Obama and the Attempt to Destroy the Second Amendment

As a presidential candidate, Barack Obama must demonstrate executive experience, but he remains strangely silent about his eight years (1994-2002) as a director of the Joyce Foundation, a billion dollar tax-exempt organization. He has one obvious reason: during his time as director, Joyce Foundation spent millions creating and supporting anti-gun organizations.

There is another, less known, reason. During Obama's tenure, the Joyce Foundation board planned and implemented a program targeting the Supreme Court. The work began five years into Obama's directorship, when the Foundation had experience in turning its millions into anti-gun "grassroots" organizations, but none at converting cash into legal scholarship. The plan's objective was bold: the judicial obliteration of the Second Amendment.

Joyce's directors found a vulnerable point. When judges cannot rely upon past decisions, they sometimes turn to law review articles. Law reviews are impartial, and famed for meticulous cite-checking. They are also produced on a shoestring. Authors of articles receive no compensation; editors are law students who work for a tiny stipend.

In 1999, midway through Obama's tenure, the Joyce board voted to grant the Chicago-Kent Law Review $84,000, a staggering sum by law review standards. The Review promptly published an issue in which all articles attacked the individual right view of the Second Amendment.

In a breach of law review custom, Chicago-Kent let an "outsider" serve as editor; he was Carl Bogus, a faculty member of a different law school. Bogus had a unique distinction: he had been a director of Handgun Control Inc. (today's Brady Campaign), and was on the advisory board of the Joyce-funded Violence Policy Center.

Bogus solicited only articles hostile to the individual right view of the Second Amendment, offering authors $5,000 each. But word leaked out, and Prof. Randy Barnett of Boston University volunteered to write in defense of the individual right to arms. Bogus refused to allow him to write for the review, later explaining that "sometimes a more balanced debate is best served by an unbalanced symposium." Prof. James Lindgren, a former Chicago-Kent faculty member, remembers that when Barnett sought an explanation he "was given conflicting reasons, but the opposition of the Joyce Foundation was one that surfaced at some time." Joyce had bought a veto power over the review's content.

Joyce Foundation apparently believed it held this power over the entire university. Glenn Reynolds later recalled that when he and two other professors were scheduled to discuss the Second Amendment on campus, Joyce's staffers "objected strenuously" to their being allowed to speak, protesting that Joyce Foundation was being cheated by an "`agenda of balance' that was inconsistent with the Symposium's purpose." Joyce next bought up an issue of Fordham Law Review.

The plan worked smoothly. One court, in the course of ruling that there was no individual right to arms, cited the Chicago-Kent articles eight times. Then, in 2001, a federal Court of Appeals in Texas determined that the Second Amendment was an individual right.

The Joyce Foundation board (which still included Obama) responded by expanding its attack on the Second Amendment. Its next move came when Ohio State University announced it was establishing the "Second Amendment Research Center" as a thinktank headed by anti-individual-right historian Saul Cornell. Joyce put up no less than $400,000 to bankroll its creation. The grant was awarded at the board's December 2002 meeting, Obama's last function as a Joyce director. In reporting the grant, the OSU magazine Making History made clear that the purpose was to influence a future Supreme Court case:

"The effort is timely: a series of test cases - based on a new wave of scholarship, a recent decision by a federal Court of Appeals in Texas, and a revised Justice Department policy-are working their way through the courts. The litigants challenge the courts' traditional reading of the Second Amendment as a protection of the states' right to organize militia, asserting that the Amendment confers a much broader right for individuals to own guns. The United States Supreme Court is likely to resolve the debate within the next three to five years."

The Center proceeded to generate articles denying the individual right to arms. The OSU connection also gave Joyce an academic money laundry. When it decided to buy an issue of the Stanford Law and Policy Review, it had a cover. Joyce handed OSU $125,000 for that purpose; all the law review editors knew was that OSU's Foundation granted them that breathtaking sum, and a helpful Prof. Cornell volunteered to organize the issue. (The review was later sufficiently embarassed to publish an open letter on the affair).

The Joyce directorate's plan almost succeeded. The individual rights view won out in the Heller Supreme Court appeal, but only by 5-4. The four dissenters were persuaded in part by Joyce-funded writings, down to relying on an article which misled them on critical historical documents.

Having lost that fight, Obama now claims he always held the individual rights view of the Second Amendment, and that he "respects the constitutional rights of Americans to bear arms." But as a Joyce director, Obama was involved in a wealthy foundation's attempt to manipulate the Supreme Court, buy legal scholarship, and obliterate the individual right to arms.

Voters who value the Constitution should ask whether someone who was party to that plan should be nominating future Supreme Court justices.

Source




FL: Teen shot home invader in 'self-defense': "Early Thursday morning, before 5:30 AM, residents in one Vero Beach neighborhood awoke to the sound of gun fire and deputies outside their homes. Deputies were investigating an apparent home invasion near the intersection of 47th Avenue and 1st Street SW. They say 25-year old Thomas "T.C." Thompson broke in through the front window of a home there. He was armed with two knives. A mother and her two sons were inside. "The female resident woke up with him standing at the foot of the bed with a knife in his hand. She screamed," said Detective Chris Cassinari, who is investigating the case for the Indian River County Sheriff's Office. When he saw the intruder, deputies say one of the sons, a 19-year old, picked up a shotgun and fired - killing Thompson on the spot. Friends say Thompson was having money troubles. Just last week he and his girlfriend were arrested for stealing copper wire from a Home Depot, which they planned to sell for scrap.... "Yes, everything in this case at this point - it was self-defense," said Detective Cassinari."

Two shot in S. Philadelphia home invasion: "Philadelphia police are investigating a home invasion that ended with a double shooting. Police sources tell Action News the two shot were the teenagers committing the home invasion. Those sources say it all happened around 4:30 a.m. when a 19 year old man and a 15 year old boy broke into the front door of a home in the 1700 block of Pierce Street. Police say a resident inside the home pulled out a gun and began firing at the two teenagers, striking them both. The 19 year old male was shot in the abdomen and is in critical condition at the Hospital of the University of Pennsylvania. The 15 year old male teenager is in stable condition at HUP. No word yet on any charges as police investigate."


Georgia good neighbour shoots robbers: "A third man involved in an alleged home invasion Saturday night remained at Colquitt Regional Medical Center with a gunshot wound Tuesday. Moultrie Police Investigator Lt. Alfonzo Cook said Calvin Tyrone Suggs, of 1515 Fourth Ave. N.E., Apt. L-7, was shot once in the back. A Colquitt Regional spokesman did not release his condition. Apondrea Coneil Marshall Jr., 18, of 2771 Fifth St. S.E., Apt. 7, and Darnell Slaughter III, 21, of 502 Ninth St. S.W., were each charged with criminal attempt to commit armed robbery. Marshall was also charged on an unrelated making harassing phone calls warrant. Cook said Suggs would also face criminal attempt to commit armed robbery charges once he is released from Colquitt Regional. An officer was called to Pineland Apartments on 26th Avenue Southeast at 9:44 p.m. Saturday. Cook said Ivan Hightower reported he heard noises outside his apartment and saw Marshall, Slaughter and Suggs allegedly tried to get in. Hightower told officers he pulled his own gun after seeing one of the men carrying one, and Cook said he fired shots at the would-be robbers. Suggs was shot once in the back, and Slaughter suffered three wounds to his buttocks and arm. As of Tuesday morning, Cook said no charges will be filed against Hightower from the alleged incident."


CA: Off-duty Santa Ana officer shoots suspected robber: "A man was in critical condition today after an off-duty Santa Ana police officer shot him in self-defense after seeing him rob a 7-Eleven convenience store and confronting him, police said. At about 12:50 p.m. the officer parked in front of a 7-Eleven at 17th and Flower streets saw a man "pull a hood over his face and arm himself with a handgun" before entering the store, said Cpl. Jose Gonzalez of the Santa Ana Police Department. "The officer stayed outside the store during what he believed was a robbery and called in the incident to dispatch," Gonzalez said. The officer then followed the man to a house on the 1400 block of North Flower Street, where he identified himself. The man then ran up the driveway grabbing his waistband, Gonzalez said, at which point, "the officer, fearing for his safety, fired multiple shots, striking him in the upper torso." The man was taken to a hospital, where he remained in critical but stable condition, Gonzalez said. "Thankfully the officer was uninjured, and the Orange County district attorney's office along with the Santa Ana Police Department detectives are all on scene to conduct this ongoing investigation," he added."


FL: Home invader caught: "A 24-year-old man who has eluded several attempts by law enforcement officials to arrest him on a warrant for an armed home invasion in July was picked up by sheriff's deputies Wednesday. According to sheriff's officials, Derrick K. Langley of Belleview went to Ocala Regional Medical Center earlier this week to be treated for a broken arm. He checked in under the name Darren Landley. Receiving a tip he was at the facility, officials waited until he was being released before arresting him. Langley, who is now in the jail infirmary, has a sling on his left arm in his booking photo. Langley was charged with armed home invasion and resisting without violence. In his report, Detective Art King stated that Langley and Aaron Beardsley, 25, entered a couple's home via the back door July 9 with the intent of robbing the occupants. Michael Nash, 27, a resident in the home, said he saw the men in the living room and that they fought with him until his girlfriend, Jennifer Hunley, heard the commotion and entered the room. Hunley told Langley, who had a nail gun, and Beardsley, who had a handgun, to stop beating on Nash. When they refused, she went into her bedroom, got a revolver, returned to the room and fired a warning shot in the air. Langley ran out the back, while his alleged accomplice fired a shot at Hunley, the report notes. Hunley returned fire, but none hit Beardsley, who ran away."

Man who shot stepson during home invasion released : " A Battle Creek man who allegedly shot and killed his stepson Monday night has been released from custody as the police investigation continues.... Darlene Prado told officers that Keck had called the house earlier, threatening the family, and when he arrived kicked in the side door of the house. She told officers her husband took her and his daughter into the bedroom and pushed a dresser against the inside of the door. Gary Prado warned Keck that he had a gun, Detective Sgt. Todd Madsen said, and apparently fired a warning shot as Keck tried to force his way into the bedroom. As Keck pushed open the door, Prado fired from a few feet away.


Tennessee Homeowner Holds Shotgun On Thief: "Police said a Riverview homeowner found a thief in his car in his carport and held him at bay with a shotgun. Lewis Card of Edgewood Circle said he heard his driveway alarm going off. He said he grabbed his shotgun and hurried outside. Mr. Card said he spotted a black male inside his vehicle. He said he held the shotgun on the intruder and ordered him outside the car. Then he directed him to lie down. The homeowner said the man told him he was just after some change. Then he patted his pocket, causing the change to jingle. He asked Mr. Card not to call police, saying he "didn't want to go back to jail." With the shotgun still trained on him, he handed over his Tennessee ID card. Mr. Card said it appeared to be his correct card. The man ran off after asking again that police not be called. Mr. Card turned over the man's ID card to officers. A warrant was taken out charging Corey Cortez Abernathy with theft under $500."


Police Say Teen Shootings Was Home Invasion: "Authorities said Saturday morning that an incident in which a 16-year-old was shot to death and another was critically injured actually happened in Ooltewah and not in Brainerd as the surviving victim initially said. Authorities also said the two victims were shot after they and a third person burst into a trailer at 3933 Pattentown Road. They said 22-year-old James Bryan Miller has been charged as the shooter. He is facing a count of criminal homicide. Dusty Stokes of the Hamilton County Sheriff's office said Miller "made no attempt to notify police, summon medical aid, or report the incident to authorities. That leads us to believe that something else was going on in this case.... "Several witnesses were located who had been present inside the residence when the shooting took place. One of the occupants inside the residence was the defendant James Bryan Miller. "Shortly after midnight three subjects forcibly entered the residence with face coverings and armed with a long barreled type weapon. Once entry was made the defendant produced a weapon and began firing multiple shots toward the armed subjects, striking two of the individuals. "The subjects fled the scene and later showed up at East Ridge Hospital, where one of the subjects identified as Issac Robinson died from multiple gunshot wounds. "An additional subject identified as Michael Shadden also suffered gunshot wounds to his back and was hospitalized."


SC: Granny Get Your Glock - More citizens apply for gun permits: "These days, a lot of law-abiding folks who never had much interest in gun ownership are rethinking self-defense. Sawyer's class was an eclectic mix of talents from first-time shooters -- well into their AARP years - to experienced hunters and military veterans, fluent with weapons. Some of the women looked like they'd be more comfortable at choir practice than shooting targets. But don't let bifocals and sweet manners fool you. "Before I'd let a punk hurt me, I'd blow him up and sleep good tonight," Sawyer told the students assembled at Calvary Baptist Church in Aynor for the all-day course. "I aint afraid of King Kong, as long as I've got my Glock." Lorene Wright, 61, was among the first-time shooters. She borrowed a friend's gun for the class but will probably buy a weapon for protection once her permit comes through. "I like to walk. It isn't safe, even walking with a dog," said Wright, who processes loans at Horry County State Bank. "I'm a Christian and I feel like the Lord's my greatest protector, but I think we've got to use common sense in the world we live in, so I want to be legal."

North Carolina robbery suspect shot, killed: "A suspect was shot and killed during a robbery attempt near NC State Thursday night. Eyewitnesses say a local store owner opened fire as he was being held up around 9 p.m. The incident happened at Tienda Hispana on Western Boulevard near Clanton Street. A portion of the road was blocked off as police cleared the scene. Jose Jimenez, the owner's nephew, says his uncle shot a suspect trying to rob his store and two other suspects fled the scene. According to the owner, he observed three Hispanic males enter the store. He said they appeared suspicious so he watched them closely. A female employee was also in the store at the time, but there were no customers. At least two of the suspects had guns and one of them pointed a handgun towards the clerk. The clerk and one of the suspects fired at least one shot each. One suspect was struck and died at the scene. Raleigh Police say the incident is a death investigation and are looking for the other suspects."


Ohio homeowners take guns off black invaders: "An Akron homeowner turned the tables on two home invaders who broke into his house with guns, demanding money. Police said the owner of a home on 2nd Street SW called police at 11 p.m. Thursday to say two men burst in -- armed with a shotgun and a gun -- and demanded money. The resident and a guest scuffled with the intruders and were able to grab the guns away. The two intruders were injured in the scuffle and were taken to local hospitals. No shots were fired. The two suspects were still in the hospital late today with injuries that were not life threatening, police said. Kevin Chambers, and Franklin Rodgers, both 24 and from Akron, each face two counts of aggravated robbery and one count of aggravated burglary when they are released from the hospital. The homeowner was not charged. Police are still investigating, but Lt. Rick Edwards said it appears to be a case of self-defense.


Illinois: 22-year-old shot during alleged break-in charged with burglary: "A 22-year-old Normal man who was shot during an alleged break-in at a Bloomington apartment was charged Wednesday with one count of residential burglary. Joshua A. McGuire appeared in front of Associate Judge Rebecca Foley in a wheelchair on Wednesday afternoon on the residential burglary charge. McGuire was shot three times in the legs after allegedly breaking into a lower-level unit in an apartment house in the 400 block of West Chestnut Street about 10 p.m. Monday, police said. The shooting happened after a 51-year-old resident of an upstairs unit in the building heard loud noises, apparently someone kicking in a door to the downstairs apartment, said police spokesman Duane Moss. Moss said the 51-year-old, carrying a .22 caliber rifle, told police he demanded McGuire lay down on the ground after he saw him exiting the lower-level unit into a building common area. Maguire reportedly refused and reached for his waistband, prompting the man holding the gun to fear he was in danger of being shot, Moss said. Moss said McGuire was shot twice in the left knee and once in the right, but he allegedly fled the scene. The shooter told police he saw that someone had kicked in two doors, an entrance to the building itself and the door to the lower-level unit. No one was home in the lower-level unit when police arrived. Moss said the shooter and the 22-year-old did not know each other prior to the shooting. The shooter has not been charged in the case, Moss said."


Shooter set free in retrial: "An appeals court decision overturning his previous convictions has paid off for 70-year-old James Edward Jones. A Stafford County Circuit Court jury yesterday convicted Jones of unlawful wounding and carrying a concealed weapon. But it gave Jones no prison time and imposed only a $3,000 fine, meaning he will not have to return to prison.... Jones and his neighbor at the time, Michael Finnegan, got into a heated dispute over Finnegan's outdoor activities. They hadn't gotten along for some time. The two agreed to meet at the end of the road to settle the issue physically, according to Finnegan's testimony. Jones then shot Finnegan, now 47, in the stomach with a .40-caliber pistol. Jones has claimed all along that Finnegan was charging at him and he shot in self-defense. Finnegan testified that he was at least 35 feet away when he was shot. While they dispute the details, both men agree that their problems should have never gone so far. "We were two stupid men who acted like kids," Jones said yesterday. "And we both paid a big price." A number of witnesses, including an FBI agent and a doctor, got on the stand yesterday in support of Jones. Most of the witnesses know him from the boxing gym he runs in Falls Church and described Jones as a great friend and encourager."

AL Man shot by his sister : "Sheriff's deputies got a call around lunchtime Tuesday that Cathy Slade was begging for help, frightened by a man who was breaking into her home. That man was her brother. "Upon arrival, they found Thomas Kirkwood laying in the entryway of the kitchen," said Captain Mick Sears with the Jackson County Sheriff's Office. Kirkwood had been shot in the stomach. Captain Mick Sears with the Jackson County Sheriff's Office said the entire ordeal was caught on tape in a 911 call. "According to Miss Slade, while she was on the phone with us, he broke out a window in the garage and made entry into the home," said Sears. Sears says she warned her brother to stay away. When he refused, Slade shot him with a 38-caliber handgun. So, why was Slade afraid of her own brother? Sears says the two had a history of domestic problems. He says their mother just passed away, and Slade is executor of the will which is something that's been a source of contention. "I think he wanted to circumvent the will and unfortunately made illegal entry into the home at the time and got shot for his effort," said Sears. Kirkwood is recovering at Singing River Hospital. So far, Sears believes the shooting was self-defense."


Phila. police: Shooting was self-defense: "City police are still investigating a weekend homicide in South Philadelphia and also have concluded their probe of a fatal shooting in a Southwest Philadelphia neighborhood that they found was in self-defense. In the Southwest Philadelphia killing, a man in his 20s was fatally shot twice in the chest shortly after 1 a.m. yesterday in the 5100 block of Warrington Street near South 52d Street. Police spokeswoman Christine O'Brien said the man and a 17-year-old male accomplice were trying to rob two other men on the street, who shot them, O'Brien said. The teen was shot twice in the left arm and was in custody in stable condition at the Hospital of the University of Pennsylvania last night. Police did not release the identities of the two would-be robbers or of the pair they were trying to rob. O'Brien called the shooting "a justifiable homicide" and said no charges would be filed."


U-M study: Gun shows don't increase homicide, suicide rates: "Gun shows don't contribute to increased homicide or suicide rates, according to results of a study announced Wednesday by the University of Michigan's Gerald R. Ford School of Public Policy. The joint University of Michigan and University of Maryland examination of gun death data in the weeks surrounding more than 3,400 California and Texas gun shows concluded tighter regulation of the flea market-like operations did nothing to reduce firearms-related deaths in the following month. Researchers compared gunshot death data surrounding every known gun show in California and Texas between 1994 and 2004. California has some of the most stringent gun sale rules in the country. Texas is among the least restrictive."


NRA Delivers New Ad in Spanish : "The latest TV ad from the National Rifle Association yokes immigration fears to the gun rights debate by raising the specter of crime by illegals before noting that Barack Obama voted against a 2004 Illinois bill to provide additional legal protections to individuals defending themselves with firearms against home-invading criminals. The ad will air in both English and Spanish on broadcast and cable stations in Colorado, New Mexico and Texas through Election Day. "Families should be able to defend themselves against rapists, drug dealers and other criminals illegally crossing our borders," says Andy Vaquera, who is described in the spot as a retired Texas police officer and NRA member. "But Barack Obama didn't think we should be allowed to use a firearm for self-defense. He even voted to allow the prosecution of people who used firearms to defend their families in their own homes." Vaquera repeats the same script virtually word-for-word in the Spanish commercial. This is the first Spanish ad for the gun rights group this cycle, though the NRA has aired messages in Spanish before."

KY: Woman kills ex boyfriend: "A Hardin County woman shot and killed her ex-boyfriend Monday, but no charges have been filed because the shooter is claiming self-defense.. "She called and reported that this shooting had occurred and she was protecting herself, and we went down there," said Kentucky State Trooper Steve Pavey.Pavey said it happened at a home where Angie Ricketts, the alleged shooter, lives with her husband and children.Pavey said Ricketts called police right after she pulled the trigger, killing her ex-boyfriend, 37-year-old Eric West."He showed up unwanted yesterday and that he allegedly assaulted her and that's what led to all this," Pavey said.West, of Magnolia, Ky., was pronounced dead at the scene. Detectives said Ricketts claims this isn't the first time her ex has caused problems."She is telling investigators that he is the father of a couple of her children and that he has made threats towards her and her family in the past," Pavey said."


Fanatic claim: Useless NY Gun `fingerprints' database still has merit: "Though a more than 7-year-old database of new handguns sold in New York has yet to result in a criminal prosecution, it's still too soon to assess it as ineffective.State Police and others who sought to create the database should recommit themselves to making it a useful law enforcement tool. .The problem has been that of more than 200,000 casings entered into the database, there have been only two hits. .But before scrapping the database as some gun advocates propose, more time on task is needed to give a better assessment of its usefulness.State Police argue that it typically takes from seven to 10 years after a gun is purchased before it's used in a crime. The database was created in March 2001."


Anti gun to pro gun conversion : "I have been anti-gun all my life. When my sons were little, I wouldn't allow them to ever own a toy gun. But events in the past few years have radically changed my views. It starts with September 11, 2001. .The following year my children were again terrorized by the `Beltway Sniper.' The sniper was shooting people in front of their own homes as well as in public places. .The tragedy at Virginia Tech was the final straw. I was not going to be a victim anymore. My children were not going to be victims anymore.I took my first gun safety class, and I got my first concealed carry permit. Some people may be surprized that I have changed. I am surprized that some of them haven't."


Australia: People urged to handover illegal or unwanted firearms : "Victorians holding illegal or unwanted firearms are being urged to hand them to police under amnesty this month.Victorian Police Minister Bob Cameron said today the amnesty provided Victorians an opportunity to surrender weapons to police without facing penalties.'This amnesty is being offered to reduce the overall number of weapons in the community and also help individuals who are unsure about how to properly dispose of firearms.He said the Government had worked to toughen up weapons and firearms laws, including a zero tolerance approach to carrying weapons in or near licensed venues."

Tennessee: Armed Homeowner Confronts Trailer Thieves: "Sheriff's detectives say a Rosemark man held two thieves at gunpoint who tried to steal a utility trailer from his front yard yesterday. Detectives believe the suspects may also be responsible for stealing other utility trailers. About 11:30 yesterday morning, Steven Rutter, 57, who lives in the 8700 block of Rosemark Road in north Shelby County, heard a vehicle slow down in front of his house. Rutter saw a gray Dodge Ram pickup truck back into his front yard. Two men then began hooking up Rutter's utility trailer to the pickup truck. Detectives say Rutter got his pistol and confronted the two men. Initially, Jessie Brown [above], 51, of Munford and Kelvin Nathaniel, 45, of Drummonds, told Rutter a neighbor said they could use the trailer to move some hay. Rutter didn't believe their story and called for Deputies. Moments later, Brown and Nathaniel were taken into custody. Both were charged with Theft of Property. Detectives say the investigation is continuing and the suspects may be responsible for other utility trailer thefts in Shelby and neighboring counties".


VA: Mother fends off robbers with handgun : "Three would-be robbers, one armed with a pair of scissors, walked into a Woodbridge store on Saturday morning with criminal intent. They left empty-handed and apparently more than a little frightened. About 11:30 a.m. the three walked into Tienda Hispana Esperanza. One rushed to the counter and pointed the scissors at the owner's neck and another grabbed her son's arm, the family that owns the store said Monday.But the owner, Esperanza Salazar, 36, reacted immediately.She leaned back and reached for her handgun and pointed it at the three unknown males, the Salazar family said. .. One of the would-be robbers immediately ran out of the store, located on PR Business Center Drive. A second robber, who wielded the scissors, tried to run out of the store but tripped on a clothes rack and fell. He finally crawled out the front door.The third robber paused and sat down in a folding chair, putting his hands in the air. When Esperanza Salazar told her son to call 911, the third man ran for the door and momentarily got tangled in the clothes rack before running out of the store."




Tennessee: Homeowner Shoots And Kills 19-Year-Old In Self-Defense: "Police said a homeowner shot in self-defense when armed suspects tried to rob him overnight. Shortly before 10:30 p.m. Monday, 67-year-old Douglas Dabbs pulled into his driveway on Tobylynn Drive and was getting out of his pickup truck when two armed men came up to him and tried to rob him. The two men were identified as Nibeyu Demissew Yosef [above] and Jermichael Jerome Burgy. Armed with BB guns the two men demanded money from Dabbs. Dabbs said he reached into the console of his truck, retrieved a handgun that fires .410 shotgun rounds and opened fire on the two robbers. Yosef, 19, was wounded and transported by ambulance to Southern Hills Medical Center where he died shortly after arriving. Burgy, 23, took off after the shooting, but police later tracked him down at Southern Hills where he was recovering from a non-critical gunshot wound to the head. Police said that Burgy admitted to being with Yosef during the robbery attempt, so police charged him with attempted aggravated robbery. Police also said that Dabbs does not have a handgun carrying permit, but no charges against the homeowner were anticipated. Burgy has been lodged in lieu of $80,000 bond. A convicted felon, Burgy had previously been found guilty of aggravated assault in 2006 and has been on probation for that offense. Yosef had been issued a total of four state misdemeanor citations in 2007 and 2008 for driving without a valid license."


NJ: Court shoots down law limiting gun purchases : "A state appeals court yesterday struck down a controversial Jersey City law seeking to limit the number of handguns people can buy.Jersey City's law had sought to keep people from buying more than one handgun every 30 days. The unanimous appeals panel said Jersey City exceeded its authority and didn't have a right to enact such a local law because state law already regulates the sale of handguns. Jersey City, via the ordinance at issue, seeks to impose a local standard in a subject matter area that has been rather comprehensively addressed by the state,' wrote Appellate Division Judge Howard Kestin, who was joined by Judges Edwin Stern and Christine Miniman."

Murder charge dismissed in 2007 Fort Worth shooting: "A Fort Worth man accused of killing his former brother-in-law during an argument last year will not be tried for murder. Prosecutors dismissed the murder charge against Brandon T. Conn on Monday, the day his trial in the Aug. 12, 2007, shooting death of Jeffrey Fincher was scheduled to begin. Assistant District Attorney Samuel Williams said he dismissed the case because a key witness changed her story about whether she had warned Conn that Fincher had a gun. Without the witness's testimony, it would have been difficult to counter Conn's self-defense claim, Williams said. "He had a very meritorious case of self- defense," he said. Witnesses told police that Fincher was upset from a previous argument with his ex-wife, Conn's sister, when he came to the home she shared with her new husband and Conn. After the argument escalated, Conn told police that he got a handgun and shot Fincher once in the head because he felt threatened. Police reports showed a history of disputes between Fincher, his ex-wife and her new husband. "We were prepared to present a classic defense - that Mr. Conn acted in self-defense against threats, both verbal and physical, by Mr. Fincher against my client," Heiskell said."


NY gun database has yet to lead to prosecutions : "New York's 7-year-old database of handgun `fingerprints' has yet to lead to a criminal prosecution, and questions linger about its effectiveness. Still, state police remain committed to the database, saying more time and a long-awaited link to a federal ballistics database could bring success. Since March 2001, identifying information about more than 200,000 new pistols and revolvers sold in New York have been entered into the Combined Ballistic Identification System database maintained by state police."


NY: Police checkpoint seeks illegal guns: "Drivers entering the city from the Bronx via First Avenue last night encountered the first police checkpoint searching for illegal guns.Amid flashing lights and flares in the roadway, more than a dozen officers were pulling over every third car to ask for permission to search for guns and check for other crimes such as drunken driving.But the goal for the night was to find guns and stop them from coming into Mount Vernon, a city that's already had seven homicides this year.Mayor Clinton Young said the "bold initiative" sends a strong message to the public that something is being done to stop gun violence." [Nothing useful, though]


SAF applauds Ohio Supreme Court ruling on CCW: "Today's ruling by the Ohio Supreme Court that strikes down a ban on legal concealed carry in public parks was `a proper decision that upholds the state's concealed carry preemption statute,' the Second Amendment Foundation said. Ohio's current concealed carry statute, adopted by the State Legislature in 2006, prohibits local governments from adopting more stringent gun control regulations than the state."

Arizona: Man killed after armed woman with restraining order opens fire: "A man is dead after trying to break into a woman's home and she opened fire on him. According to police the woman had a restraining order against the man although their exact relationship is unclear. Investigators say around 2:30 Sunday morning that man forced his way into the woman's house near 40th Avenue and Thunderbird and she was prepared. A police spokesperson tells 3TV, "The victim basically armed herself and when the suspect broke into the house the victim fired several rounds." Police said the woman will most likely not face any charges. The suspect's identity has not been released.


Texas invaders shot: "One suspect is dead and two others are on the run after a deadly home invasion on Friday night. Houston police report that the armed group pushed their way through the front door of the home on Wycliffe. According to witnessed, the group got into a scuffle with the homeowner's boyfriend, who had a gun. The boyfriend fired shots, killing one of the suspects. Police said robbery was the motive. The authorities do not plan to charge the boyfriend."


Washington State anti-gun fanatics: "When the House of Representatives adopted legislation Wednesday to force the District of Columbia to abide by a U.S. Supreme Court ruling on the Second Amendment earlier this year, five Washington State Democrats turned their backs on their colleagues who supported this important civil rights measure. The Bellevue-based Citizens Committee for the Right to Keep and Bear Arms said Evergreen State voters deserve to know why."


PA: Court throws out lawsuit over Philly gun laws : "Philadelphia officials cannot enact gun laws tougher than Pennsylvania's law, a state appeals court ruled Friday in throwing out city ordinances that included limiting gun purchases to one a month and banning assault weapons. Commonwealth Court dismissed a lawsuit against the Legislature filed by two members of Philadelphia's City Council, Darrell L. Clarke and Donna Reed Miller.The court cited language in several gun ordinances the council passed last year that the measures cannot take effect unless the Legislature were to let municipalities enact stricter laws. That has not happened."

Florida shooting justified : "A Putnam County man walked free Saturday after a jury believed he shot six people in a two-family feud to protect his home from an armed mob. The jury of six women deliberated for one hour before deciding that Baldemar Riojas, 49, was not guilty of the six counts of attempted second-degree murder for which prosecutors wanted him to serve 25 years to life in prison. Riojas fired a .22 caliber rifle at the people on April 10, 2005 when a long-simmering feud erupted at 3:58 a.m., Putnam County sheriff investigators said. Defense attorney Robert Fields of Palatka said the Riojases were awakened that April morning by gunfire and rocks striking their mobile home. A man with a shotgun fired at Riojas as he was trying to reason with him. Then he had to fight off a man with a 9mm handgun who jumped over his fence because the gate was chained and locked. When he realized the mob would not stop at rock throwing, Riojas grabbed his weapon and defended his home, Fields said. "Mr. Riojas knew that he and his family were going to be killed that night and he did take a stand in and around his house," Fields told the jury. "A reasonable man was doing what a reasonable man would do when attacked by unreasonable people."


SCOTUS decision not good for Obama: "Last spring, after the U.S. Supreme Court ruled that the Second Amendment guarantees an individual right to arms, Democrats hoped the decision would neutralize the gun issue. Instead the ruling, by inviting debate over which kinds of gun control are constitutional, has made the issue more salient. That's bad news for Barack Obama, whom the National Rifle Association says "would be the most anti-gun president in American history." The Democratic nominee pays lip service to Second Amendment rights while calling for "commonsense," "reasonable" restrictions. But Mr. Obama's sense of what is reasonable, while common among the left-liberal politicians and activists inside his comfort zone, may seem decidedly unreasonable to the pro-gun voters the NRA is trying to mobilize against him. Since these voters made a decisive difference in the 2000 presidential election and arguably in 2004 as well, this is a threat Mr. Obama ignores at his peril. The NRA plans to spend $15 million urging voters in battleground states of the Midwest and Mountain West to "Defend Freedom" and "Defeat Obama."


Fact-Checkers Fall Short in Criticizing NRA's Anti-Obama Ads: "This past weekend, Joe Biden, campaigning in southwest Virginia, called any notion that Obama wanted to take away people’s guns “malarkey.” Montana's Democratic governor, Brian Schweitzer, previously told reporters that Obama "Ain't ever going to take your gun away." Obama regularly makes similar statements -- at least about rifles and shotguns.... The Washington Post describes its own Fact Checker report as giving the NRA “spot three out of four Pinocchios for its claims that Obama would take away guns and ammunition used by hunters.” But what are the facts? Were the NRA ads this bad? How accurate are the fact checkers? .... Obama has come out for handgun bans as recently as this past February. ABC News’ local Washington, D.C., anchor, Leon Harris, asked Obama: "One other issue that's of great importance here in the district as well is gun control ... but you support the D.C. handgun ban." Obama's simple response: "Right." When Harris said "And you've said that it's constitutional," Obama again says "right" and is clearly seen on tape nodding his head "yes."


Gun laws eased in the Australian State of NSW: "Changes to gun laws will make it easier for people to gain access to firearms from October 1. But while shooting clubs expect more people to be attracted to the sport, critics say the amendments will lead to more high-powered weapons and gun crime. The Shooters Party-initiated bill allows more exemptions for people, including minors, without a licence to participate at shooting clubs. The law, passed with the support of the Government and Coalition, also removes the 28-day waiting period for licence-holders buying additional guns and renewing permits. Sporting Shooters Association of Australia (NSW) executive officer Richard Gawned said the changes simply removed the bureaucracy involved in buying more firearms. Amendments also made it easier for people to take up the sport, with those who were unlicensed to be supervised by licence-holders at all times.

Facts and figures about guns in Finland

In the light of the recent mass-murder in Finland, the following facts and figures about Finland's gun laws and gun ownership may be of interest. Despite recent events, Finland is a heavily-armed society with a low rate of gun crime

HIGHLY ARMED: Finland has roughly 1.6 million firearms in private hands. The country's 650,000 licensed gun owners - about 13 percent of the population of 5.2 million - include hunters, practice shooters and gun collectors. In Europe, only Switzerland comes close to Finland in gun ownership: each member of Switzerland's militia army is allowed to keep his gun after completing military service.

RELAXED GUN LAWS: Finland has some of Europe's most relaxed gun laws. The minimum legal age for buying a gun is 15. After a deadly school shooting at Jokela high school last November, the Finnish government vowed to raise the minimum level to 18, but lawmakers and government are still debating legislation. Hunting - a deep-rooted tradition in the sub-Arctic wilderness - and practice shooting are valid reasons to acquire a firearm, but self-defense is not.

REQUIREMENTS: First-time gun owners, members of a shooting club in most cases, are usually granted a license to a .22-caliber pistol. The man responsible for a high school shooting last November had sought to acquire a 9 mm gun, but the application was rejected because the gun was considered too powerful for target practice shooting. A 15-year-old can acquire a shot gun or a rifle for hunting purposes with the consent of an adult.

WEAK OPPOSITION: Calls for tighter gun laws grew after last year's school shooting, but the anti-gun lobby in Finland is still weak. Especially in rural areas, Finns say their hunting traditions justify widespread gun ownership and claim that gun violence is still relatively rare. A government study in 2002 found 14 percent of homicides in Finland are gun-related. In the United States, nearly 67 percent of murders reported to police in the same year were committed with a firearm, according to the U.S. Bureau of Justice Statistics.

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Arizona: Sheriff's deputies say shooting death the result of self-defense: "A 49-year old man was shot to death outside of a residence in the 4100 block of North Soldier Trail in what apparently was a case of self-defense. According to witnesses, the shooting victim entered the home of another man at about 9 p.m. on Tuesday, September 23, and made threats against the man. The victim was shot when he grabbed the other man and began to drag him out of the residence, according to Pima County Sheriff’s investigators. The name of the shooting victim has not been released, pending notification of next of kin"


Missouri: Would-Be Robber Shot: "A clerk at a 7-Eleven stood up to a robber, police said, and shot him dead. An 18-year-old man was attempting to rob the convenience store near East 27th Street and Van Brunt Boulevard at gunpoint when one of the two clerks in the store pulled out his own gun and shot the man, police said. When officers arrived at the store, which is across the street from a police station, they found the teen dead behind the counter, shot once in the neck. "It is fairly unusual for us to have problems here, but convenience stores are one of those targets of opportunity, especially late at night. There were two clerks working at the time. One had on a uniform, one did not. The one that actually ended up doing the shooting was the one who was not in a uniform, but it is rather ironic to have something like this happen in such proximity to a police station," said Capt. Rich Lockhart of the Kansas City Police Department. The man who was shot was carrying a gun, police said. And they said the clerk who had a gun had a permit to carry a concealed weapon.


Missouri: Security Guard Shoots Man At Liquor Store: "A man was shot by a liquor store security guard on Tuesday night, police said. Officers said the guard told them a man, who he thought had a gun, was causing problems at the Royal Liquor Store on Southwest Boulevard about 9 p.m. After telling the man to leave, the guard said the man became violent and during a struggle, the security guard shot him. The man ran off, and police later found him in an alley about a block away. They did not find a gun. The man's injuries are considered life-threatening, police said."

Fact-Checking FactCheck.Org on Obama and Guns

FactCheck.org doesn't think much of the NRA's ads criticizing Obama. They are, sadly, way off base. This is, presumably,one of the reasons why Stuart Taylor Jr. of the National Journal declared he "no longer trust the major newspapers or television networks to provide consistently accurate and fair reporting and analysis of all the charges and countercharges." He's got good reason.

For starters, FactCheck.org takes Obama at his word that he "believes the Second Amendment creates an individual right, and he respects the constitutional rights of Americans to bear arms." Many gun owners are not so willing to give the benefit of the doubt, as Obama spent most of his adult life in a city with some of the most restrictive gun laws in the country, and, according to every record of the past 20 years, never uttered a word of objection. If a candidate claimed that he strongly opposed legal gambling, and yet lived in Las Vegas for 20 years, voters would be understandably skeptical.

Obama voted against a bill that declared that "in any Illinois municipality where gun registration is required it shall be an "affirmative defense" if the person accused of violating the registration requirement can show that the weapon was used "in an act of self-defense or defense of another ... when on his or her land or in his or her abode or fixed place of business." FactCheck says, "Letting the owner of an unregistered firearm escape the penalty for failing to register is one thing, but it's another thing entirely to make it a crime to use any firearm - registered or not - in self-defense."

No, that's precisely it - local law had already made it illegal for Hale DeMar to own and use the handgun that he used to protect himself from a burglar. State lawmakers sought to change that; Obama opposed them. If you see that vote as supporting "a right to own a handgun in self-defense", then you can see any position in any vote.

FactCheck is particularly sloppy by taking Kennedy at his word that an amendment offered in 2005 that would ban "armor piercing" bullets, but was not meant to ban hunting ammunition. As Dave Kopel laid out in detail, the amendment changed an existing ban on "armor piercing bullets" measured by the content of the bullet to a penetration standard.

Instead of a penetration standard (which would ban most rifle ammunition), a content standard was adopted. The sale or import of handgun ammunition with a significant amount of steel, titanium, or other metal core was outlawed. The Kennedy amendment refers to rifle ammunition that has more penetrating capability than "standard" ammunition of the same caliber. In other words, a bureaucrat could decide that "standard" ammunition in a certain caliber has a certain weight and velocity, and any round with a greater weight or velocity could be administratively prohibited.

Existing law is designed to ban armor-piercing bullets while ensuring that hunting ammunition was kept legal; Kennedy's amendment, despite his claims of what he meant to do, would have opened the door, and perhaps even required banning most rifle ammunition.

On the third charge, that Obama supports a ban on handguns, FactCheck writes:

The NRA bases its claim on a disputed 1996 questionnaire that Obama's Illinois state Senate campaign filled out for the nonprofit voting group, Independent Voters of Illinois-Independent Precinct Organization. On it, somebody filled in the word "yes" in response to the question, "Do you support legislation to ban the manufacture, sale and possession of handguns?" But the Obama campaign said that the survey was actually filled out by his then-campaign manager who "unintentionally mischaracterized his position," adding that Obama never saw the survey.

As we wrote previously, an amended version of the questionnaire was later submitted to the group, with Obama's handwritten notes on it providing more detail on some of the answers. Obama clearly saw and handled this version personally and did not alter the question about banning the sale and manufacturing of guns. Nevertheless, his aides maintain that the gun-ban answer was a mistake and didn't reflect Obama's true position.

Nonetheless, FactCheck.org deems the charge that Obama supports a ban on handguns false. Apparently like the Boston Globe and the Washington Post in their fact-checking features, FactCheck.org has decided that their own previous research is no longer reliable.

FactCheck says that the NRA is "misleading" when they state that Obama would "mandate a government-issued license to purchase a firearm." They say that he has only called for licensing handguns, and because he said a national gun registration law isn't politically possible: "I just don't think we can get that done." That's a thin reed to argue that Obama opposes the idea, or wouldn't push for it if it were politically possible (in a Congress that is likely to be significantly more Democratic next year). Finally, FactCheck.org concludes:

At a campaign stop in Duryea, Pa., in early September, Obama again attempted to reassure gun owners that he doesn't intend to take away their guns, and couldn't even if he wanted to:

Obama (Sept. 5): The bottom line is this. If you've got a rifle, you've got a shotgun, you've got a gun in your house, I'm not taking it away. Alright? So they can keep on talking about it but this is just not true. And by the way, here's another thing you've got to understand. Even if I wanted to take it away, I couldn't get it done. I don't have the votes in Congress.

The fact that FactCheck thinks this reinforces the argument that Obama respects the Second Amendment speak volumes. Pro-Second Amendment lawmakers just don't talk this way.

By the way, since 1980, the ratio of NRA endorsed-Republican presidential candidates to winning Republican presidential candidates has been 1:1 - Reagan twice, Bush in 1988 but not 1992, Bush twice. So far, they have not officially endorsed a candidate, even though. I know the NRA is generally positive on McCain, but had some major beefs with him in the past (campaign finance reform and restrictions on sales at gun shows). Will the addition of lifetime NRA member Sarah Palin be enough to get the organization to make an official endorsement?

UPDATE: Bob Owens is similarly unimpressed with FactCheck. And the Washington Post looks at the NRA ad and, to the surprise of no one, makes all of the same errors as FactCheck - i.e., because Obama hasn't said since 1999 that he supports increasing taxes on guns and ammunition by 500 percent, he must not support it now. One of the really surprising developments in this election has been how the "fact-checking" features of major news organizations have been sloppy and vague with large omissions... just about always to the benefit of of Obama.

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Why Obama is evasive about his anti-gun attitudes

Our Monday item on the so-called Bradley effect prompted an email from reader Bill Saracino, who fills in some of the details lost in the standard liberal narrative of the 1982 California governor's campaign:

In 1982, I was executive director of Gun Owners of California, which at the time was one of the five largest non-party-controlled political action committees in California.

The gun-phobics qualified an initiative for the '82 fall ballot that would have essentially banned all handguns. It became Proposition 15. Gun Owners of California, in partnership with the National Rifle Association, assembled a broad coalition of gun, hunting and outdoor sport groups to oppose Proposition 15. I was chosen to be the chairman of the official No on 15 committee. After being far ahead in surveys in the spring and early summer, Proposition 15 failed in November by about 65% to 35%. George Deukmejian opposed Proposition 15; Tom Bradley supported it. With that background, I make the following points:

* Proposition 15 was enormously unpopular with Reagan Democrats and rural voters of all stripes.

* We tried to include Bradley vs. Deukmejian comparisons in as much of our anti-15 advertising as possible, and we outspent Yes on 15 by about 5 to 1 in the fall campaign (largely on the NRA's money).

* Because of Proposition 15, turnout in our rural areas was unprecedented, reaching 85% to 90% in some Central Valley and Sierra foothill counties.

* Deukmejian ran ahead of even Reagan (and usually even or just slightly behind "No on 15") in some rural, usually Democratic counties. The one county I remember off the top of my head is Modoc, a small county in the northeast corner of the state, bordering Nevada and Oregon. "No on 15" got 88%, Deukmejian in the low 70s. This trend was repeated--basically without exception--in large and small rural counties throughout the state.

* At a think-tank sponsored event a month or so after the election, Bradley's manager stated he thought that the presence of Proposition 15 on the ballot had cost his guy the election.

* The absentee-ballot factor is totally overlooked by folks trying to ascribe a racial component to Bradley's defeat and the surveys missing the final outcome. The final pre-election surveys weren't all that far off the mark. They showed a small to middling Bradley lead--which in fact materialized at the polls on election day. Bradley won the vote cast at the ballot boxes, but because of an aggressive absentee-ballot effort by the Deukmejian campaign (and our separate effort for No on 15), an unprecedented percentage of total turnout was represented by absentees. Deukmajian won a large majority of the absentee ballots

The pollsters totally missed this factor leading up to election day, as did the exit polls. In a still-memorable tableau Mervin Field, director of the almost-always-liberal-slanted Field poll, was on television at midnight insisting that Bradley was going to win as the tote boards showed a 50,000 vote Deukmejian lead with 99% of the vote counted.

That's a long way of saying what I wanted to, which is not that there wasn't anybody in California in 1982 who lied to pollsters about voting for Bradley and then voted against him because he was black. I suspect there were. But my firsthand experience tells me that the "No on 15"-driven turnout among pro-gun conservative Democrats, combined with the very wily absentee ballot campaigns conducted by Deukmejian and No on 15, had much more to do with Bradley losing than did any hidden racial factor.

To confirm this, we went in search of contemporaneous press accounts. We found a February 1983 column by Tom Wicker, a liberal New York Times columnist. Wicker's column--based on an analysis by Mervin Field, the pollster Saracino cites in his email to us--acknowledges the role of absentee ballots (California had just passed a law allowing anyone to vote absentee) and of Proposition 15:

Another major factor was the overwhelming defeat of Proposition 15, a strong handgun-control initiative. A $6 million opposition campaign reversed a majority originally favoring the initiative, to a 63-to-37-percent defeat. Mr. Field measured a 32-point turnaround in the last month alone. Since Mr. Bradley favored Proposition 15, the late tide against it obviously hurt him, too; 60 percent of ''no'' voters said in exit polls that they voted for Mr. Deukmejian.

But it wasn't just that $6 million campaign that defeated Proposition 15 and maybe Tom Bradley too. Mervin Field's exit polls showed that 48 percent of all voters said they kept a gun in their households; factoring in the absentees, that means that more than half of California's voters had a gun in their households on Election Day.

It should be noted that none of this implicates the Bradley effect, which posits a discrepancy between what people tell pollsters and how they actually vote. Field's analysis deals entirely with what people did tell pollsters.

More here

Ohio homeowner kills break-in suspect: "A man was shot in the chest and killed about 2:45 this morning by a homeowner who said the man had broken into his house. Police said it happened in the 13400 block of St. Clair Avenue. Lawrence Hanson, 65, said he was awakened by the sound of someone breaking into the house. When the Hanson went downstairs to investigate, he saw signs that his house was being burglarized. He went back upstairs, got dressed and grabbed his gun. Hanson said he had no intention to shoot and kill a burglar morning. Hanson confronted the man, whose name has not been released, and ordered the intruder to stop. The man approached Hanson. The gun went off, and the man fell to the ground, Hanson said. "I can't believe I shot somebody," he said, standing next to his garage. Hanson was not arrested, but police seized the gun."


Antigua: Shot robber gains sympathy of shop owner: "Richard Williams can count his blessings today after the court dismissed a charge of break-in, entering and larceny that was brought against him by the police. Williams was shot by the proprietor of Roti King while attempting to burglarise the business place on 14 Jan. Owner of the popular eatery, Tahir Ajim, told the court yesterday that he does not want to proceed with the case. Ajim said that Williams approached him shortly before the case was called and asked him to drop the case. "He saw me outside and told me he is sick, and I felt sorry for him," Ajim said. Chief Magistrate Ivan Walters told Williams that he was free to go after dismissing the matter for want of prosecution. Williams allegedly broke into Roti King and stole $5 cash, one case of Guinness, one case of Wadadli Gold (beer) and one case of Smirnoff Ice valued at $225.83. The Gray's Farm man allegedly with another man entered the popular down town restaurant, but Ajim caught them in the act and Williams was shot three times. He received bullet wounds to both legs and to the right side of his head."


FL: Under anonymity, gun licenses soar : "The number of Floridians with permission to pack heat has jumped nearly 50 percent in three years. In 2005, one year before the state Legislature's decision to provide anonymity to people holding concealed weapons licenses, there were 347,350 active permits statewide. Now, that number has swelled to about 520,000."


Russia: Man shoots neo-Nazi in self defense : "A man who appeared to be from the Caucasus shot an alleged neo-Nazi while waiting for a metro train in St. Petersburg, according to a September 22, 2008 report by the Newsru.com web site. On September 21, paramedics brought a 22-year-old man to the hospital suffering from a gunshot wound to the stomach. He claimed that the shooter opened fire without provocation, but police sources say that metro video cameras clearly show five young people dressed like `members of informal groups' (a common euphemism for neo-Nazis) approach to the shooter and start to menace him. Not taking any chances in a city where neo-Nazis have murdered several minorities in recent years, the man fired into his assailants and then fled the scene."

The Man I Might Have Killed

In 1982 I was living alone at the edge of a small desert town in Southern California. It wasn't the best of neighborhoods and I was moving the very next day to a better area. Sometimes your luck just runs out.

I woke up about midnight, hearing angry voices outside at the back of the house. There was no fence and people often wandered around at night, but their argument seemed to be escalating and getting closer so I got up and put on a robe. My little dog was barking up a storm. Looking out the front window, I saw a man standing by the front door of my car on the street, obviously trying to get into it and well illuminated by the full moon. I got the shotgun and opened the door a crack, then shouted at the man to get away from my car and go away. He just looked at me and went on trying to get into the car.

Then I made a big mistake. I walked out onto the sidewalk, closing the door behind me to keep the little dog from getting out. At that point the man started to walk toward me, in a few words telling me just how he would hurt me. I raised the shotgun, but he just sneered and said confidently, "you won't shoot me" and kept coming. He was still too close to my car, so I aimed the .410 shotgun just over his head and pulled the trigger.

I saw the shocked look, just before I saw the blood on his face and chest where the tiny #6 birdshot had hit him. He turned and ran away, destroying a low ornamental fence in the process, but never even slowing to untangle it from his legs.

Elapsed time? Probably not more than half a minute from the time I walked out the door until he fled. The time between his sneering comment and pulling the trigger? Probably a few seconds. The car was no more than 20 - 25 feet from the door.

Emergencies happen fast. I basically had a choice between shooting at him or being killed, with not much time to make up my mind. I was lucky to have the gun, to have taken it to the door with me, and lucky to know something about firing it. Some miracle had made me keep it loaded the two years since I'd left the farm where it had been used on squirrels and other varmints.

Shaking and almost sick to my stomach, I went back into the house and locked the door. made sure every window was locked and took a long hot shower. I had no phone, so could call nobody. Since the sheriff's office was 32 miles distant, calling them would have been a joke anyway. Everyone in that town just had to live with that fact. I never did report it, not being at all sure what their reaction would be. He obviously didn't die, and didn't report it either.

Eventually I went back to bed and tried hard not to think about any of it. As with most things we don't want to face, I mostly succeeded.

It was almost 25 years, and a few self defense classes later when I realized all of the mistakes I'd made and how close I came to death or terrible injury that night. I was very, very lucky things turned out as they did. And he was very lucky I hadn`t aimed that gun straight at him. What were my mistakes?

1. I went from a relatively secure position in the house to a seriously exposed position on the front walk. I basically cut off my only avenue of retreat when I shut the door.

Since there had been others arguing with him only minutes before, there was every reason to suspect he was not alone and that others could have attacked me from behind. It just never crossed my mind. Actually, I was sure he would run away as soon as I shouted, or at least as soon as he saw the gun.

Once I was under attack, understanding my peril and scared to death, I suffered from "tunnel vision." I was completely unable to see or hear anything but the threat in front of me. I probably no longer even heard the dog barking furiously in the house. This is very common under such stress and can only be overcome with serious training and practice.

2. My gun held only one shell at a time, and I had no others with me. If he had continued to attack after I'd foolishly shot over his head, he would probably have killed me. It is highly unlikely I'd have had time to reload anyway.

3. My major mistake was in confronting him, without knowing what to do and especially without an adequate weapon.

So, should we all just cower in the house or allow ourselves to be attacked and robbed? Only you can answer that for yourself. I did what I thought I had to do at the time, and I would again. If there is a next time, however, I won't make the same mistakes.

A man (or anyone) who attacked me today would face a calm, confident, prepared and VERY well armed woman - any time of the day or night. I would hope that he was able to perceive his disadvantage and just go away. Some would, and some would not. His choice.

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GOA submits appeal on behalf of Olofson

Gun owners across the nation are still rejoicing over the Supreme Court decision that struck down portions of the DC gun ban as unconstitutional. But the Heller decision has also signaled the beginning of a new major assault by the anti-gun left. Make no mistake, the anti-gun lobby is not going quietly into the night. They are absolutely rabid over this decision - and their friends in Congress are in a strong position to legislate away those gun freedoms which the Supreme Court has affirmed.

In the meantime, agencies like the federal BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives) appear to have no intention, whatsoever, of stopping their attacks on law-abiding gun owners, gun dealers and manufacturers. In GOA's newsletter which recently landed in mailboxes (The Gun Owners, August 18), we detailed the lengths to which the BATFE is going to trample the rights of gun owners and dealers.

From using paid "informants" to provide false testimony, to physically altering firearms to turn them into "machine guns," to abusing and harassing mom and pop gun shops who cannot afford to legally defend themselves, this agency appears not only to have little or no regards for the rights of citizens, but is clearly willing even to ignore the rulings of the Supreme Court.

As you know, Gun Owners is helping to defend David Olofson, a recent victim of BATFE abuse who has been sentenced to 30 months in the Federal Correctional Institute at Sandstone, Minnesota for the alleged crime of knowingly transferring an unregistered machine gun. GOA submitted an appeal on August 25, 2008, to get him released from prison, and our brief is viewable at http://www.gunowners.org/fs0806.pdf on the GOA website.

We took on the case when we learned that the so-called "machine gun" that Olofson owned was, in reality, one of thousands of ordinary semi-automatic rifles made by Olympic Arms. It happened to misfire a few extra rounds when a friend was using it at a range - thus drawing the attention of the feds. However, it only became a machine gun when the BATFE, behind closed doors, mechanically tampered with the rifle. Getting guns to malfunction is a favorite technique of the BATFE as it gives them a great opportunity to rack up convictions on the possession or selling of "machine guns," which requires a special type of license.

As a result, David Olofson has been robbed of all his freedom, not just his right to keep and bear arms. He has lost his liberty, his family, and his life outside of prison. It is just a turn of fate that it is David Olofson - not you or any other semi-auto owner you know - who is rotting away in prison. And that's why GOA came to his aide, and we are pleased to report that you guys have been a tremendous blessing to the Olofson family.

David's wife, Candy, told GOA Executive Director Larry Pratt last week that contributions from GOA members have been a tremendous help. So much so, that she does not need to take a second job, thus allowing her to spend time with her children. All of this has resulted from the many GOA members who are making monthly contributions to help pay the Olofson family's mortgage and car payment. By the way, a lawyer friend who lives near Candy told her that GOA's brief was superb. One could hear the encouragement in her voice that resulted from what the attorney told her.

So, now that we have the Olofson family stabilized, we're asking you to help us get stabilized. This case is very expensive, and we need your help to continue pressing ahead for his release from prison. The costs in taking on this case are huge, although it's a burden we gladly bear because of the danger that it presents to ALL gun owners - especially those who own semi-automatic firearms. If this injustice stands, it will give the ATF the green light to put millions of additional gun owners in their cross hairs.

GOA also needs your financial help because we are using this experience to work with a team of experts to develop written testing standards that could be imposed on the BATFE by law. Such a law would protect individual gun owners, manufacturers and dealers alike, and would be the next best thing to getting rid of The Gang (aka, the BATFE). So please help GOA to accomplish these worthwhile efforts. You can help GOA continue fighting to defend David Olofson - and all gun owners like him - by going to http://www.gunowners.org/ordergoamem.htm on the GOA website. Thank you.

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Crocodiles enjoy gun-free society: "Attempts to turn Solomon Islands into a gun-free society has had an unintended deadly side effect. It's lead in part, to an increase in the number of fatal crocodile attacks. Guns were banned on Solomon Islands following racial tensions and the arrival in 2003 of the Australian lead Regional Assistance Mission, RAMSI. Solomon Islands Acting Police Commissioner, Peter Marshall, has told Radio Australia at least six people have been killed by crocodiles in the past 18 months. "We have various reports from around the provinces in Solomon Islands... of crocodiles entering into locations where fishermen are present or where children are bathing or where families are bathing and the reports that we are getting is that the number of crocodiles is increasing," he said."


Cape Cod shooting justified: "Cape and Islands District Attorney Michael O'Keefe has found that Yarmouth Police Officer Christopher Van Ness was justified in shooting and killing Brazilian national Andre Luiz de Castro Martins. On the early morning of Sunday, July 27, Van Ness used his service weapon to fire at least three shots at Martins, who had been driving an automobile at a high rate of speed and who failed to stop for the officer. Although Van Ness had stopped his cruiser in an attempt to block the automobile and gotten out, O'Keefe said Martins did not stop but continued to try to maneuver his car. The district attorney said the officer had good reason to fear imminent great bodily harm or death from being crushed against his cruiser or run over by the automobile, and was justified by reason of self-defense in shooting Martins. One of the shots perforated Martins' heart and a lung, killing him. To convict Van Ness of a crime, O'Keefe said, the state would bear the burden of showing that the right of self-defense didn't exist, and must disprove that right beyond a reasonable doubt. Neither, he said, was supported by the evidence."

Georgia: Robber Disarmed by Employees: "Police are praising four employees of a Forest Park, Georgia furniture store for a bold stroke of self-defense, for turning the tables on an armed robber, for risking their lives to disarm and capture the masked man, who had invaded their store Tuesday morning. Tuesday morning a man wearing a green mask stuck a handgun in the back of one of Burndette's employees as the employee was entering the front door. The surveillance video shows the gunman marching the employee inside the store, across the furniture showroom, straight into the office, and then forcing all four employees onto the floor, face down. Burndette said the gunman threatened to kill everyone. Burndette said the gunman demanded that one of the employees disable the surveillance cameras and give him the video tapes to take with him. And, for a split second, the gunman turned away. "That's when we had the opportunity to grab the suspect," Burndette said. "The opportunity was that when he actually turned his back, when he asked for the camera, when he approached the guy, when the associate approached and said the tape was not in the camera, in the VCR, that's when he turned his back and was getting ready to, I guess, fire." Darren Marshall, the store's accounts manager, was the first to grab for the robber's gun. The video shows the employees finally getting control of the gun and falling in a heap on the gunman, keeping him on the floor until police arrived a few minutes later. Forest Park Police said the gunman is 21-year-old Shawn Henderson of Jonesboro, GA. Henderson had to receive treatment in a hospital for injuries he received in the struggle. He's now in jail"


Mississippi clerk shoots robber: "Jackson police say they won't charge a gas station clerk in the shooting death of a robbery suspect. Police spokesman Lt. Jeffery Scott says a man wearing a clown mask and carrying a gun entered the gas station just after 9 p.m. Sunday. The man took money from the register and ran from the store. Scott says the clerk followed the man outside and shot several times, hitting the suspect as he ran behind a storage shed. The suspect was brought a hospital, where Hinds County Coroner Sharon Grisham-Stewart says he died shortly after 10 p.m. Scott says the clerk, whose name wasn't released, was defending himself."


Shooting becomes a test of Missouri's new `castle doctrine' law: "When Rogelio Johnson allegedly climbed through a window and confronted Jackie Gleason in her home near Kirksville, Mo., in May, she shot him dead. A crime? Yes, concluded an Adair County coroner's jury last month. Not so fast, said county Prosecutor Mark Williams, who says the shooting may be justified under a new Missouri law known as the "castle doctrine" that allows a person to use lethal force against intruders. Although the coroner's jury said Gleason committed "death by felony," Williams was not convinced the jury completely understood the doctrine. Besides, he said, he found juror misconduct because one juror said Gleason was guilty before hearing testimony. Williams asked that the Missouri attorney general's office determine if charges are warranted. The attorney general's office has not yet appointed anyone to the case, but should start reviewing it in the next few weeks, a spokesman said Wednesday. The inquest before the six-member coroner's jury lasted two days. In most Missouri counties, coroners are required to investigate deaths that appear to be the result of foul play. When the circumstances of a death are particularly complicated or unclear, a coroner may call a jury to examine the facts of the case. In a taped interview with a Missouri Highway Patrol officer that was played during the inquest, Gleason said Johnson approached her with his hands clasped in front of him as if in a firing position, although no weapon was found. Johnson was Gleason's estranged boyfriend and was under court order to stay away from her house. The front door was locked when he came in through the window, she said. Adair County Sheriff Leonard Clark deferred to the patrol for the investigation because of a potential conflict of interest. He does not agree with the jury's finding. "Based on the information I have at this time, I do not believe there was any criminal wrongdoing," Clark said."


More details on CA shooting blogged here on 19th. "Amariae Sanders was a 16-year-old boy who may have thought a San Pablo gift shop would be an easy mark. But when he vaulted the counter while armed with a sawed-off shotgun, he had no way of knowing that the store owner would fight back, police say. Brian Wogsland, the owner of A&L Posters on San Pablo Avenue, had been robbed twice before and was ready when Sanders and another young man entered about 5 p.m. Tuesday, authorities said. He pulled a handgun and fired numerous shots, striking Sanders in the head and chest. In an instant, Sanders was dead and Wogsland was left trying to deal with the third - and most violent - incident over the past year in which he was targeted by robbers. "He was pretty upset when we interviewed him," said police Sgt. Dave Lewellyn. "He obviously didn't want to have to shoot anybody. But he has been the victim of violent crime, and at some point he's going to have to take these kinds of measures to protect himself. He told us he was in fear for his life." After Wogsland opened fire, the other would-be robber fled out the front door of the shop at 14650 San Pablo Ave. He remained at large Wednesday."

Court victory in Ohio: "Today's ruling by the Ohio Supreme Court that strikes down a ban on legal concealed carry in public parks was "a proper decision that upholds the state's concealed carry preemption statute," the Second Amendment Foundation said. Ohio's current concealed carry statute, adopted by the State Legislature in 2006, prohibits local governments from adopting more stringent gun control regulations than the state. The City of Clyde passed an ordinance banning legal concealed carry in city parks. The law was challenged by Ohioans for Concealed Carry. "Anti-gun municipalities across the country have been cooking up ways to challenge state preemption statutes," noted SAF founder Alan Gottlieb, "as a means of harassing legally-armed, law-abiding citizens. Today's ruling by the Ohio Supreme Court struck a necessary blow in the Buckeye State for civil rights and the rule of law."


OH: Cleveland loses appeal in gun confiscation case : "The City of Cleveland has lost in their bid to keep a firearm confiscated from a man who was acquitted of all charges stemming from an April 2007 incident. On April 27, 2007, Antonio Fulton was charged with using weapons while intoxicated, failure to secure a dangerous ordnance, and endangering children. His handgun was confiscated. At his trial, Fulton was acquitted of the charges. Yet, the City refused to return his handgun. Fulton petitioned the Municipal Court to return the firearm, but the Court refused. Fulton appealed the ruling to the Eight Appellate District. Today, the Appellate Court ruled in his favor. … Not only was Cleveland ordered to return Mr. Fulton’s gun, they were also ordered to pay court costs.”

Florida home invader fatally shot: "Last week Thomas Thompson II, 24, was charged with taking copper from a Home Depot store. Early Thursday, the Vero Beach resident was fatally shot breaking into the home of a woman his pregnant girlfriend knew, said Indian River County sheriff's Detective Chris Cassinari. Around 5:20 a.m. Thompson, armed with two knives, crawled through a window in a small home south of Vero Beach at the intersection of 47th Avenue and First Street Southwest. A family dog awakened occupant Francis Hornsby, who found an armed man at the foot of her bed when she turned on a light. Her screams woke her two sons, 19-year-old Austin Hornsby and 20-year-old Robert Hornsby. From what Cassinari surmises, Thompson apparently didn't know the sons were inside the home. One son scuffled with Thompson. Finally, the other son, "in defense, fired a shotgun, killing the subject," said sheriff's Lt. Leroy Smith. Investigators haven't yet identified which son fired the shotgun. Thompson was pronounced dead at the scene. His body was at the doorway to a porch. He is survived by a 3-year-old child, officers said. The investigation is continuing. No charges have been filed in what sheriff's investigators consider a burglary. Thompson was released Sunday from the Indian River County Jail under a $5,000 bail following his arrest Sept. 12 on a charge of grand theft. Authorities say he took $2,200 in copper wire from a Roseland Home Depot store."


AZ : Stupid cops shoot man who detained burglar: "Phoenix police say one of their officers shot and wounded a man who had been holding a burglar at gunpoint inside his home. Sgt. Tommy Thompson says the incident late Wednesday happened as officers responded to a flurry of calls in an east Phoenix neighborhood, about shots fired, a wounded man who acted strangely after being let into a good Samaritan's home and finally, a break-in at a nearby home. Arriving officers found a screaming woman who had fled the last home with two children while her mate confronted the intruder. Thompson says officers went inside, ordered everyone out and saw the armed resident coming down a hallway. One officer shot the 35-year-old man several times, but he's expected to survive. Officers then detained the intruder."


Indiana clerk shoots at robber: "Indiana law allows Hoosiers to defend themselves, even with deadly force, and Tuesday morning a woman working behind the counter of Zipp's Deli did just that. Police said she fired shots at a teen who jumped the counter and tried to take money from her cash register. Even though the black male suspect never showed a weapon, he and the clerk struggled before he eventually got away, said Muncie Police Department Lt. Al Williams. Police are continuing their search for him, as well as for another young black man who was waiting across Madison Street. Witnesses said the two fled on foot to 613 E. Fifth St., an apparently abandoned home just a block away from the store. The clerk was not injured. This isn't the first time a Zipp's clerk has fired a gun at a robber. A convicted bandit was shot by a clerk in March 2002 after he robbed the store. He was later found, injured, in a home, along with cash that had been taken from the store."


Utah intruder shot by homeowner: "An estranged husband who was shot after breaking into the home of his wife's male friend remained at University Hospital Thursday. Robert Hunter, 50, was shot in the chest and arms with a 12-gauge shotgun after police say he broke into the home of Joe McIntosh Wednesday night. West Valley Police Capt. Tom McLachlan said Hunter's injuries were not believed to be life threatening. The incident began just before 9 p.m. near 3700 South and 6000 West. Hunter allegedly parked his truck a street away and walked to McIntosh's home. Hunter, who had been separated from his wife for several months, had been served divorce papers earlier that day, McLachlan said. His estranged wife was in the house with McIntosh. Hunter went to the back sliding glass door and allegedly entered the house after shattering the glass, McLachlan said. There had been previous incidents between Hunter and McIntosh, including some threats, McLachlan said. "Those threats may have made (McIntosh) quite leery," he said. McIntosh fired a shotgun at Hunter almost as soon as he entered. Hunter was hit and retreated. Investigators later learned that Hunter was carrying 9 mm and .22-caliber handguns with him that were loaded. Police said whether Hunter pointed his weapons at anyone, whether he fired a shot or whether McIntosh even knew he was armed, were all questions being addressed in the ongoing investigation."

FL: Owner of shop where suspect was killed: 'He came after' my family: "Noel Nagi says he was ready to give the gun-toting would-be robber the cash - about $150. "Just don't do anything crazy. There's a baby." Around the counter-top corner, Nagi's 7-month-old grandson was perched on his father's knee. His mother, Nagi's daughter, stood nearby. "I don't give a f-," Nagi recalls the man saying as he pivoted and leveled the gun at the boy. Then a customer pulled open the A1A Discount Beverage door. In a heartbeat, the gunman was distracted. The father, Yamen Abdelfattah, handed off the infant to its mother. She rushed him to the closed office in two steps. The gunman's attention and weapon then returned to Nagi, the store's owner. And the babe's father, a gun-carrying veteran of the check-cashing business, pulled his weapon, rounded the corner and fired. "We believe the employees of the store got the upper hand on him," Palm Beach County Sheriff's Sgt. Rick McAfee said Sunday night, as investigators combed the scene - a man's body still lying inside the doorway, glass from the door shattered around him. The robber was identified as Robert C. Martin, 35, of 2781 2nd Ave, North Lot 43, Lake Worth. "We're not expecting charges at this time, but it will be turned over to the State Attorney's Office," Barbera said."


GA: Business Partner Shot, Killed: "Police in Dawson County believe that a argument between business partners is the cause of a shooting that has left one man dead. in Big Canoe. According to police the couple said they shot the man out of self-defense after the victim picked up a knife and threatened them. The victim was shot and killed by his wife`s business partner Tuesday morning. Police had gotten a call early Tuesday morning and was told that someone had broken into the home. While deputies were in route, they were told the intruder had been shot to death. Authorities believe that the shooting started over a argument between business partners in which the victim went to the home to confront the woman living in the house. Police added that the debate led to a altercation and the woman`s husband fatally shot the business partner."


California shop-owner kills robber: "The owner of a San Pablo gift shop shot and killed one of two robbers during a holdup attempt Tuesday, the latest in a spate of heists at the business, police said. The shooting happened shortly after 5 p.m. when two men stormed into A&L Posters at 14650 San Pablo Ave., said San Pablo police Lt. Mark Foisie. One of the assailants jumped over the counter with a shotgun and was shot dead by the owner, Foisie said. The man's name was not immediately released. The other would-be robber fled out the front door. The owner of the business has been robbed at least twice before, police said. About two months ago, he was robbed at the business. Within the past year, he was robbed, beaten and had a weapon fired near his face, Foisie said. Suspects have been arrested in at least one of the earlier cases, police said. The shooting is the latest in the East Bay in which store employees have fought back against robbers."


House passes rules easing D.C. gun restriction: ""The House moved Wednesday to compel the nation's capital to broaden the rights of its residents to buy and own firearms, including semiautomatic weapons. Critics, led by the District of Columbia's sole delegate to Congress, decried the action. They said the vote tramples on the District's rights to govern itself and could endanger both residents and political dignitaries who so often travel across the city. But the National Rifle Association-backed bill passed easily, 266-152, with supporters saying they were determined to give D.C. residents the same Second Amendment right of self-defense that has been available to other Americans."