Reading the McDonald v. City of Chicago transcript I ran across the classic liberal debate technique of using false logic. I was wondering as I read, if Justice Breyer was going to bring up the fact that Chicago has all the gun bans to protect the children…and everyone wants to protect children. After all, anyone who believes different (such as gun owners), must be horrible and should be stopped. [see Amicus Brief section below]
JUSTICE BREYER: You are saying they can have — no matter what, that the city just can’t have guns even if they are saving hundreds of lives, they cannot ban them?
MR. GURA: The city cannot ban guns that are within the common use as protected by the right to arms.
JUSTICE SCALIA: There is a lot of statistical disagreement on whether the Miranda rule saves lives or not, whether it results in the release of dangerous people who have confessed to their crime but the confession can’t be used. We don’t — we don’t resolve questions like that on the basis of statistics, do we?
MR. GURA: That’s correct, Justice Scalia, and as your opinion -
JUSTICE SCALIA: Well, why would this one be resolved on the basis of statistics? If there is a constitutional right, we find what the minimum constitutional right is and everything above that is up to the States. If you want to have, you know — I think we mentioned in Heller concealed carry laws. I mean, those are — those are matter that we didn’t decide in Heller. And you may have a great deal of divergence from State to State, and on that I suppose you would do statistics, wouldn’t you? Or the legislature would.
MR. GURA: Well, Your Honor, we do agree that statistics are not important to determine whether or not a right -
JUSTICE SCALIA: For the judges. For the judges.
MR. GURA: That’s right.
JUSTICE SCALIA: But they would be for the legislatures.
SCOTUS Transcript McDonald v. City of Chicago (application/pdf Object).
Amicus Brief (McCarthy / Quigley)
Simply put, local governments need the latitude to address the unique problems that threaten the public safety of their communities,” said Congressman Quigley. “The conditions in Chicago, where 500 school children have been involved in gun-related incidents in the past two years, fortunately don’t exist in rural or even other urban areas across the country. We are by no means saying that a gun ban is necessary everywhere, nor are we trying to encumber the lifestyles or rights of enthusiasts, collectors, or hunters. But the children of Chicago and their families have a right to live without fear of gun violence as well, and the city must be allowed to continue protecting that right with sensible regulations.
Remember when you go vote in November to thank these people by voting them out of office. The following Members of Congress have signed the amicus brief mentioned above:
- Representative Carolyn McCarthy (NY-04)
- Representative Mike Quigley (IL-05)
- Representative Gary L. Ackerman (NY-05)
- Representative Timothy H. Bishop (NY-01)
- Representative Robert A. Brady (PA-01)
- Representative Lois Capps (CA-23)
- Representative Michael E. Capuano (MA-08)
- Representative Yvette D. Clarke (NY-11)
- Representative Wm. Lacy Clay (MO-01)
- Representative Gerald E. Connolly (VA-11)
- Representative Elijah Cummings (MD-07)
- Representative Joseph Crowley (NY-07)
- Representative Danny K. Davis (IL-07)
- Representative Diana DeGette (CO-01)
- Representative Eliot L. Engel (NY-17)
- Representative Sam Farr (CA-17)
- Representative Chaka Fattah (PA-02)
- Representative Luis Gutierrez (IL-04)
- Representative Mazie K. Hirano (HI-02)
- Representative Michael M. Honda (CA-15)
- Representative Steve Israel (NY-01)
- Representative Jesse L. Jackson, Jr. (IL-02)
- Representative Sheila Jackson-Lee (TX-18)
- Representative Henry C. Johnson, Jr. (GA-04)
- Representative Patrick J. Kennedy (RI-01)
- Representative Carolyn C. Kilpatrick (MI-13)
- Representative James R. Langevin (RI-02)
- Representative John B. Larson (CT-01)
- Representative Nita M. Lowey (NY-18)
- Representative John Lewis (GA-05)
- Representative James P. McGovern (MA-03)
- Representative Carolyn B. Maloney (NY-14)
- Representative Doris O. Matsui (CA-05)
- Representative Gregory Meeks (NY-06)
- Representative George Miller (CA-07)
- Representative Gwen Moore (WI-04)
- Representative James P. Moran (VA-08)
- Representative Jerrold Nadler (NY-08)
- Representative Grace F. Napolitano (CA-38)
- Representative Bill Pascrell, Jr. (NJ-08)
- Representative Donald M. Payne (NJ-10)
- Representative David E. Price (NC-04)
- Representative Charles B. Rangel (NY-15)
- Representative Steven R. Rothman (NJ-09)
- Representative Lucille Roybal-Allard (CA-34)
- Representative Bobby L. Rush (IL-01)
- Representative Linda T. Sánchez (CA-39)
- Representative Janice D. Schakowsky (IL-09)
- Representative José E. Serrano (NY-16)
- Representative Louise McIntosh Slaughter (NY-28)
- Representative Fortney Pete Stark (CA-13)
- Representative Edolphus Towns (NY-10)
- Representative Debbie Wasserman Schultz (FL-20)
- Representative Anthony D. Weiner (NY-09)
- Representative Lynn C. Woolsey (CA-06)
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Sheesh… I wonder what would have happened if the poor guy in this story was transporting the firearms in question as gifts for friends and relatives. I never knew that checking into a hotel with your firearms, which I personally would not leave in the rental car, would get you arrested. As the story plays out I will have to watch and see if the guy was a crazy person or just an average Joe who became a victim of circumstance. My bet is it was the latter.
Man arrested carrying weapons at Pelosi hotel
By P. SOLOMON BANDA Associated Press
Article Launched: 08/24/2008 12:47:18 PM PDT
DENVER—A Wyoming man remained jailed Sunday after trying to check into House Speaker Nancy Pelosi’s downtown Denver hotel while carrying two hunting rifles and two pistols.
Pelosi was briefly evacuated from the hotel on Saturday when 29-year-old Joseph Calanchini of Pinedale, Wyo., tried check in to the hotel, authorities said.
Secret Service spokesman Malcolm Wiley said Calanchini faces a charge of unlawful carrying of a weapon after police officers at the Sheraton hotel noticed him carrying a rifle-type case while checking in. Wiley said he didn’t know if the weapons were loaded.
Pelosi and other guests were briefly evacuated from the hotel but were never in danger, Pelosi spokesman Brendan Daly said.
“The speaker was never in any danger and she appreciates the quick and professional response of the police,” Daly said.
Calanchini remained at Denver City Jail on Sunday on $10,000 bond, said Denver Sheriff’s Deputy Danny Steckman. Calanchini did not have a concealed weapons permit, said Lance Clem, spokesman for the Colorado Department of Public Safety.
Authorities said Calanchini was in town on business and had had the weapons worked on, including the mounting of site scopes, to prepare for an upcoming hunting trip.
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- Heller Kitty Rifle
I decided to investigate this confusion and came to the found the following:
The EXPIRED (1994-Sept 2004 enforcement period) assault weapons ban (officially know as, Federal Violent Crime Control and Law Enforcement Act of 1994) had the following restrictions:
The Federal Violent Crime Control and Law Enforcement Act of 1994 specifically prohibited manufacture and sale of:
- Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models)
- Action Arms Israeli Military Industries UZI and Galil
- Beretta Ar70 (SC-70)
- Colt AR-15
- Fabrique National FN/FAL, FN/LAR, and FNC
- SWD M-10, M-11, M-11/9, and M-12
- Steyr AUG
- INTRATEC TEC-9, TEC-DC9 and TEC-22
- revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12
In addition, the bill banned any semi-automatic rifle that can accept a detachable magazine and that also has at least two of the following characteristics:
- a folding or telescoping stock
- a pistol grip that protrudes conspicuously beneath the action of the weapon
- a bayonet mount
- a flash suppressor or threaded barrel designed to accommodate a flash suppressor
- a grenade launcher;
The bill banned any semi-automatic pistol that can accept a detachable magazine that also has at least two of the following characteristics:
- an ammunition magazine that attaches to the pistol outside of the pistol grip
- a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer
- a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the
- nontrigger hand without being burned
- a manufactured weight of 50 ounces or more when the pistol is unloaded;
- a semiautomatic version of an automatic firearm
- Finally, the bill banned any semi-automatic shotgun has at least two of the following characteristics:
- a folding or telescoping stock
- a pistol grip that protrudes conspicuously beneath the action of the weapon
- a fixed magazine capacity in excess of 5 rounds
- an ability to accept a detachable magazine
It should be noted although the Federal ban expired in September 2004, Certain states have maintained restrictions on “assault” type weapons.
Info from NRA (Pre-Heller):
“Assault weapons” are prohibited in Connecticut, New Jersey and New York. Some local jurisdictions in Ohio also ban “assault weapons.” Hawaii prohibits “assault pistols.” California bans “assault weapons”, .50BMG caliber firearms, some .50 caliber ammunition and “unsafe handguns.” Illinois: Chicago, Evanston, Oak Park, Morton Grove, Winnetka, Wilmette, and Highland Park prohibit handguns; some cities prohibit other kinds of firearms. Maryland prohibits “assault pistols”; the sale or manufacture of any handgun manufactured after Jan. 1, 1985, that does not appear on the Handgun Roster; and the sale of any handgun manufactured after January 1, 2003 that is not equipped with an “integrated mechanical safety device.” Massachusetts: It is unlawful to sell, transfer or possess “any assault weapon or large capacity feeding device” [more than 10 rounds] that was not legally possessed on September 13, 1994 and the sale of handguns not on the Firearms Roster. The City of Boston has a separate “assault weapons” law. The District of Columbia prohibits new acquisition of handguns and any semi-automatic firearm capable of using a detachable ammunition magazine of more than 12 rounds capacity and any handgun not registered after February 5, 1977. Virginia prohibits “Street Sweeper” shotguns. (With respect to some of these laws and ordinances, individuals may retain prohibited firearms owned previously, with certain restrictions.) The sunset of the federal assault weapons ban does not affect the validity of state and local “assault weapons” bans.
The states and cities that maintained parts of the ban have caused this ban to live on. Thus the root of the pre-ban / post-ban confusion. Luckily this ban is only in certain geographic areas which have been anti-gun for some time. Perhaps with some more time and decisions out of the Supreme Court, we can get back to normal.
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