Well, almost. This is a video clip of a scene from Shatner's TV show Boston Legal. I'm not going to spoil it for you by describing it. I've caught only a few episodes of the show and it is well done, though I don't always agree with the politics expressed. Let's just say that I approve of this particular message.
Chuck Norris NRA Ad
Chuck Norris, never one to mince words or be shy about his patriotism joined with the NRA to present this ad. He doesn't endorse any candidate, but simply reminds us some of what is at stake in this or any election. If you want to look at how your local candidates stand on gun rights, you can go to the NRAPVF site and enter your zip code for more information.
BREAKING NEWS: Chicago Faces Incorporation Challenge
There are now two (2) incorporation challenges working their way through the court system. This is good news as it increases the odds that at least one court will decide favorably for gun owners.
The challenge to the Chicago gun ban, one similar to that in D.C., has now focused on the question of incorporation at the request of the court. Before deciding the merits of the case against the gun ban, the court will decide if the Second Amendment applies to the State of Illinois and Chicago. The case is McDonald v. City of Chicago, et al and you can read the brief for incorporation here.
California - Nordyke v. King, et al
As previously mentioned, the U.S. Supreme Court decision in the Heller case, holding that there is an individual right to own firearms, does not automatically apply to all of the states. Historically, the court has held that the Bill of Rights is a limitation on federal powers, not the states. Since the civil war, the court has "incorporated" the individual rights against the states in various decisions. Until a right is "incorporated" the states do not have to follow that limitation.
The most promising case is Nordyke, et al v. King, et al. In this appeal, Nordyke, who runs gun shows in California, filed suit over a decision by a county board of supervisors to prohibit gun shows on county lands (fairgrounds). The original case went through the courts and was appealed to the 9th Federal Circuit court of Appeals. This court supported the county, saying (at the time) the Second Amendment only protected a "collective right" nor did it apply to the states.
In light of Heller, attorneys for the Nordykes have filed an appeal with the 9th Circuit court. Since the Supreme Court has ruled that the right is an individual right instead of a collective one, part of the Circuit court's ruling is undermined. They ask the court to revisit the earlier decision.
But wait! There's more!
Because the California constitution acknowledges the U.S. Constitution as the supreme law of the land, one argument is that the 2nd Amendment is already incorporated (but no one acknowledges this). That is just one question of several that must be answered.
This case has attracted some major legal talent. Primary attorneys for the Nordykes are Don Kilmer and Don B. Kates, both of whom have written books on the 2nd Amendment. The Second Amendment Foundation submitted a supporting brief written by Alan Gura who successfully argued the Heller case before the Supreme Court. Gura's brief is one very persuasive document that disassembles the opposition. The current briefs to date are listed below.
In the original case, a three-judge panel decided against Nordyke. In their decision, however, they had problems with existing (pre-Heller) decisions. They essentially provided a roadmap for incorporation which Gura, Kates and Kilmer have followed.
If this case is decided favorably, it opens the door to challenging thousands of state gun laws. States like California and Massachusetts will have to defend their laws on strict constitutional grounds.
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