KSRA FILES AS AMICI CURIAE IN KOLBE v. O’MALLEY
The Kansas State Rifle Association along with 13 other State Firearms Associations have filed as Amici Curiae in support of Kolbe in the case of Kolbe v. O’Malley. This lawsuit challenges Maryland’s ban on “assault weapons” and magazines that hold more than 10 rounds of ammunition and is being filed in the 4th Circuit Court of Appeals.
Rather than target the unlawful acquisition and use of certain arms, Maryland has banned them from all law-abiding citizens. At the State’s urging, the district court improperly held that the government may strip law-abiding citizens of their rights to access and use constitutionally protected arms in their homes in an attempt to curb the unlawful use of those items by a small segment of society. This reasoning lies in direct conflict with controlling Supreme Court precedent that makes clear that removing dangerous, but commonly chosen, arms from all law-abiding citizens lacks the required fit with the government’s public safety interests under both intermediate and strict scrutiny.
In this case the district court erred by finding that the government may ban constitutionally protected arms from all law-abiding citizens to reduce criminal access and misuse. They also erred in finding that the state’s evidence could establish the required fit between the challenged laws and the state’s public safety interests.
To ban protected arms because certain members of society might misuse them is to tell law-abiding citizens that their liberties depend not on their own conduct, but on the conduct of the lawless minority who abuse those liberties—a perverse message indeed.
The notion that the government may flatly ban constitutionally protected activity on the grounds that it could lead to abuses has been squarely rejected in other contexts, and it should be rejected here.
The Court should reverse the judgment to restore the rights of Maryland residents to access and use exceedingly common rifles and magazines for lawful purposes.
Here is a list of the State Associations that have filed as Amici Curiae:
California Rifle & Pistol Association Foundation, Gun Owners of California, Colorado State Shooting Association, Idaho State Rifle & Pistol Association, Illinois State Rifle Association, Kansas State Rifle Association, League of Kentucky Sportsmen, Nevada Firearms Coalition, Association of New Jersey Rifle & Pistol Clubs, New Mexico Shooting Sports Association, New York State Rifle & Pistol Association, Texas State Rifle Association, Vermont Rifle & Pistol Association, Vermont Federation of Sportsmen’s Clubs
(An Amici Curiae is someone who is not a party to a case, who offers information that bears on the case but who has not been solicited by any of the parties to assist a court. It is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case.)
***URGENT ALERT KANSAS GUN OWNERS***
Kansas Gun Owners, the Brady Campaign has opened an office in Kansas and intends to lobby the Kansas Legislature for gun control measures. The 2015 session of the Kansas Legislature convenes January 12th. This will be the first time that Brady has directly targeted Kansas with their attacks on gun rights. They are in cahoots with Mom’s Demand Action, Bloomberg and have millions of dollars at their disposal to spend on anti-Second Amendment campaigns to influence legislators and citizens. These insidious people have been working hard for several months to capture the support of churches and school administrators. They are making progress.
NOW IS NOT THE TIME TO BE COMPLACENT! While we have made great strides in Kansas, we will now find our job much more difficult. It is imperative that gun owners in Kansas stand united and we need your support. If you are not a member of the KSRA, please join today! There is strength in numbers! We MUST show we are an unstoppable force to be reckoned with. If you are already a member, please consider a donation to the KSRA general fund in any amount you can afford so that we have the resources necessary to battle these anti-gun groups who wish to strip you of your rights.
Folks, please, this is not fear mongering for money and memberships. This is a serious plea because we have a fight on our hands and it takes numbers and money to win a battle such as this. If you value your gun rights, and I think you do, then please do all you can to support our effort to fight these gun grabbing monsters who prefer to make you all defenseless victims. Kansas has a target on its back. Let’s make sure we are prepared to show Brady the door out of Kansas!
The President's Corner October - December 2014
Greetings Fellow KSRA Members!
This quarter my message is of the utmost importance. We have an election coming up on November 4th that is crucial for gun owners! Nothing is more important than ensuring that we elect a Governor and U.S. Senator that will lead, using the constitution as their guide, and stand strong for the Second Amendment. We’re living in some troubled times and we have to do our part! Voting is our way of keeping our commitment to ensure the wellbeing of our state and our nation.
The primary election in August is over and done. We must move past that and make our selections from those who are on the general election ballot. Some of you may be disappointed in the outcome of the primary elections but you must put that aside now. It’s no time for grudges or hard feelings and it is time for unity. We must all be mature enough to understand what is at stake and vote accordingly.
The KSRA and the NRA are proud to endorse Governor Sam Brownback. Governor Brownback has stood tall and strong for our unalienable natural rights protected by the Second Amendment earning an “A+” rating. Remember, the Second is what protects all of the others so it is vital we support those who have supported us. This endorsement is not just about incumbency but about a man who has been willing and ready to sign our legislative initiatives and who will continue to do so. The Governor has stood up to the federal government for us. He did not wince when U.S. Attorney General Eric Holder sent him a threatening letter telling him we cannot enforce the provisions of the Second Amendment Protection Act passed in 2013. Instead he fired back and said that Kansas is a sovereign state and the people have spoken! I have come to know the Governor quite well in the last four years. He is a man of honor and integrity who wants this state and all Kansans to be secure, prosper and enjoy the bounty of our great state unfettered by those in Washington D.C. who would try to take it from us. His opponent is Paul Davis and I’ll remind you all at this time he voted no on the concealed carry bill in 2006. While some of his more recent votes the last two years have been with us, I feel those votes were done purely for political reasons, not because he is a true supporter. I urge you to get out and vote and to cast your vote for Governor Brownback!
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FHSU Team Shoots its Way to Championship at ACUI Nationals
(from the FHSU website)
Clay target shooters from Fort Hays State University took the Division II Collegiate Clay Target Championships at the national competition of the Association of College Unions International San Antonio, Texas. Tiger shooters broke 2,156 targets out of 2,300 total to place win the division and place third overall for all divisions, I, II and III.
Two team members posted perfect scores in individual events. Damian Giles, North Platte, Neb., senior, posted a perfect score in two events, breaking 100 out of 100 targets in the American Skeet and American Trap events. Ashley Nau, Gering, Neb., junior, also scored a perfect 100 in American Trap.
This was the second consecutive year that Giles was perfect, 200 for 200, in the combined American events.
The FHSU team won three events outright -- International Skeet, International Trap and American Skeet -- and placed in the remaining three, taking second in American Trap and Sporting Clays and tying for third in Five-Stand. Team events are not divided by gender.
Giles and Print Zutavern, Broken Bow, Neb., sophomore, were named All Americans for a second consecutive year.
In all 10 events of the season, including the national championship, said Dr. Duane Shepherd, associate professor of health and human performance and team coach, FHSU either won the high overall or were second.
Shepherd, of course, expressed his pride in the team's accomplishments, but not only for that. "We're always proud of them," he said, "not only as shooters but as individuals. They are non-scholarship and put forth their own time and effort. You have to to be proud of them. They have chosen to reach the level they have reached."
FHSU's team is a student organization supported by some Student Government Association funding. The team also enjoys community support and engages in various fundraising activities.
The national tournament also featured a special event for clay target shooters, a separate International Skeet and International Trap competition sponsored by USA Shooting, the governing body for the U.S. Olympics shooting teams. Nau placed second and Kendall Hostler, Grand Island, Neb., junior, placed fourth, both in International Trap, among the women shooters, and Giles placed second in the men's International Skeet competition. First-place men and women in each category were added to USA Shooting's Olympic development team.
FHSU's clay target team has been competing since the spring of 2006, which was the national tournament, said Shepherd. In 2007, the team won the first of several most-improved awards for individual events and was the Division II national runner up in both 2011 and 2012.
ACUI shooting divisions are based on the number of shooters, not the size of the school. The division structure was implemented for the 2011 season.
The FHSU Shooting Team for the ACUI nationals, listed by hometown with their high schools and FHSU classifications and majors:
Bartley, Neb.: Tye Smith, a McCook High School graduate, is a junior majoring in agribusiness.
Broken Bow, Neb.: Print Zutavern, a Broken Bow High School graduate, is sophomore majoring in agribusiness.
Gering, Neb.: Ashley Nau, a Gering High School graduate, is a junior majoring in biology.
Grand Island, Neb.: Kendall Hostler, a Northwest High School graduate, is a junior majoring in animal science.
Haysville: Tarent Tevis, a Derby High School graduate, is a senior majoring in agribusiness.
Kingman: Caitlin Watts, a Kingman High School graduate, is a senior majoring in social work.
Minatare, Neb.: Cody Pedulla, a Scottsbluff High School graduate, is a senior majoring in marketing.
Mitchell, Neb.: Katie Svoboda, a Gering High School graduate, is a sophomore majoring in speech-language pathology.
North Platte, Neb.: Damian Giles, a North Platte High School graduate, is a senior majoring in justice studies.
Pratt: Kilee Hutchison, a Lakin High School graduate, is a senior majoring in animal science.
Quinter: Bill Leighton, a Quinter High School graduate, is a senior majoring in technology studies.
Springfield, Colo.: Robert Ring, a Springfield High School graduate, is a senior majoring in accounting.
Tescott: Zachary McClure, Tescott High School graduate, is a senior majoring in general science.
Wellsville: Bryan Hull, an Ottawa High School graduate, is a sophomore majoring in general studies.