Massachusetts Supremes to Hear Licensing Challenge: The Massachusetts Supreme Judicial Court is expected to decide whether a state law that requires residents to apply for gun licenses with their local police departments is unconstitutional. The challenge is being brought before the court by Paul W. Patten, a Fall River defense attorney who is representing Nathaniel DePina, 19, a New Bedford man serving a 2-year jail sentence after being convicted last year of illegally carrying a firearm. Patten is appealing DePina's conviction on the grounds that the state gun licensing statute is "vague and overbroad," inconsistent in application and violates an enumerated, fundamental right protected by the Second Amendment... Rather than going through the appellate courts, Patten appealed directly to the SJC, saying the DePina case concerned basic constitutional rights that required a final determination by the state's highest court. On Sept. 16, the SJC agreed to hear the case, and put out a call for amicus briefs. The Bristol County District Attorney's Office is expected to file its response later this month... http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20091004/NEWS/910040331 --- Oregon Senate to Examine Campus Carry: After two recent lawsuits raised questions about the legality of state universities' bans on concealed handguns, the state Senate decided Wednesday to weigh in on the subject. t an informal hearing before the Senate's Judiciary Committee Wednesday morning, Bend lawyer and former Sen. Neil Bryant, who served on the committee for eight years, requested the legislature form a working group to attempt to resolve the legal issues surrounding the bans. The main case in question was filed by the Oregon Firearms Educational Foundation and petitions the court to determine the validity of the Oregon University System's handgun ban, which affects those licensed to carry concealed handguns. "It's a basic question of whether or not educational institutions have the authority to regulate weapons on their campus," Bryant said. However, Bryant said oral arguments in the case will to be heard until early spring of 2010. In the meantime, he urged the Senate to "be proactive." ... http://www.dailyemerald.com/handgun-ban-gets-second-look-1.624001 Related Lawsuit Discussed: http://www.dailyemerald.com/news/oregon-university-system-sued-over-campus-handgun-policy-1.622200 --- Pennsylvania Student Regains Right to Advocate: After months of national media attention, a student threatened with punishment for attempting to form a gun-rights group at Community College of Allegheny County (CCAC) is finally allowed to distribute pamphlets about the group on campus. The college has also rescinded its unconstitutional policy demanding "prior written approval" for "personal contact with individuals or groups related to non-sponsored college material or events." After Christine Brashier, who wanted to form a chapter of Students for Concealed Carry on Campus (SCCC), was told that her pamphlets were unacceptable "solicitation" and that any further efforts would be considered "academic misconduct," she turned to the Foundation for Individual Rights in Education (FIRE) for help... http://www.thefire.org/article/11152.html --- The Beat Goes On: A nationwide ammunition shortage for handguns has gripped self-defense gun enthusiasts as the demand has gone through the roof in the past year, and there won't be any relief soon in East Texas, according to local suppliers. Gun sales spiked a year ago when it became clear President Barack Obama would be elected to office. The FBI's National Instant Criminal Background Check System reported 9 million background checks for gun sales issued January through August, an increase of 21 percent from the same period the year before. Criminal background checks for gun sales in Texas were at 650,429 during the time frame - a 26.9 percent increase compared to the same period in 2008. Texas gun sales in the U.S. are No. 2 in that same time range. More guns sold means more demand for ammunition... http://www.lufkindailynews.com/news/content/news/stories/2009/10/04/ammunition_sales.html?imw=Y Karen hadn't needed a handgun in 30 years. That was back when the Fruita bookkeeper, now 66, worked alongside prisoners, riding back and forth daily from various hospitals in California as a deputy of the Orange County Sheriff's Department... Spurred earlier this year by what she called rumors of new restrictions looming from Washington, D.C., she bought a new .22-caliber handgun and surfed the Internet for local firearms safety classes. Her new concealed weapons permit recently arrived in the mail... While surveys suggest Mesa County residents feel safe in their neighborhoods, they've also armed themselves with concealed guns at a rate that has increased fourfold over five years. In line with state and nationwide trends, yearly 2009 totals through Sept. 23 for concealed weapon permit applications to the Mesa County Sheriff's Department stood at a record 1,033, according to department figures. Of those, 873 permits had been approved or were awaiting a decision. Colorado is on a pace to shatter last year's record of 20,998 applications, the highest since the Legislature in 2004 set statewide standards for concealed handguns and put county sheriffs in charge of issuing permits... (I'm disappointed to hear that a former deputy sheriff has settled for a .22 but it does beat a pocketful of rocks.) http://www.gjsentinel.com/hp/content/news/stories/2009/10/03/100409_1a_conceal_carry_permit.html For many small business owners in New York, the current economic state has led to poor sales and dwindling profits. But that's not the case for Kordell Jackson, Charlie Morris and Chuck Sherwood, each of whom owns a gun store. All three have seen their sales skyrocket since last November. After the election last year of President Barack Obama, a Democrat, gun sales and pistol-permit applications have increased dramatically in New York and across the country, state records show and experts say... In New York, fingerprints processed for gun applications are up about 50 percent over last year, though the state Division of Criminal Justice Services expects the rate to level to a 30 percent increase when the year is finished. The state averaged 2,288 fingerprints per month for pistol permits through July, up from 1,538 in 2008. Also, many counties have had increases in pistol applications through the first half of the year, records show. For example, Putnam County received 203 through June, six more than in all of 2008... http://www.lohud.com/apps/pbcs.dll/article?AID=2009910050326 --- Updated Arizona CWP Statistics: Arizona is now up to 140,799 outstanding CWP's, as of October 1. The 974 revocations come out to approximately 0.7 percent. We continue to see a higher rate of revocation for both instructors (approximately 1.9%) and training organizations (2%). This generally reflects certifying training that was not provided or was not fully provided, as in concluding the course in less than the mandatory eight hours. Suspensions may either result in revocations or restorations. They usually occur if a permittee is arrested on a charge that would make him ineligible to receive the permit and the outcome of the judicial process will determine if the permit is restored or revoked. Male permittees continue to outnumber female permittees but women now hold 21.3% of the outstanding permits. http://ccw.azdps.gov/Stats.htm --- Church Shootings Not Uncommon: The Rev. Lawrence Adams teaches his flock at the Westside Bible Church to turn the other cheek. Just in case, though, the 54-year-old retired police lieutenant also wears a handgun under his robe. Adams is one of several Detroit clergymen who have taken to packing heat in the pulpit. They have committed their lives to a man who preached nonviolence and told followers to love their enemies. But they also say it's up to them to protect their parishioners in church. "As a pastor, I'm referred to as a shepherd," Adams said. "Shepherds have the responsibility of watching over their flock. Do I want to hurt somebody? Absolutely not!" Responding to a break-in at his church Sunday evening, Adams surprised a burglar carrying out a bag of loot and shot the man in the abdomen after the man swung the bag at him. The burglar survived - for which Adams is grateful - but the reverend said he could have been hurt or killed if he had not been armed... The clergy in Detroit who arm themselves say they do so because of the high overall crime rate. But churchgoers elsewhere have been the target of violent attacks several times in recent years... http://www.google.com/hostednews/ap/article/ALeqM5hmhf3HFNtbJdQq0ddx0sK5POu_pwD9B2HVLO0 --- Oops, Wrong House: A homeowner shot and wounded a burglar who entered his bedroom while he was on the phone with a 911 operator, deputies with the Harris County [TX] Sheriff's Office said this morning. Around 2:30 a.m., a homeowner in the 13000 block of Lima near Beechnut in southwest Houston called 911 to report an intruder. The burglar, possibly hearing something coming from the bedroom, opened the door and was shot in the arm, deputies said. The 19-year-old suspect was taken to a hospital with a non-life-threatening injury and was expected to be booked into jail once he was treated. A woman in a car, apparently an accomplice, also was arrested outside. According to deputies, the burglar entered through a kitchen window and was bagging up electronics and other loot in the living room, which woke up the homeowner. Names of those involved were not immediately available. http://www.chron.com/disp/story.mpl/metropolitan/6652606.html --- Oops, Wrong Car: A District police officer traded gunfire with would-be carjackers in Prince George's County [MD] Sunday in the second such incident in the county in less than a week, Prince George's police said. The off-duty police officer involved in Sunday's incident in Capitol Heights was not hurt. It was not clear whether he wounded either of the two people who tried to take his car at gunpoint, police said. They were at large Sunday night... In Sunday's incident, the D.C. officer, whose name was not released, had just parked his vehicle on Brooks Drive about 6:20 a.m. As he got out, he was approached by two people, county police said. One showed a gun and demanded the officer's keys. The officer got his service weapon and fired, police said. As the two people ran, one fired back, police said. The incident was similar to a confrontation Wednesday night in which an off-duty county police officer was shot by a man who approached him as he was getting out of his car in a parking lot on Jaywick Avenue in Fort Washington... (It must usually be pretty safe for robbers to target drivers coming out of DC as regular, law-abiding folks cannot legally carry firearms in the District.) http://www.washingtonpost.com/wp-dyn/content/article/2009/10/04/AR2009100402782.html?hpid=sec-metro Speaking of Which...: We are now presented with a new challenge to our D.C. gun laws and regulations. In this new lawsuit, celebrated last month by a commentary on this page, the courts are asked to decide whether an individual's Second Amendment right to keep and bear arms includes the right to carry firearms openly or concealed in public for personal protection. This issue arises in the wake of the historic Supreme Court decision in Heller v. District of Columbia and the changes to the District's firearms laws that followed... As the attorney general for the District, I will continue to defend vigorously the current laws confining firearms to legitimate uses in the home, in businesses and for recreation. No court has yet ruled under Heller that an individual's Second Amendment rights include carrying firearms in public. Indeed, the Supreme Court specifically stated that an individual's Second Amendment right, "like most rights . . . is not unlimited." The right is not a right "to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose." ... (It's pretty sad when the attorney general confuses District of Columbia v. Heller with Heller v. District of Columbia. It was the District that chose to take the case to the Supreme court.) http://www.washingtonpost.com/wp-dyn/content/article/2009/10/02/AR2009100202210.html --- Rule One, Rule Two Reminder: The 80-year-old tractor salesman was tied up, beaten to a pulp, and left to die in a tub full of his own blood by a pair of sadistic robbers in his Groveport, Ohio, home. Then four days after the Sept. 20 torture, Needs' son accidentally shot him in the hand during a self-defense lesson meant to ward off future robbers... He has a broken nose, crushed sinuses, and a gunshot wound in his pinkie and thumb - but says he'll recover... (Rule One: All firearms are always loaded. Rule Two: Never let the muzzle cross anything you're not prepared to shoot. It sounds like the son may have been teaching a disarming technique with a loaded gun. Most of us who teach that stuff use dummy guns for the training.) http://www.nydailynews.com/news/national/2009/10/03/2009-10-03_beaten_ohio_man_shot_during_selfdefense_lesson_.html --- What Happened Here?: A Tampa couple and an Irish tourist were shot at a Lakeland gun range after a handgun accidentally fired. Polk County [FL] sheriff's deputies say it's not entirely clear how many times Michael and Sherri Thourot's 9mm accidentally went off Saturday, or what caused the handgun to fire. The pistol was a Jennings make. The man in an adjacent stall, 29-year-old Gary Flynn, of Ireland, was most seriously injured. He underwent surgery after being hit in the shoulder and throat, and was listed in stable condition. Michael Thourot was shot in the left hand, and Sherri Thourot was hit in the left arm. Both were also listed in stable condition. (While the facts reported are insufficient to draw a conclusion, I suspect that the notoriously inexpensive Jennings pistol may have gone full-auto and "run away.") http://www.foxnews.com/story/0,2933,559904,00.html?test=latestnews The Navajo County [AZ] Sheriff's Office reported an accidental shooting that resulted in the death of a man on Butler Trail, outside of Snowflake. Deputies were called to the scene on Sept. 26 and found Charles Weissert, 44, of Mesa shot. He was pronounced dead at the scene. An investigation revealed Weissert reached into the back of a pickup to move a handgun. As he was handling the gun, it went off and the bullet struck him in the chest. (Was this a Rule Three violation [finger or other object inside trigger guard] or dropped older-style single-action revolver with round under the hammer? Not enough information to make the call.) http://www.wmicentral.com/site/news.cfm?newsid=20375289&BRD=2264&PAG=461&dept_id=505965&rfi=6 --- The Best Gun in the World: The best gun in the world is the one you'll have with you when you need it. Seriously, the features of a gun you don't have with you don't matter. Like most tools there's an optimal gun for every task under the sun. The task here is to ensure you'll always have it with you when you need it. This article will talk about the features of a gun tool that will get that job done. And yes, I have a specific make and model in mind... It would be a very special gun that had none of the drawbacks and all of the advantages listed above. You might even say it would be the Best Gun in the world. The Ruger SP101 .357 magnum fits that description and is my choice for the title. I prefer the model with the 3 1/16" barrel for more accuracy and better performance of the magnum rounds. I also prefer it with the hammer for more deliberate round placement when the situation calls for it. Hammerless and with the shorter barrel is better for concealed carry. For me, that's not worth giving up the accuracy and better performance of the magnum round... (Differences of opinion are what make horse races. Gillespie's initial line of thinking is similar to Ed Lovette's observation in The Snubby Revolver that, while CIA trainees may have preferred shooting the Browning High Power, when they experienced life in the field, they generally opted for the more easily concealed S&W 640. I carry three of the latter, in two generational variants, but have been known to recommend the three-inch SP101, with the caveat that it will need a trigger job. Personally, I no longer carry Magnum rounds because I feel that the odds are that I will fire from a compressed position, where I will not appreciate the added blast and flash.) http://www.lewrockwell.com/orig10/gillespie4.1.1.html --- Tangentially Related: "You don't need to know. You can't know." That's what Kathy Norris, a 60-year-old grandmother of eight, was told when she tried to ask court officials why, the day before, federal agents had subjected her home to a furious search. The agents who spent half a day ransacking Mrs. Norris' longtime home in Spring, Texas, answered no questions while they emptied file cabinets, pulled books off shelves, rifled through drawers and closets, and threw the contents on the floor. The six agents, wearing SWAT gear and carrying weapons, were with - get this- the U.S. Fish and Wildlife Service. Kathy and George Norris lived under the specter of a covert government investigation for almost six months before the government unsealed a secret indictment and revealed why the Fish and Wildlife Service had treated their family home as if it were a training base for suspected terrorists. Orchids. That's right. Orchids. By March 2004, federal prosecutors were well on their way to turning 66-year-old retiree George Norris into an inmate in a federal penitentiary - based on his home-based business of cultivating, importing and selling orchids. Mrs. Norris testified before the House Judiciary subcommittee on crime this summer. The hearing's topic: the rapid and dangerous expansion of federal criminal law, an expansion that is often unprincipled and highly partisan... http://www.washingtontimes.com/news/2009/oct/05/criminalizing-everyone/ "Did you really think we want those laws to be observed?" said Dr. Ferris. "We want them broken...There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law breakers - and then you cash in on guilt..." - Ayn Rand (1905-1982), spoken by Dr. Floyd Ferris in Atlas Shrugged, 1957 -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .