2A News: May 20, 2016 Newsletter by Jeff Pittman
Litigation
Gun Stores Have A Second Amendment Right To Do Business
A three-judge panel of the usually liberal and much-overturned Ninth US Circuit Court of Appeals has ruled 2-1 that “the right to purchase and sell firearms is part and parcel of the historically recognized right to keep and bear arms” protected by the Second Amendment. The author of the ruling, Judge Diarmuid F. O’Scannlain, also said that since the case was about the Second Amendment, it must be subjected to heightened scrutiny, beyond mere rational basis review.
The case challenged an Alameda County, CA ordinance that prohibits gun stores from being located within 500 feet of a residential zone. Apparently there are no parcels in the county that meet the ordinance’s requirement. The plaintiffs argued the regulation was tantamount to an outright ban. The case is Teixeira, et al. v. County of Alameda.
The ruling also noted that “At the time the Fourteenth Amendment was ratified, which McDonald held applied the Second Amendment against the States, at least some American jurists simply assumed that the ‘right to keep arms,’ necessarily involve[d] the right to purchase them,” and “As our predecessors recognized, logic compels such an inference. If ‘the right of the people to keep and bear arms’ is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear. Indeed, where a right depends on subsidiary activity, it would make little sense if the right did not extend, at least partly, to such activity as well.”
This is known as the legal principle of “duh.”
http://www.hoffmang.com/firearms/teixeira/Teixiera-v-Alameda-2016-05-16.pdf
Washington DC “Good Reason” Requirement Falls Again
For the second time as many years, a federal judge has ruled against the District of Columbia’s requirement that an applicant give a “good reason” to obtain a gun carry permit, saying, “Because the right to bear arms includes the right to carry firearms for self-defense both in and outside the home, I find that the District’s ‘good reason’ requirement likely places an unconstitutional burden on this right.” (How about listing the Bill of Rights as your “good reason?” — JP) The first judge’s ruling was overturned because the visiting federal judge apparently didn’t have proper jurisdiction, not because there was anything wrong with the merits of the ruling.
US District Judge Richard J. Leon evaluated the District’s law using the highest constitutional standard of review, “strict scrutiny,” reserved for infringements of “core” rights, and issued a temporary injunction pending an appeal, ordering the Metropolitan Police Department to stop requiring applicants to provide a “good reason.” We understand the ruling also prohibits police from enforcing a concealed carry ban temporarily while the constitutionality of the ban continues to be argued in court.
The District rarely agreed that applicants’ reasons were good enough (and self defense to stay alive wasn’t a good reason), and is likely to ask the District of Columbia Court of Appeals to stay the injunction pending an appeal of their order to stop trampling enumerated Constitutional rights.
Learn more:
- Judge’s opinion in D.C. gun case
- D.C. must generally grant gun-carry licenses to law-abiding adults, says federal judge
Machine gun ban upheld by federal appeals court
See “Machine gun ban upheld by federal appeals court.”
(Of course, there is no factual argument concluding that the Second Amendment doesn’t protect machine guns.)
A case currently before the US Circuit Court of Appeals for the Ninth Circuit examines “whether states can force firearms manufacturers to incorporate safety devices in their products.”
See “Ninth Circuit Ruling Could Hasten Smart Gun Mandate.”
Columbus, MS, Mayor Fined For Open Meetings Act Violation Relative To Firing Range
See “Columbus mayor fined for open meetings violation.”
Wisconsin Appellate Court Tosses Convictions Against Open Carry Advocate
See “Wisconsin Court Tosses Convictions Against Open Carry Advocate.”
Legislation
Jackson, MS, now has mandatory jail time (3 months to 1 year) for firing a gun inside the city limits. The ordinance already had an exemption for “police officers in the discharge of their duties” and for “the discharge of firearms at locations and times approved in advance by the chief of police.” I’m interested to see how this works out the next time a police officer “accidentally” fires his gun in the city. Or the security guard reported under “The Only Ones,” below. Of course there is no exception for citizens firing guns in self defense to save their lives.
The Mississippi Board of Trustees for the Institutions of Higher Learning (State College Board) has revised its firearms ban policy to recognize the statutory legality of CCW on IHL/university property by those with MS enhanced carry permits, EXCEPT, the Board says, for students and employees. Presumably that means that students/employees may be fired/expelled/disciplined for a “violation,” but could not be prosecuted (we already knew that). Isn’t it nice of the college board to change its rules to be consistent with state law? One would think the University of Mississippi’s School of Law would have already advised the Board….
The rule in question is Section 1106 on page 176:
http://www.mississippi.edu/board/downloads/policiesandbylaws.pdf
US government pushing “smart guns”
See also “NSSF Statement on White House ‘Smart Gun’ Initiative.”
Article on MS gun laws
In a VERY rare occurrence this week, the local paper had an article about MS gun laws which is mostly correct.
Facts About School & Other Mass Shooting Defense Tactics
Real Facts About School & Other Mass Shooting Defense Tactics
“The days of just hiding under your desk … those days are gone.” — Port Huron, MI, Public Safety Director Michael Reaves, who is among a growing number of law enforcement officials recommending an “assertive response” to an active shooter situation.
Ronald K. Noble, a law professor, served as assistant secretary and then undersecretary for enforcement at the Treasury Department during the first Clinton administration, from 1993 to 1996, directly supervising the BATF and implementing the Clinton administration’s gun control agenda, including denying a majority of FFL license renewals. Then Noble returned to teaching law at NYU until 2000 when he was elected the first non-European secretary-general of Interpol (International Police agency), where he served three terms until 2014. He now runs a global security consulting firm based in Dubai — RKN Global DWC LLC.
Noble now says his 14 years of close involvement in global counterterrorism changed his perspective on gun control, and this week, he has published a video, “Armed Citizens Can Help Stop Terrorist Massacres Like Nairobi and Paris,” about the 2013 mass shootings at the Westgate Mall in Nairobi. Noble explains the death count would have been hundreds more if not for the armed citizens who intervened: “In the hands of law-abiding citizens, guns can and do save lives.” Watch it, and remember this could be your local mall, and your kids.
10 critical factors about active killer response
http://www.thetruthaboutguns.com/2016/05/robert-farago/police-refining-active-shooter-response-strategy/
Election
Kent Terry, the brother of slain Border Patrol agent Brian Terry, who was murdered with one of ATF’s “Fast and Furious” guns, met with GOP presidential candidate Donald Trump at an event at a community college in Michigan, and says the presumptive Republican nominee will use his authority to act if he’s elected president. Terry said, “Mr. Trump said ‘It’s a shame Fast and Furious started and shame on them for what they are doing about it. When I become president I will open the books on Fast and Furious and Brian. God bless your family Kent.'”
Trump has also released his list of eleven potential SCOTUS nominees. Likely federal judicial appointments are by far the single most important issue when considering presidential candidates.
http://www.thetruthaboutguns.com/2016/05/ralph/breaking-trump-reveals-list-potential-scotus-nominees/
Win Hearts and Minds, by Oleg Volk
Read this article here.
Concealed carry holsters for women (video)
(Source: The Gun Feed)
Hero
The National Rifle Association has named San Bernardino police Officer Marcus Pesquera, a 7-week rookie at the time, its 2015 NRA Law Enforcement Officer of the Year. Pesquera also received the state of California’s Medal of Valor — that state’s highest award for police valor. Pesquera shot and killed a perpetrator who suddenly and violently attacked Pesquera and his partner with an autoloading rifle, wounding the partner in the ensuing gun battle.
Lawbreakers
We have a report that a coalition of criminal rights activists and US lawmakers are urging the federal government to consider changing the uniforms worn by National Park Service officers (Park Rangers) to make illegal aliens more comfortable on public lands. These accomplices say that currently, NPS officers look too much like immigration enforcement officers.
Enemies
Know thy enemy. Link to Al-Quaeda’s magazine:
(pdf available here)
Have you noticed that it’s common for the leftist gun grabbers to claim that the NRA represents firearms manufacturers and does what it does so that “the NRA can sell more guns?” (FYI, the National Shooting Sports Foundation, not the NRA, is the gun industry’s trade association.)
But the NRA supports laws to require police departments to keep and resell rather than destroy confiscated firearms, and to prohibit the expenditure of public funds on gun “buybacks.” In the past eight years, 11 states have passed NRA-backed laws encouraging or requiring police to resell confiscated guns.
This of course means that fewer competing new guns will be sold, and proves that the other side is lying. Again.
The Brady Bunch and US Sen. Charles Schumer (D-NY) are having a lover’s quarrel because they said “jump,” and he didn’t do it fast enough to suit them.
After talking head Katie Couric’s anti-gun “documentary” last weekend (Have you noticed how the media gins up a rash of anti-gun pieces in the week leading up to the NRA annual meeting?), we learn that she left some 4 hours of a John Lott interview on the cutting room floor. Wanna guess why? The ad for the piece claimed that “in the gun debate, truth is the ultimate weapon.” So by her own standards she’s unarmed.
The White House said Deputy National Security Advisor Ben Rhodes will not be testifying at a Tuesday House hearing because he “told the truth.”
Also from the White House, Jesse Moore, White House Associate Director of Public Engagement, sent out an email in which he urged Hollywood entertainers to use Twitter to promote gun control, and the White House press office is supplying propaganda for entertainers to adopt and use on their followers. (Why anyone would “follow” an entertainer is beyond me.)
“…when we look at crime rates and all that sort of stuff, it’s like, these are a bunch of bored kids that are unsupervised who don’t know how to play. If we start there — and then we give them a gun.” — First Lady Michelle Obama, on crime
Now I ask you, when you were a bored kid, did you go rob or shoot somebody to pass the time of day?
“Nothing good happens when you’re around guns unless you’re going hunting…” — Nick Saban, Fudd and University of Alabama head football coach
Facebook has implemented a new feature that allows users to flag posts that appear to be “describing the purchase or sale of drugs, guns or regulated goods,” following its announcement in January of a ban on gun sale advertising on the site, even when the sales are completely legal.
What if gun-savvy FB users use the tool to report pretty much every FB post as a banned sale, thus muddying the water? Oh wait, you guys stole my idea (see the comments):
http://www.thetruthaboutguns.com/2016/05/robert-farago/facebook-introduces-guns-sales-reporting-widget/
DGU
One perp is dead and two are in custody after a home invasion robbery in Troy, AL, very early Thursday morning when the intended victim, a father home with his one-year-old baby, took a gun from one of the perps and counterattacked. The two surviving “suspects” (one of whom was out on bond for a previous robbery charge at the time) have been charged with first degree robbery and with murder for the death of their accomplice. The homeowner will not be charged with anything.
Dept. of Idiocy
A 5 year-old girl was suspended from kindergarten on Monday for bringing a gun to Southeast Elementary School in Brighton, CO. The “gun” was a transparent plastic bubble gun. It blows bubbles. The school responded to criticism by saying “The bringing of weapons, real or facsimile, to our schools by students can not only create a potential safety concern….”
No word on whether the little rings you use to blow bubbles, your mouth used to blow bubbles, or the bubbles themselves are banned.
(Click to enlarge — image source: WAPT)
Meanwhile this week a security guard stopped a man attempting to attend a meeting of the Pima County Board of Supervisors in Tucson, AZ and confiscated his machine gun-shaped tie clasp from his necktie for the duration of the meeting. The offending “weapon” is a pewter tie clasp shaped like a 1921 Thompson submachine gun and is a little over two inches long.
“I’m less afraid of the criminals wielding guns in Baltimore, I declared as we discussed the issue, than I am by (sic) those permitted gun owners.” — Baltimore Sun columnist Tricia Bishop
I guess it’s a good thing you don’t have a constitutional right to be free of your psychotic fears. And I’m less afraid of criminals than I am of Chicken Littles trying to take my guns away because they’re so insecure about their own ability to get through life.
The Only Ones
Last week we reported on Eulalio Tordil, the federal Protective Services officer who apparently went on a two-day shooting spree in Maryland, killing three people including his estranged wife and wounding three more. Although Tordil voluntarily turned in the 7 guns that his wife had listed for a protective order and turned in his badge and service gun, he had other guns used in the shootings. Now the antigunners are saying that’s an argument to register all guns — so the government can confiscate them. But Maryland HAS gun registration.
Baytown, TX, 41-year-old federal prison guard Rodney Harrison was charged with deadly conduct, a Class A misdemeanor, in San Jacinto County after he was arrested last week by San Jacinto County Sheriff’s Chief Deputy Joe Schultea, Jr. Harrison was reported to have cut off and pulled a pistol on another motorist, and then fleeing at a high rate of speed.
University of Texas (Austin) police officer Cory Morrison “accidentally” shot himself Tuesday morning in the parking lot outside of the campus police department. This resulted in a serious but not life-threatening “cop leg” injury. Morrison was then placed on administrative leave (vacation) with pay. Morrison reportedly has 14 years experience with the department and 7 years in the military. We don’t know what he was actually doing wrong (one report indicates that the holstered pistol just went off by itself, while another says he was doing a “weapons check”), but we do know that the more you play with your guns, the more chances there are to make a mistake.
An unidentified security guard “accidentally” shot himself Wednesday morning in the parking lot of Strayer University in Jackson, MS, resulting in a non-life-threatening “cop leg” injury.
An unidentified Phoenix, AZ, police officer is under investigation for starting a 141-acre wildfire last month, apparently by firing tracer rounds.
Veteran Lowell, MA, police officer Jeffrey Halloran is facing departmental discipline after a “poor judgment” incident earlier this year when he did not properly turn in as evidence BB guns he confiscated on duty, an internal affairs probe has found. Halloran confiscated four air guns while on duty following an incident during which the guns were apparently used by kids to shoot from a window. Their mother apparently asked Halloran to take the guns. But instead of turning them in at the department, Halloran took them home and gave them to his own children and their friends to play with, without any adult supervision. (Massachusetts law prohibits the discharge of BB guns by a minor, unless accompanied by an adult who is the holder of a sporting/hunting license.) With such a fine example of responsibility to follow, predictably one child was shot by another in the mouth and leg with one of the air guns, sustaining injuries requiring treatment by a doctor.
Well Britain, you asked for it
We have a report that police chiefs in the UK are struggling to recruit enough officers willing to carry a gun to tackle a Paris-style terror attack, because the recruits (correctly — JP) fear they will be treated as criminal suspects if they use their weapon in the line of duty. Britain’s Deputy Chief Constable Simon Chesterman said potential recruits were being deterred because of fears they could spend years under investigation after a decision to fire on a suspect.
Carhartt vs. 9mm (Hint: Carhartt)
Four of the shots that NYPD cops fired at a “depressed Broadway stagehand” wearing a Carhartt jacket and waving a knife in Midtown failed to penetrate the jacket, so the NYPD is now looking at whether it has defective ammo.
Obit
Guy Clark, who had the Randall Knife song, has died.
MS hunting
Mississippi’s new spring squirrel season is currently underway, until June 1. Bag limit 4/day.
Hunting license prices go up July 1.
MS has also proposed a ban on the import of deer, elk, moose & caribou carcasses.
Beretta store
Beretta, the world’s oldest gunmaker, is opening its first US retail store. But it’s in Chicago. Illinois. In a mall that doesn’t allow weapons. And the store won’t sell guns. Why bother?
Products
- The NRA 2016 Annual Meeting starts today in Louisville, KY. Watch for some new product announcements.
- Update on the new 2-piece Shell Shock cartridge cases
- The Russian AN-94 select fire rifle has a 2-shot “hyper-burst” of 1800 rpm, allowing two shots downrange before the shooter can respond to the recoil. Subsequent shots come at 600 rpm for recoil control.
- The Streamlight ProTac 1L-1AA. I especially like the 2-way clip. $68.
- From Jerking the Trigger — Streamlight ProTac 1L-1AA
- From The Outdoor Wire — Streamlight Launches ProTac 1L-1AA
- Nighthawk Custom has partnered with Korth Arms of Germany to bring Nighthawk designed-Korth built revolvers to the US. Initial offerings will be the Mongoose, an L-framed .357 (3, 4, 5.25 and 6″ barrel lengths), the Super Sport, an L-Framed 6″ target/hunting/competition revolver and the Sky Hawk, a concealable 9mm, double action gun available in 2, 3 and 4″ barrel lengths.
- The Smith & Wesson Shield, now available in .45 ACP. With or without thumb safety.
http://www.smith-wesson.com/wcsstore/SmWesson2/upload/other/PS/2015/180022_spec.pdf
http://www.smith-wesson.com/wcsstore/SmWesson2/upload/other/PS/2015/11531_Final.pdf
- ANSCHÜTZ now has versions of their popular rimfire sporting rifles with 1/2″ x 28 tpi threaded barrels. Starting about $1300.
- Federal Premium has a new Personal Defense Micro HST load in 9mm, with a 150 grain bullet at 900 fps.
- QLine furniture with hidden compartments.
- Not new, but useful: .44 Special loads
- Butler Creek, in collaboration with Savage Arms, is now offering a new 25-round magazine for the Savage A17 semiautomatic .17 HMR rifle. $36. No word on whether it also works for the A22 (.22 WMR) rifle. If you don’t have a .17 HMR, you need one. Trust me.
- The Ka-Bar Tactical Spork. For the guy who has everything. $6.93.
Quote of the Week
“Be careful about following the masses. The ‘m’ may be silent.” — Nadine
