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For this reason, GOA has been working with Congress to ensure that this abomination is not just "tweaked," but totally repealed… In a massive blow to the Obama administration's socialist anti-gun agenda, Florida federal district judge Roger Vinson held on Monday that ObamaCare was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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