There have been three important Appeals Court decisions on the Second Amendment since the beginning of the year and together they set the stage for another major decision from the Supreme Court.
When the Court decided Heller last June, they did not address the issue of "incorporation," the application of the amendment to state and local governments.While most of us think it’s just common sense that the rights expressed in the Bill of Rights are fundamental and universal, legal doctrine says otherwise.Basically, a constitutional right is only recognized by the federal government until it is specifically "incorporated" by the Supreme Court.In the three Second Amendment cases decided this year by Appeals courts, two rejected incorporation of the amendment while one supported incorporation.This means that the Federal Appeals Court Circuits are split on this issue and that makes it much more likely that the Supreme Court will agree to review one or more of these cases and make a ruling as to whether the Second Amendment protects your rights from state and local laws and regulations.
Getting this question in front of the Supreme Court was the objective of the many lawsuits filed around the country by NRA and the Second Amendment Foundation in the wake of the Heller decision.In Heller, the Justices commented on incorporation and the precedents which restrict the Second Amendment’s effect to only the federal government.Some read those comments as an invitation to the lower courts to send up a case that the Court can use to incorporate the Second Amendment.Let’s hope that’s really what the Court was saying.
The NRA has already filed a request for Supreme Court review of their Chicago case.It is expected that the Court will announce their decision on whether to hear the case by early fall and a decision could come down by this time next year.
(May 20, 2009) On Independence Day 2009 we will celebrate several things in addition to celebration of the 233rd anniversary of the signing of the Declaration of Independence, we at The Firearms Coalition will be celebrating our 25th anniversary as an organization.We’ll mark the occasion with the release of the new book The Gun Rights War, a compilation by my brother Chris of highlights from Neal Knox’s extensive writings stretching from 1966 to 2000.
July 4 also marks the inauguration of a new event, National Training Week.National Training Week is an opportunity for experienced shooters and gunowners to share their knowledge with newcomers.During the week between July 4 and July 11, ranges and gun clubs all over the country will host events and offer special deals geared to new shooters.
The long-awaited compilation of the best of Neal Knox’s writing is on its way. The scheduled release date is July 4. It’s been a long haul, but I have to say I’m pleased with the result. I’m looking forward to telling you more about it. Here’s the cover copy:
“Neal Knox A hero—no, the hero—of the Second Amendment.” –Tanya Metaksa former Executive Director, NRA-ILA
For forty years, Neal Knox reported on every significant event in the Gun Rights War. He himself became the story more than once, as he published news that powerful people wanted left alone. Assembled here at last in one volume are the inside stories:
On Politics
The Democrats are a danger to the Second Amendment—but so are the Republicans.
On the NRA
How Neal Knox became the architect of the modern NRA—and why the NRA now pretends he never existed.
On how to be the Gun Lobby
How to talk to a politician—it starts with you listening.
Often controversial, always principled, Neal Knox was the man Gun Week called, “the conscience of the gun-rights movement.” Here at last, in one volume is the core of the writing that made his reputation—and helped save the Second Amendment.
“Neal played a pivotal role in the gun-rights movement. Simultaneously loved and hated, he made a difference in defense of the Right to Keep and Bear Arms.” –Alan Korwin, Author, Gun Laws of America
Mail orders may be placed by sending a check for $24.95 to:
The Gun Rights War
PO Box 3313
Manassas, VA 20108
The On-Line order site is still in development but should be functioning any minute now – We Hope!
(May 6, 2009) Where has all the ammo gone?That’s a common refrain these days and not just in a few places, but all across the country.The answer is simple and complicated, but it’s not part of a nefarious plot hatched up by Washington politicians.Ammo supplies got thrown out of kilter as a result of military action in Iraq and Afghanistan and several former Warsaw Pact nations transitioning to NATO caliber arms.Some sources of military surplus ammo have been drying up under a UN agreement to "de-militarize" (read destroy) surplus ammo rather than let it into the open market.During the same period the costs of metals for components, particularly lead and copper, started climbing due to global demand.Ammunition prices, which have held remarkably
Actual text of the CIFTA treaty posted as a public service of The Firearms Coalition, www.FirearmsCoalition.org. The treaty can also be found on the web site of the Organization of American States at http://www.oas.org/juridico/english/treaties/a-63.html
INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS
THE STATES PARTIES,
AWARE of the urgent need to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials, due to the harmful effects of these activities on the security of each state and the region as a whole, endangering the well-being of peoples, their social and economic development, and their right to live in peace; Continue reading CIFTA Treaty→
(April 30, 2009) In a surprise move last week President Barack Obama signed a treaty with a broad coalition of nations agreeing to limit "dangerous, derogatory, and politically biased information" from being disseminated across international borders.The International Treaty on Fair and Responsible Dissemination of Information (which goes by the acronym BS-IDA in its original Chinese title) is intended to stop the flow of "confusing and conflicting news, ideology, and political philosophy" (referred to in the treaty by the acronym IDA) which causes so much rancor and even violence in many countries, particularly those countries which enforce rigid ideological standards and homogeneity of thought such as China, Cuba, North Korea, and Iran.
I got into a conversation with a webmaster for another gun rights site about technology and bugs and such. We both felt a little concerned about posting questions on the support forums with links back to our site, lest we give some anti-gun hacker the keys to the store. "Wouldn’t it be great," we both said at the same time, "if we could get a group of pro-rights webmasters together?" I’ll be setting up a private forum at an undisclosed location. Any webmaster of a bona-fide pro-rights site is welcome to join. Send a note to me using the Contact Us link. Include a link to your site. I’ll send you a link to our bunker and the secret handshake.
Speaking in Mexico, the President today acknowledged his support for renewing the so-called "assault weapons" ban, but also showed respect for political power of the gun rights movement, saying that he and his administration might not have the political wherewithal to pass a ban. Having sidestepped the call to pass a renewal, he then suggested enforcing existing law, pointing out that it’s already illegal to smuggle guns into Mexico. A remarkable insight, Mr. President.
Mr. Obama has put us on notice that he will pass the ban if he can muster up the political muscle. It is the duty of the gun rights movement to see that any thought of a new ban remains expensive.
April 17 Update
The Washington Times ran the Obama story in today’s edition focusing on Obama’s call for passage of the Inter-American Arms Tready (full text here) to mark guns with their country of origin and to establish all manner of tracing and registration schemes.
(April 9, 2009) There is a funny story about a woman who rowed her husband’s boat out for a little solitude.While she was enjoying the fresh air and sunshine a Park Ranger pulled up alongside and asked to see her fishing license.When she told him she didn’t have one he said that he was going to write her a ticket because, even though she was just sitting in the boat reading, there was fishing equipment in the boat.The woman replied that she wanted to charge the Ranger with rape then because, even though he was just sitting in his boat talking, he had all of the necessary equipment.
Unfortunately, in the real world, the woman’s quick wit would probably not get her out of the ticket and might cost her more charges, but there is a truth in this story that deserves careful consideration.
They’re Paranoid Because You’re Paranoid Because They’re Paranoid Because…
The federal government’s latest warning to police agencies about "rightwing extremists" is an outrage and adds fuel to an increasingly volatile situation. The report, titled, "Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment" was produced by the Extremism and Radicalization Branch, Homeland Environment Threat Analysis Division of the Department of Homeland Security, in coordination with the FBI. It consists of 8 pages of what can only be described as paranoid ranting and conflation. Here is how the report defines "Rightwing extremism:"
"Rightwing extremism in the United States can be broadly divided into those groups, movements, and adherents that are primarily hate-oriented (based on hatred of particular religious, racial or ethnic groups), and those that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely. It may include groups and individuals that are dedicated to a single issue, such as opposition to abortion or immigration."
