Incorporation Begins
During the campaign, candidate Obama said that, while he supported the Second Amendment, what worked in places like Wyoming might not work in New York City. In other words, the Second Amendment should apply in some places but not others. However, the Fourteenth Amendment states, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; [...] nor deny to any person within its jurisdiction the equal protection of the laws."
After the 14th was written (partially justified at the time to keep Southern states from depriving freed slaves of their right to keep and bear arms) the Supreme Court began a process of "incorporation" in which it used the 14th to apply the Bill of Rights against state laws. In the Heller case of last year the Supreme Court ruled that the 2nd Amendment indeed protected an individual right. However, that case dealt with Washington D.C., a federal enclave, not a state. There has been no case formally incorporating the 2nd Amendment against state law... until now.
In the case of Nordyke v. King the 9th Circuit Court ruled that the 2nd Amendment applies against state and local laws as well as federal. In an odd twist, the court upheld the actual law banning guns on county property which caused the lawsuit. All in all, the ruling is good news for gun owners.
Media Full Of Beans On Mexican Gun Numbers
If you've listened to the mainstream media lately you've probably heard the number floating around that 90% of Mexican crime guns come from the U.S. (Not quite satisfied, one intrepid reporterette bumped that up to 95%) Even that pillar of truth Sec. of State Hillary Clinton parroted the statistic. Turns out that the actual number is closer to 17%.
The 90% number comes from the fact that 90% of the captured guns that Mexico sends to our ATF to trace for them, come from the U.S. This is but a small sample of the guns captured from Mexican drug cartels and are the ones that Mexican officials probably suspect came from the U.S. anyway. It is NOT a representative sample of Mexican crime guns.
In 2007-2008 Mexico recovered 29,000 crime guns, according to Fox News. It asked the U.S. ATF to trace about 6,000 of these. Of the 6,000 traced by ATF, 5,114 guns were determined to have come from the U.S. (or about 90% of the traced guns).
ATF assistant-honcho William Hoover stated this number during testimony before Congress and the media twisted it and ran with it. No agenda there!
House Dems Diss Anti-Gun Eric Holder
After Constitution-shredding Attorney General Eric Holder stated earlier this year that the Obama administration would push for reimplementation of the failed ban on so-called "assault weapons," 65 Democrats in the U.S. House of Representatives signed on to a letter advising Holder to suck it. Okay, maybe they put it a little more cordially.
“We believe that this ban was ineffective during the 10 years it was law,” the letter states, “and would oppose its reenactment.”
It also stated: “Many of our constituents lawfully own and use these firearms and ammunition magazines that would be affected by a new ban. Indeed, these are commonly owned firearms throughout the country. Law-abiding Americans use these guns for all the same reasons they use any other kind of gun—competitive shooting, hunting, and defending their homes and families.”
At least a few Democrats still have some cajones. They apparently stole them from the GOP.
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