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Profiles of valor: United States Army Sgt. Hernandez

February 14, 2009

Well done Sergeant, carry on.

Profiles of valor: United States Army Sgt. Hernandez

Hernandez

United States Army Sgt. Omar Hernandez came to America from Mexico with his family when he was six months old. He joined the Army Reserve when he was 19, deploying to Iraq in 2003. He changed to the regular Army in 2004 and returned to Iraq as an infantryman, earning his citizenship after his second tour. On 6 June 2007, during his third tour in Iraq as part of the 4th Brigade Combat Team, 1st Cavalry Division, Hernandez, three other American soldiers and nine Iraqis left Joint Security Station “Maverick” in Ghazaliya on a census patrol.

Just outside the station, however, the team was ambushed. Two Iraqi police were immediately shot. Hernandez returned fire, but was soon shot in the thigh himself. He later said it was “like Forrest Gump — where he goes, ‘Somethin’ jumped up and bit me.'” Indeed — the bullet entered the back and exited the front, just missing his femoral artery, but taking a third of his quadriceps with it. Despite his wound, Hernandez made it to the intersection where the two Iraqi police officers were down, dragging one 15 feet to safety. He then went back for the second, picking him up and carrying him on his shoulder. Hernandez made sure first aid was administered and then resumed firing on the enemy, only later accepting treatment himself. His actions saved the lives of the two Iraqis that day. “I couldn’t let anyone die out there,” he said. For his heroism, Hernandez received the Silver Star.

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Posted in Education, Immigration, Men's Issues, Military Science, News, Politics, Uncategorized, War, Warfare, Wordpress Political Blogs | 2 Comments »

Million Gun Owner March ReDux?

February 11, 2009

This just out; I have to wonder if the word meisters of Newspeak, aka political correctness have become involved.

UPDATE Feb 9, 2009 — by Skip Coryell

We’ve been getting lots of feedback on our name “Million Gun Owner March” and we are listening to you and taking your comments and suggestions seriously. Your input is important to us. After all, this is a movement of the people; it doesn’t belong to us. It moves and breathes and gets its being from “We the People” who give it life and make it live.

Many of you have expressed concern that the name “Million Gun Owner March” implies that people will be marching on Washington DC fully armed and ready to launch an armed takeover. At first I was skeptical, but then I did an internet search and started reading what people were saying across the other forums, and there is merit to what you’re saying. People aren’t reading it as “Million Gun Owner March” but as “Million Gun March”.

Also, we are getting a lot of email from people who don’t own guns, but still want to support us. They believe in the Second Amendment, but just choose, for a myriad of reasons, not to own them. We respect that and want them to feel welcome here. We need as much support as we can get if we’re going to make this march work.

Because of this, we have decided to change our name to “Second Amendment March”. We are still early in this process, so if we’re going to change, then now is the time.

Once again, thanks for your input and your support, and welcome to the “Second Amendment March”.

SOURCE

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Posted in Editorial, Opinion, Education, Gun Control, Law, News, Politics, Uncategorized, Wordpress Political Blogs | 1 Comment »

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]
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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!

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Posted in Blogroll, Editorial, Opinion, Education, Gun Control, Law, Local Politics Colorado, Men's Issues, News, Politics, Uncategorized, War, Wordpress Political Blogs | 6 Comments »

Committee recommends gun rights resolution

February 9, 2009

Mostly those fly over states, the ones with square sides? They have been quietly  telling the Federal Government to take a hike. From unfunded mandates to inalienable rights we the people are telling the big-shots in Washington D.C. to back off. The constant and continual effort to wax fat from the backs of those that they attempt to laird it over is becoming more than can be bared. Not since prohibition has there been such a flare up of resistance against Federal tyranny. Soon, it will reach proportions that lead to the bloodiest conflict the United States has ever known. Latest of the rebellion is Wyoming:

CHEYENNE — A state legislative committee backed a resolution Friday that seeks to reinforce Wyoming’s right to bear arms.

The House Judiciary Committee endorsed the resolution unanimously. The resolution would instruct Congress to stop trying to pass federal legislation that restricts firearm ownership.

Rep. Dan Zwonitzer, R-Cheyenne, the legislation’s sponsor, said Wyoming citizens are concerned that Washington might begin imposing stricter gun control laws.

“A resolution like this isn’t going to change much,” Zwonitzer said, but added that the resolution would send the federal government a message.

The resolution mentions the Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, a federal bill Zwonitzer said is gaining strength in Congress.

He said the bill would impose more stringent government licensing measures on gun owners and place increased restrictions on guns in homes with children under 18.

Zwonitzer said the resolution has wide support among Wyoming citizens. He said the bill would “strengthen the bond between us all.”

SOURCE

For too long the Federal government has used the interstate commerce clause as an excuse for wielding power that is in fact reserved to the states by the Constitution. Both the Ninth and Tenth Amendments are very clear about this, and no, you don’t need to be educated as a high powered attorney to understand the meanings. The Bill of Rights isn’t about what rights you, or the states have, it is about the limits of the Federal government. Over you as a person, and you as a state when combined with others in your locale.

Now, these very same people are attempting to pull a fast one on we, the people, that will have generational effects upon the ability of Americans to live a normal life:

“On page 151 of this legislative pork-fest [the ‘stimulus’ bill] is one of the clandestine nuggets of social policy manipulation that are peppered throughout the bill. Section 9201 of the stimulus package establishes the ‘Federal Coordinating Council for Comparative Effectiveness Research.’ This body, which would be made up of federal bureaucrats will ‘coordinate the conduct or support of comparative effectiveness and related health services research.’ Sounds benign enough, but the man behind the Coordinating Council, Health and Human Services Secretary-designate [since withdrawn] (and tax cheat) Tom Daschle, was kind enough to explain the goal of this organization. It is to cut health care costs by preventing Americans from getting treatments that the government decides don’t meet their standards for cost effectiveness. In his 2008 book on health care, he explained that such a council would, ‘lower overall spending by determining which medicines, treatments and procedures are most effective-and identifying those that do not justify their high price tags.’ Once a panel of government experts decides what is and what is not cost-effective by their definition, the government will stop paying for treatments, medicines, therapies or devices that fall into the latter category. … Mind you, they are not simply looking to exclude treatments that don’t work, but to exclude treatments that are effective, but whose cost, in their opinion, does not justify their use. You, the patient, and your physician don’t get a vote. This would make the federal government the single most important decision-maker regarding health care for every patient in America.” –public affairs consultant Douglas O’Brien

Things like the above are just the tip of the iceberg. It’s not simply about firearms rights, or abortion, it is about the fundamental rights of Americans to be free of oppression from government. Be that Federal, State, or local.

How so..?

“The so-called stimulus bill may not do much for the economy, but it’s certainly stimulating a lot of laughter, as its supporters are reduced to arguing essentially that it would be irresponsible not to waste boatloads of taxpayer money. We do not exaggerate. Consider this article by Michael Hirsh of Newsweek: ‘Obama’s desire to begin a “post-partisan” era may have backfired. In his eagerness to accommodate Republicans and listen to their ideas over the past week, he has allowed the GOP to turn the haggling over the stimulus package into a decidedly stale, Republican-style debate over pork, waste and overspending. This makes very little economic sense when you are in a major recession that only gets worse day by day. Yes, there are still some very legitimate issues with a bill that’s supposed to be “temporary” and “targeted” — among them, large increases in permanent entitlement spending, and a paucity of tax cuts that will prompt immediate spending. Even so, Obama has allowed Congress to grow embroiled in nitpicking over efficiency when the central debate should be about whether the package is big enough. When you are dealing with a stimulus of this size, there are going to be wasteful expenditures and boondoggles. There’s no way anyone can spend $800 to $900 billion quickly without waste and boondoggles. It comes with the Keynesian territory. This is an emergency; the normal rules do not apply.’ Who is this Michael Hirsh, who has elevated unrestrained spending of the people’s money to a high principle? Here’s his bio: ‘Michael Hirsh covers international affairs for Newsweek, reporting on a range of topics from Homeland Security to postwar Iraq. He co-authored the November 3, 2003 cover story, “Bush’s $87 Billion Mess,” about the Iraq reconstruction plan. The issue was one of three that won the 2004 National Magazine Award for General Excellence.’ The bill for ‘Bush’s mess’ is less than the margin of error in reckoning the cost of the ’emergency’ legislation about which Hirsh now chides lawmakers for ‘nitpicking over efficiency.'” –Wall Street Journal columnist James Taranto

What I am suggesting, is that the Federal government, at least the vast majority in the Congress, Senate, and Executive branches, are, in fact working day and night to change the Untied States into some socialist utopia, and that the several states, are rebelling.

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Posted in Domestic Violence, Economics, Editorial, Opinion, Education, Gun Control, Immigration, Law, Men's Issues, News, Politics, Uncategorized, Wordpress Political Blogs | 5 Comments »

Gun control or people control?

February 7, 2009

Those that preach the panacea of a society without violence often use legitimate people as whipping boys for their targets. Legal gun owners for example. Their twisted logic states that guns are evil, and that it is the gun that makes the person do evil things.

Those very same people expose the rest of us to extreme violence, and make it tough, if nor outright illegal to effectively defend ourselves. They make laws that create free fire zones for criminals and social misfits. Like schools, parks and so on. People that inhabit such places are turned into cannon fodder by other people that care little for anything other than their agenda. Such measures may have started out as well intentioned but the evidence is more than clear after so many mass shootings that the law of unintended consequences beats intentions every time.

So then, just who is it that commits most gun crime? A tiny minority are sociopaths that shoot up schools, malls and other public places. By far though, the vast majority are gang related. It is a sad fact of life that in America gangs are just about everywhere. Money is the driving force behind most of the violence, and innocent people get caught in these cross fires as groups vie for territory or “street cred.”

Drugs, and the lucrative profits from dealing that the ongoing drug war bolsters are most often tied to gun violence. At least according the the alphabet soup agencies. A recent CNN article pointed out that nearly all gun violence is gang related. So why then are so many different people, and organizations hell bent on disarming the rest of the population?

It could be blamed on mental illness, and many of the anti rights types are clearly hopolophobics. I think though, that is simply that old game of control. They want control of your life, and through that, your death.

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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..?

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Posted in Economics, Editorial, Opinion, Education, Immigration, Law, Local Politics Colorado, News, Politics, Uncategorized, Wordpress Political Blogs | 1 Comment »

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!

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    Posted in Editorial, Opinion, Education, Gun Control, Law, Local Politics Colorado, News, Politics, Uncategorized, Wordpress Political Blogs | 21 Comments »

    Snow Goose Hunting Seminar in Lamar‏

    February 4, 2009

    SNOW GOOSE HUNTING SEMINAR IN LAMAR

    LAMAR, Colo. — The Colorado Division of Wildlife (DOW) will host a Snow Goose Hunting Clinic at the DOW Office in Lamar on Sat., Feb. 21 from 1-4 p.m.  There is no cost to attend but participants must pre-register.

    DOW biologists will present tips and tricks for hunting snow geese on the eastern plains of Colorado.  Topics will range from the basics for beginners, to techniques for the seasoned hunter.

    Subjects covered include goose identification and biology, how to hunt geese by understanding their daily movements, how weather and terrain affect geese, use of decoys, and much more.

    The program will be geared toward adults.

    The DOW Lamar office is located 2500 S. Main St. (about two hours east of Pueblo on Hwy 50). For more information about the hunting seminar, or to register, call Linda Groat (719) 336-6608.

    Colorado is one of several states that participate in a late light goose season. Relaxed regulations allow for unlimited take of snow geese east of I-25 from Feb. 16 thru April 30.

    According to the U.S. Fish and Wildlife Service, populations of greater and lesser snow geese and Ross’s geese have grown to historic highs.  Collectively called “light geese,” they are causing massive destruction to their summer home on the fragile arctic tundra to the point it may take decades to recover.

    The current breeding population of mid-continent light geese exceeds five million birds.  This is an increase of more than 300 percent since the mid-1970s.  The management goal for mid-continent light geese is to reduce the population by 50 percent.  Since implementation of the liberal harvest regulations in 1999, the harvest of light geese has more than doubled but the population goal has yet to be attained.

    The hunting clinic is part of the seventh annual High Plains Snow Goose Festival.  For more information about the Snow Goose Festival, visit their website at www.highplainssnowgoose.com.

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

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    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.

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    Posted in Editorial, Opinion, Education, Hunting Fishing and the Great Outdoors, Law, Local Politics Colorado, News, Uncategorized | 1 Comment »

    Obama, the new “American way?”

    February 2, 2009

    Many times I have posted about the Obama. About this phenomenon and his ability to mesmerize audiences. About how our Constitutional Republic is turning into the pure democracy of mob rule. About how the Obama used amoral methods to get elected to an office that he does not deserve to be in simply based upon the requirements for the office laid out in the Constitution. Not to mention the foreign money. His promises to negotiate with those sworn to destroy America. Well, just take a look at his cabinet. What a bunch of misfits and outright traitors to their oaths to the Constitution. My prose though, is nothing compared to that of  Dr. Ali Sina. Read his work here.

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