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The Silveira Threat: How long will the Second Amendment live? -- Dave Kopel's hatchet job
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David Adams
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This is the second article in a two article hatchet job on Silveira.
"First, future Courts are going to get worse, not better, for the gun prohibitionists. Retirement of Justice O'Connor could remove a potential swing vote the prohibitionists very much need. (Rehnquist, Scalia, and Thomas are near-certain votes for an individual right.)"
"Second, if cert is granted in Silveira, the lead attorney would not be Stephen Halbrook, who has a 3-0 record on gun cases in the Supreme Court. Nor would the lawyer be Charles Cooper, the former Department of Justice official who helped win the Emerson case."
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Not only is this article full of mischaracterizations and surreptitious insults in the direction of the lead attorney, but it's cowardly and petty. Mr. Kopel is afraid of Silveira and afraid of what SCOTUS might do. He pretends he knows what the makeup of the court will be, when he cannot possibly know that. He also appears to be bitter that the NRA attorneys aren't lead on this case, as if the brilliant constitutional mind of Roy Lucas is somehow inferior to the NRA-affiliated attorneys he appears to worship -- attorneys who've never taken a Second Amendment case through the Supreme Court and have some ego-driven ambition to be "the one" to do it. |
Financial Institutions Must Now Verify Identity for Patriot Act
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"As of Oct. 1, 2003, all major financial institutions will be required to present a customer’s private identification to be verified as part of the USA Patriot Act."
"In the days after September 11, 2001, the Act was passed, giving broad powers to federal investigators to track and stop terrorists in the U.S. and around the world."
"Edward Jones Operations Principal Rodney Bahr says, 'basically, it requires any financial service provider to form a reasonable belief that they know who the identity of any customer they take on.' Bahr says the new regulation only applies to new clients."
"Investment firms, banks, savings & loans, insurance companies, any firm that takes on clients as investors is required to comply." |
What Part of "Shall Not Be Infringed" Don't They Understand?
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Bruce W. Krafft
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"One of the most ancient debates among conservatives is whether liberals hate the Constitution, or simply don’t understand it. Some argue that the Left is far too blinded by their own ideology to comprehend the importance of the Constitution, and that they therefore lack the ability to interpret it honestly. I don’t think they deserve that much credit. There are a lot of words one could use to describe the American liberal, but 'stupid' is not among them. They hate what we stand for as a nation, and they hate the Constitution." ...
"And now, Senator Dianne Feinstein (D-CA) wants to renew the Assault Weapons Ban for another ten years. . . . Attorney General Ashcroft and President Bush have publicly supported her efforts." |
South Africa: Bogus policemen strike Pretoria businesses
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Bruce W. Krafft
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"Police searching for a gang of bogus policemen terrorising Pretoria's businesses have asked people to be on the lookout for the armed and highly dangerous con-artists."
"The gang - kitted out in full police uniform - operate with a white condor fitted with a blue police light and stripes."
"Striking businesses such as cafes and 24-hour garages, the bogus policemen walk into their targeted store and purchase several small items."
"While buying the goods - usually pre-paid cellphone cards - the gang survey the surroundings, looking for surveillance cameras and guards."
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Meanwhile, the REAL police are working to disarm the peaceable citizens to make it easier for thugs to victimize them. |
Illegal guns and liability
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"It's puzzling: A society that figured out that it could not stem the use of alcohol and tobacco by minors without punishing the people who profit from those sales still has not done much to keep the wrong people from owning guns. Now the U.S. Congress is poised to take a step back from that goal." ...
"Local law, however, can be trumped by Congress, where the House handily voted to give immunity to gunmakers and distributors in almost all cases. If that bill passes in the Senate, where a majority backs it, the question of who's to blame for the spread of illegal guns may find another answer."
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Gee, haven't these geniuses figured out yet that it's the criminals who are to blame? |
Mule deer tips for the rifle hunter
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Bruce W. Krafft
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"Mule deer offer a challenge for any rifleman, and when hard work turns to success, they provide terrific table fare."
"No insult to whitetails, but a muley buck, taken in high-country timber or out on the sage plains, is far more challenging than hunting barley fields."
"The whitetail is elusive, some might say sneaky, and certainly possessing of remarkable stealth."
"The muley buck, on the other hand, seems a bold character, trotting across a ridge side, almost invariably stopping at some point to look back over his shoulder to see if he is being pursued." |
Patriot Act Used In 16-Year-Old Deportation Case
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"The Bush administration has decided to pursue a 16-year-old effort to deport two Palestinian activists who as students distributed magazines and raised funds for a group the government now considers a terrorist organization, despite several court rulings that the deportations are unconstitutional because the men were not involved in terrorist activity."
"The case, which has long had a high profile among Palestinian Americans, could pose a new judicial test of a controversial provision in the Patriot Act, passed in 2001. The provision prohibits supplying material support for organizations the government deems 'terrorist,' even without evidence of a link to specific terrorist acts." |
NJ: DEP to euthanize hunting preserve deer
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Evan F. Nappen, Esq.
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"Under a consent order presented to a Superior Court judge in Morristown yesterday, the Big Spring Whitetail Preserves in Hardyston and Sparta townships agreed to let the state Department of Environmental Protection kill 11 captive whitetail the state claims owner Petar Bubalo illegally imported from Wisconsin in January 2002. Checking the animals' brain tissue is the only way to accurately test for chronic wasting disease, or CWD, an incurable disease that attacks the central nervous system of deer and elk, much like mad cow disease." ...
"The DEP contends its concerns are genuine, largely because CWD is very contagious, capable of being transmitted by infected ground or by deer touching noses." |
Africa: One gun per 20 Africans
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"About 30 million light weapons are in circulation in sub-Saharan Africa, far fewer than previous estimates have suggested, according to a new report released Tuesday."
"The 2003 version of Small Arms Survey, a report by the Geneva-based organisation of the same name, says armed conflict is on the decline in Africa and regional agreements to limit small arms are being put into place." |
Malaysia: Attack victim among four held
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Bruce W. Krafft
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"The satay hawker who was allegedly slashed and assaulted by six men in Tanjung Tokong on Sunday has been detained by police."
"George Town OCPD Senior Asst Comm Yusuf said police had also detained a policeman, a nightclub bouncer and a loan shark who were among those who allegedly attacked hawker Rosmadi Mohamad."
"Rosmadi’s uncle Mohamad Wazir Seni Mohamad said yesterday the policeman had threatened over 20 people with his pistol."
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And in this country, where illegal possession of a firearm could yield the death penalty, only the police have guns. |
Mule deer: Stalking and stand- & still-hunting
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Bruce W. Krafft
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"Stalking mule deer is no easy chore, as the muley is one sharp-eyed, quick-witted customer."
"No pushover, he knows every way in and out of a spot. Older bucks are instantly suspicious of anything that gets the attention of other deer in the band, whether young bucks or does."
"But these animals can be fooled. I've done it. That Utah hunt I mentioned last issue was a textbook example." |
WI: Self-defense a normal reaction
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"Wisconsin is one of the safest states in the nation, even without a concealed carry law. I am not convinced that allowing citizens to carry guns will make our state any safer." ...
"...While I strongly support the right of citizens to possess and lawfully use firearms, I see no need at this time for Wisconsin to jeopardize its status as a low crime state with the passage of this flawed legislation."
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Translation: citizens have the right to keep and bear arms, but not outside their home. And I'm too chicken to trust those who elected me and gave me my power with tools of self-defense.
State Rep. Robert Turner, D-Racine, represents the 61st Assembly District. |
Japan: Police officer commits suicide in car
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"A 21-year-old Akita Police Station officer was found dead in his car Monday with a gunshot wound to the head and a suicide note by his side."
"Wataru Komatsu, a member of the station's local community department, apparently shot himself with his service revolver while parked inside the Akita police dormitory compound for singles, officials said." |
Canada: MP slams Tory 'politicking'
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"A Tory promise to snub Ottawa's much-debated gun registry has drawn fire from Parliament Hill, with MP Paul DeVillers recommending the Progressive Conservatives holster the pre-election rhetoric."
"Listed among several key party platforms outlined in PC candidate Garfield Dunlop's campaign literature is a vow to combat gun-related crime, 'instead of harassing law-abiding hunters, farmers and sport shooters.' "
"Paperwork and registration rules under the federal Liberals' over-priced, ineffective gun registry will NOT be a priority for provincial prosecutors." |
MD: Arundel slaying suspect released
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"In a development prosecutors called 'genuinely unfair,' the second of two suspects charged in a fatal carjacking that shocked the Annapolis historic district a year ago walked out of jail Tuesday a free man -- for now."
"Terrence Tolbert, 20, of Annapolis, said nothing as he walked out of the Anne Arundel County Detention Center at 4 p.m. Tuesday. His release came six hours after a judge ordered him freed and one year after he was charged with first-degree murder in the death of Straughan Lee Griffin. Friends and family whisked him into a van quickly and drove away."
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Meanwhile the citizens of Maryland are disarmed while violent thugs like this walk free. |
Patriot Act overreaches
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"Let's be clear. All of us want to protect the American people from terrorist attacks. It is imperative, however, that we undertake that endeavor in a way that does not undermine the basic freedoms Americans have fought for and died to protect."
"Section 215 of the law allows government agents access to any business records including library and bookseller-patron information by requesting an order from the government's secret intelligence court. The legal standard for obtaining an order is so loose that the government is virtually certain to get whatever it wants, whenever it wants. In other words, the FBI can go on a 'fishing expedition' to find out the reading habits of any American without probable cause. That's wrong." |
In Lawrence, Janet Reno Criticizes Patriot Act
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"Former U.S. Attorney General Janet Reno said Tuesday that the anti-terrorist Patriot Act needs to be rewritten, and she criticized her successor's limits on federal prosecutors in pursuing plea bargains."
"Reno, who served as the nation's chief law enforcement officer under President Clinton, said she is concerned that the Patriot Act allows too many people, including American citizens, to be held in military brigs as enemy combatants. She said generally that most people accused of involvement in terrorist activity could be tried in federal courts." |
WA: Spokane teen who brought gun to school intended suicide, police say
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Bruce W. Krafft
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"A troubled teenager who was critically wounded by officers after he fired a gun at school was trying to commit suicide, police said Tuesday."
"Sean Fitzpatrick, 16, left a page-and-a-half suicide note at home before Monday's shooting, police Chief Roger Bragdon said. He also made suicidal statements during the 20 minutes he talked with a police negotiator, Bragdon said."
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So he brought a gun to a "gun free zone" knowing full well that it is illegal. Who woulda thought? |
MO: County looks at costs of gun law
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"The new state law allowing citizens to carry a concealed handgun with a permit is rippling throughout Jackson County government, as county officials try to figure out all the little details not considered within the legislation."
"Jackson County Executive Katheryn Shields says the law is a prime example of an unfunded mandate from the state." ...
"The state does allow local governments to charge up to $100 per permit, however, this money must be used for law enforcement training and equipment. It cannot be used to offset the cost of the employees who must set up and provide training programs for citizens applying for permits, process the permits, perform background checks and countless other tasks associated with permitting." |
Australia: Gun crackdown a 'media stunt'
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"A NEW crackdown on firearm crime was a media stunt by the NSW government, Opposition police spokesman Peter Debnam said."
" 'This government and the courts have failed time and time again to take action to rein in the thugs and the crims who are roaming the streets with handguns,' Mr. Debnam told reporters yesterday."
"If you look at the minister's press release, he's relying again on Operation Vikings ... a media stunt for the TV cameras - it doesn't work for the community." |
CT: Bantam chef held on gun charges while picking mushrooms
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"All he was doing was picking mushrooms. But police are trying to figure out why George Skrehota needed a gun."
"Skrehota, chef and owner of The Bantam Inn Restaurant, was gathering wild mushrooms near a school Monday. He said he's done it for years."
"Teachers reported a suspicious man walking around school grounds. Police questioned and searched Skrehota and found a loaded .22 derringer in his pocket." ...
"Skrehota said he will fight the charges and promised to continue picking mushrooms on school property."
"It's public property, and I pay $8,000 a year in taxes, so I'm going to pick mushrooms there again, you better believe it. Where's freedom in this country when I can be arrested for picking mushrooms?" |
PA: Robbery Attempt Foiled
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"A would-be bandit was foiled Tuesday in Luzerne County. He got a lot more than he bargained for from a business owner not afraid to take a stand." ...
"He's been in business for just five months. 'As he turned his head I picked my knife up and he didn't want anything to do with my knife so he went running out the door!' said Marshall." |
TN: City Pounds Guns Into Scrap Metal
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FULL TEXT BELOW:
Thousands of weapons seized from Davidson County criminals have been turned into scrap metal.
Tuesday morning, Metro police officers helped destroy 17,050 guns, knives and illegal weapons.
They loaded the weapons into cars at a salvage yard and loaded the cars into shredder, which hammers the metal into chunks no larger than a fist.
“I am happy to say that after today, these guns will never fire another bullet or threaten another citizen,” said Deborah Faulkner, Metro’s acting police chief.
The metal will be sold and used for steel to make things like washing machines and car parts. The different kinds of metal mean the chunks cannot be sold to make new guns. |
Canada: OPP Charges One of Its Own Officers
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"The Ontario Provincial Police arrested and charged one of its own officers today following an investigation into allegations that police investigative information was being provided to individuals for an illegal purpose."
"Detective Constable Scott Duguid, 32, has been charged with breach of trust, conspiracy to unlawfully produce a controlled substance, obstruct justice, and unsafe storage of a firearm." ...
"The accused is an eight-year member of the OPP, who was working with the Huronia Combined Drug Enforcement Unit. He has been suspended from duty, pending the outcome of the case." |
Arrogance on the East River
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"I, however, did pay attention to Annan's speech, and it both angered and alarmed me. Angered me because of his supercilious criticism of the U.S., and alarmed me because he once again laid out his desire for a world governed by the U.N. without regard to the sovereignty of the United States of America." ...
"He has also called for a standing U.N. army (report to the Millennium Summit under the section titled 'Freedom from Fear,' page 49) and U.N. registration of all arms and the reduction of all national armies (U.N. gun control)." |
MO: New law may bring short-term boom
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Bruce W. Krafft
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"While some gun ranges, instructors and dealers around the state are seeing dollar signs with the new concealed gun law, local vendors are keeping their feet on the ground with more down-to-earth expectations."
"The new law requires applicants to complete eight hours of training by qualified instructors in order to obtain a permit from their local sheriff allowing them to carry a hidden gun. Permits will be available beginning in mid-October."
"As the required training is to include a live firing session, a demand will be created for both instructors and firing ranges." |
NM: Program helps women to protect themselves
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Bruce W. Krafft
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"After state Rep. Gloria Vaughn took a Women On Target firearms class in 2002, she bought herself a medium-caliber handgun. Vaughn attends meetings throughout Otero County — sometimes driving deep into rural areas and not getting home until the late, lonely hours. And, of course, she puts a lot of miles on her vehicle between here and the Round House in Santa Fe." ...
"On Saturday, Sept. 27, Leonard is teaching another Women On Target class, to introduce women to the shooting sports, and firearms’ safe handling and use."
"... Most men, if they see a pistol in a woman’s hand, they pretty much back off." |
NC: Stop epidemic of gun violence
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"The increasing frequency of death and serious injuries resulting from firearms represents a major problem that makes gun violence more than just a criminal justice issue, but also a critical public health concern."
"...Since January, guns are responsible for 63 percent of 35 reported homicides and aggravated assaults. These numbers contribute to national statistics that represent a fatality rate roughly equivalent to that associated with HIV infection."
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Here you see the obvious and shameless parroting of jointogether talking points. Gun violence is not an "epidemic." It is caused by willful, criminal or negligent actions of human beings, not a virus or other such physical illness. |
UK: Fewer gun crimes recorded in Scotland
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"A total of 58 crimes and offences involving firearms were recorded in the Tayside Police area in 2002, according to Scottish Executive figures published today, writes Lynne Stewart."
"Vandalism proved to be the most common offence where a firearm was alleged to have been used, with 28 instances recorded in Tayside, four more than Strathclyde which had 486 crimes and offences involving firearms."
"In Tayside, four assaults and four robberies were carried out allegedly using a firearm, while 14 reckless conduct crimes were committed with firearms. Offences under the Firearms Act 1968 accounted for eight incidents in Tayside." |
AZ: Deputy shoots TPD sergeant with stun gun
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"A Tucson police sergeant was shot once with a Taser stun gun and arrested at a concert Saturday after getting involved with an argument that Pima County deputies were trying to break up."
"TPD Sgt. Dennise Wilson was cited on suspicion of disorderly conduct and released, said Pima County Deputy Steve Easton, a Sheriff's Department spokesman."
"Two men argued after bumping into each other at the Brooks & Dunn concert Saturday afternoon at the Pima County Fairgrounds, 11300 S. Houghton Road, Easton said." ...
"After Wilson ignored orders to leave and deputies started to lead her away, she struggled with them, Easton said." |
Philippines: Another Union Bank branch robbed of P.7M
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Bruce W. Krafft
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"BARELY two days after police arrested a group of suspected bank robbers in Palar Village, three men pulled off another robbery at another branch of the Union Bank of the Philippines in Parañaque City Tuesday."
"Parañaque PNP Supt. Ronald Estilles said four suspects walked to the Unionbank branch in Barangay Tambo and, armed with caliber .45 pistols, staged the robbery shortly before noon, taking an estimated P700,000 from the bank's tellers."
"No one was reported hurt during the incident."
"The bank was reportedly near a police station but the robbers had fled before lawmen could act on the incident. [emphasis added] |
WA: Cops trained to rush in, not wait, in school crisis
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"The first report that a person with a handgun was inside Lewis and Clark High School arrived at 11:10 a.m. Within 14 minutes, officers had rushed inside the building and trapped the gunman in a third-floor science classroom."
" 'That's not bad,' Police Chief Roger Bragdon said after Monday's incident that left the student gunman critically wounded."
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Not bad? How many defenseless victims could that kid have claimed in 14 minutes had he been serious about harming his schoolmates and teachers?
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Australia: Community urged to surrender handguns
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"ORANGE Police are preparing for a six-month handgun amnesty from October 1 with members of the community being encouraged to come forward and surrender any handguns."
"Canobolas Local Area Commander Superintendent Geoff McKechnie said yesterday that although Orange district was not in what was considered to be a 'hotspot' for handguns, police continued to remain vigilant." |
Philippines: Gunmen rob food factory
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Bruce W. Krafft
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"Four gunmen stormed a business establishment engaged in the manufacture of food products in Valenzuela City and carted away close to P1 million in cash early Tuesday morning."
"Police said the robbers, armed with pistols, barged into the compound of Golden Peacock Food Products and owned by one Willy Co."
"The assailants, probers said, gained entry by scaling the compound’s perimeter wall and disarming the two security guards of the food factory."
"Just recently, the Planters Bank branch in barangay Marulas was robbed by three men, owing to the alleged laxity of the police in providing protection to business establishments in Valenzuela City."
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A gangsta's paradise. The populace are disarmed and the police are lax. |
IL: Man Sentenced To Prison For Helping Retired Police Officer Steal $10,000
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"A 37-year-old man was sentenced Tuesday to serve 44 months in prison for possessing a gun when he assisted a retired Chicago Police sergeant and others with stealing $10,000 from a purported drug stash house."
"U.S. District Judge Wayne Andersen sentenced Albert Fontana near the middle of the penalty range of 41 to 51 months in prison."
"Andersen said he would have imposed the low end of the range if Fontana, prior to sentencing, attempted to repay $1,500 he received for his role in stealing $10,000 in undercover government funds." |
MN: New signs ban guns
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Bruce W. Krafft
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"Over Labor Day weekend, many arriving students and parents noticed new signs reading 'St. Olaf College bans guns in these premises.' Posted at the entrances to the residence halls, the signs were put up in August to comply with the May Minnesota Personal Protection Act. The act states that a permit holder may carry a gun wherever a sign specifically banning guns is not displayed."
"Although Residence Life Director Pamela Mannebach is no more concerned with the number of guns on campus than she was before the act was passed, she wants the signs to make it clear that St. Olaf is not a place to carry guns."
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How about putting up signs that say, "Your Constitutional Rights Mean Nothing Here" or "Criminal Safe Haven -- Rob, pillage and rape at will!" Those signs would be just as accurate and more appropriate. |
MN: Signs shoot up, carrying shot down
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Bruce W. Krafft
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"Many of us may not realize that, despite what the signs say, St. Olaf has not legally banned guns … yet. This highlights the most ridiculous aspect of the whole affair: Article 2, Subdivision 17 of Minnesota’s new gun law says that a posted ban is not binding until 'the requester or its agent personally informs the gun-carrying person of the posted request and demands compliance.' "
"In other words, it’s perfectly okay to have a gun in your hall until a college official comes and reminds you that it’s not allowed, just in case you missed the huge signs. Only then has your weapon been officially banned, and at that point, if you refuse to leave your gun in the parking lot (from which St. Olaf cannot ban it), you will face petty misdemeanor charges of around $25."
"This is silly. The St. Olaf administration should be allowed to manage their property in the way it judges best. If that means banning guns with signs, it is our state’s responsibility to allow them to do so without requiring them to jump through all these ridiculous hoops." |
NJ: McGreevey signs DNA sampling bill into law
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"Drivers who get traffic tickets will now be paying a little extra to fund the state's new law that requires the collection of DNA samples from every convicted criminal in New Jersey."
"The state intends to collect samples from more than 140,000 criminals in the next two years and will pay for the team of 40 scientists that will conduct the processing with a $2 surcharge on traffic tickets. The surcharge is expected to raise about $8.2 million a year." ...
"New Jersey is the 24th state to require some form of sampling from all convicted criminals. Attorney General Peter Harvey said other states have had success in solving long-dormant homicides and other cases since implementing DNA sampling."
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MA: Convicted sex offender goes to trial in restroom killing
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"Jury selection begins today in Plymouth Superior Court in Brockton in the first-degree murder trial of Zapp's alleged killer, 40-year-old Paul J. Leahy, a former Burger King employee."
"Authorities had tried to return the convicted rapist to prison but were unable to under the state's sex offender law."
"Authorities say Zapp, 30, of Newport, R.I., was on her way home when she was killed." ...
"Family and friends have established The Ally Foundation, the aim of which is to change laws to better protect the public from repeat criminal offenders."
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In self defenseless Massachusetts, where you must apply for a license even for a simple self defense tool like pepper spray, defenseless women will continue to be prey for the armed criminal element until drastic changes are implemented. |
Australia: Gun control gaps irk registry staff
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"Thousands of firearm licences have been issued in NSW since 1997 without full interstate criminal checks of gun owners, according to NSW Firearms Registry staff."
"Officers at the Murwillumbah headquarters say it is possible convicted criminals have been granted gun licences because checks are hampered by inadequate staffing and poor links between data bases held in other states and territories."
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No, it's more possible that convicted criminals got guns without bothering to ask your nanny state for permission to carry them. Hence the word, "criminal." |
Thailand: Thai officers held for guns sale to Tamil Tigers
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"A Thai air force officer and four policemen have been taken into custody in connection with the sale of guns to Sri Lanka's Tamil Tiger rebels, a police officer said yesterday."
"The Sri Lankan government has long complained that Thai officials are involved with dealing arms to the rebel group."
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So while the government is taking steps to disarm the general public, its officers are involved in illicit weapons trade - weapons which undoubtedly will make their way into the hands of criminals. |
NH: Ex-officer pleads guilty to robbery
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"Ex-police officer Gary Sahlin pleaded guilty in federal court yesterday to robbing a Fleet Bank branch of $23,960 with a semiautomatic assault weapon he stole from a Manchester police cruiser."
"Sahlin’s lawyer, federal defender Bjorn Lange, said if the case had gone to trial, a jury would have had to decide whether the weapon could be converted into a machine gun and therefore fit the legal definition of a machine gun; Lange contended it wasn’t." |
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