VA-ALERT: VCDL Update 9/25/11

[allingeneral]

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Not yet a VCDL member? Join VCDL at: http://www.vcdl.org/join.html
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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. ACTION ITEM: A low grade for Virginia Gun Safety Curriculum for public schools
2. James City County to make changes to air gun and discharge ordinances Tuesday
3. Reminder: Renew your VCDL membership online before Sept. 30!
4. Concealed carry reciprocity advocates could get major win with new house bill
5. Lynchburg Police Department traffic stops
6. A lockable container for firearms during traffic stops?
7. Judge to New Mexico: Leave open carriers alone!
8. City of Williamsburg code
9. A victory in Wise, VA!
10. Judge doesn't understand the Constitution?
11. Who needs a gun on campus?
12. Who needs a gun in a parking lot in Coventry?
13. Who needs a gun in a restaurant?
14. Who needs a gun at church?
15. Firearm 'open carry' lawsuit filed against Warren, MI police
16. Walgreens shooting
17. Man pulls gun to stop attack on woman, police say
18. Accidental discharge in a national park
19. Violent crimes drop 12%, reason unknown; in other news, record number of
Americans carrying concealed weapons
20. The Association of Mature American Citizens (AMAC)
21. Suffolk has been notified of invalid ordinances


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1. ACTION ITEM: A low grade for Virginia Gun Safety Curriculum for public schools
*************************************************

Apparently the final curriculum for an optional class on firearms safety to be
taught in Virginia public schools has been approved and it has some serious flaws.
I would give it at most a grade of D.

For starters in talking about firearms safety, it talks about the assassinations of
Abraham Lincoln, John F. Kennedy, and Martin Luther King, Jr.!! What does the
targeted murder of a political figure have to do with gun safety? That would be
like a driver's education class talking about how car bombs are used by terrorists
to blow up innocent men, women, and children!

For kindergarten, the curriculum talks about people who legitimately have guns,
"Helpers who carry a gun as part of their job." Police, military, and park rangers.
Fine and dandy, but NOTHING about mommy and daddy having a gun for protecting the
family. Nope, just me being a radical, I guess. How silly of me. Of course only
"government officials" have guns for a good purpose!

In higher grades, it becomes "People who use guns to protect." You guessed it,
ONLY government officials are shown. No way a parent would have a gun to protect.
They do acknowledge that someone might own a gun for hunting, target shooting, or if
an actor in a movie.

This true/false question is asked as part of the curriculum:

"4. Hunting and sport shooting are responsible reasons for an adult to have a gun.
True False"

There is no mention of self-defense as a responsible reason for having a gun in the
curriculum. How are these children going to look at their parents if they own guns,
but don't hunt or target shoot? Sounds like the answer is "irresponsible."

The company that developed the publication is RJK and Associates - a company that
deals with COMMUNITY VIOLENCE (http://www.rjkandassociates.com/about-us/). What
does a firm that deals with community crime and violence reduction know about gun
safety? Probably as much as they know of the mating habits of tuna fish. What
credentials or experience does RJK and Associates have in firearms safety training?
Why didn't Virginia Department of Education go to an actual Virginia-based authority
on gun safety - the NRA - to draft this curriculum?

Looking at other sources used for the curriculum, many are either hostile towards
civilian gun ownership, discourage gun ownership, or they deal with unrelated issues
like crime and violence.

Some examples:

The Johns Hopkins Bloomberg School of Public Health [PVC: Bloomberg? You know you
just can't make this stuff up!]
The Center for Disease Control
Virginia Department of Education: Discipline, Crime, and Violence Annual Report
University of Michigan Health System

The NRA's wording of the main rules is superior, especially when dealing with
children - short non-verbose and direct commands, like:

Don't touch vs. Leave it alone

and

Tell an adult vs. Let an adult know

THIS CURRICULUM IS UNACCEPTABLE. As written it is as much government indoctrination
as it is firearms safety.

I will be contacting the Governor's Office about this on Monday and I will let you
know what actions they plan on taking to fix this flawed curriculum.

If you would like to send an email to Dr. Patricia Wright, the Superintendent of
Public Education for the Virginia Department of Education, here is her email:

Patricia.Wright@doe.virginia.gov

You should be polite, but firm, saying that you oppose this curriculum for its
skewed, unbalanced agenda, and for implying that murders and assassinations are
somehow connected with "gun safety." Ask why parents aren't listed as people who
use guns to protect instead of just government employees? Ask why a firm which
specializes in community violence was chosen to create a curriculum on gun safety,
something that is totally unrelated to community violence. Since the curriculum was
supposed to be centered around the NRA's Eddie Eagle program, ask why the NRA was
not asked to write the curriculum instead.

Thanks to Alan W. Rose for bringing this to VCDL's attention.

Here is a link to the curriculum:

http://www.doe.virginia.gov/boe/meeting ... item_b.pdf


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2. James City County to make changes to air gun and discharge ordinances Tuesday
*************************************************

James City County is supposed to bring its ordinance on shooting air guns into
alignment with the new state law this Tuesday, September 27, 2011 at 7 PM. They are
also going to make some changes to their discharge ordinance.

It is never a bad idea to have some VCDL members observing such things just in case
something goes wrong (like it originally did in Fairfax County when they only fixed
part of an ordinance, making things worse for a few week). Citizens wearing GSL
stickers in the audience serve to remind local governments that gun owners are
watching how localities deal with firearms.

The meeting is being held at:

James City Government Center
101 Mounts Bay Road
Williamsburg, VA 23185

I am going to be there around 6:45 PM with GSL stickers.


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3. Reminder: Renew your VCDL membership online before Sept. 30!
*************************************************

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


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4. Concealed carry reciprocity advocates could get major win with new house bill
*************************************************

The article below discusses movement on a gun bill in Congress (H.R. 822). H.R. 822
was addressed in a VCDL update some months ago - it makes it so that each state must
honor the CHP of all other states.

As an organization VCDL is conflicted on this bill. On one hand, VCDL does not
believe that the federal government has the authority to dictate such a thing to the
states under the Constitution. There is also the very real danger that the federal
government would dictate "standards" for CHP permits at some point. How often does
the government NOT continue encroaching on something once they have sunk their teeth
into it? You can bet the anti-gunners in Congress would try to use such a law to
damage our right to keep and bear arms.

On the other hand what permit holder wouldn't want to be able to protect himself or
herself in all 50 states? Carrying in DC, Chicago, New York, Boston, Baltimore? Be
still my beating heart! Also, the cat has already been let mostly out of the bag:
the federal government has already dictated that off-duty and retired law
enforcement officers can carry in all 50 states.

VCDL has decided to take a "neutral" position on HR 822, neither fighting for it,
nor fighting against it.

Whether H.R. 822 passes or not, VCDL will continue to do two things:

1. Do what we can to get full CHP recognition into Virginia law, using the leverage
that Virginia would then be doing it anyway at that point.

2. Encourage gun organizations in other states to do the same, with the end result
that the federal mandate will be unnecessary if there is already full nationwide
recognition. Yes, that might be a tough sell in New Jersey, but they will already
be honoring all other states, providing at least some leverage for such a change.
Remember, what the Feds give, the Feds can take away.

-

From theblaze.com: http://tinyurl.com/3t3on7z


CONCEALED CARRY RECIPROCITY ADVOCATES COULD GET MAJOR WIN WITH NEW HOUSE BILL
By Buck Sexton
September 14, 2011

Congressional support is growing for a bill that would force all states to honor
concealed carry permits issued in any other state, allowing citizens to take their
firearms across state lines.

If passed, the National Right-to-Carry Reciprocity Act of 2011 would be a huge win
for Second Amendment advocates, giving a gut punch to many state and municipal gun
control efforts.

Originally introduced this past February by Rep. Cliff Stearns (R- FL) and Heath
Shuler (D-NC), The Right-to-Carry Reciprocity Act now has 241 co-sponsors in the
House, making its passage there likely.

A companion bill is soon to be launched in the Senate, and if it gets enough
Democrat support to avoid a filibuster, it would probably pass there too.

The bill, H.R. 822, essentially says: If Florida awards you a concealed carry
permit, every other state has to honor it, with narrow exceptions. This will greatly
lessen "may issue" politics and bureaucratic obstructionism across the country when
it comes to gun rights.

For those who live in notoriously anti-gun areas like New York City, it appears one
would still need a permit from your home state to concealed carry within that state
if the bill passes. Individual states will still be allowed to regulate concealed
carry permits for their residents.

For example, If you live in New York, things could remain complicated. You would
need a New York permit to carry concealed in the Empire State. If you received an
out-of-state permit from Florida, that permit would allow you to carry any other
state in the country, except your home state (New York), Chicago, and D.C., which do
not allow for concealed carry under any circumstances.

Excluding the home state exception, even the strictest jurisdictions would be
required to honor permits from the most lax. While the bill explicitly references
the 14th amendment on due process and equal protection grounds, it also makes
references to interstate commerce, stating that any qualifying citizen could:

"Carry a concealed handgun (other than a machinegun or destructive device) that has
been shipped or transported in interstate or foreign commerce, in any State, other
than the State of residence of the person."

The bill also states that:

"The Congress finds that preventing the lawful carrying of firearms by individuals
who are traveling outside their home State interferes with the constitutional right
of interstate travel, and harms interstate commerce."

The authors of this bill appear to be accepting one interpretation of states' rights
(home state regulations will be respected) while drawing on the interstate commerce
clause of the Constitution to allow travelers the right of self-defense while moving
between states.

But it is still far too early for gun rights advocates to celebrate, as this is not
the first time such a bill has been proposed. The National Right to Carry
Reciprocity act of 2009 (H.R. 197) never became law, though it was close, and had
substantial support from Senate democrats.

The American Bar Association opposes the bill, claiming states should have '"broad
discretion" on gun regulations. And the Brady Campaign to Prevent Gun Violence will
muster all of its political forces and use every bit of leverage it has on Capitol
Hill to prevent the bill's passage.

President Obama could veto the bill if makes it to his desk, but his poll numbers
are almost rock bottom and its an election year. A presidential veto could unlikely
on purely political grounds. There are a lot of gun owners in the U.S., and plenty
of them are swing voters.

As the National Right-to-Carry Reciprocity Act of 2011 would finally clarify
concealed carry regulations, many are hopeful that the bill will pass and 2011 will
be a banner year for the Second Amendment.


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5. Lynchburg Police Department traffic stops
*************************************************

Joe Seiffert, a VCDL member and retired Lynchburg police chief (amongst many
things), emailed me this email exchange with the current police chief of Lynchburg,
Parks Snead. The exchange is about what appears to be a "policy" of seizing
firearms during traffic stops and running the serial numbers to see if the guns are
stolen. That policy, and the legality of it, were covered in item #21 in the 9/9/11
VCDL Update. The emails are in chronological order. Hat's off to Chief Snead for
acknowledging a problem and simply stepping up to fix it without a litany of excuses
or trying to pass the buck.

--

From: jseif
To: Parks Snead
Subject: LPD traffic stops

Parks,

Here is another item that was in the email to the VCDL members. If the person
is legally carrying, this "policy" of further detention to check the serial # is
going to get the officer and the LPD in a legal log jam, I fear. The next
question iis.....why are the officers NOT checking the serial numbers of persons
wristwatches and so on?

Joe Seiffert

-

From: Parks Snead
To: Joe Seiffert
Subject: Re: LPD traffic stops

Joe -- As you know, we train a lot on the need to have articulable and legally
supported cause for warrantless search or detention. It's recently come to my
attention that we need to also ensure through training that all officers
understand that checking any property against wanted files can be construed as a
search, and the same articulable criteria requirement applies there as well.

In short, I see and agree with your point. Thanks.

Parks


*************************************************
6. A lockable container for firearms during traffic stops?
*************************************************

A thought for those who don't have CHPs, but are lawfully carrying a handgun in a
container while in their vehicle.

"Russ," a VCDL member emailed me this:

--

I'm thinking the only real help during a traffic stop is to have a handgun in a
briefcase or other lockable, removeable container. Lock up the gun when you first
see the flashing lights. It would take a warrant or warrant exception to break the
lock without consent, yet the officer could still hold the container [and gun] for
"officer safety." [PVC: And that's assuming you notified the officer about there
being a gun in the container, something you don't have to do legally. Also,
consider that making "furtive" movements while being stopped can make you look very
suspicious, as criminals are often trying to hide illegal drugs and weapons before
the officer can see them. If the gun becomes visible through your back window as
you are being pulled over, that would also not be a good situation. If you are
thinking of using Russ's idea, I might suggest that the gun be kept in that lockable
container while you are in the vehicle, so that the only thing you have to do is to
reach over and lock the container with no gun handling required whatsoever.]


*************************************************
7. Judge to New Mexico: Leave open carriers alone!
*************************************************

Jon Flores emailed me this:

--

From the Gun Rights Examiner: http://tinyurl.com/3zpjazu

[SNIP]
Notably, Judge Black denied the police officers' requested "qualified immunity," a
judicially created doctrine allowing government officials acting in good faith to
avoid liability for violating the law where the law was not "clearly established."


*************************************************
8. City of Williamsburg fixes air gun ordinance
*************************************************

Member Mike Plaugher, who has been extremely active in helping bring local
governments into compliance with state law on air guns, emailed me this:

--

VICTORY!!

The City of Williamsburg has corrected the 'air gun' code to comply with state law.
Council adopted the new code last week.

I am in the process of checking the other ordinances they are looking at repealing,
to determine the impact....

One down.... more to go....

Mike


---------- Forwarded Message ----------
From: "Christina Shelton"
To: Mike Plaugher
Cc: "Judith KNUDSON"
Subject: Fw: Re: City of Williamsburg Code
Date: Fri, 16 Sep 2011 09:29:16 -0400

Mr. Plaugher,

During their meeting last week, City Council adopted amendments to Sec. 10-124,
bringing the City Code into compliance with the changes to the State Code adopted
during the last General Assembly session. Pneumatic guns, bb guns, and gravel
shooters may be used on private property within the City of Williamsburg so long as
minors utilizing the same are trained and/or supervised and the owner/occupant takes
reasonable care to avoid the ammunition from crossing the property line.

You can find the text of the Proposed Ordinance #11-15 adopted by council under City
Attorney Reports at:

http://williamsburg-va.granicus.com/Gen ... lip_id=116

Next month council will consider amendments and/or repeal of Sections 10-126 and
13-124 of the City Code.

Sincerely,
Christina Shelton
City Attorney


*************************************************
9. A victory in Wise, VA!
*************************************************

*** NOTE DAVE'S CLEVER USE OF THE FREEDOM OF INFORMATION ACT (FOIA) TO GET LOCAL
GOVERNMENT TO DISCLOSE ALL LOCATIONS OF THEIR "NO GUNS" SIGNS! ***

In late July, EM Dave Hicks heard that the Town of Wise, Virginia, had a “No
Weapons” decal on the the main door of their Administrative Building.

He documented that report with this picture: http://tinyurl.com/3s3jmqg

On August 3, he sent an email formally requesting copies of any records related to
any ban of firearms on any Town of Wise property that were in addition to those
restrictions expressly authorized by Commonwealth statute. He cited Virginia
Freedom of Information Act (§ 2.2 -3700 et seq.). He also, referred to Virginia Code
§ 15.2-915 (prohibiting localities from adopting or enforcing such bans).

The decal banning weapons at the Wise Municipal Building was removed by the Chief of
Police on Thursday, August 4, 2011 – as they could not find any local ordnance
creating such a ban.

However, in the FOIA response the Town acknowledged that they had banned weapons in
two additional properties – the Bear Creek Watershed and the Big Glades
Amphitheatre. These bans had been enacted by the Wise Town Council.

Dave followed up with the Town until the Town Council adopted amendments to the
document eliminating local regulation on the carrying, storage, or transporting of
firearms, ammunition, or components thereof in the Big Glades Amphitheatre and in
the Bear Creek Watershed.

As far as Dave has determined, the Amphitheatre, which was under construction at the
time, had never been actually posted on site.

On September 19, 2011, the Town confirmed that the weapons prohibitions at the Bear
Creek Watershed (which had been posted at that site -- both by a sign and through
display of the regulations themselves) had been removed and/or revised.


*************************************************
10. Judge doesn't understand the Constitution?
*************************************************

Joe Gherlone emailed me this about a previous alert item on 9/8/11 ("18. Revisiting
the 2nd Amendment's right to bear arms").

--

The quote in #18 from U.S. District Judge Morrison England is particularly
terrifying, in that a Federal judge seems to believe that the Constitution "creates"
rights, as opposed to protecting rights that individuals naturally have. I can
understand that kind of fundamental error in a layman, but a jurist should know
better.

Joe


From the Los Angeles Times: http://tinyurl.com/3bjtqpz


*************************************************
11. Who needs a gun on campus?
*************************************************

A VA-ALERT reader emailed me this:

--

Philip,

Here's another story for you from Roanoke College. It's a case of homosexual sexual
assault with the perp impersonating a police officer.


From roanoke.com: http://tinyurl.com/67aku99


Suspect in Salem sex case faces additional charges
By Jorge Valencia
September 14, 2011

A 25-year-old man who was arrested at Roanoke College this week on suspicion of
sexual assault had been impersonating a police officer, according to the Salem
Police Department.

The man, Hung P. Nguyen, was arrested about 1 a.m. Sunday, after students said he
matched the description of a man suspected of calling male students to his car and
groping them, said police Sgt. Mike Crawley.

"The suspect was inside of a vehicle when he attempted to gain the victims'
attention by calling them to his car and telling them he was a police officer,"
Crawley said.

In one of two incidents, a 19-year-old student told police he was walking on Clay
Street near North Market Street about 2 a.m. Sept. 3 when he was sexually assaulted.
College officials described the suspect as a thin, 5-foot-10-inch male who attempted
to grab him sexually and pull him into a student parking lot.

Nguyen has been charged with two counts of impersonating an officer and sexual
battery. He was released from the Roanoke County-Salem Jail on an unsecured bond and
is scheduled for a hearing 8:30 a.m. Oct. 4 in Salem District Court.


*************************************************
12. Who needs a gun in a parking lot in Coventry?
*************************************************

From Williamsburg Yorktown Daily, wydaily.com: http://tinyurl.com/642nqn7


Two Robbed at Gunpoint in Coventry
By Sam Thrift
September 12, 2011

Two people were robbed at gunpoint around 11:30 p.m. on Sept. 9 in a parking lot
around the 500 block of Wrought Iron Bend in Yorktown, according to a press release
from the York-Poquoson Sheriff's Office.

The male and female victims were robbed in the Coventry neighborhood by suspects
described as two black males in their early to mid-twenties. The suspects are both 5
feet 6 inches to 5 feet 7 inches tall. One suspect was wearing a gray T-shirt and
the other was wearing a blue T-shirt.

During the robbery, the suspects displayed a small, semi-automatic handgun that was
dark in color.

No one was injured and the suspect fled on foot.


*************************************************
13. Who needs a gun in a restaurant?
*************************************************

From wydaily.com: http://tinyurl.com/3owlsey


Police Seek 2 in JCC Restaurant Holdup
By WYDaily Staff
Friday, September 16, 2011

James City County police are investigating the armed robbery of a fast food
restaurant Thursday night.

Police say two men armed with handguns entered the McDonald's at 9193 Barhamsville
Rd. at 9:14 p.m., then ordered six employees to the floor. One suspect took the
manager to the back of the store and ordered her to open the safe, while the second
suspect ordered another employee to open the cash registers.

Both suspects fled the store in separate vehicles. One car is described as an older
model, possibly a Toyota Corolla with a Virginia license plate that begins with the
letter 'Y'. The second vehicle is described as a 2007 black Cadillac sedan. Both
vehicles were last seen traveling west on Richmond Road toward New Kent County at a
high rate of speed.

The first suspect, who drove the black sedan, is described as a black male, about
5'11" tall and 25-35 years old. He wore all-black clothing with red trim, a black
baseball cap, Air Force One shoes and blue latex gloves.

The second suspect, who drove the gold sedan, is described as a black male, about 6'
tall and 25-35 years old with a goatee. He wore a black sweat suit with red trim, a
New York Yankees baseball hat, black Air Force One shoes and blue latex gloves. His
face was partially covered with a stocking.

James City County Police are also looking for a white male who entered the business
wearing clear plastic gloves shortly before the robbery occurred. He used the
restroom, then left.


*************************************************
14. Who needs a gun at church?
*************************************************

Violent crime never happens at churches, especially during a service, according to
the antis, so this must be a false report.

Bill Albritton emailed me this.

--

From entertainment.verizon.com: http://tinyurl.com/65r7ema


Man kills 1 at home, wounds 2 pastors at church
The Associated Press
Sunday, September 18, 2011

LAKELAND, Fla. (AP) -- A gunman killed one person at a Florida home and then burst
through the front door of a nearby church on Sunday, wounding a pastor and associate
pastor before parishioners tackled him and held him until deputies arrived.

Pastor William Boss and associate pastor Carl Stewart were in critical condition,
the Polk County Sheriff's office said. No other church members were hurt. The person
who was killed had not yet been identified.

Jeremiah Fogel, 57, ran through the doors of the Greater Faith Christian Church
after a morning service had wrapped up and just before another daily service,
authorities said. The red-brick building also serves as a school and sits across
from a mobile home park.

It was not immediately known if Fogel had an attorney.

Several police cars and police tape blocked off the church and the street in front.
Ambulances and police cars rushed down the street when the shooting happened,
neighbors said.

"I've never heard of any problems there," said Bryan Neely, who owns a motorcycle
shop about two blocks away.

The suspect owned a limousine service that provided transportation to the airport
and often worked outside with his wife, mowing the lawn and pulling weeds, neighbors
said.

"They both did yard work together. They would cut up and laugh," Doreen Carroll, who
lives a couple of blocks away, told The Ledger of Lakeland ( bit.ly/rdCwfa).

A friend of Boss told the newspaper he is a unique pastor who is caring and works to
help the community.

"He had a gift from God to speak," said Reese King, sports director at a local radio
station.


--------


From fox16.com: http://tinyurl.com/3omog5t


3 arrested in Little Rock church robbery
By Karoline Wightman
9/12/2011

LITTLE ROCK, Ark. (AP) - Little Rock detectives arrest and charge 3 suspects with
the robbery of a church congregation Sunday. During questioning, detectives also
make a connection to another robbery at the Home Depot on Chenal Parkway two weeks
ago.

Police recovered cash, jewelry and a gun from a 14, 15, and 20-year-old who
detectives say robbed 18 members of the Third Baptist Church during Sunday School
services on Sept. 11th.

Police say that's when detectives learned the 15-year-old and his brother, a
17-year-old are also responsible for a robbery at the Home Depot on Chenal Parkway
two weeks ago.

Reverend Elmo Johnson from Third Baptist Church describes the fear of being robbed
at gunpoint, but says he finds comfort now that it's all over. "I have sympathy for
them as young men, and I would let them know even though they have done this, God is
a forgiving God, and so are we."

Police are not releasing the names of the 14-year-old and a 15-year-old arrested.
They, along with 20-year-old Larry Storay are charged with 18 counts of aggravated
robbery and theft of property for the Sunday church service robbery at Third Baptist
Church.

Little Rock Police Chief Stuart Thomas says this is a significant event. "Being in a
church and being robbed in a church is extraordinary. You don't typically see that
type of boldness and cruelty."

Reverend Benny Johnson with Stop the Violence also shared his disappointment
regarding Sunday's church robbery. "The house of prayer is a place of worship where
you praise, glorify, and magnify the name of Jesus Christ, but we have individuals
going around robbing a church."

Reverend Elmo Johnson says he and his congregation will meet again this Sunday to
pray and thank God they're all ok, and those responsible can't hurt them again.
"Even though this took place, God had His hand on us, because it could have been
much worse."

Church leaders are calling for more police presence in neighborhoods, but Little
Rock police are confident with the arrest of these three suspects, crime at least in
the neighborhood where the church is located will subside.

Police say the suspects are not connected to the church, they just lived nearby, but
church members say maybe the suspects should have attended services and this might
not have happened.


*************************************************
15. Firearm 'open carry' lawsuit filed against Warren, MI police
*************************************************

From dailytribune.com: http://tinyurl.com/5u7y32r


Firearm 'open carry' lawsuit filed against Warren police WITH VIDEO
By Norb Franz
Daily Tribune Staff Writer
September 12, 2011

A Warren man who is an advocate for firearm "open carry" practices is suing the city
and its police department, claiming officers violated his Second Amendment right to
bear arms.

Jeffery Haman, 54, seeks a $100,000 judgment and $500,000 in punitive or exemplary
damages, as part of the lawsuit he filed recently in U.S. District Court.

With a semi-automatic pistol holstered at his waist, Haman, a former firearms
dealer, was walking home from a local drug store at 12 Mile and Hoover roads in
August 2009 when a patrolman quickly drove up to him.

"At the first instant where I could see through the open passenger window, he had a
gun pointed at me," he said. "Then he came to a stop. As soon as I saw the gun, I
put my hands up."

Haman was ordered to lie on his stomach, with his hands outstretched. The officer
handcuffed him and three additional officers in two patrol cars arrived.

"I asked him what his reason was for stopping me. He said, 'You're walking down the
street with a gun.' I said, 'That's perfectly legal, I'm open carrying.'"

Police took the .45 caliber handgun and his ammunition, and asked if he had
documentation for the weapon. Haman said he showed a purchase receipt and a
concealed-weapon permit although it's not required for open carry.

In a police video of the incident, an officer is heard telling Haman: "You should at
least call us and tell us what you're doing. Walking around like this is just going
to get you hurt somehow.

"You're just asking for trouble, brother."

In his lawsuit, Haman claims the four officers violated his Second Amendment, free
speech and due process rights, and that he was a victim of false imprisonment and
assault and battery.

Haman was released at the scene and was not formally charged with a crime.

The Warren man said he has been trained to handle weapons since age 14, held a
federal license to deal firearms from 1985-91, and has openly packed heat since late
2007.

His reason? "Self defense," he said.

The retiree said his home was burglarized prior to moving to Warren in 2000 and a
convicted felon threatened by phone in 1992 to kill him.

In 2008, Haman helped organize an open carry picnic at Veterans Park in Warren.
Organizers notified the city's top police administrators and commanders in advance.
Several observed the event attended by about 75 gun-toting advocates and their
families.

Warren Police Commissioner Jere Green, who along with former commissioner William
Dwyer are defendants in the lawsuit, said Friday he had just received a copy but had
not read it yet.

Green declined to comment on the specifics of the allegations. He said police
officials consult with the city's attorneys whenever new laws are enacted so that
police are aware of potential changes to law enforcement practices. He cited
Michigan's medical marijuana statute as an example.

"We have to train and educate our troops when things like this happen," said Green,
"and we certainly do."

Emphasizing that he was not commenting on the Haman case, the city's top police
administrator said any officer who sees a person carrying a firearm must quickly
assess any potential threat.

"I don't think a citizen would just want us to drive by and assume it's an open
carry situation," Green said. [PVC: YES, actually we would, sir.]

"Safety's first."

Haman explained the two-year lapse between the incident and the lawsuit was due to
finding the right lawyer and unsuccessful efforts to try to meet with the city
attorney in the hope of convincing the legal department to issue a memorandum to
police on how to address open carry situations in public.

The Warren man is a member of the national Open Carry organization. He acknowledged
that people who see him practicing his Second Amendment right ask him if he is
carrying his gun legally. Haman said he explains the law in Michigan, provides a
pamphlet and suggests they visit www.opencarry.org. He said people typically thank
him for the explanation and admit they didn't know the law.

"Most people don't," Haman added. "That's our purpose -- to educate citizens about
their right to defend themselves in this world of crime."


*************************************************
16. Walgreens shooting
*************************************************

Walgreens does deserve to be spanked over firing an employee who saved lives with
his legally concealed handgun.

Samantha Ellis emailed me this:

--

Philip-

I'm assuming you've heard about the Walgreen's employee who got fired for defending
himself and his store during an armed robbery in Benton Township, MI (outside
Detroit). The pharmacist has a concealed carry permit and fired only after being
fired upon first.

I don't remember seeing mention of it in a recent update [PVC: it was covered
initially] - here is the company contact info!! I'm calling as soon as it opens.

Consumer Relations Contact Information
Phone: toll-free (800) 925-4733
7:30 a.m. to 5:00 p.m. Central Time, Monday thru Friday

Address: Walgreen Company Consumer Relations
1411 Lake Cook Rd, Mail Stop #L428
Deerfield, IL 60015

-Samantha


From Reuters: http://tinyurl.com/3jq9no3


Fired pharmacist who foiled robbers sues Walgreens
By James B. Kelleher
Sep 8, 2011

(Reuters) - A pharmacist fired by the nation's largest drugstore chain after he
foiled a late-night armed robbery of his Michigan store by shooting at the gunmen
has sued Walgreens for wrongful termination.

The federal suit accuses Walgreens of violating Jeremy Hoven's civil rights when it
terminated his employment in May just days after the attempted holdup of the store
where he had worked for over five years.

According to the lawsuit, two masked gunmen entered Hoven's store in Benton Harbor,
Michigan, before dawn on May 8 when he and three other employees were working.

Hoven tried to call 911. But before he could get through, one of the gunmen --
holding another Walgreens co-worker at gunpoint -- jumped over the pharmacy counter,
pointed his weapon at Hoven and began "jerking the gun's trigger," the lawsuit said.

Hoven, who obtained a permit to carry a concealed weapon after the same store was
robbed while he worked in 2007, drew his gun and fired several times, prompting the
gunmen to flee, according to the lawsuit.

No employees or customers were hurt in the incident. But about a week later, Hoven
was fired for violating Walgreens' "non-escalation policy" as well as a policy
barring employees from carrying weapons while they work.

Tiffani Washington, a spokeswoman for the Illinois-based company, said Hoven's
actions broke procedures that Walgreens' developed in cooperation with law
enforcement.

"Our policies in this area are created to maintain maximum safety for our customers
and employees," Washington said.

"Our employees receive very comprehensive training on what to do in the event of
this kind of situation ... Compliance is safer than confrontation."

Hoven said he was exercising his right to defend himself and his fellow employees
and his right to carry a concealed weapon. He said his firing violates, among other
things, his constitutional right to bear arms.

In its official response to the lawsuit, Walgreens lawyers denied most of Hoven's
claims, including that there was an armed robbery in progress. They say the company,
which operates more than 8,000 stores in the United States, had a "plausible and
legitimate business reason to justify the firing."

In response, Hoven's attorneys have released a video of the incident taken by the
store's surveillance cameras that shows an armed man dragging an employee through
the store and then hopping over the pharmacy counter.

After Hoven fires his weapon at the man, the gunman flees the store, dropping his
weapon on the way out.


--------


From abcnews.go.com: http://tinyurl.com/3bgxs8k (video)


*************************************************
17. Man pulls gun to stop attack on woman, police say
*************************************************

Guns Save Lives! This time in Madison, Wisconsin. An important reminder: if
intervening in a violent attack on a third party, be sure you know who the victim
is.

From host.madison.com: http://tinyurl.com/3zd66tx


Man pulls gun to stop attack on woman, police say
By BILL NOVAK
September 12, 2011

A Madison man stopped an attack on a Madison woman by pulling a gun on the alleged
attacker Thursday night, Madison police reported.

The man with the gun held the suspect, Lorenzo Brown, 24, of Madison, at gunpoint
until police arrived, according to a police news release.

Brown was tentatively charged with battery, disorderly conduct and resisting,
following the incident at an apartment on South Park Street that was reported at
10:30 p.m. Thursday.

Madison police said the 41-year-old Madison man who came to the 39-year-old
woman's's aid would not be charged for pulling a gun on the suspect. But arriving
officers did order the gun-holder to the ground and put handcuffs on him because
they didn't know the details of the situation at that time.

Police spokesman Joel DeSpain said the man got involved when he heard screams in a
common hallway of the apartment building and went to investigate.

"He saw the suspect standing over the woman, stomping on her head," DeSpain said.
"He yelled for the man to stop but his pleas fell on deaf ears."

The man went back to his apartment to get his cell phone so he could call 911, but
he couldn't find the phone and grabbed the handgun instead.

"He went back into the hallway and pointed the gun at the suspect, once again
ordering him to stop," DeSpain said. "This time, the suspect paid heed."

The woman got up and fled the building, with the gun-holder keeping his weapon on
the suspect.

"The suspect initially swore at him but later calmed down," DeSpain said.

The man, feeling the situation had been defused, put the handgun in his pocket as
police arrived.

Officers were responding to a report of a weapons offense, with dispatch advising
the officers that a man was holding a gun on another man.

"Not knowing the circumstances, both the suspect and man with the gun were ordered
to the ground and handcuffed," DeSpain said.

The gun-holder was very cooperative, but the suspect was not, yelling obscenities at
officers and allegedly threatening to harm them.

"Once officers understood the situation, the citizen was released," DeSpain said.

The gun-holder was shaken by the incident, but felt if he didn't pull the gun on the
suspect, it could have resulted in a bad situation, DeSpain said.

"He was afraid if he didn't do something the woman might end up dead," DeSpain said.

The woman, who was not seriously injured, told police she came to the apartment
building to use the suspect's cell phone.

"The suspect claimed he and the woman were going to have a romantic interlude after
meeting in a park, but that did not happen, because he said she pulled a knife on
him," DeSpain said.


*************************************************
18. Accidental discharge in a national park
*************************************************

Be sure to carry pepper spray with the same care you would a firearm. An accidental
discharge of either can be bad news.

Bob Culver emailed me this:

From nationalparkstraveler.com: http://tinyurl.com/3z5xrbb


Accidental Bear Spray Discharge Forces Evacuation of Visitor Center at Grand Teton
National Park
By Jim Burnett
September 12, 2011

A popular series of TV commercials asks "What's in your wallet?" but sometimes it's
more important to remember what you're carrying next to your wallet. That was
certainly the case recently at Grand Teton National Park when a park visitor
accidentally set off a canister of bear spray inside a visitor center.

Bear spray has a proven track record as a defensive measure against bear attacks,
but the recent miscue provided a reminder about the importance of following the
instructions for safely carrying such products. The apparently accidental discharge
of pepper spray forced the evacuation of the visitor center at Colter Bay earlier
this month.

According to a park report, as a ranger was greeting visitors for a morning program
in the visitor center auditorium a man sat down on what was apparently an unsecured
canister of bear spray. This caused the can to discharge its contents of highly
irritating spray into the room.

The active ingredient in most bear spray products is capsaicin and related
capsaicinoids, similar to the pepper spray carried by law enforcement officers--but
with a higher percentage of the irritant.

The ranger immediately recognized what had happened and directed all the occupants
of the room to the emergency exits.

Park emergency personnel were notified of the incident since the building's air
handling systems carried the residual pepper spray into the main lobby. The first
emergency units to arrive found approximately 20 employees and visitors in the main
lobby coughing and experiencing other side effects from the pepper spray.

Incident command was established and the building was evacuated. While emergency
medical staff evaluated both employees and visitors, structural fire personnel in
full Personal Protective Equipment began ventilating the building. All the affected
individuals declined medical treatment.

Visitor services were continued through the rest of the day at portable tables in
front of the visitor center while cleanup was begun by facility management staff.
That cleanup, however, proved to be a challenging task.

The irritant in the spray is dispersed in an oil-based aerosol that clings to any
surface it contacts, including vinyl, plastics, carpeting, clothing and human skin.
An additional challenge involved the merchandise in the building's gift shop. The
cooperating association staff bagged and sealed many soft items, such as t-shirts
and stuffed animals, for decontamination at a later date.

It's unknown whether it was a case of guilty conscience or simple panic, but the
visitor who discharged the bear spray ran from the room and building. Rangers were
unsuccessful in locating the man, but statements from the interpreter in the room
and other visitors indicate that the discharge was accidental. The visitor center
was reopened the following day.

The incident is a good reminder that anyone who purchases a product such as bear
pepper spray needs to read--and heed--the instructions. A video from Yellowstone
National Park on use of bear pepper spray notes that "a good bear pepper spray will
have a safety clip on the trigger. This prevents accidental discharge."


*************************************************
19. Violent crimes drop 12%, reason unknown; in other news, record number of
Americans carrying concealed weapons
*************************************************

The article weaves the two topics of decreasing crime with more citizens carrying
guns quite nicely.

James Durso emailed me this:

--

From allamericanblogger.com: http://tinyurl.com/3bho53s


[SNIP]
The "experts" expected an increase in violent crimes with the poor state of the
economy. What they found was quite the opposite:

The number of violent crimes fell by a surprising 12 percent in the U.S. last year,
a far bigger drop than the nation has been averaging since 2001, the Justice
Department said.

The Bureau of Justice Statistics reported there were 3.8 million violent crimes last
year, down from 4.3 million in 2009.

Experts aren't sure why.

That really is bizarre. I wonder what could be behind the incredible decrease in
violent crime…

http://www.usatoday.com/news/nation/200 ... guns_N.htm


*************************************************
20. The Association of Mature American Citizens (AMAC)
*************************************************

Clark Welsh emailed me this:

--

Philip,

Just ran across these people, thought I'd pass it on. I haven't made any decision
one way or the other about whether to join, but they seem to be unhappy about AARP's
pro gun control position, among other things.


From amac.us: http://tinyurl.com/6jo69wr


[SNIP]
Second Amendment- the right to bear arms

We believe that the Second Amendment, which states, "A well regulated Militia, being
necessary to the security of a free State, the right of the people to keep and bear
Arms, shall not be infringed", is an integral part of our freedom.

AMAC supports the Constitution of the United States of America and our Bill of
Rights, including the Second Amendment. Exercising the right to keep and bear arms
demands the utmost responsibility, but we believe the Second Amendment guarantees
our inalienable right to keep and bear arms. We urge all gun owners and users to be
safe and responsible. Of course, firearms should only be obtained and used legally.
We believe that all gun owners and users should attend courses led by certified
instructors to learn the safe and proper use of firearms. [PVC: I would feel
better if they URGED gun owners to get training. This sounds almost like a
mandate.]


*************************************************
21. Suffolk has been notified of invalid ordinances
*************************************************

Member Leigh Alan Dyer, a new resident of Suffolk, took up point on getting Suffolk
to fix some of their preempted ordinances. He filed this report:

I spoke to the Mayor and Council last night and I addressed the air gun issue very
quickly by simply pointing out that the authority to write their ordinance had
changed and providing a copy of the Commonwealth statute for the city attorney.

The mayor took a lot of notes when I said "not required" referencing fingerprints
for a CCW and said that I was sure it cost more to run them for each applicant than
they charge, and that Suffolk is one of the few places left still requiring them.

The pistol purchase permit ordinance is a ghost; it's annotated that it's obsolete
and unenforceable, so I asked why it was the only such 'ghost' law in the whole city
books. Maybe someone was intent on making a statement, but the current mayor seems
to want to clean it up. Time will tell.

Leigh



-------------------------------------------
***************************************************************************
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/]
***************************************************************************