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utah-firearms-digest      Tuesday, July 21 1998      Volume 02 : Number 088




----------------------------------------------------------------------

Date: Fri, 17 Jul 1998 13:09:17 -0600
From: [e-mail] (Charles Hardy)
Subject: [[e-mail]: July 19 column - gun registration]

- ----BEGIN FORWARDED MESSGE----

    FROM MOUNTAIN MEDIA
    FOR IMMEDIATE RELEASE DATED JULY 19, 1998
    THE LIBERTARIAN, By Vin Suprynowicz
    They're 'shocked, shocked,' at the FBI's plans

    Nearly every day, it seems, my e-mailbox is flooded with emergency
dispatches from well-meaning but breathless defenders of the Second
Amendment, urging all their friends to write or e-mail the appropriate
congresscritter in opposition to whatever new piece of chicanery the
gun-grabbers have got up to (three-day waiting periods to buy long guns,
$16 background checks before a gunsmith can return your repaired weapon,
1000 percent ammunition taxes, jail sentences for gun owners whose guns are
(start ital)stolen(end ital) and used in teenage crimes, et bleeping
endless cetera.)

  Either that, or I'm supposed to frantically weigh in at the latest
on-line media poll asking "Do we need more gun control" ... with the
results thrown out and never publicized, of course, should the majority --
as usual -- answer "No."

  Last week, a pair of faithful correspondents advised:

  "Senator Smith,  R-New Hampshire, is apparently attempting to put the
brakes on the FBI shenanigans regarding the Brady Law. One of his proposals
is to defund the ability of the FBI to tax gun owners; another is to defund
any attempt by the FBI to use Brady 'instant check' as a mechanism to keep
gun owners' names, and requires 'immediate destruction of all (gun buyer)
information in any form whatsoever.' Another is to allow aggrieved citizens
to sue the agency and collect damages and attorneys' fees. He needs to hear
from lots of people that he is supported in his stand. Please take the time
to e-mail or fax a letter to him."

  I've actually been lobbied on the phone by some gun rights advocates I
respect, this week, ensuring me Sen. Smith is the closest thing to a friend
freedom-lovers have in the Senate, and insisting his proposal could indeed
strike a solid blow for the Second Amendment, by giving citizens some
standing to get into court and challenge the coming national background
checks (and resultant national gun registration -- precursor to
confiscation in Nazi Germany, in Australia, everywhere it's been tried.)

  Maybe Sen. Smith means well. I don't know.

  Regardless, I've had enough of this game. I replied to my well-meaning
correspondents:

    #   #   #

  Hi, guys --

  Pardon me, but I grow tired of running first one way, then another, on
treadmills erected by others.

  "Requiring immediate destruction of all (gun buyer) information in any
form whatsoever" is too ridiculous for even a child to fall for.

  Let's say these national background checks for ALL gun sales go into
effect Dec. 1, as scheduled. But the FBI is absolutely forbidden by law to
keep any such records, ironclad, cross our hearts and hope to die.

  Now, a weapon is found at a crime scene. (Notice the careful phrasing.
Most "weapons found at crime scenes" are stolen and thus untraceable. Few
were actually used in any crime, since shooters tend to carry their guns
away with them, rather than dropping these expensive tools like candy
wrappers. If your loser brother-in-law is rousted out of bed at 3 a.m. and
the cops find a bag of marijuana in his cereal box, then your grandfather's
First World War souvenir Mauser in the attic becomes a "weapon found at a
crime scene.")

  Using the national gun registration computer data bank which they have
illegally established in West Virginia, the FBI traces the owner -- you --
and you admit the weapon was "borrowed" by your loser brother-in-law. You
are then arrested along with him, on charges you "allowed a deadly weapon
to fall into unauthorized hands ..."

  What happens? The suspects are set free -- the evidence and all
subsequent confessions disallowed under the "exclusionary rule" -- because
the G-men violated the "no gun registration data-bank" law, while the G-men
(up to and including Louis Freeh) are indicted, tried, convicted, and
locked up in small cells with roommates named Butch. Right?

  Oh, sure. And if you believe this, I can also sell you an address where
you can send care packages at the federal penitentiary in Lewisburg, where
Lon Horiuchi and everyone up the 1992 FBI chain of command are now doing
their 30-year sentences for the murder of Vicki Weaver.

  No, I am not going to express any support for a suit who claims he is
"shocked, shocked to learn" that the FBI and BATF are proposing to violate
our Second Amendment rights ... while snickering behind his hand that any
attempt to DISBAND the FBI and BATF, and to REPEAL the Brady Bill (along
with the Firearms Acts of 1934 and 1968) would be "extreme,
counterproductive, and politically unfeasible."

  The simpering Tories. Let our GOP senators filibuster any bills that come
before the Senate, until they win a straight up-and-down recorded voice
vote on REPEAL OF THE BRADY ACT. Nothing else will draw any "fan letters"
from me.

  We're being played like a wheezing calliope, here. We're being set up to
"thank" our masters when they "reluctantly" agree that our gunsmiths won't
have to do a $16 background check on us when they return our repaired
hunting rifles ... THIS year. And this process has now been going on for 65
YEARS! My CAT can figure out there's no way to get the little bell out of
the cat toy faster than that.

  Next time: what to do.


Vin Suprynowicz is the assistant editorial page editor of the Las Vegas
Review-Journal. Readers may contact him via e-mail at [e-mail].

***


Vin Suprynowicz,   [e-mail]

"The right of self-defense is the first law of nature; in most governments
it has been the study of rulers to confine this right within the narrowest
limits possible.  Wherever standing armies are kept up, and when the right
of the people to keep and bear arms is, under any color or pretext
whatsoever, prohibited, liberty, if not already annihilated, is on the
brink of destruction." -- Henry St. George Tucker, in Blackstone's 1768
"Commentaries on the Laws of England."



- ----END FORWARDED MESSAGE----

- --

Charles C. Hardy        | If my employer has an opinion on
<[e-mail]>            | these things I'm fairly certain
801.588.7200 (work)        | I'm not the one he'd have express it.

"As civil rulers, not having their duty to the people duly before them,
 may attempt to tyrannize, ... the people are confirmed by the next
 article in their right to keep and bear arms." -- Tench Coxe in "Remarks
 on the First Part of the Amendments to the Federal Constitution",
 Federal Gazette, June 18, 1789

- -

------------------------------

Date: Fri, 17 Jul 1998 13:10:42 -0600
From: [e-mail] (Charles Hardy)
Subject: [[e-mail]: July 21 column - gun control]

- ----BEGIN FORWARDED MESSGE----
    FROM MOUNTAIN MEDIA
    FOR IMMEDIATE RELEASE DATED JULY 21, 1998
    THE LIBERTARIAN, By Vin Suprynowicz
    Like a soccer team with only one player - the goalie

    Last time, I was detailing the way cynical "pro-gun-rights" Republican
congressmen play naive freedom-lovers for fools.

  The "bad cop" half of the Incumbent Republicrat Party propose 10 new
infringements on our Second Amendment rights, and pass three, and our
"heroes" get our campaign contributions and our votes for "fighting the
good fight" and "turning back the worst seven parts of that darned,
terrible gun-grabbers' package" ... which only turn up again next year, in
a NEW set of 10 insults to the Bill of Rights, of which only three MORE
will subsequently be endorsed by the lying GOP and their gun club
affiliate, the NRA, as "the best compromise we're likely to get this year
..."

  Meantime, folks on our side run themselves ragged until they finally lie,
motionless, stupefied, and resigned, in a fetal position, like the rat
who's been shocked the past 10 times he tried to eat the food.

  I'm already hearing it: "Don't bother fighting the Moynihan 1000 percent
ammo tax. I'm told that one's going nowhere." Just go to sleep, little
ones. The bogeyman will never REALLY come. They wouldn't dare add THAT as a
rider to some highway bill in the final hours of the session ...

  Duh.

  The "pro-gun-rights" Republican party has been in charge of both houses
of the United States Congress for three-and-a-half years. In the so-called
Contract with America, Newt Gingrich promised a straight up-or-down voice
vote on repeal of the Brady Bill. It's the only promise he never even
(start ital)tried(end ital) to keep. Why? Because he knows all gun owners
will reflexively vote Republican in 1998, regardless. So why endanger the
support of any marginal, socialist, pro-big-government, urban voters to
please us? We're not "in play." We can safely be ignored.


    #   #   #

  Haven't you ever wondered why the "good guys" never submit a bill which
would repeal 10 bad gun control laws, and then "settle for a compromise" in
which the Democrats and Handgun Control endorse three of the 10 as the
"least harmful," whereupon the next year the forces of freedom re-integrate
the seven remaining steps toward restored Secopnd Amendment freedom in a
NEW list of 10 bad gun laws to be repealed, making the OTHER side scramble
around trying to block seven out of 10?

  With all the money the National Rifle Association has raised, and all the
"B-plus and better" rated "pro-gun congressmen" we've elected, how come we
never see Handgun Control on the defensive, running around firing off
desperate e-mails to (start ital)their(end ital) members, going "Ohmygosh,
34 different bills have been introduced this session, attempting to close
down the BATF and effectively re-legalize the public carry of machine guns
without a permit ... even in federal courthouses and airports! Help! Help!
They keep slipping in funding for free distribution of surplus machine guns
as riders on farm bills! The DCM is now authorized to sell surplus
full-auto M-14s, BARs, and water-cooled 30-caliber Brownings for $100 to
anyone who sends in a postcard, with an automatic waiver of the $200
'transfer tax.' And we didn't even know about it; turns out it was buried
at page 666 of the Equal Rights for Blind Ambulance Drivers bill. Oh, what
ever shall we do?!"

  How come it never works THAT way?

  Unless, maybe, there AREN'T any good guys.

  Duh.

  Gun owners -- anyone who cherishes the Second Amendment and the Bill of
Rights -- have to stop running this treadmill, immediately. Just step off.
Stop donating to Republicans or to the NRA (sponsor of both the Brady Bill
and the Gun Control Act of 1968). Let them know your vote isn't "a given."
When you can, give your money and your votes to radically
pro-Bill-of-Rights Libertarians, and to the Milwaukee-based Jews for the
Preservation of Firearms Ownership (414-769-0760.)

  Failing that, fund and vote for a DEMOCRAT (at least they're reliably
pro-choice on ONE issue), while advising the GOP candidate (and the local
newspaper) in writing that you are doing so to punish the Republican party
for not repealing the Brady Bill, and the National Firearms Acts of 1968
and 1934, which they have the votes to do, TODAY.

  Tell them: "I'd rather vote for an honest gun-grabbing socialist, than
for a lying Nerf Republican who won't even stay bought."


Vin Suprynowicz is the assistant editorial page editor of the Las Vegas
Review-Journal. Readers may contact him via e-mail at [e-mail]. The web
site for the Suprynowicz column is at http://www.nguworld.com/vindex/. The
column is syndicated in the United States and Canada via Mountain Media
Syndications, P.O. Box 4422, Las Vegas Nev. 89127.

***


Vin Suprynowicz,   [e-mail]

"The right of self-defense is the first law of nature; in most governments
it has been the study of rulers to confine this right within the narrowest
limits possible.  Wherever standing armies are kept up, and when the right
of the people to keep and bear arms is, under any color or pretext
whatsoever, prohibited, liberty, if not already annihilated, is on the
brink of destruction." -- Henry St. George Tucker, in Blackstone's 1768
"Commentaries on the Laws of England."



- ----END FORWARDED MESSAGE----

- --

Charles C. Hardy        | If my employer has an opinion on
<[e-mail]>            | these things I'm fairly certain
801.588.7200 (work)        | I'm not the one he'd have express it.

"As civil rulers, not having their duty to the people duly before them,
 may attempt to tyrannize, ... the people are confirmed by the next
 article in their right to keep and bear arms." -- Tench Coxe in "Remarks
 on the First Part of the Amendments to the Federal Constitution",
 Federal Gazette, June 18, 1789

- -

------------------------------

Date: Fri, 17 Jul 1998 13:36:18 -0600
From: "David Sagers" <[e-mail]>
Subject: Fwd: RE: Illinois Incident

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ET phoned in with:

>If and when you get the chance, you might try a bit of historical
research on the subject of firearms law of your State.
>What I'd really care to know is does your State Constitution have a
firearms specific Right built in

http://www.leg.state.fl.us/citizen/documents/constitution/const96.html#A
01S08

"SECTION 8. Right to bear arms.--(a) The right of the people to keep and
bear arms in defense of themselves and of the lawful authority of the
state shall not be infringed, except that the manner of bearing arms may
be regulated by law."

>and if not, when did the first firearms law first appear?
>And if so, the same question.

This was the earliest reference I could find.

>From http://www.nra.org/crimestrike/csrace.html

"1825 Florida - Slave and free black homes searched for guns for
confiscation. 'An Act to Govern Patrols,' 1825 Acts of Fla. 52, 55 -
Section 8 provided that white citizen patrols 'shall enter into all
negro houses and suspected places, and search for arms and other
offensive or improper weapons, and may lawfully seize and take away all
such arms, weapons, and ammunition....' Section 9 provided that a slave
might carry a firearm under this statute either by means of the weekly
renewable license or if 'in the presence of some white person.' (Id.)"

Racism at it's finest, if you will.

Ken Grubb
Miami, FL



- -

------------------------------

Date: Fri, 17 Jul 1998 16:35:33 -0600
From: "David Sagers" <[e-mail]>
Subject: Utah Reps Fair Poorly

www.gunowners.org
Jul 1998=20


Did Your Representative Support Your Gun Rights?

Those persons elected to Congress must be held accountable for their =
actions while in office. A major function of advocacy groups such as GOA =
is to make voting records available to members and supporters, because few =
people have the time to track down this information on their own.=20

Yet, it is imperative that individuals know how their rights are treated =
by those elected to represent them. This becomes particularly important =
when decisons must be made whether or not to continue to support a Member =
of Congress financially.=20

Actions truly speak louder than words. Below you will find descriptions of =
7 actions by the House of Representatives, 105th Congress, followed by =
every Member's record.=20

- ------------------------------------------------------------------------


1.Get the U.S. out of the Anti-gun U.N. On June 4, 1997, the House =
defeated a pro- gun amendment, by a vote of 369-54, to pull the United =
States out of the anti-gun United Nations. Rep. Ron Paul (R-TX), who =
introduced the amendment as a rider to the State Department authorization =
bill (H.R. 1757), stood up for gun owners' rights, stating that, "Our =
Constitution does not give us the authority to sell our sovereignty to an =
international government body . . . [and] does not allow us, for instance, =
to undermine the Bill of Rights." In recent years, the U.N. has been =
quietly moving to "harmonize" gun control laws worldwide and is seeking =
ways to lead member states (like the U.S.) down the road to stricter gun =
control laws. A vote in favor of the Paul amendment is rated as a "+".=20

2.Mandatory Jail Time for Self-Defense? On February 24, 1998, an overwhelmi=
ng majority of the House voted with anti-gun Rep. Chuck Schumer (D-NY) for =
legislation (H.R. 424) that could empower anti-gun prosecutors to punish =
gun owners who use a gun in self-defense. This bill is supposedly aimed at =
punishing so-called gun crimes with mandatory jail sentences. The problem =
is that under certain conditions, these "gun crimes" could easily send one =
who uses a gun in self-defense to prison for a MANDATORY MINIMUM sentence =
of 20 years. These types of laws have already become a problem at the =
state level. For example, The New Gun Week (in August of 1997) reported =
how one Arizona jury was outraged to find that their slap on the wrist for =
a woman who accidentally shot a crook in the back resulted in a mandatory =
minimum sentence of three years - for the woman! Under H.R. 424, this =
MANDATORY MINIMUM sentence would increase to 20 years if the federal =
authorities were at all able to assume jurisdiction over the case. GOA has =
argued that jurors - not legislators in Washington, D.C. - can best =
differentiate between the real thug that deserves 20 years in jail, and =
the nervous store clerk who is prosecuted because she fired her gun just =
as the attacker turned his body. The House voted 350-59 in favor of H.R. =
424. A vote against the bill is rated as a "+".=20

3."Seven Anti-gun Clones of Schumer" Act. On March 4, 1998, the House =
narrowly passed a bill that, if enacted, could easily send at least seven =
new anti-gun Congressmen to Washington, D.C. H.R. 856 would set the wheels =
in motion to make Puerto Rico the 51st state - a scenario that is a =
definite concern to gun owners since the island's gun laws mirror those of =
New Jersey and New York City. One must have a license to buy and own a =
firearm in Puerto Rico. And criminal penalties exist for all kinds of =
firearms - including pistols that only fire blanks! If New York City and =
New Jersey can elect anti-gunners like Rep. Chuck Schumer and Sen. Frank =
Lautenberg, then one can be pretty sure that an anti-gun state of Puerto =
Rico would send militant, anti-gun lawmakers to Washington. The House =
passed H.R. 856 by a razor-thin 209-208 vote. A vote against the bill is =
rated as a "+".=20

4.Citizen's Self-Defense Act (H.R. 27). Rep. Roscoe Bartlett (R-MD) has =
introduced this bill to protect individuals who successfully defend =
themselves or others from a violent attack, only to find themselves in the =
clutches of anti-gun prosecutors. H.R. 27 would give gun owners recourse =
in court if they are wronged by anti-gun and perhaps politically motivated =
prosecutors. Cosponsors of this bill have been given a "+".=20

5.Repeal of the Lautenberg Domestic Gun Ban (H.R. 1009). Representative =
Helen Chenoweth (R-ID) introduced this bill to repeal the Lautenberg gun =
ban that passed in 1996. This ban imposes a lifetime gun ban on those who =
have committed minor infractions in the home - "offenses" as slight as =
shoving a spouse or spanking a child. This gun ban, which applies =
retroactively, does not even require that a jury try a person before one =
loses his or her gun rights. Cosponsors of this bill have been given a =
"+".=20

6.Repeal of the 1994 Clinton Magazine and Semi-Auto Ban (H.R. 1147). This =
bill, sponsored by Rep. Ron Paul (R-TX), would repeal the ban on more than =
180 types of firearms, the ban on magazines holding more than 10 rounds, =
and the unprecedented restrictions upon gun dealers that have helped drive =
50% of the gun dealers out of business. Cosponsors of this bill have been =
given a "+".=20

7.Repeal of the Brady Registration Act (H.R. 2721). Rep. Ron Paul (R-TX) =
also introduced this pro-gun bill, otherwise known as the "Second =
Amendment Protection Act." This bill repeals the Brady Law (with its =
waiting period and instant "registration" check); the Clinton 1994 ban on =
semi-automatics and gun magazines; and the "sporting purposes" test from =
federal law - a test which has been used by Presidents Bush and Clinton to =
ban the importation of many semi-automatic firearms. Cosponsors of this =
bill have been given a "+".=20

- ------------------------------------------------------------------------

KEY: + Favorable,  - Unfavorable,  ? Not voting,  P Present,  O Not then a =
member.=20
                                              1    2    3    4    5    6   =
 7
- ---- Utah=20
 1 HANSEN (R-UT)                -    -     +     -     -    -     -
 2 COOK (R-UT)                     -    -     +     -     -    -     -
 3 CANNON (R-UT)                -    -     -     +    +    -     -

- -

------------------------------

Date: Sun, 19 Jul 1998 15:44:33 -0600
From: "David Sagers" <[e-mail]>
Subject: Fwd: Poll (fwd) - Should Clinton be impeached?

Should Clinton be impeached?
Vote at http://www.palmettojournal.com=20




- -

------------------------------

Date: Mon, 20 Jul 1998 18:53:37 -0600
From: "David Sagers" <[e-mail]>
Subject: Fwd: FEAR: IRS Arming for WAR???

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From: "R. J. Tavel, JD" <[e-mail]>
Subject: FEAR: IRS Arming for WAR???
Cc: [e-mail]
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[NOTE:  THIS IS SOMETHING TO WRITE=20
TO YOUR CONGRESSCRITTERS ABOUT!

Just ask them why this is being done, and if it is disinformation,=20
ask them why it is deemed necessary. =20

Below is an example of one such letter to the GA reprobates. =20

You can find your reps from any of the five sources for lists of same=20
located at UP YOURS CONGRESS!
http://freedomlaw.com/upyours.html   =20

I am sure that Lis-LEAFers will place this message next to the one
about the raid just made in LA on author Lynne Meredith.
SRJ]

From:                   "Edwin Clements" <[e-mail]>
**********************************************
>Date: Mon, 20 Jul 1998 10:05:16 -0700
>To: [e-mail], [e-mail],
>      [e-mail],=20
        [e-mail]
>From: Richard Bachert <[e-mail]>
>Subject: IRS Arming for WAR???
>
>Gentlemen, =20
>It has come to my attention that IRS agents have been instructed to arm
>themselves with semi-automtic weapons and that the IRS is contracted=20
with several vendors to obtain various specialized weapons and covert
>surveillance materials.
>
>Please see:
>http://www.treas.gov/sba/irssic.html
>
>For example, Remington Model 11-87 Shotguns (a $200,000 contract) are a
>special model made exclusively for the IRS, holding 8 cartridges=20
instead of
>the normal legal limit of 3.
>
>This page also documents contracts for equipment and services such as:
>
>* Clock/Radio Audio Video Transmitters; $200,000; General Microwave
>Service, Inc.
>* Semi-automatic Handguns; $1,000,000; Sigarms, Inc.
>* Subminiature Audio Recorders & Playback Units; $1,000,000; Nagra USA *
>Purchase and Support of Data Encryption Radios; $50,000,000;=20
Motorola, Inc.
>
>Why does Congress allow the IRS to arm so many of its agents so heavily
>against American citizens? Is it really necessary for the IRS to spy on
>American citizens? Is this part of the IRS reform legislation that was
>recently passed to make the IRS more responsive to taxpayers?
>
>Also, this listing of current IRS contracts is posted under the SBA=20
(Office
>of Small and Disadvantaged Business Utilization) section of the=20
Treasury's
>website. This implies to me that huge corporations such as Motorola,
>Unisys, AT&T, Pacific Bell, and Remington are being treated as small=20
and
>disadvantaged businesses. Is this correct? If so, why?
>
>And you can solve these IRS related problems and the increasing=20
pressure to
>squeeze Americans -- and their freedoms -- by moving to the National=20
Retail
>Sales Tax! Instead of attempting to intimidate and strong arm Americans=20=

with
>intrusive and abusive tactics -- all of which increase the growing gap
>between citizens and "their" (allegedly) government),  those 110,000=20
IRS
>employees could get REAL jobs.  Guarding our southern border springs =
to=20
mind. =20
>
>"Those who prevent PEACEFUL CHANGE invite violent revolution." =20
>
>Your words, Newt, during a recent speech!
>
>I will appreciate your inquiry into these matters as my U.S.=20
Representative.
>
>Sincerely,
>Dick Bachhert
>4053 Glen Meadow Dr.
>Norcross, GA 30092 (IN THE HEART OF THE 6TH DISTRICT)
>770-449-6690

*****************************************

EXISTING CONTRACTS
 INTERNAL REVENUE SERVICE=20
National Office:=20
Jodie Paustian or Michelle James=20
[phone]

Northeast Region:=20
Deborah Paulin-Foster [phone]

Southeast Region:=20
Peggie Lynch [phone]

Midstates Region:=20
Marguerite Overs [phone]

Western Region:=20
Jim Gensler [phone]

Martinsburg Computing Center:=20
Linda Miller [phone]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
* NOTICE: In accordance with Title 17 U.S.C. Section 107,=20
this material is distributed without profit to those who have=20
expressed a prior interest in receiving the included information=20
            for research and educational purposes.

         Liberty's Educational Advocacy Forum=20
                   http://freedomlaw.com=20
promotes "action that raises the cost of State violence=20
for its perpetrators . . . lay(ing) the basis for institutional=20
                   change." [Noam Chomsky] =20

Dr. Tavel's Self Help Clinic and Sovereign Law Library
             http://drtavel.com/selfhelp.htm
Not a high-tech law firm brochure, because  "a lawyer is=20
only as smart as you make him" [Max Katz]  and "the Law=20
. . . should be accessible to every man and at all times." =20
                              [Franz Kafka]

                For Liberty in Our Lifetime,=20
R.J. Tavel, JD, Tavel & Stewart, Public Interest Law Firm,=20
   Bringing you "a whole new boutique of wonderful First=20
   Amendment litigation."  http://freedomlaw.com/T&S/ =20


- -

------------------------------

Date: Mon, 20 Jul 98 18:44:00 -0700
From: [e-mail] (SCOTT BERGESON)
Subject: Janalee on ACLU

Forwarded by permission

- ---------- Forwarded message ----------
Date: Sat, 18 Jul 1998 08:00:30 -0600
From: GunFlower <[e-mail]>
To: [e-mail]
Subject: Re: Tom & Ruth Charges Dismissed

Chauna,

I've been working with the ACLU for about a year now since the Waco: Terms
of Engagement movie. You can thank Jim Dexter for that connection. He
told the ACLU about me and since then we've been working very hard to come
together. I invited Carol Gnade, Exec. Director ACLU, to come and she
did. They are also supporting me in my SLAPP Suit. Carol has even been
shooting and has invited me to write a column about guns for their
newsletter. They also featured my friend and I on the front page of their
newsletter re: freedom of speech--getting more coverage than the
gay/straight alliance and Wendy Weaver. I'm pretty excited about this!
Thanks again to Jim Dexter for setting this up!

P.S.: If you can believe it, Rocky Anderson, who received an "F" rating
from the NRA, and who I campaigned against is my attorney--representing
me pro bono. He's probably spent $30,000 worth of free legal time on this
SLAPP Suit case. I literally owe him my life and my house right now. He
is changing his views on gun control. He is beginning to understand that
if he thinks people who are in power abuse it now...what about if we
didn't have guns?

Regards.

Janalee

- ----------
> From: Chauna Pierce <[e-mail]>
> To: [e-mail]
> Subject: Re: Tom & Ruth Charges Dismissed
> Date: Saturday, July 18, 1998 6:26 AM

> I heard about the case being dismissed on KSL coming home from work.
> They had an interview with an ACLU atty. about the case. Were Draschil
> and Robinson represented by the ACLU? That will surprise a lot of persons
> in this valley. They would never believe the ACLU would defend "right
> wing extremists" such as these. I hope they sue the pants off the County
> GOP. They did say a law suit was being filed to do so.
> Chauna

> > Jim Kirkwood called me this PM to announce that the judge dismissed all
> > charges against Tom Draschil and Ruth Robinson. With any luck, a lawsuit
> > against the RP of SL County is in the works.

> > Then there's the alleged fight between Chris Cannon and Merrill Cook
> > (Congressional Sumos!) on the floor of the House.

> > The elephants are crumbling. :-)



- -

------------------------------

Date: Mon, 20 Jul 98 18:44:00 -0700
From: [e-mail] (SCOTT BERGESON)
Subject: The M-16 in Viet Nam, Part II

- ---------- Forwarded message ----------
Date: Sat, 18 Jul 1998 07:36:22 -0700
From: Liberty or Death <[e-mail]>
To: [e-mail], [e-mail],
    [e-mail], [e-mail],
    [e-mail], [e-mail], [e-mail]

Hi people -

For those of you that enjoyed reading Dick Culver's Part I about the
problems of the Matty Mattel Mouse Gun in Viet Nam, Part II is now on his
website.  It covers more of the technical reasons for the failures,
and it's another excellent read.

http://www.jouster.com/articles30m1/M16part2.html

- - Monte

- --------------------------------------------------------------------
                 Let the sea roar and its fulness,
               The world and those who dwell in it.
                 Let the rivers clap their hands;
      Let the mountains sing together for joy before the Lord.
               For He is coming to judge the earth;
            He will judge the world with righteousness,
                   And the peoples with equity.
                           - Psalm 98
- --------------------------------------------------------------------


- -

------------------------------

Date: Mon, 20 Jul 98 18:44:00 -0700
From: [e-mail] (SCOTT BERGESON)
Subject: COPS MAY HAVE HAD RIGHT TO SHOOT

- ---------- Forwarded message ----------
Date: Mon, 20 Jul 1998 02:40:10 -0700
From: Ed Wolfe <[e-mail]>
To: [e-mail]
Subject: COPS MAY HAVE HAD RIGHT TO SHOOT

Newshawk: Tammera Halphen ([e-mail])
Pubdate: Fri. July 17, 1998
Source: Houston Chronicle (TX)
Contact: [e-mail]
Website: http://www.chron.com/
Author: Rad Sallee and Jo Ann Zuniga

COPS MAY HAVE HAD RIGHT TO SHOOT

DA speaks about deadly home raid

Harris County District Attorney John B. Holmes Jr. said Thursday that
the six Houston police officers involved in a Sunday raid in which a man
was killed could have been within their rights to shoot him -- even if
they had no right to be in his home.

"I don't know of any authority at this point that gave them the right to
be in that residence," Holmes said. "But that doesn't make the shooting a
crime."

The six suspended officers, assigned to the gang task force at the
Southwest patrol division, reportedly fired about 30 shots after breaking
into Pedro Oregon Navarro's apartment at 6711 Atwell at 1:30 a.m. Sunday
in southwest Houston.

Relatives of Oregon, 23, who died from multiple bullet wounds, have
retained attorney Paul Nugent to investigate his death.

Nugent said family members told him that even after Oregon was shot,
the officers tried to bully them into saying he had been dealing drugs.
He said they had denied it.

Police acknowledged that no drugs were found in the apartment.

"Pedro was a father, soccer player and landscape worker," Nugent said.
"What we have here is a good kid from a good family."

Holmes said that because the law does not allow anyone to resist an
arrest, even an illegal one, officers had a right to use deadly force
against Oregon if he threatened them. A pistol was found at the scene,
but police have not yet said if it had been fired.

"They do not have to sit still for a citizen pointing a firearm at them,
even if they entered unlawfully," Holmes said.

"They were -- every one of them -- in uniform," he said. "There should
not be any reasonable idea in your mind that you are being the victim
of a kick burglary."

Investigators removed pieces of carpet to be tested to determine whether
bullets had struck the floor where Oregon's body lay.

"If they continued to fire when there was no need, it would be murder,"
Holmes said.

Holmes said Texas law at one time had recognized a person's right to
resist an unlawful arrest. But since the mid-1970s, the law had required
that everyone submit to arrest, even in their homes.

The only exception, Holmes said, is the right to defend yourself against
unreasonable force, such as being beaten.

Holmes said his investigation is continuing, along with those of the
Police Department's homicide and internal affairs divisions.

Holmes said the pistol had been traced to its initial purchaser, whom he
would not identify, except to say it was not Oregon.

"Further investigation has to be done," Holmes said. He said there is
no reason to think it was placed at the scene by police to justify the
shooting.

While the incident is being investigated, six of the nine officers
present at the incident have been suspended with pay: Lamont E. Tillery,
30, David R. Barrera, 28, Pete A. Herrada, 28, David Perkins, 30, James
R. Willis, 28, and Sgt. Darrell H. Strouse, 34.

A bullet fired by another officer hit Tillery in the shoulder, but his
safety vest prevented serious injury.

The officers, who had no search or arrest warrant, have told
investigators they raided the place after a confidential informant told
them he had witnessed a drug transaction there.

A source told the Chronicle that the tipster was not registered with
HPD, as is required of all police informants. Holmes said the tipster
had just been arrested and was trying to "make a deal" with officers.

Holmes said that violates the policy of his office, and any such deal
would not be honored by prosecutors and would not stand up in court.

Even if a reliable informant had seen drugs sold in the house, Holmes
said, officers would have to get a warrant from a judge before breaking
in.

Although there are some circumstances that justify warrantless entry --
hot pursuit, for instance -- Holmes said he knows of none that applies
in this case.

"There are damn few exceptions to searching someone's private
residence," he said.

"If the informant got in and was wired (with a recording device) and
the officers heard someone say `I'm gonna blow you away,' then they
could go in," Holmes said.

Oregon's mother, Claudia Navarro, and his sister, Susana, identified
his body Thursday at the Harris County Medical Examiner's office. It
will be on view at Claire Brothers Funeral Home and buried after a
Sunday service at St. Matthews Episcopal Church.

"It's been a disaster," Claudia Navarro said at the southwest apartment
where the raid took place. Oregon's blood stained the gray blanket in
his bedroom.

Nugent, sweeping his hand across the small living room, said, "Does this
look like the apartment of a drug dealer?"

Nugent said the family contacted his firm -- Foreman, DeGeurin, Gerger &
Nugent -- "because they were being besieged by police."

He added, "They thought they were being treated unfairly and were being
bullied," he said.

He conceded that Oregon may have had the weapon, for self-protection.

"But there is nothing wrong in having a gun in your home. There is a
legal process in America even for police officers. You don't just barge
in and start shooting people," Nugent said.

Six bullet holes are readily visible in Oregon's bedroom wall. The
bullets apparently entered the next-door apartment's bedroom, which
happened to be vacant.

"He had been working all week in Austin on a landscaping job and had
just come in on Friday. He was planning to attend a soccer game on
Sunday," Nugent said after speaking to Oregon's co-workers at Ryan
Landscaping.

Also in the apartment at the time of the raid, were Oregon's brother,
Rogelio, and a brother-in-law, Nugent said.

Mexican Consul General Manuel Perez Cardenas said he has discussed
the shooting with Police Chief C.O. Bradford because the family is
from Mexico. Perez said he is satisfied that the investigation will
be thorough.

Perez said his government probably will send a "diplomatic note" to
U.S. officials in Washington, D.C., noting the Mexican government's
interest in the case.

"In this type of incident, there are two sides," Cardenas said: "The
human, or family, side, and the legal -- not political -- legal, side."

Assistant U.S. Attorney Gerald Doyle, a prosecutor in the Civil Rights
section, said the Department of Justice is not investigating the matter.

"Our normal practice is to monitor the state investigation civil rights,
if the state is proceeding -- and they are," said Doyle. "Based upon the
results of their investigation we will either proceed on our own, or
rely on what the state does."

Chronicle reporter S.K. Bardwell contributed to this story.



- -

------------------------------

Date: Tue, 21 Jul 1998 08:26:21 -0600
From: "David Sagers" <[e-mail]>
Subject: Fwd: slick's gotta HATE this!

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Subject: slick's gotta HATE this!
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>
>More guns -- legally -- in pockets, purses
>KRISTEN EVERETT
>ARKANSAS DEMOCRAT-GAZETTE
>
>
> Arkansas now has 16,564 people with licenses to carry
> concealed handguns.
> The greatest number -- 12,612 (76.1 percent) -- are issued
> to white men. However, they make up only 40 percent of the
> state population over the eligible age of 21.
> The second-largest group -- white women -- holds 3,132
> licenses (18.9 percent). White women constitute 44.7 percent
> of the eligible population.
> And licensees have mushroomed. About six months after
> Arkansas' concealed-handgun licensing law went into effect in
> July 1995, about 5,200 people had concealed-handgun
> licenses, 639 of them women and about 4,560 of them men.
> As of June 10, 3,257 women had licenses and 13,307 men
> had them.
> In the view of the Arkansas State Police, which issues the
> licenses under Act 419 of 1995, the growing number of
> people carrying concealed weapons should send a signal to
> criminals.
> "If I were a criminal, I'd be more careful, I know that," said
> Sgt. Larry H. Gentry, state police administrator for
> concealed-handgun licensing program.
> Others with licenses include 631 black men (3.8 percent)
> and less than 1 percent for other categories -- 111 black
> women, 14 other women, 64 other men.
> Overall, 80.3 percent of license holders are men and 19.7
> percent are women.
> The growing number of concealed-handgun licenses
> coincides with a decline in U.S. handgun production, a
> decrease in gun-related homicides and -- with more
> government regulation -- a drop in the number of gun dealers:
> In 1993, there were 2.2 million handguns manufactured in
> America. In 1996, there were 985,000 made.
> Five years ago, gun homicides hit an all-time annual high
> in the United States -- 18,334. In 1995, the most recent year
> for available data, there were 15,835 gun homicides -- the
> lowest this decade.
> Five years ago, there were 260,000 federally licensed gun
> dealers in the United States. Today, there are 106,000.
> To get an Arkansas concealed-handgun license, an
> applicant must be at least 21 years old and an Arkansas
> resident.
> State police check for criminal history statewide and
> nationwide and do a fingerprint check. In Arkansas, a person
> can be turned down for anything questionable in his
> background -- from a mental health problem to a
> drunken-driving conviction.
> A license applicant also must complete a class on laws and
> safety given by either the state police or the National Rifle
> Association. An applicant also must qualify on a shooting
> range.
> The mandatory classes, however, differ in approach,
> length and teaching methods -- and that raises a debate over
> whether the training is adequate.
> The Arkansas State Police class is five hours in the
> classroom and then time on the shooting range. The NRA
> class is about 15 hours over two days and emphasizes gun
> use for personal protection.
> Gary Lawrence, head of the NRA personal protection
> safety course in Arkansas, is approved to teach both classes
> but said he chooses not to teach the state police class.
> "If you've never been involved with handguns, I don't think
> that short five-hour course is adequate," he said.
> Another area instructor agreed. "The five-hour class is not
> really adequate if you've never fired a gun. You're putting the
> burden on an instructor if he has 10 people in the class. ...
> You're saying to the others, 'Now bear with me,' '' said Gary
> McWhorter, a retired firearms instructor for the FBI who is
> certified to teach both types of classes.
> "We do spend time with each individual on the range, and
> by the time the class is over, they are at least familiar with a
> weapon," he said.
> The state police offer their class as an alternative to an
> outright endorsement of the NRA, according to state police
> Capt. Bill Young.
> McWhorter said there just isn't the demand for the NRA
> class.
> "We offer the NRA class, but we don't get many
> participants. If you can pay $75 and only take up one day
> instead of two ..." he said, comparing the two courses.
> There are 350 certified instructors in Arkansas in either in
> the NRA or state police instruction. Instructors must pass a
> background check and take a written exam on laws, rules and
> procedures.
> But regardless of the class, Arkansas is rated below
> average by Handgun Control Inc. the nation's largest
> handgun-control lobby, based in Washington, D.C. The
> group rated all the states on their regulation of concealed
> weapons.
> Handgun Control gave Arkansas a C minus on an A-to-F
> scale. Reasons cited for the low rating were the lack of
> discretional authority by law enforcement officials in issuing
> licenses, and inadequate safety-training and background
> checks.
> Vermont received an F because it allows anyone to carry a
> concealed weapon without a criminal background check or
> safety training, the group said.
> The seven states with A ratings from Handgun Control,
> which led the push to get approval of the federal Brady Law
> with its five-day waiting period on purchases, do not allow
> concealed weapons.
> On Nov. 30, 1998, the last part of the Brady Bill will take
> effect, creating a national, instant criminal background check
> system for all firearms sales. This would eliminate the
> five-day waiting period for a handgun, but authorities could
> issue a three-day hold to get more information.
> In the past year, state police have turned down about 100
> applications, Gentry said. The police agency also has
> revoked about 10 instructors' licenses for such reasons as
> criminal offenses and misdemeanor probation violations and
> other reasons related to improper handling of weapons.
> McWhorter stresses that an instructor carries a lot of
> responsibility, since the instructor plays a key role in deciding
> whether a person can safely carry a concealed handgun.
> "We hold the paperwork until they complete the range
> work. If they don't shoot well enough, we have them shoot
> more," McWhorter said.
> Charlie Johnson, who moved to Little Rock from Texas
> last fall, was selling one of his weapons at the Blue Bead Gun
> Shop on University Avenue in Little Rock so he could get his
> wife a handgun.
> He was surprised Arkansas State Police classes did not
> require applicants to take a written test on the use of deadly
> force and on laws.
> "When you come out of there [Texas' class], you feel
> good about the people who were carrying guns," he said.
> Preston Buchner, co-owner of the Blue Bead who teaches
> state police classes, compared the classes.
> "There's more of a personal protection element in the NRA
> class than handling a gun. There's no more training on how to
> handle a gun. It's more how not to become a victim,"
> Buchner said. "I would recommend the NRA class for people
> who want more than the law explained to them and going over
> the gun information."
> Buchner said one way to ensure that all students are as able
> and ready to shoot as possible would be to require more than
> one test.
> "If anything, I think there should be requalifications
> required or maybe even an independent qualification where
> you say, go to the state police and shoot in front of someone
> other than your instructor," he said.
> "I don't think either class is complete preparation. Things
> are a bit different when the target is shooting back at you, and
> there's little you can do in a classroom to prepare for that
> situation," Buchner said.
> One Arkansas woman who took the NRA class said she
> believes women need more time in classes to become familiar
> with guns.
> "A lot of that stems from that women don't have as much
> knowledge [of guns] as men do. I just think men are around
> them more when they're taught how to hunt and shoot at a
> young age," said Phyllis Beck, 44, of North Little Rock. "We
> hardly ever come in contact with [guns]."
> Beck took the class in 1995 to learn to use her Smith &
> Wesson .38-caliber special.
> "I walked away confident on how to disarm it the proper
> way. I've never had to use the gun and I hope I never do, but
> I would not be afraid to use it," she said.
> Beck also does fingerprinting for some classes in Arkansas
> but is not affiliated with the NRA or state police.
> "I have seen some women in the classes literally afraid to
> touch the gun."
> Brian Simons, 26, who studies criminal justice at the
> University of Arkansas at Little Rock, said he chose to take
> the NRA class this year because it is a national organization.
> "It was very informative. It's a more in-depth course. I was
> familiar with guns before the class. If somebody is not
> familiar with guns, I highly recommend the NRA personal
> protection course," he said.
> Two Arkansas laws specify how licenses are granted and
> where handguns can be carried. Concealed guns are
> prohibited in any establishment where alcoholic beverages is
> consumed or sold. Violators can be charged with a
> misdemeanor and fined -- and action can be taken against the
> establishment's alcoholic-beverage license.
> Ken Holt, Arkansas assistant attorney general, said the
> laws, though worded differently, both can be enforced by
> enforcement officers.
> The Alcoholic Beverage Control Division bases its
> enforcement on both laws, according to beverage control
> staff attorney Milton Lueken.
> "The license holder can be fined or jailed if they know or
> have reason to know a weapon is there where alcohol is sold
> or consumed," he said.
> It would be up to police to take action against the
> weapon-carrier, he said.
> UALR student Simons, who works at Shooters Gallery
> Pistol Range in North Little Rock, said guns are part of many
> Arkansans' lifestyles and are much more than instruments of
> harm and crime.
> "It's truly a variety of people that carry weapons -- all ages,
> ethnic groups. It's not always necessarily for self-defense but
> some just enjoy the sport," he said. "The simple fact is that
> the police can't be everywhere at the same time."




- -

------------------------------

End of utah-firearms-digest V2 #88
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