A Few Quick Thoughts On The Election

We won more than we lost yesterday and for that I'm thankful.

The US Senate will return to Republican hands. As it stands now, they have a seven seat pickup with two more probable wins in Louisiana and Alaska. Virginia is still amazingly close with about a 12,000 vote margin as of dawn. I'd say the Supreme Court is protected so long as the Lindsey Grahams and John McCains don't go all wobbly on us.

I'm very happy to say that North Carolina went for Tillis. While he is an establishment Republican and wasn't the most exciting candidate, we did get a lot of good pro-gun reforms passed while he was Speaker of the NC House.

It looks like Gov. John Hickenlooper (D-CO) will pull through barely as will Gov. Dannel Malloy (C-CT). Both look to win within the margin of fraud. Given that Colorado has mail-in voting, I wouldn't be surprised to find a number of votes for Hickenlooper coming from those ineligible to vote such as aliens and felons.

Billionaires proved that you can buy elections in Washington State. The I-594 initiative won 59.7% of the vote. Looking at maps of the vote last night, it appeared to be Puget Sound versus the rest of the state (Spokane excepted). The best thing you can say about this win is that it was an initiative and not a constitutional amendment. As Miko Tempski explained to me, an initiative can't be altered by the Washington State legislature for two years and then all bets are off. So, for the next two years, don't loan or hand your firearm to anyone if you live in Washington State.

More later as work does call and I haven't had enough coffee.

"More Weed. Less War"

And in the running for the most inane political ad of the year is this one from the American Future Fund. It popped up on me as I was playing one of those silly (but oh so addictive) Facebook games.





Supposedly these ads are paid for by "the evil Koch Brothers". According to NPR - hardly an unbiased source - they funded these ads to siphon off votes from Sen. Kay Hagan (D-NC) in her race with Speaker Thom Tillis (R-Mecklenburg).

Given how Hagan constantly appealed to low information voters and made the US Senate race seem more like a school board election, I'd say it is just desserts.

Remember hipsters, "Get High, Get Haugh" has a better vibe than "Get High, Get Hagan".

Vote Tomorrow As If Your Gun Rights Depend Upon It

Because they do.

Many things the Republicans do don't thrill me. However, both Heller and McDonald were 5-4 votes. Justices Scalia and Kennedy are both 78 years old. The only justice that is older is Justice Ginsberg at 81. All three could live years more or all three could die in the next two years giving President Obama up to three appointments to the Supreme Court. A Republican majority in the US Senate is the only fire wall we have to prevent three anti-gun justices.

Almost as important are the appointments to the District and Appeals Court level. These are lifetime appointments and we have seen how many of these judges have struggled to find any justification they can to deny Second Amendment rights.

The National Shooting Sports Foundation and their #Gunvote campaign have got it right in the video below. The Senate is the key.

GRNC Recommendations

Early voting ended Saturday in North Carolina. Despite having fewer days allocated to early voting, 17.4% of all registered voters have already voted. This is an increase 1.9% over the 2010 midterm election. More importantly, over 100,000 more registered Democrats have voted early than did in 2010. This is attributed to get out the efforts of the Democrats.

While both sides increased their turnout and both sides are touting it as a good sign for their candidates, gun rights supporters who haven't voted need to get to the polls on Tuesday. I don't think I need to reiterate what is at stake.

As a help for when you go to the polls, I'm publishing Grass Roots North Carolina's recommendations for the US Senate and House and the North Carolina Senate and House.

While I can't speak for other areas of the state, NC Representatives Ramsey, Moffitt, and Presnell have been extensively targeted by out-of-state money flowing into PACs. All three are good on guns and all have been recommended by GRNC. Rep. Michele Presnell (R-Haywood-Madison-Yancey) went so far as to ask my friend Tim who owns a local surplus store what she could do to help gun owners. He suggested uniform signage for stores like the Texas 30.06 requirement and she was quite interested in it.

GRNC-PVF CANDIDATE RECOMMENDATIONS

District #/Name US SENATE NC HOUSE (cont'd) NC SENATE TILLIS 059: HARDISTER 001: COOK 061: FAIRCLOTH 002: SANDERSON US HOUSE 062: BLUST 004: SCOTT 001: RICH 063: ROSS 006: BROWN 002: ELLMERS 065: JONES 007: PATE 003: JONES 067: BURR 008: RABON 004: WRIGHT 068: HORN 010: JACKSON 005: FOXX 069: ARP 011: NEWTON 006: WALKER 070: HURLEY 012: RABIN 007: ROUZER 071: MCCANN 013: WHITE 008: HUDSON 073: ZACHARY 015: FULGHUM 009: PITTENGER 074: CONRAD 016: MITCHELL 010: MCHENRY 075: LAMBETH 017: FULGHUM 011: MEADOWS 076: FORD 018: BAREFOOT 012: COAKLEY 077: WARREN 019: MEREDITH 013: HOLDING 078: MCNEILL 023: LOPEZ-CARTER 079: HOWARD 024: GUNN NC HOUSE 081: BROWN 026: BERGER 001: STEINBURG 082: PITTMAN 027: WADE 002: YARBOROUGH 083: JOHNSON 029: TILLMAN 003: SPECIALE 084: TURNER 030: RANDLEMAN 004: DIXON 085: DOBSON 031: KRAWIEC 005: PIERCE 086: BLACKWELL 033: BINGHAM 006: LAWSON 087: STARNES 034: BROCK 008: MARTIN 088: BRYAN 035: TUCKER 009: BROWN 089: SETZER 036: HARTSELL 010: BELL 090: STEVENS 038: RIVETTE 011: MARTIN 091: HOLLOWAY 039: RUCHO 013: MCCELRAFT 092: JETER 041: TARTE 014: CLEVELAND 093: JORDAN 042: WELLS 015: SHEPARD 094: ELMORE 043: HARRINGTON 016: MILLIS 096: ADAMS 044: CURTISS 017: ILER 097: SAINE 045: SOUCEK 019: DAVIS 098: BRADFORD 046: DANIEL 022: SMITH 103: BRAWLEY 047: HISE 025: COLLINS 104: CABLE 048: APODACA 026: DAUGHTRY 105: SCHAFFER 049: CRAWFORD 028: LANGDON 106: LOWE 050: DAVIS 033: WHITLOCK 107: ALEXANDER 036: DOLLAR 108: TORBETT 040: AVILA 109: BUMGARDNER 041: MURRY 110: HASTINGS 044: BUTTON 111: MOORE 045: SZOKA 112: HAGER 046: JONES 113: WHITMIRE 050: CHANEY 115: RAMSEY 051: STONE 116: MOFFITT 052: BOLES 118: PRESNELL 053: LEWIS 119: CLAMPITT 055: BRODY 120: WEST 056: CARTER

North Carolina Judicial Races

North Carolina has a non-partisan electoral system for all levels of judges. Prior to 1996, judicial elections were partisan. Appellate level judgeships - Court of Appeals and Supreme Court - were the last to go non-partisan making the transition in 2002.

Given that, how can you figure out who is conservative and who is liberal? Or who is pro-gun and who is anti-gun. We recently saw what a difference it can make when Wake County Superior Court Judge Donald Stephens blatantly ignored the black letter law and allowed Ag Commissioner Steve Troxler (R-NC) to ban guns at the NC State Fair.

The State Board of Elections does put out a Judicial Voter Guide which includes a short statement from each candidate, gives their education and work history, and provides a link, if any, to their websites. To be frank, it is of little use other than to tell you some of their work history and educational background.

Fortunately, the candidates' websites tend to be of more value. For example, Judge Bill Southern, who is running for the NC Court of Appeals against Judge Lucy Inman, tells you he is a member of the NRA and is part of the conservative/libertarian John Locke Foundation's candidate development program. By contrast, Supreme Court Associate Justice Robin Hudson touts her endorsements from the Durham People's Alliance, NC chapter of NOW, and the NC AFL-CIO. You can be pretty much assured that she is not a conservative.

The North Carolina Republican Party has issued their endorsements at the state level as has the Grass Roots North Carolina Political Victory Fund. With the exception of the "Martin seat", they agree. The North Carolina Democratic Party also made endorsements which are 180 deg. from those below.

From the GOP:

Supreme Court Chief Justice
Judge Mark Martin

Supreme Court Justice (Martin seat)
Judge Bob Hunter

Supreme Court Justice (Hudson seat)
Judge Eric Levinson

Supreme Court Justice (Beasley seat)
Mike Robinson

Court of Appeals (Hunter seat)
Judge Bill Southern

Court of Appeals (Martin seat)
Judge John Tyson

Court of Appeals (Stroud seat)
Judge Donna Stroud (unopposed)

Court of Appeals (Davis seat)
Judge Paul Holcombe

Perhaps more important to gun owners is this list of endorsements from the GRNC PVF:

GRNC-PVF Judicial Candidate Recommendations:

Supreme Court (Chief Justice): Mark Martin
Supreme Court (Martin seat): Bob Hunter
Supreme Court (Hudson seat): Eric Levinson
Supreme Court (Beasley seat): Mike Robinson
Court of Appeals (Martin seat): Marion Warren
Court of Appeals (Hunter seat): Bill Southern
Court of Appeals (Stroud seat): Donna Stroud
Court of Appeals (Davis seat): Paul Holcombe

What is called the "Martin seat" is to fill the vacancy left open when Chief Judge John Martin retired. There are, believe it or not, 19 candidates for that open seat. In addition to the two people endorsed for this seat by the GOP and GRNC-PVF, Elizabeth Davenport Scott and Valerie Johnson Zachary are also worth a look. Both are Republicans. Zachary has been endorsed by Conservatives of Guilford County and touts herself a conservative. What makes her somewhat unusual is that she has a law degree from Harvard and practices in Yadkinville, pop. 2,818.

I did a blog post earlier this month regarding Judge Mark Davis who is seeking a full term on the Court of Appeals. Unless he is just a hired gun who will say anything to win a case, he is no friend of the Second Amendment. For that reason, Judge Paul Holcombe has my vote.

Early voting started on Thursday, October 23rd. To find out where you can vote early (assuming you are a registered NC voter), go here. The one thing to remember is that voting a straight ticket won't impact these races. You have to vote for each race and each judge.

#Gunvote - They Certainly Have It Correct

The latest YouTube video out from the National Shooting Sports Foundation's #Gunvote campaign nails it on the head. The 5-4 decisions behind both the Heller and McDonald decisions could be at risk if President Obama gets a chance to replace one of the "five" over the next two years. The only way to prevent it is with a Republican Senate.

Now Where Have I Heard That Name Before

North Carolina judicial elections at all levels are officially non-partisan. The trend towards non-partisan judicial elections started in 1996 with superior court judges, continued in 2001 with district court judges, and culminated with appellate level (both Court of Appeals and Supreme Court) judges and justices in 2002. The North Carolina Board of Elections sends out the General Election Judicial Voter Guide to every resident.

I got the 2014 edition in the mail today. I'm reading through the candidates for the various seat on the Court of Appeals and I came across a name that struck a bell - Mark A. Davis. It noted that he was appointed to the Court of Appeals by former Gov. Beverly Perdue (D-NC) and had served as a Special Deputy Attorney General and General Counsel to the Governor. It hit me and a quick check showed I was correct.

Mark Davis was the lead attorney for the State of North Carolina in Bateman v. Perdue. He was the man charged with defending North Carolina's law that stated, during times of officially declared emergency, off-premises possession of a firearm was banned. Put another way, it was his job to keep North Carolinians defenseless when they were at their most vulnerable. Fortunately, he failed.

Davis makes note of all his endorsements by former judges and by groups such as the Advocates for Justice and the NC Association of Educators. Advocates for Justice used to be named the NC Academy of Trial Lawyers which is an organization of primarily plaintiffs attorneys. Davis notes that the judges that endorsed him are both Republicans and Democrats. Frankly, I don't care.

What I care about is not having a judge on the North Carolina Court of Appeals that wrote something so dismissive of my Second Amendment rights as did Davis in his Reply in Response to Motion. The State of North Carolina had filed a Motion to Dismiss which drew a Memorandum in Opposition from Alan Gura. Davis started off his response to Gura with this.

Plaintiffs’ Response Brief is most notable for its refusal to even acknowledge the substantial governmental interest in placing restrictions on the carrying of guns in public. Guns are designed to injure or kill, and possession of a gun poses a real risk of death or serious bodily harm to others – that is, in fact, the very purpose of a gun. Consequently, the State’s interest in imposing appropriate restrictions on the carrying of guns outside of one’s premises is even stronger than the State’s well-recognized interests in establishing reasonable limits on First Amendment and other constitutional rights, the exercise of which carry far less potential for death and destruction.

While Heller notes some similarities between the First Amendment and the Second Amendment, there is one major and obvious difference between the two. Unlike even the most hateful and offensive speech, guns are capable of inflicting violent bodily injury and death. In order to protect citizens from the risks of gun-related violence, States must be given reasonable latitude to set limits on the carrying of firearms in public, and this governmental interest is at its greatest during a state of emergency.

As most people know, Judge Malcolm Howard rejected the state's argument and declared the Emergency Powers statutes unconstitutional as they burdened the Second Amendment.

I can't say that Mark Davis was appointed by former Gov. Perdue to the Court of Appeals based upon this case. However, given that he served as her General Counsel during her last two years of office, I think it is safe to say his appointment was a reward for good service to her. His appointment came as she was about to leave office.

Davis says he will bring "good old-fashioned North Carolina values to the Court of Appeals." Working to suppress my Constitutional rights is not a North Carolina value insofar as I'm concerned. It is for that reason I urge a vote for his opponent Judge Paul Holcombe.