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
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