Saturday, October 8, 2011

Memorial Oklahoma City

Pictures may be used with proper attribution. All pictures were taken by Steve Brown.




Memorial Garden









Sign that was in front
of Murrah.

















Parts from Ryder truck













Chairs, one for each of the 168 victims.

Wednesday, October 5, 2011

Mr. Obama as judge, juror and executioner

Not long ago, during the administration of President Bush, there was a war of outrage and condemnation waged against Mr. Bush because his administration was applying a little pressure to some high-value terror suspects.

President Obama has been using drones to take out terror suspects, and most recently, Anwar al-Awlaki. Missing though, are the voices of those who relentlessly condemned President Bush for adding a little cold water to the faces of some suspects.

Are we to assume that those who were condemning President Bush, and are now silent, see killing as a far lesser offense than applying a little discomfort?

A president who becomes the police, the prosecutor, the judge, the jury and the executioner is far more dangerous and much more deserving of condemnation than one who simply roughs up a suspect to get information.

Friday, March 4, 2011

How many Americans Earn What Income?

The link here shows income data from as far back as 1989. Shown in the table, is the number Americans who earn within certain income brackets. For example, in 2009, 1,024,302 Americans earned between $100,000 and $104.999.99.

Thursday, July 8, 2010

Pro-Gun Statement from Wisconsin DA, Gerald Fox

OFFICE OF GERALD R. FOX
JACKSON COUNTY DISTRICT ATTORNEY
NEWS RELEASE

For Immediate Release June 29, 2010
DISTRICT ATTORNEY GERALD FOX'S STATEMENT ON THE
U. S. SUPREME COURT'S DECISION IN MCDONALD v. CITY OF CHICAGO

Yesterday, in a resounding victory for all freedom-loving Americans, the United States Supreme Court confirmed that the Second Amendment's protection of our right to keep and bear arms applies everywhere in America, and serves as a rampart against state infringement of this fundamental individual liberty. In its ruling, the Court declared that the right to keep and bear arms is a fundamental right, and that self-defense is at the core of the freedoms protected by the amendment.

This Supreme Court ruling is binding on all states and local governments, and immediately renders some of Wisconsin's current laws unconstitutional. Therefore, in keeping with my oath to uphold and defend the Constitution, I hereby declare that this office will no longer accept law enforcement referrals for violations of the following statutes:

Section 167.31, prohibiting uncased or loaded firearms in vehicles; Section 941.23, prohibiting the carrying of concealed weapons, including firearms; Section 941.235, prohibiting the possession of firearms in public buildings;
Section 941.237, prohibiting the possession of firearms in establishments where alcohol may be sold or served; and, Section 941.24, prohibiting the possession of knives that open with a button, or by gravity, or thrust, or movement.

All of these statutes constitute unjustifiable infringements on the fundamental right of every law-abiding American to arm themselves for self-defense and the defense of their loved ones, co-workers, homes and communities. This change also invalidates Jackson County Ordinance Sections 9.01 (firearms in public buildings) and 9.29 (CCW).

Prior to this historic ruling, our state Supreme Court placed the state's interests first, and would only create an exception to these laws when the individual's need for protection outweighed the state's interest. In the area of concealed carry, only 2 cases have approved concealed carry, one at home, and the other one at the defendant's personally-owned place of business. Well, as the United States Supreme Court held yesterday, that view was exactly backward.

As with the other fundamental rights, such as the freedom of speech, of religion, of association, or of security in our homes, persons, and effects, government limitations on fundamental rights are lawful only in the rare case that the state can show a compelling governmental need that can be accomplished only by enacting a narrowly-tailored restriction, in terms of time, place and manner. Clearly, a blanket prohibition against carrying your loaded firearm in your personal vehicle does not pass that test.

Put it another way: Does preventing the barkeep from protecting herself when she carries the bank bag home from the tavern make sense? Not here, not anymore. That's not an American value; it puts concern for the criminal's welfare ahead of the barkeeper's right to self-defense. The fact is, criminals don't pay attention to gun laws, only we good folks do. After 15 years of criminal law practice, I can state positively that when criminals resolve to harm someone, no law will stop them. These so-called "public safety" laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over.

I will watch for the legislature to make needed corrections in these areas. In the meantime, while I am happy to declare that we will follow the Supreme Court's ruling, I want to emphasize that with fundamental rights come grave responsibilities, and I will continue to vigorously enforce the laws against unlawfully using firearms, such as the prohibition against felons being armed; going armed while intoxicated; using a firearm to commit a crime; and endangering safety by negligent handling of a weapon, to name just a few. Only by the strictest adherence to firearm safety rules and common sense will we show that the elitists who seek to disarm all of us are wrong, and that every law abiding citizen can be trusted to protect themselves and their neighbors safely.

Non-Resident Concealed Weapon Permits

After I read a NY Times story on Utah's non-resident concealed weapon permits, I decided to investigate how many other states issue non-resident permits. I came across a website that listed some states, and made calls to the issuing agencies in those states. I was able to confirm that twenty-two of the twenty-three listed states do in fact issue non-resident permits. The only state on the list from which I heard a "no" was Maryland. The "no" could be suspect because the person to whom my query was directed was hostile to my question. Not sure why.

Here are the states: Arizona, Connecticut, Florida, Idaho, Indiana, Iowa (if you have to conduct business in the state), Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Hampshire, North Dakota, Oregon (residents of contiguous states), Pennsylvania, Rhode Island, South Carolina (need to own property in the state),Texas, Utah, Virginia and Washington.

For permit reciprocity among states, go here.

Does McDonald Confer a Fundamental Right to Arms?

The opinion by Justice Alito seems to suggest that the right to arms is fundamental, but does that fundamental designation mean that the standard of review in gun rights cases will be strict scrutiny? I put the question to a lawyer, and the response: " Normally, that would (and should) imply strict scrutiny, but actually deciding that will require further decisions by the courts."

I had sought clarification because if in fact the court had conferred fundamental right status on gun rights, that should have been the central theme of many subsequent commentaries, and that has not been the case.

As stated above, strict scrutiny is the standard of review when courts have to address a fundamental right. Under strict scrutiny, the government has to show that a restriction on a fundamental right is narrowly tailored to meet a compelling state interest. From what I have read and heard, that is a very substantial burden for the government, and it mostly loses.

When it comes to guns, I have a feeling that for many judges, the right to arms is dangerous, and therefore, a lower form of strict scrutiny may evolve for gun cases. I think one can find seeds of this danger in the dissents of Breyer and Stevens.

McDonald v. Chicago

Breyer's dissent

Stevens' dissent

Wednesday, July 7, 2010

Benson v. Chicago

You may read the brief, Brett Benson v. Chicago, here.
After reading the brief, it is difficult to see how any judge will be able to uphold most or all the Chicago restrictions. But then again, four justices on the Supreme Court failed to see how the precedent, Heller, could be extended to cover all citizens.

Thursday, August 20, 2009

Seventh Circuit on Handgun Registration

The case, Justice v. Town of Cicero, was decided on August 14, 2009, relies on the idea that the Second Amendment does not apply to the states. No surprise there, because since Heller, the Seventh and Second Circuits have found the same.

"Thus, even if we are wrong about incorporation, the Cicero ordinance which leaves law-abiding citizens free to possess guns, appears to be consistent with Heller."

Incorporation is the doctrine that The Bill of Rights also applies to the states. Whether the Second Amendment applies to the states is not settled.

Wednesday, July 22, 2009

Senate Vote On Thune Amendment

On July 22, 2009, the US Senate voted on the Thune Amendment. The amendment would allow those who hold concealed weapon permits in their home states to carry a concealed weapon in all of the 48 states that issue concealed weapons permit. Since Senator Schumer (D) of New York lodged a filibuster, 60 votes were required for the amendment to prevail. The vote was 58 in favor of the amendment and 39 against.

Thirty-eight Republicans along with twenty Democrats voted "yes". Two Republicans, Lugar of Indiana and Voinovich of Ohio voted "no".

Senators Voting "yes"

Alexander (R-TN)
Barrasso (R-WY)
Baucus (D-MT)
Bayh (D-IN)
Begich (D-AK)
Bennet (D-CO)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Casey (D-PA)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Collins (R-ME)
Conrad (D-ND)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Dorgan (D-ND)
Ensign (R-NV)
Enzi (R-WY)
Feingold (D-WI)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hagan (D-NC)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Johnson (D-SD)
Kyl (R-AZ)
Landrieu (D-LA)
Lincoln (D-AR)
Martinez (R-FL)
McCain (R-AZ)
McConnell (R-KY)
Murkowski (R-AK)
Nelson (D-NE)
Pryor (D-AR)
Reid (D-NV)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Snowe (R-ME)
Tester (D-MT)
Thune (R-SD)
Udall (D-CO)
Udall (D-NM)
Vitter (R-LA)
Warner (D-VA)
Webb (D-VA)
Wicker (R-MS)

Senators Voting "no"

Akaka (D-HI)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Burris (D-IL)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Dodd (D-CT)
Durbin (D-IL)
Feinstein (D-CA)
Franken (D-MN)
Gillibrand (D-NY)
Harkin (D-IA)
Inouye (D-HI)
Kaufman (D-DE)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lugar (R-IN)
McCaskill (D-MO)
Menendez (D-NJ)
Merkley (D-OR)
Murray (D-WA)
Nelson (D-FL)
Reed (D-RI)
Rockefeller (D-WV)
Sanders (I-VT)
Schumer (D-NY)
Shaheen (D-NH)
Specter (D-PA)
Stabenow (D-MI)
Voinovich (R-OH)
Whitehouse (D-RI)
Wyden (D-OR)

Senators Not Voting

Byrd (D-WV)
Kennedy (D-MA)
Mikulski (D-MD)

Monday, June 29, 2009

Sotomayor On The Second Amendment

Why are people harassing judge Sotomayor on gun rights? In Maloney v. Cuomo (Second Circuit) in a per curiam opinion, the Circuit held that the Second Amendment is only a limitation on the federal government, meaning, states are not bound by the Second Amendment. The holding is reasonable, given that the Supreme Court has never ruled that the Second Amendment applies to the states.


The Heller decision of June 2008 only held that in DC, a federal entity, the Second Amendment protects an individual right to arms.


In NRA v. Chicago, the Seventh Circuit shared the view of Second Circuit. The Ninth Circuit, in Nordyke v. Alameda County, took a view opposite to that of the Second and Seventh circuits.

Wednesday, April 8, 2009

Gallup Poll on Gun Control

You may look at the poll results here.

Saturday, March 7, 2009

Income and Taxes


By The Numbers

Getting Richer, Paying More

Chart Data


% all US income earned by top 1% of households % all federal taxes paid by top 1% households
19807.7 %14.2 %
198510.6 %14.8 %
199011 %16.2 %
199510.3 %20.1 %
200015.5 %25.5 %
200515.6 %27.6 %

The presidential campaign has sparked debate about whether the rich are paying a fair share of taxes. Above, from a study by the Congressional Budget Office, is the percent of total after-tax income earned and percent of all federal taxes paid by the top 1% of U.S. households. The study includes taxes directly paid by individuals, such as income and payroll taxes (including taxes on dividends and capital gains), as well as estimates of the share of other taxes, such as corporate taxes, borne by each income group based on data on dividends and capital gains on income tax returns. Latest data is from 2005.

Thursday, February 26, 2009

Senate Voted 62-36 To Restore Gun Rights In DC

On February 26, 2009, the US Senate voted 62-36 to restore gun rights to DC residents. The amendment, sponsored by Senator Ensign (R.NV), was attached to the bill to give DC a vote in the House. Twenty-two Democrats along with forty Republicans voted "yes". One Republican (Lugar, IN) along with thirty-five Democrats voted "no". Senator Kennedy did not vote. One senate seat from Minnesota is vacant.


YEAs ---62
Alexander (R-TN)
Barrasso (R-WY)
Baucus (D-MT)
Bayh (D-IN)
Begich (D-AK)
Bennet (D-CO)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Byrd (D-WV)
Casey (D-PA)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Collins (R-ME)
Conrad (D-ND)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Dorgan (D-ND)
Ensign (R-NV)
Enzi (R-WY)
Feingold (D-WI)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hagan (D-NC)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Johnson (D-SD)
Kyl (R-AZ)
Landrieu (D-LA)
Lincoln (D-AR)
Martinez (R-FL)
McCain (R-AZ)
McCaskill (D-MO)
McConnell (R-KY)
Murkowski (R-AK)
Nelson (D-NE)
Pryor (D-AR)
Reid (D-NV)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Snowe (R-ME)
Specter (R-PA)
Tester (D-MT)
Thune (R-SD)
Udall (D-CO)
Udall (D-NM)
Vitter (R-LA)
Voinovich (R-OH)
Warner (D-VA)
Webb (D-VA)
Wicker (R-MS)
NAYs ---36
Akaka (D-HI)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Burris (D-IL)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Dodd (D-CT)
Durbin (D-IL)
Feinstein (D-CA)
Gillibrand (D-NY)
Harkin (D-IA)
Inouye (D-HI)
Kaufman (D-DE)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lugar (R-IN)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Reed (D-RI)
Rockefeller (D-WV)
Sanders (I-VT)
Schumer (D-NY)
Shaheen (D-NH)
Stabenow (D-MI)
Whitehouse (D-RI)
Wyden (D-OR)
Not Voting - 1
Kennedy (D-MA)

Saturday, February 21, 2009

Tenth Circuit Ruled For Guns At The Job

Oklahoma had passed a law making it unlawful for business owners to prevent workers from storing guns in workers' locked cars on the property of business owners. Businesses brought suit in the Northern District of Oklahoma and won a permanent block on enforcing the Oklahoma law. The lower court argued that the law is preempted by federal law, and specifically regulations dealing with work place safety (Occupational Health and Safety Act of 1970). The lower court also heard arguments that the Oklahoma law was an unconstitutional taking of property because business owners were deprived the ability to regulate who may enter upon of their property. The lower court dismissed that claim.

On February 18, 2009, the US Tenth Circuit Court of Appeals reversed the lower court. You may read the opinion here.

Saturday, February 7, 2009

The Cursing Mr. Obama

Go here, and to listen, scroll down and click on the audio links.

Wednesday, January 28, 2009

Rush Limbaugh Reveals the Two Faces of President Obama

Taken from Rushlimbaugh.com on January 28, 2009

President-elect Obama at George Mason University on January 8, 2009

"Only government can provide the short-term boost necessary to lift us from a recession this deep and severe. Only government can break the cycle that are (sic -- is) crippling our economy. That's why we need to act boldly and act now, to reverse these cycles. That's why we need to restart the flow of credit and restore the rules of the road that will ensure a crisis like this never happens again."

President Obama at the White House meeting with business leaders on January 28, 2009.

"
In the end! The answer to our economic troubles rests less in my hands or in the hands of our legislators than it does with
America's workers and the businesses that employ them. They are the ones whose efforts and ideas will determine our economic destiny just as they always have, for in the end it's businesses -- large and small -- that generate the jobs, provide the salaries, and serve as the foundation on which the American people's lives and dreams depend. All we can do, those of us here in Washington, is to help create a favorable climate in which workers can prosper, businesses can thrive, and our economy can grow."

Wednesday, January 7, 2009

Federal Income Tax By Income Group.

Table Taken from National Tax Payers Union.


For Tax Year 2006

Percentiles Ranked by AGI

AGI Threshold on Percentiles

Percentage of Federal Personal Income Tax Paid

Top 1%

$388,806

39.89

Top 5%

$153,542

60.14

Top 10%

$108,904

70.79

Top 25%

$64,702

86.27

Top 50%

$31,987

97.01

Bottom 50%

<$31,987

2.99

Note: AGI is Adjusted Gross Income
Source: Internal Revenue Service

For Tax Year 2005

Percentiles Ranked by AGI

AGI Threshold on Percentiles

Percentage of Federal Personal Income Tax Paid

Top 1%

$364,657

39.38

Top 5%

$145,283

59.67

Top 10%

$103,912

70.30

Top 25%

$62,068

85.99

Top 50%

$30,881

96.93

Bottom 50%

<$30,881

3.07

Note: AGI is Adjusted Gross Income
Source: Internal Revenue Service

For Tax Year 2004

Percentiles Ranked by AGI

AGI Threshold on Percentiles

Percentage of Federal Personal Income Tax Paid

Top 1%

$328,049

36.89

Top 5%

$137,056

57.13

Top 10%

$99,112

68.19

Top 25%

$60,041

84.86

Top 50%

$30,122

96.70

Bottom 50%

<$30,122

3.30

Note: AGI is Adjusted Gross Income
Source: Internal Revenue Service

For Tax Year 2003

Percentiles Ranked by AGI

AGI Threshold on Percentiles

Percentage of Federal Personal Income Tax Paid

Top 1%

$295,495

34.27

Top 5%

$130,080

54.36

Top 10%

$94,891

65.84

Top 25%

$57,343

83.88

Top 50%

$29,019

96.54

Bottom 50%

<$29,019

3.46

Note: AGI is Adjusted Gross Income
Source: Internal Revenue Service

For Tax Year 2002

Percentiles Ranked by AGI

AGI Threshold on Percentiles

Percentage of Federal Personal Income Tax Paid

Top 1%

$285,424

33.71

Top 5%

$126,525

53.80

Top 10%

$92,663

65.73

Top 25%

$56,401

83.90

Top 50%

$28,654

96.50

Bottom 50%

<$28,654

3.50

Note: AGI is Adjusted Gross Income
Source: Internal Revenue Service

For Tax Year 2001

Percentiles Ranked by AGI

AGI Threshold on Percentiles

Percentage of Federal Personal Income Tax Paid

Top 1%

$292,913

33.89

Top 5%

$127,904

53.25

Top 10%

$92,754

64.89

Top 25%

$56,085

82.90

Top 50%

$28,528

96.03

Bottom 50%

<$28,528

3.97

Note: AGI is Adjusted Gross Income
Source: Internal Revenue Service

For Tax Year 2000

Percentiles Ranked by AGI

AGI Threshold on Percentiles

Percentage of Federal Personal Income Tax Paid

Top 1%

$313,469

37.42

Top 5%

$128,336

56.47

Top 10%

$92,144

67.33

Top 25%

$55,225

84.01

Top 50%

$27,682

96.09

Bottom 50%

<$27,682

3.91

Note: AGI is Adjusted Gross Income
Source: Internal Revenue Service

For Tax Year 1999

Percentiles Ranked by AGI

AGI Threshold on Percentiles

Percentage of Federal Personal Income Tax Paid

Top 1%

$293,415

36.18

Top 5%

$120,846

55.45

Top 10%

$87,682

66.45

Top 25%

$52,965

83.54

Top 50%

$26,415

96.00

Bottom 50%

<$26,415

4.00

Note: AGI is Adjusted Gross Income
Source: Internal Revenue Service

Tuesday, December 30, 2008

Brady Campaign Filed Suit To Stop Concealed Guns In Park

The Department of the Interior issued a new rule allowing concealed guns in National Parks, as long as the states that house the parks permit concealed weapons. The final rule is here. The Brady Campaign has filed a lawsuit in federal court seeking to block the new rule. The Brady brief is here.

Saturday, December 13, 2008

Maxine Waters Played On Lou Dobbs' Incompetence

Here is Maxine Waters on Lou Dobbs Program on December 11, 2008.

Here is Maxine Waters on October 6, 2004 saying (a) there are no problems with mortgages and (b) championing mortgages under relaxed standards.

Mr. Dobbs needs to do his homework.