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The Broad Impact of a Gun Case

We have proceeded down the rabbit hole from the Heller vs. District of Columbia case, in which the Supreme Court's conservative majority overturned 70 years of precedent, ruling that an individual has a right to own a firearm unrelated to being part of a state militia, and now to McDonald vs. Chicago, to decide whether this right applies to states and localities.

The heart of this case is the "due process" clause—should the Bill of Rights apply to states. Under the doctrine of "selective incorporation," the Supreme Court has ruled on a case-by-case basis that most, but so far not all, of the Bill of Rights apply to states and cities. To justify incorporation, the court has relied on the 14th Amendment, which has two relevant clauses: the due process clause that requires government to act with proper respect for the law, and the "privileges or immunities" clause, which is more focused on protecting substantive individual rights. Since 1873 (Slaughter-House Cases) the court has relied on due process to base incorporation of the other Rights.

14th Amendment: (has 5 clauses, 1st clause): No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Over the past century, the Court has said that part or all of the First, Fourth, Fifth, Sixth and Eighth Amendments apply to the states. The same five justices who made up the majority in the Heller case remain on the court, so it would not be a surprise to see them extend the Second Amendment’s reach to the states. However even the majority justices recognize, according to Justice Scalia, that a broad prohibition on gun regulations would pose a national problem. Justice Kennedy suggested the court has applied constitutional rights to the states by allowing them amplitude to enact regulations and could do the same here. Should the Court incorporate the Second Amendment to apply to states and localities, it would ensure years of legal challenges to sort out exactly what laws may stand and which must fall. Such a ruling could undermine many state and local gun laws around the nation or at least leave them open to legal challenge.

Paul Clement presented an argument on behalf of the National Rifle Association urging the justices to use the due process clause because it would be "remarkably straightforward." But perhaps conservatives might fear resurrecting the “privileges or immunities” clause because wielded by liberal justices it could breed many new "positive rights" to welfare, health care, etc. unde r the rubric of protecting substantive individual rights. On behalf of the City of Chicago, James Feldman argued that the Second Amendment was a different kind of right because it involved a dangerous and deadly weapon. He said, "This is a right that has always been subject to the political process for regulation."

State and local governments have enacted laws and used police powers to regulate guns in order to protect public safety, which is the first duty of every elected official. It is primary that the right of the people, through their elected representatives, adopt carefully drawn laws that protect them from other people’s guns.

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Brady Advises: "Expresso Shots, Not Gun Shots"

What do you think? A member of Open Carry said, "Carrying a gun is like wearing socks. It’s part of your wardrobe. Like an accessory – but one that saves lives."

The Open Carry grassroots goal among some gun owners is to make the case for liberalizing concealed weapon laws by demonstrating how uncomfortable many people are with publicly displayed guns. Their thinking is that people would be more comfortable if everyone could carry a loaded concealed firearm in public everywhere and in every state. Really? Some gun owners view this stance as unproductive for their cause because it has the potential of scaring people. Robert Weisberg, a gun law expert and criminal justice professor at Stanford University described the Open Carry activists as "a liability" for the N.R.A. because they are a disciplined, onmessage organization focused on the increased deregulation of guns.

There are 38 states that have so-called open carry laws, but laws vary. Last year 24 states passed laws to ease restrictions on gun ownership. Arizona and Virginia approved bills making it legal to carry concealed weapons in bars. Tennessee voted to allow guns on playgrounds. And President Obama has signed bills allowing guns to be carried on trains—in the baggage car. Gun control advocates say the Open Carry movement’s real aim is to push the envelope and force companies to take a public stand, which in California some have done. California Pizza Kitchen and Peet’s Coffee will not allow openly displayed weapons in their establishments, but for Starbucks, the debate has become a headache. The Brady Campaign began sending out petitions to pressure the company to forbid weapons, which they have not done.

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CAGV's 15th Annual Luncheon

"New Decade, New Challenges"

The Coalition Against Gun Violence invites you to attend our 15th Anniversary Celebration—an elegant luncheon on Sunday, May 16th 2010 at 11:30 a.m. at the Hotel Mar Monte, located at 1111 E. Cabrillo Blvd., Our theme this year is "New Decade, New Challenges." You may read about some of these challenges in the more intimate new format of CAGV’s newsletter.

We are very honored to have as our keynote speaker Josh Horwitz, a two-decades long advocate working on gun violence prevention issues, author and Executive Director of two nonprofits – Educational Fund to Stop Gun Violence and Coalition to Stop Gun Violence. Mr. Horwitz is responsible for managing two affiliated non-profit organizations that utilize a combination of advocacy, public education and litigation to reduce the illegal trafficking of firearms. Coincidently 15 years ago, Mr. Horwitz developed "Hands Without Guns," a youth anti-violence project.

Mr. Horwitz also implemented an advocacy campaign in California, in which CAGV was actively involved, that led to the first state law requiring that all new models of semiautomatic handgun, include microstamping technology (2005-2007).

Nationally known, Josh Horwitz is frequently invited as a presenter and lecturer. He testified on a variety of firearm-related issues before the U.S. House of Representatives, the Council of the District of Columbia, the Maryland Senate and House of Delegates, the California Assembly and several other states.

Our current Mayor Helene Schneider and former Mayor Marty Blum are members of Mayors Against Illegal Guns (MAIG). Mr. Horwitz was a panelist at the MAIG National Illegal Gun Summit in 2006. He also was a presenter at the MAIG 2006 seminar discussing, The Promise of Microstamping Technology.

The author of many articles, Mr. Horwitz's latest book, Guns, Democracy, and the Insurrectionist Idea, (2009) co-written with Casey Anderson, challenges the proposition that more guns equal more freedom and exposes insurrectionism as a true threat to freedom in the United States today. This book is an important first step in demonstrating how reasonable gun regulation is essential to the survival of democracy and liberty.

"When gun enthusiasts talk about constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind—freedom from government oppression. They argue that the only way to keep federal authority in check is to arm individual citizens who can, if necessary, defend themselves from an aggressive government. In the past decade, this view of the proper relationship between government and individual rights and the insistence on a role for private violence in a democracy has been co-opted by the conservative movement. As a result, it has spread beyond extreme militia groups to influence state and national policy."

Following tradition since 2007, the Bell Ceremony will be part of our celebration. Mary Leigh and Charles Blek, originators of The Million Mom March, originated the concept of the Bell Ceremony as a family “remembrance” of their 21-year old son’s death. They brought their Bell to our event in 2007. We have continued to ring the Bell in honor of the families and victims of the Goleta Postal shooting tragedy. Any member of the audience who has lost a family member or a friend to gun violence is welcomed and encouraged to come up, say the name of their loved one and ring the bell. The response is always profound. Please join us on May 16th in welcoming Josh Horwitz to our community and in celebrating CAGV’s 15 years working for nonviolence and a safer Santa Barbara.

Please join us on May 16th in welcoming Josh Horwitz to our community and in celebrating CAGV’s 15 years working for nonviolence and a safer Santa Barbara.

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Safety in Camping Takes on New Meaning

Federal law now allows visitors to carry guns in National Parks... don’t you wonder what John Muir or Teddy Roosevelt would think?

Minutes after President Obama signed the credit card holders’ bill of rights, which includes an amendment (Coburn-R-OK) allowing firearms at the nation’s National Parks and wildlife refuges, Department of Interior Spokesperson Barkoff stated that the department plans to work on implementing the new law, but in the meantime focusing especially on public safety and the safety of National Park employees. Permission to carry a firearm into a park and the actual restrictions on such possession will vary by state, since the new federal law is governed by each state’s firearms laws.

The National Parks Conservation Association stated that the Senate, House, and President disregarded the concerns of national park rangers and former Park Service directors who want American families and wildlife to remain safe in our national parks. NPCA strongly supports the Reagan era regulation that allows firearms in parks, as long as they are unloaded and stored. The NPCA is concerned about wildlife poaching and dangers to visitors. Rangers will now need to educate visitors about rules and safety, advising hunters not to use sight scopes on rifles to admire animals in the distance.

This potentially dangerous law involves multiple rules because each state has different laws which prevail. You will need a rule book. You can’t just sit around the campfire drinking beer and holding your loaded weapon at the ready.

In California to carry a loaded gun in your backpack you need a concealed weapon permit but you can keep your loaded weapon in your tent (a temporary home). California does not allow concealed weapons permits from any other state and will out-of-state campers know that? Federal restrictions do not allow guns in park visitor centers. They also forbid hunting, target shooting or even firing a gun.

Current and former National Park Service employees, many of them Law Enforcement Rangers and Park Interpretive Rangers, expressed serious alarm over the potential risks of the new rule to be implemented by the Department of the Interior that would allow concealed firearms in national parks. “This new rule is fraught with a variety of threats and hazards to the solitude and atmosphere visitors have come to appreciate and to seek in national parks,” said Bill Wade, Chair of the Executive Council of the Coalition of National Park Service Retirees (CNPSR) "Beyond the risks to natural and historic resources in parks, we are troubled by the likelihood that the way park visitors relate to each other will be affected. Until now, parks have been conducive to visitors having casual chats with each other on hikes. Not uncommonly, visitors camped next to each other share a morning cup of coffee. This open social interaction is liable to change as suspicion and apprehension about the possession of concealed firearms makes people more distrustful."

Americans are used to thinking of National Parks and State Parks as safe havens, a respite from urban dangers. If you can’t target shoot or kill animals, what is the purpose taking a loaded gun into the scenic beauty of Yosemite?

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Second Amendment Redux: District of Columbia vs. Heller

God, Guns, Guts and American Pickup Trucks

Domestic Violence Awareness Month

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Alarming Rates of Suicide

Homicide and suicide are intentional acts of violence that disproportionately involve firearms. More effort has been devoted to the study of homicide. In a University of Pennsylvania School of Medicine study, firearm homicide was consistently associated with out-of-home, nighttime activity.

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