A List Member Replies: Yep, Minnesota doesn't ban guns in bars.
Minnesota bans carry under a permit when your blood alcohol content
exceeds .04 (half the limit for driving). I've always felt this made
infinitely more sense - being drunk in charge of a gun on the street is
dangerous, being sober in charge of a gun in a bar is not. And being
able to have a "designated carrier" in the group has its uses too.
(As I recall, 0.04 is the threshold for presumption of intoxication for
commercial drivers. Most other states that ban carry under the
influence, such as Nevada and Utah, use the more common 0.08 threshold.)
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From JPFO: More than 10,000 words were spoken during this week's
historic oral argument over gun rights at the US Supreme Court. But one
potentially significant word was never uttered during the hour-long
session: tyranny. Long a focus of debates between gun control advocates
and gun rights supporters, the issue was not discussed by lawyers
attacking Chicago's ban on handguns or the lawyer for the city defending
local gun regulations. No member of the court mentioned it either.
(Monitor analysis of the Chicago case here.) But the idea is there, just
below the surface of what analysts expect to become the high court's
second gun rights landmark decision in as many years... Although it was
not discussed during oral argument in the Chicago case, Justice Antonin
Scalia addressed the issue briefly in his majority decision in the high
court's 2008 ruling striking down Washington, D.C.'s handgun ban. "If
.. the Second Amendment right is no more than the right to keep and use
weapons as a member of an organized militia [and] the organized militia
is the sole institutional beneficiary of the Second Amendment's
guarantee - it does not assure the existence of a 'citizens' militia' as
a safeguard against tyranny," Justice Scalia wrote. Scalia drew a
distinction between government-sanctioned militiamen and a broader
"people's militia," which he said was the concern of the founding
generation. These sentences have attracted significant interest and
speculation from both sides of the gun rights debate...
http://www.jpfo.org/articles-assd/gunrights-and-tyranny.htm
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Gun-Free Schools?: The U.S. Department of Education (ED) intends to
purchase twenty-seven (27) REMINGTON BRAND MODEL 870 POLICE 12/14P MOD
GRWC XS4 KXCS SF. RAMAC #24587 GAUGE: 12 BARREL: 14" - PARKERIZED CHOKE:
MODIFIED SIGHTS: GHOST RING REAR WILSON COMBAT; FRONT - XS CONTOUR BEAD
SIGHT STOCK: KNOXX REDUCE RECOIL ADJUSTABLE STOCK FORE-END: SPEEDFEED
SPORT-SOLID - 14" LOP are designated as the only shotguns authorized for
ED based on compatibility with ED existing shotgun inventory, certified
armor and combat training and protocol, maintenance, and parts.
The required date of delivery is March 22, 2010...
https://www.fbo.gov/index?s=opportunity&mode=form&id=cb68cf9f3fa2fe18a83d1c3dee0039b2&tab=core&_cview=0
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Thoughts on Church Carry: This past Sunday, Cindy Winters recounted the
horror of one year ago, when a deranged man entered a Maryville, IL
(just across the river from St. Louis) church, and fatally shot her
husband, Pastor Fred Winters... Could an armed congregant or church
official have stopped the killer sooner? We will never know, because
Illinois remains one of two states (Wisconsin is the other) with no
provision for legal carry of a concealed defensive firearm. Even in
many states that do not generally prohibit handgun carry, it is illegal
in churches, even with a permit. Missouri law does not prohibit church
carry, if the church has given permission (I am, by the way, for
purposes of this article, using the word "church" in the generic sense,
to refer to a house of worship of any faith)... Missouri law on this
issue could be further relaxed. If I am reading HB 1232 correctly,
passage of the bill would mean that even people without concealed carry
permits could openly carry a firearm in a church. Given my aversion to
the licensing of fundamental rights, such as the right to an effective
means of self-defense, I see this bill as a step in the right direction...
http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2010m3d9-One-year-after-murder-of-IL-pastor-more-can-be-done-to-defend-churches-against-killers
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Meanwhile, in Georgia...: SB 308 passed the Special Judiciary Committee
on Monday with only one dissenting vote. The other two Democrats on the
committee and all of the Republicans voted in favor of the bill. SB 308
has some major changes. In the new version that passed the committee,
churches are off limits unless one has the permission of "the presiding
official," and bars are off limits unless the owner specifically permits
firearms. In addition, the bill would give the Board of Regents power
to set policies banning firearms at colleges and universities. The new
version of the bill with the changes made by the committee is not yet
online. Once it is online, this article will be updated, and a link
will be posted here. SB 308 is only the second gun-related bill of the
two year session to pass a committee. It now goes to the Senate floor
for a vote, which is expected to take place before crossover day.
http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2010m3d9-SB-308-passes-Senate-Special-Judiciary-Committee
http://www.macon.com/2010/03/08/1051947/committee-approves-bill-expanding.html
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Parking-Lot-Storage Poll: The Birmingham Business Journal is offering a
chance to vote on whether employers should have the right to ban
employees from storing firearms in vehicles on company parking lots. A
parking-lot storage bill is currently before the Alabama legislature.
http://birmingham.bizjournals.com/birmingham/
Related (Negative) Commentary:
http://www.montgomeryadvertiser.com/article/20100309/OPINION02/3090303/1006/OPINION
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Expanding the Castle Doctrine in Colorado: The law has recognized that a
man's home is his castle and he has a right to defend it. Now,
businssmen and employees in Colorado may get the same legal protection
away from home. Colorado's legislature is considering House Bill
10-1094. The intent of this bill is to expand the protection a
homeowner has to use lethal force in defense of his home and family,
called "the castle doctrine", to businesses and dwellings other than
home such as hotel rooms... The "certain conditions" are the belief by
the employee or traveler that the other person is intent on committing a
crime against the person or property involving force. The legislation
even stipulates that lethal force can be justified if the " occupant or
the owner, manager, or employee reasonably believes that the other
person might use any physical force, no matter how slight, (emphasis
mine) against any occupant of the dwelling or place of business." This
removes the defense that "I was only going to push him.", which is good
because who could weigh the true intent of an assailant as they are
coming toward you with outstretched arms? ...
http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2010m3d9-Expanding-the-Castle-Doctrine-in-Colorado
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Illinois RKBA Bills Advance, for Now: For the second time in a week, a
House panel dominated by downstate lawmakers signaled its approval of a
law allowing Illinoisans to carry concealed weapons. The House
Agriculture Committee voted 11-2 to endorse the proposed law, which is
sponsored by state Rep. Brandon Phelps, D-Harrisburg. Chicago-area
lawmakers are likely to push back if the measure comes up for debate in
the full House. The committee has approved similar measures at least
five times in previous years, but the concept has not advanced in the
full House. Action on the legislation came a day before gun rights
advocates are scheduled to descend on the Capitol for their annual lobby
day. Illinois and Wisconsin are the only states that bar nearly all
residents from carrying concealed weapons. While the committee heard
testimony on a similar concealed carry measure last week, the focus of
the conversation was different Tuesday because of provisions in Phelps'
proposal that are absent in the other measure, which is being pushed by
John Bradley, D-Marion. One of the proposals upset retailers and
manufactures. It states that if a business prohibits people from
carrying guns on their establishment, they are liable for injuries in
armed robberies to gun owners who were disarmed...
http://www.pantagraph.com/news/state-and-regional/illinois/article_3223006c-2bcd-11df-a71d-001cc4c03286.html
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Why Did Wisconsin Restaurateur Bans Firearms: Like some of the saloons
in the Old West, customers at the George Webb Restaurant near the
intersection of Highways 164 and VV are being told not to bring guns
with them. Dan Mueller, who grew up in the village and now lives in
Hartford, is the local George Webb franchisee who also owns George Webb
restaurants in Hartford and West Bend. He said it is his policy not to
allow guns to be carried into the restaurants. He said he posted a sign
on the door of the Sussex restaurant because of an incident last month
involving an individual who carried a side arm into the China Wok on
east Main Street. Mueller said he was also alerted to the possibility
that some individuals might carry side arms into local restaurants
unless there is a sign posted on the door forbidding it... The Wisconsin
Attorney General's office issued a legal memorandum last summer
confirming that state law permits residents of the state, with some
exceptions, to carry unconcealed fire arms. After the memorandum was
issued, deputies with the Waukesha County Sheriff's office, which
provides contractual police services to both the village and Town of
Lisbon, explained to municipal officials the policies that would
determine how sheriff's deputies would react to individuals openly
carrying guns. Individuals would be asked to remove the weapons or would
be subject to arrest if carrying guns in establishments that had a
posted a policy prohibiting guns, according to the policy. On Feb. 15,
two state troopers asked Town of Lisbon resident Joseph Schneider to
return a gun to the trunk of his car after he wore into the China Wok.
There was no sign posted at the door of the establishment and it was
unclear whether the business had a policy against guns in the
restaurant. Gun rights advocates with Wisconsin Carry Inc. protested the
troopers' actions, arguing they no right to question Schneider and ask
him not to carry the gun in the restaurant. A spokesperson for the state
police, said the troopers questioned Schneider because they were
concerned he might be impersonating a police office because of law
enforcement style equipment found in his car. (In the China Wok
incident, the trooper can be heard on video pressuring the owner or an
employee to state that the restaurant does not allow firearms. How could
Schneider have been impersonating an officer inside the restaurant with
"law enforcement style equipment" in his parked truck? And who was it
who alerted Mueller "to the possibility that some individuals might
carry side arms into local restaurants unless there is a sign posted on
the door forbidding it"?)
http://www.livinglakecountry.com/sussexsun/news/87121542.html
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More on Utah Open-Carry Incident: A Utah Valley University student says
a confrontation with campus police may have intruded on his Second
Amendment rights. Nick Moyes says he was confronted by campus police
last week after someone reported seeing a man with a gun at the school.
Moyes, who holds a concealed weapons permit, had his gun in a holster on
his right hip. Moyes says it's his right to carry the weapon but police
say Moyes can't possess the weapon on campus openly without permission.
Moyes says an e-mail he received from UVU's police chief indicates that
officers could confiscate his gun and cite him if he violates the policy
in the future. Lt. Douglas Anderson of the Utah Bureau of Criminal
Identification says openly carrying a gun on campus is not expressly
allowed or disallowed. (UVU appears to be a state university, hence it
cannot ban the otherwise lawful carry of firearms. The issue here seems
to center on whether it can dictate that the firearm must be concealed.
Under Utah law, a permit holder can openly carry a fully loaded firearm.
Those who lack permits can carry openly but cannot have a round
chambered in an autoloader or a round in the next chamber that will
rotate into the firing position in a revolver.)
http://www.localnews8.com/Global/story.asp?S=12111868
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Oregon Man "Evaluated" after Firearm Purchases: Concerns about an Oregon
Department of Transportation employee who purchased several guns after
being placed on leave prompted law enforcement across Southern Oregon to
step in. Negotiators and a SWAT team from Medford police safely took a
man - whose name wasn't released - into protective custody Monday
morning in the 500 block of Effie Street, Medford police said in a news
release. He was taken to Rogue Valley Medical Center for a mental-health
evaluation. The man recently had been placed on administrative leave
from his job and was "very disgruntled," the news release said. ODOT
Communications Director Patrick Cooney said there were administrative,
personnel matters involved that limited what the department could
discuss. However, the state agency had reported concerns about the man
to law enforcement agencies, who started monitoring him, officials
said... In two days, the man bought a Heckler & Koch .45-caliber
universal self-loading handgun, a Walther .380-caliber handgun and an
AK-47 assault rifle, Medford police Lt. Bob Hansen said. All of those
firearms were purchased legally, with required record checks by the
Oregon State Police... Police seized the recently purchased firearms, as
well as another .45-caliber Heckler & Koch handgun and a 12-gauge
shotgun. Police are holding the weapons for safekeeping, but no criminal
charges have been filed.
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20100309/NEWS/3090315
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Oops, Wrong House, Missouri Version: A man from Ozark County is in the
hospital after he broke into someone's home. Sheriff's Deputies say
during an argument in Isabella, homeowner Brandon Evans warned the
intruder to leave several times. The man refused and got violent, so
Evans shot him in the chest. Authorities say the burglar was flown to a
Springfield hospital.
http://www.ktts.com/tabid/4882/xmid/42150/Default.aspx
http://www.examiner.com/x-18149-SelfDefense-Examiner~y2010m3d9-Homeowner-shoots-violent-home-invader-in-self-defense?cid=channel-rss-News
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Oops, Wrong House, New York Version: A man was shot and killed inside a
home in West Babylon, Long Island Monday night. It happened around 7:30
in the evening. When officers arrived, they found a man shot to death in
the kitchen of the home on 6th Street. He was taken to Good Samaritan
Hospital where he was pronounced dead. Apparently a woman and her
boyfriend were inside the home when the woman's ex-husband came inside
the home. The couple said they assumed a burglar was breaking in and the
boyfriend allegedly shot the man. "It's an ongoing investigation. The
deceased did not live at the house. The matter is under investigation at
this time as to the circumstances of the shooting," said Detective
Lieutenant Gerard Pelkofsky, Suffolk Police Homicide Squad. The man was
shot in the upper body according to investigators.
http://abclocal.go.com/wabc/story?section=news/local&id=7319722
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More on the Big Airsoft Bust: "Why is ATF seizing 'toy guns'?" I asked
in my Feb. 28 Gun Rights Examiner column. We were discussing the
bureau's seizure of a shipment of 30 Airsoft-type guns - the kind that
shoot plastic pellets - and an agent's claim that "with minimal work it
could be converted to a machine gun." ...The thing that's immediately
noticeable is ATF has gone into full weasel-word mode. These people,
amidst great media fanfare, have seized thousands of dollars worth of
private property from a family-owned business under the guise of law
enforcement. And now they're avoiding direct questions. Why? The
anonymous spokesperson refused to answer the "point blank" question
"Does the ATF believe these toys can be converted into deadly
weapons...?" Why? What does deferring to the legal definition of a
"machinegun" have to do with this unless ATF's position is that these
are machine guns? What are we to make of ATF's assertion that "this is
more of a public awareness issue and that the real danger is how
realistic these toys look"? Since when is raising public awareness cause
for seizing property? What does that have to do with the legal
definition of a machine gun? ... (It's refreshing to see some objective
reporting - the embedded video clip is worth watching. In fairness, this
began as a Customs matter, allegedly because the seized guns lacked the
mandatory orange tips.)
http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m3d9-Why-is-ATF-ducking-questions-about-toy-gun-seizure
--
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
