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Newslinks for 12/12/2008

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Dial 911 and Die
Submitted by: David Codrea
Website: http://waronguns.blogspot.com

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... "I wonder how many 'buyback' gift card recipients would be willing to complete the transaction if they first presented the cops doing the collecting with a simple card and asked them to sign it? The text would go something like this:"

"GUN SURRENDER PROTECTION CONTRACT"

"The [Name of Law Enforcement Agency] agrees that a special relationship exists between our department and [Name of Individual Surrendering Firearm] by virtue of his/her turning in a working firearm to us. Because we have encouraged him/her to be personally defenseless, we hereby agree to assume responsibility for his/her personal safety and protection, and admit liability should we fail in this duty.

[Signature/Title/Date]" ...
 

A Right To Carry Guns in Public?
Submitted by: Bruce W. Krafft

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"In keeping one's eye on the ferment in lower courts on gun issues post-Heller, Eugene Volokh at the Volokh Conspiracy finds an interesting footnote in a U.S District Court for Utah memorandum opinion and order."

"The order allows the (partial) moving forward of a lawsuit charging some police officers of 4th Amendment excessive force violations due to their ruffian behavior against a man in Salt Lake City who didn't, because he was physically unable to, raise both hands above his head when ordered to by the cops. The details of the story in Volokh's post make for aggravating reading, to be sure." ...
 

Obama's message of 'change' may include gun rights
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"The regular New York State big game firearm season ended last Sunday (Dec. 7) ..."

"There is nothing quite like the incredible challenge and joy of hunting deer in the woods to develop new savvy and skills ..."

"However, our rights to enjoy the outdoor hunting experience may be changing, friends ... Hunting with a firearm of our choice may be about to take new meaning."

"Wayne LaPierre and the National Rifle Association have provided early warning information. NRA is tabulating the opening appointments from new president elect, Barack Obama, and the effects it may have on American hunting traditions as we know them. ..." ...
 

Personal foul: Burress doesn’t merit prison time
Submitted by: Bruce W. Krafft

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"The following is hard, but here goes anyway: Free Plaxico Burress!"

"Lots of people probably figure Burress, the New York Giants star receiver, is getting his just deserts after carelessly shooting himself in the leg at a New York City nightclub. But prison and perhaps the end of his NFL career for exercising his constitutional right to keep and bear arms is out of bounds — even for someone acting like a fool." ...

"Unfortunately for Burress, the U.S. Supreme Court's decision this summer upholding the literal meaning of the Second Amendment hasn't had an effect on Gotham City's gun restrictions. The high court ruling that struck down the District of Columbia's handgun ban will take longer to have effect elsewhere." ...
 

Libertarian Party: 'Another Second Amendment Victory'
Submitted by: Bruce W. Krafft

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"The U.S. Department of the Interior has recently announced a change to their firearms policy in national parks and wildlife refuges. ..."

"Previously, individuals were barred from carrying a firearm in national parks, even if they were licensed to carry the firearm in the state in which the national park was located. This especially created a headache for Virginia residents, who were not allowed to carry a firearm in their vehicles while on the George Washington Memorial Highway–a major highway controlled by the National Parks Service that runs on the outskirts of Washington D.C." ...
 

Gun grabbers in Cleveland ignore criminals and focus on your guns
Submitted by: Bruce W. Krafft

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"On December 2, I attended an anti-gun advocacy lecture where Boston Mayor Thomas Menino joined Cleveland city council members and others to convince uneducated citizens that they need more gun control. ..."

"Every person on the panel spoke of 'illegal guns' and the need to get them off the street. Lori O'Neill of 'Citizens for Safety' ... defined an illegal gun as being one that is in possession of a person who could not legally own the gun. It was refreshing to know that these 'illegal guns' could be completely 'rehabilitated' simply by placing them back in the hands of law-abiding citizens."

"Curiously not one person talked about the illegal actions of individuals with guns. ..." ...
 

U.S. Capitol Visitor Center Emphasizes Liberal Political Causes
Submitted by: Bruce W. Krafft

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"The DC Capitol Visitor Center opened last week three years late and $360 million dollars over budget. The AP reported that James Billington, the librarian of Congress, said the new visitor's center 'will make the Capitol, the icon of our republic, more accessible to all of us than ever before.' He also said, 'It provides a splendidly presented civics lesson.'" ...

"The exhibit hall display cases look like they were overrun by liberal interest groups. Environmentalism, healthcare, and public education groups must be pleased to have been deemed as important if not more important than our Constitution’s Bill of Rights ..." ...

"Do not bother looking for the history on the second amendment at the visitor’s center. ..." ...
 

Militiamen at home
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

Sorry, Anthony R. Santoro ("Not the NRA of old," Dec. 6), but the National Rifle Association had to evolve into what it is today to defend the Second Amendment and true freedom in this country. The anti-gun forces had to be countered.

Drop out of the NRA, if you don't like their current agenda.

A government that has the power, through the Army and police, to give you everything you want, is also equipped to take it all away.

The Second Amendment is not about duck hunting.

No, society does not need a militiaman on every street corner. There should be one in every household in the country, defending our freedom from all of our enemies, domestic and foreign.

Fred Burton

Williamsburg
 

Gunsmith Toolbox
Submitted by: Anonymous

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"It seemed like every time I stopped by the Wal-Mart to buy more ammunition for the cache, I found myself looking at this toolbox. Sure I could have continued to use that old tackle box like I had for years, it served the purpose well and didn't really need replacing, but I felt like a kid in a toy store, I wanted something shinny and new to play with. So after looking at this thing for a month I finally saved the money to make it my very own." ...
 

The gun debate: We can talk smarter than this
Submitted by: Bruce W. Krafft

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"'Gun sales have been hitting all-time highs this holiday season in Jackson County and Oregon, propelled by fears that President-elect Barack Obama's administration will enact laws clamping down on assault rifles and ammunition.'
--The Daily Tidings, December 8, 2008
"

"Good to know that some slices of this bludgeoned economy are thriving. The article went on to lay out what you'd expect: dramatic numbers ... the worried reaction to Obama's campaign
pledge to renew the expired federal ban on assault weapons, the ongoing argument over what is and isn't an assault weapon ..."

"For the amperage that runs through the gun issue, you had to go to the online comments following the story ..." ...
 

CA: Meet the New California Rifle and Pistol Association
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Founded way back in 1875, the California Rifle and Pistol Association (CRPA) is an organization of sportsmen dedicated to the preservation of our American heritage. In this age of constant political attacks on the rights of law-abiding citizens to own and use firearms for legitimate purposes, the CRPA is the state organization dedicated to protecting firearm freedoms and promoting shooting sports solely in the State of California." ...
 

OR: License Holder's Privacy In Peril
Submitted by: Bruce W. Krafft

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"Oregon Firearms Federation supporters have received, or soon will receive, a Political Action Committee mailing from us urging them to take advantage of Oregon's PAC tax credit law to support gun rights at no cost to them. Many will also be receiving a letter asking for donations to the political action committee of a group called 'Oregon Gun Owners.'"

"'Oregon Gun Owners' is not affiliated in any way with OFF. 'Oregon Gun Owners' is the organization that helped write HB2535 in 1999. ..."

"We have received a copy of the mailing done by 'Oregon Gun Owners.' It was sent to a woman with a CHL whose name appears on no mailing lists for gun owners except the Clackamas County Sheriff's CHL list. ..." ...
 

GA: GCO Settles Man with a Gun Lawsuit
Submitted by: Mark McCullough
Website: http://www.georgiacarry.org/

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FULL TEXT BELOW:

GCO settled the federal lawsuit in Richmond County involving Staff Sergeant Zachary Mead, who had his firearm seized while carrying it openly outside Kroger. Richmond County consented to an Order declaring the seizure to be a violation of the Fourth Amendment, paying damages, court costs, and attorney fees. More importantly, Richmond County has assured GCO that it has no policy of detaining Georgians merely for carrying a firearm. You may view the order here.
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Submitter's Comment: It is the opinion of GCO that the detention of a person for merely carrying a firearm, when no suspicion of illegal conduct is reasonably articulable, is an unconstitutional seizure of the person.
 

IL: Dupo homeowner thwarts, handcuffs burglar
Submitted by: Bruce W. Krafft

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"A Dupo resident fought back and made a citizen's arrest when a man attempted to rob his home in the middle of the day." ...

"... Kirk had knocked on his door and he didn't recognize him when he looked out the window. The homeowner tried to run the license plate on a blue minivan Kirk was standing near but could not read the entire plate so he decided to get his gun ..."

"When the homeowner ... retrieved his gun and returned to the door his dogs started barking. That's when he ... saw the van backed up to his garage and Kirk using a crow bar to try to open the homeowner's garage door."

"The homeowner called 911 to report the crime in progress and then fired two rounds into the ground near Kirk." ...
 

AZ: Gilbert community on edge after alleged break-in, shooting
Submitted by: Bruce W. Krafft

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"Residents of Gilbert's Country Shadows community are amping up security in their homes in the wake of a neighbor's shooting of a suspected burglar earlier this week." ...

"On Tuesday, a resident of a house on the 3000 block of East Ravenswood Drive shot the suspected burglar twice after the suspect forced his way into the house ..."

"Police said the suspect, Richard Lopez ... knocked on the homeowner's front door around 10:17 a.m. After no one opened the door, Lopez started kicking it in ..."

"The homeowner ... shot Lopez when he came through the door, police said. Lopez sustained gunshot wounds to the face and upper torso, but fled the scene with his brother, 18-year-old Mark Vega, police said." ...
 

MO: More Missourians Getting Gun License
Submitted by: Bruce W. Krafft

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"Missourians are doing more to protect themselves from burglaries and other crimes."

"They're carrying concealed weapons, legally." ...

"It's 40 days until Barack Obama's administration, and many Missourians are applying for a conceal and carry permit."

"'Based on voting record and past statements, a lot of people feel that President-elect Obama is going to interfere with our gun rights,' Oliver said." ...

"Since the fall there's been an increase in these Conceal and Carry courses. Oliver has doubled the amount of classes he offers, and in those classes, the amount of students has also doubled."

"About one in 20 Missourians have Conceal and Carry permits, which doesn't bother Columbia's top cop." ...
 

Parks under fire -- Loaded guns should be banned
Submitted by: Bruce W. Krafft

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"The federal Department of the Interior has overturned a 70-year-old ban on loaded weapons in national parks and wildlife refuges."

"It's a parting shot at the gun-control crowd from the Bush administration ... And the wildlife that inhabit our national parks, the 300 million people who visit a park each year and the rangers charged with protecting the public and these hallowed grounds are caught in the crossfire."

"Under the new rule ... persons possessing concealed weapons permits can now carry loaded guns in national parks and wildlife refuges. The old rule required that all firearms be unloaded and stored ..."

"The new policy is dangerous, a loaded gun literally and figuratively ..." ...
 

MT: Guns in the park are a bad idea
Submitted by: Bruce W. Krafft

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"It was announced last week that the United States Department of the Interior revised regulations concerning concealed weapons in National Parks and Wildlife Refuges, making it legal to carry them."

"... The new rule replaces a 25-year-old regulation that required weapons to be unloaded and stowed ..." ...

"It is, in my view, a bad move."

"Proponents of the loosened regulations argue that the Second Amendment shouldn't be upended when a citizen enters a national park. That may be a fine piece of logic for, say, Shenandoah National Park in Virginia, but it's an entirely different proposition here in the West." ...
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Submitter's Note: So our G-d given fundamental individual human and civil rights are dependent on where we are?
 

MA: School eyes emergency plan where students strike back
Submitted by: Bruce W. Krafft

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"Officials are considering a plan that would have fourth- and fifth-graders trained to help fight off an armed gunman should one enter their elementary school."

"As it drafts an emergency plan for staff and students for the worst-case scenario of an armed gunmen entering one of its schools, Georgetown doesn't want its students to be sitting ducks."

"... district leaders are considering taking a more aggressive stance to the typical school lockdown. The plan may include students trained to 'strike and defeat' the threat rather than sit passively ..." ...
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Submitter's Note: So it is preferable to throw kids at the BG until he runs out of bullets than to arm the teachers?
 

CO: Group to file lawsuit challenging CU's gun laws
Submitted by: Bruce W. Krafft

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"Representatives from Students for Concealed Carry on Campus said they will file a lawsuit Thursday asking the court to strike down the University of Colorado's concealed carry ban."

"The Colorado Springs chapter of the [SCCC] has argued before, to the school's regents, that gun-free zones on college campuses translate into a ban on self-defense. Members want the university to loosen gun-control rules and allow those with handgun permits to pack heat on campus." ...

"The state Legislature passed a law in 2003 allowing concealed weapons to be carried by permit in most parts of the state, including college campuses, but then-State Attorney Gen. Ken Salazar issued a formal opinion that the CU regents’ order trumped the state law."
 

IN: There The Star goes again, concealing gun-rights record
Submitted by: Bruce W. Krafft

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"Once again The Star has only published the gun voting record of Barack Obama that it wants its readers to read. On Dec. 7, The Star stated that Obama believes in the Second Amendment. Every anti-gun politician states that he believes in gun rights because they know that gun owners are more likely to vote than most other groups of voters."

"The Star did not tell its readers that Obama voted against: defending yourself with a firearm in your own home, repeeal of the D.C. gun ban, and the right for concealed carry in Illinois."

"This all comes from an Illinois politician from Chicago, which has a high crime rate and strict gun laws. If strict gun laws worked, Chicago should be a crime-free utopia." ...
 

Analysis: More police authority in sight?
Submitted by: Bruce W. Krafft

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... "The wider argument, made by both the state of Arizona and by the federal government in support, was that police who encounter someone in a public place should have the authority to frisk that individual any time they fear he may be 'armed and dangerous,' even if they have no suspicion that any crime has been or is being committed. Put that way, the claim would appear to lead to a major expansion of the pat-down authority that the Court first embraced, in significantly more limited form, in a 1968 decision, Terry v. Ohio."

"Some Justices, notably Stevens and Souter and, to some degree, Ruth Bader Ginsburg, seemed troubled about the breadth of that argument, exploring various hypotheticals about chance encounters ... " ...
 

Judge upholds domestic violence gun ban
Submitted by: Bruce W. Krafft

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"The federal statute making it a crime for a person subject to a domestic violence injunction to possess a firearm does not violate the right to bear arms."

"U.S. District Judge Lynn Adelman distinguished the ban from the Washington D.C. gun control law ..."

"'Heller held only that the federal government may not forbid possession of handguns for self-defense in the home,' Adelman wrote in a recent decision." ...

"Adelman relied primarily on the following language in Heller: 'Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill…' ..."

"Adelman acknowledged that the statute ... is not a 'longstanding' prohibition." ...
 

MN: Minneapolis cop charged with tax violations
Submitted by: Bruce W. Krafft

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"A federal grand jury has added three counts of filing false tax returns to earlier corruption charges against longtime Minneapolis police officer Mike Roberts."

"... Roberts allegedly failed to report at least $75,000 in income earned from off-duty security work on his tax returns for 2004 through 2007."

"The tax charges were added to earlier corruption allegations that were part of a July grand jury indictment in which officials say Roberts twice provided confidential information to an undercover informant who claimed to be a gang member for a total of $200."

"Roberts, 58, was relieved of duty in April after the earlier allegations came to light. He is a 29-year veteran of the department." ...
 

MA: Pelham police chief is at center of test case on guns
Submitted by: Bruce W. Krafft

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"A longtime advocate of people learning how to shoot guns, Pelham Police Chief Edward Fleury has been publicly critical in the past of laws that seemed aimed at restricting citizens from possessing them."

"Now, he is at the center of a case that could lead to changes in state law following his indictment last week on an involuntary manslaughter charge in connection with the death of an 8-year-old boy at a Westfield gun fair." ...

"'The police chief was very careful in his advertising for the machine gun shoot to state there would be a certified instructor present,' Rosenthal said."

"Whether Fleury himself was aware that the 15-year-old boy was supervising Bizilj is not a significant issue, Rosenthal said." ...
 

WV: State trooper accused of rape resigns
Submitted by: Anonymous

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"The West Virginia State Police officer accused of rape by a Charleston woman has resigned."

"Trooper Derek S. Snavely resigned from the department Friday ..."

"... the personnel investigation into Snavely was complete but that the criminal investigation is ongoing."

"The woman alleges she was drunk and was forced to have sex with Snavely last month ..."

"She and her lawyer, Mike Clifford, showed a Gazette reporter part of a videotape that apparently shows the woman and a man wearing a State Police uniform inside the woman's residence."

"'I think it's appropriate,' Clifford said of Snavely's resignation. 'I also surmise that the officer was given the choice between resigning and being fired.'" ...
 

NY: Schenectady officer charged with DWI
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A Schenectady police officer is facing drunk driving charges after being pulled over on Guilderland Ave. Wednesday night, according Officer Kevin Green.

Joseph Peters IV, a ten year veteran on the force, was ticketed around 7:30 p.m. for having a blood alcohol level of more than .08 percent.

The 42 year-old was arraigned in Schenectady City Court and has been suspended with pay with the investigation continues.
 

FL: Corrections officer charged with DUI
Submitted by: Bruce W. Krafft

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"The Florida Highway Patrol arrested a Lee County Corrections officer and charged him with DUI after he allegedly failed field sobriety tests." ...

"A trooper saw the vehicle ... and using radar, determined the vehicle was driving 75 mph in a 70 mph zone."

"The trooper began following the vehicle and said the driver had difficulty driving in the middle of the lane." ...

"At the FHP station, the trooper conducted a breathalyzer test. The first read a .173 and the second, twenty minutes later, read .171."

"According to reports, Welch said the trooper had ruined his 20 years and that he hadn't done anything wrong. He said the trooper didn't understand." ...
 

PA: Lawyer: Woman Killed Pittsburgh FBI Agent In Self-Defense
Submitted by: Big T 1957

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I don't believe my client's guilty of any crime. I think the evidence will show that," Elash said. "... It's obviously a self-defense or a defense of others, and the others that she's defending are a 5- and 10-year old that were with her when she was on 911, making the call to the police that somebody had broken into her house."
 

UT: Useless gun ban
Submitted by: Bruce W. Krafft

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"I was dismayed by the editorial 'Assault weapons: Renew a federal ban' (Our View, Nov. 10). I'm not a gun owner, yet it disturbs me to see the media throw responsible gun owners in the same group as deranged killers. The Second Amendment was written to ensure that Americans could protect themselves from criminals, foreign invaders and our own government."

"Banning the sale of assault rifles won't prevent criminals from killing large numbers of people; they can simply use different firearms, get assault rifles through illegal channels or use different weapons altogether, like bombs or even SUVs. Gun laws only punish law-abiding citizens because criminals ignore laws." ...
 

Canada: Gun-toting teenager got his just deserts
Submitted by: Bruce W. Krafft

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"A Toronto man, known only as JSR, was found guilty on Sunday by a Toronto jury of second-degree murder in the shooting death of Jane Creba ..."

"... To the defence, on the other hand, the verdict was a step backward, with the accused convicted on flimsy evidence, mainly because he was the person left holding a gun - and not even the gun used to kill Jane Creba."

"We share the prosecution view. A 15-year-old schoolgirl was shot on a busy downtown street, caught in a crossfire between two rival groups."

"The jury took the entirely reasonable position that anyone who fires a gun in the middle of a busy street should know that there is risk someone will be killed. ..." ...
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Submitter's Note: But what about Canada's $2 billion gun registry? Why didn't it stop this?
 

 QUOTES TO REMEMBER
The NRA has a point about the inadvisability of simply taking guns away from the populace. If that were possible, it would not disarm that small percentage of the population willing to break the law.... Punishing people who obey the law is backward thinking. — Hugh Downs, Veteran ABC newsman

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