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Seegars v Ashcroft: There can be only one... with Standing
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... "The decision ended up being split internally over a point which, frankly, I expected might happen when I read the NRA's initial complaint. It's a basic flaw in the NRA's brief. The DC lawyers missed it entirely, but the Justice Department lawyers picked up on it and made excellent use of the flaw. It shouldn't be a fatal flaw before a neutral judge and considering the facts of the case, but courts will generally take any excuse to avoid ruling on the merits of a 2nd Amendment claim."
"Actually, upon reflection, the 'flaw' might not be a flaw at all. It fits in perfectly with the NRA's strategy to avoid a 2nd Amendment ruling. But that's ... well, not quite as bad as a conspiracy theory, but it's a bit more convoluted than I'd put faith in as a matter of pure speculation."
"What was this deadly flaw? Simple: Only one of the plaintiffs in Seegars had actually applied to register a firearm." ... |
Walk softly and carry a big Gun?
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"Have you ever considered what you would do if you were traveling in a remote, unpopulated area and your vehicle broke down or your tire went flat? And for some reason that expensive cellular phone plan has a dead zone exactly where you are now stranded? What if the wrong person stopped to help you? He or she may look innocent enough, but could be a serious criminal predator, searching for stranded motorists. Is this an easy target and willing victim? No! The tide has turned, and common everyday citizens in 38 States now have �Right to Carry� laws on their side. That 61 year old grandmother no longer seems like an easy target, because she might have a Concealed Firearm in her purse. And she is legally allowed to carry that firearm for personal protection due to the popularity of �Right to Carry� Laws across the Country. This type of legislation makes criminals think before they commit violent criminal acts." ... |
Guinea Get Your Gun -- How I learned to love firearms
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... "In Human Guinea Pig I engage in unusual activities and hobbies. This time I wanted to see if a novice�a nervous novice�could in a few lessons learn how to be a decent shot. ..."
"So anathema are guns among my friends that when one learned I was doing this piece, he opened his wallet, silently pulled out an NRA membership card, then (after I recovered from the sight) asked me not to spread it around lest his son be kicked out of nursery school. My entire experience with guns consisted of a riflery class at summer camp back when Millard Fillmore was president, and an afternoon 20 years ago shooting at tin cans with a friend." ... |
NY: Independence hero's pistols sold
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"A pair of ornate French-made pistols used by South American independence hero Simon Bolivar was sold at auction for $1.69 million, more than double the pre-sale estimate, auction house Christie's said on Thursday."
"Bolivar, whose devotees include leftist Venezuelan President Hugo Chavez, led South America's early nineteenth century independence wars against Spain, and statues of him adorn public squares in towns and cities across the Andes."
"'The intriguing pair of Bolivar's campaign pistols set off a bidding duel,' Christie's said after Wednesday night's sale, identifying the buyer as a dealer named George Nicolas Nader." ... |
MO: 7 officers win awards for their bravery
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"Minutes after officials hung the region's highest award for police bravery around the neck of St. Louis Officer James Debisschop, he took off his hat and shook his head."
"'It means we're lucky,' Debisschop said, staring Thursday at the bronze medal. 'I'm just glad to be alive.'"
"Debisschop and his partner, Kurt Wagner, confronted an armed bank robber April 17 and shot the man when he pointed his weapon at the officers." ...
"The pair, along with five other officers, were honored with the Medal of Valor, which recognizes bravery exceeding the normal demands of police work."
"'They put themselves in such jeopardy, yet they still used good judgment to protect the lives of the bank guard and other citizens nearby,' said St. Louis Police Chief Joe Mokwa." ... |
PA: Baden officer faces sex charges
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"A Beaver County police officer was arrested Thursday and charged with soliciting sex with a minor over the Internet."
"FBI agents and U.S. Postal inspectors came to the Baden Police Department to arrest Kenneth R. Jones, 42, of Baden, on a charge of using a computer to coerce or entice a person under 18 to engage in sexual activity, said Baden police Chief Daniel Colaizzi."
"Jones, a 14-year department veteran, faces one count of using a computer to solicit sex over the Internet with a minor, Colaizzi said."
"Jones did not use any computers at work illegally, the chief said." ... |
VA: Troopers, new toys and trophies
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"Just days after state troopers and a local police officer shot a murder suspect to death in Colonial Heights, some of those same troopers allegedly entered a secure evidence lot to show acquaintances the suspect's bullet-riddled pickup truck." ...
"The incident raises further concern about the judgment and training of the officers, five of whom were placed on paid administrative leave - a standard practice - pending the state police investigation of the Oct. 24 shooting of Bruce Thompson."
"Residents of the neighborhood where Thompson was killed have already questioned the officers' use of force."
"Four state troopers and a Colonial Heights police officer used semi-automatic rifles to kill Thompson as he lurched his truck slowly toward a police barricade. A fifth trooper used a handgun."
"Thompson and his truck were showered with a hail of .223-caliber bullets from the patrol rifles, most of which were the state police's Colt M4 carbines."
"A nearby home with three people inside, including an infant, was hit between 20 and 30 times, its owner said. No one in the house was injured." ... |
NE: Court says evidence was illegally seized in drug case
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"Evidence that led to a multistate drug investigation and a fatal shootout involving narcotics agents cannot be used at trial, a federal appeals court ruled Thursday." ...
"The court ruled that officers had no right to search the bags."
"'We require a showing of reasonable articulable suspicion before law enforcement is permitted to detain or seize an item for purposes of investigation,' wrote Judge Kermit Bye."
"'When [Officer] Krans represented a drug-sniffing dog had alerted on the travel bags, he communicated to Loos and Escobar there was probable cause to search and they had no choice but to permit it,' Bye said. 'This fact, combined with the location of the search and the officers' failure to advise Loos she had a right to refuse consent, convinces us ... her consent was tainted.'" ... |
TX: Police fighting firepower with firepower
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"Police knew they were outgunned when a man leaned from a speeding SUV this month and fired a burst of bullets at them from an automatic assault rifle."
"Next time, officers in Plano and Richardson say, they will be better prepared. They are following a national trend by adding more AR-15 semiautomatic rifles to their arsenals." ...
"Several local police departments are beefing up their firepower and changing their policies to put better weapons into the hands of regular police officers."
"Many officers in Richardson are now armed with AR-15s, while Plano will allow officers to buy the rifles themselves and keep them inside their cruisers. Dallas hopes to have them on the streets by summer." ... |
MS: Southaven officer is top gun in Mississippi
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"Southaven police officer Macon Moore grew up in the Mississippi Delta town of Indianola and worked on the family farm as a young man."
"Like most young Mississippians he became a hunter at an early age and learned how to use firearms."
"He�s only gotten better with age."
"Moore, 39, took first place in the Top Gun Three Gun Match at last month�s Mississippi Tactical Officers Association Competition held in Southaven." ...
"Officers are expected to run a course and fire at metal plates using three types of weapons, a fully automatic submachine gun, shot gun and pistol."
"The event is timed and the winner is based on the most accurate shooting in the shortest time." ... |
FL: Our View: Miami-Dade cops are wrong for tasing young children at school
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"There is more than enough cocaine smuggling and crimes committed every hour on the hour in the city of Miami to keep police busy. Somehow, police found taming a few stray children to be the top priority. ..." ...
"We have to wonder what was really going on in the cops' minds. Were they that angry at the girl for missing class? Did the little boy's paper-cut potential really incite them to shock him? It all seems a little bit messy to us. Maybe the cops were having a bad day or maybe it was a racial? The little boy was African-American and the ethnicity of the girl was not mentioned. Either way, children shouldn't be punished in such a manner, unless they are about to do something really harmful. We don't consider playing hooky or playing with glass a menace to society. The police officers need to keep the peace and put away the Taser pistols." |
UK: Soldier Jailed For Unprovoked Attack Outside Wine Bar
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"A SOLDIER with a history of violence has been jailed for 15 months for knocking a man unconscious outside a Woking wine bar."
"Gulf War veteran Bombardier David Harris, 31, of the Royal Artillery punched victim Christopher Cook in the face, breaking his nose."
"Harris, of Brunswick Road, Brookwood, appeared before Guildford Crown Court on Friday November 12 for sentence after admitting grievous bodily harm." ...
"He [Mr Cook] came out of Yates�s Wine Lodge just after midnight and saw Harris holding someone in a headlock. He was concerned the violence would get worse and tried to calm the situation but was punched and knocked to the ground unconscious." ... |
IL: Ill. Court Dismisses Gunmakers Lawsuit
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"The Illinois Supreme Court threw out two lawsuits accusing gunmakers of knowingly letting weapons fall into the hands of gang members and other criminals, ruling Thursday that the manufacturers cannot legally be blamed for street violence."
"Both rulings were unanimous, but five of the seven justices were so disturbed by allegations raised in the case that they wrote a separate opinion urging the Legislature to create tougher gun regulations." ... |
IL: Second Amendment Foundation Hails Illinois High Court's Gun Lawsuit Dismissal
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"The Second Amendment Foundation (SAF) is hailing today's ruling by the Illinois Supreme Court to dismiss two lawsuits filed by the City of Chicago and other plaintiffs against gun manufacturers, distributors and suburban gun shops as a 'victory for common sense over political demagoguery.'"
"In one case, the City of Chicago and Cook County were suing firearms manufacturers to recover the costs of dealing with violent crime. In the other case, the families of crime victims were suing the gun industry over the deaths of their loved ones, killed with illegal firearms. Justice Rita Garman wrote the decisions in both rulings."
"'Once again,' said SAF founder Alan Gottlieb, 'a court has ruled that there is no legal basis for politically-motivated lawsuits against a legitimate industry, making a legal product and selling that product in compliance with the law. ...'" ... |
IL: Wilmette battling law that weakens gun bans
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"Furious that the Illinois House approved a law this week undercutting the village's handgun ban, Wilmette officials were searching for new ways Wednesday to make it difficult for residents to own a gun."
"Timothy Frenzer, village attorney, said that because Wilmette operates under home rule, he believes that the Village Board can adopt a local ordinance exempting the community from the law." ...
"'The point, I think, was to do a favor for the gun lobby,' Frenzer said of the state law, intended to provide an 'affirmative defense' to municipal gun bans." ...
"Because the new state law doesn't specifically mention home-rule communities such as Wilmette, the village is free to ignore it, Frenzer said." ... |
NY: Robbers Shoot Bodega Worker and Take $8
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"At first, Janet Pinto, a bodega owner in Brooklyn, did not notice that the men who entered her store were wearing masks. Early yesterday, she was talking long distance to Jamaica to her husband, who heard it all - the demand for money, the beating and the three gunshots."
"When it was over, Mally Wonder, 24, who works in the store, lay bleeding. Ms. Pinto remembers pressing two towels to his shoulder."
"The gunmen fled with $8. There were no arrests as of last night, the police said. Mr. Wonder was listed in stable condition at Kings County Hospital Center yesterday afternoon." ... |
NY: Man shot in head, unhurt
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"A Brentwood street gang member stood about two feet in front of another man early Wednesday, pointed a handgun at the man's head, said "I'm going to kill you," and fired one shot, striking the man in the forehead, police said."
"But amazingly, the victim wasn't seriously injured."
"Agner Sandoval, 28, of 311 Hancock St., a member of the Latin Kings street gang, was charged with attempted murder, assault and criminal use of a firearm, Suffolk County police said. Police withheld the name of the victim, a 20-year-old Brentwood man who was treated and released at an unnamed local hospital." ... |
NY: Clerk Shot in Holdup Misfire
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FULL TEXT BELOW:
Two masked robbers shot a Brooklyn grocery clerk early yesterday, then fled after cleaning out the store's cash register, police said.
The robbers barged into the J&D Variety Store at 276 E. 23rd St. in Flatbush shortly after midnight, announced a holdup, then began pistol-whipping a 24-year-old clerk, one of three staffers in the store.
Police said a gun went off wounding the clerk in the chest. He was in stable condition at Kings County Hospital.
Cops said the thieves took cash and store items, ripped off a customer and fled in a dark-colored Nissan.
Neighbors said that when one of the thugs verbally abused the shopkeeper's wife, the clerk defended her. |
AL: Deer hunters take best shot Saturday
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"Davis Carter is going to be in the woods well before dawn Saturday for the opening of firearms deer season, and he will be joined by more than 100,000 of his closest friends."
"Opening day is a much-anticipated event for the 225,000 or so deer hunters in the state. Hunting creates an economic impact in Alabama of about $800 million a year, according to surveys used by the U.S. Fish and Wildlife Service."
"'I've been looking forward to opening day since the season closed last year,' the Montgomery outdoorsman said. The season ends Jan. 31. 'I've sighted in my rifle, been scouting the last two weeks. I have my spot all picked out.'" ... |
NE: Shooters concentrate on fundamentals to prepare for Ole Miss
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"After suffering their first defeat last weekend against Army, the Nebraska rifle team looks to bounce back against Great American Rifle Conference rival Mississippi."
"The Cornhuskers come into the match with an overall 4-1 record while the Rebels have a record of 3-2."
"Both of these teams competed in the Walsh Invitational in Cincinnati, where the Rebels shot a 4,605 on Friday."
"Nebraska deflated Memphis on Saturday with a score of 4,637 before falling to Army the following day 4,682-4,611."
"The loss dropped the Huskers to a 1-1 conference record."
"'The loss was a good wake-up call,' Coach Launi Meili said. 'The girls know that they are capable of more.'" ... |
WI: Good luck to all hunters on the first day of the season
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"Before I lace up my boots and step into the deer woods tomorrow morning, I thought I�d scribble out a little good luck message for everyone lying awake tonight, trying to catch a few winks before the alarm goes off, long before the sun comes up."
"It�s been a long day here at the office, and my eyes are certainly getting tired. Like most of you working fools I could really use some rest this weekend, but much like you folks, I know I won�t sleep but a wink Friday night."
"Yes, I am one of those 700,000 people who�ll probably be getting rained on this weekend, and just like the remaining 699,999 folks, you won�t hear me complain while I�m out there. We can save the commiseration for another date." ... |
NJ: Appeals Court Reinstates Bear Hunt in New Jersey Next Month
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"An appeals court ruled yesterday that New Jersey's environmental commissioner overstepped his authority by trying to block this year's planned bear hunt. It ordered him to issue hunting permits in time for the opening of a six-day bear season on Dec. 6."
"The unanimous decision by a three-judge panel of the Appellate Division of New Jersey Superior Court came in a suit filed by hunters' groups against Bradley M. Campbell, the commissioner of New Jersey's Department of Environmental Protection. Earlier this year, the state's Fish and Game Council voted to hold the hunt, but Mr. Campbell responded by ordering the Division of Fish and Wildlife, which is part of his agency, not to grant permits for the hunt. ..." ... |
CA: Parks panel says Ventura should close pistol range
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"Hoping to silence a long-simmering noise dispute, a Ventura commission recommended on Wednesday that a popular public pistol range in Grant Park be shut down in early 2006 and its hours of operation be reduced immediately."
"After lengthy testimony, the Parks and Recreation Commission voted 5-2 to urge the City Council to give the operator of the city-owned range, whose lease expires Jan. 31, a one-year extension and close the range to the public on Sundays."
"Ventura police also would continue to use the range for mandatory training even if the 47-year-old facility on Brakey Road in Grant Park, high above City Hall, were closed to the public. The City Council is expected to vote on the recommendation in the near future." ...
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Submitter's Note: Interesting that this article fails to mention two points brought up in an earlier letter. First, that state law says no existing range can be shut down due to noise complaints. Second, that noise tests were done, and a passing truck was louder than the gunfire. |
DC: Brookland Residents Ask For More Police Patrols
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"Five days after a man was killed in a robbery after leaving a wedding reception in Northeast Washington, Brookland resident Matthew Schilling went to the scene of the crime with a plan."
"Schilling urged a crowd of more than 100 people at St. Francis Hall at the Franciscan Monastery last night for a question-and-answer session with D.C. police to join him in establishing a neighborhood watch group." ...
"Police officials promised increased foot patrols and car checkpoints in the neighborhood."
"Police Capt. Patrick Burke, of the 5th District, told citizens they need to take an active role in combating crime. Burke said officers are going door-to-door in the neighborhood to gather clues in the case and plan to set up checkpoints along major thoroughfares in the area." ... |
OH: Media coverage of Supreme Court ruling uniform: A WIN for CCW
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... "County sheriffs must process applications for a temporary emergency license to carry a concealed gun from residents with an affidavit that says they or their families are in danger, the Ohio Supreme Court said yesterday."
"In its first ruling on the state's new concealed-carry law, justices unanimously said applicants need only the affidavit and no other proof to be eligible for a 90-day temporary license."
"Advocates of the law called it a 'huge victory' for potential victims." ... |
PA: County's gun buyback program already a hit
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"Operation Safe Guns, a first time program in Luzerne County designed to trade firearms for gift certificates, hasn't begun but has already been deemed a success."
"Carol Crane, spokesperson for the Luzerne County District Attorney's office, said the office received approximately 75 calls Wednesday about the program, which begins today at 6 p.m. Some calls came from Philadelphia, Crane said." ...
"Crane said the program is funded by a $10,000 grant through Project Safe Neighborhoods, an initiative sponsored by the federal Department of Justice. However, only $3,250 of the allocated amount will go towards the gift certificates, Crane said." ... |
IN: Law abiding citizens have the right to bear arms
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"I would like to commend Brian Abbot's letter (Nov. 10) regarding Adam Noble's letter (Nov. 4) about firearms on campus. It is a fact that personal possession of firearms keeps crime rates low. Look at Australia. In 1998, Australia forced its residents to hand over all firearms. Homicides went up 300 percent and armed robbery went up 44 percent (Search Australia Gun Control Statistics on AltaVista and see the first result). For additional reading, look up Switzerland Gun Issues as well."
"If you will read Indiana Law IC 35-47-9, it states that no firearm is permitted on school property. However, this law is only applied in grades K-12. A separate law will be needed to prohibit firearm carry law on campus (such as Michigan's law). ..." ... |
OH: Party swap: Pro-CCW representative feels more at home in among GOP Caucus
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"A western Ohio Democrat who garnered national attention in 2000 when he became the youngest House member in state history at age 18 says he is joining the Republican caucus."
"Rep. Derrick Seaver of Minster in Auglaize County, now 22, said he plans to make the switch official at a news conference today with Ohio GOP leaders. Seaver declined to discuss his reasons until then." ...
"Derrick Seaver is a two-time OFCC PAC endorsee, and a strong supporter of the right to bear arms for self-defense in Ohio. No matter what party he was a part of, he could always have been counted on to support your right to self-defense. As a member of the majority party, however, he will earn a greater role in crafting legislation which will help improve Ohio's concealed carry law, or to 'reform the reform'." ... |
PA: DA runs out of funds to purchase weapons
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"After Luzerne County District Attorney Dave Lupas announced the county's first ever gun buy-back program, he wasn't sure what to expect."
"He knew he had a good portion of a $10,000 federal grant to distribute to people willing to turn in their unwanted guns."
Submitter's Note: 32.5% is not "a good portion".
"To make sure residents had ample opportunity to get rid of the guns, Lupas set up buy-back sessions at police departments in Pittston, Hazleton, Dallas Township and Nanticoke to follow Thursday's kickoff to the program held at the Luzerne County Emergency Management Center, Wilkes-Barre."
"However, it now looks as if those additional sessions won't occur unless the district attorney's office can obtain more federal funding." ... |
UK: Britain Outlaws Fox Hunting
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"Britain outlawed fox hunting in England and Wales on Thursday as elected legislators won a dramatic standoff with the House of Lords to ban a popular country sport that is despised by many urbanites. The formality of royal assent followed within 45 minutes."
"Hunting supporters vowed to defy the ban, which takes affect in three months, and to fight it in court. 'True civil disobedience is now on the horizon,' said John Jackson, chairman of the pro-hunting Countryside Alliance." ... |
Jamaica: Bucknor residents mourn slaying of two of their own - Cop among dead after attack by gunmen
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"RESIDENTS of the usually quiet Central Clarendon community of Bucknor wore sad faces yesterday as they mourned Wednesday night's brutal slaying of two of their own - police constable Joshua Black and Gregory Elvey, a 23 year-old resident." ...
"... The police reported that Black and Elvey were killed as they watched the Reggae Boyz' failed effort to advance to the next round of World Cup football qualification. Two gunmen, the police said, approached a group of people who were watching the television set under a tent in the community and opened fire, hitting the policeman about eight times before relieving him of his two guns - his licensed 9mm pistol and his service pistol." ...
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Submitter's Note: A perfect example of how restrictive gun laws actually put cops at risk. |
Ghana: Gang member jailed for illegally possessing firearm
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"A Circuit Court in Kumasi on Wednesday jailed an 18-year-old unemployed who attempted to rob Muslims, who were celebrating the Ramadan at Alabar in Kumasi, for one year with hard labour for illegally possessing a gun."
"Yakubu Mohammed, believed to be a member of an armed gang that planned to steal [from] Muslims, was convicted on his own plea."
"Police Inspector Seth Amofah told the court ... that the Neighbourhood Watch ... had a tip-off that the group, mostly made up the youth, had planned to rob the Muslims of their mobile phones and money."
"He said when the Committee assisted by the police mounted a barricade at the area where the celebration was going on and searched the people, a locally manufactured pistol was found in the pants of the accused." ... |
ISRA: Gunowners Score One, Two Punch Against Frivolous Gun Control Policies
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"This was a very good week for gun owners in Illinois and across the nation."
"On Tuesday, Nov. 16, the Illinois House overrode Gov. Blagojevich's veto of SB2165 - the Homeowner Protection Bill."
"On Wednesday, Nov. 17, the Illinois Supreme Court struck down Chicago's 433 million dollar lawsuit against gun manufacturers and dealers. In ruling against Chicago, the Court dismissed the notion that lawfully manufactured products are the cause of violent crime. The Court ruling brings to a close an expensive and divisive attempt by Chicago Mayor Richard Daley to run the nation's firearm manufacturers out of business." ... |
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