December, 2002

Report 96

ANTI-GUN DEMOCRATS LOSE BIG

Democrats across the country have only their party’s long-term opposition to gun rights to blame for their crash-and-burn defeat at the polls. Their anti-gun zeal lost them control of the United States Senate and increased the Republican majority in the House, says JOE WALDRON, executive director of the Citizens Committee for the Right to Keep and Bears Arms.

“In the weeks before the election,” observed WALDRON, “Democrats dropped all pretenses in the wake of the Beltway sniper case. While party strategists had urged their candidates to soft-pedal the gun issue, leaders like Senators CHUCK SCHUMER (D-NY) and PATTY MURRAY (D-WA) simply could not contain themselves. The old anti-gun extremism came out, alerting voters across the nation that no matter what Democrats say - or don’t say - the party leadership still wants to trample individual gun rights as its response to violent criminals.”

Once it became obvious that restrictive gun control still captivates Democratic party leaders, gun owners became the critical element. They were the key voting bloc in a year when Democrats tried to sound pro-gun, but were insincere.

WALDRON says, “They lost some significant races because of that, including Senate seats in Minnesota, New Hampshire, Colorado, Georgia and Missouri, and gubernatorial races in Maryland, Minnesota and New Hampshire.”

Key races influenced by the action of gun owners rallying for gun rights:

New Hampshire’s Senate race: Republican Rep. JOHN E. SUNUNU beat anti-gun Gov. JEAN SHAHEEN, but only after defeating another pro-gun Republican candidate Sen. ROBERT C. SMITH in a hard-fought primary. Gun owner votes made a difference.

Georgia’s Senate race: Republican Rep. SAXBY CHAMBLISS unseated anti-gun rights Democrat incumbent Sen. MAX CLELAND. CHAMBLISS was co-chair of the Congressional Sportsmen’s Caucus, and is a gun rights supporters.

Maryland’s Governor race: Republican Rep. ROBERT L. EHRLICH, Jr. upset anti-gun Lt. Gov. KATHLEEN KENNEDY TOWNSEND to replace Democratic Gov. PARRIS N. GLENDENNING, one of the most anti-gun, anti-hunting governors in the nation.

Colorado’s Senate race: Pro-gun rights incumbent Republican Sen. WAYNE ALLARD was sent back to the Senate, defeating Democrat challenger TOM STRICKLAND.

Minnesota’s Senate race: Pro-gun rights Republican NORM COLEMAN defeated anti-gun Democratic icon WALTER MONDALE in the open seat left by the death of incumbent Sen. PAUL WELLSTONE.

Missouri’s Senate race: Pro-gun Republican JIM TALENT defeated Democrat JEAN CARNAHAN, elected in 2000 in a sympathy vote for her husband, Gov. MEL CARNAHAN, who was killed in an airplane crash while campaigning for the seat against former Senator JOHN ASHCROFT. CARNAHAN was an ardent anti-gunner.

The Brady Campaign to Prevent Gun Violence released its “Dirty Dozen” list of pro-gun rights candidates just before the election, claiming the candidates “endanger public safety.”

Of the five Senate candidates opposed by Brady, only one lost, DOUG FORRESTER (R-NJ). Only one of the three candidates on the Brady Campaign’s House target list, California Republican DICK MONTEITH, was defeated.

EAST LANSING BECOMES THIRD MICHIGAN CITY TO BAN GUNS

In a move that will draw court action, East Lansing’s city council has banned firearms in city buildings, parks and recreation areas. Violating the ordinance will be a misdemeanor punishable by a fine and up to 90 days in jail.

The Michigan Coalition for Responsible Gun Owners will challenge the ordinance, says the Coalition’s attorney, DAN BAMBERY, as it exceeds the authority the Legislature gives cities to regulate firearms.

los angeles new u.s. murder capital

An outbreak of gang violence has turned Los Angeles into the nation’s murder capital, with 592 homicides this year. A drug-related killing spree by the Rolling 60s Crips gang pushed L.A. to the top. New York follows with 489 homicides, then Chicago with 485, Detroit with 346, and Philadelphia with 251.

WILMINGTON, DELAWARE CITY COUNCIL VOTES TO REGISTER GUNS

A new ordinance would require owners of shotguns, handguns and rifles to register existing weapons as well as new ones. Police would issue a certificate that would have to accompany a firearm at all times. Violators would face a fine up to $1,000 and a year in prison or both. Wilmington Mayor JAMES M. BAKER has said he might veto the bill because it may violate state law.

VIRGINIA REJECTS PROPOSALS TO BAN GUNS FROM GOVERNMENT BUILDINGS

A Virginia House committee has rejected a bill by Delegate JAMES M. SCOTT and others to ban guns from the state Capitol and the chambers of the Fairfax County Board of Supervisors. Also rejected was another bill barring sex offenders or stalkers from owning a gun for five years after their conviction.

NEW YORK PROPOSAL WOULD GUARANTEE HUNTING RIGHTS

A constitutional amendment campaign now under way would guarantee the right to hunt, trap and fish in New York, as well as pre-empt local efforts to ban the sports. Wildlife scientists support the proposal as a way to prevent overpopulated deer herds from suffering lingering starvation in winter.

NEW JERSEY ASSEMBLY COMMITTEE APPROVES SMART-GUN BILL

The Assembly Law and Public Safety Committee has approved legislation which would require all handguns sold in New Jersey be equipped with smart gun technology three years after it becomes available.

The bill, already approved by the Senate, now goes to the full Assembly. If approved, it must return to the Senate for concurrence with Assembly amendments. Gov. JAMES E. McGREEVEY has said he would sign the measure, which was supported by CeasefireNJ and opposed by the Association of New Jersey Rifle and Pistol Clubs.

CALIFORNIA BALLISTIC FINGERPRINT STUDY TRIGGERS DISPUTE

California Attorney General BILL LOCKYER is in the middle of a national debate over a staff report he commissioned to study creating a “fingerprint” database of images of shell casing marks left during test-firing of each new handgun sold, if legislation was passed mandating such a database.

The report has generated criticism for and against the “fingerprint database,” most of it opposing the idea because it is technically flawed, since “fingerprint” marks change with wear or can be deliberately altered.

gun control CROWD ALREADY LOBBYING “ASSAULT WEAPONS” BAN EXTENSION

Congress is already getting visits from the Brady Campaign to Prevent Gun Violence (aka Handgun Control, Inc.) trying to extend the so-called “assault weapons ban” set to expire in September 2004.

MICHAEL BARNES, president of the Brady Campaign, made it clear this issue will play a part in the 2004 elections.

LARRY PRATT, executive director of Gun Owners of America, said there is a slight chance the ban could be renewed just prior to the 2004 elections - a Republican majority does not necessarily mean a pro-gun authority - and that gun owners everywhere are preparing for such an eventuality.

Major Second Amendment rights groups will be reminding lawmakers of the electoral fate of their former colleagues who voted for the original ban.

PRATT said, “We’re going to send them lots of ‘love letters’ saying things like ‘We sure hope you don’t want to go through what happened in 1994.’”

CALIFORNIA’S SEN. BOXER PLANS TO HIT GUN DEALERS HARD

Sen. BARBARA BOXER (D-CA) has said she will introduce legislation next year to penalize gun dealers for poor record-keeping. Her bill would make record- keeping failures a felony, punishable by up to five years in prison.

BOXER exploited the case of a Tacoma, WA gunshop, Bull’s Eye Shooter Supply, where investigators looking for sales records of the rifle used in the Washington, D.C. sniper case claimed that the records had not been maintained as required by law. The gunshop said the claim was exaggerated.

COPS CONCEALED CARRY BILL DERAILED

The Community Protection Act would allow off-duty and retired police officers, but no one else, to carry concealed weapons anywhere in the country. It won broad bipartisan backing in Congress and strong support from the Fraternal Order of Police.

The International Association of Chiefs of Police opposed the bill, saying off duty or retired police officers have no more authority outside their jurisdictions than any other civilian.

But the bill is essentially dead, thanks to the unlikely pair, Sen. EDWARD KENNEDY (D-MA) and Rep. JAMES SENSENBRENNER (R-WI). Sen. KENNEDY loaded the bill down with amendments. Rep. SENSENBRENNER stated his opposition in these terms: “Individual states have the right to determine their own ‘right to carry’ laws.”

BATF FIGHTING PROPOSAL TO IMPORT OLD U.S. WAR FIREARMS

The State Department is weighing a proposal made last year by the Firearms Importers’ Roundtable Trade Group to let gun sellers and owners import World War II era infantry weapons that were made in the United States and exported to the world’s armies decades ago.

The group asserts that the imports, including Garand rifles, M-1 carbines, and M-1911 pistols, would be used by collectors, in shooting competitions or for other legitimate purposes.

The Bureau of Alcohol, Tobacco and Firearms is opposing the idea, saying it would lift a 50-year-old ban and flood the market with outdated but deadly weapons that could fall into the hands of criminals and would be hard to regulate.

FEDERAL OFFICIAL INVESTIGATED FOR KEEPING GUN IN HER OFFICE

JANET REHNQUIST, inspector general of the Department of Health and Human Services, is being investigated for reports she kept a gun in her office without authorization, according to the New York Times.

Many criminal investigators who work for inspectors general are allowed to carry firearms, under tight controls, but they must take training courses and be recertified every three months. REHNQUIST’s job description “does not require or authorize her to carry a weapon,” said a law enforcement official.

VALOR CORPORATION FLORIDA LIABILITY CASE TO BE APPEALED

Attorneys for the firearms industry predict an appeals court overturn of a Palm Beach County jury’s finding that firearm distributor Valor Corp. was legally responsible for the May, 2000 murder of Lake Worth, Florida school teacher Barry Grunow. Grunow was gunned down by an expelled 13-year-old student, who was subsequently convicted of murder at his criminal trial.

Lawyers from the Brady Center (Handgun Control, Inc.) sued Valor Corp. on behalf of Grunow’s family alleging that the pistol was defectively designed because it did not have a “built in” lock and was unreasonably dangerous because it was small and inexpensive.

A newspaper poll showed the public overwhelmingly against the jury verdict, rejecting the idea that a manufacturer or seller of a legal, highly regulated, non-defective product can be held legally responsible for the criminal misuse of their product.

Two of the jurors in the Valor case changed their minds and asked to meet with the judge in the case. The judge refused.

An attorney for Valor said he would ask the trial judge to set aside the verdict because of its inconsistency. Valor was found not guilty of providing a defective and unreasonably dangerous product, yet guilty of negligence for doing so.

SAF WILL FILE AMICUS BRIEF TO KEEP RECORDS CONFIDENTIAL

Now that the U.S. Supreme Court has agreed to decide whether the City of Chicago should be allowed access to federal records of gun traces and transactions, the Second Amendment Foundation (SAF) has announced that it will file an amicus brief with the high court insisting that records on private citizens remain confidential.

Chicago won an appeals court ruling that the Bureau of Alcohol, Tobacco and Firearms had to release its gun-tracing database. Chicago wanted the information as part of its lawsuit against the firearms industry. The information would reveal the names of gun owners and the retail store where they bought the gun.

Attorney General John Ashcroft’s lawyers petitioned the Supreme Court to overturn the Illinois ruling. The court agreed to hear the case.

The SAF amicus brief will argue that federal law requires records on gun transactions and gun traces to remain confidential, not only to protect the privacy of gun owners, but also to safeguard police investigations.

TUCSON REGULATES PRIVATE SALES AT GUNSHOWS

The Arizona Supreme Court has reaffirmed that Tucson has the authority to require background checks on all gun sales conducted at city facilities.

The court declined without comment to review a Court of Appeals ruling that a city policy requiring gun show operators to provide for background on private-party sales at their events does not violate a preemption law giving the state regulatory power over firearms sales.

Gun owners will take their case to the Arizona legislature seeking clarification of the state’s firearms preemption law.

JUDGE SAYS CINCINNATI CAN SUE GUN MAKERS

A judge has ruled that the city of Cincinnati cannot sue out-of-state gun associations, but can continue its suit against gun manufacturers it believes are partly to blame for shootings that increase the city’s costs to provide safety. Two out-of-state defendants were accordingly dismissed from the case.

The ruling clarifies how the city’s 1999 suit against Baretta U.S.A. Corp. and other gun manufacturers may proceed. The case was lost in the lower courts, but revived by a decision of the Ohio Supreme Court earlier this year. It is set for trial December 22 before Common Pleas Court Judge Robert Ruehlman.

ANOTHER BRADY CENTER CASE: SHOT COPS SUE GUN MAKER, DEALER

Two Orange, N.J. policemen, David Lemongello and Kenneth McGuire, who were shot by gas station holdup man and convicted felon Shuntez Everett, are being represented by Brady Center (Handgun Control, Inc.) lawyers in a suit seeking damages from Will’s Jewelry and Loan in West Virginia, and gunmaker Sturm, Ruger.

The suit charges gun dealer Will’s with negligence for allegedly consummating “a large-volume sale of guns that it must have known were headed for the illegal market.” We’ve heard that argument before in these invented Brady theories.

The suit also charges gun manufacturer Sturm, Ruger with negligence, accusing the gun maker of “failing to enforce a code of conduct that would require its dealers to spot and prevent straw sales and that would prevent its dealers from engaging in large-volume sales.” We’ve heard that phony set-up, too.

Also named as defendants are James Gray and Tammi Lea Songer, and the estate of Shuntez Everett, who was killed in the shootout that left the two officers critically wounded. Gray and Songer are broke and Everett is broke and dead.

Ironically, employees at Will’s reported suspicious multiple purchases to the Bureau of Alcohol, Tobacco and Firearms, which led to solving the case. No good deed will go unpunished by the gun control crowd.

A woman with no criminal record, Tammi Lea Songer, bought a total of 22 guns in three visits to the store. Songer allegedly bought them for convicted felon James Gray, who sold them to felons who could not legally own them, including Shuntez Everett. The two police officers were on a stakeout at a frequently robbed gas station when they were shot by Everett and returned fire.

D.C. GUN BAN TO BE CHALLENGED

Cato Institute is planning a legal challenge to District of Columbia gun bans on Second Amendment grounds. A 1976 D.C. law forbids District residents from owning a handgun, except for law officers and residents with guns registered before 1976.

Robert A. Levy of Cato said, “No government should be permitted to take away Americans’ right to defend themselves against harm.”

The court challenge will be brought by a handful of D.C. residents who wish to own guns and do not have felony convictions or misdemeanor gun convictions. No date has been set for filing the complaint.

APPEALS COURT SAYS CHICAGO SUITS CAN STAY IN COURT

Anti-gun Chicago Mayor Richard Daley won a victory when the Illinois Appellate Court ruled that handgun manufacturers and distributors can be held liable for creating a nuisance that unreasonably threatens public safety.

City lawyers can now return to a trial courtroom to attempt proving that 22 gunmakers, four distributors and nearly a dozen retailers named in Daley’s $433 million, in fact, have acted irresponsibly.

The case will likely lose at trial, but it keeps socking legal fees to the gun industry, which is partly what Chicago’s attempt is about.

WISCONSIN SUPREME COURT HEARS ARGUMENTS ON CONCEALED CARRY LAW

Wisconsin law prohibits carrying concealed weapons. A 1998 constitutional amendment establishing a right to keep and bear arms runs directly into conflict with the concealed carry ban. Both remain on Wisconsin books, and the state Supreme Court recently heard arguments in two cases where men were arrested for carrying a concealed weapon and are claiming constitutional privilege.

One man was convicted for carrying a concealed handgun in his store, another for carrying concealed handguns in a car in which he was a passenger. Justices are faced with a knotty problem in deciding the cases, pitting a statute against a constitutional amendment.

CANADA: DEFYING THE FEDERAL ANTI-GUN LAW

Saskatchewan’s justice minister Chris Axworthy says his province won’t enforce the new federal law, Bill C-68, requiring all firearms to be registered by this coming January 1st.

Axworthy maintains that provincial conservation officers will not be checking for gun registration in the new year.

Greg Ahenakew, vice-chief of the Federation of Saskatchewan Indians, says he will not register his guns. The federation is challenging the federal government’s gun control law, arguing that it infringes on treaty rights.

RUSSIA: CITIZENS CHECK OUT GUN SHOW TO BUY AND PLAY

The sixth annual Interpolitech Fair of security equipment opened in Moscow just two weeks after dozens of armed Muslim terrorists got into the city unchallenged and began a grim hostage crisis ending with dozens of Russians dead.

More than 400 exhibitors laid out guns, body armor and high-tech security gizmos to the delight of visitors. Most attendees will just look and touch and go “Wow!” Those who can afford it and have the licenses needed to make purchases will also go “Wow!” but they can take the guns home.

However, those without special services passes are not allowed in one area of the hall guarded by the Federal Security Services, where all the James Bond-type goodies are on display.

Things have certainly changed from the bad old days of the Soviet Union.

SCOTLAND: SHOOTING CRIME SOARS DESPITE GUN BAN

Firearms are freely available in this gun-ban country, coming in with the drug lords who have sent serious shootings to record levels.

Gangland feuds over drug dealing have more than doubled the serious shootings in Scotland since 2000.

In 2001 serious shootings went up from 50 to 149 and almost all were a result of battles for control over drug supplies.

Detective Chief Superintendent Tom Halpin, head of Strathclyde Police area, said, “Organized criminals who are involved in the drugs trade do so because of the enormous profits that are there to be gained, so we shouldn’t be surprised that they are absolutely determined to protect their own patch.

“Now if you think of Europe in the last few years, recent wars, migration of people and barriers coming down it’s no surprise there is an increase in the availability of firearms across Europe and the United Kingdom.”

Scottish Executive ministers say the Scottish Drug Enforcement Agency and new laws to confiscate drug dealers assets will combat growing drug crime.

AUSTRALIA: PRIME MINISTER WHACKS USA FOR HANDGUN POLICY

Prime Minister John Howard heaped praise on the United States for its leadership in world counter-terrorism efforts, but criticized its record on handgun control.

It was politics, of course, for the Prime Minister was addressing the New South Wales State Council of the Liberal Party in Sydney, where he hoped to bolster public support for Australia’s gun laws.

However, in Western Australia, opposition police spokesman Matt Birney noted that the new gun law isn’t working so well. There are more than 3,000 illegal semi-automatic guns unaccounted for, showing the population is defying the nation’s gun ban law.

The Federal Government also recently revealed a list of 259 handguns it wants to add to the ban, including Smith & Wesson 357 revolvers, the Beretta Tomcat, Colt pistols and the Glock pistol.

As usual, the National Coalition for Gun Control said the list didn’t go far enough. Australia has no constitutionally protected gun rights, so pro-gun groups did little to criticize the government’s new ban list.

GUN NEWS TICKER - QUICK TAKES ON THE NEWS

Washington, D.C.: The National Association of Chiefs of Police (NACOP) has released its 2002 survey of chiefs of police and sheriffs, leading off on the question whether pilots of commercial airlines should be permitted to carry firearms on board their aircraft. 72.6 percent of chiefs of police and sheriffs support the “guns in the cockpit” proposal. 93.2 percent believe that any law-abiding citizen should be able to purchase a firearm for sport or self-defense. 68.2 percent agree that a national concealed handgun permit system would reduce rates of violent crime.

Chicago: Mark Ott, Jr., an 18-year-old senior at Lincoln-Way Central High School was issued a 5-day suspension for making the mistake of walking down the hallway to go to the bathroom one night without leaving a fake handgun being used as a prop in a play he was rehearsing. Mark had the plastic gun tucked in his pants when he left the school auditorium to go to the bathroom, discovered his error when he got there, and returned to the rehearsal carrying the prop in his hand. A woman attending another school function was making a phone call in the hall when she saw the gun and panicked, getting a school administrator to call the police. By the time police arrived, the rehearsal was over and Mark had gone home. Police found four prop guns on a table, and one student who was still there helped authorities piece together the events, and nailed Ott. Reminds us of the Shakespeare play title, “Much Ado About Nothing.”

Delaware: FBI agents seized 34 guns, including a revolver stolen from a State Police evidence locker, in the home of Sherry Freebery, a Democratic Party operative under investigation for illegal campaign activities on behalf of county Democrat candidates. Freebery is a former police officer of 23 years. The revolver is one of three stolen by Freebery’s former husband and former Delaware State Police Lt. Paul Sczubelek. Freebery claims the stolen gun was returned to her by police investigators in 1996.

Salt Lake City: Anti-gun activists are upset with a letter posted on a California gun group’s website advising gun owners that Utah is an easy place to get a concealed-weapon permit. Marla Kennedy, executive director of the Gun Violence Prevention Center of Utah, said she’s alarmed by the letter. Mindy Lindquist, senior law enforcement technician for the Utah Bureau of Criminal Identification, said getting a concealed-weapon permit in Utah is easier than some other states, including California, and costs a lot less. But she said thorough background checks are completed on every applicant.

Meriden, Connecticut: First time gun permits and gun sales in Connecticut both rose in the first 10 months of 2002 compared with the same period a year ago, according to state police. Connecticut issued 5,615 new gun permits and 15,489 renewals through October, 2002. In the same 10-month period in 2001, the state processed 3,659 first-time gun permits and 15,102 renewals. Authorities attribute the rise in part to fears of terrorism in the wake of the September 11, 2001 attacks.

New York City: Benjamin Petrofsky, a top NYPD official, is being probed for helping rockers Steven Tyler and Joe Perry obtain pistol licenses in return for alleged VIP treatment at an Aerosmith concert and ritzy after-party. The NYPD Internal Affairs Bureau is trying to determine if Petrofsky violated departmental regulations when he cut through red tape to help Tyler and Perry. The Manhattan district attorney’s office is reportedly examining whether or not Petrofsky got “illegal benefits” - a ticket to the show, backstage access and a limo ride to the Rock’n’Roll Hall of Famers’ post-concert party. At the time in the fall of 2001, the rockers - whose fame and wealth has attracted stalkers over the years - already held gun licenses in Massachusetts and several other states. Insiders say some celebrities and other powerbrokers have quietly had the bureaucratic process streamlined for them, so the Petrofsky incident is not unusual.

THE MEDIA ARE BEGINNING TO REPORT SELF-DEFENSE

This month we have so many news reports of self-defense from around the country we can’t even summarize them all.

Laguna Hills, California: Dana Kiefer and her 10-year-old daughter, Hana, were at Ms. Kiefer’s parents’ house when Dana’s ex-husband Eric Kiefer broke into the home wielding a hatchet. He had a history of drug use and physically abusing Ms. Kiefer during their marriage. He was under a restraining order to stay away from her. When the crazed man grabbed his daughter and tried to force her to drink a caustic liquid, Ms. Kiefer’s boyfriend stepped in with a shotgun and blew Eric Kiefer away, thus ending a threat that could have taken five innocent lives. Police did not bring charges against the boyfriend.

Naples, Florida: 22-year-old Dale Beatty - a second-degree black belt in karate - broke into the home of next-door neighbors Gerald and Jill House at 2:45 a.m. and quickly began using karate moves to punch in the stomach. Beatty was naked, enraged and out of control, and later determined to be under the influence of hallucinogenic mushrooms. He wrestled Gerald House and his son, 20-year-old Justin to the ground, and continued to attack Jill. Gerald rushed to his bedroom and retrieved his .357-caliber Magnum to shoot Beatty to death. Police ruled that House was justified in using deadly force and will not press charges.

Gonzales, Louisiana: Two armed robbers entered a tattoo shop, pointed a gun at the three people inside and yelled that he “wanted the money.” A female employee carrying a handgun walked into the middle of the robbery and fired a shot. One of the armed robbers fired a shot and then both fled.

Hilo, Hawaii: Delan Perry and his wife Jennifer had suffered vandalism in their papaya orchards for months - including thousands of papaya trees chopped down - when a neighbor, Samuel Soo Kim, broke into their home at 3:30 a.m., shattering glass and causing the family’s dogs to bark. Perry and his wife awakened, Perry took his shotgun, which he carried because of past incidents, and walked outside. He heard more glass breaking and shouted in that direction. He was answered by a gunshot, and he responded by firing a shotgun blast into the air. He expected that to scare off the intruder, but instead found a man running toward him, firing a gun. Perry then fired at the intruder, who fell to the ground. Jennifer Perry called police, who found Kim’s body in the Perry’s driveway, dressed in dark clothes and a makeshift ski mask pulled over his face. A pistol registered to Kim was found in his right hand and a hatchet was found next to his body. Police arrested Perry and released him without charges after a brief investigation.