Heller 2 Heads to Court of Appeals: A federal appeals court in
Washington will have the chance to examine the latest version of the
District of Columbia's gun restrictions, in a possible test of how to
apply the U.S. Supreme Court's 2008 decision in D.C. v. Heller. Lawyers
for Dick Heller, a name party in the earlier case, filed a notice
Thursday that they will continue fighting in this follow-up case. They
are appealing to the U.S. Court of Appeals for the D.C. Circuit to
reverse a March 26 decision by U.S. District Judge Ricardo Urbina. That
ruling upheld new restrictions the D.C. Council passed in the wake of
the 2008 decision. For example, all handguns must be submitted to D.C.
police for a ballistics identification process. Stephen Halbrook, a
lawyer for Heller, said a week ago that an appeal of Urbina's decision
was likely because, he said, the judge was overly deferential toward the
city. Lawyers for the District say the council worked to strike a
balance between Second Amendment rights and public safety concerns...
http://legaltimes.typepad.com/blt/2010/04/next-challenge-to-gun-laws-headed-to-dc-circuit.html
---
The ATK Brass Issue Continues:
Montana U.S. Senators Baucus and Tester have sent a strongly-worded
letter to the Department of Defense insisting on answers soon to
pointed questions about military brass destruction. Thanks to
Baucus and Tester for this effort. You may read the Baucus/Tester
letter at:
http://www.progunleaders.org/ammo/Update2.html
It seems that there may be two separate problems related to
destruction of military brass:
1) The sweetheart side deals defense contractor ATK has been
promoting with military installations to destroy brass, and
2) That many military installation commanders may not be in
compliance with a congressional prohibition that no
Congress-appropriated funds may be used to destroy brass. This may
be because DoD simply didn't make the effort to inform installation
commanders that Congress had prohibited destruction of brass.
Here's the language that was included in the 2009 Department of
Defense appropriation by Congress:
"None of the funds available to the Department of Defense may be
used to demilitarize or dispose of M-1 Carbines, M-1 Garand rifles,
M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from
commercial sale under Federal law, unless the small arms ammunition
or ammunition components are certified by the Secretary of the Army
or designee as unserviceable or unsafe for further use."
It will be very interesting to see what answers Baucus and Tester
get from DoD by the deadline set in their letter.
ALSO, members of Congress from other states need to be pestered to
join Baucus and Tester in this effort, or make similar efforts
separately.
Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com
---
Empty-Holster Week: College students across America will once again
strap on empty holsters in an act of silent protest against laws and
policies banning licensed concealed carry on campus. The protest,
sponsored by Students for Concealed Carry on Campus (SCCC), will take
place April 5-9, 2010 and comes on the heels of college administrators
discriminating against concealed carry permit holders, and censoring
students who disagree. According to the group, colleges have repeatedly
ignored or attempted to keep students from discussing the issue. In
Pennsylvania, one college banned SCCC member Christine Brashier from
handing out fliers about the group, stating, "You may want to discuss
this topic but the college does not, and you cannot make us." Another
college in Texas tried to block students from wearing the symbolic empty
holsters on campus until a federal judge ruled that their ban violated
the First Amendment. And a recent decision at Colorado State University
overturned a long-standing policy that allowed concealed carry, despite
the fact that crime on campus decreased rapidly since allowing concealed
carry on campus, and no problems were reported among permit holders. The
ban was opposed by students, Student Government, and local law
enforcement...
http://www.opposingviews.com/i/students-resist-colleges-strap-on-empty-holsters
---
Those Who Fail to Understand the Past...: ... "The State of New York
about a year ago [1911] enacted a very drastic firearms law, known as
the Sullivan law. This law was intended to stop crime, and statistics
show that there has been more crime in that state than ever. Crime
conditions even got so bad that enterprising concerns in New York are
issuing insurance policies against loss by holdups. The presidents of
seven burglar insurance companies have petitioned the state legislature
to repeal the Sullivan Law." ...
http://www.ammoland.com/2010/04/02/firearms-industry-and-the-second-amendment/
If you live in Los Angeles then it probably never even occurred to you
that the people of California generally have the right to openly carry
an unloaded handgun in a belt holster in public. One of the reasons you
don't see people exercising this lawful right in Los Angeles goes back
to 1926. The Chief of the Los Angeles Police Department formed a death
squad and instructed his police officers to go out and murder anyone
they say carrying a gun or selling alcohol...
http://www.examiner.com/x-30407-LA-AntiEstablishment-Examiner~y2010m4d2-Democrat-seeks-to-ban-open-carry-of-guns-in-California?cid=exrss-LA-AntiEstablishment-Examiner
---
Oregon TEA Party Bans Firearms: This memo is not to tell you how to
behave but to bring out some points of interest that may generate
conflict and gain us some bad publicity. We want everyone to have a good
time as well as get our points across.
Hopefully we will have the media there and we do not want our faces
splashed across the front page associating us as a bunch of misfits that
are not satisfied with the our current situation. The message is to our
Legislators, that we have had enough, is what we are trying to get
across and they need to listen and pay attention, if they wish to be
re-elected... So, Please, no alcohol, no fires, no firearms. We ask that
you leave no mess behind, take everything you brought with you when you
leave, including the kids. We are not cleaning up after it's over and we
do not need to bring home a bunch of kids... (Pretty disappointing - not
only is the entire tone of this code of conduct condescending, whoever
wrote it apparently never even thought to distinguish between licensed
CCW and open carry. Take a look at how much respect this has garnered
from the left:
http://www.blueoregon.com/2010/04/teabaggers-dont-bring-guns-and-fire-to-a-public-event-please.html?cid=6a00d8341c2c3f53ef01347f9986f1970c.)
http://oregontaxdayrally.ning.com/events/tax-day-rally-capital-steps
---
West Virginia Governor Vetoes NRA-Backed Bills: Although he has been
heartily backed by the National Rifle Association since his first wade
into political combat, Gov. Joe Manchin vetoed two of the group's bills
Friday - one of them a proposed sales tax holiday on the purchase of
firearms and ammunition. Manchin also crushed an NRA measure known as
the "Michael Bloomberg" bill, tailored to punish out-of-state undercover
agents who entice West Virginia gun owners to illegally sell firearms.
Except in this matter, the veto was purely for technical reasons... The
NRA bill seeking to punish anyone enticing illegal gun buys in West
Virginia to expose them to potential business-killing lawsuits was
killed by Manchin with reluctance. "I am in full support of this
legislation," Manchin said of SB515. However, I must veto the bill for
technical reasons. There is a faulty cross-reference in the bill that
would purportedly penalize violations of an unrelated code section." ...
http://www.register-herald.com/todaysfrontpage/x552029978/Manchin-guns-down-NRA-backed-bills
.. Governor Manchin, who aspires to be a U.S. Senator (and likely will
appoint himself to the Senate when Senator Byrd dies) has exposed
himself for what he really is. When he eventually faces the voters of
this state after appointing himself to the U.S. Senate, we need to not
be fooled again and instead make sure that West Virginia does not elect
a senator who will vote more often with Chuck Schumer, Dianne Feinstein,
Frank Lautenberg, and their fellow travelers, than with the people he
represents.
http://archive.constantcontact.com/fs061/1102955222215/archive/1103263699454.html
---
Non Sequitur in Iowa: A Marengo man facing a first-degree murder charge
exemplifies why Iowa should not strip sheriffs of their discretion to
issue permits to carry weapons, Iowa County Sheriff Robert Rotter said.
Tonch Weldon, 37, who is accused of killing Amy Gephart, 35, with a
shotgun in June, is one of five Iowa County residents whose requests for
weapons permits were denied last year, Rotter said. Rotter said his
decision did not stop a murder [emphasis added], but it stopped the
issuance of a weapons permit to a person he judged capable of violence,
even though Weldon had no disqualifying criminal or mental instability
record. Under legislation passed Monday, his insights as the local
sheriff would no longer be relevant, he said. The bill - approved 81-16
in the House and 38-4 in the Senate - effectively converts Iowa from a
state in which sheriffs "may issue" the permits to a state in which they
"shall issue" them. The bill awaits action by Gov. Chet Culver... (He
admits that denial of the permit failed to stop the more serious offense
of murder so what's the point? Is Gephart less dead because Weldon
lacked a carry permit?)
http://www.desmoinesregister.com/article/20100401/NEWS01/4010357/-1/archive/Proposed-change-in-gun-law-draws-ire-of-county-sheriffs
---
Sad If True: During his sentencing in Prince George's County [MD[
Circuit Court on Friday, David A. Eichelberger, the former police chief
of the town of Morningside, told the judge that he illegally sold a
police weapon last year so he could afford diapers for his children...
Eichelberger's attorney, William C. Brennan, said during the sentencing
hearing that probation would be appropriate. Brennan told Rattal that
his client joined the Morningside police force with the promise of a
salary of $56,000 a year and the opportunity to supplement that by
moonlighting (many officers work second jobs as security guards). But
shortly after he joined the department, Morningside fired its police
chief, and Eichelberger was appointed to the job, at a salary of $38,000
a year, Brennan said. As chief, Eichelberger was prohibited from working
a second job, Brennan said. Eichelberger sold the handgun and a shotgun
to the operator of an auto shop last July, for a total of $600.
Authorities determined the sale of the shotgun to be legal. Eichelberger
was an officer, not the chief, at the time. He was fired Oct. 2 after
news reports surfaced that he was under investigation for selling the
firearms...
http://www.washingtonpost.com/wp-dyn/content/article/2010/04/02/AR2010040203208.html?hpid=sec-metro
---
Oops, Wrong House: ...According to Tulsa County [OK] sheriff's deputies,
a couple was entering the home through the back door when they heard a
noise in the master bedroom. Deputies say the homeowner went to the
bedroom and confronted the intruder. "He walked in until he got close to
the master bedroom, at that time he saw a burglar in the house, the
burglar was carrying a sword that belonged to a homeowner, approached
the homeowner, the homeowner told him to stop, pulled out his gun, guy
didn't stop, and shot him," said TCSO Captain John Bowman. Bowman says
the intruder then reached for a gun in his pocket, so the homeowner
fired two more shots, striking the man in the chest, killing him.
Detectives from the sheriff's office found Tiffey dead in a hallway of
the home, and besides the sword by his side, say he did have other
weapons with him. "He had a .38 caliber handgun in his pocket, he had
the homeowners 9mm handgun, a stun gun and a knife," said Sgt. Shannon
Clark, Tulsa County Sheriff's Office... (See Rule Five Reminders, below.
All's well that ends well but, generally, if you return home to signs of
a burglary, if you don't have to rescue anyone inside the home, it's
wisest to dial 911 and let the police confront the intruder.)
http://www.newson6.com/Global/story.asp?S=12246529
---
Rule Five Reminder: A SWAT team member of the Sanford [FL] Police
Department is in hot water after his police issued weapon was stolen
from his car. This happened in Volusia County where the officer lives
over the weekend. As of Tuesday night that high powered gun is no where
to be found. Volusia County Deputies report 8 cars were broken into in a
north east Deltona neighborhood. One of those cars just happened to
belong to the Sanford Officer. The cars hit were parked in the street
and in driveways. Volusia County couldn't say where the officer's car
was parked but say it is an unmarked vehicle so it doesn't appear the
officer was targeted. Sanford Police are not saying what type of gun was
stolen all they will say is it is police issued... (Rule Five: Maintain
control of you firearm.)
http://www.myfoxorlando.com/dpp/news/seminole_news/033010swat-officers-gun-stolen-from-car
Cleveland Browns nose tackle Shaun Rogers has pleaded not guilty to a
concealed weapons charge after authorities say he tried to carry a
loaded handgun through airport security in a carry-on bag... The
31-year-old apologized to his fans and his team Friday after spending a
night in jail, saying he didn't mean to take the gun into Cleveland
Hopkins International Airport. Rogers told police he forgot the gun was
in his bag when he attempted to fly to Texas on Thursday...
http://www.azdailysun.com/sports/article_5a9d72ae-794a-5051-a0a3-d69ce5486547.html
---
Reminder on All Rules: Two people were injured when a gun went off
inside their vehicle near the Utah-Idaho border... When they were near
the town of Portage, the highway patrol says Glines had the pistol. He
took the magazine out and showed it to the other passengers. They looked
at it and gave it back to him. Cpl. John McMahon, with the Utah Highway
Patrol, explained, "He replaced the magazine in the gun and slid the
slide forward, which chambered around [sic] into the barrel of the gun.
The driver then asked him a question about the safety issues of the
glock; one of which is if you move the slide of the gun backwards it
disengages the trigger and the gun doesn't fire. The passenger,
unfortunately, wanted to show this safety issue and didn't disengage the
slide far enough." The highway patrol says Glines then pulled the
trigger and the gun went off. The bullet went through his hand and hit
the driver in the forearm. Part of the bullet lodged in the driver's
forearm, but also exited and hit the driver side door and shattered the
window. Baugh was able to safely pull the car over safely and called
911. The highway patrol says Glines legally owned the gun and had a
concealed weapon permit, but they say he did not follow the number one
rule, which investigators say is to always treat the gun as if it's
loaded. The highway patrol is still investigating this case, and they
say charges could possibly be filed. (The Rules:
http://www.spw-duf.info/safety.html. It's students like these who make
it difficult to get legislators to approve campus carry.)
http://m.ksl.com/story.php?nid=148&sid=10248669
---
Worth Noting: Dean Speir, "formerly famous gunwriter," has apparently
had his fill of moderating forums for The Gun Zone
(
http://www.thegunzone.com/), his outstanding website. Instead, he has
added a blog, where he and his co-administrator post what they view as
the more crucial correspondence they receive.
http://www.thegunzone.com/wwwroot/TGZBlog/
---
Tangentially Related: After months of budget problems and criticism from
the right, the community organizing group Acorn plans to release a
letter next week clarifying its path forward and stating that its local
chapters may be closed, but the national organization is alive and well.
"You will continue to hear from Acorn - in the mail, on the Web, and in
the media," says the letter, a draft of which was provided to The New
York Times. "And we need your continued support to counter the vicious
antifamily, antiminority, anti-immigrant attacks of the Republican
right." The letter, which says the organization will continue working
for health care reform, immigration reform and affordable housing, comes
after Acorn announced last month its plans to close all of its local
chapters and field operations by April 1... (No mention is made of
whether Big Brother's regime will be furnishing brown shirts as ACORN
uniforms, prior to the 2010 election.)
http://www.nytimes.com/2010/04/03/us/politics/03acorn.html?ref=us
---
From AzCDL:
This has been an exciting week! Two ground-breaking bills were sent to
the Governor and an historic bill is waiting for one final vote in the
Legislature. None of this would have been possible without YOUR
involvement.
HB 2543, the Firearms Preemption bill, was sent to the Governor on March
31st. HB 2543 strengthens state firearms preemption laws, adds
firearms storage and accessories to the list of things political
subdivisions cannot regulate, and removes the prohibition on carrying a
firearm in public parks without a concealed weapons (CCW) permit. A
letter to the Governor, urging her to sign HB 2543, has been prepared
and is waiting for you at AzCDL's Action Center:
http://capwiz.com/azcdl/issues/alert/?alertid=14886141 .
HB 2307, the Firearms Freedom Act, was sent to the Governor on March
30th. A letter to the Governor, urging her to sign HB 2307, has been
prepared and is waiting for you at AzCDL's Action Center:
http://capwiz.com/azcdl/issues/alert/?alertid=14886176 .
The Governor has 5 days (not counting Sunday) to make a determination on
the fate of any bill sent to her desk. She can sign it, let it pass
without her signature, or veto it. The deadline for HB 2543 is April
6th. The deadline for HB 2307 is April 5th. While we do not anticipate
a veto on these bills, we recommend that you take the time to go to
AzCDL's Action Center and send your letters to the Governor.
We are still waiting for a final House vote on SB 1108, the Senate
version of the AzCDL-requested Constitutional Carry legislation. We
expected a vote earlier this week, but it was postponed while the House
dealt with other matters. We are now expecting a vote early next week.
We are optimistic of the outcome, but it's dependent upon your
Representatives hearing from YOU. We thank the over 700 who have
already contacted their Representatives. However, that number should be
in the thousands for this legislation. If you have not sent your
letter, it is waiting for you at AzCDL's Action Center:
http://capwiz.com/azcdl/issues/alert/?alertid=14824091 .
Continue to spread the word and urge every gun owner you know to contact
their Representatives and ask them to support SB 1108.
Stay tuned! When critical legislation moves, we will notify you via
these Alerts.
If you want to get legislative news as it happens, follow AzCDL on
Twitter:
http://twitter.com/AzCDL_Alerts .
AzCDL "tweets" from the Capitol with committee votes and breaking news
as it happens.
You can also follow AzCDL on Facebook:
http://tinyurl.com/FacebookAzCDL .
AzCDL's Political Action Committee (PAC) is also on Facebook:
http://tinyurl.com/FacebookAzCDLPAC .
These alerts are a project of the Arizona Citizens Defense League
(AzCDL), an all volunteer, non-profit, non-partisan grassroots
organization. Renew today!
http://www.azcdl.org/html/join_us_.html .
AzCDL - Protecting Your Freedom
http://www.azcdl.org/html/accomplishments.html .
Copyright � 2 010 Arizona Citizens Defense League, Inc., all rights
reserved.
In addition to a number of guns shows, AzCDL volunteers will be working
Tax Day (April 15th) events wherever we been invited and have the
volunteers and equipment to do so. If you interested in volunteering,
please contact John or Tom to get on the schedule. Volunteers who
contact us first get first choice on scheduling.
Phoenix area - contact
[email protected] .
Tucson and Southern Arizona - contact
[email protected] .
April 10 & 11 are the Founders' Days in Tombstone:
http://www.tombstone.org/Eventsnew/eventsindex.htm .
Please contact
[email protected] to volunteer.
April 15th is the date of a number of Tea Parties. So far, it looks
like AzCDL will be at:
Diablo Stadium in Tempe
http://www.americansforprosperity.org/031910-april-15-tax-day-tea-party-tempe-diablo-stadium
