Napolitano once again says GET A PERMIT!

Hot off the press, from AZCDL:

HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense, was vetoed by the Governor on April 29, 2008. You can read her veto letter here: http://www.azleg.gov/govlettr/48leg/2R/HB2630.pdf

HB 2630 would have reclassified carrying a concealed weapon without a permit as a petty offense, unless the violation occurred in the commission of, or attempted commission of, a "serious offense or violent crime", in which case the CCW offense would have been a class 6 felony, or any other felony offense, in which case it would have remained a class 1 misdemeanor. In a nutshell, if you're a bad guy carrying a concealed weapon, penalties would have been stiffened. If you're a law-abiding citizen, it would have become a petty offense.

Under current law, if you have not been issued a concealed weapons (CCW) permit, it is a class 1 misdemeanor to carry a concealed weapon. Everyone is treated like a criminal. Sadly, because of a couple of 1994 Appellate Court decisions, there is no clear, objective standard in statute that you can rely on to determine if you are violating the law.

In her veto letter on HB 2630, Governor Napolitano says "obtain the required permit." She then says that "people who fail to do so are, by definition, lawbreakers…." She goes on to say that "serious criminals, especially gang members, often carry concealed weapons without permits." Per the Governor, there is no distinction between gang members intentionally breaking the law, and a law-abiding person's attempt to comply with a law clouded by head-scratching court decisions. If your openly carried firearm can't be seen because of the angle that the police officer is looking at you, and you don't have a CCW permit – you are the same as a gang member. If you have a CCW permit, and are sitting near someone in a vehicle that may have access to your firearm – they are the same as gang members. If a newspaper falls over the gun that is sitting on the seat of your vehicle, and you don't have a CCW permit – you are the same as a gang member.

Governor Napolitano says that "…law enforcement officers must have the full array of enforcement options to use against these violators…" In other words, arrest everyone and let the courts sort it out. That sure beats separating the bad guys from the good guys.

Over 98% of Arizona citizens do not have concealed weapons permits, largely because the Arizona Constitution supposedly protects the right to "open carry." Per Governor Napolitano, that's not relevant – you better get a permit if your weapon might ever be considered concealed, or else you're a lawbreaker!

Information on this and other bills can be found at the AzCDL website: http://www.azcdl.org/html/legislation.html

As legislation progresses, we will keep you up to date via these Alerts and at our website.

These alerts are a project of the Arizona Citizens Defense League (AzCDL), an all volunteer, non-profit, non-partisan grassroots organization. Join today!

AzCDL – Protecting Your Freedom
http://www.azcdl.org/html/join_us_.html

Copyright © 2008 Arizona Citizens Defense League, Inc., all rights reserved.

Napolitano had the option in past years (2007 SB 1301) to sign legislation in AZ that would have clarified AZ open carry laws. Clarification that could prevent the current issues of Officers booking people for concealed carry when they were in fact open carrying (ie Officer approached from opposite side & did not see the gun, or open carry while seated in a car) & she vetoed those bills as well with the same snide remark if you want to carry a gun, "get a permit."

Perhaps she has not yet read Article 2, Section 26 of the Arizona Constitution which protects our preexisting right to bear arms: "The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired . . ." Not to mention the 2nd Amendment in our US Bill of Rights which clearly states that our right to keep & bear arms shall not be infringed: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

If she has the nerve to run for any future forms of public office let's all get together & send her a clear message - her vote against our right to bear arms will lead to our vote for her political opponent. She has said many times that she supports gun owners, but her actions speak much louder than her words. As I heard Wayne LaPierre say at the 2007 CPAC about anti gun politicians:

"The NRA has a permanent cure . . . it's a big bitter pill called loosing the next election, and it may be tough to swallow, but take two & don't bother calling us in the morning"

Bloomberg given the BOOT

Excellent news - anti-gun New York Mayor Michael Bloomberg's illegal frivolous lawsuit against the firearms industry has been tossed out of court:

The 2-1 opinion, written by U.S. Appeals Court Judge Robert J. Miner, affirms the constitutionality of the 2005 Lawful Commerce in Arms Act. It overturns a lower court ruling by activist federal judge Jack B. Weinstein, explaining that he should have dismissed the case instead of allowing it to go forward.

“Today’s ruling is clearly a defeat for Michael Bloomberg,” said SAF founder Alan M. Gottlieb. “The law trumps a billionaire’s arrogance and a federal judge’s long standing anti-gun activism. It is time for Bloomberg to grow up, and for Weinstein to step down.

More here.

Update 1: David Hardy provided the link to the full opinion in pdf format:

For the foregoing reasons, the judgment of the District Court denying the Firearms Suppliers’ motion to dismiss based on the claim restricting provisions of the PLCAA is REVERSED. The judgment of the District Court with respect to the constitutionality of the PLCAA is AFFIRMED. The case is remanded to the District Court with instructions to enter judgment dismissing the case as barred by the PLCAA.

Update 2: NRA Press Release and NSSF Press Release

"We think Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the 'lawful design, manufacture, marketing, distribution, importation, or sale' of firearms," noted Judge Robert J. Miner, writing for the Second Circuit Court of Appeals.

Buy a gun with your stimulus check

Many people will be getting their Economic stimulus check this week. Support the gun industry & use your own money that your government kindly let you have back, by using it to go buy a gun or any shooting sports accessory on your wish list. Not that you need an excuse to go buy the next gun on your wish list, but any excuse to go buy a gun is a good excuse in my book. :)

Comment on removal of carry ban in National Parks

For anyone who has not yet taken the time to comment on the proposed National Parks Regulations Changes RIN 1024-AD70 to remove the existing ban on possession of loaded firearms in National Parks be sure to do so before the June 30th expiration of the public comment period. Simply click on the "Add Comments" link which will present you with a comment form.

Open letter to Obama

Cam Edwards has posted an open letter to Obama. H/T to Sebastian.

Not so bitter after all . . .

Contrary to the opinion of Obama that gun owners "cling to their guns" because they are bitter, it turns out that gun owners are happier in general than those who don't own guns. The NRA has the details.

Charles Heller of Liberty Watch Radio has made the following audio available on his recent audio page, definitely worth a listen:

Last Wednesday Robert Levy, lead counsul on the D.C. gun case (http://www.dcguncase.com/) gave an excellent presentation with author Alan Korwin, to a Federalist Society luncheon. Great information right from the source, and excellent Q & A. 85 minutes.

Those against carrying guns should not carry them

Interesting article by Mike S Adams about a Professor against allowing CCW permit holders to carry on campus who lost control of himself while discussing the issue. With tongue in cheek Mike Adams proposed the following, but you need to read his entire article to see how he got there:

. . . I reflected on all the childish name-calling by the professor. It was then I realized that a partial gun ban is necessary. Specifically, I concluded that liberals cannot be allowed to own guns, much less carry them on our college campuses. If they cannot control their emotions enough to engage in rational debate, they cannot be expected to handle a firearm responsibly. Handguns were not made for people with shaking hands and raised voices. They were made for those with self-control . . .

H/T to UA SCCC

AZ: AZCDL Alert - Contact Governor in support of HB 2630

I just received the following e-mail alert form AZCDL:

HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense, passed the Senate Final Read on April 23, 2008, by a vote of 17-10 with 3 Senators not voting. It was transmitted to the Governor on April 24, 2008. HB 2630 passed the House on March 8, 2008 by a vote of 36-24.

HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense, unless the violation occurs in the commission or attempted commission of:

1. A "serious offense or violent crime" in which case the CCW offense is a class 6 felony, or

2. Any other felony, in which case it's a class 1 misdemeanor.

In a nutshell, if you're a bad guy carrying a concealed weapon, penalties have been stiffened. If you're a law-abiding citizen, it's a petty offense.

Under current law, if you have not been issued a concealed weapons (CCW) permit, it is a class 1 misdemeanor for anyone to carry a concealed weapon. Everyone is treated like a hardened criminal. Sadly, because of a couple of 1994 Appellate Court decisions:

There is no clear, objective standard in statute that you can rely on to determine if you are violating the law.

If a casual observer cannot easily see your firearm, you are carrying concealed and could be arrested.

Wearing a gun in a vehicle = concealed carry. Without a permit you are subject to arrest.

Having a CCW permit and wearing a gun in a vehicle puts your non-CCW permit passengers at risk for being arrested for carrying concealed without a permit.

HB 2630 separates the innocent mistake by law-abiding citizens from the actions of hardcore criminals. HB 2630 even adds the "attempted commission of a serious offense" language to the law, to assist law enforcement in arresting the bad guys.
It is VERY important to contact the Governor and urge her to sign HB 2630 into law. You can use your own message, or you can use the cut-and-paste message below. Her email address is azgov@az.gov. You can also call her at 602-542-4331 or 800-253-0883, or fax a letter to her at 602-542-1381.

You can also go to the Governor's website, http://azgovernor.gov/Contact.asp, where you will find a fill-in-the-blanks form to register your opinion. For "subject", scroll down and select "Legislation." For "topic", fill in "HB 2630."

Or you can mail it to her at the following address:

The Honorable Janet Napolitano
Governor of Arizona
1700 West Washington
Phoenix, Arizona 85007

There you have it folks. Governor Napolitano normally veto's legislation like this with snide remarks to the effect of "If you want to carry a gun, get a permit" - it is time we let her know exactly what we think about that.

As for me, I've called, sent an e-mail, used her online form, faxed a letter, and placed a letter in the mail. There is absolutely no way that she will not know exactly how I feel about this legislation. If she once again turns on law abiding gun owners by giving this bill a Veto along with a snide remark, I'll once again vote to turn her out of office come next election, & I'll make sure that every single gun owner in Arizona that I can reach out to will know exactly how she puts into place her so-called "support of gun owners" that she pledged both times she has run for the office.

Senate vote details are here. House vote details are here. Check to see how your representative represented you. If they voted in favor of this bill, be sure to thank them. If they voted against it or chose to not vote at all, let them know what you think of that as well.

Obama prefers dead victims over armed homeowners

As a Chicago State Senator Obama voted twice against a bill that would have "allowed" homeowners to use handguns in defense of their own home & family even in cities that banned handguns, without fear of prosecution for possessing a banned handgun. He voted against it first when it passed the State Senate, then again during the veto override. I guess Obama prefers dead victims over armed homeowners. Obama is no friend of the 2nd Amendment no matter how many statements he makes to the contrary. Wayne LaPierre has the details.

US Soldier charged in Mexico

As I mentioned in a previous post, Mexico doesn't like civilians owning guns. As an update, Spc. Richard Raymond Medina Torres has now been officially charged:

Spc. Richard Raymond Medina Torres was charged by Mexican authorities with smuggling (punishable by five to 30 years in prison); weapons importation (punishable by three to 10 years in prison); and possession of ammunition reserved for the military (punishable by two to six years in prison), said Angel Torres, spokesman for the Mexican Attorney General.

Medina Torres was transferred to the Cereso prison around noon Wednesday.

Torres said Medina Torres' case is now in the hands of a federal judge who has 72 hours to decide whether to free him or sentence him to prison time.

The Mexico Cereso Federal Prison is a dangerous place well known to have rival gangs, drug trafficking, and hidden weapons (see here & here). All he wanted to do was park in the US & walk over to Mexico to have some breakfast, but ended up in the wrong lane:

Medina Torres has said he was trying to park in the United States and walk into Mexico to eat breakfast when he got lost and found himself at the Bridge of the Americas checkpoint on the Mexican side.

Mexican federal police stopped Medina Torres as he was trying to make a U-turn to re-enter the United States and asked him whether he was carrying weapons. The soldier said he turned over his semiautomatic AR-15 rifle, a .45-caliber handgun, ammunition for both weapons and some knives.

Unbelievable.

Tom Crowley, a spokesman with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives Dallas division, said agents were able to speak with Medina Torres and photograph the weapons.

"We traced the firearms, and there's no indication of fire arms trafficking," Crowley said.

The weapons were purchased by Medina Torres years ago, and no evidence of recent multiple weapons purchases was found, Crowley said.

More here. Also see video.

Update 1: To read updates on this visit the ReleaseRichard.com site.

Chicago - proposing a placebo to reduce murder

Excellent write up by Steve Chapman describing a proposed sugar pill placebo that won't even have a placebo effect on the Chicago murder rate. Chicago Police Supt. Jody Weis wants to ban a type of gun (semi-automatic so-called "assault weapons") which have only used for one of the of the 87 known Chicago homicides so far this year as of the end of March. Jody Weis must have forgotten that criminals are not allowed to own any type of gun, so adding yet another gun ban would have absolutely zero impact on criminals. Once again the law abiding citizens would be the only group impacted by such a ban. To reduce crime Chicago should focus on keeping criminals behind bars rather than punishing the law abiding citizens. Punish the criminal, not the gun, and not the law abiding gun owner.

Not unlike Canada, Mexico doesn't want you to bear arms

One thing Mexico & Canada have in common - they don't want anyone visiting to be bearing arms for their own self defense. Even if you only entered the country by mistake (US Soldier Spc. Richard Raymond Medina Torres now in Mexico Jail). How dare you be prepared to defend yourself or your family from any threat that could present itself.

The US allows Canadian Residents to enter our country bearing arms (with a non-resident CCW permit, such as those issued by Utah), but if we go visit Canada we can only bring long rifles or shotguns that are unloaded & locked up. You can apply for a permit to bring a pistol into Canada, but you have to fill out paperwork & get approval ahead of time. If approved, you still have to keep it unloaded & locked up. Useful for hunting, but not so useful for self defense (Excuse me Mr. Criminal, please allow me a few minutes to uncase & load my gun). In Mexico, no guns allowed at all. The only folks in Mexico with guns are the Police, Military, Criminals, and Drug traffickers, although at times it can be difficult to differentiate who is who.

Another good reason to buy a black rifle

There are many excellent reasons to own a semi-auto AR-15 or other black rifle such as a semi-auto version of the AK-47. Most importantly is the fact that they are fun to shoot. Another is that both Hillary & Obama want to place bans on either manufacturing or selling them (reintroduction of so-called assault weapons ban). Additionally they are excellent for home defense.

Last night we were all given one additional reason to go buy a black rifle if you don't already own one. Ability to fend off large numbers of alien invaders, in the unlikely event that they were to invade. If green aliens landed in your back yard would you rather fend them off with your 7 to 10 round .45 handgun with a few spare mags, or your 30 round AR-15 with a few spare mags? 4*7=28 rounds, 4*30=120 rounds.

Would you rather be able to fend off 28 green aliens before your spare mags are empty, or 120? I'm not saying I think little green aliens are coming, but if they were to come, I'd want to have a good defensive weapon in my possession, as there would not be time to go buy one after they break down the back door.

SCCC Empty Holster Protest this week

This week you may notice some students walking around Colleges & Universities in Arizona and other States wearing an empty holster in protest of so-called "Gun Free Zones" which prohibit adults 21 & older who have gone through the process of obtaining a CCW permit from being able to carry a gun for their own self defense while in those so-called "Gun Free Zones". I say so-called because it has been proven time & time again that only the innocent victims are disarmed by such disgusting unconstitutional policies that force law abiding citizens to be disarmed & defenseless while inside of them. The rapists, criminals, & mentally unstable are not disarmed by "Gun Free Zone" policies, but they do take advantage of them when deciding where they can best find large numbers of defenseless victims. As of today, there are over 28,000 members of Students for Concealed Carry on Campus (SCCC) across the United States, and the number of members is growing daily.

Below is an ABC story on a group of SCCC members who are attending Virginia Tech that does at least present the unaltered viewpoints of the SCCC members, even though the the story does manage to throw in quite a few anti gun buzz phrases such as "Gun Violence" (rather than "Criminal Violence"), and "Armed to the Teeth," rather than "Armed with 2 guns."

Definitely worth watching:


I have not yet seen any stories in the mainstream media about the empty holster protest taking place this week in Arizona, but below are just a few of the stories about the Empty Holster Protest going on in other States:

• North Carolina & here
  
• Virginia
• Kansas
• Nebraska
• Illinois & here
  
• Texas
• Idaho
• New Hampshire & Keene
  
• Pennsylvania (H/T to Sebastian)
• Ohio
• Arizona
• Colorado

Update 1: The UA SCCC Campus Leader Interview by Nicole Santa Cruz of the Daily Wildcat was released today, discussing this weeks Empty Holster Protest & Students for Concealed Carry on Campus (SCCC). H/T to The Arizona Rifleman who tipped me off that the article would be coming out today.

Don't honk at an illegal alien

The press has been reporting on 3 so-called "road rage" shooting incidents that all took place within a 1 block radius of the McDowell & 43rd Ave intersection in Phoenix over this past weekend. What they are not reporting is the fact that they have not yet captured any of the shooters, 3 of which are listed as being a "Hispanic male." Also not reported was the fact that the events happened in a high crime area known to have gang activity, and the shooters were likely criminals, even before they committed these illegal shootings.

Since we don't yet know who they are, I can't say for certain that any of the shooters are illegal aliens, but I can say that it is nearly certain that they are criminals & that they are involved in gangs (based on the fact that they opened fire at another vehicle while they were not in fear of their lives - only criminals do that). Long story short, don't honk your horn or engage in "road rage" activity with illegal aliens, especially if they happen to be gang members. Of course it's a good idea to avoid road rage in any case, but this is just an extra reason for caution. Here are the details from the 3 incidents:

1st) This shooting happened on Saturday night (4/19). Police say the shooters car is white and was driven by a black female. Another black female was in the passengers seat. The shooter, a hispanic male, was in the backseat.

2nd) This shooting happened early Sunday morning (4/20). The suspect's vehicle is a late 90's black GMC Yukon or Chevy Tahoe. Police say both suspects are Hispanic men.

3rd) This shooting happened on Sunday afternoon (4/20). Police say the suspect's vehicle is a gold Chevy Silverado with vanity or specialty plates. (No description of Suspect given)

Update 1: Just for clarification, please don't take this post to mean that I think all Hispanics are illegal aliens. I am 100% in favor of legal immigration & lawful Hispanic citizens who are wonderful people. I'm only against illegal immigration by any race, and I'm against criminals & gang members of any race. I only posted this because I felt the media did all lawful gun owners a disservice by playing these three so-called "road rage" shootings as being between law abiding citizens who lost control of their tempers and started shooting at each other, when in fact the shooters were likely criminals long before they shot at their intended victims this past weekend.

Obama endorsed by anti-gun AHSA

What better proof can you get that Obama is the most anti-gun candidate on the Democrat side of the equation than for the most anti-gun organization out there (other than perhaps the Brady Campaign or Violence Policy Center) to give him an endorsement over Clinton? The so-called American Hunters & Shooters Association (AHSA), a fake front group run by strong anti-gun folks to endorse anti-gun candidates who want to pretend that they are pro-hunting while being against guns (I guess they only like the bow & arrow?), has given Obama their endorsement. The NRA has the details:

"Pro-Gun" Group Endorses Most Anti-Gun Candidate
Friday, April 18, 2008

As this unusual campaign season has unfolded, we’ve seen the candidates ratcheting up their politically expedient rhetoric in an attempt to distinguish themselves as the “candidate of choice” for every constituency, while testing the far reaches of credibility in the process. We’ve heard blatantly anti-gun politicians claim to be supportive of the Second Amendment. We’ve seen hypocrisy, and we’ve heard double-speak and insults to our intelligence.

When it comes to campaign rhetoric on the Second Amendment, we’ve seen a change in the way many anti-gun politicians campaign. Rather than talk openly about their desire to ban guns, register gun owners, and regulate firearms sales, anti-gun politicians talk about their “support” for sportsmen. Rather than admit they oppose the individual right protected by the Second Amendment, they claim they “support firearm ownership for hunting.”

This is all an effort to mislead and divide the gun owning community and to dilute gun owners’ political impact. To achieve their goals new organizations have been formed, with names designed to confuse gun owners and hide their real agenda. The American Hunters and Shooters Association (AHSA) is one of those groups.

As we’ve reported in the past, AHSA was created to provide political cover for anti-gun politicians by allowing them to claim support from a “sportsmen’s” group. In truth, the anti-gun credentials of AHSA’s leadership is well documented. For instance, AHSA president Ray Schoenke has a long history of giving political donations to some of the nations most anti-gun politicians, including Al Gore, John Kerry, Barbara Boxer, Bill Clinton, Dianne Feinstein, and Ted Kennedy. In 2000, Schoenke donated $5,000 to Handgun Control, Inc. (now the Brady Campaign) and the Ray and Holly Schoenke Foundation also made donations to the Brady Campaign. AHSA Board member John Rosenthal remains the leader of Stop Handgun Violence, a Massachusetts anti-gun group. And one of the leading organizers of AHSA is Bob Ricker, who has served as a paid expert witness against gun manufacturers in a number of reckless lawsuits. And that’s just the tip of the iceberg.

In keeping with their “pro-gun” stance, this week, AHSA did the last thing one would expect of a pro-gun group—they endorsed Democratic hopeful Barack Obama for President!

In a statement on the AHSA website titled “Obama: He ‘gets it,’” Schoenke announced the endorsement, saying that Senator Obama’s voting record has clearly demonstrated his commitment to the Second Amendment! Are you kidding? Obama’s hostility toward the Second Amendment is so well known and well documented that in the 2004 elections, NRA’s Political Victory Fund (NRA-PVF) issued Obama a well-deserved “F” grade. Obama is anti-gun. Period. And no amount of sugar coating or spin by AHSA will change that fact.

The AHSA statement closes with the line, “Senator Obama will be a strong and authentic voice for America’s hunters and shooters and it is with great pleasure that we endorse his candidacy.” While typical of the rhetoric coming out of AHSA, that line is nothing less than ridiculous.
AHSA would be more correctly called the “American Association for the Protection of Anti-Gun Politicians.” No gun owner or sportsman should take the group seriously or fall prey to its carefully crafted lies and deceptions, as clearly demonstrated by their endorsement of Barack Obama.

Copyright 2008, National Rifle Association of America, Institute for Legislative Action.
This may be reproduced. It may not be reproduced for commercial purposes.
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Sebastian has more.

Philadelphia: Mayor Nutter is Nutty

Pennsylvania has a State preemption law that mandates that only the State can regulate guns. In spite of that, and against the recommendation of his own DA (Philadelphia District Attorney Lynne Abraham), the nutty Mayor Nutter ignored her counsel & signed into law 5 illegal gun laws that his own DA is now refusing to enforce.

"If there are wholesale arrests which turn out to be illegal, this city is going to get its pants sued off them," Abraham said.

The NRA has is working with gun rights groups in Pennsylvania to begin a court battle over this issue. They are currently in process of filing a restraining order against the city to prevent them from enforcing the new illegal laws until the legal battle is over.

Sebastian explains why Nuttty Nutter is not yet in Jail.

Update 1: NRA motion for Injunction has been granted. H/T to Sebastian. Here is the NRA press release revealing same:

“. . . On behalf of the hundreds of thousands of NRA members in Pennsylvania who are frustrated by Philadelphia’s mayor and city council, we are pleased with today’s ruling,” said Chris W. Cox, NRA’s chief lobbyist. “Philadelphia’s politicians have made it clear they care nothing for the rule of law or the state's constitution. They are going to have to learn, one way or another, that state law applies to them, too.”

A hearing on the permanent injunction is scheduled for April 28th.

Alan Korwin Eyewitness Report on Gun-Control Symposium

This is a must read eyewitness report on Alan Korwin's valiant attempt to voice the other side of the issue while heavily outnumbered by anti gun folks.

CSPAN has the archive video, but you'll want to skip most of the other speeches so that your head doesn't explode from all the irrational emotional based arguments drawing invalid conclusions by the anti rights speakers. Alan's introduction begins at the 56 minute, 50 second mark of the 2nd clip labeled 200525-1-0-0-1. If you prefer you can also just listen to the mp3 audio of the Alan Korwin speech.