Supreme Court Update: McDonald v. City of Chicago

Posted on by Buckeye Firearms Association

By Ken Hanson, Esq.

Chicago and Oak Park have filed their brief (http://www.chicagoguncase.com/wp-content/uploads/2009/12/08-1521-bs.pdf) with the U.S. Supreme Court in the McDonald v. Chicago Second Amendment case. By way of review, this case will decide whether the Second Amendment to the U.S. Constitution applies against the states, a process also known as Incorporation. Originally, the Bill of Rights and the Constitution served as restrictions against the Federal Government only. With the passage of the 14th Amendment to the U.S. Constitution, Constitutional rights and restrictions were now to be applied equally against the states.

To date, the law is that the Second Amendment does not apply to the states. The McDonald case seeks to change this, and asks the SCOTUS to Incorporate the Second Amendment against the states for the first time. Buckeye Firearms Foundation, the 501c3 charity associated with Buckeye Firearms Association, teamed up with the United States Concealed Carry Association to file an Amicus brief in support of incorporation. This brief was filed back in November, and it is now the time when Chicago/Oak Park and their amici supporters will be filing their briefs. The case is set to be argued March 2, 2010 with a decision expected in late June or July.

While the McDonald case is, at the core, a simple Incorporation case, a much larger battle is being waged within the pages of the pleadings in the case. At issue (indeed, more so than the question of ‘whether to Incorporate’) is a battle over HOW to Incorporate.

Ohio Attorney General Candidate Dave Yost visits Xenia

Posted on by Buckeye Firearms Association

By Larry S. Moore

Dave Yost (R-Delaware) made a campaign swing through southwestern Ohio on Tuesday January 5. Xenia was one of several stops. Despite the cold temperatures and snowy conditions, over forty area conservatives turned out to welcome the man they hope will become the next Ohio Attorney General.

State Representative Seth Morgan (R-Huber Heights) presented a brief status update regarding the Ohio House and introduced Yost to the enthusiastic crowd. Yost presented the reasons he decided to run for Ohio Attorney General, noting that he is the only conservative candidate in the race.

Yost easily addressed the issues and answered questions. When asked about the Second Amendment, he quipped, “That is part of the Constitution I am sworn to uphold.” He then explained that he supports concealed carry noting the background check process is working. Yost indicated he favors allowing concealed handgun license holders to more freely carry in more places.

An End to the Lautenberg Amendment?

Posted on by Buckeye Firearms Association

By Jeff Knox

The Federal Court of Appeals for the 7th Circuit recently accepted the Second Amendment as valid grounds for reversing a conviction under the infamous Lautenberg Amendment, barring possession of firearms from anyone ever convicted of a misdemeanor crime of domestic violence.

That’s good news, but don’t fire up the band just yet. The actual conclusion of the 7th Circuit panel was that prosecutors had failed to effectively argue that Lautenberg does not violate the Second Amendment – which is a far cry from declaring the law unconstitutional and throwing the case out.

Mayors Against Illegal Guns’ poll proves just one thing: We still have work to do

Posted on by Buckeye Firearms Association

By Jeff Knox

Mike Bloomberg and his Mayors Against Illegal Guns (MAIG) caused quite a stir in the gun rights community recently when they released a poll declaring that gun owners and NRA members support the group’s gun control agenda. The poll was conducted by Frank Lutz’s company “Word Doctors.” The media gleefully reported the poll as indisputable fact while NRA and others cried “Foul,” pointing out flaws in the pollster’s methodology and challenging the results.

The flaws and distortions are undoubtedly real, but it is important for rights activists to carefully examine this poll to find data we can use to help our cause. In spite of its flaws, this poll demonstrates a serious failure on the part of rights groups and supporters in efforts to educate our less activist brethren. We’re not preaching to the choir enough and not getting the right messages through to them.

California Microstamping Law Not In Effect

Posted on by Buckeye Firearms Association

Flawed Technology Remains Encumbered by Patents

Firearms microstamping, signed into law by Gov. Arnold Schwarzenegger (R-Calif.) in October 2007 and slated to take effect this New Year’s Day (2010), is not in effect since the technology remains encumbered by patents. Microstamping — the process by which firearms manufacturers would have to micro laser-engrave a gun’s make, model and serial number on two distinct parts of each gun, including the firing pin, so that in theory the information would be imprinted on the cartridge casing when the pistol is fired — must be certified as patent-free by the California Department of Justice before the law can go into effect.

Though microstamping cannot be certified because the technology remains covered by patents, last month the California Department of Justice issued proposed regulations for the technology, a move that was questioned by the National Shooting Sports Foundation (NSSF) — the trade association for the firearms industry.

THANK YOU: Buckeye Firearms Association enjoys record year in midst of recession

Posted on by Buckeye Firearms Association

By Jim Irvine

The past year was another record year for Buckeye Firearms Association. Our political action committee (PAC) received more donations from more people than in any other year in our history. While we did spend a considerable sum, it was not a record for spending because it was not an election year. That has resulted in a nice “war chest.” We will need all of it and more before the year is out.

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