What Are We Getting Into?: I get occasional inquiries as to whether I
have any insights on Judge Roberts' views on the Second Amendment. I
have no crystal ball and have shared anything I have considered serious
and significant with the list. This appears to be an insightful,
non-hysterical commentary.
http://www.washtimes.com/commentary/20050919-085408-7876r.htm
---
Concealed-Carry Debate Continues In Ohio: After seventeen months of
licensed CCW in Ohio, some municipalities are still trying to ban carry
in parks, contrary to state law.
http://toledoblade.com/apps/pbcs.dll/article?AID=/20050919/NEWS02/509190312
---
Anchorage Needs To Rescind Ordinance: Anchorage is no longer enforcing
its ordinance that requires a permit to carry a concealed firearm within
city limits. The ordinance is in conflict with state law and should be
rescinded. Article includes some interesting quotes.
http://www.adn.com/news/alaska/story/6991848p-6893005c.html
---
Lack Of Concealed Carry Only Helps Bad Guys: An excellent op-ed piece in
Wisconsin's Milwaukee Journal Sentinel.
http://www.jsonline.com/news/editorials/sep05/356947.asp
---
Poor Tactics, Good Outcome: A law-school student in Georgia fatally shot
an intruder in his home. As discussed a while back, a better plan would
have been to remain upstairs in a safe room. Had there been multiple
intruders or had the single intruder been lying in wait, the outcome
could have been different.
http://www.macon.com/mld/macon/12685301.htm
---
Cougar Shooting Ruled Self-Defense: A Colorado hunter used the one shot
available in his muzzle-loader to shoot a cougar that persisted in its
approach even after he yelled and threw things at it.
http://www.gjsentinel.com/news/content/news/stories/2005/09/19/9_19_Mt__Lion_WWW.html
---
L.A. vs. Orange Counties: The sheriffs of southern California's two most
populous counties will debate their policies on deputizing and arming
campaign contributors. (Becoming an FOS [friend of Sherm] was the best
way to obtain an retain a CWP in L.A. County during the "reign" of
Sherman Block as sheriff.)
http://www.fulldisclosure.net/Program_Details/videoblog11.htm
---
Woman Sentenced For Buying Guns For Illegal Aliens: In a plea agreement,
an Iowa woman was sentenced to 21 months in prison for buying firearms
for her live-in boyfriend, who gave some of them to other illegal aliens.
http://www.whotv.com/Global/story.asp?S=3870879
---
Indiana Cops Train At Night Shooting: Unfortunately, this article makes
it seem like low-light training is the exception, rather than the rule.
http://www.southbendtribune.com/stories/2005/09/19/local.20050919-sbt-FULL-A1-A_shot_in_the_dark_.sto
---
Gunslingers Aren't Necessarily Hunters: Actually, the commentary turns
out to be about sporting clays but it's still nice to see some favorable
comments about gun owners coming out of a state like Connecticut.
http://www.record-journal.com/articles/2005/09/18/sports/roberts/roberts918.txt
---
The NRA May Be Right: "Whatever your political philosophy, protecting
your family must be the first priority; and arming yourself -- when
government can no longer protect you and yours -- now makes sense."
Despite the grammatical error (should be "arming yourself for when the
government can no longer protect you and yours") the RKBA is placed in a
post-Katrina perspective that even many liberals can now understand.
http://pittsburghlive.com/x/tribune-review/opinion/columnists/mistick/s_374928.html
---
Katrina Chaos Boosts Case For Second Amendment: The value of this
commentary is enhanced by the fact that it was published in Detroit.
http://www.detnews.com/2005/editorial/0509/18/A17-318167.htm
---
Firearm Prohibition Works So Well...: Expect a big drive for knife
prohibition in the United Kingdom. The latest UN figures show Scotland
as the most violent country in the developed world, with people three
times more likely to be assaulted than in America. England and Wales
recorded the second highest number of violent assaults while Northern
Ireland recorded the fewest.
http://www.timesonline.co.uk/article/0,,2-1786945,00.html
http://news.bbc.co.uk/2/hi/uk_news/scotland/4259374.stm
---
From Gun Week:
Grant Money Funded VSP Richmond Show Operations
by Dave Workman
Senior Editor
Contrary to what Gun Week was initially told by spokespersons for the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the
Virginia State Police (VSP) about how local police involvement was
funded as part of a task force operation that checked gun buyers at
Richmond gun shows, it appears VSP covered its man hours through federal
grant funding.
At the same time, one of the nation's leading gun law experts believes
the Richmond operation violated several laws covering how information on
federal firearms transfer forms may be used. Attorney Stephen Halbrook
told Gun Week that he thinks the Richmond operation violated federal gun
and privacy laws. He believes the operation should be subject to a
Congressional oversight hearing.
Documents released by VSP under a Freedom of Information Act request,
and obtained by Gun Week, show that in 2004 and 2005, VSP charged
hundreds of man-hours against a Gang Enforcement grant from the
Department of Justice. According to VSP spokeswoman Corinne Geller, that
grant is to help support state police enforcement efforts against gangs
and violent crime. She said that could include the interdiction of
"straw man" gun purchases.
When originally asked how officer time in the gun show operation was
paid for, both Geller and ATF's Sheree Mixell suggested that officers
were assigned to this effort as part of their normal work day, and that
would have included officers assigned to the joint task force. At least
where the VSP is involved, that is not the case.
The gun show operations, which have included so-called residency checks,
have drawn a storm of criticism after prospective gun buyers at the
August Richmond gun show discovered that police officers were being
dispatched to their residences, while they were waiting for background
checks to clear. Once at their homes, those officers would ask whoever
answered the door whether the gun buyer actually lived at that address,
and if they were aware that individual was at a gun show purchasing a
gun, plus some follow-up questions.
Nearly 1,000 man-hours were rolled up by VSP personnel who were involved
in operations at gun shows in January, March and May of this year, and
in July, October and December 2004 gun shows, according to the documents
obtained by Gun Week. The expenses were broken down with trooper hours
accounting for the majority of time. There were also hours credited for
the services of a sergeant and, at three of the gun shows, special
agents racked up a total of 108 man hours. More than 700 man hours was
credited to troopers.
Mixell has assured Gun Week that ATF will no longer be participating in
the residency check operation.
Questions continue to linger about whether use of information from
federal 4473 forms, filled out by gun buyers for the National Instant
Check System background checks, was legal when given by ATF agents to
local police. It was local officers, from Henrico County and Richmond
police departments, who conducted the actual residential visits.
VSP is responsible for doing background checks for handgun purchases in
the state, but there is no place on the state form for a buyer to list
his or her street address. That could only be gotten from the federal form.
Halbrook is convinced that sharing information with local police
authorities simply to visit and verify the residences of potential gun
buyers is not allowed under the Firearms Owners Protection Act or the
Brady Act.
"I think it's highly illegal," he said.
Halbrook contended that the laws are explicit on how such information
may be shared. He said such information may be divulged by ATF to local
law enforcement "only in the case of (investigating) prohibited persons"
who have or are attempting to buy firearms. It may not be shared simply
for the purpose of determining whether someone is qualified to buy a
gun, he contended.
The attorney and gun rights author also believes that there may have
been violations of the Privacy Act.
Halbrook had harsh criticism for law enforcement operations that target
gun shows. He noted that statistically, gun shows are "a very minor
source of crime guns." A study for the Department of Justice that
surveyed prison inmates found that only 1% of armed criminals got their
guns at gun shows.
"They're chickens," Halbrook asserted. "They ought to be out in the
inner cities busting real gang members. . . . They go to gun shows and
. . they're not in any danger. They go out on the street busting real
criminals, they are in danger."
Halbrook recalled that at a gun show held in Chantilly (VA) last year,
federal agents apparently set up hidden cameras to photograph the
activities, without knowledge of the gun show operator. Once that
operation was discovered, show operator Steve Elliott complained, and
the cameras were gone.
According to Halbrook, that particular gun show is frequented by "high
class" citizens, including some members of Congress and attorneys at the
Justice Department. Had they known they were being photographed, he
said, they would not have been very happy.
Halbrook said there are "a whole array of protections" for private
citizens who purchase firearms, from having information they write down
on gun purchase forms distributed without good cause. He said personal
information cannot be simply given out to local law enforcement agencies
without good cause.
"There's no authority," he said, in the federal law to allow that.
Revelations about the gun show operation have gunowners across the
country riled, said Philip Van Cleave, president of the Virginia
Citizens Defense League (VCDL). That group has been leading the charge
to expose what happened at Richmond the weekend of Aug. 13-14.
"With gunowners," Van Cleave said, "there's a lot of anger and
consternation. It really stirred up some e-mails, once it hit the Internet."
He recalled that "a lot of people" initially disbelieved the reports
from Richmond, but that doubt was erased when ATF announced that it
would not be participating in any more such operations.
"That (was an acknowledgement) they had been doing it," Van Cleave observed.
VCDL is not involved in the gun show, which is run by Showmasters. Van
Cleave said if there is some legal action over the August incident, then
it would be up to the VCDL board of directors to decide whether the
organization "gets behind" such action.
"If there are lawsuits," Van Cleave said, "it'll probably be coming from
Showmasters, since they were affected by this. It certainly cost them
business."
One thing that astonishes Van Cleave is the lack of press interest. He
indicated that local media are all aware of the story.
According to the data, there were 193 residence address checks, charges
of making false statements on firearms forms against 17 people, two
cases of felons in possession of firearms, 13 cases of conspiracy to
commit a straw purchase, seven felony fugitives apprehended along with
five misdemeanor fugitives, five cases of marijuana possession, one
charge of cocaine possession, and 43 guns were confiscated.
One revelation from reading the VSP gun show data was that it was not
collected for the March 2005 gun show. There is no explanation why,
except that it was per instructions from an ATF special agent.
------------------------------------------------------------------------
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--
Stephen P. Wenger
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
