Brady brief in McDonald v. Chicago

I just finished a quick reading of the Brady brief in McDonald v. Chicago. The short answer as to the question, “What are they up to?” is:

This Court should conclude that regulations of firearms are not subject to strict scrutiny, but instead are subject to a deferential, reasonableness standard of review.

They have apparently concluded McDonald et. al. will win and are trying to minimize the damage to their goals.

What I find most interesting is this:

The policy implications of such a ruling could be devastating, given the demonstrated success of reasonable state and federal gun laws in reducing the use of guns in crime and saving lives. Reasonable gun laws such as licensing for gun dealers and owners, registration, background checks, and safe storage laws have been associated with reduced risk of gun deaths and criminal access to guns.

Contrast that with this:

I am not arguing here that higher rates of gun ownership cause higher rates of crime, violent crime, or homicide. Such causation is difficult to show because so many other factors bear on the incidence of crime. For instance, simple cross-national comparisons of gun availability and crime do not control for the degree to which various countries impose legal restrictions on firearms. It also is difficult to sort out whether high levels of gun ownership lead to high crime rates or whether high crime rates lead to high levels of gun ownership.

Dennis A. Henigan
Vice President for Law and Policy at the Brady Center to Prevent Gun Violence and Founder of its Legal Action Project.
Lethal Logic: Exploding the Myths That Paralyze American Gun Policy, page 107.

On one hand the Brady Campaign claims the thousands of restrictions on gun ownership have “demonstrated success” but they also claim they don’t, or perhaps can’t, know if high gun ownership rates cause crime. And of course their “demonstrated success” stories are highly contested. Even the CDC says, “Evidence was insufficient to determine the effectiveness of any of these laws.”

As usual, it’s half truths that give them traction.

Update: Sebastian points out more half-truths that are far more substantive than my find.

Dr. Strangelove is alive!

As Sebastian reported yesterday it appears we may have another major attack on our gun rights coming up. I’m of the opinion our allies in D.C. should suggest amendments to the bill to include terrorist list checks before people are allowed to become members of a religion, or maybe in a different political climate before being allowed to not have a religion. And of course, since ideas are more powerful than guns they should take the advice of Joseph Stalin and check their lists before allowing people to express their ideas as well. 

Given that Stalin and the former Soviet Union are now drawn into this I can point out that Dr. Strangelove is apparently alive and is now contributing to the war on the other side. The enemies of freedom are now claiming the U.S. government needs to Close the Terror Gap.

I think Strangelove’s “mine shaft gap” made more sense.

Nice headline

I think I detect a hint of bigotry in this headline, “Second Amendment Brief Filed by Bellevue Gun Nuts“.

What if the headline had been, “Bus Boycott started by Montgomery ni**ers“?

Supreme Court Brief in McDonald v. Chicago filed today

Brief is here. News release is here. Via blog post at Chicago Gun Case.

We are on a train to victory here.

Ohio is considering Firearms Freedom Act

Montana and Tennessee passed it. Ohio is now considering it:

Reps. Seth Morgan, R-Huber Heights, and Jarrod Martin, R-Beavercreek, have introduced legislation that would allow for firearms made and sold within Ohio to be exempt from federal firearms regulations.

Morgan said that House Bill 315 is mainly a preemptive effort to protect the state in the event President Barack Obama’s administration tries to push any new federal regulations.

My opinion is here.

More on the Practical Application of Principles

It’s time to restate this.  I posted it last year, and I wonder if anyone really “got it”.  It cannot be overstated.  Reading Joe’s recent post about the open carry debate among the pro gun rights camp reminded me of it, once again.  That debate can be said to be between people with the same basic principles.  We’ll see how Rand’s “rules of engagement” as I call them, apply.  Last year I noted;

In the essay, Rand defines three rules “…about the working of principles in practice and about the relationship of principles to goals.” 

Wait.  What?  “the working of principles in practice”?  What’s that?  “The relationship of principles to goals”?  Sounds pretty juicy if there’s anything to it.  Well, there is.

 Leaving out her extensive lead-in:

1. In any conflict between two men (or two groups) who hold the same basic principles, it is the more consistent one who wins.

Open carry verses keeping it hidden so as not to scare or offend anyone.  Which position is more consistent with the basic principles of RKBA?

2. In any collaboration between two men (or two groups) who hold different basic principles, it is the more evil or irrational one who wins.

It applies to any situation, but the idea of government “taking care of” the American people, shared by Republicans and Democrats, comes to mind.  Democrats win here.  Every time.  Republicans will never understand this.  It’s not in their DNA to understand this rule.  It’s in their DNA to deny it.  The NRA had a similar problem about 15 years ago, but they seem to be getting over it, like getting over a very long-lasting flu.  You cannot collaborate with someone who holds different basic principles and expect a nice outcome.  It’s better to do your own thing, unless you want to be the more evil and irrational one.

3. When opposite basic principles are clearly and openly defined, it works to the advantage of the rational side;

Gun control debate.  Practicing rule 3, without fully understanding it, is the one and only source of our recent successes.  Understand it, Little Grasshopper, and you will go far.  Some of us think that we’ve been trying to appear rational as a selling point, or trying to get the opposition to think that we aren’t bad people after all, but it is by simply being rational, and by being rational in a public way, and sometimes in an in-your-face way, that we win.  There’s a fine distinction here, but a very important one.  Selling ourselves as people is what Republicans do.  That argument says, “I’m a nice, decent person, so you should agree with me.”  Blech.  Selling our ideas, on their own merits, and damn the torpedoes because we know we’re right and we can prove it, we know our opposition is wrong, disastrously wrong, and we can prove that, is what rational people do.

when they (principles) are not clearly defined, but are hidden or evaded, it works to the advantage of the irrational side.

Taking RKBA in light of that last bit; hiding your (our) position (that guns in public are a good thing) or evading it, tends to work in favor of the irrational side (gun restrictions).  We’re trying to coddle those who are wrong, trying to sell ourselves in a way tailored so as to appeal to their stupidity and bad behavior.  In so doing we lend them an appearance of credibility or legitimacy that they do not deserve.  Like it or not, that’s how it works.  We have to understand that there are some people who have no credibility, have no legitimacy and deserve no accommodation (anti gunners in this case, or people who are offended or “scared” by visible guns [I think most or all of the “fear” is a cheap act perpetrated for maximum drama]) and we have to be ready to point out why.

I believe there are enough examples in most people’s day-to-day lives that these basic axioms, Rand’s rules of engagement, will be seen as not only valid but very useful once you look at things with them in mind.  Working with institutions installing and troublshooting PA systems (I have an appointment tomorrow) I’ve run into all these situations.  They’re political events as much as anything else.

I remember when

Back in the 1990’s the NRA couldn’t pay to get ads in many major publications. The ads would not be accepted even when offering to pay above the existing ad rates (and most ads are discounted from the published rates). Just like a black person trying to eat a meal at a whites only restaurant in the deep south fifty years ago–their money wasn’t any good with the bigots in control.

New York, with it’s extremely repressive gun laws, is the home of much of the U.S. print media and hence management had an inherent bias against gun ownership. But it appears times are changing:

I wonder how much of it is because the print media is a lot hungrier now or if it is because of the Heller decision and the fact that guns are more accepted now.

Knife rights victory

Via a Tweet from Sebastian I discovered Knife Rights just announced an important victory:

WE STOPPED CUSTOMS Pocket Knife Grab! The Senate has passed the conference report for the fiscal year 2010 Homeland Security Appropriations Bill with our amendment to the Federal Switchblade Act intact. The bill will now be sent to the President for signature. There is no indication that he would veto the bill.

This is the culmination of an incredible effort on the part of Knife Rights, American Knife and Tool Institute, NRA, Congressional Sportsmen’s Foundation, Citizens Committee for the Right to Keep and Bear Arms and many other organizations who contributed. Each organization made key contributions to the effort, without which the end result might not have turned out so well. Not many folks gave us much hope of succeeding when Customs first proposed revoking their rulings and redefining what is a switchblade back in May. At a time when bipartisanship is rare as hen’s teeth in Washington, we garnered support from both sides of the aisle.

We succeeded because the coalition of groups that came together to fight Customs represented a broad swath of American industry and grassroots. We succeeded in large part because of YOUR contributions, letters and calls in support of our efforts. You can give yourself a pat on the back for your effort and a job well done against all odds. It is time to pop the cork on that bottle of champagne and celebrate a victory for your knife rights and for all America.

To help you celebrate and commemorate this incredible victory, please purchase one of our collectible “WE STOPPED Customs Pocket Knife Grab” coffee mugs, t-shirts or sweatshirts, available for a limited time only: www.cafepress.com/KnifeRights Proceeds will help pay off the incredibly high cost of accomplishing this victory.

Knife Rights has quickly grown to become America’s largest grassroots knife owners organization. This latest fight against Customs Pocket Knife Grab has validated the power and importance of a dedicated grass roots organization in defending your knife rights. Now we have to finish paying pay for this effort. It took a great deal of money to accomplish all this. Carrying a fight like this to Washington cannot be done without lots of cash. The victory isn’t complete until we pay the bills. PLEASE CLICK HERE TO DONATE TO SUPPORT THIS SUCCESSFUL FIGHT FOR YOUR KNIFE RIGHTS!

Also of interest on that same page:

Knife Rights News Slice Vol. 2 Number 19 – October 13, 2009

Knife Rights Changing Perceptions

Ritter (left), Gottleib (right)The weekend before last I was invited to speak at the annual Gun Rights Policy Conference put on by the Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms. While I was there, I took the opportunity at their annual awards luncheon to make a special presentation to CCRKBA President, Alan Gottleib.

When this issue with Customs first reared its ugly head, Alan and the Citizens Committee were the first to step up in support of our efforts to achieve a legislative solution when it became clear that nothing else would work. CCRKBA helped to the tune of $30,000. Lest you think that covered all the expenses, let me assure you that it DID NOT, but it was a HUGE help. Alan also offered his wise counsel at critical junctures. In recognition of this major commitment, I was very pleased to present Alan with a custom Mini Eros Gentleman’s Tactical Folder generously donated by renowned knifemaker, and Knife Rights Cornerstone member, Ken Onion.

My remarks later in the day, which focused on the fact that the Second Amendment doesn’t say “firearms,” it says “arms,” apparently struck a chord with the nearly 700 participants. When it came time for resolutions, which guide the two organizations in terms of policy, my points were reflected in a historic change to one recurring resolution and the introduction and acceptance of a second.

The “Farmer” resolution was originally passed at the first GRPC twenty four years ago. This year it was amended to say that “an attack on any class of arms is an attack on all classes of arms,” in recognition that knives, as well as other arms, are due equal protection. This represents something of a watershed event for Second Amendment policy which heretofore has focused almost exclusively on firearms.

Jeff Knox of The Firearms Coalition was inspired to introduce a new resolution, which was adopted, that reads, “Whereas: The banning of any personal tool or weapon has never resulted in increased public safety,…We support the repeal of the Federal Switchblade Act and any other federal, state or local laws and regulations banning tools and weapons rather than addressing behavior.” Jeff’s heart is in the right place, we all know the Federal Switchblade Act was simply political theater and a sham, but the reality is that after 50 years as law of the land a legislative solution eliminating it is unlikely. However, it’s the thought that counts and it once again is indicative of a historic change in attitude. Jeff’s resolution is a strong statement of support for the concept that tools and weapons should not be blamed for social ills or criminal behavior and neither should they be regulated or banned for those reasons.

You can read the complete text of the two resolutions at: www.KnifeRights.org/grpc2009resolutions.pdf

Notice that The Second Amendment Foundation donated $30K as well as advice? I’m doubling my twice monthly paycheck deduction (matched by Microsoft) to SAF.

Also notice that Jeff Knox introduced a resolution similar to Just One Question? Although Jeff is aware of Just One Question his dad had something similar before I came up with it.

Why aren’t they screaming about this illegal act?

So even though I don’t pay much attention to them it was hard to avoid hearing about “the criminals in the White house” and all the “criminal acts” and the charges of treason against the Bush administration. But what I don’t get is why I don’t hear anything about Seattle Mayor Greg Nickels when he does stuff like this:

A new city of Seattle gun ban takes effect this week – prohibiting firearms in places like city parks and community centers.

But the law is already generating controversy with many asking is this new rule truly enforceable? Washington state Attorney General Rob McKenna and some community gun advocates say, no.

“What this does is put Seattle on a collision course with state law,” says Dan Sytman, the Attorney General’s office spokesperson.

The questionable deeds that Bush administration did at least had prior approval from the U.S. Attorney General’s office. Nickels is doing something that all legal advisers, except the city lawyer who found a contorted rational, say is illegal.

So where is the outcry from the left?

Apparently they don’t really care about politicians engaged in illegal acts. They just wanted to remove their political opponents by whatever means possible. Having their own politicians commit illegal acts on their behalf is just fine.

See also what Ry has to say on the topic.

Quote of the day–Alan Korwin

Note that L.A. gangs are notorious for rejecting diversity and multiculturalism, according to LAPD estimates. The most numerous gangs are Latino, with 22,309 non-diverse members, and blacks (Crips and Bloods), with 14,515 non-diverse members. Rumors that white, oriental and other gangs will be filing Title VII discrimination charges could not be confirmed at press time.

Alan Korwin
October 13, 2009
1,400 arrest 46
[If such a lawsuit were actually filed it would probably cause me to spontaneously break out into giggle fits for a month.–Joe]

We are advancing

In just six months we have gained still more public support for regaining our civil rights:

According to Rasmussen, only 39 percent of Americans believe the country needs stricter gun laws. That’s down from 43 percent only six months ago.
Democrats still emerge as the party of gun control, with 65 percent of respondents claiming Democrat affiliation supporting tighter gun laws while 69 percent of identified Republicans and 62 percent of independents do not support more gun laws.

“It’s ironic that the Chicago case just went to the Supreme Court,” Gottlieb noted, “while Rasmussen tells us that only 20 percent of adults believe city governments have a right to prevent citizens from owning handguns.”

Sixty-nine percent say city governments do not have that authority, and 11 percent were undecided, the poll disclosed.

“This suggests that those who support a handgun ban in Chicago are way out of the mainstream,” Gottlieb said. “Gun control is a losing proposition, for the public that wants to fight back against criminals, and especially for anti-gun politicians who cling to that failed philosophy as the nation leaves them behind.”

We cannot ease off. We must make these bigots as much outcasts as the KKK is today. Have the proper state of mind and keep up the fight.

This week I’ll be doing my share by taking two people to the range tonight then some people from work are going to Idaho with me this weekend for a private Boomershoot party.

Facts? We don’t need no stinking facts!

From Time magazine:

National Rifle Association v. Chicago / McDonald v. Chicago
At issue
: Second Amendment rights to gun ownership.

A pair of cases challenge Chicago’s 27-year-old ban on handgun sales within the city limits. Originally designed to curb violence in the city, the ban has long irked Second Amendment advocates, who take an expansive view of the amendment’s wording that the “right of the people to keep and bear arms shall not be infringed.” But the Supreme Court had long held that the Second Amendment pertained only to federal laws, until a 2008 decision in District of Columbia v. Heller struck down a ban on handguns and automatic weapons in Washington, D.C. The ruling marked the first time the Supreme Court acknowledged an individual right to bear arms, and it opened the door for these challenges to the Chicago regulation.

Do you notice anything wrong with that?

Bad question. It would be easier to answer, “Do you notice anything right with that?” But I’ll answer the harder question:

  • It’s not just or even primarily about a ban on handgun sales within the city limits. It a ban on possession within the city limits.
  • D.C. v. Heller had nothing to do with automatic weapons — unless you want to abide by D.C. definition of automatic weapon which included semi-autos.
  • This was not the first time the SC acknowledged an individual right to bear arms. Check out U S v. Cruikshank which said “The right there specified is that of ‘bearing arms for a lawful purpose.’ This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress.” Or even U S v. Miller which allowed Miller had standing. See also An individual right.

It is very, very rare that when I read an article in the MSM where I know a fair amount about the topic that I don’t see substantial errors in the presentation of the material. I can only conclude the articles where I don’t know all that much about the material are also filled with errors. Hence, I cannot trust the MSM to provide me facts. Facts are apparently irrelevant to them.

Kevin made a post about this in the last year or so with, IIRC, a fancy name. I only had about three hours of sleep last night and am much too tired and cranky to go looking for it. And I still have more work work to do tonight…

Quote of the day–Eugene Volokh

Police May Not Even Temporarily Detain a Person Simply Because He’s Openly Carrying a Handgun.

Eugene Volokh
October 1, 2009
[Wow! There’s going to be a lot more open carrying. We just won another major battle.

The Brady Campaign is going to be needing to hire extra janitors to mop up the river of tears as they sob themselves into a stupor today.–Joe]

Montana fires it’s guns

In an email alert today the Second Amendment Foundation announced:

GUN GROUPS FILE LAWSUIT TO VALIDATE MONTANA FIREARMS FREEDOM ACT

BELLEVUE, WA – The Second Amendment Foundation today joined with the Montana Shooting Sports Association in a federal lawsuit filed in Missoula to validate the principles and terms of the Montana Firearms Freedom Act (MFFA), which takes effect today, Oct. 1, 2009.

Lead attorney for the plaintiffs’ litigation team is Quentin Rhoades of the Missoula firm of Sullivan, Tabaracci & Rhoades, PC. The MFFA litigation team also includes other attorneys located in Montana, New York, Florida, Arizona and Washington.

“We’re happy to join this lawsuit,” said SAF founder Alan Gottlieb, “because we believe this issue should be decided by the courts.”

“We feel very strongly that the federal government has gone way too far in attempting to regulate a lot of activity that occurs only in-state,” added MSSA President Gary Marbut. “The Montana Legislature and governor agreed with us by enacting the MFFA. We welcome the support of many other states that are stepping up to the plate with their own firearms freedom acts.”

The MFFA declares that any firearms made and retained in Montana are not subject to any federal authority under the power given to Congress in the U.S. Constitution to regulate “commerce … among the several states.” It relies on the Tenth Amendment and other principles to exempt Montana-made and retained firearms, accessories and ammunition from federal regulation. Marbut’s group advises Montana citizens not to manufacture an MFFA-covered item until MSSA is upheld in court.

Earlier this year, Tennessee passed similar legislation and lawmakers in 20 other states have indicated that they will introduce MSSA clone legislation, Marbut said. Information about the Firearms Freedom Act movement is being accumulated and made publicly available at firearmsfreedomact.com.

MSSA is the primary political advocate for Montana gun owners. It can be found at mtssa.org.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

See also the article in the Missoulian.

I wish them well and figure it will be at least worth buying some popcorn and cold drinks for watching the comedy.

Lying is what they know

We live in an information age now. A incredibly vast amount of information is available so quickly and cheaply that I am amazed they still think they can get away with this crap. But I suppose it’s just what they have always done and it’s how they have won in the past. It’s what they know how to do.

Even though she was not harmed, Colleen Dawson said she wishes she had a handgun when some men tried to break into her Northwest Side home last year.

Dawson, 51, said the court’s action should be a message to Mayor Daley and other gun-control advocates to “begin looking at a handgun as a tool given to us as a birthright by the constitution to defend ourselves.”

Growing up in Englewood, Dawson said her grandmother always kept a handgun in her apron pocket. She’d like the same right.

Chicago Police scoff at the notion that more handguns will lower the city’s crime rate.

“The logic they are using, that homeowners’ homes will not get burglarized, is ridiculous. You usually do not burglarize a home that is occupied,” said Mark Donohue, president of the Fraternal Order of Police.

Interesting. I know one woman living in Chicago who acquired a gun (illegally of course) after waking up to a burglar going through her bedroom. The bugler told her to not worry, she wouldn’t get hurt if she just stayed still. The burglar then went about his “business”. Yes, I know, a single data point does not make a study.

Look at the burglary rates of occupied homes in the U.K. versus the U.S. Read Guns and Violence: the English Experience. The data is overwhelming. Either Donohue is lying or his head is buried very deep in the sand or some other place where the sun doesn’t shine.

Next up is the Brady Campaign representative:

A 1988 Emory University study, Heimke said, showed “if you keep a gun in your home, it’s 21 times more likely to injure you or your family than a bad guy. It gets used by a depressed teen to commit suicide, or you think it’s a burglar but it turns out to be a neighbor or a brother-in-law.”

1988? A 21-year old study? At least it’s not the fully discredited Kellerman study from 1986 which concluded it was “43 times more likely…”. But I find it telling that Helmke overlooked the 1993 revised “study” by Kellerman in which he changed his number to 2.7. Even then he had to “bake” the numbers to get something that looked bad for gun ownership. And the only 1988 Emory study I can find reference to is also from Kellerman (see also here). And Emory is where Kellerman works so I have to conclude that Helmke is attempting to quote Kellerman and perhaps getting the number wrong. Was this carelessness or was it to avoid triggering a flag with the 43 number that we know is false?

Kellerman’s work was so shoddy that in 1995 congress pulled CDC funding for his work. At the hearings he didn’t even bother to show up to defend it.

And also of note is that this Chicago paper misspelled both Helmke’s and Colleen Lawson’s names. I’m glad we have “professional journalists” and their armies of fact checkers to “inform” the public.

I know it’s Lawson instead of Dawson because of the court filing and I because met and talked to her at the 2008 NRA convention:

Update: Some edits were made for legal reasons.

Testing the response?

One of the ways skilled attackers can get through security is to probe the defenses and see what the response is. Once they know the response they can plan an attack with a high probability of success. I wonder if that is what happened here:

A suspicious package found outside an eastern Minnesota high school Wednesday contained an incendiary device, the school district’s superintendent said.

Princeton schools Superintendent Rick Lahn said he learned that in a meeting with Police Chief Brian Payne on Wednesday afternoon.

“He said it was some kind of incendiary device, but it’s being investigated now and they’re taking a look at it,” Lahn told The Associated Press. “And he couldn’t give me details. He just said it was very suspicious and it contained some explosive material. I don’t think it was a large device, but I really don’t know what kind of damage it could have done.”

The package, which Lahn said was discovered by a custodian outside the school, was one of three found in Princeton on Wednesday morning.

Officials gave the all-clear late Wednesday morning after law enforcement officers and explosive-sniffing dogs combed the town of about 4,500 people about 50 miles north of Minneapolis.

“The entire town was searched for suspicious devices with negative results,” Schmidt said.

Along with the Princeton Police Department and ATF, agencies joining the investigation included the FBI, the St. Paul and Crow Wing County bomb squads, the Sherburne and Mille Lacs County sheriff’s departments, and postal inspectors, Schmidt said.

Interesting. They searched the entire town. This pulled police from multiple jurisdictions into the response. This probably left weak spots in other areas with increased response times and feeble responses had an attack occurred in these other locations.

I hope it was just some kid wanting to another day to study for a test rather than someone with serious intent in harming people.

Quote of the day–Alan Gura

The freedoms we enjoy as Americans are secured to us against violation by all levels of government. State and local politicians should be on notice: the Second Amendment is a normal part of the Bill of Rights, and it is coming to your town.

Alan Gura
September 30, 2009
SUPREME COURT TO HEAR 2ND AMENDMENT CHALLENGE TO CHICAGO GUN BAN
[The arrival of the Second Amendment needs to be followed up with arrests and prosecutions under 18 USC 242. If not it will drag on for decades like it appears to be in D.C. and it actually did with the Jim Crow laws in the deep south despite the fact that the 13th and 14th Amendments “came to town”.–Joe]

Gun control in grief

These are bad days for Paul Hemeke and supporters. Just as people with a terminal illness go through the five stages of grief they see their world view dying and are experiencing a similar process. Here we have denial:

Paul Helmke, president of the Brady Center to Prevent Gun Violence, said the Chicago case is “unlikely to have much practical impact on most gun laws regardless of how the Court rules.”

“Even if the Court were to hold the Second Amendment applicable to states and localities,” he said, “such a ruling is unlikely to change the crucial holding by the Supreme Court in Heller that a wide range of reasonable gun laws are presumptively constitutional, and that the Second Amendment right is narrowly limited to guns in the home for self-defense.”

Quote of the day–Steve Chapman

Odds are it will lose. Last year’s ruling was limited to the District of Columbia, which is unique in being a federal enclave. The only question in this case is whether the 2nd Amendment applies to states and municipalities, as most other freedoms in the Bill of Rights now do.

It’s hard to think of a compelling reason that the court would say states don’t have to respect the right to keep and bear arms. Law professor Ronald Rotunda of Chapman University told me that he gives the Chicago law only a one in five chance of surviving.

Steve Chapman
September 30, 2009
The end of the Chicago handgun ban
[This was based on the news that the Supreme Court has agreed to hear the case that will decide whether the 2nd Amendment applies to states and other political jurisdictions or just the Federal government.

Amazing. Ten years ago I was talking to leaders in the gun rights movement who said that we would completely lose the right to keep and bear arms within ten years with Chicago-like discrimination against gun owners the norm. Now we are poised on the edge of slapping them aside into the dustbin of history along with segregated schools, restrooms, and water fountains.–Joe]

Mixed feelings

While I approve of law enforcement finding and disrupting criminals before they can carry out their criminal acts I find it a little bit disconcerting that in this case the criminals/terrorists had to be led by the hand to actually commit (what they thought were) criminal acts:

Two men who professed devotion to Al Qaeda — one a convert to Islam, the other a Jordanian native — were charged Thursday with plotting to blow up buildings in Illinois and Texas.

In both cases, the men thought they were working with Al Qaeda operatives when they were really working with undercover federal agents.

One man, according to authorities, planted what he thought was an explosive outside a Dallas skyscraper, while the other parked a van, supposedly armed with a bomb, outside a federal courthouse in Springfield, Ill. The devices were fakes.

The FBI had a drug informant become friendly with Finton, according to the complaint. The informant told agents that Finton had talked about wanting to get terrorist training and to fight in Gaza against Israelis. Agents then worked to set up an “opportunity for action that we controlled,” began recording encounters with him and put him in touch with an undercover agent who told Finton he was an Al Qaeda operative.

In a July conversation, Finton allegedly told the agent he was considering attacks on “government buildings, banks and police stations.” His hope was that an attack would cause the U.S. military to withdraw from conflicts overseas.

“Finton said attacking the FBI office would be great, because he had no love for the police, so that would not bother him a bit,” according to the affidavit. He allegedly proposed bombing the federal building in Springfield in July with a backpack bomb or an explosive in a vehicle.

In August, the agent told Finton that the plan had been approved by his supervisors in Al Qaeda and had Finton make a videotaped message that supposedly was to be shown to organization leaders, including Osama bin Laden.

They apparently weren’t capable of building their own bombs so the FBI did it (fake ones of course) for them. And encouraged them with fake approval from the highest level within the terrorist organization. It sounds to me like the FBI was walking a fine line very close to entrapment.

This sounds like what the radicals of the 1960s said about how easy it was to identify the FBI infiltrators–they were the ones encouraging people to commit crimes.