At the 2012 NRA Annual Meetings in St. Louis, Cam Edwards talks to Ken Klukowski, Breitbart Legal Columnist – NRA News – April 12, 2012 – http://www.NRANews.com
At the 2012 NRA Annual Meetings in St. Louis, Cam Edwards talks to Ken Klukowski, Breitbart Legal Columnist – NRA News – April 12, 2012 – http://www.NRANews.com
Friday, the Labor Department is expected to report the economy added 235,000 jobs in July, and the unemployment rate remained steady at 6.1 percent, but that hardly tells the story.
The jobless rate may be down from its recession peak of 10 percent, but much of this results from adults, discouraged by the lack of decent job openings, having quit altogether. They are neither employed nor looking for work.
Only about half of the drop in the adult participation rate may be attributed to the Baby Boom generation reaching retirement age. Lacking adequate resources to retire, a larger percentage of adults over 65 are working than before the recession.
Many Americans who would like full time jobs are stuck in part-time positions, because businesses can hire desirable part-time workers to supplement a core of permanent, full-time employees, but at lower wages. And Obamacare’s employer health insurance mandates will not apply to workers on the job less than 30 hours a week.
Since 2000, Congress has enhanced the earned income tax credit and expanded programs that provide direct benefits to low-income workers, including food stamps, Medicaid, Obamacare, and rent and mortgage assistance.
Virtually all phase as family incomes rise, either by securing higher hourly pay or working more hours, and impose an effective marginal tax rate as high as 50 percent. Consequently, these programs discourage work and skills acquisition and encourage single parents and one partner in two adult households not to work. Often, these motivate single people to work only part-time.
A federal judge on Tuesday put on hold his decision invalidating the District’s long-standing ban on carrying handguns in public places.
The judge’s stay, in effect for 90 days, gives city officials and D.C. police officers some breathing room to respond to a ruling that overturned the District’s primary gun-control law.
Doxie McCoy, a spokeswoman for D.C. Mayor Vincent C. Gray (D), said the stay “gives us time to pause, and to act.” She said the mayor will continue to work with the D.C. Council “in terms of what legislation we need to put in. This is certainly welcome news.”
The initial ruling last week by U.S. District Judge Frederick J. Scullin Jr. meant that thousands of city residents with registered handguns, in addition to legal gun owners from other states, could carry pistols in Washington. D.C. law is unconstitutional, the judge ruled, because there is no process for issuing carry licenses to registered gun owners.
D.C. Police Chief Cathy L. Lanier and city government officials asked for a temporary reprieve on Monday because they said the ruling left many unanswered questions and had led to safety concerns. Lanier told officers in a memo on Monday night that they could no longer stop someone simply for transporting a gun in public.
D.C.’s Attorney General Irvin B. Nathan requested a stay pending appeal or to give elected officials time to revise the city’s gun laws. City lawyers said in a court filing that the lead attorney for the plaintiffs, Alan Gura, did not object to an immediate 90-day delay as long as the D.C. Council was working to enact new legislation.
Gura was traveling on Tuesday and not immediately available to comment.
In his order on Tuesday, the judge gave the City Council until October 22 to decide whether to enact new legislation “consistent with the court’s ruling.”
Following the unusual Saturday release of the landmark right-to-carry ruling by U.S. District Court Judge Frederick J. Scullin, Jr., that the Washington Times said yesterday essentially guts the District of Columbia’s gun laws banning carry of firearms outside the home, city officials are already working to put it on hold, the Washington Post reported today.
NBC affiliate WRC in Washington, D.C. is reporting that attorneys for the city have filed a motion for a stay pending an appeal. That motion asks for a 180-day stay to either appeal, or to craft “new licensing laws” that presumably will allow for some type of carry in the District.
The Washington Times reported late Monday afternoon that District Attorney General Irvin B. Nathan said in his motion that, “The public interest is not served by rushed legislation on a foundational public-safety issue or by allowing any and all ‘dangerous or deadly’ concealable weapons to be carried in public, without reasonable restrictions being imposed, during the pendency of any appeal and/or new legislation.”
The most tantalizing element of the latest gun rights decision in Washington D.C. is the hope that it raises for law-abiding New Yorkers who want to be able to carry a firearm outside of their homes. The decision was issued by a United States district judge, who has blocked the District of Columbia police from enforcing a ban on handguns. The judge who did this, Frederick Scullin Jr., normally sits at Syracuse, New York. He was assigned to this case by the chief justice of America. So the hope is that when he returns to his regular chambers he’ll eventually get a chance to bring some sense to his own state, where by virtue of radically anti-gun authorities the Second Amendment is a dead letter.
Not that New Yorkers should hold their collective breath. It took the plaintiffs something like five years to get a ruling out of federal district court in Washington. The individuals — three men and a woman in four separate efforts to get permits to carry guns in the Columbia District — launched their efforts in the wake of the Supreme Court’s decision in District of Columbia v. Heller. That gave a person in capital the right to keep a loaded pistol at home. The Supreme Court later, in McDonald v. Chicago, applied that ruling to the states. Judge Scullin said he didn’t see what grounds were left for Washington to ban its own residents or visitors from carrying a pistol.
Now the District of Columbia authorities are going to have to decide what to do about it, and maybe they will win at the Court of Appeals. But that course is a bit tricky. The Court of Appeals is the same court that originally ruled in favor of Dick Heller, the retired security guard who wanted to keep his loaded pistol in his home. The Appeals court found that the right to keep and bear arms in the Second Amendment belongs not to a “well-regulated militia” but to the people. That’s because of the actual language of the Constitution, which speaks in plain language of the “right of the people to keep and bear arms” shall not be even infringed.
Saturday’s long-awaited victory in Palmer v. District of Columbia is “one more important step toward firearms freedom,” the Second Amendment Foundation said today after reviewing the ruling, which the District of Columbia now reportedly plans to appeal.
“We will take all necessary steps to defend our victory against an unconstitutional ban on bearing arms outside of one’s home,” vowed SAF founder and Executive Vice President Alan M. Gottlieb. “The decision by Judge Frederick J. Scullin, Jr., reinforces our efforts in challenging burdensome concealed carry laws in several states.”
In his 19-page ruling, Judge Scullin wrote, “In light of Heller, McDonald and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.”
“Ever since the 2008 Heller ruling by the Supreme Court, the District of Columbia has carried on a campaign of red tape and regulation to discourage citizens from exercising their Second Amendment rights,” Gottlieb said. “This has included bearing arms outside the home for personal protection. We applaud Judge Scullin’s ruling, because the time is long overdue for the city to realize that it is the capitol of the United States, not a police state.
“Washington, D.C. is not some political gulag,” he observed, “but the seat of government in a land of free people. A cornerstone of that freedom is the right to keep and bear arms, and where better to exercise that right than in the nation’s capital? We have no intention of letting anti-gun city officials further delay the ability of law-abiding citizens to exercise their rights. As Dr. Martin Luther King said, ‘A right delayed is a right denied.’
SAF lawsuits have overturned laws not only in Washington D.C., but in several states including Illinois, California, North Carolina, New Mexico, Nebraska, and cities like San Francisco, Seattle, Des Moines and New Haven, among others, Gottlieb noted. Threats of SAF lawsuits have removed well over 100 anti-gun-rights laws across the country as well as stopping hundreds more from being enacted, he added.
“We are focusing our efforts on getting rid of unconstitutional violations of firearms owners’ civil rights in Connecticut, New Jersey, New York, Maryland, California and other states,” he said.
“These victories have been made possible by hundreds of thousands of concerned Americans who have financially supported SAF efforts over the years, Gottlieb noted. “Thanks to them, we have been able to field a first-rate team of legal advocates headed by noted civil rights attorney Alan Gura.
“SAF’s record of legal victories on behalf of the right to keep and bear arms has set the bar for all current and future firearms civil rights litigation,” Gottlieb concluded. “This is not SAF’s last step, but only the latest, in our efforts to win back firearms freedom, one lawsuit at a time.”
A shootout Monday afternoon between law enforcement and a suspect wanted in a sexual assault case left three officers injured and the suspect dead, authorities said.
It happened around 1 p.m. on West 4th Street near Jones Street in the West Village as a fugitive apprehension task force was trying to arrest the suspect, the U.S. Marshals Service said.
Witnesses described a chaotic scene.
“There were cars galore, officers running with their heavy vests saying ‘U.S. Task Force,’ ‘U.S. Fugitive,’ ‘U.S. Terrorism’ and then ‘U.S. Marshal’ came in,” one woman told CBS 2′s Alice Gainer. “I think everybody who had to be here was here.”
Loss: Apollo the dog, left, was fatally shot in the head, right, by a police officer in front of his family on Friday
A six-year-old girl watched in horror as police gunned down her one-year-old dog as it stood in their front yard, her family has said.
The girl’s mother, Nicole Echlin, said their shepherd-mix Apollo, whom they have had since he was a puppy, got out of their yard in Hometown near Chicago, Illinois on Friday afternoon.
After they chased him around the neighborhood, he returned to the yard and was standing on the lawn when police arrived and pulled out their guns, Echlin told the Chicago Tribune.
‘He started showing his teeth – that’s when the officer shot him,’ Echlin, 27, said. ‘I didn’t know that was going to happen.’
Echlin’s daughter fell to the ground crying after the pet was shot in the head. Her mother grabbed her and took her inside.
‘That’s going to be in her head probably forever,’ Echlin said.
Neighbor and witness Ayo Nicco Torres added on Facebook: ‘
The dog wasn’t dead, he was kicking its legs like it was trying to run while he was laying on the lawn. Ten minutes later still laying there breathing. Sickest thing I’ve ever seen… In my opinion it just wasn’t necessary.’
She added that the dog wasn’t barking or moving before it was shot down, while family members said the dog had no history of aggression.
In a remarkably commonsense decision, a New York court has set aside a Gravity Knife prosecution “in the interest of justice.” Click here to read Judge Webber’s decision. This decision is getting a lot of attention among knife owners, however…
WARNING! Residents of New York City and those traveling there should NOT take this as meaning that they can now carry any folding knife they want (see more below).
This is a positive outcome for a number of reasons, but most importantly because, while it unfortunately affirms the so-called “wrist flick test” as a means of identifying a Gravity Knife in New York, which we assert in our Federal Civil Rights Lawsuit as being an unconstitutionally vague test, it recognizes that a great many people carry and use such knives for lawful purposes, in New York as well as throughout the U.S. Further, the court acknowledged that the law has been criticized for its harsh impact on the law abiding citizen and specifically cites the case of Knife Rights’ plaintiff John Copeland as one example. The court then goes on to note that the legislature has made several attempts to try and ameliorate the harsh nature of the law by making intent to use for a criminal purpose an element of the offense, rather than mere possession. Finally, the court found that the fact that the defendant had no criminal intent was, in part, a basis for dismissing his indictment, “in the interest of justice.”
WARNING! Residents of New York City and those traveling there should NOT take this as meaning that they can now carry any folding knife they want that is otherwise carried in compliance with NYC rules (under 4-inches and carried concealed).
In New York the “Supreme Court” is something of a misnomer and this is not an appeals level court. We have no expectation that the New York City Police Department or District Attorney Cyrus Vance, Jr, will suddenly stop arresting anyone who they can allege to have a gravity knife based on the “wrist flick test.” We continue to provide the same cautions for NYC knife carriers that we have given for some time:
Note that New York City administrative code has an under-4-inch length limit and requires knives be carried concealed. Knife Rights recommends that you never carry your knife clipped to your pocket in New York City. Even when covered by a jacket, simply moving the jacket aside to get to a wallet has been enough to get folks arrested. Always ensure your knife is completely concealed at all times, including not “printing” on the outside of your clothing. In addition, be extremely circumspect about using a knife for any purpose in a public setting.
Note also that NYC has interpreted the state law against gravity knives such that if an officer can “wrist flick” the knife blade open and the knife blade locks open, that knife is an illegal gravity knife. NYC takes this position even if it requires multiple tries and use of exaggerated arm thrust or motion. Using this interpretation, most any lockblade knife might be deemed an illegal gravity knife.
Knife Rights‘ Federal Civil Rights Lawsuit against New York City and DA Vance continues. Knife Rights is committed to fighting for your civil rights. Please help support Knife Rights and get chances to win some extraordinary prizes in our Ultimate Steel Spectacular, ending in just 4 days. DONATE TODAY!
Polls which ask voters for their thoughts on how the last election should have shaped up a year or two years after the fact are pretty much meaningless. The latest CNN/ORC survey which asks voters that question is no exception to that rule. Nevertheless, with just 100 days remaining before the midterm elections, this question is an instructive measurement of voter satisfaction with the president.
If voters had it to do all over again, 53 percent would support Mitt Romney over the 44 percent who would continue to back Barack Obama. The president’s remaining coalition is what you would expect it to be; voters aged 18 – 34, Northeasterners, Democrats, self-identified liberals and moderates, urban and minority voters.
Where the president suffers the most in this survey is among women. CNN/ORC found that women voters backed Romney over Obama by 52 to 45 percent. That is almost identical to the margins among male voters (54/43 percent) and dramatic reversal from 2012 when the nationwide exit polls showed women backed Obama by double digits (55/44 percent).
There is not much in the way of good news for Obama in this poll. A majority say Obama is not a “strong and decisive leader.” By 56 to 43 percent, voters say Obama does not agree with them on the issues they “care about.” Only 42 percent say Obama can manage the government effectively; 57 percent believe he cannot.
A video shot by an onlooker shows Garner telling the officers to leave him alone and refusing to be handcuffed. One responded by appearing to put him in a chokehold, which is banned under police policy. Garner is heard gasping “I can’t breathe.” He was later pronounced dead at the hospital. Autopsy results are pending.
The NYPD is investigating, Staten Island prosecutors have launched a criminal probe, the officer was placed on desk duty and other public safety workers involved have been pulled from the street. U.S. Attorney General Eric Holder also has said the Justice Department is “closely monitoring” the investigation into Garner’s death.
“We want justice for my son. … I wouldn’t wish this on my worst enemy,” said Garner’s mother, Gwen Carr.
Police also confirmed Saturday that another officer has been placed on restricted duty after an amateur video surfaced that appears to show him stomping on the head of a Brooklyn drug suspect during a recent arrest.
In a statement, the president of the powerful Patrolmen’s Association, cautioned against reading too much into the videos.
“Videotapes never present all of the facts in a situation,” said Patrick Lynch. “They never capture the criminal act or offense that brings police action to the scene. They present an isolated period of a police interaction but never the entire scenario.”