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Newslinks for 8/14/2012

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CA: Man arrested for beating opossum can sue police
Submitted by: Anonymous

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ANAHEIM, Calif. -- A Southern California man arrested with his young son for beating an opossum with a shovel can sue police officers for wrongful arrest because it's not illegal to kill an opossum, a federal appeals court ruled.

In 2008, Lorenzo Oliver called Anaheim police about an opossum attacking his bulldogs in his backyard.

Officers Ryan Tisdale and James Brown arrived a short time later and saw Oliver and his then-12-year-old son beating the animal with a shovel. The father, 54 at the time, was arrested, and his son was detained for investigation of trying to kill the animal.

 

CBS: House Oversight to sue Holder today on contempt citation
Submitted by: rick schwartz
Website: http://jack-burton.hubpages.com/hub/Jacks-World-Famous-Black-Bean-Soup

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The Obama administration will have to answer in court for its refusal to release thousands of documents to Congress over Operation Fast and Furious as early as today. CBS reports that the House Oversight and Government Reform Committee will file a lawsuit in federal court to enforce the House’s civil contempt citation. The effort has little precedent — mainly because this is as far as most conflicts over executive privilege go before one side blinks
 

MO: KC police hold a treasure trove of license plate data
Submitted by: Anonymous

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Over two years, Kansas City police have used automatic license plate readers mounted on patrol cars to collect nearly 7 million license plate numbers.

The plate numbers are stored in a database along with the time, date and exact location that each vehicle was scanned by one of the readers.
 

I had lunch with my fellow Americans today
Submitted by: rick schwartz
Website: http://jack-burton.hubpages.com/hub/Jacks-World-Famous-Chocolate-Chip-Banana-Split-Cookie

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I went to the Sikh temple in Durham, NC. I showed up at about 11:30 and went inside.

There must be some sort of gun enthusiast radar. I don’t know if they found me or I found them, but we found each other. The guys I was sitting next to were both Sikh and gun owners. We talked about guns, and we’ll be getting together sometime soon to go shooting. One of my new friends said that he was surprised that no one in the Temple shot at the intruder. He was mystified as to why there was no one with a gun available to shoot back. He assured me that it was almost certain that there were concealed carriers in the congregation.
 

NY: How a Building Super Foiled the NYPD’s Super-Secret and Probably Illegal Dumb Surveillance Operation
Submitted by: Anonymous

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After 9/11, the New York Police Department in its manifest wisdom decided to start pretending that it was a global intelligence agency staffed by stealthy Jason Bourne types. In pursuit of its goal of spying on all Muslims, everywhere, New York's finest even crossed the Hudson River to New Brunswick, New Jersey, to establish a secret surveillance outpost because seriously there are Muslims literally everywhere. That little operation was foiled in 2009, though, when a super named Salil Sheth happened upon an apartment filled with surveillance equipment and Muslim literature and called 911 because he thought he'd stumbled upon a terror cell. The AP has just obtained the audio of the call.
 

FL: Defense attorney in Trayvon Martin case plans to use traditional self-defense argument
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The attorney for the former neighborhood watch volunteer who shot and killed Florida teenager Trayvon Martin said Monday he believes that the facts that will be argued in the case fall more under traditional self-defense.

Mark O’Mara, who is defending George Zimmerman against a second-degree murder charge in the fatal February shooting, said looking at the case through traditional self-defense circumstances is appropriate because the facts suggest his client couldn’t retreat from a beating he was receiving from Martin.
 

TX: Bystanders help stabbing victim
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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It was a typical Monday afternoon for John Polonchak until someone ran into his automotive store saying a woman had just been stabbed.

"I had a concealed carry permit so I grabbed my weapon, ran down the road, saw a man down the street waving a bowie knife around chasing people," he said.

Polonchak, along with several bystanders rushed to the woman's aid and worked to disarm the man.

"I kicked the knife out of his hand, kicked him in the face, pinned him to the ground and some other people helped me hold him there til the cops got there," he said.
 

Ryan will bring gun owners to the ticket
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Mitt Romney’s choice of Wisconsinite Paul Ryan as his running mate was a bold move on more than one level, and one that should hit the right nerve with American gun owners worried about Romney’s record on gun rights.
 

To solve gun violence, we need a counter-balance to the NRA
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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We could limit caliber size and powder grain amounts, we could limit magazine size, we could restrict the amount of ammo that can be purchased and the amount of accumulative totals of ammo one can own, or we could require gun owners obtain liability insurance before purchasing a weapon.

None of those ideas would restrict a citizen’s right to keep and bear arms and none would likely have prevented any of the mass casualty shootings above.

But it might have lowered the body count.
 

WA: Even in self-defense, can you afford to pull the trigger?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Nearly five years later, with criminal and civil proceedings behind him, Fortier and his father say they are on the verge of bankruptcy. They spent more than $250,000 trying to prove what Bryce Fortier had said all along: He pulled the trigger to save his life.

"Even if you're right or justified, it's horrendously expensive," said his father, Andrew Fortier, 49, of Seattle. "The whole process was astronomically frustrating, god I can't even explain it. But then, at the end of the day, I knew that if I had to spend it I was going to spend it."
 

WV: Deadly Shooting Suspect Claims Self-Defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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State police say the suspect in a deadly shooting is claiming self-defense.

...

Police say the two men were strangers and met in the gas station parking lot shortly before 11:45 p.m. when they got into a physical fight.

Burgess then pulled a gun on Epperly and shot him three times in the chest, according to police. Burgess told state troopers he did it out of self defense.

"There was a knife recovered on the scene... we're currently investigating what part it played," said Trooper Willis of the West Virginia State Police.
 

What does 'Effective Range' Mean (and what does it mean to you)?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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I have been asked many times by other shooters what the effective range of my gun is and even though I know it's not polite to answer a question with a question, I usually respond by asking them 'what effective range is' just to hear what they say. Well, what exactly is ‘effective range’ and what does it mean in the grand scheme of firearms, shooting and self-defense?
 

UK: The sickening circularity of America's gun control debate
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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"Can't we start with the easy stuff?" he says. "Let's all agree assault weapons are ridiculous."

It's a good point. Neither Democrats nor Republicans – and certainly not Libertarians – are ready to amend their precious second amendment. But surely, level-headed people would see an assault weapons ban as healthy.
 

VA: Armed Robber Foiled by Gun-Owning Store Clerk
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A would-be robber was foiled in Roanoke, VA, when a store clerk pulled out a gun and fired a round at the thief. At least, we think that criminal was a thief. The gun-wielding citizen stopped the crime before it even got started, so it's hard to tell exactly what the criminal's intention was.

Aisha Johnson, a spokeswoman for the Roanoke City Police, explained that an unidentified man entered a grocery store this past Tuesday right before midnight and took out a gun. When the store clerk spotted the weapon, he pulled out a firearm of his own and took a single shot at the gun-wielding intruder.
 

NY: Enforce the existing laws
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Here's the disconnect on the efforts to clamp down on "voter fraud" - so-called - in many states around the country.

The right to vote is fundamental to any democracy, even more intrinsic to our way of life than, say, the Second Amendment's protection of the right to bear arms. Yet, while defenders of the Second Amendment fiercely resist laws meant to reduce gun violence - a real problem in this country - backers of the new voter ID laws are happy to pile up new voting restrictions in an effort to combat a problem that simply does not exist.
 

FL: 'Docs v. Glocks' law dead wrong
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Still reeling from the flawed tuberculosis investigation and the premature closing of Florida's only TB hospital, Gov. Rick Scott's administration has walked into another public relations disaster: "Docs vs Glocks," House Bill 155.

The political party that rails about protecting interference between doctor and patient passed a bill in 2011, which Scott signed, that severely punishes doctors if they ask patients about their guns. Pushed by the National Rifle Association, the law trashes doctors' First Amendment rights but dubiously argues Second Amendment gun rights as justification.
 

How and why? Answering questions about the Sikh temple shooting in Oak Creek Wisconsin
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Even the United States Supreme Court agrees. In the 2008 case, Parker v. District of Columbia, the Supreme Court decided “[the] Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

However, this interpretation is outdated and dangerous. A more appropriate conclusion to come to would be that during the writing of the Constitution, when America did not have a standing military, a militia was important for the protection of the country. Once America gained a standing military, the Second Amendment was no longer necessary. The danger of the amendment goes further than misinterpretation.
 

Mistaken Rifle Delivery Panics Some, but Highlights Real Problems for Gun Owners
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A recent news story from Washington, D.C. highlights just how irrational anti-gun advocates can be about firearms.

A SIG semi-automatic rifle was mistakenly delivered to an address in the nation’s capital. It was intended for a gun store in Pennsylvania, but appears to have been accidentally re-labeled in transit.
 

FL: Zimmerman lawyer appeals judge’s refusal to step down
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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George Zimmerman’s defense attorney asked a higher court Monday to reconsider the refusal of the judge in the case to step down.

Mark O’Mara filed a motion last month asking Seminole County Circuit Judge Kenneth R. Lester to recuse himself. Citing the judge’s scathing order setting bond at $1 million — in which the judge accused Zimmerman of getting read to skip town with a cache of donations — the defense said it had lost faith in the judge’s objectivity.

Judge Lester flatly rejected the request to step down, saying it had no legal merit.

Now O’Mara wants the Fifth District Court of Appeal to reconsider Lester’s ruling. He filed a lengthy motion at the Daytona Beach courthouse Monday afternoon.
 

WA: No charge in fatal Walla Walla store shooting
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A store owner who killed a man during a break-in will not be charged in the shooting, Walla Walla County Prosecutor Jim Nagle said Monday.

An inquest jury ruled in a 4-2 decision Friday the shooting of Cesar Chavira by New York Store Western Outfitters owner John Saul was justifiable homicide.

"The jury verdict of the coroner's inquest indicates how difficult the prosecution of this case would be," Nagle said.
 

UT: Congress lacks authority to pass laws to limit guns
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The writer asked: "Do you think citizens have a practical need to own assault rifles?" Absolutely! Our government and criminals will have them, regardless. In his criticism of the Second Amendment, he referred to thousands of deaths that have occurred from privately-owned guns. Automobile accidents have caused far more deaths than guns. Congress has no authority to pass laws to control automobiles or guns. Knives and clubs are also deadly weapons.
 

VT: Townshend ends gun ban
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Joe Novick said he never intended to intimidate anybody.

He’s the first constable for Townshend, and through what he called a spirit of cooperation made it a habit to go to many of the town’s Selectboard meetings to update the panel on his activities and any issues facing the town.
 

Norway: Flaws in Norway massacre response uncovered
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A year after a far-right militant's bomb and gun attacks exposed flaws in Norway's terror preparedness, police are being criticized for failing to improve their ability to stop a gunman bent on inflicting mass casualties.

In contrast to the 1999 Columbine High School massacre in Colorado, which led to sweeping changes in police tactics and training in the U.S., the massacre of 77 people in July last year hasn't had a tangible impact on Norway's police force, critics say.
 

‘Stand Your Ground’ with Larry Pratt and Megyn Kelly on Fox News
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Larry Pratt, Executive Director of Gun Owners of America, speaks with Fox News’ Megyn Kelly about “Stand Your Ground” laws.

What effect those laws have on the Treyvon Martin/George Zimmerman case and the effects on those laws, and the line between standing one’s ground and creating a situation requiring self-defense.

Ed.: Video story.
 

Brady Campaign Presses Jim Lehrer To Ask About Gun Violence In Presidential Debate
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Brady Campaign is putting pressure on PBS NewsHour host Jim Lehrer to ask about gun violence when he leads the first presidential debate on Oct. 3.

In a petition launched Monday, the gun control group says Lehrer should ask President Barack Obama and Republican presumptive presidential nominee Mitt Romney about their plans for preventing gun deaths and injuries. The location of the debate is particularly relevant to the issue: It is taking place in Denver, Colo., within roughly 10 miles of the 1999 Columbine High School shooting massacre and last month's Aurora shootings.
 

Rick Perry Breaks With The NRA, Suggests States Should Be Allowed To Ban Guns
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In an interview concerning the tragic shooting on Texas A&M campus on Monday, Gov. Rick Perry (R-TX) took a surprisingly moderate position on gun regulation. Although Perry rejected the suggestion that the shooting — the third high profile shooting in just one month — justified gun regulation in Texas, he also indicated that each state should be able to decide on its own whether or not to ban guns:
 

Mexican Drug Cartel Used “Fast and Furious” Gun in Failed Assassination Plot
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Just when you think the news about the disastrous “Fast and Furious” gun-walking operation can’t possibly get any worse.

A U.S. government report has disclosed that Mexican drug cartel operatives used a firearm from the infamous scheme in a failed attempt to assassinate a high-ranking Mexican law enforcement official.

According to a recent Daily Caller article, the gun “was seized in Tijuana in connection with a drug cartel’s conspiracy to kill the police chief of Tijuana, Baja California, who later became the Juárez police chief.”
 

WI: Concealed Carry Is Under Attack in Wisconsin
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Wisconsin Department of Justice is trying to make it even more difficult to get a Wisconsin Concealed Weapons permit.

There are already too many hoops to jump through just to exercise our rights.

Now they want to increase the training requirements and make them permanent.

If the rules become permanent, do you think these control freaks will ever be willing to loosen their grip when we try to pass Constitutional Carry?
 

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It is not the function of our government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error. — Justice Robert H. Jackson

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