Second Amendment Foundation Summer 2012

REPORTER27TH ANNUAL GUN RIGHTS

POLICY CONFERENCE IN ORLANDO, FLWith new battles over individual rights in the age

of terrorism, attacks on our gun rights from the UN, a number of Second Amendment cases in the courts, and the important upcoming election, your attendance to the 27th annual Gun Rights Policy Conference (GRPC) is critical. An important nationally recognized conference, GRPC has previously been profiled in national news programs and publications.

The 2012 GRPC will be action-packed with over 50 speakers hand-picked from the leadership of the Gun Rights Movement, the topics to be presented promise to have an impact that will help direct the path of Second Amendment rights for years to come. It will be the most important gathering of pro-gun activists this year with high profile gun rights activists, scholars, legal experts, media, and bloggers in attendance.

The theme of “Elect Liberty” takes precedent before this election as activists, scholars, and legal experts will gather at the yearly conference. The many discussions will include the many lawsuits undertaken by the Second Amendment Foundation, judicial appointments to the courts, the 2010 and 2012 election, concealed carry reciprocity, the UN Arms Trade Treaty, firearms industry, public opinion trends, and effective pro-gun activism.

Criminal defense attorney Mark O'Mara who has been retained in the now infamous Trayvon Martin self-defense case has been confirmed to speak. Mr. O'Mara has been practicing Law in Central Florida for 28 years as a former felony prosecutor and Division Chief. O’Mara serves as the legal analyst for Central Florida's WKMG Channel 6 and is also involved in many Bar activities, including serving as President of the Seminole County Bar Association and serving on both Circuit and Federal Grievance Committees.

Emily Miller, the Washington Times’ senior editor will attend and address gun related political issues and journalism. Emily is the first Washington Times journalist to be awarded the prestigious Clark Mollenhoff Award for Investigative Journalism for her series of reports titled “Emily Gets Her Gun.”

Renowned conservative author, journalist, and commentator John Fund will speak at the conference.

The senior editor of The American Spectator, Fund was a columnist for The Wall Street Journal, where he wrote the nationally recognized weekly column "On the Trail" and contributed to the Journal's newsletter, Political Diary. Fund is also the author of two well-reviewed books Cleaning House: America's Campaign for Term Limits, and Stealing Elections: How Voter Fraud Threatens Our Democracy.

A special guest will also attend and address the conference; unfortunately, the identity of the special guest can’t be revealed at this time for security purposes.

Top Second Amendment legal experts including Alan Gura, David Jensen, Don Kilmer and David Sigale will be present to lead discussions on legal theory about the cases resulting from decisions in U.S. v. Heller and McDonald v. Chicago and the path ahead in litigating Second Amendment court cases. A review of critical gun-rights cases to be decided and still underway will include many cases such as Ezell v. Chicago and Wollard v. Sheridan.

Discussion of the Fast and Furious gun walking scandal by some of the journalists that exposed it including Dave Workman will be featured. International gun rights activists will discuss defending gun rights globally. Topics will include the recent negotiations that transpired at the United Nations Arms Trade Treaty conference, as well as the path forward in the UN General Assembly and the Programme of Action on Small Arms and Ammunition.

The SAF Board of Trustees has elected to help underwrite the cost of the event. There is no cost to register and attend the 27th annual Gun Rights Policy Conference. The Second Amendment Foundation will not only pick up the tab for lunch and refreshments, but will also provide more than $125 worth of free vital pro-gun rights materials to each attendee. In addition, you will have the opportunity to chat with the speakers at the two evening planned receptions.

Free registration the 27th Annual Gun Rights Policy Conference at the Hyatt Regency Orlando, FL Airport can be made at www.SAF.org to register online, or print a registration form directly from the SAF.org. To register by phone please call SAF (425) 454-7012. Room reservations to the Hyatt Regency hotel can be reserved by calling 1-888-421-1442, mention you are with GRPC.

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REPORTERis published by the

Second Amendment Foundation12500 N.E. Tenth Place

Bellevue, Washington 98005425-454-7012www.saf.org

Publisher Alan GottliebEditor Joseph TartaroManaging Editors J.H. Versnel Phil Watson Dave Workman

Address all editorial matters and letters and other inquiries to the address on the left. For changes of name or address, please send old and new address to the Second

Amendment Foundation. SAF 2012

Second Amendment

For the latest news on

the right to keep and bear arms

visit:

• KeepAndBearArms.com • SAF.org • TheGunMag.com • WomenandGuns.com

SECOND AMENDMENT FOUNDATION MAKES REMARKS AT UN POA

The Second Amendment Foundation's Director of Operations, Julianne Versnel, presented remarks at the August 2012 Programme of Action on Small Arms and Light Weapons held at the United Nations Headquarters in New York.

Ms. Versnel's comments were unique in that she presented the argument that women required the right to self defense. Her remarks follow:

"Madame President it is a wonderful pleasure to see you presiding and I congratulate you on your assumption of the chair of this august gathering. I am Julianne Versnel of the Second Amendment Foundation. We are an American organization primarily concerned with protecting the rights of firearms owners. We have participate in UN's meeting such as this for six years, most recently the Arms Trade Treaty Conference in July.

Madame President, where ordinarily I would speak to the Programme of Actions as it relates to firearms rights, today I briefly wish to address a more specific topic. I said that it was a pleasure seeing you presiding Madame Chair, and that is related to what I want address, that is the role of women regarding the POA. Your presidency is refreshingly emblematic of that topic Madame President.

Madame President both the draft Declaration and the Implementation Plan mention gender and women.

They call for research on gender and women related issues and more participation by women.

As a women, Madame president I am particularly interested in these possible outcomes of this Conference. Madame Chair violence against women is a world-wide issue. It transcends borders, and all too frequently cultures. Madame President I said earlier that my organization was primarily concerned with protecting the rights of American firearms owners. As unusual as it may sound to many here, among those rights are the rights of women to defend themselves against violence. Madame President as I review what has been written and said about the issue of violence against women, as it relates to the POA, I am struck by what is not said. Madame President if there is a basic sanctity of a woman's person, if there is a right to not be the victim of sexual or personal violence, then that right involves the right to defend ones self. Madame President would not it be the ultimate irony, from a woman's perspective to say that instead of having the right to protect ourselves, that we will rely some organization, almost always male dominated I might add, to protect us.

To restate it is simple terms Madame President, if women have the right to be protected against violence, then they have the right to protect themselves against violence. If they have the right to protect themselves, then they must have the means. Again,

Madame President this may sound strange to many here - especially those who are under the erroneous impression that rights are given to us by governments. The POA and any of its implementation effort should do nothing to disarm women who legitimately and rightfully want to defend themselves.

Madame Chair, the drive for human rights is a force throughout the world and especially here at the UN. A women's right to free from violence is fundamental human right. That fundamental right to defend oneself. The report of this Conference should state that without reservation.

Thank you."

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LEGAL BRIEFS

Madame President this may sound strange to many here - especially those who are under the erroneous impression that rights are given to us by governments. The POA and any of its implementation effort should do nothing to disarm women who legitimately and rightfully want to defend themselves.

Madame Chair, the drive for human rights is a force throughout the world and especially here at the UN. A women's right to free from violence is fundamental human right. That fundamental right to defend oneself. The report of this Conference should state that without reservation.

Thank you."

(Continues on pages 4-5)

WOLLARD V. SHERIDANU.S. District Court Judge Benson

Everett Legg lifted a temporary stay on the issuance of Maryland concealed carry permits in late July noting “If a stay is granted, a sizeable number of people will be precluded from ex-ercising, while the case is argued on appeal, what this Court has recognized as a valid aspect of their Second Amendment right. In the First Amend-ment context, the Supreme Court has stated that ‘loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes ir-reparable injury’.”

Shortly after the temporary stay was lifted by Judge Legg, the state filed and was granted its motion with the Fourth Circuit Court of Appeals to impose a stay of Judge Legg’s order. The trial court precedent established and acknowledged that the Second Amend-ment right to bear arms does not stop at the door of one’s home.

“There is no good reason for the state to continue violating the con-stitutional rights of its citizens just to maintain this burdensome and arbitrary system,” said SAF founder and Executive Vice President Alan M. Gottlieb. “As Judge Legg originally observed, the Second Amendment’s pro-tections extend beyond the home.”

The Second Amendment Foundation lawsuit successfully argued against citizens needing to prove “necessary as a reasonable precaution against apprehended danger” in order to exer-cise constitutional rights. Ruling in the case of Woollard V. Sheridan – a case brought by the Second Amendment Foundation and Maryland Shall Issue in July 2010 on behalf of Maryland resident Raymond Woollard, who was denied his carry permit renewal – the U.S. District Court for Maryland ruled

that “The Court finds that the right to bear arms is not limited to the home.”

“It is time for the State of Mary-land to understand that government cannot, and must not, be given blanket discretion in its perceived authority to interfere with the exercise of a constitutional right by law-abiding citizens,” Gottlieb said.

The important victory affirming in-dividual Second Amendment rights over-turned the arbitrary denial of gun rights under Maryland State law stating a person prove “good and substantial reason” to exercise constitutional rights. The State of Maryland contin-ues to appeal before it is forced to comply with the court ruling.

PISZCZATOSKI V. MAENZASquandering an opportunity to redeem

the Garden State for its long dispar-agement of the Second Amendment and the right to carry – New Jersey’s newly appointed Attorney General has instead slapped gun owners in the face in the latest set of papers in a federal law-suit brought by the Association of New Jersey Rifle & Pistol Clubs (ANJRPC) and the Second Amendment Foundation (SAF) to overturn New Jersey’s unconstitu-tional handgun carry laws.

The State’s latest filing maintains its absurd opinion that the Second Amendment does not exist outside the home, and that it is the State’s re-sponsibility to protect the public from law abiding citizens with firearms. The papers even reference the Second Amend-ment as a “privilege.”

Gun owners had speculated that the resignation of the former Attorney General and the recent appointment of a new one by Governor Christie might signal a change in the state’s deeply

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flawed policy on guns. Instead, the State’s June 28 filing in a federal appeals court reaffirms the State’s hostility toward the right of honest citizens to defend themselves with firearms outside the home – even though the police owe no duty to protect individual citizens.

The Second Amendment Foundation and Association of New Jersey Rifle & Pistol Clubs will appeal a federal judge’s rul-ing that “the Second Amendment does not include a general right to carry handguns outside the home.” Federal Judge William H. Walls, a Clinton appointee, dismissed a case filed by both organizations chal-lenging New Jersey's handgun carry laws, which have all but eliminated the right to self-defense with a firearm outside the home.

“The Second Amendment Foundation and ANJRPC are prepared to take this case all the way to the U.S. Supreme Court, where SAF has already won a landmark case de-fending the rights of gun owners,” said SAF founder and Executive Vice President Alan Gottlieb.

The case was filed in late 2010 by AN-JRPC, the Second Amendment Foundation, and several individual plaintiffs, chal-lenging New Jersey’s unconstitutional "justifiable need” standard for issuance of handgun carry permits – a nearly im-possible standard to meet that has all but eliminated the right to self-defense with a firearm in the Garden State. The case is currently before the U.S. Third Circuit Court of Appeals. A decision is anticipated by early next year.

TEIXEIRA V. ALAMEDA COUNTYThe Second Amendment Foundation filed a

federal lawsuit against Alameda County, California and the county’s Board of Su-pervisors for violating the constitutional rights of three businessmen by wrongfully denying them permits to open a licensed retail gun store.

This case contests denial of a permit

to open a gun shop in Alameda County and regulations that gun stores not be lo-cated within 500 feet of any school, li-quor store or residence. Upon meeting all the local and federal requirements, the county promptly changed the measurement regulations making it impossible for the three businessmen to legally open their gun store on the property.

According to the lawsuit, the county next allowed an objection to be filed even though the deadline had passed for such objections, and even though the West County Board of Zoning Adjustments had voted to approve a conditional use per-mit and allow the gun store to operate.

“The facts in this case are outrageous,” said SAF founder and Executive Vice Pres-ident Alan Gottlieb. “It is clear from the county Board of Supervisors’ behavior that they have gone out of their way to prevent three businessmen from opening a gun store in their jurisdiction,” Got-tlieb stated. “This is a violation of their rights of equal protection and due process under the Fourteenth Amendment, and cannot be allowed to stand.”

“Social bigotry is bad enough when practiced by the media and the gun pro-hibition lobby,” Gottlieb concluded, “but when it becomes the official policy of an elected government panel, it then becomes necessary, if not imperative, for the courts to intervene.”

SAF is joined by the Calguns Founda-tion, California Association of Federal Firearms Licensees and businessmen John Teixeira, Steve Nobriga and Gary Gamaza. They’re represented by attorneys Donald Kilmer of San Jose and Jason Davis of Rancho Santa Margarita.

CHURCHILL V. HARRISThe Second Amendment Foundation has

filed a federal lawsuit against the police departments in San Francisco and Oakland, California for refusing to return fire-arms to people who had been charged with crimes, but subsequently cleared of any wrongdoing.

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CONTINUING LEGAL BRIEFS

to open a gun shop in Alameda County and regulations that gun stores not be lo-cated within 500 feet of any school, li-quor store or residence. Upon meeting all the local and federal requirements, the county promptly changed the measurement regulations making it impossible for the three businessmen to legally open their gun store on the property.

According to the lawsuit, the county next allowed an objection to be filed even though the deadline had passed for such objections, and even though the West County Board of Zoning Adjustments had voted to approve a conditional use per-mit and allow the gun store to operate.

“The facts in this case are outrageous,” said SAF founder and Executive Vice Pres-ident Alan Gottlieb. “It is clear from the county Board of Supervisors’ behavior that they have gone out of their way to prevent three businessmen from opening a gun store in their jurisdiction,” Got-tlieb stated. “This is a violation of their rights of equal protection and due process under the Fourteenth Amendment, and cannot be allowed to stand.”

“Social bigotry is bad enough when practiced by the media and the gun pro-hibition lobby,” Gottlieb concluded, “but when it becomes the official policy of an elected government panel, it then becomes necessary, if not imperative, for the courts to intervene.”

SAF is joined by the Calguns Founda-tion, California Association of Federal Firearms Licensees and businessmen John Teixeira, Steve Nobriga and Gary Gamaza. They’re represented by attorneys Donald Kilmer of San Jose and Jason Davis of Rancho Santa Margarita.

CHURCHILL V. HARRISThe Second Amendment Foundation has

filed a federal lawsuit against the police departments in San Francisco and Oakland, California for refusing to return fire-arms to people who had been charged with crimes, but subsequently cleared of any wrongdoing.

The agencies' case rests solely on a California State Department of Justice document that requires proof of ownership of each firearm before they are returned. Don Kilmer the council for the plaintiffs responded, “In California, the Evidence Code makes it clear that simple possession is proof of ownership of almost all types of common property, including firearms. The California Department of Justice is misleading police departments in such a way that they violate the rights of gun owners who were investigated and found to have not violated the law.”

What the police departments are doing is a deliberate theft of personal prop-erty, and they know it,” said SAF Execu-tive Vice President Alan Gottlieb. “We saw this sort of property theft following Hurricane Katrina,” Gottlieb recalled, “and we took that case to federal court, and won. Government agencies simply cannot seize private property and refuse to give it back by playing bureaucratic games.”

“Law-abiding Californians should not be forced to seek out expensive legal repre-sentation just to get back what is right-fully theirs in the first place,” added Calguns Foundation chairman Gene Hoffman.

“Our partners at the Calguns Foundation have properly argued that this is inexcus-able, and they are right. This cannot be allowed to continue,” Gottlieb observed. “That’s why we have taken this action, and we expect to prevail.”

MOORE V. MADIGANSecond Amendment Foundation attorney

Alan Gura made oral arguments in the Sev-enth Circuit Court of Appeals. Gura opened his arguments with an aggressive offense against the ban on public carry, “Illi-nois’ prohibition on the carrying of guns for self-defense is simply not compatible with the constitutional guarantee that people enjoy the right to bear arms for self-defense.”

Under questioning from the judges, the state attorney was unable to definitively answer several questions from the court

surrounding the state’s ban on using firearms for legitimate self-defense in public. “That’s where the rubber really meets the road,” one of the judges noted.

The federal court lawsuit challenges the state’s complete prohibition on the carrying of firearms in public for the purpose of self-defense. The Second Amendment Foundation seeks to estab-lish the recognition and incorporation of the constitutional right to possess and carry weapons in the state of Illi-nois. The current Illinois prohibition on carrying of weapons (either openly or concealed) is blatantly unconsti-tutional and makes it impossible for citizens to exercise their constitu-tional right.

“Illinois is currently the only state in the country that imposes a complete prohibition on the carrying of firearms for personal protection by its citizens,” said SAF Executive Vice President Alan Gottlieb. “The state legislature recently stopped, by a thin margin, a concealed carry measure. After the 2008 Heller ruling and the 2010 McDonald ruling against the City of Chicago that incorporated the Sec-ond Amendment to the states, one would think that Illinois lawmakers would act quickly to comply with court decisions and the constitution.”

“Whether Illinois lawmakers like it or not,” he added, “the Second Amend-ment right to keep and bear arms is the law of the land. A complete prohibition simply does not pass constitutional muster. The state cannot stick its head in the sand and pretend this problem does not exist.”

The lawsuit alleges that Illinois statutes that completely ban the car-rying of handguns for self-defense are “inconsistent with the Second Amend-ment.” Joining SAF are two private citizens, Michael Moore of Champaign and Charles Hooks of Percy. Illinois Attorney General Lisa Madigan and State Police Superintendent Patrick Keen are named as the defendants.

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UN ARMS TRADE TREATYThe month-long United Nations

Arms Trade Treaty (UN ATT) conference concluded without a consensus at the end of July.

The Second Amendment Foundation (SAF) maintained a presence at the conference negotiations along with SAF’s international partner group the International Association for the Protection of Civilian Arms Rights (IAPCAR), an international coalition now comprised of an unprecedented 23 pro-gun groups from 15 different countries.

During the last week of the conference SAF and IAPCAR were among the pro-individual right groups that lobbied on behalf of civilian gun ownership. Much of the treaty negotiations was closed to NGOs but the organizations worked to garner support from various country delegations until the very end.

SAF was instrumental in helping to make public the drafts of the proposed Arms Trade Treaty. Drafts of the Treaty were provided on paper only. Electronic copies of the drafts were uploaded to IAPCAR.org and TheGunMag.com.

As many expected, the draft and final treaty text included small arms and light weapons as well as tanks, bombs, missiles and attack helicopters. There was much discussion about whether ammunition was included based on the possible interpretations of the language on munitions.

Anti-gun Non-Governmental Organizations (NGOs) backing the ATT attempted to cloak their efforts with references to human rights and globalism in parallel with the UN Charter.

Ironically, many of the most vocal countries involved in negotiations such as Iran, North Korea, Venezuela, Cuba and Syria have been under heavy scrutiny by different groups for various human rights and arms

trade violations; with four rounds of sanctions imposed on Iran for its nuclear program.

The Conference kicked off with anti-gun such as International Action Network on Small Arms (IANSA), Oxfam, Amnesty International, Control Arms, and others staging street theatrics complete with body bags, gravestones, and costumes.

The anti-gun NGO’s had no shame in using the well-known and well protected Olympic trademark of five rings on fliers that they distributed stating “Go for gold not loopholes, we can win a bulletproof Arms Trade Treaty.”

Alan Gottlieb, SAF founder and executive vice president was on hand to monitor the negotiation process at the UN, correctly predicting United States would not agree to a treaty and there would be no consensus, dashing the global anti-gunners hopes. Gottlieb, at the UN with SAF’s director of operations Julianne Versnel relayed that many attendees were frustrated with the process.

The final treaty draft was not delivered until late on the second to last day, not allowing adequate opportunity to study the implications of the treaty. Versnel noted that many countries including South Sudan, China and Russia were upset about the negotiations process. The meetings had gone on for three weeks with little direction from the conference President

In the draft there were clauses that could be interpreted to mean that only arms transfers between UN members states would be permitted. This could potentially allow China to object to arms sales to US ally Taiwan, a non-UN member China considers to be a rebel state. Arab or other states critical of Israel could use treaty language on human rights standards to argue

against arms transfers to Israel.On the final day of negotiations

after it was clear that the US and other countries would not agree to the treaty, anti-gun rights advocates lashed out at President Obama for his inaction and the lack of support from his administration.

“This was stunning cowardice by the Obama administration, which at the last minute did an about-face and scuttled progress toward a global arms treaty, just as it reached the finish line,” said Suzanne Nossel, the executive director of Amnesty International USA.

A bi-partisan majority of 51 Senators signed a letter promising to vote against ratification if the treaty covered “small arms” and/or “light weapons.” Had the UN heeded that letter the ATT might have garnered the required 67 votes for ratification by the US Senate.

“I think the grassroots surge by American gun owners against this treaty convinced our government to not sign this document,” Gottlieb said. “The proposed treaty, as written, posed serious problems for our gun rights, and the sovereignty of our Second Amendment.”

SAF and the international pro-gun IAPCAR coalition haven’t fought the last battle against the global gun control effort. After the ATT failed to reach consensus, the anti-gun lobby vowed not to give up. The anti-gun NGOs managed to help Mexico in its gathering of support from more than 90 countries to continue their efforts after the talks collapsed. After the next meeting for the UN’s Programme of Action, they will attempt to negotiate and bring the ATT to a vote in the UN General Assembly in October. The anti-gun lobby believes this route has an advantage, as the bar for passage will be lower than the consensus required at the last treaty negotiation.

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The Second Amendment Foundation has filed a federal lawsuit on behalf of a Canadian citizen who is a legal resident of Missouri, challenging that state’s statutory prohibition on the carrying of concealed firearms by non-citizens.

The case seeks to overturn the state’s non-citizen concealed carry ban on constitutional grounds, specifically the Second Amendment right to keep and bear arms, and the 14th Amendment’s equal protection clause.

The plaintiff is Edward F. Plastino, a Canadian citizen and Status Indian,

based on his partial Chippewa heritage. He has lived primarily in this country since 1995, and in Missouri since 2006. SAF and Plastino are represented by attorneys Matthew Singer of St. Louis and David Sigale of Glen Ellyn, IL.

“This is a case similar to our successful lawsuits against the City of Omaha and Washington State, and our current action in New Mexico, challenging local gun laws that discriminate against legal resident aliens,” said SAF founder and Executive Vice President Alan Gottlieb. “Mister Plastino can legally

carry a firearm openly in Missouri, but he cannot legally conceal a firearm for personal protection. That simply does not make sense.”

Plastino was in Mississippi during Hurricane Katrina and its immediate aftermath, but his employer transferred him to St. Louis and then to St. Charles, Mo.

“Mr. Plastino would carry a concealed firearm for personal protection,” Gottlieb said, “except that he realizes he could face prosecution, fine and imprisonment, and other repercussions because he is a non-citizen.”

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