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Shooting for the sweet spot


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In 2003, a man in a Chicago suburb used a handgun — illegal by village ordinance — to shoot an intruder in his kitchen who had broken in with the intention of stealing his car.

Hale Demar, 54, became a hero of gun rights activists when he was charged with violating the handgun ban after his confrontation with the burglar. Soon afterwards, state legislators drafted a bill that would exempt residents of gun-banning municipalities from facing charges if they used the prohibited weapon for self-defense. Obama voted against the measure.

The Demar vote is among several cited by Obama's opponents as evidence of hostility to the Second Amendment. In a recent ad from the NRA, for example, the roll call from the legislation is cited to back up the statement that the Illinois senator "opposes my right to own a handgun for self-defense."

Also while in the state legislature, Obama voted to limit handgun sales to one-per-month for individual buyers. (But he also supported a measure to loosen restrictions on gun ownership by former law enforcement officials.)

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In the U.S. Senate, Obama's voting record reflects a similar ideology toward gun restrictions. In 2005, Obama was one of 31 senators who voted against Republican-sponsored legislation to "prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products."

McCain voted in favor of the measure, which was passed by Congress and was signed into law by President Bush.

Obama also voted in favor of an amendment to the liability legislation that sought to expand the definition of "armor-piercing ammunition" with the intent of banning a greater variety of bullets capable of penetrating police armor. The same types of ammunition can be used in deer hunting, prompting opponents of the measure to decry it as an assault on hunters' rights. McCain voted against the measure, which failed.

During his 26-year career in Washington, McCain has consistently opposed most efforts to place limits on gun ownership, including the Federal Assault Weapons Ban and the Brady Bill, a measure passed in 1993 that mandated a waiting period of up to five days for gun buyers. He has also voted in favor of legislation to toughen penalties on those who violate existing gun laws and illegally transfer firearms.

Unanswered questions
One of the most widely repeated quotes of the primary season was Obama's statement, captured on audiotape at a closed San Francisco fundraiser, that rural Americans "cling to guns" because they are "bitter" about their economic struggles.

The comments touched off a new volley of criticism against the senator, whose primary opponents derided him as out-of-touch and contemptuous of gun owners. The "bitter" controversy continues to haunt him in his attempts to win over some rural voters, and it has further fueled rumors that Obama hopes to enact a federal gun ban.

Last month, Obama insisted to a questioner at a Pennsylvania event that "I'm not going to take away your guns." Frustrated, he offered the logic that "even if I want to take them away, I don't have the votes in Congress."

His prediction is almost certainly correct. Congressional opposition to any kind of ban, especially in light of the Heller decision, would be vehement.

But Obama's record is not entirely clear on whether or not he believes that such a ban would be constitutional or beneficial.

Before the Heller ruling, Obama's campaign told a Chicago newspaper that the senator believed that the D.C. gun ban was constitutional. The campaign later disavowed the statement, characterizing it as an "inartful" communication of his views.

In 1996, when running for the state senate, Obama responded affirmatively on a questionnaire that asked "Do you support state legislation to … ban the manufacture, sale and possession of handguns?" Obama said late last year that he never laid eyes on that part of survey. The "yes" response was attributed to a staffer who accidentally mischaracterized Obama's positions when filling out the questionnaire on his behalf.

Although McCain has been consistent throughout his career in weighing in on gun rights, his passion for Second Amendment protections does not match that of many of his Republican colleagues. As such, some skeptics wonder how vigorously he will pursue the loosening of current gun control laws if elected. McCain says that he does not currently own a gun, and, during a campaign stop at a gun store on the same day as his address to the NRA's annual convention, he lingered near the fishing gear, never allowing photographers to capture his image in front of firearm merchandise.

Surprises for the next president
The Heller ruling fundamentally impacted the underpinnings of American gun regulations by defining firearm ownership as a fundamental and individual Constitutional right. As a result, many local ordinances that prohibit gun ownership — like those in Chicago sustained by Obama's votes in the state senate — are in the process of re-litigation. The next president will likely have a role in further defining the relationships between local governments, law enforcement, and federal authorities in light of the new law of the land.

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Experts believe that the next president will appoint as many as three new Supreme Court Justices, offering the potential for a significant and lasting impact on the nation's most controversial constitutional questions.

With the Heller decision resolved by a narrow 5-4 vote, activists on both sides of the gun issue will vehemently lobby the chief executive to choose new members of the court who will interpret the Second Amendment in their favored way.

Still, some gun control advocates express surprise and frustration that Second Amendment issues remain so contentious in the presidential race, considering the limited power of the executive branch to enact sweeping gun reforms without the support of the Congress. Noting the number of members of Congress who have "A" ratings from the NRA, a spokesman for the Brady Campaign to Prevent Gun Violence agrees with Obama's statement that he would be unable to enact any gun ban even if it was his intention to do so.

"There are legitimate solutions to some of these problems that don't require taking guns away," Hamm added. "The right president can take steps that would reduce the level of gun violence we have in this country."



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