Gun-Show Bills Still Alive in Congress: Paul Smith loves guns, and he loves to collect them. Always working to update his collection, he took a Ruger .357 Magnum revolver and headed to a gun show last weekend, hoping to get $400 and find something better. "I like to trade and collect," said Smith, 68, a farmer from Loving who went to the Texas Gun & Knife Show at the Will Rogers Memorial Center. What he doesn't like is a bill in Congress that he believes could curtail the way he expands his collection, by requiring criminal background checks for private sales at gun shows. "I don't think it's any of their business how many guns you own, as long as you haven't been convicted of a serious crime," Smith said. "Our forefathers gave us the right to bear arms. They [Congress] shouldn't be trying to take it away." ...Rep. Carolyn McCarthy, D-N.Y., is among those pushing the Gun Show Loophole Closing Act of 2009, which is in a House committee. A Senate committee has a similar bill... (Actually, our forefathers believed that the right to keep and bear arms was given to us by Nature and Nature's God.) http://www.star-telegram.com/804/story/1494143.html?storylink=omni_popular --- F Troop Fights Back: A line was drawn in the sand last week - a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution. (Editor's note: A similar response was sent to Montana Firearms licenses on 07-16-09 as well) Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power, the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7. The House companion bill, HB1796 previously passed the House by a vote of 87-1. Governor Breseden allowed the bill to become law without signing... http://www.tenthamendmentcenter.com/2009/07/18/the-battle-begins-atf-vs-the-constitution/ On Friday, we saw the letter ATF sent to FFL dealers in Tennessee telling them the Bureau was overriding the state's Firearms Freedom Act, and would continue to impose federal requirements in disregard of state law. They've done the same thing to Montanans... http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m7d19-ATF-to-Montana-You-will-respect-our-authoritah --- The Beat Goes On: Fear of the Obama administration passing tighter gun control laws continues to fuel the sales of guns nationwide and locally has led to shortages of ammunition and reloading supplies at retail... However, President Obama's most notable gun-related act thus far was signing a bill in May that expanded gun rights. The bill dealt mainly with credit card debt, but contained an amendment allowing concealed and loaded guns in national parks and refuges. Nevertheless, Coxe estimates his sales are up 15 to 25 percent since President Obama took office in January. "He's the best salesman we've ever had," Rayco employees Ray Calver and Lee Bickham both said. Calver predicted that in Obama's second term, when he no longer has to worry about re-election, "that's when he'll starting taking our guns." ...(Obama's second term? Even I don't expect that, so long as the Republicans don't really screw up.) http://www.juneauempire.com/stories/071909/loc_465729780.shtml National Rifle Association firearms instructor Lee Merriman says a lot of people fear the criminal elements around them. That is keeping Merriman busy these days as he trains people from all walks of life to use a firearm safely. "I have a lot of older people who live in bad areas of Peoria who are scared," said Merriman... Merriman said the number of people requesting tutoring in gun usage is increasing. His August class is full. Merriman's class may get fuller as more and more the push for concealed carry comes to the forefront in Illinois. In recent weeks the city of Peoria volunteered to be a test city for a concealed carry law. Bartonville promptly followed suit, requesting to be a part of any pilot program agreed to by the state... Bartonville Police Chief Brian Fengel said the council and the police department looked at the sheriff's association survey and agreed that law abiding citizens should have the right to possess and carry a concealed firearm. Fengel said 48 states have a concealed carry law that allows law abiding citizens to carry concealed firearms. Illinois and Wisconsin are the only two that do not. Chicago politicians do not support a concealed carry law, said Fengel, which has made if difficult to get legislation passed to allow for it... http://www.pekintimes.com/news/x931238812/Officers-weigh-in-on-concealed-carry-law Talk of bringing concealed-carry legislation to Illinois gives many residents a fear of the unknown. Several local police chiefs and other personnel said putting fear into the minds of criminals on the streets is also one of the best arguments for allowing concealed carry... Illinois and Wisconsin are the only two states without some type of concealed-carry law. In February, the Illinois Sheriffs' Association passed a resolution supporting a concealed-carry law in Illinois, with several conditions in place. Then in May, Peoria Mayor Jim Ardis expressed public support for Peoria becoming a test city for statewide legislation that would allow people to carry guns in a responsible way. During a recent 10-week stint at the FBI's National Academy, which brought 250 worldwide law-enforcement executives to Quantico, Va., Peoria Police Chief Steven Settingsgaard said, "Everyone I spoke to was in favor of concealed carry." ... http://www.pjstar.com/news/x1730895291/Police-say-concealed-carry-law-would-deter-criminals --- The Beat Goes On?: Violent crime has plummeted in the Washington area and in major cities across the country, a trend criminologists describe as baffling and unexpected. The District, New York and Los Angeles are on track for fewer killings this year than in any other year in at least four decades. Boston, San Francisco, Minneapolis and other cities are also seeing notable reductions in homicides... Criminologists have different theories about why crime is down so much, although many agree that the common belief that crime is connected to the economy is false. Whatever the cause, police across the region are taking credit for the drop... (Not surprisingly, The Washington Post does not even consider the tremendous surge in the private ownership of firearms and issuance of concealed-carry permits as a factor that may be dissuading criminals. Granted that carry permits are not readily available in many of the cities cited, criminals are aware that some potential victims may choose to carry without a permit. Condensed version of article is available at http://www.newsmax.com/newsfront/crime_plunges_in_cities/2009/07/20/237599.html).) http://www.washingtonpost.com/wp-dyn/content/article/2009/07/19/AR2009071902154.html?nav=hcmoduletmv --- Build Your Own "Assault Weapon: ... What this results in are calls to ban semi-automatic firearms because of convenience or appearance features, not because they function any differently from other semi-autos, that is, one shot per trigger squeeze. We get ignorant anti-gun politicians like Carolyn McCarthy calling for banning safety features like barrel shrouds, when she clearly doesn't even know what they are. And we get opportunists like Jersey City Police Chief Thomas Comey, who would extend the "assault weapon" definition to include pump-action shotguns. Years ago, some friends in the now-defunct The Lawyer's Second Amendment Society came up with a poster intending to highlight the absurdity of cosmetic gun bans. This parody piece really brings home how ridiculous they are... http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2009m7d18-Gun-rights-101-How-can-you-build-an-assault-weapon --- The Sky Is Falling!: Sen. Charles Schumer warned that Republican "sneak attack" legislation could render New York State's law requiring handgun owners to obtain concealed carry licenses toothless. The legislation, an amendment to the defense appropriations bill offered Friday by Sen. John Thune (R-S.D.), would require New York and other states that issue concealed carry firearms permits to honor such permits issued in other states. "To say that someone who gets a license in another state can then take their gun into Central Park or into Eisenhower Park without any checking with local law enforcement is appalling and could affect our safety," Schumer (D-N.Y.) said in an interview. Sen. Kirsten Gillibrand (D-N.Y.), who opposed restrictions on gun ownership as an upstate congresswoman, opposes the amendment, her spokeswoman said Sunday. New York is one of 10 states that does not recognize concealed carry permits issued by other states... Schumer estimated the amendment has the support of about 55 senators and pledged a filibuster to prevent a vote on the amendment if necessary... (S 845 is very tempting - I'd love to be able to carry legally in California so that I could go see my new granddaughter. However, federal laws can be amended and I fear eventual federal standards for permit issuance. The feds can enforce their standards by denying funds, as in the case of the 55 mph speed limit. As I recall, the Gun Control Act of 1968 was passed as an amendment to the pre-existing [and unconstitutional] National Firearms Act of 1934.) http://www.newsday.com/news/local/politics/ny-poguns2012984823jul19,0,5836292.story ...Under Amendment No. 1618 (formerly S. 371) to the FY 2010 Defense Authorization bill (S. 1390), introduced by Senator John Thune (R-South Dakota), citizens who hold a valid permit to carry a concealed weapon - typically called a CCW (Concealed Carry Weapons) permit - issued by their home state would be allowed to carry a concealed weapon in any other U.S. state that also issues concealed carry permits. According to the National Rifle Association, 40 states currently issue some form of concealed carry permit. The states of Illinois and Wisconsin completely ban the carrying of concealed weapons... (I believe that NRA is misquoted - only the two states cited lack statutory provisions to issue concealed-carry permits; ten states are "may issue," with Alabama being "shall issue" for all practical purposes; Alaska is permit-optional and Vermont neither requires nor issues permits.) http://usgovinfo.about.com/b/2009/07/20/nationwide-concealed-firearms-system-weighed-by-senate.htm --- New York Towns Oppose Further Infringements: Both East Randolph and Randolph village officials are opposing several bills from the state Assembly and now pending in the state's Senate, regarding gun control. Among those bills are: Requiring the re-licensing of firearm licenses after five years. Requiring the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting. Prohibits the sale of pistols or revolvers by any person, firm or corporation in the retail business of selling guns which does not contain child proofing features built into the design of the gun. Bans the sale, use or possession of 50-caliber or larger weapons Requires semiautomatic pistols manufactured or delivered to any licensed dealer to be capable of micro stamping ammunition, and Broadens provisions relating to eligibility for a firearms license... http://post-journal.com/page/content.detail/id/535252.html --- Colorado ACLU Backs Open Carry: OpenCarry.org joins the ACLU of Colorado in expressing alarm at Loveland, CO Police Chief Luke Hecker's policy that police officers may detain and search any person possessing a firearm and not release them until they provide identification and acquiesce to serial number checks on that firearm. Hecker's police officers reportedly detained and searched a 71 year old man openly carrying a holstered handgun at Lake Loveland. As a bullying tactic, the police ominously warned the man that "he could expect similar treatment should similar encounters occur in the future." ... http://www.ammoland.com/2009/07/19/aclu-of-colorado-takes-on-illegal-searches-of-open-carriers/ --- Open-Carry Advantage?: Police in San Diego County were searching Sunday for a suspect who shot an on-duty security officer twice on a light-rail train platform and then stole the officer's gun and ammunition before fleeing. The officer from San Diego Metropolitan Transit System was patrolling the Grossmont Trolley Station on Fletcher Parkway about 10:15 p.m. Saturday when he was approached by the suspect, who was carrying a semiautomatic pistol, according to a statement released by the La Mesa Police Department. The suspect fired his own weapon, hitting the officer, then fled with the officer's firearm, gun belt and spare magazines... (This is not offered as a definitive statement as many factors are not reported, such as the officer's degree of awareness or preparedness to use his own gun. However, it does give pause for thought.) http://www.latimes.com/news/local/la-me-rail-shooting20-2009jul20,0,336997.story --- This Is Why We Have Pocket Holsters: Dionta RaShad Cochran was killed by his own gun after it accidentally discharged in the 19-year-old's pocket, authorities said Friday. The bullet struck him in the chest while he was getting into an SUV to buy cigarettes. Tests confirmed that the fatal round was fired from the .32-caliber pistol Cochran kept in the back pocket of his low-hanging pants, and not from an unknown shooter, as originally thought, Charleston County [SC] Coroner Rae Wooten said... Investigators arrested Cochran's cousin and a friend a day later after they determined that the pair tried to hide Cochran's gun and another gun in the backyard before police arrived. Police charged Eric Ra'shad Antonio Smith, who was staying at the house with his grandmother, with obstruction of justice after he allegedly instructed Justin Maurice Townsend to hide the guns. Smith's mother said at a bond hearing that police told her that her son, who has a conviction for third-degree burglary, was the intended target of the shooting. Police also charged Townsend, Cochran's cousin, with possession of a stolen pistol with a removed or obliterated serial number, unlawful carrying of a pistol and possession of a pistol... http://www.postandcourier.com/news/2009/jul/18/coroner_man_shot_self_by_accident89655/ --- New York Officer Cleared in Home-Defense Shooting: An off-duty Buffalo police officer who shot and killed one intruder and seriously wounded another inside his home in April has been cleared by an Erie County grand jury, authorities confirmed late Friday. The grand jury handed up a "no bill" in the case involving Officer Charles E. Gidney Sr., who shot the two intruders inside his home in the city's Bailey-Kensington area... Gidney, 45, shot and killed Reno D. Sayles, 36, of Warwick Avenue, during the incident that occurred at about 9:25 a. m. April 22 inside the officer's Burlington Avenue home. "This officer had a right to use deadly force as a citizen - and as a cop," said Thomas H. Burton, an attorney representing the police officer through the Police Benevolent Association... http://www.buffalonews.com/cityregion/story/737671.html --- Oops, Wrong Car: ...Ponichtera said a resident of the 1400 block of Rosement Boulevard in East Dayton [OH] came home from a drive-in movie Monday morning about 2:30 a.m. Sunday. He had his wife and children in the car with him. As the man, whose name was not released, drove down Rosemont, he saw a man in his neighbor's driveway around the neighbor's work van, Ponichtera said. The door of the van was open, and the man could see the burglar had pulled property out of the van. The man got out of his car, leaving his wife and children in the vehicle, and confronted the burglar. The man said he was calling the police and demanded that the burglar leave the items he had taken from the work van, Ponichtera said. Instead of leaving, the burglar approached his confronter and punched him, Ponichtera said. The man was carrying a handgun which was fired striking the burglar in the leg... Ponichtera said the neighbor who confronted the burglar was taken to the police station to be interviewed. He said circumstances of the shooting will be reported to the Montgomery County Prosecutor's office to determine if the man stepped beyond the law in the use of his gun... http://www.daytondailynews.com/news/crime/man-shoots-burglar-stealing-from-his-neighbor-212086.html --- Florida Woman Will Not Give Up '64 Mercury Comet: The last time Rachel Veitch bought a car, gas cost 39 cents per gallon, Lyndon B. Johnson was in the White House and "The Little Old Lady From Pasadena" was a hit song on the radio. Nearly 600,000 miles later, the 90-year-old Florida woman still drives her 1964 Mercury Comet Caliente every day... Classic car experts say the 1964 Mercury Comet Caliente would likely sell for about $3,000 in mint condition, or up to $12,000 if it was restored to new. But Veitch says she'll never sell, and she packs a .38-caliber handgun in case anyone tries to take her chariot for a ride without her... Asked if she considered trading in her car under President Obama's "Cash for Clunkers" program, which gives $4,500 to motorists who trade in older cars with poor gas mileage, Veitch replied: "He ain't gonna get mine. I'll die fighting for her." http://www.foxnews.com/story/0,2933,533803,00.html?mrp --- This Guy Was Not Preaching to the Choir: ...After a few nights of nightmares, I decided that I needed a gun just to feel safe. I went to the local gun store, picked out a handgun, filled out all kinds of forms... and then was told I had to wait for seven days. Let me tell you, that was the longest seven days of my life... That gun safe is still next to my bed with a loaded .45 in it. Every six months or so I check the battery and make sure everything works okay. For years, I have kept that gun there because it makes me sleep better at night. Some of you probably think I'm nuts. That's fine, you're entitled to your opinion. Fast forward to 2004. It's about 3:30am. My son is sleeping in his room and I am sleeping in my room. My wife and two daughters were actually away on a girl scout sleepover at the local zoo (I couldn't make that up if I tried). Anyway, I get woken up by my son who is scared shitless. He's told me he heard voices and some noises down in our basement... (Note that this account was initially posted on the left-wing site Daily Kos, which appears to have removed it.) http://watchingthewatchers.org/article/26613/why-do-you-want-my-gun --- Tangentially Related: Millions of Americans tuned in last week to Sonia Sotomayor's testimony before the Senate Judiciary Committee. What did they learn? "Nothing," Harvard Law professor Laurence Tribe told The New York Times. Actually, we did learn something - that we should stop inviting Supreme Court nominees to testify in confirmation hearings... Her appearances before the committee proved a couple of things. One is that she can look interested while listening to a pinstriped gasbag declaim at length about some topic that a dozen other pinstriped gasbags have already pronounced upon. Another is that pointed questions bounce off of her as though she has a personal anti-missile system. Someone could have asked, "Do you think the Constitution gives the Department of Motor Vehicles the power to deep-fry parking violators in vats of lard?" and Sotomayor would have paused thoughtfully and replied, "Senator, I think it would be inappropriate for me to address hypothetical questions on a matter that may come before the court." Sotomayor declined to answer any inquiry in a way that would reveal anything. Asked about affirmative action, the Second Amendment, foreign law, and abortion rights, she smothered each question in thick blankets of gray verbiage... http://reason.com/news/show/134894.html --- At least three Sonia Sotomayors were portrayed before the Senate Judiciary Committee at its four-day confirmation hearing last week. One was the shackled Sonia Sotomayor, a virtual slave to precedent who, as an appeals court judge, has no leeway to advance a personal agenda, even if she had one. Then there was the activist Sonia Sotomayor painted by Republicans: the speechifying, empathy-exuding Latina with radical roots reaching back before she donned the judicial robe 17 years ago. Finally, and for Republicans the scariest of all, was the soon-to-be-unleashed Sonia Sotomayor who will reveal her long-hidden liberal stripes once she joins a Supreme Court that can do absolutely anything it wants... http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202432356803&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20090720NLJ&kw=Hearing%20portrays%20three%20different%20Sotomayors&slreturn=1 A law degree wasn't a requirement last week to participate in the biggest legal spectacle in the nation - even for those asking the questions... So how did they prepare to take on the responsibility of questioning U.S. Supreme Court nominee Sonia Sotomayor? And of grilling her on complex questions of constitutional theory and statutory interpretation? By reading, they said, and by spending a lot of time with lawyers they have on staff... One senator known for holding up a copy of the Constitution on the Senate floor gave Sotomayor an especially difficult time. Sen. Tom Coburn (R-Okla.) wanted to know whether there's anything the Supreme Court can do to limit federal spending and how far states can go in limiting post-viability abortion. "I read the Constitution about every other day, because I use it on the floor," said Coburn, an obstetrician and gynecologist. "You see me holding up the book all the time because I've become a great student of it. We violate it all the time in Washington." ... http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202432351799 Supreme Court confirmation hearings are often criticized as a "kabuki" dance - a performance where nominees pretend to answer questions, and senators pretend to care what the answers are. Last week's hearing for Judge Sonia Sotomayor will not be spared this criticism. But it will earn another: a place where both senators and nominees must pretend what judges do... So why did senators of both parties and Sotomayor spend last week denying the obvious? I think they did so because the truth sits uncomfortably with our modern preference for democratic government. Making law is akin to making public policy, and many of us are not comfortable with unelected officials such as federal judges making public policy... Failing to get answers to these questions during the confirmation process basically asks the American people to play roulette with their most important public policies. And if anything sits uncomfortably with democratic government, that does. (Ignored is the fact that the Founders did not intend for judges to interpret the Constitution, a practice that was established in the 1803 case of Marbury v. Madison.) http://www.politico.com/news/stories/0709/25131.html -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .