NRA v. Parker?: Robert Levy, who paid the attorney fees for Parker v.
District of Columbia, speaks out on the role of the NRA during the
development of the case and today, as it pushes legislation that could
invalidate the precedent.
http://www.examiner.com/a-653443~Robert_A__Levy__Should_Congress_or_the_courts_decide_D_C__gun_ban_s_fate_.html
---
Repeal The Damn Thing?: Commentary points out that the Parker decision,
along with a growing liberal recognition of the original intent of the
Second Amendment, is unmasking part of the true agenda of the left -
repeal of the RKBA.
http://libertyzone.blogspot.com/2007/04/repeal-damn-thing.html
---
When Did The FBI First Know?: California RKBA attorneys have posted the
FBI report Violent Encounters: Felonious Assaults on America's Law
Enforcement Officers that shows that cop-killers ignore firearm laws but
don't buy firearms at gun shows. (There is a lot of useful material
about criminal modes of operation in the report.)
http://www.calgunlaws.com/article-480.html
---
Oops, Wrong Apartment: A burglar in Texas was fatally shot after he
kicked in the door to an apartment and confronted a resident. The
intruder was shot several times and died at a hospital.
http://www.nbc5i.com/news/11509924/detail.html
---
Oops, Wrong Motorist: A drunken West Virginia man was fatally shot as he
apparently threatened a friend of his former girlfriend with a knife as
the man prepared to drive away from the woman's home. (While a threat
with a knife might not justify shooting through a closed auto window, a
threat with a firearm might; that scenario figured into my choice to
replace the 110 gr. .357 Magnum SJHP rounds I used to carry with
Cor-Bon's .38 Special +P DPX loads.)
http://wvgazette.com/section/Breaking/000000378
---
Could Charles Have Saved Clara? The first and last time Charles saw
Clara alive, she was being dragged by her hair through the CNN Center in
Atlanta. Clara's tormentor ordered Charles out of the way, and instead
of standing his ground to defend an obviously distressed woman, he
obeyed the thug's order and let them pass. Charles' choice was to go in
search of a guard instead of personally coming to the woman's aid, and
the tragic result is that Clara is now dead...
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55026
Related Article:
http://www.azcentral.com/arizonarepublic/news/articles/0404CNN0404.html
---
Rule Five Reminder: Former Asbury Park Police Director Louis Jordan has
his gun back, law officials said Monday. Jordan, of Tinton Falls, had
reported his gun was missing on March 23. He has said he last knew he
had it on the night of March 17, but first realized it was missing on
March 20... (Any bets on whether "not feeling well" is a New Jersey
police euphemism for "gut-puking drunk"? Rule Five: Maintain control of
your firearm.)
http://www.app.com/apps/pbcs.dll/article?AID=2007704030356
---
Strange Editorial, Considering The Source: Prescott, Arizona's, The
Daily Courier takes on the town council of nearby Dewey-Humboldt for
approving a resolution not to ban firearms at its meetings. The paper
would have preferred a "don't ask, don't tell" policy for those licensed
to carry concealed. (Prescott is the county seat of Yavapai County, home
of Gunsite and numerous other shooting schools and a mecca for gun owners.)
http://prescottdailycourier.com/main.asp?SectionID=36&SubSectionID=73&ArticleID=43518&TM=25402.63
---
From AzCDL:
SB 1301, which rewrites ARS 13-3102.F to clarify that if any portion of
a weapon or holster is visible, the weapon is openly carried, cleared
its final House committee (Rules) on April 3, 2007. From here it goes
to the House Committee of the Whole (COW) for debate and a voice vote.
SB 1301 passed the full Senate on February 21st by a vote of 23-7.
The current law has several problems. Foremost, open carry is limited
in statute to a belt holster, and the holster, NOT the weapon, must be
"wholly or partially visible." SB 1301 specifies that either the weapon
or the holster can be visible, and removes the "belt holster"
restriction. Another problem is the interpretation of the "wholly or
partially visible" language in ARS 13-3102.F by a 1994 Appellate court
decision, which held that it has to be obvious to "ordinary observation"
that you're carrying a weapon. SB 1301 replaces the "wholly or
partially visible" language, and refers to "any portion" of a weapon or
holster being visible.
Please take the time to send a polite note to House members and let them
know that you want them to vote for SB 1301. You can also use the
cut-and-paste letter below. Following the letter are email address
lists of Representatives in both semi-colon and comma separated
formats. Use the one that is compatible with your email software.
Subject: Vote for SB 1301
Dear Representative:
The Arizona Citizens Defense League (AzCDL) has informed me that the
Committee of the Whole (COW) will be hearing SB 1301 (misconduct
involving weapons; exception) very soon. I urge you to vote FOR the
passage of SB 1301.
The current law has several problems. First, open carry is limited in
statute to a belt holster, and the holster, NOT the weapon, must be
"wholly or partially visible." Modern methods of carrying a firearm
like the popular "In the Waist Band" (IWB) holster may be considered
illegal because the holster cannot be seen, even though the firearm is
in plain view. SB 1301 specifies that either the weapon or the holster
can be visible, and removes the "belt holster" restriction.
An additional problem is the interpretation of current statutory law by
a 1994 Appellate Court decision, State v. Adams, which held that it has
to be obvious to "ordinary observation" that you are carrying a weapon.
Under Adams, citizens have been arrested because the law enforcement
officer could not see their openly carried firearm that was in full view
of everyone else.
In "Legal Issues Relating to the Use of Deadly Force" by Michael P.
Anthony, used by the Arizona Department of Public Safety (DPS) as part
of the course of instruction for CCW instructors, carrying a weapon
without a permit is covered on pages 20-24. Mr. Anthony states on page
22 that, "A person can avoid the problems and pitfalls of carrying and
transporting firearms in Arizona by possessing an Arizona CCW permit
whenever carrying or transporting a firearm, concealed or otherwise, in
Arizona."
In short, because of the way the courts have interpreted statute, "open
carry" has become all but outlawed, and whether a person will be
arrested is solely dependent on the mood of whatever law enforcement
officer they might interact with.
The proposed corrections to ARS 13-3102.F would assist law enforcement
officers in properly identifying legal instances of open carry. These
changes reduce the burden on both law enforcement and the law-abiding
public.
Again, I urge you to vote for SB 1301.
Sincerely,
Your Name
Street Address
City, AZ zip-code
telephone number
House members in comma format:
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]
Information on this and other bills can be found at the AzCDL website:
http://www.azcdl.org/html/legislation.html
As legislation progresses, we will keep you up to date via these Alerts
and at our website.
These alerts are a project of the Arizona Citizens Defense League
(AzCDL), an all volunteer, non-profit, non-partisan grassroots
organization. Join today!
AzCDL - Protecting Your Freedom
http://www.azcdl.org/html/join_us_.html
Copyright � 2007 Arizona Citizens Defense League, Inc., all rights
reserved.
--
Stephen P. Wenger
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
