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Gun Law News

I present for your consideration Sportsmen for Clinton? and Sportsmen for Obama? The next presidential election will be especially important in case the Democrats retain control of the House and Senate.

 
Obama's Illinois Years
User Rating: / 0
Tuesday, 19 February 2008

Over at Sportsmen for Obama? I am accumulating information on Obama and gun control from his time in the Illinois Senate. The NRA has been generous.

Research continues. If you have any input, please let me know at admin at sportsmenforobama.org.

Thanks. 

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Lawyer Sentenced
User Rating: / 3
Monday, 18 February 2008

From NSSF Bullet Points:

William S. Lerach, a former partner of the law firm Milberg Weiss that was responsible for representing numerous cities in litigation against lawful firearms manufacturers, has been sentenced to two years in prison and ordered to forfeit pay in the amount of $7.75 million following his guilty plea of conspiracy to obstruct justice. The frivolous lawsuits filed by Milberg Weiss, seeking to hold lawful firearms manufacturers responsible for the actions of criminals, led to the passage of the Protection of Lawful Commerce in Arms Act.

I hate to gloat on the misfortune of Mr. Lerach. But when your behavior is criminal, you may just end up with a good friend named Bubba watching your backside. 

Mr. Lerach can now consider himself a prohibited person. Isn't that somehow poetic? 

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Hero of the Day
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Monday, 18 February 2008

My choice is Robin Adams of Longview, Texas. Here is why: Clerk dodges bullet, shoots back. Her critical success factors where:

  1. A plan and preparation to respond.
  2. A fast reaction without panic.
  3. Follow through.

While concentrating on her choice to live, CNN ignores one point. Without a firearm to respond with, the perp would have had an easy second and third shot opportunity.

As a reward for her fast thinking, Robin gets to see her kids for another day. What more could she ask for? 

For you clerks in New York or Massachusetts or  Rhode Island or Illinois, good luck.

 

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D.C. v. Heller
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Monday, 11 February 2008

Today is the day that amicus briefs are due from the Heller side. As I write this, there are 23 briefs in support of Heller, and one that attempts to stab Heller in the back. As a comparison, 19 briefs were filed for D.C.

The day is young and it will take time to get the complete list. Here is a list of Amicus briefs for Heller available in guns case.

If you only have time to read one, check out the one from the Members of Congress and Vice-President Cheney. Note that Cheney signed this brief and not the Department of Justice brief. 

Noon MT Update: The collection is growing.

8:00 AM MT 12 Feb: There are now 43 briefs. ScotusBlog has been Johnny on the Spot, so that is probably it. 

9:00 AM MT 13 Feb: The brief count seems to have settled at 47. Over at The Volokh Conspiracy, David Kopel is going through the briefs one by one.

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Pulling Defeat From the Jaws of Victory
User Rating: / 0
Friday, 08 February 2008

The American Hunters and Shooters Association once again proves itself an enemy of gun rights.

They have filed an amicus brief in the D.C. v. Heller case. Their argument is that the Second Amendment is based upon both an individual and collective rights theory. Additionally they argue that D.C.'s gun law is a violation of the D.C. home rule law. They seem quite proud of the fact that they argue that the D.C. gun ban should be shot down for non-Constitutional reasons.

The home rule argument is key. If the Supreme Court was to shoot down the D.C. gun law based upon a home rule argument, they can continue their seventy year tradition and bypass any ruling on the Constitutional bounds of the Second Amendment.

Shaping their arguments they way they did, they can:

  • Claim to support the Second Amendment by fighting for the downfall of the D.C. gun laws,
  • Protect every other gun law in the nation by getting the D.C. law overturned based upon a violation of D.C. home rule.
  • Attempt to take credit for overturning the D.C. gun law. 

If effect, the AHSA acts to neuter the efforts of every person that has worked on Parker v. D.C. and D.C. v. Heller.

Consider them as trying to win the battle and lose our war. 

Update: ThirdPower goes into detail in Brady sockpuppet submit Amici.

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Federal Gun Microstamping Law
User Rating: / 1
Friday, 08 February 2008

 Kennedy is at it again having introduced S.2605, "A bill to require certain semiautomatic pistols manufactured, imported, or sold by Federal firearms licensees to be capable of microstamping ammunition" yesterday.

It now sits in the Senate Judiciary committee. 

Representative Xavier Becerra has introduced the same bill into the House as H.R.5266. It predictably sits in the House Judiciary committee. 

Being so new, the text is not up yet.

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Guns and the National Park Service
User Rating: / 1
Thursday, 07 February 2008

National Park carry is something we have been interested in quite awhile. The VCDL has carried the banner. And last session George Allen introduced Senate Bill 4057 - The National Park Second Amendment Restoration and Personal Protection Act of 2006. Being the end of the session, there was no time for it to go anywhere.

January 29th, Senator Coburn introduced Senate Amendment 3967 to eviscerate the power to disarm from the Department of the Interior. As long as you are following state and local law where you are, within National Parks and National Wildlife Refuges, there would be no federal restrictions on firearm possession.

There are already ten cosponsors. One of those is John McCain. 

Expect the Brady Bunch to be screaming about blood in the streams. 

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