zimmerman remains free and still bears a concealed weapons permit and the legal right to carry a gun;

Whereas Trayvon Martin’s brutal death and the inconceivable fact that his killer remains free should not be ignored;

Whereas the Sanford Police Department and its Chief, who is on temporary administrative leave while the case is being investigated, have faced a firestorm of criticism over the handling of the shooting;

Whereas this case sets a horrific precedent of vigilante justice and compromises the integrity of the legal system;

Whereas the Department of Justice will investigate all facts and circumstances leading to Trayvon Martin’s death and consider Federal criminal prosecution of George Zimmerman based on Federal civil rights statutes;

Whereas over 2,000,000 signatures have been collected on an online petition demanding Zimmerman’s arrest and justice for Martin’s family;

Whereas Florida’s Stand Your Ground law has been criticized by both the legal and law enforcement communities;

Whereas 21 States have passed and implemented Stand Your Ground laws;

Whereas Stand Your Ground laws dramatically and recklessly expand the right of citizens to use deadly force in self-defense, and have been the subject of national scrutiny in the wake of Trayvon Martin’s death;

Whereas the Stand Your Ground laws were drafted by organizations, corporations, and individuals that ignored advice from experts explaining that such laws would compromise public safety, disproportionately impact communities of color, and would result in offenders circumventing prosecution;

Whereas an attempted expansion of the Stand Your Ground laws doctrine has resulted in the collaboration of the National Rifle Association (NRA) and the American Legislative Exchange Council (ALEC), which promotes conservative public policy by affecting change in State legislatures;

Whereas ALEC drafts model legislation for its members to champion and advance in their home States;

Whereas ALEC used Florida’s Stand Your Ground law as a template in its push to broaden the Castle Doctrine nationwide; and

Whereas the 2005 passage of Florida’s Stand Your Ground law resulted in similar statutes being passed in 16 other States: Now, therefore, be it

Resolved, That the House of Representatives–

(1) admonishes any State, local agency, or official acting to obstruct an open investigation or failing to fully execute their official duties in the investigation of the events surrounding the death of Trayvon Martin;

(2) condemns all relevant parties for their roles in proposing Stand Your Ground legislation and similar legislation that compromises public safety and the integrity of the prosecutorial system;

(3) condemns unfounded reliance on Stand Your Ground laws to protect actions that extend far beyond historical use of self-defense;

(4) urges any State legislature considering Stand Your Ground legislation to reject such proposals; and

(5) urges the repeal of the Stand Your Ground law in every applicable State, including Florida.

Unfortunately, George Zimmerman cannot sue Representatives Cleaver, Brown, Hastings, or Wilson for defamation as they have absolute legislative immunity. Moreover, the resolution reads like a bill of attainder which is forbidden by the Constitution.

The Hill reports that members of the Congressional Black Caucus are not done yet with their so-called legislative efforts.

Rep. Sheila Jackson Lee (D-Texas), another CBC member, is crafting a proposal requiring members of Neighborhood Watch groups to be registered before taking to the streets under a watchman’s badge.

And Wilson, who represents the district where Martin lived, is working on legislation to create a national commission “to study race-based injustices, health disparities and economic disparities affecting African-American men and boys,” in the words of the congresswoman.

The commission would be charged with examining racial disparities on topics ranging from crime and incarcerations to education and healthcare, and making policy recommendations to Congress on how to fix any imbalances it finds.

Call me a cynic but none of their efforts are about “Justice for Trayvon™”, improvements to the criminal justice system in Florida, or legal standards for self-defense. Rather this resolution and the bills to follow are about the re-election of Barack Obama. They seek to keep the issue alive and kicking within the African-American community in hopes of generating the same sort of African-American voter turnout in 2012 as occurred in 2008. Without that turnout in battleground states such as North Carolina and Florida, Obama’s re-election becomes more iffy especially given the fragile state of the economy and historically high gasoline prices.

UPDATE: It looks like my instincts, cynical though they may be, are right on the mark about the Trayvon Martin case. Luther Campbell, a record producer and rapper, who blogs as “Uncle Luke” had this to say in his blog in the Miami New Times which was posted about an hour after my original post.

For more than two weeks, tens of thousands of African-Americans have been marching on public streets to demand justice for Trayvon Martin, the 17-year-old Miami Gardens teen killed by Sanford resident and overzealous neighborhood watchman George Zimmerman. The marches have taken place from Los Angeles to Manhattan and from to St. Petersburg to Bayfront Park. They’ve included high school students, housewives, and professional activists. Yet when it comes time to march to the polls on Election Day, African-Americans are nowhere to be found.

We can’t continue taking to the streets to cry about our civil rights being violated when we are not exercising our right to vote. That’s the real injustice. By not voting, African-Americans end up with leaders who don’t respect them as constituents.

Campbell concludes with a call for African-Americans to march to the polls in November.

Instead of taking money to hold self-serving rallies, Al Sharpton and Jesse Jackson should be marching people to their local voter registration offices. The only way to stop injustices such as Trayvon Martin’s killing is to march when it really matters.

And that’s on Election Day.

And They Say We Are Paranoid

Gun rights activists have often been accused of being paranoid when it comes to President Obama and guns. His supporters like to point out that that he signed into law the bill that allowed concealed carry in National Parks. Moreover, they note he hasn’t proposed any new assault weapons (sic) ban or similar gun control measures so our distrust of him must either be racism or paranoia.

I would have to agree with them that he did sign the bill allowing concealed carry in National Parks and that he hasn’t proposed a new AWB. However, the former was signed because it was attached to a bill regulating credit cards that the President wanted and the latter is because he seems to have learned from the experience of Bill Clinton and Al Gore. Gore, you may remember, lost his home state of Tennessee in the 2000 presidential election to George W. Bush in part due to the gun control measures of the Clinton Administration.

It is neither racist nor paranoid to believe that a president who, in an unscripted moment, said that we in the gun culture were bitterly clinging to our guns and religion might seek alternative ways of enacting more gun control. We were given an inkling of that last year when Mr. Obama told Sarah Brady of the Brady Campaign that he would be working on gun control measures “under the radar.”

More confirmation of the president’s mindset came when he asked Russian President Medvedev to be patient on missile defense because he would be able to be more “flexible” after the election. While this “flexibility” depends upon his re-election, the odds are at least 50-50 that he will (unfortunately) serve a second term.

Senator Obama was highly critical of the Bush Administration’s use of signing statements, recess appointments, and executive orders. Since being elected, President Obama has made use of all three in his pursuit of his agenda.

On Friday, the Wall Street Journal had a feature article entitled “Obama Shifts View of Executive Power.” The article notes that despite his campaign pledge to roll back executive power, just the opposite has happened.

The allure of executive power, it turns out, is hard to resist. Most every chief executive has found ways to escape the shackles of the legislature and expand the power of the presidency. Three years into his first term, Mr. Obama has developed his own expansive view of going it alone, asserting new executive powers and challenging members of Congress in both parties.

“He’s using executive orders as a political tool—’I can’t work with this Congress so I’m going to do it myself,'” said Sen. Lindsey Graham (R., S.C.), who has worked with the White House on selective issues.

In the past, most clashes about executive power were about national security and foreign policy. What makes the Obama Administration different is that they are using executive power to push their domestic agenda as well. Moreover, they are not shy about about it.

Today, Mr. Obama’s use of executive power is a central part of a re-election pitch that is trying to draw a contrast with congressional inaction. It even has a catch phrase—”we can’t wait”—and senior White House aides meet about once a week to look for executive actions they can take on their own, officials said. …

But in an interview, White House Counsel Kathy Ruemmler acknowledged Mr. Obama has developed a broader view of executive power since he was a senator. In explaining the shift, she cited the nature of the office.

“Many issues that he deals with are just on him, where the Congress doesn’t bear the burden in the same way,” she said. “Until one experiences that first hand, it is difficult to appreciate fully how you need flexibility in a lot of circumstances.”

Vice President Joe Biden, behind his facade as the court jester of the Obama Administration, has often signaled the administration’s thoughts on an issue. Yesterday, on CBS’s Face the Nation, he gave a solid indication that the Obama Administration might well use the Trayvon Martin case to push gun control.

Mr. Biden, who was chair of the Senate Judiciary Committee for eight years, said that the Martin case underscores the need to ensure public safety in accordance with current gun laws.

“The idea that there’s this overwhelming additional security in the ownership and carrying concealed and deadly weapons… I think it’s the premise, not the constitutional right, but the premise that it makes people safer is one that I’m not so sure of,” Biden said.

As Ben Shapiro said in a critique of Biden’s performance on Breitbart.com,

But that’s been the two-barreled liberal agenda throughout this debate: first, raise the specter of race; second, crack down on guns. The left isn’t all that interested in what happens with George Zimmerman – if they cared, they’d stop tainting the jury pool – but they are interested in making political hay out of the killing. And Joe Biden is just following in his boss’ footsteps.

I don’t think it is paranoia to say I expect moves on gun control legislation if Obama is re-elected. I’m just not sure what we can expect before the election in terms of executive orders and other regulations regarding firearms but let’s just say I’m wary.

22 Months And Counting

This is getting to be something of a broken record – not that I’m complaining. March 2012 marks the 22nd straight month in which the NSSF-adjusted NICS checks (National Instant Criminal Background Check System) has increased when compared to the same period last year.

From the NSSF:

The March 2012 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 1,189,152 is an increase of 20.0 percent over the NSSF-adjusted NICS figure of 990,840 in March 2011. For comparison, the unadjusted March 2012 NICS figure of 1,715,125 reflects a 19.3 percent increase from the unadjusted NICS figure of 1,437,709 in March 2011.

While NICS checks are not a direct correlation with firearm sales, they do give a good indication of the state of the firearms market. NICS checks are used by some states such as Kentucky, Iowa, and Michigan to conduct their concealed carry permit application checks. Moreover, in states such as North Carolina where a Concealed Handgun Permit is a substitute for the NICS check for the purchase of a firearm, you have some underreporting.

March 2012 was the highest month in the last decade with 1.2 million NSSF-adjusted NICS checks. It eclipsed even the then record number checks for March 2009 and March 2011.

The possibility of Obama’s reelection is one factor frequently cited as the motivation behind the increased sales of firearms. While this certainly is a major factor, the increase in the number of women taking responsibility for their own protection as well as the growth in concealed carry has to factor in as well.

With this 22nd continuous increase from prior year periods, I think there is little doubt that we will see that the April and May numbers will mark the 23rd and 24th consecutive months of increases. Josh Horwitz of the Coalition to Stop Gun Violence (sic) can rant and rave all he wants that these figures are meaningless in terms of gun sales and new gun owners. The tide has turned and it is sweeping over him and his hoodie-wearing wannabe staffers just like the tsunami swept over northern Japan.