No "Brandishing" at Big Brother Appearances: After the demonstration in New Hampshire and one in Arizona where citizens legally carried guns openly, there has been a lot of press coverage and commenting complaining about these people "brandishing" their weapons. That is illegal and isn't being done. Brandishing is defined as "to shake or wave (as a weapon) menacingly", (originally a sword, or brand in the Old English). The law in all the states I checked specifically forbid menacing with a weapon, whether you have a concealed carry permit or not. The charge is generally called brandishing a weapon or they could be charged with felony menacing. None of the demonstrators was arrested for any misconduct. They were not brandishing anything... http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2009m8d24-There-was-no-brandishing-going-on-in-New-Hampshire-or-Arizona --- Here's One to Share: Every martial art that involves direct unarmed hand-to-hand fighting has weight classes. This is done because a bantamweight boxer will get his clock cleaned by a heavyweight ninety-nine out of a hundred times. Sending a 115-pound fighter up against a 220-pound fighter is simply not an even contest, because the heavyweight can deal (and absorb) much more powerful punches... Now, would you consider it fair if we took the bantamweight out of the ring, and replaced him with a 60-year-old grandmother with diabetes? How about a 110-pound college student who's never punched anything or anyone in her life? Or maybe a 50-year-old, near-sighted convenience store clerk? A 28-year-old bank teller who's eight months pregnant? Would those opponents be a more even match for our heavyweight? Would you consider any of those pairings a fair fight? Well, if you think that law-abiding citizens shouldn't be allowed to carry guns for self-defense, you're essentially in favor of pushing all those folks into that ring with the heavyweight, because that's the power balance on the street. There are no weight classes, no referees, and no fair fights... (This is a great link to share with those people in your life who "just don't get it.") http://munchkinwrangler.wordpress.com/2009/08/25/a-vote-for-gun-control-is-a-vote-for-thunderdome/ --- Border Residents, Beware: ... In a report written entitled: The State Of Amexica, I assembled these twenty-four counties into a fictional 51st State to compare it against the other fifty. The results were startling. This 51st State, which I call Amexica, is number one in crime, violent crime, crimes involving children, crimes involving drugs, Federal crimes and immigration crimes. It is dead last in the support from Federal agencies in law enforcement, healthcare, education, transportation and essential services. This is a very dangerous area and citizens have the right to protect themselves. They also have the Constitutional right to bear arms and to refuse access to their homes by Federal Agents on what some have called a "witch-hunt." ... http://www.examiner.com/x-17495-San-Diego-Immigration-Policy-Examiner~y2009m8d24-Gun-Rights-In-Amexica--ATF-investigating-ordinary-citizens-along-the-border --- Nordyke to be Reheard Next Month: A federal appeals court on September 24 will hear a high-profile gun rights case that's a leading candidate to end up before the U.S. Supreme Court. The U.S. Ninth Circuit Court of Appeals is likely to decide whether the Second Amendment's guarantee of a right to "keep and bear arms" restricts only the federal government - the current state of affairs - or whether it can be used to strike down intrusive state and local laws too. A three-judge panel ruled that the Second Amendment does apply to the states. But now a larger Ninth Circuit panel will rehear the case, a procedure reserved only for issues of exceptional importance, which means the earlier decision could be upheld or overruled... http://www.cbsnews.com/blogs/2009/08/25/taking_liberties/entry5263569.shtml --- CCW Fight Continues in California: ... Recently, the sheriffs of Sacramento and Yolo Counties were sued in Federal court. The lawsuit, brought on behalf of Pink Pistols advocate Deanna Sykes and others, alleges that the current policy violates the US Constitution in a number of ways, and should be declared unlawful. For example, two people working in Sacramento might be unequally treated, based on arbitrary reasons, even if they have the same backgrounds and qualifications. One person, living in Folsom, cannot ever obtain a concealed weapon permit for personal protection, but his neighbor living a short distance away in El Dorado Hills can have one for the asking, as the El Dorado County Sheriff is not so restrictive. However, if the El Dorado Hills resident moves to Folsom, Sheriff McGinness will immediately revoke his permit. Plaintiffs believe their case is so clear, based on recent cases from the Ninth Circuit and the US Supreme Court, they have asked for a Summary Judgment ruling. A hearing on that request will be held September 24, with a decision due a few months after. Additionally, the law itself may change. Pending legislation, AB 357, will require issuance of permits upon request by qualified, responsible persons. http://www.sacramentopress.com/headline/12382/SHERIFF_MAY_START_ISSUING_WEAPONS_PERMITS --- Montana Gun Suit to Be Filed on October 1: A prominent Missoula-based gun rights group has partnered with a national organization to test federal authority over a new class of firearms: guns manufactured and used solely in the state of Montana. The Montana Shooting Sports Association, headquartered in Missoula, and the Second Amendment Foundation, of Bellevue, Wash., announced Monday they intend to file suit on Oct. 1 to prevent federal gun control laws from being enforced in Montana for guns made and used within the state's boundaries... At issue is the Montana Firearms Freedom Act, which passed the 2009 Legislature and was signed into law by Gov. Brian Schweitzer. That law states that guns, ammunition and certain gun parts manufactured and used in Montana are not subject to federal gun laws. The law goes into effect Oct. 1. Several other states are considering identical legislation, although so far only Tennessee has passed a similar measure. http://www.missoulian.com/news/local/article_92cbbe06-9107-11de-8233-001cc4c03286.html The Montana Shooting Sports Association (MSSA) and the Second Amendment Foundation (SAF) have formed a strategic alliance to litigate the principles of the Montana Firearms Freedom Act (MFFA), passed by the 2009 Montana Legislature and signed into law by Montana Governor Brian Schweitzer. The MFFA declares that any firearms made and retained in Montana are not subject to any federal authority, resisting Congress's dramatically expanded use of the interstate commerce clause to justify Washington's regulation of virtually all of the private economy. The MFFA also applies to firearm accessories and ammunition. MSSA is most well-known for advancing pro-gun and pro-hunting bills in the Montana Legislature, and has been successful with 54 pro-gun and pro-hunting measures in the past 25 years. SAF is a pro-gun foundation in Bellevue, Washington, established to press the rights of gun owners primarily in judicial fora. SAF has been a party to numerous lawsuits to assert the rights of gun owners across the Nation... http://www.saf.org/viewpr-new.asp?id=302 Tangentially Related: ...When a state "nullifies" a federal law, it is proclaiming that the law in question is void and inoperative, or "non-effective," within the boundaries of that state; or, in other words, it's actually not a law as far as that state is concerned. We see this principle being raised in opposition to national ID cards, federal gun regulations and even proposed national health care plans. Starting in 2007, there was a state-level resistance to the federal government that rose up in a way that this country hasn't seen since the mid-19th century. Approximately two dozen states simply refused to comply with federal law. They refused to implement the Bush era Real ID act. And guess what? Today it's gone without even needing congress to repeal it. So what's the lesson? Through nullification, we can effectively resist DC and whatever they try to shove down our throats. This year, 26 states have seen a firearms freedom act introduced, and already two states have already made them law - that's Montana and Tennessee... http://www.tenthamendmentcenter.com/2009/08/23/why-the-tenth-amendment/ --- The Beat Goes On: Summit County may soon have a new batch of licensed concealed weapon holders, after Sunday's well-attended firearms class at the Keystone Fire Station. Carrying a concealed weapon requires completion of the class, as well as two hours of training on a shooting range, said instructor Phil McFall, explaining that students also take a 50-question exam at the end of the session... Statewide, the number of concealed weapon permits has climbed in the past few years, according to a 2008 story in the Denver Post. Some sheriffs attributed the rise to a series of highly publicized shootings, while others said the increase was simply due to a round of renewals of expiring five-year permits... Frisco police Sgt. Jim Donahue also offered a brief presentation at the class, emphasizing that he was there on his own time as a private citizen, not as a representative of the town's police department. "Having an armed populace, in my opinion, if they are licensed and properly trained, is a good thing," Donahue said. "The key to this whole thing is training. It's a force multiplier for us," he added, explaining that there are certain situations when police can use the help of armed citizens. http://www.skyhidailynews.com/article/20090824/NEWS/908249996/1079&ParentProfile=1067 Or Does It?: Wedbush Morgan downgrades Smith & Wesson (Nasdaq: SWHC) from Outperform to Neutral. Price target lowered $1 to $6. Wedbush analyst says, "Expect U.S. firearms industry to see decelerating trends, and soon even y/y declines, following recent surge in demand. From October 2008 to this summer, the U.S. firearms industry has seen a surge in overall demand, primarily a result of consumer fears of tighter gun control laws since the election of a Democratic administration. However, we believe the industry may soon see a similar trend to 1993-94, the last time a Democratic administration replaced a Republican one; this period also saw an industry surge from pull-forward demand that lasted for 1-1½ years, but subsequently saw a 3- to 4-year decline thereafter." ... http://www.streetinsider.com/Downgrades/Wedbush+Morgan+Downgrades+Smith+&+Wesson+%28SWHC%29+to+Neutral:+Sees+Slowdown+In+Demand/4895942.html --- In Smith & Wesson's Backyard...: ...The shooting death of Jerry A. Hughes, the city's 13th homicide of 2009, sent shock waves throughout Mason Square, the area comprised of the meeting of State Street, Wilbraham Road, Eastern Avenue and Catherine Street. City leaders responded. Police Commissioner William J. Fitchet and Mayor Domenic J. Sarno, in a press conference Monday afternoon at police headquarters, said there will be additional patrols by officers on foot and in cruisers all hours of the day... Swan said more may be needed, and suggested police be allowed to operate under what he called "a short period of martial law." The move, over a period of 30 to 60 days, would give police the power to sweep all the illegal guns in the city. "No one I know has gotten shot with a legal gun," he said... (What is a "legal gun"? One that conforms to state and federal requirements and is possessed in conformity with applicable federal, state and local laws? If so, either Springfield officers have not shot anyone or their firearms don't conform with some law or are not possessed legally. It's not clear who Swan is; there is a state representative by that name.) http://www.masslive.com/news/index.ssf/2009/08/increased_police_presence_pled.html?category=Crime&category=Springfield&category=Talk --- "Guns to Roses" Triggers Scares: The union that represents security staff at the District's juvenile detention center said it wasn't briefed about a therapeutic art program that brought gun parts into the facility, leading to separate scares in the past two months and further straining tense relations between security workers and jail administrators... Guns to Roses, the art program, was designed to help teens realize the social impact of violent behavior by teaching them blacksmithing and welding, and then applying those skills to illegal weapons seized by D.C. police. The guns are taken apart before the youths work with them, and then they are melted and molded into art. Speakers who have been victims of gun violence also come and talk to the youths. The goal is to "transform objects of hate into works of functional beauty and a symbol of change," according to program materials. Three program participants recently went to police headquarters to present D.C. Police Chief Cathy L. Lanier with a dog sculpture made from old guns... http://www.washingtonpost.com/wp-dyn/content/article/2009/08/25/AR2009082501677.html --- Illinois Loses RKBA Advocate: Carl Kuhn, a staunch gun-rights advocate and past officer with the Illinois State Rifle Association, briefly served with the Glen Ellyn Police Department before embarking on a 52-year career as a criminal defense attorney. Mr. Kuhn often drew upon those experiences during 2nd Amendment debates, colleagues said. "Carl understood the issues," said Richard Pearson, executive director of the rifle association. "His background in law enforcement and criminal law allowed him to speak more intelligently than most people I know on the subject of guns." Mr. Kuhn, 82, a World War II veteran who retired from his law practice a few years ago, died of natural causes Friday, Aug. 21, in his Bartlett home, family said. "He had strong opinions when it came to our right to bear arms," said his son Evan. "He was a firm believer it was our constitutional right." ... http://www.chicagotribune.com/news/local/chi-obit-kuhn-25aug25,0,2442107.story --- North Carolina Shooting Prompts Debate: Prosecutors said it may be several more weeks before they decide whether to charge a northeast Charlotte homeowner who allegedly shot and killed a teenager who had just robbed his home. Police said 76-year-old C.L. McClure shot and killed 15-year-old Marcus Fluker on Saturday afternoon after Fluker and several other teenagers broke into McClure's home on Grier Road, tied him up and robbed him and his wife at gunpoint. Police said McClure freed himself, got in his car and then drove out in search of the suspects. He found them at a nearby apartment complex and fired several times, police said, hitting Fluker. The teen was pronounced dead at Carolinas Medical Center. Police referred all questions to the Mecklenburg County District Attorney's Office, but prosecutors said Monday they haven't gotten the case yet... http://www.wsoctv.com/news/20536684/detail.html --- Taking a Tire Iron to a Gunfight: Jonesboro [AR] police say a man was killed after being beaten by a homeowner during an apparent home invasion. Police say a man armed with a shotgun broke into the home about 11 p.m. Friday. Witnesses told police the homeowner scuffled with the intruder before striking him in the head with a tire iron. The suspected intruder was taken to a local hospital, where he died. No names were released, and a police supervisor did not immediately return a telephone message left Saturday by The Associated Press. http://www.todaysthv.com/news/news.aspx?storyid=89759 --- Oops, Wrong Pig: Esmerelda the hog was saved from an attacking cougar Aug. 15 by a 20-year-old man shooting a broken .22-caliber rifle from 100 yards... A college student from Colorado, Winkler spent the past three months as an apprentice in sustainable farming. His pants were soaked from the morning dew and irrigation, so he left them outside. Winkler saw through a sliding-glass door the 200-pound cat attacking Esmerelda in an alfalfa field, about 100 yards away. The cougar had dragged the 1-year-old pig out of its pen and chased it more than a football field's length, Winkler said. He grabbed a rifle they typically use to scare birds from the cherry orchard. The stock was broken, so he steadied the gun on a plastic box. He cracked the door open and took aim. "I was nervous. My hands were shaking," said Winkler, who says he's not a skilled shooter. "I thought if I hit the pig, it would be put out of its misery. I aimed for the cat's head so if I hit it, it wouldn't suffer either." ...Winkler found the cougar later that evening, shot through the head... (That's either a very lucky pig or Winkler is a better shooter than he admits.) http://seattletimes.nwsource.com/html/outdoors/2009722341_cougar24m.html --- Rule Four Reminder: An early-morning argument over a barking dog ended when a man shot his neighbor in the stomach, accidentally hitting his own wife as well, police said. The gunman, described by police as in his 40s, was in the Keller [TX] Jail on Sunday on suspicion of attempted murder, two counts of aggravated assault with a deadly weapon and one count of deadly conduct. Police did not release his name pending his arraignment... A 38-year-old man told police told that he climbed a fence into the gunman's yard and confronted him about the dog. Within minutes, the neighbor had pulled out a revolver and shot the 38-year-old in the abdomen, police said. The bullet went through the man and lodged in the leg of the gunman's wife, police said. The wife was attempting to stop the argument when she was shot, police said... (Rule Four: Always be sure of your target and what's beyond it. While a shot in the abdomen could simply have passed through a love handle, it may also have gone all the way through the thickest part of the body. In the latter case, I would suspect that the dog owner was not using good hollowpoints.) http://www.star-telegram.com/804/story/1553373.html --- Marines Still Favor M16: Two years ago when I was in Iraq, I noticed there were essentially two different primary infantry weapons (the M16 automatic rifle and the also-automatic M4 carbine) carried by America's two primary ground forces - the U.S. Marine Corps and the U.S. Army. Marines for the most part were carrying the M16. The Army on the other hand was primarily carrying the M4: a shorter, lighter version of the M16 with a collapsible-stock. Not that there weren't leathernecks carrying M4s; there were. And soldiers also were wielding 16s. But slightly different approaches to infantry tactics had led one force to favor one version of the weapon over the other. And experts today at Headquarters Marine Corps and the Army's Picatinny Arsenal suggest that trend is increasingly reflecting the differing operational philosophies between the two services... (Interestingly, no mention is made of the added demands on the Stoner operating system when the barrel is shortened.) http://www.humanevents.com/article.php?id=33255 -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .