Posts Tagged ‘Law’

Senate Rejects Efforts to Protect Gun Records from ATF

May 27, 2011

 

The Senate yesterday tabled an amendment by Senator Rand Paul which would have protected 4473’s and other gun records from blanket searches by the ATF under the PATRIOT Act.

While some Senators withstood the heat from their leadership to protect your gun rights, many others buckled under the Washington-generated pressure.

Please click here to see how your Senators voted, and who it was that betrayed you!

Some things never really change: Politics, and the world as we know it…

May 9, 2011

Go away for a bit and the whole world appears to be standing on it’s head. That, or mankind truly is stuck on stupid.

Various leftest pundits are actually spreading the anti TEA Party propaganda that we are not taxed enough. Never mind there flawed reasoning, and phony calculations that are based within political correctness and fuzzy math. The real goal of these maniacs is ever expanding government over our lives as much as is possible. Then, their phony arguments forget to include all the various levels of taxation. Special districts, School Districts, Sewer, Library, and let’s not forget RTD, sales taxes at various levels, and the list goes on seemingly forever…

Next: The epic failure obama making the claim that “he” got O.B.L… Sure, have may have given the order to pull the trigger; I’ll give the devil his credit where it’s due. But, for all his “agonizing? SEAL TEAM SIX did the dirty work, along with a host of others that we will most probably never know about simply because of the nature of that type of work. HooRa!

It’s the economy stupid. In keeping with what has become epic fail obama protocol everyday we are being told that the economy is on the upswing. Only to be told otherwise hours, or the next day. When you can’t dazzle them with brilliance, baffle them with…

The ongoing scandal at BATFE get’s worse with every new finding. It’s costing American lives, and the anti freedom and liberty types that infest the administration as well as BATFE could care less. As long as they get to preach their anti American lies it’s all good…

For those that have never seen one? A short time back while driving through the National Elk refuge I came nose to nose with a Moose! While sitting in the drivers seat of a Freightliner. Gads, those are huge animals!

No Wild Turkey hunting for me this year… Let’s hear how you folks did in the comments.

Take care one and all, shoot straight and be safe!

MAN SENTENCED IN MOOSE CASE

April 23, 2011

MEEKER, Colo. – A hunter from Highlands Ranch pleaded guilty April 1 to a felony and several misdemeanors in a case that highlights a growing concern for Colorado wildlife managers — hunters who fail to correctly identify big game animals.

After a three-month long investigation by the Colorado Division of Wildlife, Joel D. Eady, 30, was charged with willful destruction of wildlife – a Class 5 felony, as well as hunting out of season, illegal possession of wildlife and failing to properly care for a harvested animal. The investigation showed that Eady failed to report the incident in a timely manner. This incident happened during a hunting trip in October 2010 in the Missouri Creek Basin, about 30 miles east of Meeker.

“The biggest concern here is that Mr. Eady never reported this to us,” said District Wildlife Manager and lead investigator Jon Wangnild.  “We understand that mistakes happen and we will usually be more lenient with someone who reports an accident right away, but failing to report this incident turned a careless mistake into a felony.”

Following Eady’s guilty plea in Rio Blanco County District Court, Judge Gail Nichols sentenced Eady to three years of supervised probation and a $5,177 fine. The conviction means Eady may face a lifetime suspension of his hunting privileges pending a review by a Division of Wildlife Hearing Examiner.

According to witnesses, Eady admitted to them that he had mistakenly shot the cow moose after misidentifying it as an elk.  He also told those at the scene that he would turn himself in, but never did.

“There is a tremendous amount of information and education about the proper identification of game animals available to hunters,” Wangnild said.  “The Division has a great website where you can get as much information as you need to be a safe and legal hunter. A hunter should never, ever pull the trigger without being certain of the target. But if an accident occurs, the best thing to do is to let us know right away.”

Wangnild said some hunters may not be aware that moose may live in the same area where elk are found so the Division has conducted an extensive education and outreach program to help hunters distinguish between moose and elk, including letters and emails sent to hunters, and videos and illustrations that can be found on the Division’s website.

If a mistake does occur, hunters are encouraged to inform Division authorities immediately. In many cases, wildlife officers may use discretion in making determinations about the facts of a given case. If a hunter does not report an accident and abandons the animal, it can lead to serious charges and fines, as well as lifetime suspension of hunting privileges.

The Division reminds hunters that it is their responsibility to educate themselves as much as possible before hunting and encourage investing in a good pair of binoculars to help identify game. Using a rifle scope to identify game is strongly discouraged because it could create a situation where you may end up pointing your rifle at a person.

In poor light or thick cover, elk can be confused with moose. But on close examination, the differences are stark enough that anyone with basic knowledge of wildlife and a good pair of binoculars should be able to avoid mistaking one species for the other.

A bull moose has a large, dark brown or black body, a bulbous snout and a beard, or bell, under its throat.  One of the most striking differences between a bull moose and a bull elk are its antlers. Bull moose have palmated or flattened antlers with tines, while a bull elk does not. The cow moose is similar in appearance to a bull minus the antlers.

A bull elk has a slender snout, pale yellow rump with darker legs, and chestnut brown neck. It has brow tines that grow off of the main antler beam. A cow elk is similar in appearance to a bull elk but also does not have antlers.

A moose calf can look very similar to an antlerless elk, so using binoculars is critical to identify other distinguishing characteristics.

The Division relies on tips and public information to help enforce hunting regulations, and citizens are encouraged to report illegal activity to Operation Game Thief, a Colorado Division of Wildlife program which rewards citizens who turn in poachers. You can call us toll-free within Colorado at 1-877-COLO-OGT. Verizon cell phone users can dial #OGT.

Callers to Operation Game Thief do not have to reveal their names or testify in court. A reward of $500 is offered for information on cases involving big game or endangered species, while $250 is offered for information on turkey and $100 for fishing and small game cases. Rewards of up to $1,000 are available for information about flagrant violations. Rewards are paid for information which leads to an arrest or a citation being issued.

For more information on how to distinguish moose from elk, please see:
http://wildlife.state.co.us/NR/rdonlyres/5F4B2585-97CF-4F9D-9F67-1520201B74D/0/elkmooseflyer.pdf

Moose/Elk Comparison Video:
http://wildlife.state.co.us/NR/rdonlyres/9C0E127C-EE75-4127-8AE5-2A981A9D5D0/0/moosevselk.wmv

To learn more about Operation Game Thief, please see:
http://wildlife.state.co.us/RulesRegs/LawEnforcement/OperationGameThief/

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

Mexico Disregards U.S. Law

April 23, 2011

In another chapter in the ongoing attempt to blame the American gun community for Mexico’s internal strife, CBS News reports that the Mexican government has retained the New York City-based law firm of Reid Collins & Tsai to examine its options for suing U.S. gun manufacturers and distributors.  This report describes Mexico’s actions as a “novel approach,” in reality, such lawsuits have been used for decades as a tactic by anti-gun groups and governments in their attempts to bankrupt gun manufacturers and circumvent the political process.

That’s why Congress passed the “Protection of Lawful Commerce in Arms Act” in 2005.  This act protects firearms manufacturers, distributors, dealers and importers from suits brought about as a result of “the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended.”  The outlook for a Mexican government suit looks dim; since the PLCAA was signed into law by President George W. Bush on Oct. 26, 2005, no federal court has allowed such a suit by a government plaintiff to go forward against a U.S. firearms manufacturer.

SOURCE

More on BATFE abuse

April 18, 2011

This should sum up why the BATFE needs to be dismantled…

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Brady Ad Off-Target: As Usual… and more

April 17, 2011

We have reported many times on the Brady Campaign’s rush to exploit tragedy for political gain.  Since its inception as the National Council to Control Handguns over 30 years ago, the group has premised its entire agenda on this kind of exploitation for political gain, and on the notion that having more gun control laws and, therefore, fewer guns, means that crime must necessarily decrease.

Since the senseless January 8 attack on U.S. Rep. Gabrielle Giffords and her innocent staff and constituents, anti-Second Amendment groups have been working overtime to exploit the tragedy to resurrect their political agendas.  The Brady Campaign’s most recent, tasteless ploy may represent a new low.

Urge Your Representative To Cosponsor H.R. 822, The National Right-to-Carry Reciprocity Act Of 2011:  Congressmen Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.) have introduced vital legislation that will enable millions of permit holders to exercise their right to self-defense while traveling outside their home states.

There are now only two states that have no clear legal way for individuals to carry concealed firearms for self-defense.  Thirty-seven states have shall-issue permit systems that make it possible for any law-abiding person to obtain a permit, while most of the others have discretionary permit systems (Vermont has never required a permit).

Deadline Nears On BATFE Shotgun Ban Comments:  As we reported on Jan. 28, May 1 is the deadline for public comments concerning a shotgun importation ban that has been proposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. A working group within the BATFE has recommended that any shotgun (semi-automatic, pump-action or any other) that has any one of 10 specific features should be banned from importation, on the grounds that such shotguns are not “generally recognized as particularly suitable for a readily adaptable to sporting purposes.”

Recently, Sen. Charles Schumer (D-N.Y.) — who in the early 1990s was the House sponsor of the Brady Act and the federal “assault weapons” and “large” magazine ban of 1994-2004, and the ill-fated, everything-but-the-kitchen-sink “Brady II” bill — introduced S. 436, the multi-faceted “Fix Gun Checks Act of 2011.” Its simplistic and misleading title aside, this bill dispels any doubt about the goal gun control supporters have had in mind ever since they began harping about “closing the gun show loophole” more than a decade ago.

Schumer’s “fix” bypasses the question of gun shows altogether. In fact, the term “gun show” appears nowhere in his bill. S. 436 proposes that virtually all private transfers, regardless of location, be subject to National Instant Criminal Background Check System checks. The exceptions would be extremely narrow; in many cases, even lending someone a firearm would be subject to federal regulation.

SOURCE

Senate to Consider Bill Allowing Obama-Packing Scheme

Shortly, the U.S. Senate will consider legislation to take a number of key gun-related offices in the Department of Justice and remove them from the requirement of Senate confirmation.  The legislation is sponsored by anti-gun zealot Charles Schumer (D-NY) and weak-kneed Republican Lamar Alexander (R-TN).

S. 679 would give Barack Obama the ability to fill major gun-related Department of Justice slots with anti-gun partisans, without the pesky inconvenience of having to comply with the Constitution’s requirements for Senate confirmation.

Consider the following:

Barack Obama has not hesitated to load up his administration with anti-gun crazies like Regulatory Czar Cass Sunstein (who thinks hunters should be sued in court because of the pain and suffering they inflict upon animals) and Andrew Traver (the nominee to head the ATF who never met a gun control proposal he didn’t like).

If he has been willing to pack his administration with anti-gun extremists — many of whom had to pass Senate confirmation — imagine what kind of lunatics Obama could nominate if the Schumer-Alexander legislation exempted major positions from constitutional advise-and-consent requirements.

To take posts like the official who composes statistics for the Justice Department (the Director of the Bureau of Justice Statistics) and the person who represents the Justice Department before Congress (Assistant Attorney General, Legislative Affairs) and turn them into “Political hack” positions is unacceptable.

ACTION:  Contact your Senators.  Urge them to filibuster S. 679, the Schumer-Alexander bill to exempt Justice Department gun-related posts from the Constitution’s advise-and-consent requirements.   Click here to contact your Senators.

Click here to read this important alert

An ENEMY of the people…

December 18, 2010

Nearly two years into his term, President Obama finally chose a director for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Mr. Obama will submit the name of Andrew Traver, the special agent in charge of the Bureau’s Chicago field division, to the Senate, the White House said. However, he will face a confirmation fight—if his nomination is not filibustered, eliminating him from consideration.

Why? He is an anti-gun zealot. This is preposterous!

I can’t—nor can most Americans—comprehend the idea of an anti-gun zealot being in charge of the ATF. Even worse, Mr. Obama appears to be waiting to appoint him during the Christmas holiday recess because he knows he will face a brutal confirmation hearing by Senate Republicans and gun-rights moderate Democrats—if not an outright boycott of his nomination…

Insiders tell me it this appointment could, and likely will, happen when no one is thinking about it. It could be the last Christmas present you unwrap on Christmas morning; or perhaps, it will be the throbbing headache you wake up with on January 1. The bottom line is this: Andrew Traver is an ENEMY of the people, like you and me, who understand the Second Amendment is the cornerstone of liberty and, without the Second Amendment right to own and bear arms, we would be no more secure, no more safe in our homes, than the least safe and least secure people in the most despotic nations on Earth. The Second Amendment is what safeguards the entire Bill of Rights. Weaken the Second Amendment and the Constitution of the United States will easily be breached.

Let me give you Andrew Traver’s philosophical resume:

  • He favors banning ALL gun shows.
  • He opposes civilian ownership of semi-automatic rifles and shotguns.
  • He opposes private firearm sales.
  • He wants the Center for Disease Control to have oversight of the firearms industry. Apparently Mr. Traver believes guns are a disease. Or, maybe it’s the gun owners he believes are diseased.

This is a DIRECT AFFRONT to those of us who own guns and use them properly and lawfully.

A frightening as it is, Mr. Obama can legally make a “recess appointment” and commission Mr. Traver is the TOP law enforcement official over the gun industry without a single Senator voting to confirm him. By confirming him on January 1, 2011, Traver would head the ATF for the balance of Obama’s term in office. Now, that’s scary, too.


The ATF hasn’t has a director for almost four years. Former director Carl Truscott’s reign was marked by numerous complaints about misappropriation of funds and poor treatment of employees. Following his resignation in 2006, the parameters were changed, and Senate confirmation is now required for a nominee.

Mr. Traver is NOT a friend of the people who whole-heartedly believe in the Second Amendment rights in the U. S. Constitution. Yes, that’s you and me!

What he is a “friend” of is the “Chicago Machine” that spawned so many of your favorite Chicago-Washington “elites” who use the word “Chicago” as a synonym for cronyism. Cronyism was voted OUT in the November elections; but the message has not yet resonated at 1600 Pennsylvania Avenue. Obama’s anti-gun friend will head the ATF if the American people don’t stop him. That’s why you and I must STOP this recess appointment.

The bottom line: We MUST let our voices and votes be heard. Traver is obviously NOT the man to head the most powerful firearms policing agency. His ANTI-GUN BIAS illustrates a clear conflict of interest on his part and his nomination proves that Barack Obama is openly hostile to your gun rights.

Anyone as clearly hostile to the Second Amendment as Mr. Traver is, has no business being allowed to head the powerful gun licensing and regulatory agency.

The nomination of the Naperville, Illinois native to be top gun cop is applauded by gun-control activists, who say the 5,000-employee ATF has lost ground in its regulation of the $28 Billion US firearms business, having labored under interim directors since 2006.

Quite frankly, Mr. Obama has chosen a very strong, anti-Second Amendment ATF head for an administrative job that has far more influence over the practical exercise of the Second Amendment rights than any other job in the country.

In spite of our economic uncertainty, Americans spent $11 BILLION MORE in 2009 than in 2008 to buy guns, ammo, and gear, etc. In an economy that needs every dollar in retail sales from every corner of the free enterprise system, killing $11 billion more in retail sales in a failing economy is not wise, the Second Amendment notwithstanding.

There are roughly 80,000,000 gun owners in our great country who, like you, must reject this presidential appointment. So we must GET INVOLVED NOW to fax every single Member of Congress to make sure that the appointment of Andrew Traver is TOTALLY BLOCKED.

Chris Cox, NRA spokesperson said this about Andrew Travers: “You might as well put an arsonist in charge of the fire department.”

The bottom line: Andrew Traver is an anti-gun zealot. His confirmation, recess or otherwise, MUST be blocked! Mr. Traver is clearly NOT the man to head the most powerful firearms policing agency in the world. His anti-gun bias illustrates a clear conflict of interest. Please help us at this very moment to block this travesty and adverse person who is AGAINST YOU and your ownership of a gun.

We must OPPOSE this confirmation right now.

This email from The Second Amendment Foundation has been modified in order to pass muster with spam filters. If you wish to donate to the cause, go HERE.

epic fail obamacare: The Constitution, what Constitution..?

December 16, 2010

Virginia Attorney General Ken Cuccinelli won a major victory today when a federal judge in Richmond ruled ObamaCare’s individual mandate unconstitutional.

Of course, this battle over the anti-gun national heath care law — which could allow the government to disarm many gun owners based on medical records — is not over.  Twenty other states, led by Florida, also have legal challenges to ObamaCare, and this issue is guaranteed to go to the U.S. Supreme Court.

Certainly, the decision in Richmond is good news for the Constitution and good news for all Americans.

Attorney General Cuccinelli also recently backed GOA’s effort to get the Congress to read the U.S. Constitution at the start of the new session in January.  We could hope that had the 111th Congress read the Constitution, there would have been no ObamaCare.

If you have not already signed the petition, please do so at http://readtheusconstitution.org (and encourage others to so as well).  Below is the text of a letter that Ken Cuccinelli released last week:

———————–

Dear Friend of Liberty,

My friends at Gun Owners of America (GOA) have a great idea to begin the 112th Congress: Read the Constitution!

Not just read it privately, but have it read out loud on the floor of the U.S. House and Senate.

In January, all Members of Congress will swear an oath to uphold and defend the Constitution of the United States.  Yet every day in Washington, that document is ignored by those same people.

Ours was intended to be a government of limited, enumerated powers.  But by disregarding the law of this land, Congress is reaching into the every aspect of American life.  This must stop, and the first step is to remind the politicians about that document that they swore to defend.

It is time to restore constitutional fidelity, and to put the federal government back under the restraints laid out for it by the Founding Fathers.

I hope you will join with GOA and hundreds of thousands of like-minded Americans and sign the petition urging the Congress to read the Constitution in January, before it takes up even one piece of legislation.

You can read and sign the petition at www.readtheusconstitution.org.

Sincerely,
Ken Cuccinelli, II
Attorney General of Virginia

http://www.gunowners.org

obamacare and the Courts…

December 14, 2010

Basic instinct as well as simple logic reveal that the mandated purchase of a product, any product, exceeds the power and authority of government. Yet, as expected, courts are issuing different rulings concerning this abominous assault on the personal liberty and freedom of all Americans.

I can already hear it though; you are just too stupid to be able to understand things like this. It’s just too complicated for you. To that I reply that when laws are beyond the ken of the common man then they are unenforceable, and violate the principles of natural and common law.

Within a fortnight of each other, two federal judges in Virginia, relying on identical precedents and hearing carbon-copy arguments, issued diametrically opposed decisions on the constitutionality of the federal health-care overhaul.

Read side by side, the two rulings reveal strikingly divergent views of what the case is about—and suggest that the fate of the Patient Protection and Affordable Care Act of 2010 will rest on which depiction best satisfies the Supreme Court.

Full Story HERE

So what next..? A Supreme Court ruling that will treat all of us as wayward children that are incapable of making our own decisions about life and death matters? If so, then what of Juries, and our entire system of laws?

Related Story


It’s back: Court to hear arguments over Ariz. immigration law

December 4, 2010

When the Federale’s refuse to enforce their own laws a state needs to do what it has to in order to protect itself, and it’s lawful citizen’s.

PHOENIX – The impassioned debate over the nation’s immigration policy takes center stage at the Supreme Court Wednesday in a dispute over an Arizona law that punishes employers who knowingly hire workers illegally in the U.S.

Arizona’s employer sanctions law has been used just three times in three years, but business interests and civil rights groups, backed by the Obama administration, have banded together to argue that only the federal government may enforce immigration laws.

The outcome in this case also could signal how the court would handle the controversial and more expansive Arizona immigration enforcement law, known as SB1070, that the administration challenged and a federal judge blocked key components this summer.

“It could take this less visible case and do something that impacts substantially on the SB1070 litigation by making some broader observations,” said Peter Spiro, who teaches immigration law at Temple University’s law school.

Full Story