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Yesterday the Supreme Court ruled that the City of Chicago’s handgun ban was unconstitutional and the right to keep and bear arms is fundamental to the Constitution.
Many have called this a stunning victory, but before you pop the cork on the champagne you’ve been saving for a special occasion, let me warn you: the devil is in the details.
This decision does not fundamentally change our continued need to fight to preserve and advance our right to keep and bear arms.
In the majority opinion, Justice Samuel Alito stated, “We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as “prohibitions on the possession of firearms by felons and the mentally ill,” “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” Id., at ___–___ (slip op., at 54–55). We repeat those assurances here. Despite municipal respondents’ doomsday proclamations, incorporation does not imperil every law regulating firearms.
What Justice Alito and the court is saying is simple: your right to keep and bear arms is fundamentally guaranteed so long as you abide by the state and federal laws which restrict those same rights.
In the end, some of the worst gun control may be struck down. In some cases, it may only take a few months. Other cases will grind through repeal after repeal. More supreme court cases in 2-5 years are all but guaranteed.
Meanwhile, anti-gunners will seize on every upheld state law as an opportunity to pass new gun control and they will respond to every defeated gun control law with new legislation designed to continue their anti-gun crusade (as congress did with the gun-free school law after it was struck down and the District of Columbia after losing in the Heller case).
Even anti-gun groups like New Yorkers Against Gun Violence are trumpeting the ruling and pointing out that wording of the ruling means, “your [Second Amendment] rights can be restricted.”
Chicago Mayor Richard Daley is already plotting to pass a host of new restrictions on handgun ownership in Chicago, which may follow the letter of the Court’s decision, but will make the requirements for ownership so onerous that the ban will remain in all but name.
Now more than ever gun owners must be active in the public policy arena. The anti-gunners in Washington D.C. and State Legislatures across the country are sure to be preparing the next round of attacks against our rights.
In D.C. anti-gunners like Diane Feinstein and Chuck Schumer want to ban all private firearms sales, and Hillary Clinton is working hard to force United Nations gun bans on American citizens.
And in states legislatures many of the little details of our right to keep and bear arms are under assault – and are being compromised – every day.
Make no mistake, the McDonald decision is not a magic bullet that will reverse generations of gun control legislation.
The only way to fight the anti-gunners is to organize grassroots activists and to turn up the heat on anti-gun politicians.
Gun owners like you must continue to organize in grassroots groups like the National Association for Gun Rights. You and I must continue to put pressure on anti-gun politicians both in your local state house and in Washington D.C.
Despite the Supreme Court’s ruling in McDonald v. Chicago, the city of Chicago will continue to be hostile territory for gun owners. Chicago Mayor Richard Daley is working to impose some of the most draconian gun control laws in the nation.
CHICAGO (AP) — With the city’s gun ban certain to be overturned, Mayor Richard Daley on Thursday introduced what city officials say is the strictest handgun ordinance in the United States.
The measure, which draws from ordinances around the country, would ban gun shops in Chicago and prohibit gun owners from stepping outside their homes, even onto their porches or garages, with a handgun.
The ordinance, which Daley urged the City Council to pass, also would :
– Limit the number of handguns residents can register to one per month and prohibit residents from having more than one handgun in operating order at any given time.
– Require residents in homes with children to keep them in lock boxes or equipped with trigger locks.
– Require prospective gun owners to take a four-hour class and one-hour training at a gun range. They would have to leave the city for training because Chicago prohibits new gun ranges and limits the use of existing ranges to police officers. Those restrictions were similar to those in an ordinance passed in Washington, D.C., after the high court struck down its ban two years ago.
– Prohibit people from owning a gun if they were convicted of a violent crime, domestic violence or two or more convictions for driving under the influence of alcohol or drugs. Residents convicted of a gun offense would have to register with the police department.
– Calls for the police department to maintain a registry of every handgun owner in the city, with the names and addresses to be made available to police officers, firefighters and other emergency responders.
Click here to read the full article.
While the Supreme Court’s ruling in McDonald v. Chicago is a step in the right direction, nothing will really change. The anti-gunners will continue to attack the Second Amendment one way or another.
WASHINGTON—The Supreme Court ruled for the first time that gun possession is fundamental to American freedom, giving federal judges the power to strike down state and local weapons laws for violating the Second Amendment.
In a 5-4 ruling, the court held that the Second Amendment’s right to keep and bear arms is a fundamental right that binds states.
The Supreme Court’s ruling is likely to lead to years of litigation across the country as lower courts decide how far the right to bear arms extends and which restrictions are unconstitutional. Justice John Paul Stevens, in dissent, said the 2008 ruling has already triggered a “tsunami of legal uncertainty.” He predicted more “confusion, upheaval and burden on the states.”
Click here to read the full article.
I’m happy to report that we’ve scored an important, albeit temporary, victory.
House Speaker Nancy Pelosi had planned to force a vote on the outrageous DISCLOSE Act — which could silence the National Association for Gun Rights and hundreds of other conservative groups not protected by the NRA’s sellout — today.
But over the last three days politicians and the NRA got a thumping from liberty-loving folks like you!
Now Politico.com is reporting that Pelosi has pulled the DISCLOSE Act off the calendar and there will not be a vote today.
This is a sure sign that our grassroots pressure is working.
But we cannot ease up, not even for a moment. Even if you’ve already taken multiple actions, I urge you to contact both your Congressman and the NRA today and insist this rotten deal be buried for good.
Our capitol hill sources say that while the vote on the outrageous DISCLOSE Act may have been pulled for today, Pelosi and her anti-gun, anti-freedom allies will look for the first sign of weakness to force the DISCLOSE Act through Congress.
While we have momentum on our side, we must continue to put pressure on Congress to oppose the outrageous, anti-freedom DISCLOSE Act.
The more pressure we continue to put on Congress, the more likely we are to continue to bog down the DISCLOSE Act.
That is why it’s so important that you call your Congressman and demand that they publicly oppose the anti-freedom DISCLOSE Act.
The DISCLOSE Act is a direct attack on your First Amendment right to petition Congress and mention legislation or voting records during election season.
You and I both know that election season is the best time to hold politicians accountable for their anti-gun votes. The DISCLOSE Act is designed to silence grassroots conservative activists LIKE YOU and protect the fat-cat politicians in Washington.
Without free speech, our Second Amendment rights are certain to perish.
Understand that the DISCLOSE Act will affect every political organization you belong to, on any and every issue. It’s destruction of liberties is without parallel in American history, and sure to lead to tyranny.
Now, until this week, the DISCLOSE Act appeared doomed, but the NRA struck a deal with anti-gunners Nancy Pelosi, Chuck Schumer (the Senate sponsor) and Harry Reid. In exchange for exemptions from the bill’s outrageous and expensive disclosure requirements, the NRA now tacitly supports the anti-free speech DISCLOSE Act.
Even an NRA board member and prominent First Amendment attorney is opposed to their outrageous sellout.
Here’s what you can do to help keep the heat on:
• Please, take a few moments today and call your member of Congress at (202) 224-3121. Demand that he respect the rights of gun owners and publicly oppose the DISCLOSE Act (H.R. 5175).
• Call the NRA at (800) 672-3888 and demand that they knock it off and stop pandering to the liberals. Tell them to denounce the DISCLOSE ACT for what it is, an attack on both our First and Second Amendment rights.
It is vital that we keep the pressure up. We may have won an important, temporary victory, but the DISCLOSE Act is far from dead.
Please call your member of Congress at (202) 224-3121 and demand that he publicly oppose the draconian DISCLOSE Act (H.R. 5175).
Thank you for your dedication to preserving our rights. Your continued perseverance may be the only thing that stands between us and the anti-gun majorities in Washington.
For liberty,
Luke O’Dell
Director of Operations
I have some good news and some bad news to share with you about the NRA free speech sell out.
First, the good news.
Our pressure is working. It appears the momentum behind the anti-free speech DISCLOSE Act may be losing steam. Grassroots outrage over the NRA’s sickening attempt to cozy up to anti-gun Democrats like Chuck Schumer and Nancy Pelosi is slowing down the bill.
Today, Forbes is reporting that Democrats are feeling the heat over their devils’ pact with the NRA.
That is good news, but the bad news is worse…
Establishment leaders from both parties may very well try to sneak this legislation through when we least expect it.
In my 17 years as a gun rights lobbyist I’ve seen it all. They may try to change the name of the bill, change the bill number, sneak it through as an amendment to another, unrelated bill, or even force a midnight vote on the legislation.
These sort of back-room histrionics are common place in Washington D.C.
Let me remind you of what’s at stake.
Liberal Democrats want to silence conservative groups like the National Association for Gun Rights.
The DISCLOSE Act is a direct attack on your First Amendment right to petition Congress and mention legislation or voting records during election season.
You and I both know that election season is the best time to hold politicians accountable for their anti-gun votes. The DISCLOSE Act is designed to silence grassroots conservative activists LIKE YOU and protect the fat-cat politicians in Washington.
Without free speech, our Second Amendment rights are certain to perish.
Understand that the DISCLOSE Act will affect every political organization you belong to, on any and every issue. It’s destruction of liberties is without parallel in American history, and sure to lead to tyranny.
Now, until this week, the DISCLOSE Act appeared doomed, but the NRA struck a deal with anti-gunners Nancy Pelosi, Chuck Schumer (the Senate sponsor) and Harry Reid. In exchange for exemptions from the bill’s outrageous and expensive disclosure requirements, the NRA now tacitly supports the anti-free speech DISLCOSE Act.
In exchange for thirty pieces of silver, the NRA has agreed to play Judas and betray the rights and freedoms they have long claimed to support.
This sell-out is so bad that even NRA board members are now calling it for what it is: a vile inside deal.
NRA Board Member Cleta Mitchell told today’s Washington Post: “This is not just ‘disclosure.’ It is a scheme hatched by political insiders to eradicate disfavored speech. There is no room under the First Amendment for Congress to make deals on political speech, whether with the NRA or anyone else.”
We may have temporarily stalled the onslaught against our rights, but the battle is far from over.
If we ease up now, the anti-gun Democrats and their toadies in the NRA will quietly push the DISCLOSE Act through Congress and silence your First Amendment right to defend your Second Amendment rights.
That is why we must redouble our efforts and continue to put pressure on the NRA and your members of Congress to oppose this outrageous attack on our First AND Second Amendment rights.
Here’s what you can do to help:
- Call your Congressman and your U.S. Senators at (202) 224-3121. Demand that they publicly oppose the anti-free speech DISCLOSE Act (H.R.5175)
- Call the NRA at (800) 672-3888 and tell them to stop pandering to liberals. Tell them to denounce the DISCLOSE ACT for what it is, an attack on both our First and Second Amendment rights.
- Chip in $5, $10 or $15 to help the National Association for Gun Rights fight against the DISCLOSE Act.
I can’t stress how critical the next 48 hours may be for the future of this legislation. We may have temporarily stalled this legislation, but this is just a skirmish. We must continue to press our advantage until we’ve won the battle.
Please call your Congressman and your U.S. Senators and tell them to publicly oppose the anti-free speech DISCLOSE Act (H.R.5175).
Your immediate action is invaluable, and vital!
Washington is ablaze with news about the NRA’s abandonment of free speech.
Some of you still may not believe the NRA could strike such a gruesome deal with Harry Reid and Nancy Pelosi on the DISCLOSE Act, which is sponsored by the Senate’s most shrill gun-hater, Chuck Schumer (D-NY).
Those of you still not convinced need to view this morning’s Wall Street Journal editorial, which jumped into the fray, decrying the NRA’s sell-out and pointing out that their exemption is not only dangerous but abandons their natural allies.
“Cutting a special deal at the expense of the First Amendment with lawmakers who have decided for now to stop gutting the Second Amendment reveals an NRA that is unprincipled and will be weaker for it in the long run” – Wall Street Journal, 6/16/2010
Or you can check out this story from Roll Call:
“The National Rifle Association is publicly pledging to uphold its end of the bargain with House Democratic leadership over a measure to roll back a controversial Supreme Court decision on political spending.” – Roll Call, 6/15/2010
The NRA response (which can be read here) is somewhat different than you might get on the phone if you call NRA HQ.
Some members are reporting the NRA is responding with “Who, us??” while others report the response as “We oppose DISCLOSE”. But both of these responses are the type you’d expect from politicians, not allies in the fight for freedom (which they aren’t).
But to better arm you in this battle, here is a supply of fact-tipped ammo:
- Every news source in Washington, and the NRA itself (in the NRA’s own words, linked above) agree that an exemption for the NRA itself (which would not apply to any other gun rights group) will remove their opposition to the DISCLOSE Act.
- The existence of the exemption, in the form of an amendment to the DISCLOSE Act, is not being debated by anyone, only whether or not this deal with the Democrats serves their members (again, read the alert).
- Only a few organizations will be exempted, as is the intention.
- If gun owners do not have the right to free speech, our firearms freedoms are going away… quickly.
How, after all, can we defend the Second Amendment if we’re not allowed to talk to voters, the general public, or even our own members?
How can politicians be held accountable if organizations cannot discuss their votes? That’s the ultimate politician protection device.
Though the NRA can say it’s a one-issue group (just as we are), mark my words: if we get rid of either the First or Second Amendment, the other is sure to follow.
What can you do?
Call the NRA again, as soon as possible, and urge them to kill the DISCLOSE Act, not cut a deal to pass it. Call them at 1-800-672-3888 today.
URGENT ALERT: NRA cuts deals to limit free speech
Three prominent Washington D.C. websites are reporting what many capitol insiders warned of: the National Rifle Association has made a deal with the devil (i.e. anti-gun Democrats Nancy Pelosi and Harry Reid) to limit the free speech of Americans in exchange for their carved-out exemption.
While some pro-gun rights advocates may think free speech does not matter or that nothing another gun advocacy group does should ever be questioned, the National Association for Gun Rights and I take a very different view.
Without the right to free speech, we are defenseless in the battle to save our Second Amendment rights.
Let me be clear: restricting our First Amendment rights is the first step to stripping us of our Second Amendment rights, and should be resisted at every turn.
We don’t care who you are or what an organization may have done in the past – we only care about whether your actions will promote or harm our rights.
And frankly, this craven deal by the NRA will damage our gun rights and our free speech rights. After you read up on the facts, I ask you to give the NRA an earful by calling 1-800-672-3888 and insist they renounce the deal with Pelosi and Reid. Believe me, it is not too late if you will get involved.
Though at first objecting to the DISCLOSE Act, which would radically limit the free speech of organizations and thus, gun owners, the NRA has now agreed to an exemption for their organization (and other mammoth, mostly liberal, organizations like AARP and probably Moveon.org) in exchange for support of the Democrats’ bill.
This legislation would place draconian limitations on the ability of organizations to voice their opinions on politicians, and by extension, their legislation. The chilling effect on free speech would be difficult to overstate.
Along with their tacit endorsement of Senator Harry Reid, the NRA is signaling that they trust the Democrats will spare the Second Amendment from further assaults.
But that’s a strategy of appeasement, and to put it bluntly, it’s insane. It just delays the inevitable.
Winston Churchill addressed this strategy when he said “An appeaser is one who feeds a crocodile, hoping it will eat him last.”
Background:
This is not the only time the NRA has cut a deal to harm gun owners and gun rights in the glare of an anti-gun media frenzy.
Just a three years ago, the NRA joined with arch gun-hater Rep. Carolyn McCarthy (D-NY) to pass H.R. 2640, the Veteran’s Disarmament Act. When gun control advocates saw the Virginia Tech shootings as an opportunity to pass gun control, the NRA immediately signed the documents of surrender and actively lobbied Congress to pass legislation that will disarm tens of thousands of Americans, including veterans.
Why did they do that? Frankly, they were more concerned with what the media and Washington power-bosses were saying than their loyal-to-a-fault members.
Similarly in 2004 when, desperate to pass the Firearms Manufacturers’ Lawsuits Protection bill, the NRA dangled a re-authorization of the Clinton Assault Weapons ban in front of hungry politicians. The deal was going to be that if anti-gun politicians voted for the Lawsuit Protection bill, the NRA would not oppose re-authorization of the sun-setting Clinton Gun Ban.
Thankfully, a coalition of groups led by the National Association for Gun Rights joined together to kill that deal by exposing it to the light of honest gun owners across this nation… just like we are doing now. In that fight, after a few weeks of excuses and covering their tracks, the NRA backed off of the deal, the Lawsuit Protection Bill still passed and the Clinton Gun Ban ended.
What can you do?
Tell the NRA you’ve had enough, and urge them to kill the DISCLOSE Act, not cut a deal to pass it. Call them at 1-800-672-3888 today, as it may be too late tomorrow.
The anti-gunners in California are at it again. They’re now attempting to ban open carry. Open carry is currently legal in California as long as the gun is unloaded. Apparently unloaded guns are still too much for the squeamish gun-haters to stomach.
California residents need to respectfully urge their representatives to vote against this outrageous assault on the 2nd Amendment.
Last week, the California State Assembly passed a bill to ban Open Carry, the practice of openly carrying handguns in public. The bill now heads to the State Senate. Should it become law, that practice would become a crime.
It’s currently legal to openly carry a gun in public in California as long as it’s not loaded. Some open carry practitioners will carry ammo in a separate pocket.
Supporters of the bill argue that the practice intimidates the unarmed and wastes police resources because officers frequently have to respond to worried callers saying there’s a person with a gun outside Starbucks, or a similarly crowded public space.
Too many people don’t understand that a right not exercised is a right lost. It’s a shame that the author of this article doesn’t understand that simple fact.
Carrying a gun out in the open is, to me, the equivalent of the guy in the next car with the blaring, bass-heavy stereo system. Okay, great, so you’ve got a loud radio; what exactly does that prove other than that you know where “10″ is on the volume knob? Are you going to peel out and burn rubber when the light turns green, too, just so you can stop at the next red light two blocks away?
There’s nothing wrong with people owning guns. But seeing a group of guys gather at the local caffeinator with sidearms strapped feels like overkill. What exactly are you trying to prove? It doesn’t sounds like someone exercising a Second Amendment right. It doesn’t even sound like someone who wanted to get a cup of coffee. It sounds like someone with a really loud radio who wanted to play it really loud so you’d know he’s got a really loud radio.
When a pair of hikers were confronted by a charging grizzly bear in Denali National Park, one of them shot the bear with a .45 handgun. If firearms were still outlawed in national parks, both of these hikers would probably be dead.
A backpacker shot and killed a grizzly bear in Denali National Park and Preserve on Friday after the animal charged toward his hiking companion. This is the first shooting incident since a change in federal law that allows firearms to be carried in many national parks and wildlife refuges went into effect in February.
This is also the first known shooting of a grizzly bear in the wilderness portion of the park by a visitor.
According to park spokeswoman Kris Fister, the backpackers were hiking in an area about 35 miles from park headquarters when they heard noise in nearby brush. The male hiker drew a .45-caliber pistol he was carrying, and when the bear emerged and charged toward his female hiking companion, he fired about nine rounds toward the grizzly.
Click here to read the full article.
Thanks to Chicago’s gun ban, an 80-year-old Chicago man may face charges after shooting an intruder.
The Supreme Court is currently hearing McDonald v. Chicago, which could repeal Chicago’s longstanding handgun ban. But justice may come too late for an elderly Korean War vet who was simply defending his 83-year-old wife and 12-year-old grandson. The Chicago Sun-Times reports that this man had been robbed at home “a couple of months ago” by “three intruders.” Afterwards, he “bought a gun and vowed never to be a victim again.” Around 5:00 this morning, 30-something Anthony Nelson broke into the home by breaking out a back window that leads to the elderly couple’s unit. There was a confrontation between the home invader and the homeowner, and the invader shot at the elderly man with his revolver. The homeowner shot back with his handgun, killing the attacker.
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