Showing posts with label Nebraska. Show all posts
Showing posts with label Nebraska. Show all posts

Monday, September 7, 2009

Nebraska AG announces recognized permit list

From the Cornhusker State:
LINCOLN — Folks from Iowa, Kansas, Colorado and at least 31 other states are welcome to bring their concealed handguns into the Cornhusker State. But those from South Dakota and 11 other states are not.

That's the word from the Nebraska Attorney General's Office, which was required by a new state law to determine which states have comparable concealed handgun permit laws to Nebraska's. That determines which states' residents could legally carry concealed handguns in Nebraska, as well as their home state.

The review found that 34 states have standards equal to or greater than Nebraska's.

People who have obtained concealed weapons permits in those states have reciprocal rights here and can legally carry concealed weapons in Nebraska, said Leah Bucco-White of the Nebraska Attorney General's Office. ...

Article here, with map showing states whose permits Nebraska recognizes.

Friday, June 19, 2009

Gun Rights News Roundup

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

Reason Magazine: Sotomayor's 'fundamental' flaws:
Supporters of Supreme Court nominee Sonia Sotomayor claim that her Second Amendment rulings are examples of "judicial restraint." The problem is that she's restraining the Second Amendment.

Judge Sotomayor has ruled twice that the right to keep and bear arms is not a "fundamental right." The second time was after the U.S. Supreme Court said that it is.
...
On Jan. 28, 2009, Sotomayor was a member of another three-judge Second Circuit panel, which considered a Second Amendment challenge to New York's ban on "the in home possession" of a nunchaku, a weapon made of two sticks connected by a rope. In Maloney v. Cuomo, defendant James M. Maloney, an attorney, was charged with six violations including a felony, for nothing more than private possession of a nunchaku. He pleaded guilty to one misdemeanor count of "disorderly conduct," agreed to destruction of his nunchaku, and reserved his right to appeal. On appeal, he argued, among other things, that the state law violated his Second Amendment right, his liberty interest and privileges and immunities under the 14th Amendment.

Six months after the Supreme Court's ruling in District of Columbia v. Heller, Sotomayor joined an unsigned six-page opinion in Cuomo, that Second Amendment rights are not "fundamental": "Legislative acts that do not interfere with fundamental rights or single out suspect classifications carry with them a strong presumption of constitutionality and must be upheld if ‘rationally related to a legitimate state interest.'" The Supreme Court has granted Maloney an extension of time to file his petition seeking review. ...


Crimes against elderly show need for guns:
In the wild, large predators like wolves and lions tend to select old or sick animals from the herd to attack. The reason is simple, these are the weakest animals, increasing the chance of a successful kill and decreasing the chance for injury to the predator.

It is no different with human predators. Muggers, robbers, carjackers, home invaders, etc. all look for the easiest target that will give them the greatest chance of success with the least chance of injury to themselves. This is demonstrated by the recent increase in crimes against the elderly in the Columbus area, rising from an average of 55-60 incidents per month to a reported 110 for April (nearly double).
...
Very few people in their seventies or eighties can fight off a mugger who is in his prime if they are unarmed. But give that person a defensive firearm, and suddenly the odds for survival jump significantly. Firearms are known as equalizers for a reason. An armed senior citizen is more than capable of defeating a criminal attack by a much younger and stronger assailant. ...


Gun control places women in danger:
The United Kingdom and Australia instituted gun bans in 1997. Between 1995 and 2006, women in the United Kingdom suffered a 76.5% increase in rape; by 2007 Australian women experienced a 29.9% increase. Meanwhile, rape decreased 19.1% in America.*

Today, women are raped twice as often in the UK as America, and Australian women are raped three times as often. This is damning evidence that gun control places women at greater risk. American women are hearing this message, and more and more are arming themselves every day, not only to protect themselves and their families from harm, but to ensure our government doesn’t enact laws which disenfranchise women. [emphasis added] ...


[Nebraska] City Council wants gun sellers' fingerprints recorded:
A proposed change in Omaha's gun ordinances could help police connect more criminals to their crimes.

Dealers of secondhand guns would be required to collect the fingerprints of people selling guns to them under an ordinance proposed by City Council President Garry Gernandt.

"I think this is a move to keep honest people honest and provide law enforcement with an additional tool in their investigation process," said Gernandt, a former police officer.

Currently, only pawnshops are required to collect fingerprints from gun sellers. Secondhand-gun shops such as Scheels, Carl Jarl Lock, Safe and Gun Co., and Guns Unlimited are not.

"We just want to be able to track back people who sell guns," said Police Chief Eric Buske. ...


[New York] Op-ed opposes microstamping:
Shifting political sands in Albany can cause just about any lawful gun owner heartache these days. If you haven't heard about it already, New York Senate Bill 4397A is a big reason.

Known as the crime gun identification act of 2009, this bill is being moved in the name of resolving those gun homicide cases that go unsolved for one reason or another.

According to the bill, "firearm micro-stamping is an evolutionary forensic technology that produces an alpha-numeric and geometric code onto the rear of the cartridge casing each time a semiautomatic pistol is fired."

The idea is that law enforcement can then use that code to identify the owner of the pistol and generally aid investigations.

Every new semiautomatic pistol sold in New York state would have to have this micro-stamping technology built into the gun, or it could not be sold here.

To those of us who legally own guns, this just doesn't make sense. To the non-gun owner, this bill sounds logical and that's the danger here. We need the folks who don't own guns to understand what this bill will go beyond its intent. Law abiding gun owners recognize the bill will not do anything to either solve homicides or reduce illegal gun trafficking.

Let me explain. The basic principle of the bill is that by requiring semiautomatic pistols to micro-stamp ammunition, law enforcement will able to trace the shell casings to the gun that micro-stamped it. Do you think criminals are going to run out and get one that can micro-stamp their ammunition?

Criminals who do bad things with any gun don't follow gun regulations regardless of what the law prescribes. If anything, micro-stamping laws may actually increase illegal gun trafficking. ...

Friday, May 22, 2009

Gun Rights News Roundup

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

[Florida] Folks flocking to firearm training:
... During his tenure in the Senate, Latvala helped pass a law that allowed concealed weapon permit holders to renew the license every five years, instead of annually. Since 2008, the permits are good for seven years.

Bunting handed out wallet cards showing a map of the 34 other states that honor Florida's concealed weapon permits under "reciprocity" regulations.

Another recent trainee under Bunting's tutelage was mother-daughter recruits Beverly and Rachel O'Connor.

"We've never seen so many women," Bunting said about concealed weapon courses.

The Second Amendment Club also has seen many women interested in firearm training and safety education sessions. About 35 college students, mostly women, attended one recent class.


[Texas] Campus carry bill passes First Reading:
College students and faculty members with a concealed handgun license would be able to pack their firearms on campus under a bill that the Senate tentatively approved on Tuesday. The measure, passed on a 20-10 vote, was offered by a state senator who said he wants to give Texas students protection against mass shootings such as occurred at Virginia Tech University in 2007. Sen. Jeff Wentworth, R-San Antonio, said the right-to-carry measure also would protect students from other life-threatening situations.

"When I read about massacre in Virginia (in 2007), I felt I would feel personally guilty if it woke up one morning and read that this had happened on one of our college campuses and I had done nothing to prevent it from happening," Wentworth explained to other senators. A series of amendments seeking to soften the bill were rejected as Wentworth argued they would infringe on the rights of Texans licensed to carry. One amendment would have allowed college governing boards to decide whether to allow firearms on their campuses. ...


[Louisiana] House shoots down "assault weapons" ban:
BATON ROUGE -- Legislation designed to impose a statewide ban on semi-automatic weapons was killed 10-2 by the House Committee on the Administration of Criminal Justice today.

House Bill 387 by Rep. Cedric Richmond, D-New Orleans, is dead for the session unless he can amend it on to another bill or get the full House to order the panel send it the bill.

Richmond said his fallback position will be to ask the New Orleans City Council to adopt a local ban on automatic weapons. ...


[California] San Francisco will fight NRA lawsuit:
A spokesman for San Francisco City Attorney Dennis Herrera said today the city will defend three gun control measures against the latest lawsuit filed by the National Rifle Association.

"We don't think there's anything in current federal law that endangers anything in San Francisco gun control provisions," spokesman Matt Dorsey said.

But Dorsey said he thinks the lawsuit is part of an effort by the Virginia-based NRA to "push the envelope" of the constitutional Second Amendment right to bear arms in the wake of a key U.S. Supreme Court decision last year.

In that ruling, which overturned a Washington, D.C. handgun ban, the high court said the Second Amendment encompasses an individual right to possess guns for self-defense.

The new lawsuit was filed in federal court in San Francisco Friday by the NRA, six San Francisco residents and a retired police officers' association.

It seeks to invalidate three gun-related provisions of the city police code. One provision, signed into law by Mayor Gavin Newsom in 2007, requires that handguns in the home be stored in a locked container or disabled with a trigger lock. ...


Public more conservative on Second Amendment:
The matter of gun control is moving to the right. More and more Americans favor the conservative view, that the second amendment gives them freedom to own a gun. Gun ownership is growing in popularity.

Attitudes on gun control are more conservative this year than last, mostly with men than women. Nearly as many people believe gun ownership rights to be important at 45% than to control it at 49%. Last year 58% believed control over guns was important as opposed 37% protecting gun rights. Women by themselves have a different view, with 60% of them believing it is more important to control guns compared with 30% placing emphasis on protection of gun ownership.

It is only in the East Coast that controlling guns has greater priority and there has been no change of opinion. Other regions of the country have moved at least 7 points towards gun ownership being important, indicating a growing movement toward the conservative view on guns. ...


[Iowa] Councilman speaks out for Second Amendment (video available at link):
Sioux City city councilman Aaron Rochester is speaking out about national gun control legislation.

He says talks of allowing authorities to search homes for unregistered guns goes against the right to bear arms, and he wants to make sure Sioux City police know it.

Aaron Rochester, City Council Member:"I think it's going against constitutional rights, and I think our police department in Sioux City should really know every bit of the second amendment so that they can interpret it and do things according to what our founding fathers meant."

Rochester's given council direction to make sure all new police officers have a thorough review of the second amendment. ...


[Nebraska] Governor signs preemption, limited church carry bill:
LINCOLN -- Two state senators hailed the signing of a new law on carrying handguns as a way to make certain law-abiding citizens aren't breaking the law.

Nebraska has had a concealed carry law for three years. More than 4,500 permits have been issued.

But State Sens. Tony Fulton of Lincoln and Mark Christensen of Imperial said passage of LB 430 this year will make sure that holders of permits will not run afoul of city ordinances that prohibit concealed carry.
...
Under LB 430, those who obtain state concealed carry permits would be exempt from any city ordinances banning such gun possession.
...
One aspect of LB 403 that stirred controversy is a clause that now allows churches to permit their security guards, if they have a state permit, to carry concealed guns.


Howard Nemerov tears apart another VPC claim (data and tables available at the link for the stats geeks):
... When it comes to homicide and overall violent crime, Table 2 tells a different story. Where “weak” states had much higher murder and violent crime rates in Table 1, the full dataset shows that “weak” states are safer: 19.8% lower firearms homicide and 6.8% lower non-firearms homicide rates. Moreover, the “weak” states had 21.5% less violent crime.

Bottom line: Suicide rates drive the difference between “gun death” in VPC’s “strong” and “weak” gun law states, but since “weak” states also have higher rates of non-gun suicide, VPC must either admit there are other causative factors besides gun availability, or admit that if more guns cause more suicides, then guns also cause less homicide and violent crime. As it stands right now, VPC’s own data proves that more guns in the hands of law-abiding citizens is an effective anti-crime tool.


On Obama's support for gun control treaty:
President Obama voiced his support for an anti-gun treaty with such wide ranging implications that it could ban everything from assembling guns in kits to repackaging spent shells.
...
The treaty was signed by former President Clinton, but never approved by Congress. It has gained approval in 29 other countries. Obama put his weight behind it during his whirlwind tour abroad late last month.

Yesterday’s passage of legislation that revoked the longstanding ban on guns in national parks proved that this treaty would probably fall by the wayside once more, said Larry Pratt, President of Gun Owners of America. But the fact that Obama voiced his support for it speaks volumes about the President’s view of the Second Amendment, after his famous claim to not “take away guns” from law-abiding Americans. ...


The New Prohibition?:
... Several people who have left comments on my columns have averred that they will not give up their guns without resistance. I fear that passing a law to fix the "gun show loophole" like the Lautenberg bill in the Senate or the Rush bill in the house will create a large, new class of criminals. Most of the appointees by the Obama administration have an anti-gun pedigree. The majority of Americans who care about the issue believe that this administration and a compliant congress will try to clamp down on gun ownership in the face of statistics that give lie to their stated motives. I see the huge jump not only in ammunition sales but also the number of guns being bought by first time buyers as a vote against further gun control, and a belief that congress will try to do it.

Where do you come down on the issue? Do you say "The duly elected representatives of the majority of Americans have said I must reach an unattainable level of perfection to own a gun, therefore I will obey the new law of the land and turn in my guns." Or do you say "The duly elected representatives of the majority of Americans have overstepped the intentions of the founders of America and I will not obey an unconstitutional law" knowing that at that point, the Supreme Court has not ruled on the law, and you are not on the Supreme Court. I suspect that millions of Americans will appeal to natural law, which predates the US Constitution. Our rights come from God first, and include liberty and the right to self defense. The US constitution is an attempt to codify and protect the natural rights of man. I predict that millions of law-abiding citizens will quietly decide not to follow this law if it is passed, and will join the felons and uncaught criminals who already don't obey the existing laws. This will erode respect for law overall among the most staunch supporters of the rule of law as provided by the US Constitution. If the government over-reaches with national permitting of gun-owners, (not just concealed carry which is bad enough) we will see disobedience like what occurred during Prohibition. ...


[D.C.] House approves National Parks carry amendment:
Gun rights advocates have found a sweet spot in Democratic-dominated Washington, and they are using it to aggressively push legislation.

Their latest victory came yesterday when the House passed a bill that will allow people to bring concealed and loaded guns into national parks. Advocates won with the help of moderate Democrats.

Those Democrats, many from states in the South and Midwest, joined nearly all House Republicans to back yesterday's provision, which has passed in the Senate and could become law this week. The gun bill passed 279 to 147 in the House with the help of 105 Democratic votes; 145 Democrats opposed the bill.

The legislation was the latest defeat for gun-control advocates, who had expected more success with a Democratic president and Democratic majorities in both chambers of Congress. ...

Comment: Because both chambers have now approved the measure, it won't be stripped out in conference committee as I had expected. Fortunately, I'm happy to be wrong on this. :)

Wednesday, May 13, 2009

Gun Rights News Roundup

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

[New York] Article: Senator Kirsten Gillibrand to introduce gun ban bill:
Senator Kirsten Gillibrand, Democrat and member of the so-called Blue Dog Coalition, plans to introduce an assault weapons ban this week. Gillibrand, the junior senator from New York, was at one time highly rated by the NRA for her advocacy of the Second Amendment.

Newsday claims Gillibrand has “undergone a transformation” over the last three months and has moved away from “her House record that won the NRA’s top rating while remaining a supporter of Second Amendment rights to gun ownership.” Since her Senate appointment, she has “passed just about every test on guns set by Rep. Carolyn McCarthy,” who reintroduced a bill closing the so-called gun-show loophole at a news conference last week.
...
Senator Gillibrand is working closely with gun-grabbing organizations, including New Yorkers Against Gun Violence and the Brady Campaign, according to Matt Canter, Gillibrand’s spokesman. New York City Police Commissioner Ray Kelly and others are working with Gillibrand on “anti-trafficking legislation to stop the flow of illegal guns,” Canter told Newsday. [emphasis added] ...


[California] Federal appeals court upholds gun manufacturer and seller liability protection law:
Firearms manufacturers and sellers cannot be held liable for criminal misuse of their products, a federal appeals court panel ruled Monday in a case stemming from a white supremacist's 1999 shooting rampage at a Jewish community summer camp in Granada Hills.

The suit brought by the mother of a man fatally shot by Buford O. Furrow Jr. and the families of five others wounded -- including three preschool children -- sought to hold Georgia-based Glock Inc., dealer RSR Wholesale Guns Seattle and a Chinese manufacturer liable for negligence.

In a 2-1 decision, the U.S. 9th Circuit Court of Appeals panel upheld the constitutionality of a 2005 federal law that retroactively shielded gun makers and distributors from responsibility for criminal acts involving properly functioning weapons. ...


[Utah] Lawmaker wants states rights gun law:
New protections for gun owners are on the agenda in Utah, where state Rep. Carl Wimmer is preparing to introduce a bill that would assert the state's sovereignty under the Ninth and Tenth amendments.

Utah apparently is following Montana's lead in attempting the plan that would protect residents' Second Amendment gun rights.

Wimmer intends his legislation to exempt from federal gun regulations any Utah resident seeking to own a firearm made in Utah.

Wimmer explained to WND that he intends to introduce a bill, not a resolution.

"A resolution has no teeth to it because a resolution amounts to a state saying to federal government, 'We are going to stand up and assert our rights, if you will let us please do so, federal government,'" said Wimmer. "A bill is an actual state law that will put into place the fact that if a firearm is manufactured in Utah, sold in Utah and kept within the boundaries of Utah, that firearm will be exempt from federal regulation under the Ninth and Tenth Amendments to the Constitution." ...


[Missouri] Lawmakers debate campus carry, but bill stalls:
JEFFERSON CITY - Only supporters made their voices heard at a Senate hearing on a bill that would allow guns on college campuses.

Five people defended a measure which would allow for college students to carry and conceal firearms on the state's college campuses.

Originally, House Bill 668 was a measure to lower the age for a gun permit to 21 from 23. But then the legislative process ran it course, which led to an additional amendment to allow for concealed handguns on college campuses.

The University of Missouri System and Missouri State University each opposed the measure when the conceal and carry provision was added.
...
Senate Judiciary Committee Vice Chairman Sen. Jack Goodman, R - Mt. Vernon, offered several opportunities for anyone to voice their opposition but no one did.

The committee chair, Sen. Matt Bartle, R - Jackson, has already spoken up in support of the bill. The measure needs only one more vote from the Senate Judiciary Committee before it reaches the Senate Floor.

By early Tuesday morning, it became clear the bill will not be able to go through all of the steps needed for it to pass before the legislative session ends this week.


[Nebraska] City amends concealed carry ban to conform to state law:
City officials passed an amendment Monday to allow concealed weapons, putting Beatrice in line with state statute.

The Beatrice Council approved 7-0, with councilman Calvin Carey absent, an amendment to the city’s ordinance that would allow for concealed weapon permit holders to carry within city limits.

Under previous city law, concealed weapons of any kind were not permitted within city limits. However, the amendment makes allowances for those individuals with a permit to carry. ...

Monday, May 11, 2009

Gun Rights News Roundup

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

[West Virginia] Ammo sales booming:
PRINCETON — An increasing demand for ammunition has led to its increasing scarcity on retailers’ shelves in both Virginias and across the nation.

In the past, hunters and other gun owners usually purchased a few boxes of ammunition at a time, but now they buy whole cases at a time when merchandise is available.

Concerns among gun owners that the new president’s administration will alter gun laws or increase taxes on ammunition sales is sending consumers to retailers. Some are looking for a new firearm, too.

“It isn’t necessarily because they (gun owners) are afraid of the government putting taxes on it. It’s because of the president we elected,” said Marlin Douglas of Douglas Sporting Goods in Princeton. “Right now, I can’t buy a small handgun from any of my suppliers because they’re totally out. It’s due to the fact of electing a president who has been a strong advocate to get rid of guns.”

The public has responded by purchasing more firearms; even people who did not own a gun are buying one, Douglas said. Demand for bullets of all calibers and shotgun shells has increased. ...


Karen De Coster says: Women, stop watching Oprah and learn to love guns:
... Women never cease to amaze me. The majority of them are still "afraid" of guns. Afraid, as in "oohhhh, they are so scary." They say things like "I don’t like them around" and "they’re dangerous." I know of women who have defense-minded, pro-gun husbands and they will not let their guy talk about those nasty things in their presence. Shhh, the children will hear, or, they might actually see an evil gun! Keep them locked away. Don’t tell the neighbors you have a gun in our house, or we’ll be outcasts. And in the background you can almost hear another feeble Oprah sermon keeping women stupid, but oh, they feel good about themselves and their newfound self-esteem.

All the time, women are shocked, shocked! to hear that I have a gun, and worse, I have several guns. And then, oh no, I actually carry one with me. That’s so odd, they think. Oh she’s different. Why more than one gun? She must be the aggressive type. After all, the Oprah way is to trust everyone and insist that all people have good intentions always.

Although I tend to think that most women don’t make sense, period, I especially believe this concerning the gun issue. It’s not only difficult to get women to come around to wanting a gun of their own, but they still can’t get to the point where they will understand and accept why others want to own them. ...


[Nebraska] High court says Sheriff wrongly denied man gun permit:
LINCOLN — An Omaha man who once expressed homicidal and suicidal thoughts was wrongly denied a state handgun buyer’s permit by the Douglas County sheriff, the Nebraska Supreme Court ruled Friday.

Joseph D. Gallegos had never been "committed" to a mental institution under the definition of the 1968 federal gun law, according to the court’s unanimous opinion.

He should not, therefore, have been denied a handgun permit in 2007, the court said. ...


[Colorado] Op-ed in favor of campus carry:
... Regents, it's time to realize that just because you may doesn't mean you should. Ask yourselves a few questions and open your minds to honest conclusions: Will a person who doesn't respect laws against rape, murder and other violence obey your gun rule?

Will a suicidal maniac with plans for murder, like the Virginia Tech psycho, opt for peace because you say "no guns"?

Gun bans have no effect whatsoever on the behavior of violent criminals. Those who obey them are the kind of people who brought this lawsuit. They are people like plaintiff John Davis, a University of Colorado-Colorado Springs senior who spent 12 years in the military and serves as a sergeant in the Army Reserves. Davis will obey your gun ban each time he steps foot on campus. If he ever hears shots ring out or sees students screaming and running, he won't be able to use his weapon and skills to save lives and bring peace. He will be hobbled by your rule. Davis won't be able to use what Miller said "any right-thinking person" must acknowledge as a legitimate hedge against crime.

Instead, Davis and others licensed to carry guns will run for cover and wait for police. As sirens wail in the background, the killer will kill and kill and kill. You and your policy will be at fault.

The Virginia Tech maniac had two hours to kill on a massive campus. Nobody could stop him because of the gun ban. The ban was more helpful to the lunatic than his own guns.

Protected by the ban, he could have killed at leisure with hammer or a knife. ...


[D.C.] Dept. of Justice report says FBI terror watch list "flawed":
Nearly eight years after the Sept. 11 attacks, the FBI's terrorist watch list is so flawed that at least 10 people who should have been kept out of the United States were allowed to cross its borders, an internal audit released Wednesday shows.

Department of Justice Inspector General Glenn A. Fine concluded that the bureau also was slow to remove names that should not have been on the list, leading to outcries from civil libertarians who have long been critical.

The list also audited more than 65,000 names and concluded that more than one-third were outdated. The whole list includes 1.1 million names, though aliases and variant spellings mean these represent fewer people.

"That the FBI continues to fail to place subjects of terrorism investigations on the watch list is unacceptable," said Sen. Patrick J. Leahy, Vermont Democrat and chairman of the Judiciary Committee, which has oversight of the FBI.

"Disturbingly, today's report reveals that in 72 percent of the cases, the FBI has also failed to remove subjects from the list in a timely manner. ... Given the very real and negative consequences to which people on the watch list are subjected, this is unacceptable." [emphasis added] ...

Comment: Remember, this is the same list the anti-gunners want to use to deny Americans the right to purchase or possess guns.


Columnist explains why liberals should get guns:
What is a life worth? We often hear about the thousands of people every year who kill themselves with guns, the thousands more who kill others with guns and the hundreds of lethal accidents that happen in a year with a gun. The anti-gun crowd wring their hands over this carnage and begs America to disarm. They believe that if we could get rid of guns, all these deaths could be avoided. This is wishful thinking and bad logic.

Estimates I have found for the worth of a human life range from $1 million to over 7 million, depending on who is doing the figuring. They factor in lost earnings, medical costs, and legal costs. Using punitive and "pain and suffering" awards from juries in civil cases, they try to calculate a cost for the intangibles such as the anguish of the bereaved family. Violent crimes not resulting in death introduce the pain and time of healing and physical therapy, and the permanent damage to the victims spirit and mind. Whatever amount you agree with, in America we value life, and seek to avoid people getting killed needlessly. Getting rid of guns among law abiding citizens will cause more, not less death and violence.

1. Removing guns from the hands of law abiding citizens does not remove them from the hands of criminals. As has been abundantly proven with drugs in America, we cannot stop the flow of anything illegal if there is enough demand for it. Criminals prefer guns as the tool of choice for their profession. ...


[Wyoming] State's congressional delegation supports National Parks carry bill:
U.S. Sens. Mike Enzi and John Barrasso, R-Wyo., have added their names as co-sponsors of a bill that would allow individuals to carry concealed weapons into national parks.

The legislation, called the Preservation of the Second Amendment in National Parks and National Wildlife Refuges Act, seeks to replace an administrative rule that has been mired in court proceedings since January that would also allow visitors to carry concealed weapons into national parks.

A federal judge in April struck down that administrative rule, which was set in place last December by the outgoing Bush administration, after several conservation and other groups filed a lawsuit.

“While the appeal of the rule to allow guns in national parks is a small setback, the pressure to do what is right and preserve Second Amendment rights in and out of national parks will not stop,” Enzi said in a statement released Thursday. “The Wyoming delegation is turning up the heat.”

The two senators join U.S. Rep. Cynthia Lummis, R-Wyo., who is co-sponsoring an identical bill in the House. ...

Comment: Unfortunately, given the anti-gun Democrat control of Congress, don't expect these bills to go very far.


David Codrea takes on latest "iron river of guns" to Mexico lie:
... Come we now to a new investigate report, from the Associated Press of all places. I'm astonished because it is not the usual ignorant propaganda I've come to expect. The headline says it all:
Mexico cartel weapons cache stymies tracing

And then we learn:
Deep inside a heavily guarded military warehouse, the evidence of Mexico's war on drug cartels is stacked two stories high: tens of thousands of seized weapons, from handguns and rifles to AK-47s...

In all, the military has 305,424 confiscated weapons locked in vaults, just a fraction of those used by criminals in Mexico...

A fraction? You mean there are...millions?

That ought to give us quite an inventory to trace, right? It ought to. But then we're told:
The Mexican government has handed over information to U.S. authorities to trace 12,073 weapons seized in 2008 crimes...

Wait a minute--they have the guns all neatly stored in a warehouse, inventoried, cataloged...if this is such a huge problem, we can't just get a printout? Mexican bureaucracy (if you buy into that being the real reason) won't allow it? So the easier solution is to adjust your and my rights accordingly?

But perhaps I'm being unfair. After all, we're told there's a Spanish language barrier that hampers the effort. Lord help us finding anyone in our government who can communicate in that obscure dialect.

And then we have this astounding admission:
About a third of the guns submitted for tracing in 2007 were sold by licensed U.S. dealers.

Really? Not 90% of "Mexican crime guns" (or "95% to 100%" if you shill for the Brady Campaign)?

And remember, that's a third of the relatively insignificant quantity of guns reported, vs. actually warehoused, and that assumes what is in official inventory reflects 100% of what has been seized. Any bets that it's even close? ...


Dave Workman says pundits, politicians, and press out of touch on guns issue:
Recent national polls by CNN, NBC News and the Wall Street Journal have revealed that support for new gun control measures is declining in the United States, despite efforts by the Obama administration and its media cheerleaders to demonize guns by sensationalizing recent shooting incidents, and the bloody drug war in northern Mexico.

In April, CNN polling found that 46 percent of Americans say existing gun laws are adequate, and another 15 percent believe they ought to be relaxed, while only 39 percent of those responding want stricter gun laws.

Also last month, an NBC News/WSJ poll revealed that support for restrictions on so-called “assault weapons” had dropped from 75 percent in 1991 to 53 percent today, which may have something to do with the rush on gun shops over the past six months by people buying those guns and case upon case of ammunition for them. ...


Obama blinks on scrapping Tiahrt Amendment:
... Meanwhile, the administration is steering away from another politically-sensitive fight by proposing only minor changes to a legislative language, known as the Tiahrt Amendments after Rep. Todd Tiahrt (R-Kansas), which limit the use of gun tracing data maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Obama’s budget would slightly ease restrictions on the use of the data. The changes would allow the tracing data to be shared with state and local officials even outside the context of a investigation of a specific crime. Localities could use the data to identify gun dealers who sell lots of guns traced to crimes, but rules prohibiting the use of such data for civil suits would remain in place. ...


Boo hoo: Brady Campaign's head says he's "profoundly disappointed" with Obama:
The Brady Campaign to Prevent Gun Violence is profoundly disappointed that President Obama has failed to follow through with his promises for 'openness' by reaffirming much of the so-called Tiahrt Amendments.

This means a continuation of the reckless Bush-era policies that endanger public safety and make it easier for criminals to obtain illegal firearms.

President Obama's proposal undermines the landmark Brady Law by continuing the dangerous Bush administration policy requiring the destruction of most Brady background check records in just 24 hours. ...


That was quick: Massachusetts governor files bill to close "loophole" due to state high court ruling, adds more gun controls:
Governor Deval Patrick is filing legislation today to reduce gun violence that includes a provision to restore a crime-fighting tool for prosecutors that was taken away by a court ruling Monday.

The bill would allow suspects to be held without bail pending a dangerousness hearing for charges that involve illegal possession, use, or trafficking of guns, the governor's office said.

The legislation would also create a new felony of using a gun while committing a misdemeanor, limit gun purchases to one per month, and require sales of guns by private parties to be recorded by licensed gun dealers. ...

Comment: See my post here for discussion of the high court ruling at issue. Typical that the Boston Globe would characterize the court's ruling as taking away a "crime-fighting tool" - the court simply ruled that mere unlicensed gun possession (without more) did not fall under the statute that authorized pretrial detention for those accused of certain serious felonies.


[California] Ammo bill shelved:
One of the worst pieces of anti-gun owner legislation in a number of years effectively has been tabled by the California legislature when Los Angeles Democratic Assemblyman Kevin De Leon's AB962 was put in the Suspense File by the Assembly Appropriations Committee on Wednesday this week.

While the bill can be revived, it is likely dead for this year.

The bill would have stopped the private transfer of more than 50 rounds of ammunition per month between individuals or by stores to individuals. It would have licensed and taxed anyone selling ammunition commercially and forced these stores to get background checks on anyone selling ammunition. It would have required a thumbprint from anyone buying handgun ammunition (and a costly bureaucracy to manage those thumbprints) and it would have banned all mail-order ammunition sales. [emphasis added]

The stated intent of the bill was to stop felons and gang members from getting ammunition. If you can figure out how those provisions would have somehow stopped that, give me a call and explain that to me. ...


[Wisconsin] Open carry bicycler stops robbery with gun in school zone, legal question remains:
RACINE — Four teens knocked a 42-year-old Racine man from his bike Friday night. He thought they were going to rob him.

The man pulled a Smith and Wesson revolver from his side holster, pointed it at the sky and yelled, “Gun!”

The four suspects ran, and the man flagged down a Racine police officer.

The incident will perhaps mark the first time a new opinion allowing open carry of firearms is put to the test here, as it conflicts with another state statute that makes it illegal to possess a gun within 1,000 feet of a school, if not on private property.

The Racine man involved, who asked not to be named and declined to comment on the alleged robbery attempt when contacted by The Journal Times, was assaulted in the 1100 block of Grand Avenue, which is within 1,000 feet of Walden School, 1012 Center St.

Police did not arrest the man. After he was treated for head and wrist injuries at the scene by Racine rescue, officers escorted the man home and returned his gun to him.

But that doesn’t mean charges won’t be filed against the man, and police are questioning how such situations should be handled in the future. ...


[Germany] More gun controls on the way:
BERLIN - THE GERMAN government has agreed to curb gun rights, two months after a 17-year-old killed 15 people with a pistol taken from his father's bedroom, according to press reports on Thursday.

The left-right 'grand coalition' has agreed to present a series of measures to parliament in late May tightening arms control laws, several dailies said.
...
The proposals on the table include banning paintball, a game in which players use air rifles to shoot ammunition filled with paint at opponents.

Lawmakers say the sport 'simulates killing' and should be outlawed.

The draft law would also bar youths under the age of 18 from shooting high-calibre guns at target practice and permit police to conduct checks at the homes of gun owners to ensure their weapons are under lock and key.

An electronic registry of firearms would also be introduced along with, eventually, biometric security systems to help ensure weapons are only used by their rightful owners. ...

Saturday, April 18, 2009

Gun Rights News Roundup

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

A Washington Times editorial calls Obama on the bogus stats:
The Obama administration is fudging when it claims that 90 percent of guns used in crimes in Mexico come from the United States. The bogus statistics are being used as an excuse to push gun control.

The Obama White House and the Mexican government are in agreement that Americans' rights to purchase firearms should be curtailed. Appearing on CBS' "Face the Nation" on Sunday, ahead of President Obama's trip this week to Mexico, Mexican Ambassador Arturo Sarukhan stated that "reinstituting the [assault weapons ban] could have a profound impact on the number and the caliber of the weapons going down to Mexico."

The ambassador used the 90 percent number to justify new gun bans in the United States. Mr. Obama, Attorney General Eric H. Holder Jr., Secretary of State Hillary Rodham Clinton and Homeland Security Secretary Janet Napolitano all have made policy recommendations based on this claim.

The gun controllers have to use phony statistics because the truth does not support their agenda. According to William La Jeunesse and Maxim Lott of Fox News, "only 17 percent of guns found at Mexican crime scenes have been traced to the U.S." On Friday, National Public Radio asked the attorney general about the Fox News analysis. Mr. Holder sidestepped the facts with more misleading data. "It almost doesn't matter if it's 60 percent, 70 percent or 90 percent," Mr. Holder claimed. "The reality is that too many guns are flowing from the United States into Mexico." ...


Attorney General Holder says "vast majority" of guns seized in Mexican crimes come from U.S.:
... Gun-rights advocates say the 90 percent figure is exaggerated, since Mexican officials estimate that only about one-third of the arms seized are handed over to the ATF to be traced. And, they say, not all of those can be traced because the serial numbers have been filed off. Chris Cox, chief lobbyist for the National Rifle Association, says he believes some quarters in the US are overstating the figure for political aim. "[Second Amendment rights] aren't going to be used as a scapegoat for the mayhem that's happening in Mexico," says Mr. Cox. "The idea that if we pass one more gun law in the US, these cartels are going to put their guns away - if it wasn't so sad, it would be laughable."

Instead, Mr. Cox says, Salvadoran gunrunners, Mexican Army deserters, and the global underground arms markets involving Chinese, Russian, and US military arms are just a few of the ways that Mexican criminals acquire weapons.

Mexico's southern border with Guatemala has long been an entry point for such weapons and today could account for 10 to 15 percent coming through, says Mr. Benitez. During the 80s and 90s, the arms used in Central American wars were a prime source for Mexico. But today, he says, the great majority streams from north to south, particularly for the crime networks operating along the northern Mexico border.

When asked about the disputed "90 percent" statistic during a visit last week to Mexico, US Attorney General Eric Holder said one thing is clear, even if the actual percentage is not: The "vast majority" of guns seized in crimes in Mexico come from the US, he told reporters. ...


Christian Science Monitor says gun, ammo sales booming:
What do an elderly Oklahoma homeowner, a Virginia Citizen Militia member, and a Texas airline pilot all have in common these days?

They're all part of America's massive gun-and-ammunition buying spree – a national arming-up effort that began before last year's election of President Obama and continues unabated. Across the United States, it has led to shortages of assault-style weapons, rising prices, and a broadening of gun culture to increasingly include older Americans, women and – gasp – liberals.

The causes are varied – from fears over crime, both rational and irrational, to the concern that Second Amendment rights will be curtailed by a Democrat-controlled Washington. With the stock market deeply uncertain, some buyers simply think guns are a good investment. The run on guns suggests a shift in public attitudes about gun rights, and it presents a snapshot of a country that has historically turned to powder and balls in times of turmoil.

"There's the sort of stereotype that gun owners were middle-aged Republican white men who were fairly easy to isolate ... in order to regulate them out," says Brent Mattis, a shooting instructor in Florida. "Now that more women are owning guns, more liberals are owning guns, and just average everyday people who want to keep themselves and their family safe. It's turning into an incredibly strong political phenomenon." ...


[California] Police department may face charges over lead at school:
The Los Angeles County district attorney's office is considering whether to file criminal charges against the Redondo Beach Police Department after hundreds of potentially hazardous lead bullet fragments from its firing range were found at a nearby elementary school and in the surrounding neighborhood.

Sandi Gibbons, spokeswoman for the district attorney, said Monday that prosecutors were "looking at specific criminal violations" and were continuing to review the material. They could also file civil charges against the police department.

According to documents from the state Department of Toxic Substances Control, which turned over the results of its investigation to prosecutors, the lead fragments appear to have come from the police department's outdoor shooting range. During training, lead bullets hit metal targets, broke into fragments and ricocheted into the Torrance neighborhood that grew around the shooting range, which was built more than 60 years ago.

After toxic control found "elevated lead levels" in the sandbox at Towers Elementary School, across Beryl Street from the shooting range, the school replaced the sand, finishing the job a day before school opened in September.
...
Toxic control found 330 metal fragments at the elementary school, including on the cafeteria roof, seven in a sandbox at the park and others on the roofs and lawns of homes, according to the letter to Redondo Beach officials.

Webb disputed the state's contention about the lead's origin. "I think evidence as part of our investigation is that there are neighbors who are spreading the lead," he said. "Certainly we think people for their own political agenda, to get the range closed down, were salting the mine, so to speak."

A group of about six people called Concerned Residents Against Pistol Range Redondo have complained for several years about noise from the firing range. ...


[Germany] German gun owners face increased scrutiny in wake of mass shootings:
In a low-ceilinged room in west Berlin, a gunman steadies himself, aims and fires. The noise is startling even through sizeable ear protectors, but he doesn’t flinch before pulling the trigger again. Despite the Magnum revolver he looks like an off-duty lawyer, which he is, down to his shiny brown brogues.

Next to him, firing a similar weapon at the cardboard targets 25 metres away, is a ginger-bearded mechanic in a baseball cap. It is practice night at Kleinkaliberschützen Berlin (Small Calibre Shooting Club Berlin, or KKS), and an eclectic handful of men — the one woman present doesn’t appear to move out of the common room — have come to take part in one their country’s favourite pursuits. To British ears, guns plus Germany means wartime armies or dramatic shooting sprees, particularly in the wake of last month’s school massacre and this week’s bloody gun attack in a Bavarian courthouse. But guns are part of the national culture, and their appeal stems from the centuries-old hunting, sporting and back-to-nature traditions of German life rather than the more recent penchant for militarism.

There are more than 15,000 gun clubs in Germany with around 1.5 million members, not to mention the legions of hobby hunters. There are roughly 10 million legally-held guns and perhaps double that in unregistered weapons, making it the fourth-largest civilian firearm-holding nation in the world behind the US, India and China, according to the Geneva-based Small Arms Survey. Every summer Schuetzenfest, or shooting festivals, take place in towns and villages across the country and in some places are the centrepiece of the civic calendar. But guns are now, in the wake of recent events, under scrutiny. ...


[Alaska] Rep. Young packs heat at gun rights meeting:
Rep. Don Young was packing heat at a public meeting, and the crowd fully supported it.

Young addressed the Second Amendment Task Force, a gun rights group, Monday in Fairbanks. Young went straight to the meeting from the airport so he didn't have a gun with him.

But he gladly strapped on a borrowed holster with a Smith & Wesson .44 Magnum in it. He said "this feels pretty good," and posed for pictures with group members.

About two dozen people in the restaurant audience also had
handguns holstered at their sides. ...

Comment: It's hard not to like Alaska, ain't it? When was the last time your elected representatives openly carried at a public meeting?


[Iowa] Lawsuit challenges discretionary-issue CCW law:
A trial date is set for next year for a father and son from Osceola County who filed a federal lawsuit challenging an Iowa law giving local authorities power to decide who gets permits to carry weapons.

The lawsuit was filed last fall by Paul Dorr and his son Alexander Dorr, both of Ocheyedan.

The suit names Osceola County Sheriff Douglas Weber, the sheriff's department and the county. It claims the law used to deny them nonprofessional carry permits is unconstitutional. ...


[Nebraska] Guns in churches bill advances:
A Nebraska bill that would allow church security guards to carry concealed handguns advanced in the state legislature on Thursday.

The church provision was tacked on as an amendment to a measure that prohibits cities from having their own ban on concealed weapons.

State lawmakers voted 29-15 to adopt the amendment and 40-4 to advance the bill.

The amendment was introduced by Sen. Beau McCoy of Omaha whose decision was prompted by recent shootings and violence at other churches.

"A house of worship is a sacred place," McCoy said, according to Fremont Tribune. "And as such, it should be kept that way." ...

Comment: Obviously, the measure should not be limited to security guards, but well, baby steps, I guess.


[Ohio] Op-ed advocates concealed carry for residents of neighborhood:
... But there is no street credibility to be gained by robbing a hardworking man of a few dollars. Reputations are earned with gunplay and brutality. That is the punk mindset so rampant in our streets.

So now what?

The Glenville neighborhood where Jason was killed is a violent place. Street robberies are common, although many don't get reported.

The city has tried periodic gun sweeps and gang patrols to stifle the terrorists who feed on those who remain trapped or loyal to the neighborhood.

But it's not enough.

Glenville, like so many neighborhoods in this crime-ridden city, needs a militia - a militia of committed, responsible citizens willing to reclaim the streets.

It starts with turning in Jason's killer.

It also starts with more people exercising their rights to obtain permits to carry concealed weapons and embarking on street patrols. I'm not advocating vigilantism. But if criminals know that armed, law-abiding people are walking the streets, maybe the criminals will stand down. ...


Napolitano stands by "right wing extremist" report:
Homeland Security Secretary Janet Napolitano said Wednesday that she was briefed before the release of a controversial intelligence assessment and that she stands by the report, which lists returning veterans among terrorist risks to the U.S.

But the top House Democrat with oversight of the Department of Homeland Security said in a letter to Ms. Napolitano that he was "dumbfounded" that such a report would be issued.

"This report appears to raise significant issues involving the privacy and civil liberties of many Americans - including war veterans," said Rep. Bennie Thompson of Mississippi, chairman of the House Homeland Security Committee, in his letter sent Tuesday night.

The letter was representative of a public furor over the nine-page document since its existence was reported in The Washington Times on Tuesday.

In her statement Wednesday, Ms. Napolitano defended the report, which says "rightwing extremism" may include groups opposed to abortion and immigration, as merely one among several threat assessments. But she agreed to meet with the head of the American Legion, who had expressed anger over the report, when she returns to Washington next week from a tour of the U.S.-Mexico border. [emphasis added] ...

Saturday, April 4, 2009

Gun Rights News Roundup

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

[Virginia] Gun, ammo sales rising:
Ammunition was running out so fast at a gun show late last year in Richmond that one man tried to grab a big can of .223-caliber bullets just as another guy was trying to pay for it.

There was an argument. “One guy’s coming over his shoulder trying to grab” his can of 500 rounds of ammo, recalled Josh Golden, a gun and ammo dealer who was selling items at the Richmond Gun Show that day on Nov. 15. “They were his, and he was going to let him know that they were his.“

In November, firearms transactions spiked about 60 percent over November ‘07 in Virginia, and they’re up so far this year, too, according to the number of state police background checks for firearm purchases.

Also, dealers in Virginia and elsewhere say ammunition sales are soaring and it is difficult to keep certain items in stock.

The reasons: worries about what President Barack Obama and a Democrat-controlled Congress might do with gun legislation, about the possible return of the assault-weapons ban and about increased crime during the recession.
...
Joe Cacciotti of Chesterfield said people have learned they can’t trust the government and they don’t feel like they are being represented, adding that criminals get only a slap on the wrist.

The first time a law-enforcement officer goes into someone’s home and confiscates his gun, he said, that will be "the first shot being fired for the second American Revolution to begin." [emphasis added]

Meanwhile, the gun business is thriving. Bob Moates, who owns three gun stores in Virginia, including one in Midlothian, says he hasn’t seen such brisk business since the mid-1960s, when there were race- and anti-war riots across the United States.

This will last longer, he believes, because there is a fundamental fear of what will happen to gun rights.

"People are very concerned about his allegiance to the Second Amendment," he said of Obama. The administration’s stance on guns is "very dubious."

Jerry Thompson, president of Dominion Shooting Range on Turner Road in Chesterfield, said he is seeing ammunition shortages in almost every caliber. That is hurting his shooting-range business, he said, but he is seeing increased interest in firearm-safety classes for people seeking concealed-weapon permits.

"We’re scheduled 60 days out," he said. "Before, every once in a blue moon, we would have an overflow class. Now we have three overflow classes going." ...


[New Hampshire] Op-ed: Gun, ammo sales rising, gun control debate continues:
Like it or not, gun sales are, well, booming. There are a number of reasons, but the most prevalent is people are afraid the Obama administration, sooner or later, will get around to creating more-restrictive gun ownership laws and taxes. And those are not unfounded fears.

So gun owners are stocking up on ammunition, handguns and semiautomatic rifles. Sales are up 50 percent since Barack Obama was elected.

And gun-control advocates have taken notice.
...
The debate over gun control has been a long one, and it will continue.

More laws placing restrictions and bans on some types of weapons are possible. More laws regulating the sales of guns are also possible. Higher taxes on gun and ammunition are possible.

But there are plenty of proponents of gun ownership to challenge and argue against such regulations.

The Second Amendment still gives Americans the right to keep and bear arms. Gun ownership and possession are legal in this country.

People use them for hunting, for target shooting, for collections, for protection.

Sadly, some people use them in robberies and murders. But such people are breaking our laws when they do so. Such are not the actions of responsible gun owners. And no law can totally prevent such actions. ...

Comment: Like so many in the media (and some gun owners), the editorialist gets it wrong when he/she says that "[t]he Second Amendment still gives Americans the right to keep and bear arms." (emphasis mine) No, the Second Amendment merely protects a pre-existing fundamental human right.


[Florida] Gun, ammo sales rising, CCW permit applications up:
TAMPA - Fear has some people turning to guns for protection.

"We're on track to selling twice as many as we sold last year," said Andre Chiasson of A-1 Pawn Shop in Seminole Heights.

Some people are worried about the recession; others believe a new president will mean bans on weapons.

Chiasson's store sold about 600 guns in 2008. During the first three months of this year, customers have bought 300. It's a trend statewide and beyond.

Federal and local agencies don't track gun sales. One method of gauging the increase is by looking at new applications for concealed weapons permits. The Tampa Bay area is on pace this year to exceed permit applications from previous years, according to the Florida Department of Agriculture and Consumer Services.
...
"People really want to protect what's theirs," said Bruce Kitzis, manager of Shoot Straight Guns & Range near the Florida State Fairgrounds.

He's seeing more first-time buyers and more customers interested in obtaining concealed weapons permits. Shoot Straight recently added a third weekly class to help new owners fill out the cumbersome state application and learn to use their guns – a permit requirement. ...


[Oklahoma] CCW permit applications up:
Concealed carry licensing is becoming more popular with Oklahoma residents.

According to reports from Oklahoma State Bureau of Investigation (OSBI), 8,799 self defense act licenses were approved in 2002. Five years later, OSBI issued 18,510 permits in 2008. Females licensed in the state last year numbered 4,237, while 14,273 men obtained their permits.

The bureau issued 16,426 permits in 2007, 9,591 in 2006 and 10,450 in 2005.

Sergeant Brent Crittenden of Pryor Police Department said he is getting a lot more calls from people interested in obtaining a concealed carry permit. He has been teaching the self-defense class for over five years. Crittenden said last year has been his busiest.

Crittenden, range master for the Pryor police, has trained police officers in firearm instruction for over 20 years. He trains new recruits at the state police academy.

Crittenden will be teaching a concealed carry class at Pryor Creek Community Church on Sunday, April 5.

Pryor Assistant Police Chief Derek Melton, pastor of Pryor Creek Community Church, said his church wants to open the class to the community.

“We want guns in the hands of the right people,” he said.

Melton, who has over 20 years’ experience in law enforcement, said statistics have shown that crime dropped in Oklahoma after the state passed a concealed carry law.

“We’re pro-Constitutional,” Melton said. “We’re guardians of the Constitution.”
[emphasis added]...

Comment: Good to see an assistant police chief (and pastor!) support the right to keep and bear arms. Can you imagine a church in, say, New Jersey hosting any form of firearms-related class ("ordinary" citizens can't carry in New Jersey, so concealed carry classes would be out of the question)?


[Minnesota] Legal protections for self-defenders under consideration (item is about 2/3 of the way down the page):
... A bill awaiting Minnesota legislative action would legally protect people who use deadly force to defend themselves against criminals.

The proposal would rewrite laws regulating the use of deadly force in self-defense, extending protection to cars and businesses. Current law only protects victims while inside the home.

“Currently, you would have to wait for the person to step to you and attack you and put you in fear of great bodily harm or witness him commit a felony in your presence before you could use deadly force,” said the bill's author, Rep. Tony Cornish, R-Good Thunder.

If a person enters a home without permission, then “there is a presumption that he is there to do you at least substantial bodily harm,” Cornish said. “He ain't there to sell Girl Scout cookies.”

Sen. Pat Pariseau, R-Farmington, said some people get sued by criminals after they defend themselves. Pariseau said this is “not a license to go out and shoot people.”

“We have to enable people to not be placed in a position of legal risk,” Rep. Steve Drazkowski, R-Wabasha, said.

“You shouldn't have to back down,” Sen. Bill Ingebrigtsen, R-Alexandria, said. ...


[Tennessee] Guns in restaurants bill stalls:
The guns-in-saloons bill has stalled in the state House tonight with lawmakers fighting over whether they should set a curfew for customers to surrender their weapons. The sponsor, Rep. Curry Todd, thinks handgun carriers should have to give up their guns at 11 p.m. "The NRA was OK with this," Todd told the House.

The House voted 62-29 to add the curfew to the bill. But many Republicans objected even to this restriction on Second Amendment rights, and Rep. Brian Kelsey then offered an amendment to strip the provision. After Todd could muster only 32 votes to table that amendment, he withdrew the bill from the floor. He said he'd try again next Monday.

The House had been expected to adopt the bill by a large margin. There are 46 sponsors, and a cocky Todd said at one point, "If I asked all the co-sponsors to come up here, there wouldn't be anybody in their seats." ...


[West Virginia] Permit privacy battle underway in state legislature:
CHARLESTON — A renewed battle over the public’s right to access permits to carry concealed weapons is playing out in both chambers of the West Virginia Legislature this week.

A vote is planned at mid-week in the Senate on SB378 that is designed basically as a reciprocity pact, one that allows West Virginia and other states to recognize each other’s concealed permits when residents travel to and from one another.

Attached to that proposal, however, is a controversial provision that says the public has no right to pry into government records through a Freedom of Information Act request to see just who is allowed to pack a hidden firearm in public.

Philip Reale, an attorney and lobbyist for the West Virginia Press Association, insists this is bad public policy.

“It is important for the public generally to have access to information about the actions of those who govern them,” Reale said Monday.
...
Leading the charge for SB378 and its privacy policy is the National Rifle Association, whose legislative liaison, Jordan Austin, says it is vital that an individual’s privacy be maintained when a gun permit is issued.

“When records like that are published, it puts people in danger and at risk,” he said.

When a name is identified in the news media as the holder of a concealed permit, Austin said, the criminal element knows immediately that a firearm is in the home, and when the individual is away at work, the home could be burglarized.

Moreover, Austin painted a dark scenario in which a woman might leave an abusive, threatening spouse, obtain a permit, and move to a new location, only to have her name and address published in a newspaper. ...


[Texas] Gun control at heart of Old West shootout:
LAMPASAS - Some might call it ironic that the most notorious, old west gunfight in Lampasas probably came about, indirectly at least, over an attempt at gun control in the Hill Country town.

According to local historian Jeff Jackson, the 1873 shooting in a Lampasas saloon resulted in the death of four state police officers at the hands of the Horrell family and possibly their gang members during a shootout.

At the time, Lampasas was a wild town and guns were commonplace.

“That shooting is really about gun control, something we still have going on today,” Jackson said.

He explained that the saloon shooting was triggered a few months earlier. At that time Lampasas Sheriff S.T. Denson was shot and injured while attempting to arrest brothers Wash and Mark Short in January 1873.

As a result of pleas from Lampasas city officials, Gov. Edmund J. Davis issued a proclamation prohibiting sidearms in Lampasas County. Jackson said the governor sent state police to town to post the new proclamation in February, but they left soon after. ...


[Tennessee] Senate to vote on permit privacy bill:
NASHVILLE - A proposal to close public access to the database of state-issued permits to carry loaded handguns is headed for vote in the Tennessee Senate.

The Senate Judiciary Committee on Wednesday advanced the measure sponsored by Senate Majority Leader Mark Norris, a Collierville Republican, a 6-2 vote. ...


[Nebraska] Lawmakers pass bill allowing lawful church carry:
LINCOLN - Guns and God would go hand-in-hand, at least for a majority of Nebraska legislators.

But clergy are either shouting hallelujah or heaping scorn on those who would let church security guards pack some heat.

"I don't like it," said the Rev. Harry Buse, pastor of St. Leo Catholic Church at 102nd and Blondo Streets in Omaha. "I would like to think that we wouldn't need guns in church, though I realize times have changed."

Across town at King of Kings Lutheran Church, an official said security guards have been a fixture at worship services there since the 2007 shootings at the Westroads' Von Maur store and at a Colorado Springs, Colo., church.

The guards include off-duty law enforcement officers who are already authorized to carry guns.

Comment: A good start, perhaps, but they need to also allow "ordinary" permit holders to lawfully carry in church as well.

Thursday, March 12, 2009

Nebraska vet wins appeal of permit denial

From the Cornhusker State:
OMAHA, Neb. -- Tim Mechaley trained fellow Marines to fire .50-caliber machine guns. He qualified as a marksman. He fought in the battle for Fallujah and received a combat medal with a "V" for valor.

Back home, he uses a rifle for target shooting.

Yet, when Mechaley sought to buy a 9-mm Ruger pistol for protection at his midtown apartment, the Omaha Police Department rejected his application for a gun permit.

"I was trusted by the {federal} government to carry a loaded weapon, but now I am not allowed to purchase one by my local government," he said.

Mechaley, 32, has received counseling for post-traumatic stress disorder related to his service in Iraq. While completing an application for a gun permit, he responded "yes" to a question that asked whether he was being treated for a mental disorder.
...
Mechaley compiled his gun-permit research into an appeal. He took a vacation day recently from his job as a computer technician to present his case to the city's administrative board of appeals. He documented his claims of weapon proficiency, military service and valor.

If he had it to do over again, Mechaley told the appeals board, he would not have circled yes in reply to the question about being treated for a mental disorder.

"Some of our brave police officers also suffer from PTSD as a result of trauma in the line of duty, and they are allowed to carry a weapon," Mechaley wrote in a letter to the board.

Police department representatives who attended the hearing did not oppose Mechaley's appeal.
...
The department handled more than 4,500 gun registration applications in 2008. Of those, 39 were rejected. Twenty-three rejections were appealed, and nine of those were reversed.

The appeals board needed fewer than 10 minutes before voting 5-0 to grant Mechaley a gun permit. ...

Article here.

Friday, January 23, 2009

Nebraska cities can't ban guns, says Attorney General; cities disagree

From the Cornhusker State:
LINCOLN — City officials across Nebraska were reviewing their options Wednesday in light of an attorney general's opinion that said state law trumps local ordinances banning the carrying of concealed weapons.

Lynn Rex, executive director of the League of Nebraska Municipalities, said one possibility might be to seek legislation yet this year.

"We are still in the process of assessing the opinion," she said.

Rex said the opinion will be a major concern for the communities that have set tighter restrictions on where holders of permits may carry concealed handguns. She said the state law would not have passed had it not allowed a local option.

Local concealed weapons ordinances were believed to be allowed under a state law that lists the authority granted to cities and towns.

But in the opinion, Attorney General Jon Bruning's office quoted portions of the concealed carry law that say a permit is "valid throughout the state" and that "a permitholder may carry a concealed handgun anywhere in Nebraska" with certain exceptions.

The concealed carry law does not explicitly allow local bans, according to the opinion. Without such express permission, state law would predominate.

State Sen. Mark Christensen of Imperial, who sought the opinion, said he did so because he was tired of battling legislatively to force cities and towns to repeal local bans. He tried and failed to get such legislation in 2007.

Now he believes that cities and towns with local concealed weapons ordinances will have to change their laws or risk being sued.

Article here.

Of course, getting anti-gun mayors, city managers and police chiefs to obey the law on their own is another story:
KEARNEY — Hub Territory cities can continue to ban the carrying of concealed weapons despite the Nebraska attorney general’s opinion.

Attorney General Jon Bruning announced an opinion Wednesday that a conceal-carry law passed in 2006 applies to all communities, despite clauses that allowed cities local control.

Lexington City Manager Joe Pepplitsch said until he hears differently, he will assume that Lexington’s ban remains in effect.

“An attorney general’s opinion has no legal effect. There’s a lot of questions about it, but we’ll probably take no action,” Pepplitsch said. “We have an ordinance prohibiting concealed weapons, and it doesn’t pre-empt any other laws, so for us it’s a nonissue. We’re not taking any action on it.”

Article here.