Thursday, December 3, 2009

12-03-09

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


From GOA: …As the Senate begins debate on socialized health care this
week, the White House is pulling out all the stops to get it passed,
including an attack on Gun Owners of America and the Second Amendment.
Please contact your Senators and warn them that a vote in favor of
socialized health care will be considered a vote against the Second
Amendment.  [A pre-written letter is provided below.] Last week, as
Americans were getting ready to celebrate Thanksgiving, Obama's spin
doctors were still in full combat mode, taking shots at Gun Owners of
America. On the official White House blog, deputy communications
director Dan Pfeiffer denied that the health care bill would affect
gun owners. After all, he writes, "there is no mention [of]
'gun-related health data' or anything like it anywhere in either the
Senate or the House bills." Well, unlike so many in Congress, GOA
attorneys have actually read the bills, something they have been doing
since before Mr. Pfeiffer was born. So, how would ObamaCare attack gun
rights? … (The link will generate your choice of a letter or an e-mail
to your senators.)

http://capwiz.com/gunowners/issues/alert/?alertid=14421761
---

McDonald, Slaughterhouse and the Fourteenth Amendment: …The 14th
Amendment was passed in the historical context of Reconstruction, when
many southern governments were violating the rights of newly freed
blacks. As many of the briefs in McDonald detail quite convincingly,
one of the rights that was almost universally understood to fall under
14th Amendment protection (or to use the lingo, one of the rights
meant to be "incorporated" on the states via the 14th) was the Second
Amendment right to keep and bear arms… Since, as Gura wrote in the
brief, "In 1868, the 'privileges' and 'immunities' of American
citizenship were popularly understood to include a broad array of
pre-existent natural rights believed secured by all free governments,
as well as the personal rights memorialized in the Bill of Rights,"
some right-leaning legal scholars and organizations that want to
vindicate the Second Amendment are afraid of a Court emboldened via
the Privileges or Immunities Clause to do some serious thinking - and
acting - on the basis of such a "broad array of pre-existent natural
rights." …If McDonald is won without the death of Slaughterhouse, it
will still be a cheering victory for a core constitutional right. But
if Gura wins the way he wants to win, he will have succeeded in
creating a constitutional revolution of sorts, one with both promise
and peril for keeping government power within prescribed limits…

http://reason.com/archives/2009/12/02/killing-slaughterhouse
---

Lautenberg Continues Battle against the RKBA: Yesterday, United States
Senator Frank Lautenberg (D-NJ) announced the introduction of (cue
cheesy acronym) the "PROTECT Act." "PROTECT" stands for "Preserving
Records of Terrorist & Criminal Transactions."  Sen. Frank R.
Lautenberg (D-NJ) today introduced the PROTECT Act, legislation to
preserve records of gun sales for longer periods of time to aid law
enforcement officials in preventing gun crimes and terrorist acts.
Under current law, the Federal Bureau of Investigation (FBI) must
destroy these records in most cases within 24 hours of allowing a gun
sale to proceed." Interesting, isn't it, that Lautenberg's own press
release describes the proposed legislation's purpose as being "to
preserve records of gun sales for longer periods of time . . . "--but
the title of the bill refers only to "terrorist and criminal
transactions"?  That's pretty clear testimony to what Sen. Lautenberg
thinks of gun buyers.  Granted, "PROGS (Preserving Records of Gun
Sales)" isn't nearly as catchy an acronym, but that's probably not a
criterion to which much importance should be attached…

http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2009m12d2-Senator-Frank-Lautenbergs-continued-assault-on-gun-ownership
http://www.examiner.com/x-28973-Essex-County-Conservative-Examiner~y2009m12d2-Senator-Lautenberg-introduces-new-guncontrol-measure
http://www.ammoland.com/2009/12/02/lautenberg-introduces-bill-to-build-federal-database-of-gun-sales/
---

Cop-Killer Had Stolen Handgun: Maurice Clemmons, the man authorities
are convinced fatally shot four Lakewood, WA police officers Sunday
morning in a coffee shop in the Parkland area south of Tacoma,
evidently left two handguns at the scene of the crime, one of them (as
predicted here yesterday) checked out to have been stolen in Seattle…
The fact that a stolen handgun was left at the scene came as no
surprise to gun rights advocates who have long known that people like
Maurice Clemmons do not buy guns at retail gun stores, or even at gun
shows, despite what gun prohibitionists repeatedly assert. (The Los
Angeles Times published a particularly offensive editorial about this
case, blaming firearms instead of the felon who pulled the trigger.)
…Court papers say Officer Tina Griswold was also shot in the head, as
was Sgt. Mark Renninger, while Officer Ronnie Owens was shot in the
neck. The fact that all four were wearing soft body armor has no
bearing, contrary to what the Los Angeles Times intimated in its
editorial, as it is clear the shots were intentionally and carefully
delivered at almost point blank range. Only Richards had a chance to
react. As my colleague, John Longenecker notes here, the L.A. Times is
clearly exploiting the Parkland outrage to push its anti-gun agenda…

http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m12d2-Accused-cop-killer-had-surprise-stolen-handgun?cid=exrss-Seattle-Gun-Rights-Examiner

Related Commentary:

http://www.examiner.com/examiner/x-2206-Cleveland-Gun-Rights-Examiner~y2009m12d2-Seattle-cop-slayings-do-not-invalidate-the-idea-of-armed-selfdefense
---

When Britain Welcomed American Guns: Many of us involved in gun rights
advocacy have seen the poster accompanying this column. It was the
terrifying dawn of World War II, and the British, fearing German
invasion, were ill-prepared to defend their nation… We learn about the
American Committee for Defense of British Homes, and some of the
personalities involved. And we learn how the possession of small arms
led Bert "Yank" Levy, a "specialist in guerrilla and irregular
fighting," to "express...the belief that Home Guard defense was why
'Britain can no longer successfully be invaded.'" …Sadly,
outrageously, we learn that when the danger had passed, government
trust in the people went away, and the people for the most part,
obeyed in the "cleansing of firearms." …

http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m12d2-Would-you-still-send-a-gun-to-defend-a-British-home
---

Colorado University Debates Campus Carry: Public-safety experts at
Colorado State University and the school president's cabinet all agree
the campus needs a concealed-weapons ban. CSU student leaders,
however, say packing heat keeps everyone safer. They may move tonight
to try to keep the university one of the few in the country where
concealed weapons are allowed. "I think really it's an issue of if
it's not broken, why fix it," said Matt Strauch, spokesman for the
Associated Students of CSU. The ASCSU student senate tonight is likely
to pass a resolution that asks CSU president Tony Frank to keep
current policy, which adheres to the state's concealed-weapons law. It
allows someone with a concealed-weapons permit to carry a handgun
almost anywhere on campus. Only in residence halls are weapons
forbidden… Currently, 23 states allow public campuses or state systems
to decide their own weapons policies, with nearly all choosing to be
"gun-free," according to the American Association of State Colleges
and Universities. CSU is one of the rare exceptions, deciding in 2003
to follow the state's concealed-weapons law. The ASCSU points out that
concealed weapons have been allowed at Blue Ridge Community College in
Virginia since 1995 and at Michigan State University since June… (Of
note, no one appears to have been able to cite any evidence of abuse
of CSU's current policy.)

http://www.denverpost.com/ci_13905048
http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2009m12d2-Should-we-disarm-Colorado-State-University?cid=exrss-Denver-Gun-Rights-Examiner\
---

Alaska City Dumps Outdated Gun Ban: Palmer city law that blocked
people from carrying guns in city parks and other places was tossed
out last week after a local man pointed out the rule infringed on
people's Second Amendment rights… The outdated law prohibited anyone
other than a peace officer or Alaskan with a permit to carry a
concealed weapon from carrying any weapon, concealed or not, in
government office buildings, courthouses, hospitals, schools, places
where alcohol is sold or served, domestic violence or sexual assault
shelters, city parks, fair grounds and banks. State law says most of
those places are off-limits to guns anyway. The problem, Clark said,
is that Alaska law changed in 2003 to do away with the requirement for
a concealed-carry permit. If you can legally carry a weapon in Alaska,
you can also legally carry a concealed weapon. Also, Clark said, the
Palmer rule restricted carrying weapons at fair grounds, in parks and
in banks. None of those are part of the state law…

http://www.adn.com/news/alaska/matsu/story/1036514.html
---

Missouri City Council Could Drop Gun Ban: If Raymore City Councilman
Jeff Cox gets his wish, he and his colleagues soon will be able to
carry a concealed weapon during meetings. "Everyone in the chamber
will be safer if this passes," Cox said Tuesday of his proposed
ordinance, which would make Raymore one of the first - if not the
first - city in the metro area to allow anyone besides police to carry
a gun into a city hall. One of Cox's colleagues, Charlene Hubach,
hopes that doesn't happen. "I wouldn't feel safer because I doubt any
of you can shoot straight," Hubach told the other council members
during a recent meeting. The proposed ordinance, which has received
preliminary approval and comes up for a final vote Dec. 14, would also
allow citizens to carry guns into city parks and other city-owned
buildings - even City Hall, except during council meetings. Cox, a
lawyer, said the changes would put Raymore in line with what Missouri
law allows by repealing ordinances set in place by Raymore and other
cities after state voters approved conceal and carry… (It sounds as
though the council members should have a field trip to a range, to
show Ms. Hubach that they can shoot straight and to introduce her to
the joys of shooting.)

http://www.kansascity.com/115/story/1605717.html
---

Oops, Wrong Car: A 29-year-old man with a permit to carry a gun shot a
would-be carjacker in the hip in northwest Detroit on Monday night
after he tried to rob the man's girlfriend, police said this morning.
The 24-year-old suspect approached the woman at about 10:30 p.m.
outside a club at Grand River and Woodbine, according to police. When
he demanded her car and her purse, her boyfriend shot him. The
girlfriend, caught in crossfire, was shot in the back but is expected
to survive, Detroit Police spokesman John Roach said this morning. The
carjacking suspect is also expected to survive. (Details are scarce so
these comments are speculative: I know of one case in which a man lost
his wife to a robber's gunshot because the husband assumed that the
robber would turn and run when he saw that the husband was armed. The
husband was standing behind his wife and she caught the bullet
intended for him. The husband had not really been prepared to fire and
only did so after the robber fired the first and fatal shot.)

http://www.freep.com/article/20091201/NEWS01/91201013/1003/news01/Man-defends-girlfriend-shoots-would-be-carjacker
---

Oops, Wrong Convenience Store: A would-be armed robber apparently had
second thoughts when an employee pulled out his shotgun Monday night.
It happened at the Salem & Sons Convenience Store on Sunset Avenue in
Rocky Mount [NC] around 10:20 p.m. Police say employees were inside
cleaning up, and saw a customer at the front door. They let the man
inside, but at the same time another man came in as well and showed a
black handgun in the direction of an employee. That employee
immediately got his shotgun, racked the slide, and pointed it at the
would-be robber. The robber then turned around and slowly left the
store. Nothing was taken in the robbery attempt…

http://www.witn.com/home/headlines/78222452.html
---

Oops, Wrong Liquor Store: The U–Save liquor store on Tulare and Maple
Avenues in Fresno [CA] was open for business the day after a store
clerk turned the table on an armed robber. Police say 29–year–old
Fernando Valencia and another man tried to rob the clerk at gunpoint
Sunday night. Valencia had a semi–automatic gun, and so did the store
clerk. "He had pointed the firearm at the business owner, at some
point in time the business owner became fearful, when he found an
opportunity to shoot the suspect, he did," said Fresno Police Chief
Jerry Dyer. Valencia died inside the store. Valencia has a criminal
history, which includes car–jacking, carrying a concealed weapon, and
stealing vehicles. The deadly confrontation was all caught on
surveillance video. The police chief says the killing looks to be an
act of self defense… And the police chief fully supports business
owners' rights to arm themselves for protection…

http://www.kmph.com/Global/story.asp?S=11595904
---

Rule Five Reminder: Ridley Township [PA] police are looking for a
woman in connection with a violent home invasion Monday night that
easily could have been deadly. "She knocked on my door and I opened
it. And she said she was broke down and could she use my phone."
84-year-old Donald Kaighn let the woman who claimed she had a car
breakdown into his house. Within moments she was spraying him with
lighter fluid and they were wrestling in the kitchen. The World War II
veteran went for one of the many guns he owns. She fled upstairs and
he pursued her, gun in hand. "I had one in my hand, loaded, and ready
for action. She said something like 'stop or I'll shoot.' I
immediately fired the gun." At that point, an all out running gun
battle erupted, bullets flying all over his front bedroom. Kaighn
believes she grabbed 2 guns from drawers in his room to use against
him. He's a gun collector. Eventually he went downstairs to call 911.
By the time police arrived she had vanished with his 2 handguns and
some jewelry. Fingerprinting revealed she jumped out of a 2nd floor
window rather than exchange any more gunfire with Kaighn… (Rule Five:
Maintain control of your firearm. It apparently would not have become
a gunfight if the burglar had not found the homeowner's guns in
unlocked drawers. Oh yeah, don't let people into your home to make
phone calls – offer to make the call for them.)

http://abclocal.go.com/wpvi/story?section=news/crime&id=7147876
---

Suzanna Gratia-Hupp's Book Debuts: A former Texas state representative
from Lampasas and Second Amendment rights enthusiast released her book
Tuesday. Privateer Publications released Suzanna Gratia Hupp's book:
"From Luby's to the Legislature: One Woman's Fight Against Gun
Control," nationwide Tuesday. Hupp is a survivor of the Oct. 16, 1991,
Killeen Luby's massacre. She lost her parents during the act of
violence, which resulted in 21 other deaths. Hupp believes the fate of
that day could have been changed had she had her gun which she had
left in her car. Five years after the massacre, Hupp was elected to
the Texas House of Representatives and served for 12 years,
representing portions of Bell, Coryell and Lampasas counties in
District 54. "The book is autobiographical, but only as my life
relates to guns," Hupp said Monday. It follows Hupp's life through her
early childhood, a time when she was playing cowboys and Indians with
her brother and learning to shoot a BB gun. It also tells of her first
gun purchase, the Luby's massacre, her fight against stricter gun
control and her role as a state representative…

http://www.kdhnews.com/news/story.aspx?s=37525
---

Tangentially Related: Christopher Soghoian, a graduate student at
Indiana University's School of Informatics and Computing, has made
public an audio recording of Sprint/Nextel's Electronic Surveillance
Manager describing how his company has provided GPS location data
about its wireless customers to law enforcement over 8 million times.
That's potentially millions of Sprint/Nextel customers who not only
were probably unaware that their wireless provider even had an
Electronic Surveillance Department, but who certainly did not know
that law enforcement offers could log into a special Sprint Web portal
and, without ever having to demonstrate probable cause to a judge,
gain access to geolocation logs detailing where they've been and where
they are. Through a mix of documents unearthed by Freedom of
Information Act requests and the aforementioned recording, Soghoian
describes how "the government routinely obtains customer records from
ISPs detailing the telephone numbers dialed, text messages, emails and
instant messages sent, web pages browsed, the queries submitted to
search engines, and geolocation data, detailing exactly where an
individual was located at a particular date and time." …

http://arstechnica.com/telecom/news/2009/12/sprint-fed-customer-gps-data-to-leos-over-8-million-times.ars

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