Wednesday, April 22, 2009



DC's Gun Right Now Apply To Western States

The landmark Heller decision that permitted DC residents to have guns in limited capacities inside their own homes has now been extended to the Ninth Circuit, which covers most western states. The court found that the Fourteenth Amendment -- which extends most of the protections in the Bill of Rights from the federal to the state level -- also applies to the second Amendment. From Ilya Shapiro on the Cato Institute's blog:
In short, residents of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington now join D.C. residents in having their Second Amendment rights protected. And courts covering other parts of the country — most immediately the Seventh Circuit, based in Chicago — will have their chance to make the same interpretation in due course.

Shapiro highlights a footnote by Ninth Circuit Judge Diarmuid O’Scannlain, which could have significant implications for the way the Second Amendment it viewed in future rulings.
Some may disagree with the decision of the Founders to enshrine a given right in the Constitution. If so, then the people can amend the document. But such amendments are not for the courts to ordain.


Source




Georgia: Pizza robber shot: "An 18-year-old was shot after investigators say he tried to rob a pizza deliveryman at an empty house. A delivery in Augusta turned into a crime scene Sunday for Papa Johns Driver Tavarius Lewis. When he tried to deliver a pizza to this house on Dent Street Sunday night, investigators say Kevin Martin pulled a BB gun and tried to rob Lewis. "[Lewis] started backing up, reached in his pocket and pulled out a .40 caliber handgun and shot the suspect," said Sgt. Blaise Dresser, of the Richmond County Sheriff's Office. Dresser says Lewis shot in self-defense, not realizing Martin's weapon was only a BB gun. Investigators believe this was not Martin's first robbery. The suspect, Martin, is expected to make a full recovery. He is facing charges of armed robbery. The driver, Lewis, is on paid leave from Papa Johns while the sheriff's office investigates. Papa Johns has a policy that says no workers can carry concealed weapons, either on them or in their car."


PA: Gun rights proponents hold rally at Capitol: “Hundreds of gun rights supporters assembled in the state Capitol for a noisy Second Amendment rally that’s become an annual tradition. The Tuesday rally focused on constitutional protections for gun ownership in the state and national constitutions and what several speakers described as threats to those rights. The crowd booed heartily at the mention of a proposal backed by Gov. Ed Rendell to limit handgun purchases to one per month. National Rifle Association president John Sigler is warning that ‘the enemies of freedom are not giving up’ and that too few gun owners understand that their rights are at risk.”


WI: Carrying firearm not grounds for disorderly conduct: “Wisconsin citizens are legally allowed to carry firearms openly, Attorney General J.B. Van Hollen said in a memo to the state’s district attorneys Monday… according to Van Hollen, there is nothing in state law regarding citizens who openly carry weapons.’The Department (of Justice) believes that mere open carry of a firearm — absent additional facts and circumstances — should not result in a disorderly conduct charge,’ Van Hollen wrote. …Van Hollen did say, however, that the police may stop and question citizens who openly carry weapons if the officer has ‘reasonable suspicion based on articulable facts of criminal activity,’ based on the individual circumstance.”

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