Archive for November 4th, 2009

California: Amicus Brief Filed in Millender v. County of Los Angeles

November 4, 2009

I’m sure that I will raise the ire of many law and order folks with this. The Bill of Rights is an entire package, and when you weaken it anywhere, you weaken the entire thing, including the concept. And please, don’t come here and post about not yelling fire in a crowded theater. If the damned thing is actually on fire then you have a civic duty to inform your fellow theater patrons that the damned place is in fact on fire and needs to be evacuated…

Tuesday, November 03, 2009
On October 22, 2009, the National Rifle Association (NRA) and the California Rifle and Pistol Association (CRPA) filed an amicus (friend of the court) brief in the case of Millender v. County of Los Angeles, et al. (07-55518).  The case is pending en banc hearing before a 12 judge panel in the Ninth Circuit United States Court of Appeals.  A copy of the brief is posted at www.calgunlaws.com. No right is more clearly established under the Fourth Amendment than the right not to be subject to search and seizure under a general warrant (i.e., a warrant not based on probable cause and not particularly describing the place to be searched and the person or thing to be seized). Furthermore, as the Second Amendment makes clear, firearms are lawful to possess and may not be seized without probable cause to believe that a specific firearm was used in a crime.

The NRA/CRPA amicus brief challenges the ability of law enforcement to write over-broad “general” search warrants which allow police to seize any and all firearms an individual may possess, even when police only have “probable cause” to search for a particular firearm.  Far too often police seize legal firearms collections even when most of those firearms are not alleged to be part of a criminal offense.  This is sometimes driven by a political motivation to increase gun seizure statistics so police can seek increased funding.

This deprivation of property often results in damage to the firearms and inevitably causes the owner to incur significant expense and legal fees in retrieving the firearms. The purpose of the NRA/CRPA brief is to convince the 9th Circuit Court of Appeals to publish a binding precedent to prevent these search and seizure abuses in the future.

SOURCE

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Posted in Editorial, Opinion, Education, Gun Control, Hoplophobia, Law, News, Politics, Wordpress Political Blogs | Comments Off on California: Amicus Brief Filed in Millender v. County of Los Angeles

Dangerous vote due this week ACT NOW‏

November 4, 2009

From Downsize D.C. see sidebar for a link.

We want to thank the staff at Reason magazine for drawing attention to a great Denver Post column by David Harsanyi.

We’re going to crib from it for today’s action item.

Please send a letter to Congress opposing the 1,900-page healthcare bill.

Here’s what I wrote in my personal comments (my Senators will receive a copy too so they can know how I feel about this):

I object to the 1,900-page House healthcare bill precisely because it’s 1,900 pages long. That’s too much complexity.

I object because the word “regulation” appears in this bill 181 times, “tax” is there 214 times, and “fees” is used 103 times. I hate these words and I won’t feel too good about you either if you inflict them on me.

I object because you’re not going to read this bill before you vote on it, or sit with the federal code to look up and read all the parts of existing law that the bill will change.

I object because the bill will require federal bureaucrats to write hundreds, or even thousands of pages of regulations to fill in the details, and because I’ll have to pay for lawyers and accountants, either directly or indirectly, to interpret and comply with this mess.

I object because many of my healthcare choices will be dictated by a “Health Choices Commissioner” and an “Inspector General for the Health Choices Administration.” I won’t be able to elect or fire either of these people, and I do not want them in my life.

I object because this bill costs too much, and because you’re hiding the true cost in a variety of fraudulent ways.

I object because this bill contains numerous Trojan Horses that will eventually kill free market healthcare in favor of complete government control.

I object because it is increasingly clear to me that my supposed representatives really represent their own party leadership first, special interest lobbyists second, and me not at all.

Please stop to consider that this bill will be imposed on me at the point of a policeman’s gun. If I do not want to pay for it, or comply with it, armed men will eventually knock on my door to force me to submit. Do not do this too me!

If you pass this bill, or anything like it, I will never forgive you.

END OF SAMPLE LETTER

You can send your letter to Congress here.

Please take additional steps to spread the word, recruit more DC Downsizers, and increase the heat on Congress:

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Posted in Economics, Editorial, Opinion, Education, Gun Control, Hoplophobia, Immigration, Law, mysandry, Politics, Wordpress Political Blogs | 2 Comments »

$11,000 REWARD IN DE BEQUE BIGHORN POACHING CASE

November 4, 2009

This is the sort of thing that just makes you sick. Another theive at the public trough.

$11,000 REWARD IN DE BEQUE BIGHORN POACHING CASE

DE BEQUE, Colo. – Three energy companies are offering a $10,000 reward for information leading to the conviction of the person or persons responsible for the poaching of a bighorn sheep ram north of De Beque.

On Friday, Oct. 30, investigators with the Colorado Division of Wildlife were notified that a quarter-curl bighorn ram had been poached on private land. Information from people in the area and evidence collected at the scene indicate that the bighorn sheep ram was likely shot between Sunday, Oct. 25 and Tuesday, Oct. 27 by a single shot to the neck. The poacher made no attempt to salvage meat from the animal or to take the head or horns.

“This is the worst kind of poaching case,” said Albert Romero, District Wildlife Manager for the De Beque district. “It appears that someone just shot and killed this animal for no reason at all.”

Chevron, EnCana and Williams have committed a total of $10,000 to the Division of Wildlife reward fund for information that leads to a conviction in this case. Additionally, Operation Game Thief has offered a $1,000 reward and Colorado’s TIPS program may provide tipsters with a bighorn sheep hunting license in exchange for testimony in the case.

The ram, which was part of the De Beque Canyon bighorn sheep herd, had recently wandered into the Kimball Creek area west of Roan Creek Road (Garfield County Road 204). The ram was frequently seen and photographed by area residents and energy workers who travel the road up Kimball Creek. The ram carcass was discovered on private property owned by Chevron.

Criminal charges in this case could include trespassing, illegal possession of wildlife, waste, felony willful destruction, and hunting in a closed unit. If convicted of all charges, the perpetrator in this case could face up to five years in jail and more than $100,000 in fines. Upon conviction the person would also face suspension of their hunting privileges in Colorado and 30 other states.

Rocky Mountain bighorn sheep are the official state animal of Colorado and they appear on the seal of the Colorado Division of Wildlife.

Anyone with information about this case is asked to contact Operation Game Thief at 877-265-6648. Callers wishing to remain anonymous can qualify for up to $1,000 in reward funds; however tipsters must be willing to testify to qualify for energy company reward funds or TIPS licenses. Operation Game Thief is a program that works with the Division of Wildlife to provide rewards for information in poaching cases. TIPS is a DOW program that provides hunting licenses or preference points for sportsmen who provide information in poaching cases.

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Editor’s note: A Chevron employee snapped a photo of the ram days before it was poached. A copy of the photo is available at http://wildlife.state.co.us/apps/ImageDB/ImageDownload.aspx?ImageId=25530&ImageSize=Print&ImageType=JPG

For more information about Division of Wildlife go to: http://wildlife.state.co.us.

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Posted in Editorial, Opinion, Education, Hunting Fishing and the Great Outdoors, Law, Local Politics Colorado, News, Uncategorized | 2 Comments »