I know we in the gun rights community have always felt that the owner of this publication did this when he spoke about guns. It is good to know that the graphics artists there feel the same away about him!
I spotted this magazine in my doctor’s office this morning and just couldn’t resist it.
The Second Amendment Foundation has released a statement on their joint lawsuit with the CalGuns Foundation challenging the City and County of San Francisco’s and the City of Oakland’s refusal to return legally owned firearms to persons exonerated of a crime.
BELLEVUE, WA — The Second Amendment Foundation has filed a federal lawsuit against the police departments in San Francisco and Oakland, California for refusing to return firearms to people who had been charged with crimes, but subsequently cleared of any wrongdoing.
SAF is joined in the lawsuit by the Calguns Foundation and two private citizens. The case is known as Churchill, et al. v. Harris, et al.
The police agencies apparently are relying on a state Department of Justice document that requires proof of ownership of each firearm before they are returned. But Don Kilmer, counsel for the plaintiffs, has noted that, “In California, the Evidence Code makes it clear that simple possession is proof of ownership of almost all types of common property, including firearms. The California Department of Justice is misleading police departments in such a way that they violate the rights of gun owners who were investigated and found to have not violated the law.”
“What the police departments are doing is a deliberate theft of personal property, and they know it,” said SAF Executive Vice President Alan Gottlieb. “Our partners at the Calguns Foundation have properly argued that this is inexcusable, and they are right.
“We saw this sort of property theft following Hurricane Katrina,” Gottlieb recalled, “and we took that case to federal court, and won. Government agencies simply cannot seize private property and refuse to give it back by playing bureaucratic games.”
“Law-abiding Californians should not be forced to seek out expensive legal representation just to get back what is rightfully theirs in the first place,” added Calguns Foundation chairman Gene Hoffman.
“This cannot be allowed to continue,” Gottlieb observed. “That’s why we have taken this action, and we expect to prevail.”
Grass Roots North Carolina will be having their annual meeting and dinner this coming Saturday, May 19th, in Greensboro. If you live in the Piedmont area, you should take advantage of this. I bought my ticket last week and I’ll be attending.
Below is the update on this from GRNC:
GRNC dinner will honor Rep. Mark Hilton
With only a few tickets remaining, act now to secure your place at the table for GRNC’s Annual Dinner. This is a very special time as we honor a hero of the gun rights community. Sadly, the Honorable Mark Hilton (R-Catawba, GRNC ****) will not run for re-election in 2012. First elected with GRNC Political Victory Fund support in 1996, Hilton has sponsored legislation for concealed handgun reciprocity, bypassing handgun purchase permits, parks and restaurant carry, Castle Doctrine and far more. He has been instrumental in GRNC’s success in killing scores of gun control bills.GRNC ANNUAL MEETING & DINNER
At its May 19 annual meeting and dinner, GRNC will honor Rep. Hilton with the presentation of a Remington Model 1911 pistol as the organization’s first “Lifetime Freedom Achievement Award” recipient. Please join us in honoring this patriot.
The dinner will immediately follow GRNC’s annual meeting and board of directors election at the Clarion Greensboro Airport Hotel.
Reservations for the dinner are required and available for $37.50 by going to:
https://mobipledge.mobi/GRNC/webpledge/dinner.php
DETAILS
Date: Saturday, May 19, 2012
Time: Annual Meeting: 5:00 PM – 6:30 PM*
Annual Dinner: 6:30 PM – 8:00 PM
Place: Clarion Greensboro Airport Hotel, 415 Swing Road, Greensboro, NC 27409, conveniently located off I-40 at Exit 213.* GRNC voting members will receive proxy cards by mail in the next few days. If you cannot attend the annual meeting, please return the proxy card using the directions on the card.
The Complementary Spouse has two daughters – one in the St. Louis area and the other in the piedmont of North Carolina. In other words, not right next door to us. Thus, we were on our own for Mother’s Day.
After coffee and cake in bed while we attended the Church of CBS Sunday Morning, we finally got moving and headed out to Bear Arms in Brevard. I had scored a couple of Living Social coupons that gave us all day shooting for $5 each. We thought it would be fun way to spend a rainy afternoon.
The Complementary Spouse wanted to try out other 9mm pistols (in addition to her full-size M&P9) and I wanted to shoot my new Ruger SR1911 and my new-to-me EAA Witness in .38 Super. The Witness was a full-size, steel-framed pistol made in 1995 by Tanfoglio and had a tricked-out flat trigger for competition. This would be the first time I had shot either the SR1911 or the Witness.
We started by trading back and forth with my Ruger SR9 and SR9c. The Complementary Spouse is coming along as a shooter and is growing in confidence. She just needs more practice and who of us doesn’t.
I then shot my SR1911 for the first time. I was amazed by how accurate it was. In the picture below, I have circled my first seven shots. It was done at 7 yards. I’m an OK shot but no where near a great shot. I was shocked that I could group it like that.
In addition to shooting the two 9mm pistols, the Complementary Spouse shot both the .38 Super Witness and the .45 SR1911. While she did OK, she really didn’t care for the additional recoil. Both are large pistols which are harder to grip with small hands which I think has much to do with the additional felt recoil.
I ended the range session by shooting the Witness at 10, 15, and 20 yards at a regulation USPSA target. My goal was to take my time, concentrate on the fundamentals (trigger control, breathing, stance, grip, and sight picture), and keep all my shots in the A zone. I succeeded at 10 yards and then it progressively worsened with the additional distance. That said, it was a good exercise and made me concentrate on the basics. It transitioned the range session from plinking to actual practice.
We ended the day out with a quiet dinner at a local cafeteria. Our Mother’s Day wasn’t exciting but definitely was satisfying.
The CalGuns Foundation and the Second Amendment Foundation have filed suit against California Attorney General Kamala Harris, the City and County of San Francisco, and the City of Oakland over their refusal to return lawfully-owned firearms to their rightful owners after an investigation exonerated them. The case, Churchill et al v. Harris et al, is being brought in US District Court for the North District of California. The attorneys in the case are well-known California gun rights lawyers Don Kilmer and Jason Davis.
From the CalGuns Foundations on the suit:
San Carlos, CA (May 9, 2012) – In an important step to secure the rights of California gun owners, The Calguns Foundation, the Second Amendment Foundation, and two individual residents of California have filed a new federal lawsuit in San Francisco. The case, entitled Churchill, et. al. v. Harris, et al., alleges that the police departments of both San Francisco and Oakland are unlawfully refusing to return lawfully-owned firearms to individuals who have had charges dropped after police investigations proved that they had done nothing wrong.
The ongoing seizure of those firearms is a violation of the Second and Fourth Amendments to the Constitution. What’s more, the departments’ refusal to return property after all charges are dropped is theft.
“In California, the Evidence Code makes it clear that simple possession is proof of ownership of almost all types of common property, including firearms,” said Don Kilmer, attorney for the plaintiffs. “The California Department of Justice is misleading police departments in such a way that they violate the rights of gun owners who were investigated and found to not have violated the law.”
The Oakland and San Francisco Police departments appear to be relying on a Department of Justice document that is being attached to the required “Law Enforcement Gun Release”, or LEGR, reports indicating that the requester may lawfully own and possess firearms. The document claims that the requesting person has to provide proof of ownership for every firearm when they go to retrieve their seized property.
According to longstanding California law, every firearm seized during a police investigation must be inventoried; a copy of that list is given to the person from whom firearms are seized. Every law enforcement agency knows which person they took firearms from and what specific firearms were taken.
“It’s hard enough for a law-abiding gun owner to live through the uncertainty and fear caused by a false allegation or arrest, but to have the very people who are trusted and sworn to serve them then steal their property after they’ve been exonerated is inexcusable,” said Calguns Foundation chairman Gene Hoffman. “Law-abiding Californians should not be forced to seek out expensive legal representation just to get back what is rightfully theirs in the first place.”
A copy of the complaint and case filings can be downloaded here. The full docket can be viewed at this link.
Losing is hard for anyone and it seems especially hard for politicians. That is quite understandable as they have just put their heart, soul, and ego on the line with the voters.
How one handles losing and what they say after their loss says a lot about the man or woman. A case in point would be the contrast in concession statements between Sen. Richard Lugar (R-IN) who has served in the Senate for 36 years and Ilario Pantano who lost the Republican nomination for the 7th District of North Carolina. Pantano had been the Republican nominee in 2010 and had a reasonable expectation of winning again.
First, from Lugar’s concession statement on his loss to Indiana State Treasurer Richard Mourdock.
If Mr. Mourdock is elected, I want him to be a good Senator. But that will require him to revise his stated goal of bringing more partisanship to Washington. He and I share many positions, but his embrace of an unrelenting partisan mindset is irreconcilable with my philosophy of governance and my experience of what brings results for Hoosiers in the Senate. In effect, what he has promised in this campaign is reflexive votes for a rejectionist orthodoxy and rigid opposition to the actions and proposals of the other party. His answer to the inevitable roadblocks he will encounter in Congress is merely to campaign for more Republicans who embrace the same partisan outlook. He has pledged his support to groups whose prime mission is to cleanse the Republican party of those who stray from orthodoxy as they see it.
While Lugar did offer his tepid support but then went on to lecture Mourdock and Republicans about bipartisanship, polarization, etc. It comes off as sour grapes and smacks of condescension towards those stupid people that didn’t support him.
By contrast, Ilario Pantano’s statement on his loss to State Senator David Rouzer (R-NC) is the polar opposite to that of Richard Lugar. Pantano offers his support, asks that his supporters rally behind Rouzer, notes that he has made a contribution to him and suggests that his supporters do likewise. He uses the example of Robert E. Lee at the end of the Civil War who could have kept the war going through a guerilla campaign but did not. It should be kept in mind that Pantano won 8 of 12 counties in the district and only lost by 2,800 votes – in other words, a very close race.
As I see it, one politician handled his loss with grace and dignity and the other didn’t. Ilario Pantano is the bigger man for it and Richard Lugar will be remembered as a bitter old man who lost touch with the voters of his home state. Pantano’s full statement is below as I doubt I could find an online link to it.
Wilmington, NC: Friends, David Rouzer is our Republican Nominee for the 7th Congressional District. I support him and I hope you will too.
I ask that you focus on the importance of a strong and unified conservative voice in defeating Barack Obama and I ask that you help David Rouzer in his effort to build a Republican firewall here in SE North Carolina.
We cannot afford the luxury of hurt feelings or disappointment. We were knocked down on May 8, but I ask that you get up and like me, brush yourself off and get back in the fight. Yesterday does not define us. What you, your friends and family choose to do in the coming days will say more about your character than any political victory or defeat ever could.
Look to the example of General Robert E. Lee. It pained him to surrender, but he knew that he must and he knew that America needed him to lead the charge in healing its wounds. Had Lee chosen to engage in partisan guerilla attacks, the war between the states would still be underway today. Instead General Lee chose to do his duty as a Christian gentleman and work for peace in the years after the war. I ask all of you to join me in humbly trying to live a witness of love, compassion and forgiveness for a cause bigger than all of us. Let us make ourselves small so that we can make our faith big. If we can do that, it will be clear that there is only one way forward: Together.
We are in an ideological battle for the soul of our country. If you truly believe that the future of America is at stake, as I do, than you and I cannot afford to delay in supporting David. How we got here or the squabbling of intra-party politics will be of little consequence to your children and grand children as their futures are mortgaged by Obama and his team.My experience on the battlefield has reaffirmed Winston Churchill’s adage: “It’s not enough that we do our best; sometimes we have to do what’s required.” Today what is required is that we defeat Barack Obama and his lieutenant here in SE North Carolina: Mike McIntyre! We must ensure that we have a strong majority of conservative Republicans in the State House, the US Congress and the White House. We must work to ensure David Rouzer is our next congressman, Pat McCrory is our next Governor and Mitt Romney is our next president. The arguments have been made and the verdict has been rendered. Will you join me in putting your country and your duty first? Standing off on the sidelines is not an option, my friends.
Below are links to the Websites for David Rouzer, Pat McCrory and Mitt Romney.
I have just contributed $25 dollars to all of them and I ask that you do too. Put your money where your mouth is, join me and commit to victory in November!
www.DavidRouzer.com
www.PatMccrory.com
www.MittRomney.com
I remain Always Faithful, to God, Corps, and Country.
Your Friend, your servant and your brother in Christ,
Ilario Pantano
The NRA’s challenge to the ban on any form of carry in the state of Illinois, Shepard et al v. Madigan, will come before the 7th Circuit Court of Appeals for oral arguments on Friday, June 8th in Chicago. The Illinois State Rifle Association is a party to this suit.
At the same time, the Court of Appeals will also hear the Second Amendment Foundation’s case, Moore et al v. Madigan. Illinois Carry, SAF, and a number of other individual plaintiffs are party to this suit.
A motion had been made to consolidate the cases by attorneys for the State of Illinois and was denied on April 26th. Judge Frank Esterbrook ordered:
IT IS ORDERED that the motions to consolidate are DENIED. Appellees do not need a formal order of consolidation in order to file one brief addressing two appeals. They may file one brief, or two, at their option.
IT IS FURTHER ORDERED that the motion for an extension of time is GRANTED, but only until May 9, 2012 (in both appeals). This should allow enough time to prepare a single brief covering the two cases. Appellees previously told the court that the two suits are functionally identical. There is accordingly no need for time beyond the 30-day extension already granted, and this one-week increment.
The court’s last regular sitting of the current term is June 8, 2012. If the court were to delay the appellees’ briefs until June 1 or June 11 (the alternate dates appellees propose), that would postpone oral argument until next September, an unnecessary delay. Appellees must file their brief (or briefs) in both cases by May 9, and appellants their reply briefs by May 23. That will permit oral argument the last week of May or the first full week of June.
The lead attorney for the plaintiff-appellants in the Shepard case is Charles Cooper of Cooper and Kirk. Mr. Cooper has been handling much of the NRA’s appeal work and formerly was an Assistant Attorney General in the Reagan Administration.
David Sigale, co-counsel in both the McDonald and Ezell cases, is listed as the counsel of record in the Moore case. However, I expect Alan Gura to present the oral arguments as there was a notation in the docket of his schedule and he is listed as an attorney in the case.
UPDATE: P.T. had a question below about the three judges who will hear the case and whether they had been announced. I asked David Sigale if he knew who they would be. His response is below:
John, my understanding is that the Judges get picked for the panel not long before the argument. In any event, the litigants only find out who is on the panel when they show up that morning.
Despite not being able to pass a budget in three years, some stuff still does get done in the US Senate. Yesterday, the Senate passed by unanimous consent and without any amendments HR 2668 – the Brian A. Terry Memorial Act. This act will rename the Border Patrol station in Bisbee, AZ, the Brian A. Terry Border Patrol Station, in memory of the fallen Border Patrol agent.
The bill was sponsored by Rep. Darrell Issa (R-CA) who had this to say on the Senate’s action:
“All of Washington mourned with the Terry family when Border Patrol Agent Brian Terry gave his life in the line of duty in 2010. Today we stand just as unified for the purpose of honoring and preserving his legacy.
“The unanimous support with which the Brian A. Terry Memorial Act passed the United States Senate is a tribute to Agent Terry’s career of service to our country and to the Border Patrol’s distinguished history of intrepidity and sacrifice for the sake of homeland security.
“We recognize that Agent Terry’s untimely passing is a tragedy that never should have happened. And while we continue to pursue answers regarding the circumstances surrounding his death, we resolve that his example of bravery and sacrifice will never be forgotten – especially in the city of Bisbee, AZ where he served.”
In his Gun Rights Examiner column today, David Codrea speculates that the bill’s passage may create a political dilemma for President Obama.
“When the bill reaches Obama’s desk, I expect him to invite Brian Terry’s family to the signing,” Katie Pavlich of Townhall.com writes.
That creates an interesting dilemma for the President, particularly because of Terry’s mother calling his Attorney General Eric Holder a “coward” and a “joke,” and especially since the slain agent’s parents filed a lawsuit against the Justice Department and ATF that “seeks $25 million dollars in compensation for Terry’s death.”
David wonders among other things if the White House indeed will invite the Terry family to the signing ceremony or will the lawsuit be used as a reason to just quietly sign the bill without press or family there.
While State Treasurer Richard Mourdock’s win in the Indiana Republican primary over Sen. Richard Lugar (R-IN) was not unexpected given recent polls, it was welcome. As Sebastian notes, he was a guy “who didn’t even think enough of the Second Amendment to sign on to the Heller brief.”
However, interesting as Mourdock’s win and Lugar’s loss is, that isn’t the most interesting thing that came out of Indiana yesterday. Rep. Joe Donnelly (D-IN) who will be facing Mourdock in the general election became the first Democrat to support the House Oversight and Government Reform Committee’s efforts to get Attorney General Eric Holder to comply with their subpoena. In an interview with The Daily Caller, Donnelly had this to say.
Indiana Democratic Rep. Joe Donnelly told The Daily Caller on Tuesday that he supports the House oversight committee’s efforts to enforce the congressional subpoena of Attorney General Eric Holder over Operation Fast and Furious.
“One of the duties of Congress is to provide oversight of the Executive Branch,” Donnelly told TheDC. “There has been a serious allegation of federal law enforcement misconduct and we need to get to the bottom of this issue without playing partisan politics.”
Donnelly was one of 31 Democrats who sent a joint letter to President Obama in June 2011 asking that he direct Holder to comply with the Oversight Committee’s request for documents on Operation Fast and Furious.
Regardless of who wins the race between Mourdock and Donnelly, the people of Indiana will be getting a new senator who believes in their Second Amendment rights.
Crimson Trace has just released their Lightguard weapon-mounted light for 1911s that don’t have accessory rails. At this time, it is only for 1911s from either Kimber or Smith & Wesson.
Here are the details from Crimson Trace:
Crimson Trace today announced the release of their eagerly-anticipated addition to their Lightguard™ platform for Kimber and S&W 1911 pattern pistols. The new weapon mounted light features an incredible 130 lumen output and the patented instinctive activation that made Crimson Trace the industry leader in laser sighting systems – simply hold the pistol in a normal firing grip to activate the light, with no additional buttons or switches to press. Available through their regular dealer network or from crimsontrace.com, the unit will retail at an MSRP of $199.
Whereas previously, 1911 owners would have required the services of a gunsmith to install a light on their non-railed pistols, the new 1911 Lightguard requires no gunsmithing and fits seamlessly over the trigger guard for snag-free operation. Operating on one, easily sourced CR2 lithium battery (included), the unit boasts an impressive 2 hour run time. With its narrow profile the Lightguard extends no wider than the slide, or longer than the dust cover on compact guns, holstering is a non-issue.
“Although the 1911 is justifiably the most popular handgun in the USA, it’s always lacked the ability to easily mount a light and, if you did, the options were large, encumbering choices that detract from both the function and look that 1911 fans crave,” said Kent Thomas, Director of Marketing for Crimson Trace. “Now, 1911 owners can take advantage of this life-saving self defense tool without permanently altering their guns in a slim, intelligent and highly functional way that befits the classic and trusted 1911 frame.” As an added bonus, the engineers at Crimson Trace designed the Lightguard to be fully compatible with their existing Lasergrips® including the hugely popular Master Series™ line.
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