Monday, March 29, 2010

03-29-10

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

By the Way…: In my lengthy comments yesterday about rifle selection, I
neglected to repeat a point I have made earlier. While some people
have beefs with the Stoner AR-15 system, it does offer the advantage
of being modular in that the upper and lower receivers separate with
two push pins. Thus, the gunner who does not wish to spend the money,
say on two rifles of different chamberings, can simply purchase one or
more additional uppers for an AR-15 (a term I use generically, to
include non-Colt clones). In addition to the original .223 chambering,
upper receivers can be purchased in 7.62x39mm, 6.8mm SPC, 6.5mm
Grendel and .450 Bushmaster, to name a few. Further, they can also be
purchased in different "styles," including gas-piston versions, as
well as different barrel lengths. One caveat, however – several years
back, in an apparent effort to placate F Troop, Colt relocated the
hole in the lower receiver for the forward pin on their AR-15's. Most
other manufacturers leave it in the same location as the M16. If you
try to mount someone else's upper receiver on a Colt AR-15 lower
receiver, you may need to use a special adapter pin.
---

Similar Words, Different Tune: In an apparent effort to jumble the
battle lines in the fight over health care reform, Mississippi
Republican Gov. Haley Barbour on Sunday compared the individual
mandate for health insurance to forcing Americans to buy guns. "Not
only you must buy a product called health insurance, you must buy a
product that has been approved by the United States government, and
the price of that product will be fixed by the United States," Barbour
said on ABC's "This Week." "I do not believe the United States
government has a right, it has the authority or power to force us to
purchase health insurance any more than, in the name of homeland
security, they can force every American to have to buy a gun," the
governor said… (On Saturday I linked an article from Salon that argued
that the Militia Act of 1792 set a precedent for a federal mandate to
purchase a product – a firearm for militia duty. Cities and counties
that have passed mandatory firearm-ownership ordinances have usually
exempted those with a religious opposition, as did some early American
colonial and state militia laws. Big Brother's healthcare bill
reportedly has a similar exemption but only for very carefully
selected religions, including Muslims.)

http://www.politico.com/blogs/politicolive/0310/Barbour_health_bill_like_forcing_gun_purchases.html?showall
---

Waco, Jr.?: The FBI said Sunday that agents conducted weekend raids in
Michigan, Indiana and Ohio and arrested at least three people, and a
militia leader in Michigan said the target of at least one of the
raids was a Christian militia group. Federal warrants were sealed, but
a federal law enforcement official speaking on condition of anonymity
said some of those arrested face gun charges and officials are
pursuing other suspects… Michael Lackomar, a spokesman for the
Southeast Michigan Volunteer Militia, said one of his team leaders
got a frantic phone call Saturday evening from members of Hutaree, a
Christian militia group, who said their property in southwest Michigan
was being raided by the Bureau of Alcohol, Tobacco, Firearms and
Explosives. "They said they were under attack by the ATF and wanted a
place to hide," Lackomar said. "My team leader said, 'no thanks.' "
The team leader was cooperating with the FBI on Sunday, Lackomar said.
He said SMVM wasn't affiliated with Hutaree, which states on its Web
site to be "prepared to defend all those who belong to Christ and save
those who aren't." …Lackomar said none of the raids focused on his
group. Lackomar said about eight to 10 members of Hutaree trained with
SMVM twice in the past three years. SMVM holds monthly training
sessions focusing on survival training and shooting practice, Lackomar
said…

http://news.yahoo.com/s/ap/20100328/ap_on_re_us/us_fbi_raids

Nine suspects tied to a Christian militia in the Midwest are charged
with conspiring to kill police officers, then attack a funeral in the
hopes of killing more law enforcement personnel, federal prosecutors
said Monday. U.S. Attorney Barbara McQuade said agents moved on the
group because the Hutaree members were planning a violent
reconaissance mission sometime in April - just a few days away.
Members of the group called Hutaree are charged in the case, including
their leader, David Brian Stone, also known as "Captain Hutaree." Once
other officers gathered for a slain officer's funeral, the group
planned to detonate homemade bombs at the funeral, killing more,
according to newly unsealed court papers…

http://news.yahoo.com/s/ap/20100329/ap_on_go_ca_st_pe/us_fbi_raids;_ylt=AnbaCLYPDU1pV6.47N62uE5H2ocA;_ylu=X3oDMTMxdTBkbjY3BGFzc2V0A2FwLzIwMTAwMzI5L3VzX2ZiaV9yYWlkcwRjY29kZQNtb3N0cG9wdWxhcgRjcG9zAzUEcG9zAzUEc2VjA3luX3RvcF9zdG9yaWVzBHNsawNtaWxpdGlhbWVtYmU-

At least seven people, including some from Michigan, have been
arrested in raids by a FBI-led Joint Terrorism Task Force in Michigan,
Ohio and Indiana as part of an investigation into an Adrian-based
Christian militia group, a person familiar with the matter said. The
suspects are expected to make an initial appearance in U.S. District
Court in Detroit on Monday. On Sunday, a source close to the
investigation in Washington, D.C. confirmed that FBI agents were
conducting activities in Washtenaw and Lenawee counties over the
weekend in connection to Hutaree, a Christian militia group. Detroit
FBI Special Agent Sandra Berchtold told The Detroit News the federal
warrants in the case are under court seal and declined further
comment… (I link these articles with no knowledge of the actual facts
but a memory of the fabrications involved in the Waco raid and an
awareness of the current drive to discredit the resistance to Big
Brother. I do not recall FBI raids on known Muslim training camps in
the US. Wait and see…)

http://detnews.com/article/20100328/METRO/3280313/Seven-arrested-in-FBI-raids-linked-to-Christian-militia-group=#ixzz0ja4zYPMo
---

F Troop to Become Real Cops?: The Bureau of Alcohol, Tobacco, Firearms
and Explosives is getting back to basics and will emphasize its core
mission of combating violent crime, conceding the lead role of
investigating and stopping terrorism to the Federal Bureau of
Investigation, according to an unpublished draft of its new strategic
plan. The draft plan, which covers fiscal 2010 through 2016, will
focus on ten areas including criminal groups and gangs, and illegal
fire arms trafficking, among others. The previous strategic plan -
which covered fiscal 2004 to 2009 - contained a mission statement that
said the bureau's work would seek to "prevent terrorism, reduce
violent crime and to protect the public in a manner that is faithful
to the Constitution and the laws of the United States." But under the
new plan, the ATF is taking on a less prominent role in investigating
terrorism – leaving the issue primarily to the FBI – as it instead
refocuses on combating violent crime… The draft of the plan, in the
final editing stages, lists ten core functions of the bureau. ATF's
strategic leadership team prioritized six of those core functions
under the new plan. Four of the prioritized core functions are mission
activities – criminal groups and gangs; explosives bombs, and
bombings; illegal firearms trafficking; and fire and arson. Two others
are management priorities in the areas of workforce and modernization…
(Get real! F Troop originated as tax collectors – the much despised
"revenooers" – and has been seeking a larger fiefdom ever since. This
draft appears to be an attempt to resolve the urination contests that
develop when F Troop and "the bureau" show up at the same crime
scenes.)

http://www.mainjustice.com/2010/03/28/atfs-new-strategic-plan-focuses-on-violent-crime/
---

Mexican President Repeats 90% Lie – or Is It Reuters?: Powerful groups
in the United States appear to be blocking efforts to stem the flow of
assault weapons fueling Mexico's drug war, Mexican President Felipe
Calderon said in an interview broadcast on Sunday. Calderon, who has
deployed tens of thousands of soldiers and police to fight drug
cartels, told Fareed Zakaria's "GPS" program on CNN that there was
resistance in Washington to Mexico's demands that sales of such
weapons be stopped. "They (U.S. officials) say that they are facing
strong opposition and there is powerful lobbies in the Congress in
order to change that situation," Calderon said in a pre-taped
interview in Mexico City. The Mexican leader added that solving the
cross-border gun trafficking problem was critical to his bid to crack
down on the drug-related violence that has killed 4,600 people in the
past two years. Mexico says 90 percent of the weapons used by drug
gangs are bought in the United States, often legally. Mexican
officials also want to see the U.S. Congress reinstate a ban on the
sale of assault weapons that expired in 2004… (The 90% claim has
repeatedly been shown to be a lie; it is a rounding up of the
percentage of seized firearms that Mexico has asked the US to trace.
Mexico has no reason to ask the US to trace firearms purloined from
its own armories or obviously smuggled in from Central and South
America. The AK-47, in its original military configuration, is the
trademark of the Mexican drug cartels. These are not readily available
in American gun stores and would require NFA paperwork if they were.)

http://www.reuters.com/article/idUSTRE62R13320100328?feedType=RSS&feedName=topNews
---

More Internal Feuding: After seeing an intriguing advertisement by the
United States Concealed Carry Association (USCCA) in the NRA magazine
America's First Freedom, I decided to download some "free" shooting
skills information. That's when I began to wonder about the USCCA's
authenticity. It turned out there were two downloads. The first had
the most basic information on shooting skills. You'll learn them
better by attending NRA's Basic Pistol class. In order to get the
allegedly-good "free" information, you had to join USCCA. Ads like
this enable USCCA to gather emails. No problem. That's the way
internet marketing works: You get a freebie in exchange for personal
information. I didn't think more about it until Tim Schmidt, founder
of USCCA, sent an email recently, advertising more "free" material.
This time, you had to join to get it. This was interesting, but not in
the way USCCA intended… All of this adds up to a suspicion that
Schmidt uses his skills to exploit a market need. A reasonable
capitalist behavior, except when one derives most of the benefit at
others' expense. Then it slips into predation. Your best investment?
Join your state organization and take advanced defensive pistol
training. (I don't recall what it was that led me not to join USCCA
when it was first formed. I had been thinking of giving them a second
look recently, after having forwarded a few of their articles, which
had been posted at Human Events. All of a sudden, I see a groundswell
of complaints about their mass-marketing campaign, which seems to be
mimicking that of the NRA, without the lobbying efforts. All I can say
with confidence is that those who choose to may purchase copies of my
book and travel to Show Low to train with me. My website and mailings
remain available at no charge and I have never failed to answer any
legitimate question asked of me about the defensive use of firearms,
in person, by phone or by e-mail.)

http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2010m3d29-United-States-Concealed-Carry-Association-Web-marketing-experiment
---

Iowa Senate Passes Shall-Issue Bill: Iowa would become a "shall issue"
state and sheriffs would lose much of their discretion in denying
concealed weapons permits under legislation approved by the Senate
Saturday. Senate File 2379, adopted 44-4, would create uniform
standards in all 99 counties for issuing permits to carry a concealed
weapon in public. Under current law, sheriffs can issue or deny
permits. There standards vary with some issuing permits to nearly
everyone who applies and some denying nearly all applications. Nearly
35,000 Iowans have concealed carry permits, according to lawmakers…
The bill is one of four "must-do" bills on the House agenda, Majority
Leader Kevin McCarthy, D-Des Moines, said. Rep. Clel Baudler,
R-Greenfield, who has been working on the issue for 12 years, called
standardization of 99 sets of rules a "fairness issue." …Under the
bill, Iowans who need to carry a gun for their job could get a permit
starting at 18. Otherwise, applicants would have to be 21 to get a
nonprofessional permit. Permits could be denied for alcohol addiction
or probable cause based on documentation of past actions that an
applicant might use a weapon in a way to endanger himself, others or
the public safety. Anyone convicted of misdemeanor assault within the
prior three years could be denied a permit. Several other federal and
state disqualifiers apply… (Iowa's estimated population for 2008 was
3,002,555. If nearly 35,000 Iowans currently hold permits, that's
nearly 1.2%. It's not clear how many of those are "nonprofessional"
permits.)

http://www.qctimes.com/news/state-and-regional/iowa/article_5713d3fc-3a18-11df-966d-001cc4c002e0.html
---

Nebraska Legislators Nix Omaha Registration: Nebraska lawmakers want
to force the city of Omaha to stop requiring those with
concealed-carry gun permits to register their firearms with the city.
On Monday, they passed an amendment that would stop the practice in
Omaha. The approval of the amendment follows an opinion from Attorney
General Jon Bruning's office on Friday that Omaha has been violating
state law by forcing people who have permits to carry concealed guns
to also register their guns.  The formal opinion said Omaha's rule
isn't allowed under a law that bars cities from preventing
concealed-carry permit holders from carrying concealed guns inside
city limits. Background checks, training and fingerprinting are
required to get concealed-carry permits. (I assume this bill awaits
only the governor's signature as Omaha has a unicameral legislature.)

http://www.1011now.com/news/headlines/89415787.html
---

California Open-Carry Event: Vallejo's Washington Park is set to be
the setting of an "open carry" gun rights gathering next weekend. In
what has become an increasingly familiar scene throughout the Bay
Area, between 100 to 150 people will show up Saturday to expose the
general public to gun rights, organizers say. "We're just raising
community awareness and kind of acclimating people to the idea (of
carrying guns)," said Brad Huffman, a Martinez resident who is
organizing the event in Vallejo. Openly carrying guns on a belt
holster is legal in California so long as the firearms remain unloaded
and aren't near schools or government buildings. In the past six
months, gun rights advocates have gathered with their unloaded weapons
everywhere from restaurants in Walnut Creek to coffee shops in
Livermore as a way to show their right to bear arms and help normalize
the idea of gun-toting by law-abiding citizens in California, Huffman
said…

http://www.contracostatimes.com/news/ci_14773993?nclick_check=1
---

While in Montana…: Esther Suhr stood on the Capitol lawn Saturday
afternoon proudly displaying her .54-caliber black-powder rifle. Suhr,
who lives in the Townsend area, said she came to the rally to show her
support for the constitutional right to bear arms. About 200 others
also participated. The event was a precursor to the national Second
Amendment March, which will take place April 19 on the grounds of the
Washington Monument in Washington, D.C. Suhr and her husband, Bill
Waldron, said they are hunters and sport shooters and also carry for
protection. They both also have concealed weapons licenses. Waldron
had in a holster a .500 Smith and Wesson handgun, which he uses for
grizzly bear protection. He said his time overseas in the military
taught him to fight for his rights at home…

http://www.helenair.com/news/article_f64e8ea6-3a33-11df-b5be-001cc4c002e0.html
---

A New Mexico Liberal Defends the RKBA: Because of a Supreme Court
argument, McDonald vs. Chicago, the liberals who defend gun rights are
coming out of the woodwork. The Supreme Court is expected to rule
before June on the case that decides whether or not state and local
ordinances violate the Second Amendment. It should be no surprise that
there are liberals who see gun rights as part and parcel of their
individual rights, and going hand-in-hand with abortion rights, gay
rights and civil rights. Bodily autonomy is important to liberals. The
liberal view is, if a woman looks in her empty pantry and knows
without a doubt that she and her husband cannot feed another child,
the choice is hers because it is her body and her family. Likewise,
what a body does in his own bedroom is his own business. So why
wouldn't any person big on bodily autonomy also support the gun rights
that protect that body and the bodies of his or her family? …

http://www.lcsun-news.com/las_cruces-opinion/ci_14751179
---

Oops, Wrong Apartment: Columbus [OH] police yesterday identified the
victim in a Friday night shooting on the Northeast Side as Charles R.
Sprague, 35, of Columbus. Sprague was shot while trying to break into
an apartment at 5764 Cooper Rd., said detective James Day of the
homicide squad. A man inside the apartment fired shots because he felt
threatened by Sprague, Day said. "It appeared that the victim in this
incident was the aggressor and that the shooter was acting in
self-defense," Day said. "He'd actually tried to force his way into
the apartment at the back door when this occurred." Sprague was shot
outside the apartment, which is in a three-unit building between
Minerva Park and Westerville. He died shortly after 10 p.m. at Mount
Carmel St. Ann's hospital. Sprague was a registered sex offender with
a criminal history that includes a 2006 conviction for gross sexual
imposition. He served a sentence of a year and a half at Madison
Correctional Institution before his release in November 2007. He was
still under the Adult Parole Authority's supervision, state prison
records show. Day said the shooter told investigators that he fought
with Sprague, who was nearly twice his size, and tried to convince him
to leave before firing shots. Detectives released the shooter after
questioning. The case will be sent to the Franklin County grand jury
for review. (The victim was the aggressor?)

http://www.dispatch.com/live/content/local_news/stories/2010/03/28/man-killed-during-break-in-attempt.html?sid=101
---

Oops, Wrong House: Police continued Monday to investigate a deadly
shooting in Perry Hall [MD] and have released the names of the
homeowner and the man who was shot. Marvin Cook Jr., 29, died in the
Sunday morning incident, police said. Officers responded at about 5:45
a.m. Sunday to a home in the 4200 block of Chapel Road. Detectives
discovered that the homeowner, William Bozman Sr., 68, was asleep when
he was awakened by a suspect who entered his bedroom. Cook pointed a
handgun at Bozman and demanded money, police said. Bozman retrieved a
handgun he had nearby and pointed it at Cook, ordering him to drop his
gun, according to police. Cook then advanced toward Bozman, who fired
several shots, police said. Cook was taken to Franklin Square
Hospital, where he was pronounced dead. No charges have been filed…

http://www.wbaltv.com/news/22979389/detail.html
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2010m3d28-Armed-burglar-fatally-shot-by-armed-homeowner
---

Rule Four Reminder: A toddler remains in critical condition after
accidentally being fired at by officers in Jacksonville [FL] as they
attempted to shoot a robbery suspect. Authorities say 2-year-old old
Daniel Crichton was shot in the arm and upper torso on Friday after a
suspected bank robber forced his way into the car in which the toddler
was seated. The child's mother, Joann Cooper, was hit once in the
foot. A 7-year-old girl also in the car was not injured. The suspect
was killed but has not been identified. Five officers with the
Jacksonville Sheriff's Office fired a total of 42 rounds at the
vehicle. The gunman did not discharge his weapon. (Rule Four: Always
be sure of your target and what's beyond it. Having said that, this
does not appear to have been the more common scenario of firing at a
fleeing vehicle but one of attempting to rescue innocent hostages. In
either case, it appears to have been a poor gamble.)

http://www.floridatoday.com/article/20100328/BREAKINGNEWS/100328004/1086/Toddler++2++accidentally+shot++wounded+by+police
---

Tucson Trap and Skeet Club Recognized: Late February, and the parking
lot is jammed with cars and RVs, some from as far away as
Saskatchewan. It's time for the annual Satellite Spring Grand American
at the Tucson Trap & Skeet Club. Before the weeklong event is over,
more than 1,000 participants from all over the United States, Canada
and Mexico will have aimed their shotguns at clay targets flying
through the air. Repeatedly. "We threw 903,000 targets during the
event," club Treasurer Michael Braegelmann says. "It's our biggest
event." But far from the only one… Yet most Tucsonans, including yours
truly - at least until recently - are unaware of its existence. "We're
the best-kept secret in Tucson," says Tom Moore, a member since 1961.
The club began in 1948 on 40 donated acres at the southwest corner of
East 22nd Street and South Pantano Road…

http://www.azstarnet.com/news/local/article_dc0d08e5-0705-546f-adb4-b9d27d188df5.html
---

There's a Reason God Put Those People on an Island: Mr Furze, 30,
displayed his modified his scooter, with an anti-tailgating flame
thrower operated by the flick of switch, in the press earlier this
week. But Lincolnshire Police spotted the pictures of Mr Furze
allegedly riding his scooter on a public highway – and arrested him on
Thursday. He was held on suspicion of possessing an object converted
into a firearm, and was released on unconditional police bail without
charge until May 6 pending further police investigation. Possession of
a firearm carries a maximum prison sentence of five to seven years at
Crown Court. Mr Furze, from Stamford, Lincolnshire, declined to
comment. Speaking before his arrest, he said: ''Everybody wants a
flame thrower on a motor bike. I don't need a flame thrower on the
back of my bike, I'm not going to set fire to people's car's, it's
just something interesting to do.'' The scooter, which was built
before Christmas, was Mr Furze's third attempt at the project after
the first did not ignite and the second burst into flames… (A photo is
posted with the linked article.)

http://www.telegraph.co.uk/news/newstopics/howaboutthat/7528253/Flame-thrower-scooter-owner-arrested.html
---

NRA-ILA Alerts: List members are encouraged to check the alerts for
the past week, posted on the NRA-ILA website. (I usually include this
reminder on the weekend but the alert arrived late yesterday and I
count on it as my reminder.)

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

Monday, March 22, 2010

03-05-10

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

More McDonald Analysis: …Justice John Paul Stevens made it clear again
and again that even if incorporated against the states, a Second
Amendment right could and even ought to be restricted to the narrowest
version of Heller: commonly used weapons for self-defense in the home.
Even Scalia made it clear that he doesn't think state level
restrictions on concealed carry would necessarily be in danger under
an incorporated Second Amendment, and both Chief Justice John Roberts
and Justice Kennedy made it clear that an incorporated Second
Amendment does not mean a Second Amendment whose reach was as wide as
the gun rights community might like. Roberts spelled it out like this:
The Second Amendment "is still going to be subject to the political
process if the Court determines that it is incorporated in the Due
Process Clause. All the arguments [Chicago's lawyer Feldman made]
against incorporation it seems to me are arguments you should make in
favor of regulation under the Second Amendment. We haven't said
anything about what the content of the Second Amendment is beyond what
was said in Heller." That's worth remembering as we wait for the
decision and its aftermath. In the usual media scrum outside the
courtroom as the hearings let out, the Brady Center's Paul Helmke was
OK with losing complete bans on commonly used weapons such as
Chicago's, but insisted most (though he denied many even existed)
local gun regulations are sensible public safety measures and would
certainly survive future legal challenges even if Gura wins. The NRA's
Paul Clement cagily refused to say what sort of lawsuits the NRA might
file challenging other state gun regulations in the event of a
McDonald victory…

http://reason.com/archives/2010/03/04/guns-for-all-privileges-and-im

…Roberts here, as in prior cases, is seemingly operating from a
philosophy of judicial minimalism. Most prominently articulated by
Obama-confident and law professor Cass Sunstein in his 1998 book, "One
Case at a Time," minimalist decisions strive to narrowly decide cases
based on their facts, attempting to avoid the implications of a broad
ruling in order to address politically divisive issues on the Court
without polarizing its members. This preference is distinct from the
conception of judicial restraint preferred by many conservatives and
originalists, who endorse a restrained judiciary to preserve the
democratic lawmaking process, not to avoid sweeping decisions.
Federalist 78 supports this view, where Hamilton considers the
judiciary as "the least dangerous branch" because "courts must declare
the sense of the law." Judges who "exercise[s] WILL instead of
Judgment" substitute "their pleasure to that of the legislative body."
Two problems emerge with judicial minimalism however, First, its
avoidance of broad rulings by carving out narrow grounds for the
Court's decision often leads to ambiguous results, as was the case in
Planned Parenthood v. Casey, affirming the "essential holding" of Roe
v. Wade while rejecting its reasoning.

http://dailycaller.com/2010/03/05/roberts-the-restrained/
---

Nice Thought, Wrong Facts: Someone who is drunk shouldn't be handling
a gun, but that doesn't justify a ban on concealed carrying in all
places that serve alcohol. On Tuesday, the Virginia House of Delegates
joined the state Senate and voted 72-to-27 to overturn this ban. Gov.
Robert F. McDonnell's signature is all that stands in the way of
getting rid of this dangerous restriction… The facts are clear.
Despite misleading claims to the contrary by the Brady Campaign to
Prevent Gun Violence and the Violence Policy Center, permit holders
are law-abiding individuals who are extremely careful with their guns.
This general rule applies in states that allow concealed handguns in
bars. Permit holders simply haven't been getting liquored up and
harming others through irresponsible conduct. Virginia hasn't had any
problem with open carry in restaurants, so it's hard to understand why
anyone thinks there could be a problem with concealed handguns. Take
Florida and Texas, two states that allow concealed handguns in bars.
Between Oct. 1, 1987, and Jan. 31, 2010, Florida issued permits to
more than 1.7 million people. Only 167 have had their permits revoked
for any firearms-related violations. That is a minuscule 0.0098
percent revocation rate. The vast majority of those revocations were
not for violence, but merely for accidentally carrying a gun into a
gun-free zone. During the past 16 months, there was only one incident
involving a firearms-related violation… (Usually it's the left that
confuses restaurants and bars. Currently, 42 states allow firearms in
restaurants that serve alcohol, with Virginia and Montana mandating
open carry and Arizona mandating concealed carry. Texas distinguishes
bars, where firearms are prohibited, from restaurants by the
percentage of revenue derived from the sale of alcohol, hence the 51%
sign in that state. Florida bans firearms in any portion of an
establishment licensed to dispense alcoholic beverages for consumption
on the premises, which portion of the establishment is primarily
devoted to such purpose. In other words, if a restaurant has a
separate section for a bar, the firearm may not be carried into that
section. If you travel and patronize bars, be sure to check each
state's laws.)

http://www.washingtontimes.com/news/2010/mar/05/guns-in-the-saloon/
---

Where the Guns Are: The U.S. State Department recently published an
updated travel advisory which specifically notes the increasing
violence along Mexico's northern border and in major cities… For
students thinking they will spend some extra money and visit a "safer"
city further south, a State Department advisory from last summer said:
"Crime in Mexico continues to occur at a high rate, and it can often
be violent, especially in Mexico City, Tijuana, Ciudad Juarez, Nuevo
Laredo, Acapulco, and the states of Sinaloa and Durango.  Other
metropolitan areas have lower, but still serious, levels of crime."
This is all very curious, because gun control proponents claim it's
the availability of guns that fuels violence. Researcher David Kopel
found that Mexico prohibits gun ownership of calibers above .22, and
actively discourages owning even those. The Telegraph reported that
Ciudad Juarez, just across the border from El Paso, Texas, is now the
"murder capital of the world," with a murder rate of 133 per 100,000
inhabitants in 2008, nearly 50 times greater than El Paso's murder
rate of 2.8. Law-abiding citizens can carry concealed handguns in
Texas: According to Brady's Helmke, the increased presence of handguns
should have resulted in the death rates being reversed…

http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2010m3d5-Student-break-warning-Dont-visit-Mexico
---

Sharp Dissent in New York Permit Appeal: In a rare written dissent,
Judge Robert S. Smith has taken his six colleagues on the New York
Court of Appeals to task for not finding the "substantial
constitutional question" that would allow them to review a judge's
denial of a pistol permit to a Westchester County, N.Y., attorney.
Smith said the refusal of the court to hear an appeal in Kachalsky v.
Cacace (pdf), SSD4, highlights the "amorphous definition" that the
judges have come to attach to "substantial" and how it is at odds with
provisions in Article 6, §3(b)(1), of the state Constitution and
provisions of CPLR 5601 and 5602 governing when the court recognizes a
right to appeal in civil cases…  Kachalsky v. Cacace presented the
question of whether Penal Law §400.20(2)(f), which requires "proper
cause" for the issuance of a license to carry a concealed handgun,
violated the Second Amendment of the U.S. Constitution. Smith argued
that there could hardly be an issue posing a more "substantial"
constitutional question for the court. Kachalsky raises the questions
of whether the Second Amendment limits the states or the federal
government from issuing gun-possessing permits and whether a
prohibition from carrying a concealed weapon without proper cause is
consistent with the Second Amendment, Smith wrote…

http://www.law.com/jsp/article.jsp?id=1202445566496&NY_High_Court_Judge_Takes_Colleagues_to_Task_Over_Constitutional_Issue_in_Gun_Case
---

Delaware Governor Opposes RKBA Bill: Gov. Jack Markell has blasted
proposed legislation that would bar Delaware's housing authorities
from prohibiting their tenants to own firearms. The effects of House
Bill 357 would go far beyond Delaware's four housing authorities and
extend to almost every facet of life, Markell wrote in a letter
Wednesday to Millsboro Democratic Rep. John Atkins and Georgetown
Republican Sen. Joe Booth, sponsors of the bill. The legislation,
Markell wrote, "will put the public at significant risk if enacted.
This legislation prohibits state and local governments, our
universities and colleges, our schools and others from imposing or
enforcing common sense measures designed to protect our citizens from
illegal gun violence." Dover resident John Sigler, former two-term
president of the National Rifle Association and a former Dover police
officer, said Markell's letter is "obviously designed for emotional
appeal." The letter shows that "a broad bureaucracy" of state agencies
have taken it upon themselves to write regulations better left to the
General Assembly, Sigler said, and "it shows a total disregard for the
law-abiding citizen" by assuming they would misuse firearms simply
because the restrictions were removed…

http://www.delawareonline.com/article/20100305/NEWS02/3050343
---

Oklahoma Senate Passes Firearms Freedom Act: State Sen. Randy Brogdon
has won Senate approval for the Oklahoma Firearms Freedom Act.  The
measure passed with overwhelming bipartisan support - a vote Brogdon
says mirrors the values of most Oklahomans.  The Senate approved
Senate Bill 1685 on Wednesday on a vote of 39 to 3…  Under the
provisions of Senate Bill 1685, no firearms or ammunition manufactured
in Oklahoma and remaining in the state could be subject to any federal
regulations, including federal registration requirements… SB 1685 now
moves to the House of Representatives for further consideration.

http://www.ktul.com/news/stories/0310/712673.html
---

Virginia Senate Blocks RKBA Bills: Senate subcommittee created to
block pro-gun legislation voted Thursday to shoot down numerous
proposals to loosen the state's gun laws, including a measure to
repeal Virginia's ban on buying more than one handgun per month.
Republicans and gun rights advocates cried foul when the subcommittee
was created earlier in the week and given the authority to kill bills
without a vote of the full committee. Though the practice is common in
the House, the Senate rules call for subcommittees to make
recommendations to the full committee… One likened the effortless
rejection of 10 pro-gun bills to the "Ides of March," the fateful day
Julius Caesar was assassinated. Republicans suggested they would try
to demand a full committee vote on Monday. "If the Senate can't follow
their own rules you start wondering why people should follow the
Senate's rules?" said Philip Van Cleave, president of the pro-gun
Virginia Citizens Defense League. Brushing off complaints, Senate
Courts Committee Chairman Sen. Henry Marsh said he would not put the
bills on the docket for a vote…

http://www.wtkr.com/news/dp-va--xgr-gunbills0304mar04,0,3119189.story

…Marsh appointed the five-member subcommittee just Monday, stacking it
with Democrats who favor gun control. Marsh said he formed the panel
because the full committee already had devoted significant time to gun
legislation this year. Republicans and gun rights advocates said
Marsh's move was an end run around the full Courts of Justice
Committee, where bills could have picked up support from pro-gun
Democrats…

http://www.roanoke.com/politics/wb/238763
---

West Virginia House Approves Tax Holiday: West Virginia would suspend
sales taxes on gun purchases during the first weekend of October under
legislation that unanimously passed the state House of Delegates Feb.
26. The Second Amendment Appreciation Act would mandate that the first
weekend of every October become a sales tax holiday for gun purchases.
The lead sponsor, Delegate Scott Varner, D-Marshall, said the holiday
could actually bring in increased tax revenues, given that
bargain-hunting shoppers likely will buy other things that are taxed…
Should the bill become law, West Virginia would become one of a small
but growing number of states choosing to suspend state sales taxes on
guns for part of the year. South Carolina and Louisiana both exempt
firearms sales from state sales taxes for at least two days of the
year. Lawmakers in Mississippi, Illinois and Oklahoma are considering
adopting their own tax holidays… The Second Amendment Appreciation Act
will next go to the state Senate, which must approve it before it's
sent on to the governor's desk for possible adoption into law.

http://www.statejournal.com/story.cfm?func=viewstory&storyid=76152
---

However, in Mississippi…: A bill creating a two-day sales tax holiday
for guns and ammunition in honor of Second Amendment Weekend has died
amid lawmakers' concerns over the state budget. Rep. Warner McBride,
D-Courtland, authored House Bill 1207, which had 39 cosponsors,
including several from South Mississippi. But the House Ways and Means
Committee didn't take up the bill. Lawmakers wanted more information
about the proposal, McBride said… The legislation would waive sales
taxes on rifles, shotguns, handguns and ammunition on Friday and
Saturday of Labor Day weekend. The National Rifle Association and some
hunting groups support Second Amendment Weekends that Louisiana and
South Carolina have enacted. Sporting goods stores in Louisiana
reported a boost during the tax holiday, according to the Baton Rouge
Advocate. McBride said the state is likely losing business to
Louisiana. Supporters said the bill also might help Mississippi
attract out-of-state shoppers on Second Amendment Weekend because they
could find big savings on gun and ammo purchases just before several
fall hunting seasons open…

http://www.sunherald.com/2010/03/04/2002554/sales-tax-holiday-for-guns-is.html
---

Arizona Senate Advances Stiffer Preemption Bill: The Arizona Senate is
poised to broaden the state's restrictions on local gun-control laws.
State law already generally pre-empts local ordinances on
transportation, possession, sale or use of firearms and ammunition,
but the law given preliminary approved Thursday goes farther. It would
prohibit local governments from enacting laws more restrictive than
state law and specifically prohibit ordinances that limit possession
of guns in parks. Also, local governments could not regulate the
discharge of firearms. (Specifically, SB 1168 was approved yesterday
by the Committee of the Whole but faces potential hostile amendments.)

http://www.azstarnet.com/news/state-and-regional/article_e05de916-bfec-5877-8c29-b6e3da237701.html
---

Arizonans Charged in Straw Purchases: So, investigators say, the
27-year-old convicted felon recruited a quartet of women in their 20s
to purchase firearms for him in the past six years. A grand jury
indicted Suggs; Bethany Rose Hanna, 26; Rachel Schiavo, 24; Michael
Scott Ortega, 28; Alexandra Gittings, 21; and Christianna Millan, 21,
on Tuesday on charges of forgery, assisting a criminal syndicate and
conspiracy. Suggs pleaded guilty to aggravated assault in December
2006, but prosecutors allege he began his criminal syndicate in 2003,
said William Newell, special agent in charge for the U.S. Bureau of
Alcohol, Tobacco, Firearms and Explosives. The people charged this
week were paid and coerced to buy the weapons, Newell said. But he
said they all committed a crime when they filled out forms to purchase
the weapons and handed them over to Suggs. Investigators have
recovered eight weapons. They believe 35 were purchased and used in
crimes including burglary, kidnapping and robbery in Arizona, Nevada
and California, Newell said…

http://www.azcentral.com/arizonarepublic/local/articles/2010/03/04/20100304mcaoatf0305.html
---

Oops, Wrong House: He's 70 years old, and his health isn't what it
used to be, but Raymond Michel is not someone who should be taken
lightly. The south Bakersfield [CA] resident shot at a suspected
burglar in his house Wednesday afternoon and held the man at gunpoint
until police arrived. The suspect, identified by police as John Jenaro
Garner, tried to get up twice, but Michel warned him to stay down…
Michel and his wife, Dawn, had returned home on Ivan Avenue about 1
p.m. after taking their grandson to a doctor's appointment. The
9-year-old grandson noticed a light on in a downstairs bedroom and
asked his grandmother if she had left it on. Dawn Michel said she
looked in the room and noticed some items weren't where they were
supposed to be. Then she and her grandson went outside and saw a
garbage bag on the ground, along with a window screen that had been
knocked out of a second-floor window. Jewelry and money were in the
bag. Dawn Michel told her husband someone had been in the house.
Raymond Michel said he armed himself with a handgun and walked
upstairs. Items from the bedroom closet were strewn about the floor,
and Raymond Michel noticed that the bathroom door was almost
completely closed. He and his wife always keep that door open. He
kicked the door, and it stopped partway as it struck the intruder,
Raymond Michel said. The suspect stepped from behind the door and
leveled a rifle at the homeowner, he said. Raymond Michel, who said he
was holding his handgun at waist level, pulled the trigger. The bullet
went through the door, shattered the upper left corner of the mirror
and entered the wall. The suspect dropped to the floor, and Raymond
Michel at first thought he had hit him. But then the intruder tried to
get up, Raymond Michel said… (All's well that ends well but it might
have been wiser to wait outside and dial 911 since there was no
immediate threat to life or limb.)

http://www.bakersfield.com/news/local/x379808909/Man-holds-suspected-burglar-at-gunpoint-until-police-arrive
---

Arizona Shooter Acquitted, for Now: After less than an hour of
deliberations Thursday a Yavapai County seven-woman, five-man jury
acquitted Steve Solomon of all counts of aggravated assault and
endangering. Seven equestrians accused Solomon, 53, of Williamson
Valley of firing a rifle at them as they rode near his property on a
trail ride up Mint Wash from the Prescott National Forest. Solomon, a
machinist, took the witness stand in his own defense and explained
that he was unaware of the riders' presence and wore ear protection
that kept him from hearing their yells. He testified that he shot his
AK-47 semi-automatic rifle at a target on Oct. 5, 2008, to scare away
animals after a mountain lion or coyote killed three goats on his
property… However, Solomon faces additional legal woes. The Yavapai
County Attorney's Office indicted him again in January on seven
additional endangering and three stalking charges stemming from the
same case. Although Kelly filed a motion for double jeopardy that he
believes will eliminate the endangering charges, the stalking charges
remain. The riders allege Solomon stalked them by taking pictures,
Kelly said… (Rule Four: Always be sure of your target and what's
beyond it.)

http://www.dcourier.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=78406
---

Unintended Consequences: Minutes after Randy Reddick Jr. sent his two
young sons to his truck to get the coat and hat he had left on the
front seat, one of the brothers ran back into their apartment
screaming. "I shot my brother! I shot my brother!" the 10-year-old
cried Saturday afternoon. "I didn't mean to do it." Reddick, 31, said
he raced down the stairs from his third-floor Deerfield Beach [FL]
apartment to find his oldest son and namesake on the ground next to
the black Dodge pickup. Randy Reddick III, 11, had the coat in his
hand. Beside him was the wide-brim hat, full of blood, as if he had
been wearing it, his father said. In the truck was a 40-caliber Glock
pistol that Reddick had left in the vehicle's console. The boy had
been shot in the face… Usually, Reddick said, he carries the weapon in
a holster under his shirt. But he had taken off the holster and gun
and put them into the console when he stopped at the Oakland Park post
office to pick up his mail. Firearms are prohibited on federal
property… (This is really a Rule Five reminder: Maintain control of
your firearm. Without seeking to minimize the father's lack of
awareness that he had not recovered his pistol from the console, there
is also the unintended consequence of forcing people to disarm, in
order to enter gun-free zones.)

http://www.miamiherald.com/2010/03/01/1505809/boy-10-accidentally-kills-brother.html
---

Tangentially Related: A DNA-matching technique often used in forensics
has been called to the stand. Fine-grained analysis of DNA found in
cell structures called mitochondria suggests that it can vary widely
between tissues, making samples tricky to compare. "I wouldn't say
that it throws other results out the window, but it does throw a curve
ball," said Nickolas Papadopoulos, a Johns Hopkins University
geneticist and co-author of the study, published March 4 in Nature… In
the mid-1990s, law enforcement added mitochondrial DNA comparison to
its forensic genetic toolkit. Because there are so many mitochondria
in each cell, readable copies of their genomes can often be found even
when the nuclear genome has been damaged. This is especially useful
for old, highly degraded biological samples. Mitochondrial
DNA-matching is based on the assumption that it doesn't vary much in
an individual: Aside from a few inevitable mutations, mitochondrial
DNA are generally supposed to be the same in, say, heart cells and
hair cells. But when Papadopoulos' team applied the latest in
gene-sequencing technology to mitochondrial genomes from nine tissue
types in two people, that's not what they found…

http://www.wired.com/wiredscience/2010/03/forensic-mtdna/#ixzz0hB7hpSJH

03-22-10

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

As I'm Sure Everyone Knows…: A bitterly divided House of
Representatives late Sunday night passed the Senate's sweeping heath
care legislation 219-212 after a day-long debate, with not a single
Republican voting in favor. Thirty-four Democrats (see list at end)
voted against the bill, which House Speaker Nancy Pelosi summed up as
Congress "making history, making progress and restoring the American
dream." Having struck a deal earlier in the day to head off a small
but potentially decisive rebellion by Democrats over abortion funding,
President Obama reportedly watched the televised vote tally at the
White House with Vice President Joe Biden and several dozen others.
Wire service reports said cheers erupted in the room when the "ayes"
reached the 216 votes required for the bill to pass… (If this travesty
survives court challenges, it will have pushed the Constitution over
the precipice and our economy into the toilet. As I predicted, when
Big Brother was elected, Chicago machine politics have taken over the
nation. I understand that 38 states are preparing to sue.)

http://www.cnsnews.com/news/article/63122
---

Indiana Gunners Welcome Parking-Lot-Storage Law: For one, having a
fellow restaurant owner killed during a robbery scared him into
getting a permit to carry his gun. For another, witnessing a domestic
situation spill over into the workplace and leave a co-worker dead
scared her into ensuring everyone gets home from work safely every
day. The experiences of Mickey Skoulos, owner of Sunrise Cafe on
Beardsley Avenue, and Ariann Lawhorn, human resources manager at
Mid-City Supply Co. on Industrial Parkway, shape their views of the
"take your gun to work" bill that Gov. Mitch Daniels signed Thursday.
The new law, which passed handily through the Indiana General
Assembly, allows Hoosiers to keep firearms locked in their vehicles
while they are at work with exceptions made for places like schools,
daycare centers, prisons and shelters. Currently, Indiana employers
are able to set their own policies regarding guns at their facilities,
said Terry Dawson, partner at Barnes & Thornburg in Indianapolis. This
law, when it takes effect July 1, will prohibit businesses from
banning weapons at their work sites which is creating tension between
the Second Amendment right to bear arms and companies' right to
control the properties they own… (I apologize to any list members who
work in "human resources" but I always found HR to be the biggest
concentration of "dim bulbs" in all the years I worked for employers
large enough to have such departments. If existing law failed to
protect one of her co-workers, why does Ms. Lawhorn think the new law
will make things worse?)

http://www.etruth.com/Know/News/Story.aspx?id=508591
---

Ohio Set CHL Record in 2009: Five years after it became legal for
Ohioans to carry concealed firearms, more people lined up for permits
than in any year since the law took effect. A record number of permits
also were issued in Michigan last year, and across the country sales
of guns and ammunition soared as well. While many cite the Obama
factor - some Americans feared the President would take away their
right to keep and bear arms - they also say the recession has prompted
security fears. "The economy is causing all these law enforcement
officers, whether they're police officers or sheriff's deputies, to
get laid off and people realize they're in a situation where they may
have to be responsible for their own safety," said Daniel White,
executive director of Ohioans for Concealed Carry, a pro-gun lobbying
group formed in 1999 to push for a concealed-carry law…

http://toledoblade.com/article/20100321/NEWS16/3210301/-1/NEWS01

Dean El-Joubeily couldn't help but replay his own face-off with a
gunman when he learned that a Toledo shop owner recently pulled the
trigger and injured a suspected armed robber, and two days later a
carryout clerk shot and killed a gunman. "It just made me a nervous
wreck," said Mr. El-Joubeily, 41, who now owns Deano's Mini Mart in
Springfield Township. Mr. El-Joubeily said that it wasn't long after
he was granted a concealed carry permit in February, 2005, that he
pointed the 40-caliber semiautomatic handgun hidden in the holster
under his shirt at a man trying to rob his former carryout on McCord
Road at Hill Avenue… Last year, 56,691 Ohioans applied for permits to
carry a concealed weapon - the most in the law's five-year history.
Owens Community College and Cleland's Outdoor World in Monclova
Township have increased instructional offerings to meet the demand.
Owens first offered monthly courses last fall for those seeking a
concealed-weapon permit but now offers weekly classes, said Mike
Cornell, director of the Center for Emergency Preparedness at Owens.
"We quickly realized we needed more," Mr. Cornell said. Cleland's has
doubled its firearms classes in the past two years and sees more
first-time gun buyers than ever before, said Theresa Cleland, who with
her husband co-owns Cleland's…

http://toledoblade.com/apps/pbcs.dll/article?AID=/20100321/NEWS16/3210302/0/BUSINESS05
---

Meanwhile, in Upstate New York…:  Sitting in my local barbershop
getting a trim recently, the conversation turned to the previous day's
activities. My barber, his wife and another hairdresser had made a day
of taking a pistol safety course in order to complete their handgun
license applications. The female hairdresser said she decided to do it
now "in case they made it illegal" to do so in the future. Apparently,
she isn't alone in this belief. In Columbia County, as well as across
the country, requests for pistol permits are on the rise, along with
gun sales and instruction. According to Columbia County Sheriff David
Harrison Jr., in the last three years, the number of pistol permit
requests and licenses actually completed have been growing in number.
From 2007 to 2009, the number of completed pistol applications has
gone up by almost 100, from 140 to 233. And this year, the numbers
seem to be even greater. So far, in less than three months, the
Sheriff's Office has handed out 115 gun permit applications and 53
have been completed, said Harrison…

http://www.registerstar.com/articles/2010/03/20/news/doc4ba45e28ccc51987679325.txt
---

Open-Carry Event in Wisconsin: ICarry.org is trying to make Beloit
more beautiful by cleaning up two miles of Riverside Drive along the
Rock River. They're doing this while trying to raise awareness about
the right to carry guns. The pistols on their belts are there legally
because in Wisconsin, you can carry them on the outside of your
clothes as long as they're fully exposed. But it's illegal to conceal
them. In fact, Wisconsin and Illinois are the only states in the
nation where concealed carry is illegal. Open carry is actually a
great way to educate the public and let them know responsible law
abiding citizens do carry pistols for self defense, and it's becoming
a more regular and regular thing to see in Wisconsin," says Shaun
Kranish, Executive Director of ICarry.org. Carry.org is also trying to
get the Wisconsin legislature to overturn a law that makes it illegal
to carry a gun within 1,000 feet of a school. Organizers say too often
school shootings escalate because there's not someone armed and able
to stop the gunman. (Please tell me that none of those people actually
carry openly in the skimpy sort of holster pictured with the article.
I have rarely seen a holster begging more loudly for a disarming
attempt.)

http://www.wifr.com/home/headlines/88787587.html
---

Canada Views US Open Carry: About 60 gun rights activists gather in a
pizzeria in the Virginia suburb of Falls Church, just outside of
Washington DC, their firearms openly displayed in waist holsters. They
are celebrating what they expect will be the successful enactment in
Virginia of legislation expanding gun rights for residents. Republican
Governor Bob McDonnell has pledged to sign the measure… As many as 43
states already have some form of open-carry laws that allow citizens
to carry firearms in plain view. "Gun laws (authorizing openly
carrying weapons) and popularity of gun ownership have been going up
considerably," said Philip Van Cleave, president of the Virginia
Citizens Defense League, carrying a .40-caliber semiautomatic pistol
strapped to his belt… In Virginia, where residents can already openly
carry firearms, the new law would expand gun rights to allow concealed
carry permit holders to bring loaded weapons into establishments that
have a liquor license, including bars, nightclubs, restaurants, pizza
parlors and bowling alleys… (I find the linkage, between open carry
and legislation to legalize CCW in Virginia establishments that serve
alcohol, kind of strange.)

http://www.vancouversun.com/news/rights+advocates+pack+heat+with+pride/2708583/story.html
---

Aren't' They Forgetting Something?: Several local organizations are
teaming up to host a civil rights restoration workshop Tuesday at the
Quincie Douglas Branch Library, 1585 E. 36th Street [Tucson]. The
event, sponsored by the Primavera Foundation, the University of
Arizona's James R. Rogers College of Law and the Pima County Clerk of
the Superior Court, is from 4:30 p.m. to 7:30 p.m. Attendees will be
given one-on-one assistance with restoring civil rights, such as to
vote, run for office or serve on a jury, as well as help in vacating
or reclassifying convictions, when applicable, according to a news
release issued by Primavera. About 75,000 individuals in Arizona are
prevented from voting due to felony convictions, according to the
release… (This appears to be oriented toward registering more
Democrats. Conspicuously absent from this report is any mention that
Arizona will also restore the RKBA to those who have completed their
sentences for non-violent felonies and will even issue CWP's to those
who have had that right restored.)

http://www.azstarnet.com/news/local/crime/article_c3e743ba-35db-11df-a97d-001cc4c03286.html
---

Attention, California Gunners: Our weekly poll on California gun laws
has come to a conclusion today. Over 600 of you voted. We thank you.
Almost 7 out of 10 of you believe the worst two California gun laws
are:

The "may-issue" concealed carry system should be changed to a "shall
issue" system. Almost 300 of you (44.4%) voted to end California's
highly discretionary system.
Another 167 of you (24.8%) say the so-called "assault weapon" ban should end.

30% of you spread your votes across 8 other laws you consider to be
the worst. The total number of people who participated in our poll was
over 650. As we said last week, this is a tough decision to select
only one. So, today have modified our poll to determine of the 8 other
laws, what do you consider the worst so that we end up with the top
three laws that California gun owners want changed. Again, as in last
weeks poll, you get one vote and one vote only, so make it count… (I
presume that these polls are intended to guide the efforts of the
California Rifle & Pistol Association, of which I remain a Life
Member.)

http://www.gunnewsdaily.com/index.php/article-archives/330-californians-we-want-a-shall-issue-system
---

Oops, Wrong Hotel Room: I was surprised - shocked, even - to read last
week that Cook County [IL] prosecutors charged Kristian Branch with
first-degree murder. Police say the 28-year-old Elgin woman
accompanied her boyfriend, Mario Charles, Tuesday when he entered a
Schaumburg hotel room to pull an armed robbery. One of the intended
victims also had a gun, though, and shot back and killed Charles.
Illinois' "felony murder" statute says that if you commit a serious
crime that results in someone's death, you can face first-degree
murder charges even if you were unarmed or didn't directly cause the
death. The idea is that if a pair of punks stick up a bank and one of
them kills the teller, they're equally responsible. If, for example,
in the Schaumburg case, Charles had killed his intended victim instead
of vice versa, the law would say Branch ought to have known such a
tragic outcome was possible and so is just as guilty as Charles. It
violates my layman's understanding of the crime of murder - that it
requires intent to kill - but I certainly see how such a law could be
a deterrent to those contemplating capers in which lives could be lost
and could also be a valuable tool for authorities confronted with
co-conspirators all trying to implicate one another as the actual
killer. But here, no one was murdered, according to police accounts of
the crime. The victim killed Charles in self-defense. Charles paid the
price of crime and Branch, it would seem to me, ought to pay the
price, if convicted, of being part of an armed robbery team… (Sorry,
Eric, but that's precisely what a "felony murder" statute is intended
to punish, in those states that have one.)

http://www.chicagotribune.com/news/opinion/ct-oped-zorn-03-21-2010-20100321,0,51389.column
---

Oops, Wrong House, Bahamas Version: A resident shot two would-be armed
robbers who were trying to break into his house, police revealed last
night. The incident happened at Assembly Estates, Firetrail Road, at
about 2pm yesterday. When police officers arrived they found a gold
Honda Accord car, licence plate number 221452, outside the house and a
man lying bleeding nearby. According to reports, two men - one
allegedly armed with a handgun - were attempting to break into the
house when they were seen by someone who lives there. One of the thugs
allegedly fired two shots at the resident, who then produced a
licensed shotgun and returned fire. This resulted in one of the
attempted robbers sustaining gunshot wounds to the shoulder and upper
back. He reportedly collapsed while attempting to flee the scene. He
was taken to hospital where he is listed as in serious condition. The
other would-be robber is thought to have also been hit. He reportedly
fled into nearby bushes and is being hunted by detectives. Police up
to press time were unable to release a description of the alleged
armed robber… (The Bahamas requires a firearms certificate or license
for the ownership of firearms and ammunition. Ownership or carry of
firearms without such license is punishable by either five or ten
years imprisonment, depending on the level of court in which the
defendant is convicted.)

http://www.tribune242.com/news/03202010_shooting_news_pg1
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2010m3d21-Armed-Bahamas-resident-shoots-violent-home-invader-in-self-defense
---

Another Look at Head Shots: A Niagara Falls man claims that on two
occasions he was just minding his own business outside a city bar when
he was shot in the head. Willie McTyere, 29, of Whirlpool Street was
taken to Niagara Falls Memorial Medical Center with a gunshot wound to
his head after the shooting shortly before 11 p. m. Wednesday in the
parking lot of the Elks Sunset Lodge in the 3200 block of Highland
Avenue. He was transferred to Erie County Medical Center and then
discharged. "He had been shot just above his left eye, but it didn't
go through his skull; it was just a flesh wound," said Capt. William
M. Thomson, chief of detectives. Thomson said the victim was very
uncooperative at the city hospital and told police that he had "just
been minding his own business." …At 2:50 a. m. Jan. 23, police
responded to a report of shots fired outside Jo Jo's Smokehouse, a bar
in the 1400 block of Main Street. Thomson said that at the hospital
McTyere was found with a "hole in the top of his head" from a possible
gunshot wound that had entered the top of his skull and caused some
bleeding. He said McTyere had to be restrained because he was
uncooperative… (Head shots often look good on paper targets but fail
on the street. Where I've lived, shooting victims who refused to
cooperate from police typically got shot by intended robbery victims.)

http://www.buffalonews.com/2010/03/19/992564/man-shot-in-head-2nd-time-this.html
---

Another Look at the US Sniper Upgrade: …Snipers have been asking for a
longer range weapon, but not one as bulky and heavy as the 30 pound
.50 caliber (12.7mm) rifle (which is good to about 2,000 meters). Thus
the army is modifying existing M24 rifles to fire the more powerful
.300 Winchester Magnum ("Win Mag") round. It was felt that this gave
the snipers all the additional range they needed, without requiring a
much heavier rifle. SOCOM has been using this approach since the early
1990s… There was another option, and that was to replace the barrel
and receiver of the M24 sniper rifles to handle the .338 (8.6mm) Lapua
Magnum round. Thus you still have a 17 pound sniper rifle, but with a
round that can hit effectively out to about 1,600 meters. British
snipers in Iraq, and especially Afghanistan, have found the Lapua
Magnum round does the job at twice the range of the standard 7.62x51mm
round. The 8.6mm round entered use in the early 1990s, and became
increasingly popular with police and military snipers. Some NATO
snipers have used this round in Afghanistan with much success, and
have a decade of experience with these larger caliber rifles.
Recognizing the popularity of the 8.6mm round, Barrett, the pioneer in
12.7mm sniper rifles, came out with a 15.5 pound version of its rifle,
chambered for the 8.6mm. But the U.S. preferred the lighter .300
Winchester magnum solution…

http://www.strategypage.com/htmw/htweap/articles/20100322.aspx

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