Wayne Fincher Docket Updated

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The Missing Post

Thanks, Fodder!

Empathy

Thanks, World Examiner!

To Which I Replied...

Thanks, Existing Thing!

The Head Janitor

Thanks, WP!

We're Number Two!

Poor Oaktown is closing in on a record year for homicides. Up about 55% from last year. Approximately 555 in the last 5 years. I wonder how many they don't know about?

Fodder presents some interesting facts, including how Project Exile apparently has not stemmed the violence.

How shocking.

Just remember-- the vast majority of California's "Only Ones" endorsed Jerry Brown for AG, lying about his qualifications to control violent crime-- and in the process advocating citizen disarmament. These betrayers of the public trust aren't interested in public safety. Those in management are interested in career advancement. Rank and file supporters are interested in union contracts and benefits.

They knew what the dismal score was with Brown's record as Oakland mayor, and they lied to us anyway. And the hell with your freedom and your life.

These are the people who endorsed Brown's citizen disarmament agenda, fully aware of his and their utter ineptitude at preventing homicides and other violent crimes in Oakland or anywhere else:

California Police Chiefs Association, Peace Officers Research Association (PORAC), California Coalition of Law Enforcement Associations, Sacramento Police Officers Association, Sacramento County Sheriff, Modesto Police Officers'’ Association, Contra Costa Deputy Sheriff'’s Association, Madera Police Officers Association, Amador County Sheriff, Sierra County Sherriff, San Francisco Deputy Sheriffs Association, San Francisco Police Officers Association, Oakland Police Officers Association, Deputy Sheriff'’s Association of Alameda Country, San Jose Police Officers Association, Marin County Deputy Sheriffs Association, San Mateo County Deputy Sheriff'’s Association, Contra Costa County Deputy Sheriff'’s Association, Deputy Sheriffs'’ Association of Santa Clara County, Los Angeles County Police Officers Association, Los Angeles County Professional Peace Officers Association, Long Beach Police Officers Association, Association of Orange County Deputy Sheriffs, Huntington Beach Police Officers Association, Pasadena Police Officers Association, San Diego Police Officers Association, Deputy Sheriffs'’ Association of San Diego County, San Bernardino County Safety Employees'’ Benefit Association (S.E.B.A), Riverside Police Officers Association, Long Beach Police Officers Association, Fresno Police Officers Association, Kern Law Enforcement Association, Association for Los Angeles Deputy Sheriffs, Sonoma County Law Enforcement Association.

These are the people intent on keeping you and me disarmed.

"To serve and protect" my...eye.

Sex, Guns and Goldilocks

A man charged in November in connection with an Internet sex sting in Newtown is being held on a $750,000 bond for allegedly possessing an assault rifle.

Here's hoping he's not the one to present a Second Amendment defense:

In the mean time, we are utterly powerless to prevent a really wrong case from being made that will settle the matter (again, "legally") without our input and with overwhelming public sentiment agreeing with the decision--for instance, if a child molester files the suit.

That's the problem with waiting around for the Goldilocks case that's "just right"--you have no control over who else might beat you to the punch.

Just Like Boston

Hamilton County Sheriff Simon Leis said he supports a proposed program to curb gun violence in Cincinnati.

The program...dropped gun-related deaths in Boston nearly 70 percent in 18 months and has been replicated in about 20 cities around the world.

Sure it did:

Boston's homicide count last year not only hit a 10-year high, but also took one of the biggest jumps for a city of its size, a Globe review found.

Boston's death toll increased by 17 percent to 75, the sixth-highest percentage increase among 15 cities with comparable populations surveyed.

We're the Only Ones Enduring Enough

Philadelphia Police Endure A Night Of Gun Violence

But...but...but...

And I don't suppose non-"Only Ones" are enduring anything...

This Day in History: December 31

On this day in 1775, Patriot forces under Colonel Benedict Arnold and General Richard Montgomery attempt to capture the city of Quebec under cover of darkness and snowfall. They fail, and the effort costs Montgomery his life.

The Fix is In: Destroy Wayne Fincher

A man charged with possessing illegal machine guns shouldn't be able to make constitutional arguments at trial, according to a motion filed Friday by federal prosecutors.

Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in U.S. District Court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.

Trial is set for Jan. 8 in Fayetteville.

Assistant U.S. Attorney Wendy Johnson filed the motion asking U.S. District Judge Jimm Larry Hendren to preclude Fincher and his attorney, Oscar Stilley, from arguing matters of law to the jury as a defense. The government believes Fincher wants to argue the gun charges are unconstitutional and that the prosecution must prove an "interstate nexus" for the firearms, according to the motion.

Damn right--the Constitution has no place in America's courtrooms! Imagine, wanting to "argue matters of law" as a defense!

Here's how you can help.

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We're the Only Ones Strapped and Unstrapped Enough

It seems a lot of police officers don't wear their seat belts when they are driving their patrol cruisers. And researchers think that played a role in the number of police officers killed in crashes while working...Many patrol car seat belts tangle with gun belts worn by officers, causing some of them to choose access to a firearm over seat belt safety...

And those same "choices" are available to us non-"Only Ones," aren't they?

Wrongful Termination for 2A Advocacy

A former security researcher for the Pacific Northwest National Laboratory at Richland says he was fired for advocating gun rights.

Fifty-one-year-old Joseph Huffman of Moscow, Idaho, has filed a wrongful termination lawsuit in Benton County Superior Court. He says investigators monitored his Web sites to build a case against him.

He doesn't just "say"--he proves it.

Go get 'em, Mr. Huffman. He addresses the case, and denies the charge of unauthorized use of PNNL computers here. I don't know enough about his case, so I may be recommending something he's already got covered, but I hope his attorney subpoenas computer records to show other employees and managers routinely violating policy with no recriminations.

We're the Only Ones Scared to Death Enough

Thieves stole the gun and nearly $5,000 worth of other police equipment from the personal car of a Cincinnati police investigations supervisor earlier this month, according to a Cleves police report.

Acting Cleves Police Chief William Renner said his department has a lead on the thief who stole Lt. Michael Savard’s equipment sometime on Dec. 18 or Dec. 19.

“We taking missing guns seriously,” Renner said. “It scares us to death.”

Yeah, us too. Especially since us non-"Only Ones" can't have hidden guns in our "personal cars" in Ohio--even those whose names are published in the papers as concealed carry permit holders. Maybe they're afraid we'll leave them unattended in our cars where they could get stolen.

Too Good Not to Share

Thanks, Russ!

I appreciate it.

Reflections on Silveira

Part of the recent attack on me has focused on criticism of the Silveira case. While the commenters in this instance aren't high on my list of favorite people, it's undeniable that some very credible and respectable attorneys argued the case was a bad one to make. I'll get into that another time, as the inclination strikes, but would just offer these observations:

If we wait for the "perfect" case and the "perfect" court, we will never resolve this "legally." That happy convergence will simply never happen. In the mean time, we are utterly powerless to prevent a really wrong case from being made that will settle the matter (again, "legally") without our input and with overwhelming public sentiment agreeing with the decision--for instance, if a child molester files the suit.

And this is assuming that the initiative is taken by the "side" claiming 2A applies to We the People--if the government prosecution of, say Wayne Fincher argues he has no individual right, or if a lawsuit filed by Michael Bloomberg or the Brady Campaign predicates itself on establishing a national "collective rights" precedent, what will the Silveria critics do then?

The recent tempest over FAA asserting a "collective rights" interpretation of the Second Amendment should demonstrate that it's a legal argument the federal government is willing to make and/or uphold--as in California, where decisions at both the state Supreme Court and federal Ninth Circuit Court of Appeals have created exactly such precedent.

If there is one constant we can demonstrate about those who would render us disarmed, it's that they will not wait around for us to suit up for the game on our terms. They will bring the fight to us at the times and places of their choosing, again and again and again.

If there's one thing we can demonstrate about battles is, every war won by we Americans required going on a totally committed offense. It's, incidentally, why we haven't won one for over 60 years.

My position? If the government at all levels intends to deny us our birthright, I want to know about it, and the sooner the better. Perhaps it will galvanize us, perhaps not, but at least we'll know the score, with no further illusions that cynical faux leaders can use to manipulate us with. Perhaps, if the change in temperature is stark enough, the frog will jump.

If not, we're screwed anyway, but in a manner that humiliates us, robs us of our dignity as men, and conditions our children for enslavement by the example we set.

This Day in History: December 30

On this day in 1803, Francis Lewis, signer of the Declaration of Independence, dies in New York City, at the age of 90.

Mr. Connery, You'll Have to Check That Shotgun

Taking a lesson from the 1981 Sean Connery sci fi western Outland, which showed how dangerous it can be to mix guns with spaceflight, the Federal Aviation Administration wants to keep passengers from carrying firearms on rocket ships...

[T]he FAA casually and gratuitously endorsed the "collective right" interpretation of the Second Amendment, according to which the amendment poses no obstacle to gun control because it has nothing to do with an individual right to keep and bear arms, instead protecting states' prerogatives vis-à-vis their militias...

For supporters of the right to armed self-defense, them's fightin' words. Pro-gun-rights blogger David Codrea asked the FAA how it could reconcile this language with then-Attorney General John Ashcroft's statement, in a May 2001 letter to the National Rifle Association, that "the text and the original intent of the Second Amendment clearly protect the right of individuals to keep and bear firearms."

Well, this has certainly gone a lot farther than I'd expected. Let's see if interest evaporates or if it gains wider attention, the goal being to press the administration to explain itself and rescind the "collective rights" language.

Is the Story Getting Legs?

Via email fom SayUncle:

Check it out:

http://volokh.com/posts/1167404621.shtml
http://instapundit.com/archives2/2006/12/post_1331.php

Many thanks to these hugely popular blogs for picking up on this.

Shameless Plug: A Request for BIDS

NICS, whether "“improved"” or not, creates a record of gun purchases, that is, a de facto registration list of gun owners. And while current law prohibits retaining records, there are many lawmakers eager to change that.

What if it was possible to establish a system for clearing firearm purchases with no identifying information about lawful buyers?

The Blind Identification Database System, or BIDS, is designed to do just that.

"A Request for BIDS" is my Rights Watch column for the February 2007 issue of GUNS Magazine, up for bids now at at offering newsstands throughout the Republic.

BONUS: See page 108 to find out how you can win a "Kimber 1911 Desert Warrior with Crimson Trace Laser Grips, Insight M3 [light], Blackhawk Holster, belt and light holder and United Cutlery US Army Ranger Knife!"

Also in this issue: My review of Matt Bracken's gripping new novel, Domestic Enemies: The Reconquista.

[More on BIDS from WarOnGuns]

GUNS Magazine Review of Domestic Enemies: The Reconquista

Matthew Bracken'’s latest novel is a brave book.

It'’s brave because it'’s a sequel, and expectations from a readership that embraced his first book, “Enemies Foreign and Domestic, are high. It'’s brave because he believes in the grand purpose of the right to bear arms, and that runs against the mindset of mainstream publishers. And it'’s brave because Bracken makes a harsh prediction of where this country is headed should the unchecked flow of illegal immigration not be halted and reversed.

My review of Matt's outstanding new effort appears on page 88 of the February 2007 issue of GUNS Magazine, on sale now at friendly domestic newsstands throughout the Republic.

Further Thoughts on the Bush 2A Reversal

I made a comment yesterday over at SayUncle's that I realized I had not yet articulated here on my own site, regarding the "executive office of the president" approving a "collective rights" interpretation of the Second Amendment in its claim of authority to regulate weapons on spacecraft:

[I]f the pres simply wanted to keep guns off spaceships, they didn't need to bring in the "“collective rights"” language. Re-read Ashcroft'’s letter--–he gave them the out to effect a ban with his "“compelling state interest"” rationale. That'’s all they'’d have needed to say and it would have legally stuck. They didn'’t need to address either a collective OR an individual right. But somebody did, and such inclusions are rarely accidental, which means there was intent, which implies motive...

The way I read this is, should a legal challenge to the authority of these regs be issued, the argument the administration will make will be based on the collective theory. I don't know any other way to look at it. And if that sticks, it will hurt us a lot more than if their defense was "“compelling state interest."”

Understand, I'm not defending "compelling state interest," because, as practiced by the Bush DoJ, just about any existing law would be prosecuted or defended against under that banner. I'm merely observing that the administration did not need to go out of its way to embrace "collective rights"--the identical position as every enemy of the individual right to keep and bear arms.

Had they quietly announced the rules claiming authority under "compelling state interest," they would have probably slipped in completely under the radar--although aside from this blog and its few supporters, they essentially have anyway.

We're the Only Ones "Calm and Assertive Pack Leaders" Enough

A deputy constable is now out of the hospital after accidentally shooting himself in the foot Thursday morning...

"Attempted to bite me and actually grabbed a hold of my foot and part of my leg but never broke the skin. That's when the dog turned toward the constable and the constable fired one shot at the dog and actually shot himself in the foot," said Day.

If that dog had wanted to bite you, it would have bitten you. It figures, The Only One and the repo gang blunder in, do everything wrong to provoke a fear reaction from the animal, and then blame the owner and the dog for its natural response. Sounds like these guys could have benefited from National Geographic Channel's "Dog Whisperer" marathon yesterday, and of course, Deputy Constable Limpy has no more business being around guns than he does dogs.

[Via KABA Newslinks]

Letter from Wayne Fincher

From the Sebastian County Jail

[In response to AFV editor’s request, this is a day in the life of Hollis Wayne Fincher inside the Sebastian County jail.]

I am doing OK here in jail. It’s not where I want to be, but it’s where I am and I try to make the best of it.

The temperature is pretty constant, probably near 70 both day and night with a few warmer and cooler spots here and there, but no problem.

The light after 10 o’clock [PM] is subdued and about 6 o’clock [AM] it is turned on bright all day and is OK for reading or writing. About 7, we are let out of our cells for breakfast, which might be about a cupful of oatmeal or grits and a piece of bread, some gravy and a tablespoon of margarine, a half pint of milk and some about 50% strength coffee. We go back to our cells for a while and then may be let out for maybe an hour, more or less, and then back to our cells until dinner at about 12 [noon].

Dinner might be some macaroni or beans or peas or sometimes a hamburger (a bun, a piece of meat and a slice of cheese with a tablespoon of mustard) and a small dessert.

A typical dinner might be maybe a half cup of salad or chopped cabbage, some beans, some margarine, two slices of white bread and some kind of meat with a small tub of applesauce and some tea.

After dinner we are sent back to our cells until about 2 [PM] or so, then let out again for a half hour to over an hour and then back to our cells until supper at about 5 [PM] for 30-40 minutes, and then back to our cells until morning.

While the food varies from day to day, it remains pretty much the same. On a scale of 1 to 10, I would say that it is about a 5. It is not bad food, but there is nothing much to complement it for. The food is supposed to be 2000 calories a day, but some days, I doubt if it makes it. Some days it might be a little more.

The bedding is like the food – adequate, but no more; an wool army blanket, a bed sheet and a cotton mattress about 30 inches wide and about 3-1/2 inches thick. Showers are open every day and you can shower nearly every day with a bit of luck. Soap, a toothbrush, toothpaste and toilet paper are provided. Other supplies can be bought at the commissary. Every one complains about the prices. I only buy a few things; paper, stamps and a very few other things. I buy no food.

We can attend in house church a couple of times a week, sometimes more. I talk to other prisoners about their need for Jesus to save them. Some take heed and are willing to listen and some go to their cells and pray. I have a Bible. Most anyone who wants a Bible can get one with out much trouble.

It is somewhat unpredictable using the phone. There are three phones for about 50 prisoners. The phones are open at meal times and the timeout of our cells, but it is a real hassle to use one with any regularity or dependability. In the visitation rooms the noise makes coherent conversation nearly impossible to take care of family needs and the 15 minute time limit is a contemptible mockery of compassion for the families of prisoners who sometimes have to travel quite a distance from home to visit their loved ones.

To sum it up, the jail is designed to provide a place to hold prisoners at the least amount of cost to the county, at the lowest acceptable level under the law.

Dear Loretta, I saw Linda for a few minutes today and she said things were looking very good, but could not elaborate.

Loretta, you and Paul and Teresa Dramer and many others are the light that shines into the darkness of tyranny.

I pray that God blesses you all and please continue to pray for me.

Yours in Jesus Christ our Lord
Wayne Fincher

Source: American Family Voice news, P. O. Box 127, Russellville, AR 72811; 479-880-2026; americanfamilyvoiceATyahooDOTcom; Subscriptions: $25/yr

Fincher's "crime," of course, is for (allegedly) exercising an individual right to keep and bear arms.

The text below is from a recent appeal written by Dale Morfey of Fort Smith, AR:

Wayne’s legal fight will likely be long and costly. Wayne and his family are already doing the heavy work… will we at least pick up the slack? What is this country… what is the Constitution worth to you?

For this time in American history, you were born. What will be recorded about your actions?

The Wayne Fincher Defense Fund
c/o Mr. Don Bright
2225 No. Mockingbird Ln,
Fayetteville, AR 72703

Want to help Wayne on a very personal level? Write him a letter of encouragement.

Hollis Wayne Fincher
c/o Sebastian County Jail
801 South A Street
Fort Smith, Arkansas 72901

I am praying that you will take meaningful action today… and also let as many others as you can know about Wayne’s case.

[Via Joe & Barb McCutchen]

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This Day in History: December 29

On this day in 1778, British Lieutenant Colonel Archibald Campbell and his force of between 2500 and 3600 troops, which included the 71st Highland regiment, New York Loyalists, and Hessian mercenaries, launch a surprise attack on American forces defending Savannah, Georgia.

Phillipines: We're the Only Ones Exempted Enough

THE Commission on Elections yesterday began accepting requests for gun ban exemption.

James Arthur Jimenez, Comelec spokesman, urged gun owners to come forward and apply for an exemption from the gun ban, which takes effects on Jan. 14 until June 13 next year.

Security agencies, members of the National Police and the Armed Forces, and security personnel for government officials could be granted an exemption, Jimenez said.

Citizens...? Anybody see anything about exemptions for citizens...?

[More from "The Only Ones" files...]

Sniff Dogg Redfines Hypocrisy and Gall

Snoop Dogg has called for a world gun amnesty.

The rapper - who was arrested in October for possession of drugs and a firearm - wishes the planet could be free of guns so no more lives could be unnecessarily cut short.

Sure thing, Sniffster. You first.

Return from Mountain Paradise

What a great mini-vacation. The kids hardly ever see snow, and we got it, about 8" yesterday. I'd forgotten the magic of walking through a heavy snow (when I was living in it, it hardly seemed magical), and I was delighted to find that with purpose and discipline, this old man can still outpace two teenagers.

I got a chance to catch up on some reading, enjoy some good Cabernet and an excellent maduro and single malt, and just generally have nothing to do--which for me is an almost alien experience.

The drive back down was picture perfect. The road was plowed and the sky was blue, and the switchbacks hardly iced at all, even in the shade.

If I had access to the internet, I could probably find some reasons for never coming back down...

This Day in History: December 28

British troops commanded by Major James Henry Craig are posted at John’s Island, just outside of Charleston, South Carolina, on this day in 1781. Craig had evacuated his troops from Wilmington, North Carolina, a little over a month earlier on November 14. The Patriots planned to remove Craig and his men from the island with troops led by Lieutenant Colonel Henry “Light Horse Harry” Lee and his famed cavalry from Fort Ninety-Six in the South Carolina backcountry. Lee aborted the attack when a column led by Major James Hamilton arrived too late and was unable to cross the Wapoo River, which was only fordable once or twice a month.

Banned Forever!

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As a rule, I stay away from forums. While there are some notable exceptions, I've found too many of them are simply places where the closed-minded congregate to insulate themselves from anything that challenges their preconceptions. Too much nastiness and not enough thought go into many of the posts, and it's clear that many comments are the results of hip shots based on other posted comments rather than actually considering what the original source of the discussion had to say about a subject. That's why you'll find--in some of the forums discussing the Bush administration approving the "collective rights" theory of the Second Amendment as justification for its new space flight security rules--the major premise is ignored in favor of people ridiculing guns on spacecraft--a debate topic for another day, to be sure, but only incidental to the topic I was writing about.

But then you get acts of actual sabotage, where the poster knows damned well what he's doing, and whether out of fear or hatred, lashes out with lies, ad hominem attacks, and proclamations that are simply and demonstrably wrong.

Meet NRA grassrooter Mike Haas, someone who has been vocal at attempting to derail just about every Second Amendment activism effort I can recall being part of over the past 10 years. I'm not sure if it's pathological with this guy or if he simply views any new ideas that don't come from his camp as threats, but the guy's a Fairfax worshipper of the first order. Fortunately, he's also incompetent and dishonest, so his attacks are easy to defeat simply by presenting the documented truth.

Because I've been banned for "insulting" him from CalGuns forums, (and from accessing the website itself--at least from my home computer) and because CalGuns.Net will not allow a man who's been attacked to defend himself, which is pretty telling about their mindset, I'm presenting my rebuttal to Haas' baseless attack here:

Response to Mike Haas

I note Haas has not addressed what I actually wrote, just went straight into character assassination. That's one of the oldest deflection tactics in the book. I see some of you have opted to take his side just because, which is your choice and your right. If anyone here is interested in looking a little deeper, read on.

I've never joined a forum before, because they are typically not the most effective means of using limited time if my goal is to reach a wider audience--and the only reason I'm posting here is to defend myself against an unprovoked attack. I probably won't be back, but in any case will not even be able to check for a few days because I'm heading to the mountains with no computer access. We'll see if open minds are receptive to a counter to Mr. Haas' peculiar venom. And for the record, he never contacted me first--something I've done and documented numerous times when I've had differences with NRA.

Stick to the topic I actually wrote about if you're going to "debunk" what I said, Mike. Yes or no, did the FAA cite the "collective rights" theory of the 2nd Amendment as their legal justification for imposing their rules, and yes or no, did the Sr Counsel for the FAA say that this was approved by the executive office of the president? You don't have to be a legal scholar or have some sort of special qualifications to "interpret" that, Mike. Answer those basic questions.

Where to start? How about me being "one of the most anti-NRA entities one can encounter." Note he hasn't given you an actual example of one of these "attacks" because, then you might have to look at the uncomfortable fact of whether or not what I said was true--for instance giving anti-CCW sheriff candidate Bill Brown in Santa Barbara an A rating. The fact is, I AM the NRA--life member,former members council officer, long-time volunteer and financial contributor--you can read my position on that here:
http://waronguns.blogspot.com/2005/08/im-nra.html

Then there are the fabricated LIES, yes, I said "lies"-- about our petition effort. It's still online on KABA. Go ahead, Mike--out of all the entries at http://www.keepandbeararms.com/petition/, please point everyone to the fundraising appeal--that's what you told them we were trying to do. Good Lord--coming from an NRA management apologist with their interminable fundraisers, that sounds kind of like a pimp calling me a slut. The point of our petition was also well explained, and we never pretended it was one of those "official" ones Mike wants to belittle us for not being--gee, kind of like those appeals and cards and things NRA management sends its members to contact our representatives--along with a plea for more money. We were pretty proud of our effort, actually, Mike--got some national press, got mentioned twice by Wm F Buckley, writtten up several times on WorldNetDaily, and got responses from every state in the union--over 30,0000 of them, which, while a number you might laugh at in your superiority, ain't bad considering IT WAS ENTIRELY SELF-FUNDED and with all work done by basically 3 people. I personally spent a couple hundred out of pocket. I do recall one or two people enclosed 5 bucks or so. And, oh, keeping names and addresses is now "illegal"? So NRA management will destroy their lists? Hey Mike, you missed again--we kept no names and addresses--we sent them all to Mr. Ashcroft. How can I prove that? Not directly, but indirectly--find ONE Ashcroft petition signatory who says we then used the petitions to send him junk mail or spam. You can't Mike, because you don't know what the hell you're talking about. Oh, and a "PS" I almost forgot--you know who else supported the petition--publicly--wrote me a nice letter, wrote about it in his column, and even signed up supporters at his class? The late Col. Jeff Cooper. So I'm pretty comfortable with the company I kept on that effort. Mike.

You want to talk Silveira now? How it had such a losing streak? As opposed to the winning streak on 2A Mike and his friends have achieved? Take a look at why the 9th circuit said it didn't have standing--gee--couldn't have anything to do with PRECEDENT established in prior losing efforts that those friends engineered, could it? We had a unique effort and we were right--and we had a lawyer doing the scholarly work who had actually been part of a winning Supreme Court effort, and who, unfortunately, died shortly before cert was denied. We can't rehash the whole thing in this forum--if any of you have the time, the whole thing is still over at KABA and you can see for yourself what we said and did, and again, I'm proud of that effort and the people I worked with as an unpaid volunteer, as was Angel, who Mike hates, which may explain some of this, and Brian Puckett. But here's the one thing I want those reading this to walk away with: Silveira established no new precedent, as Mike seems to indicate with the "damage" he accuses us of almost doing--and for someone who questions MY legal acumen and talent, "the defendant" who "was hardly the ideal gun owner" in the Silveira case was the state of California, Mike, via AG Lockyer and Grey Davis, and Sean Silveira et al were the PLAINTIFFS. So you again don't know what the hell you're talking about. But let's take a look at the character of these "defendants" Mr. Haas would have you doubt just based on his say-so--you know, the "less than ideal" gun owners. It's copied directly from the complaint.
33. Plaintiff JACK SAFFORD is a resident of Corning, California, husband and father, and owns substantial acreage/farm land. He owns his own insurance agency and is a model citizen. He is a graduate of California State University, Chico.
34. Plaintiff SEAN SILVEIRA is a resident of Marin County, California, husband and father of two, and owns real property in Marin. He is a civil engineer, model citizen, and a graduate of California State University, Chico.
35. Plaintiff PATRICK OVERSTREET is a resident of Marin County, California, husband, and owns real property in Marin. He is employed by the San Francisco Police Department as a S.W.A.T. officer, and a graduate of California State University, San Diego.
36. Plaintiff DAVID K. MEHL is a resident of Sacramento, California, husband, and owns real property in Sacramento. He is a chemical engineer, graduate of the University of California, Davis, and a model citizen.
37. Plaintiff SGT. STEVEN FOCHT is a resident of Placer County, husband and father, and owns real property in Placer County. He was a Marine Corp sniper who performed military functions in Desert Storm, Rwanda, Ethiopia, Kenya, Thailand, in addition to Mogadishu,Somalia. He was honorably discharged, and currently a Sergeant in the California Army National Guard. He is a model citizen.
38. Plaintiff SGT. DAVID BLALOCK is a resident of Sacramento County and owns real property in Sacramento County. He was assigned to the 82nd Airborne Division who is a Purple Heart recipient from combat injuries (AK 47 round through his arm) occurring in the Noriega police operation (invasion of Panama) and currently a Sergeant in the California Army National Guard. He is a model citizen.
39. Plaintiff MARCUS DAVIS is a resident of Sacramento, California, husband and expecting father, and real property owner. He is mortgage broker, graduate of the University of California, Davis, and a model citizen.
40. Plaintiff VANCE BOYCE is a resident of Colusa, California, husband and father, and real property owner. He is a of California State University, Fresno.
41. Plaintiff KEN DEWALD is a resident of Paradise, California, husband and father, and real property owner. He was honorably discharged from the Air Force, and is currently employed as a California Correctional Officer and a model citizen.

Go ahead, Mike, you ignorant fraud. Tell your admirers on this board how these "defendants" are "far from ideal gun owners".

Now we can get into my recommendations of "civil disobedience"--you know there's no tradition of that in forging freedom for this country--no, I'm sure Thoreau and others would have applauded NRA grassroots having DOJ reps come before their membership to tell them the 2nd Amendment is not an individual right, and then demand they fill out registration forms for property they already lawfully purchased and owned. Yep, guilty as charged, and proud of it--because we've seen through the Bill Doss example how NRA's lawyer provided the escort service to surrender that registered weapon to the state. I don't know what the hell good Mike thinks 2A is if it means we're just going to obey every order the govt issues to us--including surrendering our firearms to the state on demand. If that's your idea of skillful activism, Mike, go for it. Me, I'll defy and resist and disobey, and live with the stinging pain of having incurred your bitchy and impotent scorn.

I guess we could now get into a debate on what kind of talent I AM close to possessing, but you know what, Mike? I really don't care what you think about me. I play damned well with others--that is, with men and women whom I respect. And I don't consider us on the same "side" Mike--You publicly lie about people and their efforts, and you don't know what you're talking about. I want as far from that side as I can get.

I'll be back in a few days. Feel free to use it to your best advantage. Someone who lies and doesn't know what he's talking about doesn't worry me too much.

Just see if you can nail him down to address the specific points I made in the article he used as the catalyst for his stupid, ineffectual attack.

David Codrea

One final word to those who are members and supporters of CalGuns Forums: Do you like being fed demonstrably false information, and then having what you're allowed to see and comment on manipulated and censored? Do you think it's fair to attack a person, his efforts and his reputation, and then prohibit that attacked party from presenting the truth? Then you've found the right place. Enjoy your association with such transparent and malicious propagandists.

Me, I'm not afraid of entering the lion's den, alone and against all they can muster, but surface appearances indicate they're afraid of me--even on their own turf. And unlike those cowardly gatekeepers who manipulate what they will allow you to consider in a debate, comments here at WarOnGuns are open--I think with the exception of some spam, a few pornographic comments and some ill-advised statements that might be construed as threats, I've never interfered with anyone saying anything--including comments highly critical of me.

I'm even going to be gone for a few days without computer access, so now's the time to get your cheap shots in, boys, and I use that term deliberately. You have something to say? Go for it.

That includes you , Mike.

The Wrong Hands

Anti-gun violence activist Lisa Price doesn't want to ban all guns. The wife of U.S. Rep. David Price, D-4th District, simply wants to prevent guns from falling into the wrong hands, she said...

That would be yours and mine...

While Price said she anticipates opposition in the House from lobbies of organizations such as the National Rifle Association, a spokesman for the NRA told The Herald-Sun he sees nothing wrong with tightening laws to assist law enforcement.

No. No, of course not.

We're the Only Ones Filial Enough

The son of Kalinga Gov. Dominador Belac Sr., who is also a rookie policeman, was arrested for firing his gun in Baguio City before dawn Monday, DZMM reported.

Wherever you go in this great wide world of ours, you'll always find "The Only Ones"...

This Day in History: December 26

At approximately 8 a.m. on the morning of December 26, 1776, General George Washington's Continental Army reaches the outskirts of Trenton, New Jersey, and descends upon the unsuspecting Hessian force guarding the city. Trenton's 1,400 Hessian defenders were still groggy from the previous evening's Christmas festivities and had underestimated the Patriot threat after months of decisive British victories throughout New York. The troops of the Continental Army quickly overwhelmed the German defenses, and by 9:30 a.m.Trenton was completely surrounded.

Merry Christmas 2006

To regular visitors: Thank you for the valuable gift of your time and attention, and the wisdom of your comments.

To newcomers: Welcome. I hope you consider what you've found here has merit, and that you'll return.

Now go be with the ones you love. I hope you all have a wonderful Christmas.

This Day in History: December 25

And such they are--and such they will be found:
Not so Leonidas and Washington,
Their every battle-field is holy ground
Which breathes of nations saved, not worlds undone.
How sweetly on the ear such echoes sound!
While the mere victor's may appal or stun
The servile and the vain, such names will be
A watchword till the future shall be free.--Byron

"Just a Victim of Circumstances"

A funeral was held Saturday for Willie Posey. Posey was the bodyguard and friend of Chicago Bear Tank Johnson.

Many relatives attending the funeral spoke out against guns and violence...

"As a great man, a great father figure. I looked up to him growing up. It's just, you know, wrong place at the wrong time. That's how I feel. Just a victim of circumstances, basically," said Jerry Sanders, Posey's cousin.

Yeah, blame guns and circumstances. It's not like we have any control over choices we make in life or people we associate with.

We're the Only Ones Sobbing Enough

A policewoman's gun and badge were stolen from her New York City home as she slept -- and the bandit apparently also made off with her car...

"My son and I were asleep upstairs," she said. "I thought I was safe in my own home because of the work I do," she said later.

Neighbors said the 10-year veteran officer sobbed as she spoke about the break-in, The New York Post reported.

OK, I'll give up my guns and trust this hysterical wreck of an hormonal "Only One"-- who can't even protect herself and her own family-- to protect me and mine.

And watch any misuse of that stolen gun exploited by Bloomberg & Company as further reason to disarm us all.

Apocalypto

Saw it yesterday. Loved it.

I was initially not interested, wondering how Gibson could possibly have us empathize with people so culturally remote from us. Not a problem. There were times we were laughing so hard along with the characters on screen I was gasping, and, of course, times for other intense emotions.

Yes, it's not for the visually squeamish, and yes, I took the kids, 12 and 15, who have been raised properly and know how to view such things in proper context. They thought it was great.

Love, hate, individualism, courage, family, good, evil, blinding societal hubris, and especially allegory--they're all here. Two M1 thumbs up.

We're the Only Ones Audited Enough

Tuxedo Park has hired a forensic accounting firm to sniff out any "possible village monies or property allegedly stolen by former employees" of the police department, according to a resolution passed by village trustees last week.

But I thought they were "The Only Ones" who could be trusted with...

[Via Declan]

Dial "B" for BATFU

By now you've probably heard of suggestions by Wayne LaPierre and others to call the BATFU hotline and report Michael Bloomberg's self-proclaimed "straw purchases."

Tommy Sherman tried it, and here are the results:

David,

I called the ATF 800 # hotline to complain about Bloomingberg's obvious violations of the laws in his straw purchase scam. The call was answered in DC by a booger picking dweeb that wasn't the least bit interested in taking any calls about any illegialities. I was transferred to another dweeb in DC that referred & transferred me to the NY ATF office. No one answered at NY, obviously too busy out investigating minor infractions.

Tommy Sherman

Nah, I'm sure they're just all hot on the trail of Mark Wahlberg...

"Shooter"

Well,
well,
well...
Pokey-Poke with another gun...

Yeah, those "props" sure look fake...I'm sure there'd be no way to talk to the production people and determine if they were.

I mean, it's not like he's Wayne Fincher, and they have a newspaper photo of him or anything...


Poster © Paramount Pictures. All Rights Reserved.

This Day in History: December 24

On this day in 1745, patriot, physician and social reformer Benjamin Rush is born in Byberry Township, Pennsylvania. The two great "Benjamins" of the revolutionary generation, Benjamin Franklin and Benjamin Rush, shared status as Renaissance men and Philadelphians. Despite Franklin's greater fame, Dr. Rush was actually the better-educated, more widely traveled and more broadly experienced of the two.

Merry Christmas, Wayne Fincher

I'm also sending him some paper, envelopes and stamps--we'll see if they let him keep those.

They didn't.

I can't think of a single legitimate security reason for denying an inmate paper, envelopes and a handful of stamps, and am surprised the ACLU hasn't challenged this practice on First Amendment grounds.

Heartless pricks could have at least passed my letter on to him, to let him know people are thinking of him. I get this back the afternoon of the 22nd, and there's no way to get him a new message by Christmas to assure him he's not been abandoned. Here's what my letter said:

Dec. 8, 2006

Dear Mr. Fincher,

I hope this finds you strong. I just wanted to write and let you know that you have not been forgotten. I have included copies of what I have been posting on my blog, The War on Guns, since learning of your persecution.

Note that some of these are merely links to other sites, which I have not pasted into this letter—in those cases, just be aware that others are writing about you as well.

I don’t know if they will let you keep such things, but I am enclosing a few extra sheets of paper, envelopes and stamps for your use in case they do.

You will be in my prayers, and in the prayers of others.

Respectfully,

David Codrea

I'll try again, this time without any extras.

Related Posts

We're the Only Ones Correct Enough

City police arrested a state correction officer allegedly for possessing cocaine and a handgun.

Jeffrey M. Matthews, 36, of Watervliet, was already suspended without pay at the time of his arrest, said Linda Foglia, spokeswoman for the state Department of Correctional Services. She declined to say why, though Troy police reports state he was suspended after an earlier arrest in Albany.

Doesn't sound very self-correcting, does he?

[More from "The Only Ones" files...]

Padre Pistolas

This jolly 240-pound man isn't dressed in red, and he doesn't rely on reindeer to pull a sled. Instead, he drives a pickup and packs a .38 pistol as he delivers toys. And though he looks like a cowboy, he's a man of the cloth.

Meet Alfredo Gallegos Lara, the parish priest of tiny Chucandiro, in the central state of Michoacán, 200 miles west of Mexico City. Dubbed "Padre Pistolas" (Father Guns), the towering, singing priest will deliver toys to the neediest children this holiday season and bring smiles in a region torn apart by heavy migration to the U.S. and a violent turf war between drug traffickers...

And here's the money quote:

"But we judge for his actions, not for what he says, and he does more than any other priest, certainly more than the government."

Don't Call it "Extortion." Call it a "Public/Private Partnership"

Mayor Michael Bloomberg announced Friday that the city will team up with a South Carolina gun dealer to make sure guns do not fall into the hands of criminals on New York City streets.

Go "team"!

Wayne Fincher Docket Posted

From Paul W. Davis:

The Docket for Wayne Fincher's case is posted at the following url:

http://usvfincher.110mb.com/docket/

Wayne's attorney has already seen this and approved. Please give this the widest dissemination possible.

I will be working with another individual to keep this updated.

Related Posts

This Day in History: December 23

On this day in 1783, following the signing of the Treaty of Paris, General George Washington resigns as commander in chief of the Continental Army and retires to his home at Mount Vernon, Virginia.

Bush Administration Reverses Ashcroft Interpretation of Second Amendment

I received an email reply to my inquiry about the FAA declaring the Second Amendment a "collective right" in their recently issued spaceflight security regulations.

Dear Mr. Codrea:

Thank you for your comments on the human space flight requirements. This rule, including its security requirements, underwent coordination and review within the executive branch. It was reviewed and approved by the Executive Office of the President.

Your comments will be placed in the docket.

Sincerely,

Laura Montgomery

Laura Montgomery
Senior Attorney
Office of the Chief Counsel
Federal Aviation Administration
(202) 267-3150

This is what I sent back:

Dear Ms. Montgomery,

Thank you for your reply. You did not say who in the executive branch signed off on the security requirements, but I must assume they would not authorize policy that conflicts with the chief executive's direction and approval. Just so I don't misconstrue the position you appear to have articulated, am I to understand that the president of the United States considers the Second Amendment to be a "collective right," and the "individual rights" opinion AG Ashcroft stated during his tenure is not the official position of the Bush administration? And who in the executive branch approved the requirements on behalf of the president?

Sincerely,
David Codrea

When John Ashcroft penned his "individual rights" opinion, it made headlines around the world. Terms like "sea change" were thrown about, and we were told how significant the opinion was for gun rights. The Bradys went nuts. 18 state attorneys general followed suit and drafted their own letter of concurrence. And this was used to tremendous advantage to convince gun owners to throw their support behind the Bush administration.

But now we have it from one of the top attorneys in that administration that the "collective rights" language "was reviewed and approved by the Executive Office of the President."

Ladies and gentlemen, most will not realize this, but this is news, and it is significant. But chances are, this insignificant blog is the only place where you will learn of it, which means most gun owners will not.

Proof that it's the Gun's Fault

Three members of an armed teenage gang who killed a woman as she cradled a baby at a christening party were illegal immigrants with a string of convictions.

And that's why we need to keep you from having a gun. See, it all makes sense now.

Diverting from the main topic, here's something else the "authorized journalists" do that has bugged me for a long time:

A 17-year-old, who cannot be named for legal reasons, was convicted of murder.

If I have a budding Jeffrey Dahmer living near me, or some twisted little emo who sets fire to kittens or molests pre-schoolers, I'd just as soon know about it, thank you very much. Crusading editors have no problems publishing names of CCW holders for "the public good", but seem to think the age of the monsters among us require some sort of special protection--"for the children."

Gun Buy-Back Could Reduce Violence

Sure it could.

And if "ifs" and "buts" were candy and nuts, we'd all have a Merry Christmas.

Unwholesome and Offensive

Not only will the sale of guns be prohibited in the village, but also within a mile of Addison...

Village attorney George Marchetti said a state statue allows any village to prevent guns from being sold within a mile of that town.

“I believe the village has the discretion to determine that firearm sales are an unwholesome and offensive business,” he said...

[Mayor Larry] Hartwig said he doesn’t believe in the sale of guns and wants to protect residents from dangerous weapons.

The village has a webpage where they invite citizens to "Ask Mayor Hartwig" questions for his monthly cable access show. I would, but the only things I can think to say are unwholesome and offensive.

[Via HZ]

More Neocon Kool-Aid, Please...

But if Giuliani can make those issues seem secondary to a broader defense of American civilization, he's got a chance to go all the way.

Not if activist gun owners sick and tired of "moderate" republican treason have anything to say about it. We might as well vote for Sarah Brady.

You idiots just lost both houses and it looks like the presidency will be a democrat slam dunk. Here's the way things are turning: Enough of us--the critical mass by which most elections are won or lost--aren't falling for the "lesser of two evils" fear tactics that have served GOP apologists so well for all these years. The hell with that and the hell with you.

We don't get what we want, you don't get what you want. We'll just have to hold on and defy any new bans. There aren't enough JBTs to come after all of us, and if it's tried, my bet is the frog will finally jump. I think those who have been maintaining the illusion that they are in control fear that--or will learn to.

Sanctioned "dissenters" like Jonah Goldberg being passed off as voices of conservatism is one of the great frauds perpetrated by the "authorized journalists." That and NRA being extremist and unyielding on the Second Amendment.

This Day in History: December 22

On Friday, December 22, 1775, the Continental Congress creates a Continental Navy, naming Esek Hopkins, Esq., as commander in chief of the fleet.

MRI Busters?

An incident recently occurred at an outpatient imaging center in western New York State, in which a firearm spontaneously discharged in a 1.5-T MR imaging environment with active shielding. To our knowledge, this is the first documented case of such an occurrence. The event confirms previously reported theoretic risks of a firearm discharging in an MR imaging environment [1]. In this report, we examine the incident in detail from the official police and ballistic reports

I saw this over at SayUncle a few days ago and I just now remembered it.

Yeah, I guess, but I'd still like to see the results duplicated on Mythbusters before I totally buy into it. I mean, it's not like we haven't seen "Only Ones" and negligent discharges before...again and again and again...

I guess the way you submit stuff for testing is to join their message boards--no time here, but someone else feel free. Tell me you wouldn't watch that show...

We're the Only Ones Careless and Careless Enough

An RCMP officer will be sentenced in February for careless use of her 9-mm pistol after shots were fired inside her home during a domestic dispute.

"Shots" plural?

As in multiple deliberate actions?

I wonder if that behavior would be classified as "careless" if a non-"Only One" had done it?

And the "No, Duh!" Award Goes to...

Gun Dealer Suspects Illegal Arms Trade Widespread

Ya think?

You want "gun violence"? Keep making them illegal and you'll get more "gun violence" than you know what to do with.

Yeah, You're Right. It's the Culture's Fault

A teenager who was shot dead by her former boyfriend was the victim of Britain's gun culture, a coroner said yesterday.

Individual choice obviously had nothing to do with any of this.

A Blunder Down Under?

A review of gun laws a decade after the Port Arthur massacre has found all states and territories have breached the national firearms agreement.

Now hold on just a dang minute here...

We were told a week ago that Australian gun laws are responsible for reducing all kinds of mean and nasty things in the past 15 years...

Now we're told those laws weren't enforced. Pretty darn near universally, it seems.

My head hurts.

"Not Guilty." But We'll Just Hold on to this Gun...

[Use BugMeNot to bypass site registration]

FARMER Padraig Nally, who was last week acquitted of the manslaughter of a Traveller is now hoping to get his shotgun back.

The single-barrel hunting piece, once owned by his late father, Patrick, dates from the 1930s and was used by both Patrick and later Padraig, to shoot vermin on the farm.

It was also the weapon Padraig Nally used to shoot John Ward on his farm at Funshinagh, Cross, on October 14, 2004...

Mr Nally has indicated he is worried about retaliation, a fear shared by the Garda authorities who have been in touch with him about security.

Just so we're clear: He defends himself at his own home and is arrested and tried. Even after being acquitted, with a credible likelihood of revenge against him acknowledged by the "authorities," they still won't return his property so he can defend himself.

This is the outrageous state some would reduce us all to--if we let them.

Oh, did I mention? Other accounts reveal Ward went by the aka "Frog," that he had over 80 prior criminal convictions, four outstanding arrest warrants, 11 children...

Green Party: Stupid or Evil?

A gun lobby group says licensing firearms is ineffective in controlling a black market.

The Green Party is calling for tougher gun control legislation after more than 500 military-style semi-automatic and automatic weapons, pistols and machine guns were confiscated on Wednesday from 55 properties located between North Auckland and Canterbury.

Oh, I don't know--we've seen how effective licensing cars has been at stopping the stolen car market in its tracks...uh, wait a minute...

[A] restricted firearm sold on the black market is worth 10 times its normal value.

Imagine how prices would soar were guns totally outlawed for civilians, as these subversive 10-year-old girls really want. Think of the violence and turf wars and dynamic entries and police state expansion we'd see then, and how many people desperate for some means of protection, would become persecuted "criminals."

"The Green Party"...why do they remind me of "smart herbivores"?

Fascist busybodies...

This Day in History: December 21

On this day in 1761, Revolutionary War hero and faithful Patriot Robert Barnwell is born in Beaufort, South Carolina. Beaufort enthusiastically participated in each stage of his country’s revolutionary coming-of-age.

I think History.Com made a mistake here, and it should read "Barnwell enthusiastically..."

"pH Factor" Reaching Point of No Return

Celebrity bad-girl Paris Hilton and social networking website Bebo were the hottest topics on Google in 2006, the superstar online search engine revealed.

Just in case you were wondering why Western "culture" is in the sorry mess it is...

NRA Sides With McCain on "Gun Show Loophole"

Here's what NRA tells politicians seeking their favor:

The NRA does not oppose an expansion of instant checks to firearms sales by non-dealers at gun shows, as long as such checks are made readily available and conducted in a non-bureaucratic and speedy manner (within 24 hours) to account for the unique and temporary nature of these events.”

Compare that position with the one they tell the rubes.

Or perhaps I should have titled this: "NRA Sides With Miller Court on Firearm Restrictions":

In the same candidate survey, NRA expressed their opposition to gun bans, but made a point of stating that they do not oppose current restrictions on full automatic firearms, short barreled shotguns, and certain destructive devices.

Anybody still believe the current crop of mercenary staffers in Fairfax is interested in "shall not be infringed"?

BATFU Gives Pokey-Poke a Passy-Pass

A while back I received an email from CD Tavares about my "Planet of the Ape" exposé on anti-gun Mark "Pokey Poke" Wahlberg (that's also the article Larry Elder referenced in his book). The essence of the piece is that Wahlberg has been convicted of violent crimes, and his handling of any actual firearms in films could be a violation of federal law. And it also explains the origin of the nickname I've given him.

Tavares' email said in part:

I used it as research material to write a letter on the subject to the BATF tonight. I asked them for a formal response as to why Wahlberg gets a pass when others don't.

Here are the results of his inquiry:

To those who asked me to keep them informed if the BATF ever responded to my letter of complaint about convicted felon Mark Wahlberg getting a "free pass" to possess guns while making one Hollywood shoot-em-up after another: the BATF has responded.

There are only three sentences of actual content buried in a page and a half of pap. The first is a restatement of the definition of firearm in 27 CFR 478.11. The next two say:

"Because you saw this individual possessing a gun in a movie trailer, it is not known whether or not this item meets this definition. The possibility exists that it could have been a movie prop and made to function as a real weapon through the use of special effects."

In my original letter, I wrote, "Please consider this a formal complaint. I ask that you look into this situation..." BATF's response: we won't even investigate. See no evil, hear no evil, speak no evil.

Imagine reporting a screaming street-rape to 911 and being told, "We're not coming out, because... well, you know, it's possible that they're just role-playing and she's actually enjoying it." Same logic, after all.

I have both my letter and BATF's scanned and waiting to go on the web. I have a TIME magazine photo of Wahlberg waving a pistol in a shot from "Four Brothers." I'm waiting to obtain a vidcap of Bob Hoskins brandishing the "toon gun" from Roger Rabbit. I want to run the page under the headline, "If you can tell the difference... the BATF needs you!"

To those who might be inclined to agree that B-A-T-F-U had insufficient evidence to go after Wahlberg, just remember that a picture in the paper was one of the reasons used to stormtroop in and destroy Wayne Fincher's life. Besides, movie productions keep meticulous accounting records on props rented, armorers and trainers hired, etc. Determining the truth would be an afternoon's work for a competent investigator.

These Boots are Made for Stompin'

Kicking somebody during a fight can be more dangerous than using a sharp or blunt weapon, research shows...

Firearms injuries, which were very rare, were not considered...

"There's an important link with alcohol. Often in fights people are kicked when they fall over and one of the ways to reduce kicking is to reduce severe intoxication because fewer people would fall over.

Well, we've tried alcohol prohibition and "gun control," and those haven't worked, and besides, it appears from this "study" that guns aren't the problem anyway. So maybe we need some kind of boot control--after all, who needs pointed toes or heels over 1"?

Someone also ought to clue the good ivory tower docs into the fact that many--if not most--fights are going to end up on the ground regardless of whether or not the participants have been drinking. Real life altercations are very different from the choreographed sequences portrayed in the movies--nowhere near as pretty, nowhere near as temporary. A blow to the head or other vital area, whether with fist, elbow, foot or knee, a gouge, a bite, a stranglehold or a shove, can all have crippling or lethal consequences. No one has a right to initiate violence in this manner, and the victim has every right to stop such an attacker with lethal force.

"Fair fights" are fantasies conjured up by those who have never been assaulted and don't know how such things are done.

[Via 1894C]

We're the Only Ones Locking Down Enough

Deputy Greg Gardner accidentally discharged a bullet from the rifle he was carrying while located in an “incident staging area at the school.”

And Wayne agrees with Jim and Sarah that guys like Greg are "The Only Ones" qualified and entitled to keep and bear arms in Harris/Klebold Empowerment Zones.

[Via TheGuyFromWI]

This Day in History: December 20

On this day in 1783, Virginia cedes the vast territory it had previously claimed by right of colonial charter to the federal government of the United States. The Ohio Valley territory, which covered the area north of the Ohio River, east of the Mississippi River, and south of the Great Lakes and Canada, had been contested by Pennsylvania, New York, Massachusetts and Connecticut.

We're the Only Ones Superior Enough

An off-duty Detroit police sergeant who was shocked with a Taser gun in Farmington Hills last week has hired an attorney...

Reed added that Marshall was superior in rank compared to the Farmington Hills officers, and they need to learn respect for their superiors.

I'm a more exclusive "Only One" than you are...

Being a mere inferior citizen, how'd you like to have a guy with Marshall's attitude in your face? And do you think the Farmington Hills cops would have settled for tasing you if you refused to disarm?

It's important that we understand our place when in the presence of superiors, you know...

Bush Administration Declares Second Amendment a "Collective Right"

As in the NPRM, under Sec. 460.53, a space flight participant may not carry on board any explosives, firearms, knives, or other weapons.

XCOR inquired whether the FAA had the authority to impose security requirements under its statute and the U.S. Constitution. The Second Amendment to the Constitution provides that "[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'' This right is not unfettered. Nearly every statute restricting the right to bear arms has been upheld. For example, in 1958, Congress made it a criminal offense to knowingly carry a firearm onto an airplane engaged in air transportation. 49 U.S.C. 46505. Additionally, nearly all courts have also held that the Second Amendment is a collective right, rather than a personal right. Therefore, despite the Second Amendment collective right to bear arms, the FAA has the authority to prohibit firearms on launch and reentry vehicles for safety and security purposes. [Emphasis added-DC]

The FAA has released its rules for tourists in space. And per the AP, if you wish to travel, you have to "promise not to sue the government." They issue a license, you sign a "waiver of claims" (Sec.440.17). So a Citizen would presumably have no standing if they wanted to challenge a ruling by unelected bureaucrats on Constitutional grounds. Pretty nice to be able to mandate yourself not responsible, that is, irresponsible, for that which you are, in fact, responsible.

The FAA reports to the DOT, and Secretary Peters reports directly to the President. It is inconceivable that she would allow policy directives to be issued against his will.

It looks like they didn't consider my comments when they crafted the final set of rules, but that's OK. Could I have some more Republican Kool-Aid, please?

----------------

I just sent the following to Laura Montgomery, Senior Attorney, Office of the Chief Counsel, Federal Aviation Administration:


Of course I will post any reply...

Assault on Home Rule

Ohio lawmakers recently voted to override Gov. Bob Taft's veto of a bill wiping out local gun laws. When they did that, they may as well have declared open season on cities' 94-year-old "home rule" right to govern themselves in accord with local needs and wishes as laid out in the state constitution.

Of course, if "home rule" involved, say, a First Amendment issue that we disagree with, say, putting a manger up in the town square over Christmas, we'd be squealing like the indignant piglets that we are.

Forget the "supreme law of the land" and "unalienable rights." It's much easier to assault those, and declare open season on sovereign citizens.

And newspapers wonder why their bottom lines are tanking. Don't these 10-year-old girls have some permit holder names to publish or something?

Fashionably Late to the 2A Carnival

Welcome to the seventh edition of the Second Amendment Carnival

...better late than never

You got that right, Stan. I almost missed it completely, but as you say, better late than never.

This Day in History: December 19

“These are the times that try men’s souls; the summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”

I'm King of the World!

Asked what rules they would make if they were king or queen of the world, the number one response from the under-10s was to ban knives and guns.

What more needs to be said about the mindset and maturity of those who would disarm free men and women?

And while this survey was conducted in the UK, I don't see much difference in the vacuous and materialistic attitudes of children in this country. Give 'em another decade and they'll be voting.

We're the Only Ones Elephanticidal Enough

A killer elephant named after Osama bin Laden by fearful villagers was killed by sharpshooters, officials said Sunday. The animal was blamed for 14 deaths in the northeastern state of Assam.

And one can only wonder how many of those 14 would still be alive if high-powered rifles were not practically limited by government policies to the elites and "The Only Ones."

Related Reading: "Gun Ownership in India"--Excellent insights by Abhijeet Singh

A Protection Racket

But Ohio’s cities were not happy with the state’s overriding their right to enact gun protections...

See the way the "authorized journalist" slips into a supposedly "straight news" piece the editorial concept that banning you from having a gun is for everybody's "protection"?

Reagan Knew Value of Gun Ownership

President Reagan most assuredly understood that honest gun owners are not a threat to anyone, and neither are they a threat to national security or their own neighborhoods. After all, the man took a bullet less than three months into his first term, yet he never used that as an excuse to make his office a bully pulpit for gun bans or repeal of the Second Amendment. [More]

I read this story or something very similar years ago. I have no idea why it's being resurrected now, but the claim that Reagan was a 2A champion who never promulgated citizen disarmament edicts is unmitigated BS.

Years ago, we ran a poll on KABA asking "What do you think of this politician?" without identifying who we were talking about. We listed several gun control measures he had endorsed, including the Brady Bill, waiting periods, an "assault weapon" ban, and signing legislation to ban the open carry of firearms.

The results?

[N]early 80%...who voted based solely on his actions deemed them “traitorous,” and the vast majority of the balance deemed them “misguided.”

I know Reagan had a persona many found reassuring, paternal and likeable. I was not immune to his charisma myself. But truth is truth, and we're not doing ourselves any favors ignoring it.

As for why some would have you believe differently, you'll have to ask them.

[Via KABA Newslinks]

Rational Review 2A News Announcement

From Mary Lou Seymour:

Due to either a Yahoo breakdown or a cyberattack by unknown persons, the 2AM News email edition, located at Yahoo groups, was deleted last week. (Our parent pub, RRND, was also deleted.) Unfortunately, the entire email subscriber list for 2AM News was lost, presumably forever.

So, I have created a new Yahoo group, 2AM News Digest, located at groups.yahoo.com/group/2AMNewsDigest. If you were a subscriber, please resubscribe by clicking on the above link.

UPDATE:

I've now been informed that possibly it can be restored, but I'm not sure when (or even if it'll actually happen). I had created another group to replace it, but I am now going to wait a day or two to see if the old list reappears ... if so, I'll send out this week's 2AM News then; if not, I'll crank up the new list. Thanks to those who have subscribed to the new list so far and stay tuned!

This Day in History: December 18

The new United States celebrates its first national day of thanksgiving on Thursday, December 18, 1777, commemorating the American victory at the Battle of Saratoga after the surrender of General John Burgoyne and 5,000 British troops in October 1777.

There Are Bad Ideas...

...and there are really bad ideas.

Cryptic Subterranean alerts us to the latter: "Password-protected bullets."

Good grief.

Handgun Owners Irate Over Having Names Published Online

Dozens of readers have taken issue with The Journal News over its decision to run a list of pistol permit holders in Westchester and Rockland counties as part of a wider investigative article.

The names of more than 30,000 licensed handgun owners were posted online as part of "Falling Through the Cracks," the paper's Dec. 10 report...

"The Constitution gives people the right to own guns in this country, and it also gives people the right to know whether they own a gun or not," said Henry Freeman, editor and vice president/news at The Journal News. "This is a public record. People have a right to know that.

"We did take it into consideration and did not publish your street address, which is also public information."

Irate?

Irate doesn't quite cover it, you miserable...

Your understanding of the Constitution is as broken as your moral compass. You're a betrayer of your countrymen and a betrayer of your name. You and your employers may yet end up with blood on your hands.

A Questionable Fellow

Gun control researcher Philip Alpers has accused the police officer in charge of firearms licensing of bias over a series of emails questioning his credentials.

Inspector Joe Green has written to two universities where Mr Alpers has held posts, questioning the former TV journalist's roles.

Mr Green has also written to Mr Alpers warning him he could be charged if he continued to use the title Harvard fellow.

So the co-author of the questionable Australian "gun death" study has questionable credentials?

We're the Only Ones Fumble-Fingered Enough

In an unrelated incident, a reserve police officer who was entering the building at the time of the evacuation shot himself in the arm and thigh as he tried to take a trigger lock off a Glock handgun.

And just which lock manufacturer recommends using their product with a round in the chamber?

He doesn't know how to use a lock or a gun, so naturally this damn boob and his kind are "The Only Ones" trusted by the City of Detroit to carry firearms.

Like Sheep to the Slaughter

So a school district actually comes up with a response to school shootings that will actually stop or lessen the blow of a school shooting, and some pantywaist gets upset and gets the program canned.

The Subversive comes to some maddening conclusions about schools, self defense, and mindsets.

This Day in History: December 17

On this day in 1777, the French foreign minister, Charles Gravier, count of Vergennes, officially acknowledges the United States as an independent nation. News of the Continental Army’s overwhelming victory against the British General John Burgoyne at Saratoga gave Benjamin Franklin new leverage in his efforts to rally French support for the American rebels. Although the victory occurred in October, news did not reach France until December 4th.

The Devil in the Details

New details are emerging about what led to the shooting of two ATF agents at an apartment complex in DeKalb County on Friday morning...

Reed says she told the ATF a different story than what they used to issue the warrant.

BATFU playing fast and loose with the details? Why doesn't that surprise me?

I also like this quote from another account:

“I just don’t get it,” the father said. “You come, kick in somebody’s door at 4 o’clock in the morning and what do you expect? This area has had a lot of burglaries and home invasions.”

Besides, haven't we established that if you shoot someone through a door, no charges will be filed? Or does that door not swing both ways?