Bill of Rights

Chicago Restrictions To Gun Ranges Ruled Unconstitutional

The City of Chicago lost yet another court battle versus gun “rights.” From a news release yesterday on the website of the Second Amendment Foundation:

A three-judge panel of the Seventh U.S. Circuit Court of Appeals today handed the Second Amendment Foundation a victory in its challenge of firearms regulations in the City of Chicago, striking down a zoning provision, reversing an earlier ruling that upheld “distancing” restrictions for gun ranges, and reversing an earlier ruling that upheld certain age restrictions.

Writing for the court, Judge Diane S. Sykes noted, “To justify these barriers, the City raised only speculative claims of harm to public health and safety. That’s not nearly enough to survive the heightened scrutiny that applies to burdens on Second Amendment rights.”

“We are delighted with the outcome of this lengthy case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The extremes to which the city has gone in an attempt to narrow its compliance with the Supreme Court ruling in McDonald v. City of Chicago can only be described as incredible stubbornness. In the 6½ years since the high court ruling in our McDonald case, the city has had ample opportunity to modify its regulations. Instead, Chicago has resisted reasonableness.

“We had already sued Chicago successfully to knock down its outright ban on gun ranges within the city,” he recalled. “Then they adopted new regulations that included the zoning, distancing and age restrictions that we contested in this legal action, known as ‘Ezell II.’

“The city tried to severely limit where shooting ranges could be located, and they failed,” he continued. “The city put up arguments about the potential for gun theft, fire hazards and airborne lead contamination, and they failed. Even the judge’s opinion today noted that the city had ‘produced no evidentiary support for these claims beyond the speculative testimony of three city officials.’ This nonsense has got to stop

(Editor’s note: Bold added for emphasis)

The “nonsense” Gottlieb speaks of is well-documented on the Chicago Tribune website this morning. From the Associated Press article:

Chicago has suffered a string of defeats in its efforts to restrict guns, which top officials have cited as a major reason for a sharp rise of violence in the city.

The U.S. Supreme Court forced the city to rewrite its firearms ordinance in June 2010, which had banned the ownership of guns in the city. In response, the city came up with an ordinance outlawing the sale of firearms in the city.

A judge ruled in 2014 the city’s ban on gun shops violated the Constitution.

Chicago imposed a blanket ban on shooting ranges in 2010. The Court of Appeals struck down the ban in 2011, prompting the city council to pass ordinances accomplishing the same thing. The Second Amendment Foundation and others took the city to court over the ordinances in 2014.

Sounds like City Hall could really use a refresher course on the U.S. Constitution.

Plus, how much more of the taxpayer dime was blown on this latest anti-Bill of Rights legal activity?

By Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

Source:

Associated Press. “Appeals court rules restrictions to gun-ranges in Chicago are unconstitutional.” Chicago Tribune. 19 Jan. 2017. (http://www.chicagotribune.com/news/local/breaking/ct-chicago-gun-range-restrictions-20170118-story.html). 19 Jan. 2017.

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Thursday, January 19th, 2017 Firearms, Government, Gun Rights, Hunting, Legal, Self-Defense, Shooting Sports, Training Comments Off on Chicago Restrictions To Gun Ranges Ruled Unconstitutional

Quotes For The Week

“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.”

-U.S. Constitution, Amendment II

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes-the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia…”

(Editor’s note: Bold added for emphasis)

-Militia Act of 1903 (also known as “The Efficiency in Militia Act of 1903” and “Dick Act”)

Ҥ311. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are-
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

(Editor’s note: Bold added for emphasis)

-U.S. Code (consolidation and codification by subject matter of the general and permanent laws of the United States), Title 10, Chapter 13, Section 311

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

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Tuesday, December 8th, 2015 Firearms, Government, Gun Rights, Hunting, Legal, Quote For The Week, Self-Defense, Shooting Sports Comments Off on Quotes For The Week

SP Intel Report- October 27, 2015

Chicago

Saw the following on Channel 7 news earlier today:


“Racially-Charged Sign Posted At Pilsen Coffee Shop”
ABC7 Video

If this is for real, I can only imagine the outrage if the sign had said “Black People Out…” or “Mexican People Out…” But since it targeted “White People” in America of 2015, it’s okay then (wink).

I’m going to go out on a limb here and predict that as the U.S. financial crash draws closer, racial violence will pick up. Wish it weren’t so, but history will probably rhyme here.

National

President Obama’s in town this raining evening. Earlier Tuesday, he spoke at the 122nd Annual Meeting of the International Association of Chiefs of Police. Not surprisingly, gun control was on the agenda. From a transcript of the speech:

You know exactly why someone all too often should want to own a gun. It’s a powerful instrument. It helps you do a dangerous job. It’s something that has to be used with care. Many of you, like millions of law-abiding Americans, are sportsmen or hunters, or you’ve got a firearm in your home for protection. But you also know the fact is that it’s too easy for criminals to buy guns — and that makes your already dangerous job far more dangerous than it should be. (Applause.)

And it makes the communities so fearful that it’s harder for them to be a good partner with you, because the streets become abandoned, and parents start not being as involved in monitoring what’s taking place. You have a risk of being shot. It’s risky enough responding to a domestic violence call or a burglary in progress without having to wonder if the suspect is armed to the teeth, maybe has better weapons than you do. And the fact is that in states with high gun ownership, police officers are three times more likely to be murdered than in states with low gun ownership. That is a fact. So you know that more guns on the streets do not make you or your communities safer. (Applause.)

Now, one of the benefits of being President is you travel all around the country, and I do know that there is a difference in what firearms mean and how they are handled in rural communities and in urban settings. And we’ve got to take into account some of the regional differences that are involved. But I do want to emphasize this is not just an issue for cities.

There are those who criticize any gun safety reforms by pointing to my hometown as an example. They say, well, look, Chicago had a spike in homicides this year, they’ve got gun safety laws, so this must be proof that tougher gun safety laws don’t help, maybe make things worse. The problem with that argument, as the Chicago Police Department will tell you, is that 60 percent of guns recovered in crimes come from out of state. You’ve just got to hop across the border. As I said before, it is easier for a lot of young people in this city and in some of your communities to buy a gun than buy a book. It is easier in some communities to find a gun than it is to find some fresh vegetables at a supermarket. (Applause.) That’s just a fact.

And that’s why the IACP and the overwhelming majority of the American people — Democrat and Republican — believe we should require national criminal background checks for anybody who wants to purchase a gun. (Applause.) That’s why the IACP believes we shouldn’t sell military-style assault weapons to civilians. They don’t need them. (Applause.) They don’t need them to hunt a deer. It’s just a simple proposition — cops should not be out-armed by the criminals that they’re pursuing. (Applause.)

As I said, earlier this afternoon I met with families of police officers who gave their lives in the line of duty. And I met with families of children here in Chicago who were taken from us by gun violence. And I do this too often, meeting with grieving families. I’m proud to be able to express to them that the entire country cares about them — (applause) — and that they’re in our thoughts and prayers, and that we’re sorry for their loss. But I have to tell you — and I know some of you have heard my frustration in the past here — when I meet with these families I can’t honestly tell them that our country has done everything we could to keep this from happening again — from seeing another officer shot down, from seeing another innocent bystander suffer from a gunshot wound. And that’s a travesty.

Thirty-two cops have been shot and killed this year. At least a dozen children have been shot and killed this month. About 400,000 Americans have been shot and killed by guns since 9/11 — 400,000. Just to give you a sense of perspective, since 9/11, fewer than 100 Americans have been murdered by terrorists on American soil — 400,000 have been killed by gun violence. That’s like losing the entire population of Cleveland or Minneapolis over the past 14 years.

And I refuse to accept the notion that we couldn’t have prevented some of those murders, some of those suicides, kept more families whole — (applause) — protected more officers if we had passed some common-sense laws. (Applause.)

So, look, I understand we won’t all agree on this issue. But it’s time to be honest — fewer gun safety laws don’t mean more freedom, they mean more danger. Certainly more danger to police, more fallen officers, more grieving families, more Americans terrified that they or their loved ones could be next. So I’m going to keep calling on the folks in Congress to change the way that they think about gun safety. And if they don’t, I’m going to keep on calling on Americans to change the folks in Congress until they get it right. (Applause.)

And please do not — some of you watching certain television stations or listening to certain radio programs, please do not believe this notion that somehow I’m out to take everybody’s guns away. Every time a mass shooting happens, one of the saddest ironies is that suddenly the purchase of firearms and ammunition jumps up because folks are scared into thinking that Obama is going to use this as an excuse to take away our Second Amendment rights. Nobody is doing that. We’re talking about common-sense measures to make sure criminals don’t get them; to make sure background checks work; to make sure that — (applause) — to make sure that we’re protecting ourselves…

A couple of thoughts here:

•In a nutshell, Barack Obama is trying to muster support from these police chiefs for his gun control initiatives.

• I worked alongside a number of police chiefs back when I was in local government. Keep in mind that many of them are political hires. It would be somewhat harsh to say they are not the police, but I suspect many of them have much more in common with their municipal masters than the beat cop at that stage in their career. If their “clout” is anti-gun, there’s a pretty good chance the police chief is as well (or at least that will be their public stance on the issue). Of course, there are always exceptions.

• Notice how “gun safety” is substituted for “gun control” in the speech. I learned a long time ago to be wary of people who get their jollies off playing around with words like this.

• Obama’s ongoing push for gun control mirrors that of the larger movement in America, which seeks to chip away at the Second Amendment piece by piece. Mass shootings embolden the effort. And the end justifies the means in these peoples’ minds. Compromise is not part of their vocabulary. Which leaves pro-Bill of Rights supporters no other alternative but to deal with them along the lines of that old Arab parable:

“If the camel once gets his nose in the tent, his body will soon follow.”

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

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Wednesday, October 28th, 2015 Ammunition, Demographics, Firearms, Government, Gun Rights, Hunting, Legal, Public Safety, Racism, Self-Defense, Shooting Sports, SP Intel Report Comments Off on SP Intel Report- October 27, 2015

Must-Watch Speech: Milwaukee County Sheriff David Clarke On Responsibly-Armed Americans

Heading north past the state line, Milwaukee County Sheriff David A. Clarke, Jr., is in the headlines again. Sheriff Clarke’s name may ring a bell with regular readers of Survival And Prosperity due to a memorable Milwaukee County Sheriff’s Office PSA he recorded around the beginning of 2013. I blogged back on January 27, 2013

North of “Madiganistan,” there’s a new ad being aired on the radio:

I’m Sheriff David Clarke and I want to talk to you about something personal- your safety. It’s no longer a spectator sport- I need you in the game. But are you ready? With officers laid off and furloughed, simply calling 911 and waiting is no longer your best option. You could beg for mercy from a violent criminal. Hide under a bed. Or you can fight back. But are you prepared? Consider taking a certified safety course in handling a firearm so you can defend yourself until we get there. You have a duty to protect yourself and your family. We’re partners now. Can I count on you?

This safety message brought to you by the Milwaukee County Sheriff’s Office.

At a recent United States Concealed Carry Association Open House Event held in West Bend, Wisconsin, Sheriff Clarke spoke of that PSA and subsequent ones, including the support and disdain he received from them. Clarke told the USCCA open house audience:

I got tired of seeing the Second Amendment becoming the bastard child of the Bill of Rights. As far as I’m concerned, the Second Amendment is as important as the First Amendment, it’s as important as the Fourth Amendment against unreasonable searches and seizures, it’s as important as the Fifth Amendment right to counsel, it’s as fundamental as the Eighth Amendment’s prohibition against cruel and unusual punishment, and on and on and on.

And but for the Second Amendment, the other ones are not possible.

Because what leads to despots in our history- you first disarm people, you gain control of the media.

That gives rise to despots. And that’s the importance of an armed citizenry…

It’s a terrific speech about responsibly-armed Americans, which you can watch in its entirety (less than 15 minutes) below…

“Gutsy Milwaukee County Sheriff David Clarke Delivers Unforgettable Speech at USCCA Event”
(Speech from 2:46 to 17:07)
YouTube Video

By Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

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Thursday, April 3rd, 2014 Essential Reading, Fascism, Firearms, Government, Gun Rights, Main Street, Public Safety, Security, Training Comments Off on Must-Watch Speech: Milwaukee County Sheriff David Clarke On Responsibly-Armed Americans

Farewell, Illinois Businesses And Jobs

One topic I particularly “harp on” in Survival And Prosperity is the continued erosion of business-friendly conditions in the state of Illinois.

Whether it be a misguided anti-Constitution, anti-Bill of Rights crusade that drives off gun manufacturers and their workers or a 46 percent corporate income tax hike that was implemented at the beginning of 2011, parochial-minded politicians in control of the state are scaring away prospective and existing businesses and jobs.

Thankfully, it’s not just me that recognizes the nonsense that’s going on. From my Sunday paper this morning:

Scott Stantis
Chicago Tribune
Oct 19, 2013
ANY CHARACTER HERE

By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)

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Sunday, October 20th, 2013 Business, Employment, Firearms, Fiscal Policy, Government, Gun Rights, Political Parties, Taxes Comments Off on Farewell, Illinois Businesses And Jobs
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