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Newslinks for 12/5/2008

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Remington CEO Issues Statement on HS-Precision
Submitted by: David Codrea
Website: http://waronguns.blogspot.com

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"I just got off the phone with Tommy Millner, President and CEO of Remington Arms Company."

"First, he assures me the email reproduced on AR15.com is authentic."

"He has been in contact with HS-Precision management after getting blindsided by the Lon Horiuchi development, and has also personally read and responded to every email sent to him by concerned customers."

"He assures me Remington takes this situation, and lack of response by HS-Precision, very seriously, and completely disapproves of what they have done. He tells me Remington is committed to doing the right thing by their thousands of customers, up to and including changing suppliers where possible* if there is no other way to go forward." ...
 

Without a Clue, the NYT Does Victory Dance on Gun Control
Submitted by: Bruce W. Krafft

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"Folks, the New York Times has once again leaped onto the dance floor with the Brady Bunch to do the old Tyranny Tango. You may find their victory dance here."

"Of course I had a response. (Don't I always? Don't I just?) Read the link, then come back here and read the response." ...

"The New York Times has joined the Brady Campaign's premature victory dance over the sweeping of the GOP from the electoral field. ..."

"You think that the GOP protected us. The way we look at it, the GOP protected you. By removing any chance over the next two years of defending ourselves politically from further raids upon our traditional liberty and property, you force us to consider other means. You have us surrounded, you poor fools." ...
 

A Standoffish Former Chief
Submitted by: David Codrea
Website: http://waronguns.blogspot.com

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"I was going to continue with my follow-up on the anti-gun mayors' forum, but some ongoing breaking news pushes that off the front burner for today:

"'RAVENNA, Ohio — An Ohio sheriff says deputies are in a standoff with a former police chief accused of firing a shot at his adult son.'"
 

Pike
Submitted by: Bruce W. Krafft

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... "Funny how when I get criticised by the 'prags' this little ditty comes into my head. The latest prag pulse comes from the appropriately self-named Linoge (see post below). You may find it here."

"Linoge's opinion of me is unimportant. The prags call us Three Percenters names because of what we represent -- we are Americans who have finally, after a "long train of abuses and usurpations," laid down a marker. Beyond this marker, we will not go. Prags, on the other hand, keep their markers firmly in their coin purses, and their purses firmly in their pockets, lest their ability to back up -- or to turn and run -- be compromised." ...
 

Alito on Originalism's Ascent
Submitted by: Bruce W. Krafft

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"I attended The American Spectator's annual Robert L. Bartley Gala last night, and Supreme Court justice Samuel Alito gave the keynote address. He was in top form — some very funny jokes and some very serious points."

"I thought his most interesting remarks had to do with how the Supreme Court is increasingly returning to Blackstone's 'text first' method of interpreting laws ..."

"He had two examples, an anecdote and a statistic, to back this up. The anecdote was that in the Second Amendment case D.C. v. Heller, both the majority opinion and the dissent were originalist; both took the language of the law and asked what those words meant at the time they were written ..." ...
 

Damn That Pesky Constitution
Submitted by: Bruce W. Krafft

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"Today's cover story in the Eugene Weekly purports to be a debunking of the gun rights lobby’s concerns about the incoming Obama Administration. The author, Rick Levin takes as his starting point a random, poorly written blog comment on Politico.com in which the the poster claims to be scared of Barack Obama and insists that the NRA is deterring an 'open attack' on America's heartland. Having managed to dig up this unquestionably authoritative representation of gun rights advocates nationwide, Levin feels comfortable announcing that 'likely it is just this breed of hysteria that has caused local and national gun sales to spike.'"

"Well, color me convinced." ...
 

Medicare to cover Palm Pistol 'prescription handgun'?
Submitted by: Bruce W. Krafft

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"Back in September we wrote about the Palm Pistol, a single-shot gun intended for those with limited manual dexterity. Now comes word that, after some FDA pondering, the Palm Pistol has been designated a Class I Medical Device. That means that doctors will eventually be able to prescribe the weapon to qualified patients, who will then be able to claim the cost back through private or Medicare health insurance."

"I'm wondering if it's just me that sounds bizarre to, or if everyone is having the same 'bwuh?!' moment. I understand that the US second amendment gives[sic] everybody the right to bear arms, but is it their right to claim back the cost of said-arms under health insurance?" ...
 

Untold Story of Election 2008: The Death of the NRA
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Last month, voters across the country took a cue from the late Charlton Heston and pried the assault weapon from the NRA's cold, dead hands."

"Although the gun group unleashed everything in its arsenal to defeat Barack Obama and dozens of down ticket gun-control candidates, it lost by a margin as historic as the war chest it opened in an attempt to convince voters that Democrats were mortal enemies of the Second Amendment. Despite expending nearly $7 million in a national fear campaign, NRA-endorsed candidates lost 80 percent of their races against gun-control candidates. ..." ...
-------

KABA Note: As Mike Vanderboegh points out: "You have us surrounded, you poor fools"
 

Bang Bang Shoot Shoot -- Obama, the NRA and gun hysteria
Submitted by: Bruce W. Krafft

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"Watch out, pilgrims! There’s a new sheriff rollin' into town, and word has it he's gonna to take away all yer guns."

"Or at least that's what certain concerned citizens of these great states seem to believe. Post-election sales of weapons have increased nationally, with gun-rightsers stockpiling firearms and ammo against what they believe to be the coming communist/socialist surge of gun-control legislation enacted by President-elect Barack Obama. Gun sales were up 15 percent this October compared to October 2007, according to the National
Shooting Sports Foundation, the trade industry's association.'"

"Who's that knockin' on our door? Sally, quick, grab the Glock!" ...
 

Plaxico Burress: Second Amendment Martyr
Submitted by: Bruce W. Krafft

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"Well, here's a new take on the Plaxico situation. 'Policy analyst' David Kopel has an editorial in today's Wall Street Journal, arguing that Plaxico Burress has been wronged. Not because he faces three-and-a-half years in Attica for what is essentially a victimless crime. (If you're not counting his leg as a victim.) No, it's because he thinks New York City's handgun law is unconstitutional."

"You see, Burress used to have a gun permit—in Florida—but he lives in New Jersey, so even if he wanted to register his gun in New York City, he can't. The city doesn't allow handgun permits to non-residents and refuses to honor concealed carry permits issued by other states." ...
 

Free Plaxico Burress
Submitted by: Bruce W. Krafft

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"New York Giants star receiver Plaxico Burress is facing a mandatory 3½ years in prison and the end of his football career. His crime? Not having a license, which New York City never would have issued him, for the exercise of his constitutional right to bear arms."

"To be sure, Mr. Burress got caught because of what appears to have been stupid and irresponsible behavior connected with the handgun. But he does not face prison for shooting himself. His impending mandatory sentence highlights the unfairness and unconstitutionality of New York City's draconian gun laws."

"Mr. Burress had previously had a handgun carry permit issued by Florida, for which he was required to pass a fingerprint-based background check ..." ...
 

'Free Plaxico': Is Sentencing Law Facing Burress Unconstitutional?
Submitted by: Bruce W. Krafft

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"Plaxico Burress's lawyer, Ben Brafman, presumably has a lot on his plate these days, what with keeping his client out of more trouble than he's already in. Thanks to the Cato Institute's David Kopel, Brafman this morning might just might be adding something to his to-do list: 'Bone up on the Second Amendment.'"

"Here's why: On the WSJ's op-ed page today, Kopel writes that the law Burress faces, a sentence of three-and-a-half years for carrying a loaded and unlicensed handgun, might be unconstitutional." ...
 

Should professional athletes carry handguns?
Submitted by: Bruce W. Krafft

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"It's easy to get caught up in a knee-jerk reaction to the most recent example of a professional athlete winning the modern MVP Award - Most Visible Pea-brain."

"But Plaxico Burress' obvious stupidity doesn't justify eliminating a whole class of citizens from rights afforded under the Second Amendment any more than rogue reporter Jayson Blair's transgressions should be the rationale for curtailing protections under the First."

"The absolutely appropriate fallout includes Burress being suspended by the New York Giants and the charges he faces for illegal gun possession, which could mean serious prison time." ...
 

AK: Trapper Creek man is shot, then arrested
Submitted by: Bruce W. Krafft

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"A shootout at Trapper Creek on Sunday ended with one man both shot and then arrested after he and a neighbor faced off during a domestic dispute, Alaska State Troopers said." ...

"According to troopers, the altercation started when Blodgett got into a fight with a woman at his home on East Wolf Trail in Trapper Creek. The woman left and went to a nearby house on Bradley Road where the other man lived, Peters said."

"Blodgett followed her, pulled up to the house on a snowmachine and an argument started. Things escalated, and Blodgett fired multiple shots at the home and at the other man but did not hit him, Peters said."

"The other man returned fire and shot Blodgett in the leg, troopers said." ...
 

OH: Sheriff: Man Shot During Home Invasion
Submitted by: R.S.G.

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"Deputies in Gallia County are investigating a home invasion where one of the suspects was shot."

"The sheriff's office says it happened shortly after midnight on Clay Lick Road. They say that after the suspects broke into the home, they brandished a weapon at the homeowner. Investigators say the homeowner was able to get a shotgun and shoot one of the suspects in the shoulder. Both suspects were able to flee the scene." ...
 

CA: Auto shop owner acquitted in killing
Submitted by: Bruce W. Krafft

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"A San Francisco jury acquitted a Mission District auto shop owner Wednesday of homicide charges, finding he acted in self-defense when he fired at an armed man during an apparent extortion attempt."

"Jaime Gutierrez, 32, shot and killed Abraham Guerra, 37, on July 26, 2007, outside his auto repair shop ..."

"Prosecutors said Gutierrez had confronted Guerra with a shotgun. Gutierrez's attorney ... argued that his client was defending himself after Guerra fired a handgun at him."

"After the shooting, Gutierrez drove Guerra to the Ingleside Police Station ..."

"Gutierrez was acquitted of murder and manslaughter but was convicted of being a felon in possession of a gun. He had a previous drug conviction." ...
 

NY: 'Right to Bare'[sic] Could Have Kept Mumbai Safe
Submitted by: Bruce W. Krafft

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"Here's a thought experiment: imagine a situation where ten gunmen don't have the ability to completely demobilize[sic] a city of 12 million. As the crises in Mumbai has shown us, government sponsored anti-terrorism units, even well funded ones, can't be everywhere at once."

"India should take Israel's lead, to start with. The small, middle eastern country is no stranger to terrorist attacks and it relies mainly on private security forces to guard public buildings. In Israel, every place from banks to supermarkets has an ex-soldier carrying an AK-47s at the entrance."

"This is not the final answer, though. India has to repeal its antiquated weapons ban; laws which originate from the British occupation days ..." ...
 

India: Gun control, self-defense and terrorism in India
Submitted by: Bruce W. Krafft

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"I live in India and I am a proud firearm owner -- but I am the exception not the norm, an odd situation in a country with a proud martial heritage and a long history of firearm innovation. This is not because the people of India are averse to gun ownership, but instead due to Draconian anti-gun legislation going back to colonial times. To trace the roots of India's anti-gun legislation we need to step back to the latter half of the 19th century. The British had recently fought off a major Indian rebellion (the mutiny of 1857) and were busy putting in place measures to ensure that the events of 1857 were never repeated. ... the Indian masses were systematically being disarmed and the means of local firearm production destroyed ..." ...
 

Packing Heat -- Why we keep a gun in the house
Submitted by: Bruce W. Krafft

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"At a recent paediatrician's visit, the nurse asked me — as part of a series of standard questions — if we had any guns in our house. Like I always do, I answered with a quick, emphatic "no." I'm not sure why I lie, because we do, in fact, have a gun. My husband keeps one safely stored in a closet. It's unloaded and completely inaccessible to our daughters. Yet even though we are responsible gun owners, I guess admitting the truth makes me feel like a bad mother." ...

"... We keep a gun, one, because my husband is in the military, and two, for safety. I understand the statistics, and yet, they do not sway me. Instead I trust myself and my husband to determine how to protect our daughters. ..." ...
 

Lessons from Black Friday in Mumbai
Submitted by: Bruce W. Krafft

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"Most Americans transfixed by Black Friday sales at the local discount megamart completely ignored the terrorist attacks in Mumbai, India. Sadly, it's learning from such tragedies that might save your life someday."

"For those not familiar with the story, terrorists fighting for an independent Kashmir stormed several high profile hotels and other locations in Mumbai, resulting in at least 200 deaths as of this writing. Like the bombings that took place around the world prior to 9/11, Americans see the carnage in Mumbai as largely another issue they can ignore. As they see it, attacks similar to what happen in places like India don't happen here." ...
 

Massacre in Mumbai
Submitted by: Bruce W. Krafft

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... "... if there's a lesson to be gleaned from the [Mumbai] India massacre, it's that individuals ultimately are responsible for their personal safety. India has strict gun control laws that make it virtually impossible for private citizens to arm themselves, so they rely on armed professionals to protect them. However, there were reports from Mumbai that policemen at the train station failed to use their weapons to stop the terrorists as they gunned down innocents. How many innocent lives could have been saved had the terrorists immediately faced return fire from an armed populace?"

"Maybe that's why no one has attempted such an attack on U.S. soil. They know that many Americans would shoot back."
 

AK: Fort Richardson Soldier Dead Due to Army Policy
Submitted by: Dustin
Website: http://dustinsgunblog.blogspot.com

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"Unbelievable. Major General Stephan Layfield of Fort Richardson trusts his soldiers to bear full auto weapons when on base or on foreign battle fields to defend our Nation, but when it comes to defending their own lives on our streets, he disarms them of all weapons capable of causing physical injury. Not only is that unconstitutional, it's disgraceful." ...

"As a direct result of that idiotic Fort Richardson Army Policy, Army Sgt. Evan Minnear was defenseless when he was shot & killed by a Felon walking the streets of Anchorage Alaska who was already on probation for a previous Felony Assault. Army Sgt. Evan Minnear survived a 15 month tour in Iraq, but once home & disarmed he was unable to survive our city streets ..." ...
 

OH: Man Says Wife Was Accidentally Shot During Sex
Submitted by: Anonymous

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"A Tri-State woman is in critical condition Wednesday after police say her husband shot her while they were having sex."

"Timothy Havens, 38, told Springfield police he was reaching for something on the nightstand when the pistol went off, hitting his estranged wife Carolyn in the upper chest. ..." ...

"This is isn't the first time there's been trouble for the Havens. Court documents showed Timothy served 60 days in jail for assaulting his wife and was ordered to go to anger management classes."

"His arrest Tuesday for the weekend shooting was for violating a civil protection order that Carolyn had taken out against him earlier this year." ...
 

TX: Precinct 1 Constable announces resignation
Submitted by: Anonymous

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"Cameron County Precinct 1 Constable Jose 'Joe' G. Maldonado Jr. will resign from his position on Jan. 2, one day after he takes office following his November general election win, according to the Cameron County District Attorney's Office."

"In exchange for his resignation, the district attorney's office will not file criminal charges against Maldonado pertaining to an October incident in which he let a friend fire his county issue weapon."

"Authorities said Maldonado was also intoxicated at the time of the incident, which occurred outside a residence in San Benito."
 

PA: Students debate current issues
Submitted by: Bruce W. Krafft

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"A panel of students from three political groups faced an audience of more than 30 Wednesday as the panel debated about the health care, gun control and the economy."

"Seven students representing the College Republicans, College Libertarians and College Democrats addressed the issues in turn ..." ...

"Gun control was another topic addressed. [Dem.] Crisman-Cox said rural and metropolitan areas have different needs relating to the issue."

"'Our cities have different sets of priorities than our countrysides,' he said."

"Brandon Means ... College Republican member, said 'the United States has all the gun laws it needs,' and rather than creating new laws, existing laws need to be enforced." ...
 

Dear Mr. President-elect, Please Don’t Make Me a Big Loser on Guns
Submitted by: Bruce W. Krafft

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"If you've followed my recent columns on gun rights, you know that I have a big bet on the table--not an all-in bet, hopefully, but really big!"

"My gun nutty friends are convinced President-elect Obama, his cabinet appointees and Nancy Pelosi & Co. have an ambitious plan to chip away at their already overly compromised gun rights. ..."

"Without doubt, our new administration and Congress has a lot of anti-gun baggage, but I've argued, unsuccessfully so far, that two colossal political realities will keep the Blue Tide from seriously pursuing any new gun laws." ...
 

DC: D.C.'s Evolving Gun Laws
Submitted by: Bruce W. Krafft

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"The D.C. City Council continues its herky-jerky reactions to the Supreme Court's Heller decision overturning its ban on usable guns in the home. Back in September, it finally gave in and obeyed the spirit of the Supreme Court decision ..."

"Yesterday, as the Washington Post reports, the D.C. Council gave"
"preliminary approval to legislation that would require gun owners to renew their registrations every three years and to notify police annually whether they still own guns."
"These sort of niggling restrictions on the right to have weapons in the home strike Alan Gura, the lawyer who successfully argued Heller before the Court, as similarly open to legal challenge ..." ...
 

Domestic Military Response
Submitted by: Larry

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"When the liberal American Civil Liberties Union and the libertarian Cato Institute are singing the same song, it's time to pay attention to the tune. The two organizations are rightfully concerned by the expansion of executive authority that is inherent in plans to have 20,000 troops inside the United States whose role is to respond to any domestic catastrophe. This homeland security role cries out for oversight and strict guidelines."

"Since 1878, in the wake of the Civil War, the military has been constrained by the Posse Comitatus Act from having a domestic law enforcement role under most circumstances. ..." ...
 

US mulls unusual tactic as Blackwater charges loom
Submitted by: motoboy

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"Blackwater Worldwide guards involved in the deadly 2007 Baghdad shooting of Iraqi civilians could face mandatory 30-year prison sentences under an aggressive anti-drug law being considered as the Justice Department readies indictments, people close to the case said." ...

"Though drugs were not involved in the Blackwater shooting, the Justice Department is pondering the use of a law, passed at the height of the nation's crack epidemic, to prosecute the guards. The Anti-Drug Abuse Act of 1988 law calls for 30-year prison terms for using machine guns to commit violent crimes of any kind, whether drug-related or not." ...
 

CT: New Haven Officer Arrested In Prostitute Case
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A veteran New Haven police officer suspended for allegedly patronizing a prostitute has been arrested on related charges.

Forty-five-year-old Officer Sam Streater is charged with patronizing a prostitute and patronizing a prostitute from a motor vehicle. He was off-duty at the time.

Streater was booked Wednesday and released. He had been suspended last month.

Police say Streater is the same officer who was discovered by other officers in September with a suspected prostitute in his personal vehicle.

According to an arrest warrant affidavit, the prostitute told police she engaged in a sexual act with Streater in his car for $20.
 

TX: U.S. Border Patrol agent indicted on bribery and drug trafficking charges
Submitted by: Anonymous

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"A U.S. Border Patrol agent assigned to the Rio Grande Valley Sector has been indicted on bribery and drug trafficking charges ..."

"Agent Salomon Ruiz, 34, of McAllen is being held without bond pending his Dec. 8 hearing in federal court."

"Ruiz was arrested without incident Wednesday by the FBI."

"The four-count indictment unsealed Wednesday alleges Ruiz received about $14,000 in bribes to escort drugs sometime between October 2006 and Sept. 11, 2008, according to a press release from the U.S. Attorney's Office."

"Ruiz is also accused of attempting to distribute cocaine sometime between June 7 and Sept. 11 of this year."

"The indictment was returned on Monday by a Houston federal grand jury."
 

VA: Former Portsmouth police officer indicted on charges of indecent liberties with minor
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A city police officer, now resigned, was indicted today on five counts each of indecent liberties with a minor and production of child pornography, the police department reported.

Paul Alonzo Ewing, of the 600 block of Shenandoah St., was a four-year veteran when he resigned in October, shortly after being arrested and charged with raping a 16-year-old acquaintance almost two years earlier.

A special prosecutor was to be appointed to handle the case, the city commonwealth's attorney’s office has said.
 

CA: Calif. probation officer arrested for molestation
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A federal probation officer from Redding has been arrested for allegedly molesting teenage girls.

Authorities say 45-year-old Joseph Gama surrendered to Redding police at his home on Wednesday.

Redding police launched their investigation last month after one of the alleged victims went to police. Sgt. Dean Stainberg says two other teenage girls have also accused Gama of similar charges.

Gama's family was honored in 2006 as the Shasta County Adoptive Family of the Year. Stainberg would not say if the girls lived at Gama's home.

His attorney, Eric Berg, did not immediately return a call Thursday from The Associated Press.

Gama was being held at the Shasta County jail in lieu of $1 million bail.
 

UK: Judge: No unlawful killing in death of Brazilian
Submitted by: Bruce W. Krafft

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"Jurors weighing evidence in a public inquest into the shooting death of a Brazilian man mistaken for a terrorist cannot find that he was unlawfully killed, a judge said Tuesday."

"The man's family immediately asked the High Court to review that directive."

Former High Court Judge Michael Wright, presiding at a coroner's inquest, told jurors that the evidence doesn't justify an unlawful killing verdict in the July 2005 death of 27-year-old Jean Charles de Menezes." ...
-------

H/t to David Codrea who points out: "Which can only mean that, in the UK, killing unarmed innocents is lawful."
 

Truth In Politics: Gun Sales Boom After Election
Submitted by: 45acp1911

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"Gun sellers say the election of Barack Obama is helping them avoid the recession. Sales of new guns are booming - up an estimated 50 percent in the suburbs."

"In Wednesday's Truth in Politics, CBS 2 Political Editor Mike Flannery reports the gun lobby spent big trying to defeat Obama this year, outraged by his promise to reinstate a ban on military-style assault weapons. On talk radio, he was denounced as a 'gun grabber.' Now, as Obama heads to the White House, millions are rushing to reload." ...
 

Gun Sales Skyrocket After 2008 Election
Submitted by: Bruce W. Krafft

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"Gun shop owners may not have voted for President-elect Barack Obama, but his recent victory has sent the fire-arm business through the roof."

"Between Nov. 3 and Nov. 9, the Federal Bureau of Investigation received 374,000 requests for background checks on gun buyers—49 percent more than the same time last year, CNN reported. Gun sales have also exceeded re-cords that followed Sept. 11 and weeks leading up to the Y2K scare of 2000. However, experts say the trend can-not be documented because local, state and federal agencies do not track gun sales, but dealers claim it’s no hoax." ...
 

OH: White-tailed Deer Hunters Score on Opening Day of Gun Season
Submitted by: Bruce W. Krafft

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"Ohio hunters were on the mark for opening day of the 2008 deer-gun season. Hunters took 33,034 white-tailed deer on Monday, according to the Ohio Department of Natural Resources (ODNR) Division of Wildlife. The deer-gun season remains open through Sunday, December 7, and then reopens for two days on Saturday and Sunday, December 20-21."

"The preliminary figures from deer check stations throughout the state show a significant increase from last year's opening day total of 19,391. Monday's weather was breezy with intermittent rain or snow across the state, a stark contrast to opening day 2007 when hunters were hampered by heavy rain." ...
 

 QUOTES TO REMEMBER
Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. — Thomas Jefferson, quoting Cesare Beccaria in On Crimes and punishment (1764).

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