NY STATE NEWS

UpChuck Schumer and AG Spitzer might both seek Dem. Gov. nomination in 06

NATIONAL NEWS

Travesty of Justice -- the Plight of Melvin Spaulding

Ninth Circuit Does It Again

Brady Anti-Gun Group Pays $26G FEC Fine

SCHUMER SECURES $200,000 FOR "GEESEPEACE"SOLUTION TO CANADA GEESE PROBLEM

Supreme Court Fails to take up the California Assault Weapons Ban.

• Many of the people who are pushing Shotgun Only do not want any hunting at all.
• Some people get upset if they hear any shooting, even if it is miles away
• Few people can tell the difference between the sound of someone shooting a shotgun or a rifle in the woods. Many of the people who are hunting are already using shotguns hunting various game.
• Most people only think of deer hunting in Orange County but we have many hunting lands, both public and private where people also hunt various types of birds. Between several groups thousands of dollars are spent every year stocking hunting lands with birds across Orange County. In the fall anyone hearing a gun shot thinks that someone is hunting a deer with a rifle when many times it might be a bird hunter using a shotgun.
• If someone has a specific problem they can always contact the land owner

  I see no need for a law that would require Shotgun Only in Orange County

     The population is growing in Orange County and we are loosing hunting land and that is what is going to have the biggest impact on hunting in Orange County.

Patricia Wallace Pachyderm Club of Orange County

     The Patricia Wallace Pachyderm Club of Orange County has been organized and is starting to hold meetings. The club is a grass roots Republican Social Club and it only cost $50 a year to join and is open to any registered Republican in Orange County. They are going to support Republicans in local races and promote grass root participation. (They plan meetings on a variety of topics and I hope that they will include one on the 2 Amendment.) The officers are President Kevin Didridsen and VP is George Smith with Secretary Jim Booth and call 469-2441 for more information.
     They are working on a web site but for now the national web site is: http://www.pachyderms.org
      The Pachyderm Christmas Party this Thursday, 12/17/03, 5:30-7:30pm at the Harness Museum, Goshen ~( Please remember to bring an unwrapped Children's Book, or two to donate to President Bush's "No Child Left Behind" Book Program.) You can still attend and it only cost $20.
PS: It's not too late to reserve if you haven't already. Don't forget to bring a friend with you. We would love it if you could bring a new face to join us in the Holiday Celebration!

PARTY UPDATE

   Everyone had a good time at the party and over 50 people attended. It looks like the club is off to a good start and will be a good complement the Orange County Republican Party.

SPARC wins lawsuit to keep development out of Stewart Buffer lands
CLICK HERE FOR A MIDHUDSON.COM NEWS ARTICLE
Click here to read the decision in pdf format

    *  News was released late Friday, 12/12/03, that SPARC had won the most important part of the lawsuit to preserve the 7,000 acres west of Drury Lane. One of SPARC's main position is that agencies did not consider a federal transportation law, section 4 (f), that requires that all possible alternatives have been studied before parklands could be disturbed by a highway and the court agreeded with this position. The ruling also includes Crestview Lake
      On November 21st, 2002 United States Magistrate Judge Randolph Treece, of the Federal Court, Northern District, had ordered an injunction against the I-84/Drury Lane project. In response to a motion filed by SPARC and co-plaintiffs Orange County Federation of Sportsmen's Clubs and the Sierra Club, the Judge wrote,
"Defendants [NYS DOT, et al] are enjoined from proceeding with construction, destruction or any further development regarding the I-84 and I-87 Interchanges and Stewart Airport pending a decision on the appeal".
     The newest ruling is the final decision from a hearing that was held on April 29th, 2003 before a three-judge panel of the Federal Appellate Court, 2nd Department. One of SPARC's main points was that the agencies did not consider a federal transportation law, section 4 (f), that requires that all possible alternatives have been studied before parklands could be disturbed by a highway. The state agencies have argued that the lands were held for transportation purposes and the recreation was just an interim use. The SPARC and the Coalition's position is that the statute does not require that the lands have been dedicated as parkland, and meanwhile the de facto recreation and wildlife uses of the Stewart Buffer have existed for almost thirty years.
      The decision today in fact returns the lower court decision for further action, and therefore, is not likely to be the end of the case and in the coming days it will become clearer what action the state will try to take. The Stewart Buffer lands are one of the most important public hunting lands and outdoor recreation area in Orange County and this looks like a major win for SPARC and the Coalition.
      SPARC does not oppose airport expansion and development but it opposes pro-development groups that want to convert large areas of this land into cargo-related facilities such as warehouses, as well as office parks. In 1999, New York Governor Pataki, finally responding to pressure from the coalition, set aside about 5,100 acres of the buffer as 'State Forest Land'. But at the same time, he also allowed the Empire State Development Corporation, (New York State's development arm), to offer 1,200 acres for development.
     SPARC President Sandra Kissam would now like to see an amicable resolution to the controversy. “We are hopeful now that the New York State DOT and the Thruway Authority and also the Federal Highway Administration will rethink their plan to put a road through these important recreation areas and work out a solution to airport access that also protects the buffer lands and all the advantages that they provide for our citizens,” she said.
(Some information used taken from SPARC's website at http://www.frontiernet.net/~sparc/index.html )

Gander Mountain is looking for workers
CLICK HERE TO SEE NOV.'S PRESS RELEASE

     Gander Mountain needs workers for the new store off of Rt 211. They have an on line form that you can fill out but they will not start looking for hourly positions till January. If you apply just make sure that you let them know that you found out about it at OCShooters.com.

CLICK HERE FOR MORE INFORMATION

UpChuck Schumer and AG Spitzer might both seek Dem. Gov. nomination in 06

     Rumor has it that our own Sen. UpChuck Schumer is telling his supporters not to give any money to AG Spitzer's efforts to seek the Democratic nomination for Governor. As one would guess, most of the people who give money support both candidates so if Sen. UpChuck decides to run then the people who give the money will have to decide who to support.

Overview of the 06 Elections:

• Gov. Mario Pataki will be seeking his 4th term. The last time that happened was when Nelson A. Rockefeller served from 1959-1973. This time Mario Pataki will not be able to get the support from the Unions and other liberal groups like he did in O2. Those groups will be falling all over themselves to support an ultra-liberals like UpChuck or Spitzer.
• AG Spitzer has already started his campaign and has the support of Assembly Majority Leader (aka Dictator,) Sheldon Silver. Spitzer has a web site and money. If he wins the nomination then he can not run for the AG position so if he looses in the general election he will be out of a job. (See Gov. Mario Pataki V AG Spitzer in 06 elections.)
• Sen. UpChuck Spitzer has over $20 Million in the bank for his 04 re-election campaign and because of the total failure of the NY State Republican Party to find someone to run against him, Spitzer is expected to have most of the money left to apply for his run for the governor's position. If the Democratics do not gain control of the Senate so that UpChuck becomes the head of the Judicial Committee, then UpChuck feels free to run for the nomination and he will not loose anything if he gets the nomination. If he looses the general election he still has his seat in the Senate and if becomes the Governor he will have to resign his Senate seat but, as Governor he gets to pick his successor.

UPDATE: NY POST ARTICLE
CLICK HERE FOR THE WHOLE December 8, 2003 ARTICLE

     POWERFUL Democrats are considering a super-secret plan for U.S. Sen. Chuck Schumer to run for governor in 2006 - and name New York's first black senator as his successor if he gets elected.
      The stunning proposal would be designed to guarantee Schumer solid support from the state's heavily Democratic black community in a primary contest against Attorney General Eliot Spitzer, now widely accepted as the Democrats' front-running candidate for governor.

Travesty of Justice -- the Plight of Melvin Spaulding

      71-year-old Melvin Spaulding saved his 63-year-old friend and neighbor George Lowe from being beaten and kicked to death by a band of local street punks. Mr. Spaulding's elderly friend was being kicked to the ground by three thugs, who, according to Mr. Spaulding, have a history of terrorizing his neighborhood with their violent antics. They beat and kicked Mr. Lowe for having the courage to tell them to stop hitting neighborhood cars and mailboxes. They beat and kicked Mr. Lowe, without mercy. And the only thing standing between the possible painful death of George Lowe was Melvin Spaulding and his pistol.
      Mr. Spaulding shot one of the attackers but his reward was being arrested by Pinellas County Sheriff's Deputies for attempted murder and held without bail. The Pinellas-Pasco State Attorney's office is in the process of investigating the case, and no decision has been made at the time of this publication whether or not Mr. Spaulding would be formally charged.
     What should Mr. Spaulding have done? According to Pinellas County Sheriff's spokesman Tim Goodman, "I'm sure he was concerned for his friend's safety..., The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

CLICK HERE TO SEE THE WHOLE STORY
AND TO SEE WHAT YOU CAN DO
AT KEEP AND BEAR ARMS

     The Ninth U.S. Circuit Court of Appeals is once again up to its political shenanigans. A three-judge panel of the San Francisco-based court recently reinstated a wrongful death lawsuit against the gun industry, that had been previously tossed out by a Los Angeles federal judge before it went to trial. The suit, Ileto v. Glock, seeks to blame Glock and others for the horrendous criminal actions of deranged white supremacist Buford Furrow. In 1999, Furrow shot and killed postal worker Joseph Ileto, and wounded three children at a Jewish day care center in California. What is not often reported is that, while a Glock pistol was used in Furrow`s heinous crime, the gun was originally sold to a police department, which subsequently sold it to a licensed dealer, who in turn sold it to a collector, who finally sold it to Furrow.
      Commenting on the case, Glock attorney Christopher Renzullie asked the obvious question, "How are we supposed to monitor a gun after we sell it to a law enforcement agency?" Echoing this frustrated sentiment, UCLA law professor Eugene Volokh quipped, "According to the Ninth Circuit, Glock has to dictate to the police how to handle [gun sales], because they would know better than the police how to prevent crime."

Brady Anti-Gun Group Pays $26G FEC Fine
By Associated Press,December 4, 2003, 10:28 PM EST

     WASHINGTON -- A gun-control group has agreed to pay a $26,000 fine for failing to properly disclose spending on mailings opposing two Republican House candidates, the Federal Election Commission said Thursday.
      The Brady Campaign to Prevent Gun Violence Voter Education Fund didn't report $111,777 in spending to oppose Kentucky Rep. Ernest Fletcher's election, nor did it report $99,731 in spending against Pennsylvania Rep. Pat Toomey, according to the FEC.
      The mailings were sent to voters shortly before the 2000 election. The spending was supposed to be reported by the Brady group's Voter Education Fund to the commission within 24 hours.
      The group paid the civil fine last month.
      The Brady Campaign is named after Jim Brady, former press secretary to President Reagan. Brady was seriously wounded during a 1981 attempt on Reagan's life.
      Copyright © 2003, The Associated Press

SCHUMER SECURES $200,000 FOR "GEESEPEACE"
SOLUTION TO CANADA GEESE PROBLEM

Press Release FOR IMMEDIATE RELEASE: December 2, 2003
Geese overpopulation is a major health hazard to local residents and the environment
Federal funds will go towards "Geesepeace" program for New York that uses humane methods to stop Canadian geese from ruining parks and fields

     US Senator Charles E. Schumer today announced that he has secured $200,000 in federal funds for the US Fish and Wildlife Service to implement a Geesepeace program that works to alleviate the Canada geese overpopulation problem that threatens the health of local residents and the environment. Geesepeace is a national non-profit organization that uses non-lethal methods to reduce the number of geese and redirect them to areas where they pose less of a threat to people. The funds come as part of the agricultural appropriations component of the Omnibus bill released by Congress and have been earmarked to be used specifically for New York.
     " Canada geese are overrunning our parks and open spaces and their droppings are polluting our water and our land," Schumer said. "When you talk to anyone who uses local parks, playgrounds, open spaces, athletic fields and golf courses, you hear the same complaint, time and time again. That's why we need a solution to this problem and that's what we have with the Geesepeace program. It will control the goose population and keep our parks and open spaces clean, green and beautiful."
     Throughout the Hudson Valley, Canada geese droppings are both a major inconvenience and a hazard to local residents, as well as an environmental risk to the soil and water. Canada geese settle wherever they find grass and water, favoring cultivated areas such as parks and recreational facilities.
     Geesepeace uses environmentally-safe and non-lethal methods to reduce the number of geese and redirect them away from public places. The process includes close coordination with residents, and recruitment and training of volunteers. "Addling" of geese eggs – a process akin to spaying or neutering a dog in which the eggs are coated with oil – is the first step in the solution developed by Geesepeace and used successfully in many areas of the country. Schumer visited the Hudson Valley last year to promote the program and at the time vowed to fight for these funds. The $200,000 for Geesepeace will be split evenly between the Hudson Valley and Long Island.
     Geesepeace is a multi-faceted program that includes:
• "Addling" eggs. Reproduction rates can be decreased by interfering with the eggs' development.
• Goose "nuisance abatement" techniques. Dogs specially trained to carefully and safely herd geese can encourage them to move by chasing them on a regular basis. Bushes and other physical barriers are also effective in controlling the movement of geese.
• Public education program. Feeding geese only encourages them to linger in public areas so the Geesepeace initiative includes a public education component to help stop feeding of geese.
     The funding for the program was included in the Omnibus conference report released by Congress last week. The report is expected to receive final approval by Congress by the end of January. For more information on the Geesepeace program, please visit www.geesepeace.org.

December 1, 2003, For Immediate Release
      The Supreme Court has rejected an appeal of a California gun case today, leaving at 92 the number of gun-related cases it has decided upon in its history.
      The refusal to hear Silveira v. Lockyer leaves at 19 the number of cases mentioning the Second Amendment that have been decided since the landmark Miller v. U.S. case in 1939.
      Some news reports have erroneously stated that the High Court has been quiet on this subject, or that it has said nothing since the Miller case. In many instances these errors can be traced back to an inaccurate news release from the Associated Press.
      Overall the Court has handled 36 cases that name or quote the Second Amendment, another 14 cases discussing the right of armed self defense by individuals, and numerous gun cases concerning statutory interpretations, states rights, due process, search and seizure, double jeopardy and more. Since Miller, 60 cases have involved guns in some fashion, with the most recent in 2002 (Bean v. U.S.).
      All 92 cases are compiled and explained in a new book, Supreme Court Gun Cases, just released after six years of research. Copies of the 672-page book for news media use and review are free upon request, call 1-800-707-4020. Retail copies are also available at that number or go to http://www.gunlaws.com. Co-author Alan Korwin is available for interview, call 1-800-707-4020. For news background on the book Supreme Court Gun Cases go to http://gunlaws.com/SCGC-News.html.
      -------------------------------
Statement by Mr. Korwin, Co-author, Supreme Court Gun Cases
      "The Supreme Court had a unique opportunity in the Silveira case to flatly find against the individual American right to keep and bear arms, something it has never done. Despite news media reports, when you review all the cases, you find the Court has recognized an individual right to keep and bear arms, consistently, for two centuries. This is painfully obvious -- Americans are free to walk into gun stores nationwide and buy guns and ammunition, and have been for more than 225 years.
      "Reporters have unfortunately become so dedicated to wire service reports they miss the obvious, and infrequently if ever double check the wired releases. It's common though to hear them lament their inability to get the major services to make corrections for even blatant errors.
      "The only thing the Court can do at this point in history is reverse, and the wishing is increasing to have the High Court do that -- to somehow ban the gun rights millions of Americans sure seem to have and exercise on a daily basis. I do lament the diminution of rights today's action means for people living in the 9th Circuit, just as I welcomed the affirmation of rights in the recent 5th Circuit Emerson case. Why the High Court let that rift stand is beyond me. My guess is that they are waiting for a better case to use as an example."
      Contact:, Alan Korwin, BLOOMFIELD PRESS, " We publish the gun laws." 4718 E. Cactus #440, Phoenix, AZ 85032, 602-996-4020 Phone, 602-494-0679 FAX, 1-800-707-4020 Orders http://www.gunlaws.com

Quote from Tom King, President of New York Rifle and Pistol Association
All cases are not winners and this one wasn't. That is why the NRA didn't get in to it early and only supplied some money and an Amicus brief. The attorney handling Silvera had only had one other case of this magnitude that he successfully tried but was later overturned on appeal. The Conservatives on the court did not want to take this case because they were not sure about a clear-cut victory. There are two cases in the pipeline that are winnable and will result in a clear victory with a large vote margin.

Link to Handgun Control's Press Release: http://www.bradycampaign.org/press/release.asp?Record=527