Category Archives: Second Amendment

BELLEVUE, Wash., June 20, 2012 /PRNewswire-USNewswire/ -- A ruling overturning part of Chicago's Firearm Ordinance on Second Amendment grounds reinforces the principle that people should not be denied the exercise of their right to keep and bear arms even if they've been convicted of a non-violent misdemeanor, the Second Amendment Foundation said today.

The ruling by District Judge Samuel Der-Yeghiayan relied on a strict scrutiny analysis of that part of the ordinance that prohibited Chicago residents from obtaining a city firearm permit if they have been convicted by a court in any jurisdiction ofan unlawful use of a weapon that is a firearm." But plaintiff Shawn Gowder argued that his misdemeanor conviction for unlawful firearms possession in August 1995 should not prevent him from being able to obtain a city permit. The court noted that Gowder had obtained an Illinois Firearm Owner's Identification (FOID) card, so he was not among the "persons who are not qualified to acquire or possess firearms" in Illinois.

"It's one more victory for the Second Amendment," said SAF Executive Vice President Alan Gottlieb. "This ruling affirms that people should not forever lose their gun rights over simple, non-violent offenses. If we allowed that, pretty soon people would be losing their Second Amendment rights for getting a speeding ticket."

In his ruling, which referred to SAF's winning case, Ezell v. City of Chicago, Judge Der-Yeghiayan significantly noted, "this court finds that the strict scrutiny balancing test would be the most appropriate test to apply in (this) case, since 'the right to possess guns is a core enumerated constitutional right.'"

The judge further wrote, "There is something incongruent about a non-violent person, who is not a felon, but who is convicted of a misdemeanor offense of simple possession of a firearm, being forever barred from exercising his constitutional right to defend himself in his own home in Chicago against felons or violent criminals. The same Constitution that protects people's right to bear arms prohibits this type of indiscriminate and arbitrary governmental regulation."

"We're proud that Judge Der-Yeghiayan referred to the Ezell case in his opinion," Gottlieb said. "We will continue our efforts to win back firearms freedom one lawsuit at a time."

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.

SOURCE Second Amendment Foundation

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SAF Says New Chicago Ruling Bolsters 2A Momentum

By NATASHA KORECKI Federal Courts Reporter nkorecki@suntimes.com June 19, 2012 2:19PM

U.S. District Judge Samuel Der-Yeghiayan | Al Podgorski~Sun-Times

storyidforme: 32356304 tmspicid: 11802822 fileheaderid: 5394098

Updated: June 20, 2012 2:17AM

A federal judge in Chicago on Tuesday struck down a portion of the citys firearm ordinance, calling it unconstitutional.

U.S. District Judge Samuel Der-Yeghiayan ruled in favor of a Chicago man who challenged a section of the citys gun law after he was denied a permit because of a misdemeanor conviction.

Der-Yeghiayan, in a 30-page ruling, called that part of the Chicago Firearm Ordinance unconstitutionally void for vagueness, and said it violated Shawn Gowders right to keep and bear arms under the Second Amendment of the U.S. Constitution.

Gowder had filed a federal lawsuit challenging a portion of the ordinance that bars a person from obtaining a Chicago firearm permit if that person has been convicted in any jurisdiction of an unlawful use of a weapon that is a firearm. Under Chicago municipal code, it is unlawful for someone to possess a firearm without a Chicago firearm permit.

In Gowders case, he had been convicted in Illinois in 1995 with the unlawful use of a weapon. He was not accused of discharging a weapon illegally, however, but only with the possession of a firearm. At the time, the charge was a felony. But that law was challenged, according to the federal court opinion, and Gowders conviction was downgraded to a misdemeanor.

The only thing that Mr. Gowder did was to own a firearm as he was entitled to do under the Second Amendment. As a result of that he was treated as a criminal by the City of Chicago when all he did was exercise his fundamental Second Amendment rights, said his attorney, Stephen A. Kolodziej. We think the City of Chicagos actions in denying Mr. Gowder a firearm permit were punitive and draconian as well as violative of his Second Amendment right to keep and bear arms.

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Judge strikes down part of Chicago gun law as unconstitutional

By Joe Hallett

Columbus Dispatch Tuesday June 19, 2012 4:34 AM

Youre a first-time candidate for the Ohio legislature, and a survey arrives in the mail from the National Rifle Association.

Failure to answer the 29 questions and return the survey can be interpreted by our membership as indifference, if not outright hostility, toward Second Amendment-related issues, a cover letter warns.

Then come fancy pledge certificates from Americans for Tax Reform and U.S. Term Limits to sign promising that youll never support a tax increase or vote against term limits.

Your mailbox is deluged with questionnaires from Ohio Right to Life, Ohio ProLife Action, Democrats for Life of Ohio and Planned Parenthood wanting to know how you would vote on abortion issues.

The surveys and pledges keep coming a dozen, two dozen, three dozen. You look at the 75 questions from the Ohio Christian Alliance asking how you feel about teaching the Bible in school and adoption of children by homosexuals. You sigh deeply and wonder, Now why do I want to be a state legislator?

Candidates across the country are under siege from special-interests groups seeking adherents to their causes, dangling incentives for those who jump aboard and implied threats against those who dont. Business groups and labor unions, nurses and restaurateurs, sportsmen and environmentalists they all want to know: Are you with us, or are you against us?

The right answer might fetch you an endorsement or maybe a campaign contribution. The wrong answer could make you the target of an attack ad.

We all know examples of someone ending up in a TV commercial, said state Rep. Jay Hottinger, a Newark Republican and a 17-year legislator.

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Advocacy groups ask candidates to commit

Here's something you won't hear from the National Rifle Association: The Second Amendment is fading as a wedge issue in American politics, gun owners are winning, and President Barack Obama is doing little to alter the scales.

Nearly one in two Americans now has a gun in the home and just 26 percent favor an all-out ban on handguns, down from 60 percent in 1959, according to a recent Gallup survey. The number of Americans who support tighter gun laws is at an all-time low.

And Obama?

Gun talk has been almost anathema at the White House. Obama signed a bill in 2009 that allows people to carry loaded guns into most national parks; in 2011, he largely avoided a discussion to the anger of many gun control activists about strengthening gun laws following the shooting of Arizona Rep. Gabrielle Giffords.

We couldn't find a word about gun policies on Obama's re-election website.

Yet, that's not what the NRA is focused on as it campaigns against Obama in 2012.

In a new campaign mailer the contents of which we expect to be repeated in emails and at dinner tables the gun rights group is casting Obama as a gun control crusader who is "coming for our guns."

PolitiFact decided to put some of the NRA's latest claims to the Truth-O-Meter.

The gun rights group says Obama supported former Massachusetts Sen. Edward Kennedy's proposal "to outlaw all deer-hunting ammunition."

That's False.

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NRA claim that Obama is 'coming for our guns' way off target

Here's something you won't hear from the National Rifle Association: The Second Amendment is fading as a wedge issue in American politics, gun owners are winning, and President Barack Obama is doing little to alter the scales.

Nearly one in two Americans now have a gun in their home and just 26 percent favor an all-out ban on handguns, down from 60 percent in 1959, according to a recent Gallup survey. The number of Americans who support tighter gun laws is at an all-time low.

And Obama?

Gun talk has been almost anathema at the White House. Obama signed a bill in 2009 that allows people to carry loaded guns into most national parks; in 2011, he largely avoided a discussion to the anger of many activists about strengthening gun laws following the shooting of Arizona Rep. Gabrielle Giffords.

We couldn't find a word about gun policies on Obama's re-election website.

Yet, that's not what the NRA is focused on as it campaigns against Obama in 2012.

In a new campaign mailer the contents of which we expect to be repeated in emails and at dinner tables the gun rights group is casting Obama as a gun control crusader who is "coming for our guns."

PolitiFact decided to put some of the NRA's latest claims to the Truth-O-Meter.

The gun rights group says Obama supported former Massachusetts Sen. Ted Kennedy's proposal "to outlaw all deer-hunting ammunition."

That's False.

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Is the NRA right that Obama is 'coming for our guns'?

IRVINE, CA--(Marketwire -06/14/12)- First Foundation Bank ("FFB"), and its parent holding company, First Foundation Inc. ("First Foundation" or "FFI"), and Desert Commercial Bank (DCB) (DCBC), announced today that on May 30, 2012, the second and third amendments to the definitive agreement and plan of merger under which FFB will acquire DCB were completed. The second amendment extends the termination date from June 30, 2012 to August 15, 2012. The third amendment, which requires the approval of DCB's shareholders, changes the date in the section regarding the registration and listing of FFI shares from April 30, 2013 to October 31, 2013.

Scott F. Kavanaugh, CEO of FFI and FFB, stated, "Changes in the regulatory environment brought about by the Dodd Frank Act have led to unexpected delays in the regulatory approval process. The second amendment provides additional time for our regulators to finish their review of our merger application."

Tony J. Swartz, President and CEO of Desert Commercial Bank, commented, "We understand the need for the additional time to complete this process and we continue to work with FFB in the regulatory review and approval process. We have also distributed a proxy to our shareholders asking for their approval of the terms of the third amendment with our recommendation that they approve these terms."

About First Foundation

First Foundation is a financial institution with over twenty years of experience that provides integrated investment management, wealth planning, consulting, trust and banking services. The company is headquartered in Irvine with offices in Irvine, La Quinta, Pasadena and San Diego, California. First Foundation Bank is a wholly-owned subsidiary of First Foundation Inc. For more information, please visit our website at http://www.ff-inc.com.

About Desert Commercial Bank

Established in June 2005, Desert Commercial Bank is a community bank supported by hundreds of local investors in the Coachella and Imperial Valleys. The goal of DCB's Founders was to build a locally owned and managed institution that reflected the broad interests and people of the communities it serves. FFB intends to continue and enhance that tradition. Headquartered in Palm Desert, DCB has offices in Palm Desert and El Centro. For more information, please visit our website at http://www.desertbanking.com.

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First Foundation Bank and Desert Commercial Bank Announce Amendments to Their Merger Agreement

The U.N. Arms Trade Treaty (ATT) will be negotiated in New York in July. In October 2009, the Obama Administration reversed the previous Administrations position and decided to support the negotiation of the Treaty. One reason to be concerned about the Treaty is its potential effect on rights protected in the U.S. under the Second Amendment. Senator Jerry Moran has led the way in expressing these concerns. Last summer, he led 44 of his colleagues in notifying President Obama and Secretary of State Clinton of their intent to oppose the ratification of any ATT that in any way restricts Americans Second Amendment rights. In March, he introduced the Second Amendment Sovereignty Act of 2012, which would bar funding for any ATT that would restrict Second Amendment rights, and, in late May, working with Senator Jon Tester (D-MT), he offered a similar amendment which passed by a voice vote to the FY 2013 State, Foreign Operations and Related Programs Appropriations Bill.

Join us as Senator Moran discusses his concerns with the ATT, reviews the Senates determination to protect Second Amendment freedoms and U.S. sovereignty, and offers a look ahead at one of the most important and contentious international negotiations of 2012.

Senior Research Fellow in Anglo-American Relations Read More

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Loving memories

Your recent articles about Alzheimers were sad yet beautiful. Victims leave beautiful, loving and caring memories. Alzheimers robs many people of everything.

I am without a husband. Fredrik Malmborg lived until December 31, 2011. He was 81.

His Alzheimers began in 2004. It was a slow, painful decline. He was a school teacher, remembered by many. I was the one who sang to him up to a few months before his passing. He never complained. We leaned on each other; best friends do that. Only those who have lost relatives to Alzheimers can comprehend the pain. Speeding up the studies and cure of the horrid disease certainly should have precedence over fighting wars. We can pray, someday, tax dollars will go to valuable causes.

Jessie Malmborg

Fort Kent

Regarding the May 25th article False Statement by Cynthia Dill accusing David Trahan of misstating her position on gun control. She claims her statements consistently support the Second Amendment.

I do not know David or Cynthia. What I do know is that Senator Dill chooses to avoid her stand on the Second Amendment by using the excuse that jobs and the economy are much more important. Then goes on to blame the NRA for passage of laws that support Second Amendment rights. Then states there is a difference between a vigilante and a sportsman. I would like to remind the Senator that the Second Amendment does not mention vigilantes, sportsmen or hunting. It clearly states the right to keep and bear arms.

Regarding her statement allowing Mainers to take the law into their hands during an emergency: While our police departments are trained professionals, they cannot always be there when you need them, especially in rural areas. Human beings have a hard-wired program for self protection; for fighting back; for safeguarding their families and communities. As Americans thats why we preserve armed self-defense as part of our Second Amendment protections. Gun control provides overwhelming advantage to criminals; their unarmed victims

cannot fight back.

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Saturday, June 9, 2012: Alzheimer’s, the east-west highway and Cynthia Dill

Pro-choice advocates once argued that a womans decision to undergo a medical procedure should be a private-health matter between her and her doctor. But health concerns arent only about physical health.

Emotional, mental, and psychological states are also health issues when inconvenience, and/or anxiety (including anxiety over the sex of her unborn child) are considerations in her decision to have an abortion.

And the issue, originally framed as a womans right to have a life-saving procedure, has become a constitutional right to have an abortion for any health-related rationale.

If five Justices with advanced law degrees can find abortion-rights hidden within the Constitution, then gun-rights is apparent to anyone with a pulse.

When we come to the Second Amendment to the United States Constitution, we clearly see A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

This is explicit language that states what the federal government shall not do in respect to a specific right of the people.

But the Left opposes applying this Right to the people.

Theyre the same people who were thrilled to have discovered within the implied langauge a womans right to abortion on demand, even though the Tenth Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Supreme Court has no power to infringe the states power to regulate abortion.

Since Illinois anit-gun-rights legislators choose to ignore the explicit language of the Constitution when crafting Illinois gun laws, the Supreme Court should rule and deem gun rights a private-security matter between law-abiding citizens and criminals.

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LETTER: 2nd Amendment goes beyond home

Shade the asphalt

Several weeks ago, Camden celebrated Arbor Day and its 17th year as a Tree City USA, honoring the urban canopy provided by the nearly 50 years of planting shade trees along town streets. The Camden Garden Club, the town itself and many residents and donors have contributed these many trees, inspired by the loss of the towns great elms in the mid 70s.

The trees provide many services to the town: green-ness, fresh clean air, beauty, softening of the hard lines of brick and mortar. They add value to the homes on the town streets. But most significantly, and sometimes forgotten, they provide a cooler town in the summer, when they shade dark roofs and asphalt streets, driveways and parking lots, sheltering the dark surfaces that otherwise absorb and radiate the suns heat into the surrounding air. The difference in surrounding air can be as much as 45 degrees F sun on black asphalt versus shade on grass. Try walking along a shady street on a hot day and feel the heat blast when you come to an open treeless area.

We are talking about becoming an even more walkable town than we already are, so it will make sense to work on getting more shade trees into our downtown area and along our streets, especially on the more southerly sides of streets. We can be thinking about where we need them this summer, on the hot days.

Beedy Parker

Camden

In the weekend BDN, May 26-27, Maine Sen. Cynthia Dill of Cape Elizabeth claims a letter-writer lied about her position on firearms ownership. Then Dill makes plenty of false statements, herself.

First, she says she never called Maine gun owners vigilantes and that she supports the Second Amendment. Oddly, everything she says in the letter from that point does, indeed, call Maine gun owners dangerous vigilantes.

Dill claims that special interest groups (read here the NRA) hijack government for their own purposes, and that our legislative priorities should not be widening access to assault rifles designed to rapidly kill people. Those are strange words, coming from a supporter of the Second Amendment.

If that were not enough, Dill speaks of her fear of allowing Mainers to take the law into their own hands during an emergency or carry guns into workplaces or public buildings such as the State House.

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Friday, June 1, 2012: Shade trees, the Second Amendment and east-west highways