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Newslinks for 5/17/2011

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How can law enforcement tell if crime scene guns were ‘walked’?
Submitted by: David Codrea
Website: http://www.davidcodrea.com

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"Are you telling me, Mr. Melson, that ATF has no records of the serial numbers and descriptions of the Project Gunrunner firearms that would enable any other law enforcement agency, domestic or foreign, to identify them in its own data bases as crime guns?"
 

CT: Student at Abbott Tech in Danbury charged for having BB gun in school
Submitted by: Anonymous

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State police said they charged an 18-year-old Abbott Tech student with second-degree breach of peace Monday after school officials found a BB gun in his backpack .

Police said Darren Deberry of Jeanette Street told them he'd forgotten to take the weapon out of his pack before going to school.

He is scheduled to appear in court May 23.

Submitter's Note: WEAPON????
 

PA: Philly Police Harass, Threaten to Shoot Man Legally Carrying Gun
Submitted by: Anonymous

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A story in today's Philadelphia Daily News shows why it's so important that citizens be allowed to videotape cops - it can be citizens' only way to fight back against police abuse of power.
This incident happened several weeks ago in Philadelphia to Mark Fiorino, a 25-year-old IT worker who carries a gun on his hip at all times for self defense. He got the gun after several friends were mugged.
But he didn't count on attacks by police:
On a mild February afternoon, Fiorino, 25, decided to walk to an AutoZone on Frankford Avenue in Northeast Philly with the .40-caliber Glock he legally owns holstered in plain view on his left hip.
 

NJ: N.J. State Police troopers face strict new DWI policies
Submitted by: Anonymous

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State Police Superintendent Rick Fuentes has ordered stricter policies on alcohol-related motor vehicle incidents involving troopers and launched an extensive review on the use of undercover identification cards.
The order, dated Monday and obtained by The Star-Ledger, was distributed to the command staff of the 2,900-member force and it came one day after the newspaper revealed the alleged cover-up of a trooper’s violent highway accident in Camden County in 2009.
Detective Sgt. William Billingham, an undercover trooper who carried a false identity, rear-ended Philadelphia resident Clayton Tanksley while off-duty and driving an unmarked trooper car, according to internal State Police memos.
 

PA: Man who clashed with cops over legal gun was also armed with audio recorder
Submitted by: Mike DeArmond

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Mark Fiorino's story has three elements that tend to get people worked up - gun rights, Philly police and YouTube.

On a mild February afternoon, Fiorino, 25, decided to walk to an AutoZone on Frankford Avenue in Northeast Philly with the .40-caliber Glock he legally owns holstered in plain view on his left hip. His stroll ended when someone called out from behind: "Yo, Junior, what are you doing?"

Fiorino wheeled and saw Sgt. Michael Dougherty aiming a handgun at him.

What happened next would be hard to believe, except that Fiorino audio-recorded all of it: a tense, profanity-laced, 40-minute encounter with cops who told him that what he was doing - openly carrying a gun on the city's streets - was against the law.

Submitter's note: If your not doing anything wrong you have nothing to worry about?
 

LA: Concealed Carry Bill Aims to Protect Students’ Right to Self-Defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In a legislative session filled with bills to heavily alter Louisiana’s higher education system, students of public universities and colleges may soon experience one more adjustment: concealed weapons on campus.

HB 413, sponsored by Representative Ernest Wooton (I – Belle Chase), would allow licensed individuals to bring concealed firearms onto campuses of public universities, colleges, and post-secondary vocational schools. The bill was introduced to the House on April 25.

The state’s 36,000 concealed handgun permit holders would have the same self-defense rights they possess elsewhere, with a few notable exceptions. Licensed firearm carriers would be required to inform school officials of their intent to carry on campus.
 

IL: NRA Files Suit Against Unconstitutional Ban on Carrying Firearms for Self-Defense in Illinois
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The National Rifle Association is funding and supporting a lawsuit that challenges the constitutionality of Illinois’ complete and total ban on carrying firearms for self-defense outside the home.

The case, filed today in the United States District Court for the Southern District of Illinois, is Shepard v. Madigan. The lead plaintiff is church treasurer Mary Shepard; joining her is the Illinois State Rifle Association, the NRA’s state affiliate.
 

MN: Rep. Slocum: 'Shoot First' Bill Will Increase Gun Violence
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Minnesota House of Representatives passed HF 1467, the Omnibus Gun Bill Friday. The bill makes significant changes to law enforcement ability to seize weapons, gun permit regulations, and establishes an expansion “castle doctrine.”

State Rep. Linda Slocum (DFL–Richfield) said this bill will dramatically hurt public safety.

“The entire bill is full of unnecessary and, quite frankly, foolish public policy,” Slocum said. “This ‘Shoot First’ Bill won’t make Minnesotans safer and won’t help law enforcement officials do their jobs.”
 

MT: FWP: Bear shot near Missoula case of "self defense"
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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State officials say that a Missoula man shot a grizzly bear in self defense Sunday in the Blackfoot-Clearwater Wildlife Management Area near Seeley Lake.

Montana Fish,Wildlife & Parks states in a press release that a female grizzly bear with two cubs surprised the man shortly after noon. The man first hollered at the bear, but the bear continued to advance toward him. When the bear approached to within eight yards, the man shot and wounded the bear.

The man attempted to leave the scene, but the bear chased him, and the man then fired a second shot at five yards, which caused the bear to drop and stop its approach.
 

Mexico: Mexicans Take Up Arms in Self-Defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Five years into President Felipe Calderon’s war with the drug cartels, a growing number of Mexicans are tired of shopworn excuses from a government which appears to be incapable of protecting the public from murderers and kidnappers. Life in a country which is increasingly being recognized as a “failed state” is leading more and more citizens to the realization that self-defense is the right and responsibility of every human being. That realization is leading to more and more Mexicans procuring firearms, often despite the Mexican regime’s harsh laws regulating their ownership. ...the growing trend toward private gun ownership in Mexico is a result of the government’s utter failure to protect the people...
 

IL: Illinois Citizens Suing State to Gain Concealed Carry
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A former corrections officer and a downstate farmer have joined with the Second Amendment Foundation to sue the State of Illinois over its constant failure to institute a concealed carry law.

In its press release the Second Amendment Foundation says that, "Illinois statutes that completely ban the carrying of handguns for self-defense are 'inconsistent with the Second Amendment.'"

The foundation insists that its lawsuit is not intended to create law, but only to determine that prohibiting concealed carry is impermissible under the Second Amendment of the U.S. Constitution and in light of the Heller ruling, the prohibition is obviously untenable.
 

IL: Illinois Concealed Carry Ban Heading To Court
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Two Illinois citizens, backed by a Washington-based pro-gun group, filed suit in federal court asking that the state's ban on both concealed carry and open carry of firearms be declared unconstitutional. Michael Moore, of Champaign, and Charles Hooks, farmer from Percy, have taken a play from the liberal playbook and are using the courts to get around opposition from the state legislature and Governor.

This attempt by two citizens to sue both Attorney General Lisa Madigan and State Police Superintendent Patrick Keen is a stroke of absolute genius.
 

WI: Wisconsin Personal Protection Act Heard in Committees & Hundreds Show Their Support
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Making it evident that they are tired of being denied the right to carry a concealed handgun for self-defense, hundreds of Badger State residents attended hearings Thursday, May 12 on the Personal Protection Act (PPA) in the Senate and Assembly Judiciary Committees.

This degree of citizen participation is rarely seen by legislators, even in this age of controversy at the Capitol, and many took note.

The Senate Judiciary Committee met in Wausau and heard both Senate Bill 93, the “permitless carry” bill, and Senate Bill 90, the “shall-issue” license bill. The NRA testified in support of both bills. If each bill becomes law, citizens will have the option of carrying under either of the two systems, as described in the bill summary here.
 

SAF Thanks NRA, CRPA for Effort to Enforce its 1994 Assenza Case Victory
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Second Amendment Foundation today publicly thanked the National Rifle Association and California Rifle & Pistol Association for sponsoring two new legal actions that seek enforcement of a case SAF won in 1994 against the City of Los Angeles regarding concealed carry permits.

The case, Assenza v City of Los Angeles, resulted in a judgment against the city, which had to issue a check to SAF on April 11, 1995 for the amount of $50,000.

...

"SAF is determined to win back firearms rights one lawsuit at a time, if necessary," he concluded. "Evidently, it is sometimes necessary to do it over and over again."
 

IL: Update: Have SAF, NRA lawsuits pushed IL solons to reconsider concealed carry?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The double-whammy federal lawsuits in Illinois – one filed by Bellevue-based Second Amendment Foundation and the other by the National Rifle Association and Illinois State Rifle Association – may be responsible for this morning’s possible “attitude adjustment” in the Prairie State capitol for adoption of a concealed carry statute.

There are reportedly some differences in a new plan - differences clearly appalling to Evergreen State gun owners that will immediately become apparent (below) -- but Illinois is, after all, a long ways from Washington.
 

CT: Firearms Rights Group Connecticut Citizens Defense League Collecting Canned Goods for Needy
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Popular Connecticut gun rights organization the Connecticut Citizens Defense League (CCDL) is now collecting canned goods at all of their meetings and events.

Donations will be given to the Bridgeport Rescue Mission and St. Johns Church in Sandy Hook.

Scott Wilson, president of the volunteer organization, says “Community action has always been a part of our mission, we don’t want to be seen as a group that only cares about guns.

Firearms are just one part of the equation that represents individual liberty, and a lot of individuals have lost much of what they’ve spent their lives trying to build.
 

PA: Republican lawmakers moving slowly on their stated priorities
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Castle Doctrine: The House and Senate passed identical bills expanding the self-defense justification outside the home. The bills remove a requirement that someone defending himself must take steps in retreat before using lethal force outside of a home.
 

PA: Sounds from the showdown over a legal gun
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Sgt. Michael Dougherty, approaching Fiorino, who had a gun holstered on his left hip: "Yo, Junior, what are you doing?"

Mark Fiorino: "Junior?"

MD: "Let me see your hands."

MF "Excuse me, why are you pointing your gun at me, officer? . . . Sir, you're threatening me with lethal force."

MD: "No, I'm not threatening you."

MF: "You're pointing a weapon at me."

MD: "I don't know who you are; you've got a gun on you."

MF: "Would you like to see my license to carry firearms and my driver's license? . . . I'm going to hand you my license to carry firearms."

Ed.: Assault with a deadly weapon under color of law. These officers should be sent to prison for a long, long time.
 

IN: Fourth Amendment Takes A Hit 9 Out Of 10 Left
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The announcement that the Indiana Supreme Court has taken a major step in crushing one of our sacred Amendments contained in our Bill of Rights came out of nowhere.

Just reading the reports that states people have no right to resist police officers who illegally enter their homes, is a hard hit between the eyes. In the same week the Court also ruled that officers serving warrants can enter a persons house without knocking.

In the past 4 months here in Indiana we worked very hard to remove the infringement of our Second Amendment that has occurred by local governments over the past several decades, and we succeeded. Then ... we turn around and see the Fourth Amendment takes a hit.
 

PA: Vote assists terror suspects
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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It was reasonable to expect that the eradication of Osama bin Laden would invigorate the nation's resolve to battle terrorism.

Well, maybe not.

Incredibly, all Republicans on the House Judiciary Committee voted in lock step last week against a bill that would have enabled the Justice Department to preclude the sale of firearms and explosives to individuals on terrorism watch lists.

Under the preposterous notion that such a measure would somehow diminish Second Amendment rights, the 22 "no" voters also voted "yes" on the question of whether suspected terrorists should be allowed to buy weapons.
 

IL: Concealed-carry options still under discussion
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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When it comes to concealed-carry, however, that idea meets almost universal opposition.

"It needs to be uniform," Davis said. "Allowing counties to opt-out would create logistical challenges for individuals."

The National Rifle Association also opposes opt-out.

"We don't think people's rights should be based on their zip code," NRA lobbyist Todd Vandermyde said.

The Second Amendment Foundation, a pro-concealed-carry group based in Washington state, sued Illinois on Friday, contending that the state's ban violates the Second Amendment.

The suit targets the state's Unlawful Use of Weapons statute, which states that it is illegal to carry a concealed weapon except on one's own property.
 

OH: Columbus City Council calls on Kasich to veto guns-in-bars legislation
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Columbus City Council took aim at guns in bars and took the side of the Ohio Consumers' Counsel in resolutions tonight that blasted two proposals before state officials.

The seven council members, all Democrats, unanimously called on Gov. John Kasich, a Republican, to veto a bill that would allow patrons to carry concealed guns in bars and restaurants where alcohol is served.

They also urged the state legislature to reject proposed cuts to the Consumers' Counsel, which represents utility customers in disputes with utility companies.
 

WI: WisPolitics: Galloway, Larson talk concealed carry on 'UpFront'
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Republican Sen. Pam Galloway, on "UpFront with Mike Gousha," voiced support for concealed carry legislation that would have optional training and permitting on while Democratic Sen. Chris Larson said there's no need for a change in law.

Galloway (left), of Wausau, has introduced two concealed carry bills, one with a training and licensing component and the other without one. She said on the statewide TV newsmagazine produced in conjunction with WisPolitics.com that lawmakers were considering a compromise bill that would allow people to carry concealed weapons without a permit or training, but that would also create a permitting process for those who wanted to carry weapons in other states.
 

CA: Calif. Assembly bans open carry of unloaded guns
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The California Assembly approved a bill Monday to prohibit openly carrying unloaded handguns in public after a debate that pitted gun rights proponents against chiefs of police.

The bill, AB144, would make it a misdemeanor to carry an exposed and unloaded gun in a public place, street or vehicle except in some unincorporated areas. It was approved 45-29 largely along party lines and moves to the Senate.

Several states ban openly carrying handguns and at least one applies the ban to unloaded weapons.

The National Rifle Association was one of several groups that opposed the California bill and reportedly plans to sue if it becomes law.
 

CA: Federal judge rules against Calif. gun advocates
Submitted by: Doug Charette

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A federal judge ruled Monday there is no constitutional right to carry a hidden gun in public — a decision that dealt a setback to gun-rights advocates who had challenged how much discretion California law enforcement officials have in issuing concealed weapons permits.

U.S. District Court Judge Morrison England Jr. in Sacramento supported a policy by Yolo County Sheriff Ed Prieto that says applicants must have a reason, such as a safety threat, to legally carry a concealed weapon in his county northwest of Sacramento.
 

TX: Special treatment for lawmakers
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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And we hope the House will ignore Senate Bill 905, by Sen. Dan Patrick, R-Houston, which would allow legislators and some other officials with concealed handgun licenses to boldly go — with guns — where mere Texans cannot venture. That list includes bars, churches, hospitals and businesses posting signs barring concealed handguns.

Please.

On this one, we're with Sen. Brian Birdwell, R-Granbury, who is a vocal supporter of Second Amendment gun rights.

"I could not in good conscience grant myself a privilege that I had failed to first grant law-abiding citizens," Birdwell said. "If we are going to expand when and where Texans can legally carry a concealed firearm, we should start with our citizens, not our lawmakers."
 

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