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Newslinks for 12/29/2007

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U.S. Supreme Court Set To Decide Pure Gun Right Case
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Within minutes of the announcement by the Supreme Court on Nov. 20 that it will hear the appeal in the case of District of Columbia v. Heller -- the case that could provide a landmark ruling that defines the Second Amendment as an individual right -- the Brady Campaign to Prevent Gun Violence sent out an urgent appeal for $50,000 in contributions."

"The money, said the Brady Campaign, would go directly to the Brady Gun Law Defense Fund, 'to protect America’s gun laws.'"

"'If the Supreme Court does not reverse the federal appeals court decision,' the appeal lamented, 'gun laws everywhere could be at risk.'"

"The collective ho-hum reaction from the firearms civil rights community to the alarmist appeal was pretty much, 'So, what’s your point?'" ...
 

An Open Letter from Bill Akins of Akins Accelerator
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com

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"Here is an open letter from Bill Akins of Akins Accelerator, this week the Tampa Tribune ran the following story on his story."

"My fellow Americans."

"Let me draw your attention to a process known as bump firing which is exactly what my stock allows you to do except my stock stays stationary whereas in bump firing the entire firearm including the stock moves."

"Bumpfiring uses no devices of any kind. It is a skill or knack as it were, that the shooter learns. Before I go into it, I would like to mention that if you read the illegal BATFE 2006-02 ruling that bans my accelerator device, that same ruling actually bans the process of bump firing and therefore any semi automatic capable of bump firing. ..." ...
 

Armed and Safe: Contacting the NRA
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com

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"I've talked here about contacting the NRA (to ask for their opposition to 'Maximum Mike's' appointment as head of the BATFE), and here (about pushing for 'gun-free zone liability' laws), and suggested using the NRA's 'Contact Us' form."

"To my distinct annoyance, I have not been able to cajole a response out of them. Sebastian, at Snowflakes in Hell, rather than sitting and stewing about it like I've been doing, found out why:" ...

"Just so you and others who usually contact NRA for legislative and political matters are aware, the direct (and recommended) ILA e-mail address is ila-contact@nrahq.org.'"
"Good to know that this was not a case of willfully ignoring membership. So . . . let's get those emails going--that address again is ila-contact@nrahq.org."
 

Of Guns and Militias: What Does the Second Amendment Guarantee?
Submitted by: Bruce W. Krafft

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"Constitutional Law Scholars from law schools across the country will reflect on the Second Amendment and the Supreme Court petition for a writ of certiorari in District of Columbia v. Heller. This program will occur on Saturday, January 5, from 8:30-10:15 a.m. during the Association of American Law Schools (AALS) Annual Meeting in New York, New York, drawing over 3,500 law faculty."

"Not since 1939 has the Supreme Court directly addressed the meaning of the Second Amendment. Following more than two decades of renewed scholarly attention, the lower courts have been grappling with whether the Amendment secures a collective or an individual right, and if the latter, to what extent the right is subject to reasonable restrictions. ..." ...
 

Guns of the Gunfighters
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Two steely-eyed men walk out in a dusty street as the frightened town folk run for cover. We see the determination in the men’s faces, their fingers twitching as they reassuring touch the hammer of their six-shooter. Suddenly the guns leave their leather holsters and one of the men drops to the ground- dead because his draw was tad slower than his adversary. This has been the scene of hundreds of western movies, novels, and even biographies of real gunfighters. We know the characters, but know very little about these weapons of death. The Guns of the Gunfighter Lawmen, Outlaws, and Hollywood Cowboys written by Doc O’Meara published by Krause Publications tells just about everything, one would want to know about these guns." ...
 

Historic low in NYC, Chicago homicides, [but not ATL, MIA, & BALTIMORE]
Submitted by: MACpistol.com
Website: http://MACpistol.com

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"Chicago and New York are about to close out 2007 with the lowest number of homicides in more than 40 years, while cities such as Baltimore, Atlanta and Miami have seen killings go up because of what police say is a surge in guns and gang violence." ...

"Atlanta ... attributed some of the increase to a New Orleans-based gang that moved into town after Hurricane Katrina. ..."

"In Miami, authorities say the proliferation of assault weapons led to an increase in killings ..."

"'You just pull a trigger and 20 or 30 rounds come in a second and in those 20 rounds you're sure to hit your intended target and some innocent bystanders, totally unlike a firearm that is just one bullet every time you pull the trigger,' Miami Police spokesman Willie Moreno said." ...
 

Brady Center calls for ban on popular hunting ammo
Submitted by: Bruce W. Krafft

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"In the wake of two mass shootings in Colorado, it is no surprise that the Brady Campaign to Prevent Gun Violence is calling for more gun control. They start by falsely claiming that the now expired 1994 'Assault Weapons' ban could have prevent both shootings. Not true, as both the weapons used in the shootings in Omaha and Colorado would not have been banned under the provisions of 1994 ban. The WASR AK-47 style gun used in the Nebraska shooting is a direct result of the ban ... This is a typical reaction to such shootings and is to be expected."

"What is of a greater concern to me and to ever big-game hunter in the county is the following statement post on the Brady Center website:" ...
 

IN: Tying up '07's loose ends
Submitted by: Bruce W. Krafft

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... "As we found a convenient table, she asked, 'What subject haven't you covered this year that you wish you had?'" ...

"'Gun control,' I answered. 'It's just plain stupid to complain about 'crime' and do nothing to reduce the intensity of danger. Get guns off the streets. Make it illegal for ordinary citizens to buy, sell, own or possess handguns or automatic weapons in Indiana.'"

"'But the Constitution …,' Evelyn started to say ..."

'The U.S. Constitution,' I said emphatically, 'enables a militia to exist. We do not have a state militia and therefore the Second Amendment of the Constitution does not give each citizen unlimited opportunities to kill his or her neighbors and family.'" ...
 

TN: Man Shoots And Kills Burglary Suspect
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"'It's so bad around here and i'm just afraid for my safety,' says one woman we spoke to as she stepped outside of her apartment and saw crime scene investigators. Police were combing her neighbor's apartment following an alleged burglary attempt that ended in gunfire. ..."

"... A little before 5:00 this morning, a woman returned home and caught who she thought to be a burglar in the act."

"Lt. Tony Armstrong, a homicide detective with the Memphis Police Department, says, 'The victim called her boyfriend. Her boyfriend came over and investigated, found him inside the house and shot him multiple times.'" ...
 

MO: Pizza Delivery Driver Questioned in Fatal Shooting
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A pizza delivery man is claiming self-defense for the fatal shooting of a man in suburban St. Louis.

The incident happened last night in Pagedale. St. Louis County police spokeswoman Tracy Panus says two men called in a pizza order, then tried to rob the man who brought the pizza.

The delivery man says the suspects had guns. He says he feared for his safety and fired at the men, striking and killing one of them. The other man ran away.

The identity of the man who died has not been released.
 

MO: Debate continues on Missouri's new 'castle doctrine' law
Submitted by: Bruce W. Krafft

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"In Texas last month, a man spotted two burglars carrying items from his neighbor’s house. After calling police, he grabbed his shotgun and killed the burglars."

"A debate still rages over whether that was legal under the state's new 'castle doctrine' law, which allows lethal force to defend one's home."

"A similar Missouri law enacted this year appears to allow killings like those, according to judges and lawyers. Advocates praise it as allowing innocent people to defend themselves against criminals. Opponents fear it could cause unnecessary deaths, such as killings of petty thieves."

"Under a most basic reading, it allows carte blanche to kill anyone unlawfully entering a house or a car or committing a forcible felony ..." ...
 

Bloomberg ads target guns, politicians
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Mayor Bloomberg, who has repeatedly said he's not running for President, yesterday placed full-page advertisements in newspapers in states hosting the nation's first presidential contests."

"Bloomberg funded two full-page ads in The Des Moines Register in Iowa and the New Hampshire Union Leader to promote his anti-gun coalition."

"The ads cost the billionaire mayor $22,203. They feature him and a host of other mayors in his nonprofit group, Mayors Against Illegal Guns." ...
 

Huckster's Photo Opp - Dangerous Hunting Methods
Submitted by: Clell Adams

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"Republican Mike Huckabee took his presidential campaign for a quick pheasant-hunting expedition in Iowa on Wednesday, and at one point, a reporter asked why he hadn't invited sporting enthusiast Dick Cheney along. 'Because I want to survive all the way through this,' Huckabee replied, in a chuckling dig at the vice president's accidental shooting of a quail-hunting partner last year."

"Any good sportsman, though, couldn’t miss a distinctly Cheneyesque moment in the press accounts of the former ... hunt: At one point, Huckabee's party turned toward a cluster of reporters and cameramen and, when they kicked up a pheasant, fired shotgun blasts over the group's heads."

"This, friends, is dangerously bad hunting form." ...
-------

Submitter's Note: It was just a matter of time. We knew it was a photo opp. I don't believe he goes Duck Hunting 30 times a year either.
 

NH: Last minute campaigning
Submitted by: Bruce W. Krafft

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"As New Hampshire residents squeezed in some last-minute Christmas shopping last weekend, Republican presidential candidate Rudy Giuliani was doing some last-minute campaigning." ...

"After a 15-minute speech, Giuliani opened the floor to questions. Audience members asked about his plans for education, his solutions for global warming and his stance on abortion and the Second Amendment."

"Giuliani said as a strict constructionist, he acknowledges the right to bear arms, but he would continue to aggressively enforce gun-control laws. He also said he supports a woman's right to choose, but would work to promote adoption and other alternatives."
 

Montana Senator Jon Tester waffles on campaign pledge regarding Montanan’s gun rights
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com

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"Below, I present another great post by Ryan Horsley of Red’s Trading Post dated 12/26 regarding Montana Senator Jon Tester’s response to a letter written by a constituent regarding opposing Michael J. Sullivan's confirmation as ATF Director."

"The egregious nature of the ATF under the acting Director Sullivan is well documented ... All that Sen. Tester had to do was to ask one of his assistants to spend a few hours looking at Sullivan’s record, then Tester could contact Senators Craig and Crapo who have already put a hold on Sullivan’s nomination, and lastly, if he remained unconvinced, he could contact Sullivan himself and talk to him ..."

"Instead Tester sends a form letter ..." ...
 

WV: Gun laws will be enforced better
Submitted by: Bruce W. Krafft

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"GUN dealers are supposed to be able to check a federal database and screen out would-be customers who should not be allowed to purchase guns. Seung Hui Cho, 23, was such a person." ...

"Cho killed 32 people and injured 26 others in a rampage on the campus of Virginia Tech, including a Holocaust survivor who gave up his own life so his students would live."

"More than 30 states now pass court-related information on mentally ill people to the database gun dealers check, but 18 -- apparently, including West Virginia, still do not."

"Now Congress, with bipartisan support, has passed a bill that more clearly defines what mental health records must be reported by states and federal agencies." ...
 

TN: Police may soon see benefits of state's new gun crimes law
Submitted by: Bruce W. Krafft

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"Metro law enforcement officials have been looking for a cure to Tennessee's weak gun laws since April, pushing for legislation that would increase jail time for gun crimes."

"Now they have a possible remedy."

"Beginning on Tuesday, the state's 'Crooks with Guns' law will take effect — one that imposes mandatory minimum sentences ... for individuals who use firearms to commit felonies, individuals who are in possession of guns while committing felonies or prior felons who are found in possession of illegal weapons."

"'We pushed hard with the Legislature last session to try to put some real teeth with laser-like focus on prison sentencing for dangerous, repeat, violent offenders,' said Metro Police Chief Ronal Serpas." ...
 

U.S. Supreme Court cases that reference the Federalist Papers
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government . . . The citizens must rush tumultuously to arms..."

- Alexander Hamilton, Federalist #28.

"There are THREE-HUNDRED AND FIFTY U.S. Supreme Court cases in which the Federalist Papers are referenced, quoted or mentioned. Many times these quotes have been made by the Chief Justices of the Court. More pertinent U.S. Supreme court cases referencing the Federalist will be added to those listed below as they are found..."
 

U.S. District Court Chief Judge Wolf criticizes Michael J. Sullivan’s U.S. Attorney office; again
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com

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"Here is Ryan Horsley's Red's Trading Post blog for 12/25 regarding Michael J. Sullivan’s office being criicized again by U.S. District Court Chief Judge Mark L. Wolf:"

"While Acting ATF Director Michael J. Sullivan aka Maximum Mike has his confirmation as ATF Director on hold right now. In his role as US Attorney of Massachusetts {Yes, he’s double dipping! Preposterous!}, that he is still holding while his confirmation is pending, Sullivan’s office was sharply criticized by a US District Court Judge."

"This is one of the Judge's that has criticized Sullivan in the past and at one point threatened to send a US Marshall to pull Sullivan out of a Dentist chair and bring him to court. ..." ...
 

Politicians adding firepower to ATF fight
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com

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... "Horsley enlisted many Idahoans to protest the ATF to their senators, both of whom now say the bureau may be too aggressively pursuing gun dealers. As a result, Sens. Mike Crapo and Larry Craig put a hold on the president's nominee for ATF director. A third senator, David Vitter, R-La., has added a third hold on federal prosecutor Michael Sullivan, giving more fodder to Horsley's Web site." ...

"Not all the Republican politicians that Horsley has contacted have given him a favorable response. And Sullivan, himself a Republican whose assistant promised Horsley months ago he'd receive a call, never responded."

"... Now it's a national debate that could shake up the political landscape that Horsley believes has allowed the ATF to revoke his store's license." ...
 

Adding Insult to Injury
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com

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"I receive several phone calls, e-mails and even letters from others who are or have dealt with the ATF. The majority of Americans do not have to deal with this agency, so it is difficult to understand."

"I received the following from a customer who shared with me his account ..." ...

"'... Before he left, he said, 'Be aware that the ATF knows who you are now and where you live.....You better not cross paths with us again'."

"'Cross paths with them??? My house burned down for God's sake! I didn't cross paths with those evil bastards. They found me, and then victimized me when I was at the lowest point in my life! I don't have as much as a traffic ticket on my record, but the ATF is 'watching me' now?'"
 

NY: Officer Admits He Helped Thwart a Brothel's Rivals
Submitted by: Anonymous

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"A former city police officer admitted on Thursday that he took favors and money from a Queens brothel as part of a protection scheme that helped shut down its competitors."

"The former officer, Dennis Kim, 31, pleaded guilty in United States District Court in Brooklyn to a federal charge of conspiracy to commit extortion in his capacity as a police officer. The plea enables him to avoid a trial and the prospect of a lengthy jail sentence."

"Mr. Kim, who resigned from the Police Department on Monday, admitted that he and a partner accepted money from the owners of the brothel, who supplied information that was then used in raids that closed their rivals. ..." ...
 

MN: Charges: On-Duty Police Officer Groped Woman
Submitted by: Bruce W. Krafft

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"An Atwater police officer has been charged with groping a woman while he was on duty."

"The officer, Paul Reed Schmidt, 34, is charged with two gross misdemeanor counts of fifth-degree criminal sexual conduct. He has been on paid administrative leave since the allegations were made in mid-October, according to Atwater Police Chief Reed Schmidt, who is Paul Schmidt's father."

"According to the complaint, the woman ... went on a ride-along with Paul Schmidt, who then took her to the city's police department. She said Schmidt tackled and restrained her and made a sexual request. The complaint accused Schmidt of groping the woman through her clothing, then kissing her several times." ...
 

OH: Gun locks improve safety
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"The Washington County Sheriff’s Office recommends that anyone who owns a firearm use a child safety lock if there’s any chance of children being in a home where guns are kept."

"The issue of children and gun safety was highlighted this week after a Washington County sheriff’s deputy and his wife were charged with child endangerment after leaving their 8-year-old child home alone with several guns laying about. At least a few of the guns were loaded and although the safeties were on, none were equipped with gun locks." [emphasis added] ...
 

AZ: ATF says more guns sent illegally south of the border
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Spread across a conference table at the Bureau of Alcohol, Tobacco, Firearms and Explosives in Phoenix are enough weapons to equip several car loads of drug runners."

"Agents said Thursday they found the 42 weapons in a storage locker about 10 days ago. The guns were worth $250,000 in all: Belgian-made 'FN' handguns, semiautomatic AK rifles and other pistols. They also found four olive boxes loaded with 50-caliber bullets—ammunition that's big enough to take out an airplane.[sic]"

"'These are, quite frankly, weapons of war,' ATF special agent Tom Mangan said as he picked up an assault rifle and examined it."

"'The type of fire power you're seeing here is on the increase,' he said. ..." ...
 

WV: W.Va. Woman Accused of Wiping Her Nose on Cop's Shirt Charged With Battery
Submitted by: none

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FULL TEXT BELOW:

Sometimes you need a police officer; sometimes you need a tissue. Confuse the two, and it could cost you.

A woman in this Charleston suburb was charged with battery on a police officer after the officer said she wiped her nose on the back of his shirt.

Cpl. S.E. Elliott said he had arrested the 36-year-old woman last week after seeing her slap a man, bite him on the elbow and spit in his face. Elliott said the woman wiped her nose on him as he led her into the police station for booking on a charge of domestic battery.

Battery on a police officer is defined as intentionally making physical contact of an insulting or provoking nature with an officer.
 

IL: Off-duty Chicago police officer charged with DUI in crash (follow-up)
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

An off-duty Chicago police officer has been charged with driving under the influence following a Christmas Eve crash.

Illinois State Police have identified the officer as 43-year-old Jon Cacciatore.

Chicago police spokeswoman Monique Bond says he is in "critical and guarded" condition at Stroger (STROH'-jer) Hospital.

Bond has said Cacciatore's blood-alcohol limit surpassed the legal limit when his car hit a tow truck parked on the Dan Ryan Expressway.

Investigators are looking into the crash, which happened around 11:30 p.m. Monday.

The tow truck driver was repairing a flat on another vehicle, and also was injured and taken to a local hospital. His condition was not available.
 

NY: NYPD Officer Charged With Rape
Submitted by: Bruce W. Krafft

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"A New York City police officer has been charged with raping a teen student at his martial arts school and led her to believe it was part of the program ..."

"... Trent Young, 39, began having sex with the 15-year-old girl in 2005. The girl told police she'd been a student at Iron Tiger Martial Arts in ... for a year when Young asked her to sign an oath of obedience."

"... Young made her take off her clothes as part of the oath, and then sexually abused her. She said he then told her ... that the encounter was part of a test."

"Young then began a sexual relationship with the girl ..."

"Investigators said Young told a second 15-year-old to take off her clothes as part of her obedience oath, but she refused." ...
 

GA: Update: Macon officer charged with sexual assault released from jail
Submitted by: Bruce W. Krafft

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"The Macon Police investigator charged with sexually assaulting a person in custody was released from jail late last night."

"William Enders, 35, of Northside Drive, was released on $25,000 bond ..." ...

"The charges stem from a Dec. 19 incident on Gray Highway ..." ...

"Officers received notice Wednesday that the victim of the alleged sexual assault had gone to the Georgia Bureau of Investigation ..."

"Macon police investigators met with the victim, whose identity is being withheld, and her sister and took statements Wednesday. Other potential witnesses also have been identified, according to the report." ...
 

NY: Pistol permit process to ease
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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"Pistol permit procedures in Cayuga County are changing Jan. 1 so they fall more in line with state laws."

"The first change is that all applications and amendments to permits will be handled by the Sheriff's Office at the county Public Safety Building on County House Road."

"'It's a collaborative effort to make it easier for those applying for pistol permits or taking care of amendments,' said Sue Dwyer, county clerk."

"The change will prevent residents from having to visit the Auburn Police Department, the Public Safety Building and the county clerk's office, as the current procedure requires." ...
 

AL: Should teach kids about safe gun use (second letter)
Submitted by: Bruce W. Krafft

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"While a recent letter writer was essentially correct ('Tell kids not to have sex,' The News, Monday), one of her analogies was incorrect."

"The letter writer asked if anyone would 'buy into the idea that educating our children about safe gun and drug use is the key to preventing problems?' I agree there is no such thing as safe drug use; however, that claim cannot be made in regard to gun use."

"When my sister and I were children, there were always loaded guns in the house. They were not in lock boxes nor did they have trigger locks. Such things didn't exist back then. We were both taught not only how to fire the guns correctly, but more important, how to respect the weapons and the power they represented." ...
 

IL: Right to bear arms key to guard against tyranny
Submitted by: Bruce W. Krafft

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"I disagree with Kristen Rand's commentary, 'Right to bear arms applies only to militia' ..."

"Governments don't need a constitution. Constitutions are made to hobble government to grant and guard the people's freedom rights."

"The constitution is to protect ordinary people from a tyrant government; the government doesn't need constitutional protection."

"Government has all the power it needs to arm its military or police; the government doesn't need a constitution to do this."

"Our Founding Fathers knew the power of governing often corrupts individuals who posses the power to govern."

"Our Founding Fathers gave the people of this nation powers to rid themselves of a tyrant government. ..." ...
 

AL: NRA slogans never change (first letter)
Submitted by: Bruce W. Krafft

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"If one wants to poke a stick in a yellow jackets' nest, voice an opinion about the National Rifle Association not in lock-step with its drone-like philosophy. Such were recent letters discussing the shopping mall and church killings."

"I have been a shooter for more than 60 years. The NRA's name-calling never seems to change: bed-wetting, anti-gun, anti-hunter, gun-banner, tree-hugging, radical, left-wing, radical and extremists, etc."

"Every alternative view is made out to be "the Alamo;" every compromise will be Custer's last stand. There is no give or ability to even comprehend other views." ...
 

OH: More women take interest in firearm training
Submitted by: Bruce W. Krafft

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"Close to 1,000 area individuals have obtained permits to carry concealed firearms since Ohio's concealed carry law went into effect more than three years ago."

"And while the vast majority of those obtaining a license to carry a firearm are male, area concealed carry instructors report increased interest in firearms training among women."

"'We have a lot of ladies who take the class,' said Roger Sisco, a shooting instructor who along with his wife, Linda, facilitates concealed carry classes in Defiance County."

"'There are more women overall. In some classes I have only women, but most of the time it's about 40 percent women and 60 percent men.'" ...
 

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