A six year study on the Supreme Court and the Second Amendment reveals the Supreme Court supports the individual right to arms. And other stuff:

– The Court has not been quiet on this subject as previously thought, using some form of the word “gun” in its decisions 2,910 times (gun, rifle, pistol, shotgun, firearm, etc., even Winchester five times) in 92 cases. Three dozen of the cases quote or mention the Second Amendment directly.

– Armed self defense with personally owned firearms is recognized and supported in more than a dozen cases, is a distinct right of American citizens, and an ancient “duty to retreat” is not obligatory.

– The often-cited Miller case from 1939 is inconclusive, which is why gun-rights and gun-control advocates both claim it supports their position. The record shows that the Court actually remanded this case back to the lower court for retrial and a hearing on the evidence, since there was no evidence presented. Because Miller had been murdered by that time and his co-defendant had taken a plea agreement, no retrial or evidentiary hearing was ever held.

– All 92 cases are reproduced to show what the Court has actually said. More than 1,000 interesting quotations are highlighted, and each case includes a plain-English description. A special “descriptive index” reduces each case to the firearms-related question(s) it answers.

Bill Hobbs compares the current big government GOP and the Democrats. His conclusion (paraphrased, of course) is support the lesser of two evils. Additionally, he states in comments:

Well, you can vote Libertarian, and have no influence, while the Dems win and expand government exponentially while losing the war on terror, or while the GOP wins and expands the govt a little less rapidly and wins the war on terror. No good choices.

Herein lies my dilemma regarding the presidential election: Who do I vote for? I don’t like any of the Democrats, as they are big government cronies engaging in class warfare. I think Bush is slightly less bad than the Democrats (he’s big government, despite the rhetoric) but Ashcroft (who is only slightly better than Reno since he hasn’t burned down a religious complex yet) absolutely must go (even some other hardcore conservatives feel this way).

Others have advocated a legitimate third party, some even sort of in jest. Sadly, the third party can’t win under current political conditions. But they can ensure that someone will lose, remember Nader?

As of now, I fully intend to vote for the Libertarian Party (big L) candidate and hope others will do the same. Some people have called this idea stupid. There reason is that they don’t want Democrats in office, ever. But I, being up to my nefarious shenanigans, have decided I am willing to accept four years of a Democrat administration to send the message to the Republican Party that they need to return to being the party of small government and that they can’t forsake their political base to make some power plays. And the Bush administration only plays lip service to gun rights.

So, my campaign slogan is: Vote Libertarian! Maybe Someone Will Notice!

Update: Bill comments back at his blog that I am off the mark by stating he actively supports the lesser of evils. He does not, in fact, mean he supports them in that manner but that the GOP is kowtowing in the spirit of compromise to the the Big Spenders. However, the de facto implication is that he supports the GOP because they are not as bad as Democrats.

The Game Show Network is going to spoof the California Recall:

“Who Wants to Be Governor of California? The Debating Game” will include a political debate produced in the style of a game show, the channel announced Monday.

“Politics is the ultimate game and the California recall election is one of the most bizarre contests in American history,” Rich Cronin, president of the channel, said in a statement.

The channel said it is lining up five candidates to take part in the Oct. 1 program. The show will chronicle their campaigns and include a “wide-ranging” debate, including buzz-in answers and bonus questions, the channel said.

The five will compete for a prize of $21,200, the maximum corporate campaign contribution allowed by California law, the channel said. The prize will go to the candidate in the group who receives the most votes in the Oct. 7 recall election.

Rich has been pretty critical of this Fumento person (who I’ve never heard of except on Rich’s blog, by the way). And, at last count, Rich is definitely winning the battle between the two. Rich received an email from the guy which states:

But the nice thing about all this is that you are an absolute nobody who can publish nowhere outside of his own blog site that I never would have heard of had my name not come up. I am a weekly syndicated health and science columnist who is read each week by literally millions of people. One of my SARS pieces was in the New York Post, with over three million readers alone. Do you get three million hits in one day?

So then Mr. Fumento, why do you feel the need to justify your actions to an absolute nobody? I suppose it’s worse to be outwitted by a nobody than to be outwitted by a somebody. At least the somebody will draw attention to you.

This is beautiful:

On Friday, a Memphis federal jury acquitted FedEx pilot Vernice Kuglin of six counts of felony Tax Evasion and Willful Failure to File tax returns.

Ms. Kuglin’s attorneys, Tax Honesty Movement barristers Larry Becraft and Robert G. Bernhoft, told reporters that Kuglin was indicted seven months ago and had refused to plead the case out for a lesser sentence. During her testimony Kuglin testified that since 1995, she had sent numerous letters to the IRS requesting that they inform her of what law required her to pay the Individual Income Tax. To this day, she has not received an answer.

At 1:30 Friday afternoon, the jury returned not guilty verdicts on all counts.

After the jury had been excused the U.S. Attorney reportedly demanded that the Judge order the defendant to file her forms, pay her taxes and obey the law. The Judge reportedly replied “Sir, I don’t work for the IRS.”

The case is: U.S. District Court, Western District of Tennessee (Memphis) # 03-CR-20111, USA v. Kuglin.

Makes me feel all warm and fuzzy inside.

Foxnews is suing Al Franken for using the phrase Fair and Balanced.

What has Franken done lately other than make a dime at the expense of the leftist fringe?

Go read this now, or read my play by play below:

Francis Warin had a nagging habit.

Nearly 30 years ago, he toted a submachine gun into Toledo’s federal courthouse and made a simple demand: Arrest me.

He got his wish.

Two months ago, the Ottawa County man mailed a homemade gun and silencer to an assistant U.S. attorney. To ensure there was no confusion, he sent the package by certified mail, complete with his return address.

Now the 72-year-old gun-rights advocate is fighting to get out of the Lucas County Jail – staging a hunger strike to try to force authorities’ hands.

The French immigrant insists his actions make sense. They’re part of his on-again, off-again quest to challenge what he perceives as restrictions on the right to bear arms as covered by the Second Amendment to the U.S. Constitution.

His accent still thick after 42 years in America, the balding professional weapons designer believes the courts have stripped the Second Amendment of its meaning, and he’s willing to be the legal guinea pig to fix it.

Never mind that Warin’s tried before and failed. Never mind that nearly all courts, for six decades, have limited the power of the Second Amendment. Never mind that even some pro-gun advocates question Warin’s tactics. Never mind he could now spend more than two years in a federal lockup.

In 1972, the mechanical engineer filed a class-action lawsuit in U.S. District Court in Toledo asking the federal court to revisit the interpretation of the Second Amendment. The court refused.

In 1974, the father of two young boys decided to engage in “civil disobedience” to call attention to his cause. He built his own “cheap” submachine gun and refused to pay the $200 registration tax.

After no one would arrest him, an inpatient Warin hauled the homemade machine gun to the ATF’s courthouse office. He expected ATF agents to handcuff him immediately.

“They said, ‘OK. Go home. We’ll call you,’” Warin recalled.

They wouldn’t arrest him then?

Most recently:

The package arrived in the U.S. Attorney’s office in Toledo about 12:30 p.m. on a Monday. An employee signed for it, but immediately became suspicious of what could be inside.

A security officer X-rayed it, and it was eventually opened. Inside was a small, homemade gun capable of firing 22-caliber bullets. Attached was a cardboard silencer. A one-page letter was enclosed asking for “prosecution and return of property.” It was signed “sincerely, Warin.”

Prosecutors would follow at least one of his wishes.

Two days later, on May 21, agents arrested Warin on weapons charges and confiscated more than 46,000 rounds of ammunition, six hand grenades, six firearms, four handguns, and diagrams of firearms and silencers, according to court records.

And prosecutors went one step further than their predecessors three decades ago: They put him in jail and fought to keep him there.

“He’s increasingly desperate to gain attention, and his behavior is desperate over the years,” Mr. Weldon said. “In these times, with the heightened security alerts, why should we assume he’s not a danger? We have to assume he is.”

Friends disagree.

“Francis is a good person. He’s a compassionate person,” Mr. Roder said. “He is not a crackpot. He has very strong convictions – whether you agree with him or not.”

Warin’s family declined to be interviewed for this story. Warin said his wife, who works in an Oak Harbor nursing home, hasn’t been surprised by his actions: “She has been with me for 42 years.”

He dreams of a full-fledged hearing on his case before the U.S. Supreme Court. The pro-gun interpretation has been adopted by a growing number of scholars and even Attorney General John Aschroft – making it more likely the high court could eventually step in.

But Warin’s prosecution likely won’t be that test case.

Ms. Zemmelman gives it a “zero” chance. So does noted gun-rights advocate Stephen Halbrook, a Virginia attorney who has fought in many high-profile gun cases.

He scoffs at Warin’s tactics.

“I don’t know of any responsible Second Amendment advocates who would suggest that anybody get arrested,” he said.

Before being wheeled back to his cell, Warin said he has no regrets. His explanation comes with a simple shrug.

“I had to do what I had to do,” he said.

After Davis’ death, here come the calls for more gun controls. New York has some of the most oppressive err toughest gun laws in the country. Yet an above-the-law politician committed this crime.

Key quote from Bloomberg: We have got to get guns off the street.

I think you need to get guns into the hands of ordinary folks, not just famous people and politicians.

Here’s a link to a story detailing a ten count indictment against a pornography firm.

Thought we had to devote effort to terror and drugs and stuff.

Via Buck comes this:

“For too long in this city we were too tolerant of disorder,” Councilman Pat DeWine said. “When it comes down to it, I think we need to err on the side of people being safe in their neighborhoods.”

Heaven forbid we err on the side of, you know, freedom and responsibility. They required registration until recently but:

So, one approach failed and this one will too. Oh wait, it already had failed the first time. As the lone dissenter in the vote points out.

Per this:

North Korea and Iran are planning to form an alliance to develop long-range ballistic missiles with nuclear warheads, the Sankei newspaper said, citing unidentified Japanese military officials familiar with situations on the Korean Peninsula.

Uhm, if true, this is really not smart.

In light of recent events, you wanna bet on whether or not someone tries to pass legislation in the future that changes the requirements for being eligible to run for president?

There is a new pet store in Maryville called Pet Land. The Mrs. went to check it out, hoping that it would be like PetsMart. It wasn’t. The sold all kinds of purebred dogs that likely come from puppy mills, purveyors of misery. We won’t be back.

I like PetsMart because they only have adoption services and don’t sell purebreds. They also let you take your dog (it’s a great place to go to socialize your dog with people and other dogs, cats don’t do so well).

As Bubba tells us, the other pet store in Maryville is not better.

Two new additions to the blogroll: First up is Dizzy Girl. I noticed some hits from her site, been reading ever since. Her site is an entertaining read.

Next up is Hi, I’m Black, who linked to me a while back. I’d link to him just for the Mr. T theme. Also very entertaining.

Deb has done an outstanding job with the VTP. Check it, yo.

Ahnold will run. Total Recall. I’ll be back and all the other things you can say about that.

There’s gonna be a gay pope or something.

Kobe’s in trouble. The one thing I don’t quite understand is that he cheats on his wife and she appears at a press conference holding his hand and being supportive. I guess an $8,000,000 ring will do that.

Kathy links to a story about the Islamic invasion of America.

Les answers the question: If I could have one handgun to last the rest of my life, what would it be?

My answer is the Sigarms P229 (which I have). Why? In my opinion, Sigs are superior to all other handguns. The reason is that they are durable, easy to operate, and hands down the most reliable gun I’ve ever owned. I’ve put thousands and thousands of rounds through the three Sigs I’ve owned. I have had one jam that was due to an after market (i.e., not a Sig) magazine failing to feed a round. Also, on Sigs, all three functions are easily reached with your thumb. The magazine release, slide release, and decocker are located near where you thumb lies, unlike the 1911 (a fine gun, but not conveniently designed) where people with small hands can’t engage the slide release without two hands and other folks can’t do it without sacrificing site picture. Also, 9MM is a standard military round and there will never be a short supply of it.

A close second was the 1911 (for the same reasons above) but it’s awkward ergonomics caused it to lose out.

If the question was: If I could have one gun (i.e., not just handgun) to last the rest of my life, what would it be?

A Springfield M1A Scout (one I don’t have). Small, accurate, reliable, and there are enough military surplus parts and ammo to keep you in business indefinitely. The AR15 (which I have) came in second but was beaten due to the fact .308 Winchester is superior to 5.56X45MM for hunting and almost anything. Sure, you can carry more 5.56 but with a .308, you don’t need that much.

I found Dog Watch, which is a good site for keeping up with pet related legislation.

Two items leapt out at me, the first being this:

The city council is considering a strict breeding ordinance that could severely impact your ability to breed and show dogs.

Key Points of the Proposed Law:
· Professional animal care permits and annual inspections for anyone involved in breeding animals. A city business license would be required in order to apply for the permit.
· Those who breed without first obtaining a permit will be required to pay a litter fee and furnish the receipt number to pet purchasers who request it.
· Mandatory spay/neuter for all dogs and cats unless owners obtain an annual unaltered animal permit.
· Prohibits owning more than any combination of four dogs and cats unless residents purchase a multiple animal site or kennel permit.
Fee schedules and penalties will be established by the city at a later date.

In typical nanny fashion, the response to pet overpopulation is to legislate fees, licenses and penalties on everyone.

The second article, which is more disturbing, is this one from Maryland:

Hagerstown residents who own pit bulls would have to register them with the Hagerstown Police Department within 60 days or risk losing them under an ordinance Police Chief Arthur Smith on Tuesday asked the Hagerstown City Council to adopt.

Under the proposal, there would be only one 60-day period during which pit bulls could be registered.

At the close of the registration period, pit bulls could not legally be moved into Hagerstown, and unregistered pit bulls already in the city would be illegal.

In both cases, the owners would be required to forfeit the animals to the city, Smith said.

This is also the same type of thing governments do when banning certain guns. Older guns are grand-fathered but must be registered or risk the threat of confiscation. More:

Smith said the registration should be required for pit bulls because the animals are bred to be more vicious than other dogs.

“When it bites, it attacks in a more dangerous way than any other breed. It does not just bite you – it bites you and holds on,” Smith said.

Neither statement is true. Pit bulls are no more dangerous than any other dog as long as the pit bull, and the other dog, are both appropriately socialized. And pit bulls, despite urban legend, do not have the magic power to lock their jaws.

Because pit bulls are fierce, they are the animal of choice for drug dealers, Smith said. The dogs have become one more thing for officers to worry about when they conduct searches, he said.

Smith said that since drug dealers tend not to stay in one place for long, he does not think most dealers would go through the process of registering their dogs.

Since they admit one target of the legislation won’t comply anyway, what’s the point? And even if there is a door-to-door confiscation of pit bulls, drug dealers will switch to another breed (just like dog fighters did in Detroit).

The ordinance would require pit bull owners either to keep the animal indoors or, when outdoors, confined in an enclosed, locked pen with either a top or with all sides at least 6 feet high or muzzled and kept on a leash.

Again, the similarity to gun bans is astonishing. Not a lockbox, but in a pen.

Under the law, a dog owner would have to show proof of current liability insurance in the minimum amount of $50,000 for bodily injury or death of any person.

Now, this is just silly. Any large dog can do damage to anyone. It’s about owner responsibilities not breeds.

I am also remiss in mentioning that I’ve reconsidered my stance on the AKC. I think that it’s up to responsible pet owners to address puppy mills and unethical breeders. In addition, I found this AKC resource that also follows canine legislation.

It seems the AKC is pretty successful at lobbying against Breed Specific Legislation and kudos to them for that. In addition, the AKC has successfully lobbied for many laws in many states that legislate that a dog’s breed can not be a determining factor in deciding if the dog is dangerous.

I now have something else that they will have to take from my cold, dead hands.

Update: Not the face of a killer

And congrats to me on my first photoshop attempt. Does it suck?

A brewer has been asked to create a beer for women. They did, it’s called wine coolers.

One of my late friends once said in high school: Wine coolers suck but they got girls to drink. Werd!

Man arrested for doing home improvements:

According to the report, Michael Dolceacqua, 41, of 67 Hill St. was charged with doing home improvements without a permit, failure to refund payment of home improvements, failure to furnish a proper contract, failure to provide notice of cancellation and failure to provide contract copies.
He was released on a PTA for court Aug. 12.

Via UnknownNews.

From Publicola and Rachel Lucas: William Gates opened fire on drug dealers engaged in a shootout in his front yard. He did some damage. The police came and confiscated all of Mr. Gates guns. All of them.

Now, if this were me, I’d have likely assumed that taking the initial gun that I engaged the drug dealers with was for evidence. I may have let that slide, under the pretense I’d get it back soon and it would aid the judicial system.

If the police announced their unwarranted, unreasonable intent to search and seize my guns based on this premise, I’d be in the news for two shootings.

The police stated that there was no crime committed by Mr. Gates, yet confiscated his guns. Appalling.

Bill told labor unions that Bush could be beaten by placing emphasis on the underperforming economy, unemployment, tax cuts that have benefited the wealthy, and questions on the war in Iraq and the credibility of the administration’s case for war.

Of course, the economy can’t be controlled nor can unemployment. The tax cuts benefit lower wage earners as a percentage of income. And people still support the war.

And this guy’s the big dog? He can’t even beat Bush with that spiel.

A Bourbon plant caught fire. Such a waste even if it is Jim Beam.

Update: The Knob Creek plant is apparently safe.

Deb will be hosting the Volunteer Tailgate Party. Get your submissions ready.

Some folks who never see a need for guns and are defacto anti-gun (not that I’m mentioning names or anything like that), may want to read this post.

After Davis’ death, the post runs this article on the Armed and Famous. There are plenty of armed famous people in New York. I’m glad the celebrities can defend themselves. It makes me feel safe.

They are just like us, only better.

LayLines is back from the left coast.

A man was cleared of child porn charges after it was discovered the images were placed on his computer by a trojan horse.