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.

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)

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.

Gallup Poll on Gun Control

You may look at the poll results here.

Income and Taxes

Getting Richer, Paying More

Chart Data

	% all US income earned by top 1% of households	% all federal taxes paid by top 1% households
1980	7.7 %	14.2 %
1985	10.6 %	14.8 %
1990	11 %	16.2 %
1995	10.3 %	20.1 %
2000	15.5 %	25.5 %
2005	15.6 %	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.

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)

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.