Thursday, January 7, 2010

Gun news 01-07-10

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




Can INTERPOL Really Seize your Firearms?: Recently, President Obama amended an Executive Order allegedly giving the International Criminal Police Organization (INTERPOL) additional powers within the United States. Press reaction has been mostly inaccurate, but Obama's action nevertheless highlights issues that all Americans should be concerned about: The balance of power between Americans, DC politicians, and the international community. Some writers verged on hyperbole. For example, the Anchorage Conservative Examiner alleged that Obama's amendment "signed away Americas [sic] rights under the US Constitutional protection of the 1st, 4th, and 5th amendments," heralding the arrival of the "New World Order." However, he based his conclusions upon an editorial at National Review, which was long on opinion and short on research… (Nemerov's points are well taken but I doubt that, prior to Hurricane Katrina, any residents of New Orleans would have thought that officers of the California Highway Patrol or other out-of-state agencies would have been able to make warrantless entry into their homes and forcefully seize their firearms. To my knowledge, none of those officers have been held to answer for such actions. Responding to Nemerov's closing paragraph [click link to read], perhaps sooner is better than later for placing further restrictions on what INTERPOL and the UN can do on US soil. Recall that there are justices on the Supreme Court who look to foreign law, ostensibly as a guide to how to interpret out own Constitution.)

http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2010m1d7-Obamas-Executive-Order-Can-INTERPOL-take-your-guns
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F Troop Invites Tracing by Latin American Countries: In a move to crack down on weapons from the U.S. that are funneled to drug cartels, police in Latin America will soon be able to track American gun sales in their own language, despite privacy concerns by gun-rights advocates. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives will begin testing this month on a Spanish-language version of eTrace, a computer system that law-enforcement agencies use to request traces of weapons by the ATF. The first users will be national police in Mexico, Guatemala and Costa Rica. The ATF is trying to catch U.S. buyers who help get weapons to drug runners. Because many foreign police officers do not speak English, the ATF hopes the new system will encourage more of them to submit information on guns seized from cartels for tracing, Scot Thomasson, a spokesman for the U.S. agency, said on Wednesday. The information is especially important for Mexico, which has been fighting a bloody crackdown on the cartels since December 2006. Mexican authorities complain that most of the traffickers' weapons are smuggled in from the United States… (Mexico has a long history of blaming its woes on the US, to cover up the corruption of its own government. The military-grade armament routinely used by the Mexican drug cartels, including grenades and full-auto AK-47's, is simply not available to private citizens in any significant quantity in the US in order to be smuggled into Mexico.)

http://www.azcentral.com/arizonarepublic/news/articles/2010/01/07/20100107guntracing0107.html
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NRA Seeks Voice in McDonald Hearing: The National Rifle Association asked the Supreme Court on Tuesday to allow its lawyer to take part in the oral argument March 2 in the case testing whether the Second Amendment restricts the power of state and local governments to pass gun control laws. It sought 10 minutes of time allotted to the individuals and groups that are pursuing the Amendment's extension, to put more stress on an alternative constitutional argument.  The request, the NRA noted in its motion, is opposed by the lead parties in McDonald, et al., v. Chicago (08-1521).  Those parties are expected to file a written opposition shortly.  The Court will consider the NRA request at its private Conference on Jan. 15… In their merits brief in the case, the NRA noted, Otis McDonald and the others appealing "have concentrated their argument on a Privileges or Immunities Clause theory that would require overruling at least three of this Court's precedents."  And, the motion added, only 7 pages of the 73-page McDonald brief discuss the Due Process Clause… The NRA maneuver brings further out into the open the strategic differences in pursuing the two alternative arguments…

http://www.scotusblog.com/wp/nra-wants-time-at-podium/

…In short, the NRA is unhappy that so much of McDonald lawyer Alan Gura's arguments in his brief rely on an attempt to revive the "privileges of immunities" clause of the 14th Amendment, as opposed to relying on what has generally been used in the past century to extend the Bill of Rights to the states, the "due process" clause of the 14th… (My take is that the NRA simply feels that "due process" is an easier route than "privileges and immunities" while others have misgivings about expansion of the appliation of the "due  process" clause.)

http://reason.com/blog/2010/01/06/the-nra-takes-on-mcdonald-v-ch

Meanwhile…: In a brief detailing the "serious threat" of armed violence by extremists and extremist groups, the Anti-Defamation League (ADL) today urged the U.S. Supreme Court to ensure that states retain the right to reasonably regulate the possession of firearms by those who practice and preach racial and ethnic violence… ADL's "friend of the court" brief in McDonald v. City of Chicago points to the long history of gun violence by anti-government and racist extremists.  The brief describes three such examples in detail: the June 2009 shooting at the U.S. Holocaust Memorial Museum in Washington, DC, by avowed anti-Semite and white supremacist James Von Brunn (an incident which left a security guard dead); the April 2000 shooting spree in Pittsburgh by white supremacist Richard Baumhammers (which left five dead); and the deadly standoffs in Waco, Texas in 1993 and Ruby Ridge, Idaho in 1992… (I was under the impression that the latter incidents are better examples of government malfeasance than threats to public order.)

http://www.adl.org/PresRele/SupremeCourt_33/5684_33.htm
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What's the Value of a Carry Permit?: I've lamented the struggle for people who openly carry firearms, particularly in Wisconsin where that's our only option to carry. However, Massachusetts, like 47 other states, observes the right of their citizens to carry a concealed weapon – with a permit, of course. However, to cops on a power trip, the law means nothing. Apparently, the same goes for the courts… Let's take a look at the case. In order for Stern's actions to be at all justifiable, there has to be reasonable suspicion, articulable by Stern. In other words, he has to be able to say exactly what Schubert was doing that made him suspicious enough to jump out of his patrol car and point his weapon at Schubert's face and disarm him. First, Stern claims that he noticed the gun under Schubert's jacket. Not good enough. Around 200,000-250,000 concealed carry permits are issued in Massachusetts every year. While I have not been able to find an exact count, the fact that the permits last for four years means there are around a million residents of Massachusetts legally carrying a concealed weapon at all times. In a state with seven million people, that means it's not uncommon for a person to be armed. Stern claims that several other people also saw the weapon and alerted Stern to it. Oh, wait…

http://hotair.com/greenroom/archives/2010/01/06/disgrace-circuit-court-rules-ma-concealed-carry-permits-are-worthless/
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Bloomberg Ally to Resign: [Baltimore] Mayor Sheila Dixon agreed to resign Wednesday as part of a deal with prosecutors, ending a three-year tenure that began with promise but unraveled amid embarrassing allegations that she stole from the poor. Dixon, 56, was convicted last month of misappropriating about $500 in gift cards donated to the city for distribution to needy families during her time as City Council president. Had she not agreed to step down, she could have been thrown out of office. On Wednesday, she entered an Alford plea to a charge of perjury, meaning she admits there is enough evidence to convict her on that charge but does not acknowledge guilt. It wasn't immediately clear how the plea will affect her embezzlement conviction. Her resignation is effective Feb. 4…

http://www.washingtontimes.com/news/2010/jan/06/baltimore-mayor-sheila-dixon-resign/

…After she satisfies the terms of her probation - including a $45,000 charitable contribution and 500 hours of community service - the convictions will be wiped off her record and she'll be free to run for public office again. The probation will last a minimum of two years, meaning she will be barred from running in the next citywide election in 2011. Dixon, a 56-year-old Democrat, also gets to keep her city pension, which she would have had to forfeit with a conviction on her record…

http://townhall.com/news/us/2010/01/07/baltimore_mayor_resigns_under_plea_deal?page=full
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Atlanta Reporter Invites Comments on Expansion of RKBA: HB 615 would make Georgia's list of places off limits resemble more liberal states like New Hampshire, Oregon, or, as has been written here before, California.  As with any bill that seeks to reduce Georgia's overly restrictive list of places where the right to bear arms is categorically prohibited, HB 615 has drawn its share of detractors, including those who help shape public opinion for the mainstream media. This morning, Maureen Downey, a long time reporter and editorial opinion writer for the Atlanta Journal Constitution, writes about HB 615 in her blog and invites your comments.  Ms. Downey is a bright and articulate reporter who writes about public policy issues with a focus on education in Georgia.  When it comes to bills affecting the right to bear arms, however, hyperbole and emotion sometimes get the best of her, especially if the bill also touches on school campuses.  Ms. Downey writes: "The proponents of this bill - and there are many in the General Assembly - argue that more guns in more places equals more safety. They want more guns in airports, restaurants and on college campuses. Somehow, they believe public safety is enhanced by drunk, emotionally unstable college kids with guns in dormitories or at frat parties." …

http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2010m1d6-Maureen-Downey-is-soliciting-your-comments-on-HB-615?cid=exrss-Atlanta-Gun-Rights-Examiner

Carrying guns in public might only be outlawed at the courthouse and the jailhouse under one of at least two major firearms bills expected to be before state lawmakers this year. Lawmakers don't officially converge on the state Capitol until next week for a session expected to focus mainly on bleak revenues and budget cuts. But already the firearms bill that might bring about the most sweeping changes is set Thursday to go before a House committee for a first hearing. Its sponsor, state Rep. Tim Bearden (R-Villa Rica), championed the law change in 2008 that allows Georgians who have the proper permits to carry guns at state parks, on mass transit and in restaurants where alcohol is served. Some areas of airports also would have been covered, but that provision was thrown out in court. The law is believed to have helped spark a statewide increase in gun permit applications. Bearden's latest bill would eliminate almost all of Georgia's public assembly restrictions, including those for churches and college campuses. Exceptions would keep guns out of courthouses, prisons and other facilities that house criminals…

http://www.ajc.com/news/gun-carry-expansion-bill-268589.html?cxtype=rss_news_128746
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This Year in the Florida Legislature: …At the end of this message is a list of gun bills already filed for the upcoming legislative session here in Florida. We're counting on your help, through financial support and activism, to help keep Florida gun rights safe. Already, an anti-gun south Florida Democrat has filed a bill to diminish Florida's Right-to-Carry law and yet another bill attempts to define "assault weapons" by placing a list of firearms and accessories into statutes - a scheme that anti-gunners have attempted for years…

http://www.ammoland.com/2010/01/06/upcoming-florida-gun-bills-that-effect-your-gun-rights/
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Hearing Scheduled for Ohio Restaurant-Carry Bill: Public Safety and Homeland Security committee chairwoman Linda Bolon's office has confirmed that House Bill 203, the bill Ohioans For Concealed Carry drafted in conjunction with Representatives Danny Bupb and Jarrod Martin, has been scheduled for its second reading and PROPONENT testimony on Tuesday, January 19 at 3:00pm. A room number will not likely be assigned until the prior week. This important fix would add restaurants to the current exemption that covers class D retail stores provided the licensee is not consuming alcohol.The bill was cosponsored by 16 other legislators, including Representatives Adams, J., Amstutz, Blair, Combs, Hall, Huffman, Jones, Jordan, Maag, McGregor, Sears, Snitchler, Uecker, Wachtmann, Wagner, and Zehringer. This hearing is for proponent testimony and anyone can speak in favor of the bill. Anyone interested in testifying is requested to provide 30 copies of testimony  to the office of House Public Safety and Homeland Security Committee Chairwoman Linda Bolon 24 hours prior to the meeting…

http://www.ohioccw.org/201001064749/restaurant-carry-bill-second-hearing-confirmed.html
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Indiana May Provide CCW Confidentiality: State lawmakers submitted a series of bills this week to protect the privacy of Hoosiers who hold gun permits. The proposed laws would prohibit the Indiana State Police from publicly releasing the names, home addresses and other identifying information about permit holders. Two of the bills bars all non-law enforcement sources from accessing the data. Current law allows anybody to purchase the state's full permit database for $32. It includes a permit holder's race, height, hair color, eye color and more. GunReports.com reported last week that the The Herald-Times newspaper had published parts of the state's permit database, raising privacy concerns for permitholders.

http://www.gunreports.com/news/news/Indiana-CCW-Permit-Data_1758-1.html?ET=gunreports:e608:183810a:&st=email
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Oops, Wrong Car: Philadelphia [PA] police were continuing their investigation on Wednesday afternoon of the fatal early-morning shooting of a robbery suspect by an off-duty officer. Authorities say the traffic cop was driving his own car near 7th and Willow Streets, just north of Callowhill, about 3:30am when a man jumped in, demanded cash and jewelry, and hit the officer with a gun: "During the course of the confrontation, the officer was able to get to his weapon.  It was discharged, and the male was struck." Lt. Frank Vanore says 23-year-old suspect Altariq Hutchinson of Edgewater Park (Burlington County) NJ, was pronounced dead a short time later at the hospital. The 55-year-old officer was treated for injuries to his face and head.  Officials recovered the gun they say was used to pistol-whip him…

http://www.kyw1060.com/Off-Duty-Officer-Shoots-Assailant-in-Spring-Garden/6048656
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Oops, Wrong House:
Charges are pending against a man who was shot in the chest by a Jarales resident while allegedly trying to break in. Valencia County Sheriff's Deputy Chris Trujillo said the shooting occurred shortly after midnight on New Years Day at a house on Mill Road. According to the deputy, the homeowner, whose name has not been released, heard someone trying to break into his home and called 911. When the suspect entered the house, the homeowner shot him once in the chest, Trujillo said. "The intruder was airlifted to University of New Mexico Hospital," Trujillo said. He said the suspect's condition was not immediately known Monday, but he is expected to face breaking and entering and other charges upon his release from the hospital. Police are not releasing the suspect's name until the charges have been filed. Trujillo said the homeowner is not being charged with any crime. "He was defending his property," Trujillo said.

http://www.news-bulletin.com/nb/index.php/news/1309-Burglary-suspect-shot-by-Jarales-homeowner.html
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British Cops Target Lawful Shooters:
Shooting groups are reporting a growing number of cases where officers in armed response vehicles and helicopters are swooping on people who are legally shooting. In many cases, the shooters are arrested and have had their guns seized. They are sometimes locked up and have their DNA taken, before police accept their error. The Countryside Alliance has described as "hysterical", the "massive overreaction" by officers, while the British Association for Shooting and Conservation (BASC) has warned that an incident could lead to a lawful shooter being killed by police marksmen. The problem has become so great, that the field sports' bible, Shooting Times, has launched an initiative – called the Campaign for Common Sense – to urge police to improve their dealings with field sports enthusiasts. The publication has also submitted a dossier detailing its complaints and proposals to a recent consultation by the National Police Improvement Agency (NPIA) on police firearm use…

http://www.telegraph.co.uk/earth/countryside/6677915/Shooters-complain-of-hysterical-police-response-to-legal-field-sports.html


Ruger Expands Handgun Offerings: For 2010, Sturm, Ruger will roll out the SR9c compact pistol and two more revolvers chambered for the .327 Federal Magnum round. The first extension of the SR9 striker-fired pistol family, the SR9c compact pistol weighs in at 24 oz. and features an overall length of 6.875", a height of 5.00", and the same 1.27" grip width as the full-sized SR9… The Ruger New Model Blackhawk and the Ruger GP100 revolvers now shoot the .327 Federal Magnum cartridge. The .327 Federal Magnum offers near-.357 Magnum performance with less recoil, pushing a 100-grain American Eagle load at 1,655 fps. "We worked with Federal Premium Ammunition to
introduce the first .327 Federal Magnum cartridge in our mid-sized SP101 revolver, and we're excited to expand this well-received round into our full-sized New Model Blackhawk and GP100 product lines," said Vice President of Sales and Marketing Chris Killoy… (So far, Ruger seems to have more luck with new revolvers than with new pistols. Compact pistols typically involve different geometry from their larger brethren so I repeat the dictum of "wait and see." As to the .327 Magnum, I'm sure it beats a pocketful of rocks but I have yet to see any data showing that it's better than several known entities of +P .38's. I'm surprised that Ruger opted to chamber it in the relatively large GP100 instead of the small, lightweight LCR but I imagine that doing so in the latter will require more engineering. Like the .22 Magnum, I suspect the .327 Magnum offers a high ratio of blast to actual power.)

http://www.gunreports.com/news/news/Ruger-SR9c-327-Federal-Magnum-Revolvers-New-Products_1753-1.html?ET=gunreports:e608:183810a:&st=email

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