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NY: Cuomo Stands Alone on 2nd Amendment
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In arguing that the Second Amendment case now before the Supreme Court shouldn't have any bearing on state gun control laws, Attorney General Cuomo is finding himself largely alone among state attorneys general. Mr. Cuomo filed a brief, signed onto by only four other states and Puerto Rico, to the federal high court last week in District of Columbia v. Heller, which will be heard in March. In the case, the Supreme Court will review whether Washington, D.C., residents have a right under the Second Amendment to keep handguns at home for self-protection. The District of Columbia has what amounts to a blanket ban on handguns.

NY: Wrong to earmark hunters' firearm taxes for victims of violent crimes
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In response to the Dec. 30 letter by Joe Miele: He must find it amusing to equate the use of firearms for hunting and those used in violent crimes. As a nonviolent hunter, I wonder why the excise taxes collected from my purchase of firearms, ammunition etc. go to victims of gun violence. My firearms are not used for violence; they are used for hunting (and trapping) and taxes should enhance those opportunities. The distribution of excise taxes from hunting equipment purchases and licenses is in accordance with the Pittman-Robertson Act. Hunting and fishing equipment is taxed the same way only according to the Dingell-Johnson Act. It's not an agency policy that can be shifted at will; it is federal law.

KS: Community Building houses firing range
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George Pisani leans against an old cafeteria-style table, stacked full of magazines like Gun Tests, Field & Stream and Shotgun News. A story is flowing among a group of guys about shooting wild boar at Clinton Lake. The quandary is whether a 9 millimeter will be a big enough weapon to handle the task at hand. No guarantees that it will is the general consensus. The conversation is punctuated by the sharp snap of a semi-automatic handgun report. Then a few moments later by the much older-fashioned sound of a worn steel cable on an equally aged pulley. Yeah, this is the part of the Lawrence Parks and Recreation Departments Community Building that not everyone sees.

Law Enforcement Groups, Brady Center Urge Supreme Court to Reverse Distorted Reading of Second Amendment Submitted by: RPA-PAC Website: http://www.rpa-pac.org	There are no comments on this story Post Comments \| Read Comments
Nine leading national law enforcement groups today joined the Brady Center to Prevent Gun Violence in filing a "friend of the court" brief urging the United States Supreme Court to reverse a federal appeals court ruling striking down a District of Columbia gun law as a violation of the Second Amendment.

NY: District Attorneys from Around the Country Join Together to Urge High Court to Uphold Existing Laws Against Illegal Guns
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an Francisco District Attorney Kamala D. Harris and Manhattan District Attorney Robert M. Morgenthau announced today that they are leading District Attorneys from around the country in urging the United States Supreme Court not to erode criminal laws against illegal guns. Eighteen elected District Attorneys, representing jurisdictions that include the cities of New York, San Francisco, Boston, Dallas, Chicago, Minneapolis, Detroit, San Diego, Oakland, and Atlanta have joined a friend of the court (Amicus) brief with the United States Supreme Court in the matter of District of Columbia v. Heller.

Ed.: Wow. They managed to sign up 18 of them, out of what, 1,000? 5,000?

FL: Intruder Shot Dead on the Southside Submitted by: RPA-PAC Website: http://www.rpa-pac.org	There are no comments on this story Post Comments \| Read Comments
Police are investigating a shooting on the Southside that left one man dead. Jacksonville Sheriff's Officers say the shooting happened at a home on Ivey Road Sunday night. Authorities say Gary Gene Wright, 25, called 911 and told them he'd shot someone. Wright told police he believed the man tried to break into his house. Police found 21-year-old Cordero Duran Jones dead at the scene.

Assault weapons multiply, take deadly toll [poll]
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Assault weapons are leaving a bloody trail of violence in South Florida -- and one of the most telling statistics about the trend is this number: one. Of the 69 police officers killed with firearms in the United States last year, only one was shot with an assault weapon, according to the National Law Enforcement Officers Memorial Fund. So far this year, the nation has seen only one assault-weapon police fatality. Both were in South Florida.

Ed.: There is a poll, so vote like you live in Chicago! ;-)

CA: Key district attorneys urge Supreme Court to uphold handgun ban
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Prosecutors led by the district attorneys of San Francisco and New York are urging the U.S. Supreme Court not to recognize a broad individual right to gun ownership that could endanger state and local firearms laws. The court is preparing to hear arguments in March on the constitutionality of a Washington, D.C., ban on handgun possession, with a ruling due by the end of June. A federal appeals court ruled last March that the ban violated the Second Amendment's right to keep and bear arms - the first time a gun-control law had been struck down on that basis.

Ed.: These are the "key" DAs. Never mind the DAs that represent to other ~93% of Americans...

NJ: Uneasy Mix: Suburbs and Gun Ranges
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DOWN a winding, tree-lined road near the banks of the Passaic River, trap shooters blast away outdoors at the New Jersey Clay Target Club, making it hard for David Acosta, who lives in a nearby house, to sleep in on weekends.
It can be bothersome, he said. They start pretty early.
Mr. Acosta, 28, has lived in the house since 1994 with his mother, Gladys Masterson, 49, who said she did not know about the shooting range when she moved in but now fears it will hurt the resale value of the home if she ever decides to move out.
Decades ago, most outdoor shooting ranges and gun clubs in the New York City suburbs were on the outskirts of towns.

Gray v. Combs, "The extent of the right of defense is necessarily undefined by the law of nature. Its only limit is necessity", Oct. 9, 1832
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"...2. The right of self-defense is not derived from society, but is a right which every individual brings with him into society, and retains in society, except so far as the laws of society have curtailed it..."

"...But we can not accede to the correctness of this rule; no authority is cited in support of it, and we believe none sufficient to sustain it can be found. Its recognition would singularly and essentially curtail the right of self-defense in this state, as heretofore supposed to be, and long acted upon with the approbation of all the virtue and intelligence of the community. In such a community, where the rights of self-defense are so dearly cherished..."

MN: Big boom could land amatuer bomb maker in huge trouble
Submitted by: ChareltonHest
Website: http://atfabuse.com

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The suspect admits buying 100 pounds of an explosive material advertised as 'Tannerite' from an internet website. The compound is most commonly used by long range target shooters, who aim at 8 ounce cans and know they've hit their mark when they explode. The suspect's device was the equivalent of 200 of those cans. "He had placed it inside of a barell inside the bed of an old dump truck, and shot it it with a 50 caliber rifle from 300 yards away," explained Albers.

The blast was powerful enough to rattle windows at Treasure Island, and trigger a high alert at nearby Prairie Island Nuclear Powerplant. Hunks of metal were discovered more than a quarter mile away from the suspect's property.

NC: SBI continues Investigation into Foscoe Shooting,NC Submitted by: Anonymous	There are no comments on this story Post Comments \| Read Comments
Submitter's note: An avid collector of WWII memorabilia shot by a 22 year old officer acting alone with an 8 month work history with the department. Suspect was ordered to drop weapon while answering door to officer. SBI investigation underway. Ed.: Perhaps they shouldn't send rookies out alone.

AZ: Murder charges against three local men dropped
Submitted by: Mark A. Taff

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Police initially thought Ortiz had been suffocated, but medical officials weren’t able to come to a consensus on how he died. Ortiz’s autopsy, which listed two possible causes of death, did little to clear up the issue.

...

There were also legal hurdles that the state would’ve had to overcome. Because Ortiz had a history of domestic violence, the defense would have had a legitimate self-defense claim for defense of a third person, Huss said.

That defense justifies another’s use of physical force to protect a third person if, under the circumstances, a person believes “physical force is immediately necessary to protect another against a person’s use of unlawful physical force,” Huss said.

When Gun Rights and Property Rights Collide
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My first instinct was to be on the side of the NRA. What right does an employer have to prohibit me from having a firearm in my vehicle? and What right does my employer have in even asking and/or searching the contents of my car? were my first thoughts. But then it occurred to me that we are dealing with a voluntary relationship between private citizens (an employer and an employee) that can be ended at any time for any reason by either party (assuming we are operating on the principle of life, liberty, and property). An employee of a company has a choice to either honor his employers wishes or find another job because the employer has obligation to allow employees to park on his or her property at all.

Grainger v. The State, "He shot only to protect his person from threatened violence", 1830
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"...Catron, J., [who later became a Justice with the U.S. Supreme Court*], delivered the opinion of the court..."

"...He shot only to protect his person from threatened violence, and that great. It was certain. Henson sat quietly on the fence; the women and Rainey did not open the door; they were, no doubt, afraid of Broach, who displayed the traits of a reckless bully, and would have attacked Grainger the moment he reached him, as well in the house as out of it. It behooved (p.462)Rainey not to permit the attack in a cabin, amongst women and children, in the dark. He did right not to open the door..."

"...then the killing would have been in self-defence..."

Commonwealth v. Blanding, "The liberty of the press was to be unrestrained . . . like the right to keep fire arms", 1825
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"...Parker C[hief]. J[ustice]. delivered the opinion of the Court..."

"...Besides, it is well understood, and received as a commentary on this provision for the liberty of the press, that it was intended to prevent all such previous restraints upon publications as had been practised by other governments, and in early times here, to stifle the efforts of patriots towards enlightening their fellow subjects upon their rights and the duties of rulers. The liberty of the press was to be unrestrained, but he who used it was to be responsible in case of its abuse; like the right to keep fire arms, which does not protect him who uses them for annoyance or destruction..."

GA: NRA-backed gun bill fast-tracked in the Georgia Senate
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A contentious gun bill that's pitting the business wing of the Republican Party against the National Rifle Association is moving swiftly through the state Senate. The chamber's Rules Committee is set to hold a hearing on the measure Tuesday and it's expected to reach a floor vote by the end of the week, the Legislature's first back in session. At issue is a bill that would allow employees to leave firearms in their locked vehicles at work.

CA: San Francisco Handgun Ban Overturned, MSM Yawn
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On January 9, a California appeals court struck down San Francisco's 2005 ban on handguns, citing that local governments lack authority under California law to enact such a ban. While this is a state law struck down on state constitutional grounds, not the 2nd Amendment to the U.S. Constitution, it is a major victory for gun rights advocates -- in a liberal Democratic state no less -- in a presidential election year in which the Supreme Court of the United States is hearing a 2nd Amendment case in March (District of Columbia v. Heller). Yet while the San Francisco Chronicle's Bob Egelko covered the story on January 10, I'm having trouble finding any coverage elsewhere in the media.

Government argues gun restrictions 'permitted by the 2nd Amendment'
Submitted by: AJ

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Paul Helmke, of the pro-gun control Brady Campaign to Prevent Handgun Violence, told the Times he salutes the administration for its position.

But Alan Gura, who is heading up the challenge to the handgun ban, told the newspaper he was troubled Clement suggested more hearings on the case.

"We are very disappointed the administration is hostile to individual rights," he told the paper. "This is definitely hostile to our position."

Submitter's note: The federal government is moving fast to get all the controls in place before the dollar crashes. This means disarming the people and full overseeing of all phone and email contacts by all citizens.

U.S. Supreme Court Denies Certiorari
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On January 4, 2008, the Judges of the Supreme Court of the United States voted to deny the Petition for Writ of Certiorari in the landmark Right-to-Petition case We The People v. United States.

Without comment, the Supreme Court decided not to hear We The People v. United States, a case which, if heard, would have required the Court to declare -- for the first time history -- whether the Government is obligated to respond to proper Petitions by ordinary, private individuals for Redress of Grievances specifically Grievances alleging unconstitutional behavior by the Government, and whether the individual having so Petitioned, has the Right to act to peacefully hold the Government accountable if the Government refuses to respond.

VA: Crazed, Deranged Vets?
Submitted by: Mark A. Taff

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We are breaking a new year's resolution to ignore the New York Times, because the newspaper is engaged in one of its unkind hobbies - slandering American soldiers.

...

In the most recent story in this crazed vet genre, the Times bases its story on 121 cases in which veterans of Iraq or Afghanistan committed a killing or were charged with one.

...

...121 murders represent a 7.08/100,000 crime rate. Because the bloggers could not determine the precise numbers (the last official Pentagon figures were for 2005), they upped the rate by 40 percent to 10/100,000.

How does that compare with the general population? It's lower.

Ed.: Well worth the read.

State v. Robert S. Huntley, "For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun", 1843
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"...It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use a gun of some sort. . . . But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (p.423)offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people..."

The State v. J.B. Chandler, "which is calculated to incite men to a manly and noble defence of themselves, if neccessary, and of their country", 1850
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"...It interfered with no man's right to carry arms (to use its words) "in full open view," which places men upon an equality. This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if neccessary, and of their country, without any tendency to secret advantages and unmanly assassinations..."

"...In these cases he is not obliged to retreat but may pursue his adversary until he has secured himself from all danger, and, if he kill him in so doing, it is called justifiable self-defence." ..."

Bad Brief: The Bush DOJ shoots at the Second Amendment
Submitted by: Mark A. Taff

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By John R. Lott Jr.

A lot of Americans who believe in the right to own guns were very disappointed this weekend. On Friday, the Bush administration’s Justice Department entered into the fray over the District of Columbia’s 1976 handgun ban by filing a brief to the Supreme Court that effectively supports the ban. The administration pays lip service to the notion that the Second Amendment protects gun ownership as an “individual right,” but their brief leaves the term essentially meaningless.