Saturday, June 6, 2009

06-06-09

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


The Beat Goes On: The recession has hit a lot of people hard with job layoffs and home foreclosures across the country, but times are good in West Texas for sales of guns and ammunition… Prices have gone up and, in the case of ammunition, shortages are occurring, say people in law enforcement and firearm sales. "At first we thought it was the increase in the prices of metal," Hicks said. "A bullet is made of brass, copper and lead. Those are heavy metals, too, and costlier to ship when fuel prices were high. Now we know it is supply and demand forcing prices to go up." The election of President Barack Obama and a Democrat-controlled Congress triggered that boom in demand for firearms and ammo, said Daryl Presley, another Outdoorsman salesman. "It has nothing to do with hunting or sport. It has to do with rights. They keep nibbling at the rights. A lot of the concern is the termite effect, or how does a man eat an elephant? One bite at a time," he said…

http://www.gosanangelo.com/news/2009/jun/05/sales-of-guns-shoot-skyward/

At the National Rifle Association's 138th annual convention, held this year in Phoenix, Arizona, 65,000 people poured through the doors. They admired the fancy firearms, snacked on grilled buffalo and were happily recruited by shooting associations. Tom Power, of the Texas Gun Collectors Association, says membership has been soaring since Barack Obama took office. Bill Bachenberg, the owner of a shooting range near Allentown, Pennsylvania, has been registering 400 new members a month. "American gun-owners don't trust this administration," he says… Concealed-weapon permits are up, too. Ohio, Kentucky, North Carolina and Montana all report a rise in licences issued; Ohio saw a 139% increase in the first quarter of this year over last. Meanwhile, classes on gun rules in Phoenix are booked solid for months, ammunition is sold out, and gunmakers and dealers alike are scrambling to keep up with demand… (It's great to see that people are joining RKBA organization and getting training, not just buying firearms and ammunition. Of note, the NRA denied a table at the convention to the Arizona Citizens Defense League.)

http://www.economist.com/world/unitedstates/displaystory.cfm?story_id=13788623

As I first wrote about almost a month ago (High rate of Concealed Handgun License issuance in Ohio continues) and again last week (CHL issuance continues strong trend with 139% increase), the increase in sales of firearms being reported from all over the country is being accompanied by a similar increase in the number of people carrying those firearms for self defense. An amusing factoid I noted in that first article is that the number of Ohio CHL holders outnumbers Canada's military by 2 to 1! A very detailed article on Ohio.com looks at the issue to try to determine the causes. Dan Clevenger, a former Fairlawn Police officer and current concealed carry instructor put forth that: "    [People] are afraid they are going to have their guns taken away or there will be a change in laws that make it more difficult to get guns and ammunition, and a change in Ohio about the concealed carry weapon laws." … (I view the biggest potential threat to state CCW laws as federal legislation mandating nationwide recognition. Such a law could eventually be amended, establishing federal guidelines for issuance.)

SIG SAUER, the leading manufacturer of military, law enforcement, government agency and commercial firearms, will resume shipping all standard commercial pistols with two magazines. SIG SAUER suppliers increased production to meet the heightened consumer demand, thus allowing SIG SAUER to resume shipping two magazines with every commercial handgun. Previously, SIG SAUER had announced effective March 20, 2009, that all standard commercial pistols would ship with a single magazine. Models that included more than two magazines were not affected. Shipments to distributors and dealers with the two magazines in each pistol will commence immediately.

http://www.ammoland.com/2009/06/05/sig-sauer-shipping-2-magazines/
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NRA v.Chicago Summarized: The National Rifle Association and Chicago long have been the biggest and toughest guys on the block in the fight over handguns. After the U.S. Supreme Court struck down the District of Columbia's handgun ban last year, communities around the country revoked their handgun bans -  but not Chicago. When a federal appellate court this week upheld Chicago's ban, saying Second Amendment protections for gun owners apply only to federal laws, the NRA immediately appealed to the Supreme Court. "I've always thought that the one that would fight the longest and hardest and the one that would be the candidate for the Supreme Court would be Chicago," said Todd Vandermyde, a lobbyist with the National Rifle Association in Illinois…

http://www.chicagotribune.com/news/chi-ap-il-supremecourt-gunr,0,7643854.story

…The issue raises the question of whether the Bill of Rights applies to state and local governments. Lawyers challenging gun restrictions and legal scholars contend that they do, through the due-process clause of the 14th Amendment. And that was the finding of the U.S. Court of Appeals for the 9th Circuit earlier this year. The Supreme Court's 5 to 4 decision last year in the Heller case decided for the first time that the Second Amendment provided an individual right to bear arms. If the 2nd can be said to not apply to the states and local governments, then why should the other rights spelled out in the Bill of Rights apply? … (This states the issue very succinctly. The Founders debated whether there should even be a federal bill of rights. However, once the Supreme Court began the process of incorporating some to Bill of Rights against the states, it's hard to argue that the RKBA does not rate similar protection.)

http://www.postchronicle.com/commentary/article_212235627.shtml
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Ohio AG Intervenes in Cleveland Lawsuit: Buckeye Firearms Association is pleased to report that Ohio Attorney General Richard Cordray's office has filed a Motion to Intervene in a lawsuit filed by Buckeye Firearms Foundation, Inc. against the City of Cleveland. The lawsuit was filed by the Ohio not-for profit foundation, to stop the City of Cleveland from prosecuting law-abiding gun owners under local ordinances that restrict gun ownership and concealed carry (CCW). The lawsuit also asks the Court to declare 20 different local ordinances unconstitutional on the grounds of state preemption of firearm laws, on the grounds that the ordinances are in conflict with R.C. 9.68…

http://www.buckeyefirearms.org/node/6713
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West Virginia Supremes Overturn Murder Conviction: The state Supreme Court of Appeals overturned a Culloden woman's murder conviction Thursday, and set forth new case law regarding self-defense and domestic violence… Harden killed her husband, Danuel L. Harden, on Sept. 5, 2004, at the couple's Culloden home following a night of fighting, threats and abuse. Prosecutors argued Harden killed her husband out of revenge during a cooling-off period. They said she opted to shoot him with a shotgun, instead of escaping their home with him half asleep. In disagreeing, the Supreme Court reversed precedent from two earlier opinions, which prosecutors had relied upon in their case against Harden. Kim Carico defended Harden at trial and described the court's ruling as "a breakthrough," showing that West Virginia is taking a lead in helping victims of domestic violence. The opinion removed the victim's duty to retreat a jointly owned residence, and states prior violence is relevant in determining the person's state of mind when deciding to use deadly force…

http://www.postchronicle.com/commentary/article_212235627.shtml
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Tennessee Legislators Explain Veto Override: Greene County's two state representatives each voted Wednesday to override Gov. Phil Bredesen's veto of a bill that would have banned guns from places that serve alcohol. State Representatives David Hawk, R-5th, of Greeneville, and Eddie Yokley, D-11th, of Greene County, each voted for the override. The veto was also overridden in the state Senate on Thursday, but state Sen. Steve Southerland, R-1st, of Morristown, was absent, on a trip long planned on the assumption that the legislative session would end in May. In a telephone interview this morning Southerland said he voted for the original bill and would have voted to override if needed, "but we had plenty of votes to override the governor's veto." Southerland added, "All we were doing was upholding the Constitution," which he noted "guarantees citizens the right to bear arms." Southerland said guns are already present in bars and restaurants when people who are carrying weapons without a permit bring them in. "This allows law-abiding citizens to carry their guns with them instead of leaving them in the car, where (the gun) may be stolen." …(Those darned conservatives keep trying to muddle the issues with logic. The article errs in saying that the vetoed bill "would have banned guns from places that serve alcohol." With limited exceptions, it does the opposite.)

http://www.greenevillesun.com/story/303967
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South Carolina Expands CWP "Privileges": … The state has long allowed any legal gun owner to keep a firearm locked in their vehicle, in a glove compartment, closed console, closed trunk or secured container in the vehicle. Just not on school grounds. But after Gov. Mark Sanford signed a bill into law this week, CWP holders are now allowed to take guns onto school property. However, guns must remain secured and in the vehicle. And non-CWP holders still are banned from taking firearms onto school property. Sen. Jake Knotts, R-West Columbia, worked on the committee that considered the bill. He said it will not have any effect on gun violence on campuses. "It's not in any way going to increase any type of shootings on campuses," Knotts said. "The people who do the shootings on campus are not law-abiding citizens." …(Those darned conservatives keep trying to muddle the issues with logic.)

http://www.postandcourier.com/news/2009/jun/05/gun_law_sparks_debate_on_safety84965/
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Elderly Couple Welcomes CCW Proposal: I don't know if there's such a thing as a typical supporter of Mayor Jim Ardis' concealed-carry proposal. But my last guess might be Wanda and Ron Swenson, a pair of gray-haired retirees who live in a nice condominium in northwest Peoria. Their dwelling and station in life seem far removed from the gangs, shootings and mayhem that regularly plague certain slices of the city. Still, they feel the creep of crime, so much so they often feel like prisoners in their own home. They'd feel much safer if they could pack a firearm when about town… She doesn't carry one now, but she used to. Wanda, 69, grew up on a farm in Tennessee, where she learned to use a gun from her father and brothers, avid hunters all… (I find it intriguing that both husband and wife appear to be content with .22's for self-defense. Peoria's mayor has proposed that his city serve as a pilot project to study the effects of licensed CCW in Illinois.)

http://www.pjstar.com/news/x1513472720/Luciano-Concealed-guns-would-help-gun-toting-granny-feel-safer
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California Assembly Resurrects Ammo Bill: After being placed in the suspense file, and everyone thinking it was dead, Assembly Bill 962 is moving through the state legislature again. It passed the state Assembly Wednesday and now moves to the state Senate. How it got this far is a mystery. In case you've forgotten, Los Angeles Assemblyman Kevin DeLeon's bill would… Stop the sale of more than 50 rounds of handgun ammunition per month to individuals… It would license and tax anyone selling handgun ammunition commercially and force these stores to get background checks on anyone selling that ammunition… It would require ammunition sellers to get a thumbprint from anyone buying handgun ammunition, and mandate store owners to keep these records for five years… It would ban all ammunition sales that don't take place face-to-face, effectively banning all mail-order sales… Unfortunately, it's time to call your state Senate members and ask them to jettison this bill once and for all.

http://www.sbsun.com/sports/ci_12526272
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Oops, Wrong Bushes: Police are investigating a shooting where a 27-year-old resident shot a man in the bushes outside his apartment and then fled the scene to turn over the weapon to police. The victim is in critical condition after being struck in the neck, said Ferndale police Lt. William J. Wilson. The shooting occurred at 2 a.m. Wednesday outside an apartment on Nine Mile. The resident, who is employed as a security guard, told police he believed an intruder was breaking into his residence. He said he heard noises outside of his apartment window, retrieved a handgun and looked out of the window where he saw a man standing in the bushes. He told police he felt threatened and fired two shots. One round struck the man in the neck… Wilson said the resident was not arrested and the case is being reviewed to determine whether charges will be brought against the shooter. "Whereas citizens have the right to use deadly force to protect themselves against criminals, the circumstance where the use of such methods is legally justified are limited. There are questions as to whether such justifications existed in this case," Wilson said.

http://www.detnews.com/article/20090604/METRO02/906040464/1361/Fearing-break-in--Ferndale-resident-admits-shooting-man--police-say
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Details Emerge in Arizona Shooting: A security guard charged with attempted murder for a shooting during a convenience store shoplifting incident was justified in his actions if he felt someone's life was in danger, a Pima County Sheriff's Department official said Friday. "Security guards fall into the same category as any citizen; if your life is threatened or someone else's life is threatened with deadly force you can deploy deadly force," Lt. Mike O'Connor said. A court document filed by the attorney for 19-year-old Joshua Kosatschenko said Kosatschenko fired at the driver of a Ford Crown Victoria because fellow security guard Nicholas Kagas had fallen to the ground with his feet under the car after trying to detain one of the men who had fled the store. Kagas was unable to get away because one of the men in the car was holding his arm, attorney Brad Roach wrote…

http://www.azstarnet.com/metro/295981
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Hey Folks, Listen Up: It's the year 2000 all over again for gun rights advocates, who've been passing around an old email rumor warning of a bill in Congress ("SB-2099") that would require gun owners to declare all firearms on their income tax forms and pay $50 per gun to the federal government. The rumor "wasn't even very accurate when it was new," says an informational alert posted on the NRA's website last Friday. "There actually was a U.S. Senate bill with that number that would have taxed handguns - nine years ago," the alert continues. "It was introduced by anti-gun Sen. Jack Reed (D-R.I.), and it would have included handguns under the National Firearms Act's tax and registration scheme." I told ya so... in 2000! (I do a pretty good job of keeping you posted on the real issues. When these things start making the e-mail rounds, you don't really need to forward them to me to ask if they're for real.)

http://urbanlegends.about.com/b/2009/06/03/nra-rumor-of-gun-tax-legislation-an-old-distraction.htm
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