Thursday, January 27, 2011

01-27-11

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



BOHICA: Staffers from the House Judiciary Committee will meet with Obama administration officials Thursday to examine the effectiveness of federal laws designed to keep guns out of the hands of the mentally ill, according to a Republican aide with the panel. The closed-door gathering will focus on whether a federal system of background checks is working to block gun sales to the mentally ill and others barred from owning firearms, the aide said Tuesday. Staffers from both parties will attend, as well as officials from the FBI and possibly the Justice Department, the aide added… Staff at Thursday's meeting will consider whether the National Instant Criminal Background Check System (NICS) is effective. The system is an FBI-run database created by the 1993 Brady Handgun Violence Prevention Act – a law named after former President Reagan's press secretary, James Brady, who was seriously injured during the 1981 assassination attempt on Reagan… Sen. Tom Coburn (R-Okla.), a staunch Second Amendment defender, has also indicated recently that there might be room for Congress to bolster efforts to keep guns away from the mentally ill…

http://thehill.com/homenews/house/140411-house-judiciary-republicans-to-examine-background-check-system-for-gun-sales?page=1
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John Kerry, Hunter: In the aftermath of the Arizona shooting rampage, Senator John F. Kerry said yesterday that he was cosponsoring legislation that would ban the possession or sale of high-capacity magazines, and close what he called a loophole that allows criminals to buy weapons at gun shows without a background check. The action by Kerry puts the state's senior senator and his Republican counterpart, Senator Scott Brown, at odds over reinstating parts of the federal assault weapons ban that was allowed to sunset in 2004… "As a lifelong hunter, I know that no one is going to mess with the constitutional right to bear arms, but rights come with responsibilities, and criminals and the mentally unstable do not have a right to avoid background checks or carry military style assault weapons," Kerry said. "There is no legitimate reason not to close a loophole that allows criminals to get a gun with no background check or to allow dangerous individuals access to military style assault weapons." …

http://www.boston.com/news/local/massachusetts/articles/2011/01/26/kerry_signs_on_to_gun_legislation/
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F Troop "Bewildered and Keenly Disappointed": The White House, facing fierce criticism from the gun lobby, has delayed approval of a proposed rule that federal law enforcement officials say could help them stanch the flow of U.S. assault rifles and other high-powered weapons to Mexico's drug cartels. The proposed rule, announced by Alcohol, Tobacco and Firearms acting director Kenneth Melson on Dec. 20,  would require U.S. firearms dealers in four southwest border states to report multiple sales of long guns, such as semi-automatic assault rifles which are frequently purchased by so-called "straw buyers" for the cartels. Melson had said he expected the proposed "emergency rule" would receive approval in early January 2011. But the announced deadline date for White House approval, Jan. 5, has come and gone, leaving ATF officials bewildered and keenly disappointed. Some officials had expressed hopes  that President Barack Obama might even address the issue during his State of the Union speech Tuesday night as a positive step the administration was taking to address the issue of gun violence…

http://openchannel.msnbc.msn.com/_news/2011/01/26/5929361-amid-gun-lobby-criticism-assault-weapons-reporting-rule-delayed

F Troop Backs Off?: Guns America is reporting that F Troop has agreed to let Taurus proceed with the marketing of its Taurus Judge revolver in 28 gauge (0.55" bore). Whoopee! Now you have another impractical way to throw away several hundred dollars to impress your friends at the range. Anyone who thinks a donut pattern of birdshot is the best way to deal with an angry rattlesnake should consider that the preferred tool for that in rattlesnake country is a hoe. When Elmer Keith was queried about loads for snakeshot capsules for revolvers, he replied that he preferred his regular bullet loads – he would fire one in front of the rattler, scattering gravel onto it and prompting it to coil, after which he could take an aimed shot at the head. Any place else on a snake a gunshot will not produce reliable results.
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The Wheels of Justice Grind Slowly: …From Texas' U.S. v. Emerson to the country-wide Heller v. District of Columbia and McDonald v. Chicago, to Chwick v. Mulvey in Nassau County, but affecting all of New York State, legal challenges are being brought to unConstitutional and unjust firearms regulations… and succeeding as never before. The most recent successful chanllenge occured this week in firearms-unfriendly California when the Fresno Superior Court issued an Order of Permanent Injunction in the National Rifle Association – California Rifle and Pistol Foundation-funded legal challenge to AB962, Parker v. California. The order permanently prevents the state and its agents from enforcing the provisions of AB962 (Penal Code sections 12060, 12061, and 12318), the statute that would have banned mail order ammunition sales and required all purchases of so-called "handgun ammunition" to be registered! Rulings like these won't stop gun-haters and hoplophobes like New York City Mayor Michael Bloomberg and his grand-standing group of Mayors Against Illegal Guns, but it's been the signal of a sea change in how the American justice system is putting legislatures on notice that the Constitution is still in effect across the land.

http://www.thegunzone.com/TGZBlog/2011/01/25/theyre-not-exactly-dropping-like-flies/
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The Sky Is Falling in New Hampshire: A New Hampshire teachers' union is defending its cancellation of a traditional Dr. Seuss reading at the State House, saying the recent removal of a ban on guns there raises safety concerns for participating fourth-graders. The decision involves the Read Across America program that the National Education Association-NH has held with state senators for 12 years. It's a one-day event, unrelated to the several thousands of school children who visit the State House every year. "We lock down schools if there is a gun within the neighborhood," NEA-NH President Rhonda Wesolowski said. "But to send them to a place where they specifically are allowed is a bit of a different story. We keep children, our most precious resource, safe in the school system. Why would we take them to a place where they say it's OK to have guns… (New Hampshire has been a shall-issue state for discreet carry since the early 20th century and is also an open-carry state. When I visited there in the early 90's it was estimated that 50% of adults carry firearms routinely. Why does a Dr. Seuss reading put the kids at greater risk? Is it the inflammatory rhetoric?)

http://www.unionleader.com/article.aspx?headline=Guns+put+end+to+student+visit+at+State+House&articleId=b118b972-6abd-47e0-a01c-53685b16101d
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The Sky Is Falling in Arizona:
Two weeks after a shooting incident that left six people dead outside a grocery store in Tucson, Ariz., two new bills remain in the Arizona Legislature that would loosen gun controls, specifically on college campuses. Neither proposal sits well with the heads of the state's public universities. Guns and college campuses simply don't mix, the presidents of Arizona State University, Northern Arizona University and the University of Arizona say. If the measures pass, Arizona State in Tempe would follow the law but "it's a bad idea," President Michael Crow said. "The creation of a safe environment for high-intensity learning doesn't permit guns on campus, besides the police," Crow said. Arizona House Bill 2001 which was filed mid-December would allow faculty to "possess a concealed firearm on the grounds of a community college … a provisional community college … or a university … if the faculty member possesses a valid permit." A second bill, House Bill 2014, introduced in late December would effectively stop the governing board of any university, college or community college to "enact or enforce any policy or rule that prohibits the possession of a concealed weapon by a person who possesses a valid permit…" …

http://abcnews.go.com/Politics/university-presidents-speak-arizona-gun-bills/story?id=12751437

From murders to suicides, Arizona is consistently among the most deadly states in the nation for gun violence, federal records show. Over a nine-year span, the state's rate of gun deaths of all types ranked seventh in the United States and sixth for gun-involved slayings, according to an Arizona Republic analysis of death reports compiled by the Centers for Disease Control and Prevention. The rankings are based on data from 1999 to 2007, the most recent statistics available from the CDC. Overall, violent-crime rates in Arizona are not far from rates for the U.S. as a whole, but the rate of deaths specifically tied to guns surprises national experts. Crime-victimization patterns that measure factors such as age and racial demographics suggest that Arizona would figure to be among the states with a lower risk for violent crime… (Oh really? How many of those deaths involve people that not only have Spanish surnames but also are in the state – and country – illegally?)

http://www.azcentral.com/arizonarepublic/news/articles/2011/01/27/20110127arizona-gun-death-rate-nations-worst.html
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Common Sense in Florida: The shooting deaths of four police officers in Florida over the last week should not prompt lawmakers to consider tougher gun laws, according to the president of the Florida Senate. Sen. Mike Haridopolos said the tragedies in St. Petersburg and Miami remind everyone about the dangers police officers face on the job every day. Haridopolos, whose father is a retired FBI agent, said the officers' deaths should not result in gun control legislation because the killers were criminals and they never should have had guns in the first place. "Putting restrictions on people who actually abide by the law would be a mistake," he said. "I'm a firm believer in the Second Amendment and I think people have the right to carry a gun and we need to be more vigilant against folks who break the law. These people were hardened criminals and unfortunately guns get in the wrong hands." …

http://www.firstcoastnews.com/news/news-article.aspx?storyid=188612
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Interesting Case in Michigan: A Novi judge has dismissed a weapons charge against a former Michigan House speaker, saying the case violated his Second Amendment rights. The decision Wednesday by 52-1 District Judge Brian Mackenzie ends a case brought against Craig DeRoche last year, when police arrested him at his Novi home and charged him with possession of a firearm while intoxicated. "The Second Amendment bars prosecution of an individual who is intoxicated merely because he legally owns a handgun," Mackenzie said… Police were called to DeRoche's house June 27 based on a complaint that he was carrying a gun around while he was intoxicated. According to a summary by Mackenzie, DeRoche's mother-in-law allowed officers into the house to secure the handgun. They found the gun unloaded with the clip next to it on the first floor while DeRoche was upstairs…

http://www.freep.com/article/20110127/NEWS03/101270424/1001/news/Weapons-charge-against-ex-Mich-House-Speaker-Craig-DeRoche-tossed
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Kansas May Loosen Long Gun Restrictions: Gun-rights advocate Patricia Stoneking wants to take the safety off restrictions on shotgun and rifle sales by Kansas dealers to people living outside this state and the four contiguous states. Stoneking, president of the Kansas State Rifle Association, said the 2011 Legislature should repeal prohibitions on sales of these weapons by adopting House Bill 2013… Not articulated in the bill is an explanation of reasons for repealing laws forbidding purchase of rifles and shotguns from Kansas merchants by folks living in the other 45 states. "If I was traveling in Texas and should come upon a rifle or shotgun that is rare in nature, or of collector value, currently I could not purchase the firearm and would lose the opportunity to add that firearm to my collection," Stoneking said. She said Kansas law also inhibits purchases by people who stay in Kansas for a few months each year, but are legal residents of non-contiguous states… The Republican-led House Federal and State Affairs has yet to act on the bill, but is likely approve the measure. (Federal law prohibits the purchase of a handgun outside one's home state but the legality of a long-gun purchase usually depends on the laws of the buyer's home state. For example, A California resident may not purchase most long guns in Arizona because California law requires most long-gun transfers to go through a state-mediated waiting period and bans many long guns as "assault weapons.")

http://cjonline.com/blog-post/tim-carpenter/2011-01-26/kansas-rifle-shotgun-sales-may-go-national
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New Mexico Expanded-Carry Bill Introduced: A bill that would expand New Mexico's concealed-carry firearms law was introduced in the legislature Wednesday. The bill would allow people with concealed-carry permits to bring their guns into bars, schools, university classrooms, and onto public transportation. Supporters of the bill point out that those permit holders are people over 21-years-old, with clean criminal records that have passed a gun safety class. Representative Zach Cook said that the bill was not designed to allow kids to carry arms to school, and that he wouldn't support the legislation if that happened. "This is for parents and other responsible, law-abiding adult citizens," said Cook. Last year the legislature passed a bill that didn't go as far as this one. The state law now allows those with concealed-carry permits into restaurant that have beer and wine licenses… (A poll is available on the linked page.)

http://www.connectamarillo.com/news/story.aspx?list=195065&id=572622
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Permits = Revenue?: A gun permit holder recently found an easier way to keep carrying his weapon without renewing his Minnesota permit. Instead of paying $100 and taking a class to renew the license for five years, he found out he can get a nonresident gun permit from Utah. That state requires only a one-time training class, a $65 first-time fee and then $10 every five years to renew. Utah gun permits are recognized in 33 states, including Minnesota. "I bring this to your attention because I feel the state of Minnesota is losing out on a bunch of revenue because their permit policies cost the end user too much," the gun permit holder wrote. Revenue from gun permits goes to counties, not the state, according to Department of Public Safety spokesman Doug Neville. A Utah permit holder can't do everything a Minnesota permit holder can do either. A Minnesota permit serves as a permit to purchase a firearm, while a Utah permit does not, Neville said. To see a list of out-of-state permits that are valid in Minnesota, click here…

http://www.startribune.com/local/blogs/114652084.html?elr=KArksD:aDyaEP:kD:aUq9_b9b_jEkP:QUiD3aPc:_Yyc:aUoD3aPc:_27EQU
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Georgia Church-Carry Ruling to be Appealed: A Thomaston minister who wants his pistol at the pulpit was among the plaintiffs appealing a lost federal case Wednesday. The plaintiffs, led by the group GeorgiaCarry.org, filed the notice of appeal in the U.S. District Court in Macon, where the original case was dismissed Tuesday. John R. Monroe, the Roswell attorney for plaintiffs suing the state, said he expects the first briefings to come in March. Monroe said the 11th Circuit Court of Appeals may send the case to mediation, but mediation rarely works in cases involving constitutional law. Monroe's case is centered on the First and Second amendments. Monroe's clients say state law shouldn't prevent people from carrying firearms in church. Among those suing are the Rev. Jonathan Wilkins and his church, The Baptist Tabernacle of Thomaston. Wilkins said he should be able to protect his flock. Former GeorgiaCarry.org president Edward Stone, another plaintiff, is a former police officer who said the Bible requires him to "obtain, keep and carry a firearm wherever I happen to be," including during church services. A state law bans weapons from places of worship as well as government buildings and some other locations…

http://www.macon.com/2011/01/27/1425677/plaintiffs-appeal-guns-in-church.html
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Oops, Wrong House: Two suspected burglars got more than they bargained for when a homeowner caught them in the act and shot at them. It happened on Upper Station Camp Creek Road in Sumner County [TN]. Homeowners Jeff and Tammy Gibson were returning home from an evening church service when they came face-to-face with the suspects. "I got home first, pulled in the garage, and noticed the garage door was open," said Jeff Gibson.  "When I went to look to see what was going on, I saw a black car pulling out of the carport." He says that car took off down the driveway and appeared to be headed straight for Tammy, who was at the end of the driveway checking the mail… Jeff pulled out the handgun he almost always carries on his hip, and fired eight shots at the suspects' vehicle.  Then, he got in his own car and began chasing them…

http://www.newschannel5.com/story/13916455/gallatin-homeowner-shoots-at-would-be-burglars
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Oops, Wrong Store: An Orland [CA] store owner shot at two masked suspects who reportedly robbed his business, Moe's Market, about 5:25 a.m. Monday. One man allegedly held owner Musleh "Moe" Zokari, 53, at gunpoint while the other emptied the cash register and safe at the store at 234 Sixth St., the Orland Police Department reported in a press release. Police said the safe happened to be open when the robbers entered, about 25 minutes after opening. Zokari reportedly fired at least one shot at the men fleeing the store. Officials don't know if a suspect was hit… (Fortunately, Orland is located in rural Glenn County, which may explain why no issue is being made of the store owner firing at fleeing suspects.)

http://www.contracostatimes.com/california/ci_17191688?nclick_check=1
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Oh Canada!: A Canadian man has been charged with multiple weapons violations after he used his revolver to defend himself from firebombers who tried to destroy his home. And it was all caught on camera. Ian Thomson is a 53-year-old former mobile crane operator from Southwestern Ontario. He's also a devoted student who's using his years after 50 to study environmental geosciences. And he's even a former firearms instructor. But this fall he became a criminal in the eyes of the law. It all began in late August of last year, when Thomson woke up to the sound of three masked men tossing at least six Molotov cocktails at his house… In response, Thomson grabbed his Smith & Wesson revolver and ran out of his house in his underwear and "fired his revolver two, maybe three times, we're not sure," his lawyer, Edward Burlew, told Canada's National Post. Thomson's security cameras captured the attack. But when he turned the footage over to the local police, Thomson couldn't believe what happened: he was charged with careless use of a firearm, and his collection of seven guns, five pistols, and two rifles was seized, along with his firearms license. More charges were added later, including pointing a firearm and two counts of careless storage of a firearm. Prosecutors are recommending jail time…

http://www.theblaze.com/stories/canadian-man-charged-after-using-gun-to-defend-his-home-from-firebombers/
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Spec Ops Marines Seek .45's: The competition to provide Marine special operators with new .45-caliber semiautomatic pistols is beginning to take shape, with at least three companies submitting samples to the Marine Corps and others bowing out. Colt Defense of Hartford, Conn., and Springfield Armory of Geneseo, Ill., sent samples of their latest 1911 pistols to acquisition officers this fall, company officials said Jan. 18 during the Shooting, Hunting, Outdoor Trade Show and Conference, known as SHOT Show, in Las Vegas. The Corps is expected to seek proposals from the defense industry soon. The M45 Close Quarter Battle Pistol is modeled after earlier versions of the semi-automatic 1911 pistol used since the 1980s by Force Reconnaissance units. The Corps could buy between 400 and 12,000 as part of a contract worth up to $22.5 million, according to Marine Corps Systems Command… (Restricted to ball ammo, I'd want a .45 too.)

http://www.marinecorpstimes.com/news/2011/01/marine-marsoc-pistol-45cal-012511w/
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Meanwhile, in Utah…: Rep. Carl Wimmer's bill to designate the Browning M1911 handgun as a state symbol shot through the House on Wednesday, though it did generate strong debate from opponents who felt it was insensitive in light of the mass shooting in Tucson. The Herriman Republican, however, said it was simply about honoring John Moses Browning, a Utah native who invented the handgun still used today. "It's an appropriate and fitting tribute to a Utah icon," Wimmer said. "This firearm has defended liberty and freedom." … The bill passed 51-19 and will now move to the Senate for consideration.

http://www.sltrib.com/sltrib/home/51128137-76/advice-bill-browning-debate.html.csp
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Tangentially Related: Lost in the hubbub over President Obama's State of the Union speech was the quiet death of liberal Democratic hopes to "reform" the Senate filibuster.  Those hopes officially expired at 10:20 p.m. Tuesday, as lawmakers prepared the leave the Capitol after the president's speech, when the Senate adjourned for the first time this year. For months, some Democrats had been working on a plan to use a parliamentary maneuver called the "nuclear option" to put an end to minority Republicans' ability to block Democratic initiatives.  Under that scenario, on the first day of its session -- and only on the first day -- the Senate would be able to change its rules regarding filibusters with a simple majority vote.  Normally, it takes 67 votes to change the Senate's rules, but on the first day, Democrats believed, they could kill the filibuster with just a 51-vote majority…

http://washingtonexaminer.com/politics/congress/2011/01/senate-quiet-death-filibuster-reform
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