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Friday, June 27, 2008

And So It Begins

As I said in my statement about the Heller decision yesterday (echoing those more knowledgeable than I on the Constitution and impact of SCOTUS decisions) yesterday's ruling was just the beginning. Following yesterday's 5-4 ruling by the Supreme Court in Heller v. District of Columbia, the Illinois State Rifle Association (ISRA) filed a federal lawsuit challenging the City of Chicago's long-standing handgun ban. The case, McDonald v. City of Chicago includes Attorney Alan Gura, who argued the Heller Case to the Supreme Court and David G. Sigale, representing the plaintiffs.

I cannot stress how important this year's election is going to be for continuing to regain ground lost over the years. If Barack Obama has the opportunity appoint two justices that believe like him, the the Constitution is a living document (see his book "The Audacity of Hope") then yesterday's ruling will have no measurable affect on gun bans like those in Chicago because more lawsuits will be necessary to do away with them.

Gun owners may have differences with Senator John McCain but compared to Senator Barack Obama, the choice should be clear.

Senator McCain had this to say about the decision:

"Today's decision is a landmark victory for Second Amendment freedom in the United States. For this first time in the history of our Republic, the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers. I applaud this decision as well as the overturning of the District of Columbia's ban on handguns and limitations on the ability to use firearms for self-defense.

"Unlike Senator Obama, who refused to join me in signing a bipartisan amicus brief, I was pleased to express my support and call for the ruling issued today. Today's ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans. Unlike the elitist view that believes Americans cling to guns out of bitterness, today's ruling recognizes that gun ownership is an important right- sacred, just as the right to free speech and assembly.

"This ruling does not mark the end of our struggle against those who seek to limit the rights of law-abiding citizens. We must always remain vigilant in defense of our freedoms. But today, the Supreme Court ended forever the specious argument that the Second Amendment did not confer an individual right to keep and bear arms. "

For some good coverage of yesterday's ruling, go to http://www.nranews.com/. The archives have a DC vs Heller section and last night's program is part of it. Also, on Sunday, Gun Talk radio will have Alan Gura on for the first hour. Second Amendment Foundation's Alan Gottlieb will be Tom's guest on the second hour and both will be talking about the Heller v. District of Columbia decision as well as the lawsuits that will be filed against Chicago. You can listen online at http://www.guntalk.com/ starting at 2:00 PM Eastern Time.

Hat tip to the Shooting Wire.

Thursday, June 26, 2008

Heller Wins - Second Amendment is an Individual Right

Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. We will provide a link to the decision as soon as it is available.

According to SCOTUS BLOG, Justice Scalia’s opinion for the majority stressed that the Court was not casting doubt on long-standing bans on gun possession by felons or the mentally retarded, or laws barring guns from schools or government buildings, or laws putting conditions on gun sales.

You can follow live comments from the court at the above SCOTUS Blog link.

Update: The opinion by Justice Scalia in District of Columbia v. Heller is available here.

Hat tip to SCOTUS Blog.

Update II: An excellent source on what the founders said about the right to arms can be found here.

Below is the Fox News report after announcement of the ruling.

Wednesday, June 25, 2008

Heller Decision Set for Thursday

From SCOTUS Blog:

Tomorrow (Thursday, June 26), the Court will issue its remaining three decisions: Heller (DC Guns), Davis v. FEC (campaign finance), and American Electric Power (energy contracts). It is quite likely that Justice Scalia is writing the opinion in the Guns case. It could be a plurality opinion.

Update: A good piece on what a Scalia opinion could mean.

Hat tip to Dave Hardy.

Hanover Considering More Gun Restrictions

Once again, residents of a rural locality that is fast becoming more suburban has gun owners in their crosshairs. Some residents of Hanover have complained about noise from gun owners target practicing on their private property. In response, the Hanover Board of Supervisors has created a Weapons Safety Committee.

The Committee will formally make several recommendations to the supervisors at their meeting tonight (June 25th). The proposed changes would not affect legally permitted firing ranges.

The eight-member committee includes two county supervisors, as well as gun owners and residents with gun-related concerns. The committee members will urge the board to enact the following:
  • Prohibit shooting within 200 yards of any home, not counting the shooter's home, or any other occupied building or public meeting place. The county's code now specifies 100 yards. The proposal would not change the part of the code that prohibits shooting within 100 yards of roads.
  • Prohibit shooting within the urban service area, except when hunting legally with shotguns or firing in self-defense. The urban service area includes Mechanicsville and other parts of eastern Hanover.
  • Expand the urban service area to make it consistent with the county's comprehensive plan. That would include parts of Creighton and Cold Harbor roads in the Hanover Farms subdivision, and also a portion of the county near New Ashcake Road west of U.S. 301 and east of Sliding Hill Road.
  • Amend the county's noise ordinance to prohibit "the frequent, habitual or prolonged discharge of firearms" in a way that unreasonably disturbs "the use and enjoyment" of other properties.
  • Offer firearm-safety classes to the public.
  • People accused of violating the proposed noise ordinance could face a misdemeanor criminal charge. A judge would determine whether such shooting constitutes an unreasonable disturbance.

Hanover officials say the recommendations are meant to address complaints from residents who say "they can't go to sleep or hear their televisions because of gunfire."

The Chairman of the Weapons Committee, Supervisor Charles D. McGhee, told the Richmond Times Dispatch (RTD) that "Hanover County is not like it was in 1965,"you didn't have the culture clashes."

The Hanover sheriff's office told the RTD that it received 139 reports of "promiscuous shooting" from Jan. 1 through Friday of this year. Authorities received 339 such reports last year.
The RTD spoke to a resident of Hanover, Bryan Law, who lives near the area that is the source of some of the complaints. Law lives on the 15-acre property off Georgetown Road. His son and a friend were practicing their shooting skills with what the RTD described as "an AK-47 assault rifle" and a World War II bolt-action rifle, he said, and they have since joined the military.
Law said that after neighbors complained, he agreed to fire only his smaller and quieter .22-caliber rifle, which neighbors do not object to.

Law told the RTD that he tries to get along with all the neighbors and understands their complaints. He also told the RTD that he does not thank the recommended changes would affect his ability to shoot his .22-caliber rifle on his property, although the larger weapons might violate the proposed amendment to the noise ordinance. Law said he might have to move his usual shooting location somewhere else on his property to make sure it is at least 200 yards from a neighbor's house.

VSSA will follow the process closely and keep members informed.

Update - The committee presented its findings at a regularly scheduled Board meeting on June 25th. The Board decided to consider the committee’s recommendations in the form of a draft ordinance change to be considered at a future meeting.

“We’ve been receiving complaints over the course of time about what the sheriff’s department considers to be promiscuous shooting,” Henry District Supervisor and weapons safety committee chairman Chuck McGhee told the Mechanicsville Local newspaper.

County attorney Sterling Rives presented the committee’s findings at the meeting and several recommendations gained majority approval among the committee members. They include:

  • Changing the current county code to prohibit discharging weapons within the urban service area, of the county. Lawful hunting with a shotgun would still be allowed.
  • Amend the county code to prohibit discharge of weapons within 200 yards of any residential dwelling or public building.
  • Amend the county code to include habitual or prolonged discharge of weapons under the noise ordinance section.

The committee had considered a fourth revision but voted not to recommend that change. That proposal would have clearly defined shooting ranges in the county code.

The board could consider the first draft of the new ordnances at its July 23 meeting, and a public hearing could come as early as September.

Maybe BB&T and Wachovia Can Learn From This

Customers (and gun owners who refuse to be because of the banks' policy) who bank with BB&T and Wachovia know that both banks post "No Firearms" stickers on their entry doors. There had been a rash of robberies at Richmond area BB&T branches a year or so ago and some in the pro-rights community wondered if it was not just rewards for such an inane policy. I wonder if the higher ups at both banks heard about Nabil Fawzi, a customer of Comerica Bank in Michigan.

Last Monday (June 16th) Fawsi was waiting to conduct some business at a branch in Canton, Michigan, when would-be robber Joseph Webster walked into the bank and handed the bank teller a note, which read, "I have a bomb strapped around my waist. No dye packs."

While one teller was activating the silent alarm and began putting money in a bag, another teller realized what was happening and informed Fawzi, who was the customer she was serving, about the robbery. Fawzi told KSN TV, the local NBC affiliate that he asked the teller if everything was all right and the teller responded they "might be getting robbed.

According to KSN, Police said the Fawzi turned toward Walker, pulled out a concealed handgun and pointed it at the suspect. Fawzi then told Waker he was "not going to rob the bank today" to which Walker responded, "I have a bomb." This did not deter Fawzi who repeated that the bank was not going to be robbed. He then escorted Walker at gun point to a chair where we stayed until the police arrived. Police said Fawzi had a concealed weapons permit and the suspect did not have a bomb. Webster is charged with attempted bank robbery.

Come to think of it, maybe Barack Obama, who does not support concealed carry, can also learn something from this incident.

Kudos to Mr. Fawzi. Hat tip to Cam Edwards and NRANews.com

Sunday, June 15, 2008

Crush'n Clays Event Breaks Attendance Record

The 10th annual Crush’n Clays had a record breaking attendance! The event was not only sold-out, but actually over capacity with 119 shooters. This total exceeds our previous record total by more than 20 shooters! Team entries we sold out two week in advance of the event. We also had a record breaking number of participants in the Annie Oakley event. Even more astonishing, with such a large crowd, the event ran on schedule with no delays. This is a direct result of the hard working range officers working the fields, who kept everything on schedule.

The event which is jointly sponsored by the Arlington/Fairfax IWLA Chapter and the Virginia Shooting Sports Association has raised $190,000 over that last ten years, to benefit St. Jude Children’s Research Hospital.

The day started with a trapshooting clinic under the excellent tutelage of Bob Brino Director of Trap & Skeet. Arlington – Fairfax IWLA. A big thanks goes to Bob who donated the targets. With over 7,000 targets shot, the cost of the targets was nearly $600.

A special participant was Tom Ridenour. Several years ago, Tom was a member of the Arlington-Fairfax IWLA Scholastic Clay Target Trap Team. He recently returned from a tour in Iraq with the National Guard where he was injured in an IED blast in February, but fortunately he has recovered. We’re glad to have him home. Tom is the son of Bill Ridenour, a Range Safety Officer at the Skeet and Trap Range.

The 2008 Crush’n Clays event championship went to Lu Charette, VSSA’s own Executive Director. The class champions included; J.R. Wingfield Class A Champion, Dominck Casciano Jr. (and Crush’ Clays Sponsor) Class B Champion, Buddy Colby, Class C Champion and Joe Primerano Class D Champion.

High Team, recognition went once again to Piedmont Sportsman’s Club. Shooting on the PSC Team were Lu Charette, Andrea Smith, J.R. Wingfield and Mark Charette. Second place went to Dave Wabeke’s Team from the Arlington-Fairfax IWLA and third place went to Dan Burrer’s Team also of the Arlington-Fairfax IWLA.

Crush’n Clays was the first event of its type when it was launched in 1999. Since then many other similar events have been organized nationwide to benefit St. Jude’s, the Ronald McDonald House and other charities.

Competitors received event T-shirts, ammunition, refreshments from Everfresh and lunch prepared by Rick Kohne of the Arlington- Fairfax IWLA.

Thank go to the event sponsors, supporters and volunteers especially, the National Rifle Association, Atlantic Healthcare Inc., the Virginia Shooting Sports Association and Everfresh. Special thanks go to the Arlington-Fairfax Chapter of the IWLA for their support including facilities, targets and volunteers. Their support was critical to the event’s success.

Friday, June 13, 2008

Greentop Sporting Goods Becomes Second Local Gun Store to be Robbed

Shortly after midnight Thursday night (June 12th), Greentop Sporting Goods became the second locally owned gun shop to be broken into. In April, Dance's Sporting Goods was broken into. The Richmond Times Dispatch reported today that the suspects, wearing dark clothing that covered most of their bodies, smashed into glass cases at the front of the store and stolen 34 semi-automatic handguns of various calibers. They were caught on the store's video tape system.

The RTD reported that deputies arrived three minutes after the alarm went off, but the thieves were already gone.

Photo courtesy of Hanover County Sheriff's Office

The handguns stolen were taken from locked glass cases in the front of the store, which were broken by the suspects involved in this case. The guns stolen were .357, .380, .40, .44, .45, and .50 caliber semi-automatic weapons. After a review of the security video provided by Green Top officials, the suspects (shown below) involved in this case were wearing clothing that concealed most areas of their bodies, which makes it more difficult to provide an accurate suspect description in this case.

On April 19th, local CBS affiliate WTVR reported that surveillance tape caught two masked individuals taking 30 guns in just over a minute in the Dance's break-in.

Thursday, June 12, 2008

Man Carrying Gun Legally Causes Stir on Richmond Transit Bus

I have come to expect this in Northern Virginia where many in the population are transplants from areas less gun friendly but I would have thought it would have caused less of a stir in Richmond. The Richmond Times Dispatch web site is reporting that Richmond police "scrambled in several parts of the city" shortly after 10:00 am this morning upon receiving reports of a man with a gun on a GRTC Transit System bus.

The police found the man in question 15 minutes later on East Broad Street and guess what! They discovered that the man was legally carrying the handgun. The news story said that was after a few "anxious moments" trying to determine which bus it was, where it was and whether there was actually a gunman aboard. Note to the uninformed, most criminals don't intent on doing harm don't usually carry a gun in a holster in plain site.

The incident is more evidence the pro-rights supporters need to work to educate the public that when an individual is seen carrying a firearm openly, it does not automatically mean the individual is up to no good.

Wednesday, June 11, 2008

Democratic Oklahoma Congressman and NRA Board Member Declines to Endorse Obama

The Associated Press reported yesterday that Oklahoma's lone Democrat in Congress, and newest NRA Board Member, David Boren, declined to endorse Senator Barack Obama. Boren said that while Obama has talked about working with Republicans, "unfortunately, his record does not reflect working in a bipartisan fashion." Boren, a self-described centrist, is seeking a third term this year in a mostly rural district that stretches across eastern Oklahoma. "We're much more conservative," Boren said of his district. 'I've got to reflect my district. No one means more to me than the people who elected me. I have to listen them.' He called Obama "the most liberal senator in the U.S. Senate."

Seems Obama will have more trouble uniting his party than some thought.

Friday, June 6, 2008

More on Obama'sForay into Virginia

The national press, which has been fawning over Barack Obama since he won Iowa in January, continues to point to Virginia as a road map to the White House for Obama. Today's Washington Post pointed out that Democrats suggest that Obama is uniquely qualified to put Virginia in play. The Post stated that Democrats point to demographic changes in the past four years, becoming more diverse, more suburban and wealthier -- factors Democrats say helped secure statewide victories for Gov. Timothy M. Kaine and Senator Jim Webb.

What Democrats do not say is that both of the Republican opponents ran terrible campaigns. Democrats also point to the fact that Virginia has a significant African American population (about 20 percent) and is home to a comparatively well-educated electorate in vote-rich Northern Virginia, constituencies that have supported Obama in huge numbers.

Obama soared into Virginia yesterday, borrowing parts of the strategies of Kaine and former governor Mark R. Warner, who is running for the U.S. Senate this year. Kaine, Webb and (less likely because he is the favorite to pick up a Republican Senate seat) Warner all have been mentioned as possible vice presidential picks for Obama, further increasing the focus on Virginia.

In Bristol in southwestern Virginia's coal country, Obama took his campaign to the heart of the Appalachian region, where Sen. Hillary Rodham Clinton (D-N.Y.) ran strong in the primaries and a region full of those "bitter" folks who "cling to guns and God." Obama was joined by Warner, who has appealed to rural voters.

But, Obama, you are no Mark Warner. Guns owners must get active this election season because an Obama administration with an emboldened Democratic Majority in the House and Senate could spell bad news for gun rights.

Charges Against Former DGIF Director Dismissed

Circuit Judge Richard D. Taylor Jr. ruled yesterday that prosecutors failed to prove former DGIF Director William Woodfin committed a crime when he used state funds to equip a 2004 African safari. The Richmond Times-Dispatch reports today that then-Deputy Secretary of Natural Resources David Paylor testified he gave Woodfin approval to take a satellite phone to use for business purposes while in Africa. Paylor testified there were no discussions about personal use of the phone. Woodfin's wife became ill during the trip and he accrued a charge of almost $400 -- since reimbursed -- for personal use of the satellite phone.

From February to July 2004, Woodfin used his department-issued American Express card to purchase clothing and boots. Prosecutors questioned the need for those purchases, because Woodfin had clothes provided to him. The chief financial officer of the game department signed off on the credit-card expenses in question, saying in court that in his opinion it was a "proper, reasonable, prudent purchase on the credit card."

Davis testified there were no policies in place at the time limiting the purchase of clothing items for employees of the department's executive office.

Charges were dropped previously against two former state game wardens who accompanied Woodfin on the safari, which was supposed to be a fact-finding trip on wildlife conservation.

Some sportsmen questioned the use of state funds for the trip while they felt state wildlife properties were suffering from previous budget cuts. This likely ends what has been a four year chapter in the agency's history that saw several proposals to change the way the agency's Board and director is chosen. Currently, the Board, which is appointed by the Governor, hires the Director of the agency. Some legislators have introduced legislation that would change the way the Board is appointed by making some members appointees of the General Assembly and some appointees of the Governor. All of those changes have failed to make it through the Assembly.

The Agency has made changes to keep this type of thing from occurring in the future.

Thursday, June 5, 2008

Obama thinks Virginia is "In Play"

Presumed Democratic Presidential Nominee Senator Barack Obama seems to think that Virginia is in play this year, having handily won the Commonwealth's Democratic Primary earlier this year. He was in Bristol today with U.S. Senate candidate and former Governor Mark Warner and will be in Prince William County later today with U.S. Senator Jim Webb. It should be noted that both Warner and Webb have verifiable gun rights credentials. Obama is the most anti-gun presidential candidate in history.

While Warner did not veto any of the pro-gun bills that arrived on his desk while he was Governor, he does have some history of stating support for certain gun control laws. He is on record as supporting the Clinton gun ban (Washington Post, 10/9/96). Also while running for Governor, Warner said he opposed the repeal of Virginia’s handgun rationing law (one gun-a-month) and said he would veto a bill to repeal it. He also supported Fairfax County's attempts to ban guns in recreation centers saying “If this kind of legislation went through, I'd sign it,” but added “My sense is under the current General Assembly, you're not going to see this kind of law go through.” (Washington Post, July 21, 2001).

Warner is running against another pro-gun former governor, Jim Gilmore, to fill the seat of retiring Senator John Warner. Given that Warner has stated that he supported the Clinton Gun Ban (ban on semi-autos purposely misnamed "assault weapons) and that Obama has said he wants to reinstate the ban, Virginia gun owners should take every opportunity to press Governor Warner on the issue and how he would vote if he is elected. Governor Gilmore is a member of the NRA Board of Directors.

Indoor Shooting Facility Proposal in Loudoun County

On Monday, June 9, the Loudoun County Board of Supervisors will likely consider a proposal to allow for construction of a new indoor shooting facility to be located in Ashburn. The Beaumeade Gun Club is requesting that a special exception be approved to allow the indoor firearm facility. The location of the proposed shooting facility appears to be ideally suited for such an operation which is a much-needed resource for the area’s law-abiding firearm owners. The planning commission has recommended approval of the facility.

It is widely recognized that increased development in Loudoun County has greatly diminished opportunities for law-abiding firearm owners to develop and improve their firearms proficiency.

Please contact both your Supervisor, and Board Chairman Scott York, and strongly encourage them to grant Beaumeade Gun Club’s special use exemption and allow for this important project to move forward! You can contact the Board Members at (703) 777-0204 or by email which is listed below.

Please contact both your Supervisor, and Board Chairman Scott York, and strongly encourage them to grant Beaumeade Gun Club’s special use exemption and allow for this important project to move forward! You can contact the Board Members at (703) 777-0204 or by email which is listed below.

Please also make plans to attend the meeting on Monday, June 9 at 6:00 p.m. in the County Government Building, 1 Harrison Street, Leesburg, Va 20177.

For more information on the proposal click here and you will find the planning commission's recommendation as well as other documents about proposal.

Update:
By a vote of 8-0-1, the Loudoun County Board of Supervisors voted to advance a special use exemption for the Beaumeade Gun Club that will allow for the construction of an indoor shooting facility in Ashburn. The measure will be considered for final approval at the Board's next regularly scheduled meeting in July. Please contact your Supervisor, as well as Board Chairman Scott York, and thank them for their support of this project, and strongly encourage them to give their final approval next month! You can contact the board members at (703) 777-0204 or you can use the contact information below

Board Supervisors:

Supervisor Scott York (Chairman)
syork@loudoun.gov

Supervisor Susan Klimek Buckley (Sugarland Run)
susan.buckley@loudoun.gov

Supervisor Jim Burton (Blue Ridge)
jburton@loudoun.gov

Supervisor Lori Waters (Broad Run)
lori.waters@loudoun.gov

Supervisor Sally Kurtz (Catoctin)
skurtz@loudoun.gov

Supervisor Stevens Miller (Dulles)
stevens.miller@loudoun.gov

Supervisor Kelly Burk (Leesburg)
supervisor.kelly.burk@loudoun.gov

Supervisor Andrea McGimsey
andrea.mcgimsey@loudoun.gov

Supervisor Eugene Delgaudio (Sterling)
edelgaud@loudoun.gov