Gun Rights – Page 230 – Shall Not Be Questioned

Gun Ownership by Pardoned Felons

Dave Hardy points to a story coming out of Tennessee on the topic here. Dave mentions it’s a separation of powers question, as to whether the legislature can interfere with the Governor’s powers to pardon. I notice in the article there’s out-of-state issues too:

The attorney general opinion said that Tennessee does not recognize the pardons from anywhere in the country, including with the state, as grounds for restoring gun rights.

I would imagine that could also implicate the Full Faith and Credit Clause of the Federal Constitution as well. There have been a few circuit court decisions on this, one of them in the fifth circuit, which is next door to the 6th, which Tennessee is in. There they ruled that full faith and credit is implicated in pardons, and that the state in which the pardon is issued is controlling:

Next we reach the question whether Louisiana may constitutionally refuse to give the same effect to a pardon granted by another jurisdiction that it would give to its own pardon under the Habitual Criminal Act. We are of the opinion that this would violate no constitutional principles. There is clearly no question here of a violation of the full faith and credit clause, since Louisiana has given the same effect to a Missouri pardon that a Missouri court would give it.

That implies there could be a FFAC issue, I think, but it would depend in the state in which he was pardoned, and whether they had a similar provision to Tennessee. The Circuit Court of Appeals implies in this case that no more credit need be given than is given in the pardoning state. In another neighboring Circuit, the 7th, they ruled differently. This case actually involves firearms law, but it’s a bit different, because it involves the federal consequences of a conviction versus a state pardon. Not state consequences of a conviction versus a pardon from another state:

In his complaint, plaintiff characterizes the refusal to license him as a failure to give full faith and credit to the Montana pardon. Article IV, 1 of the Constitution, concerning ‘public acts, records, and judicial proceedings,’ speaks only to the states. By statute federal courts must also accord full faith and credit to state legislative acts and judicial records and proceedings. 28 U.S.C. 1738. However, it is open to question whether the full faith and credit clause extends to requiring a state court to treat a sister state’s pardons as eradicating guilt for the purpose here involved, even if the issuing state gives them that effect.

This seems to me to be very much an open issue, and it would be interesting to see a case like this go forward. In the case of someone who was convicted and pardoned in Tennessee courts, that would be solely a state issue, but in the case of someone moving to Tennessee who was pardoned by the Governor of another state, you bring federal issues into play under FFAC.

UPDATE: Dave Hardy has more thoughts here.

It’s a Done Deal for Iowa

Culver has signed the bill. It includes universal reciprocity for all permits. It takes effect the first day of 2011. Very good of NRA to recognize the contribution made by Iowa Carry on this bill as well.

NRA Introduces Separate DC Gun Rights Bill

SayUncle reported this morning on this NRA press release, about the introduction of a separate bill to repeal DC’s gun laws. I don’t have the details on this, but it looks like it hints that it may fix DC’s carry laws, saying it will “repeal the District’s burdensome gun registration requirement and ensure that firearms may be transported and carried for legitimate purposes”

I’m guessing NRA wouldn’t introduce a separate bill if DC Voting Rights Act weren’t well and truly dead. Perhaps NRA overestimated the degree to which the anti-gun Democrats were willing to roll over to get their pet bill through. We probably have a pretty good chance in the Senate to get something through, but as a separate bill, I don’t give it good chances of passage. I doubt Pelosi would allow the vote in the House. Even if Nancy Pelosi were willing to roll over so some of her blue dogs can get at least a little cover from NRA, you still have to get passed Obama’s veto.

Bias? What Bias?

KYW apparently reported dozens at the Rally in Harrisburg, despite the rest of the state media saying hundreds, which is the correct number. I guess someone must have complained, because KYW switched to hundreds too in this mornings news.

How One Person Can Make a Difference

One thing that I wish to get across to every gun owner out there is just how easy it is for one person to make a difference in this issue if they are just willing to get a little involved. Such is the case with Adam, who is a new volunteer Bitter has been working with, and who has managed to get several of our candidates for governor on the record with respect to issues which are important to us, most recently having asked Tom Corbett about castle doctrine, to which he was non-committal.

It was noticed yesterday that Wayne, and a few other NRA higher ups, including the PA lobbyist, went off following a Corbett staffer, which I presumed was to chat about our issues. Well, Tom Corbett is now saying he’s likely to sign the bill.

Now, I don’t know if NRA read the response to the question posed by Adam or not, but it’s notÂ inconceivableÂ that they did. It’s quite interesting that now Corbett is saying he’s likely to sign after what would appear to be a meeting with NRA. I think any way this went down, however, Adam has played a role. At the least, it helpedÂ tremendouslyÂ for Corbett to hear that concern from an actual gun owner and potential voter, which helps to reinforce NRA’s message when they go to speak to politicians.

This didn’t take much time or effort either. It just took Adam deciding to get involved, and asking what he could do to help, and then doing one small thing. Because of that we just affected a statewide Governor’s race. One person just positively affected 12 million people’s right to bear arms. It really doesn’t take much to make a difference.

The Tin Foil Hat Crowd Will LOVE This

The thing with the tin-foil hat crowd is that politicians try their awfulÂ damnedestÂ to make their paranoid delusions a reality. This is one of those cases. The article also has a great quote from Mayor Nutter of Philadelphia:

He added, “People are being killed every day in the United States of America with illegal weapons. I love the 2nd Ammendment. [But], I have a 1st Ammendment right not to be shot.”

I’m pretty sure the copy of the First Amendment I memorized in school didn’t say anything about a right not to be shot. Right to free speech? Check. Freedom of religion? Check. Freedom toÂ peaceablyÂ assemble? That’s in there too. But not be shot? Peaceably assemble without being shot maybe? I hate to tell you this Mike, but the guys getting shot and doing the shooting in your city are, shall we say, assembling for the purposes of furthering the unlicensed pharmaceutical business, for the most part. Last I checked that wasn’t peaceable.

But back to the original issue. It’s clear that the ICJ in theÂ Hague doesn’t have jurisdiction to hear the kind of case Mayor Daley wants to bring (against gun manufacturers), unless he’s egging other countries to challenge the US in the ICJ, but the US doesn’t accept compulsory ICJ jurisdiction. Then again, I don’t have a lot of faith Barry wouldn’t play along with thisÂ charade.

A Sad Loss

The last leader of the Deacons for Defense has died.

Back from the Rally

It was a very productive day. I will have anÂ anecdoteÂ or two later, and some observation on media coverage. But I was happy to meet with several state reps, and some Senate staffers for some candidates in the area favorable to our issue. Sadly the Senate wasn’t in session today, so the Senators themselves were home in their districts. I was happy to have a frank discussion with one of the longstanding A+ reps in our area on the political situation gun owners are facing, and exactly what we need to do in order to create a better constituency for supporting gun rights in these changing districts.

I will say this though, Pennsylvania is in trouble long term if gun owners don’t step up and get involved. The Philadelphia suburbs are becoming increasingly less friendly to gun rights, and while Philadelphia can’t outvote the rest of the state, if the suburbs start voting with Philadelphia on the gun issue, the Second Amendment in this state is in serious trouble. We’re hoping to do our small part to try to turn that around.

Here’s some pics from the day. These are different than the ones posted to Twitter, since I took them with a better camera.

Until next year. A lot of hard work went into organizing the rally. Thanks to Kim Stolfer of FOAC, who started this tradition and helps keep it going. To NRA for finally sending Wayne out. To PAFOA, who’s members make a good showing at the rally (and who was helped greatly by Bitter with rally items his year). And thanks finally to all the legislators, too numerous to list here, but some of whom are pictured, who do a lot on behalf of our issue.

Gun Shops Happy About New AL NFA Law

Looks like they think it’ll increase business. It’s disappointing to see the Fraternal Order of Police came outÂ againstÂ the bill, however:

Although the bill was opposed by the Fraternal Order of Police, which feared the guns might fall into the hands of criminals, Gooch says there are already many smaller, easier to conceal guns available â€” like the sawed-off shotguns â€” that have been legal for many years.

The FOP sometimes falls on our side of the issue, and sometimes falls on the other side. Generally speaking we haven’t done well when FOP has opposed us. Lots of legislators don’t want to be seen as going against the interests of law enforcement. That shouldn’t matter where our rights are concerned, but unfortunately it does.

Corbett Noncommittal on Castle Doctrine

In the Capitol Ideas Q&A with the candidates yesterday, Tom Corbett didn’t seem to want to take a position on passing Castle Doctrine. I should note that Corbett is NRA A rated, and has done a lot for gun owners, and this doesn’t necessarily mean he’ll come out against it. But we sincerely hope that if Attorney General Corbett is elected Governor, he’ll help us get this passed.