VA-ALERT: VCDL Update 7/4/14. Happy 4th!

Post by **OakRidgeStars** » Fri, 04 Jul 2014 14:31:50

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Not yet a VCDL member? Join VCDL at: http://www.vcdl.org/join
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VCDL's meeting schedule: http://www.vcdl.org/meetings
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Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html
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1. Action Item: Quick and easy email to protect VA CHP recognition in Pennsylvania
2. Help needed with VCDL booth an Louisa Agriculture Fair booth at end of July
3. VCDL membership meeting in Virginia Beach on July 30th!
4. Sussex noise ordinance fixed for Sunday hunting and shooting, but not for predator hunting
5. VCDL President’s interview on “The Score” radio show
6. Long gun open carry in Richmond gets national attention by gun owners
7. Las Vegas shooting video timeline
8. Store owner in Newport News pulls gun on would-be robber
9. Who needs a gun in the upscale areas of Williamsburg?
10. Sen. Tim Kaine: Push to arm soldiers on military bases motivated by politics
11. DOJ Requests $2 Million for Safe Gun Technology Development
12. Air Marshal Director stepping down amid agency gun scheme probe
13. Gun-Related Murder Rates Higher Under 'Assault Weapons' Ban
14. New Study: Concealed carry deters murder
15. Tips: when stopped by police and carrying a firearm [VIDEO]
16. Using network analysis to understand gun violence [VIDEO]
17. Mark Witaschek tax investigation follows D.C. conviction for muzzleloader bullet ammunition
18. Gun owners, you're winning. Here are 3 big victories for open carry
19. 7th grader’s pencil twirling leads to suspension and psychological evaluation when called ‘gun motions’
20. Georgia mayor’s response to Mayors Against Illegal Guns is PRICELESS
21. Meet the pistol-packing nurse who helped stop a Detroit mob
22. Soldiers want OK to carry concealed weapons on base
23. Juan Williams wants a gun-free America because of Fort Hood
24. Fort Hood survivor pens letter urging guns on bases
25. [CA] Gunman opens fire in station, LAPD cop wounded (compare this to Ft. Hood shooting)
26. BREAKING: Hit this poll on Target’s new policy NOW

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1. Action Item: Quick and easy email to protect VA CHP recognition in Pennsylvania
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The Pennsylvania Attorney General has been busy rescinding reciprocity agreements with her state. Utah no longer has reciprocity with Pennsylvania and Virginia non-resident CHPs are no longer honored. It could be a matter of time before all Virginia CHPs are not honored.

There is legislation to fix the problem and, as a nearby state, we can let the Pennsylvania legislature know that we will avoid Pennsylvania until this problem is fixed.

The link below only takes about 30 seconds to do and will automatically send a prewritten email to key Pennsylvania legislators on this issue:

http://www.usrkba.org/fire-mission/pa-reciprocity

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2. Help needed with VCDL booth an Louisa Agriculture Fair booth at end of July
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For VCDL to have a booth again at this year’s Louisa Agriculture Fair, we need some volunteers at the booth. EM Brandy Polinowski can set up the booth, but we need one of the volunteers to tear down the booth and store it for a couple of weeks until Brandy can get it from you.

The dates of the fair are: Thursday, July 31; Friday, August 1; and Saturday, August 2.

If you can help, let me know by sending an email to: president@vcdl.org

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3. VCDL membership meeting in Virginia Beach on July 30th!
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VCDL will have a membership meeting on Wednesday, July 30, in Virginia Beach at:

Virginia Beach Orberndorf Central Library
Auditorium
4100 Virginia Beach Boulevard
Virginia Beach, VA 23452

Fellowship starts at 6:30 PM and the meeting is called to order at 7 PM and runs until 8:30 PM.

The meeting is open to the public, so bring your friends, family and co-workers. As a public library, carry is allowed.

Thanks to Carl Bare for making the arrangements.

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4. Sussex noise ordinance fixed for Sunday hunting and shooting, but not for predator hunting
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Member Kevin Bain reported that the Sussex County Board of Supervisors voted to exempt Sunday hunting and shooting from their new noise ordinance permanently. A victory for gun owners and hunters!

However, for predator hunters, unless they can do so quietly, they are still blocked from hunting between from 10 PM and 6 AM by the ordinance.

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5. VCDL President’s interview on “The Score” radio show
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I was interview by Richmond talk show host Scott Lee on his “The Score” radio show about the recent U.S. Supreme Court ruling on straw purchases. Scroll down to “Of Budgets and Men” and start the audio. My interview starts at the 23 minute mark:

http://bearingdrift.com/category/multimedia/podcasts/

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6. Long gun open carry in Richmond gets national attention by gun owners
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From thetruthaboutguns.com: http://tinyurl.com/onba7ta

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7. Las Vegas shooting video timeline
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This is a video timeline of the recent shooting spree by a husband and wife in Las Vegas. It seems to follow the general flow given by the press, but I can’t vouch for the details one way or the other. Still it is interesting to study such things for any lessons learned. Thanks to member John Hacker for the link:

http://news.yahoo.com/video/las-vegas-s ... 48480.html

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8. Store owner in Newport News pulls gun on would-be robber
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Ruslan Ketenchiev emailed me this:

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From WVEC.com:http://tinyurl.com/kk7syqm

Store owner in Newport News pulls gun on would-be robber
by 13News Now
April 9, 2014

NEWPORT NEWS -- A man who wanted to rob a store in Newport News got a surprise - the owner working there
had a gun of his own.

Police say the man saw the robber just as he was about to go into the Exxon gas station/mini-mart at 14793 Warwick Blvd. just before midnight April 4.

Pictures from surveillance video show the man with a white bandanna over his face entering the store, man inside pointing the gun and then running out, apparently when the owner pulled his own gun, said spokesman Harold Eley.

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9. Who needs a gun in the upscale areas of Williamsburg?
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From wydaily.com: http://tinyurl.com/kzqr4l8

Deputies: Man Abducts Woman, Two Kids from Village Shops at Kingsmill.
by Gregory Connolly
April 8, 2014

A James City County woman and her two young children were not hurt after deputies say an armed man took them hostage at the Village Shops at Kingsmill on Monday and tried to have her get him money from ATMs along Pocahontas Trail.

The woman and her children had lunch at the Wine & Cheese Shop at the shopping center, located on Pocahontas Trail near Busch Gardens. After leaving, the woman placed her 4- and 9-year-old children in the car, at which point deputies believe 23-year-old Christopher Junior Thompson approached her and asked for money. She said she did not have any, at which point he revealed a gun and forced the victim into her car, said Lt. Dennis Ivey of the York-Poquoson Sheriff’s Office.

Thompson is then alleged to have forced her to drive to an ATM at a Shell Station across the street. The ATM was out of service. He then allegedly forced her to drive to a nearby BB&T Bank on McLaws Circle. While at the bank’s ATM, the woman was able to say “help me” to another woman at the bank, Ivey said. That woman called 911.

Upon hearing sirens, Thompson allegedly ordered the woman to drive away. He directed her to the area of Parchment Boulevard and Merrimac Trail in York County, at which point he allegedly took the woman’s cell phone and then looked at her driver’s license, threatening her if she were to report the matter to law enforcement. He allegedly held her and her children hostage for several minutes before getting out of the car.

Thompson was arrested a short time later by the Newport News Police Department. The Williamsburg and James City County police departments assisted in the investigation.

He has been charged with three felony counts of abduction, one felony count of grand larceny, one felony count of attempted robbery, one felony count of carjacking, one felony count of credit card theft, one felony count of use of a firearm in a commission of a felony, one felony count of possession of a firearm by a convicted felon, one count of wearing a mask in public and one count of preventing someone from making a 911 call.

He is currently being held at the Virginia Peninsula Regional Jail.

Thompson was sentenced to 30 years and six months in prison in November, according to court records. All but three months of the sentence were suspended. He received the sentence after pleading guilty to charges stemming from a June break-in at a residence on the 100 block of Pebble Beach in Upper York County.

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10. Sen. Tim Kaine: Push to arm soldiers on military bases motivated by politics
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Senator Tim Kaine just doesn’t understand safety. It’s not political - it’s life or death.

Member Walter Jackson emailed me this:

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From breitbart.com: http://tinyurl.com/kwycbqm

Sen. Tim Kaine: Push to Arm Soldiers on Military Bases Motivated by Politics
by AWR Hawkins
April 6, 2014

During an April 6th appearance on Fox News Sunday with Chris Wallace, Senator Tim Kaine (D-VA) said Congressional efforts to change policy and allow more soldiers to carry guns on military installations is "a little political."

Kaine was responding to Representative Mike McCaul's (R-TX) push to allow soldiers to carry on post for self-defense.

After Wallace highlighted prominent incidents on military installations where personnel have come under fire and been unable to defend themselves, Kaine pointed out that a "common thread in some of the recent shootings" is "an element of the outside world coming on to the base." He pointed to "guns purchased out in the community" that are then brought on base against regulation. He talked about parameter security and also "the nexus... between mental health laws and gun laws."

Wallace then discussed "gun restrictions on military bases," saying, "soldiers are prohibited from carrying guns on the base" for self-defense, and "guns must be registered."

Rep. McCaul responded by saying more personnel need to be armed on bases. Wallace asked Kaine what he thought, and the Senator said: "I trust the military's leadership on this. I don't live on a military base and I don't serve in the military. And for those of us in Congress to say, 'Here's what they should do'... [seems] a little political rather than really about safety or security.”

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11. DOJ Requests $2 Million for Safe Gun Technology Development
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Smart guns? Let the police prove the technology works if it is so good and dependable. Let’s start with the Secret Service and Capitol Hill police being required to adopt it for all their firearms.

(I’m betting that the police will be exempted should smart guns be mandated down the road. Anybody want to bet against me?)

Member Bill Albritton emailed me this:

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From breitbart.com: http://tinyurl.com/moq73hp

The Department of Justice requested $2 million for "gun safety technology"
by AWR Hawkins
April 7, 2014

The Department of Justice requested $2 million for "gun safety technology" in its 2014 fiscal year budget.

Attorney General Eric Holder explained this request to a House appropriations subcommittee on April 4th.

According to The Washington Free Beacon:

"I think that one of the things that we learned when we were trying to get passed those common sense reforms last year, Vice President Biden and I had a meeting with a group of technology people and we talked about how guns can be made more safe," [Holder] said.

By making them either through finger print identification, the gun talks to a bracelet or something that you might wear, how guns can be used only by the person who is lawfully in possession of the weapon.

It’s those kinds of things that I think we want to try to explore so that we can make sure that people have the ability to enjoy their Second Amendment rights, but at the same time decreasing the misuse of weapons that lead to the kinds of things that we see on a daily basis," Holder said.

On April 24, 2013, Breitbart News reported that smart gun technology would be part of the coming gun control push. We stressed crucial questions regarding such technology.

For instance, what happens when a gun programmed to fire only when held by the father at a particular home can't be fired by the wife or 17-year-old son who is home alone when an intruder kicks in the door?

Also, concerning bracelet-to-gun technology, what happens when a thief figures out he or she should steal the bracelet and the gun, rather than just the gun?

Smart gun technology critics have been asking these questions since the issue was first raised during the Clinton presidency. They have yet to be answered.

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12. Air Marshal Director stepping down amid agency gun scheme probe
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Member William Goodman emailed me this:

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From foxnews.com: http://tinyurl.com/kbb2naf

Air Marshal Director stepping down amid agency gun scheme probe
by Jana Winter
April 11, 2014

EXClUSIVE: The director of the Federal Air Marshal Service is retiring after being investigated for his role in an alleged operation to acquire guns for officials' personal use, FoxNews.com has learned.

Director Robert Bray's home was raided in December in connection with the ongoing probe, according to sources and documents. Law enforcement and congressional sources told FoxNews.com that Bray's recently announced retirement, which is effective in June, is directly related to the investigation.

Transportation Security Administration officials say no such raid ever happened.

But Bray allegedly is among several officials who were obtaining weapons through this operation.

The probe stems from whistleblower accusations involving federal Air Marshal Supervisor Danny Poulos. Sources say the Department of Homeland Security inspector general is involved, and possibly the Bureau of Alcohol, Tobacco, Firearms and Explosives. TSA officials disputed that those agencies are involved, but acknowledged that there is an internal review under way by the TSA Office of Inspection into the supervisor's alleged activity.

The supervisor, a TSA official confirmed to FoxNews.com, is "on administrative leave."

Poulos is accused of using the agency's federal firearms license and his relationship with gun manufacturer Sig Sauer to obtain discounted and free guns. He then provided them to high-up agency officials for their personal use, according to whistleblower documents obtained by FoxNews.com and interviews with multiple officials with knowledge of the ongoing probe.

It is unclear, based on the allegations, whether he made money off the alleged transactions, and how many guns were involved.

TSA officials confirmed to FoxNews.com on Friday that Bray did buy weapons from the supervisor, but stressed that he did so legally and with "no knowledge" that they may have been "ill-gotten."

“We are aware of the allegations and we are looking into them," a TSA spokesman said.

Rep. Richard Hudson, R-N.C., chairman of the House Homeland Security transportation security subcommittee, wrote a letter to Transportation Security Administrator head John Pistole on Thursday raising "grave concern" about the claims of possible "gross misconduct."

Though Congress is supposed to be notified of these types of probes, when reached by FoxNews.com for comment, a spokesman for Hudson said they had received no such notification.

In the letter, Hudson cited claims that an Air Marshal supervisor "may have accepted free firearms that were offered because of the employee's official position in 2010, at a time when such firearms were being tested by FAMS for possible future procurement."

He wrote that the same employee "may have, in turn, sold or given those firearms to other Federal employees, including but not limited to the current Director of FAMS."

He also voiced concern that the director's retirement "may be directly related" to the investigation into the activity. Further, he complained that Congress was not notified of any of this.

"I am extremely concerned about recent allegations of unethical behavior involving firearms within the Federal Air Marshal Service, dating as far back as 2010," Hudson told FoxNews.com in a written statement. "The alleged behavior is unbecoming of any official entrusted with the duty to protect and serve the American public. I am outraged at the apparent attempt by TSA and the Federal Air Marshal Service to hide this from Congress. TSA needs to come forward and provide clear and complete answers so that we can conduct a thorough and open review of these alleged activities on behalf of the American people." Hudson gave Pistole until next Friday to provide more information on whether illegal and/or unethical activity took place and other details.

TSA spokeswoman LuAnn Canipe defended Bray, when asked about the allegations.

"Director Bray has an exemplary record of public service in the federal government," she said. "He has protected presidents and he has protected the travelling public for nearly 40 years."

FoxNews.com attempted to reach Bray for comment via email, but has not received a response. Reached by phone on Thursday, Poulos told FoxNews.com: "I don't have a comment." Poulos' lawyer also told FoxNews.com it was premature to speak on the record about his client.

The DHS-OIG office said it would not comment on "investigative matters," when reached by FoxNews.com.

The details in Hudson's letter square with accounts from whistleblower documents and other sources.

"The DHS IG is presently investigating a pervasive personal gun purchasing issue at the FAMS. The investigators are quietly calling in federal air marshals that purchased weapons from [the supervisory agent] out of his federal government office and taking photographs of the [sic] each gun's serial numbers," one document obtained by FoxNews.com said.

The document detailing the allegations -- written by a whistleblower and circulated among some employees -- claimed that Poulos, at the Washington Field Office, is "under an active investigation by the DHS IG" for using his FAMS license to buy guns "from Sig Sauer for the FAMS Director, senior TSA/FAMS staff and a few Federal Air Marshals at a discounted 'FAMS Agency' rate."

The document further said "some of these weapons may not fully be accounted for or some stolen -- thus the reason for the DHS IG to want photos of the serial numbers."

Sources and documents say that the director's home was raided on Dec. 26, 2013 and at least one gun was seized that was allegedly connected to the gun operation.

Sources told FoxNews.com that Bray filed a police report after the raid reporting the weapon stolen -- even though it allegedly was seized by ATF during the raid. The Fairfax County police in Virginia, in response to a Freedom of Information Act request by FoxNews.com, provided information saying that on Dec 26, a pistol was reported stolen from the home address of Bray. But the date of theft was listed as Dec. 20.

It is unclear when the DHS OIG investigation began, but if the Dec. 26 stolen weapon police report is any indication, it was going on at that time.

Poulos did not personally have a federal firearms license, but had been authorized to use FAMS' license to purchase guns for the agency, according to documents -- he's accused of using that license to buy the weapons for other officials, including the director, for their personal use.

Documents obtained by FoxNews.com also claim the ongoing investigation "is being conducted quietly to keep Congress in the dark on the gross mismanagement and misdeeds that the FAMS senior management staff have perpetrated for several years."

Texas Republican Rep. John Carter, chairman of the House Appropriations Homeland Security subcommittee, said Friday he was "deeply disappointed and disturbed" by the claims and urged the TSA to provide "clear and comprehensive information" to Congress.

Bray announced his retirement in a March 31 email to agency employees.

"Many of you have heard me talk about the importance of change and how vital it is to keep any agency moving forward," he wrote. "Therefore, I need to practice what I preach and so effective June 28th, I am going to retire from Federal service."

He said he has no plans "except to spend time with my wife and family, without whose love and support I could not have had such a great, long career.”

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13. Study: Gun-Related Murder Rates Higher Under 'Assault Weapons' Ban.
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Member Walter Jackson emailed this:

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From breitbart.com http://tinyurl.com/kak2rqj

Study: Gun-Related Murder Rates Higher Under 'Assault Weapons' Ban.
by AWR Hawkins
April 7, 2014

A study in the November 2013 issue of Applied Economic Letters shows that gun-related "murder rates were 19.3 percent higher when the Federal ['assault weapons'] ban (AWB) was in effect."

The Federal AWB went into effect in 1994 and expired in 2004.

The study was conducted by Quinnipiac University's Mark Gius, who noted that the Federal AWB included a "[prohibition against] large capacity magazines that held more than 10 rounds of ammunition."

A renewal of the Federal AWB and a ban on magazines holding more than 10 rounds of ammunition have been prominent talking points among Democrats since the heinous crime at Sandy Hook Elementary. However, Gius's study shows that both of these things combined at the federal level did not result in a lower murder rate. Instead, gun-related murder rates increased significantly while the ban was in effect.

The study goes beyond "assault weapons" to suggest that restrictive concealed carry laws also result in a higher gun-related murder rate than do less restrictive concealed carry laws. According to the study, "states with more restrictive [concealed carry] laws had gun-related murder rates that were 10 percent higher.”

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14. New Study: Concealed carry deters murder
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Member James Durso emailed me this:

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From powerlineblog.com: http://tinyurl.com/mkxe7hc

New Study: Concealed Carry Deters Murder
by John Hinderaker
April 6, 2014

Economist Mark Gius has a new study in the journal Applied Economics Letters that bears on the gun control debate. Gius finds that permissive concealed carry laws (generally, “shall issue”) result in a lower rate of homicide involving firearms. Conversely, state-level assault weapons bans have no statistically significant effect on the homicide rate involving guns. This is the abstract:

The purpose of the present study is to determine the effects of state-level assault weapons bans and concealed weapons laws on state-level murder rates. Using data for the period 1980 to 2009 and controlling for state and year fixed effects, the results of the present study suggest that states with restrictions on the carrying of concealed weapons had higher gun-related murder rates than other states. It was also found that assault weapons bans did not significantly affect murder rates at the state level. These results suggest that restrictive concealed weapons laws may cause an increase in gun-related murders at the state level. The results of this ???study are consistent with some prior research in this area, most notably Lott and Mustard (1997)

The author explains how his study differs from some past analyses:

The present study differs from this prior research in several ways. First, data for the period 1980 to 2009 is examined; this is one of the longest time periods examined in any research on assault weapons bans or CCW laws. Second, the gun-related murder rate is used as the dependent variable. The use of this crime rate is important because most other studies looked at violent crime rates or homicide rates. Violent crime rate data is not disaggregated into gun-related violent crime and non-gun violent crime, and homicides include justifiable killings and state-sanctioned killings; hence, an analysis using these types of crime rates may result in spurious conclusions.

I don’t necessarily agree with this. If permissive concealed carry laws result in a lower rate of homicide involving firearms, it is because criminals are deterred from attacking you by the possibility that you might be armed. That deterrence would operate equally, if not more so, if the criminal contemplated attacking you with a knife or blunt object. As to assault weapon bans, on the other hand, if they had any effect at all, it presumably would show up in statistics on homicides involving firearms.

This is from the author’s conclusion:

The CCW dummy variable is significant and positive, but the assault weapons ban is insignificant. Given that the average gun-related murder rate over the period in question was 3.44, the results of the present study indicate that states with more restrictive CCW laws had gun-related murder rates that were 10% higher. In addition, the Federal assault weapons ban is significant and positive, indicating that murder rates were 19.3% higher when the Federal ban was in effect. These results corroborate the findings of Lott and Mustard (1997). These results suggest that, even after controlling for unobservable state and year fixed effects, limiting the ability to carry concealed weapons may cause murder rates to increase.

This finding will be welcomed by gun rights advocates. But then there is this:

There may, however, be other explanations for these results. Laws may be ineffective due to loopholes and exemptions. The most violent states may also have the toughest gun control measures. Further research is warranted in this area.

Indeed. States with major urban areas have historically had the most restrictive gun laws, precisely because they had the highest crime rates. I am not sure how this can be sorted out statistically, but one thing we can say for certain: liberalizing concealed carry laws does not lead to an increase in homicide, or in crime generally; if anything, the opposite. Given that the Constitution guarantees the right to bear arms, and many millions of Americans believe that their personal security is enhanced by being armed, there really is nothing to be said in favor of restrictive carry laws. On the other hand, banning “assault weapons,” whatever those are, is purely a feel-good measure that does no good whatsoever. This is hardly surprising, as only a tiny number of murders are committed with rifles of any kind.

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15. Tips: when stopped by police and carrying a firearm [VIDEO]
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Member Gil Sanderson sent this video:

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From youtube.com: http://tinyurl.com/p9qapkv

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16. Using network analysis to understand gun violence [VIDEO]
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This was VERY interesting. Definitely worth watching. Confirms much of what I’ve noticed in the real world about violence in society.

Member Otto Burgess emailed this video:

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From youtube.com: http://tinyurl.com/k2ykx52

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17. Mark Witaschek tax investigation follows D.C. conviction for muzzleloader bullet ammunition
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Member Mark Colleluori emailed me this:

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From washingtontimes.com: http://tinyurl.com/o2ahdag

Mark Witaschek tax investigation follows D.C. conviction for muzzleloader bullet ammunition
by Emily Miller
April 9, 2014

The District of Columbia has spent almost two years persecuting a good man because they wrongly thought he had guns in the city.

It wasn’t enough to prosecute Mark Witaschek for having one shotgun shell and a box of muzzleloader bullets. After a three-month trial that ended in a conviction, the city started an investigation into the businessman’s taxes.

This abuse of power must end.

On the word of a bitter ex, the police searched Mr. Witaschek’s Georgetown home twice in 2012 looking for guns. They never found the bounty of firearms since Mr. Witaschek, a hunter, keeps his guns at his sister’s home in Virginia.

The D.C. cops went to Sylvia Witaschek’s home in the commonwealth and demanded she show them the guns, but she refused.

The District’s unelected Attorney General Irvin Nathan infamously declined to prosecute NBC’s David Gregory for possession of a “high-capacity” magazine in December 2012, claiming it was not in the interest of public safety.

However, Mr. Nathan refused to drop the ammunitions charges against Mr. Witaschek and instead, sicced two of his prosecutors on the case, which dragged on for 18 months.

On March 26, Mr. Witaschek was convicted by Judge Robert Morin for “attempted unlawful possession of ammunition” for the box of copper and lead pieces that go in an antique-replica muzzleloader gun

The judge did not rule on the shotgun shell, which had misfired at a hunt years ago. The District only allows registered gun owners to possess ammunition.

The nation’s capital did not think giving this man a criminal record was enough. At sentencing, Assistant District Attorney Oritsejemine Trouth asked the judge to demand Mr. Witaschek register as a gun offender with the police within 48 hours.

And they still weren’t done. The day after the trial, an agent from the D.C. Office of Tax and Revenue showed up at Mr. Witaschek’s office.

His employer was given a summons to produce payroll and a multitude of other records for investigators by April 11. No allegations have yet been made in this fishing expedition.

Mr. Witaschek said he filed D.C. taxes and paid up to the due dates required, until he moved to Virginia last year.

I asked Mr. Witaschek why he thought this tax investigation suddenly arose.

“I think the police wanted to confiscate my guns from the beginning. They are really angry that I didn’t comply,” the businessman explained. “They will use whatever government resources they choose to get what they wanted — or make me pay. They already used the U.S. attorney, a grand jury, the D.C. attorney general, and now the Office of Tax and Revenue.”

He added, “I don’t think they’ll stop here. After two years of this, why would they?”

Mr. Witaschek feels he has been wrongly convicted. His attorney, Howard X. McEachern, filed a motion for a new trial on Friday. Mr. McEachern will also appeal the ruling both on the technicality of the charge and his client’s Second Amendment rights.

The basis for a new trial is that muzzleloader bullets are not “ammunition” under the law.

In the court filing, Mr. McEachern points out that muzzleloader firearms are antique replicas and exempt from the registration laws. They are never used in crimes because they can only fire one shot at a time, and it takes a long time to reload.

The lawyer explained that the Knight-brand bullets did not contain the gunpowder or primer present in cartridges used in modern firearms.

At one point during the trial, Judge Morin seemed to be using common sense. He said to the prosecutors, “It would seem somewhat counter intuitive that a replica of a muzzleloader itself would be legal in the District of Columbia, but the ammunition used for those weapons would be illegal.

”Yet when it came to a verdict, the judge made his decision based on the bizarre notion that there could possibly be another use for a piece of cone-shaped copper.

This came from the prosecutor's insistence that there are muzzleloader firearms that could be converted to semi-automatic, which Mr. Witaschek could, in theory, secretly own. He does not.

But even if he did, the government never explained how a piece of metal with no primer or gunpowder would be propelled from a modern rifle.

The judge finally just said, “I’m persuaded that they are bullets. And they look like bullets. They are hollow-point bullets …. They’re not musket balls.”

A new trial could bring back the issue of the single, misfired shotgun shell. Most of the first trial was a debate over the operability of the shell.

Judge Morin clearly did not understand that primer being struck is what would make the shell most likely inoperable. He held up the green shell from evidence, shook it and told the court: “I can’t hear any powder.”

When the government asserted that it would be “dangerous” to open the shell any place other than a “lab,” the judge said he could not determine if it was classified as ammunition.

No matter, operability is irrelevant because shotgun shells and empty casings can only be possessed in the District by residents with registered guns.

Mr. Witaschek’s trials and tribulations have gotten national attention as an example of how government can become tyrannical and destroy a law-abiding person.

The Founding Fathers said the most important reason for the Second Amendment was to prevent a government from accumulating too much power. That is why Mr. Witaschek’s case should scare every American.

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18. Gun owners, you're winning. Here are 3 big victories for open carry
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Member Bill Albritton emailed me this:

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From politix.topix.com: http://tinyurl.com/po2sng6

Gun Owners, You're Winning. Here Are 3 Big Victories for Open Carry
by Mary Noble
April 8, 2014

Tennessee Senate just voted for open carry without a permit.

The state senate voted for a bill allowing Tennesseeans to openly carry any type of gun without a permit. The bill also eliminates other restrictions, for instance, allowing guns to be removed from cars on school property.

A corresponding bill is waiting for a vote in the Tennessee House.

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Kansas voted to nullify all gun laws.

KS lawmakers have voted to nullify all of the state's city and county gun restrictions, meaning that it will be legal to openly carry guns anywhere. Gun buyback programs using tax dollars are also banned.

The NRA has hailed the law as a paradigm for every state in the nation.

The bill will become law if Republican Governor Sam Brownback signs it. If he does, Kansas will have no gun laws at all, since in 2013 the state voted to nullify all federal gun laws.

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Texas is debating open carry for handguns.

Texas lawmakers are considering a bill that would allow people to carry handguns openly in public. In Texas you're already allowed to openly carry long guns without a permit, but handguns can only be carried concealed, and require a permit.

The group Open Carry Texas believes the law has the momentum to get passed this year. They've been staging weekly protests, openly carrying long guns with them so as to acclimatize people to seeing firearms in public: [picture]

Meanwhile Moms Demand Action are speaking out against open carry for handguns, and calling for stronger gun laws to require permits for long guns too.

America's open carry map is changing.

The map below shows that open carry without a permit is not legal in Texas, Kansas, or Tennessee. States colored yellow are "gold star open carry" states, meaning that the state allows open carry with no restrictions, except in certain local areas.

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19. Where will it end? You can't make this stuff up
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EM Kennith Modica emailed me this:

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You can't make this stuff up.

From news.yahoo.com: http://tinyurl.com/ms3f6rn

7th grader’s pencil twirling leads to suspension and psychological evaluation when called ‘gun motions’
By Charlene Sakoda
April 7, 2014 3:37 PM

Glen Meadow Middle School seventh grader, Ethan Chaplin, was recently suspended after, he says, he was simply twirling a pencil in math class. News 12 New Jersey reported that the Vernon Township, New Jersey teenager was twirling a pencil with a pen cap on top when another student yelled, “He’s making gun motions, send him to juvie.” But Ethan denies that interpretation of his actions and said that the student who yelled the comment had been bullying him earlier that day and was just trying to get him in trouble.

Although Ethan explained the bullying situation, he says that administrators ignored his side of the story. The teen was taken to the principal’s office and News 12 notes that, “he was suspended, pending the outcome of a psychological evaluation.

Ethan recounted, “I was shocked because I’m like, how am I not going to come back to school? I didn’t even do anything.” His father, Michael Chaplin agrees saying, "I’m livid. I'm absolutely livid. I think it's gross misconduct at its finest. They took something so minimal and took it so far over the edge."

The Vernon Schools Superintendent, Charles Maranzano, stands by the principal and says she was just doing her job. Their school policy as well as the law requires that administration investigate any situation when a student feels uncomfortable or threatened by another student. Maranzano added, "We never know what's percolating in the mind of children, okay. And when they demonstrate behaviors that raise red flags, we must do our duty."

Infowars spoke to Mr. Chaplin, who explained the five-hour long physical and psychological evaluation that his son endured, possibly for naught. Chaplin told the outlet, “The child was stripped, had to give blood samples (which caused him to pass out) and urine samples for of all things drug testing…Then four hours later a social worker spoke to him for five minutes and cleared him. Then an actual doctor came in and said the state was 100 percent incorrect in their procedure and this would not get him back in school.”

Chaplin said a meeting is scheduled for today to discuss when his son may return to school.

UPDATE April 8, 2014 9:52 AM PDT:
On Monday, Ethan Chaplin returned to school after missing two days. WPIX 11 reports that the Vernon Township School District leadership has stated that Ethan Chaplin was never removed from school. Superintendent Charles Maranzano told the station, “I don’t think any district in New Jersey or America would ever suspend a student for twirling a pencil. That’s ludicrous.” Still, Ethan’s father, Michael Chaplin, is considering pulling his son from the school because of the way the case was handled by the district.

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20. Georgia mayor’s response to Mayors Against Illegal Guns is PRICELESS
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Member Rick Evans emailed me this:

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From gunssavelives.net: http://tinyurl.com/m67ypuy

Georgia Mayor’s Response to Mayors Against Illegal Guns is PRICELESS
by Dan Cannon
April 7, 2014

According to a local report, the mayor of Forest Park, GA, David Lockhart, received a communication from Mayors Against Illegal Guns asking him to join their organization.

Dear Mayor Lockhart,

"I recently invited you to join Mayors Against Illegal Guns, a national bipartisan coalition of mayors from across the country representing more than 68 million Americans to reduce gun violence. I wanted to follow up to ensure that you saw our letter. A member of my team will be in contact with your staff to inquire about whether you plan to join our fast growing coalition of mayors. Additional information on the coalition and instructions for joining are contained in the letter below. If you have any additional questions, please do not hesitate to email me at mayors@maig.org"

Lockhart didn’t just tell them no, he told them Hell No, and gave them the reasons why in the following communication.

I do not support your efforts. I oppose efforts to require private sellers with minimal sales (non-dealers) to perform background checks. I am proud that gun shows are regularly conducted in Forest Park.

If you really want to reduce illegal gun sales, perhaps your energy would be better focused in petitioning the BATF to end its illegal gunwalking. Because of Operation Fast and Furious, Brian Terry was murdered with a weapon sold by our own government.

Your organization claims that the goal is “protecting the rights of Americans to own guns, while fighting to keep criminals from possessing guns illegally,” yet none of your “Coalition Principles” further any such protections. One of the principles is to “keep lethal, military style weapons off our streets.” First, I am awestruck that you would focus on “lethal guns.” It seems that guns’ lethality is the point of their design.

That you believe a gun’s “military style” makes it more lethal is asinine, and however you would define such style does not make guns so designed illegal.Your stated goals–protecting legal ownership and eliminating criminals from illegally possessing guns–are belied by your specific objectives. What you propose would convert what is currently legal possession into criminal behavior. You may have fooled other mayors, and you may have other fools who agree with your actual objectives, but you haven’t fooled me.

That your organization was founded by Michael Bloomberg, who criminalized the sale of sodas of a certain size, is telling. It is impossible to believe such a man is really concerned with the protections afforded by our Constitution.

Boom.

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21. Meet the pistol-packing nurse who helped stop a Detroit mob
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Member Walter Jackson emailed me this:

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From dailymail.co.uk: http://tinyurl.com/mom23af

Meet the pistol-packing nurse who saved white man from a Detroit mob after he accidentally hit a 10-year-old black boy
By Meghan Keneally and Associated Press
April 9, 2014

A nurse with a gun stopped a gang of black men from attacking a white driver in Detroit who had gotten out of his car to help the child he had accidentally hit.

Deborah Hughes saw a gang forming around Steve Utash last week as she peered out her window and knew that there would be trouble.

"Always when I see a crowd like that and stuff like that I put my gun in my jacket pocket and I go to see what's going on," she told MyFoxDetroit.

"I laid over the top of him, I put my arms around him and I said "You are safe. Nobody's going to hurt you no more."

Ms Hughes, a nurse, has been praised by Detroit Police Chief James Craig and thanked by Mr. Utash's family.

She met with his relatives while he remains in critical condition from the injuries he sustained in the April 2 beating.

"I go over there and I say, "Don't nobody else hit him. Don't put your hands on him. Leave him alone!" And everybody backed up and let me go to work on your dad,' she told them, according to WDIV Detroit.

She said he was unconscious and "wasn't doing anything' by the time she got to his side."

"Just her presence, offering aid to this gentleman, may have saved his life," Chief Craig told the station.

Ms Hughes has spoken out on the same day that a fifth man has been arrested for his involvement in attacking the 54-year-old tree trimmer from Clinton Township.

Police have not released the person's name, age or any other details.

Arraignments were Tuesday for 17-year-old Bruce Wimbush Jr., 30-year-old Wonzey Saffold and 24-year-old James Davis.

They're charged with assault with intent to murder and assault with intent to commit great bodily harm.

A 16-year-old boy also faces a hearing Saturday.

Steve Utash's son Joseph previously hinted it might have been a set up to rob his father, perhaps even a hate crime.

"I think it was all a set up from the gate," he told CBS Detroit. 'My dad’s been driving up and down Morang for 15, 16 years working for the same company... they know he has money and they robbed him."

"As far as a hate crime, it might be," he continued. "You go in Detroit and you’re white, you don’t belong."

Police initially said a group of at least six people descended on Utash, a tree-trimmer.

Sgt. Michael Woody said Monday that investigators are "not trying to stick to one specific number", as they receive more tips and other information.

"We wouldn't have been able to get as far as we have without help from the public", Woody said, though he added, "We're not done yet. We're still very much at the beginning stages of this case."

The case has outraged the public, clergy and elected officials. Detroit Mayor Mike Duggan called the attack "senseless."

A prominent black minister, the Rev. Horace Sheffield III, had said Saturday that it was important for community members "to prove that we equally deplore justice and unbridled brutality no matter what color the victim is or of the one committing it."

In Michigan, ethnic intimidation is a felony that carries a possible two-year prison sentence.

Prosecutor Kym Worthy said in a statement Monday that the case is "unbelievably tragic," but declined further comment "because this investigation is continuing and widening."

Security footage from a gas station Harris and friends were standing in front of shows him inexplicably running into oncoming traffic before being mowed down by Utash's vehicle.

Utash, from suburban Roseville, immediately stopped to check on the boy, but several black males from their late teens to their early 20s quickly descend on the scene.

Police quickly ruled the incident an accident.

"It was determined that the driver of the vehicle wouldn't have had any chance of stopping," Moreno explained.

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22. Soldiers want OK to carry concealed weapons on base
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Member David W. Reynolds emailed this:

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This week's ARMY TIMES has a great Letter to the Editor but their ONLINE paper has the below complete article.

From armytimes.com: http://tinyurl.com/kt9hqk3

Soldiers want OK to carry concealed weapons on base.
by Michelle Tan
April 8, 2014

In the wake of last week’s shooting on Fort Hood many soldiers and some lawmakers are calling on the military to reconsider allowing troops to carry concealed weapons on post.

On social media and elsewhere, soldiers have been speaking out about their inability to defend themselves at work.

“It’s the only place that a licensed soldier can’t carry,” said Staff Sgt. Jacob Wiley, who’s assigned to the 708th Contingency Contracting Team at Fort Campbell, Ky. “When you’re deployed,you have your weapon issued to you, and it’s mandatory that you carry it. Then you come back home and you come onto post, and ... the only people are going to have weapons are military police ... and those who don’t care about the law.”

Wiley contends that soldiers are trained to carry and handle weapons.

“I don’t understand why it’s muscle memory downrange but not at home,” he said.

After the 2009 shooting at Fort Hood, Wiley said he and his fellow soldiers had to sit through ineffective active-shooter training.

“It’s ridiculous. All they do is put a Band-Aid on it, check the block,” he said. “The briefing told us to shut the door, turn off the light and hide behind the desk. And do what? Pray that someone with a gun comes to save me?”

A warrant officer, who asked to remain anonymous so he could speak freely, said he believes select soldiers should be allowed to carry weapons on post.

“If somebody is in a trusted position, someone with a security clearance, somebody who’s in charge of making sure a soldier’s welfare is taken care of, they should be carrying some sort of protection so we don’t have to wait 10 to 15 minutes for the police to show up,” said the warrant officer, who’s been in the Army since 2008 and is training to become a helicopter pilot. “That way we’re not forced to either run, which we don’t like to do, or use our bodies to protect somebody else, because that’s our only option right now.”

The warrant officer also said he believes potential shooters may think twice if he knows some soldiers may be carrying a concealed weapon.

“We can’t afford to have a military police officer at every building and every door,” he said.

Eric Chambers, a former Army medic and sergeant, agreed.

“At the very least, allow senior enlisted and company officers to carry handguns,” he said. “This way almost every area and soldier will have protection nearby. If we cannot trust our senior NCOs and officers to protect our troops, then who can we trust?”

Lawmakers are also speaking out.

During a Senate Armed Services Committee hearing Tuesday, Sen. Ted Cruz, R-Texas, asked Army Chief of Staff Gen. Ray Odierno if a hearing to discuss the issue was warranted.

“There’s clearly a difference of opinion on this,” Odierno said. “Our assessment is we probably wouldn’t initially support something like that, but all of this is worth a discussion.”

Odierno’s latest comments echo what he said April 3, also while testifying in front of the SASC.

“We have our military police and others that are armed, and I believe that’s appropriate,” he said in response to a question from South Carolina Sen. Lindsey Graham. “I believe that allows us the level of protection necessary.”

Three soldiers were killed and 16 others wounded April 2 when a fellow soldier opened fire on them with a .45 caliber handgun.

The accused gunman, Spc. Ivan Lopez, killed himself after he was confronted by a military police soldier, officials said.

In a news briefing Monday, officials said Lopez opened fire after an argument. He then left and drove away, shooting at times from his car. The three soldiers who were killed were gunned down in separate locations.

Investigators said Lopez fired more than 35 shots in an eight-minute period.

As of Monday, 11 of the 16 injured soldiers have returned to duty.

A memorial service is scheduled for Wednesday afternoon on Fort Hood. President Obama is expected to attend.

In 2009, 13 people were killed by then-Maj. Nidal Hasan, who had said he was angry about being deployed to Afghanistan and wanted to protect Islamic and Taliban leaders from U.S. troops.

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23. Juan Williams wants a gun-free America because of Fort Hood
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From breitbart.com: http://tinyurl.com/my2osxf

Juan Williams Wants a Gun-Free America Because of Fort Hood
by AWR Hawkins
April 6, 2014

On April 5th, appearing on Fox Business Network's Cashin' In, Juan Williams reacted to Army Spc. Ivan Lopez's heinous crime at Fort Hood by saying he wants "America to be a gun-free zone."

Host Eric Bolling opened the segment by listing people with mental problems who have gone on killing sprees during the last two years--including Lopez on April 2nd.

He then asked Jonathan Hoenig to comment on this situation. Hoeing said:

Well, Eric, these tragedies don't come about because of the availability of guns but because of the mental health of a couple of real monsters. I mean, no one goes on a killing rampage simply because there's a gun around. They go on it because they're seriously disturbed, seriously deranged people. In fact, I happen to think that more guns--the more widespread availability of guns in movie theaters, on military bases, in schools--could actually stop some of these madmen before they were able to kill as many people as they did.

Bolling turned to Juan Williams and said one of the points Hoenig brought up "is gun-free zones, which are target-rich environments." Bolling then listed the Aurora theater, Sandy Hook Elementary, and Fort Hood as gun-free zones. He asked, "Is it time to stop with the gun-free zones?"

Williams responded, "No, I think we need America to be a gun-free zone ... and I'm amused that you guys are so quick to run away from the easy availability of guns as having some responsibility in all of these tragedies."

On December 4th, Breitbart News reported on a Congressional Research study showing that as the number of firearms in America increased dramatically--from 192 million firearms in 1994 to 310 million firearms in 2009--crime fell sharply. So sharply, in fact, that by 2011, the "firearm-related murder and non-negligent homicide" rate had fallen to less than half of what it was in 1993.

There were far more guns, yet there were far fewer "firearm-related murders.”

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24. Fort Hood survivor pens letter urging guns on bases
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Member Joe McGhee emailed me this:

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From military1.com: http://tinyurl.com/mjar3ml

Fort Hood survivor pens letter urging guns on bases
The soldier said that another massacre is inevitable if things don’t change
by Jessica Chasmar, The Washington Times
April 09, 2014

FORT HOOD, Texas — A soldier who survived the gruesome murders at Fort Hood last week penned a letter to Texas lawmakers on Monday, urging them to prevent another tragedy from happening again by allowing soldiers to carry personal firearms on base.

Mr. Cook described the “utter helplessness” he felt that night when he reached for his belt “for something that wasn’t there.”

The soldier said that another massacre is inevitable if things don’t change.

The full letter, via Facebook:

My letter to Congress, read today at Texas Senate committee on Constitutional Carry. It is now public record.

To my friends, fellow Texans, brothers in arms, members of the committee, and everyone within the sound of my voice, greetings.

My name is First Lieutenant Patrick Cook of the 49th Transportation Battalion, Fort Hood, Texas, and this past Wednesday I found myself trapped in an enclosed room with fourteen of my fellow Soldiers, one of whom was barricading the door against a madman with a .45 pistol when he was fatally shot. Through what I can only describe as a miracle, he somehow found enough strength to continue pushing against that door until the shooter gave up and went elsewhere, at which time he collapsed. Nearly a week later, I can still taste his blood in my mouth from when I and my comrades breathed into his lungs for 20 long minutes while we waited for a response from the authorities. This Soldier’s name was Sergeant First Class Daniel Ferguson, and his sacrifice loaned me the rest of my life to tell this story.

But I write to you today not to memorialize this brave Soldier, nor to tell a war story about how we made the best of a losing situation, but to express the part of that story that some in high positions of power clearly do not want told: I knew this was going to happen. I had been saying for five years that Fort Hood was a tinderbox of another massacre waiting to happen. It had to happen, because our betters failed to learn the obvious lesson of five years ago. Worse yet, I know it will happen again. More will die, more will be wounded, more families will be torn apart, needlessly. It happened again, and will happen again, because Fort Hood is a gun free zone.

When the first shots rang out, my hand reached to my belt for something that wasn’t there. Something that could have put a stop to the bloodshed, could have made it merely an “ugly incident” instead of the horrific massacre that I will surely remember as the darkest twenty minutes of my life. Stripped of my God-given Right to arm myself, the only defensive posture I had left was to lie prostrate on the ground, and wait to die. As the shooter kicked at the door, I remember telling myself, “oh well, this is it.” It is beneath human dignity to experience the utter helplessness I felt that day. I cannot abide the thought that anyone should ever feel that again.

At the point blank range at which this shooting occurred, anyone with an M9 and some basic instruction could have ended the mayhem as quickly as it began. An MP by trade and a CHL holder, I am convinced that concealed weapons would have stopped it, but openly carried side-arms, like the ones carried in a law enforcement capacity, could have prevented it entirely. Instead, many more died because of the fatally misguided restrictions on the carrying of arms, which obviously the madman did not respect.

I shall conclude by restating my warning. This will happen again, and again until we learn the lesson that suppressing the bearing of arms doesn’t prevent horrific crimes, it invites them. To those of you who hold elected office, if you hear nothing else I have told you, hear this: you have the power to stop the next massacre from happening. You have an opportunity to restore the sacred Right to bear arms, which has been either stripped entirely or unjustly relegated to the poor substitute of a probationary, government-issued privilege. For God’s sake, do the right thing.

Thank you for your attention, and good day.

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25. [CA] Gunman opens fire in station, LAPD cop wounded (compare this to Ft. Hood shooting)
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Big difference from a bad guy opening fire on a gun-free military base:

From policeone.com: http://tinyurl.com/m425c7u

Gunman opens fire in station, LAPD cop wounded
A gunman walked into a Los Angeles Police Department station lobby Monday night and opened fire, wounding one officer in an exchange of gunfire
by Christopher Weber, Associated Press
April 8, 2014

LOS ANGELES — Weapons and ammunition were found in the car and home of the man who opened fire with a handgun inside a Los Angeles police station, hitting one officer several times before he was wounded in the ensuing gunbattle, authorities said.

It's unclear why the suspect brought only a Glock pistol into the lobby of the West Traffic Division station, and left an AK-47 behind in the car, Chief Charlie Beck said Tuesday during a meeting of the Police Commission.

The gunman said "I have a complaint" before he began shooting at the officers Monday night, Commander Andrew Smith said. Despite one of them being wounded, both officers were able to return fire, hitting the suspect several times.

The officer who was struck, a 7-year veteran, was hospitalized in good condition with injuries including a bullet wound to the shoulder. Authorities originally said his bulletproof vest took most of the gunfire, but Officer Rosario Herrera said Tuesday that he was not wearing a vest.

The officer believes his life was saved when one of the rounds struck his holstered backup pistol, Beck said.

Police Commission President Steve Soboroff said the officer was in good spirits Tuesday morning, chatting with visitors.

"He's got a big smile on his face," Soboroff said. "And his mom was there and she had a big smile on her face, and tears in her eyes."

The officer's name was not immediately released.

The suspect, identified by police as 29-year-old Daniel C. Yealu, was in critical condition.

Officers serving a search warrant at Yealu's west Los Angeles home turned up ammunition and several weapons including two assault rifles, a shotgun and two handguns, said Smith.

Yealu had a license to work as a security guard starting in 2005 and a license to carry a firearm starting in 2007, records showed.

Authorities said the shootout began about 8 p.m. after the gunman entered the lobby and approached the two officers who were working at the front desk.

Police shut down a busy street near the station immediately after the shooting, clearing a path for ambulances.

It remained closed well into the night as police investigated, at one point calling in a bomb squad to check out the gunman's car, which was parked nearby. An AK-47 and ammunition was found in the car, Smith said. It was eventually cleared by the bomb squad and impounded.

Police said they knew of no motive for the shooting, which occurred in the cramped lobby of the station about 7 miles west of downtown. Smith said it was about 25 feet from the lobby's entrance to the front desk.

Several people were gathered in an adjacent room for a neighborhood council meeting when the shots rang out. Nobody else was injured.

Daphne Brogdon, one of the council members, told the Los Angeles Times that when the gunfire began, she dove behind a lectern, trying to shield herself.

"I hid, and everyone else just hit the ground," she said. "Everyone was trying to be really quiet, and the shots continued."

One of her colleagues on the council was next to her.

"We were just holding hands, looking at each other saying, 'Oh, my God. Oh, my God. Oh, my God,'" Brogdon told the newspaper.

The station was also the site of a shooting last June, when a black-clad assailant shot two detectives in the parking lot in a late-night ambush, leaving both with minor injuries.

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26. BREAKING: Hit this poll on Target’s new policy NOW
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Please post on other gun sites. We are down right now:

http://www.msnbc.com/msnbc/poll-do-you- ... rms-policy

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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/]