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In welcome news this morning, the Supreme Court agreed to hear arguments in the potentially far-reaching Second Amendment case of “McDonald vs. City of Chicago.” At issue is whether last year’s historic Heller vs. District of Columbia decision affirming the individual right to bear arms also applies to state law, a doctrine known as “incorporation.” The Court said it will hear the case this coming January or February.

But the case also presents opportunities to expand all civil liberties, not just Second Amendment rights. As Doug Kendall of the progressive think tank, the Constitutional Accountability Center, noted in their recent brief supporting McDonald:

“McDonald v. City of Chicago is about more than guns: it is about whether the Court will restore the precise constitutional text that requires states to honor the fundamental rights of all Americans.”

Background:

In the 2008 Heller decision, the Supreme Court unequivocally affirmed the civil right of citizens to keep loaded handguns “at the ready” in their homes. However, the ruling specifically said that their decision applied only to federal, not state law.

Writing for the majority in favor of Second Amendment rights, Justice Scalia said:

“It held that the Second Amendment protects an individual right to possess firearms and that the city’s [Washington, D.C.] total ban on handguns, as well as its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense, violated that right.”

The McDonald case has the potential to solidify the Heller ruling and, hopefully, strike down once and for all restrictive state or city ordinances that amount to total handgun bans, as well as laws that insist that handguns must be stored in a “nonfunctional” state, e.g. in a safe or with trigger locks in place. (Note: If you have kids around the house, use common sense about the relative risks of home invasion vs. curious young hands.)

All five of the justices who supported last year’s Heller decision are still serving, with the addition of Justice Sonya Sotomayor (recently appointed by President Obama) whom we expect to join with the majority in applying the Second Amendment rights and protections to the states.

Arbitrary and Capricious

Chicago’s handgun ban was instituted in early 80s during the anti-gun sentiment following the attempted assassination of Ronald Reagan. Local feelings about the law are mixed, but there is no evidence that the law’s intent of lowering violent crime has worked in any way. Chicago residents face up to a year in jail as well as fines for mere possession of a handgun.

However, like most gun prohibitions, the law has not been uniformly or equitably enforced, as was shown in 1994 when Illinois state senator Rickey Hendon, representing west Chicago, reported a handgun stolen from a burglary but was not prosecuted for owning it. This is clear evidence that enforcement of the ban is both “arbitrary and capricious” (see below). We suspect lawyers arguing the case will find more instances of inequity without having to look very hard.

Earlier this year, gun rights activists became especially concerned after another far-reaching gun control bill, The Blair Holt Bill, was introduced to a chilly reception in Congress by Chicago Congressman, Bobby Rush. Rush’s bill included conditions for gun ownership, such as a requirement that guns be disassembled while not in use, that would be unconstitutional if the Heller decision is applied to the states.

Modest Change

If the Supreme Court determines that citizens of all states have the same inalienable rights to self-defense and firearms ownership, it will not result in a complete overhaul of all state restrictions. In the Heller ruling, the Supreme Court listed a number of permissible restrictions which it seemed to leave up to local jurisdictions to decide for themselves.

Quoting from the Heller decision, these restrictions include the following:

• “prohibitions on the possession of firearms by felons and the mentally ill”
• “laws imposing conditions and qualifications on the commercial sale of arms.”
• “concealed weapons prohibitions”
• “the historical tradition of prohibiting the carrying of dangerous and unusual weapons”

The Heller decision also upholds governments’ right to require registration or licensing:

“Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.”

 While the court does not require any of these listed restrictions, in the tradition of federalism it leaves the door open to local sentiment and control within specified bounds as long as they are well short of de jure or de facto bans. This is in line with the emerging policy of the Obama administration, which favors federalism and local control in matters of firearms policy. AHSA believes this approach is in the best tradition of our federal system; but we would also argue that state-level pre-emption laws that apply a single legal standard throughout a state are better than a patchwork of confusing and draconian local laws that make criminals out of law-abiding citizens who innocently cross unmarked or unposted boundaries.

Our bet is that the Supreme Court will rule on the side of gun owners and of the original intent of the founders of our republic by incorporating the Second Amendment to apply to all jurisdictions. If you have an FFL in the Chicago area, you can expect some new customers come this spring.

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President Barack Obama has proclaimed September 22 to be National Hunting and Fishing Day. In declaring his support of the American traditions of hunting and fishing, the president expressed his support both for those traditions and for the values they instill and sustain in the American character.

"On National Hunting and Fishing Day, we celebrate their contributions to our natural environment and our national heritage." - President Barack Obama

Said the president:

"Since our Nation's founding, hunters and anglers have cherished these unparalleled natural gifts and marveled at their untamed beauty. National Hunting and Fishing Day recognizes the contributions of millions of Americans who continue to engage in these ageless pursuits.

Following in the centuries-old footsteps of the pioneers who walked before them, hunters and anglers have played a key role in the conservation and restoration of numerous species and their natural habitats. They not only understand their pivotal role as stewards of the land, but also seek to pass on this honored tradition to future generations . . . If not for America's great hunters and anglers, like President Theodore Roosevelt and Aldo Leopold, our Nation would not enjoy sound game management; a system of ethical, science-based game laws; and an extensive public lands estate on which to pursue the sports. On
National Hunting and Fishing Day, we celebrate their contributions to our natural environment and our national heritage."

(The president's full remarks in support of hunters and anglers can be read in full on the White House website.)

Conservation, stewardship of the land, self-reliance and strength of character are values AHSA also believes are integral to our gun-owning traditions. We are proud to share these values with our president and to support his efforts to preserve our national heritage, our gun rights and the lands we love.

I was in Hawaii, my home state, for most of August. Yes, it is a state. And, yes, Barack Obama was born here. We’re quite proud of that. The fact that this is an issue shows the absurdity to which the political debate in our country has devolved.

Like most people, I’ve come to expect a certain level of absurdity from the hard-core right wing. But, I have to admit, I was surprised that we got to a point where we were debating carrying guns to presidential events. As a gun-owner who takes his gun rights very seriously, I followed the discussion about guns being carried outside events where President Obama is speaking very closely. And, I don’t want supporters of gun rights tied to the far-right militia-types, because we’re not.

First, I support the right of law-abiding citizens to carry firearms to protect themselves. And, I know most gun owners who take on the responsibility of carrying in public know the responsibilities involved.

However, what we’ve seen lately is that for those carrying guns at Obama events it isn’t about self-defense, or exercising their rights, this was about politics – ugly politics. And, in the case of the AR-15, it was a radio show gimmick.

Then, last week, it didn’t help that someone was carrying around a sign at the FOX News/Tea Party protest, which read “We came unarmed (this time).” What kind of implied threat was that? Again, those aren’t the kind of gun owners with whom I want to be affiliated.

The problem with playing political games and launching stunts with our gun rights is that it makes all gun-owners look bad. This has been a problem we’ve had for years, mostly because the leaders of the National Rifle Association put partisan politics first. That weakens our overall movement. We already won the arguments that the Second Amendment is an individual right. We don’t need to flaunt those rights in ways that make gun owners the subject of mockery with links to militias. That’s not who most of us are. We took one major step forward – and we don’t need to take any steps back.

I’ve been saying for months that Obama isn’t going to take away anyone’s gun rights, so for me the relaxed response from the White House over carrying guns in public was no surprise. But, to many others, like the NRA, who refuse to accept Obama’s commitment to our Second Amendment rights, I’m sure it was unexpected.

Here’s what came From the White House:

Robert Gibbs, the White House press secretary, said people are entitled to carry weapons outside such events if local laws allow it. "There are laws that govern firearms that are done state or locally," he said. "Those laws don't change when the president comes to your state or locality."

It’s absolutely consistent with what I’ve been saying, and consistent with Obama’s position on gun rights. That should have made all gun owners happy. Yet, we all know that response didn’t make the leadership of the National Rifle Association (NRA) happy. Wayne LaPierre and Chris Cox spent $40 million of their members’ money to defeat Obama. They spread lies about him then, and they haven’t stopped.

And, even though LaPierre and Cox been wrong every time, you won’t hear them admit it. Ever. That’s not their style. Their style is to foment discord with lies. That’s what we’ve seen at town halls: people who open carry with inflammatory messages, in hopes that the Administration will make all their lies and falsehoods seem true. Guess what NRA: you were wrong again.

Like I’ve said before, I support the right to carry and think that’s a decision best made by well-trained gun owners who are aware of the responsibilities that go along with it. But, encouraging gun owners to carry at a political event with the president just to make a statement is ridiculous. And, for the NRA, it “backfired.” I just hope this ploy doesn’t hurt the public's perception of gun owners, and make it harder to defend our rights.

Dre and I walked for 4 hours soaking in many of the exhibits at the annual sportsman’s exhibition this past February. One constant was that we didn’t see any other Black people among the thousands who were talking to outfitters from all over the world, attending workshops and seminars and visiting with vendors. Dre, a wonderful thirteen year old boy whom I was fortunate to get matched up with by the Big Brothers Big Sisters Program, asked me the question I have been asking for years. “Why don’t African Americans participate very much in outdoor sports, especially hunting?

According to the most recent U.S Census estimates on the distribution of the U.S. population by race/ethnicity (2007) there are 37 million African Americans or about 12 percent of the total population. According to the U.S. Department of Fish and Wildlife data for the same year, only 1 percent of those who hunt are African Americans.

In the spring of 2008, in response to what I perceived as an opportunity and a need, I created the African American Hunting Association (AAHA) Website aahunt.com. The response from people all over the world has been exciting. The mission the African American Hunting Association LLC (AAHA) is to increase the number of African Americans and urban residents living in the United States involved in hunting, game management, shooting sports, and conservation. The values AAHA is founded on include the rights of all Americans to hunt for food and for sport, the rights of individuals to own and use firearms and other weapons in accordance with the Constitution of the United States and all applicable federal, state and local laws.

Also, last summer Greg Gordon owner of, NLE Media, who built the website, introduced the idea that we should co-produce an outdoor television show aimed at African Americans, who represent a vast untapped consumer market. Well, one thing led to another, and now we have completed the first season of 13 shows, which can be viewed on the website and DVD’s of the show can be purchased. The shows feature host Donny Adair, his 23-year old son Donnell, and other young African American hunters and fisherman. The hunts and fishing adventures were videotaped in Oregon (our home state), Idaho and Mississippi, which I call my adopted home state. The game harvested includes Chukar, Pheasant, Ducks, Geese, Blacktailed Deer, Elk, Whitetail Deer, Salmon, Sturgeon and other warm water fish. AAHA and NLE Media are now seeking sponsors to take their 30-minute show to the television airwaves.

The AAHA invites everyone who supports the mission, goals and objectives of our organization to participate with us regardless of their individual race, ethnicity, national origin, gender or sexual orientation. It is a multi-cultural organization. All are welcome to join AAHA. The goals and objectives are work to promote better understanding and acceptance of the sport of hunting at the local, regional and national level; and to increase involvement of African American individuals and families in hunting and associated outdoor sports such as camping, hiking, fishing biking, photography, etc. The AAHA will increase the opportunity for African American hunters to obtain state of the art or the best hunting equipment each hunter can afford. The AAHA will provide increased opportunities for African Americans to enjoy the great outdoors, regionally, nationally and internationally.