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OR: Oregon court rules teeth not considered dangerous weapon in a fight
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Biting your opponent during a brawl may violate the rules of what's considered a fair fight, but it doesn't turn the attack into first-degree assault.
The Oregon Court of Appeals has ruled Wednesday that teeth cannot be considered dangerous weapon in a case that grew out of a 2008 fight between two Marion County men.
During the fight, 30-year-old Scott Russell Kuperus II, clamped down and took out a chunk of his opponent's lower ear. He was arrested and later convicted of first-degree assault and second-degree assault and sentenced to 90-months in prison. His attorney argued the first-degree assault charge was wrong.
Submitter's note: So, at least for now, we don't need a government-issued permit to possess concealed teeth. |
Maloney Announces Major Gun Check Legislation
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Outraged at the number of gun deaths in recent weeks, Congressmember Carolyn Maloney (D-Queens/Manhattan) is co-sponsoring major legislation requiring closer background checks for gun purchasers in order to keep them out of the hands of criminals and people with mental illness. The bill will be sponsored by Congressmember Carolyn McCarthy (D�Long Island), whose husband was murdered. A companion bill has already been introduced by U.S. Senator Charles Schumer (D-N.Y.) Maloney announced the anti-gun effort last week, where she was joined by McCarthy, Schumer and Mayor Michael Bloomberg, a staunch gun control advocate. |
Obama DOJ Further Loosens Miranda Restrictions
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The rule established in the 1966 Supreme Court case Miranda v. Arizona has never been overturned.
In theory, law enforcement still needs to tell every suspect they arrest all that business about the right to remain silent, that anything they say can and will be used against them, yadda yadda yadda.
But in reality, for better or worse, the Miranda rule is a shell of its former self. Over the years, courts have consistently chipped away at it, providing exceptions here and there. It seems that police forces these days would practically need a law professor on hand to keep them updated on when it applies.
Submitter's note: Remember, whether you have been warned or not, you still have the right to remain silent. Exercise it! |
IA: Iowa terror drill portrays immigration foes as killers
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Foes of illegal immigration are up in arms over plans for a weekend disaster exercise in western Iowa with a fictitious scenario in which young white supremacists shoot dozens of people amid rising tensions involving racial minorities and illegal immigrants.
The exercise scenario describes shootings occurring after rising tensions in the community because of an influx of minorities, Reed said.
Craig Halverson of Griswold, national director of the Minuteman Patriots, an activist group that opposes illegal immigration, said today he is concerned that the exercise is intended to portray people who legally possess guns and who fight illegal immigration as extremists.
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FL: Cops clear Samaritan in stabbing of Jax man
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Police decided that a restaurant employee who stabbed another man in the parking lot of the local McDonalds the evening of March 15 was acting in self-defense after he was attacked by two brothers from Jacksonville.
One of the brothers, Heath Long, 29, was flown to Shands Jacksonville with an estimated five stab wounds to the abdomen and back. He was named in a criminal complaint for aggravated battery on employee Darrin Gibbon, 23, of Macclenny. |
OK: Not well-versed on Second Amendment issues
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In �Fallin backs open carry idea, waits for measure's final form� (news story, March 19), there are some misstatements by people who should know better. State Sen. Steve Russell, R-Oklahoma City, helped secure Senate Bill 129 but then stated that a concealed-carry permit �is a license to hide the weapon, not carry it.� If that's true, what part about �carry� does Russell not understand? I suggest he read the Oklahoma Self Defense Act booklet. |
CT: How Much Firepower Do You Need?
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The shooter in the Tucson attack on U.S. Rep. Gabrielle Giffords earlier this year that killed six and wounded 13 used a legally purchased semiautomatic Glock pistol with an ammunition clip holding more than 30 bullets. Large-capacity magazines like this, illegal from 1994 to 2004, were used in the mass shootings in East Hartford, at Virginia Tech and in Fort Hood, Texas, to name a few.
Cops such as Bridgeport Police Chief Joseph Gaudett see "no reason whatsover" for anyone to have these ammo clips. "The large-capacity magazines put not only the general public at risk, but especially the men and women of Connecticut's police departments," Gaudett told the General Assembly's judiciary committee in testimony Wednesday. |
NV: Bill would allow permit-free carry on campuses
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The Nevada Legislature is looking at a bill that would allow students to carry guns and other concealed carry weapons on college campuses.
Currently no one, including Nevada citizens who have concealed carry permits (CCWs), is allowed to bring firearms on university property without special permission from the university president, but S.B. 231 would make it legal to openly carry or conceal a firearm on UNLV�s campus without any permission at all.
The bill was postponed after hours of discussion.
Nevada university administrators are opposing the bill, which is sponsored by Sen. John Lee, D-North Las Vegas. |
RI: There are limits on constitutional rights
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Some vocal citizens assert that this clause delivers absolute, unrestricted, inviolable license to ownership of guns of any type, anywhere, anytime. Yet the courts have ruled logically that limits can be placed on constitutional amendments. For example, the First Amendment states the "Congress shall make no law ... abridging the freedom of speech," but you cannot yell "fire" in a theater - because someone might get hurt.
AK-47s, Uzis, Glocks and assorted other automatics and semiautomatics were designed as attack weapons - to kill people, not for sporting purposes. Possession of these weapons should be strictly limited - because someone might get hurt. They already did. |
GA: Georgia lawmakers still debating guns in churches laws
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The debate continues over where gun permit holders should be allowed to carry their weapons.
A bill approved by the State Senate would let the owners or members of a church decide whether to allow guns in their place of worship.
Gun rights activists it's a good step forward, but many church leaders say they still don't want guns in their churches.
Senate bill 102 was approved by a vote of 41 to 11, but has not been passed by the House. Instead of a statewide ban of guns in churches, it would let each church decide for themselves, like any other private property. |
Brady Campaign Wants Expanded Ban, Invents New Demon, Says CCRKBA
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Writing yesterday in his blog on the Opposing Views forum about his meeting with Obama administration officials last week, Helmke outlined his wish list, which includes "increasing the number and type of military-style weapons, including 'assault clips,' that should not be readily available to civilians."
"So, this is Paul Helmke's definition of a 'new discussion' that President Obama mentioned in his Op-Ed column two weeks ago," observed CCRKBA Chairman Alan Gottlieb. "Sounds like the same old rhetoric to us. Helmke wants to ban a larger number of commonly-owned firearms, and he has invented a new term to demonize a commonly-owned shooting accessory. Maybe that's what Helmke thinks Obama meant." |
ID: Safety Not the Only Concern in Guns On Campus Bill
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On Friday a senate committee in the Idaho Legislature will debate a bill to allow guns to be carried on university campuses. Safety concerns have made this a controversial topic on campuses but if the bill passes there could be other consequences.
"I believe students ought to have the option to decide if they want to take responsibility for their own safety," said Al Baker, co-author of proposed bill.
Al Baker is a law student at the University of Idaho and co-author of the bill. He says this is more than just students' ability to protect themselves, it's also in respect to our state constitution. |
What's Really Behind Obama's New Push for Gun Control?
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Indeed, Obama has been a consistent opponent of gun ownership. He enacted a ban on the importation of semiautomatic guns because, �The U.S. insisted that imports of the aging rifles could cause problems such as firearm accidents.� He has proposed much more extensive reporting requirements on sales of long guns. Obama�s nomination of anti-gun Andrew Traver to head the Bureau of Alcohol, Tobacco, Firearms, and Explosives threatens imposing many new regulations. Still further, the Obama administration has actively pushed for the U.N.�s Arms Trade Treaty and continues to make inaccurate statements about the source of Mexico�s crime guns. |
Constitution Arms New Tri-Plex Multi-Projectile .38 spl Cartridge
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Constitution Arms has completed its development of the ultra low recoil Tri-Plex(tm) cartridge. The round was developed in cooperation with the powder manufacturer and was subjected to in-house and independent laboratory testing.
The Tri-Plex is a patent pending triple-projectile .38 special standard load cartridge containing three stacked conical projectiles which at close range deliver a 158 grain payload that reliably separates and tumbles upon entering tissue. This provides similar energy transfer and physiological effect to an expanded semi-wadcutter hollow point (SWC-HP) bullet, but with significant improvements including a larger ballistic wound channel, greater hit probability, lower velocity and less recoil. |
NRA Eyes Record Rally for Gun Rights
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The National Rifle Association is expecting a record turnout at its annual members� meeting in Pittsburgh next month, the result, organizers say, of a growing national backlash against government intrusion into Second Amendment rights.
The event, which runs from April 29 to May 1, will feature a keynote by former Arkansas Gov. Mike Huckabee, a presentation of the Ronald Reagan Leadership Award by the late president�s son, Michael Reagan, and a performance by award-winning comedian Jeff Foxworthy.
NRA officials say publicly they expect at least 60,000 people to turn out for the convention. |
FL: Senate bill would allow guns to be carried openly
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Four Legislative bills seem poised to change Florida gun laws.
SB 234/HB 517: Lets people with concealed gun licenses carry weapons openly. Also allows carrying or storing firearms in a vehicle.
SB 432/HB 155: Doctors can be fined $500 or more if they ask patients about guns in the home. The original version carried a $5 million penalty.
SB 402/HB 45: Fines local governments that enact gun laws stricter than the state's.
SB 956/HB 4069: Repeals laws against purchasing rifles and shotguns in contiguous states. |
OK: Guns have no place on campus
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Utah�s done it. Now Texas is close to doing it. And nine other states may be right behind them.
If the Texas Legislature chooses to pass Senate Bill 354, concealed gun carry on college campuses will be legalized in the state. The possible action has caught the attention of campus shooting survivors who are now speaking out against the possible passage of the bill, according to a Tuesday Huffington Post article.
Survivors of the 1966 University of Texas shooting and more current shootings, such as the at 2007 Virginia Tech shooting, find the bill to be an affront to the memories of what they went through and a stretching of the Second Amendment. |
ID: LCSC officials, students weigh in on gun bill
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A bill passed by the Idaho House House allowing guns on university campuses is now headed for the Senate.
LCSC President Dr. Tony Fernandez says he believes in the Bill of Rights but thinks the legislature's aim is a little off.
"I think all of us support Second Amendment rights, that's not the question," said Fernandez.. "The question is where is it appropriate to allow firearms."
Fernandez believes the classroom dynamics could change should the bill become law.
"I'm sure it would have a chilling effect on a lot of people in the classroom," said Fernandez.
House Bill 222 states guns can be taken to sporting events, concerts and any other on-campus activity. |
AZ: House panel narrowly approves firearm reforms
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The measure includes provisions to allow guns on school grounds so long as they remain in cars; to allow guns at public events as long as alcohol isn�t being served; to require public establishments that ban firearms to provide secure storage lockers for gun owners; and to allow people to sue for damages if their rights pertaining to owning or carrying a gun have been violated.
The overall sentiment is to make sure that, in public areas, either everyone is allowed to have a firearm or no one is. |
WA: The Gun lobby's solution to gun violence: Pack more heat
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Utah is America's first lucky locale to have an official state gun: A week ago, the Browning M1911 automatic pistol joined cuthroat trout, Spanish sweet onions and the Dutch oven among symbols of the Beehive State.
Utah beat out Arizona, where legislators want to honor Wild West traditions by making the Colt single-action Army revolver official firearm of the Grand Canyon State.
The gun lobby gives no quarter. If you felt the Jan. 8 mass shooting in Tucson, which killed six and wounded 19 -- most severely, Rep. Gabrielle Giffords, D-Arizona, might temper "Wild West" traditions, think again. |
CO: Constitutional Carry Dead In Colorado
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Though not a surprise, yesterday the Senate State Affairs Committee voted 3-2 to kill HB1205, RMGO�s Constitutional Carry bill, which was carried by St. Rep. Chris Holbert and St. Sen. Greg Brophy.
The legislation would have made Colorado a �permit optional� state for concealed carry, joining Vermont, Alaska, Arizona, and Wyoming.
Despite overwhelming testimony that states with similar laws did not, in fact, see an increase in violence, Democrat Senators in the State Affairs Committee (Sens. Rollie Heath, Betty Boyd, and Bob Bacon) voted against the bill while GOP Sens. Kevin Grantham and Bill Cadman voted for the legislation.
Ed.: Also a video of RMGO testifying. |
NY: Bullet Bill Forces Gun Registration on New Yorkers
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A bill introduced this week in New York would require sportsmen and gun owners to register their firearms when purchasing �bullets.�
Senate Bill 4152, introduced by Senator Malcolm A. Smith, would require sportsmen and gun owners to provide their full name, date of birth, and address as well as the make, model, caliber and serial number of their firearm on an �application� prior to purchasing �bullets.�
The bill uses the generic term �bullets� in place of a more accurate description of the types of ammunition it seeks to restrict. It is unclear what types of ammunition would be classified as �bullets� under this bill. |
KS: Kansas Attorney General Says Localities Cannot Ban Unloaded Open Carry
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Like most states, Kansas state law allows law-abiding adults to openly carry properly holstered handguns without any permit.
And now Kansas Attorney General Derek Schmidt has issued an opinion clarifying that localities cannot ban �unloaded� open carry.
Op. Atty. Gen. No. 2011-006 (Kan., March 11, 2011)1 provides in relevant part that Kansas law allows �cities and counties to regulate only the open carry of loaded firearms, not unloaded firearms.�2 (underlined emphasis in original).
See www.ksag.washburnlaw.edu/opinions/2011/2011-006.pdf.
43 states allow open carry in public, and the only state besides Kansas which does not yet generally preempt localities from banning open carry is neighboring Missouri. |
WA: UPDATE: WSP insists no gun registry intended; no specific suspect in gun loss
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Washington State Patrol spokesman Bob Calkins admitted today that the agency has plenty of egg on its face over the letter one of its detectives sent to every firearms dealer in the state, which set off a furor that has yet to cool down, as the Seattle Times and Daily Olympian report today.
Calkins spoke to this column late this morning, in an effort to assure the firearms community that WSP is not the least bit interested in creating a de facto registry of AR-15 rifles on the pretext of trying to recover a missing agency weapon.
�I don�t mind getting skewered for what we did wrong,� Calkins said, �but we don�t want to get skewered for what we didn�t do. We�re not trying to create a registry.� |
Ideological Consistency
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Further examples of this exist when you look at how progressives often vehemently defend the First Amendment, stating it�s a constitutional right that leaves no room for infringement, but tend to get a lot more squishy when it comes to the Second Amendment. Contrast that with conservatives who support the Second Amendment and claim they will to the death, but supported the PATRIOT Act that all but rendered the Fourth Amendment into nothing more than a curious antique. |
CA: Be consistent on laws for adults
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We have 18- to 20-year-olds serving in the military defending our country, yet they are denied basic rights of adults. Here are just a couple of examples:
1. They carry and use automatic weapons, handguns and explosives on a regular basis but are not allowed their rights under the Second Amendment to own civilian handguns until they are 21.
2. They are not allowed to drink "adult" beverages until they are 21. |
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TO REMEMBER |
| The congress of the United States possesses no power to regulate, or interfere with the domestic concerns, or police of any state: it belongs not to them to establish any rules respecting the rights of property; nor will the constitution permit any prohibition of arms to the people; or of peaceable assemblies by them, for any purposes whatsoever, and in any number, whenever they may see occasion. �ST. GEORGE TUCKER'S BLACKSTONE |
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