NRA Calls It A “Victory For Self-Defense”

Just like the Second Amendment Foundation, the NRA is celebrating today’s ruling by the 7th Circuit Court of Appeals. If you will recall, the 7th Circuit combined the appeals of the SAF’s case – Moore v. Madigan – and the NRA’s case – Shepard v. Madigan – into a joint appeal. Plaintiffs’ oral arguments were presented by both Alan Gura and Charles Cooper.

The NRA’s release on the win is below:

Federal Court Strikes down Illinois’ total ban on carrying firearms for self-defense outside the home or business

Fairfax, Va. – The United States Court of Appeals for the Seventh Circuit ruled today that Illinois’ total ban on carrying firearms for self-defense outside the home or business is unconstitutional. The case involves lead plaintiff Mary Shepard, an Illinois resident and a trained gun owner, who is licensed to carry a concealed handgun in both Utah and Florida. The National Rifle Association is funding this case. The Illinois State Rifle Association is a co-plaintiff in this case.

“Today’s ruling is a victory for all law abiding citizens in Illinois and gun owners throughout the country,” said Wayne LaPierre, Executive Vice President of NRA. “The court recognized that the text and history of the Second Amendment guarantee individuals the right to carry firearms outside the home for self-defense and other lawful purposes. In light of this ruling, Mary Shepard and the people of Illinois will finally be able to exercise their Second Amendment rights.”

On September 28, 2009, while working as the treasurer of her church, Ms. Shepard and an 83-year-old co-worker were viciously attacked and beaten by a six-foot-three-inch, 245 pound man with a violent past and a criminal record. Ms. Shepard and her co-worker were lucky to survive, as each of them suffered major injuries to the head, neck and upper body. Ms. Shepard’s injuries required extensive surgeries and she continues physical therapy to this day attempting to recover from her injuries.

In today’s decision, Judge Richard Posner ruled that Illinois’ ban on carriage is unconstitutional. The Judge went on to say, “One doesn’t have to be a historian to realize that a right to keep and bear arms for personal self-defense in the eighteenth century could not rationally have been limited to the home. . . . Twenty-first century Illinois has no hostile Indians. But a Chicagoan is a good deal more likely to be attacked on a sidewalk than in his apartment on the 35th floor.”

“Today’s ruling is a major victory for law-abiding Illinoisans—and for everyone who understands that the Second Amendment protects the right both to keep arms, and to bear arms,” added Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “This ruling makes clear that Illinois cannot deny law-abiding residents the right to carry a firearm for self-defense outside the home. This is a step in the right direction for all gun owners. We know it probably won’t be the end of this case, and we’re ready to keep fighting until the courts fully protect the entire Second Amendment.”

SAF On The Win Today In Chicago

The Second Amendment Foundation released this statement this afternoon concerning their win in the SAF’s case of Moore v. Madigan. As you can imagine, they are very happy.

What isn’t said is that the win in Moore/Shepard now gives them a split on carry between circuits with the 7th coming down on the side of carry while the 2nd Circuit’s ruling on Kachalsky affirmed New York’s Sullivan Law. This is very good as it will make it more likely that the Supreme Court will hear one or another of the Second Amendment carry cases working their way through the courts.

From the SAF’s release:

SAF WINS HUGE VICTORY FOR CARRY IN ILLINOIS

BELLEVUE, WA – The Second Amendment Foundation has won a huge victory for the right to bear arms outside the home, with a ruling in the Seventh Circuit Court of Appeals that declares the right to self-defense is “broader than the right to have a gun in one’s home.”

The case of Moore v. Madigan, with Judge Richards Posner writing for the majority, gives the Illinois legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendmenton the carrying of guns in public.”

“We are very happy with Judge Posner’s majority opinion,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This is a victory for Illinois citizens who have been long denied a right recognized in the other 49 states; to have the means necessary for self-defense outside the home.

“In the broader sense,” he added, “this ruling affirms that the right to keep and bear arms, itself, extends beyond the boundary of one’s front door. This is a huge victory for the Second Amendment.”

“The Second Amendment,” Judge Posner writes, “states in its entirety that a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.’ The right to bear’ as distinct from the right to keep’ arms is unlikely to refer to the home. To speak of bearing’ arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.”

Later, Judge Posner adds, “To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald.”

“That the court will give Illinois lawmakers six months to craft a law allowing carry outside the home recognizes that the right to bear arms means what it says,” Gottlieb concluded. “The ball is now in the Legislature’s court, and we eagerly wait to see how well they can live up to their responsibility.”

ISRA On Today’s 7th Circuit Win

The Illinois State Rifle Association welcomed the ruling by Judge Posner in the joint appeal of Moore v. Madigan and Shepard v. Madigan today. However, they recognize that with the focus shifting to the Illinois General Assembly, it is time to get to work so that a sham carry law isn’t shoved through the legislature by the anti-gun, anti-carry forces.

From ISRA’s Urgent Alert sent earlier this afternoon:

7TH CIRCUIT COURT OF APPEALS DIRECTS ILLINOIS GENERAL ASSEMBLY TO PASS CONCEALED CARRY BILL

BOTTOM LINE UP FRONT:

The 7th Circuit Court of Appeals has rendered a decision in the Shepard/Moore v. Madigan case that states that Illinois’ ban on concealed carry is unconstitutional. The court further directs the legislature to pass a concealed carry bill within 180 days. Although the announcement of this court ruling would appear to be good news for self-defense advocates, it is really nothing more than the first volley in what will be a heated battle to preserve and protect our gun rights. The gun control movement, headed by Illinois Attorney General Lisa Madigan, will be introducing a concealed carry bill of their own for the sole purpose of satisfying the court order. Madigan’s bill is sure to be a sham that will be so restrictive and impractical that only very few Illinois citizens would even qualify for a carry permit – most citizens would remain unprotected from criminals. Information obtained from within the Madigan organization indicates that the anti-gunners will piggyback an “assault weapons” ban and other onerous gun control legislation on the concealed carry bill. In order to prevent Madigan from hijacking concealed carry, Illinois gun owners need to step up and let their voices be heard on this issue.

HERE IS WHAT YOU NEED TO DO TO GET A GOOD CONCEALED CARRY BILL PASSED:

1. Contact your State Representative and State Senator. Politely advise them that you are a law-abiding firearm owner and that you support the court of appeals decision in the Shepard case. Politely advise them that you want them to vote against any sham concealed carry bill that Lisa Madigan will try to push. Politely tell them that you want them to vote for HB 148, the Family and Personal Protection Act. Advise them that you will not support any concealed carry bill that contains provisions that would discourage the average citizen from seeking a carry permit such as exorbitant fees, impossible training requirements, or excessive red tape. Advise them that you will only support a “clean” concealed carry bill that does not try to sneak through gun control schemes. If you do not know who your State Representative and/or State Senator is, please visit the Illinois State Board of Elections website link here.

2. Pass this alert along to your family and friends. Encourage them to contact their representatives as well.

3. Post this alert to any and all internet blogs or bulletin boards to which you may belong.

CCRKBA On Media’s Double Standard

The Citizens Committee for the Right to Keep and Bear Arms issued a release yesterday severely criticizing the media’s double standard when it comes to the NFL. On the one hand, they go all righteous and pro-gun control when Jovan Belcher kills the mother of his child and then himself. On the other, they barely blink an eye when Dallas Cowboy Josh Brent drives intoxicated and kills a fellow Cowboy teammate.

From the CCRKBA:

NEW NFL DEATH SHOWS MEDIA’S DUAL
STANDARD ABOUT GUNS, SAYS CCRKBA

BELLEVUE, WA – After yet another tragic death involving an NFL player over the weekend, there is the appearance of a double standard in media handling of the case, the Citizens Committee for the Right to Keep and Bear Arms said today.

“A week ago,” noted CCRKBA Chairman Alan Gottlieb, “NBC’s Bob Costas was having fits about a so-called ‘gun culture,’ but what about the culture of big money, flashy cars and alcohol that permeats the NFL? Dallas player Jerry Brown is dead from what appears to be a drunken driving crash involving teammate Josh Brent. Brown is no less dead than Javon Belcher or his girlfriend and Brent faces criminal charges. Costas was alarmed at the number of NFL players with guns, but he’s said virtually nothing about the ones who drink and drive.”

Costas ignited a firestorm last week, showing a lack of knowledge about firearms, current laws and the so-called “gun culture” when he editorialized about the Belcher case and then had to do damage control for several days.

“What Bob Costas doesn’t know about guns,” Gottlieb said, “would probably fill a library. His remarks about violent crime, gun owners and semiautomatic firearms demonstrated why the firearms community distrusts mainstream press because many, if not most, of the talking heads don’t know what they’re talking about.

“According to FBI crime data,” he continued, “the number of homicides involving firearms has declined over the past several years. Last year, out of 12,664 homicides, firearms were used in about 8,500 of those crimes, and handguns were used in less than half.

“Compare that to more than 10,000 deaths attributed annually to drunk driving,” Gottlieb said, “yet where is the great discussion about that after Brown’s death?

“Last week, Costas asked who ‘needs’ a semiautomatic firearm,” he added. “Well, who needs to drive drunk? NFL players certainly have enough money to pay for a cab ride, don’t they?

“How many drunks are on the road every weekend following tailgate parties at NFL games,” Gottlieb questioned. “What’s more dangerous, a citizen with a firearm or an NFL player with a bar tab?”

I Don’t Do Just Guns, You Know

I came across this infographic this morning on saving for retirement. I thought with all the discussion about the so-called fiscal cliff and the various plans/schemes to solve the debt crisis it was timely. One of the proposals just so you know is to limit the amount of money that you can save tax-deferred in qualified retirement plans such as 401(k)’s and 403(b)’s.

how much to save for retirement
“How Much to Save for Retirement – Are You Ready?” – An infographic by Money Crashers Personal Finance

Ho Chi Minh Trail

Any student of the Vietnam War knows about the Ho Chi Minh Trail. It was the series of roads, bridges, and supply dumps through which the North Vietnamese Army transported men and supplies from the North to South Vietnam. The majority of the Trail ran through Laos and Cambodia.

Thanks to a link posted on the CRFFL List (aka Cruffler List) I came across a site called Laos GPS Map. It had an extensive photo blog on what the Ho Chi Minh Trail looks like today. I found it extremely interesting and well worth 15 minutes of your time if you have any interest in the history of the Vietnam War.

The Laotian villagers have become quite adept at using the metal scrap found for other purposes. In the picture below they are making a knife from steel remnants found along the Trail.

The author of the site sells a GPS map of Laos that works with Garmin GPS units. It includes unusual places of interest such as old NVA and Pathet Lao SAM sites. I dare say you won’t find those on most GPS maps! It also has the more mundane stuff such as Buddhist temples and the like.

Going Bob Costas One Better

Josh Byrnes, General Manager of the San Diego Padres, is trying to outshine Bob Costas when it comes to making stupid comments about firearms. He is now blaming firearms for the cut that one of pitcher Andrew Cashner suffered to his pitching hand while dressing out a deer with a friend. The cut will keep Cashner out of the lineup for up to six months.

“As a GM, I am concerned,” Byrnes said. “You’re dealing with young guys, and obviously, we can control things on the job, but away from it, we hope they make the right decisions.

“I don’t know if athletes are predisposed to guns or not, but it’s certainly something that concerns you.”

Cashner suffered a lacerated tendon in his right thumb in a hunting accident last week, and underwent surgery Tuesday. He won’t be able to pitch until May or June, Byrnes said.

Cashner, an avid hunter, was accidentally stabbed in the hand by a friend while the pair were dressing meat, trimming the carcass.

The injury may have been the direct result of a knife wound, but realistically, Byrnes said, it was caused because of a hunting trip with guns.

Oh, please!

Has Byrnes never heard of bow hunting?

Or even cutting your hand with a kitchen knife? I doubt that there is anyone of us who hasn’t done that one time or another.

Accident happen. To blame firearms for the cut on Cashner’s hand is just plain hoplophobic stupidity.

Weapons Cache! Arsenal! Assault Rifles! Suspected White Supremacist!

David Laux, 49, of Citrus Heights, California was arrested on Wednesday by detectives with the Sacramento County Sheriff’s Department after they served a search warrant. The warrant was because they suspected him of dealing drugs. According to crime reports, he was charged with possession of a controlled substance for sale and transporting/selling a controlled substance.

SCSD Photo

Looking at the picture you see a somewhat overweight,  middle-aged white guy who needs a shave and who probably got the scrape on his cheek from when he was arrested. You are probably thinking a meth dealer and shades of the TV show Breaking Bad. Ah, but that is before the media and Sgt. Jason Ramos of the Sacramento County SD got a hold of Laux.

From the SCSD’s media release:


Cache of Weapons Seized from Home

A local man was arrested earlier today when an assortment of firearms and ammunition was discovered inside his residence. David Laux, 49, was taken into custody and booked into the Sacramento County Main Jail for multiple weapons-related charges. He is being held on $110,000 bail.

At approximately 9:00 a.m. today, detectives from the Sheriff’s IMPACT Division went to a home in the 8300 block of Fair Way in Citrus Heights to serve a search warrant. The suspect, Laux, was observed driving away from the residence, and was detained without incident, pursuant to service of the warrant. Inside the home, detectives recovered a total of thirteen firearms, including several assault rifles, and over 20,000 rounds of ammunition.

Information and intelligence suggests that Laux is affiliated with an extremist organization that subscribes to an ideology consistent with white supremacist beliefs. Detectives believe there is a likelihood that the weapons may have been supplied to other members of this group, or possibly being sold for profit.

The IMPACT Division, whose primary mission is to combat youth and gang-related violence throughout the Sacramento region and its outlying areas, is composed of personnel from multiple local, state and federal law enforcement agencies. They include the Sheriff’s Department, Rancho Cordova Police Department, Citrus Heights Police Department, Elk Grove Police Department, Galt Police Department, California Highway Patrol, California Department of Corrections and Rehabilitation (Special Services Unit), Alcohol Tobacco and Firearms, and Immigrations & Customs Enforcement.

Sergeant Jason Ramos,
Sheriff’s Spokesman

I guess we will have to wait for the release from Mark Potok and the Southern Poverty Law Center before we find out just what “extremist organization that subscribes to an ideology consistent with white supremacist beliefs” Laux was affiliated with. Is it the KKK, the Aryan Nation, the Democrat Party? No one is saying just who or what.

As to the “weapons cache”, you can see the 13 firearms and ammo as displayed by Sheriff’s Department in this photo by Fox40.

I see two shotguns, an AR-15, an HK-91 (or PTR-91), a lever-action rifle, a 37mm flare gun, 2 pistols, 3 revolvers, and 2 derringers in the picture plus an assortment of magazines and ammo cans. Media reports are calling this “a weapons cache” and “an arsenal”. There is no way of telling from the picture whether or not the AR and the HK-91 have bullet buttons to bring them into compliance with California law. Two semi-auto rifles do not constitute “several assault rifles” in my opinion. God knows what they would be saying if they came by many of our homes.

From CBS Sacramento:


A suspected white supremacist was allegedly stockpiling guns, military style weapons and thousands of rounds of ammo.

Investigators who uncovered the collection believed they were dealing with a drug dealer at first.

That arsenal of weapons included assault rifles, a grenade launcher and 20,000 rounds of ammo. All were allegedly stashed inside the home with his elderly mother living inside.

“I was completely shocked, and especially with what they found there,” said a neighbor, who wished to remain anonymous.

Through a search warrant for his Citrus Heights home, Sacramento County Sheriff’s Regional Gang Task Force first got a tip that David Laux worked as a drug dealer.

“He was just a pretty quiet guy,” the neighbor said.

His neighbors had no idea. Many who found out who they were living next to were too afraid to show their face on camera.

“I feel pretty shocked and a little bit scared considering I have four kids that live in this house, and they were in front of that house all day long on their bikes,” said the neighbor.

Of course the neighbors are shocked. But I’d be more upset that the guy was dealing drugs than that he had a few firearms.

KXTL Fox 40 has this report including a comment from Sgt. Jason Ramos on the arrest.

Much too much for personal use? Is Sgt. Ramos speaking of the amount of ammunition or the number of firearms? Either way I would disagree.

This case seems to me the making the arrest of a small time drug dealer into a big thing merely for publicity purposes. The Sacramento County Sheriff’s Department gets to throw around buzzwords like “assault rifle”, “extremist”, “white supremacist”, and never has to name what, if any, organization that Laux is in cahoots with. The media just laps it up because it fits their own preconceived notions. The Sheriff’s Department will be lauded for taking down this dangerous racist extremist before he could rain death and destruction on those kids riding their bikes in the street with his “grenade launcher” and “assault rifles” and the media gets their story. It’s a win-win for them and a loss for the truth of the matter.

Oh, Noes!

In an anti-gun editorial today in the Herald News of Woodland Park, New Jersey, the editors urge Gov. Chris Christie to unite with governors of other states to make it tougher to purchase firearms. They say it won’t be an easy task as they express their dismay about pro-rights moves by other states.

We realize it’s no easy task. Ohio Gov. John Kasich signed a law last
year to allow people to carry concealed weapons into bars and other
places that serve alcohol, joining Arizona and Tennessee. Gov. Bobby
Jindal of Louisiana signed a law in 2010 allowing guns into houses of
worship. North Dakota, Texas, Maine and a raft of other states allow
employees to bring a gun to work as long as it stays locked in the car.
The Wisconsin Senate now allows members to carry guns on the floor,
while the state Assembly allows guns in the public viewing galleries.

The thought that some states actually recognize that law enforcement can’t be everywhere and realize that responsible citizens should be allowed to provide for their own self-protection is beyond comprehension to them. It shouldn’t be given that they just had a cop in that town indicted yesterday on attempted sexual assault on underage girls but it is.