A List Member Replies: Yep, Minnesota doesn't ban guns in bars. Minnesota bans carry under a permit when your blood alcohol content exceeds .04 (half the limit for driving). I've always felt this made infinitely more sense - being drunk in charge of a gun on the street is dangerous, being sober in charge of a gun in a bar is not. And being able to have a "designated carrier" in the group has its uses too. (As I recall, 0.04 is the threshold for presumption of intoxication for commercial drivers. Most other states that ban carry under the influence, such as Nevada and Utah, use the more common 0.08 threshold.) --- From JPFO: More than 10,000 words were spoken during this week's historic oral argument over gun rights at the US Supreme Court. But one potentially significant word was never uttered during the hour-long session: tyranny. Long a focus of debates between gun control advocates and gun rights supporters, the issue was not discussed by lawyers attacking Chicago's ban on handguns or the lawyer for the city defending local gun regulations. No member of the court mentioned it either. (Monitor analysis of the Chicago case here.) But the idea is there, just below the surface of what analysts expect to become the high court's second gun rights landmark decision in as many years... Although it was not discussed during oral argument in the Chicago case, Justice Antonin Scalia addressed the issue briefly in his majority decision in the high court's 2008 ruling striking down Washington, D.C.'s handgun ban. "If ... the Second Amendment right is no more than the right to keep and use weapons as a member of an organized militia [and] the organized militia is the sole institutional beneficiary of the Second Amendment's guarantee - it does not assure the existence of a 'citizens' militia' as a safeguard against tyranny," Justice Scalia wrote. Scalia drew a distinction between government-sanctioned militiamen and a broader "people's militia," which he said was the concern of the founding generation. These sentences have attracted significant interest and speculation from both sides of the gun rights debate... http://www.jpfo.org/articles-assd/gunrights-and-tyranny.htm --- Gun-Free Schools?: The U.S. Department of Education (ED) intends to purchase twenty-seven (27) REMINGTON BRAND MODEL 870 POLICE 12/14P MOD GRWC XS4 KXCS SF. RAMAC #24587 GAUGE: 12 BARREL: 14" - PARKERIZED CHOKE: MODIFIED SIGHTS: GHOST RING REAR WILSON COMBAT; FRONT - XS CONTOUR BEAD SIGHT STOCK: KNOXX REDUCE RECOIL ADJUSTABLE STOCK FORE-END: SPEEDFEED SPORT-SOLID - 14" LOP are designated as the only shotguns authorized for ED based on compatibility with ED existing shotgun inventory, certified armor and combat training and protocol, maintenance, and parts. The required date of delivery is March 22, 2010... https://www.fbo.gov/index?s=opportunity&mode=form&id=cb68cf9f3fa2fe18a83d1c3dee0039b2&tab=core&_cview=0 --- Thoughts on Church Carry: This past Sunday, Cindy Winters recounted the horror of one year ago, when a deranged man entered a Maryville, IL (just across the river from St. Louis) church, and fatally shot her husband, Pastor Fred Winters... Could an armed congregant or church official have stopped the killer sooner? We will never know, because Illinois remains one of two states (Wisconsin is the other) with no provision for legal carry of a concealed defensive firearm. Even in many states that do not generally prohibit handgun carry, it is illegal in churches, even with a permit. Missouri law does not prohibit church carry, if the church has given permission (I am, by the way, for purposes of this article, using the word "church" in the generic sense, to refer to a house of worship of any faith)... Missouri law on this issue could be further relaxed. If I am reading HB 1232 correctly, passage of the bill would mean that even people without concealed carry permits could openly carry a firearm in a church. Given my aversion to the licensing of fundamental rights, such as the right to an effective means of self-defense, I see this bill as a step in the right direction... http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2010m3d9-One-year-after-murder-of-IL-pastor-more-can-be-done-to-defend-churches-against-killers --- Meanwhile, in Georgia...: SB 308 passed the Special Judiciary Committee on Monday with only one dissenting vote. The other two Democrats on the committee and all of the Republicans voted in favor of the bill. SB 308 has some major changes. In the new version that passed the committee, churches are off limits unless one has the permission of "the presiding official," and bars are off limits unless the owner specifically permits firearms. In addition, the bill would give the Board of Regents power to set policies banning firearms at colleges and universities. The new version of the bill with the changes made by the committee is not yet online. Once it is online, this article will be updated, and a link will be posted here. SB 308 is only the second gun-related bill of the two year session to pass a committee. It now goes to the Senate floor for a vote, which is expected to take place before crossover day. http://www.examiner.com/x-5619-Atlanta-Gun-Rights-Examiner~y2010m3d9-SB-308-passes-Senate-Special-Judiciary-Committee http://www.macon.com/2010/03/08/1051947/committee-approves-bill-expanding.html --- Parking-Lot-Storage Poll: The Birmingham Business Journal is offering a chance to vote on whether employers should have the right to ban employees from storing firearms in vehicles on company parking lots. A parking-lot storage bill is currently before the Alabama legislature. http://birmingham.bizjournals.com/birmingham/ Related (Negative) Commentary: http://www.montgomeryadvertiser.com/article/20100309/OPINION02/3090303/1006/OPINION --- Expanding the Castle Doctrine in Colorado: The law has recognized that a man's home is his castle and he has a right to defend it. Now, businssmen and employees in Colorado may get the same legal protection away from home. Colorado's legislature is considering House Bill 10-1094. The intent of this bill is to expand the protection a homeowner has to use lethal force in defense of his home and family, called "the castle doctrine", to businesses and dwellings other than home such as hotel rooms... The "certain conditions" are the belief by the employee or traveler that the other person is intent on committing a crime against the person or property involving force. The legislation even stipulates that lethal force can be justified if the " occupant or the owner, manager, or employee reasonably believes that the other person might use any physical force, no matter how slight, (emphasis mine) against any occupant of the dwelling or place of business." This removes the defense that "I was only going to push him.", which is good because who could weigh the true intent of an assailant as they are coming toward you with outstretched arms? ... http://www.examiner.com/x-2944-Denver-Gun-Rights-Examiner~y2010m3d9-Expanding-the-Castle-Doctrine-in-Colorado --- Illinois RKBA Bills Advance, for Now: For the second time in a week, a House panel dominated by downstate lawmakers signaled its approval of a law allowing Illinoisans to carry concealed weapons. The House Agriculture Committee voted 11-2 to endorse the proposed law, which is sponsored by state Rep. Brandon Phelps, D-Harrisburg. Chicago-area lawmakers are likely to push back if the measure comes up for debate in the full House. The committee has approved similar measures at least five times in previous years, but the concept has not advanced in the full House. Action on the legislation came a day before gun rights advocates are scheduled to descend on the Capitol for their annual lobby day. Illinois and Wisconsin are the only states that bar nearly all residents from carrying concealed weapons. While the committee heard testimony on a similar concealed carry measure last week, the focus of the conversation was different Tuesday because of provisions in Phelps' proposal that are absent in the other measure, which is being pushed by John Bradley, D-Marion. One of the proposals upset retailers and manufactures. It states that if a business prohibits people from carrying guns on their establishment, they are liable for injuries in armed robberies to gun owners who were disarmed... http://www.pantagraph.com/news/state-and-regional/illinois/article_3223006c-2bcd-11df-a71d-001cc4c03286.html --- Why Did Wisconsin Restaurateur Bans Firearms: Like some of the saloons in the Old West, customers at the George Webb Restaurant near the intersection of Highways 164 and VV are being told not to bring guns with them. Dan Mueller, who grew up in the village and now lives in Hartford, is the local George Webb franchisee who also owns George Webb restaurants in Hartford and West Bend. He said it is his policy not to allow guns to be carried into the restaurants. He said he posted a sign on the door of the Sussex restaurant because of an incident last month involving an individual who carried a side arm into the China Wok on east Main Street. Mueller said he was also alerted to the possibility that some individuals might carry side arms into local restaurants unless there is a sign posted on the door forbidding it... The Wisconsin Attorney General's office issued a legal memorandum last summer confirming that state law permits residents of the state, with some exceptions, to carry unconcealed fire arms. After the memorandum was issued, deputies with the Waukesha County Sheriff's office, which provides contractual police services to both the village and Town of Lisbon, explained to municipal officials the policies that would determine how sheriff's deputies would react to individuals openly carrying guns. Individuals would be asked to remove the weapons or would be subject to arrest if carrying guns in establishments that had a posted a policy prohibiting guns, according to the policy. On Feb. 15, two state troopers asked Town of Lisbon resident Joseph Schneider to return a gun to the trunk of his car after he wore into the China Wok. There was no sign posted at the door of the establishment and it was unclear whether the business had a policy against guns in the restaurant. Gun rights advocates with Wisconsin Carry Inc. protested the troopers' actions, arguing they no right to question Schneider and ask him not to carry the gun in the restaurant. A spokesperson for the state police, said the troopers questioned Schneider because they were concerned he might be impersonating a police office because of law enforcement style equipment found in his car. (In the China Wok incident, the trooper can be heard on video pressuring the owner or an employee to state that the restaurant does not allow firearms. How could Schneider have been impersonating an officer inside the restaurant with "law enforcement style equipment" in his parked truck? And who was it who alerted Mueller "to the possibility that some individuals might carry side arms into local restaurants unless there is a sign posted on the door forbidding it"?) http://www.livinglakecountry.com/sussexsun/news/87121542.html --- More on Utah Open-Carry Incident: A Utah Valley University student says a confrontation with campus police may have intruded on his Second Amendment rights. Nick Moyes says he was confronted by campus police last week after someone reported seeing a man with a gun at the school. Moyes, who holds a concealed weapons permit, had his gun in a holster on his right hip. Moyes says it's his right to carry the weapon but police say Moyes can't possess the weapon on campus openly without permission. Moyes says an e-mail he received from UVU's police chief indicates that officers could confiscate his gun and cite him if he violates the policy in the future. Lt. Douglas Anderson of the Utah Bureau of Criminal Identification says openly carrying a gun on campus is not expressly allowed or disallowed. (UVU appears to be a state university, hence it cannot ban the otherwise lawful carry of firearms. The issue here seems to center on whether it can dictate that the firearm must be concealed. Under Utah law, a permit holder can openly carry a fully loaded firearm. Those who lack permits can carry openly but cannot have a round chambered in an autoloader or a round in the next chamber that will rotate into the firing position in a revolver.) http://www.localnews8.com/Global/story.asp?S=12111868 --- Oregon Man "Evaluated" after Firearm Purchases: Concerns about an Oregon Department of Transportation employee who purchased several guns after being placed on leave prompted law enforcement across Southern Oregon to step in. Negotiators and a SWAT team from Medford police safely took a man - whose name wasn't released - into protective custody Monday morning in the 500 block of Effie Street, Medford police said in a news release. He was taken to Rogue Valley Medical Center for a mental-health evaluation. The man recently had been placed on administrative leave from his job and was "very disgruntled," the news release said. ODOT Communications Director Patrick Cooney said there were administrative, personnel matters involved that limited what the department could discuss. However, the state agency had reported concerns about the man to law enforcement agencies, who started monitoring him, officials said... In two days, the man bought a Heckler & Koch .45-caliber universal self-loading handgun, a Walther .380-caliber handgun and an AK-47 assault rifle, Medford police Lt. Bob Hansen said. All of those firearms were purchased legally, with required record checks by the Oregon State Police... Police seized the recently purchased firearms, as well as another .45-caliber Heckler & Koch handgun and a 12-gauge shotgun. Police are holding the weapons for safekeeping, but no criminal charges have been filed. http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20100309/NEWS/3090315 --- Oops, Wrong House, Missouri Version: A man from Ozark County is in the hospital after he broke into someone's home. Sheriff's Deputies say during an argument in Isabella, homeowner Brandon Evans warned the intruder to leave several times. The man refused and got violent, so Evans shot him in the chest. Authorities say the burglar was flown to a Springfield hospital. http://www.ktts.com/tabid/4882/xmid/42150/Default.aspx http://www.examiner.com/x-18149-SelfDefense-Examiner~y2010m3d9-Homeowner-shoots-violent-home-invader-in-self-defense?cid=channel-rss-News --- Oops, Wrong House, New York Version: A man was shot and killed inside a home in West Babylon, Long Island Monday night. It happened around 7:30 in the evening. When officers arrived, they found a man shot to death in the kitchen of the home on 6th Street. He was taken to Good Samaritan Hospital where he was pronounced dead. Apparently a woman and her boyfriend were inside the home when the woman's ex-husband came inside the home. The couple said they assumed a burglar was breaking in and the boyfriend allegedly shot the man. "It's an ongoing investigation. The deceased did not live at the house. The matter is under investigation at this time as to the circumstances of the shooting," said Detective Lieutenant Gerard Pelkofsky, Suffolk Police Homicide Squad. The man was shot in the upper body according to investigators. http://abclocal.go.com/wabc/story?section=news/local&id=7319722 --- More on the Big Airsoft Bust: "Why is ATF seizing 'toy guns'?" I asked in my Feb. 28 Gun Rights Examiner column. We were discussing the bureau's seizure of a shipment of 30 Airsoft-type guns - the kind that shoot plastic pellets - and an agent's claim that "with minimal work it could be converted to a machine gun." ...The thing that's immediately noticeable is ATF has gone into full weasel-word mode. These people, amidst great media fanfare, have seized thousands of dollars worth of private property from a family-owned business under the guise of law enforcement. And now they're avoiding direct questions. Why? The anonymous spokesperson refused to answer the "point blank" question "Does the ATF believe these toys can be converted into deadly weapons...?" Why? What does deferring to the legal definition of a "machinegun" have to do with this unless ATF's position is that these are machine guns? What are we to make of ATF's assertion that "this is more of a public awareness issue and that the real danger is how realistic these toys look"? Since when is raising public awareness cause for seizing property? What does that have to do with the legal definition of a machine gun? ... (It's refreshing to see some objective reporting - the embedded video clip is worth watching. In fairness, this began as a Customs matter, allegedly because the seized guns lacked the mandatory orange tips.) http://www.examiner.com/x-1417-Gun-Rights-Examiner~y2010m3d9-Why-is-ATF-ducking-questions-about-toy-gun-seizure -- Stephen P. Wenger, KE7QBY Firearm safety - It's a matter for education, not legislation. The tactics and skills to use a firearm in self-defense don't come naturally with the right to keep and bear arms. http://www.spw-duf.info .