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Newslinks for 8/10/2005

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Parker v DC: Final response to District's motion to remand/affirm (blog)
Submitted by: TriggerFinger
Website: http://www.triggerfinger.org/weblog/index.jsp

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"The District's chosen line of argument in the Parker case at present is to ask the court to remand the case to the lower courts, in light of Seegars, or for the court to issue a summary affirmance of the lower court's decision. They file their motion, the plaintiffs have the opportunity to respond, and the District then responds to that response. (The same process will occur for the plaintiffs' motion on their desired next step). The District's reply to Plaintiffs' opposition to the District's motion has now been filed, and I'll analyze it here." ...
 

NC: Testimony resumes in trial of man charged with shooting wife at her workplace
Submitted by: Bruce W. Krafft

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"Billy Ray Byrd shot his wife in the head intending to kill her because he realized she was finally going to leave him after years of beatings and abuse, a prosecutor said in opening arguments to the jury this morning. ..."

"... Byrd calmly walked into Olsten ... where Carrie Byrd worked as a receptionist, said 'This is what you want, this is what you want,' and fired a .22-caliber rifle, a bullet penetrating her skull and lodging in her brain ..." ...

"The Pisgah Forest man is standing trial ... charged with two counts of assault with a deadly weapon with intent to kill, one for causing serious injury. He was also charged with violating a domestic violence restraining order and assault by pointing a gun." [emphasis added] ...
 

Banning Gun Lawsuits: Prohibition of nuisance suits on target
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"A few years ago, the strategy of gun-control advocates was obvious: File frivolous liability lawsuits against gun-makers and distributors, knowing that, whatever the ultimate merits of the cases, the manufacturers would be hard-pressed to keep fighting. Many would go out of business, profits would decline for others, and the high costs imposed by endless litigation would drive up the costs of guns and make it more difficult for many people to afford to buy them."

"It was a cynical strategy, but one that is about to end. ..." ...
 

OK: When the NRA Runs Amuck
Submitted by: Bruce W. Krafft

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"You're a corporate executive in a state, say Oklahoma ... and you have decided that guns have no place on company property, including in the cars of employees using the parking lot. So you ban them on penalty of dismissal."

"Your reason is that statistics show that too often when guns are close by, routine arguments and disagreements deteriorate into deadly altercations. You tell the employees that, since this is your property, they must obey the rules and that it is for their own protection. ... the state legislature passes a law overriding your right to control firearms on your own property. When another corporation fires some employees for violating a similar ban, the fat is in the fire." ...
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Submitter's Note: Ummm, what statistics?
 

Fatal shooting of fellow soldier ruled self defense
Submitted by: Bruce W. Krafft

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"Court-martial charges against an Army sergeant who shot a fellow soldier in Iraq have been dismissed after officers reviewing the case found that the accused man acted in self defense, officials at Fort Sill said Tuesday."

"Sgt. David A. Freyaldenhoven had been charged with murder in the death of Staff Sgt. William T. Robbins on Feb. 10, 2004, at Camp Cooke, Taji, Iraq."

"The decision to dismiss the charges was made after review of the criminal investigation report and the evidence presented during a four-day hearing at Fort Sill in June." ...
 

KS: Man, 71, says he shot burglar
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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NOTE:
Use the following information to access this article:
Site username: Newslinks@KeepAndBearArms.com
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"A 71-year-old Leavenworth man told police Monday that he shot a man who had broken into his home."

"The homeowner, who lives in the 1100 block of Pawnee Street, told police that he heard someone breaking into his home about 8 a.m. Monday, said Leavenworth Police Maj. Patrick Kitchens."

"The homeowner said he saw a man standing at the top of a stairway near the garage. The homeowner told police he fired shots at the man, who fled out the door." ...
 

OH: Homeowner Fires Shot During Attempted Burglary
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"A Dayton homeowner defended his home and fired a warning shot when someone tried to break in, according to police. Now, officers said the shot struck the would-be burglar, who is telling them an unusual story about why he was trying to get into the home." ...

"Officers do not plan to charge the homeowner, saying he was defending himself and his wife. Authorities said the man who got shot was arrested after being treated at a local hospital." ...
 

TX: Ex-husband shot as he tries to break through door
Submitted by: Bruce W. Krafft

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"A 41-year-old man was shot to death early Sunday morning when he tried to break into the house where his ex-wife was staying with another man."

"... [O]fficers found William Joe Baker lying on the front porch of Marty Crocker's residence on County Road 3435."

"According to a news release, Baker went to Crocker's home seeking his ex-wife, Anita Baker, 41. Crocker called the police, saying that William Baker was hitting the door and threatening to kill them." ...

"While deputies were en route to the scene, Larsen said the emergency call was disconnected. Crocker called back moments later and told the dispatcher he had fired his semi-automatic rifle multiple times through the door, hitting Baker in the head." ...
 

MI: Kids at Risk of Getting Shot if They Carry Toy Guns
Submitted by: Bruce W. Krafft

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"They look so real, there are times even police cannot tell the difference."

"Toy guns, known as Airsoft pellet guns, are causing such a problem in Kent County police are calling on parents and teens to leave them at home. Police want to get the word out about the problem before someone dies." ...

"A few months later teens chasing each other playing cops and robbers on a West Michigan street scared a woman, who called police. The kids were confronted as if they were criminals.

"In both of those situations, and numerous others, police have come close to shooting people who had nothing more dangerous than a toy pellet gun." ...
 

TN: Trooper shoots himself in leg during pursuit of suspect
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A state trooper shot himself in the leg after chasing a fleeing suspect.

The unidentified trooper was following a car he saw speeding through construction on a busy highway.

The driver abandoned the car in an office park and ran through a field before jumping off a tall embankment.

The suspect -- also unidentified -- broke his ankle in the fall.

Captain Charles Claxton says the trooper caught up to the suspect and was putting his pistol back in the holster when it discharged and grazed his leg.

Another officer arrested the suspect.

Both trooper and suspect were treated at a local hospital.
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Submitter's Note: Better get rid of that spontaneously discharging weapon!
 

WI: Area police stand against concealed carry
Submitted by: Bruce W. Krafft

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"Some local law enforcement agencies are joining the Wisconsin Anti Violence Effort against a new concealed-carry act even before it’s introduced."

"'We are not anti-gun, anti-hunter or anti-NRA,' Green Bay Police Chief Craig Van Schyndle said at a press event held by WAVE at the Brown County Courthouse in Green Bay. 'This is an officer-safety issue and a community-safety issue. Green Bay, Appleton and Brown County are very safe communities, and concealed carry is a very dangerous proposition.'" ...
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Submitter's Note: And tell me, Chief, just how many police officers have been shot by permit holders? I'm sorry did you say NONE?!? Not ONE?!? EVER?!? So how is it an officer safety issue?
 

MS: Officer, Fireman Accused of Assault
Submitted by: Bruce W. Krafft

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"Canton police are investigating one of their own after some parents complained that Officer Salento McMorris physically abused their sons and threatened them with a pistol. All this, they say, while McMorris and Canton firefighter Edward Stewart were off-duty." ...

"'So then I made it about right here under the tree, and he grabbed me and he put the gun to my head and told me to lay down,' Cole said. 'I was trying to tell him to stop...but I started losing breath, so I fell, and that's when he put his knee in my chest, and said, 'Lay down, li'l b----.'" ...

"Much to everyone's surprise, McMorris is a Canton police officer, and the man with him a Canton firefighter. Cole says he smelled alcohol on the men." ...
 

UK: Stop and search isn’t courteous
Submitted by: Bruce W. Krafft

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"'Have you been stopped before?' 'Yes, twice in the last two weeks,' I answer. The policeman at Euston tube station seems quite excited."

"His excitement seems to mount as he rifles through my bag and pulls out a book. It’s a study of Islamism by the French professor ... Gilles Keppel — it has the word jihad in the title."

"'It’s a book,' I suggest. The uncomprehending look on his face says everything about the scapegoating, paranoid atmosphere the government has whipped up in the wake of the London bombings." ...

"But it is all very courteous, say government ministers and their supporters, who, in their vast majority, will never be stopped and searched."

"Courtesy is the last thing to expect if you are stopped." ...
 

Canada: Slayings take toll on police
Submitted by: Anonymous

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"The skyrocketing number of homicides in London has renewed concerns about knifings in the city and placed an unexpected strain on police." ...
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Submitter's Note: The increased restrictions on firearms are having a predictable effect. Similar to suicides, if thugs can't get a gun, they just find a substitute - after all, they KNOW the average citizen is unarmed - even pepper spray is banned. Next in line... the pointy knife ban, to be followed by tire irons and bicycle chains. Perversely, they have created a reverse arms race.

BTW, According to London police, the 11th body found in the stairwell was one of a gang of robbers and was stabbed by the intended victim. The intended victim has been charged with manslaughter after defending himself.

Hopefully the USA can learn from Canada's folly.
 

OK: Web site posters misunderstood editorial on guns
Submitted by: Bruce W. Krafft

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"The plethora of hysterical comments posted to the Daily Press Web site, denouncing what the 'posters' perceived as a wholesale advocacy of gun control, only proves our point."

"The editorial that raised so much ire was not intended to suggest stricter gun control at all; rather, it promoted hands-on training in gun safety and specific use as a precursor to carrying a concealed weapon. It also suggested the NRA should invest some of its considerable resources to help make sure those who carry guns are fit to do so." ...
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Submitter's Note: No doubt these folks would be perfectly fine with 'literacy tests' to "help make sure those who [vote] are fit to do so."
 

NY: Push on to loosen handgun law in Allegany County
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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:Allegany County’s procedures for purchasing and registering a handgun were brought into question this past week during a Public Safety Committee meeting."

"Legislator Brent Reynolds, R-Alfred Station, brought up the issue of buying a handgun in the county and questioned whether the laws could be loosened to allow law-abiding gun owners to more easily purchase a handgun." ...
 

NY: Editor's mailbag -- Police response overdone (multiple letters)
Submitted by: Bruce W. Krafft

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"I really had to laugh about the front-page article in the Democrat-Herald (Aug. 6) about the police busting all the people in the self-defense class. My wife and my mother-in-law were on their way to a wedding that evening when they were caught up in all the police cars responding to the 'incident' involving the martial arts training."

"The article said it took officers away from other police duties. Why? Once the officer in charge had assessed the situation they should have called off the rest, but cops being cops (God bless them) are adrenaline junkies and all seem to have to flow to the excitement no matter what it is."

"I am planning on forwarding the newspaper article to the writers of Reno 911 to evaluate for a new episode." ...
 

WA: Officials back shooting range
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The owners of the Kenmore Gun Range property shouldn't be pressured into building hundreds of homes or condos, despite occupying 80 tempting acres of mostly vacant urban land, county officials said."

"Instead, it should remain an oasis for shooters surrounded by hundreds of homes on culs-de-sac in the county's urban core between Bothell and Brier." ...
 

PA: Rutter on target in championships
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"It’s his first name, not his last, and he’s from Pennsylvania, not Illinois, but that doesn’t mean young Cody Rutter doesn’t share at least one similarity with one William F. Cody, a.k.a. Buffalo Bill."

"At 17, Palmyra’s Cody Rutter may be well on his way to the exploits of the famed frontiersman, especially when it comes to shooting. Thanks to an outstanding performance at the National Rifle Association championships last month, Rutter was one of the 13 shooters selected to compete in the second annual Drew Cup International Postal Rifle championship." ...
 

IA: Friend of NRA banquet set brief
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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FULL TEXT BELOW:

The Great River chapter of Friends of the National Rifle Association will host their second annual banquet on Monday, Aug. 22, at the Burlington Moose Club.

The event starts at 5:30 p.m., with the meal served at 6:30 p.m. and the auction at 7 p.m. Tickets are $25 per person.

Members of the chapter will be at Farm King Friday evening and all day Saturday and Sunday the next two weekends selling banquet and raffle tickets.

Tickets also can be purchased by calling 309–873–2900, 319–758–6700 or 319–759–9525.

All proceeds from the banquet and raffle will go toward shooting programs and educating area youth on gun safety.
 

IA: Deer hunting opened to high-powered rifles
Submitted by: Bruce W. Krafft

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"Hunters can use center-fire or high-powered rifles -- even some assault weapons -- to shoot deer in Iowa under new rules approved Tuesday by a legislative committee."

"It's the latest effort by state officials to reduce the number of deer in the state. The Administrative Rules Review Committee, a joint House-Senate panel, had the power to block the new rules -- but it didn't."

"'I'd like to encourage people to Iowa and hunt deer like they go to Minnesota to fish for walleyes,' said Rep. David Heaton, R-Mount Pleasant."

"The new rules require that the rifles be larger than .24 caliber and have a capacity of no more than six rounds in the chamber and magazine together." ...
 

OH: Hunting seasons just around corner
Submitted by: Bruce W. Krafft

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"Opening day for the early migratory bird hunting seasons again will be Sept. 1, the Ohio Wildlife Council has ruled."

"Mourning dove, the special early Canada goose, and rail, moorhen, and snipe seasons all open at the start of September, the same day as squirrel season."

"The state's dove season will run Sept. 1 through Oct. 16 and Nov. 13 through 26 with a daily bag limit of 15 birds. Controlled dove hunts will be available at Fallsville, Spring Valley, Rush Run, Bott, and Indian Creek state wildlife areas Sept. 1-3, noon to sunset. For details call 1-800-WILDLIFE." ...
 

TX: Outdoor Journal: Osborn honored as top outdoorsman
Submitted by: Bruce W. Krafft

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"William B. 'Billy' Osborn III's passion for hunting, fishing and shotgun sports fueled his desire to serve a number of civic organizations and led the Angler's Club of San Antonio to name him its 47th outdoorsman of the year."

"'I'm blown away at the honor because I know there're a lot of others who are more deserving of it than I am,' Osborn said. 'It's even more special because my father received the same honor about 25 years ago.'"

"They shared public service, too. His father was honored as outdoorsman of the year while serving on the Texas Parks & Wildlife Commission and Osborn is the chairman of the TP&W's Game Bird Advisory Committee and the Texas Quail Council, which are working to improve habitat and awareness of economic impact." ...
 

LA: Free hunter safety course
Submitted by: Bruce W. Krafft

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"Bossier City’s Parks and Recreation Department will conduct free four-day hunter safety courses during the months of August, September and October."

"The classroom portions will take place at the BPAR office, 3223 Old Shed Road. The live fire training will occur at a designated rifle range. "

"Each class is limited to 30 persons who are required to pre-register at the BPAR office on a first come, first served basis."

"The courses are scheduled for the following dates:"

"First Course: Aug. 23 - 25 6:30 until 9:30 p.m. (classroom) Aug. 27, 8 a.m. until 12 p.m. (rifle range)"

"Second Course: Sept. 20 - 22, 6:30 until 9:30 p.m. (classroom) Sept. 24, 8 a.m. until 12 p.m. (rifle range)" ...
 

OH: Sharpshooters may cull 550 deer from city park
Submitted by: Bruce W. Krafft

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"The Cincinnati Park Board wants to hire police sharpshooters to kill 550 deer in Mount Airy Forest next year in an effort to curb the exploding deer population there." ...

"It's not cheap. The proposed $170,000 budget includes $45,000 for salaries and overtime for police and parks staff, $34,000 to process the carcasses, $30,000 for a public relations campaign and $20,000 for helicopter flights over the forest to count deer."

"The use of .223-caliber rifles with silencers also requires special approval from the U.S. [BATFE]."

"To save money, the Hamilton County Park District will experiment with allowing qualified archers hunt deer in county parks during bow hunting season starting this year. ..." ...
 

UK: 100 gun cops circle court
Submitted by: Bruce W. Krafft

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"MORE than 100 gun cops ringed a court in London yesterday for the appearance of four suicide bomb suspects."

"A police helicopter hovered above the building next to top security Belmarsh Prison in South East London, where the men accused of the failed July 21 attacks are held."

"Marksmen from the Metropolitan Police SO19 firearms unit were deployed."

"Colleagues armed with Heckler and Koch sub-machine guns patrolled the grounds while others stood guard with Glock 9mm pistols in holsters." ...
 

Australia: Builders threatened with gun
Submitted by: Bruce W. Krafft

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"POLICE have captured a man who ran into bushes after firing a shotgun and threatening workers on a building site near his home in Sydney's south."

"NSW Police said the 38-year-old man approached a surveyor at the building site across the road from his house on The Kingsway, Caringbah about 12.30pm (AEST) yesterday."

"The man allegedly threatened the surveyor and his work colleagues, police said."

"He then walked back into the backyard of his home where the surveyor heard what he believed to be a gunshot."

"Police pursued the man who ran into the bushes, emerging a short time later."

"Officers found a loaded sawn-off .22 rifle in the bushes as well as a firearm magazine, a pen gun and ammunition." ...
 

Philippines: Village chief faces raps for boy's death
Submitted by: Bruce W. Krafft

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"A BARANGAY captain stands accused of killing a boy before the Regional Trial Court after what he claimed was a warning shot he fired hit the 15-year-old boy in the head."

"City Prosecutor Raul B. Bendigo approved the filing of charges for reckless imprudence resulting to homicide against Godfrey Ganoria Jr., chief of barangay Acacia in Buhangin, Davao City, based on the resolution penned by assistant city prosecutor Efren B. Cachuela."

"Cachuela found probable cause against Ganoria aggravated by the fact that he failed to help the victim after the boy fell to the ground." ...
 

Canada: Stun gun boom floods border
Submitted by: Bruce W. Krafft

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"Criminals are picking up stun guns in record numbers, according to several local authorities."

"Hot on the heels of a major bust in Alberta, where Canadian Border Services Agency (CBSA) seized 59 illegal stun guns being smuggled into the country, the CBSA Pacific region is saying Alberta isn't alone." ...

"Despite the increase in stun gun possession, the rise in assaults with them hasn't been as sharp, leading RCMP to believe criminals carry them for protection. Police say stun guns may be chosen by crooks since illegal firearms possession carries criminal penalties."
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Submitter's Note: So in Canada only criminals can protect themselves?
 

UK: Guns found in city raids
Submitted by: Bruce W. Krafft

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"A SAWN-OFF shotgun, pistol and ammunition have been seized in raids in Liverpool."

"Officers found the firearms and ammunition in three homes ... plus other weapons and drugs."

"News of the operation comes a day after the ECHO revealed how police in the region had seized more than a dozen firearms so far this year in a blitz on gun crime."

"Uniformed officers and members of the Matrix team, the force's anti drug, gun, gang and robbery unit, stormed three addresses ... yesterday using intelligence gathered in the area."

"Along with the shotgun, they discovered an athletics starter pistol which had been converted into a working gun along with ammunition."

"They also seized knuckledusters, other weapons and drugs." ...
 

Australia: Store, hotel held up at gunpoint
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

A CONVENIENCE store and a hotel were held up at gunpoint in separate incidents in Victoria.

Police said two men with pistols went into the gaming lounge of Ferntree Gully Hotel, in Melbourne's east, about 3.30am (AEST) and demanded money from the cashier.

There were two patrons, two staff members and a security guard in the gaming lounge at the time.

The men escaped with cash.

In Grovedale near Geelong, a man carrying a sawn-off rifle robbed a convenience store shortly after 8.30pm.

The man, dressed in black and wearing a balaclava, handed over a bag and demanded cash from the attendant.

The attendant filled the bag and the man fled, police said.
 

 QUOTES TO REMEMBER
A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. ~ Marcus Tullius Cicero (42B.C)

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