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Newslinks for 1/16/2008

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Paul Beats Giuliani (Again)
Submitted by: Mark A. Taff

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The bad news for Rudolph W. Giuliani Tuesday night in Michigan was that Representative Ron Paul of Texas appears to have beaten him handily again, just as he did in Iowa.

With 89 percent of the precincts reporting at 11:20 p.m., Mr. Giuliani was in a distant sixth-place, behind Fred D. Thompson, who was in fifth place, and Mr. Paul, who was in fourth place and who received more than twice as many votes as Mr. Giuliani.

Ed.: Oh Happy Day!
 

CA: Gun letters off the mark
Submitted by: Mark A. Taff

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...

To begin with, the Second Amendment is grammatically unclear: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This sentence is obviously missing a connector or preposition somewhere, but unclear language from the 1700s opens this amendment to a variety of interpretations. Does it mean "a well regulated militia and the right of the people shall not be infringed," or does it mean "A well regulated militia is the right of the people?" And what does it mean by arms? Rifles, shotguns, or assault weapons? This amendment, in fact, is so confusing and vague, it's surprising that more challenges to it have not been heard to date.
 

AL: Murder charge dropped in case of self defense
Submitted by: Mark A. Taff

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Prosecutors have dropped a murder charge against Frederick Espy II because of a lack of evidence.
Espy, 25, has claimed he was defending himself when he shot Joseph Thomas Burton on April 3, 2005, at the Club Oasis on Plummer Road.

Espy told Madison County sheriff's investigators he shot Burton in self defense, but he apparently disclosed that information after the deputies informed Espy of his Miranda rights and he had asked that a lawyer be present. Circuit Judge Loyd H. Little declared Espy's statements during the interview as inadmissible in the trial.
 

FL: Giuliani concentrates efforts in Florida
Submitted by: Mark A. Taff

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An embattled but comfortable Rudy Giuliani turned up the anti-terror rhetoric Tuesday to receptive crowds across the state in a last fierce dash to lock in votes before Republican rivals converge on Florida next week.

...

Whether his get-tough message resonates beyond Disney World as the state nears the Jan. 29 GOP primary is another matter. Polls show him more or less tied with his rivals here where he once led by a large margin, as his one-time national lead slips.

Ed.: I wonder how he feels about getting his butt kicked by Ron Paul once again. :-)
 

The Meaning of Liberty and Your Guns
Submitted by: Mark A. Taff

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Dave Kopel is an attorney, a Second Amendment scholar and a tireless advocate for the right to keep and bear arms. He has published an article this week, In Liberty’s Two Arms, exploring the historical philosophical roots of liberty and their relevance to the language of the Second Amendment. Of even more interest is Kopel’s use of a well known book written by Justice Stephen Breyer, big macher of the liberal wing of the U.S. Supreme Court. Using Breyer’s own research and words, Kopel finds foundation for the individual right to own and keep personal firearms.
 

Supreme Court to Review Legality of DC Handgun Ban
Submitted by: Mark A. Taff

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By Wayne LaPierre And Chris Cox

...

The brief also correctly recognizes that the D.C. statutes ban "a commonly-used and commonly-possessed firearm in a way that has no grounding in Framing-era practice," the Second Amendment applies to the District of Columbia, is not restricted to service in a militia and secures the natural right of self-defense.

However, the government's position is also that a "heightened" level of judicial scrutiny should be applied to these questions. The National Rifle Association believes that the Court should use the highest level of scrutiny in reviewing the D.C. gun ban.
 

ND: Rounds: Little hope for bill to ban firearms on campuses...
Submitted by: Mark A. Taff

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Governor Rounds says there's little hope for a bill in the 2008 Legislature that would ban firearms on South Dakota's public university campuses.

The Board of Regents wants HB1086 passed as part of its systemwide security plan.

But Rounds says lawmakers need to be careful whenever the constitutional right to bear arms is involved. He says law-abiding citizens need to be able to protect themselves.
 

KY: Grand jury will not indict Louisville man in parking lot shooting
Submitted by: Mark A. Taff

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Commonwealth's Attorney Dave Stengal recommended not to indict based on evidence that Richard Koenig shot Darren Pickerell in self defense.

The grand jury heard testimony from Koenig, his wife and two witnesses. The jury did not hear from Pickerell, who is unable to testify because of injuries.

Jeffersontown Police Chief Rick Sanders said soon after the incident that Koenig, a retired Jeffersontown police officer, said that he shot in self-defense, and a gun was recovered from Pickerell's vehicle. Sanders said both men drew guns.
 

Candidates Must Trump Justice Department in DC Gun Case
Submitted by: Mark A. Taff

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But it does not ask the Court to affirm the DC Circuit Court judgment in favor of Heller, either. Instead, it asks the Court to vacate (or throw out) the lower court opinion, and send the case back for a rehearing applying a lesser standard of review to the rights embodied in the Second Amendment than are typically applied to other amendments in the Bill of Rights, like the First and Fourth Amendments.

Ed.: And of course, Dr. Paul is ignored by Froman, though he is arguably the *most* pro-gun candidate.
 

GA: Governor opposes guns in cars at work
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Gov. Sonny Perdue indicated Tuesday morning his opposition to the National Rifle Association's attempt to pass legislation allowing Georgians to have guns in their cars at work. Perdue addressed the subject as lawmakers were preparing a public hearing on the issue, which the NRA pushed last session. The Georgia Chamber of Commerce has fought the measure, arguing that it violates property rights of employers who don't want guns in their parking lots. 'The NRA is my friend and I want them to continue to be my friend,' Perdue said during a speech to state business leaders. 'I hope we can continue to work together where we don't pit people between the second amendment and property and employer rights...' ...

KABA QUESTION: Is the governor willing to agree to never have firearms in the cars of anyone working for him (such as bodyguards, or police), or for any State government agency?
 

NSSF Working to Educate the Media
Submitted by: Dustin
Website: http://dustinsgunblog.blogspot.com

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Check out the below video of Tom Gresham (Host of Gun Talk Radio & Personal Defense TV) & the NSSF working to educate the Media about the AR-15 platform. Video starts out with a posted flyer titled "Black Sheep No More."
 

It's Freedom, Stupid
Submitted by: Anonymous

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Several years ago at a Board meeting of the ACU, an official from the White House asked to present the Administration's plan on immigration. At the conclusion of the Bush aide's presentation, someone asked the question: "Why did the President denounce the Minutemen as "vigilantes?" The aide's reply was both instructive and disappointing. He simply said, "Because they weren't authorized."

Today's Republicans are really reconstructed Tories, defending the status quo from on-high on the firm belief that power flows downward. True American conservatives have always believed individual Americans rule their government, the government does not rule the people. The Constitution is a check on government, not the people.
 

Stakes high as court hears case on gun rights versus control
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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... "Gun rights versus gun control is at issue in District of Columbia vs. Heller, and the societal stakes are enormous. The actual case to be heard questions the validity of a total ban on handguns in Washington, D.C. Last Friday, Albany County District Attorney David Soares added his name to a who's who list of district attorneys from around the country whose jurisdictions represent 27 million Americans. In a brief to the court, the DAs are adamant that the justices see those words as a collective and not an individual right."

"Because if the court does render an NRA-friendly judgment that the words are pretty much what they say, that an individual has the guaranteed right to keep a pistol at home for personal use, then a tsunami of test cases can be expected across the country that will crash over existing state and local gun control laws." ...
 

Goofball thinks limiting magazine capacity would "save lives"
Submitted by: Dustin
Website: http://dustinsgunblog.blogspot.com/

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"Zachary Kurpias thinks limiting magazine & revolver capacity to 4 rounds would save lives. There are more holes in his argument than the last target I used at the gun range."

" 'We can reduce the level of fear in America.' "

"Start with yourself, since you appear to have a severe case of hoplophobia. It would make much more sense for you to fear the criminal rather than his gun. To reduce your fear of criminals you should support legislation that puts criminals where they belong, behind bars, and I don't mean for 6 months followed by 5 years of probation. Even better, get yourself some self defense training and good tools to have for your own defense." ...
 

MA: Battle in Boston over whether or not cops accused of domestic violence should be allowed to carry firearms
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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“A police officer should not carry a gun after an allegation of domestic violence.” With that astoundingly logical statement, Boston Police Commissioner Ed Davis last week made clear that a cop accused of smacking his wife or her husband around ought not be carrying a gun while the incident is investigated. Other than union leadership, we’re hard-pressed to think of anyone who might disagree. Ah, but as if on cue, a lawyer for the Boston Police Patrolmen’s Association steps up to play the “now hold on just a second” role.
 

American student studying in Paris promotes gun control back home
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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Last quarter I left the United States to study abroad in Paris. To my surprise, this experience taught me as much about our red, white, and blue as it did about theirs, pâté de foie gras notwithstanding. Traveling creates distance, and distance creates perspective. Viewed from afar, America’s hustle and bustle appears remote; only her greatest excesses cause a loud enough outcry to echo across the ocean. The news that reaches the ex-pat is the Big News; the events that unsettle their nostalgia must be enormous. So what was the news from home? It was bad news. More specifically, it was murder.
 

A Friend's Murder, A Landmark Case
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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In the February issue of Conde Nast Portfolio, I wrote about an upcoming Supreme Court case that could effect everyone. Are gun bans constitutional? After an incredible 70 years of more or less ignoring the gun issue, the Courts is going to take up the District of Columbia's near total ban on handguns. My take? I think the ban is draconian, ineffective. But I hope they leave it in place. Who decides is as important as what's decided and I hope the District gets to keep its ban, no matter how ill conceived.

KABA QUESTION: If the DC handgun ban is "draconian and ineffective" but we should "leave it in place," does this mean that we need more draconian and ineffective laws, too?
 

Bloomberg's Anti-Gun Survey Ignored
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"It's likely the presidential hopefuls are paying considerable attention as to whether Mayor Bloomberg (and his billions) will formally get into the '08 race. But when it comes to the mayor's personal crusade against illegal guns, they're not nearly so concerned, which makes sense - why give a guy who's already getting plenty of free media without announcing his intentions any more press?"

"Whatever the reason, Bloomberg got no takers on his call for the candidates to answer questions from his Mayors Against Illegal Guns group, even though he spent $22,203 on full-page ads in early-voting state newspapers - the Des Moines Register and the New Hampshire Union-Leader - to tout the survey." ...
 

State v J.T. Smith, "the second article of the amendments of the Constitution of the United States", July, 1856
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"...The statute against carrying concealed weapons does not contravene the second article of the amendments of the Constitution of the United States..."

"...The arms there spoken of are such as are borne by a people in war, or at least carried openly. The article explains itself. It is in these words: "A well regulated militia being necessary to the security of a free State>,< the right of the people to keep and bear arms shall not be infringed." ..."

"...Notice how THIS state court seems to recognize the SUPREMACY of the United States Constitution concerning our Right?"
 

GA: 1,000 women at self-defense seminar taught the "best weapon" is "your voice"
Submitted by: Newslinks Admin

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NOTE: This is taking place in Georgia but could happen anywhere.
-------
"The murder of Meredith Emerson has a lot of women looking for ways to defend themselves against possible attackers."

"More than 1,000 women showed up Monday night for a seminar on self-defense in Duluth."

"Monday night's seminar was the third held, and the crowds continue to swell." ...

"The self-defense instructors from Atlanta Budokan showed off what to do if you are grabbed -- if you can, fight, kick, and use what they said is your best weapon -- your voice. But the bigger message -- awareness. Avoiding situations where you can become a victim." ...
 

State v. Jumel, "The statute in question does not infringe the right of the people to keep or bear arms. It is a measure of police...", 1858
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"...The defendant and appellant was indicted on the 29th April, 1856 for having, on the 17th September, 1855, carried a weapon concealed about his person...."

"...I. It is urged that the law is repugnant to that provision of the Constitution of the United States which declares, that the right of the people to keep or bear arms shall not be infringed. Amendments, art. 2.

"The statute in question does not infringe the right of the people to keep or bear (p.400)arms. It is a measure of police, prohibiting only a particular mode of bearing arms which is found dangerous to the peace of society...."
 

 QUOTES TO REMEMBER
"Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004)

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