good guys with guns 09-30-09

by permission from Stephen P. Wenger
comments in () by him as well
http://www.spw-duf.info

Oops, Wrong Truck: Police said one of two men who tried to steal a
pickup truck from a group of people gathered outside a Murray Hill
home was shot several times by a homeowner and his friend.
Jacksonville [FL] Sheriff's Office Lt. Larry Schmitt said when police
arrived at the 3000 block of College Street, they found a man shot
multiple times. According to the police report, Keith Loftin was
outside the home with some friends shortly after 2 a.m. when two men
asked for a ride in Loftin's truck. Loftin said one of the men pulled
a gun on them and forced Loftin into his truck. Loftin told officers
that his friend, Barry Smith, ran into the house and returned with a
gun and Loftin pulled his own gun from inside the truck. Police said
both Loftin and Smith fired at one of the men, striking him multiple
times. The man shot, identified as Jamel Mobley, 21, of St. Marys,
Ga., was taken to Shands-Jacksonville Medical Center and was in stable
condition. Police said the second man took off. Police were still
looking for him, but they have only a vague description…

http://www.news4jax.com/news/21156773/detail.html
---

Oops, Wrong House, California Version: Three suspects arrested in
Sutter County after an attempted home burglary ran into the worst of
luck - a homeowner with experience fighting off intruders. Two women
and a man, all Sacramento residents, broke into an isolated house at
about 2 p.m. Monday in the 3900 block of O'Banion Road west of Yuba
City, according to Sheriff J. Paul Parker. The owner, David Massey,
armed himself with a handgun and discovered one woman in his kitchen
while the other woman and the man fled out the back door, Parker said.
The suspects got into a Ford Explorer parked on the circular driveway
outside and drove it toward Massey, but he fired six shots toward the
vehicle just before it rolled onto its side, the 63-year-old homeowner
recalled Monday night… Massey's last encounter with suspected burglars
also ended in gunfire. On July 2, 2008, deputies arrived at his house
after he reportedly fired his handgun at a suspected burglar fleeing
in a pickup and held another alleged robber at gunpoint…

http://www.appeal-democrat.com/news/suspects-87065-sheriff-women.html
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2009m9d29-Armed-CA-homeowner-defends-himself-against-3-burglars
---

Oops, Wrong House, Kashmir Version: A teenage girl says she killed a
militant with his own gun after insurgents attacked their home in
Indian-administered Kashmir. Three militants stormed into Rukhsana
Kauser's home in a remote village in Jammu region on Monday and
started beating her parents in front of her. Ms Kauser, 18, and her
brother turned on the gunmen, killing one and injuring two more.
Police praised their courage. One of the militants wanted to marry Ms
Kauser against her will, police said. The militants escaped and are
now being sought by police who are using their blood trails as clues…
Ms Kauser said she grabbed one of the militants by the hair and banged
his head against the wall. When he fell down she hit him with an axe,
before snatching his rifle. "I fired endlessly. The militant commander
got 12 shots on his body." Her brother, Eijaz, 19, grabbed one of the
other militants' guns and also began shooting… "I had never touched a
rifle before this, let alone fired one. But I had seen heroes firing
in films on TV and I tried the same way. Somehow I gathered courage -
I fired and fought till dead tired." …

http://news.bbc.co.uk/2/hi/south_asia/8279929.stm

Rukhsana Kausar, 21, was with her parents and brother in Jammu and
Kashmir when three gunmen, believed to be Pakistani militants, forced
their way in and demanded food and beds for the night. Their house in
Shahdra Sharief, Rajouri district, is about 20 miles from the
ceasefire line between Indian and Pakistani forces. It is close to
dense forests known as hiding places for fighters from the
Lashkar-e-Taiba group, which carried out the Mumbai terrorist attack
last November. Militants often demand food and lodging in nearby
villages. When they forced their way into Miss Kausar's home, her
father Noor Mohammad refused their demands and was attacked. His
daughter was hiding under a bed when she heard him crying as the
gunmen thrashed him with sticks. According to police, she ran towards
her father's attacker and struck him with an axe. As he collapsed, she
snatched his AK47 and shot him dead. She also shot and wounded another
militant as he made his escape. Police have hailed the woman's
bravery. They said she would be nominated for the president's
gallantry award. She may also receive a £4,000 reward if, as police
believe, the dead terrorist is confirmed as Uzafa Shah, a wanted
Pakistani LeT commander who had been active in the area for the past
four years… (I don't recall Americans receiving awards and rewards for
shooting intruders who break into our homes.)

http://www.telegraph.co.uk/news/worldnews/asia/india/6244076/Farmers-daughter-disarms-terrorist-and-shoots-him-dead-with-AK47.html
---

09-30-09

By permission from Stephen P. Wenger
comments in () by him as well
http://www.spw-duf.info

Supremes to Hear McDonald v. Chicago: The Supreme Court on Wednesday
said it will decide whether the right to own guns for self-defense,
announced by the court last year when it struck down the District of
Columbia's ban on handguns, also covers states and other cities with
gun-control laws. The landmark decision in Heller v. District of
Columbia did not address the question of whether the Second Amendment
extends beyond the federal government and federal enclaves like the
District. The case the court accepted Wednesday concerns the city of
Chicago, which bans most handguns… Alan Gura, the Alexandria lawyer
who successfully challenged the District's law, sued the city of
Chicago, which has a handgun ban virtually identical to Washington's,
plus other restrictions. Ruling in that case, the U.S. Court of
Appeals for the 7th Circuit said only the Supreme Court can decide
whether the Second Amendment applies. That was the same position a
panel of the U.S. Court of Appeals for the 2nd Circuit took in a
Second Amendment challenge to a New York state law. The panel included
Sonia Sotomayor, who will now apparently be able to decide the issue
as the Supreme Court's newest justice… (Actually, the case was
District of Columbia v. Heller. Parker, Heller, et al. had already won
at the Court of Appeals and DC decided to gamble on an appeal to the
Supremes.)

http://www.washingtonpost.com/wp-dyn/content/article/2009/09/30/AR2009093001723.html?hpid=topnews

…The court said it will review a lower court ruling that upheld a
handgun ban in Chicago. Gun rights supporters challenged gun laws in
Chicago and some suburbs immediately following the high court's
decision in June 2008 that struck down a handgun ban in the District
of Columbia, a federal enclave. The new case tests whether last year's
ruling applies as well to local and state laws. The 7th U.S. Circuit
Court of Appeals upheld ordinances barring the ownership of handguns
in most cases in Chicago and suburban Oak Park, Ill. Judge Frank
Easterbrook, an appointee of President Ronald Reagan, said that "the
Constitution establishes a federal republic where local differences
are to be cherished as elements of liberty rather than extirpated in
order to produce a single, nationally applicable rule. Federalism is
an older and more deeply rooted tradition than is a right to carry any
particular kind of weapon," Easterbrook wrote. Evaluating arguments
over the extension of the Second Amendment is a job "for the justices
rather than a court of appeals," he said. (Since English legal
philosophers have long recognized that self-defense is Nature's first
law, Easterbrook's assignment of historical priority to federalism
sounds a bit suspect.)

http://www.washingtontimes.com/news/2009/sep/30/high-court-look-local-gun-control-laws/

…Since the 1st Amendment begins with the words, "Congress shall make
no law respecting" such matters as an "establishment of religion" or
"abridging the freedom of speech," it was understood originally to
limit only Congress and the national government. The same was true of
the other parts of Bill of Rights. After the Civil War, the 14th
Amendment was added to the Constitution, and it says a state may not
"abridge the privileges and immunities" of citizens nor deprive any
person of "liberty . . . without due process of law." In the mid-20th
century, the Supreme Court decided, in a step-by-process, that such
fundamental rights as the freedom of speech, the free exercise of
religion and the freedom from "unreasonable searches" are part of the
"liberty" protected by 14th Amendment. These rulings permit
constitutional challenges to state and local laws… Lawyers for Chicago
had urged the court to reject the appeal. They said that easily
concealed handguns pose a special danger in cities. "Homicides are
most often committed with guns, especially handguns," they said,
citing a Justice Department study. The city also said that while
nearly all handguns are illegal, residents are permitted to have
rifles or shotguns at home for self-defense…

http://www.latimes.com/news/nationworld/nation/la-na-supreme-court-guns1-2009oct01,0,5955852.story

From SAF: The U.S. Supreme Court announced today that it will hear the
case of McDonald v. City of Chicago, and decide whether the right to
keep and bear arms secured by the Second Amendment protects Americans
from overreaching state and local governments. At issue is a
27-year-old Chicago law banning handguns, requiring the annual
taxation of firearms, and otherwise interfering with the right of
law-abiding individuals to keep guns at home for self-defense. The
case was brought on behalf of four Chicago residents, the Second
Amendment Foundation, and the Illinois State Rifle Association. Last
year, in the landmark case of District of Columbia v. Heller, the
Supreme Court held that the Second Amendment guarantees an individual
right to keep and bear arms. However, as that case concerned the
actions of the District of Columbia government, a federal entity, the
high court was not called upon to decide whether the right bound
states and local governments. Over the years, almost the entire Bill
of Rights has been held to apply to state and local governments by
operation of the Fourteenth Amendment…

http://saf.org/viewpr-new.asp?id=304
---

Questionable Study: In a first-of-its-kind study, epidemiologists at
the University of Pennsylvania School of Medicine found that, on
average, guns did not protect those who possessed them from being shot
in an assault. The study estimated that people with a gun were 4.5
times more likely to be shot in an assault than those not possessing a
gun. The study was released online this month in the American Journal
of Public Health, in advance of print publication in November 2009…
What Penn researchers found was alarming - almost five Philadelphians
were shot every day over the course of the study and about 1 of these
5 people died. The research team concluded that, although successful
defensive gun uses are possible and do occur each year, the chances of
success are low. People should rethink their possession of guns or, at
least, understand that regular possession necessitates careful safety
countermeasures, write the authors. Suggestions to the contrary,
especially for urban residents who may see gun possession as a defense
against a dangerous environment should be discussed and thoughtfully
reconsidered… (The chances of success are certainly lower if you
settle for all the training that comes in the box with the gun but the
numerous self-defense incidents shared via these mailings certainly
make one suspect the objectivity of this "study," published in a
journal with a known hostility to the RKBA.)

http://www.earthtimes.org/articles/show/penn-study-asks-protection-or,979178.shtml
---

Kansas Couple Offer Training: Slightly built with gray hair and kind
eyes, Kay Curtis makes candy and stained glass, and has a genteel
politeness rarely seen outside old movies. The Lenexa grandmother
makes her living with guns and self-defense training. She wants women
to have power. So does her husband, Bob, a soft-spoken soul who has
spent much of his life as a Presbyterian minister. Today Bob and Kay,
a former lawyer, are a pistol-packing pair with a federal firearms
license who make and sell their own ammo, train people how to drop a
bad guy at 30 feet, and teach women how to fight. Through Equalizer
Defense Instruction & Training, a company they run from their home,
the Curtises teach state-mandated concealed-carry classes for Missouri
and Kansas residents, shooting skills and two kinds of women's
self-defense courses…

http://www.kansascity.com/637/story/1477011.html
---

New Mexico City Settles Open-Carry Suit: The city of Alamogordo
settled a civil case Wednesday with Matthew A. St. John for $21,000
over a violation of St. John's Fourth Amendment right "against
unreasonable searches and seizures," according to federal court
records. St. John, 27, also had filed a claim for false arrest and
battery, but the U.S. District Court for the District of New Mexico in
Las Cruces denied it. The settlement came after U.S. District Court
Judge Bruce D. Black issued his opinion and order on Sept. 8. St.
John's attorney, Miguel Garcia, said under the terms of the
settlement, the parties agree that "the defendants were not admitting
liability." Garcia said the settlement awards St. John damages and
covers St. John's legal fees… Black wrote in his opinion and order,
"the undisputed facts that Mr. St. John's seizure and search was
unreasonable." Black continued in his opinion that "the defendants
(officers) lacked a justifiable suspicion that St. John had committed
a crime, was committing a crime or was about to commit a crime." In
his written opinion, Black also stated "nor was there any reason to
believe a crime was afoot." He stated in his opinion that the
defendants simply received a report that an individual was carrying a
firearm in a location where individuals could lawfully carry firearms…

http://www.alamogordonews.com/ci_13441455
http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d29-Alamogordo-police-pay-21000-to-settle-open-carry-lawsuit
---

Oops, Wrong Truck: Police said one of two men who tried to steal a
pickup truck from a group of people gathered outside a Murray Hill
home was shot several times by a homeowner and his friend.
Jacksonville [FL] Sheriff's Office Lt. Larry Schmitt said when police
arrived at the 3000 block of College Street, they found a man shot
multiple times. According to the police report, Keith Loftin was
outside the home with some friends shortly after 2 a.m. when two men
asked for a ride in Loftin's truck. Loftin said one of the men pulled
a gun on them and forced Loftin into his truck. Loftin told officers
that his friend, Barry Smith, ran into the house and returned with a
gun and Loftin pulled his own gun from inside the truck. Police said
both Loftin and Smith fired at one of the men, striking him multiple
times. The man shot, identified as Jamel Mobley, 21, of St. Marys,
Ga., was taken to Shands-Jacksonville Medical Center and was in stable
condition. Police said the second man took off. Police were still
looking for him, but they have only a vague description…

http://www.news4jax.com/news/21156773/detail.html
---

Oops, Wrong House, California Version: Three suspects arrested in
Sutter County after an attempted home burglary ran into the worst of
luck - a homeowner with experience fighting off intruders. Two women
and a man, all Sacramento residents, broke into an isolated house at
about 2 p.m. Monday in the 3900 block of O'Banion Road west of Yuba
City, according to Sheriff J. Paul Parker. The owner, David Massey,
armed himself with a handgun and discovered one woman in his kitchen
while the other woman and the man fled out the back door, Parker said.
The suspects got into a Ford Explorer parked on the circular driveway
outside and drove it toward Massey, but he fired six shots toward the
vehicle just before it rolled onto its side, the 63-year-old homeowner
recalled Monday night… Massey's last encounter with suspected burglars
also ended in gunfire. On July 2, 2008, deputies arrived at his house
after he reportedly fired his handgun at a suspected burglar fleeing
in a pickup and held another alleged robber at gunpoint…

http://www.appeal-democrat.com/news/suspects-87065-sheriff-women.html
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2009m9d29-Armed-CA-homeowner-defends-himself-against-3-burglars
---

Oops, Wrong House, Kashmir Version: A teenage girl says she killed a
militant with his own gun after insurgents attacked their home in
Indian-administered Kashmir. Three militants stormed into Rukhsana
Kauser's home in a remote village in Jammu region on Monday and
started beating her parents in front of her. Ms Kauser, 18, and her
brother turned on the gunmen, killing one and injuring two more.
Police praised their courage. One of the militants wanted to marry Ms
Kauser against her will, police said. The militants escaped and are
now being sought by police who are using their blood trails as clues…
Ms Kauser said she grabbed one of the militants by the hair and banged
his head against the wall. When he fell down she hit him with an axe,
before snatching his rifle. "I fired endlessly. The militant commander
got 12 shots on his body." Her brother, Eijaz, 19, grabbed one of the
other militants' guns and also began shooting… "I had never touched a
rifle before this, let alone fired one. But I had seen heroes firing
in films on TV and I tried the same way. Somehow I gathered courage -
I fired and fought till dead tired." …

http://news.bbc.co.uk/2/hi/south_asia/8279929.stm

Rukhsana Kausar, 21, was with her parents and brother in Jammu and
Kashmir when three gunmen, believed to be Pakistani militants, forced
their way in and demanded food and beds for the night. Their house in
Shahdra Sharief, Rajouri district, is about 20 miles from the
ceasefire line between Indian and Pakistani forces. It is close to
dense forests known as hiding places for fighters from the
Lashkar-e-Taiba group, which carried out the Mumbai terrorist attack
last November. Militants often demand food and lodging in nearby
villages. When they forced their way into Miss Kausar's home, her
father Noor Mohammad refused their demands and was attacked. His
daughter was hiding under a bed when she heard him crying as the
gunmen thrashed him with sticks. According to police, she ran towards
her father's attacker and struck him with an axe. As he collapsed, she
snatched his AK47 and shot him dead. She also shot and wounded another
militant as he made his escape. Police have hailed the woman's
bravery. They said she would be nominated for the president's
gallantry award. She may also receive a £4,000 reward if, as police
believe, the dead terrorist is confirmed as Uzafa Shah, a wanted
Pakistani LeT commander who had been active in the area for the past
four years… (I don't recall Americans receiving awards and rewards for
shooting intruders who break into our homes.)

http://www.telegraph.co.uk/news/worldnews/asia/india/6244076/Farmers-daughter-disarms-terrorist-and-shoots-him-dead-with-AK47.html
---

S&W Ships Walther PK380 Pistols: Smith & Wesson Corp., the legendary
157-year old firearms maker, announced that it has begun shipping the
new Walther PK380 pistol. The design of the PK380 is engineered on one
of Walther's most popular platforms, the P22. The new Walther
semi-automatic pistol delivers the power of a .380 in a lightweight,
ambidextrous firearm. Versatile, comfortable and nearly the same size
as the P22, the PK380 carries on Walther's longstanding tradition of
innovation and technical expertise… (Aside from my preference for a
more potent cartridge than the .380 ACP [9x17mm], my limited
experience with the Walther P22 would not lead me to base a serious
defensive pistol on that platform.)

http://www.ammoland.com/2009/09/29/smith-wesson-shipping-walther-pk380-pistols/
---

There's a Reason God Put Those People on an Island: When Tracy Ryan
spotted a suspected burglar emerging from the dog sanctuary where she
works, she thought she would have little problem pointing him out to
police. After all, he had a large port-wine stain on his face. But
when police set up an identity parade, they refused to take the man's
distinctive birthmark into account - in case it infringed his human
rights. An officer from the Nottinghamshire force explained that the
mark was too rare to be included in a profile of the burglar when it
was entered into a computer database. It would leave only a small pool
of potential suspects in the electronic ID parade, he said, breaking
police rules… (How much worse can it get in Britain? British subjects
are already targeted by the police when they use force against
burglars.)

http://www.dailymail.co.uk/news/article-1216501/Mark-madness-Police-refuse-suspects-birthmark-ID-parade--sale-human-rights.html

good guys with guns 09-29-09

by permission from: Stephen P. Wenger
http://www.spw-duf.info

Oops, Wrong Coin Collection: A man stealing a coin collection in a
Hilton Head Plantation home at noon Wednesday found himself running
for his life after the homeowner shot at him and chased him out of the
house. The unidentified man, who was armed with a large stick or club,
broke into a house on Teal Lane while the residents were inside,
according to a news release from the Beaufort County [SC] Sheriff's
Office. The intruder entered through the unlocked front door and
walked down the hall into a bedroom, where he started stealing a coin
collection, according to the release. The owner confronted the robber,
who threatened the owner and kept taking the coins, according to the
release. The owner ran to another room, grabbed a handgun and chased
the robber. The owner fired a shot and missed, and the robber drove
off in an SUV. Sheriff's Office spokeswoman Cpl. Robin McIntosh said
she did not know if the shot was fired while they were inside or
outside the home. The homeowner fell while chasing the robber and
suffered minor injuries. His wife, who also was home, was not injured,
according to the release… (It sounds as thought the homeowner followed
Rule Three and kept his finger out of the trigger guard.)

http://www.islandpacket.com/news/local/story/977062.html
---

09-29-09

By permission from: Stephen P. Wenger
comments in () by the same
http://www.spw-duf.info

Coming Soon, to the Supreme Court: … The court also is considering
whether to hear several other cases with broad implications, such as
whether the Second Amendment right to self-defense, which the court
first identified last year, limits state weapons regulations. The 2008
decision, a 5-4 vote, split along ideological lines. The court's five
conservatives voted together in that case and have begun paring back
liberal precedents in others. But they have often failed to agree on
the reasoning behind shared outcomes, issuing separate concurring
opinions that differ in scope and stop short of fully overruling prior
decisions the four liberals fought to preserve. Some legal observers
think the conservative majority may be ready to move more forcefully.
"I'm hopeful that the chief justice will demonstrate a willingness to
overturn wrong precedent when the occasion for reconsidering the
precedent is ripe," says Ed Whelan, president of the conservative
Ethics and Public Policy Center and a former clerk for Justice Antonin
Scalia…

http://online.wsj.com/article/SB125417630049247539.html?mod=WSJ_hpp_RIGHTTopCarousel

The "Chicago Gun Cases" are now pending in the Supreme Court, which
should vote on September 29 whether to hear them or not. In the
meantime, yet another case is slowly moving in the same direction.
Like the Chicago cases, the main issue is whether the 2nd Amendment
applies to the States via the 14th Amendment. Nordyke v. King
challenges an Alameda County, California, regulation forbidding
carrying of firearms on county property, a rule that was aimed at
barring gun shows from the county fairground. Gun show organizers
filed suit in 1999 – yes, the case has bounced from one court to
another for a full decade! It finally arrived in the 9th Circuit Court
of Appeals, which covers the far west and has historically been
anti-gun… The en banc hearing was held on September 24. Based on past
votes, of the 11 judges, four or five were pro-gun, two were antigun,
and 4-5 were unknown. Nordyke's counsel, Don Kilmer, thought that two
of the unknowns seemed favorable during the argument. Few of the
questions were hostile to the core issue of applying the 2nd Amendment
to the States – most concerned whether gun shows could be held
elsewhere, or similar minutae. Five hours later, the Ninth Circuit
announced that it would hold the case, without ruling, until the
Supreme Court disposed of the Chicago gun cases. The Circuit saw no
reason to stick its neck out, guess what the Supreme Court will think
and get its decision reversed if it guesses wrong. If the Supreme
Court takes the Chicago cases, the Ninth Circuit will wait for the
results before ruling. If it declines the Chicago cases, the 9th
Circuit will have to rule (don't hold your breath: en banc rulings
usually take many months), and once it does, the issue may have a
second shot at the Supreme Court.

http://www.ammoland.com/2009/09/28/nordyke-another-right-to-arms-case/
---

The Man Who "Saved the Second Amendment": …In 2007, Judge Laurence
Silberman, senior judge on the U.S. Court of Appeals for the District
of Columbia, wrote a decision overturning the District of Columbia's
ban on handguns.  The following year, the Supreme Court agreed with
him… To watch Judge Silberman explain his reasoning in the most
important Second Amendment decision in at least seven decades, click
here… (Note that this is a five-part set of video clips; as of today,
only the first two are posted.)

http://tv.nationalreview.com/uncommonknowledge/
---

GRPC a Big Success: The 24th Annual Gun Rights Policy Conference,
"Challenges Ahead," wrapped up this weekend, and was jam packed with
good information for pro-gun activists across the country. While we
are faced with a multitude of challenges from the economy and an
anti-gun administration, there is plenty of hope for the future if
we're willing to work for it. Alan Gottlieb, the architect of the
Conference who is also founder of the Second Amendment Foundation and
chairman of the Citizens Committee for the Right to Keep and Bear
Arms, was joined by top activists from around the country to present
on such topics as federal affairs, international treaties, state
legislation, and judicial precedents. One of the priorities this year
will be to continue to work towards national reciprocity of concealed
carry licenses. This would mean that a license or permit issued by a
state would be valid in all the others. There will also be efforts to
reform taxing for the firearms industry, work to expand gun rights for
college students, continuing efforts to preserve knife rights, and of
course we must always remain vigilant in defending our rights at all
levels…

http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d28-Gun-Rights-Policy-Conference-a-big-success
---

RKBA Activists Being Featured: In late July I was contacted by Max
Lemus, a young man traveling the country making a documentary about
"gun control," working title "Not Without a Fight." He is recording
interviews with selected activists involved in the gun rights
struggle. Long story short, we got together at the beginning of this
month and recorded a Q&A session that lasted over an hour. Naturally,
much of that will not appear in the finished documentary, as he has
many other people he's already spoken to, and many still to go. That
said, I was happy to see he's begun posting some of the raw footage on
YouTube. Two segments featuring yours truly follow… It looks like he's
got a lot of good names so far: Joel Rosenberg, Joseph Olsen, Brian
Jeffs, and two Gun Rights Examiners: Howard Nemerov in Austin and Skip
Coryell in Grand Rapids. More will be added - I understand Max is in
Washington, DC, today, taping Kenn Blanchard, and others will follow.
[UPDATE: I see two clips have been added featuring Minneapolis GRE
John Pierce.] …

http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m9d28-Documentary-spotlights-gun-rights-activists
---

Bloomberg Group May Have Boosted Black Homicide Deaths: New evidence
indicates that New York City Mayor Bloomberg's gun control laws may
have resulted in an increased level of Black murder victims. A
previous article noted how the Mayors Against Illegal Guns (MAIG) is
really a gun ban organization. nother article showed how gun control
impacts Blacks more than Whites. In states which deny law-abiding
citizens from carrying concealed handguns, Blacks accomplish fewer
justifiable homicides, while Whites garner a greater percentage. In
Right-to-Carry states, these percentages are reversed, showing that
less gun control correlates with a Black citizen's increased freedom
to defend their life, business, and family. ayor Bloomberg, head of
MAIG, resides in one of the 10 remaining states which generally deny a
citizens' right to carry a concealed handgun for protection. New York
City (NYC) has addition laws and restrictions, requiring a lengthy and
expensive licensing and registration process in order to own a gun…
(While New York City is extremely restrictive with handgun licenses,
issuance is variable around the state. Many counties restrict the
licenses but there are some which issue "unrestricted" licenses, the
New York version of a carry permit.)

http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d29-Bloomberg-gun-control-and-racism
---

Restaurant Carry Reaches Arizona Tomorrow: Starting Wednesday, those
carrying concealed weapons are allowed to enter Arizona's roughly
5,300 establishments licensed to sell alcohol, as long as they don't
drink. If those bar and restaurant owners don't want guns on the
property, they must post a sign indicating that they are not allowed.
The law only requires one sign be posted in a "conspicuous" place,
near the establishment's liquor license. But Al McCarthy, owner of
Duke's Sports Bar & Grill in Scottsdale, put up three signs - one for
each entrance to his property - "as soon as the bill passed" nearly
three months ago. "I want to make sure there's no confusion as to
where this business stands on the issue," McCarthy said. "I have yet
to have a customer to tell me they wish I hadn't put up the sign."
…Janie Riddle, co-owner of the local chain Valle Luna, decided not to
post any signs banning firearms, saying that it would be "business as
usual" at the family's three Mexican restaurants. "We've never had a
problem in 26-plus years," said Riddle, whose husband, grown children
and various relatives also work at Valle Luna. "We basically talked
about it as a family and as a business and just decided it was in the
best interest to not prohibit law-abiding citizens from exercising
their rights under the Second Amendment." Riddle also said they felt
the presence of those carrying guns legally could deter trouble from
those carrying guns illegally. "I think it would get them to think
twice, big time," she said…

http://www.azcentral.com/arizonarepublic/news/articles/2009/09/29/20090929gunlaw0929.html

It is hard to miss the picture of a gun with the diagonal red cross
running through it as you enter Granny's Closet. Martin Zanzucchi,
owner of the well-known Flagstaff restaurant, said he had no other
choice than to paste the sign on the front door of his business. The
only other option would have allowed anyone with a state-issued permit
to carry a concealed weapon into the restaurant his family has owned
since the early '70s. "It is a bad law," Zanzucchi said simply, noting
the signs have been on his doors for several weeks… In downtown
Flagstaff, Tim Hay with Maloney's Tavern said he won't be posting any
signs. He, too, thinks the signs can easily be misunderstood. Some
patrons might think the business has had some kind of ongoing problem
with guns. In Maloney's case, that's not been a problem. Hay said his
staff will allow patrons to bring in the concealed weapons so long as
they follow the letter of the law - which includes a prohibition on
consuming alcohol while carrying a concealed weapon… (Flagstaff, home
to Northern Arizona University, has one of the largest concentrations
of "progressives" in Arizona.)

http://www.azdailysun.com/articles/2009/09/29/news/20090929_front_204626.txt
--

Tennessee County Drops Park-Carry Ban: Knox County Commission today
voted 13-5 in favor of allowing handgun permit holders to carry their
weapons in county parks. Voting to allow guns in parks were
Commissioners Tony Norman, Ivan Harmon, Mike Hammond, Craig Leuthold,
Richard Briggs, Brad Anders, Greg "Lumpy" Lambert, R. Larry Smith,
Michele Carringer, Bud Armstrong, Dave Wright, Mike Brown and Paul
Pinkston. Voting for the ban were Commissioners Sam McKenzie, Thomas
"Tank" Strickland, Mark Harmon, Amy Broyles and Finbarr Saunders.,,
Briggs pointed out that there has been no instances of emotional
people using baseball bats in confrontations at county parks so he
didn't expect parents to resort to using guns as a lethal weapon.
Those opposed to allowing guns in parks expressed concern because some
parents get emotional during sporting events in county parks… The
Legislature this year approved legislation allowing handgun permit
holders to carry their guns in local and state parks. The bill
included an "opt out" provision where cities and counties could opt
out of the legislation… (The Knoxville city council had already voted
to maintian its park-carry ban.)

http://www.knoxnews.com/news/2009/sep/28/commission-votes-support-guns-parks/
---

California Governor Flooded with Opposition to Anti-RKBA Bills: With
great support from Cabela's and major distributors throughout the
country, grassroots efforts to combat three anti-gun bills in
California have been so strong that the Governor's Office has had to
open up another fax line (916-445-4633) to handle demands that he veto
the anti-gun legislation. NSSF is encouraging all manufacturers,
retailers and distributors, along with all sportsmen, gun owners and
firearms enthusiasts, to continue calling, writing and faxing Gov.
Schwarzenegger's office urging him to veto AB 962 (ammunition
registration), SB 41(burdensome and unnecessary regulations that
duplicate existing requirements under federal law governing the sale
of firearms) and SB 585 (prohibitions on the lawful sale of firearms
and ammunition at the Cow Palace exhibition center). NSSF and the
California Association of Firearms Retailers (CAFR) urge all gun
owners in the state to contact the governor's office and respectfully
urge him to veto these anti-gun bills…

http://www.rightsidenews.com/200909296644/editorial/gov-schwarzeneggers-flooded-with-opposition-to-anti-gun-bills.html
http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d29-If-they-cant-take-your-guns-theyll-take-your-bullets
---

A Tale of Two Churches: Last week in Mitchell County, a man with gun
robbed a preacher in his church.  The story notes that armed robbers
held up three deacons at a church in Camilla, Georgia, about a month
ago.  What makes this ironic is that Georgia is one of only five
states that makes it illegal for a preacher, or anybody else, to carry
a firearm to or while at a church.  The reason, of course, is
Georgia's infamous public gathering law, passed in 1870 to disarm
black worshippers and place them at the mercy of armed mobs. Georgia's
public gathering law has never deterred criminals, and, in fact, makes
it safer for criminals to ply their evil trade. Since most other
states do not have a gun ban for churches, the outcome of robbery
attempts on the local preacher is sometimes very different from what
happens in Georgia.  Yesterday (Sunday), a preacher shot an armed
robber in Detroit, Michigan.  The robber is expected to survive, but
we cannot help but observe that criminals in Michigan are learning a
very different lesson from criminals in Georgia.  Churches may not be
such a soft target after all.

http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2009m9d28-A-tale-of-two-churches
---

Location, Location, Location?: The promotion was a simple concept, one
sure to generate sales - and maybe a little controversy: Buy a truck,
get a gun.    But a central Ohio car dealer has found little interest
this month, from either truck buyers or the dueling sides of the
firearm-rights debate. Chesrown Superstore in Delaware is winding down
its "trucks 'n' guns" deal about two weeks after it started. Customers
who bought a truck, SUV or crossover also received a voucher worth up
to about $500 to a local hunting club to buy a rifle, shotgun or
crossbow. The promotion helped sell about 10 vehicles, said Ryan Gill,
Chesrown's Internet sales manager. The dealership sells General Motors
brands… Dozens of car dealers across the country have used some
version of this promotion, with wildly varying results. One of the
first and most high-profile examples occurred last year at Max Motors
in Butler, Mo. While Chesrown has shied away from any explicitly
political message - its online promotion ties the offer to hunting
season - Max Motors owner Mark Muller came out with his metaphorical
guns blazing. First, he offered a voucher for handguns. Then, this
summer, he offered a voucher for assault rifles, including the AK-47.
"It was extremely successful," Muller said. "We doubled our sales." …
(It sounds as though Muller understands the value of taking a
political stance, rather than catering to the hunting crowd. Max
Motors also uses its website for nationwide discounted sales of
American automobiles so not all of his increased sales may have been
local.)

http://www.columbusdispatch.com/live/content/business/stories/2009/09/29/guns.html?sid=101
---

Infamous Tacoma Gun Shop Won't Regain FFL: A gun shop in Tacoma linked
to the District of Columbia sniper case will not get its firearms
license back. Judge Ricardo S. Martinez of Federal District Court
ruled that the government properly revoked the license of Bull's Eye
Shooter Supply, operated by Brian Borgelt and Charles Carr, where the
snipers, John A. Muhammad and Lee Boyd Malvo, obtained weapons. The
two lived in the Tacoma area before the string of random sniper
shootings that left 10 dead in October 2002. (The trace of Muhammad's
Bushmaster XM-15 back to this gun shop led to the discovery of
multiple thefts from their inventory.)

http://www.nytimes.com/2009/09/29/us/29brfs-GUNSHOPWONTG_BRF.html?_r=1&ref=us

But…: Before the local and national press gloat too loudly over their
chance to report that a federal judge has upheld revocation of a
federal firearms license (FFL) to Tacoma's Bull's Eye Shooter Supply,
they need to get their story straight…or at least tell all of it.
Right now, reporters are telling half of a story, which is almost as
bad as reporting no story at all. True, in a ruling handed down last
Friday by U.S. District Judge Ricardo S. Martinez, the government was
found to have properly revoked the FFL of former Bull's Eye owner
Brian Borgelt. Unfortunately for Kris Kindschuh, the current owner and
operator of the gun shop, now known officially as Bull's Eye Shooter
Supply LLC, the Associated Press, Tacoma News Tribune, Seattle Times
and on-line Seattle Post-Intelligencer are not telling the rest of the
story, as the late Paul Harvey put it. And what is the rest of this
story? Bull's Eye Shooter Supply, located where it has always been, on
Tacoma's Puyallup Avenue, is still in business, and business is
thriving. Kindschuh reported Monday afternoon that his FFL – the one
he already had when he purchased the business in 2003 from embattled
former proprietor Brian Borgelt – had just been renewed for three more
years. This FFL is good through Aug. 1, 2012, and Kindschuh made it
clear his doors will stay open. The story so alarmed Kindschuh that he
faxed a copy of the just-renewed FFL to my attention for a report in
an upcoming issue of Gun Week…

http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m9d28-Tacomas-Bulls-Eye-Shooters-Supply-is-still-open-owner-blasts-partial-coverage
---

Oops, Wrong Coin Collection: A man stealing a coin collection in a
Hilton Head Plantation home at noon Wednesday found himself running
for his life after the homeowner shot at him and chased him out of the
house. The unidentified man, who was armed with a large stick or club,
broke into a house on Teal Lane while the residents were inside,
according to a news release from the Beaufort County [SC] Sheriff's
Office. The intruder entered through the unlocked front door and
walked down the hall into a bedroom, where he started stealing a coin
collection, according to the release. The owner confronted the robber,
who threatened the owner and kept taking the coins, according to the
release. The owner ran to another room, grabbed a handgun and chased
the robber. The owner fired a shot and missed, and the robber drove
off in an SUV. Sheriff's Office spokeswoman Cpl. Robin McIntosh said
she did not know if the shot was fired while they were inside or
outside the home. The homeowner fell while chasing the robber and
suffered minor injuries. His wife, who also was home, was not injured,
according to the release… (It sounds as thought the homeowner followed
Rule Three and kept his finger out of the trigger guard.)

http://www.islandpacket.com/news/local/story/977062.html
---

Oops, Wrong Photo: A Roxbury man was sentenced to prison yesterday
after he admitted he posed his 17-month-old daughter with a firearm in
photos taken earlier this year, said Jake Wark, spokesman for the
Suffolk district attorney. Michael Majors, 20, pleaded guilty to
reckless endangerment of a child and unlawful possession of a Cobray
MAC-11 9mm firearm. Wark said Majors posed his daughter with the
weapon and an extended magazine in the photos, which were taken in
January. Majors also pleaded guilty to additional gun charges,
including unlawful possession of a large-capacity weapon; a large
capacity magazine, or gun chamber; a .38-caliber Colt Government
handgun; and various loose rounds of ammunition, Wark said. A Superior
Court judge sentenced him to three to five years in prison with three
years' probation. "It's not just chilling but incomprehensible that a
person would do such a thing with a child,'' District Attorney Daniel
F. Conley said in a prepared statement. Boston police found the photos
and weapons at the home of Majors's mother Jan. 15 after his child's
mother, Kismauri Pena, 21, called police to the home. Pena told police
Majors was armed and had stolen $100 from her and hit her…

http://www.boston.com/news/local/massachusetts/articles/2009/09/29/roxbury_man_who_posed_his_daughter_with_gun_is_sentenced/
---

Widow Learns Value of Inheritance: It sat on a shelf in the closet for
years, a rosewood case containing two Civil War-era revolvers with
ivory handles. The guns had been a gift from a friend to Sharlene
Perez's late husband, but they held no sentimental value for her. So
in June, she decided it was time to sell them. She slipped the case
into a sturdy Lord & Taylor shopping bag and took a taxi six blocks to
meet appraiser Greg Martin in midtown Manhattan, N.Y. She knew that
there were engravings on the barrels, that the grips were monogrammed
and that an inscription on the lid of the case indicated that
townspeople in Watertown, N.Y., had given the guns to William C.
Browne, a local man heading off to serve as a colonel in the Civil
War. In her most optimistic moments, Perez hoped the guns might net
$20,000. Instead, she "about keeled over," Martin said, when he told
her the guns were Colt 1851 Navy revolvers and might be worth 10 times
as much. He told her there would be an auction in Anaheim in
September. He told her he would set the appraisal value at $125,000 to
$250,000… But the combination of a matched set engraved by Gustave
Young - a master of that time period - the ivory grips and the
personalized nature of the Civil War connection raised their potential
value, Martin said…

http://www.latimes.com/news/local/la-me-gun-auction29-2009sep29,0,2142069.story

good guys with guns 09-28-09

by permission from: Stephen P. Wenger with comments in () by him as well.
http://www.spw-duf.info

Oops, Wrong House: A teenage burglary suspect remains hospitalized
after he was shot Friday morning while breaking into a home in
southeast Houston, authorities said. The owner of the home in the 8100
block of Gladstone was alone about 10:15 a.m. when he heard noises
coming from the side of the house. After hearing the sound of breaking
glass, the homeowner, 42, grabbed his pistol and went to investigate.
He pulled back a bedroom curtain and was confronted by the suspect,
who was removing shards of the broken glass from the window, police
said. The homeowner was startled and fired a single shot. The suspect
was struck but fled along with two other people. All three were taken
into custody a short time later, police said. The teenager was taken
to Ben Taub General Hospital in critical condition. The shooting will
be referred to a Harris County grand jury, police said. (I hope that
the shot was fired by intent and not as a startle reaction, which
would imply that the homeowner had pled his finger inside the trigger
guard prematurely.)

http://www.chron.com/disp/story.mpl/metropolitan/6626028.html
---

Oops, Wrong Pigeon: The victim of a robbery attempt shot and killed
one of the robbers in New Eagle [PA] early yesterday, state police
said. Police said William Eyles, 25, of Monongahela, and Cole
MacFarlane, 25, of New Eagle, tried to rob Joseph Gallick, who pulled
a gun and shot Mr. Eyles. Mr. Gallick was treated at Monongahela
Hospital for injuries incurred during the crime. Mr. MacFarlane was
charged with homicide, attempted robbery, conspiracy and criminal
mischief and is in the Washington County Correctional Facility.

http://www.post-gazette.com/pg/09269/1000926-58.stm?cmpid=localstate.xml
---

Oops, Wrong Car: A Billings [MT] man driving home from work around 5
p.m. Monday spotted his car that had been stolen from him that
morning. He chased the car until it stopped on the 2600 block of
Fourth Avenue South and managed to hold one of the passengers at
gunpoint until police arrived. "He was actually going home from work
at the time of the call," Billings Police Sgt. Scott Conrad said. "It
was a red Suburban. He chases it down and there's four occupants in
the vehicle. Three run. He catches one of the passengers, with one
hand at gunpoint and one hand on the phone calling police dispatch."
Billings police arrived minutes later and ordered the man to the
ground. They took the teen into custody and released the man once they
realized what had happened. Conrad said the boy helped police identify
those who had allegedly stolen the car, and the boy was later
released. "He actually helped in the case," Conrad said. "We do know
who we're looking for." (Conspicuously absent from this report is the
usual "don't try this at home" warning from the local police.
Nonetheless, it might have been more prudent to have called 911 and
simply followed the vehicle until police arrived as there was no
imminent threat to life or limb.)

http://billingsgazette.com/news/local/article_ee08a900-a73c-11de-b16f-001cc4c03286.html
---

Oops, Wrong Church: A pistol packing pastor shot and critically
wounded a would-be thief Sunday after the suspect broke into his
church. According to Detroit News reporting partner WXYZ-TV (Channel
7), the incident occurred when the suspect rode his bicycle to the
Westside Bible Church at Seven Mile and Winston. The pastor, a retired
police lieutenant, was called to his church after being alerted by the
burglar alarm company. According to witnesses, the pastor confronted
the suspect and was forced to shoot him after he tried to hit the
minister. The suspect was held until police arrived on the scene.

http://www.detnews.com/article/20090928/METRO01/909280370/1361/Pastor-shoots-would-be-robber-at-church
---

Oops, Wrong Teenager: A father who attacked his 37-year-old best
friend and roommate with the butt of a shotgun after finding him
having sex with his 16-year-old daughter will not be charged in the
attack. Officials with the [FL] State Attorney's Office declined to
file charges against the Wildwood father in the attack that sent the
37-year-old man and roommate to Leesburg Regional Medical Center with
head injuries. Bill Gladson, a supervisor with the State Attorney's
Office, said the father had the right to use reasonable force to
prevent his daughter from becoming the victim of a sex crime. The
37-year-old also had signed a waiver at the hospital, stating he
didn't want the father charged, according to Wildwood police… The
37-year-old was arrested on seven counts of unlawful activity and sex
with a minor after leaving the hospital on Aug. 24…

http://www.dailycommercial.com/localnews/story/092309shotgun
---

09-28-09

by permission fromfFrom: Stephen P. Wenger and comments in () from him as well.
http://www.spw-duf.info

Once Again, Folks: Home computers and the Internet have become a
potent pair of eyes and ears for inquiring minds. The information
available is mind-boggling. And the downside is trying to establish
where the information came from - and why. There's a lot of garbage
floating around out there. If you're a hunter and you have a computer,
it's doubtful you've missed the current e-mail warning us that "Now
'all guns' must be listed on your next [2010] tax return!" … The truth
is that this piece of legislation, Senate Bill 2099, was actually
introduced in 2000 - not 2009. It is not currently before Congress.
And, according to anyone who knows anything, it's not rising from the
legislative grave. Even the National Rifle Association released the
following statement regarding this bill - in 2000 [sic]… There
continue to be real threats to Second Amendment rights. But sportsmen
and sportswomen would be better served by paying attention to
legislative updates provided by the NRA, rather than spooky, kooky
e-mails passed around in cyberspace. (I do a competent job of advising
you of the real issues. Please stop "double-checking" each new
iteration of this mailing with me.)

http://jacksonville.com/sports/outdoors/2009-09-27/story/shooting_holes_in_gun_registration_e_mail#
---

The Beat Winds Down?: David Foster of Bedford has had a hard time all
year finding ammunition for his guns. After finding mostly empty
shelves at gun stores, he finally went to a gun show a few months ago
to stock up. "I couldn't find it anywhere except the gun show, and
even there I had a hard time," said Foster, 31. "And it cost a lot."
But workers in the weapons industry point to signs that a nearly
yearlong nationwide ammunition shortage may be winding down. More ammo
is making it to store shelves now, and the price is slowly coming
down. "We're seeing the light at the end of the tunnel," said DeWayne
Irwin, owner of Cheaper Than Dirt, a Fort Worth store and online
retailer. "I've been doing this business since 1988, and I've never
seen something like this happen with ammunition. But it's not going to
be like this forever." Demand for guns and ammo began growing last
year before the November presidential election. It continued partly
because many gun owners were concerned that President Barack Obama and
Democrats in Congress would reinstate an assault weapons ban or
drastically hike taxes on ammunition, guns and firearms materials,
analysts have said… (Cheaper Than Dirt used to be a good online source
for ammunition, particularly for those who purchase case quantities.
Their reputation has suffered in the past year, with the perception
that their ammunition prices rose out of proportion to those of other
vendors.)

http://www.star-telegram.com/189/story/1639775.html?storylink=omni_popular

While the dismal economic picture in America hasn't caused "bank runs"
wherein customers demand to withdraw their savings from banks across
the country - a frequent occurrence during the Great Depression - gun
owners are causing a run of their own: a national "gun shop run" for
ammunition. Ammunition manufacturers report their factories are
producing ammunition at record rates and keeping their facilities
operating 24/7.  Yet they still cannot keep up with the demand for
bullets for everything from handguns to hunting rifles. Gun store
owners and manufacturers claim this is the first time they have ever
seen such a drastic shortage in ammunition. According to gun rights
activists and enthusiasts, ammunition is a scarce commodity and has
been getting scarcer this year. I have never seen such a situation in
all my years as a gun owner, hunter and cop," said Edna Aquino, a New
York police officer and shooting instructor. "I'm hearing from fellow
shooters that they are stockpiling ammunition these days because they
are afraid of what they're seeing in this country," she said. Aquino
and others believe that after passing their health care plan,
President Barack Obama and the Democratic-controlled Congress will
pass more antigun legislation. These gun owners do not believe the
rhetoric of the politicians on the left who claim they support gun
ownership, but propose all types of new laws and regulations… (While
I'd like to see the shortage end, I continue to remind people that the
supply of ammunition [and reloading components] is much more limited
than the supply of firearms and wise people will take steps to ensure
that they are not caught short.)

http://www.examiner.com/examiner/x-2684-Law-Enforcement-Examiner~y2009m9d27-Ammo-shortage-linked-to-fear-of-Obama-and-Democrats-say-gun-owners

With the Augusta County [VA] Fair long gone, the weekend saw
Fishersville's Augusta Expoland turned into a world of wonder for
grown-ups who like guns. Dozens of rows of shiny pistols and rifles,
antique helmets and inert grenades were mixed with booths offering
collectable coins, blown-glass jewelry and information regarding gun
owners' rights. "It's like a candy shop. It's a big kid's show," said
Dan Mason of Winchester, who spent the weekend selling rifles and
ammunition with his son, Brian, and grandson, Bradon, 8. The only
thing missing on Sunday were the big crowds walking out with armloads
of ammunition, as described in earlier national news reports. C&E Gun
Shows hosted the gun show on Saturday and Sunday, about a month after
Expoland's last gun show. Despite national reports of ammunition
selling out and decent sales at the show the month before, sales were
down this weekend. "A couple months ago, it was fairly packed; you
could hardly get through," Mason said, explaining that this weekend,
gun enthusiasts browsed, but fewer showed up and made big purchases.
"Either they don't have the money, or they have all they wanted." …
(For those who still have funds available, the next few months may be
good times to invest them in "tangible assets" as demand drops and
prices fall.)

http://www.newsleader.com/article/20090928/NEWS01/90927002/1002/news01/Gun+show+s+ammunition+sales+slow+after+earlier+spike

Meanwhile, in Venezuela…: Legislators at the National Assembly are set
to take what appears to be a rather unorthodox approach to law and
order in a society notoriously renowned for gunslinging and one of the
highest per capita murder rates on the planet. The defense committee
at the legislature has been looking at a proposed reform of the
70-year-old Arms and Explosive Law, which apparently has yet to be
brought into line with the Bolivarian Constitution adopted by
referendum at President Hugo Chávez's behest in late 1999. The head of
the committee, Deputy Juan Mendoza, said work was "90 percent"
complete. Among the proposals is one particularly eye-catching item.
This envisages what Mendoza called a "specific prohibition under which
any person cannot buy more than 50 bullets a year." Mendoza, a
middle-ranking member of Chávez's governing United Socialist Party of
Venezuela (PSUV), said the proposal represented "a form of reducing
the parameters when it comes to the use of firearms and ammunition." …
(Historically, firearm permits were routinely granted to law-abiding
Venezuelans. Needless to say, Venezuelan criminals have always found
ways to obtain firearms and ammunition without the requisite permits.
A large proportion of those licensed before Chávez came to power are
probably viewed as enemies of his regime.)

http://www.laht.com/article.asp?ArticleId=344534&CategoryId=10717
---

More on the Badger Guns Debacle: The convicted felon and his
girlfriend pulled up to Badger Guns in West Milwaukee one evening last
week and went shopping for a gun. After they left, the couple were
stopped just inside the Milwaukee city limits, where police officers
were secretly watching the store for indications of "straw buying" -
someone illegally buying a gun for a felon. The stop was part of a
monthslong undercover mission by Milwaukee police to turn up the heat
on Badger Guns, which sells a large percentage of firearms that are
seized by police, according to new gun-trace data. The 27-year-old
man, on parole for robbery, initially denied he had even been in
Badger. He told officers they were at Wendy's, getting burgers. Then
he said the two were actually on their way to the hospital and just
turned around in Badger's lot. The felon finally fessed up but
insisted he was only in Badger to help his 22-year-old girlfriend shop
for a gun. Officer Joseph Honzelka quizzed the woman. He found her
answers suspicious - she didn't know a handgun from a shotgun… (Very
few states require a background check to use a shooting range, even
with a firearm that may be rented there.)

http://www.jsonline.com/news/milwaukee/61985627.html
---

Bloomberg Dupe Strikes Back: Here's a simple idea: You can be for the
rights of law-abiding gun owners but also for common-sense policies to
keep guns out of the hands of criminals. That idea has brought
together a bipartisan group of more than 400 mayors from all over the
country as the Mayors Against Illegal Guns coalition. I'm a veteran, a
gun owner, a hunter and a member of the National Rifle Association -
and I'm the mayor of Hurst [TX] and a member of Mayors Against Illegal
Guns. Unfortunately, the NRA has spent the past month attempting to
bully mayors, including me, to drop out of this effort to have a
consensus discussion about guns. They have sent hundreds of thousands
of misleading postcards stating this coalition is "anti-gun" and is
seeking to "regulate gun shows out of existence," along with several
other untruths and misleading statements…

http://www.star-telegram.com/242/story/1639282.html#
---

This Student Gets It: Gov. Jan Brewer recently signed five pieces of
legislation that foster gun-safety education in Arizona's schools and
reinforce the rights of gun owners in the state into law. The
legislation was sponsored by Sens. Jack Harper and Russell Pearce, and
mandates that Arizona's Right-to-Carry permit holders are allowed to
defend themselves in public restaurants, store their firearm in a
locked vehicle while parked in a publicly accessible parking lot, and
reveal their firearm to an individual threatening them or a loved one.
Furthermore, the new law states that an individual who shoots someone
in self-defense is innocent until proven guilty. Contrastingly, as
Arizona takes steps to maintain and strengthen the Second Amendment
rights of its citizens, New York City's billionaire mayor, Michael
Bloomberg, is busy promoting and financing his gun-ban lobby… Using
his money to manipulate and feed his anti-gun operation, Bloomberg has
set the stage for a modern reenactment of our historic battle against
tyranny - billionaire style. But this time, the battle will wage
between the people and a political authority corrupted with
self-service and backed by millions. According to NBC, Bloomberg has
personally invested $2.9 million into the anti-gun agenda,
supplemented by real estate tycoon Eli Broad's donation of $750,000
and the $1.1 million contributed by the Joyce Foundation, which funds
the Violence Policy Center… (Let us not forget that Big Brother served
for from 1994 to 2002 as a director of the Joyce Foundation.)

http://www.statepress.com/node/7850
---

Citizens Challenge Virginia Tech Panel: There was a fitting response
to the stacked panel at Virginia Tech that we talked about on
Wednesday. People who actually knew what they were talking about
showed up: "The group Students for Concealed Carry on Campus showed up
as well as members of the Virginia Citizens Defense League. This was
supposed to be a discussion on violence prevention but it quickly
turned into a gun debate." Good. That sure beats the one-sided
propaganda event the gungrabbers had planned. And great. Citizens who
are mindful of their unalienable right to keep and bear arms are
watchful and at the ready, at least in Virginia, to ensure the truth
will be heard. They deserve our thanks, and more importantly, our
commitment to emulate their example whenever the need arises in our
communities.

http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m9d26-Citizens-bring-truth-to-Virgina-Tech-gun-panel
---

Typo on 4473 Not a Crime: Gun rights advocates object to gun
registration as offensive to the Second Amendment and a slippery slope
toward gun confiscation, as happened in New York City and California
in the late 20th century.  But a Utah appeals court ruling on
September 24, 2009 (quashing a hyper-zealous criminal prosecution of
Kidus Yohannes, a legally present immigrant alien who made a mistake
on a gun purchase form when buying two long guns) highlights the
danger of decentralized gun registration through gun dealer transfer
records. The Utah man's crime?  The alien registration number that Mr.
Yohannes "provided on the form was an application number given to
Yohannes by immigration officials when he applied to change his status
from asylum to lawful permanent resident" and not his previously
assigned actual alien registration number…

http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d27-Utah-appeals-court-rules-typo-on-gun-purchase-form-not-a-crime
---

Free Plaxico Burress!: … No, Plaxico Burress managed to violate a
"law" that really should not be a law, period. This is a statute that
declares that people in NYC are not permitted to engage in
self-defense without permission, while city employees wearing blue
uniforms and badges are entitled to empty the clips of their handguns
into unarmed people and not go to jail. New Yorkers were not always so
squeamish about firearms. John Lott writes that a few decades ago high
school students who were on rifle teams would carry their rifles on
the subway and into their schools, where the guns were put into safe
keeping until the students went to practice at a shooting range.
Unfortunately, New York has political leadership that no longer
realizes that just because a person is carrying a private firearm does
not mean the person is going to shoot other people. Bloomberg is fond
of saying, "I don't know why people carry guns. Guns kill people." No
doubt, Hizzoner demands that the police that tend to his entourage be
disarmed. Oh, I forgot; only privately-owned guns "kill people." Cops
never shoot anyone, and they certainly never kill people and certainly
not unarmed people…

http://www.lewrockwell.com/anderson/anderson265.html
---

South Carolina Candidate Pushes RKBA: A candidate to be South
Carolina's next National Guard leader skipped the fiery speeches for
firepower, launching his campaign with what he called a "machine-gun
social." The Greenville News reports some 500 people came out to a
shooting range Saturday for Republican Dean Allen's political rally.
He wants to be the next adjutant general, the person who leads the
state's National Guard. Attendees paid $25 for barbecue, a clip of
bullets for target practice and the chance to win a semiautomatic
AK-47. Whoever wins the rifle will have to undergo a background check.
Allen says he is an Army veteran who wanted to celebrate Second
Amendment rights. South Carolina is the only state that elects its
adjutant general.

http://www.msnbc.msn.com/id/33047176/ns/politics-more_politics/
---

Oops, Wrong House: A teenage burglary suspect remains hospitalized
after he was shot Friday morning while breaking into a home in
southeast Houston, authorities said. The owner of the home in the 8100
block of Gladstone was alone about 10:15 a.m. when he heard noises
coming from the side of the house. After hearing the sound of breaking
glass, the homeowner, 42, grabbed his pistol and went to investigate.
He pulled back a bedroom curtain and was confronted by the suspect,
who was removing shards of the broken glass from the window, police
said. The homeowner was startled and fired a single shot. The suspect
was struck but fled along with two other people. All three were taken
into custody a short time later, police said. The teenager was taken
to Ben Taub General Hospital in critical condition. The shooting will
be referred to a Harris County grand jury, police said. (I hope that
the shot was fired by intent and not as a startle reaction, which
would imply that the homeowner had pled his finger inside the trigger
guard prematurely.)

http://www.chron.com/disp/story.mpl/metropolitan/6626028.html
---

Oops, Wrong Pigeon: The victim of a robbery attempt shot and killed
one of the robbers in New Eagle [PA] early yesterday, state police
said. Police said William Eyles, 25, of Monongahela, and Cole
MacFarlane, 25, of New Eagle, tried to rob Joseph Gallick, who pulled
a gun and shot Mr. Eyles. Mr. Gallick was treated at Monongahela
Hospital for injuries incurred during the crime. Mr. MacFarlane was
charged with homicide, attempted robbery, conspiracy and criminal
mischief and is in the Washington County Correctional Facility.

http://www.post-gazette.com/pg/09269/1000926-58.stm?cmpid=localstate.xml
---

Oops, Wrong Car: A Billings [MT] man driving home from work around 5
p.m. Monday spotted his car that had been stolen from him that
morning. He chased the car until it stopped on the 2600 block of
Fourth Avenue South and managed to hold one of the passengers at
gunpoint until police arrived. "He was actually going home from work
at the time of the call," Billings Police Sgt. Scott Conrad said. "It
was a red Suburban. He chases it down and there's four occupants in
the vehicle. Three run. He catches one of the passengers, with one
hand at gunpoint and one hand on the phone calling police dispatch."
Billings police arrived minutes later and ordered the man to the
ground. They took the teen into custody and released the man once they
realized what had happened. Conrad said the boy helped police identify
those who had allegedly stolen the car, and the boy was later
released. "He actually helped in the case," Conrad said. "We do know
who we're looking for." (Conspicuously absent from this report is the
usual "don't try this at home" warning from the local police.
Nonetheless, it might have been more prudent to have called 911 and
simply followed the vehicle until police arrived as there was no
imminent threat to life or limb.)

http://billingsgazette.com/news/local/article_ee08a900-a73c-11de-b16f-001cc4c03286.html
---

Oops, Wrong Church: A pistol packing pastor shot and critically
wounded a would-be thief Sunday after the suspect broke into his
church. According to Detroit News reporting partner WXYZ-TV (Channel
7), the incident occurred when the suspect rode his bicycle to the
Westside Bible Church at Seven Mile and Winston. The pastor, a retired
police lieutenant, was called to his church after being alerted by the
burglar alarm company. According to witnesses, the pastor confronted
the suspect and was forced to shoot him after he tried to hit the
minister. The suspect was held until police arrived on the scene.

http://www.detnews.com/article/20090928/METRO01/909280370/1361/Pastor-shoots-would-be-robber-at-church
---

Oops, Wrong Teenager: A father who attacked his 37-year-old best
friend and roommate with the butt of a shotgun after finding him
having sex with his 16-year-old daughter will not be charged in the
attack. Officials with the [FL] State Attorney's Office declined to
file charges against the Wildwood father in the attack that sent the
37-year-old man and roommate to Leesburg Regional Medical Center with
head injuries. Bill Gladson, a supervisor with the State Attorney's
Office, said the father had the right to use reasonable force to
prevent his daughter from becoming the victim of a sex crime. The
37-year-old also had signed a waiver at the hospital, stating he
didn't want the father charged, according to Wildwood police… The
37-year-old was arrested on seven counts of unlawful activity and sex
with a minor after leaving the hospital on Aug. 24…

http://www.dailycommercial.com/localnews/story/092309shotgun
---

Readers Respond to Additional California Tax Proposal: Lots of people
had loads of things to say about Thursday's gun column, the one where
I stated that a new state law tightening down on ammunition sales
probably won't do anything to stop the flow of ammunition through the
guns of thugs and lunatics… Michael Dodson of Midland, Texas,
e-mailed, "What a remarkable idea. Carry it another step. How about an
additional 20 percent tax on automobiles for burying victims and an
additional 25 percent tax for medical care due to maiming? Let's see,
that $16,000 Hyundai would then cost $23,200. I don't even want to
think about what my next $35,000 pickup truck would cost. I might as
well just sell the farm to Cargill and move on." …

http://www.dailybreeze.com/columnists/ci_13435496?source=rss

My response did not make it into print. Here's what I wrote:

You asked for comments on your September 23 commentary, "All the gun,
ammunition laws in the world won't change who we are."

I'm sure that you are well aware of Justice John Marshall's
pronouncement that the power to tax is the power to destroy and I'm
sure that is in this vein that you resurrected your 1994 tax proposal.

I am a former Californian who received the top education available in
my profession, at an extremely low cost to me, from the University of
California at San Francisco. The taxpayers of California did not
derive the full benefit of that education because I was driven from
the state, in 1999, by a crescendo of increasingly severe
infringements of my right to keep and bear arms, particularly for my
own defense in crime-ridden Los Angeles County, where it is virtually
impossible to obtain a permit to carry a firearm lawfully.

Tax away, my friend, and finish killing off your state. You are not
only driving away some of your most productive residents, you will
continue to drive off some of your most crucial employers. Don't like
particulate matter from truck tires and diesel fumes? Tax them. Don't
like guns? Tax them. Don't like your tax dollars being consumed by
illegal aliens? Tax them. Oops, that's not only politically incorrect,
it's impractical. I guess it's easier just increasing the taxes on
gainfully employed legal residents to make up the difference. After
all, that's the same logic in taxing lawful gun owners to pay for the
misdeeds of criminals.

Keep taxing your best citizens, both in California and the nation, and
you will not only destroy your intended targets, you will destroy what
made both the state and the nation the most desirable places to live
in the world.

State and local governments are raising taxes and inventing new ones
as they scramble to balance their budgets even as the nation's economy
begins to emerge from the deepest recession in seven decades. State
budgets typically take a year or two to reflect improvements in the
national economy, the National Association of State Budget Officers
and the National Governors Association explained in its latest fiscal
survey of states. The report warned that "state fiscal conditions will
remain weak in fiscal 2010 and likely into fiscal years 2011 and
2012." So, brace yourselves for a deluge of nuisance taxes, sin taxes
and "fees," limited only by the imagination of revenue-starved
governors, mayors and legislators… (Of note, there is no mention of
targeting firearms and ammunition for special taxation, despite a
history of "progressive" proposals to do so. Could politicians be
learning some lessons?)

http://www.washingtontimes.com/news/2009/sep/28/hard-pressed-politicians-produce-irritating-taxes/
---

Tangentially Related: … Technology moves so quickly we can barely keep
up, and our legal system moves so slowly it can't keep up with itself.
By design, the law is built up over time by court decisions, statutes
and regulations. Sometimes even criminal laws are left vague, to be
defined case by case. Technology exacerbates the problem of laws so
open and vague that they are hard to abide by, to the point that we
have all become potential criminals. Boston civil-liberties lawyer
Harvey Silverglate calls his new book "Three Felonies a Day,"
referring to the number of crimes he estimates the average American
now unwittingly commits because of vague laws. New technology adds its
own complexity, making innocent activity potentially criminal.

http://online.wsj.com/article/SB10001424052748704471504574438900830760842.html?mod=djemEditorialPage

"Did you really think we want those laws to be observed?" said Dr.
Ferris. "We want them broken...There's no way to rule innocent men.
The only power any government has is the power to crack down on
criminals. Well, when there aren't enough criminals, one makes them.
One declares so many things to be a crime that it becomes impossible
for men to live without breaking laws. Who wants a nation of law
abiding citizens? What's there in that for anyone? But just pass the
kind of laws that can neither be observed nor enforced nor objectively
interpreted - and you create a nation of law breakers - and then you
cash in on guilt..."

- Ayn Rand (1905-1982), spoken by Dr. Floyd Ferris in Atlas Shrugged, 1957

09-27-09

by permission From: Stephen P. Wenger
comments in () by Stephen P. Wenger
http://www.spw-duf.info

Virginia Gubernatorial Race: …Given their other differences, Deeds and
McDonnell hold remarkably similar records on guns. Deeds often sided
with Republicans, including McDonnell, and rural Democrats in opposing
gun control bills. They voted repeatedly to stop localities from
enforcing more restrictive gun laws than the state, including proposed
bans at community centers and parks. Both voted to limit government
lawsuits against gun manufacturers and against firearm bans on school
campuses. The two split over a bill that limited handgun purchases to
one a month. Deeds voted no; McDonnell, yes. But both men have changed
their views. After the 2007 Virginia Tech shootings, Deeds began to
support closing the loophole that allows some private vendors at gun
shows to make sales without background checks. McDonnell now supports
repealing the one-gun-a-month law because of improvements he says have
been made in instant background checks. Deeds's gun-friendly record
earned him the National Rifle Association's endorsement in 2005 but
cost him the support of former governor L. Douglas Wilder. This year,
the NRA switched to McDonnell, citing his record as attorney general
and Deeds's "flip-flop" on the gun show loophole.

http://www.washingtonpost.com/wp-dyn/content/article/2009/09/26/AR2009092602516.html
---

Interesting Urination Contest: The owner of Badger Guns just posted a
sign that accuses Milwaukee Police officers of pulling over African
Americans when they leave the store. The sign makes an ugly claim. It
reads, "Racist Milwaukee Police Department is pulling over African
Americans leaving this store. Sorry for the inconvenience." Badger
Guns owner Adam Allan insists MPD officers have been hiding nearby and
pulling over his black customers. Allan claims it started about three
months ago after two MPD officers were shot in Walker's Point. Both
officers suffered permanent injuries. The gun used in that June
shooting was bought at Badger Guns by someone with a clean record,
then sold to the suspected shooter. Despite the owner's claim, he
couldn't provide any proof that African Americans had been targeted,
nor could he put reporters in touch with them, saying, "His customers
had been through enough." A spokesperson for the MPD says they won't
comment until Monday. The owner says the sign is staying up until the
racism stops. (Alternatively, I suppose the owner might simply be
trying to dissuade "African Americans" from patronizing his store.)

http://www.todaystmj4.com/news/local/61564512.html
---

Texas County Plans New Range: A state-of-the-art, $2.5 million
shooting range is beginning to take shape in South Bexar County, a
project county commissioners hope will turn a profit by eventually
serving dozens of area law enforcement agencies. When the first phase
is completed late next year, the open-air training facility will host
live-fire sniper and SWAT training and will feature multiple
computer-operated targets and hostage-rescue simulations, sheriff's
Lt. Darrell Sanders said. Commissioners authorized the $2.5 million
expenditure - another $5 million will be needed for subsequent
portions - this month, and they are eager to determine whether the
range will attract paying customers. According to a report to
commissioners, potential users include law enforcement officers from
23 cities and towns in the region, 10 public school districts, three
universities and federal and state agencies in the area… But he
acknowledges that the facility won't be fully built-out for several
years. At that point, when all phases are complete, the county will
consider admitting non-law-enforcement gun enthusiasts… (San Antonio
is the seat of Bexar County. Camp Bullis, an Army facility on the
north side of San Antonio, has hosted a lot of law-enforcement
training over the years but has been taxed by increased military
demand as medical personnel from all the services take field training
there, including preparation for dealing with IED's.)

http://www.mysanantonio.com/news/local_news/County_firing_range_in_the_works20090927.html
---

New Arizona Laws Take Effect Wednesday: Expanded gun rights, new
restrictions on abortion and a ban on forcing animals to fight for
gambling purposes are among the new laws set to take effect this week…
Meanwhile, laws will take effect Wednesday allowing concealed weapons
into bars and requiring property owners to allow guns on their
properties if locked inside a car… (This mention is incomplete and
slightly misleading. List members are referred to yesterday's mailing,
which contained more detailed information from AzCDL. Of note, no
mention is made of the bill authorizing the defensive display of a
firearm, which reduces the risk of being prosecuted for aggravated
assault if the firearm is mentioned or displayed before one is fully
justified in firing it. The AzCDL alert, on the other hand, was
confusing as to when the new laws take effect.)

http://www.azcentral.com/arizonarepublic/local/articles/2009/09/27/20090927newlaws0927.html
---

Rule Five Reminder: Police say a woman and little girl were injured
Saturday when a gun accidentally fired at a Mesa [AZ] gun show. "I was
two rows away, we heard the gun go off and everybody just kind of
stopped," said Mike Todd, a gun show regular. "It could've been much
worse." It happened just before noon at the Mesa Convention Center,
near Center and Main streets. Police told ABC15 that a dealer brought
a loaded handgun into the convention center and placed it under a
table. Someone later pulled the trigger of the gun. The bullet
apparently hit the wooded [sic] butt of a rifle then went through a
side door made of metal. A woman was hit in the neck along with a
little girl. Both were taken to the hospital as a precaution… Police
were questioning the gun dealer involved and may charge him with
recklessness. "He won't be invited back to this gun show" said Bob
Templeton, who runs the gun show. "We just had a guy here who didn't
think he had to follow the rules." … (Rule Five: Maintain control of
your firearm. I think it's foolish for all firearms to be unloaded at
gun shows so long as those that are loaded for emergency use are not
handled absent an emergency. The problem here was that a loaded gun
was not properly controlled.)

http://www.abc15.com/content/news/southeastvalley/mesa/story/PD-Woman-child-injured-as-weapon-fires-at-Mesa/Adu5UVs1wUybPmIne4ifpw.cspx

…Witnesses reported that an accidental shooting occurred Saturday at
the Crossroads Gun Show at Mesa's Centennial Hall. The gun show on
Center Street saw hundreds of sellers and buyers milling around in the
noisy venue until the loud crack of a solitary gun shot. The show,
packed with an estimated 200 to 300 people, fell silent about 11:30
a.m., and then came the screams of a woman who was grazed in the neck
by a bullet witnesses said was accidentally discharged by a vendor…
Wright said witnesses reported that the vendor was crouched below his
table when the gun went off…

http://www.eastvalleytribune.com/story/145004

Video: This report suggests that the woman who was shot is the one who
picked up the loaded gun from under the dealer's table. (Rule Three:
Keep your finger out of the trigger guard, up on the frame, until your
sights are on the target and you're prepared to fire.)

http://www.kpho.com/video/21126862/index.html
---

Tangentially Related: The indictment of suspected terrorist Najibullah
Zazi, who is charged with acquiring and preparing bombs similar to the
ones deployed in the 2005 London subway attacks, rides substantially
on Zazi's Internet surfing habits… As you read the indictment and
order for permanent detention you can almost picture the various
connected databases and monitoring techniques at work. Simply put,
Internet surveillance and information technology sleuthing played a
big role in the Zazi case. FBI agents arrested Zazi in Colorado… (As
the article goes on to point out, "You are your internet search
history.")

http://www.cbsnews.com/stories/2009/09/25/tech/main5339112.shtml

Same Tune, Different Spouse: Bill Clinton says a vast, right-wing
conspiracy that once targeted him is now focusing on President Barack
Obama. The ex-president made the comment in a television interview
when he was asked about one of the signature moments of the Monica
Lewinsky affair over a decade ago. Back then, first lady Hillary
Rodham Clinton used the term "vast, right-wing conspiracy" to describe
how her husband's political enemies were out to destroy his
presidency…

http://www.washingtonpost.com/wp-dyn/content/article/2009/09/27/AR2009092701310.html?hpid=moreheadlines

Former President Bill Clinton told NBC's David Gregory on "Meet the
Press" that the so-called "vast right-wing conspiracy" still exists
and is "as virulent as it was," but has had its impact diminished by
the nation's changing demographics… (I guess that's why we've seen
record purchases of firearms and ammunition, along with all the nearly
spontaneous Tea Parties and a related massive march on Washington. Mr.
Clinton ignores the "Roe effect," which is the concept that since
left-leaning women have been more likely to abort than right-leaning
women, we are actually seeing a demographic shift to the right. Then
again, since the events to which I've alluded, along with much of the
other resistance to Big Brother, have been nearly spontaneous, it's
actually inaccurate to label them as part of a conspiracy.)

http://www.politico.com/news/stories/0909/27617.html
---

good guys with guns 09-25-09

http://www.spw-duf.info
by permission from Stephen P. Wenger

Oops, Wrong House: A Lexington [KY] man is behind bars after police
say he tried to break into the wrong home overnight. A man says he was
taking a shower early this morning at his home on West Fourth Street,
when he heard something just outside his house. He told police he went
around to check it out, and saw a man trying to break in through a
window. That's when the homeowner grabbed a gun and held the would-be
burglar at gunpoint, while he called 9-1-1. Police later caught up
with and arrested Donovan Campbell. He's now in jail, charged with
burglary. That homeowner runs a business out of his home, and he says
he was tired of being broken into, so he decided to put a stop to it.

http://www.wtvq.com/news/273-would-be-burglar-stopped-by-homeowner.html#

09-25-09

By permission from: Stephen P. Wenger
comments in () by Stephen P. Wenger
http://www.spw-duf.info

No Clear Sign from Ninth Circuit: A divided federal appeals court
wrestled Thursday with potentially the most important gun case in its
history, a dispute over a firearms ban at the Alameda County
Fairgrounds that has expanded into a constitutional battle over state
and local authority to regulate gun possession. Some judges on an
11-member panel of the Ninth U.S. Circuit Court of Appeals appeared to
agree with gun-rights advocates that the Second Amendment right to
keep and bear arms, recently interpreted by the U.S. Supreme Court to
protect an individual's right to own guns, is binding on states and
can be used to challenge the county ordinance. Others noted that the
high court has never overturned its own 19th century rulings that said
the Second Amendment applies only to the federal government. And one
judge suggested the court should uphold the ordinance as a valid
public safety measure without deciding the constitutional issue… But
Chief Judge Alex Kozinski suggested that the Supreme Court had
discarded its 19th century rulings when it started applying other Bill
of Rights protections to the states in 1929… (List members may wish to
read a quotation from Kozinski at http://www.spw-duf.info/quotes.html
– if you type Ctrl + F and enter "kozinski," your browser will take
you to the end of the quite, then you can scroll up to the beginning.)

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/24/BA0119S7I5.DTL&tsp=1

En banc arguments in a controversial gun rights case were animated
Thursday, but don't be surprised if the 9th U.S. Circuit Court of
Appeals sits on this one for awhile. A federal appellate court in
Chicago said in June that the Second Amendment should not restrict
state gun control laws until the Supreme Court rules that the right
binds the states. The high court is scheduled to make up its mind next
week about whether to grant cert. "That may well give us an answer,
and there would be no need for us to decide this case," 9th Circuit
Judge Stephen Reinhardt said. Judge Susan Graber also wondered aloud
at another point whether the circuit needed to rule on the
constitutional issues… The 9th Circuit appeared split on how far to go
with the Second Amendment. Liberal stalwart Judge Harry Pregerson
lambasted gun show attorney Donald Kilmer Jr., asking whether there
would be more guns in California if Kilmer's side prevailed…

http://www.law.com/jsp/article.jsp?id=1202434067803&hbxlogin=1

Update 9/24 9:31 p.m.: The Ninth Circuit has just handed down a
one-page order delaying consideration of this case until the U.S.
Supreme Court decides whether or not to hear the lawsuits arising out
of Chicago and New York state. The justices are scheduled to discuss
those cases on September 29, and are likely to announce their decision
soon after… But whether the Second Amendment applies to states remains
an open question. It may seem like an odd one: After all, the First
Amendment starts out by saying "Congress shall make no law," but the
Supreme Court has interpreted that language to prevent states (and
even state universities) from suppressing political speech. The Fourth
Amendment has been interpreted to restrict state police from
conducting "unreasonable searches," and while the right to an abortion
is not clearly found anywhere in the U.S. Constitution, the 1973 Roe
v. Wade decision struck down a Texas law on constitutional grounds. So
if much of the rest of the Bill of Rights applies to state governments
- a concept called "incorporation" - why not the Second Amendment as
well? …

http://www.cbsnews.com/blogs/2009/09/24/taking_liberties/entry5338307.shtml
---

The Beat Goes On: Patrick Jones has trouble keeping ammunition
supplies on the shelves these days. "Everything is hard to get,
especially certain calibers," said Jones, owner of Action Pawn in
Killen. Ammunition continues to be in high demand, some 10 months
after President Obama's election and eight months into his term. Jones
said .380- and .32-calibers are especially difficult to find. The
Obama administration has not proposed anti-gun legislation, but a fear
of such action remains among many gun enthusiasts. "That's what I'm
hearing people worry about, that the president will cut the supply
off," Jones said. "They're afraid it will be taxed more. A lot say
they are getting it for personal protection… I'm lucky to be able to
get some types," said Lee Smith, owner of the Gunrunner in Florence.
"Any revolver cartridges are hard to come by. It's never been like
this before." Smith recalls sales increasing during the mid-90s, on
the heels of the Brady Bill…

http://www.timesdaily.com/article/20090924/ARTICLES/909245029/1011/NEWS?Title=Regulation-fears-spur-gun-owners-to-increase-stock
---

The Desired Effect: Cabela's recently circulated a letter stating that
if Governor Schwarzenegger doesn't veto pending legislation in
California, Cabela's will no longer sell ammunition to California
customers. Cabela's has no retail outlets in California. California
Assembly Bill 962, which Schwarzenegger must veto by October 11,
states that ammunition can only be sold "in a face-to-face
transaction." Cabella's has been shipping to California customers via
remote transactions (internet, phone, etc.) A source at Cabela's
declined to say how much ammunition normally ships to California, but
said they have "many good customers" there. The only good news is that
this ammunition will be redirected to states which still recognize
that the Second Amendment is about functioning firearms: guns with
ammunition. So there may be some easing of the persistent shortage
elsewhere… AB 962 won't stop drug gangs–which have established,
successful smuggling conduits into the state - from simply adding
ammunition to their shopping lists. The United Kingdom, surrounded by
ocean, has seen an increase in "gun crime" since enacting a
nearly-total gun ban in 1997. It's hard to see how California can
secure its borders better than the UK… (AB 962 will not only terminate
ammunition purchases by Californiana from Cabela's but from all
mail-order sources.)

http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d24-Cabelas-No-more-ammunition-for-California

The California Association of Firearms Retailers (CAFR) and the
National Shooting Sports Foundation (NSSF) - the trade association for
the firearms and ammunition industry - are urging Gov. Schwarzenegger
to veto three anti-gun bills in the state. The governor will have
until October 11 to veto the bills: ammunition registration (AB 962),
regulations that duplicate existing requirements under federal law
governing the sale of firearms (SB 41), and prohibitions on the lawful
sale of firearms and ammunition at the Cow Palace exhibition center
(SB 585)… AB 962 would require that firearms dealers and other vendors
of ammunition keep a registry of all buyers of handgun ammunition. The
bill would also ban all mail order and Internet sales of handgun
ammunition and reloading components. SB 41 would further burden
firearms retailers by requiring additional paperwork and documentation
on the date of delivery of all firearms to a buyer… SB 585 would
prohibit the lawful sale of firearms and ammunition at the Cow Palace
exhibition facility near San Francisco, located in Agricultural
District 1-A, and would make a violation of that prohibition a crime.
Its purpose is to ban gun shows at the Cow Palace and to set a
precedent for the banning of all gun shows at other state-owned
facilities where many sportsmen buy firearms and ammunition. In
California all firearms bought and sold at gun shows must be
transferred through a federally licensed firearms retailer who is
required under federal and state law to run a background check on the
prospective buyer.

http://www.gunreports.com/news/news/CAFR-NSSF-California-Gun-Laws-AB-962-SB-41-SB-585_1541-1.html?ET=gunreports:e531:183810a:&st=email

Related Commentary:

http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m9d24-Will-Gov-Schwarzenegger-sign-ammo-control-bill
---

More Infringements, More Crime: The Brady Campaign to Prevent Gun
Violence publishes an annual scorecard, rating states on their gun
control laws (e.g., one handgun purchase per month, ballistic
fingerprinting, requiring a permit to purchase a gun, no concealed
carry law, workplace ban). A previous article noted that as Brady 2007
scores increased, so did violent crime. Depending on which side of
this issue you stand, the news has only gotten worse… Brady tends to
ignore Washington, D.C., which consistently has the highest violent
crime rate in the country. (It's included here because it has a larger
population than Wyoming, and enough autonomy to enact its own gun
control laws, like any state.) This is curious, because Brady always
promotes D.C. gun control laws. For example, Brady filed a brief
supporting continuation of the D.C. gun ban during the Heller case.
Brady's scorecard contains detailed criteria for determining a state's
score: Washington, D.C. would have scored around 95, higher than any
state, due to the fact that it has the strictest gun laws in the
country. For example, D.C. has mandatory reporting of stolen guns, and
requires ballistic fingerprinting when registering a gun. In 2008,
this closest representative of Brady's gun control Utopia had 3.2
times the violent crime rate and 5.9 times the murder rate than that
for the rest of the country…

http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m9d24-Brady-Campaign-2008-state-scorecard-Higher-score-more-crime
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Cleveland's Crime Rate Continues to Drop: The overall crime rate
continues its four year decline in Cleveland despite the City's
efforts to overturn state gun laws and once again take gun rights away
from residents. While criminal on criminal violence still continues to
be a problem (mostly gang and drug related), the average citizen has
become increasingly safer in the city over the last four years, which
roughly coincides with efforts at the state level to expand concealed
carry and gun rights in general. As citizens become increasingly able
to protect themselves and thwart the efforts of criminals, those
criminals have shifted their focus to property crimes such as burglary
and theft. Meanwhile, Cleveland continues in its lawsuit against the
state of Ohio (opposed by the National Rifle Association and Ohioans
For Concealed Carry) attempting to circumvent statewide preemption of
gun laws so that it may once again impose stringent restrictions upon
gun ownership…

http://www.examiner.com/x-2206-Cleveland-Gun-Rights-Examiner~y2009m9d24-Crime-rate-drops-while-Cleveland-tries-to-kill-golden-goose
---

Twisted Logic: New laws granting employees the right to keep guns in
their vehicles at work raises the risk of every company's worst
nightmare - an active shooter at work. Find out what you need to know
- and what you need to do - about these new laws in just 90 minutes as
our expert faculty examines Guns at Work: Planning for an Active
Shooter & Adapting to New Workplace Weapons Laws. In light of today's
heightened threat of a rampage shooter, this program will provide
critical information about the steps all companies must take to reduce
the threat, improve response, and provide effective emergency
notification. Now that more than 30 states have concealed carry laws
on their books, the burden is on employers to be proactive if they
wish to lawfully restrict guns on their premises. At the same time,
some state laws include privacy stipulations, making it illegal to
even ask employees - or customers or invitees to the company, who also
are covered - whether they have firearms in their cars… (If people who
wish to commit murders are not constrained by laws against murder, why
would they be constrained by laws and company policies regarding
bringing firearms to work?)

http://www.ioma.com/webinars/1299.html
---

What's the Point?: Last February I explained how, counter intuitively,
the DC City Council's 2008 action to repeal the DC Police Chief's
power to issue handgun carry permits made it possible for DC residents
to apply by mail for handgun carry permits from Pennsylvania Sheriffs.
Such applications can be made by filling out a simple form, no
fingerprints, social security numbers, or training required.  And
these permits are accepted by many states too. But while applying for
gun carry permits is now easy for DC residents, DC's onerous gun
registration laws makes it hard to acquire a gun.  If you don't
believe me, read Christian Davenport's recent article in the
Washington Post about his gun acquisition odyssey as a DC resident… So
for entrepreneurial and mobile DC residents, many of whom already
maintain a residence in another state, or easily could do so, buying a
gun without jumping through a bunch of hoops is really not that hard.
What remains difficult however, at least until Congress repeals DC's
onerous gun registration scheme, is legally bringing that gun to your
DC home (or the Big Apple, if that is where you hang your hat). (As I
recall, Dick Heller already owned at least one handgun, stored outside
DC, and his plea to the court was to let him register it so that he
could bring it into the District.)

http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d24-How-DC-residents-can-buy-guns-without-registration
---

Utah Could Tighten CFP Requirements: Gov. Gary Herbert said Thursday
that he is open to tightening up Utah's concealed weapons permits to
potentially give the state more oversight of those who receive a state
permit to pack a gun. "I think we need to protect the Second
Amendment, that's for sure, and Utah should stand tall in that
regard," Herbert said during his monthly KUED news conference. "That
said, I don't want to be a wholesale clearinghouse for anyone who
comes to Utah who we don't have the ability to track ... and then they
go outside our borders and conduct themselves inappropriately." So far
this year, the Bureau of Criminal Identification has received more
than 57,000 applications for concealed weapons permits, and is on pace
for a roughly five-fold increase from 2006. And, for the first time,
the state issued more permits to out-of-state residents than to Utahns
in the last budget year. Utah's concealed weapons permit is honored in
33 states, although Nevada recently stopped recognizing Utah's permit
because Utah does not require a live-fire test in order to receive a
permit…

http://www.sltrib.com/news/ci_13414251
---

Park-Carry Stance Affects Tennessee Gubernatorial Race: Bill Haslam's
rivals for Tennessee's Republican gubernatorial nomination are finding
ammunition in the Knoxville mayor's position on guns. Senate Speaker
Ron Ramsey of Blountville and U.S. Rep. Zach Wamp of Chattanooga, both
vocal supporters of gun rights, are targeting Haslam's support for a
Knoxville City Council vote earlier this week that keeps in place a
ban on handguns in city parks, playgrounds and sports fields. "Once
again Mayor Haslam comes down on the wrong side of our Second
Amendment rights guaranteed in the Constitution," Wamp said in a
statement. The state Legislature this year passed a law that allows
handgun carry permit holders to bring their weapons into city and
county parks. But the law gives local governments the power to opt
out. About 70 cities and counties have decided against allowing people
with permits to go armed in local parks…

http://www.knoxnews.com/news/2009/sep/24/092409webgunreax/
---

Oops, Wrong House: A Lexington [KY] man is behind bars after police
say he tried to break into the wrong home overnight. A man says he was
taking a shower early this morning at his home on West Fourth Street,
when he heard something just outside his house. He told police he went
around to check it out, and saw a man trying to break in through a
window. That's when the homeowner grabbed a gun and held the would-be
burglar at gunpoint, while he called 9-1-1. Police later caught up
with and arrested Donovan Campbell. He's now in jail, charged with
burglary. That homeowner runs a business out of his home, and he says
he was tired of being broken into, so he decided to put a stop to it.

http://www.wtvq.com/news/273-would-be-burglar-stopped-by-homeowner.html#

Meanwhile, in Tennessee…: A woman in Mount Juliet got a scare this
week when a man broke into her home while she was in the shower. The
intruder quickly ran out, but the woman grabbed her gun and shot at
his car. Police arrested Franklin Fish a short time later. The woman
identified him as the burglar. Detectives believe Fish is wanted for
several other home break-ins. (The use of deadly force in this
situation seems questionable.)

http://www.wsmv.com/news/21107209/detail.html
---

Rule Five Reminder: The accidental shooting death of a 2-year-old girl
in Vacaville [CA] serves as a reminder to parents of the importance of
gun safety. The National Rifle Association set out guidelines for
parents in order to educate their kids about guns. But Lincoln Rifle
Club President Leonard Zick said it's not just the children who need
that education. "If you don't have the working understanding of
firearms, just the fact that you have a firearm in your house is not a
smart thing," Zick said. Lincoln Rifle Club member Martin King said
he's owned guns practically his whole life. "My dad used to let me put
a gun on my bike and ride out to the country and shoot it," King said.
But firearm safety is paramount, he said. In addition to keeping his
guns locked in a safe, King also taught his children about gun safety
from a very early age. "Small children should be taught if there's a
gun in the house they should be taught, that it's not a toy," King
said. (Rule Five: Maintain control of your firearm. This does not mean
that all firearms must be locked in safes but, if a firearm is kept
loaded for defensive purposes, it is best kept on the person of a
responsible adult.)

http://www.news10.net/news/local/story.aspx?storyid=67561
---

Some Thoughts on Self-Defense: …The primary uses of firearms are
recreation and self-defense. Relatively few people have any issues
with firearms used for the recreational purposes of target shooting
and hunting. More people seem to have issues with firearms used for
self-defense. Every living thing on this planet is born with a natural
right to defend itself. Every bug, every cat or dog, and every human
being. Some people doubt this, at first. To those I ask, "Do you own
your body? Or do the police?" (...pause for reflection...) "If you own
your body, are you not responsible for its well-being and protection?"
Ultimately your self-defense is up to you, not your local police. You
are going to be the first person on the scene of a crime directed at
you or someone close by; not the police. In a case of violent crime
committed against you, the police are for cordoning off the crime
scene with yellow plastic tape, after the fact…

http://www.capitolhillblue.com/node/19859
---

Interesting Observation: The issue of the best SHTF gun has been
worked top to bottom, bottom to top and side to side and back again,
it is nothing new. Some will say a .22 rifle or shotgun, others will
suggest an AR-15 or some other center-fire magazine fed rifle and a
few will tell you a bolt action is the most logical choice. While they
aren't wrong – at least under certain circumstances, they fail to see
the big picture or fail to realize what really happens after a
collapse. It would seem many survivalists have been influenced by
Hollywood or writers of fiction and can't separate reality from
illusion. Leave make-believe to armchair commandos and teenage boys…
In a recent study it was found that 90% of police and civilian
self-defense shooting occurred at ranges of less than 15 feet. With
34% being from contact to 3 feet. I can't find one justifiable
civilian self-defense shooting taking place at 100 yards or beyond -
if you know of a documented case please let us know. Like any firearm,
handguns are encumbered by a number of limitations; namely low power
and limited range compared to a rifle or shotgun - but a handgun can
be there when you need it and that is most important... (I am reminded
of an article by the late Skeeter Skelton in which he argued that if
could only keep one firearm it would likely be a S&W K-22, a six-inch
.22-caliber revolver. While a .22 is not optimal for self-defense, in
a survival mode, one is much more likely to find small game, such as
rabbits and squirrels, than large game, such as deer and elk.)

http://www.thesurvivalistblog.net/2009/09/best-shtf-gun.html

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