Month: June 2009

Incorporation of 2A Rejected in 7th Circuit

Decision here.  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 “that the Second Amendment applies only to the Federal Government.” The Court added that “Cruikshank’s continuing validity on incorporation” is “a question not presented by this case”. 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.  The circuit split makes it very likely the Supreme Court will hear the appeal.

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Dead Tree Media

One of our local papers went under.  It was a relative newcomer, ressurecting and old name “Philadelphia Bulletin,” which went defunct in 1982, after evening papers went the way of the dodo.  The fundamentals for print media don’t look very encouraging.  Disastrous would be another word.   When the last newspaper in Philadelphia shuts down its presses, who will report it?

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New Jersey GOP Primary Underway

Polls are open in the Garden State.   As Jim Geraghty point out, if you’re not affiliated with any party, you can register with the GOP and vote today.  I don’t have a dog in this fight.  You can count me in the ABC (Anybody But Corzine) camp.  If polling is to be believed, Chris Christie has to best chance of defeating the incumbent governor.

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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.  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?  Please.   First off, we’re not a Democracy, we’re a Republic.   Secondly, there was a vote on it, and if you’ll pay careful attention, you’ll notice that both Feingold and Kohl voted yes.  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.  Don’t get snippy about it when you lose.

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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.  Also, NRA Headquarters is in Fairfax, Virginia.  They left the offices at 1600 Rhode Island Ave a long time ago.   The only thing I can recall seeing on the NRA building is “NRA Sports.”  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.  You wrote this a year too late, my friend.  It’s amazing to me that they are still bitterly clinging to the old notion that it’s not an individual right.  That’s settled.  Time to move on.   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.  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.  I appreciate his service in defense of freedom, it’s a pity we can’t agree on what that freedom is.   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.

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Brady Suit in Pittsburgh

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

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

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.  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.

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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.  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.  It’s not like it’s time to start phone banking or doing precinct walks for candidates yet.  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.  Voters aren’t paying that much attention, and even most activists haven’t quite tuned in yet.  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:

  1. 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.
  2. Write letters to the editor to call out these candidates for their stances.  Keep it polite, keep it short, and keep it on topic.  Take away the “benefit” of not causing a stir in the media and make one for them.  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.  Stick with a responsibility message to defeat their talking points.
  3. Find the candidate(s) who support the bill and throw a little money their way if you have it.  It doesn’t have to be a huge donation.  In fact, if you can’t give a big amount, then do a pledge of small amounts that will ultimately add up.  See if they do need help with sorting mailers or other low key outreach right now and volunteer.  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.
  4. Most importantly, live up to anything you say.  Don’t tell a campaign you won’t support them and then send a check 6 months later because you forgot.  If you’re paying attention this early on, stay involved.

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

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Abortion Doctor Shooting

Megan McArdle I think has some interesting thoughts on the matter.  Abortion is one of those topics where you just can’t win, so I don’t dare wade into it often.  Who I am I to say where life begins?  My skins cells are alive, and with the proper application of the right chemical compounds, at the right times, could turn into another one of me.  Do I commit murder the shower each morning because each cell I scrub off is a potential me?  But if human life isn’t defined at the cellular level, where do you draw the line?

I think Megan brings up some good points.  If the line is drawn at conception, and a woman takes a morning after pill, should she have to face the possibility of having a needle stuck in her arm for premeditated murder?  If the answer is no, then why?  If the act of killing an abortion doctor isn’t defense of another, then why? I don’t condone the murder of Dr. Tiller, but I also don’t think abortion is infanticide.

Where does life begin?  I don’t really have any special insight into that.   But I’m pretty sure judges don’t either.  If abortion is to be regulated, then it should be done by the legislatures of the several states.  But I’d be surprised if even the most conservative state legislature were willing to treat it as premeditated murder.  That is why I suspect that the vast majority of people, even those who are pro-life, think murdering abortion doctors is wrong.  But if that’s the case, can you still really say abortion is murder?

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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.  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.  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.  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.  It became pretty hard to deny there was an active effort to ban guns slowly, until they could get all or most.  Divide and conquer.

Hunters haven’t had that awakening yet, and their numbers are dwindling.  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.  Witness dove hunting in Michigan.

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