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SAF Cheers Federal Court Rejection of Bloomberg Lawsuit
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Bruce W. Krafft
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"The Second Amendment Foundation said today's dismissal of a lawsuit filed against the firearms industry by anti-gun New York Mayor Michael Bloomberg should send a clear message that 'courthouse demagoguery and harassment of law-abiding business is not the responsible way to fight crime.'"
"The 2-1 opinion, written by U.S. Appeals Court Judge Robert J. Miner, affirms the constitutionality of the 2005 Lawful Commerce in Arms Act. It overturns a lower court ruling by activist federal judge Jack B. Weinstein, explaining that he should have dismissed the case instead of allowing it to go forward." ... |
United States Concealed Carry Association offers solid resource for millions who carry concealed
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"Founded in 2004, the United States Concealed Carry Association fills a much needed void in the gun community by bringing together concealed carry enthusiasts from all over the country. Until its creation the landscape was dominated by organizations like the National Rifle Association or state level hunting groups. While both have a place in the gun owner community, neither type of group is a solid resource for the millions of concealed carry license holders across the United States." ...
"The United States Concealed Carry Association, founded by Tim Schmidt, fills that role by bringing together handgun trainers and pro-gun advocates to create a resource that covers all aspects of the concealed carry lifestyle." ... |
City lawyer going before highest court in the land
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Bruce W. Krafft
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... "Troy Giatras will defend Randy Hayes of Mannington, a contractor convicted of a felony gun possession charge, and ask the highest court to clarify Second Amendment right to bear arms." ...
"Hayes' case goes back to 1994, when he pleaded guilty to a misdemeanor battery offense after a dispute with his wife. Ten years later ... she asked police to go to his home."
"When they searched Hayes home, an old Winchester rifle given to him by his father was found ..."
"... '... he only pleaded guilty in 1994 to battery, not domestic battery. But the federal court interpreted it as domestic battery because it was against a family member.'"
"... 'The 1996 law was applied to him retroactively, but he didn't even know it.'" ... |
"Of The Whole People"
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Bruce W. Krafft
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"I had promised myself that I wasn't going to write another column on the gun issue. I don't mind the name calling or the criticisms, but some things can't be ignored."
"Not long ago one reader had commented that if people wanted guns, they should join the military, that ordinary people didn't need guns. I had heard or read a similiar sentiment at sometime in the past but couldn't place it until I stumbled across it in a history book. Heinrich Himmler, Adolph's top dog of the Nazi SS, had uttered something just like it in regards to German citizens and their need to be armed." ... |
Court shouldn't muzzle common sense gun control
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New York State Rifle & Pistol Association
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"In a few months, the U.S. Supreme Court will rule on the Second Amendment, affecting the safety of all of us. If a majority decides there is an absolute right to own a gun, many of our common-sense gun laws will be jeopardized."
"Political bias may blur the justices' comprehension of this amendment. I believe its simple purpose is to permit the states to have militias. The framers of the Constitution were probably a little nervous about losing their precious states' rights and wanted some security in the new union." ... |
Gun Regulations in National Parks: Open for Public Comment (and Confusion)
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New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"Several National Park Service employee advocacy groups and the National Parks Conservation Association (NPCA) are warning that the National Rifle Association-driven changes to the firearms safety and uniformity regulations in our national parks proposed today by the Department of the Interior will lead to confusion for visitors, rangers, and other law enforcement agencies."
"Under intense political pressure orchestrated by the NRA, the Bush Administration has proposed that the regulations ... should be changed to allow for the concealed carry of firearms, subject to the laws of the state where the national park is located." ...
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KABA Note: Folks it'll be okay, the sky isn't falling, honest. |
A right to reasonable self-defense with an appropriate weapon
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Bruce W. Krafft
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... "In 1939, the court said the moonshiner wasn't protected because his sawed-off shotgun wasn't a militia weapon. It was a dumb answer that has been the last word in American jurisprudence for 69 years — dumb because if militia (National Guard) weapons are protected, then Americans are free to own machine guns."
"Some of the anti-gun people would say Americans don't have a right to any private weapons. There are places in the world with that policy, and some that have far less gun violence than the United States."
"But that isn't the issue here. We have the Second Amendment; it is part of our Constitution and is not about to be repealed. The issue is: What does it mean?" ... |
Firearms Industry Wins Appeal in NYC; Lawsuit Against Gun Makers to be Dismissed
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New York State Rifle & Pistol Association
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"Today, a Manhattan-based federal appeals court ordered the dismissal of a lawsuit filed against firearms manufacturers by the City of New York that sought to hold the manufacturers responsible for the criminal misuse of firearms."
"Judge Robert J. Miner, writing for the U.S. Court of Appeals, held the Protection of Lawful Commerce in Arms Act, enacted in 2005, is constitutional and that Brooklyn, NY, federal court judge Jack B. Weinstein misinterpreted the law by not dismissing the case."
"'We think Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the 'lawful design, manufacture, marketing, distribution, importation, or sale' of firearms,' said Judge Miner." ... |
U.S. appeals court dismisses NY suit vs. gun dealers
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FULL TEXT BELOW:
A U.S. appeals court has dismissed a lawsuit filed by New York Mayor Michael Bloomberg against gun dealers the city targeted in a bid to stop the flow of illegal weapons.
The 2nd U.S. Circuit Court of Appeals dismissed the city's claims against the manufacturers and wholesale sellers of firearms in states including Ohio, Georgia, Pennsylvania, South Carolina and Virginia.
The decision overturns a lower court ruling.
The gun dealers and manufacturers had appealed a decision by federal Judge Jack Weinstein, who ruled the courts had jurisdiction to hear the lawsuits because the city had shown gun dealers were responsible for funneling large quantities of handguns used by local criminals. |
Weinstein Reversed Again, This Time in NYC’s Suit Against Gun Makers
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New York State Rifle & Pistol Association
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"Brooklyn federal district Judge Jack Weinstein ... is known for getting assigned huge class actions with billions at stake. He's also known for getting reversed by his colleagues on the Second Circuit Court of Appeals. ..."
"And today, the court tossed out New York City's lawsuit accusing the gun industry of selling firearms with the knowledge they can be diverted into illegal markets. ..."
"The crux of the suit, which dates back to 2000: The city of New York sued the gun industry ... for facilitating 'the movement of legally distributed handguns into illegal markets' by, among other things, facilitating 'straw purchases' ... " |
N.Y. lawsuit against 37 gun makers dismissed
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New York State Rifle & Pistol Association
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"A federal appeals court on Wednesday dismissed a lawsuit New York City brought against 37 gun manufacturers, including Glock Inc., which has a manufacturing facility in Smyrna."
"Like New York, Atlanta and more than 30 other cities tried to sue gun manufacturers in an effort to curb violence committed with guns that were sold and bought illegally. In 1999 the Georgia General Assembly, like legislatures in other states, passed laws nixing such cases."
"Congress did the same in 2005 with the Protection of Lawful Commerce in Arms Act, which retroactively prohibited such lawsuits against gun makers unless it can be shown the manufacturers knew their weapons would be sold or used illegally. Wednesday's decision found the federal law to be constitutional." ... |
Questioning Zero Tolerance on Guns
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"The recent firing of a Pizza Hut driver who shot an armed robber during a hold-up adds heat to an already stirring controversy over employers' rights to ban weapons to keep workers safe versus employees' rights to protect themselves." ...
"Although he had a legal permit to carry a handgun, Spiers was first suspended, then apparently fired, from his job. ..." ...
"... whether companies have [written] policies could become an increasingly important factor in the potential liability an employer has for disciplining employees who carry or use guns, says Eugene Volokh, a professor at the UCLA School of Law in Los Angeles and creator of The Volokh Conspiracy, a blog analyzing news, court and legal events." ... |
Guns on campus II
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Bruce W. Krafft
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"Once again, Mike Seate not only misses the point but blows a smoke screen over the issue."
"Seate wrote that gun lobbyists 'opposed tighter screening to keep firearms out of the hands of the mentally disturbed.'"
"Seate makes it sound as if people who support the Second Amendment also support giving guns to every mentally disturbed whacko roaming the streets."
"Nothing could be further from the truth. Among other embedded garbage, the bill in question prohibited millions of veterans (who at any point in their lives suffered from Post-Traumatic Stress Disorder) from owning firearms for any purpose whatsoever -- for the rest of their lives." ... |
Guns on campus
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Bruce W. Krafft
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"Columnist Mike Seate offered valid insights on the dangers of guns ('Guns on campus invitation for sorrow,' April 29 and PghTrib.com).
He uses examples of failed heroic actions by ordinary citizens in situations of gun violence in poor neighborhoods in Allegheny County as a way of discounting the effectiveness of a deterrent factor on college campuses."
"However, in situations such as Virginia Tech, Columbine or even on Flight 93, extraordinary circumstances call for extraordinary efforts. In situations of immediate danger, fight or flight sets in. And in most cases in a classroom, flight isn't an option. In those situations, we saw simple heroic efforts by individuals shielding others or revolting against the attacker." ... |
Guns on campus invitation for sorrow
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Bruce W. Krafft
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"Two groups of University of Pittsburgh students faced off on the Oakland campus last week on a strange issue."
"One group, Students for Concealed Carry on Campus, wore empty holsters to protest what they feel is an unjust ban on their 'right' to be armed while attending an institution of higher learning. On the other side of the street stood members of No Guns on Campus, a group maintaining the traditional viewpoint that universities are places to learn, not places where students learn to kill." ... |
(Misguided) Mayors Against Illegal Guns
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Bruce W. Krafft
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"The organization Mayors Against Illegal Guns is in the news again for announcing an ad campaign to raise awareness of how illegal guns are often used in crimes. While everyone agrees that stopping the flow of guns to criminals is of vital public interest, the organizations stated goals are worthy of a 'Captain of the Obvious' award."
"Led by the rabidly anti-gun Mayor of New York, Michael Bloomberg, the group's stated goal is to keep guns out of the hands of criminals or the mentally ill. As if anyone in America is saying they are for putting more guns in the hands of criminals."
"Such a notion is absurd. So is the notion that the Mayors Against Illegal Guns is anything but an ineffective publicity stunt. ..." ... |
Bloomberg Could Testify in Upcoming Guns Trial
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New York State Rifle & Pistol Association
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"Nearly two years after Mayor Bloomberg launched his legal battle against 27 out-of-state gun salesmen, the city is being forced to prove that it targeted the right ones."
"Most of the gun dealers ... have agreed to let the city pay to monitor their business practices in return for the dismissal of the lawsuits. A few went out of business shortly after being sued."
"Three of the gun dealers, though, are going to trial over the city’s claim that they have disproportionately contributed to arming criminals in New York. The trial of the first, Adventure Outdoors of Smyrna, Ga., is set to begin May 27 in U.S. District Court in Brooklyn before Judge Jack Weinstein. The court papers suggest that Mr. Bloomberg may testify." ... |
Bill Would Preserve Gun Background Check Records
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Sen. Frank Lautenberg ... has introduced a bill that would allow the FBI to keep background check information on approved gun buyers for 180 days."
"Since 2004, records of firearm transactions must be destroyed within 24 hours after those transactions are approved. (Prior to 2004, the FBI retained the records for 90 days.)"
"Second Amendment supporters strongly oppose the retention of lawful gun sale records, seeing it as a step toward creating a national gun registration list. When the National Instant Criminal Background Check System began running at the end of 1998, the FBI said it would 'not be used to establish a federal firearm registry' and that all information resulting in legal firearm transfers would be destroyed." ... |
Decision On Handguns In National Park To Come Soon
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Bruce W. Krafft
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"The government will decide whether to ease-up on a ban on loaded handguns in national parks and one of those parks is Independence Hall, the very spot where the second amendment was created."
"We're talking about possibly carrying a concealed weapon. The National Rifle Association and its friends have been pushing for this. Several retired Park Service leaders have been fighting it. Shotguns and rifles would remain banned but a handgun could be another matter."
"'I mean there's no real reason to have a loaded weapon in a national park,' Michelle Hoffman from King of Prussia said." ...
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Submitter's Note: Of course not! After all, no one has ever been abducted, raped and/or murdered in a National Park! |
NY: Nassau DA Supports Microstamping Legislation
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New York State Rifle & Pistol Association
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"Nassau County District Attorney Kathleen Rice is calling on the State Senate to pass legislation that would give law enforcement agencies the ability to instantly match a shell casing found at a crime scene to the specific weapon used in the crime and to the firearm’s registered owner."
"The bill would require firearm manufacturers to include ballistic identification technology in semi-automatic pistols manufactured or delivered to New York State. The technology imprints the make, model and serial number of the firearm onto any cartridge upon its discharge from the weapon. The law pertains to semi-automatic pistols because these firearms, unlike revolvers, automatically discharge the spent shell casing after firing." ... |
NY: Sheriff's swap of an antique for new guns is nearly done
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New York State Rifle & Pistol Association
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"The gun swap arranged by Jefferson County Sheriff John P. Burns has neared completion."
"Seventeen Bushmaster semiautomatic carbines were delivered Monday to the sheriff's department, with slings, scopes and ammunition soon to follow."
"In return, Sheriff Burns will be handing over to his supplier, Amchar Wholesale of Rochester, one gun — a 1920 Thompson .45-caliber fully automatic submachine gun. Better known as a 'Tommy gun,' the antique has an appraised value of $30,000, the sheriff said."
"The new weaponry has about the same value."
"Sheriff Burns disclosed his negotiations for the trade in January, and two months later, the county Legislature's General Services Committee gave its blessing." ... |
IL: Prosecutors detail case against Chicago's top DUI cop
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"With two fellow officers and two young prosecutors looking on, Chicago Police Officer John Haleas ignored numerous critical steps in making a legitimate drunken driving arrest in April 2005, a string of missteps that ultimately led to his own indictment, Cook County prosecutors say." ...
"Haleas made 718 arrests in 2005 and 2006 and was the primary witness in hundreds of DUI cases, garnering for himself a 'Top Cop' honor from the Alliance Against Intoxicated Motorists for having more DUI arrests than any other officer in the state."
"But according to prosecutors, Haleas didn't bother to perform a field sobriety test, and lied in his reports and claimed he had followed procedures." ... |
AZ: Retired officer promoting gun safety
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New York State Rifle & Pistol Association
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"Retired police officer John Gross has seen the devastating consequences when adults and children use guns inappropriately."
"Gross remembers 'coming across a boy who had a loaded pistol, and not knowing anything about it at all, he cocked it and pointed it at himself and pulled the trigger. He died from it.'" ...
"That is why the Arizona Game and Fish Department offers the Scholastic Clay Target Program, which teaches firearm safety to youths at the Yuma Trap and Skeet Club range."
"On April 20, the NRA gave a grant of $24,400 to Yuma Trap and Skeet for a new high house on the range at Adair. Adair is a shooting range 15 miles north of Yuma, and it is open to the public including youth shooters like the Boy Scouts." ... |
CA: Sacramento police officer charged in grand theft case
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Bruce W. Krafft
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"A Sacramento police officer was arrested Tuesday after he refused to return $20,000 to a friend who had asked him to hold the cash so she could qualify for social assistance ..."
"Officer Sean Julian Lewis, 35, an eight-year veteran of the department, was arrested on one count of felony grand theft, police said. He has resigned from the department and could face up to three years in prison if convicted."
"Police said Lewis' friend, described as a former 'dating partner,' reported to investigators in March that after giving Lewis $50,000 in cash she had had a change of heart and asked for the money back. Lewis returned $30,000 and told the woman the rest had been confiscated by authorities ..." ... |
Canada: Ontario Provincial Police officer faces assault charge
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FULL TEXT BELOW:
An Ontario Provincial Police officer has been charged with assaulting a male prisoner in Orillia earlier this month.
A man was in custody on April 9 when he was assaulted by an officer, OPP says.
An investigation ensued and an officer was charged yesterday.
Const. Carl Nowlin was charged with one count of assault. He'll appear in court late next month.
He remains on duty, but has been assigned to administrative work. |
FL: Some got Florida concealed weapon permits training on toy guns
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Bruce W. Krafft
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"Some of the 500,000 people holding concealed-weapons permits in Florida qualified by using toy guns."
"Recent complaints to state officials pointed out that almost anyone who wants to carry a handgun to the movies, mall or church can do so. The shortcomings they cited include training that allows firing bullets without gunpowder, and passing students for merely pulling the trigger once or twice without ever loading or unloading a handgun." ...
"'In the 21 years that this program has been in effect, I know of no incident or accident that occurred as a result of lack of training,' Hammer [a former NRA president] said by phone from Tallahassee." ...
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Submitter's Note: And yet the sky is still not falling. |
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