The Gottlieb-Tartaro Report
Issue 086
February, 2002

GUN FIGHTS IN THE COURT CORRAL

This month the major gun rights battles were in the courts. The outcomes were a mixed bag, mostly victories, but a few troubling decisions.

Among the highest profile cases was the lawsuit brought by the City of Philadelphia against a number of gun manufacturers, including Smith & Wesson, Glock, Browning, Beretta and Sturm, Ruger & Co.

A federal appeals court rejected the city’s lawsuit against the firearms industry, saying gunmakers aren’t required to protect citizens from misuse of weapons.

The 3rd U.S. Circuit Court of Appeals upheld a decision by federal Judge BERLE M. SCHILLER, who had dismissed the lawsuit.

Philadelphia filed its lawsuit in April 2000, joining more than 30 cities and counties that sued gun manufacturers.

The Philadelphia lawsuit claimed gunmakers failed to provide sufficient safety devices; flooded the market with cheap guns knowing many would be used in a crime; and knowingly supplied disreputable dealers.

The city wanted reimbursement for police and emergency services and sought to force gunmakers to add safety features and change how the firearms are marketed.

The city has not decided whether or not it will appeal.

In Ohio, gun rights defenders won a significant victory as the state’s ban on carrying concealed firearms was struck down as unconstitutional in a landmark trial court ruling.

Judge ROBERT RUEHLMAN of Hamilton County Common Pleas Court invalidated two sections of Ohio law, one banning all concealed carry, with felony penalties for violators (R.C. 2923.12), and the other banning loaded guns in a motor vehicle (R.C. 2923.16).

Judge Ruehlman ordered a permanent injunction forbidding enforcement of those two sections against law-abiding citizens.

The lawsuit was funded by the Second Amendment Foundation (SAF). “This is one of the greatest victories for the Second Amendment Foundation and the citizens of Ohio,” said SAF Founder ALAN GOTTLIEB. “Not since SAF forced the city of Los Angeles to begin issuing concealed carry licenses have we earned such a clear win, and it feels great to strike down a gun control law using the Ohio Constitution.”

Among other issues, SAF won the lawsuit arguing that the anti-gun law violated the Ohio Constitution, Article 1, Section 1 (inalienable right to defending life, liberty and property), Article 1, Section 4 (bear arms for defense and security), Article 1, Section 2 (equal protection), and Article 1, Section 16 (due process).

But Ohio gun owners should not rush to carry their firearms, because the Ohio First District Court of Appeals subsequently issued a stay of the lower court’s order. That means it is still illegal to carry concealed firearms in Ohio.

The appeals court’s stay will expire on April 10, just enough time to give both parties an opportunity to make their views known, and for the state legislature to revise the law. Observers foresee a complete victory for gun rights.

An Illinois appeals court has ruled that the families of a slain Chicago police officer and four others killed by gang shootings can file public nuisance lawsuits against gun makers and distributors.

Justice WILLIAM COUSINS of the Illinois Appelate Court said the families were free to sue manufacturers and distributors of the guns used in the crimes, but barred them from suing other gun makers.

The gun makers, consisting of Bryco Arms, Navegar Inc, and Smith & Wesson, and dealers Breit & Johnson Sporting Goods Inc. and Chuck’s Gun Shop maintained that it was not fair to link them with street crime just because their lawful products were misused. The appeals court, however, ruled that a genuine case of nuisance might be made.

This is a setback in the fight against lawsuits that aim to wreck the firearms industry. It still remains, however, for gun control advocates to make the case of nuisance in court, and that has proven to be difficult in product liability trials.

On the brighter side, a Cook County judge dismissed a case brought by the Illinois attorney general’s office to stop handgun manufacturers from producing and selling illegal, inexpensive revolvers.

Circuit Court Judge ROBERT BOHARIC dismissed a request by the attorney general for an injunction against DONALD R. BELTRAME, owner of Suburban Sporting Goods. The judge said the state so far has failed to prove that the defendants knew that they were producing and selling illegal firearms.

JOHN GORMAN of the attorney general’s office said prosecutors intend to refile and will prove BELTRAME knowingly sold revolvers made from zinc alloy, which melt or deform at a temperature less than 800 degrees, which is a violation of state law.

BELTRAME’s lawyer said, “They can’t prove that in a million years.”

In another setback for gun owners, a Pennsylvania appeals court has dismissed a lawsuit by sportsmen attempting to forbid the state police from keeping records of handgun purchases.

The Allegheny Sportsmen’s League, the Lehigh Valley Firearms Coalition and four individual plaintiffs lost by a 5-2 ruling, which rejected their arguments that a database of handgun sales kept by the agency violates the state’s 1995 Uniform Firearms Act. The computer database, said the sportsmen, constituted an illegal registry of firearms ownership.

In a dissent, Judge ROCHELLE S. FRIEDMAN said the database was in fact a registry of ownership.

MICHAEL SLAVONIC, a board members of the Allegheny Sportsmen’s League, was encouraged by the dissent and said he would recommend that the case be appealed further.

Encouraging news from California: The California Rifle and Pistol Association (CRPA) has filed a lawsuit in San Francisco County Superior Court challenging San Francisco’s “assault weapon” ordinance. The lawsuit alleges that the city’s ordinance is unconstitutional and is preempted by the state’s “assault weapon” law.

Seven California cities passed local “assault weapon” bans between 1987 and 1989, when a state law on the subject was passed forbidding cities to enact bans on firearms in conflict with state law. All except San Francisco repealed their ordinances in response to a CRPA request.

CHUCK MICHELE, CRPA spokesperson and a lawyer on the case, said, “Only San Francisco refused. Unfortunately, now the taxpayers will have to pay for city officials being stubborn.”

 

MICHIGAN CCW LAW SATISFIES OFFICIALS

In a repeat of concealed carry experience in other states, several Michigan law enforcement agencies found themselves pleasantly surprised by the new CCW program so far.

More permits haven’t led to more criminals. The gun control crowd lied.

Michigan’s new law requires county gun boards to issue CCW licenses to most adults who pass a gun safety course and have no criminal record.

It went into effect only after the Michigan Supreme Court disqualified a petition drive aimed at suspending the law and placing the issue before state voters this year.

Since the state’s new law went into effect on July 1 last year, Michigan counties have issued more than 21,000 licenses to carry concealed weapons.

Another 14,613 applications were pending in mid-December, according to State Police records.

During that period, seven licenses were revoked or suspended, but only one was for misbehavior involving a firearm, and none involved a shooting.

Before the law was changed by the Legislature in December 2000, county gun boards had the discretion to deny a license for any or no reason.

Under the old system there were about 24,000 CCW licenses in Michigan. State Police officials predicted that as many as 150,000 state residents would now seek CCW licenses.

While only a handful of licenses have been revoked, the record of criminal attacks fended off by armed citizens is also scanty. Those kinds of incidents are not compiled by the State Police under the new law, and in fact no one is keeping track of self-defense with a firearm.

Scattered reports of licensees who have thwarted burglars or robbers in their homes or businesses have gotten back to law enforcement officers, but there is no data bank to demonstrate the effectiveness of the new law.

 

COLORADO TO TAKE UP CCW DEBATE AGAIN

After being silenced by the Columbine tragedy, debate over concealed carry is back on the front burner partly because of Sept. 11.

Colorado State Sen. KEN CHLOUBER (R-Leadville) is sponsoring a bill that would force sheriffs and police chiefs to issue concealed-weapons permits as long as the applicants met age, residency and training requirement and didn’t have a criminal record.

Colorado House member Rep. MARK CLOER (R-Colorado Springs) will introduce a bill that restricts release of the entire list of permit holders, but allows individuals to discover if a specific person has a permit.

Among those urging legislators to pass a concealed carry law this year is Gov. BILL OWENS, who said Colorado desperately needs a statewide permit system. In his State of the State speech, OWENS noted that the Sept. 11 terrorist attack had increased the number of law-abiding citizens who want to buy firearms for self-defense.

 

TEXAS FINDS NO RISE IN CRIME WITH CONCEALED CARRY

About twice as many Texans are carrying concealed weapons compared with five years ago, when residents were first legally allowed to carry them.

There were 218,661 concealed-handgun licenses on Dec. 3, 2001, according to the Texas Department of Public Safety. That is nearly double the 114,475 licenses issued during 1996.

Even so, only 2 percent of the Texas public has licenses. Census figures indicate that the handgun owners represent only 1.4 percent of the populations of 31 sampled Texas counties.

During that period only six licenses were revoked, accord to DPS statistics, and the increase in licenses has not sparked extra trouble, said LARRY IRVING, a spokesman for a North Texas city in a sampled area.

 

ISRAEL CONSIDERS RELAXING HANDGUN PERMITS

An Interior Ministry commission established to reexamine policy for issuing personal firearms permits intends to liberalize the criteria, ministry spokeswoman TOVA ELIAN said recently.

Such recommendations must be approved by Interior Minister ELI YISHAI, and face possible review by the High Court of Justice.

The report containing the recommendations will be submitted by Deputy Interior Minister DAVID AZULAI.

It was prepared in response to renewed terrorist attacks on Israel by Palestinians.

The report said settlers in the West Bank and the Gaza Strip should receive permits as soon as possible, without the usual waiting period. Complaints against settlers are to be examined with utmost suspicion before a decision is made to confiscate a weapon. In some cases where a firearm is taken by police for a ballistics test, a substitute weapon will be issued. The guns of settlers who shoot Palestinians will be confiscated.

If adopted, the recommendations will allow every Israeli citizen to own a gun.

 

SHOOTINGS GO UP IN BRITAIN DESPITE GUN BAN

A surge of murders, robberies and assaults involving guns in London has shaken Britain’s traditional attitude that guns are other peoples’ problems.

London police figures show muggings with a firearm have risen by 53 percent from 435 during the six months ending November 2000 to 667 during the same period last year.

The number of murders with a gun in London jumped by 90 percent during the same time, from 16 to 30.

Much of the crime wave involves a massive rise in the theft of mobile phones. More than 700,000 mobile phones were stolen in Britain last year, including the mugging of a teen-age girl who was shot in the head for a mobile phone.

 

SOUTH AFRICA AIR GUN SALES SOAR

Pellet guns have become wildly popular since a new South African law went into effect January 1. Citizens can buy pellet guns that fire bullets of 2.97mm or smaller without having to get a gun license. Other pellet guns, shooting gunpowder powered bullets, still require a license.

HANNES BURGER, manager of Consumer Wholesale in Cape Town said their supply of pellet guns was sold out. He said, “Parents buy pellet guns to teach their children how to shoot.”

Provincial police spokesperson, Captain ROD BEER, said no crime increase has arisen or is expected. “Pellet guns are more of an annoyance that a danger,” he said.

Yet Dr. SEBASTIAN VAN, trauma head of Red Cross Children’s Hospital, said “I’m absolutely against the new legislation.” He said he often had to treat children injured by pellet guns. “A pellet gun is not a toy,” he said.

 

JAMAICA NEEDS 3,000 MORE COPS AS CRIME BECOMES INTOLERABLE

The northern Caribbean nation of 2.6 million people had a record 1,138 murders in 2001 and has averaged three murders a day since the start of the new year. Seventy percent of Jamaican murders involve guns, despite a gun ban.

Security Minister PETER PHILLIPS said in a nationally televised address that Jamaica must fight “the intolerable levels of crime which threatens to set back all the gains of national development.”

The police force will be reorganized, adding 3,000 more police officers, boosting street patrols, and cracking down on gun smuggling.

Parliament will soon enact laws allowing longer sentences and heavier fines for firearm offenses, PHILLIPS said.

 

ILLINOIS: A pro-gun political action committee has asked Republican gubernatorial candidate CORINNE WOOD to explain her position on guns. Her campaign advance men are advertising her to gun owners as “pro-Second Amendment,” but her track record puts her loyalties with the most extremist anti-gun faction in Illinois.

The Illinois State Rifle Association-Political Victory Fund noted WOOD’s long-time friendship with the Illinois Council Against Handgun Violence (ICHV). This radical group’s chairman, MARK KARLIN, uses such reprehensible rhetoric as claims that firearm owners “enable the racist mass killer to do his work efficiently and effectively,” and that firearm ownership “perpetuates the fading dominance of the disenfranchised white American male and his need to hold on to power with a gun.”

A “pro-gun” candidate for Governor with friends like that has some explaining to do.

 

CALIFORNIA: A shortage of trigger safety locks required on all firearms sold under a new state law has stalled gun purchases and frustrated shop owners.

Gun shop owners have had to shelve racks of arms while they wait for locks that are nearly impossible to obtain, and won’t arrive for months because of a shortage of manufacturing capacity.

State officials didn’t notify dealers until December 13 of the new requirement, which was not enough time to get an adequate supply.

Now gun shop owners are talking about going out of business, but state officials are unsympathetic, saying they had adequate warning.

 

WISCONSIN: State Attorney General JIM DOYLE has requested Sen. JIM BAUMGART to introduce a supposed “anti-terrorist” bill that would outlaw virtually every gun used to hunt.

Pro-gun State Senator DAVE ZIEN (R-Wheaton) issued a warning about the bill, which would make possessing or using a firearm capable of holding more than one bullet a felony, and classify bullets as “destructive devices,” “explosives” and “detonators.”

In 1998, Wisconsin voters amended the state Constitution to protect the right of law-abiding citizens to possess and use firearms. Because the Constitution prevents the attorney general from banning guns, he can only stop all gun use by making all ammunition a terrorist instrument.

 

MARYLAND: The new U.S. attorney has announced that his office would prosecute fewer city gun crimes, despite calls from his own political benefactor and Baltimore’s mayor for federal pursuit of more gun cases to reduce street violence.

THOMAS M. DiBIAGGIO said federal prosecutors would instead take on more drug conspiracy and violent crime cases. He said targeting the city’s worst criminals would have a more lasting impact than simply pursuing large numbers of relatively minor gun violations.

Despite critics who want more federal prosecution of gun criminals, DiBIAGGIO said the change is consistent with a directive from Attorney General JOHN D. ASHCROFT that instructed federal prosecutors to aggressively pursue gun crimes, but not in instances where defendants could face equal or harsher punishment in state courts.

 

UTAH: Utah’s new concealed carry law is being defied by the president of the University of Utah, BERNARD MACHEN. He has maintained the university’s longtime ban on firearms, concealed or otherwise, on campus.

MACHEN is urging other public colleges to defy the law as well.

The state’s attorney general and legislature are stepping up pressure to allow guns into the classroom, threatening fines and a lawsuit if the university does not comply.

The new rules went into effect on January 1, after Gov. MICHAEL O. LEAVITT, a Republican, ordered state agencies to scrap all concealed-weapons bans on state property, except prisons, mental hospitals and courtrooms.

In addition, gun rights advocates have been pressing for the right to carry firearms onto Olympic sites and keep them in lock boxes, but without success.

 

RHODE ISLAND PANEL TARGETS GUN-TOTING LAWMAKERS

The Special Commission to Study Security Issues at the Statehouse is considering whether legislators who are active or retired police officers should be prohibited from carrying firearms inside the building.

Director of Administration ROBERT CARL proposed the ban, and wants police officer/legislators to check their guns upon arrival in the building, where they would be secured by Capitol Police until the lawmakers leave.

Rep. TODD BRIEN, a member of the commission and a detective sergeant on the Woonsocket Police force, expressed outrage at the proposal. “It seems the federal government has taken steps after Sept. 11 to go forward to protect citizens and buildings and the public as a whole, where Rhode Island is going to go backwards. We’re going to take guns off law enforcement personnel, trained personnel?”

State Rep. PETER KILMARTIN, a Pawtucket Police lieutenant, said the gun ban on legislators was a political “red herring” set by the Department of Administration to forward its budget agenda.

 

GUNS NOT IN THE NEWS: ONES THAT STOP CRIMES

A shooting occurred recently at the Appalachian Law School. As usual, it made headlines as another example of the need for more gun control.

The dean of the Appalachian School of Law, L. Anthony Sutin, Professor Thomas Blackwell and student Angela Denise Dales were killed and three other students were seriously injured in the shooting, according to Va. state police.

The shooter, PETER ODIGHIZUAWA, was evidently talking to school officials about his academic suspension when he started shooting. Then he was “tackled by fellow students” in the New York Times story. Out of 280 newspapers that reported the shooting, only a few mentioned the most crucial fact of all: There were only three students that overwhelmed ODIGHIZUAWA, and two of them had guns.

Students MIKAEL GROSS, 34, and TRACY BRIDGES, 25, heard the gunfire and immediately ran to their cars and got their guns. They rushed back in and pointed their guns at ODIGHIZUAWA from opposite sides. With unarmed student TED BESEN, they made ODIGHIZUAWA drop his gun and then rushed him, ending the incident.

JOHN LOTT, resident scholar at the American Enterprise Institute and author of “More Guns, Less Crime,” analyzed the media reports and found that most of it was misreporting.

LOTT found that just four stories mentioned that the students who stopped the attack had guns. Only two local newspapers mentioned that the students actually pointed their guns at the attacker.

“Unfortunately, the coverage in this case was not unusual. This misreporting actually endangers lives,” wrote LOTT. “There are 2 million defensive gun uses each year. By selectively reporting the news and turning a defensive gun use story into one where students merely ‘overpowered a gunman’ the media gives misleading impressions of what works when people are confronted by violence.”

 

ftc asked to probe firearms web sites

An anti-gun group, the Alliance for Justice, has asked the Federal Trade Commission to investigate firearms-related Web sites.

A project of Alliance for Justice, Gun Industry Watch, said in a letter to the FTC that gun makers should be held to the same standards as Web sites that claim to offer protection from biological and nuclear agents.

Alliance spokeswoman JULIE BERNSTEIN said that gun manufacturers and sellers, as well as the National Rifle Association and other lobby groups, should crack down on firearms merchants who make false claims about their products as potential safety devices against post-Sept. 11 threats.

One Web merchant, BERNSTEIN claimed, advertised a “homeland security rifle” that turned out to be a shotgun.

The Alliance is funded by big money foundations such as the Ford Foundation, the rabidly anti-gun Joyce Foundation, and many other left wing elites.

 

GUN NEWS TICKER: SHORT TAKES ON GUNS

 

l  Hollywood: Film icon Steven Spielberg is playing silly-putty with his best-loved movie classic, “ET - The Extraterrestrial.” He’s removing the guns carried by FBI agents in the final scene because the film’s co-star, Drew Barrymore, is Spielberg’s god-daughter and is now fanatically against all firearms. The FBI will be armed with walkie-talkies by computer magic.

 

l  Omaha, Nebraska: A federal jury deliberated for just 15 minutes before acquitting a Colorado businessman of trying to board an airplane with a handgun packed in his briefcase. Douglas E. Miller, 65, of Highlands Ranch, CO, said he packed the .38-caliber revolver months before and had forgotten about it when he went to board a flight at Omaha’s Eppley Airfield on Nov. 10. Defense attorney Bill Gallup said, “Do you know anybody in his right mind who’s going to go through an airport with a gun?” The jury didn’t.

 

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