Monday, February 28, 2011

web site about the 21 foot rule

This web site is all about the 21 foot rule.
http://www.21footrule.com

Friday, February 11, 2011

02-11-11

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



F Troop Will Accept Comments until February 14: If you're one of the nearly 71 million Americans who live in the four southwest border states, some of your gun purchases could soon be reported to the federal government.  And whether you live in one of those states or elsewhere, your help is needed now to stop the federal government's plan to register Americans' gun purchases. The Bureau of Alcohol, Tobacco, Firearms and Explosives is demanding the authority to require all of the 8,500 firearm dealers in California, Arizona, New Mexico and Texas to report all sales of two or more semiautomatic rifles within five consecutive business days, if the rifles are larger than .22 caliber and use detachable magazines.  For example, a dealer would have to tell the government every time a deer hunter in Sacramento or Amarillo finds a good deal on a pair of semi-auto .30-06s like the popular Remington 7400. The ATF has no legal authority to demand these reports, and the flood of new paperwork will waste scarce law enforcement resources that should be spent on legitimate investigations…

http://www.nraila.org/Legislation/Federal/Read.aspx?id=6232
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NRA's LaPierre Places Blame for Tucson Shootings:
National Rifle Association president Wayne LaPierre harshly criticized gun control advocates, the Obama administration and members of the media at the Conservative Political Action Conference Thursday, arguing that they are lying when they say bans on certain firearms or ammunition clips will protect Americans. LaPierre said U.S. gun laws provide more protection to killers like the Virginia Tech and Tucson shooters than to the victims of their attacks, and suggested the current environment puts women at risk for rape. He condemned "gun-free zones and anti-self defense laws that protected the safety of no one except the killers and condemned the victims to death without so much as a prayer." … LaPierre said that the situation in Egypt shows that the Second Amendment remains necessary, as illustrated by the protests in Egypt. He said that "the presence of a firearm" in the hands of good people "makes us all safer."

http://www.cbsnews.com/8301-503544_162-20031399-503544.html
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Late to the Party?: …Last week, I learned something. People who own firearms or at least understand that they are a useful tool will probably tell me I'm late to the party with this little insight, but I'm going to throw it out there anyway: I learned that people who are deathly afraid of firearms and wouldn't dream of handling one, much less owning one, actually may be incapable of seeing them as defensive weapons. I can think of no other way to explain many of the reactions to the column I wrote last week. The point of that piece, in case you're among those who missed it, was that the potential for an interruption of government's ability to protect its citizens is something no one should ignore. The breakdown of order in Egypt was the news peg for exploring the idea. As police and military units reacted to the potential for large-scale violence in central Cairo- as, obviously, they would be expected to do – people in places that weren't central Cairo were left to provide for their own safety…

http://www.cleveland.com/obrien/index.ssf/2011/02/a_few_ideas_for_you_to_shoot_a.html
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South Dakota Cannot Deny Permits to Legal Aliens: …Not decided on Second Amendment or other RKBA grounds. Very straightforward application of existing doctrine on equal protection and legal aliens. In short, state (but not federal) discrimination against legal aliens is subject to strict scrutiny. There is an exception for "governmental functions" which involve discretion in self-governance of the polity–such as voting, teaching in public schools, being a peace officer, etc. Those exceptions were not relevant here, so the South Dakota limitation of concealed carry permits to citizens only is preliminarily enjoined.

http://www.makereadyforum.com/viewtopic.php?f=178&t=62400&p=3415848&e=3415848
http://www.archive.org/download/gov.uscourts.sdd.47987/gov.uscourts.sdd.47987.40.0.pdf
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Arkansas Open-Carry Bill Hits Snag: A bill to allow Arkansans to carry guns openly in holsters received a House committee's strongest rebuke today. The House Judiciary Committee approved a "do not pass" motion on House Bill 1051 by Rep. Denny Altes, R-Fort Smith. The voice vote was not unanimous. The motion prohibits Altes from bringing the bill back before the committee this session unless two-thirds of the members vote to do so… Altes said after the meeting that he has no plans to bring the bill back to the committee. He said he would draft another bill that would clarify or redefine several parts of the law regarding the carrying of handguns. The new measure, he said, also would allow for the carrying of a gun in a holster as long as the person has a concealed weapons permit. During the meeting, Altes read to lawmakers the 2nd Amendment to the U.S. Constitution and said that the right to bear arms "means to carry." He said the state's poor citizens are being deprived of the right because it costs between $200 and $300 to get a permit to carry a concealed weapon… (While this certainly has the potential to become a civil-rights issue, I doubt that it will.)

http://arkansasnews.com/2011/02/10/panel-rejects-bill-to-allow-open-carry-of-handguns/
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Life in LaLa Land: On February 4, 2011, lawyers for the National Rifle Association (NRA) and California Rifle & Pistol Association (CRPA) submitted an opposition letter to the Los Angeles City Council's proposed expansion of the City's gun purchaser warning letter program (hereafter, "the Program"). The City's Program originally consisted of sending the so-called "warning letters" to new gun buyers who resided in specific neighborhoods in the City. Gun buyers in the targeted areas received the letter from the Los Angeles City Attorney's Office. It was signed by the City Attorney, Attorney General of California, and Los Angeles Chief of Police and indicated that the gun purchase had been documented. The letter also stated that the new gun buyer might be prosecuted if he or she transferred the gun without completing a "Dealer Record of Sale" (DROS) form, and the gun was subsequently used in a crime. The letters typically arrived a few days into the ten day waiting period on a firearm purchase, and scared some legitimate customers away from completing the sale and picking up the firearm at the end of the waiting period… (Sounds like racial profiling to me.)

http://www.ammoland.com/2011/02/10/nra-crpa-oppose-los-angeles-gun-purchaser-warning-letter/
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RKBA Bills Advance in Virginia: … In the past two years, Virginia's lawmakers have been busy passing multiple pro-gun bills, and their efforts have not gone unnoticed by local residents… The most well-known bill passed last year was the concealed carry law that allows citizens to carry concealed handguns into bars, as long as they do not drink. Virginia is slowly positioning itself close Texas on the list of most gun-friendly states. This year, Roanoke Delegate Bill Cleaveland is sponsoring a '"Castle Doctrine" bill that could allow Virginians to use deadly force against unwanted intruders in their own home… Citizens of Lynchburg say that expanded gun rights are good for Virginia, and they hope the trend of pro-gun bills continues in Richmond… The five bills that passed the House this week must still gain approval in the Senate.

http://www.wset.com/Global/story.asp?S=14008786
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And in Wyoming: … HB 167 – Castle doctrine modifications – passed with amendments on Feb. 2, Harvey said. The original bill allowed citizens to use force in self defense when they were the legal resident of an occupied structure. The amended bill allows citizens to use force against a person, but only when the person is entering their home or semi-permanent dwelling. "It changed it so we're not talking about a warehouse or something like that," Harvey said. She voted aye, citing second amendment rights. "I think people should have the right to defend themselves." …

http://lovellchronicle.com/Read/AllStories/tabid/754/articleType/ArticleView/articleId/4373/House-Bills-passed-on-third-reading.aspx
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More on Illinois Carry Bill: State Rep. Dan Beiser said he is working to bring Illinois in line with 48 other states in co-sponsoring legislation allowing responsible gun owners to carry concealed weapons in public. "As a legislator, I am always advocating for the protection of the Second Amendment and preserving the right of lawful citizens to own firearms," said Beiser, D-Alton. "For too long, we have been preventing law-abiding citizens from being better able to protect themselves and their families by denying them the opportunity to have permits to carry concealed weapons." House Bill 148 creates the Family and Personal Protection Act, which would give county sheriffs the authority to issue concealed firearm permits to qualified applicants 21 years and older who are Illinois residents and U.S citizens. Qualified applicants will have to complete classroom and shooting range instruction and must not have been convicted of a felony, be free on bond or have any arrest warrants pending. Qualified holders of the permit would not be able to carry firearms in certain areas, including police stations, courthouses, airports and churches…

http://www.thetelegraph.com/news/gun-50418-law-alton.html
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While in Maryland…: Delegate Michael Smigiel, a Republican from Cecil and a concealed-carry permit holder, is working with Delegate Tiffany Alston, a Democrat from Prince George's, to clarify language in the state's handgun carry law that Second Amendment advocates have long complained infringes on their rights. At issue is a requirement to show a "good and substantial reason" to carry a gun, a cornerstone of Maryland's law that forces applicants to establish a compelling need for the license. When the General Assembly passed the state's handgun carry law in 1972, giving state police discretion to award permits, it did not define what constitutes a good and substantial reason to carry a gun. As a result, state police have interpreted court decisions over the years to decide whether each applicant fits the criteria for a permit. "The state police are enforcing a law they can't define clearly," said Alston, a lawyer. "The fact they're using case law puts the ball back in our court. We need to go ahead and tackle the issue and get a definition." Almost annually, lawmakers file legislation aimed at repealing the good and substantial clause. Each has died in committee, including proposals filed in recent sessions by a former Harford County Democrat…

http://somd.com/news/headlines/2011/13236.shtml
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Hearings Next Week for Ohio RKBA Bills: Both chambers of the Ohio General Assembly have scheduled hearings next week on pro-gun legislation supported by Buckeye Firearms Association… Both HB45 and SB17 contain the language from SB239 in the 128th General Assembly. The bills seek to allow citizens who hold a valid concealed handgun license (CHL) to carry a firearm in restaurants, and to reduce burdensome restrictions regarding how a license holder must transport a firearm in a car. Both HB54 and SB61 contain the language from SB247 in the 128th General Assembly. The bills seek to align Ohio law with federal statutes regarding the restoration of rights to Ohio firearms purchasers. Ken Hanson, Legislative Chair of Buckeye Firearms Association, said, "These bills addresses three important issues facing Ohio gun owners and concealed carry license holders and seek to align Ohio law with federal law and the laws of our surrounding states." …

http://www.buckeyefirearms.org/node/7654
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Swiss Vote on RKBA Sunday: The Swiss are set to vote Sunday on a referendum that would limit the right to bear arms and upend centuries of tradition of civilians keeping military weapons at home in Europe's most gun-friendly nation. If approved, the referendum would force military reservists to store their government-issued weapons in secure public arsenals. It also would create a national registry for all guns and ban private ownership of weapons defined as highly dangerous, such as pump-action and fully automatic weapons. The issue clearly has touched a nerve and set off an emotionally charged debate over what it means to be Swiss… (If the above statement is accurate, the Swiss leftists regard a pump-action shotgun as more threatening than an autoloading one. Perhaps they base that on the fabled effect of the mere sound of racking the action. If you are unfamiliar wit how interwoven the RKBA is with Swiss identity, be sure to read this entire article.)

http://www.washingtontimes.com/news/2011/feb/10/arms-friendly-swiss-to-vote-on-gun-curbs/
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Tangentially Related: Any discussion of who's likely to succeed outgoing Sen. Jon Kyl of Arizona needs to factor in the following: If Rep. Gabrielle Giffords wants the seat, it's hers. The three-term Democratic congresswoman explored the idea of running for the Senate seat in the event of Mr. Kyl's retirement before she was shot Jan. 8 at a constituent meet-and-greet in Tucson. Her rehabilitation from a gunshot wound to the head reportedly is proceeding faster than expected. Mr. Kyl announced Thursday that he would not seek a fourth term in 2012. If Ms. Giffords decides she's game for a Senate run and if her health permits, she would be virtually impossible to defeat, said Bruce Merrill, Arizona State University professor emeritus and longtime pollster… (This does not give me warm, fuzzy feelings. Despite Giffords' obligatory pose about being a good shot with her Glock 19, she holds a "D" rating from GOA. I'm unfamiliar with Merrill's "batting average" as a pollster and this appears to be a personal opinion, not the claimed result of a poll.)

http://www.washingtontimes.com/news/2011/feb/10/giffords-is-seen-as-shoo-in-for-kyls-seat/
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Thursday, February 10, 2011

02-10-11

by permission from Stephen P. Wenger
comments in () by the same

From GOA: …The Bureau of Alcohol, Tobacco, Firearms and Explosives is waging a war on innocent gun owners, and not surprisingly, the Obama administration has done nothing to keep them in check. You are no doubt aware of how the agency has been going after honest gun dealers in recent years.  Combine that with byzantine federal laws and regulations – subject to BATF interpretation – and it's no wonder the number of FFL holders has decreased almost 80%… The agency also put millions of gun owners in its crosshairs when it reclassified shotguns that are equipped with pistol grips.  By decreeing in 2009 that such firearms are not "shotguns," the ATF acted as a de facto legislative-making body... quietly turning millions of gun owners into potential criminals overnight… One Senator on Capitol Hill is looking into the agency's contemptible practices and asking pointed questions of ATF Acting Director Ken Melson… ACTION:  Ask your Representative to urge the Chairman of the Oversight and Government Reform Committee to hold hearings on the ATF.  This agency needs to be on top of the Chairman's list of government abuses to investigate.  You can use the Take Action feature below to send your Representative a pre-written message.

http://capwiz.com/gunowners/issues/alert/?alertid=26536771
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DOJ Denies Gunwalker Allegations: The U.S. Justice Department denied a claim made to lawmakers that two guns sold in purchases sanctioned by federal firearms agents were later used in a shootout that left a Border Patrol agent dead near the Arizona-Mexico border. Assistant U.S. Attorney General Ronald Weich said in a letter obtained Tuesday by The Associated Press that the claim that agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives sanctioned or knowingly allowed the sale of assault weapons to straw buyers who then brought them to Mexico is false. Such a claim was made about guns used by bandits in the Dec. 14 fatal shooting of Border Patrol agent Brian A. Terry… Grassley, who was examining the claim received by his fellow Senate Judiciary Committee members, had previously said that he received information that appeared to partially corroborate the claim. Grassley spokeswoman Beth Pellett Levine said the Justice Department denied one aspect of allegations presented by whistleblowers and promised to give the senator a briefing. "However, the briefing has still not occurred, and documents provided with the allegations are not consistent with that denial," she said. "There are many specific questions that need to be answered in full by the Justice Department as soon as possible." …

http://www.google.com/hostednews/ap/article/ALeqM5jPM9pJmJKqeODDsEAmM63_6YDvOg?docId=cabff60adfe4422b9bd95d1f3accda68

… If one were to ask Assistant Attorney General Ronald Weich how this was allowed to happen, he might respond as he did to Senator Grassley's inquiries: "At the outset, the allegation described in your January 27 letter-that ATF "sanctioned" or otherwise knowingly allowed the sale of assault weapons to a straw purchaser who then transported them into Mexico-is false." Further, Weich makes an accusation typical of the Obama Administration, wherein accusing the accuser is routine. "We also want to protect investigations and the law enforcement personnel who directly conduct them from inappropriate political influence. For this reason, we respectfully request that Committee staff not contact law enforcement personnel seeking information about pending criminal investigations." Assistant Attorney General Weich issued the denial and warning on February 4th, 2011 and raised the stakes in a high-level game of chicken with the Senate Judiciary Committee. Senator Grassley's response was quick and effective issuing this letter with attached corroboration of the charges…

http://www.americanthinker.com/blog/2011/02/sen_grassley_time_for_atf_to_c.html

Senator Charles Grassley has written a letter to Attorney General Eric Holder dated February 9 concerning "serious allegations from ATF whistleblowers." Per Grassley: "ATF agents told my staff that the agency allowed the sale of assault rifles to known and suspected straw purchasers for an illegal trafficking ring near the southwest border. Authorities allegedly recovered two of those weapons at the scene of a firefight near the southwest border on December 14, 2010. Customs and Border Protection Agent Brian Terry lost his life in that firefight and may have been killed with one of those two rifles." … "Unfortunately," Grassley informs Holder, his request that ATF brief his staff has been met with little more than "delay and denial." Citing the Justice Department response to his inquiries denying allegations and requesting that his office not question law enforcement investigators, Grassley reconfirms to Holder "the allegations I received are supported by documentation," and reminds the Attorney General "there is a difference between inappropriate political influence and appropriately holding officials accountable to the American people." …

http://www.examiner.com/gun-rights-in-national/breaking-news-grassley-to-holder-terry-family-deserves-answers

What Can You Do?

http://www.examiner.com/gun-rights-in-national/congressional-research-service-can-be-used-to-expose-project-gunwalker
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Another Look at the 90% Myth: … The remaining 22,800 firearms seized by Mexican authorities in 2008 were not traced for a variety of reasons. In addition to factors such as bureaucratic barriers and negligence, many of the weapons seized by Mexican authorities either do not bear serial numbers or have had their serial numbers altered or obliterated. It is also important to understand that the Mexican authorities simply don't bother to submit some classes of weapons to the ATF for tracing. Such weapons include firearms they identify as coming from their own military or police forces, or guns that they can trace back themselves as being sold through the Mexican Defense Department's Arms and Ammunition Marketing Division (UCAM). Likewise, they do not ask ATF to trace military ordnance from third countries like the South Korean fragmentation grenades commonly used in cartel attacks. Of course, some or even many of the 22,800 firearms the Mexicans did not submit to ATF for tracing may have originated in the United States. But according to the figures presented by the GAO, there is no evidence to support the assertion that 90 percent of the guns used by the Mexican cartels come from the United States – especially when not even 50 percent of those that were submitted for tracing were ultimately found to be of U.S. origin. This point leads us to consider the types of weapons being used by the Mexican cartels and where they come from…

http://www.stratfor.com/weekly/20110209-mexicos-gun-supply-and-90-percent-myth
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It Sounds as Though…: The White House is pressing ahead with rules meant to slow the flow of weapons to Mexico, a high-ranking U.S. official said on Wednesday, despite fears among gun control advocates that the Obama administration may be backing away from the plan. In an attempt to curb gun running to Mexico, the Bureau of Alcohol, Tobacco, Firearms and Explosives said in December it would tighten reporting requirements for dealers in several southwest states on sales of multiple semi-automatic weapons… The ATF made an emergency request for the White House Office of Management and Budget (OMB) to approve the new rules, which are opposed by the powerful gun lobby. The OMB concluded the request did not qualify for emergency consideration, which would have allowed it to approve the new rules in January, and it could be months before the OMB acts, he said… (While this sloppily written propaganda piece does detail the claim in its opening sentence, it sounds as though F Troop will gain the approval for the multiple-purchase report on long guns, just so long as they allow the normal 60-day period for public comments.)

http://www.reuters.com/article/2011/02/09/us-usa-firearms-mexico-idUSTRE7187AV20110209
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A New Poster Child for the Prohibitionists?: The fiancee of a congressional staffer killed along with five others in the shooting that severely injured Rep. Gabrielle Giffords, D-Ariz., urged state lawmakers Tuesday to ban gun magazines that hold more than 10 rounds. Authorities said Jared Loughner, who is charged in last month's shootings near Tucson, used a high-capacity magazine to fire 31 shots in 15 seconds from a pistol he purchased legally… Rep. Steve Farley, D-Tucson, has authored House Bill 2711, which would reclassify magazines that can hold more than 10 rounds as prohibited weapons. As such, their manufacture, sale and possession would be a felony… Rep. Carolyn McCarthy, D-N.Y., and Sen. Frank Lautenberg, D-N.J., have introduced similar bills in Congress… O'Brien, a nurse in the neurology unit at the Tucson Medical Center, had been engaged to Zimmerman, Giffords' community-outreach director, for six months. They planned to marry next year. She said that although she supports every American's right to bear arms, limiting ammunition magazines to 10 rounds would help prevent mass killings… (A British commentator recently opined that the prohibitionist movement in the US is suffering because James Brady is no longer able to make public appearances. Is O'Brien being set up as the new Brady? Oh yeah, full capacity magazines were not illegal under the old "assault weapon" ban. It was just illegal to sell new ones to private citizens; it was no crime to retain one you had already acquired legally nor even to sell or purchase one that was not marked as post-ban.)

http://www.azcentral.com/arizonarepublic/local/articles/2011/02/09/20110209slain-gabrielle-giffords-staff-.html
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NRA's Next President: Two faces that are quite familiar to conservatives nationwide will be moving to some key positions.  David Keene, chairman of the American Conservative Union since 1984, is leaving the helm of the nation's oldest conservative membership organization.  Keene, who is also a vice president of the National Rifle Association, is expected to assume the presidency of the NRA once held by the late Charlton Heston… (I'm not convinced that an NRA president can make much difference beyond being a useful figurehead. LaPierre seems to have the bureaucracy well sewn up. In fact, unless someone can convince me otherwise, I don't believe one can get to be NRA president without the support of that bureaucracy.)

http://www.humanevents.com/article.php?id=41701
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Montana Could Upgrade FFA: Lawmakers in the state of Montana who initiated the idea of a Firearms Freedom Act to declare guns made, sold and kept in the state exempt from federal regulations now want to beef up the plan. They want penalties to apply to any "official, agent, or employee" of the federal government "who purposely or knowingly enforces a law, regulation, or order of the United States relating to a personal firearm, firearm accessory, or ammunition manufactured in this state." The idea follows closely the outline of a provision adopted by Wyoming when lawmakers there originally approved their own Firearms Freedom Act. WND reported when Wyoming included penalties for any agent of the U.S. who "enforces or attempts to enforce" federal gun rules on a "personal firearm." The costs there could be up to two years in prison and $2,000 in fines for an offender. Meanwhile, a number of additional states are considering during their 2011 legislative sessions the provisions of a firearms freedom act, and they could double the number of states with such laws…

http://www.wnd.com/index.php?fa=PAGE.view&pageId=261893
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"Common Sense" Infringements in Delaware: Gov. Jack Markell announced a package of bills Wednesday aimed at strengthening Delaware's gun laws. Calling the legislation "common-sense bills," Markell immediately drew criticism from gun-rights advocates as well as proponents of tighter controls. Markell outlined a slate of gun-control measures during his 2008 campaign, but these are the first bills he helped draft and recruit sponsors for. As he announced the proposed legislation, Markell was flanked by state and local police, Delaware Attorney General Beau Biden and several elected officials. The first-term governor insisted the bills will not affect responsible gun owners, saying he saw them as tweaks to existing laws…

http://www.delawareonline.com/article/20110210/NEWS02/102100356/1114/entertainment/Markell-announces-package-gun-bills?odyssey=nav|head
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Life in California:
A long-term list member just submitted this:
There are about 2,350,000 residents in Riverside County, Ca. and about 625 CCW permits. (0.03%). The County Board of Supervisors recently approved a resolution urging the sheriff to grant concealed firearms permits to law-abiding residents who cite "personal defense" as the reason for wanting one. Even though this resolution passed, it is my belief that "personal defense" is not being accepted by the Sheriff as a reason for issue. I was recently approved after first being denied in 2003. I was told then that my "Good Cause" statement (GC) was not sufficient to pass muster. I believe my 2003 statement was stronger than the one I submitted a few months back but now I know it contained "poison words." Sheriff Stan Sniff has clarified the GC necessary to convince the department that the issue is "warranted" and needed. He has eased (slightly) the "requirements" for obtaining a CCW permit. While an applicant must still comply with all the standard California "Objective" criteria, the GC statement has and still is the lone "Subjective" element…
While the rest of his summary does not included his own good-cause statement, if you are in Riverside County, I can forward to you what he did send or ask him if he is willing to be contacted directly.
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Oops, Wrong Church: James McAbee, pastor at the Lighthouse Worship Center on West Cardinal Drive, was prepared to defend his church on Sunday when burglars targeted the building. McAbee said he had left church and was traveling on West Cardinal Drive toward U.S. 69 at about 2 p.m. when he saw a young man punching a window out of the church's youth building. The teenager was standing on another teen's back, who was down on all fours. The pastor dialed 9-1-1 as he circled back to the church and was told by a dispatcher that a squad car would arrive in five to 10 minutes, he said. McAbee said he was content to wait on authorities, until he heard items being thrown around inside the youth center, which was being renovated. Not wanting to see the church's progress go to waste, McAbee said he told the 9-1-1 operator that he was a concealed weapon permit holder and was going to tell the men to lie down until police arrived… (All's well that ends well but Texas is more lenient than most states regarding the use of deadly force in the protection of mere property. Had things gone worse, would the potential damage to the church been worth the cost of a legal defense at trial and the pastor's reputation in the community?)

http://www.beaumontenterprise.com/news/crime/article/Pastor-nabs-two-burglary-suspects-at-his-church-1000219.php
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Confronting Burglars: A 38-year-old man was fatally shot while trying to break into a car on the Northeastside, police said Monday. Donnell Dennis, who was homeless, was shot about 11:20 p.m. Sunday by the owner of a 2000 Chevrolet Suburban at 4057 Millersville Road, Indianapolis Metropolitan Police Department spokesman Kendale Adams said. Adams said Dennis was armed and ordered two men to the ground. Instead, they opened fire on Dennis. Only Dennis was hit in the exchange of gunfire. The men, identified in a police report as Aaron and Matthew Arnold, both of Indianapolis, have not been charged in the shooting, but the case has been handed to the Marion County prosecutor's office for review. ((Don't assume that just because you are armed the burglar you confront is not. Is it worth the risk?)

http://www.indystar.com/apps/pbcs.dll/article?AID=2011102010352
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Walmart Fires Four for Disarming Shoplifter: The shoplifter smashed Gabriel Stewart up against a wall. It didn't take him long to realize that pressure against his lower back was from a loaded gun held by a desperate man who didn't want to go to jail. The gunman had a firm grip on Stewart's shoulder, telling him and three of his Walmart co-workers, "Don't make me do this." …Instantly, Shawn Ray and Justin Richins kicked into gear, spinning the gunman around. Lori Poulsen ripped the gun away and secured it. They all held onto the man until police arrived minutes later. The four Layton [UT] Walmart employees felt it was mission accomplished. Police officers told them they had done everything right. But a week later, all four were fired from their jobs. Walmart said their actions had violated company policy and put their fellow workers and shoppers at risk… (I can see Walmart not wanting employees to risk escalation by confronting those known to be armed but this was a situation of an immediate and unexpected threat. Perhaps Walmart should simply stop using "loss-prevention officers.")

http://www.ksl.com/index.php?nid=148&sid=14319284
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Oops, Wrong Trail – Some Background: A 15-year-old Cordova [TN] teen who was shot to death last Thursday was killed while participating in a robbery, investigators said Monday. Demario Burnett was found just after 3:30 p.m. Thursday, suffering from a gunshot wound, in front of a home in the 2600 block of Breezy Ridge Trail.  Burnett was taken to Saint Francis-Bartlett, where he later died. Monday, police said Burnett was participating in a robbery at the time he was shot… After the case was reviewed by the MPD's Homicide Bureau, and presented to the Shelby County District Attorney's Office, it was determined that no charges would be filed in his death. According to police, 18-year-old Avian Jackson shot-and-killed Burnett.  Investigators said Jackson agreed to buy a gun from Burnett for $130.  But when they met up Thursday afternoon, Burnett put a gun to Jackson's head and robbed him. Jackson told investigators he pulled his own gun and squeezed of five shots, hitting Burnett three times - once in the right arm, once in the right side of his chest, and once in the right side of his back. He will not be charged with a crime, and has been released from jail, after police determined the shooting was "justifiable homicide." …

http://cordova.wmctv.com/news/people/teen-killed-shooting-was-participating-robbery/52013
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Rule Four Reminder: He was on the hunt for pesky birds in the rafters. One landed on the floor. The plant manager allegedly got down, lay low, fired bird shot from a rifle but missed the bird. However, according to a River Falls [WI] police report and a criminal complaint, an employee was hit in the back of the head. A felony charge for injury by negligent handling of a dangerous weapon was filed against the 29-year-old plant manager of Best Maid Cookie in the River Falls industrial park… The victim is a 28-year-old Baldwin man who had just started working at Best Maid. He claimed he was about ready to toss some cookie dough into a bin when he felt something like a bee sting above his ear. He also claimed to extract a tiny piece of lead from his head. The alleged shooter, the plant manager, was unaware of what happened. He thought he'd just missed the stray bird and walked off. The injured employee said he remained at his post for almost another hour because he wasn't allowed to leave his cookie machine unattended… (Rule Four: Always be sure of your target and what's beyond it. It sounds as though this mishap occurred with a pellet gun.)

http://www.rivertowns.net/event/article/id/97645/publisher_ID/19
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Ten Way Burglars Check if You're Home: Burglars prefer to break into a home when no one is at home. To determine whether the owners are home or not, burglars have come up with several tricks for finding empty homes to burglarize. If homeowners can eliminate some of these telltale signs of an empty house, they may decrease the chance of being burglarized when they are gone…

http://www.lewrockwell.com/rep2/burglar-tricks.html
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Federal Recalls .45 ACP Ammo: Various products are affected: American Eagle® (AE45A, AE45N1, or AE45A250), Champion™ (WM5233), GoldMedal® (GM45B), Hi-Shok® (45C, 45D) and Federal® Personal Defense® (C45C, C45D). Affected lots are 38X628 through 38X765 and 38T401 through 38T414.

http://www.federalpremium.com/pdf/45_Auto_warning.pdf
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Sabre Defense Indictments: A federal grand jury charged Nashville-based gun manufacturer Sabre Defence Industries and five company officers with illegal international arms trafficking. Sabre's largest customer was the U.S. military until the company shuttered operations late last year… In July 2004, Savage displayed his frustration with United States regulators in an e-mail to Hill and Shearon cited in the indictment: "This Iraq situation has companies banging on our door for M16s because we are the only supplier outside the U.S. since the State Department has a lump of granite up their asses with exporting machine guns to anywhere. … I'm not prepared to have bureaucrats in another country tell me how to run my business in the UK, which is incidentally their only reliable ally on the planet." Multiple subsequent e-mails cited in the indictment show company officials openly discussing skirting authorities…

http://www.tennessean.com/article/20110209/NEWS03/102090366/2066/NEWS03/Nashville-gun-maker-Sabre-charged-illegal-arms-trafficking
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But Why?: Gun Digest presents a video of the Taurus/Rossi Circuit Judge revolver carbine. I see no point is firing shot shotshells down a rifled bore and, if I wanted a carbine chambered in .45 Colt, would take a look at Rossi's replicas of the 1892 Winchester – with the caveat that they probably will require smoothing of the internal parts. As to the Winchester buck-and ball loads, I'd rather use a .45 Colt, out of a revolver or a carbine, or a 20-gauge shotgun. No mention is made of placing your ears closer to the barrel-cylinder gap. As H.L. Mencken observed, no one ever went broke underestimating the intelligence of the American people. If you want one as a toy, at least have the honesty to label it as such.

http://www.gundigest.com/firearm-gun-reviews/video-gun-review-rossi-circuit-judge
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Arizona Gun Laws Debated: … Already some of the least restrictive in the nation, there are now moves to make it easier to carry guns into more places. Arizona State Sen. Steve Gallardo opposes many of the bills now before the legislature; he'll explain why. Also joining us Hildy Salzo, president of Arizonans for Gun Safety, and Alan Korwin, a national gun-law expert. We will take a look at a recent undercover investigation by New York City Mayor Michael Bloomberg into one Arizona gun show. Bloomberg would like sellers at such shows to do background checks on all potential buyers… (This video clip runs about 11½ minutes. In my opinion Korwin fails to point out that the majority of gun-show transactions involve licensed dealers and that a private citizen can lawfully sell a firearm without a background check at home or any other location in Arizona. I'm not that impressed with the argument for stricter enforcement of existing laws when there are so many bad ones on the books.)

http://www.azfamily.com/news/politics/politics-unplugged-arizona-gun-laws-115295064.html
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Monday, February 7, 2011

02-07-11

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


Big Brother Gets No Respect: … If Obama has disappointed both sides so far, the tragedy in Tucson provides a possible pivot point. Senior White House aides have said the President will address the gun issue sometime soon, though they've declined to offer specifics on the timing and format. Equally unclear is what Obama wants to say – or what he thinks political considerations will permit him to. Riled by Obama's decision to duck the issue in his State of the Union address, gun-control advocates are urging aggression. "The President should stand up [on guns]," New York City Mayor Michael Bloomberg told MSNBC's Rachel Maddow. "It's one of the issues he can build a legacy on." Two years of silence suggest Obama feels hemmed in by the zeal of the gun lobby, whose aversion to any Second Amendment limitations are widely thought to have backfired on Bill Clinton and Al Gore. On one side of the equation, it makes sense to draw on his growing store of political capital now, before the grisly scene outside the Tucson Safeway fades from public memory. On the other hand, the President may be skittish about taking a polarizing stand on guns as he's tacking to the center on a host of other domestic policy matters…

http://www.time.com/time/politics/article/0,8599,2046592,00.html
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How High Did Gunwalker Go?: A source who has been providing information that has consistently panned out in the ongoing "Project Gunwalker" investigation  is claiming that Assistant Attorney General for the Criminal Division of the Department of Justice, Lanny Breuer, was party to the decision to overrule the Bureau of Alcohol, Tobacco, Firearms and Explosive's representative to Mexico.  Former attaché Darren Gil reportedly advocated informing the Mexican government of gun monitoring operations that resulted in "Project Gunwalker" allegations, and has since resigned his post, one sources say is now to be filled by current ATF Phoenix Field Division Special Agent in Charge William Newell… Was the alleged decision to not inform the Mexican government the beginning of a directed cover-up effort that resulted in the death of a Border Patrol agent?  Will this be explored in the Senate investigation? And will they look at apparent disconnects between these allegations and what Breuer and colleagues told the House Committee on Oversight and Government Reform in July of 2009? …

http://www.examiner.com/gun-rights-in-national/did-lanny-breuer-play-a-role-project-gunwalker
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Legal Musings on U.S. v. Lopez: …On appeal before the U.S. Court of Appeals for the Fifth Circuit, Lopez successfully argued that the GFSZA exceeded the scope of federal power.  Specifically, Lopez argued, and the Fifth Circuit agreed, that this law could not be justified as a permissible exercise of Congress' power to "regulate commerce . . . among the several states."  "The United States Constitution establishes a national government of limited and enumerated powers," the opinion began, followed by references to James Madison, The Federalist Papers, and the Tenth Amendment. The Fifth Circuit's opinion was something of a surprise.  The Supreme Court had not rejected a federal law for exceeding the scope of the commerce clause in over fifty years, and it was generally assumed (particularly among legal academics) that Congress could do anything it wanted in the name or regulating commerce, so long as it did not intrude upon the Bill of Rights.  As Bruce Ackerman explained in volume I of We the People: After the New Deal revolution, "[a] commitment to federalism . . . was no longer thought to require a constitutional strategy that restrained the national government to a limited number of enumerated powers over economic and social life." As a narrow majority of the Supreme Court had explained in Garcia v. San Antonio Metropolitan Transit Authority (1985), the remaining safeguards on federal power were "political," not judicial.  As a consequence, federal judicial opinions invalidating federal statutes for exceeding the scope of federal power were few and far between… (The original version of the Gun Free Schools Zones Act was overturned in Lopez; the replacement version, with the verbiage, "moved in or otherwise affects interstate or international commerce" has yet to be challenged.

http://volokh.com/2011/02/06/was-the-fifth-circuit-wrong-in-lopez/
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No Specific Mention of the Logical Response: …More than 1,800 pharmacy robberies have taken place nationally over the last three years, typically conducted by young men seeking opioid painkillers and other drugs to sell or feed their own addictions. The most common targets are oxycodone (the main ingredient in OxyContin), hydrocodone (the main ingredient in Vicodin) and Xanax. The robbers are brazen and desperate. In Rockland, Me., one wielded a machete as he leapt over a pharmacy counter to snatch the painkiller oxycodone, gulping some before he fled. In Satellite Beach, Fla., a robber threatened a pharmacist with a cordless drill last week, and in North Highlands, Calif., a holdup last summer led to a shootout that left a pharmacy worker dead… (That last sentence is the only mention in the entire article that suggests that a pharmacist or pharmacy technician may have been armed. Again we see a newspaper that cannot distinguish between theft and robbery. The latter involves the threat or use of force.)

http://www.nytimes.com/2011/02/07/us/07pharmacies.html?ref=us&pagewanted=all
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Why the Gun Is Civilization: Human beings only have two ways to deal with one another: reason and force. If you want me to do something for you, you have a choice of either convincing me via argument, or force me to do your bidding under threat of force. Every human interaction falls into one of those two categories, without exception. Reason or force, that's it. In a truly moral and civilized society, people exclusively interact through persuasion. Force has no place as a valid method of social interaction, and the only thing that removes force from the menu is the personal firearm, as paradoxical as it may sound to some. When I carry a gun, you cannot deal with me by force. You have to use reason and try to persuade me, because I have a way to negate your threat or employment of force. The gun is the only personal weapon that puts a 100-pound woman on equal footing with a 220-pound mugger, a 75-year old retiree on equal footing with a 19-year old gangbanger, and a single gay guy on equal footing with a carload of drunk guys with baseball bats. The gun removes the disparity in physical strength, size, or numbers between a potential attacker and a defender…

http://jpfo.org/articles-assd02/marko.htm
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Twelve States to Consider Campus Carry: Before the law allowed senior criminal justice major Sean Langan to drive, smoke or drink, he knew how to safely fire a gun. Langan grew up around guns; his father is a retired Secret Service officer who participated in competitive shooting during his career with the federal agency… While he recognizes that he is no expert on handling guns, Langan feels comfortable going to shooting ranges with friends and introducing them to the basics. But there is one place Langan knows he cannot have and does not want to have a gun: Towson University… In light of events such as 2007's Virginia Tech shootings and an attempted assassination of a United States representative on Jan. 8, lawmakers are pushing for legislation that would give students, faculty and staff the right to carry concealed handguns while on campus. Legislation to allow concealed carry on college campuses is pending in 12 states, including Texas, Virginia and Florida, according to Students for Concealed Carry on Campus… (And, if campus-carry legislation were to pass in Maryland – along with CCW reform – Langan would retain the right to remain defenseless on campus. If it was Langan who posed for that last photo, it would appear that his father did not teach him that the clip on that type of holster is supposed to go over the belt.)

http://www.thetowerlight.com/2011/02/twelve-states-aim-for-college-gun-rights/

… Currently, 30 states statutorily ban firearms on public college campuses. Of the remaining 20, 19 have no official stance on concealed weapons on campuses, instead allowing colleges to make their own decisions. The twentieth state, Utah, actually mandates that public colleges specifically give their students the right to carry a concealed handgun on campus. In December 2009, the student senate at Colorado State University in Fort Collins, Colo. passed a resolution in support of concealed carry on campus. Supporting students gave reasons such as self-defense, constitutional rights and research showing concealed carry makes people safer… The group Students for Concealed Carry on Campus (SCCC) describes itself as a grassroots organization started to support concealed carry efforts at colleges. The main goal of the group is to grant those individuals who already possess a license the right to carry concealed weapons on their respective college campuses. According to its website, the group boasts 42,000 members nationwide, and is composed of college students, professors, and college employees alike… (It's a shame that they can't find better photos to accompany these articles – if the guy in this one were really drawing a loaded firearm, he'd cross his non-gun hand with the muzzle.)

http://dailycollegian.com/2011/02/06/students-advocate-for-concealed-weapons-rights/
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Discreet Carry in Maryland: Who has the right to carry a concealed weapon in Maryland? That's the question that has not only sparked a debate at the Statehouse in Annapolis but also among those who want to carry a concealed weapon for personal protection. Some believe that limiting the number of concealed carry permits reduces crime and gun violence while others believe it makes it worse… A "may-issue" jurisdiction, such as Maryland, requires people to have a permit to carry a concealed handgun and the granting of such permits is partially at the discretion of the local authorities. Only three states, Alaska, Arizona and Vermont, require no permit to carry a concealed handgun. The District of Columbia, Illinois and Wisconsin do not allow concealed carry permits. Del. Michael Smigiel, R-District 36, said he doesn't think Maryland's concealed carry regulations are either right or constitutional. Smigiel introduced a bill in the House of Delegates that would make concealed carry permits issued by Delaware, Pennsylvania or Virginia valid in Maryland. The surrounding states do not have a reciprocity agreement with Maryland permit holders. Smigiel said allowing people out-of-state to carry in Maryland will give Marylanders the opportunity to get concealed carry permits in the surrounding states. After the legislation was introduced Jan. 12, the bill was sent to the House Judiciary Committee, where it was debated for more than three hours during a public hearing. The bill remains in committee…

http://www.carrollcountytimes.com/news/local/state-laws-on-handgun-permits-spark-debate-among-legislature-residents/article_785af6ca-318f-11e0-8592-001cc4c03286.html
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Discreet Carry in South Carolina: Concealed weapons permit instructors are seeing higher enrollment in their courses following the assault of a downtown merchant. Walter "Rusty" Peagler is the chief weapons instructor for Patriots In Training, a course designed to teach gun owners how to properly use their weapon. "We talk about eliminating a threat, or stopping a threat. That's what we are trying to do first and foremost," Peagler explained. The 8-hour concealed weapons permit training course he taught on Saturday reached full enrollment. The same is true for the next CWP course he will teach. "I don't ever want to be in a situation where I'm vulnerable and can't protect myself," Carolyn Atkinson said. She is a real-estate agent and felt compelled to get a CWP when working late with potentially dangerous clients. "If I'm going into a property and showing a house and I get into a situation, and having a concealed weapon, then I can protect myself." Peagler said interest in for his CWP course soared after Hartsville police found a store owner assaulted, robbed and left in her store after assailants set it on fire last month…

http://www.wmbfnews.com/story/13977633/cwp-enrollment-up-in-hartsville

One had a concealed weapon permit. The other kept a gun in his tow truck. A Christmas Eve argument between the two men – over an apparent parking violation in a Bluffton neighborhood – left Carlos Olivera dead from gunshot wounds and Preston Oates arrested and charged in his death. The incident could be a case study in South Carolina laws that govern firearms and the use of lethal force. Oates, a 27-year-old tow-truck driver, fatally shot Olivera, 34, on Dec. 24 after the two men argued over a parking boot Oates placed on Olivera's minivan, which was parked on Live Oak Walk in the Edgefield neighborhood… Both Olivera and Oates had Glock .40-caliber pistols on them or nearby on the night Olivera was fatally wounded, Beaufort County Sheriff P.J. Tanner has said. Olivera's family members have said Olivera was shot execution-style while he had his back to Oates. Olivera was shot six times – four times in the back, once in the arm and once in the head – according to the 14th Circuit Court Solicitor's Office. Olivera had a valid concealed weapon permit but never fired his gun, according to the Beaufort County Sheriff's Office. Witnesses said Olivera did not point his gun at Oates, but Nelson Olivera, the victim's brother, told investigators that Carlos Olivera removed the gun tucked in his waistband, showed it to Oates and put it back, Beaufort County Staff Sgt. Angela Viens said during a pre-trial hearing… (This appears to have been a fatal lesson in how not to use a firearm in a dispute.)

http://www.islandpacket.com/2011/02/06/1538278/shooting-raises-questions-on-concealed.html
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Discreet Carry in Ohio: Nearly 200,000 Ohioans have been issued a license to carry a concealed handgun since the state's concealed carry law took effect in April 2004. Here in Lorain County, since 2004, a total of 5,416 concealed carry licenses have been issued. In 2010 alone, the Lorain County Sheriff's Office issued 852 new licenses, according to data provided by the Attorney General's Office and Sgt. Diana Nicholl. In 2009, 798 licenses were issued. The number of new applicants has grown annually since 2006. Neighboring Huron County issued 234 licenses in 2009, and Erie County's sheriff issued 1,058… When the law first went into effect, opponents argued there would be more crime and weapons assaults. That has largely proven to not be the case, Lorain County Sheriff Phil Stammitti said…  Sigsworth said Erie County hasn't had any major problems either… The growth of concealed carry in Ohio reflects a widespread acceptance in most parts of the nation since 1987 when Florida opened the door to concealed carry… (The last statement is inaccurate. While the majority of states followed Florida's lead in switching to shall-issue of permits valid statewide, prior to the 1987 reform, there were already eight shall-issue states and another 26 that issued or denied under arbitrary-denial statutes. This does not count Vermont, which has never required a permit to carry.)

http://morningjournal.com/articles/2011/02/06/news/doc4d4e19b7cc90d005529107.txt
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Discreet Carry in Michigan: Last year, on average, on every business day at least one person applied for or renewed their permit to carry a concealed pistol in Wexford County. According to county clerk Elaine Richardson, 296 people either applied for a new permit or sought a five-year renewal in 2010. Such statistics show more than a handful of individuals want to be discreetly armed in public. If one Michigan lawmaker's proposal catches on, prohibitions could be lifted on where permit holders can't carry. With a permit, a gun owner may carry a concealed pistol in public, with a few exceptions: schools, places of worship, hospitals, arenas and bars. But those restrictions will cease to exist if lawmakers approve Senate Bill 58, which has been introduced by State Sen. Mike Green (R-Mayville). Citizens would still need the permit to carry a concealed firearm. An accompanying bill, Senate Bill 59, would eliminate county gun boards and turn licensing duties over the Secretary of State… (Note the use of the word "discreetly.)

http://www.cadillacnews.com/news_story/?story_id=1791327&year=2011&issue=20110207
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Meanwhile, in Colorado…: Republican lawmakers are pushing a bill that would allow a "law-abiding person" to carry a concealed weapon without a permit in Colorado, including at universities. Written in partnership with pro-gun group Rocky Mountain Gun Owners, House Bill 1205 is being sponsored by freshman Rep. Chris Holbert, R-Parker. It would make it optional to carry a concealed-carry permit. The bill comes as pro-gun advocates have filed a lawsuit seeking to allow concealed weapons at the University of Colorado. The Colorado Court of Appeals in April 2010 reversed an earlier ruling by El Paso County District Judge David Miller who dismissed a lawsuit filed in 2008 by Students for Concealed Carry on Campus seeking to overturn the University of Colorado's gun ban. Gun control advocates are now asking the Colorado Supreme Court to dismiss the case altogether, thereby upholding the university's ban. It is possible, however, that before the Supreme Court rules on the case, HB 1205 could become law, which would permit concealed weapons without a permit in Colorado, including at colleges and universities. The same prohibited locations for concealed carry, such as public grade schools, would apply…

http://www.thedenverdailynews.com/article.php?aID=11579
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And in Arizona…: The total number of outstanding CWP's is 161, 342, a gain of only six from last month. This is undoubtedly a reflection of the fact that a permit is no longer required to carry discreetly in most venues in the state, resulting in a drop in the rate of applications, coupled with some natural attrition. In the meantime, with the exception of the notorious incident in Tucson, violent crime appears to be declining. While the decline is not doubt attributable to several factors, it certainly belies the blood-in-the-streets predictions we heard from several quarters when the bill was passed.

http://www.azdps.gov/Services/Concealed_Weapons/Statistics/
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Oh, the Noise, the Noise!: Conservationists, shooters, tribes and government agencies are applying pressure on the state commission that wants a shooting range 1 mile southeast of Walnut Canyon National Monument. Some would like the shooting range relocated to a site an hour from central Flagstaff. But so far, Arizona Game and Fish says it plans to proceed with building and opening the shooting range by 2013 at the latest. The proponents say the state's purchase of Foster Ranch ends a difficult 15-year search for a shooting range in northern Arizona. Giving shooters this option, they say, could improve hunter safety training and reduce the number of trashed shooting sites in national forests here. Those opposed say the shooting area would degrade the peace and quiet for Walnut Canyon's 117,000 annual visitors in a monument that's also historically important to 11 tribes…

http://www.azdailysun.com/news/local/article_03e3c1fc-e3e5-577d-93c9-742c1056a5bf.html

…Two modern-day Hopi clans, the Bluebird and Bearstrap clans, say Walnut Canyon is their ancestors' home. "...Hopi traditional practitioners regularly provide offerings and prayers at Walnut Canyon, and the sound of gunshots is incompatible with the natural sounds, including the wind and water required for our prayers," the chairman of the Hopi tribe wrote to state and federal agencies… Kenny Bowekaty is a member of the Pueblo of Zuni Tribe of New Mexico and Arizona, which sees Walnut Canyon as a sacred area. "With Zuni culture, there really are no boundaries to sacred areas, so one place is linked to another," Bowekaty said. Walnut Canyon is a place in Zuni prayers and pilgrimages to collect medicine. Bowekaty is opposed to a shooting range nearby… (I don't recall the Sun being this sympathetic to Native American objections to snowmaking at the nearby Arizona Snowbowl, the largest ski resort in the state.)

http://www.azdailysun.com/news/local/article_3f3242a4-99f1-5efd-9efd-8bfc2b3ca739.html

A majority of the Flagstaff City Council is now on record with serious concerns about a shooting range near Walnut Canyon National Monument. The council voted 6 to 1 last week to draft a nonbinding resolution regarding a shooting range on the 160-acre Foster Ranch site near Walnut Canyon. The resolution will urge the Arizona Game and Fish Department to work with neighboring property owners to mitigate noise pollution and traffic issues. The resolution is expected to further state the council's support for a shooting range in northern Arizona – just not near Walnut Canyon… (No proposed range site is within Flagstaff city limits – why does the Flagstaff City Council get a say? I don't recall the Flagstaff City Council taking a stance against the use of reclaimed water for snowmaking at the Snowbowl.)

http://www.azdailysun.com/news/local/article_f363e680-89d3-5653-9f40-b7bb6468938e.html
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Gander Mountain to Offer High-Tech Training: Gander Mountain announced a pioneering development in the firearms industry with this week's opening of the first Gander Mtn. Academy™ in Lake Mary, FL. Gander Mtn. Academy is the first civilian training facility to offer highly skilled instructors, a variety of comprehensive courses, modern multi-media classrooms, a live-fire range, and exclusive virtual simulation technology previously available only to military and law enforcement agencies, including the amazing V-Range™ - the world's most accurate simulated firing range, and high-definition, multi-screen, virtual simulators that put students to the test in real-world self-defense and recreational scenarios… Each Gander Mtn. Academy is a unique destination experience designed to set new standards for those looking to develop and improve their firearms safety and proficiency – from the novice to the advanced enthusiast, and all in a safety-first, family friendly environment… (Interactive simulators are great training aids, so long as they're programmed to teach the right lessons.)

http://pr-usa.net/index.php?option=com_content&task=view&id=614380&Itemid=28
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Tangentially Related: The Huffington Post, which began in 2005 with a meager $1 million investment and has grown into one of the most heavily visited news Web sites in the country, is being acquired by AOL in a deal that creates an unlikely pairing of two online media giants… Arianna Huffington, the cable talk show pundit, author and doyenne of the political left, will take control of all of AOL's editorial content as president and editor in chief of a newly created Huffington Post Media Group. The arrangement will give her oversight not only of AOL's national, local and financial news operations, but also of the company's other media enterprises like MapQuest and Moviefone…

http://www.nytimes.com/2011/02/07/business/media/07aol.html?_r=1&src=busln

…The price that AOL is paying is "really just the hiring fee to get Arianna," technology analyst Rob Enderle said. "This is one of those out-of-left-field moves that actually makes a lot of sense. This could put AOL back on the map." …

http://www.washingtontimes.com/news/2011/feb/7/aol-buying-huffington-post-315m/

U.S. Rep. Jane Harman (D-Venice), a leading congressional voice on anti-terrorism issues, plans to resign from Congress to head up the Woodrow Wilson International Center for Scholars, a senior congressional source confirmed Monday, setting up a special election to choose her successor in a coastal district that stretches from Venice into the South Bay. She is expected to leave her seat soon to succeed former Rep. Lee Hamilton as head of the Washington-based think tank, though no date was immediately announced. Her departure comes after her Democratic party lost control of the House, and it creates a rare open congressional seat in the Los Angeles area… (Harman holds an "F" rating from NRA and an "F-" from GOA. Woodrow Wilson was a major leader of the Progressive Movement.)

http://www.latimes.com/news/politics/la-pn-jane-harman-congress-20110207,0,2276609.story

Criminals are being successfully prosecuted for up to 40 offences before they are sent to prison thanks to Scotland's "soft touch" justice system, Labour's Holyrood leader has said. Iain Gray produced figures at First Minister's Questions showing six offenders were sentenced to their first jail sentence last year despite having between 31 and 40 previous convictions. Thousands more were only given their first prison sentence after committing up to 30 crimes, according to the official statistics, which were obtained under the Freedom of Information Act. Mr Gray warned the situation will only get worse as Alex Salmond's SNP administration has introduced new laws creating a presumption against judges imposing jail sentences of less than three months. Under the reforms, criminals will instead be forced to carry out community service but the Labour leader said four out of ten of offenders handed this punishment do not complete it… (In other words, the slap-on-the-wrist approach allows criminals to continue preying on their victims.)

http://www.telegraph.co.uk/news/newstopics/politics/scotland/8304342/Scottish-criminals-only-jailed-after-40-convictions.html
--  http://www.spw-duf.info 




Wednesday, February 2, 2011

02-02-11

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





From GOA: Things are happening fast and furiously in connection with our efforts to destroy the anti-gun ObamaCare law. This law would allow the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to troll a national medical database in order to impose gun bans on persons with ailments such as Post Traumatic Stress Disorder (PTSD). For this reason, GOA has been working with Congress to ensure that this abomination is not just "tweaked," but totally repealed… In a massive blow to the Obama administration's socialist anti-gun agenda, Florida federal district judge Roger Vinson held on Monday that ObamaCare was unconstitutional and "non-severable." This means that, if the decision is upheld, the entire law goes into the trash bin. The Obama administration will appeal Judge Vinson's decision to the Eleventh Circuit Court of Appeals in Atlanta – one of the more conservative circuits. Ultimately, the case is expected to be decided by the Supreme Court… ACTION: Contact your two senators. Urge them to support the ObamaCare repeal amendment to the FAA bill and oppose the Schumer "Swiss cheese" amendments.  You can use the Take Action feature below to send your senators a pre-written message.

http://capwiz.com/gunowners/issues/alert/?alertid=25240501
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Senate May Sneak In Magazine Ban: I just got word that there may be an attempt to slip a magazine ban similar to the one proposed by anti-gun Congresswoman Caroline McCarthy into a normally benign Federal Aviation Administration bill using an amendment in the U.S. Senate. They can't really "sneak" it on without a vote on the amendment and therein lies our defense against it. I contacted Virginia Senator Warner's and Senator Webb's office and they confirmed that they have gotten phone calls on this issue this morning from concerned constituents. They say nothing is on the docket for today and they can't yet confirm the validity of the rumor, but they are working on doing so…

http://www.ammoland.com/2011/02/02/senate-sneaking-in-federal-magazine-gun-ban/
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Project Gunwalker Gets National Attention: Two AK-47 assault rifles purchased by a man later arrested in a federal gunrunning investigation turned up at the scene of a fatal shooting of a Border Patrol agent in December, according to sources familiar with the investigation. Whistleblowers who have contacted a U.S. senator allege that federal agents allowed guns, including the AK-47s, to be sold to suspected straw buyers who transported the weapons throughout the region and into Mexico. Law enforcement investigators have not concluded whether either of the guns was used to kill Border Patrol Agent Brian Terry, said a law enforcement source who requested anonymity because the case is ongoing… The AK-47s have become part of a multi-agency federal investigation code-named Fast and Furious, part of a southwest border crackdown on firearms known as Project Gunrunner. The agent's death led one member of Congress to criticize Project Gunrunner and has also roiled officials at the Bureau of Alcohol, Tobacco, Firearms and Explosives who are fighting to save funding for the program…

http://www.washingtonpost.com/wp-dyn/content/article/2011/02/01/AR2011020106366.html?hpid=topnews
http://www.examiner.com/gun-rights-in-national/media-begins-noticing-project-gunwalker
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Non Sequitur to the Rescue!: In an op-ed delivered to Politico today, Rep. Jane Harman (D-CA and a senior member of the Homeland Security Committee) makes the case that despite Tucson shooter Jared Loughner being "a lone gunman who had lost all sense of reality" and "had no connection to the recent spate of Al Qaeda materials available on the Internet" we should enact gun control because of the Al Qaeda materials on the internet that Loughner could have accessed. Or something. It's really hard to tell with all the contradictions and non sequiturs. Harman starts her scary rant by bringing up a book that Al Qaeda put on the internet detailing how to make bombs with common items from a market "all in the comfort of one's home."  She goes on to infer that people who are "mentally disturbed and alienated" might make get hold of these materials.  Harman warns that the publisher of this book also made another edition "highlighting Washington, D.C., as a high-value target" which I'm sure is something that potential terrorists couldn't figure out on their own…

http://washingtonexaminer.com/blogs/beltway-confidential/2011/02/rep-jane-harman-posits-link-between-al-qaeda-jared-loughner-musli
http://www.politico.com/news/stories/0211/48602.html
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Arizona Responds to Bloomberg Meddling: Reacting to an undercover probe of a Phoenix gun show, where New York City-hired investigators bought semiautomatic pistols even after indicating they probably could not pass a background check, Arizona Gov. Jan Brewer Tuesday told Fox News it must mean that Mayor Michael Bloomberg has solved all of his city's problems… "Well, I find it interesting that he's out here in Arizona solving our problems. I guess he believes that he has solved all the problems in New York," Brewer told Greta Van Susteren. "It has been a fascinating story, but we are a big Second Amendment state." … Brewer noted that gun sellers in Arizona have the responsibility not to sell guns to anyone they suspect cannot pass a background check. "It is a state felony and a federal felony," she said. "So those laws need to be enforced." Van Susteren wryly asked Brewer whether she intended to send investigators to New York to investigate anything. "Actually, no. I'll let him take care of his" city she said. "And I'll be taking care of Arizona."

http://www.newsmax.com/InsideCover/Brewer-Bloomberg-Probe-ImpliesNYC/2011/02/02/id/384704

New York City Mayor Michael Bloomberg overstepped his power in authorizing investigators to run an undercover sting operation at a Phoenix gun show, Arizona's attorney general said Tuesday. Bloomberg's office didn't bother to give Arizona police any advanced notice of the plan, Attorney General Tom Horne said. "The fact that no such notification was made indicates this so-called sting is nothing less than a public relations stunt," Horne said. During the sting disclosed Monday by Bloomberg, investigators hired by New York City bought semiautomatic pistols after they said they probably couldn't pass a background check. Bloomberg has authorized similar stings around the country as part of a push for tougher federal laws to help keep guns off the streets of New York. Horne said Bloomberg ought to consider the skyrocketing crime in his city before sending police officers to another state. He cited the latest FBI crime statistics that show robberies, rapes, aggravated assaults and murders increased in New York City in 2010, compared to the previous year… (From information from other sources, it appears that Bloomberg hired Arizona private investigators this time, to avoid possible charges over truly illegal purchases of handguns by non-residents.)

http://www.therepublic.com/view/story/39e0ae9ee3044247bc4e2c5e627486a5/US--Bloomberg_Gun_Control/

Maricopa County Sheriff Joe Arpaio is grumbling about Mayor Bloomberg's undercover sting. He says his office wasn't notified about the operation – and he's taking aim at Bloomberg via Twitter. Arpaio tweeted about sending deputies to New York City to check out their gun and immigration laws. He also called out Phoenix Mayor Phil Gordon. "Where's the coordination with this mayor flooding this area with investigators, paid by him or the City Council in New York?" Arpaio told FOX 10. "I wonder if he got in touch with his buddy here the Mayor of Phoenix… I'll be glad to send my volunteer posse or my people into New York to determine his problems that he has, so why is he worried about Arizona? We have good weapon laws; every citizen has the right to possess guns, so why is he concerned about it?" …

http://www.myfoxphoenix.com/dpp/news/politics/sheriff-joe-vs-mayor-bloomberg-2-1-2011
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Florida County Yields to State Preemption, for Now: Palm Beach County Commissioner Burt Aaronson Tuesday gave up his push for a local ban on the sale of high-capacity ammunition magazines, like those used in last month's Tucson shooting. Aaronson just four days earlier had called for a local ban as well as a state law forbidding the sale of the high-capacity magazines that can hold more than 10 bullets. But after objections from the National Rifle Association, county attorneys determined that state law prevents counties from approving such a ban. Aaronson now plans to focus on supporting a state ban on the sale of the expanded ammunition magazines, which allow firing more than 30 bullets without reloading. On Tuesday, Aaronson and his fellow commissioners agreed to consider supporting a county resolution calling for state legislators to ban the sale of the high-capacity ammunition magazines. "We are going to try to save lives, if Tallahassee helps us," Aaronson said. Aaronson said he is hoping to get support from the Florida Association of Counties to get similar resolutions from across the state to help convince the Legislature to approve a ban… (Surely criminals and the insane will obey such a law, once they have decided to commit murder.)

http://weblogs.sun-sentinel.com/news/politics/palm/blog/2011/02/
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Iowa Gunners Oppose Carry Ban: Law-abiding citizens with permits shouldn't be restricted in their ability to carry concealed weapons. This was the argument from a handful of concealed permit carriers to the Webster County Board of Supervisors during a Tuesday morning discussion. The board is considering a weapon-free zone resolution that would pertain to county owned buildings and property. Allison McBride, of Fort Dodge, who has a permit to carry a concealed weapon, said it the state not local governments that has the power to regulate weapons. "The proposal to pass resolution to ban firearms in government facilities was initiated when Attorney General Tom Miller wrote a letter to all county attorneys suggesting they do so," McBride said. "House Study Bill 19 introduced into legislation last week to make it clear that the state not local government regulates guns and ammunition. Putting up a sign banning guns would be giving employees a false sense of security. No criminal will be thwarted by a sign, and permit holders are not criminals." …

http://www.messengernews.net/page/content.detail/id/536388/Permit-holders-speak-with-Webster-Co--sups.html?nav=5010
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Controversial Case in New Hampshire: A New Hampshire farmer who became a folk hero to gun rights activists after he was imprisoned for brandishing a handgun at a trespasser on his property won early release Wednesday. The New Hampshire Executive Council voted unanimously to free Ward Bird, just two months into his three-year sentence. Bird, 49, of Moultonborough, had sought a full pardon to clear his name. The council voted in his favor, but Gov. John Lynch vetoed the pardon. They then immediately voted to commute his sentence, and Lynch let that vote stand. Bird's felony conviction for criminal threatening with a firearm remains on his record. He can no longer possess guns… Bird's case has become a cause celebre since he was sent to prison Nov. 17, much to the discomfort of the farmer and scout leader whose 18-year-old daugther saw him wearing a suit for the first time at Tuesday's hearing…

http://www.phillyburbs.com/news/news_details/article/116/2011/february/01/nh-farmer-is-folk-hero-for-gun-rights-advocates.html

… Bird's supporters say his defense was not legally able to challenge the credibility of the trespasser, Christine Harris, who some say has a troubled history. However, more information on Harris will be allowed to be put into the record on his behalf today at a hearing before Governor John Lynch and the Executive Council on his petition for a pardon or commutation. Bird's lawyer and his supporters say they will make witnesses available – including Harris's former landlord and a parole officer. The parole officer has said "she wouldn't know the truth if it ran over her in a truck." Harris did not return calls left with her lawyer…

http://www.boston.com/news/local/new_hampshire/articles/2011/02/01/jailed_farmer_can_challenge_accusers_credibility_in_gun_case/
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Lead in Ammo – The Fight's Not Over: On the rare occasion when federal bureaucrats waver in their commitment to expanding their own regulatory power, environmental extremists can always be counted on to look for a sympathetic judge to expand it for them. The latest clever scheme would undermine the right of Americans to hunt and fish, using the judicial branch to implement policies too hot for regulators or lawmakers to touch. Congress needs to step in and disarm this assault on traditional sporting activities. The California-based Center for Biological Diversity (CBD) fired the first shot in August when it asked the Environmental Protection Agency (EPA) to ban lead in ammunition and fishing tackle. The EPA quickly rejected the petition, saying it lacked legal authority to impose a ban on ammo. The agency followed up in November with an announcement that a prohibition on lead in fishing tackle was unnecessary. Like clockwork, the CBD and a group of federal, state and local bureaucrats marched into federal district court hoping that a favorable ruling would force the EPA to ban inexpensive, reliable bullets and angling gear…

http://www.washingtontimes.com/news/2011/feb/1/shot-in-the-dark-at-lead-ammo/

Tangentially Related: Last week brought the latest installment in the environmentalists' "how can we fool 'em next" series of scares. You've heard them: global cooling, the population bomb, DDT, global warming, energy security, global weirding, ocean garbage patches, etc. Last week, Politico reported the latest environoia memo: death by greenhouse gases. "That's what makes people sit up and pay attention," said Frank O'Donnell, president of the environmental group Clean Air Watch. "If you're talking about more environmental impacts broadly, it does not pack the same punch as saying, 'This polluter might hurt your grandmother.' " It's a unified effort, with eco-regulators trying to pre-empt House Republican scrutiny of their job-killing rules and policies…

http://www.washingtontimes.com/news/2011/feb/1/environmental-regulation-and-death/
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Oregon RKBA Bills: The Oregon Firearms Federation has posted a listing and description of bills scheduled for hearing one week from today.

http://oregonfirearms.org/alertspage/2011/02.01.11alert.html
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"The Only One" Appeals: A federal agent who accidentally shot himself during a videotaped drug education presentation in Florida is pressing forward with his suit against the government, urging a federal appeals court to find the public disclosure of the video marked an invasion of privacy. The plaintiff, Lee Paige, wants the U.S. Court of Appeals for the D.C. Circuit to overturn a ruling in December that terminated the suit. Paige said in the complaint [.pdf], filed in Washington's federal trial court in April 2006, that the disclosure of the video harmed his reputation. The court picked up the appeal earlier this week. Paige, a former professional football athlete and undercover narcotics agent, was stationed in the Drug Enforcement Agency's Orlando office at the time of the shooting. The incident happened in April 2004 at a community center in front of 50 children and their parents. At the time, Paige, who regularly delivered motivational speeches, was talking about gun safety. "I am the only one in the room professional enough, that I know of, to carry this Glock 40," said Paige, who then, almost immediately after, accidentally shot himself in the leg. A person in the room videotaped the presentation and captured the shooting… (Paige is the source of the term "only ones," used in reference to the perception in some quarters that only police and military personnel are qualified to own and carry firearms. He appears to be as big a bumbler in the legal arena as he is as a firearm-safety instructor.)

http://legaltimes.typepad.com/blt/2011/02/dea-agent-pushes-privacy-claim-in-appeals-court.html
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Oops, Wrong Store: Police continue to investigate a shooting at a convenience store, where a clerk turned the tables on a robber. Louisville [KY] Police said a clerk at a Food Mart shot an armed robber around 8:30 Wednesday morning. The robber then dropped his gun and took off in a car. Police say the suspect ended up at another convenience store and was taken to the hospital. We're told the suspect's injuries are not life threatening.

http://www.wkyt.com/news/headlines/Convenience_store_clerk_shoots_robber_114209949.html?ref=949
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A Retrospective Look at Chicago Politics:
… Unfortunately, I know first hand more than I would like about Chicago politics. A decade ago, I was working at the University of Chicago Law School as an Olin Fellow, doing research and some teaching, when I happened to cross paths with Mayor Richard Daley. As he is now about to retire from office, it is time for the facts to come out.  As the author of the book "More Guns, Less Crime" and someone living and working on Daley's home turf in Chicago, I was not one of his favorite people.  Daley has long been one of the nation's strongest gun control proponents, and his behavior has sometimes bordered on the irrational. This past spring he attacked a reporter who asked: "since guns are readily available in Chicago even with a ban in place, do you really think it's been effective?" Daley shouted in front of stunned reporters:  "Oh, it's been very effective. If I put this up your butt, you'll find out how effective it is." The University of Chicago is one of the nation's top private universities, and, despite its name, it does not have any formal links with the city of Chicago or any other government entity. Yet, one day, I was suddenly faced with immediate removal from my position at the university. What had happened? …

http://www.foxnews.com/opinion/2011/02/01/scary-encounter-chicagos-mayor-richard-daley/
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Army to Replace M4?: For the first time in almost 50 years, the U.S. Army wants to replace the standard rifle shouldered by hundreds of thousands of frontline troops around the world. The service this week advertised its interest in a new weapon that would incorporate futuristic sights and other advances in rifle design and be able to handle improved ammunition. The gun would potentially supplant the M4 carbine, a shorter-barrel version of the M16, the Army's main infantry weapon for decades… Col. Doug Tamilio, the service's project manager for soldier weapons, said in a statement the Army sought to find "the most effective, accurate, and reliable" weapon for its soldiers. "We're challenging industry to develop the next-generation carbine and we're looking forward to the results." An "industry day" for small-arms manufacturers is planned for March 30. The Army said it would pick a winner after two years of rigorous evaluation. Gerald Dinkel, the president and CEO of Colt Defense LLC, said the Army has "held out the M4 as a high standard, and somebody is going have to come out and really beat it." …

http://online.wsj.com/article/SB10001424052748704124504576118550237336920.html?mod=ITP_pageone_1
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When Guns Are Outlawed…: Gorkha soldiers have long been known the world over for their valor and these khukuri-wielding warriors winning the British many a battle have become folklore. A retired Indian Gorkha soldier recently revisited those glory days when he thwarted 40 robbers, killing three of them and injuring eight others, with his khukuri during a train journey. He is in line to receive three gallantry awards from the Indian government. Slave girl Morgiana in the Arabian Nights used her cunning to finish off Ali Baba´s 40 thieves, but Bishnu Shrestha of Baidam, Pokhara-6 did not have time to plot against the 40 train robbers. He, however, made good use of his khukuri to save the chastity of a girl and hundreds of thousands in loot. Shrestha, who was in the Maurya Express to Gorakhpur from Ranchi on September 2 while returning home following voluntary retirement from the Indian army – saved the girl who was going to be raped by the robbers in front of her hapless parents, and in doing so won plaudits from everybody… During the scuffle he received serious blade injury to his left hand while the girl also had a minor cut on her neck. "They had carried out their robbery with swords, blades and pistols. The pistols may have been fake as they didn't open fire," he surmised… (When khukhris – as it is more commonly spelled – go into action, it is not that rare for the wielder to slash his own non-knife hand.)

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=27100


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