Archive for Second Amendment Issues
Chicago hates poor people…
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Have you looked over the Chicago PD’s list of handguns that are deemed “unsafe?” Any firearm on this list will not be allowed (legally) in the city. And, as you might imagine, some of those guns considered unsafe are real head-scratchers.
Now, I totally disagree with the government deciding which guns are “safe” for me to own and use, but at least a few of them I can strain, and kind of see the logic. For example, anything without a trigger guard seems to be eliminated from consideration. This disallowed includes the modern NAA minis to the rather ancient Smith & Wesson Model 1. Like I said, I totally disagree with the ban, but I can at least see how someone would assume a lack of trigger guard would mean the gun is unsafe.
But, I saw two other things on the list.
McDonald v. Chicago: A Unique Perspective?
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The McDonald v. Chicago decision was released on Monday. I purposely avoided the news and other blogs so I could read the entire opinion with a fresh and open mind. And, that is how I have written this look at McDonald.
I’m sure most of the other gun blogs have gotten basics of the story right: McDonald incorporates the Second Amendment and Heller to the states via the due process clause, the gun bans in Chicago and Oak Park are illegal, and the decision was a 5-4 split. But there are some other interesting aspects of this case that I will explore, and I hope this will provide a different perspective.
McDonald v. Chicago: VICTORY!
Posted by: | CommentsThe US Supreme Court released their opinion in the highly anticipated McDonald v. Chicago case today favoring gun owners. In other words, the Second Amendment has been incorporated and applies to the states as well as the federal government.
More analysis to follow.
Looks Like Monday
Posted by: | CommentsNothing from the Supreme Court on McDonald today. It looks like Monday morning will be the big announcement. Stay tuned!
Supreme Court’s McDonald Opinion Due Soon
Posted by: | CommentsThe US Supreme Court is moving toward recess, and is likely to release the McDonald opinion just ahead of that recess. Based on what I’m hearing, I expect a decision Thursday, though we may see it the following Monday. Regardless of when it comes, it is a big one. Let’s hope they did the right thing.
S&W Gets It Right!
Posted by: | CommentsI’m glad to see that Smith & Wesson is correctly naming new pistols made as “standard capacity” and “low capacity.” Too many times we have allowed the banning crowd to control the language. I’m very happy that S&W is helping reclaim the language.
They Oppose Other Amendments Too…
Posted by: | CommentsSupporting my theory that gun control groups are all about “control” not “guns,” Paul Helmke, leader of the infamous Brady Campaign to Prevent Gun Violence, showed his disdain for other parts of the U.S. Constitution this week. Helmke said:
“When the NRA’s agenda means saying even if you’re on the terror watch list, and the Justice Department feels that you’re a danger, you should be able to buy a gun, it’s an indication to me that they’ve gone too far.”
So according to Helmke, the Constitutionally-guaranteed right to due process doesn’t apply if some nameless bureaucrat drops you onto a “watch list” or otherwise “feels” you are a danger.
If I may point out, the Fifth Amendment of the U.S. Constitution states, in part, “…nor be deprived of life, liberty, or property, without due process of law…”
Its all about control folks. Guns are just one of the attack vectors.
SCOTUS to Take Up Incorporation
Posted by: | CommentsThe Supreme Court of the United States (SCOTUS) has granted cercerori (agreed to hear) to the McDonald v. Chicago case. This means the SCOTUS will rule on the Second Amendment’s supremacy to state and local laws. This is an important step in restoring many American’s right to own firearms and to self defense.
2009 Firearms Law & The Second Amendment Symposium
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The 2009 “Firearms Law & The Second Amendment Symposium” will be held on Saturday, September 12, at Northwestern University Law School, in Chicago, Illinois. This event will be hosted by The NRA Foundation and the Northwestern University chapter of the Federalist Society.
Capitalizing on recent developments in our nation’s federal courts regarding the Second Amendment, panelists will discuss and debate current Second Amendment scholarship and related issues. Featured panelists at this year’s event will include scholars on the Second Amendment such as Professors Nelson Lund and Michael O’Shea, and other scholars including Clayton Cramer, David Kopel, and others. Read More→
Americans Support Right-to-Carry
Posted by: | CommentsAccording to a recent Zogby poll, 83% of Americans support Right to Carry laws. I am guessing that you didn’t see that reported in your local paper or on the national news. I did not, but maybe I just missed it.
When asked “Currently, 39 states have laws that allow residents to carry firearms to protect themselves, only if they pass a background check and pay a fee to cover administrative costs. Most of those states also require applicants to have firearms safety training. Do you support or oppose this law?”, 83% responded they support these laws, while only 11% indicated they opposed them.
Of course, that kind of common sense thinking has no place in the media. Instead, the media preferred to report on the defeat of the Thune-Vitter amendment, an amendment that received a majority vote in favor of it, but failed to pass the “super majority” required by Senate Democrats. Read More→
SB-2099: The Truth About The “Gun Tax Bill”
Posted by: | CommentsI didn’t know this old rumor was still going ’round. From the NRA-ILA:
Over the past few months, NRA-ILA has received hundreds of e-mails warning us about “SB-2099,” a bill that would supposedly require you to report all your guns on your income tax return every April 15.
Like many rumors, there’s just a grain of truth to this one. Read More→
ATF Moves Against Gun Owners on Mexico Border
Posted by: | CommentsThe Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE or ATF) have begun showing up on the door step of lawful gun owners in the southwest border states, asking to see their guns, record the serial numbers, and explain why they have bought the guns, according to information received by the NRA.
Michael Bane reported hearing the same kinds of stories from his listeners on his June 24 podcast. Read More→
