Overwhelming Support For
Incorporation of the Second Amendment
As we reported last week, on November 16, the NRA filed its brief with the U.S. Supreme Court as Respondent in Support of Petitioner in McDonald v. City of Chicago. The NRA brief asks the U.S. Supreme Court to hold that the Second Amendment applies to state and local governments through the Fourteenth Amendment.
The McDonald case is one of several that were filed immediately after last year's decision in District of Columbia v. Heller, in which the Court upheld the Second Amendment as an individual right and invalidated Washington, D.C.'s ban on handgun possession, as well as the capital city's ban on keeping loaded, operable firearms for self-defense in the home.
In September, the Supreme Court agreed to consider the McDonald case, on appeal from the U.S. Court of Appeals for the Seventh Circuit. That court incorrectly claimed that prior Supreme Court precedent prevented it from holding in favor of incorporation of the Second Amendment. As we argued at the time, the Seventh Circuit should have followed the lead of the Ninth Circuit Court of Appeals decision in Nordyke v. King, which found that Supreme Court precedent does not prevent the Second Amendment from applying to the states through the Fourteenth Amendment's Due Process Clause.
Bloomberg Uses Ft. Hood Murders To Push Gun Control: In another transparent attempt to undercut the Second Amendment fresh on the heels of his hidden-camera attack on gun shows, Michael Bloomberg's anti-gun group, Mayors Against Illegal Guns, has alleged that the multiple murders that took place on Ft. Hood recently could have been prevented by changes in federal gun laws.
The UN And International Treaties: Over the last few weeks, we have received many inquiries regarding the UN and the impact of international treaties on our Second Amendment freedom.
Help Defend Your Gun Rights One Click At A Time: We have a revolutionary yet simple tool that will allow you to stay connected to NRA-ILA and raise valuable contributions to defend our Second Amendment rights without spending a dime! It's the NRA-ILA Toolbar, and you can make a difference by downloading and using it.
STATE ROUNDUP (Please note the only items listed below are those that have had recent action. For other updates on state legislation, please go to the state legislation section at www.NRAILA.org, and check each week's issue of the Grassroots Alert.")
INDIANA: Brookville Bans Firearms on all City Property! Recently, the Brookville town council passed Ordinance No. 6-2009, banning firearms on all property owned or leased by the town. NRA contacted the town attorney, who informed us that the ordinance could be repealed if residents spoke out against it. Please contact members of the town council at 765-647-3322 and let them know you want a town meeting to revisit and repeal this ordinance! For more information on the ordinance and additional contact information please click here.
MISSOURI: City of St. Robert Passes Discharge Ban! The Board of Aldermen of the City of St. Robert recently passed an ordinance banning the discharge of any "projectile device" within the city limits. Unfortunately, this ordinance makes no exemption for the use of a firearm in self-defense, even in one's own home. Please contact your city aldermen and let them know you want the act of self-defense within the city limits to be protected and exempted in this ordinance! For more information on the scope of this ordinance ways to contact your City Aldermen, please click here.
SOUTH CAROLINA: "Second Amendment Weekend" to be Held November 27 and 28!South Carolinians will celebrate more than just Thanksgiving this week. The Friday and Saturday after Thanksgiving this year, November 27 and 28, will be the second annual "tax holiday" on firearm purchases in the Palmetto State. Dubbed the "Second Amendment Weekend," this concept was the brainchild of State Representative Mike Pitts (R-14). Last year's inaugural "tax holiday" saw a tremendous surge in firearm purchases, and this year could be just as successful. The original "tax holiday" law was passed as part of a larger bill, but when that law was struck down by the state Supreme Court, this year's "Second Amendment Weekend" was restored within the state budget. This restoration was only for this year, so next year, NRA will work with Representative Pitts to make the "Second Amendment Weekend" a permanent annual event.
TENNESSEE: Chancellor Claudia Bonnyman of the Chancery Court for Davidson County, Tennessee ruled last week that Tennessee's restaurant carry law is unconstitutionally vague because of a perceived ambiguity over the state's definition of restaurants. This law gave right-to-carry permit holders the chance to defend themselves from criminal attack while in a restaurant.
"This ruling is a setback for Tennessee's law-abiding concealed carry permit holders," said NRA-ILA Executive Director Chris W. Cox. "We strongly urge Attorney General Robert Cooper to defend the Tennessee statute and appeal this unwise ruling."
HB 962, Tennessee's Restaurant Carry legislation, passed both the House and Senate with broad bipartisan support, but Governor Phil Bredesen vetoed the bill on May 28, disappointing more than 200,000 right-to-carry permit holders in the state. While an override of the veto only needed a simple majority vote to pass, it cleared both chambers with overwhelming, bi-partisan support. This law went into effect in July of this year after the Tennessee House and Senate successfully overrode Gov. Bredesen's veto of HB 962. Tennessee joined 35 other states, which recognize the right to carry in restaurants that serve alcohol when it enacted this legislation into law.
This law is crucial because crimes do occur in restaurants. On April 2, 2009, Benjamin Felix Goeser was gunned down at Jonny's Sports Bar on Nolensville Road in Nashville. His wife, Nicole Goeser, has a right-to-carry permit, but she had to keep her gun locked in the car because of Tennessee law. Mrs. Goeser actively lobbied for the passage of this measure.
"Right-to-carry permit holders in Tennessee need to be aware that the chancery court's regrettable and incorrect decision effectively suspends the law the legislature enacted and that they should not carry in restaurants until this litigation is resolved on appeal," concluded Cox. "The NRA will continue to fight on behalf of our members, permit holders and victims of crime until this reasonable self-defense measure is restored as Tennessee law."
NRA will be closed on Thursday and Friday, November 26 and 27,
for the Thanksgiving Holiday.
We will re-open on Monday, November 30, at 8:30 a.m., EST.
Please have a safe and happy Thanksgiving Holiday!
