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Newslinks for 2/26/2008

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NC: Law says self-defense ends when threat ceases
Submitted by: Mark A. Taff
Website: www.marktaff.com

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When Stan Moretti saw his wife being threatened by a man with a knife, he rushed to her defense.

He pushed through the door of Primo Pizza on Yadkin Road and fired two warning shots, Fayetteville police said.
The man dropped his knife and ran, police said.

Police say the 41-year-old Moretti then jumped into his GMC Yukon and chased down the man, identified as Aaron Lazarus McLeod. Investigators say that when Moretti caught McLeod, he ran him down, then drove his car over him twice more.

No charges have been filed against McLeod — who was in UNC Hospitals in Chapel Hill on Monday — but Moretti has been charged with felony assault.
 

WV: Public Has Right To Gun Information
Submitted by: West Virginia Citizens Defense League
Website: http://www.wvcdl.org/

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To their credit, many members of the West Virginia Legislature are willing to change their minds about important issues. Having heard arguments that persuade them to support a bill one day, they display the character and leadership to alter their stances when presented with more thoughtful points of view.

That appears to be what happened with a bill in the House of Delegates, to make it virtually impossible for the public to obtain information about those in our communities who obtain permits to carry concealed firearms.

At one point it appeared that the bill would pass. But late this week, House leaders placed it on the “inactive” calendar.
 

Park Rangers Oppose Bid to Ease Gun Ban
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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Park rangers, retirees and conservation groups are protesting a plan by the Interior Department to reconsider regulations restricting loaded guns in national parks. The groups say current regulations requiring that visitors to national parks render their weapons inaccessible were working and have made national parks among the safest places in America. "Loaded guns are not needed and are not appropriate in our national parks," said Doug Morris, a retired park superintendent and member of the Coalition of National Park Service Retirees. The plan to reconsider the gun regulations "could break what is not broken and change the nature of our national parks," Morris said Monday.
 

Journal of the House of Representatives of the United States, "by personally interfering with arms", Jan. 2, 1845
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"...That John Pitman, United States judge . . . John T. Pitman, clerk of the United States courts . . . Edward J. Mallett, postmaster . . . William R. Watson, collector of customs . . . Sylvester Hartshorn, marshal of the United States . . . Richard W. Greene, attorney of the United States . . . Peleg Aborn, surveyor . . . Remington Arnold, inspector of customs; and Elisha H. Rhodes, United States boatman . . . by personally interfering with arms, in a military capacity, in the late political contest of the people of Rhode Island, growing out of the attempt to establish a constitution for said State, have been guilty of conduct unauthorized by the constitution and laws of the United States..."
 

OH: Killer apologizes, asks jury to spare him
Submitted by: Bruce W. Krafft

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"A former police officer convicted of murdering his girlfriend and their unborn child tearfully apologized to her family Monday in front of the jury that will decide whether he lives or dies."

"'It was a nightmare that will continue to haunt me for the rest of my days,' said Bobby Cutts, Jr., 30, reading from a prepared statement at the penalty phase of his murder trial."

"'Ladies and gentlemen of the jury, I'm asking you to spare my life.'"

"Cutts was convicted on February 15 of the murder of girlfriend Jessie Marie Davis and the aggravated murder of the unborn girl Davis had planned to name Chloe." ...
 

ATF nominee in the crossfire
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com/

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President Bush has accused Senate Democrats of unfairly holding up scores of appointments he has made to the federal bench and other senior government positions. The nominees, many of whom have been awaiting Senate confirmation for months, are being treated like "political pawns," Bush said earlier this month.

Michael J. Sullivan, the president's choice to head the Bureau of Alcohol, Tobacco, Firearms and Explosives, is one of them. But his problems aren't with Democrats.

Sullivan, a U.S. attorney from Massachusetts, was appointed by Bush to head the ATF nearly a year ago, making him one of the president's longer-serving stalled nominees.
 

Nathaniel G. Taylor to Abraham Lincoln, "The people . . . Unswervingly Loyal all the time -- though disarmed by organized power", Oct. 27, 1864
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"...The people of Upper E. Tenn and Western N Carolina merit the protection of the Federal arms. Unswervingly Loyal all the time -- though disarmed by organized power -- they have witnessed the Conscription into the Rebel ranks of many of their patriotic sons -- the cruel slaughter -- by the rifle the knife & the rope of hundreds of others -- the pillage of all their property -- the desecration of their altars the arson of their houses -- the insult & violation of their women -- the destruction of their homes -- and the devastation of their lands; and after all this -- the wretched survivors of a four yours reign of terror destitute famine..."
 

MA: Mass. gun safety laws among best, group says
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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Massachusetts has tied with neighboring Connecticut for third place in the nation for having strong gun laws aimed at keeping criminals and other perpetrators from easy access to weapons, according to the Brady Campaign to Prevent Gun Violence. The watchdog organization, based in the nation's capital, scores states on their gun legislation and issues annual report cards. States may score up to 100 points across five major categories of laws, including the curbing of firearm trafficking, strengthening criminal background checks, child safety, bans of military-style assault weapons, and laws to make it more difficult to carry weapons in public places.
 

DE: Guns in the workplace is a matter best resolved by our judicial system
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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Some state legislatures are willing to step up to the defense of workers who want to carry weapons to work by passing laws that strike down employers' bans of guns on company property. This is sparking more than a constitutional debate between the National Rifle Association and its detractors. Employees are being threatened with loss of jobs if they refuse to honor their companies' ban on weapons at work. Additionally, companies are making a property rights argument, some even filing lawsuits against legislation that seeks to make these bans illegal. And both sides use self defense as their leading argument.
 

AR: Homeowner Shoots, Kills Man Who Breaks In
Submitted by: Arkansas Concealed Carry Association
Website: http://www.arkansascca.org/index.html

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Yell County authorities say a homeowner shot and killed one of two men who broke in to his home Wednesday night.

The sheriff says 44 year old Mike Jensen of Dardanelle carried an assault rifle as he made his way down the hallway after kicking in the door with another man.

The homeowner shot and killed Jensen with a shotgun and the other man fled in a vehicle.

The sheriff says it's unlikely any charges will be filed against the homeowner.

Submitter's note: A homeowner in Arkansas uses deadly force to defend himself against intruders armed with an "assault weapon." No word on what constitutes an assault weapon in this case.

This from Todays THV, "Yell County authorities say a homeowner shot and killed one of two men who broke in to his home Wednesday night.

The sheriff says 44 year old Mike Jensen of Dardanelle carried an assault rifle as he made his way down the hallway after kicking in the door with another man.

The homeowner shot and killed Jensen with a shotgun and the other man fled in a vehicle.

The sheriff says it's unlikely any charges will be filed against the homeowner."

 

Supreme Court Sets Heller Case Argument Schedule
Submitted by: Brent Greer
Website: http://thereadyline.blogspot.com

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In a brief order on today's order list the Supreme Court dashed the hopes of gun rights advocates who hoped to have two lawyers and additional time arguing their cause before the Supreme Court when it hears arguments in the historic case D.C. v. Heller on March 18.

So, even though Clement's brief lends support to both sides, the net effect of today's Court action is that the justices will hear 45 minutes of advocacy from those who want the lower court ruling eliminated, and 30 minutes from those who want it upheld.

Sort of . . .

 

PA: Sometimes Family And Politics Don't Mix
Submitted by: Brent Greer
Website: http://thereadyline.blogspot.com

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A Pennsylvania man allegedly stabbed his brother-in-law in the stomach after the pair quarreled about their respective support of Democratic presidential candidates Barack Obama and Hillary Clinton.

Shurelds, an Obama supporter, told Ortiz that the Illinois senator was "trashing" Clinton (apparently in regard to recent primary and caucus results). Ortiz, a Clinton supporter, replied that "Obama was not a realist."

What should be done? Ban the assault knives. For the children.
 

LA Times on "Maximum Mike"
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com/

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The nominees, many of whom have been awaiting Senate confirmation for months, are being treated like "political pawns," Bush said earlier this month.

Michael J. Sullivan, the president's choice to head the Bureau of Alcohol, Tobacco, Firearms and Explosives, is one of them.

That's one hell of an unfounded assumption to jump to, particularly since The Times had access to Ryan's blog.

It's nice to see him get some ink and attention, but the tone of this makes "Maximum Mike" the victim, and totally ignores the intimidation and vendetta that are the hallmarks of BATFU.
 

MN: Judge rules Hastings teen killed in self-defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A Dakota County judge found the Hastings teenager not guilty of second-degree murder in the fatal stabbing of his classmate, 16-year-old Trent Griebling, who died moments after a fight between the two former friends last summer.

At trial, Beckles never denied stabbing Griebling in the heart and lungs. But with no other witnesses to the altercation,
Judge Patrice Sutherland determined he acted in self-defense Aug. 26, the night Griebling, who was high on methamphetamine, chased him out a second-floor window and allegedly slashed his arm.

Now, some are asking why the case was brought forward in the first place.

"This case never should have been tried," said Lawrence Nichols, Beckles' attorney.
 

ME: Tragedy motivates a clash of gun control and public safety concerns
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Shortly after the NIU shootings, several students began posting to the UMaine forum. Trevor Taylor, a fourth-year biology major, made a post that received several replies. Taylor believes those who are able to legally carry a concealed gun outside of campus should be able to carry one on campus if they choose, including class.

"I also feel that anyone, whether on or off campus, that gets a concealed weapon for self-defense should enroll in combat training of some sort," Taylor said. "However, I do feel as though guns should be kept away from dorms, fraternities and sororities."

Taylor said his post was advocating consistency between the laws for concealed weapons that apply to campus and those that apply to off campus.
 

[Supreme] Court adds three new cases
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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*** Complete Heller-related Text ***

The Court expanded the time for the oral argument scheduled for March 18 on the scope of the Second Amendment and the right to have guns for private use, allowing the U.S. Solicitor General to join in the argument. The Solicitor General asked for 15 minutes of time, apart from the time allotted to each side (30 minutes each); that is the arrangement the Court allowed. The Court, however, refused to allow the state of Texas and other states to share time with the D.C. resident, Dick Heller, who successfully challenged the D.C. handgun ban in the D.C. Circuit Court. (The case is District of Columbia v. Heller, 07-290).
 

CCRKBA Suggests Investigation of Ammunition Coding Campaign
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Citizens Committee for the Right to Keep and Bear Arms today is calling on lawmakers in the states of Washington, Arizona, New York, Illinois, Hawaii and several other states to scrutinize legislation that would require ammunition coding, because it mandates a soul source monopoly for a Seattle-based company that owns the technology.

Based on a story in the new edition of Gun Week, and a look at virtually identical legislation that has been introduced in several states, CCRKBA Chairman Alan Gottlieb said there are serious questions that need to be addressed about these measures, and the effort to pass them into law.
 

VA: Police should shoot only in self-defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Police should not have a right to fire upon anyone unless they have been fired on first, and they certainly shouldn't be allowed to use deadly force unless truly called for. (How about wounding people in the leg?)

Yes, they have a right to defend themselves, but that's just it: Unless they have been fired on they aren't defending themselves, they are assuming the roles of judge, jury and executioner, and we never know the real truth because the other party isn't around to tell his side.

If you are so scared you are shooting people because you thought their comb, wallet, cellphone, etc. looked like a gun, you need to do two things: have your eyes checked and find another job.
 

NY: Trial for cops in Sean Bell shooting to start
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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His killer was a cop.

That much, at least, is clear from the way 23-year-old Sean Bell was shot dead in a confrontation with police early on Nov. 25, 2006, outside a notorious strip club in Jamaica. He died just hours before his wedding.

Tomorrow in State Supreme Court in Kew Gardens, three of the detectives who were among five plainclothes officers who fired their weapons a total of 50 times will go on trial in connection with Bell's death. Bell's fiance, Nicole Paultre Bell, is expected to be the leadoff witness.
 

NJ: Had enough gun violence? A gun advocate speaks out.
Submitted by: Anonymous

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John Rosenthal, cofounder of Stop Handgun Violence, the American Hunters and Shooters Association, and Common Sense About Kids and Guns, says that in the wake of a horrific campus shooting at NIU, national gun laws must be strengthened.


 

AZ: Tasers in demand in Tempe but banned on ASU campus
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Both women didn't know Tasers are illegal on ASU's campus.

University officials consider it a weapon, which is why they are banned.

They recommend students do not walk alone and take self-defense classes.

They also suggested buying a whistle but most students said they don't think anyone would respond to someone blowing a whistle.

Right now Arizona lawmakers are considering a measure that would allow people with concealed weapons permits to enter school grounds.

If that passes, ASU says at that time tasers would be welcomed.
 

NC: Guns becoming more common at work
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Charlotte-Mecklenburg police say 54-year-old James Henry Brewer from Charlotte was shot and killed on Saturday night at a Cricket Store on Mount Holly Huntersville Road.

They believe he was shot dead by a store employee, after he tried to rob the business. Officer Hassan Peterson with CMPD says detectives are still investigating the case. When they’re finished, they will hand the case over to the district
attorney to decide if any charges will be filed
 

TX: Texas Castle Law Debate
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In Texas, criminals now have more to worry about than the neighborhood watch. Like the man caught stealing from a yard outside Houston.

Since September, more Texans have been shooting first...and asking questions later...thanks to a new state law that permits deadly force, not only in homes...but cars...and workplaces. It also removes any obligation to retreat first, if possible.
 

ID: The gun debate: rights and responsibilities
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Should we be allowed to carry concealed weapons on campus? ... I've thought a lot on this subject over the past several days and to be honest, I'm not so much concerned as to whether or not guns should be allowed on campus, but rather how seriously those who choose to carry a gun take that responsibility. It's a sad fact that in these modern times, our society has become one of finger pointing, blaming and ducking our responsibilities. Common sense has become a thing of legend and myth. Everyone seeks to have someone else make decisions and solve problems for them. Everything seems to be someone else's fault and very few are willing to accept responsibility for their actions and the consequences that come from those actions.
 

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An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. — Isaiah Amberay

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