Critical Second Amendment Ruling

From the National Rifle Association comes this article:  Critical Second Amendment Ruling--Federal Court Defends Right to Keep and Bear Arms

The United States District Court for the Northern District of Illinois ruled this week that it is unconstitutional for Chicago to treat people with non-violent misdemeanor convictions the same as convicted felons.

The NRA-supported case, Gowder v. Chicago, involves plaintiff Shawn Gowder, who was convicted as a first-time offender for mere possession of a firearm in violation of Illinois law in 1995. His misdemeanor record did not block him from getting a state Firearm Owner's Identification card, so he could still legally possess a gun in Illinois. Nonetheless, when Mr. Gowder, who lives in a high crime area of Chicago, began the process to legally acquire a handgun to keep in his home for self-defense (a process required following the McDonald decision), the Chicago police denied his application.

Mr. Gowder sued the city, maintaining that Chicago's law banning non-violent misdemeanants from possessing guns in their homes for self-defense is unconstitutionally vague, and that it violates the Second Amendment. "This ruling sends a powerful message that the Second Amendment cannot be eliminated by a city ordinance," said NRA-ILA Executive Director Chris W. Cox. "This ruling, in its defense of the Second Amendment and its call for clarity on this issue, shines a light on the long-running efforts of the City of Chicago to deny residents the right to keep firearms for self-defense. This ruling is a victory for the people of Chicago and for gun owners everywhere."

Federal District Judge Samuel Der-Yeghiayan found the city's ordinance unconstitutionally vague because it "does not provide a person of ordinary intelligence a reasonable opportunity to know what is prohibited." That's because the ordinance denies permits to persons convicted of "unlawful use of a weapon." But, while Mr. Gowder was convicted under a state law that refers to "unlawful use of a weapon," that law also applies to people who merely possess firearms.

The court also agreed with Mr. Gowder's Second Amendment challenge, finding there was no evidence that Mr. Gowder is "a risky person or embodies the type of violent citizen" not entitled to exercise the right to arms. And, as the court pointed out, non-violent misdemeanants were not historically prohibited from possessing guns, either in 1791 when the Second Amendment was passed, or in 1868 when the Fourteenth Amendment applied the Second Amendment to the states. In a thorough and scholarly analysis, the court made clear that it would reach this same conclusion under any standard of review that might be applied; however, the court rejected an intermediate level of scrutiny for infringements on the core Second Amendment right, holding that those should be subject to the highest level of review.

Other provisions of Chicago's ordinance remain under scrutiny in the NRA-supported case of Benson v. City of Chicago, which is now pending before a different judge in the same court.

"Molon Labe" - "Come and Get Them" has become a motto for law abiding gunowners who would die than give up their guns. For the Molon Labe shirt showing the picture at top, and other Patriot wear, go to http://www.gadsenandculpeper.com

Another NRA Victory

Seventh Circuit Court of Appeals Holds NRA Entitled to Attorneys’ Fees in Lawsuits Against Chicago and Oak Park, Illinois

On Thursday 2 June 2011, the U.S. Seventh Circuit Court of Appeals conclusively and forcefully held, without need for oral argument, that the National Rifle Association has the right to recover attorneys’ fees in its lawsuits against the city of Chicago's and the village of Oak Park’s unconstitutional gun bans. The court held that the NRA was a prevailing party in the case of National Rifle Association v. City of Chicago and Village of Oak Park.

“This is a Second Amendment victory and a civil rights victory. The National Rifle Association and the Second Amendment prevailed against those who sought to deny the right to keep and bear arms in Chicago and Oak Park,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “The attempt to avoid paying the NRA’s attorneys’ fees was rightly found to be unjust by the Court."

After the U.S. Supreme Court ruled that the Second Amendment guarantees a fundamental right to keep and bear arms for all Americans in the historic McDonald v. Chicago and NRA v. Chicago and Oak Park cases, it remanded them for the purpose of issuing an injunction against Chicago and Oak Park's unconstitutional gun ordinances. Before that injunction was issued, however, those ordinances were repealed. The City and the Village then argued that the NRA was not a prevailing party and should not be allowed to recover attorneys’ fees. The District Court, which originally ruled against the NRA, agreed and denied the fee award.

Today’s Seventh Circuit decision overturns that ruling, holding instead that the NRA is indeed a prevailing party and is entitled to receive reimbursement for attorneys’ fees. The amount to be recovered will be established by the District Court.

“This is a major victory for the NRA. While we are grateful to recover our attorneys’ fees, however, we remain steadfast in our belief that Chicago and Oak Park continue to circumvent the law of the land and deny their law-abiding residents the Second Amendment freedoms protected by the Constitution. We will continue to fight those efforts until the Second Amendment is fully respected," concluded Cox.

About the NRA

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

http://home.nra.org/classic.aspx

Gov Christie Corrects a Travest y of Justice

N.J. Governor Chris Christie Commutes Gun Owner’s Prison Sentence

NRA Hails Decision, Calls for Real Reform

Fairfax, Va. –The National Rifle Association praised New Jersey Governor Chris Christie for commuting the prison sentence of Brian Aitken—a gun owner who was arrested, convicted and imprisoned for illegal possession of firearms, even though he had made every effort to comply with New Jersey’s restrictive and confusing laws. The NRA Civil Rights Defense Fund supported Mr. Aitken’s case.

“On behalf of the 4 million members of the National Rifle Association of America, I would like to thank Governor Christie for freeing Brian Aitken in time to spend the holiday with his family,” said Chris W. Cox, executive director of the NRA Institute for Legislative Action.

Mr. Aitken was convicted last year of illegal possession of firearms, following a trial in which the judge refused to let the jury hear about exceptions in the law that allow possession of firearms without a license, while moving to a new residence. Mr. Aitken was sentenced to a seven-year prison term even though he had lawfully purchased and owned the firearms.

“While Governor Christie’s grant of clemency was absolutely the right thing to do, Brian Aitken’s case is just one example of how New Jersey's ridiculous gun laws turn law-abiding gun owners into criminals,” added Cox. “There is a serious need to reform New Jersey’s gun laws so that the full weight of the state’s law enforcement and legal system falls squarely on the shoulders of criminals, not on people like Brian Aitken.”

We have to be constantly vigilant on measures by the left to take away not only gun rights but other rights granted by the Constitution. Keep on your Legislators!

NRA Election Re-Cap

The National Rifle Association was highly successful in their support for pro 2nd Amendment legislators up for election/re-election last week. These efforts and the results of a much more pro-2nd Amendment Congress make supporters of the U.S. Constitution sleep much better at night. Consider joining the NRA to add your voice to the millions already supporting the basic Constitutional right of firearms ownership.

Election Re-Cap from the NRA:

Election Day 2010 was a great day for the Second Amendment and National Rifle Association (NRA) members, and positions us well for our future defense, and advancement, of the Second Amendment! The most important fact about Tuesday's elections for gun owners is how many more pro-gun lawmakers we will have in the next legislative session and how many fewer anti-gun lawmakers there will be. Here are some highlights from Tuesday's contests:

U.S. Senate

19 of NRA-Political Victory Fund (PVF) 25 endorsed U.S. Senate candidates won. This marks a pro-gun upgrade of eight Senate seats.

In the 111th Congress, there were 43 A-rated and 34 F-rated Senators. The 112th Congress will contain 50 A-rated (+7) and 33 F-rated Senators (-1).

There will be 12 pro-gun Senate freshmen.

U.S. House

Of the 262 candidates endorsed by the NRA-PVF for the U.S. House, 225 were victorious, for an 85% winning percentage. In every case but one where an NRA-PVF endorsed candidate lost, a pro-gun challenger replaced him.

In the 111th Congress, there were 226 A-rated and 151 F-rated Representatives. The 112th Congress will contain 258 A-rated (+32) and 133 F-rated (-18) Members.

There were pro-gun election upgrades in 27 House districts.

Note: As of today, 9 races remain too close to call.

Gubernatorial & State Legislatures

Of the 21 gubernatorial candidates endorsed by the NRA-PVF, 15 were victorious. (Note: Two races remain too close to call.)

We made major gains in state legislative races, which will position us well in the upcoming legislative sessions next year.

The NRA wants to thank the tens of millions of gun owners who actively volunteered for pro-gun candidates and who Voted Freedom First on November 2nd!

NRA's Right To Hunt And Fish Amendments Adopted In Three States: Voters in Tennessee, Arkansas, and South Carolina made a powerful statement on Tuesday by overwhelmingly voting to include National Rifle Association-backed constitutional amendments to protect America's great, ages-old heritage of hunting and fishing as state constitutional rights.