Monday, December 14, 2009

12-12-09

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

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Response to McDonald Commentary: In today's Washington Times, Ken Klukowski and Ken Blackwell co-authored an op-ed about McDonald v. Chicago and the Privileges or Immunities Clause titled, "A gun case or Pandora's box?"… Going beyond the title, there are several errors in the piece,  which I will briefly recap… Next, the Kens describe the Privileges or Immunities Clause as a general license for courts to strike down any law they do not like. This is not accurate. Neither the Privileges or Immunities Clause nor any other part of the Fourteenth Amendment empowers judges to impose their policy views. Instead, "privileges or immunities" was a term of art in 1868 (the year the Fourteenth Amendment was ratified) referring to a specific set of common law, pre-existing rights, including the right to keep and bear arms. The Privileges or Immunities Clause is thus no more a blank check for judges to impose their will than the Due Process Clause - the exact vehicle the Kens would use to "incorporate" the Second Amendment…

http://www.cato-at-liberty.org/2009/12/11/sealing-pandoras-box/
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McDonald Decision May Help Illinois CCW Effort: State Sen. Dale Risinger is waiting to see what the outcome will be on an U.S. Supreme Court ruling on the city of Chicago's handgun ban before proposing a concealed-carry measure for the city of Peoria. Risinger, R-Peoria, said Monday he would sponsor legislation in the Illinois Senate to have Peoria serve as a pilot city for a statewide concealed-carry law. The concept was pushed last year by Mayor Jim Ardis and is included as one of the city's legislative initiatives going into the General Assembly's spring session. A vote on the city's legislative initiative list was postponed Tuesday with council members opting to discuss the entire list a later date. Risinger said a ruling from the nation's highest court should be out in March on whether Chicago's citywide ban on guns is legal. If the court overrules Chicago's gun ban, it could lead to legal challenges for less-restrictive laws across the country that limit who can own guns…

http://www.pjstar.com/news/x115698368/Peorias-concealed-carry-concept-may-have-found-Senate-sponsor
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Amendment Would Protect Ammo Supply: The National Shooting Sports Foundation has notified members that, as demand for ammunition continues to outpace supply, "it is critically important that an amendment authored by Rep. Sam Graves (R-Mo.) to a seemingly obscure hazardous material bill (HR 4016) be attached to the legislation during consideration on the House floor." The NSSF notes that the amendment being pushed by Graves will help protect the shipment of materials necessary for the manufacturing of ammunition, and warns that without the Graves Amendment, the rate of production will slip, perhaps precipitously. In turn, decreased production of ammunition will lead to decreased availability. This will lead to an increase in ammunition prices directly affecting consumers. Floor action on the bill is anticipated within the next three weeks. Rep. James Oberstar (D-Minn.), chairman of the Transportation and Infrastructure Committee, intends to bring HR 4016 to the floor prior to the end of the session. NSSF is encouraging all hunters and sportsmen to contact Rep. Oberstar and urge him to support the Graves Amendment. He can be reached at 202-225-6211.

http://www.buckeyefirearms.org/node/7018
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RKBA Has Expanded in Most States: … The AP compiled the data on new laws from groups ranging from the Legal Community Against Violence, which advocates gun control, to the NRA. Public attitudes toward gun control have shifted strongly over the past 50 years, according to Gallup polling. In 1959, 60 percent of respondents said they favored a ban on handguns except for "police and other authorized persons." Gallup's most recent annual crime survey in October found 71 percent opposed such a ban. The NRA boasts that almost all states grant handgun permits to people with clean criminal and psychological records. In 1987, only 10 states did. Only Wisconsin, Illinois and the District of Columbia now prohibit the practice entirely… While some states have tightened gun laws during the same period, the list of new restrictive laws is much shorter. In 2009 alone, more than three times as many laws were passed to make it easier on gun owners…

http://www.washingtontimes.com/news/2009/dec/11/gun-laws-loosening-across-much-us/
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New Jersey May Clean Up One-Gun-a-Month Law: …Since the introduction of "one-gun-a-month" legislation, we have argued that the bill was poorly drafted, ill conceived and relied upon the false premise that law-abiding New Jersey gun owners are the cause of crime. The truth of the matter is that New Jersey residents are already some of the most heavily regulated in the nation and New Jersey's "one-gun-a-month" law simply heaps additional complications on an already overly burdensome process. Prospective gun owners in New Jersey already have to apply for a Firearms ID card, which includes a background check, fingerprints, photographs and references. In addition to possessing a Firearms ID Card, those wishing to purchase a handgun must obtain a Permit to Purchase from local police for each handgun purchase, which may take as long as 12 to 14 weeks…

http://www.opposingviews.com/articles/opinion-new-jersey-passes-three-gun-rights-bills-r-1260571439
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Prohibitionists Play on Fear: I won't say that in gun rights, the only thing to fear is fear itself, but fear is among the most effective weapons in the forcible citizen disarmament advocates' arsenal.  Those who support more and more oppressive regulation of guns always couch their message as an appeal for urgent action that must be taken quickly, in order to prevent an armageddon of "gun violence." …The latest "emergency" is the fanciful "terror gap" - a concept that calls for a dramatic expansion of the "prohibited purchaser" list, allowing the Attorney General to block any gun sale on a whim, simply by designating the prospective purchaser a "suspected terrorist." In an attempt to show broad-based support for their "common sense gun laws," Bloomberg's Mayors Against Illegal Guns conducted a survey, which supposedly shows that NRA members are actually quite on board with the forcible citizen disarmament agenda, and NRA leadership is betraying members by being so intransigent…

http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2009m12d11-Antigunners-rachet-up-the-politics-of-fear

Our Side's Poll:

http://www.gunnewsdaily.com/index.php/article-archives/219-our-latest-poll-do-you-mirror-the-luntz-poll
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Other than That, the Report Was Accurate: Some facts about the gun used in Thursday's Times Square shooting:
  • The MAC-10 is a handheld submachine gun that weighs about 6 pounds, can hold 30 bullets in its magazine and fire more than 1,000 rounds a minute.
  • It was developed by Gordon Ingram in 1964 and was used by Special Forces in Vietnam.
  • It's a favorite of street gangs and movie stars. John Wayne carried one in "McQ," and so did Bruce Willis in "Pulp Fiction."
  • The model Raymond Martinez was carrying Thursday was a semi-automatic variation called the Masterpiece Arms 9-mm. MAC-10, which had a closed bolt that improves accuracy.
  • It was reported stolen on Oct. 28 from a car in Richmond, Va.
(For starters, having the extremely high cyclic rate of at least 1,000 rounds per minute, which actually makes the MAC submachine guns extremely difficult to handle, does not equate to firing 1,000 rounds per minute because the gun uses 30-round magazines, which get depleted rather quickly at that rate. More importantly, the cyclic rate of the original full-auto version has no bearing whatever on its semi-automatic clones. In point of fact, the model in question fired two rounds, then jammed [http://www.telegraph.co.uk/news/worldnews/northamerica/usa/6783542/New-York-police-shoot-dead-con-artist-scamming-tourists.html]. Other than that… typical yellow journalism from the Daily News.)

http://www.nydailynews.com/news/ny_crime/2009/12/10/2009-12-10_the_mac10_the_gun_used_in_time_square_shooting.html

The "Virginia Connection" Gets Publicized:

http://www.foxnews.com/story/0,2933,580095,00.html?test=latestnews

Related Commentary:

http://www.examiner.com/x-2698-Charlotte-Gun-Rights-Examiner~y2009m12d11-Media-propagandizes-Times-Square-shooting?cid=exrss-Charlotte-Gun-Rights-Examiner

Officer Fired One-Handed: …On Thursday, the city marveled at the instinctive response of another officer, Sgt. Christopher Newsom, who shot and killed a man who faced him with a gun in Times Square. Sergeant Newsom, a 17-year veteran of the Police Department, fired with his gun in his right hand, while at the same time, in a move that surprised some law enforcement experts, he draped his left hand across his chest, apparently to protect his heart. It is called "one-hand unsupported," and it is something of a throwback. The stance, immortalized by the cartoon thug in the paper target that police officers shoot at, was more popular in the days before police officers routinely wore bullet-resistant vests, several former trainers said. "It's a stance cops used to take at the range," said Philip J. Messina, a former police trainer. "The logic was, by holding your arm over your chest, the bullet would have less of a chance of penetrating." He added, "There are still old-timers who go into that stance." … (I repeatedly point out that when people react to unexpected threats, particularly at close range, they are likely to shoot one-handed, regardless of how they have been trained. Training only in two-handed shooting may improve "qualification" scores but is not meeting the demands of the street. While covering the heart with the hand is likely to provide much protection, tensing that hand, whether straight or in a fist, is likely to enhance the grip on the gun. Such tension will generally get the non-gun hand somewhere in front to the chest.)

http://www.nytimes.com/2009/12/12/nyregion/12shoot.html?_r=1&ref=nyregion
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A Look at the Cerberus Freedom Group: … Here are some nuggets about Freedom Group:
Largest unit: Remington Arms Company. In April 2007, Cerberus bought the nearly 200 year-old rifle manufacturer for $118 million and assumed $252 million in debt. Remington sells guns and ammo for hunters, police and the military, including classic shotguns and state-of-the art sniper weapon systems. Remington was bought by the Dupont Corp. during the Great Depression and later by Clayton, Dubilier & Rice, a private equity firm, which sold the company to Cerberus.

Cerberus Fan: "One positive aspect to Cerberus' involvement in the gun industry is that the huge political clout Cerberus commands as the "rescuer" of Chrysler Corp. (which Cerberus also acquired) should undermine efforts to ban AR-platform rifles,'' wrote the Accurate Shooter.com in December 2007. "Cerberus is big enough to make waves in Washington. Money talks in politics and Cerberus has lots of it." …
http://blogs.wsj.com/deals/2009/10/19/a-dossier-on-cerberuss-freedom-group/
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Kimber Seeks Funds for Plant Expansion: A state agency proposes giving a $700,000 economic development grant to a weapons manufacturer that recently expanded in Yonkers and Greenburgh. Kimber Manufacturing wants the grant to pay for a portion of its acquisition, renovation and equipment costs related to a $10.8 million expansion completed in September. The company accepted a grant offer from the Empire State Development Corp. in 2007 on the premise that it would expand its operations in New York and create or preserve jobs. Kimber makes more than 100 types of pistols and rifles for the consumer market, law enforcement and the Marines Corps, among other clients. The state agency offered the grant to Kimber because manufacturing is the most wealth-creating sector of the state economy outside of New York City, according to the agency's project plan…

http://www.lohud.com/apps/pbcs.dll/article?AID=2009912110325
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Georgia to Weigh Campus Carry: …Monday, UGA Police Chief Jimmy Williamson was asked his opinion of HB 615, which would permit licensed Georgians to carry on campus.  His comments were published in an article in the Red and Black by Jacob Demmitt.  As an initial matter, Chief Williamson recognized that the criminals are carrying in the school zone "no matter what."   This leaves us with the question of who obeys the law, and the answer is - college students and employees who are the criminals' victims. Chief Williamson did take the refreshing view that his job is to enforce the law, not make it.  "As police chief, I don't take a position on what the law should be." Somebody needs to pass that advice on to the rabidly anti-gun organization, Georgia Association of Chiefs of Police, which lobbies against every piece of legislation that would attempt to enforce the right to bear arms for law abiding Georgians, including opposing last session's HB 89…

http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2009m12d10-UGA-Police-Chief-comments-on-repealing-college-gun-ban?cid=exrss-Atlanta-Gun-Rights-Examiner
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Restaurant-Carry Hearing Delayed in Ohio: The December 15 hearing has been canceled. We will provide updates when another hearing is scheduled… HB203 would allow persons with a concealed handgun license to carry their firearms into any restaurant providing they are not, and do not become intoxicated. The bill is sponsored by Representatives Danny Bubp (R-88) and Jarrod Martin (R-70). Ohio license holders have proven themselves to be responsible in the five plus years of concealed carry in Ohio, and decades more beyond our borders. There is no compelling reason to deny someone the right to carry a firearm based on what the person at the next table might be drinking. Ohio's restriction on carrying in restaurants is more strict than any of our surrounding states and most of the country. Our laws need to be amended. Currently it is a felony for license holders to carry a firearms into a restaurant if it has a license to sell alcohol for consumption on the premises, even if the license holder never drinks. That makes about as much sense as prohibiting persons from carrying car keys into the restaurant because the guy at the next table is having a beer with his burger…

http://www.buckeyefirearms.org/node/7021
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Armed Teacher Saves Life: Criminal justice instructor Michael Minto was leaving the Kaplan Career Institute in Swatara Township [PA] on Monday night when he spotted a man being stabbed, police said. Minto pulled his gun and ordered the attacker to drop his knife, police said. The attacker fled, and authorities said Minto's actions likely saved the life of Dillon Mitchell, 30, of Harrisburg.   If Minto had not intervened, "We might be talking about someone who died," said Deputy Swatara Township Police Chief Jason D. Umberger. "There are not many citizens out there that would have the courage to take that action." …Umberger said Mitchell left the 5650 Derry St. school around 10:30 p.m. with Ayanna Carter, who is Forde's wife. Forde approached them and an argument started, leading to the stabbing, Umberger said… (The article offers too few details about the relationship between Mitchell and Carter but if it was more than a casual friendship, there is a lesson to be learned about fooling around with married women.)

http://www.pennlive.com/midstate/index.ssf/2009/12/kaplan_career_institute_teache.html
http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2009m12d11-Armed-teacher-stops-murder-in-progress
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Oops, Wrong Tire Shop: A would-be robber is shot to death by a tire store owner in north Houston, and officers are searching for three suspects who got away. The shooting took place after 8 p.m. Wednesday at the 11100 block of Bauman Road. Police say four men tried to stage a robbery at the El Mante Tire Shop at the 11000 block of Bauman Road at approximately 8:30 p.m. Wednesday. The store owner, who has a license to carry a concealed handgun, drew his weapon and started shooting. One robbery suspect died in the shop, but three others escaped in a black Mercury Mountaineer with chrome rims. They were also able to steal some property, but police would not say what was stolen…

http://www.myfoxhouston.com/dpp/news/local/091210-robbery-suspect-fatal-shooting
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Oops. Wrong Jewelry Store: A Nassau County [NY] jewelry store owner was shot in the torso as he faced three would-be robbers and, amazingly, was able to detain one suspect until police arrived. At 7:11 p.m., three suspects - a woman and two men - attempted to rob Papandrew Jewelers, located at 11 Sunrise Highway at Franklin Avenue in Valley Stream. One man, Edward Hamilton, 24, of Brooklyn, produced a handgun and the store owner retrieved his own gun from behind a display case, according to police. The two exchanged gunfire when Hamilton jumped over the display case. The store owner sustained a gunshot in the torso. Hamilton and Gloria Cortes, 20, of Brooklyn, who was posing as a customer, fled the store. The injured store owner was remarkably able to roll onto the third robber - Bryan Kenner, 28, of South Ozone Park, and hold him until police arrived at the scene… (I have to wonder if the jeweler might have been able to get off the first shot if he had been wearing the gun on his person. This assumes that he had a handgun, which requires a specific permit in New York, and not a long gun.)

http://www.wpix.com/news/local/wpix-jewelry-store-owner-shot,0,5656109.story
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O Canada: Jeremy Bell bought a Lego replica of a semi-automatic pistol and assembled it, yesterday, in the back office of teehan+lax, a downtown user-experience design firm, where he's a partner. An hour later, he was up against the stairwell wall, being frisked by police on suspicion of weapons possession. Admittedly, the gun, purchased from BrickGun, an online retailer that specializes in Lego replicas of firearms, looked pretty realistic. Bell thinks someone living in one of the apartments with windows facing teehan+lax's building, at 460 Richmond Street West, might have called in the tip after seeing him wave around the suspicious chunk of plastic from a distance. "I understand why," he said. "It looks legit. You see a guy in an office with the door closed, putting something together, it looks like a gun. I get it." Constable Tony Vella of the Toronto Police Service later confirmed to CTV that this was precisely the case. "We have to take all the gun calls seriously because we don't know what we're getting involved in," he told them…

http://torontoist.com/2009/12/downtown_digital_design_firms_offices_invaded_by_police_over_a_lego_gun.php
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Video Worth Watching: Posted under the title "Why Switzerland Has the Lowest Crime Rate in the World," this video actually speaks more powerfully to the larger political reason for an armed citizenry. I have no idea who told the opening narrator that the SIG 550 assault rifle (yes, it's a true assault rifle, in the military definition) is "designed to destroy anything within its 400 meter trajectory." That's a pretty tall order for a bullet from a 5.56x45mm (.223) cartridge.

http://www.youtube.com/watch?v=6nf1OgV449g
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NRA-ILA Alerts: List members are encouraged to check the alerts for the week, posted on the NRA-ILA website.

http://www.nraila.org/GrassrootsAlerts/read.aspx




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