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Newslinks for 11/24/2007

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David Codrea: For Once I'm Speechless
Submitted by: Bruce W. Krafft

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"Today's mail came in, and included a hefty box from CCRKBA. Seems I was the April 2007 Gun Rights Defender of the Month for my expose resulting in the FAA issuing a correction in the Federal Register to their previous assertion that the Second Amendment is a collective right. This is the first I've heard of this, so I hope they don't think I'm an ingrate for not thanking them before now."

"I must say this caught me flat-footed ..."

"But the plaque sure is nice (it matches my office/den decor perfectly),and their write-up is too, especially when you consider I've not been shy about disagreeing with CCRKBA in the past, and they're big enough to not hold that against me." ...
 

Hypocrisy and Incompetence
Submitted by: Bruce W. Krafft

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"That's a fair characterization of Wednesday's editorial in the New York Times on the 2nd Amendment case that will be decided next term by the Supreme Court. The hypocrisy lies in the Times' seeming horror that the case is going to the Supreme Court at all:" ...

"But when has the Times ever objected to the Supreme Court 'inserting itself into a roiling public controversy'? Certainly not when the 'roiling public controversy' involved abortion, school prayer, busing in the public schools, criminal procedure, etc.--not as long as the Court's majority was reliably liberal. ..." ...
 

Nicki F: From the mouths of babes
Submitted by: Bruce W. Krafft

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"As I was putting the finishing touches on Thanksgiving dinner yesterday, my 10-year-old son was sitting at the kitchen table, eating a snack and watching the news. A story about Virginia Tech came on. ..."

"'Why didn't anyone have a gun and shoot the guy who was killing people?' he asked."

"'Because guns are prohibited on Virginia Tech's campus,' I told him."

"He looked at me like a monkey doing a math problem. 'How come?'"

"I told him those were the rules and that criminals obviously don't follow laws or rules."

"He nodded. 'You mean even if you have a permit, you still can't have a gun at Virginia Tech?' he pressed?"

"'Sorry, buddy. That's right,' I told him."

"'Well, that's just stupid,' he exclaimed shoving a Pop-Tart in his mouth." ...
 

Sense alone stops no attack
Submitted by: Bruce W. Krafft

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"Common sense is a good thing, for the most part, but it is useless when it comes to defending against mass murderers who are bent on destroying others and themselves in a blaze of violence and death."

"In a story about the push by some college students nationwide to be allowed to carry firearms on campus, the Associated Press quoted W. Gerald Massengill, ... "'I'm a strong supporter of the Second Amendment. But ... there are some environments where common sense tells us that it's just not a good idea to have guns available.'"

"What he said sounds reasonable, except for one thing. As one shooting after another on campuses and in other public places has proved, such attacks cannot be prevented by no-gun policies or laws. ..." ...
 

Pro-gun scholars twist Constitution
Submitted by: Bruce W. Krafft

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"In the endless war of words about gun rights, the academic community has done little but pock the discourse with vague, theoretical utterances. Unfortunately, the courts have been listening." ...

"Judge Silberman, Justices Scalia and Thomas and others have been spurred by the recent revisionist writings of several big-name law professors, whose scattershot scholarship can be fashioned to fit almost any favored thesis. But the blunderbuss proliferation of newly minted gun-rights advocacy perverts both the historical context and plain meaning of the Second Amendment."

"Until 1989, virtually all law professors had endorsed the view that citizens have a collective right to raise an army but no inherent individual right to carry guns. ..." ...
 

Gun rights at center stage
Submitted by: Bruce W. Krafft

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"Just in time for the 2008 campaign, the U.S. Supreme Court has agreed to hear a case that will place handgun owners’ rights at the heart of the nation’s political debate."

"The case, to be decided by next summer, provides an opportunity to clarify what the Second Amendment really means. While the court isn’t likely to settle the nation’s long-running debate over gun control, it could bolster the legitimacy of reasonable efforts to protect public safety through certain types of firearms restrictions." ...
 

D.C. v. Heller -- Gun Bans Reflect Tragic Mistrust Of The People
Submitted by: Bruce W. Krafft

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"The Supreme Court has decided to hear D.C. v. Heller and already the disinformation machine is revving up and spouting exhaust."

"One of the most obnoxious and objectionable utterances in the gun ban question is the overall attitude of Hizzoner Adrian Fenty, Mayor of D.C. expressed as disinformation."

"This week, the Mayor said to radio news microphones that guns in the home make shooting a loved one twenty-two times more likely. D.C.'s gun ban bans weapons in the home. That hissing sound is the sound of doubt for the case, the hissing coming out as Wind."

"This figure, of course, has been disproved for a while. Let's revisit one powerful source by linking to a quick note furnished by our colleague, Howard Nemerov ..." ...
 

Supreme Court Acceptance of Heller Case Dictates Everyone Be Involved
Submitted by: Brent Greer
Website: http://www.thereadyline.blogspot.com

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"Ready Line contributor Jude Cuddy, author of the 'My View From Behind The Berm' essays, has a few thoughts on District of Columbia v. Heller . . ." ...

"This case is a watershed. It will either reaffirm the Constitution - and the foundation of our Republic - or sadly be the beginning of the end. Should we prevail, we must not expect any wholesale refutation of existing laws already on the books. Perhaps the best long-term outcome would be the cessation of yet more feebly executed restrictions."

"Either way, I don't plan on watching, but participating. We must infuse into others that this is no longer a spectator sport. Observing on the sidelines or allowing others to do ones' bidding is no longer an option."
 

Just what is meant by 'right to bear arms'?
Submitted by: Bruce W. Krafft

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"The meaning of the Second Amendment of the Constitution will finally go before the U.S. Supreme Court for some modern clarification. The court agreed on Tuesday to hear a case that hinges on the 'right of the people to keep and bear arms,' and it will rule on whether or not the District of Columbia's complete 30-plus-year ban on handguns violates that amendment."

"In spite of what you will read and hear in the general media over the coming months, the vast majority of historians and Constitutional scholars have always believed the Second Amendment was about an individual's right to own firearms. The concept of a 'collective' right of gun ownership is a recent one." ...
 

Whose Right To Bear Arms?
Submitted by: Bruce W. Krafft

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"The U.S. Supreme Court will soon decide whether to hear a case that goes directly to the question of whether owning a gun is an individual right under the Second Amendment of the U.S. Constitution or a collective right of states that maintain militias."

"We're hopeful the court will agree to take up this case and shed light on a matter that has come to be dangerously misinterpreted."

"We say 'dangerously' because every day in cities and towns around the country, people are being killed or injured in gun-related incidents. Despite the huge societal consequences, the gun industry and other defenders of the right to bear arms trot out the Second Amendment as justification for the status quo." ...
 

Robert A. Levy: Another Second Amendment shootout
Submitted by: Bruce W. Krafft

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... "Equally important, if the Supreme Court affirms the D.C. circuit's holding, state gun-control laws could be vulnerable to constitutional attack. But before that happens, two other issues would have to be litigated."

"The first is the knotty question of whether the Second Amendment can be invoked against state governments. Until 1868, when the 14th Amendment was ratified, the Bill of Rights applied only to the federal government. ... Regrettably, the incorporation of the Second Amendment has not yet been settled. And that issue did not arise in Parker because the District of Columbia is a federal enclave, not a state."

"The second question is even more complicated: What restrictions on gun possession and use would be permissible? ..." ...
 

TX: Road rage incident in east Oak Cliff ends in death of boy, 15
Submitted by: Bruce W. Krafft

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"A man shot and killed a 15-year-old boy in east Oak Cliff early Friday during a road rage incident in which each pulled a gun on the other."

Anthony Gray, 30, told police he was heading home ... about 3:45 a.m. when the teenager, Frank Vega, cut him off in a 2004 Cadillac."

"The two exchanged words at the stoplight ... Either at the stoplight or soon after, both men pulled out handguns. Mr. Gray fired multiple shots, and a bullet hit the teenager in the chest."

"The teen's Cadillac ran off the road nearly a mile away ... Mr. Gray pulled off the road and called 911."

"'We don't know who displayed a weapon first, but both were armed, and we believe it could be a case of self-defense,' said Sgt. Bruce McDonald ..." ...
 

NC: Kidnapped & Killed While Hiking in Pisgah National Forest
Submitted by: T. Mar

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"Investigators said that the husband of an 84-year-old hiker found dead in the North Carolina mountains last week might have been kidnapped by her killer." ...

"Transylvania County Sheriff David Mahoney said earlier this week that someone was caught on a surveillance camera using the couple's ATM card in Ducktown, Tenn., the day after the 911 call was attempted from their phone." ...

"The body of Irene Bryant was found last week in the Pisgah National Forest, after a four-day search of the area around trails in the forest."

"Bryant and her husband, 79-year-old John Bryant, disappeared while hiking in the national forest three weeks ago. John Bryant is still missing." ...
 

Fred Tells Rudy: America Is Not Represented By New York Alone
Submitted by: Bruce W. Krafft

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"Presidential hopeful Fred Thompson said Friday that New York City isn’t a model for the rest of the country and that Rudy Giuliani should stop basing his stances on his time as that city’s mayor."

"Thompson, campaigning at a New Hampshire gun store with stuffed moose and deer overhead, told reporters that Giuliani too often turns to his time as New York mayor to explain his support for stronger gun restrictions"

"'He relates everything to New York City. Well, New York City is not emblematic of the rest of the country, I don't think. I think the sentiments of those people in the rest of the country are in support of the Second Amendment - which is where I've always been and I don't think he's ever been,' Thompson said." ...
 

Why the Republican race is still more interesting (for today, at least)
Submitted by: Bruce W. Krafft

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"Yes, Barack Obama seems to be closing the gap on Hillary Clinton, both in national polls and in Iowa. But the Republican race continues to fascinate, mostly because it is so unsettled. First, libertarian Ron Paul scared up a bunch of money on the Internet earlier this month."

"Now Mike Huckabee is shaking things up in Iowa."

"Ever since the early Republican debates last spring, it was clear Huckabee stood the best chance of any 'second tier' candidate to step out of the shadows. The guy has the best sense of humour in the group ... and brings to the GOP a populist message that's it's been lacking for years. He satisfies ... Second Amendment crusaders with his staunchly pro-gun views. ..." ...
 

PA: State Keeps Shooting Blanks
Submitted by: Bruce W. Krafft

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"SOME MIGHT CONSIDER Tuesday's House Judiciary Committee vote on the handgun-control laws a defeat."

"We don't."

"Bills that would limit handgun purchases to one per month (HB22) and allow cities to enact their own gun laws (HB 18) failed to make it out of the committee, despite a sound, emotional plea from Gov. Rendell."

"But a law that requires gun owners to report lost or stolen firearms to police (HB 29) was tabled. We see this as progress."

"For years the environment in Harrisburg has been intolerant to handgun-safety legislation. So a bill tabled rather than dismissed is a sign to us that a climate change is in the works." ...
 

PA: Rendell stands up for gun control
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"On Wednesday, a sitting Pennsylvania governor broke protocol and testified before the state House Judiciary Committee. Gov. Ed Rendell urged committee members to vote for four gun-control measures so the full House could debate and hopefully pass them. This unprecedented testimony by Rendell -- an important and powerful symbolic act -- underscores the significant gun-control divide between urban and rural Pennsylvanians."

"Rendell, a former Philadelphia mayor and district attorney, has long been a gun-control champion. On Wednesday, he reacted to the tragic Halloween shooting of Philadelphia police officer Chuck Cassidy, who was killed in a shootout that also injured several other police officers. ..." ...
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KABA Note: Not one of the governor's proposed laws would have had any effect on Officer Cassidy's shooter.
 

Cunningham v. Neagle, U.S. Supreme Court, "Judge FIELD is not your physical equal, and if any trouble shoud occur he would be very likely to use a weapon", April 14, 1890
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"..."Judge Terry, would not that be a dangerous thing to do? justice Field is not a man who would permit any one to put a deadly insult upon him, like that.' He said, 'Oh, Field won't fight.' I said: 'Well, judge, I have found nearly all men will fight. Nearly every man will fight when there is occasion for it, and Judge FIELD has had a character in this state of having the courage of his convictions, and being a brave man.' At the conclusion of that branch of the conversation, I said to him: 'Well, Judge FIELD is not your physical equal, and if any trouble shoud occur he would be very likely to use a weapon.' He said: 'Well, that's as good a thing as I want to get.'..."
 

20,000 vets with brain injuries?
Submitted by: Clell Adams

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"At least 20,000 U.S. troops who were not classified as wounded during combat in Iraq and Afghanistan have been found with signs of brain injuries, according to military and veterans records compiled by USA TODAY."

"The data, provided by the Army, Navy and Department of Veterans Affairs, show that about five times as many troops sustained brain trauma as the 4,471 officially listed by the Pentagon through Sept. 30. These cases also are not reflected in the Pentagon's official tally of wounded, which stands at 30,327." ...
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Submitter's Note: And how many of these would be disqualified under the NRA/Schumer Vet's Disarmament Bill?
 

Your property will be returned in 2011!
Submitted by: Red's Trading Post Inc.
Website: http://www.redstradingpost.com

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"Imagine you are a law abiding citizen and one day your business is raided by the ATF, FBI and even the Canadian ATF, they seize over $75,000 worth of product, as well as your personal firearms."

"You are never charged with a crime, in fact you go to court and win the Civil Court Case. The ATF is ordered to return your firearms...YET THEY WON'T. Instead they are going to conduct a 5 year criminal investigation that will last until June 7, 2011, this way they can hold on to your firearms until then."

"Your business is crushed, you have $24,504.39 in unpaid legal fees and there is no end in sight. This is what has happened to Richard Celata of KT Ordnance in Dillon, Montana. ..." ...
 

Casualties of the Corrupt Drug War
Submitted by: clell

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"It was one year ago this week that narcotics officers in Atlanta, Georgia broke into the home of 92-year-old Kathryn Johnston."

"They had earlier arrested a man with a long rap sheet on drug charges. That man told the police officers that they'd find a large stash of cocaine in Johnston's home. When police forced their way into Johnston's home, she met them holding a rusty old revolver, fearing she was about to be robbed. The police opened fire, and killed her."

"Shortly after the shooting, the police alleged that they had paid an informant to buy drugs from Ms. Johnston's home. They said she fired at them first, and wounded two officers. And they alleged they found marijuana in her home."

"We now know that these were all lies. ..." ...
 

NJ: Babe: SWAT Team Made Impression
Submitted by: bigcuz

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"It was almost two years ago that Laura Mink encountered members of Hoboken's Special Weapons and Tactics (SWAT) unit at the Hooters restaurant where she worked in Tuscaloosa, Ala."

"Mink, now a 24-year-old advertising coordinator at a newspaper in Tuscaloosa, worked at Hooters for about three years and says the night the Hoboken SWAT team partied there is a night she won't soon forget."

"'This was probably one of the few wildest moments when I was working at Hooters, as far as the touchy craziness,' Mink said in a telephone interview Wednesday." ...
 

Canada: Officer acquitted of assaulting demonstrator
Submitted by: Bruce W. Krafft

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"A Toronto police officer has being acquitted of assaulting an anti-poverty demonstrator at a loud rally four years ago that was captured on videotape." ...

"Katoch, a 17-year-veteran, was charged after punching Alex Levant at an affordable housing protest ..."

"Levant, a 36-year-old professor at Wilfred Laurier University, was then charged with assaulting police and obstructing justice." ...

"The Crown, however, dropped the charges against Levant on the second day of his trial after the defence presented a video of the incident that had been captured by a Ryerson student."

"The tape, played in court and released to the media on Friday, shows Levant being peaceful before he was shoved and punched by Katoch." ...
 

CA: Gun microstamping a stupid idea
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

I agree with the letter "Only criminals will have guns" (Nov. 3) that the microstamping bill is a stupid law. This bill is destroying the Second Amendment by making people who have handguns without microstamping their bullets a criminal. The microstamping of magazine-loaded handguns will increase the price of all guns sold in California. The guns will cost more and will make criminals more likely to rob homeowners of their guns. These stolen guns will be sold as weapons on the black market. Criminals will be the only people with handguns; everyone else will be defending their families with baseball bats, golf clubs and pellet guns.

MALONE COX, age 13

Atwater
 

 QUOTES TO REMEMBER
The provision in the Constitution granting the right to all persons to bear arms is a limitation upon the power of the Legislature to enact any law to the contrary. The exercise of a right guaranteed by the Constitution cannot be made subject to the will of the sheriff. [People vs. Zerillo, 219 Mich. 635, 189 N.W. 927, at 928 (1922)]

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