Second Amendment Foundation 1st Quarter 2013 REPORTER McDonald, Ezell and Moore, Oh my!
Gun prohibitionists, unhappy with a series of to have a handgun inside the city, but also made significant court rulings since the landmark Heller meeting those requirements impossible. The ordinance decision in 2008 that affirmed the Second Amendment mandated gun range training, but prohibited gun ranges protects a fundamental individual civil right to keep inside the city. and bear arms, have taken the tack that subsequent As noted by federal Judge Ilana Diamond Rovner in court rulings are narrow and not that important. her concurring opinion, “…the city may not condition At best, this is delusional because three major gun ownership for self-defense in the home on a cases have taken the gun rights prerequisite that the City renders argument to the political heart of the impossible to fulfill within the city enemy – the state of Illinois – and limits.” beaten down Draconian firearms Illinois, the only state in the prohibitions on constitutional Winning union to still prohibit any kind of grounds. firearms freedom firearms carry outside the home for The Second Amendment personal protection, has steadfastly Foundation’s case in McDonald one lawsuit refused to join the other 49 states in v. City of Chicago, decided recognizing the right of self-defense almost two years to the day after at at time. beyond the threshold of one’s front or Second Amendment Foundation back door. A prohibition on bearing Heller, incorporated the Second www.saf.org Amendment to the states via the arms is insidious, because it attempts 14th Amendment. This ruling to nullify half of a constitutionally- applied the Second Amendment to protected civil right. state and local gun laws, which is Our challenge in Moore v. no small accomplishment. Madigan took that issue head-on, and we won again. It opened the door to constitutional challenges Our successful challenge to that prohibition has of laws that are clearly excessive in their reach and ramifications that reach all the way to the District of onerous in their application. The gun prohibition lobby, Columbia, where law-abiding citizens still may not of course, likened this victory to the end of civilization carry a firearm outside of their home for personal as we know it, and then changed their message to protection. The Seventh Circuit Court of Appeals suggest that the Second Amendment right to keep panel said that such a prohibition violates the and bear arms applies only to the confines of one’s constitution, so the District municipal government home, which is tantamount to arguing that the First better take notice. Amendment applies only to the newsroom. Despite the fact that anti-gunners may want to play Then came the Ezell case against the City of down the significance of these rulings, the fact is we Chicago’s deliberately-prohibitive gun law, hastily ended 2012 with firearms civil rights in the strongest adopted right after the McDonald ruling, that position they have enjoyed in generations. established training requirements for anyone wanting We intend to improve on this in 2013. saF says DEbatE shoUlD bE broaD anD MEaninGFUl
The Second Amendment Both gun rights leaders noted that issue or release the bulk of documents Foundation (SAF) and the Citizens violence is a problem in the United related to the administration’s “Fast Committee for the Right to Keep States, and “we need to solve it.” and Furious” program. and Bear Arms (CCRKBA) said that President Obama tapped Vice Gottlieb said a commission on a national dialogue on violence has President Biden to lead his own violence is a good venue for all sides begun in the wake of the Sandy Hook effort looking at gun control and to weigh in. He also noted that gun school tragedy, but that a national other measures in the wake of the owners should not be expected to commission would be more able Connecticut school shooting. The bear the brunt of reaction to the Sandy to address the complexity of this White House confirmed that President Hook tragedy. dilemma. Barack Obama “strongly supports” “Gun owners are like anyone else,” “If we don’t identify and get at renewal of the ban on so-called Gottlieb observed. “We have families, the root causes of violence,” said “assault weapons” at the same time we have children and grandchildren. CCRKBA Chairman Alan M. Gottlieb that two leading national gun rights We want to keep them safe. We walk of Bellevue, Washington, “it won’t organizations have called for the the same streets as any other citizen, matter how many guns you ban, you creation of a national commission and many gun owners have decided to will still have violence. There were no to study the true causes of violence protect themselves and their families. guns around when Cain slew Abel, and in America. The president said he Our rights as gun owners should not throughout recorded history, mankind chose Biden to lead the task force in be sacrificed in the interest of providing has engaged in considerable violence. part because of his role in crafting the the illusion that ‘something’ is being Only in the past two centuries have 1994 assault-weapons ban. Obama done. firearms played a historic significance.” spoke favorably of the ban, as well as “Any meaningful discussion on “Connecticut already has laws proposals to strengthen background violence,” Gottlieb added, “would need regulating firearms and even modern checks and ban “high-capacity” to include mental health, violent video semi-automatic rifles,” noted SAF magazines. games, television shows and films, President Joseph Tartaro of Buffalo, On the same day Obama made media malpractice that sensationalizes New York. “They did not prevent what his statement at the White House, violence and the dangerously false happened in Newtown, any more newly released documents suggest sense of security created by so-called than Norway’s laws, or Germany’s or that one of the thousands of guns ‘gun-free zones’.” Russia’s prevented some of the recent involved in the “Fast and Furious” gun “If we have a debate,” Tartaro mass murders in those countries. running scandal was recently found concluded, “let’s make it a broad and “If the public policy debate which at the scene of a Mexican shootout meaningful one.” is sure to follow,” Tartaro continued, between drug cartel members and “focuses solely on gun law solutions the Mexican military. The day before, and ignores all the other key questions, a report surfaced connecting yet For the we will have done a disservice to the another Fast and Furious gun to the latest news on memories of all the victims of such shooting of a beauty queen in Mexico. madness in Connecticut, in Colorado, As SAF Reporter goes to print, the the right to keep in Oregon, or anywhere else.” White House has yet to address the and bear arms visit:
Publisher Alan Gottlieb Second Amendment Editor Joseph Tartaro Managing Editors J.H. Versnel • KeepAndBearArms.com REPORTER Phil Watson Dave Workman • SAF.org
is published by the Address all editorial matters and letters and Second Amendment Foundation other inquiries to the address on the left. • TheGunMag.com 12500 N.E. Tenth Place For changes of name or address, please Bellevue, Washington 98005 send old and new address to the Second 425-454-7012 Amendment Foundation. • WomenandGuns.com www.saf.org SAF 2013
Page 2 1st Quarter 2013 LEGAL BRIEFS
Moore v. Madigan defense outside the home. “In the broader sense,” he added, “this The Second Amendment Foundation won a ruling affirms that the right to keep and huge victory for the right to bear arms bear arms, itself, extends beyond the outside the home, with a ruling in the boundary of one’s front door. This is a Seventh Circuit Court of Appeals that huge victory for the Second Amendment.” declares the right to self-defense is This court cases sought an end the “broader than the right to have a gun Illinois ban on the carry of firearms in one’s home.” in public places. Current Illinois The case of Moore v. Madigan, with prohibition on carrying of weapons Judge Richard Posner writing for the (either openly or concealed) makes it majority, gives the Illinois legislature impossible for citizens to exercise 180 days to “craft a new gun law that their constitutional right. The Second will impose reasonable limitations, Amendment Foundation sought to establish consistent with the public safety and the recognition and incorporation of the Second Amendment…on the carrying of the constitutional right to possess and guns in public.” The decision expanded carry a firearm in the state of Illinois. on SAF’s federal appeals court victory SAF attorney Alan Gura, well-known for Ezell v. City of Chicago arguing Supreme Court wins in both the in , as well as McDonald Heller SAF’s Supreme Court win in McDonald v. and cases, was delighted City of Chicago. with the ruling. “We are very happy with Judge Posner’s “The Second Amendment means what it majority opinion,” said SAF founder says,” he observed. “Americans enjoy the and Executive Vice President Alan M. right to defend themselves and their Gottlieb. “This is a victory for Illinois loved ones from violent criminal attack.” citizens who have been long denied a right recognized in the other 49 states; (Continues on pages 4-5) to have the means necessary for self- Firearms Policy Coalition
Firearms Policy Coalition rights in eight U.S. states have abiding American gun owners have (firearmspolicy.org) is a project recently joined Firearms Policy had it with being scapegoated for the of the Citizens Committee for Coalition, noted managing director crimes of the evil and insane.” the Right to Keep and Bear Arms Brandon Combs. In addition to the national groups, (CCRKBA), California Association “In the midst of one proposed CCRKBA, SAF, and California's CGF of Federal Firearms Licensees gun ban after another, the addition and CAL-FFL, other members (CAL-FFL), the Second Amendment of these outstanding organizations are Florida Carry, Inc. (FC),Hawaii Foundation (SAF), and The Calguns to our Coalition means that those Defense Foundation (HDF), Illinois Foundation (CGF). working hard to secure our Second Carry (IC), Commonwealth Second As the debate over new gun Amendment rights are coming Amendment (Comm2A), New Jersey control laws continues to take top together to tell President Obama and Second Amendment Society (NJ2AS), billing in state and national news, our state legislatures that enough is Lone Star Shooting Association organizations representing gun enough,” remarked CCRKBA founder (LSSA), West Virginia Citizens Defense owners and Second Amendment Alan Gottlieb. “The millions of law- League (WVCDL).
REPORTER Page 3
Continuing Continued from page 3
the Illinois State Legislature.” Gura said the court’s decision “is The Illinois Attorney General has since consistent with the constitutional text, filed for en banc review in Moore. and the historical tradition of armed self-defense by responsible, law abiding Richards v. Prieto Americans.” “We look forward to bringing the other A few days before the Second Amendment holdout states into compliance with the Moore Constitution,” Gura stated. Foundation won the Illinois case in appeals court, SAF’s Alan Gura made Judge Ann Claire Williams wrote a Richards v. Prieto dissenting opinion, arguing that the oral arguments in in Second Amendment rulings in the Heller and the Ninth Circuit Court of Appeals. The McDonald cases are more limited. “It is Second Amendment Foundation is joined less clear to me, however, that a widely by the CalGuns Foundation in a lawsuit understood right to carry ready-to-use that seeks judgment against the arbitrary arms in public for potential self-defense denial of concealed carry permits in the existed at the time of the founding,” State of California. Judge Williams writes. Mr. Gura began his argument with However, the majority ruling sees focusing on his previous Supreme Court wins in the Heller and McDonald. Gura opened history with more clarity. McDonald “The Second Amendment,” Judge Posner with referencing the decision, Heller nd writes, “states in its entirety that ‘a “In we held that the 2 Amendment well regulated Militia, being necessary protects the right to keep and bear arms to the security of a free State, the for the purpose of self-defense.” And we right of the people to keep and bear struck down a DC law that banned possession Arms, shall not be infringed.’ The right of handguns in the home.” Gura argued the to ‘bear’ as distinct from the right to core right is the “right of self-defense” as defined inHeller and McDonald. He then ‘keep’ arms is unlikely to refer to the McDonald Heller home. To speak of ‘bearing’ arms within cited the portions of and one’s home would at all times have been that extensively outline the right of an awkward usage. A right to bear arms self-defense, “bearing of arms” outside thus implies a right to carry a loaded the home. “The very idea that you have gun outside the home.” the right to do something means that you Later, Judge Posner adds, “To confine don’t have to prove you have a good enough the right to be armed to the home is to reason or that you have sufficiently good divorce the Second Amendment from the ‘moral character’ to exorcise what is your Heller right,” Gura stated. right of self-defense described in Prieto and McDonald.” SAF’s lawsuit seeks to block “That the court will give Illinois bureaucratic obstructionism and laws used lawmakers six months to craft a law by state officials used to arbitrarily allowing carry outside the home recognizes take away constitutional rights. that the right to bear arms means what Officials in California regularly practice it says,” Gottlieb concluded. “The ball arbitrary discretion when issuing handgun is now in the Legislature’s court, and carry permits citing “good cause,” we eagerly wait to see how well they can frequently denying the right of self- live up to their responsibility.” defense outside the home. Richard Pearson, executive director The Judges proceeded to cross-examine of the Illinois State Rifle Association the defending attorney for Yolo County told SAF Reporter that, “We’ve been on the right of self-defense outside the waiting for this ruling for a long time. home. “Your right of self-defense could We will immediately start working with come into play anywhere,” he conceded.
Page 4 1st Quarter 2013 Legal Briefs
“The Supreme Court’s decision in both applications were denied. Kachalsky’s the Heller and McDonald case shows that denial was because he could not there is both a right to keep arms and a “demonstrate a need for self-protection right to bear arms,” said SAF founder Alan distinguishable from that of the Gottlieb. “In most states, authorities do general public.” not deny a license to carry an operable Nikolov’s was denied because she firearm to any law-abiding applicant that could not demonstrate that there was completes training and a background check. “any type of threat to her own safety This is also the practice throughout much of anywhere.” In addition to Westchester California. These two Sheriffs must respect County, Susan Cacace and Jeffrey Cohen, the constitutional rights of their citizens both serving at times as handgun to bear arms.” permit licensing officers, are named “California is often a leader in so as defendants. The lawsuit was filed in many ways, but our state lags badly in U.S. District Court for the Southern streamlining its firearms laws,” said Gene District of New York, White Plains Hoffman, Chairman of The Calguns Foundation. Division. “We need 21st century gun laws that respect This legal loophole dates back our Constitutional rights, and adopt modern, to a hundred-year-old Tammany widely accepted practices that work well Hall regulation (the Sullivan Act) throughout the United States. Hopefully allowing only favored constituents this action will serve as a wake-up call of politicians to carry concealed to our legislators, and to those officials handguns. who stubbornly resist accommodating Second Under the Sullivan Law, police — not Amendment rights. If they don’t reform, the Constitution — determine who can reform will come through litigation.” or can’t carry a firearm in New York. The case asks the Ninth Circuit to decide Therefore, the current law allows whether or not a licensing authority may permits to be arbitrarily denied to “condition the issuance of permits to exercise otherwise qualified applicants. the fundamental Second Amendment right to Under New York Penal Code § 400.00, bear arms, and classify applicants with handgun carry permit applicants must respect to the exercise of that right, upon “demonstrate good cause for the that authority’s discretionary assessment issuance of a permit,” the lawsuit of need and moral character.” alleges. This requirement violates the Second Amendment, according to Kachalsky v. Cacace the plaintiffs. “American citizens like Alan Kachalsky and Christina Nikolov should Second Amendment Foundation’s Alan Gura not have to demonstrate good cause in filed on behalf of individual plaintiffs and order to exercise a constitutionally- SAF a petition for cert to the US Supreme protected civil right,” noted SAF Court in the matter of Kachalsky v. Cacace. Executive Vice President Alan Gottlieb. This SAF lawsuit argues against Westchester “Our civil rights, including the right County New York’s denial of concealed carry to keep and bear arms, should not permits for failure to show “good cause.” be subject to the whims of a local The specific New York law in question states government or its employees, just that handgun carry permit applicants must because they don’t think someone ‘needs’ “demonstrate good cause for the issuance a carry permit. Nobody advocates arming of a permit.” criminals or mental defectives, but SAF is joined in the lawsuit by Alan honest citizens with clean records Kachalsky and Christina Nikolov, both should not be denied out of hand. Westchester County residents whose permit
REPORTER Page 5
SAF on the Air...... AND IN THE NEWS
The Second Amendment to Carry Gun, Jurist.com, Jan 29, Urbana News-Gazette, Jan 20, 2013. Foundation makes itself available to 2013. • Obama's secret plan to reclassify national and international media for • The NRA Has A Major 'Competitor' your guns, WND.com, Jan 5, 2013. educational purposes designed to That Won Huge Fights Against Gun • Revived! State law banishing DC gun educate the public in support of the Control, BusinessInsider.com, Dec. rules, WND.com, Jan 9, 2013. Second Amendment. Below is a partial 21, 2012. • Inside the Beltway: Alarm on Day list of notable TV and Print/Online • The NRA Isn't The Only Opponent Of One, Washington Times, Jan 21, news publications featuring SAF this Gun Control, NPR.org, Dec. 21, 2012. 2013. December and January. SAF was • On MLK holiday, walking for civil mentioned in over 1,000 print, online, • Gun Ban Could Actually Be a rights and the Second Amendment, Boon for Weapons Manufacturers, TV, and radio spots in this time period. Washington Post, Jan 15, 2013. Notable National TV Interviews DailyFinance (press release), Jan • The O’Reilly Factor, Fox News, Dec. • Oak Harbor, Wash., councilman 18, 2013. 17, 2012. walks out in concealed gun dispute, • NRA unleashes lobbyists, Politico, Los Angeles Times, Jan 25, 2013. • The Young Turks, Current TV, Dec. by Anna Palmer, Jan 15, 2013. 13, 2012. • Coalition to hold national 'Gun • Inauguration Nation, ABC News Appreciation Day' amid calls for more (blog), Jan 18, 2013. • Piers Morgan Tonight, CNN, Dec. ..., Fox News, Jan 9, 2013. 13, 2012. • Steve Stockman reminds you to • Organizer postpones big Pennsylvania have a Happy 'Gun Appreciation ..., • Al Jazeera English, Al Jazeera, Dec. gun show, USA TODAY, Jan 24, 2013. 21, 2012. Houston Chronicle (blog), by Rick • Gun Rights Groups Cheer NRA's Dunham, Jan 15, 2013. • Al Jazeera English, Al Jazeera, Jan. Obama Pushback, Newsmax.com, 18, 2013. • Saying No To The Inauguration, Jan 23, 2013. NPR, Jan 16, 2013. • Notable Print and Online Stories • Joseph Tartaro, Longtime Gun, • 'Gun Appreciation Day' planned • Hooray for the Second Amendment, Rights Insider, Argues Against ..., Washington Times, Jan 14, 2013. close to inauguration, Washington Huffington Post, Jan 24, 2013. Post (blog), Jan 7, 2013. • Court strikes down Illinois' concealed • Bulletproof white boards can serve • Expectations low for Biden, NRA carry ban, Associated Press, Dec 9, as shields during school shooting, 2012. talks, The Star,-Ledger-NJ.com, Jan New York Daily News, Jan 23, 2013. 10, 2013. • Illinois AG seeks new hearing on • More Than 1000 Protest NY SAFE • The White House Just Set Gun concealed carry, Associated Press, Act, WKBW, TV (Online), Jan 19, 2013. Jan 8, 2013. Rights Activists Ablaze, TPM , Jan • Champaign resident proud of role in 8, 2013. • Appellate Courts Weigh In on Right concealed, carry ruling, Champaign/ • Gun Rights Groups to Meet With Joe Biden Thursday, U.S. News & World Report , Jan 9, 2013. • The Battle Lines Over Guns Often Drawn by Funding, Juvenile Justice New SAF Website Information Exchange, Jan 24, 2013. Second Amendment Foundation’s new website will be launched in • Citizens Take Aim At Gun Control April 2013. SAF.org will not only look better, it’s going to be the epicenter Laws, Wetzel Chronicle, Jan 16, 2013. of all things relating to your Second Amendment rights! • Illinois AG seeks new hearing on The new and improved SAF.org will feature new sections on SAF concealed carry, Politico, Jan 8, 2013. legal actions, public information campaigns, as well a new and improved online store. • Poll Shows Americans Want Stronger Our new SAF.org secure online store will allow shoppers to order Gun Laws... Sort Of, Motley Fool, Jan SAF merchandise with the simple click of your mouse. You will receive 18, 2013. your order in the mail a few days after ordering online. New secure online • Take guns away from those who donation features will streamline the process for your tax-deductible threaten violence, Md. task force ..., donations and memberships. Washington Post, Jan 2, 2013. Log on today at www.SAF.org • Spotty Records Weaken Background
Page 6 1st Quarter 2013 SAF on the Air...... AND IN THE NEWS
Checks, Wall Street Journal, by Jack • Biden to open US gun control Gun Control Measures Could Mean Nicas, Jan 15, 2013. campaign, Financial Times, Jan 8, Confiscation, Guns.com, Jan 7, 2013. • Gun owners called to unite, Daily 2013. • Second Amendment Foundation Journal Online, Jan 12, 2013. • NRA holding seminar to teach Requests Meeting With White House, • The Starting Line – Pushback on lawmakers about semi-automatic ..., Denied, Breitbart.com, Jan 10, Gun Control Proposals Reveals ..., Salon, Jan 7, 2013. 2013. San Diego Free Press, Jan 8, 2013. • Senator seeks to exempt state's • SHOT Show 2013: SAF's Exec VP • States Provide Lucrative Subsidies firearms from federal regulation, Press Alan Gottlieb Reacts to Obama's ..., For Gunmakers, Hartford Courant, TV, Dec 30, 2012. Guns.com, Jan 16, 2013. Jan 9, 2013. • Assault Weapons Ban Proposal to SAF Founder, Alan M. Gottlieb’s • Live chat at noon about gun laws Hit Legislature; Ed Murray Will ..., notable 2013 Radio and TV interviews with state senator and pro-gun ..., The Seattle Weekly (blog), Jan 9, 2013. in January 2013. Seattle Times (blog), Jan 8, 2013. • Exclusive: Outed Yonkers, N.Y. gun KOMO TV Seattle, WA. KING TV Seattle, WA. WNYC Radio New • Wednesday politics: gun control, owner says 'I feel like a sex offender’, York, NY. WPIX TV New York, NY. gun buyback, Congress v ..., The Examiner.com, Jan 10, 2013. KOPB Radio Portland, OR. KQED Seattle Times (blog), Jan 9, 2013. • Obama to NBC: He wants to ban Radio San Francisco, CA. KBEZ • If you like 'gun-free zones' so much, semi-autos in 'first year', Examiner. Radio Chicago, IL. KNPR Radio Las put them in Congress, Daily Inter com, Dec 30, 2012. Vegas, NV. KPCC Radio Los Angeles, Lake, Jan 12, 2013. • EDITORIAL: Governor Cuomo’s CA. WAMU Radio Washington, DC. WESA Radio Pittsburg, PA. WBFO Radio Buffalo, NY. WBUR Radio SHOP AT AMAZON.COM Boston, MA. WYPR Radio Baltimore, MD. WUNC Radio Raleigh, NC. WNYC Radio New York, NY. WHYY AND SUPPORT SAF Radio Philadelphia, PA. KNOW Radio Minneapolis, MN. KITZ Radio How can you save money and support Second Amendment Seattle, WA. KSBN Radio Spokane, Foundation’s important efforts at the same time? It’s as easy as 1 – 2 – 3! WA. KBNP Radio Portland, OR. 1. Get to Amazon through saf.org/amazon. When you want to shop KGTK Radio Olympia, WA. Genesis at Amazon, get there by going to saf.org/amazon – you’ll be redirected Radio Network National Radio. Mike to the regular Amazon homepage. Siegel Show National Radio. KKOL 2. Purchase your items. It’s that simple. Every item that you buy Radio Seattle, WA. KLFE Radio through saf.org/amazon (even if you just put items in your cart and buy Seattle, WA. Tom Gresham’s Gun them later) is credited to our fundraising program. Talk National Radio. KALZ Radio 3. Watch SAF win! Up to 10% of every purchase through saf.org/ Fresno, CA. KTCM Radio Traverse amazon is sent by Amazon to SAF about 45 days later. City, MI. KIXZ Radio Amarillo, TX. How does it work? When you go to Amazon through saf.org/amazon, KRZR Radio Visalia, CA. SIRIUS XM Amazon creates a special “session” cookie that associates your purchases Radio National Radio. Todd Schnitt with our affiliate account. It’s all transparent to the shopper; there’s Show National TV. WAVH Radio literally no difference in your shopping experience. Mobile, AL. WIOD Radio Miami, Once you get to Amazon through saf.org/amazon, all you will see in FL. WFLA Radio Tampa, FL. KIKI your browser's address bar will be a “url” containing a "tag" with numbers Radio Honolulu, HI. KIDO Radio and symbols. There won’t be any “confirmation page” or notice that Boise, ID. WZAN Radio Portland, OR. you’re shopping through saf.org/amazon. KIRO TV Seattle, WA. WXYT Radio Amazon does a great job making sure your privacy is protected. Detroit, MI. WRDU Radio Raleigh, Shopping with saf.org/amazon will not add any additional costs to your NC. WFAQ Radio Tulsa, OK. KUIK order. Radio Portland, OR. WREC Radio Thanks very much for your continuing support of our work to advance Memphis, TN. KTSM Radio El Paso, your rights. TX. KVI Radio Seattle, WA. KCPQ TV Seattle, WA.
REPORTER Page 7
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Page 8 1st Quarter 2013