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31 August, 2008

Obama's slippery stand on guns

Sen. Barack Obama's campaign just won't let the gun issue rest. Mr. Obama and his campaign surrogates continue to assure gun owners that he is on their side, and it appears to be paying off. John McCain only leads Mr. Obama among hunters by 14 percentage points, just about half the 27-point lead that President Bush held over John Kerry in 2004. If Mr. McCain had a similar lead, he would be ahead in most polls, particularly in many battle ground states. Yet, despite all the Democratic claims to the contrary, Mr. Obama is undoubtedly the most anti-gun candidate ever nominated by a major party for president.

A couple of weeks ago, Brian Schweitzer, Montana Democratic governor, told national reporters that Mr. Obama "Ain't ever going to take your gun away." An Obama adviser, Stanford Law Professor Larry Lessig, said recently on Hugh Hewitt's national radio show that "I think that he has always been an individual rights person on the Second Amendment." Another advisor, Professor Cass Sunstein at Harvard, told Time Magazine in June: "Obama has always expressed a belief that the Second Amendment guarantees a private right to bear arms." The list goes on.

The day the Supreme Court struck down Washington, D.C.'s gun ban, Mr. Obama claimed the court's decision merely ratified his own position. He told Fox News he had "said consistently that I believe that the Second Amendment is an individual right, and that was the essential decision that the Supreme Court came down on." So, has Mr. Obama consistently supported individuals' rights to own guns and opposed the D.C. handgun ban? Last November, Mr. Obama's campaign told the Chicago Tribune that "Obama believes the D.C. handgun law is constitutional." After the Illinois senator's statement supporting the Supreme Court striking down the ban, the campaign quickly disowned the Chicago Tribune quote as a staffer's "inartful attempt" to characterize his position.

Yet, Mr. Obama personally voiced support for the D.C. ban at other times. In February, he did this himself, not something that he could blame on a staffer. ABC New's local Washington, D.C. anchor, Leon Harris, asked Mr. Obama: "One other issue that's of great importance here in the district as well is gun control ... but you support the D.C. handgun ban." Mr. Obama's simple response: "Right." When Mr. Harris said "And you've said that it's constitutional," Mr. Obama again says "right" and is clearly seen on tape nodding his head "yes."

But this is not new. Mr. Obama has a long history of supporting city gun bans. The Associated Press described his 2004 vote on a gun control bill: "He also opposed letting people use a self-defense argument if charged with violating local handgun bans by using weapons in their homes. The bill was a reaction to a Chicago-area man who, after shooting an intruder, was charged with a handgun violation."

A candidate questionnaire shows that Mr. Obama supported a ban on handguns in 1996. In 1998, he backed a ban on the sale of all semiautomatic guns (a ban that would encompass the vast majority of guns sold in the U.S.) In 2004, he advocated banning gun sales within five miles of a school or park (essentially a ban on all guns sold in almost all the states). Possibly, even more importantly, he served on the board of the Joyce Foundation, probably the largest private funder of anti-gun and pro-ban groups and research in the country.

The Obama campaign "flatly denied" the 1996 statement supporting a ban on handguns, blaming it instead on a staffer from his state senate race who they said had incorrectly filled out the candidate questionnaire. But the Politico obtained a copy of the statement and found Mr. Obama's own handwritten notes on it indicating that he had personally checked and corrected answers.

His newfound support for gun ownership raises serious questions; not only where he stands on the gun issue, but also how trustworthy he is. With new legal cases being filed against Chicago's gun ban over the last couple of weeks, will some reporter finally ask Mr. Obama why he has not only never spoken out against Chicago's ban, he actively supported it? The release of the new Democratic National Platform's discussion of "what [gun control] works in Chicago" implies Mr. Obama still supports Chicago's gun ban. The platform also wants to take away so-called "assault weapons." Also unclear is what his position means for who he would nominate to the Supreme Court. Mr. Obama's recent comments to Rick Warren, pastor of the evangelical Saddleback Church, showed he opposed nominating those members of the Supreme Court who voted that the Second Amendment is an individual right.

Mr. Obama doesn't even admit that he has changed his position on guns. In a July interview on "The NewsHour with Jim Lehrer," the senator admitted that there has been a "shift in emphasis" on various issues, but on guns he held firm: "There wasn't a shift there." Mr. Obama's campaign can ill afford the opposition that gun owners showed toward John Kerry. Yet, when did Mr. Kerry ever support a ban on handguns or all semi-automatic guns?

Source




Sarah Palin, a moose-hunting, lifetime NRA member guns for D.C.: "Like many Alaskans, Gov. Sarah Palin is a lifelong hunter and strong proponent of Second Amendment rights. A longtime member of the National Rifle Association, she told USA Today when she was running for governor as a Republican in 2006 that "We hunt as much as we can, and I'm proud to say our freezer is full of wild game we harvested here in Alaska." Her own parents had just returned from hunting caribou when they learned that she had been tapped as Sen. John McCain's running mate. Most Alaskans wouldn't bat an eye at such a lifestyle. (Palin's favorite food? "Moose stew after a day of snowmachining," she told Vogue.) .... Palin publicly applauded the Supreme Court's recent 5-4 ruling in District of Columbia vs. Heller that struck down the District's 32-year-old ban on handguns. Obama hedged, stating that he "always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through common-sense, effective safety measures." His supporters describe Obama's stance on guns as nuanced; opponents call it deliberately vague. Eugene Volokh, a legal commentator and UCLA law professor, described Palin's stance as "very mainstream, while Obama has been cagier."



Wyoming loses gun rights case in federal court : "A federal appeals court in Denver has ruled against Wyoming in a lawsuit over a state law that seeks to allow people convicted of misdemeanor domestic violence to regain their gun rights. A three-judge panel of the 10th U.S. Circuit Court of Appeals on Monday ruled that the procedure spelled out in Wyoming law fails to expunge the criminal record of people convicted of domestic violence. The ruling is a victory for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The agency had informed Wyoming that if it persisted in using the state law, that the federal government would no longer accept Wyoming concealed weapons permits as a substitute for instant background checks for gun purchases."



CA: Road rage defense: "The family of a San Diego policeman charged in the off-duty shooting of a woman and her 8-year-old son said Friday the officer and his wife were victims of road rage and called on authorities to drop the charges against him. White's wife, Jacquellyn -- herself a police dispatcher with the Carlsbad Police Department -- was with her husband when the traffic dispute and shooting took place. Speaking publicly for the first time, Jacquellyn White's two sisters and father told reporters they kept quiet because they thought justice would be served and were sure Rachel Silva would be found to be the aggressor and charged with assault with a deadly weapon.... She said Frank and Jacquellyn White were on their way to the grocery store when they were confronted by the 27-year-old allegedly drunken woman. Buckingham said the couple had reason to fear for their lives because Silva, according to the Oceanside police account of events of that night, cut off their car, chased them into a parking lot, screamed and cursed at them, revved her engine, "squealed" her tires, threatened them with her car and ultimately rammed into them. His family contends White identified himself as a police officer and ordered Silva to stop, to no avail, leaving him with no other choice than firing his gun in self-defense to protect himself and his wife. According to Buckingham, White didn't know Silva's son was in the car when he fired his weapon. The family suggested that District Attorney Bonnie Dumanis filed criminal charges against White for political reasons, in the wake of the public outcry over the shooting of Chargers linebacker Steve Foley by an off-duty Coronado police officer."



30 August, 2008

FL: girlfriend of car owner shoots thief: " A car owner, angry that his car was being burglarized for the second time in a month, confronted three men overnight outside a northwest Miami-Dade home. Danny Llerena got into a confrontation with the three burglars around 1:30 a.m. after he said he caught them taking stereo equipment out of his Dodge Charger. Llerena's girlfriend came outside with a gun to back him up. The owner of the home at on NW 172nd Terrace, Iliana Lopez, said, "When they came out they said they had a gun, they were firing, his girlfriend came out and started firing back." The girlfriend had run back inside the home to get her gun, which she has a concealed permit to carry. She rushed back to Llerena's defense, shooting and critically injuring one of the burglars. Police say that's when the three suspects jumped into their getaway car and drove away. Police say the getaway car was stolen in Opa-locka. An alert Miami-Dade officer spotted the car and pulled them over at 183rd and 47th avenue. Two suspects were arrested and the injured suspect was airlifted to Jackson Memorial Hospital. Police say charges are pending against the three burglars. Police said the woman, who acted in self-defense, is not likely to face any charge.



Seattle detective charged in South Dakota biker shooting: "A grand jury indicted a Seattle police detective and a Hells Angels member whom the detective shot and wounded in a bar fight at the Sturgis Motorcycle Rally in South Dakota. The detective, Ron Smith, 43, was charged with aggravated assault, perjury and carrying a concealed weapon without a permit. The Hells Angel, Joseph McGuire, 33, of Imperial Beach, Calif., was charged with aggravated assault, the Meade County state's attorney reported Thursday. The shooting happened about 1 a.m. Aug. 9 at the Loud American Roadhouse, a crowded bar in Sturgis. The detective, a member of the Iron Pigs motorcycle club, said several Hells Angels jumped him and that he fired in self-defense after being beaten. The South Dakota grand jury met Wednesday to hear from 10 more witnesses before the indictments were issued. It was the grand jury's second hearing since 25 witnesses, including Smith and other officers, appeared on Aug. 10. McGuire was shot twice, with one round striking his abdomen and another shattering his femur. He spent several days in intensive care after making the trip to the rally from the San Diego area. His brother said it was McGuire's first trip to Sturgis. Smith has been disciplined twice before for unprofessional behavior."





Pennsylvania: Alleged teen robber shot by Wal-Mart shopper: "Police say Joshua Eastman, 28, of East Stroudsburg was unloading groceries at his car shortly before 12:45 a.m. today when Reneau Jean Jacques [above], 17, of 77 Symphony Circle, East Stroudsburg, pointed a handgun at him and demanded that he hand over his money. Eastman looked around for help or someone to yell to. The alleged robber continued to demand money. Eastman replied that he did not have any money - that he used a debit card to pay for his purchases. Jacques became more threatening, pointing the gun and using a more menacing tone of voice. Eastman then took out his wallet and pushed the door of his truck more open to put it between himself and the suspect. Jacques pointed his gun at Eastman's face. Eastman dropped his wallet and started ducking down. Jacques fired a shot that went through the window of the door almost striking Eastman and causing flying glass from the car window to cut his face. Eastman pulled out a handgun he was carrying and fell to the ground. He returned fire under the truck's door with his pistol while the teen continued to fire his weapon. Eastman shot Jacques in the lower leg and foot. Then Eastman ran back toward the store as the teen fled towards Friendly's restaurant.... Jacques was taken to Pocono Medical Center for treatment. Police detained two other youths for questioning. They were in a car, trying to flee the scene, according to witnesses and police."



NJ Homeowner shoots intruder: "As the intruder attempted to make his way farther into the Ponce Inlet house, Kenneth Nunnelley -- a senior assistant attorney general -- feared for the lives of his wife and children and shot the stranger in the stomach, police said Wednesday. Nunnelley, the lead prosecutor in the Florida Supreme Court for death penalty appeal cases including local murderers Troy Victorino, Jerone Hunter and Anthony Joseph Farina, was armed with a 9 mm Smith & Wesson handgun when 43-year-old Roman Nowak pushed his way into the house. No one in Nunnelley's family was hurt, police said, but Nowak was listed in critical condition at Halifax Health Medical Center in Daytona Beach on Wednesday.... a police report shows the 50-year-old prosecutor for Attorney General Bill McCollum warned Nowak several times to leave his house, or he would shoot. It was about 10:30 p.m. Tuesday when Nunnelley, already in bed for the night, heard a knock at the front door of his house on Jennifer Circle. When Nunnelley looked through the peephole, he saw no one outside. Nunnelley told investigators he had his weapon at the ready just behind his right leg. At that moment, Nowak pushed the front door and made it inside the house. Again, Nunnelley ordered the stranger to leave, to no avail. He yelled for his wife, Cecilia Nunnelley, to call 9-1-1. He then shot Nowak, the report states."



29 August, 2008

OK home invader shot: "A Muskogee man was being treated Wednesday night at Muskogee Regional Medical Center for gunshot wounds he sustained during what appears to be a home invasion, police said. Anthony Irving, 36, was listed as stable, but his condition was not available, a hospital spokeswoman said. Police Lt. Bert Poole said the investigation so far shows that Bernard Harlin, 36, was in the house at 1420 Fremont St., when Irving entered the residence. Poole said Irving came into the residence carrying a gun, which discharged as he scuffled with Harlin. It went off again, striking Irving. Harlin then ran outside, yelling for a neighbor to call 911. District Attorney Larry Moore said the evidence so far in the case indicates the homeowner was defending himself against an intruder. Moore said he doesn't expect to file charges against the homeowner but will consider charges against the intruder. According to Oklahoma Department of Corrections records, Irving has prior convictions for drug possession and distribution of drugs. His last conviction in Muskogee County was in 2006, when he received a suspended sentence for possession of a controlled dangerous substance."



Crazy Canada. Intruder shot. Shooter charged: "Niagara police are investigating a deadly home invasion that left an intruder dead and a resident of the home charged with manslaughter. Police said four men entered a home on Carlton Street, between Lake and Geneva streets, around 2 p.m. Saturday. They held four people captive for a short time before Pedro Bello, 19, was shot and killed. He was discovered in the basement when police arrived after receiving a 911 call. A 22-year-old, who suffered minor injuries, has been charged with manslaughter. Three other men, ranging in age from 19 to 23, were caught in a vehicle after fleeing the scene. One neighbour, who did not want to be identified, said he saw men running from the home. "I walked out, two guys were running on the street with masks on." Yesterday, police said they were still investigating whether the 22-year-old resident was the target of the invasion. Three men are facing charges in connection with the home invasion. They are all from St. Catharines and charges include forcible confinement, robbery with a firearm and breaking and entering and committing an indictable offence."



Texan shot in break-in: "Sheriff's deputies in Bastrop are investigating a fatal shooting that happened Tuesday when a man fatally shot another man he says was trying to break into his residence on John Croft Road near the city of Bastrop. A dispatcher said that Dillian Wilhelm shot James Nauer, of Bastrop, around 1:30 a.m. Tuesday when Nauer reportedly entered his house with a club. Nauer was critically injured and taken to the University Medical Center at Brackenridge where he was pronounced dead, according to the sheriff's office. The Bastrop County sheriff's office and the district attorney's office are investigating the case to determine if charges will be filed, investigators said."



NV: Law may allow homeowners to shoot intruders: "There's a popular phrase that says 'A man's home is his castle.' One Valley lawmaker is trying to get a new law passed that goes even further to protect homes and homeowners' rights. It's called the Castle Doctrine, and it's been passed in more than a dozen states, but not without some controversy. The law would allow homeowners to use deadly force on a home intruder, with no regard to whether he or she's retreating. 'I keep a gun in my house. It's close at hand. My children are gone, so it's ready ... Not cocked, but it's ready,' said assemblyman Harry Mortenson, D-Nev."



28 August, 2008

Another case of police making up gun law as they go along

A hunter in Denver, Colorado walked into the hotel where Nancy Pelosi was staying with a rifle case. Secret Service freaks, evacuates the hotel, the guy gets arrested on weapons charges and has been released on $10,000 bond. The stories on this are here, here and here. So far. David has more as well. As does Bitter.

First, I want to fisk elements of these articles. Emphasis in all cases is mine. From the WTOP News article:

Secret Service spokesman Malcolm Wiley said 29-year-old Joseph Calanchini of Pinedale, Wyo., faces a charge of unlawful carrying of a weapon after police officers at the Grand Hyatt hotel noticed him carrying a rifle-type case while checking in. Calanchini did not have a concealed weapons permit, said Lance Clem, spokesman for the Colorado Department of Public Safety.

Wiley said authorities were not releasing information about whether the weapons were loaded because the case remained under investigation. Wiley said the charge is the same whether the weapons were loaded or unloaded.

Is a concealed weapon permit required in Colorado for the transport of any firearm in a case? If not, the charge should have never been brought. From the 9NEWS article:

He says he had just picked up his rifles from the Sportsman's Warehouse and had them in a locked gun case when he checked in at the Grand Hyatt. The clerk checking him in noticed the rifle case and called security.

Locked case. Answers the questions for the rifle(s).

Police say Calanchini had permits for the rifles, but did not have concealed permits to carry two pistols that were found in his luggage. Calanchini says he forgot they were in there.

Are permits required to own rifles in Wyoming? Otherwise, they are confusing a concealed permit with purchase paperwork. They are not the same thing. As to the pistols, unless Colorado state law and/or Denver local law required the owner to have a concealed permit for mere possession of the pistol off one's person, how have any laws been violated here?

Calanchini, who sells drilling tools across Colorado and Wyoming, says he is a frequent guest at the Grand Hyatt. But the Grand Hyatt General Manager says he was not a registered guest at the hotel. "We don't know why he was walking through our hotel," said General Manager Ed Bucholtz.

Because he was looking to check in and get a room probably, you nitwit! And lastly, from the Fox News article:

Secret Service spokesman Malcolm Wiley said 29-year-old Joseph Calanchini of Pinedale, Wyo., faces a charge of unlawful carrying of a weapon after police officers at the Grand Hyatt hotel noticed him carrying a rifle-type case while checking in. Calanchini did not have a concealed weapons permit, said Lance Clem, spokesman for the Colorado Department of Public Safety.

Wiley said authorities were not releasing information about whether the weapons were loaded because the case remained under investigation. Wiley said the charge is the same whether the weapons were loaded or unloaded.

Sure, the police don't have to release any information that might weaken their case and show they overreacted but it is perfectly acceptable for the Colorado Department of Public Safety to dig into Mr. Calanchini's background and release the results of that investigation when it doesn't or may not favor him. Double standard at work here?

Authorities were investigating a report that Calanchini was in town on business and had had the weapons worked upon to prepare for the trip.

How is the fact he had a gun worked on prior to the trip have any bearing on this situation? I believe it is an attempt by the media to ascribe a sinister tendency in the readers mind of having the gun worked on just prior to coming to the hotel. Neutral and objective, my ass.

You good and mad yet? No? Fine, let's make you mad. This is a wake-up call. This is not a Democratic vs. Republican issue. This is an authority issue and no gun owner is safe from it. Hunters, sportsman, you think you are safe in your gun ownership and usage? Think again. What follows is my own opinion. I am hoping readers in Colorado can help me correct any bad assumptions on my bad.

How did this man violate any laws? From where I am sitting, if all his guns were unloaded and no ammunition in the same cases, then he adhered to the law. Federal transport law, specifically. And if no permits are required in Denver and Colorado as a whole for the possession of those arms, then he should have never been arrested. All of his actions would have been protected under FOPA'86.

The fact that he was arrested indicates authority gone mad and that should terrify you. Yes, I understand the Secret Service is institutionally paranoid and given recent events, probably reacted sharply at the prospect of an armed man in the hotel. But upon questioning, it should have gone no further than a stern warning to behave.

If my transport assumptions are correct, the Colorado and/or local police are way out of line charging this guy with a concealed weapons charge. Concealed generally means "carried upon one's person". Pistols in luggage and rifles in cases is not concealed carry and any attempt to stretch that meaning to encompass it is a pure abuse of authority.

I am certain the Pelosi or the Democrats in the vicinity had a hand in this. I am sure if this had been any other week, the nosy clerk would have likely said nothing. Or maybe not. Maybe they hated guns and was alarmed at being in their mere presence? Who knows? There is still no excuse for their over-reaction to a benign situation.

The truly frightening part is they are going to destroy this man's life to make an example out of him for daring to have legally owned firearms where it made someone uncomfortable or near a government official who might feel that it is wrong. Generally, $10,000 bond means they are going to carry through on the charges. Otherwise, those in power will lose face by having made a mistake and heaven forbid the police or prosecutors make mistakes! Then they'll get sued. Oh no, better to prosecute him on a technical violation than to admit they were wrong and overreacted. And because they have the power, they can. And will.

And do you think this will be remembered by Nancy Pelosi next year the next time the prospect of a gun control bill comes up? I do. Maybe she'll think something needs to be done about these reckless hunters and their high-powered weapons.

I love this country but I am flat-out terrified at the chasm I see growing between those with authority that is supposedly granted to them by the People and the rest of us unable to challenge it. We've lost our ability to challenge it. If the government juggernaut chooses to come down on you, you lose. It will grind you up, wear you down until you whimper for mercy and then they'll either release you or imprison you. Either way, you'll be broken in spirit and never rise up again. We don't need gulags in this country to break you. Crossing someone in authority who feels you're too uppity for your own good will do the job just fine.

All we can do now as law-abiding citizens and would-be citizens is hope we aren't the ones they choose to come down on and hope we can live our lives and pursue our interests in peace.

That isn't freedom, folks. It is merely slavery without the chains. If the best we can hope for is that the master won't beat us and we get another day without pain, we are no longer free.

This must stop! We must organize, write letters and do everything in our power to pressure our legislatures to reign in these abuses of authority. To return to a time where the primary duty of a police officer is to maintain the peace, not engage in law-enforcement to the exclusion of all others and place themselves above us because of their profession. We're rapidly losing respect for such authority. Those authorities have forgotten that respect is earned, not bestowed. It cannot be forced upon the citizen by baton, pepper spray, taser, gun or the threat of arrest. All that does is widen the chasm. And yet, respect or not, they will persist in these actions unless something is done.

"With regard to firearms, the citizen acts at his peril.". I thought we only had to fear and avoid New Jersey. It seems those words have infected the country as whole and we seem powerless to stop it.

We must stop it. Otherwise, all I am working for to become a citizen of this nation will be for naught. I left Canada and gained freedom. I did not come all this way only to have shackles placed upon me and be told by those unelected authoritarians that I must behave or else. It is not their place to decide such things on a personal level.

We have to stop this. It is becoming too frequent, too close to home. The most frightening part of this is: "What if the usual methods fail? If this status quo remains? What then?!?".

Source (H/T Strange Justice)




Texas: Tattoo Parlor Owner Shoots, Kills Intruder: "A 27-year-old man who police said tried to torch a tattoo parlor on the city's near north side was shot and killed by the business owner early Tuesday. The Bexar County Medical Examiner's Office identified the deceased man as Rickey Davis Jr. Police said Shawn Deegan, the owner of Perfection Tattoo in the 3500 block of Blanco Road, woke up to sound of breaking glass at 2:30 a.m. Moments later, Davis tossed a Molotov cocktail, which crashed through the window, police said. Fearing for his life, Deegan opened fire on Davis with a shotgun, police said. Davis was struck once in the neck and died at the scene. Charges are not expected to be filed against Deegan, police said."



NY: Homeowner fires at robbers: "Gunfire broke out on a quiet block in West Hempstead, with a bullet boring a hole into a neighbor's toilet, police said. No one was shot, and the suspects, who were trying to rob the owner of a check-cashing business, fled empty-handed, police said. The firing began when two men confronted the victim outside his house on Oakford Street around 9:25 p.m. Monday, and the victim pulled a weapon from his waistband, police said. Panicked, one of the robbers began firing, police said. "The bottom line is, they didn't expect him to be carrying a weapon, and I think that's what initiated this confrontation," said Det. Sgt. Anthony Repalone, a police spokesman. The would-be robbery victim, 35, owns a check-cashing business in Astoria and is licensed to carry the Glock 9-mm pistol, police said. He appears to have been justified in firing to defend himself and he isn't expected to be criminally charged, police said. The armed robber fired his .45-caliber firearm three times, and the victim fired his Glock four times, police said. Jose D. Celis, 30, of Woodfield Road in West Hempstead, was arrested about 15 minutes after the shooting on nearby Elm Street, where plainclothes officers spotted him, police said. Detectives are still searching for the second attacker. In addition to attempted murder charges, Celis was to be arraigned yesterday at First District Court in Hempstead for attempted robbery, criminal use of a firearm and criminal possession of a weapon, police said."



27 August, 2008

OK: Man shot after arguing with woman : "Officers said a man and woman were fighting at Northeast 28th Street and Santa Fe Avenue when another man pulled up in a truck. The woman got into the truck, police said, but the man she was fighting with broke the back window and tried to pull her through it. That's when the truck's driver shot the man twice."



NY man escapes flurry of bullets but accidentally shoots himself: "A man escaped a flurry of shots fired at him in a drive-by shooting, but when he tried to return fire, he accidentally shot himself, The Buffalo News learned today. The man was in the 100 block of Hagen Street, in the Bailey-Delavan neighborhood, at about 12:30 a.m. Wednesday when a burgundy vehicle pulled up to him and a gunman inside fired shots at him, according to Northeast District Police. The man, whose identity is being withheld by The News for his protection, told detectives that he attempted to return fire and suffered a self-inflicted gunshot wound. No charges have been filed against the man nor has the gunman who fired from the vehicle been located. The man was treated in Erie County Medical Center and released."



California gun control: "Gun control laws frequently require the use of technology by law enforcement, as well as placing requirements on manufacturers and, ultimately, the consumer. Are these effective? Since I live in California I will focus on local laws, the #1 state for the Brady Campaign. Registration - Many states, including California, require gun registration, most often just for handguns. There are several problems with registration. Who must register? Who maintains the records? How to handle private sales or transfers? How to handle lost/stolen weapons? The main problem is the thousands of hours of administrative burden. And what are the real benefits? Professor John Lott found that in Chicago and Washington D.C., there have been no crimes where tracing a gun back to the registered owner was instrumental in identifying someone involved in a crime. ("Gun Licensing Leads to Increased Crime, Lost Lives", L.A. Times, Aug 23, 2000). And there is always the question if the lists of gun registrations could be used later for confiscation. If you do not think guns will be seized from lawful gun owners without just cause, just look at the fiasco in New Orleans after Hurricane Katrina. [Much more at the link]



WA: Seattle holds off on gun restrictions : "As summer began, Seattle Mayor Greg Nickels said he was taking steps to prohibit guns on all city-owned property after three people were injured in a shooting at Seattle Center's Northwest Folklife festival. But as the Center's summer festival season concludes with Bumbershoot this weekend, no prohibition has taken effect. . In the state Legislature, representatives and senators have asked state Attorney General Rob McKenna to issue an informal legal opinion on whether state law pre-empts Nickels' executive order. . Also, the Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms, both based in Bellevue, have notified Nickels they intend to mount a legal challenge to the executive order."



26 August, 2008

OK man killed in shooting: "An Alderson man is dead following a shooting on Friday. Deputies responded to a shooting call on Friday morning in the High Hill-Bache area, said Pittsburg County Sheriff's Investigator Jeremy Webb. The deputies found James Lee Short, 30, dead when they arrived at a residence at the scene, apparently having died from a gunshot wound, Webb said. "Evidence and witness statements indicate Short had made a forced entry into the residence," Webb said. No arrests have been made and the shooting is still under investigation, Webb said late Friday afternoon. "The investigation currently suggests that the death resulted as an act of self defense," Webb said."



CA: No charges to be filed in shooting of bear at Lake Tahoe: "A 59-year-old California man has been cleared of any criminal wrongdoing in the shooting of a bear last month at Lake Tahoe. El Dorado County Chief Assistant District Attorney William Clark says they reviewed the case and decided not to file any charges against Danny Lukins of South Lake Tahoe. The state Department of Fish and Game submitted a complaint to the district attorney after the shooting on 31st. Lukins says he shot the bear once in self defense when it started charging at him. Clark says Lukins immediately called 911 and reported the incident. He says Lukins told them the bear was about 28 yards away when he shot it. He says there was no proof beyond a reasonable doubt that he was lying."



GA: University gun bans in sights of pro-carry effort : "Legislators looking to expand where Georgians can carry guns may take aim at university campuses.Carry a gun on or within 1,000 feet of any campus now and you could be charged with a felony, spend up to 10 years in prison and pay as much as $10,000 in fines.But a panel of lawmakers conducting a wholesale review of Georgia's gun laws soon will solicit opinions on removing or altering the ban.State Sen. Mitch Seabaugh, R-Sharpsburg, who chairs the Senate Firearms Committee, sees nothing wrong with allowing a licensed gun owner to visit a college campus while carrying a concealed weapon. Students should be allowed to stow hunting rifles in their cars parked on campus, Seabaugh said."



FL: Taking back the streets : "Leaders of a crime-plagued neighborhood near downtown are tired of talk and task forces. Instead, they're taking up arms and preparing to become a `lock and loaded' community.Members of the Royal Poinciana Civic Association say they want to start working with a Texas-based gun-rights organization and a local weapons-training academy to verse residents on gun laws and self-protection. .After the meeting, Royal Poinciana leaders said they're moving ahead with plans to become an armed community. .A number of residents have already signed up for courses at . a weapons shop and training center. The group has also been in contact with the Texas-based Second Amendment Sisters to teach them about gun laws."



25 August, 2008

Gun Rights on Trial

A homeowner suddenly confronted by a knife-wielding intruder reaches desperately for a handgun with which to defend himself. But the firearm lies disassembled and unloaded in a drawer, useless. Before the homeowner can reassemble and load his pistol, and confront his attacker, the assailant strikes, and strikes again - with fatal results.

The real cause of the homeowner's death in this scenario? That he had the misfortune to reside in the District of Columbia. For besides banning most semiautomatic pistols (the type of firearm that most knowledgeable Americans prefer for personal self-defense), the District requires that all registered handguns possessed by its civilian residents remain unloaded and either disassembled or fitted with a trigger lock unless there is a "reasonably perceived threat of immediate harm to the person."

Precisely how, except as a club, is an individual supposed to use a handgun that is unloaded and disassembled or trigger-locked to protect himself from immediate harm? The District leaves that to speculation. But the District's attorney general has explained that "we are trying to balance the right to have a handgun for use of self-defense in the home, with protecting our citizens."

One might have thought that having "a handgun for use of self-defense in the home," fully loaded and ready to fire at a moment's notice, is one very good way of "protecting our citizens." Apparently the District's officials imagine otherwise, and they intend to enforce their fantasies on the city's crime-plagued residents, even if the consequence is those citizens' otherwise preventable deaths or severe bodily injuries at the hands of homicidal criminals.

To be clear, the above scenario pertains to what could happen in Washington, D.C., today . or tomorrow. Amazingly, this is the selfsame District of Columbia that on June 26 lost the landmark Second-Amendment case District of Columbia v. Heller in the U.S. Supreme Court. But perhaps not so surprisingly, after all. Though Heller struck down the then-existing D.C. prohibition against handguns, it also allowed for the regulation of guns. D.C.'s post-Heller regulations still make it virtually impossible for a law-abiding citizen to have a gun ready for immediate self-defense in his home, and Dick Heller - the named party in District of Columbia v. Heller - and two other plaintiffs have already filed a complaint to this effect in U.S. District Court.

Could Heller allow gun regulation to the point that the regulation could become a prohibition for all practical purposes? What effect will it have, if any, on existing or future gun laws in other jurisdictions throughout the country?

Exactly what Heller means seems to be an open question. "Anti-gun politicians can no longer deny that the Second Amendment guarantees a fundamental right," exults the National Rifle Association's chief lobbyist, Chris Cox. Nonetheless, Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, promises that "our campaign to enact sensible gun laws will be undiminished by the Supreme Court's decision in the Heller case." And the National Association for Gun Rights warns that Heller "is far from a victory for gun owners. It is already being used successfully to infringe upon the rights of gun owners across the country."

Certainly Heller did not hit what patriots hoped would be its target: a thoroughgoing and correct construction of the Second Amendment

Much more here




Mississippi: Car Burglar Shot by Owner: "A 22-year-old man will face burglary charges once he is released from a Jackson hospital. Police say Mario Lampkin was shot in the leg by the owner of a car who claimed Lampkin was breaking into the vehicle. After he was shot, Lampkin walked to the Baptist Medical Center. The shooting happened just before 6 a.m. today at an apartment complex in the 1300 block of N. Jefferson St. The car owner was questioned and released. That person has not been charged. Two other cars at the apartment complex also had been burglarized. Police say they suspect Lampkin may be responsible for those, too."



Idaho man arrested after handgun standoff: "A 37-year-old Boise man is being held in the Ada County Jail on a felony aggravated assault charge after a handgun standoff late Wednesday night on Table Rock. Damon Glenn Smith was also charged with felony DUI and misdemeanor resisting arrest after the incident, which occurred at 11:48 p.m. Wednesday on top of the Table Rock mesa, a popular sightseeing spot overlooking Boise. Witnesses told police the trouble started when a car passed Smith's truck as both vehicles were on the way up to the top of Table Rock. Witnesses said when Smith got to the top of the mesa, by the giant fluorescent cross which overlooks the city, he got out of his truck and pulled out a handgun, first threatening the driver of the other car, and then pointing it at other people on top of the mesa and threatening them. At that point, witnesses said the driver of the car Smith first threatened pulled out a 9 mm handgun, pointed it at Smith, and told him he was going to disarm him. That man then took the handgun from Smith and determined it was fake. Witnesses told police Smith got into his truck and tried to drive away but was stopped by police, who were responding to a 911 call about the fight. Smith, who appeared visibly intoxicated had a hard time standing and failed field sobriety tests, according to police reports. When officers went to take him into custody, Smith resisted arrest and had to be physically restrained, Boise Police spokesman Charles McClure said. The other man involved in the confrontation displayed his handgun legally and police determined he was fully within his rights to defend himself at the time, McClure said."



24 August, 2008

Rochester man who claimed self-defense cleared in shooting death: "A grand jury has cleared a Rochester man who claimed self-defense in the shooting death of a friend last month. Monroe County grand jurors on Tuesday refused to indict Edel Gonzalez, 24, who had been charged with second-degree murder in the slaying of Omar Luna, 30, on July 27. Luna was shot outside his apartment at 448 N. Clinton Ave. Gonzalez has been released from County Jail, where he had been held since he turned himself in to police three days after the shooting. His lawyer, Thomas J. Cocuzzi, said Gonzalez shot Luna in self-defense. Luna was arguing and fighting with another friend, who dropped a gun, Cocuzzi said. When Gonzalez picked up the gun and Luna lunged at him with a knife, Gonzalez shot Luna in the head. "It was a very thorough and exhausting examination by the grand jury," he said. "Mr. Gonzalez's claim of self-defense was verified by an independent police investigation."



Georgia shooting death justified: "On Tuesday, August 12, the Morgan County Grand Jury ruled not to indict Stan Schroeder, 33, of Buckhead, on charges of voluntary manslaughter or involuntary manslaughter (both felony and misdemeanor grade). By voting "no bill," the jury indicated they believed the March 6, 2008 shooting death of 37-year-old Greensboro resident Eloy Escobido to be self-defense. Bright said the shooting death of Escobido occurred on March 6 at Schroeder's Blue Springs Court residence. Schroeder's home is also the headquarters of his home-based concrete business, Concrete Constructors, Incorporated. Escobido was a subcontracted laborer who had worked with Schroeder for seven years and was paid by the job. According to Bright, Schroeder alleged that on the day of the incident, Escobido called him at his home at 6:20 a.m. asking to be paid for a job he had recently completed on a concrete wall. Schroeder was not satisfied by the job and requested that Escobido go back and finish the wall before he would be paid. According to Schroeder, Escobido then threatened him saying, "You gonna pay me or I'm gonna do something I don't wanna do." Schroeder then alleged that when he went outside to put his lunch in his truck before leaving for a job site, Escobido drove up. Once Escobido got out of his truck, he and Schroeder began to argue more about their business dealings. Schroeder then alleged that Escobido shouted "Pay me, yes or no" and pulled out a gray and black silver-handled folding pocket knife and began slashing at him with his right hand while holding onto his turtleneck shirt at his throat. At some point during the altercation, Audrey, who was watching through a window, came out into the yard with the gun, a black and silver Taurus 45-caliber semi-automatic pistol. Schroeder alleged that he kicked Escobido in the groin and retrieved the gun from his wife. At that time, Escobido turned to run and Schroeder shot once, hitting Escobido in the back and killing him. Schroeder alleged in court that he had aimed for Escobido's legs."



Media bias: "On Thursday's "Good Morning America," the ABC morning show provided a detailed account of an 85-year old great grandmother who thwarted a burglar by pulling a gun on him and then kept the criminal at bay while waiting for police. CBS's "Early Show," however, has thus far ignored the story. On NBC, "Today" provided a scant 15 second news brief on Wednesday. GMA co-host Robin Roberts appeared impressed with Pennsylvania resident Leda Smith. She interviewed the grandmother and listened as the senior citizen recounted arriving home to find someone inside her house: "...I had my gun under a cushion on a chair. I picked up the gun. I turned around and I snapped it shut and I cocked it and when I did that, he turned around and his eyes were kind of big and he said, 'I didn't do it! I didn't do it!'" Generally, the three network morning shows have shown an aversion to positive gun news. In late June, when the Supreme Court historically declared that the Second Amendment is an individual right, "Good Morning America," "Today" and "The Early Show" devoted a combined three minutes and 33 seconds of coverage. Back on June 27, the day after the decision came down, "Early Show," which skipped any reporting of the armed grandmother, featured a mere 30 seconds on the Supreme Court's ruling, a total that came nowhere near the four minutes they used to discuss how to Feng Shui your house for pets."



There is an argument here that revolvers have some advantages over pistols.



23 August, 2008

Texas store owner fatally shoots robber: "Confronted with a pistol and bound with duct tape, the owner of a northwest Harris County store decided not to quietly submit and hope his attacker would show mercy. The businessman worked himself free, got his own gun and killed the robber in a shootout, sheriff's deputies said. The incident happened about 1:30 p.m. Wednesday when a man walked into the cellular phone store in the 12000 block of Veterans Memorial Drive near Antoine, pulled out a gun and tied up the owner, sheriff's detectives said. "He (the robber) was in the process of trying to disable the surveillance equipment when the owner was able to free himself,'' said Sgt. Ben Beall. The owner grabbed his own pistol and opened fire. The robber did the same, but was fatally wounded. "The owner is fine. He was not injured,'' Beall said. Investigators are trying to determine whether the dead man is the same person who held up a number of other cell phone stores in the area recently, Beall said."



Pennsylvania road rager shot: "We were driving to nearby Hanover to visit my mother when we came across what looked like a rear-end traffic accident. Instead, a man, Douglas Need, had been driving recklessly when he swerved in front of a car and was hit in the rear. In a fit of road rage, he stormed out of his car, went back to two young women and a baby in the car that hit his, reached through the driver's window and started beating the driver very violently. She was able to break free and drive her car to the only place she could go -- the parking lot next to the street. Need ran back to his car, squealed his tires into the parking lot and looked as though he was going to broadside the women's car with them still inside. At the last moment, he swerved his car around and blocked hers from going anywhere. I pulled into the parking lot, got out of the car and yelled at Need to leave the women alone while Need's passenger was in the parking lot. My gun was still holstered by my side. The woman got out of her car and escaped into the store. He followed but only moments later exited the store back into the parking lot. Both Need and the man with him were uncontrollably enraged and seemed deranged past the point of caring who they hurt. As they continued to threaten that they had guns and were going to kill people, for some unknown reason Need ran to the driver's side door of my car and started pounding on the window, shouting at my fiancee who was inside the car with the engine running. Fearing that Maria's life was in danger because of his previous death threats, that's when I drew my weapon. I ordered Need to step away from my car, which he did. He then returned to the center of the parking lot, according to witnesses, and continued with threats and deranged behavior. I went to my car and stood at the driver's side door. Need turned back to me and started coming at me with his arms waving and shouting "just shoot me." I ordered him to stay back, but he kept coming. Then, when he was about four or five feet from me, he put his hand into his pants pocket, and that is when I fired my first shot into his left thigh. It didn't stop him from coming at me. He grabbed my shirt, ripped off the top button and grabbed my right arm. That's when I shot him the second time point-blank into his thigh. I was told later that the bullets had severed his femoral artery and he had bled to death at York Hospital. I was truly sorry he died, but knew I had made the right decisions."



OBAMA ON GUNS: "Just how does The Chosen One feel about the 2nd Amendment? After the Supreme Court ruled on the DC gun ban Obama was somewhat trapped. His previous position in favor of the ban was inoperative, so he had to come up with a new position. So ... what would that be? The Big BO's position on guns is that nobody in this country should be allowed to carry a concealed weapon unless they are retired law enforcement officers or members of the U.S. military. We could phrase this another way: Nobody can carry a concealed weapon unless they work for the government as a member of the U.S. military or civilian law enforcement, or used to work for the government as a police officer. This is Obama, folks. Privileges for government and those who work for government ... but for the common man, not so much. Ahhhhh"



A video here about the Dillion M134 Gatling Gun... "The world's fastest firing gun is now lightweight, reliable, versatile and lethal"



22 August, 2008

Texas: Apparent intruder fatally shot: "A case in which a southwest Harris County apartment dweller shot and killed a neighbor after an argument will be referred to a grand jury, the Harris County Sheriff's Office announced today. The pair were involved in an argument in the parking lot of the Sierra Pines Apartments at about 6:30 p.m. Tuesday, deputies reported. One man retreated to his apartment, in the 6400 block of Sierra Blanca near Alief Clodine, but the other forced his way in, deputies were told. The man who had retreated pulled a pistol and shot the other man."



Virginia: Two shot in argument: "They used to live together as boyfriend and girlfriend. But early Wednesday morning, it appears a Suffolk man tried to force his way into his ex-girlfriend's apartment. Both ended up shot. They remain hospitalized in serious condition, city spokeswoman Debbie George said. Police responded at 4:28 a.m. when a young girl called to say a man broke into her home and her mother had been shot. When they arrived at the Hardy Court apartment, they found Juanita Everett, 33, lying in the roadway and suffering from two gunshot wounds. Aubrey L. McQueen, the man police say forced into the residence, was found inside with one gunshot wound. Four children, who range in age from 10 to 15, were found unharmed inside the residence. McQueen, 30, was flown to Sentara Norfolk General Hospital with injuries that were initially described as life-threatening. Everett was taken by ambulance to Sentara Norfolk General Hospital. Police believe McQueen is Everett's former boyfriend. He has not lived there since last month, when police took out warrants for him in connection with a staged 7-Eleven robbery. He's wanted for two counts of embezzlement and one count of forgery and uttering. Last month, police say a 7-Eleven employee staged her own robbery with the help of McQueen." [The intruder later died]



Louisiana: Neighbors blame store rather than robbers: "On Sunday, around 10:30 p.m., New Orleans Police Department officers say two hooded men robbed an employee of the Soprano's Meat Market at gun point at 2703 Ursulines Avenue. Store owner and brother of the employee, Rick Abraham, says surveillance video captured the entire incident. "They robbed him, beat him with the gun, threw him on the floor, and demanded the money," he said. But Abraham says his brother was only carrying $50, and so when the robbers demanded more, his brother pulled out his own gun to defend himself. "What happened wasn't just some gunfight; it was a matter of life and death situation." But on Tuesday night, a handful residents showed up to the First District police station, arguing otherwise. During the New Orleans Neighborhood and Police Anti-Crime Council Meeting (NONPAC), residents argued that the store employee should not have continued to shoot at the robbers, especially if the two men were fleeing the scene. "What we don't understand is how it's possible that a business owner feels it's the safe and right thing to do to chase a robber down a full city block shooting in a residential neighborhood," said Kate Parker, President of the Faubourg St. John Neighborhood Association. While surveillance video does not show the store employee running after the robbers, neighbors say the gunfire did result in at least one bullet entering a home down the block. NOPD officers also found several other bullet casings in nearby vehicles. During the NONPAC meeting, officers told residents the store employee, legally, did nothing wrong. New Orleans police Sgt. Cyril Davillier said the man did not have a concealed weapons permit, but said so long as a person is carrying a gun from their work to their vehicle, or from their home to their vehicle, they do not need one."



California: Would-be robber flees store after employee shoots him: "A man was shot Tuesday morning as he tried to rob a Coachella convenience store, according to the Riverside County Sheriff's Department. The man entered the Y and M Market in the 1500 block of Second Street about 10:40 a.m. and brandished a handgun. Gunfire was exchanged between the suspect and a store employee and the suspect was shot, according to the sheriff's department. The suspect fled the scene in a vehicle with a woman. They did not get away with any money. No one in the store was injured. The man is described as a Hispanic male in his 20s with a thin build. He wore dark clothing and a fedora-type hat. The woman is described as a heavyset Hispanic adult with dark hair."



21 August, 2008

WI: What a feisty lady!: "For the record, Sheriff Jim Kowalczyk doesn't recommend what 18-year-old convenience store clerk Ashley Salmonson did Friday night. Still, her actions interfering with a would-be armed robber led to an arrest after an unsuccessful armed robbery. Now Mitchell T. Larson, 19, is in custody, held on $30,000 cash bail and facing possible charges of armed robbery, endangering safety by use of a deadly weapon, and criminal damage to property. Larson is accused of entering the Wissota Express store at 17255 County X at about 9 p.m. Friday, wearing dark clothing and a ski mask and carrying a rifle. He is alleged to have pointed the rifle at a clerk, identified in court as Salmonson, and demanded money. He then fired a round into a display of soda, according to Assistant District Attorney Wade Newell, because Salmonson, who was stocking a cooler at the time, wasn't moving fast enough for him. Salmonson gave him a bag of money, but as he started to leave, she confronted him by the door. A struggled ensued. Sheriff Jim Kowalczyk said Monday that the struggle continued outside, all the way over to the edge of a wooded area by the store. In the process, she got the man's mask off, and later identified Larson from a high school yearbook photo. She also got the gun away from him, and he dropped the money. Salmonson retrieved the money and the man picked up the rifle and fled. Salmonson then called law enforcement and Larson was later arrested at his home at 8154 193rd St. without incident."



GA: Road-rage death of Iraq veteran ends in mistrial: "A Fulton County superior court jury couldn't decide if an Atlanta man accused of fatally shooting an Iraq War veteran three years ago during a traffic argument was guilty. The case against 27-year-old Charles Anthony Key ended Tuesday in a mistrial. Key is accused of shooting Jack Snook, 24, in 2005 as the two drivers engaged in an argument at a Midtown red light. While a defense attorney characterized Key's actions as self defense from road rage, prosecutors sought involuntary manslaughter and aggravated assault against the father of two. Snook, a U.S. Marine, had returned from duty in Iraq three months before the shooting. Key was released, following the jury's decision. Key's attorney, Dennis Scheib, said he wasn't surprised by the outcome. "I didn't think they'd find him guilty," Scheib said. "The DA didn't prove their case." On the two counts Key faced, the jurors voted 9-3 that he was not guilt for the involuntary manslaughter charge, and were split 6-6 over the aggravated assault charge, court officials said."



Dubious murder charge in Wisconsin: "Sixty-two-year-old Francis Reeves is charged with murder. It started at the Reeves' family lake house Friday night. Investigators say Reeves' son was hosting a party. They say a fight erupted between Reeves' daughter's boyfriend and Deshaun -- possibly over a cell phone. Reeves said he got a call that his daughter got knocked out and suffered a black eye. In court, Reeves' lawyer said his client went to the house and when he got there a group of about a dozen teenagers grabbed his son. Officers say Reeves fired a handgun and hit Deshaun in the stomach. Reeves' lawyer, Dick Harpootlian, says it was self-defense. "This was on his property -- his one child was knocked out, the other was being beat up -- he had a right to get in self-defense," Harpootlian said."



MI: 75 open carriers have nice picnic in Michigan public park : ""They came, they saw, they carried - and they didn't cause any problems.Members of OpenCarry.org peacefully set up shop Saturday at Veterans Memorial Park in Warren to prove a point about the Second Amendment and Michigan's gun laws.About 75 gun enthusiasts strolled through the park throughout the afternoon with sidearms strapped to their belts in plain view. The goal was to underscore that Michigan is among 44 states where it's legal to carry a gun in public without a permit, as long as it was legally purchased and registered."



20 August, 2008

Pennsylvania: Elderly Woman Grabs Gun, Holds Would-Be Burglar At Bay: "An 85-year-old great-grandmother from Lake Lynn, Fayette County kept an alleged burglar at bay using a .22-caliber pistol. According to police, a 17-year-old suspect was attempting to burglarize Leda Smith overnight. That's when Smith grabbed her gun and told the teen that she would shoot him if he moved, police said. "I had the gun on him before he turned around and said, 'you've had it,' " Smith told Channel 11-News. According to police, Smith ordered the boy to dial 911 and then gave him some advice. "Dial 911 and don't attempt to throw the phone at me, or do anything bad or i'll just shoot you," Smith said. When police arrived, they took the teen into custody. Charges have been filed against the boy and an alleged accomplice."



Indianapolis: 2 Shot In Apparent Apartment Break-In: "Two people were shot in a home break-in early Monday morning at an apartment complex on Indianapolis' east side. Indianapolis Metro police were called to 42nd Street and Post Road just after 1 a.m. Police said they found two men had been shot. One was believed to be a resident of the apartment complex and the other was possibly an intruder, officers said. The resident was struck in the head and the other man was hit in the chest. Their injuries were believed to be serious but not life-threatening. "There was possibly a break-in through the rear of the house," said IMPD Detective Kevin Duley. "Two occupants were in the apartment at the time of the break-in." Police said they think the two men traded shots. The other resident who was not hurt was questioned as police hoped to determine if any other people were involved."



Vermont man shoots axe-wielder: "Kyle Bolaski, 24, told police he thought he was the one who was going to be killed. Bolaski says that's why he pulled out a high-powered rifle from his truck and fatally shot Vincent Tamburello, 32. The shooting happened at a ball field in Chester Sunday. According to court documents, the victim was armed with an axe, and went to the field looking to settle a score from a day earlier-- Tamburello had gotten into a fight with one of Bolaski's friends. Court papers say that when Tamburello showed up a the field, Bolaski and several other people confronted him. Police say Tamburello began to chase Bolaski with the axe. "He is able to get a gun out of the truck, and he is pleading with the decedent to stay away. There is one shot fired," Bolaski's lawyer Kevin Griffin said. Papers state that Bolaski hit the victim in the leg with that bullet. Prosecutors say that shot was justified because there was "adequate provocation." But Sand says that after the victim was hit once, Bolaski did not need to fire a second shot. Bolaski also faces an aggravated assault charge because papers state he hit the victim in the face with the butt end of his gun after the second shot was fired"



Pro-gun group to lobby CU regents: " A student group will try to persuade the University of Colorado regents this week to loosen the school's gun-control rules and allow those with handgun permits to pack heat on campus. The Colorado Springs chapter of the Students for Concealed Carry on Campus argues that gun-free zones on college campuses translate into a ban on self-defense. The group's petition argues: "Gun-free zones have proven ineffective. Criminals do not respect gun-free zones any more than they respect human life. Gun-free zones only disarm victims." The group is making its pitch to the regents as colleges across the country grapple with how best to increase campus safety following deadly shootings at Virginia Tech and Northern Illinois University. A proposed change to the university law surrounding firearms could pick up some traction on the conservative-heavy CU board, if one of the regents decides to take it up as an issue."



19 August, 2008

Encouraging News: Secret Service Doesn't Know Much About Bullets, May Have Jeopardized Case Against Assassination Suspect

The Secret Service agents that arrested Raymond Hunter Geisel claimed in their affidavit that 40 rounds (two boxes) of Black Talon bullets recovered from Geisel's vehicle are "armor-piercing," a claim that is categorically false.

Armor-piercing bullets have almost no legitimate use outside of shooting people wearing body armor. It is for this reason that it has been illegal to manufacture, import, transfer, or deliver armor-piercing ammunition in the United States since 1986, according to Title 18, U.S. Code Section 922.

The coating on Black Talon ammunition is merely an oxide designed to help minimize barrel fouling-it doesn't give bullets the ability to penetrate armor. The Black Talon cartridge uses industry standard velocities and hollowpoint bullets with an oxide finish. Hollowpoints are actually more likely to be stopped by body armor than most other bullet designs because of their increased surface area of the bullet shape. All ammunition recovered from Geisel's possession were types consistent with use in the shooting portion of the bail-bondsman class in which Geisel made threats.

Falsely claiming that Geisel's bullets are armor-piercing in information released to the media could be argued by an enterprising defense attorney as an intent to prejudice the case against Geisel by suggesting nefarious intent, when none could or should have been inferred by the incorrect description of the bullet type alone.

It's rather sad that one of our nation's most elite law enforcement agencies bought into an ignorant fantasy of magical coatings creating armor-piercing "cop killer" bullets, an illusion manufactured by the media and anti-gun groups more than a decade ago. It's worse that such ignorance might be used in the defense of a man who is accused of threatening political assassinations.

Source




California Woman, 93, Misfires At Burglar: "A 93-year-old Hemet woman shot at an intruder who entered her home, but she missed and the bullet went through a window and over a neighbor's home, Hemet police said Friday. The woman shot at the intruder who entered her home in the 300 block of South Street shortly before 11 p.m. Thursday, Lt. Duane Wisehart said. She called police and they surrounded the home until she came out without the weapon, Wisehart said. The woman told police she heard someone in her home and armed herself with a pistol, then shot at the intruder as the man walked down her hall toward her. The bullet went through a kitchen window of the small, two-bedroom home, through a shade structure and over a house next door, Wisehart said. The intruder took some pieces of jewelry and a watch, Wisehart said. The woman will not be facing charges, Wisehart said."



Kentucky girl, 15, hospitalized after pit bull attack: "A 15-year-old girl was attacked by a friend's pit bull last weekend in Fairdale. The girl, whose name was not released, was hospitalized with multiple bite wounds. Her current condition was not available, said Officer Phil Russell, a spokesman for Louisville Metro Police. The incident happened Sunday as the girl visited a friend in the 10000 block of National Turnpike. The dog began biting the girl inside the house then chased her outside. A passer-by stopped to help the girl, Russell said. The man shot and killed the dog, he said. Jackie Gulbe, a spokeswoman for Metro Animal Services, said the owner of the dog was cited for having a dangerous dog and not having the dog properly restrained. Normally, someone cited for having a dangerous dog would be required to register the pet as such, which costs $500 each year in licensing fees. Gulbe said that the city will pursue the owner in criminal court since the dog is dead."



Democratic Party takes aim at gun rights: "The draft 2008 Democratic platform promises to reinstate the assault weapons ban, even though it did absolutely nothing to reduce violent crime. Sixty-seven Democratic congresspersons sponsor H.R. 1022, Assault Weapons Ban, that gives our attorney general the authority to ban any semiautomatic rifle or shotgun that has been used by the military or federal law enforcement agency. That includes such popular firearms as the Remington model 1100 shotgun, perhaps 4 million in use. That's the Democratic Party position, but what about its major candidate? Barack Obama was a director of the Joyce Foundation, the primary benefactor of the Violence Policy Center whose goal is to ban handguns and assault weapons like the "deadly" Remington model 1100, (sarcasm intended). Until Obama promises to veto every bill like H.R. 1022 that infringes upon the natural, inherent, inalienable right of law-abiding citizens to keep and bear arms for self-defense, he remains a powerful threat to me and my friends who fight for all rights enumerated and un-enumerated that are protected by our Constitution."



18 August, 2008

Florida: 2 Dead In Game Store Shooting : "A gun battle erupted in a store at a shopping mall in Miami Gardens that left two people dead and shoppers running for cover. The Miami-Dade Police Department said three men entered the MultiVest Xtreme Video Games store on 183rd Street and Northwest Seventh Ave. Shortly after, a gun battle erupted between the manager, Corey Robinson, and one of the men, police said. Police said both the manager and one of the men had a weapon. Both men died at the scene, police said. “The manager managed to shoot one of the subjects, who is now deceased, inside, and the manager was also shot,” Bobby Williams of the Miami-Dade Police Department said... Police said the other two men fled the scene. One left on foot; the other in a car. Police said they are investigating the scene and looking for the other men."



North Dakota Shooting Called Self-Defense: "Who did it? That is cut and dry for Minot police, which is not typical in a shooting case. Minot Police were called to this RV park just after 10:00 last night, August 14, for reports of gun shots fired. When they arrived they found 42-year old Jonnie Guerrero with three gunshots wounds to his leg. Shortly thereafter they also found a female and two males sitting outside a nearby trailer. "The female had a gun in her possession and she admitted to using it on the victim who we had found," says Detective Jason Sundbakken, Minot Police Department. Police say the group had been sitting outside when Guerrero approached them and started causing problems leading to a fight that eventually turned physical. "The altercation blossomed into the gun shot victim brining a large metal pipe of some kind, allegedly, and swinging it at this lady`s husband. She was in fear of his life and therefore she took the gun she had in her pocket out and fired four rounds," says Det. Sundbakken. The gun was a .22 caliber derringer pistol. It had been given to her by her husband for safety. It holds two shots. She fired four. She shot twice, reloaded and shot two more times. "Due to the fact that she was acting in a way that was in self-defense of her husband and everybody else that was there, they are deciding not to pursue charges against her," says Det. Sundbakken."



Missouri Family Fights Back In Home Invasion: "A family fought back against a group of armed intruders that broke into a Kansas City, Kan., home early Friday morning, police said. Police received a 911 call from a house near North 74th Court and Oakland Avenue just after midnight. A man who lives in the house said when the men burst into the house, his son was able to escape and get help while he and his brother were held at gunpoint. "These guys had us in there for about 20 minutes. One of them came outside and tried to get in my Escalade. When that guy went outside, my brother, who was here with me, jumped up and grabbed the gun from him. I went downstairs and grabbed my gun, and the shootout was on after that," the man said. Two of the alleged intruders were wounded in the shooting. Police took three of the four suspected home invaders into custody. The homeowner said he thinks these were the same men who broke into his home days earlier."



Virginia homeowner holds gun on man until police arrive: "An Ivor resident who returned home early one day last week was able to help police apprehend a man who had broken into at least two homes along Holloman Drive. When he got home last Tuesday and found a man ransacking his house, the burglary victim grabbed a shotgun, confronted the man and held him at bay until police could arrive on the scene. When they got there, they found that the man, 35-year-old Christopher Michael Hosking, who is listed as “homeless” in court records, was in possession of a handgun that had been stolen from another house nearby, along with cash that had been taken from the second victim’s home, according to Detective Cpl. Richard Morris of the Southampton Sheriff’s Office. Hosking was charged with breaking and entering, grand larceny, possession of a firearm by a convicted felon and first-offense possession of marijuana, a misdemeanor. Morris said the man also has criminal charges pending in South Carolina"



17 August, 2008

Philadelphia store owner with shotgun thwarts would-be robber: "A gunman did not get the cash he demanded when he walked into a South Philadelphia locksmith shop yesterday morning, police said. He got something unwanted. Instead of complying, the owner of Todaro's Locksmith pulled out a shotgun and released a single blast, critically injuring the gunman, police said. The drama began at 10:38 a.m., when the man entered the store in the 1500 block of Federal Street, said Lt. Frank Vanore of the Public Affairs Unit. "He demanded money, and the store owner was able to get to the shotgun," Vanore said. The owner, whom police did not identify, had moved behind a partition where the shotgun was stored, Vanore said. Authorities were still trying to confirm the identity of the gunman late yesterday afternoon and did not immediately release his name. Police recovered a handgun at the scene. The gunman was sprayed with pellets in the hands, neck and face, Vanore said. He was taken to Thomas Jefferson University Hospital and later transferred to the Hospital of the University of Pennsylvania, where he remained in critical condition yesterday. The gunman faces charges of robbery and related offenses, Vanore said. The store owner immediately called police and cooperated with detectives and does not face charges, Vanore said.



MI: "Open carry" group to gather: "Ron Gibson carries a semi-automatic pistol on his hip for anyone to see, and insists he's not out to intimidate. When he goes to bed, the .45 caliber firearm is nearby and loaded. 'Just because I'm carrying a gun, I shouldn't be viewed as a threat. I don't bring any attention to it whatsoever,' he said.Gibson is among about three dozen members of a gun rights group who will 'pack' a picnic with their families Saturday afternoon in Warren. They are part of a growing movement of advocates promoting the Second Amendment and the open carrying of handguns."



TX: School district to allow guns on campus: "A Texas school district has decided to allow some employees to have guns on school campuses. The Harrold Independent School District near Wichita Falls has decided to allow specific employees to carry firearms on school property and at school events. The school district said it will allow the guns to protect students, because board members estimate it would take first responders nearly 30 minutes to get to the school if there was an emergency."



The Second Amendment and non-citizens: "The Second Amendment / illegal alien decision discussed in the post below reminds me of a broader question -- do noncitizens who are legally present in the U.S. have Second Amendment rights? 1. Federal law generally bars gun possession by noncitizens who are here under a nonimmigrant visa. Some state laws go further and ban all possession by noncitizens, including by permanent residents. ... Generally speaking most constitutional rights have been extended (at least where criminal punishment, as opposed to the threat of deportation, is involved) to legal aliens. Should this apply to the Second Amendment? The reasoning in the illegal alien opinion seems to potentially apply to legal aliens as well, though that's not clear."



16 August, 2008

Chicago, Illinois: Four Shot in Jewelry Store Shootout: "Robbers invaded a Southwest Side jewelry store on Wednesday, triggering a gun fight. Four people, including the alleged robbers, were injured in the shootout. It was a wild scene near the corner of 63rd Street and Kedzie Avenue Wednesday evening when a pair of robbers pretending to be customers walked into Sergio V. Jewelry. But the robbers picked on the wrong guy. The store owner, Sergio Vasquez, is known around the neighborhood to be a man who doesn't put up with any nonsense at his shop. He was behind the counter when the robbers walked in. Investigators said the robbers walked in with a briefcase and when they pulled their guns, Vasquez grabbed his and all three opened fire. Both robbers were hit and so was a jeweler in the back of the store. At least one shot also struck a motorist who was passing by outside. That driver was hospitalized with a gunshot wound to the face. Police found one robber lying on the street around the corner, bleeding from a gunshot wound, the other was arrested at the store. None of the people shot appeared to have life-threatening injuries. All are hospitalized."



Alaska: Girl remains in critical condition after pit bull attack: "A 6-year-old girl remains in critical condition Tuesday after a pit bull attacked her and a baby sitter. Two neighbors came to the rescue and one of them shot the dog to save the victims. The attack happened a little before 3 p.m. at an East Anchorage trailer park, the Riviera Terrace, near 32nd Avenue and Lee Street. "The report was a pit bull had attacked a 6-year-old girl and she was severely injured. In fact the original report thought the girl was dead," said APD Lt. Paul Honeman. John Kersbergen and Shawnee Hart witnessed some of the attack. "I heard the screams get worse. I looked out the window and I see the dog has the baby sitter by the arm out here and the neighbor has his pistol. He shoots away, then, and the dog lets go. But then the dog turned on him, so he had to shoot again and after, like, three shots he finally hit the dog in the leg," Hart said. Police say Kyle Mayeaux rushed into the house to try and revive the little girl. Troy Danforth shot the dog in the leg, possibly saving the child's life. No one knows for certain why the dog attacked the child but neighbors said the dog was known to be aggressive. The child, however, lived with the dog so it seems it must have been familiar with the residents."



Kentucky woman shoots husband: "No charges have been filed against a Pulaski County woman who police say shot and killed her husband after the two got in a domestic confrontation. The shooting happened early Wednesday morning on Highway 196 in the Nancy community. Investigators with the Sheriff's Department say 48-year-old Tamara Wilson got a gun and shot her husband, 49-year-old William, after an argument escalated. Mr. Wilson was taken to the hospital where he later died. During its investigation, the Sheriff's Department found a history of domestic violence in this family - including a prior charge of domestic assault in 2006 and at least two prior domestic violence orders that had been issued against Mr. Wilson. Investigators also say Mr. Wilson had made threats against his wife leading up to the shooting. Because of this information, not charges have been filed, but the results of this investigation will be presented to the Pulaski County Grand Jury for their consideration."



Gunmaker to feds: Give me my firearm!: "A licensed gunmaker who has reported retaliatory attacks on his work by federal agents upset over his testimony on behalf of a man sent to prison for having a broken gun has ordered the government to return one of his projects. "You have seized company property without any cause or court order to date. The company firmly demands the return of the firearm in question," Len Savage told John Spencer and other officials at the Bureau of Alcohol, Tobacco, Firearms and Explosives in a letter, a copy of which was sent to WND and also later posted online at the War on Guns blog run by David Codrea. "Therefore please return the property of the company [the firearm in question] immediately," he wrote.



15 August, 2008

Ohio Man Fights Would-Be Robbers In Ambush: "A Galion man agreed to meet someone in Lancaster to buy some construction equipment, but it was all a set-up to a robbery. The prospective customer was told to meet the seller on an area of desolate land in Lancaster to buy a Bobcat -- a type of construction equipment, NBC 4's Mike Bowersock reported. Shortly after arriving, the man was walking across the field when someone approached him from the left, cursed at him and pointed a gun at him. "There was a verbal agreement of $7,000 cash for the Bobcat and the (customer) showed up with the cash and found out it was actually a robbery -- ambush," said Sgt. Mike Peters, of Lancaster police. But, the customer was prepared -- and had a concealed carry permit and two guns. He unloaded one gun on the robbers and then started with the second gun. The robbers returned fire, and it is believed that one of them was shot. "He was in fear for his life. He felt that he was going to be shot and killed and he actually did pull his gun and shot several times at the robber," Peters said. No arrests have been made, but a man with a gunshot wound at The Ohio State University Medical Center is a suspect."



Ohio Deli Owner Opens Fire On Would-Be Robbers: "An East Price Hill delicatessen owner took matters into his own hands during an attempted robbery on Tuesday, police said. Officers said two men walked into Don's Deli on Beech Street just before 8 p.m. and pointed a gun at the owner, demanding money. Instead, police said, the owner pulled out his own gun and fired at least once at the men, who fled from the deli. The men were last seen leaving the area in a tan sedan. No arrests have been made so far."



Democrats `Still Don't Get It' on Guns: "Beware of what the Democrats are saying about guns in their party platform, a Second Amendment group says. The draft 2008 Democratic National Platform includes the "Utopian fantasy that gun control laws will somehow make neighborhoods safer," said the Citizens Committee for the Right to Keep and Bear Arms. "While promising to preserve our Second Amendment rights, the party platform demonizes semiautomatic sport utility rifles and wants them banned, calls for anti-gun show legislation and proposes so-called `common-sense' gun laws," said CCRKBA Chairman Alan Gottlieb. "Boiled down, all it really means is that the Democrats are still the party of gun control no matter how they try to re-package the rhetoric."



Man fatally shoots Ark. Dem. chairman at party HQ: "A man recently fired from a Target store barged into the Arkansas Democratic headquarters Wednesday and fatally shot the state party chairman before speeding off in his pickup. Police later shot and killed the suspect after a 30-mile chase. Police identified the suspect as 50-year-old Timothy Dale Johnson of Searcy, a town about 50 miles northeast of Little Rock. They said that moments after the shooting, Johnson pointed a handgun at a worker at the nearby Arkansas Baptist headquarters. An official there said he told the worker, "I lost my job." Conway police said a Target store 30 miles north of Little Rock had fired Johnson earlier Wednesday because he had written graffiti on a store wall. The age and address provided by Conway officers matched those provided by Little Rock police for its suspect. According to Conway police spokeswoman Sharen Carter, Target fired Johnson before 8 a.m. Wednesday because he had written on a wall. Other store employees said Johnson's body shook as he turned in his ID badge. A Target manager had called police because of the incident but the wall had already been cleaned. Johnson lived alone in a small home in Searcy and had never been married, said Helen Mowrer, who lived next door to the gunman. Mowrer said that both of Johnson's parents lived at the house, but had died in the past 10 years. Mowrer said Johnson kept to himself. "I never felt really comfortable with him," she said. "He was just kind of different."



14 August, 2008

Florida: Home Invader Dead: Two On The Run: "The resident living on Srant Drive who shot and killed an intruder Saturday afternoon will not be charged, said Glenn Austin, spokesman with the Escambia County Sheriffs Office. At about 4:30 p.m., two men broke in through the side door of the West Pensacola home. At least one of the men was armed, Austin said. The man living in the residence heard the disturbance and shot one of the suspects while the other one ran away. The suspect who was shot, Rodney Allen Williams, 27, staggered out of the house and died, Austin said. "He was an armed intruder who came in with a weapon. The homeowner saw the threat and defended himself," Austin said. "When you're threatened you have the right to defend yourself." According to Florida's "Stand Your Ground Law," homeowners are entitled to shoot a person who unlawfully and forcibly enters their home. Officials are looking for another man connected to the break-in, Austin said, but could not provide a description of the man."



Federal Judge Upholds Gun Ban at Atlanta airport: "A federal judge on Monday upheld a gun ban at the world's busiest airport, dealing a blow to gun rights groups who argued a new Georgia law authorized them to carry weapons in certain parts of the Atlanta airport. U.S. District Judge Marvin Shoob expressed concern that allowing guns at Hartsfield-Jackson Atlanta International Airport could cause significant economic damage and could be a "serious threat to public safety and welfare." His decision rejected a request by GeorgiaCarry.org that would have temporarily allowed gun owners to carry their weapons in the airport until his final ruling on the gun ban - a challenge that could likely last months. The legal showdown erupted when the state law that allows people with a concealed weapons permit to carry guns into restaurants, state parks and on public transportation took effect on July 1. City officials quickly declared the airport a "gun-free zone" and warned that anyone carrying a gun there would be arrested. GeorgiaCarry.org sued the city and the airport, claiming that the airport qualifies as mass transportation under the new state law. Attorney John Monroe told the judge repeatedly that no law makes it a crime for residents with permits to bring their guns into terminals, parking lots and other unsecured areas."



Philly sets $1,900 fine for not reporting lost gun: "A new ordinance taking effect Saturday in Philadelphia is intended to crack down on irresponsible gun owners. Citizens who fail to report a lost or stolen firearm within 24 hours can now be fined up to $1,900. Repeat offenders will face another steep fine or 90 days in jail. The strict penalties are part of the Lost or Stolen Firearm Ordinance, one of the three surviving pieces of gun legislation that Mayor Michael Nutter signed into law in April. A judge blocked two more aggressive laws Nutter signed that would have instituted a one-gun-per-month limit and an assault-weapons ban."



Evanston amends its gun-ban law: "Following on the heels of a Supreme Court decision that held that a blanket ban on handguns violated 2nd Amendment rights, Evanston's City Council voted 7-1 Monday night to amend the North Shore suburb's weapons ordinance to conform to the landmark court ruling. Council members believe the move will allow the city to avoid a potential court challenge. "I find the Supreme Court decision repugnant," said Ald. Steve Bernstein (4th). "But because of it, it's the law. In the short term, we'll be better off getting [the ordinance] off the books." Evanston's handgun law, one of the more progressive in the country, had banned not just handguns but any device that "is designed to expel a projectile," including BB guns and paintball guns with projectiles larger than .18-inches in diameter. Items such as collectors' guns were exempt from the ban."



13 August, 2008

Florida: Would-be pizza parlor robber flees in face of .357 magnum: "The owner of a pizza parlor here shot at a would-be robber who came out of the bushes as the proprietor and an older relative were leaving the business, police said this morning. Manny Manolas, 41, told police that he and Clary Manolas, 63, were closing up Manny's Pizza at 487 S. Nova Road at about 11:40 p.m. Sunday when a man wearing a towel or a T-shirt over his head emerged from the bushes near Manolas' car, according to a report. The stranger brandished a gun and said, "Give me the bag and your money," according to the report. But Manolas wasn't about to surrender his cash and his receipts. He pulled out his own weapon, a .357 magnum revolver, and shot at the man, who ran toward a furniture store nearby, the report shows. Investigators are still looking for the suspect, described as a white male, between 18 and 25 years of age and about 170 pounds with a large circular tattoo -- possibly a sun -- on his right calf, police said."



Florida man shoots pit bull attacking his dog: "A man shot a pit bull Friday. He says it got loose and attacked his dog. The man, Anthony Dippolito, 49, will not be cited. The pit bull was euthanized at the owner's request, the Broward Sheriff's Office said. The pit bull trotted into Dippolito's yard on Northeast 39th Street just before 8:15 a.m., Dippolito said. He said he saw the pit bull's owner beating on the dog that had latched onto Crystal, Dippolito's 5-year-old mixed-breed boxer. Dippolito said he picked up a 10-pound satellite dish and bashed the pit bull several times, but the dog shrugged it off. He rushed into his bedroom and grabbed his .45-caliber handgun, then came back out and shot the pit bull in the rib cage. Dippolito said he was relieved that his dog suffered only some gashes and a quarter-sized hole in her neck, but he's sorry that he had to resort to shooting its attacker."



Arizona shootout, burglar dead: "Phoenix police found one man dead and another shot after responding to a residence near 91st Avenue and Lower Buckeye Road. At about 9 p.m. on Sunday, police received a call to a shooting at the residence, where they discovered a 25-year-old man with a gunshot wound and a 20-year-old man in another room dead from gunshot wounds, police said. The 25-year-old homeowner told police he was home alone when he saw three men in his backyard, armed and looking to break into the residence. The resident traded gunfire with the suspected intruders, resulting in the gunshot wounds. Two of the suspects fled the scene in a vehicle, police said. Police did not release information about the suspects or their vehicle as the investigation is ongoing."



Is it time for Federal reciprocity of conceal carry permits? : "Like a lot of people down here in Texas, I keep a gun close at hand. This usually means one in my vehicle and one on my person. I've kept one in my vehicle for nearly two decades and one on my person since 1998, when I got my first concealed carry permit. It's hard to beat the protection that my concealed carry permit affords my family and friends, even if they aren't armed. The fact that I am armed means they are safer when with me whether they realize it or not; and everything from annual FBI crime numbers to state-by-state statistics prove this to be so.However, when I drive outside the borders of Texas, I have to be careful. In many other states, I cannot keep a loaded gun in the car."



12 August, 2008

Georgia teen shot breaking into home: "A would-be burglar got a painful surprise Friday when he tried to break into a Union City man's home, police said. Around 4:30 p.m., the 75-year-old homeowner on Ravenwood Loop heard some noise coming from the rear of his house, Union City police spokesman George Louthe said. "He saw his window getting wedged open," Louthe said. "He challenged the intruder, but (the intruder) kept coming through the window." The man went for his 9 mm Glock handgun and returned to see a 17-year-old's leg straddling the window. "He shot three times," Louthe said. "But the suspect ran." The homeowner called 911 to report the home invasion, police said. Police did not release the name of the homeowner or the teen who was shot. Just moments after his call, a neighbor on Ravenwood Circle - just behind the crime scene - called police to report a man shot in their back yard. "He apparently climbed over the back fence," Louthe said of the wounded suspect. The teen had been hit at least once, with an injury that seemed to reflect a bullet entering his leg and traveling to his groin, police said. The suspect was airlifted to Grady Memorial Hospital, and was listed in serious but stable condition. Charges against the teen are pending. The Fulton County District Attorney's office will decide whether to charge the homeowner, Louthe said."



TSA weighs more airport gun control : "The Transportation Security Administration may allow airports to ban firearms from terminals, parking lots, roads and other airport areas where many states currently allow passengers to carry lethal weapons. Airport officials and lawmakers are watching closely as the TSA weighs a request by Hartsfield-Jackson Atlanta International Airport to modify its security program to impose an airportwide ban on guns. It is the first such request to TSA from an airport. . The TSA is `trying to work through some complex legal issues,' said spokesman White. He gave no timetable for a decision. Courts may ultimately decide whether an airport can override state law and prohibit guns by adding a ban to its security program, Chambers said."



Bloomberg anti-gun "soul-mate" Kilpatrick now a cellmate : "Anti-gun Detroit Mayor Kwame Kilpatrick - jailed for violating terms of his bond as he faces trial on eight felony counts - should resign before bringing any more disgrace to his office, the Citizens Committee for the Right to Keep and Bear Arms said today. Kilpatrick is a prominent member of New York Mayor Michael Bloomberg's anti-gun Mayors Against Illegal Guns coalition. The irony, said CCRKBA Legislative Affairs Director Joe Waldron, is that because the mayor is under indictment, he cannot possess a firearm."



Book review: Safe Streets In The Nationwide Concealed Carry of Handguns: "Safe Streets In The Nationwide Concealed Carry of Handguns discusses how government enforced dependency is destroying the American spirit, our independence, and is actually one of the root causes of violent crime. [John] Longenecker successfully shows how private ownership of guns does not only benefit gun owners. He shows how gun ownership combats crime, protects our liberties, and helps preserve the independent spirit that makes America the greatest country on earth."



11 August, 2008

South Carolina: Gun stops road rage: "Slow driving led to a confrontation between a 22-year-old Citadel student and an unidentified man involving a baseball bat and a pistol on Hilton Head Island on Thursday afternoon, according to a Beaufort County Sheriff's Office incident report. The student, who was lost, had been driving slowly on Beach City Road looking for a doctor's office when he pulled into a parking lot to look at a map, according to the report. A man driving a Porsche pulled in behind him and approached him carrying a baseball bat. The man was yelling about the student's driving. The student pulled a Glock 23 pistol from his glove box and got out of his car, the report stated. The man with the bat put his hands up, returned to the Porsche and drove away. The student called the sheriff's office from his parents' Hilton Head home. He was not charged in the incident."



IL: Group wants no gun control: "A group of residents is asking a Lake County Board committee to sponsor a resolution that would oppose any future gun control legislation. While generally declaring their support of the Second Amendment to the Constitution, members ... expressed reservations about the proposed action. James Stewart, a Waukegan resident and supporter of the statewide Pro 2 Amendment Resolution movement, said he believes it is important for Lake County to join the 82 other Illinois counties that have passed the resolution. 'It is designed to tell state legislators that local governments 'Oppose the enactment of any legislation that would infringe on the right of the people to keep and bear arms," according to Stewart."



IN: Gun control ordinance shot down in Mishawaka: "Passion about protecting fellow citizens swayed Mishawaka City Council to vote 5-4 against a weapons ban ordinance. The ban was actually proposed by Mishawaka Mayor Jeff Rea and City Attorney Cory Hamel. It would've prohibited all weapons from four buildings frequented by the public: Mishawaka City Hall, the police station, the Battel Center, and Mishawaka Utilities main building."



Interest groups and the Right to Keep and Bear Arms: "It is fair to say that one or two cases decided by the U.S. Supreme Court stand out each term. I think it is evident that this term's most salient case is District of Columbia v. Heller. In that 5-4 decision, the Court struck down the District of Columbia's ban on the possession of privately owned handguns within District limits. In so doing, the Court clarified the meaning of the Second Amendment for the first time in almost 70 years by endorsing an individual right to keep and bear arms.In addition to providing an excellent example of a test case, the Heller decision is also significant for understanding the primary method of interest group litigation: the amicus curiae ('friend of the court') brief."



10 August, 2008

California guard wounds teen after 3 shot at bar: "An armed security guard at a Hayward restaurant and karaoke bar shot a teenager early Sunday after the teen shot three people in the parking lot outside the bar, police said. Oakland resident Adrian Dantoc, 18, and two other teenage suspects - John Catolos, 19, and Julian Logan, 19, both of Oakland - fled the scene but were caught by police and arrested on four counts of attempted murder, Hayward police said. All three are in custody at the Santa Rita Jail. The incident happened at about 1:29 a.m. Sunday, when Dantoc and the two other teenagers allegedly confronted the three shooting victims, who were riding bikes through the parking lot of Manila Garden Restaurant on Hesperian Boulevard, police said. When a fight started, Dantoc allegedly grabbed a gun from a nearby car and shot the three victims multiple times, police said. A security guard who works in the restaurant on weekends went outside when he heard gunshots and allegedly saw Dantoc firing the gun, police said. The guard told Dantoc to drop the gun and Dantoc allegedly fired at him; the guard then shot him in the leg, police said. Dantoc and the two other suspects then drove to a home on Lester Avenue in Oakland, allegedly throwing away the gun along the way, police said. Residents at the home called 911 to get medical help for Dantoc's injury, and the three suspects were arrested when police arrived. Dantoc was treated at a local hospital. The victims - ages 41, 23 and 17 - are all expected to survive. An investigation found that the security guard, a 45-year-old Hayward man who police did not identify, was justified in shooting Dantoc to protect his own life, police said."



Mississippi: Clerk Shoots Man Trying To Steal Beer: "Police said a Jackson store employee shot a man trying to steal beer Saturday afternoon. According to witnesses, the man was inside S and R Food Mart on Terry Road attempting to steal. Police identified the man shot as Kenneth Riddle. The store employee reportedly approached him and the two men began to fight. That's when the clerk shot Riddle, witnesses said. Riddle was taken to University Medical Center and the store employee was detained for questioning. Riddle was listed in serious condition Sunday afternoon."Mississippi: Clerk Shoots Man Trying To Steal Beer: "Police said a Jackson store employee shot a man trying to steal beer Saturday afternoon. According to witnesses, the man was inside S and R Food Mart on Terry Road attempting to steal. Police identified the man shot as Kenneth Riddle. The store employee reportedly approached him and the two men began to fight. That's when the clerk shot Riddle, witnesses said. Riddle was taken to University Medical Center and the store employee was detained for questioning. Riddle was listed in serious condition Sunday afternoon."



Detroit man shoots pit bull attacking grandson; bullet passes through dog, wounding boy, 9: "A grandfather has shot and wounded his 9-year-old grandson in Detroit after firing at a pit bull that was attacking the boy. Police say the bullet passed through the dog's body, ricocheted off the sidewalk and hit the boy in the thigh Wednesday. The boy was taken to a hospital for treatment of what authorities called non-life-threatening injuries. Animal control officers seized the dog. It survived."



Colorado: Man walking with wife shoots mountain lion: "A man shot and killed a mountain lion north of New Castle Tuesday night after the animal came too close to him and his wife, according to the Colorado Division of Wildlife. Randy Hampton, a spokesman for the DOW, said the agency received a call about the shooting a little after 8:30 p.m. Tuesday. The man and his wife were out for a walk in the area when the mountain lion came out of the brush and was in a "crouch position," Hampton said. The couple's names were not immediately available late Wednesday. "(The mountain lion) began to approach them," he said. "The husband was carrying a firearm, and he shot and killed the lion as it got really close." The animal was about 6 feet away from the couple when the man shot it, Hampton said. He added that the couple tried to scare the mountain lion away by screaming at it, but that the animal continued to approach. The man said he had no other choice but to shoot the animal, Hampton said."



9 August, 2008

California man shot with own gun while trying to rob bank: "A would-be bank robber was shot with his own gun this afternoon during a botched heist attempt in Van Nuys, police said. The gun-toting man walked into a branch of Wells Fargo bank in the 6800 block of Van Nuys Boulevard around 12:30 p.m. and tried to pull off a one-man caper, said Officer Kate Lopez, a spokeswoman for the Los Angeles Police Department. A security guard confronted the man and "a struggle ensued," Lopez said. The robber, whose identity has not been released, was shot as the two wrestled for control of the weapon. No other details of the altercation were available and no bank patrons or employees were injured. The suspect was transported to a local hospital and his condition is not known. The guard suffered minor injuries that did not require medical attention."



California intruder shot, killed: "One of several men who stormed a suburban home Friday was shot dead by one of the residents, who blasted the intruders as they entered, in an incident police were calling a home-invasion robbery attempt. Three or four men kicked in the door of the house in the 24300 block of Burbank Boulevard, setting off the gunfight, Los Angeles police said. Aside from the one intruder killed, no one was injured. "Obviously, these residents here do have a right to protect themselves," said Los Angeles police Lt. Steven Sambar. "Those people are extremely lucky." Police were searching for two or three other suspects, described as African-American men in their 20s. Gunfire and screams pierced the neighborhood's usual quiet about 2:45 p.m., after the men first knocked on the home's front door - then kicked it in, Los Angeles police Sgt. Jeff Nuttall said. Inside was a couple in their 60s and their two sons in their 20s. At least one of the sons was armed, and he opened fire, hitting one of the intruders. The man died in the doorway, clutching a revolver, Nuttall said. His identity was not immediately available. The intruders shot back, but didn't hit anyone, then fled."



Virginia: Trailer invader shot and killed: "A man was shot and killed early yesterday morning in central Goochland County after he allegedly entered an unlocked mobile home and tussled with the owner, authorities said. Adam Stone, the homeowner, called the Goochland Sheriff's Office just after 3 a.m. to report that he'd shot a man with a 12-gauge shotgun. Sheriff's deputies responded to the 2300 block of Grape Ridge Court off Dogtown Road, where Stone told investigators the intruder had entered the bedroom where he and his girlfriend were sleeping before the struggle took place. When deputies arrived, they found the body of Joseph Clifford Johnson, 36, of the 900 block of North 30th Street in Richmond, inside the bedroom with a fatal gunshot wound to the neck. No arrests or charges have been made in connection with the shooting as of last night."



Florida homeowner shoots intruder: "A suspected home intruder was taken to the hospital early Tuesday morning, after police say he was shot by a homeowner. Police say the homeowner awoke to noise coming from the garage of his home on Pennsylvania Avenue. The homeowner went to check it out, found the intruder and shot him. That man was taken to Bayfront Medical Center for treatment. Police have not said how badly he was injured."



8 August, 2008

Denver man defending himself gets blamed for his own daughter's accidental death: "Leo Cisneros is charged with child abuse resulting in death. His 10-year-old daughter, Auralia Cisneros, was killed while caught in the middle of a shootout on Nov. 29, 2007. Prosecutors believe Leo was dealing drugs, and the shootout at their home was the result of a robbery gone bad. Auralia was shot in the head, and police say the shot that killed her came from her father's gun. Now, Leo's attorney wants the court to dismiss the child abuse charge against him, under Colorado's "Make My Day" law. His defense attorney argues in the latest motion to dismiss that Cisneros was simply defending himself from armed intruders. His attorney argues he has already lost his daughter, and it would be a "miscarriage of justice" if he lost his freedom. They argue Cisneros was trying to defend himself and his family, and the "Make My Day" law is applicable in this case. The Denver district attorney's office said Cisneros contributed to his daughter's death by dealing drugs out of their home. Prosecutors said even if Leo Cisneros was defending his home that night, he endangered his child time and time again by conducting drug deals from home."



TX: Fight in park led to fatal shooting : "A 20-year-old man was fatally shot at a park Wednesday morning during a struggle over a gun, police said. Police called to the park in the 1200 block of Sleepy Hollow Drive about 11 a.m. found Deandre Howard with a gunshot wound in the chest. Mr. Howard was taken to Parkland Memorial Hospital, where he was pronounced dead on arrival, police said. Deandrae Sneed, 24, turned himself in to authorities a short time later, said Sgt. Ray Beaudreault of the Dallas police homicide unit. Mr. Sneed was later released, and the case will be referred to a grand jury because investigators believe the shooting may have been an act of self-defense. The two men apparently were gambling at a picnic table and got into an altercation, Sgt. Beaudreault said. Witnesses told police that Mr. Howard got a gun from someone in a nearby car and that the gun went off during the struggle, striking Mr. Howard".



W.Va. looks at gun laws after high court ruling : "A recent U.S. Supreme Court ruling that struck down as unconstitutional a citywide handgun ban in Washington, D.C., has at least one West Virginia city tweaking its law.Martinsburg City Manager Mark Baldwin says the Eastern Panhandle city needs to clarify that its ban applies only to city buildings, not city streets and sidewalks.Martinsburg officials decided to revisit the issue after the Supreme Court ruled June 26 that the ban in the nation's capital violated the Second Amendment ..In Charleston, the West Virginia Citizens Defense League is urging the city council to align its gun law with the state's, but has met a cool reception from Mayor Danny Jones and at least one city council member."



NY: Bloomberg tries again on gun control : "The Bloomberg-funded Mayors Against Illegal Guns announced today it sent a six-question survey to both John McCain and Barack Obama focued on `common sense steps necessary to fix the nation's broken background check system' that the group endorsed during its national summit in April.This isn't the first time the coalition has sought to influence the presidential contests that its benefactor once considered joining."



7 August, 2008

Just in case, we'll take your gun

Outrageous Connecticut law allows cops to seize firearms before any crime is committed

A new report to the Connecticut state legislature shows police have used the state's unique gun seizure law to confiscate more than 1,700 firearms from citizens based on suspicion that the gun owners might harm themselves or others. The state's law permits police to seek a warrant for seizing a citizen's guns based on suspicion of the gun owner's intentions, before any act of violence or lawbreaking is actually committed.

The law was first proposed in 1998, following a mass shooting at the Connecticut Lottery Corporation that left five dead, including the gunman. Since the law went into effect Oct. 1, 1999, according to new Office of Legislative Research report, police have made more than 200 documented requests for warrants to seize firearms from citizens, and only two of the requests have been denied. The law has remained hotly debated since its passage, as some point to possible murders and suicides it may have prevented, and others worry that police would abuse the law. "It certainly has not been abused. It may be underutilized," Ron Pinciaro, co-executive director of Connecticut Against Gun Violence, told the Waterbury Republican American. "The bottom line from our perspective is, it may very well have saved lives."

Attorney Ralph D. Sherman, who has represented several of the gun owners whose firearms were confiscated under the law, disagrees. "In every case I was involved in I thought it was an abuse," he told the newspaper. "The overriding concern is anybody can report anybody with or without substantiation, and I don't think that is the American way."

Joe Graborz, executive director of the Connecticut Civil Liberties Union, an affiliate of the ACLU, told WND the law "continues to invest unusual and far-reaching powers in police authority that does not belong there" by requiring "police to act as psychologists in trying to predict and interpret behavior." "What is the standard of proof on this?" he asked. "The way this law is written, it can and will be easily abused by police."

Under the statute, dubbed the "turn in your neighbor" law by opponents, any two police officers or a state prosecutor may seek a warrant, following a specified process of investigation, to confiscate guns from people deemed a risk to harming themselves or others. The vast majority of cases, however, begin when a person - usually a spouse or live-in, according to the OLR report - file a complaint.

Shortly after the law was passed, Thompson Bosee of Greenwich, Conn., had his guns and ammunition seized by police. Bosee told WND in 1999 he suspects a neighbor, with whom he has had words regarding the neighbor's driving on Bosee's property, might have reported him. "They had a warrant for my guns, they arrested my guns," said Bosee. A member of both the NRA and the American Gunsmithing Association, Bosee said he works on his guns in his garage and is not ashamed of it. Although Greenwich Police would not comment, they released a list of the guns and ammunition they seized from Bosee, including six handguns, three rifles, one shotgun, one submachine gun and 3,108 rounds of ammunition.

The new OLR report shows that in most cases, relatives or neighbors of the gun owner filed the complaint when they feared for their own safety or feared the owner was suicidal. In a case from Southington, however, a man had his gun taken for threatening to shoot a dog. Attorney Ralph Sherman told WND the law's cruelty to animals justification for gun seizure worries him. "If I throw a rock or a newspaper at a dog in my yard or in my garden, that doesn't mean I'm mentally unbalanced," he said. "What if a neighbor doesn't like me and sees that?"

In October 2006, according to the Republican American, police obtained a seizure warrant after a man made 28 unsubstantiated claims of vandalism to his property. The police application for seizure described the man as paranoid and delusional, citing extensive self-protection measures installed on the man's property, including alarms, cameras and spotlights. Four months after the man's guns were taken, a judge ruled that police had failed to show the man posed any risk and ordered the guns returned. According to the ruling, the gun owner had no history of documented illness, criminal activity or misuse of firearms. "In fact, the firearms were found in a locked safe when the officers executed the warrant," the ruling said.

The law dictates that courts hold a hearing within 14 days of a seizure to determine the eventual fate of the guns. In most cases, according to the OLR report, the guns are held for a period of up to a year, destroyed or sold. The Republican American reports that in 22 of the more than 200 cases, the guns were ordered returned.

Connecticut State Rep. Michael P. Lawlor, House chairman of the Judiciary Committee and one of the chief authors of the law, told the Republican American he wasn't aware of any pending challenges to the law's constitutionality. "The whole point was to make sure it was limited and constitutional," he said. Sherman however, said the law hasn't been challenged yet, simply because it is used sparingly and a test case would prove too costly for the average gun owner.

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Brother-in-law's killing was self defense, Ohio jury finds: "A Ross County jury found last night that a man acted in self defense when he shot and killed his brother-in-law. Jurors returned after three hours to find Bernard Holbrook, 64, not guilty of murder in the April 16 slaying of Jay Broughton, 53, near Adelphi. Holbrook claimed he was defending himself from a possible assault when he shot Broughton in the chest and abdomen with a handgun. The two men were neighbors on Bull Run Road and long had feuded over a disputed debt and other matters, authorities said. The three-day trial was before Judge Scott Nusbaum in Ross County Common Pleas Court." [Background details here]



CA: Intruder shot, killed: ""One of several men who stormed a suburban home Friday was shot dead by one of the residents, who blasted the intruders as they entered, in an incident police were calling a home-invasion robbery attempt. Three or four men kicked in the door of the house in the 24300 block of Burbank Boulevard, setting off the gunfight, Los Angeles police said. Aside from the one intruder killed, no one was injured. 'Obviously, these residents here do have a right to protect themselves,' said Los Angeles police Lt. Steven Sambar. 'Those people are extremely lucky.'"



Society for the patron saint of guns likes the Heller verdict: ""Last month's historic Supreme Court gun rights decision is a blockbuster development for the right of individual self-defense in religious as well as secular spheres of interest," John M. Snyder, Founder-Chairman of the St. Gabriel Possenti Society, Inc. declared here today. "All of the Justices who voted in the 5-4 majority for individual gun rights are Catholic," Snyder noted. "In the United States, institutional Catholic Church leaders have been on the wrong side of the right to arms for self-defense issue. The Social Development and World Peace Committee of the United States Conference of Catholic Bishops supports prohibition of the importation, manufacture, sale, possession and use of handguns. Individual clergy, including bishops, also have gone off the deep end on this issue. Let them listen to the solid gun rights majority of Catholic Supreme Court Justices. Let them consider that the right to life does not end with birth but continues throughout natural life and includes the right to self-defense and the right to arms for self-defense."



6 August, 2008

Texas robber dead: "Gunfire broke out during a holdup at a family-owned roofing company early Sunday, leaving one attempted robber dead and the business owner seriously wounded, Houston police said. Detectives said Sergio Rodriguez, his brother and a co-worker were preparing to open about 6:50 a.m. when three or four armed men forced their way inside the building in the 10500 block of Foy. "Somewhere in the middle of the (robbery), Mr. Rodriguez was shot," said Houston Police Department homicide investigator Fil Waters. One of the roofers managed to grab a gun and began shooting, fatally striking one of the intruders and wounding another. Rodriguez also was struck during the gunfire exchange, police said. "My understanding is that he's in surgery and will recover," Waters said. Sergio Rodriguez Jr. stood outside the crime-scene tape later Sunday as police continued their investigation. "To me, he's the man of steel," Rodriguez said of his wounded father. "He works every day, trying to take care of the family. Without him, I don't know what to do. Police recovered a vehicle at a nearby supermarket that may have been involved in the robbery. "It has bullet holes in the windshield. Evidence inside the vehicle would indicate that someone was probably hit," Waters said, declining to elaborate. Police plan to question a third man who later showed up at an area hospital with at least three gunshot wounds."



Florida: Robber in critical condition after being shot by handyman: "A man working on a home just north of Springfield this afternoon shot an armed man who tried to rob him, said Sgt. Derrick Lewis of the Sheriff's Office. The shooting occurred about 1:15 p.m. on West 24th Street near North Pearl Street. Police said a man armed with a gun approached the man working on a house and the worker, who was also armed, opened fire. The wounded man fled south on Pearl Street and collapsed outside a music store at West 23rd Street, a witness said. The wounded man was taken to Shands Jacksonville hospital and listed in critical condition, Lewis said. The worker is being questioned by police, but has not been charged. Their identities have not been released. Police recovered both guns, Lewis said. Lewis said the worker carried a gun because of his concerns about crime in the area, where shootings and drug deals are common."



House Democrats Seek Less-Rigid D.C. Gun Laws: "Democratic leaders in the U.S. House of Representatives have agreed to allow a vote next month on a bill that would end local handgun control in the District, making it easier for D.C. residents to acquire pistols, including semiautomatics, while eliminating the strict handgun-storage requirements imposed by the city. Supporters say the bill has a good chance of passing the House, where pro-gun measures are popular. But it is unclear whether it would succeed in the Senate, where complex rules make it harder to push through legislation. The measure, filed Thursday by several conservative Democrats, adds more fuel to the debate over gun control in the nation's capital. After a landmark U.S. Supreme Court decision June 26 ended the city's 32-year-old handgun ban, the District replaced the ban with strict handgun limits, which critics say violate the high court's ruling. The bill would scrap those limits, allowing residents to own handguns without registering them with the D.C. police department, provided they meet federal requirements for firearms ownership."



Chicago: Daley hints he may drop fight to keep handgun ban : Mayor Daley on Friday cracked the door open to abandoning the costly fight to uphold Chicago's 1982 handgun freeze -- if he can fashion a replacement ordinance that protects the safety of first-responders. Until now, Daley had promised to defend Chicago's ordinance all the way to the U.S. Supreme Court, despite what he called the dangerous precedent set by the court. The National Rifle Association then filed lawsuits seeking to overturn handgun bans in Chicago, Morton Grove, Evanston and Oak Park. Wilmette and Morton Grove preemptively repealed their bans. Now that both suburbs have thrown in the towel, and newspaper editorials have urged Daley to do the same to save millions in legal costs on a fight he can't win, he appears to be having second thoughts. At a news conference called to tout the 6,848 guns collected at last week's gun turn-in program, Daley was asked point-blank whether he would continue the legal fight to keep Chicago's handgun ban. "We don't know yet. ... We're not gonna run away. We're gonna try to figure this out," he said."



5 August, 2008

District of Columbia continues to violate civil rights

In the aftermath of the Supreme Court's decision shooting down the District of Columbia's total handgun ban, the D.C. government passed emergency legislation to regulate handguns owned by its subjects - I mean, citizens. The new gun registration law was developed to be as difficult and inconvenient as possible with no regard for its effectiveness. In fact, the new law retains much of the previous gun ban, including provisions that the Supreme Court called unconstitutional.

Despite the Supreme Court ruling, the new law outlaws an entire class of weapons in common use -- semi-automatic pistols -- by redefining them as machine guns, a purely arbitrary designation (a semi-automatic weapons fires one shot with each pull of the trigger; a machine gun or automatic weapon fires until the trigger is released). The law still requires that guns be locked or dismantled unless there is a "threat of immediate harm". Those two provisions have sparked another lawsuit by Dick Heller, whose case led to the historic decision by the Supreme Court. The court determined, once and for all, the right to keep and bear arms is an individual right, not related to any militia service.

To make gun registration by D.C.'s law-abiding citizens more difficult, D.C. now requires an FBI background check which can take up to two weeks. For what purpose? In most states, the National Instant Check System (NICS) provides dealers with eligibility of gun purchasers in as little at 5 minutes. I have never waited more than 15 minutes for a NICS check.

Apart from the District's arrogance, what I find most surprising is the absolute silence of the ACLU and NAACP. D.C.'s new registration scheme requires citizens to take a written exam in order to register a gun. Back when those groups actually cared about the civil rights of African-Americans, they objected vociferously to literacy tests designed to keep Blacks, especially in Southern States (run by Democrats) from voting. According to Wikipedia:

"Literacy Test refers to the government practice of testing the literacy of potential citizens at the federal level, and potential voters at the state level.. As used by the states, the literacy test gained infamy as a means for denying the franchise to African Americans. Adopted by a number of southern states, the literacy test was applied in a patently unfair manner, as it was used to disfranchise many literate southern blacks while allowing many illiterate southern whites to vote. The literacy test, combined with other discriminatory requirements, effectively disfranchised the vast majority of African Americans in the South from the 1890s until the 1960s. Southern states abandoned the literacy test only when forced to by federal legislation in the 1960s."

So now, the government of the District of Columbia is effectively requiring a literacy test to register a gun. A literacy test required in a city that is majority African-American. And the NAACP, ACLU and the civil rights establishment are completely silent. Do any of these groups care about the civil rights of the residents of the nation's capital? It appears not.

In broader terms, why does D.C. require a written exam at all? For what other enumerated Constitutional right does any American have to take an exam? I know of no examination requirement for an American to exercise freedom of speech. No journalist or publisher is required to take an exam to exercise the freedom of the press (although it might prove beneficial). No exams exist as a requirement for freedom of religion, freedom to assemble, or to petition the government for redress of grievances. And that just covers the First Amendment.

In fact, the courts have determined that we are ignorant of our rights. Why else is there a requirement for law officers to recite Miranda warnings to inform us of our Fifth Amendment rights? The onus is on the government to inform us of our rights, not on us to take a test before we are arrested. Our unalienable rights of Life, Liberty, and the Pursuit of Happiness are endowed by our Creator. Those rights are not contingent upon passing an exam by any government entity.

All of these requirements and regulations are meant to be onerous, inconvenient, and to discourage people from registering weapons. The government of D.C. does not care if it infringes on a Constitutionally-enumerated civil right - an individual's right to keep and bear arms. The District is defiantly running roughshod over the Constitutional rights of its people, thumbing its nose at the Supreme Court, and is opening itself up as a target for more lawsuits. The measures D.C. has taken in its emergency legislation have nothing to do with crime prevention, nothing to do with reducing crime, nothing to do with keeping guns out of the hands of criminals. If that were the case, the city legislators would actually do the research and review the evidence of laws that actually work (More Guns, Less Crime by John Lott would be a good starting point).

But the District of Columbia is not interested in crime control, allowing citizen self-defense, nor is it really interested in effective gun control. The District of Columbia is interested in people control. And the D.C. government does not care if it violates its citizens' civil rights in the process.

Source




New Yorkers' Gun Rights May Rest on Hot Dog Vendor's Case

New Supreme Court Ruling Is Cited Repeatedly in City Gun Cases

If New York's strict antigun laws are overturned in the near future, it may be the work of a hot dog vendor. The vendor, Daniel Vargas, is due next month in court to fight misdemeanor charges that he kept an unlicensed revolver loaded on a basement shelf in his apartment. The case, which has generated 23 hearings and been heard by no fewer than 10 different judges as it winds through Brooklyn's lowest criminal court, would be of little general interest, except for the fact that the U.S. Supreme Court recently ruled that the Second Amendment protects a right to keep a handgun at home for self-defense.

Now, suddenly, Mr. Vargas's case, as well as a handful of other cases, are testing the authority of district attorneys to prosecute people for gun possession, a strategy that Mayor Bloomberg has emphasized in his criminal justice policies. In about half a dozen New York City cases reviewed by The New York Sun, defense lawyers have filed briefs arguing that the Supreme Court's decision requires the dismissal of gun possession charges against their clients. The briefs question the constitutionality of the city's treatment of all unlicensed guns as illegal guns - mere possession of which can be punished by up to 15 years in prison.

What makes Mr. Vargas's case so singular is that the only issue is the alleged gun. He is not accused of using the gun improperly or of committing any illegal conduct unrelated to its possession. Nor did police find the alleged gun while investigating other crimes, as often happens. For instance, many unlicensed handguns are recovered from homes in the course of responding to domestic violence calls, defense lawyers say. Police records indicate that the officer who arrested Mr. Vargas in October 2006 had received "a tip for a location with firearm." According to the police records, Mr. Vargas consented to the search and police found a loaded .38-caliber revolver in a holster sitting on a shelf, with a box of bullets nearby.

Under New York law, possession of an unregistered gun on the streets in New York City carries a maximum penalty of up to 15 years in prison, while possession of such a gun at home is treated as a misdemeanor, which rarely carries jail time for a first offense. Mr. Vargas's legal aid attorney, Laura Guthrie, wrote in a brief that Mr. Vargas denies possessing any gun or ammunition. The court brief goes on to say that even assuming the allegations are taken as true, the prosecution, "violates the individual right to bear arms protected by the Second Amendment."

"Here the government does not allege that Mr. Vargas possessed the weapon with intent to use it unlawfully, or outside of his home," she wrote. "Mr. Vargas is accused of keeping a gun in his home. This conduct is protected by the individual right to bear arms enshrined in the Second Amendment." The brief, filed last year, cites the appellate court ruling that the U.S. Supreme Court affirmed in the June decision.

In a decision last year rejecting Mr. Vargas's Second Amendment claims, a city judge, Alexander Jeong, focused on another point, which is that Mr. Vargas had never sought a gun license. But that reason for dismissing Mr. Vargas's Second Amendment claim may have been weakened somewhat since the Supreme Court recognized an individual right to keep a gun at home. "The question now becomes which defendants with guns in their homes should benefit from that Constitutional right," a criminal defense lawyer and former president of the city bar, Barry Kamins, said. "One issue becomes whether to allow defendants to make these types of challenges even though they never applied for the permit."

Ms. Guthrie has argued that it should not matter whether Mr. Vargas applied for a permit. "Mr. Vargas is alleged, in essence, not to have submitted himself to the complete discretion and the extraordinary power of the New York City Police Commissioner," she wrote. "The Second Amendment does not permit such interference." New York's permitting system itself could come under scrutiny as these issues in criminal cases are litigated.

Mayor Bloomberg and other city officials have said that the Supreme Court decision does not threaten New York City's regulations, which require that all gun owners go through a lengthy and costly licensing process. Yet, some gun rights proponents and defense lawyers say that New York's licensing system is so burdensome as to be unconstitutional. "An average poor guy who's particularly vulnerable to burglary or break-ins is going to have a hard time getting a license," said a legal aid attorney, Steven Wasserman, who wrote the Second Amendment motion that many legal aid attorneys are now using. It can require multiple trips to One Police Plaza, a wait of more than four months, and fees that can reach more than $1,000 over a decade....

More here




Missouri: Bank customer shoots robber: "A bank customer shot another man who apparently was attempting to rob him about 9 a.m. today, police said. The alleged robber, who was wounded in the head, this afternoon is in stable condition, police said. A man and a woman, described as an older couple, were using the ATM at the Bank of America at North Oak Trafficway and Barry Road, police said, when a man approached with a gun and robbed them. A couple was stopped at the ATM. The robber was walking away when the male victim got out of the car with his gun and yelled for him to stop, said Sgt. Chris Lantz of the department's robbery unit. The robber turned around and pointed his gun at the man, Lantz said. The robbery victim fired his gun, hitting the robber in the head, he said. The man had a permit to carry a concealed gun, Lantz said. Under the circumstances, Lantz said, that would not matter, because he could legally carry the weapon in his car."



4 August, 2008

Postcard from the gun show

Comment from a Brit

I went to my first gun show recently–part of my ongoing remedial education in American cultural literacy, which my (American) wife has lately taken in hand–and I have been turning the experience over in my mind these past few days. As a Brit, of course, I was conditioned to expect that the first time I saw an unholstered pistol would be when a mugger stuck one in my face. That is how it works in a civilised country. So for me it was passing strange to see many hundreds of pistols–not to mention shotguns, assault rifles, armour-piercing bullets, laser-sighting attachments and all manner of other lethal weaponry–arrayed for the delectation of ordinary citizens. They let me pick up a gun, for heaven’s sake!

A few moments inside the exhibition hall, I was still puzzling over the perfunctory security check at the door–“Are you carrying firearms?” “No, but why would that be a problem?”–when I gaped as a rotund and cheerful old gentleman with a white beard walked past me to the exit, with what looked like an Armalite and attached bayonet slung casually over his shoulder. (I was pleased to see that the trigger was secured by a plastic tie. Dangerous otherwise.) Trade was brisk. The Supreme Court had just overturned DC’s de facto prohibition on hand guns, upholding the Second Amendment as an individual rather than collective right.

Though a Brit, as I say, I did not bring the default attitude of many Europeans (or East Coast liberals, same thing) to the event. I am by no means an instinctive gun controller. It is not obvious to me what is wrong with the argument that says, “The criminals already have guns; gun control disarms the rest of us.” I don’t know how many times I have heard that view sneered at, or laughed at, or pointed to as an infallible marker of stupidity. But I haven’t ever heard it seriously confronted, let alone refuted. Thought experiment: would I feel safer walking around DC at night if the district allowed concealed carry, so that some fraction of law-abiding citizens on the street would be armed, or would I feel more at risk? Answer: safer. I don’t say this settles the matter: I’m not sure what I think about gun control, and the seeming resistance in some quarters to any and all forms of regulation is ridiculous. But why is this not a legitimate consideration?

I don’t think the Democratic nominee would have felt at home with this crowd. I heard several references to Comrade Obama, and saw one button (which I coveted) that said, “I am a BITTER gun-owner.” They seemed to me an affable, friendly and very courteous bunch (well, you would be, wouldn’t you?). I don’t think you could mix with the show’s visitors for more than five minutes without thinking it was nonsense to attribute their interest in guns to bitterness or disappointment or some form of social pathology. But of course there is a political dimension. Aside from other motivations–sport, self-defence–the gun-show universe is about pride, self-reliance, and resentment at being bossed around. Distinctively American traits, wouldn’t you say? Best in moderation, no doubt–but still, where would the country be without those attitudes? I may get thrown out of Georgetown for this, but I say, good for them.

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Aggressive cop shoots kid, blames woman

If it goes to trial, the People vs. Frank White promises to be a fascinating study in the art of lawyering, because of its complexity, its high profile and the fact that it involves a police officer and a victim who also faces criminal charges, legal experts say.

The defense is certain to try and portray Rachel Silva as unsympathetically as possible and to assign her blame for what happened. Silva, 28, was unarmed when she was shot twice by White in an Oceanside parking lot apparently during a road-rage incident. Yet she was the aggressor, was intoxicated and driving on a suspended license from a previous DUI, Oceanside police said. “That is not a situation you want to be in as a prosecutor,” said Jeff Joseph, associate dean and general counsel for Thomas Jefferson School of Law.

But what more sympathetic victim could there be than an 8-year-old boy, Silva's son, who was shot once in the left leg by White as Silva backed her car past his in a shopping center parking lot? “That's something that I would expect the prosecutors to stress,” former District Attorney Paul Pfingst said. “If it was just Ms. Silva inside the car the case would look radically different.”

The fact that White, 28, is a San Diego police officer could make a conviction difficult. Jurors often tend to believe police officers over other witnesses. But officers also can be held to a higher standard because of their training. Jurors can expect them to remain cool, and not overreact like a civilian might in the same situation. “Being a police officer is often a double-edged sword,” said Shaun Martin, a professor of criminal law at the University of San Diego Law School.

White has been suspended from duty and has pleaded not guilty to grossly negligent discharge of a firearm, a felony, and exhibiting a firearm, a misdemeanor. The biggest question facing White's defense is why he fired five rounds into Silva's car, said Alec Rose, a Santa Monica defense lawyer who has defended many police officers. Self-defense, Rose said, has its limits. “You cannot use more force than you need to neutralize the threat.”

Throw into the mix that White was off duty in his own car with his wife, and that he pulled out his personal, five-shot, .38-caliber revolver – and not his badge – when confronted, said defense lawyer George Cretton, a former El Cajon police officer. “There's a fair difference between acting on duty and off duty,” Cretton said. “It just creates additional issues that you wouldn't normally expect to have if you were on duty in a uniform in a police car.”

In White's trial, the ultimate question jurors would have to decide, based on their life experiences, is whether he behaved recklessly, Pfingst said. Should he have withheld fire until he had determined who was inside Silva's car? Would a reasonable person have assumed that the person driving the other car was trying to seriously injure or kill him, and not trying to escape? “What this case is going to turn on is whether the act was grossly negligent,” Pfingst said. “There's no charge that it was malicious.”

An Oceanside police investigation concluded that Silva, who was living in Oceanside at the time, pulled out in front of White on Old Grove Road just after 9 p.m. March 15, forcing him to swerve to avoid an accident. White turned into a nearby Lowe's parking lot, and Silva followed, revving her engine and tailgating. White's wife called 911. In the parking lot, Silva pulled within inches of White's door, and was shouting at him. Court documents say White pointed his gun at her, and then backed up his car.

Silva called 911, saying, “There's a guy who's pulling a gun on me.” She then drove in reverse toward White's car. As the two cars passed, their side mirrors hitting, White fired one round through his window and Silva's passenger window, striking her son, and four more through her windshield. The front of Silva's Honda Accord hit the side of White's Mercury Milan as she turned away. Silva, 28, has pleaded not guilty to one felony count of child endangerment and four DUI-related misdemeanors in the incident. She is being prosecuted by the state Attorney General's Office.

More here





3 August, 2008

Another Texas good neighbor: "Details are still emerging about a Kingsland homeowner who shot a man he accused of attempting to burglarize his neighbor's house, but until the investigation is complete, the Llano County District Attorney cannot say whether the state's new "castle doctrine" would apply to Wednesday night's shooting. In the Kingsland case, the homeowner told investigators he shot a man he thought was robbing his neighbor's house. The homeowner, who lives in the 4700 block of River Oaks Drive in Kingsland, told investigators he saw a black Honda Civic driving up and down his street and then saw the car back into his neighbor's carport. The neighbor grabbed his .45 pistol and walked over to investigate. When he confronted the men inside the car they drove off, and the man started shooting at the Civic. The homeowner hit Casey Rowe, 25, in the back of the neck. Rowe was sitting in the back seat behind the driver of the Civic. Looking at the car, two bullet holes can be seen in the side of the car where Rowe was sitting. The district attorney is not certain if the"castle doctrine" would apply in the Kingsland case because the shooter seemed to have been protecting his neighbor's property, not his own. In Pasadena, a grand jury "no billed" a man who shot and killed two burglars breaking into his neighbor's house. Last October, a West Dallas man who lived at his scrap yard business shot and killed two burglars on two separate occasions in the span of less than a month. The men who were shot appeared to be trying to steal copper from the business. The 70-year-old man who shot the intruders was never charged"



IL: Guards involved in nightclub shooting turn themselves in: "Two security guards involved in the shooting death of a Hazel Crest man last Sunday at a Chicago Heights nightclub have turned themselves in to police and will not face charges, Chicago Heights police said Thursday. Lt. Michael Romano said he could not give out information about the guards' identities or for whom they worked, saying that "they are not cops, and they don't belong to us." Johnathan Williams, 20, was shot and killed by one of the guards after a fight broke out in the parking lot of the Esoteric club, 150 Joe Orr Road, and Williams began firing wildly into a crowd, police said. They said he wounded three people, one seriously, before an unarmed guard took a gun from an armed guard and fired back, killing Williams. Police described Williams' shooting as self-defense. Police said Darius Bell, 19, of Hazel Crest, was shot in the chest by Williams. Bell was in serious condition Thursday night at Christ Medical Center in Oak Lawn."



Chicago suburb repeals Handgun Ban: "In 1981, this quiet northern Chicago suburb made history by becoming the first municipality in the nation to ban the possession of handguns. Twenty-seven years later, Morton Grove has repealed its law, bowing to a U.S. Supreme Court decision in June that affirmed homeowners' rights to keep guns for self-defense."



Give 'em Heller: "'Don't say my name out loud.' That's the first thing Dick Heller told me as we stood outside the Supreme Court building on the morning of June 26, waiting for the decision in a landmark Second Amendment case. Heller, who wore a Supreme Court tie and a blue baseball cap with a miniature silver pistol on it, looked like just another enthusiast as he handed out newsletters. But as he lectured me and my friends on the history of the case, we responded with rapt attention rather than casual interest. Heller, a security guard from Washington D.C., was the eponymous plaintiff in the case, District of Columbia v. Heller. ... One of my favorite aspects of living in Washington and working at a think tank for the summer has been the ability to see and meet famous politicians, celebrated judges, and renowned scholars. But my most enjoyable experience so far has been meeting this ordinary person with an extraordinary story."



2 August, 2008

Florida business owner defended himself from would-be robbers: "Two men tried to rob the owner of a Crawfordville business earlier this week, but the owner pulled out his gun and scared the would-be robbers away. It happened about 7:45 p.m. Saturday at Premier Motorcar Gallery, 1468 Crawfordville Highway, according to the Wakulla County Sheriff's Office. The owner was exiting the front door of the business carrying a small bank bag and had turned around to lock it when one of the men ran up and hit him in the head with a 2-by-6 board. The owner fell to the ground but was able to get a handgun out of his rear waistband and point it at the robber. Another man was running toward them, but the two turned around and ran to a waiting car when they saw the owner was armed. The car was described as brown in color, 1984-1986, four-door Chevy Caprice with a lift-kit similar to the photo to the right. The car had 22- to 24-inch chrome rims with wide white walls and an aftermarket chrome grill kit. The first would-be robber was described as a clean-shaven black man, 18-22 years old, 6 feet, with a thin build and short hair. He had a small notch shaved into his right eyebrow. He was wearing a long-sleeved blue FUBU shirt and Paco jeans."



NY: Owner gets back guns taken by police: "When Lou Matteo got his handgun collection back, town police averted a legal battle based on a new U.S. Supreme Court decision upholding an individual's right to own a gun. Matteo, 75, turned over his firearms in March after a verbal spat with his wife led to an order of protection against him. Guilderland police refused to give the guns back, citing a federal law barring anyone under an order of protection from possessing firearms. But on June 26, the nation's high court struck down a District of Columbia ban on handguns. Matteo has never been convicted of a crime, and his attorney, Tom Marcelle, said the Supreme Court ruling meant he was entitled to have his guns returned."



IL: Evanston won't amend handgun ban yet: "Evanston will hold off amending its handgun ordinance until officials see what gun control groups come up in response to the U.S. Supreme Court's recent ruling against total handgun bans.Aldermen held off action Monday night on a resolution in which they express intent to amend the city's weapons ordinance in a way to conform with the court's ruling. .Meanwhile Monday evening, the Morton Grove Village Board, by a 5-1 vote, repealed its landmark 27-year-old handgun ban at its meeting.Under the proposal Evanston City Council members were mulling, a homeowner would be allowed to keep a firearm at his or her residence so long as the person possesses a current and valid Firearm Owner's Identification card."



Gun-toting in Georgia : "If you intend to rob me, stab me or punch me in the neck because you think I looked at you funny, I recommend you glance at my waist before lifting the pull tab on that can of whoop-ass.I may be carrying a handgun. Nearly everyone in our state can legally keep guns in their home. I am one of the few, the proud, the Georgia Firearms Licensed - one of a reported 300,000 Georgians permitted to carry a gun in public. Unlike the 9.2 million-or-so Peach Staters who do not possess firearms licenses, I'm legally permitted to carry a gun pretty much everywhere I go - walking my dogs, sipping a latte at my neighborhood coffee shop, buying deodorant at Target. Firearms licenses are easy to get in Georgia. All you need is a clean criminal record, about $40 and a couple of hours to spend at your county's probate court."



1 August, 2008

CA: First suspect, then victim: shooting said self-defense: In a span of two days, Brett Nichols went from being accused of attempted murder to becoming the victim in the same incident. The 48-year-old Phillips Ranch resident was arrested Monday morning on suspicion of attempted murder. Police said he had shot a man and dumped the body in the hills near his home. But Nichols was released from jail Wednesday afternoon after police determined he was acting in self-defense when he shot David Rotela, a 22-year-old Rosemead resident who survived the ordeal, authorities said. "It was a dumb move for me to do that, to dump his body, but I didn't know what to do," said Nichols outside his Edgebrook Drive home. Sgt. Robert Baker said "The (Los Angeles County district attorney) declined to prosecute for that incident." "Nichols is no longer a suspect," Baker said. According to Nichols, the shooting evolved from a home invasion robbery about 1:30 a.m. Monday. Five people live in the house owned by Nichols, who said he was waiting for his girlfriend to come home when he heard a commotion in a bedroom. He armed himself with a gun, "just in case something got out of hand," and went to find the source of the noise, Nichols said. Nichols said he discovered a man holding a shotgun and wearing a ski mask who ordered him and three other residents to lie under a mattress. Rotela and a second man took cell phones, cameras and car keys from the residents. As the men left the room, Nichols followed them. When Rotela got to the front door, he swung around and pointed his shotgun at Nichols. Nichols fired at Rotela who then fell back onto the front walkway while the second man escaped with the stolen goods, authorities said."



Arkansas: Burglar shot while choking homeowner: "Chris Hooten, 34, of Greers Ferry, is recovering from a gunshot wound to his abdomen after a scuffle around 10:15 p.m. Friday. He reportedly entered a home without permission, fought and choked the homeowner, and was shot in the process. Hooten, and James Gadberry, 26, of Greers Ferry, reportedly went to the home of Don Brown on Shaw Road earlier in the afternoon Friday and an argument ensued. "Brown was upset over how Hooten and Gadberry reportedly treated a female," said Detective Phil Burnham with the Cleburne County Sheriff's Department. "Brown told them both to leave and they did." Hooten and Gadberry returned to the Brown home just after 10 p.m. "Brown was asleep on the couch when he heard someone beating on the door. He saw the two men outside and told them to leave." According to authorities, Gadberry and Brown said Hooten forced his way into the home, pushing the door open. "Brown fell on top of an iron stove. He got up and the two men continued to harass him. He went back to the couch where he was sleeping and pulled out a pistol." Gadberry reportedly moved toward Brown and was hit on the head. "Hooten jumped on Brown and started choking him. When he felt like he was going to pass out he fired a shot, hitting Hooten in the abdomen." Hooten made his way outside where he passed out. "Gadberry went outside too. Hooten was taken by helicopter to the White County Medical Center in Searcy. He underwent a successful surgery." The two men are being charged with residential burglary and aggravated assault.



Georgia group takes local bans down : "What began a few years ago as an online forum for gun-rights advocates has exploded into the leading group for expanding Georgia's gun laws.Since its incorporation in 2006, Georgia Carry has fired off a steady stream of lawsuits against local gun bans by leaning on a state law that bars any entity but the General Assembly from regulating the carrying and possession of firearms.Georgia Carry appears to be winning the fight against Georgia's restrictions, which it calls the most stringent in the country, according to John Monroe, the group's vice president and attorney.Restrictions on where permitted gun owners can carry weapons in public seem to be on the wane."



Fla. guns at work law upheld by federal judge : "Employees with concealed weapons permits can keep guns locked in their cars at work in Florida, but businesses are allowed to prohibit customers from bringing firearms on their property, a federal judge has ruled.The Florida Chamber of Commerce and the Florida Retail Federation, which challenged the state law that took effect July 1, huddled with their lawyers Tuesday to understand the split decision by U.S. District Judge Robert Hinkle in Tallahassee and decide whether they should challenge it.Rick McAllister, president and CEO of the retail federation, said he doesn't believe his organization will appeal."