Author Archives: Kevin

Product review…Taurus Judge.

Yesterday I received a new (to me) firearm for one of my customers and thought I would write a review.

Here is how Taurus describes this pistol.

“The “Taurus Judge®” is so named because of the number of judges who carry it into the courtroom for their protection. Capable of chambering both .410 2-1/2″ shotshell and .45 Colt Ammunition, this amazing combo gun is ideal for short distances – where most altercations occur, or longer distances with the .45 Colt ammo. We have finely tuned the rifling to spread the shot pattern at close quarters or to guide the .45 cal. bullet to the target. Fully customized with fixed rear sights, fiber optic front sights and Taurus Ribber Grips®, the “Taurus Judge” is one decision-maker that lays down the law.”

Next…technical (Source)
Model: 4510-3MBCT
Finish: Blue
Caliber: .45/.410 (2.5″ chamber)
Grips: Ribber
UPC: 7-25327-60763-2
Capacity: 5 Barrel Length: 3″
Construction: Steel Frame: Compact Action: DA/SA
Front Sight: Red Fiber Optic Fixed Length: 0 Grooves: 6
Safety: Firing Pin Block,Transfer Bar Trigger Type: Smooth

Visually this is an attractive gun, the finish is a gloss blue over the entire firearm. with the exception of the trigger and hammer. The grips are the “Ribber” style used by Taurus, I like the grips, they have always given a very comfortable grip to me and the grip angle points nicely as well. The name is engraved on the barrel and is done attractively.
This pistol has a smooth faced trigger that broke at 3.9-4 lbs pre-cocked, and 11.9-11.15 Lbs on a full stroke.
Seeing as this is a customers gun, I was unable to do a range session, but this seems like a well made gun, the ability to use .410 shells as well as .45lc in one gun is a really cool concept that while not new, allows for some interesting abilities for home defense to hunting.

Share

ON SHEEP, WOLVES, AND SHEEPDOGS

By LTC(RET) Dave Grossman, RANGER,
Ph.D., author of “On Killing.”

Honor never grows old, and honor rejoices the heart of age. It does so because honor is, finally, about defending those noble and worthy things that deserve defending, even if it comes at a high cost. In our time, that may mean social disapproval, public scorn, hardship, persecution, or as always, even death itself. The question remains:
What is worth defending?
What is worth dying for?
What is worth living for?
– William J. Bennett – in a lecture to the United States Naval Academy November 24, 1997

One Vietnam veteran, an old retired colonel, once said this to me: “Most of the people in our society are sheep. They are kind, gentle, productive creatures who can only hurt one another by accident.”

This is true. Remember, the murder rate is six per 100,000 per year, and the aggravated assault rate is four per 1,000 per year. What this means is that the vast majority of Americans are not inclined to hurt one another. Some estimates say that two million Americans are victims of violent crimes every year, a tragic, staggering number, perhaps an all-time record rate of violent crime. But there are almost 300 million Americans, which means that the odds of being a victim of violent crime is considerably less than one in a hundred on any given year. Furthermore, since many violent crimes are committed by repeat offenders, the actual number of violent citizens is considerably less than two million.

Thus there is a paradox, and we must grasp both ends of the situation: We may well be in the most violent times in history, but violence is still remarkably rare. This is because most citizens are kind, decent people who are not capable of hurting each other, except by accident or under extreme provocation.

They are sheep. I mean nothing negative by calling them sheep. To me, it is like the pretty, blue robin’s egg. Inside it is soft and gooey but someday it will grow into something wonderful. But the egg cannot survive without its hard blue shell. Police officers, soldiers, and other warriors are like that shell, and someday the civilization they protect will grow into something wonderful. For now, though, they need warriors to protect them from the predators.

“Then there are the wolves,” the old war veteran said, “and the wolves feed on the sheep without mercy.” Do you believe there are wolves out there who will feed on the flock without mercy? You better believe it. There are evil men in this world and they are capable of evil deeds. The moment you forget that or pretend it is not so, you become a sheep.

There is no safety in denial.

“Then there are sheepdogs,” he went on, “and I’m a sheepdog. I live to protect the flock and confront the wolf.” If you have no capacity for violence then you are a healthy productive citizen, a sheep. If you have a capacity for violence and no empathy for your fellow citizens, then you have defined an aggressive sociopath, a wolf. But what if you have a capacity for violence, and a deep love for your fellow citizens? What do you have then? A sheepdog, a warrior, someone who is walking the hero’s path. Someone who can walk into the heart of darkness, into the universal human phobia, and walk out unscathed.
Let me expand on this old soldier’s excellent model of the sheep, wolves, and sheepdogs. We know that the sheep live in denial, that is what makes them sheep. They do not want to believe that there is evil in the world. They can accept the fact that fires can happen, which is why they want fire extinguishers, fire sprinklers, fire alarms and fire exits throughout their kids’ schools. But many of them are outraged at the idea of putting an armed police officer in their kid’s school. Our children are thousands of times more likely to be killed or seriously injured by school violence than fire, but the sheep’s only response to the possibility of violence is denial. The idea of someone coming to kill or harm their child is just too hard, and so they chose the path of denial.

The sheep generally do not like the sheepdog. He looks a lot like the wolf. He has fangs and the capacity for violence. The difference, though, is that the sheepdog must not, can not and will not ever harm the sheep. Any sheep dog who intentionally harms the lowliest little lamb will be punished and removed. The world cannot work any other way, at least not in a representative democracy or a republic such as ours. Still, the sheepdog disturbs the sheep. He is a constant reminder that there are wolves in the land. They would prefer that he didn’t tell them where to go, or give them traffic tickets, or stand at the ready in our airports, in camouflage fatigues, holding an M-16. The sheep would much rather have the sheepdog cash in his fangs, spray paint himself white, and go, “Baa.” Until the wolf shows up.

Then the entire flock tries desperately to hide behind one lonely sheepdog.

The students, the victims, at Columbine High School were big, tough high school students, and under ordinary circumstances they would not have had the time of day for a police officer. They were not bad kids; they just had nothing to say to a cop. When the school was under attack, however, and SWAT teams were clearing the rooms and hallways, the officers had to physically peel those clinging, sobbing kids off of them.

This is how the little lambs feel about their sheepdog when the wolf is at the door.

Look at what happened after September 11, 2001 when the wolf pounded hard on the door. Remember how America, more than ever before, felt differently about their law enforcement officers and military personnel? Remember how many times you heard the word hero? Understand that there is nothing morally superior about being a sheepdog; it is just what you choose to be. Also understand that a sheepdog is a funny critter: He is always sniffing around out on the perimeter, checking the breeze, barking at things that go bump in the night, and yearning for a righteous battle. That is, the young sheepdogs yearn for a righteous battle.

The old sheepdogs are a little older and wiser, but they move to the sound of the guns when needed, right along with the young ones.

Here is how the sheep and the sheepdog think differently. The sheep pretend the wolf will never come, but the sheepdog lives for that day. After the attacks on September 11, 2001, most of the sheep, that is, most citizens in America said, “Thank God I wasn’t on one of those planes.” The sheepdogs, the warriors, said, “Dear God, I wish I could have been on one of those planes. Maybe I could have made a difference.” When you are truly transformed into a warrior and have truly invested yourself into “warriorhood”, you want to be there. You want to be able to make a difference. There is nothing morally superior about the sheepdog, the warrior, but he does have one real advantage. Only one. And that is that he is able to survive and thrive in an environment that destroys 98 percent of the population.

There was research conducted a few years ago with individuals convicted of violent crimes. These cons were in prison for serious, predatory crimes of violence: assaults, murders and killing law enforcement officers. The vast majority said that they specifically targeted victims by body language: Slumped walk, passive behavior and lack of awareness. They chose their victims like big cats do in Africa, when they select one out of the herd that is least able to protect itself. Some people may be destined to be sheep and others might be genetically primed to be wolves or sheepdogs. But I believe that most people can choose which one they want to be, and I’m proud to say that more and more Americans are choosing to become sheepdogs.

Seven months after the attack on September 11, 2001, Todd Beamer was honored in his hometown of Cranbury, New Jersey. Todd, as you recall, was the man on Flight 93 over Pennsylvania who called on his cell phone to alert an operator from United Airlines about the hijacking. When he learned of the other three passenger planes that had been used as weapons, Todd dropped his phone and uttered the words, “Let’s roll,” which authorities believe was a signal to the other passengers to confront the terrorist hijackers. In one hour, a transformation occurred among the passengers – athletes, business people and parents. — from sheep to sheepdogs and together they fought the wolves, ultimately saving an unknown number of lives on the ground.

There is no safety for honest men except by believing all possible evil of evil men. – Edmund Burke — Here is the point I like to emphasize, especially to the thousands of police officers and soldiers I speak to each year. In nature the sheep, real sheep, are born as sheep.

Sheepdogs are born that way, and so are wolves. They didn’t have a choice.

But you are not a critter. As a human being, you can be whatever you want to be. It is a conscious, moral decision. If you want to be a sheep, then you can be a sheep and that is okay, but you must understand the price you pay. When the wolf comes, you and your loved ones are going to die if there is not a sheepdog there to protect you. If you want to be a wolf, you can be one, but the sheepdogs are going to hunt you down and you will never have rest, safety, trust or love. But if you want to be a sheepdog and walk the warrior’s path, then you must make a conscious and moral decision every day to dedicate, equip and prepare yourself to thrive in that toxic, corrosive moment when the wolf comes knocking at the door.

For example, many police officers carry their weapons in church. They are well concealed in ankle holsters, shoulder holsters or inside-the-belt holsters tucked into the small of their backs. Anytime you go to some form of religious service, there is a very good chance that a police officer in your congregation is carrying a weapon. You will never know if there is such an individual in your place of worship, until the wolf appears to massacre you and your loved ones.

I was training a group of police officers in Texas, and during the break, one officer asked his friend if he carried his weapon in church. The other cop replied, “I will never be caught without my gun in church.” I asked why he felt so strongly about this, and he told me about a cop he knew who was at a church massacre in Ft. Worth, Texas in 1999. In that incident, a mentally deranged individual came into the church and opened fire, gunning down fourteen people. He said that officer believed he could have saved every life that day if he had been carrying his gun. His own son was shot, and all he could do was throw himself on the boy’s body and wait to die. That cop looked me in the eye and said, “Do you have any idea how hard it would be to live with yourself after that?”

Some individuals would be horrified if they knew this police officer was carrying a weapon in church. They might call him paranoid and would probably scorn him. Yet these same individuals would be enraged and would call for “heads to roll” if they found out that the airbags in their cars were defective, or that the fire extinguisher and fire sprinklers in their kids’ school did not work. They can accept the fact that fires and traffic accidents can happen and that there must be safeguards against them. Their only response to the wolf, though, is denial, and all too often their response to the sheepdog is scorn and disdain. But the sheepdog quietly asks himself, “Do you have any idea how hard it would be to live with yourself if your loved ones were attacked and killed, and you had to stand there helplessly because you were unprepared for that day?”

It is denial that turns people into sheep. Sheep are psychologically destroyed by combat because their only defense is denial, which is counterproductive and destructive, resulting in fear, helplessness and horror when the wolf shows up. Denial kills you twice. It kills you once, at your moment of truth when you are not physically prepared: you didn’t bring your gun, you didn’t train. Your only defense was wishful thinking. Hope is not a strategy. Denial kills you a second time because even if you do physically survive, you are psychologically shattered by your fear, helplessness and horror at your moment of truth.
Gavin de Becker puts it like this in “Fear Less”, his superb post-9/11 book, which should be required reading for anyone trying to come to terms with our current world situation: “…denial can be seductive, but it has an insidious side effect. For all the peace of mind deniers think they get by saying it isn’t so, the fall they take when faced with new violence is all the more unsettling.” Denial is a save-now-pay-later scheme, a contract written entirely in small print, for in the long run, the denying person knows the truth on some level. And so the warrior must strive to confront denial in all aspects of his life, and prepare himself for the day when evil comes. If you are warrior who is legally authorized to carry a weapon and you step outside without that weapon, then you become a sheep, pretending that the bad man will not come today. No one can be “on” 24/7, for a lifetime. Everyone needs down time. But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself…”Baa.”

This business of being a sheep or a sheep dog is not a yes-no dichotomy. It is not an all-or-nothing, either-or choice. It is a matter of degrees, a continuum. On one end is an abject, head-in-the-sand-sheep and on the other end is the ultimate warrior. Few people exist completely on one end or the other. Most of us live somewhere in between. Since 9-11 almost everyone in America took a step up that continuum, away from denial. The sheep took a few steps toward accepting and appreciating their warriors, and the warriors started taking their job more seriously. The degree to which you move up that continuum, away from “sheephood” and denial, is the degree to which you and your loved ones will survive, physically and psychologically at your moment of truth.

Lt. Col. Dave Grossman is an internationally recognized scholar, author, soldier, and speaker. He is the author of the Pulitzer Prize nominated book, On Killing.

Share

Michigan “Friends of the Second Amendment” Dinner

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org
March 09, 2010

Dear GOA Members, Supporters and Friends:

Gun Owners Of America is pleased to announce our “Friends of the Second Amendment” dinner to be held at Sindbad’s at The River, located at 100 St. Clair Street, Detroit, Michigan on Saturday, March 27, from 5 P.M. until 8 P.M.

To get directions to Sindbads, please go to: http://www.sindbads.com/flash/index.html

This year’s dinner will be highlighted with a special address from keynote speaker Larry Pratt, Executive Director of Gun Owners of America. Many noted local, state and federal political figures will also be on hand to answer your questions.

Tickets to this event are $50 per person, $75 per couple, and $40 per person for a table of eight ($320). This includes a one-year membership (or extension) to GOA, plus door prizes, a silent auction of your favorite firearms accessories and a firearms raffle.

Dinner proceeds will go to Gun Owners of America.

Dinner Menu Includes:

Michigan Venison Kabobs, Sesame Chicken, Fresh Fried Clam Strips,
Italian Sausage with Peppers and Onions and Fruit, Vegetable & Cheese trays.

To confirm your attendance by credit card go to: http://gunowners.org/midinner.htm

To confirm your attendance by check (before March 23rd): Mail to 8001 Forbes Place, Springfield, VA 22151. Please make checks payable to GOA with “GOA Dinner” noted on the memo line.

Share

POLL: MOST AMERICANS SAY CITIES HAVE NO RIGHT TO BAN HANDGUNS

BELLEVUE, WA – A new Rasmussen poll has revealed that an overwhelming majority of Americans reject the notion that cities have a right to ban handguns, siding with the Second Amendment Foundation’s position in its lawsuit to overturn the Chicago ban.

Oral arguments in the SAF case were heard by the U.S. Supreme Court on Tuesday. Court observers predict the high court will overturn the Chicago ban, thus incorporating the Second Amendment to state and local governments through provisions in the 14th Amendment. Results from Rasmussen’s national telephone survey found that 69 percent of the respondents say cities have no right to ban legal handgun ownership, while 25 percent believe cities can ban guns.

“The Rasmussen survey clearly shows that Americans have grown weary of anti-gun municipal demagoguery,” said SAF Executive Vice President Alan M. Gottlieb. “A victory in our case before the Supreme Court should send a clear signal to gun prohibitionists like Chicago Mayor Richard Daley that arbitrarily disarming law-abiding citizens under the guise of fighting crime is an idea that has no place in this country.”

SAF is joined in its case by the Illinois State Rifle Association and four Chicago residents, including Otis McDonald, for whom the Supreme Court case is named.

The Rasmussen poll also found very little difference between current public sentiment and earlier surveys that noted 70 percent of American adults believe the U.S. Constitution guarantees the individual right to own a firearm.

“For years,” Gottlieb said, “the anti-gun lobby has been claiming majority support for its Draconian agenda, but polling data like this new information from Rasmussen shows that the public is not about to surrender a significant civil right. We believe the Supreme Court is on the verge of expanding the scope of that right by applying the Second Amendment to the states.”

The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

Share

U.S. Supreme Court Hears Chicago Gun Ban Case

NRA-ILA GRASSROOTS ALERT
Vol. 17, No. 9 03/5/10

U.S. Supreme Court Hears Chicago Gun Ban Case

On Tuesday, March 2, the U.S. Supreme Court heard oral arguments in the case of McDonald v. City of Chicago. The case may well decide the scope and nature of gun laws in the United States for decades to come. The final decision will be handed down in a few months, most likely in June.

As we’ve reported in past alerts and in NRA magazines, McDonald is one of two challenges to the Chicago handgun ban that were filed immediately after gun owners’ landmark 2008 victory in District of Columbia v. Heller. After the Seventh Circuit U.S. Court of Appeals ruled-wrongly-that 19th century cases denied any right to Second Amendment protection against state and local laws, both McDonald and the companion case, NRA v. City of Chicago, were appealed.

The Court agreed to hear the McDonald case, but since that decision would affect the NRA case equally, the NRA was also a party to the McDonald case, and the Court granted us a share of the oral argument time.

Share

Public Invited to Attend DNRE Open Houses to Discuss Deer Management Plan

The Department of Natural Resources and Environment is inviting the public to participate in the deer management planning process. Four public meetings have been held, and another four are occurring in the next couple weeks. The DNRE will present and discuss the draft statewide deer management plan. These meetings will be held 7 to 9 p.m. EST, with the exception of the Crystal Falls meeting, which will be held from 6 to 8 p.m. CST.

“These open houses are to present the first draft of the Deer Management Plan to the public and to receive comments on the plan,” said John Niewoonder, DNRE wildlife habitat biologist.” The citizen-based Deer Advisory Team, DNRE staff and others involved with the recommendations for this plan have worked diligently to create this document.”

Local staff will be available after the meeting for other deer questions; the open house portion will focus solely on the draft plan. The plan is available for review on the DNRE Web site under www.michigan.gov/dnrhunting.

Public open house locations and dates are as follows:

Tuesday March 9, Comfort Inn, 13954 State Highway M-28, Newberry

Wednesday March 10, Forest Park Elementary School, Multi Purpose Rm., 810 Forest Parkway, Crystal Falls (6 to 8 p.m. CST).

Tuesday March 16, Quality Inn, 3121 East Grand River Ave., Lansing

Thursday March 18, Northwood University, Sloan Building, Rm. 210, 4000 Whiting Dr., Midland

Individuals can also submit written comments via e-mail or U.S. mail. Send comments to: John Niewoonder, DNRE Wildlife Division, P.O. Box 30444, Lansing, MI 48909, or via e-mail, at dnr-wld-wild@michigan.gov.

Persons with disabilities needing accommodations for effective participation in the meeting should contact Alice Stimpson at 517-373-1263, or at stimpsona@michigan.gov, at least seven days prior to the meeting date to request mobility, visual, hearing, or other assistance.

The DNRE is committed to conserve, manage, protect, and promote accessible use and enjoyment of the state’s environmental, natural resource, and related economic interests for current and future generations.

Share

Stores Land in Gun-Control Crossfire

By VANESSA O’CONNELL And JULIE JARGON

Starbucks Corp. and some other chain stores in the U.S. are finding themselves caught in the middle of a firearms debate, as gun-control advocates go up against a burgeoning campaign by gun owners to carry holstered pistols in public places.

The “open carry” movement, in which gun owners carry unconcealed handguns as they go about their everyday business, is loosely organized around the country but has been gaining traction in recent months. Gun-control advocates have been pushing to quash the movement, including by petitioning the Starbucks coffee chain to ban guns on its premises.

Businesses have the final say on their property. But the ones that don’t opt to ban guns—such as Starbucks—have become parade grounds of sorts for open-carry advocates.

Starbucks on Wednesday, while bemoaning being thrust into the debate, defended its long-standing policy of complying with state open-carry weapons laws, in part by stating that its baristas, or “partners,” could be harmed if the stores were to ban guns. The chain said that in the 43 states where open carry is legal, it has about 4,970 company-operated stores.

The company added: “The political, policy and legal debates around these issues belong in the legislatures and courts, not in our stores.”

In 29 states, it’s legal to openly carry a loaded handgun, without any form of government permission. Another 13 allow an unconcealed loaded handgun with a carry permit, according to opencarry.org, which is a loosely organized Web forum for the movement.

In California, where it’s legal to carry a gun openly without a license in most places as long as it’s unloaded, growing numbers of armed people have been turning up at Starbucks, restaurants, and retailers, with handguns holstered to their belts to protest what they contend are unfair limits on permits to carry a concealed weapon.

The open-carry movement began spreading in 2004 after some pro-gun advocates in Virginia began researching state laws and discovered that many states don’t have laws to prevent unconcealed carry of handguns.

“The concealed carry movement has been successful but open carry is coming up,” in popularity, said Mike Stollenwerk, a retired Army lieutenant colonel and co-founder of the opencarry.org site.

“I feel other people have the right to carry firearms into a business if it’s okay with the business,” said William Moore, a carpenter from Lynwood, Wash., and an open-carry advocate who says he doesn’t carry firearms into Starbucks coffee shops.

A group called Protest Easy Guns plans on Saturday to protest Starbucks’s policy of allowing customers in open carry weapons states to carry guns inside the coffee shops. The group of women said on Thursday that it plans to demonstrate outside an Alexandria, Va., Starbucks.

Supporters are spreading in Wisconsin, Michigan, Pennsylvania, Louisiana, and other areas. Some are making lists of “OC-friendly” locales, and encouraging boycotts of businesses with no-weapons signs. Wal-Mart Stores Inc., Home Depot Inc., Best Buy Co. and Barnes & Noble Inc., are designated as “open-carry” friendly in some online forums or say they abide by existing laws. “Our practice is to comply with local and state laws,” said Best Buy spokeswoman Sue Busch Nehring.

Open-carry proponents are also taking advantage of some momentum in state legislatures to expand gun rights, although most new and pending measures don’t specifically address unconcealed handguns.

Open carry hasn’t been part of the official focus of the pro-gun lobbying group, the National Rifle Association, which has 4 million members.

In the past 20 years, the NRA has focused on expanding the ability of U.S. gun owners to carry a handgun in a concealed manner.

Today, 38 states have a “shall issue” permit process. Two states don’t require a license to conceal carry. Eight states have “may issue” concealed carry laws, meaning permits will be given with the discretion of a local politician or police officer.

“We support the self-defense rights of law-abiding Americans in accordance with local, state and federal laws,” says Andrew Arulanandam, an NRA spokesman, who declined further comment on open-carry activity.

Some chains have banned guns from their restaurants, even in open-carry states, because of the impact it could have on non-gun-carrying customers.

“We are concerned that the open display of firearms would be particularly disturbing to children and their parents,” said a spokesperson for the California Pizza Kitchen restaurant chain.

A Peet’s Coffee & Tea spokesperson said that while the firm “respects and values all individuals’ rights…our policy is not to allow customers carrying firearms in our stores or on our outdoor seating premises unless they are uniformed or identified law enforcement officers.”

The Brady Campaign to Prevent Gun Violence, which partnered with Credo Action, an activist group that uses mobile phones to effect social change, says it has collected more than 28,000 signatures on a petition to get Starbucks to change its policy.

Allowing customers who are armed with unconcealed guns on the premises “can’t be good for business—it galvanizes people, and some of them won’t patronize Starbucks after this,” said Joshua Horwitz, executive director of the Educational Fund to Stop Gun Violence, a gun-control organization in Washington, D.C.

Indeed, not all baristas agree that the Starbucks policy protects them. “I think the policy shows complete disregard for the safety and sentiments of their workers. The only thing worse than a yuppie upset with how their frappuccino turned out is a yuppie with a gun who’s unhappy with how their frappuccino turned out,” says Erik Forman, a Starbucks barista and union member in Minneapolis.

The IWW Starbucks Workers Union on Wednesday issued a statement, saying “We appreciate the vigorous debate taking place by principled individuals on both sides of this issue. However, to date we are not aware of any efforts by Starbucks to widely engage its workers who are directly affected by open-carry gun laws. We believe an appropriate solution cannot be reached without doing so.”
—Nick Wingfield and Jess Bravin contributed to this article

Write to Vanessa O’Connell at vanessa.o’connell@wsj.com and Julie Jargon at julie.jargon@wsj.com

Share

Justices signal end to Chicago ban on handguns

Justices signal end to Chicago ban on handguns
March 2, 2010 11:35 AM | 49 Comments

Most of the Supreme Court justices who two years ago said the 2nd Amendment protects individual gun rights signaled during arguments today they are ready to extend this right nationwide and to use it to strike down some state and local gun regulations.

Since 1982, Chicago has outlawed hand guns in the city, even for law-abiding residents who sought to keep one at home. That ordinance was challenged by several city residents who said it violated their rights “to keep and bear arms” under the 2nd Amendment.

The case forced the high court to confront a simple question it had never answered: Did the 2nd Amendment limit only the federal government’s ability to regulate guns and state militias, or did it also give citizens a right to challenge state and local restrictions on guns?

All signs today were that five justices saw the right to “bear arms” as national in scope and not limited to laws passed in Washington.

Justice Anthony M. Kennedy described the individual right to a gun as being of “fundamental character,” like the right to freedom of speech. “If it is not fundamental, then Heller is wrong,” Kennedy said, referring to the decision two years ago that struck down the hand-gun ban in the District of Columbia. Kennedy was part of the 5-4 majority in that case.

Chief Justice John G. Roberts Jr. called it an “extremely important” right in the Constitution. Justices Antonin Scalia and Samuel A. Alito Jr. echoed the theme that the court had endorsed an individual, nationwide right in its decision two years ago. The fifth member of the majority, Justice Clarence Thomas, did not comment during the argument, but he had been a steady advocate of the 2nd Amendment.

A ruling striking down the Chicago hand-gun ban would reverberate nationwide because it would open the courthouse door to constitutional challenges to all manner of local or state gun regulations. However, the justices may not give much guidance on how far this right extends.

Chief Justice Roberts all but forecast the court would issue an opinion that avoids deciding the harder questions about whether guns can be carried in public as well as kept at home. “We haven’t said anything about the content of the 2nd Amendment,” Roberts said at one point. He added that the justices need not rule on whether there is a right to carry a “concealed” weapon.

A lawyer for Chicago argued that there is a long American tradition of permitting states and cities to set gun regulations. For 220 years year, gun restrictions “have been a state and local decision,” said attorney James A. Feldman. Cities should be permitted to set “reasonable regulations of firearms,” he added, noting Chicagoans are allowed to have rifles and shotguns in their homes.

But he ran into stiff questioning from Scalia and his colleagues.

At one point during the argument, Justice John Paul Stevens suggested the right to bear arms could be limited to homes. A liberal who dissented in the earlier gun-rights case two years ago, Stevens said the court could rule for the Chicago homeowners and say they had a right to a gun at home. At the same time, the court could say it is not “a right to parade around the street with a gun,” Stevens said.

But that idea got no traction with the other justices, and a lawyer representing the National Rifle Association said the court should not adopt a “watered down version” of the 2nd Amendment.

It will be several months before the court hands down a decision in the case of McDonald v. Chicago.

— David G. Savage

Share

Right-to-Carry Takes Effect In National Parks

NRA-ILA GRASSROOTS ALERT
Vol. 17, No. 8 02/26/10

Right-to-Carry Takes Effect In National Parks

On February 22, a new law took effect that applied state firearms laws to national parks and wildlife refuges across America.

The implementation of the new law, which the National Park Service (NPS) has planned for since passage of H.R. 627 last May, has so far been without major problems. NPS management reports that it has worked with the 493 individual parks, promoting a consistent message on several key points:

* Under the new law, every park is subject to all the firearms laws of the state (or states) where the park is located.
* Park visitors must know and obey state laws, including knowing which state laws apply in parks (such as Yellowstone) that cross state boundaries. (For information on state laws, go to www.nraila.org/gunlaws.)
* The new law affects firearms possession, not use. Laws regarding hunting, poaching, target shooting or any unlawful discharge remain unchanged.
* It will remain unlawful to carry in certain locations, under a separate law that prohibits possession of any firearm in a “federal facility.”

Share