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1. Machine gun trusts in Virginia - what to do?
2. Contact information for anti-liberty Goodyear
3. Shoot, shop, socialize gun club in Richmond area
4. Virginia moderates -- but gun sales soar
5. Frustration grows over WJC discipline
6. Virginia Firearms Maker Expanding Operations
7. Gun charges dropped against Culpeper man in airport incident
8. Democrats ask Mike Bloomberg to back off gun control push
9. MSNBC associates Duck Dynasty gun line with mass shootings
10. Democrat professor: Gun control is not good public policy
11. [IL] Chicago gun sale ban unconstitutional, judge rules
12. Gun sales hit new record, ammo boom to follow
13. More advice on interactions with police
14. Five of the most interesting things from the Bloomberg anti-gun group emails
15. Poll: Household gun ownership on rise in U.S.
16. [CO] Colo. Democrats blamed for $80M hit to economy by pushing out gun firm Magpul
17. [MI] Police to examine surveillance video of shooting on Rapid bus [VIDEO]
18. [NY] Handgun used as laser pointer by state official
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1. Machine gun trusts in Virginia - what to do?
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Encouraging News on Trusts and Machine Guns: VCDL has learned BATFE appears to be continuing its longstanding policy of issuing tax stamps for machine guns owned by Virginia trusts. If a person cannot own such an item due to state or local law, the stamp isnt usually issued.
We are still seeking confirmation that the Virginia State Police will continue its own policy of issuing registration certificates to a natural person (as opposed to a company or a trust) who comes into possession of a machine gun regardless of the form of ownership.
Please note, the latest tax stamps from BATFE have new language attached to it, so we recommend these matters be handled as carefully as any legal matter. Neither BATFE nor VSP have issued formal statements on these matters, so we will monitor events on the ground carefully.
One warning I received from a trusted source was that there is no good solution to the dilemma. One option would be to transfer the gun from the trust to yourself and then register the gun with the State Police. But technically you could be left in a bad position until that procedure completes and it would also require a CLEO to sign off on the transfer and a to pay another $200 tax stamp fee.
Arsenal Attorneys, who specialize in Class III trusts, have a blog on this matter and are developing a special strategy for their clients to follow.
For more information, you can go to:
https://www.arsenalattorneys.com/
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2. Contact information for anti-liberty Goodyear
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The Goodyear gun-free-zone policy, which endangers everyone visiting Goodyear stores, bans all carry of weapons, including guns carried by CHP holders and off-duty police officers.
Here is the canned response VCDL members are getting from Goodyear when complaining about their anti-liberty policy:
"Thank you for contacting our web site and for voicing your concerns. In an effort to ensure the safety and security of our associates and customers, we have had a clear company policy regarding weapons in the workplace, since 2004. The Goodyear Tire and Rubber Co. prohibits all persons who enter Company property from carrying a handgun, firearm, or prohibited weapon of any kind onto the property regardless of whether the person is licensed to carry the weapon or not. Exceptions apply to on-duty law enforcement personnel. This policy applies to all Company employees, visitors, customers, and contractors on Company property -- including our Company owned stores. All Company properties have received a decal or sign referencing this policy, and have been instructed to post it.
Barbara
Consumer Relations
Lets flood them with emails politely protesting their anti-liberty policy. To contact Goodyear, click here:
https://www.goodyear.com/en-US/company/contact-us#
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3. Shoot, shop, socialize gun club in Richmond area
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At the pre-Lobby-Day dinner a few weeks ago, I met a group of people from the Richmond area who have a club that gets together to socialize, shoot and shop. They shoot at the Colonial Shooting Academy in Henrico.
They meet monthly and are planning many events including an outdoor shoot, clay shooting, laser tag, gun shows/shopping, firearms classes/training, shooting matches, beginner shooters night at the range, and more.
If you are interested, contact Cez Delacruz at:
cezdelacruz@yahoo.com
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4. Virginia moderates -- but gun sales soar
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Member Walter Jackson emailed me this:
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From WashingtonPost.com: http://tinyurl.com/n8z5n9u
Virginia moderates -- but gun sales soar
By Peter Galuszka
January 3, 2014
Polls and election results show that Virginia is gradually becoming more moderate politically -- except perhaps when it comes to firearms.
Last year, the state registered a record 479,253 gun transactions. That's a 10.8 percent increase over the previous year and a whopping hike from 2010, which saw just 276,765 sales, according to State Police records.
Crime in the state is not on the rise, according to reporting in the Richmond Times-Dispatch. So why do so many Virginians feel compelled to stock up on Glocks, Sig Sauers, Winchesters and Remingtons?
The answer could be psychological.
One year ago, after the Sandy Hook slayings at a Connecticut school, word spread throughout among gun enthusiasts and in some news media that President Obama planned a massive crackdown of privately owned firearms.
I remember the hysteria as I checked at gun shops and found that popular rounds, including .22 caliber bullets, were sold out as frenzied gun owners stocked up in anticipation of government action that never came. The ammunition in short supply did not tend to be the types used by deer, duck or turkey hunters.
It's a bad sign, given what can happen when guns find their ways into the hands of mentally disturbed individuals. In November, for example, Gus Deeds shot himself to death after stabbing his father, State Sen. Creigh Deeds. The younger Deeds was at home because a bed could not be found for him at a psychiatric center.
This raises another troubling issue about how much Virginia needs to do to improve its mental health care. And as the Deeds case and the 2007 Virginia Tech massacre by a disturbed student show, untreated mental illness and easy access to firearms and ammunition don't mix. Both need to be addressed.
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5. Frustration grows over Williamsburg-James City (WJC) discipline
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More zero tolerance baloney. Zero tolerance = Zero intelligence
Member Walter Jackson emailed me this:
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From VAGazette.com: (link to article doesnt currently work)
Frustration grows over WJC discipline
By Susan Robertson
January 3, 2014
JAMES CITY -- Bringing a gun magazine to Hornsby Middle on the second day of school in September got Josh Coley suspended for an entire semester. When the seventh grader returns in three weeks he'll be required to go to a different school.
Coley, 12, will have missed 99 school days when his punishment ends Jan. 28. The suspension is the most severe brought to the Gazette's attention, nearly 10 times that of a Jamestown High senior suspended for having a kitchen knife in his car last May.
Josh Coley's mother, Sherry Coley, said in a recent interview that the family believes the gun clip inadvertently fell into her son's backpack when he caught a ride home from football practice with a neighbor. The next day at school he threw his backpack on the floor and the gun magazine fell out, she said.
"He unknowingly transported that," she said. "It was an accident."
Josh Coley and his mother say they are both apologetic that the incident happened, but neither understands why the punishment was so severe. The family is coming forward now because they're frustrated that other students with similar infractions received much lighter punishments and hope for fairer treatment of other students.
The case points up how differently suspensions and weapons infractions are handled in WJC Schools.
In May, a Jamestown High Senior received a 10-day suspension when a kitchen knife was discovered in his car parked on school grounds. This fall a Warhill sophomore unknowingly drove a family member's car to school with a shotgun inside. She served eight days of a 10-day suspension. Finally, a Jamestown High senior, the son of a School Board member, was found with a pocket knife at a high school football game. Originally given a 10-day suspension, he missed three days of school.
In previous inquiries, WJC Schools has stated it cannot provide information specific to an individual student
"Really the only thing I did (wrong) was not turn it in to the teacher," Josh Coley said. "I can't believe that I would end up with a three-month suspension."
On Sept. 4, 2013, Principal Byron Bishop told police a teacher gave him the gun magazine after a student reported it was lying on the classroom floor near a window, according to an officer narrative obtained from James City County Police. The item was transferred to police custody that afternoon, the document states, and later found to be a rifle magazine containing what appeared to be five .17 caliber bullets.
Josh Coley said in an interview that the night before the incident he knocked papers over in the truck he was riding home in and thinks the gun magazine got caught in one of the outer mesh pockets of his backpack, unknowingly traveling with him to school the next day where it dislodged in the classroom.
"When I saw what it was I just put it back down because I knew what would happen if they thought it was mine," he recalled.
The police narrative states that the student whose desk the gun magazine was found near was interviewed. The student told police he did not touch the gun magazine for fear of people thinking he brought it to school, then later admitted that he picked it up, realized what it was and immediately put it back down.
A modified lockdown was initiated after the gun magazine was discovered. Students were kept in their classrooms where instruction continued for roughly two hours, according to Betsy Overkamp-Smith, WJCC spokeswoman, at the time of the incident. Maj. Stephen Rubino with James City Police said officers searched the school for weapons during that time. None were found.
Josh Coley said he was pulled out of lunch to meet with police officers, whom he said "interrogated me." He said he was questioned by them until almost the end of the school day.
Sherry Coley recalled receiving the first call about the incident at 1 p.m., and a second about 2:15 p.m. asking her to come to the school. She arrived to find her son being questioned by officers, she said.
"They had him so twisted," she said. "He was saying maybe someone stole my grandfather's (magazine) and put it in my bag. He was so upset and so confused."
Around that time, she received a call from her neighbor who told Coley her husband was missing a gun magazine.
Coley said police told her they would not press charges. The police narrative indicates Officer Wendi Reed spoke with Commonwealth attorney Nate Green, who advised his office was not interested in pursuing criminal charges.
"I don't know of a criminal code section that would make it a criminal offense to do what this student did," Green said Friday.
Josh Coley was suspended for 10 days with a recommendation for expulsion prior to leaving the school, according to Coley. Six days later WJC Hearings Officer Lynda Byrd-Poller referred the case to the School Board. The school division has repeatedly denied requests to interview Byrd-Poller.
Coley said the expulsion hearing occurred Sept. 17. She said papers from her son's teachers the previous school year were brought to the hearing by the principal. She alleges one teacher provided false information, saying Josh was sent to in-school suspension repeatedly and was a "constant problem." Coley checked with the in-school suspension coordinator and said she was told there was no record of her son having been assigned to in-school suspension.
One School Board member couldn't believe the path the gun magazine allegedly took to make its way into the school, Coley recalled. Police questioned that as well.
The owner of the magazine came to the school, identified the gun magazine and spoke with Reed, according to the officer narrative. The document states the owner told police the gun magazine was in a cut out in the dashboard of his truck the night before.
Josh Coley told officers he heard something fall when he got into the adult's truck, "so the magazine must have fallen into his backpack," according to the narrative. It further states Reed told the student the odds of that happening were "highly unlikely," at which point Josh Coley and his mother stated the gun magazine might have become tangled in one of the backpack's outer mesh pockets when it fell.
The School Board imposed a long-term suspension and mandated Josh attend Toano Middle upon his return, Coley said. Overkamp-Smith said "placement in an alternative educational setting" is a consequence that can be considered for certain offenses pursuant to the WJC Code of Conduct. She said the duration of placement varies and no transportation is provided by the school division.
Ruth Larson, chairwoman of the WJC School Board, said in an interview that when hearing a case the School Board considers student discipline records, previous hearings on a specific incident, and investigation done by school administration or the hearing officer. She said both the student and the administration are afforded an opportunity to speak.
"We have to consider each individual case on its own merits," she said, noting that she could not discuss why "different cases were handled differently" because of student privacy issues.
Coley said they have been allowed to pick up his work from school. She added that she hired a tutor at her own expense because her son was not receiving homebound educational services that were mentioned at his hearing. She said that in mid-November she received a call from Byrd-Poller relaying that four hours of homebound teaching had been approved.
Coley is adamant her son's only wrong-doing is that he didn't tell a teacher immediately when he discovered the gun magazine. She said there was no malicious intent.
"There was never any way for the clip to be used to hurt anyone," she said. "whereas the other students had actual weapons.
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6. Virginia Firearms Maker Expanding Operations
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Member Walter Jackson emailed me this:
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From Washington.CBSLocal.com: http://tinyurl.com/l37qbjt
Virginia Firearms Maker Expanding Operations
January 3, 2014
RICHMOND, Va. -- A Pulaski County firearms maker is moving and expanding its operations.
Alexander Industries plans to relocate from the Radford Arsenal to the Dublin Industrial Park, which is also in Pulaski County, and add 64 new jobs.
Company officials and Gov. Bob McDonnell announced the plans Thursday. The company will spend $2.88 million on the move and expansion.
McDonnell said Virginia beat out South Dakota and Texas for the project. He awarded a $150,000 grant from the Governor's Opportunity Fund to assist with the project.
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7. Gun charges dropped against Culpeper man in airport incident
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Member Dave Briggman emailed me this:
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From Star Exponent at DailyProgress.com: http://tinyurl.com/m6c8zb7
Gun charges dropped against Culpeper man in airport incident
By Rhonda Simmons
January 7, 2014
Culpeper resident Nicholas Freitas described last month's incident at Washington Dulles International Airport in Northern Virginia where he was charged with carrying a concealed loaded weapon inside the terminal during a business trip to Colorado as an oversight.
"There was nothing deliberately done and there was certainly no criminal intent that was done," explained Freitas, during a brief telephone interview in December.
On Tuesday, prosecutors in Loudoun County General District Court agreed with Freitas, dropping both charges: carrying a concealed weapon and carrying a concealed weapon in an airport terminal, against the 34-year-old defense contractor, who served as a U.S. Army Special Forces non-commissioned officer, and a current member of the Culpeper County Republican Committee.
During the Dec. 3 incident, Freitas was trying to board a plane to Colorado Springs, Colo. for a work-related trip.
But instead, he was detained after Transportation Security Administration officers at Dulles noticed a loaded handgun inside his carry-on bag as he exited the X-ray machine.
TSA contacted the Metropolitan Washington Airports Authority police, who confiscated the loaded weapon, which had 11 rounds at the time, according to TSA spokeswoman Lisa Farbstein.
TSA Federal Security Director Scott Johnson said TSA screens about 20,000 passengers and their carry-on bags each day at Dulles and "our TSA officers remain focused on threats to the flying public."
TSA repeatedly explains to "passengers that they are responsible for the contents of bags they bring to the security checkpoint and they should make sure there are no illegal or prohibited items inside them.
"As a reminder, weapons -- including firearms, firearm parts and ammunition -- are not permitted in carry-on bags, but can be transported in checked bags if they are unloaded, properly packed and declared to the airline," according to the TSA website. "Firearms must be unloaded, packed in a hard-side case, locked, and packed separately from ammunition. Firearm possession laws vary by state and locality. Travelers should familiarize themselves with state and local firearm laws for each point of travel prior to departure."
Carrying a concealed weapon is a Class 1 misdemeanor, punishable up to one year in jail and/or up to a $2,500 fine.
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8. Democrats ask Mike Bloomberg to back off gun control push
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Member Bill Albritton emailed me this:
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From Breitbart.com: http://tinyurl.com/lf5dah3
Democrats ask Mike Bloomberg to back off gun control push
By Awr Hawkins
January 7, 2014
As Michael Bloomberg moves beyond his push for expanded background checks to actually targeting Senators who did not support more gun control in 2013, Democrats are asking him to back off.
They politically cannot afford to have him focus attention on the failed, Democrat-led push for gun control.
According to Mediate.com, Senate Majority Leader Harry Reid (D-NV) and Senator Chuck Schumer (D-NY) do not want Senators like Mark Pryor (D-AR) "targeted" for opposing gun control. MSNBC's Andrea Mitchell noted that Bloomberg is viewed as a single-issue activist "focused on guns at the risk of jeopardizing the Senate for Democrats."
So far, Bloomberg has rejected Reid and Schumer's requests that he "temper" his anti-gun campaign, and has rejected requests from Bill Clinton as well.
At the same time, the Democratic Super PAC - "to which Bloomberg donated millions" - has already "gone up with ads in support of" Democratic Senators who voted against gun control.
Therefore, Bloomberg is fighting for gun control while Democrats are using his money to defend Senators who opposed it.
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9. MSNBC associates Duck Dynasty gun line with mass shootings
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Member Walter Jackson emailed me this:
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From Breitbart.com: http://tinyurl.com/qa3v5va
MSNBC associates Duck Dynasty gun line with mass shootings
By Awr Hawkins
January 4, 2014
When MSNBC's Thomas Roberts announced the new line of Duck Commander guns on January 3rd, he was joined by Len Everett of the Coalition to Stop Gun Violence. Everett claimed Phil Robertson, of Duck Dynasty fame, made his controversial comments to sell guns to conservative, middle-aged, white males and criticized the Robertson family for selling the kinds of guns used in mass shootings.
Roberts used leading questions to guide Everett in making these points throughout the segment.
For example, Roberts introduced Everett by pointing out that the new line of guns includes a "semi-automatic pistol" and "two semi-automatic rifles." Moreover, "the pistol and one of the rifles have military style designs with large capacity magazines holding at least 25 rounds."
This allowed Everett to respond in disbelief that Mossberg firearms would partner with a family like the Robertsons to make guns, especially guns with "high capacity" magazines.
Everett pointed out the common elements in "mass shootings" are "the semi-automatics" Roberts described and "high capacity ammunition magazines." Everett said this all ties to the new line of Duck Commander guns as the Duck Dynasty family has now made the decision, "in addition to traditional hunting firearms, to also try to market some 'semi-automatic firearms' that accept 25-round magazines, which is obviously not necessary for plinking."
Both Roberts and Everett talked of how "mass shootings" are increasing every day. They also revealed that their new criteria for a mass shooting is any shooting where two or more people are killed.
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10. Democrat professor: Gun control is not good public policy
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Member Bill Albritton emailed me this:
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From Breitbart.com: http://tinyurl.com/lqdq9rq
Democrat professor: Gun control is not good public policy
By Awr Hawkins
January 6, 2014
Last week, Quinnipiac University economist Mark Gius faced accusations of possessing a "political agenda" following his study which showed the failures of gun control. On January 6th, he appeared on Fox News to tell naysayers: "I'm actually a Democrat," and reiterate the idea that gun control is not good public policy.
As Breitbart News reported on January 4th, Gius' study showed that less restrictive concealed carry laws save lives, while gun control measures like "assault weapons" bans are largely ineffective. Gius was immediately accused of having a "political agenda," among other things.
On Monday, he answered his accusers with, "I'm actually a Democrat." He told Fox News' Jenna Lee he undertook the study because he knew gun control was going to be pushed as a solution to the heinous crime at Sandy Hook Elementary, and he wanted to see if it really would work. His focus began with "assault weapons" bans and expanded to concealed carry.
Gius told Lee, "I'm just a college professor... [and] I look at this as a public policy question."
He said he focused on "the gun-related murder rate because... that would be the crime rate most affected by gun control." He believed studies prior to his had focused on categories of crime that were too broad to really reveal whether gun control did or didn't work.
His study showed that less restrictive concealed carry laws save lives but "assault weapons" bans do not. Based on this, gun control is not good public policy.
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11. [IL] Chicago gun sale ban unconstitutional, judge rules
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Member Bill Albritton emailed me this:
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From FOXNews.com: http://tinyurl.com/m7dvcxv
Chicago gun sale ban unconstitutional, judge rules
By Associated Press
January 7, 2014
A federal judge on Monday overturned Chicago's ban on the sale and transfer of firearms, ruling that the city's ordinances aimed at reducing gun violence are unconstitutional.
U.S. District Judge Edmond E. Chang said in his ruling that while the government has a duty to protect its citizens, it's also obligated to protect constitutional rights, including the right to keep and bear arms for self-defense. However, Chang said he would temporarily stay the effects of his ruling, meaning the ordinances can stand while the city decides whether to appeal.
The decision is just the latest to attack what were some of the toughest gun-control laws in the nation. In 2010, the U.S. Supreme Court struck down Chicago's long-standing gun ban. And last year, Illinois legislators were forced by a federal appeals court to adopt a law allowing residents to carry concealed weapons in Illinois, the only state that still banned the practice. The resulting state law largely stripped city and officials of surrounding Cook County of their authority to regulate guns, which especially irked officials in Chicago, where residents had to apply for concealed-carry permits through the police chief.
National Rifle Association lobbyist Todd Vandermyde applauded Chang's decision, saying the fact a federal judge appointed by President Barack Obama "ruled in favor of the Second Amendment, shows how out of step and outrageous Chicago's ordinances really are."
Roderick Drew, a spokesman for Chicago's law department, did not immediately return telephone calls for comment.
Chang's ruling came in a lawsuit filed by the Illinois Association of Firearms Retailers and three Chicago residents. The judge noted Chicago's ban covers not only federally licensed firearms dealers, but also gifts among family members, all in the name of reducing gun violence.
Chang wrote that the nation's third-largest city "goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms, and at the same time the evidence does not support that the complete ban sufficiently furthers the purposes that the ordinance tries to serve."
Chicago last year had more homicides than any city in the nation. City officials have long acknowledged the ban on gun sales has been weakened due to the legal sale of guns in some surrounding suburbs and states.
Chicago gun collector Kenneth Pacholski, one of the plaintiffs, said he has no interest in selling guns and buys only antique guns that he intends to keep. But he said Chicago's ban was unreasonable.
"All the people I know who own guns legally are really careful," said Pacholski, whose wife, also was a plaintiff. "I'm a collector; my guns are not going anywhere unless I know where they're going because I don't want to be responsible for someone's death."
Illinois Council Against Hand Gun Violence campaign coordinator Mark Walsh said he wasn't surprised by the ruling, based on the court's recent rulings on Chicago's gun control measures.
"I'm not sure what the city's plan is (in reacting to ruling), but I think obviously there is a need to make sure gun dealers coming into the city are aware of those who have restrictions on gun ownership and don't sell to them," he said.
Chicago still has a ban on assault weapons.
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12. Gun sales hit new record, ammo boom to follow
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From WashingtonTimes.com: http://tinyurl.com/kqqfswy
Gun sales hit new record, ammo boom to follow
By David Sherfinski
January 6, 2014
Background checks show peak is reached after a record year.
Gun records checks, fueled by a post-Newtown boom of gun sales, hit a new high in 2013, and industry analysts expect ammunition to be the big seller this year as consumers catch up to all of those firearms purchases.
More than 21 million applications were run through the National Instant Criminal Background Check System last year, marking nearly an 8 percent increase and the 11th straight year that the number has risen.
Background checks serve as a proxy for the number of gun sales, which soared in the months immediately after the December 2012 Sandy Hook Elementary School shootings. But NICS checks plummeted in November and December compared with a year earlier, suggesting that the boom may be over.
"2013 was the best year for firearm sales (commercial, domestic) in history -- period! That's true for NH to Hawaii," said Richard Feldman, president of the Independent Firearm Owners Association in Rindge, N.H. "Ruger alone sold well over one million guns this year."
Mr. Feldman said to expect the next surge to be in bullets.
"Ammunition will still be very strong in 2014 as it hasn't caught up nationally with the demand," he said.
Gun sales spiked as Congress and a number of states debated whether to impose more restrictions on firearms purchases after Sandy Hook. Congress stalemated, but some states moved forward.
Monthly gun checks set an all-time peak in December 2012, the same month as the school shooting. The next four highest monthly totals for the national background check system all were in 2013.
Virginia, which has its own Firearms Transaction Program, reported a similar trend with last year's 479,253 background checks marking the highest total since the project began in 1989.
Gun sales don't perfectly track with background checks.
Thomas R. Baker, a criminology professor at Virginia Commonwealth University's Wilder School of Government and Public Affairs, said if buyers are purchasing more guns per visit, sales could be even higher.
"If, for example, an individual walked into a store and wanted to purchase a handgun and rifle they would only go through one NICS check," he said in an email. "So it is possible that NICS numbers could drop with gun sales going up if a large number of individuals are purchasing multiple firearms per transaction."
John Hudak, a fellow in governance studies at the Brookings Institution who studies the gun issue, said the fading of a post-Newtown boom in sales also was coupled with a subsiding of fear among some that the federal government would enact sweeping laws to curb gun ownership.
He pointed to the high numbers leading up to and following the 2012 presidential election as well.
"I think there are a few downward pressures acting on the NICS checks," he said. "Not just the Newtown effect wearing off, but the 'fear of Obama' effect wearing off."
If ammunition does become the focus for gun owners, that could become another hot-button topic.
Last year, the Homeland Security Department had to explain to Congress its contracts to buy up to 1.6 billion rounds of ammunition.
Some gun owners believed the department was trying to crowd out private consumers in the ammunition market, but federal officials said their purchases amounted to a tiny fraction of the ammunition produced every year.
The national background checks have been part of the Newtown debate.
Only federally licensed dealers are required to check customers through the system, but Sens. Joe Manchin III, West Virginia Democrat, and Patrick J. Toomey, Pennsylvania Republican, proposed expanding the mandate to include many private transactions. That plan failed to clear the Senate.
The Obama also took steps, including two last week designed to encourage states to post more data about mentally ill residents to the national system.
The Department of Justice is moving to clarify who is prohibited from having a gun because of mental health issues, and the Department of Health and Human Services is proposing a regulation to help states submit more information on such people to the national background check system.
The administration says some states have indicated that federal privacy provisions might be preventing them from submitting information about people who cannot legally buy guns because of mental health issues. HHS now is proposing a rule to give certain entities express permission to disclose identities to the national background check system to keep such people from buying guns.
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13. More advice on interactions with police
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Member David Neal shared this additional advice about what to say and/or do when interacting with the police:
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Regarding your recent newsletter articles on reporting self defense shootings:
VCDL Mini-Update on Self Defense 12/27/2013 and
VCDL Update 1/4/2014 item #4 "Comments on recent self-defense article"
Here's a THIRD? opinion on what to (and not) say to police from Massad Ayoob:
From GunsAndAmmo.com: http://tinyurl.com/lob9sj4
After a Real Shooting
By Personal Defense TV
May 26, 2011
http://tinyurl.com/lob9sj4
The discussion on what to say when reporting a shooting to police begins @ the 1:30 mark:
1. Point out the perpetrator to Police.
2. Tell Police you will "Sign the Complaint".
3. Point out the evidence to police.
4. Point out witnesses to police.
5. Will give full cooperation in 24 hours after speaking with attorney.
I'm flying on memory here (I'm pretty sure it was in one of Massad Ayoob's recent articles in Combat Handguns Magazine), but I recall reading an article where an individual shot someone in self defense, but when the case got to court, the prosecutor tried to make him out as a liar by pointing out there were shell casings found in two locations. Seems the prosecutor's theory was the shooter (the victim) shot the deceased, then chased him to a second location and shot him again.
It was discovered that when the EMTs arrived and were attending to the person that had been shot (the first order of business?), they had unknowingly kicked shell casings from one area to another in performance of their duties.
Fortunately for the victim (the shooter), the jury went with the defense and did not buy the prosecutor's argument that the shooting was an execution, not self defense.
While few, if any, of us might have the presence of mind to spot / point out such an event as casings being unwittingly moved, it does follow Ayoob's warning that if you don't point out evidence, it may disappear, as in shell casings being picked up by passing car tires or lugged boot treads.
Also remember this final point - due to a recent Supreme Court ruling, your right to remain silent CAN be used against you unless you verbally express your desire to invoke your 5th Amendment right!
Supreme Court Rules Fifth Amendment Has to Actually Be Invoked In a 5-4 decision the Supreme Court ruled today that a potential defendant's silence can be used against him if he is being interviewed by police but is not arrested (and read his Miranda rights) and has not verbally invoked the protection of the Fifth Amendment.
From Reason.com: http://tinyurl.com/lqhw2n7
Supreme Court Rules Fifth Amendment Has to Actually Be Invoked
By Scott Shackford
June 17, 2013
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14. Five of the most interesting things from the Bloomberg anti-gun group emails
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Member Paul Henick emailed me this:
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From TheBlaze.com: http://tinyurl.com/lv324my
Five of the most interesting things from the Bloomberg anti-gun group emails
By Fred Lucas
January 8, 2014
A rush to maximize political benefit from the Newtown school shooting, bickering over celebrity sponsors and snarky commentary on some of the nation's most prominent politicians are among the things to emerge from communications between former Mayor Michael Bloomberg's New York City Hall staff and executives at the Bloomberg-founded group, Mayors Against Illegal Guns (MAIG).
Judicial Watch, a conservative government watchdog group, obtained 547 pages of e-mails between the city hall and the anti-gun organization pursuant through a lawsuit under New York state's Freedom of Information Law. TheBlaze determined the five most intriguing aspects of the communications so you don't have to read all 547 pages.
1. Little Separation Between City Hall and Political Nonprofit: 'Must Have Some Metrics'
New York City Hall employees, paid by the city's taxpayers, spent significant time intertwined with a national group that had nothing to do with gun policy or any other policy in the New York City limits.
Among the prominent city hall staffers involved in seemingly every minutia of the anti-gun group was John Feinblatt, the chief adviser to Mayor Bloomberg for policy and strategic planning and the criminal justice coordinator. The bulk of e-mails were between Feinblatt and Mark Glaze, the director of Mayors Against Illegal Guns.
But in numerous e-mails, various other city hall officials were cc'd.
In a blunt message to Glaze and MAIG staff, after a courtesy of "everyone is doing a great job," Feinblatt demanded the group show him some real measurable signs of progress.
"I must have some metrics," Feinblatt wrote on Dec. 22, 2012, days after the organization tried to maximize the political impact of the Connecticut shooting. "We are pouring money into this effort and I can't answer the most basic questions - money raised, petitions sent, names acquired etc. There is no sure recipe for the money drying up than to be caught empty handed when asked how are we performing. Please do everything you can to fix this now." (Page 233 of PDF)
Five days later, the group delivered a memo with the those metrics. (Page 270 of the PDF)
"Since Newtown: We have 283,781 new supporters. We have 890,931 total active supporters. ... 2,154 people have donated $188,238.50 through our websites. The average donation is about $87.00," the MAIG memo said.
On Dec. 21, 2012, Katherine Oliver, commissioner of the Mayor's office of media and entertainment, e-mailed Feinblatt excitedly talking about celebrities doing anti-gun commercials and the "Demand a Plan" website, set up to push for stricter gun laws. (Page 191 of the PDF)
"The mayor will tweet about this and we want to send traffic to Demandaplan.org we also would like celebrities who participated in the campaign to - retweet Mike Bloomberg's tweets - can we reach out to all the celebrity participants and coordinate that effort?" Oliver wrote.
Judicial Watch President Tom Fitton called this a personal political effort from Bloomberg.
"This was a lobbying effort funded by taxpayers," Fitton told TheBlaze. "There is a legal question here. There is certainly enough smoke and fire here. It certainly warrants an investigation. Someone entrusted to public office is only supposed to do the public's work there."
2. Bloomberg's Strategy After Newtown Shooting: 'Ahead of Congress, the White House and the Press'
On Dec. 14, 2012, when gunman in Newtown murdered 20 children and six adults at Sandy Hook Elementary School in Newtown, Conn., Glaze forwarded Feinblatt an e-mail message pointing out that White House Press Secretary Jay Carney said this was not the day to talk about gun policy. He apparently thought that left a vacuum.
A little over 12 hours later, at 1:32 a.m., Glaze again e-mailed Feinblatt on "a couple thoughts for keeping the mayor ahead of Congress, the white house, the press." (Page 14 of the PDF)
The Glaze message continued saying Bloomberg should meet with President Barack Obama and Vice President Joe Biden before the inauguration. "He could ask to meet next week, possibly bringing survivors with him," Glaze wrote.
He was also hopeful of getting converts to their side on Capitol Hill and suggested meetings with several specific members of Congress including Reps. Nancy Pelosi (D-Calif.) and Peter King (R-N.Y.) and Sens. Mark Udall (D-Colo.), John McCain (R-Ariz.), Tim Kaine (D-Va.) Mark Warner (D-Va.), Mark Kirk (R-Ill.) and John Tester (D-Mt.).
"It says something when political aides were trying to figure out how their boss could benefit politically from the mass murder of children," Fitton told TheBlaze regarding Glaze's message.
3. Terse Duel Over Celeb Endorsements: 'Strange E-Mails and Threats'
Glaze became very irked upon getting wind that another organization advocating gun control - the Brady Campaign and Center to Prevent Gun Violence - was recruiting some of the same Hollywood celebrities to do public service announcements as Mayors Against Illegal Guns.
Glaze alarmed Feinblatt of a call he got from a celebrity booking agent MAIG worked with who told him, "Brady is trying to persuade both her and other celebs to do psa with brady instead. That's all I know, but he'd done this kind of thing before, and we need to cut it off." (Page 44 of PDF)
Glaze followed with a terse e-mail to Brady Campaign President Daniel Gross, at this point, two days after the Newtown shooting.
"Dan - if true that you are attempting to intervene in the work we are doing with celebrities on Demand A Plan and drive them toward Brady: don't," Glaze wrote.
Gross responded, coming across as surprised by the tone.
"Making our schools and communities safer is the only thing on our mind versus our misplaced focus on strange e-mails and threats," Gross wrote. "Bottom line is, some people are coming to Brady to engage, some people are coming to MAIG and some are coming to both. What's most important is that they're engaging at this most critical moment, to crated the change we all seek. We wish you only the best in all your important efforts and look forward [to] the day we find smart ways to work together."
4. The NRA and 'The Sound of a Political Career Dying' (and Rahm Emanuel)
There was a common anti-NRA thread throughout most of the e-mails. In one message from Feinblatt to Glaze, they seemed approving of the current frontrunner for the 2016 Republican presidential nomination, New Jersey Gov. Chris Christie.
"Gov. Christie knocks NRA proposal," Feinblatt told Glaze in the Dec. 21, 2012 message. The NRA had suggested armed guards in schools as an alternative to gun control. (Page 195 of PDF)
Virginia Gov. Bob McDonnell, also a Republican, took a different approach and supported arming teachers and principles. Feinblatt told Glaze in a Dec. 18, 2012 message, "Need to hit him," referring to McDonnell. Glaze gleefully responded, "We are. The sound of a political career dying." (Page 88 of PDF)
In the same Glaze e-mail sent in the early hours of the morning after the Newtown massacre, the MAIG director suggested including Chicago Mayor Rahm Emanuel in the gun control effort, mainly to keep him from feeling insulted. "[R]ahm. He'll be in town on Monday - and if not invited to join us, doubly snubbed. Should figure out how to finesse that," the e-mail said. (Page 14 of PDF)
5. Gary Hart Snubbed Again: 'Not Your Man'
Former Colorado Sen. Gary Hart, who dropped out of the 1988 Democratic presidential primary in disgrace because an extramarital affair, has attempted more than a few political comebacks. He did so again after the Newtown shooting by contacting MAIG.
On Jan. 11, 2013, Hart told Feinblatt, "I am at the beginning stage of trying to organize support for a new gun owners organization as a counterweight to the NRA. ... if I'm able to rally some financial and political support, I have no doubt such an organization could be formed in a matter of weeks."
On Jan. 12, Glaze expressed skepticism to Feinblatt.
"Gary Hart is not your man if getting conservatives is your goal," Glaze wrote.
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15. Poll: Household gun ownership on rise in U.S.
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Member Walter Jackson emailed me this:
--
From Breitbart.com: http://tinyurl.com/ma3alqo
Poll: Household gun ownership on rise in U.S.
By Awr Hawkins
January 10, 2014
The latest Economist/YouGov poll shows that 39 percent of American households own guns, which represents a five percent increase over the number of gun owning households in 2012.
Throughout 2013, gun control proponents frequently dismissed the importance of empirical data on gun sales by claiming gun companies were simply selling multiple weapons to the same purchasers. But by showing that "nearly 4 in 10 American households have guns," the Economist/YouGov poll demonstrates that there was actually a broadening of the base of gun ownership last year.
According to the Washington Examiner, this increase in gun owning households marks a reversal of "the four-decade drop in household ownership" which began in the 1970s.
The poll found that 30 percent of gun owning households were Democrats, and 49 percent were Republicans.
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16. [CO] Colo. Democrats blamed for $80M hit to economy by pushing out gun firm Magpul
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In Virginia, McAuliffe's anti-liberty stance while campaigning for Governor scared away Beretta, which dropped Virginia off its short list of states for relocation from Maryland. The cost was millions of dollars and over 300 jobs lost.
Member Walter Jackson emailed me this:
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From WashingtonTimes.com: http://tinyurl.com/mmtujpy
Colo. Democrats blamed for $80M hit to economy by pushing out gun firm Magpul
By Valerie Richardson
January 4, 2014
DENVER -- Democrats came under heavy criticism Friday for driving Magpul Industries out of Colorado by pushing an aggressive gun-control agenda, a move that could cost the state more than $80 million annually.
Republican state Rep. Lori Saine said she was "saddened to see this completely partisan law, widely considered unenforceable by sheriffs across Colorado, cause Magpul to leave our state."
"The magazine ban did not garner one Republican vote in the House or Senate, and now as a result of this one-sided, Democrat-sponsored law, more than 200 people will lose their jobs and their ability to provide for their families," said Ms. Saine in a statement. "[T]his move will cost the state of Colorado over $80 million a year in revenue."
Officials at Magpul, which makes polymer firearms accessories, announced Thursday that the company will move its corporate headquarters to Texas and its manufacturing facility to Wyoming. Both are now based in Erie, Colo.
The relocation comes as a result of a measure signed by Gov. John Hickenlooper in March that limits ammunition-magazine capacity to 15 rounds. Magpul is among the plaintiffs in a lawsuit filed against the law.
Prior to the signing, Magpul officials told state officials that the company contributes more than $85 million annually to Colorado's economy. The company employs 200 people and supports another 400 supply-chain jobs.
A year ago, the rapidly expanding firm was preparing to build a state-of-the-art facility in Broomfield, but pivoted after the gun-control bills gained steam. Magpul was founded in 1999 by CEO Richard Fitzpatrick in the basement of his home in Longmont, Colo.
The company plans to keep a small presence in Colorado in order to continue to fight the ammunition-magazine law.
"2013 began with Magpul planning expansion in Colorado, now 2014 begins with the announcement that Magpul will move 92 percent of its operation to Wyoming and Texas," said Republican state Sen. Greg Brophy in a statement.
So far no Democratic lawmakers, including Mr. Hickenlooper, have commented publicly on Magpul's decision to leave Colorado, although several Democrats have said that job growth is their top priority for 2014.
House Speaker Mark Ferrandino said at a press briefing Friday that he would not support a Republican-led effort to repeal the magazine law, adding he did not want to "rehash the same fights we had last year," according to the Denver Post.
Senate Minority Leader Bill Cadman noted Friday that the three gun-control bills approved and signed in March were passed by the state legislature with no Republican votes.
"Democrats got what they wished for yesterday when Magpul Industries announced it would be leaving Colorado and taking over 200 jobs with them," said Mr. Cadman in a statement. "It's unfortunate that Democrats willingly chased a quality business like Magpul Industries out of Colorado for no reason other than petty politics. It's even more unfortunate for the over 200 Coloradans who will be losing their jobs and falling behind on their bills as a direct result of irresponsible legislation from Democrats in Denver."
The issue has already become fodder for this year's gubernatorial race. Mr. Brophy and former Rep. Tom Tancredo, who are seeking the Republican nomination, blasted Mr. Hickenlooper for pushing Magpul out the door.
"This announcement is a stark reminder of the damage that this governor has done, and continues to do, to Colorado," said Mr. Tancredo in a statement. "Hickenlooper gladly signed anti-gun legislation, with full knowledge that his actions would alienate and demonize law-abiding citizens, and job-creating businesses such as Magpul.
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17. [MI] Police to examine surveillance video of shooting on Rapid bus [VIDEO]
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Member Rollin Reisinger emailed me this:
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Yet again, we see criminals targeting citizens in enclosed spaces lacking immediate exit. A moving bus is the very definition of a place to which police can't respond nor can a targeted victim retreat.
One must wonder what advice anti-gun extremists would give to those suffering a violent criminal attack on the bus. Dial 911? Retreat? [PVC: Or tell the criminal, "Please don't hurt me, I'm unarmed ?]
From MLive.com: http://tinyurl.com/mvx7dr8
Police to examine surveillance video of shooting on Rapid bus, suspects remain at large
By Andrew Krietz
January 1, 2014
GRAND RAPIDS, MI -- Details remain scarce Wednesday morning after police say a Rapid bus passenger shot at another rider on a route Tuesday evening.
Surveillance video of the incident is expected to be obtained by police today from Rapid officials and examined by a detective Thursday, Grand Rapids Police Capt. Peter McWatters said.
The driver reported a shot fired on the bus at about 8:30 p.m. Tuesday, Dec. 31, on South Division Avenue and Delaware Street SE. A man onboard apparently used a .22-caliber pistol to shoot at another man, McWatters said.
Both men fled the scene.
Police say no one has complained of being shot nor reported to any hospital since the incident. Shell casings were recovered on the bus, and it remains unclear what sparked the shooting, McWatters said.
About 10 people were on the bus at the time but disembarked safely soon after the shooting, police say.
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18. [NY] Handgun used as laser pointer by state official
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Only government employees are trained well enough to carry guns. Or not:
Member Paul Henick emailed me this:
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Words. I have none. I'm too busy banging my head.
From TimesUnion.com: http://tinyurl.com/momzg68
Ready ... aim ... point ... talk
By James M. Odato
January 6, 2014
Handgun used as laser pointer by state official reportedly rattles foreign delegates
Jerome M. Hauer, Gov. Andrew Cuomo's director of homeland security, took out his handgun and used the laser sighting device attached to the barrel as a pointer in a presentation to a foreign delegation, according to public officials. It happened Oct. 24 in Albany at the highly secure state emergency operations center below State Police headquarters.
These officials, one of whom claimed to be an eyewitness, said that three Swedish emergency managers in the delegation were rattled when the gun's laser tracked across one of their heads before Hauer found the map of New York, at which he wanted to point.
Hauer, commissioner of the Division of Homeland Security and Emergency Services, was disabled by a stroke a few years ago and can be unsteady. He isn't a law enforcement official. He carries the loaded 9-millimeter Glock in a holster into state buildings, an apparent violation of state law barring state employees from bringing weapons to the workplace, several witnesses say.
The incident with the Swedish delegation occurred during a two-hour briefing at the operations center concerning the state's response to Superstorm Sandy, according to one of the officials.
Asked about the matter over the course of several weeks, Cuomo's press aide promised to look into it but has repeatedly had no comment. Hauer's communications officer, Peter Cutler, also promised to look into it, but he has declined to respond beyond saying he is unaware that it happened. "I've heard rumors," Cutler said.
No one, including Hauer, has denied the episode happened. Approached by the Times Union at the Capitol after a meeting with Cuomo, Hauer was asked if he had used his gun as a pointer in a presentation. "You have bad sources," he said, but would not take follow-up questions.
According to one person who witnessed the scene in the conference room, which has mid-wall-to-ceiling windows so that people can see into the meeting space, two people opposite Hauer at the table moved quickly out of the line of the laser when he brought out the gun.
What happened that day? "Your guess is as good as mine," said Cutler, whose desk at the homeland security office at the Harriman Campus is a short walk down the hall to Hauer's. "I don't have any information on that."
Cutler said he would check to see if a Swedish delegation met with his boss on Oct. 24, but did not share whatever information he gathered.
Cutler also said he had no information about Hauer being under consideration for a job as a liaison between New York state government and the new administration of New York City Mayor Bill de Blasio.
"I don't even know if he carries a weapon," Cutler said about his boss, who has drivers who also wear guns. Asked in the past why he carries a handgun, Hauer suggested that a reporter look him up in a Google search.
Cutler said Hauer is licensed to carry a gun in Albany and in New York City. The press officer said he isn't sure if his boss is authorized to carry one into state offices, however. He suggested a reporter contact the Office of General Services and the State Police to see if Hauer received some sort of carve-out from the Public Facilities Law, which prohibits employees from entering state buildings with weapons. Press officers from the two offices did not have information on Friday about whether Hauer has permission to bear arms at work.
Hauer, who is recognized as highly knowledgeable on bioterrorism security, is paid $136,000 a year in his post. He has been a consultant and was director of the New York City Office of Emergency Management during Mayor Rudy Giuliani's tenure.
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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/]
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