01/28/11 - VCDL Update 1/28/11 - Part 4

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22. Omaha school shooting
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A VA-ALERT reader emailed me this:

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Student suspended, returns with gun, kills assistant principal, wounds principal, then takes his own life.

Unarmed security hid behind a desk. How is that GFSZ thing working?


From omaha.com: http://tinyurl.com/39nsg3d


Millard South shooting: Suspension ignited fury
By Henry J. Cordes and John Ferak
WORLD-HERALD STAFF WRITERS
Published Wednesday January 5, 2011

Robert Butler Jr. walked into Millard South High School Wednesday just before 1 p.m. and signed in to speak to Assistant Principal Vicki Kaspar.

It was his second visit to Kaspar's office that day. The first hadn't been a pleasant one, the 17-year-old senior slapped with a 19-day suspension for taking part in a Jan. 1 incident where a car was driven across a school football field and track at the school.

But on this four-minute visit, Butler had a gun. It was a Glock .40, believed to be the service weapon of his father, an Omaha police officer.

Butler shot the 58-year-old Kaspar, mortally wounding her, and then fired on Principal Curtis Case. He fired seven shots in all, the last a missed shot at a school custodian, before fleeing the school by car.

Omaha police found him about 45 minutes later in a parking lot, dead from a self-inflicted gunshot.
Kaspar, described by colleagues as a consummate professional devoted to kids, was rushed from the school by helicopter but died hours later. Case, 44, was in serious condition and expected to survive the shooting that rocked the school, the district and the city.

Questions remained and the pain lingered Thursday in the wake of what's believed to be the worst school shooting incident in Nebraska. After Wednesday, Millard South joins the long, sobering list of schools around the globe that have been devastated by disaffected students with guns.

For many in Omaha, it also was a haunting reminder of the Von Maur shooting spree, which on a similar wintry weekday in December 2007 left eight victims dead.

But what was also clear Thursday was the resolve of the Millard South community to come together, heal and move beyond the tragedy.

"We are not going to be defeated by this,'' said 17-year-old Kelsey Shedd, who helped organize a prayer vigil for the victims Thursday at the school, where classes were canceled for the day.

None of the other students in the high school at 149th and Q Streets was hurt, but they endured an ordeal of terror. After the gunfire rang out, students were ordered to huddle in the back of darkened, locked-down classrooms.

"Someone was shot. I'm not dead,'' one student texted her mother.

Another texted this message: "If I don't make it out, I love you."

Panic-stricken parents rushed to the school based on such contacts and breaking news reports, fearing for their children's lives. Hundreds gathered in a church parking lot set up as a staging area, looking east to Millard South and nervously checking cell phones and messages.

Parents were quickly assured that their kids were safe, but it took hours before all the students were finally released.

Even kindergartners went through the sadly common school drill -- one that this time was for real.

Butler's father is Robert Butler Sr., an Omaha police detective. Omaha Police Chief Alex Hayes said in a Thursday press conference that investigators believe the semiautomatic handgun the younger Butler used was his father's service weapon.

While questions about what transpired in the school remain, details from Hayes, interviews with students who knew Butler and two people familiar with the case provided an account of a good but unhappy student who struggled with a move to a new school.

Butler had transferred to Millard South in October from Lincoln Southwest High School. Hayes said Butler had been having tardiness issues and was not listening to his mother, whom he lived with in Lincoln.

The midyear move to a new city and school had been difficult for Butler, his friends said.

Butler referred to his negative feelings in a Wednesday posting on Facebook, the social networking website. Omaha had changed him, he said, and his new school was "even worse.''

For Millard students, Wednesday was the first day back from Christmas break. During that break on Jan. 1, Butler was cited by police for criminal trespass for driving his car on the the football field and track of the school, causing property damage.

Butler, who reportedly had not had previous disciplinary problems at the school, was pulled from his first class by a school security officer at 8:10 a.m. and brought to Kaspar's office. She imposed the suspension because of the damage to school property. Kaspar also called Butler's father in the student's presence.

Butler was escorted out of the school building at 9:23 a.m. His father did not pick him up, and it was unclear how he left the school or where he went. Hayes described him as acting calmly as he left the school and later when he talked to his dad at home.
Police believe it was sometime after he left the school but before he returned that Butler made a chilling Face book posting that became part of the investigation.

"ur gomna here about the evil s--- I did but that f---- school drove me to this,'' he wrote. "I greatly affected the lives of families ruined but I'm sorry. goodbye.''

During the interim, Butler also went to his home. It's at that time police believe he took his father's gun, which was in a closet. His father, who worked the night shift, had been home but left for about 40 minutes to run errands when the gun was taken. The son broke into the garage to take the car that had been locked away since the Jan. 1 incident.

Butler reappeared on the school campus at 12:45 p.m. He walked into the school and signed in to speak to Kaspar.

"He walked into the school just like any normal student,'' Hayes said. A different security guard than the one who escorted him out was on duty at that time.

Police said he was in Kaspar's office for about four minutes with the door closed.
At some point, he pulled a gun, shooting Kaspar three or four times in the upper torso as she sat behind her desk.

Responding to the commotion, Principal Case bolted out of his office across the hall. Butler left Kaspar's office and shot Case two or three times from about 5 feet away, hitting the principal in the back and hip.

As Butler left the school office, he fired wildly down the hall, creating what Hayes described as two additional victims. One was a school custodian who police believe Butler was firing at. The shot missed him and struck a wall, debris from which struck another school employee, a school nurse.

Through a window, the unarmed school security officer saw Butler leaving the office and crouched down behind his desk to protect himself. Butler saw the officer and pointed the gun at him but did not fire. Hayes said he would have had numerous rounds still in the gun.

Butler then left the school, and the security officer ran into the office to check on the victims.

Kaspar was found down behind her desk, bleeding profusely. "Help me," she pleaded.

Over the intercom, students said, another assistant principal announced a "code red,'' the signal for a lockdown. It requires students to stay in their rooms and take cover.

"It's not a drill,'' he said in a shaky voice.

The first call to 911 came at 12:50 p.m. The school resource officer at Millard South, who is armed but was in another office at the time of the shooting, heard the shots and put out a "Help an Officer" call. Omaha officers rushed to the scene, the first arriving in seconds.

The school resource officer then headed out the doors after seeing the security guard out front. The guard gave him Butler's name and the description of the vehicle in which he had fled, and the resource officer put it out over the police radio.

Since it was not yet known how many suspects there were, arriving officers, including some in tactical gear, entered the school to conduct a sweep.

At about 1:35 p.m., 911 received a call about a suspicious vehicle and found the red Accord in a parking lot near 148th and D Streets, about a mile from the school.

Officers approached the car and found Butler dead behind the wheel from a self-inflicted gunshot wound, the vehicle's engine still running.

Police announced about 9 p.m. Wednesday that Kaspar, too, had died of her wounds.
More than 200 students and parents gathered Thursday at the school courtyard for a noon prayer vigil. Students read from the Bible and prayed for Kaspar and Case.

The students also sang "Happy Birthday" to Kaspar, who died in the shooting. She would have turned 59 on Thursday. As students sang, they released six pink and blue balloons that floated east into the sky.

Students linked arms and held hands. Some cried.

The shooting incident is only the second in a Nebraska school in the state's modern history. In 1995, a seventh-grader in Chadron shot and wounded a teacher.

But as with the Von Maur shootings three years earlier, Omaha received a grim reminder that such senseless violence can happen anywhere, anytime.

Said parent Milton Lopez: "I'd never expected this to happen in a little town like Omaha.''

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23. NRA / CRPAF lawsuit invalidates ammunition restriction
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David Ford emailed me this:

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From calgunlaws.com: http://tinyurl.com/5r4e662


NRA / CRPAF LAWSUIT IVALIDATES AB 962
Written by C D Michel
Tuesday, 18 January 2011 13:07
COURT GRANTS NRA / CRPA FOUNDATION MOTION, INVALIDATES UNCONSTITUTIONAL AMMUNITION REGULATION STATUTE THAT WOULD HAVE BANNED MAIL ORDER AMMO SALES & REQUIRED AMMO SALES REGISTRATION

In a dramatic ruling giving gun owners a win in an National Rifle Association / California Rifle and Pistol (CRPA) Foundation lawsuit, this morning Fresno Superior Court Judge Jeffrey Hamilton ruled that AB 962, the hotly contested statute that would have banned mail order ammunition sales and required all purchases of so called "handgun ammunition" to be registered, was unconstitutionally vague on its face. The Court enjoined enforcement of the statute, so mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law.

The lawsuit was prompted in part by the many objections and questions raised by confused police, ammunition purchasers, and sellers about what ammunition is covered by the new laws created by AB 962. In a highly unusual move that reflects growing law enforcement opposition to ineffective gun control laws, Tehama County Sheriff Clay Parker is the lead plaintiff in the lawsuit. Other plaintiffs include the CRPA Foundation, Herb Bauer Sporting Goods, ammunition shipper Able's Ammo, collectible ammunition shipper RTG Sporting Collectibles, and individual Steven Stonecipher. Mendocino Sheriff Tom Allman also supported the lawsuit.

The ruling comes just days before the portion of the law that bans mail order sales of so called "handgun ammunition" was set to take effect on February 1, 2011. The lawsuit, Parker v. California is funded exclusively by the NRA and the CRPA Foundation. If it had gone into effect, AB 962 would have imposed burdensome and ill conceived restrictions on the sales of ammunition. AB 962 required that "handgun ammunition" be stored out of the reach of customers, that ammunition vendors collect ammunition sales registration information and thumb-prints from purchasers, and conduct transactions face-to-face for all deliveries and transfers of "handgun ammunition." The lawsuit successfully sought the declaration from the Court that the statute was unconstitutional, and successfully sought the injunctive relief prohibiting law enforcement from enforcing the new laws.

The lawsuit alleged, and the Court agreed, that AB 962 is unconstitutionally vague on its face because it fails to provide sufficient legal notice of what ammunition cartridges are "principally for use in a handgun," and thus is considered "handgun ammunition" that is regulated under AB 962. It is practically impossible, both for those subject to the law and for those who must enforce it, to determine whether any of the thousands of different types of ammunition cartridges that can be used in handguns are actually "principally for use in" or used more often in, a handgun. The proportional usage of any given cartridge is impossible to determine, and in any event changes with market demands. In fact, the legislature itself is well aware of the vagueness problem with AB 962's definition of "handgun ammunition" and tried to redefine it via AB 2358 in 2010. AB 2358 failed in the face of opposition from the NRA and CRPA based on the proposal's many other nonsensical infringements on ammunition sales to law abiding citizens.

Constitutional vagueness challenges to state laws are extremely difficult to win, particularly in California firearms litigation so this success is particularly noteworthy. Even so, an appeal by the State is likely, but the Court's Order enjoining enforcement of the law is effective - February 1, 2011 - immediately regardless.

Despite this win for common sense over ill-conceived and counter productive gun laws, additional legislation on this and related subjects will no doubt be proposed in Sacramento this legislative session. It is absolutely critical that those who believe in the right to keep and bear arms stay informed and make their voices heard in Sacramento. When AB 962 passed there was loud outcry from law abiding gun owners impacted by the new law. Those voices must be heard during the legislative session and before a proposed law passes, not after a law is signed. To help, sign up for legislative alerts at www.nraila.com and www.calnra.com and respond when called upon.

Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA "Local Ordinance Project" (LOP) - a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the 2nd Amendment. In the post Heller and McDonaldlegal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to pro-actively strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California. Sometimes, success is more likely when LAP's litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of the LAP's recent accomplishments, or to contribute to the NRA or to the NRA / CRPAF LAP and support this and similar Second Amendment cases, visit www.nraila.com and www.crpafoundation.org.


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From the NRA: http://tinyurl.com/6epwuw5


California: AB 962 Formal Injunction Order Issued

Monday, January 24, 2011

Today the Fresno Superior Court issued an Order of Permanent Injunction in the NRA - CRPA Foundation funded legal challenge to AB962, Parker v. California. The order permanently prevents the state and its agents from enforcing the provisions of AB962 (Penal Code sections 12060, 12061, and 12318). A copy of the Order is available here. The Order comes following a dramatic ruling giving gun owners a win in a National Rifle Association / California Rifle and Pistol (CRPA) Foundation lawsuit. On January 18th, Fresno Superior Court Judge Jeffrey Hamilton ruled that AB 962, the hotly contested statute that would have banned mail order ammunition sales and required all purchases of so called "handgun ammunition" to be registered, was unconstitutionally vague on its face. By enjoining enforcement of these statutes, mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law. A formal written ruling from the court will be issued soon.

The lawsuit was prompted in part by the many objections and questions raised by confused police, ammunition purchasers, and sellers about what ammunition is covered by the new laws created by AB 962. In a highly unusual move that reflects growing law enforcement opposition to ineffective gun control laws, Tehama County Sheriff Clay Parker is the lead plaintiff in the lawsuit. Other plaintiffs include the CRPA Foundation, Herb Bauer Sporting Goods, ammunition shipper Able's Ammo, collectible ammunition shipper RTG Sporting Collectibles, and individual Steven Stonecipher.

In addition to these plaintiffs, Mendocino Sheriff Tom Allman, along with ammunition shippers Midway USA, Natchez Shooters Supplies, and Cheaper Than Dirt also submitted declarations in support of the lawsuit.

The ruling comes just days before the portion of the law that bans mail order sales of so called "handgun ammunition" was set to take effect on February 1, 2011. The lawsuit, Parker v. California is funded exclusively by the NRA and the CRPA Foundation. If it had gone into effect, AB 962 would have imposed burdensome and ill conceived restrictions on the sales of ammunition. AB 962 required that "handgun ammunition" be stored out of the reach of customers, that ammunition vendors collect ammunition sales registration information and thumb-prints from purchasers, and conduct transactions face-to-face for all deliveries and transfers of "handgun ammunition." The lawsuit successfully sought the declaration from the Court that the statute was unconstitutional, and successfully sought the injunctive relief prohibiting law enforcement from enforcing the new laws.

The lawsuit alleged, and the Court agreed, that AB 962 is unconstitutionally vague on its face because it fails to provide sufficient legal notice of what ammunition cartridges are "principally for use in a handgun," and thus is considered "handgun ammunition" that is regulated under AB 962. It is practically impossible, both for those subject to the law and for those who must enforce it, to determine whether any of the thousands of different types of ammunition cartridges that can be used in handguns are actually "principally for use in" or used more often in, a handgun. The proportional usage of any given cartridge is impossible to determine, and in any event changes with market demands. In fact, the legislature itself is well aware of the vagueness problem with AB 962's definition of "handgun ammunition" and tried to redefine it via AB 2358 in 2010. AB 2358 failed in the face of opposition from the NRA and CRPA based on the proposal's many other nonsensical infringements on ammunition sales to law abiding citizens.

Constitutional vagueness challenges to state laws are extremely difficult to win, particularly in California firearms litigation so this success is particularly noteworthy. Even so, an appeal by the State is likely, but the Court's Order enjoining enforcement of the law is effective - February 1, 2011 - immediately regardless.

Despite this win for common sense over ill-conceived and counter productive gun laws, additional legislation on this and related subjects will no doubt be proposed in Sacramento this legislative session. It is absolutely critical that those who believe in the right to keep and bear arms stay informed and make their voices heard in Sacramento. When AB 962 passed there was loud outcry from law abiding gun owners impacted by the new law. Those voices must be heard during the legislative session and before a proposed law passes, not after a law is signed. To help, sign up for legislative alerts at www.nraila.com and www.calnra.com and respond when called upon.

Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA "Local Ordinance Project" (LOP) - a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the 2nd Amendment. In the post Heller and McDonald legal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to pro-actively strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California. Sometimes, success is more likely when LAP's litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of the LAP's recent accomplishments, or to contribute to the NRA or to the NRA / CRPAF LAP and support this and similar Second Amendment cases, visit www.nraila.com and www.crpafoundation.org.

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24. Safe in a police station?
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Imagine the carnage in this police station had it been a "gun-free zone" like our military bases with everyone disarmed and unable to return fire immediately. Clark Welsh emailed me this:

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From The Jamestown Sun:
http://tinyurl.com/46ekwfl


Published January 23, 2011
Gunman shoots 4 officers inside Detroit precinct
By: By Corey Williams, The Associated Press, The Jamestown Sun

DETROIT -- A gunman opened fire inside a Detroit police precinct on Sunday, wounding four officers including a commander before he was shot and killed by police, authorities said.

The gunman walked in through the precinct's revolving door shortly after 4 p.m. and opened fire indescriminantly at officers, police said. The officers fired back, killing the gunman.

"Utter chaos and pandemonium took place," Police Chief Ralph Godbee said at a news conference. "We have a number of officers who are shaken up."

Godbee said the gunman has been identified but it was "too early to characterize" him while the investigation was ongoing.

The chief said along with the commander, two sergeants and an officer were wounded, but none appeared to have life threatening injuries.

The commander, who was shot in the back, appeared to be the most seriously wounded. Godbee said he underwent surgery Sunday evening and his prognosis was "very good." A sergeant and an officer who each suffered graze gunshot wounds to the head were both talking and alert, Godbee said.

A female sergeant also was treated and released after her bullet-resistant vest deflected a bullet to the chest, Godbee said.

Police also did not immediately release the names of the wounded officers, saying families had not been notified in all cases.

While the department was "very sobered" by the shootings, Godbee said he was "just very relieved that it appears all of our officers are going to be OK."

The one-story brick building is located along the main street in what is a predominantly business district on the city's northwest side. After the shooting, city and state police squad cars converged on the scene, and an ambulance was seen taking away at least one victim.

Like other precincts in the city, there are no metal detectors at the entrance and visitors are permitted to come in and talk face-to-face with police sitting behind a large, rounded desk.

"We have to take a step back and look at security at each of our facilities . . . as far as we screen our public when they come in," Godbee said.

Retired police Sgt. David Malhalab told The Associated Press that after the Sept. 11 terrorist attacks, the precincts added hand-held metal detectors at the public entrances. He worked at the 6th precinct for years and says the desks are open once you walk in the door.

"I was always very comfortable working the desk because I wanted that one-on-one feeling with the public, but I thought it was an accident waiting to happen and it did," said Malhalab, who spent 23 years on the force and retired in 2005.

Several officers leaving the precinct Sunday night declined to comment about the shooting.

"It's very somber mood, the officers are still somewhat shocked that this happened," said the Rev. Jerome Warfield, chair of the Detroit Police Board of Commissioners, who visited the precinct with other members of the board after leaving the hospital where the wounded officers were being treated.