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Quote Of The Day

April 6, 2012 by 3 Comments

Here in western North Carolina, the hippies, Yankees, and vegans have turned organic grocery stores like EarthFare, Greenlife, and the French Broad River Co-op into shrines for politically correct food. The next time I’m tempted to go shopping at one of these places I’ll remember these wise words from Tam.

People browse the organic breakfast food shelves for the muesli that tastes most like authentic sawmill floor sweepings, because that’s how you know it’s good for you. It’s not food, it’s a hair shirt you eat. When you’re doing penance for not going jogging this morning or for having that extra martini last night, it’s not supposed to taste good.

I’ll leave the hair shirts to the long dead saints and mystics.

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HR 4269 – A Bill Concerning Interstate Travel With Firearms And Ammunition

April 6, 2012 by 4 Comments

Last week, HR 4269 was introduced by Rep. Morgan Griffith (R-VA) along with co-sponsors Rep. Bill Owens (D-NY) and Rep. Ted Poe (R-TX). The bill’s purpose is to “more comprehensively address the interstate transportation of firearms or ammunition.” The bill would clarify and strengthen the rights of a traveler to transport firearms and ammunition from one place to another so long as it was legal at the starting and ending place of the trip.

This bill would not have prevented the arrest of Tennessee med student Meredith Graves or former Marine Ryan Jerome. However, it would have prevented the arrest of Tea Party leader Mark Meckler who was arrested while in transit at New York City’s LaGuardia Airport.

This is a bipartisan bill that needs to move forward to prevent further abuses by anti-gun cities like Chicago and New York. The one thing I really like about the bill is that it awards attorney’s fees to the traveler as well as giving him or her a cause for action in civil court.

The text of the bill is below:

A BILL

To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

(a) In General- Section 926A of title 18, United States Code, is amended to read as follows:

`Sec. 926A. Interstate transportation of firearms or ammunition

`(a) Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof:

`(1) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and–

`(A) if the transportation is by motor vehicle, the firearm is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or

`(B) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device.

`(2) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation, the ammunition is not loaded into a firearm, and–

`(A) if the transportation is by motor vehicle, the ammunition is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or

`(B) if the transportation is by other means, the ammunition is in a locked container.

`(b) In subsection (a), the term `transport’ includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation–

`(1) with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or

`(2) with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation.

`(c)(1) A person who is transporting a firearm or ammunition may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms, unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a).

`(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a).

`(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.
`(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief.
`(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.’.

(b) Clerical Amendment- The table of sections for such chapter is amended in the item relating to section 926A by striking `firearms’ and inserting `firearms or ammunition’.

UPDATE: The NRA-ILA included this bill in their alerts for Friday. The text of it is here. They are in full support of this bill.

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Keep In Your Thoughts And Prayers

April 6, 2012 by 1 Comment

During this Holy Week I’d ask that you keep in your thoughts and prayers two gun bloggers who have made very important contributions over the years.

First, Dave Hardy who was just released from the hospital on Wednesday.

Released from the hospital yesterday afternoon, still rather weak. Last night I got a sound sleep, but the night before got only an hour or so. The usual hospital noises, awakenings for blood draws and vital checks, plus a special disturbance…. patients in the next room over who listened to the TV or talked loudly until 2 AM, and thereafter faked moans of pain and begged for help. They stopped the moans of pain after another patient mocked them by groaning in chorus. I don’t know if they were drunk, had mental problems, or were just jackasses.

Doc said he was initially concerned that I was going septic, but that had been avoided.

All I have left is exhaustion, some aches from sleeping on that bed, and some bruising where the IV went in and more where I got all the blood sticks in the other arm. I even got four injections to the belly; I’d only heard of those for rabies (and that might be history, or a legend).

Secondly, Mike Vanderboegh who just had major surgery has been readmitted to the hospital to deal with what has now been diagnosed as an abcess.

Woke up 0230 with stabbing pain in my left side just under the rib cage, like somebody was taking a Sykes-Fairbairn dagger and probing for my lung. Called Doc and he, like me, feared a pulmonary embolus. Made it into the ER in record time. CAT scan on lungs said no, praise the Lord. Further tests revealed that something is leaking internally, with probable infection. They stuck another drain in me and here I am sitting in Room 539 back at Trinity Montclair. Keep me in your prayers.

I’d also ask that you remember the family of Newbius whose funeral was this past Wednesday. Losing a father and husband is always hard.

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NRA-ILA On Wilson V. Cook County

April 6, 2012 by 2 Comments

The NRA-ILA released this statement on today’s unanimous ruling by the Illinois Supreme Court that reversed in part an Illinois appellate court ruling on the Cook County Blair Holt Assault Weapons Ban and remanded it back to the trial court level.

Fairfax, Va. – Today, the Illinois Supreme Court unanimously denied an attempt by Cook County, Ill., to dismiss a challenge to the county’s California-style ban on countless types of common semi-automatic firearms. The National Rifle Association supported the case brought by the NRA’s state affiliate, the Illinois State Rifle Association.

“We are very pleased with this ruling,” said Chris W. Cox, executive director of the National Rifle Association’s Institute for Legislative Action. “Today’s decision makes clear that the lower courts shouldn’t take challenges to these laws lightly and that plaintiffs deserve a full opportunity for their evidence to be heard.”

In today’s decision, the court reversed a lower appellate court’s ruling that upheld the ban merely because it was supposedly similar to bans that had been upheld elsewhere. But of the three cases cited by the lower court, two relied on “facts” provided in legislative findings and testimony by anti-gun legislators and gun ban lobbyists; the third involved a challenge to federal regulation of fully automatic machine guns, rather than semi-automatic firearms.

Adopting a much more rigorous approach, the Illinois Supreme Court found it couldn’t say the guns banned by Cook County “categorically fall outside the scope of the rights protected by the [Second Amendment].” Therefore, the case will be returned to the trial court for more fact-finding.

Key to the final outcome will be evidence that the guns in question are “in common use” and “typically possessed by law-abiding citizens for lawful purposes,” which are the standards that the U.S. Supreme Court suggested would determine whether a particular type of “arm” falls within the Second Amendment’s protections.

On that issue, the numbers are overwhelming. Based on production statistics published by the Bureau of Alcohol, Tobacco, Firearms and Explosives, about 3.1 million AR-15 rifles have been made just since 1986, and AR-15s alone made up 4.3 percent of all firearms and 13.3 percent of all rifles sold in the U.S. from 2007 to 2010. The AR-15, of course, is just one of the many firearms banned in Cook County. These figures go to show that Cook County hasn’t just banned “common” guns; it has banned the most popular rifles of our time, used by countless law-abiding Americans for every kind of lawful purpose.

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A Bit Of Honesty From The Times

April 6, 2012 by 3 Comments

The New York Times, or as SayUncle appropriately calls it, the paper of making things up, let slip a little bit of honesty today. In the midst of a column opining that if we could just agree on “reasonable gun regulation” the National Rifle Association would cease to exist, Andrew Rosenthal had this to say:

The question of the constitutional right to own guns is irrelevant here—even if you believe that the Constitution gives every last American the right to own a firearm (which The Times editorial board does not, but many other reasonable people do).

The rest of the column was your usual litany of complaints about concealed carry, the Tiahrt Amendment, and the lack of restrictions on the number of firearms we are allowed to purchase. In other words, just a rewritten press release from the likes of MAIG or the Brady Campaign.

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Wilson V. Cook County – A Partial Win

April 5, 2012 by 2 Comments

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!

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SAF Files Suit Against Housing Authority In Illinois

April 5, 2012 by 2 Comments

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.”

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A Good Start To The Month

April 4, 2012 by 1 Comment

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.

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Oh, Those Evil Gun Companies And The Evil NRA

April 4, 2012 by 2 Comments

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.

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Coming To America

April 4, 2012 by

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 .