AUGUST
NEWSLETTER
Orange County Shooters
News from the Orange County NY, NY State and the Nation of interest to gun owners and sportsmen
SEPTEMBER 2005 Newsletter
OCTOBER
NEWSLETTER
CLICK ON THE ITEM TO LINK TO RELATED WEB PAGE
SPECIAL EVENTS
OCFSC Dinner
NYS RPA PAC
OC Senior Games
ORANGE COUNTY & LOCAL NEWS
Trap Shoot to be Trap Shoot to be "Major new event" in Orange County Senior Games
Orange County Federation of Sportsmens Clubs Annual Dinner a Great Success Orange County Federation of Sportsmens Clubs Annual Dinner a Great Success
Orange County Chapter of SCOPE announces Ted Nugent & Sunrize Acres Jurassic Pork Hunt Winner Orange County Chapter of SCOPE announces Ted Nugent & Sunrize Acres Jurassic Pork Hunt Winner
Monroe Chester Sportsman Club to host 22 Cal. Rifle Silhouette Match on Sept. 24th Monroe Chester Sportsman Club to host 22 Cal. Rifle Silhouette Match on Sept. 24th
Shawangunk Fish & Game Club accepting new member applications in September. Will rafflel off ARCTIC-CAT ATV for ANNUAL BENEFIT RAFFLE Shawangunk Fish & Game Club accepting new member applications in September.
      Will raffle off ARCTIC-CAT ATV for ANNUAL BENEFIT RAFFLE
Single Action Open House set for Sept. 25th Single Action Open House set for Sept. 25th
T H-R's article highlights 20 year old girl Newburgh who wins 1st place at Camp Perry National event T H-R's article highlights 20 year old girl Newburgh who wins 1st place at Camp Perry National event

NY STATE NEWS

Gun shows score legal victory Judge says statute defining events too broad, infringes on free speech Gun shows score legal victory, Judge says statute defining events too broad, infringes on free speech
Gov. Pataki signed bill allowing use of rifles for Deer and Bear Hunting in Previous Shotgun only areas Gov. Pataki signed bill allowing use of rifles for Deer and Bear Hunting in Previous Shotgun only areas

NATIONAL NEWS

UPDATE
FEDERAL JUDGE HALTS NEW ORLEANS GUN SEIZURES

Florida Supreme Court: Gun maker's insurance doesn't cover cities' suits Florida Supreme Court: Gun maker's insurance doesn't cover cities' suits
Roberts on the Second Amendment Roberts on the Second Amendment
Disaster Can't Destroy Gun Rights Disaster Can't Destroy Gun Rights, (NRA responds to Police order to disarm civilians in New Orleans)
Michael & Me -- The Movie by Larry Elder Michael & Me -- The Movie by Larry Elder
LINKS ONLY
ABC VIDEO Story about taking away the legally owned guns from citizens It takes a while to download CLICK HERE FOR The same from another site 9/11/05 Club for Growth, McCain Breaks McCain-Feingold Law      As they say, ignorance of the law is no excuse. Especially if you wrote the law.     Last week Sen. John McCain cut a TV ad endorsing a candidate in the CA-48 special election but the add does not state that the candidate approved the ad. That’s now required by law. Specifically, the law co-sponsored by McCain himself.” McCain also registered a PAC that listed a 501c3's phone number on the form, a very big legal no, no. McCain--turn yourself in.
Neighbors tell of gun battles after the storm      NEW ORLEANS, Sept. 21 — After the storm came the carjackers and burglars. Then came the gun battles ...
Groups call arms seizures 'arbitrary'       THE WASHINGTON TIMES September 23, 2005     Two national gun rights groups yesterday joined individual Louisiana gun owners in a federal lawsuit to stop authorities from confiscating firearms from private citizens in the aftermath of Hurricane Katrina. ... Plaintiffs in the suit against the City of New Orleans are two local gun owners. One, whom Mr. LaPierre identified as Buell Teel, was on a boat rescuing people. "To protect himself, he had a firearm on the boat," which police saw and seized, Mr. LaPierre said.

CoBIS or Gun "DNA" Watch

DATE
# OF GUNS
CHANGE
MONEY SPENT
# OF CoBIS "Hits"
9/1/05
109,214
 2,969
$18,333,333 +?
0

SEPTEMBER TO BE MOST ACTIVE MONTH OF 2005

September is always a very busy month but this year some extra events are going to make it the busiest ever. We normally have:

But this year we are adding

  • NY State Rifle and Pistol Association - PAC FUNDRAISING DINNER on SEPTEMBER 17TH at the Mid-Hudson Civic Center featuring NRA Executive Director Wayne LaPierre and NRA VP John Sigler
  • Women’s Firearm Seminar at the Bethlehem Rod & Gun Club, www.br-g.org Saturday, September 17
  •  The Orange County Senior Games are going to have Trap Shooting at Shawangunk Fish and Game Club on September the 27th
  • Shawangunk Fish & Game Assoc. Inc. is going to have a Sunday Silhouette Shoot on September 18th
  • Monroe Chester will host a .22 caliber RIFLE Silhouette Match on Saturday September 24th

Get up, Get out and Get going
and support YOUR local groups and events!


ORANGE COUNTY NEWS

Trap Shoot to be Trap Shoot to be "Major new event" in Orange County Senior Games

     Every year, the Orange County Office for the Aging hold Senior Games for people 55 and older. This year they will celebrate their 22nd Anniversary. The Recreational, Social and Competitive Activities, events and contests cover just about every activity that you can think of from athletic events to playing cards to outdoor river trips. This year will feature as "our major new event," Trap Shooting at the Shawangunk Fish & Game Club. The event will be held on Sept. 27. and you need to register.
     It only cost $10 and you get a free T-Shirt. You can register by downloading a form from their web site or Picking up an application at Master Class in Monroe or at the Orange County Federation of Sportsmens Annual Dinner. You can also call the Orange County Office for the Aging at 291-2150 for more info and they will mail you the application.
     Ann Coon, a spokes person for the Senior Games, said that the addition of the Trap Shooting event was "Our major new event" for this year and that they are hoping that the shooting community supports the event. Ann gave Orange County Legislator Jeffrey Berkman, D 20th Legislative District, credit for suggesting the event and bringing together the Senior Games and Shawangunk Fish & Game Club.
     This is yet another time that Shawangunk Fish & Game has stepped up to the plate and helped to promote the shooting sports in Orange County. SFG is accepting new members in September so if you want to join a club see the additional article.

Orange County Federation of Sportsmens Clubs Annual Dinner a Great Success Orange County Federation of Sportsmens Clubs Annual Dinner a Great Success

     Friday night, Sept. 16, the Federation held its annual dinner at Kuhl’s Highland House in Middletown. Everyone had a great time, (though I my ending streak of winning guns at such events ended at 3.) The place was packed and a lot of good prizes were given away. We had two raffles from the "Wall of Guns" and we also gave away 3 more rifles. One of the rifles was a Remington 700 that was donated by the Middletown Gander Mountain.

Sport's Club of the Year: "County Seat Conservation Club"
Sportsperson of the Year: Murphy Guidry, Joe Cassel, and James Wolfe for their work on this year's Annual Rudy Vallet Fishing Derby
Special Recognition Award: " Vince Pizzolato"

Orange County Chapter of SCOPE announces Ted Nugent & Sunrize Acres Jurassic Pork Hunt Winner Orange County Chapter of SCOPE announces
Ted Nugent & Sunrize Acres Jurassic Pork Hunt Winner
Mike & Ralph get a little help from Kate drawing  the winning ticket
Mike & Ralph get a little help from Kate drawing the winning ticket

     I spent the day along with OC Chapter members Mike and Ralph at the Middletown Gander Mountain manning a table for SCOPE. We sold the last of the Raffle tickets and several memberships.
     At the end of the day, ticket # won and it belonged to Joseph B. from Manhattan. Good luck to him and we hope to get some pictures from the hunt and some good stories.

Winning ticket 0358

Monroe Chester Sportsman Club to host 22 Cal. Rifle Silhouette Match on Sept. 24th
Monroe Chester Sportsman Club to host 22 Cal. Rifle Silhouette Match on Sept. 24th Monroe Chester Sportsman Club to host 22 Cal. Rifle Silhouette Match on Sept. 24th

      The Monroe Chester Sportsman Club will host a .22 caliber RIFLE Silhouette Match on Saturday September 24th, 2005  from 10 a.m. to 2 p.m. for .22 Long Rifle Only. NO MAGNUMS.
        Match will feature open sight and scoped class competitions. Open sight class competition includes any metallic sight without glass or magnification. Peep sight, tube sight, and leaf sights all qualify for open sight competition. Scoped class competition is any  glass sight. A red dot aiming device will qualify as a scope.
        Awards will be presented for top three rifle scores in both open and scoped class competition. No distinction made between “custom” and “stock” rifles. What you do with the stock is up to you, and any style stock is acceptable. All shooting done offhand at 25, 50, 75 and 100 yards. No slings or artificial support may be used.
     $10.00 adult entry fee. $7.00 junior entry . $2.00 per relay. Famous cooked lunch and cold non alcoholic beverages available from 12 - 1 pm. Contact Jim Cunningham at Jimandbeck@frontiernet.net or call 845-457-1516 for further information.

                                                          Directions To Club From North & West
      Route 17 (Quickway) East to Chester exit. Left at light at end of exit. Right at traffic light at intersection of 17 & 94. Pass MacDonald’s on right. Pass Rowley Lumber on right. Right at next traffic light onto King’s Highway. King’s Highway to Sugarloaf Extension. Sugarloaf Extension to end. Left at T onto Bellvale & Gibson Hill Road. 2-4 miles on Gibson Hill Road, pass Bruderhoff and lake on right. Continue 1 mile, make left at sign for Monroe-Chester Sportsman Club. Follow access road to top of hill.
                                                                        Directions To Club From South & East
      Route 17 (Quickway) West To Chester Exit. Right at end of exit. Pass MacDonald’s on right. Balance of directions as above.

Shawangunk Fish & Game Club accepting new member applications in September. Will rafflel off ARCTIC-CAT ATV for ANNUAL BENEFIT RAFFLE Shawangunk Fish & Game Club accepting new member applications in September.
Will raffle off ARCTIC-CAT ATV for ANNUAL BENEFIT RAFFLE

    The Shawangunk Fish & Game Club will be accepting new member applications in September. Located just west of Middletown, NY, the club is one of the largest and best in Orange County and features a Club house & a pavilion, a small fishing pond at their club, Trap range, Rifle/Pistol range, Archery range, licensed dog training facility, licensed fishing preserve, 3-D archery course, Pheasant/Chukar preserve more. They are a very active club and hold many events each year.
     If you are thinking of joining please contact, for more information.
     As their Annual Benefit Raffle this year, SFGC is holding a raffle and this year the prize is an ARCTIC-CAT 400 AUTO. VP 4WD ATV, Supplied by Snowcat Country, Westtown, NY. Tickets are only $10 and you can get your tickets from any member, or SEND A $10 CHECK OR M.O TO: RAFFLE TICKETS, SHAWANGUNK FISH AND GAME ASSOCIATION, INC., P.O. BOX 161, MIDDLETOWN, NY 10940

Single Action Open House set for Sept. 25th Single Action Open House set for Sept. 25th
All you need is a handgun license
http://www.monroechestersportsmen.org/

     The Monroe Chester BHR Posse is holding an Open House to introduce experienced Orange County shooters to Cowboy Action Shooting.
      You don’t have to own the above-mentioned firearms to try it. You don’t even have to belong to this or any club to participate in any of the monthly SASS shoots held here or in neighboring Ulster and Dutchess Counties. The Open House shooting scenarios will be written and supervised by qualified SASS certified range officers. NY State champions will give you “how to” tips. Posse members will loan the firearms needed to qualified shooters. Guests will be asked for a donation to pay for their reduced load ammunition that the Posse will supply. The steel targets are 16” by 16” and close enough for even a tender foot to hit and hear that satisfying clang. There are no time limits. Sounds like fun doesn’t it?
      You must reserve your place by September 15, by calling Mark at 353-7921 or Colleen at 477-7281 for your reservation number. You will be called back with more information. New York State firearm regulations will apply. Your current NYS pistol license will be required to shoot six guns. No shooter under the age of 12 will be allowed to shoot a rifle or shotgun. Valid identification will be required for all shooters. Minors must be accompanied by and have the written permission of their parent or legal guardian. An original or copy of their birth will be required. Everyone must bring eye and ear protection
      The Club is located on Gibson Hill Road about a Quarter of a Mile from Laroe Road in Chester N.Y. The shoot will not be cancelled if it is raining the morning of September 25. If you have any question about the weather that morning please call the Pistol Range at 469-5554 after 8am. There will be a morning registration at 8am and an afternoon registration at 12:30 PM. A mandatory safety meeting will follow each, promptly. No one who misses the safety meeting can shoot and there will be no exceptions. A free Cowboy lunch for the shooters will start at approximately 12:30pm.
CLICK HERE TO SEE THE OCTOBER NEWSLETTER ARTICLE

T H-R's article highlights 20 year old girl Newburgh who wins 1st place at Camp Perry National event T H-R's article highlights 20 year old girl Newburgh who wins
1st place at Camp Perry National event

     Kevin Witt has written an article about a 2004 Newburgh Free Academy graduate, Kelly Hoeltschi, who placed first place in Expert Civilian Service Rifle at this year's Camp Perry National High Power Championships. Kelly started shooting when she was 10 at the Wallkill Rod and Gun Club. Kelly was shooting an AR 15 and won against 84 men and women.
     The AR 15 that she and the other competitors shoot would be banned under the new Assault Weapons Ban being proposed by the anti-gun people in Albany. (March 05 article, April 05 article, June/July 05 article)
     Please send Kevin Witt an e-mail, kwitt@th-record.com, and thank him for covering the shooting sports. He has also had other articles highlighting other shooters in Orange County. In July he also covered shooters from the Middletown Navy Junior Reserve Officers Training Corps who took 8th place in a national competition.

FROM THE Wallkill Rod and Gun Club WEBSITE:
      Here's our own Kelly Hoeltschi at this year's Camp Perry Nationals. She shot a score of 2308-70x out of 2400-240x in the NRA National Highpower Championship, winning the Expert class. The course of fire is 60 shots slow fire standing at 200 yards, 60 shots sitting rapid at 200 yards, 60 shots prone rapid at 300 yards and 60 shots prone slow fire at 600 yards, shot over a span of 4 days.
      Former NYSRPA Highpower Director and long time competitor Ray Carney says "This is a wonderful, indeed, absolutely outstanding, accomplishment for Kelly. The Expert class always has the most shooters, and it is a very tough one to win in, unless, as Kelly did, you catch on fire. The possible score is 2400, so Kelly's score of 2308 translates to an average of 96.2 for every ten shots fired, irrespective of position, distance, or conditions."
      Kelly comments on her win "I am really thankful for all the support I have received from the Wallkill Rod and Gun Club, whose members got me started in this game. I also send out my greatest appreciation for the incredible coaching and friendships I have been able to build over the last 4 years in the highpower sport, with a special thanks to the New York State Senior Rifle Team. Without the help from these inspirational shooters, I would not have had the success that I have had thus far, and I send my sincerest thank you."

NFA grad one heck of a shot

By Kevin Witt, Times Herald-Record, kwitt@th-record.com
CLICK HERE FOR THE WHOLE ARTICLE

     Kelly Hoeltschi just started her sophomore year at American University. Dealing with the hustle of Washington, D.C., she's also working on a double major in international business and German.
      Her crazy, fast-paced life makes her one of the last people you would think would be comfortable in a sport based around patience and precision.
      So what's she doing winning a national rifle shooting championship?
Hoeltschi, a 2004 Newburgh Free Academy graduate, recently placed first in Expert Civilian Service Rifle at Port Clinton, Ohio. The competition, held at Camp Perry, is part of the NRA National High Power Championships.
      Hoeltschi, 19, shot with the same AR-15 rifle used in the military, only the weapon is semi-automatic – meaning you must pull the trigger for every shot. Her "expert" status is based on past performances. Civilian means non-military personnel.
      "I never set a goal," Hoeltschi said. "I didn't want to get too upset about it. I knew I was shooting well (during the competition), but I refused to look at the scoreboard."
      She won fairly easily, beating a field of 84 men and women. Scoring is based on hitting targets, with the shooter firing from four positions – each for 20 shots. There were three rounds, held during the week of Aug. 7-11.
      Hoeltschi scored 2,308 points out of a possible 2,400. Thomas Makley finished second (2,274). Stephanie Fiegel took third (2,268).
      "I like that there's friendly competition between genders," Hoeltschi said.
      The performance was so good, it pushed Hoeltschi to "Master" level, because she scored higher than 752 points for three straight days.
      Despite her age, she's hardly a newcomer to the sport. She tagged along with her father, Max Holt, and brother, Kevin, to the Wallkill Rod and Gun Club when she was just 10. They shot .22-caliber rifles during a winter league.
      "It was a fun thing to do on a Friday night, and I got to hang out with adults," she said.
She moved to the high-powered rifles when she was 14, after taking an introductory class. Hoeltschi got good fairly quickly, but never had a performance close to what she accomplished in Ohio.


NEW YORK STATE NEWS

Gov. Pataki signed bill allowing use of rifles for Deer and Bear Hunting in Previous Shotgun only areas Gov. Pataki signed bill allowing use of rifles for Deer and Bear Hunting in Previous Shotgun only areas
From Gun Legislation & Politics in New York Blog

     (We finally won something, as small as it is.)
     On 8/30/05, Gov. Pataki signed A-4853A/S-918A expanding the use of rifles for deer and bear hunting in Allegany, Cattaraugus, Chenango, Herkimer, Montgomery, Oneida, Oswego, Otsego, Schoharie and Tioga counties, plus part of Broome county. The law goes into affect immediately.

Gun shows score legal victory Judge says statute defining events too broad, infringes on free speech Gun shows score legal victory,
Judge says statute defining events too broad, infringes on free speech
From Rochester Democrat and Chronicle

Gary Craig, Staff writer
      (September 17, 2005) — A federal judge Friday tossed out a significant portion of New York state law regulating firearms sales at gun shows.
      U.S. District Judge Charles Siragusa determined that one of the statute's definition of a gun show is so broad that it "infringes on ... constitutionally protected rights to free speech, assembly and petition."
      Several area sporting clubs last year challenged the constitutionality of the gun show definition. Under the law, sellers at a gun show must be prepared to provide background checks on possible gun buyers. The show operator otherwise can face civil penalties up to $10,000.
      One portion of the law describes gun shows as events held by organizations devoted to firearm collecting or competitive shooting. At oral arguments in July, Siragusa questioned the state Attorney General's Office about the reach of the statute. Echoing the claims of the sporting groups, Siragusa said the statute could force gun clubs to be prepared to do background checks at pancake breakfasts they sponsored.
      Assistant Attorney General Charles Steinman said the Legislature's intent was evident, and "we are not going to (seek) civil actions or enforcement under that situation."
      Siragusa decided, however, that the statute should be narrowed so that it is clear what activities qualify as gun shows.
      A second definition of gun show still stands in state law. The state can still require background checks on gun buyers at events where:

  • At least 20 percent of the exhibitors are firearms exhibitors.
  • Ten or more firearms exhibitors participate.
  • 25 or more handguns are for sale.
  • 50 or more guns are for sale.

     Scott Garretson, the lawyer for the sporting clubs, said the latter definition makes legal sense and clearly applies to what most people consider a gun show.
      "Every gun show I've been to that bore the name 'gun show' would have met those criteria," Garretson said.
      Steinman said Friday that the Attorney General's Office will decide whether to appeal Siragusa's ruling.
      The lawsuit also challenged the state's use of CoBIS, or Combined Ballistic Identification System, which requires that most new handguns sold in the state be test-fired so the state can file specific ballistics information into a database. The lawsuit contended that citizens who buy and sell guns legally are entered into the state database even though they have no connections with crimes.
      Siragusa ruled the system constitutional.
      GCRAIG@DemocratandChronicle.com

NOTE:
This is a victory in Federal Court but they let CoBIS stay.


NATIONAL

Florida Supreme Court: Gun maker's insurance doesn't cover cities' suits Florida Supreme Court: Gun maker's insurance doesn't cover cities' suits
CLICK HERE FOR THE GAINSVILLE.COM ARTICLE

     AP, September 22. 2005,     Gun makers' commercial liability insurance policies do not cover them against damages some cities and counties are seeking for medical costs and other services related to gun violence, the Florida Supreme Court ruled Thursday.
      The seven justices unanimously ruled against Taurus International Holdings and Taurus International Manufacturing Inc., based in Miami but owned by Forjas Taurus, a Brazilian company.
      Taurus is among a number of arms makers that have been sued by cities across the nation. It has policies from several insurers and sought a court order to require that they defend the suits.
      A federal judge in Miami previously held the policies do not cover such cases. Taurus asked the 11th U.S. Circuit Court of Appeal in Atlanta to reverse that decision. The appellate court, however, found the issue was a matter of state law and asked the Florida Supreme Court for a decision.
      The Florida justices based their ruling on policy clauses that exclude coverage for bodily injury and property damage occurring away from the gun makers' premises and resulting from products outside their physical possession.
      Taurus lawyer Simon Bloom said no decision had yet been made on whether to ask the Florida justices for a rehearing and that the final decision still would be up to the 11th Circuit. He said he was disappointed but declined further comment.
      The Florida Legislature in 2001 barred local governments from suing gun makers in state court. Legislation is pending in Congress to do the same nationally. The Senate in July passed a measure that also would bar victims from suing. The bill is awaiting House action.
      The Florida Supreme Court, also in 2001, declined to review a lower court's dismissal of such a lawsuit filed by Miami-Dade County before the state ban became law.
      The insurance opinion was written by Justice Raoul Cantero. Justice R. Fred Lewis concurred only with the result but did not write an explanatory opinion.

Roberts on the Second AmendmentRoberts on the Second Amendment
Posted by David Hardy · 15 September 2005 04:47 PM
from: Of Arms and the Law, blog with comments

     Thanks to a tip in a comment to the previous post, I've found a longer transcript of the 9/14 hearings on Robert's confirmation. Basically, (1) Roberts correctly sees Miller as going to the nature of the gun, and not as being a collective rights case; (2) but he sees Miller as leaving the issue up in the air, not as settling it in favor of individual rights (you can see Miller either as recognizing an individual right limited to military-type arms -- which I think is fair, based on the fact it remanded to take evidence, or as having decided only the narrow issue of whether non-military arms are covered, and leaving open the result if the arm is military; and (3) he sounds like he'd vote for cert., so the issue will likely get hot, soon. Here is the relevant part:

     FEINGOLD: Let's go to something else then. I'd like to hear your views about the Second Amendment, the right to bear arms. This is an amendment where there's a real shortage of jurisprudence
      You mentioned the Third Amendment where there's even less jurisprudence, but the Second Amendment's close. So I think you can maybe help us understand your approach to interpreting the Constitution by saying a bit about it.
      The Second Amendment raises interesting questions about a constitutional interpretation. I read the Second Amendment as providing an individual right to keep and bear arms as opposed to only a collective right. Individual Americans have a constitutional right to own and use guns. And there are a number of actions that legislatures should not take in my view to restrict gun ownership.
      FEINGOLD: The modern Supreme Court has only heard one case interpreting the Second Amendment. That case is U.S. v. Miller. It was heard back in 1939. And the court indicated that it saw the right to bear arms as a collective right.
      In a second case, in U.S. v. Emerson, the court denied cert and let stand the lower court opinion that upheld the statute banning gun possession by individuals subject to a restraining order against a second amendment challenge.
      The appeals court viewed the right to bear arms as an individual right. The Supreme Court declined to review the Appeals Court decision.
      So what is your view of the Second Amendment? Do you support one of the other views of the views of what was intended by that amendment?
      ROBERTS: Yes. Well, I mean, you're quite right that there is a dispute among the circuit courts. It's really a conflict among the circuits.
      The 5th Circuit -- I think it was in the Emerson case, if I'm remembering it correctly -- agreed with what I understand to be your view, that this protects an individual right. But they went on to say that the right was not infringed in that case. They upheld the regulations there.
      The 9th Circuit has taken a different view. I don't remember the name of the case now. But a very recent case from the 9th Circuit has taken the opposite view that it protects only a collective right, as they said.
      In other words, it's only the right of a militia to possess arms and not an individual right.
      Particularly since you have this conflict -- cert was denied in the Emerson case -- I'm not sure it's been sought in the other one or will be. That's sort of the issue that's likely to come before the Supreme Court when you have conflicting views.
      I know the Miller case side-stepped that issue. An argument was made back in 1939 that this provides only a collective right. And the court didn't address that. They said, instead, that the firearm at issue there -- I think it was a sawed-off shotgun -- is not the type of weapon protected under the militia aspect of the Second Amendment.
      So people try to read the tea leaves about Miller and what would come out on this issue. But that's still very much an open issue.
      FEINGOLD: I understand that case could come before you. I'm wondering if you would anticipate that in such a case that a serious question would be: Which interpretation is correct?
      ROBERTS: Well, anytime you have two different courts of appeals taking opposite positions, I think you have to regard that as a serious question. That's not expressing a view one way or the other. It's just saying, "I know the 9th Circuit thinks it's only a collective right. I know the 5th Circuit thinks it's an individual right. And I know the job of the Supreme Court is to resolve circuit conflicts." So I do think that issue is one that's likely to come before the court.
      I think the view that Miller decides in favor of an individual right for military-type guns (what I call a "hyrbid right") rather than leaving the issue open is the better one. Miller, after all, reverses and remands in order that evidence be taken on the sawed-off shotgun. I'm offhand unaware of any caselaw on how one interprets a Supreme Court ruling in this setting, but--
      (1) The collective rights claim was briefed by the government, I think as its primary argument.
      (2) It seems to me that if the Court was of the view that there was no individual right, there would have been no purpose to remanding after stating the lower court erred in not taking evidence regarding the gun. That'd merely be generating more work, after which the Supremes would have to announce it was all for naught -- there's no right here, and whether the gun is military or not is of no moment.
      (3) The Court cites as its authority, not the then existing collective rights cases (i.e., City of Salina) but the existing individual "hyrbid" cases (i.e., Aymette).

     What's really interesting is how much Roberts knows about what is, to most jurists, a very obscure area. He knows that Miller involved a sawed-off shotgun, was decided in 1939, knows that the collective right view was presented in it, knows (although I'd read it differently) what the case held, knows what circuits are split and which way, even knows the lingo (I suspect most judges if asked about second amendment "collective rights" would wonder what that means). Perhaps it was covered in his briefing, but I doubt a fellow could remember that much given how much he must have been briefed on -- I'd suspect he's done a fair amount of reading on his own.

UPDATE

RELATED LINKS:

New Orleans Gun Confiscation is Blatantly Illegal, by David Kopel on Volokh.com
Stephen Halbrook, whose memorandum of law is available here.

FEDERAL JUDGE HALTS NEW ORLEANS GUN SEIZURES
Second Amendment Foundation (SAF) press release

     BELLEVUE, WA ? The U.S. District Court for the Eastern District of Louisiana this afternoon issued a temporary restraining order on behalf of the Second Amendment Foundation (SAF) and National Rifle Association ( NRA), bringing an end to firearm seizures from citizens living in and around New Orleans.
      District Judge Jay Zaney issued the restraining order against all parties named in a lawsuit filed Thursday by SAF and NRA. Defendants in the lawsuit include New Orleans Mayor Ray Nagin and Police Chief Edwin Compass III.
     This is a great victory, not just for the NRA and SAF, but primarily for law-abiding gun owners everywhere, said SAF founder Alan M. Gottlieb. We are proud to have joined forces with the NRA to put an end to what has amounted to a warrantless gun grab by authorities in New Orleans and surrounding jurisdictions.
      Over the past three weeks, he continued, residents who had lost virtually everything in the devastation following Hurricane Katrina had also essentially been stripped of something even more precious, their civil rights, and their right of self-defense, because of these gun seizures.
      SAF and NRA had no alternative but to take action, Gottlieb added. If these gun confiscations had been allowed to continue without challenge, it would have set a dangerous precedent that would have encouraged authorities in other jurisdictions to believe they also could suspend the civil rights of citizens in the event of some other emergency.
      What must happen now, and quickly, said Gottlieb, is for authorities in the New Orleans area to explain how they will return all of those firearms to their rightful owners, and do it promptly. What this ruling affirms is that even in the face of great natural disasters, governments cannot arbitrarily deprive citizens of their rights. Thanks to some great teamwork between SAF and the NRA, this sort of thing will hopefully never happen again.

 

Major Victory For Firearms Owners And Freedom In Louisiana
NRA press release

     Friday, September 23, 2005 (Fairfax, VA) -- The United States District Court for the Eastern District in Louisiana today sided with the National Rifle Association (NRA) and issued a restraining order to bar further gun confiscations from peaceable and law-abiding victims of Hurricane Katrina in New Orleans.
      “This is a significant victory for freedom and for the victims of Hurricane Katrina. The court’s ruling is instant relief for the victims who now have an effective means of defending themselves from the robbers and rapists that seek to further exploit the remnants of their shattered lives,” said NRA Executive Vice President Wayne LaPierre.
      Joining LaPierre in hailing the U.S. District Court decision was NRA chief lobbyist Chris W. Cox. “This is an important victory. But the battle is not over. The NRA will remedy state emergency statutes in all 50 states, if needed, to ensure that this injustice does not happen again."
      The controversy erupted when The New York Times reported, the New Orleans superintendent of police directed that no civilians in New Orleans will be allowed to have guns and that “only law enforcement are allowed to have weapons.” ABC News quoted New Orleans’ deputy police chief, saying, “No one will be able to be armed. We are going to take all the weapons.”
      The NRA also pledged that it will continue its work to ensure that every single firearm arbitrarily and unlawfully seized under this directive is returned to the rightful law-abiding owner.

NRA FILES SUIT TO STOP
FIREARM SEIZURES IN NEW ORLEANS

CLICK HERE FOR THE PRESS RELEASE
Thursday, September 22, 2005

     (Fairfax, VA) - Today, the National Rifle Association (NRA) filed a motion in United States District Court for the Eastern District of Louisiana seeking a temporary restraining order to block authorities from confiscating law-abiding citizens’ firearms in the aftermath of Hurricane Katrina.
      “New Orleans is the first city in the United States to forcibly disarm peaceable law-abiding citizens and it must be the last. Victims are dealing with a complete breakdown of government. At a time when 911 is non-operational and law enforcement cannot respond immediately to calls for help, people have only the Second Amendment to protect themselves, their loved ones and their property,” said NRA Executive Vice President Wayne LaPierre.
      “The NRA stands with law-abiding Americans, who agree that at their most vulnerable moment, their right to defend themselves and their families should not be taken away,” said Chris W. Cox, NRA’s chief lobbyist.
      According to The New York Times, the New Orleans superintendent of police directed that no civilians in New Orleans will be allowed to have guns and that “only law enforcement are allowed to have weapons.” ABC News quoted New Orleans’ deputy police chief, saying, “No one will be able to be armed. We are going to take all the weapons.”
      “The NRA is determined to stop this blatant abuse of power by local politicians. It is disgraceful that any government official would further endanger the lives of innocent victims by issuing this ridiculous order. We are very grateful to the many rank and file police officers who have come forward and assisted NRA in exposing these violations of constitutional freedoms. We are also pleased that the Second Amendment Foundation is joining us in this effort,” added Cox.
      “The actions of the New Orleans government have destroyed the one levee that stands between law-abiding citizens and anarchy - the Right to Keep and Bear Arms. The NRA will not rest until this injustice is resolved,” concluded LaPierre.

Disaster Can't Destroy Gun Rights Disaster Can't Destroy Gun Rights
NRA ALERT

     (Fairfax, VA) -- National Rifle Association leader Wayne LaPierre slammed New Orleans authorities Monday for seizing legal firearms from lawful residents.
      "What we've seen in Louisiana - the breakdown of law and order in the aftermath of disaster - is exactly the kind of situation where the Second Amendment was intended to allow citizens to protect themselves, " LaPierre said.
      "When law enforcement isn't available, Americans turn to the one right that protects all the others - the right to keep and bear arms," LaPierre said. "This attempt to repeal the Second Amendment should be condemned."
      The New York Times reported last Thursday that no civilians in New Orleans will be allowed to have guns, quoting the superintendent of police that "only law enforcement are allowed to have weapons."
      A Louisiana state statute allows the chief law enforcement officer to "regulate possession" of firearms during declared emergencies. "But regulate doesn't mean confiscate," said Chris W. Cox, the NRA's chief lobbyist.
      "Authorities are using that statute to do what the looters and criminals could not: disarm the law-abiding citizens of New Orleans trying to protect their homes and families," Cox said.
      "The NRA will not stand idly by while guns are confiscated from law-abiding people who're trying to defend themselves," he said.
      "We're exploring every legal option available to protect the rights of lawful people in New Orleans," Cox said, "and we're taking steps to overturn such laws in every state where they exist."
      "Local authorities in New Orleans are turning nature's assault on human life into man's assault on human rights," LaPierre said. "Four million NRA members intend to stop this unconstitutional power grab."

Michael & Me -- The Movie by Larry Elder Michael & Me -- The Movie by Larry Elder
CLICK HERE TO READ THE ARTICLE ON TOWNHALL.COM

August 25, 2005

     "Michael & Me," my self-financed, independent film, recently debuted on Amazon.com.
      Michael Moore argues that America possesses "too many guns." If so, why in the last 20 years -- with gun ownership up -- has violent crime declined in America? Liberals believe gun control reduces crime. Does it? What about the effect on urban crime when cities outlaw so-called "cheap Saturday night specials"?
      How often do Americans use guns for defensive purposes? I wanted to put this question to Moore. He tells us, for example, that over 11,000 people die each year because of guns. But how many Americans credit their lives with their ability to use a gun to defend themselves?
      "Michael & Me" asks why, if America possesses "too many guns," is the murder rate among Japanese Americans actually lower than in Japan? And why, in England, with severe gun restriction, is the English murder rate growing, and the violent crime rate -- assaults, car thefts, hot burglaries -- now exceeding ours?
      As Moore did in his entertaining film "Roger & Me," I sought out the director -- some might say "ambushed" -- in order to ask him a few questions. (You'll have to see my film to find out what happens.)
      My film interviews victims of crimes, those who protected themselves with firearms, gun owners, criminals, police officers, authors and academicians. Texas State Representative Susanna Hupp describes how she witnessed her mother and father executed by a gunman in a restaurant. The film also interviews Jane Doe, who, two days before she got raped, attempted to purchase a handgun -- only to be thwarted by California's 10-day waiting period.
      Some believe that the Second Amendment only confers a collective right -- as part of a state militia -- rather than an individual right to keep and bear arms. The film notes that the Founding Fathers clearly intended the Second Amendment to serve as a bulwark against possible tyranny by government. Why would the Founding Fathers limit the right to "keep and bear arms" to a government militia if threatened with tyranny by government?
      Many Founding Fathers wrote extensively on the subject. Thomas Jefferson said, "What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms." George Washington stated, "A free people ought to be armed."
      Former Vice President Hubert H. Humphrey agrees. In 1959, he said, "The right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proved to be always possible."
      Respected historian Garry Wills, in a recent C-SPAN interview, called the individual-rights school flat-out wrong: "The idea that my gun protects me from my government is not in the Founders . . . it's just not there. . . . The use of the militia originally was to be a defense of the country, and the proof of that is very simple. The federal government can federalize, can put into federal service any militia at any time it wants. So the idea that the militia can be used against the federal government is nonsense."
      Nonsense? Former Attorney General John Ashcroft wrote: "[L]et me state unequivocally . . . the Second Amendment clearly protect(s) the right of individuals to keep and bear firearms."
      Alan Dershowitz said, "Foolish liberals who are trying to read the Second Amendment out of the Constitution by claiming that it's not an individual right or that it's too much of a safety hazard don't see the danger of the big picture. They're courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don't like."
      Harvard Constitutional Law professor Laurence Tribe writes that the Second Amendment is subject to "reasonable regulation," but calls gun control extremists wrong when they say the Second Amendment restricts the right to "state militias" like the National Guard. Tribe said, "The Fourteenth Amendment, which makes parts of the Bill of Rights applicable to the states, reflected a broad agreement that bearing arms was a 'privilege' of each citizen."
      Maybe historian Wills believes guns cannot thwart a tyrannical government, but tyrants do.
      Vladimir Lenin said, "One man with a gun can control 100 without one."
      Mao Tse-tung said, "Political power grows out of the barrel of a gun."
      Joseph Stalin said, "We don't let them have ideas. Why would we let them have guns?"
      Adolf Hitler said, "The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their fall by doing so."
      "Michael & Me," in my humble opinion, also features an entertaining animated sequence in which Moore finally sits down for a "hard" interview with the filmmaker. Liberals, however, be forewarned: Some of you may find the contents disturbing. For a fact to a liberal is like Kryptonite to Superman.
      Enjoy "Michael & Me."

 

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