Please Re-Elect Scott Bach & Bob Viden To The NRA Board Of Directors

New Jersey Second Amendment Society

New Jersey --(Ammoland.com)- There are many things to discuss in today’s President’s Letter. Please it read to the end.

In summary, I will talk a bit about our recent WIN at the NJ Assembly Law & Public Safety hearing on bill A588, and yet another CITIZEN ACTIVIST who succeeded in getting his town to withdraw an offensive form from their handgun purchase permit procedure.

There is our upcoming meeting with successful Supreme Court attorney Alan Gura, the Non-resident CCW licensing program, the fact that Scott Bach and Bob Viden are being endorsed by the NJ2AS for positions on the NRA Board of Directors, and some excellent opportunities for you to get involved in our various committees, and more.

NJ2AS MEMBERS ROCK THE NJ ASSEMBLY
Last week we discovered that the NJ Assembly Law & Public Safety Committee was planning to hold a hearing on the Introduction of two bills potentially affecting firearms owners in New Jersey – A588 & A 1013. I sent you all an email asking you to contact the members of the committee with phone calls, emails and FAXES. Well… YOU GUYS AND GALS *ROCK*!!!

YOUR response was INCREDIBLE! Every committee member was inundated with calls, email and FAXES to the point where there were calls asking us to stop. On Tuesday January 30, 2012 a number of your fellow members and I attended the hearing. YOUR efforts were not in vain. Most of the committee members expressed OUR concerns to the sponsor of the bill Assemblywoman L. Grace Spencer. Then Scott Bach of the ANJRPC testified after which I testified. All this effort resulted in Bill A588 being TABLED. I doubt if it will ever see the light of day again. JOB WELL DONE PEOPLE! I thank everyone who participated (and I KNOW there were a LOT of you), and I encourage everyone to stand ready to *ACT* again the next time we need to face off against an unfair bill. As far as bill A1013 is concerned, we were told that it would be recommended to the full assembly, but with amendments to protect law-abiding firearms owners from being negatively affected. We will keep a vigilant eye on the progress of A1013.

CITIZEN ACTIVISM STRIKES AGAIN
One of our members, Angel Hernandez contacted me a little over a week ago regarding an intrusive form his town, Hopatcong, was requiring him to complete in order to apply for a handgun purchase permit. They were refusing to process his application without it. I explained to Angel the following approach, which was successful in getting the form dropped. I recommend this procedure to anyone facing a similar problem. I will also post this on our website for people to refer to:

HOW TO DEAL WITH ADDITIONAL FORMS

1.) Remember to *ALWAYS* be polite. Just because you are ‘right” it does not mean you will be successful MERELY by demanding your rights. Politely ask to speak with the police chief. Make an appointment if necessary. This step is very important. Please explain to your police chief (or the person who is ultimately in charge of signing your permit) that according to 2C:58-3(f):

“There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter”.

If they still insist that they will not process application without completing the form, thank them and politely indicate that you will have to take your request to the town council and mayor for their opinion. You have been assured by the President and Board of Directors of the New Jersey Second Amendment Society that Superior Court Judge Douglas Hurd has ruled that all towns and municipalities are required to comply with all NJ state statutes with regard to the processing of these permit applications.

2.) Contact the Assembly Representative and Senate Representative for your district (you can locate them from THIS page). Make an appointment to meet them if possible. At the very least make sure they receive the following request (in your own words if you like):

“I would like to ask for your help. I have lawfully applied for a Firearm Identification Card/Handgun Purchase Permit (whichever applies). I was told by officer “Soandso” (it helps to have the person’s name) that I am required to complete a form that is not allowed by the New Jersey Firearms Statutes according to 2C:58-3(f) (and cite the statue above).

It is my belief that this/these additional form(s) (be sure to attach if sending an email or include if sending through the mail) is/are a clear violation of the statutes and I am asking for your help in convincing the “YourTownName” Police Department to discontinue the use of this/these form(s).

I would also appreciate it if you would contact Lt Daryl Williams, the Unit Head of the NJ Division of State Police Firearms Investigation Unit about this matter. Perhaps you will be more successful in convincing him and or the Attorney General’s office to help. Many of my friends and associates from other towns are experiencing the same difficulties. I know that you agree that your constituents and the law-abiding residents of New Jersey deserve to be treated fairly by those who are sworn to uphold the laws of the state of New Jersey and I would appreciate it if you would intercede on my behalf”.

3.) IMMEDIATELY make an appointment with your Mayor and/or town council to discuss this problem and ask politely for their assistance. You are trying to follow the law and you expect your town to comply with state statutes. You are not asking for any special favors. You are only asking to be treated FAIRLY according to the law as it is written. DO NOT THREATEN! DO NOT LOSE YOUR TEMPER! This is simply a process we HAVE to go through in order to have standing if we need to take further steps. PLEASE – make our job easier by keeping a journal of EVERYONE you talk to about this, with dates, times and basic result (i.e. On 2/25/2012 Chief promised to look into it and get back to me in two days). Always be sure to try and get a specific time commitment as to when you can expect a follow up communication from the people you contact.

4.) KEEP US IN THE LOOP. Email legislation@nj2as.com and let us know what you are doing and the results. There are times when *WE* will want to add our “two cents” by writing to your representatives or by visiting your Chief of Police or Councilman with you (if possible). We will do our best to guide you through this process.

5.) THIS PROCESS WORKS! One by one NJ towns are dropping these additional forms and requirements. We will begin working on getting them to comply with the 30 days processing limits as well, but for now we have to concentrate on getting rid of these forms.

NOTE – The procedures listed above will be updated and revised as necessary – please check for the latest version on www.nj2as.com.

*** PREREGISTER*** ALAN GURA TO ADDRESS THE NJ2AS FEBRUARY 29, 2012

As you may be aware, successful Supreme Court attorney Alan Gura will be the featured speaker at the monthly meeting of the New Jersey Second Amendment Society on Wednesday evening February 29, 2012 at 7:30pm at the American Legion Post 129 on 2025 Church Road in Toms River, NJ. All are invited and ENCOURAGED to attend this very special event. Due to limited seating, it is EXTREMELY important that you PREREGISTER for this FREE event. Preregistration will make it easier for us to process people through the door and get you seated as quickly and easily as possibly. Those who do not preregister will be required to sign in at the door and will be seated on a FIRST COME/FIRST SERVED basis. We expect a large crowd for this meeting. Don’t be disappointed – REGISTER TODAY! For further information and to REGISTER please go to our website at www.nj2as.com under “EVENTS”!

WE WILL HOLD THE NON-RESIDENT CCW LICENSING PROGRAM PRIOR TO THE MEETING

You *MUST* preregister and prepay for this processing PRIOR TO FEBRUARY 25, 2012 to be eligible. Requirements and complete details are listed on our website www.nj2as.com.

SCOTT BACH & BOB VIDEN RUN FOR NRA BOD!

The ballots have gone out to the NRA Life Members to record their choice for membership of the NRA Board of Directors. The NJ2AS endorses Scott Bach and Bob Viden to represent New Jersey. I urge you to cast your ballot for Scott and Bob. Let’s keep New Jersey adequately represented on the NRA BOD. For additional information and biographical information please visit www.bachbio.com and click on the YouTube Video below:

COMMITTEE MEMBERS NEEDED

Several members have asked me how they can help move the NJ2AS mission forward. Recently the board of directors and I developed a framework of committees that require your help and participation. We have left the descriptions fairly open and flexible because the duties and responsibilities of the committees will grow and change as the membership grows. We will be able to do much more when we have enough members working in these vital areas. Here is a list of the various committees and who to contact if you would like to participate. You will notice that there are a LOT of areas that need help. Please keep in mind that we are all pretty much amateurs. If you have any special skills that would be great, but no special skills are required. As long as you are willing to help, we can use you. There are a lot of opportunities for people to shine. Many of the areas are just getting off the ground. Some do not have a leader or any members yet. Why not tackle one of these committees? You will have plenty of opportunity to interact with members of the other committees and there will be quite a bit of overlap. If you discover something I have neglected, please let me know and I will try to add it to the list. If for some reason you have difficulty getting in touch with one of the committees, please email me. THANK YOU!

LEGAL – legislation@nj2as.com

Research

• Identify firearms possession cases that were pled down to lessen or avoid prison time.
• Uncover other abuses and infractions by LE of individual rights and NJ Firearms statutes

Ongoing Litigation

• The OPRA appeal
• Operation Establish Compliance

Legal Defense

• Prepare for the defense of individuals who deserve and require our assistance
• Evaluate and develop a plan to emulate a civil rights defense strategy

LEGISLATIVE – legislation@nj2as.com

Political Action

• Form district committees to monitor and organize action against unfavorable legislation
• Develop programs to promote and support favorable legislation

Petitions

• Evaluate opportunities to enlist community support through petitions
• Organize and coordinate letter writing campaigns, letters to the editor, etc.

MEDIA – media@nj2as.com and communications@nj2as.com – Tom Watt & Mark Steele

Communications

• Internal communication of relevant information and appeals for action
• External promotion of meetings events and activities
• Formulating and distributing Press Releases

Web & Internet

• Frequent maintenance and updating of website to keep it fresh and relevant
• Encourage participation in NJ2AS BLOG, Facebook and Twitter (perhaps forum)
• Develop cooperative relationships with other relevant online groups

Newsletter

• Evaluate the need for “hardcopy” newsletter or. “e-zine”
• Gather, coordinate, develop, Edit and format content for the newsletter
• Enlisting sponsors and advertisements
• Recruiting and coordinating “artistic” talent for original content

Speakers

• Represent the NJ2AS at shows, clubs, and events
• Give presentations on the mission, goals and accomplishments of your Society
• Answer questions. Assist with press conferences.

Distribution – distribution@nj2as.com – Corey Vaughan

• Design, develop, and distribute mailings and posters promoting events & meetings

Merchandise

• Evaluate, design, develop and procure NJ2AS merchandise for promotion & fundraising

MEMBERSHIP – membership@nj2as.com – John Willett

Recruitment

• Among other responsibilities convert “attendees” into members at meetings & events
• Expedite problems with membership processing or updates
• Promote renewals

Meeting Planning

• Identifying and recruiting relevant speakers and presenters for the monthly meetings
• Arranging for venues
• Setting up venues for meetings

Diversity – Kimberley Ball

• Identify issues specifically of concern to women
• Identify programs and recruitment opportunities

Membership Registration

• Assist with preregistration for meetings, events, activities and programs
• Greeting members and guests and assisting with sing-in

SPECIAL EVENTS – events@nj2as.com

• Beginner Shooting Events – Michael Kunkel
• Finding venues, working with ranges, assist Media committee with promotions
• Arrange for proper personnel and safety procedure for these events

CCW Licensing Programs – Anthony Colandro

• Assist with the registration, collection of fees and processing of participants
• Troubleshoot and expedite problems and questions
• Arrange and facilitate special demonstrations.

FINANCE – president@nj2as.com – Frank Jack Fiamingo

Accounting – Avi Finkel

• Keep accurate records of ALL financial transaction made on behalf of the NJ2AS
• Responsible to the Treasurer for monitoring, auditing and financial reporting

Fund Raising

• Evaluate, develop, plan and execute fund raising drives, events, matching funds, etc.

Insurance

Assist in identifying insurance needs and ensuring we maintain adequate coverage

EDUCATION

• Identify, evaluate, design, develop and execute community education programs
• Assist in educating committee heads and members in their duties

EXECUTIVE – president@nj2as.co Frank Jack Fiamingo

Committee Liaison

• Assist the board and President with supporting and monitoring committee’s progress
• Help develop strategic relationships with State and Nations rights groups.
• Help with succession planning
• Plan and run elections
• Bylaws
• Examine the bylaws of similar group to develop and improve NJ2AS bylaws.

EVAN NAPPEN VIDEO

Before I forget – for those of you who missed the presentation by gun rights attorney EVAN NAPPEN , the introduction by yours truly is located on our YouTube Page http://www.youtube.com/user/nj2as. Look under “Featured Play lists”. Part two is available on our website www.nj2as.com.

YOUR SOCIETY

You have a lot of reasons to be proud of your Society. We are without a doubt the single most active firearms owners’ rights group in New Jersey. We have more meetings and more active grassroots participation than any other group in New Jersey. In less than two years this Society has grown to have a significant impact on the restoration and preservation of the fundamental human right to keep and bear arms for legitimate purposes. Please help us do even better. Join one of our committees TODAY, and become one of the people who is actually DOING something positive to regain FREEDOM and LIBERTY in the great garden state of New Jersey! Don’t forget to join us for the fun on Facebook http://www.facebook.com/groups/nj2as/. Until next time, please remember-

THE TIME IS NOW!!!

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

AmmoLand Gun News

WASHINGTON, DC --(Ammoland.com)- The District of Columbia has been ordered to pay more than $1 million in attorneys’ fees as a result of a historic gun case that was ultimately decided by the U.S. Supreme Court.

Dick Heller sued the city in 2003 over its ban on handgun ownership and the U.S. Supreme Court overturned the ban in June 2008, saying it violated the Second Amendment.

A federal judge on Thursday issued an opinion awarding Heller’s attorneys $1,137,072.27 in fees and expenses. The attorneys had argued they should be awarded $3.1 million. Attorneys for the city said the figure should be closer to $840,000.

District of Columbia Attorney General Irvin B. Nathan, the head of the office that represents the city in legal matters, said in a statement that Heller’s lawyers had requested an “outlandish fee.” Nathan praised the U.S. District Judge Emmet Sullivan’s decision not to accept the full hourly rate the attorneys had requested or the full number of hours they had billed for.

Heller’s lead lawyer, Alan Gura, says his team is still studying the opinion and possible next steps. Gura said he is pleased with much of the opinion, but he said the fee calculation the judge used was outdated and that lawyers doing similar work in Washington are typically compensated at a higher rate. The judge’s opinion awards Gura approximately $662,000 for more than 1,500 hours of work on the case, paying him at a rate of $420 per hour. Five other members of Heller’s team are also compensated.

After the U.S. Supreme Court’s decision in 2008, the city rewrote its gun laws and for the first time in more than 30 years permitted handgun ownership. The new laws, however, include numerous registration requirements.

Those requirements prompted Heller to sue again, saying that the new laws are too restrictive. That case is still pending, with a federal appeals court ruling in October that the city must provide evidence justifying what it called “novel” handgun registration requirements including vision tests. The city is considering changes to the law that, if implemented, could impact the case.

Copyright © 2011 The Associated Press. All rights reserved.

New Jersey Second Amendment Society

New Jersey --(Ammoland.com)- MATCHING FUNDS: First, I would like once again to thank Ron Stanker for his generous matching fund pledge. I am happy to say that thanks to everyone who donated, we were able to meet the challenge and the entire $500.00 was matched and received.

We have been offered an additional $500.00 matching pledge from our newest sponsor “Arms –n-Ammo”. They have given us until the January 11, 2012 meeting to match their pledge. Once again, I ask you to be as generous as you can be in helping us to reach this goal. Also please consider this sponsor when making your next purchase. Remember to tell them you heard about them from the NJ2AS.

NEWS AND PRESS:
A lot has transpired since the last President’s letter. We have had two positive treatments in the New Jersey Press. The Atlantic City Press published replies from two of our members to a recent editorial they ran on HR 822 – We have a right to protect ourselves / Gun rights the same as civil rights: http://tiny.cc/k2wt7, and journalist Paul Mulshine printed the following article in the 12/8/2011 edition of the NJ Star Ledger: http://tiny.cc/60hmr

Your Society is beginning to be heard on a regular basis. I encourage you to keep writing letters to the editor and to comment on blog postings. The more we participate in these arenas, the better the chance we will continue to be heard. I would especially like to ask you all to try and get on the next “Ask the Governor” program on NJ101.5.

If you are successful, I hope that you would ask the following question:

Governor Christie, why don’t you issue an Executive Order to the Attorney General specifying that “self-defense” can be accepted as a “justifiable need” to obtain a permit to discreetly carry a defensive handgun to protect one’s life and the lives of their loved ones?

I suggest that the question be asked with as close to these words as possible since it is clear and concise and doesn’t leave that much room for maneuvering.

LITIGATION:
If you attended our most recent meeting, you are aware that Superior Court Judge Douglas Hurd ruled against us in our bid to gain access to the” NJ division of State Police Applicant Investigation Guide”.

We have decided to file an appeal and we will keep you informed of the progress. Rather than being a defeat, we view this as a challenge to redouble our efforts to free New Jersey residents from the increasingly restrictive regulations that infringe on our right to keep and bear arms for legitimate purposes. One very important byproduct of this litigation is the official establishment of “the guide” as a “Standard Operating Procedure Manual”. If this is indeed the case, then individual police departments do *NOT* have the latitude to vary from the dictates of these instructions. This guide can no longer legitimately be used as an excuse to delay processing, or to introduce forms that are not specified in the state regulations. We are in the process of formulating a strategy to use this information to our advantage. I have often been told, “When life sends you lemons, turn it into lemonade”. That is exactly what we intend to do.

I ask you all to use this experience to intensify your commitment to making the RKBA the norm in New Jersey.

Please keep in mind that we are still looking for additional plaintiffs in Atlantic County for our ongoing Operation Establish Compliance campaign; if you are interested or if you know someone who is, please contact us at legislation@nj2as.com. We have retained an attorney and plan to move forward once we have all the plaintiffs in place. It is always a good idea to have multiple plaintiffs for a case such as this. If you feel that you application has been delayed for an inordinate amount of time, or if you have been instructed to fill out forms other than the mental health check and criminal background check, we would like to speak with you.

MEETINGS:
On a more positive note, we held a VERY successful event with attorney Evan Nappen. Evan gave a terrific presentation and followed it up with an exhaustive Q&A session. Everyone in attendance was extremely impressed with Evan and this event. Sandy Berardi and Anthony Colandro of Gun for Hire Radio were on hand to capture interviews with Evan and your President. The result is available on the “MEDIA” page of our www.nj2as.com.

Evan Nappen’s appearance was the first of a series of exciting events we have scheduled for the next few months. On January 11, 2012, attorney David Jensen will bring us up to date on the “Muller” case which, as you all know, is challenging New Jersey’s “justifiable need” clause in order to obtain a permit to discreetly carry a defensive handgun. The current law puts every NJ resident at risk as soon as they leave their front door by preventing them from defending their life and that of their loved ones from anyone who might try to do they serious harm.

Then on February 29, 2012, attorney Alan Gura will address the group. Alan’s successful arguments before the U.S. Supreme Court in the Heller and McDonald cases have given new hope to those who respect the fundamental right to keep and bear arms (RKBA) for legitimate purposes. Alan is truly the Standard Bearer for the RKBA on the National scene.

Alan Gura to Speak at NJ2AS Meeting

We are pleased and honored to be able to bring such important speakers to inform and educate both our members and the community at large. Please be sure to invite your friends and neighbors to register to see these dynamic speakers. How often do you get to hear from attorneys who argue such important cases at such a high level? These events are currently FREE and open to anyone interested in Freedom and constitutional protections. I hope as many of you as possible will register for these events. Seating is limited so please register as early as possible so you won’t be disappointed. Details of these events can be seen online at our website www.nj2as.com under “EVENTS”.

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

New Jersey Second Amendment Society

New Jersey --(Ammoland.com)- This weeks President’s Letter is primarily about upcoming events:

EVAN NAPPEN will be the featured speaker at our meeting next Saturday December 3, 2011 at 7:00 PM at the American Legion Post 129 on 2025 Church Road in Toms River.

He is going to conduct an EXTENSIVE Q&A session after his presentation.

PLEASE PRE-REGISTER for this meeting at www.nj2as.com. The meeting is FREE and open to the community, but of course donations are always welcome and greatly needed and appreciated. I hope to see as many of you there as possible. If you have never seen Evan in person, you are in for a real treat, if you have – well then, I don’t have to tell you.!!!

If you can arrive a few minutes early and stay a few minutes after to setup and take down chairs, it would be greatly appreciated. Please contact Tony Altieri at tjsportingarms@aol.com if you would like to help.

Don’t forget, we *WILL* be running the Non-resident CCW program, if you are interested in obtaining an out of state CCW license, this is your opportunity. For more information and to PRE-REGISTER please go to our website.

IF YOU ARE NOT ALREADY A MEMBER AND YOU ARE PLANNING ON JOINING TO TAKE ADVANTAGE OF OUR DISCOUNT FOR THE CCW PROGRAM, PLEASE JOIN PRIOR TO SATURDAY’S MEETING. IT WILL SAVE EVERYONE A GREAT DEAL OF TIME.

***DAVID JENSEN – JANUARY 11, 2012***

We will be distributing posters and fliers for next month’s meeting featuring David Jensen. If you would like to help out, please email Corey Vaughan at coreyvaughan@gmail.com.

David Jensen has been retained by the SAF and the ANJRPC as the lead attorney in the case against the state of New Jersey seeking to challenge the “justifiable need” clause contained in the current CCW licensing procedures. The New Jersey Second Amendment Society was responsible for recruiting two plaintiffs for the case (one primary and one alternate). The case has been heard in Federal Court and received an unfavorable ruling – as expected. You will want to attend this meeting to find out more about what has transpired and where we go from here.

I recently saw David speak at the SAF Gun Rights Policy Conference. He is a DYNAMIC and talented presenter and you are all going to want to meet him. DON’T MISS THIS!

This meeting will be held at Gun For Hire Firearms Training Center on 75 Rutgers Street in Belleville, NJ at 7:30 PM on Wednesday January 11, 2012.

***ALAN GURA – FEBRUARY 29, 2012***

Alan Gura needs no introduction. As the winning lead attorney in the legendary Heller and McDonald Supreme Court cases, Alan has earned his reputation as *THE* Nation’s RKBA attorney. Alan has a presence that must be seen to be appreciated. I have had the pleasure of hearing Alan speak at the last two SAF Gun Rights Policy Conferences.

With his crystal clear logic, legal acumen and commanding performance it is easy to see why he is so successful as a champion of our most basic civil rights.

MARK YOUR CALENDARS!!!

Thank you,

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

Hawaii Concealed Carry

Hawaii -–(Ammoland.com)- On the 15th of April the District of Columbia Circuit court reversed a very important case for the Second Amendment.

This case relates to an alien purchasing a firearm. Alan Gura argued the cause for appellants.

Here is the opinion of the court given by Circuit Judge Ginsburg.

GINSBURG, Circuit Judge: Plaintiffs Stephen Dearth and the Second Amendment Foundation, Inc. (SAF), seeking declaratory and injunctive relief, claim that portions of 18 U.S.C. § 922 and related regulations are unconstitutional because they prevent Dearth from purchasing a firearm. The district court dismissed the suit for lack of standing. Because we conclude Dearth does have standing, we reverse the judgment of the district court and remand the case to the district court for further proceedings.

Previously the circuit court dismissed the Second Amendment foundations complaint, saying that they didn’t have standing to sue.

Navyinrwanda from the Calguns.net gave a very good explanation and has allowed me to post that here.

Although the underlying case concerns the federal regulatory scheme that prohibits the purchase of firearms outside of one’s state of residence (specifically, a citizen living outside of the U.S. without a specific “state of residence” attempting to purchase firearms for other than “lawful sporting purposes”), this specific appeal considered only whether or not it was possible to have standing in the federal courts to challenge this scheme.

Standing is an important – and complex – concept in law. Put simply, standing is the legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be an actual case or controversy that can be resolved by legal action. Supreme Court precedent has generally established three requirements for standing in the federal courts, all of which must be met:

1. injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical;
2. a causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and
3. a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative.

The case most often cited as clearly establishing these three requirements is Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). The party asking for federal court intervention bears the burden of establishing each of these three elements of standing.

While it might seem clear that someone whose purchase of a firearm was denied because of how he or she answered a question on Form 4473 would certainly satisfy these three requirements, the courts have ruled otherwise. In fact, the circuit appeals courts are in some disagreement on what exactly counts as standing – and the Court of Appeals for the D.C. Circuit has had the most restrictive view of what’s needed to have standing (based on what is know as the Navegar line of cases, Navegar, Inc. v. United States, 103 F.3d 994 (D.C. Cir. 1997)). This was made abundantly clear when the district court ruled that Dearth didn’t have standing to sue for relief of his inability to purchase a firearm:

Quote:
Navegar held that gun manufacturers had standing to seek a declaratory judgment against enforcement of the Violent Crime Control & Law Enforcement Act of 1994 where the law, by naming specific brands and models of firearms, “in effect single[d] out the [plaintiffs] as its intended targets.” The manufacturers did not have standing to challenge certain other provisions of the Act, however, because of the absence of “any special priority placed upon preventing these parties from engaging in specified conduct.”

The Court of Appeals has since explained Navegar’s “special priority” language, holding that preenforcement standing will exist only when a plaintiff has been “personally threatened with prosecution or . . . his prosecution has [a] special priority for the government.” Seegars questions whether Navegar’s stringency was consistent with Supreme Court precedent and precedent from other circuits, but nonetheless “faithfully appl[ied]” its holding to bar preenforcement challenges to several District of Columbia gun control laws. In Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), the court again questioned whether its standing precedent was consistent with earlier Supreme Court decisions, but reiterated that it “must be faithful to Seegars [and] Navegar.” The court then held that all plaintiffs whose challenges presented only preenforcement issues lacked standing because they had not been singled out for prosecution. (emphasis added and internal citations omitted).

Navegar has been put forth by the federal government in (I believe) every non-criminal Second Amendment court case since Heller (and many before). Essentially, the federal government has claimed that one can’t challenge any infringement of their Second Amendment rights unless a specific law or regulation has actually been violated and the government has begun prosecution for that violation. This, of course, makes overturning bad laws almost impossible. And it’s in direct conflict with Supreme Court (and other appeals court) precedents.

Today’s ruling by the D.C. appeals court in Dearth v. Holder puts an end to this absurdity. It allows this case to move forward, and will prevent similar denials of justice in several other active cases. While the appeals court didn’t rule directly on the underlying issue (Dearth’s purchase denial), its opinion strongly suggests that the lower court should grant relief (i.e., overturn 18 U.S.C. § 922(a)(9) as an unconstitutional infringement of the Second Amendment). Such a decision would begin dismantling the entire federal framework prohibiting the purchase of firearms outside of one’s state of residence.

Because of this decision, it’s now possible to see the day when one could directly buy guns from a licensed dealer anywhere in the country, assuming that the purchase was legal in both states. And many, many more challenges to unlawful restrictions on the right to keep and bear arms will finally move forward in the federal courts. Justice delayed in justice denied no more.

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not …

About Hawaii Concealed Carry:
Hawaii Concealed Carry is a single-issue group formed with the mission to promote the restoration of Second Amendment rights contained within the constitution, the right of the people to keep and bear arms. We are a non-partisan group; our only care being, whether people support the right of self-defense and defense of others. Our philosophy is that through responsible use, education, communication, and understanding we can promote a safer environment for Hawaii residents, while reducing crime, and supporting our fundamental constitutional rights. Visit: www.hawaiiccw.com

Maryland Shall Issue

Maryland -–(Ammoland.com)- Here is a video of an excellent presentation by Attorney Alan Gura on the topic of gun rights in a Post-Heller and McDonald world.

You’ll remember that Mr. Gura is the lead attorney on the Woollard suit being brought by the Second Amendment Foundation against the State of Maryland.

Alan Gura at the Grass Roots North Carolina Gala for Gun Rights discusses recent gun rights litigation and the Supreme Court wins for Heller and McDonald.

He discusses strategies that work, and his experience when the National Rifle Organization joined the McDonald case.

All those interested in preventing the erosion of Civil Rights and Gun Rights should view this video.

Mission Statement: Maryland Shall Issue is an all volunteer, non-partisan effort dedicated to the preservation and advancement of all gunowners’ rights in Maryland, with a primary goal of CCW reform to allow all law-abiding citizens the right to carry a concealed weapon; and to the education of the community to the awareness that ‘shall issue’ laws have, in all cases, resulted in decreased rates of violent crime.

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation has filed a federal lawsuit against Westchester County, New York and its handgun permit licensing officers, seeking a permanent injunction against enforcement of a state law that allows carry licenses to be denied because applicants cannot show “good cause.”

SAF is joined in the lawsuit by Alan Kachalsky and Christina Nikolov, both Westchester County residents whose permit applications were denied. Kachalsky’s denial was because he could not “demonstrate a need for self protection distinguishable from that of the general public.” Nikolov’s was denied because she could not demonstrate that there was “any type of threat to her own safety anywhere.” In addition to Westchester County, Susan Cacace and Jeffrey Cohen, both serving at times as handgun permit licensing officers, are named as defendants. The lawsuit was filed in U.S. District Court for the Southern District of New York, White Plains Division.

Attorney Alan Gura is representing the plaintiffs, along with attorney Vincent Gelardi with Gelardi & Randazzo of Rye Brook, NY. Gura recently represented SAF and the Illinois State Rifle Association in their landmark Second Amendment Supreme Court victory over the City of Chicago.

Under New York Penal Code ||167|| 400.00, handgun carry permit applicants must “demonstrate good cause for the issuance of a permit,” the lawsuit alleges. This requirement violates the Second Amendment, according to the plaintiffs.

“American citizens like Alan Kachalsky and Christina Nikolov should not have to demonstrate good cause in order to exercise a constitutionally-protected civil right,” noted SAF Executive Vice President Alan Gottlieb.

“Our civil rights, including the right to keep and bear arms, should not be subject to the whims of a local government or its employees, just because they don’t think someone needs’ a carry permit. Nobody advocates arming criminals or mental defectives, but honest citizens with clean records should not be denied out of hand.

“Thanks to our recent victory before the Supreme Court,” Gottlieb stated, “the Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs’.”

The case is filed as Kachalsky v. Cacase, U.S. Dist. Ct. S.D. N.Y. 10-05413

About:
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.

Gun Talk Radio

MANDEVILLE, LA – -(AmmoLand.com)- Alan Gura and Alan Gottlieb discuss the Supreme Court’s decision on McDonald v. Chicago when they join Tom Gresham this Sunday, July 4th, on Tom Gresham’s Gun Talk (R) Radio, the only nationally-syndicated radio talk show about guns and the shooting sports.

Alan Gura, of Gura & Possessky, P.L.L.C, has now argued and won both landmark gun-rights cases brought before the Supreme Court – District of Columbia v. Heller in 2008, and most recently, McDonald v. Chicago. “The Second Amendment is a normal part of the Bill of Rights – that much is the essential rule of McDonald v. City of Chicago,” writes Gura on scotusblog.com.

Alan Gottlieb, Founder of the Second Amendment Foundation, worked closely with Alan Gura on both the McDonald and Heller cases, and the two are planning more.

“We are already preparing to challenge other highly-restrictive anti-gun laws across the country. Our objective is to win back our firearms freedoms one lawsuit at a time,” says Gottlieb.

Indeed, Gottlieb has already filed a lawsuit in North Carolina.

U.S. Senator Jim Inhofe, R-OK, has recently introduced S.3388, the Service Member Second Amendment Protection Act of 2010. The bill prohibits the Department of Defense from requiring the registration of privately owned firearms, ammunition, or other weapons beyond what is already required by state and federal law.

“This bill will prevent current and potential Second Amendment violations for those serving and employed by the Department of Defense,” says Inhofe.

Also this week, National Training week has begun, and we’ve invited some of the best trainers and instructors to stop by Gun Talk to chat.

As founders of the OSP Shooting School, Gil and Vicki Ash know a thing or two about shotguns. The duo travels across the US with their shooting clinic, and has just recently added evening seminars to their line-up.

Clint Smith, President and Director of Thunder Ranch, is known as one of the best firearms trainers around – is also known for the entertaining quotes attributed to him, including “Make your attacker advance through a wall of bullets. I may get killed with my own gun, but he’s gonna have to beat me to death with it, cause it’s gonna be empty.” Thunder Ranch offers a variety of courses, including handgun and rifle, and specialty courses like Home and Vehicle Defense.

The National Shooting Sports Foundation’s Marketing Director Mark Thomas drops in to talk about First Shots, a program designed to introduce new shooters to firearms, general safety and education, training and an overview of the shooting sports. The NSSF is a trade organization for the shooting, hunting and firearms industries and offers many different programs for youth, women, hunters, etc.

About:
Tom Gresham’s Gun Talk Radio is in its 15th year of national syndication, Gun Talk Radio airs live on Sundays from 2PM-5PM Eastern, and runs on 96 stations, plus SIRIUS XM Satellite Radio. All Gun Talk shows can be downloaded as podcasts through Apple iTunes or at www.guntalk.libsyn.com. More information is available at www.guntalk.com.

Attorney Alan Gura with GRNC co-founder Walt Dannel. Photo: Michael Honeycutt, http://michaelhoneycutt.us/

Grass Roots North Carolina for Firearms Education

North Carolina --(AmmoLand.com)- Friday night, 150 guests enjoyed filet mignon and grilled swordfish while meeting the biggest names in gun rights at GRNC’s Gala for Gun Rights. Held at the Charlotte Marriott City Center, blocks from the NRA convention, Gala speakers included DC v. Heller attorney Alan Gura, Senator Richard Burr, 8th Congressional contender Tim D’Anunzio, Second Amendment Foundation director Joe Tartaro, Firearms Coalition co-director Jeff Knox, and WBT Radio host Tara Servatius.

What no one expected, however, was the appearance of internationally-renowned concealed carry researcher John R. Lott, author of “More Guns, Less Crime” (just released in a 3rd edition). When Dr. Lott showed up to buy a ticket to the event, he was quickly shunted to the head table and asked to speak.

Ms. Servatius acted as emcee for the evening, while GRNC president Paul Valone opened and closed with a call to action for gun owners in the 2010 elections. For full details of the event, including the many other notables attending, go to:

For photos, go to: http://grnc.org/symposium/

For a full gallery, including photos of individual guests, go to: http://michaelsmojo.com/grnc

To order photos, contact photographer Michael Honeycutt at: honeycuttphoto@gmail.com

Raffle Winner
Congratulations to Rick Foster, who won the Remington 700 CDL SF Limited Edition in 7mmRemington Magnum donated by Remington Arms. After Mr. Gura conducted the drawing, Ms. Servatius announced the winner.

Thanks To All
Gun owners should offer hearty thanks to primary event sponsors Remington Arms and Tim D’Annunzio (the latter lead the 8th Congressional primary and faces a runoff on June 22), as well as Hyatt Guns, Gunner’s Alley, Charlotte Checker Cab, and Technikserv Printing & Graphics.

Thanks also go to the many volunteers who conducted web sales, promotion, event setup, photography, videography, the raffle and far, far more. Without volunteers, like these, GRNC would not be the success it is.

Finally, thanks to the folks who paid their hard-earned money to attend. As promised, we will use all of your help in retaking our country this November.

If you missed the Gala for Gun Rights, you missed a very good time. We hope to see you at GRNC’s next event.

Read Paul Valone’s Examiner piece on this event: http://bit.ly/GalaForGunRights

Dark Cloud On The Horizon
During the event, the Charlotte Marriott City Center actually had the gall to post “no firearms” signs WHILE PEOPLE WERE AT THE EVENT. More on this will be released tomorrow.

Firearms Coalition co-director Jeff Knox addresses Gala for Gun Rights. Photo: Michael Honeycutt, http://michaelhoneycutt.us/

About:
Grass Roots North Carolina/Forum for Firearms Education is a non-profit, all volunteer organization devoted to educating the public about trends which abridge the freedoms guaranteed by the Bill of Rights, and engaging in grass roots activism to preserve those freedoms. Formed in 1994 to conduct a highly successful rally for the Second Amendment, GRNC has gone on to conduct projects like “Remember in November: A Gun Owner’s Guide to Voting,” bringing concealed carry to North Carolina. Visit:www.grnc.org

Alan Gura Speaks on Knives and the Second Amendment

KnifeRights.org

Atlanta, Georgia – -(AmmoLand.com)- This will be an exceptional event with Alan Gura speaking. He is a very dynamic speaker and I think you will all be very excited by some of what he will have to say about “It’s Your Second Amendment Too!” Knives and the Second Amendment.”

Just a note, for those who haven’t yet checked it out and might be thinking they’ll just show up at the door that morning. Tickets must be purchased online. Tickets WILL NOT be available at the door.

We are serving a real breakfast, not a buffet with plastic eggs, so we have to give the hotel a count ahead of time.

Alan Gura Keynote Speaker at Inaugural Sharper Future Awards Breakfast
I look forward to seeing you there!

Noted Constitutional Law attorney Alan Gura will be the keynote speaker at Knife Rights’ inaugural Sharper Future™ Awards Breakfast to be held, June 5th (Saturday morning) during BLADE Show in Atlanta, Georgia (at the Renaissance Atlanta Waverly Hotel). Gura’s talk is titled, “It’s Your Second Amendment Too! Knives and the Second Amendment.” Gura was the attorney for Dick Heller in the precedent-setting Supreme Court case of District of Columbia v. Heller that affirmed that the Second Amendment is an individual right. He is the lead counsel in McDonald v. Chicago currently before the Supreme Court that seeks to incorporate the Second Amendment, assuring that it takes precedent over state and local law.

Don’t miss this unique opportunity to hear Alan Gura frame our knife rights, past and future, by the Constitution and the Bill of Rights. Alan will take questions from the audience and will be available afterwards to meet and greet. Attendees will be eligible for some very special door prizes.

Tickets to Knife Rights’ Sharper Future Awards Breakfast are limited, so get yours today before they are all gone. Go to: www.KnifeRights.org/SharperFutureAwards Tickets will NOT be available at the door, buy your tickets NOW!

(Tickets are $33 each and can be paid with Major Credit Cards or PayPal) Buy Tickets at: www.KnifeRights.org/SharperFutureAwards

Tickets are limited. Get yours today!

At the Sharper Future™ Awards Breakfast, Knife Rights will present a number of awards to exceptional individuals who have worked to ensure a sharper future™ for us all.

Platinum Sponsor of Knife Rights’ inaugural Sharper Future Awards Breakfast is SureFire. Gold sponsors are KnifeCenter.com, Gerber Legendary Blades and Becker Knife & Tool. Silver sponsor is Benchmade Knife Company. Thanks to our sponsors for helping us to recognize the contributions of these freedom fighters.

About:
Knife Rights. The first step to building an effective advocacy group is building the membership. Power comes from numbers. Knife Rights offers a range of Charter Memberships and there’s one that will suit you perfectly. Invest a modest sum in A Sharper Future. JOIN NOW!

Encourage your friends to join Knife Rights and you can win a custom knife in our Member-Get-A-Member program, as well as free annual memberships.
Email: dritter@KnifeRights.org

FirearmsCoalition.org

Washington, DC - -(AmmoLand.com)-  Oral arguments in the Supreme Court case of McDonald v. Chicago were an interesting show on March 2.

Most of the Justices made their positions on applying the Second Amendment to the states – and what mechanism to use to do it – fairly clear from the outset. Most observers agree that the Court will declare that states must recognize a fundamental right to keep and bear arms.

A secondary issue in this case is not just whether the Second Amendment should apply to the states, but also how it should get there. The 14th Amendment was written and ratified specifically for the purpose of, among other things, clarifying who is a citizen of the US and to make the rights of US citizenship applicable and enforceable in the states.

That intent was thwarted however by a Supreme Court dominated by Justices with a strong state autonomy philosophy. In a ruling known as the Slaughterhouse cases, the Court interpreted, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” to be limited in scope to only such rights or privileges as were bestowed by the Constitution, not those which pre-existed and were merely reiterated in that document.

In the 140 years since that egregious decision no Court has been willing to reverse their esteemed predecessors and open the Pandora’s Box of “unenumerated rights”. mentioned in the Constitution. Instead they created a novel construct around another clause of the 14th which says, “nor shall any State deprive any person of life, liberty, or property, without due process of law.” They have used this clause to somehow selectively “incorporate” virtually all of the Bill of Rights. Now they are poised to do the same with the Second Amendment.

This controversy leads to much speculation about how the Court will split on this question. Roberts and Scalia very clearly want to incorporate under Due Process.

Kennedy, Alito, and Thomas are likely to join them, but some of them could come out with a partial dissent favoring application of the right by means of the Privileges or Immunities clause rather than the Due Process clause of the 14th Amendment. Breyer, Ginsburg, and Sotomayor seemed resigned to the fact that incorporation is inevitable, but would clearly prefer to selectively apply some limited version of the Second Amendment with lots of room for restrictions. Stevens might be the lone holdout dissenting on the grounds that applying the Second Amendment in cities like Chicago will cost lives – as if guns are only used for crime.

After losing in the 7th Circuit and being granted a review by the SCOTUS, Alan Gura, attorney for Otis McDonald and the Second Amendment Foundation, decided to use the opportunity to try and restore the Privileges or Immunities clause to its proper place in constitutional law. Some didn’t like that idea and so the NRA elbowed their way into the case to have their attorney, former Solicitor General Paul Clement, argue for the more traditional Due Process incorporation.

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During the oral arguments Gura and James Feldman, Special Counsel for Chicago were both rigorously questioned, almost badgered, by the Justices to the point that neither ever got more than a few words out before being interrupted again. The contrast between this and how the Justices handled Clement, was simply startling. Clement was able to breeze through his talking points with only a few, very cordial interruptions for polite, agreeable questions.

It was very clear that the Justices – at least the vocal ones – were downright hostile to the idea of overturning Slaughterhouse and most were equally hostile to the idea of not applying the Second to the states. It was also clear that these justices were predisposed to buy what Clement was selling. That had to be tough on Gura. This was his case from the beginning and he was very unhappy when NRA forced their way in and took one third of his argument time. Then to have their lawyer come out the heroes of the day while Gura’s arguments remained largely unuttered… It had to be frustrating, especially since Gura was planning all along to include Due Process in his arguments.

Since Clement came in, Gura had little choice but to concentrate virtually all of his time on the Privileges or Immunities argument.

In the end, it doesn’t matter how the right to arms is applied to the states so long as it is applied. Of course, winning this case is only the beginning. There will be multiple lawsuits over many years costing millions of dollars, and still the citizens of Chicago will probably have a difficult – if not impossible – time acquiring and maintaining legal handguns for self-defense in their homes – much less out in the wilds of the city streets.

About:
The Firearms Coalition is a loose-knit coalition of individual Second Amendment activists, clubs and civil rights organizations. Founded by Neal Knox in 1984, the organization provides support to grassroots activists in the form of education, analysis of current issues, and with a historical perspective of the gun rights movement. The Firearms Coalition is a project of Neal Knox Associates, Manassas, VA. Visit: www.FirearmsCoalition.org

National Association for Gun Rights

Washington, DC --(AmmoLand.com)- On Tuesday, the United States Supreme Court heard oral arguments in the McDonald v. Chicago Supreme Court case.

Otis McDonald, the named plaintiff in the case, has sued the city of Chicago over their 28-year-old ban on the sale and possession of handguns. Alan Gura, the attorney from 2008’s famous Heller Case, argued the case for Mr. McDonald.

The National Association for Gun Rights joined the fight and filed a “friend of the court” amicus brief on behalf of Mr. McDonald. (You can read the full amicus brief by clicking here.)

Alan Gura, in response to questions from Justice Sotomayor, summed up the case well when he said, “…States may have grown accustomed to violating the rights of American citizens, but that does not bootstrap those violations into something that is constitutional.” A full transcript of Tuesday’s oral arguments is available online, by clicking here.

Now that the oral arguments have been heard, legal analysts believe a decision could be handed down by mid-summer.

In theory, if Chicago’s handgun ban is indeed overturned, it would open the door to additional lawsuits against cities, municipalities and potentially even states that ban entire classes of weapons.

In practice, this ruling will likely have very little effect on the day-to-day lives of most gun owners. If the Heller Decision taught us anything, even a ruling in our favor doesn’t mean that gun control advocates won’t work tirelessly to restrict our rights.

After the Heller decision, D.C. passed draconian restrictions on firearms possession, and still bans the entire class of semi-auto handguns. I fully expect Chicago to follow suit, by passing a host of restrictions and regulations on the right of Chicago’s residents to defend themselves with handguns.

It does, however, mean that gun owners can make a role for themselves in the process. By being involved in state and local elections, gun owners have a direct impact on the politicians and the legislation they pass.

Now is not the time to sit on the sidelines. Gun owners must be involved in the political process to affect real, Constitutional change.

(For a refresher on the McDonald case, the Associated Press has a good write up on the plaintiffs in the case; David and Colleen Lawson, Otis McDonald and Adam Orlov.)

Gunlaws.com

Washington, DC - -(AmmoLand.com)- Should individual states be required to honor your guarantees under the Bill of Rights?

Phoenix-based Bloomfield Press has asked the U.S. Supreme Court to say yes, in an amicus (“friend of the court”) brief just filed.

The goal is to require states to be bound by the Second Amendment right to keep and bear arms. They are not currently obligated to do so. This principle is up for review in McDonald v. Chicago, expected to be argued at the High Court in February, 2010, and decided by June. See the filing here — http://www.gunlaws.com/supreme.htm

The Bill of Rights was adopted in 1791 only to control Congress (e.g., “Congress shall make no law…”), and the High Court has only applied the Bill to the states in bits and pieces. Studies have shown most people are unaware of this.

The 14th Amendment in 1868 said states cannot abridge the privileges or immunities of the citizens, or deprive or deny the rights of the people, but it provided few details — and the High Court has been evaluating that since then.

Working piecemeal, the Court has declared states cannot deny free speech, protection against unreasonable searches, the right to counsel in a criminal trial and more. This principle is now on trial in what may be the highest-profile case of its kind — the right to arms in the Second Amendment.

Chicago has flatly banned this right, leaving its citizens defenseless, and insists it has the power to do so. The city’s ban does little to disarm hardened criminals who simply roam free, carrying guns illegally at will.

“The core issue is whether a state has legitimate power to deny any fundamental right to its people,” says Alan Korwin, author of eight books on gun law and the publisher at Bloomfield Press, the nation’s largest producer and distributor of gun-law books. “This issue is so broad and crucial to America that pro-rights and even anti-rights people on the gun issue are aligned to overturn Chicago’s blanket denial of a fundamental right,” he says.

The avowedly anti-gun-rights Washington Post observed that,

“Lawyers from both the left and right of the political spectrum will present strong arguments that the Second Amendment applies to state and local governments.”

That sentiment was echoed in the similarly anti-rights LA Times, which stated editorially,

“It’s tempting to hope that the court will rule that states aren’t bound by the Second Amendment,” but continued, “Allowing the states and cities to ignore this part of the Bill of Rights could undermine the requirement that they abide by others… this is no time for the Court to start picking and choosing when it comes to the Bill of Rights.”

Bloomfield Press joins 34 California DAs, eight Nevada DAs, former Arizona Sheriff Richard Mack (the hero of the successful Brady-bill case that set 10th Amendment limits on federal invasion of states’ rights), several law-enforcement associations, and citizens’ rights groups in Arizona, California, Texas and Virginia in the amicus filing.

Mr. Korwin’s extensive research and material appears throughout the brief, drafted by California attorney Chuck Michel of Michel and Associates.

The main points argued include:

1. The right of the people to keep and bear arms is a deeply rooted “fundamental right” and thus properly applied to the states;
2. The Due Process clause of the 14th Amendment necessarily incorporates the Second Amendment to apply against the states;
3. The right to armed self defense is a fundamental right recognized repeatedly by the Supreme Court dating back to the 19th century;
4. The right to self defense, in addition to the right to arms, has been well established as fundamental for centuries in state constitutions, and in federal law and state law;
5. Firearms are and have always been recognized as essential to exercise the right to self defense, with each one reliant upon the other; and
6. Federalism (states rights) presents no obstacle to incorporating a fundamental right of the people.

The entire brief may be downloaded here
(it will be on the Supreme Court website shortly).

http://www.gunlaws.com/supreme.htm

——–

The 14th Amendment, Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The amici include the Arizona Citizens Defense League (AzCDL), The Texas Concealed Handgun Association (TCHA), and The Virginia Citizens Defense League (VCDL), all easily googled. The complete list of amici with descriptions of their interests are in the brief.

IllinoisCarry.com

Bellevue, WA - -(AmmoLand.com)-We are very excited to see the Second Amendment Foundation joined by the Illinois State Rifle Assocciation on the behalf of four Chicago residents submitted its brief in the U.S. Supreme Court case McDonald vs Chicago.

The brief was prepared by attorney Alan Gura who was also the attorney for the widely known Heller case which successfully challenged the Washington D.C. handgun ban last year.

The brief is available for viewing and downloading at ChicagoGunCase.com. The brief presents an excellent and compelling argument as to why the Second Amendment should be incorporated into the states. Many Second Amendment supporters will find the brief easy to read and comprehend. It has been said by some IllinoisCarry members who have read it to cause “goosebumps” in its scope, clarity, and purpose.

Oral arguments are expected to be heard early next year and perhaps a ruling by mid-year. The restoration of the Second Amendment rights of Illinois citizens will be greatly affected by the ruling in this case and we shall continue to watch future developments very closely.

About:
The IllinoisCarry forum was started in April 2004. The idea was that Illinois needed a central location to communicate ideas and information regarding 2nd Amendment issues in Illinois. There are many organizations in Illinois working to protect our 2nd Amendment Rights. Working with these groups IllinoisCarry has become the central location for information and Action Alerts. IllinoisCarry will not endorse political candidates. We simply provide information so voters can make informed decisions. Our goal is to join the other 48 states that allow their citizens to carry concealed firearms. We encourage you to register on our forum and join the fight for your 2nd Amendment Rights in Illinois.

Second Amendment Foundation

BELLEVUE, WA – -(AmmoLand.com)- The Second Amendment Foundation today filed a lawsuit on behalf of three residents of the District of Columbia and a New Hampshire resident, seeking to compel the city to issue carry permits to law-abiding citizens.

The lawsuit was filed in U.S. District Court on behalf of Tom Palmer, George Lyon and Amy McVey, all District residents, and Edward Raymond, a New Hampshire resident. SAF and the individual plaintiffs are being represented by attorney Alan Gura, who successfully argued the landmark District of Columbia v. Heller case in 2008 that overturned the District’s handgun ban on the grounds that it was unconstitutional under the Second Amendment.

“Once again,” said SAF founder and Executive Vice President Alan Gottlieb, “we’re heading back to court because the anti-gun city administration refuses to abide by the law. It is beginning to appear like residents of the District are up against a rogue city government that simply does not want to ease its stranglehold on the most important civil right of all, the right of self-preservation.”

“In most major American cities,” said attorney Gura, “where the right to bear arms is respected, licensed permit holders have proven themselves safe and effective. Washington, D.C. already requires handgun registrants to complete the background checks and training classes required of carry permit holders throughout the country. It is pointless to deny these individuals the right to bear arms.”

SAF previously sued the District over its restrictive handgun registration policies, leading the city to amend those policies. This time, SAF is alleging that the District previously had a city code under which the police chief could issue licenses to carry handguns to individuals, including citizens not residing in the District, though the city did not issue such licenses as a matter of policy for several years. That authority was revoked last December by the Mayor and City Council.

Plaintiffs are seeking a permanent injunction against the continued ban on carrying handguns by law-abiding citizens for personal protection.

About:
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.