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Newslinks for 11/11/2004

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Gun Facts: Yelling 'FIRE' in a crowded theater
Submitted by: Guy Smith
Website: http://www.GunFacts.info

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"I've always found the 'can't yell fire in a crowded theater' argument to be a false one, and invalid on most fronts." ...

"Given the above, what the 'fire principle' actually details is the prohibition of 'endangering behavior'. When one exercises a reserved right in a manner that deprives others of their rights (such as the right to life being squashed by a stampeding audience), then the conflict of rights must be resolved."

"The comparison breaks down further when it is noted that the 'yelling fire' prohibition requires the act to be committed first, whereas most gun control legislation creates prohibitions or bureaucratic hoop-jumping exercises in advance of an endangering act . . . that might never happen (for those who like the legal terms, we are talking about 'prior restraint')." ...
 

IL: Senate overrides governor's vetoes on gun legislation
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"The Illinois Senate on Tuesday overrode the governor's vetoes of a controversial gun bill and a measure to boost truck speed limits ..."

"Each of those actions must still be approved by the other chamber."

"SB 2161 was prompted by an incident in the Chicago suburb of Wilmette, where a man was charged with violating a municipal handgun ban after he shot a burglar in his home. The bill would allow a court to clear a defendant of charges of violating such a ban if the gun was used in self-defense or in defense of another on the owner's property." ...

"The bill now heads to the House, where it must get at least 71 votes in order to become law in spite of the governor's objections. It got 90 votes in the House in May." ...
 

AZ: Don't relax, assault weapons are near you
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Had it gone as allegedly planned, Gilbert and Chandler would have been thrust into the national spotlight with alarm bells ringing."

"The assault-weapons ban controversy and memories of the Columbine tragedy would have taken center stage as the American media converged on the southeast Valley. Arguments over the U.S. Constitution's Second Amendment would have been rehashed, ad nauseam."

"But it never materialized. And for that, we're exceptionally fortunate." ...
 

SC: Man says he shot hitchhiker to death
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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FULL TEXT BELOW:

A man told Richland County deputies he shot to death a hitchhiker Monday who tried to rob him at gunpoint, Sgt. Chris Cowan said.

Gregory T. Olden, 41, of Columbia bled to death from two gunshot wounds in his back, said Ted Kennedy, Richland County chief deputy coroner.

No charges have been filed against John Sox who said he picked up Olden on Beatty Road Monday night, Cowan said.

Sox said Olden tried to rob him and told him to get in the rear cab of his pickup truck, Cowan said.

Sox, 64, of Irmo, had a gun hidden in the back of the truck and said he shot Olden in self defense at about 10 p.m., Cowan said. The shooting happened in the parking lot of an apartment complex at 3130 Kay St., off Beatty Road in the St. Andrews area, Cowan said.

The incident remains under investigation.
 

FL: Store owner shoots at gun-toting robber
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"The Collier County Sheriff's Office is looking for a man who held up a store in Golden Gate Monday night. The suspect robbed the store at gunpoint, but before it was over he was the one being shot at."

"'Before I could say anything, he pulls a pistol out, says I want all your money, starts waving it around,' said Rob Stoneburner, Doug's Buy Rite General Store." ...

"'I just told her, 'Give him the whole tray, give him everything.' I just came around the corner and said, 'I'm going to give you the register, alright?' So I take it out, set it down, and say, 'Have a good night,' and out the door he went,' said Stoneburner."

"But it didn't end there. Stoneburner grabbed his gun and chased the man around the side of the building to where the getaway car was waiting." ...
 

TX: Store Owner Fires Back at Robbers
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"Two crooks with guns stormed into a west side grocery store Monday night, but they got a surprise when the store owner took justice into his own hands, pulling a gun on them." ...
 

VA: Murder trial begins in Franklin County
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"'I didn't want to shoot nobody. If I'd have known that was Mika, I would have never shot no gun at Mika.'"

"That's what a weeping Stanley Dion Tate told the jury Tuesday during the first day of his trial on murder and firearms charges in Franklin County Circuit Court. ... No one disputes that Tate shot and killed Davis. But testimony that Davis arrived unannounced and broke into the home where Tate was staying added a surprise twist to the proceedings." ...

"One of those people, Tate's girlfriend, Lachrisa Robertson, testified Tuesday that Davis broke into Tate's house that night. Evidence presented by prosecutors appeared to support that claim." ...
 

HI: HPD Officer Accused Of Threatening Estranged Wife With Gun
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"The Honolulu Police Department reassigned an officer desk duty after he was arrested for terroristic threatening this weekend."

"Officer Soukvisan Phanthadara was arrested for terroristic threatening and abuse of a family member, according to arrest records."

"Court documents show Phanthadara approached his estranged wife and two others in the Restaurant Row parking structure early Sunday morning. Phanthadara was dressed in civilian clothes, but pulled a handgun resembling a Smith and Wesson service pistol from his holster and pointed it at the group, according to records."

A police spokeswoman said Phathadara is still on the force, but will have no contact with the public while Internal Affairs conducts its investigation ..." ...
 

NJ: Sheriff's officer shoots girlfriend, then kills self
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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[Original title: Shots leave one hurt, one dead]

"An Essex County sheriff's officer chased down his live-in girlfriend after an argument at their Somerset apartment, shot her several times as she attempted to escape and then took his own life Monday night, authorities said." ...

"The shooting victim, Helena Hundley, 34, the mother of four and a Rutgers University student who also holds down several jobs, was listed in fair condition yesterday ..." ...

"The children were inside the apartment when a verbal dispute began outside. When Hundley attempted to leave the scene, Sumter shot one of the front tires of a minivan. She got into another vehicle and drove away, but Sumter pursued in his SUV. He eventually cut her off and shot Hundley through her driver's side window. He then shot himself." ...
 

AZ: No charges for ex-officer who pulled gun
Submitted by: Shovelhead

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"The Gila County Attorney's Office will not prosecute the retired police officer who held an innocent couple at gunpoint in August."

"Believing Joshua Adkins, 27, and Josie Russell, 23, may have just robbed a bank, Rich Mack followed them home and ordered the couple to put their hands on the hood of their car while pointing his Glock 40 handgun."

"According to Payson Police Department reports, Mack, 69, identified himself as a police officer although he retired from the Scottsdale Police Department in 1968, and is now a member, with no law enforcement authority, of the Maricopa County Sheriff's Posse." ...

 

WV: Gun fund overhaul planned
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"Kanawha County Sheriff-elect Mike Rutherford plans to make the department's gun fund more open for inspection, and he said he would use any money generated by the fund for very specific purposes."

"The gun fund, which is an account containing pistol permit fees, was a divisive issue between current the sheriff's department administration and the county commission."

"Commissioners chastised department leaders for using the fund to pay for items they thought were unrelated to law enforcement. Commissioner Kent Carper even pushed the legislature to enact laws that would give commissioners more oversight over the fund." ...
 

Ivory Coast: 4,000 break out of prison
Submitted by: John Fansler

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"At least 4,000 of the 5,500 inmates at an Abidjan prison took advantage of work on a new security system and the chaotic situation in the main Ivory Coast city to break out of jail over the weekend, officials said on Wednesday."

"The prisoners hoisted themselves down through the sewage tunnels stretching from the facility to the nearby Banco national forest ..."

"The escapees were huddled together in the yard at the Abidjan detention and correction facility (MACA) while work to repair locks and bars broken in a mutiny two weeks ago was ongoing."

"The prison guards only noticed on Monday that prisoners were disappearing over the course of the day, slinking their way towards the sewer mouth conveniently located in the prison yard." [emphasis added] ...
 

Thailand: Bail for policeman who killed couple
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"A THAI policeman facing trial for shooting dead a young British couple two months ago has been freed on bail, sparking fears that he might try to intimidate witnesses."

"Sergeant Somchai Visetsingha has admitted killing Vanessa Arscott, 24, of Ashburton, Devon, and Adam Lloyd, 25, of Torquay, in September, but he contests the type of killing he has been charged with."

"He was freed last week on �13,000 bail by a court in the popular western tourist town of Kanchanaburi, said the chief public prosecutor, Pichet Kasetsin." ...

"Judge Narong Suthamkoson said yesterday that bail was allowed to enable Somchai to seek medical treatment and on the condition that he not intimidate witnesses or try to escape." ...
 

Canada: Alberta Mountie to challenge sentencing minimum in prisoner death
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"The lawyer for an Alberta Mountie convicted of shooting a prisoner in detachment holding cells wants a conditional sentence for his client."

"Earl Wilson will challenge the constitutionality of the minimum four years in prison facing Const. Mike Ferguson because police officers must carry guns. 'It's our contention that in the circumstances of this case, that would amount to cruel and unusual punishment,' Wilson said Wednesday outside Court of Queen's Bench. Reforms to firearm legislation in the 1990s imposed the mandatory minimum on anyone convicted of manslaughter who used a gun." ...
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Submitter's Comment: Yeah, minimum sentence laws are only for bad people!
 

Australia: Warning shots charge set aside
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"A Supreme Court judge yesterday threw out a charge against a police officer that alleged the officer endangered people by firing his pistol in the air."

"Chief Justice Brian Martin found that on the evidence before him the Crown could not prove to a jury that firing the shots caused actual danger to the lives and safety of members of the public."

"The court heard that Senior Constable Wayne Curyer fired six or eight shots well above the tree-line in bushland at least 15km from Wadeye (Port Keats) while pursuing a vehicle."

"There were several people in the fleeing vehicle, one throwing objects out on to the road to try to stop the pursuit." ...
 

South Africa: Prison official arrested in connection with C-Max escape bid
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"A senior official at C-Max prison here has been arrested in connection with the attempted escape on Sunday in which Sammy Gomba, 47, head of C-Max, was shot and killed." ...

"Department of Correctional Services (DCS) spokesman Bheki Manzini yesterday confirmed the official's arrest."

"'An official ... who is employed at the Pretoria C-Max Prison was arrested in connection with the breach of security and the foiled escape attempt, which led to the deaths of two senior Correctional Services officials and two inmates,' Manzini said." ...

"[Killed prisoner] Menyatso was armed with a 9mm pistol that was allegedly dismantled and smuggled into the prison by corrupt warders." ...
 

IN: Students should not have to depend on police
Submitted by: Bill Arevalo

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"I�d like to counter a few claims made by Adam Noble in his letter, "Firearms have no place on Campus" (Thursday). First, regarding personal ownership and carry of handguns. It has been proven statistically that when states stop prohibiting concealed carry, crime rates drop. Why, because criminals prefer targets that they know are helpless."

"Second, there are several problems with depending on the police and the military for your safety. They can only protect you if they are already there. The courts have established that they have no legal responsibility for your safety. They have proven that they are no more likely to be pillars of virtue than the average person. Many examples of this can be found in the news (or at www.keepandbeararms.com) without looking very hard." ...
 

MD: Baltimore needs concealed weapons [4th letter on page]
Submitted by: Jim Sr

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FULL TEXT BELOW:

In choosing between solutions that actually work and those that have never worked, the writer of the letter "It's time for the city to register handguns" (Nov. 9) selects an old remedy that has never worked in reducing crime - mandatory handgun registration.

The criminals never register their illegal handguns, and studies show that these gun control measures fail to protect the citizens from the violent criminals responsible for the number of homicides a city such as Baltimore suffers year after year.

However, studies have shown that states with "shall-issue" concealed-carry laws have reduced violent crime. So isn't it time for Maryland to join the other "right to carry" states and pass such a concealed-carry law?

Charles Guggenheimer
Baltimore
 

CA: Prevent Gun Shows on all public land [first letter on page]
Submitted by: Blacksnake

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REGISTRATION REQUIRED

NOTE:
Use the following information to access this article:
Site username: [email protected]
Site password: newslinks1
Must have cookies turned on for it to work.
-------

FULL TEXT BELOW:

In October the justices of the U.S. Supreme Court declined to review an unsuccessful challenge to a 1999 Alameda County law barring gun shows on its property.

Now it's time for our elected leaders to demand an end to gun shows held at the Contra Costa County Fairgrounds in Antioch. Visit a gun show there and you will find a thriving business of young men lined up to buy handguns.

I resent and dread the proliferation of handguns in our communities, and their sales conducted on public property supported by my taxes.

The Antioch fairgrounds are on state property controlled by the state fair board, precluding local control of what takes place there. Our local elected officials should persuade the state fair board to ban gun shows on public property, specifically the fairgrounds in Antioch.
 

MA: Council balks at Mayor's plan to curb guns
Submitted by: Blacksnake

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"The City Council, angry that Mayor Frederick M. Kalisz Jr. apparently has ignored some of its previous attempts to address the city's crime problems, indicated it might not support the mayor's proposal to strengthen the city's gun laws."

"Mayor Kalisz had proposed sending a home-rule petition to the state Legislature that would classify the unlawful possession of a gun in New Bedford as a 10-year felony, with a five-year mandatory minimum sentence in state prison."

"The council, after heated debate, sent the proposal to its Ordinance Committee for further study, where it apparently faces an uphill battle just to be recommended back to the council for a vote." ...
 

VA: Airport Weapons Law Changes Heard At Public Hearing
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"The Washington Metropolitan Airports Authority held a public hearing last week to discuss its plans to change its policies regarding weapons on airport grounds."

"The MWAA is the law enforcement body for both Dulles International Airport and Reagan National Airport. At issue is whether anyone is allowed on airport grounds and its surrounding land while carrying a weapon. Gun rights activists have argued that the law is unconstitutional and that in Virginia, they are allowed to carry their weapons openly." ...
 

PA: Man wants Birmingham to enact stricter laws on using firearms
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"Township resident Harold Moyer was armed with facts and figures on how far bullets can travel, but his message was aimed at the heart: 'I�m not against guns or hunting. It�s a matter of public safety.'"

"Moyer made the comment during a recent supervisors� meeting, weeks after he found four holes in his garage door from buckshot shotgun ammunition."

"Moyer, whose home is on Queen�s Rangers Lane, is a self-described hunter who enjoys the shooting sports, but fears for the safety of township residents. The shotgun blasts that peppered his garage door came at 7 a.m. Oct. 9, he said, a time when children are at school bus stops." [emphasis added] ...
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Submitter's Note: Well, as long as it's for the children!
 

MA: Women learn self-defense techniques at seminar
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"Self-defense classes are a regular feature at Giogio's Health and Fitness Connection in Sudbury, but those sessions are attracting a lot of interest from local women after a recent home invasion." ...

"'It's good information for women to have,' said Sarah Bernd, a Wayland resident who also attended the seminar. 'I heard about the Sudbury attack. You feel more secure knowing what you can do in a situation like that.'"

"The Nov. 5 seminar included personal safety information that might help a woman avoid an attack in the first place as well as some tactical moves to distract an assailant long enough to run away. About 35 women attended the free self-defense seminar." ...
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Submitter's Note: Armed self-defense is safer, but in the People's Republic of Massachusetts you need a carry permit merely for pepper spray!
 

NY: Homeless man fatally shoots highway worker
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"A homeless man, furious he had to move his belongings to accommodate a work crew, pulled out a .45-caliber pistol and fatally shot a painter by the Grand Central Parkway yesterday morning -- then calmly sat on the grass and lit up a cigar until police arrived to arrest him, police said."

"The 11 a.m. shooting, under the Northern Boulevard overpass by Shea Stadium in Queens, took police by surprise because they rarely encounter a homeless person who carries a gun."

"Also, police said, it appears that the suspect, Steven Boyd, 44, and the victim, James Gaviglia, 38, had become acquainted in the three days the crew had been working at the site, with Gaviglia and co-workers even buying food for Boyd, who lives aside the parkway." ...
 

ME: Deer kill down as firearms rifle season ends
Submitted by: Blacksnake

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"Deer kill numbers were expected to be down from last year, but as the firearms hunting season came to an end Saturday, the figures were looking even lower than anticipated."

"'We expected deer numbers to be down from last year, which was one of the best years in 20 years,' Maine Game Warden spokesman Mark Latti said Saturday. 'Mainly because of the severe winter we had last year, we knew there wouldn't be as many deer available to hunters.'"

"Final deer kill figures won't be in for another couple of weeks when the muzzle loading and archery seasons are complete. But reports from tagging stations and game wardens around the state show a significant decrease in kill numbers for this year." ...
 

MT: Take your best shot this Sunday at first annual Turkey Shoot in East Glacier
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"If you are looking for some shooting practice and the opportunity to win a plump turkey in the process, then East Glacier is the place for you on Sunday as the first annual Turkey Shoot will take place at 10 a.m."

"Circle R Motel and Construction are sponsoring the event. Sign-ups will happen on the morning of the event, with a $5 fee being charged for participants. For $5, individuals will receive three shots. Numerous categories are slated, including 22-rifle, large caliber gun, 50-yard pistol, bow and arrow, partner shooting, and many more. Those who have the best shot in each category will win a turkey, courtesy of John and Ali Ray, the two responsible for putting this contest on." ...
 

Nigeria: Politicians escape; Police orderly, Driver killed in robbery attacks
Submitted by: Blacksnake

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"MEMBER of the House of Representatives, Mercy Almona-Isei and Mr. Solomon Edojah, Senior Special Assistant to Governor James Ibori of Delta State on National Assembly Liaison last weekend narrowly escaped death when armed bandits separately attacked them in Okene, Kogi State on their way to Abuja."

"The incident left Mrs. Almona-Isei�s Police Orderly dead and Mr. Edojah�s driver dead. Another unidentified motorist was also killed in a broad daylight attack which lasted a couple of hours."

"Narrating the episode which he said convinced him of the need to give superior arms to the police, Edojah praised the quick intervention of the Kogi State Commissioner of Police, who, he said, helped to ferry them to Abuja after the bandits had departed." ...
 

Australia: Sweeping for bank raid clues
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"A MAN posing as a streetsweeper was part of a brazen armed bank robbery yesterday."

"The man was seen acting as a lookout for another two men who smashed through the glass front doors of the ANZ bank in Lane Cove just before 9am."

"Witnesses said one man was of Asian appearance, armed with a large mallet or baseball bat, the other was of white/European extract, armed with a pistol."

"The branch had not yet opened for business but three staff members were inside."

"Police said the armed men demanded cash from a male staff member at the front of the bank."

"They then fled with several metal boxes believed to contain large sums of money. The men ran across the mall and into a narrow laneway to a carpark where a blue BMW waited." ...
 

Jamaica: Four more firearms seized by police, two of them handmade
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"The police seized another four firearms, two of them handmade, in separate operations Sunday, and have arrested two men in connection with the recoveries made in Wilton Gardens, Kingston."

"The other operations were carried out at Damhead in St Catherine and Norwood, St James."

"Charges of illegal gun and ammunition possession have been laid against Omara 'Captain Burrel' Haughton, 25, and Anthony Francis, 31, both of Building B in Wilton Gardens."

"The Constabulary Communication Network (CCN) reported that the Wilton Garden's operation followed shootings in the area by rival fractions. Haughton and Francis, the police allege, were found on the roof of a building with a Ruger 9mm sub-machine gun and 15 9mm rounds. ..." ...
 

Malaysia: S'kan elderly couple shot by strangers
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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FULL TEXT BELOW:

Two strangers armed with a pistol shot an elderly couple at Kampung Nasional Baru, Kuala Gum Gum, off Mile 16 Jalan Labuk, here late Monday.

It was learnt that Haji Abdullah Bayu, 70, and his wife, 60 were at home when they were confronted by the duo, who pretended to ask for matches and a direction to Kampung Kenangan Manis.

One of the strangers then whipped out a pistol and shot Abdullah in the shin, and his spouse in the thigh before fleeing in the 8pm incident. Their motive was not known.

The injured couple is recuperating in hospital. A police report was lodged the following day.
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Submitter's Note: In Malaysia unauthorized possession of a single round of ammunition is punishable by death.
 

Australia: Faure Gun Jail Term
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"CONVICTED killer Noel Faure was yesterday jailed for keeping a loaded gun beside his bed as insurance against becoming the next underworld victim.
The .22-calibre Ruger Mach 1 semi-automatic pistol was found during a search of Faure's then-Kinlock Street home in Bell Post Hill by Purana Taskforce detectives probing the May murder of Lewis Caine." ...

"Faure, convicted in 1993 for manslaughter after shooting his victim in the back of the head, has since been cleared of any involvement in Caine's killing."

"Police originally suspected the gun had been used in the Caine murder, but the County Court last month heard it had been kept by Faure as protection after he became paranoid about his own safety." ...
 

Russia: Over 120 Companies Participate In Arms-2004 International Exhibition
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"The ARMS-2004 3rd international exhibition and 1st Hunting and Camping international fair opened at the All-Russia Exposition Center (VVTs) in Moscow on Wednesday. The events will be running until November 13."

"The expositions feature new samples of hunting and sporting weapons, ammunition and special equipment."

"According to organizers, over 120 Russian and foreign companies participate in the expositions."

"'Over 300 samples of hunting, supporting and self-defense weapons are presented at ARMS-2004' to say nothing of cold arms, Andrei Glebov, general director of the Bizon association of exhibition companies, told journalists." ...
 

UK: 'Gang Shot Girls' [in 'Gun-Free' UK!]
Submitted by: Bruce W. Krafft
Website: http://home.comcast.net/~bruce.krafft/

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"NEW Year party girls Charlene Ellis and Letisha Shakespeare died as innocent victims of gang warfare, a court heard yesterday."

"The teenagers were gunned down by 'a hail of bullets' from a Mach 10 [sic] automatic sub-machine gun fired from a passing car."

"Charlene, 18, and Letisha, 17, were on a night out when they were killed in the early hours of January 2 last year, said Timothy Raggatt QC, prosecuting."

"They were shot by members of a hit squad from a gang called the Burger Bar Boys seeking revenge for the killing of a member by a gunman from the rival Johnson Crew, the prosecution claim."

"Charlene's twin Sophie - who was seriously wounded but survived - and their cousin Cheryl Shaw, 17, were also hit." ...
 

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