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Newslinks for 10/1/2011

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CleanUpATF speculates on imminent management shakeup
Submitted by: David Codrea
Website: http://www.davidcodrea.com

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... "With the understanding that this is, at this time, unverified speculation, it is nonetheless valid to present it to those following the 'Project Gunwalker' story as something to keep an eye open for, not only because it would make sense, but also because of the track record such forum posts have enjoyed in terms of being corroborated as new developments and documents are made known."
 

Peter Boyles Show Talks ATF and Medical Marijuana (podcast)
Submitted by: David Codrea
Website: http://www.davidcodrea.com

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"Peter's guest this hour was gun advocate David Codrea who spoke about the gun legislation that will deny MMJ card holders the opportunity purchase a gun."
 

Judge rules Constitutionally guaranteed right to bear arms merely a privilege
Submitted by: Bruce W. Krafft

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"A federal lawsuit filed in Texas last year seeks to repeal the prohibition, as part of the Gun Control Act of 1968, on handgun purchases by 18 to 20-year-olds from licensed dealers. That lawsuit has hit a snag, with U.S. District Judge Samuel Cummings dismissing it yesterday. ..." ...

"Judge Cummings' rationale is especially . . . interesting:" ...
 

WA universities should study Oregon ruling on campus CCW
Submitted by: Bruce W. Krafft

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"A ruling by the Oregon Court of Appeals this week is causing no small degree of consternation among Beaver State university officials, and their colleagues north of the Columbia River might want to give the issue some attention because it overrules campus bans on firearms thanks to Oregon’s preemption statute."

"Washington adopted state preemption in 1983 and strengthened it two years later. The Evergreen State law has become a model for preemption statutes in several other states. Yet here in Washington, universities and colleges still prohibit even legally-licensed students, staff and teachers from being armed on campus, under state administrative codes."

"Those codes, say gun rights activists, do not trump state law." ...
 

Question of the Day: What’s the Matter with (Most) Gun Stores?
Submitted by: Bruce W. Krafft

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"Face it, most gun stores suck. Big time. Far too many of them are dark and dingy, poorly stocked, located in iffy neighborhoods and staffed by cranky, greasy-fingered old bastards as friendly as Brezhnev and sorely in need of a Tic Tac. Or six. It’s bad enough dealing with stores like that if you’re a reasonably experienced 'gun person.' But can you imagine what shopping there is like for a rank noob? Let alone a woman wanting a little advice for buying her first gun…" ...
 

Setpoint Custom Ammo: Best Promo Video Ever? (video story)
Submitted by: Bruce W. Krafft

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WI: Serene country living gives way to shooters gone wild
Submitted by: Bruce W. Krafft

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"The recent Journal article entitled, 'Gun-shooting etiquette draws heavy barrage' was interesting, however, there were so many inaccuracies, misrepresentations and contextual omissions that there’s not sufficient space in this letter to correct them all."

"But who cares? Everyone loves tabloid-style entertainment!"

"One thing the Journal did get correct was that the topic is about 'etiquette' (politeness, manners, decorum), particularly regarding gun noise."

"It’s not about gun rights, or the Second Amendment, of which I happen to be an ardent supporter." ...
 

ND: Elderly ND man hold intruder at bay with handgun
Submitted by: Bob Anderson

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"An 82-year-old Jamestown man held an intruder at gunpoint before turning him over to authorities." ...
 

NY: Retired Police Officer Shoots and Kills Suspect in Attempted Robbery
Submitted by: GunPoliticsNY
Website: http://www.gunpoliticsny.com

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"Sources tell Eyewitness News that a retired police officer interrupted a robbery in progress near a home on John Paul court, in the vicinity of William & Fillmore Avenue on the east side of the city." ...

"Two men had originally approached the 71 year old victim, as he got out of his vehicle in his nearby driveway just after 12:30pm. They robbed the victim of an undisclosed amount of cash. 'However, the victim pulled out a gun, which he possesses legally, and a struggle ensued with the suspects,' according to Richards."

"During the struggle, one shot was fired, and the two suspects fled on foot. The one suspect, who had been shot, collapsed... and the other fled with the victim's cash ..." ...
 

ATF Death Watch 90: ATF Fast and Furious Epic Fail Hits Home (video available)
Submitted by: Bruce W. Krafft

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"I don't like the term 'epic fail.' It's misused almost as frequently as 'awesome'—which should be reserved for something so impressive that contemplating its existence is like standing mute in the face of God. But the ATF's Operation Fast and Furious is an epic fail. It involves at least eight major U.S. federal law enforcement agencies ... That's because the ATF's 'guns for goons' program was part of a wider America effort to get a handle on the American-financed (however inadvertently) Mexican drug wars. You know; the wars between the cartels, both with and against the Mexican government. The Obama administration’s government-wide covert effort has been—and will be—a failure of enormous magnitude. ..." ...
 

New Fast and Furious docs released by White House
Submitted by: Bruce W. Krafft

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"Late Friday, the White House turned over new documents in the Congressional investigation into the ATF 'Fast and Furious' gunwalking scandal."

"The documents show extensive communications between then-ATF Special Agent in Charge of the Phoenix office Bill Newell - who led Fast and Furious - and then-White House National Security Staffer Kevin O'Reilly. Emails indicate the two also spoke on the phone. Such detailed, direct communications between a local ATF manager in Phoenix and a White House national security staffer has raised interest among Congressional investigators looking into Fast and Furious. Newell has said he and O'Reilly are long time friends." ...
 

'Fast and Furious' Guns Found in U.S. (video)
Submitted by: Bruce W. Krafft

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ATF Death Watch 91: DOJ Considers Eliminating ATF
Submitted by: Bruce W. Krafft

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"'Multiple sources, including sources from ATF, DOJ and Congressional offices have said there is a white paper circulating within the Department of Justice, outlining the essential elimination of ATF,' townhall.com reports. 'According to sources, the paper outlines the firing of at least 450 ATF agents in an effort to conduct damage control as Operation Fast and Furious gets uglier and as election day 2012 gets closer. ATF agents wouldn’t be reassigned to other positions, just simply let go . . ." ...
 

Iowahawk Satirizes Operation Fast And Furious
Submitted by: Bruce W. Krafft

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"Iowahawk is one of the best satirists on the scene today. In a post he did today, he imagines a phone call between President Obama and a Mexican leader. The topic of Operation Fast and Furious comes up because the Mexican leader's son was murdered by the drug cartels with a firearm provided by ATF. An excerpt is below but follow the link to read the whole thing." ...
 

Operation Fast and Furious - The Scandal that Can No Longer be Denied
Submitted by: Bruce W. Krafft

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"The usual truism is that many politicians make the mistake of not coming completely clean when allegations of wrongdoing surface. The cover-up, it is said, is often worse than the underlying crime or ethical violation. This has often been cited as the mistake made by people including Richard Nixon (Watergate break-in), Bill Clinton (Lewinsky, not to mention Filegate and Travelgate), and John Edwards ... There is a long list."

"But in some cases, the crime, or lapse in judgment, is definitely worse than the cover-up. That appears to be the case in a simmering scandal engulfing the Obama administration that the mainstream media have tried their best to ignore for many months. It is known as Operation Fast and Furious." ...
 

Fast and Furious: A Lawless, Tax-Payer Funded (Impeachable?) Offense
Submitted by: Bruce W. Krafft

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"While the mainstream media continues to cover important stories about the 'racist' Tea Party, the need to tax the ultra-rich, or Michelle Obama’s recent shopping spree at Target, details of Fast and Furious continue to effervesce below the surface. And while Obama tweaks his jobs plan for the umpteenth time, takes a few more vacations, and blames the American people for the misery he himself has caused, Congressman Darrell Issa (R-CA) and Senator Charles Grassley (R-IA) continue to demand answers as to who knew what and when regarding the 2,500 weapons that were sold to straw purchasers and then carried into Mexico without so much as a whimper from ATF supervisors." ...
 

Feds: Gun Ownership and Medical Pot Don't Go Together
Submitted by: Bruce W. Krafft

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"If you have a medical marijuana card, the feds don't want you to have a gun."

"The revelation comes not from a new law but from a letter put out by the Bureau of Alcohol, Tobacco, Firearms and Explosives last week, the Associated Press reports. The letter states: 'There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law.'"

"This latest move is making strange bedfellows of Second Amendment enthusiasts and medical pot advocates. Both groups are complaining that thousands of people in the 16 states that have legalized medical pot could have their gun rights taken away from them. ..." ...
 

No Guns for Medical Marijuana Users
Submitted by: Bruce W. Krafft

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"Federal law states it is illegal to possess a firearm if you use a controlled substance1. Marijuana -- even medical marijuana -- is considered a controlled substance."

"In a response to multiple gun dealers, the Bureau of Alcohol, Tobacco, Firearms and Explosives explained, 'There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law.'" ...
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Submitter's Note: 1Not quite: Form 4473 asks "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" [emphasis added] Arguably if you have a MMC you are not an unlawful user any more than someone with a prescription for Oxy is an unlawful user of Oxy.
 

AZ: Medical Marijuana and Guns: Bad Idea?
Submitted by: Bruce W. Krafft

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"The U.S. Alcohol, Tobacco and Firearms Bureau -- which, as we noted earlier this week, is the same agency that lets drug cartel members buy guns -- is warning firearms dealers not to sell guns to medical marijuana users." ...

"Clearly, that's a bit of a problem here in gun-lovin', medical-weed-smokin' Arizona." ...

"[Our colleague Ray] Stern goes on to mention that 'It doesn't appear, however, that the ATF has the power to cross-check gun purchases with the state's list of marijuana card-holders, meaning that from a pot patient's point of view, the system is somewhat 'on-your-honor.' ...'" ...
 

Imagining a Christie Campaign for President
Submitted by: Bruce W. Krafft

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... "Mr. Christie, 49, a first-term governor whose paucity of government experience may be just what the doctor ordered, is a jumble of political contradictions. He’s a conservative with some liberal views, a New Jersey politician who can bully but also frequently talks about compromise, and an obviously reluctant candidate who clearly hears the call of the national stage." ...

"... On gun control, Mr. Christie is out of step with Second Amendment supporters who view with suspicion any laws that restrict access to firearms."

"When Jon S. Corzine, the former Democratic governor of New Jersey, accused him in 2009 of standing with the [NRA], Mr. Christie’s campaign noted his support of the federal assault weapons ban. ..." ...
 

Lead Ammunition is Safe! For Now . . .
Submitted by: Bruce W. Krafft

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"Last year, the Center for Biological Diversity’s (CBD) filed a lawsuit against the Environmental Protection Agency (EPA). The CBD wanted to force the EPA to ban lead ammunition. To quote Sgt. Carter, diss-missed! As you’ll no doubt recall from our August 2010 post on the proposed ban, the CBD’s petition included lead ammo and fishing tackle lead on their hit list. Sportsmen responded in [symbolic] force; hunters, target shooters, fishermen and their proxies overwhelmed the EPA with comments and feedback. None of it particularly supportive. Shortly after the petition was filed, the EPA rejected the portion relating to lead ammunition . . ." ...
 

WA: Are lawmakers quietly trying to bury state’s unique self-defense statute?
Submitted by: Bruce W. Krafft

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"Next Tuesday in Olympia, the House Judiciary Committee is holding a work session to discuss something called 'unjust conviction compensation,' but it also appears they will be looking at a way to repeal this state’s unique self-defense compensation statute." ...

"State RCW 9A.16.110 – the only law like it anywhere in the country – provides reimbursement for anyone who must defend himself or herself in court after having to defend themselves against a violent crime and winding up facing criminal charges. Simply put, people subjected to prosecution for having acted in self-defense should not be financially penalized. The state, under the existing statute, should pay that individual’s reasonable legal bills. ..." ...
 

OH: The "de-Tafting" of Ohio's concealed carry laws is nearly complete
Submitted by: Bruce W. Krafft

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"When Ohio's concealed carry law passed in 2004, then-Governor Bob Taft made sure to insert poison pills designed to make it nearly impossible for a citizen to carry legally. It took nearly seven years, but as of today, September 30, 2011, the onerous car-carry restrictions that Taft created and that made countless honest Ohioans into felons are being relegated to the political scrap heap." ...
 

Jennings et al v. BATFE et al Loses In District Court
Submitted by: Bruce W. Krafft

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"The NRA challenge to the ban on purchases of handguns from licensed dealers for those over 18 but under 21 was found in the favor of the defendants by U.S. District Court Judge Sam Cummings yesterday. The suit, Jennings et al v. BATFE et al (former D'Cruz v. BATFE), was brought in the U.S. District Court for the Northern District of Texas."

"The NRA brought this suit approximately one year ago along with a companion suit against the State of Texas ..." ...

"The first thing Judge Cummings considered was whether the plaintiffs had standing to sue. The DOJ attorneys sought to have the case dismissed ... saying that the court lacked subject matter jurisdiction over the complaint. Judge Cummings denied their Motion to Dismiss" ...
 

Videotape and the Scope of Traffic Stops Under the Fourth Amendment
Submitted by: rick schwartz
Website: http://www.weprotectyourkids.com

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... "... By way of background, the officer pulled over a car for a seatbelt violation. A lot of questioning followed, and the officer ultimately searched the car and found a firearm that led to charges against Macias for being a felon in possession of a gun. The defendant, Macias, argued that the officer improperly extended the duration of the traffic stop by asking lots of questions unrelated to the seatbelt violation:" ...
 

WV: Court abstains from gun law case
Submitted by: West Virginia Citizens Defense League, Inc.
Website: http://www.wvcdl.org/

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"A federal judge will abstain in a case challenging the city of Martinsburg's gun laws because the issue should go through state court first."

"U.S. District Judge John Preston Bailey of the Northern District of West Virginia issued his order of abstention earlier this month, agreeing with the city's position." ...
 

FL: Irresponsible Gun Owner of the Day: Chief Charles Hurley
Submitted by: Bruce W. Krafft

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"Miami Dade Schools Police Chief Charles Hurley seems to subscribe to Caligula’s leadership theory; 'let them fear me as long as they obey me'. Sure, that may not make him a lot of friends, but it can be effective. For a time, anyway. A lot depends on what you do to instill that fear…"

"Whipping out your Glock and then unloading it [at] a staff meeting of more than a dozen command and civilian employees might be frowned upon by some experts in organizational behavior. But the Chief is unrepentant. ..." ...
 

FL: West Palm Beach Mayor Scraps Police Escorts, Tries Again
Submitted by: Bruce W. Krafft

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"West Palm Mayor Jeri Muoio is still making it up as she goes along. She’s been frustrated by the failure of her first two efforts to thumb her nose at Forida’s new enhanced state law that prevents her from enforcing local anti-gun measures that are more restrictive than anything on the state’s books. Now she’s reached back into her bag of too-cute-by-half gun controller’s tricks to come up with yet another new policy for dealing with lawful concealed carriers who want to enter city hall to transact business." ...
 

OH: Ohio gun law opens to mixed reviews in Zanesville area
Submitted by: Bruce W. Krafft

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"As you sit in your favorite tavern, devouring hot chicken wings and downing cold beer, could the person next to you be packing heat -- legally?"

"Yes, starting today, when Ohio's revised concealed-carry law takes effect."

"Under the law, people licensed to carry a concealed weapon now are allowed to bring a gun onto liquor-permit premises, such as carry-outs, restaurants, nightclubs, hotels, shopping malls and museums ..."

"Muskingum County Sheriff Matt Lutz said he, along with the Buckeye Sheriff's Association, opposed the change."

"'This could lead to possible issues. Mixing guns with alcohol just increases the odds of something not good happening,' Lutz said." ...
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Submitter's Note: Well Matt you'd better come 'round to my house to confiscate either my guns (good luck with that) or my booze, 'cause I've got about 40 gallons of home-made wine and beer, plus a few dozen bottles of Scotch, Rum and other hard liquors. And as you say, "mixing guns with alcohol just increases the odds of something not good happening" so I must be in terrible danger!
 

CA: Former Concord officer sentenced in marijuana grow
Submitted by: Bruce W. Krafft

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"A former Concord police officer has been sentenced to 18 months in federal prison for his role in a marijuana growing operation."

"Despite a claim by Damon Rydell that he thought that California's medical marijuana law allowed him to grow marijuana, the judge in the case still ordered him to serve time in prison." ...
 

OH: Officials don't expect problems with relaxed gun law
Submitted by: Bruce W. Krafft

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"Local law enforcement doesn't expect many issues with a change in concealed carry law that takes effect today."

"'It's actually a relaxing of a law,' Newark Police Capt. Barry Connell said. 'We may actually receive a higher number of calls from people who aren't aware of the changes.'"

"The law's main changes include: allowing permit holders to carry their weapons into places that serve alcohol, provided they themselves aren't intoxicated and don't drink; allowing a weapon to be anywhere in a car, as long as kids don't have access to it; and removing a firearm disability designation for non-felony drug convictions." ...
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Submitter's Note: Wait you mean the antis were wrong when they said the sky would
 

CA: Law enforcement says it's business as usual as realignment unfolds
Submitted by: Bruce W. Krafft

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"Worried about an influx of new felons. Some are taking self protection literally into their own hands. Jenn McKenna is assistant manager at 2nd Amendment Sports. She says she's had two recent gun customers specifically cite the prison realignment. 'They are worried about stuff already going on and they are worried about an increase because of you know, more an increase in possibility they are going to be broken into.'"

"But is the newfound fear warranted? The sheriff's department says probably not. ..." ...
 

MO: Max Motors targeted by ATF, banks and General Motors
Submitted by: Doug Charette

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"Despite the White House harassment, and the loss of financing and insurance arrangements that came in the past, the Butler, Mo., car dealer who will be giving away AK-47’s again starting in October." ...
 

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