NRA v. Chicago, a Different Perspective: The U.S. Court of Appeals for the 7th Circuit declined to overturn the bans on most handguns that were enacted by the cities of Chicago and suburban Oak Brook, saying that it's an issue for the U.S. Supreme Court to decide. Chief Judge Frank Easterbrook, in a decision for the three-judge panel, said that the Supreme Court has ruled in the past that the Second Amendment, giving citizens the right to keep and bear arms, applies only to the federal government, and if there's any new path to be carved out now, the top court will have to take the lead. He noted that federalism gives states the right to experiment with differing laws. National Rifle Association of America v. City of Chicago, No. 08-4241. "Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon," Easterbrook wrote in the June 2 opinion affirming the decision of the U.S. District Court for the Northern District of Illinois. "How arguments of this kind will affect proposals to 'incorporate' the Second Amendment are for the Justices rather than a court of appeals." ... (Historical analysis would seem to prove Judge Easterbrook wrong as the RKBA not only traces back to England but was prominent during the Colonial period, antedating federalism. His ruling, however, will probably accelerate a decision by the Supreme Court.) http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202431160602&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20090603NLJ&kw=7th%20Circuit%20declines%20to%20overturn%20local%20handgun%20bans&slreturn=1 The U.S. Court of Appeals for the 7th Circuit ruled Tuesday that the Second Amendment right to bear arms cannot be held to restrict state gun control laws until the Supreme Court rules that the right applies to the states. As a result, the ruling in National Rifle Association v. Chicago will likely give Supreme Court nominee Sonia Sotomayor some much-needed political cover against criticism of a similar Second Amendment ruling she joined in on the 2nd Circuit earlier this year, Maloney v. Cuomo. In that case, using the same reasoning, the 2nd Circuit panel upheld a New York ban on numchucks, weapons made of two bars joined by a cord. Today's ruling by 7th Circuit chief judge Frank Easterbrook specifically states, "We agree with Maloney." Judge Richard Posner, like Easterbrook a leading conservative on the court, joined the ruling as did Judge William Bauer... (The correct spelling is "nunchaku.") http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202431175184&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20090603NLJ&kw=7th%20Circuit%20ruling%20agrees%20with%20Sotomayor%20on%20Second%20Amendment Today, the National Rifle Association filed a petition for certiorari to the U.S. Supreme Court in the case of NRA v. Chicago. The NRA strongly disagrees with yesterday's decision issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, holding that the Second Amendment does not apply to state and local governments. "The Seventh Circuit got it wrong. As the Supreme Court said in last year's landmark Heller decision, the Second Amendment is an individual right that 'belongs to all Americans'. Therefore, we are taking our case to the highest court in the land," said Chris W. Cox, NRA chief lobbyist. "The Seventh Circuit claimed it was bound by precedent from previous decisions. However, it should have followed the lead of the recent Ninth Circuit Court of Appeals decision in Nordyke v. Alameda County, which found that those cases don't prevent the Second Amendment from applying to the states through the due process clause of the Fourteenth Amendment." ... http://www.nraila.org/News/Read/NewsReleases.aspx?ID=12549 States can not only ban guns, they can ban self-defense. That's what a court just ruled. And we're told it is the "conservative" position... Don't let the raising of the Reagan mantra persuade you. The reverence gun owners have for the man is based more on illusion than substance. He was no friend of gun owners, supporting waiting periods, semi auto bans, and bans on open carry... http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m6d3-Federal-court-says-selfdefense-ban-by-states-is-Constitutional --- Has Sotomayor Nomination Helped Boost Firearm Stocks?: President Obama's nomination of federal appeals court Judge Sonia Sotomayor to replace retiring Supreme Court Justice David Souter heralds yet another victory for gun-makers. Yes, you read that right. Let me explain. While most investors have been rightly focused on the crisis in the markets and economy lately, some Americans have been focusing on other political issues, namely the Second Amendment. They wonder, will the Obama Administration and new Supreme Court nominee Sonia Sotomayor put the right to bear arms in jeopardy? Clearly, many think so, as evidenced by an increase in gun sales and an associated rally in gun stocks. Indeed, two of my favorite gun stocks, Sturm Ruger & Co. (RGR) and Smith & Wesson (SWHC), rallied Thursday on the news of Sotomayor's nomination. But it's not just Sotomayor's nomination that has been lifting the gun-makers. The recession has helped, too... http://blogs.moneycentral.msn.com/topstocks/archive/2009/05/29/obama-and-supreme-court-nominee-sonia-sotomayor-send-gun-stocks-soaring.aspx --- Feds Seize Vintage Plane: A vintage airplane collector said Tuesday that government agents have impounded his rare 1952 military aircraft he imported from France last fall and are threatening to destroy the plane because of a missed step in bringing it into the country... Hendrickson's Skyraider is believed to be one of only four of its kind that remain in the U.S... Hendrickson said ICE agents told him then that he had failed to fill out a form required by the Bureau of Alcohol, Tobacco Firearms and Explosives when he imported the plane into the states from France. Hendrickson said he was unaware he had to register the plane with ATF since he removed the aircraft's artillery while it was still in France. Hendrickson did register the plane with the FAA... http://blog.al.com/spotnews/2009/06/collector_puzzled_over_seizure.html --- Tennessee House Overrides Restaurant-Carry Veto: Tennessee House members voted on Wednesday to override the governor's veto of a bill to allow handguns to be carried in bars and restaurants that serve alcohol. The House voted 69-27 against the veto. The Senate is expected to vote on the matter Thursday. The final version of the bill previously passed the House on a 66-23 vote. All but one of the new votes for or against the measure came from lawmakers who were absent on the previous vote. Nashville Rep. Beth Harwell, who was the only Republican to vote against the veto override Wednesday, previously abstained. It takes 50 votes in the House and 17 in the Senate to turn back the veto. The bill passed the Senate 24-7 last month... http://www.theleafchronicle.com/article/20090603/NEWS01/90603028 http://www.tennessean.com/article/20090604/NEWS0201/906040347/1006/NEWS01/Tenn.+House+overrides+guns-in-bars+veto --- New York Senate Bars RKBA Advocates from Microstamping Meeting: ...On June 3rd State Senate leaders held a meeting with the company that is the sole source of microstamping technology, and with anti-gun individuals and groups such as the Brady Campaign and New Yorkers Against Gun Violence. The purpose of this meeting was to see the technology in its current form, and to plan the campaign for microstamping legislation in the State Senate. Pro-Second Amendment groups that tried to attend this meeting were barred at the door. Excluded were Tom King of the New York State Rifle & Pistol Association, Becky Williams of the National Rifle Association and Jake McGuigan of the National Shooting Sports Foundation (an industry group). This is only the latest instance of New York State lawmakers attempting to hide from pro-Second Amendment voters and organizations. In April of this year the State Assembly changed its long-planned "Gun Day" in order to avoid thousands of Sportsmen headed to Albany to protest legislation proposed to limit their rights. The NYSRPA condemns the State Senate for conducting New Yorkers' business behind closed doors, and for depriving New York's sportsmen and gun owners of a voice in shaping legislation that affects them. http://readme.readmedia.com/news/show/State-Senate-Leaders-Bar-NY-State-Rifle-Pistol-Assn-and-Other-Pro-Gun-Groups-From-Microstamping-Meeting/727270 --- Has Seattle Mayor Blinked?: Seattle Mayor Greg Nickels might be having second thoughts about moving forward with his controversial "dangerous weapons" ban. The executive order would effectively prohibit the possession of firearms on most city-owned properties. The ban has naturally drawn the criticism of Second Amendment rights groups and also Attorney General Rob McKenna, who has stated that it violates state preemption statutes... Over that timeline, however, the Mayor appears to have either cooled on the issue or at least become more surreptitious. Nickels has been a vocal proponent of tougher gun control laws. The one-year anniversary of the Folklife Shooting - a logical date for the gun-ban announcement - came and went over a week ago... Alan Gottlieb, of the Bellevue-based Second Amendment Foundation said that his organization had prepared legal action, lined up plaintiffs and was going to file a lawsuit the day that Nickels put his executive order in place... http://blogs.seattleweekly.com/dailyweekly/2009/06/is_mayor_nickels_backing_off_o.php --- Defense Fund for Oklahoma Pharmacist: Friends and supporters of pharmacist Jerome Jay Ersland of Chickasha have established an account at a local bank for anyone wanting to contribute to Ersland's legal defense. Ersland, 57, was charged with first-degree murder last week after he shot one of two teen-agers trying to rob the Oklahoma City pharmacy where he worked. Prosecutors say Ersland was justified in the intial shot that wounded and incapcitated the 16-year-old but he crossed the line into murder when he pumped an additional five shots into the youngster while he lay unconscious on the floor.Donations can be made to the "Jerome Ersland Defense Fund" at First National Bankd and Truct of Chickasha, 302 W. Chickasha Ave or P.O. Drawer 1130, Chickasha, 73302. Meanwhile, Ersland said Monday he's given his guns to his defense attorney... Box declined to say how many guns he was given but does say he took the weapons and other personal property as payment of part of his attorney fees. http://www.chickashanews.com/local/local_story_153155647.html --- Oops, Wrong House, Idaho Version: A man shot a suspected intruder in Coeur d'Alene on Monday night, and police are searching for two men accused of fleeing the scene. Police say Jake S. Smith, 18, and Eli C. Skalak, 29, were with Shae A. Crump, 24, at a home in the 1100 block of Margaret Avenue about 11:40 p.m. when the 74-year-old homeowner, awoken by his dog, fired his handgun, striking Crump in the arm. That came after the man saw Smith and Skalak, who were outside, turn "as if they were going to come back inside of his residence after him," according to a police news release. The homeowner called 911. A Kootenai Medical Center official called 911, too, after Crump showed up at the emergency room with a non-life-threatening gunshot wound, police said... http://www.spokesman.com/stories/2009/jun/03/homeowner-shoots-suspected-intruder/ --- Oops, Wrong House, Wisconsin Version: A Town of Ripon man held a burglar at gunpoint after he caught the suspect inside his home, warning 911 dispatchers that if the intruder even flinched, he would shoot... The case unfolded after the homeowner, 68, arrived home to find lights on inside his house just after 1 a.m. Friday. He parked his vehicle, armed himself with a handgun and confronted the burglar, who had apparently been removing items from the home and was going back for more, according to sheriff's officials. The same home had been burglarized a week earlier when coins and small engines were stolen. Investigators are reviewing whether Roehling may have also broken in to the victim's home in that case as well, according to sheriff's Lt. Bill Flood. When stopped by the homeowner on Friday, Roehling was allegedly attempting to take a large amount of cash, a gun and other items, according to a sheriff's office report... (I would think that someone whose home had recently been burglarized might take some precautions to prevent the theft of firearms inside the home.) http://www.jsonline.com/news/wisconsin/46733292.html --- Oops, Wrong Game Room: A 77-year-old Korean War veteran fired one round Monday, wounding one of two masked men suspected in the robbery of a game room on the outskirts of the city, authorities said. There were about 12 patrons inside Players Paradise, 4801 state Highway 146 Suite B, when a frequent guest knocked on the door, Capt. Brian Goetschius of Texas City police said... "They looked through the monitors and recognized him as being there before," Goetschius said. "They ordered everyone to the ground, went through several wallets and got the apron from the attendant." The veteran, Robert Hays of Texas City, was thrown to the ground, and then a suspect went through his wallet, Goetschius said. "The 77-year-old concealed gun permit carrier drew his .38-caliber revolver and shot one of the crooks," Goetschius said. "The crook immediately fell to the floor, and he dropped his gun and he lost a shoe." The men fled through the back door with an unknown amount of cash, and at 1:18 a.m. police were notified of a man suffering from a gunshot or stab wound checking himself into Clear Lake Regional Medical Center... http://www.galvnews.com/story.lasso?ewcd=55cfccb81709e5c4 --- Pastor Encourages Guns at Church - Sort Of: ...Most people consider church a sanctuary, a place of peace. But recently, church shootings have been in the headlines. Last Sunday, Kansas abortion Dr. George Tiller was shot and killed while ushering at his church. In March, an Illinois pastor was killed and two parishioners injured after a gunman opened fire during Sunday services. In July 2008, a gunman killed two people at a church youth performance in Knoxville, Tennessee. Despite this news, Ken Pagano, pastor of New Bethel Church in Valley Station, is encouraging people to bring their guns to church on June 27. "This is for anybody that believes in second amendment rights. And that is the buttress to first amendment rights," said Pagano. Pagano, a concealed carry instructor who served in the Marine Corps, is holding what he calls an Open Carry Celebration. "We're trying to promote responsible gun ownership and gun safety," Pagano said. People can come into the church wearing their gun as long as the weapon is unloaded and in a secure holster... "This will be the safest place in town that day," said Pagano... (Or the best place to stage a robbery to steal unloaded guns.) http://www.wave3.com/Global/story.asp?S=10473040 -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .