Why More Than 8 Rounds May be Needed for Self Defense

Ask the San Antonio, Texas, man in the following article.  He needed 13 rounds.

http://radio.woai.com/cc-common/mainheadlines3.html?feed=119078&article=10698919

How Congressional Reps Should Respond to Media on Gun Control

The media is in a gun control frenzy.  They love to bait gun control opponents with loaded questions.  Here is my proposed response that works with just about any question from the media:

"Let me get this straight.  Are you saying that Congress should pass laws infringing on the right of the people to keep and bear arms?"  Then, to paraphrase Stephen Colbert, "Have you read the Constitution?"

Even it more gun control were a good idea, it is NOT the province of the federal government under our federal system.  The first questions any congress person should ask before voting for ANY legislation is whether it is properly a matter for the federal government.  If the answer is no, vote no.

Under the Second amendment, it is the exclusive province of the states to regulate firearms.  "...Congress shall make no law...."  Not some laws.  Not limited laws.  Not reasonable laws.  No law.

No law means none, zero, zip.

I wish the Supreme Court could read plain English.

If gun regulation is such a great idea, persuade the state legislatures.

Piers Morgan Argument Destroyed...By Local Fact Check

FOX19.com-Cincinnati News, Weather

According to the Daily Mail: The most violent country in Europe: Britain is also worse than South Africa and U.S.

Erik Scott Family Files Civil Suit and Other Updates

The Las Vegas Sun is reporting that the Erik Scott Family has filed a state court lawsuit against Cosco as a result of the shooting of Erik Scott July 10, 2010.  It is case no. Case No. A-12-663162-C.  


They had filed and dropped a federal court suit against the Las Vegas police in March 2012.  Here is a Las Vegas Review-Journal article about why the suit against the police was dropped.


In January, 2011, one of the officers involved in the shooting was charged with indicted for giving a weapon to the person under a disability, i.e., a convicted felon.  According to a news report, he had accepted a pea to a misdemeanor and had been fined $2000 in District Court.  In May 2011, he was indicted on another charge of giving a weapon to a person under a weapons disability.   Las Vegas Sun article here.   A later news article in December 2011 from the Las Vegas Sun says the trial was set then delayed.  


Two of the other officers in the Erik Scott shooting have recieved national honors as police officers, according to CBS News Las Vegas.  




Our earlier posts:

7/19/2010
8/4/2010
8/10/2010
8/19/2010
9/8/2010
9/16/2010
9/17/2010
9/21/2010
9/23/2010
9/24/2010
9/27/2010
9/28/2010
9/29/2010

California Handgun Ammunition Law

A California court has found that the definition of handgun ammunition in the penal statutes is void for vagueness.

A copy of the decision is here.

Revell v. Port Authority: Legal Transportation of Firearms Updated

Last evening, I had the benefit of a flight cancellation due to weather that allowed me to spend an extra evening visiting with my daughter. In 2005, Greg Revell had a flight cancellation, that was not so lucky.

All travelers know that on rare occasions, flights get canceled or delayed and we may thus get stranded in some unexpected city overnight. It happens. In 2005, it happened to Greg Revell who was traveling from Salt Lake city to Allentown Pennsylvania. He was lawfully carrying an unloaded firearm and ammunition in his luggage. One may transport a firearm unloaded in a locked case inside checked luggage as long as you notify the airline at time of check-in. Normally, this is no big deal.

When Mr. Revell's flight landed late at Newark for a connection to Allentown, Mr. Revell missed his connection. By mistake, his luggage had been given a final destination of Newark. As a result, Mr. Revell also missed that bus by which the airline planned to take passengers to Allentown that night. Mr. Revell retrieved his luggage and spent the night in a local Newark hotel. He did not open his luggage at the hotel. The next morning, he checked in for his flight to Allentown and quite properly notified the airline at check-in about the firearm and ammunition in his to-be-checked luggage. Apparently because he did not have a New Jersey gun permit, the airline notified TSA who called the local police. Mr. Revell spent either 3 or 10 days (reports differ) in jail. A few months later, the police or prosecutor dropped the charges, but the gun was not returned to him until 2008, after filing suit.

Mr. Revell sued the Port Authority for a violation of his civil rights, because federal law generally permits transporting unloaded inaccessible firearms as long as possession of the firearm is legal at both the point of origin and the destination. Interestingly (as a side note), the Port Authority brought a third party claim against Continental Airlines. Here is the Third Circuit opinion in .pdf..

Affirming dismissal of Mr. Revevell's complaint, here is what the Third Circuit. in 20-20 hindsight, said Mr. Revevell should have done:

Although we conclude that Revell fell outside of §926A’s protection during his stay in New Jersey, we recognize that he had been placed in a difficult predicament through no fault of his own. However, Section 926 clearly requires the traveler to part ways with his weapon and ammunition during travel; it does not address this type of interrupted journey or what the traveler is to do in this situation. Stranded gun owners like Revell have the option of going to law enforcement representatives at an airport or to airport personnel before they retrieve their luggage. The careful owner will do so and explain his situation, requesting that his firearm and ammunition be held for him overnight. While this no doubt adds to the inconvenience imposed upon the unfortunate traveler when his transportation plans go awry, it offers a reasonable means for a responsible gun owner to maintain the protection of Section 926 and prevent unexpected exposure to state and local gun regulations.

The court does not give Revell the protection of the federal statute of transportation of firearms, because the firearms were accessible to him during his overnight stay.

Wow. Under that reasoning, if you travel by car, you must completely pass through any state that does not permit you to possess a firearm. Or, maybe you can leave it in th trunk of your car exposing it to potential theft. However, since the car is stopped, a firearm in the trunk may be accessible? What if you must stop for gas?

The case does not mention the Second Amendment, so apparently Second Amendment right to transport firearms is not at issue. The court did not discuss the theory underlying the third party complaint against Continental.

the Third Circuit decision has been appealed to the United States Supreme Court and a decision whether to hear the case is expected today. I will post it as soon as I can.

Update: The decision was not issued today. I will keep following this.
Further Update: The Court decided not to hear the case. Justice not done.

Tea Parties and the 2nd Amendment

Erik Scott, Aug 10 Update

Here are the links to Las Vegas's 8 News Now Stories to date on the Erik Scott shooting:

Vigil to Mark 1 Month Since Las Vegas Police Shooting

Police Radio Recordings Reveal Chaos of Costco Shooting

Family Attorney Outraged Over Inquest Delay

Inquest into Costco Shooting Postponed

Police Have Not Viewed Costco Surveillance Tapes

Eyewitnesses May be Unreliable in Costco Shooting

I-Team: Father of Man Shot by Police at Costco Speaks

Family Gets Chilling Account of Costco Shooting

Officer Involved in Costco Shooting Involved in 2006 Shooting

Man in Costco Shooting had Concealed Weapons Perm

The story will continue to develop, but slowly.

I assumed at one point that Costco may have been holding up the tape, but apparently police have sent the tape for forensic review due to issues with the Costco recording equipment. That seems odd. What good are any of the security tapes if Costco can't review them?

Woollard v. Sheridan et al.: Challenging Maryland Gun Law

The Second Amendment Foundation has filed suit in the State of Maryland challenging its gun permit law. To carry a handgun in Maryland, you need a permit. In addition to backgouround chaecks, the applicant must show and the Superintendent must determine that the applicant “has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.”

The complaint alleges among other things, "Individuals cannot be required to prove their 'good and substantial reason' for the exercise of fundamental constitutional rights, including the right to keep and bear arms."

The complaint also alleges,

On Christmas Eve, 2002, Woollard was at his home with his wife, son, daughter, and the daughter’s children, when an intruder broke into the home by shattering a window. Woollard trained his shotgun on the intruder, but the latter wrested the shotgun away, and a fight broke out between the two. The fight ended when Woollard’s son retrieved another gun and restored order pending the police’s arrival.

The Superintendent allegedly denied the permit, because Mr. Woollard did not submit evidence of threats outside the home.

The Heller and the McDonald cases in the United States Supreme Court established the right to keep firearms in the home for protection, but did go further than that. Cases develop the law slowly, because courts decide the law only as applied to the facts before them. The Maryland case will push past the boundaries of the right to possess firearms for self-defense in the home to the right to bear arms outside the home.

It will be years before this case reaches the Supreme Court of the United States, if it ever does. There are many steps between here and there and other possible resolutions. It is even possible that Maryland will fix its law first, so the court's do not have to strike it down. There is never a guarantee that any particular case will reach the Supreme Court. But, some are more likely than others and this one is right up there.

Michigan v. Dupree: Self Defense and Felony Gun Possession

Normally, a convicted felon may not possess a gun. To do so is a felony. That is because under Federal and many state laws, the felon is said to be under a firearms disability. On July 23, 2010, the Michigan Supreme Court in Michigan v. Dupree, Case No. 139396, found that a felon is permitted to possess a gun temporarily while the gun is used in self defense.

Here are the facts as presented to and apparently believed by the jury who acquitted Mr. Dupree of assault, but convicted him of the felony of possession of a firearm while under a disability:

By contrast, defendant and two other bystanders testified that the altercation began when Reeves shoved Adrian Dupree off the porch. Defendant told Reeves not to disrespect his sister-in-law and asked him to leave. Reeves then pushed defendant. The two men fell off the porch and began wrestling. Reeves’s shirt was pulled up, exposing a gun in the waistband of his pants. Defendant testified that he feared for his life because Reeves was larger than defendant, inebriated, and armed. Defendant stated that Reeves went for his gun and that defendant grabbed it to protect himself. As the two men struggled over the gun, defendant shot Reeves three times. Defendant kept the gun until he left with his female companion in her vehicle, throwing the gun out the window after he was some distance from the house.

Under Michigan law, if the defendant assert the affirmative defense of self defense, the prosecution must prove a lack of self defense beyond a reasonable doubt. Some states put the burden of proving self defense on the defendant.

As to how long after using the gun the felon may continue in possession, the court recited the following as to the facts in this case:

Additionally, defendant testified that he retained possession of the gun after he and Reeves separated and that he threw the gun from the window of his female companion’s vehicle once they had driven some distance from the house. However, the testimony is unclear whether Reeves remained in the vicinity of the house before defendant left the scene with his female companion. The record is similarly unclear concerning at what point Reeves no longer posed a threat to defendant, particularly because the testimony suggests that Reeves continued to challenge defendant for possession of the gun even after he had been shot three times.

As I interpret the decision, the case was sent back to the trial court for a new trial that would allow a jury to decide if Mr. Dupree retained the gun too long after its necessity for self defense. Also, the court made the decision under the Michigan weapons disability law. I have not researched whether any such defense has been or would be recognized under the Federal firearms disability law.

I want to make two points here. First, the Heller v. DC and McDonald v. Chicago cases affirming the Second amendment rights could both be read to support a future finding of constitutional right to self defense under the Ninth Amendment (which says that the rights enumerated in the bill of right are not all the rights that citizens possess).

Second, the blanket disability for felons possessing firearms is wrong. Not all felonies are violent crimes. If a bookkeeper embezzles $501 to pay a medical bill, should that bookkeeper be forever barred from being able to possess a firearm for defense of home and family? Legislatures, such as Ohio, have ratcheted nonsupport of children to the ranks of felonies. but nothing about that crime suggests that the offender who is merely a deadbeat is any sort of risk with a firearm. As the nanny-statists turn more and more minor wrongs into serious crimes. the unfair affect of firearms disability laws only get worse.

More Guns Helps DC Crime Rate

From John R. Lott concerning Washington DC since the Heller decision:

Washington’s murder rate has plummeted -- falling by 25 percent in 2009 alone. This compares with a national drop of only 7 percent last year. And D.C.'s drop has continued this year.

Comparing Washington’s crime rates from January 1 to June 17 of this year to the same period in 2008, shows a 34 percent drop in murder. This drop puts D.C.'s murder rate back to where it was before the 1977 handgun ban. Indeed, the murder rate is as low as was before 1967.

Other gun crimes have also fallen in Washington. While robberies without guns fell by 7 percent, robberies with gun fell by over 14 percent. Assaults with weapons other than guns fell by 7, but assaults using guns fell by over 20 percent.

Read his entire June 28, 2010 op-ed.

Somebody needs to tell Chicago's mayor Daley. Funny, liberals always seem to think that the logic invented inside their pointy little heads is more reliable than actual experience. News flash to gun banners: experience is more reliable than your elitist (il)logic.

Free Pass for Criminals in Oakland CA

Criminals get free reign in Oakland, California, as long as they are committing certain crimes, such as burglary, theft, grand theft embezzlement, identity theft and on and on, according to the The Bay Area.

Most of the "free pass" crimes are non-violent. To me, the crime that really sticks out here is burglary. In California's gun-unfriendly environment, unarmed citizens are at risk.

Abuse of Discretion: Gun Permit Denial

From the Des Moines Register:

A federal judge has lambasted an Iowa sheriff for denying a gun permit to an outspoken government watchdog and anti-abortion advocate whom some in the area considered "weird."

It was wrong for Osceola County Sheriff Douglas Weber to deny Paul Dorr of Ocheyedan a permit to carry a concealed weapon three years ago, according to a court ruling issued Wednesday.

Here is the best part:

U.S. District Judge Mark Bennett also ordered Weber to successfully complete a court-approved course on the U.S. Constitution within five months.

"In denying (Dorr) a concealed weapons permit, Sheriff Weber single-handedly hijacked the First Amendment and nullified its freedoms and protections," Bennett wrote in the ruling.

Reading the Constitution should be a prerequisite for running for office.

The Right to Keep and Bear Arms Under State Constitutions

See the link for Professor Volokh's list of state constitutional provisions that purport to guarantee the right to keep and bear arms.

I have previously quoted Ohio's Constitution:

The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.

Art. I, § 4 (enacted 1851).

Pamela Gorman in Arizona

What is not to like?



If she were running from Ohio, this ad would get my attention.

McDonald v. Chicago Decided By Supreme Court

Good-bye Chicago gun ban. But don't expect any reasonable right to carry there anytime soon.

Here is the opinion deciding that the Second Amendment applied to the states through the Fourteenth. This decision overturns Chicago's gun ban.

Chicago will still find a way to make gun ownership onerous or impossible.

Moron of the Day: Chicago Mayor Richard Daley Jr.

This is truly weird. Mayor Ricard Daley demonstrates how effective gun control is by threatening to stick a bayonet and bullet up the butt of a reporter. Don't believe me? Watch for yourself:

 

How effective can Chicago's gun ban be if it fails to keep guns out of the hands of its nut-job mayor?

Mayor Daley demonstrates that reporters need guns to protect themselves from ... Mayor Daley.

Interview With Armed Citizen in Walgreen's Gunfight

Worth watching. Harry J. McCullough III of Omaha, Nebraska, did everything right except that he did not have his concealed carry permit. He had the permit required to openly carry a gun in Omaha. He saved his own life and the lives of the innocents around him, although he killed the robber who wielded a short (sawed-off?) shotgun. It is not clear whether Mr. McCullough's gun was concealed or openly carried at the time

Video here.

The shooting happened April 26, 2010. The police ticket Mr. McCullough on suspicion of carrying a concealed weapon, but ultimately, McCullough was not charged. The police confiscated his handgun and have refused to allow him to register the replacement gun purchased from donations given to him by the Nebraska Firearms Owners Association. Story here.

Open Carry Encouraged by Prohibiting Concealed Carry

Out of Canada, here is a video on open carry in Wisconsin. Wisconsin prohibits all forms of concealed carry. Ironically, that prohibition encourages open carry as we see in the video shown here: http://www.torontosun.com/news/columnists/thane_burnett/2010/04/23/13698196.html

Third Circuit Burns Innocent Gun Owner in Revell v. Port Authority

Gun owner screwed by an airline delay and the State of New Jersey (not to mention the Third Circuit Court of Appeals). See Revell v. Port Authority.

I guess we don't need no stinkin' Second Amendment.