Also in this issue: l Supreme Court declines to hear gun rights cases l Will pilots get guns

The Gottlieb-Tartaro Report
Issue 091
July, 2002


POLL ON SECOND
AMENDMENT: AN INDIVIDUAL RIGHT

 

A recent Zogby International poll commissioned by the Second Amendment Foundation shows an overwhelming majority of American voters (75%) support the BUSH/ASHCROFT Department of Justice’s accurate view that the Second Amendment protects an individual right to keep and bear arms.

 

The poll showed that, while Republicans were most likely to share this view (84%), a solid majority of Democrats (65%) also supported the BUSH administration’s policy.

 

Zogby asked respondents, “Do you agree or disagree with the current Justice Department’s position that the Second Amendment guarantees you the individual right to keep and bear arms?”

 

The poll included 1,015 likely voters and had a margin of error of plus-or-minus 3.2 percentage points.

 

The CLINTON administration’s position that the Second Amendment protects only a “collective” right of states to maintain militias has now been repudiated not only by the BUSH Justice Department, but also by a majority of the electorate, according to the poll results.

 

“Even among Democrats, senior citizens and the middle class, large majorities do not accept the so-called ‘collective right’ theory promoted by the most ardent gun grabbers,” said ALAN GOTTLIEB, founder of the Second Amendment Foundation. “This poll indicates that anti-gunners are not even in-step with their traditional core groups.”

 

The Zogby poll explains why numerous Democrats are trying to distance themselves from the perception that the Democratic Party is synonymous with gun control, some honestly, others purely to gain undeserved votes.

 

Even as anti-gun extremism continues to fall out of favor with the general public, the most visible and vocal Democrats -- including Senate Majority Leader TOM DASCHLE (SD), House Minority Leader DICK GEPHARDT (MO), U.S. Senators HILLARY CLINTON (NY), DIANNE FEINSTEIN (CA), TED KENNEDY (MA), and CHARLES SCHUMER (NY), and U.S. Representatives DAVID BONIOR (MI) and JOHN CONYERS (MI) -- are among the most strident advocates of gun control.

 

However, long-time pro-gun Democrats in Congress -- including Senator ZELL MILLER (GA), Representatives JOHN DINGELL (MI), IKE SKELTON (MO), CHARLES STENHOLM (TX), COLLIN PETERSON (MN), and TED STRICKLAND (OH), to name just a few -- may be poised to take a greater role in directing the course of their party when it comes to firearms.

 

With public agreement on the individual right to keep and bear arms, we are likely to see increasing numbers of candidates faking “pro-gun” positions and scurrying to disguise their anti-gun records.

 

The example of former Philadelphia mayor ED RENDELL in his run for Pennsylvania Governor is instructive. A blatantly anti-gun advocate who pioneered the current anti-firearms industry lawsuit campaign, RENDELL now says he’s “pro-gun.” Few believe his sudden conversion.

 

Gun rights supporters need to be informed before going to the polls.

 

CINCINNATI’S ANTI-INDUSTRY LAWSUIT MAY COST TAXPAYERS A BUNDLE

 

LAWRENCE G. KEANE, general counsel for the National Shooting Sports Foundation, recently told the Cincinnati City Council that its lawsuit against gun makers may come at a “staggering” cost.

 

The city has a $27 million budget deficit, yet authorized the payment of up to $100,000 in expenses, including $25,000 to the anti-gun Brady Center. The total cost of the lawsuit could be over $1 million.

 

Councilman CHRIS MONZEL made a motion to kill the 3-year-old lawsuit, but the Law and Public Safety Committee did not pass it.

 

A 4-3 Ohio Supreme Court decision last month reversed lower court rulings dismissing the city’s case. Now the lawsuit can continue to the evidence gathering phase. The city’s chances of winning are seen as poor, given the record of most other municipal lawsuits against the firearms industry.

 

U.S. SUPREME COURT DECLINES TO HEAR GUN RIGHTS CASES

 

Without commenting on the issue, the Supreme Court recently refused to review two appellate court rulings: one, the Emerson case, asserting that “the right to keep and bear arms” specified in the Second Amendment is an individual right; the other, the Haney case, denying there is any personal right to own guns.

 

Last October the Fifth U.S. Circuit Court of Appeals based in New Orleans declared in the Emerson case that the right to have guns is not confined to the militia, but is a “right of individuals to possess and bear their own arms.”

 

The ruling cleared the way for trial of a San Angelo, Texas doctor, TIMOTHY JOE EMERSON, on charges that he had a pistol while under a court order barring him from threatening his estranged wife and their daughter. The appeals court recognized EMERSON’s personal right, but said the amendment was not violated in his case because there was a clear need to keep guns away from those who pose a “credible threat” to others. EMERSON was cleared of the threat charge in state court.  The EMERSON case has yet to go back to trial in the lower federal court.

 

In the case of JOHN LEE HANEY, the 10th U.S. Circuit Court of Appeals based in Denver, ruled that a gun control law does not violate the Second Amendment “unless it impairs the state’s ability to maintain a well-regulated militia.” The court added that the militia is “a government organization,” not individuals possessing their own guns.

 

By letting the EMERSON case stand, the Supreme Court has given powerful support to the original meaning of the Second Amendment as an individual right.

 

TOUGHER SENTENCES APPROVED FOR GUN CRIMES

 

The U.S. Supreme Court ruled that judges can lengthen the prison sentences of defendants who use guns while committing other crimes, even if not convicted of any charge specifically involving the firearm.

 

The 5-4 decision avoided overturning prison sentences of thousands of inmates.

 

MOTHER OF SHOOTING VICTIM SUES GUN MAKER BUT NOT SHOOTERS

 

JOAN TRUMAN SMITH, mother of ANITA SMITH, a murder victim in a Wendy’s shooting two years ago, has sued BRUCE JENNINGS, whose family owns the company that made the Bryco/Jennings Model J-38 .38-caliber semiautomatic pistol used by the murderers. SMITH did not file any legal action against convicted murderer GRAIG GODINEAUX or murder suspect JOHN TAYLOR, awaiting trial in the SMITH case.

 

HOUSE GETS BILL TO ARM 250 AIRLINE PILOTS

 

A House bill has been reported for floor vote that would allow 250 airline pilots to carry guns during a two-year experimental program, far fewer than originally planned.

 

The plan is a compromise reached to address the concerns of some members of Congress that arming pilots might endanger passengers or other crew members.

 

Airline pilot unions have lobbied aggressively for the right to have guns in the cockpit since the September 11 terrorist hijackings.

 

The compromise measure would create a two-year program to arm an initial 250 pilots and direct the Transportation Security Administration (TSA) to develop a training program for pilots similar to the federal air marshal program.

 

Several House Democrats who originally opposed arming pilots now support the House bill because it would arm a small number of pilots and requires a study of the risks if a bullet hit the aircraft’s electrical systems.

 

TSA chief JOHN W. MAGAW and the White House oppose the idea of arming pilots, saying they should focus on flying the airplane.

 

Polls show 75 percent of Americans are in favor of arming pilots, but some media mouths will say anything to knock guns. ABC News senior analyst COKIE ROBERTS was quoted by the Media Research Center as saying, “Having some pilot who’s gone off his nut for some reason running around with a gun does not make me feel safe.”

 

Columnist PETER BRONSON retorted, “The media lives in Cokieland, where pilots are all teetering on the dime’s edge of lunacy, ready to go tower-shooter berserk if they get near a gun.”

 

Similar legislation in the Senate is awaiting action.

 

BATF NOT PART OF THE HOMELAND SECURITY PROPOSAL

 

The Bureau of Alcohol, Tobacco and Firearms, the agency responsible for tracking the country’s guns and explosives, isn’t included in the White House plan to create a Cabinet agency for homeland security.

 

GORDON JOHNDROE, a spokesman for the White House’s Office of Homeland Security, said, “BATF’s primary role of a law enforcement agency didn’t meet threshold requirements. Their functions were not considered primarily a homeland security mission.

 

The BATF will stay at its current home within the Treasury Department, even though it has participated in high-profile investigations involving terrorist attacks in recent years.

 

Two other Treasury units, the Customs Service and the United States Secret Service, would be moved out of Treasury and folded into the new Homeland Security Department.

 

Congress may still shift BATF into the new Homeland Security Department, or even to the Justice Department. Such a big proposal could have unexpected results.

 

The nation’s largest intelligence operations, including the FBI, CIA and the National Security Agency, would remain separate.

 

SEN. JOHN McCAIN PLANS TO FORCE GUN SHOW VOTE

 

Sen. JOHN McCAIN and Sen. JOE LIEBERMAN want their gun show bill, S. 890, to go to a vote as soon as possible, touting it as a way to help control terrorism.

 

With President BUSH’s Department of Homeland Security bill on the front burner, McCAIN and LIEBERMAN may even be thinking about amending it with their S. 890 -- there’s nothing much else on the schedule they could attach their bill to.

 

The Democrats don’t want any gun votes before the election, given poll results on the Second Amendment as an individual right and on arming pilots.

 

According to MSNBC, the BUSH administration opposes the bill and practically dares the Democrats to make it an issue in the fall. Most of the key Senate races are in rural states where gun control does not play well.

 

ARIZONA COURT DEALS BLOW TO GUN OWNERS

 

Division Two of the Arizona Court of Appeals has authorized the City of Tucson to regulate the private transfer of firearms at gun shows on private property, contrary to the state’s preemption statute prohibiting cities and counties from regulating the sale of firearms. The decision overturns a well-reasoned finding by the Pima County Superior Court earlier this year that prohibited such local regulation.

 

CALIFORNIA BULLET TAX PASSES SENATE COMMITTEE

 

The Senate Health and Human Services Committee has passed California State Constitutional Amendment 12, a measure that would levy a five cent tax on every bullet sold in the state.

 

The measure is unlikely to become law, since a constitutional amendment must not only pass both houses of the legislature by two-thirds majorities, but must also face a vote of the people. Even in California, that’s a long shot.

 

Also on the legislative docket are Senate Bill 682 (introduced by Sen. DON PERATA (D-09), who also introduced the bullet tax amendment) and Assembly Bill 496 (PAUL KORETZ, D-24), bills that would strip firearms manufacturers of current protection in state law granting them limited immunity from being sued. The limited immunity law has been on the books since 1983.

 

DELAWARE GUN LOCK BILL TABLED

 

A proposed law requiring gun dealers to include locking devices in all handgun sales was recently tabled in Delaware’s state Senate amid criticism that it would do little to increase gun safety.

 

Sen. GARY SIMPSON (R-Milford) characterized the bill as “feel-good legislation” that would give people a false sense of security.

 

KAREN FISCHER of the Million Mom March was disappointed that senators didn’t vote on the measure.

 

NEW HAMPSHIRE TOWN DROPS “GUN-FREE ZONE” PLAN

 

The City of Laconia has decided to abandon the concept of creating a “gun-free zone” during an upcoming celebration called “Bike Week.”

 

Laconia City Manager EILEEN CABANEL said the decision was made after the city’s attorney, WALTER L. MITCHELL, conducted research and found that such a zone could be struck down as preemptive of state law.

 

Police Chief BILL BAKER, who had suggested the ban, said he received hundreds of calls, letters and e-mails from those opposed to any restrictions on Second amendment rights during the annual event which draws 350,000 to the state.

 

He said his hope was that a “gun-free zone” would reduce the risk of violence at this year’s events, particularly between rival biker organizations who have backed away from a standing truce, and have resorted to bloodshed across the nation.

 

NEW MEXICO HIGH COURT UPHOLDS PREEMPTION

 

The New Mexico Supreme Court has ruled that allowing localities to deny state Right To Carry (RTC) permits is a violation of the state Constitution and the right to keep and bear arms. The ruling overthrew a 2001 law allowing concealed carry, but permitting cities and counties the option of banning concealed weapons in their jurisdictions. The high court ruled that only the local option was unconstitutional, but threw out the entire law. State legislators are expected to rewrite the concealed carry law without the faulty provisions.

 

Pennsylvania city restricts gun sales

 

The Pittsburgh, Pennsylvania, City Council has approved 6-2 a zoning code amendment outlawing gun sales in retail areas nearest residential neighborhoods. Sporting goods stores may refuse to locate facilities in the newly restricted areas because they would not be allowed to sell firearms.

 

CYPRUS COPS ISSUE GUNS

 

In Nicosia, Cyprus, getting a gun is as simple as going down to your local police station and being sworn in as a “special constable.”

 

But maybe not for long. Attorney-General ALECOS MARKIDES says it’s an abuse of power that has gone on for decades. “It should stop being applied and all appointments of special constable should be revoked.”

 

Cyprus President GLAFCOS CLERIDES has made it clear he wants police to curb the practice, since it gives people ranging from businessmen to pimps not only a police pistol, but also the authority to arrest and detain others on the pretext that their lives are at risk.

 

ARMED ISRAELI SHOPKEEPER KILLS ARAB TERRORIST

 

An Arab terrorist infiltrated the Israeli community of Shavei Shomron, throwing grenades and shooting at residents, including kindergarten children. He ran from the kindergarten and opened fire at several residents and homes before DAVID ELBAZ, owner of the local mini-market, gave chase and killed him with gunshots. Officers who responded to the scene found several explosive devices that the terrorist had intended to detonate during the thwarted attack.

 

POLAND CRIME RATE SPURS GUN SALES

 

Applications for firearms licenses in Poland leapt by 40 percent during the past year, according to government statistics. Observers say the rise was prompted by soaring crime figures over the whole of Poland. Some 80 percent of Poles have suffered or witnessed a break-in, pick-pocketing or assault.

 

At the moment, about 30,000 Poles have a firearms license and 200,000 can legally carry gas pistols and blank-firing guns. Police believe that another 200,000 people own firearms illegally.

 

BRITAIN BLOCKS EXPORT OF BULLETS TO ISRAEL’S NATIONAL SHOOTING TEAM

 

Britain’s Department of Trade and Industry (DTI) refused to grant an export license for 350,000 rounds of .22-caliber sporting ammunition needed by Israel’s national shooting team, disrupting the squad’s preparations for the upcoming world shooting championships in Finland.

 

The DTI wrote in a letter to ammunition maker Eley of Birmingham, “There is a clear risk that the ammunition might be used for internal repression, external aggression, prolonging the conflict and the risk that the goods might be diverted to an undesirable end user.”

 

Israel lodged a protest with the British Embassy, pointing out that .22-caliber sport shooting bullets are not really combat grade ammunition.

 

2-PART SMART GUN SYSTEM DEVELOPED BY BELGIAN ARMS PRODUCER

 

ROBERT SAUVAGE, spokesman for FN Herstal, a Belgian firearms company, said recently that his company has made a prototype of a “smart gun” that uses an electronic recognition device attached to the owner, which the gun would be able to recognize. He said production could begin in three years. The cost of such a weapon may be about 20 percent more than conventional guns. FN Herstal said it has received about $20 million from the U.S. Department of Justice to develop the firearm.

 

AUSTRALIAN GOVERNMENT MAKING UNANNOUNCED HOME SEARCHES FOR ILLEGAL GUNS

 

Police in Melbourne, Australia, are conducting “door knocks” searches for unregistered weapons after the end of the national gun amnesty in March. The amnesty followed the introduction of a repressive licensing regime in the aftermath of a notorious shooting in Port Arthur in 1996. Persons illegally holding firearms can incur fines of up to $24,000 or four years in prison. “There is no more Mr. Nice Guy,” said police spokesman Senior Constable ROB PUGH. More than 2000 firearms were surrendered to the government during the amnesty.

 

HILLARY USED TO BE A HUNTER. YOU BELIEVE THAT, DON’T YOU?

 

During a Memorial Day campaign swing though upstate New York, Senator HILLARY RODHAM CLINTON announced that she used to be a duck hunter. We’ve heard a lot of pandering from H, but this story is over the top.

 

Long Island’s Newsday reported a CLINTON reception in the tiny village of Fort Ann, N.Y. Resident HOLDEN CLAUS, a gun owner, asked the Senator why she favored repressive laws on gun shows. HILLARY replied that it was a logical safety measure to keep guns out of the hands of criminals, and, just to show these rural voters what a good ol’ country boy she really was, said she had once hunted.

 

Newsday said she amplified her remark later, saying, “It was ducks and a long time ago.” The Senator didn’t expand on what kind of shotgun she used, how many ducks she killed, or any other details of her game fowl hunting career.

 

But Carl Limbacher and the NewsMax.com staff compared this campaign claim to a few others she’s offered over the years:

 

l She once tried to enlist in the Army but was turned down because she was too old.

 

l During her senatorial campaign she magically transformed into a Jewish New York Yankees fan.

 

l In 1996 she announced that at the age of 49, she and President CLINTON were thinking of adopting another child.

 

l Her parents named her after famed New Zealand mountain climber Sir Edmund Hilary, even though nobody had heard of him because he didn’t scale Mt. Everest until five years after she was born.

 

If she runs for president, maybe she’ll become a vast right wing conspirator.