2012 – Page 123 – Shall Not Be Questioned

More on the Cook County AWB Decision

This is actually a more significant victory than I originally had reported. Usually I take my time on these things, but yesterday was insane. I am in the process of refinancing my mortgage, which will reduce my monthly payment and help me pay off the house a few years sooner. I figured as long as Uncle Sugar is running the printing presses flat out I might as well cash in.

But either way, there’s been better coverage of it. Clayton notes that it’s a pretty significant victory that the Illinois Supreme Court essentially remanded for consideration as to whether these rifles were commonly used. The answer to that is yes. Even in Heller II, the two judge majority on the three judge panel ruled that they were in common use, just that they were unprotected regardless.

After reading the opinion, I believe the court’s dismissal on vagueness grounds was a bit poorly reasoned. I think there’s a good case to be made that many assault weapons bans are, in fact, vague, because they ban features that are not well defined. That’s proven itself again and again in California, and I just don’t think when you’re dealing with a protected activity, like owning firearms, that the Courts ought to tolerate this kind of vagueness.

Dave Hardy notes a few interesting things on the case as well, and we’re certainly glad he’s out of the hospital.

The Media Assault Continues

The New York Times speaks of the law of the gun in Florida, and notes that goes to the GOP convention in Tampa could be around other people with concealed handguns. You know, like it’s been in most states for the past several decades. The horror.

The Los Angeles Times notes that NRA members would like to shoot the Easter Bunny (I kid you not) with us gun nuts being so stand your ground and all.

The New York Times again, suggesting it’s time to talk about guns. Of course, this means it’s time to talk about restricting guns. You see, even if you believe in the Second Amendment, surely that can’t mean, if you’re a reasonable and sophisticated person like a writer for the New York Times, that it’s actually a right, right?

I believe the time has long passed for people on the right-of-center coalition, no matter how thick and luxurious your Wookie suit, or whether you choose to wear one at all, to cancel your subscriptions to biased print media (though, I would make some exceptions for papers that do good reporting and are willing to be fair. There is at least one around here) and cut the cord on the cable. It only feeds the enemies of our Republic.

Gun “Shakedown” in NYC

Human events covers a story about authorities in New York City busting honest folks for transporting guns through King Bloomberg’s domain. FOPA no longer really protects air travel through New York City, since it was ruled that the protections only apply to persons in vehicles.

UPDATE: John Richardson notes a bill that could enhance the FOPA transport provisions.

Canadian Long Gun Registry: Last Nail in Coffin

The Senate has finally voted to kill the long gun registry in Canada. Needless to say, the Quebecois aren’t all that happy, and are talking about starting a provincial registry. I guess the French Canadians don’t mine flushing money down the toilet that would be better spent on traditional policing. Firearms enthusiasts in Canada can also enjoy the sweet, sweet tears of defeated anti-gun folks. I think they’ll find they are energizing.

Breaking News in Illinois on “Assault Weapons”

The Illinois Supreme Court issued an opinion in the case challenging the Cook County ban on “assault weapons.” Word has it that the just released opinion remands ~~on equal protection and due process grounds~~. No word whether the Second Amendment is involved yet. Looks like a punt. More to come as it comes. Check this post for updates.

UPDATE: Opinion here. The case remands on Second Amendment grounds, but upholds the dismissal for due process and equal protection. From the summary:

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 â€œassault weaponsâ€ 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 courtâ€™s dismissal of the complaint count based on the second amendment was improper and was reversed, as was that part of the appellate courtâ€™s judgment which affirmed the dismissal.

Pretty much a punt on the Second Amendment issue. They essentially remand the case back to lower court to undergo a trial. This is a small win, given that the lower court originally approved Cook County’s motion to dismiss.

UPDATE: From the Chicago Tribune. I should note that I am not optimistic about success with assault weapons bans as things stand right now. The judiciary is quite hostile to gun rights just generally. I think the odds of finding judges to strike down bans on scary looking guns is long.

Castle Doctrine, SYG, Under Multi-Front Attack

The Democrats are already getting to work in Florida to repeal Stand Your Ground. The Republicans seem to be taking a wait and see approach, but don’t count on them. At least one columnist for the Palm Beach Post thinks repeal is unlikely. Meanwhile, a Democratic State Representative isÂ assaulting our considerably more limited SYG law, and it’s abundantly clear he knows nothing about self-defense law either before or after castle doctrine passed here.

We must never allow another state-sanctioned tragedy like this. Pennsylvania must revisit its Castle Doctrine law and take steps to get guns off our streets.

Prior to Gov. Tom Corbett signing the legislation into law last year, Pennsylvania allowed citizens the right to use deadly force, if necessary, against introducers in their â€œcastleâ€ or home.

The new law allows the use of deadly force in other places, such as a car or public street, and does not require the person to retreat before shooting.

I find it terrifying that we have enacted legislation that condones untrained civilians shooting someone in our streets. Itâ€™s the wrong direction for Pennsylvania.

So according to Rep. Waters, Pennsylvanians should have no right to self-defense anywhere but in the home? Even the United Kingdom doesn’t go so far in its deviation from traditional common law on this matter. The Pennsylvania constitution, which is the title of our blog, protects the right to bear arms in defense of self, one wonders whether Rep. Waters believes that constitutional provision, which he took an oath to uphold, ought to have any meaning at all. He’s not the only one, however. The York Daily Record is also editorializing:

Florida law allows people to use deadly force – with no responsibility to try to retreat to safety if possible – if they feel threatened.

This is a blatant falsehood. One wonders whether this editorial was written by the Daily Record, or submitted to them by MAIG or CeaseFirePA. They go on to suggest that it couldn’t happen here, but fail to acknowledge that Zimmerman would still have a self-defense claim here, even under the pre-Castle Doctrine law. Philadelphia Weekly has an interview with Rep. Metcalfe on Castle Doctrine. I’m surprised by even how much of the case he gets wrong. Pennsylvania Castle Doctrine wouldn’t protect Zimmerman based on the facts that we know about the case, no matter who’s claim you believe. The thing is, Florida SYG/CD has nothing to do with this case either. It does is not relevant based on the facts.

No Heed to The Man

Nice day in the neighborhood, so I decided to make today one of my two mile walk days. I was treated to kids riding all manner of unregistered motorized vehicles through the neighborhood, and a couple of other neighborhood kids playing with a pellet gun in the backyard, which is in flagrant violation of Township ordinances.

This would probably horrify most of our opponents, but except for the one kid who’s trigger discipline and backstop choice I wanted to correct, I wanted to go shake their hands and congratulate them for taking a stand against the man, and not allowing themselves to be pussified and lobotomized by our zero-tolerance-as-well-as-brains school system.

There are probably antis and other related busybodies who’d be calling the cops more often than George Zimmerman around here, but I’m glad to see kids trying to get away with a little old fashioned, somewhat dangerous, and just a bit illegal fun. It gives me hope for the future.

PolitiFact Florida on Brady Campaign

Shocker, PolitiFact finds the Bradys are full of shit. If this was true, I would have renewed my Florida permit. As it is, my local PD fingerprints only a few days a week and not during convenient hours. My friend Jason also got his Florida CWL in the same class I got mine, and when he went to renew, his local PD refused to take the prints because it was for a Florida CWL. Some digging, and we find during the anti-gun Rendell Administration, the State Police put out an advisory to local PDs not to fingerprint people for Florida licenses.

This is also despite the fact that both Jason and I have PA LTCs, and aren’t exploiting what our opponents misleadingly label as a “loophole.” Since my dad moved out of Delaware, I don’t really get that much use from the reciprocity anyway, so I never took this issue back up.

What Your Carry Gun Says About You

From When the Balloon Goes Up. My favorite is his description of what the Walther PPK says about you:

Walther PPKÂ â€“ I donâ€™t know anything about guns but the James Bond movies were awesome. I think Sean Connery was the best, Pierce was ok and Daniel Craig was a mistake. Â I canâ€™t believe that they went away from the Aston Martinâ€¦ There is no way a British spy would drive a German car. Oh yeah, we were talking about guns. This one is a .32 just like he carried.

I don’t own a PPK, but both the guns I do own for carry are on there.

Gun Control Groups on CoBIS

Crickets is the sound after repeal. It strikes me that we have the gun control groups in the same position they had us in during the 80s and 90s, where we couldn’t count on Republicans to really help us out much. Actually, it’s probably worse, because I think many Democrats who were once staunch allies are abandoning the cause. It’s not surprising to me they don’t have much to say on this process. Spamming people on Twitter is probably more rewarding anyway.