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Newslinks for 1/31/2007

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A Day Without Guns ...
Submitted by: Anonymous

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"Twenty years ago, the Florida Legislature cravenly decided to allow 'law abiding' citizens to carry concealed weapons merely by declaring their preference for self-defense. Then last July, at the prodding of the gun lobby, the current crop of state lawmakers proved they could be even more corrupt and cowardly than their predecessors by deciding to make the list of gun-toting Floridians a secret."

"Fortunately, a local newspaper has given residents of the state a final look at their representatives' gruesome handiwork."
 

Dr. Lott: New York Times attacking Florida's Right-to-Carry Laws
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

Picking up on articles in two Florida newspapers the New York Times goes after concealed handgun laws. This editorial is very deceptive in that it implies that felons are obtaining permits. But these individuals were not convicted of "felonies." Florida judges have the power to take a plea, impose probation (without entering a conviction) and once the person completes that, "withhold conviction." These individuals are eligible for a permit because they were not convicted of anything. If the cases are as horrible or the evidence as clear as you claim, why are the judges withholding convictions? Second, I talked to a Mary Kennedy with Florida's licensing department and she confirmed for me that only one person last year lost his permit for any firearms related violation. That is 1 out of 410,000 permit holders. See my similar discussion here.
 

NYTimes Reveals Distrust of 'Law Abiding' Citizens
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The New York Times thinks you are a criminal if you own a gun. The editorial writers at the Times simply don't believe that you could possibly be a law abiding citizen if you are interested in self defense, their most recent anti-gun piece reveals."

"Their January 30th piece, incongruously titled 'A Day Without Guns ...' -- incongruous because the piece itself does not address any such subject as a day without guns -- cannot be interpreted too many other ways than contempt for both the citizenry as well as the Constitution." ...
 

Rep. Ron Paul: Running to Win in 2008
Submitted by: Bruce W. Krafft

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"Libertarians and conservatives alike, frustrated by their early options among the so-called 2008 front-runners, may turn to a familiar face in pursuit of the White House: Rep. Ron Paul."

"Paul, R-Texas, has been a fervent advocate of limited constitutional government ... He's now considering taking his no-nonsense show on the road in an under-the-radar run for the White House." ...

"Gun Control"

"'Tortured interpretations of the Second amendment cannot change the fact that both the letter of the amendment itself and the legislative history conclusively show that the Founders intended ordinary citizens to be armed. The notion that the Second amendment confers rights only upon organized state-run militias is preposterous; the amendment is meaningless unless it protects the gun rights of individuals.'" ...
 

Let's Truly Prevent Violent Crime
Submitted by: Bruce W. Krafft

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"Determining effective solutions to the violence, which threatens our communities requires real honest efforts to keep us safe. Cosmetic answers to complex problems might present the allusion of safety, yet more suitable solutions to ending violence are required. Guns have been epitomized as the culprit to disorder in society. This shallow explanation for the causes of social disorder has blinded many people from the truth. Stricter gun-control laws will ultimately fail in reducing crime. As a committed educator I am fully aware that the proper guidance of our children, and the acceptance of personal responsibility for our individual actions provides the soundest solution to addressing all forms of violence pervading our communities." ...
 

AR: Man kills alleged intruder
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"A man wanted for questioning about a shooting death and an apparent burglary attempt is free after the Marion County Sheriff's Department decided not to detain him after he turned himself in."

"Joe Kelley, a 71-year-old Peel resident, was asleep recovering from heart surgery Friday when he woke to sounds at his front door ..."

"Kelley said he found a man in his hallway and shot him with a 12-gauge shotgun, according to the report."

"... police found Travis Morrison ... dead on the floor of Kelley's home late Friday night. Marion County Sheriff Carl McBee reported Kelley told police he was 'scared to death' when he shot the intruder."

"Kelley was not detained because the shooting death was the result of apparent self-defense ..." ...
 

OK: Former Athlete Killed In Home Invasion
Submitted by: Bruce W. Krafft

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"Oklahoma City police were called to an apartment ... about 8:30 a.m. Saturday. Police were responding to a 'home-invasion' call."

"When they arrived they found 33-year-old Richard Dean dead ..." ...

"Police say 17-year-old Brandus Clayton shot Dean after he had broken into his apartment, demanding money and jewels." ...

"Dean became mad and assaulted the female, according to authorities. The 17-year-old victim then reached for a firearm kept close by and shot Dean, according to reports." ...

"Clayton was interviewed by police at the scene, but was not arrested because he acted in self-defense."

"The shooting is still under investigation. The Oklahoma County District Attorney's Office will decide if charges should be filed."
 

IL: Woman released; no charges in OL shooting
Submitted by: Bruce W. Krafft

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"An Oak Lawn woman who shot and killed a 48-year-old man at her home was arguing with him about who should pay for her daughter’s braces moments before she fired, police said today."

"The 51-year-old woman walked free Tuesday after Cook County state's attorneys decided she might have acted in self-defense and therefore will not be prosecuted."

"Juan Miranda, 48, was shot six times about 8 a.m. Sunday in the basement at her home ..."

"The woman — who filed a domestic abuse complaint against Miranda last year and obtained a protection order against him in 2002 — said she had fired to save her own life ..."

"'She said they were arguing ... when he tried to choke her,' Raspovich said." ...
 

OH: Security firm sued in Toledo Jeep plant shooting (BFA)
Submitted by: Bruce W. Krafft

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"Last week, the Toledo Blade reported that an employee who was wounded during a shooting rampage two years ago at DaimlerChrysler AG's Toledo North Assembly plant has filed a lawsuit in federal court against the facility's security firm." ...

"As I wrote at the time of this incident, when companies prohibit employees who have Concealed Handgun Licenses (CHLs) from bringing their protection on company property, they explain by way of making a lot of promises."

"They say without the prohibition, there is a risk of misuse, poor judgment or accident by license-holders."

"They say the prohibition will make a safer work environment."

"They say the prohibition makes the company 'weapons-free'."

"The Jeep plant in Toledo, Ohio was none of those things Wednesday night, January 26, 2005." ...
 

CO: No need to expand home-intruder law
Submitted by: Bruce W. Krafft

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"Colorado already has two laws that protect crime victims who use deadly force to protect themselves. That's why a controversial proposal dubbed the 'Make My Day Better' bill is unnecessary and potentially troublesome. ..."

"The legislation ... would expand the current home-intruder law to include people who feel threatened by another person while in their cars and businesses. It creates the 'presumption' that the person in the house or car or business 'has a reasonable fear of imminent death or serious bodily injury' to themselves or others."

"Current law places the onus on home occupants to prove they were in fear of their lives. Gardner's bill places the burden on police and prosecutors to prove they weren't. That's preposterous." ...
 

FL: License to Carry: A Sun-Sentinel Investigation
Submitted by: G. Hughes

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"Concealed weapons program often a revolving door as licenses lost then regained" ...

KABA Note: The paper complains that people regain their permits after they are exonerated.

"Records put gun statistics in doubt" ...

"Errors, weak laws keep concealed weapons in questionable hands around Florida" ...

"Investigation reveals criminal pasts of those toting guns" ...
 

IA: 2 students face expulsion over gun incident
Submitted by: Bruce W. Krafft

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"Two students will be expelled from the Keokuk School District, the result of a weapon being found in their possession at Keokuk High School Monday."

"Freshmen Dillon L. Howell, 14, and Derrick J. Huston, 14, both of Keokuk, face charges of unauthorized possession of an offensive weapon and carrying weapons on school grounds, each a Class D felony. ..."

"Keokuk High School is a weapons free zone and enhancements can be filed in addition to the charges." ...

"Galbreath and high school officials contacted one of the teens and discovered a small handgun in his possession. The other teen had brought the handgun to school and had given him the gun." ...
 

Rudy's gun policy on target
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The Republican leading Rudy Giuliani's New Hampshire campaign said he thinks the 2008 presidential hopeful will be an 'easy sell' - and that the ex-mayor 'satisfied' him that he won't support federal assault-weapons bans, as he has in the past."

"'I'm satisfied that he believes there's no need for any additional gun laws, that's for sure,' Wayne Semprini told The Post yesterday."

"As mayor, Giuliani supported the federal ban ... and other gun-control programs."

"Semprini, who lives in a state where the right to bear arms is a major issue, said, '... he was running the largest city in the country, where there were upwards to 2 million illegal guns floating around in that city, and he wanted to get the crime situation under control.'" ...
 

UT: Lawmakers look to (mostly) expand Utahns' gun rights
Submitted by: Bruce W. Krafft

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"Lawmakers are taking aim at gun rights this session with several bills — including one to allow Utahns to carry concealed weapons without permits in the event of a declared emergency and another to limit guns at the University of Utah."

"The lawless aftermath of Hurricane Katrina in 2005 inspired Sen. Mark Madsen, R-Lehi, to propose a bill giving Utahns the right to carry guns in a state of declared emergency even without a permit."

Although the language of SB201 is still being drafted, Madsen said his intent was to allow 'people left to fend for themselves' to carry their weapons anywhere they feel is necessary in the event of what he termed a serious breakdown in police services." ...
 

AR: Committee Hearing for Vital Arkansas Second Amendment [Castle Doctrine] Legislation Rescheduled (NRA-ILA)
Submitted by: Bruce W. Krafft

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"The Arkansas State House Judiciary Committee hearing for House Bill 1027 [.pdf version] has been rescheduled for Tuesday, February 6 at 10:00 A.M. in room 149."

"HB1027, the 'Castle Doctrine' self-defense bill, simply states that if a criminal breaks into your home, your occupied vehicle or your place of business, you do not have a 'duty to retreat.' The bill also provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack."

"Please take the time to attend the hearing and show your support. There will be a rally at 9:30 A.M. in the State Capitol Rotunda." ...
 

CO: Bill closing gun-permit loophole gets early OK
Submitted by: Bruce W. Krafft

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"Coloradans who want to carry concealed handguns could no longer get mail-order permits from other states under a bill that won initial approval Monday."

"The legislation would close a loophole that allows Coloradans who don't want to work through their local sheriff to get permits elsewhere ..."

"The Colorado Springs Democrat said law enforcement officers don't have the authority to yank the permits if they are issued by another state. 'To me, that's common sense,' Morse said."

"Front Range Community College president Karen Reinertson told the Senate Judiciary Committee that a student with a Florida concealed weapons permit was suspended for two semesters when fellow students saw the handle of his .40-caliber Glock in a hip holster." ...
 

GA: Pair of gun bills shoot through committee
Submitted by: Bruce W. Krafft

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"Two bills meant to beef up protections for Georgia's gun owners passed committee Monday and will move on for debate in the state House of Representatives."

"House Bill 6 makes it illegal for law enforcement to seize a law-abiding person's gun during an emergency situation, such as a flood. It also removes the governor's power to suspend the transportation or sale of firearms in such a crisis."

"And House Bill 89 would make it legal to hide a gun anywhere in a vehicle, clarifying a law that currently requires the gun to be fully visible or in a glove box or console. Under this new law, a driver could keep their gun under their seat, for example, said state Rep. Tim Bearden, who is sponsoring the change." ...
 

The Stearns/Boucher Right-to-Carry Reciprocity Bill (NRA-ILA)
Submitted by: Bruce W. Krafft

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"H.R. 226, introduced by U.S. Representatives Cliff Stearns’ (R-Fla.) and Rich Boucher (D-Va.), would allow any person with a valid concealed firearm carrying permit or license, issued by a state, to carry a concealed firearm in any state, as follows: In states that issue concealed firearm permits, a state’s laws governing where concealed firearms may be carried would apply within its borders. In states that do not issue carry permits, a federal 'bright-line' standard would permit carrying in places other than police stations; courthouses; public polling places; meetings of state, county, or municipal governing bodies; schools; passenger areas of airports; and certain other locations. ..." ...
 

MT: Critical Pro-Gun Legislation Pending in Montana State Legislature (NRA-ILA)
Submitted by: Bruce W. Krafft

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"On Wednesday, January 31, the Senate Judiciary Committee will be taking up Senate Bill 309, the NRA-supported 'Emergency Powers' measure, designed to prohibit police from confiscating lawfully possessed firearms in Montana during a declared state of emergency."

"It is vital that NRA members contact the members of the committee to encourage their support when it comes before them for a vote. You can call the Legislative Call Center at (406) 444-4800 or leave an online message at the Electronic Message prompt at www.leg.mt.gov." ...
 

KS: Senator seeks gun law consistency
Submitted by: Bruce W. Krafft

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"A law that gives Kansans the right to carry concealed weapons needs protection from local governments that are passing ordinances adding their own restrictions on gun owners, a state senator says."

"A bill proposed by Sen. Phil Journey, R-Haysville, would prohibit cities from placing additional regulations on the state's concealed carry law passed in 2006. The bill also would void any regulations already passed by cities regarding concealed carry within their jurisdictions."

"Journey said he proposed the bill because rules regulating the concealed carry of guns should be consistent, regardless of location." ...
 

Address to the People of the State of New York, On the Subject of the Proposed Federal Constitution, By The Hon. John Jay, 1788
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"...These points being agreed, they proceeded to consider how and in what manner such a government could be formed . . . and, on the other, be perfectly consistent with the liberties of the people of every state. Like men to whom the experience of other ages and countries had taught wisdom, they not only determined that it should be erected by, and depend on, the people, but, remembering the many instances in which governments vested solely in one man, or one body of men, had degenerated into tyrannies..."

"...called bills of rights, that certain enumerated rights belonged to the people, and were not comprehended in the royal prerogative. But, thank God, we have no such disputes...."
 

Duncan Hunter: Amnesty for Border Patrol Agents
Submitted by: Bruce W. Krafft

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"U.S. Rep. Duncan Hunter, R-Calif., who may seek the GOP nomination for president in 2008, has called for a congressional pardon of two U.S. Border Patrol agents convicted of federal offenses in the shooting of a Mexican drug smuggler."

"The two agents ... have been the subject of a general hue-and-cry over their fate in the media, the blogs, and on Capitol Hill that has been heard loud and clear at the White House." ...

"In the final analysis, prosecutors were able to illustrate to the jury that Aldrete-Davila did not have a gun; that the agents could not have known at the time (before the search of the van) that he was a drug smuggler; and that the agents had not obtained the permission of their seniors to pursue ..." ...
 

AL: Trial begins for former police officer charged with murder
Submitted by: Bruce W. Krafft

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"The trial of a former Owens Cross Roads police officer charged with murder started Monday in Huntsville."

"It was also Richard Young's arraignment." ...

"Young is charged in the shooting death of Anderton, of New Hope."

"Young, a former Owens Cross Roads police officer, was off duty at the time and claimed the shooting was in self-defense as a result of an attack."

"When jury selection is over, the trial will resume and they will ultimately decide if he is guilty or not."

"Of course, Young is innocent until proven guilty."
 

NJ: Another cop hit with DWI
Submitted by: Bruce W. Krafft

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"Another Jersey City police officer has been caught driving drunk, authorities said yesterday."

"Jersey City Police Officer Thomas G. Porter, 47, of Toms River, was arrested Sunday night and charged with driving while intoxicated following a motor vehicle accident in his hometown, police said."

"Porter, an 18-year member of the force, was off-duty at the time and no one was injured in the accident, police said."

"Porter apparently drove his Ford pickup into the side of another vehicle as he entered the parking lot of Toms River restaurant, police said." ...

"Police at the scene said Porter's blood alcohol level surpassed the .08 percent legal limit, but did not give the exact level." ...
 

NJ: For Crash Cop, A Sobering Day
Submitted by: Bruce W. Krafft

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"The Jersey City cop accused of being drunk and causing a car wreck that killed a 2-year-old boy on the Pulaski Skyway last week was bailed out yesterday by his father, a retired police officer, who put up his $550,000 home as collateral.

"Jose Carlo Zelaya died Saturday night, four days after the wreck that also left his 37-year-old mother, Ruth Zelaya, in critical condition at the Jersey City Medical Center."

"On Sunday, prosecutors added aggravated manslaughter to the charges against Jersey City Police Officer Kevin Freibott, 39, but the cop - who has been suspended without pay - could not be found at his Red Bank home to be re-arrested, police said." ...
 

MI: Fatal shooting settled
Submitted by: Bruce W. Krafft

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"A $650,000 settlement was accepted Monday ... to end a lawsuit against Michigan State Police and a trooper who fired a shot causing a fatal leg injury to an 18-year-old woman who led police on a high-speed chase three years ago."

"The lawsuit was brought by the family of Jesalynn Simons in 2004, claiming the shooting that took her life was not justified. ... Judge Timothy P. Pickard rejected a motion to dismiss the case based on a claim the trooper acted in self-defense."

"That was not what he saw on a video from a patrol car camera, Pickard said ..."

"'I reviewed the tape and I can't make that finding. I'm not going to make that finding. Nor do I believe that the shooting was in self-defense,' Pickard said." ...
 

AZ: Why Does Cactus Country Love Concealed Carry?
Submitted by: Bruce W. Krafft

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"This past July, employees of the Maricopa County, Ariz., Attorney's Office—prosecuting attorneys, paralegals, detectives and support staff—began filling up Right-to-Carry classes in an initiative offered by their office. Believed to be the first program of its kind in the nation, the Maricopa County Attorney’s Office adopted a strategy in early 2006 to actively assist workers in acquiring Right-to-Carry permits, thus acquiring the ability to better protect themselves from violent criminals." ...

"Thomas, who was elected in 2004, says he made it a priority to research and implement such a program due to the risks inherent in his employees' chosen occupation." ...
 

CT: Anti-Gun Campaign Comes To Newhallville
Submitted by: Bruce W. Krafft

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"Gun crimes are back on the rise in Connecticut, but new momentum -- and newly elected legislators -- offer hope of tackling strengthening gun laws, this suburban mom from Trumbull said as she brought a statewide campaign to Newhallville."

"Lisa Labella (pictured) was galvanized after the Columbine shootings to try to stop gun violence in schools. But ... she soon realized she was worried about the wrong thing."

"'I was worried that my kid could go to school and not come home ... the reality is that six to nine kids die every day from one on one incidents of gun violence, often in their communities.'" ...
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KABA Note: Of course as we all know, that kids per day figure includes "kids" up to age 19. Limiting it to actual children (13 and under) lowers the number to less than one 'gun death' per day.
 

RI: Give them a shot
Submitted by: Bruce W. Krafft

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"You hear about it all the time. Every day, people walk into reputable gun shops, purchase all sorts of dangerous weaponry, and shoot up whomever happens to be nearby. When D&L Shooting Supplies was just by Lippitt Elementary school in Warwick, kids were getting shot on a daily basis. So we can certainly expect the same now that it's moving near Robertson Elementary."

"From the outrage expressed by some parents, you'd almost think the paragraph above was in some way true. Fortunately, that's not remotely the case."

"We don't mind parents wanting to provide a safe scholastic environment for their children. But the protests about D&L's relocation make little sense." ...
 

NY: Judges facing backlog in Ulster
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"As Ulster County awaits the appointment of a new state Supreme Court justice, the court caseload isn't all that's piling up."

"County Surrogate's Court Judge Mary M. Work said pending pistol permit applications have been mounting because only two judges are now processing them, down from four three months ago." ...
 

Initiation of a Meat Hunter - Part 2 of 3
Submitted by: Jennifer Freeman
Website: http://www.libertybelles.org

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"After two weeks in the field, I woke up Saturday morning to a light fog and debilitating, painful muscles from the previous days hunt. It had been a very hot, dry first couple of weeks of the hunting season so the cool fog was a welcomed change. The elk will probably be on the move also enjoying the cooler temperatures and dew on the vegetation. My camp overlooked one of my favorite hunting spots. Usually, if I could hear elk bugling in the meadow I would be able to circle the mile around them through timber and catch them in time just as they were leaving their bedding area. Unfortunately, I heard no elk that morning. ..." ...
 

 QUOTES TO REMEMBER
The gun gives boldness, enterprise, and independence to the mind. Let your gun, therefore, be the constant companion of your walks. — Thomas Jefferson

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