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Book review: The Ohio Guide to Firearms Laws (BFA)
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Buckeye Firearms Association
Website: http://www.buckeyefirearms.org
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"Attorney and Buckeye Firearms Association Legislative Chair Ken Hanson has done a magnificent job with the second edition of 'The Ohio Guide to Firearms Laws.' This is the definitive book on Ohio’s firearms laws, including concealed carry. It is updated to reflect the changes HB347 made to Ohio's laws, as well as some real 'Gotcha's' that have come to light because of poor drafting of Ohio’s original concealed carry law."
"It is written in simple enough terms that anyone can understand the issues, and it contains enough fine points that every instructor or attorney who instructs others on these rules should read it."
"If you have a concealed carry license, or keep a gun in your home for protection, or ever transport your gun between your home and a range, club, hunting or a store, you need this book. ..." ... |
31-Year Gun Ban Overturned
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Bruce W. Krafft
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"A 31-year ban on personal firearms in the District of Columbia was just overturned. Opposition to the law fought the ban citing that the Second Amendment protects their right to bear arms."
"Just like the residents of the District, The Hilltop staff had differing opinions on this newly overturned law."
"Some felt that the reversal of the ban would not make a difference. Many people who feel they require guns for their defense would have them regardless of whether it was legal or not."
"Secondly, average citizens with firearms are not a threat but rather it is criminals with guns that serve as a menace to the community. And criminals have no regard for the law anyway ..." ... |
DC Plaintiffs Reflect on Historic Gun Ruling
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Bruce W. Krafft
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"A little background on the six people who sued for their Second Amendment rights in Washington DC…" ...
"George Lyon says he wants a gun in his home because it’s his constitutional right. Tom Palmer says he used a gun to ward off a beating. And Gillian St. Lawrence says her shotgun is useless because it has to be unloaded and have its trigger locked."
"They are among the six city residents who successfully challenged the District’s long-standing gun law, winning a major ruling Friday in a case that could reach the Supreme Court. The three men and three women share a strong desire to keep guns legally in their homes in what they say is a violent city." ... |
Ruling respects Constitution
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Bruce W. Krafft
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NOTE:
Use the following information to access this article:
Site username: Newslinks@KeepAndBearArms.com
Site password: Newslinks
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"Every once in a while — a long while — a federal court decision comes along that is so lucid and solid it deserves kudos. Thus it is with the decision rendered late last week by the U. S. Court of Appeals for the District of Columbia, throwing out the 30-year-old Washington, D. C., ban on private ownership of firearms."
"While the 2-1 decision directly affects only the District of Columbia, the opinion will likely be widely cited in other jurisdictions. ... this case may well become the vehicle through which the Supreme Court will, after more than two-and-a-quarter centuries, squarely address the question of whether and to what extent the Second Amendment to the Constitution protects an individual right to keep and bear arms." ... |
Guns and the Constitution in the District
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Bruce W. Krafft
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"I am grateful to the Cato Institute and to the six District residents who fought for the right of law-abiding citizens to own handguns for protection against the predations of criminals ["D.C.'s Ban on Handguns in Homes Is Thrown Out," front page, March 10]."
"The editorial 'Dangerous Ruling' [March 10] called this struggle to preserve the fundamental right of self-defense an 'unconscionable campaign' and said that 'more guns mean only more violence.' The editorial made several emotionally charged assertions, and it disregarded the following critical facts associated with the issue of gun control:" ... |
The right way to read the 2nd Amendment
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Bruce W. Krafft
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"More than 215 years after the Bill of Rights was added to the Constitution, Americans still debate what rights are included. Take the Second Amendment ..."
"There is no U.S. Supreme Court case establishing precisely what right or rights the Second Amendment protects, but the justices may soon get the chance to change that. On Friday the federal appeals court in Washington, D.C., ruled that the capital city's near-total ban on having a handgun at home violated the amendment's protections."
"The basic disagreement over the amendment concerns how to make sense of the first half of the sentence. ..." ... |
Constitutional Legal Scholar Acclaims Federal Court's Overturning of D.C. Gun Ban
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Bruce W. Krafft
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"On March 9th, a federal appeals court in the District of Columbia overturned the 31-year old ban on keeping handguns in homes in the nation’s capital city, ruling that the ban is unconstitutional. The panel from the U.S. Court of Appeals for the D.C. Circuit became the nation's first federal appeals court to overturn a gun-control law by declaring that the Second Amendment grants a person the right to possess firearms."
"'The Founders’ true intent of the Second Amendment is vindicated by the U.S. Court of Appeals in Parker v. DC (2007),' said constitutional legal scholar Stephen Halbrook, Research Fellow at the Independent Institute. ..." ... |
John Longenecker: D.C.'s Gun Ban Is Itself Banned!
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Bruce W. Krafft
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"The week of March 9th, 2007, the Court Of Appeals tossed out the Washington, D.C. gun ban and declared it unconstitutional. "
"D.C. Mayor Adrian Fenty said in response to the announcement that he was disappointed and outraged. He reportedly said, 'It flies in the face of laws that have helped decrease gun violence in the District of Columbia.'"
"It has done no such thing. D.C. is the murder capital of the nation since its ban."
"The court’s holding is especially upbraiding, because the matter involves defiance of a civil right. If you preside over gun control, you break your oath of office from Day One and every day thereafter – a civil right ignored by a champion of civil rights in the nation's capitol." ... |
The DC Gun Ban
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Bruce W. Krafft
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"Last Friday a federal appeals court in Washington DC issued a ruling that hopefully will result in the restoration of 2nd Amendment rights in the nation's capital. It appears the Court rejected the District of Columbia 's nonsensical argument that the 2nd Amendment confers only a 'collective right,' something gun control advocates have asserted for years."
"Of course we should not have too much faith in our federal courts to protect gun rights, considering they routinely rubber stamp egregious violations of the 1st, 4th, and 5th Amendments, and allow Congress to legislate wildly outside the bounds of its enumerated powers. ..." ... |
WI: Gun ban's demise is good news in both theory, practice
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Bruce W. Krafft
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"When a federal appeals court threw out the District of Columbia's gun ban last week, it didn't affect Wisconsin directly. It's still good for us, for two reasons."
"First, it's another federal court deciding the Constitution means what it says. The U.S. Court of Appeals for D.C. became the second such court to say the Second Amendment secures an individual's natural right ... and is not just a go-ahead for state militias."
"The latter view had long prevailed. ... But, as Judge Lawrence H. Silberman noted, there's lots of scholarship ... to say that 'the right of the people to keep and bear Arms shall not be infringed' really means 'people' and 'infringed' and 'not' in the way normal humans use the words." ... |
OR: For self-defense
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Bruce W. Krafft
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"In Washington last week, the U.S. Court of Appeals for the District of Columbia ruled that the city’s ban on the ownership of handguns violated the Second Amendment. It’s a significant ruling that strengthens the proper interpretation of the amendment nationwide."
"Washington is not exactly known for being crime-free. Criminals in the federal district have had no trouble with the city ban. The only people harmed by it are those private citizens who wanted to arm themselves in self-defense but could not do so because they thought they should obey the law." ... |
IL: Extra! Extra! Bill of Rights Coming to Chicago?
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Bruce W. Krafft
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"On Friday, the United States Court of Appeals for the District of Columbia dealt the City of Chicago and tony North Shore enclaves like Evanston, Wilmette, and Winnetka a terrible blow."
"I am sorry to report that those communities may very soon have to start abiding by the Bill of Rights."
"You may have heard the phrase 'Honey, call the lawyers' reverberating up the Lake Michigan shoreline on Friday as the D.C. Appeals Court struck down the Washington, D.C. handgun ban and declared that the Second Amendment is an individual right." ... |
Rearming
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Bruce W. Krafft
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"A D.C. circuit court threw out the District of Columbia’s three-decades-old gun ban on Friday. In the wake of the Parker v. District of Columbia ruling, National Review Online asked a group of Second Amendment experts to assess its legal and political significance."
"Randy Barnett"
"When discussing with my wife the Supreme Court justices’ possible reaction to the Parker case, she observed that 'it would be really exciting if they followed the Constitution.' Indeed! But I predict they won't hear the case. True, the federal circuits now disagree about the original meaning of the Second Amendment. But there is no 'circuit split' ..." ... |
Rev. Jesse Jackson: Activist judge takes aim at gun law
Submitted by:
New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"Like many cities, the District of Columbia has a crime problem. It is getting worse, not better, as a new wave of drugs drives new gang disputes. Unlike most cities, the District of Columbia has a real and present concern about terrorism. ..."
"Sensibly, the district has passed one of the most strict gun-control laws in the country. It bans possession of handguns. The district's police are the leading supporters of this law. They want the ability to arrest anyone carrying a weapon, or stockpiling them in their homes, preferably before the shooting begins. The district doesn't manufacture guns. It doesn't manufacture drugs, either. Both are imported, often by what might be termed terrorist gangs. For the overwhelming majority of district residents, tough gun laws make sense." ... |
TX: Restrictions cannot contravene the Constitution
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Bruce W. Krafft
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"The U.S. Constitution and most state constitutions guarantee the right to keep and bear arms. Transporting a firearm in your vehicle for protection while traveling to and from work ... or anywhere else people commonly travel is central to that right."
"In Plona v. United Parcel Service, 2007 ... UPS fired an employee for having a firearm stored in his vehicle in a public-access parking lot ... The court found that 'the right to keep and bear arms' is enough to form the basis of a wrongful termination. Further, U.S. District Judge Ann Aldrich found that 'allowing an employer to terminate an employee for exercising a clearly established constitutional right jeopardizes that right, even if no state action is involved.'" ... |
GA: NRA ups heat on guns-in-parking-lots bill
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Bruce W. Krafft
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"Getting ready for next week’s resumption of the ’07 session of the Legislature, the National Rifle Association has sent out a — nearly, but not quite literally — a call to arms in support of Senate Bill 43, which would permit employees to keep guns in vehicles parked on company property."
"High-ranking NRA officials were to make rounds in the state Capitol today."
"The Georgia Chamber of Commerce has lined up against the measure as an infringement of property rights, and activated its membership last month."
"'Big business is pressuring your state senator to hold hostage our right to keep and bear arms and our right to self-defense,' said the e-mail alert dispatched to NRA members in Georgia." ... |
DC: Ross leads charge to repeal D.C. gun ban
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Bruce W. Krafft
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"Rep. Mike Ross introduced legislation last week that would repeal a decades-old gun ban in the District of Columbia, just a day before a federal appeals court struck down the existing law."
"Ross, D-Prescott, said Monday the court decision may invigorate the congressional effort to overturn the district handgun ban enacted in 1976. He co-sponsored unsuccessful bills in two previous sessions."
"'I'm pro-gun and I have a fundamental problem with denying law-abiding citizens their Second Amendment rights, regardless of where they live,' Ross said. ..." ...
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Submitter's Note: Of course if the bill passes, then the SCOTUS can avoid ruling on the Second Amendment. |
TX: Don't submit to NRA ... (3rd letter)
Submitted by:
Bruce W. Krafft
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FULL TEXT BELOW:
I testified against state Rep. Joe Driver's bill, HB 284, also known as the "Castle Doctrine." I heard district attorneys tell the House Committee on Criminal Jurisprudence that this was dangerous legislation that, if passed, would make their jobs putting criminals behind bars more difficult.
Leave the law as it is. It's working. The last thing we need to do is pass laws simply because the National Rifle Association wants them passed.
Peter Johnson, Dallas |
TX: ... but it's legal tradition (4th letter)
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Bruce W. Krafft
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FULL TEXT BELOW:
Re: "Securing your castle – This is an unnecessary law that will only benefit criminals, says Claire Stanard," Thursday Viewpoints.
Ms. Stanard frets, "Under this bill, virtually every defendant will be presumed to have acted in self-defense, and, to obtain a conviction, the state must disprove presumption."
I think the legalese for this is "presumption of innocence until guilt is proven." It's a quirky, but longstanding tradition of our system of justice. Ms. Stanard should realize that she might face slow going in getting rid of it.
Robert Butsch, Duncanville |
NY: Diallo Shooter Will Sue To Get Back His Gun
Submitted by:
New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"Police Officer Kenneth Boss once was part of a group of officers who fired 41 shots at an innocent man."
"The shooting, which killed Amadou Diallo, prompted some New Yorkers to grow increasingly distrustful of the police. Citing the notoriety of the shooting, the police commissioner, Raymond Kelly, has kept Officer Boss on restricted duty, meaning he cannot carry a gun."
"Officer Boss has never wavered in his belief that he is a competent officer. Since the misdeed eight years ago, he has been demanding a second chance at policing. Today, he plans to file a federal lawsuit seeking the return of his gun. The lawsuit will claim that Officer Boss has demonstrated his capacity for sound judgment during a recent combat tour in Iraq ..." ... |
IN: Lawsuit: SWAT team, Armed & Famous crew broke into wrong home
Submitted by:
Ed D.
Website: http://www.oregonfirearms.org
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"The city's SWAT team, along with celebrity cops and camera crews from Armed & Famous, broke into the wrong home during a search for two fugitives and kept an innocent woman handcuffed for 30 minutes, according to legal documents."
"The tort claim alleges that police entered Clements's duplex, 826 1/2 W. Main St. ... while Clements was dressed in a nightgown and watching television alone."
"During that time, various officers repeatedly interrogated Clements while she was handcuffed about the whereabouts of people named 'Dustin and Jessica,' the claim said."
"'Eventually, the officers realized that they were at the wrong apaprtment,' Sutherlin wrote."
"Clements believes the actual target of the search was 626 1/2 W. Main St." ... |
NY: City fears protests may follow Bell decision
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Bruce W. Krafft
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"The city is bracing Wednesday for a possible decision on whether to indict police officers in the Sean Bell shooting case."
"The Queens grand jury that has listened to more than 60 witnesses -- including Bell's two friends who were wounded and the five officers who fired 50 shots -- is expected to begin its deliberations Wednesday amid concerns that angry protests could erupt if those critical of the New York Police Department are not satisfied with the findings."
"With that in mind, Mayor Michael Bloomberg traveled Tuesday to Thomasina's, the St. Albans catering hall where he had met previously with community leaders angry about Bell's death." ... |
Smith & Wesson Holding Corporation Posts Record Third Quarter Sales
Submitted by:
New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"Smith & Wesson Holding Corporation ... parent company of Smith & Wesson Corp. ... today announced financial results for the third fiscal quarter and nine months ended January 31, 2007."
"Sales for the third quarter ended January 31, 2007 were $53.9 million, which was 39.5% higher than sales of $38.6 million for the comparable quarter last year. Results for the quarter included January sales for Thompson/Center Arms. The acquisition of Thompson was completed on January 3, 2007, and third quarter sales reflect $3.3 million in sales from Thompson for the period from the acquisition date to January 31, 2007." ... |
IL: Press Conference to Kick Off Massive Gun-Rights Rally at Illinois Capitol
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New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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... "Gun owners from across Illinois will be descending on the state capitol on Wednesday to express their opposition to slew of gun control bills being pushed by Chicago mayor, Richard Daley."
"Sponsored by the Illinois State Rifle Association (ISRA), the IGOLD rally will kick off with an 11:00 AM press conference in the Capitol's Blue Room. The topic of the press conference will be several gun control bills presently moving their way through the legislature. Of special interest will be SB16, a proposed ban on so-called 'assault weapons.'" ... |
IL: Assault Weapons Manufacturer and Gun Dealers Sponsor and Underwrite 'Gun Lobby Day' to Protect Profits
Submitted by:
New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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An assault weapons manufacturer, 'Rock River Arms,' and a gun dealer, 'Springfield Armory,' are sponsoring a 'Gun Lobby Day' in an effort to protect their profits and stop the Illinois state legislature from regulating cop-killing assault weapons and measures to prevent gun violence."
"The 'Gun Lobby Day' is planned for tomorrow, Wednesday, March 14 at the Illinois State Capitol. Illinois is home to assault weapon manufacturers ArmaLite, Inc., D.S. Arms, Inc., Eagle Arms, Les Baer Custom, Inc., Rock River Arms, Inc., and in 2004 was found to have the highest number of assault weapon manufacturers in the nation." ... |
OH: Dispatch: Hunters' concealed-carry a hot topic (BFA)
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Bruce W. Krafft
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"The Columbus Dispatch's Dave Golowenski has written an article noting that Ohio's Wildlife division sees benefits of CHL-holders being able to tote a concealed handgun while hunting."
"From the story:"
"While there is bound to be some honest disagreement on the matter, concealed-carry advocates figure the woods will be safer in coming years."
"'A hunter should be able to carry a gun for self-defense,' said Gerard Valentino, central Ohio chairman of the Buckeye Firearms Association ..."
"... the Ohio Division of Wildlife came to the conclusion after a year of consideration that, given Ohio law, under all circumstances personal protection should include a concealed firearm packed by someone with a permit to do so." ... |
OH: The Crying Begins Over So-Called "Public Records" (OFCC)
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Bruce W. Krafft
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"We all know that the media loophole that gave access to the personal information of concealed handgun license holders was never intended to become public record and available in bulk. Even The Cincinnati Enquirer's latest story, 7 Secrets Government Keeps, admits that Governor Taft 'compromised' on a solution that made the records anything but public."
"Originally, the legislature intended to create a system where the news media could ask if an individual had a license to carry a concealed handgun ... Since passing HB12 into law, some members of the news media have blatantly misused their loophole to acquire and publish complete lists of licensees with no other reason than to ostracize our law-abiding CHL community. ..." ... |
OH: Last Day For Buckeye Tuck! (OFCC)
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Bruce W. Krafft
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"Today is the last day Ohio CHL holders will have to worry about openly carrying firearms in a motor vehicle (although it will still be legal if you choose to do so)."
"Wednesday, March 14 at 12:00am, Ohio's Concealed Carry Reform Bill (HB347) goes goes into effect, 90 days after former governor Bob Taft's veto of the bill was overridden by the legislature."
"Barring any last minute court action to stop the legislation, the requirement to open carry in a motor vehicle (Ohio is currently the only state to require such an oddity) will soon be nothing but a bad memory."
"One of the most exciting reforms going into effect tomorrow is that nearly all local gun laws will be invalid. ..." ... |
NY: Brooklyn-Based Think Tank Slams Gun Violence In Big Apple
Submitted by:
New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"Officials of the Caribbean Guyana Institute for Democracy have again expressed concern about increased gun possession and gun violence in some Caribbean-American communities in New York City."
"Rickford Burke, president of the organization, expressed the fear just days after an armed 21-year-old Trini national was shot to death by an off-duty copy at a Trinidad-owned, Brooklyn-based nightclub."
"'This trend is pervasive and unacceptable, and it is paralyzing our streets. As a society, we must I do something to curb it,' Burke said. 'I do not believe that enough is being done at the political and community leadership levels to address the issue collaboratively with law enforcement.'" ... |
OH: Newspaper Reporter Takes CHL Course (OFCC)
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Bruce W. Krafft
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"A News Journal reporter recently took Ohio's Concealed Carry Training from the Hamilton Police Department and reported on her experience in the paper. Her article can be read on their website too: Reporter exercises First, Second Amendment rights"
"We've come to expect the gun-hating-reporter-takes-a-class-and-rants-about-it story, but we can't find many* flaws in Denise Wilson's professionalism and attention to details. Wilson didn't go to the class to say she attended and is now qualified to vilify gun owners and our choice to carry firearms."
"She clearly took notes, learned the material, and admitted learning a lot about firearms ... Honesty in a news piece on firearms? You'd think it was April 1st." ... |
UK: Snakes don't frighten my stepson — but muggers do
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Bruce W. Krafft
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"There are a number of milestones in a child's progress that middle-class parents rarely allude to and one of them ... is 'the first time your son or daughter is mugged'. ... Mugging has become ... NFL (Normal For London) and, in fact, NFACUK (Normal For Any City in the UK)."
"In the week that the crime was committed against Chloe, another, which went unreported, was committed against my stepson. Nothing much frightens Ben ..." ...
"The police were called, but the crime will not find its way on to the next list of robbery statistics (last year the figures of reported robbery rose by 8 per cent) because only one of the boys had his phone stolen and he was, understandably, too intimidated to be prepared to give video evidence ..." ... |
Philippines: 17 killed in gun ban crackdown
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FULL TEXT BELOW:
Manila, March 13 (DPA) In all 17 people have been killed and more than 1,000 arrested in the Philippines in a nationwide crackdown on violators of a gun ban ahead of mid-term elections in May, police said Tuesday.
The gun ban took effect on Jan 14, the start of the election period in the Philippines, which will hold congressional and local elections on May 14.
Under the ban only on-duty military and police personnel and some politicians and top personalities granted exemptions, are allowed to carry firearms. |
Individual Ruling - D.C. gun ban goes down
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Bruce W. Krafft
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"In a blockbuster opinion from the U.S. Court of Appeals for the District of Columbia Circuit, Senior Judge Laurence H. Silberman, joined by Judge Thomas B. Griffith, ruled that 'the Second Amendment protects an individual right to keep and bear arms.'"
"That puts the D.C. Circuit in rather exclusive company. Only the Fifth Circuit, which includes Texas, Louisiana, and Mississippi, has adopted the 'individual rights' position; all the other circuits have held that private citizens have no Second Amendment recourse when they challenge state and local gun-control ordinances. Moreover, only the D.C. Circuit has actually invoked the Second Amendment to overturn a government gun regulation. Not even the Fifth Circuit went that far." ... |
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