Just Like Clockwork

It didn’t take long for the Chicago Sun-Times to call upon Illinois Attorney General Lisa Madigan to appeal the 7th Circuit Court of Appeals ruling in the joint cases of Moore v. Madigan and Shepard v. Madigan.

In their lead editorial today entitled “Madigan should appeal gun ruling”, the Sun-Times opines:

Illinois’ status as the only state that does not allow the carrying of concealed loaded guns was threatened Tuesday when a federal appeals court gave the state 180 days to change its law.

But that doesn’t mean Illinois should immediately allow anyone who feels like it to start toting a pistol.

Illinois Attorney General Lisa Madigan, who said Tuesday that she is reviewing her options, should appeal the overbroad ruling by the 7th Circuit Court of Appeals. And if the courts won’t extend the deadline while considering the appeal, the Legislature will have to craft a law that meets the court’s standards while providing as many protections as possible for citizens who don’t carry guns.

The Legislature might even be able to find a way to continue banning concealed carry while rewriting the law to satisfy the appeals court, which said the current law doesn’t rest on sufficient justification. Short of that, the Legislature could consider a narrowly crafted law, such as that in New York, which has concealed carry in theory but does not grant many permits.

Reading the full editorial, one can’t help but get the feeling that the editors of the Sun-Times are the residents of the 35th floor of the Park Tower of whom Judge Posner said had less need for concealed carry than people living in rough neighborhoods.

Frankly, I hope Ms. Madigan does pull an “Adrian Fenty” and appeal the ruling. Without the hubris of former Washington, DC Mayor Adrian Fenty, we would never have had the Heller decision confirming the Second Amendment protects an individual right. Likewise, without cases like this one being appealed, we will never get a decision from the Supreme Court on the right to carry outside the home.

Every Picture Tells A Story, Part Two (Repost)

The gun prohibitionists are already saying that blood will run in the streets when the Illinois General Assembly crafts some form of concealed carry legislation in accordance with today’s ruling by Judge Richard Posner of the 7th Circuit Court of Appeals.

“As the dissenting opinion points out, the two judges who threw out
Illinois’ law did not take account of the danger to the public from
stray bullets, and they ignored the Illinois legislature’s determination
that carrying weapons has been shown to escalate violence,” said Lee
Goodman, an organizer with the Stop Concealed Carry Coalition.

If Lee had taken the time to examine the graphic below, he would see that there is no positive correlation between less-restrictive (legal) carry (shall issue and constitutional issue) and increased violent crime. Let’s face it – Chicago already has concealed carry by thugs and criminals. The only ones prohibited from protecting themselves are honest, law-abiding citizens.

This was originally posted on Dec. 21, 2011.

In October, I posted a graphic developed by Rob Vance that showed the progress in the growth of firearms carry rights from 1986 through 2011 as a percentage of the U.S. population. In 1986, 90% of the U.S. population lived in states that severely restricted carry rights or had none at all. Today, over two-thirds of Americans live in states with either shall-issue carry or constitutional carry. The conclusion was that shall-issue is the new norm.

Recently, the FBI released its Uniform Crime Reports statistics. Rob generated a new graph plotting these violent crime rates against the growth of less-restrictive firearm carry rights over the period of 1986 through 2011.

The data used to generate this graph is available here in Google documents. As I said in the original post, unlike the gun prohibitionists, we publish our data for the world to see. The data used comes from three sources: the FBI Uniform Crime Reports, the U.S. Census, and www.gun-nuttery.com/rtc.php which tracked the changes in carry laws over time.

Rob had the following conclusions after examining the data:

Violent crime is a complex issue, but national data is clear that there is no positive correlation between liberalized concealed carry laws and increased violent crime.

The “blood in the streets” or “Wild West” scenarios just don’t play out. To be fair, state level data is highly variable, so some caution needs to be exercised in drawing conclusions.

Rob is very explicit that there is no positive correlation between violent crime and liberalized carry laws rather than a proven negative correlation. He feels that it will take more rigorous statistical analysis before this negative correlation could be said to be proven.

The results here are reinforced by the study done by Linoge at Walls of the City which compared violent crime rates and firearm ownership. In that study, Linoge did find a relatively strong negative (-0.605) correlation between violent crime and firearm ownership.
 
While violent crime did not go down as sharply as the progress in carry rights rose, one thing that needs to be kept in mind is that while shall-issue may be the new norm that right is not extended to all locations. Bars, restaurants, government buildings, post offices, and many parks are still off-limits to concealed carry. I think this will become the next battleground for concealed carry. Interestingly enough, restrictive states like California actually have fewer restrictions on where one may carry.

As an example of the battle for fewer restricted locations, one need look no further than here in North Carolina. This session of the General Assembly changed the law concerning concealed carry in state, municipal, and county parks. It is now allowed everywhere with the exception of a local opt-out for “recreational facilities”. As might be expected, some locales are trying to push the limit on what is considered a recreation facility far beyond what was intended by the General Assembly.

Shall-issue may be the new norm but the fight will continue.

NOTE: If you click on the graphic, you can view it in its full original size.

Every Picture Tells A Story (Repost)

This was originally posted on October 6, 2011. In honor of the 7th Circuit’s ruling in Shepard v. Madigan and Moore v. Madigan, I thought it would be useful to repost it. Sometime in the next 180 days or less, the percentage of US citizens in the “red zone” will decrease. This assumes, of course, that the State of Illinois does not appeal this ruling. Now it is up to the citizens of Illinois and their elected representatives as to whether or not they move to the yellow zone or the green zone. Here’s hoping for the green zone.

I have some of the best readers in the world. One such reader is Rob Vance of California. He works in the software industry and must analyze data on a regular basis. The graphic below is as a result of his sitting down and examining U.S. Census data alongside a state’s policy on discrete or concealed carry of firearms.

The data used to generate this graphic is available here in Google Documents. Unlike the gun prohibitionists, we publish our data for the world to see. With regard to the data and methodology, Rob had this to say:

The graph maps the change in the legal status of concealed carry permits by state over time based on data found at www.gun-nuttery.com/rtc.php and the US Census Bureau (percentage of total US population by state). Classification of carry rights status was divided into four groups 1) Unrestricted 2) Shall issue 3) May issue and 4) No issue.

A couple of things about the graph and the supporting data. For population values, I used census data. 1980 -> 2010. The annual values (percent of total population by state) are rolled forward – e.g. 1980 census for years 1980- 1989, and so on. With respect to the rounding error the effect of total error is limited to a couple of tenths of a percent.

If you examine the spreadsheet with the data values you will see that a may-issue state like Hawaii is classified as a No-issue state. While you could argue that Hawaii should be listed as may-issue or conversely a state like New Jersey should also be added to the No-issue list, it doesn’t change the trends shown.

As to the conclusions that you can draw from this graph and the data, Rob had this to say:

1) In the early 1980s 90% of Americans lived in states that actively suppressed self-defense rights by severely limiting concealed carry of firearms by citizens.

2) By 2010, 2/3’s of Americans lived in states where law abiding citizens could conceal carry if they met minimal standards, and in some states (4 by 2011) needed NO state permission at all to concealed carry. A total of 41 states are now shall-issue or have unrestricted concealed carry status.

3) Few states moved from no issue to may issue. Rather when states made policy changes, they made the jump from no-issue to shall-issue all at once (again, with a couple of exceptions).

4) 30% of the citizens in the US STILL live under state governments that are hostile to the interests of their citizens in self-defense as measured by access to shall-issue (or unrestricted) concealed carry.

5) We’re down to the hard cases now – states where politicians are deeply invested in denying armed self-defense to otherwise law abiding citizens. California, Illinois and New York are where the population numbers are in terms of resistance to 2nd Amendment rights (and yes, there are a few others like New Jersey, Massachusetts, Hawaii, etc.).

If I may add a couple of other things, I’d say that shall-issue is the new norm in 2011 as opposed to no-issue or severely restricted may-issue back in 1986. The other thing I would add is that the experience with shall-issue concealed carry in the early adopting states like Florida paved the way for its adoption elsewhere. That is, people applying for concealed carry licenses are law-abiding citizens who have taken the responsibility seriously. Unlike what the Violence Policy Center would have you believe, the streets are not running with blood nor have they.

I would like to thank Rob for taking the time and making the effort to put his together. It is great research and his efforts are much appreciated.

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.