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Newslinks for 11/21/2007

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SAF Excited About Supreme Court Review of Heller Case
Submitted by: Bruce W. Krafft

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"For the first time in United States history, the Supreme Court will hear a case that should, once and for all, decide the meaning of the Second Amendment to the Bill of Rights, and the Second Amendment Foundation could not be happier."

"'We are confident that the high court will rule that the Second Amendment affirms and protects an individual civil right to keep and bear arms,' said SAF founder Alan M. Gottlieb. 'Previous Supreme Court rulings dating back more than a century have consistently referred to the Second Amendment as protective of an individual right, but the case of District of Columbia v. Heller focuses on that issue, and we expect the court to settle the issue once and for all.'" ...
 

Red flag on guns
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"By his own account, Arthur H. Bremer didn't try to kill presidential candidate George Wallace in 1972 because of Wallace's history of virulent racism. Bremer in warped fashion wanted attention, according to his diary. He had stalked President Nixon as well."

"Bremer was released from a federal prison this month, after serving 35 years. ... The episode still highlights the value of taking precautions to prevent people who show signs of mental illness from buying firearms. No such precautions were taken in Bremer's case."

"Four months before the attempt on Wallace's life, Bremer shot into the ceiling of a shooting range, was arrested and underwent a psychiatric evaluation. ..." ...
 

Supreme Court takes up gun rights case
Submitted by: Bruce W. Krafft

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"The Supreme Court has agreed to decide whether Washington, D.C.'s strict ban on handguns is constitutional ... adding a volatile issue to the ongoing presidental campaign."

"For gun-rights advocates, today is a red-letter day, one they've been waiting for decades."

"'I'm on cloud nine,' said Alan Gottlieb of the Second Amendment Foundation ..."

"Gottlieb has reason to be optimistic. ... [The court's] conservative majority may be inclined to make an emphatic statement about gun ownership as an individual right. And, as Gottlieb points out, the worst-case scenario -- a statement from the high court denying that such a right exists -- would galvanize the gun lobby and its supporters into furious political action during an election year." ...
 

After Years of Allowing Gun Control, Supreme Court Decides to Hear Appeal of D.C. Ban on Handguns
Submitted by: Bruce W. Krafft

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"In what is expected to be a decision that will have significant political impact in an election year, the Supreme Court announced on November 20th that it would hear an appeal by the District of Columbia to the striking down of its ban on handguns."

"The announcement represents the potential, given that there are four Federalist Society pro-NRA justices on the Court ... that for the first time in United States history the Supreme Court may declare an individual – as distinct from collective right – to own firearms."

"Lost in the legal arguments, as GunGuys has pointed out on numerous occasions, is the reality that even a ban on handguns does not restrict the right of a person to own other firearms. ..." ...
 

Supreme Court Will Hear D.C. Handgun Ban Case (BFA)
Submitted by: Bruce W. Krafft

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"The Supreme Court of the United States (SCOTUS) has agreed to hear a case that will decide whether the District of Columbia can ban handguns - a move that could produce the most in-depth examination of the constitutional right to 'keep and bear arms' in nearly 70 years."

"In a brief, one sentence order, the Court agreed to decide the following issue:"

"Whether the following provisions, D.C. Code ... violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?"
"Of additional interest, the SCOTUS apparently did not agree to hear Shelly Parker's attempt to remain a party in the case ..." ...
 

Statement Of Brady President Paul Helmke On Supreme Court Taking Gun Case
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Paul Helmke, President of the Brady Center to Prevent Gun Violence, issued the following statement:"

"'By agreeing to hear the appeal by the District of Columbia in the Parker/Heller case, the U.S. Supreme Court has the chance to reverse a clearly erroneous decision and make it clear that the Constitution does not prevent communities from having the gun laws they believe are needed to protect public safety.'" ...
-------

KABA Note: Interesting that Paul doesn't argue that gun laws are needed for safety, but that the mere belief that the laws are needed should suffice.
 

Firearms Industry Applauds Supreme Court Decision to Hear Second Amendment Case
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"The National Shooting Sports Foundation (NSSF) -- the trade association of the firearms industry -- applauded the decision by the United States Supreme Court to determine authoritatively whether the Second Amendment of the U.S. Constitution provides an individual right to keep and bear arms." ...
-------

KABA Note: The Bill of Rights provides nothing, it protects rights which exist independent of any governmental power or authority.
 

Second Amendment Scholar and Documentary Producer Hails Supreme Court Decision
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"The Supreme Court decided today to review a decision striking Washington D.C.'s handgun ban as unconstitutional. The last time the Court addressed right to arms was in 1939, in United States v. Miller."

"'The Miller ruling was ambiguous,' said David T. Hardy, attorney and producer of the documentary 'In Search of the Second Amendment.' 'For one thing, only the government filed a brief; Miller had no money for an attorney. For another, the opinion was written by Justice McReynolds, who was not only a racist, misogynist, and anti-Semite – he was also a terrible legal thinker.'" ...
 

SCOTUS Decision To Review District of Columbia Ban Comes At Crucial Moment
Submitted by: Randall Walker

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"For years my colleagues and I have debated this issue and asked ourselves the following question: Did we really want the Supreme Court to consider the meaning of the Second Amendment. The answer was yes, but no. We had a qualifier. 'No, not at this time.' It was a response to, first, knowing that a court case can go either way -- there is no such thing as a slam dunk; and second, worrying about the composition of the Court. There has never been a day that I felt, given the facts, that a thinking court would disagree with the words the Framers put on parchment. I want to believe the high court will confirm what many Americans know the Framers intended, that their words meant something. That an individual right means just that ..." ...
 

A Liberal Case for Gun Rights Sways Judiciary
Submitted by: Bruce W. Krafft

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"In March, for the first time in the nation’s history, a federal appeals court struck down a gun control law on Second Amendment grounds. Only a few decades ago, the decision would have been unimaginable."

"There used to be an almost complete scholarly and judicial consensus that the Second Amendment protects only a collective right of the states to maintain militias. That consensus no longer exists — thanks largely to the work over the last 20 years of several leading liberal law professors, who have come to embrace the view that the Second Amendment protects an individual right to own guns." ...
 

Supreme Court Agrees to Hear Gun Control Case
Submitted by: Anonymous

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"The Supreme Court announced today that it would l decide whether the Constitution grants individuals the right to keep guns in their homes for private use, plunging the justices headlong into a divisive and long-running debate over how to interpret the Second Amendment’s guarantee of the 'right of the people to keep and bear arms.'"

"The court accepted a case on the District of Columbia’s 31-year-old prohibition on the ownership of handguns. In adding the case to its calendar, for argument in March with a decision likely in June, the court not only raised the temperature of its current term but inevitably injected the issue of gun control into the presidential campaign." ...
 

Threat of Handgun Ban Repeal Puts Lives of DC Residents in Supreme Court Balance
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Following today’s announcement that the U.S. Supreme Court will hear the appeal of the decision in Parker, et al v. the District of Columbia overturning on Second Amendment grounds the District of Columbia’s handgun ban, the Violence Policy Center released the following statement:"

"'The earlier split decision by the Court of Appeals to overturn the District of Columbia’s handgun ban was not only contrary to the overwhelming weight of legal authority, but would certainly increase gun death and injury among District residents while also increasing the risks faced by the law enforcement personnel who protect all residents and workers in Washington, DC.'" ...
 

Bang! Supreme Court turns Election 2008 into open season on gun-control issue
Submitted by: Bruce W. Krafft

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"Gun control has been a simmering, back-burner issue in American politics for years -- deeply important to relatively small few on either end of the question but not an animating concern for many voters."

"Polls show gun policy ranks low on the list voter concerns -- 15th in a CNN/Opinion Research Corporation Poll taken in May-- in part because law and policy changes have been incremental and a certain dynamic has held as local gun laws have tended to mollify all but the most engaged and mainstream Democrats and Republicans have staked out moderate, compromise positions for and against tough restrictions on gun ownership." ...
 

Paul Helmke: The Most Significant Second Amendment Case In History
Submitted by: Bruce W. Krafft

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"Last March, the District of Columbia saw judicial activism replace the will of the people."

"Today, with news that the U.S. Supreme Court has taken the appeal of DC v. Heller, the Justices can set things right." ...

"If the Justices read all 27 words of the Second Amendment and give them meaning; if they respect the right of the people to enact their own strong gun laws, as we have throughout American history; and, if the Justices reject judicial activism and refrain from substituting their own policy preferences for the people's elected representatives, then the District of Columbia will prevail. And so will the American people." ...
 

Supreme Court to Hear DC Gun Ban Case (OFCC)
Submitted by: Bruce W. Krafft

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"It's official. Everyone in the pro-gun rights community as well as the anti-gun rights community were confident that the U.S. Supreme Court would review the Heller (formerly Parker) appellate case."

"While nothing is guaranteed, the current court may be the best environment possible for firearm owners to finally have a Supreme Court verdict for what sensible people have known for 230 years, that the Second Amendment to the U.S. Constitution provides an individual right of the people to keep and bear arms, and that that right shall not be infringed." ...
 

WA: West Valley Burglar Shot By Homeowner
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"A Yakima homeowner stopped a burglary by shooting one of the suspects in the arm ..."

"'That's the wrong guy (victim) to be burglarizing, he's real nice guy but he's a big guy,' said the victim's neighbor ..."

"Police said the homeowner caught two men inside his home ... when he noticed an unfamiliar car in his driveway and the door to his home open."

"The homeowner grabbed a gun and when he walked inside his home he claims the suspects were trying steal his guns. The homeowner said he shot one of the burglars in the arm when he noticed the suspect had a shotgun in hand."

"The victim held them at gun-point until police got there."

"The suspect who was shot is just 17."

"The other suspect is an adult and didn't get hurt."
 

GA: Homeowner sends burglars to hospital
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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FULL TEXT BELOW:

Investigators say two armed burglars invaded a home Friday night around 8:30pm on the 3000-block of Tate Rd.

A struggle occurred between the homeowner and one of the men. The homeowner was shot in the arm, but was able to get the gun away from the burglars to shoot back.

The two burglars drove themselves to the hospital where they were arrested.

The two men have been identified as Montrelle Teasley and Marcus Turner. Both will be charged with armed robbery, burglary, aggravated assault, and possession of a firearm during a crime.

Teasley is a juvenile, but will be charged as an adult.
 

AZ: Police apprehend suspect at veterinary clinic
Submitted by: Bruce W. Krafft

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"Phoenix police apprehended a robbery suspect who briefly held employees of a 24-hour emergency veterinary clinic hostage early Monday morning."

"Anthony Gary Basile, 19, was found hiding in the building hours after the standoff began. He was taken into custody without incident ..."

"... Basile was arrested on suspicion of armed robbery, kidnapping, drug possession and animal cruelty."

"Basile entered the clinic ... around 2 a.m. demanding drugs and money, police said. ... he was armed with a handgun and covered his face with a bandana. At least one of the five employees inside was able to exit the building immediately." ...
-------

Submitter's Note: According to someone in the area the clinic has a big NO FIREARMS sign at the entrance.
 

Giuliani's gun control do-over
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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FULL TEXT BELOW:

Rudy Giuliani was the first campaign to react to the Supreme Court's decision today to hear the challenge to D.C.'s handgun ban.

The former New York mayor said the justices should side with the lower court ruling that struck down part of the D.C. law.

"I strongly believe that Judge Silberman's decision deserves to be upheld by the Supreme Court. The Parker decision is an excellent example of a judge looking to find the meaning of the words in the Constitution, not what he would like them to mean," Giuliani said.

It'll be interesting to see how this plays out for Giuliani, who as mayor frequently found himself joining with the gun control advocates he now is opposing.
 

Giuliani Says He's 'Originalist' on Constitution
Submitted by: motoboy

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"Former New York Mayor Rudy Giuliani ... told the conservative Federalist Society on Friday that he shared its belief in an 'originalist' interpretation of the Constitution. Noting his views on gun control and abortion, however, some in attendance took issue with Giuliani's claim." ...

"John Lott, author of 'More Guns, Less Crime' told Cybercast News Service he was disappointed he did not have the opportunity to ask Giuliani questions."

"'He talks about how it's an abuse of the legal process for people to bring suits that try to accomplish public policy goals,' said Lott."

"'So I wanted to ask him about his suit against gun manufacturers. He has talked about how this suit has morphed into something he disagreed with and I wanted him to be specific ...' he added." ...
 

JPFO Alert: A Personal Message from Aaron Zelman
Submitted by: Red's Trading Post Inc.
Website: http://www.redstradingpost.com

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"I have before me an article in which the Anti-Defamation League's "Assistant Director of Civil Rights", Steven Freeman is attempting to take Republican Congressman -- and dark horse Presidential Candidate -- Ron Paul to task for receiving a small campaign contribution from an otherwise obscure individual who turns out to run a white supremist website."

"Aside from noting that, rather like the American Civil Liberties Union, the ADL's devotion to civil rights is rather hypocritically selective -- for example, they can't abide the rights guaranteed by the Second Amendment, and can barely tolerate anyone who employs his or her right to free speech in order to defend the private ownership of weapons -- there are one or two questions this sudden concern evokes." ...
 

Mayor Becomes Entangled by Gun Lawsuits
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"After picking a legal fight with gun dealers down South, Mayor Bloomberg could soon come under fire in courtrooms in South Carolina and Georgia."

"Two recent court rulings — one from yesterday — suggest that Mr. Bloomberg may want to reserve a few days on his calendar next year in case he is called to face a jury over allegations that he defamed two gun dealers by speaking ill of them in the press."

"'He's going to get a reception that's very different than the one he gets from his handpicked audiences across the country,' ... 'Jurors here are not likely to believe in gun control or appreciate some outsider coming into their jurisdiction and telling their businesses how to operate.'" ...
 

He still needs to be prosecuted
Submitted by: Bruce W. Krafft

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"Fact of the matter is New York Mayor Michael Bloomberg, in his frothing zeal for attention, broke the law when he facilitated straw purchases of firearms. Now he could be sued for defamation. It's a good start, but the petty, self-serving little weasel is rich enough to pay whatever damages are awarded. He needs to be prosecuted for violating the law - for using money pilfered from law-abiding citizens to set up illegal purchases - all for the purpose of drawing attention to himself and gaining political points." ...
 

PA: Rejected gun laws
Submitted by: scott Bitterman

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"On Tuesday Governor Ed Rendell made a rare appearance before the House Judiciary Committee pushing for tougher gun laws, but despite his efforts the committee rejected the measures."

"The first measure would limit most handgun purchases to one per month. The second measure that was voted down would have allowed local government to create their own gun control laws."

"Governor Rendell says lawmakers need to think about the families of shooting victims and not lobbyists. ..."

"Legislators tabled a third bill that would require owners to promptly report lost or stolen guns."

"Rendell's appearance follows a three-week period in which five Philadelphia police officers were shot, one of them fatally."
 

NJ: Found innocent, but returned to jail
Submitted by: Bruce W. Krafft

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"A defendant pronounced in court to be innocent or acquitted of a crime is free to go, right?"

"Not so, at least not in Superior Court in Hudson County, where the accused who are found not guilty are promptly handcuffed and returned to jail." ...

"... Hudson County Sheriff Joseph Cassidy, whose office is in charge of prisoners once they are in the county courthouse, had an answer."

"Cassidy said acquitted prisoners must be taken back to jail and released from there to ensure there are no open warrants pending against them, and also to claim their personal belongings."

"'The courts and the (Department of) Corrections set the policy,' Cassidy said. 'We are just the intermediaries.'" ...
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Submitter's Note: "Ve are chust followink orderss" Herr Cassidy said. [end cheesy pseudo-Nazi accent]
 

Delusional Michael J. Sullivan: no correlation between loss of 80% of FFL’s and ATF actions!
Submitted by: Red's Trading Post Inc.
Website: http://www.redstradingpost.com

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"Michael J. Sullivan, the Acting Director of the BATFE (Bureau of Alcohol, Tobacco, Firearms, and Explosives) AKA ATF, continues to leave a trail of lies and deceit (see Red Pills posts). And this guy is supposed to be U.S. Attorney for Massachusetts? Oh, but wait, he is also Alberto Gonzales' and 'Chappaquiddick' Kennedy’s best bud, so I guess it figures…birds of a feather and all that." ...

"ATF believes that the informal hearing procedures provide a meaningful opportunity to be heard and serves the interest of both the community of licensed firearms dealers and the taxpayer."

"Sullivan, who in the hell do you think you are kidding? Most of us haven’t been on the back of a turnip truck for years. ..." ...
 

Taser fends off attacks after suspected stun gun deaths
Submitted by: Anonymous

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"The US manufacturer of the Taser stun gun was on the defensive Tuesday after three more men died this week in separate incidents having been stunned by police."

"The three men, all in their early 20s, were reported to have died in the United States -- one in Florida, one in Maryland, and one in New Mexico -- days after an amateur video was released to the media, showing Canadian police repeatedly tasering a Polish man at Vancouver airport."

"That man, Robert Dziekanski, 40, fell to the ground and died after the police officers piled on top of him." ...
 

PA: Ex-Berks deputy charged in abductions
Submitted by: jac

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"A former Berks County deputy sheriff was arrested Thursday on charges that he impersonated a police officer and took three teenagers prisoner in Muhlenberg Township."

"Thomas S. Clattenburg, 24, abducted two of the victims and handcuffed one of them and the third victim in an effort to recover a missing cell phone, police said."

"Clattenburg, who was employed as a deputy sheriff from March until he resigned in September, was committed to Berks County Prison in lieu of $10,000 bail."

"He is charged with kidnapping, unlawful restraint, false imprisonment, trespassing, burglary, impersonating a public servant, making terroristic threats and possessing instruments of a crime." ...
 

OH: Cleveland police officer charged with felonious assault
Submitted by: Bruce W. Krafft

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"Cleveland Police Chief, Michael McGrath, has announced that felonious assault charges were filed Monday against Officer John Browning."

"Police say the charges were the result of a four month long Internal Affairs investigation into allegations of excessive force used during an arrest. Officer Browning is accused of repeatedly striking a prisoner in the face with a tactical baton, after the prisoner was already handcuffed." ...

"Chief McGrath said, 'Policing sometimes necessitates that force be used to bring resolution to a situation. However, when an allegation is made ... we will investigate it and if necessary, we will bring criminal charges. Excessive force can not and will not be tolerated.'" ...
 

IL: Cop charged with DUI in fatal crash
Submitted by: Bruce W. Krafft

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"A Chicago police officer was charged Monday with misdemeanor drunken driving in a crash that happened more than five months ago in which a passenger on his motorcycle was killed, authorities said today."

"Eugene Bikulcius, who was off duty at the time of the crash, had a blood-alcohol content of 0.24, three times the legal limit, authorities said. They could not say when the test was taken."

"Bikulcius, 45, was charged with misdemeanor driving under the influence Monday in the June crash, authorities said."

"His passenger, Denise Gerzen, 35, died from multiple injuries in the crash." ...
 

OH: Columbus police officer arrested on felony prescription-drug charges
Submitted by: Bruce W. Krafft

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"A Columbus Police officer was arrested today and charged with deceiving doctors to obtain 652 tablets of prescription painkillers over six months last year."

"Officer Gabe Gillilan, 33, was released on his own recognizance after he was booked ..."

"Gillilan ... is charged with 12 felony counts of deception to obtain dangerous drugs."

"He is accused of pretending to be in pain to obtain schedule III Vicodin or tablets containing hydrocodone from several different physicians between May and October 2006, court documents show. In one instance, he was given Percocet, a schedule II painkiller."

"Gillilan is a patrol officer who has been with the division since 2000, police spokeswoman Amanda Ford said."
 

NY: Cop charged with selling guns on the street
Submitted by: Bruce W. Krafft

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"In a case the Nassau County district attorney called 'the most egregious betrayal of the badge imaginable,' a former Queens police officer has been arrested for selling guns from his precinct's evidence room on the streets of Long Island."

"Hubertus Vannes, 30, of Roslyn Heights, was arrested Tuesday, shortly after two men accused of working with him were also picked up by law enforcement officials."

"'You have a police officer who swore to protect the people he served, and instead he went out and betrayed them,' Nassau District Attorney Kathleen Rice said at a news conference Tuesday." ...
 

NJ: Cops Got Paid During Trips
Submitted by: Bruce W. Krafft

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"The disgraced SWAT team was paid for its controversial trips to Louisiana, city officials said yesterday."

"The city also said it paid nearly $5,100 to fill the gas tanks for the trips, but did not foot the bill for a stop at Hooters and at least one other bar."

"Hoboken officials are scrambling to find out everything they can about the trips to Louisiana after numerous photos have surfaced of cops, half-naked women and Hooters waitresses posing with Hoboken cops and guns."

"Many of the photos were released by the lawyers for the five officers who have sued their supervisor, Lt. Angelo Andriani, the commander of the former SWAT unit. In the suit, they call Andriani 'an unabashed white supremacist.'" ...
 

Canada: Criminal charges possible over Canada airport Taser death
Submitted by: Anonymous

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"Canada's Public Safety Minister Stockwell Day on Tuesday said four federal police officers face possible criminal charges in the death of a Polish migrant zapped with a stun gun at the Vancouver airport last month."

"'This is a very serious incident that has taken place, and there are a number of investigations that are going on to get to the bottom of it,' Day told reporters."

"Once such Royal Canadian Mounted Police (RCMP) 'investigation will include the possibility of criminal charges,' he said, citing the lead investigator in the case."

"'If there is culpability to be assessed, it will be done.'" ...
 

OH: LTE: Constitution is not Antiquated (OFCC)
Submitted by: Bruce W. Krafft

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"A recent letter to the editor of The Dayton Daily News decided to regurgitate a frequent 'argument' used by the anti-gun right zealots that want to continue to infringe upon our Second Amendment rights a bite at a time. One class of firearms that they think society will tolerate placing further un-Constitutional restrictions is the misleading named class of 'assault weapons.' As we know, 'assault weapons', or 'utility rifles' as they should be called, are semi-automatic firearms that function exactly the same as average hunting rifles used all over the country. Utility rifles merely have certain cosmetic features that do not affect their deadliness, range, or speed of fire in any way." ...
 

SC: South Carolina pawn shop owner sues Bloomberg
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"A Summerville pawn shop owner's lawsuit that accuses Mayor Michael Bloomberg of slandering him after investigators bought guns from his store a year ago can move forward, a state court judge ruled yesterday."

"Larry Mickalis sued the mayor, New York City and two firms of private investigators last year after Bloomberg had the city file a civil lawsuit against his pawn shop and 14 other stores accused of selling firearms illegally to undercover investigators."

"Bloomberg called the gun shop owners 'the worst of the worst' and said they 'have New Yorkers' blood on their hands,' according to Mickalis' suit." ...
 

Canada: Tories make new bid to kill gun registry
Submitted by: Bruce W. Krafft

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"The federal government has moved to kill the national gun registry again, despite persistent objections from police chiefs and politicians including Toronto Mayor David Miller."

"Public Safety Minister Stockwell Day said the legislation he introduced yesterday is necessary so that the money used for registering weapons with the government can be redirected to front-line policing."

"The bill is meant to fulfill a promise in the Conservative party's election platform and in last month's throne speech, Miller told the Star recently that 'you can't be tough on gun crime without being tough on guns.'"

"'It's not acceptable and the federal government, in fact, should be strengthening our gun laws.'" ...
 

DC: High Court to Weigh Ban on Gun Ownership
Submitted by: Anonymous

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"The Supreme Court said Tuesday it will decide whether the District of Columbia can ban handguns, a case that could produce the most in-depth examination of the constitutional right to 'keep and bear arms' in nearly 70 years."

"The justices' decision to hear the case could make the divisive debate over guns an issue in the 2008 presidential and congressional elections."

"City officials said the law is designed to reduce gun violence, noting that four out of every five homicides this year was committed with a gun. Opponents of the ban pointed to the level of violence to make their case that Washington residents should be allowed to have guns to protect themselves in their homes." ...
 

 QUOTES TO REMEMBER
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