06 October 2008

Random Targets

William Shatner on Gun Control

Well, almost. This is a video clip of a scene from Shatner's TV show Boston Legal. I'm not going to spoil it for you by describing it. I've caught only a few episodes of the show and it is well done, though I don't always agree with the politics expressed. Let's just say that I approve of this particular message.





Chuck Norris NRA Ad

Chuck Norris, never one to mince words or be shy about his patriotism joined with the NRA to present this ad. He doesn't endorse any candidate, but simply reminds us some of what is at stake in this or any election. If you want to look at how your local candidates stand on gun rights, you can go to the NRAPVF site and enter your zip code for more information.




BREAKING NEWS:
Chicago Faces Incorporation Challenge


There are now two (2) incorporation challenges working their way through the court system. This is good news as it increases the odds that at least one court will decide favorably for gun owners.

The challenge to the Chicago gun ban, one similar to that in D.C., has now focused on the question of incorporation at the request of the court. Before deciding the merits of the case against the gun ban, the court will decide if the Second Amendment applies to the State of Illinois and Chicago. The case is McDonald v. City of Chicago, et al and you can read the brief for incorporation here.


California - Nordyke v. King, et al

As previously mentioned, the U.S. Supreme Court decision in the Heller case, holding that there is an individual right to own firearms, does not automatically apply to all of the states. Historically, the court has held that the Bill of Rights is a limitation on federal powers, not the states. Since the civil war, the court has "incorporated" the individual rights against the states in various decisions. Until a right is "incorporated" the states do not have to follow that limitation.

The most promising case is Nordyke, et al v. King, et al. In this appeal, Nordyke, who runs gun shows in California, filed suit over a decision by a county board of supervisors to prohibit gun shows on county lands (fairgrounds). The original case went through the courts and was appealed to the 9th Federal Circuit court of Appeals. This court supported the county, saying (at the time) the Second Amendment only protected a "collective right" nor did it apply to the states.

In light of Heller, attorneys for the Nordykes have filed an appeal with the 9th Circuit court. Since the Supreme Court has ruled that the right is an individual right instead of a collective one, part of the Circuit court's ruling is undermined. They ask the court to revisit the earlier decision.


But wait! There's more!

Because the California constitution acknowledges the U.S. Constitution as the supreme law of the land, one argument is that the 2nd Amendment is already incorporated (but no one acknowledges this). That is just one question of several that must be answered.

This case has attracted some major legal talent. Primary attorneys for the Nordykes are Don Kilmer and Don B. Kates, both of whom have written books on the 2nd Amendment. The Second Amendment Foundation submitted a supporting brief written by Alan Gura who successfully argued the Heller case before the Supreme Court. Gura's brief is one very persuasive document that disassembles the opposition. The current briefs to date are listed below.

In the original case, a three-judge panel decided against Nordyke. In their decision, however, they had problems with existing (pre-Heller) decisions. They essentially provided a roadmap for incorporation which Gura, Kates and Kilmer have followed.

If this case is decided favorably, it opens the door to challenging thousands of state gun laws. States like California and Massachusetts will have to defend their laws on strict constitutional grounds.

Litigants Briefs:


10/01/08



Comments or questions? Email me.


24 September 2008

Stuff At Random

On the Election

This election season, according to some who have looked up these things, is reminiscent of the election between Thomas Jefferson and John Adams. Lies, innuendo, dirty tricks, a highly biased media and a confused public left behind. Living in a state that Democrats believe is theirs, we aren't seeing on television the kinds of ads some of you are. They're getting seriously ugly. Frankly, I'm appalled. Some of this is politics, of course. But when the media simply stares out the window when Obama's campaign mocks Senator McCain because he is disabled and cannot use a computer for very long -- well, that tells me our news organizations are simply arms of the Democrat party. By association, Franklin Roosevelt should not have been elected President because he could not drive a car.

In one of my previous posts I said I'd rather vote for Jabba the Hut than Obama-Biden. I mean that. Here we are just months from the election and I still cannot figure out what positions Obama has a firm stance on, except gun control.

Lastly, the first Vice Presidential debate is scheduled for October 2. I expect Palin will show up well against even an experienced trough-feeder like Biden. But, the rumor mill is working overtime. "The" rumor has it that just after that debate, Biden will announce he's stepping down due to some serious "illness". This will allow Obama to bring Hillary on board as his VP candidate with the obvious hope of re-energizing his campaign at the 11th hour. The background for the rumor is that Biden's frequent slips in the press that show up as criticism of Obama or the campaign have annoyed the Chicago Kool-Aid drinkers so much that they want him out.

N.Y. Times - What Constitution?

The old gray lady, the N.Y. Times has long been known as a bastion of ultra-liberal thinking. Any more, it seems that senility is the major requirement for a reporter to land a job. Or, at least, no knowledge of the basic constitutional principles of our country.

In the Times Freakonomics blog, Stephen J. Dubner asks for ideas to curb gun deaths. With such a question, one might think that asking police officers, criminologists or perhaps even firearms experts what we might do. But no. His sources are a reformed gang member, an avowed anti-gun "researcher" (used by the Brady Campaign), one of NY Mayor Bloomberg's anti-gun lawyers and a professor at the anti-gun Harvard school of medicine.

Their solutions?
1) Provide large monetary awards for anonymous tips to police that a person has a gun. Great idea. Gerry Gangbanger calls police on his wealthy looking target and lets the police check him for weapons. If he's got a gun but isn't arrested, Mr. Gangbanger can look for a safer victim. If no gun shows up, the poor guy will be a bit rattled and be an easier victim.

2) Punish the entire family of a minor involved in "gun violence." This came from a reformed gang member, so perhaps he doesn't realize the ramifications here. He claims the parents are should be financially responsible for the actions of their minor children. Including garnishing their wages for their entire lives and having them pay all outstanding debts. He also mentions forcing the parents to serve half the time of the perpetrator. Yeah. That makes sense. One kid in the family gets served a drug-spiked drink, is forced to commit a robbery or homicide to blackmail him into the gang. If he's caught, his siblings are turned into wards of the state, his parents jailed, likely their life savings drained by lawyers and the child is in jail too. Then, while they're trying to restart their lives, they're kept in the poorhouse by garnished wages. I guess punishing a single working mother AND her three kids, who's father ran out on them (or is in prison), makes perverted sense.

3) The Harvard professor wants a National Firearm Safety Administration. Such an agency would, in his view, control everything from the design of guns to the materials they're made of. Of course that would include how many steps it would take to actually fire the gun. Don't worry about all those evil "assault weapons" though. With a wave of an administrative rule-making wand, those would be outlawed like lawn-darts.

125 Shot Dead In Chicago Over Summer
CBS News Reports

CBS news reported that 125 people were killed in Chicago over the summer and that is almost twice the number of U.S. Troops killed in Iraq in the same time period. What a stunning revelation! The entire country of Iraq is a safer place than Barak Obama's "Gun Free" Chicago!

CBS identified Chicago’s high murder rate as almost totally gang related and geographically isolated. Chicago police spokeswoman Monique Bond said in an e-mail, "Up to 60 percent of the shootings are gang related. More than 90 percent of the offenders have criminal histories and up to 80 percent of the victims have criminal histories."

Wait. Play that again. A full 90 percent of the offenders have a criminal history. And, they have guns. And 80 percent of the victims are also criminals. Yet only 60% are gang related? I'm beginning to wonder if all that confiscated marijuana is making it to the evidence lockers. Yes, it is appalling that 20% of the victims are apparently non-criminals. But one wonders how many of those victims were involved in buying drugs, prostitution or some other "victimless crime". One also wonders how many of this 20% might still be alive if Chicago allowed citizens to defend themselves.

The map, which accompanied the CBS story, can be found here. It shows the numbers are geographically condensed in a few neighborhoods. Unfortunately, no demographics are available about these areas.

27 August 2008

American Heroes

No. 1 - Brian Fentiman

There a number of newspaper and television items dedicated to highlighting the acts of heroism by our soldiers in Iraq. I think it's about time to acknowledge our American Heroes here at home, in civilian attire.

We Americans usually pride ourselves on our compassion for others. Be it helping survivors of a hurricane, flood or earthquake or those who take hot food to elderly neighbors in the midst of a harsh Minnesota winter. Others put their lives on the line to defend a total stranger from criminal violence. They do it freely, without reward or compensation. These are all heroes.

Mr. Fentiman's actions helped save the lives of two women, an infant, himself and his fiancée. By involving himself in a situation where others were at apparent risk, Mr. Fentiman showed the true American spirit.

It was June 28, 2008, a Saturday, just two days after the Supreme Court announced its 5-4 ruling that Washington, D.C., citizens have the right to bear arms under the Second Amendment. Mr. Fentiman, who buys and renovates inner-city homes, along with his fiancée Maria, had spent the day showing real estate investors their investment properties in York.

They were on their way to Hanover, Pennsylvania to visit Mr. Fentiman's mother around 8 p.m. when they came upon what looked like a rear-end traffic accident. However, what Mr. Fentiman and his fiancée had come across was a case of out-of-control road rage.

Douglas Allen Need, along with his passenger Fred William Minnich, were driving recklessly when Need swerved in front of another car on east Philadelphia Street and was hit from behind. In a fit of road rage, he stormed out of his car, went back to two young women and a baby in the car that hit his, reached through the driver's window and started beating the driver violently.

She was able to break free and drive her car to the only place she could go -- the parking lot of a local beer distributorship next to the street. Need ran back to his car, squealed his tires into the parking lot and looked as though he was going to broadside the women's car with them still inside. At the last moment, he swerved his car around and blocked her from escaping.

Fentiman, seeing all this, pulled into the parking lot, got out of the car and yelled at Need to leave the women alone while Need's passenger, Minnich, was in the parking lot. The woman got out of her car and escaped into the store. Need followed but only moments later exited the store back into the parking lot.

Both Need and Minnich were uncontrollably enraged and seemed deranged past the point of caring who they hurt. They threatened that they had guns and were going to kill people. At one point, Minnich, armed with a box-cutter, entered the store and chased Evan Rineer of Columbia. During this chase, Minnich yelled, "You are here now, but you'll be dead by tomorrow" as he chased Rineer in the beer distributorship.

During this time, Need ran to the driver's side door of Fentiman's car and started pounding on the window, shouting at Fentiman's fiancée who was inside the car with the engine running. Fearing is fiancée's life was in danger because of the previous death threats, Fentiman drew his .45 caliber pistol, chambered a round and ordered Need to step away from the car. Need angrily complied.

Need then returned to the center of the parking lot, according to witnesses, and continued with threats and deranged behavior. After Fentiman went to the driver's door of his car, Need turned back and came at him, waving his arms and shouting, "just shoot me".

Fentiman ordered him to stay back, but Need closed the distance. At approximately five feet, Need put his hand into his pocket and Fentiman fired a round into Need's left thigh. Apparently unfazed, Need reached out and grabbed Fentiman by the shirt, ripping the top button and grabbed his right arm.

A second shot rang out at point-blank range into Need's thigh. The .45 caliber slug ripped through Need's femoral artery. Need went down and Fentiman nervously stepped back from his assailant.

York City Police Officer Kenneth Fogleman responded to the area after hearing shots. He had drawn his weapon and ordered Fentiman to drop his firearm, when Minnich came running out of the beer distributor door screaming and striking his chest. Fogleman had to take his attention off Fentiman to focus on Minnich, who charged at him and repeatedly asked to be shot.

Fogleman subdued and handcuffed Minnich. He then turned his attention to the now disarmed Fentiman who surrendered without incident. As he was being led, handcuffed, to a police car, one of the women he had defended thanked Fentiman for saving her life.

Douglas Allen Need died at York hospital. Fred William Minnich was charged with simple assault, disorderly conduct by engaging in a fight and public drunkenness. Minnich remains free on his own recognizance pending his Sept. 5 arraignment in York County Court.

Three weeks after the incident, the York District Attorney ruled that Fentiman's actions were justifiable and no charges would be brought.

Fentiman doesn't see himself as a "hero" and he says it is still hard to come to terms with taking another man's life. He's gone to a psychiatrist to help him deal with the emotions that come with taking a life. "He was a human being, he had a life and it was my actions that stopped him."

Fentiman's fiancée, Maria, says, though traumatic, this has brought them closer. Maria paid for Fentiman's concealed carry permit as a gift because he worked in such run-down parts of the city.

Mr. Fentiman tells his own story in The York Daily Record and how he copes with the aftermath. It is worth reading for his insights.

Know someone who's an American Hero for defending others? Tell us about it by writing to: blogeditor@handgunclub.com