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Newslinks for 4/12/2008

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SAF Blasts 'Killadelphia' Mayor, Council Over Measures Defying State Law
Submitted by: Bruce W. Krafft

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"Philadelphia Mayor Michael Nutter and the City Council have defied state statute by enacting several anti-gun measures, essentially 'acting like urban vigilantes under color of law,' the Second Amendment Foundation said today."

"'How can Mayor Nutter and the council expect anyone else, especially criminals, to obey the law if they don't live up to the same standard,' SAF founder Alan Gottlieb wondered. 'Just because the mayor doesn't like the fact that the state legislature retains sole authority over gun laws does not give him or the city council any right to essentially set up their own fiefdom. What kind of example does that set? What does it accomplish?'" ...
 

John Longnecker: Guns On Campus: Virginia Tech Settlement Still Stubborn and Indecent
Submitted by: Bruce W. Krafft

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"I've written before that the Colleges refusing to recognize student rights are indecent. I write often that in forcing liberty enthusiast students to obtain 'counseling', to face suspension or other punishment even for inquiring about handgun policy within right-to-carry states, they force adult students to choose between felony and funeral. This is indecent for public servants to tell the citizen authority how much authority we have. Indecent. It is technically wrong and tortious." ...
 

Friday faceoff: Founders favored liberty over restrictions
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"The Supreme Court is poised to decide if Second Amendment rights are violated when citizens are denied firearms ownership for personal use when they're not affiliated with a state-regulated militia."

"The Second Amendment ... has evoked much debate as to whether it was intended only to preserve a state militia's right."

"However, this interpretation is inconsistent with the Bill of Rights. Framers of the Constitution limited government powers and added the Bill of Rights to secure the 'inalienable' individual freedoms they believed were essential to a successful Republic. ..." ...
 

Friday Faceoff: Under Constitution, only 'militias' can own guns
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"The personal, private right to own a weapon is not included in the Constitution. As a careful reading of the Second Amendment shows, the right to bear arms is a collective — not an individual — right. What we today call the right to bear arms actually appears in the Constitution as 'the right of the people to keep and bear arms.' 'The people' is a collective noun referring to a body of citizens, not single individuals. The framers indicate that 'A well regulated Militia, being necessary to the security of a free State,' is the goal they have in mind." ...
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KABA Note: So since "the people" is a collective noun, then individuals are not protected from unreasonable searches and seizures, nor may individuals peaceably assemble?
 

On Virginia Tech One Year Mark, Remembrances In Scores Of Communities To Urge Common Sense Gun Laws
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"On Wednesday, April 16, the one-year mark of the terrible tragedy that took 32 innocent lives at Virginia Tech, local citizens in more than 50 cities and towns across America will participate in events to remember that tragedy - as well as all victims and survivors of gun violence - and call on Congress to act to strengthen the Brady background check system by closing the gun show loophole." ...
 

FL: Gun zealots put Floridians at risk
Submitted by: Bruce W. Krafft

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"The National Rifle Association owns the Florida Republican Party lock, stock and barrel. That is the only way to explain the Legislature's party-line votes to allow gun owners to secretly take their weapons to work and shopping. It is an outrageous infringement on private property rights and further puts Floridians at risk in an already dangerous world." ...

"Property owners ought to be able to determine how they will provide a secure environment for their workers and customers. They should be able to decide for themselves whether they are comfortable with easily accessible guns stored in cars out in their parking lots. ..." ...
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Submitter's Note: So if some business owner wanted to "provide a secure environment" by banning racial minorities the St. Pete Times staff would be just fine with that?
 

Guns and the Second Amendment
Submitted by: Bruce W. Krafft

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... "Our U.S. Supreme Court is now considering a case which hopefully will clarify what [the Second Amendment's] language means. In Washington, D.C., a law was passed in 1976 which requires registration of firearms such as shotguns and rifles but bans registration, and thus possession, of all privately owned handguns. That law has been challenged in a case called District of Columbia v. Heller."

"Thus far, Mr. Heller is winning. The D.C. Circuit Court ruled that he has a Second Amendment right — an individual, personal right — to have a pistol, and to keep it at home loaded and unlocked for his self-defense. ..." ...
 

OK: Homeowner Shoots Burglar In Moore
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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FULL TEXT BELOW:

A home intruder was shot by a homeowner in Moore on Friday, police said, amid reports that another culprit might have escaped.

Police said a resident at 1300 Odom Way, near 12th Street and Santa Fe Avenue, found a burglar inside the home and shot him in the buttocks.

The homeowner held the burglar at gunpoint until police arrived.

A neighbor told authorities that another possible burglar was seen getting away.

There is no word on the burglar's condition, but authorities said the injuries were not life-threatening.
 

OH: Governor Award Given to Legally Armed Man
Submitted by: Bruce W. Krafft

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"Ohio Governor Ted Strickland presented the Ohio Cross award to Staff. Sgt. Robert Bragg during a ceremony at the Springfield Ohio Air National Guard base on April 6, 2008. This is the highest honor awarded by the Ohio Air National Guard. The Ohio Cross may be awarded to any member of the State of Ohio military forces ... who distinguishes himself/herself by gallantry and selfless service at the risk of his/her life. ..."

"According to an article in the Dayton Daily News, Staff Sgt. Bragg was sitting on his porch in Dayton last August when he heard shots fired and saw two men in ski masks emerge from the Covault Market and Coin Laundry. Armed with his personal 9mm handgun, he forced one of the men to surrender." ...
 

VA: Concealed Weapons Applications Rise Sharply
Submitted by: Bruce W. Krafft

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"Doug and Cheryl Camden were raised around guns but agreed not to keep them in their house after they got married and began raising five children of their own."

"Then violent crime began to dominate daily news reports. Several businesses near their Chester restaurant were robbed, home invasions seemed to increase and the world just seemed to be getting much more dangerous."

"'It's to the point where you can't walk through the park without getting attacked,' Doug Camden said Friday."

"So the Camdens are following the path taken by a sharply increasing number of Virginians: They're applying for concealed weapons permits so they can begin carrying a gun for self-protection." ...
 

GA: Contact Governor Purdue About HB 89
Submitted by: Mark McCullough
Website: http://www.georgiacarry.org/

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Georgia HB 89 passed both the House and Senate, and is not on the way to the Governor's desk.

The Governor had a press conference yesterday in which he voiced his "concern" over HB 89 and alerted us to the great amount of pressure he is receiving from the "restaurant and hospitality industry."

NOW is the time to contact Gov. Perdue and encourage him to sign HB 89 via snail mail, email, phone, and fax. Be polite, be precise, don’t be long winded, and contact other gun owners to assist.

We in GA are so very close to real gun law reform.
 

GA: GCO Urges Stone Mountain, Glynn County to Repeal Gun Ordinances
Submitted by: Mark McCullough
Website: http://www.georgiacarry.org/

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GeorgiaCarry.Org has written letters to the Stone Mountain Memorial Association and the Glynn County Chairman, asking both entities to repeal their ordinances regulating firearms.

 

GA: Valdosta Agrees to Repeal Parks Carry Ban, Gun Sale Regulations
Submitted by: Mark McCullough
Website: http://www.georgiacarry.org/

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Valdosta's attorney has notified GeorgiaCarry.Org that it intends to repeal two ordinances about which GCO threatened litigation. One bans carrying firearms in parks, and the other regulates gun sales. The modified ordinances will be made available when they are passed. A copy of Valdosta’s letter to GCO may be viewed here[.pdf].
 

GA: Roswell Responds to GCO’s Motion for Summary Judgment
Submitted by: Mark McCullough
Website: http://www.georgiacarry.org/

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In GeorgiaCarry.Org's continuing case against Fulton County governments for banning carrying firearms in their parks, Roswell has filed a response to GCO’s motion for summary judgment. In its response, Roswell, relies primarily on the mootness arguments it raised in its motion to dismiss. Roswell’s response may be viewed here[.pdf].
 

Universities consider concealed-carry laws
Submitted by: Bruce W. Krafft

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"After the North Illinois University and Virginia Tech shootings, college students must not only worry about the rising cost of tuition or whether they failed their math tests, but also whether their campuses are safe."

"This need for safety has some people advocating permission to carry concealed weapons on campus, which is not permitted at the UA."

"Supporters argue that "carrying" could help stop shootings on campus before they escalate."

"If something were to happen and a person with a weapon was there, the aggravator could be stopped before he managed to do more harm, said Travis Robinson, member of Students for Concealed Carry on Campus, a nationwide organization advocating guns on campus." ...
 

WI: Students advocate for concealed guns at UW
Submitted by: Bruce W. Krafft

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"In the wake of the recent killings in the Madison area, a student group advocating for the concealed carrying of weapons on campus has been gaining more attention."

"Bret Bostwick, campus leader of Students for Concealed Carry on Campus, said he first thought of starting a University of Wisconsin chapter of the group after the Virginia Tech shooting last year. After the shooting, he said he wondered whether the tragedy 'could have played out any differently.'"

"We can't say for sure that a concealed handgun license holder in one of those classrooms would have prevented the shooting, but we can say for certain it would even the odds,' he said." ...
 

Out of bounds: Democrats off base on McCain and gun shows
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"Throw the flag against: The Democratic National Committee."

"What happened: In telephone polls of swing voters in 17 up-for-grab states last month, DNC pollsters asked voters if their views of John McCain changed once they found out that he'd switched his position on certain issues. Among them: closing what some see as a loophole on gun shows."

"Why that's wrong: It's not true. McCain hasn't changed his position on closing the gun-show loophole. The loophole allows purchases of firearms at gun shows without instant criminal background checks. McCain's bill to close the loophole is one reason the National Rifle Association remains lukewarm to the Republican presidential nominee-in-waiting. ..." ...
 

Bloomberg To Convene Third Gun Summit
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"Mayor Bloomberg is gearing up for the third annual Washington summit of his coalition against illegal guns, a group that now includes more than 300 mayors nationwide along with county executives and state legislators."

"The coalition is looking to expand its issue agenda and will push for enhancing the federal background check system to keep criminals and the mentally ill from buying guns. The meeting on Monday will come two days before the first anniversary of the massacre at Virginia Tech, where a mentally unstable student shot 32 people and killed himself in the deadliest school shooting in American history." ...
 

PA: Nutter defiantly signs five gun laws
Submitted by: Bruce W. Krafft

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"Mayor Nutter likened himself and City Council members yesterday to the band of rebels who formed this country as he signed five new gun-control laws that defy the state legislature and legal precedent."

"'Almost 232 years ago, a group of concerned Americans took matters in their own hands and did what they needed to do by declaring that the time had come for a change,' Nutter said as he signed the bills in front of a table of confiscated weapons outside the police evidence room in City Hall."

"'We are going to make ourselves independent of the violence that's been taking place in this city for far too long,' he said."

"The five laws - called everything from unconstitutional to criminal by critics - do the following:" ...
 

NY: Weapons ban proposal misfires
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"There's no ban on weapons in Oswego County government buildings, at least for now."

"After hearing from six county residents who opposed the ban including the pistol permit holder whose actions prompted the proposal and one judge who supported it, legislators voted Thursday to send the proposed law back to committee." ...

"Keith Moody ... told legislators that he was the gun owner who put a pistol on a counter in the County Clerk's Office last April. 'The gun was empty,' he said and he put it on the counter because it was being transferred to a new owner."

"Moody said the sight of the gun didn't bother anyone but Laurie Krul, the clerk's office employee who handles gun permits. ..." ...
 

FL: Florida HB 503 erodes no constitutional right
Submitted by: Bruce W. Krafft

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"It would be prudent for members of your Editorial Board to at least read the Constitution before claiming that HB 503's protection of the constitutional right to keep and bear arms and the right of self-defense erodes another constitutional right. What other right does it erode? The answer is none."

"Your editorial, 'Gun bill would allow one constitutional right to erode another' (Tuesday), is not only based on a false premise, but it also clearly misrepresents the proposed legislation."

"Nowhere in either the U.S. Constitution or the Florida Constitution are businesses given this mythical right they claim they have to control everything on their property. No such right exists. ..." ...
 

LA: Training can make a difference
Submitted by: Ben Harang

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"This letter is in response to the article written by Matthew Pleasant titled 'Officials: Proposed law would increase danger,' which appeared on April 1."

"I would like to clarify a few things discussed in the article."

"The article is about HB199 ... The proposed legislation would allow anyone with a concealed-handgun permit to carry a concealed handgun on university and college campuses across Louisiana. Wooton’s proposed legislation is not aimed at allowing only students and faculty members to carry concealed handguns on campus. The legislation simply removes university and college campuses from the list of locations at which concealed handgun permitees are prohibited from carrying concealed weapons." ...
 

OK: Gun bill nixed; Peeping Tom law amended
Submitted by: Bruce W. Krafft

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"An Enid senator on Thursday shot down an effort in the Oklahoma Senate to advance a proposal to let some students carry guns on college campuses."

"Sen. Patrick Anderson won approval of a motion to block Sen. Anthony Sykes' bid to revive the House-passed gun bill ..."

"Anderson ... said he was a supporter of the Second Amendment right to bear arms, but did not think Sykes' plan would improve campus security."

"He said he was president of a fraternity at Oklahoma State University ..."

"Occasionally, the students would get intoxicated," Anderson said. 'We would have fist fights, bar fights and wrestling matches. I think it would be very dangerous if the Legislature would encourage that firearms be added to that equation.'" ...
 

OH: SB184: Castle Doctrine bill amended in 5th Senate Hearing
Submitted by: Bruce W. Krafft

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"On Wednesday, April 9, the Senate Judiciary Committee on Criminal Justice held a 5th hearing for Senate Bill 184, the Castle Doctrine bill."

"Amendments to the bill were adopted via a Substitute Bill, which can be downloaded via a link below."

"Sub SB184 offers a revised and more descript language to Castle Doctrine compared to the language originally introduced. The bill spells out that the criminal must be engaged in a felony act against a victim at the time a victim defends themselves. Examples included rape, murder, kidnapping and felonious assault, among a few other violent acts."

"The bill will also extend the 'no duty to retreat' language to the victim's vehicle." ...
 

IL: Pritchard made right decision on handgun bill
Submitted by: Bruce W. Krafft

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"I want to personally thank Rep. Pritchard for doing the right thing by voting against the outrageous handgun bill that was defeated in the Illinois Assembly. ..."

"Contrary to the lies spouted by many groups such as [Illinois] Campaign to Prevent Gun Violence, cutting off a 'supply' of guns only hurts those wishing to buy them legally."

"Does anyone really think a criminal cares if he obtains a gun legally or illegally? A criminal already wishes to break the law, and breaking another gun law is no skin off his or her back. If he or she wants a gun, they will find means to obtain one. Taking away a means for law-abiding citizens to protect themselves only emboldens criminals because they will know the populous is ... vulnerable." ...
 

CA: Oakland cops: Mind if we search your house for guns?
Submitted by: Bruce W. Krafft

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"A six-month pilot program where Oakland police officers would knock on doors and ask permission to search homes for guns got the green light from the City Council's public safety committee Tuesday night."

"It goes to the full council Tuesday ..."

"The consent-to-search program, as it is called, is based closely on a similar effort launched in St. Louis in 1994 and on ongoing programs in Boston and Washington, D.C. The idea is simple: To ask parents for permission to search their homes for weapons their children may be hiding."

"Under the program, officers would request permission to search homes for guns. Guns would be taken away, but officers would not pursue prosecution unless the weapon was tied to a crime." ...
 

China: Disarming stressed-out cops?
Submitted by: Kurt -a-t- otown.com

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"Police facing emotional strains due to financial or romantic problems could be stripped of their department-issued handguns ..."

"The public security bureau in the province will begin inspections this month to make sure officers who have received administrative punishments, or are under investigation, will not be able to carry firearms ..."

Guns would also be retrieved from 'officers who are suffering from serious illnesses or face psychological and emotional instability resulting from love or marriage frustrations and heavy debt,' the newspaper reported ..."

"Police officers carry guns in China but several mishaps have led to a debate over whether tighter restrictions are needed to govern when officers can use lethal force." ...
 

NY: NYC says stores' toy guns look too real, seeks $800K fine
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"A retailer that once paid a sizable fine for selling toy guns that looked too real has been accused of peddling hundreds of the forbidden fakes in New York City again."

"The City Department of Consumer Affairs says inspectors found more than 800 dark-colored, genuine-looking phony firearms in Party City stores since the fall. City law requires fake guns to be brightly colored to help police officers and others tell them apart from real ones."

"Party City spokesman Bill Furtkevic says the store chain 'emphatically denies' the allegations and is diligent about complying with all laws."

"Party City paid a $150,000 fine in 2003 for selling real-looking fake guns under such names as the 'Colt 45 Gun' and 'Uzi Weapon Set.'" ...
 

WA: Friends of NRA to Host Banquet on April 25
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"The National Rifle Association was formed back in 1871 as a simple sportsmen’s club, but the role of NRA has grown in importance ever since."

"The NRA has become the primary voice for American Second Amendment rights while setting the standards for most firearm competitions around the world." ...

"The NRA is not allowed to raise funds as a non-profit organization because of its political activity on behalf of millions of hunters and recreational shooters, so a non-political foundation -- the Friends of the National Rifle Association -- has become the major fund-raiser for the continuing work of NRA across the nation." ...
 

OH: Sportsmen are Encouraged to Attend Reception to Visit and Discuss Issues
Submitted by: Bruce W. Krafft

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"You are invited to join the U.S. Sportsmen’s Alliance at the 2008 Candidates Reception on April 15."

"The event provides an opportunity for the Ohio sportsmen’s community to meet with state and federal legislative candidates, rub elbows and voice their concerns."

"The reception will be April 15 at the Athletic Club of Columbus from 5:30 to 7:30 PM and all are welcome to attend. The Athletic Club is located at 136 E. Broad St. in downtown Columbus." ...
 

Canada: Long-gun amnesty may be extended
Submitted by: Bruce W. Krafft

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"The federal Conservatives have served notice that they intend to continue providing amnesty to long-gun owners whose rifles and shotguns are not registered."

"The reprieve hinges on a review of the current amnesty program, which expires May 16."

"Canadian firearm officers - the administrators responsible for licences and authorizations in the provinces - and RCMP are currently conducting the review."

"They are expected to report their findings to the government prior to the end of the amnesty period."

"Public Safety Minister Stockwell Day announced in 2006 that government would waive application fees for licences until 2008 and provide amnesty for one year to owners of unregistered long-guns." ...
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H/t to David Codrea.
 

 QUOTES TO REMEMBER
It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one. — U.S. Supreme Court Justice Anthony Scalia, in his minority dissenting opinion in Nebraska vs. Carhart

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