Monday, November 15, 2010

11-14-10


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




CCW Push in Hawaii: While Hawaii statutes provide for the issuance of carry permits, they are not issued. A drive is under way to change that:
This is where the rubber meets the road! After much deliberation and consultation with outside sources, Hawaii Concealed Carry requires your assistance.  We need all qualified persons to apply for a concealed handgun permit with the State of Hawaii, in whatever county you reside. We encourage Big Island, Kauai, and Maui to also apply within their respective county. Don't know if you are qualified? Please follow this checklist… Get this information out! We need this to build our plaintiff pool!!
For those who may consider a non-resident application, (a) a permit would only be valid in the county (island) in which it were issued and (b) all firearms transported to Hawaii must be registered there within three days.

http://hawaiiccw.com/hawaii/ccw-permits-action-required/
http://www.handgunlaw.us/states/hawaii.pdf
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Meanwhile, in Iowa…: As of Jan. 1, changes to Iowa gun laws will take the discretionary powers of concealed weapons permits away from county sheriffs. Changing the language of the law from "may" to "shall" in Senate File 2379 "standardizes the issuance of concealed weapons permits across the state," according to state Rep. Clel Baudler, R-Adair, who was active in the bill's construction… Baudler said, in its early years, the concealed weapons laws in this state were primitive compared to today's qualifying standards. The sheriff of each county could essentially pick and choose who was fit for carrying concealed weapons and who was not - sometimes based on personal and discriminatory points of view, he said. The level of difficulty in obtaining a permit depended, for one thing, on the county in which the applicant lived. Laws were not consistent or balanced across the state, Baudler said. But one thing held true statewide: When an applicant was denied, there was nothing he or she could do to appeal the sheriff's decision…

http://www.messengernews.net/page/content.detail/id/534373/Gun-permit-rule-to-change.html?nav=5010
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Prohibitionists Protest at Washington Gun Show: America's gun control debate came to life during a gun show in Yakima. Just a stone's throw away from the Sundome, it was a clash between First Amendment rights and Second Amendment freedoms. "If a person has criminal intent, they're gonna find another weapon... not just a firearm," says gun show director Brian Kjemsmo. "Our community deserves better," says protester Ed Patton. "All over this country, people are losing their loved ones." Smith and Wessons on one side, angry signs on the other. It was Yakima's turn to enter the gun control fray. At the corner of Nob Hill and Fair Avenue, protesters like Patton had a major beef with 2010's gun show: the fact that gun collectors can sell firearms to people without a background check. By contrast, licensed businesses must always perform background checks. The so-called "gun show loophole" is nothing new, but it's still enough to ignite plenty of bickering… (Neither the article nor the video substantiates the claim that there was any sort of "clash" between the First Amendment and the Second Amendment. No one used a firearm or any other weapon to try to silence the protestors.)

http://www.kimatv.com/news/local/107830024.html
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Rule Four Reminder: Two Kansas City [MO] police officers who thought they were being shot at from inside a van returned fire Thursday night. Only later did police realize that the van was actually backfiring and the man inside was not armed. He was not injured by the shots fired by police. Windows of the police car were apparently shot out by the officers as they exited the patrol car. The officers were dispatched on a report of shots being fired from a white van just before 6 p.m. Thursday on Gregory Boulevard near Interstate 435. When the officers got to the area they saw a white van parked on Gregory and pulled up near it. As they were getting out of the patrol car they heard the backfiring and fired their weapons. Police are continuing to investigate the incident. (Rule Four: Always be sure of your target and what's beyond it. Several years back, a Border Patrol agent, in the vicinity of Willcox AZ, got into a "gunfight" with a carbide cannon, that had been rigged to fire automatically, in order to scare birds out of a nut orchard. Unfortunately, he persisted after being advised by a Cochise County deputy sheriff  what the source of the "hostile fire" was. I believe he subsequently found alternative employment.)

http://www.kansascity.com/2010/11/12/2425221/kc-police-fire-at-backfiring-van.html
http://www.kctv5.com/news/25770191/detail.html
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A Book to Make You Squirm: The following comments are made on the basis of my first and accelerated reading of a book intended to be controversial. I believe I am being objective in referring to Alan Korwin as a non-attorney student of the laws affecting the ownership and use of firearms. In After You Shoot, Alan makes an impassioned (with an emphasis on "passion") plea for a change in the paradigm that a citizen who uses a firearm in a self-defense incident should make it a point to be the first to call 911 (unless he can have a companion or bystander make the call for him).  He couples this with the advocacy of an Adnarim statement – that's Miranda, spelled backward – in which the citizen asserts his rights to the police. Most of the remainder of the book goes on to document Alan's failure to gain a consensus on this from some heavy-hitter attorneys and several prominent firearms instructors (no, I was not one of the ones consulted).
  • Alan gets out a lot more than I do and seems to hobnob with a "higher class of people" as well. On the other hand, I don't know if Alan has spent the time that I have in and around the law-enforcement community. This may account for some of our difference in perspective.
  • While the term "half-baked" is usually regarded as pejorative, I must use it for this book. Alan's proposed paradigm shift is a desideratum but not yet a strategy he can honestly counsel to employ at this time. I find it much like a new bullet design – I'm not prepared to be the guinea pig to find if it works on the street.
  • If for no other reason than to discuss it with or have it evaluated by your attorney, I recommend the small investment to purchase this book. If you don't yet have an attorney, this book may help you structure the initial consultation to develop that relationship – it actually contains a specific chapter on doing so.
  • I just purchased two more copies so that I can lend them to attorneys. One copy will initially go to an attorney friend who is not currently practicing but happens to be the wife of the local County Attorney (what is called a District Attorney in most other jurisdictions).
  • As I said, this book will make you squirm. If you have not yet taken any formal training that has had the same effect from its discussions of the legal aftermath of using a firearm to defend yourself, that is not a discomfort you can afford to avoid.
http://www.gunlaws.com/AYS.htm
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Tangentially Related: Righthaven is a company that was formed earlier this year with a novel business model: find websites that have copied newspaper articles without permission, and sue them for copyright infringement. Since March, it has sued more than 150 websites and reached settlements with more than 50. But now Righthaven faces its biggest challenge yet. In its lawsuits, Righthaven typically asks for attorney's fees and threatens to take over defendants' domain names. It has used both of those demands very effectively as a hammer to force its targets to settle the lawsuit. A new motion filed by digital rights group Electronic Frontier Foundation argues that Righthaven doesn't have the right to demand attorney's fees or take over defendants' domains, even if it wins its lawsuits… (One of the websites targeted by Righthaven is Clayton Cramer's The Armed Citizen, which used to be one of my sources.)

http://paidcontent.org/article/419-copyright-enforcer-righthaven-faces-a-new-obstacle/
http://www.thearmedcitizen.com/

While companies such as Righthaven try to protect journalists' copyrights by reflexively suing alleged infringers, online monitoring firm Attributor has pursued a different approach: reflexively trying to strike licensing deals, turning infringing websites into authorized, paying outlets for content. On Monday, Attributor announced the results of a trial run of this approach, finding that a simple request to share revenue or remove unauthorized copies of newspaper articles did the trick 75% of the time…

http://latimesblogs.latimes.com/technology/2010/11/attributor-stopping-infringers-without-the-courts-help.html
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