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Newslinks for 5/29/2008

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30 months in jail for broken gun!
Submitted by: Anonymous

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"A federal judge has ordered a 30-month prison sentence for a man whose rifle misfired, letting loose three shots at a firing range, prompting 2nd Amendment supporters to warn their constituents how easily they, too, can become a 'gun felon.'"

"'It didn't matter the rifle in question had not been intentionally modified for select fire, or that it did not have an M16 bolt carrier or sear, that it did not show any signs of machining or drilling, or that that model had even been recalled a few years back,' said a commentary in Guns Magazine on the case against David R. Olofson, of Berlin, Wis."

"... 'What mattered was the government's position that ... '[i]f you pull the trigger once and it fires more than one round, no matter what the cause it's a machine gun.'" ...
 

Arms and the man
Submitted by: Bruce W. Krafft

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"A native of Washington, D.C., Robert Levy now divides his time between homes in Asheville and Florida. But the 66-year-old is far from retired. A self-made multimillionaire ... Levy has spent the second half of his life as a lawyer, author and senior fellow at the libertarian-leaning Cato Institute."

"A passionate advocate of constitutional freedom, he has a new book out with co-author William Mellor ... But Levy’s real claim to fame these days is as co-counsel and financial underwriter for District of Columbia v. Heller, a case now pending before the U.S. Supreme Court that may just settle once and for all the dispute concerning the intent of the Second Amendment." ...
 

Rev. Rachel Smith: God Not Guns
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"I'd like to take the opportunity to feature a leader in our movement, Rev. Rachel Smith."

"Rev. Smith first became involved in the gun violence issue through the 2000 Million Mom March. In Raleigh, North Carolina, she helped start a Million Mom March Chapter, and later became a Brady Campaign Board of Trustees member."

"As an ordained minister, Rev. Smith also founded the Brady Center project called 'God Not Guns,' whose mission is to provide clergy and congregations with support, and to encourage them to see gun violence prevention as a ministry in their communities."

"Rev. Smith writes a regular blog of her own, and she graciously allowed me to cross-post her most recent entry on my blog, which I include here:" ...
 

NV: Mass Shooting Stopped by CCW Permit Holder (follow-up)
Submitted by: Dustin
Website: http://dustinsgunblog.blogspot.com/

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"In the small town of Winnemucca Nevada a man bent on performing a mass shooting at a bar was stopped by an armed CCW permit holder who happened to be in the right place at the right time. The alleged mass murderer had already killed two victims & had injured two others with gunshot wounds, but after reloading to resume his shooting spree he was shot & killed by an armed CCW permit holder who was also at the bar. The alleged mass murderer & his two dead victims were already dead by the time Police arrived on the scene once again proving that when seconds count, only the immediate responders are already on the scene, while first responders (Police) are only minutes away. This is further proof that gun free zones are a travesty that must be ended." ...
 

David Codrea: Raising the Barr
Submitted by: Bruce W. Krafft

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"By the time Rep. Chenoweth introduced her bill, there were 11 original cosponsors -- a significant number indeed. Consider that the other leading bill to repeal the Lautenberg gun ban only had one original cosponsor when it was introduced earlier this year. That bill, introduced by Rep. Bob Barr (R-GA), would only repeal the retroactive part of the gun ban, leaving the ban in place for the future.[Emphasis Added-DC]" ...

"In early March, Rep. Bob Barr endorsed the concept of the Lautenberg gun ban, calling it 'important and worthwhile legislation.' Barr's comments appeared as an editorial in the March 6, 1997 issue of USA Today ..." ...
"We've seen the best the Republicans are offering us--this is all the LP can muster? We are so screwed." ...
 

CA: Brady Campaign Endorses Mervyn Dymally for State Senate, A Hero In The Fight to Reduce Gun Violence
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The Brady Campaign to Prevent Gun Violence, the nation's leading gun violence prevention organization, along with its California Brady Chapters, today announced its support for the election of Mervyn Dymally to the California Senate from the 25th District in the June 3rd Democratic Primary."

"'Assembly member Dymally has a long and distinguished career as a leader and champion in the fight for strong gun laws and he has courageously stood up to the gun lobby every step of the way,' said Kay Holmen, President of the California Brady Chapters." ...
 

MO: Sarah Steelman bought a gun today
Submitted by: Bruce W. Krafft

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"Getting to Ammo Alley from Jefferson City is pretty easy — you get on Highway 63 North and then take a hard right."

"Republican gubernatorial candidate Sarah Steelman did just that this afternoon, visiting the rural Hartsburg gun shop with the two goals: to buy a rifle for her 13-year-old son and broadcast her commitment to the Second Amendment."

"Steelman, currently the state treasurer, breezed into the store shortly after 3 with her son, Michael, and a couple campaign aides in tow." ...

"'Our Second-Amendment right, the right to keep and bear arms, is very important to me,' she said. 'As governor I will protect that right, as I will protect every right in our Constitution.'" ...
 

OH: Amended SB184 (Castle Doctrine) Passes Ohio House with a 73-23 vote!
Submitted by: Bruce W. Krafft

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"Buckeye Firearms Association applauds the Ohio House of Representatives' 73-23 vote to pass the amended SB184."

"SB184 passed the Ohio Senate in April with a 31-0 vote and has now passed the Ohio House in an amended form to include technical corrections and improve laws for law-abiding gun owners in Ohio." ...

"SB184 is now headed back to the Ohio Senate where final approval is expected before summer recess. Once the amended bill is approved in the Senate, it will then go to Governor Strickland for his signature."

"'I am proud to support this important legislation that protects gun owners throughout the state of Ohio,' Strickland stated. 'I look forward to signing these common sense protections into law.'" ...
 

OH: Whose side are police unions and the media on?
Submitted by: Bruce W. Krafft

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"With pending legislation that reinforces the popular concept that a person's home is their castle, and a pro-gun Democrat governor who fully supports it, the anti-gun media has had a tough time sustaining the type of barrage against SB184 that was typical of their past assaults against HB12 (Ohio's Concealed Handgun Licensure Law) and HB367 (Ohio's Statewide Gun Control Preemption Law)."

"Their opportunity came last week, however, when the leadership of the Ohio Fraternal Order of Police labor union realized that someone has taken their veto stamp away from them. These elitists are having trouble adjusting to the fact that they are subject to citizen control ..." ...
 

AZ: Governor vetoes bill on lifelong weapons permits
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"Gov. Janet Napolitano on Tuesday vetoed a pair of proposals to expand gun rights in Arizona, arguing the measures would have needlessly put law enforcement and the public at risk."

"Senate Bill 1106, sponsored by Sen. Chuck Gray, R-Mesa, would have created a state-issued, concealed-weapon permit valid for a lifetime. Under current law, a gun owner must renew the permit every five years, and each time undergo a new criminal background check." ...

"Napolitano rejected a second gun-related measure, House Bill 2629, that would have allowed an individual to announce that he or she has a weapon or brandish it in instances when a 'reasonable person would believe that physical force is immediately necessary to protect himself.'" ...
 

NY: NY next up on guns
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"Six years ago a man opened fire inside a church in Lynbrook, killing a priest and an elderly parishioner. A year ago a troubled student shot and killed 32 people at Virginia Tech before taking his own life. Other than senseless death, what the incidents have in common is that neither shooter could legally buy a gun because of his history of mental illness."

"Tragically, the federal system for screening would-be gun buyers is a sieve, plagued with spotty data from the states. Nudged by Rep. Carolyn McCarthy (D-Mineola) and Sen. Charles Schumer (D-N.Y.), Congress finally voted in January to provide money to help states do a better job feeding data to the National Instant Criminal Background Check System. Now it's New York's turn to step up." ...
 

MO: Former Clay County deputy charged in motorist beating caught on tape
Submitted by: Bruce W. Krafft

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"Federal prosecutors charged a former Clay County sheriff's deputy today with punching and kicking a handcuffed suspect and then destroying evidence of the beating."

"Donald A. Devens, 59, resigned1 from the department just after the Aug. 16, 2005, incident near Kearney. He is scheduled to be in court this afternoon for a first appearance."

"According to allegations in court records, Devens violated Wesley Allen Lewis' constitutional right to be 'free from the use of unreasonable force' and then erased a portion of a dashboard camera videotape of the incident, thus obstructing justice." ...
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1: Four weeks later he took a job with another KC area department and thirty-three months after committing an assault he is finally charged!
 

WA: Woman cited for carrying shotgun in Longview WA
Submitted by: none

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Longview police found a woman standing in front of a U.S. Bank branch.

Police say they held 27-year-old Lauren K. Smith at gunpoint until she agreed to drop the weapon.

Smith told police that she had been on her way to pawn the shotgun at a pawn shop shortly before 5 p.m. on Friday when her car broke down. She says she then began walking up the street with the weapon.

Smith was cited for disorderly conduct, which carries a $250 fine, and released. The shotgun was handed over to one of Smith's relatives.
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KABA Note: Read the disorderly conduct statute here and decide for yourself if here rights were violated.
 

IL: 'Sensible' gun laws aren't sensible
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"On Sunday, the Daily Herald wrote an editorial asking why can't we get gun owners to back 'sensible' gun legislation."

"It said nine out of 10 Americans support a background check. This is true, including all the gun owners who really do want a background check."

"The only background check gun owners really back, is the one they put their support behind to pass, and that is the 'Instant Background Check.'"

"That means you go into a gun store and they run an instant check and if you are OK, you leave with the gun 15 minutes later." ...

"Gun owners don't support this request of yours for so called reasonable gun laws, because it isn't reasonable and it doesn't stand up to common sense either."
 

NY: New trap twist at Binghamton Gun Club
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"The Binghamton Gun Club, the most innovative facility for shotgun sports in the Southern Tier, on Sunday quietly unveiled its latest innovation, an Olympic bunker trap."

"The trap's innovator and builder, Rick Chordash of Ithaca, welcomed several high-caliber and curious international-style shooters to the Kirkwood site for a 'soft opening'-- ostensibly a run-through to make sure everything is in working order prior to the June 7 Empire State Games qualifier there."

"The 15-trap Olympic bunker is the only one in New York or New England. The closest others are in Allentown and Williamsport, Pa. ..." ...
 

NY: Harlem shootings show NYC still has gun problem
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"The Harlem of 2008 is gentrified, moneyed and decidedly less violent than it was a generation ago. But New York City still has a gun problem, and as Memorial Day wound down to a close, gunfire rang out on Lenox Avenue as people ran for their lives ..."

"Six teens were struck and wounded in that Monday shooting ... but that told only half the story of violence in the area. An additional four people were wounded in four unrelated shootings in another part of Harlem."

"Police Commissioner Ray Kelly yesterday lamented, 'the apparent ease with which teens are able to acquire illegal guns and to use them without regard to the consequences.'"

"And the group Harlem Mothers Stop Another Violent End said it's clear the youth of Harlem are in danger." ...
 

NY: Illegal guns cited in rise of shootings and murders
Submitted by: RPA-PAC
Website: HTTP://WWW.RPA-PAC.ORG

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"The flood of illegal handguns on the city's streets is taking a disturbing toll: The number of murders and shootings have risen significantly this year."

"The latest crime statistics reveal that 190 people have been killed this year, compared with 172 during the same period last year — a 10.4% increase."

"The number of shootings is also up, with 499 documented incidents, compared with 444 during the same period last year — a 12.3% jump."

"The latest stats track the bloodshed through Sunday — and don't include one of the bloodiest 24 hours in recent memory when 10 people were shot from Monday night into yesterday in Harlem. Seven of the victims were teens."" ...
 

 QUOTES TO REMEMBER
Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. — Thomas Jefferson, quoting Cesare Beccaria in On Crimes and punishment (1764).

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