Parker Outcome Will Have Little Effect Nationwide?: Legal analysts and
advocates from both sides of the gun debate say the court's decision to
overturn the District's handgun ban will have little impact nationwide,
regardless of the outcome of a possible Supreme Court battle. (Of note,
the article only offers one quote, from a prohibitionist spokesman, to
support this view. Perhaps analysts are deciding that Parker was crafted
so narrowly as to affect only cities with absolute bans.)
http://www.washtimes.com/national/20070511-112024-2538r.htm
---
Nevada Bill Would Ease Registration Requirements In Clark County: To buy
a handgun from a licensed dealer - or even to reclaim it from a pawnshop
- Nevada residents have to either show they've gone through the rigorous
background check required to carry a state concealed firearms permit, or
else submit at the time of each acquisition to a new, federally required
background check...But Clark County has long enforced its own handgun
registration ordinance...
http://www.lvrj.com/opinion/7436776.html
---
McDonnell vs. Bloomberg: Virginia Attorney General Robert F. McDonnell
and New York City Mayor Michael R. Bloomberg yesterday traded shots
about the legal hoops the Big Apple must jump through before sticking
its nose in the commonwealth's gun-control business...Mr. McDonnell's
office cited a news report in which Mr. Bloomberg's office said Virginia
State Police would now be notified of stings targeting illegal gun
sales...However, the response from Mr. Bloomberg's office seemed to say
Mr. McDonnell was jumping the gun...
http://www.washtimes.com/metro/20070511-102739-3321r.htm
---
RKBA Activists Leave Hawaii After 25 Years: After leading the charge in
Hawaii for some 25 years to protect citizens' Second Amendment rights,
Dr. Max Cooper and his wife Ardie left Hawaii for Washington State. They
leave behind several prominent Hawaii-based Second Amendment focused
organizations, which they helped found and lead...
http://www.hawaiireporter.com/story.aspx?dda4ca1c-b540-4cde-a498-3c35cb3cfd81
---
Do As I Say, Not As I Do?: Article about firearm-safety training by a
Georgia police department includes, "But its (sic) more than safety at
the range. If you have a gun in your home be very careful with it
there. Keep a gunlock on it at all times, especially if there are
children present." (I wonder if officers are being taught to disable
their guns at home and, if so, if they are they counseled to use gun
locks that don't violate Rule Three, by being placed inside the trigger
guard. Why not simply keep a defensive handgun holstered on your person?)
http://www.walb.com/Global/story.asp?S=6487352&nav=5kZQ
---
How Many Rules Were Violated?: A day of drinking and an ill-advised
decision to fool around with a loaded sawed-off shotgun left a young
Regina man scarred and disfigured - and taught him a costly lesson in
firearm safety, a Canadian court heard on Thursday. Joseph Gilewicz, 18,
pleaded guilty to possession of a prohibited weapon after accidentally
shooting himself in the face in December.
http://www.canada.com/reginaleaderpost/news/city_province/story.html?id=2d60c1dc-b319-46c2-8281-00b5127607d3&k=42425
---
Oops, Wrong Store: One of two masked men who robbed a convenience store
in California was shot twice in the back by the store's owner, as he
turned to leave. Store owner Paramjit Singh was questioned by
investigators today. Sheriff's investigators said they would not be
arresting Singh today and it would be up to the San Joaquin County
District Attorney's Office to determine if he shot the robber in
self-defense. (It may be hard to claim self-defense if the robber was in
the process of leaving unless it can be argued that he still posed a
threat.)
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20070511/A_NEWS/70511010
---
After 34 Months, "Self-Defense": A South African man, accused of murder,
waited 34 months for a judge to rule that had not exceeded the bounds of
self-defence when he fired shots at a gang of drunk men who attacked him
outside his sister's home in Unigray, southern Johannesburg, on July 31
2004.
http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20070510232426960C346346
---
Colorado Out-Of-State-Permit Restriction Headed To Governor's Desk:
Senate Bill 34, sponsored by State Senator John Morse (D-11), passed the
House and is on its way to the desk of Governor Bill Ritter (D). If
enacted, non-resident carry permits will no longer be honored if the
permit holder is not a resident of the state that issued the permit.
For example, a Florida permit issued to a non-resident will not be
recognized in Colorado. No demonstrated need has been presented to
justify SB34, legislation that will potentially threaten reciprocity
agreements.
http://www.nraila.org/Legislation/Read.aspx?id=2817
---
From NRA-ILA: Recent alerts for the various states are posted on the
NRA-ILA website.
http://www.nraila.org/Legislation/State/
---
From The Firearms Coalition: (more news below this item)
While there has been much discussion and debate recently concerning
actions which might be taken by anti-gunners in Congress, the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF) has made "adjustments"
to their interpretation of laws regarding "mental defects." ATF is
actively encouraging state Attorneys General to enhance their reporting
of persons who fall under the new, broader definitions to the National
Instant Check System (NICS) to bar them from ever purchasing or
possessing firearms. Shockingly, the NRA and the National Shooting
Sports Foundation are both supporting and encouraging ATF's efforts.
The impact of this "adjustment" could be devastating to thousands of
people around the country. According to ATF and NICS, a mentally ill
person can never recover. There is no path for restoration of gun
rights once they have been denied on the basis of mental problems.
My latest Knox Report, which was written before I discovered the ATF
letter linked below, looks at the problems in more detail. The column
addresses issues occurring in Virginia, however under this broadened
definition, thousands of healthy, functional citizens will be barred
from gun ownership for life. This could include anyone ever ordered to
attend an alcohol treatment program after a drunk driving arrest, any
soldiers ordered to undergo treatment after the trauma of battle... And
once barred, there is no way to restore their rights.
We all need to take immediate action!
Contact your Governor and your Attorney General and tell them that there
is a problem with the push for opening mental health records. Ask them
to pause before taking any action that would give the federal government
more personal information about citizens. Ask them to demand a
reasonable path to restoration of rights before agreeing to any increase
in reporting.
Contact your local and national veterans' organizations to let them know
how this is going to particularly impact their comrades. Our soldiers
must not be victimized again!
Contact your local mental health advocacy organizations. For not only
can this draconian action threaten the rights of people who have
successfully dealt with behavioral or emotional issues, it could prevent
people who need help from seeking it for fear of a lifetime of lost rights.
Post this alert and the accompanying article on firearms related
forums and blogs to help spread the word about this bureaucratic attack
on our rights.
And please help us build a strong defense against this unfair and
dangerous policy by making a financial contribution to the Firearms
Coalition.
Those of you who have known us for many years know that we do not deal
in the hype and hysteria that many groups do in their efforts to raise
funds. We have a reputation for clear reporting and analysis without
exaggeration or distortion as well as a low-key fundraising style.
Knowing that, I encourage you to be alarmed about this issue! Take
Action! Write Letters! Spread the Word! And help us to fight this
tyranny by making as generous a contribution as you can.
We Need Your Help Now.
To donate on line, go to www.FirearmsCoalition.org
You can also write to us at:
The Firearms Coalition
Box 3313
Manassas, VA 20108-3313
Or phone in your donation at 703-753-0424
We respect your privacy and your personal information. We never sell,
rent, barter, or share our list.
Read the ATF letter to AG's at:
http://www.atf.treas.gov/press/2007press/050907open-letter-to-states-attorneys-general.htm
or in the press area of the ATF web site at: www.ATF.Treas.gov
The Knox Report
From the Firearms Coalition
Mind Games
By Jeff Knox
(Manassas, VA, May 8, 2007) On April 30, the Governor of Virginia
signed an Executive Order requiring any ruling by a judge or magistrate
which says that a person could be a "threat to himself or others" must
be reported to the Virginia Crime Statistics Database and shared with
the federal government's National Instant Check System. This would mean
that any such person would lose their right to purchase, own, or possess
a firearm for the rest of their life (or until a court restores their
rights - something that sounds reasonable, but simply never happens.)
No one would suggest that it is sensible or prudent to make it easier
for mentally unstable people to acquire firearms. Arguments against
increased limitations on access to firearms by the mentally ill can not
help but seem - well - crazy. Unfortunately, just because something
seems sensible on its face does not mean it truly is sensible and just
because an argument is difficult to make does not make it wrong.
The fact that our nation was founded on principles of individual liberty
makes it very difficult to force a person who might be struggling with
mental issues to get help. The standard way around this bothersome
liberty thing is for a judge to declare that the subject might be "a
threat to himself or others." This declaration allows the court to step
in and order evaluation or treatment.
Again, this seems reasonable until you consider how low the burden of
proof for such a judgment can be. Judges have tended to look at the
matter as a rather minor issue; your family or friends are worried about
you and you refuse to "get help"... The judge will just send you in so
the doctors can take a look at you and see what's really going on -
simple, relatively painless, and rarely any immediate negative impacts.
So anyone that has undergone such an order - ever in their life - now
loses their gun rights. Every veteran who was ever forced to undergo
treatment for Post Traumatic Stress Disorder, every high school or
college student who was taken into "protective custody" for threatening
suicide, every young man who was ordered to undergo psychiatric
evaluation because he enjoys getting into fights a bit too much...
Anyone who has ever had a judge use the expedient term "threat to
himself and others" would lose their gun rights forever.
Might such a law keep someone like the Virginia Tech murderer from
legally purchasing firearms? Possibly; but it won't stop them from
buying guns illegally, or buying a couple of quarts of gasoline, or
getting behind the wheel of a car... Meanwhile such a law could
prohibit thousands - maybe millions - of perfectly healthy, responsible
citizens from exercising one of their enumerated Constitutional rights.
All in the hope of impeding that extremely rare, seriously dangerous
animal from acquiring a gun as his primary implement of destruction.
Suppressing the rights of the many in hopes of interfering with the
activities of the very few, is no way to run a free country.
A recent case at the University of Georgia really makes the point. A 27
year old graduate student made a comment during a meeting with a faculty
member which caused that faculty member some alarm. Reports say there
was no threat made, just a "troubling comment." This faculty member's
concern led campus police to seek, and a magistrate to grant, a warrant
for the young man to be committed for psychological evaluation.
Police arrived at the young man's apartment a little after 10:00 that
night. Receiving no answer to their knocking, they used a pass-key to
enter the apartment. In a back bedroom officers encountered the young
man who "threatened" them with a handgun. After identifying themselves
and issuing repeated orders, police convinced the man to put down the
gun and surrender. He has now been charged with Aggravated Assault on a
Police Officer.
Whether this is a case of an involved teacher rescuing a student from
himself or a hopolophobe exercising their own paranoia, has yet to be
determined. What is truly troubling about this case is that based on
nothing more than one person's assertion, police were able to obtain a
search warrant, have the young man declared a "threat to himself and
others", and ordered to undergo a mental health evaluation.
Under the new Virginia rules this young man would lose his gun rights
forever - all on the word of one person.
That a judge or magistrate would sign an order and warrant based on the
word of a single witness, is down right scary. That such an order would
automatically result in the loss of all gun rights - even if the ordered
evaluation finds nothing out of order - is indefensible and unacceptable.
Permission to reprint or post this article in its entirety is hereby
granted provided this credit is included. To Receive the Firearms
Coalition's bi-monthly newsletter, The Hard Corps Report, send a
contribution to The Firearms Coalition, PO Box 3313, Manassas, VA 20108
or visit FirearmsCoalition.org and ShotgunNews.com �Copyright 2007 Neal
Knox Associates
----
Bill To Reduce Penalty For Unlicensed CCW Heads To Arizona Governor:
Carrying a concealed weapon without a permit would become a petty
offense, under a bill headed for the governor. (The article fails to
mention that the penalties would actually increase for those who are
carrying in the commission or attempted commission of a felony.) Sponsor
Karen Johnson would like to dump the permits completely.
http://ktar.com/?nid=6&sid=477892
---
CCW Okay For Arizona State Senators: The president of the state Senate
said Friday he sees nothing wrong with lawmakers bringing loaded weapons
into the building. Tim Bee, a Tucson Republican, said he believes armed
legislators actually have been around for a number of years - at least
since a 1994 state law authorized people to legally carry concealed
weapons. Bee said his predecessors never made an issue of it.
http://www.azstarnet.com/metro/182722
---
From AzCDL:
Howie Fischer, who runs a tiny media outlet out of his home called
Capitol Media Services, managed to get one of his "news" stories,
attacking both Senator Johnson for carrying a firearm and SB 1629 in
general, published in a number of Arizona newspapers. Either it's a
slow news day, or it fits into their prejudicial agenda.
The story has been found in the:
Arizona Daily Star:
http://www.azstarnet.com/news/182587
East Valley Tribune:
http://www.eastvalleytribune.com/story/89488
Arizona Daily Sun:
http://www.azdailysun.com/articles/2007/05/11/news/20070511_front%20page_5.txt
(Caution: You may want to wrap your head in duct tape to keep it from
exploding when you read the story)
First, Howie ignores the facts about the Arizona Constitution and gun
laws in general. Then he gets all atwitter about women being able to
defend themselves, and goes on a misogynistic attack against Senator
Karen Johnson, a grandmother, for carrying a firearm. Then, using
tortured logic, he twists the story into a hyperventilated attack on SB
1629 because it might keep law-abiding citizens from getting arrested
when they attempt to comply with firearms statutes clouded by
head-scratching court decisions.
It's time to let the editors of these "news" outlets know that we've had
enough of them printing bigoted hit pieces on law-abiding citizens.
This Alert is probably reaching at least 500 people. If the above
newspapers received 500 Letters to the Editors about this, they may not
print them all, but they sure will get the message that it's not open
season on gun owners anymore.
This time we can't give you a cut-and-paste letter, because we want the
words to come from you. However, later in this Alert, we will provide
some facts you might want to use, along with the contact information for
each of the newspapers that printed Howie's story.
First, let's get into "Letters to the Editor" 101:
1. Type or write clearly. Include your name, address, and
telephone number. Papers sometimes call to verify authorship.
Newspapers will not print anonymous letters.
2. Address your letters to: "The Editors" or "Dear Editor."
3. Be brief and specific. Letters should never exceed one page.
State the purpose of your letter in the opening paragraph, and stick to
that topic. If your letter pertains to a specific article or editorial,
identify it accordingly. Try to keep your letter under 125 words.
Always adhere to the paper's guidelines, which should be stated on the
editorial page of the paper.
4. Speak the truth. Never make a statement you can't back up with
hard figures or facts. Be polite. Avoid name-calling and insults.
5. Stick to current issues. Stay with the debates going on right now.
6. Keep trying! Don't become discouraged if your letter is not
published. Most publications receive more letters than they can print,
and will often print one letter as a representative of others about the
same subject. Keep trying! Unpublished letters are still read by the
editors, and can help them determine which topics receive more attention.
Now, let's examine Howie's "story" and look at facts:
� In one paragraph, Howie talks about how "Arizonans did not have
the right to carry concealed weapons until the law was changed in
1994." Wrong! For a start, the government cannot "grant" rights. They
preexist. Government can recognize and protect rights, or not. In
1990, an Appellate Court (Dano v. Collins) determined that Article 2,
Section 26 of the Arizona Constitution ("The right of the individual
citizen to bear arms in defense of himself or the state shall not be
impaired...") allowed for "reasonable regulations," including the
prohibition of carrying concealed weapons. Still wearing that duct
tape? In 1994, when the State Government passed laws regulating
concealed carry, no new rights were granted. The Department of Public
Safety gained a revenue stream, and Arizonans gained some convenience
and relief from an undue burden on their existing rights.
� Senator Johnson's carrying of her firearm into the Senate
building is not connected in any way with her sponsorship of SB 1629,
despite what Howie implies. The Arizona Constitution protects
legislators from arrest for misdemeanor charges (Article 4, Part 2,
Section 6). Carrying a weapon past a "We don't serve your kind here"
(e.g., No Weapons) sign can result in a misdemeanor charge. This is not
affected at all by SB 1629. In addition, the sign on the Senate
building very clearly states that "members of the public" may not carry
weapons in the building. That is not generally interpreted as applying
to legislators, by anyone except Howie Fischer. Finally, the Senate
President controls the building, and may permit anyone to carry inside,
despite what any sign says.
� Howie's description of SB 1629 is, to be polite, inaccurate.
He insinuates that anyone (i.e., terrorists, murderers, rapists, gang
bangers, etc.) caught carrying a concealed weapon without a permit would
get a $300 fine. Is that a sterling example of journalistic integrity,
or what (hope that duct tape is holding out)? The truth is that SB 1629
would make carrying a concealed weapon without a permit a class 6 felony
if you are committing or attempting to commit a "serious offense" or
"violent crime", actually increasing the current penalty from a class 1
misdemeanor. A violation committed in connection with any other felony
would still be a class 1 misdemeanor. The penalty is only reduced to a
petty offense for law-abiding citizens. The only people who would get a
petty offense for a concealed weapon violation under SB 1629 are people
who are doing nothing else wrong than simply carrying a gun.
� Under current law, if you have not been issued a concealed
weapons (CCW) permit, it is a class 1 misdemeanor to carry a concealed
weapon. Everyone is treated like a hardened criminal. Sadly, because
of a couple of 1994 Appellate Court decisions, there is no clear,
objective standard in statute that you can rely on to determine if you
are violating the law. If a casual observer cannot easily see your
firearm, you are carrying concealed and could be arrested. Wearing a
gun in a vehicle = concealed carry. Without a permit you are subject to
arrest. Having a CCW permit and wearing a gun in a vehicle puts your
non-CCW permit passengers at risk for being arrested for carrying
concealed without a permit.
� SB 1629 separates the innocent mistake by law-abiding citizens
from the cold-blooded actions of hardcore criminals. SB 1629 even adds
the "attempted commission of a serious offense" language to the law, to
assist law enforcement in arresting the bad guys
� There is broad bi-partisan support for SB 1629, and among the
members of the legislature that support it are several former law
enforcement officers and former prosecuting attorneys. Pro-self-defense
groups support it. Law enforcement groups support it. The public
supports it.
� SB 1629 also specifies that AZ POST certified officers may
carry a weapon into any place, and under any circumstances, not
specifically excluded in HB 2457, which was signed by the Governor on
April 16, 2007. This is another crime-fighting feature of SB 1629. It
means a greater law-enforcement presence, and safer neighborhoods,
businesses and streets.
OK - You've read Howie's story, and you know the real facts. Now it's
time to warm up those keyboards and politely educate some newspaper
editors. Below are links to their Editorial pages where you can find
email addresses to send your comments to, along with their guidelines
for sending letters:
Arizona Daily Star:
http://www.azstarnet.com/sn/opinion/64475
East Valley Tribune:
http://www.eastvalleytribune.com/story/232
Arizona Daily Sun:
http://news.azdailysun.com/opinion/letter_submit.cfm
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
