VA-ALERT: VCDL Update 4/16/12

[Taggure]

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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. NOVA VCDL meeting April 19 at Mason District Govt Center
2. VCDL family pot luck picnic in Salem, Va. on April 21
3. VCDL table at the Washington County Gun Show on May 5-6
4. VCDL-RRRC Defensive Pistol Shoot on May 12
5. Anti gun rights quotes
6. Womack Publishers
7. VA-ALERT reader responses: "What not to say after shooting an intruder"
8. State Farm insurance
9. Another VCU victim
10. ODU safety timely warning
11. Encounter with Blacksburg PD [VIDEO]
12. Elderly man shot while protecting wife from robbers [VIDEO]
13. Virginian-Pilot: "Carrying a gun escalates the odds of making a fatal mistake"
14. DC continues to confound me
15. A second national reciprocity bill in the U.S. Senate
16. National reciprocity for concealed carry deserves scrutiny
17. DHS is buying 450 million new bullets
18. Internal memo shows ATF rank and file don't trust the brass [VIDEO]
19. Court: Second Amendment applies outside the home
20. SAF victory strikes down NC emergency powers gun ban
21. Who needs a gun in church? [VIDEO]
22. Police were just 1 minute away
23. Why do Americans love their guns? [VIDEO]
24. Time: The neuroscience of what makes people trigger-happy

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1. NOVA VCDL meeting April 19 at Mason District Govt Center
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VCDL will be having a membership meeting on Thursday, April 19, at 8 PM at the Mason Government Center. Fellowship starts at 7:30 PM.

As with all VCDL membership meetings, it is open to the public, so bring a friend!

Afterwards, we will go to a local restaurant for continued fellowship.

Map: http://tinyurl.com/2vybemv


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2. VCDL family pot luck picnic in Salem, Va. on April 21
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Attention gun owners out in the western part of the state: VCDL will again have a family POT LUCK picnic on April 21st at:

LONGWOOD PARK
611 E MAIN ST
SALEM VA
(shelter at the top of the hill)

Early birds will start arriving at 10 AM -- food to be served at 11 AM. Please bring a dish of your favorite food to share with others. VCDL will furnish plates, eating sticks, drinks, cups, paper napkins and ice for the drinks. There is a small playground for our younger family members close by the shelter -- and restrooms are very close.

Please RSVP to al@vcdl.org with the numbers of your group attending so we can plan on the proper quantity of items to have. This event is open to all VCDL members, families and guests. There is NO cooking grill at the shelter site.


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3. VCDL table at the Washington County Gun Show on May 5-6
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On May 5th and 6th VCDL will again have a table at:

WASHINGTON COUNTY GUN SHOW
Washington Co Fair Griounds
549 West Main St
Abingdon VA 24210
(I-81, Exit 14)

We are looking for helpers for this event; SAT 9 AM--5 PM; Sunday 9 AM--4PM. Contact al@vcdl.org to volunteer!


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4. VCDL-RRRC Defensive Pistol Shoot on May 12
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If you enjoy some fun competitive shooting as I do, mark your calendars!

On May 12th the Roanoke Rifle and Revolver Club (RRRC) will again host the VCDL-RRRC Defensive Pistol Shoot. This event is open to all who wish to attend. Shooter sign in starts at 9 AM -- shooting to start at 10AM. A free hot dog lunch will be at 1:30 PM. SPONSORS are being sought for this event!

More details will be posted closer to the shoot date.


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5. Anti gun rights quotes
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From thefiringline.com: http://tinyurl.com/6r3yx7e

[SNIP]
There is little sense in gun registration. What we need to significantly enhance public safety is domestic disarmament . . . . Domestic disarmament entails the removal of arms from private hands . . . . Given the proper political support by the people who oppose the pro-gun lobby, legislation to remove the guns from private hands, acts like the legislation drafted by Senator John Chafee [to ban handguns], can be passed in short order.

signed by Henry Cisneros and Kurt Schmoke
Communitarian Network's The Case for Domestic Disarmament
HC is the Former Secretary of HUD, KS was Baltimore Mayor


Why should America adopt a policy of near-zero tolerance for private gun ownership? Because it's the only alternative to the present insanity. Without both strict limits on access to new weapons and aggressive efforts to reduce the supply of existing weapons, no one can be safer. ... [W]ho can still argue compellingly that Americans can be trusted to handle guns safely? We think the time has come for America to tell the truth about guns. They are not for us. We cannot handle them.

Editorial, Taming The Monster: Get Rid of the Guns, Los Angeles
Times, B6
1993-12-28


The only way to discourage the gun culture is to remove the guns from the hands and shoulders of people who are not in the law enforcement business.

New York Times
1975-09-24


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6. Womack Publishers
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VCDL is looking for subscribers to the papers below to confirm whether or not they are publishing CHP holder information:

The South hill Enterprise, South Hill, Va

The Union-Star, Brookneal, Va

The Altavista Journal, Altavista, Va. and Campbell Co.

Contact Bob Sadtler at bob.sadtler@vcdl.org if you subscribe to any of the above papers to confirm or deny the claim.


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7. VA-ALERT reader responses: "What not to say after shooting an intruder"
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John Pepper emailed me this in response to a previous alert item ("What not to say after shooting an intruder," VA-ALERT, 4/1/12):

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Dear Philip, glad to see number 11 critique. Pretty good description, but will add some points.

Don't go in the hall or anywhere to meet the intruder or intruders. Either stay put armed and wait or go to a more advantageous location to defend as possible so that the intruder does not see you. Tactic involved is, "They come to you." Aside from this being defense advantage you have made no move that can be construed as an attack on your part. Could detail, "They come to you," but believe you can figure the advantage given thought.

Good about not talking to the police, but not definite enough. In past while instructing self defense with firearms advised answering no questions past your name then on any subsequent questions going broken record repeat, "I will not answer any questions without my attorney present."

Also any 911 call is recorded as we know. Can later be used against you so don't answer questions of the dispatcher either except confirmation of things like the address.


Onward, John


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Robert Sprague emailed me this:

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I know the piece "After the Shooting" By Tupreco Mar 13, 2012, is not a VCDL written article, but I feel it incumbent to point out to people (especially those not yet with us in these matters) the bad ideas in these articles.

"you ease out of bed to retrieve your handgun from the closet safe" - firearm should be at the bedside in a quick access safe or using a Magna-Trigger or similar.

"Another crash in the living room and you are now standing in the hall - gun drawn." - why are you in the hall because of a crash? At best it's bad tactics, at worst...well, see the rest of the article. If there is not a reasonable reason to proceed from your room (other innocent potential victims), the entire rest of the article is irrelevant. We hope they flee because of the alarm or the police showing up. See item 4 from Alan Korwin.

"check his vitals" - I'm not going anywhere near someone that just attempted to kill me. I sincerely hope he makes it, but this action is dangerous.

The rest of the article has great info and is probably one of the best, if not the best, thing I've ever seen in an update.


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8. State Farm insurance
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Member Joe Siefert reader emailed me this:

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Philip,

Here is the followup to what I mentioned to you when you were in Lynchburg on March 3, 2011.

It has been 14 months since I raised the question to State Farm about their **lack** of an exception to homeowner's liability coverage for an intentional act resulting in bodily injury if done in defense of persons or property.

I learned that USAA, Erie, Loudon Mutual and Cincinnati Insurance companies all have the exception and will defend up to the liability limits of their homeowners and Umbrella policies.

I have worked within the "system" at State Farm they have continued to tell me (when I inquired about every 3 months) that they are studying it. The latest was on Feb 28, 2012 when the woman in corporate told me that what they are doing is a "trade secret". She would not tell me anything more.

I have been a State Farm policy holder since 1964 (almost 48 years), but this uncertainty has caused me to cancel my State Farm policies

I worked with a representative at Campbell Insurance Co., in Lynchburg, and purchased policies from the Cincinnati Insurance Company on March 19, 2012. I actually got the same coverage for homeowners, auto, umbrella liability and personal articles (jewelry) for about $140 less per year. AND I got more liability on my auto AND earthquake coverage on homeowners too (I did not have earthquake with State Farm). I also now have the coverage I was seeking - the exception to bodily injury liability coverage, if done intentionally, in defense of persons or property.


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9. Another VCU victim
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And the beat goes on.

Board member Dale Welch emailed me this:

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From the Richmond Times-Dispatch: http://tinyurl.com/7cctvkb

VCU student sexually assaulted at gunpoint, police say
By TIMES-DISPATCH STAFF
March 28, 2012

A Virginia Commonwealth University student was sexually assaulted at gunpoint Tuesday night, VCU Police report.

The assault on the female student took place at about 9:30 p.m. in an alley west of Harrison Street and Floyd Avenue, police said.

The suspect was described as a 6-foot-5-inch male of Asian or Hispanic descent wearing a mask and black sweatshirt, possibly the Ed Hardy brand, police said. He had a deep voice and a tattoo of three stars on his neck.

The suspect was last seen heading toward Harrison Street.


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10. ODU safety timely warning
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From: ODU Alerts
Sent: Sunday, March 25
Subject: ODU Safety Timely Warning

Police report a robbery occurred at 11:55 p.m. Saturday, March 24, in the 1700 block of 48th Street near Whitehurst Hall. Three individuals were walking when they were approached by three males, one with a gun, wearing dark hoodies and jeans. The suspects took personal property and fled the scene on foot.

Safety Tips:

* Walk on well-lit paths and streets.

* Use the campus Safe Ride and Escort Service program. It is available 5:30 p.m. to 2:30 a.m. daily by calling 683-3477 or using one of the emergency telephones or blue light call boxes. Police officers are available to escort you after hours. [PVC: I've was told by a student that this is not a service you can count on in a timely manner.]

* Report suspicious activity and situations to campus police. If you are a victim of crime, report it to police immediately by calling 683-4000.

* Carry a gun [PVC: JUST KIDDING! There is no way that you would be trusted with protecting yourself at ODU! Unpretentious victims are much preferred by the school.]


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11. Encounter with Blacksburg PD [VIDEO]
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The video shows a lawful encounter between an open carrier and the Blacksburg PD. My observations:

1. A police officer can always have a *consensual* contact someone, especially if they are investigating a complaint. Such is the case in the video. The officer handled the encounter correctly. As a consensual encounter when the gun owner indicated that he didn't wish to engage in conversation by his total silence, the officer made it clear that the person was free to go

2. While not talking to the police during such an encounter is wise, I, personally, would have taken a more polite tact with him, saying in a relaxed voice: "Hello officer. I'm just out for a walk. If I'm not being detained I would like to continue on my way. Thank you."

From YouTube: http://tinyurl.com/8xhgjvv


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12. Elderly man shot while protecting wife from robbers [VIDEO]
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Bill Hine emailed me this:

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From nbc12.com: http://tinyurl.com/6o74jxu

Elderly man shot while protecting wife from robbers
By Nicole Bell
March 29, 2012

RICHMOND, VA (WWBT) - A crime alert out of Richmond where an elderly man is shot trying to protect his wife during a robbery.

Police say the couple refused to give up their belongings -- that's when shots were fired.

It happened in the 1000 block of Fourqurean Lane, near Brookland Park Boulevard.

The gunman is on the loose and that's causing concern in the community.

Police say the 80-year-old victim was beaten in the head with a gun and shot. The bullet grazed his leg.

Police have been canvassing the neighborhood, looking to pinpoint the man who shot, attacked, and attempted to rob the elderly man and his wife.

It was 10:30 at night when the couple stepped off a GRTC bus on Brookland Park Boulevard, last Wednesday.

The pair was headed home from work -- when a man with a gun approached the 80-year-old victim and his 61-year-old wife.

Police say one man hung back while another went up to the couple and demanded money -- the victims refused. Police say that's when the 80-year-old swung his bag and hit the gunman.

There was an altercation -- then gunfire.

The noise woke Jeanne Boisineau from her sleep.

"We heard a gunshot -- then there were three more in rapid succession. It was very close," said Boisineau.

One bullet blew out the back window of a nearby vehicle. Another grazed the 80-year-old victim.

Police say it appears the couple was targeted.

"The victims have the same routine and schedule daily," said Detective Christina Benkahla for the Richmond PD. "We believe the suspects targeted my victims and knew their schedules."

One neighbor, who asked we not reveal her identity, has been in contact with the couple.

Neighbor: "He's so sad and he said, 'I have nothing... why would they do this to me? I have nothing this is all for nothing.'"

Nicole: "How is the wife?"

Neighbor: "Oh my gosh, she was so upset."

Now, she's afraid to come out of her home at night.

"It puts a scare in you. It woke up the neighborhood like... if it could happen to him it can happen to anyone."

The elderly couple are up and moving around as normal. They are fearful for their safety which is why we chose not to reveal their identities.


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13. Virginian-Pilot: "Carrying a gun escalates the odds of making a fatal mistake"
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Jeffrey Koke emailed me this:

From hamptonroads.com: http://tinyurl.com/7ylhunn

Carrying a gun escalates the odds of making fatal mistake
By Roger Chesley
The Virginian-Pilot
March 27, 2012

What if George Zimmerman hadn't been carrying a gun? [PVC: Good place to end this article! He probably would be either dead or in the hospital if what I have been reading is true.]

Would he have left his SUV and confronted 17-year-old Trayvon Martin last month in Sanford, Fla.? Did the handgun imbue a sense of courage - or cockiness - that ultimately led to the teen's killing?

It's but one issue in this multilayered, grim story.

Zimmerman, a self-appointed neighborhood watch captain, didn't follow a manual prepared by the National Sheriffs' Association, which says neighborhood watch members "do not possess police powers and they shall not carry weapons or pursue vehicles.... Members should never confront suspicious persons who could be armed and dangerous."

If he had simply obeyed those guidelines, Zimmerman would be as anonymous today as he was before the night of Feb. 26, when he shot Martin dead. An attorney for Martin's family has questioned whether the teenager even knew that Zimmerman was a neighborhood watch member.

The shooting death has sparked a nationwide firestorm about racial profiling, whether hoodies should incite fear, and the notoriety of "stand your ground" laws in Florida and other states. Police and prosecutors have declined to scrutinize some cases where people said they had to shoot first - and ask questions later.

The fact that Martin was black and Zimmerman, 28, is the son of white and Hispanic parents has heightened the uproar. 911 tapes revealed that after Zimmerman called in about a suspicious male, a dispatcher told him not to follow the teen. Several burglaries had been committed by young black men in the gated community; Zimmerman told the dispatcher: "These assholes, they always get away."

A Sanford police report said Zimmerman, who was licensed to carry a handgun, was found with it standing over Martin. Zimmerman, 28, had a bloody nose and a wound in the back of his head; the teen was unarmed and had a pack of Skittles and a bottle of iced tea. After Zimmerman claimed self-defense, police didn't arrest him. He hasn't been charged, but state and federal investigations continue.

Reports on Monday, citing a law enforcement inquiry and witnesses, said at one point Zimmerman was returning to his SUV when Martin approached him. The two exchanged words. Martin punched Zimmerman in the nose, sending him to the ground, and began beating him. Zimmerman then fired.

I want to know why Zimmerman carried the handgun while rolling through the neighborhood. That move escalated the chance for violence.

We've seen this story before, usually involving men.

Hubris, braggadocio and misguided notions about "respect" lead them to pull out firearms. Without guns, they'd probably walk away.

Maybe they had a gun for protection. Too often, it becomes an exhibit at a murder trial. [PVC: So we should give up having cars because all too often they are the tool of serious accidents that take more lives than almost anything else?]

For example, a man was sentenced last week in a manslaughter case after he fatally shot another man outside a Chesapeake nightclub. The defendant had been leaning on the victim's car, and they argued. Court records say the victim and defendant both had guns.

The Pilot's archives are littered with too many tales of this type of nonsense and grief.

Sadly, Martin's case is just the latest.


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14. DC continues to confound me
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Tom Pike emailed me this:

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They can approve zoning for a store to sell pot growing supplies, 5 medical marijuana dispensing locations and 10 cultivation sites, but they can't zone a location for a store to sell guns? [PVC: While VCDL takes no position on drugs, this article once again shows that the Washington, D.C. City Council can move mountains if they want to. However, when it comes to lawful gun ownership, they won't lift a finger to help unless they are under duress.]


From wtop.com: http://tinyurl.com/6perp3m


One-stop marijuana shop set to open in D.C.
March 26, 2012

WASHINGTON - A new superstore is set to open in D.C., and it has a very specific clientele: Growers of medical marijuana.

At 1:30 p.m. on Friday, weGrow opens its doors at 1522 Rhode Island Ave. NE -- the same day D.C. lawmakers are set to announce the winners of medical marijuana permits. The District joined 16 states by legalizing marijuana for medical purposes in 2010.

In addition to plant-growing supplies, weGrow will teach classes on plant and vegetable cultivation and host live grow-room demonstrations with non-marijuana plants.

"This store will serve as a hub for many surrounding states and will be a great launching pad to promote safe and responsible cultivation practices to new growers as medical marijuana laws move eastward," weGrow founder Dhar Mann said in a March 23 press release.

This is weGrow's fourth location -- there are currently two shops open in California as well as a Phoenix location. Michigan, Delaware and New Jersey are scheduled for future stores.


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15. A second national reciprocity bill in the U.S. Senate
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When it comes to a national reciprocity bill, VCDL sees both good and potential evil. Consequently we stand neutral as an organization and leave it up to individual members to decide for themselves if they want to support such a bill.

Mike Swift emailed me this:

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Philip,

You may wish to pass on to the membership the following info. A second National Reciprocity bill has been introduced in the Senate. According to GOA it is preferable to the Democrat sponsored bill. It is: "The Respecting States' Rights & Concealed Carry Reciprocity Act (S. 2213)."

Respecting States' Rights and Concealed Carry Reciprocity Act of 2012" Sponsored by: Sen. John Thune [R, SD]

Introduced Mar 20, 2012

It is also endorsed by NRA and 23 other Senators according to POPVOX (https://www.popvox.com/bills/us/112/s2213/report#nation).


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16. National reciprocity for concealed carry deserves scrutiny
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Ray Kasey emailed me this:

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Philip,

I sent this message out to some friends across the country also interested in this legislation:


Good morning Gents.

Attached is an article about national reciprocity for concealed carry. While this "type" of legislation seems good, it may not necessarily be good.

Last week I attended a meeting of VCDL (Virginia Citizens Defense League), a gun rights organization strictly here in Virginia. What I learned is that when legislation like this is introduced NATIONALLY it very well could come with many strings attached rather than if it were just national recognition done by the individual states as we presently have it.

With a national bill, could come registration, annual training, annual fees to your state (for processing and handling...), etc. Recently a Virginia State bill came before our State Assembly that on the surface looked great, VCDL opposed it and even the representative who introduced it asked the Speaker to withdraw the legislation. So what on the surface looks good, may not necessarily be good. If this legislation actually comes up for a vote it needs to be scrutinized by the NRA and all the State organizations to determine if it really is good.

Here's the article:

From humanevents.com: http://tinyurl.com/ce2hdjt

Constitutional Concealed Carry Act of 2012 introduced
Major concealed carry legislation is introduced in the Senate
By John Velleco
March 27, 2012

Pro-gun Senators John Thune (R-SD) and David Vitter (R-LA) recently introduced legislation to advance national reciprocity for gun owners who can legally carry concealed firearms in the state where they reside.

The Thune-Vitter bill was introduced with a huge show of support, with the following thirty Senators sponsoring or cosponsoring the legislation:

Ayotte (NH), Barrasso (WY), Boozman (AR), Burr (NC), Chambliss (GA), Coburn (OK), Cochran (MS), Cornyn (TX), Crapo (ID), DeMint (SC), Enzi (WY), Graham (SC), Grassley (IA), Hatch (UT), Inhofe (OK), Isakson (GA), Ron Johnson (WI), Lee (UT), Lugar (IN), McConnell (KY), Paul (KY), Portman (OH), Risch (ID), Rubio (FL), Sessions (AL), Thune (SD), Toomey (PA), Vitter (LA), Wicker (MS) Moran (KS) and Roberts (KS).

S. 2213, officially titled the Respecting States' Rights and Concealed Carry Reciprocity Act, treats concealed carry as a RIGHT belonging to the people - not as a privilege granted by the government.

"Rather than establish a national standard, our bill will ensure that law-abiding citizens are able to carry concealed firearms while at the same time respecting the laws of the respective states they visit," said Sen. Thune.

The Thune-Vitter bill provides national recognition for concealed carry permit holders (who have obtained one from their home states), but it also recognizes the right to carry for residents of Constitutional Carry states (where no permit is required).

This is a huge win for gun owners! Constitutional Carry is currently the law in five states, and more than a dozen states are considering legislation to move in that direction.

A competing bill in the Senate, however, would keep even the most pro-gun states tied to a permitting system.

S. 2188, sponsored by anti-gun Democrats Mark Begich (AK), Joe Manchin (WV) Jon Tester (MT) and Max Baucus (MT), offers reciprocity ONLY for permit holders--and thus it would prevent many gun owners, who can legally carry in their home states, from carrying firearms when they travel out-of-state.

This compromise bill would deal a severe blow to the momentum that exists in passing Constitutional Carry at the state level.

Why are these Democrats pushing a weaker bill? After all, the Thune-Vitter bill received a large bipartisan majority vote in 2009, when Republicans held six fewer seats. It would likely pass with more than sixty votes today.

It was clear from the outset that the Senate compromise bill was introduced for only one reason: to keep Harry Reid in power.

Senate Majority Leader Reid likes to pretend he supports gun rights. So do a lot of other Senators, particularly so-called red state Democrats. Yet, many of them also voted for Eric Holder, Sonia Sotoma, Elena Kagan, and a host of other anti-gun Obama appointees.

Reid and his Senate pals have stabbed gun owners in the back repeatedly. Now they're looking for a way to win back support, which they need desperately in 2012 if Democrats are to stay in the majority in the Senate.

But gun owners should not be fooled; Reid and his cohorts are just pretending to be pro-gun, while at the same time undermining Constitutional Carry in the states.

Ironically, three of the four supporters of the bill come from states where most residents can carry concealed without first having to prove their innocence to the government.

Alaska pioneered the recent Constitutional Carry movement, and permitless carry is allowed in almost all of Montana. Senators Begich, Baucus and Tester are telling their constituents that they can't really be trusted to exercise their right to bear arms outside of their state of residence.

Showing such disdain for their own constituents will hardly "neutralize" the gun issue.

The overwhelming show of support for the Thune-Vitter bill sends a loud and clear message to the Second Amendment pretenders in the Senate: gun ownership is a right, not a privilege.


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17. DHS is buying 450 million new bullets
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Montford Oakes emailed me this:

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From businessinsider.com: http://tinyurl.com/bps6fba

The Department Of Homeland Security Is Buying 450 Million New Bullets
By Eloise Lee
March 28, 2012

The Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) office is getting an "indefinite delivery" of an "indefinite quantity" of .40 caliber ammunition from defense contractor ATK.

U.S. agents will receive a maximum of 450 million rounds over five years, according to a press release on the deal.

The high performance HST bullets are designed for law enforcement and ATK says they offer "optimum penetration for terminal performance."

This refers to the the bullet's hollow-point tip that passes through barriers and expands for a bigger impact without the rest of the bullet getting warped out of shape: "this bullet holds its jacket in the toughest conditions."

We've also learned that the Department has an open bid for a stockpile of rifle ammo. Listed on the federal business opportunities network, they're looking for up to 175 million rounds of .223 caliber ammo to be exact. The .223 is almost exactly the same round used by NATO forces, the 5.56 x 45mm.

The deadline for earlier this month was extended because the right contractor just hadn't come along.

Looks like the Department of Homeland Security means business.


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18. Internal memo shows ATF rank and file don't trust the brass [VIDEO]
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Bill Hine emailed me this:

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

Internal memo shows ATF rank and file don't trust the brass
By Maxim Lott
March 26, 2012

Top leaders at the Bureau of Alcohol, Tobacco and Firearms, already under fire from lawmakers in the wake of the "Fast and Furious" debacle, also get harsh marks from the men and women who serve under them, according to an internal survey.

An ATF memo obtained by FoxNews.com reveals that rank-and-file workers at the beleaguered federal agency, where whistleblowers who first alerted lawmakers to the "gun-walking" scandal say they were threatened or even punished, don't trust the agency's leaders.

"A key area in which ATF fell short was leadership," the e-mail from ATF Headquarters, describing the results of the internal survey, reads.

"Most troubling were responses to the question - 'My senior leaders maintain high standards of honesty and integrity.'"

Just 44 percent of ATF employees said that their leaders maintained such standards last year, according to the Partnership for Public Service, the non-profit that administers the annual survey to government employees.

On "leadership effectiveness" in general, ATF scored a 40.5, placing the agency nearly last among government agencies, at 215th out of 228 agencies surveyed. That rating was the first since the "Fast and Furious" scandal broke, and it is down 10 percentage points from the year before.

Asked by FoxNews.com about the survey, ATF spokesman Drew Wade acknowledged the Fast and Furious scandal has taken a toll on morale.

"The controversies plaguing ATF over the last year have weighed heavily on the morale of employees and their faith in senior leadership," Wade said. "Mistakes were made."

But he said ATF leadership is working hard to change.

"Acting Director [B. Todd] Jones has put new leaders in place in new positions to enhance the quality of leadership and take ATF in the right direction. The new leadership team is working hard to earn [the] trust again of employees," Wade said.

Vince Cefalu, an agent who helped expose the "Fast and Furious" scandal, said it is "too soon to tell" whether ATF will turn things around. For now, he says, the survey results don't surprise him.

"Guess I and [the other whistleblowers] weren't the only disgruntled malcontents, were we?" he said, sarcastically referring to what he believes were attempts to marginalize him and others who came forward.

Cefalu says his own situation is a case study in ATF dishonesty. The ATF attempted to fire Cefalu last year, after the "Fast and Furious" scandal broke, but so far has been unable to do so because Cefalu has accused them in court of retaliating against a whistleblower. Now, he said, he is given no assignments.

"I am sitting in Lake Tahoe drawing $150,000 [a year from ATF] to do absolutely nothing," he said.

Others at ATF who took the survey told FoxNews.com that ATF's treatment of whistleblowers affected the ratings they gave.

"I gave them a low rating," said an ATF manager who spoke to FoxNews.com on condition of anonymity.

"In the midst of the Fast and Furious investigation... [ATF leadership] sent a letter to Senator [Charles] Grassley [R-Iowa], saying 'these whistleblowers are lying,'" he explained. "There's no integrity."

He added that while ATF says it has now replaced old leadership with new players, the old leaders never get fired.

"Where are we, 15, 16 months outside of Brian Terry's murder? Nobody's been held accountable for anything," he said, referring to a border patrol agent who was killed with an illegal weapon that was allowed to enter Mexico as part of operation Fast and Furious.

The problem goes deeper than Fast and Furious, he added.

"When a manager gets caught in an unethical or unlawful act, the only 'punishment' that comes with it is a taxpayer-funded move. You'll retain full pay, full benefits, and we'll pay to move you, usually to headquarters in DC."

ATF scores well in some other aspects of the employee survey. In "pay," it rates eighth out of all 228 agencies. The average salary for an ATF employee is $96,370 per year.

"Our pay and our benefits are good," a special agent, who spoke to FoxNews.com on condition of anonymity, said. "Some people work for it and earn it, and others not so much."

He added that in his experience, more than half of the agency's leadership was "more problem than solution."

"They're abusive, self-serving characters," he said.

Despite their grievances, the agents interviewed by Fox expressed hope that the bureau will get its act together.

"I think there is an air of, 'we want to get better,'" Cefalu said. "They haven't implemented anything yet, but the initial steps are transparent and up-front."

Cefalu and the special agent interviewed said that Tom Brandon, the new deputy director at ATF, is held in high regard by field agents.

"I think he will try to change things," the special agent said. "Whether he will have the ability, due to the culture here, is anybody's guess."


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19. Court: Second Amendment applies outside the home
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EM Dave Hicks emailed me this:

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From volokh.com: http://tinyurl.com/789j44n

District Court Holds Second Amendment Applies Outside the Home, Strikes Down Ban on Gun Transportation During State of Emergency
By Eugene Volokh
March 29, 2012

Bateman v. Perdue (E.D.N.C. Mar. 29, 2012) involves a North Carolina law that bans "transport[ing] or possess[ing] off [one's] own premises any dangerous weapon" when a state of emergency has been declared. "Due to natural disasters and severe weather, states of emergency are declared with some frequency in North Carolina. In 2010, for example, the Governor ... issued four statewide emergency declarations and one declaration covering a fifteen-county area ...." There were also at least six local states of emergency declared. All five of these 2010 states of emergency were in response to weather conditions, and the frequency of such declarations may stem from the fact that "[a] state of emergency must be declared in order to qualify for federal disaster assistance."

The court concluded that:

1. The right to keep and bear arms extends to carrying outside one's property, for self-defense and for other reasons. The law interferes with the exercise of this right.

2. The law also interferes with the exercise of people's right to defend themselves in their homes, because it bars people from buying weapons and them transporting them to their homes.

3. The law must therefore be considered under strict scrutiny, because it isn't just limited to high-risk gun possessors, to particular kinds of guns, or particular manners or times of carrying guns, and because it interferes with getting guns even for home defense (though, as I noted, the court also concluded that carrying guns for defense outside the home is also generally constitutionally protected).

4. The law fails strict scrutiny, because they "excessively intrude upon plaintiffs' Second Amendment rights by effectively banning them ... from engaging in conduct that is at thev ery core of the Second Amendment at a time when the need for self-defense may be at its very greatest" and therefore aren't narrowly tailored to serve the government's compelling interest in public safety.

Note that, as is often the case, the application of "strict scrutiny" can be quite rights-protective or not depending on what one understands "narrow tailoring" to mean. If narrow tailoring requires some plausible reason to believe that the law will on balance help prevent crime and injury, then that requirement will very often be satisfied. If it requires social science proof that the law will on balance help prevent crime and injury, then that requirement will rarely be satisfied, especially in situations such as this: There will rarely be solid studies of the effects of this particular kind of law.

And if, as here, "narrow tailoring" requires that the law not "excessively intrude" on rights, then that might be something like a rule of per se invalidation (at least as to very heavy burdens on the right): The premise of such an approach is that, regardless of whether the restrictions will reduce crime and injury, it is still unconstitutional if it interferes with the core of the right, since the constitutional recognition of the right expresses a judgment that the right must be protected despite the threat it may pose to compelling government interests. For more on all this, check out my Implementing the Right to Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research Agenda, 56 UCLA L. Rev. 1443 (2009).

Congratulations to Alan Gura, the lawyer who won Heller and McDonald, on his victory in this case, and to the Second Amendment Foundation, which helped file the case.


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20. SAF victory strikes down NC emergency powers gun ban
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The Second Amendment Foundation emailed me this:

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From saf.org: http://tinyurl.com/6lutfx5

SAF VICTORY STRIKES DOWN NORTH CAROLINA EMERGENCY POWERS GUN BAN
For Immediate Release: 3/29/2012

BELLEVUE, WA - A federal district court judge in North Carolina has just struck down that state's emergency power to impose a ban on firearms and ammunition outside the home during a declared emergency, ruling that the provision violates the Second Amendment right to keep and bear arms.

The case, Bateman v. Purdue, was brought by the Second Amendment Foundation, Grass Roots North Carolina FFE and three individual plaintiffs. Defendants in the case were Gov. Beverly Purdue and Reuben F. Young, secretary of the state's Department of Crime Control and Public Safety, in their official capacities.

In his opinion, Judge Malcolm J. Howard, senior United States district judge for the Eastern District of North Carolina, wrote, "...the court finds that the statutes at issue here are subject to strict scrutiny...While the bans imposed pursuant to these statutes may be limited in duration, it cannot be overlooked that the statutes strip peaceable, law abiding citizens of the right to arm themselves in defense of hearth and home, striking at the very core of the Second Amendment."

"When SAF attorney Alan Gura won the Heller case at the Supreme Court," noted SAF Executive Vice President Alan M. Gottlieb, "the gun ban crowd said that we were a 'one-trick-pony' and that we would never knock out another gun law. Well, SAF has now knocked out gun laws in Maryland, Illinois and North Carolina.

"We filed this lawsuit on the day we won the McDonald case against Chicago," he added, "extending the Second Amendment to all 50 states. This was part of our strategy of winning firearms freedoms one lawsuit at a time."

Gottlieb pointed to language in Judge Howard's ruling that solidifies the Second Amendment's reach outside the home. The judge noted that the Supreme Court in Heller noted that the right to keep and bear arms "was valued not only for preserving the militia, but 'more important(ly) for self-defense and hunting."

"Therefore," Judge Malcolm wrote, "the Second Amendment right to keep and bear arms 'is not strictly limited to the home environment but extends in some form to wherever those activities or needs occur."

"Under the laws at issue here, citizens are prohibited from engaging, outside their home, in any activities secured by the Second Amendment," Judge Malcolm wrote. They may not carry defensive weapons outside the home, hunt or engage in firearm related sporting activities. Additionally, although the statutes do not directly regulate the possession of firearms within the home, they effectively prohibit law abiding citizens from purchasing and transporting to their homes firearms and ammunition needed for self-defense. As such, these laws burden conduct protected by the Second Amendment."

The Second Amendment Foundation (http://www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.


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21. Who needs a gun in church? [VIDEO]
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Deborah Anderson emailed me this:

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There's no mention of any church members being armed themselves in this church located near Spartanburg SC, but apparently some alert members saw an armed intruder coming, so they immediately locked the church doors. Although the bad guy still managed to burst inside, a half-dozen church members were ready/waiting to pounce on him, and they managed to disarm him in very short order. It's a good thing these people not only were aware of their surroundings, but that they also were quick-thinking and took immediate steps to stop a potentially deadly threat -- and, as a result, no one got hurt. [PVC: Good for them! But... better to have a gun and not need it, than to need a gun and not have it.]

Blessings,

Deborah Jane Anderson


From the Huffington Post: http://tinyurl.com/7ebefqj


Jesse Gates With Shotgun Disrupts Church Service, Disarmed By Congregation
By Associated Press
March 25, 2012

BOILING SPRINGS, S.C (AP) -- A shotgun-toting man kicked in a church door during Sunday services before being disarmed by congregants who saw the armed man coming through the church windows, locked the doors, and sprang on him after he burst inside, sheriff's deputies said.

No one was hurt at the Southside Freewill Baptist Church in Boiling Springs, a community in Spartanburg County.

Deputies charged Jesse Gates, 38, with burglary, disturbing a place of worship, and attempted kidnapping. The kidnapping charge was lodged because Gates allegedly pointed his weapon at the church pastor, resulting in his being restrained, Spartanburg County Sheriff's spokesman Lt. Tony Ivey said.

Congregants spotted Gates approaching across a parking lot and locked the doors, Ivey said. When Gates kicked in a side door, a half-dozen members hiding in the wings jumped him, Ivey said.

Gates told reporters as he was led away in handcuffs to a patrol car taking him to jail that his children had been taken away and he was trying to get someone to listen to him. Gates said he asked the church for help, but was frustrated.

"I've been praying, begging," Gates said. "They won't let me see my children. I tried everything. What can you do?"

Gates' sister, Amanda Gates, 34, was charged with providing her brother with the shotgun and driving him to the church.

Gloria Gates said her son Jesse had been attending the church for a short time. Gloria Gates said she spoke to her daughter Amanda, who told her she didn't know what Jesse planned.

Spartanburg County Sheriff's deputies said no one was hurt Sunday at the Southside Freewill Baptist Church in Boiling Springs.

Deputies charged Gates with burglary, disturbing a place of worship, and attempted kidnapping. The kidnapping charge was lodged because he allegedly pointed his gun at the pastor.

Officers charged 34-year-old Amanda Gates with providing her brother with the shotgun and driving him to church.

Gates told reporters as he was led away in handcuffs that his children had been taken away and he was trying to get someone to listen to him.


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22. Police were just 1 minute away
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Board member Dale Welch emailed me this:

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Another Gun-Free School Zone failure.


From abcnews.com: http://tinyurl.com/75n46a3

Male Student Shot to Death at Mississippi State University, Suspects Fled
By OLIVIA KATRANDJIAN
March 25, 2012

A male student was fatally shot at a Mississippi State University residence hall Saturday night by three suspects who fled the scene and are still at large, school officials said today.

Campus police were notified of an incident in Evans Hall, a male dorm, at approximately 10 p.m. Saturday, and arrived at the scene within one minute, according to Dr. Mark Keenum, Mississippi State University president.

Police found 21-year-old John Sanderson at the scene in grave condition. He was taken to the hospital, where he died about 30 minutes later.

According to the MSU website, the suspects are three black males who fled Evans Hall in a blue Crown Victoria.

"The perpetrators fled our campus, but we're still attempting to identify who those perpetrators are and so we're following every lead in order to do that," said Dr. Bill Kibler, vice president of student affairs at MSU.

Campus officials alerted students last night of the incident.

"Our local city police department and the county sheriff's office are all participating cooperatively in patrolling our campus and conducting a full scale investigation," Kibler said.

Mississippi State University is currently operating under advisory conditions, according to its website, and has set up a call center for worried parents.

"No one's being admitted to the residence halls other than residents themselves. That's all being screened very carefully," Kibler said. "We have not locked down the entire campus."

In a press conference this morning, Keenum said campus officials believe this is an isolated incident.

"This is the first time in our school's history that such a tragic incident has occurred, involving a student being shot on campus," he said. "Our campus is known as a safe place, and I want to assure students, parents, faculty, and staff that it continues to be safe."

"I do not believe there's any imminent threat to our students on the campus right now," Kibler said. "This appears to be an incident that was contained there involving those that were involved."


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23. Why do Americans love their guns? [VIDEO]
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Charlie Whiting emailed me this:

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From aljazeera.com: http://tinyurl.com/7q38o33


Why do Americans love their guns?

As thousands die from gunshots every year we ask why most people are still fiercely defending the gun culture in the US.
March 27, 2012

There are more guns legally held per person in the US than in any other developed nation. And despite a string of high-profile shootings in recent years guns are embedded in the American culture.

The right of individuals to carry arms is enshrined in the Second Amendment of the US constitution, written in 1791. And today, it is one of the most cherished of American rights.

As a result, the US has some of the most lax gun laws in the world. Most law-abiding adults can own a gun though some states make it more difficult than others.

The laws and restrictions on owning guns are confusing at the best of times, and there are a lot of them, depending on which state you live in.

But thousands of people are shot and killed every year. In fact, the US has one of the highest murder rates caused by firearms in the developed world, and some of them make international headlines.

There have been a number of high school shootings. The most well-known are the cases at the Columbine High School which left 15 people dead in 1999, and the Virginia Tech incident which left 32 people dead.

In January 2011, Congresswoman Gabrielle Giffords was shot in the head and seriously wounded while meeting her constituents in a supermarket carpark. Six other people died in the incident, including a federal judge.

And just last month, Trayvon Martin, 17, was shot dead by a volunteer captain of an informal neighbourhood watch group in Sanford, Florida. Trayvon was unarmed.

Despite these deadly shootings, the number of Americans who oppose stricter gun control laws has steadily increased.

In 1990, about 19 per cent of US citizens opposed tougher gun controls. Now there are 55 per cent of Americans who either support lifting gun control laws or keeping them as they are. And some states are still pushing to legalise carrying concealed weapons even in schools.

The National Rifle Association (NRA) is leading the charge on the rights to carry weapons, and this is what Wayne LaPierre, its leader, had to say in September 2011.

"The fight is on for 2012. Anybody who says gun owners won't be a factor has not paid attention to the history of elections in our great country. Every time freedom is at risk it is fought for and preserved by the work, the wallets and the will of millions of NRA members and gun owners and patriots. In the face of peril, we always stand up."

LaPierre continues: "Our liberty in this country lives in the Second Amendment, the fundamental right that separates us from all other nations on earth. That freedom makes us better than other countries. That freedom makes us stronger than other countries."

So why do a majority of Americans fiercely defend their right to carry guns? And how do you balance public safety concerns with these rights?

Joining presenter Anand Naidoo on Inside Story Americas to discuss these issues are guests: David Burnett from the Students for Concealed Carry, a group which advocates for firearms; Elliot Fineman from the National Gun Victims Council, and whose son was shot and killed in 2006; and Hubert Williams, the president of the Police Foundation and a former law enforcer.

"Guns are purchased at gun shows and other places without background checks. You got more gun dealers in America than you do gas stations...40 per cent of the weapons that exchange hands are private sales." [PVC: More gun dealers than gas stations? Oh, if only that were true!]

Hubert Williams, the president of the Police Foundation [PVC: Another useless anti-gun police organization from what I am seeing. These kinds of police organizations attacking gun rights are unfortunate as they make the average citizen look at the police with a jaded eye. I think we can agree that such a thing is not good.]


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24. Time: The neuroscience of what makes people trigger-happy
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Johnnie Ames emailed me this:

From time.com: http://tinyurl.com/7yh2ubm

Trayvon Martin: The Neuroscience of What Makes People Trigger-Happy

Our brains are wired to be unreasonable when it comes to perceived threats
By ERIKA CHRISTAKIS
March 26, 2012

If you were handed a can of bug spray, you might start killing a lot of insects around the house. And if you had reason to believe that the bugs were poisonous -- maybe because your neighbor told you there was an infestation, or you had seen a show about creepy crawly things on the Discovery Channel -- you might even become convinced that the little piece of lint under your bed was a nasty spider, curled up just waiting to bite you. Americans tend to overestimate both their risk of exposure to violent crime and their ability to judge dangerous situations with reasonable care. Unfortunately, these misperceptions are killing people, not insects.

These problems assumed special urgency with the killing last month of Trayvon Martin, the teenage boy who was shot by George Zimmerman, an armed neighborhood-watch volunteer, after buying a bag of candy and iced tea. Most of the outrage has focused on the potential racism, bias and incompetence of the parties involved. As we've learned more about what happened on that fatal night, it seems increasingly likely that Zimmerman's reckless actions may have violated Florida's lenient law on justifiable force.

But the particulars of this case obscure a larger concern. "Stand your ground" laws, which allow a person to use force as a first resort in virtually any setting in which a threat is felt, do not account for the significant limitations and distortions of human perception.

Psychologists have known for more than 40 years that possession of a weapon can increase aggression. The link has been observed -- in all kinds of lab-based and real-life settings -- with different weapons and behavioral outcomes. We know that people exposed to movie or television violence are more prone to violent behavior, a robust finding that has held up under decades of examination. In fact, the mere image of a weapon, independent of the plot, the bad guys and the "blood and guts" can result in aggressive behavior.

But why should this be so? Advances in neuroscience have shown how guns increase the desire to kill others, putting the lie to lobbyists' claim that "Guns don't kill people, people do." It turns out that our brains are very efficiently wired to make certain cognitive links based on our experiences and memories. If there's a cake with candles, there must be a birthday party. Once an association is formed -- for example between gun and danger -- experiments have shown that aggressive thoughts become more accessible even when primed by something as simple as pictures or words. These aggressive thoughts can then distort a person's interpretation of reality and decisionmaking, as when a drunken stumble is mistaken for a hostile shove. Once hostile thoughts have been primed, the gun can almost be seen to pull the trigger. For a comprehensive review of these issues, click here.

Another perception problem has to do with our risk of violence. Many Americans are unaware that violent crime has declined to levels not since the 1960s. In major cities, the decline has been the most dramatic, with homicide rates dipping from 35.5 per 100,000 in 1991 to 11.9 per 100,000 in 2008. Yet, despite this four-decade low, polls show that a majority of people think crime has worsened.

In addition, Americans generally overestimate the risk of violent crime from strangers and from people of different races. In 2007, only 5% of assaults, 1% of rapes and 25% of robberies were committed by a person carrying a firearm. In 2010, strangers accounted for 39% of violent crime, and less than 10% of violent crime was committed with a firearm. Approximately 90% of homicide victims are murdered by someone of their own race.

It's easy to understand why people might be surprised by some of these data. Television characters are murdered at vastly higher rates than people in real life. But it's essential to communicate these facts because fear and misinformation can strengthen the priming mechanism that leads from hostile thoughts to hostile actions.

And those actions cost lives. Since the Florida law was enacted, violence from "justifiable force" has tripled. In most cases, the perpetrators were never even brought to trial because the statute provides "true immunity." If a person feels force was justified, police officers and judges have been generally willing to go along with the perception, however flawed.

The revised Florida statutes allow justifiable force when there is "reasonable fear of imminent peril or death." It's understandable that lawmakers would trust citizens to exercise good judgment. Unfortunately, our brains are not wired to be sufficiently "reasonable" when we are holding a firearm. A grip on a gun can loosen our grip on reality. [PVC: So according to the junk science above, the conclusion is that we should disarm the police and the military?]



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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/]

[Taggure]

Everyone need to read the

District Court Holds Second Amendment Applies Outside the Home, Strikes Down Ban on Gun Transportation
article it may soon have impact on other cases