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Newslinks for 4/23/2008

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Eugene Volokh: 'I Knew Nobody Who Owned a Gun'
Submitted by: Bruce W. Krafft

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"I've often heard this line in various forms, most recently in a WallStreet Journal article that's generally sympathetic to gun owners: 'Growing up in Seattle, I knew nobody who owned a gun.'"

"The striking thing is that this statement is almost certainly false: I strongly suspect that anyone growing up even in a very insular corner of Seattle did know people who owned guns. He just didn't know that he knew them, because they weren't telling, and one of the reasons they weren't telling was precisely the casual assumption that of course no-one in their circle would ever do such a thing." ...
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H/t to Joel Rosenberg.
 

Gun Rights and Our National Identity Crisis
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Like the Third Amendment against the peacetime quartering of soldiers in private homes, the Second Amendment used to be one of those obscure constitutional provisions that Americans could safely ignore. Legal opinion was agreed: this relic of the late eighteenth century did not confer an individual right "to keep and bear arms," only a collective right on the part of the states to maintain well-regulated militias in the form of local units of the National Guard. While a few gun nuts insisted on their Second Amendment right to turn their homes into mini-arsenals, everyone else knew they were deluded. Everyone knew this because the Supreme Court had supposedly settled the matter by unanimously dismissing any suggestion of an individual right in 1939." ...
 

U.S. Constitution Based on Ancient Writings, Says Emory's Bederman
Submitted by: Bruce W. Krafft

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"Aristotle and other ancient texts may seem irrelevant to modern-day issues such as gun control, but as Emory Law professor David Bederman argues in his new book, 'The Classical Foundations of the American Constitution,' classical Greek and Roman thinkers had a profound effect on the framers of the document -- and on our courts' interpretation of it today."

"'The intent of the framers weighs heavily on current interpretations of Constitutional law and modern cases being heard,' said Bederman, an associated faculty member of the Center for the Study of Law and Religion ( CSLR ) at Emory. So it helps to know how the framers of the Constitution were thinking." ...
 

Eric '.44 Magnum' Cartridge on — 'Taking Gun Virgins for a Desert Shoot'
Submitted by: Bruce W. Krafft

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... "Everyone's ears perked up, so I did what any intelligent pro-rights activist would do — I asked the obvious question, 'Who would like to join me for some shooting out in the desert?'"

"I told them I could bring a variety of cool guns; I would insist on showing them how to handle them safely since they all but admitted abject ignorance, and we would have a blast shooting at cans in the desert. The gal from London was very interested, and squealed with delight that she had never even held a handgun, much less shot one. When people are availed the opportunity to act like free citizens, and shoot firearms, they accept the offer without hesitation. It's a freedom thing. Some people just don't understand." ...
 

The Right to Bear Arms
Submitted by: Bruce W. Krafft

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"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

"So reads the Second Amendment to the U.S. Constitution, the legal basis for the right of gun ownership in this country. A case before the Supreme Court, District of Columbia v. Heller, will hopefully clarify the meaning of these words in the context of the ban on handgun ownership in the District in the next few months, and it is my hope that the Court will come down on the side of the right to bear arms. ..." ...
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Submitter's Note: Actually "the legal basis for the right of gun ownership" was several centuries of common law.
 

Guns on campus? Group says they shouldn't be banned
Submitted by: Bruce W. Krafft

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"In the wake of deadly shootings on college campuses, some students say they deserve the right to carry concealed weapons on campus to protect themselves and others, and are demonstrating this week in support of it."

"Hundreds of members of the group Students for Concealed Carry on Campus across the country plan to wear empty holsters this week - including one local student."

"Franklin Pierce University student Adam Broussard, 20, will be wearing his empty holster on the Keene campus, where he is a student in the criminal justice department."

"Speaking about the group and the protest ... Broussard said he knows the group has an uphill battle in many ways." ...
 

OH: Pistol pack'n pupils?
Submitted by: Bruce W. Krafft

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"At the one year anniversary of the Virginia Tech shootings, students Monday at Kent State University-Ashtabula Campus debated whether they should be allowed to carry concealed weapons."

"The debate was prompted by a student's request to carry a concealed weapon on campus. Students were planning a peaceful protest on the issue, but instead a debate was organized."

"According to the law, there are certain areas in the state where, even if a person has a license, he or she cannot carry a concealed handgun. One of those places are public and private colleges and universities, said Eric Brewer, music instructor and one of the organizers of the debate." ...
 

NC: Students wear empty holsters in protest
Submitted by: Bruce W. Krafft

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"Monday we told you about a group of UNCW students pushing to allow concealed weapons on campus for self-defense."

"Tuesday those students participated in a nation-wide protest."

"The UNCW students are among the thousands expected to wear empty holsters to class Tuesday."

"As part of 'empty holster day', students wore empty gun holsters, symbolizing where guns would be on people at least 21 years old, who have the necessary permits."

"They also educated people who stopped by their table to learn more about carrying weapons on campus."

"Protesters say giving people the right to carry concealed weapons would protect themselves and others and help in an emergency." ...
 

Obama is out of touch
Submitted by: Bruce W. Krafft

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"Barack Obama has once again stepped in it big-time with his assertion that rural-dwellers 'cling to guns or religion or ... anti-immigrant sentiment ... as a way to explain their frustrations.'"

"So apparently those constitutional First and Second Amendment guarantees of free religious exercise and the right to keep and bear arms no longer have relevance to Americans who are not frustrated ... right? Now that's what I call disrespect: 'Take that, Founding Fathers! You were just frustrated with the Brits and pitching a hissy-fit when you wrote all of that God-and-guns stuff into the Constitution, weren’t you?'"

"Does Obama not understand how arrogant and condescending his remarks come across ..." ...
 

Trigger Happy
Submitted by: Bruce W. Krafft

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"In words that he has come to regret, Barack Obama opined as to why he was having a hard time winning over many blue-collar voters: 'They get bitter, they cling to guns ...'" ...

"According to the 2006 General Social Survey ... 34% of American homes have guns in them. This statistic is sure to surprise many people in cities like San Francisco – as it did me when I first encountered it. (Growing up in Seattle, I knew nobody who owned a gun.)"
"
Who are all these gun owners? Are they the uneducated poor, left behind? It turns out they have the same level of formal education as nongun owners, on average. Furthermore, they earn 32% more per year than nonowners. Americans with guns are neither a small nor downtrodden group." ...
 

IL: Gun rights resolution sent to County Board
Submitted by: Bruce W. Krafft

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"At its May meeting, the La Salle County Board may be firing a shot to be heard in Springfield."

"The proposed message: La Salle County does not need Chicago gun laws."

"Monday, the County Board's Legislation and Rules committee voted unanimously to forward to the full County Board a resolution that says gun ownership is guaranteed by the Second Amendment of the U.S. Constitution. It also opposes proposed state legislation that 'would infringe the right to keep and bear arms and would ban the possession and use of firearms now employed by individual citizens of La Salle County.'" ...
 

FL: Employers Must Pull The Trigger
Submitted by: Bruce W. Krafft

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"The U.S. Supreme Court will soon decide a Second Amendment challenge to the gun ban in Washington, D.C."

"I am co-counsel to Dick Heller in District of Columbia v. Heller, so I take a backseat to no one when it comes to vindicating Second Amendment rights."

"But the 'Take Your Guns to Work' law signed by Florida Gov. Charlie Crist last week ... has nothing to do with the Second Amendment."

"It has everything to do with violating the rights of private property owners."

"Despite the bill's overwhelming support ... Gov. Crist should have vetoed it. Still, if the business community challenges the constitutionality of the legislation, perhaps a proper respect for property rights will be restored." ...
 

FL: Ormond in legal tangle over license for home business owner
Submitted by: Bruce W. Krafft

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... "For the past four years, city officials say they've been imploring Hunt to either bring his home-based gunsmith business into compliance with city law or close down." ...

"Hunt declined to comment, but his attorney, Robert Riggio, has a different view from the city's."

"Riggio says that affidavit was signed under duress with threats that liens could be put on Hunt's home. The Daytona Beach attorney says in a lawsuit he filed against the city this month that Hunt was unfairly singled out for prosecution and harassment."

"Riggio said Hunt should automatically be granted a license because he meets exemptions in city code, and, in his lawsuit, he's demanding an occupational license for Hunt. ..." ...
 

FL: Florida's new guns-to-work law faces legal challenge
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Florida's so-called 'guns-to-work' law is the target of a lawsuit filed Monday in federal district court in Tallahassee by the Florida Chamber of Commerce and the Florida Retail Federation against Florida's attorney general."

"The law, signed April 15 by Gov. Charlie Crist and effective in July, allows employees with concealed-weapons permits to keep guns locked in their vehicles at work."

"The business groups are challenging the law as unconstitutional." ...
 

FL: Gun Rights Trample All Others
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Like a majority of lawmakers, Gov. Charlie Crist places gun rights above all others."

"By signing a bill that allows people to keep guns in their cars at work, he ignored the private property rights of business owners, who must pay the price for any gun-related incidents on their land."

"The guns-at-work law also allows a secret group of citizens to buy constitutional protection by obtaining a permit to carry a concealed weapon." ...
 

U.S. Guns Arming Mexican Drug Gangs; Second Amendment to Blame?
Submitted by: Bruce W. Krafft

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"U.S. gun stores and gun shows are the source of more than 90 percent of the weapons being used by Mexico's ruthless drug cartels, according to U.S. and Mexican law enforcement officials."

"'It's a war going on in Mexico, and these types of firearms are the weapons of war for them,' said Bill Newell, the special agent in charge of the Phoenix field division of the ATF, the Bureau of Alcohol, Tobacco, Firearms and Explosives, which has primary law enforcement jurisdiction for investigating gun smuggling to Mexico."

"'It's virtually impossible to buy a firearm in Mexico as a private citizen, so this country is where they come,' said Newell." ...
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Submitter's Note: I'm pretty sure that the belt-fed MG they display in the accompanying photo was not purchased from a gun show.
 

Is it Already Happening Here?
Submitted by: Bruce W. Krafft

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"Despite nearly three decades of totalitarian abuse of the American people, and supposedly stern reprimands by Congress, the Bureau of Alcohol, Tobacco, Firearms, and Explosives continues its violent and illegal reign of terror while its size, power, and appropriations grow. Even worse, the arrogant attitude of these jackbooted thugs has now spread to many other 'law enforcement' agencies at all levels of government."

"A few names say it all: Ruby Ridge, Waco, Donald Scott, Donald Carlson, Accelynne Williams. Each time such travesties occur, promises of reform ring across the political landscape, only to die without an echo. Unconstitutional agencies get increased funding and murders get medals." ...
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H/t to David Codrea.
 

OH: Dayton Daily News story on Attorney General's armed driver exposes need to eliminate no-guns zones
Submitted by: Bruce W. Krafft

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"The Dayton Daily News reported over the weekend that Attorney General Marc Dann authorized his driver, a concealed handgun license (CHL)-holder, to carry his firearm at all times as part of his job duties."

"Dann's driver, who the DDN reports obtained his CHL in January, immediately began running into a problem that faces every single one of the more than 100,000 Ohio CHL-holders on a daily basis: there are far too many 'no-guns' victim zones in the Buckeye State." ...

"John Conley, 61, got a permit to carry a concealed weapon from Franklin County on Jan. 2. State law prohibits non-law enforcement people from carrying guns into state-owned buildings such as the Statehouse and the Rhodes Tower where Dann has his office." ...
 

Australia: Shot Down: gun law study shows no effect
Submitted by: Bruce W. Krafft

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"In the spirit of the 2020 Summit, academics have released startling new evidence about the impact of Australian gun laws, and argue that future public policy must differentiate between what does and does not work."

"In a new peer-reviewed study, Dr Samara McPhedran from the School of Psychology, and her colleague Dr Jeanine Baker, who also hold executive positions in the International Coalition for Women in Shooting and Hunting, show that the accumulated studies on Australia's 1996 gun bans and half billion dollar 'buyback' do not point to an impact."

"The authors say that this provides a clearer foundation for evidence based policy development, particularly within the area of suicide prevention." ...
 

OR: Stirring Up Trouble? Or Demanding Accountability?
Submitted by: Bruce W. Krafft

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"I know just enough law enforcement guys who really are decent people, so I try to avoid lumping every single cop into negative stereotypes. I’ve even admitted before that I feel bad for falling into a default distrust mode because of the bad apples among them. ..." ...

"Eric Bryant says he was sitting in the SanSai Japanese Grill ... when he witnessed Officer Chad Stensgaard pull up and park his patrol car illegally, next to a 'No Parking' sign.'" ...

"Now, using ORS 153.058, Bryant—as a private citizen—has initiated violation proceedings against Officer Stensgaard. Bryant alleges Stensgaard was in violation of state statutes ... the violations carry fines totaling $540." ...
 

MN: Two Minneapolis officers relieved of duty
Submitted by: Bruce W. Krafft

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"A high-ranking Minneapolis police officer and a well-known North Side officer have been relieved of duty pending the results of a federal investigation."

"The officers are Lt. Lee Edwards, one of five black officers suing the police department over allegations of racial discrimination, and Mike Roberts, a 29-year member of the department. Neither officer could be reached for comment Saturday."

"Roberts allegedly received $200 for giving information to an undercover informant, according to sources with knowledge of the case. The allegations against Edwards are unclear."

"The scope of the FBI investigation that began last summer goes beyond the two officers and is being described as very serious in nature ..." ...
 

IN: Firearms right doesn't require militia presence
Submitted by: Bruce W. Krafft

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"In response to all of those who felt the need to write in and tell us that the second amendment does not protect the individual right to own and bear arms, I would like to simply quote a ruling by the U.S. Court of Appeals for the D.C. Circuit in the case of District of Columbia v. Heller. ..."

"'To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). ...'" ...
 

NY: National Guard Holds Annual Small Arms Shooting Match at Camp Smith
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Media members are invited to observed members of New York’s military forces participating in the annual 'TAG Match' shooting competition April 25-27 At Camp Smith." ...
 

NY: Aid for Remington could reach $4.2 million
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The possibility of securing 100 new jobs for Herkimer County played a role in the state's decision to grant money to Remington Arms, state Sen. James L. Seward said Monday."

"Seward held a press conference Monday to announce $3 million in state funding for Remington's Ilion plant renovation, which was first reported Sunday evening on www.uticaOD.com."

"With the possibility of another grant and a low-interest loan, total state and local aid to the Remington project could reach $4.2 million." ...
 

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