Unintended Consequences?: When President Obama took office, gun rights
advocates sounded the alarm, warning that he intended to strip them of
their arms and ammunition. And yet the opposite is happening. Mr. Obama
has been largely silent on the issue while states are engaged in a new
and largely successful push for expanded gun rights, even passing
measures that have been rejected in the past. In Virginia, the General
Assembly approved a bill last week that allows people to carry concealed
weapons in bars and restaurants that serve alcohol, and the House of
Delegates voted to repeal a 17-year-old ban on buying more than one
handgun a month. The actions came less than three years after the
shootings at Virginia Tech that claimed 33 lives and prompted a major
national push for increased gun control. Arizona and Wyoming lawmakers
are considering nearly a half dozen pro-gun measures, including one that
would allow residents to carry concealed weapons without a permit. And
lawmakers in Montana and Tennessee passed measures last year - the first
of their kind - to exempt their states from federal regulation of
firearms and ammunition that are made, sold and used in state. Similar
bills have been proposed in at least three other states... That Mr.
Obama signed legislation allowing guns in national parks and on Amtrak
trains should not be seen as respect for the Second Amendment, Mr.
LaPierre said. The two measures had been attached as amendments to
larger pieces of legislation - a bill cracking down on credit card
companies and a transportation appropriations bill, respectively - that
the president wanted passed, Mr. LaPierre said... (The New York Times
undercounts the number of states considering Firearms Freedom Acts.)
http://www.nytimes.com/2010/02/24/us/24guns.html?hp
Wildlife officials say last year's fears that the Obama administration
would enact sweeping gun control reform have translated into a windfall
for wildlife agencies nationwide. Receipts for the Pitman-Robertson
Fund, funded by an excise tax on guns and ammunition, are up 40 percent
across the country. Adam Brooks, federal aid program manager for Montana
Fish, Wildlife and Parks, said that has meant a $3.5 million increase in
cash for wildlife conservation in the state. The tax, which is collected
by the federal government, is levied on firearm and ammunition
manufacturers, and the proceeds are distributed based on states' shares
of hunters and habitat. Brooks said Montana's $12.5 million cut was
delivered Feb. 12. The taxes were collected between Sept. 31, 2008, and
Oct. 1, 2009, and the increase correlates with the 2008 national
election, which was marked in the West by speculation that Obama would
pursue strict gun control legislation...
http://www.flatheadbeacon.com/articles/article/boom_in_gun_sales_benefits_wildlife_agencies/16231/
President Barack Obama's top advisers are quietly laying the groundwork
for the 2012 reelection campaign, which is likely to be run out of
Chicago and managed by White House deputy chief of staff Jim Messina,
according to Democrats familiar with the discussions. The planning for
now consists entirely of private conversations, with Obama aides at all
levels indulging occasionally in closed-door 2012 discussions while
focusing ferociously on the midterm elections and health care reform,
the Democratic sources said. "The gathering storm is the 2010
elections," one top official said. But the sources said Obama has given
every sign of planning to run again and wants the next campaign to
resemble the highly successful 2008 effort...
http://www.politico.com/news/stories/0210/33411.html
---
Terrorist Threat Demands Nationwide CCW Recognition: "The current
terrorist threat demands that Congress enact legislation establishing
national recognition for the carrying of concealed firearms," says gun
rights expert John M. Snyder. Noting that government intelligence
experts indicate another attempted terrorist attack within the United
States in three to six months is "certain," Snyder said, "Americans with
state-issued permits to carry concealed firearms in a state should be
able to carry them throughout the country. This is necessary for
personal and public protection. "Earlier this month, a Capitol Hill
newspaper reported that Sen. Tom Coburn (R-OK) is prepared to offer a
national ccw reciprocity proposal as an amendment to pending
legislation. Such an initiative would be in the public interest.
Americans who value the right to keep and bear arms and all citizens who
value freedom most assuredly would support this move." (Attractive as
this sounds, such federal legislation could be the camel's nose under
the tent of establishing federal CCW standards. Years ago, it was argued
that nationwide CCW for off-duty and retired police officers would pave
the way for doing the same for private citizens. Note that the Law
Enforcement Officer's Safety Act requires annual "qualification" to a
state standard and imposes a few other limitations as well. Once passed,
even without standards imposed on the states, such a law is vulnerable
to future amendment, with the threat of denying law-enforcement funds to
states that do not comply.)
http://www.expertclick.com/NewsReleaseWire/Terrorist_Threat_Demands_National_CCW_Reciprocity_says_Gun_Law_Expert,201030822.aspx
---
More on National-Park Carry: Remember World War I? Few alive today were
around when we sent the doughboys off to liberate Europe; meanwhile back
home, American citizens were banned from exercising their Second
Amendment rights in National Parks, including the Great Smoky Mountains
National Park near Knoxville. Today, that 94 year old ban is being
lifted as a result of Federal legislation enacted last year... Some seem
to think that it is immoral to carry a defensive weapon, although, deep
within their souls, they know that they would take up any available
weapon to defend their offspring from harm... As you decide whether or
not to exercise your right and arm yourself when going into national
parks, remember that Saint Peter probably would pack a pistol in the
park, were he here today. Remember, also, that there are rules to follow
when packin' in the park. Generally, state laws apply, but you can't
carry into Federal facilities, such a welcome centers. And, remember
that you are still are not allowed to carry in Knoxville City Parks...
http://www.examiner.com/x-28023-Knoxville-Gun-Rights-Examiner~y2010m2d22-Would-Saint-Peter-pack-a-pistol-in-a-national-park-today
But in Illinois...: ...You must have been issued a valid FOID Card,
although you need not carry the card on your person. Your firearm must
be unloaded. And you must carry it enclosed in a container - not
necessarily a gun case - to comply with Illinois Criminal Code. But the
Illnois Wildlife Code is more specific, requiring that you use a case
specfically designed to house a firearm. Any gun case should satisfy
the requirement, and it seems likely that bags and fanny packs made for
carrying guns, such as Maxpedition or Galco gear, should pass muster as
well. The Wildlife Code may never be applied, and it rarely is today,
but since so many national parks are wildlife areas, it's probably worth
erring on the side of caution...
http://www.examiner.com/x-17034-Chicago-Gun-Rights-Examiner~y2010m2d22-Gun-Rights-101-So-can-I-carry-a-gun-in-a-national-park-now
And in Washington...: Listening to the 4 o'clock hour of Monday's John
Carlson show on KVI with Ralph Fascitelli, president of Washington
CeaseFire, was an exercise in verbal bait-and-switch, because what
started as a discussion of the new law on firearms in national parks
soon began bouncing around to homicides in Seattle and Washington State,
gun shows and all kinds of unrelated issues...
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2010m2d23-Gun-prohibitionists-cant-be-confused-by-facts
A two-decade-old ban on loaded guns in national parks ends today. Loaded
guns will be allowed in Yellowstone, the Grand Canyon, Great Smoky
Mountains, and other national parks. Guns will still be prohibited in
some areas in the parks, federal facilities that are regularly staffed
by National Park Service and U.S. Fish and Wildlife Service employees,
but everywhere else they will be allowed... Opponents worry about the
possibility that permit holders will accidentally shoot others or use
their guns to commit crimes such as poaching. But this isn't the first
time people have been able to carry guns in national parks. They were
allowed to do so for over two months last year, from January through
March, and absolutely no problems were reported. Nor are the proponents
of the ban pointing to any problems when guns were previously allowed in
national parks during the 1980s and earlier... Wild animals also
sometimes do attack humans, and guns can come in handy. According to a
study by Professor Gary Mauser at Simon Fraser University, guns were
used about 36,000 times a year to stop animal attacks in Canada. Here is
a prediction. Just like the ruckus over passing concealed handgun laws,
the fears about guns in national parks will soon be forgotten.
http://www.foxnews.com/opinion/2010/02/22/john-lott-national-parks-guns-obama/
---
Gun Rights Examiners Gain Recognition: When I began the Gun Rights
Examiner effort, it was with an eye toward going around or breaking
through much of the media bias we routinely encounter in the gun debate
from the "Authorized Journalists." We've had good growth to date and are
now represented by 21 activist writers. Still, much of the commentary
we've generated has been confined to "the choir," with only occasional
"leaks" into a discussion that reaches the wider world. We're starting
to see some indication this is slowly changing. Let me share some very
recent GRE "success stories" with you...
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m2d23-Gun-Rights-Examiners-gaining-media-notice
---
Painting with a Broad Brush: Every segment of society has bad apples.
There are teachers who molest students, doctors who kill patients,
firefighters who start fires, police officers who stalk and kill
innocent people. The list goes on and on. Recently, a new tactic of gun
control groups has been to keep a tally of deaths they attribute to
concealed carry permit (ccw) holders. Mind you, they don't use real
research, just Google to look for any article matching a shooting death
with a person reported to hold a concealed handgun license. The latest
number they throw out is 139 deaths since 2007. Even if that number is
true, considering that they claim there are over 10,000 firearms related
deaths each year that makes the crime rate for ccw holders far below the
national average...
http://www.examiner.com/examiner/x-2206-Cleveland-Gun-Rights-Examiner~y2010m2d23-Blaming-many-for-the-actions-of-a-few
---
Seventh Circuit Will Re-Hear Domestic-Violence Case: That's the case in
which a unanimous Seventh Circuit panel vacated - on Second Amendment
grounds - a conviction for gun possession by a misdemeanant convicted of
domestic violence, and remanded for further proceedings to determine
whether the government could show a "reasonable fit" "between this
important objective [the government's interest in protecting against
domestic-violence gun injury and death] and � 922(g)(9)'s blanket ban on
firearms possession by persons who have been convicted of a
domestic-violence misdemeanor." Thanks to Alice Marie Beard for the report.
http://volokh.com/2010/02/22/seventh-circuit-will-rehear-u-s-v-skoien-en-banc/
http://volokh.com/2009/11/18/seventh-circuit-vacates-conviction-for-gun-possession-by-a-misdemeanant-convicted-of-domestic-violence-remands-for-further-proceedings/
---
Wisconsin Senate Relaxes Restriction on Hunters: The Wisconsin State
Senate passes a bill Tuesday that would allow hunters to carry uncased
firearms. The bill, which is backed by Senate Majority Leader Russ
Decker, would make it legal to carry an uncased, unloaded gun 26 inches
long or longer in your car. It would also make it legal to carry an
unloaded bow or crossbow outside of a case... Under the current law a
firearm must be stored in a closed case, while inside of a vehicle. The
National Rifle Association and other gun rights groups support the
change, saying it's a step in the right direction on easing gun control.
The bill will now go to the State Assembly for a vote. (As noted
yesterday, Wisconsin residents who openly carry holstered handguns would
still be required to unload and case them when entering a motor vehicle.
Note the following item on public safety versus private safety.)
http://www.wjfw.com/stories.html?sku=20100223165357
---
Public Safety vs. Private Safety: With Utah currently debating a
defensive-display bill, list member Gary Marbut again offers this
analysis, prepared during Montana's debate on the topic: ...A legitimate
way to look at this issue is that for every individual officer killed by
criminal (not armed citizen) gunfire in 2007, at least 36,363 armed
citizens were able to use firearms to ward off criminal attacks. While
the 55 officers lost are tragic, it pales in comparison to the millions
of citizens who were able to use firearms to save themselves when police
couldn't be there, or couldn't get there in time - when police failed to
protect citizens. In terms of public policy and the large picture, there
is absolutely no question about which is more important to or beneficial
to the public, public safety (police protection) or private safety
(citizen self defense). Public safety is clearly "Plan B," intended to
provide the body bags for victims and to bring some predators to
justice. But "public safety" should never be allowed to supplant "Plan
A," or "private safety," allowing private citizens the unfettered
ability to protect themselves.
http://www.progunleaders.org/Safety/
Related Article:
http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2010m2d22-Utah-seeks-to-clarify-showing-vs-brandishing-a-weapon
---
Colorado University Proceeds with Gun Ban: Following up on a December
vote to ban concealed weapons at Colorado State University, the
institution's Board of Governors unanimously approved a plan today to
put the new policy into effect, according to The Coloradoan, a newspaper
in Fort Collins. The decision has split the two-campus system, with
faculty and staff members supporting the ban and students opposing it.
Pro-gun groups have vowed to challenge the new policy in court,
asserting that it represented a violation of the Second Amendment. (I
find it encouraging that "students" in general are described as opposing
the ban.)
http://chronicle.com/blogPost/Colorado-State-U-Board/21420/
Sheriff Stands His Ground: The Colorado State University Board of
Governors voted unanimously Tuesday to place students at both of its
campuses in harm's way with a sweeping weapons ban law-abiding citizens
will obey and criminals will ignore. Larimer County Sheriff James
Alderden, outraged by the ban, told The Gazette's opinion department he
will undermine it in the interest of student safety. CSU-Fort Collins
Police Chief Wendy Rich-Goldsmith, a relative newcomer to the campus,
supports the ban. "I have told the CSU police chief I will not support
this in any way," Sheriff Alderden told The Gazette. "If anyone with one
of my permits gets arrested for concealed carry at CSU, I will refuse to
book that person into my jail. Furthermore, I will show up at court and
testify on that person's behalf, and I will do whatever I can to
discourage a conviction. I will not be a party to this very poor
decision." Though each CSU campus has its own police department,
Alderden issues all cops on the Fort Collins campus a deputy sheriff's
commission card. He also runs the county's jail, which campus police use
after making arrests...
http://www.gazette.com/opinion/state-94668-gun-ban.html
---
Oops, Wrong Neighborhood: Police say an attacker who had tied up two
women inside a rural western Indiana home was stopped when a neighbor
shot him in the leg. The Sullivan County Sheriff's Department says a man
broke into the home near the town of Shelburn Sunday morning, tying up a
woman and her mother and sexually assaulting the younger woman. Sgt.
William Snead says the older woman was able to send a text message to a
neighbor asking for help. The neighbor's boyfriend, Sonny Osborn, heard
the confrontation and went inside with a gun. Police say Osborn told the
attacker to leave before shooting him in the leg three times. The man
was treated at a hospital and was being held in the Sullivan County
Jail. (Had the women had access to a firearm of their own, perhaps the
sexual assault could have been prevented.)
http://www.wave3.com/Global/story.asp?S=12029499
---
Suit Can Proceed over Defective Body Armor: A Japanese manufacturer
continues to face allegations that it knowingly helped produce thousands
of defective bullet proof vests, after a federal judge refused to
dismiss a False Claims Act suit against the company by the Justice
Department. Toyobo Co., represented by a team from Weil, Gotshal &
Manges including partner Michael Lyle, produced ballistic Zylon fibers
used in the vests, which were sold to law enforcement agencies across
the United States by Jacksonville, Fla.-based Second Chance Body Armor.
It is accused of hiding research showing that light, heat and humidity
could cause the fibers to wear out faster than expected. At least one
police officer was shot and killed after two bullets passed through a
Second Chance vest, according to the Justice Department. Toyobo argued
that under it could not be held liable under the False Claims Act,
because it was not responsible for selling the vests, only creating the
material used in making them. However, Judge Richard Roberts of the U.S.
District Court for the District of Columbia found that in deciding to
downplay problems with Zylon, "Toyobo's actions may constitute the
underlying fraudulent conduct leading to Second Chance's submission of
false claims." ... (Those of you who know Rich Davis, founder of Second
Chance and the Second Chance bowling-pin shoots, should know that, by
the time of the Zylon fiasco, he had already lost the company in his
divorce. Also, Second Chance is still headquartered in Central Lakes MI;
I believe that would be Armor Holdings in Jacksonville.)
http://legaltimes.typepad.com/blt/2010/02/judge-upholds-suit-over-bullet-proof-vests.html
---
Tangentially Related: ...The Yale Cultural Cognition Project has been
probing the question of cultural polarization over scientific risk
issues for a number of years. The project's latest working paper,
"Cultural Cognition of Scientific Consensus," analyzes the question:
"Why do members of the public disagree - sharply and persistently -
about facts on which expert scientists largely agree?" As examples of
strong expert scientific consensus, researchers led by Yale University
law professor Daniel Kahan selected three recent National Academy of
Sciences (NAS) reports dealing with climate change, nuclear waste, and
gun possession... With regard to the risks of violence posed by
concealed carry gun laws, the cited NAS study finds no consensus among
experts. Interestingly, a plurality of both Individualists and
Egalitarians believe that most experts are divided on the issue, 40
percent and 41 percent respectively. Still, 47 percent of Individualists
think that most experts agree that concealed carry laws prevent
violence, while 48 percent of Egalitarians believe that the expert
consensus is that concealed carry laws promote violence...
http://reason.com/archives/2010/02/23/everyone-who-knows-what-they-a
Serious implications for the capital punishment struggle arise from the
hypocrisy of those who demand absolute perfection for convicted
murderers but expect, excuse and shrug off imperfections resulting in
preventable brutalization of the law-abiding... (This is a fairly
lengthy, two-part essay.)
http://tcsdaily.com/article.aspx?id=021910A
President Obama will nominate UC Berkeley law professor Goodwin Liu to
the U.S. 9th Circuit Court of Appeals on Wednesday, The Times has
learned. Liu carries credentials that some conservatives love to hate -
including a leadership position in a progressive legal group and a
record of opposing the confirmation of Supreme Court Justice Samuel A.
Alito Jr. But he has conservative admirers too. Liu has supported school
choice as a solution to problems in urban education, and has served as
faculty advisor to the California College Preparatory Academy, a public
charter school. He came to the White House's attention with the
recommendation of some conservatives... Liu, 39, also is chairman of the
board of the American Constitution Society, whose mission statement
opposes the "activist conservative legal movement." "Keeping Faith With
the Constitution," a 2009 book that he co-wrote, discusses the
shortcomings of "originalism," a conservative legal theory maintaining
that the Constitution should be interpreted based on its 18th century
framers' intent. Progressive judges tend to see the Constitution as a
living document, shifting with the times, and to validate rights that
they see as logical extensions of it...
http://www.latimes.com/news/nation-and-world/la-na-obama-judges24-2010feb24,0,3858660.story
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
The tactics and skills to use a firearm
in self-defense don't come naturally
with the right to keep and bear arms.
http://www.spw-duf.info
