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SAF Victory Strikes Down North Carolina Emergency Powers Gun Ban
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Bruce W. Krafft
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"A federal district court judge in North Carolina has just struck down that state’s emergency power to impose a ban on firearms and ammunition outside the home during a declared emergency, ruling that the provision violates the Second Amendment right to keep and bear arms."
"The case, Bateman v. Purdue, was brought by the Second Amendment Foundation, Grass Roots North Carolina FFE and three individual plaintiffs. Defendants in the case were Gov. Beverly Purdue and Reuben F. Young, secretary of the state’s Department of Crime Control and Public Safety, in their official capacities." ... |
What if Trayvon Martin had killed George Zimmerman?
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Bruce W. Krafft
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... "In all the indictments I’ve seen against Trayvon Martin, none of them add up to any more than he wasn’t perfect (guilty on all charges here) and that he fit a stereotype profile. ..."
"Back in my first column on this tragedy, I noted a report by Walter Olsen writing at Cato@Liberty, where he reminded us that 'a robust right of self-defense has historically proved to protect the interests of victims of domestic violence and racial minorities.'"
"I then asked a question that I believe merits a fair discussion:""Assuming he was not the aggressor, what if Martin had stood his ground and managed to kill Zimmerman? Would not those rallying behind his memory want to use the law to rally to his defense?" ... |
I Love My Guns
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Bruce W. Krafft
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"Some recent comments on various message boards frequented by shooters indicate that a few people are either changing their minds or are bowing to the politically correct pressure of the day. They have begun to assert that they do NOT 'love their guns' and only view them as necessary tools."
"While I couldn't agree more that guns are simply tools, pretty much like any others, I don't know why that would make them unlovable. Most men love their tools, all different kinds..."
"But, you might ask, just what is it that we (who still profess it anyway) actually love about guns? Aren't they killing machines, good only for harming others? We hear that a lot."
"So, why do I love my guns? Let me count the ways." ... |
On Sheep, Wolves, and Sheepdogs
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Bruce W. Krafft
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... "Thus there is a paradox ... We may well be in the most violent times in history, but violence is still remarkably rare. This is because most citizens are kind, decent people who are not capable of hurting each other, except by accident or under extreme provocation."
"They are sheep. I mean nothing negative by calling them sheep. To me, it is like the pretty, blue robin’s egg. Inside it is soft and gooey but someday it will grow into something wonderful. But the egg cannot survive without its hard blue shell. Police officers, soldiers, and other warriors are like that shell, and someday the civilization they protect will grow into something wonderful. For now, though, they need warriors to protect them from the predators." ... |
Question of the Day: Do You Train According to Your Ammo Capacity?
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Bruce W. Krafft
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"I've been thinking about Robert Fargo’s question How much ammo do you carry? I've been wondering how a shooter's available ammo supply relates to their strategy and training for a defensive gun use (DGU). A shooter who carries a snub-nosed revolver without spare ammunition has far fewer options that the citizen carrying a high capacity service pistol and several spare magazines. The difference can range anywhere between five to 50 (or more) rounds. Is that a life-or-death difference? Or is training the key variable no matter how many (or few) rounds you carry? Conventional wisdom says . . ." ... |
Self-Defense Tip of the Day: Sit With Your Back to the Wall
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Bruce W. Krafft
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"Normally, I take the last seat at the bar at my local Sushi joint. It’s near the kitchen. I have an excellent view of the room and a chance of escape should worst come to worst. Why not? It doesn’t cost me anything to sit with my back to the wall. Unfortunately, my normal seat wasn’t available last night. So I sat in the middle of the bar with my back to the door. The tsuris came from two seats over. A wild-eyed woman who recognized me (but I not her) started lacing into me about guns. I said 'I don’t think we should talk' and moved to a table at the corner. I kept a close eye on my antagonist—and decided I’d never make the same mistake again . . ."
"This threat had announced itself. What if I hadn’t seen it coming? ..." ... |
Model Creep: When Guns Aren’t So NEW and IMPROVED
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Bruce W. Krafft
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"Whenever I read or hear the phrases 'new', 'improved' or 'now with even more features' I find that another cliché bubbles up inside of me: you damned kids get off my lawn! Because I’m feeling a bit like a crotchety ol’ coot these days and I think I know the reason. I have been reviewing a lot of classic guns recently and during my research for these articles I have been noticing entirely too much model creep in these vintage offerings. What is model creep? When you take a basic, functional item, and keep adding 'extras' and 'improvements' every year or two in order to make it the 'new hotness', only to find you're slowly sacrificing all those simple qualities that made it a classic to start with." ... |
Gun laws are out of control in U.S.
Submitted by:
Bruce W. Krafft
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"The National Rifle Association has run amok and is taking the country with it. NRA is a total misnomer. Better NAWABARA: National Any Weapon Any Body Any Reason Association."
"NRA used to stand for gun safety and protecting sport use. Now it lobbies with great success for right to carry, must issue and stand your ground. They have moved well beyond concern for the Second Amendment." ... |
OH: Confirmed: Anti-gun groups used Ohio school spree killing to grow their email list
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Bruce W. Krafft
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"One month ago we all witnessed the terrible tragedy that claimed three lives in Chardon. While most of the state was mourning, we saw a suspicious website pop up almost immediately.""Anti-gun group Ohio Ceasefire has created a website for people to send their thoughts and prayers to students and staff in Chardon."
"The catch, they don't make it clear who is sponsoring the site and require that you leave an email address so they can contact you later to 'let you know when they get it.'" ... "Sad to say, our suspicions were correct. I used the website to send my own condolences and prayers. I never did receive notice that 'they got my message', but I did start receiving other emails that I had never received before." ... |
MA: Mass. must stand against ‘stand your ground’ law
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Bruce W. Krafft
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"THE RIGHT to defend one’s home and oneself is not under threat in Massachusetts. There’s plenty of room under current law to do both. The 'stand your ground' bill in the Legislature is a solution in search of a problem, and it's a bad solution at that. As the nation reels from the controversy surrounding Florida's 'stand your ground' law in the shooting death of teenager Trayvon Martin, it's important that Massachusetts bury any thought of passing a similar law." ... |
OH: Armed robbery at "no-guns" Applebee's
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Bruce W. Krafft
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"WSYX (ABC Columbus) is reporting that a gunmen held up the employees at the Applebee's on Morse Rd. near Easton about 1:45 a.m. last Wednesday. What the report doesn't mention is the fact that this Applebee's, along with others in Ohio, posted 'no-guns' signs in response to the passage of Ohio's restaurant Carry bill last year." ... |
FL: EXCLUSIVE: Robert Zimmerman interview (video available)
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Anonymous
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"For the first time since that fateful night on February 26, the father of a neighborhood watch volunteer who shot and killed an unarmed teenager sat down for a television interview."
"Robert Zimmerman, father of George Zimmerman, said he decided it was time to speak out for his son, against the advice of others. He shared with us what George said happened on the night that 17-year-old Trayvon Martin died." ...
"Zimmerman said he had faith in the FBI and others investigating the case and that the truth will come out."
"Robert Zimmerman, a former magistrate judge and Vietnam War veteran, said he has never had to deal with anything of this magnitude." ... |
Does George Zimmerman Video Show Head Injury?
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Opposing Views
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"An analysis of the bombshell video that appears to show an uninjured George Zimmerman in a police station after the Trayvon Martin shooting has turned up what could be an injury to Zimmerman's head."
"On Wednesday night ABC News showed the video which appeared to contradict Zimmerman's claims that Martin broke his nose and slammed his head into the ground during a fight which led Zimmerman to shoot Martin."
"But The Daily Caller has enhanced the video, and it argues that there might be an injury to the back of his head ..." ... |
LA Times: Justifiable Homicide Originated with Stand Your Ground
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Bruce W. Krafft
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... "Garcia claimed self-defense. According to LA Times, Garcia cited Florida’s Stand Your Ground (SYG) law. However, as noted in a previous article, pre-existing Florida statutes already delineated when the use of deadly force is acceptable in self-defense. In fact, this is what the judge referenced when dismissing the case."
"So what we have here is an attempt by the Times to blur the lines between lawful self-defense and SYG, in order to make it seem that actions like Garcia’s had only become acceptable upon enactment of SYG. In reality, both Citizens Arrest and pre-existing statutes were sufficient to merit a dismissal:" ... |
Florida: Where a Home Without Firearms is Like a Day Without Gunshine
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Bruce W. Krafft
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"Gosh, to read Mitch’s comment under our Tweet of the Day, you’d think that Trayvon Martin fell off his skateboard and broke his neck. He didn't. He was (depending on the 'facts' recounted ...) shot during a defensive gun use. And though it didn't provoke any reaction or command much notice for three or four weeks, it's now quite the cause celebre. Not that we have to tell you that. Well, most of you anyway. But all of this has been a real boon to our friends in the anti-gun community who can barely contain their glee at having a dead black teen who was shot by someone of a race not his own. For folks like Dan Gross, that’s like Christmas morning, Thanksgiving and the fourth of July all wrapped up together . . ." ... |
Family demands to know if weapons used to kill ICE agent could have been seized before they crossed into Mexico
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Bruce W. Krafft
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"The family of a murdered U.S. Immigration and Customs Enforcement agent is demanding to know if U.S. agencies could have seized the weapons used to kill him before they crossed the border into Mexico." ...
"The Dallas ATF chief Robert Champion denies his office ‘walked guns’ or knowingly allowed guns to go south as in Operation Fast and Furious. However he did admit to the Dallas Morning News in March that his agents could have arrested the Morrison and the Osorio brothers three months earlier that he did – when they delivered the 40 guns to the informant without serial numbers."
"'I know people will criticize us for not taking these guys down immediately,' Champion told the paper. 'But we weren’t sure what they were up to.'" ...
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H/t to David Codrea who asks: What, delivering 40 guns without serial numbers to an informant didn't give you a clue? |
That Other O'Reilly
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Bruce W. Krafft
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"Rep. Darrel Issa (R-CA) and Sen. Chuck Grassley (R-IA) want to hear what O'Reilly has to say. Not Bill O'Reilly who has the show called The O'Reilly Factor but White House staffer Kevin O'Reilly. This was the person with whom Bill Newell, former SAC of the ATF's Phoenix Field Division, had back channel communications regarding Operation Fast and Furious. Conveniently enough, Kevin O'Reilly moved to the State Department and is now in Iraq on assignment."
"Yesterday Rep. Issa and Sen. Grassley sent a letter to Kathryn Ruemmler, Counsel to the President, requesting that Mr. O'Reilly be allowed to testify. They note that Mr. O'Reilly's personal attorney is willing to let him testify if it is allowed by the White House. ..." ... |
IA: Stand your ground in Iowa
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Bruce W. Krafft
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"Much has been said in the past couple of weeks regarding the status of 'Stand Your Ground' ('SYG') laws in states throughout the country. This self-introspection is being caused by the Trayvon Martin shooting in Sanford, Florida. What is still unclear is the exact sequence of events that caused George Zimmerman to fatally shoot Trayvon Martin. What is clear, however, is the racist undercurrents that are flowing in the media, and the seemingly unending need to blame SYG laws for what happened."
"I am not going to address the racist undertones in this article, because that is not what this column is about. However, SYG is indeed something that has a direct bearing on the lives of Iowans today." ... |
CT: McLachlan: "Castle" and "Stand" differ
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Bruce W. Krafft
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"State Sen. Michael McLachlan, R-Danbury, says there is no connection between a bill he introduced last year and a Florida law cited in the ongoing case of a Sanford, Fla., neighborhood watch volunteer who fatally shot an unarmed teenager."
"McLachlan, a second-term lawmaker, said his unsuccessful attempt to get the Legislature to establish a 'Castle Doctrine' in Connecticut, similar to one already in effect in more than 20 states, was intended to protect people's right to defend themselves against a home intruder. McLachlan said it was not, as some critics recently charged, a first step toward passage of a so-called 'Stand Your Ground' law in Connecticut." ... |
OK: Okla. Senate panel amends, passes open carry bill
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Bruce W. Krafft
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"Requirements for people who want to openly carry guns in Oklahoma were changed Thursday in one of two bills in the state Legislature to make it mandatory to have proof of training but not a firearm license."
"The changes passed by the Senate Public Safety Committee would require those who want to carry guns in public to have a document showing they had instruction on the law and firearms training." ... |
Bellevue beats another gun law on 2A grounds
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Bruce W. Krafft
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"A federal judge in North Carolina today struck down that state’s emergency powers ability to ban firearms and ammunition outside the home during a declared emergency in a case filed by Bellevue’s Second Amendment Foundation, and it should send a signal to Washington State, where a similar emergency power exists."
"Most interesting is that District Judge Malcolm J. Howard, senior United States district judge for the Eastern District of North Carolina, subjected the state statute to 'strict scrutiny,' the highest level of review when a constitutional challenge is made against a law. ..." ... |
Another Gun Rights Victory from Second Amendment Foundation
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Bruce W. Krafft
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"A suit organized by the Second Amendment Foundation wins another Second Amendment victory in a federal court in North Carolina. ..." ...
"That this judge seems to think Second Amendment violations require "strict scrutiny" is another good development." ...
"Eugene Volokh gets into the legal weeds, stressing the potential importance of this court's scrutiny standard when it comes to the Second Amendment if it becomes the legal norm:" ... |
Federal Judge Strikes Down NC Emergency Powers Gun Ban In SAF Lawsuit
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Bruce W. Krafft
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"A federal district court judge in North Carolina has struck down that state’s emergency power to impose a ban on firearms and ammunition outside the home during a declared emergency, ruling that the provision violates the Second Amendment right to keep and bear arms."
"The ruling, by Judge Malcolm J. Howard, senior United States district judge for the Eastern District of North Carolina, subjected the state statute to 'strict scrutiny,' the highest level of review when a constitutional challenge is made against a law." ... |
Court Strikes Down N.C. Gun Ban
Submitted by:
Bruce W. Krafft
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"Writing for the U.S. District Court for the Eastern District of North Carolina, Senior U.S. District Judge Malcolm J. Howard today added another to the growing list of gun laws struck down on Second Amendment grounds."
"... During numerous states of emergency involving hurricanes and other phenomena, lawful North Carolinians have been prevented from protecting themselves outside the home, including an incident in which King, NC posted the entire town against firearms in anticipation of a snowstorm. Plaintiffs for the case were gun rights organizations Grass Roots North Carolina, the Second Amendment Foundation, and citizens Michael Bateman, Virgil Green and Forrest Minges, Jr." ... |
The Second Amendment Foundation On The Bateman Win
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Bruce W. Krafft
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"The Second Amendment Foundation, an organizational plaintiff in Bateman v. Perdue, released this concerning the win today. There were those who had suggested that we go through the NC General Assembly to get the Emergency Powers ban changed. Many of us in North Carolina as well as Grass Roots NC and the Second Amendment Foundation opposed that move while this case was still active. I think the judgment of SAF, GRNC, and those who felt it was important to wait for this victory was vindicated with Judge Howard's decision." ... |
NC: North Carolina Judge Strikes Down Emergency Gun Ban
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Opposing Views
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"A federal district court judge in North Carolina has just struck down that state’s emergency power to impose a ban on firearms and ammunition outside the home during a declared emergency, ruling that the provision violates the Second Amendment right to keep and bear arms."
"The case, Bateman v. Purdue, was brought by the Second Amendment Foundation, Grass Roots North Carolina FFE and three individual plaintiffs. Defendants in the case were Gov. Beverly Purdue and Reuben F. Young, secretary of the state’s Department of Crime Control and Public Safety, in their official capacities." ... |
MA: Massachusetts suit challenges the permanent forfeiture of firearms without due process
Submitted by:
Bruce W. Krafft
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"Commonwealth Second Amendment, Inc. has filed a lawsuit incorporating challenges to a [MA] state policy that facilitates firearm forfeitures without affording full due process ... The suit complains that the state has a policy permitting police departments to transfer confiscated guns to bonded warehouses who assess prohibitive storage and handling fees and then sell the firearms-before any meaningful opportunity is afforded to challenge the propriety of their seizure; custody; transfer; fee assessments; and/or sale. The suit also complains that firearms are transferred without adequately notifying owners. The bonded warehouses are authorized to sell confiscated firearms once these private, assessed fees are in arrears for 90 days." ... |
FBI Taught Agents They Could ‘Bend or Suspend the Law’
Submitted by:
Bruce W. Krafft
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"The FBI taught its agents that they could sometimes 'bend or suspend the law' in their hunt for terrorists and criminals. Other FBI instructional material, discovered during a months-long review of FBI counterterrorism training, warned agents against shaking hands with 'Asians' and said Arabs were prone to 'Jekyll & Hyde temper tantrums.'"
"These are just some of the disturbing results of the FBI's six-month review into how the Bureau trained its counterterrorism agents. That review, now complete, did not result in a single disciplinary action for any instructor. Nor did it mandate the retraining of any FBI agent exposed to what the Bureau concedes was inappropriate material. ..." ... |
NY: Teen charged with slingshot possession
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Anonymous
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"An 18-year-old Brewster resident was charged with weapons possession after police found two slingshots in the car in which he was riding, Carmel Police Chief Michael Johnson said." ...
"'I think if they outlawed (slingshots), they're probably pretty dangerous weapons,' Johnson said. 'It's almost like carrying a gun.'"
"The suspect was charged with fourth-degree possession of a weapon, the release said." ... |
UT: Officer-involved shooting at McDonald's not legally justified
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repeal1968guncontrolact
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"The shooting of a man in front of a downtown Salt Lake McDonald's by an undercover Salt Lake drug officer was not legally justified, the Salt Lake County district attorney ruled."
"It's the third officer-involved shooting determined to be unjustified in Salt Lake County in less than a year." ...{emphasis added}
"Salt Lake police officer Matthew Giles was also determined to be unjustified in the use of deadly force. But Gill declined to file any criminal charges against him." {emphasis added}
"On May 8, 2011, Giles fired eight times at a juvenile in a stolen car attempting to flee police ..." ...
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Submitter's note: Gee I wonder if private citizens would be able to evade charges after an unjustified shooting(s). :/ |
CA: Robbery Victim Arrested; His Lie Sparked Fatal Shooting
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Opposing Views
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"A California robbery victim who apparently lied to police about his attackers having a gun is now under arrest after police killed one of the suspects." ...
"It turns out neither McDade nor his alleged accomplice was armed. Police searched for days for the gun and found nothing. So they went back and reinterviewed Carrillo, who reportedly admitted that he lied about the gun so police would respond faster."
"Carrillo was arrested and is now charged with suspicion of involuntary manslaughter." ... |
FL: Charges dropped in North Port video arrest
Submitted by:
Bruce W. Krafft
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"A North Port man arrested on a felony charge in January for taking video of police working a traffic stop will not be prosecuted, the State Attorney's office announced Thursday."
"Steve Horrigan, 57, was charged with felony eavesdropping and misdemeanor obstruction when he used his smartphone to record North Port Police officers making an arrest across the street from his home. Horrigan, a computer technician and amateur videographer, spent a night in jail and could have faced five years in prison if convicted of eavesdropping." ... |
Stop U.S. Funding for Negotiating the UN Arms Trade Treaty
Submitted by:
Bruce W. Krafft
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"For years Americans have been hearing about the UN’s Arms Trade Treaty (ATT) and its probable infringement of our Second Amendment rights. ... the UN Arms Trade Treaty Conference will be held July 2-27 mostly in closed sessions in New York City."
"According to a Heritage.org research paper on the subject, the United States must stand its ground on the UN’s ATT and 'should make clear … that it will not accept the inclusion of hunting and sporting weapons or ammunition in the ATT. Nor will it accept treaty language that impinges on rights protected by the Second Amendment, requires any new internal controls ... or creates any additional burdens for U.S. manufacturers, importers, or exporters.” |
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