Georgia's No Guns In Pews Law, OK, for Now

The Atlanta Journal-Constitution is reporting that Georgia's oppressive ban on firearms in pews can stand till further review of a lawsuit file by pro-gun groups and a local pro-gun Baptist minister are heard on the merits by the Court.  That's right friends, some of my homeboys want the right to pack a piece, (not pass the peace) in Church.  This is reporter Rhonda Cook's account:

"A [U.S. District] judge on Monday declined to block enforcement of a new Georgia law that bans guns in places of worship, but he also rejected a request to dismiss the suit brought last month by a group seeking to make the law less restrictive.

'It's not at all discouraging,'  said John Monroe, the attorney who filed a lawsuit on behalf of a minister at a Thomaston church and GeorgiaCarry.org, gun-rights advocacy group.

U.S. District Judge C. Ashley Royal, in a 30-minute hearing, said he would base his final decision on the outcome of the lawsuit only on the writings submitted by Monroe and the attorney for the state and Upson County, where Thomaston is the county seat.

[Judge] Royal's ruling on the case likely won't occur this summer. Whatever his decision, legal analysts expect it to be taken to the 11th U.S. Circuit Court of Appeals, and eventually to the U.S. Supreme Court. The lawsuit was filed in early July, almost two weeks after the Supreme Court ruled 5-4 that the Second Amendment's guarantee of an individual right to bear arms applied to state and local gun-control laws. The court said the Bill of Rights ensured a person could have a gun in the home for protection. The justices, however, left open to state and local governments as to where the lines could be drawn beyond the home.

GeorgiaCarry.org; the Baptist Tabernacle of Thomaston; GeorgiaCarry.org former president Ed Stone and the Rev. Jonathan Wilkins filed suit against Georgia's exemption for churches, saying church employees and worshipers should be allowed to arm themselves for safety.

They are citing the First Amendment guarantee of freedom of religion and the Second Amendment promise of a right to bear arms.  The case is believed to be the first in the country to be filed after the U.S. Supreme Court ruling. Groups on both sides of the debate had predicted the next court fight over guns would center on the issue of bringing firearms into churches, synagogues, mosques and other places of worship.

'My major concern here is ... about the implication that a person cannot take a gun to work,'  [Judge] Royal said.  [BL:  What!!!!]

According to the suit, the new Georgia law -- called the 'church carry statute' -- prohibits Wilkins from having a weapon for protection when he is working alone at the church or when he is on the pulpit. In filings, the minister said he was having  'to choose between two constitutional rights.' 'The handgun is the quintessential self-defense weapon in the United States,'  the suit said.

Firearms in places of worship moved to the front of the fight over more restrictive and less restrictive gun laws when the 2010 Georgia Legislature attempted to replace the prohibition of guns in 'public places' with language that was more specific. The revised law says guns are not allowed in places of worship, government buildings, schools, nuclear power plants and bars without the owner’s permission.

The judge said the 'places of worship'  reference in the law is vague. 'A very plausible argument can be made ... [that] this statute deprived this man of being able to protect himself at work,' Royal said.

The complaint was initially filed in Upson County Superior Court but the case was moved to the U.S. District Court in nearby Macon.  According to the suit, Stone, Wilkins and others want to be able to arm themselves while worshiping  'for the protection of their families and themselves'  without fear of arrest and prosecution. The suit also said Wilkins needed to have a gun for his own protection while working alone at the Baptist Tabernacle and during services 'for the protection of his flock, his family and himself.'

But he is afraid he will be arrested and prosecuted if he brings a gun into the church, the suit said. 'The Tabernacle would like to have members armed for the protection of its members attending worship services and other events at the Tabernacle's place of worship,' [according to the law suit.]"
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You'd think that Reverend Wilkins would be little less concerned about his Second Amendment rights and a little more concerned with the Beatitudes, Matthew 5:5,9--would be a good start.

Ohio Lawyer Shoots Himself in the Foot, Yeah, for Real!

The Bowling Green, Ohio Sentinel-Tribune is reporting on the local lawyer who shot himself in the foot after pulling his piece form a courthouse storage locker.  The gun accidentally discharge as he pocketed the .40 caliber Smith and Wesson handgun for which Toledo attorney Paul Redrup has a "carry and conceal" permit.  Brilliant.

Second Amendment--Gimmee My Guns!

As we have seen, here on Bad Lawyer, with the series on the Tennessee legislature efforts to enact its Guns in Bars and Restraurant laws, the wholly-owned moron contingent of yours or OurState legislature believe the constitution was designed primarily to put guns in the hands of everyone.  This last week I bumped into two more legislative efforts looking out to protect our gun-related wants and desires whether we knew we had such wants and desires, or not.

Law-givers in Nebraska according to the Journal Star want you to be able to shoot your gun off at any ol' person who's in your house at any ol' time even if there is no threat.  Sort of makes sense if you imagine that there might never be a situation when some strange person is in your house, like a relative, a returning chile on a surprise visit, ...just go ahead and shoot 'em.  Soon it will be okay in Nebraska to blast away.  By the way, the police, and law enforcement are majorly opposed to this bright idea, imagine how many times they find themselves in the shoes of the unidentified intruder?

In Arizona, the morons at the State capitol are trying to enact legislation to allow concealed guns to be carried without the necessity of obtaining a permit, and all that unnecessary background checks to figure out if maybe you are a criminal or certifiably insane.  In a report at the Arizona Republic's website, azcentral.com you will learn that in Arizona, you already can wear one strapped on like John Wayne, but this is just the next logical step in your freedom and liberty unless of course you get killed by one of these concealed weapons.  Oh, by the way, the police and law enforcement don't like this idea, either.

Guns In Bars, Part Three--When the Gun Goes Off

Here at Bad Lawyer, we've explored the issue of the desire of certain Tennessee "law-givers' to enable Guns in Bars--oh, what a great idea!

Here is the reason why it is such a stupid idea:  a Gun goes off in a Glendale (Phoenix), Arizona restaurant killing a patron.  This is from AZ Central.com:  (props to Megan Boehnke)

A man displaying a gun in a restaurant accidentally fired it early Saturday morning, killing an acquaintance who was there with him, according to Phoenix police.  Velibor Milic, 19, had the gun out at the restaurant and was bumped, said Detective Cindy Scott, a Phoenix police spokeswoman. The gun discharged, killing a 22-year-old man at about 2:15 Saturday morning. Milic left the restaurant, at 4340 W. Thunderbird Road, in Glendale, and was later found and arrested at another location

I Don't Make This Stuff Up!

Christropher Todd Cady shot his step son in the chest with a pellet gun to teach him a lesson. 

The St. Lucie County, Florida man was charged with felony child abuse according to the report at TCPalm.com.  According to the report, the step son received the pellet gun as a Christmas present.  The recipient of the pellet gun went outside to "play" with his new gun;  promptly shooting his autistic cousin in the ass.  Moron, "Dad" then decided on the course of corrective action of deliberately shooting his son. 

Nice.  I'm guessing this is a mobile home community you might want to avoid.

Noooooooo! Third Small Child Shot Over Holiday Weekend!

This story from San Antonio, Texas.  Mysanantonio,com reports on the Pipe Creek, Texas moron cleaning his loaded handgun resulting in the shooting of his 2 year old in the head.  Amazingly 2 year old Kalia Wallace did not die;  remarkably she is recovering and she is listed in stable condition following the accidental shooting.  Two other small children were in the mobile home at the time of the accident.  Sheeesh! 

Detroit Man Shoots 4 year Old Step Son While Cleaning His Gun

Mlive.com is reporting on the Detroit man who shot his 4 year old Step Son while cleaning his handgun.  'Cause God knows, you just can't wait until the brat's in his crib to take care of these important Second amendment-protected chores.

I think this makes two toddlers, this holiday weekend, alone!  Damn.

Hillbillies With Guns!

The other day I found it necessary to defend  my use of the ethnic description, "Hillbilly." 

I am a hillbilly.  I was born in the deep south, I grew up in rural areas, places where the resurgent Klan flourished in the 1920(s).  At various times I worked and I lived in the South throughout my adult life.  I vacation in the South.  Everyone in my family if not actually a hillbilly, sounds like a hillbilly 

Many members of my family own and shoot guns.  I owned and shot weapons of all sorts both in and out of the military service, although I won none now.

But, hillbillies with guns, especially drunk hillbillies with guns, give me the willies.  And let me be clear, all drunk white people waiving gusn around are "hillbillies with guns."

 

Today, the Charlston Gazette is reporting that 24 year old, Hannah Danielle Workman's 4 year old toddler was shot in the lower leg by her 16 year old boyfriend in what appears to be an "accidental," Christmas day shooting.  The authorities have charged Mom with neglect, and they're looking for the boyfriend.  No word from the NRA, yet.

I Don't Believe in You. Give Me Money!

Pastor Robert Neil Joos does not recognize the US government, but has filed a lawsuit seeking $23 million from it/us, anyway.

The Reverend Joos is one of those aluminum-foil-hat-wearing-right-fringe white supremacist whack jobs.  His church, the Sacerdotal Order of the David Company operated from a 200 acre compound in McDonald County, Missouri and was raided by federal authorities after ATF undercover agents investigating the racially-motivated bombing of a Scottsdale, Arizona man.  The 2004 raid of the Joos compound resulted in the discovery of an arsenal of guns, ammo, and dynamite.  Joos, a felon, can not possess firearms; notwithstanding,  Pastor Joos' federal lawsuit claims Second and Fourth amendment violations.  He'd like the federal government to pay him $23 million and go away.  No word yet from the U.S. District Court on how quickly the Reverend can expect justice to be done in his civil lawsuit.  Does the expression: when Hell freezes over come to mind?  For more on this dangerous clown and his scary cronies:

http://www.neoshodailynews.com/news/x1945271353/Joos-seeks-23-million-from-federal-gov-t

http://luckydogwms.typepad.com/lucky_dog_blog/2009/06/big-news-on-big-sugar-creek-1.html#comments

http://www.joplinglobe.com/local/local_story_176221119.html

and the inestimable:

http://crimesceneinvestigations.blogspot.com/search?q=robert+joos

Guns in Bars!

The Tennessean is reporting that the Guns-In-Bars law enacted over Governor Bredesen's veto and the nearly unanimous objection of Tennessee's Bar and Restaurant lobby, was struck down by Davidson County (Nashville) Judge Chancellor Claudia Bonnyman.

According to the Tennessean,   "The legislation, passed by the Tennessee General Assembly earlier this year, allowed people with handgun carrying permits to bring guns into bars and restaurants, so long as they were not drinking. Establishments were allowed to 'opt out' of the bill, by posting a no-handguns sign on the front door.

"Nothing says 'family-friendly vacation' like a sign assuring Mom that no shots would be fired while Junior eats his chicken fingers.

"'It was almost worse than the law allowing it,' Spyridon said. 'It compounded the problem. I am a supporter of the Second Amendment, but guns and alcohol don't mix. For an industry like us, you want and have to convey a safe environment.'"

The Tennessean, reports that nearly a quarter million Hillb..., er, Tennesseans have handgun permits.  

We Need to Choose to Be Aware!

I struggle with the idea of "duty" since the concept implies legal obligation for which a court may impose a sanction.  The reality is that there are myriad decisions that we make in the course of any given hour, day, week, and year that fall far below any legal conception of duty but which result in outcomes: good and bad and disastrous .  We engage in magical thinking when we we exclaim: "why me," "woe is me," and "what the fuck."  Instead of duty let's talk about choice, the need to choose to be aware.

As a rule, I don't like to comment on the BIG STORY which right now is the Fort Hood massacre allegedly perpetrated by Major Nidal Hasan, but the report by NPR: http://www.npr.org/templates/story/story.php?storyId=120540125 that Hasan's bosses were sending up flares about this character perfectly encapsulates a couple of ideas that I've been pursuing, here.  Right now, there's a lot of what-the-fuck thinking going on about Major Hasan, when in reality hundreds if not thousands of shitty decisions put Nidal Hasan precisely in the place where with guns blazing.  Major Hasan writes another chapter in that book we edit that marks out America as an obsessively violent place.

On another day I'll talk about some of the cases where I've encountered seemingly inexplicable employment decisions--that ended up costing the employer dearly.  But today, I'll not trivialize the Fort Hood disaster with anecdotes from the Bad Lawyer.  By the way the title of this blawg entry is a direct quote from Yehuda Berg, the Kabbalist Rabbi--who I heard speak at an event last night (and, no the Bad Lawyer is not Jewish or related to Madonna.)

What a Dick! Part Deux

When last seen North Carolina Senator Richard Burr was busily stacking crates fulls of money he collected from defense contractors and the Chamber of Commerce for, inter alia, opposing the Franken amendment that barred mandatory arbitration provisions in defense contracts.  You know, those provisions in employment contracts that bar workers from speaking out and going to court for trivial grievances like, getting kidnapped and gang raped.

Now the former lawn equipment sales manager is sponsoring legislation to enable mentally ill veterans to get and keep, and bear arms.  According to the Library of Congress/Thomas Blog Senate Bill 669 would protect the 2d amendment rights of mentally incapacitated veterans.  See:  http://www.thomas.gov/cgi-bin/bdquery/z?d111:SN00669:@@@D&summ2=1&

What a Dick!

The Second Amendment--Prying The Gun From Your Cold Dead Hand

The Second Amendment to the US Constitution provides that:  A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Sitting around with the geezers this morning, my pal Ken was relating the story of his time in the great college town that he and I attended as undergraduates.  There is a great old time dive there where one afternoon he was warming a bar stool while engaging in the reverse alchemy of turning wine into water, awaiting artistic inspiration.  Suddenly there was a "loud pop."  Let's let Ken tell the res of the tale:  "...so we all thought it was a tail pipe or something outside.  We just kept drinking and BS-ing, one of the guys at the bar got up and went to the men's room.  When he came out, he asked the bartender to call an ambulance, he had shot himself in the ass with a gun that he had in his pocket." The major controversy over the "right to bear arms" has been whether or not the Second Amendment protects an individual's right to have guns or a collective right of "militias" to have guns.  In my career as a Bad Lawyer my second amendment experience is limited to friends who are more interested in the subject than I am.  As far as I'm concerned it makes a lot more sense to view the Gun right as a collective privileged arising in the same context as the third amendment rights--quick without looking what is your third amendment right?   These are revolutionary-era protections for citizens vis-a-vis the King, and his armies.  The King can't march into your village and take your homes, and your militia's (police officers') guns.   But far be it for me to say the Government can take away your right to shoot yourself in the ass in a public place.