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Newslinks for 11/29/2007

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ABC News displaying its bias against guns
Submitted by: Red's Trading Post
Website: http://www.redstradingpost.com

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FULL TEXT BELOW:

On ABC's World News Tonight with Charles Gibson, Reporter Jeffrey Kofman claims that shootings are up because Bush and Congress allowed the 1994 Assault Weapons ban to expire.

Kofman, who earlier wondered why anyone would "out" him for being a Canadian, is clearly trying to push his Canadian Gun Control ideals on viewers under the guise of protecting police. With the HR 1022 Assault Weapons Ban looming, expect to see more of the national medias clear Bias Against Guns.
 

Where does your Attorney General stand on the Second Amendment?
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com/

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"After reading the post on Of Arms and the Law, I contacted Idaho Attorney General Lawrence Wasden (pictured) to join other Attorney Generals in support of the Second Amendment. That the Second Amendment is clearly a right of individuals to bear arms, rather than state militias."

"I will post Mr. Wasden's response. I encourage others to write to their Attorney Generals and I will post their responses as well." ...

"The line has clearly been drawn and I am eager to see where these elected officials stand!"
 

The Second Amendment: 13 + 14 = 27
Submitted by: Bruce W. Krafft

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"Contrary to gun lobby dogma, there are actually 27 words in the Second Amendment." ...

"There is the 'Militia purpose' clause, with 13 words. Then there is the 'keep and bear Arms' clause, with 14 words. Two clauses and 27 words. This is an uncomfortable fact to those accustomed to reading only half of the Amendment, reciting the last 14 words over and over again as if the first 13 didn’t exist."

"The Constitution says they do exist, and so we must read the whole Second Amendment. We must give effect to all of its words – not just the ones we like – to understand what the Amendment means." ...
-------

Submitter's Note: Yes, read the whole Bill of Rights and show one place where people does not mean individuals.
 

Paul Helmke: The will of the people must not be overruled
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Last March, the District of Columbia saw judicial activism replace the will of the people."

"Last week, with news that the U.S. Supreme Court has taken the appeal of D.C. v. Heller, the justices can set things right."

"More than 30 years ago, the elected representatives on the D.C. City Council decided to enact a system of strict gun laws to help protect public safety. The people in D.C. strongly support these laws. The District's police strongly favor them as well."

"The District's decision has been attacked over and over again by outside interests more concerned with pleasing the gun lobby than respecting the will of the people. ..." ...
-------

KABA Note: It is good to know that the Brady Bunch would have opposed Brown v. Board of Education wherein 'judicial activism replaced the will of the people' and overturned segregation.
 

Statement Of Paul Helmke: Sean Taylor, Gun Violence, And The Need For Tougher Gun Laws
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"'On the football field, Washington Redskins' standout Sean Taylor was an extraordinary talent, a force that 300 pound linemen could not contain and that the greatest receivers feared. Yet it took one bullet to end his promising life at the age of twenty-four. He left behind a one and a half year old daughter who will grow up fatherless, parents who will never see their son reach his vast potential, and a grieving community of fans and friends.'"

"'While there are still many unanswered questions about the circumstances, one fact is undeniable: Sean Taylor’s tragic, untimely shooting death is the latest example that in America no one is safe from the scourge of gun violence. ...'" ...
 

Rev. Jackson Calls for Gun Restrictions After NFL Star Sean Taylor’s Shooting Death
Submitted by: Bruce W. Krafft

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"Rev. Jesse L. Jackson Sr., founder and president of the Rainbow PUSH Coalition, is extending his condolences to the family of Sean Taylor, the Washington Redskins football family and the National Football League."

"'The loss of life from a senseless act of gun violence is a tragedy,' says Rev. Jackson. 'Sean Taylor was a father, brother, teammate, friend to many and a loving son. He will be greatly missed.'"

"Mr. Taylor died early this morning at Jackson Memorial Hospital in Miami after being shot on Monday during an apparent home invasion." ...
 

Clayton Cramer: Time For Idaho Attorney-General Wasden To Take Action
Submitted by: Red's Trading Post Inc.
Website: http://www.redstradingpost.com

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FULL TEXT BELOW:

I mentioned a couple of days ago that Michigan's Attorney-General wrote a opinion piece for the Wall Street Journal about the D.C. gun control suit before the U.S. Supreme Court. It turns out that a number of state attorneys-general are preparing amicus curiae briefs in support of the individual rights understanding of the Second Amendment. Red's Trading Post wants Idaho's Attorney-General Wasden to do likewise. It seems appropriate to me, especially when you look at the nonsense that Red's is having to go through just to stay in business. Idaho residents, this is your chance to do your part: contact Wasden, and tell him to join the parade.
 

Amendment doesn't pack an absolute right
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The language of the Second Amendment is a puzzle. Those that oppose gun control, like the National Rifle Association, focus on the last clause and see the Second Amendment as creating an individual right to keep and bear arms. But those who favor gun control see the purpose of the amendment in its first words: to keep Congress from regulating guns in a manner that keeps states from protecting themselves."

"From this perspective, the Second Amendment was meant to keep Congress from interfering with state militias. In court decisions and law review articles, there has been an intense debate over these two positions. Each side defends its view by pointing to the history surrounding the amendment ..." ...
 

Should guns used for self defense be banned in Washington, D.C.?
Submitted by: Bruce W. Krafft

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"The Second Amendment in the Bill of Rights may contain one of the most heatedly debated sentences ever written."

"There is no authoritative legislation on what rights the Second Amendment may actually protect, but what is clear is that the rights granted by the second amendment 'shall not be infringed upon,' but infringed upon by who?"

"In the case of the Washington, D.C. ban on handguns it should be obvious that the rule imposed should remain in place, because it is a mandate from the city's government, not from the Federal government." ...
 

Rule for a realistic middle ground
Submitted by: Bruce W. Krafft

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"Oh, those (con)founding words!"

"If only the Constitution's authors had Strunk and White's definitive 'Elements of Style' in their waistcoat pockets (be clear ... avoid the use of qualifiers) we might not be arguing two centuries later about what they meant."

"But the Second Amendment ... was ratified with a clunky, murky opening clause ..."

"Blech. Does that mean gun rights are individual? Or does it tie the right to bear arms to a collective defense of the state against federal tyranny?"

"Finally, early in the Third Millennium, the U.S. Supreme Court is poised to answer that question directly, in a case involving a sweeping handgun ban in the nation's capital." ...
 

Constitution, law's results side with individuals
Submitted by: Bruce W. Krafft

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"To analyze what 'the right of the people' means in the Second Amendment, it's helpful to look elsewhere within the Bill of Rights for guidance. The First Amendment speaks of 'the right of the people peaceably to assemble.' No one seriously argues that the right to assemble or associate with your fellow citizens is predicated on the number of citizens or the assent of a government. It is an individual right."

"The Fourth Amendment says, 'the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.' The 'people' here does not refer to a collectivity, either."

"The rights guaranteed in the Bill of Right are individual. ..." ...
 

Local couple gets inside look at landmark Supreme Court case
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The U.S. Supreme Court announced last week that it would hear a landmark case involving the Second Amendment to the U.S. Constitution and whether or not the right of citizens to keep and bear arms is a private right." ...

"White County couple and Second Amendment activists Mike and Valinda Rowe, along with many other Illinois firearm owners, are watching the case very closely. The Rowes said a Supreme Court ruling affirming the right of individuals to keep and bear arms could have far-ranging effects throughout the nation and especially in Illinois, which is one of only two states left in the country that does not have a concealed carry law." ...
 

Legal Times: Defining 'Arms' For Modern Man Is The Second Amendment's Real Conundrum
Submitted by: Brent Greer
Website: http://thereadyline.blogspot.com

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"Just when you think the Legal Times is on the right track . . ."

"'With most constitutional provisions, we have little difficulty in concluding that the Framers would have intended them to apply to technologies developed after 1789, when the Constitution was ratified. The Supreme Court has very sensibly concluded that the First Amendment’s guarantee of freedom of speech and the press applies to television and the Internet ...'"

". . . Then they throw you this:"

"'In the case of the Second Amendment, however, we cannot conclude that reasonable Framers would have intended to give individual citizens a right to possess Stinger missiles, which can bring down large planes from miles away, or rocket-propelled grenades ...'" ...
 

Lawyers Lined Up To Help Plaintiffs in DC v. Heller
Submitted by: Brent Greer
Website: http://thereadyline.blogspot.com

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FULL TEXT BELOW:

This is interesting from the Legal Times. Apparently there are attorneys across the U.S. who have been calling the Cato Institute, practically begging for the opportunity to argue the plaintiff's case.
 

Listen to Reason: The Bill of Rights Is a Package Deal
Submitted by: Bruce W. Krafft

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"The Supreme Court's decision to hear District of Columbia v. Heller ... provides a welcome opportunity to air out a subject that has grown musty from malign neglect. ..."

"But reasonable interpretations of the Constitution are rare in certain circles, so in the coming months the public will be told that the second item in a Bill of Rights written explicitly to protect individual liberties does not apply to individuals. In the reading of gun-control advocates, the Founders wrote the First Amendment to protect individual rights -- then took a wide detour exempting individual rights in order to preserve only a collective right to state militias . . . then doubled back to the protection of individual rights for the rest of the amendments." ...
 

MO: Gun-toting grandma foils burglars
Submitted by: Bruce W. Krafft

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"A gun-toting grandmother in Missouri foiled a pair of would-be burglars."

"Police ... said she temporarily captured Faith Barrick ... and a teenage boy ... The pair escaped when she went to her telephone to call police but two suspects were arrested three hours later based on the description she gave."

"The grandmother was eating lunch with one of her grandchildren when she saw a woman in her yard ... She got her gun and waited while the teenager broke through her door."

"Barrick contacted police before her arrest, claiming she had stopped at the woman's house because of car trouble and the woman pulled a gun on her ..."

"Barrick and the 16-year-old boy are suspected of carrying out other burglaries in the area ..." ...
 

Op-Ed: Gun Rights and Presidential Politics
Submitted by: Bruce W. Krafft

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"The debate over individual gun rights just has become a front line issue in the 2008 presidential campaign. The United States Supreme Court decision to hear arguments on District of Columbia v. Heller, the D.C. gun ban case, guarantees it."

"...With nearly 100 million American gun owners and a fluid nominating process in both primaries, Second Amendment voters matter. In fact, their votes could be the deciding factor in the volatile Iowa and New Hampshire contests propelling the winner into the pivotal South Carolina and Florida primaries."

"Second Amendment voters are strict constitutionalists and will be closely watching how the presidential candidates address the gun issue." ...
 

Handle Your Guns Properly Around Duncan Hunter
Submitted by: Bruce W. Krafft

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"Questioner Jay Fox: As in any small town, we like our big guns. (cocks gun) Don't you can answer any way you like."

"Duncan Hunter points out the safety infraction the questioner committed. Man, he's like a loveable grandpa."

"Another questioner asks Rudy why he felt gun owners should have to pass a written exam."

"Rudy: We have to be very aggressive about the gun laws that exist. I enforced all laws aggressively. What I believe is that the Second Amendment ensures a right to bear arms, and government can issue reasonable regulations. (Gets booed.) He cites criminal background checks. Seems to advocate something of a federalist approach. Cites the upcoming Supreme Court Parker case." ...
 

Rudy Presses Suit
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Candidate Rudy Giuliani pledges to appoint strict-constructionist judges who won't make policy from the bench, because 'making laws is the responsibility of an elected legislature.' ... As mayor of New York City, he launched lawsuits that sought liberal rulings to punish gun manufacturers ... When elected legislatures made laws with which he disagreed, this Giuliani thought it was a judge's responsibility to legislate from the bench."

"In late September, Rudy Giuliani appeared at a National Rifle Association conference to assure the audience that he opposes any new restrictions on gun ownership ... On the same day, the nation's biggest gun manufacturers filed an appeal to overturn a ruling that had allowed a suit brought against them by Mayor Giuliani to proceed." ...
 

VA: Kaine wants gun show sales to require background checks
Submitted by: Bruce W. Krafft

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"Gov. Timothy M. Kaine called Tuesday for new restrictions on firearm sales at gun shows but stopped short of declaring passage of the legislation as a high priority for the 2008 General Assembly session."

"Under current law, background checks on buyers are not required by unlicensed dealers [sic] who privately sell and trade firearms at the shows."

"Kaine endorsed closing the loophole, saying it provides an opening for felons and mentally ill people to buy weapons they are otherwise forbidden to purchase." ...
 

Luther v. Borden, U.S. Supreme Court, "Society has nothing to do with natural rights except to protect them", Jan. Term, 1849
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"...'I do, therefore, issue this my proclamation, to make known the same unto the good people of this State, and all others, that they may govern themselves accordingly. And I do warn all persons against any intercourse or connection with the traitor Thomas Wilson Dorr, or his deluded adherents, how assembled in arms against the laws and authorities of this State, and admonish and command the said Thomas Wilson Dorr and his adherents immediately to throw down their arms..."

"...That no resistance to law is to be countenanced, unless in case of oppression irremediable otherwise..."

"...There are three classes of rights: natural, such as those recognized in the Declaration of Independence..."
 

Increasing Assault Weapons in Criminal Hands
Submitted by: Red's Trading Post
Website: http://abcnews.go.com/WN/story?id=3919547

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"The Palm Beach County Sheriff's Department is building up an arsenal of bigger weapons. Handguns and shotguns are no longer enough, and officers are being equipped with semiautomatic assault rifles instead."

"Cpl. Paul Rubino of the sheriff's department had a matter-of-fact explanation for the upgrade, 'All I know is that we should have the same firepower as the bad guys.'"

"His explanation is justified by multiple incidents. In September, a suspect wielding an AK-47 fired on Miami-Dade County police officers, killing one and injuring three. ..."

"Police departments from Danbury, Conn., to Dallas to Portland report that they are encountering more assault weapons and are arming their officers accordingly." ...
 

FL: High-Tech Drones Joining Miami Police Force
Submitted by: Anonymous

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"The Miami-Dade police department will begin experimenting with high-tech drones as law enforcement tools beginning next year."

"Although the military has been using unmanned aircraft systems for years, this will be the first time they are used in law enforcement."

"'We are aware it is a great responsibility. The FAA is looking at us to see if we can professionally manage this program,' said Lt. Cliff Nelson of the police department's aviation unit."

"The flying camera is called a Micro Air Vehicle made by Honeywell. The MAV is remote controlled, unarmed and unmanned and can soar over 10,000 feet." ...
 

IN: Fort Wayne Officer Charged
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

Allen County prosecutors have charged a Fort Wayne police officer with domestic battery, but it is not a felony case.

Officer Anthony Scatena is accused of grabbing a woman by the throat in his home on Highgate place back on November 17th, and striking her in the head several times during an argument.

Scatena told investigators the woman pulled a knife on him, but his account of what happened changed during follow-up interviews.

Scatena has been suspended since the incident.

Officers convicted of felonies automatically lose their job, because felons are barred from carrying a weapon, but there could still be disciplinary consequences for Scatena even though the charge is only a misdemeanor.
 

IL: Cop in road rage case fighting DUI charge
Submitted by: Bruce W. Krafft

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"A legal battle is brewing in a drunken-driving case against an off-duty Chicago cop accused of pointing a gun at a motorist in a road-rage incident."

"Officer Kevin Carey was arrested in May and charged with aggravated assault and driving under the influence, misdemeanors."

"Carey, 28, refused to take a Breathalyzer in the criminal case, but took one for the department's internal investigation. He was stripped of his police powers and faces firing."

"Now prosecutors are fighting to use the Breathalyzer as evidence in the DUI case. ..."

"Prosecutors argued the Fourth Amendment's search-and-seizure protections don't bar them from using the Breathalyzer results. There was probable cause to arrest Carey, so his consent isn't needed, prosecutors say." ...
 

MI: Judge won't be charged over gun she took to airport
Submitted by: Bruce W. Krafft

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"Charges will not be filed against a district court judge who was accused of taking a loaded gun to a Detroit Metropolitan Airport checkpoint this summer."

"Washtenaw County prosecutors decided not to charge Sylvia James, chief judge of Inkster's 22nd District Court, because investigators couldn't prove she intentionally took the handgun July 28."

"'There is insufficient proof to prove beyond a reasonable doubt that Ms. James knowingly possessed the handgun,' Konrad Siller, first assistant prosecutor in Washtenaw County, wrote in his Nov. 13 memo to the Wayne County Airport Police. He declined Monday to discuss the issue further." ...
-------

Submitter's Note: Equal protection under the law?
 

UK: Big Brother's watching loo
Submitted by: none

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"COPS have sparked fury by using a secret 'willy-cam' to spy on men in a public toilet."

"Officers hid the tiny device at waist height to tape evidence of blokes using the loo for SEX."

"But it filmed thousands of innocent men as they went for a pee."

"The month-long sting – codenamed Operation Winchester – was launched in Wirral, Merseyside, after complaints of men using the loos for 'cottaging'."

"Two cameras were set up by a urinal – one at waist level for evidence and the other at head height to identify the offender."

"Footage was then stored on DVD and used to charge six men and caution a further 32 under the Sexual Offences Act."

"An off-duty police sergeant based in Liverpool was also caught and fined 13 days' pay." ...
 

Switzerland: Gun laws under fire after latest shooting
Submitted by: Anonymous

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"A soldier has confessed to the killing of a 16-year-old girl last Friday in Zurich in what appeared to be a random shooting."

"The incident comes amid a heated debate over Switzerland's gun laws. Army issue weapons are involved in the death of more than 300 people a year in the country."

"The Zurich prosecutor's office said on Tuesday that the 21-year-old soldier, who was arrested two days after the shooting, admitted to committing the crime." ...
 

AZ: Arizonan's - don't forget about the Crossroads Gun Show
Submitted by: Dustin
Website: http://dustinsgunblog.blogspot.com

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"Just a reminder that this weekend (Fri Nov 30th through Sun Dec 2nd) is the Crossroads Gun Show at the Arizona State Fair Grounds on the corner of 19th Ave & McDowell in Phoenix Arizona. I plan to go this Saturday with my boys & drool over all the cool hardware there. I'll do my best not to drool on the actual guns so as not to cause any rust issues."

"While you're there be sure to stop by the table of the Arizona Citizens Defense League (AzCDL) to learn about the club & possibly even sign up if you are not already a member. It's a great organization that does a lot every year to influence the Arizona State Legislature to protect our freedom to bear arms at the State level ..."
 

NY: Gun violence task force sets agenda
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The first meeting of the city's newly constituted task force on gun violence was mostly logistical, but with hints of varying approaches the group might take over the coming year."

"Twelve of the group's 13 members gathered at the Evangelical Protestant Church in the South End neighborhood where pastor the Rev. John U. Miller, the panel's chairman, walked them through a series of 'housekeeping' items."

"The group reached a consensus for open meetings, which will be held on the first and third Tuesdays of every month at rotating neighborhood sites around the city. The group, which consists of appointees of the Common Council and mayor, also decided to meet privately on Dec. 4 for a 'getting to know you' session." ...
 

OH: Right to bear arms, or right to forbid them
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Amid new legislation and a Supreme Court challenge, it seems Ohioans have more to say about their Second Amendment rights than in recent years."

"The right to bear arms is again in question, after the Ohio Supreme Court agreed to hear a case where state and city carrying laws are in conflict."

"The laws in Clyde, a city in the neighboring county of Sandusky, prohibit concealed guns in city parks. In 2004, with the passage of House Bill 12, the list of prohibited areas included schools, government property and venues serving alcohol, but not parks. The confusion arose when Bill 347, which was vetoed by former Gov. Bob Taft and later overridden by legislatures last year, held that local laws be no more restrictive than state laws." ...
 

FL: Basic firearm safety course will be Saturday at Legion
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The Sons of the American Legion Post 113 will sponsor a basic firearm safety course 10 a.m. to 1 p.m. Saturday at the post home, 3436 Indiana Road just off Cape Haze Road in Rotonda."

"The course features gun safety, how to handle confrontations and the legal aspects of concealed carry in Florida." ...
 

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