From: Stephen P. Wenger
http://www.spw-duf.info
comments in () by the same
http://www.spw-duf.info
comments in () by the same
Big Brother and F Troop: President Obama could exploit his power to make temporary appointments during the end of year adjournment of Congress and bypass Senate approval of Andrew Traver to head the Bureau of Alcohol, Tobacco, Firearms and Explosives. A discussion of the nominee and his anti-gun credentials was presented as a supplement to yesterday's Gun Rights Examiner column. Here's another development: The Bradys are for him. That alone disqualifies Traver from acceptability for gun rights advocates… Say Obama takes advantage of the adjournment and makes a temporary appointment...how long would it last? …So conceivably, if timed right, Traver could be in for basically all of 2011…? If Obama perceives his presidency is going to be a one-termer, or even if he's gambling that conditions will change enough to make the fallout to his next campaign worth the risk of a temporary appointment, what's the downside? After all, what's he going to do—make conservative gun owners not want to vote for him? Is this going to happen? Is this a real danger? Who knows? Maybe not…
http://www.examiner.com/gun-rights-in-national/obama-could-appoint-traver-to-head-atf-without-senate-approval
The latest move to bring in the Chicago Gang's favorite gun grabber, Andrew Traver, to become ATF Director means, among other things, that the Obamanoids intend to try to choke off congressional oversight by saying, "See, we've got rid of that old woman Melson and the criminal fools in the Chief Counsel's Office, so there's nothing to see here, citizen. Move along." …But the prime witness, the one personage which the ATF absolutely does not want to answer questions about is R.A. Bear, the child's stuffed toy which they spent two years and at least a million dollars chasing all over the country…
http://sipseystreetirregulars.blogspot.com/2010/11/help-vindicate-ra-bear-it-is-time-to.html
NRA Opposes Traver Nomination:
http://www.nraila.org/News/Read/NewsReleases.aspx?ID=14485
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Speaking of the Brady Bunch…: The Brady Center to Prevent Gun Violence today filed a brief in the United States District Court for the Northern District of Texas urging the court to throw out an NRA lawsuit claiming that teens and young persons ages 18-20 have a constitutional right to carry loaded, concealed weapons in public. "It is dangerous and reckless for the NRA to claim that teenagers should be allowed to carry loaded semiautomatic weapons on our streets and playgrounds. The Second Amendment allows for commonsense gun laws, it doesn't require that we legally allow armed teens in our communities," said Brady Center President Paul Helmke… (I believe that the NRA lawsuit actually challenges the federal law that bans 18- to 20-year-olds from purchasing handguns from licensed dealers, not the Texas law that that establishes the minimum age for a CHL – see second link.)
http://www.commondreams.org/newswire/2010/11/17-5
http://www.nraila.org/News/Read/NewsReleases.aspx?ID=14212
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DC Judges Want More in Heller II: …It is, on the court's own motion, ORDERED that the parties file supplemental briefs addressing the following questions:
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Ohio Court of Appeals Limits Restriction of RKBA: …We find the five-year firearm condition/sanction against appellant for a misdemeanor violation of R.C. 2923.15(A) [using a weapon while intoxicated] under these circumstances was unreasonable, overbroad, and an unwarranted implication of his Second Amendment rights. We have herein affirmed appellant's conviction and in no way seek to diminish the danger of using a firearm while intoxicated, and we further recognize that appellant acted injudiciously in firing his weapon into the ground, at night, as a "memorial" to his deceased dog. However, the incident took place entirely on appellant's residential property in an unincorporated area; the State presented no evidence that appellant caused any harm to persons or property, nor that he ever intended to do so. As we noted above, the responding officers did not find it warranted to attempt to confiscate or seize the firearm at that time. Furthermore, the presentence investigation report gives no indication that appellant had been cited for this type of activity before, and his only criminal history appears to be two OVI convictions more than twenty years ago…
http://volokh.com/2010/11/17/five-year-no-firearms-condition-in-sentence-for-misdemeanor-use-of-weapons-while-intoxicated-set-aside-partly-on-second-amendment-ish-grounds/
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Virginia Students Push for Campus Carry: Old Dominion University's College Republicans' petition to allow firearms on campus has already received 10 percent of their goal - and they have yet to begin to push the issue. The group is petitioning the heads of the university to allow students who have concealed-carry weapons permits, or CCWs, to carry firearms to protect themselves on and around the Norfolk, VA, campus. More than 1,100 signatures have been collected by the College Republicans, even without any major advertising about their effort. Enforcing Second Amendment rights on college campuses is not a new idea. Utah passed legislation in 2004 prohibiting public universities from regulating firearms on their campuses. Most recently, Republican Representative-elect David Simpson pre-filed a similar bill, citing a recent incident at the University of Texas at Austin in which a student fatally shot himself in a library and caused a lockdown at the university…
http://www.woio.com/Global/story.asp?S=13520148
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Black NYC Progressive Defends RKBA: …As a black progressive, I am tempted to echo the sentiments of most liberals, who regard this pro-gun turn as a full-fledged civic crisis. For most of them, gun ownership is an expendable rather than inalienable right, one worth ceding in exchange for a more peaceful society. While I understand this position, the price of the ticket, at least for black people, is simply too high… Today's gun control laws may be racially neutral on their face, but they have a clear and disproportionate impact on poor communities of color, which are often left defenseless against predators in their own backyards… But while it would be naive to suggest that guns will solve the problem of urban violence, it would be equally shortsighted to ignore the dangers of further disarming the people who need the most help. (Professor Hill errs in blaming the United States government for the earlier laws that disarmed blacks. Those laws were all passed at state level, during times when it still would have been inconceivable for the federal government to infringe the RKBA.)
http://bronxnews.wordpress.com/2010/11/17/strict-gun-laws-are-bad-for-blacks-why-african-americans-should-value-second-amendment-protections/
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More on California CCW: California's gun laws might become more liberal and soon. In a few weeks, Chief Federal Judge Irma Gonzalez will render her decision in the case of Ed Peruta v County of San Diego et al, a decision that could put a stop to "discretionary licensing" by state permitting authorities. As it stands now, California policy enforcers decide on a whim who can and cannot obtain a license to carry a loaded firearm in public. If Ed prevails in his case, California could join the ranks of "shall-issue" concealed carry permit (CCW) states. When Ed Peruta, a part-time resident of the state, applied for a concealed handgun permit last year, the San Diego County Sheriff denied his request, citing no "good cause." Peruta sued the Sheriff's department and the Sheriff individually in Federal Court under the Civil Rights Act of 1871, namely 42 USC 1983. The sheriff promptly filed a motion to dismiss the case, but Judge Gonzalez issued an 18 page decision in January which not only denied the motion but indicated a few points of law which, if carried to their logical conclusion in December, will end the arbitrary licensing process for those seeking open and concealed carry permits in counties with a population of 200,000 or fewer… (I believe that last sentence should read "concealed-carry permits and open-carry permits in counties with a population of 20,000 or fewer.")
http://caivn.org/article/2010/11/17/federal-ruling-could-mean-more-concealed-weapon-permits-california
For three years, Solano County has been overcharging people applying to carry a concealed gun in the county. The problem has been resolved, according to Solano County Sheriff's spokesman Lt. Gary Faulkner. According to a press release sent Wednesday by Calguns Foundation, a nonprofit organization, the group submitted a pre-litigation demand letter in October to Solano County Sheriff Gary Stanton detailing the illegalities of Solano County's current fee structure for concealed-gun-carry permit applications. Spurred by the foundation, Solano County agreed to change their fees to reflect the California statutory structure for gun-carry licensing. "Solano set an example of how other counties can spare their taxpayers from needless litigation -- they did the right thing once the defective policy was brought to their attention," said Gene Hoffman, chairman of the Calguns Foundation, in the press release. "Solano gets it, but we anticipate that many counties will not. It is our goal to address every one of these violations throughout California until all counties are 100 percent compliant in their written and actual policies." …
http://www.contracostatimes.com/news/ci_16646037?nclick_check=1
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Some Iowa Sheriffs Undermine Shall-Issue Law: …In other words, Sheriff Johnstone joins a small but vocal group of Sheriffs who say they will support the new law and carry out their orders, but will do so while spreading FUD among the citizens and politicians about how bad the law is. Unfortunately, they do not have the statistics to back up their claims. Iowa is the 39th state to go to a "Shall Issue" system. None of the other 38 states has seen the problems that some of our Iowa Sheriffs are worrying about ever materialize. In fact, those states have seen the opposite happen, as Shall Issue has continued to gain acceptance across the country with no "blood in the streets" or "shootouts over parking spaces" noted… Perhaps the issue should be more about education. Teaching the public that a properly holstered pistol is not a threat should be more important than spreading FUD…
http://www.examiner.com/gun-rights-in-des-moines/another-sheriff-hits-the-panic-button
Meanwhile…: Simple signs with a serious message are popping up across Eastern Iowa. The yard signs advertise for concealed weapons classes, taught by the Florida based company, "Equip 2 Conceal Firearms Group." "This is a big deal, we're up here (in Iowa) right now because the instructors that are up here are overloaded, and it's taking some people six to eight weeks to get into class," said company director Rob Shewmake. Why the sudden rush? Last spring Governor Culver signed a bill making Iowa a "shall-issue" state. The law goes into effect January 1, 2011. The change means anyone without a felony on their record will be permitted to carry a gun in public. hewmake said his company will offer ten classes across Iowa this month. He expects to be back in December to do the same, and possibly again in the summer. He said by taking one three hour class an individual will meet the requirements to earn Iowa's Concealed Carrying Permit…
http://www.kcrg.com/news/local/Iowa-Gun-Law-Change-Attracts-Florida-Business-108563089.html
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Oops, Wrong House: An elderly house owner proved too much of a match for five robbers yesterday, shooting dead one and sending the others packing. It is understood five men had driven up to the man's house in Jalan SS8/8 about 9.40am. Two of them alighted from the vehicle and climbed over the automatic gate. While one of the pair who was armed with a knife stood guard at the door, his accomplice who was armed with a parang barged into the house. There, the 17-year-old robber confronted two children aged 8 and 10, their father, 30, and the family's Cambodian maid, in her 20s…Unbeknownst to the teen, the children's grandfather had heard the commotion downstairs and grabbed his pump-action shotgun. When the 72-year-old spotted the robber, he fired two shots. Hit in the ribs, the robber tumbled down the stairs. The other robbers fled the scene in a hurry. The shot robber was taken to the University Malaya Medical Centre where he was admitted to the intensive care unit but died shortly after.
http://news.asiaone.com/News/AsiaOne%2BNews/Crime/Story/A1Story20101117-247651.html
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A Fishy Story: An 18-year-old woman died early Wednesday morning after being shot at a home in Seven Fields, Butler County [PA], on Tuesday. Courtney Daily, 18, of Colorado Springs, was found in an upstairs bedroom of the Woodhaven Drive home with a gunshot wound to the upper body, police said. She was taken to UPMC Presbyterian Hospital in Pittsburgh where she later died. Eric Rutledge, 18, who was at the home when police arrived, was questioned and then charged with criminal homicide. He's currently being held in the Butler County Jail. Rutledge told police that he accidentally shot Daily. Investigators said Rutledge told them that he grabbed a shotgun when he heard noises downstairs. Rutledge said he and Daily then took turns holding the gun. When it was his turn he pointed the gun at Daily and pulled the trigger, according to police. Rutledge said he thought the gun was unloaded… (If Rutledge's account is true, he violated Rules One, Two and Three [http://www.spw-duf.info/safety.html]. However, why would one prepare to confront an intruder with an unloaded gun?)
http://www.wpxi.com/news/25825198/detail.html
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Rule Four Reminder: An Oregon police officer has been fired and three others suspended after the fatal shooting of an unarmed black man during a standoff with a white officer. Portland police announced the disciplinary actions on Tuesday, nearly 10 months after police shot 25-year-old Aaron Campbell in the back as he ran away from them. Officer Ron Frashour, who fired the lethal shot, was terminated. He has said he thought Campbell was reaching for a weapon… A Multnomah County grand jury found no criminal wrongdoing but said police training, command and communication were inadequate. (Rule Four: Always be sure of your target and what's beyond it. This was a fatal and apparently erroneous judgment call but it's not likely that a grand jury would be as sympathetic to a private citizen.)
http://www.policeone.com/legal/articles/2900988-1-officer-fired-3-suspended-in-mans-shooting/
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Rule Five Reminder: Police say child gun play is to blame for the death of 14-year-old Jalil Muhammad. Police say the teen was killed when one of his siblings was playing with a handgun and it went off. Paramedics responded to the boy's home in the 200 block of West 93rd Place around 8:30 p.m. Tuesday to a report of a 14-year old boy who may have suffered a seizure after falling. But when they found that the teen had sustained a gunshot wound to the head police were called and responded to the scene. Muhammad was transported to Comer Children's Hospital where he was pronounced dead… (Not to make light of Jalil's death but I didn't realize that enough time had elapsed for Chicago residents to won handguns.)
http://www.wgntv.com/news/wgntv-teen-killed-shot-in-head-police-nov17,0,4145167.story?track=rss
A police report by the New Orleans Police Department sheds light on the decision by authorities to charge a New Orleans man with second-degree murder in the shooting death of a three-year-old boy. Tryone Brown, 22, was charged with second-degree murder after police were called to a home in the 4500 block of Copernicus Street in Algiers after a three-year-old in his care apparently shot himself with a gun in the living room of Brown's home. According to police, early indicators suggest the shooting was accidental. According to the police report, a witness told a detective that they saw Brown stash two handguns in the sofa cushion in the living room, where Brown would later find Brashaun Blue with a gunshot wound to the head…
http://www.wwltv.com/news/local/Police-report-shed-light-in-shooting-death-of-three-year-old-108704984.html
A Lithonia [GA] police officer faces "The Tough Questions" after someone stole his gun, uniform, police badge and personal pickup truck. A DeKalb County police report indicates the 25-year-old Chevy C-10 belonging to Lithonia police officer Darian Barnes was stolen at around noon Friday, Nov. 12. The officer's gym bag that contained his badge, police uniform and Glock handgun were inside the stolen truck… Sources tell CBS Atlanta Barnes left his truck unlocked. Sgt. Larry Willams is Lithonia's acting police chief. He told McNary to direct his tough questions to DeKalb County police detectives. Barnes was on the job Wednesday wearing a new uniform, badge, gun and belt. "Is it reckless if an officer left his truck unlocked for somebody to steal his truck and all his police gear?" asked McNary. "It will be reckless if that was the case," said Williams…
http://www.cbsatlanta.com/news/25832560/detail.html
Sauce for the Goose, Sauce for the Gander?: I worked in New York City, where I usually had a partner. One thing I learned is, when your partner gets out of the car, you get out also. If your partner goes into a store for a midnight cup of coffee, you go inside also. Nothing like your partner walking in on a robbery in progress (God forbid), and you're sitting in the car. And remember to focus on why you are out of the car. If it's a traffic stop, focus on the car. Car stops are the most dangerous thing you can do next to domestic violence calls. These days, I sometimes see one officer out of the car on a car stop and the officer on the passenger side, looking around everywhere except into that car. (If this makes sense for cops on duty, maybe the rest of us need to think about it. It may not be practical all the time, particularly if you've got the kids with you but, if only one partner is armed, it may be good practice not to let the unarmed partner walk into the stop-and-rob store alone.)
http://www.policeone.com/Officer-Safety/tips/2899947-Contact-and-cover-Your-partners-safety/
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The Limitations of "Going to the Range": …Most people think that practice means going to the range and firing rounds. And yes this is a form of practice, but at most ranges you are limited to standing stationary and firing at targets from a predetermined distance. A lot of facilities will only allow you to fire one shot every three seconds, and do not permit you to work from holsters. In other words all you can do at the shooting range is shoot. But fighting includes much more than shooting. Movement may be your initial concern. Moving to create distance, trying to keep from being in a wrasslin' match. Moving to get cover between the threat and you. Moving off the line of a charging attacker. You're moving to acquire a clear line of fire on the threat. You need to be moving, and maybe shooting at the same time. We need to communicate with the threat, family members, bystanders, armed partners. When cover is available we need to use it. Should our weapon run empty or malfunction it needs to be fixed. There is a strong probability it will be dark, requiring use of a flashlight. There will likely be multiple threats. It's also a good chance there are bystanders in the environment. And in addition to all of this, we may need to be shooting. The point is that we need to practice our fighting skills, all of them, and not just the shootin' part. What's the best way to practice? Dry. Especially when you don't have a range that will allow you to move, use cover, run malfunctions and shoot rapidly from various distances…
http://www.thetacticalwire.com/archived/2010-11-18_tactical.html
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S&W – The Stock Is Falling!: …In contrast, those who took on Smith & Wesson (SWHC) have lost almost 20% of their funds in the past year. Not even a vote of confidence by Carl Icahn – whose investment company purchased almost a 4% stake earlier this year – was able to stop the pain. One big reason is that Smith & Wesson's problems haven't all hitched to the whims of a cruel economy; besides the usual operational difficulties, the company has spent the last year dealing with a bit of legal Armageddon all its own. Back in 2009, Smith & Wesson's prospects looked downright promising. The election of President Barack Obama brought worries of new gun regulations, and the country's growing economic malaise led talk radio to whisper of coming food shortages and unchecked crime. Such concerns engineered a surprising surge in gun and ammo sales, a trend Smith & Wesson CEO Michael Golden called "pretty exciting." …The problem hobbling the company that allowed James Bond his signature silhouette, and outfitted Dirty Harry with "the most powerful handgun in the world" is that it faces at least one large uncertainty Ruger doesn't have. In January, a Smith & Wesson sales executive was swept up in a massive FBI undercover investigation of bribery in the small arms industry and charged with violations of the Foreign Corrupt Practices Act. The sales executive allegedly attempted to bribe the representative of an African country that was taking bids for a $15 million deal to outfit that country's presidential guard. The representative was an undercover FBI agent…
http://money.cnn.com/2010/11/17/news/companies/smith_and_wesson.fortune/?section=magazines_fortune
http://www.examiner.com/gun-rights-in-national/obama-could-appoint-traver-to-head-atf-without-senate-approval
The latest move to bring in the Chicago Gang's favorite gun grabber, Andrew Traver, to become ATF Director means, among other things, that the Obamanoids intend to try to choke off congressional oversight by saying, "See, we've got rid of that old woman Melson and the criminal fools in the Chief Counsel's Office, so there's nothing to see here, citizen. Move along." …But the prime witness, the one personage which the ATF absolutely does not want to answer questions about is R.A. Bear, the child's stuffed toy which they spent two years and at least a million dollars chasing all over the country…
http://sipseystreetirregulars.blogspot.com/2010/11/help-vindicate-ra-bear-it-is-time-to.html
NRA Opposes Traver Nomination:
http://www.nraila.org/News/Read/NewsReleases.aspx?ID=14485
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Speaking of the Brady Bunch…: The Brady Center to Prevent Gun Violence today filed a brief in the United States District Court for the Northern District of Texas urging the court to throw out an NRA lawsuit claiming that teens and young persons ages 18-20 have a constitutional right to carry loaded, concealed weapons in public. "It is dangerous and reckless for the NRA to claim that teenagers should be allowed to carry loaded semiautomatic weapons on our streets and playgrounds. The Second Amendment allows for commonsense gun laws, it doesn't require that we legally allow armed teens in our communities," said Brady Center President Paul Helmke… (I believe that the NRA lawsuit actually challenges the federal law that bans 18- to 20-year-olds from purchasing handguns from licensed dealers, not the Texas law that that establishes the minimum age for a CHL – see second link.)
http://www.commondreams.org/newswire/2010/11/17-5
http://www.nraila.org/News/Read/NewsReleases.aspx?ID=14212
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DC Judges Want More in Heller II: …It is, on the court's own motion, ORDERED that the parties file supplemental briefs addressing the following questions:
(1) After the Home Rule Act, Pub. L. No. 93–198, 87 Stat. 774 (1973) (codified at D.C. Code §§ 1–201.01–1–207.71 (2001)), do gun laws passed by the District of Columbia Council have to be "usual and reasonable" within the meaning of the federal Act of June 30, 1906, Pub. L. No. 59–401, which is currently codified at D.C. Code § 1–303.43? Cf. McIntosh v. Washington, 395 A.2d 744, 749–54 (D.C. 1978); Firemen's Ins. Co. of Washington, D.C. v. Washington, 483 F.2d 1323, 1327–28 (D.C. Cir. 1973); Maryland & D.C. Rifle & Pistol Ass'n, Inc. v. Washington, 442 F.2d 123, 125–29 & 125 n.9 (D.C. Cir. 1971); Fulton v. District of Columbia, 2 App. D.C. 431, 438–39 (D.C. Cir. 1894).http://volokh.com/2010/11/17/d-c-circuit-orders-extra-briefing-on-the-post-heller-d-c-gun-law-challenge/
(2) What does the term "usual" mean in this statute? Cf. Roper v. Simmons, 543 U.S. 551 (2005); Atkins v. Virginia, 536 U.S. 304 (2002); Firemen's Ins. Co., 483 F.2d at 1327–28; Glover v. District of Columbia, 250 A.2d 556 (D.C. 1969); Filippo v. Real Estate Comm'n of the District of Columbia, 223 A.2d 268 (D.C. 1966); Black's Law Dictionary (2d ed. 1910) (defining usual to mean "ordinary" or "customary"). Is the canon of constitutional avoidance relevant to that question? Cf. Fulton, 2 App. D.C. at 438–39…
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Ohio Court of Appeals Limits Restriction of RKBA: …We find the five-year firearm condition/sanction against appellant for a misdemeanor violation of R.C. 2923.15(A) [using a weapon while intoxicated] under these circumstances was unreasonable, overbroad, and an unwarranted implication of his Second Amendment rights. We have herein affirmed appellant's conviction and in no way seek to diminish the danger of using a firearm while intoxicated, and we further recognize that appellant acted injudiciously in firing his weapon into the ground, at night, as a "memorial" to his deceased dog. However, the incident took place entirely on appellant's residential property in an unincorporated area; the State presented no evidence that appellant caused any harm to persons or property, nor that he ever intended to do so. As we noted above, the responding officers did not find it warranted to attempt to confiscate or seize the firearm at that time. Furthermore, the presentence investigation report gives no indication that appellant had been cited for this type of activity before, and his only criminal history appears to be two OVI convictions more than twenty years ago…
http://volokh.com/2010/11/17/five-year-no-firearms-condition-in-sentence-for-misdemeanor-use-of-weapons-while-intoxicated-set-aside-partly-on-second-amendment-ish-grounds/
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Virginia Students Push for Campus Carry: Old Dominion University's College Republicans' petition to allow firearms on campus has already received 10 percent of their goal - and they have yet to begin to push the issue. The group is petitioning the heads of the university to allow students who have concealed-carry weapons permits, or CCWs, to carry firearms to protect themselves on and around the Norfolk, VA, campus. More than 1,100 signatures have been collected by the College Republicans, even without any major advertising about their effort. Enforcing Second Amendment rights on college campuses is not a new idea. Utah passed legislation in 2004 prohibiting public universities from regulating firearms on their campuses. Most recently, Republican Representative-elect David Simpson pre-filed a similar bill, citing a recent incident at the University of Texas at Austin in which a student fatally shot himself in a library and caused a lockdown at the university…
http://www.woio.com/Global/story.asp?S=13520148
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Black NYC Progressive Defends RKBA: …As a black progressive, I am tempted to echo the sentiments of most liberals, who regard this pro-gun turn as a full-fledged civic crisis. For most of them, gun ownership is an expendable rather than inalienable right, one worth ceding in exchange for a more peaceful society. While I understand this position, the price of the ticket, at least for black people, is simply too high… Today's gun control laws may be racially neutral on their face, but they have a clear and disproportionate impact on poor communities of color, which are often left defenseless against predators in their own backyards… But while it would be naive to suggest that guns will solve the problem of urban violence, it would be equally shortsighted to ignore the dangers of further disarming the people who need the most help. (Professor Hill errs in blaming the United States government for the earlier laws that disarmed blacks. Those laws were all passed at state level, during times when it still would have been inconceivable for the federal government to infringe the RKBA.)
http://bronxnews.wordpress.com/2010/11/17/strict-gun-laws-are-bad-for-blacks-why-african-americans-should-value-second-amendment-protections/
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More on California CCW: California's gun laws might become more liberal and soon. In a few weeks, Chief Federal Judge Irma Gonzalez will render her decision in the case of Ed Peruta v County of San Diego et al, a decision that could put a stop to "discretionary licensing" by state permitting authorities. As it stands now, California policy enforcers decide on a whim who can and cannot obtain a license to carry a loaded firearm in public. If Ed prevails in his case, California could join the ranks of "shall-issue" concealed carry permit (CCW) states. When Ed Peruta, a part-time resident of the state, applied for a concealed handgun permit last year, the San Diego County Sheriff denied his request, citing no "good cause." Peruta sued the Sheriff's department and the Sheriff individually in Federal Court under the Civil Rights Act of 1871, namely 42 USC 1983. The sheriff promptly filed a motion to dismiss the case, but Judge Gonzalez issued an 18 page decision in January which not only denied the motion but indicated a few points of law which, if carried to their logical conclusion in December, will end the arbitrary licensing process for those seeking open and concealed carry permits in counties with a population of 200,000 or fewer… (I believe that last sentence should read "concealed-carry permits and open-carry permits in counties with a population of 20,000 or fewer.")
http://caivn.org/article/2010/11/17/federal-ruling-could-mean-more-concealed-weapon-permits-california
For three years, Solano County has been overcharging people applying to carry a concealed gun in the county. The problem has been resolved, according to Solano County Sheriff's spokesman Lt. Gary Faulkner. According to a press release sent Wednesday by Calguns Foundation, a nonprofit organization, the group submitted a pre-litigation demand letter in October to Solano County Sheriff Gary Stanton detailing the illegalities of Solano County's current fee structure for concealed-gun-carry permit applications. Spurred by the foundation, Solano County agreed to change their fees to reflect the California statutory structure for gun-carry licensing. "Solano set an example of how other counties can spare their taxpayers from needless litigation -- they did the right thing once the defective policy was brought to their attention," said Gene Hoffman, chairman of the Calguns Foundation, in the press release. "Solano gets it, but we anticipate that many counties will not. It is our goal to address every one of these violations throughout California until all counties are 100 percent compliant in their written and actual policies." …
http://www.contracostatimes.com/news/ci_16646037?nclick_check=1
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Some Iowa Sheriffs Undermine Shall-Issue Law: …In other words, Sheriff Johnstone joins a small but vocal group of Sheriffs who say they will support the new law and carry out their orders, but will do so while spreading FUD among the citizens and politicians about how bad the law is. Unfortunately, they do not have the statistics to back up their claims. Iowa is the 39th state to go to a "Shall Issue" system. None of the other 38 states has seen the problems that some of our Iowa Sheriffs are worrying about ever materialize. In fact, those states have seen the opposite happen, as Shall Issue has continued to gain acceptance across the country with no "blood in the streets" or "shootouts over parking spaces" noted… Perhaps the issue should be more about education. Teaching the public that a properly holstered pistol is not a threat should be more important than spreading FUD…
http://www.examiner.com/gun-rights-in-des-moines/another-sheriff-hits-the-panic-button
Meanwhile…: Simple signs with a serious message are popping up across Eastern Iowa. The yard signs advertise for concealed weapons classes, taught by the Florida based company, "Equip 2 Conceal Firearms Group." "This is a big deal, we're up here (in Iowa) right now because the instructors that are up here are overloaded, and it's taking some people six to eight weeks to get into class," said company director Rob Shewmake. Why the sudden rush? Last spring Governor Culver signed a bill making Iowa a "shall-issue" state. The law goes into effect January 1, 2011. The change means anyone without a felony on their record will be permitted to carry a gun in public. hewmake said his company will offer ten classes across Iowa this month. He expects to be back in December to do the same, and possibly again in the summer. He said by taking one three hour class an individual will meet the requirements to earn Iowa's Concealed Carrying Permit…
http://www.kcrg.com/news/local/Iowa-Gun-Law-Change-Attracts-Florida-Business-108563089.html
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Oops, Wrong House: An elderly house owner proved too much of a match for five robbers yesterday, shooting dead one and sending the others packing. It is understood five men had driven up to the man's house in Jalan SS8/8 about 9.40am. Two of them alighted from the vehicle and climbed over the automatic gate. While one of the pair who was armed with a knife stood guard at the door, his accomplice who was armed with a parang barged into the house. There, the 17-year-old robber confronted two children aged 8 and 10, their father, 30, and the family's Cambodian maid, in her 20s…Unbeknownst to the teen, the children's grandfather had heard the commotion downstairs and grabbed his pump-action shotgun. When the 72-year-old spotted the robber, he fired two shots. Hit in the ribs, the robber tumbled down the stairs. The other robbers fled the scene in a hurry. The shot robber was taken to the University Malaya Medical Centre where he was admitted to the intensive care unit but died shortly after.
http://news.asiaone.com/News/AsiaOne%2BNews/Crime/Story/A1Story20101117-247651.html
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A Fishy Story: An 18-year-old woman died early Wednesday morning after being shot at a home in Seven Fields, Butler County [PA], on Tuesday. Courtney Daily, 18, of Colorado Springs, was found in an upstairs bedroom of the Woodhaven Drive home with a gunshot wound to the upper body, police said. She was taken to UPMC Presbyterian Hospital in Pittsburgh where she later died. Eric Rutledge, 18, who was at the home when police arrived, was questioned and then charged with criminal homicide. He's currently being held in the Butler County Jail. Rutledge told police that he accidentally shot Daily. Investigators said Rutledge told them that he grabbed a shotgun when he heard noises downstairs. Rutledge said he and Daily then took turns holding the gun. When it was his turn he pointed the gun at Daily and pulled the trigger, according to police. Rutledge said he thought the gun was unloaded… (If Rutledge's account is true, he violated Rules One, Two and Three [http://www.spw-duf.info/safety.html]. However, why would one prepare to confront an intruder with an unloaded gun?)
http://www.wpxi.com/news/25825198/detail.html
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Rule Four Reminder: An Oregon police officer has been fired and three others suspended after the fatal shooting of an unarmed black man during a standoff with a white officer. Portland police announced the disciplinary actions on Tuesday, nearly 10 months after police shot 25-year-old Aaron Campbell in the back as he ran away from them. Officer Ron Frashour, who fired the lethal shot, was terminated. He has said he thought Campbell was reaching for a weapon… A Multnomah County grand jury found no criminal wrongdoing but said police training, command and communication were inadequate. (Rule Four: Always be sure of your target and what's beyond it. This was a fatal and apparently erroneous judgment call but it's not likely that a grand jury would be as sympathetic to a private citizen.)
http://www.policeone.com/legal/articles/2900988-1-officer-fired-3-suspended-in-mans-shooting/
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Rule Five Reminder: Police say child gun play is to blame for the death of 14-year-old Jalil Muhammad. Police say the teen was killed when one of his siblings was playing with a handgun and it went off. Paramedics responded to the boy's home in the 200 block of West 93rd Place around 8:30 p.m. Tuesday to a report of a 14-year old boy who may have suffered a seizure after falling. But when they found that the teen had sustained a gunshot wound to the head police were called and responded to the scene. Muhammad was transported to Comer Children's Hospital where he was pronounced dead… (Not to make light of Jalil's death but I didn't realize that enough time had elapsed for Chicago residents to won handguns.)
http://www.wgntv.com/news/wgntv-teen-killed-shot-in-head-police-nov17,0,4145167.story?track=rss
A police report by the New Orleans Police Department sheds light on the decision by authorities to charge a New Orleans man with second-degree murder in the shooting death of a three-year-old boy. Tryone Brown, 22, was charged with second-degree murder after police were called to a home in the 4500 block of Copernicus Street in Algiers after a three-year-old in his care apparently shot himself with a gun in the living room of Brown's home. According to police, early indicators suggest the shooting was accidental. According to the police report, a witness told a detective that they saw Brown stash two handguns in the sofa cushion in the living room, where Brown would later find Brashaun Blue with a gunshot wound to the head…
http://www.wwltv.com/news/local/Police-report-shed-light-in-shooting-death-of-three-year-old-108704984.html
A Lithonia [GA] police officer faces "The Tough Questions" after someone stole his gun, uniform, police badge and personal pickup truck. A DeKalb County police report indicates the 25-year-old Chevy C-10 belonging to Lithonia police officer Darian Barnes was stolen at around noon Friday, Nov. 12. The officer's gym bag that contained his badge, police uniform and Glock handgun were inside the stolen truck… Sources tell CBS Atlanta Barnes left his truck unlocked. Sgt. Larry Willams is Lithonia's acting police chief. He told McNary to direct his tough questions to DeKalb County police detectives. Barnes was on the job Wednesday wearing a new uniform, badge, gun and belt. "Is it reckless if an officer left his truck unlocked for somebody to steal his truck and all his police gear?" asked McNary. "It will be reckless if that was the case," said Williams…
http://www.cbsatlanta.com/news/25832560/detail.html
Sauce for the Goose, Sauce for the Gander?: I worked in New York City, where I usually had a partner. One thing I learned is, when your partner gets out of the car, you get out also. If your partner goes into a store for a midnight cup of coffee, you go inside also. Nothing like your partner walking in on a robbery in progress (God forbid), and you're sitting in the car. And remember to focus on why you are out of the car. If it's a traffic stop, focus on the car. Car stops are the most dangerous thing you can do next to domestic violence calls. These days, I sometimes see one officer out of the car on a car stop and the officer on the passenger side, looking around everywhere except into that car. (If this makes sense for cops on duty, maybe the rest of us need to think about it. It may not be practical all the time, particularly if you've got the kids with you but, if only one partner is armed, it may be good practice not to let the unarmed partner walk into the stop-and-rob store alone.)
http://www.policeone.com/Officer-Safety/tips/2899947-Contact-and-cover-Your-partners-safety/
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The Limitations of "Going to the Range": …Most people think that practice means going to the range and firing rounds. And yes this is a form of practice, but at most ranges you are limited to standing stationary and firing at targets from a predetermined distance. A lot of facilities will only allow you to fire one shot every three seconds, and do not permit you to work from holsters. In other words all you can do at the shooting range is shoot. But fighting includes much more than shooting. Movement may be your initial concern. Moving to create distance, trying to keep from being in a wrasslin' match. Moving to get cover between the threat and you. Moving off the line of a charging attacker. You're moving to acquire a clear line of fire on the threat. You need to be moving, and maybe shooting at the same time. We need to communicate with the threat, family members, bystanders, armed partners. When cover is available we need to use it. Should our weapon run empty or malfunction it needs to be fixed. There is a strong probability it will be dark, requiring use of a flashlight. There will likely be multiple threats. It's also a good chance there are bystanders in the environment. And in addition to all of this, we may need to be shooting. The point is that we need to practice our fighting skills, all of them, and not just the shootin' part. What's the best way to practice? Dry. Especially when you don't have a range that will allow you to move, use cover, run malfunctions and shoot rapidly from various distances…
http://www.thetacticalwire.com/archived/2010-11-18_tactical.html
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S&W – The Stock Is Falling!: …In contrast, those who took on Smith & Wesson (SWHC) have lost almost 20% of their funds in the past year. Not even a vote of confidence by Carl Icahn – whose investment company purchased almost a 4% stake earlier this year – was able to stop the pain. One big reason is that Smith & Wesson's problems haven't all hitched to the whims of a cruel economy; besides the usual operational difficulties, the company has spent the last year dealing with a bit of legal Armageddon all its own. Back in 2009, Smith & Wesson's prospects looked downright promising. The election of President Barack Obama brought worries of new gun regulations, and the country's growing economic malaise led talk radio to whisper of coming food shortages and unchecked crime. Such concerns engineered a surprising surge in gun and ammo sales, a trend Smith & Wesson CEO Michael Golden called "pretty exciting." …The problem hobbling the company that allowed James Bond his signature silhouette, and outfitted Dirty Harry with "the most powerful handgun in the world" is that it faces at least one large uncertainty Ruger doesn't have. In January, a Smith & Wesson sales executive was swept up in a massive FBI undercover investigation of bribery in the small arms industry and charged with violations of the Foreign Corrupt Practices Act. The sales executive allegedly attempted to bribe the representative of an African country that was taking bids for a $15 million deal to outfit that country's presidential guard. The representative was an undercover FBI agent…
http://money.cnn.com/2010/11/17/news/companies/smith_and_wesson.fortune/?section=magazines_fortune
