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Newslinks for 8/15/2008

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Second Amendment Doesn't Protect Illegal Aliens
Submitted by: Rick Schwartz
Website: http://hubpages.com/hub/For-Women-Only----A-Pictorial-Journey-About-Choice

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"So concludes a Magistrate Judge in the Southern District of Florida, in U.S. v. Boffil-Rivera, recommending that the District Judge reject a constitutional challenge to a federal statute that criminalizes gun possession by illegal aliens. Seems like a pretty sensible result, but what's interesting is the reasoning:" ...
 

The Second Amendment and Non-Citizens
Submitted by: Rick Schwartz
Website: http://hubpages.com/hub/Filipino-Bistek-Beef-Steak-Made-in-Heaven

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"The Second Amendment / illegal alien decision discussed in the post below reminds me of a broader question — do noncitizens who are legally present in the U.S. have Second Amendment rights?"

"1. Federal law generally bars gun possession by noncitizens who are here under a nonimmigrant visa. Some state laws go further and ban all possession by noncitizens, including by permanent residents. ..."

"Generally speaking most constitutional rights have been extended (at least where criminal punishment, as opposed to the threat of deportation, is involved) to legal aliens. Should this apply to the Second Amendment? The reasoning in the illegal alien opinion seems to potentially apply to legal aliens as well, though that's not clear." ...
 

Right to bear arms in real jeopardy!
Submitted by: Shabby

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"Realizing gun laws are a timely topic, I wanted to weigh in on the recent ruling by our Supreme Court. First and foremost, I am disappointed in the recent 5-4 ruling by our Supreme Court. My concern is with the four who don't believe our Bill of Rights is worth supporting. The vote should have been unanimous."

"Furthermore, the ruling language causes grave concern as it is worded in such a way as to insinuate the Supreme Court has given us this basic right, rather than the long accepted notion that provides the Second Amendment as a God-given right. In addition, the wording is such that it is a qualified right ... Don't celebrate the decision yet; the wording of this decision suggests a very ominous future for the Second Amendment." ...
 

In Defense of Looseness
Submitted by: Bruce W. Krafft

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"At the end of June, the Supreme Court, in a case called District of Columbia v. Heller, invalidated the District's ban on the private ownership of pistols. It did so in the name of the Second Amendment to the Constitution. The decision was the most noteworthy of the Court's recent term. It is questionable in both method and result, and it is evidence that the Supreme Court, in deciding constitutional cases, exercises a freewheeling discretion strongly flavored with ideology." ...
 

GA: One hand on the Bible, one hand on the gun ...
Submitted by: Mark McCullough
Website: http://www.georgiacarry.org/

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"It appears that some of our Georgia lawmakers are in favor of House Bill 89 on steroids." ...

"And of course then there’s always the ultimate question that I have:"
"Johnson, the gun safety advocate, questioned how police officers would know the difference if faced with someone carrying a weapon." ...
"That last part is always the one I wonder about the most… how is law enforcement supposed to tell the victims from the criminal if both are holding guns? Maybe a special t-shirt?" ...
 

IL: Four Shot in Jewelry Store Shootout
Submitted by: Bruce W. Krafft

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"Robbers invaded a Southwest Side jewelry store on Wednesday, triggering a gun fight. Four people, including the alleged robbers, were injured in the shootout."

"It was a wild scene ... when a pair of robbers pretending to be customers walked into Sergio V. Jewelry. But the robbers picked on the wrong guy."

"The store owner, Sergio Vasquez, is known around the neighborhood to be a man who doesn't put up with any nonsense at his shop. He was behind the counter when the robbers walked in." ...

"Investigators said the robbers walked in with a briefcase and when they pulled their guns, Vasquez grabbed his and all three opened fire. Both robbers were hit and so was a jeweler in the back of the store. ..." ...
 

OH: Ohio CHL-holder defends life when ambushed in broad daylight
Submitted by: Bruce W. Krafft

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"Several media outlets are reporting that police are looking for a man who attempted the ambush-style robbery of a Concealed Handgun License-holder in broad daylight Tuesday in Lancaster. Instead of receiving the $7,000 his victim was carrying in anticipation of purchasing some construction equipment, the robber was instead on the receiving end of his intended victim's .38 caliber revolver."

"From the story:"
"Nathan R. Zeger, 27, of Galion, was meeting an individual to purchase a Bobcat around 3:50 p.m. Tuesday ..." ...

"Zeger dropped to the ground and pulled his .38 caliber handgun and shot six times at the male in the ski mask. ..." ...
 

CT: State says killing of bear was justified
Submitted by: Bruce W. Krafft

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"An Indian Trail Road homeowner was justified in killing a black bear Wednesday after it chased his dog and then acted threateningly toward him ..."

"James Galvin killed the female bear with three blasts from a 12-gauge shotgun while standing outside his front door about 7 a.m. Galvin said he fired after the bear stood on its hind legs, lowered itself and started toward him."

"'I thought it was going to attack,' Galvin said. 'It was about 15 feet away from me.'"

"The bear had been chasing Galvin's sheepdog, Geno, through the yard, but stopped when Galvin emerged from the front door. Galvin said he was awakened by Geno's barking and looked out the window to see the bear, which had two cubs nearby, pursuing the dog." ...
 

TX: Houstonian shoots accused intruder
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

Houston police say they are investigating a shooting where a homeowner fought back and shot a suspected burglar

Investigators say that the ordeal began after two men broke into a home on Pecan Villas in southeast Houston.

The homeowner heard the suspects and then grabbed his gun and shot at the reported intruders, police say.

One of the men was hit. He was taken to the hospital and is in serious condition.

The second suspect was arrested at the scene.
 

PA: Police: Locksmith Shoots Robber In Head
Submitted by: jac

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FULL TEXT BELOW:

Police were investigating a shooting in South Philadelphia Thursday.

An 18-year-old man was shot in the head on the 1500 block of Federal Street. He was listed in critical condition, officials said.

Officials said the man was shot when he tried to rob a locksmith.

The owner of the locksmith store shot the man, who was armed with a gun, officials said.

Police said they recovered the gun from the scene.
 

TX: Texas School District To Allow Guns On Campuses
Submitted by: Anonymous

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FULL TEXT BELOW:

A Texas school district has decided to allow some employees to have guns on school campuses.

The Harrold Independent School District near Wichita Falls has decided to allow specific employees to carry firearms on school property and at school events.

The school district said it will allow the guns to protect students, because board members estimate it would take first responders nearly 30 minutes to get to the school if there was an emergency.
-------

Submitter's Note: Works for Israel.
 

John Longnecker: Guns and 2008: A Powerful Unifying Force Overlooked By The Candidates?
Submitted by: Bruce W. Krafft

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"What is it about Guns? . . a question addressed by many except Presidential Candidates where the subject seems to be Verboten. Here's a new wrinkle: As the 2008 Presidential Candidates remain mute or vague on Liberty questions, especially in light of the recent Supreme Court Decision that gun bans are unconstitutional, you'd think they'd comment."

"Are they missing a bet?"

"There are more than 300 million guns in the hands of some 80 million adults (I said Adults) in America, and most of these adults believe that non-gun owners don't have a clue as to what Guns are really all about. It's like Fishing: it may not be at all obvious that catching a fish isn't what fishing is all about." ...
 

Libertarian Candidate for V.P. One of the Fold
Submitted by: Bruce W. Krafft

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"As the two major political parties prepare to formally nominate their presidential candidates, the Libertarian Party is already working on getting its message out for the 2008 elections."

"At the helm this year is former Georgia Republican congressman Bob Barr, whom the party formally nominated for president in May. His vice-presidential nominee is Wayne Allyn Root, a Jewish businessman from Nevada." ...

"On the domestic front, Root linked the war on terror to the immigration debate, citing lax border control as a threat to U.S. security. He said that the military should be brought home to defend American borders."

"Root is a strong supporter of Second Amendment rights ..." ...
 

NJ: Constitution Party Candidate Gains Ballot Access in New Jersey
Submitted by: Bruce W. Krafft

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"New Jersey voters unhappy with Obama and McCain will have a better choice this November, as Chuck Baldwin – the Constitution Party presidential candidate – has received enough petition signatures to appear on the ballot." ...

"The platform of the national Constitution Party affirms limited, Constitutional government and tax policies and focuses on Right-to-Life, Second Amendment rights, U.S. sovereignty, energy independence, border enforcement, and celebrates the Judeo-Christian foundations of the American political system. The Constitution Party of New Jersey is fielding a local candidate, Peter Boyce (www.BoyceYourChoice.com) for the state's 2nd Congressional District."
 

LA: Three national groups support Gorman
Submitted by: Bruce W. Krafft

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"Fourth Congressional District republican candidate Chris Gorman’s campaign has received the support of three national groups -- The Conservative Victory Fund, BAMPAC, and the 60 Plus Association."

"According to press releases from the organizations:"

"The Conservative Victory Fund, one of the country’s oldest conservative campaign committee, singled Gorman out for his 11-point energy plan to help reduce the price of gas and diesel at the pump, for his pro-Second Amendment positions, and for his commitment to ending wasteful government spending including wasteful Congressional earmarks." ...
 

MT: NRA to Montana: Obama a threat to gun owners
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"The National Rifle Association said Wednesday that Barack Obama's campaign is trying to mislead voters about his past support of gun control, calling the Democratic candidate 'a poster child of the extremist, elitist gun control movement.'"

"The group was responding to recent remarks by Montana Gov. Brian Schweitzer, a Democrat who supports gun rights and told reporters this week that Obama 'ain't ever going to take your gun away.' Schweitzer, who has the NRA's support in his re-election bid, added that there is little difference between the Democrat and Republican John McCain."

"The NRA said Schweitzer was misrepresenting the candidates' positions." ...
 

GA: General Assembly passes gun permit bill
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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FULL TEXT BELOW:

In the 2008 General Assembly state lawmakers passed House Bill 89 which allows people with gun permits to carry weapons aboard public transportation and into restaurants.

A Georgia state senate committee has begun hearing arguments from both sides of the gun rights issue. State Representative Ed Rynders who voted for House Bill 89 says he is a strong supporter of the second amendment and believes in the rights of citizens to defend themselves.

State Representative Freddie Powell Sims says she too is a supporter of the right to bear arms and adds that "Criminals are the ones we're concerned about because they have better weapons than law abiding citizens."
 

IL: City bends on gun ordinance
Submitted by: Bruce W. Krafft

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"Hoping to bring a quick end to a legal challenge by the National Rifle Association, the Evanston City Council Monday enacted changes to its 1982 handgun ban that will permit possession within the home "for self-protection.'"

"In a 7-1 vote, aldermen amended the City's all-out ban to conform with the U.S. Supreme Court's view that the Second Amendment of the Constitution grants private individuals the right to possess handguns in the home."

"The NRA filed suit against the City of Evanston June 27, one day after the Supreme Court rendered its opinion in a case that originally challenged gun regulations in Washington, D.C." ...
 

Gunmaker to feds: Give me my firearm!
Submitted by: Bruce W. Krafft

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"A licensed gunmaker who has reported retaliatory attacks on his work by federal agents upset over his testimony on behalf of a man sent to prison for having a broken gun has ordered the government to return one of his projects."

"'You have seized company property without any cause or court order to date. The company firmly demands the return of the firearm in question,' Len Savage told John Spencer and other officials at the Bureau of Alcohol, Tobacco, Firearms and Explosives in a letter, a copy of which was sent to WND and also later posted online at the War on Guns blog run by David Codrea."

"'Therefore please return the property of the company [the firearm in question] immediately,' he wrote." ...
 

KY: Golf Cart Used to Patrol Prestonsburg Streets
Submitted by: Anonymous

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"One eastern Kentucky police department is using a new method to cut gas costs."

"The Prestonsburg Police Department has added a golf cart to its fleet of vehicles."

"Assistant Police Chief Bryan Hall says he got the idea when the department’s fuel bill skyrocketed and started taking money away from other services and needed equipment."

"Halls says the golf cart is treated just like any other police car."

"They use it to patrol downtown streets and all the neighborhoods.
Hall believes it also makes it easier for people to talk to officers."

"'Ride by somebody's house, somebody says, 'hey, I need to tell you something'; you get a lot more information that way,' Hall said." ...
 

CO: Videotape shows man beaten by Denver Police
Submitted by: motoboy

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"The Denver District Attorney's office has dropped its case against a man who was facing three years in prison for assault, after 9Wants to Know obtained and showed prosecutors a videotape of the man's arrest."

"The Denver Police Department has also started an internal investigation."

"On the video, which was shot outside Coors Field on the home opener of the Colorado Rockies game on April 4, undercover Denver Police detectives hit, kick and choke John Heaney." ...

"After three detectives had Heaney facedown on the ground with his hands behind his back, the video shows undercover Det. Michael Cordova pull Heaney's hair, lift up his head and slam it into the ground, breaking two of his teeth on the cement." ...
 

LA: Officer charged in death of Tasered man
Submitted by: Bruce W. Krafft

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"A Louisiana grand jury indicted a former police officer on a manslaughter charge in the death of a man who was Tasered nine times while handcuffed, prosecutors said Wednesday."

"Scott Nugent also was charged with felony criminal malfeasance in connection with the January death of Baron 'Scooter' Pikes."

"Pikes, a 21-year-old sawmill worker, tried to run from Winnfield police, who wanted to arrest him on a warrant charging him with cocaine possession."

"A coroner's report found that Pikes was handcuffed and on the ground when first stunned with a Taser and might have been dead before the last two 50,000-volt shocks were delivered." ...
 

FL: Lake Wales Police Officer Arrested In Drug Ring Bust
Submitted by: Bruce W. Krafft

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"A Lake Wales police officer and 18 others have been arrested after an eight-month investigation into an alleged drug operation based in Haines City."

"Lake Wales officer Keenan Colson, 50, of Bartow resigned Wednesday, the day he was arrested and charged with one count of conspiracy to engage in pattern of racketeering, five counts of unlawful use of a two-way communications device, and four counts unlawful use of computer access."

"At a news conference Wednesday, Sheriff Grady Judd said Colson used police equipment to provide information to co-defendant Clayton Hoerler, 25, of Lake Alfred." ...
 

PA: Ex-Cop Sentenced for Pulling Woman Over for Phone Number
Submitted by: jac

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"A former part-time Pennsylvania police officer has been sentenced to 30 days in jail for pulling over a woman while he was off duty — just to give her his phone number."

"Steven Klinger, 32, was charged with official oppression, or acting outside his authority as an officer."

"Police said he used red and blue lights mounted on the dashboard of his pickup truck to pull over a woman ... in April 2007. The woman became suspicious when he began asking her if she was married or had a boyfriend ..."

"Klinger was also sentenced Tuesday to three additional days in jail and fined $1,000 for driving drunk in July 2007. Police said he had a blood-alcohol level of .40 percent, five times the legal driving limit." ...
 

LA: New Orleans cops cleared in bridge shooting
Submitted by: motoboy

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"A judge threw out murder and attempted murder charges Wednesday against seven New Orleans police officers accused of gunning down two men on a bridge in the chaotic aftermath of Hurricane Katrina."

"In quashing the indictments, District Judge Raymond Bigelow agreed with defense arguments that prosecutors violated state law by divulging secret grand jury testimony to a police officer who was a witness in the case." ...

"Survivors of the Sept. 4, 2005, shootings have said the officers fired at unarmed people crossing the Danziger Bridge to get food at a grocery store. Ronald Madison, a 40-year-old mentally disabled man, and James Brissette, 19, were shot and killed by police; four other people were wounded." ...
 

NY: Oswego police find buyer for its bullets
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"When the Oswego City Police Department decided to upgrade to a Glock .45-caliber handgun from the Glock .40s their officers had been carrying for more than 10 years they needed to figure what to do with the surplus .40-caliber bullets they had. Monday night, the Oswego City Council approved a plan that will allow the Police Department to sell the remaining couple hundred rounds of ammunition to the State University College at Oswego. The bullets will be used by 20 of the college's police officers, who also carry Glock .40s." ...
 

NJ: FedEx staffer held in theft of 146 guns
Submitted by: fms

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"A FedEx cargo handler stole 146 handguns from the Monmouth County facility where he worked and enlisted a friend to help sell the weapons at public housing projects in Jersey City and on the streets of Newark and East Orange, federal investigators said today."

"The scheme began to fall apart when frustrated residents complained to Jersey City police, who then used a sting operation to capture the suspects, authorities said."

"Federal agents are now trying to trace dozens of the stolen weapons, many of which they said were sold for between $300 and $500 each or traded for drugs." ...
 

MI: 'Open carry' group to gather
Submitted by: Bruce W. Krafft

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"Ron Gibson carries a semi-automatic pistol on his hip for anyone to see, and insists he's not out to intimidate."

"When he goes to bed, the .45 caliber firearm is nearby and loaded."

"'Just because I'm carrying a gun, I shouldn't be viewed as a threat. I don't bring any attention to it whatsoever,' he said."

"Gibson is among about three dozen members of a gun rights group who will 'pack' a picnic with their families Saturday afternoon in Warren."

"They are part of a growing movement of advocates promoting the Second Amendment and the open carrying of handguns."

"The group, members of OpenCarry.org, invites the public to stop by at Veterans Memorial Park ... and ask questions or pick up a pamphlet." ...
 

CT: Wallingford rifle range improves safety, reopens
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"A Wallingford rifle range that had been shut down after safety questions were raised is reopening its 100-yard shooting range."

"The Blue Trail Range received a positive safety review from the state Department of Environmental Protection Wednesday."

"The gun range voluntarily closed both its 100- and 200-yard rifle ranges in May after the DEP expressed concern that bullets were entering Tri-Mountain State Park."

"Since closing, Blue Trail has built up the backstop to the 100-yard range, installed baffling above the shooting area and revised its rules and regulations."

"The 200-yard range will remained closed to address other safety issues." ...
 

GA: A quiet word about concealed weapons from Georgia’s revolutionary front
Submitted by: Mark McCullough
Website: http://www.georgiacarry.org/

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... "Attorney Ed Stone of Georgia Carry was one of the chief witnesses [at the Senate committee meeting] on Tuesday, and said concealed gun zones should include both universities and churches."

"Crawford then writes this"

"Sen. George Hooks (D-Americus) said he received a petition from the North Georgia Conference of the United Methodist Church that expressed the church’s concerns about people carrying firearms into a church." ...

"... Ray Newman, who monitors governmental affairs for the Baptist convention, said he personally likes the idea of responsible people walking around armed — in principle."

'But I don’t see the point of people being armed at church,' Newman said."
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Submitter's note: Comments allowed to this Atlanta Journal-Constitution article.
 

UK: Man fined for carrying gobstopper [jawbreaker]
Submitted by: Bruce W. Krafft

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"A man caught carrying a large gobstopper in a sock has been fined £400 after it was found to be an offensive weapon."

"Jamie Harvey, 20, said he needed it for protection after he was attacked."

"At Edinburgh Sheriff Court he admitted carrying the snooker ball-sized gobstopper and sock at a city leisure centre on 19 December last year." ...

"The court heard how unemployed Harvey, from the Maybury area of Edinburgh, kept the gobstopper under his car seat."

"He was caught at Drumbrae Leisure Centre by police who were searching for cannabis."

"Sheriff Kenneth McIver told him that, even though it was not in the same category as a knife or axe, it was capable of inflicting a nasty injury." ...
-------

H/t to David Codrea.
 

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