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Another Attempt to Restore RKBA in DC: Federal lawmakers Tuesday
introduced bills into the House and Senate that would repeal most of
the local gun laws in Washington, D.C. The bills come less than a week
after Democratic leaders withdrew landmark legislation that would have
given the District a vote in the House of Representatives because of
Republican plans to introduce an amendment similarly aimed at
loosening city gun restrictions. The bills introduced Tuesday would
eliminate gun-registration requirements in the city and prevent the
mayor and the D.C. Council from adopting laws prohibiting gun
ownership. It would also bar city officials from enacting laws that
would prohibit guns from being carried in public places (whether
concealed or openly brandished), that would diminish the authority of
the city's police chief to deny concealed-carry licenses, or that
would prohibit city leaders from preventing guns from being taken into
city buildings… The legislation was introduced into the Senate by
Sens. John McCain, Arizona Republican, and Jon Tester, Montana
Democrat. In the House, the bill was sponsored by Reps. Travis
Childers, Mississippi Democrat, and Mark Souder, Indiana Republican.
(An openly holstered gun is not brandished. Brandishing is to shake
or wave (as a weapon) menacingly or to exhibit in an ostentatious or
aggressive manner. McCain has suddenly become a conservative this
year; I doubt it will last past the November election.)
http://www.washingtontimes.com/news/2010/apr/28/federal-bills-would-repeal-dc-gun-laws/
…Joshua Horwitz, executive director of the Coalition to Stop Gun
Violence, called the legislation "political grandstanding" that does
not take into account that the D.C. Council passed laws last year to
comply with the court ruling, which were upheld in March by a federal
judge. The city has already repealed a ban on semiautomatic pistols,
he said, and allows residents to keep loaded guns in their homes. Most
troubling to gun-control advocates, Mayor Adrian M. Fenty (D) and
members of the D.C. Council are the legislation's proposed
restrictions on local control of firearms… Chris W. Cox, executive
director of the National Rifle Association's Institute for Legislative
Action, said in a statement Tuesday that the NRA backs the legislation
and "remains committed to restoring the right to self-defense for
law-abiding citizens in Washington, D.C., by whatever legal or
legislative means necessary." Unlike the gun amendment to the voting
rights legislation, the bills introduced by Tester and McCain in the
Senate and by Reps. Travis Childers (D-Miss.) and Mark Souder (R-Ind.)
in the House are stand-alone measures. Democratic leaders are unlikely
to schedule the bills for floor consideration on their own. Lawmakers
could try to attach the gun bills to some must-pass legislation…
http://www.washingtonpost.com/wp-dyn/content/article/2010/04/27/AR2010042704843.html
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Illegal Gun Sales in NYC: …But the "brigade of dealers" are not, as
seemingly implied by the sloppy wording, the federally licensed
dealers that Mayor Mike Bloomberg portrays as flooding the streets of
New York with illegal guns through unscrupulous practices. Nor does
the term here refer to private sellers at gun shows (erroneously
labeled "private dealers" by gun control advocates) engaged in lawful
intrastate sales. Bloomberg is currently pumping money from his vast
fortune into advertisements under the name of his coalition of
anti-gun mayors to close the so-called "gun show loophole," which they
define as "a gap in federal law that enables criminals to buy guns at
gun shows without undergoing a background check." Never mind that
dealing guns without a license is already a federal crime or that
federal studies show that gun shows are not a significant source of
crime guns. Instead, the "dealers" here are recidivist offender street
thugs. But why let facts interfere with a storyline propagated by
Bloomberg and Ray Kelly, his Police Commissioner, and supported to the
hilt by the Daily News? Bloomberg repeatedly insists he's not
anti-gun, yet he's never met a gun control law he didn't like or a gun
that he couldn't dislike… (I have delayed sharing this because my
browser was reporting security issues with the linked page for several
days.)
http://www.thegunzone.com/TGZBlog/2010/04/23/where-do-the-illegal-guns-in-nyc-come-from/
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Gun Laws Are the Problem, Not the Solution: Crime is out of control in
Chicago, far worse than most cities of a similar size, and 2010 has
seen over 100 homicides already in the city. In the wake of all of
this, Illinois State Reps. John Fritchey and LaShawn Ford have called
for Governor Pat Quinn to call in the National Guard to help restore
the peace. Other suggestions have poured in as well. Hiring more
police, though budgetary restraints make that a difficult option, is
always at the forefront. Social programs, drug law reforms, improved
school funding, and other similar programs are all being discussed.
Mayor Richard Daley feels the answer is tougher gun laws, though fails
to adequately explain how more gun laws will help in a city with laws
already so strict they're the subject of a Supreme Court case. "This
is all about guns, and that's why the crusade is on," Daley said to
media recently. "We hope to get their cooperation in Springfield." He
is correct that it is all about guns, but not in the way he means. The
biggest issue is that the criminals and gang members have free reign
in the city because of citizen disarmament. You can't let a pack of
wolves have free access to the corral and then complain they're eating
the sheep…
Montana FFA Update: Lawmakers in Montana are suggesting that the
courts should be deciding whether Congress has overstepped its
authority in a dispute over a state exemption from federal regulations
for guns made and sold inside state boundaries. "Should Congress enact
a law that appears to conflict with the guidance in the [Montana
Firearms Freedom Act], the courts may then determine whether Congress
has acted within the scope of its delegated powers as limited by later
amendments," an amicus brief on behalf of Montana legislators, said.
"The courts may then determine the extent to which Congress's
enactment has abrogated the state's execise of power within the same
sphere." The brief was filed just days ago in a lawsuit that was
brought against U.S. Attorney General Eric Holder by the Second
Amendment Foundation and the Montana Shooting Sports Association in
U.S. District Court in Missoula, Mont. It seeks a declaration that the
federal government must stay out of the way of Montana's management of
its own firearms. While Montana was the first state to adopt such
legislation, six other states already have followed suit: South
Dakota, Wyoming, Tennessee, Utah, Idaho and Arizona also now have
Firearms Freedoms Acts on their books, and Alaska has plans that
essentially are awaiting the governor's signature to become law. Gary
Marbut, chief of the Montana Shooting Sports Association, said
probably another two dozen states also are in various stages of
considering such plans…
http://www.wnd.com/index.php?fa=PAGE.view&pageId=146737
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Oklahoma Governor Vetoes FFA: State Sen. Randy Brogdon said he was
disappointed to learn that Gov. Brad Henry had vetoed Senate Bill
1685, the Oklahoma Firearms Freedom Act. The bill was designed to stop
further encroachment of the federal government on Second Amendment
rights by exempting firearms and ammunition manufactured in Oklahoma
from regulations handed down from Washington D.C. "The governor
claimed this bill would have given criminals 'easy access' to guns.
That argument is absurd," Brogdon said. "Oklahoma law addresses this
issue - convicted felons cannot own guns in our state. The Oklahoma
Firearms Freedom Act would not have changed that state law." 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. Brogdon,
R-Owasso, noted the legislation was approved by wide margins on
bipartisan votes in both the Senate and the House… Brogdon said he
would attempt to override the governor's veto of SB 1685 as soon as
possible… (Note that outside of the National Firearms Act [machine
guns, suppressors, etc.], there is no overt federal registration of
firearms. There is an indirect registration of the first retail
purchaser, however, by means of the BATF 4473 form.)
http://axiomamuse.wordpress.com/2010/04/27/brogdon-slams-veto-of-oklahoma-firearms-freedom-act/
Republican legislative leaders, fresh off a gubernatorial override of
two anti-abortion measures, are considering whether to overturn the
governor's veto of a bill that would have exempted guns or ammunition
made in Oklahoma from federal regulations.
While in Texas…: Pistol-packing Texas Gov. Rick Perry has a message
for wily coyotes out there: Don't mess with my dog. Perry told The
Associated Press on Tuesday he needed just one shot from the
laser-sighted pistol he sometimes carries while jogging to take down a
coyote that menaced his puppy during a February run near Austin. Perry
said he will carry his .380 Ruger - loaded with hollow-point bullets -
when jogging on trails because he is afraid of snakes. He'd also seen
coyotes in the undeveloped area. When one came out of the brush toward
his daughter's Labrador retriever, Perry charged. "Don't attack my dog
or you might get shot ... if you're a coyote," he said Tuesday. Perry,
a Republican running for a third full term against Democrat Bill
White, is living in a private house in a hilly area southwest of
downtown Austin while the Governor's Mansion is being repaired after a
2008 fire. A concealed handgun permit holder, Perry carries the pistol
in a belt… (This statement is quite a political gamble. I would have
thought it risky for a gubernatorial candidate in Texas to admit that
he carries anything less than a .45.)
Georgia House Votes to Restore Airport Carry: Georgia's registered gun
owners would be allowed to carry their firearms into parts of the
world's busiest airport, as lawmakers shot back Tuesday at a court
ruling that had long frustrated Second Amendment activists. The House
voted 120-37 to allow gun owners to carry their weapons into parts of
airports throughout the state not controlled by the federal
government, such as terminals and parking lots. The proposal has
already been adopted by the Senate and now goes to Gov. Sonny Perdue…
Georgia lawmakers aren't finished with gun bills yet. The House could
vote on another measure that would allow gun owners to bring their
firearms into some bars and the parking lots of colleges, courthouses
and jails on Thursday, the final day of the 40-day legislative
session. (By "registered gun owners," I believe the article means
those licensed to carry discreetly.)
http://www.macon.com/2010/04/27/1109488/ga-expands-gun-carry-rights.html
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Only You Can Prevent F Troop Abuse: When we first talked about the ATF
seizure of Airsoft guns due to charges that they were
"easily...convertible to a machine gun," we learned the owner of the
seized inventory was "told they need to file a Freedom of Information
Act request in order to see the procedures ATF used to determine these
toys are readily convertible." …So there you have the answer to the
headline on this column: ATF is ducking their legal obligation to
comply with an information request BECAUSE THEY CAN - no one in
government or the "mainstream" media is holding them accountable… What
can you do about it? Certainly something about the general state of
affairs at ATF. At the risk of beating a dead horse, join me? Take one
minute and contact the Oversight Committee? …Then take another minute
to ask your gun-owning friends to do the same?
Why Only One Set of Numbers?: …There is, however, some good news on
American efforts to throttle the flow of arms to violence-wracked
Mexico: stepped up controls of south-bound traffic have resulted in a
25.6 percent increase in the seizure of weapons in 2009 compared with
2008, according to statistics from the Department of Homeland Security
(DHS). The bad news: that translates into 1,428 firearms, an average
of four a day. Contrast that with the millions of people and cars that
cross into Mexico every day - 82,000 at one border point alone (San
Ysidro, between San Diego and Tijuana) - and it's easy to see why
there's a rule of thumb along the border that for every one
confiscated weapon, seven to nine make it through. Add to that weapons
smuggled from Central America, still awash with arms from its civil
wars in the 1980s, and it's obvious why the cartels have so much
firepower… (Why do we not see numbers and estimates, not only for the
firearms coming into Mexico from farther south, including the
tri-border area of Argentina, Brazil and Paraguay, not to mention
those purloined from Mexican government armories? As to the threat
from the treaty, it is worth noting that in 2008, SCOTUS ruled, in
Medellín v. Texas, that a treaty cannot supersede US law unless
Congress enacts statutes to do so or it is "self-executing.")
http://www.alertnet.org/thenews/newsdesk/LDE63Q16T.htm
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Arizona – Hostile Environment for Criminals Since 1994?: I've recently
discussed the new Arizona Constitutional Carry law with a number of
people who have told me they had been reluctant in the past to apply
for a CCW permit as they did not want to be on any government list of
known gun owners. They have taken self defense training courses, and
have studied the local laws, yet have been unable to conceal carry due
to the fact that they did not have a CCW permit issued by the
government. They are looking forward to enjoying their restored
freedoms in the near future, and will soon join those of us who have
already obtained CCW permits in being able to be armed for the defense
of themselves and their families. How many more people will be armed
for their own defense after the new law takes effect? It is anybody's
guess, but even if there are only two or three times as many people
prepared to defend themselves it will be a very good thing for all of
us due to the fact that more guns in the hands of law abiding citizens
always equals less crime. I know one thing for certain: this new law
will cause the criminals to wonder even more about who might be armed
among their potential targets. I'm guessing some of the criminals will
soon choose to move away from Arizona to a location where all of their
victims are more likely to be defenseless… (Arizona has been issuing
CWP's since mid 1994; it has always been an open-carry state. Dustin
argues that the legality of discreet carry has a greater deterrent
effect on criminals than open carry, an argument I would support. One
of the extremely rare cases I know of a law-abiding citizen being
disarmed by criminals was a man carrying openly in south Phoenix, in
2002, who was killed when he was attacked by two men who stole his
pistol. His co-workers had urged him to get a CWP and cover the gun if
he wanted to carry in that neighborhood.)
http://www.opposingviews.com/i/arizona-creating-a-hostile-work-environment-for-thugs-since-1994
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Discreet Carry, Argued in Pennsylvania in 1872: …I trust the
Convention will not go into committee of the whole for the purpose of
putting in this amendment. For more than four years in the oil regions
of Pennsylvania, during the excitement of speculation and during the
war, no man's life would have been safe had it not been well
understood that every man carried concealed weapons. No man had any
business to be there without them. Highway robbery even was best
prevented by the assailed getting frequently the advantage of the
first shot. Thieves and murderers never would and never do regard any
law of this kind, and the revolver under such circumstances is the
best conservator of the public peace in the hands of law-abiding men.
No man desires to be in the position of being assailed by a lot of
drunken bullies who are reckless of anything they may do unless
restrained by fear…
Oops, Wrong House, North Carolina Version: A Broad Street man aimed up
on a burglary suspect still inside his home Thursday morning. Armed
with a revolver, according to a Shelby Police report, 63-year-old
Roger Dale Ramsey told the thief to "freeze" before the suspect fled
outdoors. The report states Ramsey returned home around midnight
Thursday and heard noises for several minutes before investigating.
"Roger advised he checked his rear bathroom window then the window on
the west side of the house, then turned around in his dining room to
see a suspect step out of his bedroom into the dining room," read the
report by Officer J.V. Patrick. Ramsey then pointed his gun, but the
suspect didn't halt as requested. "The suspect turned and leapt out
the bedroom window on the east side and ran," read the report… (All's
well that ends well but it would have been more prudent to call 911
and let the police check the premises.)
http://www.shelbystar.com/news/resident-46165-gun-act.html
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Oops, Wrong House, West Virginia Version: One man shot another man at
an Atenville home in Lincoln County Tuesday afternoon because he tried
to break into his home, according to State Police. Thomas Perry, 44,
tried to break into several homes along West Virginia 10 Tuesday
afternoon, said State Police Senior Trooper L.T. Goldie Jr. He
approached the residence of Jeffrey Lambert, who was home with four
children. Lambert warned Perry to leave the property, but he would
not, Goldie said. At about 5:30 p.m., Lambert fired one shot, and
Perry was later flown by helicopter to Cabell-Huntington Hospital,
Goldie said. "Mr. Lambert is not facing any charges," he said. "It was
a defensive shot." Perry, however, may face criminal charges. Late
Tuesday night, Perry was in surgery at the hospital, Goldie said.
http://www.wvgazette.com/News/201004271110
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Oops, Wrong Store: An armed customer shot a man attempting to rob a
Walgreens Monday night, Omaha [NE] Police say. Investigators say two
masked suspects entered the Walgreen's near 61st and NW Radial Highway
shortly before 9pm Monday night, one armed with a short shotgun.
Police say the armed suspect had leveled the gun at customers, and one
of the customers at the register saw the suspect point the gun in the
direction of the register where there were several others standing.
This customer who had a valid permit to carry a gun, drew a handgun
from his waistband shot the suspect holding the shotgun multiple
times. The suspect was able to run from the store and collapsed
outside. He was taken to the hospital, where he later died. The second
suspect was held in the store by the same customer until officers
arrived. The suspect, a 17-year-old male, was booked into the Douglas
County Youth Center for Robbery and Use of a Weapon to Commit a
Felony. The customer who shot the first suspect has been identified as
32-year-old Harry McCullough III of Omaha. Police say McCullough was
in possession of a loaded handgun that was concealed on his person
without a Concealed Weapons Permit. He did possess a carry permit
which only allows a person to carry a loaded handgun in plain view
(typically in a holster). McCullough was cited for a misdemeanor
charge of Carrying a Concealed Firearm. Douglas County Attorney Don
Kleine says no charges will be filed against McCullough, though,
because the shooting was justified… (It's nice to see appropriate
prosecutorial discretion.)
http://www.kptm.com/Global/story.asp?S=12383501
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Meanwhile, in California…: A man who heard banging outside his
apartment confronted three suspected burglars and scared them off by
firing a pistol, police said today. Officers arrested two of them a
short while later. Police said the incident happened just before 10
p.m. Sunday near West Washington Street and Key Avenue. The resident
told police he confronted three men outside his apartment building and
as they advanced on him, he retreated and fired a semi-automatic
pistol into the ground. The men backed off but stayed in the area.
Police responding to the possible burglary report captured two of the
men about two blocks away: Lamberto Godina, 18, of Ripon and Jose
Mendoza, 19, of Salida. They were booked into the San Joaquin County
Jail on charges of assault, trespassing, and creating a disturbance.
Officers are trying to locate the third suspect. All three are
documented members of the Norteño street gang. The police department
will ask the San Joaquin County District Attorney's Office to review
the case for possible charges against the victim for discharging a
firearm within city limits, under the suspicion that the victim
needlessly escalated the situation, police said… (Note the legal
liability of firing a warning shot. If the man did not feel
sufficiently threatened to shoot the men who advanced on him, he was
not justified in discharging a firearm. I particularly like the choice
of a S&W revolver to illustrate a story that emphasizes the use of a
semi-automatic pistol.)
http://www.modbee.com/2010/04/26/1143164/ripon-man-fires-gun-to-scare-off.html
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Oops, Wrong Walker: A 40-year-old man apparently picked the wrong
person to try to rob at knife point Monday and ended up at the
hospital with two gunshot wounds to the chest, police said. As the
alleged would-be robber lay wounded, his intended victim called 911.
The incident occurred shortly after 1 p.m. on Wooster Place just
outside Columbus Park in the Wooster Square neighborhood. The shooting
victim, tentatively identified by a source as Hector Santiago, 40, is
expected to recover, and was speaking to police. The shooter, who
police said is 65 and from out of town, waited at the scene for
officers to arrive and was brought to police headquarters to be
interviewed. He was later released, police said. Police recovered a
small knife at the scene, not far from the shooter's discarded
umbrella… (I suppose it's not unusual, in urban Connecticut, for
neighbors to worry more about someone licensed to carry a handgun
discreetly than about muggers armed with knives. I note that no free
psychological counseling was offered to the shooter, as it commonly is
for police officers involved in such incidents.)
Rule Five Reminder: A Spokane County Sheriff deputy has learned a hard
lesson about crime after he left his gun in an undercover car and had
it stolen along with his badge and law enforcement identification. The
backpack was taken from the detective's car near the Burlington Coat
Factory on North Division. The detective, who is an undercover officer
on the Joint Terrorism Task Force and has not been identified, went in
to the store for about 20 minutes. When he returned to his car the
passenger side window was smashed and the backpack containing his gun
and identification was gone… (Rule Five: Maintain control of your
firearm. I remain amazed at how, when citizens in some states are
still struggling to be able to carry firearms discreetly lawfully,
some cops can go off duty so completely as not to carry the means to
defend themselves.)
http://www.kxly.com/news/23272106/detail.html
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Tangentially Related: With a rising tide of gang violence nationwide,
the Justice Department set up two special units in the same building
and charged them with helping coordinate investigations into some of
the country's deadliest street-crime syndicates. But three years
later, far from helping wipe out the scourge of the nation's violent
gangs, the two groups are hardly even communicating with each other.
And that isn't the only problem… It's urgent work. According to a
Justice Department estimate, gangs are responsible for as much as 80
percent of the crime in many communities and are the most common
street-level drug dealers in the nation. Gangs also are responsible
for offenses ranging from human smuggling to extortion and identity
theft to homicide… GangTECC, on the other hand, hasn't received a
budget and, according to the IG's report, "lacks the resources to
carry out its mission." The unit is charged with serving as the
central coordinating center for multijurisdictional, multiagency
investigations. It is supposed to bring together the department's law
enforcement components - the FBI; the Bureau of Alcohol, Tobacco,
Firearms and Explosives; the Drug Enforcement Administration; and the
U.S. Marshals Service - and the Department of Homeland Security's
investigative wing to coordinate investigations into particular gangs,
coordinate overlapping investigations and ensure information is shared
among the agencies… (But funds are apparently available for DHS to
investigate whether it is legal for Arizona to make it a crime to be
in the state illegally.)
http://www.washingtontimes.com/news/2010/apr/28/justices-anti-gang-units-not-meshing/
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