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Newslinks for 3/21/2007

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SAF Supports Adventure Outdoors Battle Against Bloomberg
Submitted by: Bruce W. Krafft

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"The Second Amendment Foundation today confirmed that it is providing financial support to Adventure Outdoors of Smyrna, Georgia in a lawsuit against New York Mayor Michael Bloomberg and other New York defendants for attempting to ensnare and defame the store in Bloomberg's infamous 2006 gun shop 'sting.'"

"SAF's support was requested by attorney and former Georgia Congressman Bob Barr, now working at the Jasper, Georgia law offices of Edwin Marger, which represents Adventure Outdoors. SAF founder Alan M. Gottlieb said the foundation has sent a check to Marger, and promised to help bring public attention to the case." ...
 

Real hunters and shooters need to stand up to the NRA
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Before today's presidential candidates go courting the National Rifle Association for support (witness Mitt Romney's sudden enrollment), they should be aware of the case of Jim Zumbo. One of nation's most famous and respected hunting and outdoors journalists, Zumbo was professionally assassinated by NRA hysteria for simply uttering a single and — many hunters would say — reasonable point of view."

"Returning from a weekend hunting trip in which he witnessed people using semiautomatic, military-style weapons to hunt varmints, Zumbo dashed off a column for his blog on Outdoor Life in which he played devil's advocate, suggesting these weapons are not appropriate for hunting." [link added] ...
 

Tell Mayor Jackson That Cleveland Is NOT Above State Law!
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

On March 14th, Cleveland Mayor Frank Jackson announced that he would defy the law by continuing to enforce Cleveland's strict local gun laws.

Do you want to tell Mayor Jackson that he should comply with the law and not infringe on the Second Amendment rights of the citizens of Cleveland?

Do you want to tell Mayor Jackson that the City of Cleveland should focus on REAL criminals instead of trying to turn honest citizens into criminals?

Do you think Mayor Jackson should avoid wasting taxpayer money on yet another failed lawsuit to defend Ohio's antiquated Home Rule provision?

If so, call his Office of Communications at 216-664-2220

Remember to be POLITE!
 

Gun Control: Is Brady For or Against Workplace Safety?
Submitted by: Bruce W. Krafft

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"In Fall 2005, Brady Campaign published a report called Forced Entry: The National Rifle Association’s Campaign To Force Business To Accept Guns At Work. It includes the term 'CCW' 17 times by the end of page 1 and contains an appendix entitled 'CCW License Holders: 'Law-Abiding Citizens?'1 This makes it reasonable to infer that this report is just as much an attempt to condemn right-to-carry as it is an argument against permitting qualified employees to bear arms to or at work." ...
 

Gun rights: I’ll second that amendment
Submitted by: Bruce W. Krafft

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"On 9 March 2007, liberals lost a gun fight. The U. S. Court of Appeals for the District of Columbia decided to restore to citizens of Washington, D. C., a Constitutional right that had been denied them for 31 years. In a 2 to 1 decision, the court decided that the city’s law banning all handguns, requiring shotguns and rifles to be disassembled or locked while in the home, and additionally requiring a permit to keep such guns in the home, was a violation of the right to keep and bear arms guaranteed by the Second Amendment."

"Thanks to this enlightened decision, citizens of a city with a high rate of violent crime (20% higher than the national average in 2004) can now legally defend their homes and families with firearms. ..." ...
 

Unalarming, impeccable ruling
Submitted by: Bruce W. Krafft

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"The U.S. Court of Appeals for the District of Columbia Circuit upheld a constitutional right of individuals to keep handguns suitable for militia duty in the home under the Second Amendment in Parker v. District of Columbia (March 9, 2007). Writing for a 2-1 panel majority, Judge Laurence Silberman convincingly demonstrated that any other conclusion would require flouting language carefully chosen by the Founding Fathers and the Second Amendment's self-defense purposes. His opinion sets a standard of constitutional interpretation to which the wise and honest may repair." ...

"Every provision of the Bill of Rights ... protects individual rights. The First Amendment, for example, guarantees an individual right to free speech. ..." ...
 

George Will: Ah, the gun control issue is back
Submitted by: Bruce W. Krafft

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"By striking down the District of Columbia's extraordinarily strict gun control law, which essentially bans guns, a federal appeals court may have revived gun control as a political issue." ...

"If the Supreme Court reverses the appeals court's ruling and upholds the D.C. gun law, states and localities will be empowered to treat the Second Amendment as the D.C. law does -- as a nullity."

"This will bring the gun control issue -- and millions of gun owners -- back to a roiling boil."

"That is not in the interest of the Democratic Party, which is supported by most ardent supporters of gun control."
 

D.C. Gun Ban in the Cross Hairs
Submitted by: Bruce W. Krafft

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"In a blockbuster opinion from the U.S. Court of Appeals for the District of Columbia Circuit, Senior Judge Laurence H. Silberman, joined by Judge Thomas B. Griffith, ruled that 'the Second Amendment protects an individual right to keep and bear arms.' ...

"Meanwhile, some members of Congress would like to repeal the D.C. ban. Would their bill keep Parker out of the Supreme Court? How will gun laws in other jurisdictions be affected? What role should Congress play? And is D.C., because it's not a state, exempt from the Second Amendment? For a discussion of those and other questions, please join Alan Gura, lead counsel, and Robert A. Levy, co-counsel to the plaintiffs in Parker v. District of Columbia." ...
 

Madison, Mason, Smith & Wesson
Submitted by: Bruce W. Krafft

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from keeping handguns in their homes give 'a new and dangerous meaning to the Second Amendment?' Or does it restore the Founders' intent?"

"The hyperbole above comes to us courtesy of a Washington Post editorial that takes issue with last week's first-ever appeals-court decision holding a gun-control law unconstitutional on the ground that the Second Amendment protects the rights of individuals, as opposed to the collective rights of state militias."

"The Post blasts the ruling by the D.C. Circuit as an 'unconscionable campaign . . . to broadly reinterpret the Constitution so as to give individuals Second Amendment Rights.' Not according to the guys who wrote it." ...
 

John Longenecker: D.C.'s Gun Ban Is Itself Banned!
Submitted by: Bruce W. Krafft

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"As you may have heard the week of March 9th, 2007, the Court Of Appeals tossed out the Washington, D.C. gun ban and declared it unconstitutional."

"That's right – Unconstitutional. It may go to the Supreme Court, but for now, it's ruled by an Appeal Courts and it has legal significance. There is a 30-day stay of execution, I believe, and D.C. Mare Fenty has announced that his city intends to defy the court ruling and continue to enforce the ban."

"Nation of laws, my eye. Don't ever trust a liberal who ever says again that we are a nation of laws."

"There is no such thing as sensible gun laws."

"This week's commentary centers around the reaction of the drones who want gun bans in place. But why?" ...
 

WI: Study Constitution (multiple letters)
Submitted by: Bruce W. Krafft

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"Judging from the March 16 editorial 'A deadly wrong ruling,' the Journal Sentinel's Editorial Board needs to do its homework when it comes to the Constitution."

"The editorial repeated the mistaken notion perpetuated by anti-gun groups that the Second Amendment confers the right to keep and bear arms on states and not on individuals. This notion flies in the face of the writings of the authors of the Bill of Rights prior to the drafting of the Constitution and ignores academic research and legal precedent regarding the amendment." ...
 

D.C. court reinterprets Constitution in handgun case
Submitted by: Bruce W. Krafft

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"The D.C. Circuit federal appeals court recently announced a very troubling decision. The all-Republican-appointed, three-judge panel ruled 2-1 to repeal a D.C. ban on handguns in homes, according to The Washington Post." ...

"'The only people who have anything to fear from a decision like this are the people who intend to break into someone's home in the middle of the night,' said Wayne LaPierre, executive vice president of the National Rifle Association."

"Nice try, NRA, but not true."

"How about city officials who find that this sort of decision raises overall gun ownership, increasing violence on the streets and making crime harder to quell?" ...
-------

Submitter's Note: Read "More Guns, Less Crime".
 

CA: D.C. Gun Case Likely To Validate California’s Firearm Regulatory Scheme – Enacted By Democrats Over N.R.A. Objections
Submitted by: Bruce W. Krafft

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"A Federal Appeals Court recently struck down as unconstitutional a Washington City ordinance banning private possession of handguns, saying the law violated the Second Amendment ... What the DC Circuit Court granted in terms of the relief requested and granted the in opinion by Judge Larry Silberman was to create a regulated system of acquisition and possession (including carrying) of registered handguns ..." ...

"While this case would appear to validate the long-standing position of the NRA on the Constitutional right of individuals to possess firearms, it is unlikely to say the least that it will have any substantial effect on those State’s that have established rational regulatory schemes." ...
 

IA: Shooting Victim's Sister Pushes for Manslaughter Charge
Submitted by: barbarossa58

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"The sister of a Des Moines woman who was shot to death over the weekend says her family believes a charge of manslaughter is appropriate because of the circumstances surrounding the case."

"Police disagree and have said they do not plan to file charges." ...

"Burgess, 45, was shot to death early Saturday on a fire escape outside a window to Shasta Bell's apartment ..."

"Bell said she feared an intruder was breaking into her apartment ... about 3:20 a.m."

"She fired a shotgun through the window, hitting Burgess in the head and killing her."

"Police, after conferring with the Polk County attorney's office, decided that Bell fired in self defense and would not face criminal charges in the incident." ...
 

KY: Homeowner fatally shoots Intruder
Submitted by: Anonymous

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"Covington police are investigating an early morning shooting in which a homeowner shot and killed an intruder."

"Jerry Setzer, 44, a 12-year resident of the home at 329 Delmar Street, shot the intruder about 3:30 a.m., police said."

"Police have not yet named the intruder, a white male, pending notification of his family."

"He was taken to St. Elizabeth Medical Center South, where he was pronounced dead from the wounds." ...-------

Submitter's Note: Once again, the new "castle doctrine" law in Kentucky works like a charm.
 

TX: House approves force-against-intruders bill
Submitted by: Bruce W. Krafft

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"The state House today approved legislation to give Texans a stronger legal right to defend themselves with force against intruders."

"The House voted 133-to-13 to sent the bill to Governor Rick Perry for his signature."

"The self-defense bill was backed by the National Rifle Association and is based on a common-law principle called the 'Castle Doctrine.' The concept is that a man's home is his castle and he has the right to defend it."

"The Senate approved the bill last week. Republican Senator Jeff Wentworth of San Antonio says his bill would create a legal presumption that an intruder intends to cause death or great bodily harm. That would mean that victims have the right to use deadly force." ...
 

Rudy's Gun-Control Agenda
Submitted by: Anonymous

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The 2007 version of Rudy Giuliani defends his past support of gun control as a necessary evil to fight crime in a big city.

When pressed recently about his views on the 2nd Amendment by Sean Hannity of Fox News, Giuliani attempted to tap dance around his gun-control record without alienating the 290 million Americans who don't live in New York City. The former mayor told Hannity that gun control was "appropriate" for the city, but that states and cities should be allowed to make those decisions locally.

Apparently, in Giuliani's America, law-abiding citizens in large cities would not enjoy the same constitutional liberties as the rest of the country. Are metro-Americans not deserving of the right to self-protection?
 

TX: Self-Defense Bill Moves To Governor
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

House lawmakers approved legislation Tuesday to give Texans stronger rights to defend themselves against intruders.

The Senate approved the update to the Castle Doctrine last week. The bill moves to Governor Rick Perry.

Under the bill, the law would presume an intruder intends to cause death or bodily harm, which gives victims the right to use deadly force.
 

Watchdog Calls FBI Abuses Inexcusable
Submitted by: Bruce W. Krafft

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"The FBI engaged in widespread and serious misuse of its authority in illegally gathering telephone, e-mail and financial records of Americans and foreigners while hunting terrorists, the Justice Department's chief inspector said Tuesday."

"The FBI's failure to establish sufficient controls or oversight for collecting the information through so-called national security letters constituted 'serious and unacceptable' failures, said Glenn A. Fine, the internal watchdog who revealed the data-gathering abuses in a 130-page report last week."

"Testifying before the House Judiciary Committee, Fine said he did not believe the problems were intentional, but were generally the result of confusion and carelessness." ...
 

Letters to Chester
Submitted by: Bruce W. Krafft

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"Well, it’s been quite a week. In my Tuesday column, I wrote about the firing of noted gun writer Jim Zumbo from 'Outdoor Life' magazine. ..."

"Zumbo’s blog ignited a firestorm from many firearms owners." ...

"I wrote that torching Zumbo for one blog was troubling to me, as it showed a lack of tolerance in the outdoors community for different opinions. All of us who hunt, fish, shoot or do just about anything outdoors depend on society’s tolerance to continue our sports. If we can’t tolerate each other, how can we expect society at large to tolerate us?"

"Anyway, lots of letters and e-mails and phone calls — pro and con — came in."

"Thanks to all who wrote and called."

"Here is a selection:" ...
 

OH: Responding to Brady: The Letter the Blade refused to print (BFA)
Submitted by: Bruce W. Krafft

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"Editor's Note: The following letter was submitted to the Toledo Blade in response to an op-ed written by the John Shanks, Director of the Law Enforcement Relations for the Brady Center to Prevent Gun Violence. True to form, Shanks jumped at the opportunity to dance in the blood of a slain Toledo police officer, who died despite a plethura of failed Toledo gun control laws. The anti-gun Blade has not seen fit to publish this rebuttal." ...

"Under current law both suspects charged ... were prohibited from legally buying handguns. I find it interesting that in fact both of these suspects apparently violated most of the Toledo firearms laws and neither has been charged with these violations, now or for their past violations. Why?" ...
 

NJ: Recent gun trace data barred to city officials
Submitted by: Bruce W. Krafft

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"A quick glance at federal gun data for Jersey City reveals most revolvers and semi-automatic weapons used by young adults in crimes in 2000 came from the South and Midwest."

"It would take an act of Congress to get that same data today."

"Or to learn the names of out-of-state firearms dealers who sell the weapons to gun traffickers. Or their 'straw purchasers,' ..."

"That's what Jersey City officials learned last month, when they were denied data on guns used and recovered in local crimes." ...

"... the amendment permits ATF to release data on gun traces to law enforcement agencies and prosecutors involved in what it describes as 'bona fide criminal investigations and prosecutions.'" ...
 

VA: Should concealed-gun information be public?
Submitted by: Bruce W. Krafft

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"A state committee will study whether concealed weapon permit information should remain public record after a Roanoke newspaper ignited controversy by posting on the Internet a list of permit holders."

"The Virginia Freedom of Information Advisory Committee yesterday decided to appoint a subcommittee to investigate the issue over the next few months."

"The controversy started just last week when the Roanoke Times published, on its Web site, a list of all concealed-weapon permit holders in the state."

"The list came from the state police, which is required by law to maintain that list, but the information is also subject to the Freedom of Information Act and is public record." ...
 

OH: Gun-permit case raises issue: Who is a journalist?
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Anyone with a Web site or a newsletter may one day gain access to a list that has been hidden from the public for years."

"And if that happens, it could change the way Ohio labels journalists and how people who report and gather the news do their jobs."

"A request last week by a gun-rights group to see concealed-carry permits has sparked debate about the muddy definition of a journalist in Ohio. Under state law, only journalists may view those permits. Jeff Garvas, the president of Ohioans for Concealed Carry, said his Web site and newsletter gave him proper credentials to see the list, and he asked county sheriffs for the lists to do a statistical analysis on the 60,000 permit holders." ...
 

CO: Colorado park overrun by burgeoning elk herd
Submitted by: Bruce W. Krafft

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"Even die-hard elk lovers concede that Estes Park might have too much of a good thing."

"The elk mosey through the downtown, stop traffic and cross the main drag like half-ton jaywalkers. They camp out by the dozens on front lawns and driveways. They get stuck in swing sets. They give birth on the golf course." ...

"The elk live in Rocky Mountain National Park, adjacent to Estes Park. In a draft proposal released last year, the National Park Service suggested hiring sharpshooters to thin the herd from 3,000 to about 1,700 over a 20-year period."

"The plan would cost $18 million, which some locals see as a waste of money because there are qualified sportsmen who would pay top dollar to do the honors. ..." ...
 

PA: Mayor out of coalition
Submitted by: Bruce W. Krafft

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"Mayor Mary B. Wolf has dissolved her association with the 'Mayors Against Illegal Guns' coalition, a group promoted by New York City Mayor Michael Bloomberg."

"Wolf met Bloomberg along with other mayors last September in Harrisburg while attending a news conference sponsored by the Pennsylvania League of Cities and Municipalities."

"Wolf confirmed the move Monday when asked about a news release issued by the Second Amendment Foundation claiming she and other mayors had dropped out of the coalition because they found some of Bloomberg's positions in 'conflict with legal gun ownership.'" ...

"She said she dropped out of the coalition because Bloomberg’s overall positions on gun issues do not conform with hers." ...
 

UK: Knife action
Submitted by: Bruce W. Krafft

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"IN demanding tougher sentences for the perpetrators of knife-related crime, Britain's political leaders have, once again, sought a quick-fix when a more fundamental review is required."

"The need to tackle this country's growing knife culture is self-explanatory following the recent spate of murders, and also growing concerns about the number of pupils attending Yorkshire schools equipped with offensive weapons." ...

"Indeed, it is the failure of the police and MPs to recognise this reality which has created a climate where many young people either regard knives as a fashion accessory or as a means of self-defence." ...
 

 QUOTES TO REMEMBER
Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction. — St. George Tucker, in his edition of 'Blackstone's Commentaries,' 1:300 (1803).

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