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CO: Court rules on gun laws
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"Colorado's new gun law suffered a blow Friday as a Denver District Court judge upheld the city's right to enforce some of its stricter firearm ordinances. The decision could bring an end to a yearlong court fight waged by Denver to retain its home-rule authority to regulate firearms and weapons - unless state officials decide to appeal." ...
"Judge Joseph E. Meyer's ruling involved a state law passed in 2003 that sought to overturn a hodgepodge of ordinances adopted by municipalities and bring uniformity to gun regulations."
"Denver has some of the strictest firearm laws in the metro area.The court upheld three of Denver's ordinances, including its ban on assault weapons and so- called Saturday-night specials, its prohibition against openly carrying firearms in public, and its requirement for safe storage of all firearms." ... |
CO: Judge Rules Denver Can Bar Guns (another report)
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DENVER (AP) - "District Judge Joseph Meyer has ruled the city may continue to ban the carrying of weapons even though the state has authorized them."
"Meyer said that because Denver is a home-rule city it can pass ordinances limiting assault weapons, Saturday night specials and the open display of weapons." ...
"The judge said there are limits to the city's gun control laws. For example, it can't regulate the transportation of guns in cars. He also said people with state-approved concealed weapons permits can bring guns into parks." |
PA: Pennsylvania appeals court upholds an order to search an alleged abuser's home.
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"In a decision that pits the rights of gun owners against domestic abuse victims, the state Superior Court has ruled a judge acted properly when he ordered law enforcement to search an alleged abuser's home and seize his weapons and those belonging to another family member."
"The controversial 2-1 ruling, issued Thursday, also extends the ability of authorities to seek weapons of an alleged abuser. Previously, a judge could order weapons to be turned over, but did not have the authority to direct a search to ensure compliance."
"The ruling was based on a Montgomery County case, but will have statewide impact because it expands the interpretation of the state's Protection From Abuse Act." ...
"The majority opinion, supported by Judges Patrick Tamilia and Correale Stevens, acknowledged the PFA act does not authorize searches. But, in what the judges admitted was 'an extraordinary case,' they ruled county judges must be provided with flexibility to ensure the safety of domestic abuse victims." ...
"In a dissenting opinion, Judge Justin Morris Johnson said he believed the ruling went far beyond the bounds of the PFA Act and equated to a 'gross infringement on a constitutional right.' " |
MA: Review board set up for firearms rights restoration
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"Several years ago a law was passed that forced thousands of people to lose their firearms. Now lawmakers have changed a few things, and for many it will be for the good. The Gun Owners Action League (GOAL) announced this past week that the Firearms Licensing Review Board has now created an application process for citizens to have their firearms rights restored."
"People who have been denied the issuance of a license to carry a firearm or a Firearm ID Card due to certain past misdemeanor convictions may petition the board to review their case. If the board votes to restore their rights, then the individual will still need to go through the application process in the town in which they live or have a place of business."
"The petition can be found at: www.mass.gov and following a series of links from that site." ... |
ME: Victim of Eliot home invasion justified in shooting intruder
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"The question was raised following the recent shooting of a home invader in Eliot, Maine, as to whether the resident had the right to use deadly force and shoot the man in the chest. The answer is unequivocally yes."
"While the tragic incidents of accidental shootings at home are valid points in the argument for gun control, there is no better argument for the right to bear arms than protecting yourself and your home from harm."
"No charges have been filed against David Oeser, 54, of Eliot, Maine, and if the police investigation proves he was defending himself, then no charges should be filed. Maine law allows residents to use deadly force if they feel their lives are threatened in their homes."
"It is most important to understand, acknowledge and respect the fact Oeser is a victim of the man he shot and not the other way around. If anything, Mark Murphy, 39, of Eliot, Maine, is a victim of his own actions."
"As of Friday, Murphy remained in serious condition at Beth Israel Deaconess Medical Center in Boston." ... |
OH: SWAT team member loses three guns, including a machinegun, to theft
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DAYTON, Ohio -- "A shotgun, two rifles and a submachine gun were stolen from the pickup of a police SWAT team member."
"Authorities said Friday they did not have any suspects."
"Officer Gary Huber had parked his truck Thursday night under a light outside a restaurant where he had stopped to eat after SWAT team practice, Chabali said. Huber later discovered someone had broken into his truck."
"[Lt. Bob] Chabali [said] Huber is a 'very mature and solid officer,' and said he probably would not be disciplined."
"Huber's guns had been put in storage boxes, which were concealed in the back of the cab in his locked truck, officials said." ... |
UK: Vulnerable pensioners need the self-defence law changed [CAUTION: Graphic photos]
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"Two women in their eighties have been brutally beaten in their own homes by burglars in the past few days. Two more reasons, if they are needed, as to why vulnerable householders must have the right to defend themselves against violent intruders." ...
"Stark photographs of the women's broken and bruised faces were released by their families last week, to show the callousness of their attackers."
"Their publication came as a survey conducted by The Sunday Telegraph showed overwhelming public support for a change in the law to give people new powers to fight back against intruders."
"The poll ... revealed that 72 per cent of people believe that the current law, allowing householders to use only 'reasonable force' against intruders, is 'inadequate and ill-defined'." ...
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KABA NOTE:
Some pro-self-defense battle lines are being drawn in the United Kingdom. Additional stories from UK papers are found further down this page. |
Results on Election Day Rallies Outdoorsmen
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"THE presidential election has changed forever the way politicians will look at hunters, anglers and shooters."
"As we said before Tuesday's election, politicians looked at the 40 million sportsmen and women as a powerful voting block and realized, unlike Gov. Mario Cuomo, that hunters and shooters vote. The infamous quote from Gov. Cuomo was that 'hunters don't vote, drink beer and lie to their wives about where they are on weekends.' "
"America's hunting and shooting community will have a friend in the White House for four more years, plus new friends in the Senate and the House, after Tuesday's win by George W. Bush."
" 'With pro-gun leadership in the House and Senate, as well as the White House, we're very optimistic about our prospects for protecting 2nd Amendment freedoms and hunting traditions, and advancing legislation to protect firearms makers and sellers from frivolous lawsuits that threaten their businesses,' said Doug Painter, president of the National Shooting Sports Foundation (NSSF)." ... |
Sportsmen voice prevails on Election Day
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"The election is over and the word is out ... don't mess with the sportsman. Senator John Kerry had the endorsement of every major animal rights group in the country. What he didn't have was the support of the sportsman. President Bush has been endorsed by pro-hunting and pro-gun groups, such as The National Rifle Association Political Victory Fund; the Shooting, Hunting and Outdoor Trade Political Action Committee; and The Safari Club International Political Action Committee. Senator Kerry's endorsement by anti-hunting and anti-gun groups, such as Humane USA, the Fund for Animals, the Doris Day Animal League and other anti-hunting groups, likely cost him dearly at the polls." ... |
"Smart Gun" Technology Moves Closer To Reality
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"Scientists at New Jersey Institute of Technology (NJIT) were awarded $1.1 million by the US Department of Justice to continue testing a safer personalized weapon."
" 'We're still on target with a delivery date of January, 2006, for a commercial-ready prototype of a smart gun.' " ...
"In 2002, New Jersey became the first state to pass legislation specifying that three years after it is determined that personalized handguns are available for retail sale, dealers and manufacturers will not be able to sell, assign or transfer any handgun legally unless it is personalized." ... |
Non Powder Gun Injuries (or, "Gunning for Airguns")
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"Air rifles have come a long way since the Red Ryder BB Gun in the movie A Christmas Story. They're now more sophisticated and powerful. Gun experts say some air rifles can shoot up to 310 yards. One ER doctor we talked to said these guns can cause serious injuries, and he's removed BB's from almost every part of the body. A recent report in Pediatrics Magazine shows non powder guns injure as many as 21,000 Americans each year, and kill an average of four."
"Dr. Hill says most of the patients he sees injured from non powder guns are children. Gun experts say in Idaho there's no law requiring you be a certain age to use a non powder gun, although it's recommended you be 16 or older to buy one." ... |
"Gun industry needs serious regulation"
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Gun regulation
Nov 6, 2004 Letter #6
Baltimore Police Commissioner Kevin P. Clark remarked that "nobody seems to be regulating guns." Unfortunately, his comment is all too true.
Sun readers may be surprised to know that gun manufacturers are virtually alone in being immune from federal regulation. But if a bill that was introduced in the last session of Congress is passed next year, this will all change.
The Firearms Safety and Consumer Protection Act is a much-needed piece of legislation that would give the Department of Justice full authority to regulate guns as consumer products.
This means that the design, manufacture and distribution of firearms would finally be subject to federal oversight. |
Gun Control in Chicago Works ...to Boost Homicide Rate, Says Second Amendment Foundation
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"Strict gun control in Chicago has worked... to once again boost the homicide rate, making the Windy City the most murderous city in the nation for the past 12 months, the Second Amendment Foundation (SAF) said today."
" 'Chicago finished off the year with more murders than New York or Los Angeles,' said SAF Founder Alan Gottlieb. 'During the past 12 months, 599 people were murdered in Chicago, three more than in New York, where 596 people were slain, and about 100 more than in Los Angeles.' "
" 'Isn't it remarkable,' he observed, 'that Chicago, New York and Los Angeles have some of the toughest gun laws in the nation, yet they still typically lead the nation in the number of homicides?' "
"Gottlieb was particularly critical about Chicago's murders because Mayor Richard Daley has made his anti-gun philosophy a cornerstone of his administration. Gottlieb recalled that one of the city's highest profile crimes was the workplace massacre at Windy City Core Supply in August. In that case, recidivist felon Salvador Tapia used an unregistered handgun that had previously been owned by two now-deceased Chicago police officers." ... |
Bowdlerizing Columbine
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"In the spirit of, 'I�ll suffer so you don�t have to,' I decided to rent Michael Moore�s Bowling for Columbine yesterday. After the filmmaker�s regal reception at the Democratic Party convention, where he was seated next to President Carter, I realized that not bothering to view his works would forever hamper my ability to defeat his positions. What I saw was more horrifying (and boring) than I ever expected. This movie won countless awards and is loved thousands of people but it amounts to little more than the enactment of one cheap emotional stunt after another." ... |
Writer ignorant on guns, scares uninformed public
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COLUMBIA, Missouri -- "Recently, the infamous 'Name withheld upon request' wrote a letter protesting the expiration of the ban on assault weapons. This person obviously knew the difference between the long-banned, fully automatic Kalashnikov AK-47 and any semiautomatic rifle or carbine that is now legal since that so-called 'assault weapons ban' expired." ...
"I hope this sets the record straight on the AK-47. It is not legal to own the dreaded AK-47. Yes, I have been a member of the NRA since 1959. My hands are warm and have a firm grip on the legal weapons that I own." |
With season approaching, hunters should properly adjust rifle sight
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"It never ceases to amaze me how many hunters don't take time to check the aim of their scoped rifle each fall. Having a rifle that hits where you are aiming is one of the foundations of having a successful big game season. There are just three weeks left to get your rifle ready for deer season -- only two weeks for bear hunters. Checking the aim of your rifle is easy and should take less than an hour. Here is a basic primer on how to check the zero of your scope and properly adjust it as necessary." |
IN: Reporter discussing how to thwart crime fails to mention The Best Defense
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This article explores crime in Indiana -- trends, statistics, possibilities, etc. The reporter mentions several ways to help prevent or avoid crime ("practical things"), including:* "closes his business at dusk"
* "be aware of my surroundings"
* "baby monitor in her garage"
* "mind your own business and leave people alone"
* "lock up my house real tight and have a dog"
* "my cell phone and home phone are programmed with all the police phone numbers"
* "take pride in their community and to determine they will not put up with a criminal element"
etc. No mention of armed self-defense. No mention of the fact that Indiana has a very high number of people carrying concealed weapons for self-defense. |
NH: Statistics support hunting safety
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"Hunters dread word of a hunting accident the same way parents dread a telephone call in the middle of the night during graduation. At this time of year, just as in the spring when teenagers are most at risk, everyone�s mind is on safety."
"Steve Taylor�s Agriculture Department crew puts together a neat little newsletter, the Weekly Market Bulletin. On the front page this past week was an article submitted by Fish and Game titled �Blaze Orange Time.� It noted that 90 percent of those injured in hunting accidents are not wearing hunter orange. But the line that caught my eye was that the average annual number of hunting accidents has dropped dramatically during the last 40 years, from 21 in the 1960s to four per year in the past several years. This is remarkable considering that upwards of 78,000 people hunt here each year." ... |
AK: Eskimo village is only U.S. municipality that keeps arms from police
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HOOPER BAY, Alaska -- "This Eskimo village sits on the edge of the continent, part shantytown, part suburb, part Wild West. One can't go farther west without stepping into the Bering Sea, and, just beyond, onto the frosty eastern tip of Siberia."
"No roads lead to Hooper Bay, which is why the modern world has taken its time coming here, and then only in spots. Clusters of plywood shacks stand a short distance from subdivisions of look-alike modular homes. There's no running water but lots of VCRs and satellite dishes and computers hooked up to the Internet."
"One of the more curious aspects of life here has to do with firearms. Every household has an assortment of rifles and shotguns. When people are hungry, they go out and shoot something, like a walrus in the surf."
"Every adult has legal access to guns -- except the police."
"The elders won't allow it."
"The policy -- some would call it an edict -- isn't written anywhere in the town's municipal code. It has simply been spoken by the gray-haired men and women with faces like carved driftwood who believe that armed officers would only create trouble." ... |
Officers point to lives Tasers saved
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"Faced with new questions about the safety of Taser stun guns, some police departments across the country are beginning to restrict the way the guns are used."
"Many departments, however, see no need to change their procedures and view the stun gun as an important addition to an officer's choice of weapons."
"Four officers from Phoenix's Central City Precinct and their sergeant recently talked about their experiences with Tasers."
"The officers consider the use of Tasers as a valuable alternative to the use of guns, batons or other physical force, for themselves and the people they encounter. They do not think new safety questions warrant new procedures."
"Officer Paul Perez said Tasers have 'de-escalated situations without any serious threat to us or anyone else.' "
"Officers say the stun gun has protected officers and saved suspects' lives. All recounted incidents in which they might have drawn a gun if the Taser hadn't been available." ... |
IN: Group seeks stun gun restrictions
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BLOOMINGTON, Indiana -- "A group marked the one-year anniversary of a man's stun-gun death and called for changes in the criminal justice system."
"James Borden died in November 2003 after he was shocked by a Monroe County jailer using a stun gun. Several of those gathered at a church Friday said the death should lead to reforms in how officers use the weapons."
"Borden, 47, Bedford, was being booked into the Monroe County Jail on a probation violation charge. Jailers reported he was disoriented and thrashing around in the squad car."
"When Borden, who was handcuffed, did not respond to orders, jail officer David Shaw shocked him several times with a Taser gun, court documents say." ...
"Prosecutors have charged Shaw, the jail officer, with felony counts of battery with a deadly weapon and battery causing serious bodily injury. He has pleaded innocent and is awaiting trial." ... |
MA: Boston police union complains about crowd control policy of bringing in outsider officers
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BOSTON - "A union representing hundreds of high-ranking Boston police officers has filed a complaint against management claiming the department set an unacceptable precedent during World Series games by bringing in outside police agencies to help control crowds."
"After celebrations following the Red Sox victory over the New York Yankees in the American League Championship Series got out of hand and a college student was killed by a pepperball gun fired by an officer, Commissioner Kathleen O'Toole decided to beef up security for World Series games."
"She did so by bringing in hundreds of officers from suburban police departments, state police, Massachusetts Bay Transportation Authority police, and the Department of Correction to assist in crowd control."
"Many officers lost potential overtime pay, [Mark Parolin, vice president of the Boston Police Superior Officers Federation] said, and he wants them to get that money." ... |
OH: Police losing more officers to suicides than homicides
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CLEVELAND - "There is a simple reason why police officers are more likely to themselves than be killed in the line of duty, says Police Chief Ed Lohn: 'We have a weapon, and it's readily available.' "
"Eight Cleveland police officers have committed suicide since 1999, four since Lohn became chief in February 2002."
"The Fraternal Order of Police estimates the national police suicide rate at 22 per 100,000 - twice the rate for other American adults. The National P.O.L.I.C.E. Suicide Foundation estimates almost 500 officers killed themselves nationwide in 2003."
"Dan Goldfarb, a psychologist who works with police in Suffolk County, N.Y., attributes the rate to the stress of modern policing." ... |
TX: Tyler police restrict the use of electric stun guns
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"Tyler police officials have tightened their policies dictating when and where officers may use Tasers on resistant citizens."
"The move to more tightly control use of the electric stun guns follows a series of summertime incidents in which officers first reached for Tasers instead of a less-lethal method of force."
"Although no one was seriously injured, it later was realized some situations could have been handled just as effectively with pepper spray rather than with a Taser, Police Chief Gary Swindle said." ... |
New York Times says "it's time to throw out the Electoral College."
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"Last week the United States came within about 136,000 ballots of having another president who was not the choice of the most voters. If John Kerry had done a little better in Ohio, he would have won even though George W. Bush got about 3.5 million more votes. It was another wake-up call to Americans that it's time to throw out the Electoral College."
"It's very important to have a president who is the popular choice." ...
"Allowing the president of the United States to be chosen by popular vote wouldn't deprive any segment of the population of power." ...
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NY Times editors really ought to visit the County By County map showing who went for Bush and who went for Kerry. One image explains the need for the Electoral College quite well. |
NC: Convicted murderer gets early parole after serving only 10 years
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"A convicted killer who has served less than half of his sentence for a Rocky Mount murder in 1992 is scheduled to be released from prison next week."
"Jerry C. Joyner, 34, is to be paroled after serving 10 years of a 25-year sentence for the slaying of 33-year-old Stewart Whitaker."
"Joyner was sentenced under old North Carolina sentencing laws, which included parole possibilities for offenders. Structured sentencing, which took effect in October 1994, abolished parole for violent crimes." ...
"Joyner, who was 21 at the time, went to Whitaker's apartment on Greyson Road, entered the residence and pulled a 9mm handgun on Whitaker. He demanded money and drugs from Whitaker, the spokesman said."
"Whitaker reached for his own gun, and Joyner shot and killed him, he added. The suspect fled the apartment with cash, drugs and several guns, and he returned to New York." ... |
ACLU gets involved in teen gay-themed T-shirts case
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"Whether the townsfolk know it or not, Webb City, in the southwest corner of Missouri, has become a battleground in the gay rights movement." ...
"Twice in the last two weeks, Brad Mathewson, a junior at Webb City High School, was instructed by school officials to change T-shirts that bore gay rights themes. The first of the two incidents prompted Mathewson to contact the American Civil Liberties Union."
"Now the ACLU is actively involved. The organization has engaged a local lawyer, shipped out news releases en masse and met with school officials." ...
"The black T-shirt had the words 'FHS (Fayetteville High School) Gay/Straight Alliance' on the front and a message on the back that was supportive of gay rights." ... |
U.S. Army tests robot armed with pump shotgun
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"The same company that makes those cute little household vacuuming robots now has a military robot that is equipped with a pump action shotgun capable of firing rounds and presumably destroying enemy combatants (or anyone who happens to be standing in front of the �bot). The robot is called the Pacbot, and it has already seen action in Iraq. The Pacbot weighs about 40 pounds, and is propelled by heavy-duty tracks. It also has chemical sensors that detect nuclear, biological, and chemical contaminants. It�s currently being tested by the 29th Infantry Regiment at Fort Benning, Georgia." ... |
The Last Nail in the Coffin
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"I've come to appreciate Gun Owners of America over the past year. They continually and faithfully send me information on legislation at the state and federal levels that is harmful or has the potential to be harmful to our Liberty or Freedom."
"Here is the latest:" ...
"This is a huge concern because these federal standards can easily be used by a future Hillary Clinton administration to keep certain groups of people (such as gun owners) from receiving these National ID cards." ... |
New Zealand: Pressure On Labour To Reform Self-Defence Laws
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"A responsive Labour Government in Britain will build pressure on their more politically correct namesakes here, to reform the law of self-defence, ACT New Zealand Justice Spokesman Stephen Franks said today."
"'The British Home Secretary, equivalent to our Justice Minister, has responded to a poll showing overwhelming support for householders to be given the right to use deadly force against burglars, by inviting suggestions for the wording of a reform to the UK law of self-defence,' Mr Franks said." ...
"'Justice Minister Phil Goff's attempt to squelch debate by falsely describing my Bill as 'Americanisation' is going to look silly if the British end up more American than the Americans. Will he then try to stop debate by accusing me of trying to 'anglicise' our law?' " ... |
South Africa: Prisoner shoots two guards and one prisoner dead, in prison escape attempt
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While South Africa continues its march to disarm law-abiding citizens, they apparently can't even keep firearms out of prisons.
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PRETORIA -- "Pretoria's C-Max prison has been secured after a botched escape attempt on Sunday left four people dead and two in custody."
"Two prison guards and two inmates died in the hostage drama, which started at about 10:00 and was defused about four hours later."
"SABC radio said a prisoner allegedly shot dead another inmate and two warders before turning the gun on himself when the escape attempt went wrong." ... |
UK: Do we have a duty to burglars?
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If these letters are any indication, the people of Great Britain are getting pretty fed up with the anti-self-defense policies in place in that society.
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"I served in the police force in the 1990s and well recall my horror when during training it was explained just how feeble one's right to defend oneself, one's family and property had become. The law as it stands is little more than a 'health and safety at work act' for burglars."
"Even a householder using nothing more lethal than a pepper spray against an intruder will find himself in court for possessing a prohibited weapon."
--Mark Westcott, Eastbourne, East Sussex
"A few years ago I considered cementing broken glass to the top of the wall separating my garden from the car park next door, to deter intruders. I mentioned the idea to a policeman friend, who advised me against it. 'Don't forget,' he said, 'you have a duty of care towards burglars.' "
--P J Reardon, Tonbridge, Kent |
UK: Overwhelming support for 'make my day' burglary law
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"An overwhelming majority of the public backs the Sunday Telegraph's campaign to give people more rights to protect their homes and families from violent intruders, according to a new survey."
"The ICM poll shows that 71 per cent of voters believe that householders should have the 'unqualified right to use force, including deadly force if necessary' - against burglars. The wording of the survey question mirrors legislation, introduced in the state of Oklahoma in 1988 and known as the 'Make my Day Law', which has halved burglaries."
"An even greater proportion of those surveyed - 81 per cent - say that intruders should lose the right to sue for anything that the householder does in self-defence." ... |
UK: New defence for police who kill
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"Armed police officers who shoot dead members of the public in controversial circumstances could be charged with the lesser offence of manslaughter rather than murder under Home Office plans."
"A defence for armed officers will be based on the case of Lee Clegg, the British army paratrooper jailed for life in 1993 for the murder of a teenage joyrider in Northern Ireland."
"Court of Appeal and House of Lords judges who reviewed the case of Private Clegg said that the law should be reformed where 'agents of the state' could prove they genuinely thought they were acting in self-defence and believed they had to use 'excessive force' to prevent harm to the public." ... |
UK: Shooting Trial Jury to Be Selected
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"The jury will be selected today for the trial of five men accused of shooting dead two teenage friends outside a New Year party in Birmingham."
"College student Charlene Ellis, 18, and Letisha Shakespeare, 17, were killed as they stood outside a hairdresser�s salon in the early hours of January 2 last year."
"Charlene�s twin sister Sophie, their cousin Cheryl Shaw and Leon Harris were all injured in the shooting."
"Marcus Ellis, 23, Michael Gregory, 22, Nathan Martin, 25, Rodrigo Simms, 19, and a 21-year-old man who cannot be named for legal reasons are all charged with two counts of murder and three of attempted murder."
"A sixth defendant, 23-year-old Jermaine Carty, is charged with two counts of possessing a firearm." ...
"The trial began at Leicester Crown Court on October 4 with legal argument. The jury is due to be sworn in and the case for the prosecution opened tomorrow." |
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TO REMEMBER |
| As an individual, I believe, very strongly, that handguns should be banned and that there should be stringent, effective control of other firearms. However, as a judge, I know full well that the question of whether handguns can be sold is a political one, not an issue of products liability law, and that this is a matter for the legislatures, not the courts. The unconventional theories advanced in this case (and others) are totally without merit, a misuse of products liability laws. � Judge Buchmeyer, Patterson v. Gesellschaft, 1206 F.Supp. 1206, 1216 (N.D. Tex. 1985) |
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