Supremes Tell Chicago to Go to "Heller"
After declaring that the 2nd Amendment protects an individual right in 2008's DC v. Heller, the Supreme Court ruled on June 28th in McDonald v. Chicago that the right is incorporated against state restriction by the 14th Amendment. Essentially the court struck down Chicago's onerous handgun ban and opened the door to challenges to other state and local gun laws around the country. Chicago is already trying to figure out how to feign compliance with the ruling while still making life hell for gun owners.
Gun owners around the country are generally jubilant over the ruling, although some states' rights advocates warn that the ruling may become a double-edged sword.
Federal Judge Tells Sheriff to Read the Constitution
While we here at BBB generally root for our local law enforcement boys while cussing the feds, this case is the exception to that rule. According to the Sioux City (Iowa) Journal:
"U.S. District Court Judge Mark W. Bennett has ordered Osceola County Sheriff Douglas L. Weber to issue a gun permit to a resident and to complete a college-level course involving the First Amendment... Bennett’s written decision on Wednesday involves the case of Paul Dorr, of Ocheyedan, who was denied a permit to carry a concealed weapon.
"Dorr and his son, Alexander, were denied gun permits after being engaged in extensive First Amendment activity -- protesting, passing out leaflets and writing letters to the editor -- the opinion notes... 'The court finds a tsunami, a maelstrom, an avalanche, of direct, uncontroverted evidence in Sheriff Weber’s own testimony to conclude beyond all doubt that he unquestionably violated the First Amendment rights of at least Paul Dorr,' Bennett wrote in his ruling."
Unfortunately, the court order stipulates that it must be a college course on the Constitution. That means that, rather than a textual analysis of the document, the class will probably be about the negative effect that the Constitution had on the migratory patterns of homosexual whales or some damned thing. Still, it's a start. Now if we could just get a judge to force Congress and the Obama Administration to read the Constitution...
NRA Sells Out (Again)
A few years ago, when the NRA was threatened by political speech restrictions in the McCain-Feingold "Incumbent Protection Act," they vowed to fight for "all of the Constitution" all the time. Now there motto appears to be: "As long as we get ours, screw you."
As the Democrat Congress worked on its DISCLOSE Act (HR 5175), which would restrict the political speech of various groups, NRA initially opposed the bill. NRA's chief lobbyist Chris W. Cox pointed out “[H.R. 5175] would require the NRA to turn our membership and donor lists over to the government”, and “The bill would empower the Federal Election Commission to require the NRA to reveal private, internal discussions with our four million members about political communications.”
In order to get the bill passed without a fight, the Dems simply exempted the NRA from the law's requirements. The NRA then withdrew its opposition to the bill. I won't go so far as some pro-freedom critics who say that NRA is itself becoming an enemy of freedom. I will say that ( like all large, powerful organizations) the NRA needs to be smacked (metaphorically) across the head with a 2x4 occasionally.
The DISCLOSE Act passed the House but stalled in the Senate (for now, no thanks to the NRA). C'mon NRA! That "filler material" around the Second Amendment is called "the Constitution," and it's kind of important too.
Friday, July 30, 2010
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