10-16-09

by permission from Stephen P. Wenger
comments in () by the same
http://www.spw-duf.info
From GOA: Well, there's good news and bad news. If you've been
listening to the media, you know the bad news. Senators voted the
Baucus version of the ObamaCare bill out the Senate Finance Committee
on Tuesday, and the legislation now moves to the Senate floor. So
what's the good news? President Obama still doesn't have the 60 votes
he needs to overcome a filibuster of his nationalized health care
bill. In brief, the Baucus bill which passed out of committee will
hurt you in several ways… Anti-gun medical database that can be used
to deny your right to purchase firearms. As GOA has warned for several
months, the ObamaCare legislation will pump your medical information
into the medical database that was created under the stimulus bill
earlier this year… Discrimination against gun owners. ObamaCare
legislation in Congress will very likely empower anti-gun bureaucrats
to deny medical reimbursements to individuals who engage in supposedly
"dangerous" activities, like hunting or keeping loaded weapons for
self-defense. As GOA pointed out in an earlier alert, this type of
discrimination against gun owners has already occurred in the
homeowner insurance industry… (The link below will allow you to
generate a letter or an e-mail to your senators.)
http://capwiz.com/gunowners/issues/alert/?alertid=14185486&PROCESS=Take+Action
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Second Amendment March Seeks Volunteers: We have less than eight
months until our D.C. event, and there is much to accomplish before
then. Many hands make light work, so we are forming committees to take
on specific tasks. The descriptions are provided below. If you are
willing and able to serve on one of these committees, please send an
email to Terri.Stocke@secondamendmentmarch.com… We regret that these
are all unpaid, volunteer positions (as is the case with all of our
staff, coordinators and directors). While we cannot offer you
compensation, we can offer you the opportunity to make history! …
http://www.ammoland.com/2009/10/15/second-amendment-march-needs-volunteers/
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The Beat Goes On: John Lennon's observation that happiness is a warm
gun may be more true now than ever if membership at the Tri-County Gun
Club is any indication. The club has picked up an average of 70 new
members a month through most of this year, according to George Pitts,
Tri-County's public information officer. The credit for that spike in
membership falls on the Barack Obama administration, Pitts says. "We
took in 77 new members this month," Pitts said on a sunny afternoon
last April, as sporadic gunfire echoed through the hills of the
230-acre club nestled in the hills between Tualatin and Sherwood.
"Since Obama's become president, membership has just grown like
crazy." Earlier this month, Pitts said the inflow of new members
hasn't slowed down throughout the year. Membership is right around
4,000… (It's good to see that Oregonians are not just buying guns and
stashing them in closets or nightstands.)
http://www.beavertonvalleytimes.com/news/story.php?story_id=125562490812923100
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California Ammunition Bill Analyzed: With the passage of AB 962,
anybody purchasing handgun ammunition in California will have to
register with the state starting on February 1, 2011. What this means
to gun owners in California, and the rest of America, will have
repercussions for years to come. California consumers will have to
provide their name, address, date of birth, and right thumbprint to
the seller in order to complete the transaction. The seller must
maintain these records for at least five years and make them available
to inspection for any law enforcement official conducting an
investigation where ammunition records may be relevant. All
transactions must be conducted in person, so mail order sales will be
banned…
http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m10d15-Californias-new-ammunition-law-Costs-and-consequences
…California's new ammunition registration is not simply one state's
issue. It will have harmful consequences for years to come for all of
us: Any price increases caused by AB 962 create an effective
functional gun ban by pricing ammunition out of the reach of poor and
middle class families, who must choose between feeding their children
and protecting them from predators. Resources used to advance our
civil right of self-defense will be drawn off to counter proposals for
this new "sensible" gun law in other states. Mail order ammunition
vendors may be at risk of losing enough sales to force them out of
business, or force them to raise prices to remain profitable,
negatively impacting all of us. Ammunition prices, just starting to
level off and drop, may be hit with a new wave of fear-based buying,
driving prices to new highs.      This money, in turn, will not be
available as contributions to pro-rights organizations in our
continuing fight to restore the Second Amendment…
http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m10d15-Californias-new-ammunition-law-Costs-and-consequences-Page-2
Must people who follow gun laws and gun rights issues are aware by now
that over the weekend, California Governor Arnold Schwarzenegger
signed California AB 962.  AB 962 requires registration (complete with
thumbprint) of purchasers of handgun ammunition, requires retailers to
keep the ammunition inaccessible to customers, forbids mail order
purchases of handgun ammunition, etc. Although proponents of this
legislation reassured hunters and others that the new law would only
affect handgun ammo, leaving rifle ammunition unaffected, this ignores
the fact that many calibers are chambered in both rifles and handguns.
Given the state of California's politics and "justice" system, I
would certainly not want to bet on getting much benefit of the doubt
on what is counted as potential handgun ammo, and what is not… "(c)
For purposes of this section, "ammunition" shall include, but not be
limited to, any bullet, cartridge, magazine, clip, speed loader,
autoloader, or projectile capable of being fired from a firearm with
deadly consequence. "Ammunition" does not include blanks…"
http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2009m10d15-California-AB-962-Much-more-than-ammo?cid=exrss-St-Louis-Gun-Rights-Examiner
Governor Arnold Schwarzenegger joined California Campaign Brady
Chapter leaders at a dispatch center of the Los Angeles Police
Department this morning to celebrate the passage, and his signing, of
AB 962 that will help law enforcement track down and apprehend armed
criminals and other prohibited persons. Officials of the Brady
Campaign to Prevent Gun Violence will now urge leaders in other states
to consider adopting California's innovative new law which will help
law enforcement determine when dangerous people are in possession of
illegal handgun ammunition and illegal guns [emphasis added]. This
bill was the California Brady Campaign Chapters' top priority in this
year's state legislative session…
http://www.prweb.com/releases/ammo_bill/Brady_Campaign/prweb3058584.htm
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Speaking of Which…: … What's really needed is a federal law patterned
on California's tough restrictions on firearm sales. Lautenberg's
bill, S. 843,:S.843: regulates gun-show transactions exclusively. In
California, it is illegal for anyone to sell or transfer a firearm,
whether at a gun show or not, without processing the transaction
through a licensed dealer, who must perform a background check.
Opponents claim that this would be overly burdensome, but it has had
no discernible effects on gun sales in California, which, according to
a recent UC Davis study, hosted 100 gun shows in 2007 and like many
other states saw a 30% year-over-year sales increase in late 2008 and
early 2009. Though there's little evidence that this law has reduced
gun violence in the Golden State, that's probably because it's still
so easy for criminals to get guns from elsewhere, especially from
anything-goes border states such as Nevada and Arizona. A federal law
would change that… (There are federal laws that place severe
restrictions on the non-medical use of mind-altering drugs. Have they
effectively protected California from the illicit manufacture and
illegal importation of those controlled substances?)
http://www.latimes.com/news/opinion/editorials/la-ed-gunshows16-2009oct16,0,1223539.story?track=rss
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Whose Voice Counts in Seattle?: Outgoing Seattle Mayor Greg Nickels
yesterday (Oct. 14) made it official: He announced that city park
properties will be posted off limits to firearms, even those guns that
are legally carried by law-abiding citizens. Public reaction to the
move has been overwhelmingly negative, much the same as it was during
the public comment period that ended Oct. 4. KOMO's Ken Schram is not
pleased with Nickels, either. I wrote about public reaction here, and
was not surprised that Bob Scales, senior policy analyst for the
city's Office of Policy and Management, somewhat dismissed the huge
negative reaction in a remark to SeattlePostGlobe.org because "65% of
the comments were from outside Seattle." … So what? Don't people from
outside Seattle have a voice? After all, many of them may work in the
city, many more may visit and will be directly affected, especially if
they come to participate in, or watch, athletic events at these park
facilities, or simply enjoy a day in the park… (Like Nevada, which
maintains very restrictive policies for recognition for out-of-state
carry permits, despite massive drops in tourist-related gaming
revenue, perhaps Nickels would rather that lawfully armed tourists
spend their money outside Seattle.)
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m10d15-Nickels-makes-gun-ban-official-and-the-public-reacts
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Florida School Board May Buck State Law: Parents, school employees and
visitors could soon be banned from having concealed weapons in their
cars on any Georgetown County School District property under a
proposal before the school board. The policy revisions are in response
to a state law enacted in June that created an exception to the
state's prohibition of weapons on school grounds. That law allows
people with concealed weapons permits to have a gun in their car on
school grounds. The weapon must remain inside a locked or attended
motor vehicle in a secure compartment or trunk. The intent of the
state bill was to make sure parents and school staffers were not
penalized for having weapons in their cars… The school board will vote
Oct. 20 on whether to prohibit concealed weapons for visitors and
district employees anywhere on school property. The school board voted
Tuesday to prohibit students from possessing or using concealed
weapons on school grounds. To have a concealed weapons permit, you
must be 21 years old…
http://www.thesunnews.com/142/story/1110205.html?
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Texas Mayor Gets RKBA Lesson: Maybe Hurst Mayor Richard Ward should
have known better. The truth is, even I didn't predict what has
happened to him since the Star-Telegram published Ward's Sept. 28
guest commentary. Maybe we've both learned a lesson about the people
who live around us. Ward called a couple of weeks ago to tell me that
he'd been deluged with calls and e-mails from members of the National
Rifle Association complaining about his membership in the Mayors
Against Illegal Guns coalition. The coalition says about 400 mayors
nationwide are members. The callers accused Ward of trying to take
away their guns. He wanted to write a commentary explaining that he
does not. Maybe a published explanation would get some people off his
back, he reasoned. That's not what happened. Maybe he should have
expected as much, given the passion on both sides of the gun-control
debate… (Part of free speech is the right to "petition" officials
while they are still in office; there is no requirement to remain
silent until election time.)
http://www.star-telegram.com/242/story/1689114.html
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New Hampshire Cops Admonished on Misuse of NICS: The New Hampshire
Department of Safety has ordered law enforcement agencies to end the
practice of running background checks before returning confiscated
firearms to their owners. In a memo sent on Sept. 28, New Hampshire
Department of Safety Assistant Commissioner Earl Sweeney reminded law
enforcement officials throughout the state that the National Instant
Criminal Background Check System, known as NICS, can be used only by
federally licensed gun manufacturers, importers and dealers. If the
NICS is being used by police or court officers to run background
checks before returning confiscated guns, Sweeney wrote, they should
stop… The order is in response to a complaint filed with the New
Hampshire Department of Safety by Concord attorney Evan F. Nappen.
Nappen, who specializes in New Hampshire weapons law, contacted the
state in April after the Manchester Police Department ran an NICS
check on one of his clients. Nappen said he discovered soon after that
background checks were also being run at some of New Hampshire's
superior courts…
http://www.unionleader.com/article.aspx?headline=No+more+checks+on+seized+firearms&articleId=e0d5f6f8-a962-4c05-83c2-c768a752928f
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What about CWP Processing?: … At the [AZ] Department of Public Safety,
director Roger Vanderpool said the best-case scenario of having to
absorb a 15 percent cut would result in eliminating 359 positions -
one out of every five workers - a move he said would "return DPS to a
staffing level not seen since 1999.'' And he said the worst-case
scenario would eliminate 570 law enforcement positions, the equivalent
of the entire city of Tempe police department. Vanderpool also said
even some of the less drastic options will have an effect. For
example, he said if DPS eliminates all overtime, there will be 3,834
fewer traffic citations issue and 56 fewer stolen vehicles will be
recovered. And Vanderpool said officers will seize 1,747 fewer pounds
of marijuana… Very early in his tenure, Vanderpool eliminated sworn
personnel from the CWP Unit and eliminated training for the state's
CWP instructors, most of which was conducted by volunteer attorneys.
I'm sure he will not place much priority on getting CWP applications
processed promptly.)
http://www.azstarnet.com/sn/hourlyupdate/313523.php
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Oops, Wrong House, Louisiana Version: A would-be robber is recovering
from gunshot wounds as Caddo sheriff's deputies work to determine who,
if anyone, helped him during a home invasion early Thursday. Dion
Lewis, 30, was shot by the owner of a home in the 1100 block of Oak
Grove Lane in south Caddo when Lewis broke the dwelling about 3 a.m.,
Caddo Sheriff Steve Prator said. The homeowner, one of three people
asleep inside, "was awakened by someone kicking in the front door of
his house," the sheriff said. "He armed himself with a handgun. And
when the suspect appeared at his bedroom door, the homeowner opened
fire several times." Deputies say Lewis fled and, about 30 minutes
later, showed up at Willis-Knighton Pierremont with wounds to both
legs. He later was transferred to LSU Hospital in Shreveport, where he
remained later Thursday… (Note the wounds to the legs. Many people
have a tendency to jerk or push their shots low.)
http://www.shreveporttimes.com/article/20091016/NEWS03/910160347/Homeowner-shoots-intruder
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Oops, Wrong House, Nevada Version: An intruder was shot dead by a
resident in a northwest valley home Thursday night. Las Vegas police
said four men broke into a house at 3025 Red Bay Way, near Cheyenne
Avenue and Buffalo Drive, about 9:30 p.m. One of the four intruders
was shot and killed. The other three fled the scene. Nobody else was
injured, according to police, who gave no motive for the break-in.
http://www.lvrj.com/news/intruder-fatally-shot-at-lv-home-64478517.html
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Further Details on Florida Shooting: Tired from a long day at work,
brothers Anthony and Peter Julien arrived home Tuesday night to find a
bedroom light on and two bicycles in front of their Pine Hills home.
Anthony Julien went inside through the garage, a 9mm gun in his hand.
One intruder was in Julien's bedroom to the right. Another man was
pointing a gun at him from the dining room on the left. Julien dropped
to one knee, knowing it was the stranger or him. "When I saw he had a
gun in his hand, I bent down and, 'pow,' I shot him right here,"
Julien said. Both brothers opened fire. One intruder was killed, and a
second was wounded. The Orange-Osceola State Attorney's Office will
decide whether charges should be filed against Anthony Julien, 50, or
his brother, Peter, 57. Under the state's Castle Doctrine, however,
residents can legally use deadly force to protect themselves against
intruders… (All's well that ends well but many of us who were
influenced by Jim Cirillo counsel against using kneeling or prone
positions without cover because, as noted earlier, poor shooters tend
to jerk or push their shots low. Thus, going low, without cover, may
actually put more vital organs in the path of the assailant's bullet.)
http://www.orlandosentinel.com/news/local/breakingnews/orl-bk-burglary-shooting-death-101509,0,3040052.story
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A Handy Review and Reference: This Powerpoint document, for Michigan
police officers, reviews applicable law, including several court
decisions, regarding dealing with citizens who choose to carry
firearms openly. This instructional guide of what powers officers have
and lack to stop, detain and search citizens is a valuable review for
anyone who carries or transports firearms, openly or otherwise..
http://tinyurl.com/yzgc4e7