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DC/Heller Ruling Leaves Nation Polarized
by Dave Workman, Senior Editor
In the beginning, it was the Supreme Court's 5-4 ideological split that defined the Second Amendment as protective of an individual right to keep and bear arms regardless of affiliation with a militia.
But the historic ruling, written by Justice Antonin Scalia, quickly divided a nation, and in the aftermath there did not seem to be much middle ground. The evidence was clear, in the hysteria-steeped reaction by anti-gunners including Washington, DC, Mayor Adrian Fenty, California Sen. Dianne Feinstein, and Chicago Mayor Richard Daley, contrasting sharply with the victory remarks from gun rights leaders and activists, including Wayne LaPierre, executive vice president of the National Rifle Association, and Alan Gottlieb, founder of the Second Amendment Foundation.
Perhaps Daley's outlook was glum because less than an hour after the high court announced its ruling, SAF and the Illinois State Rifle Association filed a federal lawsuit against Daley and the city of Chicago over the handgun ban there (see related story).
"This is a great moment in American history," LaPierre said. "It vindicates individual Americans all over this country who have always known that this is their freedom worth protecting.""Wisdom and truth have triumphed over hysteria and falsehood," Gottlieb added. "This decision makes it clear that a right 'of the people' is a right enjoyed by, and affirmed for, all citizens. It destroys a cornerstone of anti-gun rights elitism, which has fostered through years of deceit and political demagoguery the erosion of this important civil right."
Scalia's majority opinion brought to an end decades of dispute over the meaning of the Second Amendment. The high court ruled that the amendment "protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."
The opinion, supported by Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito and Anthony M. Kennedy, left the door open to regulation of the right, noting that "like most rights, the Second Amendment right is not unlimited."
"The court's opinion," Scalia wrote, "should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."
The ruling also demolished the argument long advanced by anti-gunners that the 1939 Miller case (See Hindsight column in the July 1 issue of Gun Week) relegated the right to bear arms as being conditional to militia service.
But Scalia's majority opinion also castigated the arguments offered in the two dissenting opinions authored by liberal Justices John Paul Stevens and Steven G. Breyer, who were joined by David Souter and Ruth Bader Ginsburg. In Stevens' case, the majority opinion suggested that the argument put forth in his dissent that the Second Amendment's right to bear arms would "cause the protected right to consist of the right to be a soldier or to wage war"
amounted to "an absurdity that no commentator has ever endorsed."
The majority also stated that Stevens' arguments, based on his reading of the drafting history of the amendment, indicate that Stevens "flatly misreads the historical record."
Scalia also wrote that "Justice Breyer's assertion that individual self-defense is merely a 'subsidiary interest' of the right to keep and bear arms...is profoundly mistaken."
Scalia's opinion castigates dissenting minority rulings
Stevens lamented in his dissenting opinon that "I fear the District's policy choice (the gun ban) may well be just the first of an unknown number of dominoes to be knocked off the table" by the majority opinion. He argued that the majority opinion upholding an individual right interpretation amounted to "the announcement of a new constitutional right to own and use firearms for private purposes..."
Breyer contended that gun violence in modern-day America had created an environment in which handguns contributed to the problem. He stated that "there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas."
But Scalia countered in the finale paragraph of his majority opinion that, "We are aware of the problem
of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgun ownership is a solution...But the enshrinement of constitutional rights necessarily takes certain policy choices off the table.
"Undoubtedly," he continued, "some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct."
The ruling ignited a firestorm, with supporters of the ban complaining that it will lead to increased violence in Washington, DC, and across the nation.
Polls run by several news organizations found an overwhelming majority of on-line respondents supported the individual rights ruling That did not
stop the invective from spilling over on several newspaper forums It reached a fever pitch with the traditionally antigun Chicago Tribune calling for a repeal of the Second Amendment in an editorial the following day.
Within hours of the ruling, the Brady Campaign to Prevent Gun Violence was out with a fund-raising plea that declared, "The Heller decision will no doubt embolden ideological extremists to file new legal attacks on existing gun laws. But with the help of the Brady Center's legal team, those attacks can, and must, be successfully resisted in the interest of public safety."
They were attempting to raise $50,000 by June 30, and it was not clear whether they met that goal.
"We disagree with the Court's decision giving individuals a right to possess guns for private purpose," the news release stated. "However, what is critically important is that all nine Justices agreed that a wide variety of gun laws are constitutional, including restrictions on carrying concealed weapons, guns in schools and other sensitive places, and bans on 'dangerous and unusual' weapons."
An anti-gun forum called "The Gun Guys" called the ruling a "misguided decision" that will lead to an increase in violent crime. They have an archive of stories about shooting victims called "America's Shooting Gallery."
"We only wish that the justices of the Supreme Court could have first looked at an archive similar to ours to see the devastation of guns in America," the website stated. "Maybe, the discussion and subsequent ruling from the Court would have had a different outcome."
But LaPierre disagreed with that assessment.
"Our founding fathers wrote and intended the Second Amendment to be an individual right," he said. "The Supreme Court has now acknowledged it. The Second Amendment as an individual right now becomes a real permanent part of American Constitutional law." The New GUN WEEK, July 1, 2008
HB 1845 Advances in Senate Judiciary Committee
This past Tuesday, June 10, the Pennsylvania Senate Judiciary committee considered house Bill 1845 along with several amendments. This is the bill that came from the house wherein gunowners defeated the concept of mandatory reporting of lost or stolen firearms as offered by Representative Levdansky. In the house a series of amendments were offered in addition to Representative Levdansky's amendment that corrected a number of laws of Pennsylvania law. Some of the corrections included in this bill are that Pennsylvania citizens will be allowed to carry a concealed firearm in state parks, prohibits gun confiscations during an emergency like what occurred down in Louisiana during the Katrina storm, and provides for an emergency concealed carry permit for domestic abuse victims.
Through a series of meetings with Senators over the past month the Allegheny County Sportsmen's League legislative committee was able to explain and reinforce why these changes were necessary. Senator Jane Orie was of particular help in this area! The Pennsylvania coalition against domestic violence otherwise known as PCADV has been lobbying for months in opposition to the emergency concealed carry permit for victims of domestic abuse. The PCADV has repeatedly tried to impart the notion that citizens cannot defend themselves with firearms, especially women, by using discredited and biased studies, like the tired Kellerman Study, that have been rebuked by peer review throughout academia.
While some in the Senate wanted to remove Metcalfe's amendment that provided for emergency concealed carry permit for victims of domestic abuse we stood fast in support of this concept. We confronted everything the PCADV threw at us with fact and reason and on June 10 we were rewarded by the Senate Judiciary Committee rejecting the attempt to remove the Metcalfe amendment from this legislation. This bill now moves to the Appropriations Committee and then will go directly to the floor for a full Senate vote.
The Senate Judiciary Members who voted PRO-GUN are:
Senator Boscola Senator Stout Senator Browne Senator Earll Senator Gordner Senator Orie
Senator Piccola Senator Rafferty
Senator Scarnati Senator White
The Senate Judiciary Committee Members who voted AGAINST Gun Owners are:
Senator Greenleaf Senator Costa
Senator Fontana Senator Stack
Breaking news:
The incident in Dickson city where gun owners were accosted police officers acting outside the law where their firearms were seized and one citizen was actually arrested for simply exercising their rights as resulted in a federal civil rights lawsuit being filed.
It is important to note that no charges were filed and that all of this action was promulgated by one citizen calling the police acting on a prejudice against seeing firearms in thinking that someone was going to do something wrong. Instead of the police acting appropriately in informing the citizen that this was legal they chose the path of confrontation and denial of civil liberties in contravention of the law. This is not the first time for the Dickson city police department to be involved in something like this but it just may be a defining moment for their actions to come to the attention of the public and the courts. The Dickson city police department and the officers involved in this lawsuit not only violated civil rights but they broke Pennsylvania crime law which cannot be condoned in any fashion or for any reason.
More to come as developments occur!
Philadelphia Legislators Attack Gun Owners Once More.
On Tuesday, May 6th, Anti-Gun State Senators from the Philadelphia area attempted to hijack SB 1250 for their continuing agenda of destroying the rights of law abiding citizens in Pennsylvania to own firearms by offering 18 pages of gun control to this legislation.
These amendments ranged from controls on the sale of firearms to even the number and type of firearms that could even be possessed
While this legislation was tabled the amendments will continue to be saved for more action by those bent on excusing the actions of criminals and putting the blame on you and I. We will have these available for your review and comment.
Our thanks go out to Senator Regola and his Chief of Staff, Tom
Howa, for bringing this to our attention as quickly as possible.
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TO ELIMINATE MOSQUITOES AT HOME:
DUMP IT, DRAIN IT, TREAT IT
After discovering the first positive mosquito sample of the year in neighboring Luzerne County, the Department of Environmental Protection and representatives of Lackawanna County’s West Nile program today reminded area residents of simple steps they can take to control mosquitoes in their own yards—an important effort in combating the spread of the West Nile virus.
“DEP and local coordinators are working to keep mosquito populations under control, but residents can also play a big role in managing these insects,” said DEP Northeast Regional Director Michael Bedrin. “Remember: dump it if it has water in it; drain it if it can be drained; and treat it if it has standing water.
“These are easy measures that everyone can take in their own back yards to help protect themselves and their family from the West Nile virus.”
DEP staff and Lackawanna County West Nile Coordinator Mike Chisdock were on hand today at McDade Park to show how homeowners can eliminate standing water.
DEP offers the following tips to eliminate mosquito-breeding sites around the home:
• Identify and eliminate standing water that collects on your property. Mosquitoes will breed in any puddle that lasts for more than four days.
• Dispose of tin cans, plastic containers, ceramic pots or similar water holding containers, including those that have become overgrown by aquatic vegetation.
• Empty water that may accumulate in discarded tires.
• Drill holes in the bottom of recycling containers that are left outside.
• Have clogged roof gutters cleaned annually, particularly if the leaves from surrounding trees tend to block the drains.
• Turn over plastic wading pools when not in use.
• Turn over wheelbarrows and do not allow water to stagnate in birdbaths.
• Aerate ornamental pools or stock them with fish.
• Keep swimming pools clean and chlorinated, and prevent water from collecting on swimming pool covers.
DEP and county West Nile coordinators monitor the type, location and population of immature (larvae and pupae) and adult mosquitoes. This information is then used to treat those areas where high populations of mosquitoes that are known West Nile carriers are found.
Pennsylvania’s aggressive approach has contributed to a drop in the number of human West Nile virus cases. The West Nile virus can cause West Nile fever and encephalitis—an infection that can cause inflammation of the brain and death—when transmitted to people.
Last year, the West Nile virus was found in 25 Pennsylvania counties. Ten state residents contracted the virus, but no deaths were reported. In 2006, two of the nine Pennsylvanians who contracted West Nile virus died and in 2005, 25 residents contracted the disease, with no deaths attributed to the virus.
Most people bitten by an infected mosquito will never develop any symptoms, and only one in 150 with symptoms will develop the more serious West Nile encephalitis.
Because mosquitoes acquire the virus from infected birds, residents are reminded to report dead crows, blue jays and hawks. Residents who discover dead birds and would like to submit them for testing should call the local West Nile county coordinator.
When handling dead birds, use rubber gloves. If you do not have gloves, insert your hand into a plastic bag, grasp the bird carefully and invert the bag over the bird. Each bird should be placed in a tied plastic bag and then placed inside a second tied bag.
If you are not submitting the bird for testing, place the bagged bird in the trash. Wash your hands with soap and water.
For more information about West Nile virus, and register for updates via e-mail, visit www.westnile.state.pa.us. People can also call 1-877-PA-HEALTH for information.
Source: PA DEP
DEP SECRETARY REMINDS PENNSYLVANIANS TO STAY OUT OF MINES, QUARRIES
‘Stay Out – Stay Alive’ Program Highlights Dangers of Active, Abandoned Mines
The idle equipment, steep cliffs, serene pools of water, and mysterious shaft openings of active and abandoned mines can be alluring for adventure seekers, but many times are deadly, according to Department of Environmental Protection Secretary Kathleen A. McGinty.
The secretary visited an abandoned strip mine in Joffre today that is less than 10 feet from the Pan Handle Trail—a popular recreation spot in the community—to warn residents to stay out of mines, quarries and abandoned mine lands because of the many dangers these sites can hold.
“There are thousands of abandoned sites just like this across Pennsylvania with steep cliffs, hidden underground mine openings and dangerous water bodies,” said McGinty. “Mines are not safe places for swimming, exploring or off-road riding. When you venture into these sites, you put your life and the lives of emergency personnel who conduct the search and rescue operations at risk.”
McGinty’s remarks kicked off the 2008 “Stay Out - Stay Alive” campaign to warn people about the dangers of trespassing in mines and quarries.
Since 2000, 31 people have died trespassing in mines and quarries in 19 Pennsylvania counties. The U.S. Mine Safety and Heath Administration (MSHA) reports that 249 people have died nationally during that same period.
To combat this problem, DEP has partnered with MSHA, other mining states and the mining industry to promote the Stay Out - Stay Alive program.
“Pennsylvania has been blessed with great mineral resources, and mining has been a cornerstone of our economy for more than 200 years, but the unregulated mining practices of the past have left us with one-quarter million acres of dangerous and deadly mine lands,” said McGinty. “Every year we hear of more tragic accidents: swimmers drowning in abandoned water-filled pits where water temperatures drop dramatically just below the surface; people entering abandoned mines or dilapidated structures and getting lost or trapped; and all-terrain vehicle riders breaking through brush on the crest of an old mine site and rolling down a hillside.
“Be safe this summer. Mines and quarries are not playgrounds; they can kill you. Stay out and stay alive.”
DEP recently began airing 30-second radio and television messages across the state as part the campaign to underscore the dangers of abandoned mine sites and quarries. The department conducts educational programs for community groups and distributes Stay Out - Stay Alive information to those receiving hunting and fishing licenses through the Pennsylvania Game Commission and the Fish and Boat Commission. The Department of Conservation and Natural Resources also distributes Stay Out – Stay Alive information with all off-road vehicle and snowmobile registrations and to users of state parks and forests. Additionally, DEP works with state and local police and emergency responders to identify and limit access to dangerous sites. Pennsylvania has the largest abandoned mine lands problem in the country. Approximately 1 million Pennsylvanians live within one mile of a dangerous abandoned mine, while active mining operations are found in all but one of Pennsylvania’s 67 counties.
Since 2003, Governor Edward G. Rendell has committed more than $145 million to 240 abandoned mine reclamation projects across Pennsylvania, turning more than 6,100 acres of dangerous wasteland into opportunities for economic growth and improved quality of life.
The $625 million Growing Greener II initiative allocates $60 million to clean up rivers and streams affected by abandoned acid mine drainage and reclaim dangerous sites.
Governor Rendell was instrumental in persuading Congress to reauthorize the Abandoned Mine Lands Fund for another 15 years. The federal program, which is funded by a tax on modern mining activities, will direct $27.6 million to Pennsylvania during 2008 to reclaim abandoned coal mines.
For more information on abandoned mine reclamation, or to view the public service announcement, visit www.depweb.state.pa.us, keyword: Stay Out Stay Alive. ###
Source: PA DEP