Tuesday, January 25, 2011

01-25-11

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


The Usual Suspects Pressure Big Brother: New York Mayor Michael
Bloomberg, the son of Martin Luther King Jr, and a string of shooting
victims entered a burning national debate over gun rights Monday with
a call for stricter controls. "Every day, 34 Americans are murdered
with guns – and most of them are purchased or possessed illegally,"
Bloomberg said at the City Hall event, where he was also joined by
Boston Mayor Thomas Menino. "The time has clearly come to finally
fulfill the intent of the common sense gun law passed after the 1968
assassinations of Martin Luther King, Jr, and Bobby Kennedy, by
creating a loophole-free background check system," he said. A
long-running national debate over gun control has flared up again with
this month's wounding of congresswoman Gabrielle Giffords in Arizona
and killing of six bystanders. President Barack Obama is under
pressure from advocates to use his State of the Nation speech to
Congress on Tuesday to press for restrictions on the most dangerous
weapons. Bloomberg said the most essential fix Obama needs to target
was proper screening of gun purchasers…

http://www.breitbart.com/article.php?id=CNG.ae92b0aa2b694ca3182261c1f11bfc1a.1c1&show_article=1

New York Mayor Michael Bloomberg has tapped the intern credited with
saving Rep. Gabrielle Giffords's life to help bolster his campaign for
greater gun control measures. University of Arizona student Daniel
Hernandez will be in New York on Wednesday to support Mayors Against
Illegal Guns, Bloomberg's coalition, in his latest attempt to use the
Tucson, Ariz., shooting as an argument for more widespread and
effective background checks. Bloomberg will also congratulate
Hernandez for his actions in the moments after Giffords was shot
earlier this month…

http://www.politico.com/news/stories/0111/48142.html
--

WaPo Continues Its Assault: More than 62,000 firearms have disappeared
from the inventories of licensed U.S. gun dealers in the past three
years, according to a study to be released Tuesday by the Brady Center
to Prevent Gun Violence. The study says that the dealers did not have
records of legal sales for the guns - an average of about 56 missing
firearms per day… More than 21,000 firearms were missing in 2010, up
from 18,323 in 2009 but down from 22,770 in 2008, according to the
study, which was compiled using data from the Bureau of Alcohol,
Tobacco, Firearms and Explosives. The federal agency could not account
for the guns during its compliance inspections of dealers… The Brady
Center thinks the actual number of unaccounted-for guns is far higher
because ATF inspects less than 20 percent of the nation's dealers
annually… The agency has about 600 inspectors responsible for 60,000
retail gun dealers around the country. Dealers on average are
inspected once every eight years. An estimated 10,500 compliance
inspections were done last year. The agency revokes about 110 licenses
a year, and dealers facing revocation voluntarily surrender their
licenses in an additional 160 cases annually… (Why do I get the
impression that this is an attempt to head off the Project Gunwalker
investigation?)

http://www.washingtonpost.com/wp-dyn/content/article/2011/01/25/AR2011012500867.html
--

As Does The New York Times: In the wake of the shootings in Tucson,
the familiar questions inevitably resurfaced: Are communities where
more people carry guns safer or less safe? Does the availability of
high-capacity magazines increase deaths? Do more rigorous background
checks make a difference? The reality is that even these and other
basic questions cannot be fully answered, because not enough research
has been done. And there's a reason for that. Both scientists in the
field and former officials with the government agency that used to
finance the great bulk of this research say the influence of the
National Rife Association has all but choked off funds for such work…
Chris Cox, the N.R.A.'s chief lobbyist, said the group had not tried
to squelch genuine scientific inquiries, just politically slanted
ones. "Our concern is not with legitimate medical science," he said.
"Our concern is they were promoting the idea that gun ownership was a
disease that needed to be eradicated." …The dearth of money can be
traced in large measure to a clash between public health scientists
and the N.R.A. in the mid-1990s. At the time, Dr. Rosenberg and others
at the C.D.C. were becoming increasingly assertive about the
importance of studying guns as a public health phenomenon, financing
studies that found, for example, having a gun in the house, rather
than conferring protection, significantly increased the risk of
homicide by a family member or intimate acquaintance… (Needless to
say, this quarter completely ignores the research of John Lott, whose
findings are summarized in the title of his book More Guns, Less
Crime.)

http://www.nytimes.com/2011/01/26/us/26guns.html?ref=us
--

More Fuel to the Fire?: A spate of shooting attacks on law enforcement
officers has authorities concerned about a war on cops. In just 24
hours, at least 11 officers were shot. The shootings included Sunday
attacks at traffic stops in Indiana and Oregon, a Detroit police
station shooting that wounded four officers, and a shootout at a Port
Orchard, Wash., Wal-Mart that injured two deputies. On Monday morning,
two officers were shot dead and a U.S. Marshal was wounded by a gunman
in St. Petersburg, Fla. On Thursday, two Miami-Dade, Fla., detectives
were killed by a murder suspect they were trying to arrest."It's not a
fluke," said Richard Roberts, spokesman for the International Union of
Police Associations. "There's a perception among officers in the field
that there's a war on cops going on." With the Florida deaths, the
nation is on track in 2011 to match the 162 police officers killed in
the line of duty in 2010, said Steve Groeninger, spokesman for the
National Law Enforcement Officers Memorial Fund, the Washington,
D.C.-based nonprofit that tracks police casualties. In January this
year there have been 14 deaths, the same number as in January 2010,
the fund posted on its web site…

http://today.msnbc.msn.com/id/41235743/ns/us_news-crime_and_courts/
--

How About More Criminal Control?: Once again a senseless loss of life
has befallen those whose job it is to protect us. This time it was two
brave law-enforcement officers from the Miami-Dade Police Department.
And as predictable as daylight, Rep. Alcee Hastings, D-Fla., blamed
the murders on relaxed gun-control laws. My grandmother used say,
there is such a thing as "throwing the baby out with the bath water."
And that's exactly what legislators and anti-gun lobbies move to do at
every opportunity. There are over of 22,000 gun laws on the books.
Which of them protected those officers? Pursuant to firearms, there
are restrictions upon restrictions, elaborate safeties, gunlocks and
mandated gun-cabinets. Which of them protected those officers? We
don't need more gun control – we need more criminal control. It's a
shopworn maxim that cannot be repeated enough – guns don't kill,
people do. You can leave a duffle bag full of loaded AK-47s on the
busiest sidewalk in the city or town of your choice, and I guarantee
you that not one of those assault rifles will take themselves out of
the duffle bag, point themselves at a passerby and pull their own
triggers… (Alcee Hastings, for those unfamiliar with the name, holds
the dubious distinction of being of one fifteen federal judges –
including one Supreme Court justice – to be impeached and one of seven
to be removed from office – as opposed to resigning – as a result.)

http://www.wnd.com/index.php?fa=PAGE.view&pageId=255205
--

F Troop Waffles on Mexico Gun Numbers: In personal conversations at
the SHOT Show with four high-level Justice Dept. officials, including
knowledgeable BATFE experts speaking on condition of anonymity, it
became apparent that a commonly cited figure used by the "news" media
to attack American gun stores and gun rights is a complete
fabrication. No method exists to obtain the information. The agency
has no mandate or desire to do so. Even if the information could be
obtained or deduced from what few records exist, they would be
reluctant to release it to the public and anger their superiors, they
say. From the head of the State Dept. to the heads of various
departments within the agency, the 90% gun-running stat has been
standardized despite it being completely false. Hillary Clinton, the
current Secretary of State has publicly repeated the remark, made by
Mr. Obama, who said at a Mexican press conference, "More than 90
percent of the guns recovered in Mexico come from the United States,
many from gun shops that line our shared border." …

http://www.ammoland.com/2011/01/24/batfe-in-the-dark-on-mexican-drug-gun-facts/
--

Meanwhile…: Will .22 rimfires fall under new reporting controls? Will
CA bullet button system be classified as detachable magazine? The
following was provided to me by a source who has proven reliable over
the years. It was given to him by an ATF insider with the specific
request to be forwarded to me. I am reproducing it here unedited and
in its entirety as I received it… The business about .22s being caught
up in the new oversight proposal is something I've been discussing
with others, just the other day with fellow Gun Rights Examiners
Liston Matthews and Kurt Hofmann, and earlier with a reader and
correspondent  who uses the screen name "W3", himself a retired Texas
peace officer… This new information preempts any intent I had about
just sitting back and watching, particularly with the California
bullet button development.  What it, along with today's anticipated
Saiga ruling point to are back door gun control measures being
implemented with no accountability or oversight… (As I understand it,
California allows private ownership of some specific variants of
AR-15's, one feature of which is a reduced magazine release that
requires the tip of a bullet or a similar tool for activation.)

http://www.examiner.com/gun-rights-in-national/atf-technical-classifications-create-back-door-gun-control
--

Connecticut Congressman Co-Sponsors Magazine Bill: U.S. Rep. Jim Himes
(D-4th) has introduced legislation that would restore the prohibition
on high-capacity gun magazines, such as those used in the tragic
shooting in Tucson, Ariz. The Large Capacity Ammunition Feeding Device
Act (H.R. 308) was cosponsored by more than 40 Members of Congress and
is supported by a wide variety of leading national advocates for
reducing gun violence, according to Himes's office… (Ironically,
Hartford, Connecticut's capital, is home to Colt, the primary
manufacturer of M16's and AR-15's. Connecticut is also one of the few
states to have an  "assault weapon" ban for its won residents.)

http://www.acorn-online.com/joomla15/ncadvertiser/news/localnews/83654-himes-introduces-legislation-to-ban-high-capacity-ammo-magazines.html
--

Open Carry to Get Second Shot in Oklahoma: Two state lawmakers said
they will introduce bills this year for a second time to allow the
open-carry of guns in the state. Similar legislation passed the
Republican controlled legislature last year but was vetoed by the
governor at the time, former Gov. Brad Henry. But with a new
Republican governor, supporters of open-carry laws said they expect a
different outcome. "It's a Second Amendment right and there shouldn't
be any restrictions at all on the Second Amendment," said Rep. Paul
Wesselhoft, R-Moore. Wesselhoft is one lawmaker who has decided to
draft legislation that will allow Oklahomans to openly carry their
guns in public. Wesselhoft pointed to other states as reason why it
necessary. "In states that have passed open-carry, it has not been a
cowboy atmosphere where everyone has got guns strapped on. That's what
opponents would like to portray," Wesselhoft said…

http://www.newson6.com/Global/story.asp?S=13893498
--

New Mexico Bill Would Expand RKBA: Adults with a permit can carry a
concealed handgun in the state Capitol, but not on a bus or in a
school. State Rep. Zachary Cook says the restrictions are arbitrary
and contrary to the U.S. Constitution. So Cook, R-Ruidoso, said he
will introduce a bill next week to broaden the number of places where
permit-holders can carry concealed handguns. They would include
K-through-12 schools, colleges and universities, buses, licensed
liquor establishments, and state parks and recreation areas. Cook said
he had hoped to introduce the measure Thursday, but spent part of the
day researching whether the provision for allowing guns in elementary
and high schools conflicted with federal law. He said it does not
because any applicants for a concealed-carry permit must be at least
21… (Actually, the reason that there would be no conflict with the
federal Gun Free School Zones Act is because it contains an exemption
for possession of a loaded firearm within 1,000 feet of a school zone
if the carrier has a carry permit issued by the state in which the
school zone is located and issuance of that permit required a
background check. The law [18 USC § 922(q)(2)(B)(ii)] does not specify
that the permit holder must be at least 21 years old. Unfortunately,
subsection 3, which prohibits the discharge of a firearm within 1,000
feet of a school zone, lacks an exemption for self-defense or defense
of others.)

http://www.demingheadlight.com/ci_17152067
--

Idaho Law Student Sues University: A law student at the University of
Idaho has filed a lawsuit challenging the school's rules that prohibit
him from storing firearms in his on-campus apartment. Aaron Tribble,
36, contends the university's policy is unconstitutional and last week
filed a civil suit in Idaho's 2nd District Court. The university bans
firearms on campus, but students are allowed to store and check out
their guns at a police substation on the Moscow campus in northern
Idaho. Tribble, a second-year law student who lives in campus housing
designated for students who are married or have children, wants to
store his guns in his apartment. Tribble claims the university is
exercising power it doesn't have over the U.S. Constitution's 2nd
Amendment right to bear arms. In an effort to keep his legal case
streamlined, he is asking a judge to block the university from
enforcing the weapons rule in his apartment complex only…

http://www.idahostatesman.com/2011/01/25/1501337/idaho-law-student-sues-university.html#storylink=omni_popular
--

While in Arizona…: A proposal by a state Legislator to allow anybody
21 and older with a concealed carry permit to bring their gun to
college campuses has been met with moderation and resistance at
Northern Arizona University. Senior Cody Newport said he supports guns
in general, off-campus. But he's a hard-liner against guns on campus.
He recognized that people bent on a shooting at NAU would not be
deterred by a ban. But the campus is just too crowded for guns around
campus to be safe… Blake Schritter, a graduate student in criminology
who has undergone concealed-carry training in Arizona and Utah, said
he'd be in favor of allowing students who have a state-issued permit
to carry a concealed weapon to bring their firearms to NAU. But he
lamented the timing of the legislation as making Arizona look bad, not
long after last year's divisive anti-illegal immigration law that has
caused people outside Arizona to look at the state askew… (NAU is
located in Flagstaff, perhaps the most left-leaning city in Arizona
and possibly because of that relationship. Thus, the bias in this
article is no surprise.)

http://www.azdailysun.com/news/local/education/article_abf28d0c-46d4-5b69-8eb6-7e86e0f6d37a.html
--

West Virginia to Consider FFA: A handful of state lawmakers are
pushing for new laws saying if you build it or dig it up in West
Virginia, and if it doesn't cross state lines, then the federal
government can't regulate it. Three bills have been introduced that
would exempt guns and coal from federal regulation if both are
produced and used in the state. Both are based on the premise that the
federal government's authority to regulate goods stems only from its
constitutional power to regulate interstate commerce, so if the goods
don't leave West Virginia's borders, the government has no
jurisdiction… Montana was the first state to pass a Firearms Freedom
Act in 2009. Shortly afterward, the Bureau of Alcohol, Tobacco,
Firearms and Explosives sent a letter to all Montana firearms
licensees stating that federal law supercedes state law, so
regulations concerning licensure, identification of firearms and
background checks still applied… Advocates for stricter gun control
laws also are not amused by the recent trend of states "exempting"
their guns from federal regulations… As for the West Virginia bills,
no dates had been set for committee hearings for either bill as of
Jan. 24. The coal bill is House Bill 2554. The gun bills are Senate
Bill 84 and HB 2705. (I don't live for the "amusement" of the Brady
Bunch and its buddies.)

http://www.statejournal.com/story.cfm?func=viewstory&storyid=93161
--

WVCDL Challenges Local Gun Bans: A West Virginia gun rights advocacy
group has gone to federal court to fight handgun laws in Charleston,
South Charleston and Dunbar. Members of the West Virginia Citizens
Defense League filed a civil complaint in U.S. District Court on
Monday challenging handgun laws in the three Kanawha County cities.
Attorney Jim Mullins, who filed the complaint, alleges the cities'
laws violate the U.S. Constitution's Second Amendment right for
citizens to keep and bear arms. All three cities ban the carrying of
handguns on city property. Charleston also has a city ordinance
requiring a three-day waiting period before someone can buy a gun
within city limits, and limits gun purchases to one per month. "No
criminal or deranged lunatic is going to be deterred from committing a
crime on public property by the prospect of a whopping 30 extra days
in jail for violating a municipal ordinance prohibiting guns on city
property," Mullins, a Beckley attorney, said in a prepared statement.
"Neither will a criminal wait while his intended victim goes through
the three-day waiting period Charleston imposes on buying a handgun,"
he said. "And if you happened to have bought a handgun recently and it
was stolen? Well, that same criminal also won't wait for you to become
eligible to purchase another handgun under Charleston's one handgun
per month rationing ordinance." …

http://www.wvgazette.com/News/201101240608
--

From Iowa: I received a copy of the Iowa State Sheriffs & Deputies
Association ("ISSDA") 2011 Legislative Priorities & Policy Statements
from an anonymous source this afternoon. Some of my readers might be
contributors to the ISSDA when they come knocking on the door for
fund-raising efforts, so I figured it might be a good idea to let
folks know what the ISSDA feels are important topics for discussion
with lawmakers in 2011 – at least as it pertains to gun rights in
Iowa. According to the list, the Sheriffs are working with the Iowa
Department of Public Safety (DPS) to implement the new law. This is a
good sign, and to be honest, we've only seen a handful of counties
that have been stretching the law to some questionable limits. That
said, the document says that there are some "unintended consequences
of SF 2379" that the ISSDA would like to see addressed. They are as
follows… Requiring proficiency training to exercise a right is wrong.
No other basic human rights require any sort of proficiency training,
and the right to self-defense by using the most effective tool
available should not be any different…

http://www.examiner.com/gun-rights-in-des-moines/the-issda-lists-their-priorities-for-the-2011-session
--

Wrong Game for Cops: The Southern California city of San Fernando and
its Police Department will pay $44,000 for negligence because an
officer did not know the rules and regulations for individuals or law
enforcement officers to lawfully carrying a firearm. The City of San
Fernando agreed to pay approximately $44,000 to San Fernando former
Coast Guard Reserve maritime law enforcement Officer Jose Diaz. The
city must also implement new policies and procedures for the improper
arrest and seizure of Coast Guard Reserve Diaz, according to the San
Fernando Police Department. The police department also agreed to a
"Finding of Factual Innocence." Diaz contends that a police department
contest was a driving factor in this case. "The San Fernando Police
Department give's out awards to officer's that 'achieve benchmarks in
firearm confiscations,(YouTube video)" said Jason Davis an attorney
for Calguns. "But this contest encourages the illegal confiscation of
lawfully possessed firearms by officers who do not understand the laws
themselves." The monetary settlement wasn't the only thing the
plaintiff was after, Calguns, a state and national gun rights advocacy
group, says the lawsuit also sought to ensure San Fernando properly
trains its officers to deal with law-abiding gun owners…

http://www.examiner.com/county-political-buzz-in-san-diego/a-police-contest-to-seize-guns-results-lawsui-after-a-coast-guard-officer-is
--

Rules Reminder: A judge dropped the charges against a California
University of Pennsylvania student who was accused of accidentally
shooting a female student at a fraternity party in Oct. Police said
Dustin Ryan Fuller, 20, of Waynesboro, accidentally fired a shotgun
through the floor of the off-campus, Second Street fraternity house,
grazing Raylynn Porco, 19, of Pittsburgh. Fuller said the reckless
endangerment, underage drinking and tampering with evidence charges
were dropped because he completed alcohol awareness and gun safety
classes. Porco was not seriously hurt in the shooting. "I'm just going
to try to drive on with my life. I'm working on a weapons safety
program to implement in the Greek system at Cal U right now. So that
should be completed by the end of the semester," said Fuller… (The
Rules are posted at http://www.spw-duf.info/safety.html. If you do not
yet have them memorized, check them out and decide which were violated
in this incident. Generally, down is a relatively safe direction but
that is not necessarily the case if you are indoors with another story
below you. This is the fourth case I recall in which someone was shot
through the floor above and the third one in which the shooting was
unintentional.)

http://www.wpxi.com/news/25270444/detail.html

…These rules apply any time there are firearms present. They apply
when unloading your weapon to clean or store it, as well as when
training and practice. They also apply if you find yourself involved
in a violent confrontation… Under stress, moving in an environment
containing bystanders or threats around every corner, it's important
to make sure your muzzle stays pointing in a safe direction. And since
there are times when your muzzle will cover someone, if you pay
attention these times should be rare, that's why we keep our finger
off the trigger unless the sights are on the threat, meaning you've
made the decision to shoot. When the sights come off the threat, or
your eyes come off the sights, your finger comes off the trigger.
(Exception is firing from a retention position.) I recommend keeping
the trigger finger high, somewhere on the frame or slide, and indexed
well above the trigger guard. Always identify your threat. Be sure you
have a clear angle of fire so any errant rounds that miss the threat
or punch through them don't end up injuring anyone else. In times when
you can't predict where your bullet will end up you shouldn't be
pressing the trigger. Memorize these rules, and make them laws. These
laws are used anytime there are firearms present. When forced to
fight, remember you still have to fight safe. The only way to fight
safely is with training and practice. Make sure you're ready. (In my
curriculum the exemption for the eyes off the sights extends to the
other point-shooting positions as well.)

http://www.thetacticalwire.com/archived/2011-01-25_tactical.html
--

Interesting Video: Alan Korwin responds to CNN talking heads regarding
the Tucson incident. The discussion turns to training and whether it
should be mandatory to own a firearm (as it is to purchase a handgun
in California). See what you think of Alan's response, admittedly to a
question he did not know in advance. My own view is that it is
unconscionable to require training to exercise the most basic human
right. On the other hand, I have always offered more training than
Arizona has required in order to qualify for a CWP and have found that
the forced consumers generally opt for the shortest course that meets
the requirement. As it says below, "Firearm safety - It's a matter for
education, not legislation." The challenge is getting people to
appreciate why they need the training and why they need it on an
ongoing basis. Alan and I differ over his apparent emphasis on
marksmanship over tactics but that approach seems to work in
Switzerland.

http://www.cnn.com/video/#/video/bestoftv/2011/01/14/ps.gun.law.arizona.cnn?iref=allsearch
--

Oops: California Highway Patrol officers across the state –I ncluding
those in North County – were ordered last week to return potentially
defective rounds of ammunition, officials said Monday. CHP
headquarters issued the directive on Friday as a safety precaution
after receiving a handful of reports that a batch of shells failed to
fire, CHP spokeswoman Jaime Coffee said. Coffee said all the rounds
that reportedly misfired were being used in training and had not
caused problems in the field. The rounds that failed to fire were not
a threat to officer safety, she said, but could potentially damage
weapons… Most officers probably didn't have rounds from the suspect
batch, but there was no way to know because inventory numbers only
appeared on boxes – not individual cartridges, she said. As a result,
all officers had to turn in any "Golden Saber" .40-caliber shells they
were carrying. The ammunition will be shipped to the academy for
inspection and used in training, she said. The ammunition was produced
by gun and ammunition manufacturer Remington, she said. She said CHP
will continue using Remington rounds, which have proven safe and
trustworthy in the past… (The 165 gr. .40 S&W Golden Saber has been
the star performer of that design although the 125 gr. .357 Magnum
load – often described as a ¾ Magnum – is popular in some quarters for
use in short-barrel revolvers.)

http://www.nctimes.com/news/local/sdcounty/article_7c5285e8-463f-5405-9aee-3874c87c672b.html
--

Tangentially Related: Vermont Senator Bernie Sanders wasted no time
using the Tucson shooting to financially benefit his 2012 reelection
campaign. From his email: "In terms of this savage shooting rampage,
several points need to be made.  First, this horrendous act of
violence is not some kind of strange aberration for this area where,
it appears, threats and acts of violence are part of the political
climate. Nobody can honestly express surprise that such a tragedy
finally occurred." Sanders continued by implying that Republicans and
their business interests are set to benefit significantly in the 2012
elections… For the 2008 election cycle, all business sectors gave
Democrats a record 54.7% of total campaign contributions. Since 1996,
business has been finding more friends in the Democratic Party,
increasing contributions from a record low of 40.4% to 51.2% in 2010.
The Democrats became the party of Big Business in their own right…

http://pajamasmedia.com/blog/bernie-sanders-doth-protest-too-much/?singlepage=true

It's unlikely that Howard Dean intended to expose one of his party's
greatest weaknesses in August 2009 when he explained why Obamacare
could not include a tort reform provision that experts said could save
up to $400 billion in health care costs. Speaking at a Northern
Virginia town hall meeting, the former Democratic presidential
candidate and Democratic National Committee chairman stunned many in
the nation's capitol with these unexpected words… Dean's admission was
especially shocking because for years study after study has shown that
doctors are forced to practice defensive medicine – ordering unneeded
tests and procedures in case they were sued by trial lawyers looking
for deep pockets and big paydays that come with multimillion-dollar
settlements. Tort reforms that put limits on such unrestrained
class-action medical lawsuits by trial lawyers would save $40 billion
annually, and up to $400 billion over a decade…

http://washingtonexaminer.com/opinion/special-reports/2011/01/special-report-examiner-special-report-plain-truth-about-who-owns-de

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