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http://www.spw-duf.info
The Broader Implications of McDonald v. Chicago: …The right to weapons was one of the liberties frequently cited by the 14th Amendment's backers, since disarmed blacks were defenseless against attacks by Klansmen and local officials. As reflected in post–Civil War legislation that the amendment was intended to reinforce, its supporters also were concerned about economic liberty: the right to own and exchange property, make and enforce contracts, and work in the occupation of one's choice - all freedoms the Southern states tried to deny former slaves… Those privileges or immunities, the dissenters said, include "the right to pursue a lawful employment in a lawful manner, without other restraint than such as equally affects all persons." That view reflects the original understanding of the 14th Amendment, which holds great promise as a bulwark against arbitrary interference with economic freedom. The Supreme Court should seize this opportunity to revive it.
http://reason.com/archives/2009/10/07/from-guns-to-butter
Will Sotomayor Recuse Herself?: With the Supreme Court's acceptance of McDonald v. Chicago, we now begin the waiting game. Naturally, both pro-rights and anti-choice camps are speculating on how the High Court will rule, and of particular interest is how the newest judge, Sonia Sotomayor, will factor in on the decision. There's a meme wending its way around internet forums and the like that she'll recuse herself, since she already ruled at the circuit court level that the Second Amendment does not restrict the power of states to infringe on the right to keep and bear arms. Some seem to be under the impression that she ruled on McDonald, which she did not (she ruled on Maloney v. Rice), and because of that, the prospect of overruling herself will present a judicial ethics conflict… (The first list of recusals has been released and while Sotomayor recused herself from the cases that passed through the Second Circuit Court of Appeals during her tenure, she has not recused herself from McDonald v. Chicago. Fortunately, her vote is not likely to make the difference as she replaced David Souter, who voted against the RKBA in Heller.)
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m10d5-Will-Sotomayor-recuse-herself-from-Chicago-gun-case
More Analysis: … The Privileges or Immunities Clause appears to be a quite natural way of saying that the Bill of Rights, formerly only a limit on the federal government, is now a limit on the states as well. Under this straightforward reading, the "privileges or immunities of citizens of the United States" - that is, the rights set forth in the Bill of Rights - are protected against each "State." …The answer is the Due Process Clause of the Fourteenth Amendment. In a series of Twentieth Century cases, the Court held that most of the provisions of the Bill of Rights do limit the states after all. For example, in order to deprive a person of his life, due process means that a trial by jury must be given, as set forth in the Sixth Amendment. To deprive a person of her freedom from unreasonable searches and seizures, due process means that the probable cause and warrant requirements of the Fourth Amendment must be honored… To be sure, the McDonald case does not directly present any question about unenumerated rights. In Heller, Justice Scalia emphasized for the Court that the enumerated text of the Second Amendment was the driving force behind the decision to find an individual right to firearms possession. In McDonald, the Court could simply say that the protections of the Second Amendment are on par with most of the other protections of the Bill of Rights…
http://writ.news.findlaw.com/dorf/20091007.html
… It is widely anticipated by both sides that the high court will decide in favor of gun-rights proponents, according to an Associated Press report titled 'Ban handguns? Supreme Court taking a new look.' But there is a catch. Mark Tushnet, a Harvard Law Professor cited by the AP, believes the court will have to decide what limits are "reasonable," maybe even restriction by restriction. And that's not all. "It's very hard to know where this court would draw the line between reasonable and unreasonable," he added. Based on Justice Antonin Scalia's statements about the lack of an "absolute" right to guns, the president of the anti-gun Brady Campaign Paul Helmke, is hoping that the court will continue to allow broad restrictions. "The court made it very clear that the Second Amendment right is not unlimited and that there can be restrictions on who gets guns, where they take guns, what kind of guns they get, how they're carried, how they're stored, how they're sold," he said…
http://www.jbs.org/jbs-news-feed/5460-supreme-court-agrees-to-hear-new-gun-case
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The Beat Goes On: The shooting in Rockland County on Sunday of two alleged home burglars came almost on cue. It could almost be viewed as timely rationale behind Americans' recent rush to buy still more guns - apparently before the Obama administration bids to confiscate the 200 million privately owned firearms in the United States and convert them into new bridge supports or maybe railroad tracks. Variations of those unlikely scenarios keep gun-loving Americans up at night. They have not let the Great Recession stand in the way of a full firearms rack. There's anecdotal evidence that New York firearm sales are running 30 percent to 50 percent higher than last year. Jurisdictions elsewhere report even bigger increases. "The continued increase in demand for firearms and ammunition throughout the entire United States is clear and is largely being driven by the political concerns of gun owners," Ted Novin, spokesman for the National Shooting Sports Foundation, told our Albany bureau. Perhaps oblivious to the reports of all this gun-buying were the alleged home invaders from Haverstraw. They were shot by a rifle-wielding property owner during an alleged break-in and robbery attempt on Warren Avenue. Julio Urena, 17, shot in the buttocks, and Juan Martinez, 25, struck in the arm, wore blue hospital robes during their court appearance Monday. They entered not guilty pleas to burglary and robbery charges…
http://www.lohud.com/apps/pbcs.dll/article?AID=2009910070310
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Some Call It Unintended Consequences: Like most alarmists needlessly panicked about the direction of the Obama Administration, people who thought that their firearms would be taken away - and who flocked to gun stores to stock up - have lived a fiction. In reality, this has been a boom time for the Second Amendment. Congress has fallen all over itself to show that it is the vassal of the National Rifle Association, and the administration, saving its political ammunition for issues like health-care reform, hasn't had a pole long enough to touch gun control. In May, legislation on credit cards - credit cards! - was amended to allow people to bring loaded guns into national parks. Mr. Obama signed it. Now comes the Supreme Court to perhaps seal the deal for the United States of Arsenals. Last year, the court declared what its predecessors had never done before: that "the right of the people to keep and bear arms" is an individual right, and never mind the inconvenient antecedent in the Constitution of "a well regulated militia" that suggests a collective right…
http://toledoblade.com/apps/pbcs.dll/article?AID=/20091006/OPINION02/910060315/0/LOG
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"Public Health Scholar" Hits NRA: …In the 1990s, the National Rifle Association and other pro-gun organizations realized that their traditional constituency of hunters and recreational shooters was shrinking. New members were needed, and the gun lobby began to reach out to Americans who fear the federal government and seek to keep it weak in order to ensure individual liberty. This effort attracted mainstream actors (i.e., Republicans, Libertarians, anti-tax advocates), but also some dangerous, underground elements (i.e., militias, white supremacists, survivalists, etc.). The new formula worked well until Timothy McVeigh blew up the Murrah Building in Oklahoma City in 1995. At that point, Americans began to look at the NRA's caustic rhetoric with disapproval. The NRA needed an image upgrade, and it got one with the "Vote Freedom First" campaign. Preaching about basic American values like "freedom" and "patriotism" allowed the NRA to talk in code to a radical audience…
http://voices.washingtonpost.com/shortstack/2009/10/guns_and_democracy.html?hpid=news-col-blog
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NRA Hits Bloomberg in Virginia Campaign Ad: A new ad kicking off the National Rifle Association's half-million dollar campaign in Virginia stars a Sopranos-style mobster in the service of New York Mayor Michael Bloomberg, strongly suggesting that Virginia voters oppose Bob McDonnell. "When Mayor Bloomberg got down here, your guy, Bob McDonnell, kicked him out of Virginia, and it was very disrespectful," says the character. "When you vote I strongly suggest you forget about your freedoms and your Mr. Second Amendment Bob McDonnell." McDonnell fought Bloomberg's effort to shut down Virginia gun dealers who sold guns to undercover investigators working for the City of New York who bought the guns in violation of existing regulations. Bloomberg has also underwritten an ad citing the Virginia Tech massacre and attacking McDonnell for failing to support stricter gun regulations. (Scroll down the page for article and video, which is worth the minute it takes to watch.)
http://www.politico.com/blogs/bensmith/
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Georgia Judge Dismisses Suit against Bloomberg: A Cobb County judge has dismissed a Smyrna gun seller's lawsuit that was brought against New York Mayor Michael Bloomberg after the mayor called the Georgia businessman a "rogue" gun dealer. Jay Wallace, who owns Adventure Outdoors in Smyrna, brought the suit after New York City sued him and 26 other gun dealers – eight in Georgia – in 2006 because guns from their stores had been recovered at New York City crime scenes. Former Congressman and former federal prosecutor Bob Barr, who represented Wallace in this suit, said he expected to appeal the dismissal but the legal strategy was still being discussed. "We certainly intend to pursue this vigorously," Barr said Tuesday. "I think we have a very strong case." …Wallace's suit demanded $400 million from Bloomberg and New York Police Commissioner Ray Kelly, saying they libeled him with their characterizations. New York said the officials were only exercising their free speech rights and the Georgia lawsuit was brought to silence their criticisms of Wallace…
http://www.ajc.com/news/cobb/cobb-county-judge-tosses-156140.html?cxtype=rss_news_128746
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Equal Rights in Seattle: An advertisement sponsored by Equal Rights Washington is running on Evergreen State television stations, promoting a referendum aimed at protecting the state's domestic partnership statute. It's getting plenty of support, not only from the gay community, but from big name outfits including Boeing, Microsoft, Nike, Puget Sound Energy, RealNetworks and Vulcan Development, according to a Sept. 24 Seattle Times editorial. Gun owners are all for equal rights, which is why gun rights organizations are involved in lawsuits against the cities of Chicago and Washington, D.C. and are threatening a lawsuit against Seattle Mayor Greg Nickels and the City of Seattle if the lame-duck mayor pushes ahead with his plan to ban legally-carried firearms from city park lands and facilities. I wrote about that here. If we are going to speak of equal rights for all, the conversation must include citizens who are legally armed. They cannot be treated like lepers, and certainly not like criminals…
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m10d6-Firearms-owners-versus-cities-Its-a-matter-of-equal-rights?cid=exrss-Seattle-Gun-Rights-Examiner
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To Protect and Serve Whom?: Nogales Police Chief William Ybarra hopes a new state law won't cause a Wild West barroom fight with pistols in his town. SB 1113 became law Sept. 29. It allows an Arizona resident to enter an establishment that sells alcohol (restaurant or bar) carrying a concealed firearm… The gun-carrier must have a state permit and is not allowed to drink, Ybarra said. "How are you going to know it they're carrying a weapon?" he asked… Sheriff Antonio Estrada described the new law as "ludicrous. You can go in there (a bar) but you can't drink," Estrada said. "Who's going to be checking people? It'll be on the honor system." Estrada said he supports the Second Amendment (right of the people to bear arms), but "they're really stretching the Constitution," he said… (Back when DPS still offered training for Arizona's CWP instructors, we had a discussion at one of the sessions involving the relaxation of the attitude toward permittees by DPS Highway Patrol officers. Stating that I had not returned to Arizona until five years after licensed CCW had become available, I inquired why there had been such initial concern in a state where open carry was both legal and common. "It was different." If Nogales cops and Santa Cruz County deputies do not already assume that all people they contact may be armed, they need to find a different line of work. I'm sorry to read that Mr. C's is posted – their food is excellent. By the way, the law did not take effect until September 30.)
http://www.nogalesinternational.com/articles/2009/10/06/news/doc4acb692f7f66e866541848.txt
…The real issue that we need to consider can best be explained by recalling an October afternoon in Killeen, TX in 1991. Suzanna Gratia-Hupp was having lunch with her parents at a Luby's Cafeteria. She left her handgun in her car to comply with Texas state law which at the time prohibited her from carrying a concealed weapon. George Hennard drove his truck through the front window of the cafeteria and opened fire on the patrons. Hupp started to grab her gun but remembered it was in her car. Twenty-one people died that day, including Hupp's mother and father. Twenty others were wounded. Had there been one legally armed citizen in that Luby's Cafeteria the outcome could have been remarkably different. Hupp subsequently stated that if she had the opportunity, she would have gladly accepted a criminal conviction for illegally carrying her firearm if it would have saved the life of her mother and father…
http://www.examiner.com/x-25100-Phoenix-Gun-Rights-Examiner~y2009m10d5-Arizonas-restaurant-carry-law-is-about-the-2nd-Amendment-not-guns-and-alcohol?cid=channel-rss-Politics
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While in Tennessee…: Constitutionalists and supporters of the Second Amendment gathered in Unicoi County on Saturday, Oct. 3, for a day-long Rally for Freedom, hosted by Sheriff Kent Harris and the Northeast Tennessee Liberty Coalition. Harris estimated that about 500 people total attended the rally, which was held at the former Bear Mountain Outfitters building at exit 40 off I-26. Most attendees came and went throughout the day to hear various speakers. "I was happy with the crowd, to get everybody organized like that," Harris told The Beacon. "These people really believed in a lot of the important causes that we were talking about. That was our goal, to organize a group like this that has a lot of the same concerns." Harris addressed the crowd on the right to bear arms and government spending, saying that the government should "tighten its belt." …
http://www.vbbeacon.com/vnews/display.v/ART/2009/10/06/4acb7c7392180
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Sunday Is Deadline for California Governor: Governor Schwarzenegger has until this coming Sunday to either sign, veto, or let stand without his signature bills that are before him. Now is the time to urge the governor to veto AB962, the bill that would severely restrict ammunition purchase, and SB585, the Cow Palace gun show ban. (Numerous California newspapers are urging him to sign these atrocious bills.)
http://gov.ca.gov/interact#contact
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CCW at Gun Shows: Two major gun shows alternate in the Denver market, averaging a show every month in the metro area. Neither one allows concealed carry permit holders to carry loaded weapons. How can strong adherents to the second amendment exclude exercising that right in their own shows? It seemed to me to be a case of NIMBY, Not in My Back Yard. Sure, the right to bear arms is all well and good, except around me. Gun shows are certainly not Gun Free Zones. I had to inquire… (The Douglas Rifle and Pistol Club, of which I was a member when I lived in Douglas, used to host an annual gun show. One year I was successful in modifying the usual ban on loaded firearms, posting a pair of signs that read, "All firearms to be exhibited, exposed or handled must be unloaded and have their actions secured." and "CCW pursuant to A.R.S. 13-3112 IF you keep it holstered.")
http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2009m10d5-Is-it-NIMBY-at-gun-shows?cid=exrss-Denver-Gun-Rights-Examiner
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Oops, Wrong House: A New Jersey man who was shot and killed during a home invasion in Halifax Friday morning was likely seeking revenge for a two decade-old domestic dispute, according to Halifax County [NC] Sheriff Jeff Frazier. The investigation is ongoing into details of the 1988 dispute between Marcel Alston, of Halifax, and Carlton L. Burg… Investigators said that a knock woke up Alston around 7 a.m. at his house at 5524 U.S. Highway 301, where he lives alone. When Alston opened the door, Burgess, who had a gun, began assaulting Alston. Alston got away and was climbing up the stairs when Burgess fired, striking his victim in the buttocks, investigators said. Alston managed to get to his bedroom and got out a gun he kept there. Burgess followed Alston into the bedroom, and Alston fatally shot him in the upper torso, according to investigators… (Note that the shot to the buttocks, which is part of the pelvic area, apparently and predictably limited Alston's mobility but did not fully incapacitate him. Unless the round strikes one of the large blood vessels in the lateral pelvis, a shot to the pelvis is best viewed as one that could well require a follow-up, after the mobility of the "target" has been impaired.)
http://www.wral.com/news/local/story/6124241/
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Oops, Wrong Car Wash: A man suffered life-threatening wounds when he attempted to rob another man at a midtown car wash and was shot by the victim, Tucson police said. The incident occurred at a self-service car wash on East 22nd Street near South Beverly Avenue just before 4:30 p.m. Tuesday. Police said a 50-year-old man was at the car wash washing his vehicle when he was approached by an 18-year-old man. The younger man pulled out a gun and attempted to rob the older man, police said. The older man pulled out his own gun and shot the 18 year old. The younger man ran away and got into a car that was being driven by another person. A short time later, the 18-year-old man showed up at a hospital with life-threatening wounds, police said. The 50-year-old man was not injured. He's being questioned by police as is the driver of the car who took the wounded man to the hospital.
http://www.azstarnet.com/sn/mailstory-clickthru/312141.php
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Homeowner Rescues Animal Control Officer: Plainfield [CT] Animal Control Officer Terry Foss was attacked by a "pit bull-type dog" late Tuesday night, according to Plainfield Police. Foss was responding to a complaint at 270 Green Hollow Road, where, according to residents, the dog was preventing them from exiting their home. On her arrival, the dog jumped at Foss, knocking her to the ground. Resident Ron Roberts fired "2 or 3 shots" from a .22 rifle at the dog, which police say yelped and ran away… Police Chief Robert Hoffman said Roberts will not face charges from shooting at the dog. He said the department thanked Roberts for his action. "It sounds like it could have been a lot worse had he not been there," Hoffman said… (Actually, Roberts had to have been there as the dog showed up at his home. It would have made more sense for Chief Hoffman to have expressed gratitude for Roberts having had the foresight to arm himself.)
http://www.norwichbulletin.com/news/x593060375/Plainfield-resident-shoots-dog-stops-attack-on-animal-control-officer
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Firearm Safety – Education, Not Legislation: Regular readers are familiar with my "Only Ones" files, promoting with anecdotal evidence the thesis that positions in government should not automatically qualify someone for privileges and immunities not enjoyed by all. The genesis of this concept was DEA agent Lee Paige, who, after telling a group of schoolchildren he was "the only one professional enough in this room to carry a Glock 40," shot himself in the foot in front of the class. Law enforcement employees are not the only ones society can trust with guns. Which doesn't mean citizens are immune to mishaps with terrible consequences. Case in point: two recent incidents involving "accidental" discharges… Ms. Windfelder's described actions, along with the reported controlled substance use, hardly seem to indicate a spontaneous mechanical malfunction being the cause of the discharge. The second incident involved a handgun at a firing range in Florida… (Of note, in the Florida incident, which I shared several days ago, I suspected a broken disconnector while Len Savage is looking at the possibility of a cook-off. This is the first I've heard of the Iraq connection.)
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m10d6-Knowledge-key-to-avoiding-gun-mishaps
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More on Remington's Purchase of Suppressor Company: Well, it's official, Remington, a Freedom Group, Inc./Cerberus Capital Management L.P.-owned company, has acquired/purchased Advanced Armament Corp. (AAC).It seems logical that AAC will be run under Remington's military products division, but DefenseReview hasn't yet confirmed this…
http://www.defensereview.com/remington-acquires-aac-advanced-armament-corp-freedom-groupcerberus-goes-silentsuppressed/
…A writer for newser named Jonas Oransky describes Freedom Group's/Cerberus' CEO Stephen Feinberg as "ultra-secretive, ultra-cutthroat". Having never met or spoken with Mr. Feinberg, DefRev has no knowledge of the "ultra-cutthroat" part, but, so far, he certainly appears to be fairly secretive. The tactical industry chatter on Feinberg is that he's a serious firearms enthusiast, which, if true, is a good thing considering that he now controls so many tactical firearms and related companies and is the financial equivalent of the proverbial 800-pound silver back gorilla – and this gorilla's got a Black Card. Let's just hope he's friendly and ardently supports the Second Amendment. I'd hate to find out that someone that powerful in the industry is anti-Second Amendment and/or a closet anti-private-gun-ownership socialist. That would NOT be good. From the outside, Feinberg appears to be the former (pro-Second Amendment), but we don't know for certain. We've never met him or spoken with him. In fact, we've never even seen him in person, as far as we know. Maybe we've seen him at SHOT Show and just not recognized him. He's somewhat mysterious and ghost-like. In that respect (invisibility and secretiveness), he reminds us a little of a (seemingly) pro-gun Howard Hughes, sans Hughes' crazy aspect… (I'm intrigued that DefRev missed or ignored the Cerberus-Kollitides-NRA connection [http://www.gkollitides4nraboard.com/]. As noted yesterday, Kollitides was unsuccessful in his bid for a seat on the NRA board, which some have attributed to his ad campaign, which gave the impression that he thought he could buy the seat.)
http://www.defensereview.com/rumor-mill-did-freedom-groupcerberus-just-acquire-silencersound-suppressor-company-advanced-armament-corp-aac-for-40-million/
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Australia Notes Texas Boy's Shooting of Alligator: Texas-born Simon Hughes, 5, doesn't look intimidating. But put a gun in his hands and pit him against an 800-pound alligator and it's a different story. Simon's been training to handle a gun since he was just 4, his dad told MyFOXHouston - and it's a good thing, too, or else he could've gotten hurt by the mega-gator that wound up on the Hughes family ranch. The huge alligator bit into a baited hook in a marsh on the property, coming face-to-face with Simon. The boy reacted with lightning speed, grabbing his gun and shooting the reptile in the head… (I shared the original report of this incident on Sunday but felt it was worth sharing a gun-friendly article out of Australia, a nation not known for supporting the RKBA, on their own turf or on ours.)
http://www.dailytelegraph.com.au/news/world/gator-bait-boy-shoots-monster-in-head/story-e6frev00-1225782366441
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RKBA Fight in Turkey: A newly established group called the Right to Individual Gun Ownership and Defense (BSSAH) has called for the relaxation of laws on the legal ownership of guns in Turkey, arguing in a press statement issued yesterday that bearing arms is a part of the country's tradition and culture. The group said the country's current gun laws contradict Turkey's history of private gun ownership. The statement said illegal gun sales have burgeoned in Turkey because of the difficultly and high cost of obtaining guns legally under current laws. The group said there are two main factors that encourage people to purchase guns illegally in Turkey: the high costs involved in obtaining firearms licenses, which it said exceed most people's budgets, and overly expensive handguns. The group blamed difficult licensing procedures for the increasing number of illegally owned guns. The group called for the easing of restrictions on gun ownership…
http://www.todayszaman.com/tz-web/news-189134-101-group-issues-controversial-call-for-gun-rights.html
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While in Kenya…: Owners of illegal guns and police officers who rent their firearms to criminals could soon face the death penalty. Law enforcement agencies are pushing for tighter gun control and have proposed a raft of tough measures to be discussed by the Cabinet soon. These include an amendment to the Firearms Act, the law governing the legal ownership of guns. According to the latest proposals contained in the National Policy on Small Arms and Light Weapons, no one will be allowed to own an AK-47 rifle, a G3 or "any automatic or semi-automatic self-loading military assault rifle of any other calibre". Anyone found guilty of having one will be hanged. The policy is a follow-up of a letter to the Attorney General dated February 12, 2007. The letter from the then Police Commissioner, Maj-Gen Hussein Ali, had proposed that the death sentence be imposed on criminals with illegal firearms and civilians who misuse licensed guns. The AG is yet to act on the recommendations. He instead proposed that the death sentence be reduced to life imprisonment…
http://www.nation.co.ke/News/-/1056/669076/-/unii2d/-/
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New RKBA Book: Assault on Weapons: The Campaign to Eliminate Your Guns reveals the history of the gun prohibition movement, a politically-motivated elitist effort built on myths, distortions and lies. This insidious gun ban movement is full of self-appointed "progressive" social engineers and Utopian idealists. Read how these gun banners who use incremental disarmament of American citizens, through legislation, litigation and cultural bigotry, have become a serious threat to liberty and personal safety. This is a must read. Full of behind the scenes political maneuvering aimed at confusing gun owners as to who their real enemies are. When you read what they say in their own words your blood will boil. Their philosophy of hatred and fear of gun owners and their process of demonization are all exposed! …
http://www.amazon.com/Assault-Weapons-Campaign-Eliminate-Your/dp/0936783605/ref=sr_1_2?ie=UTF8&s=books&qid=1254781934&sr=1-2
http://reason.com/archives/2009/10/07/from-guns-to-butter
Will Sotomayor Recuse Herself?: With the Supreme Court's acceptance of McDonald v. Chicago, we now begin the waiting game. Naturally, both pro-rights and anti-choice camps are speculating on how the High Court will rule, and of particular interest is how the newest judge, Sonia Sotomayor, will factor in on the decision. There's a meme wending its way around internet forums and the like that she'll recuse herself, since she already ruled at the circuit court level that the Second Amendment does not restrict the power of states to infringe on the right to keep and bear arms. Some seem to be under the impression that she ruled on McDonald, which she did not (she ruled on Maloney v. Rice), and because of that, the prospect of overruling herself will present a judicial ethics conflict… (The first list of recusals has been released and while Sotomayor recused herself from the cases that passed through the Second Circuit Court of Appeals during her tenure, she has not recused herself from McDonald v. Chicago. Fortunately, her vote is not likely to make the difference as she replaced David Souter, who voted against the RKBA in Heller.)
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m10d5-Will-Sotomayor-recuse-herself-from-Chicago-gun-case
More Analysis: … The Privileges or Immunities Clause appears to be a quite natural way of saying that the Bill of Rights, formerly only a limit on the federal government, is now a limit on the states as well. Under this straightforward reading, the "privileges or immunities of citizens of the United States" - that is, the rights set forth in the Bill of Rights - are protected against each "State." …The answer is the Due Process Clause of the Fourteenth Amendment. In a series of Twentieth Century cases, the Court held that most of the provisions of the Bill of Rights do limit the states after all. For example, in order to deprive a person of his life, due process means that a trial by jury must be given, as set forth in the Sixth Amendment. To deprive a person of her freedom from unreasonable searches and seizures, due process means that the probable cause and warrant requirements of the Fourth Amendment must be honored… To be sure, the McDonald case does not directly present any question about unenumerated rights. In Heller, Justice Scalia emphasized for the Court that the enumerated text of the Second Amendment was the driving force behind the decision to find an individual right to firearms possession. In McDonald, the Court could simply say that the protections of the Second Amendment are on par with most of the other protections of the Bill of Rights…
http://writ.news.findlaw.com/dorf/20091007.html
… It is widely anticipated by both sides that the high court will decide in favor of gun-rights proponents, according to an Associated Press report titled 'Ban handguns? Supreme Court taking a new look.' But there is a catch. Mark Tushnet, a Harvard Law Professor cited by the AP, believes the court will have to decide what limits are "reasonable," maybe even restriction by restriction. And that's not all. "It's very hard to know where this court would draw the line between reasonable and unreasonable," he added. Based on Justice Antonin Scalia's statements about the lack of an "absolute" right to guns, the president of the anti-gun Brady Campaign Paul Helmke, is hoping that the court will continue to allow broad restrictions. "The court made it very clear that the Second Amendment right is not unlimited and that there can be restrictions on who gets guns, where they take guns, what kind of guns they get, how they're carried, how they're stored, how they're sold," he said…
http://www.jbs.org/jbs-news-feed/5460-supreme-court-agrees-to-hear-new-gun-case
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The Beat Goes On: The shooting in Rockland County on Sunday of two alleged home burglars came almost on cue. It could almost be viewed as timely rationale behind Americans' recent rush to buy still more guns - apparently before the Obama administration bids to confiscate the 200 million privately owned firearms in the United States and convert them into new bridge supports or maybe railroad tracks. Variations of those unlikely scenarios keep gun-loving Americans up at night. They have not let the Great Recession stand in the way of a full firearms rack. There's anecdotal evidence that New York firearm sales are running 30 percent to 50 percent higher than last year. Jurisdictions elsewhere report even bigger increases. "The continued increase in demand for firearms and ammunition throughout the entire United States is clear and is largely being driven by the political concerns of gun owners," Ted Novin, spokesman for the National Shooting Sports Foundation, told our Albany bureau. Perhaps oblivious to the reports of all this gun-buying were the alleged home invaders from Haverstraw. They were shot by a rifle-wielding property owner during an alleged break-in and robbery attempt on Warren Avenue. Julio Urena, 17, shot in the buttocks, and Juan Martinez, 25, struck in the arm, wore blue hospital robes during their court appearance Monday. They entered not guilty pleas to burglary and robbery charges…
http://www.lohud.com/apps/pbcs.dll/article?AID=2009910070310
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Some Call It Unintended Consequences: Like most alarmists needlessly panicked about the direction of the Obama Administration, people who thought that their firearms would be taken away - and who flocked to gun stores to stock up - have lived a fiction. In reality, this has been a boom time for the Second Amendment. Congress has fallen all over itself to show that it is the vassal of the National Rifle Association, and the administration, saving its political ammunition for issues like health-care reform, hasn't had a pole long enough to touch gun control. In May, legislation on credit cards - credit cards! - was amended to allow people to bring loaded guns into national parks. Mr. Obama signed it. Now comes the Supreme Court to perhaps seal the deal for the United States of Arsenals. Last year, the court declared what its predecessors had never done before: that "the right of the people to keep and bear arms" is an individual right, and never mind the inconvenient antecedent in the Constitution of "a well regulated militia" that suggests a collective right…
http://toledoblade.com/apps/pbcs.dll/article?AID=/20091006/OPINION02/910060315/0/LOG
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"Public Health Scholar" Hits NRA: …In the 1990s, the National Rifle Association and other pro-gun organizations realized that their traditional constituency of hunters and recreational shooters was shrinking. New members were needed, and the gun lobby began to reach out to Americans who fear the federal government and seek to keep it weak in order to ensure individual liberty. This effort attracted mainstream actors (i.e., Republicans, Libertarians, anti-tax advocates), but also some dangerous, underground elements (i.e., militias, white supremacists, survivalists, etc.). The new formula worked well until Timothy McVeigh blew up the Murrah Building in Oklahoma City in 1995. At that point, Americans began to look at the NRA's caustic rhetoric with disapproval. The NRA needed an image upgrade, and it got one with the "Vote Freedom First" campaign. Preaching about basic American values like "freedom" and "patriotism" allowed the NRA to talk in code to a radical audience…
http://voices.washingtonpost.com/shortstack/2009/10/guns_and_democracy.html?hpid=news-col-blog
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NRA Hits Bloomberg in Virginia Campaign Ad: A new ad kicking off the National Rifle Association's half-million dollar campaign in Virginia stars a Sopranos-style mobster in the service of New York Mayor Michael Bloomberg, strongly suggesting that Virginia voters oppose Bob McDonnell. "When Mayor Bloomberg got down here, your guy, Bob McDonnell, kicked him out of Virginia, and it was very disrespectful," says the character. "When you vote I strongly suggest you forget about your freedoms and your Mr. Second Amendment Bob McDonnell." McDonnell fought Bloomberg's effort to shut down Virginia gun dealers who sold guns to undercover investigators working for the City of New York who bought the guns in violation of existing regulations. Bloomberg has also underwritten an ad citing the Virginia Tech massacre and attacking McDonnell for failing to support stricter gun regulations. (Scroll down the page for article and video, which is worth the minute it takes to watch.)
http://www.politico.com/blogs/bensmith/
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Georgia Judge Dismisses Suit against Bloomberg: A Cobb County judge has dismissed a Smyrna gun seller's lawsuit that was brought against New York Mayor Michael Bloomberg after the mayor called the Georgia businessman a "rogue" gun dealer. Jay Wallace, who owns Adventure Outdoors in Smyrna, brought the suit after New York City sued him and 26 other gun dealers – eight in Georgia – in 2006 because guns from their stores had been recovered at New York City crime scenes. Former Congressman and former federal prosecutor Bob Barr, who represented Wallace in this suit, said he expected to appeal the dismissal but the legal strategy was still being discussed. "We certainly intend to pursue this vigorously," Barr said Tuesday. "I think we have a very strong case." …Wallace's suit demanded $400 million from Bloomberg and New York Police Commissioner Ray Kelly, saying they libeled him with their characterizations. New York said the officials were only exercising their free speech rights and the Georgia lawsuit was brought to silence their criticisms of Wallace…
http://www.ajc.com/news/cobb/cobb-county-judge-tosses-156140.html?cxtype=rss_news_128746
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Equal Rights in Seattle: An advertisement sponsored by Equal Rights Washington is running on Evergreen State television stations, promoting a referendum aimed at protecting the state's domestic partnership statute. It's getting plenty of support, not only from the gay community, but from big name outfits including Boeing, Microsoft, Nike, Puget Sound Energy, RealNetworks and Vulcan Development, according to a Sept. 24 Seattle Times editorial. Gun owners are all for equal rights, which is why gun rights organizations are involved in lawsuits against the cities of Chicago and Washington, D.C. and are threatening a lawsuit against Seattle Mayor Greg Nickels and the City of Seattle if the lame-duck mayor pushes ahead with his plan to ban legally-carried firearms from city park lands and facilities. I wrote about that here. If we are going to speak of equal rights for all, the conversation must include citizens who are legally armed. They cannot be treated like lepers, and certainly not like criminals…
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m10d6-Firearms-owners-versus-cities-Its-a-matter-of-equal-rights?cid=exrss-Seattle-Gun-Rights-Examiner
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To Protect and Serve Whom?: Nogales Police Chief William Ybarra hopes a new state law won't cause a Wild West barroom fight with pistols in his town. SB 1113 became law Sept. 29. It allows an Arizona resident to enter an establishment that sells alcohol (restaurant or bar) carrying a concealed firearm… The gun-carrier must have a state permit and is not allowed to drink, Ybarra said. "How are you going to know it they're carrying a weapon?" he asked… Sheriff Antonio Estrada described the new law as "ludicrous. You can go in there (a bar) but you can't drink," Estrada said. "Who's going to be checking people? It'll be on the honor system." Estrada said he supports the Second Amendment (right of the people to bear arms), but "they're really stretching the Constitution," he said… (Back when DPS still offered training for Arizona's CWP instructors, we had a discussion at one of the sessions involving the relaxation of the attitude toward permittees by DPS Highway Patrol officers. Stating that I had not returned to Arizona until five years after licensed CCW had become available, I inquired why there had been such initial concern in a state where open carry was both legal and common. "It was different." If Nogales cops and Santa Cruz County deputies do not already assume that all people they contact may be armed, they need to find a different line of work. I'm sorry to read that Mr. C's is posted – their food is excellent. By the way, the law did not take effect until September 30.)
http://www.nogalesinternational.com/articles/2009/10/06/news/doc4acb692f7f66e866541848.txt
…The real issue that we need to consider can best be explained by recalling an October afternoon in Killeen, TX in 1991. Suzanna Gratia-Hupp was having lunch with her parents at a Luby's Cafeteria. She left her handgun in her car to comply with Texas state law which at the time prohibited her from carrying a concealed weapon. George Hennard drove his truck through the front window of the cafeteria and opened fire on the patrons. Hupp started to grab her gun but remembered it was in her car. Twenty-one people died that day, including Hupp's mother and father. Twenty others were wounded. Had there been one legally armed citizen in that Luby's Cafeteria the outcome could have been remarkably different. Hupp subsequently stated that if she had the opportunity, she would have gladly accepted a criminal conviction for illegally carrying her firearm if it would have saved the life of her mother and father…
http://www.examiner.com/x-25100-Phoenix-Gun-Rights-Examiner~y2009m10d5-Arizonas-restaurant-carry-law-is-about-the-2nd-Amendment-not-guns-and-alcohol?cid=channel-rss-Politics
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While in Tennessee…: Constitutionalists and supporters of the Second Amendment gathered in Unicoi County on Saturday, Oct. 3, for a day-long Rally for Freedom, hosted by Sheriff Kent Harris and the Northeast Tennessee Liberty Coalition. Harris estimated that about 500 people total attended the rally, which was held at the former Bear Mountain Outfitters building at exit 40 off I-26. Most attendees came and went throughout the day to hear various speakers. "I was happy with the crowd, to get everybody organized like that," Harris told The Beacon. "These people really believed in a lot of the important causes that we were talking about. That was our goal, to organize a group like this that has a lot of the same concerns." Harris addressed the crowd on the right to bear arms and government spending, saying that the government should "tighten its belt." …
http://www.vbbeacon.com/vnews/display.v/ART/2009/10/06/4acb7c7392180
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Sunday Is Deadline for California Governor: Governor Schwarzenegger has until this coming Sunday to either sign, veto, or let stand without his signature bills that are before him. Now is the time to urge the governor to veto AB962, the bill that would severely restrict ammunition purchase, and SB585, the Cow Palace gun show ban. (Numerous California newspapers are urging him to sign these atrocious bills.)
http://gov.ca.gov/interact#contact
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CCW at Gun Shows: Two major gun shows alternate in the Denver market, averaging a show every month in the metro area. Neither one allows concealed carry permit holders to carry loaded weapons. How can strong adherents to the second amendment exclude exercising that right in their own shows? It seemed to me to be a case of NIMBY, Not in My Back Yard. Sure, the right to bear arms is all well and good, except around me. Gun shows are certainly not Gun Free Zones. I had to inquire… (The Douglas Rifle and Pistol Club, of which I was a member when I lived in Douglas, used to host an annual gun show. One year I was successful in modifying the usual ban on loaded firearms, posting a pair of signs that read, "All firearms to be exhibited, exposed or handled must be unloaded and have their actions secured." and "CCW pursuant to A.R.S. 13-3112 IF you keep it holstered.")
http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2009m10d5-Is-it-NIMBY-at-gun-shows?cid=exrss-Denver-Gun-Rights-Examiner
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Oops, Wrong House: A New Jersey man who was shot and killed during a home invasion in Halifax Friday morning was likely seeking revenge for a two decade-old domestic dispute, according to Halifax County [NC] Sheriff Jeff Frazier. The investigation is ongoing into details of the 1988 dispute between Marcel Alston, of Halifax, and Carlton L. Burg… Investigators said that a knock woke up Alston around 7 a.m. at his house at 5524 U.S. Highway 301, where he lives alone. When Alston opened the door, Burgess, who had a gun, began assaulting Alston. Alston got away and was climbing up the stairs when Burgess fired, striking his victim in the buttocks, investigators said. Alston managed to get to his bedroom and got out a gun he kept there. Burgess followed Alston into the bedroom, and Alston fatally shot him in the upper torso, according to investigators… (Note that the shot to the buttocks, which is part of the pelvic area, apparently and predictably limited Alston's mobility but did not fully incapacitate him. Unless the round strikes one of the large blood vessels in the lateral pelvis, a shot to the pelvis is best viewed as one that could well require a follow-up, after the mobility of the "target" has been impaired.)
http://www.wral.com/news/local/story/6124241/
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Oops, Wrong Car Wash: A man suffered life-threatening wounds when he attempted to rob another man at a midtown car wash and was shot by the victim, Tucson police said. The incident occurred at a self-service car wash on East 22nd Street near South Beverly Avenue just before 4:30 p.m. Tuesday. Police said a 50-year-old man was at the car wash washing his vehicle when he was approached by an 18-year-old man. The younger man pulled out a gun and attempted to rob the older man, police said. The older man pulled out his own gun and shot the 18 year old. The younger man ran away and got into a car that was being driven by another person. A short time later, the 18-year-old man showed up at a hospital with life-threatening wounds, police said. The 50-year-old man was not injured. He's being questioned by police as is the driver of the car who took the wounded man to the hospital.
http://www.azstarnet.com/sn/mailstory-clickthru/312141.php
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Homeowner Rescues Animal Control Officer: Plainfield [CT] Animal Control Officer Terry Foss was attacked by a "pit bull-type dog" late Tuesday night, according to Plainfield Police. Foss was responding to a complaint at 270 Green Hollow Road, where, according to residents, the dog was preventing them from exiting their home. On her arrival, the dog jumped at Foss, knocking her to the ground. Resident Ron Roberts fired "2 or 3 shots" from a .22 rifle at the dog, which police say yelped and ran away… Police Chief Robert Hoffman said Roberts will not face charges from shooting at the dog. He said the department thanked Roberts for his action. "It sounds like it could have been a lot worse had he not been there," Hoffman said… (Actually, Roberts had to have been there as the dog showed up at his home. It would have made more sense for Chief Hoffman to have expressed gratitude for Roberts having had the foresight to arm himself.)
http://www.norwichbulletin.com/news/x593060375/Plainfield-resident-shoots-dog-stops-attack-on-animal-control-officer
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Firearm Safety – Education, Not Legislation: Regular readers are familiar with my "Only Ones" files, promoting with anecdotal evidence the thesis that positions in government should not automatically qualify someone for privileges and immunities not enjoyed by all. The genesis of this concept was DEA agent Lee Paige, who, after telling a group of schoolchildren he was "the only one professional enough in this room to carry a Glock 40," shot himself in the foot in front of the class. Law enforcement employees are not the only ones society can trust with guns. Which doesn't mean citizens are immune to mishaps with terrible consequences. Case in point: two recent incidents involving "accidental" discharges… Ms. Windfelder's described actions, along with the reported controlled substance use, hardly seem to indicate a spontaneous mechanical malfunction being the cause of the discharge. The second incident involved a handgun at a firing range in Florida… (Of note, in the Florida incident, which I shared several days ago, I suspected a broken disconnector while Len Savage is looking at the possibility of a cook-off. This is the first I've heard of the Iraq connection.)
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m10d6-Knowledge-key-to-avoiding-gun-mishaps
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More on Remington's Purchase of Suppressor Company: Well, it's official, Remington, a Freedom Group, Inc./Cerberus Capital Management L.P.-owned company, has acquired/purchased Advanced Armament Corp. (AAC).It seems logical that AAC will be run under Remington's military products division, but DefenseReview hasn't yet confirmed this…
http://www.defensereview.com/remington-acquires-aac-advanced-armament-corp-freedom-groupcerberus-goes-silentsuppressed/
…A writer for newser named Jonas Oransky describes Freedom Group's/Cerberus' CEO Stephen Feinberg as "ultra-secretive, ultra-cutthroat". Having never met or spoken with Mr. Feinberg, DefRev has no knowledge of the "ultra-cutthroat" part, but, so far, he certainly appears to be fairly secretive. The tactical industry chatter on Feinberg is that he's a serious firearms enthusiast, which, if true, is a good thing considering that he now controls so many tactical firearms and related companies and is the financial equivalent of the proverbial 800-pound silver back gorilla – and this gorilla's got a Black Card. Let's just hope he's friendly and ardently supports the Second Amendment. I'd hate to find out that someone that powerful in the industry is anti-Second Amendment and/or a closet anti-private-gun-ownership socialist. That would NOT be good. From the outside, Feinberg appears to be the former (pro-Second Amendment), but we don't know for certain. We've never met him or spoken with him. In fact, we've never even seen him in person, as far as we know. Maybe we've seen him at SHOT Show and just not recognized him. He's somewhat mysterious and ghost-like. In that respect (invisibility and secretiveness), he reminds us a little of a (seemingly) pro-gun Howard Hughes, sans Hughes' crazy aspect… (I'm intrigued that DefRev missed or ignored the Cerberus-Kollitides-NRA connection [http://www.gkollitides4nraboard.com/]. As noted yesterday, Kollitides was unsuccessful in his bid for a seat on the NRA board, which some have attributed to his ad campaign, which gave the impression that he thought he could buy the seat.)
http://www.defensereview.com/rumor-mill-did-freedom-groupcerberus-just-acquire-silencersound-suppressor-company-advanced-armament-corp-aac-for-40-million/
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Australia Notes Texas Boy's Shooting of Alligator: Texas-born Simon Hughes, 5, doesn't look intimidating. But put a gun in his hands and pit him against an 800-pound alligator and it's a different story. Simon's been training to handle a gun since he was just 4, his dad told MyFOXHouston - and it's a good thing, too, or else he could've gotten hurt by the mega-gator that wound up on the Hughes family ranch. The huge alligator bit into a baited hook in a marsh on the property, coming face-to-face with Simon. The boy reacted with lightning speed, grabbing his gun and shooting the reptile in the head… (I shared the original report of this incident on Sunday but felt it was worth sharing a gun-friendly article out of Australia, a nation not known for supporting the RKBA, on their own turf or on ours.)
http://www.dailytelegraph.com.au/news/world/gator-bait-boy-shoots-monster-in-head/story-e6frev00-1225782366441
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RKBA Fight in Turkey: A newly established group called the Right to Individual Gun Ownership and Defense (BSSAH) has called for the relaxation of laws on the legal ownership of guns in Turkey, arguing in a press statement issued yesterday that bearing arms is a part of the country's tradition and culture. The group said the country's current gun laws contradict Turkey's history of private gun ownership. The statement said illegal gun sales have burgeoned in Turkey because of the difficultly and high cost of obtaining guns legally under current laws. The group said there are two main factors that encourage people to purchase guns illegally in Turkey: the high costs involved in obtaining firearms licenses, which it said exceed most people's budgets, and overly expensive handguns. The group blamed difficult licensing procedures for the increasing number of illegally owned guns. The group called for the easing of restrictions on gun ownership…
http://www.todayszaman.com/tz-web/news-189134-101-group-issues-controversial-call-for-gun-rights.html
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While in Kenya…: Owners of illegal guns and police officers who rent their firearms to criminals could soon face the death penalty. Law enforcement agencies are pushing for tighter gun control and have proposed a raft of tough measures to be discussed by the Cabinet soon. These include an amendment to the Firearms Act, the law governing the legal ownership of guns. According to the latest proposals contained in the National Policy on Small Arms and Light Weapons, no one will be allowed to own an AK-47 rifle, a G3 or "any automatic or semi-automatic self-loading military assault rifle of any other calibre". Anyone found guilty of having one will be hanged. The policy is a follow-up of a letter to the Attorney General dated February 12, 2007. The letter from the then Police Commissioner, Maj-Gen Hussein Ali, had proposed that the death sentence be imposed on criminals with illegal firearms and civilians who misuse licensed guns. The AG is yet to act on the recommendations. He instead proposed that the death sentence be reduced to life imprisonment…
http://www.nation.co.ke/News/-/1056/669076/-/unii2d/-/
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New RKBA Book: Assault on Weapons: The Campaign to Eliminate Your Guns reveals the history of the gun prohibition movement, a politically-motivated elitist effort built on myths, distortions and lies. This insidious gun ban movement is full of self-appointed "progressive" social engineers and Utopian idealists. Read how these gun banners who use incremental disarmament of American citizens, through legislation, litigation and cultural bigotry, have become a serious threat to liberty and personal safety. This is a must read. Full of behind the scenes political maneuvering aimed at confusing gun owners as to who their real enemies are. When you read what they say in their own words your blood will boil. Their philosophy of hatred and fear of gun owners and their process of demonization are all exposed! …
http://www.amazon.com/Assault-Weapons-Campaign-Eliminate-Your/dp/0936783605/ref=sr_1_2?ie=UTF8&s=books&qid=1254781934&sr=1-2
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