GOA Attorney Testifies Against Kagan Before Sen. Schumer’s Committee

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://gunowners.org

Friday, July 2, 2010

On Thursday, Gun Owners of America had the important opportunity to testify concerning the Second Amendment views of Supreme Court nominee Elena Kagan.

William J. Olson, counsel of record on amicus briefs for GOA in both the Heller and McDonald Supreme Court cases, testified at the hearing that Kagan has demonstrated “visceral hostility” to the Second Amendment right to keep and bear arms.

Moreover, Olson demonstrated that Elena Kagan’s view of rights is tied in directly to her view of Judicial Supremacy, that is, that our rights “are whatever a majority of the Supreme Court rules at a particular time in a particular case.”

But under that philosophy, Olson said, “what the Court grants, the Court may take away.”

So what’s the bottom line? “f Ms. Kagan does not know whether our inalienable rights to defend ourselves from criminals and tyrants comes from God — as the Declaration of Independence states — or from government, she cannot be trusted to protect our God-given right to self-preservation,” Olson concluded.

Click here for video of Mr. Olson’s testimony.

GOA will have much more to say about the nomination of Elena Kagan in the coming days and weeks. In the meantime, have a happy, and safe, Fourth of July weekend.

Sincerely,
The GOA Team

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SAF SUES TO OVERTURN NORTH CAROLINA’S ‘EMERGENCY POWERS’ GUN BANS

BELLEVUE, WA – The Second Amendment Foundation on Monday filed a federal lawsuit in North Carolina, seeking a permanent injunction against the governor, local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right to bear arms.

Joining SAF in this lawsuit are Grass Roots North Carolina – the state’s leading gun rights organization, and three private citizens, Michael Bateman, Virgil Green and Forrest Minges, Jr. Named as defendants in the federal lawsuit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King. The lawsuit was filed in U.S. District Court for the Eastern District of North Carolina.

The lawsuit contends that state statutes that forbid the carrying of firearms and ammunition during declared states of emergency are unconstitutional. Plaintiffs also contend that a North Carolina law that allows government officials to prohibit the purchase, sale and possession of firearms and ammunition are also unconstitutional because they forbid the exercise of Second Amendment rights as affirmed by Monday’s Supreme Court ruling in McDonald v. City of Chicago, the landmark Second Amendment ruling that incorporated the Second Amendment to the states.

SAF and the Illinois State Rifle Association took the McDonald Case to the Supreme Court.

“Through this lawsuit in North Carolina,” said SAF founder and Executive Vice President Alan Gottlieb,” we intend to show that state emergency powers statutes that allow government officials to suspend fundamental civil rights, including the right to bear arms, are unconstitutional and therefore should be nullified. Citizens do not surrender their civil rights just because of a natural or man-made disaster.”

SAF is once again being represented by attorney Alan Gura, who led the legal effort in the McDonald case and also won the historic Heller ruling that overturned the District of Columbia handgun ban in 2008. Local counsel are Andrew Tripp and Kearns Davis with the firm of Brooks, Pierce, McLendon, Humphrey & Leonard, LLC in Raleigh.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

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Supreme Court says 2nd Amendment applies to the States in a 5-4 decision

Just minutes ago the Supreme Court of the United States delivered their opinion on McDonald v. City of Chicago. The Court has decided that the 2nd Amendment does apply to the states in a 5-4 decision.

Here are the results according to the SCOTUS blog:

* Alito announces McDonald v. Chicago: reversed and remanded
* Gun rights prevail
* The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense
* Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.
* The majority seems divided, presumably on the precise standard
* The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government.
* Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.
* Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities.
* The difference between the majority and Justice Thomas doesn’t affect the fact that the Second Amendment now applies to state and local regulation.
* Full Opinion is here.
* It should be noted that, in the guns case, the Court says explicitly in Alito’s opinion that it would not reconsider the Slaughterhouse cases, which almost completely deprive the Privileges or Immunities Clause of any constitutional meaning.
* The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand.

The ramifications of the opinion will play out in the gun rights vs. gun control debate going forward. This case (McDonald v. Chicago) was filed the day after the Heller decision was announced back in 2008. It will be interesting to see what new cases get filed given the results of this case. The gun rights lawyers are taking a step by step approach in their fight for the right to keep and bear arms.

This is pretty much what was expected. It appears Justice Thomas is the only one with the guts to use the Privileges or Immunities Clause which would have had far-reaching implications for law outside of the gun rights world. More later as the analysis begins.

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SAF FOUNDER, ATTORNEY AT SUPREME COURT MONDAY FOR LANDMARK RULING

BELLEVUE, WA – Alan M. Gottlieb, founder and executive vice president of the Second Amendment Foundation, will join attorney Alan Gura and Chicago resident Otis McDonald on the steps of the United States Supreme Court on Monday, June 28 to hear the court’s ruling in the historic McDonald v. City of Chicago gun rights case.

This important challenge to the Chicago handgun ban was mounted by the Second Amendment Foundation, Illinois State Rifle Association and four Chicago residents, including Mr. McDonald, for whom the case is named.

“It is important for us to be at the Supreme Court when the ruling is handed down,” Gottlieb stated. “This could be a landmark ruling that incorporates the Second Amendment to the states, which will truly make the Second Amendment the law of the land,’ and thus bolster state constitutional right to bear arms provisions.

“I want to be there, representing the 650,000 SAF members and supporters, because this will be their victory,” he added. “Our members have generously supported this legal effort, and they will have earned it.

“I also want to join Otis McDonald, whose courageous challenge of this handgun ban, along with co-plaintiffs Adam Orlov, and David and Colleen Lawson, made this case possible,” Gottlieb said. “And certainly, I will want to stand with Alan Gura, whose skillful management of this case as it rose through the lower courts and finally was accepted for review by the high court laid the foundation for what we believe will be a victory for gun rights.”

Meanwhile, Richard Pearson, executive director of the Illinois State Rifle Association, will also meet with reporters at the Hotel Allegro, 171 West Randolph Street, in Chicago following the high court’s ruling.

The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

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House Narrowly Passes Gag Order (DISCLOSE) Act — Now it’s time to barrage the Senate

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://gunowners.org
“Now the NRA are the big defenders of the Second Amendment of the Constitution, the right to bear arms. But yet they think it’s all right to throw everybody else under the table so they can get a special deal, while requiring everyone else to comply with all the rules outlined in this bill, and frankly, I think it’s disappointing.” — House Minority Leader John Boehner (R-OH), June 24, 2010
Friday, June 25, 2010

Well, if there were any doubt as to what greased the skids for the DISCLOSE Act’s final passage… the quote above hits the nail on the head.

Speaking on the House floor, Rep. Boehner blasted the horse-trading that occurred behind the scenes — noting that certain groups were made exempt from the legislation in order to convince them to drop their opposition to H.R. 5175.

Republican Dan Lungren of California called it an “auction behind closed doors.” Some groups won, Lungren said, others lost.

Rep. Gregg Harper (R-MS) vilified the bill because of its ambiguity. He said that since the Federal Election Commission won’t issue regulations to implement the bill before the election, people will have to guess at what the new election law is. That’s because the government won’t be able to tell people what the law actually is… and if you guess wrong, you go to jail or get prosecuted.

Harper tagged liberals for trying to rush this bill (with all of its ambiguities) for immediate implementation so that Democrats can gag their opponents in the upcoming election. Why else, Harper asked, won’t Pelosi and company delay the implementation of the bill until the 2012 elections?

Another irony with the whole process surrounding this legislation is that while the bill is called the DISCLOSE Act, liberal Democrats did not reveal (until a couple of hours before the Rules Committee Vote) that an amendment had been inserted at the last minute to exempt labor unions from the requirements of the bill. By the way, many of these requirements would make it much more difficult for GOA to hold legislators accountable during an election year.

The DISCLOSE Act (H.R. 5175) passed narrowly by a 219-206 vote. You can see how your Representative voted by going to: http://clerk.house.gov/evs/2010/roll391.xml

GOA thanks all its activists for their hard work on this bill. Don’t be discouraged, it is MUCH harder for us to kill legislation in that chamber. The fact that we came so close — only 7 votes needed to switch — means that we probably have the muscle to kill this in the Senate!

ACTION: Please urge your Senator to oppose the Disclose Act (H.R. 5175 and S. 3295). You can use the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send your Senators the pre-written e-mail message below.

—– Pre-written letter —–

Dear Senator:

I stand with Gun Owners of America in opposing the DISCLOSE Act (H.R. 5175 and S. 3295).

It is outrageous that the House of Representatives passed this legislation with a deal to exempt certain large organizations from the terms of the DISCLOSE Act. This smacks of the money-for-votes fiasco which helped grease the skids for passage of ObamaCare and which has already lowered Congress’ reputation to unprecedented depths.

I was glad to see that Senator Mitch McConnell blasted this deal, which was especially aimed at carving out special exemptions for the NRA leadership in exchange for their promise to sit on their hands and not oppose the DISCLOSE Act. “If there is one thing Americans loathe about Washington, it’s the backroom dealing to win the vote of organizations with power and influence at the expense of everyone else,” McConnell said.

“Just as it wasn’t the Democrats’ money to offer in the health care debate, free speech isn’t theirs to ration out to those willing to play ball — it’s a right guaranteed by our First Amendment to all Americans.”

I agree wholeheartedly. Please do NOT vote in favor of this legislation, as it will have a chilling effect upon our free speech rights by forcing the organizations we associate with to disclose their membership lists.

How ironic that a Congress and President who treat transparency with contempt should now be trying to force legal organizations to disclose the names of their law-abiding members. The hypocrisy is blatant, to say the least.

Vote no on H.R. 5175 or S. 3295.

Sincerely,

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New Products! (Clothing)

Tools of the Trade is proud to announce we are now a distributor for clothing and signage by 7.62 design.

Please browse their site then contact us for current pricing.

7.62 Design

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Guns Save Lives By John Stossel (Archive) · Wednesday, June 23, 2010

You know what the mainstream media think about guns and our freedom to carry them.

Pierre Thomas of ABC: “When someone gets angry or when they snap, they are going to be able to have access to weapons.”

Chris Matthews of MSNBC: “I wonder if in a free society violence is always going to be a part of it if guns are available.”

Keith Olbermann, who usually can’t be topped for absurdity: “Organizations like the NRA … are trying to increase deaths by gun in this country.”

“Trying to?” Well, I admit that I bought that nonsense for years. Living in Manhattan, working at ABC, everyone agreed that guns are evil. And that the NRA is evil. (Now that the NRA has agreed to a sleazy deal with congressional Democrats on political speech censorship, maybe some of its leaders are evil, but that’s for another column.)

Now I know that I was totally wrong about guns. Now I know that more guns means — hold onto your seat — less crime.

How can that be, when guns kill almost 30,000 Americans a year? Because while we hear about the murders and accidents, we don’t often hear about the crimes stopped because would-be victims showed a gun and scared criminals away. Those thwarted crimes and lives saved usually aren’t reported to police (sometimes for fear the gun will be confiscated), and when they are reported, the media tend to ignore them. No bang, no news.

This state of affairs produces a distorted public impression of guns. If you only hear about the crimes and accidents, and never about lives saved, you might think gun ownership is folly.

But, hey, if guns save lives, it logically follows that gun laws cost lives.

Suzanna Hupp and her parents were having lunch at Luby’s cafeteria in Killeen, Texas, when a man began shooting diners with his handgun, even stopping to reload. Suzanna’s parents were two of the 23 people killed. (Twenty more were wounded.)

Suzanna owned a handgun, but because Texas law at the time did not permit her to carry it with her, she left it in her car. She’s confident that she could have stopped the shooting spree if she had her gun. (Texas has since changed its law.)

Today, 40 states issue permits to competent, law-abiding adults to carry concealed handguns (Vermont and Alaska have the most libertarian approach: no permit needed. Arizona is about to join that exclusive club.) Every time a carry law was debated, anti-gun activists predicted outbreaks of gun violence after fender-benders, card games and domestic quarrels.

What happened?

John Lott, in “More Guns, Less Crime,” explains that crime fell by 10 percent in the year after the laws were passed. A reason for the drop in crime may have been that criminals suddenly worried that their next victim might be armed. Indeed, criminals in states with high civilian gun ownership were the most worried about encountering armed victims.

In Canada and Britain, both with tough gun-control laws, almost half of all burglaries occur when residents are home. But in the United States, where many households contain guns, only 13 percent of burglaries happen when someones at home.

Two years ago, the Supreme Court ruled in the Heller case that Washington, D.C.’s ban on handgun ownership was unconstitutional. District politicians then loosened the law but still have so many restrictions that there are no gun shops in the city and just 800 people have received permits. Nevertheless, contrary to the mayor’s prediction, robbery and other violent crime are down.

Because Heller applied only to Washington, that case was not the big one. McDonald v. Chicago is the big one, and the Supreme Court is expected to rule on that next week. Otis McDonald is a 76-year-old man who lives in a dangerous neighborhood on Chicago’s South Side. He wants to buy a handgun, but Chicago forbids it.

If the Supremes say McDonald has that right, then restrictive gun laws will fall throughout America.

Despite my earlier bias, I now understand that striking down those laws will probably save lives.

COPYRIGHT 2010 BY JFS PRODUCTIONS, INC.
DISTRIBUTED BY CREATORS.COM

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Congratulations: We are Winning… for Now!

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://gunowners.org/ordergoamem.htm

“Gun Owners of America has been one of the key players in opposing the DISCLOSE Act.” — Rep. Paul Broun (R-GA)

Friday, June 18, 2010

Thank you all for your hard work.  The DISCLOSE Act is on the ropes!

Here’s what The Washington Post reported this morning:

One of President Obama’s top legislative priorities is in serious doubt after top House Democrats’ attempt to satisfy the National Rifle Association backfired badly.

The Post says that “top Democrats abandoned plans for a Friday vote in the House” on the DISCLOSE Act after several Representatives and organizations “rose up against the deal with the NRA.”

Interestingly, the Post also reported that the intended beneficiaries of the deal — that is, the Blue Dog Democrats who were expected to drop their opposition to the DISCLOSE Act once the NRA dropped theirs — were still “spooked” by public resistance to the bill.

You can pat yourselves on the back knowing that you were a huge part of the outpouring of opposition that was generated this week.  You played a big role in “spooking” the politicians who are going to be soliciting your votes in November.

You should know that the sponsors of the bill are still looking for ways to resuscitate the legislation, so GOA will continue to keep you abreast of further developments.

But for now, enjoy the victory and have a great weekend!


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