Coming Soon, to the Supreme Court: ... The court also is considering whether to hear several other cases with broad implications, such as whether the Second Amendment right to self-defense, which the court first identified last year, limits state weapons regulations. The 2008 decision, a 5-4 vote, split along ideological lines. The court's five conservatives voted together in that case and have begun paring back liberal precedents in others. But they have often failed to agree on the reasoning behind shared outcomes, issuing separate concurring opinions that differ in scope and stop short of fully overruling prior decisions the four liberals fought to preserve. Some legal observers think the conservative majority may be ready to move more forcefully. "I'm hopeful that the chief justice will demonstrate a willingness to overturn wrong precedent when the occasion for reconsidering the precedent is ripe," says Ed Whelan, president of the conservative Ethics and Public Policy Center and a former clerk for Justice Antonin Scalia... http://online.wsj.com/article/SB125417630049247539.html?mod=WSJ_hpp_RIGHTTopCarousel The "Chicago Gun Cases" are now pending in the Supreme Court, which should vote on September 29 whether to hear them or not. In the meantime, yet another case is slowly moving in the same direction. Like the Chicago cases, the main issue is whether the 2nd Amendment applies to the States via the 14th Amendment. Nordyke v. King challenges an Alameda County, California, regulation forbidding carrying of firearms on county property, a rule that was aimed at barring gun shows from the county fairground. Gun show organizers filed suit in 1999 - yes, the case has bounced from one court to another for a full decade! It finally arrived in the 9th Circuit Court of Appeals, which covers the far west and has historically been anti-gun... The en banc hearing was held on September 24. Based on past votes, of the 11 judges, four or five were pro-gun, two were antigun, and 4-5 were unknown. Nordyke's counsel, Don Kilmer, thought that two of the unknowns seemed favorable during the argument. Few of the questions were hostile to the core issue of applying the 2nd Amendment to the States - most concerned whether gun shows could be held elsewhere, or similar minutae. Five hours later, the Ninth Circuit announced that it would hold the case, without ruling, until the Supreme Court disposed of the Chicago gun cases. The Circuit saw no reason to stick its neck out, guess what the Supreme Court will think and get its decision reversed if it guesses wrong. If the Supreme Court takes the Chicago cases, the Ninth Circuit will wait for the results before ruling. If it declines the Chicago cases, the 9th Circuit will have to rule (don't hold your breath: en banc rulings usually take many months), and once it does, the issue may have a second shot at the Supreme Court. http://www.ammoland.com/2009/09/28/nordyke-another-right-to-arms-case/ --- The Man Who "Saved the Second Amendment": ...In 2007, Judge Laurence Silberman, senior judge on the U.S. Court of Appeals for the District of Columbia, wrote a decision overturning the District of Columbia's ban on handguns. The following year, the Supreme Court agreed with him... To watch Judge Silberman explain his reasoning in the most important Second Amendment decision in at least seven decades, click here... (Note that this is a five-part set of video clips; as of today, only the first two are posted.) http://tv.nationalreview.com/uncommonknowledge/ --- GRPC a Big Success: The 24th Annual Gun Rights Policy Conference, "Challenges Ahead," wrapped up this weekend, and was jam packed with good information for pro-gun activists across the country. While we are faced with a multitude of challenges from the economy and an anti-gun administration, there is plenty of hope for the future if we're willing to work for it. Alan Gottlieb, the architect of the Conference who is also founder of the Second Amendment Foundation and chairman of the Citizens Committee for the Right to Keep and Bear Arms, was joined by top activists from around the country to present on such topics as federal affairs, international treaties, state legislation, and judicial precedents. One of the priorities this year will be to continue to work towards national reciprocity of concealed carry licenses. This would mean that a license or permit issued by a state would be valid in all the others. There will also be efforts to reform taxing for the firearms industry, work to expand gun rights for college students, continuing efforts to preserve knife rights, and of course we must always remain vigilant in defending our rights at all levels... http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d28-Gun-Rights-Policy-Conference-a-big-success --- RKBA Activists Being Featured: In late July I was contacted by Max Lemus, a young man traveling the country making a documentary about "gun control," working title "Not Without a Fight." He is recording interviews with selected activists involved in the gun rights struggle. Long story short, we got together at the beginning of this month and recorded a Q&A session that lasted over an hour. Naturally, much of that will not appear in the finished documentary, as he has many other people he's already spoken to, and many still to go. That said, I was happy to see he's begun posting some of the raw footage on YouTube. Two segments featuring yours truly follow... It looks like he's got a lot of good names so far: Joel Rosenberg, Joseph Olsen, Brian Jeffs, and two Gun Rights Examiners: Howard Nemerov in Austin and Skip Coryell in Grand Rapids. More will be added - I understand Max is in Washington, DC, today, taping Kenn Blanchard, and others will follow. [UPDATE: I see two clips have been added featuring Minneapolis GRE John Pierce.] ... http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m9d28-Documentary-spotlights-gun-rights-activists --- Bloomberg Group May Have Boosted Black Homicide Deaths: New evidence indicates that New York City Mayor Bloomberg's gun control laws may have resulted in an increased level of Black murder victims. A previous article noted how the Mayors Against Illegal Guns (MAIG) is really a gun ban organization. nother article showed how gun control impacts Blacks more than Whites. In states which deny law-abiding citizens from carrying concealed handguns, Blacks accomplish fewer justifiable homicides, while Whites garner a greater percentage. In Right-to-Carry states, these percentages are reversed, showing that less gun control correlates with a Black citizen's increased freedom to defend their life, business, and family. ayor Bloomberg, head of MAIG, resides in one of the 10 remaining states which generally deny a citizens' right to carry a concealed handgun for protection. New York City (NYC) has addition laws and restrictions, requiring a lengthy and expensive licensing and registration process in order to own a gun... (While New York City is extremely restrictive with handgun licenses, issuance is variable around the state. Many counties restrict the licenses but there are some which issue "unrestricted" licenses, the New York version of a carry permit.) http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d29-Bloomberg-gun-control-and-racism --- Restaurant Carry Reaches Arizona Tomorrow: Starting Wednesday, those carrying concealed weapons are allowed to enter Arizona's roughly 5,300 establishments licensed to sell alcohol, as long as they don't drink. If those bar and restaurant owners don't want guns on the property, they must post a sign indicating that they are not allowed. The law only requires one sign be posted in a "conspicuous" place, near the establishment's liquor license. But Al McCarthy, owner of Duke's Sports Bar & Grill in Scottsdale, put up three signs - one for each entrance to his property - "as soon as the bill passed" nearly three months ago. "I want to make sure there's no confusion as to where this business stands on the issue," McCarthy said. "I have yet to have a customer to tell me they wish I hadn't put up the sign." ...Janie Riddle, co-owner of the local chain Valle Luna, decided not to post any signs banning firearms, saying that it would be "business as usual" at the family's three Mexican restaurants. "We've never had a problem in 26-plus years," said Riddle, whose husband, grown children and various relatives also work at Valle Luna. "We basically talked about it as a family and as a business and just decided it was in the best interest to not prohibit law-abiding citizens from exercising their rights under the Second Amendment." Riddle also said they felt the presence of those carrying guns legally could deter trouble from those carrying guns illegally. "I think it would get them to think twice, big time," she said... http://www.azcentral.com/arizonarepublic/news/articles/2009/09/29/20090929gunlaw0929.html It is hard to miss the picture of a gun with the diagonal red cross running through it as you enter Granny's Closet. Martin Zanzucchi, owner of the well-known Flagstaff restaurant, said he had no other choice than to paste the sign on the front door of his business. The only other option would have allowed anyone with a state-issued permit to carry a concealed weapon into the restaurant his family has owned since the early '70s. "It is a bad law," Zanzucchi said simply, noting the signs have been on his doors for several weeks... In downtown Flagstaff, Tim Hay with Maloney's Tavern said he won't be posting any signs. He, too, thinks the signs can easily be misunderstood. Some patrons might think the business has had some kind of ongoing problem with guns. In Maloney's case, that's not been a problem. Hay said his staff will allow patrons to bring in the concealed weapons so long as they follow the letter of the law - which includes a prohibition on consuming alcohol while carrying a concealed weapon... (Flagstaff, home to Northern Arizona University, has one of the largest concentrations of "progressives" in Arizona.) http://www.azdailysun.com/articles/2009/09/29/news/20090929_front_204626.txt -- Tennessee County Drops Park-Carry Ban: Knox County Commission today voted 13-5 in favor of allowing handgun permit holders to carry their weapons in county parks. Voting to allow guns in parks were Commissioners Tony Norman, Ivan Harmon, Mike Hammond, Craig Leuthold, Richard Briggs, Brad Anders, Greg "Lumpy" Lambert, R. Larry Smith, Michele Carringer, Bud Armstrong, Dave Wright, Mike Brown and Paul Pinkston. Voting for the ban were Commissioners Sam McKenzie, Thomas "Tank" Strickland, Mark Harmon, Amy Broyles and Finbarr Saunders.,, Briggs pointed out that there has been no instances of emotional people using baseball bats in confrontations at county parks so he didn't expect parents to resort to using guns as a lethal weapon. Those opposed to allowing guns in parks expressed concern because some parents get emotional during sporting events in county parks... The Legislature this year approved legislation allowing handgun permit holders to carry their guns in local and state parks. The bill included an "opt out" provision where cities and counties could opt out of the legislation... (The Knoxville city council had already voted to maintian its park-carry ban.) http://www.knoxnews.com/news/2009/sep/28/commission-votes-support-guns-parks/ --- California Governor Flooded with Opposition to Anti-RKBA Bills: With great support from Cabela's and major distributors throughout the country, grassroots efforts to combat three anti-gun bills in California have been so strong that the Governor's Office has had to open up another fax line (916-445-4633) to handle demands that he veto the anti-gun legislation. NSSF is encouraging all manufacturers, retailers and distributors, along with all sportsmen, gun owners and firearms enthusiasts, to continue calling, writing and faxing Gov. Schwarzenegger's office urging him to veto AB 962 (ammunition registration), SB 41(burdensome and unnecessary regulations that duplicate existing requirements under federal law governing the sale of firearms) and SB 585 (prohibitions on the lawful sale of firearms and ammunition at the Cow Palace exhibition center). NSSF and the California Association of Firearms Retailers (CAFR) urge all gun owners in the state to contact the governor's office and respectfully urge him to veto these anti-gun bills... http://www.rightsidenews.com/200909296644/editorial/gov-schwarzeneggers-flooded-with-opposition-to-anti-gun-bills.html http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d29-If-they-cant-take-your-guns-theyll-take-your-bullets --- A Tale of Two Churches: Last week in Mitchell County, a man with gun robbed a preacher in his church. The story notes that armed robbers held up three deacons at a church in Camilla, Georgia, about a month ago. What makes this ironic is that Georgia is one of only five states that makes it illegal for a preacher, or anybody else, to carry a firearm to or while at a church. The reason, of course, is Georgia's infamous public gathering law, passed in 1870 to disarm black worshippers and place them at the mercy of armed mobs. Georgia's public gathering law has never deterred criminals, and, in fact, makes it safer for criminals to ply their evil trade. Since most other states do not have a gun ban for churches, the outcome of robbery attempts on the local preacher is sometimes very different from what happens in Georgia. Yesterday (Sunday), a preacher shot an armed robber in Detroit, Michigan. The robber is expected to survive, but we cannot help but observe that criminals in Michigan are learning a very different lesson from criminals in Georgia. Churches may not be such a soft target after all. http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2009m9d28-A-tale-of-two-churches --- Location, Location, Location?: The promotion was a simple concept, one sure to generate sales - and maybe a little controversy: Buy a truck, get a gun. But a central Ohio car dealer has found little interest this month, from either truck buyers or the dueling sides of the firearm-rights debate. Chesrown Superstore in Delaware is winding down its "trucks 'n' guns" deal about two weeks after it started. Customers who bought a truck, SUV or crossover also received a voucher worth up to about $500 to a local hunting club to buy a rifle, shotgun or crossbow. The promotion helped sell about 10 vehicles, said Ryan Gill, Chesrown's Internet sales manager. The dealership sells General Motors brands... Dozens of car dealers across the country have used some version of this promotion, with wildly varying results. One of the first and most high-profile examples occurred last year at Max Motors in Butler, Mo. While Chesrown has shied away from any explicitly political message - its online promotion ties the offer to hunting season - Max Motors owner Mark Muller came out with his metaphorical guns blazing. First, he offered a voucher for handguns. Then, this summer, he offered a voucher for assault rifles, including the AK-47. "It was extremely successful," Muller said. "We doubled our sales." ... (It sounds as though Muller understands the value of taking a political stance, rather than catering to the hunting crowd. Max Motors also uses its website for nationwide discounted sales of American automobiles so not all of his increased sales may have been local.) http://www.columbusdispatch.com/live/content/business/stories/2009/09/29/guns.html?sid=101 --- Infamous Tacoma Gun Shop Won't Regain FFL: A gun shop in Tacoma linked to the District of Columbia sniper case will not get its firearms license back. Judge Ricardo S. Martinez of Federal District Court ruled that the government properly revoked the license of Bull's Eye Shooter Supply, operated by Brian Borgelt and Charles Carr, where the snipers, John A. Muhammad and Lee Boyd Malvo, obtained weapons. The two lived in the Tacoma area before the string of random sniper shootings that left 10 dead in October 2002. (The trace of Muhammad's Bushmaster XM-15 back to this gun shop led to the discovery of multiple thefts from their inventory.) http://www.nytimes.com/2009/09/29/us/29brfs-GUNSHOPWONTG_BRF.html?_r=1&ref=us But...: Before the local and national press gloat too loudly over their chance to report that a federal judge has upheld revocation of a federal firearms license (FFL) to Tacoma's Bull's Eye Shooter Supply, they need to get their story straight...or at least tell all of it. Right now, reporters are telling half of a story, which is almost as bad as reporting no story at all. True, in a ruling handed down last Friday by U.S. District Judge Ricardo S. Martinez, the government was found to have properly revoked the FFL of former Bull's Eye owner Brian Borgelt. Unfortunately for Kris Kindschuh, the current owner and operator of the gun shop, now known officially as Bull's Eye Shooter Supply LLC, the Associated Press, Tacoma News Tribune, Seattle Times and on-line Seattle Post-Intelligencer are not telling the rest of the story, as the late Paul Harvey put it. And what is the rest of this story? Bull's Eye Shooter Supply, located where it has always been, on Tacoma's Puyallup Avenue, is still in business, and business is thriving. Kindschuh reported Monday afternoon that his FFL - the one he already had when he purchased the business in 2003 from embattled former proprietor Brian Borgelt - had just been renewed for three more years. This FFL is good through Aug. 1, 2012, and Kindschuh made it clear his doors will stay open. The story so alarmed Kindschuh that he faxed a copy of the just-renewed FFL to my attention for a report in an upcoming issue of Gun Week... http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m9d28-Tacomas-Bulls-Eye-Shooters-Supply-is-still-open-owner-blasts-partial-coverage --- Oops, Wrong Coin Collection: A man stealing a coin collection in a Hilton Head Plantation home at noon Wednesday found himself running for his life after the homeowner shot at him and chased him out of the house. The unidentified man, who was armed with a large stick or club, broke into a house on Teal Lane while the residents were inside, according to a news release from the Beaufort County [SC] Sheriff's Office. The intruder entered through the unlocked front door and walked down the hall into a bedroom, where he started stealing a coin collection, according to the release. The owner confronted the robber, who threatened the owner and kept taking the coins, according to the release. The owner ran to another room, grabbed a handgun and chased the robber. The owner fired a shot and missed, and the robber drove off in an SUV. Sheriff's Office spokeswoman Cpl. Robin McIntosh said she did not know if the shot was fired while they were inside or outside the home. The homeowner fell while chasing the robber and suffered minor injuries. His wife, who also was home, was not injured, according to the release... (It sounds as thought the homeowner followed Rule Three and kept his finger out of the trigger guard.) http://www.islandpacket.com/news/local/story/977062.html --- Oops, Wrong Photo: A Roxbury man was sentenced to prison yesterday after he admitted he posed his 17-month-old daughter with a firearm in photos taken earlier this year, said Jake Wark, spokesman for the Suffolk district attorney. Michael Majors, 20, pleaded guilty to reckless endangerment of a child and unlawful possession of a Cobray MAC-11 9mm firearm. Wark said Majors posed his daughter with the weapon and an extended magazine in the photos, which were taken in January. Majors also pleaded guilty to additional gun charges, including unlawful possession of a large-capacity weapon; a large capacity magazine, or gun chamber; a .38-caliber Colt Government handgun; and various loose rounds of ammunition, Wark said. A Superior Court judge sentenced him to three to five years in prison with three years' probation. "It's not just chilling but incomprehensible that a person would do such a thing with a child,'' District Attorney Daniel F. Conley said in a prepared statement. Boston police found the photos and weapons at the home of Majors's mother Jan. 15 after his child's mother, Kismauri Pena, 21, called police to the home. Pena told police Majors was armed and had stolen $100 from her and hit her... http://www.boston.com/news/local/massachusetts/articles/2009/09/29/roxbury_man_who_posed_his_daughter_with_gun_is_sentenced/ --- Widow Learns Value of Inheritance: It sat on a shelf in the closet for years, a rosewood case containing two Civil War-era revolvers with ivory handles. The guns had been a gift from a friend to Sharlene Perez's late husband, but they held no sentimental value for her. So in June, she decided it was time to sell them. She slipped the case into a sturdy Lord & Taylor shopping bag and took a taxi six blocks to meet appraiser Greg Martin in midtown Manhattan, N.Y. She knew that there were engravings on the barrels, that the grips were monogrammed and that an inscription on the lid of the case indicated that townspeople in Watertown, N.Y., had given the guns to William C. Browne, a local man heading off to serve as a colonel in the Civil War. In her most optimistic moments, Perez hoped the guns might net $20,000. Instead, she "about keeled over," Martin said, when he told her the guns were Colt 1851 Navy revolvers and might be worth 10 times as much. He told her there would be an auction in Anaheim in September. He told her he would set the appraisal value at $125,000 to $250,000... But the combination of a matched set engraved by Gustave Young - a master of that time period - the ivory grips and the personalized nature of the Civil War connection raised their potential value, Martin said... http://www.latimes.com/news/local/la-me-gun-auction29-2009sep29,0,2142069.story -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .