A long-running feud between two Nevada families came to a head when a participant in the feud entered a bar and grill and began shooting into a crowd of 300 patrons. Police say the gunman killed two brothers and wounded two other people. When he stopped to reload, a patron with a concealed carry permit saw a chance to intervene. The patron drew his pistol and fired, killing the gunman and preventing further bloodshed. (Reno Gazette-Journal, Reno, NV, OS/26/08)
When the burglar alarm woke Jon Sokol's wife, she figured her husband had yet again tripped it while fetching the newspaper. But Sokol was sleeping at her side. "I think there's somebody in the house," Sokol remembers his wife whispering. Despite his reluctance to believe his house had been invaded, Sokol walked to the stairs to investigate. Then he saw someone move. Quickly he went for his gun. "As I stepped around the corner, he hit me ... right between the eyes. And I fired the gun. Down on the ground he went, and I insisted, in a not very nice way, that he not move. I held him at gunpoint until the police arrived." Police say the intruder, who was armed with a knife, has a lengthy criminal record. (Star Tribune, Minneapolis, MN, 05/02/08)
According to White County, Tenn., Sheriff Oddie Shoupe, a man was leaving a home he'd just burglarized when he encountered the homeowner, Keith Gurtley, on the front porch. The sheriff explained, "This burglar coming out of the house asked Mr. Gurtley, 'Can I help you?' and Mr. Gurtley said, 'Yes, you're in my house, bud.” That's when the intruder reached for the stolen pistol in his waistband. "Don't do it," Gurtley said, drawing his 9mm. When the suspect failed to comply, Gurtley, who holds a concealed-carry permit, shot and killed him. "I'm afraid that if Mr. Gurtley had not been armed, he would be the one dead," the sheriff said, adding he's seen an increase in residents with carry permits. "They're tired of having to be afraid of all the criminals out there." (Herald-Citizen, Cookeville, TN, 05/16/08)
Eugene Johnson was away when burglars first struck his home, trashing it and stealing money. But he was home less than two weeks later, when his wife heard someone kick in the back door. Johnson, who spent nearly three years in a North Korean P.O.W. camp, quickly got his pistol and intervened. The burglar said, "Don't move, I have a gun," Johnson recalls. "I said, 'Buddy, I've got a gun, too, and it's [aimed] right on you. Things got quiet then." Police say the suspect had fled. "The home owner acted appropriately," said District Attorney David Freed." Criminals who break into occupied homes assume the risk of being shot by the home owners." (The Patriot News, Harrisburg, PA, 05/31/08)
Jim Hale was chatting with his friend, Tammy Arnold, in a park when he noticed some men eyeing Arnold's motorcycle. Hale greeted the men, then, unbeknownst even to Arnold, opened his vehicle and holstered his handgun just in case. The hunch was well founded. Police say one of the men ran out of a nearby wooded area, stabbed Hale in the upper back and tried to throw Arnold off the motorcycle. Hale's adrenaline pumped so hard he didn't realize he'd been stabbed. He struggled with the larger assailant, then pulled his handgun as they wrestled on the ground. "Within just a matter of seconds, truly, I had him on the ground with a gun to his throat and just held him until police arrived," said Hale. (The Dahlonega Nugget, Dahlonega, GA, OS/21/08)~ |
"We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans." -U.S. Supreme Court Justice Antonin Scalia, June 26, 2008. For all of us, as members of the National Rifle Association and for millions of other Americans, that pronouncement by the U.S. Supreme Court is perhaps the most important we will ever read or hear. It is a vindication of what we and a majority of Americans have always known. The media would have gun owners believe that with this landmark decision, the fight is over. The truth is, it is just beginning. This is the opening salvo in a step-by-step process of bringing relief to people all over this country who have been deprived of access to Second Amendment freedom. NRA is filing lawsuits in places like Chicago and its suburbs, and in San Francisco, where gun-ban statutes still block the doorway to freedom. With this monumental decision, we will also be fighting to restore rights through the legislative process, in Congress and in state legislatures to bring statutes into line with this critical doctrine of Constitutional law. The Second Amendment must never be walled off by the elite so that only the rich and famous or politically connected can access this freedom, while average citizens are told, "You're flat out of luck." In reading this landmark decision striking down the District of Columbia's three-decades old gun-ban, it has come to me time and again that this victory for freedom is not just about the culmination of decades of deep legal and historical scholarship or about the brilliant legal work of many individuals ... it's also about raw electoral politics. This Supreme Court victory is about you, your families and friends-your votes-especially in the last two presidential elections. And this remarkable decision is about President George W. Bush keeping his faith with us that he would appoint justices-like Chief Justice John Roberts and Justice Samuel Alito-who interpret our Constitutional rights as they were intended by our founding fathers. Justice Scalia's 64-page Second Amendment opinion was remarkably clear and answered key, fundamental questions. Joined in the 5-4 majority by Chief Justice Roberts and Justices Alito, Clarence Thomas and Anthony Kennedy, the court concluded: " ... we hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense." On the utility of handguns, he wrote, " ... the American people have considered the handgun to be the quintessential self-defense weapon ... and a complete prohibition of their use is invalid ..." On future Second Amendment cases, Scalia was unequivocal, " ... whatever else it leaves to future evaluation, it surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home." That bedrock belief was ridiculed by Justice John Paul Stevens as an "overwrought and novel description of the Second Amendment." Stevens, in his dissent, said the right was solely "to maintain a well-regulated militia." And he said the framers of the Constitution "never evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms [as with D.Cs ban]. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Stevens was joined in dissent by Justices David Souter, Ruth Bader Ginsburg and Stephen Breyer. For the majority, Scalia fired back, " ... it is not the role of this Court to pronounce the Second Amendment extinct." But consider this. Except for one vote, that is exactly what a Stevens majority would have done. But for one vote, total bans on firearm ownership would have gotten the imprimatur of the high court, and such laws would have metastasized through the efforts of New York billionaire Mayor Mike Bloomberg's cabal of big city mayors and his fellow globalist billionaire, George Soros. And that brings me back to electoral politics. This November, with the sure bet that there will be two, perhaps three vacancies on the u.s. Supreme Court in the near future, we face a clear choice. If Barack Obama takes the White House, he will nominate enemies of the Second Amendment. That is a sure thing. John McCain-on the other hand sees Justices Scalia, Alito, Roberts and Thomas as models for the kind of jurists he would appoint. No matter what other issues might intervene, there is nothing more important than maintaining or increasing the pro-Second Amendment majority on the high court this November. The court's decision was a great moment in American history, but it shows how fragile freedom is and how vigilant we must always be, each and every day, to protect it. |
Making Legal History The Supreme Court just handed down its landmark opinion in the case of District of Columbia v. Heller-striking down Washington, D.Cs handgun ban. Georgetown law professor Randy Barnett aptly described Justice Antonin Scalia's 64-page majority opinion as "exemplary for the way it was reasoned." Barnett said the opinion "will be studied by law professors and students for years to come. It is the clearest, most careful interpretation of the meaning of the Constitution ever to be adopted by a majority of the Supreme Court." From a scholar like Barnett, that's high praise indeed, and well deserved. But as the Wall Street Journal pointed out, "With the next President likely to appoint as many as three justices, the right to bear arms has been affirmed but still isn't safe." Just one Obama appointee to the Supreme Court could overturn Heller. Normally, when we focus on political threats, we think of supporting ILA and the NRA Political Victory Fund-as we should. But this is an ongoing legal war, and in that struggle, lawyers and judges will have their say about our rights for generations to come-and we must be prepared. It is for that reason that I urge you, in the strongest possible terms, to momentarily shift your focus to the NRA Civil Rights Defense Fund and to join me in providing the financial ammunition it needs to continue fighting for our Right to Keep and Bear Arms. The NRA Civil Rights Defense Fund is a non-profit 501 (c)(3) organization that provides legal and financial assistance to individuals and groups striving to defend your human, civil and constitutional Right to Keep and Bear Arms. 1. The NRA Civil Rights Defense Fund fights, and wins, decisive legal battles to establish important case law and legal precedent that can stand for generations. For example, in addition to assisting in the Washington, D.C., gun-ban case, the fund supported the precedent setting case of United States v. Emerson, in which the 5th Circuit Court of Appeals wrote that the Second Amendment guarantees an individual Right to Keep and Bear Arms. The fund also supported gun owners' rights in Printz v. United States, where the U.s. Supreme Court struck down unconstitutional portions of the Brady Law. 2. The NRA Civil Rights Defense Fund assists with scores of cases every year ... but the need is much greater. The fund has supported hundreds of cases over the past 30 years, averaging approximately 60 active cases at a time. From 2006 to 2008, the fund considered approximately 300 applications for help, with monetary requests totaling nearly $6.4 million. But it could only approve less than half of the applications and award grants totaling approximately $1.3 million-a mere fraction of the total needed. From 1994 to 2005, the fund reviewed more than 1,000 requests for assistance, but could only assist in just over half of those cases, awarding approximately $5.6 million in grants. Much more was needed, and the demand is growing! 3. The NRA Civil Rights Defense Fund actively wages legal action in defense of your Second Amendment rights. For example, the fund combats the unlawful seizure of firearms by officials who violate the Constitution-such as we saw in New Orleans after Hurricane Katrina. The fund also supports cases to protect the right of self-defense, defends the freedom to hunt and brings civil action against officials who violate the rights of the very citizens they have sworn to protect. 4. The NRA Civil Rights Defense Fund underwrites constitutional research and scholarly work that changes the entire debate. In addition to legal and financial assistance, the fund also sponsors important constitutional research and legal education through grants, scholarships, law student writing contests, distribution of books to libraries and more. These efforts have brought increased academic attention to the Right to Keep and Bear Arms and our Second Amendment, including analysis and discussion in important legal journals, college curricula and popular culture, plus an increased constitutional awareness among today's students as they become tomorrow's legal and political leaders. If not for the groundbreaking research that the NRA Civil Rights Defense Fund made possible, the "individual-rights view" of the Second Amendment would never have emerged as the "standard model" that scholars speak of today and that the Supreme Court adopted in the Heller decision. That's the kind of historic sea change that you and I can help to bring about through maximum support for the NRA Civil Rights Defense Fund. With mayors like Bloomberg, Daley, Fenty, Nutter and Nagin; and governors like Rendell, Blagojevich, Patrick and Corzine, you know the lawsuits are coming and the NRA Civil Rights Defense Fund will be busy. Now is the time to act! There are many ways you can support the NRA Civil Rights Defense Fund, and many ways you can benefit by doing so. So call the NRA Office of General Counsel today at (703) 267-1250, or logon to www.nradefensefund.org, to learn how you can help change history for the better through the NRA Civil Rights Defense Fund. |