Wednesday, April 21, 2010

04-21-10

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


Big Brother and the RKBA: Much to the surprise of many, President
Obama's first year in office has not featured a push for new gun
control legislation. In fact, not only has he not pushed for new
legislation, he has actively resisted calls by gun control groups
while signing legislation allowing open and concealed carry in
National Parks and Wildlife Refuges as well as allowing firearms on
Amtrak trains. In fact, the Brady Campaign is so up upset with
President Obama that they rated him an 'F' on their annual report
card. In a report issued on January 18th of this year, they noted that
in just one year, President Obama has "signed into law more repeals of
federal gun policies than in President George W. Bush's eight years in
office." I must admit that this sentence in their report brings a huge
smile to my face every time I read it! …President Obama's gun rights
transformation is proof, not of a change in his core beliefs, but of a
change in America itself as gun rights escapes the historical bounds
of hunting and becomes mainstream. In order to maintain the momentum
of this trend, it is incumbent upon those of us who believe
first-and-foremost in gun rights, to continue to reach out to gun
owners of all political and ideological persuasions and welcome them
with open arms. (Rose-colored glasses? I think it's just a matter of
the regime's perception of the political realities of the moment.
Recall that Rahm Emanuel's motto is never to let a good crisis go to
waste.)

http://www.examiner.com/x-3253-Minneapolis-Gun-Rights-Examiner~y2010m4d19-The-Obama-Administration-Year-One--The-flight-from-gun-control
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Bloomberg, Cronies Renew Attack on Gun Shows: On the 11th anniversary
of the Columbine shootings, Mayor Bloomberg's Mayors Against Illegal
Guns has launched a new campaign to pressure Congress to close the
so-called "gun show loophole" that allows firearms to be sold without
background checks. The campaign includes an on-line petition drive and
a series of ads that reference the Colorado high school massacre and
also note that both President Obama and his GOP opponent, Sen. John
McCain, pledged to close the loophole during the 2008 campaign. The
ads target both Democrats and Republicans, including: Sen. Scott Brown
(MA), Sen. George Voinovich (OH), Sens. Olympia Snowe and Susan
Collins (ME), Sen. Mark Udall (CO), and Sens. Mark Warner and Jim Webb
(VA)…

http://capitaltonight.com/2010/04/bloombergs-latest-salvo-against-guns/
http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2010m4d19-Gun-show-loophole-myth-getting-another-push

Mayors Against Illegal Guns, a group organized by New York City Mayor
Michael Bloomberg, is running TV ads in the state urging Maine's U.S.
senators to vote for legislation requiring background checks on all
gun sales at gun shows, but opponents say the bill goes much further
than that. "We need to close this loophole," said Lewiston Mayor Larry
Gilbert. "Having dealt with criminals throughout my whole law
enforcement career of some 33 years, I know we need to get this
loophole closed." … Gilbert said the campaign has the support of at
least three other mayors in Maine, and he expects there may be other
mayors who also support the legislation. In addition to Gilbert, the
other Maine supporters listed on the group's website are Arthur Verow,
mayor of Brewer; Jill C. Duson, mayor of Portland, and Roland Michaud,
mayor of Saco… Jeff Weinstein, president of the Maine Gun Owners
Association, said the legislation being supported by the mayors goes
way beyond requiring criminal background checks. He believes the
proposal violates several provisions of both the U.S. and state
constitutions… (A poll is posted along with the article.)

http://www.bangordailynews.com/detail/141667.html
---

Oklahoma FFA Heads to Governor: A bill exempting guns or ammunition
made in the state from federal regulations would endanger state law
officers, a lawmaker warned Tuesday. "If this bill were to pass and
become law, it will make law enforcement in Oklahoma a very, very
dangerous job," said Rep. Paul Roan, a retired Oklahoma Highway Patrol
trooper. "It's going to put weapons back on the street that have been
made illegal over the years. This is just a bad, bad law," said Roan,
D-Tishomingo. Rep. Charles Key, the House author of Senate Bill 1685 -
known as the Oklahoma Firearms Freedom Act - said the measure is about
protecting Second Amendment gun rights for Oklahomans. SB 1685 is on
the way to the governor after it cleared its last legislative hurdle.
The House of Representatives easily passed the measure 81-14 Tuesday.
Only Democrats opposed it in the chamber, which is controlled 62-39 by
Republicans… Rep. Rex Duncan, R-Sand Springs, said the governor has
been supportive of gun rights in the past. Duncan said he's optimistic
Henry will side with "the rights of the people" and not with the "gun
grabbers of the world." Key, R-Oklahoma City, said the Constitution's
interstate commerce clause applies only in situations involving
commerce across state lines…

http://newsok.com/article/3455644
---

Kansas Clarifies Self-Defense: You wouldn't think that it would take a
statute to do this. After all, if it's OK to kill someone to defend
against a threat of death or serious injury, the lesser harm of
threatening to kill someone should be fine, too. But last year the
Kansas Supreme Court held that existing Kansas law only allowed a
defense for actual use of force, which didn't include threats; earlier
this year, the Kansas Court of Appeals faithfully applied this
principle. Fortunately, the Kansas Legislature (apparently prompted by
the urging of gun rights advocates) passed a law that - among other
things - makes clear that threats of force should qualify as
justifiable self-defense, to the same extent that the actual use of
force qualifies; and just yesterday, the governor signed the bill.
Good work.

http://volokh.com/2010/04/20/kansas-now-allows-threat-of-deadly-force-in-self-defense-and-not-just-use-of-such-force/
---

Georgia RKBA Bill Stuck in Committee: The legislative session is
running down to the wire now.  Sine die, the day the legislature
breaks and all legislation is finished for this session, is next week,
on Thursday, April 29.  SB 308, in order to become law, must pass out
of the Judiciary Non Civil Committee, where it currently resides, be
put onto the floor for a vote, and then go to a conference committee
where any differences between House and Senate versions can be
reconciled.  Following the conference committee, SB 308 must then go
back for a vote of approval in both the Senate and the House.  The
General Assembly is in session today and tomorrow and will be back in
session on April 27… The Judiciary Non Civil Committee will probably
hear SB 308 in full committee tomorrow or Thursday.  It is not yet on
the calendar.  Expect more attempts at hostile amendments to weaken
its impact and infringe upon your liberty. Recommendation:  Contact
the members of the committee and the Speaker of the House to make sure
they know your thoughts on SB 308.

http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2010m4d20-GA-Bills-SB-308-Update
---

NRA Still Fighting Pittsburgh Ordinance: The National Rifle
Association skirmished with the city of Pittsburgh and a gun-control
group in Commonwealth Court on Tuesday over an ordinance requiring
city residents to report lost or stolen handguns to police. At issue
was whether the NRA and four other plaintiffs - all city residents and
gun owners - have standing to challenge the legality of the ordinance.
The three-judge panel heard arguments from the NRA and from the Brady
Center to Prevent Gun Violence, a Washington, D.C.-based group that
represented the city. NRA attorney Meghan Jones-Rolla said she
expected the panel to issue a ruling in a few months, but noted that
the decision could be appealed to the full Commonwealth Court. The
judges questioned the parties about the harm, or lack thereof, the
ordinance poses to the plaintiffs and gun owners generally. "Doesn't
it have a chilling effect on current gun owners?" Judge P. Kevin
Brobson asked… (This is Pennsylvania. To paraphrase a more common
slogan, "What part of preemption don't you understand?)

http://www.post-gazette.com/pg/10111/1052053-53.stm
---

Virginia Battles over Eddie Eagle: The Virginia General Assembly has
directed the state's Board of Education to develop course materials
for teaching gun safety to elementary school children that incorporate
the guidelines of a National Rifle Association program. The measure,
approved during the legislature's recently concluded annual session,
allows local school boards to choose whether to implement the program.
A leading Democrat in the state Senate had amended the bill to allow
the state board to also incorporate materials from a second group, the
National Crime Prevention Center. But Gov. Robert F. McDonnell (R) has
proposed stripping the amendment from the bill, leaving the reference
only to NRA material. A McDonnell spokeswoman said there is no such
group as the National Crime Prevention Center. The similarly named
National Crime Prevention Council, best known for its McGruff the
Crime Dog programs, did develop a gun safety curriculum several years
ago, but a spokesman for the group said it has not been updated in
several years. Advocates for an alternative to the NRA program
acknowledged the error in the crime-prevention organization's name,
but said McDonnell could have proposed correcting the group's name
rather than removing it entirely… (Eddie Eagle is a very rudimentary
program that simply teaches kids not to touch a firearm but t walk
away and alert an adult.)

http://www.washingtonpost.com/wp-dyn/content/article/2010/04/20/AR2010042003752.html?hpid=sec-education
---

With Friends Like These…: As a strong proponent of the Second
Amendment, I am personally pleased to see the passage of this law
permitting constitutional carry in Arizona.  However, there has been
some significant controversy about several of the potential outcomes
of this law.  While I won't repeat the arguments for and against the
bill, as I have reflected on the passage of SB 1108 that provides for
constitutional concealed carry in Arizona, I began to think about what
is most often described as the "Law of Unintended Consequences"… (I am
not impressed by Mr. Little's list of negatives. Why is it the role of
the state to create and maintain jobs, full-time or part-time for
instructors such as myself? Arizona has never impaired the right of
individual citizens to carry exposed firearms so why should business
owners perceive a new need to post "no weapons"? Time will prove the
"public safety" concerns to be unfounded so why should someone
claiming to be an RKBA advocate seek to fan these embers into flames
at this point? Note that comments are invited. My only concern is
whether broadening the list of acceptable training sources may affect
the recognition of the Arizona CWP by some other states.)

http://www.examiner.com/x-25100-Phoenix-Gun-Rights-Examiner~y2010m4d16-Arizona-constitutional-carry-and-the-Law-of-Unintended-Consequences
---

California Open-Carry Ban Clears First Hurdle: California  lawmakers
are pushing ahead with legislation to ban carrying unloaded firearms
in public, even as the U.S. Supreme Court weighs a complex case that
could eventually override the rights of states to regulate guns. The
Democrat-controlled Assembly Public Safety Committee passed the
measure 4-2 on Tuesday, over the objections of onlookers who are part
of an "open carry" movement frustrated by what they see as government
infringement of their constitutional rights to bear arms. Carried by
Assemblywoman Lori Saldana, D-San Diego, the proposed prohibition has
drawn national attention. Saldana's measure would not upend current
law allowing those with permits to carry concealed weapons, even
loaded. San Diego County Sheriff Bill Gore said he has issued permits
to about 95 percent of those who apply. There are about 1,500 of those
permits in the county. In an interview, Gore said the controversy over
issuing permits "somehow gets turned into an anti-Second Amendment
position." But, he said, "our responsibility is to enforce the laws of
the state." … (No surprise here… Gore lies – state law provides for
issuance "for good cause." Some sheriffs or chiefs consider
"self-defense" to be good cause while others demand prove of the
applicant being the object of a specific threat that is not mitigated
by ordinary law-enforcement or the return of a political favor.)

http://www.signonsandiego.com/news/2010/apr/21/committee-approves-open-carry-ban/
---

Will DC Appearance Boost California Sheriff Candidate?: The Washington
Times has posted an article featuring Orange County sheriff's
candidate Bill Hunt and his pro-gun speech yesterday at the Washington
Monument in the nation's capital. "The Second Amendment should be the
litmus test for anybody seeking election," Hunt told the crowd,
according to the Times story… The rally was organized to protest
anti-gun laws. Hunt, a former sheriff's lieutenant, and Craig Hunter,
deputy chief of police in Anaheim, are attempting to defeat appointed
Sheriff Sandra Hutchens in the June 8 election for control of the
Orange County Sheriff's Department.

http://blogs.ocweekly.com/navelgazing/politics/bill-hunt-sells-guns-to-washin/
---

Oops, Wrong Bus: A wild crime spree ended in gunfire Tuesday when a
citizen shot a suspect who was trying to hijack a Metro bus, Houston
police said. According to HPD, it all began at about 5:30 p.m. when
Henry Hankston III, 37, carjacked a person who was visiting friends at
a residence in the 5200 block of Fair Green in southeast Houston…
Hankston fled northbound on Martin Luther King.  About a block away
from the carjacking, he struck the first vehicle and continued
driving, Torres said. "When he got to the intersection, he hit three
other vehicles until he got to the point where his vehicle was
disabled, got out of that vehicle and ran up to a bus that was turning
through the intersection," Torres said. Torres said the suspect
entered the bus and began assaulting the driver, in an apparent
attempt to hijack the bus, until the driver of a car idling behind the
bus noticed what was happening… "This person is a licensed concealed
handgun carrier.  He got out of the vehicle [and] went to the bus to
try to intervene in the assault that was taking place," he said. "He
did pull the suspect away from the driver and engaged in a physical
confrontation with the suspect." As the two men struggled, the gun
discharged and struck the suspect in the upper abdomen, Torres said…
(It's hard to tell if that's simply "police talk" or if the armed
citizen intentionally shot the would-be hijacker.)

http://www.khou.com/news/LIVE-VIDEO-Police-investigate-shooting-multiple-car-wreck-91655614.html
---

Tangentially Related: On the linked page are separate links to
profiles of ten candidates reported to be on Big Brother's short list
for nomination to the forthcoming vacancy on the Supreme Court.

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202447885901&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20100421NLJ&kw=Who%20will%20replace%20Stevens%3F&hbxlogin=1

President Obama is trying to pack courts with far-left judges who are
hiding their fringe opinions from the public and congressional
oversight. Front and center is 9th U.S. Circuit Court of Appeals
nominee Goodwin Liu. Just as now-Justice Sonia Sotomayor performed
during her confirmation hearings, Mr. Liu did verbal backflips while
trying to escape his own past writings and speeches during
confirmation hearings on Friday. His rhetorical gymnastics and the
worrisome substance he was trying to escape merit greater attention in
coming weeks. For now, there is one subject area that does not allow
shades of gray and on which his flips can't obfuscate his unacceptable
views. That topic is the trendy leftist belief that foreign law should
be consulted in interpreting the U.S. Constitution. It's a profoundly
wrongheaded notion…

http://www.washingtontimes.com/news/2010/apr/21/liu-beholden-to-foreign-law/

Actress Janine Turner is best known for starring in the TV shows
"Northern Exposure" and "Friday Night Lights." Now she wants to shine
the light of greater exposure on the U.S. Constitution - combined with
a big dose of star appeal. Her new project is well worth watching, and
applauding. Along with longtime political grass-roots organizer Cathy
Gillespie, Miss Turner has founded the organization Constituting
America to help promote greater knowledge and understanding of our
Constitution. Through student contests, school projects, celebrations
of Constitution Day and multimedia efforts, the organization intends -
in the words of a recent essay by Miss Turner - to "shift our country
back to its founding principles." …

http://www.washingtontimes.com/news/2010/apr/21/tinseltown-civics-lesson/
---

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