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Newslinks for 12/11/2006

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Second Amendment Questioned
Submitted by: Mark A. Taff

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"Attorneys in Washington, DC question the scope of the Second Amendment in the first case in nearly 70 years, citing that the right to bear arms only applies to 'a well regulated militia.' 'We interpret the Second Amendment in military terms,' said Todd Kim, the District's solicitor general."
 

NY: Out-of-date records mar ability to track pistol owners
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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Police have lost track of thousands of registered handguns because there's no system in place to keep tabs on the weapons of state pistol permit holders who die, The Journal News has found. The guns are a symptom of a larger administrative black hole brought on by outdated records and reliance on an "honor system" requiring families to turn in weapons on their own after a licensed gun owner has died.
 

WY: Missile silo is gateway to final frontier
Submitted by: Mark A. Taff

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Timothy Bendel often stamps "RKBA" on his work. It's an acronym for the Second Amendment "Right to Keep and Bear Arms."

"When you have the right to own and carry guns, you have all your other rights," he explains.

America is a great country. Here, Bendel is not only free to carry guns, but free to own an Intercontinental Ballistic Missile silo. He bought it on the Internet in March for less than $400,000, and recently gave me a tour. Built in 1960, it was on alert during the Cuban Missile Crisis. It was decommissioned in 1965 as more advanced missiles came on line.
 

VA: League to boycott gun shop to fight sales monitoring
Submitted by: Mark A. Taff

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At a time of unprecedented scrutiny, Virginia gun dealers look to at least one group for support: gun buyers.

But now that a South Boston dealer has signed a settlement agreement in a New York City lawsuit, he might find his customers in the parking lot instead of at the counter.

The Virginia Citizens Defense League is gearing up to boycott and perhaps picket Cole's Gun Shop, saying owner Mark Cole put their privacy in jeopardy when he agreed to let a court-appointed officer scrutinize his gun sales for the next three years.
 

How not to sight in a deer gun
Submitted by: Mark A. Taff

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Sometimes, the mishaps that occur among people who have been around guns all their lives are simply astonishing.

For instance, some years ago a hunting pal named Tiny -- his last name must remain a secret -- attended a shooting match where only old-style muzzleloader rifles and fowling pieces (shotguns) were used. As he stood under a sun-shading piece of plastic roofing, Tiny aimed and fired his first shot at a down-field target, put down his black powder shotgun and did something he'd never done before: he didn't make sure his barrel was completely empty.
 

NY: Westchester looks to put county police in charge of pistol permits
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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Frustrated by a cumbersome pistol permit system that officials say unnecessarily involves two county agencies and the court, Westchester is seeking special state legislation that would put the entire process in the hands of county police.
 

NY: Cops fire fewer shots in '06
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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NYPD cops have fired at least 518 shots while on duty this year, including two rounds at a gun-toting man who was arrested late Friday in Queens. But cops have pulled the trigger 100 fewer times in 2006 than during the same period last year, Police Commissioner Raymond Kelly said yesterday. In all of 2006 police fired 617 rounds. "Sometimes they come in spurts," Kelly said. "That's just the way it is."
 

WI: Ross Bielema Outdoors Buzz: Owning buffalo rifle brings back a slice of American history
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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History never interested me much until I grew a little older. My parents hauled my brother and me to museums, hoping culture and knowledge would seep into our young bones by osmosis. This may be one reason why my latest gun purchase is a modern version of an old buffalo rifle. The Harrington & Richardson Buffalo Classic 1871 certainly is no authentic replica, with its break-open design and transfer-bar hammer, but it does have a receiver sight, globe front sight, checkered walnut stock and a long 32-inch barrel.
 

Letters of Delegates to Congress, "...it concerns our liberties, our lives our property...", May 23-25? 1775
Submitted by: GunShowOnTheNet.com
Website: http://gunshowonthenet.com/

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"...The importance of the subject--it concerns our liberties, our lives our property..."

"...On our side we tremble for the dearest and most inestimable of all earthly blessings, our liberty and for those rights and that most excellent constitution and free government, which (resources) (2) were procured by the blood and handed down to us by the wisdom and the bravery of our renowned ancestors...."

"...How necessary then while we summon up all our fortitude and rise superior to fear and every selfish regard while we are ready to lay down our fortunes and even our lives in the defence of the best of causes...."

"...whenever the good providence of God shall put it in our power, consistent with the preservation of our just rights...."
 

TX: Buy a house, get a free gun
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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While other real estate agents are responding to the current buyers' market by offering extras like free appliances, televisions, or a weekend in a luxury hotel, one Texas agent is drumming up business by offering a free Glock pistol with any home purchase of at least $150,000 if you're a police officer. And Julie Upton, a Houston-area real estate agent, says her idea is working well. With the median single-family home in Houston selling for $146,000, Upton is targeting the center of the market.
 

LA: Woman mistakes pistol for cigarette lighter - Guess where this is going
Submitted by: none

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A woman staying at a northeast Georgia motel this week shot herself while trying to light a cigarette with a pistol she mistook for a cigarette lighter, police said.

Police said Olivia Hutcherson, 21, of Anderson, S.C., had been arrested for fighting at a Waffle House shortly before she shot herself in the hand with a .22-caliber pistol she had tried to use to light a cigarette.
 

FL: Parents of slain girl take on shooting law
Submitted by: Mark A. Taff

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A petition drive might be premature, said Dave Kopel, research director of the Independence Institute, a free market, civil liberties think tank in Golden, Colo.

Kopel, a former prosecutor, said any good criminal defense lawyer "has to come up with some kind of theory." He pointed out that the law does not protect people involved in illegal activity and said the case needs to go to trial before anyone draws conclusions.

"It doesn't make sense to hastily change a law because there might be a problem," he said.
 

Ninth and 10th do not cite specific rights
Submitted by: Mark A. Taff

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Another example of how the Ninth Amendment affects daily life is in the right to bear arms.

Peter Goudinoff, a former UA political-science professor and former state legislator, said most people cite the Second Amendment, which specifically grants the right to bear arms, as the reason gun ownership is legal.

But Goudinoff said the right of self-defense, which is protected by the Ninth Amendment, is what actually gives people the right to have a means of self-defense, meaning they can possess a gun.
 

India: Aggressors can't claim right to self-defence
Submitted by: Mark A. Taff

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NEW DELHI: Right to self-defence forms an important part of the Indian Penal Code justifying a person's action to defend himself during an attack. Nothing, not even taking the assailant's life, is an offence when one is trying to save his own life.

But this right is available only to the person attacked and not to the assailant because the aggressor forefeits his right to self-defence, a Bench comprising Justices A K Mathur and D K Jain has ruled.
 

Does the 2nd Amendment regard the person or a "militia"? I say, what's the difference?
Submitted by: Mark A. Taff

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The definition of “militia”, as given by the popular internet encyclopedia is: “the activity of one or more citizens organized to provide defense… The entire able-bodied male population of a community, town, or state, which can be called to arms against an invading enemy, to enforce the law, or to respond to a disaster (this is established in the U.S. under federal law, namely Title 10, USC, Section 311); A private, non-government force, not necessarily directly supported or sanctioned by its government; Defense activity, as well as those engaged in it, when it is defense of the public, its territory, property, and laws.”
 

CA: Oaklanders lay down guns, arm themselves with gifts
Submitted by: Mark A. Taff

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OAKLAND — An Oakland city program to exchange firearms for rock concert tickets and grocery and gift certificates paid off handsomely Saturday, the city official who ran the program says.

When the day ended, people had turned in 35 guns, a wild assortment of weapons that included a sawed-off shotgun, a modified assault rifle and even an antique rifle, more than 100 years old but in perfect working order.

All kinds of people turned in guns, said Joe DeVries, who works on violence prevention for the city.
 

NY: Tragedy demands action
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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Buffalo's latest police tragedy stems from two things: the horribly wrong decision by a troubled teenager to try to avoid jail by shooting the police officers who had stopped him, and the street culture that made it easy for him to get an illegal gun. Police Officer Patricia A. Parete's heartbreaking struggle for life started with that deadly combination. The courts will deal with the teenager - more effectively, it must be hoped, than he was dealt with in the past. Dealing with the gun culture is an even tougher challenge.
 

IL: Citigroup Building Tragedy Spurs Renewed Call for Concealed Carry Legislation
Submitted by: Mark A. Taff

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In response to Friday's tragedy, the Illinois State Rifle Association will be drafting legislation that will provide well trained, law-abiding citizens the opportunity to carry defensive firearms. That legislation will be introduced into both chambers of the General Assembly early next year.

Whereas those lobbying against concealed carry laws can muster only invective and hyperbole to support their opposition, the facts undeniably demonstrate that reduction in violent crime accompanies the implementation of laws allowing citizens to carry defensive firearms. It is time for the Illinois General Assembly to recognize that citizens can be trusted with the awesome responsibility of defending themselves, their homes, and their families.
 

IL: Rep Hyde Reflects On Tenure, From Abortion to Iraq
Submitted by: Mark A. Taff

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And Hyde said that although he supports a person's constitutional right to bear arms, he favors restricting assault weapons.

"The purpose of a gun, assault weapon, is to fire a lot of bullets in a hurry," he said. "I don't see a hunter wanting to do that nor do I see someone protecting his home by having assault weapons."
 

GA: Oglethorpe County eyes banning shooting of guns subdivisions
Submitted by: Mark A. Taff

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LEXINGTON, Ga. - Gun owners soon might not be able to fire their weapons inside Oglethorpe County's growing number of subdivisions, a sign of the county's changing demographics.

The Oglethorpe County Commission is expected to pass an ordinance Monday banning the discharge of firearms inside the neighborhoods. The change comes as Oglethorpe grows from a mostly forested county to a more developed one.
 

 QUOTES TO REMEMBER
No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words "no" and "not" employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights. EDMUND A. OPITZ

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