Pumpkin "carving"

An expected victory for gun rights

WASHINGTON - In its second major ruling on gun rights in three years, the Supreme Court Monday extended the federally protected right to keep and bear arms to all 50 states. The decision will be hailed by gun rights advocates and comes over the opposition of gun control groups, the city of Chicago and four justices.

Justice Samuel Alito wrote for the five justice majority saying "the right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner."

The ruling builds upon the Court's 2008 decision in D.C. v. Heller that invalidated the handgun ban in the nation's capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today's ruling also invalidates Chicago's handgun ban.

Backgrounder:

WASHINGTON -- The Supreme Court appears poised to issue a ruling that will expand to the states the high court's historic 2008 ruling that individuals have a federally protected right to keep and bear arms, following an hour-long argument Tuesday. If so, the decision would mark another hallmark victory for gun rights advocates and likely strike down Chicago's handgun ban that is similar to the Washington D.C. law already invalidated by the justices.

Woot.

Deranged gunman opens fire on shooting range

SAN ANTONIO—A man described by eyewitnesses as "unsettled" and "disturbed" walked into the local Guns Galore Shooting Range early Tuesday morning, paid for a half hour's worth of time, and then calmly opened fire on dozens of unsuspecting targets.

[..] After a brief exchange with the gun range manager, Woodrich purchased a box of ammunition, showed two pieces of ID, signed in, walked to stall No. 17, and at once began his crazed shooting spree.

"He just kept firing, over and over again—bam, bam, bam, bam, bam," said manager Clyde Jenkins, recalling the chilling scene. "From the moment he stepped into Guns Galore, it was clear that this man only had one thing on his mind."

Witnesses said Woodrich displayed no emotion whatsoever during the 29-minute barrage. Many watched in silence as the gunman unloaded 12 shots at extremely close range into the chest and head of a defenseless target, pausing only to reload. One witness said that the shooter actually exited the gun range with a "look of relief" on his face.

Gun rights case likely to be landmark Supreme Court ruling

LA Times:

Regardless of who prevails, the case of McDonald vs. Chicago figures to be a landmark in the history of the 2nd Amendment and its "right to keep and bear arms." It will decide whether the 2nd Amendment applies only to federal gun laws or if it can be used across the nation to strike down state and local gun restrictions.

A ruling overturning the Chicago ordinance would open the door to gun rights suits nationwide. "You will see a wave of lawsuits against state and local gun laws. This is just the first shot in a broad-based gun rights offensive,"

Photos of the day

Physically challenged Chinese swimmer Xuqing Jin dived into the pool as he competed in the men’s 400-meter relay race at the Basavanagudi Aquatic Centre in Bangalore on Tuesday. More than 800 athletes from 43 countries are participating in the weeklong International Wheelchair and Amputee Sports Federation’s World Games. (Dibyangshu Sarkar/AFP/Getty Images)

QUADRIPLEGIC HUNTER: James Cap, a quadriplegic since a 1979 high school football accident, held the tube in his mouth that he uses to aim and fire his shotgun in a shed where he hunts in Manville, N.J., Tuesday. Mr. Cap recently won a court battle to use the contraption.

Former soldier faces jail for handing in discarded gun

Guildford, UK - A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for "doing his duty".

Paul Clarke, 27, was found guilty of possessing a firearm at Guildford Crown Court on Tuesday – after finding the gun and handing it personally to police officers on March 20 this year.

The jury took 20 minutes to make its conviction, and Mr Clarke now faces a minimum of five year's imprisonment for handing in the weapon.

In a statement read out in court, Mr Clarke said: "I didn't think for one moment I would be arrested.

"I thought it was my duty to hand it in and get it off the streets."

The court heard how Mr Clarke was on the balcony of his home in Nailsworth Crescent, Merstham, when he spotted a black bin liner at the bottom of his garden.

In his statement, he said: "I took it indoors and inside found a shorn-off shotgun and two cartridges.

"I didn't know what to do, so the next morning I rang the Chief Superintendent, Adrian Harper, and asked if I could pop in and see him.

"At the police station, I took the gun out of the bag and placed it on the table so it was pointing towards the wall."

Mr Clarke was then arrested immediately for possession of a firearm at Reigate police station, and taken to the cells.

Alex Massie is enraged:

[..] assuming that these are all the relevant facts, this is worse than absurd: it is monstrous. Next time you hear a copper complaining that people don't respect the police think on this and remember that if the police are mistrusted it is, at least in large part, because they have often forfeited the right to be trusted. This story, extreme as it may be, reaffirms that.

The law is clearly at fault here, but that doesn't excuse the willful, even vindictive abandonment of common sense in this instance. This isn't a miscarriage of justice, it's a betrayal of justice and with the exception of Mr Clarke all concerned, including the jury, should be ashamed of themselves.

NRO adds:

The legal explanation for this fiasco is that possession of a gun without a permit is a 'strict liability' offense (ie there are no excuses) which carries a mandatory (ah yes, those mandatory minimums again...) sentence of at least five years. The real explanation is, of course, that the law is insane.

Another good night for the Second Amendment?

David Kopel at Volokh Conspiracy:

NY-23: Winning Democrat Bill Owens was A-rated by NRA (as was Hoffman).

Virginia: Either Deeds (B rating) or McDonnell (A) were sure to be a big improvement over outgoing Governor Kaine. Deeds lost the NRA endorsement by supporting closing of the (non-existent) “gun show loophole.” In the Attorney General race, Republican Ken Cuccinelli (A+) handily defeated a D-rated Democrat who advertised very aggressively on the gun show issue. Incumbent Lt. Gov. Bill Bolling (A+) trounced an F-rated challenger.

In the Virginia House of Delegates, five Republican challengers with A ratings ousted Democratic incumbents rated F,F,B,B,B. A C-rated Republican also unseated an F Democrat incumbent. The House of Delegates already had a fairly solid pro-Second Amendment majority, so the major change in Virginia is a new Governor who, like former Governor and current Senator Mark Warner (Dem.), will sign rights-enhancing legislation passed by the legislature.

By far the most prominent gun control advocate on the ballot this year was Jon Corzine (F). This summer, Corzine twisted lots of legislative arms to win enactment of gun rationing (“one-handgun-a-month”), a silly law (.pdf) that is even sillier in New Jersey, where every handgun purchase requires advance permission from the local police chief. With Christie replacing Corzine, New Jersey gun owners can hope for benign neglect rather than active hostility. The New Jersey Assembly appears to be unchanged.

In sum: A bad night for advocates of gun show restrictions. Another fine night (as were election nights 2006 and 2008) for Democrats with A ratings from NRA. And good news for Second Amendment advocates in blue New Jersey and purple Virginia.

Good so far as this goes, but let's note anti-gun Bloomberg won NYC's mayoral, and this seems more important than the rural house special where all the candidates (incl. Scozzafava) were A-rated.

Link blag

John Schwenkler is against torture thought-experiments.

Reason explains the important recent court developments for gun rights. Bottom line: the Supreme Court may soon take up whether the 2nd amendment's individual right applies to state and local governments.

Megan: Governments have unique power over credit markets, and playing with them is dangerous.

Governator says we must consider legalizing pot.

MSN Money: $1,500 for a free frisbee

Thousands of words make a picture.

Americans now more libertarian

It seems an odd headline to write in today's "American Recovery and Reinvestment" bail-o-rama.  But look at this ABC/Washington Post polling of other issues (.pdf)...

		2003	2009
Gay marriage	Support	37	49
	Oppose	55	46
	Net	-18	3	+21	(6 years)
		1986	2009
Marijuana	Support	21	46
Legalization	Oppose	78	52
	Net	-57	-6	+51	(23 years)
		2007	2009
Amnesty	Support	52	61
for illegals	Oppose	44	35
	Net	8	26	+18	(2 years)
		1989	2009
Gun rights	Support	34	48
	Oppose	60	51
	Net	-26	-3	+23	(20 years)

Link blag

Why DOMA Must be repealed: Reason offers yet more reminders.

Cato: Obama promised to post bills online and wait 5 days between passing and signing them. So far, he's 1-for-11.

Why do Republicans think the public perceives them as obstructionists? Because of the media, of course.

Gays begin to marry in Iowa; world keeps spinning.

Jimmy Carter is just another clueless advocate of gun control.

The Federalist Society is now pro-torture?

"The second ammendment is not about duck hunting"

And why gun free zones don't make any sense:



(via Kellene Bishop)

Columbine, 10 years later

Clips, Tec9, and sawed-off shotgun used in the attacks.

Wiki:

In the months prior to the attacks, Harris and Klebold acquired two 9 mm firearms and two 12-gauge shotguns. A rifle and the two shotguns were bought by a friend, Robyn Anderson, at a gun show in December, 1998.^[40] Harris and Klebold later bought a handgun from another friend, Mark Manes, for $500. Manes was jailed after the massacre for selling a handgun to a minor,^[41] as was Philip Duran, who had introduced the duo to Manes.^[42]
With instructions from the Internet, they also built 99 improvised explosive devices of various designs and sizes. They also sawed the barrels and butts off their shotguns in order to make them easier to conceal.^[4] The two perpetrators committed numerous felony violations of state and federal law, including the National Firearms Act and the Gun Control Act of 1968, even before the massacre began.
Harris carried a 12 gauge Savage-Springfield 67H pump-action shotgun (serial no. A232432) and a Hi-Point 995 Carbine 9 mm semi-automatic rifle with thirteen 10-round magazines, fired 96 times. Harris's other weapon, the shotgun, was fired a total of 25 times. Harris committed suicide by shooting himself in the head with his shotgun.
Klebold carried a 9 mm Intratec Tec-9 semi-automatic handgun manufactured by Navegar, Inc. with one 52-, one 32-, and one 28-round magazine. He also carried a 12 gauge Stevens 311D double barreled sawed-off shotgun (serial no. A077513). Klebold's primary weapon was the Tec-9 handgun, which was fired a total of 55 times. Klebold would later commit suicide via a shot to the left temple with the Tec-9.

Eric Harris and Dylan Klebold caught on the high school's security cameras in the cafeteria shortly before committing suicide

Link blag

Steve Benen: The confirmation wars never end...

Wendy Long, head of the Judicial Confirmation Network, which ironically no longer wants to see judicial conformations, is one of the leading far-right activists on nomination fights. She said yesterday that Republicans should approach nominees with "a presumption that they're not going to be able to uphold their oath."
Got that? Republican senators, who argued during Bush's presidency that failing to confirm judicial nominees tears at the fabric of our democracy, should now reflexively assume that every Obama nominee, including those who haven't even been named, is incapable of serving on the federal bench.

Forbes protests the postal service's mail monopoly. In-depth analysis here.

FactCheck.org: President Obama says 90 percent of Mexico's recovered crime guns come the U.S. Not true.

There were procedural roadblocks to McCain-Lieberman.

KSM was waterboarded 183 times in one month.

NYT: Good news from Iraq... Baghdad is getting back to its old secular self.

NRO: Mark Steyn makes an unusually sane post about micro-regulation.

Mike Halperin: Sixteen reasons why Obama is exceptionally good at his job.

Mental (un)health break: Deutsche Häschenparty! .... (UK version not as amusing)

A helpful deconstruction

States are a necessary evil, and you gotta be for something besides guns.