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Newslinks for 8/19/2010

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OH: Would-be robbers flee from gun-toting owners
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Authorities are still on the lookout for a pair of would-be robbers who were forced to flee a Vinton County store Saturday after its owners and a customer opened fire on them, Vinton County Sheriff's deputies reported.

At about 4:54 p.m. Saturday, two men wearing camouflage and carrying an assault-style rifle and shotgun entered the Zaleski General Store at the intersection of Ohio 278 and Ohio 677 and demanded money, according to a release from the Vinton County Sheriff's Office.

Store owner Letha Toops retrieved a small handgun from under the counter and fired four shots into the floor in front of the would-be robbers, who then fled.
 

IL: Elderly man shoots at Chicago firefighters
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Firefighters conducting a well-being check on a 93-year-old man in Chicago were forced to take evasive action when he opened fire on them.

Crews responded to the elderly man's house Tuesday night when his medical emergency bracelet or necklace was activated, according to NBC Chicago.

Firefighters arrived at the home at 12:45 a.m. and took out a wall air conditioning unit to gain access to the house after no response at the door.

Thinking the responders were criminals breaking into his home, the man fired two shots that both missed the firefighters.
 

WI: Gun rights ideology trumps common sense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Kagan's presence won't change the Court's balance of power and applying the Bill of Rights to the states has been done fairly regularly over the past hundred years. This ruling also does not keep states and cities from enacting their own restrictions on how firearms can be obtained or used.

But these two events did take me back to a Supreme Court decision two years ago about the Second Amendment and gun ownership in general. This case, MacDonald vs. Chicago, was the real shocker. The decision flipped over 200 years of legal consensus, not to mention a 1939 Supreme Court decision about how this amendment is to be understood.

Ed.: Er, you mean Heller, right? And it's _McDonald_.
 

WV: Charleston police announce plan to reduce gun crimes
Submitted by: West Virginia Citizens Defense League, Inc.
Website: http://www.wvcdl.org/

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"Voluntary" gun registration has arrived in West Virginia. Note the part of the article stating:

The program also includes an effort to document firearms held legally within the city. Charleston police will be giving out safety locks to citizens that voluntarily provide a firearm inventory card for each gun they own to the Charleston Police Department.

Ed.: Additionally, "The firearm inventory cards will also be given out so that people can store them separately of their guns for a record of serial numbers in case they get stolen, Webster said. "
 

OK: DA reexamines pharmacy shooting, could change murder trial
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Ersland is a metro pharmacist charged with murder for the death of 16-year-old Antwun Parker during a May 2009 botched robbery. ...

Surveillance video captured Ersland firing a shot at Parker, then as the teen lies on the floor, shooting him five more times.

Originally, the Medical Examiner's office said the first shot was non-fatal.

That means they believe Ersland killed the teen when he fired the following five shots; those shots may not qualify as self defense.

New documents discovered Tuesday morning call the term "non-fatal" into question.

Two pathologists say in hand-written notes that the first shot was "probably by itself fatal - though not necessarily immediately."
 

MI: L. Brooks Patterson slams gun 'zealots,' but Granholm says change in state law unlikely
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Organizers of Michigan Open Carry Inc., the group behind the effort to strike down the ban, called the comment ignorant. President Jeff Sayers told The Detroit News the group is not encouraging gun-carriers to attend the festival simply to assert their rights.

"I would encourage them to do what they normally do," he said.

...

Gov. Jennifer Granholm said Tuesday she is not planning to seek a change in state law, noting such an effort would not go over well in Lansing. "I could initiate it, but I'd get no support in the Legislature," she said during an appearance in Detroit, per The News.
 

Appleseed Teaching History with Guns
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Dailey's criticism is not specifically directed at the Obama administration (he founded the Appleseed Project in 2005 during the second term of President George W. Bush), but "ignorance, apathy and laziness" which he believes have allowed government to grow and stray from the interests of the people.

"You run across a lot of Americans nowadays who feel that the freedoms we have now are considerably diminished from the freedoms that we had even 50 years ago," Dailey said.

Over its five years of existence, the Appleseed Project has taught 20 thousand students at events scattered around the country, usually in small groups of 10 to 20 people at a time.
 

IL: Sledgehammer break-in botched, would-be burglars caught
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Two would-be burglars got away with nothing but the sledgehammer they used to enter what they thought was an unoccupied house, according to Naperville police.

The botched burglary occurred in the 600 block of Olesen Drive around 3 a.m. Monday, when police received a 911 call from the homeowner, Supervisor of the Naperville Police Major Crimes Unit Brian Cunningham said.

Cunningham said the homeowner called police after hearing a noise. He quickly checked on his family and wielded a baseball bat in self-defense. But the would-be burglars didn't stick around, only reaching the home's foyer before bolting.
 

Total ban fails to stop Chinese gun trade
Submitted by: David Codrea
Website: http://www.examiner.com/x-1417-Gun-Rights-Examiner

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"The paradox and unintended consequence for the gun banners is, the more they make owning a gun difficult, the more innovative and unregulated the market becomes. They create conditions where the real world outcome is exactly the opposite of what they say they want."
 

Obama bans over 100,000 rifles
Submitted by: rick schwartz
Website: http://www.weprotectyourkids.com

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According to The Korea Times, the Obama administration has blocked efforts by the South Korean government to sell over a hundred thousand surplus M1 Garand and Carbine rifles into the United States market. These self-loading were rifles introduced in 1926 and 1941. As rifles, they are especially well-suited to community defense in an emergency, as in the cases of community defense following Hurricane Katrina in 2005 and Hurricane Andrew in 1992. Along with AR-15 type rifles, the M1 rifles are the quintessential firearms of responsible citizenship, precisely the type of firearms which civic responsibility organizations such as the Appleseed Project teach people how to use.
 

MI: Patterson Speaks Out About Guns At AB&E Oakland Co. Executive: Ban Is Matter Of Safety
Submitted by: Bob Devour

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ROYAL OAK, Mich. -- Oakland County Executive L. Brooks Patterson had added his voice to the debate over the open carrying of weapons at the Arts, Beats and Eats festival in Royal Oak......
"We don't deny that they have the right. What we're saying is, 'Is this the right place to exercise that constitutional right?' he said....

Ed.: Also a poll.
 

MI: Join Web chat now on guns at Arts, Beats & Eats festival
Submitted by: Bob Devour

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The gun debate in Royal Oak has prompted intense discussion on freep.com and at media outlets across the state. Is openly carrying a weapon a matter of legal rights, intimidation, safety or all of the above?

Freep.com is inviting people from all sides of the issue to take part in a Web chat about the Royal Oak Commission’s move last night and where this issue may go next.

Join the discussion about the open carry issue right now.
 

WV: A Slippery Slope
Submitted by: West Virginia Citizens Defense League, Inc.
Website: http://www.wvcdl.org/

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A second amendment advocacy group is taking issue with a program unveiled this week by the Charleston Police Department. The department says Project Gun Safe will be a way to call for more responsibility in gun ownership and a crackdown on illegal gun activity in the city.

The West Virginia Citizens Defense League condemns a part of the program as "the arrival of gun registration in West Virginia."

"We are very troubled by the fact the city seems to want to collect information about privately owned guns," said WVCDL Treasurer Jim Mullins. "We believe there is really no good, valid use for that."
 

NV: Police Sent Letters to Possible Costco Shooting Witnesses
Submitted by: Anonymous

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Las Vegas police detectives are reaching out to shoppers of the Summerlin Costco where 38-year-old Erik Scott was shot and killed by police. Letters have been sent to more than 100 shoppers who may have witnessed the officer involved shooting.
Metro says Scott pointed a pistol at police outside the store and eyewitnesses backed up that story up. But soon, other shoppers came forward with a different version of events, saying Scott was no threat at all.
Police have mailed or faxed more than 100 letters to shoppers whose membership cards were scanned at the Costco on July 10, around the time of the incident.
Scott was shot seven times by three officers.

Submitter's note: Don't skip the comments.
 

MI: Mistrial in burglary suspect's death
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Despite vehement objection by the prosecution, Wayne County Circuit Judge Michael Hathaway declared a mistrial Tuesday when the jury deadlocked over whether to convict Detroit homeowner Tigh Croff for chasing down and fatally shooting a suspected burglar.

Wayne County Assistant Prosecutor Molly Kettler told Hathaway that she was shocked by his decision when the jury did not declare itself hung.

"Your shock is duly noted," Hathaway said. "I'm going to declare a hung jury in this case."

Hathaway later met privately with jurors and said the group "was about evenly divided."

Jurors declined to speak, expect for one man who said the panel was split and that some believed Croff had acted in self-defense.
 

CA: Democrat gun ban vote postponed - AB1934
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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AB 1934 would ban the Open Carry of unloaded handguns throughout the State of California. Although the handgun must be unloaded it is legal to carry ammunition with you and, with a little practice, have the gun loaded and aimed in less than two seconds. There are some restrictions however. It is illegal to walk along a public sidewalk or across a public street within 1,000 feet of the grounds of a K-12 public or private school. ...

Since most urban Sheriff's and Police departments do not issue licenses to the general public to carry a firearm concealed, Open Carry is the only means of self-defense available to Californians. If AB1934 passes, they will have none.
 

WV: Pistol toll: Illegal street guns
Submitted by: West Virginia Citizens Defense League, Inc.
Website: http://www.wvcdl.org/

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America has vastly more gun killings and maimings than any other advanced nation. The United States is so saturated with murder instruments that it seems impossible to curb the carnage. But conscientious people should try, anyway.

Chief Webster, prosecutor Plants, U.S. Attorney Goodwin and other organizers deserve gratitude for their attempt to make streets safer. Decent gun owners should cooperate with the registration plan. And we hope plenty of anonymous tips lead to jailing of illegal pistol-packers.
 

India: Digvijay meets PM, opposes Chidambaram’s plan to change gun laws
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Mr Singh, who is the patron-in-chief of the National Association for Gun Rights India, led a delegation of MPs belonging to Congress, BJP and SP, to Prime Minister Manmohan Singh to oppose changes in the gun laws. In a memorandum to the prime minister, the group alleged that in the guise of moving a minor amendment to the Arms Act, ostensibly to make police verification mandatory and creating a database, the home ministry was planning changes on other important aspects of the law with the “goal of undermining every citizen’s legal right to keep and bear arms”.
 

The rules in the DMV vs. Arizona and Montana
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Ed.: DMV is "DC, Maryland, and Virginia". Article lists gun laws in those four states and DC.

The District

-- All firearms must be registered with police. To obtain a registration certificate:

-- Applicant must be at least 21 (applicants 18 to 21 may qualify if parents or guardians give a notarized statement assuming civil liabilities).

-- Applicants cannot have been convicted of or be under indictment for a crime of violence or a weapons offense; they must not appear "to suffer from a physical defect that would make it unsafe" to possess a firearm.
 

FL: Some straight shooting on guns
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In a political season full of distortions, exaggerations and outright lies, Republican gubernatorial candidate Rick Scott draws distinction for the most ludicrous claim.

A recent mailer pictures a handgun with the words "Bill McCollum: Aiming for You Rights." Inside it warns that McCollum "is targeting gun owners."

It points out Scott received a higher ranking from the National Rife Association than McCollum, which is true, if curious.

Marion Hammer, the state NRA lobbyist, bestowed an A rating on Scott for being an NRA member and owning a couple of books about Second Amendment rights.
 

MI: Public reacts to city's decision on gun ban
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Readers seem to be divided on personal rights vs. safety when it comes to openly carrying a firearm at one of Oakland County's biggest summer events.

The narrow vote made by Royal Oak elected officials at Monday's meeting to eliminate the ban on firearms during the Arts, Beats & Eats festival has continued to spur passionate debates from both sides of the argument.

Legally, an individual is entitled to carry a firearm openly or — if they have a permit to do so — carry a concealed firearm, said Sylvan Lake attorney Charles D. Toby.
 

How a Minority Becomes a Majority
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Expanding rights, then, is a common characteristic of an opinion that go from minority to majority. What about opinions that express the opposite?

Examples include gun control, term limits for elected officials and the forbiddance of allowing children of illegal immigrants to attend public school. All of these opinions have achieved a peak in support but have since gone down in polls and in becoming laws.

Interestingly, court decisions that went against each of them. The Supreme Court ruled recently in McDonald v Chicago that the Fourteenth Amendment incorporates the Second Amendment's right to bear arms to state law.
 

WI: Gun-rights advocates take aim at county
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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About 30 gun-rights advocates gathered in front of the Jackson County Courthouse Monday evening in support of the district attorney’s decision to not prosecute some state weapon laws.

Wisconsin Carry Inc. organized the rally before the Jackson County Board meeting, also hoping to sway officials against utilizing county ordinances to prosecute gun violations.

Some attended the rally wearing empty holsters. No altercations took place.

“Our point is to make the point to the county board that we think they’re overstepping their bounds,” said Hubert Hoffman, vice president of Wisconsin Carry, a gun-rights advocacy group.
 

MD: Time for Maryland to back gun rights
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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This clause is predicated on the State of Maryland's interpretation of the U.S. Constitution... and whether or not those rights transfer from the federal to state governments under the Fourteenth Amendment. ...Supreme Court Justice Samuel Alito clearly stated that the Second Amendment does transfer to the states.

So, what does all of this mean? Basically, that of these fifty United States, the State of Maryland is still only one of ten remaining "hold-out" states that choose to infringe upon your constitutional rights to defend yourself and your family. So stalwart are they in their position, they are willing to waste your tax dollars to continue to litigate this issue, rather than adopt "Shall Issue" permitting laws.
 

CA: Why I support gun control
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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I admit I don't know the details, but it hardly matters: An Oakland kid just died because he was playing with a handgun.

...

But I am against easy access to handguns, which really have no purpose except to kill other people. And since all the angry libertarians are going to slam me and talk about self-defense, let me remind you: The odds that your gun will kill you or someone you love are much greater than the odds that you'll ever actually use it for effective self-defense. One less handgun in Oakland might mean one more kid alive today.
 

OH: Home Invasion Suspect Indicted On Murder Charge
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A man accused in a home invasion robbery in Hanover Township has been indicted on murder and robbery charges.

Police said John Robinson was one of two men who went into the home of Greg Gabbard on Beissinger Road on Aug. 8. Robinson and Steven Davis demanded money from Gabbard, deputies said.

Gabbard told the suspects that he had money in a drawer, but when he opened the drawer, police said, the homeowner pulled out a gun and started firing.
 

Second Amendment Foundation Sues Over Chicago Range Ban
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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While the Second Amendment Foundation and their legal paladin Alan Gura won McDonald v. Chicago at the Supreme Court, causing Chicago to redo its restrictive gun laws, even the new ones don't pass legal muster, the SAF believes, and has filed a new lawsuit challenging aspects of Chicago's post-McDonald gun laws. From SAF's press release:

The Second Amendment Foundation (SAF) today filed a lawsuit in federal court against the City of Chicago’s new gun ordinance, asserting that “by banning gun ranges open to the public…under color of law,” the city is depriving citizens of their right to keep and bear arms in violation of the Second Amendment to the U.S. Constitution.
 

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