Monday, November 29, 2010

11-29-10

by permission from Stephen P. Wenger
http://www.spw-duf.info

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F Troop Resumes Legislating: Recently, the NFATCA took the lead on an issue that could have far-reaching consequences in the NFA and Sporting communities," the National Firearms Act Trade & Collectors Association reports. What issue? "It was learned that ATF was seeking to create a definition of small arms ammunition under the aegis of the Safe Explosives Act. The definition was being created as an opinion letter and had no input from the firearms community." Why is a revised definition needed?  What is the impetus behind this effort to increase the Bureau's regulatory control reach? And why exclude the people who it would compel compliance from under force of law? What's the immediate danger? "[I]t could have arrived as a declaration that all ammunition above .50 caliber would now be classified as an explosive." That means that there would be a whole new slew of regulations and licensing requirements – including  potentially for currently-owned property.  Why? …

http://www.examiner.com/gun-rights-in-national/atf-attempting-to-reclassify-small-arms-ammunition-without-public-input
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Peruta v. County of San Diego, One More Look: … State law gives local police chiefs and sheriffs the discretion to issue CCWs, short for "carry concealed weapon" permits, under the following conditions: The applicant must be a law-abiding citizen, have good moral character, be a county resident and establish good cause. What constitutes "good cause" is at the heart of the debate and the one element that is considered on a case-by-case basis… In a hearing before U.S. District Judge Irma Gonzalez on Nov. 15, the lawyer for the plaintiffs said those kinds of rules are now unconstitutional. The Supreme Court rulings establish self-defense as a fundamental right that can't be squelched so easily, said attorney Carl Michel. "They can't say you have to have a death threat or are being stalked, or you must articulate a specific risk in order to exercise your right to self-defense," he said. "The right to self-defense does not end at the threshold of your home." … Gonzalez is expected to issue a ruling sometime in December… (I will stick with my earlier prediction that the days of discretionary-issue are numbered in California. The sheriff of Sacramento recently settled a lawsuit by Calguns and SAF by agreeing to accept "self-defense" as good cause. I predict that the legislature will eventually go to shall-issue, with as strict standards as they can impose, including state training standards and denial for numerous types of misdemeanor convictions.)

http://www.signonsandiego.com/news/2010/nov/27/group-sues-over-concealed-weapon-permit/
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Meanwhile, in Hawaii…: … The City and County of Honolulu have consistently restricted and continue to burden the right to keep and bear arms, especially in non-sensitive public places. For a time line exceeding fifteen years, no citizen has been allowed to carry a firearm to defend themselves or their family… Your children and family, however, are not serialized; your children and family are not insured by the government, nor can your child, family member, or friend be replaced. Lastly, in an effort to change these broken laws, a local group, Hawaii Concealed Carry, was formed in 2010 to promote the safe and responsible bearing of firearms, for the purpose of self-defense. They are based on Oahu, and are working to assist all Hawaiian islands in the restoration and exercise of their fundamental right to keep and bear arms. Hawaii residents are encouraged to exercise their fundamental right by applying to their local City and County Police departments for a permit to carry a firearm, openly or concealed, for the purpose of protecting yourself and your family…

http://www.pitchengine.com/hawaii-concealed-carry-firearm-permit-initiative/105234/
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Pennsylvania Governor Vetoes Self-Defense Bill: State Rep. Seth Grove said the Castle Doctrine was easily the issue he heard about most from his constituents during the past two years, and he was genuinely surprised when Gov. Ed Rendell vetoed it Saturday. "I was very disappointed," said Grove, R-Dover Township. Grove had been a co-sponsor of the legislation, which expands the Pennsylvania's "Castle Doctrine" – referring to the adage that a man's home is his castle. Under current law, the use of deadly force in self-defense is not justifiable when safe retreat is possible, unless a person was attacked in his or her home or workplace. The legislation Rendell vetoed would have removed the requirement to retreat before using deadly force outside the home or workplace as well. Grove said that not only were his constituents in favor of the measure, but also a wide, bipartisan majority in the state General Assembly… (Disappointing as this news is, I do not find it surprising. Rendell has a lengthy history of opposing the RKBA.)

http://www.ydr.com/politics/ci_16729906
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Meanwhile, in Nebraska…: Senator Mark Christensen's bill to address self defense issues at home and work, LB 889, got killed in this year's session of the Unicameral but that doesn't mean he's giving up. Prior to adjournment, Christensen got a legislative resolution passed to conduct an interim study on a key element of the bill, commonly know as the Castle Doctrine. Christensen has built a reputation as a big advocate of Second Amendment gun rights. As a result, he wants to make sure people have the right to protect themselves in their homes, workplaces and vehicles without the threat of a civil lawsuit. The Castle Doctrine gets its name from the basis that a person's home is their "castle." As such, one has the right to protection from illegal trespassing and violent attack. Castle laws give people the legal right to use deadly force to defend their "castle" and other people in the home from violent attack or an intrusion which may lead to violent attack. Christensen said many Nebraskans can't understand why Nebraska has the law it does right now. "You have a duty to retreat, if the opportunity presents itself, even from your own home, if it appears safe to do so," he said… (Nebraska has a legislature with only one chamber, hence the term "Unicameral.")

http://www.waunetanebraska.com/index.php?option=com_content&view=article&id=2457:christensens-castle-doctrine-legislation-gets-attention-during-interim-study-hearing&catid=25:local-news&Itemid=34
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Florida Ain't Arizona: A customer expecting to see great deals waved down authorities after she saw something else: a man packing a gun while waiting in line at a Black Friday sale. Police arrested Christopher D. Scott, 49, as he was waiting in a checkout line at a Wal-Mart in Boynton Beach [FL] on Friday. Officers were on patrol at the store at 3200 Old Boynton Rd., due to the large Thanksgiving night crowd seeking early bargains. Scott is charged with two counts of carrying a concealed firearm and three counts each of carrying a prohibited weapon and possession of a controlled substance without a prescription. Scott lives out of state and was visiting his ill mother, he said Friday afternoon. He said he was in the store buying her supplies. He expects the charges will be dropped, he said… Scott said he has a proper weapons permit in Arizona and presumed it was reciprocal in Florida. He also didn't understand why he was charged with carrying a concealed weapon when he wore the gun in plain sight, as advised by colleagues… (Florida recognizes the Arizona CWP, if is held by an Arizona resident, but is one of the few states that does not allow private citizens to carry openly in most public venues. I generally use http://www.handgunlaw.us/ and as my starting points to check the laws of other states.)

http://www.miamiherald.com/2010/11/27/1945068/man-accused-of-packing-gun-at.html#ixzz16Xif13os
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Oops, Wrong House: A Fort Smith [AR] homeowner on Friday shot and killed an intruder who entered his home demanding prescription medication. Police were called to 8401 S. 30th Circle at about 7:42 p.m. after a man was shot twice during a home invasion. The 69-year-old male homeowner and two other people were inside the home with a 4- or 5-year-old child when the 27-year-old male suspect walked into the house. The door was unlocked, said Sgt. Daniel Grubbs of the Fort Smith Police Department. The suspect fired one round into the ceiling and then forced the 69-year-old man to the back bedroom and demanded prescription medication. At some point, the suspect became distracted by the child crying and he walked to the front room and told everyone to stop making so much noise, Grubbs said. The homeowner used that time to grab his own weapon and when the suspect returned to the room, he shot him twice in the upper torso, police said. Law enforcement have initially determined the shooting was justifiable because the suspect entered the home and threatened the occupants… (Again, we see the benefit of keeping a handgun holstered inside the home – what if the child had not created the necessary distraction?)

http://www.swtimes.com/week-in-review/news/article_435f0846-fa3d-11df-be52-001cc4c002e0.html
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Unexplained Tragedy: A 10-year-old boy shot and killed his 7-year-old brother Saturday in a hunting accident near Wingina in Nelson County, according officials. The boys were accompanied by their father on private land when, at about 4 p.m., the 7-year-old shot at a deer with a pellet gun, missing it completely, according to Julia Dixon, spokeswoman for the state's Department of Game and Inland Fisheries. The 10-year-old tried to follow up with the .410 shotgun he was carrying, but as he raised the gun, his brother ran into the line of fire, according to a statement from Dixon… It wasn't clear Saturday what type of pellet gun the 7-year-old was using, but under Virginia law, hunters may only pursue deer with rifles of at least .23 caliber. Most commonly available pellet guns and air rifles are of .177 or .22 caliber. Under Virginia law, hunters younger than 12 must be "immediately supervised" by a licensed adult. Additionally, Fauquier and Chesterfield counties have regulations requiring that minors with guns on public roads or lands be accompanied by an adult… (It would certainly seem to be a corollary of Rule Four not to place yourself in front of someone else's muzzle but I have seen students not only do so but place their hands in front of their own muzzles. I have no idea what a pellet gun was doing on a deer hunt.)

http://www2.dailyprogress.com/news/2010/nov/27/boy-7-shot-hunting-accident-ar-680054/
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Here's a Thought: I read a lot about mindset and what it takes to be a (insert your favorite here cop, operator, warrior, etc.). Then I take a look at the people who are saying this stuff and I wonder: If you have the warrior mentality, why not use that to push yourself away from the dessert tray? You might think you can "Keep going and continue the fight no matter what" but if you can't even make time for 30-minutes of exercise three times a week... don't tell me how you are going to drive on when the going gets tough. There is not reason at all you can't get up out of bed each morning and do 30 push-ups. Unless you can't do 30 push-ups. And if you won't even try... well then, I'm not too worried about your gun or your knife or your mall ninja cred. If you don't take the smallest step to get yourself in shape, my guess is you don't really tie up a lot of time training you other skills…

http://www.tacticalgearmag.com/profiles/blogs/can-you-step-it-up
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Army Unveils New "Rifle": Since the dawn of modern warfare, the best way to stay alive in the face of incoming fire has been to take cover behind a wall. But thanks to a game-changing "revolutionary" rifle, the U.S. Army has made that tactic dead on arrival. Now the enemy can run, but he can't hide. After years of development, the U.S. Army has unleashed a new weapon in Afghanistan – the XM25 Counter Defilade Target Engagement System, a high-tech rifle that can be programmed so that its 25-mm. ammunition does not necessarily explode on impact. Instead, it can be set to detonate either in front of or behind a target, meaning it literally will go through a wall before it explodes and kills the enemy. It also has a range of roughly 2,300 feet – nearly the length of eight football fields – making it possible to fire at targets well past the range of the rifles and carbines that most soldiers carry today. (This is actually an airburst, long-range grenade launcher - http://en.wikipedia.org/wiki/XM25_Individual_Airburst_Weapon_System.)

http://www.nationalreview.com/the-feed/254013/meet-armys-latest-rifle

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