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Newslinks for 12/4/2007

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TX: In Horn case, self-defense isn't so clear
Submitted by: Mark A. Taff

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There seems to be some confusion here. Joe Horn is not a hero.

The Pasadena homeowner certainly had a chance to be a hero, but he gave up that opportunity as soon as he allowed fear, adrenaline, suburban angst, Old West entitlement or all of the aforementioned to overwhelm his ability to think rationally and consider the consequences of his actions.
 

TX: ABC: Advocating Biased Concoctions
Submitted by: Mark A. Taff

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Past articles document the media’s bias against Castle Doctrine, insinuating that this enhanced self-defense law impedes investigators and handcuffs prosecutors,1 or that the right of self-defense originated with Castle Doctrine.2

...

Whitley’s claim that Castle Doctrine supposedly “allows Texans to defend themselves with deadly force in their homes, cars and work places” is revisionism at its best. But she never addresses a primary criteria for including the above paragraph: Does this incident have anything to do with Castle Doctrine or does prior self-defense law apply?
 

Canada: Guards without guns; Border guards resist order to carry sidearms
Submitted by: Mark A. Taff

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The agency has agreed in principle to accommodate guards who prefer work that does not require sidearms, or who fail the training program because of physical problems, such as poor vision. Details are currently being worked out with the customs excise union, which is negotiating a new contract following the June 21 expiry of its old agreement.

Finding work for unarmed officers will cost the agency $21 million over the next decade, and $4 million annually beyond that, say internal projections prepared for Public Safety Minister Stockwell Day. That could mean moving guards who don't bear arms to administrative positions, or providing incentives for early retirement.
 

CA: Father Stabs Son to Death in Self-Defense
Submitted by: Mark A. Taff

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Lexington County deputies are investigating a stabbing that left one man dead, after they believe his father killed him in self-defense.

...

Major John Allard with the Lexington County Sheriff's Department said charges will likely not be filed against the father, 52-year-old Daviet Jerry, pending the results of the investigation.
 

FL: Man shoots neighbor's dog with shotgun
Submitted by: Mark A. Taff

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No charges were filed against a man who shot his neighbor's dog in the face after a deputy determined in was done in self defense.

A Crestview woman called authorities after her red nose pittbull came home from chasing a cat with a bloody face, according to a report from the Okaloosa County Sheriff's Office.

After taking a closer look, the woman realized her dog had been shot.
 

IL: Republican pols pander to People of the Gun
Submitted by: Mark A. Taff

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The stakes are high. There are solutions. As Rudy Giuliani once said, if you need a license to drive a car, why can't we require a person to register a gun? The People of the Gun have our politicians bamboozled. Instead of Republicans promising a chicken in every pot, they should be calling for a handgun in every holster. Have you heard any politicians talking lately about handgun violence?

These days they are all pandering to the People of the Gun. "It's a beautiful day in paradise," chortled Fred Thompson recently as he paraded his law-and-order ministry through the aisles at the Land of the Sky Gun Show in South Carolina.
 

Gun Bans Lead to Increase in Violent Crime
Submitted by: Mark A. Taff

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The problem with Washington, D.C.'s handgun ban ... is that D.C.'s murder and violent crime rates went up, not down, after the ban. Prior to the ban DC's murder rate was falling. After the ban, DC's murder rate rose, and only once fell below what it was in 1976, says John Lott...

Further:

*The District's ban specifically points to Great Britain's handgun ban in January 1997; but the number of deaths and injuries from gun crime in England and Wales increased 340 percent in the seven years from 1998 to 2005.

*The rates of serious violent crime, armed robberies, rapes and homicide have also soared.

*Similar experiences have been seen with other bans, such as those in Ireland and Jamaica.
 

CO: [Colorado] Springs woman shoots, kills man
Submitted by: Mark A. Taff

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A Colorado Springs woman had a restraining order against a man she shot and killed Monday morning at her east-side home, police spokesman Lt. Skip Arms said.

Lisa Jean Hinkle, 52, shot Kyle Levi Haner, 27, once in the chest with a handgun shortly after 9 a.m. at 1222 Lewis Lane near Galley Road and Powers Boulevard, police said.

Immediately after the shooting, Hinkle called 911 to report shooting a man in self-defense, according to police.
 

ID: Wasden should support public's right to bear arms
Submitted by: Idaho Ordnance
Website: http://www.id-ord.com/

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I had heard that several attorneys general across the nation had begun signing up to help with the Parker/Heller vs. D.C. case going before the Supreme Court. This growing number of attorneys general are stating that the Second Amendment refers to an individual's right to keep and bear arms as opposed to referring to state militias.

I was a bit surprised to hear that Idaho Attorney General Lawrence Wasden had not signed on yet. Even more concerning was Wasden's initial position of siding with D.C., which contended that the Second Amendment did not refer to an individual right. His office later withdrew its support for D.C.
 

DC: Court could void D.C. law based on Ninth Amendment
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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The Second Amendment of the U.S. Constitution provides that “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Soon after the promulgation of this amendment, the question arose as to whether it guaranteed the right to bear arms to every “person” in the entire country, or whether the right was limited to those people who required arms that had some relationship to the preservation and efficiency of a well-regulated militia.
 

DC: Repeal the Second Amendment?
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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College newspapers hone journalism talent, but they do so by providing an outlet where mistakes, while discouraged, are part of the process. (I should know -- I wrote for and eventually edited one.) Though all speech deserves criticism, it's always cringeworthy when students take real-world flack for their youthful missteps. So it is with the Harvard Crimson's much-much-lambasted "Pulling the Trigger," an unsigned editorial that makes the case for repealing the Second Amendment. It's rife with problems, but the editors get more right than most of the gun-control movement does.
 

CO: Neighbors back store's owner
Submitted by: Stewart Carr

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Tuesday night, the 74-yearold shot to death a young man police say tried to rob the store owner at gunpoint. Wednesday morning, a steady stream of friends and customers came by his store to show their support. Kellogg declined to comment.

The alleged robber was identified Wednesday as Gibran Gayton, 21, of Colorado Springs. Colorado Springs police said he died from a gunshot wound to the chest.

According to police, at 4:50 p.m. Tuesday, Gayton entered Jet-Way Liquors at 1645 Jet Wing Drive, drew a gun and demanded cash. The store owner shot Gayton once, and he died at Memorial Hospital
27
 

DC: The Ghost of Thomas Jefferson on the D.C. v. Heller case
Submitted by: Red's Trading Post
Website: http://www.redtradingpost.com

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The following is a guest post regarding the DC v. Heller case by an author simply noted as The Ghost of Thomas Jefferson. Note the mention of the ATF cases as they regard to this case:

The possibility of the Court taking notice of enforcement actions by the Government is high due to questionable cases such as US v. Weaver (1992), US v. Wrenn (2005), US v. Kwan (2007), and US v. Stewart (2003) where the basis of the arrests brought forth a question of violation of constitutional rights. Other factors that must be considered are actions taken against citizens with questionable justification.
 

Beat the high court: Rule on meaning of Second Amendment
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"As we told you yesterday, the Supreme Court has agreed to decide whether or not the District of Columbia's ban on personal ownership of handguns violates the Second Amendment to the Constitution. Here's your chance to join the debate.

"What did the founding fathers intend when they ratified the Bill of Rights?"

"VOTE"

(This is a Reuters poll).

Current Results:

"Does the Second Amendment give individuals the right to bear arms?"

YES - 99%

no - 1%

undecided - 0%

TOTAL VOTES: 23827
 

MI: Burglar Shot In Clinton Township
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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A Clinton Township man woke up Monday to the sound of a burglar in his condo and chased him away with a gun. He thought that would be the end of it, until the man came out of nowhere and charged at him. That's when the gun fired.
 

UT: Brazen Use Of Taser In Utah Justified??
Submitted by: Clell Adams

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NY: Federal Judge Lands at Center Of a New York Legal Mystery
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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The docket of Judge Jack Weinstein in Brooklyn has long been a magnet for big lawsuits with billions of dollars at stake. In case after case involving guns, cigarettes, Agent Orange, breast implants, typing keyboards, asbestos, and pharmaceuticals, manufacturers have defended their products before the now 86-year-old federal judge.
 

LifeLock Announces Partnership with National Rifle Association
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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LifeLock CEO Todd Davis announced today a formal partnership with the National Rifle Association (NRA) that will provide LifeLock’s industry leading identity theft prevention services to all NRA members and employees. Through this partnership NRA members and employees can enroll for LifeLock’s services at a discounted rate. “We are very proud to announce our relationship with one of the most recognized member organizations in the world,” said Davis. “The NRA is well known for providing its members with the best benefits it can find to help better their lives. We are thrilled that they have selected LifeLock as the identity theft prevention tool for their members and employees.”
 

NY: No guaranteed right for individuals to own firearms
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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Your Nov. 26 editorial, "An Overdue Conversation," gives the gun-control debate clarity and context. This is especially important as the special-interest drums start to beat in anticipation of the Supreme Court's long-overdue decision interpreting the Second Amendment's "right to bear arms." You are correct that many law professors have neglected the issue. The fact is, notwithstanding the bitter cultural divide over the role of firearms in today's society, the Second Amendment has been a marginal issue from a constitutional perspective.
 

TX: Protesters square off on street where neighbor shot two burglars
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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Protesters squared off on the Pasadena street where a homeowner fatally shot two men he believed had broken into his neighbor's house. Yard signs declaring support for 61-year-old Joe Horn lined nearby streets yesterday near where Miguel Antonio DeJesus and Diego Ortiz were killed November 14th. Horn's supporters parked motorcycles along the block and jeered protesters who called for Horn to be prosecuted.
 

NRA Wants A "Viable" Candidate
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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Much of the talk about Mike Huckabee's rise in Iowa turns on this -- Even with a win there he would struggle in N.H., where Mitt Romney has been the frontrunner and John McCain appears to be gaining some steam. But it seems to On Call, that there's one thing that could provide Huckabee some serious leverage in the Granite State, should he actually come out on top in Iowa and that's the endorsement of the National Rifle Association.
 

MI: Moron Burglar Blasted by Homeowner-Hunter
Submitted by: MCRGO
Website: http://www.mcrgo.org

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Michigan - A Clinton Township man who just returned from a hunting trip shot a would-be burglar who broke into his condo, fled the scene, and then returned looking for a fight ... bad idea.
 

KY: Fraud case against antique gun dealers, appraiser begins
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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Three antique gun enthusiasts went on trial Monday on charges they defrauded a millionaire collector who wanted to pack his new museum with historic firearms. Federal prosecutors said Michael Salisbury of Owens Crossroads, Ala., befriended collector Owsley Brown Frazier a decade ago and began seeking old firearms owned by historical figures including Gen. George Custer, Buffalo Bill and former FBI chief J. Edgar Hoover. But Salisbury, along with his wife, Karen Salisbury, and R.L. Wilson, a noted antique firearms appraiser, conspired to bilk about $1.5 million from Frazier, prosecutors said Monday.
 

Survival Guns
Submitted by: david wolfe

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When trying to decide which guns one should put back for survival, there are a few things to be taken into consideration. Weapons intended for our purpose should be versatile, meaning they can be put to use in a number of varying situations like hunting and self-defense, and do both with equal capability, pertaining to the situation at hand. Survival guns should be cambered for a common round, preferably a current widely issued military caliber. Any rifle or handgun chosen must be robust and reliable, and for the most part low maintenance, during long periods of hard use.
 

 QUOTES TO REMEMBER
The more corrupt the state, the more numerous the laws. — Tacitus (A.D. 55?-130?)

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