AS DEADLINE DRAWS NEAR, SUPPORTERS OF SECOND AMENDMENT DEMAND U.S. SENATE VOTE ON NATIONAL CONCEALED HANDGUN CARRY RECIPROCITY.

THE U.S. SENATE MUST ACT NOW!

We have two weeks left before the Senate adjourns for the Christmas Holiday.If the Senate fails to act on national concealed handgun carry reciprocity within the next two weeks, any chance that this measure will be taken up anew and that it will become a reality when the House of Representatives seats a Democratic Party majority in 2019 will be virtually nil.The Senate Judiciary Committee has been sitting on the bill that was sent to Senate Majority leader Mitch McConnell, last December 2017, when it passed the Republican controlled House. The version of national concealed handgun carry reciprocity that passed the House is designated, 115 H.R. 38, “Concealed Carry Reciprocity Act of 2017.” Once Senator McConnell received it, he sent it immediately to the Chairman of the Judiciary Committee, Charles Grassley, for action. Clearly, no work was done on it; and a year has gone by since the Judiciary Committee had received it.It is imperative we get the House version of the bill onto the Floor of the Senate for immediate roll-call vote.

THIS MATTER REQUIRES THE CONCERTED EFFORT OF EACH OF US.

The Arbalest Quarrel has been on the forefront of National Concealed Carry Reciprocity. We have written numerous articles on this subject. Interested readers are encouraged to read our articles by visiting our website.Our articles have also been published by Ammoland Shooting Sports News  See our article, “National ‘Right To Carry’ For Self-Defense Needs Your Help – Take Action.” And, we have recently posted our article on the website, The Truth About Guns. As a regular guest on “LockNLoadRadio,” hosted by Bill Frady, we have discussed the issue of national right to carry, at length.We have been getting positive responses to our articles. Many pro-Second Amendment groups, organizations, radio, respected news sources and social media, have joined us to mount a grassroots effort to strengthen our sacred Second Amendment right.We know that, as you have gotten the message, you are doing your part to get the Senate to move on national concealed handgun carry reciprocity. Once the Senate passes the bill, it will be sent directly and immediately to the President for his signature. And, have no doubt about this, President Trump will sign it. He has made very clear both during his campaign for the Republican Party nomination and during his successful run against the Democratic Party nominee, Hillary Clinton, that he avidly supports the natural, fundamental, unalienable right of the people to keep and bear arms.It is time to urge Congress to act to strengthen our natural rights and liberties, not weaken them. We must have national concealed handgun carry reciprocity enacted into law now.For those of you who have not added your voice to this critical effort, there is still time.

IMPORTANT CONTACT INFORMATION:

Senator McConnell may be reached at 202/ 224-2541, but he does not provide a personal response and he will not take messages at this time. However, there is a referral to Senator McConnell's on-line email.Senator Grassley can be reached at: 202/ 224-3744. The Senator provides a personal response to your message and your message will be relayed directly to the Senator.Your Senate Delegation can be reached at: 202/ 224-3121. The switchboard will provide you the phone numbers for the Senators of your State.You can reach the White House at:  202/ 456-1414. At the prompt, you can leave a message for President Trump.The NRA can be reached at: 800/ 392-8683. You can leave a message, but be aware there may be a lengthy wait. You can also leave a message for the nra-ila.With your active assistance, we can turn the tide and see national concealed handgun carry reciprocity a reality. Please join us in this important, timely cause. Time is of the essence. We must get the Senate to act immediately on this._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

ARBALEST QUARREL LETTER DIRECTED TO SENATOR CHARLES GRASSLEY, CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE

April 26, 2016[ADDRESSED TO THE HONORABLE CHARLES E. GRASSLEY] Re: President Obama’s Nominee for Justice of the U.S. Supreme Court, Merrick GarlandDear Senator Grassley:I am an attorney who specializes in Constitutional law. Together with my colleagues we publish the Arbalest Quarrel, a unique, informative website, specializing in formal analyses of State and federal firearms’ legislation and court decisions. Our articles are published throughout the Nation, in major magazines that are read by millions of people.This is a rebuttal to an open letter, dated March 31, 2016, you received from several academicians urging you to allow a confirmation hearing and vote on Judge Merrick Garland, President Obama’s third short list nomination to the U.S. Supreme Court. We have serious misgivings as to Judge Garland’s suitability to serve as a Justice on the U.S. Supreme Court to fill the vacant seat.The analysis of Judge Garland’s qualifications is critically important to the Bill of Rights of the U.S. Constitution, to the Second Amendment that is defined therein, and to the preservation of a free Republic.The professors, who co-authored the letter, claim expertise on Second Amendment matters. They attempt to allay concerns over Judge Garland’s jurisprudential approach to the Second Amendment, but their comments raise questions about the Judge’s suitability to sit on the high Court.In their defense of Judge Garland the academicians cite to two cases that have been the focus of attention. One of the cases is Parker vs. District of Columbia. Parker deals directly with the Second Amendment. The second case is National Rifle Association of America, Inc. vs. Reno. The Reno case deals tangentially with the import of the Second Amendment but definitely impacts the Second Amendment right of the people to keep and bear arms.The authors attack NRA’s stance, asserting: “[t]he NRA claims that Judge Garland is hostile to the Second Amendment, but there is nothing in his record that supports such an attack.” An analysis of the facts proves them wrong. There is much in the cited cases that would spark debate in the U.S. Senate that Judge Garland has little regard for the fundamental right of the people to keep and bear arms. In Parker the lower District Court ruled in favor of the District of Columbia’s law that bans civilian possession of handguns. On appeal the U.S. Court of Appeals for the D.C. Circuit reversed the decision of the lower District Court. The Defendant, District of Columbia, requested a rehearing of the adverse decision, en banc. Judge Garland voted in favor of an en banc hearing of the case.The authors of the March 31 letter argue that Judge Garland’s vote tells us nothing about his position on the Second Amendment. They assert: “[i]t is well established that such procedural votes say nothing about a judge’s views on the substance of the case, or how he or she would have voted on the merits. Yet, Judge Garland’s critics assert that his vote for en banc review “proves” his hostility to the Second Amendment.”From a legal perspective the assertion is correct. But, from a logical standpoint Judge Garland’s vote for an en banc review of the Parker case reveals the essence of Garland’s lack of regard for the Second Amendment. An en banc review of Parker means the full complement of Judges – all ten – could conceivably reverse the decision of the three Judge panel that ruled in favor of the Plaintiff handgun owners, against the District of Columbia.Failure of the Court to review the case en banc keeps the decision, against the District of Columbia, intact. Judge Garland’s vote in the Parker case clearly illustrates a position that, if not overtly “hostile” to the Second Amendment, is one certainly inconsistent with the import and purport of it; for, if Judge Garland were a proponent of the Second Amendment, his vote for an en banc review of the case would be strategically senseless.Through an en banc hearing there would exist a real possibility that the full complement of Judges would reverse the original ruling of the three-member panel. Obviously, Judge Garland was hoping to overturn the decision of the three Judge panel, realizing there was much to be gained and nothing to lose were the full contingency of Judges empaneled to rehear the case.Only three U.S. Court of Appeals Judges for the D.C. Circuit voted in favor of an en banc hearing in Parker: Randolph, Tatel, and Garland. Of note: two of the three Judges, Tatel and Garland, decided the Reno case, ruling in favor of the Attorney General, Janet Reno, against NRA. The decision, however, wasn’t unanimous. Judge Sentelle disagreed with the ruling and did so in a strong dissenting opinion.Judge Tatel wrote the majority opinion in Reno. Judge Garland joined Tatel. Garland did not write his own concurring opinion. That point is notable. It means Judge Garland agreed not only with the erroneous judgment but with Judge Tatel’s faulty reasoning.Yet, the authors of the March 31 letter do not address the reasoning of the Court’s majority in Reno. They don’t present formal argument in support of the majority opinion. They simply make statements, and the statements are misguided and meritless. The legal scholars assert the decision of the majority was correct because Attorney General, John Ashcroft, “defended the opinion,” saying, “[t]he court of appeals’ decision is correct.” But that tells us nothing illuminating. It merely begs the central question at issue: is the decision correct?The legal scholars also assert the decision of the majority was correct because the high Court denied NRA’s writ of certiorari. But, the authors of the letter know full well that no party may impose on the high Court as a matter of right. The granting of a writ of certiorari is discretionary and the Court will take up a case when it is consistent with the interests of a majority of the Justices at that particular time to do so, regardless of the merits of a case. The interests of the parties need not and often do not factor in the equation.But, there is another problem with the legal scholars’ pronouncements. Concerning Parker, they assert, “[a]ny argument that a purely procedural vote reflecting no substantive judgment on the merits of the underlying case is proof that Judge Garland would vote to overturn Heller is specious and dishonest, and unworthy of acceptance by the Committee or the Senate as a whole.”The point of the remark is that no one can reasonably discern Judge Garland’s views on the Second Amendment on the basis of a purely procedural vote. But, then, concerning Reno, these same scholars assert, inconsistently, that the failure of the U.S. Supreme Court to grant review means, “[t]he Supreme Court agreed [with the decision] and declined to hear the N.R.A.’s appeal.”Where lies the difference between the procedural vote cast by the U.S. Supreme Court Justices denying the writ in Reno, and the procedural vote cast by the full complement of U.S. Court of Appeals Judges for the D.C. Circuit, denying an en banc hearing in Parker?  If these legal scholars are telling the Senate that no inference can be drawn regarding Judge Garland’s Second Amendment stance in Parker, what is their legal or logical rationale for drawing an inference regarding a U.S. Supreme Court stance on the Second Amendment in Reno? The professors do not explain the discrepancy in their logic.The authors of the letter suggest the Senate should accept on faith that Judge Garland’s position on the Second Amendment is – if one must speculate – indeterminate. We disagree. His philosophy on the Second Amendment, on the basis of an analysis of Parker and Reno, is clear. It is one not supportive of a strong Second Amendment. It is one not at all in the same vein as Justice Scalia’s.The Judge’s jurisprudential approach to the law and the methodology he employs are substantially different from that of Justice Scalia. We discuss this on the Arbalest Quarrel website. We recently posted a comprehensive analysis of the Reno case in a series of articles.We welcome you to take a look at our analysis and encourage you to take a tour of our site. The link is: www.arbalestquarrel.com.We trust that you appreciate our concern for the continued preservation of our sacred Second Amendment. We implore you to deny Judge Merrick Garland a hearing and a vote on his confirmation. The danger his confirmation poses to our free Republic and to the preservation of the Bill of Rights our founders gave us rests in the balance.The Arbalest Quarrel weblog recently posted a comprehensive analysis of the Reno case in a series of articles. We welcome you to take a look at our analysis and encourage you to take a tour of our site. Once again, the link is: www.arbalestquarrel.com.We trust that you appreciate our concern for the continued preservation of our sacred Second Amendment. We implore you to deny Judge Merrick Garland a hearing and a vote on his confirmation. The danger his confirmation poses to our free Republic and to the preservation of the Bill of Rights our founders gave us rests in the balance.Sincerely,/s/Roger KatzRoger J. Katz, Attorney at LawCo-founder, Arbalest Group, LLC.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2015 Roger J Katz (Towne Criour) All Rights Reserved.