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Newslinks for 8/17/2006

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Judge Rejects Motion to Dismiss SAF Lawsuit Against New Orleans
Submitted by: Bruce W. Krafft

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"The Second Amendment Foundation (SAF) today won a key battle in an on-going lawsuit against the City of New Orleans, when a federal judge rejected the city's motion to dismiss the case." ...

"'We're moving ahead with this lawsuit not only to protect the rights of gun owners in New Orleans,' Gottlieb continued, 'but to also make sure that this serves as a warning to public officials across the country to forget about seizing firearms from their law-abiding owners ..."

"'The next step will include getting an accurate inventory of all confiscated firearms still in the city's possession,' Gottlieb stated. 'We're not going to rest until every one of those guns is back in the hands of its rightful owner ...'" ...
 

Judge refuses New Orleans' request to dismiss NRA lawsuit
Submitted by: NYSRPA
Website: HTTP://WWW.NYSRPA.ORG

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"A federal lawsuit accusing the city of illegally confiscating firearms during the chaos that followed Hurricane Katrina was kept alive by a federal judge Wednesday."

"U.S. District Judge Carl Barbier denied a motion by the city of New Orleans to dismiss a suit by the National Rifle Association and the Second Amendment Foundation. ..."

"The city asked the judge to dismiss the suit for lack of jurisdiction, saying 'the states, and by extension their political subdivisions, are free to proscribe the possession of firearms.'"

"The court rejected the motion, ruling the city did nothing to back up 'the brazen assertion' that the second amendment did not apply." ...
 

Gun Owners Victorious in Louisiana
Submitted by: Bruce W. Krafft

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"Today, in a landmark victory for NRA and law-abiding gun owners, Judge Carl J. Barbier of the U.S. District Court for the Eastern District of Louisiana denied the City of New Orleans' motion to dismiss NRA's lawsuit against the city and held that the Second Amendment applies to law-abiding residents in the State of Louisiana and the City of New Orleans. Straining the bounds of credibility and reflecting the true sentiment of anti-gunners, the City of New Orleans contemptuously argued that the Second Amendment does not apply to residents in the State of Louisiana and the City of New Orleans." ...
 

Those who oppose self defense at it again, at home and abroad (BFA)
Submitted by: Bruce W. Krafft

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"There are days after reading or watching news stories, that I am convinced a good chunk of the world has taken leave of their senses. In recent days I read an editorial in the Cincinnati Enquirer advocating the banning of handguns. The author of this tripe was a Cincinnati Lawyer named Robert B. Newman. Somehow he has gotten the notion that the solution to the crime problem in Cincinnati is for the city to ban handguns. Clearly one has lost their good senses and perhaps their touch with reality when they keep trying the same thing over and over again expecting a different result." ...
 

A line of defense in disaster's wake
Submitted by: Bruce W. Krafft

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"As we near the first anniversary of the destruction Hurricane Katrina inflicted on the Gulf Coast, it's worth reflecting on events during the days and weeks following the storm, to determine what went according to plan and what needs improvement.There has been no shortage of hearings, testimony and pontificating ..."

"Something that took place during the evacuation of flooded areas that didn't get much attention from the major media, but had some Internet bulletin boards buzzing, was the confiscation of firearms by law-enforcement personnel."

"Sometimes such measures might be necessary, but in most cases, legally owned firearms in the hands of private citizens can help, rather than hinder, the keeping of the peace." ...
 

GA: Intruder into home shot to death by resident, police say
Submitted by: NYSRPA
Website: HTTP://WWW.NYSRPA.ORG

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"An unidentified intruder was shot and killed by a resident late Monday in a subdivision off Cruse Road in Lawrenceville." ...

"Jose Bercian, 23, told police he walked out of his bedroom about 10:30 p.m. to find a stranger inside his house on Connors Court in Glen Oaks Racquet Club subdivision. Bercian darted back into his room, retrieved a handgun and confronted the man, said Cpl. Darren Moloney, spokesman for the Gwinnett County Police Department."

"The intruder reportedly pulled out his own firearm and shot at Bercian, who returned fire, striking and killing the intruder." ...
 

SC: Home Invasion Robber Shot, Killed
Submitted by: Zendo Deb
Website: http://wheelgun.blogspot.com/

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"A break-in at a Richland County home ended with one of the suspected robbers being shot to death."

"The homeowner says a friend came through to help stop the crime, suffering a bullet wound. ...'" ...

"Within minutes Mark's friends arrived, armed and ready, 'When I opened up the back door I saw the gun in his hand so I told him they had guns in the house and I ran out of the house and that's when the shooting started.'"

"... one shot struck Mark's friend, but he managed to fire back, killing one of the robbery suspects, 29-year-old Jevis Rogers, a Columbia man who's been in prison many times for several crimes including burglary. Mark's friend won't be charged in Rogers' death." ...
 

TX: People wage war against predators
Submitted by: Bruce W. Krafft

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"Angelica Leal, 65, a colonia resident and great-grandmother, slips a loaded .22-caliber pistol into the right pocket of her housedress every time she steps outside."

"She used the rusty pistol to shoot at a bobcat last week when she caught it in her yard with a chicken in its mouth. That bobcat ran away, and Leal is sure there are more bobcats prowling in the area."

"'I got so mad,' Leal said Tuesday as she pointed out the animal's path in her yard. 'He taunted me. He came back over there and sat down. He knew what he wanted.'"

"What he wanted was chicken. Leal has lost more than 30 birds to the cats, she said, and has seven birds left." ...
 

OH: Miami Twp. trustees vote to lift gun ban in parks (BFA)
Submitted by: Bruce W. Krafft

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"The Cincinnati Enquirer is reporting that trustees in Hamilton County's Miami Twp. voted Tuesday to remove a 'no-guns' sign."

"Such signs at each of the five developed parks in this Clermont County township will be replaced. And anybody who wants to carry a gun openly in a park - or has a permit to carry a concealed weapon - will no longer have to worry about facing a fine of up to $100 for a first offense." ...

"The newspaper reports that the township's law director, John Korfhagen, advised trustees Tuesday that failure to lift the ban on guns in parks might result in a suit. Tax money might have to be used to pay for a test case." ...
 

NE: City keeps its ban on concealed weapons
Submitted by: NYSRPA
Website: HTTP://WWW.NYSRPA.ORG

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"The Public Property, Safety and Works Committee voted to keep an ordinance banning concealed weapons within city limits during its meeting Monday."

"The committee also discussed the state's new Concealed Handgun Permit Act, but voted to hold the issue in committee."

"The act, LB 454, passed by the state Legislature and signed into law by Gov. Dave Heineman will allow people to carry concealed handguns in Nebraska beginning Jan. 1, 2007. They would first have to qualify for a concealed-carry permit ..."

"Police Chief William Gumm encouraged the committee to keep the ordinance in place without amendment." ...
 

OH: Ken Blackwell to Sen. Pres. Bill Harris: Meeting/ Action requested on HB347 (BFA)
Submitted by: Buckeye Firearms Association
Website: http://www.buckeyefirearms.org

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"In recent weeks, Buckeye Firearms Association leaders Ken Hanson and Larry Moore participated in two separate conversations with Republican running mates Ken Blackwell and Tom Raga, respectively. ..."

"Among other matters, a key purpose for the discussions was to convey the sense of urgency that Ohio gun owners have been expressing about months of delay in the Senate over HB347. We are pleased to announce that the Blackwell-Raga campaign were extremely receptive to the concerns addressed."

"Buckeye Firearms Association has obtained a copy of a letter from Ken Blackwell dated August 7, addressed to Senate President Bill Harris, requesting a meeting to discuss the inexplicable delay in moving HB347, and encouraging 'prompt action'. ..." ...
 

PA: Defending yourself
Submitted by: NYSRPA
Website: HTTP://WWW.NYSRPA.ORG

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"Legendary football coach Vince Lombardi said the state of fatigue makes cowards of everyone. So does the state of Pennsylvania -- because when attacked or just threatened in public, all have a duty to retreat."

"But Pennsylvania isn't Paris."

"A bill by state Rep. Steven Cappelli, R-Lycoming, allows some Pennsylvanians not to act cowardly -- the 589,143 licensed to carry concealed guns."

"The other 12 million must continue to turn tail like a frightened 10-point buck on the first day of rifle season." ...
 

NE: More Concealed-Carry Restrictions Brought Before City Council
Submitted by: Bruce W. Krafft

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"The city council in Lincoln will probably vote next week on whether to add local restrictions to a state law that allows qualified Nebraskans to carry concealed handguns."

"The council previously rejected Mayor Coleen Seng’s effort to completely ban concealed weapons in the Capitol City. The state law becomes effective in January."

"The proposed city regulations would expand the list of criminal offenses disqualifying a person from carrying a concealed gun in Lincoln." ...
 

PA: History lesson
Submitted by: Bruce W. Krafft

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"If history has taught us anything, it is that laws often have unintended consequences."

"Such is the case of a bill that is being considered by the General Assembly that would permit people to use deadly force to defend themselves when threatened or endangered." ...

"State Rep. Steven Cappelli, R-Lycoming, who is sponsoring the bill, denies the proposal would allow murderers to claim self-defense ... because only people with concealed weapons permits ... would be allowed to shoot in self-defense."

"Cappelli is being incredibly naive." ...

"This bill could have the unintended consequence of allowing more people to get away with murder. It's simply not worth it."
-------

Submitter's note: Harold Fish.
 

The Militarization Of The American Police
Submitted by: Bruce W. Krafft

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"As a former state police trooper, I can state emphatically, that I oppose the move away from local policing to a heavily armed “national” quasi-military police force policy. You need look no further than New Orleans after Katrina. You could watch California Highway Patrol officers and many out of state police agencies going door to door, disarming innocent civilians. Police officers were on a mission to confiscate firearms from people trying to protect themselves. ..."

"... it was absolutely heartbreaking to see beefy, skin-headed officers prying shotguns out of the hands of men and women whose only 'crime' was that they tried to keep themselves alive while the 'officers' could not be found." ...
 

NM: State police officer charged in Las Cruces stabbing
Submitted by: Bruce W. Krafft

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"A state police officer who faces aggravated battery charges has turned himself in to authorities."

"An arrest warrant was issued Tuesday for Nicholas Zepeda, 23. He's accused of stabbing Daniel Reyes, 23, after an Aug. 9 dispute that began at a bar. Zepeda, stationed in Espanola, was off duty at the time and attending a training class, said state police spokesman Lt. Rick Anglada."

"Zepeda has been placed on administrative duties pending the outcome of an internal investigation and the criminal case, Anglada said."

"After being arrested Tuesday and processed by Las Cruces police, Zepeda posted $25,000 bond and was released." ...
 

NJ: Stung by ethics report, Farber is out
Submitted by: Bruce W. Krafft

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"New Jersey Attorney General Zulima Farber resigned Tuesday, hours after a special prosecutor issued a scathing report [.pdf file] saying she violated state ethics codes by showing up at a Fairview traffic stop involving her boyfriend."

"At times defiant, Farber stood beside Governor Corzine at a news conference in Trenton and said she would leave office Aug. 31."

"'I admit being human and making that error,' she said. 'And I apologize to all of New Jersey for my mistake.'"

"However, Farber insisted she asked no one to 'fix tickets' and never intended to exert any influence."

"New Jersey's first Hispanic attorney general, Farber took office in January vowing to clean up state government. ..." ...
 

NY: Taking aim at Mayor Bloomberg's anti-gun policies
Submitted by: NYSRPA
Website: HTTP://WWW.NYSRPA.ORG

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"In recent months, New York City Mayor Michael Bloomberg has been hailed as a hero in newspaper editorials for playing the role of gun czar in the fight against illegal firearms. (Two recent Journal News editorials on gun violence in Westchester, 'Gunfire in New York,' on Aug. 2, and 'Tracing crime guns,' on July 14, lauded Bloomberg and other mayors' anti-gun efforts)."

"This self-appointed job may sound positive, but the mayor's actions were ill-conceived and counterproductive to catching criminals, possibly even dangerous to law enforcement. The mayor's rhetoric, designed to garner headlines, is misleading about the federal agency responsible for stopping gun traffickers and firearms legislation being considered by Congress." ...
 

NY: Residents file suit against range
Submitted by: Bruce W. Krafft

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"Every sunny Sunday, for residents along Gerrard Avenue in Yaphank it sounds like the Fourth of July -- with sporadic bursts of gunfire from a nearby shotgun range shattering the peace of the afternoon."

"Residents there joined with the Long Island Pine Barrens Society and filed a lawsuit last week to close the range , arguing that the facility at Southhaven County Park produces 'insufferable noise,' and is illegal under the Pine Barrens Act." ...

"Wroobel said those who hate the sound of gunfire should have considered this before buying property next to a range that, before 2001, had been open for decades. But many residents said they received assurances from ... town officials that the range would remain closed." ...
 

KY: Fire at will
Submitted by: Bruce W. Krafft

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"For Barry Laws, chasing his dream meant moving from a big city to a small town, not the other way around."

"A former actor, Laws moved from Los Angeles to Crestwood to pursue his goal of owning the 'best range in the United States.' When his OpenRange shooting range opened last month, Laws said his dream came true."

"With five rifle stations, 12 pistol stations and an indoor paintball-reball field, OpenRange is more than a basic gun range. Reball is basically paintball without the paint, so it's less messy."

"Specialty knives, women's firearms accessories, guns and paintball equipment are all sold there. OpenRange also features an upstairs viewing area, so friends can watch each other battle on the paintball field." ...
 

Russia: The Makarov bows out
Submitted by: Bruce W. Krafft

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"News that Russia's Interior Ministry has decided to use some foreign small arms, including Glock, Walther, and Heckler & Koch pistols, has been unpleasant for Russian designers."

"'Why?' they say, 'Our police generals are acting like boys. They have seen too many Hollywood thrillers and spend public money on foreign toys. Our pistols are in no way worse. Some of the foreign makes don't hold a candle to them.'"

"That is, of course, a bit much. But Russian-made pistols, aside from the outdated Makarov (which is more than 50 years old now), are in no way inferior to the Glock, Walther, or Heckler & Koch, and there is strong evidence to support this conclusion. ..." ...
 

Australia: Man charged over gun on bus
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A MAN has been charged after being found on a public bus in Newcastle allegedly carrying a gun, throwing-knives and a wooden baton.

Passengers aboard the bus spotted a gun tucked into the man's pants just after 11am (AEST) yesterday, police said.

Police met the bus in Hunter Street where they searched the 41-year-old Newcastle man.

They seized a gun, along with three throwing-knives and a wooden baton.

The man was charged with possession of a knife in a public place, possession of an offensive implement in a public place, possession of an unauthorised firearm and possession of an unregistered, unauthorised pistol in a public place.

He was refused bail and will appear in Newcastle Local Court later today.
 

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