If you are anti-guns, or afraid of guns, or just don't like them and don't want them in your house, then this blog is for you.
(It might just change your mind)

Monday, October 31, 2011

Police: Homeowner shoots intruder

Police say a central Indiana man shot an intruder who had broken into his home while his family was sleeping.

Anderson police say the 47-year-old man retrieved a handgun after being awoken about 1:30 a.m. Wednesday and confronted the 18-year-old intruder. Police say they scuffled briefly before the younger man was shot once in the back.

Police say the 18-year-old was taken to an Indianapolis hospital but didn't immediately release information about his condition. Investigators were searching for possible accomplices who might have fled the house in a neighborhood south of the city's downtown after the shooting.


http://www.wane.com/dpp/news/crime/police%3A-homeowner-shoots-intruder

EDITORS NOTE:   Remember that just because the suspect was "shot in the back" does not necessarily mean that he was running away or even just standing there harmless.  If someone is "shot in the back" does not necessarily mean the shooter was being cowardly, nor overzealous.  In reality, during a fight, people tend to twist and turn.  And you don't wait for someone to turn back around when they are in the process of attacking you.  If you are defending yourself or your family from an act of violence, weather inside or outside of your home, you have every right to shoot!

Women and liberals are buying guns


Gallup polls show that since 2009, gun sales have increased dramatically - especially among the demographics of Women democrats.  The Washington Times reports:

Gun ownership is on the rise in some surprising places. As much as President Obama would have us believe that only small-town yokels “cling to guns or religion,” a Gallup poll released Wednesday suggests many of the firearms that have been flying off the shelves in the past two years were purchased by Democrats and women. The Second Amendment has truly gone mainstream.  ... This change has significant impact on policy. ... There are now more Democrats with guns than there are liberals who want to take them away.
http://www.washingtontimes.com/news/2011/oct/27/democrats-cling-to-their-guns/

This is no small change in national opinion - these results have been picked up by other news outlets like ZeroHedge on which we reported earlier.
http://whyguncontrol.blogspot.com/2011/10/more-people-are-buying-guns.html

It seems that the Washington Times got it right when they summarized:

Violent crime has been on the decline as the number of people carrying guns has soared, so it’s obvious that the anti-Second Amendment crowd has been lying to us all these years. Crime cannot be wished away by enacting laws that only restrict what the law-abiding can do. As this truth sinks in, more gun grabbers will be converted into gun owners.
The truth is that guns when used in self defense are nothing more than tools to give an advantage in violent conflict.  You may not like guns, but if you find yourself in a violent situation and needing to defending yourself, you'll wish you had every advantage you can get.  Criminals have weapons and you can't put the genie back into the bottle.  Be prepared.  The arms race has come to suburbia.

National Right-to-Carry Reciprocity Act passes committee

By Bill Thompson

U.S. Rep. Cliff Stearns' bill forcing states to recognize valid concealed-weapons permits held by visitors from other “concealed-carry” states has passed a key committee and appears set for a House floor vote.

The House Judiciary Committee on Tuesday passed the Ocala Republican's bill 19-11, almost exclusively along party lines. Stearns' district includes portions of Alachua County.  Rep. Dan Lungren was the only defector, as the California Republican joined 10 Democrats in opposing Stearns' measure.

It's unclear when Stearns' bill, known as the National Right-to-Carry Reciprocity Act, might come up for a final vote.  It already has enough support to pass the House; as of Thursday, the measure claimed 245 co-sponsors.  Still, its eventual success might hinge on how lawmakers react to a recent change to the legislation successfully pushed by GOP Rep. Trent Franks of Arizona.

Initially, the bill mandated that concealed-carry permit holders who travel outside their home state must comply with the regulations of their hosts, and not with those of their home state.  In final committee hearings on the bill earlier this month, Franks proposed a slight change in language — covered in just eight words — that critics maintain was a significant departure from Stearns' original proposal.  The version approved Tuesday by the Judiciary Committee would prohibit states from requiring visitors to abide by the host state's laws defining who is eligible to possess or carry concealed firearms.

As of next month, when a recently enacted concealed-carry law takes effect in Wisconsin, 49 states will now permit the carrying of concealed weapons. Illinois is the sole exception.

Ramsey noted that 38 states refuse to grant permits to people convicted of certain violent misdemeanors, while 29 states deny permits to alcohol abusers, including people convicted of driving under the influence.
And 14 of the 49 concealed-carry states do not require some type of gun safety training or live-fire practice prior to obtaining the permit, Ramsey said.


In a statement about the National Right-to-Carry Reciprocity Act, Rep. Lamar Smith, a Texas Republican and chairman of the Judiciary Committee, said, “This legislation does not preempt a state's ability to set concealed-carry requirements for its own residents. It requires states that currently permit people to carry concealed firearms to recognize other states' valid concealed carry permits — much like the states recognize drivers' licenses issued by other states.”

The bill, Smith added, “also does not affect state laws governing how firearms are carried or used within the various states. A person visiting another state must comply with all laws and regulations governing the carrying and use of a concealed firearm within that state.”




Contact Bill Thompson at 352-867-4117 or bill.thompson@starbanner.com.

http://www.gainesville.com/article/20111027/ARTICLES/111029614?tc=ar

Thursday, October 27, 2011

More people are buying guns (women even more so...)



A recent Gallup report shows that gun ownership is up by 6% and at the highest levels since 1993.  Considering the social situation "out there", and the fact that the world is one badly phrased or translated headline away from a complete market collapse, this is hardly all that surprising.

Women are more armed than ever. The percentage of women gun owners is at a new all time high:  43% of all women own a gun.

 
http://www.zerohedge.com/news/gun-ownership-soars-18-year-high-47-americans-admit-owning-gun

Suprise: No support for gun control

Gallup: Gun control drops to lowest level of support ever 
By Ed Morrissey

If you wonder why Democrats stopped talking about gun control, well, wonder no longer.   Wonder no longer, either, about why Barack Obama and Congressional Democrats never followed up on their talk about re-enacting the so-called “assault rifle” ban.  Gallup’s top line result is stunning, but not as much as its demographic breakdown is:
A record-low 26% of Americans favor a legal ban on the possession of handguns in the United States other than by police and other authorized people. When Gallup first asked Americans this question in 1959, 60% favored banning handguns. But since 1975, the majority of Americans have opposed such a measure, with opposition around 70% in recent years. …
If you think that’s dramatic, take a look at what happened to the demographics on this question.  Guess which demos saw the biggest drop in support for stricter gun-control laws?  If you guessed the Midwest, well, score a point for you.  Midwesterners used to be the second-most supportive of gun control by region but now are the most opposed, even beating the South.  Aaaaaaaand if you guessed Republicans, score another point.

http://hotair.com/archives/2011/10/26/gallup-gun-control-drops-to-lowest-level-of-support-ever

Wednesday, October 26, 2011

Woman shoots, kills bow-and-arrow-armed intruder

By Thyrie Bland

An woman shot and killed her neighbor Monday night after he came into her home armed with a bow and arrow and asked for money.  Sean Harris, 24, was taken to Sacred Heart Hospital, where he died about 9:45 p.m. Monday.

Tabbatha Nussbaumer was in the shower in her upstairs bathroom when her 9-year-old son told her a man he didn’t recognize was in the house, the Pensacola Police Department said.  When Nussbaumer left her bathroom, Harris was at the bottom of the stairs holding the bow and arrow, police said.  Nussbaumer said Harris asked for money.

In an effort to get Harris out the house, Nussbaumer told him she had money in her truck. As Nussbaumer went out the front door, Harris followed and removed his clothes, police said.  Nussbaumer’s truck was parked on the street.

Police said Nussbaumer removed a handgun from the truck, turned around, faced Harris, who was standing a few feet from her, and shot him as he walked toward her, police said.  When police arrived, Harris was lying nude in the street.

The Police Department's investigation into the shooting is continuing.

http://www.pnj.com/article/20111011/NEWS01/111011002/Woman-shoots-kills-bow-arrow-armed-intruder?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE


EDITOR:  This could have gone very bad.  She should have had her handgun in the house, loaded and ready to use.  Not to mention the risk of theft from the car.  Plus the risk of now shooting back towards the house, where her 9 year old son was... If you need to lock it up, there are small quick access handgun safes available.

Elderly man shoots home invader



A home invader got more than he bargained for when he tried to rob an elderly west Jackson couple Tuesday morning.

82-year-old Paul Mikell, a retired brick mason, was awakened about 8:30 a.m. to the sound of his wife screaming. He got his .32 caliber handgun and headed for the front of the house. There he found his wife struggling with a man in his 30's who had invaded their home and was yelling where's the money.

Mikell shot the invader but he didn't go down. The homeowner got into another struggle with the intruder and had his gun taken from him. Mikell set off an alarm and made the invader run, despite being shot.

"I wish I could have killed him. And I wish one of them bullets would have hit him right in the head. ‘Cause I'm tired of the folks messing around with me like that. We are too old for that.  I am 82 years old. He ain't got no business doing it. He need to be shot and hung up," said Mikell

Police were called to the hospital and were able to arrest the invader. He has been identified as Sidney Humbles, 39, of Jackson.  He is charged with armed robbery and assault and was still in the emergency room at University Medical Center, at last report.

It all happened in this house that Mikell built himself between 1951 and 1953. He has lived here since.

Mikell wanted us to tell you if there is a next time, he will be armed with a more powerful weapon, at least a .38 caliber.

http://www.wlbt.com/story/15509877/elderly-man-shoots-home-invader

Tuesday, October 25, 2011

Canton Homeowner Shoots Intruder in the Leg

By TARYN ASHER

The homeowner told FOX by phone that it all started Wednesday afternoon when a knock at the door woke him up from a nap. Next, there was the sound of a brick busting through a front window of his Canton home. Two men managed to unlock the door and head inside. Both started up the stairs, but they were met by the owner, who had his service weapon in hand.

When the intruder reached for his weapon, the homeowner said he fired his several times. One bullet hit a wall, another the chandelier and a third struck the suspect in the leg. One of the intruders took off, but the homeowner said that he held other down until police arrived.

"I thought it was really crazy. You can't have anything. These people, they don't let you have anything. I know the economy is bad, but it's not this bad," said Antoinette Brown, a cousin.

"There's been all kinds of stuff going on over here," said Kevin Lapp.

The landscaper, who lives one neighborhood over, believes it's become so rough around there, he needs to keep his gun nearby at all times.

"You always got to drive around with a gun in the car," he said. "I've probably called the cops on ten, 15 people suspicious running around through here."

Police are still investigating, telling the homeowner his residence isn't the first place these guys have targeted.


http://www.myfoxdetroit.com/dpp/news/local/canton-homeowner-shoots-intruder-in-the-leg-20111012-ms

Gun-Toting Granny Stops Robber

By Brandon Todd

FORT WORTH, Texas - Police said a suspected robber on the run took one look at a Fort Worth grandmother with a gun in her hand and gave himself right up.

Lake Worth police had been chasing two brothers into Fort Worth when they bailed out of their car near Interstate 30 and Hulen Street. One brother ran into a neighborhood and chose some bushes to hide behind.

He chose poorly. Cindy Irving came out of her house armed and ready with her 357 six shooter in hand.

“We were looking down towards that way and he was up underneath the bushes just hiding down on the ground,” Irving said. “We heard somebody say, ‘I give up, ma’am. I give up. The police are looking for me.’ And my son and I just stopped and we were startled.”

Police said the person hiding in Irving’s bushes was 26-year-old Jonathan Franklin. Investigators said he and his brother were wanted for robbing a woman in Azle.

“’I’m gonna tell ya I’ve got a gun. It’s in your best interest not to move.’ Cause we didn’t know if he had a gun or not, you know. So he laid there and stuck his hands out and I’m callin 911,” Irving said.

In a few minutes Franklin was finally in handcuffs. Police also captured his brother. They now both face charges for strong arm robbery and evading police.

Irving said she’s never been afraid of guns.

“And I think that’s what made him say, ‘I give up.’ Cause he obviously saw that gun,” she said. “I feel kind of like Anne Oakley.”

http://www.myfoxdfw.com/dpp/news/092611-gun-toting-granny-stops-robber

Mobs Harass Motorists

By Matt Buedel

Motorists were accosted by groups. A group of about 50 young people on West Thrush Avenue near North Sheridan Road in June caused a disturbance by blocking the roadway and, according to one resident but not others, shouting race-related remarks.  Comments related to race also were part of one of the incidents last week.

A Meals on Wheels delivery driver was making his way to a home when he encountered a group walking down the middle of the road. As he exited to take the food to the door, he was verbally attacked, according to a report on the incident.  One teen called him "honky," while another threatened to "kick his white (expletive)."  As the volunteer driver returned to his car to leave, the teens surrounded his car and pounded on it.

A woman driving on Saturday night was the subject of a similar, but much more aggressive confrontation. She encountered a group of more than 40 teens.  The group surrounded the woman's car and began beating on it with an object that shattered her driver's side window. One of the boys involved in the attack also pointed a handgun in the direction of a passenger in the car.

When police responded, the group scattered in different directions. No arrests were made.

http://www.pjstar.com/news/x804700618/Teen-mobs-harass-motorists

Tuesday, October 11, 2011

More Guns in Good Hands = Less Crime, Despite what DC may think...

EDITORIAL: The District’s backdoor gun ban
Federal court weighs D.C.’s convoluted registration scheme

By THE WASHINGTON TIMES

Washington is doing everything it can to prevent residents from exercising their right to keep and bear arms.  Gun sales have skyrocketed in the rest of the country, but few dare take on the D.C. bureaucracy. The District’s obsolete gun-control schtick has grown tiresome.

Gun sales are at an all-time high throughout America, and crime is at an all-time low. A better-armed city is a safer city.

http://www.washingtontimes.com/news/2011/oct/10/the-districts-backdoor-gun-ban/

The Defense of Your Rights vs Facism Hangs By a Thread... Just ONE Vote in SCOTUS

Obama’s warning to gun owners
By Chris Cox

Currently, the Second Amendment clings to a 5-4 pro-freedom majority on the Supreme Court. Just one vote is all that stands between the America our Founding Fathers established and a radically different America that Barack Obama and his supporters envision.

If you want to read something scary, take another look at the minority opinions in the Supreme Court’s landmark Heller and McDonald decisions that struck down Washington, D.C.’s and Chicago’s unconstitutional gun bans. In the Heller dissent, four justices concluded that the Second Amendment does not guarantee an individual right to own a firearm, nor does it protect our right to defend ourselves, our families, or our property. In McDonald, the same four justices argued that the 5-4 Heller decision should be reversed.

If these four justices had just one more vote on their side, their opinion — that the Second Amendment should not exist in today’s modern society — would be the law of the land today. And assuredly, the anti-gun activist wing of the court knows how close they are to gaining the upper hand. As Justice Ruth Bader Ginsburg told a Harvard Club audience in 2009, she looks forward to the day when a “future, wiser court” overturns 5-4 decisions like Heller.

Praying for the health of five justices is not a sound legal strategy for ensuring that our Second Amendment freedoms survive the relentless legal assault that gun-ban groups are waging in courtrooms across America. We need a president who will nominate sound, originalist nominees to the high court — nominees who will preserve the freedoms our Founding Fathers enshrined in our Constitution.

If President Obama gets the opportunity to tilt the balance of the Supreme Court in his favor, we’re unlikely to see another pro-gun victory at the Court in our lifetime. Even worse, the 5-4 majorities in Heller and McDonald will be in serious jeopardy of being reversed, effectively eliminating the Second Amendment.

http://dailycaller.com/2011/10/11/michelle-obamas-warning-to-gun-owners/

Monday, October 10, 2011

A step in the wrong direction


California Gov. Enacts Ban on Open Handgun Carrying


Gov. Jerry Brown's says he has signed a measure that bans the open carrying of handguns in California.

The law, AB144, makes it a misdemeanor to carry an exposed and unloaded gun in a public place.

The governor's office made the announcement in a statement early Monday morning. Brown has been rushing to sign dozens of measures sent to him by lawmakers.

Top California law enforcement officials supported the legislation.

The Los Angeles Times reports that Brown said he had "listened to the police chiefs."

Supporters say the only person who knows whether the gun is loaded is the person carrying the gun. Opponents say the bill is one of many assaults on the public's Second Amendment rights.

http://www.foxnews.com/politics/2011/10/10/california-gov-enacts-ban-on-open-handgun-carrying/

Dream Shoot


By


For anyone who ever wanted to shoot a really cool gun, a fairly simple solution (depending on where you live) could be a trip to Las Vegas, where you'll find an array of shooting ranges and antique stores carrying firearms. 

One of those Vegas ranges is located at The Gun Store -- a favorite destination for visitors of all kind-- that offers a 15-lane indoor shooting range with your choice of AK 47s, squad automatics, pistols and more.

Plenty of men and women have gone to try out the guns, including regular groups of bachelor parties and celebrities like Ozzy Ozbourne.   But The Gun Store also gets lots of international tourists too.
Part of the draw for foreigners is that in parts of the world like Germany and New Zealand, the right to own or even have a gun is way more restrictive. 

"It was the first time having a gun in my hand, " said Arif Ayeogen, who was visiting from Germany and fired off a pistol at the range. "I was a little bit nervous, but it was a great feeling."

"It was empowering," said Mark Coker, a New Zealand native who let shots fly with a squad automatic weapon. "You can't do that at home unless you got special licenses, which aren't easy to get."

According to Emily Miller, the director of marketing and advertising for The Gun Store of Las Vegas, the range attracts thousands of international visitors a month.

"It's a different kind of facility," said Miller. "We are opening our doors to people who haven't shot before, and with language barriers. We'll welcome you from any country no matter what language you speak. We'll work with you."

And there's no need to worry about your level of shooting experience. The store provides an instructor to help you along the way. But for those who think their "Call of Duty" video game skills will translate into an epic performance at the range, think again my friends.

But for visitors not interested in shooting firearms and just want to look at some cool old-school guns, hop on Interstate-515 and head on over McManus Auctions in Henderson, Nevada. The antique store holds auctions every weekend that include some of the finest antique firearms around. 

You'll find guns like a remake of a U.S. Army Colt pistol, which according to store owner Patrick McManus, was the type used by Wild West legend Wyatt Earp and General George Custer at the Battle of Little Big Horn.
"A gun like this can go for $1,000, even though it's a remake," said McManus.

There's also a remake of a 38-caliber Colt Lightning rifle from the 1800s, a pretty hefty-sized firearm that was once adopted for use by the San Francisco Police Department.

"Can you imagine them now using this at the police department?" said McManus, holding the massive rifle with both hands. "This here is a favorite of cowboys and outlaws."

So whether you're coming from around the block, Europe, or as far as Down Under, a trip to Vegas will no doubt satisfy your need to let the gun shells fly. It's something The Gun Store in Las Vegas is proud to offer.


http://www.foxnews.com/travel/2011/10/09/tourists-can-shoot-em-up-in-vegas/

Tuesday, October 4, 2011

What to do in case of a home invasion?

by FerFAL

With home invasions becoming more common in spite of the record decrease in crime across USA, there are a few things people should keep in mind.

Defending yourself against criminals without weapons is like trying to make a cake without eggs or flour. If you follow any of the advise in this blog one of the things you probably have is a gun, hopefully its not too big to maneuver inside close quarters. If you don’t have a gun, a large pointy chef knife will have to do. Get one of these if you cant legally own guns in your current location. Besides the gun (or knife) there are certain items that are very desirable to have at hand. A tactical flashlight, hopefully something powerful like the previously reviewed MTE lights that have 1000 lumens and a cell phone in the bedroom. You may want to add body armor to that list. Yes, its expensive but then again a) Its probably worth around half of the gun in your hand b) It increases your survival rate to 80% (give or take) when facing attackers armed with handguns.

Home invasions and attacks to your household can vary significantly. The following list is an estimation for most typical incidents. Adjusting and adapting as needed is important but this will give you a general guideline to think of.

1)React. If  something woke you up at night, if something got your attention, react to it. 99% of the time its nothing, just another house noise, the cat, the wind, etc, but you have to act on all of them because its that 1% that you react for. It gets to a point where you jump out of bed/your seat immediately. One thing that must be avoided at all costs is freezing, the inaction, staying still after hearing a sound to see if you hear it again. You must react, not wait.

2)Go for the gun and flashlight. Grab your weapon and light (don’t turn it on) immediately. Sometimes you have a few more seconds, sometimes you don’t. React as you would in a worst case scenario. If the gun is in a safe near the bed, remember to open it before going to bed. The firearm should be ready for use, within immediate reach but still out of the reach of children. Children should be trained not to touch your firearms but don’t ever count on that alone.

3) Regroup the family. This will depend on how many family members there is, their age and the house floor plan. The objective here is to get the family together in a defendable position, usually this would be the master bedroom. If you can clearly hear intruders breaking in then wake the wife and have her go get the kids while you stand protecting the corridor where the attackers are coming from. Once you have all the family members accounted for in a room, only then can you consider the potential intruders. This seems obvious but is very important. Too often people confuse their own family members with intrudes with disastrous consequences.

4)Once you have everyone in your room, if you feel you have a couple more seconds you can put on your body armor vest. If you still hear noises, now is when the wife or yourself should be calling the police.

5)Here is where people will have different opinions and the possible correct actions are as many as individual scenarios. When everyone is accounted for and the police has been called you can either hold your position in the room or go check out the noise. The textbook says don’t go clearing a house on your own. Solo house clearing is suicide if you go by the manual, but then do you want to wait until your attackers completely break in and risk a gunfight in your bedroom with your wife and kids? In some cases, say you hear attackers kicking the door down, making yourself noticed and warning them that you are armed may send them away as I explained in an incident that occurred to my dentist. In that case, that was enough. What if its not? Then you have the legal and moral ground to defend your life and your family. In other cases where someone sneaked in you might want to surprise the home invader using your flashlight, this will also work towards positive identification. Even with all family members accounted for staying in a room until told its safe to come out, you simply never shoot before identifying. It might be a drunk buddy, stoned neighbor, friend of your kid’s friend that crashed in the family room couch, NEVER shoot before identifying. Check for weapons as well. A gun or knife means you shoot, you don’t risk it.  At indoor ranges your life is clearly at risk and you’ll be lucky to survive if he attacks with either one, a knife being just as dangerous or more so than a gun at such distances.

The situations will all be different, in some you’ll want to move stealthily, in others made yourself noticed, in some stay put with your family and in others take the fight elsewhere if it comes to that. This is just a bare bone guideline. Be armed, have the minimum tools, account for all family members and don’t ever shoot without identifying first.

As America keeps getting safer according to statistics, violent robberies and home invasions where they didn’t occur before are becoming more and more common. Such a strange occurrence, still it’s better to be ready for it.

Take care,
FerFAL


http://www.themodernsurvivalist.com/?p=1628

Saturday, October 1, 2011

Where is the public outrage?

by Michael A. Walsh

This just might be the smoking gun we’ve been waiting for to break the festering “Fast and Furious” gun-running scandal wide open: the Department of Alcohol, Tobacco, Firearms and Explosives apparently ordered one of its own agents to purchase firearms with taxpayer money, and sell them directly to a Mexican drug cartel.

Let that sink in: After months of pretending that “Fast and Furious” was a botched surveillance operation of illegal gun-running spearheaded by the ATF and the US attorney’s office in Phoenix, it turns out that the government itself was selling guns to the bad guys.

Agent John Dodson was ordered to buy four Draco pistols for cash and even got a letter from his supervisor, David Voth, authorizing a federally licensed gun dealer to sell him the guns without bothering about the necessary paperwork.
“Please accept this letter in lieu of completing an ATF Form 4473 for the purchase of four (4) CAI, Model Draco, 7.62x39 mm pistols, by Special Agent John Dodson,” read the June 1, 2010, letter. “These aforementioned pistols will be used by Special Agent Dodson in furtherance of performance of his official duties.”
On orders, Dodson then sold the guns to known criminals, who first stashed them away and then -- deliberately unhindered by the ATF or any other agency -- whisked them off to Mexico.
People were killed with Fast and Furious weapons, including at least two American agents and hundreds of Mexicans. And the taxpayers picked up the bill.
So where’s the outrage?

Unlawful Arests in Austin TX cause legal headaches for lawful gun owners


"This remains a problem for CHL holders or applicants.  

Another wrinkle on this problem is that Austin police are still arresting people for carrying a handgun in personal owned vehicle without a license.  Even though the law was changed Sep 1, 2007 to allow.  The charge is Unlawful Carrying weapons (UCW).  The charges are dismissed once the DA sees the charges.  Yet it will require court action to get the handgun released which usually requires a lawyer.  There is no corrective action to the arresting policeman (ignorance of the law is the problem unless it is a policy of police department).

Now here is another problem.  The  person has been arrested and booked.  The arrest record remains in the system even though no crime has been committed.  The system does not get updated and the arrest record remains unless the person hires a lawyer and gets the records expunged. - Mike C."

Dismissals, case outcomes often don't make it into state criminal history database

The State Auditor's Office has released a report on criminal justice information systems at the Texas Department of Public Safety and the Department of Criminal Justice, raising questions about the accuracy of criminal history data at both agencies. The Fort Worth Star-Telegram has a brief story on the subject, but let's dig into the audit (pdf) in more detail.

The biggest issue at DPS is a failure to record more than 1/4 of "dispositions," i.e., outcomes, related to arrests logged into their system, primarily because "DPS does not have authorization ... to penalize" prosecutors and courts who don't submit such data. "As of January 2011, prosecutor offices and courts had submitted disposition records to the Computerized Criminal History System for 73.68 percent of arrests made in 2009.

Such omissions can lead to critical errors, as demonstrated by the case of Walter Rothgery, whose false arrest for being a felon in possession of a firearm (he had never been convicted) happened because the outcome of a prior case had never been entered into the system. Lots of people are arrested for things they're never convicted of, and failure to enter disposition data into the system means many of them will be blamed in the future for charges that were dismissed.

Anti-Gun Attacks on National Right-to-Carry Bill Continue

by NRA

As we reported last week, H.R. 822, the "National Right-to-Carry Reciprocity Act of 2011" has recently come under attack from some expected and unexpected quarters.  The usual culprits-- i.e., the anti-gun media, like the New York Times and the Washington Post; anti-gun organizations, like the Brady Campaign; and New York City Mayor Bloomberg's Mayors Against Illegal Guns--are a given.  Regrettably, though, even some so-called "pro-gun" organizations are attacking this critically important bill.

Introduced earlier this year by Congressmen Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.) and cosponsored by more than 240 of their colleagues, H.R. 822 would enable millions of permit holders to exercise their right to self-defense while traveling outside their home states.

There is currently only one remaining state (Illinois) that has no clear legal way for individuals to carry concealed firearms for self-defense.  Forty states have permit systems that make it possible for any law-abiding person to obtain a permit, while most of the others have discretionary permit systems. (Vermont has never required a permit.)  

H.R. 822 would mark a major step forward for gun owners' rights by significantly expanding where those permits are recognized.  Dozens of states have passed Right-to-Carry laws over the past 25 years because the right to self-defense does not end when one leaves home.  However, interstate recognition of those permits is not uniform and creates great confusion and potential problems for travelers.  While many states have broad reciprocity, others have very restrictive reciprocity laws. Still others deny recognition completely.
H.R. 822 would solve this problem by requiring that lawfully issued carry permits be recognized, while protecting the ability of the various states to determine the areas where carrying is prohibited within their boundaries.  

Opponents of the legislation claim that it tramples on each "states' rights."  But states don't have rights, only powers.  And while many anti-gun lawmakers who've long pushed national gun bans, national bans on private gun sales, national waiting periods and other federal restrictions have suddenly become born-again advocates of "states' rights" to oppose this bill, several provisions of the Constitution give Congress the authority to enact interstate carry.  Congress also has the power to protect the rights of citizens, nationwide, under the 14th Amendment (please see related article from a recent Grassroots Alert).

It is important to note that, despite what a handful of self-proclaimed "pro-gun" activists say, the bill would not create a federal registration or licensing system, nor would it establish a minimum federal standard for the carry permit. Rather, it would require the states to recognize each others' carry permits, just as they recognize driver's licenses and carry permits held by armored car guards.  Unfortunately, these self-proclaimed "gun rights" supporters, who have no active lobbying presence in Congress or any legislature, have an agenda that has very little to do with promoting the interests of gun owners. 

Here are the FACTS about a few of their claims:

Myth: H.R. 822 would involve the federal bureaucracy in setting standards for carry permits, resulting in "need" requirements, higher fees, waiting periods, national gun owner registration, or worse.

FACT: H.R. 822 doesn't require -- or even authorize -- any such action by any federal agency.  In fact, since it would amend the Gun Control Act, it would fall under a limitation within that law that authorizes "only such rules and regulations as are necessary to carry out" the GCA's provisions.  No federal rules or regulations would be needed to implement H.R. 822, which simply overrides certain state laws.

Myth: H.R. 822 would destroy permitless carry systems such as those in Arizona, Alaska, Vermont and Wyoming.

FACT: H.R. 822 would have absolutely no effect on how the permitless carry states' laws work within those states.  For residents of Arizona, Alaska and Wyoming, where permits are not required but remain available under state law, H.R. 822 would make those permits valid in all states that issue permits to their own residents.  Residents of Vermont, where no permits are issued or required, could obtain nonresident permits from other states to enjoy the benefits of H.R. 822.

Myth: If H.R. 822 moved through the legislative process, it would be subject to anti-gun amendments.

TRUTH: By this logic, neither NRA, nor any other pro-gun group, should ever promote any pro-gun reform legislation.  But inaction isn't an option for those of us who want to make positive changes for gun owners.  Instead, we know that by careful vote counting and strategic use of legislative procedure, anti-gun amendments can be avoided or defeated.

H.R. 822 is a good bill for gun owners.  Don't listen to false and misleading accusations.  Read the bill yourself and read our fact sheet to get the facts.  Then, please contact your member of Congress and urge him or her to support the earliest possible consideration of H.R. 822 this year.

You can find contact information for your U.S. Representative by using the "Write Your Representatives" tool at www.NRAILA.org.  You may also contact your Representative by phone at (202) 225-3121.

http://www.nraila.org/Legislation/Read.aspx?ID=7117

NRA Plans Appeal in Federal Age Limit Case

By NRA
 
Yesterday, a federal judge in the Northern District of Texas ruled that the federal ban on dealer sales of handguns to adults from the ages of 18 to 20 does not violate the Second Amendment. The National Rifle Association plans to file a prompt appeal of the court's ruling to the Fifth Circuit U.S. Court of Appeals.

"We strongly disagree with this ruling," said Chris W. Cox, Executive Director of the NRA Institute for Legislative Action.  "As we said when we filed this case, adults 18 and up have fought and died for American freedom throughout our country's history. They are adults for virtually every legal purpose under federal and state law, and that should include the ability to buy handguns from licensed dealers to defend themselves, their homes and their families. Our fellow plaintiffs in this case are law-abiding and responsible young adults.  We plan to defend their rights to the very end."

The case is Jennings v. Bureau of Alcohol, Tobacco, Firearms and Explosives. A related case challenging Texas' ban on issuance of concealed handgun licenses to adults in the same age group is still pending before the same court.

http://www.nraila.org/Legislation/Read.aspx?ID=7118