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Crime in the U.K.
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Jennifer Freeman
Website: http://www.libertybelles.org
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"A recent article in the U.K. Times Online addressed the issue of school-aged children being mugged on a regular basis, sometimes at knife point. According to the article, there were 24,000 muggings of children aged 11-16 last year. This is just one of a series of articles over the past few years demonstrating how crime in the U.K. has spiraled out of control since private ownership of handguns have been banned. The situation in the U.K. proves, yet again, what gun rights advocates have been arguing for years: More guns = less crime." ... |
A 'radical' right to bear arms
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New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"Last week, when a federal appeals court ruled that the District of Columbia's gun ban violates the right to 'keep and bear arms,' The New York Times reported that the judges were 'interpreting the Second Amendment broadly.' If they had interpreted it in the normal way, according to the Times, they would have concluded that the amendment imposes no restrictions on gun control because it has nothing to do with individual rights." ...
"If a court takes the position that Americans have a right to free speech, it is not interpreting the First Amendment broadly. If it says they have a right to be secure against unreasonable searches and seizures, it is not interpreting the Fourth Amendment broadly. So why is the U.S. Court of Appeals for the D.C. Circuit 'interpreting the Second Amendment broadly' when it says Americans have a right to keep and bear arms?" ... |
American gun law expert notes arms rights depend on self-preservation in United States court ruling on DC firearms ban
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Bruce W. Krafft
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"Among the reasons advanced in a United States appellate court's historic decision last week ... is that the individual right to keep and bear arms is a derivation of the natural right to self-preservation."
"By this assertion in Parker v. District of Columbia, Senior Judge Lawrence H. Silberman of the United States Court of Appeals for the District of Columbia locates philosophically the right to keep and bear arms just where it belongs."
"From the most basic human right, the right to life itself, arises necessarily the right to self-preservation, and from the right to self-preservation arises necessarily the right to keep and bear arms." ... |
D.C. court got it right this time
Submitted by:
Bruce W. Krafft
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"The U.S. Court of Appeals of the District of Columbia Circuit ruled this past week that the District of Columbia's longstanding ban on handgun ownership is unconstitutional."
"The Associated Press quoted the majority opinion as saying the activities the right protects 'are not limited to militia service, nor is an individual's enjoyment of the right contingent' on enrollment in a militia." ...
"The D.C. court rightly took the position the amendment says what it says, i.e. the right applies to people as individuals not a collective right such as for the National Guard or 'militia.'"
"When the Founding Fathers drafted the amendment, the 'militia' was every able-bodied man who could turn out and fight the British." ... |
Second Amendment Showdown
Submitted by:
Bruce W. Krafft
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"Last week's decision, striking down the District of Columbia's ban on guns as unconstitutional under the Second Amendment, flowed directly from the text, history and original understanding of the Constitution. The U.S. Court of Appeals for the D.C. Circuit's decision rejected the Ninth Circuit's 'collective rights' theory and embraced instead the Fifth Circuit's holding that the Second Amendment protects individual rights. In so doing, the D.C. Circuit took a major step forward in protecting the rights of gun owners throughout the country."
"In some ways, the decision should not be at all noteworthy or surprising. ..." ... |
Citizens bearing arms -- not a bad thing at all
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New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"Not only does the United States Constitution confer upon citizens an individual right to bear arms, but it may well be as fundamental in nature as the constitutional protections accorded to speech and the exercise of religion. So held a federal appeals court held last week in a stunning decision that struck down the District of Columbia's longstanding ban on handguns."
"The ruling by the U.S. Court of Appeals for the District of Columbia has enormous legal implications and sets the stage for the U.S. Supreme Court to finally decide exactly what rights are protected by the Second Amendment to the federal Constitution." ... |
Constitutional Legal Scholars Acclaim Federal Court's Overturning of D.C. Gun Ban
Submitted by:
Bruce W. Krafft
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"On March 9, a federal appeals court in the District of Columbia has overturned the 31-year-old ban on keeping handguns in homes in the nation's capital city, ruling that the ban is unconstitutional. The panel from the U.S. Court of Appeals for the D.C. Circuit became the nation's first federal appeals court to overturn a gun-control law by declaring that the Second Amendment grants a person the right to possess firearms."
"Two Independent Institute research fellows were involved in the plaintiffs' case."
"'The Founders' true intent of the Second Amendment is vindicated by the U.S. Court of Appeals in Parker v. D.C. (2007),' said constitutional legal scholar Stephen Halbrook. ..." ... |
Post Columnist Insults D.C. Residents, Gun-Owners as 'Children'
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Bruce W. Krafft
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... "Washington Post columnist Courtland Milloy condescended to the great unwashed of the District of Columbia in his March 14 column as he dismissed the desire to exercise one's 2nd Amendment rights as lethal childishness. Milloy was reacting to a federal court ruling that invalidated D.C.'s gun ban on Friday.:"
"Perhaps it's my inner child, but a part of me secretly cheers the libertarian. Especially those wild and crazy guys at the Cato Institute. The Washington think tank thinks government ought not try to stop people from using whatever drugs they want -- cocaine, heroin, alcohol, cigarettes, you name it -- or from gambling or watching porn online." ... |
The Return of the Second Amendment
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Bruce W. Krafft
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"Seven years ago, in an article for COMMENTARY called 'Yes and No to Gun Control,' [.pdf] I briefly endorsed the views of constitutional scholars who argue that the Second Amendment�s right 'to keep and bear arms' actually imposes practical limits on gun-control laws. The article generated a storm of criticism in our letters section [.pdf], and I replied at length. With the Second Amendment now in the news, thanks to last week�s federal appeals court ruling striking down the District of Columbia's ban on handguns, the case against what the New York Times editorial page calls 'the right to ban arms' is very much worth rehearsing. Here are the relevant sections of my December 2000 reply to critics:" ... |
VT: Gun ownership not linked to militia (letter)
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Bruce W. Krafft
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"The writer of 'Gun ownership is a privilege' (Mar. 5) doesn't have her facts straight. 'A well regulated Militia, being necessary to the security of a free State' is the introduction, the preamble, to the Second Amendment. 'The right of the people to keep and bear Arms, shall not be infringed' is the Second Amendment. The writer's interpretation of the Second Amendment is the way many courts interpret it: They place the preamble of the Second Amendment over the right itself. They focus on the militia clause, which, legally speaking, is not binding. Chief Justice Joseph Story, speaking of preambles, said that: 'It can never be the source of any implied power.' The writer, and others of her ilk, have made it all powerful." ... |
DC: Parents rally to thwart lifting of handgun ban
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Bruce W. Krafft
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"It has been less than three years since Deborah Evans-Bailey's daughter was fatally shot outside her home. Yet every time she leaves her house she is transported back to the sound of gun-shots ..."
"'There are so many [guns] in Washington DC,' she told The Independent, sitting in the living room in the hard-scrabble Anacostia district of the city. 'To give permission for anyone to have a gun to shoot there will be a bloodbath.'"
"Mrs Evans-Bailey ... is at the centre of a group of angry voices outraged over a court decision that has opened the way for Washington's handgun ban to be lifted. Last Friday an appeals court in the nation's capital ruled that the ban – passed in 1976 – was unconstitutional." ... |
The Right to Ban Arms
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New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"A federal appeals court panel in Washington has marched blithely past a longstanding Supreme Court precedent, the language of the Constitution and the pressing needs of public safety to strike down Washington�s law barring residents from keeping handguns in their homes."
"The ruling, approved 2 to 1 last week by the Federal Court of Appeals for the District of Columbia Circuit, was the first from a federal appeals court to hold a gun control law unconstitutional on Second Amendment grounds. It cries out for prompt reversal by the full circuit, and ultimate rejection by the Supreme Court." ... |
A Well-Regulated Right to Bear Arms
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Bruce W. Krafft
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"In striking down the District of Columbia's handgun ban last week, a federal appeals court raised the crucial constitutional question: What should be the degree of judicial deference to government regulation of firearms? The decision by the U.S. Court of Appeals for the D.C. Circuit interpreted the Second Amendment as bestowing on individuals a right to have guns. But even if this reasoning is accepted, and it is very much disputed, the Court of Appeals still should have upheld the law as being a reasonable way of achieving the government's legitimate goal of decreasing gun violence."
"There is a major debate among scholars and judges involving two competing views of the Second Amendment. ..." ...
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NM: Story of carjack gunbattle emerges
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Bruce W. Krafft
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"An Albuquerque father shot in front of his 10-year-old daughter during a gunfight with an accused carjacker on Sunday is making a remarkable recovery."
"Hector Camarillo's condition has been upgraded from critical to satisfactory."
"KRQE News 13 has now learned Camarillo told police he had to shoot to protect himself and his daughter, according to an Albuquerque Police Department criminal complaint."
"Camarillo, who said the carjacker shot first, was hit by one bullet. However he had his own pistol and shot the suspect three times."
"Police allege Alex Maldonado, 19, was behind the violent crime spree that began with another carjacking and ended in the shooting." ... |
AL: Robber takes refuge in pit bulls' turf
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Bruce W. Krafft
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"An armed robber fleeing the scene of a crime in Montgomery, Ala., took refuge in a backyard guarded by two pit bulls."
"The man had robbed a store Wednesday morning, but was forced to leap a fence into the dogs' yard after a merchant chased after him with a loaded .357-caliber pistol ..."
"Somehow, the armed robber was able to escape both pit bulls and remained at large."
"Businessman Rodney Graham said he chased the masked robber after seeing the man hit a female clerk at the store."
"Graham fired three shots at the fleeing robber, but authorities were not sure whether blood found in the dogs' yard was the result of a dog bite or a bullet wound. Either way, Montgomery police praised Graham's courage." ... |
TX: Homeowner fights back against intruders
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New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"A father grabbed a gun and opened fire when he heard someone break into his home in northwest Harris County last night. ..."
It happened on Dusty Dawn and Coral Stone just after 8pm when police say two men broke into the house. Inside the house was the homeowner, his wife and two small children."
"The man who broke in was armed, but what he may not have expected was for the homeowner to be armed as well. Multiple shots were exchanged between the two men and the homeowner shot and killed the intruder." ... |
IN: Man shot to death after breaking into ex-girlfriend's home
Submitted by:
Bruce W. Krafft
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FULL TEXT BELOW:
Metro police are investigating a deadly shooting on the city's northside.
Investigators say around midnight, Clyde Spearman broke into his ex-girlfriend's home in the 3,900 block of North Ridgeview Drive and began attacking her new boyfriend.
Police say Gregory Schwab found his gun and shot Spearman, who died.
Officers did not arrest Schwab, saying it appears to be a case of self-defense, but the case has been turned over to the prosecutor to review. |
MS: Barbour signs bill to toughen gun laws for felons
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Anonymous
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"Convicted felons will face stiffer penalties for possessing weapons or using guns while committing crimes, under two bills Gov. Haley Barbour signed Tuesday."
"Both new laws take effect July 1."
"Under one of them, a felon will face a 10-year sentence if found guilty of possessing a gun, 'bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack' or silencers for firearms. The penalty had been three years."
"The other new law says a convicted felon found guilty of using a gun during a crime would be sentenced to 10 years, which would run consecutively to any other penalty a judge hands down. Barbour said anyone convicted of the crimes would not be eligible for a reduction in sentence. Violators could also be fined up to $5,000." ... |
IL: Senate committee supports passage of .50-caliber rifle ban
Submitted by:
New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"A proposed ban on .50-caliber rifles advanced Tuesday in the Illinois Senate after supporters cautioned that terrorists could use the weapon."
"An opponent said, however, that the Senate committee's approval of the ban is the first step toward outlawing all single-shot rifles."
"The Senate Public Health Committee recommended passage of Senate Bill 1471, which would prohibit sale or possession of the high-powered rifle that can fire a cartridge about 11/2 miles with accuracy. Sen. Dan Kotowski, D-Mount Prospect, said al-Qaida terrorists and Iraqi insurgents use .50-caliber weapons and worried someone could shoot down an airplane at O'Hare airport in Chicago." ... |
OH: Same Rules for Everybody (OFCC)
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Bruce W. Krafft
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"The provision of HB347 affecting the most Ohio CHL holders this morning is the removal of the requirement to openly carry in a motor vehicle. Despite the sheer panic being promoted by some members of the media, even law enforcement groups did not fight against this provision, seeing it as a non-issue."
"But it is statewide preemption that is now garnering the most attention, and is the most important provision for those Ohioans oppressed by local gun control strongholds."
"As of this morning, all law-abiding Ohioans live under the same rules when it comes to owning or carrying firearms." ... |
TX: Bill would clarify self-defense rights
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Bruce W. Krafft
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"Texans could protect themselves against intruders or attackers without fear of a lawsuit under a bill the Texas Senate unanimously approved Tuesday to clarify self-defense rights."
"'This bill affirms the right of law-abiding Texans and puts the law on their side when they respond with force to an attack,' said Sen. Jeff Wentworth, R-San Antonio, author of Senate Bill 378."
"A similar bill is pending in the state House."
"Current law requires an intended victim to try to retreat first, if the confrontation takes place outside of the home." ... |
MT: Legislator responds to anti-gun charge made in GOP mailing
Submitted by:
Bruce W. Krafft
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"Rep. Julie French, D-Scobey, is upset about a mailer, sent out by the Montana Republican Party, regarding her vote on House Bill 340."
"French voted against the bill that broadens the definition of self-defense while using a gun. ..."
"French says she strongly supports the Second Amendment and that her husband and her son own guns. She, however, says the bill was poorly written. French said the bill would allow a self-defense plea for any action and require prosecutors to delay filing charges for 10 days for gun crimes, if a defendant claims self defense. She said that would allow defendants the opportunity to 'leave town.'" ...
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Submitter's Note: I couldn't find any such provision in the bill. |
GA: APD says crime stats are down, as pistol sales climb
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Bruce W. Krafft
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"Five people have been shot in Albany in the last six days. That's frightening to the people who live here."
"So much so, that many of them are buying guns and getting permits to carry them. Albany police insist, though, that violent crime is down."
"Handgun sales have increased dramatically at Backwoods Outdoors. Gun salesman Frank Herndon told us, 'People want to protect themselves. We have a lot of people who come in and buy the handguns from us and the holster, so they carry them concealed.'"
"Frank Herndon is a former Albany Cop, and he says people are arming themselves. 'The way crime has increased so much here lately, and there is more violent crime, you know robberies and shootings.'" ... |
MD: Four Shooters Gain All-America Status
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New York State Rifle & Pistol Association
Website: http://www.nysrpa.org
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"For the second straight year, four Navy rifle shooters earned All-America honors, the National Rifle Association announced recently, putting the cap on another successful season for the Navy rifle team. Chris Schneider, Sarah Bergman, Lisa Kunzelman and Josh Albright all earned the honors for the second straight year."
"Senior Chris Schneider led the Navy contingent with a first-team All-America honor in smallbore. Schneider became a four-time All-American after earning first-team accolades last year, second team as a freshman and honorable mention as a sophomore." ... |
OH: Wednesday, March 14: HB347 takes effect today (BFA)
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Buckeye Firearms Association
Website: http://www.buckeyefirearms.org/
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"The long awaited end to one of the dumbest provisions of Ohio's original concealed carry law is here."
"For the first time in the almost three years since Ohio's concealed carry law took effect, CHL-holders are no longer required to carry their holstered firearm in 'plain sight' while in a motor vehicle. The unpopular, unsafe requirement was struck from Ohio's law by HB347, a bill which became law despite a gubernatorial veto last December." ... |
PA Mayor Tells SAF She is Quitting Bloomberg's 'Dubious' Coalition!
Submitted by:
Bruce W. Krafft
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"Williamsport, PA Mayor Mary B. Wolf has quit New York Mayor Michael Bloomberg's "Mayors Against Illegal Guns" coalition, telling the Second Amendment Foundation in a letter that she joined in hopes of finding 'community based solutions to reduce gun violence.'"
"However, in a letter to Bloomberg -- a copy of which Mayor Wolf forwarded to SAF founder Alan M. Gottlieb -- she told Bloomberg, 'I have learned that the Coalition may be working on issues that conflict with legal gun ownership and that some
actions on your behalf are dubious.'"... |
OH: As Expected: Cleveland Files Lawsuit Against HB347 (OFCC)
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Bruce W. Krafft
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"Today, the City of Cleveland filed a declaratory judgment against The State of Ohio's attempts to modify Ohio Revised Code (RC) section 9.68 (as modified in HB347) in an effort to have it over turned."
"We've acquired a copy of the 12 page complaint. City of Cleveland v. State of Ohio (may require latest version of Acrobat)."
"This means that Cleveland will be the first City to challenge statewide preemption, but appears not to jeopardy any other area of HB347 such as carrying concealed in a motor vehicle. At the time of this writing OFCC was not aware of any stays granted to Cleveland. |
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