MARCH
NEWSLETTER 
Orange County Shooters
News from the Orange County NY, NY State and the Nation of interest to gun owners and sportsmen
APRIL 2002 Newsletter
MAY
NEWSLETTER 
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New York State Rifle & Pistol Association
Legislative Report by
Jacob J. Rieper, Legislative Director
SCOPE provides Current Firearms News, Updated Daily!

Plattsburgh Rod & Gun
(Where I get all of my news)

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ORANGE COUNTY & LOCAL NEWS 
State Senator William Larkin is seeking re-election in November. State Senator William Larkin is seeking re-election in November.
Woman slashed on Heritage Trail in Chester near Camp La Guardia Woman slashed on Heritage Trail in Chester near Camp La Guardia
March on Albany additional picture. March on Albany additional picture.
Carl DuBois to challenge Sheriff Bigger for Republican nomination for Orange County Sheriff. Carl DuBois to challenge Sheriff Bigger for Republican nomination for Orange County Sheriff.
Assembly Members Kirwan, Calhoun and Mills fare better in newest redistricting plan Assembly Members Kirwan, Calhoun and Mills fare better in newest redistricting plan
Friends of the NRA held in Middletown a great success. Friends of the NRA held in Middletown a great success.
NY STATE NEWS NATIONAL NEWS

Link Only
Study: Gun Licensing Reforms Had Little Effect on Crime Rates A full overview of the problems of Michael A. Bellesiles's Arming America: The Origins of a Nation Gun Culture
Howard Mills named Chairman of the Republican of Assembly Campaign Committee Something is fishy about clueless Clems By David Dirks
  Pilots' group petitions to arm air crews
The Bambi Bomb . . .What Walt Disney did to us World court now a reality
Concealed Weapons Bans Discriminate... FOX NEWS story AUDIO REPORT- NPR'S Arming America, gun book challenged as inaccurate
New Stewart Airport entrance road network given green light  

NYSRPA-ALERTS
by Jacob J. Rieper, Legislative Director New York State Rifle & Pistol Association

4/26/02 Next weeks Senate agenda: In Senate Codes Committee:
     S-3746, limits a licensing officer's discretion in imposing additional licensing restrictions on a firearm's licensee not otherwise provided in the penal law.
     S-4048, redefines elements of the crimes of criminal possession of a weapon in various degrees, and criminal sale of a firearm in various degrees. OPPOSE

State Senator William Larkin is seeking re-election in November.
From http://www.midhudsonnews.com

     State Senator William Larkin of Cornwall-on-Hudson wants a 13th term in the state legislature. He announced that he is seeking re-election in November.  Larkin is completing his sixth term in the Senate and previously served 12 years in the Assembly.
      He pointed to a number of issues that he said need to be addressed. "Certainly the budget, aid to education and looking to do what the Senate has tried to do for the last four years, that being to get the Assembly to agree with the Senate to put before the public a vote so we will eliminate these late budgets," he said.
      Under the Senate proposal, the comptroller and legislative leaders would work on each year's budget and if it was not adopted on time, the current year's budget will kick in as the new budget.
      Larkin is chairman of the Majority Steering Committee and chairman of the Committee on Racing, Gaming and Wagering

Woman slashed on Heritage Trail in Chester near Camp La Guardia

     In another example of, "the police can not be everywhere" also know as "most criminals do not commit crimes in front of police," a 36 year old woman was slashed from lip to ear with a broken bottle and had to endure several hours of surgery.  The Sunday morning, 4/21/02 attack of the woman as she rode her bicycle on the trail happened on one of the most patrolled section of the trail and only 100 yards from where a Camp La Guardia peace officer was on duty in a guard shack.  It only took one day for police to round up felon and Camp La Guardia resident, 37 year old Willie D. McClain.

CLICK ON LINK TO SEE THE T H-R ARTICLES
4/22/02 Woman Attacked on Heritage Trail
4/23/02 La Guardia resident charged
4/23/02 Facility may have to go, Diana says
4/25/02 Camp resident indicted in Heritage Trail attack
4/25/02 We want Camp La Guardia reforms, county tells NYC
ORANGE COUNTY NEWS

March on Albany additional picture

Sen. Larkin sent us the following picture:
OCFSC March on Albany

Carl DuBois to challenge Sheriff Bigger for Republican nomination for Orange County Sheriff.

Carl DuBois, a retired Middletown police lieutenant will challenge Sheriff Bigger for the Republican nomination for county Sheriff.   He resigned his judgeship in the village of Otisville and the Town of Mt. Hope so that he can run.  DuBois will have a hard time and Sheriff Bigger has a lot of support and has worked with and helped gun owners in Orange County and is a strong supporter of our gun rights.  The problem is that Bigger has had several problems in the last few years and they will not go away.  The T H-R is out to get him, the state AG is after him and last year the Holland and Knight report even called for ending the office and having an appointed Department of Safety.  
CLICK HERE FOR MORE INFO: http://www.dubois4sheriff.com AND http://www.midhudsonnews.com/News/DuBois_anno-15Apr02.htm

Assembly Members Kirwan, Calhoun and Mills fare better in newest redistricting plan

     The head of the NY Assembly, Sheldon Silver, tried to really screw the local Republican Assembly Members in the required redistricting plan.  Silver had all Republican running against each other in new districts and would have even forced Calhoun to move.  The newest plan keeps the districts in the same area but shifts who represents some towns around.  By using Sheldon Silver math, NYC will gain two seats so that 65 members in the Assembly will be from NYC.  (Just what we need.)  CLICK HERE FOR A T H-R ARTICLE

Friends of the NRA held in Middletown a great success.
Browning Model 1885, Gun of the Year won by Carmen Heitczman

     Everyone had a great time at the Annual Friends of the NRA held at Kuhls Highland House Restaurant in Middletown.  It was one of the best attended dinners in the last few years with two tables having to be added at the last minute to accommodate everyone.  The dinner organized very well and it started a little earlier this year and, along with a few other minor changes, allowed things to go a little quicker and we all got out by 10 PM.  A few of us with some new prizes and and new toys.  Carmen Heitczman won the "Browning Model 1885, Gun of the Year".  Others went home with the handgun of the year, an engraved Beretta Model 96F in 40 cal., a Ruger Vaquero and other rifles and shotguns.  Many other prizes were given away in the "Bucket Raffle" and some good deals were to be had at the auction.  The Orange County Shooters web page sponsored the Belt Buckle again this year
     If you have never been to a Friends of the NRA dinner please go to another one this year in the area or plan to go to the Middletown one next year.   100% of the net proceeds go to qualified local, state and national programs and many Orange County clubs and groups have received thousands of dollars of grants for local projects.  It really is a worth while event.

The Heitczmans taking care of business  Jay Rusnock, NRA  Upstate NY Field Representative

Belt Buckle that ocshooters.com sponsored   Ruger Vaquero in 45-70

Beretta Model 96F in 40 cal.  Sig P239 that I won in $20 Raffel

     The next Major Dinner in Orange County will be the Orange County Federation Of Sportsmens' Dinner will be held on October 11th.  Please plan to attend.

CLICK HERE FOR MORE PICTURES


Legislation for the 'Training and Competitive License for New York State Juniors'

Freeport, NY -- April 24, 2002 -- The Freeport NY R&R Junior Club proposed Training and Competitive License for New York State Juniors' bill, which as sponsored in the NYS Assembly by Assemblyman Richard Smith (D-AD146), assemblyman William Magee (D-AD111) and Assemblyman Paul Tonko (D-AD105) and in the NYS Senate by Senator Dale Volker(R/C-CD59), has been positively amended (A10596a) and recommitted to Codes. And we still have a companion bill in the NYS Senate (S6678a).
     If passed into law, this will permit our juniors, ages 14-20, to apply for a JUNIOR PISTOL LICENSE and then to compete and train for the Olympics, NYS Empire Games, SASS, IPSC, IDPA, etc. The law would permit the juniors to handle load, unload and shoot, but not to purchase.
     These bills NEED sponsors, co-sponsors and supporters in each house. It is imperative that you call your NYS Assemblymen and NYS Senator and ask them to sponsor, co-sponsor and/or support these bills. Also, have your 18, 19 and 20 year olds do the same, as they VOTE, or should be voting, as well.
     If you want to write, you can contact your Reps via the following link: http://www.keepandbeararms.com/takeaction/automailers/ny.asp .
     Please, this is important, the shooting sports will be greatly enhanced by this bill, as it will help us develop the next generation. Have your friends and relatives call or write requesting their Reps to co-sponsor the bills.
     You can call the NYS Senate Switchboard at 518-455-2800 and the NYS Assembly Switchboard at 518-455-4100, and then ask for your Senator or assemblyperson, respectively.
     You can also call NYS Assemblyman Richard Smith (518-455-4462 or 716-826-1878) and NYS Senator Dale Volker (518-455-3471 or 716-656-8544) and thank them for their support.
     At this time, we want to again thank Assemblyman Smith, Assemblyman Magee, Assemblyman Tonko and Senator Volker for sponsoring and supporting the idea of a training and competitive license for our state's juniors.
     Please help. Pass this along to friends, neighbors, club members, etc.

Treadwell broadens GOP base
State Republican chief wants to draw Democrats into party; Conservatives feel left out, By JOHN MILGRIM Ottaway News Service

ALBANY — Alexander "Sandy" Treadwell gestured toward a photo of a former president on his desk early last year when he spoke of what he wanted for the Republican Party in New York.
     Now, Treadwell has a different desk and a different job. And the picture of Theodore "Teddy" Roosevelt has been moved to a kitchen wall.  There’s no snub intended, he said, because it was at that kitchen table, at State Republican Party headquarters in Albany, where the decision-makers in 1993 chose then Sen. George Pataki to run for governor.
     Treadwell, who once ran the Essex County Republican Party, became Gov. Pataki’s pick to chair the state party last March, and he came into the job with a mandate. The silver-haired ex-marathoner said that, under him, the party would draw traditional Democrats to the Republican fold.  And like Pataki, he said he would look to Roosevelt’s progressive policies for guidance. New York’s Republican Party would be the party for minorities, the labor unions and the gay and lesbian community, he said.  "There are communities across the state with emerging minority populations," Treadwell said recently. "Our core philosophy really fits with these groups."
     Critics, however, said that with Pataki pulling the strings, the party has pushed aside its core conservative philosophy.  "Under the current leadership, the direction is not to make it a Republican Party in principle and policies, but to leave the name only and adopt the Democratic platform," said Brian Backstrom of the conservative anti-tax group CHANGE-NY. His was one group that helped Pataki win in 1994.
CLICK HERE FOR THE WHOLE ARTICLE

Ban of lead sinkers waiting for Gov.'s signature

     S 4786 has passed the NY State Senate and is waiting to be reviewed by Gov. Mario Pataki The Assembly had already passed a bill, A 8683 that bans sinkers.  The law prohibits the sale of lead fishing sinkers weighing one-half ounce or less.  "Loons, swans, herons and a couple of dozen other birds eat the sinkers, thinking they are small stones'' that aid their digestion, said William Cooke of Audubon New York in a 4/25/02 AP story.  (The Loons in the Senate and Assembly are not affected.)  The law will take effect two years after enactment.  CLICK HERE TO SEE THE WHOLE AP ARTICLE

City teen's anti-gun art wins award
Thursday, April 18, 2002, By Rob Seetoo, Poughkeepsie Journal

     Patrick Heavey is a young man of simplicity, with a serious creative streak.  Heavey, an 11th-grader at Poughkeepsie High School, was honored Wednesday before about 50 of his schoolmates because he won a second-place prize in a national poster contest decrying gun violence.  His poster depicts a chalk outline, similar to what might be found at a murder crime scene. Words of hope such as dreams, future, security and aspirations make up the outline.  ''I wanted a very simple message, a strong message, that guns do kill,'' Heavey told the audience.
      The contest was sponsored by Co/Motion, a Washington-based program of the Alliance for Justice that aims to educate youth nationwide about gun violence, and civic participation in general.  ''We decided a poster contest would be a great way to get kids involved,'' said Kristin Becker of Co/Motion.  The group was expecting a maximum of 300 entrants. It received more than 1,000.  ''It was impressive,'' Becker said.
     Andy Pelosi, executive director of New Yorkers Against Gun Violence, said it was important that students from Poughkeepsie who participated in the contest joined in the fight against gun violence.  ''This is a unique opportunity,'' Pelosi said. ''You made your voices heard.''
      Dutchess County Legislator Fran Knapp, D-City of Poughkeepsie, attended. Her niece was shot to death in Utica 1 1/2 years ago, she said, adding it was important youth get involved in advocacy.  ''We need to pass sensible gun laws in this country. We need you to speak out,'' Knapp said.
      Poughkeepsie High School Principal Robert Murphy congratulated Heavey on his accomplishment and said Heavey's work is representative of the talent of students at the school.  ''We are probably the Hudson Valley's best-kept secret,'' he said.  Poughkeepsie 10th-grader Paris Sims, who videotaped the ceremony, explained that positive publicity is good for the school because many people don't realize what Poughkeepsie has to offer.  ''It's good because it brings recognition to our school,'' Sims said.  Heavey was presented with a five-foot mock check for $300. He will get the real award in a ceremony in Washington next week.

(Hunting) Safety record still shines

April 11, 2002, J. MICHAEL KELLY, OUTDOORS WRITER from the The Post-Standard
     Police agencies investigated 56 accidental shootings among the state's approximately 700,000 hunters in 2001, including seven that were fatal. The year before the state logged an all-time low 43 accidents, including four fatalities.  Thirty-one of the 56 accident victims, including five of those who died, were deer hunters. One raccoon hunter and one fall-season turkey hunter were killed.  Shotguns were used in 41 of the 56 accidents, including five of the fatalities. Rifles accounted for the other two deaths and 10 total accidents. Muzzleloaders were fired in three of last year's accidents and handguns in two.
      Any safety- conscious hunter would agree that one accident is one too many. Yet, New York's sportsmen and women can justifiably give themselves a pat on the back for their overall safety record.  Our accident rate last year was about 8 per 100,000 participants. Most insurance agents would gladly issue a policy based on those odds.  In comparison, about 140 swimmers in 100,000 are involved in accidents that require medical treatment; and the accident rate among bicyclists is approximately 1,200 per 100,000, according to the National Safety Council.  More important than any comparative analysis is the fact that hunters are heading in the right direction, safety-wise.
CLICK HERE FOR THE WHOLE ARTICLE

 

NYSRPA Alert, A-5363

from Jacob J. Rieper, Legislative Director, New York State Rifle & Pistol Association
     A-5363C was amended, recommitted to Codes, and has advanced to the 3rd reading. The bill would enact the "Children's Weapon Accident Prevention Act"; establish the crimes of criminally negligent storage of a weapon in the 1st and 2nd degree; require the sale and use of weapon locking devices and requires the commissioner of education to formulate a weapons safety program for children. The previous version A-5363B passed the Assembly last June.
      The original Senate companion was S-728B, however it's sponsor was Sen. Goodman who retired.
      A similar version is A-7885A, no Senate companion.

(MY COMMENT: This is the same basic bill that we see every year.  All of Orange County Assemblypeople vote against this bill.  The worse part is that it includes the criminal definition of "LOADED".  "LOADED (RIFLE, SHOTGUN, HANDGUN)" MEANS ANY (RIFLE, SHOTGUN, HANDGUN,) LOADED WITH AMMUNITION OR ANY (RIFLE, SHOTGUN, HANDGUN,) WHICH IS POSSESSED BY ONE WHO, AT THE SAME TIME, POSSESSES A QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH (RIFLE, SHOTGUN, HANDGUN).    So if you have an unloaded gun but do not have every single round locked up, you have a loaded gun.  How many of us have a stray round or two around our reloading bench or some other place.)

State Conservatives to back Pataki

from Midhudson News
     When Governor George Pataki seeks re-election this November, he can expect to be on two major party lines.
     The Republican governor yesterday picked up the support of state Conservative Party Chairman Michael Long. "Our convention's going to be early June and I am sure that overwhelmingly the committeemen of the Conservative Party will support Governor Pataki's re-election," he said.

     Long was in Poughkeepsie yesterday attending an annual Dutchess County Conservative Committee brunch. He told the Mid-Hudson News Network that Pataki has done "a good job" and is a "very strong leader."

     Pataki will face off against whichever Democrat wins that party's primary - state Comptroller H. Carl McCall or former federal housing secretary Andrew Cuomo.

NEW YORK STATE NEWS

CoBIS Update

Additional information:  At a cost of over $4,000,000 that works out to about $233 per legal gun with no solved cases.  If that money was used to process the rape kits that are waiting to be done as has been reported by news outlets, many crimes would have been solved.  Not only rapes but kidnapping, assaults, and murders using all types of weapons, including firearms.  You would not even have to search for some of the criminals because some of them are being held for other crime.

    I have talked to the State Police again and found out some more info about how the "Gun DNA" program is working.  As everyone knows, only shell caseing left at a crime scene when the police have no lead are sent in for a check.  (That leaves out all revolvers that are not reloaded at the crime scene.)  The totals so far are the NY State Police have data for almost 18,000 guns with the gun maker supplying the fired brass for about 80% of the guns and your local gun dealer taking the gun to one of the local test centers for about 20% of the time.  The State Police are still working to improve the program but some dealers still have to drive up to 75 miles to the nearest test center to get a gun tested.  The have tried to match up crime brass with the data base in less that 100 cases and have yet to have a hit. Of course if they had solved just one case using the data their ratio of crimes solved to number of guns in the data base would be .000056465 but they have not so the number is "0".
     What does this prove?  That very few if any guns that are legal in NY State are used in crime.  In fact, none of the guns added to the database in the last 13 months was used in the type of crime that this data base is designed to solve.  Guns bought by criminals for use in criminal activity have a very short "time to crime", as short as one day.  If legal guns in NY State were part of the problem that this program helped solve, the program should have had several hits by now.
      And what about the fact that the average "time to crime" in the FBI stats is 3 years?  You can draw almost nothing from that number.  Many guns, 50% nationally, are not included in the "time to crime" database because they do not have a serial number or the gun data is not submitted or for some other reason the trace can not be done.  An average is just that, an average with some guns having a one day from "time to crime" use to others that are held for 20 years or more before they are used in a crime.  (Some of those S&W and Colt 38 cal. revolvers used by police for decades have found their way into the hands of criminals and have a very long "time to crime".)  Please remember that just because a gun is a "crime gun" in NYC does not mean that is has been used in a crime or traced to a crime other than not being registered.  In most other states if the police come to your house because you found someone trying to break in and held them using a gun they would arrest the bad guy and let you go.  In NYC if the handgun or long gun is not registered they arrest you, take the gun and the police now have another "crime gun".  I would like to know what the "time to crime" number is for handguns legally purchased, sold and registered in NY State is and why criminals drive all the way down south to buy guns when they could buy the same gun only a few hours away in NH or VT, the two states who have the most lax gun laws in the nation.

Some quotes from the " Crime Gun Trace Reports (1999)National Report":

  • To compute time-to-crime, both the date the firearm was recovered and the date it was purchased from a retail FFL must be known. Sufficient information to compute a time-to-crime was provided for 50 percent (32,573) of the crime gun traces (64,637).
  • Since an NTC trace generally extends only to the first retail purchaser, a trace of a gun sold used by an unlicensed seller or FFL usually will not show a fast time-to-crime, even if it was recovered by law enforcement shortly after its most recent transfer. Therefore, the time-to-crime measure as an indicator of trafficking is clearest when applied to guns sold new by FFLs.
  • A short time-to-crime can be an indicator of illegal firearms trafficking. Focusing on these firearms alone can produce significant trafficking trends and patterns. Investigating crime guns with short time-to-crime allows law enforcement to seek out sources of crime guns and disrupt the flow of illegal firearms trafficking.
  • The illegal market in guns involves new guns, used guns, and stolen guns. ... nearly a third (32 percent, 10,275) of recovered crime guns for which a time-to-crime could be computed (32,597) had been purchased for the first time within 3 years of their recovery. Since these crime guns were all recovered in 1999, nearly one-third of the crime guns with known time-to-crime entered firearm commerce in 1996 or later.
  • ... while the median time-to-crime for semiautomatic pistols (21,095) is 4.3 years, for revolvers (7,912) the median time-to-crime is 11.7 years.
  • ... in the 11 cities that were analyzed, 9 percent of semiautomatic pistols and nearly 5 percent of revolvers traced had obliterated serial numbers.

These findings summarize the trace information for crime guns recovered in the City of New York during 1999 and traced in 1999 by law enforcement agencies in New York, including the New York Police Department and ATF. Based on historical trends, judgment, and the informed opinions of ATF agents who work locally with the city police department, ATF determined that New York, New York, was tracing comprehensively in 1999.

Crime Guns and Illegal Diversion

     Few Crime Gun Possessors Bought Their Guns Directly from Federally Licensed Gun Dealers. (Table A) Nearly 95 percent of New York crime guns changed hands at least once before reaching the crime gun possessor, and could have been legally transferred, straw purchased, otherwise trafficked, stolen, or a combination of these. Trafficking investigations can determine how these guns were obtained by the crime gun possessor.
      Many Crime Guns Had a Short Time-to-Crime. Notwithstanding that most crime guns were bought from an FFL by someone other than their criminal possessor, many crime guns were recovered soon after their initial purchase. A short time from retail sale to recovery in crime, known as time-to-crime, is an indicator of illegal diversion or criminal intent associated with the retail sale. The presence of short time-to-crime guns also shows that many firearm offenses, including violent offenses with firearms, involve new guns.
     The median time-to-crime for guns traced from New York, where time-to-crime could be determined, was 7.2 years, as compared to the median of 5.7 years for comparable YCGII cities. Older guns that may have changed hands several times before acquisition by the criminal possessor may represent an investigative challenge. Many crime guns, however, moved more quickly from retail sale to recovery by law enforcement.

• 21 percent of crime guns (647) had a time-to-crime of less than 3 years (32 percent for comparable YCGII cities).
• 9 percent of crime guns (294) had a time-to-crime of a year or less (15 percent for comparable YCGII cities).

Obliteration of Serial Numbers. (Table G) Obliteration of serial numbers is a key trafficking indicator.
• Nearly 13 percent of handguns recovered in New York had obliterated serial numbers.
• Youth in New York were associated with the highest percent of handguns with obliterated serial numbers (16 percent), followed by juveniles (14 percent) and adults (12 percent).

Types of Crime Guns (Table C)
Handguns accounted for nearly 83 percent of New York’s traced crime guns.
Semiautomatic pistols comprised 53 percent of crime guns.
• Semiautomatic pistols dominated among crime guns recovered from youth (67 percent) and juveniles (65 percent), as well as from adults (55 percent).
• Revolvers made up 28 percent of crime guns. By age group, adults were associated with 27 percent, juveniles 26 percent, and youth 24 percent.
• Long guns accounted for nearly 17 percent of crime guns recovered in New York, lower than the average of long gun recoveries for comparable YCGII cities (21 percent).

Geographic Sources (Table F)

Instate New York Federal firearms licensees (FFLs) were the source of only 20 percent of all traceable crime guns recovered in New York.

• In-County. FFLs located in the five counties that are fully encompassed by the boroughs of New York were the source of 17 percent of crime guns recovered in New York City and purchased in New York State.

National. An additional 50 percent of traceable crime guns recovered in New York were first purchased at FFLs in the southern states of Virginia, Florida, Georgia, North Carolina, South Carolina, Texas, and Alabama.

 

Schumer: Keep Guns From Mentally Ill

     Sen. UpChuck Schumer has finally figured out one of the problems with the NICS check that everyone has known of since the start of the program and he has a new law to solve the problem.  The problem is that most states do not send in the records of the mentally ill because they are afraid of privacy problems.  It is another example of UpChuck trying to promote himself using the blood of crime victims.  The most recent case of Peter Troy who shot a priest even though Troy had been in a psychiatric hospital and his mother had a restraining order against him.  (CLICK HERE TO SEE MARCH NEWS ITEM)  But in another example of UpChuck trying to stick in all that he can, the bill would also expand gun control laws to BLOCK PURCHASE by anyone against whom a restraining order has been issued IN THE LAST FIVE YEARS.  So now you do not even have to be charged with a crime to loose your right to buy a gun.  CLICK HERE TO SEE THE WHOLE ARTICLE


Miller wants airline pilots to be armed

By TOM BAXTER, Atlanta Journal-Constitution Staff Writer
      RENO, Nev. -- Sen. Zell Miller, the first Democrat to keynote the National Rifle Association convention in more than a decade, Saturday chastised his own party for anti-gun positions and called on President Bush to allow pilots to carry guns.  "In our fight against suicidal terrorists who crash planes into our cities, the most certain line of defense is a skillfully trained, highly dedicated, armed airline pilot," Miller said.  The Georgia senator said Democratic pollsters misread public attitudes about guns, causing the party to lose states such as Arkansas, Tennessee and West Virginia in the 2000 presidential election.  "What many do not understand is that the gun issue is not just about guns. It's about values. It's about setting priorities," he said.
     Miller devoted a sizable portion of his speech to criticism of Emory University professor Michael Bellesiles' book, "Arming America," which argues that the importance of guns in Colonial America has been exaggerated. The book has drawn academic scrutiny over Bellesiles' research methods.  "It would seem that, in Bellesiles' America-in-Wonderland, colonists were a bunch of naive, wishy-washy peaceniks," Miller said. "Well, tell that to the British Redcoats who tried to cross Concord Bridge."

CLICK HERE FOR THE WHOLE ARTICLE

 Gun Control and Civil Liberties NRA has its own homeland security plan suggests arming pilots, IDing and detaining noncitizens

     Reno -- The National Rifle Association leadership offered a scathing critique yesterday of two of President Bush's most prominent actions -- beefed-up airport security after Sept. 11 and campaign finance reform -- even as they took credit for getting Bush elected.
      To huge applause, Wayne LaPierre, executive vice president of the NRA, told the crowd that commercial airline pilots should be allowed to carry guns, and that the government should identify and stop noncitizens, not ordinary Americans, at airports.  "The first target of homeland security shouldn't be the people of our homeland," LaPierre said. "It should be the kinds of people who are not citizens of the homeland, who don't belong in our homeland."
      LaPierre also railed against campaign finance reforms signed by Bush because they would restrict his group and others from running TV ads two months before a general election supporting a specific candidate. The NRA is challenging the law in federal court.
      Bush was never singled out for criticism, however, and NRA President Charlton Heston invited Bush to speak next year -- so he could thank them for getting him elected.
      And, finally, LaPierre went after a new crop of gun-control advocates who he called "political terrorists." He singled out Andrew McKelvey, the wealthy founder of Monster.com and Americans for Gun Safety.  LaPierre said McKelvey has a lot in common with Osama bin Laden, describing him as "an extremist billionaire with a political agenda using personal wealth to train and deploy activists, looking for vulnerability to attack, fomenting fear for political gain and funding an ongoing campaign to hijack your freedom and take a box cutter to the constitution."

CLICK HERE FOR THE WHOLE ARTICLE

NRA takes credit for Bush's win; sets sights on Senate foes next
      REPORT FROM NRA Annual Meeting

     RENO, Nev. (AP) National Rifle Association leaders took credit for President Bush's election Saturday, saying they're taking aim next at unseating gun control advocates in Congress and defeating campaign finance reform in court.  ''You are why Al Gore isn't in the White House,'' NRA executive vice president Wayne LaPierre told more than 4,500 delegates at the NRA's 131st annual meeting.  ''No other group could have done what we did collectively in 2000, and now it's time to finish the job,'' NRA lobbyist James Jay Baker said. ''The Senate is the hole in our armor. ... The Senate is our battleground.''
      Georgia Sen. Zell Miller, the first Democrat to give the NRA's keynote address in more than a decade, agreed that Gore's stands on gun rights cost him key states, including Arkansas, West Virginia and Tennessee.  ''I recall the surprise of national Democratic leaders at losing those states in the presidential election,'' Miller, a longtime NRA member, said in remarks prepared for Saturday night's banquet.  ''All their expert pollsters said voters favored gun control. ... Well, I stand with heartfelt conviction over a political wind gauge any day.

CLICK HERE FOR THE WHOLE ARTICLE

Zell Miller to be NRA keynote speaker

By TOM BAXTER Atlanta Journal-Constitution Staff Writer, 4/27/02

     Sen. Zell Miller of Georgia will become the first Democrat since the election of former President Bill Clinton to give the keynote address at the National Rifle Association's annual meeting.  Miller, a longtime ally of the NRA, will make his speech Saturday night during the meeting in Reno, Nev.  The speech comes at a time when the NRA is seeking to renew ties with Democrats. The organization raises the argument that the Clinton administration record on guns was key to Vice President Al Gore's defeat in 2000 by George W. Bush.
      "Sen. Miller has certainly demonstrated his steadfast dedication to protecting Second Amendment rights," NRA spokesman Andrew Arulanandam said Thursday.  Miller received the NRA's endorsement in both his races for governor and his 2000 U.S. Senate race.  During the summer, the former governor wrote a New York Times op-ed piece taking Democrats to task for failing to understand the potency of the issue in the rural South.
      Miller speaks Saturday night at the Reno Hilton hotel-casino. The senator, who is a fan of country music, will be able to hear Vince Gill, who will perform at the dinner-dance.  NRA President Charlton Heston will speak earlier in the day, and power rocker Ted Nugent will attend to sign copies of his new book, "Kill It & Grill It." About 35,000 people are expected to attend some portion of the annual event.  Interior Secretary Gail Norton gave last year's keynote speech. The last Democrat was Texas Rep. Martin Frost, who spoke to the group in 1991.
      Arulanandam said more Democrats are moving away from anti-gun positions since the 2000 election.  The NRA spokesman cited the example of Virginia Gov. Mark Warner, whose position on guns in last year's governor's race was "a drastic change" from that of a few years before when he was state party chairman.

 NYC Firearm Deaths Show Complex Link To Drug Use and Race
Fewer gun-related deaths in past decade, but minorities still hit hardest

     NEW YORK CITY, April 12 - More than half of those killed by firearms in New York City between 1990 and 1998 tested positive for drugs, but shooting deaths overall declined as the decade drew to a close, according to a new study to be released Tuesday in the Journal of Urban Health, published by The New York Academy of Medicine. Despite the decline, African-Americans and Latinos remained three times more likely than whites to be victims of shooting violence.
      Of the 11,133 total firearm-related deaths in the city in that period, 55.3 percent of the victims tested positive for cocaine, marijuana, opiates (i.e., heroin) and/or alcohol, according to researchers, who combed eight years of records from the city's Office of the Chief Medical Examiner of New York.
      Fatal shootings in the five boroughs dropped notably to 526 in 1998 from 1,720 in 1990, the study shows, while the proportion of drug-positive victims held steady. African-Americans and Latinos remained about three times more likely than whites to be victims of fatal firearm violence in 1998, though the race gap narrowed by that time.
      While this study does not investigate drug use habits of those who fired the weapons, it provides further evidence that alcohol and illicit drugs continue to play a role in firearm mortalities, said lead author Sandro Galea, M.D., M.P.H., an epidemiologist in the Academy's Center for Urban Epidemiologic Studies (CUES).
      "The overall decrease in firearm homicides in New York City is reassuring," Galea said. "However, the disparities in mortality between racial and ethnic groups remains a clear cause for concern." Other authors of the study are: Jennifer Ahern, M.P.H., of CUES; David Vlahov, Ph.D., CUES director; and Kenneth Tardiff, M.D., M.P.H. and Andrew Leon, Ph.D., of the Cornell University Medical College Department of Psychiatry.
      The study, "Drugs and Firearm Deaths in New York City, 1990-1998," was funded in part by a grant from the National Institute on Drug Abuse. It is among five research papers in the Journal's special "Firearms and Violence" section to be released Tuesday. The other firearm studies in the Journal found that:

  •       Women are much more likely to die at the hands of a gun-wielder in states where guns are more prevalent, according to Harvard University researchers. Between 1988 and 1997, women in high-gun states (Louisiana, Alabama, Mississippi, Arkansas and West Virginia) were 1.5 times more likely to die from suicide, 2.7 times more likely to die from homicide, and 11.2 times more likely to die from firearm accidents than in low-gun states (Hawaii, Massachusetts, Rhode Island, New Jersey and Delaware).
  •       Firearm use is the leading method of suicide and has been for two decades, according to scientists from the Violence Prevention Research Program at the University of California, Davis. Restricting firearm access could curb suicides, the study suggests.
  •      Unintentional gun deaths in the U.S. have steadily declined in the last century, according to the Johns Hopkins Center for Gun Policy and Research. Some possible explanations: the number of gun-owning households dropped 32 percent from 1973 to 2000, and a smaller percentage of households have an adult male.
  •      Guns are readily available to criminally involved youths through their social networks, according to a study led by Johns Hopkins University.
    The New York City study shows that the predominant illegal drug used by fatal shooting victims changed as the '90s progressed, and that choices varied by race. Cocaine was the most prevalent illegal drug detected in victims in 1990, autopsy records show, but marijuana took the lead from 1994-98. Alcohol was the most widely found drug in Latino and white victims in 1998, while marijuana was dominant in African-Americans.

Researchers also found that:

    Brooklyn was the deadliest borough from1990-98, with 35 percent of gun-related deaths.
    More than one-third of fatal shooting victims were 15-24 years old.
    The face of firearm deaths is mostly male (91.4 percent) and minority (48.1 percent African American, and 35.9 percent Latino). Whites comprise 12 percent of victims.
     Gun-related deaths dropped by two-thirds among African-American men from 1990-98, by nearly half for white men, and by nearly four times among Latino males.
      Minority women are more likely to be firearm homicide victims than are white women.

     NYAM researchers are continuing the study, collecting data for the last four years. A follow-up study will be released by next year.
     The New York Academy of Medicine is a non-profit organization founded in 1847 that is dedicated to enhancing the health of the public through research, education and advocacy, with a particular focus on disadvantaged urban populations. The Academy formed and sponsors "Doctors Against Handgun Injury," a coalition of 12 professional medical societies working to reduce death and injury from handguns. The Academy publishes the Journal of Urban Health quarterly. View it online at http://www.jurban.oupjournals.org/?f2

    ( MY COMMENT:  I do not understand several points about this study.  The most glaring are: What is the relationship between the gun-related deaths and legal firearm ownership?  Are the laws regarding obtaining a license for a handgun different between whites, African-Americans and Latinos?  What is the relationship between legal gun owners and illegal gun owners in the deaths?  NYC passed no new gun laws so why the decline in deaths?)

"First Monday" CBS show about the Federal Supreme Court does 2nd Amendment.

     Monday night, 4/22/02, on CBS featured a show abut the Federal Supreme Court, (JAMES GARNER plays Chief Justice Thomas Brankin,) and the topic was the 2nd Amendment and for a change the bad guy was a anti-gun liberal Federal Senator.  Both sides of the argument were presented and the case was about a city that voted to ban all guns, (remember Morton Grove,).  One Supreme Court Justice, Justice Joe Novelli, who opposed the ban had a handgun stolen from him that was later used to kill someone.  The male liberal, anti-gun Senator tried to use that information to pressure the Justice into voting to support the ban.   Justice Novelli also tells another liberal, anti-gun woman Justice the story of how Justice Novelli saved the life of his aunt when he was 10 years old by shooting a robber who was going to rape his aunt.
     It ends with the court overturning the ban 5 to 4 with Novelli, who voted to overturn the ban, and the anti-gun liberal woman, who also voted to overturn the ban, agreeing as the woman Justice said, "I am going to write a concurring opinion that encourages more Second Amendment cases favoring laws that restrict the private ownership of automatic arms, Teflon coated bullets and assault weapons."  (Automatic arms, teflon coated bullets and assault weapons had not even come up in the show so that was out of left field.  Who does not know of all the laws on automatic firearms and what is the problem with teflon coated bullets also, the Supreme Court failed to take up the Assault Weapons Ban in NJ when it had the chance.)  

Campaign to end Federal Assault Weapons Ban has started, (it does not matter to NYers.)

     The Federal Assault Weapons and high-capacity magazines Ban ends on Sept. 13, 2004 and The NRA sent out a DAILY UPDATE, 4/22/02, that links to the first article that I have seen about the upcoming fight.  When the law was passed and then signed by then Pres. Clinton, it contained wording that would sunset the bill in 10 years and 2004 is the year.  As anyone can guess, this is going to be a big campaign point in the 2002 Federal Senate races and all races in 2004.  (How wonderful that we will have the Campaign Finance Reform in full effect in the 2004 election.)  It really will not matter for us New Yorkers because our wonderful Gov. Mario Pataki passed laws last year that will save us from ourselves and prevent us from buying any of the guns if the Federal Law sunsets.  When the NY State law was passed supporters said that they could not understand why 2nd Amendment supporters would object because it was a copy of the Federal Law and we had nothing to loose.  The law was the same as the Federal law with one major exception, it did not have the sunset section and was not tied into the federal ban so that even if the federal ban ends, New Yorkers will still be screwed.  A big thanks to is due to not only Gov. Mario Pataki but also to State Senator Thomas P. Morahan, 38TH, New City.  He is one of the main people who pushed the new law and he voted for it.
     If the Federal law does sunset, at least the price of the used guns that we can buy will be cheaper and I have no idea how they will prevent new +10 capacity magazines that do not have a date on them from being sold in NY or from someone buying them out of state and having them unless the gun is of a new design built after the state law passed where you could have never had a legal +10 round capacity magazine.

CLICK HERE TO SEE THE WHOLE ARTICLE at gomemphis.com
NRA targets candidates in fight to end gun ban

 No Choice,“Weapons-effect” paralysis.
By Dave Kopel & Paul Gallant & Joanne Eisen

     On September 16th, Reuters revealed that in the midst of the Sept. 11 hijackings, President Bush had ordered U.S. fighter pilots to shoot down any airliner acting in a suspicious manner. Since then, a fleet of 250 military planes, including AWACS surveillance aircraft and refueling tankers, has flown nearly 20,000 missions over U.S. cities. To date, military aircraft have responded to more than 350 "air events" — instances when a plane flew off course or failed to maintain radio contact.
Early discussions after Sept. 11 about how best to deal with terrorists in the air focused on whether to allow armed pilots in the cockpit. There was hardly a thought about allowing off-duty cops, and civilians with concealed-carry licenses, as armed passengers aboard airliners. But the idea of armed pilots now appears officially off the table, with Transportation Secretary Norman Mineta's statement on March 4, "I don't feel we should have lethal weapons in the cockpit."
     What has been utterly incomprehensible is that the federal government considers destroying a hijacked airliner, and thereby killing every single passenger, more palatable than allowing the arming of pilots or passengers.
     Why does the slim possibility of a bad outcome from firearms onboard a plane (e.g. an innocent passenger shot by mistake) provoke so much more fear than does the death of all those aboard the plane? What about the likelihood of additional ground casualties resulting from a plane being blasted out of the skies?
     Twenty-two years ago, Dr. Lester Adelson wrote in the The Pharos, a medical-society journal: "The accessibility of a firearm permits the instantaneous metamorphosis of a law-abiding person into a murderer." Adelson had perfectly articulated what has become known as the "weapons effect" hypothesis.
     Whether called the "weapons effect," the "instrumentality theory," or the "accessibility thesis," the premise is the same: Guns provoke impulsive, violent responses, and the presence of firearms anywhere (except in the hands of government employees) is to be feared. The illogical fear of firearms on airplanes is evidence that the weapons-effect hypothesis has thoroughly permeated our culture
CLICK HERE TO SEE THE WHOLE ARTICLE

 

NATIONAL

Ohio - 1st Ohio District Court of Appeals Upholds Hamilton County Right to Carry

     ( The Second Amendment Foundation (SAF), has won another major victory.  SAF is a leading national gun owner rights organization and is both a named plaintiff in the case and funded the lawsuit.  SAF is also a part of and funding many other cases. If you have a few extra $ you should send them a few.  The Second Amendment Foundation is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners. Current projects include several concealed carry lawsuits, a lawsuit against the cities suing gun makers & an amicus brief & fund for the Emerson case holding the Second Amendment as an individual right.)

     An unanimous Appeals Court ruled that Ohio's ban on carrying concealed firearms is unconstitutional in a very strongly worded opinion. The monumental decision upheld Judge Ruehlman's trial court decision and legalizes concealed carry in Hamilton County for the third time in less than two years.
      "This is total vindication of the trial court's decision and another great victory for the Second Amendment Foundation and the citizens of Ohio," stated SAF Founder Alan Gottlieb. "All three judges were of the same opinion, these carry ban laws are offensive to common sense and need to be stricken from the books, and I couldn't agree more."
     The Ohio laws in question, R.C. 2923.12, bans all concealed carry of firearms with felony penalties for any violations while R.C. 2923.16 bans loaded guns in a motor vehicle. Only after a person is caught violating either of these provisions, and the person incurs the costs and stresses of a criminal trial, does the current law allow the possibility of an "affirmative defense" to be made. It was for this reason that the law was struck down.
CLICK HERE TO SEE THE SAF PAGE ABOUT THIS LAWSUIT.  Also take a look at the rest of the web page.  The web page provides an incredible amount of information and more legal briefs and motions than you can read.
      A stay was issued in the case so law-abiding, mentally competent adults can now carry guns concealed and have loaded guns in their vehicles without fear of being arrested and prosecuted for exercising their rights only in Hamilton.

"The framers of the constitution "put the citizens' rights up front," said presiding Judge Mark Painter.
"We believe they meant what they said," he said."

In a landmark decision, the 1st Ohio District Court of Appeals has held that citizens may carry concealed weapons, affirming a Hamilton County trial court finding that the state's ban on carrying concealed weapons violated Ohio's Constitution. The Court put it's finding in blunt terms, stating, "we believe they meant what they said", referring to the language drafted by the framers of the Constitutional guarantee that citizens may arm themselves for self defense.

The Court refused to accept the arguments that county and city governments in Ohio have the right to regulate the carrying of concealed weapons in the interest of public safety. An appeal to the State Supreme Court is expected but a final ruling from the high court could be many months in the making.

http://www.cincinow.com/news/breaking.shtml

OHIO COURT OF APPEALS REJECTS BAN ON RIGHT TO CARRY
NRA-ILA Fax Alert Vol. 9, No. 15 4/12/02

     On Wednesday, a three-judge panel from the 1st Ohio District Court of Appeals held that Ohio`s ban on carrying concealed firearms violates Article 1 of the state Constitution a ruling that upholds a January 10 decision by Judge Robert P. Ruehlman. When announcing the unanimous decision, presiding Judge Mark P. Painter read from Article 1, stating,"The people have the right to bear arms for their defense and security." He followed by claiming, "We believe they [the state`s founding fathers] meant what they said."

     Ohio is one of only six states that currently prohibits all law-abiding citizens from carrying concealed firearms for personal protection, and does not offer a clear exemption to this prohibition for civilians. And while the law in question has a provision that justifies a "prudent person in going armed," this provision is what is referred to as an "affirmative defense," and can be used only after an individual has been arrested and indicted. Judge Painter commented, "No Ohioan can exercise the constitutional right to bear arms, whether concealed or unconcealed, without risking jail... .We know of no other situation where a citizen is guilty until proven innocent." Wednesday`s ruling also found the "prudent person" provision incomprehensible to the ordinary citizen, pointing out that even a seasoned law officer could not determine its true meaning, leaving the law open to arbitrary enforcement. What this ruling will ultimately mean to law-abiding Ohioans remains to be seen, as the gun-ban lobby formerly known as HCI promises another appeal is in the works. This anti-gun extremist organization, through what it calls the "Brady Center`s Legal Action Project," has been assisting the defendants in the case -- which includes Hamilton County, Cincinnati, and the state of Ohio -- by acting as co-counsel. The next stop for this case should be the Ohio Supreme Court, and we`ll be sure to keep you abreast of any new developments.

Court Rules Gun Makers Not Responsible for Acts of Criminals

Yet another court has rejected the notion that law-abiding gun makers should be held responsible when criminals misuse their products. On March 25, U.S. District Judge Audrey Collins threw out a lawsuit that sought to hold certain gun makers responsible for Buford O. Furrow's August 1999 attack on the North Valley Jewish Community Center in California, where three boys, a teenage girl, and a woman were injured. The suit also sought damages for the murder of Joseph Ileto, a postal worker Furrow killed after his attack on the community center. Judge Collins' 37-page opinion held that the plaintiffs did not show a link between Furrows' actions and the marketing strategies of the gun makers being sued.

 

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