Volume 6, No. 04                   www.foac-pac.org                   April 9, 2006

 

Firearms Owners Against Crime

 

Text Box: FOAC 2006 Meeting Schedule · Jan 8, 2nd Sunday · Feb 12, 2nd Sunday · Mar 12, 2nd Sunday · Apr 9, 2nd Sunday · May 7, 1st Sunday · Jun 11, 2nd Sunday · Jul 9, 2nd Sunday · Aug 13, 2nd Sunday · Sep 10, 2nd Sunday · Oct 8, 2nd Sunday · Nov 5, 1st Sunday · Dec 10, 2nd Sunday Time: 10:00 AM Day: See Above Location: Whitehall Borough Bldg (off Rt.51) *********************** For information on Donating to or becoming a member of FOAC please click on the link below: http://www.foac-pac.org/membershipapp_pf.htm Coffee and Donuts will be provided Upcoming Events 1. Special Election – 30th District PA House APRIL 11th 2. April 28th FOAC Banquet. Holiday Inn Select/Ft. Couch Rd. – Res. Call (412) 279-1222 Cost- $30 per person It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs and comes up short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds, who knows the great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who know neither victory nor defeat." Theodore Roosevelt "Citizenship In A Republic" Speech, 1910

 

E-Newsletter & Meeting Notice For April 9th, 2006

 

Meeting Agenda-

 

 

Special Guest Speakers – None Scheduled

7.0 Treasurers Report

7.1     Presentation of the March 2006 Report

8.0 OLD BUSINESS

8.1              Third reading of Proposed bylaw change to Article XII "bylaw changes," clarifying the means of communicating proposed changes to the membership. -- Dennis Pavlik

9.0 NEW BUSINESS

9.1              Candidate review and preliminary approval of recommendations – Committee

9.2              Special Election April 11th – Mary Larcinese

9.3              March 14th Pro-Gun News Conference Overview. – Dennis Pavlik

9.4              Attorney General Tom Corbett Meeting. -- Kim Stolfer

9.5              Meeting with Rep. Mustio [PICS Problems] -- Kim Stolfer

9.6              New Legislation. -- Kim Stolfer

9.6.1        HB 2536 – End Gun Registration

9.6.2        SB 1156 – End Gun Registration

9.6.3        HB 2563 – Hunters & CCW

9.6.4        HB 2231 – Castle Doctrine

9.6.5        HB 1181 – PA Employees & CCW

9.7              Spring Banquet Plans (April 28th). – Herb Ohliger

9.8              Appropriation of Funds for Voter’s Guide expenditures -- Kim Stolfer

9.9              Erie FOAC Committee developments -- Kim Stolfer

 

Special Report:

 

‘Outrage’ Gun Group Sues NY-NJ Port Authority

by Dave Workman Senior Editor

Alleging violations of the Firearms Owners Protection Act (FOPA) and the wrongful incarceration of an inno­cent Utah gunowner, the Association of New Jersey Rifle & Pistol Clubs (ANJRPC) has filed a federal civil rights lawsuit against the Port Authority of New York and New Jersey and one of its officers.

The lawsuit, filed in US District Court for the District of New Jersey, seeks more than $3 million in damages for civil rights violations. The victim, and a plaintiff in the case, is Gregg C. Revell of Bountiful, UT. He was held for five days in early 2005 after having been ar­rested by the Port Authority police at the Newark Air­port with a firearm in his checked luggage.

During his incarceration, he was denied access to medi­cation for migraine headaches the entire time, injected against his will to test for tuberculosis, and for the next three days, he was held in the Essex County, NJ, jail with several other prisoners, some admitted murderers. Revell told Gun Week that nobody was searched.

New Jersey gun rights attorney Evan Nappen called Revell's arrest and incarceration "an outrage." ANJRPC President Scott Bach, also an attorney, told Gun Week, "When I heard this man's story, I became en­raged. I vowed to use every 'resource at my disposal to make sure this never happens again."

The problem, both Nappen and Bach said, is that this sort of thing has been happening for years to other people, perhaps not to Revell's degree.

Just what was Revell's alleged crime? He was arrested for having a firearm in New Jersey without a state li­cense. But, because he was in transit from Salt Lake City to the final destination of Allentown, PA, where he was going to pick up a car he had purchased, both Nappen and Bach maintain he was protected by FOPA, which clearly states, ". . . any person who is not otherwise pro­hibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a fire­arm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the pas­senger compartment of such transporting vehicle. . . . "

Revell's tale is a traveler's nightmare. Revell, a 57­year-old real estate broker and car sales hobbyist, mar­ried with eight children, is a law-abiding Utah resident with a spotless criminal record. He is licensed to carry a concealed handgun in the Beehive State.

On Mar. 31, 2005 he was flying alone from Salt Lake City to Allentown to retrieve the car he had bought, with the intent of driving it home across the country. When he checked his luggage at Salt Lake City, he declared the unloaded, cased handgun and ammuni­tion in his luggage as required by law. He said he took the gun for personal protection on his return road trip. The pistol was an AMT Backup chambered in .45 ACP, with a nylon holster inside the case.

After a stop at the Minneapolis/St. Paul, MN, airport, Revell's flight to the Newark, NJ, airport aboard a Con­tinental jet arrived 45 minutes late, causing him to miss his connection to Allentown.

Revell was told he would be on a later flight, leaving" Newark at 8 p.m., but after a five-hour wait at the air­port, he found himself being put on a bus that would drive him and other passengers to Allentown. It was then that he learned his luggage was not on the bus, so he went back to the Continental lost baggage area to reclaim his luggage, which was outside the airport's secure area. For some reason still not explained, his bag­gage had been checked through only to Newark, yet a subsequent check with the airline computer did show his bag had been checked to Allentown.

Having retrieved his bag, and learn­ing that there were no more connections to Allentown that night, he went directly to the Airport Sheraton Hotel, according to the lawsuit, a copy of which was ob­tained by Gun Week.

The next morning, he was back at the Newark airport where he once again, as required by law, declared his un­loaded, cased handgun in his luggage. He took the bag to the nearby Trans­portation Security Administration to have it screened, and found himself soon surrounded by several officers. They moved him away from other pas­sengers and began questioning him about the handgun and ammunition. He explained the travel troubles he had experienced, and that he was in tran­sit to neighboring Pennsylvania, and they arrested him for .possession of a handgun without a ,permit.

He was held overnight in the Port Au­thority jail and later transferred to the Essex County jail. While Revell de­scribed the Port Authority facility as clean and quiet, the county jail was abominable. For eight hours, Revell was held in a single cell with eventually 27 other prisoners. There was one clogged toilet that would not flush and was caked with vomit, he recalled.

He was given a stale sandwich and some kind of juice drink for nourish­ment. During the remaining three days he was held, for a total incarceration of 99 hours, he said the food was ined­ible, and he lost about 10 pounds. He suffered a 30-hour migraine, and be­came acquainted with admitted mur­derers, one of whom wanted to know how many people he had killed.

"I told him that I don't kill people," Revell recalled, "I'm a law-abiding citi­zen. And I asked him how many people he had killed, and he said `four."

‘Tip of Iceberg’

Revell finally secured his release for a $15,000 cash bail, was allowed to con­tinue his journey after having not bathed for five days, and eventually retained Nappen as counsel. He flew back to New Jersey for a court hearing and waited in the courtroom for more than an hour with Nappen and Bach, and the judge never showed up.

Nappen, he said, talked to an assistant prosecutor and got another court date, and on the very day that Revell was to have flown back to New Jersey a second time, he got a call from Nappen, who re­ported that the prosecutor's office had dropped the charges with an administra­tive dismissal.

But his firearm, ammunition and hol­ster, the gun case and locks have not been returned, and Revell wants his property back. Lewis Powell, an assis­tant Essex County prosecutor, assured Gun Week that Revell can get his pis­tol back, by "going through the formal­ity" of contacting the county prosecutor's office and filing the appro­priate paperwork.

Since the charges were dismissed against Revell, Powell "can see no rea­son" why the firearm would not be re­turned. He further stated that Revell can also petition the court to have the arrest expunged from his record.

Surprisingly, Powell confessed he was not aware of FOPA.

The case has enraged Bach, and Nappen believes this lawsuit could force an end to such arrests. Bach believes the Revell case represents "the perfect FOPA storm." That is, the plaintiff is "squeaky clean" and was victimized by an agency that ignored the protections built into FOPA to protect Americans traveling with firearms.

"We're going to teach the Port Author­ity of New York and New Jersey a lesson they're not going to forget," Bach pre­dicted, "and we're going to send a mes­sage to every other airport (and) every other law enforcement officer."

In addition to the Port Authority, the lawsuit names as an individual defen­dant the arresting officer, Scott Erickson.

"They need to understand what their responsibilities are and that there are consequences," Bach said. "New Jersey is one of the most anti-gun jurisdictions there is. Where better than to stand up ... and make them pay?"

Nappen called Revell's case "just the tip of the iceberg." Other travelers have been prosecuted under similar circum­stances, simply because they were follow­ing federal law by declaring their fire­arms at ticket counters in New Jersey or New York.

"There is no question that Mr. Revell suffered tremendously for no reason and for doing nothing wrong. . . . This man's

got damages," Nappen said. "He's been harmed beyond anything that might be considered an inconvenience. He was 100% righteous."

‘Can't Comment’

Because a lawsuit has been filed, Port Authority spokesman Mark Lavorgna told Gun Week he cannot comment on Revell's case. He did say the Port Author­ity employs 1,600 police officers, that it is independent from other law enforce­ment agencies in New York and New Jer­sey, and that officers have the authority to enforce state laws on Port Authority property. He maintains that the arrest­ing officer was, in the right, and that the agency would support his actions.

Port Authority officers do not have ju­risdiction off Port Authority property, however. Lavorgna also said that, be­cause the lawsuit has been filed and it might raise issues about how the Port Authority police handle situations, "Any­time an issue is made with a procedure, it is reviewed."

Likewise, Powell from the county prosecutor's office, told Gun Week that "I am going to make some recommenda­tions to a couple of people . . . that they look at (FOPA) and from there maybe do some training of the law enforcement personnel."

A review will hardly be good enough, though. Revell, who has since joined the National Rifle Association and plans to become a life member, explained in a very calm demeanor that he hopes this never happens to another person. For his part, Bach said the ANJRPC is part of the law­suit because it has members in other states who should never face such an ar­rest when they are protected by FOPA.

The Port Authority is aware of FOPA, which is detailed on the New Jersey State Police website. There, anyone who checks will learn that, "New Jer­sey laws governing firearms permits, purchaser identification cards, regis­tration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law."

Whether the argument will be made on "technicality" that Revell crossed the line because he took his luggage to an airport hotel and then returned the fol­lowing day to the airport remains to be seen. It evidently was not an issue for the Essex County Prosecutor, who dropped the charges.

Nappen estimated it might take as long as two years for this lawsuit to wind its way into a courtroom and be decided. In the meantime, there is no indication that the Port Authority police in New Jersey and New York are going to change their procedures. The New GUN WEEK, March 20, 2006

 

Armed Citizen Assists Cop in Louisiana, Kills Attacker

by Dave Workman Senior Editor

An armed Louisiana citizen who was wear­ing a neck brace and walking with a cane when he came to the aid of a police officer and fatally shot the attacker was not given credit for saving the cop's life, although law enforcement sources told Gun Week that no charges would be filed against the citizen.

The armed citizen, identified as Perry Stephens, was outside a business in Baton Rouge when the Feb. 17 altercation broke out between Officer Brian Harrison and the man who eventually died, George Temple II. Pulled over by Harrison for breaking into a funeral procession, the 24-year-old Temple reportedly attacked the motorcycle officer, who was call­ing for help when Stephens intervened.

Harrison had actually shot Temple once in the abdomen before Stephens opened fire, according to WAFB in Baton Rouge, and the Baton Rouge Advocate newspaper. The broadcast report said Temple had a criminal record, but it was not immedi­ately known why he fought the officer.

Subsequent reports said Temple was on probation for simple battery and simple damage to property, and that charges of simple battery, simple trespassing and

simple criminal property damage were pending. There was a handgun in his car, but he did not use it during the fight.

Stephens, who is licensed to carry a con­cealed handgun in Louisiana, fired four rounds into Temple's chest, and then shot him in the head when it did not appear the torso wounds were effective, and because Temple continued to ignore Stephens' com­mands to break off the fight and get off the officer, whom he had pinned to the ground.

A Baton Rouge police spokesman told Gun Week that Harrison was not as badly injured as first suspected, though he did apparently suffer contusions to the face. He was off-duty at the time, riding escort for the funeral procession, which is a com­mon practice, the spokesman said.

When Stephens first saw the fight, his .45­caliber pistol was in his vehicle. He retrieved the gun as Temple and Harrison fought, with the officer lying on his back and Temple on top of him. The newspaper said Harrison had called for help by that time.

Stephens reportedly ordered Temple to stop, and when he didn't, Stephens fired the first four shots. He continued moving toward the two combatants, issuing more verbal com­mands, and then fired the fatal head shot.

At a press conference two days after the incident, East Baton Rouge-Sheriff's spokes­man Col. Greg Phares and Baton Rouge Po­lice Chief Jeff LeDuff reportedly "stopped short of crediting Stephens with saving the officer's life," the television report said. Phares did say, though, that Stephens "at­tempted to place his shots in a way to mini­mize harm to the police officer since the two were so close," the newspaper reported.

The Baton Rouge police spokesman told Gun Week that the case is being investi­gated by the sheriff's department because the shooting actually happened literally yards outside the city limits, in the sheriff's jurisdiction. He also said the evidence would be turned over to the local district attorney, who may consider filing charges, or simply call a grand jury to investigate.

The case has infuriated gun rights activ­ists around the country. Geoff Beneze of Tempe, AZ, told Gun Week that he's not sur­prised the police officials would not give proper credit to Stevens for saving the officer.

"If they did that," he said, "they'd also be ad­mitting that CCW is beneficial to society on the whole. This is something (law enforcement), as a ‘corporate body’ does not wish to do."

Steve McPartland of Palm Harbor, FL, a former New Orleans resident, added that he thought it was "ungracious ... for Phares and LeDuff to decline to acknowledge Stephens' heroic part in the tale, but gentle­manly behavior seems rarer and rarer the higher one gets in cop hierarchies." The New GUN WEEK, March 20, 2006

 

New Orleans Finally Admit They Had Confiscated Guns

by Dave Workman Senior Editor

Months of denial came to an end in New Orleans on Mar. 15 when the attorney rep­resenting the city admitted to counsel for the Second Amendment Foundation (SAF) and National Rifle Association (NRA) that the police actually did have possession of hundreds of firearms that had been seized from residents following Hurricane Katrina last Summer.

It took a motion for contempt, filed in federal court, to jar the city from its long­standing contention that it did not have any firearms that had been taken from people without warrant or probable cause in the chaos that followed the hurricane and devastating flood. Attorneys Dan Holliday of Baton Rouge, LA, and Stephen Halbrook of Fairfax, VA, both told Gun Week that they were taken to a temporary police property facility in the city, where they saw more than 1,000 firearms. The guns were being stored in a double-wide trailer and large van, Halbrook said.

The city's stunning about-face came on the day that a federal judge was about to hear arguments on the contempt motion. SAF and NRA had earlier filed the motion because of a failure by the city to return calls or respond to other messages regarding the disposition of the seized firearms, and the lawsuit seek­ing a permanent injunction against such con­fiscations in the future.

It is still not clear who gave the original confiscation order, and finding that out­ and holding someone accountable-is not part of the SAF/NRA legal action, Halbrook explained. The thrust of the law­suit is only to prevent such gun seizures, and to secure the return of confiscated fire­arms to their rightful owners.

To that end, the city has agreed to post notice on its website about procedures to reclaim guns.

For Holliday, the revelation was stun­ning. He called the city's admission a "sig­nificant event."

SAF founder Alan Gottlieb went even far­ther upon learning of the stockpiled guns. "We're almost in disbelief," he stated. "For months, the city maintained it did not have any guns in its possession that had been taken from people following the hur­ricane. Now our attorneys have seen the proof that New Orleans was less than hon­est with the court.

"What happened in New Orleans after Hurricane Katrina was an outrage," Gottlieb added. "Equally disturbing is the fact that it apparently took a motion for contempt to force the city to admit what it had been de­nying for the past five months."

NRA Executive Vice President Wayne LaPierre has turned the New Orleans case into a campaign issue, reminding gunowners across the country to "Remem­ber New Orleans."

Won't Forget

It is not likely American gunowners will ever forget what happened in the Crescent City after last August's devastating storm and breached levees. As the city descended into chaos, police and fire services broke down, gangs of looters roamed freely through commercial and residential dis­tricts, and the relief effort was bound up by red tape and politics.

Amid the anarchy, then-Police Superin­tendent Edwin Compass announced that nobody would be allowed to have firearms, and that all guns would be seized. Squads of police, including scores of officers from all over the country who went to the city to help restore order, also roamed the city. But in addition to keeping the peace, they were specifically interested in taking guns from anyone who had them.

Citizens were stopped at roadblocks, in boats on Lake Pontchartrain, and con­fronted in their own homes and disarmed, often at gunpoint and sometimes with brute force. TV news footage of one such confiscation has become infamous. New Orleans resident Patricia Konie was gang tackled by members of a California High­way Patrol unit because she refused to leave her home, which was high and dry, and because she had an old Colt revolver.

Konie was injured in that incident and later needed surgery, according to her attorney, Ashton O'Dwyer. She was forcibly evacuated and her handgun has never been returned.

Alerted to the gun confiscations, SAF and NRA launched investigations that quickly became a joint operation. For more than a week, investigators for both groups were on the ground in the New Orleans area while attorneys prepared a case for the fed­eral court. In September, Judge Jay Zainey of the Federal District Court for the East­ern District of Louisiana issued a temporary restraining order to stop the confiscations.

It was a landmark victory, not only for its swiftness and because of the issue, but also because it marked a significant coop­erative effort by two of the nation's lead­ing gun rights organizations. Two months later, and just as significantly, NRA and SAF were back in court together again, this time with support from the Law En­forcement Alliance of America and Cali­fornia Firearms Retailers Association, to overturn the San Francisco gun ban.

About Face

From the outset, New Orleans authori­ties insisted they had not confiscated anyone's guns. This contention persisted over five months until the surprising turn­about came in March.

Just how many confiscated firearms the A city has was not clear. Halbrook told Gun Week that the estimate of 1,100 guns at the storage facility may not be accurate, and he said it is possible there are more firearms at various police substations around the city. New Orleans is still in the recovery stage, he said. Much of the city remains in ruins and the reconstruction effort is facing another looming hurricane season.

What brought the reversal of stories, though, appears to have been the motion for contempt. The administration of Mayor Ray Nagin had not been responsive to re­peated attempts by the NRA-SAF attor­neys to simply open a dialog on the origi­nal order. The motion not only asked the court to hold Nagin and Police Superin­tendent Warren Riley in contempt for fail­ing to comply with the temporary restrain­ing order, but also to require the city to return seized firearms to their owners.

At the time the motion was filed, LaPierre issued a statement recalling, "With looters, rapists and other thugs run­ning rampant in New Orleans, Ray Nagin issued an order to disarm all law-abiding citizens. With no law enforcement and 911 available, he left the victims vulnerable by stripping away their only means of de­fending themselves and their loved ones. Now Ray Nagin thinks he's above the law, and that's just wrong."

"If Ray Nagin and Warren Riley think this lawsuit, and the court order, will just go away by pretending they don't exist, they are sadly mistaken," Gottlieb added at the time. "The city of New Orleans has insisted that no guns were seized, and we know that's not true.... Mayor Nagin seems to be suffering from the same de­nial that possessed him before the hurricane hit, and in the days afterward when he blamed everyone else on the map for in his failure of leadership. We want Nagin and Chief Riley to appear in open court and testify under oath why they should not

be held in contempt. They have been given every opportunity to comply with the court order and they have done nothing. They are not above the law."

Facing a contempt hearing, the city suddenly acknowledged that there were "some guns."

Neither Halbrook nor Holliday indicated they were prepared to learn just how many guns the city had in lockup. Holliday said guns he examined were tagged, and it appeared the police have been creating a database to identify the guns and their rightful owners.

"It's a tad bit outrageous that we've gone this long," Holliday said. "They've been flat out denying they had anything and on the day of the hearing for our motion of contempt they found out they had a bunch of guns."

"While we are stunned at this complete reversal on the city's part," Gottlieb said, the important immediate issue is making sure gunowners get their property back. We're glad that the city is going to move swiftly to make that possible, and naturally we will do whatever is necessary to make this happen.” The New GUN WEEK, April 10, 2006

 

News Briefs:

 

IL State Trooper's NFA Testimony Ruled Admissible

An Illinois State Police trooper got no slack from a federal judge last month when the judge ruled that statements the cop made to a federal investigator about how he got hold of a full-auto rifle can be al­lowed as evidence in the trial against him.

Trooper James Vest allegedly acknowledged to an agent with the Bureau of Alcohol, Zb­bacco, Firearms and Explosives (ATF) that he had falsified a letter on state police letterhead to aid in the purchase of an illegal automatic rifle in 1998, according to The Belleville News Democrat. Vest is facing charges in US Dis­trict Court in East St. Louis, IL.

Vest reportedly sat in a room at State Po­lice headquarters in Collinsville with ATF Senior Special Agent Robert Nosbisch while a state police lieutenant stood outside. The door was open and Vest had not been searched or handcuffed, the newspaper said.

Vest faces charges with two other troop­ers, Greg Mugge of Jerseyville and John Yard of Collinsville, and Dr. Harold Griffiths of Spaulding. Griffiths has also been charged with illegal possession of an automatic rifle.

Belleville Police Chief Dave Ruebhausen had suggested the charges against the troopers be handled administratively, the newspaper reported. Ruebhausen had ar­gued that while the troopers were not above the law, it is believed there was no criminal intent. The New GUN WEEK, April 10, 2006

 

Barry Gets Probation

Troubles with the law keep badgering former District of Colum­bia Mayor Marion Barry who was sentenced to three years proba­tion on Mar. 9 in connection with charges that he failed to file federal or local tax returns for 2000, according to NewsMax.com.

The anti-gun Barry pleaded guilty last October under an agreement reached with federal prosecutors which required him to acknowledge his failure to file returns for the years 1999 through 2004.

Barry, 70, completed his fourth term as mayor in early 1999. While Barry has said he's unsure how much money he earned during the time period in question, he did not challenge claims by federal prosecutors that his income topped $534,000 dur­ing the five-year period.

US Magistrate-Judge Deborah A. Robinson declined to fine Barry, noting that the outstanding taxes he has agreed to pay are substantial.

Barry owes $195,000 in federal taxes and $54,000 plus penal­ties and interest in DC taxes.

The former mayor apologized to the court, to the citizens of the District of Columbia and to the citizens of the United States, and admitted that he has been in recovery for sub­stance abuse problems since Jan. 19, 1990, when he was vid­eotaped smoking crack cocaine in a downtown hotel room during an FBI sting operation. The New GUN WEEK, April 10, 2006

 

Sons Kill Dad in Gun Battle

From the "All in the Family" file comes a tale out of Kentucky that would be strange even by Arkansas standards.

According to WKYT in Lexington and Associated Press, Perry County resident Ray Adams, 44, was shot dead during a gun battle with his sons, identified as William Hensley, 24, and Allen Hensley, 18, and there was no explanation given as to why the sons had a different surname than their father.

Cutting to the chase, Adams and his offspring reportedly tangled in the parking lot of a liquor store on Mar. 10. It was the second confrontation between the trio that day, as Adams reportedly had attacked the boys earlier, using a baseball bat to smash dents in the van in which they were riding.

The deadly confrontation began when the sons beat feet across a creek from that liquor store to the home of a relative, where they armed themselves. Adams started shooting at the house with a shotgun, but the boys were armed with .30-cali­ber rifles and one of them shot Adams, who died at the scene.

As something of a postscript to this story, William Hensley was reportedly taken into custody on an unrelated outstanding war­rant from Leslie County. The New GUN WEEK, April 10, 2006

 

PETA Circus Suit Dismissed

A $1.8 million lawsuit accusing a circus boss of a spy campaign against animal-rights groups was rejected by jurors on Mar. 15, according to Associated Press.

People for the Ethical Treatment of Animals (PETA) had brought the civil lawsuit against Kenneth Feld, the president of Vienna, VA-based Feld Entertainment, which owns the Ringling Bros. circus and numerous other high-profile enter­tainment acts, including Disney on Ice.

The lawsuit contended Feld and other company executives stole sensitive documents and wiretapped the activities of Norfolk-based PETA and other groups.

Feld said after the verdict that PETA's accusation "flies in the face of logic."

PETA lawyer Philip Hirschkop called the outcome a "terrible injustice" and said he would appeal.

The two sides have been at odds for years. In opening argu­ments in February, PETA's lawyer contended Feld was in charge of an espionage campaign and stole items including donor lists. Feld's lawyer said nothing illegal was done, PETA was never harmed by any alleged actions, and the group was hypocritical because it frequently uses undercover operatives. The New GUN WEEK, April 10, 2006

 

Hitchhiker or Carjacker

A 500-pound moose crashed through the windshield of a car driv­ing on Route 12 late on Mar. 16 and ended up sitting in the pas­senger seat with its head sticking through the glass, according to Associated Press.

Emergency personnel had to cut the roof off the car to extricate the moose, which was later euthanized by state environmental police because of severe injuries, Leominster, MA, police Lt. Raymond Booth said.

The driver, Juleigh McDowell, 30, was able to get out of the car under her own power and escaped serious injury, police said. Police in Leominster, a city of about 38,000 residents about 40 miles west of Boston, had received reports of a moose in the area the same evening, Booth said. The New GUN WEEK, April 10, 2006

 

Pregnant NC Mother Shoots Home Intruder

An armed intruder confronted with a pregnant Cumberland County mother the afternoon of March 14, allegedly trying to rob her home. The incident ended in a shootout that left the invader dead.

Detectives say 23-year-old Crystal Strickland-9 months pregnant and mother of two small children-acted in self-defense.

"He broke into the apartment, she ran into the back bedroom where there were some children in the apartment to defend them, and when he entered into the bedroom area, shots were fired," said Debbie Tanna with the Cumberland County Sheriff's Office.

Strickland told authorities she did not know the armed man. Her two young girls were taking a nap when the violent encounter happened. The 3-year-old said she wasn't scared.

"I didn't get hurt," she said.

Residents in the area said they have noticed a pattern of break-ins-five in the last month, and most occurring in broad daylight.

"My house got robbed, the side door got kicked in," said neighbor Shawn Kilbourne. "They took some small things, including a pistol."

Kilbourne suspects the recent break-ins are related. He said if an armed man busted through his family's door, he would do the same thing his neighbor did.

Investigators are still trying to determine the identity of the home intruder. Detectives say that the case is still under investigation and that when it is complete it will be turned over to the district attorney who decides whether to file charges. The New GUN WEEK, April 10, 2006

 

Man Hacks Bus to Tavern

From the "He was Real thirsty" file comes the bizarre story of a Spokane, WA, man identified as Robert Frazier who hijacked a Spokane Transit bus at gunpoint Mar. 3, in order to get to a tav­ern, where he capped off a round before being taken into custody.

According to The Spokane Spokesman-Review and KREM 2 News, the gunman forced the bus driver to take him from the downtown bus center to the Special K Tavern. After he was inside, he fired a couple of shots, and was apparently talked into surrendering by some people inside.

Frazier stepped outside and was promptly arrested. Nobody was injured. The New GUN WEEK, April 1, 2006

 

Mayor Attends Bear ‘Funeral’

Richmond, VA, Mayor Doug Wilder, a former Virginia governor and staunch anti-gunner, attended a funeral for two black bears that were put down after one of them bit a small child at a bear habitat in a park.

According to Associated Press and The Richmond Times-Dispatch, the child was bitten Feb. 18 and both bears were killed on Feb. 23 following a conference between officials with the Department of Game and Inland Fisheries, the Richmond Public Health Department, the State Department of Health and officials from Maymont Park.

What happened next is the kind of thing they normally just dream up in Hollywood. After the deed was done, somebody trucked the bear carcasses out to a landfill and buried them. The discovery of the bears created considerable anger.

Once recovered, the bruins were laid to rest at Maymont Park, with Wilder in attendance. He later announced he would investi­gate the incident. The New GUN WEEK, April 1, 2006

 

Triple Murder-suicide in FL

Authorities in Eustis, FL, believe that the deaths of two local police officers and their wives on Feb. 5 was the result of a triple murder-suicide committed by one of the two cops.

According to Associated Press, Eustis Officer Mike Mount's wife, Kim, had stayed overnight at the home of Officer Joe Gomez and his wife, Serena. Children of both couples, and Serena Gomez's mother, were also at the home, but escaped unharmed.

Investigators believe the Mounts had a domestic argument, and that Mount went to the Gomez home where he shot his wife and the other couple before turning the gun on himself. The New GUN WEEK, April 1, 2006

 

MI Cop's Mouth Too Loose

Direct from the "Barney Fife" file comes the story out of Mount Pleas­ant, MI, where Officer David VanDyke learned that you need to be extra careful what you ask for from fellow cops, because they might deliver.

In this case, an award for Bonehead of the Year goes to VanDyke and his colleague Officer Ronald Langworthy. According to The Saginaw News, VanDyke handed Langworthy a handgun and ap­parently told him to "shoot nee." And that's exactly what Langworthy did, apparently ignoring the first rule of safe gun han­dling: "All guns are always loaded."

This all went down Feb. 21 but surfaced about two weeks later after Isabella County Prosecutor Larry Burdick reportedly declined to file a criminal charge after state police and the cops' bosses did an internal investigation and disciplined the pair.

VanDyke reportedly has blamed himself for the stunt that left him hobbling around on light duty.

Gun Week is not certain what kind of punishment both officers pulled for this stupidity, but we're betting it was no "cake walk." The New GUN WEEK, April 1, 2006

 

‘No Guns' Founder Nabbed

A former gang leader who started a violence-prevention center in Hawthorne, CA, has been arrested on a gun charge, according to Associated Press and KESQ television.

The name of the anti-gang center: "No Guns."

Police say they found 49-year-old Hector Marroquin Senior's firearm when they raided his home looking for his son, a reputed gang member. Hector Marroquin Junior, nicknamed "Little Weasel," was wanted in connection with a December home-invasion robbery in Hawthorne. The New GUN WEEK, April 1, 2006

 

Monitor Blocks Gun Repairs

One look at a mug shot of Orlando, FL, resident Robert Martin tells you that this guy is probably mean and tough.

He's also monumentally stupid. In fact, if there was an Academy Award for "Best Performance by an Idiot," Martin would be in the running, if not the winner.

According to WKMG in Orlando, this 28-year-old model citizen showed up at the Oak Ridge Gun Range in Orlando last month with a couple of handguns that needed to be repaired. Employees at the gun range couldn't help but notice that Martin was carrying another piece of equipment, an ankle monitor used to keep track of convicted criminals. They called the cops.

That turned out to be smart thinking, because Martin has been convicted of several felonies, and at the time of his visit to the gun range, he was supposed to be on home confinement, apparently due to several open felony investigations. But he's not there any­more, and those pistols he wanted to have repaired aren't going back to him, either.

Martin is now in jail, with no bail, and he is facing new charges, primarily being a felon in possession of a firearm. The New GUN WEEK, March 20, 2006

 

AR Cops Too Accommodating

If you get popped for a traffic violation in Jefferson County, AR, you might hope the arresting officer follows the example of Deputy Yohance Brunson.

According to Associated Press, Brunson hauled over one Cameron Zbston of Eudora and while he had this hombre in custody, he allowed Zbston to make a phone call to a family member for the purpose of coming and getting Zbston's car. After all, he wasn't going to need it, because as it turns out, he drove off' in Brunson's patrol vehicle.

Toston is a real model citizen, with outstanding warrants for drug violations. And just to prove he's a good sport about making a clean getaway, he left the cruiser on the side of the highway, near where he may have stolen another car. That second car was later found abandoned in Greenville, MS.

After Toston made the phone call, he waited with the lawman until the family member arrived. When Brunson got out of the patrol car to speak to Toston's relative, the prisoner became the fugitive and roared off down the highway. The New GUN WEEK, March 20, 2006

 

SWAT Team Rip-off in Texas

From the "Only Cops Should Have Guns" file comes a report out of San Antonio, TX, where an officer with a SWAT Team from Vir­ginia Beach, VA, came up short some guns, a badge and laptop computers.

According to KSAT News in San Antonio, the unidentified cop had just put some of the gear in his vehicle and returned to his hotel room to retrieve more equipment when the theft occurred on Feb. 13. San Antonio cops are looking for the firearms especially, indicated spokesman Gave Trevino, who said the rip-off took only a few seconds. The New GUN WEEK, March 20, 2006

 

Pol Wants Cops to ‘Wound'

From the "Maim Them, Don't Kill Them" file comes a gem that could only originate in New York State, where a liberal state sena­tor is pushing legislation that would require Empire State police officers to shoot only to wound criminals, not kill them.

State Sen. David A. Paterson (D-Harlem) has proposed this stat­ute before, but his press secretary, Jim Plastiras, told Gun Week that, because the Republicans control the legislature, this bill has never before made it out of committee. New York cops evidently could not be happier, according to The New York Daily News.

That newspaper quoted John Grebert, director of the New York State Association of Chiefs of Police, who stated, "This bill shows absolutely no understanding of just how difficult it is for a police of­ficer when they get into situations requiring the use of deadly force."

"Winging" criminal suspects typically only happens on televi­sion or theater screens. In real life, police are taught to shoot for the center of mass when they have to employ lethal force.

Paterson was supposed to be meeting with police officials to dis­cuss his proposal, Plastiras said. The New GUN WEEK, March 20, 2006

 

News Story Links:

 

2006/03/30 Lawmaker Loses Phone Tape Appeal

A federal appeals court upheld a lower court ruling that found Rep. Jim McDermott (D-Wash.) violated federal law when he turned over an illegally taped phone conversation of House Republican leaders to reporters nearly a decade ago. http://www.washtimes.com/national/20060329-120349-6059r.htm

 

2006/03/30 Toronto Mayor Blames U.S. Gun Laws (Again)

In what has become a familiar refrain, Toronto Mayor David Miller is blaming the inability of his administration to reduce crime on the U.S. http://toronto.ctv.ca/servlet/an/local/CTVNews/20060329/guns_miller_us_060329/20060329?hub=TorontoHome

 

2006/03/29 Congress Told Of More ATF Abuses

In a hearing before a House Subcommittee, House members heard witnesses testify about their unjust treatment by BATFE and provide recommendations for reform of ABTFE procedures. http://www.cnsnews.com/ViewNation.asp?Page=%5CNation%5Carchive%5C200603%5CNAT20060329a.html

 

2006/03/29 Mississippi Law Expands Self-Defense

Gov. Haley Barbour has signed into law a bill that expands a person`s right to claim self-defense against intruders to an individual`s car, business and the vicinity of the business. http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20060328/NEWS/60328010

 

2006/03/29 Aggressive PETA Faces Backlash

PETA is "fiendishly creative, diabolically media-savvy and almost always wrong," said David Martosko, research director for the nonprofit Center for Consumer Freedom, a Washington-based coalition of restaurants, food companies and consumers promoting personal responsibility and choice. http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1137835009949&path=%21news&s=1045855934842

 

2006/03/29 Alabama Passes Castle Doctrine Legislation

The Alabama House gave final passage March 28 to legislation to expand the instances where a person can kill someone to protect a home or vehicle. http://www.timesdaily.com/apps/pbcs.dll/article?AID=/20060328/APN/603281112&cachetime=5

 

2006/03/28 FEC Leaves Web Political Speech Alone

The Federal Election Commission voted 6-0 March 27 in favor of campaign-finance rules that will leave political speech on the Internet mostly unregulated. The rules approved by the FEC will give Web sites, blogs and e-mails the same exemption that is provided to newspapers that cover political campaigns. That means bloggers can promote or criticize federal candidates and issues without fear of financial penalty. http://www.washtimes.com/national/20060327-101937-9324r.htm

 

2006/03/28 Self-Defense Bill Passes Senate

Alaska took a step toward making it easier for residents to use deadly force against people threatening to hurt them with a proposed change in the self-defense law that passed the state Senate on March 27. http://www.adn.com/news/government/legislature/story/7573117p-7484417c.html

 

2006/03/28 Pleading Self-Defense

A local D.C. official proposes a controversial solution to her community’s crime problem: guns. http://www.worldmag.com/articles/11675

 

2006/03/28 Self-Defense Bill Goes Before Alabama House

The Alabama House will try to pass a bill that expands the criteria for when a person can use deadly force to protect a home or vehicle. http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060328/NEWS02/603280338/1009

 

2006/03/28 Lawmakers Call On Feds To Release Gun Data

Sen. Robert Menendez and Rep. Steve Rothman, both Democrats from New Jersey said March 27 they will one again introduce proposals to make public data that is collected about firearms used in crimes. http://www.pressofatlanticcity.com/news/newjersey/story/6079231p-6078844c.html

 

2006/03/27 Self-Defense Bill Gets Final Legislative Approval

Georgians would be free to defend themselves against muggers, carjackers and other attackers without fear of being prosecuted or sued under a National Rifle Association-backed bill that won final legislative approval March 24. http://www.ajc.com/news/content/metro/stories/0325legforce.html

 

2006/03/27 Right-To-Carry OK In Kansas

Wisconsin is now one of three states that prohibit carrying, after the Kansas House March 23 overrode Democratic Gov. Kathleen Sebelius` veto of a carry bill. That fact is certain to be hit hard the next time lawmakers seek to overturn Wisconsin’s 153-year-old ban on carrying, likely next year. http://www.madison.com/wsj/home/local/index.php?ntid=77651&ntpid=2

 

2006/03/27 Florida Considers Protection Of Workers Firearms Rights

The fast-moving Florida Legislature takes up one of the most heavily lobbied issues of its 2006 session this week. At issue: a bill allowing people to keep firearms locked in their cars at work. http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20060327/CAPITOLNEWS/603270321/1010

 

2006/03/27 Enough Is Enough

"Working at a convenience store is one of the more dangerous jobs in America. In fact, four times as many store clerks are killed on the job as firefighters," write John Stossel and Frank Mastropolo. "Crime is down in America, but there is still an average of 100 convenience store robberies every day. Some clerks like Eric Piva are getting fed up." http://www.abcnews.go.com/2020/story?id=1761046&page=1

 

For more information on how YOU can help elect pro-gun legislators to office please go to www.foac-pac.org.

For membership information please go to this link - http://www.foac-pac.org/membershipapp_pf.htm

 

Firearms Owners Against Crime is a registered political action committee dedicated to representing gun owners and sportsmen interests throughout Pennsylvania.  Founded in 1994 FOAC is committed to the preservation of our Constitutional Rights under Article 1, Section 21 of the Pennsylvania Constitution's "Declaration of Rights" and the Second Amendment of the U. S. Constitution and effective public policy in the prosecution of criminals.  FOAC teams with other pro-gun organizations and works to preserve the fundamental Constitutional Right to Keep and Bear Arms.

 

Directions to FOAC

For More Information--phone 412-221-3346.

 

Commonwealth of Pennsylvania Constitution -- Article I, Section 21, Declaration of Rights

The right of the citizens to keep and bear arms in defense of themselves and the state shall not be questioned.

U.S. Constitution -- Amendment II

A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

 

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