No right to bear machine guns

So says the federal Court of Appeals for the Sixth Circuit, based in Cincinnati:

A former commander in the Tennessee State Guard has lost an appeal to overturn his conviction for trying to provide his soldiers with homemade machine guns for possible use in defending the state.

On Wednesday, a federal appeals court in Cincinnati threw the case out of court.

“Whatever the individual right to keep and bear arms might entail, it does not authorize an unlicensed individual to possess unregistered machine guns for personal use,” said the three-judge panel of the Sixth US Circuit Court of Appeals.

Richard Hamblen was arrested in 2004 by federal firearms agents and charged with possession of nine unregistered machine guns. ...

Article here.

Tennessee AG says landlords can ban guns in rented apartments

From the Volunteer State:

NASHVILLE - A landlord can legally prohibit tenants who hold handgun carry permits from bringing their weapons into a rented apartment, according to an opinion from Attorney General Bob Cooper that was released today.

The opinion came in response to a request from state Rep. Tony Shipley, R-Kingsport, who said he had thought the answer would have been to the contrary.

Shipley said the question was raised by an adult University of Tennessee student who had been prohibited from having a firearm in his rented Knoxville apartment.

"It strikes me that there shouldn't be a prohibition," he said in a telephone interview.

Shipley said the Fourth Amendment to the U.S. Constitution would apply to someone living in an apartment to prevent law enforcement officers from entering without a search warrant.

"If the Fourth Amendment applies, why doesn't the Second Amendment apply?" he said. "Can a landlord say you give up free speech, under the First Amendment, in the apartment? I think not." [emphasis added]

Shipley said he had not read the opinion and wanted to study it further. He also said he would consider bringing legislation on the subject next year, though now focused on other legislative priorities. ...

Article here. As Rep. Shipley intimates, if a landlord can ban a fundamental, constitutionally-protected human right to keep and bear arms, what other rights can he ban?

Tennessee wants group of states to assert Tenth Amendment rights

From World Net Daily:

Tennessee is urging 49 other states to come together and create a "joint working group between the states" to combat unconstitutional federal legislation and assert state rights.

Tennessee Gov. Phil Bredesen signed HJR 108, the State Sovereignty Resolution on June 23. According to the Tenth Amendment Center, the resolution created a committee to form a joint working group between the states to enumerate the abuses of authority by the federal government and seek repeal of imposed mandates.

State Rep. Susan Lynn recently wrote a letter to the other 49 state legislatures, inviting them to join the group and warning that the role of the federal government has been "blurred, bent and breached."

"The national government has become a complex system of programs whose purposes lie outside of the responsibilities of the enumerated powers and of securing our natural rights; programs that benefit some while others must pay," Lynn wrote. "Today, the federal government seeks to control the salaries of those employed by private business, to change the provisions of private of contracts, to nationalize banks, insurers and auto manufacturers, and to dictate to every person in the land what his or her medical choices will be."

She continued, "Forcing property from employers to provide healthcare, legislating what individuals are and are not entitled to, and using the labor of some so that others can receive money that they did not earn goes far beyond securing natural rights, and the enumerated powers in the Constitution." ...

More here.

One month later, still no bloodbaths in Tennessee bars

From the Volunteer State:

It's almost been almost a month since the law allowing gun-carry permit holders to carry in bars and restaurants if they're not drinking, and I haven't heard of even one violent incident. Have you?

I've scoured the Internet, searched television, radio and newspaper Web sites. Nothing. Seems like I remember Nashville restaurateur Randy Rayburn saying just before the law went into effect, "In Tennessee, we apparently are going to have 225,000 vigilantes shooting in bars." Randy's an old friend of mine, and I have the utmost respect for him as a restaurateur, but he was wrong on this one.

As was Adam Dread, another old friend. Dread feared some drunk would take a gun from a carry permit holder. Seeing as how nobody knows the vast majority of permit holders are packing, I don't see how that's even relevant to the argument. Dread also worried about the impact on tourism. There are 37 other states with similar laws on the books, and there's absolutely no indication it's had any effect on tourism. ...

Article here. Yet another hysterical prediction from the anti-gun side fails to materialize. If you're in the Volunteer State, you ought to make sure any restaurant with a "no guns" sign knows exactly why you won't be dining and spending your money at that establishment.

Some Tennessee restaurants to prohibit guns

From the Volunteer State:

OAK RIDGE — Five of 11 Oak Ridge restaurants surveyed this week said they either will prohibit guns in their businesses or are leaning toward doing so under a new state law that went into effect July 14.

Conversely, two restaurants said they will allow permit holders to carry weapons.

Meanwhile, representatives at four other establishments said they have either not yet made a decision or not announced one.

The new Tennessee law allows permit holders to carry weapons into restaurants that serve alcohol as long as the person carrying the gun doesn't drink. Restaurant owners can reportedly "opt out" of the legislation by posting signs announcing a ban on weapons in their establishments.

The local restaurants prohibiting guns or intending to prohibit them are Flatwater Grill, Outback Steakhouse and Magnolia Tree Restaurant.
...
Of the restaurants surveyed by The Oak Ridger, the two that will allow permit holders to carry weapons are Ruby Tuesday and Red Lobster.

Ruby Tuesday overwhelmingly serves food, as opposed to alcohol, and has never prohibited permit holders from carrying firearms, spokesman Richard Johnson said.

"We've made no changes as a result of the legislation," he said. ...

Article here. Seems like a dumb way to lose law-abiding customers (the only ones who would obey such a ban), particularly in a deep recession, when every customer dollar counts. Perhaps Tennessee permit holders should call or pay a visit to the restaurants that restrict their right to self-defense and let the management know why they won't be patronizing their establishments and will be taking their money elsewhere.

Tennessee municipality bans guns in parks

From the Volunteer State:

Signal Mountain becomes the latest municipality to opt out of the state law allowing guns in parks.

Monday night the Town Council unanimously approved a resolution prohibiting guns in parks.

It essentially extends an existing ban.

It's a hot button issue that brought out opinions on both sides.

Lucas Marshall, Signal Mountain, "Play a couple times a week."

Lucas Marshall and his friend Scott Head would rather not play tennis at this Signal Mountain park if there's a chance someone is carrying a gun.

Marshall, "There's no real reason why you should have a fire arm in the park."Scott Head, "There's plenty of kids around the neighborhood plenty of kids at the park and if one of them got a hold of it it would be bad."

Signal Mountain town leaders unanimously agree.

They passed a resolution making sure guns will not be allowed in public parks and other natural areas. ...

Article here, with video report available at the link.

Of course, only those who scrupulously obey the law will obey this law. Violent criminals, as always, aren't affected by this latest infringement. Hopefully, the Tennessee legislature will address this nonsense in the next session, voiding any existing bans and preempting future bans.

Tennessee restaurant owner sues to stop restaurant carry law

From the Volunteer State:

A restaurateur and others who serve alcohol asked the Tennessee Attorney General to join them in opposing a proposed law that will expressly allow loaded guns in bars. The Legislature overrode Gov. Phil Bredesen's veto and the law is slated to take effect on July 14.

It will make Tennessee the first state to expressly allow people to carry a loaded, concealed gun into a bar, according to the complaint in Davidson County Court.

Randy Rayburn, a restaurant owner, claims that with more than 220,000 gun permit-holders in Tennessee, the "guns in bar law" will create a public nuisance, threaten the health, safety and welfare of the public and endanger the lives of bar and restaurant employees.

The plaintiffs claim the bill was passed through trickery, as proponents called it the "restaurant carry" law or "restaurant bill," all the while knowing that Tennessee liquor laws do not differentiate between bars and restaurants.

Even if a restaurant or bar posts a "no firearms" sign, under the new law, violators will allegedly face no more than $500 in fines for ignoring it.

Supporters of the law claim that 38 states have similar laws that allow permit holders to bring their weapons into businesses that serve alcohol, but the petitioners say that's not true.

The plaintiffs say 14 of those states prohibit loaded guns in bars and the other 24 states do not have laws that expressly permit or prohibit guns in bars. ...

Article here. As far as I can tell, the gist of the plaintiffs' argument appears to be that they disagree with the law. It's hard to discern what their legal argument is, and given that the legislature overrode a veto to get the law enacted, there is obviously wide political support among lawmakers for the bill. Arguing that lawmakers were "deceived" as to the status of bars vs. restaurants under the state law (that the legislature itself wrote) governing such establishments is unlikely to elicit much judicial interest in overturning a law with such wide political support, absent some clear constitutional infirmity.

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

Fed's blame U.S. gun owners for Mexican violence:

"This report is really affirming the information received by the professional gun grabbers at the Bureau of Alcohol, Tobacco, Firearms and Explosives. In fact, it uses numbers provided by the ATF without questioning where those numbers came from to begin with," says Lt. Stephen Rodgers, a police commander who favors the Second Amendment.

"My fear is that the Obama Administration will create a phony 'crisis' in order to justify violating the rights of citizens to own and bear arms, a constitutional right that sticks in the craw of the liberal-left power structure in this country," adds Rodgers.

The GAO claims that evidence indicates a large proportion of the firearms fueling Mexican drug violence originated in the United States, including a growing number of increasingly lethal weapons. While admitting it is impossible to know how many firearms are illegally trafficked into Mexico in a given year, over 20,000, or around 90 percent, of firearms seized by Mexican authorities and traced over the past 5 years originated in the United States, according to data from DOJ's Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

However, observers believe that the "90 percent" figure is based on information provided by a foreign government that relies on the US for millions and millions of dollars in aid each year in fighting the so-called war on drugs.

“There’s just one problem with the 90 percent ‘statistic’ and it’s a big one: It’s just not true. In fact, it’s not even close. The fact is, only 17 percent of guns found at Mexican crime scenes have been traced to the US, ” said Snyder, who also serves as an advisor to the National Association of Chiefs of Police and the American Federation of Police.

"A large part of the guns recovered in Mexico do not get sent back to the U.S. for tracing, because it is obvious from their markings that they do not come from the US," he added. ...

Meanwhile, Congressmen push White House for new "assault weapons" ban:

WASHINGTON – Democrats and Republicans in the House of Representatives asked President Barack Obama on Friday for an improved strategy against the arms traffic to Mexico, beginning with the reinstatement of a ban on U.S. imports of assault weapons [emphasis added]

In a letter sent Friday, the chairman of the House Subcommittee on the Western Hemisphere, Rep. Eliot Engel (D-N.Y.), and other lawmakers asked that efforts be made to step up the fight against the arms trade that fuels drug-cartel violence blamed for more than 10,000 deaths in Mexico over the past 2 1/2 years. ...

[Florida] Free class promotes safe gun handling and use:

With her daughter, Jessica Hurford, 30, Myers enrolled in one of Von Bender's free "Concealed Carry Training" classes through the Armed Citizen League. The women learned how to choose a handgun, how to safely store and clean a firearm and how to buy ammunition.

"My daughter and I went together because we're both single and we live alone," Myers said. "Right now, especially after 9/11, there are so many single women out there, and we need to know how to protect ourselves.
...
A former drill instructor at the U.S. Military Academy at West Point, Von Bender has been a National Rifle Association-certified teacher for nearly a decade. He started offering his training classes seven months ago, holding sessions twice a day, five times a week, at no charge. He also runs the Suncoast Gun Club, a gun education program for children.

"I have ladies 50 and older that are coming in that have never held a gun before, and they're doing this because they're scared," Von Bender said. "It's sad that that's the world we live in. But this is a way for people to feel a little safer. I try to help them as much as I can." ...

[Kentucky] Pastor opens church to open carry event:

LOUISVILLE, Ky. -- A southwest Jefferson County church opened its doors to guns as the pastor makes a point about the Second Amendment to the Constitution.

At the New Bethel Church, Reverend Ken Pagano said the church is celebrating the independence and freedom provided by the constitution by raising awareness about being a safe and responsible gun owner.

Pagano said he felt he had a duty to teach that to his community and congregation. He decided to do so by allowing everyone to carry guns into the church.

"As a church, we're here for the community and also want to address community minded issues," Pagano said.

On Saturday, he open the sanctuary of the church to an "Open Carry Celebration." ...

[California] Ammo registration, "smart" gun bills frustrate gun store owners:

Two new pieces of legislation related to guns are making their way through Sacramento — and making gun store owners in the Mid-Valley frustrated at what they call political myopia.

The bills, AB 962 by Assemblyman Kevin de Leon, D-East Los Angeles, and SB 697, by Senator Mark DeSaulnier, D-Concord, are aimed at reducing gun violence and improving gun safety.

But gun store owners like Lee Smith said the bills are pointless at best, and full of unintended consequences at worst.

"It does nothing other than create more paperwork and make a crime out of exchanging ammo between two people," said Smith, managing partner of Shooting Gallery in Yuba City, of AB 962. "They're do-nothing bills that restrict what's now a constitutional right."

AB 962 would compel those who sell ammunition to be licensed the same as gun dealers, and mandate a face-to-face transaction when someone buys ammunition.
...
DeSaulnier's bill, SB 697, would mandate safety measures be included in every gun sold in California. That technology would be used to tell how many unfired cartridges remain in a gun, to avoid accidental shootings when thought to be empty.

Guns would also have to have biometric technology to prevent them from being fired if someone other than the registered owner tried to do so.

Gun store owner and former Sutter County Sheriff Roy Whiteaker said such technology would add so much to the cost of a gun, it could kill gun manufacturers' willingness to put product into California. ...

[Ohio] Church rallies for gun rights:

A rally was held Monday, June 29 in west Toledo in support of the right to bear arms.

Sponsors say they are worried about the Obama administration's view on gun control, even though there's been no new restrictions.

The rally pointed to numerous biblical references claiming Jesus Christ would support second amendment rights. "We're just informing our folks you got to be able to protect yourself and what does the Bible have to say about it. We know our constitution. But this is the final authority here above our Constitution is the word of God," said Reverend Andrew Edwards with the Northwest Baptist Church. ...

[Tennessee] Cities look to ban guns in parks:

Local governments and advocates for firearms owners are gearing up for a summer face-off over how far to take a new state law that lets people with carry permits bring handguns into parks.

City councils across Tennessee, including Nashville and Hendersonville, are moving to reaffirm their bans on handguns in parks following passage of a new state law. But people opposed to handgun restrictions are mobilizing to block their efforts.

"I don't think it's necessarily reasonable to close all of them," John Harris, executive director of the Tennessee Firearms Association, said of Metro's plans to keep parks closed to handguns. "I don't think it's necessarily reasonable to close any of them."

A state law signed earlier this month by Gov. Phil Bredesen has touched off the debate.

The law is meant to let handgun permit holders carry their weapons into every park in the state, wiping out local policies governing handguns.

But in a compromise to smooth the law's passage, legislators included a provision that gives local governments the power to ban guns in some or all of their parks by passing a new ordinance. ...

[Missouri] Residents seek record numbers of CCW permits:

Jackie Poynter surveys the row of handguns on the metal table and picks out a silver .22-caliber Smith & Wesson.

With protective ear muffs on, the 31-year-old Independence woman waits for the firearms instructor to give the signal before squeezing off a series of shots.

“We’ve got a marksman right here,” she exclaims. “Lord help anyone breaking into my house.”

Across the Kansas City area, record numbers of people like Poynter are applying for permits to carry concealed weapons. The surge reflects the fears of rising crime in a down economy and concerns that the election of President Barack Obama might bring new limits on gun rights.

Clay County has seen the biggest increase.

From Jan. 1 through the end of May, 801 Clay County residents applied for permits to carry a concealed weapon — compared with 863 in all of 2008.

Sheriff Bob Boydston said that in January the line of applicants stretched across the office. Each week, the line got longer.

Eventually, Boydston had to pull deputies from other duties to handle the demand. The county has gone from accepting applications two days a week to five. ...

[Ohio] Concealed carry permits on the rise:

... More and more Ohioans are carrying concealed weapons, with an enormous increase this year alone. Most officials attribute that increase to the fear that Barack Obama's administration in the White House will take away guns, coupled with the struggling economy and an increase in crime.

Through March, Ohio reported 159,000 residents with concealed carry licenses, which represents about 1 percent of the population. Of that number, 16,323 were new licenses issued in the first three months of the year, a number that continues to climb at a high rate.

The Bureau of Alcohol, Tobacco, Firearms and Explosives estimates 25 percent of the U.S. population owns a gun of some type, and half the households in the country have at least one gun inside.

Many local counties report doubling or tripling the number of applicants for the first six months of the year compared to all of 2008. In Auglaize County, 92 licenses were issued last year, compared to 295 so far this year. Allen County issued 323 licenses last year, compared to 449 so far this year. ...

[Arizona] Lawmakers pass restaurant carry bill:

PHOENIX — The Arizona Senate has approved a bill to allow people with concealed weapons permits to carry a gun into a business that serves alcohol.

The 19-8 vote completes Legislative action on the bill and sends it to Gov. Jan Brewer.

The measure has pitted powerful groups representing gun and bar owners against each other.

It would require bar and restaurant owners who want to ban weapons to post a sign next to their liquor license. Drinking while carrying a weapon would be illegal. ...

[Tennessee] Beale Street merchants to ban guns:

Beale Street developer John Elkington calls it the “summer of discontent.”

It was the summer three years ago when the entertainment district cracked down on minors being on the street late at night and began screening the adults at different checkpoints along the street. Elkington remembers 650 knives being seized that first summer.

Later this month, Beale Street will break out the hand-held metal detectors at the entrance points and use other security measures to keep guns out of the three-block area day and night.

The new measures are a reaction to the Tennessee Legislature’s passage of a law permitting those who legally own handguns to carry them concealed in places that serve alcohol as long as they aren’t drinking. ...

NICS now requires place of birth:

Beginning June 29, 2009, the FBI Criminal Justice Information Services (CJIS) Division’s National Instant Criminal Background Check System (NICS) section is requiring that place of birth be provided for all FBI-initiated transactions. This will be a valuable and efficient addition to the NICS process for the following reasons:

Currently, place of birth is a mandatory field on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 and is therefore readily available for inclusion in the NICS check. There are no additional information disclosures for the potential purchaser or data collection requirements for Federal Firearms Licensees (FFLs).

Being a name-based search, having additional data points such as the place of birth helps to increase the accuracy and efficiency of firearm eligibility determinations. Place of birth is either a mandatory or optional field for entry of records into all three of the databases that the NICS searches against: the Interstate Identification Index (III), the National Crime Information Center (NCIC), and the NICS Index. ...

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

More whimpering from the New York Times about restaurant carry:

Beyond farce in statehouse politics — think New York, Illinois and South Carolina — there can be danger. Think Tennessee, where the Legislature just overrode the governor’s veto and rescinded a law barring patrons from carrying handguns in bars and restaurants.

Once again, politicians caved to the gun lobby’s “right to carry” agenda which insists that there is no place — campuses, workplaces, churches — that should be off limits to guns.

We fear that Gov. Phil Bredesen, a gun owner and hunter, was right when he warned his state: “It’s an invitation to a disaster.”

The governor found no safety in provisions that ban the licensed gun toters from drinking alcohol — is it the honor system or will bartenders do a search? — and allow bar and restaurant owners to opt out by posting a notice prohibiting guns. Unfortunately, there is no requirement for owners to post warnings of the dangers inside at the doorways of gun-friendly places.

The pity is that more than 30 states have similar laws. Travelers might want to check for sensible places to eat, unless they really believe the gun lobby’s propaganda that an armed diner at the next table offers an extra comfort. ...

Comment: What a pathetic, fearful existence it must be to be a New York Times editorialist. Baaa, Baaa, little sheeple.


[Arizona] House OKs guns in parking lots bill:

After lengthy debate, the House passed a bill on Friday that would prohibit property and business owners from banning guns in their parking areas, if the guns are locked in privately owned vehicles.

Legislators also amended Senate Bill 1168 to exempt certain lots. Parking areas that are fenced or guarded, or which provide temporary and secure gun storage, would still be able to prohibit firearms.

[Arizona] Senate passes campus carry bill:

PHOENIX -- Saying it will make people safer, state senators voted Friday to let people with concealed weapons permits carry them onto college and university campuses where they are now forbidden.

The 15-6 vote on the provision in HB 2439 came after backers said they believe that having people who are licensed by the state to have weapons should cut down on the number of massacres that occur on campuses. And Sen. John Huppenthal, R-Chandler, said that has happened in Arizona. He did not refer by name to the 2002 incident at the University of Arizona where three instructors at the College of Nursing were slain by student Robert S. Flores Jr. who then turned the gun on himself.

But Huppenthal said the evidence shows that it makes sense, from a safety standpoint, to let people carry guns.

"The states that have concealed carry (laws) have statistically significant smaller mass shootings," he said. ...

[Tennessee] Murfreesboro defers vote on parks gun ban:

Concerned with how a blanket ban on guns in parks will affect the city, Murfreesboro City Council chose to defer voting on the issue Thursday night.

“I’d like to wait to hear from the TSSAA and see if this would affect Spring Fling,” Mayor Tommy Bragg said.

City Manager Roger Haley proposed a city-wide ban in municipal parks after Tennessee’s General Assembly passed a law that allows carrying guns in state and city parks legal, as along as the individual has a carry permit.

“It’s not our intention to interfere with the Second Amendment rights of the people … (but) to provide for a safe environment for the children and public use our park facilities,” Haley said last night.

Councilman Toby Gilley disagreed in full, saying he wholly supports the new state law. Gilley was the only councilman who voted against deferring the measure.

Haley’s suggestion to outlaw guns in city parks backed is by Murfreesboro Police Chief Glenn Chrisman, Parks and Recreation Department Director Lanny Goodwin and Old Fort Golf Director Tracy Wilkins. ...

[New Jersey] Senate passes "one gun a month" law:

After literally years of effort, the powerful anti-gun forces in New Jersey politics have finally succeeded in passing a "one handgun per month" bill, which now heads to Governor Corzine's desk for his inevitable signature.

A measure sponsored by Senators Sandra Bolden Cunningham and Teresa Ruiz, which would prohibit the sale and purchase of more than one handgun per person, within a 30-day period was approved today by the full Senate by a vote of 21 to 15.

Unless I'm missing a state or two somewhere, that makes New Jersey the fourth to pass this kind of law (or fifth, if you count South Carolina, which repealed its version of the law in 2004, after finding it to be ineffective at reducing violent crime). The others that still have such a law are California (no surprise there, with it's Brady Campaign Number One Tyranny Rating), Maryland (again, no surprise, with Maryland ranking almost as "high" as California), and Virginia. The fact that Virginia is one of only three (soon to be four) states with such a law is probably a surprise to some. Virginia, after all, is blamed for having "lax gun laws" that contribute toward it being part of the so-called "Iron Pipeline" of guns that end up illegally in places like New York City. ...

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[Montana] On guns in national parks bill:

... I view the passage of HR 627, a credit card reform bill with the highly publicized national park gun amendment attached, as valuable testimony for my past claims that the war to preserve the sanctity of the Second Amendment has been won. Clearly, most politicians are so gunshy about any recordable vote casting them as anti-gun and lowering their NRA grade – and therefore making them vulnerable to defeat in the next election – they go to untold lengths to avoid it.

Gun rights advocates must – and surely will – remain vigilant, but the victory in the Battle of the National Parks should give them confidence tthat hey have the political force with them. ...

[Florida] Concealed carry permits on the rise:

TAMPA - About a month ago, Audry Sauceda was carjacked and fought back.

He stuck a gun in my side and told me to get out of the car," Sauceda said while sharing her story with FOX 13 on May 15. "And I pulled out my gun and stuck it in his face, and told him, he needed to get out. He screamed and jumped out of the car."
...
It's been almost a year now since the June 26, 2008 landmark ruling in which the Supreme Court overturned the strictest gun-control law in the country, a ban on handguns.

And since then, Florida has been dealing with a rush of requests for concealed weapons permits.

Back at the Shooting Sports Gun Range on Dale Mabry in Tampa, Range Officer Fritz Caspers has seen the number of people signing up for his concealed weapons class double. ...

[Tennessee] Beale Street bans guns:

MEMPHIS, Tenn. - When Performa Entertainment Real Estate and the Beale Street Merchants Association failed to convince state lawmakers Beale Street should be exempt as a historical district, they came up with another plan in order to keep guns far away from its restaurants and bars.

"Our paramount concern is to provide for the safety and enjoyment of our guests and we're going to take any and all measures necessary to do that," said Onzie Horne Jr., Executive Director of the Beale Street Merchants Association.

Now weapons are banned on Beale starting the first weekend after a new state law allowing guns in bars takes effect.

"While we are certainly for second amendment rights and the rights that go with them we thought it was a bad bill," said John Elkington with CEO of Performa.

Beginning July 17th visitors to Beale Street can expect to be screened with metal detector wands at all entry points. Those enforcing the new ban liken it to the kind of security you experience at the airport.

Merchants say it shouldn't take long to get into the party area and once inside signs will remind everyone, "no guns allowed." ...

[Tennessee] Permit privacy bill fails in Senate:

NASHVILLE — The bill to close public access to records identifying Tennessee’s 220,000-plus handgun-carry permit holders fell three votes short of winning approval in the state Senate on Wednesday night.

It was a reversal for the gun lobby, which has been successful this year in winning approval of several bills to expand the places where permit holders are legally allowed to carry their sidearms, including parks and places where alcohol is served. The bill had passed the House 83-12 in May. ...

[D.C.] Smile, you're on gun cam - bill would put cameras on cop guns:

A D.C. Council member has reintroduced legislation to equip guns used by the District's police forces with cameras after a man was fatally shot by police in Northeast.

Council member Harry Thomas Jr. on Tuesday introduced a bill requiring Mayor Adrian M. Fenty to come up with a "plan for the installation of video and audio recording devices on service firearms of all police and special police officers."

Similar legislation died in the council's public safety committee last year after opposition from police, who say the cameras are bulky and fail to capture crucial evidence because they only begin recording once the officer draws the weapon. ...

[Pennsylvania] Appeals court invalidates Philadelphia "assault weapon" ban and straw purchase ordinances:

Two key provisions of Philadelphia's latest attempt to impose local gun controls - banning assault weapons and "straw purchases" of handguns - were invalidated yesterday by a state appeals court.

Following judicial precedent that doomed previous Philadelphia gun-control laws, Commonwealth Court held that the state Supreme Court ruled in 1996 that only the legislature has the authority to enact gun laws. Counties and municipal governments are out of luck.

But the 6-1 majority in Commonwealth Court affirmed part of the 2008 decision of then-Philadelphia Common Pleas Court Judge Jane Cutler Greenspan and allowed three other provisions. They require reporting lost or stolen handguns, allow temporary seizure of guns by police after probable cause is demonstrated, and bar gun ownership by people subject to protection-from-abuse orders.

Greenspan, now on the Pennsylvania Supreme Court, had ruled that the National Rifle Association and other challengers were not affected seriously enough to have legal standing to sue over those provisions.

The reporting provision is in effect, but the other two have not yet been implemented because they are legally complex and require the city to draft and adopt regulations, said Richard Feder, chief of appeals in the city Law Department

Feder said his office was "seriously considering" appealing the assault-weapon and straw-purchase provisions to the state Supreme Court. ...

[Louisiana] Gun dealers can't keep ammo in stock:

HOUMA — In 15 years of selling guns and ammunition, he’s never seen anything like it.

Shotgun shells, rifle cartridges and pistol rounds have been flying off the shelves with such speed at Houma Auto Parts, Calvin Prevost’s gun store on Honduras Street, that the owner has taken to hiding what ammunition he can in the back so customers who buy a gun can leave at least with a single box of rounds. Wednesday afternoon, there were wide gaps between the boxes of ammunition for sale at the shop, formerly an auto-parts and gun store but now strictly a firearms business.

“That shelf is usually packed,” Prevost said. “If we don’t hide ammo, they’ll buy it all.” ...

[Tennessee] Guns in parks debate moves to cities, counties:

FRANKLIN — State lawmakers have put local officials on the hot seat with the recent passage of a law allowing guns to be carried in public parks.

The legislation, which was signed into law last week by the governor, immediately opens state-owned parks to people who have handgun carry permits. Municipalities have until Sept. 1 to opt out of the new provision and ban guns from their own parks. ...

[D.C.] City expands approved gun roster in response to lawsuit:

The D.C. government released emergency regulations yesterday that greatly expand the models of handguns that District residents can own, a shift designed to stave off another lawsuit over its compliance with the Second Amendment.

The new regulations, which come as the District continues to grapple with last year's Supreme Court decision that threw out the city's gun ban, will allow residents to legally obtain at least 1,000 additional types and models of handguns.

City leaders sought to play down the effects of the new regulations, but gun rights advocates said they were another boost to their efforts to undo the District's long-held restrictions on personal possession of weapons. ...

Gun rights groups plan state-by-state revolt

From CBS News, on the recent states' rights movement:

Gary Marbut isn't aiming to eliminate federal gun laws. He just wants to make them much less relevant.

Marbut, president of the Montana Shooting Sports Association, is one of the leaders of a new grassroots movement that's seeking to invoke the principle of states' rights -- including states' own authority to regulate firearms -- to thwart what he and his allies view as an increasingly overreaching federal government.

Politicians in Washington have "assumed power that many of us believe was not authorized under the limits of the Constitution," Marbut said in an interview with CBSNews.com last week.

This modern-day federalist revolt began with a Montana state law recently signed by Democratic Gov. Brian Schweitzer. It says that firearms, ammunition, and accessories manufactured entirely inside Montana are not subject to federal regulation, including background checks for buyers and record-keeping requirements for sellers. They would remain subject to state regulation. ...

Article here. The article alludes to the fact that the Supreme Court will likely need to modify their existing precedents on the Constitution's interstate Commerce Clause, which have done considerable damage to the Tenth Amendment's reservation of powers to the states, in order for these state laws to prevail.

Tennessee passes park carry, states rights gun bills

From the New York Times, who in typical fashion bemoans the passage of these pro-gun rights bills:

Cities and counties across Tennessee are preparing this week to deal with the fallout from a raft of pro-gun bills recently signed into law in the state, where Republicans are flexing their new-found strength in the legislature.

Among the new laws is one that would allow people who have gun permits to carry guns in all public parks in the state. Another would exempt from federal regulation guns and ammunition made in Tennessee and kept within its borders.

The measure with the most immediate impact may be the guns-in-parks law. Cities and towns have the chance to opt out of it by Sept. 1 and are beginning debate now about whether to do so. The City of Nashville is scheduled to start hearings on Tuesday.

The measure allowing guns in state parks went into effect Friday and will probably go into effect in national parks starting in February. It applies to the 220,000 Tennesseans who hold gun permits as well as visitors from other states with valid permits.

The law exempting Tennessee from federal gun regulations, while having little immediate effect, may have broader implications down the road. It comes as part of a states’-rights movement that tries to test the limits of federal power. The Tennessee bill is nearly identical to one signed into law in Montana and similar to ones under consideration in other states. Since Montana’s law does not take effect until Oct. 1, the one in Tennessee, which takes effect July 1, could become the first test case in the courts.

“The purpose of this bill is to let people know we have state sovereignty and the federal government has no business telling us what to do,” State Senator Mae Beavers, a Mount Juliet Republican who sponsored the bill, said in an interview. ...

Article here. Notice the Times reporter's choice of wording in its opening sentence, that municipalities are "preparing ... to deal with the fallout" caused by these bills passing, as if expanding the ability of law-abiding citizens to protect themselves in parks, and the assertion of states rights to manage their own affairs, are bad things.

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

Georgia Rep. Paul Broun on Sotomayor and the Second Amendment:

... If confirmed by the U.S. Senate, Judge Sotomayor will likely be on the Supreme Court while a potentially groundbreaking Second Amendment case is decided. Constitutional scholars, gun owners and freedom loving Americans will once again find themselves on pins and needles.

For months now, the rights of gun owners all across this country have been in limbo as they experienced the fluid ups and downs of federal court opinions. At times they saw their individual rights eroding away under the weight of anti-gun activists who would impose personal views in place of the plain language of the 2nd Amendment. At other moments, it seemed the activists would be defeated by cases like District of Columbia v. Heller and individual rights would prevail.

In fact, over two hundred years ago – the author of the Declaration of Independence - President Thomas Jefferson, had many of the same concerns as he sat down to write a letter to his friend Wilson Cary Nicholas. Jefferson wrote, “Our peculiar security is in possession of a written Constitution. Let us not make it a blank paper by construction." ...

Another article on Chicago gun ban case:

Citing not the Constitution but judicial supremacy through legal precedent, the U.S. 7th Circuit Court of Appeals upheld strict gun control ordinances in Chicago and suburban Oak Park, Ill., stating the 2nd Amendment applies only to federal laws.

This is one of the rare times you will see the federal government deciding in favor of states. Except in this case, it’s misapplied and incorrect, because the Bill of Rights, wherein the Second Amendment is contained, takes precedence over any states’ infringement or cancellation of specific rights granted thereof. The Bill of Rights was meant to prohibit states from trampling on the rights of the people, just as much as it was meant to rein in such attacks from the federal level; it was meant to be a limitation on any government power.

Three Republican appointees — Judge Frank H. Easterbrook, Judge Richard A. Posner and Judge William J. Bauer — saw fit to hail their peers as the interpreters, deciders, and ignorers of the Constitution. Now the case will head for the Supreme Court in fall. And possibly by that time, Sonia Sotomayer will most likely have been approved by the Senate and sitting on the bench.

Sotomayer was part of a three-judge panel in New York that had already concluded that the 2nd Amendment and its protection does not apply to state and municipal laws. So the outcome of such a Supreme Court case leaves little to the imagination, as the justices will most likely try to squeeze out of the Second Amendment their own interpretation. ...

An open letter to liberals:

It’s time we talk. The debate over gun control is not about guns, it’s about culture, and here is how it works: You point to school shootings and other violence and say that it’s my fault because I support the right to keep and bear arms. I point to violent video games and sociopathic teenagers, and I say the problem is your fault, thanks to inadequately internalized values and morals.

But here’s the thing: Between guns and culture, only one thing has changed. Weapons have been in the hands of man since time immemorial. There is nothing special about semi-automatic “assault weapons.” In fact, until 1934 people could go out and buy fully automatic Thompson submachine guns, hand grenades or just about any other implement of destruction they could afford.
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Now, we could go the way of the Brits who, after the Dunblane massacre, banned everything in sight. Unfortunately, in this most perfect of gun control laboratories – an island nation with strict laws and tight borders – the result has been an explosion in crime…and yes, that especially includes gun crime.

It has also led their inadequately socialized post-60s kiddies to stab each other with such alarming regularity that the British have now begun to ban knives, leading us to the sad but inescapable conclusion that Brits can no longer be trusted with sharp objects. ...

[Tennessee] Senate passes Firearms Freedom Act:

The State Senate approved legislation today "that seeks to combat the destruction of the 10th Amendment of the Constitution by the Federal government in their attempt to infringe upon states’ rights."

Senate Bill 1610, known as the “Tennessee Firearms Freedom Act,” sponsored by Senator Mae Beavers, "takes a step in the right direction to restore to the states control of intra-state commerce and the regulation of firearms manufactured and sold within Tennessee," she said.

“Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state – enough is enough,” urged Judiciary Chairman Beavers.
...
The state House of Representatives passed the companion bill (HB 1796 by Ben West and Henry Fincher) last week and the bill will now head to the governor’s office.

There were 87 representatives and 21 senators who voted in favor of the bill.

[New York] Anti-gun politicians opine on the need for more infringements:

... Microstamping allows police officers to identify the buyer and seller of a gun used in a crime -- even if the gun is not recovered at the crime scene. Tracing shell casings found at the scene is no different than tracing a crime gun.

Here's how microstamping works:

Gun manufacturers already print a serial number on all guns, often on the barrel. If they also begin inserting a serial number on the firing pin inside the barrel, every time a gun is fired, a tiny stamp would be left on the shell casings, which police officers routinely recover at crime scenes.

Microstamping gives law enforcement a new link in the evidence chain.

With the serial number from the casing, police can identify the gun and trace it back to the original sale in a gun store to find out who bought the gun. Even if the first retail purchaser has nothing to do with the crime -- for example, in cases where the gun was stolen from a legal gun owner -- determining the chain of custody of a gun is a critically important lead that can break a case open.

Suddenly, a stolen gun becomes the key to finding the shooter.

This technology fills a critical information gap between crime scenes, crime guns and the criminals who pulled the trigger.

Microstamping is fully consistent with the Second Amendment, and it is supported by more than 60 New York police departments, the New York Association of Chiefs of Police, the New York State Fraternal Order of Police and 19 New York mayors who are part of the bipartisan coalition of Mayors Against Illegal Guns. [emphasis added] ...

Comment: The idea that locating the rightful owner of a stolen gun is "the key to finding the shooter" is almost too stupid for words. Notwithstanding the fact that microstamping can be easily defeated with, e.g., a five dollar file or a new firing pin, even if it works it only points to the person who legally purchased the gun that was stolen. And of course it only works if you can recover a spent cartridge from the gun in question. Of course, all the anti-gunners support this latest infringement, with the typical list of police agencies and their support organizations, led by would-be tyrants masquerading as elected servants.


[California] Santa Clarita resident details his first gun purchase in anti-gun California:

The ".22" I bought is actually considered a small-bore rifle. Gun sizes or "calibers" actually refer to the inside diameter of the gun barrel. "Caliber" is interchangeable with the word "inch." So, a 0.22 caliber gun fires a bullet that is 0.22" across.

I would think that a gun that fires such a little bullet would not worry the anti-gun folks so much. Boy, was I wrong.

I have never purchased a gun in the state of California. I had been through a gun class recently, so I was aware that there was a 10-day waiting period. I guess that helps stop "crimes of passion" where people rashly go out and buy a gun to do someone in.

I'm really glad we have that law. Now, instead of guns, all these angry people can use knives, baseball bats, rat poison and any one of myriad other methods to kill someone. That's much more humane.

I had shopped around and knew guns were very hard to find these days.

All the latest moves by the Obama administration have convinced the gun community that guns will soon be very hard to acquire.
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After checking out the goods, I decided to get it. Little did I know I was going to fall into Gun-Control Hell.

The pimply-faced, 18-year-old employee told me that there were a few formalities to take care of before our transaction was complete.

After fingerprinting me, verifying my driver's license, doing the laser eye retina scan and testing my DNA, he presented me with a small form to fill out.

"Small" is a relative term, of course. The extensive list of questions included queries about my criminal record, my relative mental stability, and whether I was a fugitive from the law.
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After half an hour of fun and games, I was allowed to pay for the gun and leave the store- without the gun. I was now in my "waiting period."

This was fine with me because I now had to go find ammunition since a gun without ammo is like a Democrat without union money. Impotent. ...

[D.C.] Norton pulls D.C. Voting Rights Act, citing amendments to remove D.C.'s gun controls:

D.C. Del. Eleanor Holmes Norton on Tuesday pulled the D.C. Voting Rights Act from consideration by the House of Representatives, as it became clear supporters did not have the votes to reject a pro-gun amendment attached in the Senate.

Norton, a Democrat, made the decision to withdraw the measure after meeting with key players over the weekend, including House Majority Leader Steny Hoyer, according to an e-mail she sent to key voting rights backers. The bill would have expanded the House by two seats, one for the District and the other, temporarily at least, for Utah.

“All agreed that there were good reasons to wait — for now,” wrote Norton, D.C.’s non-voting delegate. “Please understand that we are holding the bill for now, not giving up on voting rights.”

The bill, which had suffered defeat twice before, is unlikely to return before the next congressional session. ...

Comment: D.C. pols are so wedded to the idea of defenseless citizens that they would rather continue their draconian gun controls than have a vote in Congress, although without amending the Constitution, such a vote would likely be unconstitutional. Not that the Constitution appears to be much of an impediment to Washington politicians.


Press Release: Remington acquires Dakota Arms:

Remington Arms Company, Inc. through its fully owned subsidiary DA Acquisitions LLC has entered into a purchase agreement to acquire certain assets of Dakota Arms, LLC including the Dakota, Miller Arms, Dan Walter and Nesika Bay Precision brands. The transaction closed on June 5, 2009.Established in 1982 and headquartered in Sturgis, South Dakota, Dakota Arms is the leading manufacturer of custom and semi-custom rifles for the sporting markets.

The Dakota product lines are universally recognized for outstanding quality, design, accuracy and aesthetic appeal. The Dakota brands include Nesika, Miller Arms and Dan Walter. Nesika Bay Precision actions and rifles renowned for their exceptional accuracy; Miller Arms is known for the reliability and performance of its single-shot actions and custom rifles; and Dan Walter Cases are regarded as the premier travel and display cases for shotguns and rifles. Dakota Arms is strongly anchored in the Black Hills of South Dakota and currently employs 35 people. ...

John Lott on Sotomayor and guns:

... Whatever Mr. Obama's true conviction, Judge Sonia Sotomayor, his pick for the Supreme Court, does not view the Second Amendment as guaranteeing an individual right. Yet media from the Los Angeles Times to The Washington Post think they have the proof she is not an "anti-gun radical."

Their logic goes something like this: Last week, a three-judge panel of Republican-appointed judges on the 7th Circuit Court of Appeals found that the Second Amendment limits only federal gun laws, not state laws. Because Judge Sotomayor was being criticized for sitting on a panel that reached a similar decision and these Republicans can't be "anti-gun," neither can Judge Sotomayor.

But the media are either unable or unwilling to read beyond who won the 2nd and 7th circuit cases and the most basic parts of the decisions. Both panels said it really was up to the Supreme Court to apply the Second Amendment to the states. Yet Judge Sotomayor's panel tried to eviscerate the recent Supreme Court decision that had struck down the District's gun ban even for federal laws.

To her panel, the Second Amendment would not block any gun-control laws as long as the politicians passing the laws thought the weapon was "designed primarily as a weapon and has no purpose other than to maim or, in some instances, kill." With that interpretation, the Supreme Court never could have struck down the D.C. gun ban, let alone any other gun-control law.

That Judge Sotomayor would make such an argument less than a year after the Supreme Court's decision in the District of Columbia v. Heller means she would vote to return the D.C. gun ban the first chance she got. For those who have any remaining doubts, in a 2004 decision, U.S. v. Sanchez-Villar, Judge Sotomayor ruled "that the right to possess a gun is clearly not a fundamental right." ...

South Carolina's Sen. DeMint says Sotomayor still troubles him:

... Though Sotomayor was "very personable and engaging," "I didn't hear anything today that eased my concerns," DeMint said in a statement.

"She was unwilling to say the Second Amendment protects a fundamental right that applies to all Americans, which raises serious questions about her view of the Bill of Rights. When I asked if an unborn child has any rights whatsoever, I was surprised that she said she had never thought about it. This is not just a question about abortion, but about the respect due to human life at all stages, and I hope this is cleared up in her hearings," DeMint said. [emphasis added] ...

[Arizona] Senate panel OKs restaurant carry bill:

The Senate Judiciary Committee voted Monday to let some gun owners bring their weapons into places where alcohol is served after the Arizona Restaurant Association dropped its objection to the proposal.

Monday's 4-3 vote came after assurances from the National Rifle Association that the provisions of SB 1113 are limited to restaurants. Todd Rathner, a member of NRA's board, said that goes along with his organization's belief that gun owners should not be required to leave their weapons in their vehicles simply because they want something to eat and the restaurant also happens to serve alcohol.

But Rathner acknowledged that the wording of the bill, which now goes to the full Senate, actually could let guns into more than just what are usually seen as restaurants.

SB 1113 allows someone who has a state-issued permit to carry a concealed weapon to bring it into a place that has a liquor license and "offers for sale food for on-site consumption prepared in a kitchen located on the premises."
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Sen. Jack Harper, R-Surprise, said he sharpened this year's version to apply only to those individuals who have state-issued licenses to carry concealed weapons. That not only screens out those who haven't been through the training and background checks, but it also ensures no one has a visible gun strapped to a hip.

It also preserves language from prior years spelling out that anyone who is armed cannot drink. And it says any restaurant owner who doesn't want patrons carrying guns can keep the weapons out by posting signs to that effect at all entrances.
Steve Chucri, president of the Arizona Restaurant Association, said his members still aren't supporting the plan. But they're no longer trying to kill it, either.

And Gov. Jan Brewer already has said that unlike her predecessor, who vetoed a similar bill in 2005, she's inclined to sign it. ...

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[Texas] Sales of guns, ammo shoot up:

SAN ANGELO, Texas — The recession has hit a lot of people hard with job layoffs and home foreclosures across the country, but times are good in West Texas for sales of guns and ammunition.

“In the nine years I’ve been here, we’ve had special orders, now we have waiting lists,” said Gary Hicks, a salesman at the Outdoorsman sporting goods shop in San Angelo.

Prices have gone up and, in the case of ammunition, shortages are occurring, say people in law enforcement and firearm sales.
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The election of President Barack Obama and a Democrat-controlled Congress triggered that boom in demand for firearms and ammo, said Daryl Presley, another Outdoorsman salesman.

“It has nothing to do with hunting or sport. It has to do with rights. They keep nibbling at the rights. A lot of the concern is the termite effect, or how does a man eat an elephant? One bite at a time,” he said. ...

[Arizona] Guns sales soaring:

AT THE National Rifle Association’s 138th annual convention, held this year in Phoenix, Arizona, 65,000 people poured through the doors. They admired the fancy firearms, snacked on grilled buffalo and were happily recruited by shooting associations. Tom Power, of the Texas Gun Collectors Association, says membership has been soaring since Barack Obama took office. Bill Bachenberg, the owner of a shooting range near Allentown, Pennsylvania, has been registering 400 new members a month. “American gun-owners don’t trust this administration,” he says.

American gun sales surged after Mr Obama was elected president. He had a voting record of raising the tax on guns and ammunition by 500%, and, on top of that, he hinted during the campaign that he might restrict gun sales and create a national registry of gun-owners. The election was seven months ago, and the buying spree has not flagged since. Data released by the FBI’s National Instant Criminal Background Check System, which serve as a gauge of actual sales, reported 1,255,980 checks in April 2009: a sixth monthly increase, and a 30.3% increase from the 940,961 reported last April.

Concealed-weapon permits are up, too. Ohio, Kentucky, North Carolina and Montana all report a rise in licences issued; Ohio saw a 139% increase in the first quarter of this year over last. Meanwhile, classes on gun rules in Phoenix are booked solid for months, ammunition is sold out, and gunmakers and dealers alike are scrambling to keep up with demand. ...

[New Hampshire] Sig Sauer to resume shipping handguns with two magazines:

SIG SAUER, the leading manufacturer of military, law enforcement, government agency and commercial firearms, will resume shipping all standard commercial pistols with two magazines.

SIG SAUER suppliers increased production to meet the heightened consumer demand, thus allowing SIG SAUER to resume shipping two magazines with every commercial handgun.

Previously, SIG SAUER had announced effective March 20, 2009, that all standard commercial pistols would ship with a single magazine.

Models that included more than two magazines were not affected. Shipments to distributors and dealers with the two magazines in each pistol will commence immediately.

Op-ed: Sotomayor has decided Bill of Rights doesn't apply to states:

If you thought the Bill of Rights gives you constitutional protection for freedom of speech, of religion and a free press; you are wrong according to Obama Supreme Court nominee Judge Sonia Sotomayor. The likely newest member of the high Court decided that all these rights guaranteed by the first Ten Amendments which make up the Bill of Rights can now all be taken away from us at the whim of our state legislatures - who would have imagined.

Sotomayor has been criticized for racist statements and a belief that courts set "policy" not just issue decisions based on the law, and it has been noted that she meets the Obama intention of appointing a Supreme Court judge with "empathy," but her credentials as judge have been accepted without question – this is a big mistake.

Sotomayor was on a panel of the Court of Appeals for the 2nd Circuit which issued an unsigned opinion dismissing a challenge to a New York law that banned a martial arts weapon despite the earlier Supreme Court ruling in Heller v District of Columbia which struck down a ban on handguns and said individuals have the right to keep arms at home for self defense.

But the panel on which Sotomayor served said in the case of Maloney v. Cuomo that it was clear from the Supreme Court precedent that the Second Amendment could be applied only to the federal government, or in a federal enclave such as Washington. It said the Supreme Court has "the prerogative of overruling its own decisions."

The issue raises the question of whether the Bill of Rights applies to state and local governments. Lawyers challenging gun restrictions and legal scholars contend that they do, through the due-process clause of the 14th Amendment. And that was the finding of the U.S. Court of Appeals for the 9th Circuit earlier this year. The Supreme Court's 5 to 4 decision last year in the Heller case decided for the first time that the Second Amendment provided an individual right to bear arms.

If the 2nd can be said to not apply to the states and local governments, then why should the other rights spelled out in the Bill of Rights apply? ...

[Ohio] Attorney General moves to intervene in BFA lawsuit against Cleveland:

Buckeye Firearms Association is pleased to report that Ohio Attorney General Richard Cordray's office has filed a Motion to Intervene in a lawsuit filed by Buckeye Firearms Foundation, Inc. against the City of Cleveland.

The lawsuit was filed by the Ohio not-for profit foundation, to stop the City of Cleveland from prosecuting law-abiding gun owners under local ordinances that restrict gun ownership and concealed carry (CCW). The lawsuit also asks the Court to declare 20 different local ordinances unconstitutional on the grounds of state preemption of firearm laws, on the grounds that the ordinances are in conflict with R.C. 9.68.

In response to the Foundation's complaint, the City filed an Answer alleging that R.C. 9.68 is unconstitutional. The City further argues that R.C. 9.68 is not a general law of the State of Ohio and is therefore an unconstitutional attempt by the General Assembly to preempt local ordinances in violation of the Home Rule Amendment of the Ohio Constitution.

The Attorney General's response was quick and decisive.

On May 29, Cordray filed a Motion to Intervene in this case, in order to "defend this state law." ...

[Tennessee] Legislators explain veto override vote on restaurant carry bill:

... The veto was also overridden in the state Senate on Thursday, but state Sen. Steve Southerland, R-1st, of Morristown, was absent, on a trip long planned on the assumption that the legislative session would end in May.

In a telephone interview this morning Southerland said he voted for the original bill and would have voted to override if needed, "but we had plenty of votes to override the governor's veto."

Southerland added, "All we were doing was upholding the Constitution," which he noted "guarantees citizens the right to bear arms."

Southerland said guns are already present in bars and restaurants when people who are carrying weapons without a permit bring them in. "This allows law-abiding citizens to carry their guns with them instead of leaving them in the car, where (the gun) may be stolen."

The House of Representatives overrode the veto on Wednesday.

"It's important to make sure that the issue is clear," Hawk said in a telephone interview this morning. "It's not about guns in bars. The issue is about citizens who have a legal permit to carry their guns in places where permit holders across the country are able to carry their guns."

Hawk said the bill "brings Tennessee in line with 36 other states" that allow weapons in places where alcohol is served. ...

[South Carolina] New gun law sparks debate:

... The state has long allowed any legal gun owner to keep a firearm locked in their vehicle, in a glove compartment, closed console, closed trunk or secured container in the vehicle. Just not on school grounds.

But after Gov. Mark Sanford signed a bill into law this week, CWP holders are now allowed to take guns onto school property. However, guns must remain secured and in the vehicle. And non-CWP holders still are banned from taking firearms onto school property.

Sen. Jake Knotts, R-West Columbia, worked on the committee that considered the bill. He said it will not have any effect on gun violence on campuses.

"It's not in any way going to increase any type of shootings on campuses," Knotts said. "The people who do the shootings on campus are not law-abiding citizens." ...

[Illinois] Elderly couple wants concealed carry option:

I don't know if there's such a thing as a typical supporter of Mayor Jim Ardis' concealed-carry proposal.

But my last guess might be Wanda and Ron Swenson, a pair of gray-haired retirees who live in a nice condominium in northwest Peoria.

Their dwelling and station in life seem far removed from the gangs, shootings and mayhem that regularly plague certain slices of the city. Still, they feel the creep of crime, so much so they often feel like prisoners in their own home. They'd feel much safer if they could pack a firearm when about town.

"I would not think twice about using it if my life was bring threatened," says Wanda, who describes herself as a "gun-toting granny."

She doesn't carry one now, but she used to. Wanda, 69, grew up on a farm in Tennessee, where she learned to use a gun from her father and brothers, avid hunters all. ...

[California] Bill restricting ammo sales back:

After being placed in the suspense file, and everyone thinking it was dead, Assembly Bill 962 is moving through the state legislature again.

It passed the state Assembly Wednesday and now moves to the state Senate. How it got this far is a mystery.

In case you've forgotten, Los Angeles Assemblyman Kevin DeLeon's bill would:

1. Stop the sale of more than 50 rounds of handgun ammunition per month to individuals.
...
2. It would license and tax anyone selling handgun ammunition commercially and force these stores to get background checks on anyone selling that ammunition.
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3. It would require ammunition sellers to get a thumbprint from anyone buying handgun ammunition, and mandate store owners to keep these records for five years.
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4. It would ban all ammunition sales that don't take place face-to-face, effectively banning all mail-order sales. ...

Comment: If you live in California, you'd better contact your elected servants and have them stop this bill.

Tennessee legislature overrides veto of restaurant carry bill

From the Volunteer State:

The Tennessee Senate voted Thursday to override Governor Phil Bredesen's veto of a bill allowing handguns in restaurants and bars.

The Senate voted 21-9 against the veto on Thursday, a day after the House voted 69-27. Fifty votes in the House and 17 in the Senate were needed to turn back the veto.

Before the governor's veto, the measure was to take effect June 1, but will now be effective in 40 days, which is July 14.

The marks the first time the legislature has overriden one of Bredesen's vetos.

The law will allow those with state-issued handgun carry permits to bring their weapons into restaurants or bars that serve alcohol, unless the business posts a sign banning guns. Under the law, handgun owners could not legally drink alcohol while carrying a weapon. ...

Article here. Kudos to Tennessee.

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[Tennessee] House overrides Gov. Bredesen's veto of restaurant carry bill:

NASHVILLE - The Tennessee House today voted 69-27 to override Gov. Phil Bredesen’s veto of a bill allowing handgun-carry permit holders to bring loaded weapons into restaurants and bars selling alcohol.

That was more than the 66-23 margin when the bill originally passed.

The bill’s Senate sponsor, Sen. Doug Jackson, D-Dickson, has said he intends to bring the measure up before the chamber on Thursday.

The House action was the chamber’s first override of a Bredesen veto and also the first since 2001, when lawmakers overrode then-Gov. Don Sundquist, who vetoed an appropriations bill. ...

Comment: Given that the bill passed by wide margins in both the House and Senate, expect the Senate to override the Governor's veto as well. Note that, while critics and the media have referred to this as the "guns in bars" bill, no doubt to play up the image of drunken gunfights erupting, the bill is more accurately characterized as a "restaurant carry" bill. The official bill summary notes that the bill would prohibit permit holders from consuming alcoholic beverages while carrying, and would still prohibit carry in age-restricted establishments (where only those over 21 are admitted and patrons' IDs are checked at the door). That isn't your typical family restaurant that also happens to serve alcohol.


[Georgia] Columnist says state has more off-limits locations for gun carry than California:

Georgia or California: Which place has more off limits locations to bearing, i.e., actually carrying, a firearm. California has more than 50,000 people with firearms licences.

California is a "may issue" state.

But, if you are one of the more than 50,000 people who have a firearms license in California, are you better off than a Georgian? Prior to July of 2008, the members of GeorgiaCarry.Org, Inc. contended that Georgia had more places off limits to the bearing of arms than any state in the nation. Now, in 2009, Georgia still has more places off limits than California. Most people assume California is highly restrictive of the right to bear arms and that Georgia is a “gun friendly state.” Are these twin assumptions justified?
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In sum, California, the state assumed to restrict and burden the right to bear arms, permits the bearing of arms in elementary schools, colleges, the State Capitol Building, the Governor’s Mansion, town hall, police stations, libraries, and in airports. Georgia, the state assumed to permit the free exercise of the right to bear arms, criminalizes the bearing of arms in all of these locations, in some cases imposing a felony charge, even if the person bearing a pistol has a firearms license issued pursuant to Georgia law. Hopefully, this short article has challenged your assumptions regarding the right to bear arms in Georgia and in California. In addition, by providing the actual Code Sections, it is hoped that this article will provide you with some of the intellectual ammunition you need to return Georgia’s right to bear arms to an actual “right,” rather than an overburdened “privilege.”

Comment: Of course, the likelihood that the ordinary, law-abiding citizen in California can get a carry permit is much lower than in Georgia. In most of California's large cities, the probability of an average law-abiding citizen getting a carry permit is vanishingly low. Fifty thousand permits might sound like a lot, until you consider California has about 37 million people. I'll bet Georgia, with a population of about ten million, has both a far greater percentage of permit holders (due to its "shall issue" permit law), as well as a greater absolute number of permit holders.

Gun Rights News Roundup

Articles, new stories, and op-eds of interest to gun owners:

Fox News: Sotomayor's gun control positions could prompt backlash:

Judge Sonia Sotomayor could walk into a firestorm on Capitol Hill over her stance on gun rights, with conservatives beginning to question some controversial positions she's taken over the past several years on the Second Amendment.

Earlier this year, President Obama's Supreme Court nominee joined an opinion with the 2nd Circuit Court of Appeals ruling that Second Amendment rights do not apply to the states.

A 2004 opinion she joined also cited as precedent that "the right to possess a gun is clearly not a fundamental right."

Ken Blackwell, a senior fellow with the Family Research Council, called Obama's nomination a "declaration of war against America's gun owners."

Such a line of attack could prove more effective than efforts to define Sotomayor as pro-abortion, efforts that essentially grasp at straws. Sotomayor's record on that hot-button issue reveals instances in which she has ruled against an abortion rights group and in favor of anti-abortion protesters, making her hard to pigeonhole.

But Sotomayor's position on gun control is far more crystallized. ...

NRA stays out of nomination battle, for now:

The National Rifle Association (NRA) is staying on the sidelines in the battle over Supreme Court nominee Sonia Sotomayor, to the dismay of conservative activists who hoped that the gun-rights group would pressure conservative Democratic senators to oppose her.

Republicans have repeatedly tried to draw the NRA into court fights over the years but with little success. The Bush administration, for example, tried to persuade the group to support a number of its nominees, as did Senate Republicans.
...
But a spokesman for the organization said it’s staying on the sidelines for now.

“Right now we have a lot of concerns and questions and we hope to have those addressed during the confirmation hearing and throughout the process,” said Andrew Arulanandam, an NRA spokesman. “As far as our actions, we reserve the right to do anything based on what we find out.

“All options are on the table,” he added. “As we speak today, we’re waiting for the confirmation process. A research team is looking into her record on our issue.” ...

[Ohio] More women buying and carrying guns [video available at the link]:

An unprecedented number of women are taking their protection into their own hands by getting a gun. Gun stores are seeing more women customers than anyone can remember. Many women are also getting permits to carry a concealed weapon.

Local 12 Reporter Liz Bonis shows us why many women are in a hurry to arm themselves.

When Jenny Jeffery recently made the decision to get a license to conceal and carry a weapon she says it wasn't because she feels threatened right now, but rather:

Jenny Jeffery, Gun Owner: "What I saw, where society was going as a whole, and the need to step up and be proactive in my safety and that of my family."

Apparently, Jeffery is not alone. Homer Cole has owned Shooters Supply for nearly a decade. Cole says, when it comes to sales of guns to girls...

[Nevada] Hunters may feel effects of ammo shortage:

It's the last week of May, and Nevada hunters soon will grow anxious awaiting the results of the big game tag draw. Those results should be available before long, but knowing whether you received a tag won't do you any good if you don't have ammo for your favorite hunting rifle.

"Yesterday I ordered two boxes of Remington Express shells in .243 caliber," one concerned reader recently wrote by e-mail. "Cabela's says maybe they will be available by late May. You could do hunters a real service by warning them of the ammo and component shortages. I am afraid if someone waits until the last minute they won't be able to make purchases in time."

My guess is the writer meant those who procrastinate buying ammunition could find themselves out of luck in the fall. I understand his concerns, and so should anyone who has shopped for ammo or reloading components lately. The wait in a Colorado firearms store my brother frequents is often several hours, and that's just to ask the guy behind the counter whether he has a certain caliber in stock. Many times the answer is no. Of course, he'll gladly put your name on a waiting list.

There is no waiting list, however, if you are interested in buying a military surplus rifle with a hard-to-pronounce name and Eastern European origins. For these he has plenty of ammo.

Here in town, a large department store near my home reportedly has limited the amount of ammunition a single buyer can purchase on a given day. But according to a friend who sometimes buys his ammo there, by noon there's not much left. ...

[Tennessee] Gov. Bredesen vetoes restaurant carry bill:

NASHVILLE, Tenn. — Gov. Phil Bredesen on Thursday vetoed a bill that would have allowed Tennessee handgun permit holders to take their weapons into establishments that serve alcohol.

He made the announcement at a late afternoon news conference where he was joined by police chiefs and district attorneys from around the state.

“Tennessee state law has long prohibited the possession of firearms in bars and restaurants that serve alcohol,” Bredesen said. “House Bill 962 would remove this protection in a manner that I, along with many law enforcement officers, believe to be reckless and lacking basic safeguards to ensure public safety. I respectfully ask the Legislature to rethink this issue.”

The measure passed the state House 66-23 and Senate 24-7 earlier this month. A simple majority is required in each chamber to override a veto. ...

Comment: The bill passed both chambers by wide margins, so I suspect a veto override, which requires only a simple majority in Tennessee, will get the bill passed into law soon.


[Tennessee] NRA says Gov. Bredesen "betrayed trust" by vetoing restaurant carry bill:

NASHVILLE — The National Rifle Association is accusing Gov. Phil Bredesen of having “betrayed” a “trust” by vetoing legislation Thursday allowing handgun-carry permit holders to bring loaded weapons into establishments selling alcohol.

The executive director of the NRA’s Institute for Legislative Action, Chris Cox, in a statement called the veto “a shock and a major disappointment to gun owners and supporters of the Second Amendment because Governor Bredesen had committed to supporting this legislation.”

“During the 2006 campaign, Governor Bredesen assured Tennesseans — and the NRA in writing — that he would support this effort. NRA’s endorsement of Governor Bredesen that year centered largely on this promise. Today, that trust has been betrayed,” Mr. Cox said. [emphasis added] ...

[Washington] Seattle mayor, gun rights advocates in stalemate:

At least eight innocuous signs posted around the Seattle Center over the Memorial Day weekend during the Folklife Festival declared “No firearms allowed at this event or on these premises.”

The signs had no force of law, there was no authority cited, and there are anecdotal reports from some in the gun rights community that armed citizens simply ignored those signs, kept their pistols tucked under cover garments, vests or loose shirts, and contrary to what anti-gun Mayor Greg Nickels would have had everyone believe would happen, nobody got hurt.

For months, the mayor had been blustering and threatening and promising that he would issue an “executive order” banning firearms from all city property, including those carried legally by private citizens. For just as long, the Second Amendment Foundation in Bellevue, its sister organization, the Citizens Committee for the Right to Keep and Bear Arms, and the National Rifle Association, have been waiting.

Those groups are ready to hit Nickels with a lawsuit and he knows it. ...

[Germany] German cabinet approves more gun controls:

BERLIN -- Germany's cabinet approved legislation that would tighten gun restrictions, two months after a teenager shot and killed 12 people.

The law, which requires parliamentary approval, would mean stricter checks on weapons owners and a higher age limit for users of large-caliber weapons.
...
The Interior Ministry said the legislation also foresees an amnesty under which people could hand in illegally held weapons until the end of 2009. The government's plan calls for expanding inspections to determine whether people with weapons licenses are locking up their guns at home securely, as required. ...

[Germany] Another article on the proposed gun controls:

Under legislation to be put to a vote in parliament next month, Germany's gun owners, who number between 10 and 12 million, would be subject to unannounced random checks of how and where they store their weapons. [emphasis added]

If guns are accessible to anyone other than the license holder, that person will be subject to punishment. If a judge finds that someone deliberately allowed adolescents access to firearms, that person will face a prison sentence.

The age of those allowed to use high-caliber firearms will also be raised from 14 to 18. The Social Democrats wanted to ban high-caliber rifles altogether, but the ministers agreed not to go that far.

The bill also tightens up penalties for those who neglect the terms of gun licenses, which are required before being allowed to possess a weapon in Germany. ...

[Georgia] State rep gets county gun ban dropped:

State Representative Timothy Bearden (R - 68) is a member of the National Rifle Association and GeorgiaCarry.Org. He is also the author of the 2008 Georgia bill that removed the restriction on carrying firearms in restaurants that serve alcohol, state parks, and mass transit. So he was rather shocked to discover last week that his home county, Carroll County, had banned the carry of firearms at Snake Creek Reservoir when it opened the reservoir to public fishing. It is rule 3 on this pdf file brochure.

The new gun ban did not last long.

Georgia has a state law preempting local regulation pertaining to the carry or possession of firearms. A telephone call from Rep. Bearden to Carroll County put a quick stop to the new gun ban rule.

Carroll County has assured Rep. Bearden that the sign purporting to ban firearms will come down soon. ...

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[Wisconsin] Progress in the Badger State:

In just the past month, gun rights advocates have managed to do the following, under the noses of the most radical gun hating administration at the federal level, and Jim Doyle and friends in Wisconsin.

One month ago, Attorney General J B Van Hollen said in a memo to law enforcement publicly what has been the law in Wisconsin since forever. Open carry is lawful and is not by itself, disorderly conduct.

His memo has (predictably) prompted talk at the Capitol of a bill to ban open carry. This is good. The people of Wisconsin passed an amendment in 1998 to protect their rights to bear arms for self defense and other lawful purposes. They have been prohibited from carrying a gun concealed for 137 years but since open carry is allowed, the states law and constitution worked well together. If open carry becomes prohibited, it will be impossible for anyone to exercise their constitutionally protected right and the Wisconsin Supreme Court will get to decide which (or perhaps both) law to overturn. This outcome will give some anti-gun democrats serious heartburn because they know your good judgement can’t be trusted (you did elect them after all) but it is not likely to stop them from trying to deny you your rights anyway. You can fix this problem at the polls.

There is also talk of repealing the states preemption law which says local jurisdictions can not create ordinances which are stricter than state law. Well, unconstitutional local ordinances will not stand either, and for the same reasons. This is an opportunity for a few people to sue for civil rights violations in federal court and redistribute some city’s wealth to them self. ...

[Georgia] Open carry arrest prompts lawsuit:

... When the police first stopped and surrounded Mr. Woodard, he asked "What is the problem?" He was told that the problem was that he was "carrying a firearm openly." His attempts to explain the legality of his conduct fell on deaf ears. Ironically, Mr. Woodard was not charged with carrying a weapon openly, but with carrying a concealed weapon.

Because the charge of carrying a concealed weapon is a disqualifier, Mr. Woodard lost his Georgia firearms license, and he was facing two years in jail. The charges against Mr. Woodard were pending for months until the intervention of the Georgia organization GeorgiaCarry.Org and Marietta criminal defense attorney Doug King. The criminal charges have now disappeared, and Mr. Woodard retained Roswell attorney John Monroe to file a federal lawsuit for violation of his Fourth Amendment rights. Yesteday, Mr. Woodard filed a motion for summary judgment. ...

Democrats beat retreat on gun control (for now):

... Amid the ambitious sweep of the '09 policy agenda, it's easy to overlook the battles that Obama is loath to fight. Case in point: He and the Democrats are notoriously gun-shy. They don't dare clamor for a crackdown on the easy purchase of over-the-counter weaponry, because they have judged the gun-control issue to be a stone-cold political loser, now and forever. On this front in the long-running culture war, they have surrendered and the gun lobby has won.

The White House line is that any fight for the restoration of the assault-weapons ban would distract Congress at a time when the economic and health-care crises deserve top priority. That's true, as far as it goes; tangling with the National Rifle Association, and putting the squeeze on pro-NRA Democratic lawmakers, would require the expenditure of precious political capital.

Obama's reluctance is merely the latest manifestation of Democratic skittishness, stretching back nearly a decade. The party's surrender isn't necessarily rooted in the belief that the gun-control argument lacks merit; rather, the party has made a practical determination that the issue hurts them with blue-collar white guys.who view all gun curbs as akin to confiscation or privacy invasion. ...

[Oklahoma] Guns in parking lots law stands:

A 10th Circuit Court of Appeals ruling that allows Oklahomans to store firearms in locked vehicles parked on company property will stand after the filing deadline passed for further legal appeals, Attorney General Drew Edmondson announced.

Edmondson's office, in partnership with the National Rifle Association (NRA), defended the constitutionality of two Oklahoma gun laws that prohibit businesses from forbidding their employees to store firearms in locked vehicles parked on company property. ...

[Louisiana] Gun, ammo sales tax holiday bill advances:

Gun, ammunition and other hunting-related purchases would be exempt from sales taxes one weekend a year under a bill approved Thursday by the Senate.

The Senate voted 34-0 to establish an annual Second Amendment sales tax holiday the first weekend in September.

The tax break would cover sales between Friday and Sunday.

State and local government would lose about $263,000 in revenue, according to a fiscal note on the measure from lost sales taxes.

State Sen. Rob Marionneaux, D-Grosse Tete, said his Senate Bill 52 had the support of the National Rifle Association and hunting supply stores.

The tax break only applies to consumer purchases. ...

Guns barred in National Parks until Feb. 2010:

The Interior Department says a new law allowing loaded guns in national parks and wildlife refuges will not take effect until next year.

President Barack Obama signed the gun law Friday as part of a measure creating new rules for the credit card industry. But the Interior Department says that because the credit card law won't take effect until nine months after it is signed, the gun measure also will be delayed. ...

[New York] Ammo registration proposal sparks debate:

ALBANY — One of the most controversial measures to come before the County Legislature in some time is expected to draw an overflow crowd at a public hearing Tuesday night.

At issue is a proposed law that would require gun shops to register sales of ammunition, a measure that has been condemned by gun proponents as a back-door means to register guns and learn what weapons people have. Supporters say it is merely an attempt to close a loophole in state law governing how ammunition is purchased.

In the weeks since the March meeting when proposed Local Law A, gun rights advocates have spoken at public forums before the start of legislature meetings. The measure is sponsored by three Democratic legislators: Phil Steck of Colonie and Wanda Willingham and Doug Bullock, both of Albany.

In advance of this week's hearing, opponents have distributed fliers at guns shops and sportsmen's clubs, and, for the last week, they have taken to the airwaves. ...

[Tennessee] Op-ed by widow of man killed in bar supports restaurant carry bill:

I am Nicole Goeser, widow of Benjamin Felix Goeser. First, I want to say that I love my husband very much and I miss him terribly. He was the most giving, loving, concerned, thoughtful person I have ever met.

My husband was gunned down on April 2 right in front of me at Jonny's Sports Bar on Nolensville Road here in Nashville. There is a very important bill that has passed the House and Senate called the Restaurant Carry Bill. This bill is awaiting Gov. Phil Bredesen's signature.

I support this bill.

I am a permitted gun owner here in the state of Tennessee. If I could have been allowed to carry my gun that night, perhaps I could have saved my wonderful husband (Metro Police have charged Hank Calvin Wise, 43, of W. Main Street in Hendersonville with Benjamin Goeser's death).

I can tell you that the odds would have been more in our favor. I had to leave my gun locked in my car in the parking lot that night because we have a law in place right now that makes innocent people "helpless" and at the mercy of people with horrible intentions. People who have gone through proper training, a complete background check and have the permit should be allowed to carry a concealed gun for their own protection and protection of loved ones as long as they are not under the influence of alcohol. ...

[Colorado] Firearm training classes booked:

More and more people are trying to learn how to use handguns, and at least one local instructor chalks up the interest to fears about the Obama administration.

Another, though, says interest in self-defense started with the terrorist attacks of Sept. 11, 2001, and has never really abated.

Either way, instructors said, they’re seeing more women joining men in looking for training on how to handle a handgun.

“It used to be about 20 percent” of his students were women, said Linn Armstrong, a National Rifle Association instructor. “After 9/11, it went up to 40 to 45 percent” and has remained at that level, he said.

Randy Jones, also an NRA instructor, said he likewise saw an increase after 9-/1. “And then it leveled off until last fall” after the presidential election,” Jones said.

“I hear people say that,” Armstrong said, though he added that his classes are as crowded as ever.

Either way, Jones said, he’s now booked five to six months out, and there’s no sign of slackening interest. ...

Retired cop asks: Does gun control benefit law enforcement? (lots of comments on his op-ed at the link):

... Gun Control Laws actually have existed for hundreds of years. Of course, in colonial America they were vastly different than they are today. For instance, in colonial Massachusetts, it was required that any citizen traveling more than one mile from home be armed. Get that? It was required that they carry a gun! Can you imagine? In Massachusetts no less?

Today - a couple hundred years and a lot of technological evolution later - the reality of citizens carrying guns isn’t embraced quite as strongly by most state governments and usually not by the federal government. And, although we can all be cynical and wonder what’s really behind the votes, even our current federal government seems to want to avoid gun control issues… for now. Just recently Congress passed a bill that will allow those with concealed carry permits to carry those weapons in federal parks. While this bill may have passed because it was attached to a Credit Card Reform bill, the separate vote taken indicates suprisingly large support for the carry law.

But let us return to the question at hand: do Gun Control Laws benefit law enforcement? ...

[D.C.] Gun case triggers amicus support from ACLU:

Robert Ord says he stays away from the District of Columbia because he fears he will be arrested on a gun charge. The private security officer unsuccessfully sought a declaration in federal court that he is immune from prosecution on D.C. gun laws. His suit was tossed for a lack of standing.

Ord is challenging the dismissal in the U.S. Court of Appeals for the D.C. Circuit, where the Second Amendment Foundation and the ACLU National Capital Area are participating as amicus curiae in support of Ord, saying his case against the city should move forward. At issue on appeal is whether Ord has standing to sue the District.
...
The amicus curiae lawyers, Alan Gura of Gura & Possessky and Art Spitzer of the ACLU National Capital Area, say the D.C. Circuit has adopted too narrow a standard to prove standing, effectively limiting access to the courts.

“We think the doors to the courthouse ought to be open to people who have legitimate disputes,” Spitzer says. Gura, who successfully argued in the Supreme Court the landmark Second Amendment case, D.C. v. Heller, says the Ord case is a chance for the D.C. Circuit to “correct its error” in how to show standing. ...