Monday, January 17, 2011

01-17-11

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





Reason in the Face of Grief: …Not even the president, however, could match the goodness, dignity, and large-heartedness of John Green, whose 9-year-old daughter, Christina, was the youngest victim of suspect Jared Loughner's rampage. Speaking through tears as he was interviewed on NBC's "Today" show and on the Fox News Channel, Christina's father refused to pin his daughter's murder on the "climate of hate" and "vitriolic rhetoric" so many others were eager to indict. Unlike the local sheriff who seized the moment to smear Arizona as "a mecca for prejudice and bigotry," John Green said the killings were "such a rare thing to happen in Tucson, Arizona, which is a wonderful city – and the northwest side is a wonderful community." The chattering class spent much of the past week calling for new laws and tighter regulations. There were proposals for (among other things) a ban on carrying guns within 1,000 feet of a member of Congress, resurrecting the long-discredited broadcast Fairness Doctrine, funding more outpatient clinics to treat the mentally ill, and prohibiting ammunition magazines that hold more than 10 rounds. John Green endorsed none of them. "We don't need any more restrictions on our society," he said. "New laws and limitations cannot prevent every horror, and if we want to live in a country like the United States, where we are more free than anywhere else, we are subject to things like this happening." …

http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2011/01/16/voices_of_patience_and_wisdom/

I found Mr. Green's remarks somewhat reminiscent of the 1999 Congressional testimony of Darrell Scott, a father who lost two children in the massacre at Colorado's Columbine High School.

http://www.nrawinningteam.com/scotttext.html
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F Troop Hits a Hurdle: The Obama administration's plan to force new reporting requirements on thousands of gun dealers near the Mexico border is under fire from members of his own party. At least three Democrats in the Senate and several more in the House are voicing opposition to a proposed regulation from the Bureau of Alcohol, Tobacco, Firearms and Explosives that would require about 8,500 gun dealers in four states – California, New Mexico, Arizona and Texas – to report gun sales of two or more high-powered rifles sold within five consecutive business days… The new regulation would cover semiautomatic rifles greater than .22 caliber with detachable magazines. Sen. Mark Begich, D-Alaska, has asked the ATF to withdraw its request to the White House for emergency authority to enact the regulation… (By ".22 caliber" I assume they mean .22 rimfire as I know they want to cover .223 rifles such as the AR-15 family.)

http://www.foxnews.com/politics/2011/01/15/obama-administrations-new-proposed-gun-regulation-border-states-met-bipartisan/?test=latestnews
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Meanwhile on the Republican Side…: Sen. Richard Lugar (R-Ind.) this weekend called on Congress to reinstate the assault weapons ban that expired in 2004. Lugar is the first GOP senator to call for increased gun control following the Tucson tragedy that killed six people and wounded 13 others, including Arizona Rep. Gabrielle Giffords. But Lugar, who supported the initial 10-year-long assault weapons ban when it passed in 1994, said he's not optimistic about the chances for passing gun control legislation this Congress. "I believe it should be, but I recognize the fact that the politics domestically in our country with regard to this are on a different track altogether," Lugar told Bloomberg Television's Al Hunt Jan. 14. Lugar also noted the increase in ammunition sales since the shootings, which he suspected was out of fear that Congress might pass far-reaching gun control legislation in wake of the tragedy…

http://www.politico.com/blogs/glennthrush/0111/Lugar_pushes_to_renew_assault_weapons_ban.html
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Schumer Concedes – Sort Of: Sen. Chuck Schumer (D-NY) said Sunday that Congress lacks the necessary votes to stiffen gun laws, dampening the hopes of various gun-control bills proposed in the aftermath of the Arizona shootings. "Let's be honest here – there haven't been the votes in the Congress for gun control," Schumer said on NBC's "Meet the Press," calling it a "hard" issue. Schumer, the third-ranking Democrat in the Senate, nevertheless spoke out in favor of "smart, rational gun control laws that protect the right to bear arms, but have reasonable limits." "There is a right to bear arms. It's in the Constitution. And you can't ignore it, just like you can't ignore the others," he said. "But like all the other rights, it's not absolute." Schumer did, however, propose stronger sharing of communication between the military and the FBI, which he argued would have turned up a red flag on Tucson shooter Jared Lee Loughner when he attempted to buy a gun… (Yes, Senator, there are restrictions on other rights, such as freedom of speech, but not generally in the form of prior restraint.)

http://www.rawstory.com/rs/2011/01/schumer-congress-votes-gun-control/
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Conflicting Rallies in Virginia: … The gun-rights and gun-control crowds are two of a large number such groups set to hold their lobby days Monday, with citizens from around the state crowding the hallways of the General Assembly Building and the visitors gallery of the State Capitol. A historic bell tower just down a hill from the Capitol – a traditional spot for rallies – is booked through the day… In the morning, the bell tower will be the spot for a rally by the Virginia Citizens Defense League, a group that supports gun rights. The group's rallies are often attended by gun owners who openly carry holstered weapons. Capitol rules allow concealed weapons permit holders to carry guns into the General Assembly Building and Capitol building. Del. Patrick Hope (D-Fairfax) has filed a bill that would ban firearms in the two legislative buildings--a likely target of ire from the VCDL. The first-term delegate says he was taken aback the first time he road the elevator with a man wearing a handgun strapped to his leg. In the afternoon, members of the Virginia Center for Public Safety, Virginians for Responsible Gun Laws, and the Virginia Chapters of the Million Mom March will hold a prayer vigil and "lie-in" at the same bell tower to urge tighter gun laws in Virginia. Among their top priorities is changing a law that allows some weapons to be sold without background checks at gun shows…

http://voices.washingtonpost.com/virginiapolitics/2011/01/advocates_for_and_against_gun.html
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Meanwhile, in Arizona…: Arizona has become a national leader in the gun rights movement in recent years as the state enacted law after law to protect the people's right to bear arms nearly anywhere, at anytime. The shooting rampage that wounded Rep. Gabrielle Giffords, a former legislative colleague, has done nothing to slow down the Legislature. Gun rights bills were introduce d in the days after the shootings last week, and more proposals are to come… Arizona Republicans remain adamant that the shooting will not dissuade them from pushing their pro-gun agenda. They want new laws allowing college and university faculty members to be able to carry concealed weapons on campus, an issue that gained attention after the 2007 shooting at Virginia Tech University. Only Utah has a law allowing concealed weapons on college campuses while 24 states have bans, according to the National Conference of State Legislatures… Bills already introduced this year in Arizona in the Republican-controlled Legislature include barring landlords and homeowner groups from restricting the right to bear arms in self defense, and expanding the current law that allows gun owners to display a weapon in self defense. And Wentling said his group's priority bill, which he wouldn't discuss, hasn't been unveiled yet…

http://www.washingtonpost.com/wp-dyn/content/article/2011/01/17/AR2011011701787.html
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Utah May Get Constitutional Carry: A Utah lawmaker wants to allow all state residents who can legally have a gun carry and conceal it without a permit. Rep. Carl Wimmer, R-Herriman, said he plans to introduce a bill to eliminate the requirement for a state concealed weapon permit to carry a loaded gun. People who do not live in Utah would still need a permit issued by Utah or another state [emphasis added]. The measure is being drafted for the legislative session that begins Jan. 24. Wimmer said it wouldn't change laws about who can legally have a gun. Felons, people who have committed a violent crime and illegal residents are now prohibited from carrying a gun. "If you're a law-abiding, upstanding citizen, you can protect yourself by carrying a gun without a permit," Wimmer said. Alaska, Arizona and Vermont already have similar laws, he said… (To my knowledge, none of the other three states cited requires a permit of non-residents.)

http://www.deseretnews.com/article/700100439/Utah-lawmaker-Guns-should-be-legal-without-permit.html
http://www.sltrib.com/sltrib/home/51038808-76/permit-concealed-utah-weapons.html.csp
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Californians Prepare for Ammo Restriction: While the holiday shopping season is long gone, some Humboldt County residents are stocking up on ammunition for fear of a new California law that goes into effect next month placing restrictions on the purchase of bullets. Under the law, those buying handgun ammunition will be required to provide vendors with their thumbprint, address and photo identification, with the idea that it will make the task of investigating and preventing gun-related crime easier for law enforcement. Convicted felons who are already barred from owning a gun, for example, can still purchase bullets under the current law. But for some, the restrictions are another example of an infringement on gun rights protected by the Second Amendment… Already home to some of the strictest gun laws in the country, California will add to the list beginning on Feb. 1, when people will no longer be able to purchase ammunition via the Internet or by mail order. Instead, buyers will need to pick up their ammunition at licensed vendors, like Pro Sport Center in Eureka… (This is just one more newspaper that does not understand the difference between bullets and cartridges or ammunition.)

http://www.contracostatimes.com/california/ci_17118022?nclick_check=1
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Open-Carry Confrontation in California: … In June of last year, the US Supreme Court held that this Second Amendment right to "possess and carry weapons in case of confrontation" applies to all states and local governments, as well as to the Federal government. But not in the City of Long Beach it seems.  Not only is the exercise of ones Second Amendment Right disregarded in that city, so are ones First and Fourth Amendment rights as well. Attached to this article is the first of a two part video encounter between a person who was simply exercising his Second Amendment right at Shoreline Village in Long Beach, California only to find himself unlawfully detained by Long Beach Police officers who proceeded to violate many long established U.S. Supreme Court decisions…

http://www.examiner.com/la-in-los-angeles/complaint-filed-against-long-beach-police-over-open-carry-incident-part-1
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Alaska Gun Laws Summarized: The shootings in Tucson, Ariz., that killed a federal judge, a 9-year-old girl and several others and wounded many more, including an Arizona congresswoman, have brought renewed attention to state and federal firearms laws. The states have a variety of laws governing who can buy a handgun or rifle, what permits are required, and where firearms can be present. Alaska is one of a few states to have firearms laws that are widely regarded as the least restrictive in the nation. If you're thinking of buying or using a handgun or rifle in Alaska, here's a brief look at the laws of the Last Frontier…

http://newsminer.com/view/full_story/11029232/article-Gun-laws-and-Alaska--The-ins-and-outs-of-firearms-in-the-North?instance=home_most_popular4
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Non-Citizen Sues for South Dakota Permit: … A British citizen who lives in Sioux Falls sued the state earlier this month after he was not allowed to renew his concealed-weapons permit. The Legislature changed the concealed weapons law in 2002 to only allow United States citizens to obtain permits… The American Civil Liberties Union, which helped bring the case on behalf of British national Wayne Smith, says all legal residents in the state are required to have the same opportunity to get a permit. It says the current law violates the U.S. Constitution's guarantee of equal protection of laws. "The Fourteenth Amendment extends to non-citizens as well as citizens and generally prohibits states from passing laws that treat protected classes of people differently," Robert Doody, executive director of the ACLU's South Dakota chapter, said in an email. National gun-rights advocates said they agree with the ACLU, even though they question the group's involvement in the case… (The plaintiff is obviously a Permanent Resident Alien and not a prohibited possessor.)

http://www.necn.com/01/16/11/State-concealed-weapons-law-gets-nationa/landing_nation.html?&blockID=3&apID=55d419b16e474ea69f1f29eeb7407cdd
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New Jersey Governor Ducks CWP Question: Gov. Chris Christie isn't going to share his position on allowing licensed concealed weapons in New Jersey, he said this morning. At a town hall meeting in Paramus, Christie was asked about his views on creating a process to allow residents to obtain a license to carry a concealed weapon. His response: The legislation is never going to pass out of the Democrat-controlled Legislature. Christie said if someone was supporting a a concealed weapon law change, they should talk to their lawmakers. "I'm not going to bang my head against the wall on issues that there are absolutely no chance will get posted for a vote in the Legislature," Christie said… Christie, who once chided a political opponent for opposing the assault weapon ban, has been quiet on his weapons positions. He granted a sentence reduction for Brian Aitken, who had been charged with illegally possessing a firearm he bought legally elsewhere, but Christie wouldn't divulge his own thoughts on gun regulations at the time…

http://www.nj.com/news/index.ssf/2011/01/gov_christie_wont_share_opinio.html
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Rule Five Reminder: Homicide detectives from the Jacksonville  [FL] Sheriff's office are investigating a Panama Park neighborhood after they said a 6-year-old girl was shot in the chest. The shooting occurred in the 7100 block of Nelms Street near North Main Street and the Trout River. Police said the girl got a hold of her father's gun and shot herself in the chest. They had not made any arrests, but are questioning the father. The father admitted to police that he left the gun laying around the house unsupervised. Police have not released what charges may be given… (Rule Five: Maintain control of your firearm.)

http://www.news4jax.com/news/26512047/detail.html

Lake City [FL]  police investigating a report of a shot fired inside the Walmart on U.S. Highway 90 on Friday night said it appeared a customer's gun went off when it fell on the floor. No one was hurt in the incident, which occurred about 10:30 p.m. Police said customer L.J. Johnson had a concealed gun and holster, which fell out of its concealed area. The gun discharged one round through the holster when it landed. The area was searched for evidence of where the bullet had traveled, but it was never found. The gun was placed into evidence and Johnson, 59, was arrested and booked into the Columbia County Jail for culpable negligence and improper exhibition of a firearm. (This sounds as though the gun was being carried in some sort of pocket holster. Aside from the other shortcomings of pocket carry for a primary gun, guns carried in this manner may slide out of the holster and pocket or may take the holster with them as they slide out of the pocket. My guess is that the incident occurred in a restroom. Most modern handguns are designed to greatly reduce the risk of firing when dropped. Derringers are a notorious exception, as are some inexpensive pocket pistols. I don't know if the single-action mini-revolvers are safe to carry with a round under the hammer.)

http://www.news4jax.com/news/26509909/detail.html

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