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Newslinks for 12/19/2013

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Chief dismisses ‘silly debate’ over media machine gun conflation
Submitted by: David Codrea
Website: http://www.davidcodrea.com

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"The anti-gunners don’t get to start and perpetuate such confusion and then have their apologists dismiss arguments pointing out their deception as 'silly.' They’d like to, but when they try, the dishonest tactic should be exposed."
 

WY: County Attorney moves to dismiss all charges against murder suspect Gabriel Drennen
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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“Since this (Supreme Court) decision, my office has renewed the legal analysis of this entire matter,” Bennett wrote in a release. “This review shows a prosecution based on disregard for the evidence, the law, and this office’s commitment to justice.”

...

He said the Supreme Court’s decision, along with the evidence, shows that Drennen lawfully possessed the firearm when he went to the crime scene, and that he was lawful in attempting to post a no trespassing sign.
 

DE: Del. court weighs public housing gun restrictions
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Delaware Supreme Court is weighing whether a Wilmington Housing Authority policy restricting the ability of public housing residents to carry firearms violates the state constitution.

The justices heard arguments Wednesday after a federal appeals court asked for clarification on whether Delaware's constitution allows the housing authority to prohibit residents and guests from displaying or carrying firearms in common areas.

The Supreme Court also was asked by the Third U.S. Circuit Court of Appeals to determine whether the state constitution allows the housing authority to require residents and guests to produce documentation regarding ownership of a firearm if asked.
 

3D Printed Guns Excite, Scare
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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And while it settled a certain small element of what some argue to be a major safety and law enforcement issue, 3D printing technology is only going to get better and more ubiquitous throughout 2014 and in the remainder of the decade. There likely won’t be any new bans in the near future, considering the NRA is weighing in heavily on the issue, but a 3D-printed gun has yet to cause any harm, either in a crime or in self-defense. There’s no telling if the laws will change after that inevitable future, or if the laws will even matter in the kind of open CAD landscape that Defense Distributed dreams of.
 

Gun activists have a new craze — and it’s more dangerous than you think
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The debate over open carry is the new front line in the battle over gun rights and public safety in American culture. In Texas, Florida, South Carolina, Washington, D.C., and elsewhere, gun rights activists have been staging protests, demanding broader liberty to display their guns in public rather than keep them concealed under clothing. Major candidates in statewide elections have voiced support for open carry, asserting that the conspicuous display of firepower will deter crime. For decades, though, social scientists have studied the way people behave around guns, and they’ve found that all of us — not just criminals — will be affected by seeing guns in our everyday environment.
 

TX: Texas Turn In Highlights Effect Private Gun Purchasers have Disarming Buybacks
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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As the church worked to buy guns so they could be destroyed, members of the Come and Take It Texas gun-rights group tried to buy firearms at the same site — so they could be put back into circulation.

The group said it bought four or five guns in its effort to supply firearms to the Safe Mother program, geared toward training women in need to use handguns for self-defense.
 

FL: Florida Proposes Common Sense Firearms Defensive Display (warning shot) Bill
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Florida is considering a bill, HB 89, that would protect citizens who defensively display firearms or who fire warning shots, from being victimized by the law for the act of defending themselves.

The genesis of the law is the fact that most people are able to defend themselves by merely showing the attacker that they are armed. This defuses the situation in the vast majority of cases: people do not want to be shot.
 

Glock 41 and 42 to hit the shelves in 2014?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The two new pistols, according to several gun blogs and sources across the web, are the Glock models 41 and 42. No one is quite sure what the model 42 will be just yet but based on some posts that have been prematurely made on a few retailer websites, many believe that the Glock model 41 will be a long-slide, "practical/tactical" .45 ACP. Glock already has two practical/tactical models, the 34 in 9mm and the 35 in .40 S&W but they have yet to release one in the popular .45 ACP caliber.
 

FL: Public defenders support 'Threatened Use of Force' bill
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Florida Public Defenders Association is backing the "Threatened use of force" bill, which was introduced by Rep. Neil Combee, R-Polk City.

The legislation, which some call the "Warning Shot" bill, allows an armed citizen to point their

defensive pistol at an attacker without fear of getting charged under Florida's 10-20-life law, which requires mandatory minimum sentences for any crime involving a firearm.
 

American Marksman and 'Top Shot' Champion Chris Cheng: I'm Gay
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The shooting community was honestly one of the last places I expected gay acceptance on any level. That really caught me off guard, in a good way. It’s how life should be, where no one cares if you’re gay, straight, or somewhere in between. We should be evaluated and judged based on our skills and accomplishments. While I was hoping to break some stereotypes, some of my own stereotypes regarding the shooting community were also broken. It was an enlightening experience.
 

High-profile gun control groups join forces
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Moms will soon join mayors in a push to limit access to illegal firearms, as two high-profile groups reveal plans to merge.

Outgoing New York City Mayor Michael Bloomberg's Mayors Against Illegal Guns on Thursday will announce that it is joining with Moms Demand Action for Gun Sense in America, a year-old grassroots campaign launched the day after the Dec. 14, 2012, shootings at Sandy Hook Elementary School in Newtown, Conn.
 

CA: Peña v. Cid Case Update (Challenge to California’s Handgun Roster)
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The lawsuit, Ivan Peña et. al v. Stephen Lindley (Wilfredo Cid was previously named as defendant), was filed by The Calguns Foundation, Second Amendment Foundation, and a number of individual plaintiffs in April 2009, during the period that Nordyke v. King incorporated the Second Amendment through the Fourteenth Amendment’s Due Process Clause.

Arguing for Peña et. al, CGF, and SAF at the hearing was attorney Alan Gura with assistance from Don Kilmer. California Department of Justice attorney Anthony Hakl argued for defendant Stephen Lindley, Firearms Bureau Chief for the DOJ.
 

Know freedom’s enemy
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Some of what the Brady bunch bubbled on about was so draconian—including a new list of hunting and collector-grade long guns to be declared contraband as so-called “assault weapons”—that they were actually deep-sixed by normally anti-gun Gov. Jerry Brown’s veto. The notion that the Brady Campaign is “moderate” and supports the Second Amendment is the very definition of The Big Lie.
 

Sheriffs Have No Veto
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Nevertheless, that Cooke’s instinct is the right one does not mean that his conclusion is prudent. Prosecutorial discretion is one thing; a blanket refusal to abide by the rules is quite another. Indeed, much as it vexes me to admit, Andrew Cuomo got it right when he worried aloud that the refusal of two sheriffs in his state to enforce his state’s execrable SAFE Act could set “a dangerous and frightening precedent.”
 

OR: County passes law defending citizen arms
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Wallowa County became the nation’s latest jurisdiction to pass a Second Amendment preservation ordinance, a victory for local gun rights activists who argued the measure was urgently needed to counteract the overreach of proposed gun controls in the post-Newtown era.
 

What The Tech?: Warren Tolman Wants Guns to Have Fingerprint-Only Access
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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If there is fingerprint access technology for smartphones, to keep the wrong person from using a device, why not do the same for guns?

That’s what Warren Tolman, a candidate for Attorney General, has in mind as a solution to lowering gun thefts and shooting deaths in Massachusetts.

“It’s time we use the power of [the] law to protect the health and safety of our citizens to do what Congress can’t—require gun manufacturers to utilize existing personalized gun technology for all new weapons sold in the Commonwealth,” Tolman said in a statement.
 

Gun owners must re-register firearms in ‘the other Washington’
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Gun owners in “the other Washington” are required to re-register their guns with the Metropolitan Police Department beginning Jan. 1, according to NBC News4 yesterday, and coincidentally today, the same news agency is reporting that the murder rate in the nation’s capital has climbed this year.

This begs the question: Does the city think it more important to re-register law-abiding gun owners or concentrate on stopping murderers?
 

CA: Lawsuit Filed Challenging Sunnyvale CA’s Ban on Standard Capacity Gun Mags
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Several Sunnyvale residents have filed a lawsuit supported by the National Rifle Association, challenging the City’s recent ban on the possession of magazines capable of holding more than ten rounds.

The federal, Second Amendment-based legal challenge is part of a campaign of nationwide litigation filed and supported by a variety of individuals, civil rights groups, and law enforcement officers and associations. The coordinated lawsuits seek to confirm that the Second Amendment protects these common standard-capacity magazines for self-defense and sporting purposes.
 

PA: Police: Man killed in N. Phila. shootout was aggressor
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Broderick Howard, 26, of Alcott Street near Large in Oxford Circle, died after being shot multiple times by a 25-year-old man, whom police spokeswoman Officer Tanya Little said Howard shot at first.

Police have ruled Howard's death as justifiable, meaning his shooter acted in self-defense. The identity of that man, who Little said remains in critical condition at Temple University Hospital after being shot once in the chest by Howard, remains unknown.
 

CA: 9 Circuit Decision Sets the Analytical Framework for Second Amendment Challenges
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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On November 18th 2013, the Ninth Circuit Court of Appeal ruled on a case that seems to finally answer the question that so many other cases have been raising: what standard of review should apply when considering Second Amendment cases?

In United States v. Chovan, the defendant sought to overturn a criminal conviction under the federal law barring those convicted of misdemeanor domestic violence from possessing firearms. The criminal defendant argued that by permanently depriving him of the right to bear arms based on a misdemeanor conviction (rather than a felony), the law unconstitutionally infringes on the Second Amendment.
 

VT: Sandy Hook victims remembered
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Ann Braden of Brattleboro founded Gun Sense Vermont last March after gun-control legislation introduced at the Statehouse failed to gain traction.

Of the five bills introduced last session, none made it out of committee. But Gun Sense Vermont hopes to push for new legislation.

The group has attracted about 2,000 members in 160 Vermont towns and cities, according to Braden. They aim to take a multi-prong approach to gun safety involving education, enforcement of federal laws and new legislation.

“There’s consensus that certain groups of people shouldn’t have access to firearms,” Braden said. “Are we putting up appropriate obstacles to them?”
 

CO: Sheriff: Gun control laws 'hurt law-abiding citizens'
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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New laws in CO mandate universal background checks and ban magazines that carry more than 15 rounds. Cooke and the majority of his fellow sheriffs (55 of 62 total) in the state say they won’t be enforcing these laws.

Both laws, Cooke says, “are going to turn law-abiding citizens into criminals.”

“Basically, the magazine ban says that any magazine that can be readily converted to hold more than 15 rounds is illegal,” Cooke explained. “Almost every single magazine has a removable base plate, and so just about every magazine can be converted to hold more rounds than the 15, which means everybody who owns a 15 round magazine is basically committing a crime.”
 

CO: The Flip Side: Recall redux
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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As we head into a new legislative session in January, challenges to the new gun laws may not see the light of day. The Denver Post asked state Senator Pat Steadman, D-Denver, if the Democratic majority would send repeal legislation to so-called ‘kill committees.’ Steadman said, “I don’t see any more floor debate needed on the gun laws we passed.” Democrats may sweep the gun debate off the statehouse floor. But you can be sure that gun rights advocates throughout the state will kick the issue right back up come next November’s elections.
 

Nullification-lite: Why states are stepping in to protect the Second Amendment from the feds
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The bill has some noteworthy teeth: violators who attempt to cooperate with feds could lose their jobs, funding, and contracts with the state. Also of note, the model legislation applies to all guns and ammo, not just guns and ammo manufactured and used within a state’s borders.

As lawmakers prepare for the start of the 2014 legislative session, Ohio, Virginia, and Missouri have pre-filed Second Amendment Protection Acts that would ban state implementation of federal gun control. Additional bills are forthcoming in West Virginia, South Carolina, and elsewhere.
 

‘Guns Save Lives Day’ A Huge Success, Says Second Amendment Foundation
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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“We want to thank all of the sponsoring organizations that supported this event,” Gottlieb said. “They are too numerous to mention all of them, but in particular the effort was supported by the Calguns Foundation, Texas State Rifle Association, Illinois State Rifle Association, Virginia Citizens Defense League, Illinois Carry, Long Island Firearms, Florida Carry, Alabama’s Bama Carry, Georgia Carry, Montana Shooting Sports Association, Nebraska Firearms Owners Association, Louisiana Shooting Association, New Jersey Second Amendment Society, the Shooters Committee on Political Education of New York, Arizona Citizens Defense League and many others.”
 

WV: Group asks court to block Charleston gun laws
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A gun rights group has gone to court in an attempt to stop enforcement of Charleston's gun ordinances.

The West Virginia Citizens Defense League asked Kanawha Circuit Court on Tuesday to issue an injunction against the ordinances, media outlets reported.

The group says Charleston isn't complying with a new state law that removed the authority to regulate guns from cities participating in West Virginia's home rule program.
 

 QUOTES TO REMEMBER
A Bill of Rights that means what the majority wants it to mean is worthless. — Justice Antonin Scalia

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