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Constitution's provisions optional to progressives
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"A recent letter writer argues that 'if the founders had known what today's handguns were capable of and the carnage they cause, they probably would have worded the Second Amendment to clearly restrict handguns to militias.'"
"The letter concludes, 'The Constitution should not be viewed as a stagnant, static set of rules that can't be modified as circumstances dictate.'"
"This is a clear statement of the progressive position that the Constitution should be viewed as a 'living' document and that restrictions on the power of government prevent it from meeting the country's needs. Beginning ... in the 1880s, the progressive approach has been to detach government from the inconvenient provisions of the Constitution." ... |
Is Senate Majority Leader Harry Reid Pro-Gun or Anti-Gun?
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Bruce W. Krafft
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"Nevada Senator Harry Reid claims to be a defender of the Second Amendment. Is that really the case? You decide. Here is a list of votes he has cast over the past twenty years in the U.S. Senate:" ...
"10. July 28, 2005�Voted for an amendment to require all handgun purchasers to pay an implicit 'gun tax' by requiring them to buy a trigger lock when they purchase their handgun, irrespective of need."
"11. March 2, 2004�Voted to outlaw the private sale of firearms at gun shows unless the buyer agrees to submit to an FBI background registration check. This legislative would have effectively eliminated gun shows because of stringent requirements placed on event sponsors." ... |
In California it just gets better and better
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"The second Amendment is needed more than ever! Oakland, California announced yesterday a list of crimes they simply can't get to if they lay off officers to balance the budget. The city says that each of the 776 police officers currently employed at OPD costs around $188,000 per year. The Oakland Police department say that in the face of force reductions due to budget limits, there is a whole list of crimes they just won't be able to respond to:" ...
"... Isn't it interesting that whenever a city faces a budget crisis, it is public safety that is the first thing cut? It is like school districts that cut the bus schedules first when the budget gets tight. These are the things that ... encourage you to submit to more taxes." ... |
NRA's 'disgraceful' ad on Kagan, and why it is spot-on
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Bruce W. Krafft
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"The National Rifle Association of America is being criticized in various quarters for its advertisement urging people to remind the U.S. Senate that the last time it confirmed a Barack Obama nominee to the Supreme Court, that candidate said the she understood how important the Second Amendment is, and that it protected an individual right."
"The NRA's advertisement raising red flags about nominee Elena Kagan is hardly worth watching�after the first dozen times, or so. It is one of two razor-edged political advertisements currently airing, and available now on YouTube. The other concerns Washington State's senior Senator Patty Murray, now running for a fourth term. We will discuss that in a moment." ... |
U.S. pockets $20.6 bln in sin taxes in FY'09
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"Americans armed themselves to the teeth and paid through the nose to have a smoke, according to a U.S. government report released on Wednesday." ...
"There was also a spike in tax collection from the sale of guns and ammunition, said the report from the agency that has an annual budget of $99 million."
"In October 2009, firearms and ammunition excise tax collection climbed 45 percent from the previous fiscal year, the greatest annual increase in the firearms tax revenue in the agency's history, the report said. By comparison, the average annual increase for fiscal years 1993 to 2008 was 6 percent." ... |
Wicker To Oppose Kagan's Nomination To SCOTUS
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"Sen. Roger Wicker announced today that he will not support Barack Obama's nominee, Elena Kagan, to the Supreme Court. Wicker joined Sen. Thad Cochran in opposing Obama�s first nominee- Sonya Sotomayor- last year. I don't believe Cochran has made any public statements on how he will be voting, but I have a hard time imagining he votes in favor of Kagan either. Wicker's statement is below:" ..."I am also troubled by her history on abortion and the Second Amendment. ... Her record also appears to demonstrate a personal aversion to the right to bear arms. These actions call into question whether she will interpret the law as written or as she would like it to be." ... |
Senators split on Kagan support
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"Supreme Court nominee Elena Kagan won't be getting Sen. John Thune's vote, but she's a decent bet to get Sen. Tim Johnson's approval."
"Thune, South Dakota's Republican senator, announced Wednesday what he's been suggesting for a while: He'll vote against President Obama's choice for the nation's highest court, citing Kagan's lack of judicial experience and her 'partisan political background.'"
"'While Ms. Kagan's background in academia is impressive, I have deep reservations about her ability to serve on the nation's highest court with impartiality,' Thune told reporters a day after meeting with the former dean of Harvard Law School." ... |
Why justices play politics
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... "The justices strenuously deny voting their own policy preferences. So, are they insincere?"
"Well, no, except that none admits that interpreting the Constitution is an inescapably subjective enterprise in which policy and political preferences unavoidably play a big part. ..." ...
"Consider the landmark 5-to-4 ruling in 2008 that the ambiguously worded Second Amendment protects against the federal government an individual right to bear arms ..."
"All nine justices claimed to be following the Second Amendment's original meaning. Yet the bitter liberal-conservative split perfectly matched the factions' apparent policy preferences." ... |
Shooting Survivors Ask to Close Gun Show Loophole
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Bruce W. Krafft
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"Scenes from Virginia Tech and Columbine are harsh reminders of what happens when the wrong people get access to guns. Wednesday, people close to both of those tragedies asked Congress for help closing 'the gun show loophole.'"
"Tom Mauser['s] ... son Daniel ... was shot and killed in Colorado's Columbine High School Massacre in 1999."
"Eric Harris and Dylan Klebold had bought their weapons at a gun show from a private, unlicensed seller." ...
[Submitter's Note: No, they didn't. The weapons were straw purchased for them.]
"Some people were families and survivors of the 2007 Virginia Tech shootings. ..." ...
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Submitter's Note: And the VA Tech shooter didn't get his weapons from a gun show, so what is the relevance? |
Tea Party: It's Not Just Taxes, It's The Constitution
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"On a sweltering night in Manassas, the Virginia Tea Party Patriots are holding a rally."
"'The theme tonight is defending the Constitution � we are revisiting what were the fundamental principles that made this nation great, that makes Virginia great,' an organizer tells the crowd."
"The Tea Parties started as an anti-big government, anti-tax movement ... But Tea Partiers have another pressing concern � an obsession, really � the United States Constitution."
"Along with the 'Don't tread on me' flags and the George Washington impersonators, the Constitution is ubiquitous at Tea Party events, whether it's reproductions of the original parchment or pocket-sized copies." ... |
CO: Wheat Ridge man faces attempted murder charges for using his gun
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"What are we to think? Last February, a Wheat Ridge, Colorado man named Robert Wallace, saw two men hooking his flatbed trailer up to their truck in his driveway beside his house. He grabbed his gun and ran out to stop them. They didn't stop, and according to Mr. Wallace tried to run him down on their way off his property. He shot twice, hitting one man in the face. Shortly thereafter one perpetrator dropped his wounded friend off at a hospital ..."
"It is said that the wheels of justice grind slow, but very fine. So far the district attorney has filed 12 felony counts against Mr. Wallace including 4 counts of attempted murder ... and as of July 14th, no charges have been filed against the two admitted thieves ..." ... |
The uninfringed -- Two-nil to the gun lobby, but with plenty of money still to be spent on lawyers
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"FOR the 'bitter' Americans Barack Obama accused in 2008 of 'clinging' to their guns (and religion), this has been a sweet week. In June of that year five of the nine justices on the Supreme Court ruled in DC v Heller that the right to bear arms set out in the second amendment really did apply to individuals and not just to the 'well regulated militia' in the arguably ambiguous sentence that ends by saying 'the right of the people to keep and bear arms, shall not be infringed.' Now, almost exactly two years later, and again by five votes to four, the court has ruled, in McDonald v Chicago, that this right must be acknowledged by state and local governments and not only by the federal one." ... |
A One-Off Win for Gun Control
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"Since the Supreme Court's decision to incorporate the Second Amendment in McDonald v. Chicago last month, there has been a legitimate fear that the decision will endanger sensible gun regulations � in particular laws forbidding those convicted of domestic violence from owning guns. But yesterday the 7th Circuit Court of Appeals ruled in United States v. Skoien that incorporation of the Second Amendment does not mean that regulations that keep guns out of the hands of domestic abusers are unconstitutional."
"As the first test of sensible gun regulations after McDonald, Skoien is a significant victory for gun-control activists and women. ..." ... |
Dead Wrong
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"The Supreme Court's ruling on Chicago�s gun control law of June 28th severely restricts what states can do regarding gun control within their borders. True conservatives, like myself, are appalled. Not only does this narrow 5-4 decision infringe on states' rights, or what's left of them, it violates the conservative justices own claim that they read the constitution using the lens of the original intent of the Founders. The fact is the Second Amendment was added to the Constitution to strengthen the states' right to form a militia by empowering their citizens to bear arms under special circumstances. It was not written to give citizens the right to own guns in all circumstances." ... |
NRA waiver a disgraceful payoff
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"It was somewhat alarming a few weeks ago to learn that the National Rifle Association had obtained a waiver from the operation of some congressional action concerning campaign finance reform. I thought little more about it until the word just came down that the NRA has endorsed U.S. Sen. Harry Reid, D-Nev., to maintain his seat."
"With the quid pro quo now revealed, the waiver obtained by the NRA is exposed as another dirty, rotten payoff, typical of the disgraced, immoral, illegal and senseless manner in which the current Democrat-controlled federal government buys votes. Shame on Wayne LaPierre, president of the NRA!" ... |
Crist stands firm on gun rights
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"Charlie Crist and 'never wavered' are words that don't seem to naturally fit together these days ... Most famously, he abandoned the Republican party after pegging himself as a both a Jeb Bush and Ronald Reagan Republican throughout his political career."
"Yet Crist, who has been known to attribute his political flexibility to his desire to serve 'the people,' claims there is one issue where voters can trust him to never waffle."
"'Gov. Crist has never wavered in his support of the Second Amendment, the right to bear arms,' reads the Crist for U.S. Senate campaign website."
"Given Crist's serial elasticity, we wondered if this could be true. Does the ... Governor actually have steady convictions about, well, something?" ... |
LA: 'Gun man' takes aim at Vitter and Melancon
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"State Rep. Ernest Wooton is the 'gun man' in the Louisiana Senate race."
"'Yes, I'm a gun man,' he told The Ballot Box. 'I think the Second Amendment's always an issue. We're making criminals out of people for living by the Second Amendment of the Constitution.'" ... |
OH: Buckeye Firearms Association endorses Josh Mandel for Ohio Treasurer of State
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"Buckeye Firearms Association (BFA) is pleased to announce our endorsement of Josh Mandel (R) for Ohio Treasurer of State in the 2010 general election."
"Many politicians talk about defending our rights. Josh Mandel shares our values. He knows our Second Amendment rights are essential for safeguarding our families, our homes and our freedoms. He voted for SB184, Ohio's Castle Doctrine law, which restored important rights that had been lost. He has been endorsed multiple times by Buckeye Firearms Association and he has earned our endorsement again." ... |
Congresswoman Carolyn McCarthy Introduces Legislation Requiring Lost and Stolen Gun Reporting
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Bruce W. Krafft
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"Congresswoman Carolyn McCarthy (D-NY), introduced The Firearm Owners Responsibility Act, which will require reporting of lost and stolen guns to the police."
"The legislation will require that gun owners report a lost or stolen gun to law enforcement within 3 days (72 hours) from discovery of the firearm's loss or theft. ..." ...
"... Straw purchasers often rely on the 'I lost it and forgot to report it,' loophole to get off the hook. ..." ...
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Submitter's Note: Here's the scenario I forsee:
Officer Friendly: "Sir you gun was found at a crime scene."
Straw Guy: "That's impossible, that gun is locked up in the shed. Let's go look." Opens empty shed. "Oh my goodness gracious! Officer all of my guns are *gone*! Well I'm glad you are here so I can report them stolen." |
MA: Gun ban raises the heat in Rehoboth
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"Concealed weapons are raising the discomfort level in town hall, from which selectmen specifically excluded firearms Monday night."
"But such a declaration could be in conflict with state law that prohibits weapons only in schools, not other public buildings."
"The issue arose after selectmen made three appointments to the finance committee, including former Selectman Christopher Morra ..." ...
"At the meeting, finance committee Chairwoman Sue Pimental ... mentioned Morra by name as having a license to carry. The statement prompted a closed session ... after which selectmen Chairman Ken Foley asked anyone carrying a weapon to leave." ... |
PA: Oley set to repeal ban on bringing firearms into municipal building
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"Less than a month after passing an ordinance that made it illegal to carry firearms into the municipal building, the Oley Township supervisors plan to repeal the measure tonight."
"The supervisors have moved quickly to withdraw the ordinance after gun advocates pointed to a state law that they contend prohibits counties and municipalities from regulating the lawful ownership and possession of firearms."
"Supervisors Chairman David R. Kessler, who also is a Democratic state representative, had little to say Wednesday about the change of heart."
"But fellow Supervisor Jeffrey A. Spatz acknowledged the board had made a misstep that quickly aroused opposition." ... |
Court's decision offers some clarity on gun laws
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Bruce W. Krafft
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"A federal appeals court upheld a ban on gun possession for a domestic violence offender in a ruling that several anti-violence advocates applauded Wednesday for providing some clarity after the U.S. Supreme Court's recent landmark decision on gun restrictions."
"The 7th U.S. Circuit Court of Appeals in Chicago ruled 10-1 on Tuesday to reinstate a southern Wisconsin man's conviction for having a gun while on probation for a misdemeanor domestic violence conviction. ..."
"The Wisconsin case was being closely watched by advocates of gun rights and domestic abuse victims ... While the court signaled some gun restrictions may survive legal challenges, it offered assurances only on laws that bar felons from having guns." ... |
DC photographer detained twice in four months for taking pictures of cops
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Bruce W. Krafft
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"Jerome Vorus, a 19-year-old man living in Washington DC, is the latest photographer to prove that cops either do not know the law regarding photography or just choose to make it up as they go along in the hopes the photographer will be clueless."
"Fortunately, Vorus is far from clueless."
"In the last four months, he�s been detained twice for taking pictures of cops."
"In the first incident last March, he was actually tackled by an officer ..."
"You can hear that incident in the audio recording he made ..."
"The assault takes place in the first clip. The second clip captures the aftermath, including a moment when a cop tells Vorus he needs to 'stop hiding behind the Constitution.'" ... |
USA Today denounces wiretapping arrests; Cops offer flimsy argument
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"USA Today became the latest mainstream media publication to address the alarming and increasing trend of police officers using wiretapping laws to arrest citizens who videotape them."
"Like The Washington Post did in an editorial last month, the second-most circulated newspaper in the country denounced these actions as a violation of citizens' rights." ... |
ATF Agent Faces Murder Charge in U.S. Virgin Islands
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"An ATF agent is being tried for murder in the U.S. Virgin Islands in a case that has pitted local cops against federal agents, and caused furious U.S. law enforcement authorities to withhold help from local police while crime and gun violence in the popular tourist destination continue to climb."
"Special agent William Clark is charged with second degree murder for shooting his neighbor Marcus Sukow at their St. Thomas condo complex in 2008. Sukow's girlfriend had sought help from Clark during a domestic dispute, and Sukow was angry, inebriated and wielding a metal flashlight when Clark shot him. Local and federal authorities differ, however, on whether the shooting was justified." ...
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Submitters note: They don't like it when they are on the receiving end. |
Wash. Post reporter seeking out DC photogs who have been harassed
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Bruce W. Krafft
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"After more than three years of blogging about photographers getting harassed for taking photos, it is refreshing to see the mainstream media finally taking notice that we have a serious issue in this country regarding fundamental rights."
"A month after writing about the Anthony Graber incident, Washington Post reporter Annys Shin reported on the Jerome Vorus incident."
"And now she is seeking other photographers in the DC area who have had similar run-ins."
"This could lead to a much broader story in one of the most influential and respected newspapers in the country which just happens to be read daily by the people running this country." ... |
NY: Ex-Officer Avoids Jail Time in Arrest of Times Square Bicyclist
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"A former New York City police officer convicted of lying about a confrontation with a bicyclist in Times Square was given a conditional discharge on Wednesday in State Supreme Court in Manhattan."
"The former officer, Patrick Pogan, had faced up to four years in prison, but will avoid any time behind bars. ..."
"In April, a jury found Mr. Pogan guilty of filing a criminal complaint that contained false statements concerning a 2008 collision with Christopher Long, who was participating in a Critical Mass bike ride. ..." ...
"Mr. Pogan, who was on the job for less than two weeks when the collision occurred, resigned from the police force. Because he was convicted of a felony, he would not be allowed to attempt to rejoin the Police Department." |
LA: Cops could face death in post-Katrina shootings
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"Three police officers charged in the killing of two unarmed residents on a New Orleans bridge after Hurricane Katrina and a cover-up that followed pleaded not guilty on Wednesday."
"Sgts. Robert Gisevius and Kenneth Bowen and Officer Anthony Villavaso ... will remain jailed at least until a hearing Friday. A tentative trial date is set for Sept. 13."
"... Former officer Robert Faulcon made his initial court appearance Tuesday in Texas, where he was arrested, but has not entered a plea."
"The charges against the four carry a maximum sentence of life in prison or the death penalty, although U.S. Attorney Jim Letten said the Justice Department hasn't decided whether to seek the latter punishment." ... |
CA: 80 Oakland cops laid off after no deal is reached
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"Despite last-minute negotiations Tuesday, one of the nation's most crime-ridden cities had to lay off almost 10 percent of its police force."
"Oakland city leaders and its police union failed to agree before a 5 p.m. deadline, leaving 80 officers without their badges. The dismissals leave the embattled department with 696 officers in a city of more than 400,000 residents."
"The sticking point was over job security. ..." ...
"Gordon Dorham, one of the 80 officers laid off Tuesday, was more blunt. The officer of 2 1/2 years said one word describes how some Oakland residents now feel: 'Fear.'"
"'The citizens are scared,' Dorham told KRON-TV. 'They're scared and they know that the wolves are coming out.'" ... |
NY: Ex-officer gets no jail time in NYC bicycle clash
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"The clash between the rookie police officer and the bike-riding activist happened in an instant. The fallout lasted for almost two years after video of the Times Square confrontation became a YouTube sensation."
"It ended Wednesday as former officer Patrick Pogan's criminal case was closed without jail time or probation after he was convicted of lying about the 2008 incident."
"Pogan, 24, fought back tears ... after hearing his sentence, technically known as a conditional discharge."
"He had gone to a Manhattan court facing the possibility of up to four years in prison, but a judge turned down prosecutors' request for time behind bars and even a defense lawyer's suggestion of community service." ... |
GA: 2 officers out of jobs in wake of repeated Tasering of woman
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"Janice Wells called the Richland Police Department when she feared a prowler was outside her clapboard house in the rural west Georgia town."
"The third-grade teacher had phoned for help. But within minutes of an officer coming to her backdoor, she was screaming in pain and begging not to be shocked again with a Taser. With each scream and cry, the officer threatened her with more shocks." ... |
OR: Oregon police chief won't let definition of law get in the way of a few arrests
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"Despite having to dish out a $19,000 settlement for arresting a man who videotaped police and despite an explicit memo from the city attorney stating that these arrests are bogus and won�t stand up in court, an Oregon police chief insists that these types of arrests will continue to happen."
"It all boils down to each officer's interpretation of the state's wiretapping law, stated Beaverton Police Chief Geoff Spalding."
"In other words, it all depends whether or not the officer chooses to make up the law on the spot as we've been seeing in so many recent cases." ... |
CA: Open Carry event educates without any problems
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"Besides the comfortable weather and busy beach goers, last Saturday wasn�t a very typical one for Hermosa Beach as people swept through town picking up trash while holstering firearms."
"The demonstration was peaceful and aimed to educate citizens on the open carry law that allows gun owners to carry a weapon, unconcealed and unloaded. The South Bay Open Carry organization held the event to also show people that responsible people ... own guns ..."
"... 25 people, 15 of whom reportedly carried weapons like Berettas, Glocks and an M-16-style gun, picked up trash ... Most notably, there were no arrests, altercations, shootouts, calls of panic or swarms of police cars confronting the participants." ... |
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