Wednesday, March 2, 2011

03-02-11

by permission from: Stephen P. Wenger
(comments in () by the same

Website Update: I received a warning about the risks of repeatedly chambering the same round in AR-15-style rifles, which I have posted in the Thoughts on Rifle Ammunition section on the Long Gun Selection page.

http://www.spw-duf.info/longgun.html
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A List Member Replies:
Intrigued by my comment to the effect that Chicago's handgun ordinance does not actually place registered handgun owners under house arrest, one list member looked up the ordinance. It reads, in part, "It is unlawful for any person to carry, own or possess a handgun except when in the person's home." (§ 8-20-20) Does Chicago really have its own definition of "ownership," such that it ceases temporarily when one walks out the door?
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UN Lies: "Currently, the United Nations is drafting an Arms Trade Treaty to impose strict controls on firearms and other weapons," David B. Kopel, Paul Gallant and Joanne D. Eisen write in a just-released New York University Journal of Law & Liberty Article.  From the Abstract: "In support of hasty adoption of the Treaty, a UN-related organization of Treaty supporters have produced a report claiming that armed violence is responsible for 740,000 deaths annually. This Article carefully examines the claim. We find that the claim is based on dubious assumptions, cherry-picked data, and mathematical legerdemain which is inexplicably being withheld from the public. The refusal to disclose the mathematical calculations used to create the 740,000 factoid is itself cause for serious suspicion; our own calculations indicate that the 740,000 figure is far too high. Further, while the report claims that 60% of homicides are perpetrated with firearms, our review of the data on which the report claimed to rely yields a 22% rate. The persons responsible for the report have refused to release their homicide calculations, or any other calculations." Globalist gun-grabbers fudge numbers to advance an agenda? And then refuse to share their methodologies and data? This is my shocked face…

http://www.examiner.com/gun-rights-in-national/researchers-challenge-un-arms-trade-treaty-gun-death-claims
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I Haven't Heard the Fat Lady Sing: The left has permanently lost the argument on gun control. Despite their best efforts to take advantage of the tragic shooting in Arizona to promote pointless restrictions on things like the size of handgun magazines, the propaganda campaign is unlikely to go anywhere. Instead, the right to keep and bear arms continues to gain steam as state lawmakers around the country are enacting measures that would have been unthinkable not so long ago… Whenever the left is defeated at the statehouse and ballot box, it turns to the courts. The Supreme Court shot down most of these efforts with the District of Columbia v. Heller and McDonald v. City of Chicago rulings reviving judicial recognition of the Second Amendment. Arkansas Gov. Mike Beebe received legislation on Monday that forbids local governments from attempting to file liability lawsuits against manufacturers of guns and ammunition. The same bill also prohibits localities from passing any sort of "emergency ordinance" to seize Americans' firearms as happened in New Orleans during the Katrina hurricane…

http://www.washingtontimes.com/news/2011/mar/1/no-hope-for-gun-grabbers/

Recent Poll: Since the tragedy in Tucson, Arizona on January 8, Americans' desire for their Second Amendment rights show no signs of weakening. President Obama ignored a change in gun policy in his State of the Union speech, but the White House promised on January 27 that Obama would unveil a push for more gun control in the coming weeks. This push for more gun control from the White House has yet to happen. A poll conducted by Zogby International just ten days after the President's State of the Union speech shows that, if anything, voters have become more supportive of their Second Amendment rights. The poll surveyed 10,000 likely voters and was commissioned by ATI-News and The O'Leary Report. For polling purposes, all 10,000 voters were divided into three camps: 1) Red states that did not vote for Obama in 2008 and are unlikely to do so in 2012; 2) Blue states that did not vote for McCain in 2008 and are unlikely to vote GOP in 2012; and 3) The following battleground "Green" states that could go either way in 2012: FL, IN, IA, MI, MO, NH, NM, NC, OH, PA, VA, and WI.

http://townhall.com/columnists/bradoleary/2011/03/01/poll_shows_voters_of_all_stripes_oppose_more_gun_control/page/full/

Brady Brays: The Brady Campaign has taken upon itself the devilishly tricky task of crowing over the "success" (more on that in a minute) of the Brady Handgun Violence Prevention Act (the "Brady Bill," requiring criminal background checks for all gun sales from licensed dealers), while simultaneously decrying the inadequacy of that law, and the need for a whole fleet of new laws to make it actually work.  From their press release: "Seventeen years after the Brady Law went into effect on February 28, 1994, Paul Helmke, President of the Brady Campaign to Prevent Gun Violence, expressed pride in the law's accomplishments, but also urged political leaders to do more to protect Americans from gun violence. Helmke outlined 17 common sense measures, including closing loopholes allowing too many gun sales to be conducted without background checks, holding gun dealers and manufacturers accountable, slowing illegal gun sales and trafficking and more." …This year's "17 Common Sense Recommendations for Change," as the Brady Campaign calls them, are not limited to small infringements, either, with just one of them being "Require Licensing of Gun Owners and Registration of Gun Purchases." Sounds as if they're hoping to get back to the heady days of thinking they could pass "Brady II." In the interest of fairness, it must be admitted that the Brady Campaign is at least capable of impressive feats of alliteration, as illustrated in their alternate name for this one: "Stop the Sale of Large Capacity Ammunition Magazines (aka Big Bullet-Blasting Boxes)."  Really, Brady Campaign, "Big Bullet-Blasting Boxes"?  Seriously? …

http://www.examiner.com/gun-rights-in-st-louis/coming-next-year-from-the-brady-campaign-18-new-infringements-on-rkba
http://www.bradycampaign.org/media/press/view/1359/

Meanwhile, in LaLa Land…: Los Angeles Mayor Antonio Villaraigosa, Police Chief Charlie Beck and other top officials voiced their support Wednesday for federal legislation that would ban large-capacity ammunition magazines such as the one used by the alleged gunman in the Tucson shooting rampage. "It boils down to simple math: It's 20 lives," said Beck, describing the difference between a 10- and 30-round magazine attached to a weapon. The pending federal law – H.R. 308, sponsored by Rep. Carolyn McCarthy (D-N.Y.) – would ban magazines that hold more than 10 rounds. Chances of its passage are considered slim amid strong opposition from gun-rights advocates… Displayed on a table beside Beck at a City Hall news conference Wednesday was an array of seized semi-automatic weapons. Such seizures have risen dramatically since a federal assault weapons ban expired in 2004, City Attorney Carmen Trutanich said… (As I recall, when Trutanich ran for city attorney, much of the opposition focused on his being in the same law firm as Chuck Michel, the primary litigator for the California Rifle & Pistol Association. So much for birds of a feather…)

http://latimesblogs.latimes.com/lanow/2011/03/la-mayor-police-chief-voice-support-for-federal-ban-on-large-capacity-firearms.html

And in Colt's Home State…: Tuesday, Senate Bill 1094 was introduced and referred to the Joint Committee on Judiciary. SB 1094 seeks to prohibit the possession of firearms magazines that accept more than ten rounds of ammunition. If passed and signed into law, any person in possession of any magazine greater than ten rounds, who has not already surrendered the magazine prior to enactment or ninety days after enactment, will be guilty of a class D felony. SB 1094 is a bill in search of a problem, despite the recent media attention given to "large capacity" magazines, no correlation exists between the size or arbitrary capacity of a detachable magazine and violent crime. Owners of "large capacity" magazines are not criminals or individuals intent on committing atrocious acts; they are sportsmen or firearm enthusiasts who own the magazines for a variety of reasons, including sport, competition or self-defense.

http://www.opposingviews.com/i/connecticut-moves-to-ban-%E2%80%9Clarge-capacity%E2%80%9D-gun-magazines
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Illinois AG – Out Gun Owners: Illinois State Police stood their ground today after the state's attorney general determined the agency must disclose the names of people authorized to own guns in Illinois to comply with public records law. Attorney General Lisa Madigan's public access counselor issued a letter Monday night rejecting state police arguments that releasing the information is an unwarranted invasion of privacy prohibited by the state public records law or that its disclosure would automatically endanger the lives of gun owners or those who don't have firearms. State police determine who gets Firearm Owners Identification cards but have always kept the information confidential. Despite the decree, the names likely won't be uncloaked soon. A state police lawyer indicated in a letter Tuesday the agency planned to ask a judge to decide the matter. And Republican lawmakers have filed legislation to make names permanently private. Through the Freedom of Information Act, The Associated Press requested in September the names of each FOID cardholder in the state and the expiration date of each card. State police denied the request, prompting the public access counselor's intervention… (These are not carry permits – there currently is no such thing in Illinois – these are the permits required to own firearms and ammunition in Illinois.)

http://www.chicagotribune.com/news/local/breaking/chibrknews-atty-general-illinois-should-release-foid-card-list-20110301,0,6114050.story
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Illinois Gunners to Rally Next Week: Illinois gun owners will gather March 10 in Springfield for Illinois Gun Owner Lobby Day (IGOLD) and the largest show of support for an Illinois Right to Carry law the state has ever seen… An expected crowd of 7,000 to 10,000 will gather at the Prairie Capitol Convention Center at the corner of Adams and 8th streets. Doors open at 10:30, with the pre-rally program set to begin at 11:45. Leaders of the Illinois State Rifle Association will present a legislative briefing before sending attendees on a march to the State Capitol through the streets of Springfield. A reception for attendees and legislators will be held later that evening at the State House Inn, 6 p.m., 101 E. Adams St. All Illinois gun owners are urged to attend. IGOLD organizers have scheduled charter buses from all corners of the state to make travel to the event worry free. Buses will depart from the Marion Sam's Club parking lot and the Wal-Mart parking lot in Mt. Vernon. Advance reservations required. To reserve a seat on the bus and avoid the hassles of driving and finding parking places, or for more information, go to IGOLD.isra.org or call 815-635-3198.

http://www.carmitimes.com/newsnow/x868510556/Southern-Illinois-gun-owners-to-converge-on-state-capitol
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Constitutional Right to Prompt Hearing: From Razzano v. County of Nassau (E.D.N.Y. decided yesterday), an interesting decision holding that the gun owner wins under the Due Process Clause, and might also win under the Fourth Amendment (if he amends his complaint to plead it properly)… Gabriel Razzano ... asserts that the defendants, all associated with the Nassau County Police Department, violated his Fourteenth Amendment due process rights by failing to provide him with an adequate opportunity to recover rifles and shotguns that the defendants had confiscated from his residence.... Along with protesting for stricter enforcement of the immigration laws, Razzano has also repeatedly contacted local and federal legislators relating to immigration. One such legislator was United States Representative Carolyn McCarthy. In the six years leading up to the events precipitating this lawsuit, Razzano telephoned McCarthy's office approximately one hundred times, and visited the office approximately six times… As Razzano was not offered this type of hearing, Nassau County violated his Fourteenth Amendment due process rights....

http://volokh.com/2011/03/01/court-finds-due-process-clause-violation-in-nassau-county-n-y-failure-to-provide-prompt-hearing-as-to-return-of-citizens-guns/
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Empty-Holster Protests Planned in Oklahoma: University officials and student governments at the University of Oklahoma and Oklahoma State University have been against weapons on campus for years. But students in favor of concealed guns at schools are planning to don their holsters in larger numbers during April across several campuses, according to OSU graduate student Adrienne O'Reilly, the Oklahoma director of Students for Concealed Carry on Campus. "Some of us are wearing empty holsters as a symbol of not only showing we are in support of the concealed-carry laws being changed, but we also want people to see that there are people on campus who do have their concealed-carry license," O'Reilly said. "Though the official empty holster protest will come in April, some of us want people to see that concealed-carry license holders are just like everyone else instead of continuing to allow people to stereotype us." Proponents of the bills say they are fighting misinformation, O'Reilly said…

http://www.tulsaworld.com/news/article.aspx?subjectid=19&articleid=20110302_11_A1_CUTLIN929455

While in Texas…: Student Congress took an overwhelming stance, 36–6, against concealed carry on campus Tuesday night. SC held an official vote on behalf of the student body to decide what position UTA would take on carrying concealed guns on campus. The vote is in response to three bills currently in the Texas legislature that would allow licensed holders to carry on campus. According to the bill's author, Rep. Joe Driver, R-Garland, 81 of 150 Texas House members have already signed on as co-authors to House Bill 750. The floor opened for discussion 45 minutes before congress made a private vote. Senators were allowed two minutes a piece to speak, and all remarks were solely made to SC President Aaron Resendez. Resendez said he is going to the UT System Student Advisory Council Friday to inform them on the campus' stance. Once legislation allows, he said the executive board will go to Austin to speak with legislators…

http://www.theshorthorn.com/index.php/news/university/1048-guns-on-campus-shot-down-by-student-congress

And in Florida…:
A new bill in Florida would allow for the open-carry of firearms in the state, including on the campuses of Florida's universities. Sen. Greg Evers (R-Crestview) introduced the legislation, SB 234, which is currently in committee. If passed, the bill would allow anyone with a concealed weapons permit to also carry a firearm visible to the public. Florida is one of seven states in the country that currently does not allow a person to do that. The legislation would also allow people to openly carry a firearm on campus at a Florida university. Under current law, they are not allowed to do that. Even if the bill passes, people will still not be allowed to carry a gun into a police station, jail, courtroom, government building, professional sporting event, or public school. A group of university police chiefs, including Chief Thomas Longo from the University of South Florida, have written a letter to the Florida Legislature asking them to not change the law. They believe open carry would make their campuses more dangerous… (Hidden guns on campus, flaunted guns on campus – how's a gun-banner to know which to paint as the greater evil?)

http://www.abcactionnews.com/dpp/news/region_tampa/Bill-would-allow-guns-to-be-carried-openly-at-Florida-universities

Louisiana Campus-Carry Poll:

http://www.orlandosentinel.com/news/opinion/os-poll-concealed-weapons-college-campus-022511,0,109338,post.poll
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Pennsylvania Self-Defense bill Advances: A measure that would expand Pennsylvania's so-called Castle Doctrine passed the state Senate Judiciary Committee in an impromptu meeting held just off the Senate floor today. The bill by state Sen. Richard Alloway, R-Franklin County, would allow residents to use deadly force to defend themselves outside their homes and vehicles without first having to retreat. The committee voted 10-3 to advance the proposal to the full Senate. Virtually the same plan also passed last year, but it was amended into another bill pertaining to closing loopholes in the state sex offender reporting law, Megan's Law. Former Gov. Ed Rendell vetoed the bill saying it was unconstitutional because it contained two different subjects.  Rendell later said he might have signed the bill if it had closed the "Florida loophole," which allows Pennsylvanians to obtain a gun permit from another state even if they are denied one here… (Let me see if I got that straight – Rendell would have signed a bill he thought was unconstitutional if it had only had one more provision that he desired?)

http://www.pennlive.com/midstate/index.ssf/2011/03/state_senate_panel_approves_ca.html
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Clayton Cramer vs. Open Carry: It has been over a year since I ran a series of articles chastising Clayton Cramer for criticizing both open carry and the gay community in his Shotgun News column as well as for his follow-up attack on open carry in his Pajamas Media column. Given the vitriol with which Mr. Cramer attacked open carriers in those instances, I suppose it is little surprise that he has once again taken aim (pun intended) at open carry. This time, his target is Michigan Open Carry and their efforts to force the Capital Area District Library (CADL) in Lansing Michigan to comply with Michigan's preemption law that forbids local units of government from regulating the otherwise lawful carry of firearms.  And while there are a number of interesting legal issues surrounding this preemption battle that I will address in next week's column, today I want to talk about Mr. Cramer's latest attack on open carry… (Cramer is known to many in the RKBA community for his essay "The Racist Roots of Gun Control." He also exposed Michael Bellesiles' fabrications in the latter's book Arming America and used that research as the basis of his own outstanding book Armed America. To the dismay of the open-carry community, he has expressed concerns that using open carry as a political statement may backfire. In the CADL case, it's pretty hard to protest by carrying discreetly.)

http://www.examiner.com/gun-rights-in-minneapolis/with-friends-like-this-part-ii

Meanwhile, in Wisconsin…: An "open carry" rally is 11 a.m. to 2 p.m. Saturday, March 5, at the Holiday Gardens in Potosi. The event features antique gun appraisals, sporting goods vendors and a discussion on Second Amendment rights. Gun-rights advocates are confident that a concealed-carry law will be implemented in Wisconsin this year. Gov. Scott Walker has expressed support for the idea. The event carries a $5 suggested donation and proceeds will benefit the Wisconsin Badger Camp located in northern Grant County. Lunch will be available. The event is sponsored by the Grant County Republican Party. (With no current lawful options for discreet carry, Wisconsin leaves little alternative to open carry.)

http://www.thonline.com/article.cfm?id=313371
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Comedy of Errors?: …When questioned by authorities, Allen Jones stated he had taken his Glock .40 handgun from the glove compartment of his truck. He was walking to the house when he tripped and fell. The gun discharged, and he was hit in the leg just above the knee, he told police. Jones yelled to his wife for help. Aleisha Jones was upstairs bathing their young son when she heard her husband's call for help. When she arrived on the screened porch, she tried to secure the gun but her son beat her to it. As she attempted to take the gun from the child, a round fired. Aleisha Jones was hit in the left side of her neck. A neighbor heard the gunshots and cries for help and came to Aleisha Jones's aid. The neighbor's husband called 911. When authorities arrived, Allen and Aleisha Jones were transported to USA Medical Center in Mobile [AL]. Investigators say the individuals' stories parallel each other. At last report, the Joneses were in stable condition with injuries that did not appear life-threatening. No charges have been filed. (The Rules are posted at http://www.spw-duf.info/safety.html. The car-gun concept is discussed at http://www.spw-duf.info/emperor.html#car%20gun. It sounds as though the injuries could have been prevented by the use of some sort of holster, such as the Safepacker mentioned in the car-gun article.)

http://www.msnbc.msn.com/id/41837186/ns/local_news-mobile_al/
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The Horror of It!: A startled man has told how he found a bullet lying in a York city-centre street. Tim Stark said he was unloading items into the MOR Music store where he works in Fossgate yesterday morning when he spotted what he believed to be a live .22 bullet gleaming in a puddle. He said he immediately called police, who came and took it away… A North Yorkshire Police spokesman said the bullet had been put into safe storage, and CID had confirmed it was not thought to be connected with any incident currently under investigation… (It appears that British journalists also fail to understand the difference between a bullet and an entire cartridge.)

http://www.yorkpress.co.uk/news/8805022.Fossgate_bullet_find_mystery/
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