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Newslinks for 9/11/2008

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Courts Misusing Heller
Submitted by: Bruce W. Krafft

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... "In the months since the US Supreme Court's landmark decision in District of Columbia v. Heller, there have been over a dozen rulings by judges referencing the case and virtually all of them used Heller to support limitations on firearms rights. The degree to which they used the opinion ranged from simply rebutting an appellant’s erroneous claim that Heller nullifies the law under which they were convicted, to actually using the language in the Heller opinion to support restrictions as constitutional. In U.S. v. Gilbert, the Federal Court of Appeals for the 9th Circuit did both." ...
 

NJIT gets $250K to keep developing child-proof 'smart gun'
Submitted by: Cemetery's Gun Blob
Website: http://www.cemeterycas.wordpress.com/2008/09/10/njit-to-continue-develop-child-proof-smart-gun/

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"The Department of Justice has awarded a $254,889 federal grant to the New Jersey Institute of Technology so the Newark university can continue developing its child-proof 'smart gun' technology, members of New Jersey's congressional delegation announced today." ...

"They plan to use the $254,889 federal grant to develop a working handgun prototype that includes an electronic firing mechanism, said Donald Sebastian, senior vice president for research and development at NJIT. Having a prototype with an electronic firing mechanism would free up space in the handgun for the computer circuitry and battery needed to operate the 'dynamic grip recognition.'" ...
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KABA Note: Some of us remember when 'smart guns' were first suggested, it was to keep cops from having their own weapons used against them. Now it's "for the children"!
 

Upscale Ammo: No. 1 with a Bullet
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"In a recent TV ad for Black Cloud ammunition, a frantic flock of ducks darts around an orange sky as a heavy-metal guitar riff chugs ominously in the background. Cut to black. A slogan pops up, each word punctuated with a shotgun blast: Drop. Ducks. Like. Rain."

"The spots ... are remarkably brash for the otherwise moribund ammunition market. The goal for Black Cloud's maker ... is to coax more dollars out of the shrinking ranks of hunters using brightly colored boxes, loud ads, and promises of premium-grade ammo made better by 'lethal science.' ... in short, a deadlier shot. 'A lot of people look at ammo as a commodity,' says Mark DeYoung, president of ATK's Armament Systems. 'We've really gone to high-performance projectiles.'" ...
 

What John Howard could teach the US about gun control
Submitted by: Bruce W. Krafft

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"The [NRA] has been a tad suspicious of John McCain after he voted to support a mandatory 72-hour waiting period for background checks on gun purchasers at gun fairs ... The Columbine High School killers obtained their guns from such a fair."

"With the NRA ... promising $40m to defeat Obama, Sarah Palin has been a masterly choice to tour the midwest and southern rump to paper over potential electoral concerns about McCain being a closet liberal among abortion hating, God fearing, gun loving Republicans." ...
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KABA Note: Said purchase was made 5 months before the shooting, and legally (aside from the straw-purchase aspect). How would a 72-hour wating period have helped?
 

ID: Boise police officer gets probation, withheld judgment after pleading guilty to DUI
Submitted by: Bruce W. Krafft

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"Boise police officer Gary Miller will spend three days in jail -- and the next year on probation -- after pleading guilty to a DUI charge ..."

"But Miller may not have the DUI arrest on his record next year if he completes that probation with no problems."

"The 38-year-old Miller was off duty when he was ... and cited for driving under the influence of alcohol."

"A sobriety test showed Miller's blood alcohol level was twice the legal limit of .08 ..."

"Miller pleaded guilty Monday to misdemeanor DUI. Fourth District Magistrate Jerry Meyers sentenced Miller to one year probation and 90 days in jail Monday and fined him $750. Meyers then suspended 87 days of the jail sentence ..." ...
 

CA: Wife, kids in home as resident kills intruder
Submitted by: Bruce W. Krafft

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"A North Sacramento man shot and killed an armed intruder early Tuesday as his pregnant wife and children awoke in terror from the attack." ...

"The resident heard scuffling and banging on his door ... Looking through a peephole, the resident saw a man holding a .22 caliber pump-action rifle ..."

"By the time the man got his shotgun, the intruders had partially opened the door, the resident told Jerome and police."

"The resident fired once through the gap in the doorway, striking a 19-year-old Sacramento man, police said. The other suspect or suspects fled, but the 19-year-old, dropped the gun from his hand, staggered into the cul de sac before collapsing dead, the resident told the neighbor and police." ...
 

MN: Four arrested in Chisago County home burglary
Submitted by: Bruce W. Krafft

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"Charges are expected to be filed today against four people arrested in connection with a residential burglary over the weekend in Chisago County, said Capt. Keith Hoppe of the Chisago County Sheriff's Office."

"Authorities are still looking for a fifth suspect, a 22-year-old man from Rush City, who also is expected to be charged, Hoppe said."

"According to Hoppe, four men kicked in the front and back doors to gain entry to a house on the 52000 block of Government Road in Rushseba Township. The homeowner was sleeping when the burglars came calling at 2 a.m. Friday. She grabbed a 9 millimeter handgun and fired two rounds, but didn't hit anybody ..."

"The suspects fled to a car parked on Government Road and fled. ..." ...
 

OH: Ohio elitists react to Castle Doctrine: 'Innocent until proven guilty', OH MY!
Submitted by: Bruce W. Krafft

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"When is 'innocent until proven guilty' a controversial concept? When is an Ohio law designed to protect a homeowner protecting themselves from an intruder interpreted a license for drug dealers to murder one another? And when are self-defense advocates and rank-and-file cops described as saying it's ok to shoot first and ask questions later?"

"When you are a reporter for the Cleveland Plain Dealer or a bureaucrat with the Ohio Prosecutors' Association or Cleveland Police Patrolmen's Association."

"From the Cleveland Plain Dealer's Reginald Fields story entitled 'Innocent before guilty, new self-defense law sides with homeowners protecting their 'castles'':" ...
 

NRA targets Obama
Submitted by: Bruce W. Krafft

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"The National Rifle Association said today it will send a mailer to 4 million members warning that Barack Obama 'would be the most anti-gun president in American history.'"

"The mailer also tells members 'Don't believe' Obama on the Second Amendment."

"'NRA will not allow Barack Obama to revise history,' Chris W. Cox, NRA's chief lobbyist, said in a statement. 'He has supported bans on handguns and semi-automatic firearms, and he has voted to ban possession of many shotguns and rifles commonly used by hunters and sportsmen across America. And we will remind voters every single time he lies.'" ...
 

Note to Obama: Words Matter
Submitted by: Bruce W. Krafft

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"I didn't originally think Barack Obama did much damage to his campaign when he said at an April fundraiser in San Francisco that many rural Pennsylvanians respond to their economic plight by becoming 'bitter' and clinging to guns ..."

"All politicians make careless statements once in awhile, especially when they don't realize those words will become public. I figured it would blow over."

"I now think I was wrong. I believe Obama's comment was the beginning of an avalanche that currently has the Democratic presidential nominee buried ..."

"After making such a foolish statement, Obama needed to rebound by showing rural voters he understands and respects them ... Instead, he’s done the opposite." ...
 

Reshuffled deck
Submitted by: Bruce W. Krafft

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"John McCain came out of his convention with a big bounce, racing ahead of Barack Obama by 10 points among likely voters, while running-mate Sarah Palin's feisty attack on their rivals has energized the GOP with an 18-point jump in enthusiasm."

"Bounces are traditional following national party conventions. Mr. Obama came out of his with a 4-point lead, turning into an 8-point advantage that has "disappeared totally," the Gallup Poll reported Monday ..." ...

"A big wedge issue this year is guns and Second Amendment freedoms from gun bans and gun control laws that Mr. Obama supported. Mr. McCain and Mrs. Palin, a hunter and lifelong member of the National Rifle Association, will flog that issue for all it's worth." ...
 

CO: Udall, Schaffer debate online over 2nd Amendment
Submitted by: Bruce W. Krafft

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"Colorado's U.S. Senate candidates, in their first foray into a 21st century debate format, took time to explain their thoughts to Internet savvy voters about an 18th century matter: the Second Amendment." ...

"Schaffer said the Second Amendment does not just award gun rights to a select few."

"... 'The Second Amendment is not about hunting; it's not about sports … it is about the power and importance of the individual.'"

"Schaffer's opponent, Mark Udall, affirmed his support for Americans' right to bear arms ..."

"'I do believe we have an obligation to protect those rights as individuals and, at the same time, do everything we can to keep weapons out of the hands of criminals,' Udall said." ...
 

IL: Brady Campaign Backs Gary Nowak: "He'll Fight To Keep Dangerous Weapons Out Of The Hands Of Dangerous People"
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Gary Nowak, the Democratic candidate for Illinois State House District 46, today received the endorsement of the Brady Campaign to Prevent Gun Violence and its network of Illinois Million Mom March Chapters. The Brady Campaign is the nation's leading gun violence prevention organization."

"'Gary Nowak recognizes that Illinois is facing a gun violence epidemic,' said Paul Helmke, President of the Brady Campaign to Prevent Gun Violence. 'He is a banker and former U.S. Marine who served his country honorably. He brings a problem-solving approach to issues, and he'll work hard to keep dangerous weapons out of the hands of dangerous people.'" ...
 

CA: Brady Campaign Backs Joan Buchanan: "She'll Help Keep Dangerous Weapons Away From Dangerous People"
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Joan Buchanan, who is running for California State Assembly in the 15th District, today received the endorsement of the Brady Campaign to Prevent Gun Violence and its network of California Chapters. The Brady Campaign is the nation’s leading gun violence prevention organization."

"The Brady Campaign believes Ms. Buchanan keenly understands the needs of protecting children and families from gun violence. 'Joan Buchanan recognizes that protecting California’s children and families from gun violence is a top priority,' said Paul Helmke, President of the Brady Campaign to Prevent Gun Violence. 'She is a committed advocate, and she'll help keep dangerous weapons away from dangerous people.'" ...
 

House Panel Hears Testimony on Bill to Ease Gun Laws in Capital
Submitted by: Bruce W. Krafft

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"A bill before Congress to ease restrictions on guns in the District of Columbia would make it harder to protect federal workers, residents and the president, city and federal officials said Tuesday at a House oversight hearing."

"The bill, which would make it easier for residents to buy semiautomatic weapons legally, is a response to a 5-to-4 Supreme Court decision on June 26 that overturned the city's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. After the ruling, the district's Council passed a temporary measure that allowed residents to keep handguns in their homes if they were used only for self-defense and carried fewer than 12 rounds of ammunition." ...
 

VA: Town gun law change shot down
Submitted by: Bruce W. Krafft

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"More than a dozen members of the Virginia Citizen Defense League, a Fairfax County-based guns rights group, showed up at Tuesday’s Culpeper Town Council meeting packing pistols and rival opinions about the police chief's proposal to do away with varmint shooting in town."

"In the end, after about 30 minutes of civil public comment on the issue, Town Council voted 6-2 to not change the local gun ordinance, as recommended by Police Chief Scott Barlow, and to continue to allow people to obtain special permits to discharge guns within the corporate limits for the purpose of killing garden pests like groundhogs." ...
 

TN: Memphis police officer charged with murder
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

Authorities say a Memphis police officer is accused of killing a woman with whom he was having an affair.

Thirty-seven-year-old patrol officer Chancy K. Jones was held on a second-degree murder charge Wednesday in the death of 31-year-old Phyllis Malone. Malone's body was discovered Tuesday in a car parked at a fast-food restaurant in Memphis.

Police say Jones, who is married, had a sexual affair with Malone shortly before the killing. Authorities say she apparently was killed by a gunshot.

Police Director Larry Godwin said Jones joined the department in 2005 and had no history of disciplinary trouble. Jones was being held without bond at the country jail.
 

ME: What will OUI charge mean to officer's career?
Submitted by: Bruce W. Krafft

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"A Kennebunk Police Officer charged with operating under the influence following an Aug. 19 motor vehicle accident in Wells will face disciplinary measures within the department as well as by the Maine Criminal Justice Academy."

"Officer Chris Russell, the department's juvenile officer and senior citizen liaison, remains on paid administrative leave following the accident. Kennebunk Police Lt. Nick Higgins, while declining to speak about Russell's case specifically, said certain procedures are followed when an officer is charged with a crime."

"'Any criminal conduct engaged in by one of our officers is something we have a policy on,' Higgins said. 'It would trigger an investigation.'" ...
 

NJ: Even had bathroom gun
Submitted by: Anonymous

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"Jersey City officials yesterday displayed 28 deadly and illegal firearms seized at a city man's home last week - and used the bust to underscore Mayor Jerramiah Healy's push for laws to stem the tide of illegal guns coming into the city."

"'This rifle is designed to do nothing other than to hunt man,' said Police Chief Tom Comey as he picked up an assault rifle from a table covered with the seized firearms."

"On Friday, police arrested former Jersey City Auxiliary Police Officer Edwin D. Wise ... and charged him with aggravated assault and scores of weapons offenses, officials said. Police found at least one gun in every room of his home, including a pistol in the bathroom medicine cabinet, said Sgt. Anthony Musante." ...
 

IL: Cop charged with framing woman on gun, drug charges
Submitted by: Bruce W. Krafft

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"A Chicago Police officer has been charged with helping a Crystal Lake man frame his estranged wife by falsely arresting her on gun and drug charges and then testifying at her trial."

"Slawomir Plewa, who was stripped of his duties in the 25th District last month, plotted with 48-year-old Bogdan Mazur to search the woman’s Toyota Highlander after Mazur and another uncharged defendant planted a blue steel pistol, 44.5 grams of cocaine and six plastic bags of cannabis in the vehicle’s spare tire, Assistant Cook County State’s Attorney Lynn McCarthy said at the men’s bond hearing today." ...
 

KS: Off-duty police officer facing more charges
Submitted by: Bruce W. Krafft

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FULL TEXT BELOW:

The off-duty Topeka Police officer charged in connection with a shooting last March now faces more charges.

30-year old Jason Judd is charged with two battery counts, in addition to two counts of intentional aggravated battery.

Investigators say two brothers were shot at a house during a fight with Judd and three other officers.

Police were called to the house after receiving complaints about loud music.

An hour later police were called again about a shooting.

The other three offices have not been charged.
 

NY: Former NYC police officer is accused of hotel rape
Submitted by: Bruce W. Krafft

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"A former New York City police officer has been indicted on charges of raping a woman in a hotel bathroom."

"Prosecutors say 28-year-old Kevin Johnson was a police officer in April when he met a group of women at a Manhattan bar. They say although he was off duty he told the women he was an officer and one of them invited him back to their hotel room."

"Johnson is accused of sexually assaulting another woman as she slept in the bathroom of the hotel room."

"Johnson is charged with rape and sexual abuse. He faces up to 25 years in prison if convicted of the more serious rape charge. He resigned in June." ...
 

SC: Aiken County deputy fired, arrested
Submitted by: Bruce W. Krafft

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"Jeffrey Nation is no longer a deputy with the Aiken County Sheriff's Office. He's charged with assault and battery and misconduct in office. News 12 has dash cam video of the whole incident."

"On Sunday evening, Deputy Nation was in his cruiser when he noticed 18-year-old Lorenzo Williams, Jr. was wearing his baggy pants and wearing them too low in New Ellenton. By Sunday night, the officers conduct was under investigation and by Tuesday, he was arrested and fired." ...

"'You ain't going to walk out here with that thug activity going on. It's done tonight. ...' says Nation in the DashCam video."

"But, in this case, thug activity is just a fashion statement. There is no law in Aiken County that says baggy pants are illegal." ...
 

NC: Roseboro officer charged
Submitted by: Bruce W. Krafft

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"A Roseboro police captain has been arrested on a felony charge for allegedly using town funds to purchase a transmission for a vehicle not owned by the town or its police department."

"Capt. Tony Surles, of the Roseboro Police Department, turned himself in to investigators at the Sampson County Law Enforcement Center Monday. He was charged with obtaining property by false pretenses, a felony offense."

"Authorities said the arrest was the culmination of a two-month joint investigation by the N.C. State Bureau of Investigation and the Sampson County Sheriff’s Office. The probe was conducted at the request of the Roseboro Board of Commissioners." ...
 

NC: Ex-police chief arrested in 1972 killing of Marine
Submitted by: jac

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"A former police chief has been charged with murder in the 1972 shooting death of a Marine, and authorities said late Tuesday the slain man's then-wife has also been charged."

"The Daily News of Jacksonville reports the Onslow County Sheriff's Office charged 57-year-old George Hayden with killing Marine Sgt. William Miller. Hayden, who was police chief in Cape Carteret and Belhaven, was arrested Monday night."

"Miller was found shot to death on Sept. 16, 1972, after returning from a deployment. Investigative reports showed that Hayden had moved into Miller's mobile home and that Hayden later left with Miller's wife." ...
 

NY: Gun Rights to be Featured During Sandwich Seminar at SUNY Cortland
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Two SUNY Cortland faculty members will conduct a Constitution Day Panel during a Sandwich Seminar on Wednesday, Sept. 17, at SUNY Cortland."

"Robert Spitzer, a Distinguished Service Professor, professor of political science and chair of the Political Science Department, and Christopher Latimer, assistant professor of political science, will present 'Guns, Constitutional Rights and You' from 12:30-1:30 p.m. in Brockway Hall Jacobus Lounge."

"The event, which is free and open to the public, will be moderated by Professor Richard Kendrick, who directs the College's Institute for Civic Engagement. Sandwich seminars are sponsored by the President's Office." ...
 

 QUOTES TO REMEMBER
The writings of scholars who have written on the subject are virtually united on the point that the Second Amendment protects an individual right to keep and bear arms, not simply the state national guards. — PROFESSOR GLENN HARLAN REYNOLDS

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