Tuesday, September 14, 2010

09-14-10

By permission from Stephen P. Wenger http://www.spw-duf.info>
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Heller, McDonald, What's Next?: …What sort of gun laws might be successfully challenged in the wake of McDonald? Winkler suggested "New York City's extreme and discriminatory permitting scheme and California's refusal to approve certain guns designed for left-handed shooters." George Mason University law professor Nelson Lund thinks that a blanket ban on carrying weapons in public would be overturned as well, but few state restrictions go that far. UCLA professor Eugene Volokh says that laws barring people between the ages of 18 and 20 from owning guns are likely to fall. But Volokh cautions overexcited gun rights activists to remember that not every restriction on a constitutional right will be deemed unconstitutional. There is so much language in Heller and McDonald allowing for the constitutionality of reasonable regulations, says Moritz College law professor Douglas Berman, that "a court looking for a way to justify a gun regulation that is not a complete ban can come up with a basis." If judges don't want to justify a regulation, of course, they might decide to overturn it now. Given the ideological range among federal judges, we will surely see more circuit splits on gun issues, giving the Supreme Court further opportunities to define the parameters of the right to keep and bear arms. Important questions about the appropriate standard of scrutiny in Second Amendment cases are still up in the air… (This is from a fairly lengthy article but it is well worth reading in its entirety.)

http://reason.com/archives/2010/09/13/youve-come-a-long-way-baby
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The Beat Goes On:
While the pace has slowed from the past two years, guns continue to sell at a robust clip even as consumer spending overall remains flat, retailers and industry experts say. "Firearms sales have been at a fever pitch," said Brian Rafn, a portfolio manager at Milwaukee-based Morgan Dempsey Capital Management. "It's at peak and it's staying at peak." Among the investment company's holdings is firearms manufacturer Sturm Ruger & Co. In Wisconsin, the state Department of Justice handgun background check hotline had its busiest summer since the agency began tracking the numbers a decade ago. The last three months, June, July and August, calls to the hotline, which I assume would correspond very closely with sales, are running ahead of last year," said Gary Hamblin, administrator of the Division of Law Enforcement Services. "And last year was a banner year. When we hit June, for whatever reason, calls exceeded last year, which had previously been the high-water mark," Hamblin said. Firearms businesses have been swamped by a rush of buyers the past two years. Industry-watchers say those buyers were concerned that Congress and the Obama administration would pursue a gun control agenda. So far, that hasn't happened. Still, firearms sales continue to be brisk…

http://www.jsonline.com/business/102825504.html
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Don't Forget Your Antiperspirant: Police responded in force to reports of a man with a gun in Southeast Portland [OR] late Monday – only to find a confused customer and staff at a gun store. A passerby outside the Gun Room Inc., 5537 S.E. Foster Rd., called 9-1-1 about 6 p.m. to report that a man standing outside was holding a gun and looked "nervous and sweaty," said Sgt. Pete Simpson, a Portland Police Bureau spokesman. Area residents reported seeing officers surround the shop and set up a perimeter with assault rifles drawn. But police quickly realized the "suspicious" man was there to sell a gun. They left without issuing any citations, Simpson said…

http://www.oregonlive.com/portland/index.ssf/2010/09/post_38.html
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New Jersey Man Should Get Guns Back: …Brek, a guard at the airport at the time of that presidential visit in October, says he was only pointing out safety breaches during a lunchtime chat and was misunderstood. When police later found his collection of more than 40 guns, all but one of them were registered. Brek said he didn't realize that last gun, bought by his father, was stolen. Authorities backed off from the original felony charges, deciding Brek didn't pose a major threat. Psychiatrists for both the state and the defense agreed, finding that he is normal. But a judge in Newark still refused to return the gun collection to the avid deer hunter, who said he inherited them from his father and grandfather… The judge was erring on the side of caution, yet fundamental rights cannot be eroded because times have changed or people are worried. The man can still visit the White House, and he can still buy more firearms. He says he never meant to threaten anyone. So why take his gun collection away? (Not the position I would have expected from a newspaper in New Jersey.)

http://blog.nj.com/njv_editorial_page/2010/09/if_gun_owner_poses_no_threat_h.html
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Nashville Restaurant Guide: Along with hours, entrée prices, beer selections and smoking policies, diners and drinkers might want to know another key piece of information before choosing a restaurant or bar: Will anyone be packing? A new website will try to answer that question, letting diners know which Nashville establishments allow guns inside and which ones prohibit them. The site, www.gunfreediningtennessee.org, made its debut Friday in response to a new state law that allows gun carry permit holders to bear arms in any establishment that serves alcohol unless the owner explicitly bans guns. Permit holders aren't allowed to drink while carrying. Ray Friedman, a Vanderbilt University management professor, and his daughter, Toni, a Hume-Fogg High School student, started the website and a nonprofit organization, Gun Free Dining Tennessee.

http://www.tennessean.com/article/20100914/NEWS02/9140327/1009
http://www.gunfreediningtennessee.org/
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Oops, Wrong House: A Pinal County [AZ] grandfather shot two alleged burglary suspects inside an Arizona City home. The sheriff's office says 58-year-old John Miller was babysitting his grandchildren early Sunday when he heard a noise. He went to investigate and detectives say he confronted two teenagers who entered through the garage. A confrontation ensued and Miller shot both intruders. An 18-year-old was treated for a non-life threatening injury and a 16-year-old is listed in critical condition at Maricopa Medical Center. The sheriff's office said no charges are expected to be filed against Miller because he feared for his safety and that of his grandchildren… (Further, Arizona law accords him the presumption of reasonableness under it's castle doctrine.)

http://www.azcentral.com/community/pinal/articles/2010/09/13/20100913arizona-grandfather-shoots-2-burglary-suspects.html
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The Perils of House-Clearing: Sergeant Thomas Alexander was shot and killed while responding to a burglary in progress in Richland Parish, La. A woman had called 911 to report the sound of breaking glass. Sergeant Alexander responded to the scene despite the call coming from outside of the city limit. Alexander was the first officer to arrive at the scene and began searching the home. The three suspects were hidden inside and opened fire as he conducted the search. Responding deputies heard the shots as they arrived on the scene and took one of the suspects into custody inside the home. The two other suspects were apprehended a short time later… (I have no idea how tactically sound Sgt. Alexander's techniques may have been but I assume that they were probably better than that of the average citizen who drives home to find his front door ajar or who is alerted by the sound of broken glass and decides to clear his own home. While a rare occurrence, this incident highlights the danger of conducting a search in a confined area, where one or more determined intruders have a multitude of opportunities to create ambushes. Stay in the designated safe room unless you must protect innocent life in another portion of the home.)

http://www.policeone.com/police-heroes/articles/2655197-La-sergeant-shot-killed-during-burglary/
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Keep It Simple: Keeping things simple makes our tasks easier. Simplicity is a key element to mastering the complexities of combat. Simple physical actions, mental calculations, and equipment improve your performance. This is exponentially true as the stress factor rises, which is the case during a life and death confrontation. There are two ways to simplify - through the elimination of material, cutting out excess motion or thought, and through practice or familiarity, for example learning how to operate your weapon properly while under stress… Keep it simple, not because you're stupid, but because simple leads to efficient results under stress. The active portion of a fight is normally only a few seconds, but within that short time there will be enough problems to deal with without you adding anything to the mix. Simplify everywhere you can so you have the ability to deal with the unexpected. Now practice until you can perform properly. (The KISS acronym reportedly originated in the military, where it stood for Keep It Simple, Stupid. Calling students "stupid" is not a great booster of confidence. I was taught to reword is at Keep It Short and Simple. Nonetheless, there are not always simple solutions to complex problems. For example, the drill I teach for a sudden confrontation at arm's length involves stepping off line while deflecting the attack – an intentionally redundant operation, in case one of the elements is not possible – while shouting "stop!" and drawing and firing from the protected-gun position. It's a complex drill but I don't see how I can simplify it further. However, I firmly believe in not complicating firearms by bolting on unessential accessories.)

http://www.thetacticalwire.com/archived/2010-09-14_tactical.html
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What the F Troop?:
Smith & Wesson Holding Corporation (NASDAQ: SWHC), parent company of Smith & Wesson Corp., the legendary 158-year old company in the global business of safety, security, protection and sport, announced today that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) awarded the company an unrestricted open market competitive Firm-Fixed-Price Indefinite-Delivery/Indefinite -Quantity (ID/IQ) multiple-award contract for the Military & Police (M&P40) pistol. The award marks the completion of a full and open competition among several firearm manufacturers to provide a commercial off-the-shelf pistol that met or surpassed the ATF technical requirements. Under this contract, the M&P40 pistol is not only qualified for purchase by the ATF but has also been made available to multiple U.S. Federal Agencies who may now use this contract vehicle for their purchases. The potential value of the contract award is $40 million over 10 years… (As reported earlier, they recently did the same for the combination of the Glock 22 Gen 4 and Glock 27 – see second link. The earlier report focused on the denial of SIG's challenge to that award. See the third link for a very brief discussion of some of the issues with SIG's attempts to get law enforcement to adopt their one-size-fits-all P250.)

http://www.thetacticalwire.com/story/224052
http://www.thetacticalwire.com/story/224040
http://www.stoppingpower.net/forum/topic.asp?TOPIC_ID=18870
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Tangentially Related: Reported incidents of both violent and property crimes dropped again in the U.S.  during 2009, closing the books on a decade that generally saw continued decreases in crime rates that began to fall in the mid-1990s, according to FBI statistics released Monday. The continuing drops appear to undermine an ominous and oft-repeated prediction that crime would worsen as a result of a pitiable economy. The relationship between crime and the economy is hotly contested among social scientists. But several told The Washington Times that the relationship is far more complicated than a simple correlation… But reported crime continued to fall during the past decades, even as reports of specific crimes spiked in certain years before leveling off and ultimately decreasing in subsequent years. Murders, for example, increased by 3.5 percent during 2006, only to decrease by 1 percent the following year and to drop 5 percent during 2008. That percentage fell again in 2009 with a 7.3 percent reduction in murders… (I have always cautioned against using crime rates to argue for the RKBA. Crime rates reflect many factors. At best we seem to be able to argue that restoring the RKBA does not appear to increase crime appreciably.)

http://www.washingtontimes.com/news/2010/sep/13/crime-rate-dip-rebuts-link-to-bad-economy/
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In July, the Texas Forensic Science Commission found that arson investigators used flawed science in the trial of Cameron Todd Willingham. Willingham was convicted of setting the 1999 fire that killed his three children. He was executed in 2004, despite serious questions about his guilt. The case garnered national attention last year after a David Grann investigation in the New Yorker argued that Willingham was innocent and that there was no evidence the fire was intentional… DNA isn't of much use in those cases. But during a panel discussion at the Georgetown Law Center last year (disclosure: I moderated the panel), Lentini suggested one reform that may help defendants in these cases obtain a fairer crack at justice: bifurcated trials. Courts would hold an initial trial to determine if a crime was committed, then a second to determine who committed it… (Theoretically, a grand jury does the first job but a potential defendant has very limited rights before a grand jury.)

http://reason.com/archives/2010/09/13/the-case-for-bifurcated-trials

A plain white van moving through traffic on a busy thoroughfare looks like a delivery vehicle, making a run to a local business. It could be any plain white van in any American city. But there are two men sitting in the back of the van operating X-ray machines. As their panel van moves in and out of traffic, the men use the X-ray machines to scan passing vehicles, peering behind the walls of the adjoining trucks to discover if the targets are carrying weapons, drugs or illegal immigrants. This scenario isn't from a spy movie, it's happening every day in the United States. The Department of Homeland Security, the Immigration and Customs Enforcement Service and even local law enforcement agencies are buying and deploying mobile X-ray vans… Although literature about the machines says they aren't invasive, privacy advocates aren't buying that explanation. One reason is that the machines can also X-ray through clothing. Electronic Privacy Information Center spokesman Marc Rotenberg says that no matter what claims are made about the vans, the machines in the vans are going to be used outside of their normal settings… "Based on what the Supreme Court has said in other similar cases, I think there has to be some probable cause or warrant before people are scanned without suspicion and when images are provided of what people look like without their clothes," Rotenberg said…

http://www.wnd.com/index.php?fa=PAGE.view&pageId=202853

Private security guards protecting the nation's federal buildings might one day earn a government paycheck and could face new national training and certification standards if legislation introduced Monday advances in the coming months. The proposals unveiled by members of the House Homeland Security Committee come more than a year after government auditors embarrassed the beleaguered Federal Protective Service by penetrating 10 major federal facilities with materials to construct a bomb. The FPS provides security for about 1.5 million federal workers at 9,000 federal facilities with a mix of about 800 full-time federal inspectors and 15,000 private security guards. The legislation would require the FPS to hire 550 new federal inspectors, a figure that is "really not enough," but all that the agency can handle right now, said Rep. Sheila Jackson Lee (D-Tex.). The new hires should help the agency move toward federalizing most, if not all, of its private guards, she said…

http://www.washingtonpost.com/wp-dyn/content/article/2010/09/13/AR2010091306355.html
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