VA-ALERT: VCDL Mini Update 11/5/12

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VA-ALERT: VCDL Mini Update 11/5/12

Postby OakRidgeStars » Mon, 05 Nov 2012 21:09:51

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VCDL's meeting schedule: http://www.vcdl.org/meetings.html
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Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html
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1. Carry at polling places
2. Reminder: Emily Miller to speak at VCDL meeting in Annandale on Thursday!
3. VCU is safe! Yeah.
4. Lynchburg PD - 2 items
5. CHPs still on the upswing in Virginia. VCDL quoted
6. "Assault Weapon" comment could cause problems for Obama
7. Chart showing how Obama and Romney have changed on gun control over time
8. VCU students demand VCU PD honor its Constitutional oath
9. Reminder - RSVP for VCDL supper in Marion on November 13th

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1. Carry at polling places
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It is legal to carry in a polling place in Virginia EXCEPT in a place that would otherwise prohibit the carry of firearms, such as a K-12 school or a courthouse.

There is some question about the State Board of Elections prohibiting open carry in polling places (this came up in Chesterfield earlier this year). Concealed carry with a CHP is not in question (again at places where it is not otherwise unlawful to carry.)

Page 2.9 of the election officials handbook it states:

"If someone is known to have a weapon, and is not a sworn law enforcement official displaying their badge, or a person displaying a valid Virginia concealed weapons (sic) permit, have more than one election official approach the individual together and simply ask him to leave the weapon outside. If the person does not immediately comply, have an election official cal 9-1-1 and report the incident."

I don't see that there would be legal grounds for arrest, since there is no law against carrying at a polling place. However, that doesn't mean an arrest couldn't happen anyway.

Just a "word to the wise" and another reason that we need state agency preemption.


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2. Reminder: Emily Miller to speak at VCDL meeting in Annandale on Thursday!
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Emily Miller, the Washington Times's reporter who has been writing a series of articles about Washington D.C.'s horrible gun-control laws, will be speaking at our Thursday, November 8th membership meeting in Annandale!

Emily has almost single-handedly pushed the D.C. City Council into improving laws regarding the purchase and ownership of handguns.

Emily also just received the Second Amendment Foundation's "Journalist of the Year" award for those articles.

Having heard Emily speak at the Gun Rights Policy Conference, this should be an interesting talk.

I hoping for a big turnout to show support for Emily and her work.

The meeting is open to the public and is held at the Mason Government Center in Annandale. Fellowship starts at 7:30 PM and the meeting is called to order at 8 PM. The meeting will adjourn at 9:30 PM, with many heading to a local restaurant for continued fellowship.

Directions can be found here:

http://www.vcdl.org/meetings.html


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3. VCU is safe! Yeah.
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Here is some more useless garbage from VCU leadership about their efforts to fight crime. They forgot to tell students to sing Kumbaya while they are getting held up at gun point. Notice how there is absolutely NO mention of CHP holders being able to carry. Instead they talk about reforming their "security escort service," having bigger buses for students to use, having follow-up emails after a crime alert, and setting up a student advisory committee to the police department. None of that is even close to a substitute for the right to self defense.

Students are getting sick of this baloney. See item #8, below.

http://www.president.vcu.edu/updates/20121026.html


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4. Lynchburg PD - 2 items
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a) A couple of months ago there was an item in an update item about how a Lynchburg PD officer searched a CHP holder's vehicle and ran his gun for stolen merely because the CHP holder as a courtesy told the officer during a traffic stop that he had a CHP and that he had a gun under his seat.

Shortly thereafter I was contacted by a captain with the Lynchburg PD. Turns out that upon reading that alert item, that the Department felt that the officer's behavior should be investigated. They asked to be put in touch with the CHP holder and I passed on the information to them.

I don't know where it went from there, but hats off to Lynchburg PD for following up with us.

b) Here is a video on another Lynchburg PD incident with a gun owner. In this case the gun owner open carried a Mac-11 into Dick's Sporting Goods and somebody complained to the police. He is detained, disarmed, the gun run for stolen, and 15 minutes later the gun is returned and the gun owner is allowed to go on his way.

Some thoughts on the video:

* Because the officer was called to the scene by a complaint, he has a duty to investigate. However, his reason for taking the gun and running it for stolen seems pretty flimsy. For an officer to disarm someone, they need to be able to articulate why he feels the gun might be used against him. Merely carrying a gun is not in itself reason to stop or disarm someone.

Why did the officer think the gun might be stolen?

The officer admits he has never handled a Mac-11 before, but there he is unloading it anyway (after he figured out how to get the magazine out of the gun). Was taking the risk of an negligent discharge and the possible harm to some innocent person really worth it? Why not just leave the gun alone while talking to the gun owner?

The officer seemed relaxed and did not show any signs of feeling in danger. Of course there were FIVE officers there.

* As far as the gun owner goes, one thing you see on the video is the "Chatty Cathy" effect. It is better to remain silent when you are stopped by the police. Of course you can talk to identify yourself or to verbally protest a search of yourself or your vehicle. Do NOT resist an unlawful search or seizure - that can be straightened out later. If you feel you were unlawfully disarmed and/or searched, contact your attorney and give VCDL a call, so that we are aware of the situation. Also, if you are with the person being stopped, the "Chatty Cathy" rule applies to you, too.

Finally, there is no reason to have an "attitude." There is no benefit and only drawbacks. Being polite and setting a good tone can change the resulting encounter dramatically. The same advice applies to the police.

The video is a little long and there are a few family unfriendly words in there. If you wish to watch it, here is the link:




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5. CHPs still on the upswing in Virginia. VCDL quoted
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From hamptonroads.com: http://tinyurl.com/a4eny5k

Concealed-gun permit applications increase
By Sarah Hutchins
The Virginian-Pilot

In Virginia Beach, officials are on track to process about 5,000 applications by the end of December, an increase of about 800 over last year. Suffolk this month had already beat its numbers from last year, and data from Chesapeake and Norfolk indicate those cities could see slight increases, too.

People on both sides of gun rights issues have tossed around a lengthy list of theories about what could be causing the spike, with no consensus.

Most likely, it's a combination of several things, "a perfect storm," of social and political factors, said Philip Van Cleave, president of the Virginia Citizens Defense League, a gun rights advocacy group. Van Cleave, who teaches concealed-weapons permit classes, said he's noticed more middle-age women applying for permits.

Mike Harris, an instructor at C2 Shooting Center in Virginia Beach, said numbers surged after the Colorado movie theater shooting this year.

And the rise of online handgun courses has made the process of getting a permit easier, said Josh Horwitz, vice president of Virginia Center for Public Safety, a nonprofit group working to decrease gun violence. With no required live-fire training, Horwitz said, the process of getting a permit is "virtually painless." [PVC: No surprise that the antis want us to feel pain in order to exercise a right.]


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6. "Assault Weapon" comment could cause problems for Obama
*******************************************************

From foxnews.com: http://tinyurl.com/bfh2fuj

Debate answer on assault weapons ban could cause problems for Obama
By William La Jeunesse

Published November 01, 2012

President Obama may have been tossing a bone to his base, but one answer in the second presidential debate could come back to haunt him with a key voter group -- gun owners.

When asked what the administration has done or plans to do to limit assault weapons at the Oct. 16 debate, Obama said part of the solution to gun violence "is seeing if we can get an assault weapons ban reintroduced."

That comment caught fire with gun owners.

"If there are undecided voters who put the Second Amendment as their first issue, then certainly the president's remark about bringing back any type of gun ban is going to chase away those voters," said Joe Eaton, a regional coordinator with the Buckeye Firearms Association in Ohio.

One of those is independent voter Robert Brewer from Cincinnati.

When he heard the president's renewed support for an assault weapons ban, Brewer said, "I was thinking I was born in a country (where) I had a right to keep and bear arms and I don't know what he's talking about. It goes against the Constitution, which gives me the right to keep and bear arms and that right shall not be infringed."

Pro-gun activists never considered President Obama an ally, after he campaigned in favor of such a gun ban in 2008. Once in the White House, however, Obama did not pursue it. After the mass shooting in Colorado, Obama aides said that the president supports the ban that expired in 2004. But the president had not called for reinstating it until the recent debate.

In Colorado, another important battleground state, Rich Wyatt heard the president loud and clear.

"He wants to do something that is complete violation of our Second Amendment rights and that's going to hurt him when it comes to swing states like Colorado," said Wyatt, owner of the Gunsmoke gun store outside of Denver.

While gun owners may not consider Obama their friend on firearms issues, legislatively he hasn't done anything serious to hurt them. His comment, though, could wake a sleeping giant in a few key places.

Nationwide, there are 90 million gun owners in the U.S., but in the eight critical swing states, already this year more than 2.1 million potential voters bought guns.

Some bought for personal protection, others for target shooting. But in those eight states -- Colorado, Iowa, Florida, Nevada, New Hampshire, Ohio, Virginia and Wisconsin -- 2 million hold hunting licenses. That includes 413,710 in Ohio, and 288,086 in Colorado, two states critical to the president's re-election.

"I am definitely concerned," said new mother Stephanie Thomas, as her baby was sleeping in a carrier on a gun display case inside Target World, an Ohio gun shop. "I wanted to come in and make my purchase before the election."

Referring to the president's proposed ban, she said, "It makes me nervous. I have three children and a home to protect."
Thomas bought a shotgun and a full case of ammo.

Passed under a Democrat-controlled Congress in 1994, the assault weapons ban expired in 2004. Filled with loopholes, critics say it did little to reduce gun violence, since most crimes are committed with hand guns, not bulky rifles with long stocks and barrels.

Used mostly for hunting and target shooting, the AK-47 and AR-15, which is a civilian version of the U.S. military issue M16, these so-called assault rifles are used in fewer than 1 percent of all violent crimes in the U.S., according to studies based on Justice Department data. And despite the negative publicity surrounding these weapons, the rate of gun-related murder and manslaughter fell 11 percent from 2008 to 2010, according to federal statistics.

However, with a few exceptions, congressional Democrats support background checks at gun shows, and bans on assault weapons and high-capacity magazines like the ones used in Aurora, Colo. Laxer gun laws, they argue, mean more homicides and suicides. They point to Ohio, where according to the Brady Campaign to Prevent Gun Violence, the firearm homicide rate now exceeds that of California. The campaign claims Ohio's firearm homicide rate surged after the Buckeye State passed a concealed-carry law allowing many gun owners to obtain a concealed-carry permit.

In the second debate, Obama said: "I also share your belief that weapons that were designed for soldiers in war theatres don't belong on our streets." He added, "What I want is a comprehensive strategy, part of it is seeing if we get automatic weapons that kill folks in amazing numbers out of the hands of criminals and the mentally ill."

However, the president's critics say assault weapons do not differ materially from non-military style firearms. In both cases, each weapon fires one bullet for each pull of the trigger.

Anti-gun activists, though, point to assault rifles' large magazines and their ability to hold more than 10 bullets. [PVC: There's that magic number of 10 that the antis are fascinated with. If we had 20 fingers, I'll bet that magic number would be 20 instead of 10.]

After the movie theater massacre in Aurora this past July, gun control advocate and New York Mayor Michael Bloomberg called on both Obama and Republican presidential nominee Mitt Romney to address how they would try to curb gun violence. Bloomberg at the time called on the White House to back a new assault weapons ban.

"Somebody's got to do something about this, and this requires particularly in a presidential year, the candidates for president of the United States to stand up and once and for all say ... 'It's time for this country to do something'," Bloomberg told CBS' "Face the Nation" in July.

Despite the president's desire to ban certain firearms, Congress is unlikely to adopt any meaningful gun controls. However, the courts are another matter. Both recent Supreme Court rulings affirming an individuals' right to own a firearm were 5-4 decisions. Additional cases limiting gun rights are making their way through the lower federal courts, and many gun experts say the next battleground for the Second Amendment is back at the Supreme Court.

In response to Obama's debate comments, the National Rifle Association came out with a new ad. It warns, "Obama put two justices on the Supreme Court who threaten our right to self-defense. Defend freedom, defeat Obama."

Justices Antonin Scalia and Anthony Kennedy, who typically land on the pro-Second Amendment side of the fence, are 76. If either is replaced by an anti-gun successor, pro-gun activists fear their rights will erode.

"What worries me the most about President Obama getting re-elected is at that point we'll see the real true Barack Obama," Wyatt said.


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7. Chart showing how Obama and Romney have changed on gun control over time
*******************************************************

Thanks to James Durso for the link:

http://ammo.net/election-gun-control-infographic


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8. VCU students demand VCU PD honor its Constitutional oath
*******************************************************

By swearing an oath to defend and protect the Constitution, some VCU students are claiming the police should be backing the student's right to carry a gun, not oppose it. I agree.


From virginiacopblock.org: http://tinyurl.com/bsweb58 [Includes video of last year's VCDL "no guns, no funds!" protest at VCU.]


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9. Reminder - RSVP for VCDL supper in Marion on November 13th
*******************************************************

VCDL will have supper meeting at:

Macados
142 East Main St.
Marion, VA 24354

The meeting will be on November 13, 2012 and is open to the public.

Fellowship starts at 6:30 PM, with food to be ordered from the menu
starting at 7 PM.

Special that night is a $5.85 Hamburger.

SEATING: If attendance is under 25, we will meet on the ground
floor--if attendance is over 25, we will meet upstairs--capacity 40;
stairs may be steep for some members.

IT IS IMPORTANT that members RSVP if they are coming so the proper
room can be set up. Please advise name and number in your group
attending. Speaker to be announced.

Email RSVPs to:

Al@vcdl.org

Thanks for Board member Al Steed Jr. for making the arrangements for
this meeting.



***************************************************************************
VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
dedicated to defending the human rights of all Virginians. The Right to
Keep and Bear Arms is a fundamental human right.

VCDL web page: http://www.vcdl.org [http://www.vcdl.org/]


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Re: VA-ALERT: VCDL Mini Update 11/5/12

Postby GeneFrenkle » Tue, 06 Nov 2012 21:10:02

Can #1 be made into a sticky or something? It is good mid-term info.

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Re: VA-ALERT: VCDL Mini Update 11/5/12

Postby allingeneral » Tue, 06 Nov 2012 21:22:57

GeneFrenkle wrote:Can #1 be made into a sticky or something? It is good mid-term info.


Done -> national-politics/carrying-firearm-virginia-polling-places-elections-t15240.html
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Re: VA-ALERT: VCDL Mini Update 11/5/12

Postby GeneFrenkle » Tue, 06 Nov 2012 21:24:54

You're the _MAN_. Thank you!

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