Wishful Thinking?: On Thursday, Dec. 17, Justice Ginsburg spoke at a luncheon of the Harvard Club of Washington, D.C. I was not present at the luncheon, but I have heard, third-hand, that she spoke on the value of dissenting opinions. She said that sometimes a dissent can become the majority of a "future, wiser court." As an example, she pointed to the dissent in District of Columbia v. Heller. If any VC readers attended the luncheon, any details or clarifications would be welcome. http://volokh.com/2009/12/20/justice-ginsburg-supreme-court-may-eventually-overrule-heller/ --- Why "Liberals" Balk at the RKBA: ...The problem is that I don't trust myself walking around with a handgun strapped to my waist. Many people nowadays are so arrogant, ignorant and inconsiderate I think that if I could just reach down to my belt and pull out a gun when faced with such people, I might someday use it. Just standing in line at a cash register sometimes is enough to make you just want to reach out and knock some sense into the ignorant and inconsiderate people who often hold up the line. I can't imagine having a semi-automatic pistol handy to help speed things up. Or how about when you're driving? If I had had a gun handy, I might have already killed a few people who've cut me off because they are so engrossed with talking nonsense on their cell phones... (Isn't it amazing how those of us who do carry are able to resist such impulses?) http://www.examiner.com/x-24111-Liberal-Issues-Examiner~y2009m12d19-Confessions-of-a-liberal-who-supports-the-right-to-bear-arms-Commentary --- Are These the Trains to Auschwitz?: Harry Houdini made a career escaping from locked boxes. So did David Copperfield and Doug Henning. And now, add to that list Amtrak passengers packing heat in their luggage? It may sound absurd. But President Obama signed a bill into law Wednesday that requires passengers who carry firearms aboard Amtrak be locked in boxes for their journey. It's a mistake in the law's wording. But for now, the clerical error is the law of the land. Earlier this week, Congress sent the president a massive spending bill that funded dozens of federal departments. Tucked into the transportation section of the legislation are safety requirements for Amtrak customers who carry firearms on board the government-backed train system. The bill Congress passed mandates that passengers with firearms declare they have weapons with them in advance and stow them in locked boxes while on the train. The bill text was correct when the House approved the legislation last week. The Senate followed suit Sunday, but somewhere along the line, the language that referred to putting the guns in locked boxes morphed into stuffing "passengers" into locked boxes... http://www.foxnews.com/politics/2009/12/16/typo-law-establishes-mandate-lock-gun-toting-train-passengers-boxes/ http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m12d19-Obama-signs-bill-mandating-gun-OWNERS-to-be-locked-up-in-boxes-on-trains --- Reid Amendment Does Not Allay Fears of Gun Owners: I received an email from John Cahill of Nevada Outdoor Democrats. He wanted me to know about an amendment to the health care bill offered by Senate Majority Leader Harry Reid that would seem to put to rest some of the claims being made that gun owners will be targeted... Does this put our concerns to rest? Not for me. It actually creates new ones. First off, if Reid wasn't shoving this force-backed, tyrannical wealth-redistributing, power-grabbing, non-Constitutionally-delegated monstrosity down our throats, we wouldn't "need no stinking" exception clause. This, to me, is like a rapist assuring us he'll use lubrication. The other thing that strikes me is use of the term "lawful" when it comes to ownership, possession, use and storage of firearms and ammunition. This seems to create a powerful new club for the feds to wield when it comes to enforcement of local edicts - a way they can bolster the gun-backed disarmament efforts of prohibitionists in places like Daley's Chicago or Bloomberg's New York City. And not just for people who defy them out of principle or need, but also for those who may unwittingly violate any of the thousands of "gun control" edicts" imposed in different jurisdictions throughout the land--and who may not have the knowledge or the resources to put up a defense instead of opting for the seeming "easy out" of a plea... http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m12d20-Does-Reid-amendment-allay-gun-owner-fears-over-health-care-bill --- Bloomberg's Hoplophobia Cost NYC $1.5 Million: Mayor Bloomberg's crusade against guns comes with a price tag attached. Bills obtained by the Daily News show the city Law Department has paid almost $1.5 million to Kroll Associates, a high-end detective firm, for its undercover probe of out-of-state gun sales. The mayor announced the results of that investigation with a big splash in October, playing secretly recorded videos of dealers improperly selling guns at gun shows... The production didn't come cheap, however. The investigators and their bosses billed the city between $225 and $325 an hour each, some of them for more than 100 hours per month. As they traveled to gun shows in Nevada, Ohio and Tennessee, they spent tens of thousands of dollars on airfare, hotels, meals and other travel expenses. They also billed the city for tens of thousands of dollars for background checks, research costs, cash payments for guns, and equipment - including $58,100 for recording gear... (For those unfamiliar with the term, "hoplophobia" means an irrational fear weapons." http://www.nydailynews.com/news/2009/12/20/2009-12-20_gun_sales_probe_cost_15m.html --- Five Arguments against Gun Buybacks: Based on the theory that any firearm could potentially be used to commit crime, many major cities have funded 'buy back' programs to reduce the number of available weapons. Details vary, but the gist of such programs is that the city will purchase, with cash or gift cards, hand guns, rifles, shotguns or assault weapons from its citizens, no questions asked. Typically, the city will return any stolen firearms to their owners and destroy the rest. It sounds like a good idea, but is the city actually getting a good return on the money invested? Critics answer in the negative, and cite a number of reasons of which the following are most commonly referenced... http://www.examiner.com/x-19336-Detroit-Crime-Examiner~y2009m12d20-Top-5-knocks-against-gun-buy-back-programs --- Utah Firearms Freedom Act: ... Utah lawmakers this winter will take up a proposal to enact gun-rights legislation already on the books in Montana that carves out the in-state exemption. Robinson Armament is one of a handful of Utah-based gun makers - from a small-label derringer manufacturer to international household name Browning Arms - potentially affected because they make and sell at least a fraction of their guns within the state. Most sell across state lines, though, making the proposed legislation a matter of principle, not business preservation... The Firearms Freedom Act is a state-by-state attempt to retake regulatory power. Tennessee already has followed Montana's lead, and Utah lawmakers are planning to join in. Though small and tucked away in a concrete warehouse, employing 15 people, Robinson Armament is no "mom-and-pop shop." Its XCR Modular Rifle yearly ships thousands worldwide to collectors and cops, and aspires to rival none other than the ubiquitous M16 as a global equalizer. No matter. Robinson takes the burgeoning "freedom" movement and its local prospects to heart. "The states have really lost a lot of rights. I'm for anything that gives some of that back." Besides, Robinson said, if federal rules get too burdensome, maybe he'll set up satellite factories and sell locally in any state that bucks Congress... http://www.sltrib.com/News/ci_14034344 --- NRA, Affiliate Aid Suspended Student: The NRA and the CRPA Foundation have joined forces under their California Legal Action Project (LAP) to provide legal assistance for high school student Gary Tudesko in his fight to be readmitted to Willows High School. Sixteen-year-old Tudesko was expelled on November 19th for having unloaded shotguns in his pick-up truck that he legally parked on an off-campus, public street near the Willows High School campus... The shotguns were discovered in the pick up truck by scent-sniffing dogs on October 26th during a questionable school search. Police ran the license plates and determined Tudesko was the owner, then called Tudesko out of class. Tudesko cooperated and readily told the Principal about the shotguns and his early morning hunting trip. The school first suspended Tudesko for five days, then extended the suspension indefinitely until an expulsion hearing was held. Tudesko's mother, Susan Parisio defended her son during the November 19th public hearing on his expulsion. She challenged the school district's legal jurisdiction to enforce the Education Code's prohibition of guns on campus for her son having unloaded shotguns locked in an off-campus vehicle parked on a public street. Nonetheless, Willows High Principal Mort Geivett told the local School Board that, as a matter of law, it had no choice but to expel Tudesko. The Board did just that... http://www.ammoland.com/2009/12/19/nra-and-crpa-foundation-assisting-high-school-student-appeal-expulsion-for-unloaded-shotguns/ --- Oops, Wrong House, Tennessee Version: Roane County deputies said a 19-year-old Rockwood man has died from gunshot wounds they believe he sustained while robbing a Harriman home. The other suspect, Preston D. Harvest, 19, of Harriman told deputies that he and the deceased, Michael S. Johnson of Rockwood, planned to rob a home at 419 Old Valley Road. Harvest said they first tried to force the front door open. When that didn't work, Johnson crawled through a window. While Harvest was waiting for Johnson, he told investigators he heard gunshots. The Sheriff's Department has found evidence of forced entry in the home... Stockton said the men didn't think anyone was home when they tried to kick in the door. When that didn't work, one suspect tried to go into the house through the window. That's when investigators say the homeowner got scared and used a 9 mm handgun to shoot one of the suspects twice. An ambulance got stuck in the mud trying to get the wounded suspect... http://www.wbir.com/news/local/story.aspx?storyid=108456&provider=top --- Oops, Wrong House, Utah Version: Four roommates took on an intruder who broke into their Orem home early Sunday morning. According to Orem police, the suspect entered the home near 950 West 400 South around 7:00, armed with a gun. Police said he was looking to steal some high-ticket items... When the suspect went into one of the bedrooms, he woke up the man inside and they got into a struggle. "The other roommates heard the commotion and came to help and they were able to get the gun away from the suspect," Martinez said. During the fight, one of the residents stabbed the suspect several times. He was taken to the Utah Valley Regional Medical Center in serious condition, where he was treated for a punctured lung and wounds to the head, chest and back. One of the roommates suffered minor stab wounds but was expected to be OK... (We see again that criminals are disarmed of their firearms much more often than are their intended victims.) http://www.ksl.com/?nid=148&sid=9096348 --- Meanwhile, in Idaho...: A northern Idaho pharmacist who tackled a gun-toting robber and received a special award from the city of Coeur d'Alene has been fired for violating company policy. Jerry Gunderson said he was dismissed from the Shopko pharmacy late last month because he resisted the robbery... On Nov. 18, Gunderson chased after the gunman who police say had just stolen six bottles of anti-anxiety prescription medicine, then tackled him near the entrance of the store... When Gunderson neared the front of the store he saw the man had tried to go out the store entrance but was blocked by the shut door. "And there he was," Gunderson said. "And he says, 'I got a gun."' Gunderson said he saw the man reach in his pocket. "I'm thinking, 'I don't want to find out the hard way if you have a gun,"' said Gunderson, a former college wrestler in the 189-pound category. "So I tackled him." He said the gun fell to the floor and the two wrestled for it until police arrived a short time later and arrested Jason Anthony Wahl, 29, of Pomeroy, Wash... http://www.chicagotribune.com/news/chi-ap-id-herofired,0,6992781.story --- An "Only One" Tale from DC: The call went out on a Web site and over Twitter, and hundreds of 20- and 30-somethings, tired of being cooped up, gathered at 14th and U streets NW on Saturday for a little restless indulgence. Snowball fight! People squealed as they hurled balls of snow across the largely deserted road. Then, a snowball or two slammed into a Hummer. The driver, a plainclothes detective whom D.C. police refused to identify, got out, drew his gun and exchanged angry words with revelers, according to video footage and witnesses. Police said initially that the detective had not flashed his weapon. On Sunday, the officer was placed on desk duty after Twitter, blogs and YouTube appeared to show otherwise... (Amazing performance from a veteran officer on a department that has so vehemently supported the political stance that they [and federal agents] are the "only ones" qualified to own and carry firearms in DC. As noted earlier, the term "only one" derives from a widely circulated video clip of a then-DEA agent declaring to a group of youngsters to whom he was teaching firearms safety that he was the only one in the room competent to handle a .40-caliber Glock, seconds before shooting himself in the leg with it.) http://www.washingtonpost.com/wp-dyn/content/article/2009/12/20/AR2009122000881.html?hpid=editorialpromo Additional Video: http://www.wjla.com/news/stories/1209/689050_video.html?ref=newsstory --- E Tu, Switzerland?: The Swiss Senate has approved a revised law on weapons which forbids the carrying of dangerous objects and the anonymous purchase of arms over the internet. The chamber, which represents Switzerland's cantons, followed the example of the House of Representatives. A ban on keeping military weapons at home was rejected. Anonymous sales of guns over the internet or by advertisement are to be banned, but there are exceptions for hunters and members of Switzerland's numerous shooting clubs, who can continue to shop for weapons with a written contract... The revision of the arms law means guns have to be clearly marked by the manufacturer and there are tougher rules on sales between individuals or sales of guns that have been inherited. There is also a ban on the possession of automatic weapons or grenades. In a related development, the Senate has in principle approved a ban on the keeping of army ammunition at home, with the exception of a few thousand of the 120,000 soldiers in Switzerland's militia army who are at present supplied with ammunition they keep at home. But the Senate did not go as far as a total ban on army ammunition at home, as had been demanded by Social Democrat Anita Fetz... (Historically, the entire Swiss militia system has been based on every military-age male keeping his firearm and a basic load of ammunition at home. Similarly, every housewife has been required to maintain a periodically rotated supply of staple foods, proportional to the size of her household. Modern Switzerland has never been invaded.) http://www.swissinfo.ch/eng/politics/internal_affairs/index/Parliament_gets_tough_in_weapons_debate.html?cid=5960018 --- NRA-ILA Alerts: List members are encouraged to check the alerts for the past week on the NRA-ILA website. I include one of several: With the holiday season upon us, and the end of the year fast approaching, the U.S. House of Representatives passed H.R. 3326 - the Department of Defense Appropriations Act of 2010. With the passage of this bill, NRA-ILA wraps up its appropriations work for the year. Our efforts on the huge spending bill were rewarded with the restoration of a longstanding rider to protect M-1 carbines, M-1 Garands, M-14s, .22 caliber rifles, and others from being destroyed. This language also includes a prohibition on the destruction of small arms ammunition and components, and a response to the short-lived concern over destruction of spent brass casings earlier this year. (While the M14's have not been available for sale to private citizens through CMP or its DCM predecessor, the nature of our combat in Iraq and Afghanistan has created a new demand for this firearm within the military. Who knows how many may have foolishly been destroyed, reportedly leading to a few purchases of new semi-auto-only M1A's from Springfield Armory.) http://www.nraila.org/GrassrootsAlerts/read.aspx -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. The tactics and skills to use a firearm in self-defense don't come naturally with the right to keep and bear arms. http://www.spw-duf.info .