Winning in the Courts

Alan Gottlieb, founder and Executive Vice-President of the Second Amendment Foundation, or SAF, likes to say that he and his team are “winning back firearms freedoms one lawsuit at a time,” and they’ve been doing a bang-up job of it.  In the wake of the critical victory in the Supreme Court in the Heller case, Gottlieb teamed up with Heller lead attorney Alan Gura to bring cases against the City of Chicago and several city suburbs over their outright bans on handgun possession, and a suit against a handgun ban by the city of San Francisco.  Since then SAF, which already had a pretty solid track record for filing and winning litigation, and Gura have ramped up their efforts filing dozens of court challenges to restrictive gun laws nationwide.  

At the time of the Heller victory in 2008, I commented that, while I believe litigation is important, I felt that litigation was a long, slow process that would take decades to produce meaningful results.  What has transpired in the few years since that landmark decision has been nothing short of astounding.  Gun bans and egregious restrictions have fallen like dominoes as Gottlieb and Gura have led a loosely associated army of attorneys in a strategy of selective and narrowly targeted litigation in which each victory lays the groundwork for the next court challenge.  While the progress made has not been fast enough or gone far enough to satisfy some, the firm foundation being laid will serve gun owners well for decades to come – if the Supreme Court doesn’t back-pedal on Heller and McDonald.

Continue reading One Lawsuit at a Time →

Mr. Obama, Tear Down that Wall!

The stonewalling and obfuscation from the Obama administration continues as information about ill-conceived, and apparently politically motivated, “gunwalking” operations, and the subsequent cover-up of those programs, slowly comes to light.  The latest bit of stonewalling comes directly from the White House where the Obama administration has refused to make available former National Security Advisor Kevin O’Reilly to testify before the committee investigating the matter.  Even though his attorneys had already agreed to O’Reilly testifying over the phone, the White House response was that O’Reilly is not available because he is in Iraq. 

O’Reilly maintained a personal relationship with Phoenix ATF chief Bill Newell and was briefed by Newell regarding Fast & Furious.  Emails indicate that O’Reilly was briefing others in the White House and investigators would like to know who.  Apparently the White House doesn’t want that information shared.  This White House dodge takes on an even more pungent odor when it is remembered that US Attorney for Arizona, Patrick Cunningham, invoked his Fifth Amendment right against self-incrimination to avoid testifying before Issa’s committee.

Continue reading Just The Truth Please →

Lynching the Law

The media circus surrounding the tragic death of Trayvon Martin has largely focused on Florida’s “Stand Your Ground” law.  That focus is misplaced.  Stand Your Ground (or SYG) provides certain narrow protections for individuals who use deadly force in self-defense, but the basic standards for whether the use of deadly force is justified are not changed by the SYG law, nor are the penalties and liabilities for the unjustified use of deadly force.  In the Trayvon Martin case, the specific part of the law that has applied so far is a provision that a person claiming self-defense should not be arrested unless there is some clear evidence that self-defense was not the motive.  In this case, George Zimmerman, the Neighborhood Watch volunteer who shot Martin, was beaten and bloody with grass stains and mud on his clothes when police arrived.  Zimmerman told them he had turned around and was going back to his vehicle when he was attacked by Martin.  There was nothing to suggest Zimmerman was lying then, nor has any new evidence surfaced indicating that his story was not true.  Martin’s girlfriend, who was talking to Martin on the phone just prior to the shooting, says she told him to just go on home, but that he said he was going back for the guy following him.  Another witness said he saw Martin straddling Zimmerman and beating him.  He said that Zimmerman was calling out for help.

Stand Your Ground laws were developed in response to state laws which have been seriously eroding self-defense rights over the past several decades.  In many states, laws had shifted to a “guilty until proven innocent” standard for self defense.  People who had just been involved in the most traumatic event of their lives were treated as criminals until they could prove in court that their actions were justified.

Continue reading Stand Your Ground →

Richard Lugar: The Most Anti-Gun Republican in the US Senate – Defeated!

Richard Lugar lost his bid for another 6 years in the US Senate yesterday when he was defeated by Indiana Treasurer Richard Mourdoc.

Mourdock will now face Democrat Joe Donnelly in the November elections.

           While we like to think the gun issue transcends partisan politics, and there are certainly some pro-gun Democrats and some anti-gun Republicans, but the fact is the Democrat Party has never included recognition of Second Amendment rights or support for specific legislation recognizing some aspect of those rights in their national party platform.  Republicans, on the other hand, have routinely included pro-gun provisions in their party platform.  When rights issues come up for a vote, on the floor or in committee, we can generally count on most Democrats to vote in opposition and most Republicans to vote in favor.

Even though there are some Democrats who support individual rights, they generally follow the party line when the rubber meets the road on key partisan matters like judicial and cabinet confirmations and major policy initiatives from the White House – even when it is clear that the vote will be detrimental to gun owners.  While it is frustrating and disappointing when a supposedly pro-gun Democrat votes for confirmation of a clearly anti-gun judge like Sonia Sotomayor for the Supreme Court, it is even more frustrating when a Republican chooses to defy their party and vote with Democrats on such matters.

Continue reading Senator Richard Lugar →

Shooting for Liberty

States competing for lowest Brady score

       The Brady Bunch has released their annual scorecard rating states based on how strict their gun laws are.  The scorecard is a very useful tool to help rights groups understand how their state compares to others on a liberty scale; more points = less liberty.  Alaska, Arizona, and Utah have all achieved the coveted Zero Points/Zero Stars on the Brady scale and are now competing to see which state will be the first into negative numbers – which is possible through bonus points.  Arizona and Alaska can reach a –2 point score by protecting carry rights on campuses of state colleges and universities.  Utah already has such protections, but could achieve a –2 score by adopting Constitutional (permitless) Concealed Carry as Alaska and Arizona have.  Idaho, Kentucky, Louisiana, Montana, North Dakota, and Oklahoma all came in with just 2 points apiece and all have a real shot at beating the leaders into negative numbers with the right combination of reforms.

The Brady Center released this latest scorecard with much hoopla and heavy breathing, but their own data clearly shows that there is no correlation between gun control and criminal violence.  Crime statistics vary widely – from high to virtually non-existent among the 40 or so states Brady ranks as “poor,” while several of the Brady’s highest ranked states have some of the highest rates of violent crime.  As a matter of fact, a full 25% of all violent crime in the US occurs in the Brady’s top four states with the most severe firearms restrictions.  Of course the Bradys and their political allies argue that the tight restrictions are a response to the high crime, but most of the restrictions have been in place for years, if not decades, and they have proven to be completely ineffective at reducing criminal violence.

Continue reading Shooting for Liberty →

Terri Reese Finally Released on Bail

(30 March) Terri Reese has finally been released to a halfway house in Albequerque, NM.  As noted in previous updates (below), a judge had approved Terri’s bail on condition that she reside at a particular Albequerque halfway house while awaiting trial, but there were no beds available at the halfway house at the time so she was forced to remain in jail.  Space finally became available in late March and on March 30 Terri was allowed to leave jail for the first time since she and her family were arrested last August. 

Meanwhile, a judge rejected Ryin Reese’s appeal for bail saying that because Reese has friends in Mexico, he is a flight risk.  The judge also advanced the Reese’s trial date from October to July.  Normally defense attorneys prefer to delay trials as long as possible, but since the Reese’s have been in jail since August and there appears to be little chance that any besides Terri will be aforded bail, the strategy seems to be that earlier is better.  The civil forfeiture trial, in which the feds are attempting to claim virtually all of the family’s worldly goods, has not yet been scheduled.

Rick Reese, his wife Terri, and their two sons – Ryin, 24 and Remington, 19 – were arrested in August of 2011 on charges of knowingly selling guns and ammunition to illegal buyers for Mexican drug cartels.  All of the family members have plead not guilty to the charges.

Bail Approved for Terri Reese

but She’s Not Out Yet.

(27 February) Correcting my previous report, Terri Reese has not yet been released from jail.  The judge granted bail on Friday evening (2/24) but Terri will not be released until an appraisal and title search can be completed for the property being put up to secure her bond.  Bail was set at $2 million and she will be released on a $100,000 bond.  Family and friends are stretching to cover that so it could limit the possibility of finding the money necessary if any of the other Reeses are ever granted bail, but for now the good news is that Terri should be released by the end of the week or early next week if everything goes relatively smoothly.

We’ll keep you posted as we learn anything new.  Meanwhile, here is how you can help:

The Reese Family Railroad

Civilians targeted while gunwalkers walk

          (17 February) The investigation into the ATF/DOJ Gunwalker scandal code-named Fast & Furious has passed the one-year mark.  During that time Congressional investigators have put barely a chip in the stone wall established by Eric Holder and his Justice Department.  So far, fewer than 20 percent of the documents requested by Congressional investigators have been produced by the DOJ.  There have been a couple of resignations and a few reassignments, and one Justice Department official has refused to testify on Fifth Amendment grounds, but so far there hasn’t been the slightest indication that anyone involved is going to spend a single day in jail.

In contrast, a family in New Mexico has languished in jail for almost six months.  They have been denied bail, their assets have been seized, and threatened with civil forfeiture.  They have yet to be convicted of anything. 

I’ve written previously of Rick Reese, his wife Terri, and their two sons, Ryin and Remington.  They were arrested without incident last August in Las Cruces, New Mexico on charges that they had knowingly sold guns and ammunition to smuggled to Mexican drug cartels.  While I don’t personally know the Reese family, I have spoken with a number of people who do.  The Reeses are by all accounts, well respected and liked within the Deming/Las Cruces area where they had lived for over 20 years, running a successful gun store for the past 17.  Rick Reese had planned to retire from the business and close the store at the end of 2011 in order to make a run for sheriff of Luna County.  Son Ryin was in the process of opening a store of his own in Las Cruces.  The family was asked to come down to the ATF offices to discuss Ryin’s application for a Federal Firearms License – where they were arrested.  Requests for bail have, so far, been denied on the grounds that they are flight risks and a threat to the community.  The government has also announced their intent to move forward with a civil forfeiture hearing to claim virtually everything the family owns as “ill-gotten gains.”

Continue reading Reese Family Update →

Rights Movement Looses Stalwart

The Firearms Coalition Looses Friend

           Major Reginald Shinn (USAF) Ret. passed away February 2, 2012 in Sacramento, CA at the age of 92.  

He served in the United States Air Force (Army Air Corps) during WWII in the Pacific Theater as a Navigator/Bombardier between March-September 1944, flew 50 combat bombings, eight low-level missions.  He was awarded two Distinguished Flying Crosses and six Air Medals.

          After the conclusion of the war, he was assigned to Germany and served under General Curtis E. LeMay. Served during the Korean War as a flight instructor. In 1949, he was part of the top-secret mission of the Lucky Lady II – the first airplane to circumnavigate the world non-stop.  He also served with the 54th Weather Recon. Sqd. as part of the “Typhoon Chasers,” who actually flew into the centers of typhoons.  He obtained his law degree (St. Mary’s and San Antonio LLB, Juris Doctor 1958) while in the Air Force.  He served four years USMCR while attending High School.  Retired from the U.S. Air Force in 1962 after 20 years with the rank of Major.  After his retirement from the Air Force, he worked for the Internal Revenue Service as an estate and gift tax attorney.  He eventually retired at age 87 after some 45 years of service.

Continue reading Maj. Reginald Shinn – R.I.P. →

Advertising Ban is a Political Statement – Intentional or Not

        Something is seriously wrong at Fox Sports, an affliction of political correctness that apparently affects the entire Fox Network.

          In response to overtures by gun companies to sponsor TV coverage of Ultimate Fighting Championship, or UFC, events, Fox Sports has declared, “Absolutely no firearms, ammo, hunting or knife companies will be permitted as sponsors in any Zuffa-promoted events.” Zuffa, LLC. is the parent company of the UFC and is credited with transforming Mixed Martial Arts, or MMA, contests from shady, regional tough-guy brawls into a recognized and respected multi-million dollar sporting category.

          At this point Zuffa has yet to weigh in directly on the controversial Fox policy, but a company representative explained the ban on firearms advertising isn’t just at Fox’s sports division.

          Fox Networks Group Senior Vice President of Communications Scott Grogin explains, “I can confirm for you that none of our national broadcast or cable networks accepts advertising from firearms/ammunition manufacturers or distributors.”

Continue reading Martial Arts Battle: Fox Sports VS. Gun Rights →

           We are all susceptible to the occasional knee-jerk reaction.  We hear something and immediately jump to a position of opposition or support with little or no evidence to support the position.  Sometimes such gut responses are correct and are subsequently validated by additional information, but often they are completely off base. 

As a Second Amendment advocate I run into a lot of jerking knees and gut feelings that can be very difficult to overcome.  They usually hit me as questions – like “why should anyone be allowed to have a gun like that,” or “why should anyone be allowed to have a gun in a church – library – school – bank, etc.”  There are typically two parts to my answers to such questions.  First I point out that, as the person exercising a constitutionally protected, fundamental right, it is not I who carry the burden of proof – it is the person wishing to restrict my rights.  Therefore the questions should be; “what justification and authority exists for banning this type of gun, or prohibiting firearms possession in this location.”  Because these questions come from gut feelings, most people asking them are completely blind to the bias implicit in the questions, even when it is pointed out to them.  So the second part of my answer tries to apply some logic and proven historical facts to the issue.  Of course, if the person is more committed to emotion than reason, there is little hope of swaying them, but, if a person is willing to suspend their emotions and let fact supercede assumptions, there is a chance I can make a convert.

Continue reading Shun Knee-Jerk Reactions →

Every year, voting members of the National Rifle Association (those with 5 or more years of consecutive membership and those with Life or higher-level memberships) are asked to participate in the governance of their organization by voting for a third of their 76-member board of directors.  And each year, due to a long and tumultuous personal and family relationship with the organization, I am asked to make recommendations among the candidates.  This year I am calling for voting members of the association to “Bullet Vote” for one candidate:  Mrs. Maria Heil.  There are certainly other candidates on the ballot whom I feel have been, and/or would be, good directors, and members who value my guidance should also feel free to vote for other worthy candidates, but I don’t believe any of those candidates needs my endorsement to win a seat.  Mrs. Heil has an impressive record in Pennsylvania and with the Second Amendment Sisters, but is not well known among NRA members.  I think she would be an excellent addition to the NRA Board and hope that my endorsement might give her the nudge she needs to be elected. 

Due to the way NRA elections work, the only real competition in the election is for the last few positions, and the vote totals for those marginal candidates are often within just a few votes of each other.  That means that just a few extra votes for a candidate can make a big difference, and voting for more than just a few candidates – especially voting for several who are expected to be in the bottom dozen vote-getters – can dilute an individual ballot and cost their favorite a seat.

Continue reading NRA Board Elections Continued →