Threat of force in self-defense now a crime in Kansas

Apparently, that's the view of the Kansas Supreme Court. From Volokh:

That’s what the Kansas Supreme Court just held, interpreting Kansas Stats. § 21–3211. The statute reads,

(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

And the court concluded that while this allows self-defense that involves an actual attack on the attacker — for instance, hitting, shooting, or stabbing the attacker — it does not allow self-defense that merely involves a threat of violence against the attacker.

I think the dissent is right to say that “force” can reasonably be read as including “constructive force” such as threats, especially in light of the substantial American legal tradition of reading force this broadly (and despite the fact that other Kansas statutes generally do say “force or threat” or some such). And this is especially so because, as the dissent points out, the result is absurd: Restraint in the use of defensive violence is rewarded by criminal punishment. I believe courts should generally read statutes as written, but the should also read their terms against the backdrop of the legal rules that help define these terms, and principles such as the rule of lenity, and the presumption against readings that produce absurd results. ...

You can read this short, boneheaded decision here. The bottom line: in Kansas, you can use actual physical force to defend yourself (and be entitled to a jury instruction on self-defense), but not the threat of physical force (which, in the case of guns, has the statistically greatest deterrent effect). So the net effect of this decision is to discourage deterrence, and encourage actual physical violence. Dumb. Indeed, the dissenting opinion points out the absurdity of the majority's position.

As Professor Volokh suggests, the Kansas legislature needs to fix the statute to specifically allow the threatened use of force in a self-defense situation.

Indeed, I believe other states such as (I think) Montana and Arizona have recently changed their laws to specifically and explicitly allow so-called "defensive displays" of force in self defense.

Kansas couple push gun-totin' safety

From the Sunflower State:

Slightly built with gray hair and kind eyes, Kay Curtis makes candy and stained glass, and has a genteel politeness rarely seen outside old movies.

The Lenexa grandmother makes her living with guns and self-defense training.

She wants women to have power.

So does her husband, Bob, a soft-spoken soul who has spent much of his life as a Presbyterian minister. Today Bob and Kay, a former lawyer, are a pistol-packing pair with a federal firearms license who make and sell their own ammo, train people how to drop a bad guy at 30 feet, and teach women how to fight. ...

Article here.

Kansas to recognize non-resident permits from seven states

From NRA-ILA, for those with non-resident permits:

Kansas Attorney General Steve Six (D) today announced that the State of Kansas will now recognize non-resident Right-to-Carry permits issued by any of the 22 states already recognized.

"NRA has maintained for years that language in the Kansas statute indicates that non-resident Right-to-Carry permits should be recognized," said NRA-ILA Executive Director Chris W. Cox. "This decision is a victory for gun owners as it Right-to-Carry laws and provides permit holders additional freedoms in Kansas to protect themselves and their families."

At NRA's urging, Six re-evaluated the language and determined that the statute indeed supports non-resident permit recognition. The training, safety and proficiency standards and process required by applicable states are equal to or greater than the standards imposed by Kansas, therefore, it is possible to extend recognition. States affected by this allowance include: Arizona, Florida, Minnesota, Nevada, New Jersey, South Carolina and Texas. [emphasis added] ...

Article here. As always, travelers would be wise to verify the recognition / reciprocity status of their permit(s) on the official Kansas government website prior to traveling to Kansas.

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[D.C.] Gunowners of America warns that proposed government healthcare plan may feed gun-related data into central database:

... Currently, gun owners can avoid getting caught in this database by refusing to purchase health insurance or by purchasing insurance with a carrier that has not signed an agreement with the government to place your records in a national database.

But that's all about to change. A budget resolution -- to be voted on this Friday in the Senate -- will be the first domino in a process that could FORCE you to buy government-approved insurance, thus making it impossible to avoid the medical database.

Put another way: If you do not have health insurance -- or, potentially, if you do not have the TYPE of health insurance the government wants you to have -- the government will force you to purchase what it regards as "acceptable" health insurance. And, in most cases, you will have to pay for it out of your own pocket.

What would all this cost? Based on comparable insurance currently on the market, it could cost $10,000 a year -- or more.

If you were jobless, the socialists would probably spot you the ten grand. But if you are middle class and can't pay $10,000 because of your mortgage payments, your small business, or your kids' college education, you would be fined (over $1,000 a year currently in Massachusetts). And, if you couldn't pay the confiscatory fine, you could ultimately be imprisoned.

Scary, you say. But why is this a Second Amendment issue? Under the Massachusetts plan, your MANDATED insurance carrier has to feed your medical data into a centralized database -- freely accessible by the government under federal privacy laws.

So... remember when your pediatrician asked your kid if you have a firearm in the home? Or when your dad was given a prescription for Zoloft because of his Alzheimer's? Or when your wife mentioned to her gynecologist that she had regularly smoked marijuana ten years ago?

All of this would be in a centralized database. And all of it could potentially be used to vastly expand the "prohibited persons" list maintained by the FBI in West Virginia. ...

[Ohio] Gun, ammo getting scarce:

... Bullets are running low throughout central Ohio as a nationwide ammunition shortage hits the area.

The shortage is the result of a confluence of events, industry observers say: a run on guns by consumers since the election of President Barack Obama, more ammunition being sent to fight the wars in Iraq and Afghanistan, and the increased cost of raw materials needed to make bullets.

Shelves are almost bare at some gun ranges and Walmart and Dick's Sporting Goods locations. The demand is such that some retailers have begun to limit ammo sales.

"In the first three months of the year, we've already sold what we typically sell in an entire year," said Rex Gore, owner of Black Wing Shooting Center in Delaware. Sales now are limited to a few boxes at a time, depending on the caliber, he said. [emphasis added]

"We've never seen anything like this before," Gore said. "We've had spikes in demand before with other administration changes, after 9/11 and when people were preparing for Y2K, but nothing like this.

"It's taken us by surprise." ...

[Kansas] KSU student advocates for campus carry:

Recently, there have been several mass shootings — all in gun-free zones. Obviously, some murderers do not care about the law and seem attracted to areas where citizens are stripped of the right to defend themselves, like colleges.
...
In 2006, the Kansas Legislature passed the Personal and Family Protection Act, which allows law-abiding citizens who are not felons and have no history of drug abuse or violent domestic crime to obtain a concealed carry permit.

However, psychopaths usually don’t bother to apply for the card or the training course. Nor do they endure the background check. They get their guns on the street corner quite easily.

“Ban guns,” you say? That’s exactly what the violent criminals want. Banning guns turns good people into prey.

A March 13 article in the Kansas City Star informed us about the rapist who has terrorized Manhattan and Lawrence and raped 13 women. He hides in closets waiting until his victims are alone. Now, I suppose we could ban closets. Will the police stop him?

Many people who are against concealed carry are pro-pepper spray. But would they bring pepper spray to a gunfight? I’m not good with foul language, but maybe that would be a defense.

Another opposition to campus concealed carry is that “the answer to gunfire is not more gunfire.” Well, I believe that the answer to gunfire is most certainly more gunfire. That’s why when the police get a call of “shots fired,” they always bring plenty of guns. ...

[Kansas] Group wants (lawful) campus carry:

The Student Involvement and Leadership Center officially recognized the KU chapter of Students for Concealed Carry on Campus, or SCCC, as a student organization March 4.

The tragic campus shooting at Virginia Tech on April 16, 2007, initiated a national discussion about campus safety and sparked debate on the best ways to protect students.

In order to protect themselves and others in the case of a campus shooting, students at the University of Kansas began advocating several months ago for the right to carry licensed concealed weapons on campus.

“The whole point of the group is that there are a number of individuals who can carry anywhere else but on college campuses,” Derek Miller, SCCC president, said.

Miller, Kansas City, Kan., senior, participated in a training exercise with the KU Public Safety Office in 2007 as part of a military group who acted out a campus shooter scenario.

Miller called the response time and effectiveness of the KU Public Safety Office “atrocious.” Miller said the training exercise inspired him to get more involved in advocating for Second Amendment rights on campus.

“I was scared,” Miller said. ...

[Pennsylvania] Court upholds city gun law:

A new ordinance against firing guns in Lancaster City has passed its first test in court, and Mayor Rick Gray is calling it a victory for residents.

It was Gray who initiated the anti-discharge city ordinance in 2007, making it illegal to discharge a firearm in the city.

But it's Curtis Swinton who was the first person to be cited for violating the rule — shooting his gun in the air allegedly to frighten off men who were beating his cousin — and the first person to challenge the new law in Lancaster County Court.

On Monday, Judge Joseph Madenspacher handed down a ruling on the matter, upholding both the ordinance and prosecution under the state's criminal law.

The law provides enough exceptions for a person to use if he needs to defend himself in court for firing a gun, Madenspacher wrote.
...
Swinton, who has a permit to legally carry a concealed weapon, told police his cousin was being attacked and beaten by a group of assailants and that he fired a warning shot to disperse them. No one was injured. [emphasis added]

Police charged Swinton with recklessly endangering another person and the illegal discharge of a firearm in the city.

Swinton initially pleaded guilty to a reduced charge of disorderly conduct in August 2008, but he withdrew the plea in November. His case is still pending.

Under the ordinance, discharging a firearm in the city carries a 90-day jail sentence and $500 fine for each shot.

State law gives a person the right to fire a gun if he or she believes another person is in imminent threat of serious harm, Crystle said at an appeal hearing in February.

The city ordinance, in contrast, says shooting is justified only in defense of one's home, business or "human life." The city can't deny a right to Swinton that he has under state law, Crystle argued.

Neil Albert, who argued the case for the city, said Swinton's reason for shooting is a question to be settled at trial, not a rationale for dismissing the charge. ...

Comment: As a general matter, warming shots are a bad idea, particularly in urban or suburban areas. You are responsible, morally and legally, for every single round that you fire. Generally, the only time deadly force is justified is when innocent life is unlawfully threatened with grave, immediate, and otherwise unavoidable danger of death or serious bodily injury.


[West Virginia] Conflicting privacy bills under consideration:

CHARLESTON — Conflicting bills on how West Virginia regards the privacy of a concealed weapon permit eased through both chambers of the Legislature in Wednesday’s sessions.

A Senate version contains a provision that denies the public access to the identities of anyone issued a permit to carry a concealed firearm.

This is the one pushed by the National Rifle Association.

But a House version, the one approved by the West Virginia Press Association, would allow the media to publish the names of anyone given a permit.

Before the Senate vote, Judiciary Chairman Jeffrey Kessler, D-Marshall, said he had two concerns about letting the general public see who has the permits.

One is that a thief would have immediate knowledge of homes where firearms are kept, and the other is that a woman fleeing a domestic violence scenario could be located by an estranged husband or boyfriend by getting access to the gun permit.

The press association considers it bad public policy to maintain a veil of secrecy around any government document. [emphasis added]

Before the unanimous passage of the House version, Judiciary Chair Carrie Webster, D-Kanawha, made no mention of the public right’s to know.

Actually, the measure’s main thrust is to clarify reciprocity agreements West Virginia enters into with other states when it comes to recognizing citizens with conceal weapon permits. ...

Comment: Some of these privacy bills were introduced in states like Arkansas and Tennessee as a result of publication of permit holders' names and addresses, sometimes in searchable databases, by the media. Thus, any bill that allows the media unrestricted access to permit data is unlikely to stop such irresponsible behavior. If, as the press association asserts, any government document should be public, then why not release the names and addresses of, say, domestic violence victims, or rape victims. Or perhaps the state tax returns or state-run hospital medical records of newspaper reporters. After all, the public has a right to know. Right?

In a "may issue" permit issuance jurisdiction, public disclosure arguably makes sense, because permit issuance is discretionary, and the public ought to be able to see whether the government is abusing its discretion by only awarding permits to, say, the rich, or politically well-connected, or only to donors to certain political campaigns, etc. In a "shall issue" jurisdiction, however, where the government must issue permits to those who meet the objective, statutorily defined criteria, such abuse of discretion concerns don't exist.

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

National Park Service retreats on total lead ban, says environmental group:

The National Park Service has stepped back from a plan it announced earlier this month to ban lead-based ammunition and fishing tackle by 2010, according to Public Employees for Environmental Responsibility (PEER). The proposed lead ban triggered a fierce counterattack by gun groups that has put into doubt the pledge to eliminate lead ammunition from the park system by 2010.

On March 4, 2009, Acting National Park Service (NPS) Director Daniel Wenk sent out an internal directive that the agency would outlaw the use of lead in firearms, fishing and hunting by "December 31, 2010 or sooner." Wenk wrote that he had issued instructions that a "Special Regulation" be drafted "prohibiting the use of lead in hunting and fishing activities for those parks that authorize such activities". Hunting is permitted in 60 NPS units and fishing in widely allowed throughout the national park system.

Reaction from hunting groups after the lead ban was publicly announced was immediate and sharp. For example, National Rifle Association chief lobbyist Chris Cox said on March 12th:

"The NPS announcement demonstrates either complete ignorance or complete arrogance as to the effect that this policy will have on hunters...This policy, and the lack of communication in advance with the sportsmen's community, is a deliberate attempt to reduce the number of people who will want to hunt ....The NRA will continue to be a voice of opposition against this unnecessary action..."

Shortly thereafter, on March 18 NPS issued a "Clarification" that steps back from the vow of a ban:

"In the future, we will look at the potential for transitioning to non-lead ammunition and non-lead fishing tackle for recreational use by working with our policy office and appropriate stakeholders/groups. This will require public involvement, comment, and review."

"This lead ban is an early test of whether the Obama administration will be guided by science or politics in setting environmental policy," stated PEER Executive Director Jeff Ruch, whose organization is preparing a rulemaking petition to accomplish the no-lead policy if the NPS plan remains in limbo. "We urge the Obama administration to keep with its original timeline of going lead-free by 2011." ...

Sarah Palin nominates NRA director as new Alaska Attorney General:

ANCHORAGE, Alaska -- Alaska Gov. Sarah Palin has picked an Anchorage lawyer and National Rifle Association director as the state's new attorney general.

Palin named Wayne Anthony Ross to the post on Thursday.

Ross twice sought the Republican nomination for governor. He is a former NRA vice president and current director.

Ross replaces Talis Colberg, who resigned Feb. 10 amid what Palin called a "harsh political climate." ...

[Kansas] Article on the proposed constitutional amendment to the state's RKBA provision:

TOPEKA — A proposed state constitutional amendment favored by gun rights advocates Tuesday targets a century-old court case originating out of Salina.

The Kansas Senate voted 39-1 in favor of a resolution that would clarify that individuals have a right to keep and bear firearms under the Kansas Constitution.
...
... state Sen. Tim Huelskamp, R-Fowler, said gun rights advocates soon learned that the Kansas Supreme Court had a 1905 ruling on the books conflicting with that decision.

That’s a concern, he said, because the U.S. Supreme Court’s ruling came on a narrow 5-4 decision that could be affected by a change in the court’s membership.

“We can no longer wait or hope for the right decision from the judiciary,” Huelskamp said. “Instead, it is time to allow Kansans a voice on this matter by offering this proposed amendment and our citizens will have the final say.” ...

[Illinois] Former Sheriff backs concealed carry law:

During my 23-year law enforcement career, I have developed a good sense of the character and nature of the people who commit violent crimes. With very few exceptions, the perpetrator is not the father who is taking his children to a ballgame. It is not the mother walking into a dark parking lot after a long shift at work. It is not the college student walking home after a study session with friends. Sadly, these persons are often the defenseless victims of violent crimes.

In Illinois, it is the "solid citizen" who is precluded from possessing the tool that he or she needs for self and family protection - a firearm. While many Illinois lawmakers and law enforcement administrators scoff at the notion that honest, hard-working citizens should be granted their constitutional right to protect themselves and their families, this misguided and dangerous attitude serves only to empower and embolden the violent thug.

Two fundamental realities dictate both the efficacy of, and effect on society of gun control legislation, yet these realities seemingly escape the perceptions of many public officials. First, the violent criminal has always had a gun, currently has a gun, and will always have a gun. Gun control laws can be effective only when people choose to obey them. A criminal does not obey laws. It is the father, the mother and the college student who will obey gun control laws, while the violent criminal continues to have access to firearms from an array of illegal sources.

Secondly, bad people have always found weapons to hurt good people. Bad people will always find weapons to hurt good people. What could be more basic than these tenets? If the thug element could not, hypothetically, find access to firearms, they will manufacture some manner of weapon to harm law-abiding people and take their property. If firearms were inaccessible to criminals, and their weapon of choice became, say, butcher knives, I can only assume that these same officials would be decrying the evil of butcher knives, and demand strict butcher knife control legislation.
...
The latest concealed carry legislative proposals are endorsed by the Illinois Sheriff's Association. As the only elected law enforcement officials in the state and the only law enforcement officials who directly answer to the people, the sheriffs of Illinois understand the basic right of their constituents to self protection. The sheriffs should be commended for their support of concealed carry legislation and the Constitution. However, many of these sheriffs must understand that their support for concealed carry is greatly diminished when they support politicians for higher officer who are staunch supporters of gun control laws.

Notwithstanding my belief that most chiefs of police privately support the concept of concealed carry, the Illinois Association of Chiefs of Police is, again, opposing any legislation that grants your right to possess concealed firearms. Whereas the sheriffs of our counties do not answer to any higher governmental authority, most metropolitan chiefs of police must answer to mayors and city councils, which often lack the capacity to understand the unconstitutional and ineffective nature of most gun control laws. While it is true that some chiefs and other law enforcement officers and administrators do have a personal belief that the concealed possession of firearms by citizens creates a dangerous environment, I am confident that the great majority of law enforcement officers recognize the deterrent to crime that concealed carry will bring to our homes and streets. ...

Rep. Tom Tancredo says Hillary Clinton aiding Obama's war on guns [audio of Tancredo's interview available at link]:

Former U.S. Rep. Tom Tancredo, R-Colo., says Secretary of State Hillary Clinton is just aiding and abetting President Obama's war on guns with her new suggestion that the U.S. is at fault in the Mexico drug cartel war.

"She's part of Obama's plan to conduct a war on guns," he said. "He's opposed to private ownership of guns, opposed to concealed carry laws. He doesn't believe we should be able to carry guns as individuals."
...
"The heavy weaponry is not coming from the U.S.," he said, citing the Mexican military as a source for drug cartels for automatic weapons, as well as gun dealers throughout South and Central America.

He said the Mexican army has sustained 110,000 desertions in the last few years alone, and those soldiers often have taken their weapons with them to sell them later on. ...

[D.C.] Hillary Clinton's call for gun ban blasted by gun lobby:

Washington - Secretary of State Clinton called for a new assault weapon ban in the U.S. on Thursday in hopes of cutting off arms flowing to Mexican drug gangs - and was immediately blasted by the gun lobby.

Clinton was naive in thinking that "if Americans give up their freedoms, that it's somehow going to affect the operations of the Mexican drug cartels," said National Rifle Association spokesman Andrew Arulanandam.
...
Under tight security yesterday in Monterrey, Mexico, Clinton said the drug-related violence along the border was "intolerable for honest, law-abiding citizens of Mexico, my country or of anywhere people of conscience live."

"We can worry about what's coming north," Clinton said, "but the Mexican people are worried about what's coming south: assault weapons, bazookas, grenades." [emphasis added] ...

[Texas] Gun smuggler sentenced to prison for smuggling guns to Mexico:

BROWNSVILLE, Texas -- A federal judge sentenced to 10 years in prison Thursday a South Texas man who organized a dozen others to buy guns from licensed dealers in South Texas so that he could smuggle them to Mexico.

U.S. District Judge Hilda Tagle sentenced Emmanuel Ramirez, 25, of Brownsville to concurrent sentences of five years for making false statements on firearms records and 10 years for smuggling goods out of the United States.

Prosecutors said Ramirez's ring of gun buyers, all in their 20s, allowed him to smuggle at least 77 guns, mostly Beretta 9 mm handguns, into Mexico during a six-month period in late 2007 and early 2008. Ramirez's lawyer, Ignacio Torteya, declined to comment on who received the stolen guns. [emphasis added]

Drug cartel members and other criminals in Mexico, which has strict gun control laws, are routinely being supplied with weapons from the United States. ...

Comment: 77 guns over a six month period, mostly handguns. What? No fully automatic rifles, or bazookas or grenades? Someone please tell Hillary Clinton.


Even ESPN is reporting on the rising guns, ammo sales:

... Ted Novin, the NSSF's director of public affairs, says that the next report on ammunition sales won't be in until May, but there's enough anecdotal evidence to suggest more boom times for the gun crowd — literally and figuratively.

"From what we've heard, ammunition manufacturers are operating at full capacity in an attempt to keep up with demand," says Novin. "Gun owners are worried about taxes being added to ammo, or worried about new laws that will affect the production, and consequently the price, of ammunition. It's understandable; there are a lot of people in power now who have a long history of supporting bills that violate Second Amendment rights."

Valerie Peters, a spokesperson for Winchester Ammunition in East Alton, Ill., says her company's plant is running "24/7" in an attempt to keep up with demand.

"It seems that there has been a demand for all calibers since last fall," says Peters. "We're keeping production systems going around the clock and through the weekends."
...
"A lot of my guys think that the government is going to tax ammo to the point that it gets ungodly expensive," says Rausher. "So they're buying ammo and putting it away — 9mm, .380, .38 Special, .40 S&W, .45 — all the popular stuff. I think they're probably on the right track. Something is coming; something is going to happen. Whether it's microstamping or non-lead bullets, ammo is going up in cost."

At Mark's Outdoor Sports in Birmingham, Ala., owner Mark Whitlock is nonplussed by what has apparently become a rush to hoard ammo.

"I've seen some strange things in the past 29 years in business but I never thought I'd see the day when I would make one order in one day for more ammo than I sold during all of the previous year," said Whitlock. "I'm doing that, knowing I won't get it, and also knowing that if I did, I could sell it all and be ordering more three days later."
...
Beside the popular handgun calibers such as 9mm and .380 (whose shortage might be due to the fact that ammo companies run it on the same production lines as the more popular 9mm), Mark's Outdoor Sports also is running low on even popular rifle loads such as .223, .30-06, .308 and .270.

"I had a guy come in my store who bought $5,000 worth of shotgun ammo for his bird hunting — this is in March. He's worried about ammo shortages too, but nothing like the handgun and rifle guys," observed Whitlock. "It's like a run on grocery stores when a hurricane is coming. It's milk-and-bread time, down to whatever you can get." [emphasis added]...

[Ohio] Gun, ammo sales rising:

Toledo-area gun and ammunition sales are on the rise, and shop owners are scrambling to find distributors, as a possible change in the nation’s gun laws sparks a buying frenzy.

Theresa Cleland, an owner of Cleland’s Outdoor World, said she is having difficulty receiving supplies as distributors are running out. The demand for guns and ammunition has been so high that she is forced to scavenge the nation for items, she said.

“We’ve been busy enough that I’m busy hunting for merchandise and haven’t had time to reflect on numbers and how it has changed,” Cleland said. ...

[Illinois] Dave Workman says Chicago-area lawmaker wants gun bans for minority-populated ZIP codes:

Suppose the Alabama Legislature was considering an amendment to a bill that would prevent residents in a specific neighborhood of Birmingham that was heavily populated by minorities from exercising a constitutionally-protected civil right, say voting?

The outrage that would erupt over something like that would be deafening. Sunday morning news programs would be loaded with volatile rhetoric from the likes of Jesse Jackson and Al Sharpton, and no doubt marches would be staged at the home of the lawmaker who sponsored such a horrendous piece of legislation.

Well, welcome to Springfield, Illinois where State Rep. Andre M. Thapedi, a Democrat representing the 32nd District on Chicago’s South Side has introduced an amendment to House Bill 1966 that specifically prevents residents in the Englewood neighborhood from owning, selling, buying or manufacturing “any assault weapon or .50 caliber rifle.”

He’s done some serious homework on this by identifying the specific zip codes – 60619, 60620, 60621, 60629, 60636 and 60637 – where the residents apparently cannot be trusted with these firearms while, apparently because every other zip code in the state was not included, every other Illinois citizen is free to possess these guns.

As it happens, the 32nd District extends through these zip codes and according to a contact at the Chicago Sun-Times, this area is overwhelmingly African-American, with a small percentage of Hispanics. ...

[Texas] Feds targeting Houston to stop flow of guns into Mexico:

A $700 million initiative to strengthen the U.S. role in the fight against Mexican drug cartels will place Houston at the center of efforts to shut down gunrunning to Mexico, federal officials said.

The Obama administration this week announced a multi-agency effort to assist Mexico’s battle against warring drug cartels by adding hundreds of agents to gun-running units, drug intelligence groups and task forces aimed at fighting kidnapping and public corruption.

The initiative places new agents in Houston to quickly expand Project Gunrunner, a federal effort to staunch the illegal flow of guns into Mexico. A “large majority” of 100 federal gun agents being transferred to the border region in the next 45 days will be assigned to monitor purchases at the 1,500 gun stores in the Houston area, a federal official confirmed.

“Houston is one of the major trafficking routes to Mexico and has the convenience of the number of firearm dealers in this large city,” said Franceska Perot, agent with the U.S. Bureau of Alcohol, Firearms and Tobacco and Explosives in Houston. “Probably the majority of the sources of firearms recovered in crimes in Mexico are through straw purchases in Houston.”

Straw purchases are seemingly legal sales of firearms to qualified customers who claim the weapon is for their use, but who bought the gun for a trafficker.

The extent of the challenge also was highlighted in Brownsville this week, where a federal judge sentenced 13 residents who were recruited by a trafficking ring to buy 77 weapons that were transported into Mexico.

ATF is trying to bring down at least three Houston cells it contends supply weapons to the Gulf Cartel, according to documents filed in local U.S. District Court.

Dallas gun store owner Donnie Durbin, president of the Texas Gun Dealers Association, said dealers have no control over what qualified buyers do with firearms after they purchase them. He said the ATF should bring more agents to target gun traffickers, not increase the number of compliance officers who audit gun dealers.

“If (ATF agents) go out and find these people selling these guns, they need to put them in jail. I don’t think the dealer would take that kind of chance,” said Durbin, adding he was not speaking for the association. ...

Comment: Of course, no word on how ATF is planning on stopping the flow of all those brand new full auto guns, grenades, and rocket launchers (or bazookas, as Hillary Clinton calls them), given that those aren't available to "ordinary" citizens from gun shops or gun shows. I can't recall whether Texas is a Class III friendly state, but even if it was, I'll bet even Mexican drug lords aren't going to spend $20,000 on a transferable select-fire M-16, when they can get one from the Mexican military via bribery (or theft) or an overseas arms dealer for a small fraction of that.


[New York] Gun sales rising:

MONROE — Fears that a liberal presidential administration will impose more restrictions on gun ownership have triggered a frenzy of gun buying at local suppliers, who are struggling to restock their shelves with firearms and ammunition.

"It's blow-off-the-shelf sales," said Dennis Serpi, owner of Master Class Shooters Supply in Monroe. "The whole country's in a buying panic that can't be controlled."

Most of the buying is fueled by unsubstantiated fears that more liberals in control of government will result in new firearms restrictions, area shop owners said.

"I don't think there's anything proposed right now," said Bob Lounsbury, owner of a Middletown gun and sporting goods store. "But we have a Democratic president and Congress, so restrictions would be easier to get through at this time."

Shop owners say new customers include women, fearful not only of possible new restrictions but, as the recession deepens, their safety.
...
Gun permit offices in Orange and Sullivan counties have seen their new permit numbers hit 200 and 100, respectively for the first three months of 2009, a doubling from the same period a year ago. ...

Comment: Gee, a whopping 300 gun permits, from two entire counties, for three whole months? And that's double the number for the same period last year? By the way, I assume that by "permits" they mean permits to simply possess guns, not carry (this is New York state). In most free states, however, this small number wouldn't even count as news trivia, much less actual news. What a difference geography (and draconian gun control laws) makes - only the violent criminals have an easy time getting guns in New York. Law-abiding citizens, not so much.


Investor's Business Daily has a profile of Arthur Savage, founder of Savage Arms:

Arthur W. Savage was a restless overachiever.

He had already made his mark as an explorer, cattle baron and coffee grower before he invented the Model 99 lever-action rifle in 1893 that set new standards for innovation in the U.S. gun industry.

The founder of Savage Arms Co., a maker of rifles and shotguns based in Westfield, Mass., is also credited with designing the first radial tires.

Savage eventually left the gun firm he founded in 1894 to seed other businesses. But he infused the firm that still bears his name with a penchant for innovation that helped it survive the Great Depression and prosper through the present day.

"Savage was a mechanical genius," Ron Coburn, today's chief executive at Savage, told IBD. "Every time he developed a new product, whether it was a washing machine or a firearm or a lawn mower, he knew nothing about them. He just looked at the mechanics of the ones on the market and said: That's not the way to do it — I can make a better one." ...

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[Kansas] Senate approves state constitution change to reflect individual RKBA right:

TOPEKA, Kan. (AP) - Voters may get to decide next November whether Kansas should amend its constitution to clarify that the right to bear arms is an individual right, not a collective right.

A measure placing the issue on the 2010 general election ballot cleared the Senate by a 40-0 vote Tuesday. A similar resolution is awaiting action in the House.

It's a response to a 2008 U.S. Supreme Court decision that says the federal Constitution's Second Amendment grants individuals the right to bear arms. ...

[Ohio] Man sues city over open carry incident:

ENGLEWOOD — A city resident claims Englewood deprived him of his constitutional rights to carry a firearm and that police officers falsely arrested him during the 2007 Fine Arts Festival.

According to his lawsuit filed March 19 in Montgomery County Common Pleas Court, Kent Maynard claims he was stopped and questioned by police for openly carrying a 9mm pistol during the festival at the city's Centennial Park.

At the time, the city had an ordinance prohibiting weapons in any city park. Maynard contends that recent state law superseded the city's ordinance. ...

[D.C.] Gun bans off-limits, for now:

Members of Congress may be alarmed by the surge in Mexican drug violence and its potential to spill across the border, but when talk turns to gun control, opposition from both Democrats and Republicans grows fierce.

Attorney General Eric H. Holder Jr. found that out when he proposed reinstituting a U.S. ban on the sale of certain semiautomatic weapons. Many lawmakers balked. The 1994 ban expired after 10 years.

"The Second Amendment Task Force opposes the discussed ban and will fight any attempts that infringe on our Second Amendment rights," said Rep. Paul Broun, Georgia Republican, a chairman of the group. Six Democrats and six Republicans co-signed his statement.
...
For his part, President Obama has signaled a willingness to tighten restrictions on guns, calling the flow of drug money and guns "a two-way situation." Yet 65 Democrats said in a letter to Mr. Holder that they would oppose any attempt by the administration to revive a ban on military-style weapons. ...

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[D.C.] NSSF press release on bill to change firearms and ammunition excise tax payment schedule:

... The firearms and ammunition excise tax (FAET) is a major source of wildlife conservation funding in the United States. The Firearms Fairness and Affordability Act (S. 632) will allow the firearms and ammunition industry to pay the FAET on a quarterly basis, the same payment schedule on which every other industry supporting conservation pays the federal excise tax. Joining Sen. Baucus in introducing this important bi-partisan legislation were Sen. Mike Crapo (R-ID), the current co-chair of the Congressional Sportsmen's Caucus, and five other senators.
...
"Singling out the firearms industry for tax payments every two weeks is bureaucratic and discriminatory," said Sen. Crapo. "Changing to a quarterly excise tax payment system, as is used throughout the rest of the sporting goods industry, will allow firearms manufacturers to reinvest funds into developing new products and marketing efforts. It should provide increased funding for state wildlife preservation programs by easing restrictions surrounding the collection of these taxes. The firearms industry would still pay its full share of taxes, but it would do so in a more equitable manner that is in keeping with other business practices."

Senators Blanche Lincoln (D-AR), Olympia Snowe (R-ME), Pat Roberts (R-KS), John Ensign (R-NV) and Mike Enzi (R-WY) have co-sponsored the Senate FAET legislation.

A companion bill in the U.S. House of Representatives was introduced earlier this year by Rep. Ron Kind (D-WI), the immediate past co-chairman of the Congressional Sportsmen's Caucus, and was co-sponsored by fellow immediate past co-chair of the Congressional Sportsmen's Caucus Rep. Paul Ryan (R-WI). The House bill has the support of 37 members of Congress.

[Michigan] Newspaper says CCW permits rise "alarmingly":

It's a Second Amendment right. Michigan law doesn't stand in the way.

Bay County people are flocking to do it.

This month, 84 applied for a permit to carry a concealed weapon. Twenty-three were for renewals, the rest were newcomers.

That's more than twice the monthly average here.

That's alarming.

Some of the applicants told our reporter they were getting a permit to carry a concealed handgun for personal safety. That's even though the rate of crime isn't rising.

Although, that insurance agent in Auburn did pretty well for himself last month, didn't he, when he shot one man and chased off another when they tried to rob his office.

But he's the exception, not the rule.

Handguns, if not handled with the utmost care, are true home wreckers. While stories of handgun-wielding citizens winning the day against criminals are rare, nearly every year Michigan newspapers report of a child or family member injured or killed - accidentally or intentionally - with a handgun kept in a home. ...

Comment: At least the reporter didn't actually use the old "Blood Will Run In the Streets" argument.


[Michigan] A slightly calmer take on the rise in CCW permit applications:

The fear of new limits on gun ownership under a Democratic administration and concern over personal safety during a weak economy could be fueling a boom in the number of people getting permits to carry handguns.

According to figures provided by the Livingston County clerk, the number of permits issued in 2008 was nearly double the number issued the year before. The trend has continued in the early months of this year.

Clerk Margaret Dunleavy reports that 438 concealed weapons permits were issued in 2007 and that number soared to 823 in 2008. That means 4,107 Livingston County residents (out of a population estimated at 184,662) are licensed to carry a handgun, according to the clerk's office.

So far this year, the number of concealed gun permits issued in Livingston County has increased exponentially, with 146 in January, compared to 36 in January of last year, and 134 in February, as opposed to 42 in 2008.

"There is a general feeling that the new administration in Washington will take a very hard line on citizen rights to bear arms,'' said Livingston County Commissioner Dave Domas, chairman of the county public safety committee. "Wherever the threat is made, or perceived, the reaction is predictable, so it wouldn't surprise me if more people get permits because their rights would be challenged by the administration." ...

[Florida] Gun sales booming:

The November election produced an unintended stimulus package for one industry: gun sales.

About as soon as Democrats took control of both the White House and Congress last fall, people began lining up to buy guns at local shops. Ammunition has been flying off store shelves, merchants say.

"Yes, there was a big rush," Christopher W. Drum, owner of CRS Weaponry in Port Richey, said. Sales boomed as much as 60 percent since November, although sales seem to be leveling off of late.

"It was kind of wild for a while," Drum observed, with even grandmotherly types shopping for firearms. Costs of guns have been going up accordingly, with 21 manufacturers raising prices.

"Gun sales are going through the roof," said Bill Bunting, a Republican state committeeman, longtime leader of the Pasco Republican Party and lifetime member of the National Rifle Association.
...
"We've never seen so many women" seeking the firearms training the Second Amendment Club offers, Bunting said. About 35 college students, mostly women, attended the most-recent class. ...

[Missouri] Gun sales rising [video available at link]:

While many shoppers are cutting back on spending, sales of one item continue to soar.

Buyers across the Ozarks are snapping up firearms in record numbers as some people worry the new government will result in major changes to gun laws.

The lines at Loftis Jewelry and Pawn Brokers in Springfield are only getting longer as the new administration plans to tighten gun laws around the country.

"There are times on Fridays and Saturdays where you can't even see the gun counters. It gets so busy that people have to just mingle around, look at other stuff through the store because they can't even get up to the counters to see the guns and stuff that are in the showcases," says co-owner, Darrell Loftis. ...

[Kansas] Senate panel endorses state constitution change:

TOPEKA - A Senate committee has endorsed a proposed amendment to the Kansas Constitution to guarantee an individual's right to own a gun.

The Judiciary Committee's unanimous voice vote Friday sent the measure to the Senate for debate.
...
The Kansas Constitution says: "The people have the right to bear arms for their defense and security."

But a 1905 Kansas Supreme Court decision says it's a collective, not an individual, right. The proposed amendment would give the right to each person. [emphasis added]

If both legislative houses adopted the proposal by two-thirds majorities, it would be put to a statewide vote.

Comment: Kansas and Nebraska's relatively late entrance to the "shall-issue" concealed carry party was always a little surprising to me, given the mostly rural nature of both those states. I guess this change to fix the Kansas Constitution to properly reflect the individual nature of the right to keep and bear arms, is another case of "better late than never." Note that it was a bunch of judges who ruled that "[t]he people" in the Kansas RKBA constitutional provision did not refer to individuals, but to some mythical "collective".


[Kansas] Gun sales rising:

... Visit Bullseye Shooting Range and you are likely to find them standing in line waiting for a turn. You're also likely to find a lot of empty shelf space. Dealers are selling bullets faster than they can stock them. Manager Harry Ross says all types of guns are selling like crazy.

"We sell massive amounts of weapons now," Ross says.

This nationwide trend follows the election of a Democratic president and a Congress that many believe will push for tougher gun control.

"I think more people are worried about their own security," Ross says. ...

[Tennessee] Senate gun bills on the move [list of the major firearms-related bills under consideration available at link]:

NASHVILLE, TN: The pace quickened on Capitol Hill this week as the State Senate acted on a wide variety of bills, including key environmental legislation and several bills protecting our citizens’ second amendment rights.
...
The Senate Judiciary Subcommittee on Firearms and Ammunitions Legislation recommended ten bills for passage this week aimed at revising Tennessee’s gun laws and assuring the Second Amendment rights of citizens “to keep and bear arms.” Earlier this year, Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet) referred 47 bills to the Subcommittee chaired by Senator Mike Faulk (R-Church Hill) for review. These bills range from permit confidentiality to a legal permit holder’s right to carry in public places. ...

[New York] Lawmakers consider changes to gun sales laws:

The sale of guns (firearms, rifles, or shotguns) at auctions, flea markets, or garage sales would be considered a "gun show" in New York, according to legislation cosponsored by Senator Eric T. Schneiderman (D-New York City) and Assemblywoman Amy R. Paulin (D-Westchester).

"Realizing that guns are often offered for exchange as well as for sale or transfer in a range of places, this bill adds the word 'exchange' to the current statute," Schneiderman said. "Clarifying the term 'gun show' will attempt to address the cases in which the court will have to determine whether or not the sale or transfer of firearms that takes place in a variety of venues constitutes a gun show. Additionally, in the event that firearms, rifles, or shotguns are offered for sale, transfer, or exchange at a public auction, flea market, or garage sale, these venues will also be considered a gun show."

A second measure pertaining to the sale of rifles or shotguns would require a sale to be conducted through a federally licensed firearms dealer. "The bill provides for the return of the firearm to the appropriate party, should the sale of the firearm constitute a violation of the penal law," Paulin said. "This bill does not apply to the sale of firearms in four specified situations: sales to federally licensed firearms dealers; sales of an antique rifle or shotgun, a collector's item, a device not designed or redesigned for use as a rifle or shotgun, or designed solely for use as a signaling, safety, or similar device, or an unserviceable rifle or shotgun; sales to purchasers authorized to purchase on behalf of a law enforcement agency; and sales to immediate family members, which include spouse, natural and adoptive parents, children and siblings, stepparents, stepchildren and step-siblings, fathers-, mothers-, brothers-, sisters-, sons- and daughters-in-law, and grandparents and grandchildren." ...

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

Washington Times op-ed says Obama secretly ending armed pilots program [hat tip to reader Jim P.]:

After the September 11 attacks, commercial airline pilots were allowed to carry guns if they completed a federal-safety program. No longer would unarmed pilots be defenseless as remorseless hijackers seized control of aircraft and rammed them into buildings.

Now President Obama is quietly ending the federal firearms program, risking public safety on airlines in the name of an anti-gun ideology.

The Obama administration this past week diverted some $2 million from the pilot training program to hire more supervisory staff, who will engage in field inspections of pilots.
...
Since Mr. Obama's election, pilots have told us that the approval process for letting pilots carry guns on planes slowed significantly. Last week the problem went from bad to worse. Federal Flight Deck Officers - the pilots who have been approved to carry guns - indicate that the approval process has stalled out.

Pilots cannot openly speak about the changing policies for fear of retaliation from the Transportation Security Administration. Pilots who act in any way that causes a “loss of confidence” in the armed pilot program risk criminal prosecution as well as their removal from the program. Despite these threats, pilots in the Federal Flight Deck Officers program have raised real concerns in multiple interviews. ...

Gun advocates brace for new AWB fight:

... Attorney General Eric Holder is using the drug violence in Mexico to "confuse and mislead" Americans in an attempt to reinstate the expired Federal Assault Weapons Ban, gun advocates claim.

Holder revealed his intention to reinstate the ban last month while announcing more than 700 arrests in connection with a crackdown on Mexican drug cartels operating in the United States.

"As President Obama indicated during the campaign, there are just a few gun-related changes that we would like to make, and among them would be to re-institute the ban on the sale of assault weapons," Holder said. "I think that will have a positive impact in Mexico, at a minimum."

Holder said reinstating the ban would decrease the flow of guns from the U.S. into Mexico. He declined to offer a timeframe for any re-implementation; Justice Department spokesman Matt Miller also declined comment on Tuesday.
...
During a House subcommittee hearing last week, Chris Cox, executive director of the NRA's Institute for Legislative Action, warned against making U.S. gun owners "scapegoats" for the Mexican crisis.

"The message here is clear: According to some, the violence in Mexico is not the fault of the drug cartels or their American customers, nor is it the fault of decades of Mexican government corruption," Cox said in prepared remarks.

"In their view, the fault lies with American gun owners. This is an outrageous assertion."

Authorities should ramp up border security and continue targeting so-called straw buyers who do the cartels' "dirty work," Cox said.

But Tom Diaz, senior policy analyst at the Violence Policy Center, testified at the subcommittee on National Security and Foreign Affairs on Thursday that the U.S. civilian gun market is fueling violence in Mexico and on both sides of its border.
...
... Arizona state Sen. Jonathan Paton, who testified at last week's hearing, said additional gun laws are just not the answer.

"It would actually hurt the problem rather than help it," Paton, a Republican, said of re-instituting the federal assault weapons ban. "They're not giving us the resources on the laws that we already have on the books. What makes me think they're going to give us the resources for new laws?"

Paton cited Mexico's far stricter gun laws as proof that new domestic laws in the United States won't deter criminals intent on trafficking arms.

"It's not going to solve the problem you have with M-16s and AK-47s; they're already banned and they're already going into Mexico at a feverish pace," Paton told FOXNews.com. "The day they start taking their border security as serious as we do, Mexico will cut down tremendously on its amount of guns."

[Kansas] Ammo shortages hit gun owners:

WICHITA - Around Wichita, the supply of ammunition -- particularly for handguns -- is not keeping pace with a strong demand. The demand is emptying shelves at the big discount stores, owners of local shooting ranges and gun merchants say.
...
At the Goddard Gunnery, which sells mainly hunting supplies but also handguns and ammunition, owner Monte Reese said he has gotten new customers who said they couldn't find ammunition at the big discount stores.

"There does appear to be a shortage through the distribution channels," Reese said. "Certainly... demand is outpacing supply."

In 15 years in business, he said, "we had the best year we've ever had last year."

"We noticed the trend well before the election," he said. "It certainly didn't slow down after the election."

At the Bullet Stop, prices are rising with the demand, Holman said. In the last six months, for example, a box of 50 rounds of one type of ammo has gone from $36 to $53.

The shooting ranges are restricting carry-out sales so they have enough for their range customers.

Holman said he's seeing more couples, more women and more families coming to the shooting range --"just a heavy migration toward an acceptance of firearms in the role it plays in their lives."

David Ewald, spokesman for Minnesota-based Gander Mountain, one of the nation's largest gun retailers, said the company has seen brisk gun and ammo sales for the last six to eight months. Gander Mountain has a store in downtown Wichita. ...

[Georgia] Atlanta ammo scarce:

Larry Guarcello is having trouble locating a source of discounted ammunition. He has been attempting to make a group purchase for members of GeorgiaCarry.Org who are attending firearms classes with instructor Ken Forbus at Firearmz. These courses are not run of the mill familiarization courses where a student might expect to expend a single box of ammunition, but intensive courses requiring hundreds or even thousands of rounds. At current prices, such prodigious shooting that can add up to a noticeable sum.

Because the cost is significant, Mr. Guarcello thought he could realize a substantial savings if the students banded together to purchase their ammunition, but so far he has met with frustration. "Nobody is willing commit to price or availability at this time," he remarked. He added that he has not given up.

Many readers no doubt have experienced similar frustration recently. Mike Jones was at the Walmart sporting goods counter in Fayetteville, Georgia this evening, looking desperately through the empty shelves for ammunition to feed his .45 ACP pistol. He did not find any, and his said that this was the second store he had visited in less than a week. ...

The Oath Keepers Project gets some press:

An invitation to soldiers and peace officers across the United States to pledge to refuse illegal orders – including "state of emergency" orders that could include disarming or detaining American citizens – has struck a chord, collecting more than 100,000 website visitors in a little over a week and hundreds of e-mails daily.

Spokesman Stewart Rhodes of Oath Keepers told WND his organization's goal is to remind military members their oath of allegiance is to the U.S. Constitution, not a particular president.
...
One testimonial posted by an active duty Army soldier, who was kept anonymous, said that message already has gotten through.

"I want you guys to know I'm with you 100 percent and so are a lot of my fellow soldiers. These kinds of discussions go on between us often, and we all know that we did not swear an oath to any politician (of either party)," he wrote.

"And just for the record not me or anyone else in my platoon would ever follow an order to disarm the American people," he wrote. ...

[Tennessee] Bill would end fingerprinting of gun buyers:

FOUNTAIN CITY (WATE) -- A 1998 state law that requires gun buyers to provide a fingerprint could soon be a thing of the past.

A bill that passed 82-11 in the State House is now headed for the Senate. It says firearms dealers in Tennessee would no longer be required to take thumbprints from people buying a gun.

The Tennessee Bureau of Investigation asks that gun dealers buy a specific type of ink and also provides them with a thumbprint form, but many local dealers say they're not taught how to accurately take a thumbprint.
...
The current law requires gun dealers to keep prints on file for a year.

TBI reports it has only requested one thumbprint since the current law was enacted. That print was smudged and unusable

"In the ten years I've been here I have never had law enforcement come in and say we would like to have the fingerprints from this individual," says Bowman. ...

[Florida] Broward schools may consider ammo a "weapon":

A box of bullets or shotgun shells brought onto Broward County Click here for restaurant inspection reports school grounds would be considered weapons if the School Board approves a recommended change to the district's student code of conduct.

Ammunition already isn't allowed on campus, though the school district does not classify it as weapons. The district's code of conduct does not specify how school officials will discipline a student who brings bullets or other similar items to school.

The proposed change comes just months after the November shooting death of Amanda Collette, who died after she was shot by a classmate at Dillard High School. It also comes amid heightened public concern over an increasing number of weapons found on Broward campuses. In the 2007-08 school year, school officials seized 503 weapons, up from 315 the previous school year.

If the School Board approves the change Tuesday, a student who next school year brings bullets or other ammunition to school would be considered in possession of a Class B weapon, the same category as knives, toy guns, razor blades, Chinese stars, nunchakus, pepper spray and ice picks. ...

Gun Rights News Roundup

Articles, news stories, and op-eds of interest to gun owners:

[D.C] Anti-gun Violence Policy Center says U.S. gun industry feeding Mexican violence:

... "If one wanted to design a system to pour military-style guns into
criminal hands, it would be hard to find a better one than the U.S.
civilian gun market," [VPC Senior Policy Analyst] Diaz testified before the Subcommittee on National Security & Foreign Affairs of the U.S. House of Representatives Committee on Oversight and Government Reform. "The only 'better' way would be openly selling guns to criminals from the loading docks of manufacturers and
importers."

Diaz pointed out that officials of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have stated that Mexican drug lords increasingly seek military-style weapons easily available on the U.S. civilian market. These include: the Barrett 50 caliber anti-armor sniper rifle capable of piercing armor plate from a mile and a half; semiautomatic assault rifles, including variants of the Colt AR-15 and the Kalashnikov AK-47; and, the "vest-busting" anti-armor handgun the FN Herstal Five-seveN 5.7mm pistol, known as the "cop killer" in Mexico. ...

[D.C.] Nevada Senator John Ensign writes and op-ed about the amendment to the D.C. voting bill to repeal D.C.'s anti-gun laws:

... The District imposed a number of restrictions, including burdensome registration processes and reporting requirements. It required parental consent for legal adults old enough to enlist in the military and carry weapons. The city also banned many firearms, including some handguns, which the justices noted are effective for self-defense. All of this serves only to frustrate and discourage D.C. residents from exercising their legal rights to bear arms.

If strict gun control worked, then the District -- which had long been home to the nation's most restrictive gun control measures -- would be the safest place in the country. But gun violence in the city was consistently among the highest in the nation throughout the 30 years that the city banned handguns. The reason is obvious: A gun control law will not dissuade violent criminals from killing or robbing with guns. Criminals use illegal guns purchased on the black market. Washington's police officers are on the front lines of the battle against violent crime, and they know, as the Fraternal Order of Police recently stated, that the handgun ban was "a miserable failure by any estimation." They also know that many city officials are devoted to the gun ban because it provides political cover for the District's dismal crime numbers.

Contrary to the impression left by some on these pages, my amendment will not turn the District into the Wild West of the East Coast. It would apply federal gun control law to the city. It would prohibit anyone from carrying any firearm in public without a permit; would require residents to submit to an FBI background check when they purchase a firearm; and would apply federal restrictions regarding, among other things, mental health issues, felony convictions, immigration status and age. My amendment upholds the court's ruling while allowing reasonable regulations consistent with the constitutional right guaranteed by the Second Amendment. Those who seek to mischaracterize this amendment are only spreading fear. ...

National Park Service wants to ban all lead from fishing and hunting by 2010:

The National Park Service has set a goal of eliminating lead from fishing and hunting gear by 2010.

Acting Park Service director Dan Wenk announced the goal Wednesday in Washington. Fragments of lead bullets are suspected to contaminate scavenger birds, like ravens and eagles, and lead used as fishing weights could poison waterfowl and other species.

New regulations would have an effect in Grand Teton National Park, where hundreds of hunters kill elk every fall during an annual elk reduction program. Yellowstone National Park already has restricted the use of lead for fishing weights and lures; the initiative could extend restrictions to Grand Teton. ...

[Georgia] Appeals court upholds felon-in-possession ban:

... Carlton D. Brye, serving 22 years for being a felon in possession of a firearm and ammunition, appealed on grounds including last year's Supreme Court ruling in District of Columbia vs. Heller, which overturned a ban on gun possession in the nation's capital. Brye, arrested in Clearwater, Fla., in 2007, said the ruling upheld Second Amendment rights of all Americans to "use arms for self-defense."

The 11th U.S. Circuit Court of Appeals rejected the argument Friday. ...

New York Times says Dems still fear gun control issue:

... But there is one issue that retains the power to leave Democrats quivering: gun rights. Gun issues still persistently tie the party in knots and have been used by Republicans to stall two major bills this year, with more likely to come.

“It is a hot-button issue,” said Representative Allen Boyd, Democrat of Florida, a longtime hunter and one of the moderates who typically split from the more liberal wing of the party to support the rights of gun owners. “Some people around here know they can use it as a wedge issue, and they try to do that.”

It is a particularly hot-button topic with veteran Congressional Democrats who believe the party’s strong support for a 1994 assault weapons ban was the real reason they lost control of the House that year — not the House bank scandal, the failed health care initiative, the Contract with America or Newt Gingrich.

The power of that bad memory was unmistakable a few weeks ago in the immediacy with which Speaker Nancy Pelosi shot down the suggestion by new Attorney General Eric Holder that Congress might reinstitute the assault weapons ban.

“On that score, I think we need to enforce the laws we have right now,” said Ms. Pelosi, echoing the position often taken by advocates of gun rights.

Gun rights are probably equaled only by abortion rights in their ability to split Democrats and create political havoc.

Well aware of the Democratic sensitivity on guns and the reluctance of suburban and rural lawmakers to cast any vote that could be perceived as anti-gun, Republicans see the issue as one of their most effective poison pills to sabotage legislation. They were able to add an expansion of gun ownership in the District of Columbia to a long-sought measure giving the district a full-voting seat in the House of Representatives. Now the gun issue is an anchor on the bill in the House. ...

[Oklahoma] CCW permits applications, guns and ammo sales rising:

Four months after the election of President Barack Obama, firearms and ammunition sales in Tulsa remain at a fever pitch.

Popular self-protection ammunition is often sold out at local stores, weapons are flying off shelves and the state reports an 87 percent increase in concealed carry permit applications for February 2009 over February 2008.

"People are hoarding. They're creating a shortage," Jim Prall at Sports World on 41st Street said of ammunition sales. "We've sold more ammunition in the last three months than we sold last year." [emphasis added]

Gun sales spiked in November with the election of Barack Obama and Democrats adding to their majority in Congress. But local gun dealers say the spike is turning into a steady climb with political worries about gun rights as well as worries about the economy and potential for increased crime.

Prall said his store planned ahead for the increase, having seen a similar spike
after Bill Clinton was elected, but the previous jump in sales pales in comparison to what's happening now. ...

[Kansas] Gun, ammo sales soaring:

Local gun shop owners say President Obama has definitely stimulated one part of the economy.

”Since November gun sales have increased 75 percent, 80,” Paul Duke, owner of Duke’s gun shop, said.

They tell me its no coincidence that there was a spike in gun sales at the same time the president was elected.

“He wants to do away with them, the way I hear it.”

[New Hampshire] Guns, ammo sales rising:

It's unclear how effective President Barack Obama's policies will be in reversing the nation's economic slide, but since his election he has proven to be a one-man stimulus package for one sector of the economy — gun sales.

Since November, sales of handguns and tactical or semiautomatic rifles have increased by 50 percent in 15 states as gun shops and sporting-goods stores like the Kittery Trading Post and Dick's Sporting Goods have benefited from concerns, real or not, that the Obama administration will enact strict gun-control laws such as a revival of the 1994 assault weapons ban — or even, as some pro-gun Web sites have suggested, take guns away from lawful owners.

Nationwide, according to data from the FBI and the National Instant Criminal Background Check System, November gun background checks increased 42 percent from the year before. In December, background checks were up 24 percent, 29 percent in January, and 23 percent in February. Background checks are considered an indication of retail sale activity.

"We've had a double-digit increase in sales of handguns and tactical rifles beginning about a week before the election...," said Fox Keim, vice president of the Kittery Trading Post. "Manufacturers can't keep up with demand and we are seeing a backlog of orders ranging from six months to two years for certain products."

Smith & Wesson, which has a Rochester barrel-making facility and is one of the country's largest firearms manufacturers, reported in its most recent financial statement that hunting rifle sales were down nearly 46 percent, but "sales of all other firearms, specifically handguns and tactical rifles, were $70.7 million, a $23.8 million or 51 percent increase over the same quarter last fiscal year." ...

[Florida] Guns and ammo sales spike even makes the Times of London:

... Manufacturers are struggling to keep up with demand, and many gun shops running low on stock as the US public buys weapons in anticipation of tighter controls.

On the campaign trail last year Mr Obama proposed restoring a Clinton-era ban on several types of military-style semi-automatic rifles and high-capacity magazines, as well as background checks for buyers at gun shows, and other "common-sense measures".
...
Personal background checks - which, under federal law, are required of people purchasing rifles and handguns - jumped 42 per cent at gun stores to a record 1.5 million in November after Mr Obama was elected. Since then, they have risen by an average of 25 per cent each month.

In Florida, state authorities have hired an extra 61 people just to help process the waiting list for gun permits. [emphasis added] ...