Friday, January 15, 2010

01-15-10

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

GOA's State of the Union on the RKBA: By the end of the month,
President Barack Obama is expected to give the State of the Union
address.  Oh, what a year it's been.  It was almost a year ago that
President Obama took his oath of office.  But soon after he raised his
right hand and promised to "preserve, protect and defend" the
Constitution, Americans became engaged in the fight of their lives to
safeguard their liberties.  The extremist Obama administration began
pushing an anti-gun, socialistic agenda of the kind that most
Americans have not seen in their lifetimes. The President began
placing gun-hating radicals in high positions of power - both in the
executive department and in the courts - and he pushed a socialistic
gun control agenda that kept gun owners busy throughout 2009.  Yet
through it all, Gun Owners of America rallied the troops to oppose the
President each and every step of the way.  Some battles we lost.
Others we won.  Some are still at a stalemate.  Regardless, this 2009
review should encourage you.  It shows that even though every
institution in Washington is slanted against us, we can slow down,
stop or reverse the march towards gun control…

http://gunowners.org/a011410.htm
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But the Real Culprit Was the Gun Ban: A Pentagon inquiry into the case
of the alleged Fort Hood shooter could lead to punishment of up to
eight Army officers, a U.S. official said late Thursday. Defense
Secretary Robert Gates was expected to refer findings on the officers
to the Army for further inquiry and possible punishment. The report on
what went wrong in the case of Army Maj. Nidal Hasan, who is accused
in the shootings, is expected to be released Friday. The official said
a Pentagon inquiry finds fault with five to eight supervisors who knew
or should have known about the shortcomings and erratic behavior of
the shooting suspect. Hasan is accused of killing 13 people at the
Texas Army base on Nov. 5. The officers supervised Hasan when he was a
medical student and during his early work as an Army psychiatrist at
Walter Reed Army Medical Center… (Rest assured that rather than even
criticize those responsible for maintaining defenseless-victim zones
at Ft. Hood and other military bases, such policies will only be
intensified.)

http://www.washingtonpost.com/wp-dyn/content/article/2010/01/15/AR2010011500038.html?hpid=sec-nation
---

NRA Plugs Brown in Crucial Senate Race: The National Rifle Association
became the latest group to enter the Massachusetts senate race this
week, spending a bit under $20,000 to mail four-color postcards to Bay
State voters, according to a filing with the Federal Election
Commission. The mailing is, not surprisingly, on behalf of Republican
Scott Brown. In the last few days the race to replace the late Sen.
Ted Kennedy has become a magnet for political dollars from national
groups who see the contest as being about the filibuster-breaking 60th
Democratic senate vote and the fate of healthcare reform. Indeed, the
NRA's $20,000 foray is fairly low-key compared to other sums that have
been spent, mostly on television ads. According to the Washington
Post's Chris Cillizza, the heavy hitters include the Democratic
Senatorial Campaign Committee with almost $1 million, the Service
Employees International Union with $529,000, and a labor-backed 527
called Citizens for Strength and Security plunking down $278,000 all
supporting Coakley. Brown's allies include the Chamber of Commerce,
with $443,000, the American Future Fund with $375,000 and Americans
for Responsible Health Care with $204,000. Cillizza reports that
overall Coakley's allies are outspending Brown's by 2-1. Add the NRA's
drop into Brown's bucket. Interestingly, the National Republican
Senatorial Campaign still doesn't seem to have sunk any cash into the
race. (This race could cost the Democrats their 60-seat guarantee in
the Senate.)

http://www.usnews.com/blogs/robert-schlesinger/2010/01/14/nra-fires-off-mailing-for-scott-brown.html
http://campaignspot.nationalreview.com/post/?q=NjM4NDE3MGJiNDI0Y2Q1OTJkNWYxNmM1Y2ZiYzU4Mjk=
---

F Troop Record Errors, Part 2: Yesterday we looked at a real-world
example illustrating both the inaccuracy of the Bureau of Alcohol,
Tobacco, Firearms and Explosives' National Firearms Registration and
Transfer Record (NFRTR) as well as explored potential dangers gun
owners could face as a result. Today we're going to document the
probability that this was not just an isolated case, but an indication
of system-wide incompetence, negligence, deception and cover-up that
reaches throughout and beyond the agency, extending to those charged
with providing audit oversight. We've also talked about the Friesen
case. CliffsNotes version: The feds had a man on a machine gun charge
that could have resulted in a felony conviction if found guilty - but
they folded after it became clear the integrity of the NFRTR would be
exposed and their ability to rely on it in future cases would be
jeopardized…

http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m1d14-Have-officials-willfully-conspired-to-cover-up-ATF-record-errors
---

When Governments Ignore the Law?: When individual citizens ignore the
law and carry on as they please, they can be prosecuted in civil or
criminal courts, to punish their behavior. But what happens when
government ignores the law because elected officials have a
philosophical disagreement with the letter and the spirit of said law?
What are the citizens to do? … The same disregard for law has now been
exhibited by four Democrats (remember which political party they
represent; an old Bob Hope film clip sums up hilariously how a growing
number of people, especially gun owners, look at Democrats as zombies)
on the Snohomish County Council, according to angry gun owners.
Republican Councilman John Koister, who declared that he is now
running for Congress against Democrat incumbent Rick Larsen in the 2nd
District, had implored his colleagues to amend a 1971 ordinance
banning guns in county parks. That ban was clearly voided by the 1983
state statute, RCW 9.41.290. I discussed the issue here on Tuesday,
but just in case Koster's colleagues are still not clear, here's what
the statute says in plain English: Local laws and ordinances that are
inconsistent with, more restrictive than, or exceed the requirements
of state law shall not be enacted and are preempted and repealed,
regardless of the nature of the code, charter, or home rule status of
such city, town, county, or municipality. There is not a lot of wiggle
room here…

http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2010m1d14-What-happens-when-governments-ignore-the-law
http://www.heraldnet.com/article/20100114/NEWS01/701149939
---

Georgia RKBA Bills Subjected to the Usual Attacks: Jeff Wilburn of
Marietta is not a fan of Rep. Tim Bearden's bill, HB 615, or Sen.
Mitch Seabuagh's bill, SB 308, either of which would repeal Georgia's
unique public gathering law.  In a pair of editorials today in the
Atlanta Journal Constitution, Tim Bearden writes a defense of why he
believes HB 615 is necessary, and Jeff Wilburn writes an article
opposing any reform of Georgia law.  Mr. Wilburn writes, "Left
unchecked, these lawmakers will take us back to the wild west days of
shootouts at the OK Corral. Their desire is to appease gun
manufacturers, whose profits are the root cause of this push, and
their lobbyist arm, the NRA, rather than the majority of Georgia
citizens." Overlooking for now that the shootout at the OK Corral was
actually the result of overly aggressive enforcement by police
officers of a strict gun control law in Tombstone, Arizona, is Mr.
Wilburn's hysterical prediction of "wild west days of shootouts"
worthy of serious consideration in the debate over these two bills?
Opponents of decriminalizing handgun carry in restaurants that serve
alcohol and state parks made similar predictions in 2008 that failed
to materialize.  Opponents of decriminalizing handgun carry in the
crowded confines of MARTA trains fought vigorously against a perceived
danger of "vigilantism" and shootouts, even calling for bullet-proof
shields to protect drivers, but they have grown conspicuously silent
as murder and robbery rates actually declined in the wake of the new
law and no reported misuses of firearms by lawful carriers have
occurred…

http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2010m1d14-Will-HB-615-result-in-shootouts-at-the-OK-Corral?cid=exrss-Atlanta-Gun-Rights-Examiner
---

Ohio Restaurant-Carry Hearing Next Week: House Bill 203, which seeks
to "allow a concealed carry licensee who is not consuming liquor and
is not under the influence to carry a concealed handgun in a retail
food establishment or food service operation with any class liquor
permit issued for the location," has been added to the House Committee
on Public Safety and Homeland Security agenda for sponsor testimony
today, Tuesday, January 19 at 3:00pm in Statehouse Hearing Room 122.
The purpose for Tuesday's hearing is so that the committee may hear
testimony on HB203 from the legislation's supporters. Buckeye Firearms
Association will offer testimony in support of this legislation…

http://www.buckeyefirearms.org/node/7073
---

Oklahoma Firearms Freedom Act Proposed: To strengthen the Second
Amendment rights of Oklahomans, state Rep. Lewis Moore has filed
legislation to deter frivolous lawsuits against gun manufacturers. "In
recent years gun-control fanatics have used litigation to indirectly
undermine our constitutional rights. By filing frivolous lawsuits
against gun manufacturers, they have attempted to put those companies
out of business and, for all intents and purposes, block access to
firearms and gut the Second Amendment of the U.S. Constitution," Moore
said. "My legislation will prevent fanatics from abusing our courts in
that fashion and protect the fundamental constitutional rights of
working Oklahomans." House Bill 2884, creates the "Oklahoma Firearms
Freedom Act," which declares that a "personal firearm, a firearm
accessory, or ammunition that is manufactured commercially or
privately in Oklahoma and that remains within the borders of Oklahoma
is not subject to federal law or federal regulation, including
registration, under the authority of Congress to regulate interstate
commerce." … (This is the first of the firearms-freedom acts I have
seen touted as a means to deter frivolous lawsuits. In fact, federal
law already bars them.)

http://www.koco.com/mostpopular/22242797/detail.html
---

Indiana Confidentiality Bill Advances: A House committee unanimously
voted today to keep secret information about people who have permits
to carry a handgun. House Bill 1068, authored by Rep. Peggy Welch,
D-Bloomington, is aimed at newspapers, including The Indianapolis
Star, which has published stories and databases based on gun permit
information. The Indianapolis Star database does not identify gun
owners by name or address, but instead lets people search for
demographic information on gun permits by zip code. The Star used
information gleaned from the permits for stories published in October
which found that people with violent histories had been given gun
permits, in some cases over the objections of local police… The bill
would allow general information about gun permits to be released for
journalistic and academic research, but would bar the release of
names, addresses and other personal information which had allowed The
Star to identify people whom police felt should not have gun permits.
The bill now goes to the full House for debate. The House Natural
Resources Committee also heard testimony on a bill which would require
companies to let people bring guns to work, so long as they were kept
in a locked vehicle. A vote was delayed on that bill, in order for the
committee to work on possible amendments to placate businesses. The
Indiana Chamber of Commerce and the Indiana Manufacturers Association
both opposed the bill, saying it deprived businesses of their right to
decide whether weapons should be on their personal property…

http://www.indystar.com/article/20100114/NEWS05/1140494
---

Arenas Charged with Felony: Washington Wizards guard Gilbert Arenas
was charged Thursday with felony gun possession in connection with a
Dec. 21 locker room confrontation with a teammate. Prosecutors charged
Mr. Arenas with one count of carrying a pistol without a license,
which carries a maximum penalty of five years in prison. The charges
were filed in D.C. Superior Court in an information, a document that
often signals a plea deal…

http://www.washingtontimes.com/news/2010/jan/15/wizards-arenas-charged-felony/

Gilbert Arenas was charged Thursday with a single count of carrying a
pistol without a license, a felony that carries a five-year sentence,
but the Washington Wizards guard has reached a plea agreement that
could result in much less or even no jail time, several  sources close
to the case said. Arenas is scheduled to plead guilty Friday afternoon
before D.C. Superior Court Judge Robert E. Morin, who must decide
Arenas's sentence… Two witnesses told The Washington Post that
Crittenton then pulled his own gun, loaded it and cocked it. He never
pointed it at anyone, the witnesses said, and the situation soon
calmed down. And just hours before the charges against Arenas were
filed on Thursday, Arlington and D.C. police searched Crittenton's
home looking for the gun, according to sources familiar with the
investigation and court papers… Defense attorneys who have battled
District prosecutors on behalf of clients who had similar gun
possession charges are watching the case closely to see if Arenas
receives any special treatment. "It's rare prosecutors allow
defendants to plead down," said attorney Nikki Lotze… (It would appear
that a similar case is being built against Crittenton.)

http://www.washingtonpost.com/wp-dyn/content/article/2010/01/14/AR2010011403502.html?hpid=topnews
---

DC Democrat Admits to Illegal Firearm Possession: … Johnson explains
his vote this way: The Democratic State Committee, last year, approved
another resolution, expressing the sense of the committee that the
District shouldn't accept a vote in the House of Representative if
that meant, as it did at the time, allowing Congress to wipe out city
gun laws. The way Johnson sees it, the DCDSC has its chance to ask for
voting rights, and they blew it… Johnson also informed LL that he in
fact owns a gun, which he keeps in his home - "and I take it out with
me, too." He purchased his piece legally from a gun dealer, but he
hasn't registered that weapon with the Metropolitan Police Department,
as he's required to do under the city's current gun laws (as Gilbert
Arenas now well knows). "It's no big deal with me, owning a gun or not
owning a gun," Johnson says, saying he "doesn't understand" why he
needs to take his firearm down to police headquarters and go through
all the legal rigmarole. "I'm not going to register mine."

http://www.washingtoncitypaper.com/blogs/citydesk/2010/01/14/local-democrat-explains-vote-against-voting-rights-admits-illegal-gun-possession/
---

"Police Generally Advise Cooperation…": A 63-year-old convicted
murderer from Roslindale [MA] is facing charges that he killed again -
fatally shooting a Jamaica Plain convenience store clerk in a robbery
on the day after Christmas, even though the clerk had compiled with
his demands… In June 1973, when he was 27 years old, Corliss was
convicted of killing a 61-year-old store clerk in Salisbury, according
to court records and news clippings of that time. Corliss shot George
W. Oakes on Nov. 6, 1971 during a robbery attempt at Dot's Variety
Store, which Oakes ran with his wife, Doris. Corliss was sentenced to
life in prison for second-degree murder but was paroled in 1991. He
was taken back into custody three months after his release. In May
2006, the parole board voted 5-1 to allow him to be released to Bridge
House, a long-term residential program… Police said Dangol appeared
calm and offered no resistance during the robbery, never making any
sudden moves, according to surveillance camera footage. Authorities
said the crime was shocking because Dangol had done everything right
and was gunned down in cold blood for a small stack of bills…

http://www.boston.com/news/local/breaking_news/2010/01/suspect_faces_c_1.html
---

Life in California: On January 9, 2009, Phillip Dominguez drove into
Los Angeles International Airport (LAX), as he has done many times
before, to pick up a friend at the airport before they went straight
from the airport to a local shooting range. Due to a random stop his
car was searched and he was arrested when firearms were found in his
truck. Mr. Dominguez' truck was pulled over as part of a random search
of vehicles entering the airport by airport security police . Officers
discovered 16 firearms and just over a thousand of rounds of
ammunition, which Mr. Dominguez had planned to use at the range with
his friend later that day. Amongst the firearms the officers found was
a lawfully registered "assault weapon" with the registration paperwork
attached to the stock of the firearm. Nonetheless, police took Mr.
Dominguez' truck to the local airport police station and conducted a
more thorough search of the truck. Among other things, officers then
found a Springfield Armory M1A Socom with a grip-pod (exhibit 1), a
Kel-Tec SU-16 (alleged be an "assault weapon" with a "flash
suppressor" which actually was a muzzle brake) (exhibit 2), and a
Spike's Tactical model ST22 (alleged to be an AR "type" "assault
weapon," despite the firearm being rimfire) (exhibit 3). All of the
other firearms were locked in their containers except for a handgun
allegedly secreted in the truck's center console between the truck's
front seat, along with two speed loaders… During the months following
the arrest attorneys from Michel and Associates P.C. worked with the
District Attorney's Office to resolve the case, pointing out multiple
errors in the legal designations by and opinions of the LAPD officers,
as well as mitigating factors that worked in Mr. Dominguez' favor.
These mitigating factors included Mr. Dominguez' lack of malicious
intent in possessing the firearms and original intent of taking the
firearms to a gun range when entering LAX to pick up his friend.
Ultimately Mr. Dominguez pled to a misdemeanor violation of possession
of a concealed firearm and received three years informal probation.
His right to possess firearms was not restricted…

http://www.calgunlaws.com/images/stories/Docs/victorylist2010/153497_1.pdf
---

Why We Prepare: Aid groups in Port-au-Prince said the relief effort
could be hampered by the deteriorating security situation as criminals
and desperate locals fought for the scarce resources… Inmates escaped
from the damaged main prison in Port au Prince on Tuesday when it
collapsed in the earthquake. Thieves were blamed for starting at least
one mass panic in the city's central square during the night,
spreading rumours that a tidal wave was coming so they could steal the
belongings left behind by hundreds of fleeing people… "All the
policemen are busy rescuing and burying their own families," said tile
factory owner Manuel Deheusch. "They don't have the time to patrol the
streets." With law enforcement stretched thin even before the
earthquake and the UN's 9,000 peacekeepers distracted by the collapse
of their headquarters and the loss of up to 100 staff, the country is
ill-equipped to deal with major unrest… Valmir Fachini, a spokesman
for the Brazilian charity Viva Rio charity, said he had not seen a
single UN peacekeepers on security patrol. "Unfortunately we aren't
seeing [peacekeepers] in the streets," he said. "We are hearing
several gunshots without knowing where they are coming from exactly.
Looting has started in the supermarkets, which have partly fallen
down," he said. "What is happening is that, if food doesn't arrive,
eventually the people will start looting houses. The gunshots are
constant and we have the impression that its families trying to
protect themselves from attackers." … (Police too busy taking care of
themselves and their families? It sounds like post-Katrina New
Orleans.)

http://www.telegraph.co.uk/news/worldnews/centralamericaandthecaribbean/haiti/6990801/Haiti-earthquake-law-and-order-breaks-down.html

… What made the situation that much more tense was sightings of gangs
of young men with machetes. On Wednesday they were seen getting into
stores and taking all the supplies they could carry. The armed men
were seen marching up and down the streets with machetes raised and
the competition among the gangs turned quite fierce. Fights between
gangs were seen on the streets. Machetes were flailing and it was
impossible to predict what would happen next. There was no sign of
police or any kind of law and order…

http://wcbstv.com/national/haiti.earthquake.haiti.2.1427143.html

Tangentially Related: … It's easy to blame poverty for the magnitude
of the devastation in Haiti this week, but poverty is the result of
poor governance. The island of Hispaniola provides a useful
comparative laboratory in this regard, like the Korean Peninsula or
the two Germanys during the Cold War. Haiti is on the western side of
the island, and the eastern two-thirds make up the Dominican Republic,
a functioning democracy with a relatively strong economy. The 2008 per
capita income in the Dominican Republic was $8,200, making it 119th in
the world. In Haiti, income was $1,300, ranking 203rd, the lowest in
the Western Hemisphere. Satellite images of the island clearly show
the divide between the two countries because of deforestation and a
lackluster agricultural sector on the Haitian side…

http://www.washingtontimes.com/news/2010/jan/15/haitis-voodoo-regime/
---

Failure to Stop as a Legal Defense?: A Washington County [PA]
hairstylist who claims she didn't know a .38-caliber handgun was a
"deadly weapon" will spend five to 20 years in prison for shooting a
dissatisfied client in the lower back. Forty-year-old Monique Reed, of
Washington, was convicted in May on aggravated assault and other
charges in the March 6, 2008, shooting of 28-year-old Lauren Newton.
Police say Ms. Reed shot Ms. Newton when she scuffled with the
customer and her sister about a hair weave Ms. Reed did for Ms.
Newton. Ms. Newton has recovered from her wound. Ms. Reed says she
fired two shots because the Ms. Newton sisters jumped her and didn't
realize "a .38-caliber could be considered a deadly weapon." Ms. Reed
told the judge who sentenced her yesterday, "That .38-caliber didn't
even take her down."

http://www.post-gazette.com/pg/10013/1027885-100.stm
---

We Call That a Clue: A 65-year-old man apparently drove through the
Cleveland [OH]  suburbs and randomly shot at moving cars several times
over the span of four months, authorities said Friday in announcing
his arrest. Paul Hausmann is suspected of shooting at four vehicles in
Berea and a fifth in Strongsville, his hometown, between mid-August
and mid-December, Berea Police Chief Mark Schulz said. No one was
hurt. There may have been other targets, the chief said… Hausmann was
arrested Tuesday on information developed from tips and charged with
felony assault and carrying with concealed weapons, Schulz said. He
had a revolver and ammunition "consistent with the caliber rounds
recovered at the shootings," Schulz said… Hausmann was arrested
Tuesday when he unexpectedly returned home while police had his home
under surveillance. He was wearing shooting earmuffs at the time, the
police chief said.

http://www.washingtonexaminer.com/nation/authorities-say-65-year-old-man-charged-with-shooting-at-vehicles-in-cleveland-area-81701012.html
---

Tangentially Related: … I learned something during my several combat
tours in the Persian Gulf region. The greeting in that part of the
world is a variation on "salaam" or "shalom." We tend to translate
this denotatively as "peace," suggesting merely an absence of war. But
that misses the beautiful connotation that this word has to the people
in the cradle of civilization. To them, "salaam" or "shalom" means
that everything is good and in its place. It implies a general feeling
of contentedness and peacefulness. This sense of a peaceful, contented
spirit is captured somewhat by our old holiday greeting of "peace on
Earth, goodwill toward men" — a wish to look at the positive and to
convey some extra regard and kindness to others… (Many instructors who
train people for lawful carry of firearms use the concept of the "cone
of peace" – essentially, if you find yourself in a quarrelsome mood,
it may not be a good idea to be carrying a deadly weapon. I suspect
that the condition that Col. Staats decries is more common in
jurisdictions like DC, which may not be polite societies because they
are not, as far as decent people are concerned, armed societies. Let
us not forget that the latter concepts should go together.)

http://voices.washingtonpost.com/local-opinions/2010/01/a_message_to_rude_dc_give_sala.html?hpid=voicesopinion
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