National firearms ban 'reasonable'?

Gun owners warn arguments endanger Second Amendment

A Second Amendment advocacy organization is asking the Bush administration to withdraw a legal brief that leaders fear could be used to support "any gun ban - no matter how sweeping," as long as some court somewhere determines it is "reasonable." The concern comes from Larry Pratt, executive director of Gun Owners of America, whose group is pleading with the Bush administration to withdraw an anti-gun brief filed by the U.S. Solicitor General in a Supreme Court case regarding a District of Columbia ban on handguns.

The document from U.S. Solicitor General Paul D. Clement noted since "unrestricted" private ownership of guns clearly threatens the public safety, the Second Amendment can be interpreted to allow a variety of gun restrictions. His brief suggests gun rights are limited and since they are subject to "reasonable regulation," all gun limits imposed by the federal government should be affirmed as constitutional. "Given the unquestionable threat to public safety that unrestricted private firearm possession would entail, various categories of firearm-related regulation are permitted by the Second Amendment," he wrote in the brief.

But Gun Owners of America, a grass-roots lobby representing more than 300,000 Americans, said the opinion creates a huge threat to the constitutional provision banning the "infringement" of the right to bear arms. "If the Supreme Court were to accept the Solicitor General's line of argument, D.C.'s categorical gun ban of virtually all self-defense firearms could well be found to be constitutional." Pratt said.

Worse, when the standard for evaluating gun bans becomes "reasonable," there is nothing else needed in order for a court somewhere to decide that all guns should be forbidden. "In contrast to other provisions in the Bill of Rights, which can only be trumped by 'compelling state interests,' the Second Amendment would be relegated to an inferior position at the lowest rung of the constitutional ladder, should the Justice Department prevail," said Pratt.

He said the legal opinion could have been written by a gun limit lobby and it could be used in support of a ban on all guns by a government proclaiming "this is a reasonable regulation" even while affirming the "right" to bear arms. Paul Helmke, of the pro-gun control Brady Campaign to Prevent Handgun Violence, in fact earlier said he saluted the position paper.

But Pratt said it would be analogous to the situation in the state of Illinois, where the state constitution provides a right to keep and bear arms, "subject to the police power," he said. Not surprisingly, Illinois has one of the most restrictive atmospheres in the nation regarding guns, he told WND.

"Under the administration's amicus brief, a national ban on all firearms - including hunting rifles - could be 'constitutional,' even if the Supreme Court decides - on ample historical evidence - that the Founders intended the Second Amendment as an individual right," he continued. "Rather than argue that 'shall not be infringed' is a categorical prohibition on government gun-banning, the administration has chosen to align itself with those who do not believe in self defense or civilian gun ownership," Pratt said. He said his organization is issuing a public call for the Justice Department to withdraw the anti-gun statements, and is inviting other organizations to join in its battle against such a precedent.

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Florida victim turns gun on 4 robbers: "An armed citizen surprised four men who robbed him at gunpoint last week. After being ordered to his knees, Russel Olofson warned the men that "they should think about it," according to an Orlando police report released this week. A private investigator with military training, Olofson, 24, told police the robbers snatched his cell phone and a wallet containing his concealed-weapon permit shortly before 10 p.m. Friday outside Ridge Club Apartments. After the robbers took his items, Olofson stood up, drew his Springfield XD sub-compact 9 mm handgun "and fired two rounds toward male #1 with the silver handgun, possibly striking him," the report states. "Males #2, #3, and #4 then ran southeast . . . and male #1 ran northeast . . ." A search by police quickly turned up a pistol likely used in the holdup, the report said. The .45-caliber Ruger pistol and clothing believed to have been worn by male 1 were found in the backyard of a home on Alrix Drive, reports state. The serial numbers on the pistol had been scratched off, a common sign the weapon may have been stolen. Olofson, who had been conducting an investigation for Briggs Corp. Solutions, was not injured. A check by police of area hospitals did not find any reports of patients treated for gunshot wounds."


Alabama: Murder charge dropped in case of self defense: "Prosecutors have dropped a murder charge against Frederick Espy II because of a lack of evidence. Espy, 25, has claimed he was defending himself when he shot Joseph Thomas Burton on April 3, 2005, at the Club Oasis on Plummer Road. The shooting occurred about 3:30 a.m. at the nightclub. Witnesses told deputies Burton was near the door of the club where Espy, then an engineering student at UAH, was handing out fraternity flyers. Espy and Burton began to argue after Espy made a lewd remark about Burton's girlfriend, a witness told the officers. The two men got into Espy's car where they argued and Burton assaulted Espy, according to Robert Tuten, Espy's lawyer. Espy reached behind the seat, pulled out a .40-caliber pistol and shot Burton, he said. A grand jury indicted Espy on the charge of murder in May 2006. "This is one of the best examples of self defense, I've ever seen," Tuten said. A person has a right to defend himself against an assailant who attacks him in the front seat of his car, he said."