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Newslinks for 6/10/2008

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OR: Readers seek more legal answers on self-defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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I am a little confused about the logic of Oregon's firearms laws regarding loaded handguns in vehicles. It is my understanding that with a concealed handgun license, it is legal to carry a loaded handgun in a vehicle on public streets and highways in Oregon where most of the public is located. If I read the law correctly, it seems to be illegal to carry a loaded handgun on an ATV when riding off-road in the mountains, where it would seem logical that there may be more dangers than out in the public. Have I misinterpreted the laws, or is this just something that the Oregon legislature has not addressed? Thanks! — Larry
 

CA: Man shoots would-be burglar
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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An armed East Oakland homeowner who tried to dissuade a burglary suspect with several warning shots ended up shooting the man in the leg Monday in the most recent in a string of incidents in which victims have shot suspects.

...

The homeowner walked to his deck and fired warning shots with a pistol, which seemed to drive the man away.

But when the homeowner stepped out his front door, the suspect reappeared and began moving toward the house, as if determined to get in, according to a statement the man gave police. The homeowner fired two more warning shots into the ground, but the suspect kept coming forward, at which point the homeowner shot the suspect in the upper leg.
 

OH: 'Castle Doctrine' Protects Ohioans
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Both houses of the Ohio General Assembly have passed a “Castle Doctrine” bill similar to those in place in many states. Gov. Ted Strickland, who supported the measure, is expected to sign the bill into law.

Opponents of the bill had warned that it could grant criminals licenses to kill in some situations. Their criticism sounded much like that voiced over another measure, the so-called “concealed carry” law, enacted four years ago.

But that law, fine-tuned to some extent by the new bill, did not result in the havoc that critics predicted. ... But during the four years the law has been in existence, we have heard of few problems relating to it.
 

Founding Fathers thought we all should be armed
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Niccolo Machiavelli, who was a sort of Karl Rove of his day, though with more integrity, said of the Swiss that they were "the most free and most armed people" of Europe. Get it? The connection between arms and freedom?

That statement is still true of the Swiss. Many people know that they practice neutrality, but not many know that they practice armed neutrality. If the gun controllers' claim that the mere presence of arms leads to mayhem were true, the Swiss would have wiped themselves out years ago. There are guns and gun ranges all over the place. You would be hard-pressed to find a Swiss home without a firearm and ammunition. Yet, the Swiss have a very low crime rate.
 

Now Playing at Reason.tv: The High Stakes of the DC Gun Case
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Alan Gura is the lead attorney in District of Columbia v. Heller, the first major U.S. Supreme Court Case about gun rights to be considered since the late 1930s. In the mid-1970s, the District of Columbia passed draconian gun-control legislation that effectively made it impossible for residents to legally own guns. Representing seven plaintiffs who want to own guns for self-protection and other reasons, Gura and his associates have challenged the constitutionality of D.C.'s gun laws.

Ed.: *Ignore* the comments. It is a prank. The supreme court has *not* yet ruled on Heller, let alone against us.
 

LA: Campus weapons proposal pulled
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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One of the most controversial bills of the legislative session, to allow concealed weapons to be carried on the campuses of universities, community colleges and vocational technical schools, died Monday when its chief sponsor pulled it from consideration.

Rep. Ernest Wooton, R-Belle Chasse, said he did not have the votes to pass his House Bill 199, targeted by editorial writers and opposition from university officials.

But Wooton warned that he will bring the bill back "at every session I can," including next year's fiscal session during which lawmakers can file five non-fiscal bills.
 

Preaching the gospel of Barack Obama
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Michelle Obama is arguably Obamanity's greatest evangelist, even though she has a streak of Old Testament smiting and wrath to her. She insists her husband has redeemed the entire nation (hence her newfound pride in America). She proclaims her husband is the sort of leader who will fix our broken souls. But don't hope for grace on the cheap. "The change Barack is talking about is hard," she insists, "so don't get too excited, because Barack is going to demand that you, too, be different."

Those of you who thought we had a Second Amendment to keep government from fixing your soul are so 20th century. Evolve already.
 

WA: Back to the Future
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Stop me if you've heard this one.

A guy walks into a crowd and shoots some people. The mayor then proposes new gun control laws that wouldn't have prevented the original crime.

Sound familiar? Then you probably heard about Seattle Mayor Greg Nickels' plan to ban guns in all city facilities, particularly public event venues. This comes in the wake of the May 24 shooting of three people at the Seattle Folklife Festival. It seems to me we've been down this road before.
 

NJ: N.J. top court says killer can get retrial on self-defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A man who killed an attacker in Jersey City had his reckless manslaughter conviction reversed Monday by the state Supreme Court, which cited botched jury instructions.

However, Wilberto Rodriguez will still face a retrial to determine if he was justified in using deadly force in self-defense.

The 6-0 decision by New Jersey's highest court found deadly force is not always allowable and people must retreat if they can do so safely.

"We will not assume that in all robberies a victim will reasonably believe he is likely to suffer death or serious bodily injury and cannot safely retreat," Justice Barry T. Albin wrote for the court.
 

Supreme Court: 22 cases remain undecided
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Highlights of some high-profile Supreme Court cases, among the 22 that remain to be decided before the court begins its summer recess scheduled in late June:

...

_Gun rights, and the fate of a handgun ban in Washington, D.C. The court is undertaking the first comprehensive review of Second Amendment rights in U.S. history, and will decide whether individuals have a right to own guns, or whether that right is linked to service in a militia.
 

NC: Attorney general says mentally ill should not get guns
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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North Carolina Attorney General Roy Cooper says patients who are ruled mentally ill by the courts should not be able to obtain guns.

A Senate committee is to consider a bill Thursday to keep guns away from those who have been involuntarily committed.

Cumberland Sen. Tony Rand offered the bill to require court clerks to enter mental health commitments into a national database, which would provide the information for gun permit background checks.

Ed.: We stopped this in WA (at least for now), because they were trying to take away guns from people *suspected* of being mentally ill, without a jury trial. It would have been just as easy to lose your right to your guns as to get a speeding ticket.
 

IN: Ordinance could ban guns on all South Bend city property
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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An ordinance banning guns on South Bend city property could be passed by the Common Council.

The ordinance would extend a firearms ban to all city property, regardless of state-issued gun permits.

The ordinance received a favorable recommendation in a committee meeting early Monday.

Under the proposed ordinance signs would be posted at buildings as well as at parks.

City leaders say the ban is needed for the protection of all city employees.
 

AZ: Controversial guns on campus bill fails in Senate
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The bill that would allow students, professors and administrators to carry guns on Arizona college campuses won't have a chance to make it into law this session.

Crafted in response to mass shootings like at Virginia Tech last year, Senate Bill 1214 would have allowed people ages 21 and older with concealed weapons permits to bring handguns on college and university campuses.

Senate President Tim Bee, R-Tucson, blocked the bill from a full-chamber vote, saying it didn't have enough support, according to the Associated Press.

The bill's primary sponsor, Sen. Karen Johnson, R-Mesa, said she believes lawmakers pressured Bee into killing the controversial bill, the AP reported.
 

ND: We Should Ban Trucks
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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It seems that the only time that that these things are news is when there’s an agenda to advance. The Dunblane Massacre led to residents of the United Kingdom all but losing their right to use a firearm for self defense. The Tasmanian led to a massive confiscation of personal weapons in Australia.

Mass shootings in the US used to get a lot more play because the leftists were trying to use these tragedies to advance their agenda’s. Can you imagine the consternation of the left that now the argument trends to more letting responsible adults carry guns to deter these nutcases?
 

LA: Vitter turns up volume in his criticism of U.N.
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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“It’s sapping U.S. sovereignty and moving it to a forum that is against the United States,” Vitter said.

Vitter has gained some support in his crusade. Voting 81-10, the Senate passed an amendment in September that would have prevented any United

States funding from going to organizations, such as the United Nations, that would pursue international gun control policies. Though the provision was later stripped out of the legislation, Vitter said it sent a message to the agency that the United States would not allow the United Nations to infringe on the country’s Second Amendment rights.
 

WA: Nickels bans concealed weapons at parks, festivals
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Seattle Mayor Greg Nickels has signed an executive order that asks all departments to come up with a plan within 30 days to ban guns at all property owned by the city.

Nickels signed the executive order after the recent shooting at the NW Folklife Festival at Seattle Center that wounded two people.

"At many of our properties, including City Hall, you can bring a gun if you have a concealed weapons permit. Under this order, people with concealed weapons will be asked to leave or hand over their gun."

It's a city rule that cannot trump state law. The only thing the city and police can do is kick someone with a gun out of a building or an event.
 

NC: Homeowner shoots burglar during home invasion
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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A burglar in Lincoln County got a surprise Monday when a homeowner fired a shot at him during a break-in. Troy Howard said he woke up to the sound of breaking glass at about 2:50 a.m. Monday. The man and his wife then saw a beam of light shining under the bedroom door. Howard, a 71-year-old former Marine, said he always sleeps with a shotgun by his bed and he jumped into action. He said he fired two shots when he heard someone grab the doorknob.
 

CDF Gun Report Shows Increase of Child and Teen Deaths
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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Imagine a bullet fired from a semiautomatic pistol, moving through the night darkness faster than the speed of sound—more than 1,200 feet per second or four football fields end to end. Now imagine that bullet slamming into the body of a child like a brick through a picture window. Hold that image in your mind as you consider some of the leads of recent news articles of child firearm victims.
 

New Children’s Defense Fund Report Shows Children and Teen Firearm Deaths Increase for First Time Since 1994
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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The Children's Defense Fund's 2008 report Protect Children, Not Guns tracks the first increase in the number of gun deaths among children and teens since 1994. Based on the most recent data from the US Centers for Disease Control and Prevention, the report released today shows that 3,006 children and teens died in 2005 from firearms after more than a decade of decline. Trenton , N.J. Mayor Douglas H. Palmer, President of the U.S. Conference of Mayors; Washington, D.C. Mayor Adrian Fenty; and the Brady Campaign to Prevent Gun Violence join CDF in calling for reasonable gun restrictions that protect children and communities.

Ed.: The death by firearm rate for people < 20 years old for 2005 is *exactly* the same as the average from 1999 through 2005, well within expected fluctuations. Note this is for all causes: suicide, accidents, homicides, death by cops (21 "children" last year). Almost a full third of the deaths are the 19 year olds, adults last I checked.

Play with WISQARS. http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html
 

NRA needs to set its sights on illegal firearms dealers
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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Bullets get around, and so do the high-speed limousines that propel them around: guns. Bullets and guns make a very cold team - notorious for not caring about the identity of the target. When the gun is fired, anyone who is not wearing armor and is hit will go down. Bullets aren't concerned with important or unimportant, good or bad, brilliant or stupid. The bullet's job is mechanical indifference to identity, the persistent ignoring of essences.
 

UT: Man accidentally shot and killed
Submitted by: MACpistol.com
Website: http://www.macpistol.com

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Man accidentally shot and killed
June 9th, 2008 @ 11:28am

(KSL News) A Herriman man was shot and killed accidentally over the weekend.

Scott Flinchbaugh, 41, was part of a group working on an upcoming wedding in Rush Valley just south of Tooele.

The homeowner was showing off his gun collection. A guest took one of the weapons, cocked it, didn't see a bullet in the magazine and then pulled the trigger to release the hammer.

Flinchbaugh was hit in the back and was pronounced dead at the scene.

The Tooele County Sheriff's Office says charges are unlikely.

SUBMITTER'S NOTE: Charges are NEEDED here. This was negligent homicide. If ignorance of the law is no defense, then blatant ignorance of gun safety isn't either.
 

Choosing An Off Duty Carry Gun
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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I'm often asked for recommendations for a concealed carry handgun. Because much of my response also applies to selecting an off duty carry gun, I thought that I would address it here this month. There are two differences, however, that apply to police officers. The first is that you should give serious consideration to carrying your regular duty weapon. Many officers discover that when they get their duty gun out of the bulky duty holster and think seriously about carrying it concealed, it is not as difficult as they first imagine.
 

WA: Battle brewing between Seattle and gun rights advocates
Submitted by: R.S.G.

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SEATTLE - Sarah Thorsnes is slowly making progress two weeks after she was shot in the leg while enjoying the Folklife Festival at Seattle Center.

Her boyfriend, Joshua Penaluna, is recovering from a shot to the arm.

Both were innocent bystanders, when a Snohomish County man pulled out a concealed gun and it went off during a fight.

"I'm a little nervous now to go anywhere that's large, open and public," said Thorsnes.
 

NY: Gun advocates ignore meaning of 'bearing arms' through history
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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The Second Amendment to the Constitution of the United States says: "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." This is to give a little insight into this matter which is so blatantly misinterpreted by the "Blathering Class" and other "federal authority" opponents. In the United States, the meaning of "bear arms" is a matter of recent dispute and political debate. One argument is whether the right to "bear arms" relates to the right of an individual to have arms, or whether it relates to a military service meaning, as with the functioning and maintenance of a militia, which is the introductory portion of the amendment.
 

SC: Deputies: Homeowner Shoots 1 Of 3 Intruders
Submitted by: RPA-PAC
Website: http://www.rpa-pac.org

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A Laurens County homeowner told deputies that he shot one of three men who broke into his house early Monday morning. The man called deputies to the home on Fairview Drive near Fountain Inn at about 12:40 a.m. He told investigators that three men broke into his home, kicked in the door of his bedroom and dragged him to another room of the house. The man said that after the men assaulted him, he was able to get a gun and shoot one of the intruders.
 

 QUOTES TO REMEMBER
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom. — John F. Kennedy

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