Guns – Page 774 – Shall Not Be Questioned

Question to the 7th Circuit Panel

Here’s a quote from the decision today denying incorporation for the Second Amendment:

But the municipalities can, and do, stress another of the themes in the debate over incorporation of the Bill of Rights: That the Constitution establishes a federal republic where local differences are to be cherished as elements of liberty rather than extirpated in order to produce a single, nationally applicable rule. See New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932) (Brandeis, J., dissenting) (â€œIt is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.â€);

Let’s back up one amendment here, and ask whether or not the states are free to experiment, in order to foster our economic recovery, by re-instituting slavery.Â Could Oak Park order all of its unemployed into a mandatory service system?Â Why is that not part of our federal system?

Sorry, but the Fourteenth Amendment abolished the type of federal system they speak of here.Â The federal government has a role to play in guaranteeing certain fundamental rights.

Incorporation of 2A Rejected in 7th Circuit

Decision here.Â It seems to rest Cruikshank, Presser and Miller still being valid law, even though the last of those cases was decided in 1894, before the modern selective incorporation doctrine.

The Court did not say that Cruikshank, Presser, and Miller rejected a particular argument for applying the second amendment to the states. It said that they hold â€œthat the Second Amendment applies only to the Federal Government.â€ The Court added that â€œCruikshankâ€™s continuing validity on incorporationâ€ is â€œa question not presented by this caseâ€. Ibid. That does not license the inferior courts to go their own ways; it just notes that Cruikshank is open to reexamination by the Justices themselves when the time comes. If a court of appeals may strike off on its own, this not only undermines the uniformity of national law but also may compel the Justices to grant certiorari before they think the question ripe for decision.

Despite a lot of obvious bias against the Second Amendment coming through, what they have done here is essentially kicked ball over to the Supreme Court.Â The circuit split makes it very likely the Supreme Court will hear the appeal.

Success = Cynicism?

Apparently Dave Zweifel at the Madison Capital Times believes it is so:

But it has left a bad taste in the mouths of not only many members of Congress, but citizens who believe this isn’t the way democracy ought to work. If you want to allow guns in the parks, then vote on it. If you want credit card reform, vote on it. What kind of parliamentary system allows two completely unrelated matters to be joined?

Cry me a river.Â Progressives have used this tactic since the early 20th century, and now when we turn the tables on you, you’re going to cry foul?Â Please.Â Â First off, we’re not a Democracy, we’re a Republic.Â Â Secondly, there was a vote on it, and if you’ll pay careful attention, you’ll notice that both Feingold and Kohl voted yes.Â Rather than whine about the big bad NRA, and being cynical, why don’t you take it up with them?

This is how the system is supposed to function.Â Don’t get snippy about it when you lose.

Facts Please

The South Dakota Argus Leader seems to have its facts mixed up:

On the front of the National Rifle Association building in Washington, D.C., you will not find the entire Second Amendment. Instead, you will find only the phrase: “The right of the people to keep and bear arms shall not be infringed.”

I’ve been to NRA Headquarters, and I don’t recall seeing the inscription.Â Also, NRA Headquarters is in Fairfax, Virginia.Â They left the offices at 1600 Rhode Island Ave a long time ago.Â Â The only thing I can recall seeing on the NRA building is “NRA Sports.”Â Maybe I didn’t look hard enough.

Sixty percent of American citizens mistakenly believe they have a constitutional right “to keep and bear arms.” That is a myth perpetrated on the American people by the NRA.

No, now it’s a fact of law perpetuated by the Supreme Court.Â You wrote this a year too late, my friend.Â It’s amazing to me that they are still bitterly clinging to the old notion that it’s not an individual right.Â That’s settled.Â Time to move on.Â Â Even the Bradys have put Heller behind them, and are busily fighting the next battle.

This writer grew up on a farm, enjoying hunting for ducks, geese and pheasants, and in adulthood, shot deer while a pastor in Spearfish. No one ever has threatened to take those guns from me. I was an expert marksman in the service during World War II.

However, I am filled with anger by the way the NRA uses false advertising to bully our people and our politicians into supporting the insane practice of keeping all manner of assault weapons available to everyone in our society.

I guess this more of the “I’m a gun owner, but…” meme.Â I’m very sorry this man doesn’t value the freedoms he fought for, and no doubt some of his comrades died for, more than he does.Â I appreciate his service in defense of freedom, it’s a pity we can’t agree on what that freedom is.Â Â But what’s more disturbing is that the Argus Leader chose to publish an op-ed that grossly distorts basic facts, and is ignorant of the development in the last year of constitutional law.

Brady Suit in Pittsburgh

They are asking the Court of Common Pleas judge to throw the NRA case out:

â€œWe are asking the court today to put a stop to the NRAâ€™s lawsuit that threatens a common-sense gun law that helps protect Pittsburgh communities from gun violence,â€ said Brady Center Senior Attorney Daniel Vice.Â â€œWe are hopeful that the court will throw out the NRAâ€™s lawsuit and allow Pittsburgh to proceed with its efforts to stop gun trafficking and save lives.â€

They seem to be arguing that the case isn’t ripe. Basically a ripeness argument is, because no one has been charged under the ordinance yet, that NRA has no standing to file suit.Â Lost and Stolen still stands in Philadelphia, because of the same issue, so it would not be out of the realm of possibility of the Brady argument prevails here.

What’s a Tennessee Gunnie to Do?

With this report from Uncle that several gubernatorial candidates on both sides of the aisle seem to be lining up against a major gun bill, what on earth can a gun owner do to make a difference and change this rhetoric?

There’s a problem of timing for the election.Â Unlike New Jersey and Virginia which have elections this year, Tennessee gun owners are still a year and a half out from the next election.Â It’s not like it’s time to start phone banking or doing precinct walks for candidates yet.Â It’s hard to step up and give the manpower to sink or promote a campaign in response to these statements against concealed carry access.

The problem is that this early on, candidates have to be thinking about what the editorials will say about them if they come out against members of their own party or other political issues.Â Voters aren’t paying that much attention, and even most activists haven’t quite tuned in yet.Â They are fighting for donors, endorsements, and positive press to raise their name recognition.

But, this early in the game there are a few steps I would suggest:

Let the candidates who are coming out against the right-to-carry improvements know that you are a gun owner who is upset by this and they have not only lost your vote, but you will volunteer for pro-gun campaigns.
Write letters to the editor to call out these candidates for their stances.Â Keep it polite, keep it short, and keep it on topic.Â Take away the “benefit” of not causing a stir in the media and make one for them.Â Remember that you’re writing for an audience that won’t likely know the issue, so emphasize that license holders go through multiple background checks and are the kinds of people who can be trusted to not cause problems.Â Stick with a responsibility message to defeat their talking points.
Find the candidate(s) who support the bill and throw a little money their way if you have it.Â It doesn’t have to be a huge donation.Â In fact, if you can’t give a big amount, then do a pledge of small amounts that will ultimately add up.Â See if they do need help with sorting mailers or other low key outreach right now and volunteer.Â If they do have projects that could use a little assistance, they will definitely remember you this early on, especially if you’re specific about why you are there to help.
Most importantly, live up to anything you say.Â Don’t tell a campaign you won’t support them and then send a check 6 months later because you forgot.Â If you’re paying attention this early on, stay involved.

It’s really not a fun situation to be in.Â It’s also not something most Tennessee gun owners expect.Â Sure New Jersey gun owners are used to being election punching bags, but not most red state gun owners.Â It’s a situation that’s going to evolve.

Duck Hunting at an End in Australia

Animal rights folks down under are trying to make sure this duck season that’s wrapping up is their last.Â I used to think that shooters were under a much greater threat from extinction than hunters were, but I think that’s changed a lot in the last decade.Â I would now say hunters are in far more danger.

For the shooting community, the 1994 assault weapons ban was a huge wake up call.Â We saw further attempts to get more and more firearms, including commonly owned firearms like the M1 Carbine, M1 Garand, and even Ruger 10/22 added to the ban.Â It became pretty hard to deny there was an active effort to ban guns slowly, until they could get all or most.Â Divide and conquer.

Hunters haven’t had that awakening yet, and their numbers are dwindling.Â If anything, I’ve noticed hunters are far more willing to side with the animal rights whakos when it comes to forms of hunting that they don’t engage in or approve of.Â Witness dove hunting in Michigan.

Knight Rifles Closing Down

In these times of outrageous gun sales, there are some parts of the industry that aren’t doing too well.Â The Outdoor Wire reports that Knight Rifles, maker of in-line muzzle loaders, is shutting its doors.Â Market forces at work, but I think it’s a bit unfortunate.Â Â As the number of hunters decline, leaving the field through death, age or illness, they will begin to sell off their equipment. With fewer younger hunters to take up the supply, a surplus will be the result, which means we don’t need as many manufacturers of hunting equipment, including rifles.

I think the future of the shooting sports is in three places: pistols, practical rifles, and air guns.Â Anything you don’t need a huge range for probably has a future.Â Â They aren’t building 600 yard ranges in suburban areas these days, or even many rural ones.Â But you can set up a pistol or air gun range just about anywhere.

Some Progress in Illinois

Days of our Trailers reports that House Bill 182, which appears to carve out exceptions for having a concealed firearm on private property that you’ve been invited to, has passed the House and is now headed to the Governor.Â That’s an exception even Pennsylvania doesn’t have.Â Technically speaking, you need a License to Carry to have a concealed handgun in someone else’s home as a guest, though there is an exception for domiciles.

Jersey Gun Sales Up

You know when the political and economic climate are bad enough for people in New Jersey to start the process of trying to buy more guns, things aren’t good.Â But they are definitely buying, and it looks like another South Jersey shop is out of ammo.Â (Although they only mention being out of .380 & .32, perhaps they have some other calibers in stock.Â It might be worth checking out.)