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.

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.

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.

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

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

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.”