Allegheny County Sportsmen’s League Legislative Committee Report

December 2011 206

ALLEGHENY COUNTY SPORTSMEN LEAGUE ON THE INTERNET http://www.acslpa.org Contacts: Legislative Committee Chairman, Kim Stolfer (412.221.3346) - [email protected] Legislative Committee Vice-Chairman, Mike Christeson - [email protected] Founding Fathers: "Let the American youth never forget, that they possess a noble inheritance, bought by the toils, and sufferings, and blood of their ancestors; and capacity, if wisely improved, and faithfully guarded, of transmitting to their latest posterity all the substantial blessings of life, the peaceful enjoyment of liberty, property, religion, and independence." -- Joseph Story, Commentaries on the Constitution, 1833

This was the year of ‘Fast and Department’s Inspector General, and multiple probes by on-line journalists, CBS News, Fox News, the Los Furious’ Angeles Times, the Washington Times, Gun Week by Dave Workman, Senior Editor and other publications. What started out as a year-long celebration of the The stones were originally kicked over by 100th anniversary of the Model 1911 semi-automatic independent blogger Mike Vanderboegh, who writes a pistol designed by John Moses Browning—what column called Sipsey Street Irregulars, and David many gun aficionados consider the finest combat Codrea, national gun rights examiner for sidearm the world has ever seen—turned out to be Examiner.com. Gun Week began its own probe that something entirely different. resulted in a series of reports starting in January and For many, 2011 will be remembered as the year continuing to this, the final edition of Gun Week, Wisconsin got concealed carry. which will be transformed next month into the new For others, this was the year that saw Chicago pay GunMag.com. a small fortune in legal fees to the Second Operation Fast and Furious has become the Obama Amendment Foundation and its attorneys. Still others administration’s Watergate, along with the Solyndra will recall this year sadly as the one in which Gun scandal. The president who was elected promising Week published this, its final issue, and California “hope and change” appears to be struggling into an lawmakers, acting out of paranoia and political election year as gunowners “hope” they will “change” correctness, banned the open carrying of unloaded the White House occupant come November 2012. firearms in public. The year began with a “Stronger outlook for gun But for anyone in the gun rights movement who rights” as our Jan. 1 issue headlined. Fresh from the has paid attention to television, newspaper and SAF victory in McDonald v. City of Chicago, gun Internet reports, this was the year of Operation Fast rights activists were buoyed by the promise of a and Furious. It was, and remains as new facts surface, Republican majority in the House of Representatives a political scandal of monumental proportions; a gun and a farewell to four years under anti-gun Speaker trafficking sting operation started under the Obama Nancy Pelosi (D-CA). administration that ended with the murder of a Border There was hope in the case of New Jersey gun law Patrol agent in Arizona, and ignited what now appears victim Brian Aitken, who ran afoul of the Garden to be a massive cover-up by the Justice Department State’s gun laws and found himself imprisoned for under Attorney General Eric Holder. something that was not a crime in other states. Freed Not a month has gone by when there hasn’t been by Gov. Chris Christie in late December, activists something written about Fast and Furious; some new rallied to support Aitken and his quest for justice. detail that led to Congressional hearings, two Capitol Hill investigations, a third investigation by the Justice Page 2

While the year started off with hope, it faded Brady Bullying Bust quickly under a cloud of controversy with the Jan. 8 Gun Week was first to report that Starbucks Coffee attempted murder of Arizona Congresswoman had shown a fourth quarter profit for 2010 and Gabrielle “Gabby” Giffords at a Tucson shopping directly linked that to an effort started early in that mall event. She was critically wounded and six others year by the Brady Campaign and state-level anti-gun were killed, including Federal Judge John Roll and 9- groups to boycott the company. Why? Because year-old Christina Taylor Green. Starbucks catered to armed citizens, including those Authorities arrested alleged gunman Jared Lee who openly carry sidearms. Loughner, who was tackled to the ground and held by The effort was a dismal flop, and the gun several people including an armed citizen named Joe prohibitionist lobby quickly turned its attention, and Zamudio. that of the public, away from the Starbucks story. The shooting allowed gun prohibitionists to coin a A group in northeast Washington state raised a new phrase: “Assault magazines.” While it did not stink when it organized a coyote derby to cut down on gain as much traction in the general press as the term the predator population in an effort to help the “assault weapon,” it is still being repeatedly used by region’s whitetail deer herd. One organizer said the anti-gunners. Washington Department of Fish and Wildlife is “the Following the shooting, Gun Week Executive biggest problem we have.” Editor Joseph Tartaro noted that anti-gun lawmakers Early this year, Fortune magazine said the national revived a proposal to ban large-capacity magazines, debate on gun control had fizzled because gun control while the media ignored calls for improved funding had become a non-starter issue in Congress. Even for mental health initiatives. It was subsequently high-ranking Democrats conceded that the gun control reported in these pages that half of the states were not effort had been shelved in an attempt to regain rural complying with the National Instant Check System on voters. submitting mental health information on people who Grassley launched his probe of Fast and Furious could not legally own a firearm. initially as an investigation of the umbrella effort Perennial anti-gun Sen. Frank Lautenberg (D-NJ) known as “Project Gunrunner.” He sent a letter to introduced legislation to target gun shows and ban Holder to “come clean” on the operation early in the magazines that hold more than 10 rounds. He was year, as Codrea and Vanderboegh continued to joined in the effort by anti-gun Rep. Carolyn unearth new facts and allegations. McCarthy (D-NY). There was no evidence that At the same time, ATF announced that its study on Loughner had ever visited a gun show. shotguns would lead to a ban on importation of many A California court ruled in January that the state’s models considered non-sporting related. Perhaps not prohibition against on-line handgun ammunition sales coincidentally, anti-gun Sen. Dianne Feinstein (D- is unconstitutional, and issued a permanent restraining CA) called on the Obama administration to tighten up order against its enforcement. on firearms importing regulations. The Fast and Furious investigation broke wide Early in the year, Stratfor.org carefully demolished open with the announcement of 34 arrests in the “90% myth” that Feinstein and others had connection with border region run trafficking. The promulgated over the past two years to insist most of ATF at the time said it had been assisted in the the crime guns recovered in Mexico originated here. investigations by agents with the Internal Revenue The gun rights battle literally was taken to the Service, Immigration and Customs Enforcement and streets early in the year and the effort continued well the Phoenix, AZ, Police Department. Since the Fast into the spring when Mayors Against Illegal Guns and Furious operation turned into a scandal, those launched a rolling billboard campaign exploiting the agencies have distanced themselves from the number of firearms-related fatalities, alleging that 34 investigation. Americans die each day due to firearms use. At the time the ATF announced that it was Quickly responding were the Second Amendment concerned that proposed budget cuts would imperil Foundation and Citizens Committee for the Right to their investigation of border state gun running. Keep and Bear Arms with a joint educational effort Veteran NRA lobbyist James Baker came back to and its own rolling billboard. This one noted that, that organization after several years to work as a according to various researches, more than 2,100 lives Capitol Hill lobbyist again. Page 3

are saved every day because Americans can use down on a city challenge, it could start a flood of firearms to deter crime and violence. similar actions threatening other states’ preemption Just as aggressive in the battle to defend the laws. Second Amendment was Montana Gov. Brian Ultimately, the appeals court ruled in early Schweitzer when he essentially declared war on November that the city was in violation of the state wolves in his state. The big predators have decimated statute, upholding the SAF/NRA lawsuit—which was elk herds in some regions, which translates to a huge joined by the CCRKBA, Washington Arms Collectors impact on big game hunting. Montana is a popular and five individual citizens—adding one more notch destination state for hunters who spend millions of in the battle to reverse gun control laws. dollars on hunting and related activities, including The Seattle lawsuit was not the only gun rights professional guide services, hotels and motels, court victory. The City of Chicago lost another round restaurants and gas stations. in its efforts to dance around the McDonald ruling In neighboring Wyoming, lawmakers approved when the 7th Circuit Court of Appeals ruled against legislation that allows for carrying firearms concealed the Windy City in the lawsuit against the city’s without a permit. handgun control ordinance. The court also separately The wolf controversy would heat up throughout the ruled that the city had to reimburse SAF for legal fees year in Montana, Idaho and Washington. Congress in the McDonald case. passed legislation that removed federal protection of Also an Oregon appeals court ruled against that wolves in Montana, Idaho and the eastern third state’s universities and colleges in their attempt to section of Washington. prevent law-abiding citizens from carrying firearms Connected to the Fast and Furious controversy was on college campuses. a proposal, now enacted, by the ATF to require On the other end of the spectrum, a Florida judge federal firearms retailers in Texas, Arizona, New blocked enforcement of that state’s new “doctors and Mexico and California to report multiple sales of guns” law that had been backed by the NRA and certain long guns. The Brady Campaign quickly Unified Sportsmen of Florida. US District Judge jumped on board in favor of the proposal. Marcia Cooke ruled that the law violated the First The attention toward gun trafficking ramped up Amendment rights of physicians. with the February murder of ICE agent Jaime Zapata Meanwhile, Chicago kept “re-tooling” its gun in Mexico. He was on assignment there, was not ordinance in an attempt to just barely comply with its armed and was reportedly many miles away from his requirements under McDonald. headquarters when the shooting occurred. While that was going on, the NRA held its annual As the spring unfolded, Grassley called for an convention in Pittsburgh, PA, about the same time independent probe of the ATF, and both CCRKBA SAF filed another lawsuit, this time against New York Chairman Alan Gottlieb and NRA Executive Vice City and Mayor Michael Bloomberg over excessive President Wayne LaPierre began calling for Attorney gun permit fees. General Eric Holder to step down. And sticking to what has turned out to be a pattern, Seattle Lawsuit the House Oversight Committee under Congressman While SAF and the NRA seemed to go their own Darryl Issa (R-CA) issued subpoenas for more ways over the past couple of years on legal actions, documents in its Fast and Furious investigation. the most recent case in which they were jointly Washington State lawmakers passed legislation involved—the lawsuit that overturned the illegal ban allowing the use of suppressors by private citizens and on handguns in Seattle, WA, park facilities—went to the police. It was a major win for Washingtonians the State Court of Appeals. who previously could own suppressors, and even Pacific Northwest gun rights activists were not the mount them on firearms. They just could not legally only ones paying attention to this case. Across the use those guns while suppressors were attached. country, activists paid attention as did gun control Self-Defense v. Animals proponents for one reason. Washington’s state While so much happened this past year, it would preemption law was being challenged, and that not have been complete without major man-versus- statute, adopted in 1983 and reinforced in 1985 and animals self-defense actions, several in the Pacific again in 1994, has served as a model for similar laws Northwest and a significant one in Indiana. in several other states. If it were to be weakened or go Page 4

Retired Cincinnati, OH, Police Lt. Harry Thomas, attack, including hitting the animal with rocks. now an Indiana resident, landed in court last year for Finally, when the pit bull threatened the wife, the firing a gun to discourage the vicious dog that was husband retrieved a handgun from his home and fired biting his leg at the time. During his court trial this one round, killing the animal. past spring, Thomas successfully fought a citation by ‘Not Credible’ police in the town of Carmel in a case that got Rhetoric has been ramping up throughout the year national attention. Even the Law Enforcement over Operation Fast and Furious, and by mid-year, Alliance of America took an interest in the case. Grassley was telling Holder that his department was Thomas, a former member of the NRA board of simply not credible in explaining how the ATF directors, fired one round from a .45-caliber revolver allowed thousands of guns to flow across the border into the ground when one of two aggressive dogs into the hands of Mexican drug thugs. owned by a neighbor attacked him in October 2010. Holder’s later appearance before the Senate The case was continued several times and finally was Judiciary Committee in early November left much to heard March 29. be desired. When Sen. John Cornyn (R-TX) gave him A Kirkland, WA, man shot and seriously wounded an opportunity to apologize to the family of slain one of three aggressive pit bulls that had attacked his Border Patrol Agent Brian Terry, he reeled back from own dog in a city park. the microphone and only offered his regrets that Terry On Mother’s Day, a northern Idaho man fatally had been killed. He also admitted that he had not shot one of three grizzly bears that entered his spoken to the Terry family. property in Boundary County while his children were Grassley and Issa issued a Joint Staff Report on the outside playing. He was subsequently charged with bungled Fast and Furious operation, and it pulled no violating the Endangered Species Act, but public punches. The release was timed just hours before Issa backlash caused the federal prosecutor in that case to convened the first of several hearings before his back off and simply fine the shooter, Jeremy Hill. House Committee on Oversight and Government In mid-summer, residents in Northeast Washington Reform. managed to wipe out a marauding pack of wild dogs, It was also in late spring that Mexico began talking one of which may have been a wolf hybrid. The dogs about a lawsuit against US firearms manufacturers were blamed for killing more than 100 pets and over the number of guns showing up south of the livestock in Stevens County. One of the critters was border. shot by a turkey hunter during the spring season when As if Holder didn’t have enough trouble, SAF sued he was confronted by the aggressive canine. him in a challenge to US gun laws that prevent In September, again in Idaho, a bowhunter named residents from the District of Columbia from Rene Anderson of the small town of Headquarters purchasing firearms across the Potomac River in shot and killed a wolf that advanced on her during a Virginia. SAF also sued the State of Illinois over its later afternoon elk hunt near her home. Anderson had ban on carrying a defensive firearm for personal a state wolf tag, but the incident brought howls from protection. the wolf advocates because it was publicized as a self- One incident having nothing to do with Fast and defense shooting. Aggressiveness on the part of a wolf Furious that got a laugh out of everyone but is not the picture that wolf repopulation advocates Washington Gov. Christine Gregoire was the want in front of the public. appearance of several known outlaw bikers at a bill- Wolves in Montana and Idaho, and parts of Utah, signing ceremony in Olympia. The bill, now a law, Oregon and eastern Washington were removed from prevents Washington police from profiling—you the protection of the endangered species list by a vote guessed it—outlaw bikers. One of the people in the of Congress, and both Idaho and Montana currently room reportedly had killed a Portland, OR, police have wolf hunting seasons in progress. Wolves remain officer years ago in an incident that involved the cop protected in Washington by a state law. participating in an illegal activity at the time. Back in Seattle in early November, a Seattle man This was also the year that the firearms community shot and killed an attacking pit bull that had mauled lost several good people. Writer and powder specialist his own boxer and was threatening his wife. A Seattle Marty Liggins passed away May 15 following a battle Police spokesman told Gun Week that the with cancer. Liggins had written for Gun Week and homeowners tried everything to break up the dog Women & Guns along with other publications during Page 5

his career, and was one of the founders of the Fifty who were in charge of this operation have been fired Caliber Shooting Society. or even disciplined, except perhaps the One loss of a different sort that wasn’t so tough whistleblowers. was the departure of devoted anti-gun Congressman It was during that hearing that William Newell, Anthony Weiner, the seven-term Democrat from New former special agent in charge in Phoenix at the time York who had been Sen. Charles Schumer’s protégé Fast and Furious was operating, admitted to the panel and a possible candidate for New York mayor. Weiner that he had shared e-mail regarding the operation with was caught in a scandal involving photos of himself a member of the National Security team in the White sent to a woman via Twitter, and then trying to lie House. That bombshell rocked the hearing, and about it. opened the investigation even wider. Outrage in Ohio As the year draws to a close, there are increasing Although gunowners were furious over the calls from members of Congress for Holder to resign. continuing revelations in Operation Fast and Furious, Meanwhile, an alert Texas gun dealer is probably their rage was unleashed when a profanity-laced responsible for helping foil a plot to do a copycat Fort video—taken from the dash camera of a police patrol Hood shooting. The alleged plot involved an AWOL car—surfaced in mid-summer showing a Canton, OH, soldier who bought a firearm from Guns Galore in officer berating and threatening an armed citizen Killeen, TX, not far from the Army base. during a late-night contact. Across the Atlantic, Norway was the scene of a Uncovered by Ohioans for Concealed Carry, the mass shooting at an island retreat in July. The video crossed cyberspace at warp speed, creating a massacre was perpetrated by self-confessed gunman fury coast to coast. The video showed an officer Anders Behring Breivik. He set off a bomb on the identified as Daniel Harless telling citizen William mainland and then went to the island of Utoya, killing Bartlett that he did not immediately declare, as more than 70 people before it was over. required by state law, that he was armed when Harless Back in this country, another political storm boiled approached him. The problem was that Harless up when firearms retailers across the map began repeatedly told Bartlett to remain silent. receiving copies of a memo from the FBI asking At one point, Harless told Bartlett, “As soon as I surplus and firearms dealers to observe, identify and saw your gun, I should have taken two steps back, keep a record of people purchasing certain items that pulled my Glock 40 and just put ten bullets in your ass include firearms accessories. and let you drop. And I wouldn’t have lost any sleep, Major Donation do you understand me?” SAF’s on-going efforts to win back firearms freedoms A second video taken months earlier, showed “one lawsuit at a time” got a major boost when Glock Harless on another traffic stop where a gun was found Inc., made a significant financial contribution. The inside a vehicle, and he similarly threatened to shoot Austrian company is a major force in this country’s the occupant of that vehicle. The video was so bad firearms industry, and SAF’s Alan Gottlieb credited that the King County, WA, Sheriff’s Department Glock Vice President Josh Dorsey and General circulated it to all of their commissioned deputies, as Counsel Carlos Guevara with making the contribution an example of what not to do. possible. ‘Perfect Storm’ But even with that announcement, public attention As Gun Week reported, the first of several Fast and simply could not get far away from Fast and Furious Furious hearings before Issa’s House committee as the scandal continued to unfold into the fall. included testimony from Carlos Canino, a highly- Cornyn jumped into the fray with both feet, respected ATF agent with a reputation for candor. He demanding to know why three top officials involved called the operation a “perfect storm of idiocy” and in the operation were given new jobs and assignments, got support for that analysis from others who testified. rather than pink slips. He would later challenge That hearing and others that followed have raised Holder during a November hearing before the Senate the potential that at some point, the ATF may find Judiciary Committee about the Justice Department’s itself the subject of a complete reorganization, or lack of oversight and evasiveness about the gun- perhaps be incorporated into a different law running sting. enforcement agency. Still, disappointment lingers in The case took a bizarre turn when it was revealed the firearms community that so far, none of the people that the ATF and US Attorney’s office in Phoenix had Page 6

apparently allowed a man identified as Jean Baptiste Yes, Gun Week has always been a special-interest Kingery to walk despite his alleged involvement in publication, but it has also been a newspaper, detailing trafficking hand grenades to Mexican drug cartels. the good and the bad, the amusing and the Kingery was arrested at his home in Mazatlan where heartbreaking, and in its final year, the Fast and authorities found components for hundreds of Furious. When Executive Editor Joe Tartaro grenades. announced in the Nov. 1 edition that the presses And Fox News reported that the FBI had would soon stop turning for this grand old news organ apparently covered up the existence of a third gun at after 45 years, it was not without considerable regret the crime scene where Border Patrol Agent Terry was and no small amount of sadness for the Gun Week slain, allegedly to protect the identity of a highly- staff. placed informant inside the drug cartels. But all is not bad news, as Tartaro revealed. A The 9th Circuit Court of Appeals refused to block brand new monthly publication will be born next wolf hunting seasons in Idaho and Montana, but a new month. TheGunMag.com makes its debut in January court action filed in November sought to stop both 2012, perhaps just in time to bring more heartburn to hunts. gun prohibitionists as legislative sessions kick into The New Hampshire legislature overrode action across the states, and the presidential and Democrat Gov. John Lynch’s veto of a new law that congressional campaigns gather momentum for the expands the self-defense rights of citizens in that state. 11-month run to Election Day. The annual Gun Rights Policy Conference was This reporter will be along for that ride, and so will held in “the belly of the beast” in Chicago, partly to you readers. Meanwhile, have a wonderful holiday celebrate the SAF victory in McDonald and partly to season and make one New Year’s resolution that bring the conference to the last state in the nation sticks: Stay around for the new TheGunMag.com, and where gun rights do not include any form of carry of be there with us through the election cycle and for defensive firearms. many years to come. The New GUN WEEK, This year’s conference looked at coming legislative December 1 / 15, 2011 and congressional battles, and the United Nations’ continuing effort to adopt some kind of international Full House vote on federal carry bill imminent gun control initiative. Neither Mayor Rahm Emanuel by Joseph P. Tartaro, Executive Editor nor former Mayor Richard Daley took advantage of The full House of Representatives was expected to invitations to attend. vote on HR-822, the bipartisan national right-to-carry While that was going on, California Gov. Jerry bill, on Nov. 15, the day after this issue of Gun Week Brown signed legislation banning the open carry of went to press. unloaded firearms in public, a move that ignited new HR-822, captioned as the “National Right-to-Carry legal challenges to that state’s discretionary method of Reciprocity Act of 2011,” is considered by most issuing concealed carry permits. national, grassroots and industry organizations as The ATF rekindled its effort to prevent users of legislation that would help protect the rights of law- medical marijuana from owning or possessing abiding gunowners and enable over 6 million firearms. The move started a raging Internet debate, concealed carry license holders to exercise their right without much real hope of actually changing the to self-defense while traveling outside their home federal statute. states. Late in the year, the Gallup poll showed support A few gun rights groups have expressed concerns for a handgun ban dropping to an all-time low, and about the measure, but are not actually opposing the also showed less support for a ban on so-called legislation that co-sponsor Rep. Cliff Stearns (R-FL) “assault weapons.” has introduced and re-introduced in every recent Bad News, Good News session of Congress. And finally, the year closes with a farewell to Gun Each year, as more and more states adopted right- Week, where this reporter’s byline has proudly to-carry legislation, the need for such legislation has appeared for the past 11 years. As a publication, Gun become more important. The patchwork of reciprocity Week had few if any rivals in terms of timeliness, agreements and other legal instruments to allow readability, and an understanding of the firearms people licensed in one state to travel to others has not issues that are all-too-lacking in the mainstream press. been the most satisfactory arrangement. Page 7

HR-822, if passed, would extend the reciprocity Calls for Holder’s resignation are building, though concept to all states that allow concealed carry of so far they have remained partisan in nature from the firearms for defense and sport. Currently, only Illinois Republican side of the aisle. does not have a concealed carry licensing system or Issa is certain to challenge Holder about false any sort, shall issue or discretionary. statements previously made regarding Fast and The prospects for a favorable vote in the House are Furious by his Justice Department subordinates. good with some 240 representatives—both Democrats Both Issa and Grassley have recently seized on and—listed as co-sponsors of the measure. assertions in a Feb. 4 letter to the senator from The prospects for passage in the Senate before the Assistant Attorney General Ronald Weich, in which end of the 2011, or even the end of this congressional he insisted that “ATF makes every effort to interdict session, are not as favorable. While there is strong weapons that have been purchased illegally and pro-gun sentiment in the Senate, the pressure is on to prevent their transportation to Mexico.” defeat the bill or poison it with amendments. Weich further told Grassley that “…the allegation Anti-gun organizations like the Brady Campaign described in your January 27 letter—that ATF and Mayors Against Illegal Guns have been ‘sanctioned’ or otherwise knowingly allowed the sale campaigning vigorously to block passage of HR-822. of assault weapons to a straw purchaser who then They are aided by many major newspapers and other transported them into Mexico—is false.” political figures—governors and state attorneys On Nov. 1, Assistant Attorney General Lanny general—in many states that are usually hostile to Breuer, who heads the Justice Department’s Criminal concealed carry laws and guns in general. Division, acknowledged during testimony before the If the House votes for the measure, even if the Senate Judiciary Subcommittee on Crime and Senate rejects or delays passage, the rollcall gained Terrorism that guns had been walked, and that he from the imminent vote in the lower body of Congress apparently knew about gun walking—the tactic of will serve as an important measuring stick. And, of allowing gun trafficking suspects to walk out of gun course, there is the question of whether or not Obama stores with firearms without interdiction—since 2010. would veto the bill. The New GUN WEEK, December Other revelations over the past several months have 1 / 15, 2011 proven Weich’s Feb. 4 claims to have been erroneous, and during his Senate Judiciary exchange with ‘Fast & Furious’ heat continues to build for Holder Cornyn, Holder argued semantics over whether a by Dave Workman, Senior Editor statement was “false” or simply “incorrect.” Attorney General Eric Holder will face more In a letter to Weich, Issa referred to Breuer’s fireworks on Capitol Hill Dec. 8 when he is scheduled testimony, noting, “…the head of the Criminal to appear before the House Judiciary Committee, Division admitted in testimony before the Senate where it is almost certain he will be grilled about Judiciary Committee not only that the statement was Operation Fast and Furious. false, but that he knew it was false, though he could His testimony before the Senate Judiciary not recall whether he had reviewed the letter.” Committee on Nov. 8 has drawn searing criticism Capitol Hill sources told Gun Week that there is no from Republican Sens. Charles Grassley (IA) and indication whether Weich will be called to testify John Cornyn (TX). again before either House or Senate committees. But it will be before the House Judiciary Meanwhile, amidst the political sparring on Capitol Committee that Holder faces Congressmen Darrell Hill, further revelations about Fast and Furious and Issa (R-CA), Trey Gowdy (R-SC) and Jason Chaffetz the preceding Operation Wide Receiver, CBS News (R-UT)—all members of the House Committee on and others noted that the man in charge in Phoenix Oversight and Government Reform with Issa as during Fast and Furious—former Special Agent in chair—that has been investigating Fast and Furious Charge William Newell—was also in charge back in for the past 10 months. Congressional sources have 2006-2007 when Wide Receiver was launched. indicated to Gun Week that the upcoming hearing will Gun Week confirmed this independently with almost be like Holder appearing before both sources at the ATF. committees at the same time. Anti-gun Sens. Charles Schumer (D-NY) and Dianne Feinstein (D-CA) both tried to provide cover for Holder during the Judiciary hearing by dredging Page 8

up the Wide Receiver operation. However, that enforcement should never allow guns to be delivered operation was conducted somewhat differently, to dangerous criminals; yet, ATF allowed weapons to sources told Gun Week, because Mexican authorities flow to members of certain Mexican drug cartels. were alerted to intercept suspects on at least one Common sense would dictate that every effort should occasion, but apparently could not find them once be made to interdict guns before they can be delivered they crossed the border. to the criminal element; yet, ATF chose not to In Fast and Furious, documents show that the interdict those guns. Common sense would dictate that Mexican government was deliberately kept in the only bad things can happen when dangerous criminals dark. are allowed to purchase military grade assault Clearly, over the course of the past few months, weapons; yet, ATF ignored that risk. This was Issa and Grassley, and now other members of Operation Fast and Furious and it defied common Congress, have become frustrated with Holder and the sense. Justice Department. They are not the only ones. “President Obama has spoken often about the need Following Holder’s appearance before the Senate for transparency in our government. Furthermore, the Judiciary Committee, the parents of slain Border President, when referring to Operation Fast and Patrol agent Brian Terry released the following Furious, has said, ‘People who screwed up will be statement: held accountable.’ Well, we know who screwed up: they were ATF supervisors in the Phoenix Field Office who thought up and initiated this plan, ATF “At Tuesday’s Senate Judiciary Committee Headquarters executives who allowed it to continue, hearing, Attorney General Eric Holder said that and officials in the Department of Justice who didn’t he “regrets” the death of Border Patrol Agent put a stop to it when they had the opportunity. Brian Terry. He has previously said that ATF’s Operation Fast and Furious and the way that DOJ and Operation Fast and Furious was ‘flawed in its ATF have handled both the actual investigation and its concept and flawed in its execution.’ Mr. Holder aftermath are excellent examples of the precise need also has said that gun walking is ‘inappropriate for transparency and accountability. and inconsistent with Department of Justice “The Attorney General has said that he did not policy and should not occur.’ Yet, when Senator know about the flawed tactics being used by ATF in John Cornyn asked him if he had spoken to or Operation Fast and Furious; if this is true and he did apologized to the Terry Family, Mr. Holder not know, then he should have known. After all, he is replied that he has not spoken to the family nor the Attorney General of the United States and the has he apologized for the actions of ATF and head of the Department of Justice under which ATF the US Attorney’s Office in Phoenix. Instead, he belongs. Mr. Holder needs to own Operation Fast and said that ‘it’s unfair to assume that mistakes Furious. In the end, Mr. Holder may choose not to from Fast and Furious directly led to the death apologize to the Terry family for the role that ATF of Agent Terry.’ and DOJ played in the death of Brian Terry, but the Attorney General should accept responsibility “One week ago, Assistant Attorney General Lanny immediately. It is without question, the right thing to Breuer is on record saying, ‘the tragic truth is that if do.” The New GUN WEEK, December 1 / 15, 2011 those criminals who killed Agent Terry had not gotten the guns from this one source, they would have gotten FBI releases data on police officer deaths on the gun from another source.’ The fact of the matter is duty that the men who killed Brian Terry were armed with According to information released by the FBI in brand new military grade assault weapons and late October, 56 law enforcement officers were ammunition. The weapons were allowed to be feloniously killed in the line of duty last year; 72 purchased with the full approval of ATF and the US officers died in accidents while performing their Attorney’s Office in Arizona; both agencies falling duties, and 53,469 officers were assaulted in the line under the control of the Attorney General. of duty. “Now common sense would dictate that law The 2010 edition of Law Enforcement Officers enforcement should never let guns walk; yet, ATF let Killed and Assaulted provides comprehensive tabular guns walk. Common sense would dictate that law data about these incidents and brief narratives Page 9

describing the fatal attacks, according to the Tactical While praising police chiefs for their efforts in the Wire. continuing decline in national crime rates, Holder The 56 felonious deaths occurred in 22 states and warned that the latest report by the Justice Puerto Rico. The number of officers feloniously killed Department’s Community Oriented Policing Services in 2010 increased by eight compared with the 2009 (COPS) office, showed that nearly 12,000 police figure of 48 officers, but continues the drop from the officers and sheriff’s deputies will be laid off because 2001 number 2001 involving 70 officers. of budget cuts this year. In addition, police agencies Fifty-four of the victim officers were male, and two have nearly 30,000 unfilled vacancies. were female. Forty-eight of the officers were white, According to the COPS report, an estimated 28,000 seven were black, and one was Asian/Pacific Islander. officers and deputies have been forced off the job in Of the 56 officers feloniously killed, 15 were weeklong furloughs in 2010 as cash-starved agencies ambushed; 14 of the slain officers were involved in tried to make ends meet. More than one-third of the arrest situations; eight were investigating suspicious agencies applying for federal grants reported a budget persons/circumstances; seven were performing traffic drop of greater than 5% between 2009 and 2011. stops/pursuits; six were answering disturbance calls; Nearly a quarter of US cities have made a cut to three were involved in tactical situations (e.g., high- public safety budgets. risk entry); two were conducting investigative activity “Of course—as cities, states and counties confront such as surveillance, searches, or interviews; and one once-in-a-century financial constraints—this has officer was killed while transporting or maintaining never been more difficult,” Holder said of continuing custody of prisoners. progress against crime. Offenders used firearms to kill 55 of the 56 victim Holder urged the IACP to support the Obama officers. Of these 55 officers, 38 were slain with administration’s jobs package with which Congress is handguns, 15 with rifles, and two with shotguns. One wrestling. The New GUN WEEK, December 1 / 15, officer was killed with a vehicle used as a weapon. 2011 Regions: Twenty-two of the felonious deaths occurred in the South, 18 in the West, 10 in the Gun instructor's ad ricochets Midwest, and three in the Northeast. Three of the From the "Advertising gets results" file comes a deaths took place in Puerto Rico. story that shows any ads can stir up a buzz. Law enforcement agencies identified 69 alleged On a YouTube clip that has gone viral, Texas assailants in connection with the 56 felonious line-of- handgun instructor Crockett Keller defiantly told duty deaths. Fifty-seven of the assailants had prior Muslims and non-Christian Arabs he won't teach them criminal arrests, and 19 of the offenders were under how to handle a firearm, The Associated Press judicial supervision at the time of the felonious reported. incidents. That got both officials and unofficial results. Of the 72 law enforcement officers killed in First the official: The Texas Department of Public accidents while performing their duties in 2010, the Safety sees the ad as possible discrimination, and may majority of them (45 officers) were killed in revoke Keller's instructor license, but his ad has drawn automobile accidents. The number of accidental line- both praise and condemnation. of-duty deaths was up 24 from the 2009 total (48 But tens of thousands of YouTube viewers have officers). The New GUN WEEK, December 1 / 15, watched the $175 ad for Keller's business in the small 2011 community of Mason, which has won him some admirers but that embarrassed locals say Holder tells IACP poor economy threatens cop misrepresents their community. Muslim groups jobs dismissed the 65-year-old as a bigot. Years of recession and a slow economic recovery Keller has received plenty of attention since his could lead to a decrease in the number of police radio spot on a rural country music station in Mason officers, the first such drop in a quarter of a century, County, about 100 miles east of Austin, went viral on Atty. Gen. Eric H. Holder Jr. warned the International the Internet. Association of Chiefs of Police (IACP) conference in The Texas Council on American-Islamic Relations Chicago in October, according to the Los Angeles called the ad ugly rhetoric undeserving of media Times. attention. Others have called Keller's phone number Page 10

from the ad to personally tell him worse, including kept guns that he took from two different people while alleged death threats. a police officer and then lied to cover it up. But Keller has also won over some fans. As he Defense attorney Rick Williams countered that his spoke with a reporter in his cabin, rancher Clyde client took both guns lawfully and acted within the McCarley knocked on his door and asked about boundaries of his duties as a law enforcement officer. signing up for a class. However, Newburn never returned the guns to their "It's mighty dadgum interesting to me that some rightful owners when told to do so. In one case, he people can say anything they want, and you make a told the owner the gun had been destroyed. The New statement and they bring down the house on you," GUN WEEK, December 1 / 15, 2011 McCarley said. The New GUN WEEK, December 1 / 15, 2011 Acquitted woman gets 5 years Is New York City hoplophobic or what? TSA screeners find guns daily A woman cleared of murder charges in the Federal airport screeners still find four to five guns shooting death of her retired NYPD husband was at checkpoints on a typical day, the Transportation sentenced to five years in prison on Nov. 10 for gun Security Administration's (TSA) chief told a Senate possession, a decision her lawyer described as hearing on Nov. 2, according to CNN. disheartening. He said he would appeal. "Yesterday we found six, including one at ... In a case seen as a test of the battered-woman Bradley (airport in Connecticut)—a loaded gun with defense, Barbara Sheehan, 50, was acquitted of seven rounds in it, in a checked bag that (a passenger) second-degree murder in October after her lawyers was trying to get through," Administrator John Pistole successfully argued that she fired a gun at her husband said. only after he threatened to kill her. Passengers typically say they forgot the weapon Reuters reported that she was sentenced in state was in their bag, TSA officials said. But in one recent Supreme Court in Queens to five years in prison and case, a passenger at Dallas-Fort Worth International two years of probation on the unlawful gun possession Airport tried to board a plane with two pistols, three charge, based on her use of her husband's weapons to ammunition magazines, eight knives and a hand saw shoot him. The New GUN WEEK, December 1 / 15, in a carry-on bag, the TSA said. That passenger was 2011 arrested by local law enforcement. More than 900 guns have been recovered at Amended brief filed after judge stalls CA `assault checkpoints this year, the TSA says. The New GUN weapon" suit WEEK, December 1 / 15, 2011 Two gunowners cannot force the California attorney general to prevent law-enforcement agencies Ex-cop kept guns he seized from arresting people in possession of "assault- From the "Only cops should have guns" file comes weapon" look-alikes, a federal judge ruled on Oct. 26. this report from the Mobile, AL, Press-Register. Although US District Judge Susan Illston refused to A former Citronelle, AL, police officer violated the issue the order the duo requested, but she did allow law when he kept a pair of handguns he took from the them to file an amended brief, which their lawyers motorists during his 11-year tenure on the force, a did on Nov. 4. federal jury in Mobile decided. Mark Haynie and Brendan Richards were each The jury convicted Bill Eugene Newburn on two arrested for allegedly owning "assault weapons" in counts of possession of a stolen firearm. Under a 2009 and 2010. Haynie's rifle had a "bullet button," preliminary calculation of advisory guidelines in his which makes the rifle's magazine detachable, and case, he faces at least a year and 9 months in prison could not be identified under California penal code as and as much as 2 years and 3 months behind bars. The an actual banned "assault weapon." Haynie was judge scheduled a sentencing hearing for Feb. 10. released, but sued the city of Pleasanton, claiming he Police Chief Shane Stringer has said the two feared future wrongful arrests. Richards spent six days incidents were among several complaints he received in jail after his arrest, after the Department of Justice about similar conduct, although the other incidents did found none of his firearms were assault weapons. not come out during the two-day trial. During the trial, Haynie and Richards were joined by the Calguns prosecutors contended that Newburn, 40, improperly Foundation and Second Amendment Foundation Page 11

(SAF) in a consolidated lawsuit claiming California The state has 45 days to issue a license once a valid Attorney General Kamala Harris and the Department application is received. of Justice (DOJ) should issue bulletins distinguishing Brueck said the Justice Department is working to guns with "bullet buttons" from assault rifles. make sure the deadline will be met. The judge found Haynie and Richards have no Attorney General J.B. Van Hollen was the first basis for their claim that they are in danger of future applicant in the Badger State to receive a permit. The arrests. New GUN WEEK, December 1 / 15, 2011 "Plaintiffs' allegations that they fear future wrongful arrests do not demonstrate a case or KY store owner shoots robber controversy and fail to establish standing to seek an A man identified as Jason Crase of Line Fork, KY, order compelling DOJ to issue a memorandum to was recovering from a gunshot wound he received prevent wrongful arrests," she wrote. during an alleged robbery attempt at a Louisville "Haynie and Richards would have to allege either convenience store. that all law enforcement officers in California always According to WHAS 11 news and the Louisville arrest any citizen they come into contact with who is Courier Journal, Crase took a bullet Oct. 26 when he lawfully in possession of a weapon with a bullet walked into the store and demanded money. The button, or that the DOJ has ordered or authorized unidentified shop owner, who was not charged in California law enforcement officials to act in such a connection with the shooting, turned over some cash, manner." but then drew a gun and opened fire. Illston also found Haynie and Richards were Louisville cops didn't have to work too hard to find merely speculating on future run-ins with law their suspect. He showed up at nearby University enforcement. "These speculative claims do not show a Hospital for treatment of a gunshot wound. At press likelihood of substantial and immediate irreparable time, he was facing a possible charge of first degree injury," she wrote. burglary, WHAS said. The New GUN WEEK, The amended brief filed on Nov. 4 cited multiple December 1 / 15, 2011 erroneous arrests by police in various parts of the state and raised Second Amendment issues based on recent Pressure mounts on Holder F&F probe Supreme Court ruling in the Heller and McDonald by Dave Workman, Senior Editor cases. Pressure has been building on Attorney General One of the main claims in the new and extended Eric Holder to either come clean on Operation Fast brief is that the state's law banning so-called assault and Furious or resign. weapons is too vague and confusing for both the The spotlight has also been turned on Homeland gunowners in the state and the police. The New GUN Security Secretary Janet Napolitano, who came under WEEK, December 1 / 15, 2011 intense fire from Congressmen Darrell Issa and Trey Gowdy during questioning before the House Judiciary Over 20,000 apply for Wisconsin carry in few days Committee. Napolitano told the panel that she had not of law spoken to Holder specifically about the slaying of The Wisconsin Department of Justice had received Border Patrol agent Brian Thrry, a revelation that more than 20,000 concealed carry applications in the stunned both Issa and Gowdy. first four days after the state's new law took effect on After that hearing, both lawmakers appeared on Nov. 1, according to the Milwaukee Journal Sentinel. Fox News to be interviewed by business Data from the state Justice Department show that correspondent Lou Dobbs, telling him that Napolitano as of 4 p.m. Nov. 4, 20,476 applications had been "didn't have answers to important questions." submitted. Of those, 879 concealed carry licenses had Meanwhile, Issa's joint probe, with Sen. Charles been approved and 793 had been printed. Grassley, of gun trafficking sting operations mounted Also, 117 applications were rejected. Agency by the Bureau of Alcohol, Tobacco, Firearms and spokeswoman Dana Brueck told the newspaper that Explosives has expanded into Thxas at the urging of incomplete applicant data, insufficient training Sen. John Cornyn. Grassley and Issa sent a request to documentation or a missing payment are all reasons Holder for specific information relating to gun an application can be rejected. trafficking investigations in the Lone Star State because that's where one of the guns recovered at the Page 12

murder scene of Immigration and Customs The Nov. 9 transfer; and any surveillance that any Enforcement Agent Jaime Zapata came from Zapata component of the DOJ continued to conduct on the was killed in an ambush along a highway in Northern Osorio brothers or Morrison between the Nov. 9, Mexico in February, almost two months to the day 2010, transfer and their arrest on Feb. 28, 2011. after Terry was killed in southern Arizona. Illinois Congressman Joe Walsh joined other The gun was purchased in October 2010 by °till° members of Congress who have called on Holder to Osorio, who was arrested after the Zapata slaying resign, as have Wayne LaPierre, executive vice presi- along with his brother, Ranferi, and an acquaintance, dent of the National Rifle Association and Alan Kelvin Morrison. Otilion Osorio agreed in late Gottlieb, chairman of the Citizens Committee for the October to enter guilty pleas to three of more than 20 Right to Keep and Bear Arms. charges relating to illegal gun trafficking. In another development, Secretary of State Hillary Holder was to have responded by Nov. 8 at noon. Clinton told the House Committee on Foreign Affairs The information sought by Grassley and Issa that the Justice Department never consulted State on included: Operation Fast and Furious. She also said she learned Did ATF make any effort to question Ranferi about the operation from the press. Osorio or Kelvin Morrison after trafficked firearms Adding to the fury on Capitol Hill is a proposal by were traced back to them on September 17? If not the Justice Department that would allow DoJ officials why not? to lie about the existence of so-called "sensitive Why weren't any of these individuals arrested in information." If adopted, this could give the November in connection with the undercover drop-off department leeway to simply deny certain documents of weapons on Nov. 9? exist. Critics of the Justice Department worry that this Was any surveillance maintained on the Osorio could jeopardize progress in the Fast and Furious brothers or Morrison by any DOJ component, investigation. including ATF and DEA, after the Nov. 9 operation? National Gun Rights Examiner David Codrea, one If not, did personnel from any DOJ component of the on-line journalists who originally dug out the raise concerns about the wisdom of allowing Fast and Furious story, told Gun Week that his individuals like the Osorio brothers or Morrison to Freedom of Information Act (FOIA) requests for continue their activities after the November weapons documents has been stalled by the Justice Department. transfer? If so, how were those concerns addressed? He said the agency was "unresponsive and they are Given that the likely recipients of any trafficked reviewing my appeal and taking way more than the guns were so close to the border, did personnel from legal time limit to do it." any DOJ component raise concerns about the possibil- Extending the investigation into Texas gun ity of those guns being used against US border trafficking, and putting Napolitano under the spotlight agents? If so, how were those concerns addressed? indicate just how widespread the gun running scandal Does any component of DOJ know when or how might have been. In a previous interview with Gun the firearm used in the deadly assault on Agent Zapata Week, Issa indicated that he would have liked to have was trafficked to Mexico? wrapped up the investigation by the end of this year, Does the ATF have policies about creating ROIs at but as new revelations continue surfacing, the probe the time that events take place? could extend well into 2012, which would not be good Why was the ROI regarding events in November news for the Obama re-election campaign. 2010 not created until immediately after the ATF It came as no surprise that partisanship has entered received the trace results on the Zapata murder into the controversy. California Democrat Adam weapon? Schiff launched an attack on the Fast and Furious In addition to answering those questions, please investigation, calling demands for Holder to come provide all records relating to the following: clean "a meritless distraction from the important work When any component of the DOJ first became of the Department of Justice." He said the "politically aware of the trafficking activities of Otilio and Ranferi motivated attacks" on Holder "need to come to an Osorio and Kelvin Morrison; end." Surveillance that may have been conducted on the "The evidence is clear," Schiff argued, "and the Osorio brothers or Morrison prior to the Nov. 9 Attorney General has been forthright throughout—he transfer of weapons; was not briefed on the details of Operation Fast and Page 13

Furious until after the serious problems became assault weapons seven years after the Clinton-era ban public. The Attorney General then requested a full on semi-autos expired. investigation by the Inspector General, exactly what Gallup released results for the Oct. 6-9 poll, we should want him to do." showing that only 25% of those who responded were Republicans, however, have continued in favor of a legal ban on handgun possession by investigating. Pennsylvania Congressman Patrick anyone other than police or "other authorized people." Meehan sent a letter to Holder, urging him to However, the poll indicated higher support for cooperate with the investigation. Gun Week obtained restrictive gun laws among those who identified a copy of that letter, in which Meehan wrote, almost themselves as Democrats than among Independents or in conciliatory language, "If it is true, as some believe, Republicans. More than twice as many Democrats that this controversial program was conducted by than Republicans (37% to 16%) would abolish private local agents without the knowledge of senior Justice handgun ownership. The margin was lower among Department officials, then surely we need to know Independents (23%). how such an ill-conceived and wide-ranging operation That might suggest some progress though, because was allowed in the first place. And for that, we need in 1991, 54% of identified Democrats favored a your insight." handgun ban. That amounts to a 17% decline. Taking a more aggressive approach, Gowdy and Democrats are still more supportive of stricter laws Rep. Jason Chaffetz of Utah sent a letter directly to covering the sale of firearms than are Republicans or President Obama, asking him pointedly, "...(I)f you Independents. knew the Attorney General did not authorize 'Fast and Alan Gottlieb, founder and executive vice president Furious' how did you learn that and when did you of the Second Amendment Foundation, issued a learn that? If you knew Attorney General Holder did statement noting that "The pendulum has definitely not authorize it, inherent in that response is been swinging in favor of expanded gun rights." knowledge of who did authorize it. That information "For too long, people were fooled by hysteria and would be most helpful to the committee as we seek misinformation from gun prohibitionists and their answers to this tragically ill-conceived and tragically cheerleaders in the press," he asserted. "But their ill-executed investigation." alarmist rhetoric has failed the test of time, and now Gowdy, a former prosecutor, issued a statement in Americans by greater percentages than we've seen in which he declared, "Fast and Furious was both ill- generations are realizing that gun rights are important, conceived and ill-executed, and any investigation that to our security as a nation and to public safety in our relies on 'gun-walking' and the recovery of guns at own neighborhoods." crimes scenes is so fundamentally flawed that Gottlieb said public sentiment favoring gun whoever approved it needs to be disciplined." ownership has been influenced strongly by two recent "Allowing guns to walk away from law Supreme Court rulings on the Second Amendment, enforcement surveillance into another country is the 2008 ruling in the case of District of serious enough," Gowdy said, "but adding to that, Columbia v. Dick Anthony Heller and the 2010 what seems to be ATF's plan to wait to recapture these decision in McDonald v. City of Chicago. The first guns at crimes scenes—after yet another law is confirmed an individual right to keep and bear arms, violated—is frankly astonishing in its ineptitude. So, the second applied that decision to states and it is not enough for me to know when the President municipalities. and Attorney General learned of so-called `problems' "The public has realized that all the doom and with 'Fast and Furious.' `Fast and Furious' was a gloom rhetoric from gun prohibitionists about more problem from its very inception." The New GUN crime and violence associated with increased gun WEEK, November 15, 2011 ownership has been wrong," Gottlieb said. "More Americans today own firearms than they did a Gallup poll shows more support for gun generation ago, yet violent crime rates are at their ownership lowest levels in many years." Support for banning private handgun ownership He also noted that Americans "have become has dropped to an all-time low, according to the increasingly aware that they are the true 'first results of the annual Gallup Crime poll, which also responders' when a crime happens in their presence." showed declining support for a ban on so-called People are willing to fight back rather than wait for a Page 14

police response, which could be minutes, if not hours requirements for its own residents," Smith said at the away, depending upon the location. markup. Another blow to the gun prohibition lobby was the Lungren said he wants the measure to set a shift in attitudes about gun laws in general. Support minimum national standard for conceal-and-carry for stricter gun laws declined, with 44% believing permit holders. He is also concerned that residents of laws should be left as they are, and 11% favoring less states with strict conceal-and-carry requirements strict laws. Only 43% of respondents believed the would go to other states with less stringent semi-auto ban should be renewed, down 10% from requirements to obtain a permit. 2001 poll results. The New GUN WEEK, November The National Rifle Association considers the 15, 2011 National Reciprocity measure a top priority according to an op-ed published on the conservative website House panel Okays right-to-carry reciprocity Townhall.com. bill But that opinion, however, is not shared by all gun- The House Judiciary Committee on Oct. 25 rights activists. The New GUN WEEK, November 15, approved the National Right-to-Carry Reciprocity Act 2011 (HR-822) which could be headed to the floor vote by the end of 2011, according to The Hill and other Cop abuses perps' credit Washington news sources. As the U.S. Attorney tells it, Charles Jacoby was a The vote in committee was 19-11, with all but one Philly cop with a fraud scheme on the side, committee Republican, Rep. Dan Lungren (CA), phillynews.com reported. supporting the measure sponsored by Rep. Cliff Authorities said Jacoby, who worked as a patrol Stearns (R-FL), with all Democrats on the panel officer and cell block attendant in the 22nd Police united in opposition. District in North Philadelphia, was supposed to Lungren and other Republicans have raised safeguard the personal belongings of recently arrested concerns about the legislation's effect on the rights of and incarcerated individuals that had been placed in states, which is the same main theme of opponents, temporary storage. including such noted anti-gunners as New York City Instead, Jacoby, 30, of Burholme, allegedly stole Mayor Michael Bloomberg, New York State Attorney their debit and credit cards and used them to buy General Eric Schneiderman, and others. gasoline for his personal vehicle and various items for While many Democrats in the House have signed himself. on as cosponsors of the measure, others are suddenly Jacoby was charged on Oct. 11 by criminal rallying around the states' rights theme. information, a process that typically indicates a plea Rep. Carolyn McCarthy (D-NY) has sent a letter to deal is in the works. Both Assistant US Attorney all 50 US governors alerting them to the bill. Kevin Brenner and defense attorney David Averett "If the bill were to become law, a state that has declined to comment on the case. The New GUN decided that concealed handgun carriers should go WEEK, November 15, 2011 through certain kinds of firearm safety training or pass certain criminal background checks would be forced Screener brings gun to airport to allow residents of other states to walk its streets Here's at least one answer to the "Who watches the armed, even if they acquired their weapons without watchdogs" question. passing those standards." A Transportation Safety Administration (TSA) On the other hand, Judiciary Committee Chairman employee was taken into custody on Oct. 12 after he Lamar Smith (R-TX) said the bill would make it unlawfully tried to bring a handgun into the secured easier for individuals with permits to cross state lines area of Miami International Airport, police told local with their concealed weapons. news media. "The bill allows law-abiding gunowners with valid Just before noon, Eduardo Valdes, 29, a screener state-issued concealed-firearms permits or licenses to for TSA, was reporting for duty on the sterile side of carry a concealed firearm in any other state that also the airport. He was passing through an employee allows concealed carry. This legislation does not pre- security checkpoint when another screener noticed a empt a state's ability to set concealed-carry handgun in his bag. Page 15

According to the police report, Valdes admitted he At one point, Miller said, both he and the man had knew it was illegal to bring a firearm into the airport a hand on the .38-caliber revolver. The sergeant and that he just "forgot." He also said the gun was not wrested the gun away just as two back-up officers registered and he did not have a concealed weapons arrived. permit. "At that point I was completely winded, gassed," Valdes was taken to the Miami-Dade County Jail. he said. "I had a little bit of shock. And it sunk in then The New GUN WEEK, November 15, 2011 what happened. I realized that my ring finger around the nail bed had been wedged between the hammer Smugglers tunnel parking slots and the cylinder of the gun and basically getting Drug smugglers are endlessly creative when it crushed in there. comes to inventing ways to move marijuana, cocaine "During the course of the fight at one point I felt and other contraband from Mexico into the US, the gun right up against my belly." according to an ABC News report. The suspect, Eugene Graves, 30, of New York was In the latest innovation uncovered by law charged with attempted murder of a police officer, enforcement, smugglers in the border town of weapon possession and possession of a controlled Nogales, AZ, were bringing drugs into the US for the substance. The man who ran off was still at large. The cost of a quarter per drop. New GUN WEEK, November 15, 2011 The parking meters on International Street, which hugs the border fence in Nogales, cost 25 cents. Whitetail explores journalism Smugglers in Mexico tunneled under the fence and A whitetail buck explored a journalism career in under the metered parking spaces, and then carefully Canandaigua, NY, in the state's Finger Lakes region cut neat rectangles out of the pavement. Their on Oct. 24, and escaped unscathed, according to The confederates on the US side would park false- Associated Press. bottomed vehicles in the spaces above the holes, feed The deer charged through the main entrance of the the meters, and then wait while the underground Daily Messenger, jumped through a window into the smugglers stuffed their cars full of drugs from below. managing editor's office, then bolted into the When the exchange was finished, the smugglers newsroom breaking windows en route before breaking would use jacks to put the pavement "plugs" back into out through an outside window. The New GUN place. The car would drive away, and only those WEEK, November 15, 2011 observers who were looking closely would notice the seams in the street. TN lawmaker arrested on DUI, firearm charges In all, US Border Patrol agents found 16 tunnels The sponsor of the law that made it legal to carry a leading to the 18 metered parking spaces. The gun into bars in Tennessee is facing charges of pavement is now riddled with neat, symmetrical possession of a handgun while under the influence and patches, and the city has told Homeland Security it drunken driving. will move the parking meters, and possibly lose Rep. Curry Todd (R-Collierville) was pulled over $8,500 annually in parking revenue, plus the cost of in Nashville late on Oct. 12, according to court docu- citations. The New GUN WEEK, November 15, 2011 ments cited by the Associated Press. Police said he failed a roadside sobriety test and refused to take a NYC cop's finger saves his life Breathalyzer test. A loaded .38- caliber gun was found A New York City police sergeant says he avoided in a holster stuffed between the driver's seat and being shot during a struggle with a suspect when his center console. ring finger got jammed under the hammer in the man's Todd posted bail of $3,000 and was released from gun. jail. He later released a statement saying, "I am deeply Sgt. Michael Miller, 38, and his partner, Officer sorry for the events of last evening." He said he would William Reddin, 30, had pulled over a speeding cab make no further comments on the advice of his on the night of Oct. 7 and asked two apparently attorney. nervous men in the back to get out. Todd told officers that he had consumed two One man took off and the other resisted when the drinks, according to the affidavit. officers began to handcuff him after detecting the gun, As a former Memphis police officer, Todd isn't The New York Times reported. required to have to have a permit to carry a gun in Page 16

public, but state records show he has one anyway. The guns," said Gov. Jerry Brown, a Democrat, in a New GUN WEEK, November 15, 2011 signing statement related to Assembly Bill 809, a measure sponsored by Assemblyman Mike Feuer (D- Dems want door slammed on more of Obama's Los Angeles) that requires the state to keep records of records rifle sales starting in January 2014. Barack Obama may have 14 months left in his first Why not indeed! term, but his supporters in Congress are already Apparently, neither Brown nor Feuer, nor a preparing for the day he'll be an ex-president by majority of the lawmakers in Sacramento pays any introducing legislation that will allow him to keep his attention to the news coming out of Canada. There personal and presidential documents secret, politicians, newspapers, the general public and the accordidng to WorldNetDaily.com. broadcast media have been engaged in a debate for According to Judicial Watch, the Washington- several months about whether or not to retain a long based government corruption fighting organization, gun registration law that has been on the books for 14 the proposal by Rep. Edolphus Towns (DNY) is "an years. obvious effort to protect President Barack Obama." There have been three main arguments about the "Ironically, Obama revoked a similar George W. continuation of the long gun registry. They are: Bush order in one of his first official acts as president. — The registry haft cost the government way too In 2001, Bush penned an executive order severely much. Originally promised by its sponsors to only limiting public access to his presidential records. cost a couple of million dollars, more recent studies Shortly after swearing in, Obama killed it as part of show that the Canadian long gun registry has cost his much-ballyhooed commitment to government between $1 billion and $2 billion, depending on who's transparency. At the time, the new president claimed checking the numbers; that he was giving the American people greater access Throughout its 14 year life, there has been no to 'historic documents,' " Judicial Watch said. evidence that the long gun registry has made any "If the Democrats' proposed measure (Presidential measurable contribution to reducing gun-related crime Records Act Amendments) becomes law, former or improving public safety in any significant way, and presidents will be allowed to assert a new The gun registry law has led to abuses of police 'constitutionally based privilege' against disclosing power, intrusions into the privacy of Canadian citizens records of their liking. Here is how it would work; the and their homes, and resulted in long-term gun rights archivist of the United States would be required to restrictions for those found guilty of minor violations notify the former president, as well as the incumbent, of the law. of intentions to make records public. Anything that Just a few days ago, The Toronto Star reported that either the former or current president claims should be Prime Minister Stephen Harper, whose party has been kept private won't be released," the organization discussing repeal of the law for a couple of years, took explained. a step not only to repeal the law but acted to kill any The bill, HR-3071, the Presidential Records Act attempt by a provincial or future federal government Amendments of 2011, has 16 cosponsors and was to recreate the doomed long-gun registry. introduced on Sept. 29 and was referred to a House In a surprise move aimed at putting a bullet in the subcommittee in October. The New GUN WEEK, registry for good, the newspaper reported that the November 15, 2011 Conservative government bill tabled in October orders the commissioner of firearms to destroy "as soon as feasible" records related to 7 1 million long-guns collected over the past 15 years. If passed, Bill C -19, the repeal measure, would, as promised, end the legal requirement for owners of Californians run risk of reliving Canadian rifles and shotguns to register their firearms under a gunowner nightmares federal gun control law that was inspired by the 1989 by Joseph P. Tartaro, Executive Editor Ecole Polytechnique massacre in Montreal, Quebec. It "Since the state already retains handgun purchaser does retain the requirement for long-gun owners to be information, I see no reason why the state should not screened and licensed. also retain information pertaining to the sales of long Page 17

Asked what motivated the destruction of data, Preliminary findings from a study done by Mauser Public Safety Minister Vic Thews, the lead minister, are pointing to similar conclusions about licensing. said the Conservatives want to thwart the ability of Jeff Davis, also in the National Post, reported on any other party, such as the NDP, to reestablish it in claims that the history of Canadian gun-control laws the future. amounts to "a slow, creeping process of criminalizing Registry opponents like the Canadian Taxpayers law-abiding members of the public." Federation cheered the Conservatives' new plan and Rather than cracking down on criminals, police urged it to go further to eliminate the licensing of have laid firearms charges most often against those long-gun owners, too. who have not really committed crimes at all, says The debate continues even as the Conservative Friedman, an Ottawa-based lawyer specializing in Party's majority moves closer to repeal. firearms law. Lorne Gunter in the National Post of Canada noted Since the gun registry law came into force in 1998, "Last week, several victims' rights groups banded Davis reported, lawful gun users say they have lived together to declare that the federal Tory government with intense surveillance, and sometimes harassment wasn't listening to them concerning the long-gun and prosecution by police. After years of complaining registry. That's what people always say when someone about being treated as presumptive criminals, they else hears what they're saying but continues to hope the legal noose that has been tightening around disagree with them—`you're not listening.' their necks will at last loosen. "I'm quite certain the Tories have listened to the "I feel like I have no rights," he quoted Lawrence victims' groups' arguments in favor of retaining the Manzer of New Brunswick as saying. Manzer was registry. But as the introduction of Bill C-19 charged criminally after taking an unloaded shotgun demonstrates, the government simply doesn't buy the to help a neighbor during a disturbance. "They should assertion that the registry is needed to cut crime. be punishing criminals with smuggled, illegal guns "There is no evidence whatsoever that in its 14 and leaving us alone." years of existence the registry has lowered Canada's Manzer's case is far from the only example of crime rate, so there is no reason to believe that prosecution, or persecution, of law-abiding retaining the federal database on long guns and their gunowners. owners will ever prevent the violent crimes victims' A major problem for Canadians, according to rights organizations highlight." Davis' report is the Firearms Registry database is now Gunter continued, "There is less gun crime in automatically included in the routine identity searches Canada than in 1998 when the registry opened its of many major police departments, something doors, but there was already less in 1998 than there Canadian Sports Shooting Association (CSSA) had been in 1988, and less in 1988 than there had been executive director Tony Bernardo knows all to well. in 1978. The peak year for violent crime per capita in "One day Mr. Bernardo was pulled over for a Canada was 1975. The rate has declined more or less routine traffic stop in Ontario, and upon checking his steadily since then." identification, the officer learned he was a registered Gunter then quotes Gary Mauser, an emeritus firearms owner. The officer asked if he had a gun in professor at the Institute for Canadian Urban Research the car, and wanted to check if it was safely stored. Studies at Simon Fraser University in Burnaby, Bernardo refused to participate," Davis reported. British Columbia, saying the same is true of licensing "I said: 'Excuse me, what did you pull me over for? in general. "The Taries aren't planning to get rid of the If I broke a traffic rule, give me a traffic ticket and let requirement that all gunowners obtain a federal me go,' Bernardo said. "Most gun owners would not firearms license, but they could. In his research over react as confidently." the past two decades, Mauser has found that while the Many gunowners less familiar with their rights murder rate went down 1% in the first decade after have consented to such searches. licensing became a requirement, it had gone down 9% In July 2010, the CSSA released the results of a in the decade before licensing," Gunter noted before non-scientific survey on the changing relationship concluding that, between police and gunowners. The survey was "Just as the Taries are getting rid of the registry, anonymous and responded to by 2,018 random legal they could also do away with licensing without firearms owners in Canada. jeopardizing public safety." Page 18

To the question "Do you believe police target In addition, other goods were smuggled, including firearms owners?" more than 87% responded "yes." slot machines and cigarettes, and some counterfeit Some 74% said they no longer trust the police since products, Reuters reported. the implementation of the Firearms Act. Furthermore, According to the District Attorney's office, they 64% of respondents said they were now more afraid "exploited their experience and credentials to assist in of the police than criminals. a variety of schemes involving the illegal interstate And more than 53% of respondents to the transportation," the news agency said. questionnaire said they personally knew someone who "Bloomberg's fiasco is steeped in irony," Gottlieb was "unjustly charged with a firearms offence." The observed, "because this New York gun trafficking New GUN WEEK, November 15, 2011 operation was happening right under the mayor's nose, and he didn't even know about it. He was paying too NYC cops busted for smuggling guns `under much attention to telling everyone else what was Bloomberg's nose' wrong with their gun laws, when he couldn't even By Dave Workman, Senior Editor keep his own cops from breaking the gun laws he Eight current and former New York City police thinks should be used as a model all over the country" officers have been charged in connection with a gun Gottlieb said the arrests and charges underscored smuggling ring, and the Citizens Committee for the for the entire country what is wrong with Bloomberg's Right to Keep and Bear Arms (CCRKBA) quickly relentless national campaign to "erode gun rights noted that this happened "While Michael Bloomberg through the demagoguery of public office." has been running around blaming gun laws in other Earlier this year, Bloomberg and the mayors' states for his city's crime problems." organization financed a rolling billboard campaign According to Reuters, five of the accused officers pushing for tougher gun legislation. In response, are still on active duty with the NYPD while two CCRKBA and its sister organization, the Second others are former cops and one is retired. Also Amendment Foundation, fielded a similar campaign, charged in the caper was a former officer with the noting that firearms are responsible for successful city's Department of Sanitation Police, a New Jersey self-defense actions more than 2,100 times a day. That corrections officer and two other men. sign showed up in cities all over the country during Bloomberg, whose multi-state gun shop "stings" the late winter and early spring of 2011. Bloomberg's with hired "private investigators" made big headlines campaign appears to have fizzled. a few years ago while causing a few headaches for the "It may be time for Bloomberg to stop looking Bureau of Alcohol, Tobacco, Firearms and everywhere else for gun trafficking activity and focus Explosives, had no immediate comment. his attention closer to home," Gottlieb said. "It's pretty But CCRKBA Chairman Alan Gottlieb suffered no hard to accuse citizens in other states of feeding New such loss of voice. York's illegal gun trade when some of Bloomberg's "If I were a member of Bloomberg's Mayors own cops appear to be up to their badges in it." The Against Illegal Guns," Gottlieb said, "I'd say it was New GUN WEEK, November 15, 2011 time for Bloomberg to mind his own business. While he was busily suing legitimate gun dealers all over the Portland, OR, gun turn-in draws collectors with country and going on television to brag about it, he cash should have been paying closer attention to what was A gun "buy-back" recently sponsored by Ceasefire happening in his own back yard. After all, it was his Oregon with support from the Portland Police Bureau city employees that have been charged in this illegal attracted two oddly-matched kinds of gunowners, gun-trafficking scheme." those with something of an elitist attitude and others The scheme reportedly involved at least 20 who wanted to thwart the effort by purchasing guns firearms, including three so-called assault rifles, a before the anti-gunners got hold of them. shotgun and 16 handguns. Most of these guns, According to the Portland Oregonian and Portland according to Reuters, had the serial numbers altered or Tribune, the Ceasefire group was offering $50 Fred obliterated. They were transported from New Jersey to Meyer gift certificates in exchange for any functional New York, making this a possible federal crime firearm that was turned in at a late October event. The because they crossed state lines. newspapers said the group collected 40 firearms at the event. However, that was down considerably from an Page 19

earlier effort several months ago that brought in 152 In an attempt to frighten the world's states into guns that were later destroyed. signing onto an Arms Trade Treaty (ATT), a report Also, according to The Tribune, several gun entitled The Global Burden of Armed Violence (or collectors showed up in the parking lot where the GBAV) was published in 2008. The antigun media event was staged, and offered cash ranging from $50 latched onto the figure the GBAV authors conjured to $200 for firearms, and they "managed to buy 10 to up-740,000 global deaths per year from "armed 15 guns." One man sold a Marlin carbine for $250 violence"—and ran with it. instead of turning it for the $50 gift certificate. The report was intended to exaggerate the deaths Perhaps more surprising to some in the gun rights associated with weapons, and create public hysteria. movement were comments from a couple of people The scam was easy to see—if only one would actually who showed up to turn in guns, and identified read the report. themselves as gunowners. GBAV gave the world a new factoid: 740,000 The Oregonian identified one man as Steve people die, each year, from "armed violence." Almost Forness, who turned in a .22-caliber pistol he had without exception, the media publicized this figure, gotten from his father. The newspaper said Forness is juxtaposed with photos of firearms. The inclusion of a hunter. the photos of firearms, rather than tanks and/or "I don't really believe in handguns," Forness told artillery, helped ensure that the blame for those the newspaper. "You don't kill a deer with a .22 740,000 deaths would be placed on civilian pistol." gunowners. Another man identified as Ken Pyburn handed in a Early on in the GBAV report, one can see a gross .22-caliber handgun and a .22-caliber rifle. distortion of the facts, simply through the inclusion of "I'm an old Army guy," he was quoted as a category called "Indirect Conflict Deaths." It is the explaining, "a military policeman. Believe me, I know title of Chapter 2. The number of indirect conflict what it takes in a self-defense situation." deaths claimed by GBAV was 200,000. Its authors The Oregonian also reported that Pyburn "has no admit that none of these deaths meet the definition of use for the powerful National Rifle Association and its armed violence, stating "These indirect victims of war antigun control agenda." do not die violently" (emphasis ours). Yes, 200,000 "I'm not anti-gun," he said, "but I am anti-NRA. fake numbers were added into the total of 740,000 There's no practical way to keep guns off the street violent deaths-27 percent!—and uncritically accepted without a national registration system." as gospel by the media and anti-gun groups. However, gunowner Ted Danton crossed the We're not making this up: we lack both the Columbia River from his home in Vancouver, WA, imagination and dishonesty to create such an and told The Oregonian that it was foolish to destroy outrageous lie. the guns. We believe that the GBAV authors knew they were "They should turn around and sell them to licensed lying, and that they didn't expect anyone to read or gunowners," he suggested. "It would be good for criticize their report. collectors. It would be good for taxpayers." A prime example of indirect conflict deaths One of the guns that was saved from the smelter occurred in Sri Lanka, formerly Ceylon. In 2009, the was a vintage 1917 Colt revolver, that an unidentified Tamil Tigers were soundly defeated by the army of gun collector purchased for $200. The New GUN Sri Lanka, after a 30-year-long rebellion. WEEK, November 15, 2011 The government of Sri Lanka then trapped non- combatant civilians in "containment camps," and Study spawns 740,000 new lies to push UN Arms denied them life-sustaining necessities. The British Trade Treaty media reported that thousands were dying from lack by Paul Gallant, Alan Chwick, & Joanne D. Eisen of food, water and medicine, but the government of It is often difficult to identify how the firearm- Sri Lanka denied mistreating the civilians. The UN prohibitionists lie, because sometimes the lies are finally admitted knowledge of these 40,000 non- subtle, and are often camouflaged to appear to benefit violent deaths. the public welfare. Chapter 4 of GBAV describes 490,000 deaths from But sometimes, their lies are easily spotted. "non-conflict armed violence"—that is, intentional homicide. When we repeatedly asked GBAV and UN Page 20

personnel for the data they used so we could check the minimize the benefits to society of civilian-held arms. math, they refused our requests. This non-scientific The New GUN WEEK, November 15, 2011 and evasive behavior raised a lot of red flags. But you don't need sophisticated data analysis to 21 MP5s, 12 handguns stolen from LAPD recognize the use of smoke and-mirrors. training facility The GBAV authors barely mentioned the A cache of Los Angeles Police Department significant number of violent deaths perpetrated by (LAPD) submachine guns and handguns was stolen in government against civilians. For example, in Kenya, October from a secured building used by the it has been reported that up to 90% of homicides are department's SWAT unit, raising fears that the committed by Kenyan police. weapons, which police had altered to fire only blanks, The GBAV authors also glossed over the vast could be converted back to lethal use, police officials number of murders due to a nearly global drug war, confirmed. yet included them as part of the 740,000 total. While The Los Angeles Times reported that the firearms, technically accurate, this category of violence will which include 21 MP-5 submachineguns and 12 large never be controlled by the Arms Trade Treaty, and caliber handguns, were moved the previous night to a should be treated separately as a public policy issue. multistory building downtown and stored in a locked Its inclusion here is used only to intensify fear of box on the building's first floor, said LAPD Deputy civilian owners of firearms. Chief Michael Downing. We know that the stronger the "war on drugs," the Members of the SWAT unit were scheduled to greater the violence. Antigun criminologist Alfred train at the facility the next day, Downing said. A Blumstein scientifically described "excess murders" as police officer arriving at the building around 9 a.m. the increase in the number of homicides resulting discovered the guns were missing, according to from the increasingly vigorous enforcement of drug Downing. The officer also found electrical equipment laws. stacked near a back door, indicating the burglars may Examples abound. In Mexico, when President still have been working and fled when the officer Felipe Calderon took office in 2006, he "made arrived. combating the drug cartels a top priority." CNN.Com Downing said the building, although not a guarded reported that "An unprecedented wave of violence has LAPD facility, was considered secure. To get to the washed over Mexico since Calderon declared war on weapons, the thieves cut through bolt locks on an drug cartels shortly after coming into office in outside door and two internal doors and forced their December 2006." way through a metal roll gate, he said. In Colombia, in Medellin alone, there were 2,899 "I guess 'secure' is all relative now," he said. "It's murders in the year 2009, "directly attributable to" the embarrassing It's a lesson learned." drug war, according to law enforcement authorities. The theft was particularly awkward because it The war on drugs stimulates the growth and involved the SWAT unit, one of the most prestigious violence of the black market on drugs. The danger assignments in the department and one whose exists that the effective implementation of the Arms members are trained to methodically think through the Trade Treaty could act similarly as a "war on possible outcomes of situations before acting. weapons," strengthening the black market in weapons, The building once housed textile companies and and increasing global violence. was donated to the department, which put up walls Although the reduction of violence is the promise and made other changes in order to create realistic of the ATT's proponents, they should know that it is a scenarios for training exercises. They did not install false promise. Their true goal is weapons reduction, an alarm system or surveillance cameras. regardless of the cost. They lie in order to achieve It was no secret that the facility was used by this, and we should consider those lies as an attack. SWAT for training. The officers could be seen Whatever protections our Second Amendment coming and going and sometimes put on public might provide us, we still need to know our enemies. demonstrations there. That raised the possibility that It may be difficult to identify their lies, so a good the thieves had been surveilling the site. rule of thumb to keep in mind is that the weapons- Asked by the newspaper whether there was any prohibitionists always exaggerate the costs, and indication that the burglary was an inside job involving LAPD officers, Downing declined to Page 21

comment, except to say, "We're not ruling anything Reiss told Collyer that the number of US firearms out." in Mexico is far greater than those reportedly involved About a month ago, a woman was seen with Fast and Furious. photographing the building, which triggered an Stephen Halbrook, an attorney for Arizona-based investigation by the officers from the department's gun dealers J & G Sales and Foothills Firearms, said counter-terrorism division, according to Downing. previously the stores only had to turn over the data That incident appears unrelated to the break-in, but they collect on buyers—including birth dates, investigators are continuing to investigate, he said. addresses, race and gender—in the course of a The New GUN WEEK, November 15, 2011 criminal investigation. He said the new requirement creates a federal database of gun buyers in violation of Federal judge hears arguments in long-gun their privacy. reporting lawsuit "We don't deny the fact there is a serious problem Gun store owners in southwestern border states (of guns getting into Mexico) and it needs to be dealt argued in federal court on Oct. 25 that the Obama with," Halbrook said, but he said the problem should administration cannot require them to report when be fought using more traditional law enforcement customers buy certain multiple magazine-fed rifles, methods instead of "just a fishing expedition" to the Associated Press and station KHOU in Houston collect the personal data of buyers without probable reported. cause. The Justice Department responded to a lawsuit Collyer asked whether ATF would have the seeking to block the twomonth-old requirement by authority to require the stores to report when someone asking a judge to uphold its legality, arguing the buys 30 AK-47 assault rifles, and he said even then measure could help stop the flow of guns to Mexican the requirement would exceed the agency's authority drug cartels. The regualtion requires over 8,000 from Congress and the Constitution. But he said gun federal firearms licensees (FFLs) in California, sellers would typically report such a sale as Arizona, New Mexico and Texas to give the Bureau suspicious. of Alcohol, Tobacco, Firearms and Explosives (ATF) James Vogts, attorney for the National Shooting information about purchasers who buy two or more Sports Foundation that also is suing the ATF, said the semi-automatic rifles greater than .22 caliber within requirement applies to 8,500 dealers in the four states five days. who have not been connected to guns recovered in Justice Department attorney Daniel Reiss said Mexico. "I think the decision was hastily made, having a database of multiple purchasers gives ATF perhaps for political reasons," he said, according to agents the power to trace gun sales within minutes, the news reports from the court proceedings. The New rather than a multi-day effort to trace the weapons GUN WEEK, November 15, 2011 back through the manufacturer, to the seller and eventually the buyer. He said two investigations have New Gun Week News Alerts (above): already been opened in the short time that the new reporting has been required. ************************************************* ** "Without these reports it's very difficult to identify these straw purchasers" who are buying the guns to SAF --NEWS RELEASES pass on to the drug cartels, he said. US District Judge Rosemary Collyer questioned SAF WINS PRELIMINARY INJUNCTION V. OMAHA whether monitoring lawful gun sales is an appropriate BAN ON ALIEN HANDGUN REGISTRATION way to stop the flow of guns to Mexican gangs. [11/22/2011] BELLEVUE, WA - A federal judge has The regulation was imposed amid controversy over granted a preliminary injunction against enforcement by the City ATF's Operation Fast and Furious which tried to track of Omaha, NE of an ordinance that prohibits legal non-citizens guns suspected of being bought by straw purchasers from registering handguns in the city, in a case brought by the back to gun-smuggling ringleaders, who have long Second Amendment Foundation, the Nebraska Firearms Owners eluded law enforcement. But ATF agents lost track of Association and Armando Pliego Gonzalez. The order was granted by U.S. District Judge Joseph 1,400 of the more than 2,000 guns identified by Fast Bataillon while the court considers whether the registration ban and Furious as possibly straw purchases. for legal immigrants is unconstitutional under the Second Amendment. Page 22

"We're delighted with the judge's order," said SAF Executive We're delighted to step in, with the CalGuns Foundation, on his Vice President Alan Gottlieb. "Mr. Pliego has been a legal behalf. permanent resident since 2008, and he jumped through all of the "This nonsense has to stop," Gottlieb stated, "and the only legal hoops to legally purchase a handgun to protect his family way to insure that is to show California's assault weapon statutes after his home was invaded and robbed in 2010." and regulations are unconstitutionally vague and ambiguous. As it turns out, he noted, the city is currently reviewing its Brendan Richards is not the only citizen faced with this kind of ordinance with an eye on amending it to allow legal immigrants harassment under color of law." to register handguns. According to the Omaha World Herald, the proposed changes have the support of Omaha Police Chief Alex ***The Second Amendment Foundation (www.saf.org) is the nation's Hayes, who was named as a defendant in the lawsuit, along with oldest and largest tax-exempt education, research, publishing and legal Mayor Jim Suttle and the city. action group focusing on the Constitutional right and heritage to "We are encouraged at these developments," Gottlieb stated. privately own and possess firearms. Founded in 1974, The Foundation "We had a similar experience with a state law in Washington that has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the was changed following a SAF legal action. We will oppose such consequences of gun control. SAF has previously funded successful discriminatory laws and regulations wherever we find them. firearms-related suits against the cities of Los Angeles; New Haven, CT; "Pliego Gonzalez and his wife are both legal permanent and San Francisco on behalf of American gun owners, a lawsuit against residents, and good members of the community," he noted. "The the cities suing gun makers and an amicus brief and fund for the couple has four children. It is simply wrong when a local Emerson case holding the Second Amendment as an individual right. regulation stands in the way of someone's exercise of a constitutionally-protected, fundamental civil right, especially SAF --NEWS RELEASES (above): when the safety of his family is at stake." Plaintiffs are represented by attorneys Bernie Glaser of ************************************************* Lincoln, and David Sigale of Glen Ellyn, IL. **

SAF FILES CONSTITUTIONAL CHALLENGE OF CCRKBA --NEWS RELEASES CALIFORNIA ASSAULT WEAPONS' LAW 12/9/2011 CCRKBA HAILS 11 CO-SPONSORS OF BILL [11/21/2011] BELLEVUE, WA - The Second Amendment TO HALT U.N. FUNDING Foundation has filed a federal lawsuit challenging the constitutionality of California's ban on so-called "assault BELLEVUE, WA – The Citizens Committee for the Right to weapons," claiming that the statute is "vague and ambiguous" in Keep and Bear Arms today offered thanks and congratulations to its definition of assault weapons, leading to the arrest of a 11 members of Congress who have signed on as co-sponsors to California man on two different occasions. legislation that would withhold funding from the United Nations SAF is joined in the lawsuit, which was filed in U.S. District and prevent the United States from adopting any treaty that Court for the Northern District of California, by the CalGuns threatens national sovereignty or abridges the Second Foundation and Brendan John Richards, an honorably-discharged Amendment firearms rights of American citizens. Marine and Iraq war veteran, who was arrested and jailed in May “The Second Amendment secures and protects our individual 2010 and August 2011. On both occasions, charges against right to keep and bear arms,” noted CCRKBA Chairman Alan Richards were dismissed when it was determined that he had not Gottlieb. “Illinois Congressman Joe Walsh submitted his bill on violated the law because firearms in his possession on both Wednesday, and now he’s been joined by 11 of his colleagues occasions were not "assault weapons" as defined by California who deserve recognition.” law. They are represented by attorneys Donald Kilmer of San Co-sponsors to HR 3594 are Texas Congressmen Joe Jose and Jason A. Davis of Mission Viejo. Barton, K. Michael Conaway and Kenny Marchant; Georgia Named as defendants in the lawsuit are California Attorney Reps. Lynn A. Westmoreland, Paul C. Broun and Phil Gingrey; General Kamala Harris, the California Department of Justice, the North Carolina Rep. Howard Coble, Florida’s Bill Posey, Sonoma County Sheriff's Office and Deputy Greg Myers. Iowan Steve King, South Carlina’s Jeff Duncan and Kansas "It's an insult to be arrested once for violating a law that is so Rep. Tim Huelskamp. All are Republicans. vague and ambiguous that law enforcement officers cannot tell “CCRKBA staff has been directly involved in Walsh’s the difference between what is and what is not a legal firearm effort,” Gottlieb noted, “because the long-running campaign to under this statute," said SAF Executive Vice President Alan M. adopt a global gun control scheme at the United Nations has Gottlieb, "but to be arrested and jailed twice for the same offense gathered momentum under the Obama administration. We do not is an outrage. Brendan Richards' dilemma is a textbook example think it is any coincidence that global gun prohibitionists have of why the California statute should be nullified. ramped up their effort during the same period that the U.S. "On both occasions," he continued, "Mr. Richards was jailed Supreme Court has issued two rulings affirming that the Second and had to post non-refundable bail fees. He lost work due to his Amendment affirms an individual right to keep and bear arms. incarcerations. In both cases, the same Senior Criminalist John “At a time when our constitutional freedoms are at stake,” Yount issued reports that the firearms in Richards' possession Gottlieb concluded, “the only way to prevent their erosion by were not assault weapons' under California law. Mr. Richards international treaty is to put in place the legislative mechanism to now has a reasonable fear that his exercise of his fundamental cut the U.N. off financially. We’re delighted that Walsh and Second Amendment rights will result in more wrongful arrests. nearly a dozen of his colleagues have the vision and intestinal fortitude to pursue that preventative measure. International gun Page 23

grabbers need to keep their hands off of our Constitution, and out “After the disastrous appointments of Elena Kagan and Sonia of our pockets.” Sotomayor to the Supreme Court,” Gottlieb said, “we could not stand silently while Obama put forth his most radical anti-gun 12/7/2011 CCRKBA APPLAUDS WALSH LEGISLATION nominee for a lifetime appointment to one of the most influential TO WITHHOLD UNITED NATIONS FUNDING federal courts in the nation. BELLEVUE, WA – The Citizens Committee for the Right to “Tuesday’s vote,” he continued, “is proof that gun owners are Keep and Bear Arms today applauded Illinois Congressman Joe wise to Obama’s anti-gun strategy. He may not be able to pass Walsh’s introduction of legislation to withhold funding from the legislation, but his legacy could be a federal court system stacked United Nations and assuring that the United States does not adopt with gun-grabbing judges who will do whatever it takes to erase any treaty posing a threat to national sovereignty or that abridges the landmark Second Amendment victories before the Supreme the firearms rights of American citizens as guaranteed by the Court in the Heller and McDonald cases. Second Amendment. “We are delighted and proud that our members and Rep. Walsh’s bill, developed with the cooperation and supporters told the Senate that this is where it ends,” Gottlieb assistance of CCRKBA staff, would block U.N. funding unless said. “We are not going to allow President Obama the chance to the President certifies that the world body “has not taken any saddle our country and our Constitution with people like action to restrict, attempt to restrict, or otherwise adversely Halligan, who are clearly hostile to the Second Amendment. infringe upon the rights of individuals…to keep and bear arms, “There is no place in the federal judiciary for anyone who so or abridge any of the other constitutionally protected rights” of vigorously opposes one of our most cherished civil rights,” he U.S. citizens. concluded. “We’re gratified that a majority in the Senate “The United Nations’ effort to adopt a global gun control understands this.” initiative needs to be reined in,” said CCRKBA Chairman Alan M. Gottlieb. “For too many years, bureaucrats in the United 12/2/2011 MANY FACTORS EXPLAIN ‘BLACK FRIDAY’ Nations have become far too cozy with international gun GUN BUYING SURGE, SAYS CCRKBA prohibition organizations, and Congressman Walsh’s legislation seems the best way to get their attention. We’ve been delighted BELLEVUE, WA – While some people are struggling to and honored to be part of this effort. explain a guy buying surge reported on “Black Friday,” the day “It is an insult to United States sovereignty,” he added, “that after Thanksgiving, the Citizens Committee for the Right to Keep the U.N. would be entertaining such measures while enjoying and Bear Arms suggests there are several plausible explanations, this country’s hospitality at its headquarters in New York City. It all reflecting the times in which we live. is the greatest irony, and perhaps the pinnacle of hypocrisy, for “Despite claims to the contrary,” observed CCRKBA the United Nations to be discussing any treaty that might threaten Chairman Alan Gottlieb, “for many American citizens, the our Second Amendment, because it has been the United States, economy remains unstable, and the outlook for tomorrow is very with its citizen soldiers and our constitutional right to keep and uncertain. We've seen public safety budgets hacked to shreds by bear arms that has come to the world’s rescue not once, but twice state and local governments that have spent themselves into near in global conflicts. bankruptcy. Our streets, parks and state capitol buildings have “When diplomacy fails, it is time to close our checkbook,” been occupied by anarchists. Europe appears on the verge of Gottlieb said. “The Bush administration opposed such a treaty, financial collapse. Congress is unable to resolve our budget but the Obama administration is moving forward with crisis. discussions on an international Arms Trade Treaty. It is up to “And on top of that,” he added, “we've got a spectator Congress to put the brakes on such efforts and protect our president who always seems to be waiting for someone else to national sovereignty, which has been protected and defended for take action, perhaps because he wants someone else to blame for more than two centuries because our citizens have the right, and another plan that doesn't work. Why is it any surprise that the resources, to defend it.” American citizens, including many for the first time, are buying firearms and ammunition?” 12/7/2011 SENATE LISTENS TO CCRKBA, VOTES ‘NO’ USA Today reported that the FBI’s National Instant Check ON OBAMA COURT NOMINEE center logged more than 129,000 background check requests last Friday, a new record surpassing the 97,848 checks conducted on BELLEVUE, WA – Grassroots power has helped derail Black Friday in 2008. The National Shooting Sports Foundation President Obama’s nomination of anti-gun extremist Caitlin credits much of the buying to the realization by increasing Halligan to the District of Columbia Circuit Court, with keystone numbers of citizens that they have a constitutional right to own opposition from members and supporters of the Citizens guns. Also, more women are getting involved in shooting sports, Committee for the Right to Keep and Bear Arms. including hunting, and more are carrying firearms for personal “We sent out more than one million e-mail alerts to gun protection. owners across the country, warning them of Halligan’s anti-gun “Americans hope for the best,” Gottlieb said, “but they philosophy,” said CCRKBA Chairman Alan Gottlieb, “and it is prepare for the worst. Some call that ‘panic’ but in reality, it is clear from today’s 54-45 Senate vote against cloture, thus prudence. While there are some small signs of improvement, rejecting Halligan’s nomination, that their voices were heard there remains a vast landscape of uncertainty. Sensible people loud and clear.” have evidently concluded that it is better to have a gun and not The CCRKBA mailing identified Halligan as a “liberal need it, than to need a gun and not have it.” agitator and a fervent gun hater” who “pushed to bankrupt gun manufacturers in New York with frivolous lawsuits.” Page 24

11/16/2011 CCRKBA LAUDS HOUSE PASSAGE OF 12/7/2011-Fast and Furious Probe Widening! NAT’L CONCEALED CARRY MEASURE The congressional investigation into the

BELLEVUE, WA – The Citizens Committee for the Right to gunrunning scandal known as Fast and Furious is in Keep and Bear Arms lauded today’s 272-154 majority vote by full swing this week, with the House Judiciary the House of Representatives on passage of H.R. 822, the Committee to hold a round of hearings on Thursday. National Concealed Carry Reciprocity Act of 2011. More and more reporters in the mainstream media “We’re delighted at the outcome of this important legislation are now taking a closer look at the scandal, which in the House,” said CCRKBA Chairman Alan Gottlieb, “especially since the floor debate brought out all of the tired old GOA first began alerting members to in January. cliché arguments. Congressional anti-gunners pulled out all the Under the program, thousands of guns purchased with stops, but their rhetoric could not derail this common sense federal tax dollars were allowed to “walk” into measure. Mexico, at which point they disappeared into the “As so many of the bill’s proponents wisely pointed out hands of violent drug cartels. during the debate,” he continued, “citizens do not leave their self- defense rights at a state border. Those who would argue Just this week, the New York Times reported that otherwise evidently have no interest in public safety. the Drug Enforcement Agency (DEA) is involved in “What was remarkable,” Gottlieb observed, “is how many an enormous, multi-million dollar money laundering self-defense opponents suddenly discovered the cause of states’ scheme aimed, like Fast and Furious, at Mexican drug rights as an excuse to oppose this legislation. This measure is not cartels. about state’s rights, it’s about individual rights.” The vote found seven Republicans voting against the measure But neither program has resulted in significant and 43 Democrats supporting it. arrests (not to mention convictions) of drug kingpins, “How the bill fares when it reaches the Senate remains to be and no cartels have been brought down after several seen,” Gottlieb noted, “but this recorded House vote will give the years of activities by agencies spread across the nation’s firearms owners a chance to see how their Congressional federal bureaucracy. representative feels about their rights under the Second Amendment, and about the safety of their families when they One former DEA official expressed frustration to travel across state lines. the Times, noting that, “My rule was that if we are “House members can give all the lip service they want to the going to launder money, we better show results. Second Amendment,” he concluded, “but it is votes like this that Otherwise, the D.E.A. could wind up being the largest separate the superficial from the sincere.” money launderer in the business, and that money results in violence and deaths.” **With more than 650,000 members and supporters nationwide, the Citizens Committee for the Right to Keep This news infuriated Rep. Darrell Issa, the and Bear Arms is one of the nation’s premier gun rights powerful chairman of the House Government Reform organizations. As a non-profit organization, the Citizens and Oversight Committee, who announced that his Committee is dedicated to preserving firearms freedoms investigation will be expanding to include the through active lobbying of elected officials and facilitating activities of the DEA “money-running” scandal. grass-roots organization of gun rights activists in local In a blistering letter to Attorney General Eric communities throughout the United States. The Citizens Holder, Rep. Issa takes Holder to task for arming drug Committee can be reached by phone at (425) 454-4911, on cartels with thousands of firearms, and bankrolling the Internet at www.ccrkba.org or by email to their operations with millions of American taxpayer [email protected]. dollars—perhaps, even hundreds of millions of http://www.ccrkba.org/ dollars.

CCRKBA --NEWS RELEASES (above): Issa wrote to Holder that the DEA revelation “again calls your leadership into question. The ======managerial structure you have implemented lacks Gun Owners of America NEWS appropriate operational safeguards to prevent the RELEASES: implementation of such dangerous schemes. The Gun Owners of America E-Mail Alerts consequences have been disastrous.” 8001 Forbes Place, Suite 102, Springfield, VA 22151 With every news report, more and more Phone: 703-321-8585 / FAX: 703-321-8408 information leaks out from a Justice Department that http://www.gunowners.org/ordergoamem.htm seems intent on stonewalling and misleading the Congress. GOA is keeping the pressure on **Alerts** congressmen to call for Holder’s resignation and to

Page 25

pursue possible criminal wrongdoing by government bureaucrats. 12/5/2011-Anti-gun Judicial Nominee is Back! GOA leaders will be attending Thursday’s hearing Harry Reid Attempting to Ram Through Another and will be briefing the media on this burgeoning Judge scandal. With the help of tons of emails from Gun Owners It is also important to continue to remind the of America members that poured into the Senate politicians that, according to the testimony of many earlier this year, a gun-hating Obama judicial nominee current and former ATF officials, one of the goals of had been kept from coming to the floor for a vote. Fast and Furious was to bolster the case for more gun But thanks to good old Harry Reid, who likes to control laws here at home. pretend he supports gun rights, that nominee is As you can see, December in Washington is coming up for a vote on Tuesday. turning into a lobbying blitz. Please help GOA keep Using his power as Majority Leader, Senator Reid up the pressure in defense of the Second Amendment, made a procedural move last week to force a vote on by clicking here. Caitlin Halligan, formerly the solicitor general of New York and an avid leader in the effort to destroy 12/6/2011-Anti-gun Judicial Nominee Defeated! firearms manufacturers using frivolous litigation. The response of Gun Owners of America members Click here to send your Senators a pre-written to Monday’s alert was overwhelming and played an message. important role in defeating the confirmation of Caitlin Reid scheduled the on Halligan vote for this Halligan, a judicial nominee with a history of anti-gun Tuesday, December 6. Consider it an early Christmas activism. present for his anti-gun pals. Senate Majority Leader Harry Reid tried to ram Gun Owners of America began in February through Halligan’s confirmation on Tuesday briefing Senate members on the dangers of confirming afternoon. In a procedural maneuver known as a Halligan to a seat on the D.C. Court of Appeals -- “cloture vote,” Reid needed 60 votes to move the sometimes called the second highest court in the land. nomination forward for a final vote, but was defeated As New York’s solicitor general, Halligan was one 54-45. of the chief lawyers responsible for New York’s Halligan, a former solicitor general in New York, baseless and politically motivated efforts to bankrupt was a leading advocate for bankrupting the firearms gun manufacturers using frivolous litigation. In so industry through the use of frivolous lawsuits. doing, Halligan proved that she places liberal political Her confirmation to the D.C. Court of Appeals, activism above fealty to the law. commonly referred to as the second most important Halligan’s public hatred for firearms was only court in the country, would have been particularly matched by her zealotry inside the courtroom. In a troubling because that court is often viewed as a speech on May 5, 2003, Halligan called for “handgun steppingstone to the U.S. Supreme Court. If a seat manufacturers [to be held] liable for criminal acts were to open up on the High Court next year, committed with handguns.” President Obama would have been able to call on the Certainly, no other manufacturer of another item -- Senate to simply approve Halligan once more. whether it be cars, baseball bats, or anything else -- Gun Owners of America briefed Senate offices would be held liable for the criminal misuse of its right up to the time of the vote of the danger of product. And, as Halligan well knows, the application confirming Halligan. of that principle to firearms would surely eliminate the All Republicans voted against Halligan except for manufacture of firearms in America. Lisa Murkowski of Alaska, who voted in favor of the After attempts of legal extortion of the firearms nominee, and Orrin Hatch of Utah, who voted Present. industry were repudiated by a bipartisan vote in Every Democrat voted in lock-step with Obama and Congress, Halligan’s office did not let up on attacking Reid. gun rights, signing a brief calling for New York courts Even as the holidays approach, the lobbying in to declare the federal Gun Makers’ Protection Act Washington is non-stop. If you would like to help unconstitutional. GOA keep up the pressure in defense of the Second Finally, Halligan, in written testimony submitted to Amendment, please consider a contribution by the Senate in connection with her nomination, clicking here. Page 26

attempted to conceal the extent of her anti-gun prepared to work hard for a strong international animus. standard in this area,” she said. Halligan’s failure to provide information that Since treaties must be ratified by the Senate, GOA would clarify her statements, thus keeping her is working continually to buck up weak-kneed testimony from being misleading, constitutes “fraud” Senators who might be pressured to ratify the treaty. against the Senate. As such, the only role she should But the House, which controls the nations’ purse play in the D.C. Circuit Court of Appeals is the role of strings, can also play a role in killing the ATT (or any a defendant. other anti-gun treaty, for that matter). But, of course, none of this matter to Harry Reid. Rep. Joe Walsh’s legislation will cut U.S. funding He already did his part getting two strident anti-gun to the UN if the international body imposes any Obama judges onto the Supreme Court, and now he’s restrictions on Americans’ gun rights. doing what he can to pack the Appeals Courts with This is a huge deal, because without the radical leftists as well. contributions of the United States, the UN would be We have to stop this Reid/Obama court-packing crippled financially. According to government reports, scheme. Please act now, as the vote is scheduled for U.S. taxpayers foot the bill for 22 percent of the UN’s this Tuesday. Click here to send your Senators a regular budget and 27 percent of its “peacekeeping” prewritten email message. budget. American gun owners, in other words, are funding 12/2/2011-Rep. Walsh to UN: No Gun Control the organization that wants to do away with the Treaties Second Amendment! Representative Joe Walsh (R-IL) has drafted a bill Rep. Walsh is putting the UN on notice: back off that would block U.S. funding to the United Nations if our gun rights. it seeks to implement gun control measures affecting Entitled the “The Second Amendment Protection U.S. citizens. Act of 2011,” Rep. Walsh is now seeking original Despite victories by gun owners in elections and cosponsors to join him in the House. He plans to legislative battles throughout the country in recent introduce the bill within the next week. years, on the international front gun control is moving Rep. Walsh highlights for his House colleagues the quickly. necessity of his proposal, noting that: Most significantly, in 2012 the UN plans to release * It is the constitutional power of Congress to a final draft of the Arms Trade Treaty—a treaty that determine United States foreign policy through the will have severe consequences for American gun ratification of international treaties; owners. * U.S. Presidents, by signing on to treaties, have Meetings are held behind close doors, but from opened the door for international organizations to information gathered by GOA we believe that the unilaterally regulate the lives of citizens of the United ATT will, at the very least, require gun owner States; registration and microstamping of ammunition. * International and transnational organizations The ATT will define manufacturing so broadly that force their rules on people of the United States any gun owner who adds an accessory such as a scope through conventions, multilateral agreements, and or changes a stock on a firearm would be required to nonratified treaties, such as agreements that affect the obtain a manufacturing license. private ownership of firearms by law-abiding citizens; It would also likely include a ban on many semi- and automatic firearms (like the Clinton gun ban) and * United States sovereignty is risked by domestic demand the mandatory destruction of surplus ammo legal applicability of international treaties and and confiscated firearms. executive agreements that have not been voted on and President Obama, not surprisingly, welcomes the congressionally adopted through formal processes. treaty. He knows that he is unlikely to get such radical Let’s help Rep. Joe Walsh get as many cosponsors proposals through the Congress, so the UN provides as possible. In the process, we’ll find out how many him a backdoor way to enact gun control. Representatives are willing to stand up to the Secretary of State Hillary Clinton is also on board behemoth United Nations in defense of the Second and began pushing for the treaty as soon as she was Amendment. Please click here to send your confirmed in her position. “The United States is Representative a prewritten message. Page 27

Richard Mourdock will never vote to hand over 11/30/2011-Anti-gun Republicans Raising Funds in any authority to the UN. NYC This Senate election is particularly important in the Indiana's Dick Lugar to sip cocktails with event that Barack Obama manages to win another Michael Bloomberg term. If Obama is reelected, Dick Lugar means one Birds of a feather sure do flock together. more vote for anti-gun Supreme Court justices, the So it’s no surprise that the country’s most anti-gun small arms treaty and other anti-gun legislation. Republican mayor, Michael Bloomberg, invited the The choice for Senator could not be more clear. U.S. Senate’s most anti-gun Republican member up to Make no mistake, however, Dick Lugar will be his New York City residence for cocktails and a fund hard to beat. He’ll have almost unlimited money raiser next Monday. pouring in from the party establishment in Senator Dick Lugar of Indiana never met a gun Washington, and he’ll be calling in favors control bill he didn’t like, and his F-rating from GOA everywhere. is well-deserved. But Lugar can be defeated with the help of tens of Bloomberg, of course, founded the group Mayors thousands of gun owners and sportsmen from across Against Illegal Guns. Bloomberg, conveniently, the country. thinks virtually all guns should be illegal. So MAIG Richard Mourdock, currently the State Treasurer of is simply yet another gun prohibition organization. Indiana, is virtually tied with Lugar in the polls. This While Bloomberg and Lugar may get along fine, is our chance to defeat a politician who has been a his Republican primary opponent, Richard Moudock, thorn in the side of gun owners for more than three is reaching out to gun owners throughout the state. decades. The Indiana Republican primary for senate is one So please visit Richard Mourdock on the web at of the most important races in the country for gun http://www.richardmourdock.com and chip in a few owners, and we don’t have to wait around for bucks to help his campaign. Lugar is spending November to hand the anti-gunners a massive defeat. millions of dollars, so please do all you can to help the The May 8th primary features two candidates who Mourdock campaign go toe-to-toe with Lugar. are diametrically opposed on the Second Amendment: We don’t have to wait until next November to start Dick Lugar does not agree that the Second beating the anti-gunners. Please help to get things Amendment protects an individual right. rolling in Indiana today! Richard Mourdock believes the message of the Sincerely, Second Amendment is clear: “shall not be infringed” Tim Macy, Vice Chairman is a restriction on federal power to regulate gun P.S. Dick Lugar has been voting against gun rights ownership. for more than 30 years. His opponent, Richard Dick Lugar doesn’t trust the people with firearms, Mourdock earned the support of GOA-PVF for his so he supports banning semi-automatic rifles that he strong stance for your gun rights. Please visit Richard erroneously calls “assault weapons.” online today to make a financial contribution. Richard Mourdock understands that gun bans don’t stop criminals, but only hamper the ability of law- 11/23/2011-Things to Celebrate This Thanksgiving! abiding citizens to defend themselves. “My fellow Americans, let us keep this Dick Lugar believes you should submit to a Thanksgiving Day sacred. Let us thank God for the waiting period before you purchase a handgun, hence bounty and goodness of our nation. And as a measure “enjoying” a little time to “cool off.” of our gratitude, let us rededicate ourselves to the Richard Mourdock believes that it’s the Congress preservation of this: the land of the free and the home that should “cool off” and stop passing bill after bill of the brave.” -- Ronald Reagan, Thanksgiving that ignores the Constitution. Address (1985) Perhaps worst of all, Dick Luger supports UN Calls increase for Holder’s ouster efforts to pass the small arms treaty, a treaty that The opposition continues to reverberate inside the could impact every gun owner in America. Dick Beltway, as more than 50 congressmen -- and one Lugar was the ONLY Republican Senator NOT to Presidential candidate -- are now demanding that come out in opposition to the treaty. Attorney General Eric Holder resign. Page 28

Gov. Rick Perry became the first presidential What’s both interesting and exciting in this case is candidate to call for Holder’s ouster. Pointing to the that, in overturning Smith’s conviction, the judges Fast & Furious debacle, Gov. Rick Perry said this used an argument that GOF had made -- an argument week that, “It is high time for Mr. Holder to step which his own lawyer did not even make. GOF is down. If he refuses to resign, Mr. Obama must fire making an impact upon the courts in defense of gun him immediately.” owners’ rights! Operation Fast & Furious is the gun-running There’s much more to be thankful for -- as the scheme where the Justice Department approved (and above is just the tip of the iceberg. Despite the many in some cases, helped fund) the purchase and battles we have ahead, we enjoy unparalleled freedom smuggling of firearms into Mexico -- all with the as compared to most places in the world. apparent intent of using the increased violence south So with that in mind, we at Gun Owners of of the border as a pretext for more gun control in this America hope that you will spend a safe and thankful country. holiday with your family and friends. In October, Rep. Joe Walsh (R-IL) became the first Happy Thanksgiving! congressmen to publicly call for Holder’s resignation. Two weeks after Walsh “broke the ice,” Arizona Gun Owners of America NEWS RELEASES (above): Representative Paul Gosar organized a press Gun Owners of America E-Mail Alert conference where more than three dozen congressmen 8001 Forbes Place, Suite 102, Springfield, VA announced they were joining the call for Holder’s 22151 ouster. Phone: 703-321-8585 / FAX: 703-321-8408 “From what we’ve seen – lying to Congress in http://gunowners.org his dictations and prior comments – the audacity of this egregious injustice on American citizens as well *************************************************** as Mexican citizens, he’s got to go,” Gosar said. NSSF Bullet Points (below): In addition to Operation Fast & Furious, the Justice **Bullet Points Department continues to engage in activities that (Read More Here) target or demonize gun owners. U.S. News & World Report informed their readers last week that the 10-03-2011 Obama Administration has just put millions of acres Microstamping Threat in Massachusetts of public lands off limits to hunting and target ANTI-GUN BILL TO BE HEARD IN practice. COMMITTEE . . . Once again politicians in It’s actions like these which demonstrate the clear Boston are more concerned about burdening animus that President Obama has for gun owners. law-abiding gun owners and retailers and Stay tuned for more updates as these stories continue forcing the closure of major Massachusetts to develop. Click here to help GOA spread the word manufacturers rather than focusing on to more and more gun owners. economic problems facing the state. State Sen. GOF wins in the VA Supreme Court Anthony Petruccelli's microstamping Earlier this month, Gun Owners Foundation won a legislation (S.835) will be heard in the Joint Supreme Court case in defense of a gun owner in the Judiciary Committee this Wednesday at 1 p.m. Old Dominion. Russell Ernest Smith had been in Room A-1. Microstamping is a patented, wrongfully convicted of “willfully and intentionally” sole-sourced concept that independent studies making a false statement on his 4473 form when have proven to be flawed and easily defeated purchasing a firearm. But GOF believed that the by criminals. Smith and Wesson, Kahr Arms government’s argument against Smith was specious. and Savage Arms and their nearly 2,000 jobs So Gun Owners Foundation prepared its amicus would be impacted by this legislation. The brief and submitted it on behalf of Mr. Smith. GOF companies would most likely have to abandon was the only group making the case that Smith's the state. The firearms industry in conviction should be overturned. After waiting several Massachusetts contributes more than $1.1 months for the verdict, the Virginia Supreme Court billion dollars in economic activity yearly. announced its verdict on November 4 … and Smith NSSF encourages everyone in Massachusetts emerged victorious. to contact members of the Joint Judiciary Page 29

Committee to express opposition to this now be appealed to the Fifth Circuit U.S. legislation. Court of Appeals, where NSSF will seek to Industry News file an amicus brief. ATK AMMO CONTRACTS . . . ATK U.S. SUPREME COURT STAYS OUT OF announced last week that it has been awarded GUN-RIGHTS DEBATE . . . The U.S. two U.S. military ammunition contracts. The Supreme Court has refused to consider first is an order valued at more than $58.7 whether an individual's Second Amendment million from the U.S. Army Contracting rights extend to carrying a firearm outside the Command, Direct Fire Munitions Branch, home. The justices let stand a ruling by Rock Island Contracting Center (RICC), Rock Maryland's highest court (Charles Williams v. Island, Ill., to produce multiple variants of Maryland, No. 10-1207) that upheld a state 20mm PGU-series ammunition. ATK has also law prohibiting the carrying of a handgun been awarded a $46.5 million firm-fixed-price, without a permit. Read more. indefinite-delivery/indefinite-quantity contract FINAL COMMITTEE HEARING ON PA. for AA40 5.56mm frangible ammunition by SUNDAY HUNTING SET FOR OCT. 27 . . the Naval Surface Warfare Center, Crane . The Pennsylvania House of Representatives Division in Crane, Ind. Game and Fisheries Committee will hold its Government Relations third and final public hearing on Thursday, VICTORY IN FIGHT TO PRESERVE Oct. 27, beginning at 9 a.m. in Room 140 of TRADITIONAL AMMUNITION . . . the Main Capitol Building in Harrisburg, Pa. Efforts to protect the rights of sportsmen and NSSF along with the Sunday Hunting gun owners to use the ammunition of their Coalition is urging all sportsmen to come out choice received a significant boost last week and show their support for the removal of this when a federal judge dismissed part of a antiquated blue law. Expanding Sunday Center for Biological Diversity (CBD) lawsuit. hunting could have a tremendous economic The CBD suit challenged the Environmental impact on Pennsylvania to the tune of more Protection Agency's (EPA) denial of a petition than $764 million annually. to ban traditional ammunition and lead fishing ANTI-GUN GROUP FILES MOTION TO tackle under the Toxic Substances Control Act DISMISS IN NSSF LAWSUIT . . . The of 1976 (TSCA). The court ruled it does not Brady Campaign to Prevent Gun Violence has have jurisdiction over EPA's refusal to regulate filed an amicus brief and the Department of traditional ammunition because the complaint Justice has filed a motion to dismiss in the was not filed within the statute of limitations case of NSSF v Jones (ATF). That lawsuit to challenge the EPA decision. The ruling does challenges the legal authority of ATF under not apply to the lead fishing gear portion of the the Gun Control Act to compel 8,500 federally petition. Full Story licensed firearms retailers in Arizona, RULING DENIES 18-YEAR-OLDS California, New Mexico and Texas to report SECOND AMENDMENT RIGHTS . . . Last the sale of two or more rifles. More week a federal judge in the Northern District information on the NSSF lawsuit. of Texas ruled that adults aged 18 to 20 do not Research have an individual constitutional right under SEPTEMBER NSSF-ADJUSTED NICS the Second Amendment to purchase, after a BACKGROUND CHECKS UP 14% . . . background check, a handgun or handgun The September 2011 NSSF-adjusted National ammunition from a federally licensed firearms Instant Criminal Background Check System retailer. This despite the fact that 18-year-olds (NICS) figure of 878,345 is an increase of 14 can exercise every other individual right percent over the NSSF-adjusted NICS figure guaranteed in the Constitution. Adults aged 18 of 770,310 in September 2010. For and over can speak and worship freely, vote, comparison, the unadjusted September 2011 marry and start a family, enter into contracts NICS figure of 1,244,604 is an increase of 9.2 and serve in the military where they are trusted percent over the unadjusted NICS figure of to use fully automatic firearms. This case will 1,139,980 in September 2010. This marks the Page 30

16th straight month over month increase in areas. More specifically, the legislation will NSSF-adjusted NICS figures. Full Story help facilitate the construction and expansion HANDBOOK AIMS TO GROW of public target ranges, including ranges on OUTDOOR-SKILLS EDUCATION IN federal land managed by the U.S. Forest SCHOOLS . . . The Association of Fish and Service and the Bureau of Land Management. Wildlife Agencies has released its "Outdoor A companion bill, H.R. 3065, was introduced Skills Education Handbook: A Guide for in the House last week and may soon be heard Developing and Implementing School-based in the Environment and Public Works Outdoor Skills Education." The handbook is Committee. NSSF supports this legislation and designed to help fish and wildlife agencies and encourages all sportsmen to contact their non-governmental organizations (NGOs) legislators and urge them to back this pro- interested in working with their state shooting measure. departments of education, school districts, BILL WOULD PROTECT GUN school administrators and teachers to include OWNERS' RIGHTS ON wildlife-related outdoor skills as part of the RECREATIONAL LAND . . . NSSF physical education curriculum. One of the applauds the introduction of S. 1588, "The successful case studies in the report was the Recreational Land Self-Defense Act." This result of an NSSF Hunting Heritage legislation, introduced by Sens. Jim Webb (D- Partnership grant that Oklahoma received in Va.) and John Boozman (R-Ark.), is the 2010. The project led to 100 school teachers Senate companion bill to H.R. 1865 and is becoming certified hunter education designed to protect the rights of gun owners to instructors, resulting in nearly 3,100 students legally possess firearms for self-defense on receiving hunter education from this new lands owned or managed by the Army Corps source. Learn more and read the report. of Engineers. The Corps owns or manages News of Note more than 11.7 million acres, including 400 PROJECT CHILDSAFE IN ACTION . . . lakes and river projects, 90,000 campsites and After a non-fatal shooting accident involving a 4,000 miles of trails. toddler, a North Carolina television station PENNSYLVANIA HUNTERS: CONTACT checked with law enforcement departments YOUR LAWMAKERS . . . Sportsmen in throughout its viewing area and found that the Pennsylvania who would like to see the state's agencies had Project ChildSafe firearm safety ban on Sunday hunting lifted need to make kits on hand to distribute to gun owners in their voices heard in the state House Game and their communities. Police said they would Fisheries Committee. Those opposed to distribute the kits, which contain a gun lock Sunday hunting are not staying quiet. They've and a brochure that discusses safe storage been out on the front lines, making calls and options, to gun owners free of charge, no lobbying legislators. If you live in the questions asked. See the WCNC story and Keystone State and care about protecting and video. Law enforcement departments preserving the future of our hunting traditions, interested in the NSSF-developed program can then it's important that you contact your state learn more at projectchildsafe.org. officials and urge them to support HB 1760, which would repeal the old blue law still on 09-26-2011 the books that bans Sunday hunting. Government Relations ATF BUYOUTS COULD SLOW LICENSE NSSF ENCOURAGES SUPPORT OF PROCESSING . . . The Bureau of Alcohol, PRO-SHOOTING LEGISLATION . . . This Tobacco, Firearms and Explosives has summer Sen. Mark Udall (D-Colo.) introduced announced that its impending staffing cuts will S. 1249, the Target Practice and likely slow down its processing of firearm and Marksmanship Training Support Act. This bi- explosive license applications. Any potential partisan legislation will give states greater slowdown in the license application process flexibility in using their Pittman-Robertson could disrupt the lawful commerce of firearms funds to establish safe recreational shooting -- a major concern for industry. NSSF is taking Page 31

this threat seriously and is in regular California Legislature Continues Attack on Second communication with ATF on this issue. Amendment ATF OPEN LETTER ON MEDICAL THREE ANTI-GUN BILLS AWAIT MARIJUANA . . . ATF has issued an open GOVERNOR'S SIGNATURE . . . Despite letter to all federal firearms licensees in much greater problems in the state, the response to inquiries regarding the use of California legislature passed three anti-gun marijuana for medical purposes and its laws in the final days of session that now await applicability to federal firearms laws. Read the Gov. Jerry Brown's signature. The bills on the letter. governor's desk are SB 427, which would implement a handgun ammunition registration 09-19-2011 law (AB 962) and add new provisions Government Relations impacting retailers; AB 809, which would ECONOMIC IMPACT OF require firearms retailers to report the same TRADITIONAL AMMUNITION BAN . . . sale records for long guns that they currently NSSF has released an economic impact study collect for handguns; and SB 819, which measuring the negative impact a ban on would allow the Department of Justice to use traditional ammunition would have on the Dealer Record of Sales (DROS) funds to help economy. Limiting the choice of ammunition pay for enforcement of California firearm to alternatives (non-lead) could increase costs, laws. The governor has until Oct. 8 to decide on average, up to 190 percent more than the on the fate of these bills. Please contact him equivalent traditional ammunition while over the next three weeks via phone calls and decreasing the ability for citizens to participate emails and urge him to veto SB 427, AB 809 in recreational activities. and SB 819. FBI RELEASES 2010 CRIME REPORT . . Industry News . As firearms and ammunition maintained SMITH & WESSON FIREARM SALES high-volume sales in 2010, the nation's crime UP 18 PERCENT . . . Smith & Wesson rates continued to fall, a new report from the Holding Corp. (NASDAQ:SWHC) reported FBI shows. During 2010, violent crime first-quarter firearm sales of $91.7 million, up declined for the fourth straight year, with an 18 percent compared to the same period last estimated 6 percent drop from 2009 figures. year. "Orders for our firearms remained strong The FBI statistics undermine a favorite in the quarter, evidenced by increased sales of argument of anti-gun groups and some our Smith & Wesson brand pistols and modern mainstream media that "more guns equal more sporting rifles," said CEO Michael Golden. crime," especially when you consider that the The company expects its firearm division to decrease in violent crime over the past four grow between 11 and 13 percent in fiscal years occurred at the same time that firearm 2012. sales were surging. ATK TO RELOCATE CORPORATE News of Note HEADQUARTERS TO VIRGINIA . . . NSSF RESPONDS ABOUT MODERN ATK (NYSE: ATK) announced that it will SPORTING RIFLE TERM . . . When a pro- relocate its corporate headquarters as of Oct. 1 gun blogger wrote that he did not care for the to Arlington, Va., where the company will term "modern sporting rifle," which NSSF has expand its existing office space. The company been promoting to describe AR-platform rifles said it will continue to maintain a strong for the last two years, well, he's entitled to his presence in Minnesota, including opinion. However, when he wrote "perhaps we approximately 210 Minnesota-based corporate should just embrace the term 'assault rifle,'" employees. In total, ATK employs then he becomes an accessory to those who approximately 2,700 people in Minnesota. want to ban these sporting firearms. Read the ATK currently employs approximately 3,500 NSSF Blog. people in the Mid-Atlantic region, where it operates facilities in Maryland, Virginia and 09-12-2011 West Virginia. Read ATK's press release. Page 32

Government Relations The National Park Service (NPS) is eyeing PENNSYLVANIA HUNTERS URGED TO important hunting lands for inclusion in a large new ATTEND THURSDAY'S SUNDAY West Virginia park unit. Apparently the agency is HUNTING HEARING . . . Sportsmen in looking at establishing this new unit – the High Pennsylvania who would like to see the state's Allegheny National Park -- in the Allegheny ban on Sunday hunting come to an end are Mountains of eastern West Virginia. Most of the land urged to attend a Sept. 15 public hearing at under review is presently part of the Monongahela 6:30 p.m. at the East Allen Township National Forest and Canaan Valley National Wildlife Municipal Building in Northampton, Pa. Also, Refuge – both of which have long hunting traditions. please continue to contact members of the I have hunted ruffed grouse, woodcock, and turkeys in House Game and Fisheries Committee and these areas for years, and just last year I wrote an urge them to support HB 1760, which would article in The Pointing Dog Journal about the rich permit hunting on Sunday. hunting history of this area. COURT TOSSES ENVIRONMENTAL USSA Field Director Receives National LAWSUIT AGAINST GUN CLUB . . . An Nomination environmental lawsuit brought against a Some hunters go hunting, and other hunters make it California shooting range by its former a mission to help others go hunting. One such hunter landlord was recently dismissed by a federal on a mission is Scott Campbell of Delaware. court for lack of ripeness. Read more. Campbell founded Hunters Helping Soldiers in 2009, ATF SEPTEMBER NEWSLETTER . . . In and this work has earned him recognition as an an effort to keep federal firearms licensees Outdoor Life 25: Leaders in Hunting, Fishing and (FFLs) updated on changing firearms laws and Conservation. Campbell is also a U.S. Sportsmen’s regulations, the Bureau of Alcohol, Tobacco, Alliance Field Director. Firearms and Explosives (ATF) provides PETA Attacks Kids Cartoon Character semiannual FFL newsletters. Read ATF's Recently PETA issued a holiday press release September 2011 newsletter. attacking the iconic Nintendo mascot Mario for NSSF MATCHES ATF REWARD IN wearing a Tanooki ( a raccoon like dog) suit. In his TULSA FIREARMS THEFT . . . NSSF latest adventure, the Nintendo’s Super Mario can announced a $5,000 reward for information forgo his standard iconic cop suit and increase his leading to the arrest and conviction of the powers by dressing to appear more like a raccoon. The person(s) responsible for a burglary and theft games are scheduled to be on store shelves in time to at Tulsa Firearms located at 5949 S. Garnett become Christmas presents for kids, and this has Road, Tulsa, Okla. This reward offer matches PETA growling. a $5,000 reward offer by ATF. Read more. (12/01/2011) NSSF Bullet Points (above): Giving the Gift of Outdoors With the holiday season upon us, many are ************************************************* wondering what gift to give a family member or ** possibly a friend. If that person on the list likes USSA News Alerts (below): hunting, fishing, trapping, or shooting, the answer is U.S. Sportsmen’s Alliance Foundation easy—give the gift of opportunity. 801 Kingsmill Parkway, Columbus, OH 43229 A Wild Snake Hunt and Maybe Much More Ph. 614/888-4868 • Fax 614/888-0326 From a group that’s well known for filing lawsuits Website: www.ussportsmen.org • E-mail: comes another stunt to grab attention—and possibly [email protected] cause other serious long-term problems. The Center U.S. Sportsmen's Alliance for Biological Diversity (CBD) is offering a $500 reward for anyone who documents the existence of the (12/08/2011) South Florida rainbow snake. Bullseye Blog: National Park Service Pushing Land Grab Don’t Follow PETAs Turkey Guidelines By Bill Horn, Director of Federal Affairs Page 33

(Columbus, Ohio) (11/23/2011) – In an effort to it’s easy to see hunter’s interest in these crafty pull on the heart strings of Americans and cast a bad animals. Whitetails are also stunning animals to light on America’s agriculture industry, PETA has observe. released its twisted details on turkeys and HSUS Sets its Battlefields Thanksgiving just in time for the holiday season. If you thought that the Humane Society of the Those PETA guidelines are illegal and ill-advised in United States (HSUS) was all about building shelters many areas. for homeless cats and dogs and then feeding and PETA points out that more than 45 million turkeys caring for them, think again. are killed each year for Thanksgiving, and more than 22 million are slaughtered for Christmas, so that they House Natural Resources Committee Passes can be the centerpiece of a holiday meal. Legislation Protecting Sportsmen’s Access (Congratulations go to America’s agriculture industry Columbus, Ohio (11/17/2011) – Today the House for keeping us fed!) Natural Resources Committee passed H.R. 2834, the But then PETA notes “these gentle, intelligent Recreational Fishing and Hunting Heritage and birds deserve to live out their lives in the wild…” Opportunities Act. This bill would protect fishing, Take note: Most states have strict laws against hunting and recreational shooting on federal lands. releasing captive birds—including turkeys—into the H.R. 2834 passed the Committee with strong wild. Those who make these illegal releases can be bipartisan support by a vote of 29-14. This vital piece ticketed and face fines and court action. Captive birds of legislation would require fishing, hunting and can spread diseases to wild flocks. In some states it is recreational shooting to be included in all federal land illegal to permit captive or domestic turkeys to range planning documents and would fix numerous freely. inconsistencies in federal law that are being exploited Shame on PETA for placing many years of by litigious environmental groups to reduce hunting conservation efforts and the restoration of America’s opportunities on federal land. This bill is strongly wild turkey populations in such peril. Details on the supported by the U.S. Sportsmen’s Alliance, Safari group’s turkey misinformation can be found at Club International, the National Rifle Association, and http://www.peta.org/features/Turkey-of-the-Year- millions of sportsmen across the country. Winner-Announced.aspx. “This legislation is vital given the Administration’s recent actions toward hunters and recreational sport (11/22/2011) shooters,” said Melissa Simpson, Director of Field Directors in Demand Government Affairs for Safari Club International. The U.S. Sportsmen’s Alliance Foundation “Sportsmen have repeatedly sought to collaborate (USSAF) promotes the outdoor sports through public with the federal agencies and have been greeted with education, legal defense and research. To accomplish proposed closures in areas such as the Sonoran Desert these goals, we need help in the field. This is why the National Monument, where the BLM intends to close USSA developed the Sentry Program building a the entire one-half million acre national monument to grassroots army from coast to coast—and why we are shooters. There are some 63 shooting sites within the also looking for volunteers in locales across the monument, closure of which will end access for country. sportsmen. Passage of H.R. 2834 is necessary to Online Event Raises Thousands of Dollars for protect against these anti-hunting policies.” USSA Foundation “Sportsmen are increasingly facing attacks aimed The U.S. Sportsmen’s Alliance (USSA) at stopping them from using public land,” said Bud Foundation would like to extend a special thank-you Pidgeon, President and CEO of the U.S. Sportsmen’s to everyone who participated in the recent Columbus Alliance. “This bill closes the loopholes that anti- Foundation’s 24-hour online matched giving event. hunters have used time and time again to try to deny It’s a Whitetail World access for hunting, fishing and shooting. Now is the White-tailed deer are the leading motivator species time to put a stop to it. We are extremely pleased and when it’s time to buy gear and go hunting as many appreciative that the House Natural Resources shooting sports industry research projects have Committee recognized the importance of this bill.” confirmed. Given that whitetails are found in most states, are plentiful, and present a hunting challenge, USSA News Alerts (above): Page 34

U.S. Sportsmen's Alliance The Obama Administration has abruptly sealed court records containing alarming details of how ======Mexican drug smugglers murdered a U.S. Border patrol agent with a gun connected to a failed federal ======experiment that allowed firearms to be smuggled into JEWS FOR THE PRESERVATION OF Mexico. FIREARMS OWNERSHIP This means information will now be kept from the America's Aggressive Civil Rights Organization public as well as the media. Could this be a cover-up on the part of the “most transparent” administration in JPFO ALERT history? After all, the rifle used to kill the federal agent (Brian Terry) last December in Arizona’s Peck Final Reminder for Bill of Rights Day Canyon was part of the now infamous Operation Fast (12/07/2011) Bill of Rights Day is December 15th. Each of you can make at least one other person aware of the day, and of how and Furious. Conducted by the Bureau of Alcohol, essential the Bill of Rights has been to American freedom. How Tobacco, Firearms and Explosives (ATF), the controversial can it be to give a neighbor a "Gran'pa Jack #3" disastrous scheme allowed guns to be smuggled into comic book about the Bill of Rights? Will you be labeled a kook Mexico so they could eventually be traced to drug ... or a "gun nut". Most likely not. cartels. Most people simply do not understand that the Second Amendment is the "Guardian" of the Bill of Rights. The way to Instead, federal law enforcement officers lost track reach these folk is to: of more than 1,000 guns which have been used in 1. Remind them of what our Bill of Rights actually says ... numerous crimes. In Terry’s case, five illegal and is meant to do. Visit the JPFO BoR index page, and find immigrants armed with at least two semi-automatic many related items. assault rifles were hunting for U.S. Border Patrol 2. Gently point out that we are rapidly loosing our foundational rights. agents near a desert watering hole just north of the 3. Calmly and somberly remind them that, G-d forbid, the Arizona-Mexico border when a firefight erupted and day may come when we have to physically stand up to a Terry got hit. tyrannical government in America. Hence the Second We know this only because Washington D.C.’s Amendment. conservative newspaper , the Washington Times, got So please support JPFO and support your own freedom now. Get your Bill of Rights Day kit and a Bill of Rights poster. Or ahold of the court documents before the government buy a hundred "Gran'pa Jack #3" comic books. suddenly made them off limits. The now-sealed Please do your part. Bill of Rights day is a day to remind federal grand jury indictment tells the frightening America of what America is supposed to be: "The shining city on story of how Terry was gunned down by Mexican the hill". drug smugglers patrolling the rugged desert with the

Freedom is not a spectator sport. intent to “intentionally and forcibly assault” Border Patrol agents. Use our latest handbills - http://jpfo.org/filegen-a-m/freebies.htm You can see why the administration wants to keep this includes our latest additions. this information from the public and the media, Remember to check out all JPFO's movies - considering the smugglers were essentially armed by http://jpfo.org/filegen-a-m/movies.htm Please support JPFO with donations, memberships and purchase the U.S. government. Truth is, no one will know the of our materials ( http://shop.jpfo.org/ ) - so we can continue to reason for the confiscation of public court records in provide you with these alerts and defend your rights. this case because the judge’s decision to seal it was JPFO Membership form - http://jpfo.org/pdf02/memb-form.pdf also sealed, according to the news story. That means JPFO On line secure membership sign up - the public or media won’t have access to any new or http://shop.jpfo.org/cart.php?m=product_list&c=4 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ old evidence, filings, rulings or arguments. ~~~~ A number of high-ranking Border Patrol officials PS - Visit our alert archive / sign up to receive email alerts - are questioning how the case is being handled. For http://jpfo.org/alerts.htm instance, they wonder why the defendant (Manuel ======Osorio-Arellanes) hasn’t been tried even though it’s ***News Links been almost a year since Terry’s murder. They also have concerns about the lack of transparency in the 11-12-01 U.S. Seals Court Records Of Border investigation, not to mention the recent sealing of the Patrol’s Murder court case. Page 35

Osorio-Arellanes is charged with second-degree The guns trafficked in Fast and Furious have been murder. The four other drug smugglers fled the scene linked to the deaths of more than 300 people in and their names were blacked out in the indictment. In Mexico, and at least one U.S. law enforcement officer. 2006 Osorio-Arellanes had been convicted in Phoenix Hill legislators have subpoenaed the White House for of felony aggravated assault and in 2010 he was twice more information on the gun-trafficking program, but detained for being in the U.S. illegally. White House officials are refusing to hand over During a Senate Judiciary Committee hearing this documents. month to address the flawed gun-tracking program, None of the legislators calling for his resignation Attorney General Eric Holder said it’s not fair to are Democrats. assume that mistakes in Operation Fast and Furious Holder is a Democrat, and formerly served as a top led to Terry’s death. Holder also expressed regret to lawyer for President Bill Clinton. the federal agent’s family, saying that he can only Holder appeared to blame The Daily Caller, not imagine their pain. congressional alarm over the administration’s gun http://www.judicialwatch.org/blog/2011/nov/u-s-seals- smuggling and resulting murders, for the resignation court-records-border-patrol-s-murder demands. “You guys need to — you need to stop this. It’s not 11-11-30 Holder blames Americans for gun- an organic thing that’s just happening. You guys are running behind it,” he told TheDC. Attorney General Eric Holder scolded The Daily http://dailycaller.com/2011/11/30/holder-blames-americans- Caller’s reporting on the Fast and Furious gun- for-gun-running/ running scandal shortly after government officials and reporters heard him admonish Americans for funding 11-11-30 Pa. student brings unloaded to gun to gun-runners. high school Holder appeared Tuesday at a White House event SOMERSET, Pa. - Police in western Pennsylvania to showcase a new media campaign that is intended to say a teenager who brought an unloaded gun to his stigmatize the selling and buying of knock-off videos high school posed no threat to fellow classmates. and counterfeit fashion products. Police say the sophomore at Somerset Area High Holder recorded one critical radio ad, which is School only sought to transfer possession of the titled “You can help.” The clip was played to the firearm to another student. audience in the White House auditorium. School district officials say they were notified by “This is Attorney General Eric Holder. We are unnamed individuals on Wednesday morning that a working hard to protect our communities by reducing student had a weapon on the bus. gang violence and organized crime and there is an Police Chief Randy Cox says officers responding important and simple way that you can help. Some to the school found no threat. Cox says the gun is street gangs and organized crime groups are selling registered to an adult and had been stolen by one of counterfeit products, such as fake watches, DVDs and the students. purses, as an easy way to make money. And they use Superintendent Krista Mathias says the that money to fund other crimes, like trafficking in administration conducted follow-up searches but drugs and guns.” discovered nothing of concern. “When you buy knock-offs on the street or online, http://www.philly.com/philly/wires/ap/news/state/pennsylvan ia/20111130_ap_pastudentbringsunloadedtoguntohighschool.htm although it may not be obvious, you could be l supporting gangs, putting money in their pockets and helping them to engage in other illegal activities that 11-11-29 How Deer Season, and America, Have put our communities at risk,” said Holder in the radio Changed in 50 Years ad. This week hunters across America storm the woods More than 50 congressmen have called on Holder loaded for deer. For yet another indication of how to resign because of his role in Operation Fast and times have changed, consider this account of Deer Furious, which allowed gun-traffickers to buy Season a half century ago: thousands of guns in the United States, and then My mother’s family lived in Emporium, allowed them to transport those guns to violent drug Pennsylvania, as did dozens of their relatives. gangs in Mexico. Emporium is a tiny town nestled in the mountains Page 36

near the north/central part of the state. Back in the My uncle remembers my grandparents taking in so 1940s, when my mother was born, my grandmother many people that he lost track. “During hunting had worked as a Rosie Riveter at the Sylvania plant. season our house was a zoo,” he says. Some reading this article will remember owning a For a few dollars per person, my grandparents huge, heavy Sylvania TV—back when you got only hosted two or three hunters per night, giving them a three channels. bedroom and maybe the backroom. The hunters Sylvania employed half the town. Farming was marched inside with all their gear. As evening fell, another means of employment, which my grandfather early in the winter, my grandmother made dinner for and his parents and nine siblings had done down the everyone. They all shared a meal. The hunters talked road in Rich Valley. and played and joked with the kids. After dinner, they Still, neither Sylvania nor farming nor anything got their equipment in order and went to bed—snoring else did much to populate tiny Emporium. loudly through the night. Once a year, however, the place was flooded with Around 5:00 a.m., my grandmother made breakfast people. That time of year was Deer Season, when out- for the hunters, typically bacon and ham and eggs. of-town hunters arrived like an incoming Army, The meals were special. “I enjoyed the stories at loaded with rifles and bullets. “Army” is a good night and breakfast in the morning as much as the metaphor, given that a large portion of the hunters hunting,” says my uncle. were World War II vets. They came from the mills Then they were off to the woods. If they shot a and mines of Pittsburgh and Western Pennsylvania. deer early, some headed straight back to Pittsburgh, They came to shoot a deer. hoisting the gutted carcass atop the Oldsmobile. During that special week, Emporium’s streets were Others, if they got a deer late, might return to the bustling, the bars were jammed, and churches had house, where my grandmother cooked up some more people than usual, including St. Mark’s, where venison. If they had no luck, they stayed another night hunters sought out the priest for a blessing before or two. heading into the woods. This scene was repeated in house after house in The lone hotel was full, leaving hunters looking for Emporium. My Aunt Della, who lived across the lodging. Some packed into makeshift hunting camps. railroad tracks and river, took in boarders in an Some slept in their cars. Sleeping in a car was no big apartment above her garage. She tended to get the deal to guys who had fought in Germany, France, the same guys year to year. I’m sure her Rigatoni and Battle of the Bulge. Nonetheless, they searched for a meatballs were a factor. place with a roof, heat, a bathroom—which brings me Can you imagine this today? Any of this? to my main focus: Yes, the culture has really changed. America has My grandmother always took in boarders during changed. Deer Season. In fact, the whole town did. Up and http://www.westernjournalism.com/how-deer-season-and- down every street, hunters knocked on doors asking if america-have-changed-in-50-years/ the home was taking boarders. Bear in mind, these were complete strangers carrying guns and lots of 11-11-29 Postal gun ban should be tossed ammunition. And yet, there was never any fear that We're glad a federal judge will allow a lawsuit by they were a threat to a household. an Avon couple with concealed-carry permits “I never heard of any problems anywhere,” recalls When the Supreme Court in 2008 ruled that the my mother, who was a little girl when the hunters Constitution protected an individual right to bear stayed at her house. “There was never any concern arms, it allowed reasonable restrictions such as "long- about the safety of anyone, including the kids. Today standing prohibitions on the possession of firearms by you can’t trust anyone. It was different then.” felons or the mentally ill, or laws forbidding the It was very different. There was also a general trust carrying of firearms in sensitive places such as of hunters, a trust I believe is still merited and shared schools and government buildings." in those areas. My Uncle Carl, my mom’s brother, Does the court's definition cover post offices? And says, “I still think that hunters are a special breed and even if the answer is yes, does it also cover postal even though they kill animals most are very caring, parking lots? trustworthy, and law abiding.” We don't think that a post office — let alone an adjoining parking lot — qualifies under the court's Page 37

standard as a "sensitive place" where guns may be 11-11-29 Canada Tories reject NDP comprehensively banned. So we're glad a federal amendments on long gun bill judge in Denver has allowed a lawsuit to go forward OTTAWA - The Conservatives refused to bite on challenging the U.S. Postal Service's ban on guns. amendments put forward by the NDP Tuesday on the The case, which has national implications, involves bill to repeal the long gun registry. an Avon couple, Debbie and Tab Bonidy. The The Commons public safety committee has Bonidys possess concealed-carry permits under wrapped up its study of Bill C-19, which will be Colorado law, regularly carry hand guns for self- heading back to the House without changes despite defense and pick up their mail at a post office 10 the NDP's last ditch attempt to remedy what they see miles from home. as serious problems with the proposed legislation. Under post office rules, however, they can't even Two amendments were shot down by the drive into the parking lot with a gun in the car. Conservatives - one forcing the feds to table the costs Nor could a hunter, for that matter, who had no of deleting the records, and the other which would intention of carrying his rifle or shotgun indoors. force the government to revisit which weapons are According to the Mountain States Legal restricted in Canada. Foundation, which represents the Bonidys, federal "We call this the bad, scary guns amendment," said statute "prohibits private possession of firearms in NDP justice critic Jack Harris of the latter measure. federal facilities, except those firearms carried The amendment had the backing of two rural NDP 'incident to hunting or other lawful purposes.'?" These MPs who had previously voted in favour of repealing exceptions do not apply to federal courts, where a the registry - B.C. New Democrat Nathan Cullen and total ban on guns is enforced. Northwest Territories MP Dennis Bevington. Since a courthouse obviously qualifies as one of Cullen, who is also running for the party's those "sensitive places" the Supreme Court had in leadership, cited the Ruger Mini 14 and the Swiss mind — a location where passions can and do run Arms Black Special as guns rarely used by hunters high— the gun ban is entirely understandable. But a and farmers. post office? The typical patron spends a few minutes "This is a different animal, this is a different gun," in a placid atmosphere in which harsh words are about he said. as rare as a GOP presidential contender calling for a Canada firearms law divides guns into three tax hike. categories - non-restricted like shotguns and rifles, as Sure, you may have to wait in line a little longer to well as restricted and prohibited. post a package during the holiday season, but even Both Bevington and Cullen said they would vote this rarely provokes overt anger. It wasn't violent with their party against Bill C-19 as it currently customers, after all, whose notorious rampages in the stands, and wouldn't abstain as they did on a past vote 1980s and '90s gave rise to the phrase "going postal," on the legislation. but disgruntled workers and former workers. And They argued previous versions of the bill defeated those episodes left an unfortunate impression that in past parliamentary sessions contained provisions postal workers are an especially volatile lot. that ensured public safety for when the registry was In fact, a commission headed by Joseph Califano in killed. the late 1990s found that postal workers were only The other NDP and Liberal amendments were one-third as likely to be victims of workplace violence deemed inadmissible by committee legal staff because as the rest of the national workforce. they were beyond the scope of the current bill. "The Postal Service's total ban on firearms They included measures to force gun sellers to possession impairs the right to keep and bear arms as keep records of the firearms they sell, to ensure the protected by the Second Amendment because that records are kept for up to three years to allow right cannot be exercised when individuals are provinces and territories access to the data, and one to traveling to, from, or through postal property," the rename the bill the 'risking public safety act.' Mountain States Legal Foundation contends. http://www.torontosun.com/2011/11/29/tories-reject-ndp- We agree. And we wish the Bonidys success as amendments-on-long-gun-bill their case proceeds http://www.denverpost.com/opinion/ci_19427751 11-11-29 Forests are for all: Sunday hunting should be permitted by law Page 38

As tradition demanded, Monday was an unofficial properly belongs. The commission would set the holiday for Pennsylvania hunters, who by the terms for hunting on Sundays within a year. It's time hundreds of thousands took to the woods clad in to fade from blue to fluorescent orange on at least a fluorescent orange for the first day of deer season. few Sundays a year. This year's hunt took place as the Legislature was http://www.post-gazette.com/pg/11333/1193169- poised to challenge another tradition less loved: No 192.stm?cmpid=news.xml#ixzz1fJ1oWWJa Sunday hunting. The prohibition against hunting on Sunday in 11-11-29 Allow Sunday deer hunts Pennsylvania (with the exception of hunting pests Monday was the opening day of deer season. such as foxes and coyotes) dates from 1873. The Schools and factories closed in acknowledgement existing law is a remnant of the notorious "blue laws," (or based on the long-standing assumption) that too which once pulled a sanctimonious corset over all many employees would take the day off anyway. sorts of activities deemed subversive of keeping the The designation of the first Monday after Sabbath holy. Thanksgiving as an unofficial holiday is threatened by Bit by bit, these laws have given away to the a push to allow Sunday hunting. Opponents cite a understanding that those who want to observe the number of concerns. Some point to the tired Sabbath can do so in their own way without traditional objections that have underpinned many of government concern for church attendance. For the blue laws that have slowly faded away as society example, where once professional sports were banned becomes more diverse. on Sundays, Steelers fans today can go to the game A related concern stems from the potential for after attending morning services. The same conflict between landowners and hunters. Critics of consideration should be given to sportsmen who want Sunday hunting say that landowners who now allow to hunt. hunting most of the time see Sunday as a welcome As with most modern attitudes, Pennsylvania is out day of peace, absent of gunfire. Faced with the of step with most of the rest of the country. Some 39 prospect of hunters in the field every day, many states permit Sunday hunting, including property owners may cease allowing any hunting, Pennsylvania's neighbors New York and Ohio. West under this logic. Virginia, Maryland and New Jersey permit some Last year, hunters in Pennsylvania killed 316,000 Sunday hunting with restrictions. deer, up from 309,000 a year earlier. But the deer To be fair, the arguments against Sunday hunting harvest in both years is substantially less than the are not all motivated by the old blue law concerns. hunters had achieved in prior years. The deer harvest Objections are also raised by hikers, runners and exceeded 500,000 twice, hitting 517,000 in 2002 and nature lovers who want to enjoy the woods on then declining since. Sundays without having to worry about stray bullets. Proponents of Sunday hunting said the move would Additionally, farmers want to enjoy a day with their be an economic boon. A recent state-funded study families without having to deal with hunters. estimated that Sunday hunting would generate $804 These concerns are understandable but, in the end, million in annual spending, and help support more not persuasive. Nature lovers have no monopoly on than 7,000 jobs and generate $57 million in state and state forests, certainly at the expense of hunters who local taxes. have limited seasons (hunters must buy licenses that Critics argue that the impact projections are support game management and other users of the inflated. For one, the study does not take into account woods do not). the fact that people who would be hunting would no As for safety, few non-hunters are casualties of longer be engaged in other activities that involve hunting accidents, despite thousands of hunters being spending. Hunting generates about $3 billion annually in the field. Farmers' concerns seem similarly in state economic activity, the report estimated, overblown: Nobody can hunt on a farm without the including $1.7 billion from deer hunting. The owner's permission and their objection can be clearly expenses include lodging, airfare, guide fees, boats, posted. weapons and other gear, licenses and land purchases House Bill 1760 would take the authority for or rentals. Sunday hunting from the old blue laws and put it in Pennsylvania allows hunting for crows, coyotes the hands of the state game commission, where it and foxes on Sunday, but not for large game, such as Page 39

deer and bears. The state's prohibition, which dates to generic hunting rifles and shotguns, which are subject 1873, is outdated. More than 40 states allow some to relatively lax controls, and after the registry is Sunday hunting. scrapped, won’t be tracked by the database. That Hunters say trifling with the traditions under which leaves a broad category in the middle: The so-called they participate in their sport will speed its demise. On restricted firearms, which include most handguns and the other hand, hunting in Pennsylvania has been certain rifles and shotguns (determined by the above- struggling with decreased interest for years and the mentioned technical criteria). sport could benefit from a move to make it more If the above paragraph seems dense, it admittedly accessible to those casually interested. is. It is also a gross simplification of the legislation, Those who profit from serving hunters and those which is highly technical and riddled with numerous who enjoy the sport would benefit from adding a caveats and exemptions. The laws were written in weekend day. Those who do not want to hunt on such a way to ensnare the maximum possible number Sunday have an option -- they can rest on that day and of firearms into the prohibited and restricted allow the rest of the hunting enthusiasts enjoy the time categories, severely curtailing their availability to the in the woods. public. But since the government of the day — the http://dailyitem.com/0110_editorials/x1022083882/Allow- Jean Chrétien-led Liberals — didn’t want to admit Sunday-deer-hunts that was their intention, they had to hide their motives behind benign-sounding technical jargon. In doing so, 11-11-29 NDP’s honest mistake confirms they created a bureaucratic monster. Canada’s dysfunctional gun laws The NDP are its latest victims. Ruger, an The federal New Democrats have been left American-based firearms manufacturer, builds the scrambling after nearly making an embarrassing Mini-14 rifles, in several different variants. The mistake in an ad campaign criticizing the federal different variants are essentially identical in terms of Tories for scrapping the long-gun registry. The NDP their mechanical operation — the “guts” of the rifle, planned to run ads showing the Mini-14 rifle, which with the highly complex moving parts and delicate would no longer be subject to registration after the components — are common across every variant. end of the long-gun registry. But the graphic showed Only the finishing touches differ, and those are easy to the wrong variant of the Mini-14 — one that is slap on in the final phase of manufacture. considered a restricted firearm, and therefore won’t be The reason for the different finishing touches is affected by the proposed legislation at all. unremarkable: It’s all marketing. The “Ranch” variant The NDP acknowledged the error, and is moving to of the rifle is marketed to hunters and farmers, and has correct the ads. It was an honest mistake on their part, few bells and whistles. It has a wooden stock — and they have done the right thing by moving swiftly nothing fancy — and a long barrel, good for accuracy to correct it. But it is worth noting that while their at long ranges (like those found, for example, on a mistake was honest, it does speak to a broader point ranch). The “Tactical” variant of the rifle, though that the NDP might not like: Canada’s firearm- mechanically identical, is marketed towards sports classification criteria, drawn up with an anti-gun shooters, and has a shorter barrel, a black plastic stock political bias, are needlessly complex, and should be and the option to attach accessories like flashlights. simplified. But small differences can have big effects. The Canada divides firearms into three categories, Tactical variant of the rifle, due to its shorter barrel, is using technical criteria: barrel length, magazine classified as restricted under Canadian law. The capacity, ammunition calibre, and method of Ranch variant, with two inches more barrel, is non- operation (automatic, semi-automatic, pump action, restricted. That’s how the NDP made their innocent etc). Prohibited firearms are effectively banned, and mistake. But it also goes to show how needlessly may only be owned by “grandfathered” individuals complex the classification system is. The Ruger Mini- who already possessed them when the current laws 14 Tactical looks somewhat scarier and is slightly came into effect — the government’s way of getting shorter (and thus, the logic goes, easier to conceal). around thorny property confiscation issues (prohibited But can anyone seriously say it’s more dangerous? firearms may also be transferred to direct family Two extra inches of barrel won’t stop a madman from members, but no one else need apply). On the other firing into a crowd. Two inches less doesn’t mean it end of the spectrum are the non-restricted guns — can’t be used for hunting. Page 40

As currently written, Canada’s firearms laws are a Ron Kennedy, general manager of the club, also political exercise first, everything else second. Once said: the long-gun registry is scrapped, the next logical step "Our members and guests enjoyed the concept and that Canada’s firearms community should demand is we are delighted to bring it back again this Holiday an overhaul of the classification system and an end to season." criteria rooted more in a dislike of firearms than any And club member Richard Jones thinks, "it’s going semblance of rational policy. to be all in fun from those who support the second http://fullcomment.nationalpost.com/2011/11/29/matt- amendment and those who don’t. Whether you’re a gurney-ndps-honest-mistake-confirms-canadas-dysfunctional- gun advocate or not, you should have a lot of fun with gun-laws/ it."

Another gun club member Katie Perrine, said: "We 11-11-29 Arizona gun club treats kids to pose thought it would be a fun, family-friendly idea. Where with Santa and machine guns else in the world can you get a picture with Santa and A gun club in Scottsdale, Arizona, is holding a have a gun in the background?" special event in its own version of the spirit of But the liberal website Think Progress is highly Christmas. Kids are given the opportunity to pose for critical of the idea of mixing Christmas and guns in photographs with Santa Claus brandishing machine the minds of young children. The website complains guns they would not be allowed to own legally. that now it isn't Obama waging "war on Christmas" The special Christmas offer is extended even to and denying Americans their religious rights, rather toddlers who are permitted, at a fee of $5 for members its, and $10 for non-members, to pose Rambo-style, "Scottsdale Gun Club inviting people to enjoy brandishing the "coolest belt fed machine guns" they 'Santa and Machine Guns' — a 'family event' that lets get to see only in the movies. kids take a holiday card picture with St. Nick and an After the photographic session, children get a assortment of high-powered fire arms. Families can chance to test the firearms of their choice. choose from pistols, modified AR15s, an $80,000 Daily Mail reports children, toddlers and even Garwood mini-gun and more." babies are handed real-life firearms of their choice or This is the second year the Scottsdale Gun Club their parents', including grenade launchers, assault has held its bizarre version of a Santa celebration rifles and AK-47s. The children, bristling with http://www.digitaljournal.com/article/315230?tp=1 weapons and belts of ammunition around their necks, with excited smiles, pose beside an evidently 11-11-29 Police: O'Neill blamed crash on deer bewildered Santa for a Christmas photograph. Many area residents gave thanks last week that According to the advertisement by the Scottsdale they had no connection to the embattled O'Neill clan, Gun Club, the event is: which made headlines once again. "a one-of-a-kind opportunity to be photographed Although blood-tests results are not expected for next to Santa while against a backdrop of a stunning weeks, police said today that they filed charges last $80,000 Garwood mini-gun and SGC's coolest belt week against Sean O. O'Neill Jr. because of fed machine guns including the M60, M249 and substantial evidence that he had abused alcohol again; M240." in 2006, he fatally shot a friend and fellow Cardinal A promotional on the club's website reads: O'Hara classmate at an underage drinking party. "Santa's Back With His Bag Of goodies. Get Your West Goshen Township police said O'Neill, 22, of Holiday Picture With Santa & His Machine Guns!" Glen Mills, was driving at 12:55 a.m. in the 800 block The special Christmas offer has been very well of Westtown Road when he lost control of his black received in Scottsdale. Club member Jennifer Dove, Cadillac Escalade, which traveled down an told Daily Mail that only one mother out of hundreds embankment, smashed into two cars, and then crashed of attendees has refused to allow her children pose into the home's attached garage. No one was injured, like Rambo with Santa Claus. Dove says: police said. The homeowners told police that three "There's a huge community that's interested in people were asleep in the residence when the crash firearms as a sport and a hobby. There's no reason occurred and that O'Neill "attempted to back away they can't express their holiday spirit and their passion from the garage several times in an attempt to free his for that hobby." Page 41

vehicle ... backing up and hitting the garage over and 11-11-28 Cops: Armed student sold gun to over," the criminal complaint said. another at school The complaint said O'Neill, who exuded a strong A student at Upper Darby High School who was alcohol odor, told police that he had one beer and that found with a loaded gun, a knife and ammunition on a deer ran in front of his vehicle. He said he could not school grounds today had sold a gun to another put weight on his leg for an extended period of time student at the school earlier this morning, said Upper because he had broken it and had been carrying a Darby Police Superintendent Michael Chitwood. medical boot in the car to assist him with walking, the Police said they found the illegally-purchased gun complaint said. O'Neill put the boot on but still failed on the second student and arrested both teens. a series of field sobriety tests, the complaint said. Around 1 p.m., a student at the school saw another O'Neill first came to public attention when he student carrying a gun and reported it to a teacher, accidentally shot and killed Scott Sheridan, 17, during who in turn reported it to school security, police said. an unchaperoned drinking party at the O'Neills' That student was stopped and found to be in Chester County home on Sept. 1, 2006. O'Neill was possession of a loaded .25, a knife and ammunition adjudicated as a juvenile and had to complete two for a .380, Chitwood said. The student told police that residential treatment programs before being released the ammunition was for a gun he'd sold to another in 2009. student at the school earlier in the day, according to The shooting death prompted a search of the police. That second student was tracked down and the family's palatial Willistown Township home that led gun was found in his possession, Chitwood said. to a federal firearms conviction for Sean Owen Police confiscated all of the weapons and arrested O'Neill Sr., 51, an illegal immigrant and former both teens. Delaware County pub owner who was recently "Nobody is hurt, thank God," Chitwood said. deported to Ireland after serving an 18-month jail Upper Darby High School has no metal detectors, sentence. Chitwood said. Another of the family's three children, Roisin http://www.philly.com/philly/blogs/delco/Cops-Armed- O'Neill, 26, has also had problems with alcohol abuse. student-sold-gun-to-another-at-school.html She is serving a 5-to-10-year prison term for causing a crash on Sept. 19, 2008, that killed Patricia Murphy 11-11-28 Just what is this ‘right to bear arms’ Waggoner, 63, a grandmother from Brimfield, Mass. and what does it cover? Police said Roisin O'Neill was driving drunk in the Washington State’s own Tri-City Herald today wrong direction on I-476 in Plymouth Township. In published an editorial that speaks about the Second 2009, the O'Neill's youngest daughter was cited for Amendment and how many liberals cling to the notion underage drinking during a routine DUI checkpoint by that it is the illegitimate son in the Bill of Rights; state police. interesting timing since other newspapers today also First Assistant District Attorney Patrick Carmody are discussing recent legislation, H.R. 822, adopted by said Sean O'Neill should not waste time seeking the U.S. House of Representatives to assure right-to- admittance into the county's Accelerated carry licenses and permits are honored across the Rehabilitative Disposition program, a regimen for country when armed citizens travel. first-time, non-violent offenders. "He wouldn't be This column discussed that legislation. accepted," Carmody said. He explained that The Philadelphia Inquirer is aghast at the prosecutors can look at juvenile records in assessing a legislation, and the Pittsburgh Post-Gazette does not person's suitability for the program, which enables seem terribly happy with it, either. But out west in the participants to erase their conviction if they complete Tri-Cities, nothing could seem more simple. A civil the requirements. "He has a prior manslaughter right that applies to citizens here should apply conviction related to alcohol," Carmody said. "Plus, everywhere, same as the First, Fourth, Fifth, Sixth the current case is borderline; he ran into a house. amendments and so forth. We've denied people before for that reason alone... It's the Tri-City Herald is candid: very fortunate that no one was hurt." “…the Second Amendment has become the most http://www.philly.com/philly/blogs/chester_county/13470067 contentious of the first 10 Amendments to the 8.html Constitution.

Page 42

The Second Amendment guarantees citizens the But then the Pittsburgh editorial leaped into the right to bear arms… “what if” realm by asserting, “Magnify that almost 50 Some seize on "militia" and insist the founders times and you have a problem…” with national were talking about keeping weapons for purposes of reciprocity. Odd that there was no mention, as is defending government. That would make the Second typical, of the OK Corral or the Wild West. Amendment the only one of the Bill of Rights that Speaking of Pittsburgh’s newspaper, it had this to was written for the state and not the individual. say: (In those days, militias were loosely formed, like HR 822 purports to be an effort to provide a possess, and the only way to participate effectively national standard so that nonresidents of a state may was to bring your own gun.) carry concealed firearms in that state. This would No, the Second Amendment is not an aberration, effectively gut the ability of any state that wants telling citizens of a right they do not have. It is a reasonable limits on who can carry a concealable gun. promise that this is one they can keep.” A responsible state would be bound, therefore, to At the other end of the country, Philadelphia accept licenses from states known to have lax editorial writers have a different take about standards. recognizing concealed carry permits and licenses from That’s not accurate. The legislation does not, and other states: never has, purported to be an effort to provide a But the stakes are much higher, since making the “national standard.” The legislation only provides for right determination about who should - and should not one state’s recognition of another state’s carry permit - carry a gun is a potential matter of life and death to a or license, period. Armed citizens must abide by all of degree unmatched by rules about who gets to slide the rules and regulations of the state in which he or behind the wheel of a vehicle. she is traveling. As it happens, Philadelphia already is experiencing The National Rifle Association’s Chris Cox noted the problems that the effective nationalization of in a Philadelphia Inquirer Op-Ed: handgun-carrying permits would unleash. Because The problem is that interstate recognition of these Pennsylvania has a reciprocity agreement with Florida various permit laws is not consistent. Some states on gun permits, Keystone State residents who have recognize permit holders from other states, and others been turned down for gun permits locally are free to refuse to recognize any state's permit but their own. obtain them from Florida. The National Right-to-Carry Reciprocity Act would An estimated 900 city residents are now armed in solve this problem by requiring states that allow Philadelphia with such mail-order permits from the concealed-carry to recognize each other's permits, in Sunshine State, and some clearly turned to Florida the same way they recognize each other's driver's after being denied permits here. How much worse licenses. would the situation be if the Florida loophole were Some have erroneously claimed that H.R. 822 expanded to include every state that applied different would create a "federal gun-licensing" system. This is standards to gun permitting? not true. In fact, the bill protects the right of each state Two questions arise: to issue its own permits and determine its own rules 1. Who would be more dead, someone killed by a regarding concealed carry - such as where carrying is non-resident gun owner, or someone killed by a non- prohibited and where it's allowed. Visiting permit- resident drunk driver, or someone who simply causes holders are required to abide by each state's unique a fatal crash through negligence? rules the same way they must obey each state's speed 2. Just how many incidents of Pennsylvanian’s limits. with Florida carry permits have there been in which All of which brings us around to the bigger one of these individuals has killed someone? argument, the one that gun prohibitionists and gun The Inquirer could not supply an example, but the rights activists are really having, but they don’t care to Pittsburgh newspaper did; one incident involving a admit it: Just what is this “right to bear arms” and Philly resident who had his Pennsylvania permit what does it cover? That, frankly, is where court cases revoked and then obtained one from Florida. That will be headed henceforth, now that Heller and man subsequently shot a teenager who was allegedly McDonald have firmly established that the right to breaking into automobiles. keep and bear arms refers to an individual civil right. Page 43

Anti-gunners claim that under the 2008 Heller discretion in denying a gun permit if, as in ruling, it only allows carrying loaded firearms in one’s Philadelphia, they question an applicant's character. home. The problem with Heller is not what it said, but In the landmark case establishing citizens' right to what it did not say. Blame Justice Anthony Scalia for own firearms under the Constitution's Second that one. Amendment, the U.S. Supreme Court pointed to just Gun rights activists, including those who open such rules when it upheld the "ability to devise carry, insist that this right to bear arms extends to just solutions to social problems that suit local needs and about everywhere, and certainly all public places. values" on firearms. That would include city parks, shopping malls, The NRA and its acolytes in Congress argue that grocery stores, theaters, restaurants, public buildings, this measure simply brings a degree of uniformity to and so forth. concealed-carry permits in much the same way as one A civil right that is limited to the confines of one’s state honors another's drivers' licenses. own home is not a civil right at all. It’s not even a But the stakes are much higher, since making the privilege. right determination about who should - and should not Bearing arms must extend beyond the front door, - carry a gun is a potential matter of life and death to a and certainly beyond one’s property line. It logically degree unmatched by rules about who gets to slide must apply to what was traditional and in vogue at the behind the wheel of a vehicle. time James Madison penned the Second Amendment; As it happens, Philadelphia already is experiencing a period when it was not uncommon to find rural the problems that the effective nationalization of farmers, frontiersmen and townspeople going armed, handgun-carrying permits would unleash. Because either with a rifle or musket, a pistol or brace of Pennsylvania has a reciprocity agreement with Florida pistols, perhaps a fixed blade knife of some kind, a on gun permits, Keystone State residents who have hatchet or tomahawk; any manner of weapon. been turned down for gun permits locally are free to It was no more shocking a sight than to see obtain them from Florida. someone wearing a three-cornered cap. An estimated 900 city residents are now armed in In those days, one frequently carried a gun Philadelphia with such mail-order permits from the wherever he went, especially when traveling from one Sunshine State, and some clearly turned to Florida state to another. One never could predict whether he after being denied permits here. How much worse might need that gun somewhere along the way. would the situation be if the Florida loophole were Same as now. expanded to include every state that applied different http://www.examiner.com/gun-rights-in-seattle/just-what-is- standards to gun permitting? this-right-to-bear-arms-and-what-does-it-cover In fact, that's why law enforcement officials are outspoken on the House bill. As Police Commissioner 11-11-28 Philly Inquirer Editorial: Deciding Charles H. Ramsey told a House committee, in who can be armed comments on the proposed Right-to-Carry Reciprocity States should set own rules Act, weaker permit rules undermine state and local The threat of gun violence to Philadelphia-area authorities' ability "to protect their citizens." residents from the so-called Florida loophole could go For more than 100 local religious leaders allied national - unless U.S. senators such as Pennsylvania under the Heeding God's Call gun-safety organization Democrat Bob Casey, and many others, do the right - who planned to deliver a signed plea for Sen. thing. Casey's support - the scourge of gun violence is day- Under a bill just rammed through the U.S. House to in, day-out evidence that the nation must not loosen a tune called by the National Rifle Association, every gun permit regulations. state that permits residents to carry concealed Along with CeaseFirePA and Mayor Nutter, a handguns would have to honor permits held by gun member of Mayors Against Illegal Guns, the faith owners from other states. leaders are looking to Casey and others for leadership That would scrap the long-established notion that in defeating the House bill if it comes up in the Senate states should have the right to shape their own or is grafted onto other legislation. While Casey is still approach as to who gets to carry a legal weapon. In undeclared, his voice and vote could be the deciding Pennsylvania, for instance, police have the right to use factor in an effort that, undoubtedly, will save lives. Page 44

http://articles.philly.com/2011-11-28/news/30450725_1_gun- Many public officials and members of law violence-ceasefirepa-gun-owners enforcement in Pennsylvania, struggling with gun violence in their own communities, oppose this law, 11-11-28 Gun permits for all: A concealed-carry and they hope that Sen. Pat Toomey, a Republican, bill blows a hole in states' rights and Sen. Bob Casey, a Democrat who has supported Recently, the U.S. House passed a bill that this in the past, will oppose it too when the time overrides the rights of states to enforce their own gun comes. Among the region's members in the House, laws, yet another example of how conservative belief only Rep. Mike Doyle, D-Forest Hills, had the in the sovereignty of states can evaporate in the light courage and good sense to say no to making of a national obsession. As with any law that the Pennsylvania accept other states' irresponsible notions National Rifle Association wants, the National Right- about who is fit to carry concealed firearms. to-Carry Reciprocity Act (HR 822) passed by a Let's hope the senators show the same fortitude as lopsided margin. Mr. Doyle. While the 272 yes votes and the 154 no votes are http://www.post-gazette.com/pg/11332/1193002-192.stm part of the sad story, the list of the seven representatives who did not vote contained its own 11-11-28 NC New law provides more leeway for poignant note. For on that list was the name Giffords. self-defense action That would be U.S. Rep. Gabrielle Giffords, the HIGH POINT – It soon will become easier to Democrat from Arizona who is still recuperating after justify cases in which deadly force is used in self- being shot in the head by a mentally disturbed defense. constituent in January. The bill in question would not Changes to the state’s Castle Doctrine Law that have stopped Jared Loughner, but plenty of his type take effect Thursday do not require people to run are out there. This bill would allow the potentially before they fight back with a gun. The law expands dangerous to be armed in states that are not their own. the use of reasonable deadly force to include cars and Ms. Giffords has received plenty of across-the-aisle workplaces if a person under attack fears imminent support, but it is easier to make nice than to take a death or serious bodily harm. stand for common sense that defies the NRA. Not The Castle Doctrine, rooted in English common long after Ms. Giffords appeared on ABC to give her law, is based upon the idea that a person should be first televised in-depth interview since the shooting, safe from attack while at home. the House showed that its sympathy to her -- and by “You don’t have to run to the far part of your house extension other innocent victims of gun violence -- if there is a threat,” said Terry Lamb, owner of The went only so far. Gun Vault. “People like that and are very positive HR 822 purports to be an effort to provide a about these changes.” national standard so that nonresidents of a state may The new law presumes that a person who carry concealed firearms in that state. This would unlawfully and by force enters or attempts to enter effectively gut the ability of any state that wants intends to commit an unlawful act involving force or reasonable limits on who can carry a concealable gun. violence. A responsible state would be bound, therefore, to “This change should make things a little more clear accept licenses from states known to have lax for people and more comfortable,” said Lt. Robert standards. Hamilton of the Guilford County Sheriff’s Although the Corbett administration and Department. “There is a presumption now that if you Republican lawmakers have expressed no alarm, fear for your life, you can use deadly force. The Pennsylvania has had a taste of this folly in a different presumption before was that you had to retreat first.” way. In one case, a Philadelphia resident who had his The changes also ease the civil liability gun owners state gun permit revoked applied to an office of the can face if they shoot and kill or injure someone Florida Department of Agriculture for a permit committing a crime against them. recognized by a reciprocity agreement in this state. “You can use your gun for self-defense in more Later, he shot and killed a teenager he said was places than before,” Lamb said. “Most people think breaking into cars. Magnify that almost 50 times and that is a good change.” you have the problem with HR 822. “The presumption now is that the vehicle is more like a residence and you can protect yourself against a Page 45

car jacking,” said Hamilton, who works in the legal The trace data did not include any Tiahrt process division that handles concealed carry handgun nondisclosure warnings. permits. The information was leaked to provide selective Also starting Thursday, North Carolina will expand "statistics" that Feinstein could use to promote her handgun permit reciprocity so that a valid concealed views on gun trafficking—no criminal intelligence handgun permit issued in another state will be valid in interpretation was provided, and the way this was North Carolina, regardless of whether that state done was intentional, with cognizance that the data accepts a North Carolina issued permit. were going to be misused. “There should be no problem now if you get Fair questions to follow up with: Who at Main pulled over on the highway,” Lamb said. Justice illegally leaked the data to Sen. Feinstein and http://www.hpe.com/view/full_story/16585806/article- did she knowingly abet a violation of the law in order DEADLY-FORCE--New-law-provides-more-leeway-for-self- to advance her agenda? defense-action And will Sen. Chuck Grassley and Rep. Darrell

Issa follow up on this in their investigations? 11-11-28 How did Sen. Feinstein get ATF gun http://www.examiner.com/gun-rights-in-national/how-did- trace data in violation of Tiahrt Amendment? sen-feinstein-get-atf-gun-trace-data-violation-of-tiahrt- Persons within the Department of Justice whose amendment identities are not yet publicly known apparently broke the law by leaking firearms trace data to Sen. Dianne 11-11-26 Oklahoma's New CareerTech handgun Feinstein, which she introduced in the Senate law praised Judiciary Committee record in the hearing on Enid man says he feels safer now that he can take Department of Justice oversight earlier this month. his handgun to Tulsa to take classes at a CareerTech “If I may,” Senator Feinstein requested at the center. Before the new law, it was a crime to bring a beginning of her questioning of Attorney General Eric handgun in a car and leave it locked in a vehicle. Holder (see webcast, at the 69:45 mark), I'd like to put A change in state law that now allows guns in in the record the official firearms trace data from the locked vehicles on CareerTech campuses makes Greg Department of Justice from 12/1/2006 to Oringderff feel safer. 2000...excuse me, 9/30/2011...this is guns Oringderff, who lives north of Enid, said he and his [unintelligible] Mexico.” wife, Sally, frequently go to Tulsa Technology Center Left unchallenged and unsaid is how Feinstein to take classes in order to renew their real estate obtained the data, which is prohibited by the Tiahrt appraiser licenses. Amendment from being shared with anyone but law The trip of nearly 120 miles between Enid and enforcement agencies and prosecutors, and only then Tulsa covers some lonely stretches of highway, so in the course of a criminal investigation. That Oringderff, who has a concealed carry permit, would prohibition extends even to Senator Feinstein, as have liked to take his handgun along. Most classes evidenced by the failed attempt earlier this year by end at 9 p.m. so he and his wife make the trip back at Rep. Adam Schiff “to allow Congressional home at night. committees to be included on the list of entities to “I just felt uncomfortable,” said Oringderff, 69. “I which the Bureau of Alcohol, Tobacco and Firearms think older people especially are more vulnerable than can disclose part or all of the contents of the Firearms younger people.” Trace System database.” But until Nov. 1 it was a felony to take a gun onto While there is no reliable evidence that Sen. a CareerTech campus, which included the school's Feinstein knew she was improperly disclosing data parking lot. House Bill 1652 allows students, teachers she had been provided, a Senator so active in and visitors with a valid concealed-carry permit to promulgating new gun laws not knowing existing bring handguns to a CareerTech campus. They must ones is the most innocuous explanation if she did not. keep the weapons in their locked vehicles. If that’s the case, it strongly implies someone at “I've got a permit for my concealed handgun,” said Justice used the Senator. Oringderff, who served in the Army for 10 years and Per an anonymous congressional source: got his first gun when he was 14 years old. “In the It was Main Justice, not ATF, who leaked the trace past when we've gone there I haven't been able to data to Feinstein. I am told ATF “was blindsided” by keep it in the car because when I attended the class I it. Page 46

wasn't able to park my car on the premises with a gun APOPKA -- It was a wild scene in Orange County in there. as a woman shoots an intruder while her boyfriend is “I don't want to do anything illegal ... so I just left tied up and deputies say a neighbor busted in with a the gun at home.” gun and also opened fire. Supporters of the new law say adult students who The incident unfolded on 18th street in Apopka. carry a handgun for self-protection reasons worried Neighbors said the man and woman who live in the about the risk of being arrested when leaving their gun home have four children, the oldest is 14. They in their car on a CareerTech parking lot. Most high believe the children were inside the home when their school students still will be unable to bring a gun in mother shot an intruder. their vehicles because persons must be at least 21 Deputies said two men broke into the home at years old to get a concealed carry permit. about 12:30 a.m. Witnesses said they were tying up “If we have car trouble or a flat tire at 11 or 12 the man inside, when his wife pulled a gun. o'clock on the way home, I'm just going to feel more Deputies said she exchanged gunfire with one of comfortable with that gun under the seat of the car,” the intruders, was shot in the arm, but kept firing. Oringderff said. Then, a neighbor rushed over and shot at the suspect The Oringderffs are planning to attend another until he was killed. session of classes next month. Police have identified the suspect as 28-year-old “This will be the first time that we'll be able to go Samuel Jaymorris Preston. to Tulsa and actually have the gun in the car,” he said. http://www.cfnews13.com/article/news/2011/november/3491 All 29 CareerTech superintendents opposed the 23/Deputies:-Suspect-shot-dead-in-home-invasion measure. They said their main concern is safety of students on CareerTech's 54 campuses, and that 11-11-25-MPD Says Burglar Shot and Wounded allowing guns on campus will not help provide a safe Friday - Meridian, Miss. and secure environment. The CareerTech system Meridian police say a burglar was shot after a provides education and training for adults and high homeowner came home to discover the intruder school students. Friday morning. Provisions in the new law are similar to existing Meridian police say a burglar was shot by a law covering colleges and universities. homeowner Friday morning. Gun owners who have concealed-carry permits Officials say the resident arrived home between must leave their handguns secured in their vehicles on 10:30 and 11 a.m. to find someone in his house in the college and university parking lots; written permission 2400 block of 37th Avenue. from the college or university president is required for Police spokesman Mike Vick said the homeowner the gun owner to carry the gun on campus. fired once, injuring the suspect in the hand. A CareerTech administrator would have to give "There was an additional person of interest outside similar written permission before the gun owner could the home that is being questioned now," said Vick. carry the gun on other parts of the campus. "And charges are pending on both of those Oringderff said gun-free zones invite trouble. individuals." “If they think that passing a law that says you can't Vick said he can't release the suspects' names until take a gun into a certain place is going to prevent they are formally charged with burglary. http://www.wtok.com/news/headlines/MPD_Says_Burglar_S violence, they're crazy,” he said. “You're not dealing hot_and_Wounded_Friday_134506578.html?ref=578 with people that are thinking rationally and they're going to be breaking other laws so I don't think they're 11-11-25 Retired Officer Fires Fatal Shot going to mind breaking that law. During Break-In “I don't see how this is going to increase the risk of DETROIT (WJBK) - A pair of would-be burglars danger to anybody because if somebody wanted to do pick the wrong house to rob on Detroit's West Side. something violent that little law is not going to stop Neighbors tell Fox 2 two men tried to break into a them.” home on the 9000 block of Coyle Friday afternoon. http://newsok.com/article/3626452 As it turns out, that home belongs to a retired

Detroit Police officer. Neighbors say when the 11-11-25-Deputies: Suspect shot dead in home suspects broke into the home, the man fired his gun, invasion Page 47

killing one of the suspects. The other suspect managed see someone or a group of someones who set your to run away and is still on the loose. Spidey senses tingling, leave. Friends of the retired officer tell us he spent 27 Alternatively or in addition, make a really loud years on the force. "We've been neighbors for a long phone call to a friend. “Hey honey I’m at Fort Gibson. time. He's a very friendly guy. He helps us watch our Yup Jack and the guys should be here any second. homes, it's just good to have a policeman in the They were supposed to be here ten minutes ago. No, neighborhood," John Lucas told Fox 2. Harry’s not on patrol today. He’s coming too.” People who live in the area say break-ins on the Third, be ready to fight. If someone or a group of block have been common in recent weeks. They say someones want your guns and they have a gun or guns they've called Detroit Police before, but officers never and you’re not in public view, you, sir, are in deep came to the neighborhood to follow up on those shit. Have your keys ready, watch for flanking reports. maneuvers and prepare for the worst. The shooting victim is believed to be a 20-year-old But most of all, again, never shoot alone. Predators man. Police have not released a description of the look for weakness; there’s nothing weaker than lone second suspect. It is still unclear at this time what will prey. No matter how badass you think you are, taking happen next for the retired officer who fired the fatal on a bad guy or pack of bad guys on your own puts shot. you on a hiding to oblivion. Where’s the fun in that? http://www.myfoxdetroit.com/dpp/news/local/retired-officer- http://www.thetruthaboutguns.com/2011/11/robert- fires-fatal-shot-during-break-in-20111125-as farago/self-defense-tip-never-shoot-alone/

11-11-25 Self-Defense Tip: Never Shoot Alone 11-11-24 Gun Issue Represents Tough Politics Warren Zevon famously asked his father for for Obama lawyers, guns and money. The latter two are perpnip. WASHINGTON – The Republican presidential If you’re carrying or holding firearms or folding, candidates leave little doubt about where they stand you’re a target for a violent attack. When you go to on gun rights. places where these items are acquired, traded or Rick Perry and Rick Santorum go pheasant hunting displayed, there’s a strong possibility that someone and give interviews before heading out. Newt will seek to relieve you of them without asking your Gingrich and Herman Cain speak to the National Rifle permission or exchanging anything worthwhile in Association convention. Michele Bachmann tells return. To wit this from [kirh.com]: “Wagoner County People magazine she wants to teach her daughters Sheriff Bob Colbert said 73-year-old Kenneth Payne how to shoot because women need to be able to of Wagoner [above] was shot multiple times and had protect themselves. Mitt Romney, after backing some at least four guns stolen around 8:30 a.m. while he gun control measures in Massachusetts, now presents was at the Fort Gibson Wildlife Management Area himself as a strong Second Amendment supporter. Shooting Range east of Wagoner on Toppers Road . . . President Barack Obama, on the other hand, is Payne was left for dead, but was able to call a virtually silent on the issue. family member on his cell phone for help, according He has hardly addressed it since a couple months to the Oklahoma Bureau of Investigation who was after the January assassination attempt on Rep. asked to help in the investigation by the Wagoner Gabrielle Giffords in Tucson, Ariz., when he County Sheriff’s Office. promised to develop new steps on gun safety in There are a couple of ways to avoid a shooting response. He still has failed to do so, even as Tucson range attack. First and foremost, never shoot alone. survivors came to Capitol Hill last week to push for Mr. Payne’s fate is not his fault per se, but his action to close loopholes in the background check decision to shoot at 8:30am all by his lonesome was system. the wrong one. Shooting at a public place is best Democrats have learned the hard way that accomplished when there’s a public with which to embracing gun control can be terrible politics, and the shoot. 2012 presidential election is shaping up to underscore Second, make sure that you and you ballistic BFFs just how delicate the issue can be. With the election keep a hot gun on your person at all times. Maintain likely to be decided largely by states where hunting is situational awareness; the “brothers in arms” “armed a popular pastime, like Missouri, Ohio or society is a polite society” thing is not a gimme. If you Page 48

Pennsylvania, candidates of both parties want to win trying to fog the issue through the 2012 election and over gun owners, not alienate them. deceive gun owners into thinking he's something he's For Republicans, that means emphasizing their pro- not, which is pro-Second Amendment." gun credentials. But for Obama and the Democrats, For gun control advocates, it adds up to frustration the approach is trickier. with Obama and the Democrats. The group Mayors Obama's history in support of strict gun control Against Illegal Guns argues that polling shows voters measures prior to becoming president makes it support certain gun safety measures like stronger difficult for him to claim he's a Second Amendment background checks -- although a recent Gallup poll champion, even though he signed a bill allowing also finds more support for enforcing current laws people to take loaded guns into national parks. At the than for passing new ones. same time, he's apparently decided that his record "Good policy here is good politics," said John backing gun safety is nothing to boast of, either, Feinblatt, an adviser to New York City Mayor perhaps because of the power of the gun lobby and Michael Bloomberg, who is a co-chair of the mayors' their opposition to anything smacking of gun control. group. "Unfortunately, for too long the administration The result is that while Republicans are more than has bought the conventional wisdom" that gun control happy to talk up their support for gun rights, Obama is bad politics. may barely be heard from on the issue at all. But the NRA outspends gun-control groups by "Gun control is a fight that the administration is not wide margins, and analysts say that when it comes willing to pick. They're not likely to win it," said time to vote, the gun issue is more likely to motivate Harry Wilson, author of a book on gun politics and gun rights activists than gun control supporters. director of the Institute for Policy and Opinion Since becoming president, Obama has been Research at Roanoke College in Virginia. "They extremely cautious on the issue. In his 2004 Senate certainly would not win it in Congress, and it's not race, for example, Obama said it was a "scandal" that likely to be a winner at the polls. ... It comes down to then-President George W. Bush didn't force renewal one pretty simple word: Politics." of the assault weapons ban. But Obama himself has Administration officials say they are working to done nothing to promote that issue since becoming develop the gun safety measures promised after the president. Giffords shooting, and they say have taken steps to Obama's commitment to act on gun safety may also improve the background check system. White House be complicated by an unrelated controversy over a spokesman Matt Lehrich says the White House goal is Justice Department program aimed at stanching gun to "protect the Second Amendment rights of law- trafficking into Mexico. The government lost track of abiding citizens while keeping guns out of the hands numerous weapons in connection with the program. of those who shouldn't have them under existing law." Obama has vowed to figure out what went wrong But when it comes to guns and politics, Democrats with the operation and make sure it's corrected, but haven't forgotten what happened in 1994. That year, with Republicans seizing on the issue to attack the President Bill Clinton was pushing for passage of a White House, the politics around taking action on landmark crime bill featuring a ban on assault guns hasn't gotten any easier. weapons, and then-House Speaker Thomas Foley, D- So for now, supporters who hoped to see Obama Wash., twisted Democrats' arms to get it through the adopt a stronger stance on guns and act in the wake of House. Come November, Democrats suffered the Giffords shooting look like they're going to be widespread election losses and lost control of the disappointed. "We haven't given up hope," said House and the Senate. Foley was among those Dennis Henigan, acting president of the Brady defeated, and Clinton and others credited the NRA's Campaign to Prevent Gun Violence, "but our campaigning with a big role in the outcome. And impatience is growing with each passing day." when the assault weapons ban came up for http://www.foxnews.com/politics/2011/11/24/gun- congressional reauthorization in 2004, it failed. issue-represents-tough-politics-for-obama/ Given that history, the NRA expects to see Obama Arkansas candidates stick to their guns treading carefully on guns through 2012. "It's bad politics to be on the wrong side of the 11-11-24 After Bark Alerts Wife, Husband Kills Second Amendment at election time," said Wayne Thanksgiving Intruder LaPierre, NRA executive vice president. "They're Page 49

Elijah Malanosky Shot Dead At Couple's Home In JEFFERSONVILLE — A second suspect in the West Pike Run Tonwship attempted armed robbery of a Jeffersonville WEST PIKE RUN TOWNSHIP, Pa. -- A man died convenience store was arrested early Wednesday during what was described as a home invasion early morning in Clarksville. Officials say Nicholas Thanksgiving morning in West Pike Run Township, Anthony "Breffe" LaCruze, 21, could be charged with Washington County. murder after his alleged accomplice died Saturday. State police said the shooting happened when a The Jeffersonville Police SWAT Team took man tried to enter a married couple's house on LaCruze into custody at approximately 2:45 a.m. after National Pike around 4:30 a.m. a two-hour standoff at River Chase Apartments, "He was confronted by the homeowner. The according to a Jeffersonville Police Department press homeowner was armed. He fired a single shot, striking release. LaCruze was booked into the Michael L. and killing the intruder," Lt. Chris Neal said. Becher Adult Corrections Complex for murder and The wife told Channel 4 Action News reporter class A felony armed robbery. Ashlie Hardway that she had gone to the living room According to police, LaCruze and Terry L. Wilson, couch because she couldn't sleep, and sometime 21, attempted to rob the Q-Mart at Allison Lane and during the night, she heard an unusual-sounding bark Middle Road on Nov. 17. During the attempted from her dog and saw a man trying to break in. robbery, a store clerk shot Wilson several times. He She said she called to her husband, who came died Saturday morning at University Hospital in downstairs with a gun and fired a warning shot first. Louisville. Then, she said, he fired another shot that hit the man, LaCruze appeared in Clark County Superior Court who police identified as Elijah J. Malanosky, 30, of No. 1 Wednesday morning where he requested and Cokeburg. was granted a public defender. Judge Vicki Coroner Tim Warco said the cause of death is a Carmichael ordered he be held without bond. single gunshot wound. A ruling on the manner of Under Indiana law, a person who commits armed death is pending investigation. robbery is legally responsible for anyone killed during State police in Belle Vernon are handling the case that robbery and may be charged with murder, and will consult with the district attorney before according to Clark County Chief Deputy Prosecutor deciding if any charges will be filed. Jeremy Mull. Police believe the intruder was alone, but they are LaCruze and Wilson are originally from Baltimore, checking out an earlier report that other people were Md., according to investigators. However, they have involved. been living in Clark County at least since this "We're looking into following up all possible leads, summer. Mull said it appears they may have recently including any co-conspirators who may be out there relocated to this area with family, although it is and may be taking part in the burglary," Neal said. unclear if Wilson and LaCruze are related. According Joel Pierce, a neighbor, was shocked when he to a probable-cause affidavit, LaCruze signed a lease heard about the fatal shooting in their quiet with French Quarters Apartments starting Aug. 4. community. The Q-Mart had been robbed three previous times "I've lived here 21 years. We don't even have since Sept. 5, and the BP gas station across the street break-ins or anything," Pierce said. "You know, a lot was robbed once during that time period. Those of us don't even lock our doors. Shouldn't say that robberies remain under investigation, but Wilson and now, but we have to lock them now." LaCruze are considered suspects in all of them. In June, Gov. Tom Corbett signed a bill to expand A concerned citizen contacted detectives a day Pennsylvania's so-called "castle doctrine" and widen after the shooting and said Wilson and LaCruze had the right for people to use deadly force as a means of been involved, according to the affidavit. The self-defense inside or outside their home. informant identified Wilson as the wounded suspect, http://www.wtae.com/news/29850880/detail.html#ixzz1fE2C and police confirmed that information using AOB4 fingerprint records. Detectives found a Facebook picture which showed 11-11-23 IN Second suspect arrested for LaCruze wearing a striped knit hat identical to one convenience store shooting found near the robbery scene, according to the Murder charge possible after wounded suspect dies affidavit. He also listed Sears as his employer. Page 50

During the investigation, police learned LaCruze neighborhood feud that he said might lead to more had been absent from work for approximately two violence against next-door neighbor Terrence Hurd, weeks. Under police direction, a Sears loss prevention 73. employee called LaCruze and asked why he had "There is undue risk that you will commit another missed work. crime and a strong propensity to visit violence on Mr. According to the report, LaCruze told her that he Hurd," Bell said. "I've tried everything I can think of had been sick and going through a rough time. When to keep this from escalating." his response was challenged, LaCruze asked the loss Bell ordered Miller to report to jail on Nov. 28 and prevention employee if she had seen the news. The said he intended to parole him immediately after a employee asked if he was talking about the week. convenience store shooting, and LaCruze responded For five years the Millers and Hurds were friendly that he could not talk about it. He added that he was neighbors. planning to travel to North Carolina. In court yesterday, both Terrence Hurd and Miller On Friday night, police searched LaCruze’s said the origins of their feud involved each other's apartment at French Quarters and recovered a “Chase” barking dogs that defecated in their neighbor's yards. duffel bag, a black nylon belt, money till, blue After a jury trial in September, Miller was bandana, black thermal vest, black leather jacket with convicted of a misdemeanor count of simple assault a hood and a live shotgun round. Those were for pushing Hurd to the ground during a videotaped consistent with items viewed in video surveillance confrontation on June 17, 2010, in the front yard of from the five robberies, according to police. the victim's Mohican Drive home. Wilson is seen in the Nov. 17 video brandishing a Two times before the trial Miller appeared before chrome semi-automatic handgun. Other weapons used judges after Hurd and his wife complained they were during the five robberies include a sawed-off shotgun, harassed by their neighbor. In court yesterday, the a tire tool and a second handgun. Hurds presented more videos and pictures that Mull said it appeared Wilson pointed the gun at the depicted Miller this month shining a flashlight into store clerk and motioned like he was trying to shoot. their windows late at night and just this past weekend Police are still investigating whether Wilson actually approach them at a wooden fence that separated the fired shots as was initially believed, but at this time, it properties. appears only the store clerk fired shots. Bell, frustrated by the ongoing behavior of both Police have said there are no plans to request Miller and the Hurds, who erected four security charges against the store clerk. cameras and numerous motion lights that shine toward Detectives received information LaCruze was their neighbor's home, chastised both parties after the staying in Clarksville, and a search warrant was sentencing hearing. executed Wednesday morning. Police found The judge compared the dispute to a Cold War additional items possibly used in the robbery. LaCruz Germany and the fence to the Berlin Wall. admitted being present and involved in the Nov. 17 "We're just getting to the point of absolute attempted robbery, according to the report. ridiculousness. What's it going to take for everybody LaCruz is scheduled to appear in court Monday to grow up in this case?" Bell asked. "This keeps afternoon for an initial hearing. The prosecutor’s going on and on and on. Somebody's going to end up office will formally file charges at that time. dead." http://newsandtribune.com/local/x229377160/Second- Miller, an 11-year veteran of the state police, had suspect-arrested-for-convenience-store-shooting been suspended, pending the outcome of his trial. Defense attorney Pat Thomassey said Miller has since 11-11-22 Former trooper from Hempfield gets been fired. jail in feud Miller told Bell he wants to avoid any more A fired state police trooper will spend a week in confrontations with the Hurds but has no means to jail for assaulting his next-door neighbor last year. leave the neighborhood, where he has lived since Christopher Miller, 42, of Hempfield was 2003. sentenced on Monday to serve seven days to 23 "I just want this all to end. I don't know why it months behind bars in what Westmoreland County won't. I've lost everything but my family. I've lost my Judge Al Bell called an effort to stem an escalating job. I never wanted it to come to this and I had no Page 51

intentions to hurt Mr. Hurd. I wish him no harm," "That just goes to show how desperate people are," Miller said. Gasiorowski said. "I haven't heard of anybody taking Miller has maintained he acted in self-defense the copper line from the AC units. But leave it to the when he threw Hurd to the ground and claimed he criminals to come up with a new way to do this." thought he was being attacked with a pickax. That http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsbur fight happened after Miller accused Hurd of making gh/s_768567.html#ixzz1eTWW9xn5 racial slurs toward his children, who are partially of Asian descent. 11-11-22 Gun charges dropped in Castle Before the trial, Miller rejected an offer from Shannon pharmacy robberies prosecutors to enter a jail diversionary program that A district judge agreed to drop gun charges against would have enabled him not to admit guilt and serve a former physician accused of stealing three times one year on probation. from a Castle Shannon pharmacy after police Thomassey said Miller could not accept that deal discovered the weapon he used to hold up employees and keep his job. was not a real gun. Outside the courtroom, Thomassey said the jail Patrick Sullivan, 37, of Mt. Lebanon, will head to sentence imposed yesterday was appropriate. trial on numerous charges including robbery, theft by "You've got to send a message out that you can't do unlawful taking and receiving stolen property. Mr. this," Thomassey said Sullivan, who told authorities he lost his license to Former trooper from Hempfield gets jail in feud - practice because of a drug problem, waived his right Pittsburgh Tribune-Review to a preliminary hearing today. http://www.pittsburghlive.com/x/pittsburghtrib/news/westmorela Police said he stole oxycodone, fentanyl and nd/s_768531.html#ixzz1eTYfqFMO syringes from the Lebanon Shops Pharmacy on three separate occasions. In the first, on August 21, police 11-11-22 Troy Hill man fires shot at copper thief said he broke in by digging a hole in a wall from an A former Pittsburgh police officer fired two shots unfinished construction site next door. Then, twice in this morning after confronting a man outside his Troy October, police said he held employees at gunpoint Hill home who was trying to steal parts of an air before making off with the drugs. conditioning unit. Lt. Jeffrey Korczyk of the county police, which Stephen Kardell, 67, woke up at about 4:30 a.m. investigated the robberies, said police searched his when motion sensors activated lights outside his home parents house and found the "gun" used in the crime in the 100 block of Rialto Place. He and his wife Pat, was not a firearm, leading police to drop those 67, also heard banging noises. charges. Kardell went outside with a .38-caliber revolver Tom Riley, the pharmacist and owner of the drug and found a man removing copper tubing from the store, said the robberies and theft have cost him unit behind the house. thousands. About $6,000 worth of inventory was "I said, 'Don't move or I'll kill you,'" Kardell said, stolen and he's had to purchase security cameras. and fired a shot into the ground as a warning. http://www.post-gazette.com/pg/11326/1191747-100.stm The former Marine then struggled with the man and fired another shot as he fled on foot. 11-11-22 10-year-old Wash. boy defends mom This was the third time someone attempted to steal with BB gun copper from the unit this week, Kardell said. BELLINGHAM, Wash. (AP) — Police in Pittsburgh police already had responded to the Bellingham, Wash., say a 10-year-old boy defended neighborhood at about 2 a.m. for a report of a prowler his mother from an attacker by shooting him in the outside a home in the 1900 block of Liedertafel Street. face with a BB rifle as many as four times. A resident heard a hissing noise and went outside in The man accused of the attack rents a room in the time to see a man running away. A portion of the woman's home and came home drunk and angry insulation had been removed from the copper pipe in Tuesday morning. Police say he kicked in a bedroom the air conditioning unit. door and started choking the woman. Air conditioning units are a new target for Officers say the boy hit the attacker with a board Pittsburgh copper thieves, said Sgt. Kevin and then shot him in the face with the pump-action Gasiorowski, who heads the city's burglary squad. BB rifle as he grappled with the woman. Page 52

The woman and boy were able to flee to a from the public on the study were allowed to be neighbor's home and call for help. submitted until May 1, 2011. The 45-year-old man was treated at a hospital and Many gun owners had been dreading the ATF’s arrested for investigation of assault and making death decision, knowing full well what ATF’s intention was threats. from the start. http://www.myconsolidated.net/news/read.php?id=18722064 For more info visit: http://tiny.cc/t2fob and search &ps=1020&cat=&cps=0&lang=en&src=email on the Phrase “shotgun”. Side bar: Interestingly Section 219 of the same 11-11-19 Little Noticed Provision Kills ATF appropriations bill forbid funds to be used to provide Sporting Shotgun Ban Plans working firearms to a drug cartel member. A year ago Manasquan, NJ --(Ammoland.com)- Saiga 12’s, before Fast & Furious came to light, that would have Benelli M4’s and virtually any other tactical/military seemed like common sense? shotgun can no longer be banned from import by the SEC. 219. None of the funds made available under ATF. this Act, other than for the national instant criminal A little noticed provision tucked into a large background check system established under section appropriations bill obviously flew under the radar of 103 of the Brady Handgun Violence Prevention Act, the “Brady Bunch” and the “Illegal Mayors.” may be used by a Federal law enforcement officer to The new law effectively kills ATF’s plan to stop facilitate the transfer of an operable firearm to an tactical/military shotgun imports by way of abusing individual if the Federal law enforcement officer the “sporting purpose” requirement and their agency knows or suspects that the individual is an agent of a rulemaking powers. drug cartel, unless law enforcement personnel of the The “Fiscal Year 2012 Agriculture, United… Commerce/Justice/Science (CJS) and http://www.ammoland.com/2011/11/19/little-noticed- Transportation/Housing/Urban Development (THUD) provision-kills-atf-shotgun-ban-plans/ Appropriations bills”, also known as the “Mini-Bus”, was passed by Congress, and signed into law by 11-11-18 IN Police identify man shot during President Obama on November 18, 2011. attempted robbery The new law reads as follows: Second suspect still on the run; reward offered SEC. 541. None of the funds made available by JEFFERSONVILLE — A 20-year-old Maryland this Act may be used to pay the salaries or expenses of man has been identified as the suspect shot by a personnel to deny, or fail to act on, an application for convenience store clerk during an attempted armed the importation of any model of shotgun if– robbery Thursday morning, Jeffersonville Police (1) all other requirements of law with respect to the Department Detective Todd Hollis said Friday. proposed importation are met; and Terry L. Wilson is in critical condition at (2) no application for the importation of such University Hospital in Louisville. Hollis said police model of shotgun, in the same configuration, had been identified Wilson on Friday morning using fingerprint denied by the Attorney General prior to January 1, records. 2011, on the basis that the shotgun was not Shortly before 4 a.m. Thursday, two men with their particularly suitable for or readily adaptable to faces covered by bandanas and hats attempted to rob sporting purposes. the Q-Mart at Allison Lane and Middle Road. The This new law became necessary due to the ATF clerk exchanged gunfire with the suspects. A firearm releasing on January 27, 2011, a “Study on the was recovered from Wilson. Hollis said they believe Importability of Certain Shotguns.” The “Study” the clerk acted in self-defense and no charges will be argued “military shotguns, or shotguns with common filed. military features that are unsuitable for traditional The store’s owner, who identified himself to a shotgun sports” should be banned from import into the reporter as Sammy Sam, said the same two men have U.S. robbed his store three times since Labor Day on Sept. The ban would have applied to all shotguns 5. The BP station across the street was also robbed including semi-autos, pump-actions, double barrels, during that time period. The men ride up to the store etc. As part of the rulemaking process, comments on bicycles with their faces covered and demand money. Page 53

Police are still searching for the second suspect, with four to five men who rushed into his home in whose identity is unknown. north Houston. Sam is offering a $500 reward to anyone who with Houston police said the men followed a woman as information leading to the suspect’s capture. Anyone she entered her home and forced their way inside. with information is asked to call JPD at 812-283-6633 They ordered the woman and other family members to or the anonymous tip line at 812-218-TIPS. lie on the floor, but the boy ran down a hallway http://newsandtribune.com/archive/x1938317708/Police- calling out for his father. identify-man-shot-during-attempted-robbery Police said the man came out of bedroom and exchanged gunfire with the attackers, who fled from 11-11-18-TX Mom charged in armed attack on the house. daughter Some of the men reportedly left in a tan or gold The mother of a teenage girl held hostage by home minivan they had driven to the house. Others ran. invaders early Friday has been implicated in the Later, police found two of the attackers with attempted break-in, where one of the attackers was gunshot wounds at LBJ General Hospital. shot by the girl's father, Harris County sheriff's One was treated and released to police custody. officials confirmed. The other is in critical condition. Deanna Horn was charged with aggravated robbery Both are expected to be charged with aggravated after two armed men grabbed her 14-year-old robbery, officials said. Police are searching for the daughter about 6:40 a.m. outside a home in the 9200 other gunmen. block of Woodland Oaks in northwest Harris County. http://www.chron.com/news/houston- Sheriff's officials late Friday declined to say what texas/article/Homeowner-foils-NW-Harris-County-break-in- Horn's alleged role was in the attempted home 2275997.php invasion, citing the investigation. Sheriff's officials said Matthew Hendricks and 11-11-18 Hoping to pull out big guns another man grabbed the teenager at gunpoint shortly Organizers hope that a safety initiative started by after she left home for school. Phoenixville Mayor Leo Scoda will pay dividends for "They held a gun to her head and said, 'Open the pistol-packing residents - as well as the general public door,'?" said Christina Garza, with the Harris County - during a gun buy-back. Sheriff's Office. From 10 a.m. to 2 p.m. tomorrow, the Phoenixville The girl's father was inside the house and heard the police - partnering with the Phoenixville Health commotion, Garza said. "He grabbed his gun and fired Foundation, the Crime Victim’s Center of Chester through the door." County and the Phoenixville Area Violence He then went outside to confront the attackers. Prevention Network - will be handing out $50 gift "Hendricks was still holding on to the girl, saying cards in exchange for guns. Multiple guns can be he would kill her," Garza said. turned in; however, the maximum payout will be The father then fired a second time, wounding $250. Hendricks in the abdomen. He was taken to Memorial To qualify for the incentive, guns must be intact, Hermann Hospital, where his condition wasn't known unloaded, and delivered in a clear plastic bag. For later Friday. He has been charged with aggravated more information on the procedure, visit robbery. http://www.phoenixville.org. Organizers said the guns The teenager was described as "shaken up" by the will be destroyed, not sold. ordeal but otherwise unharmed, investigators said. “We believe that one less gun on our streets is one Sheriff's detectives are continuing to search for the less potential death,” said Police Chief William second attacker, who fled after the father fired through Mossman. “This program will allow individuals to the front door. legally dispose of firearms that might otherwise be Friday's incident was the second in as many days in stolen and used for criminal activity and will remove which an area homeowner has opened fire and the danger of accidental discovery by a child.” wounded an attacker during a home invasion. Tax-deductible donations for the event are being On Thursday morning, a father and his 7-year-old accepted. Checks can be made payable to the son were wounded when the father exchanged gunfire Phoenixville Area Violence Prevention Network/CVC with a note stating “Gun Buy Back Project.” Anyone with questions about the event should contact Sgt. Page 54

Glenn Eckman at [email protected] or 610- oversaw all gun control decisions. “I made a legal 933-1180, ext. 817. mistake when I spoke to you three years ago,” http://www.philly.com/philly/blogs/chester_county/13411230 Cuccinelli said. “I thought any agency in Virginia 9.html went through the General Assembly for gun laws,” he said. In fact, that only applies to local governments, 11-11-18 'They're Crazy,' Cuccinelli Says of not to state agencies. GMU Officials Cuccinelli berated Virginia’s public universities for Virginia's Attorney General told gun rights lobbying themselves through the General Assembly advocates he considers the school's gun ban bad on an abbreviated legislative process. “Gee, it’s so policy that doesn't promote safety. inconvenient to participate in a democracy, especially The Virginia Citizens Defense League (VCDL) for those in the ivory towers,” he said. was certain Attorney General Ken Cuccinelli had sold “They have their own special regulatory process, them out. totally abbreviated,” he said. “They shouldn’t be “His opinion on the GMU ban went against us,” treated any differently than any other state agency.” said VCDL Vice President Jim Snyder in his Of the Republican’s taking control of Virginia’s introduction of Cuccinelli at Thursday night’s Senate after the Nov. 8 General Election, Cuccinelli membership meeting in the Mason Governmental said it wouldn’t make that much of a difference for Center. gun laws in the state. “We haven’t traded much up or Cuccinelli soon allayed the group’s fears: “As down on individual Senate gun votes,” he said. “It’s Attorney General I cannot undercut my client by not a conservative Senate, it’s a Republican Senate, going out and saying something like, ‘You’re idiots and no one knows that difference as well as I do.” for doing this.’ But the case is over, and I can now say Cuccinelli said the real struggle for gun rights is in I think they’re crazy.” committees. “There are going to be conservative In January 2011, the Virginia Supreme Court committee chairs,” he said. “Tommy Norment is not upheld George Mason University's prohibition against 100 percent on board with our issues, but he has done guns in campus buildings and at sports and pretty well as the Republican’s minority leader.” entertainment events. “I don’t expect Tommy to do what Dick [Saslaw] The Attorney General’s office had written a legal was doing—to make up rules to kill bills; because opinion supporting GMU. that’s what Dick was doing,” said Cuccinelli. “While a court opinion is a ruling, a legal opinion “Even before the 20 - 20 tie [between Republicans from the Attorney General’s office is our best estimate and Democrats in the Virginia Senate] you had what of what the Virginia Supreme Court would say if they amounts to a friendly Senate where bills do pretty got it right,” he said. well,” he said. “It’s the committees and Tuesday night Cuccinelli said of George Mason subcommittees where things were being killed. “ University’s gun ban decision, “The policy they’ve “Your issues are not party line issues,” he told the undertaken doesn’t achieve their goals for campus VCDL members. “You’ll always be working with safety.” Republican and Democrat voters.” “The role of the Attorney General is unique in that Cuccinelli said he wishes Virginia’s General all governing agencies, the governor, and legislators Assembly would bring gun laws back under their are my clients,” said Cuccinelli. “Because my first governance, and not allow agencies to decide for obligation is to the law, I end up with some opinions I themselves. He said this should be one of VCDL’s might not like.” goals for the next legislative session. “Let’s get rid of “It’s very important for us to maintain the the patchwork and see the General Assembly take credibility of the office, and for us to be legally right,” over all Second Amendment issues,” he said. said Cuccinelli. “At times, that can be a very awkward He said the Castle Doctrine should also be a goal. position.” “The Castle Doctrine says that once someone forces “Obviously in the GMU matter I was not in a place their way into your home, you may use all the force I wanted to be. I don’t like their policy, it’s not good necessary at the time to protect yourself,” he said. The policy,” he said. burden of proof shifts in favor of the person defending When Cuccinelli had met with the VCDL three themselves. years ago, he’d told the group the General Assembly Page 55

“I think we’ll get the Castle Doctrine this year. "You may wish to modify your employee That’s not a guarantee, but I do think we should be handbook rules that create a carve out for carrying okay,” he said. normal work tools … as long as they're not “Second Amendment issues are good issues for 'brandishing' them, waving them around in a people who want to get elected,” he said. “There’s threatening manner," Keeble said. been a revival with that in the last several years, and 3 primary options I’ve been glad to be a part of that.” Keeble said businesses and organizations have http://fairfaxcity.patch.com/articles/they-re-crazy-cuccinelli- three primary options, including: says-of-gmu#photo-8481247 » Allow concealed weapons — no signage needed, no need to change any written policy but your policy 11-11-18 WI Gun law poses little impact, should be clear to employees. speaker says Most importantly, Keeble said, by not prohibiting Posting concealed carry signs possible business concealed weapons, you are afforded statutory dilemma protection from liability based upon that decision. MANITOWOC — Bruce Keeble thinks all the talk The way the law is worded is intended as an about the state's new concealed carry law is much ado incentive for businesses to allow patrons to carry about virtually nothing. concealed weapons. "November 1 has come and passed and is the new » Prohibit concealed weapons and open carry, too, law of the land," Keeble, a claims consultant for AON if desired — then signs of a certain size and wording Risk Services in Green Bay, told a Friday audience must be placed at entrances. attending a Chamber of Manitowoc County-sponsored This prohibition can apply to visitors with program at Felician Village. employees exempt, if desired. "The sun is still rising in the east … there have "Unless you are referring specifically to the been no shootouts in the Manitowoc streets with concealed carry statute, stay away from using the term concealed weapons holders," Keeble told about 50 'concealed weapon' and instead use 'firearm,'" Keeble people attending "Concealed Carry in Wisconsin — advised those who want to ban all weapons from their Considerations for the Business Community." premises whether concealed or not. "You will be more confused when you leave than » Post an information-cautionary notice — such as when you came in … I promise you," Keeble told "ABC Corp., owner, discourages firearms on this those attending the program hosted by The Chamber's property." Safety Council. Keeble said this may not waive immunity but will Keeble noted Wisconsin has become the 49th state persuade people to voluntarily refrain from bringing to have some form of concealed carry with Illinois the weapons onto the property. lone holdout. He said AON does business in all 50 states, and He said it was very hard to get accurate statistics concealed carry legislation in the first 48 states has linked to the effect of concealed carry on crime rate. been a "non-event." But Keeble stated it appears the number of Manitowoc attorney Andrew Steimle offered a few concealed carry permit holders involved in gun- remarks to let businesses know they still have to be related offenses is minute. vigilant, no matter what option they might choose. But with 600,000 gun deer hunters in Wisconsin, He said if businesses allow weapons to be brought according to the Department of Natural Resources, into the workplace and they become aware of an and other enthusiasts of activities that include employee becoming unstable because of events firearms, Keeble understands the attention Wisconsin occurring in his-her life or having issues with co- Act 35 has generated, though he thinks it will workers, owners must address the personnel issue or dissipate considerably over the next few months. risk liability if something tragic occurs. Keeble noted that, under the new law, a concealed http://www.htrnews.com/article/20111119/MAN0101/11119 weapon may include a handgun, electric weapon, a 0613/Gun-law-poses-little-impact-speaker-says billy club and virtually any knife — including, for example, the box cutter that a grocery store stock 11-11-17 Suppressors-Good for Our Hearing . . . clerk may employ when shelving the dry cereal or and The Shooting Sports cans of baked beans. Page 56

When I was growing up in the 1970s, I shot as Our society is full of devices that muffle sound to often as I could and never considered hearing prevent hearing loss and noise pollution--firearm protection. I recall when I was 5 years old, my father sound suppression is no different. and his friend handed me a two-inch .357 Magnum While American gun owners don't often point to and challenged me to hit a Montana coyote on the far Europeans as providing an example that should be hillside. I launched all five shots and, to the joy of my followed, their use of suppressors is an exception. In audience, came remarkably close to ending the many of the countries "across the pond," the use of coyote's rabbit-munching days. Needless to say, the these noise-attenuating devices is actively encouraged. experience left my ears ringing for a while and I Buying "moderators" (their term for suppressors) from wondered if they would ever return to normal. a hardware store is often no different than buying a We hear the same story from countless hunters and hammer or a screwdriver. They are not always subject shooters who might not realize that a lack of hearing to the same draconian regulation that they are here in protection can result in lasting hearing loss--until it's the United States. too late. Billions of dollars are spent every year in our Firearms are usually defined as a weapon by which healthcare system for hearing loss conditions, such as a projectile is discharged by gunpowder. Strangely, shooting-related tinnitus. Fortunately, the days of suppressors are also considered "firearms" in the sophisticated electronic hearing protection are upon United States and regulated pursuant to the 1934 us. These little battery-powered marvels amplify the National Firearms Act (NFA). In order to acquire a good sounds (range commands) while still providing a suppressor, a purchaser must complete the appropriate significant degree of protection. The truth is, however, NFA paperwork, undergo a background check, find a that even with quality devices like these, shooting can licensed dealer authorized to conduct the transaction still cause damage to our hearing. and pay a one-time $200 tax for each device. Sound suppressors attached to firearms (less Recently, Michigan became the 39th state to accurately called "silencers" in federal law) are an legalize suppressor possession. The 11 states that additional tool available to help protect our hearing prohibit their possession and use, along with many and are quickly gaining in popularity throughout the other states that bar their use during specific activities country. Although few may realize it, suppressors are such as hunting, are essentially mandating that not a new innovation. The Maxim Silencer Company firearms produce as much inner-ear-destroying noise opened its doors more than a century ago. Teddy as they possibly can. This doesn't happen with cars, Roosevelt is reported to have used one on his motorcycles, airplanes, air conditioning units, Winchester Model 94 at his Long Island home in dishwashers, construction equipment or anything else order to avoid disturbing his neighbors while that comes to mind. There is no logical reason for dispatching varmints. However, recent advances in firearms to be singled out when it comes to our desire technology and manufacturing capabilities have made to make things quieter. them more available and appealing to the shooting While hearing protection during routine shooting masses. practice is arguably the most important benefit Unfortunately, too many Americans (including suppressors offer to civilian shooters, there are a some gun owners) still fall victim to the unfair number of others that deserve mention. Without a portrayals by Hollywood. Although "silencers" are doubt, they help many shooters increase accuracy. almost exclusively put in the hands of James Bond or Humans have a primordial fear of loud noise that assassins on the silver screen, in reality suppressors contributes to the most common cause of missed are commonly used by hundreds of thousands of law- shots--trigger flinch. The less noise a gun produces, abiding citizens who appreciate the many benefits of the less likely a shooter is to flinch just before the shot reducing harmful sound. They are virtually never used breaks. Felt recoil is another contributor to flinch and in the commission of crimes today, and criminal the weight of suppressors helps to reduce this. More misuse carries severe penalties. The sound- accurate shooting in the field means fewer wounded suppressing devices don't make firearms silent but and lost animals--a good thing for hunters and they do help mitigate the otherwise damaging and wildlife. disturbing noise. Noise complaints are causing closures of shooting ranges, informal shooting areas and hunting lands throughout the country. This is a trend the NRA and Page 57

its members spend untold resources fighting. http://www.nraila.org/Issues/Articles/Read.aspx?ID=474 Increased use of suppressors on ranges and hunting lands will work to decrease these detrimental 11-11-17-TN Victim Wounds Suspected Robber complaints. It is worth noting that keeping his target Chattanooga Police are still investigating an shooting from disrupting neighbors was what attempted robbery and shooting that occurred motivated Hiram Maxim to begin the country's first Thursday morning at 4409 Drummond Drive. Calvin commercial production of suppressors. McGhee called police immediately after the shooting In addition, the use of suppressors in a home and said that two black males attempted to rob him as defense scenario cannot be discounted. Shooting any he was leaving for work. The two men pulled guns on firearm in an enclosed space, such as a hallway or McGhee. McGhee then pulled his own gun and fired small room, sends shock waves to your core. The tiny at both suspects, hitting at least one of them. components of the inner ear get pummeled. Of course, McGhee describe the suspects as two young black prevailing in a life threatening scenario is the first males wearing all black clothes. One was believed to priority, but it should not come at the cost of living the be at least 6 feet tall and the other around 5’07. remainder of life with a significant hearing disability Moments after the call was reported to police, if it can be avoided. responding officers were advised of a shooting victim Finally, those of us who have tried and failed to who’d just shown up at a local hospital. The victim find an adequate way to protect our hearing while seemed to match the physical description of one of the hunting can benefit from suppressors, especially while suspects described by McGhee. hunting in a fixed location such as a stand or blind The shooting victim was identified as 25-year-old where the extra weight is not a detriment. My current Brandon Foster. He is being treated for a gunshot practice is to rest plugs in my ears so that my ability to wound to the abdomen which do not appear to be life detect the sounds of approaching game is not threatening. Investigators are working to verify that hindered. As I consider a shot, I fully insert them. Of Foster is one of the involved suspects and trying to course, things occasionally happen too quickly for me determine who the other suspect is. McGhee was not to implement my best laid plans and damage is done. injured in the incident and no charges are expected to Use of suppressors in these instances would certainly be filed against him. reduce the probability of harm. http://www.newschannel9.com/news/police-1006631- attempted-left.html Some will argue that the legalization of suppressor use while hunting will increase the incidents of 11-11-17-The 2nd Amendment in action - GA poaching, but the experience of the many states that A couple of alleged burglars should be counting allow the practice clearly proves them wrong. Would themselves very fortunate. Recently, two men, ages 23 these opponents mandate the use of the .338 Lapua and 25, illegally entered a home in Fayette County. with a muzzle brake in order for shots to be heard They were met by the homeowner, who was armed. from the greatest possible distance? Is the diminutive The homeowner, showing great restraint, in my .243 Win. Simply too quiet? As one suppressor opinion, held the pair at gunpoint until sheriff’s advocate in Montana asked earlier this year during the deputies arrived to take them into custody. Another legislative session, should all bow hunters be required man, age 23, was also arrested as part of the scheme. to sound an air horn every time they release an arrow Perhaps the trio imagined themselves in one of in order to alert any nearby wardens? those “blue states” where the Second Amendment is The reality is, the less muzzle noise heard by the only a memory. Or maybe they just didn’t know that, non-hunting public, the better off we all are. in the state of Georgia, 400,000 citizens hold licenses It's time that policymakers--legislators, wildlife to carry concealed weapons. commissioners and gun club board members--move to As of May 2009, the total troop strength of the eliminate the laws, regulations and policies that United States Marine Corps was only 203,095 officers discourage or prohibit suppressor use. In addition to and enlisted personnel. So, Georgia has nearly twice decreasing the incidents of permanent hearing loss, it as many armed citizens carrying concealed weapons will help keep the shooting sports alive and well by as the United States has Marines. decreasing the calls to close shooting areas and That 400,000 figure doesn’t take into consideration hunting lands. Suppressors may not be for everyone, the number of people who carry firearms without a but that's the best aspect of freedom--it is your choice. valid license and it doesn’t take in to account Page 58

homeowners who own pistols, rifles, or shotguns and Liberty University enacted a policy allowing are not required to have an ownership permit. visitors, students and staff who have concealed One does not have to register firearms in Georgia. weapons permits to carry guns on campus. If one is not a felon or a person specifically restricted The policy, approved Friday by the Board of from owning firearms, one can own a gun. Or two. Or Trustees and announced to students Wednesday, ten. replaces a complete ban of firearms on university Or as many as one wants. grounds. All this means that, if you are a bad guy bent on Visitors are now permitted to store their weapons mayhem, you do it in Georgia at your own very great in locked cars, while students can apply for risk. The chances are far better than winning the permission from campus police to carry a gun on the lottery that the home you illegally enter is protected outdoor grounds or in a locked car. Both groups must by people who own guns. The chances are also pretty have concealed-weapons permits and are prohibited good that the intended victim of a robbery or assault is from bringing firearms into any campus building, packing heat. including dormitories, stadiums and academic halls. The amazing thing about the Fayette County The policy also permits some faculty and staff to attempted burglary is that a couple of bad guys were carry weapons inside buildings, with permission not sent to their eternal reward or to whatever awaits granted on a case-by-case basis by campus police. burglars. Liberty now has the most lenient firearms policy Some so-called “progressives” will no doubt among local colleges and universities. Lynchburg lament that I, a man of the cloth, approve of the College, Randolph College and Central Virginia Second Amendment. My understanding from scripture Community College do not permit anyone except law and from common sense is that I, as the head of the enforcement to carry firearms. At Sweet Briar home, have a moral and ethical responsibility to College, a rural campus that includes faculty and staff protect my family from harm. homes, firearms are highly regulated but sometimes The Apostle Paul said, “But if any provide not for allowed for hunting with a college-issued permit. his own, and specially for those of his own house, he Liberty Chancellor Jerry Falwell Jr. said the new hath denied the faith, and is worse than an infidel.” (1 policy will enhance campus safety while increasing Timothy 5:8 KJV). I assume that “provision” includes convenience for visitors and students who have the protection from evil-doers. I cannot expect my proper permits. neighbors or the police to do it. “It adds to the security and safety of the campus By the time the police hear about a situation, it is and it’s a good thing. If something — God forbid — usually over — their role is to investigate the crime ever happened like what happened at Virginia Tech, and to try to locate and apprehend the perpetrators ... there would be more than just our police officers who after the fact. would be able to deal with it.” I know that most police cars have “to serve and to Col. Richard Hinkley, Liberty’s longtime chief of protect” painted on their patrol cars. To “serve,” yes. police, said while he supports the policy, it has raised To “protect,” not so much as one might wish. So, if I some concerns among his officers. With more guns on am the only person standing between people of bad campus, the risk of an accident is greater, he said, intention and my family, my role is clear. The goal is adding the stakes are especially high when dealing to protect the family and survive the encounter. with an extreme situation, like an armed gunman. The men arrested in Fayette County had the “If we get an active shooter situation, there may be misfortune to invade the home of a man determined to other people with guns. That will be a concern of the protect himself, his family, and his home. They were officers responding: Which one is really a bad guy?” fortunate they were not killed. Hinkley also worries students may become http://www.thecitizen.com/blogs/david-epps/11-17-2011/2nd- desensitized to seeing guns on campus and fail to amendment-action report something that would have been suspicious in the past. 11-11-16 Liberty University OKs concealed guns “My biggest fear is that kids get used to guns being on campus here, see one on somebody and not call and that be the person that was walking in to shoot someone or do harm to someone else,” Hinkley said. Page 59

Lifting Liberty’s firearms ban has been a hot- Cody May, president of LU’s Student Government button issue in recent years, especially after the Association, said in a written statement the new policy Virginia Tech massacre in April 2008 that left 33 is “a balanced approach to such a ‘controversial’ dead, including the gunman. A small but vocal band topic. of LU students who align with the activist group, “The new concealed carry policy is an important Students for Concealed Carry on Campus, raised the milestone at Liberty University ... I think it allows issue with the student government association at least students who are trained and licensed to carry a two times in the past three years. concealed weapon the freedom to exercise their In the spring of 2009, the trustees voted down a Second Amendment rights,” May said. proposal authorizing students with valid permits to http://www2.newsadvance.com/news/2011/nov/16/5/liberty- bring guns into classrooms and dormitories — a university-oks-concealed-guns-campus-ar-1463719/ scenario that still causes unease among many university officials. 11-11-16-OR Pub employee wounds would-be “We all pretty much decided that’s not a good robber thing,” Falwell said. “With young people in close Police say suspect shot while threatening patrons proximity, guns in dorms where there’s a lot of 18- with a loaded rifle year-old residents, it just didn’t sound like a good A man who police say was trying to rob the Mt. scenario.” Scott Pub was shot and wounded early Wednesday The new policy was more appealing because its morning by a pub employee. narrow scope still bans students from carrying guns in Police said the 30-year-old man suffered a non-life residence halls and classrooms, said Falwell. The threatening wound to his leg. His name and condition board passed it with a unanimous vote. were not immediately released. Liberty senior Craig Storrs, who spearheaded the According to police, an employee of the pub at student effort to lobby for a policy change, said he’s Southeast 72nd Avenue and Woodstock Boulevard “over the moon” at the university’s decision. called police at about 12:43 a.m. and said he had shot “I thought I’d be graduating and still having to a person attempting to rob the business at gunpoint. fight for it because it is a very controversial policy and When officers arrived, they learned the suspect not a lot of schools are willing to take the risk,” said entered the pub with a loaded sawed-off rifle and Storrs, who expects to receive his concealed weapons demanded money from the bartender. The bartender permit by January. fled to the back room and the suspect chased him, “It makes me feel secure knowing I would be able then came back into the bar and opened the till, took to defend myself if something does happen, like money, and continued to threaten patrons with the Virginia Tech or if I get stopped on the street for a rifle. mugging or something like that.” A second employee, Ormand "Stub" Fentress, 57, Falwell added the policy aligns with Liberty’s retrieved a gun from the bar and fired multiple shots at conservative values, and noted the dozens of colleges the suspect's lower body, hitting him and causing him allow some form of conceal carry on campus. to fall to the ground. “I think it’s consistent for a school, for a student Fentress held the suspect at gunpoint until police body that’s strongly in favor of the Second arrived. He was transported to an area hospital with Amendment. . . to have policies that are at least as non-life-threatening injuries. lenient as a number of other universities.” The suspect is still in the hospital. His name will be Liberty expects to finalize the form allowing released when he is arrested and booked into jail. The students, faculty and staff to carry guns on campus by pub employees are cooperating with investigators. http://www.portlandtribune.com/news/story.php?story_id=13 Dec. 1, Hinkley said. 2145691950928500 Students, staff and faculty will have to pass a comprehensive background check and meet high 11-11-16 ATF testimony admits many character standards, in addition to the state’s unregistered machine guns allowed by ruling requirements for a concealed weapon permit. Alcohol Testimony in the case of US v ONE HISTORIC citations, honor code violations and other infractions ARMS MACHINE GUN revealed there are untold will automatically disqualify students. numbers of unregistered machine guns currently owned by Americans that the Bureau of Alcohol, Page 60

Tobacco, Firearms and Explosives not only knows spoken to former employees and the former owner of about, but actually created the conditions whereby this the company in question estimates “Approximately situation exists. 50,000 were manufactured prior to the cut-off.” Mike Vanderboegh explains at Sipsey Street It’s absurd. These are people who will put you Irregulars: away over a malfunctioning semiautomatic rifle that, Let me draw your attention to the sworn testimony with prompting and the right ammo, they can of one Richard Vasquez, ATF Assistant Chief, manipulate to dangerously slam fire. And these are Firearms Technology Branch… from a deposition on people who confiscate Airsoft guns on the grounds 10 September 2009… that "With minimal work it could be converted to a The relevant testimony excerpt is included in the machine gun.” sidebar slide accompanying this column. The relevant One question is automatically raised by this: ATF ruling to consult is 82-8. And the relevant Why does one group of machine gun owners get information to take away from that is this: privileges and immunities not afforded to all machine The National Firearms Act, 26 U.S.C. § 5845(b), gun owners? defines a machine gun to include any weapon which And even more basic: shoots, is designed to shoot, or can be readily restored If ATF allows 50,000 or so of these firearms to to shoot, automatically more than one shot, without exist “off the books,” and there’s evidently no manual reloading, by a single function of the trigger. problem with that, what’s the whole point of making And: gun owners jump through hoops, pay to exercise what Held: The SM10 and SM11A1 pistols and the SAC is supposed to be their unalienable right to keep and carbine are designed to shoot automatically more than bear militia-suitable arms, and have their lives one shot, without manual reloading, by a single destroyed if they’re found noncompliant? function of the trigger. Consequently, the SM10 and Such firearms are either extra special dangerous SM11A1 pistols and SAC carbines are machine guns requiring extra special controls or they’re not. And as defined in Section 5845(b) of the Act. based on results, this challenges the whole(admitted) So that makes them NFA weapons, right? And reason behind the NFA 34 registration/tax ones not registered on the National Firearms requirement, the FOPA 86 manufacturing date cutoff Registration and Transfer Record (NFRTR) are illegal with resultant artificial inflation of firearm prices, and to own? the entire justification being used to strangle the Well, not exactly: Firearms Freedom Acts movement in its crib. With respect to the machine gun classification of It’s just another example of the ongoing federal the SM10 and SM11A1 pistols and SAC carbines, con job to infringe on our rights, keep gun owners under the National Firearms Act, pursuant to 26 under their boot and amass self-serving power by U.S.C. 7805(b), this ruling will not be applied to falling back on the fraudulent excuse of public safety. SM10 and SM11A1 pistols and SAC carbines http://www.examiner.com/gun-rights-in-national/atf- manufactured or assembled before June, 21, 1982. testimony-admits-many-unregistered-machine-guns-allowed-by- ruling Accordingly, SM10 and SM11A1 pistols and SAC carbines, manufactured or assembled on or after June 11-11-15 Canada Gun registry isn't effective 21, 1982, will be subject to all the provisions of the gun control: Toews National Firearms Act and 27 C.F.R., Part 479. OTTAWA -- Critics who want to keep the long- You got that, right? They’re the same gun. If you gun registry are confusing it with gun control, the put one produced before the deadline and one public safety minister says. produced after it side by side, you would not be able "I believe in gun control, effective gun control," to tell the difference. They would look and function Public Safety Minister Vic Toews told a House of identically. Own one without registration and you’re Commons committee Tuesday. The MPs are fine. Own the other without registration and you’re examining Bill C-19 -- which would obliterate the looking at serious time in the federal slammer, as well long-gun registry -- as it makes its way through as becoming a “prohibited person”-- for life. parliament and into law. Assuming you survive the arrest. Toews took aim at the NDP, saying they are stuck And how many of these unregistered machine guns on making people only "feel safe, not actually be are out there? A reliable source who tells me he’s safe." Page 61

The former Attorney General for Manitoba also Sheriff Mullen requested bomb- and gun-sniffing said the Opposition was blurring the lines between K-9s from his office, and the city conducted a sweep registration, classification and licensing of weapons. of the courthouse after the incident to ensure no "You're confusing, whether deliberately or not, the weapons had been taken into the building. None was registry with effective gun control," he said. found, he said. Toews reiterated all of the information contained Mr. Thomas was arrested after Assistant District within the registry files will be destroyed. Attorney Jerry Johnson found him coming out of Some groups, however, want to see the registry to prosecutors' offices on the fourth floor about 5 p.m. stay. Sunday, according to the sheriff. "Since the Firearms Act was introduced, the rate of Mr. Johnson approached the man, who the sheriff women murdered by a firearm by an intimate partner said became agitated. has decreased by 69%, that's not just making women When the man could not prove he was permitted in feel safe, it's making them be safe," said Barbara the building, sheriff's deputies were called and Mr. Byers of the Canadian Labour Congress. Thomas was arrested. Conservatives have vowed to scrap the registry for Allegheny County Police Superintendent Charles years. The registry compels owners of shot guns and Moffatt, whose department oversees courthouse hunting rifles to register them with the government. It security, said the breach was not related to procedure is wildly unpopular in rural and western Canada and but to an employee not performing adequately. the Tories say it has cost nearly $2 billion dollars. A door was left open was supposed to be "This is like payday after 17 years of work," said monitored by one of the courthouse guards, but that committee member and veteran Conservative MP person appears to have been out of position, he said. Garry Breitkreuz, from Saskatchewan. He coined the An investigation is being conducted to see exactly phrase "criminalizing farmers and duck hunters" often what occurred, the superintendent said. used in the debate. Investigators recovered a number of items from The majority Conservative government hopes to Mr. Thomas that were believed to have been stolen have the bill passed into law by Christmas. from the district attorney's office, the chambers of http://www.torontosun.com/2011/11/15/gun-registry-isnt- Judge Jill E. Rangos and other buildings Downtown. effective-gun-control-toews Pittsburgh police Sgt. Kevin Gasiorowski said his burglary squad is familiar with Mr. Thomas, who has 11-11-15 Man breaches security at Allegheny been arrested at least 20 times since 1994. County Courthouse http://www.post-gazette.com/pg/11319/1190004- A breach in security at the Allegheny County 53.stm#ixzz1eTJBtRPT courthouse on Sunday allowed a man with a lengthy criminal history of burglaries, trespass and theft to 11-11-15 REWARD OFFERED: ATF & State walk through a door left ajar and then wander Police: 90 Guns Stolen from York County Gun unencumbered through a number of offices to steal Shop -Some of the weapons were fully automatic small electronics and other items, officials said. SHREWSBURY TOWNSHIP, York County— County Sheriff William Mullen, whose office is UPDATE: A $10,000 reward is being offered for leading the investigation against Antonuan Thomas, information leading to the arrest of the suspects 41, of Homestead who was arrested in the case, said responsible for stealing 90 guns from a gun store in the suspect is considered to be a "serial office building York County. Originally State Police reported that 50 burglar." guns were taken when thieves forced their way into However, had his plans been more nefarious, the the Gun Bunker in Shrewsbury. The incident sheriff said the breach in security could have been happened sometime between 3 a.m. and 6 a.m. on "catastrophic." Sunday morning. We have been told the alarm did go "That's what we were most worried about," the off when the intruders broke through a wall at the sheriff said. "It could be catastrophic if someone shop. smuggled a gun in here" in an effort to facilitate a Local businesses are worried about the safety defendant's escape or to possibly harm a judge, precautions that may or may not have been taken. attorney or witness. Page 62

"All of these guns are out illegally and I am sure an ABC News interview with Rep. Gabrielle Giffords, they will be sold illegally," said Susan Barts, owner of who was critically injured in a January shooting. Flowers by Laney, a business nearby. "Support for handguns, or rather support for a "Any amount of weapons that end up on the street, handgun ban has gone down," Wagner noted as she in the hands of criminals, concerns us," said opened her panel discussion, entitled onscreen "Out of Pennyslvania State Police Trooper, Michele Davis. Control?". "In October of 2011, it was at 26 percent. "Gun thieves are a principal source of firearms for In 1959, it was at 60 percent." criminals who threaten public safety," said ATF "Gun violence increases and yet people still believe Philadelphia Field Division Acting Special Agent in handgun bans are bad. What's the logic there?" the Charge Essam Rabadi. "ATF is dedicated to ensuring liberal Center for American Progress alumna our communities are a secure place to live and work. demanded [MP3 audio here; video follows page We ask the public to provide any information that break]: would aid investigators in recovering the stolen After Newsmax's Jedediah Bila -- the panel's token firearms and arresting those responsible for the theft." conservative -- noted that gun control disarms law Anyone having information should call the ATF abiding citizens and held up Washington, D.C.'s Hotline 1-800-ATF-GUNS (1-800-283-4867) or stringent gun laws as evidence thereof, Wagner turned email: [email protected]. to colleague Martin Bashir to help her out: Original Story: State police and federal ATF agents WAGNER: Martin, you're from the more are investigating a burglary where fifty guns and over intelligent side of the Earth -- [laughter from $900 in cash were stolen from a York County gun MARTIN BASHIR] store. WAGNER: Where they have different gun control "Nobody wants that type of thing happening in an laws and I wonder what you make of America's area like this," said Theresa Wilson, who lives nearby. cultural sort of fixation on -- Troopers said the suspects broke into the Gun BASHIR: You shouldn't be asking me, because the Bunker Gun Shop along the first block of East Forrest attacks that are going to come on Twitter and Avenue in Shrewsbury Township between 3 a.m. and Facebook are going to be overwhelming. 6 a.m. Sunday morning. WAGNER: Oh, come on, that's the whole point of The suspects first attempted to break into the rear this show! of the building by chiseling out cinder blocks. When **Bashir went on to praise how his native country, that didn't work, they chiseled out a steel-covering the United Kingdom, has been swift to enact stringent over a window. Once inside the suspects took over gun control laws following school shootings. $900 in cash and 50 guns. State police say 5-6 of the "I feel like the dialogue around gun control is very guns were fully automatic. much dominated by the NRA and the pro-gun lobby," "Especially the amount of money they could get for Wagner griped to retired U.S. Army Captain Wes that, somebody's desperate enough to do that," said Moore. For his part, Moore blamed "money" and the neighbor Michael Hamulack. "size of membership" of the National Rifle Anyone with information in regards to the burglary Association. is asked to contact State Police at 717-428-1011. Wagner replied that it "can't just be money" but http://www.fox43.com/news/wpmt-gun-shop-burglary- that gun ownership is "too embedded in the American shrewsbury,0,4466114.story cultural psyche" but complained that "it's hugely puzzling to me" that "the New York Times" can report 11-11-15 MSNBC's Alex Wagner Grouses That on convicted felons who've regained their gun rights Americans Are Too Pro-Gun, As Opposed to and yet there's "no broader conversation" about "who 'Intelligent' Brits gets to own a gun." Brand new MSNBC host and Second Amendment For his part, panelist John Heilemann theorized critic Alex Wagner devoted a segment of her that a drop in violent crime has made "gun violence" November 15 Now with Alex Wagner program to largely "theoretical" to most Americans. express her exasperation at the fact that she's far left "The urgency around it is leached out because of of the American public on the issue of gun control. the fact that there's actually, in a paradoxical way, a Wagner prefaced a panel discussion with footage of very big good news story that's happened with respect to crime in America," Heilemann added, failing to Page 63

grasp that widespread civilian gun ownership and Therefore, it is illegal for an individual to replace liberalized concealed carry laws have contributed to a deteriorated material within an already- registered drop in crime. suppressor without an approved ATF Form 1, http://newsbusters.org/blogs/ken- ‘Application to Make and Register a Firearm,’” along shepherd/2011/11/15/msnbcs-alex-wagner-tag-teams-martin- with a “$200.00 making tax” and “a ‘no-marking’ bashir-complain-americans-are-too- variance…since there is no viable area in which to

apply a serial number to the sound-absorbing 11-11-15 NB Self-defense: Teen hunter kills material.” mountain lion And further, an otherwise-lawful owner of a If a mountain lion had gotten to within 10 feet of registered silencer probably ought to find something me when I was 15 years old, I might have soiled my else to clean pots and pans with, as possession of an pants. Kudos to this kid for keeping his head and unspecified quantity of Chore Boy cleaning pads doing what needed to be done. could be considered a “stockpile.” From the Associated Press: The letter is presented in the slideshow LINCOLN, Neb. (AP) — The Nebraska Game and accompanying this column. The name and address of Parks Commission says a 15-year-old deer hunter shot the recipient attorney has been blacked out because and killed a mountain lion that was only 10 feet from his office was not the source providing the letter to him. Gun Rights Examiner. The boy, of Wayne, shot the cougar Saturday near http://www.examiner.com/gun-rights-in-national/atf- Creighton in northeast Nebraska. Officials say he was classifies-chore-boy-pot-scrubber-pads-nfa-firearms hunting a shelterbelt in Knox County and spotted the mountain lion 10 feet away before shooting it. 11-11-14 Father accidentally kills himself in Mountain lions are protected year-round in front of children at grocery store Nebraska, but may be killed if threatening people or SPOTSYLVANIA COUNTY, VA (WTVR) - A attacking livestock. Officials say no charges will be father accidentally shot and killed himself at the filed, as evidence indicated the shooting was in self- grocery store Sunday evening, according to the defense. Spotsylvania County Sheriff's Office. A commission expert says the mountain lion was a The father, a 45-year-old Spotsylvania man, was in young male. The cougar’s carcass was turned over to his minivan with his children waiting for his wife to Game and Parks officials, as required by law. return a DVD to the Redbox outside the Giant Food http://blogs.wvgazette.com/johnmccoy/2011/11/15/self- Store in Harrison Crossing when he was shot, said defense-teen-hunter-kills-mountain-lion/ Captain Elizabeth Scott with the Spotsylvania County

Sheriff's Office. 11-11-15 ATF classifies Chore Boy pot scrubber The wife said she heard a pop and when she ran pads NFA firearms back to the minivan, her husband told her he thought The Bureau of Alcohol, Tobacco, Firearms and he'd shot himself, said Capt. Scott. [UPDATE: Police Explosives Firearms Technology Branch has deemed say shooting victim had gun tucked in waistband] “Chore Boy copper cleaning pads, along with A family friend says the couple has four children fiberglass insulation,” a firearm, subject to registration under the age of 12, including an infant. and a $200 transfer tax, an official letter obtained When a Spotsylania County Sheriff's Deputy recently by Gun Rights Examiner reveals. The arrived on scene minutes after the shooting, the man's response to an attorney inquiry by John R. Spencer, wife and others in the Giant parking lot were trying to Chief, Firearms Technology Branch, offers one of the revive the man. more creatively restrictive assessments since ATF The deputy reported the man suffered significant declared a shoestring to be a machinegun. blood loss and was already unconscious when he The rationale Spencer uses: arrived. The man was later pronounced dead at Mary A silencer is a firearm per U.S. Code, subject to Washington Hospital, said Capt. Scott. National Firearms Act registration and transfer tax She said the initial investigation indicated when the requirements. man tried to unbuckle his seat belt, he hit the trigger “[S]ound/gas absorbing materials manufactured of his .40 caliber glock and shot himself in the hip. from Chore Boy copper cleaning pads, along with fiberglass insulation, constitute a silencer…” Page 64

It is unclear whether the man carried his gun in a 11-11-14 Felons Finding It Easy to Regain Gun holster or his pocket. The family friend says it likely Rights was loose in his pocket. It has also not been In February 2005, Erik Zettergren came home from determined whether the man was a licensed gun a party after midnight with his girlfriend and another owner, however his wife indicated to investigators she couple. They had all been drinking heavily, and soon knew he carried a weapon with him from time to time, the other man and Mr. Zettergren's girlfriend passed said Capt. Scott. out on his bed. When Mr. Zettergren went to check on "If you're going to carry a concealed weapon, put it them later, he found his girlfriend naked from the in a reputable holster," Capt. Scott said when asked waist down and the other man, Jason Robinson, with about general gun safety tips. his pants around his ankles. The Spotsylvania County Sheriff's Department is Enraged, Mr. Zettergren ordered Mr. Robinson to continuing to investigate the shooting to determine leave. After a brief confrontation, Mr. Zettergren shot whether there are any signs of foul play. him in the temple at point-blank range with a Glock- http://www.wtvr.com/news/wtvr-father-kills-self-grocery- 17 semiautomatic handgun. He then forced Mr. store-20111114,0,314000.story Robinson's hysterical fiancée, at gunpoint, to help him dispose of the body in a nearby river. 11-11-14 Smith & Wesson expands recall of It was the first homicide in more than 30 years in rifles the small town of Endicott, in eastern Washington. Co says expands recall of Thompson Center But for a judge's ruling two months before, it would Venture rifles probably never have happened. * Says total cost of recall will be $2-$2.5 mln For years, Mr. Zettergren had been barred from * Expects to meet or exceed previously announced possessing firearms because of two felony Q2 outlook convictions. He had a history of mental health Nov 14 (Reuters) - Smith & Wesson Holding Corp problems and friends said he was dangerous. Yet Mr. expanded a recall of its Thompson Center Venture Zettergren's gun rights were restored without even a rifles, but the gun maker said despite the recall costs it hearing, under a state law that gave the judge no currently expects to meet or exceed its previous leeway to deny the application as long as certain basic second-quarter guidance. requirements had been met. Mr. Zettergren, then 36, In a regulatory filing on Monday, the company said wasted no time retrieving several guns he had given to it will incur recall-related costs of $2-$2.5 million. a friend for safekeeping. The company expanded the recall to include all "If he hadn't had his rights restored, in this Thompson Center Venture Rifles manufactured since particular instance, it probably would have saved the the product's launch in mid-2009. life of the other person," said Denis Tracy, the Last week, the company announced an initial recall prosecutor in Whitman County, who handled the of the rifles manufactured between Aug. 1 and Oct. 28 murder case. this year. Under federal law, people with felony convictions Smith & Wesson said though there have been no forfeit their right to bear arms. Yet every year, injuries, it is expanding the recall to inspect each thousands of felons across the country have those firearm. rights reinstated, often with little or no review. In The Springfield, Massachusetts-based company, several states, they include people convicted of violent which competes with Sturm Ruger & Co Inc, Glock crimes, including first-degree murder and Inc and Taurus, said the recall expenses will be offset manslaughter, an examination by The New York by lower operating costs and an increase in gross Times has found. margins. While previously a small number of felons were In September, Smith & Wesson said it expected able to reclaim their gun rights, the process became second-quarter sales of $93-$96 million, below commonplace in many states in the late 1980s, after analysts' expectations of $96.1 million. Congress started allowing state laws to dictate these Shares of the company closed at $3.12 on Friday reinstatements -- part of an overhaul of federal gun on Nasdaq. laws orchestrated by the National Rifle Association. http://www.reuters.com/article/2011/11/14/smithwesson- idUSL3E7ME1PM20111114 The restoration movement has gathered force in recent years, as gun rights advocates have sought to Page 65

capitalize on the 2008 Supreme Court ruling that the in states as diverse as Alaska, Ohio, Oregon and Second Amendment protects an individual's right to Tennessee. bear arms. Ohio's Legislature confronted the matter when it This gradual pulling back of what many Americans passed a law this year fixing a technicality that have unquestioningly assumed was a blanket threatened to invalidate the state's restorations. prohibition has drawn relatively little public notice. Ken Hanson, legislative chairman of the Buckeye Indeed, state law enforcement agencies have scant Firearms Coalition, argued that felons should be able information, if any, on which felons are getting their to reclaim their gun rights just as they can other civil gun rights back, let alone how many have gone on to rights. commit new crimes. "If it's a constitutional right, you treat it with equal While many states continue to make it very dignity with other rights," he said. difficult for felons to get their gun rights back -- and But Toby Hoover, executive director of the Ohio federal felons are out of luck without a presidential Coalition Against Gun Violence, contended that the pardon -- many other jurisdictions are far more public was safer without guns in the hands of people lenient, The Times found. In some, restoration is who have committed serious crimes. automatic for nonviolent felons as soon as they "It seems that Ohio legislators have plenty of complete their sentences. In others, the decision is left problems to solve that should be a much higher up to judges, but the standards are generally vague, priority than making sure criminals have guns," Ms. the process often perfunctory. In some states, even Hoover said in written testimony. violent felons face a relatively low bar, with no That question -- whether the restorations pose a waiting period before they can apply. risk to public safety -- has received little study, in part The Times examined hundreds of restoration cases because data can be hard to come by. in several states, among them Minnesota, where The Times analyzed data from Washington State, William James Holisky II, who had a history of where Mr. Zettergren had his gun rights restored. The stalking and terrorizing women, got his gun rights most serious felons are barred, but otherwise judges back last year, just six months after completing a have no discretion to reject the petitions, as long as three-year prison sentence for firing a shotgun into the the applicant fulfills certain criteria. (In 2003, a state house of a woman who had broken up with him after a appeals court panel stated that a petitioner "had no handful of dates. She and her son were inside at the burden to show that he is safe to own or possess time of the shooting. guns.") "My whole family's convinced that at some point Since 1995, more than 3,300 felons and people he'll blow a gasket and that he'll come and shoot convicted of domestic violence misdemeanors have someone," said Vicky Holisky-Crets, Mr. Holisky's regained their gun rights in the state -- 430 in 2010 sister. alone -- according to the analysis of data provided by Also last year, a judge in Cleveland restored gun the state police and the court system. Of that number, rights to Charles C. Hairston, who had been convicted more than 400 -- about 13 percent -- have of first-degree murder in North Carolina in 1971 for subsequently committed new crimes, the analysis shooting a grocery store owner in the head with a found. More than 200 committed felonies, including shotgun. He also had another felony conviction, in murder, assault in the first and second degree, child 1995, for corruption of a minor. rape and drive-by shooting. Margaret C. Love, a pardon lawyer based in Even some felons who have regained their firearms Washington, D.C., who has researched gun rights rights say the process needs to be more rigorous. restoration laws, estimated that, depending on the type "It's kind of spooky, isn't it?" said Beau Krueger, of crime, in more than half the states felons have a who has two assaults on his record and got his gun reasonable chance of getting back their gun rights. rights back last year in Minnesota after only a brief That universe could well expand, as pro-gun hearing, in which local prosecutors did not even groups shed a historical reluctance to advocate participate. "We could have all kinds of crazy publicly for gun rights for felons. Lawyers litigating hoodlums out here with guns that shouldn't have Second Amendment issues are also starting to guns." challenge the more restrictive restoration laws. Pro- Powerful Lobby Prevails gun groups have pressed the issue in the last few years Page 66

The federal firearms prohibition for felons dates to as well as those convicted of violating federal gun the late 1960s, when the assassinations of the Rev. Dr. laws, were expressly barred from applying to the Martin Luther King Jr. and Senator Robert F. federal firearms agency. Kennedy, along with rioting across the country, set off By contrast, the restoration of civil rights, which is a clamor for stricter gun control laws. Congress now central to regaining gun rights, is relatively enacted sweeping legislation that included a provision routine, automatic in many states upon completion of extending the firearms ban for convicted criminals a sentence. In some states, felons must also petition beyond those who had committed "crimes of for a judicial order specifically restoring firearms violence," a standard adopted in the 1930s. rights. Other potential paths include a pardon from the "All of our people who are deeply concerned about governor or state clemency board or a "set aside"-- law and order should hail this day," President Lyndon essentially, an annulment -- of the conviction. B. Johnson said upon signing the Gun Control Act in Today, in at least 11 states, including Kansas, October 1968. Ohio, Minnesota and Rhode Island, restoration of Even the N.R.A. backed the bill. But by the late firearms rights is automatic, without any review at all, 1970s, a more hard-line faction, committed to an for many nonviolent felons, usually once they finish expansive view of the Second Amendment, had taken their sentences, or after a certain amount of time control of the group. A crowning achievement was the crime-free. Even violent felons may petition to have Firearm Owners Protection Act of 1986, which their firearms rights restored in states like Ohio, significantly loosened federal gun laws. Minnesota and Virginia. Some states, including When it came to felons' gun rights, the legislation Georgia and Nebraska, award scores of pardons every essentially left the matter up to states. The federal gun year that specifically confer gun privileges. restrictions would no longer apply if a state had Felons face steep odds, though, in states like restored a felon's civil rights -- to vote, sit on a jury California, where the governor's office gives out only and hold public office -- and the individual faced no a handful of pardons every year, if that. other firearms prohibitions. "It's a long, drawn-out process," said Steve The restoration issue drew relatively little notice in Lindley, chief of the State Department of Justice's the Congressional battle over the bill. But officials of firearms bureau. "They were convicted of a felony the federal Bureau of Alcohol, Tobacco and Firearms crime. There are penalties for that." identified the provision in an internal memo as among Studies on the impact of gun restrictions largely their serious concerns. Some state law enforcement support barring felons from possessing firearms. officials also sounded the alarm. One study, published in the American Journal of When Senator David F. Durenberger, a Minnesota Public Health in 1999, found that denying handgun Republican, realized after the law passed that purchases to felons cut their risk of committing new thousands of felons, including those convicted of gun or violent crimes by 20 to 30 percent. A year violent crimes, in his state would suddenly be getting earlier, a study in the Journal of the American Medical their gun rights back, he sought the N.R.A.'s help in Association found that handgun purchasers with at rolling back the provision. Doug Kelley, his chief of least one prior misdemeanor -- not even a felony -- staff at the time, thought the group would "surely were more than seven times as likely as those with no want to close this loophole." criminal history to be charged with new offenses over But the senator, Mr. Kelley recalled, "ran into a a 15-year period. stone wall," as the N.R.A. threatened to pull its Criminologists studying recidivism have found that support for him if he did not drop the matter, which he felons usually have to stay out of trouble for about a eventually did. decade before their risk of committing a crime equals "The N.R.A. slammed the door on us," Mr. Kelley that of people with no records. According to Alfred said. "That absolutely baffled me." Blumstein, a professor at Carnegie Mellon University, Until then, the avenues for restoration had been for violent offenders, that period is 11 to 15 years; for narrow and few: a direct appeal to the federal firearms drug offenders, 10 to 14 years; and for those who have agency, which conducted detailed background committed property crimes, 8 to 11 years. An investigations; a state pardon expressly authorizing important caveat: Professor Blumstein did not look at gun possession, or a presidential pardon. Felons what happens when felons are given guns. convicted of crimes involving guns or other weapons, Page 67

The history of the federal firearms agency's own One man who has benefited from a Minnesota restoration program, though, offers reason for caution. judge's gun rights ruling is William Holisky. The program came under attack in the early 1990s, Mr. Holisky, an accountant who has struggled with when the Violence Policy Center, a gun control group, bipolar disorder and alcoholism, had gone out only a discovered that dozens of felons granted restorations few times with Karen Roman, a nurse he had met over a five-year period had been arrested again, online, before she broke up with him. including some on charges of attempted murder and In August 2006, Ms. Roman was getting ready to sexual assault. (The center also found that many of work a night shift, putting on makeup in the bathroom those granted gun rights were felons convicted of of her home in Duluth, when she heard a truck pulling violent or drug-related crimes.) In the resulting uproar up and a loud boom. Moments later, she heard another and over the objections of the N.R.A., Congress killed boom and glass breaking. She hit the floor, calling out the program. to her teenage son in the other room to do the same as A Superficial Process she crawled to the phone to dial 911. In 2001, three police officers in the Columbia The police arrested Mr. Holisky later that night for Heights suburb of Minneapolis were shot and drunken driving. Several months later, they charged wounded by a convicted murderer whose firearms him in the shooting as well. He pleaded guilty to rights had been restored automatically in 1987, 10 second-degree assault with a dangerous weapon. years after he completed a six-and-a-half year prison Around the same time, he also pleaded guilty to a sentence and then probation for killing his estranged felony charge of making terroristic threats against an wife and a family friend with a shotgun. (The State elderly neighbor. The woman had reported to the Legislature had imposed the 10-year waiting period police that someone -- she suspected Mr. Holisky -- for violent felons after it discovered what Senator had left her a threatening and obscene note. She had Durenberger had feared: that felons' gun rights would also reported a series of escalating incidents that be restored immediately under the Firearm Owners included harassing telephone calls, his entering her Protection Act.) apartment and someone's smashing her bedroom What happened in the wake of the shooting is window. Mr. Holisky also had a misdemeanor emblematic of how the issue has played out in many burglary conviction from 2003, for breaking into an states, particularly where the gun lobby is powerful. ex-girlfriend's house, as well as another misdemeanor Two Democratic legislators sought to impose a conviction for violating an order of protection. lifetime firearms ban on violent felons, although they In Mr. Holisky's gun rights hearing in October concluded that for their bills to have any chance of 2010 in Two Harbors, a small town on the north shore passing, they would also have to set up a process that of Lake Superior, Russell Conrow, the prosecutor in held out a hope of eventual restoration. They were Lake County, argued that Mr. Holisky had not yet unable, however, to get their bills through the proved that he could stay clean, given that he had just Legislature. gotten out of prison. Mr. Conrow also pointed out that The issue was taken up the following year by there were two active orders of protection against Mr. Republican lawmakers, but it became wrapped up in Holisky. legislation to relax concealed-weapons laws. Initially, "There were people still scared of him," Mr. a moderate Republican introduced a bill with a 5- to Conrow said recently. 10-year waiting period for regaining gun rights, but For his part, Mr. Holisky took documents from the the waiting period was scrapped entirely in the law, plea agreement in his assault case, in which the written by gun-rights advocates, that was finally prosecutor in neighboring St. Louis County agreed not enacted in 2003. That law, which does not even to oppose the restoration of his firearms rights. mandate that prosecutors be notified of the hearings, Mr. Holisky, who is 59, did not specify in his requires judges to grant the requests merely if the often-rambling petition exactly why he wanted a gun. petitioners show "good cause." He described his behavior in 2006 as an "aberration." "The decision was, we have good judges and we The county judge, Kenneth Sandvik, was set to trust them," said Joseph Olson, who helped write the retire in a few months. He knew Mr. Holisky's family statute as president of the advocacy group Concealed from growing up in the community. Several weeks Carry Reform Now. later, he ruled that Mr. Holisky had met the basic requirements of the law. Page 68

In an interview, Judge Sandvik said he had given been convicted of first-degree murder, voluntary considerable weight to the St. Louis County manslaughter, felonious assault and sexual battery. prosecutor's agreement not to oppose the restoration The case of Charles Hairston in Cuyahoga County of gun rights for Mr. Holisky. But Gary Bjorklund, an stands out. assistant St. Louis County attorney, said in an Mr. Hairston was 17 in January 1971, when he shot interview that he had been focused on extracting a a man to death in Winston-Salem, N.C. Mr. Hairston guilty plea that would send Mr. Holisky to prison and and a group of neighborhood toughs had been had thought no judge would take a firearms request preparing to rob a local grocery store when the owner, from Mr. Holisky seriously. Charles Minor, 55, closed up and headed for his car. Judge Sandvik acknowledged that he had not "I am fixing to get him," Mr. Hairston told one of looked into the details of Mr. Holisky's assault case, his friends, according to witness statements to the arguing that his job had been only to review what the police, before he pulled the trigger on a 20-gauge prosecutor had presented to him. shotgun. "We're not investigators," he said. Mr. Hairston spent 18 years in prison before being The ease with which Mr. Holisky regained his gun released on parole in 1989. He moved to Cleveland rights does not appear to be an anomaly. Using partial and started working in heating and cooling, a trade he data from Minnesota's Judicial Branch, The Times had learned behind bars. identified more than 70 cases since 2004 of people In 1995, he pleaded no contest to a misdemeanor convicted of "crimes of violence" who have gotten charge for allegedly grabbing and pushing his wife. their gun rights back. A closer look at a number of More seriously, later that year he was indicted on them found a superficial process. The cases included 60 counts of rape, felonious sexual penetration and those of Mr. Krueger, who criticized the system as gross sexual imposition; prosecutors charged that he insufficiently rigorous after winning back his gun had forced sex upon his stepdaughter, starting when rights in a perfunctory hearing, and of another man she was 12. He was acquitted of the most serious whose petition was approved without even a hearing, charges and convicted only of corruption of a minor even though his felony involved pulling a gun on a for one encounter at a motel for which prosecutors man. were able to provide corroborating evidence beyond The ruling in Mr. Holisky's case prompted the girl's detailed testimony. members of his family to write a series of frantic e- Mr. Hairston, who denies the charges and is still mails to Judge Sandvik and Mr. Conrow, warning of fighting the conviction, filed his first gun rights dire consequences. restoration application in 2006 in Cuyahoga County It is not entirely clear whether Mr. Holisky, who but was summarily denied. did not respond to several requests for comment, is When he filed a new petition two years later, a legally able to buy a gun at this point, because at least judge thought he was ineligible and denied him again, one of the outstanding orders of protection, which though she wrote in her decision that she did not expires next year, appears to trip another federal believe Mr. Hairston was likely to break the law prohibition. But Mr. Holisky has been writing letters again. But an appeals court ruled that the judge had to relatives in Texas, threatening legal action if they misread the statute, and sent the case back for another do not turn over his gun collection. hearing late last year. So far, they have refused. The county prosecutor's office had vigorously A Killer's Successful Petition opposed the restoration from the beginning. But Mr. Just as in Minnesota, violent felons in Ohio are Hairston, who took in several friends as character allowed to apply for restoration of firearms rights after witnesses, told the judge he had grown up in prison. completing their sentences. The statute is similarly "Nearly 40 years ago, you know, I was a dumb vague, requiring only that a judge find that the kid," Mr. Hairston said at his first hearing. He added, petitioner has "led a law-abiding life since discharge "I am in a situation now where if, God forbid, if or release, and appears likely to do so." someone was to come into my home and attack me, Only a handful of county clerks in Ohio said they my wife, there isn't a lot I could say about it, there could track these cases, producing records on several isn't a lot I could do." dozen restorations. They included people who had In the end, the judge, Hollie L. Gallagher, granted his petition without comment. Page 69

Soon after the judge's ruling, Mr. Hairston obtained Otherwise, judges are required to grant the petitions as a concealed weapons permit from a neighboring long as, essentially, felons have not been convicted of county and bought a 9-millimeter semiautomatic any new crimes in the five years after completing their handgun. sentences. Judges have no discretion to deny the Returning to Crime requests based upon character, mental health or any Erik Zettergren originally lost his gun rights in other factors. Mr. Gottlieb said they explicitly wrote 1987 because of a felony conviction for dealing the statute this way. marijuana. A decade later, the police went to his "We were having problems with judges that house after being called by his ex-wife and discovered weren't going to restore rights no matter what," he a cache of guns. He was convicted of another felony, said. unlawful possession of a firearm. The statute's mix of strictness and leniency makes He relinquished his weapons to friends but Washington a useful testing ground. eventually got them back, sometimes hiding them in The Times's analysis found that among the more an old car in his backyard, according to friends. than 400 people who committed crimes after winning Sometime after that, though, he became worried that back their gun rights under the new law, more than 70 the police might come after him again and turned over committed Class A or B felonies. Over all, more than the guns -- two long guns and a Glock pistol -- to a 80 were convicted of some sort of assault and more friend, Tom Williams. than 100 of drug offenses. "I kept them under my bed," Mr. Williams said. There were cases like that of Mitchell W. Reed, In December 2004, Mr. Zettergren successfully disqualified from possessing firearms after a 1984 petitioned in Kittitas County -- a three-hour drive felony cocaine conviction. He also has seven from his home -- to have his gun rights restored. (Like misdemeanor convictions on his record from the Minnesota's, Washington's law allows petitioners to 1980s, including for assault. In 2003, he successfully apply anywhere.) Court records show he did not even petitioned for his gun rights in Snohomish County have a hearing. Instead, his lawyer, Paul T. Ferris, Superior Court. who specializes in these cases, took care of the matter. His wife, Debi Reed, went with him to the hearing Right away, Mr. Zettergren retrieved his guns from and said in an interview that she had been shocked at Mr. Williams and soon obtained a concealed pistol how easily his rights were restored. He immediately license. He made something of a sport of showing off bought a 9-millimeter semiautomatic handgun. his Glock to friends. "He was so proud of that thing," The following year, she said, he beat her up for the said Larry Persons, a friend. "He was flashing it in first time. In 2008 he became more angry and violent, front of everybody." she said, in one instance putting a gun in her hand Not long after, he would use it in the killing. during an argument, pointing it at his head and saying Washington's gun rights restoration statute dates to he was going to frame her for murder. During another a 1995 statewide initiative, the Hard Times for Armed fight that year, he struck her with a gun, giving her a Crimes Act, that toughened penalties for crimes black eye, and held a loaded gun to her head. involving firearms. The initiative was spearheaded, in Mr. Reed was ultimately arrested in 2009 and part, by pro-gun activists, including leaders of the charged with harassing and threatening to kill his Second Amendment Foundation, an advocacy group, wife's ex-husband. While those charges were pending, and the N.R.A. he was arrested on second-degree assault charges after Although it drew little notice at the time, the he beat up and tried to strangle his wife. The charging legislation also included an expansion of what had documents also mentioned the 2008 gun episode. He been very limited eligibility for restoration of firearms eventually pleaded guilty to third-degree assault and rights. intimidating a witness, as well as fourth-degree assault "There were a lot of people who we felt should be and harassment. able to get their gun rights restored who could not," Jason C. Keller, disqualified because of a 1997 said Alan M. Gottlieb, founder of the Second burglary conviction, had his rights restored after a Amendment Foundation, who was active in the effort. brief hearing in 2006. He waited a few years before Under the legislation, "Class A" felons -- who have buying a Hi-Point .40-caliber semiautomatic pistol, committed the most serious crimes, like murder and according to his girlfriend at the time, Shawna manslaughter -- are ineligible, as are sex offenders. Braylock. But she did not trust him with the gun Page 70

because of his temper, making him keep it at his indicated she had shot herself in the head outside the parents' house. Glassport police department on Monongahela Avenue. In 2010, Mr. Keller left a Fourth of July party in The 40-year-old woman was married to Michael the late evening, picked up his gun and drove to the Piccini, an officer with the Glassport police. house of a woman he knew. He fired several shots as Ms. Piccini was pronounced dead at 10:25 p.m. she stood out front with her 9-year-old son; her 6- Saturday in the hospital emergency room. year-old daughter was sleeping inside. Mr. Keller Neither Glassport police nor the Allegheny County pleaded guilty to drive-by shooting, a felony. investigators could be reached today. In Mr. Zettergren's case, his friends said they were http://www.post-gazette.com/pg/11317/1189696- shocked that a judge had restored his gun rights, 100.stm#ixzz1dsONBv6s because they knew he was receiving disability payments, in part because of mental health problems. 11-11-12 two Pittsburgh police sergeants wrestle "Most of the people around here that knew him, at Mt. Washington home knew that he could be dangerous," said Darrell A Pittsburgh police sergeant who supervises the Reinhardt, one of Mr. Zettergren's friends. bureau's property room was charged with simple Mr. Zettergren's mental health issues, in fact, have assault in a physical altercation today with her been at the heart of his efforts to appeal his estranged husband, a Pittsburgh police sergeant convictions for second-degree murder, second-degree assigned to motorcycle patrol. assault and unlawful imprisonment. He had been in Sgt. Lynn DeVault, 55, was charged in the incident counseling since 2000, and several mental health involving her husband, Sgt. George DeVault, that experts had found he had post-traumatic stress occurred at his mother's house on Republic Street in disorder and major depression, saying he had a "very Mount Washington. high degree of psychological disturbance" and An affidavit supporting the arrest said the DeVaults suffered frequent "flashbacks and disturbing images," have been having marital problems and he has been according to a declaration from a forensic living at his mother's home. He invited his wife inside, psychologist in one of Mr. Zettergren's appeal briefs. according to the criminal complaint. The post-traumatic stress, according to the "He then said Lynn pushed past him and ran up the psychologist, resulted from scenes he had witnessed steps to the second floor and began to rummage years before, including his mother's death by through his things, searching for his cell phone," electrocution and the shooting death of a friend. according to the complaint. "The two began to argue None of this was reviewed by the judge who heard and the confrontation turned physical." Mr. Zettergren's gun rights petition. George DeVault told investigating officers he Donna Bly, the mother of Jason Robinson, Mr. called for assistance on his police radio at 9:45 a.m. Zettergren's shooting victim, considered suing the after he and his wife struggled over a laptop. county for negligence over the decision but could not "He then wrestled Lynn to the floor and sat on her find a lawyer to take the case. She also tried bringing until the arrival of Police Units," according to the the issue up with a state legislator but got nowhere. complaint. "This man did not deserve to have his gun rights Sgt. Lynn DeVault said her husband struck her in back," she said. the head with the computer but police Cmdr. Kathy http://www.post-gazette.com/pg/11318/1189853-84- Degler, who was called to the scene, could detect no 0.stm#ixzz1dsOv5hWZ definitive injuries. She determined that since Sgt. George DeVault had visible injuries that his wife was 11-11-13 Woman dies of gunshot to head the primary aggressor and should be charged. An Elizabeth woman who was pronounced dead Pittsburgh police spokeswoman Diane Richard did late Saturday in the emergency room of UPMC not reply to a request for comment, including any McKeesport died of a gunshot wound to the head, change to the DeVaults' work statuses. according to the Allegheny County Medical http://www.post-gazette.com/pg/11316/1189539- Examiner. 100.stm#ixzz1dsNFxZPe The manner of Jennifer Piccini's death is being listed as "pending investigation," though initial reports 11-11-12 Deaths at Occupy camps bring pressure for shutdown Page 71

OAKLAND, Calif. -- Leaders across the nation felt The discovery of the man at the Occupy Salt Lake increasing pressure Friday to shut down Occupy City camp led police to order all protesters to leave encampments after two men died in shootings and the park, where they have camped for weeks. The man another was found dead from a suspected combination has not been identified. of drugs and carbon monoxide poisoning caused by a Tensions were also high at the 300-tent propane heater inside a tent. encampment in Portland, Ore. Citing a strain on crime-fighting resources, police Mayor Sam Adams ordered the camp shut down by pleaded with Occupy Oakland protesters to leave their midnight tonight, saying the tipping point came this encampment at the City Hall plaza, where a man was week with the arrest of a camper on suspicion of shot and killed late Thursday. The Oakland Police setting off a Molotov cocktail outside an office Officer's Association, which represents rank-and-file building, as well as two nonfatal drug overdoses at the police, issued an open letter saying the camp is pulling camp. "I cannot wait for someone to die," he said. "I officers away from crime-plagued neighborhoods. cannot wait for someone to use the camp as "With last night's homicide, in broad daylight, in camouflage to inflict bodily harm on others." the middle of rush hour, Frank Ogawa Plaza is no http://www.post-gazette.com/pg/11316/1189454- longer safe," the letter said. "Please leave peacefully, 84.stm#ixzz1dsPmMiIc with your heads held high, so we can get police officers back to work fighting crime in Oakland 11-11-12 Marseilles: French SWAT team neighborhoods." stormed wrong apartment... twice Mayor Jean Quan said the city would issue another Door shattered, torn upholstery projectiles ball official notice to protesters to leave the camp, but she flash: who will pay € 2,000 for repairs? did not give a deadline. At the Residence Consolat in Marseille (15th), they Since the shooting, anonymous fliers have been are not thugs or burglars or attackers of old women posted around the encampment urging protesters to who terrorize Francesca. The "men in black" that leave. "Occupiers, turn on your brains and see the peaceful grandmother is afraid to see her tumble down harm you are causing to our town," it says. "You have at any moment, they are ... the police. Cops elite devolved into mob rule. You have lost sight of the belonging to the police and GIPN, who twice these goal." days, broke down his door, before eruption, at The Oakland shooting occurred the same day a 35- gunpoint in his living room. year-old military veteran apparently shot himself to On October 25, at 6 am, the old lady was awakened death in a tent at a Burlington, Vt., Occupy by the explosion of the explosive used to blow the encampment. door of the apartment building B, where she lived On Friday, a man was found dead inside a tent at alone for years. "The masked men rushed into my the Occupy Salt Lake City encampment, from what room. One of them pushed me onto the bed ...". The police said was a combination of drug use and carbon show retains the traces of the intrusion: is shattered, monoxide. broken frames, tapestry torn by flash ball projectiles. A preliminary investigation into the Oakland That morning, the PJ of Toulon had descended in shooting suggested that it resulted from a fight force in the city to call "a dangerous criminal, accused between two groups of men at or near the of shooting the Kalashnikov on law enforcement," encampment, police Chief Howard Jordan said. said one of the leaders of the operation. Also Investigators do not know if the men in the fight were recognizes that ... "An error is." Oops! The criminal associated with Occupy Oakland, he said. lived in the apartment next door. Sorry for the The coroner's office said it was using fingerprints inconvenience. to identify the victim and that a positive identification "When I arrived at my mother, she was in tears, was not likely to be released before Monday. terrified, in a ransacked apartment. And it's going to The Vermont shooting raised questions about explain to the neighbors, insurance ...", says Chantal's whether the protest would be allowed to continue, said daughter Francesca, who made secure door at his own Burlington police Deputy Chief Andi Higbee. "When expense (€ 306), pending appeal of his hypothetical there is a discharge of a firearm in a public place like insurer with the police: "This type of break is not in this, it's good cause to be concerned, greatly your contract," observed the Matmut ... According to concerned," Chief Higbee said. estimates, the total compensation is more than € 2000. Page 72

"The most difficult, of course, was to reassure my It happened Wednesday night on the 6000 block of mother, to explain that it was a mistake, it will never Christian Street. Investigators say the officer was happen again." responding to a 9-11 call reporting a burglary when he Francesca was just beginning to believe it when the entered the home of Steven Moore. walls of the building B were again shaken. "Thursday “An officer from the 18th District arrives at a at 14 pm, they handed it in knocking down his door location by himself,” said Lieutenant Ray Evers. with a battering ram". Even weapons, even cries, even “He’s in a marked car in uniform. He approaches the hoods. This time, police believe the thief escapes from residence and sees the front door open. He goes into the balcony of Francesca. New error unless the front door and at that time he is met by a male in Spiderman, impossible to cross 3 meters between the the house. At this time we’re not sure exactly what two windows! It is through the balcony of the nearby was said.” ... right that the man fled (before being arrested at the Police claim there was a confrontation between the foot of the building). two resulting in Moore being shot once in the arm When Chantal arrived at the scene, his mother is with the bullet traveling into his chest. Police then paralyzed. "They even left alone in a house without a searched Moore’s home where no weapons were door without even leave a number where to reach found. them. How could she have done if I had not been Moore was taken to the Hospital of the University there?" On the eve of November 11, no way to find a of Pennsylvania where he is in critical condition. craftsman to secure the door. So it is impossible to Friends of Moore, also known as “Sidiq,” gathered leave the apartment vacant. The insurance still has on Christian Street on Wednesday to pray for him. agreed to send a security guard on site, until the door “This is a tragedy,” said Imam Naadim is secure. But who will pay for the work (this time, the Abdulkhabiyr. “The young man is an established wall that supports the casing is partially collapsed)? business owner, family man. He’s never as far as I’ve More importantly, how to sleep with Francesca? known ever been in any kind of trouble.” Extremely shocked, under tranquilizers, the old lady A source tells NBC 10 that the officer involved in does not want to leave her house: "I'm too ashamed the shooting is Larry Shields. Shields was also now, for sure, the neighbors think I'm a criminal" ... involved in the shooting of Joshua Taylor, 23, in the Collateral damage Frankford section of the city back on April 25. Shocked, "not by the mistakes, but by the contempt During that incident, police say Shields was off- shown by the police," Francesca's family plans to file duty when he spotted Taylor with a gun in his hand. a complaint. Contacted yesterday, the PJ of Toulon, Shields identified himself as a police officer and "sorry" for the collateral damage explains that "in approached Taylor, according to investigators. Taylor public housing, it is sufficient to require the landlord then allegedly ran inside a nearby home where Shields to change the door." But Francesca, co-owner, it is the pursued him. Police then claim Taylor pointed a gun judge to seize the presiding judge, who shall refer to towards Shields, prompting the officer to fire once, the Chancellery ... In short! Months of steps, with no striking Taylor in the chest. Taylor's fiance however guarantee of results. To speed things up, the PJ told us claimed that while he had a gun in his pocket, he yesterday of Toulon to be prepared to act on never threatened Shields and that the shooting was commission. We passed the message to Chantal and unprovoked. Francesca ... awaiting the call of the Commissioner. After interviewing several witnesses, police http://www.laprovence.com/article/a-la-une/marseille-prise- claimed that while Taylor lawfully owned the gun, he dassaut-par-la-police-deux-fois-a-85-ans was not licensed to carry it on the streets of Philadelphia. Taylor recovered from his injuries and 11-11-10 Philly Police Officer Shoots was charged with aggravated assault, attempted Homeowner murder and simple assault. Shields was cleared of all Police claim there was a confrontation between the charges back on October 7. two, resulting in the man being shot. No weapons As for Wednesday’s incident, police say Shields is were found inside his home currently on desk duty pending an internal affairs A Southwest Philadelphia homeowner is in critical investigation. There is still no word on who originally condition after being shot by a police officer, made the 9-11 call. according to investigators. Page 73

http://www.nbcphiladelphia.com/news/local/Police-Officer- like Barack Obama have been most interested in Shoots-Homeowner--133600558.html limiting or doing away with altogether. The majority of weapons transferred under Fast 11-11-08 TX Student suspended in pellet gun and Furious have been semi-automatic rifles of the incident AK and AR types with a few .50 caliber Barrett GALVESTON — A student found with a pellet (BMG) rifles and FN (Five-SeveN) pistols thrown in gun in a backpack was suspended Monday, a school for good measure. official said. Over 2000 of these weapons–mainly the AK and Administrators learned about the pellet gun after AR rifle variants–were walked across the Mexican students reported discussions of it on a school bus border during the Operation. Monday morning, Galveston school district Yet as popular as these AK and AR rifles are to spokesman Johnston Farrow said. gun buyers in the United States, Mexican gangs have The Weis Middle School student was suspended virtually NO INTEREST in them at all! Fully for three days and would be sent to an alternative automatic or selective-fire AK rifles are available to education program. cartels on the black market for about $100, far less Students were lectured Monday on how anything than the purchase price of the semi-auto version in US construed as a weapon would result in an automatic gun stores. suspension, Farrow said. And as for the AR models, “…cartels raid armories http://galvestondailynews.com/story/270682 and buy selective-fire M-16 and M-4 rifles from

deserting or corrupt Mexican military members for far 11-11-07 Proof offered for 2nd Amendment- less than the semi-auto rifles finding their way to busting intent of Fast & Furious cartels with federal government assistance…” When Jim and Sarah Brady met with Barack The .50 caliber rifle, though certainly powerful is Obama on the 30th anniversary of the attempted also heavy, clumsy and often just a single shot assassination of Ronald Reagan, they asked the weapon. The big gun may enjoy a certain status President how he would help to advance their among gang members, but daily use would be difficult Handgun Control, Inc (now the Brady Campaign) gun at best. control/gun confiscation agenda. Obama’s response: So why did Operation Fast and Furious offer drug “I just want you to know that we are working on it. gangs so many firearms they did not want or need? We have to go through a few processes, but under the Because these are the weapons marked for extinction radar.” by American gun grabbers throughout the nation. In the seven months since that meeting, many have From championing the meaningless and ineffective suggested Obama’s comment was a dark reference to “assault weapons ban” which forbade the sale of AK the criminal Operation Fast and Furious. After all, and AR type rifles to claiming that the .50 BMG could without the courage of ATF whistle blowers, the bring down a speeding jet, groups from the Brady murderous and unconstitutional scheme would have Bunch to the far left, Obama directed Joyce probably remained “under the radar” even to this day. Foundation have worked to criminalize public And now some very revealing information has ownership of these weapons. been compiled by blogger Bob Owens to lend further And what better way to advance their agenda than credence to the belief that Fast and Furious had to suddenly have hundreds, perhaps thousands of nothing to do with the taking down of Mexican drug these guns appear at murder scenes throughout two cartels and everything to do with subverting the 2nd countries? Amendment rights of the American people. By some estimates as many as 300 people have Over the years, a great deal has been learned of the been killed in order that the gun-banning dreams of firearm preferences of drug gangs. And strangely the left might be realized. Never has an enough, a scant few of the weapons purchased and Administration engaged in a more thoroughly corrupt “walked” south of the border by Fast and Furious undertaking. Prison is far too good for this unholy operatives actually match the weapons-of-choice group. demands of Mexican cartels, the guns intended http://www.westernjournalism.com/proof-offered-for-2nd- recipients. amendment-busting-intent-of-fast-furious/ But they DO coincide quite nicely with the types of weapons whose availability American gun grabbers Page 74

11-11-07 Police: Man shot dead in Antioch 11-11-07 Home, Home on the Shooting Range threatened homeowner with knife It has been almost 2 years since I bought my first A homeowner who police say interrupted a burglar firearm. I learned to shoot as a teen using some of the inside his Antioch home was threatened with a knife guns my father owned. He was a police officer and before he shot and killed the intruder, investigators competed on the police's pistol team. As young said. children, my brothers and I were taught the According to police, Antioch resident Arnie fundamentals of safe gun handling and shooting. We Schmidt III forced his way into a home in the 200 would visit some of the local outdoor ranges (family block of West 17th Street on Saturday afternoon and and friends' private property) and even did some small was stripping copper wiring and piping when the caliber shooting in the basement of the family home. homeowner, described as an elderly man, arrived. It was a hoot and I enjoyed it, but between growing up Acting Capt. Leonard Orman said the homeowner and engaging in other sporting pursuits (rock was startled because Schmidt broke through sheet climbing, backpacking, skiing, cycling) the shooting rock between the home and an exterior water heater took a back seat...until now. closet, leaving no signs of a break-in from the front of Having recently read The Journals of Lewis and the home. Clark, I began to wonder about how those earlier A confrontation ensued, and when Schmidt firearms felt when shot. I'm sure part of this comes the wielded a knife, the homeowner opened fire with a latent "mountain man" in me as well. My first gun was small handgun, striking Schmidt more than once, not a replica of those Kentucky flintlocks used by the Orman said. Corp of Discovery, but a somewhat more modern and "At this point, everything indicates that it was a shorter version. I started with a replica 1851 Colt .44 case of self-defense," he said. "However, we collected cal black powder revolver. (This is a "cap and ball" a lot of evidence, which will be analyzed, and that will muzzleloader that was used in the early stages of the dictate whether this was a justified shooting." Civil War.) My first time out shooting was on some Orman added that Schmidt, 34, has been suspected nearby forest service land, and is now my local choice of burglary on at least two other occasions. In for practice here at home. Living in the wide open October, police found him covered in sheet rock dust "wild west" we have a good share of public lands that and holding copper and tools used to remove it but are open to recreational shooting. My primary home is could not directly tie him to a crime. In June, he was located within the city limits of my small town, and arrested on suspicion of stripping copper from a shooting here is against local ordinances. Where my junction box at Fremont Elementary School and off-the-grid cabin is located, however, these rules do possessing burglary tools. not exist. The man who shot Schmidt has no criminal history. The home made range at the cabin Friends of Schmidt held a vigil at the crime scene Our property in northern New Mexico is a bit Sunday. under 42 acres and the land surrounding us is pretty "This guy was a really good person. I've known much the same as it was when native hunters used him since I was 13," said Oakley resident Tim Adams, flint-tipped arrows. In fact I found a decent arrow a friend of Schmidt. "He fell into some tough times. head located about 30 feet from our cabin site. One of He wasn't a violent person. He wouldn't hurt a fly." the geological features of our land is a small gorge Police say they have no evidence suggesting that that has a seasonal stream through it in the early Schmidt and his shooter knew each other before spring. I decided that this "valley" could easily contain Saturday's events. a small shooting range. Robert Pipkins of Discovery Bay, who attended Common sense and local laws require that high school with Schmidt in Oakley, is eager to know projectiles stay within the boundaries of your more. property. Our small canyon provides this with ease. "We just want everything to be on the up and up," Other common regulations regarding shooting on Pipkins said. "If it's justifiable, hey, it's justifiable, and private property may also involve local noise that's the way it happened. We need to know the ordinances. Our choice of location also covers this details." base pretty well. Being down in the valley for the http://www.mercurynews.com/news/ci_19283284 shooting the noise level up on the surrounding terrain is already significantly reduced. Add in the fact that Page 75

the nearest neighbor is about a mile away and that all conversation, 1.5 percent is physical," said Demby, of the other neighbors within a three-mile radius can who views mentoring students as an important part of be counted on one hand...noise for us is not much of a his job. problem. With its armed and highly trained school force, The set up Houston offers a substantially different model of In addition to my first black powder muzzle- school policing than Philadelphia, where leaders are loading pistol I now have a few more guns, and will pondering how to cope with widespread school most likely continue to collect them as my father has violence. An Inquirer series, "Assault on Learning," for the last 60 years or so. Most of my firearms are documented 30,000 violent incidents over a five-year pistols and with that in mind, most of my shooting is period. done at a relatively short distance. Thirty to fifty feet In April, following the series, Mayor Nutter and is about the limit for my Single Action Army Police Commissioner Charles H. Ramsey raised the revolvers paired with my 50-year-old eyes. possibility of putting regular city police in some The location I chose for my range is a section of schools, which are now guarded by 400-plus unarmed the valley that has a 20 to 30-foot high backdrop. I school police officers, who are trained for just four cleared some minor vegetation between the "firing weeks before going on the job. Officers are not line" and the "target zone" and that was pretty much screened for drug use, and mentoring students is not it. Those that set up their own ranges, where my part of their job description. natural topography is not present, will often construct "We can't ignore the fact that we have a problem, "back drops" using mounds of dirt or dirt retaining and we have to regain control of the schools," Ramsey walls using large timbers, old tires, etc. The concept is said at the time. So far, the city has shied away from simple...you merely need to provide a barrier that is introducing armed officers, opting this week to big and robust enough to stop speeding bullets. recommend better training and screening for school For the occasional rifle work, we set up a different police. location in which we fire "down into" the gully from This approach makes Philadelphia an exception the ridge located in front of our cabin. Here the among America's 10 largest cities. An Inquirer survey distance meets our needs for small caliber rifles and found that eight of them deploy armed police in the open sights on my Winchester 1873 lever action. schools in some form, and a ninth city - New York - It runs in the family uses fully qualified, but unarmed, police officers. Just as my father taught me to shoot, I have begun Houston's school system is similar to the the process with my two daughters (it's a little Philadelphia district - the overwhelming majority of challenging, but worth the patience). Each new its students are African American or Hispanic, many shooting session is an adventure, and they are starting of them impoverished. Its enrollment of 202,000 is to see the fun. They both find the steel knock-down about a quarter larger. targets 100 times more fun than putting holes in paper, Yet, its school police force is much smaller than and practice has them starting to be pretty good shots. Philadelphia's - only 186 sworn officers, 105 of whom http://www.philly.com/philly/classifieds/real_estate/diy/Hom are school-based and responsible, not just for keeping eTalk_20111107_Home__Home_on_the_Shooting_Range.html order in the schools, but for tracking down truants. The rest of the officers are administrative or assigned 11-11-06 Armed with guns and understanding to mobile squads. HOUSTON - The teenage boys were about to While its methods may at times seem harsher than come to blows in the hallway at Yates High School in Philadelphia - Houston school-police K-9 units over $10 one had purloined from the other's pocket - conduct random sweeps for weapons and drugs - as a prank, he protested. statistics suggest that its professionally policed Willie Demby Jr. - all 6-foot-2, 235 pounds of him schools are markedly less violent than Philadelphia's. - quickly cooled down the dispute. Houston reported 925 assaults, or 46 per 10,000 Demby, 44, is a school police officer for the students, compared with Philadelphia's 2,696 assaults, Houston Independent School District, academy- or 175 per 10,000 students. trained and armed with a gun, a baton, and pepper When Nutter and Ramsey raised the idea of armed foam. He could have arrested the offending student, police in Philadelphia schools, they faced fierce but he didn't see the need - "98.5 percent of policing is pushback. But educators interviewed in the Houston Page 76

school system are pleased with the armed officers in a Yates. He was previously a Houston city cop but also force controlled by the district. had jobs as a chemical-plant manager and a mortgage- "It was never a serious controversy in Houston, and loan officer. it has worked well," said Gayle Fallon, the teachers' He works out of a spartan office but is more often union president. "I'd rather have one of our armed seen in the hallways of Yates, a low-slung, 1950s-era police confront a student than a city officer. They are building of orange brick with large, red plate-glass just so much more used to dealing with the kids, and windows. less likely to overreact." The school is well-known for its athletes and In Houston, as in Philadelphia, some local groups entertainers. Its 2010 basketball team was ranked No. argue that armed police in schools will inevitably 1 in the country, and its famous graduates include criminalize behavior that should be handled with football stars Dexter Manley and Santana Dotson and discipline. entertainers Phylicia Rashad of The Cosby Show and But consider what happened when Demby - the her sister Debbie Allen. only officer at Yates, with its 980 students - Like many neighborhood high schools in the inner intervened to forestall the budding fight. As the parent city, Yates has had its academic ups and downs and its of four teenagers, he spoke to the boys in a stern but share of violence and disruption - in the last year fatherly manner, rather than referring them for alone, three principals have shuttled in and out. discipline. Gang activity is a long-standing plague in the city. "Don't you feel like you owe him $10?" Demby The Houston Chronicle reported that, since 2007, asked the offending youth. more than 100 people in Houston have been killed in "Yeah, but I'm not going to give him my last $10," gang attacks. the boy answered. He explained that his backpack had Armed school police were introduced in 1992, been stolen and that he no longer had the other boy's amid mounting concern about students' bringing $10. weapons to city schools and the shooting death of a Demby told him to empty his pockets. Out came high school student on campus after a football game. $8. Demby handed it to the victim, whose anger State legislation had paved the way for local turned to sadness when he saw that the boy - who had districts to establish their own force. been his friend - was broke. "I'm going to give him $2 The move was met with some trepidation. back," the victim said. "Crime and violence cannot be tolerated on Demby gave the boy the $2: "Sometimes you have Houston's school campuses," the Chronicle wrote in to 'fess up to your responsibility, like a grown man." an editorial. "But much can be done to improve An intuitive feel security before the Houston Independent School The girl's emotions were still raw. District places its own armed guards in schools." Her boyfriend, the father of her unborn daughter, The school board gave its middle schools and high had been shot to death earlier that week in an schools the choice of armed officers, and 83 percent apartment complex parking lot in a gang dispute. immediately opted for them. Back at Yates, some of the students were cursing him Manuel Moctezuma, 49, a cop in the district for 20 to her face. years, recalls the transformation when he traded in his Demby intervened. coat and tie for a uniform and gun. "If [Demby] wasn't there, I probably would have "It made a big difference ... more respect," he retaliated physically," said the girl, who is 17 and nine recalled. "Before, it was: You're not a police officer. months pregnant. You don't even have a gun." While an authority figure, Demby has an intuitive Today, every middle and high school in the district feel for the students - he calls his own children his - whose students are about 60 percent Hispanic and a "hobby" - and for the neighborhood, the city's historic quarter black - has at least one officer. The Third Ward, a center for African American culture department, including a K-9 unit, a gang unit, and an and education since freed blacks began arriving in internal affairs division, runs on an $11 million large numbers after the Civil War. budget. (In Philadelphia, the school police budget is Demby earned his bachelor's degree in criminal $34 million.) justice at Texas Southern University, a historically black institution whose campus is right next door to Page 77

Schools are allotted officers based on multiple "We want to make sure they don't have anything factors: neighborhood demographics, school size and out there on the Web that could come back to crime rate, discipline actions, and gang activity. embarrass us," explained Jimmy Dotson, chief of the While Yates has only one officer, high schools in school district police force. "If they can't go to court Philadelphia have two to nine officers, according to and be a credible witness, then we don't need them as district spokesman Fernando Gallard. a police officer." Some Houston schools also use security guards, for Dotson, a Vietnam veteran, earned his bachelor's which the school police department recently took over degree in criminal justice from the University of the hiring and training. Houston and served in the Houston Police Department The change to armed officers with the ability to for 24 years, the last seven as assistant chief. After a arrest hasn't eliminated crime. In 2006, an intruder stint as police chief in Chattanooga, Tenn., he penetrated Westbury High and raped a student in the returned to Houston in 2009 and took over the school bathroom. In April, two gunmen opened fire at an district police department. after-school powder-puff football game (not district- Having high-quality officers is paramount, he said. sponsored) in south Houston. Applicants who have used drugs more dangerous than But officers and educators say that, overall, schools marijuana aren't likely to get hired, Dotson said. And are much safer than they had been and are better if they say they have smoked marijuana hundreds of environments for learning. times - or within the last 10 years - that could bar Fallon, of the teachers' union, said teachers were them as well. glad to have the officers, especially considering the In Philadelphia, where officers are not screened for city's gang violence. drug use, The Inquirer recently reported that the But Fallon, who grew up outside Philadelphia, said school police had hired an acknowledged crack addict. the communities were different. In September, after the officer was arrested for crack "You have to put into perspective the fact that this possession a second time, she showed up at a hearing is Texas and that, at one point, there was [proposed] in uniform. legislation that would have armed the teachers," she In Houston, officers are subjected to random drug said, noting that the union opposed it. and alcohol testing after their hiring - something that Hiring and training doesn't happen in Philadelphia - and must take 20 to The class-change bell rings at Wheatley High, and 40 hours of training per year. school police officer Mac Moore is planted firmly in Pay for an officer ranges from $38,042 to $58,964. the hallway. In Philadelphia, where the cost of living is higher, "Let's go! Let's go!" he yells, then blows his school-officer pay ranges from $33,065 to $51,507. whistle. At Wheatley High, a predominantly black school Like many of the school district officers, Moore, with about 1,000 students, Moore prides himself on 51, formerly served as a Houston city police officer. his relationship with students. He spent 23 years on the city force, his last stint in To show them he cares, Moore started a $350 special operations escorting Enron executives to and scholarship. The award recognizes Wheatley's most- from trial. improved athlete. To be eligible for a job as a school police officer, "A lot of these kids have nothing to eat," he said. applicants must complete six months of basic training, "They're homeless. Some of them can't read. You just like any municipal officer in Texas. They then get have to reach under to find out why these kids are an additional 12 to 14 weeks of school-based training. acting out. ... Applicants also face an intense screening process: "It goes beyond policing," he said. "You're a father They are tested for drugs and given psychological and figure. You're an uncle. You're everything." physical exams and written aptitude tests. They are The relationships pay off in other ways, too, he subjected to a polygraph test and background said. investigation, including criminal checks and He estimates that as many as one in five students questioning of neighbors and family. In the polygraph, could be associated with gangs. He and his partner they're asked personal questions about drug use, make it their business to get to know the heads of the sexual deviance, theft, and their use of social media. gangs. Page 78

"We say, You've got to control your boys inside keep a record of the times they handcuff and detain this school. We're going to hold you responsible for students. what they do," Moore said. Educators in Houston say they are not bothered by The biggest challenge, he said, is developing having an armed officer. patience. "You can have any intruder who comes on the "If you don't have patience," he said, "you'll find campus," said Deirdre Sharkey, principal of Attucks yourself going to prison." Middle School. "Just for security and safety overall, I Fully armed officers feel like the campus officer should have a gun." It was dismissal time at Worthing High. A group of Police as enforcers about 60 students had gathered across the street in a The officers - accompanied by Reno, a Dutch local shopping strip when a fight broke out. Gun shots shepherd specially trained to detect drugs, weapons, pierced the air. and explosives - stop at Room 303, a science class. It's School police officer Jason Watson, 30, called for one of two classrooms randomly chosen to be backup, then drew his gun. searched on this Monday afternoon at Lee High, a But he never had to use it. Confronted by Watson, 1,600-student school in a hardscrabble neighborhood the shooter surrendered. ridden with gang rivalry, notably the Southwest That incident, more than a year ago, was a rarity Cholos and MS-13 out of El Salvador. for the district. "I need everybody to empty your pockets," school An officer fired a gun only once in the last five police officer Paul Crosser tells the class. "ID on your years, and it was while the officer was off campus and desks. Backpack. Everything out of your pocket." off duty. "Everything?" one student asks, looking Officers hardly ever draw their guns on campus, bewildered. school district records show. And they haven't been "Everything," Crosser says. "Cellphones, wallets, fired upon in recent memory, district police officials money, love letters, you name it." say. Students file out of the room and line up against Over the last five years, officers displayed their the wall. They aren't permitted to talk or use the weapons on campus 16 times and off campus 10 restroom. times. Into the room romps Reno. The dog leaps up on the Most of the officers said they had never had a long table, trotting from backpack to backpack and student try to get their weapons, and on those rare sniffing. Soon, he sits in front of one. occasions, the student was not successful. "That's an alert," calls out the K-9 officer Stephanie The officers use holsters designed to prevent an Clinton, searching the items to find the student's intruder from gaining access, Chief Dotson said. The name. guns are equipped with primary and secondary Crosser, 48, orders the teen to come into the releases, and officers are required to train with the classroom. weapon once a year. With Reno by his backpack, the 16-year-old enters Unlike Philadelphia, which has walk-through metal the classroom. detectors at its middle and high schools, Houston uses "Is this your stuff?" Clinton asks. only handheld detectors on students, if administrators He nods. suspect they may be carrying a weapon. "The canine alerted to it. Let the officers search In addition to guns, the officers also carry an you over there." expandable baton and foam that acts as pepper spray. Crosser asks him to take off his socks and shoes, Of the weapons, they have used the batons most often then frisks him. on campus - 34 times over five years, the district said. Clinton doesn't find anything in the backpack and They have fired the foam seven times on campus. figures it may have been exposed to marijuana smoke The on-campus use of weapons over the last five recently. years was greatest last school year, with 16 uses or "If you hang around with people who smoke, you displays. need to tell the officers right now," Clinton warns. Since September, police have handcuffed or "I hang around with people who smoke," the boy restrained students 113 times. A new law that took says. effect Sept. 1 requires school police departments to "When?" Clinton asks. Page 79

"Last week," he says. At the 1,600-student Davis High, principal Jaime Crosser finishes searching. Castaneda is so pleased with the work of school police "Go back outside, and you're not to discuss this officers that he has reached into his high school with anybody," Crosser tells him. budget to pay for two additional officers. (The district Two other students also are called in for searches. pays for the first.) The officers confiscate a lighter from one, examine He credits Moctezuma with helping shrink the his tattoo, and ask him about gangs. school's dropout rate. It went from 18 percent in 2006 The search uncovers no illegal drugs or to 3.4 percent in 2010, the best in the district. paraphernalia, but it serves as a chilling warning to "Basically, they control the building," Castaneda students on what can happen if they bring drugs or said of his officers. "They enforce the law. They weapons into the school. mentor. They counsel. They look at the whole kid." In Pennsylvania, police can use dogs to search At a recent assembly, the student body gave students' personal belongings if there is "reasonable officers a standing ovation. suspicion" of crime. Dogs can sniff lockers if students "To me, that was a real indication of what our have been warned in advance. school thinks of our police officers. It kind of made Houston's practice wouldn't fly here. me jealous," Castaneda quipped. "It's a violation of people's privacy, unless there is The role of officers varies depending on the officer some suspicion that there's a problem with a particular and the principal. group of students," said Harold Jordan, a community At some schools, officers help check in students organizer for the American Civil Liberties Union in who are late. They respond to profanity and minor Philadelphia. disruptions in the classroom. Other cops get involved Lee principal Xochitl Rodriguez-Davila supports only in incidents deemed criminal activity. the dog searches. All the officers patrol in and out of the schools and "If students make poor decisions and bring handle arrests. marijuana or things they shouldn't bring to school," Some days are slow; others are busy. she said, "then, for the safety of the rest of us here on "On Friday, I didn't get to eat lunch until 3," said campus, we need to be aware of it." Rodolfo Silva, 38, an officer at Davis. More than policing The school had several substitute teachers that day School police officer Manuel Moctezuma arrives at who called for assistance, he said. He also arrested a Roberto Piñon's house. teenage trespasser, likely there to help a cousin fight, The ninth grader had missed some or all of 17 days Silva said. of school at Davis High this year, and it was only Oct The former city cop moved to schools because he 10. As Davis' truancy officer, Moctezuma needed to wanted to work with youth. find out why. (In Philadelphia, school workers - not "I like being involved in kids' lives," Silva said, police - visit the homes of truant students.) "trying to guide them the right way." Maria Piñon, 24, Roberto's sister, answers the door. Silva was featured recently on CNN for his role as "These are all the days we show him being absent, a youth boxing coach. One of his female prospects, unexcused," Moctezuma says. "You need to let him whom he has trained since age 11, has qualified for know he can be fined. We're trying to avoid that." the 2012 Olympics, the first to allow females to Piñon says her brother is having a problem: "He compete in boxing. was skipping classes because there were some guys A Houston Golden Glove himself, Silva agreed to bullying him and saying that they wanted to beat him train the girl if she kept her grades up and behaved. up." "She fell in love with the sport so much that she Moctezuma looks surprised. Roberto didn't report did a total 180 and graduated president of her class." that to a police officer. Nearly half his job at Davis involves mentoring, he " 'Cause he said he didn't want to be a snitch," said. Piñon explained. "I think they were gang members." "We get a lot of knocks on that door from students Moctezuma tells Piñon to have her mother visit the asking for advice." school as soon as possible, "so we can talk to her and That morning, a female student sought out Silva's take care of that situation." partner, Patrick Haywood, 39, for advice on an older Page 80

man who had been sexually harassing her at work. Under a new law in Texas, sixth-grade students or Another asked how to become a police officer. younger can no longer be cited or arrested for Senior Cristina Guerrero, 17, said students felt disorderly conduct or other lesser offenses, only for safer with the officers and enjoyed interacting with assault and higher-level crimes. them. For older students, discretion on arrests largely lies "They're superfriendly," she said, "and they get with the officer, in consultation with the district along with us and laugh with us." attorney's office and school administrators. Back at school, Moctezuma learns that Roberto has Sometimes, principals get upset when an officer shown up for class. Moctezuma calls him to the won't arrest, but Chief Dotson tells the officers to hold office. They are joined by Silva and assistant principal firm. Brandy Johnston. "We always tell them, If you're going to err, err on "I just came from your house," Moctezuma tells the the side of caution," he said. "We don't want to have teen. "Your sister gave us some information that I to be the gateway to the criminal justice system for think we need to talk about." our students." Roberto denies he has been bullied. Before officers make an arrest, they call the district Johnston sees that he has missed some classes attorney's office and ask if the charge will be repeatedly. accepted. "What's going on in geography?" she asks. "Is In Philadelphia, school cops call city police, who somebody bothering you?" decide whether to take a student into custody, though "Nothing like that," Roberto says. "In those classes, the district attorney has the ultimate say in whether I don't feel comfortable. I'm behind, and I can't catch charges will be filed. up." Houston officers use arrests in cases of aggravated Roberto's mother, Juanita Trego, arrives. She assault, robbery, and other serious offenses. For minor confirms through an interpreter that Roberto has been incidents, such as disruption of class, officers often bullied and that he sneaks out at night. issue students a citation. Principal Castaneda said later that he would get "Disruption of school activities," for example, Roberto into a program for at-risk students. carries a $380 fine, similar to the penalty for running a When to arrest red light. The call came in: disruptive student throwing Officers can also issue citations for offenses like chairs. disorderly conduct. A judge can then dismiss them or "Yeah, this is Unit 8. I'm en route," officer require community service or probation. School police Landrum Price, a math teacher-turned-school cop, can also issue written warnings. says as he hurries out of the principal's conference At Attucks, a 450-student school in a largely poor, room. black neighborhood known as Sunnyside, few Taking two, sometimes three, steps at a time, he incidents this year have resulted in arrest. hurried to an upper floor of Attucks Middle School, As of Oct. 11, Price had made three and issued one where he found the sixth grader with an angry scowl. citation. Two were outstanding bench warrants. In the "Son, why are you throwing chairs?" third, a disruptive eighth grader was arrested for The 11-year-old explained in a whiny voice that a cursing out a teacher and then evading Price when the much bigger seventh grader had been "bullying" him. officer came to assist. The citation was for fighting. Price shook his head. Last year, he arrested nine and issued about 30 "But you were throwing chairs. You cannot be citations, he said. The year before, his first at Attucks, throwing chairs inside the school. That's unacceptable. was the most difficult. He had five felonies in one Period." week, he recalled. Another teacher showed up and told Price that no "It has been a tough battle," he said. one had been bullying the boy: "He just freaked out." The protocol on arrests is clear, Price and Attucks "All right, come on, son," Price said, putting his principal Sharkey said. arm around the boy. Assaults and drugs are "nonnegotiables," said Price, 45, said he would turn the boy over to Sharkey. They result in arrest. administrators for discipline. Page 81

"Pretty much when you get into criminal mischief," Graham said she was grateful for Demby's she said, "Officer Price calls the D.A. to see if it is an warning. allowable arrest." "There's a lot of stuff going on," she said, "and he Who's in charge? seems to be really concerned." At Yates, Kiera Turner, 18, is telling Officer http://www.philly.com/philly/education/20111106_Armed_w Demby that she has been threatened. "I can't go back," ith_guns_and_understanding.html she says. "You're correct," he replies. 11-11-05 Memphis TN pizza delivery guy shoots "It's like I'm running," Turner tells him. would-be robber The teen left her home in Louisiana because of MEMPHIS, Tenn. (AP) — An 18-year-old man a differences with her family. She came to Houston to pizza delivery driver says he shot in self-defense is in stay with a friend of her cousin's. custody in fair condition at a Memphis hospital. But now, that living situation has grown menacing, Authorities say the unidentified pizza driver drew she confided to school counselor Temeka Jeffery, who his own handgun after the would-be burglar told him summoned Demby for help. to hand over his cash while delivering three pizzas in Demby calls Turner's grandmother in Baton Rouge south Memphis. to see if Turner can return home. The teen cries. She The Commercial Appeal reports it's the second doesn't want to go back, she tells him. robbery attempt on a Papa John's delivery driver in the Demby hands the phone to school counselor last eight months (http://bit.ly/vcLbI5). The first left 56- Jeffery and rubs Turner's shoulder. year-old Ron Brake dead. Another delivery driver was "Your grandmother says you're a hardhead," he killed in a 2009 robbery attempt. tells her in a low, soft voice, tapping her forehead. "Is This time, the delivery man pulled a .38-caliber that true?" handgun and told police he fired five times at the Demby suggests a homeless shelter. She says no. alleged robber, who dropped his own .38 and fled "We've got to get you out of here and make a fresh across the street. Hez was later found at his sister's start," Demby says. home. Jeffery said she was relieved to be able to call on The 31-year-old driver told police he was walking Demby. to the door of the house when he noticed a man hiding "It's always great to hear two sides," she said. "The behind a bush in the yard. The man called out to him counselors are the warm and fuzzy. The officers are and told him to drop his money. That's when the cutting-edge, straight to the point." driver says he pulled his gun and fired. While helping Turner, Demby was summoned by Dalya Qualls, a spokeswoman for the Tennessee another administrator enrolling a student from a Department of Safety in Nashville, said the pizza disciplinary school. The administrator wanted the boy, deliveryman had a valid gun carry permit. Papa John's 15, to hear the school rules from Demby. prohibits drivers from carrying weapons, including The teen had been in trouble for "excessive firearms, while delivering food. http://www.jacksonsun.com/article/20111106/NEWS01/1110 fighting" at his former school and has said he knows 60342/Memphis-pizza-delivery-guy-shoots-would- gang members. robber?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE The teen's grandmother, Patricia Graham, made a %7Cs face at her grandson's admission. "Please don't get involved with that. Please," 11-11-04 Police commander's traffic stop raises Demby told the boy. "I'm going to do my job. I just questions of safety want you to know: I will communicate with your A Pittsburgh police commander's traffic stop of a grandmother." man on Route 28 while her teenage daughter was a He tells the teen he will write him a ticket if he passenger in her unmarked police car has raised safety catches him smoking pot at the local Burger King concerns by some police experts, including the after school. On the second offense, he says, he'll lock president of the city's police union. the teen up. Cmdr. RaShall Brackney pulled over Richard W. "We're trying to be sure you're successful," Demby Green on Oct. 16, while her 18-year-old daughter sat said. "The only way you're going to be successful is if beside her, and then waited for uniformed officers to you stay out of the mix." arrive before writing the ticket herself. Page 82

"It's not smart. It's unsafe. What if the person you would not stop. Once she had Mr. Green pulled over pull over were to produce a firearm and kill you and on the side of the road, near the 31st Street Bridge, then say, 'There's a witness, I have to eliminate the she waited in her vehicle for at least three marked witness too'?" police union President Dan O'Hara said. squad cars to arrive, Chief Donaldson said. "Every traffic stop has the potential to turn violent. A Mr. Green said he had been driving behind the traffic [violation] is not so serious an offense as to put commander's car when he passed her on the right and a civilian at risk -- ever." then moved in front of her. The driver was in If a rank-and-file officer were to perform such a plainclothes, he said, and her front-seat passenger was stop he would be disciplined, retrained or counseled, a girl who looked to be in her teens. Officer O'Hara said. Police bureau policy bars When both vehicles had reached a stop light, he civilians from traveling in police vehicles without a said, she pulled up next to him and motioned for him liability waiver, except in certain circumstances. to roll down his window. She told him he had But those rules do not apply to vehicles assigned to neglected to use his turn signal when he went around senior supervisors, such as Cmdr. Brackney and other her. He rolled up his window and continued driving brass, who are exempt because they are on-call around when the light turned green, at which point he heard the clock, Deputy police Chief Paul Donaldson said. sirens and saw the lights. He said the commander acted appropriately when Once they had pulled over, he instinctively passed she saw Mr. Green, 70, of Homewood, driving his license and information to a uniformed officer who "erratically" on Route 28. She cited him for reckless had also approached him, he said, because "I did not driving, a summary offense, writing in a traffic stop know she was a police officer. ... I just thought she report that he weaved in and out of traffic, failed to was someone who was upset because I passed her." use turn signals, refused to stop and was rude, Cmdr. Brackney and her daughter were no safer aggressive and hostile. because she remained in her vehicle while waiting for Cmdr. Brackney, who oversees the North Side backup, Officer O'Hara said. station, declined to discuss the traffic stop or the "We've had officers killed in their patrol vehicles," nature of her daughter's ride, saying she does not he said. "We've had officers killed before their backup comment on "my work life or my personal life." ever arrived." Some in law enforcement questioned her judgment, But Chief Donaldson said it would be irresponsible including Joseph Pollini, a retired New York Police for the commander or any officer to take no action in lieutenant commander and criminal justice professor a situation they deem unsafe for the public. at the John Jay College of Criminal Justice, who said "There is always a danger," he said, "but you have officers should rarely involve themselves in incidents to measure which one exceeds the other." while off-duty unless it is to protect life. It is unclear how often civilians ride in "You do have a certain responsibility to protect the commanders' vehicles, because they are not required public, but in this particular case, it was nothing to document their passengers or the purpose of the dramatic," he said. "It's a traffic infraction. To get trip. That bureau rules governing civilians in police involved off-duty like that because of a traffic vehicles don't apply to commanders is a "problematic" infraction makes no sense. She's putting the life of a double standard, said Elizabeth Pittinger, executive child in harm's way." director of the city's Citizen Police Review Board. Off-duty encounters are so discouraged by the New "There's a whole range of issues with it," she said. York Police Department, he added, that high-ranking "It's different rules applying. That is very destructive supervisors must respond to the scene and investigate to the integrity of an organization." them. Police brass should be able to take their vehicles In Cmdr. Brackney's case, she encountered Mr. home because they often need to respond at a Green about 1:15 p.m. while driving south on Route moment's notice, she added, but "the use of that 28. vehicle, that maybe needs to be tightened up." "She realized he was a danger to himself and the While most police agencies have written policies motoring public, so she activated her lights in an limiting civilian ride-alongs with patrol officers, rides effort to get him to pull over so she could stop him with supervisors who have "take-home" vehicles often before he hurt himself," Chief Donaldson said. She go unregulated because they are much more rare, said radioed that she was following an erratic driver who Page 83

Thomas Aveni, the executive director of the New But Tom Howell Jr. of The Washington Times also Hampshire-based Police Policy Studies Council. raised the red flag for readers, reporting that the chief "Something like that could easily slip through the said cold-weather clothing coupled with street cracks as far as having some prevailing department arguments is a “recipe for disaster.” And herein lies procedure," he said. Chief Lanier's unbelievable remark: "Last night is a Civilians are not allowed to ride in Pennsylvania result of that ability to conceal guns in public." Say it State Police vehicles, except in "unusual ain't so, chief. circumstances," and troopers do not make traffic stops That the chief recognized October as a most with civilian passengers, a spokeswoman said. challenging month for law enforcers is good news for Similarly, for safety reasons, Allegheny County all kindred spirits of law and order. After all, she did sheriff's vehicles "shall not be used for personal put manpower into action last month by conducting business" at all, Sheriff William Mullen said. spot checks of criminals and suspects for contraband http://www.post-gazette.com/pg/11308/1187364-85- and implementing her "All Hands on Deck" program 0.stm#ixzz1dsTHY32w in communities across the city. But bowing to the underground? The chief is trying 11-11-03 Pennsylvania man swaps inmate to lower the public's expectations, essentially warning costume for inmate uniform us that, hey, that man in the grocery store waiting to Reuters) - A Pennsylvania man who wore a buy his Thanksgiving turkey may also be hiding a prisoner costume for Halloween was forced to swap it handgun next to his wallet in the inside pocket of for a real inmate's uniform when he was arrested for North Face jacket. having a stolen handgun, authorities said on Thursday. Or warning, warning: The teen sporting a poofy Gregory Moon, 22, of Charleroi, Pennsylvania was down vest could be packing as he conducts his last- arrested early on Tuesday after police discovered a minute Christmas shopping.What will her excuse be pistol in his car outside a house in Donora, in the good ol' summertime? Pennsylvania, where a large number of people had The real deal is that neither the chief nor the mayor gathered, court documents said. wants law-abiding folks carrying weapons. And they Moon, who wore a black-and-white striped voiced such displeasure when Congress considered a prisoner's costume, allegedly shouted insults at police law that would have allowed out-of-towners with duly after they used a Taser and pepper spray in the arrest registered guns to possess them in the District. of another man, the documents said. Guns in and of themselves are not the problem. Moon was charged with receiving stolen property, A gun cannot jump into the hand of an individual, carrying a firearm without a license, disorderly aim itself and fire itself. conduct and other offenses. It must have a willing accomplice, and coats, After he was arraigned, he was taken to a jackets and baggy pants and sweat clothes simply Washington County jail where he was made to change don't fit the bill. into an orange inmate's outfit, police and jail officials • Is Ron Moten poking at Mr. Gray or mimicking said. President Obama? http://www.reuters.com/article/2011/11/03/us-prisoner- costume-idUSTRE7A26CB20111103 Residents and crime-fighters can always count on Mr. Moten, the Democrat-turned-Republican, for 11-11-02 DC police chief Lanier needs to chill insight on crime trends and spikes in crime that are out on legal guns media-worthy. Metropolitan Police Chief Cathy L. Lanier He and Peaceaholics, the group he co-founded, anticipates gun violence to escalate as colder weather make grass-roots efforts to police communities and settles in. politicians alike. But Mr. Moten, who recently That seems to be the first and most logical launched his campaign to unseat Ward 7 D.C. Council conclusion to statements she made Tuesday, after a member Yvette Alexander, just tarnished the jewel in night of violence in every quadrant of the District. his crown by overplaying the victimization card. "October is always one of our most challenging In a Nov. 3 statement on the Halloween night months," the chief said at a post-Halloween press violence, he poked holes in the mayor's "One City" conference with Mayor Vincent C. Gray. mantra, revealed in his oh-so Democrat-like hand on Page 84

class-baiting politics. And he kissed off an portion of the civil service exam taken by potential opportunity to lay out his own platform. officer candidates. After saying he was saddened by the violence that We are pleased that the administration is partnering occurred on Halloween and that residents of Wards 7 with Community College of Allegheny County to and 8 are victimized by violence on a "regular basis," prepare candidates for the written exam, as well. The Mr. Moten said his campaign "will release a plan in mayor acted on our requests regarding these three the coming weeks on how to address this problem." issues. Sounds like the words of a cookie-cutter black As a member of the national organization Mayors liberal, eh? Against Illegal Guns, Mr. Ravenstahl also understands • And the first shall be last. Council member that we must reduce the number of illegal guns on our Tommy Wells, who wants to repeal the city's Internet city streets. This is all commendable. gambling law, says there is a bit of confusion making We embrace our city's Lost and Stolen Firearm the rounds of the faith-based community. Ordinance of 2008. That ordinance requires gun "I don't think they understand it's gambling, and owners to report a lost or stolen firearm within 24 some ministers were surprised when I told them what hours of discovering it missing or face a fine and i-gaming is all about," Mr. Wells told reporter Jeffrey potentially jail time after multiple offenses. Anderson. "Anyone can say that [popular video On July 22, 2009, the Pittsburgh Post-Gazette games] 'Dungeons and Dragons' is i-gaming, or Pong. quoted the mayor as saying in reference to the "Who would show up for a listening session on i- ordinance, "We'll sit down with the chief and ... could gaming if they announced it's all about legalized start enforcing that shortly." More than two years later gambling? It would be a different show." I'll clarify: i- not one person has been fined, charged or prosecuted gaming is gambling via the Internet, and Mr. Wells is under the law. a staunch supporter of yanking the law off the books. Whether intentional or not, we believe this to be a That's why Ward 6, home to Capitol Hill and dereliction of duty on the part of the city government. military employees, much of the city's small-business Have there been no lost or stolen guns used in violent community and low-income residents, is dead last on crime in Pittsburgh over the past two years? the list for a community forum on the controversial Gun violence is one of the most pressing issues issue. facing the city of Pittsburgh, and it demands an My advice to Mr. Wells is to round up the faith- urgent, forceful and comprehensive solution, of which based objectors for the Nov. 21 forum. the mayor is a critical part. There is great concern in Round 'em up. our communities that not enough is being done by the http://www.washingtontimes.com/news/2011/nov/2/lanier- city to address the issue and, as the elected leader of needs-chill-out-legal-guns/ Pittsburgh, the mayor can change that. We have not received a response from Mr. Ravenstahl to our recent requests that he meet with us 11-11-02 Stop the violence in Pittsburgh to discuss gun violence or attend the interfaith The mayor is helping, but why hasn't he done more network's Public Action Meeting tomorrow at 7 p.m. to get guns off the streets? at Rodef Shalom Congregation in Oakland. The leaders of the Pittsburgh Interfaith Impact One thousand concerned citizens will take part in Network share Mayor Luke Ravenstahl's great that meeting to support efforts to make our city safer. concern about the safety of Pittsburgh residents and Will the mayor attend? police officers. One thousand constituents want Mr. Ravenstahl to We all know that gun violence has taken a great make greater commitments to fight gun violence in toll on our city in recent years. We thank the mayor the city of Pittsburgh. Will the mayor attend? for working with us to find ways to make Pittsburgh a U.S. Attorney David Hickton, Police Chief Nathan safer city. Harper, Pittsburgh Public Schools Superintendent Through the course of meetings between the mayor Linda Lane, county executive candidate Rich and the interfaith network this past year, the mayor Fitzgerald and others have committed to be there. Will has agreed to fund diversity training for the police the mayor attend? force and to expand the number of community The future of Pittsburgh hangs in the balance. We members who sit on the panels that score the oral will be addressing gun violence, public transportation, Page 85

good jobs, public education and civil rights for and resisting arrest. Wright characterized him as an immigrants. For the leader of a city, few issues are "animal" during Monday's news conference. more important. Will the mayor attend? Since making the suggestion that women lawfully All of us, political leaders and citizens alike, have a arm themselves, Wright said his office has received responsibility to work to improve Pittsburgh. Only more than 200 phone calls supporting his stance. Only together can we succeed. Will the mayor attend? one didn't "praise" the call to action, he said. Rev. Richard Freeman, pastor of Resurrection "We're not trying to raise up a militia here, we're Baptist Church in Braddock, is president of the sending a message to the bad guys that we're tired of Pittsburgh Interfaith Impact Network (piin.org). This it," he said. "I'm through getting bit." article was submitted on behalf of the network and "There are tons of guns on the street now, I would signed by 16 clergy members of various religions and just prefer to train the good people who have them so denominations. there'd be less accidents," Wright said. "I am http://www.post-gazette.com/pg/11306/1186703-109- plainspoken in a lot of aspects and we cannot be 0.stm#ixzz1dsUm5Pl0 everywhere. I think the people in this county understand how I go after these drug dealers and 11-11-01 South Carolina Sheriff: 'You Need to people who break into our homes … We're just very Protect Yourself' relentless in our pursuit of justice." A South Carolina sheriff is making the Asked if he believes his message resonated with extraordinary suggestion that local women arm Spartanburg County residents, Wright replied: "I themselves following the attempted rape of a woman would say that if you're a concealed weapons permit at a local park, saying, "you need to protect yourself." instructor, you're about to make a lot of Christmas Spartanburg County Sheriff Chuck Wright, the money." county's top law enforcement officer since 2005, http://www.foxnews.com/us/2011/11/01/south-carolina- suggested local women apply for a permit to carry a sheriff-need-to-protect-yourself/#ixzz1eRjjtjJC concealed weapon during a news conference Monday about the attack on Sunday at Milliken Park in 11-11-01 SC Sheriff tells women to get guns to Spartanburg. ward off attacks "It just struck me wrong that we keep telling (Reuters) - A South Carolina sheriff who called for everyone 'trust us, trust us, trust us,' but in reality, you women to carry guns to defend themselves against need to protect yourself," Wright told FoxNews.com. assaults said on Tuesday he has received a positive "If you are not a convicted felon or someone who response to his advice. causes trouble or don't have any mental issues, buy a During a press conference Monday about a rape weapon to protect yourself and get some good suspect's arrest, Spartanburg County Sheriff Chuck training." Wright said women should walk in groups and get a Walter Monroe Lance, 46, of Spartanburg, was gun. charged Monday with kidnapping, first-degree "I don't want you to go for the Mace. I want you to criminal sexual conduct and grand larceny in go for the concealed weapons permit," the sheriff said, connection with the attack. Lance was ordered held according to a video of his remarks. without bond, Wright said. Wright said women could conceal a small pistol Wright suggested that had the unidentified victim inside a fanny pack when they go out jogging. been armed, perhaps with a .45-caliber handgun "They got one called 'The Judge' that shoots a .45 concealed in a fanny pack, she would have stood a or a .410 shell," he said. "You ain't gotta be accurate. better chance fighting off her attacker. You just gotta get close." "If she didn't shoot the guy, she could have at least Wright's comments were prompted by the case of stopped him and made him leave her alone," Wright Walter Monroe Lance, 46, who was arrested in a park said. "You can defend yourself." Sunday and charged with kidnapping, rape and grand Wright said he was "tired of looking at victims" of larceny. The suspect has a long record of arrests. crimes whose perpetrators are arrested multiple times Wright said he knew he would "get all lit up" by and are later released without significant jail time. anti-gun activists for his remarks, but he was Lance, for example, had been arrested more than 20 frustrated that Lance kept getting out of jail. times, he said, including for offenses like rape, battery Page 86

"I really think that would send a message to some "Witnesses said after he fired, he ran back into the hotel into of these people that can't control themselves that you a room that he was occupying, grabbed some things and fled the scene in a Toyota Tacoma," DiGiacobbe said. better be really cautious who you mess with because The truck in which Post fled was later recovered along Hartge they might be armed," Wright told Reuters on Road in Lower Burrell near the Upper Burrell line. Tuesday. According to DiGiacobbe, a witness saw a white man leave "Just presenting a weapon could have prevented the truck and walk into the woods wearing a backpack. this whole thing from happening." "He is armed and dangerous," the sergeant said. "The police are still actively looking for him. If he is seen, do not make any It is legal in South Carolina to carry a concealed contact. Call the police immediately." weapon following training and certification. Since his Post is described as white, 5 feet 11 inches and 180 pounds, remarks, Wright said, people have told him, "Thank with dark hair coming below the ears and a beard. He may have you for saying what I've been thinking." been wearing a gray sweatsuit when last seen, DiGiacobbe said. But not everyone agreed with the sheriff's advice. Interviewed at the scene, Janosky said Post has worked for him in his remodeling business. "He's blaming the victim," said Melonea Marek, Janosky, 44, said that after talking with Post by phone, he executive director of People Against Rape, a nonprofit pulled into the large parking lot at the Clarion and saw him rape crisis center in North Charleston. "There's not a standing at a door about 75 yards from the hotel's main entrance. guarantee that a gun was going to stop that guy from He said he pulled his pickup truck up to where Post was hurting her." standing and was looking down when he felt the truck shake. "I thought he threw a rock at me," Janosky said. "I look up Caroline Brewer, spokeswoman for the Brady and he's shooting his gun at me. I threw it in reverse and got the Campaign to Prevent Gun Violence, the nation's hell out of there." largest gun control advocacy group, said a 2009 study There were at least three bullet holes visible on the driver's found that people who carry guns are 4.5 times more side of Janosky's truck, including one right above the driver's likely to be shot than people who don't. side window. He said he felt another one pass by his leg. The part of the parking lot where the shooting took place was "We share the sheriff's concerns about protecting littered with at least eight shell casings. women from dangerous men, but what we know for "I look at those bullet holes. ... I almost died right there," a sure is that when people carry guns, they greatly shaken Janosky said. increase their risk of being shot," Brewer told Reuters. http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s "To encourage a woman to carry a gun is to _759902.html#ixzz1ZijuWFDW encourage her to put herself at much greater risk of 11-10-02 Armed in Phila., licensed in Florida being shot and killed, and we would not recommend Inquirer Exclusive: A reciprocal deal lets Pennsylvanians it." get mail- order gun permits from Fla., where the rules differ. http://www.reuters.com/article/2011/11/01/us-guns-sheriff- Earl Page and his friend Rashad were hanging on a North idUSTRE7A077X20111101 Philadelphia corner on a summer night when a man began firing a gun, spraying bullets wildly. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Page caught a .45-caliber slug in the back and collapsed; his PS - Visit our alert archive / sign up to receive email alerts - friend died of a bullet in his brain. At first, Page, who was just http://jpfo.org/alerts.htm 14, told detectives from his hospital bed that he didn’t see his ======assailant — “I’m worried about my family,” he later admitted. But at an August 1999 preliminary hearing in the case, Page ***News Links testified that as he was “laying on the sidewalk,” he saw his assailant — Rafiq Williams, a gun in each hand, “still shooting.” 11-10-03 Police: Lower Burrell man shot at boss' pickup in At the trial, Page reverted to his original account, the jury hung, hotel lot and at a retrial, Williams was acquitted. Police were searching on Sunday night for a Lower Burrell Fast-forward to 2011. Rafiq Williams operates a North man who fired a dozen shots at a friend earlier in the day. Philadelphia security firm and has a permit to carry a concealed The incident took place about 3:24 p.m. in the parking lot of handgun — issued by the State of Florida. the Clarion hotel off Tarentum Bridge Road. There were no He obtained it even though Philadelphia police rejected his injuries. application on “good character” grounds. He was also rejected on City Detective Sgt. Dino DiGiacobbe identified the suspect as appeal by a city licensing panel after members heard about Charlie Post, 33, of Lower Burrell. A warrant has been issued for another case in which Williams fled police and was captured in a Post on charges of attempted homicide, recklessly endangering fortified “drug compound.” A further appeal is still pending in and aggravated assault. the Philadelphia courts. Several witnesses told DiGiacobbe that they saw Post fire a Like 900 other Philadelphians — a number that has handgun at a pickup truck driven by Terry Janosky, 44, of New skyrocketed in recent years — Williams easily circumvented the Kensington. local licensing process by obtaining a mail-order gun permit from Florida, where the rules are less stringent. Page 87

And because Pennsylvania and Florida have a reciprocal hitting an officer. He pleaded guilty to disorderly conduct, and agreement to respect each other’s gun licenses, local police are other charges were dropped. compelled to honor his permit, despite their opposition. Legis Still, he had no felony convictions, and in 2009 he got the lation pending in Congress — and endorsed by a majority of permit from Florida. House members — would extend the reciprocity nationwide. Nine months later, he was charged with the murder of 18- Philadelphia Police Commissioner Charles H. Ramsey said yearold Irving Santana, one of three teenagers who tried to break such broad reciprocity “undermines the traditional authority of into Hill’s car when it was parked in Olney. state and local governments to protect their citizens.” Fortunato N. Perri Jr., Hill’s attorney, has said his client shot The city argues that it needs latitude in determining who is a Santana because he feared one of the three teens had a gun. threat, because of long-standing problems in the court system. Williams got his mail-order permit from Florida even before An Inquirer report last year noted that while prosecutors in other the city’s gun-licensing panel rejected his appeal of the original big cities win felony convictions in half of violentcrime cases, in police turn-down. Philadelphia, prosecutors had been winning only 20 percent. At that hearing in 2009, Sgt. William Rodgers testified about One oft-cited reason is witnesses’ changing their stories or what happened when police arrested Williams in the drug- failing to appear in court, leading to acquittals for lack of compound case. evidence or reasonable doubt. Rodgers said there was an outstanding warrant for Williams Increasingly, Philadelphia police are discovering suspects when he spotted him on Nov. 14, 1996, near 32d and arrested here have Florida concealed-weapons permits. Cumberland Streets, and gave chase. That’s because most of the gun permits are going to the city’s He said Williams ran into a nearby house, where police found higher-crime areas, with concentrations in Olney and West six guns, including a sawed-off shotgun, and three bulletproof Philadelphia. vests that had been stolen from the Police Department. Rodgers Seventy Florida permit-holders list addresses in West said there also was a photograph of Williams holding some of the Philadelphia’s zip code 19143, which includes the Cobbs Creek guns. and Kingsessing neighborhoods. In 2005, there were three Police also found more than twothirds of a pound of Florida permits in that zip code. powdered cocaine and another container of crack cocaine, No other area of the state has that concentration of Florida Rodgers aid. permits, according to an Inquirer analysis of Florida permit data. Williams was arrested on drug charges and gun charges, but Among America’s 10 largest cities, only New York has more, the charges were later dismissed. with 1,400, and its population is five times larger. Philadelphia At the gun hearing, his lawyer — Bernard L. Siegel, who was has more Florida permits per capita than any other big city. also Williams’ attorney in the 1998 murder trial — As Florida permits have grown in popularity here — even acknowledged that it was “wrong” for his client to be in such a former State Sen. Vincent J. Fumo, now imprisoned on house, but pointed out “that was 13 years ago.” He also noted corruption charges, had one — a cottage industry has sprung up that Williams had obtained a Florida permit. to ease the application and approval process. Bradford Richman, an attorney for the city, countered that the A local psychologist offers a firearms-training program house where Williams was arrested was a “drug compound that tailored to the Florida law, and a local lawyer has been suing was reinforced and armed for confrontation.” That was enough to police who detain Florida permit-holders and seize their guns. show there were serious character issues that argued for denying Minor brushes with the law or character issues are not Williams a permit, he told the four-member licensing board. considerations for granting or rejecting a permit in Florida. The It agreed with Richman and rejected Williams’ appeal. key is that the applicant has not been convicted of a felony. Florida permits are attractive because the chances of being “I’ve never been convicted of anything,” said Williams, who approved there are far higher than in Philadelphia. is incensed because he has been denied a local permit. Last year, for example, 15 percent of Philadelphia’s permit Bruce Eimer, a psychologist and gun instructor who has applications were denied. (Nearly 4,400 permits were approved trained dozens of Philadelphians seeking Florida permits, said in the city during the same period.) Florida denied 1 percent. Florida’s reciprocal agreement with Pennsylvania and 31 other Philadelphia police said that when they cannot quickly verify an states was a key reason people want that state’s license. He out-of-state license, their commanders have told them to take the stressed that people with permits typically are law-abiding permits and guns from the suspects. citizens. That has spurred lawsuits, some of which have been settled “The people who don’t have permits, those are the people for cash awards, and problems of community relations. who commit crimes,” said Eimer, who also attests to the mental Montrell Bolden said he was suing. He said he got his Florida fitness of applicants for state security-guard licenses. permit after being acquitted of drug charges in 2007. But Ramsey points to the case of Marqus Hill, a Florida gun- He says police subsequently detained him in 2009 and permitholder awaiting trial on a murder charge. Police know him confiscated his .40-caliber Smith & Wesson, which he said was well. Hill, who had a previous attempted-murder charge worth $800, and never returned it. He said the Florida permit was dismissed, was denied a permit in Philadelphia in 2008. valid at the time. When Hill lost his appeal after a hearing in the Criminal Bolden currently is facing new drug-dealing charges but said Justice Center, he became agitated, witnesses said. that should have had no bearing on his suit. They said he immediately began cursing in the hearing room The person who got the biggest settlement is also in part and was ordered to leave. In the hallway outside, he struggled responsible for Philadelphia’s dramatic increase in Florida with police and was charged with felony assault for allegedly permits. Page 88

Richard Oliver, who runs the Parapet Group security firm, According to CeaseFirePA and newspapers in three received a $20,000 arbitration award after his 2009 arrest on Pennsylvania cities, the related events are cause for abject charges that he was carrying a concealed firearm without a despair: license — a felony. The case was quickly dismissed, but the • A horrible "loophole" exists in the reciprocal agreements record of the arrest still has not been expunged. between most states, including Pennsylvania, allowing for gun A memo on the arbitration award, written by the city permits issued in one state to be honored by other states, even attorney, said police refused Oliver’s “request for medical after a gun owner is denied a permit in his home state. treatment and for physician-prescribed medication which he • A Philadelphia man took advantage of the "loophole" to takes for high blood pressure, diabetes, high cholesterol and obtain a gun permit from Florida, resulting in the shooting death edema.” of an unarmed teenager last year. Oliver said in an interview that he showed police not just his A bill in Congress, co-sponsored by most of the Pennsylvania Florida gun permit but also valid permits from New Hampshire delegation, including U.S. Rep. Charles Dent, R-Lehigh Valley, and Utah. Police also rejected them, he said. would require every state to honor the gun permits issued by He had the permits because part of his business has been every other state. That, CeaseFirePa yelped on Thursday, "would training people to get out-of-state permits. expand the Florida loophole to every state," allowing pistol- Oliver estimated that he had helped 100 to 200 people get packing yahoos to run amok. Florida licenses during the last five years. The problem with those claims is that they are bogus. The “In Philadelphia, you can’t get a permit to carry if you owe entire premise is false. Let's start with what happened in Philly. parking tickets,” he said. “You owe the city, you cannot get a Marqus Hill, it was reported, had his gun permit revoked by permit to carry.” city police. That, said The Philadelphia Inquirer, happened "after Ronald Robinson agrees. He also was arrested by a 2005 confrontation with officers." He then got a permit by Philadelphia police for carrying a concealed weapon without a using "the Florida loophole," as CeaseFirePA put it. permit, a case that was subsequently dismissed. That "frightening loophole," wailed the Philadelphia Daily “It’s protection. It’s a right,” Robinson said of his license to News, resulted in 18-year-old Irving Santana getting shot full of carry. “I didn’t go though loopholes.” holes by Hill. "Outrageous," the paper said. "How many more He said Philadelphia police denied his application for a people have to be killed before lawmakers buck the NRA and concealed-weapons permit because of his past conviction for move to keep guns out of the hands of people who shouldn't have resisting arrest. them?" Robinson had pleaded guilty to the charge in 1999 in The Lancaster Intelligencer Journal/New Era, blaming the Delaware County and was put on probation for two years. reciprocity "loophole" for taking Santana's life, thundered that Police had contended that he was “the type of person who the new measure in Congress "threatens to force Pennsylvania to would hurt someone” when they denied his permit, he said. accept reciprocity with every other state." So, Robinson said, he simply sent an application to Florida, On Wednesday, a Pittsburgh Post-Gazette editorial cited the and had no trouble getting his permit there. Santana case as proof of a "lunatic loophole" and said the Another Florida permit-holder in Philadelphia, Shykeem proposal in Congress, if enacted, will cause untold "mischief and Leslie, was viewed by police as a midlevel drug dealer, misery" everywhere. constantly hustling dope and involved in violent crimes. Before you join the stampede to repeal the second item in the Before Leslie got his Florida license in January 2009, he had Bill of Rights, consider a few other facts. been arrested in three separate felony cases, involving charges of First, a gun permit had nothing to do with the Santana robbery, drug dealing, and aggravated assault. All those cases shooting, one way or the other. Police said Hill was in an were dismissed. apartment when Santana and two other thugs tried to break into In December 2009, Leslie was arrested twice on drug charges his car. He "bolted" out of the apartment with a gun to confront in North Philadelphia. them. Hill said one of the thugs also had a gun. During one of the arrests, police discovered a secret There is no legal requirement for a permit to carry a gun that compartment in the console of his car, between the front seats. is not concealed. Permits are only for concealed handguns. Hidden there was $3,650 in cash and 100 packets of drugs. Second, Hill was denied a concealed gun permit by police on Police also seized his Florida gun permit, for the second time. the flimsiest of grounds. He was not convicted of any crime and Leslie, 24, never had to go to trial. In the predawn hours of Aug. was employed as a security guard. That's why he had to resort to 18, 2010, he was felled by a hail of gunfire, shot in the chest, the Florida "loophole." shoulder, and arm in the 3200 block of North 27th Street. Third, a judge threw out the weapons charges against Hill, He was pronounced dead at Temple University Hospital. but kept the homicide charges, apparently because of excessive http://philly.newspaperdirect.com/epaper/showarticle.aspx?articl force. (Santana had 13 holes in him.) e=5bbd5def-8ae6-4f8c-bc9c- The Florida gun permit and any other reciprocal agreement 4543a944745b&key=P08toA68bnaOuy%2fWmhvl8A%3d%3d between states had absolutely nothing to do with the Hill-Santana &issue=10142011100200000000001001 situation. Legally, the situation would be exactly the same if there were no reciprocal agreements, no "loopholes," or no gun 11-10-02 Gun control hysteria is unfounded permits whatsoever. Something akin to hysteria has gripped some gun control The gun control frenzy in this situation is based entirely on advocates because of a fearsome combination of factors. fraudulent arguments. A few other points need to be raised. Page 89

Those who justify gun control by saying the Second regarding the use of marijuana for medicinal purposes and its Amendment applies only to a "militia" (which they say now applicability to Federal firearms laws." refers to the National Guard) apparently cannot read. Ferguson said any of his gun store customers who used The people who drafted that amendment — notably James marijuana or other controlled substances likely would not admit Madison and George Mason — explicitly and clearly defined it when they filled out the paperwork to buy a gun. "militia" as those armed citizens who are not under government "As long as they fill it out truthfully, it's out of our hands," he control. Does that sound like the National Guard to you? said. In Switzerland, virtually every law-abiding citizen is armed. Ferguson said it was ridiculous to think his store could police Mexico has rigid gun control and only government authorities all of its customers, and noted there are so many laws on the can legally be armed. In terms of crime problems, which of those books that are already difficult to enforce. two societies do you think has a better approach? "I don't know if you know it, but kids under 21 drink Gun permits are licenses that apply only to the privilege of alcohol," he said. concealed guns. Rights and privileges are not the same. Self- Despite the ATF's warning, Ferguson said, he finds it difficult defense is a right; driving a car is a privilege. Free societies can to believe the federal government, which has its hands filled with never let government restrict rights for the sake of expediency. other issues, would pay much attention to his store if he failed to I'd like to see what certain newspapers would say if someone comply. suggested that free press rights should be exercised only with "I guarantee that if I sold her a gun, there would be no licenses issued by government. penalty for it," he said. http://www.mcall.com/news/local/carpenter/mc-paul-carpenter- An ATF spokeswoman in Washington, D.C., confirmed that guns-20111002,0,5040659.column her agency has the authority to revoke a federal firearms license, but will also meet with a store owner to try to resolve the issue. 11-09-30 Armed guards on Danish tanker deter attack The Gun Control Act of 1968 says a store owner or COPENHAGEN, Denmark (AP) — Danish shipping group individual needs to have only a "reasonable cause to believe" that Torm says armed guards on one of its ships have deterred an someone is using a controlled substance to deny the sale of a attack by suspected pirates in the southern Arabian Sea. weapon or ammunition. Torm spokesman Jakob Risom says a skiff with six men The Sept. 21 ATF letter also makes it clear that even private approached the Torm Republic Thursday and opened fire the individuals who knowingly transfer a gun to another person who Denmark-registered product tanker halfway between Somalia uses a controlled substance would be in violation of the federal and India. law. Risom says four British armed guards shot warning shots into The state of Oregon takes a different position about medical the water after which the alleged pirates abandoned their attack. marijuana and guns. In Friday's statement, Risom said no one in the ship was Tony Green, a spokesman for the Oregon Department of injured, and they continued their planned journey to Taiwan. Justice, said there's no state law prohibiting medical marijuana http://news.yahoo.com/armed-guards-danish-tanker-deter- cardholders from possessing a gun. But he noted the federal attack-091514215.html government operates under different rules. "We're not in any position to prevent the federal government 11-09-30 ATF warns gun shops against selling firearms, from prosecuting federal criminal laws," he said. bullets to medical marijuana users The state Department of Justice agreed with a local medical Lori Duckworth had set her sights on a Walther P22 handgun, marijuana patient who was seeking a concealed handgun license but barely flinched when the owner of the Jackson County in a case that went before the Oregon Supreme Court. Armory in Central Point declined to sell it to her because she has "We argued that a medical marijuana card did not prohibit a medical marijuana card. someone from obtaining a concealed firearm license," Green "It looks like I cannot transfer it to you," said Harry said. Ferguson. "Sorry, I'm regulated by the federal government." The case involves Jackson County Sheriff Mike Winters and The Bureau of Alcohol, Tobacco and Firearms warned Gold Hill resident Cynthia Townslee. Winters argued that the federally regulated gun dealers in a Sept. 21 letter against selling federal Gun Control Act prohibits him from issuing a concealed guns or ammunition to medical marijuana patients, or to anyone handgun license to someone using a controlled substance, even else they believed to be using a controlled substance. one that is allowed under state laws. Winters lost the case in the Duckworth, executive director of the Southern Oregon Oregon Supreme Court, but has appealed to the U.S. Supreme chapter of the National Organization for Reform of Marijuana Court. Laws, or SONORML, fully expected Ferguson's rejection While the ATF letter explains there are no exceptions in because she made a point of explaining to him she is a medical federal law for medical marijuana use, an earlier letter from marijuana patient and also made him aware of the ATF letter. Dwight Holton, U.S. attorney for Oregon, indicated that federal "If you knowingly sell firearms or ammunition to a known agents would not direct enforcement efforts toward people who medical marijuana patient, even in a state where medical were following state law in using medical marijuana. marijuana is legal, you are violating the federal law," she said. In his June 3 letter to Southern Oregon NORML, Holton The letter from Arthur Herbert, assistant director of wrote, "While the (U.S. Department of Justice) does not focus its enforcement programs and services, came under the heading of limited resources on seriously ill individuals who use marijuana "Open Letter to All Federal Firearms Licensees," and said it was as part of a medically recommended treatment regimen in being sent out after the agency "received a number of inquiries compliance with state law, we will enforce federal law Page 90

vigorously against individuals and organizations that participate allowed to remain on the first floor, and a police officer will be in unlawful manufacture and distribution of marijuana." stationed by the elevators for enforcement. Holton warned Duckworth's organization, which is next door Muoio holstered her initial executive order, which banned to the federal courthouse in Medford, that any property engaged guns in City Hall, after it was deemed incompatible with state in activities deemed in violation of federal crimes could be law. Under state law, guns have been allowed in city halls since subject to federal charges and penalties, including property 1987, but West Palm Beach and many other municipalities seizure. enacted more-restrictive rules. After receiving the letter, Duckworth said, her organization But a new state law that takes effect on Saturday solidifies the stopped giving marijuana samples to patients for free. state's right to supersede any local laws on weapons and calls for She said it appears the federal government is ramping up a $5,000 fine, and possible removal from office, for public pressure against medical marijuana, citing a raid Wednesday officials who don't abide by it. night by the federal government on a Gold Hill medical Last week, Muoio said she would revise her first executive order marijuana garden. so that citizens with a concealed weapons permit could enter City "We're at a turning point with cannabis prohibition," she said. Hall with a gun, but would have to be escorted by a police officer But she added it will be difficult to end a decades-long while conducting business in the building. government war against marijuana. The city received numerous complaints from gun rights activists, "Our government has too much money invested in cannabis who argued that a police escort is unlawful detention. prohibition," she said, citing the dollars spent on prisons and The latest revision has all people visiting City Hall, including police who enforce marijuana laws. employees and commissioners, entering through the front doors She said while local gun dealers can't sell to medical and walking through a metal detector. Police officers will have marijuana patients, that wouldn't stop them from acquiring the option to check for permits of anyone who wants to carry a firearms. She noted much of the firearm trade locally is gun in the building, and that person will not be allowed to leave conducted through private sellers and said other medical the first floor. marijuana patients could have friends obtain guns for them at a "The first floor is the public area. Everything else is non-public," local store. While those transactions would also be illegal in the City Attorney Claudia McKenna said at Thursday's agenda federal government's eyes, it's unlikely they would lead to review meeting. prosecutions. Floors 2 through 5, including the commissioners' and mayor's Duckworth said her father, who was a Marine, got her offices, are "business offices," not public spaces required to be interested in guns at a very early age. open to gun-holders, she said. "Some people collect teapots," she said. "I collect guns." State law doesn't allow guns in meetings with a governing body, http://www.mailtribune.com/apps/pbcs.dll/article?AID=/2011093 so guns will be banned from the commission auditorium during 0/NEWS/109300344 city meetings. A city spokesman would not say whether officers will be stationed outside the auditorium or by the staircase that 11-09-30 Woman Shot in Holmesburg Attempted Carjacking leads to the second floor, to keep anyone from violating the rule. Philadelphia police are searching for a man they say tried to At the city library, also part of the City Center complex that carjack a woman in the Holmesburg section of the city on Friday houses City Hall, guns will be allowed, but "we are taking morning. additional security measures in the library which will not be The victim tells police that she was getting into her car near disclosed," city spokesman Chase Scott said. her home on the 7400 block of Jackson St. just before 7 a.m. Commissioner Kimberly Mitchell expressed concern that some when she was approached by a man wanting to take her car. public meetings, such as agenda review, are held on the 2nd In an attempt to get away from the suspect, the woman began floor, which McKenna now says it not a public floor. McKenna driving, according to the police. The man then fired a shot, said moving all public meetings to the first floor is a possible hitting the victim in the hip. solution. The woman was rushed to a local hospital where she is in "The whole area leading into the mayor's conference room [on stable condition. the second floor] is open to the public," Mitchell said. Police say the suspect is a black male wearing a black hooded "I believe that administration is trying to get to the right answer. sweatshirt and black pants with a white stripe. This will have to be a work in progress to figure out. I'm not a Anyone with information is urged to call police. gun fan but I'm a really big fan of the constitution." http://www.nbcphiladelphia.com/news/local/Attempted- Muoio said she expects people to test the new laws for the first Carjacking-Leaves-Woman-Injured-130842603.html?rr=td couple of days, "but after that it will not be a big deal." "We're not going to hassle anyone," Muoio said. "Anyone is 11-09-29 West Palm mayor revises executive order on guns in welcomed into City Hall, and we will comply with state law." City Hall … again http://www.sun-sentinel.com/news/palm-beach/pb-west-palm- It's take three for West Palm Beach Mayor Jeri Muoio as she gun-policy-20110929,0,3571227.story tries to come up with an executive order on guns that meets her City Hall safety concerns but goes no further than new state gun 11-09-29 UK Gun law guidance updated after Derrick Bird rights provisions allow. shootings On Thursday, Muoio announced the latest plan, to take effect on People given suspended sentences might be refused a Saturday: firearms licence following a report in the wake of the Derrick Citizens with a concealed weapons permit will be allowed to Bird shootings, the Home Office said. enter City Hall with a gun. However, the gun owner will only be Page 91

Bird, 52, shot dead 12 people in Cumbria in June 2010 before Gillen said Davis, who is not a student at the university, has turning the gun on himself. told police he did not recognize the intruders and could not In December, the Home Affairs Select Committee made a provide any further description of them. series of recommendations, saying current gun law was "a mess". Davis' father, Bruce Ferea, said someone had stolen items The Home Office said it would update guidance rather than from the home last week. make any new laws. Police have not charged anyone in that break-in and did not It said it had not taken on all the recommendations but would disclose whether they believe the incidents are related. take some forward and put them under review. Davis has not been charged with marijuana possession, but It indicated that in future it may be that someone who had Gillen said the investigation is continuing. been given a suspended sentence would be refused a firearms http://www.pittsburghlive.com/x/pittsburghtrib/news/regional/s_ licence. 759207.html Bird used legally-held firearms. But 20 years before the shootings he had been given a suspended sentence for theft. 11-09-29 Killer escapes prison, captured minutes later in 'Crucial changes' downtown Scranton A Home Office spokesperson said: "As the committee has Dave Hughes turned to find a shirtless, tattooed man recognised, the UK has strict gun laws and comparatively low knocking on the window of his Pennsylvania American Water levels of gun crime. van at Penn Avenue and Larch Street on Wednesday afternoon. "We will continue to keep the legislation under review." Mr. Hughes didn't know that Michael Simonson was an Home Affairs Select Committee Chairman Keith Vaz said: "I admitted murderer, just reported as an escapee from the am glad the government has taken seriously our Lackawanna County Prison, where he was awaiting trial for his recommendations to minimise further risks posed by legally-held alleged attempted murder of a fellow inmate at the facility last firearms." year. But he said he was disappointed that the minimum age limits So he rolled down the window. on the use of firearms had not been clarified and that there were "He told me that he broke out of prison and that he needed still 34 Acts of Parliament governing the area. my van," Mr. Hughes said. "When I told him 'no,' he punched me Her said: "Without these crucial changes to our gun laws, in my face." there will be a lack of clarity and consistency with the potential Only after Mr. Simonson brandished what Mr. Hughes that those who should not have firearms will have access to described as a penknife did the water company employee from them." Shavertown surrender the van and watch as the murderer The Countryside Alliance said it "broadly welcomed" the "hopped in" and sped off "like a bat out of hell." proposals but urged the government to engage fully with the Officials are still looking for answers about how such a high- shooting community in taking the proposals forward profile, dangerous inmate allegedly managed to slip the bonds of http://www.bbc.co.uk/news/uk-england-cumbria-15118002 captivity and make his way from the North Washington Avenue lockup into Central City, where he was captured soon afterward 11-09-29 Pot, cash found at site of California borough by a swarm of city police. shooting, police say A phone call to the office of Lackawanna County Prison Police investigating a home invasion Tuesday in California Warden Robert McMillan was directed to Lackawanna County Borough that left a man hospitalized with multiple gunshot Spokeswoman Lynne Shedlock, who said the request for wounds discovered 2 pounds of marijuana and a large amount of comment would be passed along. Mr. McMillan did not return cash inside the house. the request Wednesday. Police Chief Jeffrey Gillen said Wednesday that authorities in "I am dying to learn the answer to how this happened," said Washington County are continuing to search for the two men Lackawanna County Majority Commissioner Corey O'Brien, responsible for wounding Carey Joseph "C.J." Davis, 22. chairman of the county prison board. "This is outrageous and I'm He was shot several times at his residence in the 100 block of looking forward to hearing what transpired here. This is California Road, about a half-mile south of Vulcan Village, a absolutely outrageous." California University of Pennsylvania student housing complex. Anatomy of a crisis A state police forensic unit that went to the scene to collect A neighbor near the prison had just called in to the evidence after the 8:16 a.m. shooting found a bag of suspected Lackawanna County Communications Center at 1:25 p.m. to marijuana in the home, Gillen said in a news release. report that she saw a man climbing over a wall at the prison He said police subsequently obtained a search warrant and before running over to Mr. Hughes' vehicle, Lackawanna County confiscated 2 pounds of marijuana, drug paraphernalia and a District Attorney Andy Jarbola said. large amount of cash from the home. Within minutes, Mr. Simonson's jailbreak led to Lackawanna Davis was taken to UPMC Presbyterian in Pittsburgh by County Courthouse Square where he jumped from the moving ambulance. His condition could not be determined yesterday. vehicle in the 200 block of North Washington Avenue and took "Davis reportedly was awakened by his dog barking and off on foot down Spruce Street. observed two black males in the residence. Davis grabbed a As the van rolled into his Ford Edge parked outside of Edible firearm and chased the individuals out of the residence and was Arrangements, Don Jordan watched as a swarm of city police chasing them on foot up California Road when one of the officers converged on Courthouse Square and quickly took Mr. subjects turned and fired at him," Gillen said. Simonson into custody in a parking area behind the Brooks Davis suffered gunshot wounds to his upper left arm and Building off of Spruce Street, across from the Lackawanna buttocks, Gillen said. Page 92

County District Attorney's office - just seven minutes after the Following the investigation, Mr. O'Brien said the incident initial escape report. must be "thoroughly reviewed." "All of a sudden there were police all over the place," Mr. "I'm confident that the prison board will take swift action," Jordan said. "He jumped out and let it roll." Mr. O'Brien said. "The prison board and or the warden will take Mr. Simonson did have a makeshift knife on him at the time the appropriate action to hold those who are responsible for this of his arrest, which was executed without incident, Mr. Jarbola breach in security accountable." said. Whether Mr. Simonson had the help of others or some type of The Times-Tribune was unable to confirm where Mr. tools to get himself over the wall at the prison, said Mr. Jarbola, Simonson was being held Wednesday night. is "something that we're going to have to discuss with the Bernie Brown, who is representing Mr. Simonson in the warden." ongoing case in which he is accused of nearly stomping to death "I'm interested to find out exactly how it happened," he said. Nicholas Pinto, a fellow inmate at the prison, on Aug. 8, 2010, "You can't just climb over those walls." said he was on his way to visit his client at the facility when he Contact the writer: [email protected] left his office and saw the commotion downtown. "This is your guy," Mr. Brown said Deputy District Attorney Michael Simonson has been no stranger to violent crimes that Paul Ware, who is prosecuting Mr. Simonson, told him when he have made headlines in recent years. left his office. - €‚April 27, 2009: Donald Skiff, 34, of Plymouth, fails to "For him to be back at the county prison then escape ... it return from fishing with friends. Investigators later accuse Mr. obviously is bizarre," Mr. Brown said. Simonson and Elvis Riccardi of kidnapping, robbing, beating and A violent history killing Mr. Skiff. Mr. Jarbola said Mr. Simonson was being housed in the - €‚Aug. 4, 2010: Headbutts Mr. Riccardi during court Lackawanna County Prison because his co-defendant in a recess. Luzerne County murder case he pleaded guilty to last year is - €‚Aug. 8, 2010: Allegedly stomps on inmate Nicholas being held in the Luzerne County Prison and they had to be Pinto at the Lackawanna County prison and, days later, is separated. charged with attempted homicide. Mr. Simonson head-butted his co-defendant, Elvis Aaron - €‚Aug. 25, 2010: Pleads guilty to second-degree murder in Riccardi, during a court appearance days before the beating of the death of Mr. Skiff and is immediately sentenced to a Mr. Pinto. mandatory term of life in prison. Mr. Riccardi is convicted of "He had to be placed somewhere else which just happened to first-degree murder in 2011. be the Lackawanna County jail," said Mr. Jarbola, a member of - €‚December 2010: Pleads guilty to an attempted-murder the prison board. charge in the Pinto beating. Allegedly headbutts another inmate, How long and under what level of security Mr. Simonson Michael Strackbein, while shackled in a Lackawanna County was being held in the Lackawanna County Prison as of sheriff van. Wednesday was not clear, though it is less than 14 months since - €‚July 26: Withdraws guilty plea in Pinto case and guilty the attempted murder on Mr. Pinto, an admitted child plea to simple assault in Strackbein incident. pornographer who was sentenced to 15 years in federal prison on - €‚Wednesday: Captured in downtown Scranton minutes Aug. 25. after he reportedly escapes from county prison During a stay in the prison in August 2010, Mr. Simonson http://thetimes-tribune.com/killer-escapes-prison-captured- allegedly stomped Mr. Pinto in the head 15 times, putting him minutes-later-in-downtown-scranton- into a coma and causing permanent neurological damage, during 1.1210341?cache=03D163D03D163Dp%3A%2Fhe3D03Dn63Fr a lapse in security coverage of the then-accused murderer. eporti3D19%3Fcache%3D03D163D03D163Dp%3A%2Fhe3D03 Mr. Simonson has a hearing in that case on Oct. 12, Mr. Dn63Freporti3D19#axzz1ZLbCUJHH Brown said. Mr. Simonson's attack on Mr. Pinto, which, according to 11-09-28 School fight ends with 4 shot, including 2 children sources, occurred while a guard assigned to the area of the attack POINT BREEZE - September 28, 2011 (WPVI) -- Police are was out of the building at his car and another was taking a phone trying to identify two men who fired into a crowd last night. call, prompted the county prison board to request an investigation This all started as an ongoing dispute between four high into the facility by the state Department of Corrections. The school girls and ended with four people shot including a toddler. ensuing report did not mention the assault. "It's just reprehensible that a 2-year-old right now is in Mr. McMillan was appointed to the warden position in June, critical condition at CHOP," Philadelphia Police Captain following a six-month search in the wake of former Warden Laurence Nodiff said Wednesday. Janine Donate's resignation amid fallout from Mr. Simonson's The 2-year-old girl was one of four people shot when a melee alleged attack on Mr. Pinto. broke out in the 1200 block of South Bucknell in South Mr. Jarbola said detectives from his office are investigating Philadelphia around 7:30 p.m. last night. Wednesday's escape and will be filing charges of, at least, escape Earlier in the afternoon, four girls, three of whom attend and weapons possession, against Mr. Simonson, who recently South Philadelphia High School, got into a fistfight. withdrew his guilty plea in the prison beating case and is already Later, some of those girls accompanied by a parent showed serving a mandatory life sentence for the Luzerne County up at the house on South Bucknell looking for a 14-year-old girl murder. at her grandparents' home. "Needless to say he's going to be spending the rest of his life "They knock on the door. There's an exchange of words. in prison," he said. People from the group attempt to enter the house. There's a fight Page 93

as they attempt to enter the house. People from inside come out http://citizensvoice.com/news/griffith-seeks-gun-permit- of the house and then there's one large brawl outside," Nodiff applications-from-sheriff-1.1209810#ixzz1ZM6egcEC said. That crowd fought with sticks and golf clubs. 11-09-28 Florida blasts away at local gun rules Then, police say, two young men pulled guns and fired. State's cities scramble to eliminate regulation of firearms One resident, who did not want to be named, says, "I heard Kate Latorre’s law firm, which represents a dozen Central the gunshot and that's when I hit the ground." Florida cities and towns, has been scrambling in recent weeks. When the smoke had cleared, 58-year-old Andrea Pointer She and other lawyers at the firm have been working with city was hit in the leg. She was recovering at home on Wednesday. officials to hunt down and wipe out references to guns in Her 2-year-old granddaughter was shot in the hip, hand, and municipal codes. stomach. She was again listed in critical condition on Wednesday Such changes are popping up this month on government afternoon. meeting agendas throughout the county and state. That’s because, Her 10-year-old grandson was shot in the right leg. He is also starting Saturday, county, city and town officials will be recovering at home. personally liable for knowingly enacting or enforcing gun- A fourth shooting victim, a 25-year-old man, later showed up control rules in their ordinances, under a bill approved by the at Methodist Hospital with a gunshot wound to the hand. Florida Legislature. Police say the fight stemmed from inflammatory Facebook The law places new penalties in Florida law that says the posts back in July. state — and not counties, cities and towns — is solely On Wednesday, police stepped up patrols at South responsible for regulating guns. That includes, for example, fines Philadelphia High. Police and school officials addressed the of up to $5,000 for each appointed or elected local government entire student population. official who violates the law. Police fear there may be attempts to retaliate. For the public, that means a city no longer can restrict "The climate at Southern High was excellent today. It has someone with a concealed weapons permit from taking a been throughout this school year. It's unfortunate that this handgun into a park or public building, except in specific cases. happened. We are addressing this to assure that no future Restrictions, however, still apply at courthouses and schools. problems occur," Philadelphia Police Chief Inspector Myron The National Rifle Association said fining public officials Patterson said. was necessary because local governments had “thumbed their Police are still searching for the two men who fired into the noses” at earlier laws aimed at limiting gun-control ordinances. crowd. They still do not know what their connection is to the Eliminating local gun-control rules was “intended to stop incident. local governments from making criminals out of law-abiding http://abclocal.go.com/wpvi/story?section=news/crime&id=8370 citizens, just because they simply crossed a city limit or county 424 line,” the NRA said. “It was intended to provide uniform gun laws, so that no matter where in the state you live and no matter 11-09-28 Griffith seeks gun-permit applications from where in the state you travel, the same gun laws apply.” Luzerne sheriff Counties and cities should have the power to protect their WILKES-BARRE - Luzerne County Controller Walter L. citizens through local laws that regulate guns, argues the Brady Griffith Jr. has filed a court request to force Sheriff John Gilligan Campaign to Prevent Gun Violence. to turn over records on gun-permit applications. Brian Malte, the organization’s director of state legislation, Griffith said he needs the records to audit finances in the said NRA officials “activated their base to get this bill passed” in sheriff's office. Gilligan has said he is prohibited by state law the Florida Legislature, and now are seeking to push similar from disclosing confidential information about gun ownership. legislation in other states Joseph F. Sklarosky Sr., solicitor for the sheriff's office, did http://www.floridatoday.com/article/20110928/NEWS01/309280 not return a call seeking comment Tuesday. Thomas J. Mosca, 006/Florida-blasts-away-local-gun-rules solicitor for the controller's office, wrote Sklarosky a letter dated Sept. 1. 11-09-28 OK Fugitive nabbed in area "We recognize that the sheriff has a legitimate interest in A fugitive from Oklahoma was arrested Monday following a protecting the confidentiality of certain information in his traffic stop in Bentleyville. possession," Mosca wrote. "†¦ If it would be helpful, we could Corey McKinney, 34, of 10809 N. 172 Second Ave., East, perform the audit at the Sheriff's Office to review redacted Owasso, was arrested after Southwest Regional police learned documents there in lieu of receiving copies of those redacted there are warrants for his arrest from the Rogers County Sheriffs documents." Department. The sheriff's office issues about 240 permits to carry Police stopped McKinney's vehicle due to a burned out concealed guns a month. Records show more than 26,000 people headlight at 10:52 p.m. in the 100 block of Route 917. in Luzerne County have permits, which officials say allow them Police learned he is a fugitive wanted on charges of to carry their firearms concealed at most places open to the possession of a firearm after former felony conviction, domestic public, with some exceptions, such as court buildings, schools, in presence of a minor and interference with an emergency prisons, casinos and airports. telephone call. Last May, Gilligan reduced the cost of a permit from $31 to McKinney is currently in the Washington County $20. He said he made that decision after finding out the office Correctional Facility waiting to be extradited back to Oklahoma, was overcharging by $6 and can no longer impose a $5 surcharge police said. that funded a statewide initiative on gun license technology. Page 94

http://www.pittsburghlive.com/x/valleyindependent/news/s_7 59075.html 11-09-28 Cal U students worry more about violence than alcohol 11-09-28 Cal. U. on alert after off-campus shooting If California borough officials want to take back the college For the second time in less than a week, California University town, they can start by removing violence from the streets, Cal U of Pennsylvania officials issued a crime alert in the aftermath of students said Tuesday. a shooting in the Washington County town. Borough and campus police were out in force over the On Tuesday, an alert was posted to the school's website soon weekend, responding to a purported problem with out-of-control after shots were fired at 8:18 a.m. in the 100 block of California student parties, especially off campus. Road, about half a mile south of the Vulcan Village student Scores were arrested for alcohol-related charges with dozens apartment complex. more expected to be charged. Carey Davis, 21, who was shot in the apparent home On Monday, California Mayor Casey Durdines said, "The invasion, is not a university student, spokeswoman Christine message was we're taking the community back. We're not taking Kindl said. the nonsense. There are problems all of the time. It never lets The university posted crime alerts on its website and up." Facebook page. It noted police were seeking two black men Durdines, a Cal U graduate, said the police presence was believed to have been involved in the incident. done for the safety of the students. Along with borough police, university police were But students told The Valley Independent that police would investigating the incident and providing extra security at Vulcan be better served tackling a series of gun-related incidents near the Village, the alert stated. campus. Students were advised to lock their doors, to travel with The latest such incident occurred early Tuesday morning friends and to use caution while moving about on campus and in when borough resident Carey Davis, 21, was shot several times the borough. at a home in the 100 block of California Road, about a half-mile Julie Davis of Daisytown posted on the school's Facebook south of Vulcan Village, a California University of Pennsylvania site that her nephew was shot twice, in the hip and shoulder. student housing complex. Davis reportedly was taken to UPMC Presbyterian hospital in Davis' injuries were not thought to be life-threatening. Pittsburgh. A spokeswoman there could not confirm he had been The shooting occurred in a home invasion. As of Monday admitted. night, no arrests had been made. "What is happening to our town! No, he's not a student. He's "With all of the shootings, they should worry less about the lived in this town all his life! The shooting occurred at my kids having a little fun and more about hard crime," senior Myke parents' house during a robbery," Julie Davis wrote on Facebook. Haney said. She did not return calls seeking comment. "If they're taking back the town, I'd like to know what they're Late yesterday afternoon, the university issued an update that taking back. We shouldn't have to hear about shootings so close noted no arrests had been made and that borough police had to college, where thousands of people are every day." canvassed the area and believed the suspects had fled. On Friday, Cal U students were placed on alert after shots Kindl said campus police increased their patrols at Vulcan were fired into a house at 135 Liberty St. No one was wounded, Village, the Adamson Stadium complex and parking areas at and no arrests have been made in the case. Roadman Park, and the park-n-ride opposite Vulcan Village. Last October, a Cal U fraternity was placed on temporary "As an added precaution, an extra layer of security has been suspension following an accidental shooting at the Tau Kappa added at our residence halls," Kindl said. In addition to their key Epsilon fraternity house, in which Raylynn Porco, of Pittsburgh, cards, students needed to produce an additional identification for suffered minor injuries. entry, she said. Several criminal counts eventually were dropped against The daily schedule of classes went on uninterrupted, Kindl Dustin Ryan Fuller, of Waynesboro, who mistakenly fired the said. shotgun. The victim told police that two men broke into his home, Earlier this month, Edward Jones, 20, of 417 Second St., Tribune-Review news partner WPXI reported. Police said the Monessen, pleaded guilty to third-degree murder in an unrelated victim chased the men out of the house and was shot four times October shooting that claimed the life of Jeron X. Grayson, 18, in the front yard. of Pittsburgh. Davis' father told WPXI that someone had stolen things from Jones, who is awaiting sentencing, fired into an off-campus the house about a week ago. Police haven't said whether they apartment at the intersection of Mechanic and Second streets think the two incidents are connected. during a homecoming party. On Thursday morning, shots were fired into a student- These incidents are weighing on students' minds. occupied residence in the 100 block of Liberty Street. No injuries "I don't like waking up to an e-mail saying there's been were reported. another shooting," freshman Chelsea Eckles, of Scenery Hill, Borough police described that suspect as a bald, white male, said. about 5 feet 8 inches tall, who was wearing a white T-shirt. Eckels said police should respond if neighbors complain Any witnesses to yesterday's incident are asked to call about parties, but otherwise should be cracking down on university police at 724-938-4299 or borough police at 724-938- violence. 3233. Freshman James Cochran, of Donora, agreed, adding, "We http://www.pittsburghlive.com/x/pittsburghtrib/news/regional/s_ haven't heard of any cases where people are close to death from 758926.html drinking." Page 95

Katie Schumacher, a freshman from Scenery Hill, said the The 20 Gun Court probation officers will be reassigned to Theta Xi fraternity, which was the focus of one of the raids, is regular duties in the severely depleted probation ranks, helping to one of the more responsible fraternities on campus. fill 56 vacancies, Keogh said. The court's closing, at the end of Devin Phillis, of Beaver Falls, called the borough's actions this year, was first reported by the Legal Intelligencer. warranted. Keogh said the decision was forced by the elimination of a "I'm not saying it's out of hand, but it started to get there," $1.3 million state grant used to pay the cost of the probation said Phillis, a sophomore. officers. While some money was returned in general court funds, Many students view drinking as a part of college life. But the net reduction was about $930,000, according to the state. they say responsibility goes with it. The enhanced probationary conditions included weekly "The general consensus of the students is because it's a contact with a probation officer, home visits, increased random college, it's a party climate," Phillis said. drug tests, community service, and counseling. Senior Dave McVicker lives off campus, but the "It can't be a negative thing to have extra restrictions and Monongahela resident usually stays after school at least once a supervision, and that's going to be lost," said First Assistant week to socialize. District Attorney Ed McCann, "but we are all doing the same or "Everyone wants to blow off steam, but you just have to be greater work with less resources." smart about it," McVicker said. There are no available data on whether the court was "And at least 75 to 100 people were not being smart about it," successful in preventing future gun crimes by the defendants, junior Colin Knox said of those arrested over the weekend. officials said. Eckels said adults set an example for youths that drinking in The one study of Gun Court, an analysis by court-system social circles is OK. researcher Ellen Kurtz, looked at its first year of operation and "I don't think partying is out of hand," Haney said. "It's a found that convictions modestly increased, driven by more guilty normal college town. You can't go into a college town and think pleas. people are not drinking, but to make 100 arrestsÉ ." An Inquirer analysis of all gun-possession cases brought in Sophomore Mollie Brown added, "Maybe taking back the 2006 and 2007 found that 56 percent ended in conviction. More town was good, but I'm not sure it was directed properly." recent data are not available. McVicker said he considers himself to be a nontraditional James Koval, a spokesman for the state court system, said the student because at 27, he is a few years older than his peers. Supreme Court and Gov. Corbett agreed this year to take about "I think if a campus has a policy of no alcohol, then there $3.1 million in special grants to Philadelphia and Pittsburgh and should be no alcohol," McVicker said. "But maybe if the students add it to the statewide judicial budget. are being responsible, I could understand maybe why they are That increased the amount of money to other counties, but drinking." meant a cut in Philadelphia. Phillis suggested the students' attitude toward drinking Also eliminated in the budget that took effect in July was a depends on college location more than student population. $218,000 grant for a domestic-violence program. Phillis said the shooting incidents are a sign of the times. Community Court, which handled minor nonviolent and "I'm not really worried about it," Phillis said. "Unfortunately, quality-of-life cases in Center City, was closed this week. Such that's today's world, and that stuff happened off campus." cases are now being handled by a special program in Municipal http://www.pittsburghlive.com/x/valleyindependent/news/s_7590 Court for misdemeanors. It is in place citywide. 70.html http://articles.philly.com/2011-09- 27/news/30208655_1_probation-officers-specialized-court-keogh 11-09-27 Philly ‘Gun Court’ to be silenced A seven-year experiment with a specialized court for illegal 11-09-25 No room for even the smallest lie when purchasing a gun possession in Philadelphia is going to end, a victim of firearm shrinking resources. Read with interest a recently published article relating to the Whether "Gun Court" successfully prevented more serious completion of a 4473 paper when purchasing a firearm. crimes is unknown. I am very familiar with this process, having performed the Established in 2005 in reaction to the high number of necessary paperwork on both sides of the counter. This is one firearms violations and the 2004 death of 10-year-old Faheem place where a person had better not lie. Thomas-Childs in a cross fire outside his school in North That was stressed in the article, but in all walks of life, there Philadelphia, no comprehensive study has been done to measure are those who are reluctant to tell the truth. the court's long-term effectiveness. I am sure there are job applications everywhere that contain a An estimated 800 defendants were handled annually. few white lies. But, unlike a job application, lying on a 4473 The court was assigned 20 probation officers who provided form when purchasing a firearm is a federal crime. intensive supervision of offenders, typically facing a charge of Salesmen are surprised sometimes when the application goes illegal possession of a gun, often in connection with a secondary, through without a hitch, and they are equally surprised when nonviolent offense. others are turned down. "The decision was made that those funds were needed I once sold a firearm to a gentleman only to have the sale elsewhere, so I could no longer afford to have those 20 probation denied by the State Police. I knew this individual and was officers solely supervising that small population" in Gun Court, surprised. When he asked me why it was denied, I told him I said Common Pleas Court Judge D. Webster Keogh, didn't know, and it was none of my business. administrative judge of the trial division. Page 96

I also told him that if he had never committed a felony or http://www.observer-reporter.com/or/story11/09-24-2011-Block- other such act, he should not ignore his denied application. Too column often, an innocent person is afraid to appeal. Later, the same man showed up at the store to thank me. It 11-09-24 Canada Ponoka cattle auctioneer relieved after seems he had followed my advice and found that someone in charges laid in abduction Philadelphia was using his social security number and had A cattle auctioneer abducted at gunpoint from his rural committed more than one felony. If he had not appealed, he property last week says he doesn't know his alleged assailant, the would not have found out about the situation. Ponoka man who turned himself over to RCMP on Thursday. Another time, an innocent-looking young lady came to the "I don't know him or know of him," said 55-year-old Blair store to buy her husband a Christmas present. I knew her Vold. "But I believe he did know me." husband quite well, and she held an important position where she Vold, owner of Vold, Jones and Vold Auction Co. in Ponoka, worked. was abducted from his home near Ponoka the morning of Sept. She was turned down, and I must add emphatically denied, a 15. firearm purchase. She became angry with me when I told her, but He had stopped his truck to move a tree and some barbed I could see in her eyes that she knew the reason she was not wire that were strewn across his driveway. permitted to purchase a firearm. Vold told The Journal last week that a masked man came out What are the primary reasons for a denial? of the woods with a handgun drawn. He bound Vold's hands, put As I said before, it's none of the salesman's business, but a black hood over his head and demanded $300,000 in cash. sometimes a customer will relate his mistake or illegal deed. Vold escaped when his abductor went into a bank in Lacombe to When I worked in the business, we seldom ran into murderers attempt to get money using Vold's credit card. or thieves. Many times, the mistake was something the would-be RCMP Staff Sgt. Cameron Chisholm says investigators buyer did long ago when they were younger. Those early received information about the suspect after releasing clear mistakes stay with you a long time. security photos showing a man using a CIBC bank machine. Perhaps the most common thing is a DUI offense. If you have Investigators then contacted the suspect by phone, and were able three convictions, you can't purchase a firearm. to convince him to drive to the detachment and turn himself over Another common cause is someone who had a PFA issued to police. against them. "He drove several hours under the instruction of our This is one area where a person is guilty until proven members," Chisholm said, adding that an officer continued innocent. I don't mean to trivialize the importance of protecting speaking to the suspect on the phone as he drove to the people in abusive relationships, but common sense tells me that community. there are instances when a person who has a PFA issued against Once at the detachment, he surrendered without incident. them is found to be innocent when finally brought before a judge. Given that a firearm was alleged to have been involved in the Another cause for rejection is fighting. Many people have alleged incident, the surrender at the detachment seemed like the been denied the purchase of a firearm because of an arrest for safest plan, Chisholm said. assault in their background. It doesn't matter if you were a young Vold praised the RCMP for their efforts in the case, and said college student and someone insulted your school and all heck the arrest has provided himself and his family with some broke out. You were the one caught by the police. No guns for comfort. you. "It's a relief. One part of the puzzle solved," he said. "We One doesn't have to be brilliant to realize that guns and know he's caught and he's behind bars." fighting don't mix. I used to tell students in firearms safety Vold said he will be waiting to learn more about his alleged classes that if they are carrying a gun, don't fight any more. Too abductor. many bad things can happen. Larry Hugh McClelland, 49, faces a number of charges, You can shoot someone or can have your weapon taken off including abduction, forcible confinement, threatening and you and used against you. If you feel like you have to protect extortion, and firearms offences. He is in custody and will appear your honor, leave your gun at home. in court Sept. 30 Filling out a 4473 form used to be simple. Now, you had http://www.edmontonjournal.com/news/Ponoka+cattle+auctione better read it carefully. If you have a middle name, you had better er+relieved+after+charges+laid+abduction/5453812/story.html write it out in its entirety. Initials won't work. It also is easy to forget the place on the back where you must 11-09-24 Braidwood's downfall surprises Eskimos sign your name twice within inches of each signature. They want Former Green and Gold lineman runs into trouble with law to be double sure you can write. again One thing that has always bothered me about the form, The Edmonton Eskimos were surprised and saddened on regardless of whether I've been a buyer or seller, is that I thought Tuesday, having heard about the latest legal troubles of former it was illegal to inquire about mental history. teammate Adam Braidwood. Yet there is a question on the form about the buyer's mental The five-year veteran defensive lineman with the Canadian background. Everyone is a bit out of plumb, and only the sanest Football League club was arrested on Sunday in connection with among us will admit it. an apparent break-and-enter at a Port Coquitlam, B.C., home. A It all comes back to one thing, who can create more traffic officer working the Terry Fox Hometown Run had an paperwork than a government agency? allegedly gun-toting Braidwood confront him. George H. Block writes a Sunday Outdoors column for the Braidwood, 27, was arrested without incident and the gun Observer-Reporter. was seized. He suffered an injury from a firearm being Page 97

discharged inside the home in question, and was taken to hospital "He had one of those personalities in the locker-room that by ambulance. everyone liked. He always joked around, he was in a good mood. He is scheduled to appear in Port Coquitlam provincial court That's just unfortunate that things went down the way they did on Wednesday, where he'll face charges of possession and for him." discharge of a firearm, as well as breach of recognizance. http://www.edmontonjournal.com/sports/Braidwood+downfall+s "It's tough to see a guy that you played with get into trouble urprises+Esks/5434051/story.html like that," said Eskimos quarterback Ricky Ray. "I just hope the best for him. There's just not much to say about it. It's 11-09-21 Mexican Officials Furious Over ATF Gunrunning unfortunate and, hopefully, everything works out for him." High-ranking officials across Mexico including the Attorney Sunday's incident marked the third time in 10 months that General are reportedly demanding answers from the U.S. Braidwood has been in trouble with the law. In November 2010, government about its secret program that sent high-powered he was one of three people charged in the assault and kidnapping weaponry across the border to drug cartels, saying the Obama of a 20-year-old Stony Plain man. He was charged with administration’s explanations so far are inadequate. The Mexican aggravated assault and forcible confinement and faces a public is outraged as well. maximum of 10 years in prison. Hundreds of Mexicans including law-enforcement officers In December, an incident in a home near 118th Avenue and have been murdered with guns traced back to the operation, 87th Street led to a string of new charges for Braidwood. Those which was handled by the U.S. Bureau of Alcohol, Tobacco, included assault, threats to cause death or bodily harm, two Firearms and Explosives (still known as ATF). “Project charges of unauthorized possession of a prohibited weapon, Gunrunner” weapons were also involved in the deaths of at least possession of a loaded or prohibited firearm, two charges of a few American agents including Border Patrol officer Brian careless storage of a firearm, careless use of a firearm and two Terry. breaches of recognizance. Under “Operation Fast and Furious,” the Obama After the case was turned over to the domestic offender crime administration was deliberately providing sophisticated and section, which investigates violence between people in a current powerful weapons to violent Mexican drug cartels — often using or former intimate relationship, Braidwood had two charges of taxpayer money. He was simultaneously campaigning for stricter sexual assault and a count of possession of a handgun with a U.S. gun control by citing violence in Mexico. defaced serial number added on. The U.S. Congress was kept largely in the dark about the scheme Eskimos running back Calvin McCarty grew up living 12 until whistleblowers within the ATF started coming forward. blocks away from Braidwood in Delta, B.C., and said he's known And according to officials south of the border, the Mexican Braidwood for more than 10 years. government was not informed of the scheme either. "We worked out together, even back in high school," he said. "At no time did we know or were we made aware that there "I've known him, obviously followed him, and watched him might have been arms trafficking permitted,” Mexican Attorney (play college football) in the States. He's a pretty good buddy of General Marisela Morales told the Los Angeles Times in a recent mine." interview. "In no way would we have allowed it, because it is an Ever y misguided step that Braidwood has taken in the last attack on the safety of Mexicans." year has been a surprise to McCarty. Morales apparently found out about the deadly U.S. program "I mean it's surprising, you know. Even the first incident, it's by reading news reports. And she says Mexico still has not tough to hear that. He had the potential to be a great player and received an explanation from American officials — let alone an do great things. It's sad to see it go to the wayside like it has and apology. to know he had that potential, being a former No. 1 pick and While reluctant to speak out before the results of pending even playing as a true freshman at Washington State, that's big- American investigations, the chief Mexican law enforcement time stuff. officer told the Times that purposefully allowing guns into the "It's unfortunate for him that all that stuff has happened, but I hands of Mexican cartels would be a “betrayal” of her country. wish him the best and I hope he works it out and gets it together." And according to Congressmen probing the gunrunning scheme For all of the bad that's been tied to Braidwood's name in the such as Sen. Charles Grassley (R-Iowa) and Rep. Darrell Issa (R- last year, his former teammates only seemed to have good Calif.), that is exactly what happened. memories. Eskimos linebacker Greg Peach roomed with “The ATF is supposed to stop criminals from trafficking guns Braidwood at training camp last year. to Mexican drug cartels, [but] was actually making that "He sat right here," Peach said, motioning toward trafficking of arms easier for them,” said Sen. Grassley on the Braidwood's locker stall. "I played with him for two years, I hung Senate floor earlier this year. “The government actually out with him and he's a good guy. A few bad things have encouraged gun dealers to sell multiple firearms to known and happened to him and I don't want to get too far into what he does suspected traffickers.” off the field. It's just unfortunate. I feel bad for him, really. It It later emerged that taxpayers were even financing at least sucks." some of the weapons, and that U.S. Attorney General Eric Braidwood was the first overall selection in the 2006 Holder was lying when he claimed not to know about the Canadian college draft and was the Eskimos' nominee for program. In fact, he had boasted about it by name before the outstanding rookie that season. scandal exploded. "He was a good teammate," Ray said. "I got along with him This month it was also revealed that the White House had very well and I think pretty much everyone in this locker-room also been briefed about the program on multiple occasions. did as well. Several high-ranking officials have already resigned, but activists Page 98

are still hoping that a special prosecutor will hold senior officials House Committee on Oversight and Government Reform is accountable in a court of law. investigating both issues. In addition to Mexico’s Attorney General and numerous "Understand, it's hard to get the Justice Department to federal representatives, another outraged Mexican prosecutor prosecute the Justice Department, so we're not at the point where who spoke to the Times takes the issue personally. Patricia we get that kind of enforcement," Issa said. Gonzalez, the former chief prosecutor for the Mexican state of "This is part of where I think this administration has the most Chihuahua, blames the Obama administration’s weapons to learn. The Bush administration supported the Second trafficking for the brutal slaying of her brother. Amendment strongly and supported strong prosecution of those In 2010, Mario Gonzalez was tortured and executed by a who trafficked in weapons," Issa said. cartel hit man who forced him to “confess” on video that his "But this administration seems to obviously encourage sister was being paid off by criminals. The killer’s arsenal trafficking of weapons in the case of Fast and Furious and then included AK-47s provided by the U.S. government. it's been very reluctant to have any prosecution as we already The officials who approved Fast and Furious “caused the have sworn testimony that this was a problem with the U. S. death of my brother and surely thousands more victims," said attorney. [He] never seemed to see a case that had enough Gonzalez, the ex-prosecutor for Chihuahua. Despite her close ties evidence to prosecute," he said. to U.S. officials, she also found out about the link between her Issa believes that on the issue of the weapon that is reported brother’s murder and the ATF scheme from media reports. to have disappeared from the U.S. Border Agent Brian Terry Widespread corruption is the official reason cited for keeping murder scene, there could be a point when FBI Director Robert the Mexican government out of the loop about Fast and Furious. Mueller is forced to testify. The administration’s justification for supplying the cartels with “The weapon that disappeared from the scene says that high-powered weapons was — supposedly — to trace them to people were panicking and that somebody probably did drug kingpins later. something wrong at the scene. But let's understand that there But analysts said the excuse was absurd for several reasons. were a number of events like that and we do want to have the More likely, according to critics, is that the Obama director and others answer it," Issa said. administration was using the gun trafficking program as part of Certainly when Gabby Giffords was shot and a federal judge was its anti-Second Amendment campaign to further restrict the assassinated, this is a time in which everybody down there on the rights of law abiding Americans. inside was panicking that these could be Fast and Furious And if that was indeed the goal, the program can be called a weapons," Issa said. success. In July, for example, Obama used an executive order to "They should have asked ... why wasn't this program reversed unconstitutionally sidestep Congress and impose more gun sooner? We don't have answers for that," he added.. control — also in violation of the Constitution. "You're a little incredulous to believe that so many people at Recent reports have also suggested an even more sinister the top didn't, shouldn't have known, that they didn't know, was it scenario: The Central Intelligence Agency played a key role in more than an accident," Issa said. "Had they said, 'Please don't arming the cartels for geopolitical purposes. Other evidence, read me into the program'? To get that you have to go up through according to analysts, indicates that the CIA might have even everybody who was read into the program to find out at what allowed drug shipments into the country in collaboration with point it stopped and why." other federal agencies. With reports of guns being smuggled to Central America and Several drug kingpins also alleged in recent months that the the DEA admitting a role in the operation, there are concerns that U.S. government was supplying the cartels’ guns while allowing Fast and Furious is merely a fragment of a wider operation. narcotics to be shipped across the border. So far the Justice That's a question Issa is taking seriously. Department has denied some of those claims, but not all. "We’re following every lead. … Just as Solyndra isn't about More than 40,000 Mexicans have died in the last few years as one loan, this is not about one sale or one group of sales," Issa a result of the war on drugs. But as fury over the Obama explained. administration’s gunrunning scandal continues to grow on both "It's about a pattern of indifference towards the rules that sides of the border, critics say it is time to get to the bottom of have been established on how you view operations that include the U.S. government’s role in the bloodshed. deadly weapons," he said.. http://thenewamerican.com/world-mainmenu-26/north-america- "Every single agent we've ever talked to has said you don't let mainmenu-36/9064-mexican-officials-furious-over-atf- guns walk. In this case, that administration took an active hand in gunrunning deliberately letting guns walk, so you're (to Firearms and National Security writer Mike Vanderboegh) absolutely right. 11-09-21 'Fast and Furious' investigated for violating We're looking and saying, 'Who are the management?' Who are international law the higher ups that did this?'" Issa added. 'This administration seems to obviously encourage trafficking Issa turned his attention to former Acting ATF Director Ken of weapons' Melson. Rep. Darrell Issa, R-Calif., says the Obama administration's "Ken Melson has certainly been complicit, but complicit Fast and Furious gun trafficking operation could have violated without a lot of knowledge... When he knew it all he said it made international arms trafficking agreements and that criminal him sick to his stomach," Issa said. charges are a possibility. "Having him under oath, we're now going through and Answering a question from firearms and Second Amendment finding equivalent people to say, 'You started this, how is it that analyst David Codrea during a conference call, Issa said his you didn't know enough to stop it. And if you did know enough, why didn't you stop it?'" he said. Page 99

Issa admits that neither he nor his committee has authority we'll count off how many came from the U. S. versus how many beyond issuing subpoenas. However, he says that a special didn't." prosecutor has broader authority to act, a development he Issa has not set a date for the next set of Fast and Furious supports. hearings "I would like to see that. We were very happy to see the U. S. http://www.wnd.com/index.php?fa=PAGE.view&pageId=34714 attorney's office in Phoenix relieved of these prosecutions so that 1 we can have somebody not tarnished by actually creating the problem they're charged with prosecuting," Issa explained. 11-09-20 Whistleblower reveal tight-knit relationship "Yes, we would like to have a true special prosecutor on this, between U.S. official and drug cartels particularly when it's obvious that if [Attorney General] Eric The relationship between the global drug trade and the Holder didn't know, it's obvious that he didn't want to know or government of the United States of America is a long, because he wasn't doing his job. That creates a clear pattern of complicated and irrefutable one. Some of the most infamous we'd like to know who did know and why they didn't brief the dealings that have come to light have involved the Central attorney general," Issa stated. Intelligence Agency (CIA) and various drug trafficking rings Issa said he would like to wrap up the investigation by the throughout the world. end of the year, but if legislation is required, the process may However, it now appears that the CIA involvement in drug take longer. trafficking is just one aspect of an incredibly close relationship He added that cooperation from the White House would help. between so-called authorities in America and the drug cartels Issa and Senate Judiciary Committee Ranking Member they pretend to fight. Charles Grassley asked the White House to formally turn over Two former law enforcement officials and confidential "all records" relating to three White House officials. informants for the Federal Bureau of Investigation (FBI) have Issa said the cooperation isn't there. now revealed that drug cartels have ties to elected officials, high- "We're still anticipating that, but because we know that there level police and even judges. was correspondence that led to additional talk, we want to have a Even more disturbing, these men said that drugs are dropped full understanding of what was told and what wasn't told," Issa by small planes on properties along the border between the explained. United States and Mexico which are then escorted to their next "We're much more interested in just getting an honest answer stop by U.S law enforcement than trying to make a point that there was some kind of One of the whistleblowers has said that he was asked by the communication that should have caused this plan to be shortcut FBI to accept drug shipments coming from Mexico through his by the White House," he said. ranching company. "To a certain extent we want to be reasonable as long as we What do these two brave whistleblowers get in return? get answers. If we don't get them (answers), then we have to go Termination of their position as informants, death threats and through each individual under oath, and I think the White House FBI-issued memos designed to keep other agencies from understands that. So, we're expecting this week to be the week investigating their allegations. we get answers or go to the next level," Issa added. One of these men is a retired sheriff’s deputy, Greg Gonzales, Issa said that at present, there is no evidence that former U. S. and the other is a former livestock investigator for New Mexico, Attorney for Arizona Dennis Burke ever briefed Homeland Wesley Dutton. Security Secretary Janet Napolitano. During their 18-months as confidential informants for the "Janet Napolitano admits that once Brian Terry was killed, FBI, they assisted in several investigations which included an she was read in. Now we're trying to figure out who before that inquiry that led to the arrest of FBI Special Agent John Shipley in her department knew," Issa said. for selling guns to drug cartels. Issa said Napolitano has some issues of her own. This arrest resulted in a mere two year sentence to be served "It's one of the interesting things about the secretary is that in federal prison, even though he helped narcotraffickers acquire she seems to know everything and be running everything unless arms that included a .50 caliber sniper rifle, an incredibly something goes wrong. It's been one of our problems as you devastating weapon. know that she's been investigated for her key political The short sentence looks even more ridiculous when one appointees," Issa stated. considers that federal agents recovered 17 firearms including two "This is an organization where 'Freedom of Information' is an .50 caliber Barrett rifles; various ammunition including over oxymoron," Issa observed. 2,800 .50 caliber rounds; one silencer; and $7,340 in cash when Issa also agreed with one of the questioners that Fast and they executed a search warrant at Shipley’s home in 2008. Furious made no sense as a law enforcement operation. Shipley actually had posted advertisements for firearms However, he's hesitant to say that there were other motives online over 200 times, and purchased no less than 54 and sold no behind the operation. less than 51 weapons for over $100,000. "The conspiracy floated out there constantly is that this was a Unfortunately, John Shipley, who I believe should have been back door way to get an assault weapons ban back in place. treated more harshly by federal authorities, was not just one bad Here's what seems to be easy to understand," Issa explained. egg among a totally upright law enforcement community. In fact, "That administration wanted to show that guns in Mexico Dutton and Gonzales have alleged that with their help the FBI predominantly came from the U.S. My problem is that whether dredged up some “big names” during one investigation which under the conspiracy or simply wanting to show that they was then mysteriously dropped without any follow-up. couldn't get the same information by simply cooperating with the Even more mysterious (and what I consider a strong Mexican government," Issa added. "Show us the serial numbers, indication of guilt or at least willful ignorance on the part of the Page 100

El Paso FBI) is that both men were dropped from their positions McCraw said that the Department of Public Safety “looked as confidential informants after the drug investigations they into and there was nothing there,” which is pretty incredible participated in turned up the “big names” of Americans. given they had a half an hour to conduct a full-scale investigation Furthermore, they allege that these vicious drug cartels hold into a plethora of allegations. fundraisers and parties which are attended by “bankers, judges, Dutton revealed that the Department of Public Safety’s and law enforcement officers” who very likely knew who they version of investigation includes ignoring 18 months’ worth of were involved with. telephone records, documents, and videos that substantiate his Gonzales and Dutton said that these cartels have gained large allegations. amounts of influence over these officials and even go as far to Dutton has revealed that the FBI participated directly in drug make large campaign contributions in order to keep their cronies trafficking much like the CIA has for decades. in power. Dutton reports that, “The drugs were concealed in horse Both of the men say that they have not been able to get saddles, and we started getting a lot of them. But the FBI kept anyone to actually follow through and investigate their putting me off when I asked for the money to pay the cartels for allegations, which is a strong indication that there are some the drugs. I had to use my own funds. The FBI still owes me questionable dealings going on behind the scenes. thousands of dollars for these out-of-pocket expenses.” These individuals have absolutely nothing to gain by coming He further reveals that he “asked the FBI for help when I out with these accusations; in fact, Gonzales lost his job for a started getting threats, but the only thing that happened is that security firm at a federal courthouse and even had someone everyone starting running for cover to protect their careers. One threaten him “by holding a knife to [his] throat”. of the FBI agents said politics got in the way, and that they had Dutton told the El Paso Times that an elected official paid to close out the investigation and end their relationship with me.” him a visit during which he inquired as to what it would take for I find it pretty disturbing that politics could get in the way of Dutton to retract his allegations. uncovering strong ties between our government and some of the Dutton also relayed that an FBI official issued a memo to most violent criminal organizations on Earth. other law enforcement agencies instructing them to stay away Then again, as Dutton and Gonzales have revealed, it is a lot from both Gonzales and Dutton. more than just politics that is stopping the investigations, it is the If the allegations made by these two men were hollow, why fact that the cartels are now so interwoven with the authorities would they not only drop them as informants but then instruct that they are nearly one and the same. other law enforcement agencies to steer clear of them? On top of using horse saddles to move drugs at the behest of Why would they not investigate Dutton’s allegations of the FBI, Dutton alleges that cattle shipments across the U.S.- “campaign fundraisers and parties in La Union that the [Juarez] Mexico border are utilized for drug trafficking purposes. cartel held for officials from New Mexico and El Paso”? Unfortunately, it now appears that the Juarez drug cartel is Why would they not look in to Gonzales’ claim that an not the only one that enjoys a special status within the United American law enforcement officer sold a list of U.S. Marshals States thanks to their relationship with so-called law and their telephone numbers to a street gang tied to the same enforcement. Juarez drug cartel? Dutton also alleges that informants made him aware of the If this allegation is true, “the gang was able to ‘clone’ the wife of a high-level Zetas cartel member who holds a position in agents’ cell phones and intercept their calls. That way, they the Doña Ana County District Attorney’s Office. would know when one of the agents was trying to serve an arrest The web of collusion with drug cartels does not stop there; warrant against one of their members” according to Gonzales. indeed it spreads to such behemoth proportions that it is almost This is not the only high-tech trick of the sleeves of these like something out of an over-the-top Hollywood film. drug cartels, according to Dutton and Gonzales. This web includes an El Paso doctor who issues drug They said that cartels have also been able to get a hold of prescriptions to help guilty individuals game lie detector tests. It access codes to computers running American surveillance is worthwhile to note that lie detector tests are usually systems of the border. This allows the cartels to see where and inadmissible in a court of law, so one could draw the conclusion when the Border Patrol agents are monitoring the border in order that these individuals receiving prescription drugs were likely to safely move guns, drugs, people, and money across the border. law enforcement officers who receive in-house lie detector tests. Dutton issued many of these allegations in a letter directly to Due to the blatantly deliberate move to avoid investigating current Texas Governor and Presidential hopeful Rick Perry. any of Dutton and Gonzales’ many allegations and the death A spokesman for Perry’s office said that they “received the threats they have received, the two whistleblowers have turned to letter and referred it to the appropriate agency, which was the Judicial Watch and U.S. lawmakers for assistance. Department of Public Safety”. The research director for Judicial Watch, Chris Farrell The director of the Texas Department of Public Safety, commented that, “These are very serious allegations that should Steven McCraw (who also just happens to be a former FBI agent be investigated by law enforcement. There are too many details from the El Paso office) at first said that he was interested in and specifics to just ignore them. The threats against them speaking with Dutton. (Dutton and Gonzales) also should be investigated.” Only one half-hour later, McCraw suddenly changed his Unfortunately Judicial Watch is simply a “nonpartisan mind completely and said that Dutton had no credibility. educational foundation in Washington, D.C” and not law McCraw likely had missed the memo telling law enforcement enforcement. to ignore their allegations when he made the first statement last A few pressing questions remain: will these allegations be Friday. investigated properly or will they be swept under the rug like the FBI and Department of Public Services have both attempted to Page 101

do? USAO could consider them in connection with the government's How high do the links go in government and law enforcement? disclosure obligations in the pending criminal prosecutions of the Will an appeal to U.S. lawmakers make a bit of difference? gun traffickers. Prior to receiving the tapes, the OIG made clear How long will we continue to pretend that there is not a that we would have to provide a copy of the recordings to the serious problem of corruption in our law enforcement? United States Attorney's Office because they would need to How long can all of America sit by while the so-called “war review them to satisfy any legal disclosure obligations." on drugs” is used to rake in billions of dollars for bloodthirsty In the audiotapes, ATF Agent MacAllister tells Howard that a cartels and their allies in government and law enforcement? third weapon recovered at the Brian Terry murder scene last I, for one, refuse to go on pretending that the war on drugs is December is an SKS assault rifle. Agent MacAllister claims to legitimate and furthermore I wholeheartedly reject the notion that know that the SKS "had nothing to do with" the Brian Terry it is working to do anything other than get a ton of innocent murder and, unlike the WASR's, did not trace back to the Lone people killed while making truly objectionable elements of our Wolf gun store. society filthy rich. It's unclear why a weapon would be, in essence, missing from As Americans who are aware of what is going on, we have to the evidence disclosed at the crime scene under FBI jurisdiction. do everything in our power to bring publicity to whistleblowers Agent MacAllister and Howard (the gun dealer) also discuss like these in order to uncover the truth and undermine the power various Republicans and Democrats in Congress who are enjoyed by these groups by tearing away the veil of secrecy they investigating Fast and Furious. They express concern that have enjoyed for far too long. whistleblower ATF special agent John Dodson has further http://www.activistpost.com/2011/09/whistleblowers-reveal- evidence that could be damaging to the government. tight-knit.html Transcript of the audio below: Agent: Well there was two. 11-09-19 Secret recordings raise new questions in ATF Dealer: There's three weapons. 'Gunwalker' operation Agent: There's three weapons. WASHINGTON - CBS News has obtained secretly recorded Dealer: I know that. conversations that raise questions as to whether some evidence is Agent: And yes, there's serial numbers for all three. being withheld in the murder of a Border Patrol agent. Dealer: That's correct. The tapes were recorded approximately mid-March 2011 by Agent: Two of them came from this store. the primary gun dealer cooperating with ATF in its "Fast and Dealer: I understand that. Furious" operation: Andre Howard, owner of Lone Wolf Trading Agent: There's an SKS that I don't think came from.... Dallas Company in Glendale, Arizona. He's talking with the lead case or Texas or something like that. ATF case agent Hope MacAllister. Dealer: I know. talking about the AK's The tapes have been turned over to Congressional Agent: The two AK's came from this store. investigators and the Inspector General. Dealer: I know that. As CBS News first reported last February, the Bureau of Agent: Ok. Alcohol, Tobacco, Firearms and Explosives allegedly allowed Dealer: I did the Goddamned trace thousands of weapons to "walk" onto the streets without Agent: Third weapon is the SKS has nothing to do with it. interdiction into the hands of suspected traffickers for Mexican Dealer: That didn't come from me. drug cartels in its operation "Fast and Furious." Agent: No and there is that's my knowledge. and I spoke to The conversations refer to a third weapon recovered at the someone who would know those are the only ones they have. So murder scene of Border Patrol Agent Brian Terry. this is the agent who's working the case, all I can go by is what Agent: I was ordered to let guns into Mexico she told me Court records have previously only mentioned two weapons: http://www.cbsnews.com/8301-31727_162-20108240- Romanian WASR "AK-47 type" assault rifles. Both were 10391695.html allegedly sold to suspects who were under ATF's watch as part of Fast and Furious. 11-09-18 Canada Long-gun registry on the block Also, a ballistics report turned over to Congressional OTTAWA - The government has long set its sights on investigators only mentions the two WASR rifles. The ballistics scrapping the long-gun registry - a political hot potato that has report says it's inconclusive as to whether either of the WASR pitted cities concerned about gun violence against rural areas rifles fired the bullet that killed Terry. dependent on hunting and farming. Law enforcement sources and others close to the Attempts to kill the registry have failed because of successive Congressional investigation say the Justice Department's minority governments, but now that the Conservatives have a Inspector General obtained the audio tapes several months ago as majority the life expectancy of the registry will be short. part of its investigation into Fast and Furious. The government wants to exempt hunting rifles and shotguns Then, the sources say for some reason the Inspector General from the registry. Restricted weapons such as handguns would passed the tapes along to the U.S. Attorney's Office in Arizona: a remain while sniper rifles, submachine-guns and military assault subject in the investigation. It's unclear why the Inspector rifles would continue to be prohibited. General, who is supposed to investigate independently, would Costs to implement the registry have surpassed $2 billion turn over evidence to an entity that is itself under investigation. since it was introduced by the Liberals in 1995 at a projected cost A spokesman from the Office of the Inspector General today of $120 million. said, "The OIG officially provided the United States Attorney's Office with a copy of the recordings in question so that the Page 102

Provincial support for gun control is strongest in Quebec - a amaze me the asinine things we do in government. ... It’s the province that has mused in recent days about setting up its own most open record there is.” registry if the federal one is scrapped. Barry Kauffman, executive director of Common Cause http://www.winnipegsun.com/2011/09/18/long-gun-registry-on- Pennsylvania, called the State Department’s denial “just plain the-block silly.” “The amount of time they spent reviewing the request, 11-09-18 Pennsylvania's Department of State denies inmate's making a decision about it, denying it and then having to deal request for a copy of the state constitution with the Office of Open Records probably cost a couple hundred The state constitution. dollars in staff time. Where they could have just gone to the There’s nothing secret about it. photocopier, copied the constitution and mailed it to the guy for It lives and breathes through our state laws. Elected state 10 bucks,” he said. officials swear to uphold it. And schoolchildren learn that it Or he suggested they could have advised him that the state provides the framework of their state government. constitution can be found in the Pennsylvania Manual, which a It should be readily available to anyone who wants it, right? Department of Corrections spokeswoman said is in state prison That’s probably what Michael Baynard thought when he library collections. requested a copy of it from the Pennsylvania Department of State Kauffman said, “I would hope people, in implementing the through the state’s Right to Know Law. open-records law, would use some common sense.” Instead, the 37-year-old prison inmate was told he couldn’t Ruman said any future Right to Know requests to the have it. department for the state constitution will be handled on a case- Baynard, who is serving time at the State Correctional by-case basis. Institution at Coal Township for sex offenses, appealed to the http://www.pennlive.com/midstate/index.ssf/2011/09/pennsylvan state’s Office of Open Records. On Sept. 7, the Open Records ias_office_of_open_r.html Office ordered the State Department to send him a copy of the constitution. 11-09-18 Canada Right to self-defence under assault When that appeal arrived at the Open Records Office, its Citizens treated like felons for taking up weapons against executive director, Terry Mutchler, said she thought it was some criminals kind of high jinks. Then she realized it was for real. Over the past half century, the right of citizens in Western “It almost leaves me speechless,” Mutchler said. “It countries to defend themselves has eroded. encapsulates some of the derision that folks have for us in This is partly due to neglect. As our societies have urbanized, government because a copy of the constitution is clearly a public we have shown greater willingness to let professional police record.” officers defend our loved ones, our property and ourselves. After The Department of State argued that the constitution doesn’t all, more of us now live closer to police stations than our parents, qualify as a record that falls under its purview since it is not a or certainly our grandparents. record that the department made as a result of an action it took, But the erosion of our right to selfdefence has also been a spokesman Ron Ruman said. deliberate initiative by governments. Increasingly, politicians, In defending its decision to the Open Records Office, the policy-makers, academics and police have come to think that department also claimed it assigns act numbers to records and the citizens who take up weapons - firearms or otherwise - to defend request for the constitution failed to cite an act number and year. themselves are as dangerous to social peace as criminals. But there is only one state constitution. Nowhere has this latter attack on self-defence been more Mutchler said she couldn’t imagine a state agency not obvious than in the case of British farmer Tony Martin. providing it. In 1999, Martin shot two burglars who had broken into his “Unfortunately, when you get a request like this, it gets right remote Norfolk farm in the middle of the night. He killed one to the gut of what open government is about, and it doesn’t bode and injured the other. well for any of us in government when we see a situation like Despite the fact Martin was afraid for his life and police were this when there’s a denial of a copy of the constitution,” more than half an hour way, he was the one officers charged Mutchler said. when they finally arrived at his home. The State Department has decided not to appeal the Open In the end, Martin spent more time in prison than his Records Office decision, although the department’s staff counsel surviving attacker. stands by the initial denial as correct and appropriate, Ruman Not only that, the British government paid the cost of his said. attacker's lawyer so the attacker could sue Martin for the long- “We don’t feel it’s appropriate to expend the resources and such term disabilities he claimed he suffered as a result of being shot. to appeal it, so we will provide Mr. Baynard a copy of the In Canada, we have several similar cases in which who is the constitution,” Ruman said Sen. Mike Folmer, R-Lebanon victim and who the criminal has been turned upside down by County, was dumbfounded upon learning of the matter. police and Crown prosecutors. Folmer carries around a pocket-sized version of the Last August, Ian Thomson of Port Colborne, Ont., awoke constitution wherever he goes. The more he thought about the early one morning to find three men lobbing firebombs at his situation, he grew increasingly angry that a state agency would rural home while also shouting death threats at him. A trained deny the request, even if it came from a prisoner. firearms instructor, Thomson took a handgun he legally owned “He should still be able to get a copy of constitution from the storage safe where he kept it in his home and fired regardless of what he’s in for,” Folmer said. “It never ceases to warning shots over the attackers' heads. Page 103

When he reported the incident to police, they charged him 11-09-18 Legalizing Sunday hunting continues to be uphill with careless storage of a firearm and dangerous use. battle Eventually, charges against Thomson were dropped, but not It's a question of fairness. until after much public pressure had been brought on prosecutors. That's what supporters of a move to legalize Sunday hunting Without public outrage, it is unlikely the Crown would have in Pennsylvania -- banned since 1873 -- said at a gathering of the decided on its own to leave Thomson alone. state House of Representatives' game and fisheries committee In Alberta, we have the case of Joe Singleton, a Taber oilfield near Allentown on Thursday night. consultant who last May returned home with his wife to find a Representatives of five organizations testified at the hearing. burglar had broken into their acreage. Singleton blocked the Of those, three supported Sunday hunting, including Janet Nyce, man's getaway car with his pickup. Then, as the thief repeated a member of former Gov. Ed Rendell's advisory council for smashed his car into the homeowner's truck, Singleton took the hunting, fishing and conservation. Nyce said people can golf, go nearest weapon he could find - a hatchet - and struck the man on to the mall, fish or even buy liquor on Sundays. That they can't the face with the flat side. hunt is wrong, she said. Months later, without ever having interviewed him about the "It's discrimination at its finest and I am truly tired of it," she incident, police called Singleton down to their detachment to, he said. "This is about an antiquated law that's robbing us of presumed, return objects taken from his home. privileges other people have." Instead, based solely on the word of the burglar, police Jennifer Saeger, president of the United Bowhunters of charged Singleton. Pennsylvania, agreed. This past June, prosecutors finally dropped the charges "Really, this boils down to one thing: choice. It's about what against Singleton, but not before they had pressured him into people want to do. For some on Sundays, that's soccer. For some, doing hours of community service to avoid going to trial. it's hunting," Saeger said. In effect, the Crown pressured Singleton into accepting a Not everyone agreed. sentence similar to what he might have faced if found guilty. Robert Krause of the Northampton County branch of the Lawrence Manzer, a formed soldier living in New Brunswick Pennsylvania State Grange said members oppose Sunday hunting recently had charges against him dismissed. He had been facing for a number of reasons. charges for confronting intruders on his neighbour's property and "Our main objection is the disturbance, even the danger, it scaring them off with an unloaded shotgun. would pose to hikers, backpackers, birdwatchers and others who Police and the Crown were unmoved by the fact the gun was use the woods on a Sunday," Krause said. unloaded. When asked by Crawford County Republican and committee They were angered that Manzer had dared defend his chairman John Evans, though, he could offer no evidence of a neighbour himself rather than waiting for police. It took a judge hiker being hurt by a hunter's bullet. to sort out correctly who was the criminal. Ray Mack of the Pennsylvania Farm Bureau's Northampton- Indeed, in Canada, judges are the best guardians of self- Monroe county chapter likewise said that organization opposes defending citizens. expanded Sunday hunting under all circumstances. He Thursday, a three-judge panel of the Ontario Court of Appeal maintained that stance, even when Evans asked how farmers - acquitted Steven Forde of a 2007 manslaughter conviction. In who could post their land against Sunday hunting -- could justify 2006, Forde was confronted in his apartment by Clive McNabb. keeping other landowners from hunting on their properties on Both were drug dealers and Forde was living in a common-law Sundays. relationship with McNabb's ex-wife. "What we have essentially is one group telling another that, The two men had had violent encounters before. On June 13, no, you can't hunt on your land. Is that fair?" Evans asked. 2006, McNabb burst into Forde's Toronto apartment to collect a A visibly frustrated Rep. Ed Staback, a Lackawanna County drug debt. He struck his ex-wife (Forde's commonlaw partner), Democrat, added that he and Evans have asked opponents several then pulled a knife on Forde. Forde also drew a knife and stabbed times to meet and discuss possible compromises, to no avail. McNabb, killing him. "What is wrong with trying to work this out? Why does it Granted, neither of these men is a sympathetic character. But have to be with the Farm Bureau and Grange that everything is the Ontario Court of Appeal found that whether or not you are a so black and white?" Staback asked. nice person, you have a right to defend yourself in your own In the meantime, lobbying continues. Fayette County home from someone you reasonably presume is out to harm you. Democratic Rep. Deberah Kula said the comments so far have At Forde's 2007 trial, the Crown had successfully argued that been "a mixed bag." because there was a route out of his apartment that would have Evans said hunters need to be more vocal in supporting allowed Forde to escape without passing by McNabb directly, his Sunday hunting if they want it because its chances of getting past use of deadly force was unwarranted. the committee are too close to call. The appeal court judges said that nowhere in Canadian law is "That's going to be problematic if the members don't hear this requirement recognized. from sportsmen," Evans aid. We may not like the fact that the right to self-defence has http://www.pittsburghlive.com/x/pittsburghtrib/sports/s_757321. been upheld in the case of a drug dealer, but at least it has been html upheld. http://www.edmontonjournal.com/opinion/Right+self+defence+u 11-09-17 Drug deaths now outnumber traffic fatalities in nder+assault/5420519/story.html U.S., data show

Page 104

Fueling the surge are prescription pain and anxiety drugs that manufacturers. In hindsight, the liberalized prescription of pain are potent, highly addictive and especially dangerous when drugs "may in fact be the cause of the epidemic we're now combined with one another or with other drugs or alcohol. facing," said Linda Rosenstock, dean of the UCLA School of September 17, 2011|By Lisa Girion, Scott Glover and Doug Public Health. Smith, Los Angeles Times In some ways, prescription drugs are more dangerous than Propelled by an increase in prescription narcotic overdoses, illicit ones because users don't have their guard up, said Los drug deaths now outnumber traffic fatalities in the United States, Angeles County Sheriff's Sgt. Steve Opferman, head of a county a Times analysis of government data has found. task force on prescription drug-related crimes. "People feel they Drugs exceeded motor vehicle accidents as a cause of death are safer with prescription drugs because you get them from a in 2009, killing at least 37,485 people nationwide, according to pharmacy and they are prescribed by a doctor," Opferman said. preliminary data from the U.S. Centers for Disease Control and "Younger people believe they are safer because they see their Prevention. parents taking them. It doesn't have the same stigma as using While most major causes of preventable death are declining, street narcotics." drugs are an exception. The death toll has doubled in the last Lori Smith said she believes that's what her son might have decade, now claiming a life every 14 minutes. By contrast, traffic been thinking the night he died six months shy of his 16th accidents have been dropping for decades because of huge birthday. Nolan Smith, of Aliso Viejo, loved to surf, sail and fish investments in auto safety. with his brother and father. He suffered from migraines and Public health experts have used the comparison to draw anxiety but showed no signs of drug abuse, his mother said. attention to the nation's growing prescription drug problem, The night before he died in January 2009, Nolan called his which they characterize as an epidemic. This is the first time that mother at work, asking for a ride to the girls basketball game at drugs have accounted for more fatalities than traffic accidents Aliso Niguel High School. Lori told him she couldn't get away. since the government started tracking drug-induced deaths in When Nolan didn't come home that evening, his parents 1979. called police and his friends. His body was found the next Fueling the surge in deaths are prescription pain and anxiety morning on a stranger's front porch. drugs that are potent, highly addictive and especially dangerous A toxicology test turned up Zoloft, which had been when combined with one another or with other drugs or alcohol. prescribed for anxiety, and a host of other drugs that had not Among the most commonly abused are OxyContin, Vicodin, been prescribed, including two additional anti-anxiety drugs, as Xanax and Soma. One relative newcomer to the scene is well as morphine and marijuana. Fentanyl, a painkiller that comes in the form of patches and All investigators could give the family were theories. lollipops and is 100 times more powerful than morphine. "They said they will have parties where the kids will throw a Such drugs now cause more deaths than heroin and cocaine bunch of pills in a bowl and the kids take them without knowing combined. what they are," Lori said. "We called all of his friends, but no "The problem is right here under our noses in our medicine one would say they were with him. But he must have been with cabinets," said Laz Salinas, a sheriff's commander in Santa someone. You just don't do that by yourself." Barbara, which has seen a dramatic rise in prescription drug The triumph of public health policies that have improved deaths in recent years. traffic safety over the years through the use of seat belts, air bags Overdose victims range in age and circumstance from and other measures stands in stark contrast to the nation's record teenagers who pop pills to get a heroin-like high to middle-aged on prescription drugs. Even though more people are driving more working men and women who take medications prescribed for miles, traffic fatalities have dropped by more than a third since strained backs and bum knees and become addicted. the early 1970s to 36,284 in 2009. Drug-induced deaths had A review of hundreds of autopsy reports in Southern equaled or surpassed traffic fatalities in California, 22 other California reveals one tragic demise after another: A 19-year-old states and the District of Columbia even before the 2009 figures Army recruit, who had just passed his military physical, took a revealed the shift at the national level, according to the Times handful of Xanax and painkillers while partying with friends. A analysis. groom, anxious over his upcoming wedding, overdosed on a The Centers for Disease Control collects data on all causes of cocktail of prescription drugs. A teenage honors student death each year and analyzes them to identify health problems. overdosed on painkillers her father left in his medicine cabinet Drug-induced deaths are mostly accidental overdoses but also from a surgery years earlier. A toddler was orphaned after both include suicides and fatal diseases caused by drugs. parents overdosed on prescription drugs months apart. A The CDC's 2009 statistics are the agency's most current. They grandmother suffering from chronic back pain apparently forgot are considered preliminary because they reflect 96% of death she'd already taken her daily regimen of pills and ended up certificates filed. The remaining are deaths for which the causes double dosing. were not immediately clear. Many died after failed attempts at rehab — or after using one Drug fatalities more than doubled among teens and young too many times while contemplating quitting. That's apparently adults between 2000 and 2008, years for which more detailed what happened to a San Diego woman found dead with a data are available. Deaths more than tripled among people aged Fentanyl patch on her body, one of five she'd applied in the 24 50 to 69, the Times analysis found. In terms of sheer numbers, hours before her death. Next to her on the couch was a notebook the death toll is highest among people in their 40s. with information about rehab. Overdose deaths involving prescription painkillers, including The seeds of the problem were planted more than a decade OxyContin and Vicodin, and anti-anxiety drugs such as Valium ago by well-meaning efforts by doctors to mitigate suffering, as and Xanax more than tripled between 2000 and 2008. well as aggressive sales campaigns by pharmaceutical Page 105

The rise in deaths corresponds with doctors prescribing more The Justice Department attributed much of the decline to a painkillers and anti-anxiety medications. The number of sharp drop in the number of simple assaults. prescriptions for the strongest pain pills filled at California Criminologists have repeatedly told CNN in recent years the pharmacies, for instance, increased more than 43% since 2007 — declining figures are surprising inasmuch as crime has and the doses grew by even more, nearly 50%, according to a historically increased in times of economic stress. review of prescribing data collected by the state. A clearer picture of crime in the United States is likely to Those prescriptions provide relief to pain sufferers but also emerge from a major FBI report scheduled for release Monday fuel a thriving black market. Prescription drugs are traded on morning. The closely watched FBI Uniform Crime Report also is Internet chat rooms that buzz with offers of "vikes," "percs" and expected to show a continuing drop in violent crime throughout "oxys" for $10 to $80 a pill. They are sold on street corners along 2010. That report, based on detailed reporting by all of the with heroin, marijuana and crack. An addiction to prescription nation's police agencies, provides breakdowns in all drugs can be costly; a heavy OxyContin habit can run twice as subcategories of crime. much as a heroin addiction, authorities say. A preliminary FBI report for the first half of 2010 showed a On a recent weekday morning, Los Angeles County decline in violent crime of 5.5 percent. That is expected to hold undercover sheriff's deputies posing as drug buyers easily up for the entire calendar year. purchased enough pills to fill a medicine cabinet on a sidewalk a The Justice Department Victimization Survey, which few blocks south of Los Angeles City Hall. provides numbers of victims based on an extensive telephone The most commonly abused prescription drug, hydrocodone, survey, does not include statistics for murder. It cites figures for also is the most widely prescribed drug in America, according to rape, robbery, aggravated assault and simple assault. Almost the U.S. Drug Enforcement Agency. Better known as Vicodin, two-thirds of violent crime "victimizations" occurring during the pain reliever is prescribed more often than the top cholesterol 2010 were simple assaults in which the victim did not suffer an drug and the top antibiotic. injury, the Justice Department survey found. "We have an insatiable appetite for this drug — insatiable," http://articles.cnn.com/2011-09-16/us/us_violent-crime- Joseph T. Rannazzisi, a top DEA administrator, told a group of decline_1_violent-crime-simple-assaults- pharmacists at a regulatory meeting in Sacramento. criminologists?_s=PM:US In April, the White House Office of National Drug Control Policy announced initiatives aimed at stanching prescription drug 11-09-16 CA Local state legislators oppose gun regulation abuse. The plans include a series of drug take-back days, Governor to consider AB 144, which would make carrying modeled after similar programs involving weapons, in which unloaded handguns a crime consumers are encouraged to turn leftover prescription drugs in The Central Coast’s representatives in the state Legislature to authorities. Another initiative would develop voluntary both oppose a bill that would make it a misdemeanor to openly courses to train physicians on how to safely prescribe pain drugs, carry an unloaded handgun in public. a curriculum that is not widely taught in medical schools. The bill, AB 144, passed both houses of the Legislature and Initial attempts to reverse the trend in drug deaths — such as is headed for the desk of Gov. Jerry Brown for his signature or state-run prescription drug-monitoring programs aimed at veto. thwarting "doctor-shopping" addicts — don't appear to be having But Assemblyman Katcho Achadjian and state Sen. Sam much effect, experts say. Blakeslee, both San Luis Obispo Republicans, say the bill "What's really scary is we don't know a lot about how to infringes on gun owners’ rights established under the Second reduce prescription deaths," said Amy S.B. Bohnert, a researcher Amendment to the United States Constitution. at the University of Michigan Medical School who is studying That amendment reads: “A well-regulated militia, being ways to lower the risk of prescription drugs. necessary to the security of a free state, the right of the people to "It's a wonderful medical advancement that we can treat keep and bear arms, shall not be infringed.” pain," Bohnert said. "But we haven't figured out the safety belt In an email to The Tribune, Achadjian wrote “As a strong yet." http://articles.latimes.com/print/2011/sep/17/local/la-me- supporter of our Second Amendment Rights, I believe that AB drugs-epidemic-20110918 144 unnecessarily restricts the ability of law-abiding Californians to carry an unloaded, unconcealed firearm. 11-09-16 Justice Department survey confirms downward “Additionally, existing law already prohibits those without a trend in violent crime concealed weapons permit from carrying a loaded firearm and Violent crime in the United States continues to drop also prohibits the brandishing of a firearm, whether loaded or significantly despite the difficult economic environment, unloaded,” Achadjian wrote. according to new statistics released Friday by the Justice Blakeslee took a similar tack. Department. “We need a rational and coherent approach,” he wrote, “that According to the Crime Victimization Survey released defends both public safety and the Second Amendment. annually by the Bureau of Justice Statistics, in 2010 violent Unfortunately, by now restricting both concealed and open carry, crimes dropped about 13% among U.S. residents ages 12 or California is moving toward a de facto ban on gun possession.” older. According to a legislative analysis published on the state’s Crime has been declining for several years, but the decline website, the bill’s supporters believe the absence of such a law reported by the survey for past year was about three times as has led to an increase in “problematic instances of guns carried in great as annual declines recorded by the same survey during the public, alarming unsuspecting individuals (and) causing issues previous nine years. for law enforcement.” Page 106

“Open carry creates a potentially dangerous situation,” http://articles.philly.com/2011-09- according to the analyst’s summation of the bill’s supporters. 16/news/30183308_1_boyfriend-gun-accomplice “In most cases when a person is openly carrying a firearm, law enforcement is called to the scene with few details other than 11-09-16 Tucson's Davis-Monthan Air Force Base secured one or more people are present at a location and are armed,” the TUCSON, Ariz. -- Davis-Monthan Air Force Base in Arizona analysis continues. “In these tense situations, the slightest wrong was placed under lockdown because of a "potential security move by the gun carrier could be construed as threatening by the situation" around 10:30 a.m. Friday, and lockdown was lifted responding officer, who may feel compelled to respond in a shortly before 5 p.m. manner that could be lethal. In this situation, the practice of In a statement shortly before 6 p.m. Base Commander Col. ‘open carry’ creates an unsafe environment for all parties John Cherrey said, "Local and federal law enforcement personnel involved.” in concert with the base security force personnel conducted the http://www.sanluisobispo.com/2011/09/15/1759022/local-state- sweep and secured the building where the alleged gunman was legislators-oppose.html#ixzz1ZGbsVPsY reported. No gunman or weapon was found and the building was declared secure." 11-09-16 Teen held in gunpoint rape in Phila. He praised the response of those who responded and Police have arrested an 18-year-old and charged him with emphasized all threats at the base are taken seriously. robbing a couple and then raping the woman at gunpoint Tuesday Earlier in the day T/Sgt. James Russell Martin of the base in front of her boyfriend in Southwest Philadelphia. media relations office said, "There was an unconfirmed spotting Police did not release the name of the alleged offender of a man with a weapon" and the base went into "crisis action because they are investigating him for other crimes and searching mode, locking down the base for the safety and security of the for the accomplice in the attack, said Capt. John Darby of the people on Davis-Monthan." Special Victims Unit. Martin said, "No shots have been fired and no one has been Darby said the victim, a teacher, and her boyfriend were hurt." returning from dinner about 9:30 p.m., walking along Springfield He said the suspicious man reportedly had run into an Avenue near 48th Street, when they were approached by the 18- engineering building on the base. year-old and a younger-looking accomplice. According to base officials information of the ongoing The 18-year-old pointed a gun at the man and woman and operations was restricted to prevent the suspect from knowing forced them into an alley, where the teens robbed the couple. what measures were being taken. Then the 18-year-old raped the woman while pointing the gun at Just after 2 p.m. The Tucson Police Bomb Squad and Pima both, Darby said. County Regional SWAT Team made their way on to the base. The boyfriend talked with television reporters Wednesday A military official said an armed civilian had barricaded night, saying the accomplice tried to persuade the teen not to rape himself in a room. Authorities and a SWAT team are negotiating the woman, saying, "We got everything we wanted." The with the man. accomplice is believed to be female, investigators said. No one was being allowed in or out of the sprawling base on The suspect was arrested late Wednesday, Darby said. The the southeast corner of Tucson. gun, a replica .44-caliber Magnum pellet gun, has been "Security is going to be in place until base leadership feels recovered, police said. the situation is under control," Martin said. "We're just going to "The gun is a very realistic weapon," said Lt. Ray Evers, a make sure we maintain heightened security until we feel police spokesman. "Even to the trained eye, it looks like a everything is safe and secure." weapon." Davis-Monthan is one of Tucson's largest employer and up to The boyfriend said he prayed for the crime to be over 8,500 people are on the base at any one time. quickly. Several news media outlets quoted people on the base as "I kept looking at his gun because I was trying to make a saying a "shooter" had been found and contained. Those reports decision if I was going to go after the gun," said the man, who could not be confirmed. told the TV reporters he was 40. "But she was pleading with me Tucson Fire spokeswoman Trish Tracy said the agency sent not to, that she needed me here." two ambulances and two fire trucks to the base. Police are investigating whether the 18-year-old and his An ambulance was seen leaving the base about 12:35 p.m., accomplice were involved in other recent neighborhood but officials said that had "nothing to do with the security robberies, including one last Thursday about 12:30 a.m., when a situation." 27-year-old woman was attacked by two teens on the 4800 block "A member of our community is pregnant and she is being of Chester Avenue. taken to the hospital," the base said. In that attack, the woman described how a short teenager, Ron Barber, a member of Congresswoman Gabrielle Giffords wearing a military-style sweater with shoulder pads and carrying Rep. Gabrielle Giffords' staff, told KPNX Channel 12 in Phoenix an old black revolver, ordered her into a nearby driveway while that he became aware of the lockdown as he left the base about another teen, tall and thin, stood behind her. 10 a.m. after a function for Giffords, who is recovering from an After the woman refused to go into the driveway, the teens assassination attempt in January. stole her pocketbook and fled. Barber said, "We were all lined up to get out of the base. I The District Attorney's Office has charged the suspect in just got there as they were closing the gates. Everything was Tuesday's attack with 19 crimes, including rape, kidnapping, and really calm. Air Force personnel were going about their business aggravated assault. in a very professional manner." Page 107

Barber said he was not told what was going on, but was "It's human nature to distrust something you don't know allowed to leave. about," Stewart said. "With information, understanding and trust Davis-Monthan is adjacent to the Pima Air and Space become better (and) cooperation will become more natural." Museum and the "boneyard" for old military and government The first class, held on Monday, tackled the issue of force -- airplanes that is a popular destination for aviation enthusiasts. the city laws and procedures that govern when police can use it. http://ktar.com/6/1452937/DavisMonthan-AF-Base-on-lockdown "I learned a lot in just one three-hour class," Stewart said. He's particularly looking forward to the session about the 11-09-15 Note Claims Pipe Bombs Planted At Lackland Air inner workings of the Citizen-Police Review Board, mostly Force Base because many people are not aware it exists, he said. SAN ANTONIO -- Joint Base San Antonio officials are If residents believe an officer is acting improperly, "people investigating a pipe bomb threat made Thursday morning at feel there's no recourse other than to act out illegally," he added. Lackland Air Force Base. Knowing there is a system can help, Stewart said. According to a statement from the air base, a security guard He shared a classroom on Monday in the Allegheny Center found a note attached to a lock box at a construction site for the Alliance Church in the North Side with Diedra Arthur. base's new airman training complex, stating that several pipe She heard about the program on the city's website and bombs had been planted at Lackland in the construction area. decided to take advantage. The paralegal always has had an A base spokesman said that site is accessed only by contract interest in law enforcement. construction workers and that Lackland security personnel have "It's a great opportunity to learn what police officers do," she been checking the site since early in the morning. said. The 34-year-old lives in the Allegheny West neighborhood. Although the initial sweep turned up nothing, staff at the base "Everybody should be taking this," Arthur said. will remain on guard for the rest of the day. Then there's Colette Garmer. Although the Brackenridge The spokesman said the construction site is accessed only by resident wanted to better appreciate the job of a police officer, contract construction workers. she has an ulterior motive. She's working on a crime novel about "We take all threats seriously and we investigate them a woman looking to avenge the death of her father. To fill in the thoroughly," said Oscar Balladares, with Lackland. "The well- blanks, especially where police procedural details are concerned, being of all our personnel, civilian, contract, military, is at the she signed up for the academy. utmost for us." "It's time to be a sponge and learn about what I write," she He said security staff at the base have no clear idea about said. "This is a good way not to get in the way and get shot." who could have made the threat or why. http://www.pittsburghlive.com/x/pittsburghtrib/news/columns/va http://www.ksat.com/news/29193213/detail.html naski/s_756846.html

11-09-15 Pittsburgh Academy lifts veil on police workings 11-09-15 KY Salisbury man banned from hunting worldwide Rolando Stewart is working on his retirement plan, but it A Salisbury resident has been banned from hunting anywhere doesn't involve fishing or traveling. in the world for two years as part of an agreement with federal Now that he has more time on his hands, Stewart's goal is to authorities in Kentucky on charges that he illegally hunted in and make his community safer. took wildlife from that state. That's why he signed up for the Pittsburgh Citizen's Police Rodney L. Poteat agreed to the ban in U.S. District Court in Academy. The academy was established in the mid-1990s as a Kentucky last week, according to a Department of Justice press bridge between the police department and city residents. release. Reached at his Perryman Drive home Wednesday Lt. Jennifer Ford, who runs the program, describes it as a evening, Poteat declined to comment. watered-down version of the classes offered to police department He also agreed to pay the Kentucky Department of Fish and recruits. Topics in the 15-week course include criminal law, the Wildlife Resources $5,300 in restitution, and $50 in special department's K-9 unit and firearm safety. penalty assessments. The restitution is to compensate the Classes used to take place in the department's training center Kentucky Department of Fish and Wildlife Resources for the in Highland Park. Ford took over the program in 2006 and moves fees Poteat would have paid for hunting in Kentucky between the class to different neighborhoods each term. 2002 and 2011, the press release said. "Participation has gone up since," Ford said. The academy Poteat was charged July 27 and sentenced Sept. 7. He usually draws 15 to 25 students. received unsupervised probation. The hunting ban was a Those who complete the class can volunteer with the police condition of that sentence, Justice Department statement said. when there are special events, such as the G-20 conference in According to federal authorities, on Nov. 27, 2010, Poteat 2009. transported a 14-point white-tailed deer from Hart County, Ky. to The academy gets interest from all types of residents, she his home in Salisbury. Poteat was required to purchase a non- said, from those considering law enforcement as a career to those resident hunting license and deer permit prior to hunting in looking to get class credits. She's had students as young as 18 Kentucky. He also was required to report the harvest of any deer and as old as 80. taken in Kentucky, and to make a report before transporting the "It's a good way for us to find out what the community is deer outside of Kentucky. thinking," Ford said. Poteat also pleaded guilty to knowingly transporting a bobcat Stewart, 63, lives in Swissvale but spends time with family in from Hart County, Ky. to Salisbury in November 2010 without the Central North Side. He signed up, keeping in mind the divide purchasing a non-resident hunting license. Poteat also failed to that often exists between communities and the police. report the harvest of a bobcat taken within Kentucky, authorities said. Page 108

According to the press release, Poteat used to live in Hart Despite the alderman’s argument, the committee County, Ky unanimously advanced on the proposed ban to the full Common http://www.salisburypost.com/News/091411-web-salisbury-man- Council. banned-from-hunting-qcd http://www.wuwm.com/programs/news/view_news.php?articleid =9167 11-09-15 Ill Man wounds self teaching girlfriend how to shoot A southwestern Illinois man's attempts to teach his girlfriend 11-09-14 House Considers Whether Gun Permits Can Cross how to safely shoot a handgun went awry when he accidentally State Lines shot himself. Congressional lawmakers yesterday heard testimony on a St. Clair County authorities tell the Belleville News- federal bill that would give Americans who hold permits to carry Democrat (http://bit.ly/mYAPHp) that the injuries the Millstadt firearms in their home states the right to carry their weapons man suffered Sunday aren't considered life-threatening. He isn't across state lines. being publicly identified. The sponsors of the legislation, dubbed the National Right-to- Investigators say the 39-year-old man and his girlfriend had Carry Reciprocity Act, maintain that people’s Second been shooting into the woods near his house before he got back Amendment rights should encompass the right to carry their into his truck to reload the gun. That's when the weapon fired, firearms outside their home states. wounding the man's left hand. The House Judiciary Committee’s Subcommittee on Crime, The girlfriend drove him to a Belleville hospital, where Terrorism, and Homeland Security held a hearing yesterday on authorities were notified. the legislation, which is sponsored by Florida Republican Cliff Authorities say the man had an expired federal firearm Stearns and North Carolina Democrat Heath Shuler. Here’s a owner's identification card and can get his gun back when he report from Fox News on the hearing and click here to read the renews that. statements provided by witnesses. http://northernstar.info/from_ap/illinois/article_cabb5fd9-b83f- Many states have voluntarily agreed to honor gun permits 5db6-8b69-85ad3bf7c114.html granted by other states, but there is no nationwide framework for honoring other states’ firearm permits, Fox News reports. 11-09-15 Milwaukee Common Council Considers Gun Ban Opponents of the legislation claim that it tramples on each In less than two months – on November 1, Wisconsin’s new state’s autonomy to set the standards its lawmakers believe are concealed carry law will take effect. People will be able to carry necessary to confront local problems, according to Fox News. hidden guns, as long as the person has completed a training Philadelphia Police Commissioner Charles Ramsey testified course and purchased a state license. Businesses can prohibit yesterday that Congress should not allow people to carry weapons on their premises however, by posting a sign, and firearms nationwide “without consideration for the minimum governments can approve certain restrictions. As WUWM’s standards” created by each state. He added: “What works where I LaToya Dennis reports, the Milwaukee Common Council’s currently serve as Commissioner in Philadelphia, and the Public Safety Committee advanced a plan Wednesday that would Commonwealth of Pennsylvania, does not work for our neighbor prohibit guns in city-owned buildings. across the river in New Jersey.” Councilwoman Milele Coggs introduced the proposal. It calls But George Mason University law school professor Joyce for Milwaukee to post signs notifying visitors they cannot bring Lee Malcom countered that the legislation would make the guns inside city-owned buildings. Coggs says tragic shootings country safer. “If self-defense is to be effective people must be elsewhere prompted her action. able to be armed,” she told lawmakers. “The American system of “There are countless cases that I’m sure we’ve all seen in the trusting ordinary people to protect themselves and carry firearms headlines. Whether it is Councilman James Davis from New responsibly has enhanced public safety.” York or whether it is the Kirkwood, Missouri situation where http://blogs.wsj.com/law/2011/09/14/house-considers-whether- several people were shot and killed at a council meeting. gun-permits-should-cross-state-lines/ Whatever we can do to help prohibit the carrying of dangerous weapons into our council meetings our council rooms and into 11-09-14 Ill. legislators remain split on concealed carry our offices, is an action that I would hope we all could agree we The May defeat of concealed carry legislation left some don’t want to occur,” Coggs says. Illinois residents upset. All five members of the committee did agree, but not before U.S. Rep. Randy Hultgren released a press statement fellow Alderman Joe Dudzik stopped by to testify that he addressing a letter he recently sent to Illinois lawmakers believes guns should be allowed on city property. Dudzik regarding concealed carry legislation. recounted a story from years ago, in which a city employee was In the letter, Hultgren pointed out that the Supreme Court has shot to death by a former partner, inside Milwaukee’s Zeidler made it clear that the Constitution guarantees Americans' Building. individual rights to protect themselves in the Second “Had one or two of her fellow employees had a firearm, Amendment, ruling in 2008 and 2010 that Americans have the would that woman be dead today? Can’t prove negative, but I right to possess firearms. can say for certain that I think that individual that brought that The letter goes on to urge lawmakers to join the rest of the sawed off shot gun, I believe into the 809 building, or into the states in passing this legislation and to stop denying the citizens Zeidler building I should say. I believe that individual would of Illinois the legal right to protect themselves. have thought twice,” Dudzik says. Not all state leaders are against such legislation. The bill actually came close to passing, receiving 65 votes but needing 71 to pass. Page 109

"I am in favor of concealed carry," said Sen. Christine Lavelle saw one teen, dressed in a red Phillies shirt and cap, Johnson. "I have been all along, so I certainly agree with reach for a gun in his waistband. Congressman Hultgren." He hears his wife and babies screaming upstairs, the mob of While some local politicians are in favor of concealed carry, teens are threatening to “bust up his white ass” and somewhere, not everyone is onboard with the idea. University Police are leery Lavelle finds the adrenaline, the strength, the sheer will to of the legislation and the effect it could have on campus. overpower them-just like we hear the myths about a mother who "Allowing conceal carry presents a whole lot of challenges, lifts a car up to save her baby trapped underneath it because her especially when drugs or alcohol are involved and emotions are adrenaline and stress level goes through the roof. The only thing running high," said Sgt. Alan Smith, public information officer Lavelle could think about was protecting his family. for the NIU Police Department. "A lot of our fights involve “All I could see was my body being laid out at St. Anne’s alcohol, so this could be a recipe for disaster. If the law were Church and my family closing my casket,” said Lavelle. “I passed, we would have to look at our tactics and compare them couldn’t let that happen.” to other universities in other states." He runs and tackles them, pushing three of them out his front Dekalb Police Chief Bill Feithen said the last piece of door just as the police arrive on the scene. The kid with the gun legislation he saw allowed citizens to carry a firearm with less runs off but the police find him hiding in the park behind the training than law enforcement officers. Richmond Library. "It only takes an individual using a weapon the wrong way or The two guys who hit Lavelle are also caught and identified; making a mistake once to destroy their life," Feithen said. the rest of the mob is pulled over at Belgrade and Allegheny Some students expressed concern as well. Streets before they could make their getaway out of the "I think people should be allowed to own guns and have them neighborhood. in their home, but I don't think that they should be allowed to And so it continues… have them on their person," said NIU English major Alex Later that night, well into the early morning, the mother of Sanders. "It could lead to more gun violence. If you start one of the assailants who was arrested shows up at Lavelle’s introducing more guns into the populous its just going to incite house. She brings people with her. She brings with her threats more gun violence." that she delivers to Lavelle. She was outraged that Lavelle’s Despite being voted down, the legislation is not necessarily identification and testimony of her son’s actions could put him dead and will likely be voted on again in the future, Johnson said. behind bars. "I don't think anything will happen in the veto session," According to Lavelle and his neighbors she screamed and Johnson said. "It could be after the primary [elections] in 2012 threatened, “We know where you live. I’ll see you in court….if that it is more likely to come up for some kind of vote." you make it there.” Threats of “we’ll be back” echo through the http://northernstar.info/city/dekalb/article_fa5b9b64-df4c-11e0- night. Lavelle calls 9-1-1 and more arrests were made. b756-0019bb30f31a.html Not again Complete utter hell. The worst of the worst. Mark and Kim 11-09-14 Hell Came to Port Richmond: Mark Lavelle Lavelle and their babies were innocent bystanders one moment attacked in home invasion and then, in their efforts to try and save two local teens from It was late Friday Night when young parents Kim and Mark being violently beaten or maybe even killed, they are thrown into Lavelle put their twin baby boys down for the night. In his free the ultimate nightmare. time, Mark started to work on the schedules for the upcoming When Lavelle saw two local teenagers running for their lives, season for the youth athletics leagues he coaches and organizes. being chased by the mob, he said to himself, “It’s Sean Daily all Your kid might play soccer in one of Mark’s Leagues or for the over again.” Frankford Chargers, the Port Richmond Tigers, or in the Peg In 1988, Sean Daily was a Port Richmond teenager who was McCook Sports Tournament, named after his grandmother. the all American kid. He played baseball for the Port Richmond Suddenly, Mark heard yells and hollers outside and the Tigers; he stocked milk and eggs at the corner store and he was sounds of dozens of footsteps pounding the pavement. going to a carnival on that night in May of 1988 when a carload He put his head out the door of his Port Richmond home to of Hispanic teens went looking to even a score from a fight with see about two dozen local teens running from Stokley a white guy the night before. playground, being chased by several cars of teenagers holding They pounced on the first white boy they could find in Port pipes, bats and one was brandishing a gun. Richmond, beating him to almost death with bats. Daily tried to “I thought these kids were gonna get killed,” so Lavelle climb under a parked car to stop the beating but the monsters grabbed two of the neighborhood kids who he didn’t even know grabbed him by the ankles, dragged him into the street and shot and threw them into his house and quickly safeguarded the door, him in the back. snapping shut the deadbolt lock and screaming to his wife to get And that’s exactly what ran through Lavelle’s mind when he in the bedroom with the babies and lock the door. saw those kids running for their lives. “We’re gonna have But the deadbolt was no match for the mob who stomped through another Sean Daily on our hands.” his front door, screaming that they were going to kill him. Guard and Protect About 60 of them were out on his pavement and the front line In reflecting on his actions to protect those two teenagers last stormed into Lavelle’s house creating a flash mob situation in his Friday night, Lavelle says with certainty, “If it happened living room. Lavelle stood his ground as three or four of them tomorrow, I would do the same thing. And it wouldn’t matter one started to attack and beat him, yelling racial slurs. One teen bit whether they were black, white or Hispanic, I would have swung a pipe at his shoulder; another round-housed his eye. pulled those kids into my home to avoid being killed.” Page 110

Now you and I know the teenagers from Richmond aren’t perspective when the father of one of the teens he saved and always simply standing on the corner selling Girl Scout cookies protected came to Lavelle and said, “Thank-you, if you didn’t and collecting canned goods for the hungry. But you and I also help my son that night, we’d be planning his funeral.” know the days of the good old fashioned fist fight are up in So how can we help? heaven with the pay phone, VHS tape and New Coke. The community can come together and help the Lavelle And no matter what color you are, when you read the story of family. Their door is busted; windows have been broken. We Mark Lavelle and picture his wife hearing through the locked need a contractor to step up and offer services to assist with bedroom door her husband being attacked as her baby boys replacing the door; perhaps a donation of the door itself from one screamed for their daddy-the only color you should be seeing is of our businesses in the area; a security system installed at his red. home so that he and his family can feel the safety and security Red because Kim and the kids packed up and left their home, which they deserve to feel in their own home. If you would like in fear of their lives. Talks and plans are to move out of the to help or know of someone that can help, please call The Spirit neighborhood; Mark is guarding his house from further at 215-423-6246. Together, we can help the Lavelle family and destruction. show them that the community does stick together and take care And the ironic part about this whole horrific event is that if of each other. After all, Mark Lavelle, has been taken care of the you know Lavelle, you know just how much he gives back to community for a long time. youth in the community-no matter what color they are. “I have http://spiritnewspapers.com/hell-came-to-port-richmond-mark- black cousins; Hispanic nephews,” said Lavelle. The lavelle-attacked-in-home-invasion-p1626-113.htm tournaments he runs in the community are colorblind, in some years 12 of the 14 scholarships given out at the McCook 11-09-14 Chief: Gunshot reports lead police to scene of tournament were to minority students. He buys and donates cases Meadville murder-suicide (Updated: 9:45 a.m.) of water and Gatorade to teams; the players see him coming and MEADVILLE -- Neighbors who reported hearing gunshots at call him “Mr. Mark”. He coaches the Tigers, helps kids learn the a city residence alerted police to a Baldwin Street apartment basics of football, soccer-the list goes on and on. early this morning. Protecting the People There, they found a woman shot dead and a man still alive Lavelle is asking all the youth in the community to keep the with a gunshot wound to his head, Meadville Police Chief David peace. He wants no retaliation. Lavelle believes that this needs to Stefanucci said. be handled by the authorities. “I trust the authorities, but they When Meadville police officers arrived at 650 1/2 Baldwin need to provide protection to the community. I am relying on the St. at about 3:20 a.m., they found the glass broken on the authorities.” Lavelle believes strongly, now and even before this apartment's entry door, Stefanucci said. Nobilee R. Forro, 30, incident, that there needs to be a police presence at Stokley. He was found dead inside the apartment. She had been shot point- and many other members of the community are looking for that blank, Stefanucci said. presence. Michael D. Trout, 26, who police said shot Forro, was found In speaking with The Spirit, Captain Thomas Davidson of the about eight feet from her body. He was rushed by Meadville 24th Police District says that security measures are being taken. Area Ambulance Service to the Meadville Medical Center, where “We already have increased police presence in the Stokley he died, Stefanucci said. Playground area as well as at Campbell Square.” Regarding the Police said that there had been a "domestic" incident between incident on Friday and Saturday, the Captain said that they “are Forro and Trout, who was a police officer with the Conneaut working to make sure that justice is served.” Lake Regional Police Department, earlier this morning. There Where does he turn? was no other history of domestic incidents involving the couple Lavelle wants to know what services are available to him as a before this morning, Stefanucci said. victim of a hate crime. What protection will he receive? Who Police have completed their investigation at the apartment will replace his door and windows? and released it to its owner, he said His message to all those kids who are outraged at this http://www.goerie.com/apps/pbcs.dll/article?AID=/20110914/NE incident and want to protect him: “Please do not become WS02/309149894 vigilantes and think that you should go out and take matters in your own hands. Do not retaliate. That will not solve a thing. It 11-09-14 3 more murders linked to Gunwalker will only cause you to be arrested and that is senseless. You will Weapons linked to ATF's controversial "Fast and Furious" be hurting someone’s son, brother. There is no good that will operation have been tied to at least eight violent crimes in ever come out of retaliation,” expressed a very passionate Mexico including three murders, four kidnappings and an Lavelle. “The community needs to work together with the attempted homicide. authorities to be sure that we get the protection we need.” According to a letter from U.S. Assistant Attorney General Peace is what Lavelle wants – for his family and his Ronald Weich to Rep. Darrell Issa (R-CA) and Sen. Charles community. Grassley (R-Iowa), the disclosed incidents may be only a partial A very good man, husband and father, Mark Lavelle was list of violent crimes linked to Fast and Furious weapons because attacked in his own home in Port Richmond this past weekend. If "ATF has not conducted a comprehensive independent the Lavelles move out of the neighborhood, not only will a light investigation." go out but the kids who play ball at all the local rec centers and When added to the guns found at the murder scene of Border fields will surely lose a friend, a mentor and a really good man. Patrol Agent Brian Terry in the U.S., the newly-revealed murders Lavelle has no regrets that he rescued the two local kids from in Mexico bring the total number of deaths linked to Fast and a violent beating or possibly death. Everything came into Furious to four. Page 111

According to the Justice Department letter: Last year, a Fort Myers attorney sued Lee County, arguing One AK-47 type assault rifle purchased by a Fast and Furious that no-firearms signs at local parks violated state law. suspect was recovered Nov. 14, 2009 in Atoyac de Alvarez, Bigelow went back and forth with staff on repercussions of a Mexico after the Mexican military rescued a kidnap victim. no vote. On July 1, 2010, two AK-47 type assault rifles purchased by Because the majority of commissioners passed the new rule, Fast and Furious suspects were recovered in Sonora, Mexico the dissenting commissioners will not be subject to state after a shootout between cartels. Two murders were reported in disciplinary action, said County Attorney Michael Hunt. the incident using the weapons. The Rev. Wayne Robinson of All Faiths Unitarian On July 26, 2010, a giant .50 caliber Barrett rifle purchased Congregation in Fort Myers was the only public speaker at the by a Fast and Furious suspect was recovered in Durango, Mexico meeting. after apparently having been fired. No further details of the “This is a wrong being done miles away in Tallahassee,” incident were given. Robinson told commissioners. On Aug. 13, 2010, two AK-47 type assault rifles purchased Acknowledging that he supports the National Rifle by a Fast and Furious target were recovered in Durango, Mexico Association and Second Amendment rights, Chairman Frank after a confrontation between the Mexican military and an Mann said he couldn’t fathom the Legislature’s justification for "armed group." exerting its authority in such a fashion, calling it “zeal and On Nov. 14, 2010, two AK-47 type assault rifles purchased paranoia in Tallahassee.” by Fast and Furious targets were recovered in Chihuahua, But he said he had no choice in the matter. Mexico after "the kidnapping of two individuals and the murder “I am going to succumb to the gun to my head,” Mann said. of a family member of a Mexican public official." Sources tell http://www.news- CBS News they believe this is a reference to a case we press.com/article/20110914/NEWS01/110913062/Lee-County- previously reported on: the terrorist kidnapping, torture and bows-state-gun-issue murder of Mario Gonzalez Rodriguez. Rodriguez was the brother of then-attorney general Patricia Gonzalez Rodriguez. The 11-09-13 Grizzly shooting pits Idahoans against Uncle Sam terrorists released video of Rodriguez before his death, in U.S. prosecutors charge a man who said he was protecting his handcuffs surrounded by hooded gunmen. family. State residents and officials are outraged. On May 27, 2011, three AK-47 type assault rifles purchased Reporting from Bonners Ferry, Idaho— by Fast and Furious targets were recovered in Jalisco, Mexico To understand the deep rift over federal regulation of after having been fired. No other details of the incident were endangered species, one only had to sit in the stands of the provided, but the date and location match with another incident annual 4-H auction at the Boundary County Fairgrounds here last previously reported by CBS News. On May 27 near Jalisto, cartel month, when 14-year-old Jasmine Hill's handsome pig, Regina, members fired upon a Mexican government helicopter, forcing it went up for sale. to make an emergency landing. According to one law First, it's important to know the back story: Jasmine's father, enforcement source, 29 suspected cartel members were killed in Jeremy, had been charged by the U.S. Justice Department a few the attack. weeks earlier with shooting a grizzly bear — a federally http://www.cbsnews.com/8301-31727_162-20106253- designated threatened species — 40 yards from the back door of 10391695.html the family home at the base of the Selkirk Mountains. Plenty of people have been charged with illegally killing 11-09-13 FL Lee County bows to state on gun issue endangered wolves, bears, caribou and other animals with Lee County gave up its ability to dictate where weapons with tenuous footholds in the rugged country in places like northern legal permits are allowed Tuesday, but the ordinance didn’t pass Idaho. without some harsh words. But this was different. Hill, his neighbors said, was protecting County commissioners Brian Bigelow and Ray Judah his home and his family. He was doing what any of them might dissented in the 3-2 vote. have done. And now a man trying to raise six children out in the Bigelow said he was stunned by a new state law, which takes woods on a backhoe operator's earnings was facing up to a year effect Oct. 1. in prison and a $50,000 fine. “As a citizen, I can post a sign on my front door that says ‘no So when Jasmine started shyly prodding her prized pig guns allowed.’ I can use my First Amendment rights. And yet around the arena, Sam Fodge, the owner of a wood-chip mill, this ordinance says that, as a county, we cannot even cut and quickly bought it at $4.50 a pound, or $1,143. Then Fodge said: paste legislative law — their words — on a sign,” Bigelow said. "Give it back. Sell it again." The mandate is trying to use the Second Amendment to The pig sold next to North Idaho Energy Logs. Then Pluid trump the First Amendment, he said. Logging. Then Three Mile Cafe. In all, Regina was sold 15 State law has barred local authorities from adopting their own times, raising a total of $19,588 for Hill's legal defense fund. gun restrictions since 1987, but it lacked an enforcement Jasmine hung her head, dumbfounded, in the arena. Jeremy and component. his wife, Rachel, were in tears. The Legislature in May passed a tougher law that penalizes "Some pig. Some community," Bonners Ferry News local governments that enforce their own gun regulations. Publisher Mike Weland wrote the next day, evoking the day in The law says any local official flouting the Legislature’s the book "Charlotte's Web" when a loyal spider turned a pig into authority on this issue may be fined $5,000 and removed from the star of the county fair. office. Cities and counties that enforce their own ordinances can After that, Jeremy Hill won support from Republican Gov. be fined $100,000. C.L. "Butch" Otter, the state's congressional delegation, the Page 112

Boundary County Board of Commissioners and even county bear populations — means crossing a river, perhaps an prosecutor Jack Douglas, who in an extraordinary public Anheuser-Busch hop farm and U.S. 95. statement said that seasoned state wildlife investigators looked "These are what some biologists call the walking dead," into the case and did not ask him to file charges. Louisa Willcox, a senior wildlife advocate for the Natural "Grizzly bears are unpredictable, dangerous predators," Resources Defense Council, who has long studied the plight of Douglas said. "In my mind, there's no question that the Hill America's biggest predator, said of the Selkirk grizzlies. family was likely in danger or that Jeremy, by his actions, did "Meaning, if bears stay at these levels and continue to be isolated what he did in defense of his family and his property." from each other, they're never going to get to recovery." Federal officials, however, said Hill violated the Endangered ***** Species Act, which allows landowners to shoot one of the Hill has said he was getting out of the shower on Mother's region's struggling population of grizzlies only if it's directly Day in May when his wife spotted a female grizzly and a pair of threatening a human life. 2-year-old juveniles nosing around the pigpen 40 yards outside. "I well understand that there's a lot of information that's The two began shouting for their children, who had last been already out there.... There are public figures in this state who seen playing basketball on the opposite side of the house, but got have indicated, based on what they know, they would have made no answer. a different decision," U.S. Atty. Wendy Olson said in explaining While Rachel went to look for the children, Hill picked up his the filing of federal criminal charges. But "we have an obligation gun and went onto the back deck. He leveled the weapon at one in all cases to make decisions based on the evidence that is of the young bears, which was climbing into the pigpen, and presented to us in the course of the investigation and based on the fired. The other juvenile bear and the sow rushed into the woods law as it stands." in fright, while the young bear Hill had shot limped off, and then **** turned and moved back toward the house. The conflict between state and federal views of wildlife Hill fired two more shots, deciding it was better to finish the management has played out like a stage drama across Western bear off than have a wounded animal around the property. He states over the past few decades, with constant disputes over immediately notified state fish and game officials. logging, mining and grazing. Such battles have a uniquely The state investigated and turned its findings over to the emotional pitch when it comes to efforts to boost populations of federal Fish and Wildlife Service, which conducted its own violent predators such as wolves and grizzlies. inquiry. In August, Olson announced the criminal charges. More than 100,000 grizzlies once roamed the lower 48, but Not all of Hill's neighbors rose to his defense. Jerry Pavia, there are now fewer than 1,000 in the northern Rockies, on who ran for the county commission in 2008 on a conservation barely 1% of their historic range. Wildlife advocates want to platform, said many valley residents think people need to work know: If not the mountains around the Kootenai Valley here, harder to accommodate the bears. "I'm proud to live in a place where else are the bears of northern Idaho going to go? where they have endangered species. That's one of the reasons I Local residents insist the issue is not the bears, but the law. live here, is we have an opportunity to actually see one of these "One of the flaws of the ESA is the premium it places on animals," he said. protecting species at the expense of everything else," Otter wrote But others say Hill never should have been threatened with the in protesting the charges against Hill. law for defending his family. To Hill's neighbors at the auction that day, shouting out a bid Last week, the U.S. attorney's office in Boise, faced with on a pig was a way of drawing a line in the sand. "I told Jeremy outrage bordering on insurrection in northern Idaho, dropped the from the very beginning, this could happen to any one of us. We criminal charges in favor of a citation that will require Hill to pay are in this together. We do have your back. And we will support a $1,000 civil fine. you any way we can," said logger Robert Pluid. "The United States attorney's office well understands Mr. Hill Perhaps nowhere has the reach of the federal law been more is a concerned husband and father who wants to protect his acutely felt than in Boundary County, which over the years has family," Olson said in a statement. seen its big timber mills close because of a poor timber market The apparent compromise may do little to quiet the wider and tightening federal forest restrictions. In Bonners Ferry, a controversy over the Endangered Species Act. town with 2,540 people and an unemployment rate of 14.5%, "People think they have to come in here and save us from many residents say economic recovery is impossible in an area ourselves. That we're not smart enough to manage this kind of where the federal government owns 75% of the land. area. For crying out loud, we've lived here all of our lives; we Two enormous grizzly recovery areas, made up largely of know what's best for our land," resident Guy Patchen said in an federally owned land, surround Bonners Ferry, and townspeople interview before the dismissal of the criminal charges. He grew say the protected bears increasingly are wandering out of the up on a ranch at the base of the Selkirks and is now an activist mountains, killing elk and causing fear. with Idaho for Wildlife, which advocates controlling predators to The grizzlies are cut off from bigger, healthier populations in preserve other wildlife such as elk and deer. Glacier and Yellowstone national parks, and state wildlife Patchen and others say they are no longer willing to allow officials estimate there are only 35 to 40 roaming the U.S. side of their hometowns to be a recovery zone for predators dear to the border in the Selkirk Mountains. An equal number, they say, environmentalists who don't have to live with them. live north of the border and also in the Cabinet Mountains, on the "Jeremy was protecting his family, his food source and his east side of the Kootenai Valley. house," Patchen declared. "And I guarantee you, if I kill a grizzly Their hold is precarious. Though some bears are making it up bear for the same reason now, I'm not going to tell anybody into Canada, traversing between the Cabinet and Selkirk about it." mountains — important for genetic diversity between the two Page 113

http://www.chicagotribune.com/news/nationworld/la-na-grizzly- the Executive Director of the Coalition to Stop Gun Violence and shot-20110913,0,4880811.story Huffington Post columnist Josh Horwitz on the ATF’s extra-legal (i.e. criminal) Operation Fast and Furious . . . 11-09-13 House Weighs Bill to Make Gun Permits Valid The National Rifle Association (NRA) remains absolutely Across State Lines giddy over U.S. Rep. Darrell Issa’s (R-CA) aggressive Lawmakers are considering a House bill that would give investigation of the Department of Justice (DOJ) through the Americans who hold permits to carry firearms in their home House Government Oversight and Reform Committee . . . states the right to carry their weapons across state lines. Although we don’t know all the facts yet, it’s clear that “Fast Although many states have entered into voluntary and Furious” was an ill-conceived and reckless operation — and agreements, there is no nationwide framework for honoring it may have cost lives. It also cost two high-level officials their permits and licenses uniformly. A bipartisan bill, co-authored by jobs — on August 30, ATF acting director Kenneth Melson and Reps. Cliff Stearns, R-Fla., and Heath Shuler, D-N.C., aims to U.S. Attorney for Arizona Dennis Burke announced their change that. resignations. New leadership can help refocus the agency on its Supporters say the measure would not create a federal mission–preventing all illegal firearms diversion from U.S. gun licensing system, but would require that all states recognize stores and gun shows with zero tolerance. Because this is also lawfully issued permits -- regardless of where they were issued. clear–the 2,000 guns that were allowed to walk in “Fast and Gun rights advocacy groups say it's the only way to make sure Furious” represent just a tiny percentage of the high-powered that lawful gun owners' Second Amendment rights are firearms that are trafficked from the United States to Mexico in guaranteed when they travel away from their home states. the course of a given year. But opponents say the bill tramples on each state's autonomy I’d like to see Mr. Horwitz look into the faces of Mr. and to set the standards legislators believe are necessary to confront Mrs. Terry—the parents of the U.S. Border Patrol Agent local problems. Foes also said that the law could allow violent murdered by drug thugs wielding weapons enabled by Operation offenders to hold on to their weapons. Fast and Furious—and say that he’s not sure how their son died. Testifying before Congress on Tuesday, Philadelphia Police That despite the hard physical evidence linking the Gunwalker- Commissioner Charles Ramsey told the story of Marqus Hill, a linked murder weapons to the crime, he reckons the ATF “may” man whose Pennsylvania gun permit was revoked after he was have contributed to their son’s death. charged with attempted murder. I’d like Horwitz to sit here, at this desk, with me, and click "Despite his record, he then used his Florida permit to carry a through the gruesome gallery of murdered Mexicans who spent loaded gun in Philadelphia," Ramsey said. "He eventually shot a their last moments on planet earth in abject terror, as Mexican teenager thirteen times in the chest killing him on the street." cartel members equipped with ATF-enabled weapons mutilated Gun rights advocates say the dire warnings about expanding their victims’ bodies. And then tell me the ATF’s two thousand the rights of law-abiding citizens are overblown. Wayne firearms were OK because they were just a “tiny percentage” of LaPierre, executive director of the National Rifle Association, the U.S. firearms bought by the bad guys. said the American public is more interested in self-defense than I’d like Horwitz to pause for a moment and consider the fact scare tactics. He's also predicting a win for what has been dubbed that the Mexican cartels use tens of thousands of firearms, and the National Right-to-Carry Reciprocity Act of 2011. grenades, and machine guns, that somehow “seeped” from "It cuts across Democrats, Republicans, liberals, official U.S. sales to the Calderon government, and the corrupt conservatives -- even President Obama's base is strongly in favor governments throughout Latin America. And then tell me that of this legislation," LaPierre said.. gun control within the United States is a better way to stop the Gun control groups like the Brady Campaign to Prevent Gun killing south of our border than reigning-in the Obama Violence have successfully defeated similar legislation in the administration’s military exports. past, and vow to stop this bill as well. They're aligning with a The truth is the first casualty of war. The only “truth” that number of elected officials and law enforcement organizations, Horwitz’ knows is that the gun-grabbing ATF is good and the who say this measure would make it even tougher for officers to gun rights-protecting NRA is bad. Any facts that don’t fit this determine which guns are on the streets legally or illegally. template must be spun into oblivion, lest they ruin the narrative. http://www.foxnews.com/politics/2011/09/13/house-weighs-bill- The NRA was not satisfied with the resignations of Melson to-make-gun-permits-valid-across-state-lines/#ixzz1YQ0r3HhS and Burke, however, and have their sights set on a bigger target — Attorney General Eric Holder. Despite the fact that there is no 11-09-13 ATF Death Watch 81: The Huffington Post Fights evidence indicating that Holder even knew about “Fast and Back Furious,” the NRA has called on him to resign immediately. Politics is a cesspool. Anyone who thinks elected officials As pithier pundits than I have pointed out, if Eric Holder and high-level government bureaucrats are interested in anything didn’t know about Operation Fast and Furious—a government- more than their own career protection and advancement just isn’t sponsored gun smuggling program that violated Mexican paying attention. If their lips are moving they’re paying lip national sovereignty and contributed to the death of at least two service to the beliefs and ideals that [let's face it supposedly] U.S. law enforcement officers (not forgetting ICE Agent Jaime underpin America. The legacy media is no better. They really are Zapata)—he should have. as profoundly biased as the profoundly biased right wing Reason enough to remove Holder from a postion of power. commentators say they are. The legacy media, I mean. I guess a But when you’re intentionally ignorant, ignorance is a bliss to be liberal arts education is a terrible thing to waste. But it’s their shared. Promoted in fact. And nothing is more ignorant, more reliance on moral relativism that really sticks in my craw. In morally repulsive and yet more effective at countering the truth other words, they believe two wrongs makes them right. To wit, than moral relativism. Page 114

NRA CEO Wayne LaPierre has done an impressive job of Exposito's tenure has been marked by criticism over the fatal feigning outrage in his condemnation of the operation, saying, police shootings of seven African-American suspects, which he “These guns are now, as a result of what [ATF] did, in the hands defended as part of a crackdown on high-crime neighborhoods. of evil people, and evil people are committing murders and But Exposito could not overcome political spats with Mayor crimes with these guns against innocent citizens.” In the Tomas Regalado over raids on video gaming parlors and clashes September issue of America’s 1st Freedom, he referred to “at with top Miami prosecutors over questionable cases. least 150 Mexican families grieving for loved ones lost because Ultimately, he was suspended last week for disobeying of the perfidy of agency ‘leaders’ wedded to a wacked-out- Martinez's orders not to take the personnel actions and for failing scheme.” to do enough to reduce overtime. The suspension led to The NRA’s sudden concern about the illegal trafficking of Monday's dismissal vote, which followed a 17-hour hearing guns to dangerous people couldn’t be more hypocritical. It turns Friday. out the NRA knows quite a bit about “wacked-out-schemes” that "The chief has to lead by example. This may have been the allow “evil people” to hurt “innocent citizens” in foreign last straw," said Al Millian, attorney for the city manager. "He's countries. willing to circumvent authority to get his way." Time, space and legal restrictions prevent me from repeating After the vote, Exposito expressed no bitterness and would Horwitz’s accusations concerning NRA Board Members Bob not speculate on his future. Brown, Grover Norquist, Oliver North and Roy Innis. Click here "I'm going to move forward with my life and my family, and to peruse the charges on Horwitz’s new website meetthenra.org. that comes first," he told reporters. For the sake of argument, let’s simply assume that all of the His attorney, Ruben Chavez, noted that crime is down during NRA’s board members are baby killers. Who cares? What Exposito's tenure and argued that the chief should not simply be possible difference does THAT make when it comes to the a puppet of city officials. federal government’s involvement in arming stone cold killers "You might as well put strings on this gentleman and make south of the border? If there’s a worse way to pretend to take the him do what you want," Chavez said. moral high ground, I can’t think of one. Not right now. Not after The city of Miami is the largest of numerous municipalities this . . . within Miami-Dade County, most of which have their own Does Wayne LaPierre have pity for the innocent lives lost to separate police forces and jurisdiction. The county itself has the these evil people in Africa and South America? Or is LaPierre’s largest police department and sometimes overlaps with the other outrage reserved only for political and fundraising campaigns agencies. designed to discredit the agency that enforces America’s gun Although Monday's hearing concerned other matters, hanging laws? If LaPierre is serious about stemming the flow of weapons over the proceeding were the shootings by police of six men and to criminals around the world, he had better clean his own house one 16-year-old boy between July 2010 and February of this first — as opposed to worrying about Eric Holder or anyone else year. They occurred after with Exposito doubled the number of at the Justice Department, whose misdeeds pale in comparison to officers, now over 100, in specialized tactical units targeting those of his own board members. violent crime in poorer neighborhoods long plagued by drugs and Don’t get me wrong: I’m a cynical bastard. I understand that gangs. He previously said the units have made hundreds of the NRA is just as agenda-driven as Horwitz and the jack-booted arrests and taken some 1,000 firearms off the streets. thugs the columnist defends with his reprehensible rhetoric. I Commissioner Michelle Spence-Jones, who represents the know that all powerful men have skeletons in their closet. impoverished area known as Liberty City, said many people in But I believe that ours is a nation founded on the rule of law, her district supported removing Exposito by whatever means with a simple operational principle: no man is above the law. I necessary. But she said she voted for his firing only because of hope and pray that Congress and the court system uncovers and his refusal to follow orders. punishes the transgressions committed by our government in our "It's about doing whatever is right no matter what," she said. name. Without fear or favor. Most of the commissioners said they did not find that http://thetruthaboutguns.com/2011/09/robert-farago/atf-death- Exposito had ignored orders regarding reductions in officer watch-81-the-huffington-post-fights-back/ overtime but a majority concluded he was insubordinate in taking the personnel actions. At one point, Millian even compared the 11-09-12 Miami police chief fired over disobeying orders situation to President Harry S. Truman's decision to relieve Gen. The Miami police chief who in two stormy years on the job Douglas MacArthur of command during the Korean War. clashed with the mayor, prosecutors and city manager was fired "The city manager is the superior officer to the chief," Millian Monday after officials determined he disobeyed orders about said. "He had two choices: obey, or resign. That is professional personnel moves within the department. integrity." The city commission voted 3-2 to oust Miguel Exposito, who Regalado, who backed Exposito as chief after his 2009 had been with the department since 1974 and chief since election as mayor, said the lengthy dispute has been painful for November 2009. A majority agreed that Exposito ignored direct Miami but agreed that the firing was necessary. orders from the city manager, Johnny Martinez, not to demote or "The authority of the city manager over the heads of take other personnel actions against three top executives at the departments should be clear and unquestionable," Regalado said 1,100-officer force. in a statement, adding that he plans to introduce a new process "I have nothing against the chief," said Commissioner Francis for dismissing top department heads. Suarez, who voted for the ouster. "This is simply, for me, a "Today, we turn the page and leave this ordeal behind us," the decision about upholding the character of the city of Miami." mayor added. Page 115

The search for a new Miami police chief will begin and legs. Agent Brian Terry — 40, single, a former Marine — immediately. Exposito took over for John Timoney, a high- also went down. "I'm hit!" he cried. profile police executive who had previously served as chief in A fellow agent cradled his friend. "I can't feel my legs," Terry Philadelphia and the No. 2 slot in the New York Police said. "I think I'm paralyzed." A bullet had pierced his aorta. Tall Department. But he resigned shortly after Regalado's election. and nearly 240 pounds, Terry was too heavy to carry. They http://northernstar.info/from_ap/nation_world/article_1e8ae812- radioed for a helicopter. But Terry was bleeding badly, and he 3cd4-5ff3-925c-76aa020a8944.html died in his colleague's arms. The bandits left Osorio-Arellanes behind and escaped across 11-09-11 Retired policeman barred from bringing gun to the desert, tossing away two AK-47 semiautomatics from WTC Howard's store. NEW YORK — A retired police captain who lost his nephew Some 2,000 firearms from the Lone Wolf Trading Company at the World Trade Center says he's "angry" because he wasn't store and others in southern Arizona were illegally sold under an allowed to bring a registered firearm to the ceremony. ATF program called Fast and Furious that allowed "straw Anthony Ottomano says he thought authorities would be purchasers" to walk away with the weapons and turn them over "grateful for extra help" with security. But his gun was barred. to criminal traffickers. But the agency's plan to trace the guns to So a friend took it somewhere else. the cartels never worked. As the case of the two Lone Wolf AK- Ottomano says he volunteered at ground zero after the attack. 47s tragically illustrates, the ATF, with a limited force of agents, He says he comes back every year, and thinks the site is now did not keep track of them. "beautiful." The Department of Justice in Washington said last week that He says he was moved to tears when he found the name of one other Fast and Furious firearm turned up at a violent crime his nephew, Michael Stabile. scene in this country. They have yet to provide any more details. Says Ottomano: "I felt like I had a real connection." They said another 28 Fast and Furious weapons were recovered http://online.wsj.com/article/APfff8c41329e2470caef3cbb74146 at violent crimes in Mexico. They have not identified those cases 6102.html?KEYWORDS=firearm either. The Mexican government maintains that an undisclosed number of Fast and Furious weapons have been found at some 11-09-11 Gun store owner had misgivings about ATF sting 170 crime scenes in their country. When federal agents with Operation Fast and Furious told *** Andre Howard to sell weapons to illegal purchasers, he Howard said he does not own a gun, does not hunt, and does complied, but he feared someone would get hurt. Then a border not belong to the National Rifle Assn. His love is helicopters — agent was shot. a former Army pilot, he gives flying lessons. He said he fell into Reporting from Glendale and Rio Rico, Ariz.— the gun-dealing business 21 years ago only to help support his In the fall of 2009, ATF agents installed a secret phone line career as a flight instructor. Howard spoke to a reporter for the and hidden cameras in a ceiling panel and wall at Andre first time in depth about why he cooperated with the federal Howard's Lone Wolf gun store. They gave him one basic Bureau of Alcohol, Tobacco, Firearms and Explosives. instruction: Sell guns to every illegal purchaser who walks He said he supported law enforcement, and never imagined a through the door. thousand weapons, or half of the entire Fast and Furious For 15 months, Howard did as he was told. To customers inventory, would "walk" out of his store. And when arrests were with phony IDs or wads of cash he normally would have turned not forthcoming, "every passing week I was more stunned," he away, he sold pistols, rifles and semiautomatics. He was assured said. by the ATF that they would follow the guns, and that the According to a confidential memo written by assistant federal surveillance would lead the agents to the violent Mexican drug prosecutor Emory Hurley, "Mr. Howard had expressed concerns cartels on the Southwest border. about the cooperation he was providing and whether he was When Howard heard nothing about any arrests, he questioned endangering himself or implicating himself in a criminal the agents. Keep selling, they told him. So hundreds of thousands investigation." of dollars more in weapons, including .50-caliber sniper rifles, Other firearms dealers shared his concerns. At the nearby walked out of the front door of his store in a Glendale, Ariz., Scottsdale Gun Club, the proprietor sent an email to Agent David strip mall. Voth. "I want to help ATF," he said, "but not at the risk of agents' He was making a lot of money. But he also feared somebody safety because I have some very close friends that are U.S. was going to get hurt. Border Patrol agents in southern AZ." "Every passing week, I worried about something like that," he Howard recalled that a chubby, bald and "very confident" man said. "I felt horrible and sick." named Jaime Avila walked into the store on Jan. 16, 2010, and Late in the night on Dec. 14, in a canyon west of Rio Rico, Ariz., bought the AK-47s. Under the Fast and Furious protocol, agents Border Patrol agents came across Mexican bandits preying on were supposed to use the video cameras, surveillance, informants illegal immigrants. and law enforcement intelligence to follow the weapons and According to a Border Patrol "Shooting Incident" report, the hope they led them to the drug cartels. agents fired two rounds of bean bags from a shotgun. The But no agents were watching on the hidden cameras or Mexicans returned fire. One agent fired from his sidearm, waiting outside to track the firearms when Avila showed up. another with his M-4 rifle. Howard faxed a copy of the sale paperwork to the ATF "after the One of the alleged bandits, Manuel Osorio-Arellanes, a 33- firearms were gone," assuming they would catch up later. They year-old Mexican from Sinaloa, was wounded in the abdomen never did. Page 116

Between November 2009 and June 2010, according to an touting the charges whether the ATF allowed guns to "walk," ATF agent's email to William Newell, then the special agent-in- Newell, the ATF field supervisor, responded, "Hell no!" charge in Phoenix, Avila walked away with 52 firearms after he His denial and the agent's death provoked a small group of "paid approximately $48,000 cash. The firearms consisted of FN ATF whistle-blowers. They contacted Congress, and 5.7 pistols, 1 Barrett 50 BMG rifle, AK-47 variant rifles, Ruger investigators asked the agency whether Terry was shot by Fast 9mm handguns, Colt 38 supers, etc.…" and Furious weapons. Sometime in spring or early summer 2010 — the exact date is The ATF replied that neither semiautomatic fired the fatal bullet. unknown — U.S. immigration officers reportedly stopped Avila In truth, an FBI ballistics report could not determine whether one at the Arizona border with the two semiautomatics and 30 other of the semiautomatics or a third weapon killed Terry. weapons. According to two sources close to a congressional Avila pleaded not guilty to the firearms charges, was released investigation into Fast and Furious, the authorities checked with on bail and has yet to stand trial. Osorio-Arellanes was charged the ATF and were told to release him with the weapons because in the Terry slaying in May. No other suspects in the slaying the ATF was still hoping to track the guns to cartel members. have been arrested. In Washington, ATF officials declined to comment. In In Glendale, after two decades in business, Howard is Congress, Rep. Darrell Issa (R-Vista), chairman of the House thinking about closing his Lone Wolf gun store. He also has investigating committee, and Sen. Charles E. Grassley, the top second thoughts about helping law enforcement. Republican on the Senate Judiciary Committee, asked the Justice "Was I betrayed?" he said. "Absolutely yes." Department why Avila was not jailed and the guns seized. They http://www.latimes.com/news/nationworld/nation/la-na-atf-guns- have yet to receive an answer. 20110912,0,7611438.story?page=2&track=rss%2F The two semi-automatics would turn up again, this time at the scene of the Terry shooting. According to sources, they were 11-09-09 EXCLUSIVE: Third Gun Linked to 'Fast and hidden in backpacks and stashed in the desert, ready for Mexican Furious' Identified at Border Agent's Murder Scene bandits. A third gun linked to "Operation Fast and Furious" was found *** at the murder scene of Border Patrol Agent Brian Terry, new When weapons were recovered at the scene of the agent's documents obtained exclusively by Fox News suggest, slaying, ATF officials in Phoenix scrambled. "All these ATF contradicting earlier assertions by federal agencies that police guys were showing up," one law enforcement official recalled. found only two weapons tied to the federal government's now "We were trying to catch suspects and rope up the crime scene, infamous gun interdiction scandal. and all the ATF guys were saying they needed the serial Sources say emails support their contention that the FBI numbers! They needed the serial numbers!" concealed evidence to protect a confidential informant. Sources Newell wanted an immediate trace on the semiautomatics, close to the Terry case say the FBI informant works inside a and that afternoon ATF agents showed up at the Lone Wolf store. major Mexican cartel and provided the money to obtain the Howard had heard of Terry's death. "I was scared to death," he weapons used to kill Terry. said. They asked for his paperwork and matched the serial Unlike the two AK-style assault weapons found at the scene, numbers. "Both of them were in shock, too," he said. "You could the third weapon could more easily be linked to the informant. tell they were sick." To prevent that from happening, sources say, the third gun A little before 8 that night, the Phoenix ATF field office sent "disappeared." out an agency-wide bulletin: The suspect guns were Fast and In addition to the emails obtained by Fox News, an audio Furious weapons. In Washington the next morning, then-ATF recording from a Bureau of Alcohol, Tobacco, Firearms and Acting Director Kenneth E. Melson prepared to notify the Border Explosives agent investigating the Terry case seems to confirm Patrol. the existence of a third weapon. In that conversation, the agent Avila was arrested, and initially held just for using a bad refers to an "SKS assault rifle out of Texas" found at the Terry address on the purchase form. "This way," Voth emailed the ATF murder scene south of Tucson. field office, "we do not divulge our current case [Fast and The FBI refused to answer a detailed set of questions Furious] or the Border Patrol shooting case." submitted to officials by Fox News. Instead, agency spokesman In a subsequent report for Fast and Furious classified "Law Paul Bresson said, "The Brian Terry investigation is still ongoing Enforcement Sensitive," agents said Avila was buying for a so I cannot comment." Bresson referred Fox News to court Phoenix-based gun trafficking group that hid the weapons in records that only identify the two possible murder weapons. vehicle compartments and drove them over the border from However, in the hours after Terry was killed on Dec. 14, Arizona and Texas. The trafficking group used cash from drug 2010, several emails written to top ATF officials suggest sales to buy the weapons. The AK-47 was their weapon of otherwise. choice, bought after cocaine and methamphetamines warehoused In one, an intelligence analyst writes that by 7:45 p.m. -- in Baja California were shipped north and sold in this country. about 21 hours after the shooting -- she had successfully traced Other Avila weapons from Howard's store wound up at a two weapons at the scene, and is now "researching the trace Glendale home and a Phoenix automotive business, both "firearm status of firearms recovered earlier today by the FBI." drop locations," according to the ATF report. Still more were In another email, deputy ATF-Phoenix director George recovered in Sonora, Mexico, not far from Rio Rico. Gillett asks: "Are those two (AK-47s) in addition to the gun In January, Avila and 19 others were charged in the straw already recovered this morning?" purchasing. It was the one and only indictment to come out of 15 The two AK-type assault rifles were purchased by Jaime months of Fast and Furious. Asked at the press conference Avila from the Lone Wolf Trading Co. outside of Phoenix on Jan. 16, 2010. Avila was recruited by his roommate Uriel Patino. Page 117

Patino, according to sources, received $70,000 in "seed money" ambiguous death is ruled a suicide; coroners who aren’t insulated from the FBI informant late in 2009 to buy guns for the cartel. from public opinion may shape their findings accordingly, According to a memo from Assistant U.S. Attorney Emory whether consciously or not. Hurley, who oversaw the operation, Avila began purchasing The researchers looked at death statistics in 2,788 counties, firearms in November 2009, shortly after Patino, who ultimately nationwide, from 1999 to 2002, as well as Census data from purchased more than 600 guns and became the largest buyer of 2000. (Texas and Minnesota were excluded because their guns in Operation Fast and Furious. methods of determining cause of death are idiosyncratic.) The Months ago, congressional investigators developed authors also controlled for such factors as unemployment, region, information that both the FBI and DEA not only knew about the gun ownership, religion, and race. failed gun operation, but that they may be complicit in it. House Elected non-physician coroners reported 11% fewer suicides, Government Reform and Oversight Committee Chairman Darrell among women, than medical examiners (who are always Issa, R-Calif., and Sen. Charles Grassley, R-Iowa, fired off appointed and who tend to be MDs), and they reported 6% fewer letters in July requesting specific details from FBI director suicides among men than medical examiners. Medical examiners Robert Mueller and Drug Enforcement Administration chief tend to have more medical training than coroners, but the Michele Leonhart. relevant distinction appeared not to be training but the status of "In recent weeks, we have learned of the possible the office (elected or appointed), the authors said. (Elected involvement of paid FBI informants in Operation Fast and physician coroners, for example, reported even fewer suicides Furious," Issa and Grassley wrote to Mueller. "Specifically, at than elected non-physician coroners.) least one individual who is allegedly an FBI informant might Looking at the death statistics overall, the researchers suspect have been in communication with, and was perhaps even that, for men, some suicides are getting classified as car accidents conspiring with, at least one suspect whom ATF was or firearm accidents. For women, they suspect the suicides are monitoring." lurking in the categories of car accidents and illness. Sources say the FBI is using the informants in a national The national trend is toward appointing death investigators, security investigation. The men were allegedly debriefed by the which should lead to more accurate statistics in the long run, the FBI at a safe house in New Mexico last year. authors said. Sources say the informants previously worked for the DEA While the findings were statistically significant, they weren’t and U.S. Marshall's Office but their contracts were terminated large enough to swamp, and therefore invalidate, other statistical because the men were "stone-cold killers." The FBI however observations about suicide, the authors said: Gun ownership, stopped their scheduled deportation because their high ranks living in the Mountain states, lacking a job, being unmarried, and within the cartel were useful. being white all are factors that carry a higher suicide risk. In their July letter, Issa and Grassley asked Mueller if any of Source: “The Role of Medico-Legal Systems in Producing those informants were ever deported by the DEA or any other Geographic Variation in Suicide Rates,” Joshua Klugman, law enforcement entity and how they were repatriated. Gretchen A. Condran, and Matt Wray, presented at the American Asked about the content of the emails, a former federal Sociological Association conference (August prosecutor who viewed them expressed shock. http://blogs.wsj.com/ideas-market/2011/09/08/the-subtle-politics- "I have never seen anything like this. I can see the FBI may of-suicide-rates/?KEYWORDS=firearm have an informant involved but I can't see them tampering with evidence. If this is all accurate, I'm stunned," the former Elderly Mass Korean Vet shoots pair in Revere prosecutor said. REVERE - A prosecutor and police said an 82-year-old “This information confirms what our sources were saying all Korean War veteran shot and wounded two people who tried to along -- that the FBI was covering up the true circumstances of break into his home early Wednesday morning and threw a rock the murder of Brian Terry," added Mike Vanderboegh, an through one of his front windows. authority on the Fast and Furious investigation who runs a Judge James Wexler released Charles Dicino of 8 Calumet St. whistleblower website called Sipsey Street. on personal recognizance after Dicino pleaded innocent in "It also confirms that the FBI was at least as culpable, and Chelsea District Court to two counts of armed assault with intent perhaps more culpable, than the ATF in the (Fast and Furious) to murder, two counts of assault and battery with a dangerous scandal, and that there was some guiding hand above both these weapon and discharging a firearm within 500 feet of a building. agencies (and the other agencies involved) coordinating the But Dicino’s attorney, John Haggerty, said the Revere larger operation," Vanderboegh said. resident was only defending himself. Asked about the new evidence, Terry family attorney Pat “This is the victim here, an 82-year-old man with no criminal McGroder said, "The family wants answers. They'd like to put record. He defended life and property,” Dicino’s attorney, John this to rest and put closure to exactly what happened to Brian." Haggerty, told Wexler. http://www.foxnews.com/politics/2011/09/09/exclusive-third- But the mother of one of the two people shot by Dicino said gun-linked-to-fast-and-furious-identified-at-border- her son, Joseph Ross, knew Dicino. agents/#ixzz1XrvDhF7D “He watches ball games with him. I’m sure Charlie didn’t know it was Joey,” said Janice Ross. 11-09-08 The Subtle Politics of Suicide Rates In a report filed in court by Revere Police Officer Leo Elected coroners identify fewer suicides in their counties than MacAskill, Dicino said Evelyn O’Neil and Ross tried to break in their appointed counterparts, a new study finds—possible to his home but ran away from the house after he called police. evidence of the stigma attached to self-killing, according to the At 1:35 a.m., the pair returned and Dicino said O’Neil threw authors. For example, relatives can lose insurance money if an a rock through the bay window next to his front door. Page 118

Suffolk Assistant District Attorney Nicholas Brandt stated in force behind Republican lawmakers' forceful inquiries into the court that Dicino told police, “‘I screwed up and shot them.’ matter. Ross said her son is in stable condition at Massachusetts California congressman reacts to new developments in ATF General Hospital. Brandt, referring in court to police reports, said scandal Ross ran into the 7-11 store two blocks from Calumet with a "The notion that somehow or other this thing reaches into the gunshot wound to the chest. upper levels of the Justice Department is something that. ... I Brandt described Ross’ bullet wound and a gunshot to the leg don't think is supported by the facts," Holder told reporters at an sustained by O’Neil as non life-threatening. Police confiscated a unrelated press conference in Washington. "It's kind of .22-caliber bolt-action rifle from Dicino’s home. something I think certain members of Congress would like to Dicino, in a police report filed in District Court, told see, the notion that somehow or other high-level people in the detectives he fired the rifle twice. According to the report, he department were involved. As I said, I don't think that is going to fired at the pair from a second-floor window. be shown to be the case -- which doesn't mean that the mistakes “He explained that he was in fear,” the report stated. were not serious." MacAskill’s report describes O’Neil, 45, and Ross, 46, as A spokeswoman for the Republican leading a congressional homeless. investigation described Holder's comments as baseless Dicino’s small yellow home is bordered by a while picket "whining," and earlier Wednesday the House Republican himself fence and is located at the end of Calumet, a dead end street of said the issue is about more than who knew what, when. North Shore Road, next to a thickly-grown section of marsh "Whenever you talk about human mistakes, you have to say, grass. 'What was in the system that allowed that human mistake to go Calumet resident Luis Torres said people hang out in the marsh on and perpetuate itself?'" Rep. Darrell Issa, R-Calif., chairman area and drink there. of the House Oversight Committee, said on Fox News Channel. MacAskill’s report states that O’Neil and Ross “frequent” the At issue is an Arizona operation launched in late 2009 by the marshy area but, as of Wednesday, no charges had been filed Bureau of Alcohol, Tobacco, Firearms and Explosives, which against the pair. planned to follow gun purchasers in hopes that suspects would Dicino appeared in court in a green-and-yellow pullover and lead investigators to the heads of Mexican cartels. But hundreds had difficulty hearing court proceedings several times. He is due of high-powered rifles and other guns ended up in Mexico, and back in court on Oct. 20 and Brandt said prosecutors are treating many now accuse ATF and the Justice Department of letting the the charges filed against Dicino seriously. guns "walk" even after safety concerns were raised. “We don’t live in a place where you can just fire from a Weapons linked to the program were used in a December window. It is fortunate no one died,” Brandt said. attack along the Southwest Border that killed U.S. Border Patrol Dicino declined to comment on his way out of court. Agent Brian Terry. Months later, Issa launched his committee's http://itemlive.com/articles/2011/09/08/news/news01.txt investigation, as the Justice Department's inspector general also opened an inquiry, at Holder's direction. 11-09-07 Tests: NY shootout suspect didn't kill bystander "Our committee is the Government [Oversight and] Reform There also was a .380-caliber bullet found in the door frame Committee," Issa said Wednesday. "We are about making sure where Gay was shot. It hasn't been matched with any gun, that there is a system to prevent this in the future. When we have Browne said. assurances that system is in place then our job is done." The shooting capped a recent spike in gun violence, which But Holder seemed to question whether that is all Issa and has alarmed Mayor Michael Bloomberg even though shootings in other Republican critics are after. the city are down overall this year compared with last year. There "My hope would be that Congress will conduct an were 52 shootings for a four-day period starting Friday, including investigation that is factually based and not marred with three along the parade route Monday afternoon, police said. politics," Holder said. Bloomberg has blamed illegal handguns for the violence and Holder has said repeatedly he was not aware of the operation has said Washington, D.C., officials must do more to stop the as it was unfolding, and others have said no one at the Justice sale of them. Department in Washington was informed of it, but Issa insists Webster was hospitalized in critical condition Wednesday Holder at least "should have known." and couldn't be reached for comment. There was no phone "I believe it was his obligation to know, " Issa told Fox News number associated with his address. in June. "The fact that there was a 'Don't Ask, Don't Tell' policy http://online.wsj.com/article/AP19957789be7e41629de28f27ea0 in Eric Holder's office is to say really he wasn't doing his job." c6b79.html?KEYWORDS=firearm Holder, however, noted he leads a massive department with all sorts of functions and obligations 11-09-07 Holder Denies Prior Knowledge of 'Fast and "There are an awful lot of things that go on in the Justice Furious' Department," he said. "There's Operation Fast and Furious, [and] The head of the U.S. Justice Department launched his I'm sure there's Operation 'Fill In The Blank' going on right now strongest personal defense yet in the growing furor over that the people here in the department are not aware of." Operation Fast and Furious, the controversial sting targeting Holder said he, as head of the department, has tried to "place Mexican drug cartels and American gunrunners. in the field the responsibility and the discretion for enforcement On Wednesday, Attorney General Eric Holder said for the activities," while setting "broad parameters here in the first time that not only he but also other higher-ups at the Justice department" that he expects to be followed outside of Department were not aware of the operation as it was being Washington. carried out. Holder also suggested politics could be a driving Page 119

Holder has repeatedly denounced the tactics used in attacker, Eduardo Sencion, was Mexican-born (with an American Operation Fast and Furious, calling the operation Wednesday a passport) with no criminal record. "flawed enforcement effort." There’s no firm evidence establishing linking Sencion with Recently, the man who headed ATF in the midst of it, Ken the ATF. The fact that anyone would even think of that Melson, was reassigned, and U.S. attorney Dennis Burke, who possibility reveals the corrosive effect of the ATF on the public’s oversaw the prosecution of cases coming out of the operation, respect for the federal government and the primacy of the rule of abruptly resigned. law. It’s yet another reason to deep-six the ATF—after we find Nevertheless, at least three men have been charged in out what they’ve been doing with our tax money connection with the murder of agent Terry, though only one is in http://thetruthaboutguns.com/2011/09/robert-farago/atf-death- U.S. custody. And the Justice Department recently informed watch-75-atf-enabled-indiana-guns-went-to-chicago-gangs/ lawmakers that cases coming out of Operation Fast and Furious will now be led by prosecutors from outside Arizona. 11-09-06 Bloomberg blames guns for violence after parade http://www.foxnews.com/politics/2011/09/07/holder-denies- NEW YORK (AP) — Mayor Michael Bloomberg on prior-knowledge-fast-and-furious/#ixzz1XqoWIGd7 Tuesday blamed illegal handguns for a shooting that killed three people and wounded two police officers a few blocks from the 11-09-07 ATF Death Watch 75: ATF-Enabled Indiana route of the annual West Indian Day Parade in Brooklyn, saying Guns Went to Chicago Gangs federal officials have not had the "courage" to take steps to I just got off the blower with Brent R. Weil [above] 0f control gun use. Kightlinger and Gray, LLP. The Evansville, Indiana lawyer Bullet fragments hit one police officer in the left arm and represents the [as yet unnamed] gun store that sold firearms to chest Monday night. He was hospitalized but was expected to ATF-enabled straw purchasers. “The ATF told my client to let survive. Another officer was grazed by a bullet. Two shooters the sales go through,” Mr. Weil told TTAG. “He later told me were killed along with a bystander, 56-year-old Denise Gay, who that the guns went to Chicago gangs.” In one case, a straw was shot while sitting on a stoop with her daughter nearby just purchaser failed to pass the FBI’s NICS [National Instant Check two doors down from the exchange of gunfire. System] background check . . . Bloomberg said Gay's death was "a senseless murder, and The dealer called an ATF agent in the parking lot; the agent another painful reminder I think of what happens when elected told the dealer to let the sale go through. The ATF arrested the officials in Washington fail to take the problem of illegal guns so-called straw purchaser after he walked out the door. In every seriously." other instance, however, the ATF did not apprehend the buyers Police Commissioner Raymond Kelly said the gunman who immediately after purchase. killed Gay had an extensive criminal history, including criminal In one case, a buyer and his associate left the store and possession of a firearm and assault and drug charges. smashed their vehicle into a police car on their way out. "This is a national problem requiring national leadership," (Seriously.) The driver was charged with the traffic incident, but Bloomberg said, "but at the moment neither end of Pennsylvania allowed to keep the guns and proceed. Whether or not the ATF Avenue has had the courage to take basic steps that would save kept tabs on the guns after that, or if guns were used in lives." subsequent crimes, is unknown. The gunshots rang out just after 9 p.m. Monday in Brooklyn's Mr. Weil also threw some cold water on the theory that Crown Heights neighborhood after the hours-long parade, which Mexican cartel members in Indiana purchased the guns with the also was marred by fatal shootings in 2003 and 2005. Post- ATF’s blessing as part of an anti-Los Zetas quid pro quo. “The parade parties are common, but police wouldn't say if Monday's buyers were black and caucasian,” Weil said. Also, the gun store fatal shooting was related to the parade. in question initiated the contact with the ATF. The shootings started as an exchange between two armed The new information doesn’t rule out the possibility that the men, and when officers who had been assigned to parade duties Indiana gun store “sting” involved criminals affiliated with the arrived at the scene, they were fired upon and returned fire, Sinaloa or La Familia cartels (whom the ATF armed during police said. Operation Fast and Furious). But that possibility seems a whole Witnesses said the shooting went on for at least 30 seconds. lot less likely Thomas Kaminsky, who lives near where the shootings occurred, Nonetheless, the Indiana intel reveals that the ATF was said it sounded like machine-gun fire outside his building. allowing known criminals to purchase firearms. The crucial Earlier Monday, as revelers filled the streets in colorful question: did they lose track of the guns accidentally on purpose, costumes during the parade, gun violence brought the festivities as they did during Operation Fast and Furious? to a stop in spots, scattering the panicked crowd. Police said four And if the guns purchased in Evansville ended up in The people were shot and wounded along the parade route and a 15- Windy City, the ATF’s heir apparent—Chi-town Bureau Chief year-old boy was grazed by a bullet nearby. Andrew Traver—must have known about the policy. What did A City Council member was briefly detained after getting Andy know and when did he know it? into a confrontation with police after the parade. As Ralph points out below, we’re still left wondering about On Tuesday, residents said the area of Crown Heights where the scope, scale and final destination of all ATF-enabled the woman was fatally shot on her stoop is normally safe. firearms. How many vicious thugs bought firearms with the "This is a good neighborhood; this is not normal here," said ATF’s help? How many of those were recovered and/or Dennis McGreevy, 44, who said he heard about the violence recovered from crime scenes? while he was at a nearby bar Monday. Meanwhile, rumors are swirling that the Carson City killer The neighborhood of mostly three- or four-story brick and used an ATF-enabled AK-47 during his murderous rampage. The limestone buildings is a few blocks from the parade route in a Page 120

rapidly changing area of Crown Heights that boasts organic Schmaler did not say specifically why the greande-smuggling grocery stores and hip coffee shops along with West Indian case was being investigated, but the Wall Street Journal reported businesses. that Kingery had been detained in Arizona in June 2010 and then The holiday weekend was particularly violent and included a released, purportedly because officials wanted to use him as an Sunday shooting in the Bronx in which eight people, including informant or in a sting operation. children, were wounded. Four other people were shot, one The ATF refused to confirm that report. ATF spokesman fatally, in the East Flatbush section of Brooklyn early Monday. Drew Wade said "we can't confirm or deny the existence of an The upcoming 10th anniversary of the Sept. 11 terror attacks ongoing criminal investigation." and holiday weekend violence had put the city "on heightened Mexico's Attorney General's Office said Kingery had been alert," Kelly said before the parade stepped off. the subject of "a bilateral investigation" between Mexico, the Police helicopters hovered overhead during the parade, and U.S. government and the ATF. officers on scooters and on foot patrolled the surrounding blocks. The office said Kingery, 40, allegedly bought weapons parts Bloomberg held a news conference early Tuesday morning at and grenade casings in U.S. stores and even over the Internet, Brooklyn's Brookdale University Hospital where Officer Omar and smuggled them into Mexico through the border city of Medina, 36, was in stable condition and being treated for Mexicali. shrapnel wounds to his left arm, chest and calf, according to an The office said Kingery was arrested late last week in the NYPD spokeswoman. Pacific Coast city of Mazatlan, in Sinaloa state, in a raid on a Officer Avichaim Dicken, whose arm was grazed, was at house where five guns were found. He is being held under a form New York Methodist Hospital, also in stable condition, of house arrest. according to the department. Police also raided five other homes, and found what appeared Bloomberg said he and Kelly had been discussing the to have been facilities for assembling grenades, including problem of illegal guns on Monday morning and how there is an gunpowder and grenade triggers, pins and caps. urgent need for federal action. In April, two men were arrested with 192 grenade casings in He said New York City has had four of its safest years Baja California, the state where Mexicali is located. They told "because we have taken unprecedented steps to stem the flow of police they were part of the grenade smuggling ring, and that led illegal guns onto our streets. But we cannot do it alone." to the detention of another American man, who led police to Before the violence Monday, the parade thundered down a Kingery, prosecutors said. Brooklyn thoroughfare with its usual colorful, musical energy. The U.S. Embassy in Mexico City would not confirm the The annual Labor Day parade celebrates the culture of the man's name, hometown or nationality, citing privacy concerns. Caribbean islands and is one of the city's largest outdoors events. Mexican drug cartels have frequently used hand grenades in Modeled on traditional Carnival festivities, it features dancers battles with police and soldiers, and occasionally against wearing enormous feathered costumes, music and plenty of food. civilians. http://www.myconsolidated.net/news/read.php?id=18619805&ps A cartel-related grenade attack in the western city of Morelia =1011&cat=&cps=0&lang=en&src=email killed eight people during the 2008 independence celebrations, when suspects tossed grenades into the city's crowded main 11-09-06 Mexico says US man smuggled grenade parts square. Police have arrested a U.S. man for smuggling American On Aug. 14, gunmen tossed a grenade onto a busy tourist grenade parts into Mexico for use by the Sinaloa cartel, and a boulevard in the Gulf Coast city of Veracruz, killing a man and U.S. official said the case has now been included in seriously wounding his wife and their two young children. investigations into flawed law enforcement operations aimed at http://northernstar.info/from_ap/nation_world/article_ac2d90bc- gun-trafficking networks on the Mexican border. cc20-5f4b-8b55-d3472f265879.html The arrest of a man who Mexican police identified as Jean Baptiste Kingery has provided details on a network that allegedly 11-09-06 Pennsylvania College Student With License to supplied hundreds of hand grenades to Mexico's powerful Carry Firearm Exchanges Gunfire With Alleged Robber Sinaloa cartel. Such grenades have been blamed in the injuries or A Philadelphia college student with a permit to carry a deaths of dozens of civilians in Mexico, where grenades have firearm off-campus exchanged gunfire Monday with a teen been tossed into public squares, streets, bars and nightclubs. accused of trying to rob him. A U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives Authorities say 21-year-old Temple University student operation, known as Fast and Furious, was designed to track Robert Eells had a license to carry the weapon and will not face small-time gun buyers at several Phoenix-area gun shops up the any charges in the incident, MyFoxPhilly.com reports. chain to make cases against major weapons traffickers. But a Police have charged the 15-year-old suspect, but say they are congressional investigation says ATF agents of lost track of still determining just what happened in the double-shooting north about 1,400 of the more than 2,000 guns whose purchase they of the city campus. had watched. The suspect allegedly tried to rob Eels in front of his off- In Washington D.C., Justice Department spokeswoman Tracy campus house in an early-morning encounter Monday. When Schmaler said the department's inspector general has expanded Eels refused to give the teen money, the suspect started shooting, that investigation to include the Kingery case. authorities said. Eels, who was shot in the stomach, fired back, "The department is aware of concerns raised" about the hitting the teen in the chest and leg, the Philadelphia Daily News Kingery case "and has been looking into it," said Schmaler. "We reports. have notified Congress about this operation and offered to brief School officials say Eells, of Doylestown, Pa., is recovering them on it." at Temple University Hospital. Page 121

Authorities say the teen is in custody at the hospital. September 6, 2011 Officers, meanwhile, are looking for two alleged accomplices Byline: Lori Jane Gliha to the botched robbery. Students are not allowed to carry firearms on the campus of 6. ATF Gunwalker case to be transferred out of Temple University, a school spokesman told the newspaper. Arizona http://www.foxnews.com/us/2011/09/06/pa-college-student-with- CBS News gun-permit-exchanges-fire-with-alleged-robber/#ixzz1XryiOdh4 http://www.cbsnews.com/8301-31727_162- 20102192-10391695.html 1. Statement On The Transfer Of Operation September 6, 2011 Fast And Furious Cases Out Of Arizona Byline: Sharyl Attkisson U.S. House of Representatives 7. Mexico arrests US man of smuggling grenade http://issa.house.gov/index.php?option=com_content parts for Sinaloa cartel &view=article&id=903:issa-statement-on-the- Associated Press transfer-of-operation-fast-and-furious-cases-out-of- http://news.officialwire.com/main.php?action=posted arizona&catid=63:2011-press-releases&Itemid=4 _news&rid=33364 September 6, 2011 September 7, 2011 Byline: Rep. Darrell Issa (R-CA) Byline: Amanda Lee Myers 2. Comments on the Justice Department Moving 8. 'Grenade case' explodes and leaves many Fast and Furious Cases out of the U.S. Attorney's questions Office in Phoenix The Examiner U.S. Senate http://www.examiner.com/gun-rights-in- http://grassley.senate.gov/news/Article.cfm?customel seattle/grenade-case-explodes-and-leaves-many- _dataPageID_1502=36786 questions September 6, 2011 September 6, 2011 Byline: Sen. Charles Grassley (R-IA) Byline: Dave Workman 3. Prosecutors stripped of cases after ATF head 9. American citizen in Mexican custody on reassigned arms-trafficking allegation USA Today CNN News Wire http://www.usatoday.com/news/nation/story/2011-09- http://www.cnn.com/2011/CRIME/09/06/mexico.u.s.. 06/Prosecutors-stripped-of-cases-after-ATF-head- citizen.detained/index.html reassigned/50288488/1 September 6, 2011 September 7, 2011 Byline: Rafael Romo Byline: Kevin Johnson 10. Mexico Confirms Arrest of Suspected 4. New federal prosecutors for cases from Grenade Smuggler flawed arms trafficking operation Wall Street Journal Associated Press http://online.wsj.com/article/SB100014240531119049 http://www.timesunion.com/news/article/Amid- 00904576554591473396006.html controversy-new-prosecutors-in-Arizona-cases- September 6, 2011 2157999.php Byline: Keith Johnson September 7, 2011 11. Deep web link available from Monday's posting Byline: Pete Yost GOP senators blocking nominees to lead ATF 5. DOJ retracts claim ATF knew of 11 firearms Chicago Tribune, September 5, 2011 linked to violent US crimes Byline: David G. Savage in L.A. Times 9/7/2011 Republicans refuse to confirm leader for ATF despite its troubles KNXV (Phoenix, AZ) http://www.latimes.com/news/nationworld/nation/la-na-atf- http://www.abc15.com/dpp/news/local_news/investig director-20110907,0,5716697.story ations/doj-retracts-claim-atf-knew-of-11-firearms- linked-to-violent-us-crimes ***************************************************