Archive for the ‘Local Politics Colorado’ Category

Domestic Violence… Or is it?

February 22, 2009

“I hope you enjoy wearing a burka.”  That was my response to an irate proponent of mysandry during a sidewalk debate on the streets of Denver some time back in front of the state capital. She was ranting about a bill that was to be voted on that day. It would have made even more men into criminals for petty things like speeding with children in the vehicle. I was already outraged that the current laws regarding misdemeanor domestic violence had already turned Anglo American law on it’s head by enforcing ex post facto law. Not to mention the absolute sexist methodology of enforcement. The woman that I said that to had just said that if the law was not passed that she would move to another country where she would receive the respect that she deserved. Well the law didn’t pass. No, the state legislature didn’t come to  collective sanity, it was tossed due to budgetary restraint… Nor did she moveShe is still teaching her multicultural fantasy and mysandry brand of hatred based philosophy at a local college. It is people like her that take the true and valid arguments about a societal problem and turn them into something that they clearly are not. The nearest thing that I am aware of that ever occurred locally to the article that follows was a situation of ongoing domestic violence where a woman put an axe through her sleeping husbands head. Both assailants actions were wrong, dead wrong.

Muzzammil Hassan, a Muslim living in Orchard Park, New York, decided in 2004 that he wanted to combat stereotypes against Muslims. The television station Bridges TV was born, dedicated to portraying Muslims in a more positive light. Hassan complained, “The level of ignorance regarding Muslims and Islam is very high in the United States.” Unfortunately for his wife, Hassan (allegedly?) ended up exhibiting the worst Muslim stereotype. “He came to the police station [last Thursday] and told us that [his wife] was dead,” Orchard Park Police Chief Andrew Benz said. Police went to the TV station to find Aasiya Hassan murdered by beheading.

Naturally, because the Leftmedia is so sensitive to stereotypes, this story has not received much coverage. The Buffalo News didn’t shy away, however, as Fred Williams writes, “Under arrest in his wife’s brutal death, Muzzammil Hassan is ‘almost in shock,’ his attorney said Wednesday following a court appearance in Orchard Park. ‘He’s having difficulty coping with this,’ attorney James Harrington said.” Poor guy. Hassan’s attorney indicated that he would plead not guilty to second-degree murder. But the murder has all the marks of an honor killing — Mrs. Hassan recently filed for divorce and obtained an order of protection that barred her husband from their home. Maybe the charge should be changed to first-degree murder.

The National Organization of Women, the gang of village idiots, is normally outraged at domestic violence, including a recent press release denouncing R&B star Chris Brown for reportedly assaulting singer Rihanna. Regarding this case, however, as The Wall Street Journal’s James Taranto points out, “NOW’s statement on Mrs. Hassan’s beheading was short and to the point: .” In other words, not a peep.

SOURCE

And Commies and Thugs Oh My!

February 20, 2009

This is about Unions, and what goes with being a part of such things.

STOLEN FROM

Sen. Bennet may be key vote on “Employee Free Choice Act”

Posted by: “libertarian17” RLCstatechapters@aol.com libertarian17

Fri Feb 20, 2009 6:24 am (PST)

Dear Friend,

Please write Senator Michael Bennet and ask him to oppose ‘The
Employee Free Choice Act‘.

Sen. Bennet may be the key vote we need to stop this anti-worker
forced unionism power grab. You can contact him at
http://bennet. senate.gov/ public/ .

———— ——— —

George Leaf explains the situation:

“For the last several years, Big Labor has suffered net losses in dues
payers. In an effort to remedy that decline, union officials and their
political allies put on a full-court press in favor of a bill called
the “Employee Free Choice Act” (EFCA).

The secret-ballot elections under the NLRA at least have the virtue of
shielding individual workers from reprisals for going “the wrong way.”
Union officials have found what they regard as a better method of
determining whether a majority want their services.

It’s called the “card check” system. If a majority of workers sign a
card saying that they want a union to represent them, then that should
suffice for the NLRB to declare the union to be the exclusive
bargaining representative, without resort to an election. Naturally,
it’s easier for union organizers to get signatures on cards – using
tactics that can include misrepresentation and harassment – than to
get workers to vote for them in an election after the airing of
arguments for and against the union.

Under the NLRA, however, employers have the right to insist on a
secret-ballot election no matter how many cards might be signed. The
Employee Free Choice Act would take that away and require the NLRB to
certify unions simply on the basis of signed cards.

Furthermore, the EFCA would ratchet up the coercion regarding contract
negotiations. The current law is bad enough in compelling “good faith”
bargaining, but the proposed new law would allow government officials
to arbitrate the terms of the initial union contract. That is to say,
if management and the union can’t arrive at a mutually agreeable labor
contract
, the federal government will impose one. That additional
dollop of federal coercion is said by supporters to be necessary to
effectuate the workers’ “right to bargain.” In a free society, though,
there is no “right to bargain” with people who don’t want to bargain
with you, and a fortiori there is no right to have the government
dictate the terms of that “bargaining. ”

Union officials were licking their chops at the prospect of using the
EFCA to dragoon thousands of new workers into their ranks, but the
bill has died in Congress. It will be resurrected in the future and we
will again hear supporters making claims of why we need its new
coercive features. We will also hear opponents arguing that we should
stick with the good old status quo. What I think we really need is a
discussion about the proper approach to labor law in a free society.”

———— ——— —

Contact ALL of your representatives today!

Unintended Consequences… I seriously doubt that!

February 18, 2009

Regular readers are aware that I am doing something  that is apparently below the pay grade of Congress-persons and Senators.I am actually attempting to read this entire so-called stimulus bill. Others, bless them, are already zeroed in  on the obvious conflicts with freedom and liberty. Reading, and even more importantly interpreting this abomination (Obaminazition?) is worse than learning the Kreb’s Cycle under Gerry Gordon M.D. in Paramedic school!

In any case Gun Owners of America has already hit the ten ring on at minimum some of this veritable beast that I believe may very well catapult the United States into irrevocable balkanization, if not revolution. I pray that secession this time will be Constitutional, and bloodless.

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Wednesday, February 18, 2009

It was a day that will live in infamy.

President Obama traveled to Denver, Colorado yesterday to sign the
multi-billion dollar, pork-laden, so-called “stimulus” bill
into law.

But forget the $787 billion price tag you heard on TV. Forget the $12
TRILLION debt limit which the bill created.

By the time debt services and other frills of the “socialism
bill” are
accounted for, the cost will be over $3,000,000,000,000 (yes, three
TRILLION).

This makes the bill the biggest government spending grab in human
history.

But what about the details? The hundreds and hundreds of pages in the
bill were not made available until less than 18 hours before the final
passage vote. But here’s what we know in relation to the gun-related
provisions:

* The final bill continues to spend between $12 and $20 BILLION on
requiring your doctor to retroactively put your most confidential
medical records into a government database. Based on our experience
with veterans, we would expect the government to try to use computerized
psychiatric records to impose gun bans on people who have sought (or
will seek) treatment.

* The final bill continues to fund liberal community action groups like
ACORN, which, you may remember, engaged in massive criminal election
fraud on behalf of Barack Obama’s presidential candidacy and also was
involved in anti-Second Amendment activism in New Jersey.

White House Chief of Staff Rahm Emanuel was at least honest when he said
it would be a shame to let a crisis like the current recession “go to
waste.” Like vultures picking on the nation’s carcass, the White House
has used the nation’s pain to lavish largesse on its political
supporters, at the expense of the nation’s economic survival.

And, in the end, this act of ethical depravity was made possible by
every Democrat Senator who voted for the bill, plus the defections of
three Republicans: Arlen Specter (R-PA), Olympia Snowe (R-ME), and
Susan Collins (R-ME).

If there is one silver lining to all of this, it’s the debunking of a
rumor that recently swept across the internet. The rumor claimed that
the provisions of HR 45 — the massive gun registration bill introduced
by Chicago congressman Bobby Rush (D) — were “rolled into”
what was
passed.

But having searched the contents of the new law, GOA staff has
determined the rumor appears to be false.

****************************

Are You A Bitter Clinger?

Who is a Bitter Clinger? According to Barack Obama, who was recorded
unawares at a San Francisco fundraiser, bitter clingers are voters who
are bitter because of their economic frustration and so cling bitterly
to their Bibles and their guns.

Zero Tolerance, Zero Common Sense

February 15, 2009

Can you say Stupid is as stupid does? I knew ya could! 😀

Here we go again. In yet another case of over reactive, one-size-fits-all, “zero-tolerance,” zero-common sense enforcement, Marie Morrow, an honors student and drill-team commander in the Young Marines, was recently expelled from school. Her crime? She left three rifle-shaped drill team props in the back of her car at Cherokee Trail High School in Aurora, Colo. Colorado law mandates expulsion for any student found with a “dangerous weapon” on school grounds, which includes “a firearm facsimile that could reasonably be mistaken for an actual firearm.”

The non-operative rifle props are used during drill routines, where the facsimiles are spun and tossed. The props are made of wood and plastic, are heavily duct-taped and, of course, cannot function and were never intended to. Morrow had brought them to school because she was preparing for a competition at the Air Force Academy in April and planned to attend a practice right after school.

update: I saw on the news that she has been allowed to return to school. Still, the expulsion, based upon total bullshit, could have an effect later in her life for security clearances.

Colorado: HB 1180

February 15, 2009

COLORADO: Pro-Gun Bill to be Heard in House Judiciary Committee Next Week! At 1:30 p.m. on Monday, February 16, the House Judiciary Committee will hear House Bill 1180. HB 1180, sponsored by State Representative Steve King (R-54) will exempt Colorado concealed handgun permit holders from the background check requirement for the transfers of a firearm.  Please contact the members of the House Judiciary Committee and urge them to support this important piece of legislation. Contact information can be found here.

Second Amendment Update, and a few other items

February 11, 2009

Dave Kopal is probably the smartest person that I have ever been privileged to meet. Albeit quite briefly. Dave’s newsletter is incredible and I would urge anyone interested in freedom, liberty, and law to subscribe. Here is the latest.

From: Kopel Newsletter [kopelnewsletter@liberty.seanet.com]
Sent:
To:
Subject:

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Dave Kopel’s Second Amendment Newsletter

February 10, 2009
Dave Kopel’s Second Amendment Project is based at the Independence Institute,
a free-market think tank in Golden, Colorado.
http://www.independenceinstitute.org


The Independence Institute publishes several newsletters on other topics, plus a weekly newsletter containing our most recent op-eds and news of our activities. E-mail subscription to any of these newsletters is free.


Delivery of this newsletter comes courtesy of the Second Amendment Foundation, in Bellevue, Washington.
http://www.saf.org
This email was sent to psperry1@aceweb.com


Please visit Dave Kopel’s website, containing articles on the Second Amendment and other freedom topics.
http://www.davekopel.org


To subscribe to this free e-mail newsletter, please send a request to:
kopelnewsletter@liberty.seanet.com

Table of Contents

  1. New by Kopel: Amicus brief in Oak Park Case; Law Review Articles on the Relationship between Guns and Freedom; Magazine articles and short essays on the new administration, ‘BEWARE THE RAHM!,’ Eric Holder, The Sword & the Tome, the SHOT Show, Kmiec v. Kmiec, IANSA Strikes Again, a new Podcast Series, one on Holder, one on Hillary Clinton, and… Twitter!
  2. Online Video: Satirical ‘Gun Free Zones,’ NRANews video archive
  3. International: Armed Nepalese; Pakistani Self-Defense; Uruguayan Gun Control
  4. Anti-Rights Movement: Obama’s Anti-RKBA Plans Surface; Brady Wish List; Philadelphia Protest; Regulatory Czar Stealth Agenda; Heller’s Lack of Effect; NRA on the Holder Nomination; Another SHOT Forecast
  5. Pro-Rights Movement: Firearms Retailer Defense Fund; Halbrook on Holder; Winnetka Caves in Illinois; Massachusetts Police Chief Charged; Minnesota Concealed Carry
  6. States and Failed States: Colorado Won’t Pre-Empt ‘Safe Storage’ or Castle; DC Busts USMC Amputee; NJ Gun Rationing; New York Loopholes and Legal Horrors
  7. Law: Federal Courts on Chambers and Heller, No OSHA Pre-Emption, SF Housing Authority Caves, National Parks Carry Suit; State Courts on Haney, Gary Suit Back On, Nebraska Locales can’t forbid Concealed Carry
  8. Research: Hardy on ‘Popular Understanding’ and St. George Tucker; The ‘Remainder Problem’ in Gun Control; Lund on Originalist Jurisprudence; Volokh vs. Brady Campaign in Fed. Soc Debate

New by Kopel

Legal Brief

Amicus brief in Chicago and Oak Park Handgun Ban Cases

David B. Kopel, Maureen Martin and James W. Ozog
In the United States Court of Appeals for the Seventh Circuit
February 4, 2009
http://davekopel.org/Briefs/ILEETA-Chicago-amicus.pdf
PDF files require Adobe Acrobat Reader or similar software.

Dave’s brief in the 7th Circuit appeal of the SAF and NRA challenges to the handgun bans in Chicago and Oak Park. The brief is filed on behalf of the Independence Institute, the International Law Enforcement Educators and Trainers Association, The Heartland Institute, Prof. David J. Bordua, Prof. William R. Tonso, and the Law Enforcement Alliance of America. The brief explains the social science evidence showing the public safety benefits of guns in law-abiding hands, and provides data showing the failure of the Chicago handgun ban.


Law Review Articles

The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error

David B. Kopel
Denver University Law Review
Vol. 86, No. 3, 2009, forthcoming
http://ssrn.com/abstract=1327473

This is Lead article in their annual Tenth Circuit Survey. It provides a detailed analysis of all Second Amendment cases which have been decided by the Tenth Circuit Court of Appeals. The article examines the Circuit’s superficial reasoning in its claims that the Second Amendment protects only militiamen, and the Circuit’s refusal even to address important sources of authority which took a different view.

Is There a Relationship between Guns and Freedom? Comparative Results from 59 Nations

David B. Kopel
Texas Review of Law and Politics
Vol. 13, 2009, Forthcoming
http://ssrn.com/abstract=1090441

The near-final version of this forthcoming article from the Texas Review of Law & Politics is now available on SSRN. Dave wrote the article with Carl Moody and Howard Nemerov. Here’s the abstract: There are 59 nations for which data about per capita gun ownership are available. This Article examines the relationship between gun density and several measures of freedom and prosperity: the Freedom House ratings of political rights and civil liberty, the Transparency International Perceived Corruption Index, the World Bank Purchasing Power Parity ratings, and the Heritage Foundation Index of Economic Freedom. The data suggest that the relationships between gun ownership rates and these other measures are complex. The data show that (although exceptions can be found) the nations with the highest rates of gun ownership tend to have greater political and civil freedom, greater economic freedom and prosperity, and much less corruption than other nations. The relationship only exists for high-ownership countries. Countries with medium rates of gun density generally scored no better or worse than countries with the lowest levels of per capita gun ownership.


Magazine Articles and Short Essays

Gun Control

David B. Kopel
Change in Command Issue 24
January, 2009
http://changeincommand.com/issues/gun-control

Dave here examines how Americans should view the inauguration of President Obama from a 2nd Amendment perspective.

BEWARE THE RAHM

Dave Kopel
America’s First Freedom
January, 2009
http://davekopel.org/2A/Mags/beware-the-rahm.htm

“After pledging his support for the Second Amendment during the campaign, President-elect Barack Obama appoints devout gun-ban supporter Rahm Emanuel as his chief of staff.”

STRIKE TWO!

Dave Kopel
America’s First Freedom
February, 2009
http://davekopel.org/2A/Mags/Strike-Two.htm

On the heels of naming gun-banner Rahm Emanuel as his Chief of Staff, Barack Obama once again puts the lie to his supposed support of the Second Amendment by selecting former Clintonite and gun-hater Eric Holder as attorney general.

The Sword & the Tome

Dave Kopel
America’s First Freedom
February, 2009
http://davekopel.org/2A/Mags/Sword-and-Tome.pdf
PDF files require Adobe Acrobat Reader or similar software.

With a new presidential administration that is hostile to private firearm ownership now in office, we’ll likely be hearing a renewed torrent of anti-gun rhetoric coming from all directions. As we prepare for these challenges and arguments, it’s a good time to recall some important quotes that provide a long-term perspective.

SHOT Show Report

David Kopel
The Volokh Conspiracy
January 17, 2009
http://volokh.com/archives/archive_2009_01_11-2009_01_17.shtml#1232226470

Retailers, wholesalers, and manufacturers were happy that they had been making lots of money (because of concerns about the administration) but there was also great trepidation about the future.

Kmiec v. Kmiec regarding Heller

Dave Kopel
The Volokh Conspiracy
January 6, 2009
http://volokh.com/archives/archive_2009_01_04-2009_01_10.shtml#1231289178

“It seems odd for a legal scholar to reverse his view of a major constitutional issue so completely and so vehemently in a such a short period of time, especially without an expalanation of how he came to the conclusion that his former view was so utterly mistaken–or without even an acknowledgement that he recently held his former view so firmly that he urged the Supreme Court to adopt it.”

Arms Trade Treaty’s Purpose: Block Arms Sales to Israel

Dave Kopel
The Volokh Conspiracy
January 30, 2009
http://volokh.com/archives/archive_2009_01_25-2009_01_31.shtml#1233368908

“A recent statement by the International Action Network on Small Arms, the world’s leading gun prohibition lobby, states that the Arms Trade Treaty, currently being drafted in the United Nations, would prohibit arms sales to Israel and to Hamas.”


New Podcast Series

Attorney General Eric Holder

Dave Kopel
Dave Kopel’s Second Amendment Podcast
Jan. 23, 2009
http://audio.ivoices.org/mp3/iipodcast252.mp3

This is the first installment of a new series of weekly podcasts, to be published every Friday. The Feb. 6 topic will the the Seventh Circuit cases on the Chicago handgun ban.

Hillary Clinton

Dave Kopel
Dave Kopel’s Second Amendment Podcast
January 29, 2009
http://audio.ivoices.org/mp3/iipodcast228.mp3

Hillary Clinton will be a strong Secretary of State, but her hostility to civillian ownership of firearms continues unabated.


Ongoing Dave Updates

Twitter/davekopel

Dave Kopel
Twitter.com

https://twitter.com/davekopel

Check in on Dave on Twitter. For the yet-unschooled, “Twitter is a free service that lets you keep in touch with people through the exchange of quick, frequent answers to one simple question: What are you doing?” Dave provides hyperlinks and other data related to his ongoing activities. The service lends itself to small, handheld internet devices.


Online Video

Gun Free Zones

The Half Hour News Hour
YouTube Video
July 16, 2007
http://www.youtube.com/watch?v=S7pGt_O1uM8

A rather funny short from the canceled Fox satirical series about the concept of protecting oneself within the putative safety of a ‘gun free zone.’

NRANews.Com

Informational Web Site
The National Rifle Association

http://www.nranews.com/nranews.aspx

The NRA has produced weekly professional internet videos on subjects of interest to supporters of the Right to Keep and Bear Arms. This site offers access to the current week’s broadcast and an archive of past video.


International

Nepal

All Nepalese should carry weapons, says Maoist Minister

Press Trust Of India
January 11, 2009
http://tinyurl.com/b85snp

“All Nepali citizens should be given the right to carry arms for protecting themselves from ‘colonial powers’, a controversial Maoist Minister said. Gopal Kiranti did not elaborate on the “colonial powers”, but the statement comes a day after media quoted a yet-to-be released Maoist political document as saying that ‘American colonialism is moving ahead through Indian expansionism with the intention of increasing its hegemony in South Asia.’ “


Pakistan

For Middle-Class Pakistanis, a Gun Is a Must-Have Accessory: With Kidnappings and Violence on the Rise, Demand for Weapons Permits Grows

Peter Wonacott
The Wall Street Journal
January 6, 2009
http://online.wsj.com/article/SB123120431026355961.html

After escaping kidnappers who chained him to a bed for 25 days, Mohammad Javed Afridi pressed Pakistani law enforcement for swift justice. The police offered him something else: temporary permits for four automatic assault rifles.


Uruguay

Discussing an Agenda for Gun Control

Comunidad Segura: Network of Ideas and Practicies in Citizen Security
UN Office for the Coordination of Humanitarian Affairs
January 16, 2009
http://www.comunidadesegura.org/?q=en/STORY-Uruguay-Discussing-agenda-for-gun-control

“Congresswoman Daisy Tournİ, one of the main champions of gun control in the Uruguayan Parliament is also currently head of the nation’s Ministry of Interior. Since she took office however, progress on the nation’s gun control agenda has been postponed by issues related to violence and insecurity, as well as social demands.”


The Anti-Rights Movement

Urban Policy

Informational Web Page
The White House
January 21, 2009
http://www.whitehouse.gov/agenda/urban_policy/

On this website, posted the day after the inaguration, the Obama/Biden administration lists its objectives in this area: repealing the Tiahrt Amendment, which they claim restricts the ability of local law enforcement to access important gun trace information, and which they say would give police officers across the nation the tools they need to solve gun crimes and fight the illegal arms trade. Obama and Biden also favor ‘commonsense measures’ that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals. They support closing the ‘gun show loophole’ and making guns in this country childproof, the term is undefined. They also support making the expired federal Assault Weapons Ban permanent.

Gun Violence in America: Proposals for the Obama Administration

Press Release
Brady Campaign to Prevent Gun Violence
December 28, 2008
http://www.bradycampaign.org/xshare/pdf/politics/obama-transition-memo.pdf
PDF files require Adobe Acrobat Reader or similar software.

The Brady Campaign here makes its own case for ‘common sense’ gun laws to the impending Obma Administration. The document treats the need for immediate gun control as part of the President’s health care agenda.

5 Activists Arrested at Gun Shop Protest

Dafney Tales
The Philadelphia Daily News
January 15, 2009
http://www.philly.com/dailynews/local/20090115_5_activists_arrested_at_gun_shop_protest.html

Five activists were arrested by Philadelphia Police after refusing to leave Colosimo’s Gun Center, despite multiple warnings.

Obama ‘Regulatory Czar’ has Secret Animal-Rights Agenda, Says Consumer Group

Press Release
Center for Consumer Freedom
January 15, 2009
http://www.emediawire.com/releases/Cass-Sunstein/Animal-Rights/prweb1868134.htm

“The nonprofit Center for Consumer Freedom said today that Cass Sunstein, the Harvard University Law School professor tapped by President-elect Obama to head the Office of Information and Regulatory Affairs, has a secret aim to push a radical animal-rights agenda in the White House. Sunstein supports outlawing sport hunting, giving animals the legal right to file lawsuits, and using government regulations to phase out meat consumption.”

Letter on the Eric Holder Nomination for Attorney General of the United States

Wayne LePierre and Chris W. Cox
The National Rifle Association
January 9, 2009
http://www.nraila.org/media/PDFs/HolderLetter010909.pdf
PDF files require Adobe Acrobat Reader or similar software.

The Executive Vice-President of the NRA and the Executive Director of the NRA’s Institute for Legislative Action wrote an open letter to Senators Patrick Leahy and Arlen Specter on their grave misgivings over President Obama’s nomination of Eric Holder to be the next Attorney General. Holder opposed Heller, declared that the 2nd Amendment is not an individual right, and supported restrictive fierarms control legislation.

The New Second Amendment: A Bark Worse than Its Right

Adam Winkler
The Huffington Post
January 2, 2009
http://www.huffingtonpost.com/adam-winkler/the-new-second-amendment_b_154783.html

“To date, the lower federal courts have ruled in over 60 different cases on the constitutionality of a wide variety of gun control laws. There have been suits against laws banning possession of firearms by felons, drug addicts, illegal aliens, and individuals convicted of domestic violence misdemeanors. The courts have ruled on the constitutionality of laws prohibiting particular types of weapons, including sawed-off shotguns and machine guns, and specific weapons attachments. Defendants have challenged laws barring guns in school zones and post offices, and laws outlawing “straw” purchases, the carrying of concealed weapons, possession of an unregistered firearm, and particular types of ammunition. The courts have upheld every one of these laws. Since Heller, its Gun Control: 60, Individual Right: 0.” Winkler is a law professor at the UCLA School of Law.

Post-SHOT Recovery

Michael Bane
The Michael Bane Blog
January 25, 2009
http://michaelbane.blogspot.com/2009/01/post-shot-recovery.html

Dave made reference to this summary of the firearms scene at the SHOT Show and in the political environment in Washington.


The Pro-Rights Movement

Firearms Retailer Defense Fund Launched

GunReports
January 13, 2009
http://www.gunreports.com/news/news/Firearms-Retailer-Defense-Fund-SHOT-Show_1071-1.html

“The Firearms Retailer Defense Fund is a new non-profit corporation created to assist independent retailers with legal expenses should they need to defend themselves against industry-altering litigation.”

FRDF: Firearms Retailer Defense Fund, LLC.

Informational Web Page

http://www.frdf.org/

“The Firearms Retailer Defense Fund (FRDF) has been created to assist firearms retailers should they find themselves involved in litigation filed by politicians, municipalities or anti-gun orgnanizations that scrutinize your business practices. As independent firearms retailers, you need not feel alone in your battle to defend your business and your rights to keep and bear arms.”

Halbrook to Testify in Hearings on Eric Holder for Attorney General

David Theroux
The Beacon Blog
January 16, 2009
http://www.independent.org/blog/?p=914

Here is Theroux’s blog posting of the testimony of Stephen P. Halbrook on the nomination of Eric Holder to be the next Attorney General of the United States, with comments and links.

Testimony of Stephen P. Halbrook on the Nomination of Eric H. Holder, Jr., For Attorney General of the United States

Stephen P. Halbrook
The Senate Judiciary Committee
January 14, 2009
http://tinyurl.com/d6tnn6

Here is the verbatim transcript of Halbrook’s testimony.


Outdoor Sports

Ark. Lawmaker Seeks Amendment to Protect Hunting

AP (Arkansas)
5NewsOnline
January 12, 2009
http://www.kfsm.com/Global/story.asp?S=9661050

“State Sen. Steve Faris is trying again for an amendment creating a constitutional right for Arkansans to hunt and fish.”

PETA wants to Rename Fish “sea kittens”

Lindsay Barnett
The Los Angeles Times
January 12, 2009
http://latimesblogs.latimes.com/unleashed/2009/01/sea-kitten-peta.html

PETA has come up with an interesting tactic to discourage human consumption and sporting pursuit of fish.

Proposed Rule Clarifies Hunting Rule Changes at National Wildlife Refuges

Fish and Wildlife Service, U.S. Department of the Interior
Federal Register
January 13, 2009
http://edocket.access.gpo.gov/2009/pdf/E9-287.pdf
PDF files require Adobe Acrobat Reader or similar software.

This document describes proposed changes in policy and regulations regarding U.S. Wildlife refuges.


States and Failed States

Colorado

Brophy bill to Protect Homeowners Killed in Committee

Colorado State Senate News
January 26, 2009
http://www.coloradosenatenews.com/content/view/899/26/

Dave testified in favor of a bill to forestall municipalities from passing ‘safe storage’ laws that render firearms useless for immediate home defense. Democrats killed the bill in a strict party-line vote in the Senate Committee on State, Veteran, and Military Affairs.

Committee Dems Refuse to ‘Make My Day Better’

Colorado State Senate News
January 28, 2009
http://www.coloradosenatenews.com/content/view/903/26/

“Republican efforts to extend to the workplace the same rights Colorado citizens already have to protect their homes from violent intruders were stymied by ruling Democrats today.” The Democrats of the committee voted unanimously against the bill.


District of Columbia

Marine Amputee Acquitted On Gun Possession Charges

Keith L. Alexander
The Washington Post
January 14, 2009
http://tinyurl.com/an6g9o

“After being deadlocked twice, a D.C. Superior Court jury yesterday acquitted a Marine amputee on felony charges of gun possession stemming from an arrest while he was on the way to Walter Reed Army Medical Center.”


New Jersey

N.J. Fight on “Straw” Gun Buys Heats Up

Jonathan Tamari
The Philadelphia Inquirer
January 4, 2009
http://www.philly.com/philly/news/homepage/37053659.html

“New Jersey could soon become the fourth state to limit handgun purchases to one a month, a move aimed at fighting “straw” gun buyers who purchase weapons legally and pass them to criminals.”


New York

Old Firearms Given New Life by Restrictive New York Gun Control Laws

J.D. Tuccille
Examiner.com
January 19, 2009
http://www.examiner.com/x-536-Civil-Liberties-Examiner~y2009m1d19-How-New-York-City-gave-new-life-to-old-guns

With criminals ignoring New York City’s gun restrictions, citizens are purchasing exempted black powder muzzle-loading revolvers in an effort to protect themselves.

Does Nassau County D.A.’s No-Handgun-Possession Policy Violate New York Law?

Eugene Volokh
The Volokh Conspiracy
January 13, 2009
http://volokh.com/archives/archive_2009_01_11-2009_01_17.shtml#1231876639

Nassau County prohibits its assistant D.A.’s from applying for a handgun permit or owning a handgun while in office. Gene Volokh isn’t certain that New York state law allows an employer to do that.

My Time in a NYC Jail

‘Kwais’
grylliade.org
January 21, 2009
http://www.grylliade.org/node/3169

A retired Marine and a current Defense contractor spent two days and one night in a New York City jail after being improperly arrested in violation of federal law while trying to transport an unloaded firearm required for his work overseas.

NYC Jailhouse Blues

Brian Doherty
Reason Magazine
January 23, 2009
http://www.reason.com/blog/show/131241.html

Here’s a notice and further comment upon the account above.


Law

Federal Courts

CHAMBERS v. UNITED STATES

Associate Justice David Breyer
January 13, 2009
http://laws.findlaw.com/us/000/6-11206.html

In Chambers v. US, the Court clarified the potential impact of failing to report for penal confinement if you are later convicted of being a felon with a firearm. Under the Armed Career Criminal Act, an individual convicted of being a felon in possession of a firearm gets a mandatory 15 year sentence if they have three prior convictions for serious drug offenses, violent felonies, or both. Federal prosecutors wanted to use a previous conviction for failing to show up to jail as one of Mr. Chambers “violent felonies.” The Supreme Court said no in an opinion by Justice Breyer, Justice Alito concurred.

Oral Argument on the Nordyke Ninth Circuit Court of Appeals case

Case No. 07-15763
U.S. 9th Circuit Court of Appeals
January 15, 2009
http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000002641

Here is the actual audio of the oral arguments presented in the Nordyke vs. King case, the suit contesting an Alameda County law prohibiting gun shows on county property.

Federal Act Does Not Pre-empt Oklahoma Gun Law

Marie Price
The Journal Record (Oklahoma City)
January 21, 2009
http://www.journalrecord.com/article.cfm?recid=95327

“The federal agency in charge of workplace safety does not believe the Occupational Safety and Health Act pre-empts an Oklahoma law prohibiting employers from forbidding the storing of firearms in workers’ cars, according to a letter filed in an appeal with the 10th U.S. Circuit Court of Appeals.”

Housing Authority Settles Gun Lawsuit

Bob Egelko
The San Francisco Chronicle
January 14, 2009
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/01/13/BALM15A1SG.DTL

The San Francisco Housing Authority has agreed to allow its residents to own guns in a settlement of a National Rifle Association lawsuit that followed last year’s U.S. Supreme Court ruling on the right to bear arms.

Settlement Agreement in Doe v. San Francisco Housing Authority

Trutanich-Michel LLP and Henry Alvarez, Executive Director of the San Francisco Housing Authority
United States District Court for the Northern District of California, San Francisco Division
January 12, 2009
http://volokh.com/files/sfpublichousingguns.pdf
PDF files require Adobe Acrobat Reader or similar software.

Here is the actual agreement in facsimile.

New National Parks Rule Allowing Loaded Guns Challenged by Lawsuit

Michael Sangiacomo
The Cleveland Plain Dealer
January 7, 2009

“The National Parks Conservation Association and the Coalition of National Park Service Retirees filed suit this week in U.S. District Court to stop enforcement of a new regulation allowing loaded, concealed firearms in national parks, including the Cuyahoga Valley National Park.”

The First (?) Post-Heller Case Holding a Gun Control Law Unconstitutional

Eugene Volokh
The Volokh Conspiracy
January 12, 2009
http://volokh.com/posts/1231712651.shtml

“That’s U.S. v. Arzberger. The gun control law is the part of 18 U.S.C. § 3142(c)(1)(B) that requires that when someone is charged with possessing child pornography (among other crimes) and is freed on bail, he be ordered not to possess any firearm.” Dr. Volokh provides some commentary by Magistrate Judge James C. Francis IV.

United States of America vs. Jason Arzberger

Magistrate Judge James C. Francis IV
United States District Court, Southern District of New York
December 31, 2008
http://www.volokh.com/files/arzberger.pdf
PDF files require Adobe Acrobat Reader or similar software.

Here is the actual decision.


State Law and Cases

Interesting Georgia Case

David Hardy
Arms and the Law
January 19, 2009
http://armsandthelaw.com/archives/2009/01/interesting_geo.php

“The gun owner was convicted of a drug offense in 1969, and received a full pardon in 1995. When he tried to purchase a firearm, the NICS staff called a local judge and asked him to revoke the fellow’s pistol permit (which I suspect is a BIG violation of the Privacy Act). Basis was a Georgia statute that says persons convicted of a drug offense are forever ineligible to get a pistol permit.Initially he surrendered his permit, then got new counsel, John Monroe and Douglas King, and they put up a fight. The judge ultimately rules for them. A pardon is an executive act, authorized by the state Constitution. The Legislature cannot change its effect. He then sued for an injunction against Federal authorities stopping his purchase and seeking an injunction against them prosecuting him. Here’s the GeorgiaPacking.org webpage on the pleadings. Word is that the government caved in, and provided him with a certification that he is not prohibited to purchase and possess.”

In Re Haney

Probate Court of Forsyth County
State of Georgia
December 23, 2008
http://www.georgiapacking.org/docs/haney_pardon_gfl/Order_Granting_GFL.pdf
PDF files require Adobe Acrobat Reader or similar software.

The actual order of the court In Re Haney is here.

Indiana Supreme Court Green-lights Lawsuit that Blames Gun Makers for Gary’s Crime Problems: Case Alleges Gun Makers, Dealers Knew Weapons Would Go to Criminals

Jon Murray
The Indianapolis
January 13, 2009
http://www.indystar.com/article/20090113/NEWS02/901130359

“The Indiana Supreme Court declined to review a lower court ruling, ending the second round of appeals since the case was filed in 1999. Gary’s suit alleges that 16 gun makers, including Smith & Wesson and Beretta, and six Northern Indiana gun dealers sold handguns they knew would get into the hands of criminals barred from owning them.”

Authority of Local Political Subdivisions to Prohibit the Carrying of Concealed Handguns by Permit Holders under the Concealed Handgun Permit Act

Jon Bruning
Attorney General, State of Nebraska
January 14, 2009
http://tinyurl.com/djrozv

The Nebraska Attorney General opinion explains that cities and towns may not ban the licensed carrying of handguns, because such a ban is preempted by state law. Localities may ban licensed carry in places (e.g., schools) were the mere possession of handguns is prohibited.


Research

Original Popular Understanding of the 14th Amendment as Reflected in the Print Media of 1866-68

David T. Hardy
Working Paper
January 1, 2009
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1322323

Hardy argues that the decision in Heller arose from a belief that is not the intent of the body that proposed an amendment, but the understanding of the people at large who ratified it that matters in understanding a constitutional right. In that context, he analyzes the 14th Amemendment, arguing that the Slaughterhouse decisions invalidated what was understood by the mass of the people supporting its ratification to be that amendment’s expansion of the Bill of Rights to preclude its abrogation by the states.

The Lecture Notes of St. George Tucker: A Framing Era View of the Bill of Rights

David T. Hardy
Northwestern University Law Review: Colloquy
December 22, 2008
http://tinyurl.com/bdg79c

“Given contemporary adherence to originalist interpretation, and the likelihood of future conflict—as demonstrated in Heller—between varieties of originalist analysis, dissemination of Tucker’s hitherto unpublished lecture notes may offer an important contextualization of the Bill of Rights during the Founding period. It is my hope that working to democratize, as it were, the availability of these documents will assist future historical and legal analysis.”

Imagining Gun Control in America: Understanding the Remainder Problem

Nicholas J. Johnson
Wake Forest Law Review
January 13, 2009
http://lawreview.law.wfu.edu/documents/issue.43.837.pdf
PDF files require Adobe Acrobat Reader or similar software.

“Without a commitment to or capacity for eliminating the existing inventory of private guns, the supply-side ideal and regulations based on it cannot be taken seriously. It is best to acknowledge the blocking power of the remainder and adjust ourgun control regulations and goals to that reality. Policymakers who continue to press legislation grounded on the supply-side ideal while disclaiming the goal of prohibition are deluded or pandering.”

The Second Amendment, Heller, and Originalist Jurisprudence

Nelson Lund
UCLA Law Review
2009 Forthcoming
http://www.harvardlawreview.org/issues/122/nov08/amar.pdf
PDF files require Adobe Acrobat Reader or similar software.

While Lund agrees with the majority’s conclusion, he is disappointed in, for example, its dicta regarding how certain laws would still pass muster, which is given without any explanation derived from original understanding.

Gun Policy Debate Podcast

Charlie Blek and Eugene Volokh
Los Angeles chapter of Federalist Society and the Libertarian Law Society
December 5, 2008
http://www.losangelesfedsoc.org/GunPolicyDebate.mp3

Here is the audio of a fifty-one minute debate, moderated by Chief Judge Alex Kozinski, U.S. Court of Appeals for the Ninth Circuit, between Mr. Charlie Blek of the Brady Campaign and Professor Eugene Volokh of the UCLA Law School on the subject of firearms policy.


This newsletter is compiled with help from Dr. Rob S. Rice. For more on this hyperenervated, yet volitional individual, see here: http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dr. Rice also labors assiduously on his non-fiction, for examples of which see here: http://tinyurl.com/dhx7vx

Al Qaeda delenda est!

The Car Tax

February 9, 2009

So what is going on at the Golden Dome in Denver? Here is a small, but important item. Information sent by State senator Greg Brophy.

The Car Tax

What you saw at the Capitol these past couple weeks
was a classic example of concentrated versus
diffused interests.

Mike Rosen gives examples of this all the time on
his show, and speaking of Mike, he should have
taken his own advice and stuck
with Greenburg and Associates; then no one would
have made off with his
money.

The concentrated interests are the contractors and
business communities that benefit from state
expenditures on roads. The diffused interests are
the regular tax
payers who foot the bill for this fee (tax) increase.

The tax increase amounts to a quarter of a billion
dollars a year, so you can see why the contractors
are interested. It means $41 to you for each regular
sized
car and $51 for a pickup or bigger SUV.

It’s probably not worth your coming to the
Capitol to complain about $82 in registration fee
increases a year (two
cars), but for sure the road construction guys are
interested in their share
of an extra quarter billion dollars.
Diffused (tax payers) versus concentrated (tax
receivers).

The bill also allows for tolling of existing roads
just to raise revenue. We took that
part out on Wednesday morning and after the four
Democrats who sided with the
14 Republicans had their arms twisted all through
lunch, they voted to put it
back in during the afternoon session.

We also took out of the bill the provision that
would allow the state to tax you for every mile
driven by putting a GPS
transponder in your car. I expect them
to try to put that provision back in during
discussion in the House.

For sure, we need to spend more money on roads.
I’ve offered many ideas to do just
that, such as the Plus One idea from last year,
which gradually put
transportation funding into the general budget and
built the amount up to a
billion a year additional spending over ten years.
It would work if given a try.

Remember, we didn’t get to this overall road
condition overnight and we won’t solve the problem
for ever overnight.

And, I think it is really important to note that
only a fool would raise taxes during a recession.

We also need to come up with a fair way to pay for
roads in the future.

One of these days, people may be driving fully
electric cars. They won’t pay
much in fuel taxes will they? Heck, I drive
a Prius, so I don’t pay nearly as much as I used to
pay. During the period of $4 gas, I left my
pickup parked as much as possible.
We’ll see that again, I’m afraid.

I’d trade the gas tax for something else.

Bob Beauprez suggested a sales tax on all items as a
trade for the gas tax. It would work.

I have been thinking about an annual stamp on a
driver’s license; kind of like my elk hunting stamp
on my conservation
certificate. Get away from the car,
after all, a lot of people, especially farmers own
lots of cars, and
concentrate on the individual driver.
You can only drive one vehicle at a time; seems
fairer to me than this
increase on all car registrations.

Then the question comes up, when to collect it?
Happy Birthday, you owe the state $150 for
your road stamp! Maybe the fourth
Monday in October would work, that way if the stamp
costs too much, the
voters would revolt.

I am a rural guy, and I always will be. Any idea
that I support will not harm my
neighbors.

I’ve been blogging at
http://www.SenatorBrophy.blogspot.com you can get shorter
and more timely stuff
there.

You can donate to my
campaign by clicking the button below.
Don’t click if you are a lobbyist or have business
before the
legislature.

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the above button to pay.

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“Never let a serious crisis go to waste.”

February 6, 2009

“It’s the economy stupid.” Remember that? I do, and then I also remember George H.W. Bush’s statement “Read my lips, no new taxes.”

The current mess that the economy is in makes George Bush a handy whipping boy. While at the same time conveniently forgetting that it was the Congress that forced those in the market to grant loans and general credit to people that just plain were not qualified. Now that same Congress is playing what basically is the same hand in a card game called  “The House of Cards.” What follows are two similar, but different approaches for caging the tiger. While at the same time pointing out the fallacies of the Democrat proposal (s) that simply continue to hang onto the tigers tail.

First, from Mike Rosen from the Rocky Mountain News;

Here’s the opening paragraph from a New York Times story by reporter Robert Pear (please note that this is a news story in the oh-so-liberal New York Times): “The stimulus bill working its way through Congress is not just a package of spending increases and tax cuts to jolt the nation out of recession. For Democrats, it is also a tool for rewriting the social contract with the poor, the uninsured and the unemployed, in ways they have long yearned to do.”

Reinforcing that assessment is this quote from White House Chief of Staff Rahm Emanuel: “Never let a serious crisis go to waste. What I mean by that is it’s an opportunity to do things you couldn’t do before.”

It would be bad enough if HR 1, The American Recovery and Reinvestment Act of 2009 – a gargantuan $900 billion so-called economic stimulus bill – were merely an overblown accumulation of largely misdirected, politically motivated or wasteful government spending. Examples in the bill abound, like $50 million for the National Endowment for the Arts, $4 million for ACORN or $75 million to discourage cigarette smoking. But those items are nickels and dimes. Calling it “pork laden” is too kind.

FULL STORY HERE

Then, from CNN we have a Libertarian perspective;

Editor’s note: Jeffrey A. Miron is senior lecturer in economics at Harvard University

CAMBRIDGE, Massachusetts (CNN) — When libertarians question the merit of President Obama’s stimulus package, a frequent rejoinder is, “Well, we have to do something.” This is hardly a persuasive response. If the cure is worse than the disease, it is better to live with the disease.

In any case, libertarians do not argue for doing nothing; rather, they advocate eliminating or adjusting policies that are bad for the economy independent of the recession. Here is a stimulus package that libertarians can endorse:

Repeal the Corporate Income Tax: Repeal would spur investment, improve the transparency of corporate accounting, slash compliance costs, and avoid the distortions caused by the special-interest provisions in the tax code. Repeal can work fast, by raising companies’ share prices, increasing cash flow, and allowing corporations to lessen their need for bank lending.

hus repeal provides short-run stimulus and enhances long-run efficiency. Recent estimates suggest that tax cuts are at least as effective as spending increases in raising GDP. The adverse impact on the deficit is likely to be less than the $300-$350 billion in revenue the corporate tax takes in per year, since repeal spurs growth and therefore the revenue from other taxes.

Increase Carbon Taxes While Lowering Marginal Tax Rates: Reasonable people disagree about how much the U.S. should reduce its use of fossil fuels, but crowded highways, air pollution, and global warming all suggest that some reduction is desirable.

The effective way to accomplish this is higher gasoline or other carbon taxes, not the messy, complicated green spending in the Obama plan that will morph into pork in many cases. If higher carbon taxes are combined with lower marginal tax rates, the private sector faces better incentives on both counts. This approach avoids the higher deficits implied by Obama’s green initiatives.

Moderate the Growth of Entitlements: The elephant in the room amidst the stimulus debate is the impending imbalance in Social Security and Medicare as the baby boom generation moves into retirement. Without reductions in benefits, taxes will have to increase substantially, generating a major drag on the U.S. economy.

FULL STORY HERE

Both people have very defined ideas. Which beats the Democrat idea of tossing good money after bad IMO. What do you think..?

From RMGO: H.R. 45

February 5, 2009

H.R. 45 is Draconian Gun Control

What H.R. 45 Does

The legislation has three main components.

  1. Increasing requirements for firearms purchases.
  2. Creating a national firearms registry overseen by the Federal Government.
  3. Stiffen penalties for bookkeeping errors related to the Federal Firearms Database formed in section 2.

To purchase a firearm a person would be required to pass a written firearms examination, release all health records — including mental heath records — to the Attorney General’s office, and submit to a two-day waiting period, as well as pay an “appropriate” fee of $25 per firearm.

Additionally, every firearm sale would be recorded in a database, which would track the serial number, make, model and identity of the owner. The legislation would also make all private sales of firearms illegal, and a felony offense.

In addition to these regulations, the legislation includes excessive regulations and penalties for bureaucratic missteps from simple failures to report address changes to failure to report stolen weapons.

Provisions of H.R. 45 include:

  • Requires passing a written examination to purchase a firearm.
  • Releases medical records — including confidential mental health records — to the Attorney General for Government review.
  • Requires a two-day waiting period on all firearms purchases.
  • Institutes a fee of $25 or more on all firearm purchases.
  • Creates a national database with all firearms and firearms owners registered by serial number with the Federal Government.
  • A Federal ban on all private firearms sales.
  • Increases in penalties for clerical errors related to this national firearms registry.
  • You can read the full text of the bill here.Click here to sign the petition against H.R. 45!


    Who’s sponsoring H.R. 45

    H.R. 45 — President Obama’s National Gun Registry and Citizen Disarmament Act — was written by Illinois Congressman Bobby Rush (D). It currently has no cosponsors.


    But will it pass Congress?
    Congressman Rush’s bill an outrageous destruction of Constitutional Rights, but it’s the compromises that are truly dangerous

    Though far-left gun-haters routinely sponsor pie-in-the-sky legislation (anyone remember the days of Sen. Moynihan’s annual 1000% tax on ammo?), H.R. 45 has set new lows for the depths to which hoplophobes will sink.

    Is H.R. 45 dangerous? Yes.  But is it likely to pass?  No, not in its current form…. it’s too far-reaching.

    What is likely to pass, though, is a compromise, a deal cut with the gun-grabbers and the group that ostensibly represents gun owners, the NRA.

    Think that can’t happen? Rewind to the summer of 2007, when arch gun-hater Congresswoman Carolyn McCarthy sat down with NRA board member Congressman John Dingell to craft a deal to expand Brady Checks into new realms of mental health records. A few months later, H.R. 2640 passed…with the approval of the NRA and McCarthy.

    Congressman Rush’s gun control ideas are much, much more dangerous as amendments to legislation that is already advancing.

    Remember the Brady Bill? It didn’t pass as a stand-alone bill. It passed as an amendment.

    Even more frightening was that it passed with the approval of the NRA (click here for that full story)

    The same is true of the Lautenberg Domestic Abuse ban, the Assault Weapons ban, 1986 McClure-Volkmer (which bans the manufacture of transferable machine guns), the 1968 Gun Control Act, and numerous other examples (especially if you look at state legislation).

    Yes, we’re watching H.R. 45. , and we want everyone to sign our petition against it. But also beware the slight of hand — it’s often more dangerous.

    Click here to sign the petition against H.R. 45!

    Attracting Mountain Lions

    February 4, 2009

    Living with wildlife is an ongoing theme anymore. While this article deals with Mountain Lions it applies to bears and other wildlife as well.

    YOU MAY BE ATTRACTING MOUNTAIN LIONS TO YOUR PROPERTY WITHOUT EVEN KNOWING IT


    COLORADO SPRINGS, Colo. – Colorado’s abundant wildlife is often cited by residents as one of the things they like best about living here. During the mid and late 20th century, Colorado’s growth brought people in closer contact with deer, elk and other wildlife species, to the delight of a new generation of wildlife watchers.

    But one of these wild animals is the mountain lion, a powerful predator that while secretive by nature, has become increasingly visible in recent years.  And as some Coloradans have discovered, when mountain lions follow deer and other wildlife prey, it brings them into to people’s neighborhoods.

    Although most people will never see a mountain lion in their lifetime, the Colorado Division of Wildlife (DOW) says the number of reports of mountain lion sightings has been gradually increasing.

    “Attacks on people are rare,” said Jerry Apker, a carnivore specialist with the Colorado Division of Wildlife. “But attacks on dogs and cats are becoming more common.”  DOW policy is very clear when it comes to lions that pose a threat to human safety.  They must be destroyed.

    While a spate of lion sighting in some Front Range neighborhoods have generated headlines recently, DOW officials stress that these big cats can be found almost anywhere in the state where a suitable population of deer exists.

    In the past year, the DOW destroyed or moved mountain lions from Durango, Canon City, Grand Junction, Colorado Springs, Boulder, suburban Denver, and various other communities throughout the state.

    In one case in the spring of 2008, a mountain lion was found hiding in a barn in eastern El Paso County about 50 miles east of the foothills.  DOW officers tranquilized the cat and moved it back to the mountains.  In another 2008 incident, a man walking along a rural road near New Castle was forced to shoot a lion that threatened the man and his wife. Several weeks after the first New Castle incident, a second lion in the area was killed by DOW officers after the lion killed a horse.

    In July 2008, the DOW killed two lions in Durango.  Both were young females that wouldn’t leave people’s yards in town.  Their behavior was on the aggressive side so the DOW decided that killing the lions for safety reasons was the prudent choice.  In Cortez, a lion jumped from a tree toward a young man on a riding lawnmower.  The lion missed.  The DOW used dogs to tree that cat, and it was destroyed.

    “Roughly 65 percent of Colorado is classified as good mountain lion habitat,” said Apker. “The only place mountain lions cannot live for an extended period of time is where there is no prey.”

    There are a variety of reasons for increased mountain lion sighting.  One is that more humans live and recreate where mountain lions and their primary prey, mule deer, exist.  Other explanations could be related to changes in lion distribution and movement patterns, increasing populations, or the simple fact that people are more apt to report sightings.

    The vast majority of sightings happen very quickly and end when the lion runs away.  But wildlife managers are concerned that more and more reports are coming from populated areas where mountain lions are finding plentiful food supplies.

    DON’T FEED THE DEER

    According to Apker, feeding deer and other wildlife draws prey animals into residential areas – which means mountain lions are likely to follow.  “Sometimes people become a little too anxious to see wildlife and attempt to bring animals closer by putting out food,” he said.

    It is illegal to feed deer in Colorado, but sometimes people do it anyway because they are unaware of the problems it causes.  “Deer are more than capable of finding plenty of natural food to eat on their own,” Apker explained.  “Feeding deer congregates them in back yards and puts everyone in the neighborhood at risk because deer are one of the main food sources for mountain lions.  Mountain lions usually avoid people, but even with human activity nearby, mountain lions are more likely to stay in an area where deer congregate.”

    When a lion kills a large animal like a deer, they consume part of the meat and conceal the rest by covering it with dirt or leaves.  They return again later to eat more.  As long as the meat does not spoil, the lion will remain in the vicinity until it is consumed.  That might be up to a week during the winter.

    If you find a partially eaten carcass on your property, call your local DOW office and they will safely remove the carcass.  This will prompt the lion to leave the area.  In some cases, DOW officers use “negative conditioning” techniques to haze cats away from populated areas.  One method is shooting the lion with bean bags or rubber buckshot.  It sends a strong message to reinforce the cat’s natural instinct to avoid people.

    One of the tools the DOW uses to manage cougar populations is controlled hunting.  Licensed hunters legally kill about 350 mountain lions a year.  Another 40 or so are killed each year by car accidents, or by state or federal wildlife officers responding to calls of lions taking pets or killing livestock.

    PROTECTING PETS

    Like most predators, mountain lions are opportunistic.  In addition to deer, mountain lions also eat raccoons, fox, rabbits, and other mammals.  They do not differentiate between domestic pets and livestock that also make easy prey.

    Pets that are allowed to roam free are in danger of being killed by lions, but also by coyotes or foxes.  Pet owners with outside dogs are encouraged to install tops on kennels to prevent predators from jumping in.

    Although it is a common belief that cougars are only found in the back country, mountain lions have been known to visit nearly every part of Colorado from time to time, including occasional sightings on the eastern plains.

    “I talk to a lot of people who ask me why the Division of Wildlife doesn’t move all of the lions away from the where people live,” said Apker.  “Lions are destroyed if wildlife managers determine the cat is a threat to public safety, but it is impractical to try to move every mountain lion because as long as there is food to eat it is only a matter of time before another mountain lion will move in to fill the vacated territory.”

    Male mountain lions are territorial.  Some individuals live in small territories where prey is plentiful.  Other lions are constantly on the move in territories that cover hundreds of miles.

    The fate of moved lions is poorly understood.  There is reason to believe that some mountain lions die after they are moved.  They could be killed by other lions where they are released, may return, or die trying.  Colorado researchers are currently studying lion movements to learn more about the effectiveness of relocating them.

    Mountain lions hunt day or night, but are most active during hours of darkness.   Males will travel as much as 25 miles a night in search of food.

    Lions are generally solitary.  Offspring can be born during any time of the year and will stay with their mother for approximately one year before heading off on their own.


    TIPS FOR PEOPLE WHO LIVE IN MOUNTAIN LION COUNTRY:
    DON’T FEED WILDLIFE: By feeding deer, raccoons or other wildlife in your yard, you may inadvertently attract mountain lions, which prey upon them.
    LANDSCAPE FOR SAFETY: Remove dense and/or low-lying vegetation that provides good hiding places for mountain lions, especially around children’s play areas.  Make it difficult for mountain lions to approach a yard unseen.
    INSTALL OUTDOOR LIGHTING: Keep the house perimeter well lit at night – especially along walkways – to keep any approaching mountain lions visible.
    KEEP PETS SECURE: Roaming pets are easy prey for hungry mountain lions. Outside kennels should have a secure top.  Do not leave pet food outside; this can attract foxes, raccoons, rodents, and other mountain lion prey.
    KEEP LIVESTOCK SECURE: Where practical, place livestock in enclosed sheds and barns at night, and be sure to secure all outbuildings.
    KEEP CHILDREN SAFE: Keep a close watch on children whenever they play outdoors. Talk with children about mountain lions and teach them what to do if they encounter one.

    WHAT TO DO IF YOU ENCOUNTER A MOUNTAIN LION:
    DO NOT APPROACH A LION: Most mountain lions try to avoid people.  Human encounters are generally brief.  Give them a way to escape.  Mountain lions become aggressive if they feel they are cornered.
    DO NOT RUN FROM A LION: Running may stimulate a mountain lion’s instinct to chase. Instead, stand and face the animal. Make eye contact. If there are small children, pick them up if possible so they don’t panic and run. Although it may be awkward, pick them up without bending over or turning away from the mountain lion.
    STAND TALL AND APPEAR LARGE: Raise your arms. Open your jacket if you are wearing one. Again, pick up small children. Throw stones, branches, or whatever you can reach without crouching or turning your back. Wave your arms slowly and speak firmly in a loud voice. The idea is to convince the mountain lion that you are not prey and that you may be a danger to it.
    FIGHT BACK IF ATTACKED: Many potential victims have fought back successfully with rocks, sticks, binoculars, garden tools and their bare hands. Since a mountain lion usually tries to bite the head or neck, try to remain standing and face the attacking animal.
    DO NOT HIKE ALONE: Go in groups, with adults supervising children.
    KEEP CHILDREN CLOSE TO YOU: Observations of captive mountain lions reveal that they seem especially drawn to children because they are lower to the ground.  Keep children within your sight at all times.

    To learn more about mountain lions, contact your nearest DOW office or www.colorado.gov/wildlife.

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