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.