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Date: Fri, 5 Sep 2003 16:34:12 GMT
From: Charles Hardy <utbagpiper@juno.com>
Subject: Animal abuse a felony?
This is not strictly gun related, but anytime there is a push to take what is currently a misdemeanor and make it a felony gun owners should at least study the issue and make sure it is not ripe for abuse. A felony conviction, no matter how unjustified, effectively eliminates RKBA for life.
A coalition of animal shelter operators hopes the case of a recent kitten death will boost its efforts to make animal abuse a felony in Utah.
On Aug. 28, a jury found Steven Lee Hovey, 34, guilty of aggravated cruelty to an animal, a class A misdemeanor, and reckless child abuse, a class B misdemeanor, for killing a 10-year-old girl's kitten.
Hovey is accused of twisting the head of a kitten named Tyson on June 17, 2002, because he was upset with the child's mother for spurning his sexual advances. The kitten scratched Hovey and ran to another room. Hovey followed the kitten, picked it up and slammed it multiple times against the floor and a wall.
Salt Lake County prosecutors said the man left the house, with the kitten's blood and feces on the wall, carrying the quivering kitten by the tail.
The jury found Hovey's girlfriend, Susan Lee Parry, not guilty of obstructing justice charges. She was cleared of accusations of disposing the kitten's body.
Hovey will be sentenced in December. Shelter operators throughout Utah applaud the jury's decision to find Hovey guilty.
"In the five years or more that I've been here, that stands out as the most painful case I've been aware of," Salt Lake County Animal Services spokeswoman Temma Martin said.
But the law is too lenient, said Gene Baierschmidt, executive director of the Humane Society of Utah.
Baierschmidt is organizing a petition drive to put the animal abuse issue on the November 2004 ballot. He wants voters to choose whether animal abuse convictions should be a third-degree felony, with penalties of up to five years in prison and a $5,000 fine.
The class A misdemeanor carries up to a year in prison and a $2,500 fine.
Animal abuse penalties with more teeth would provide prosecutors an incentive to try such cases, Baierschmidt said.
Baierschmidt also believes felony penalties could deter would-be animal abusers.
Studies have shown people who abuse animals are likely to be violent toward other people, Baierschmidt said.
"We think that's a real problem that needs to be addressed," he said. "These people who abuse animals need to be punished. More importantly, they need to get into treatment."
The petition needs 76,000 signatures by May 2004 to become an initiative on the November 2004 ballot. Thus far, there are 20,000 signatures, Baierschmidt said.
Forty-one other states have a felony provision for cruelty to animals. "Even, surprisingly, Wyoming," Baierschmidt said. "Last year they passed it in the (state) Legislature."
The coalition that's pushing the petition includes Best Friends Animal Sanctuary in Kanab, Wasatch Humane in Bountiful and No More Homeless Pets in Utah.
The coalition chose not to push the issue through the Utah Legislature because last year it could not get a Republican to sponsor its bill. And Baierschmidt believes the bill would only have a chance of passing if it was backed by a Republican.
"I don't think a lot of (legislators) like animals," said Baierschmidt. "They view this as sort of an animal rights thing."
Salt Lake mayoral candidate Frank Pignanelli, who sponsored the last round of animal abuse penalty increases in 1996 when he was the House minority leader, acknowledged it was difficult to dispel legislators' suspicions the bill would target agriculture or the rodeo, and that its proponents are members of extremist animal rights groups.
During a special session in 1996, the Utah Legislature enhanced animal abuse penalties to a class A misdemeanor from a class C misdemeanor.
When he was House minority leader, Salt Lake mayoral candidate Frank Pignanelli wanted to make some animal abuse crimes a felony but could only get the penalties raised if he capped them at a class A misdemeanor, he said.
"It can be a challenge," he said. "Believe me, initiatives are not easy, either."
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Date: Sun, 7 Sep 2003 04:45:30 GMT
From: Charles Hardy <utbagpiper@juno.com>
Subject: Darren Jensen has a CCW
Just caught the tail end of TV News broadcast (sorry, I missed the channel, my wife was driving) in which the reporter stated that during a phone interview, Darren Jensen had told him there were Idaho police officers outside his in-laws home (where he is staying) and he felt like he would be arrested if he did not agree to the State's terms in the deal for his son.
Unfortunately, he said (according to the reporter) that the police were a little nervous because he has a concealed carry permit and they weren't sure what it would take to seize his son. He then went on to say he would not have used is gun as he only uses it for protection.
Regardless of the accuracy, IMO, it was terribly foolish to even bring up guns, CCW permits, etc in this context. Now, rather than being every guy next door, he is Mr. Gun nut. Anyone who owns guns is dangerous and who knows what else he might do. ;(
Besides, it is naive at best to think that a CCW permit is going to make trained peace officers any more nervous about seizing a child from an Idaho home/family than they normally would be. Well over 50% of all homes in Idaho have firearms in them and I'd expect that should officers have to execute a search and seizure for a child, especially in this kind of case where they are likely to be expected, they are going to assume that some kind of armed or violent resistance is possible and prepare accordingly.
Now, lest anyone get the wrong idea, from what info I've seen, I think this whole case is a crock and should never have gotten this far in the first place. The diagnosis is in doubt, there is no detectable cancer. Even if the diagnosis were not in doubt, there are plenty of people who choose to not subject themselves to chemo. And the whole felony kidnapping charges and interfering with seeking treatment in Texas just shows that Utah officials care far more about exerting authority than about Parker getting treatment. In short, it looks to me like the State has WAAY overstepped any reasonable role in protecting children in this case.
However, having said that, comments about a ccw strike me as inprudent at best. I hope it doesn't cause the family any additional grief.
OTOH, one wonders whether DCFS was aware of the permit when they started their proceedings and if that knowledge colored their view of the situation. They have been very hostile to CCW holders in the past as far as not accepting them to be foster parents.
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Date: Mon, 8 Sep 2003 03:13:50 GMT
From: Charles Hardy <utbagpiper@juno.com>
Subject: FW: U to engage in more political activism
Any guesses what percentage of students will be engaged in campaigns for anti-gun democrats vs what precentage will be engaged in pro-gun/pro-freedom efforts?
Our tax dollars at work [against us yet again].
Oh well, as its own gun free, affirmative action zone, this was to be expected I'd guess.
==================
Charles Hardy
<utbagpiper@juno.com>
- ---------- Forwarded Message ----------
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Friends- Today's Deseret News column by Ted Wilson and Lavarr Webb has an
interesting insight from WIlson concerning the future direction of the U's
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Date: Thu, 11 Sep 2003 15:03:14 GMT
From: Charles Hardy <utbagpiper@juno.com>
Subject: Jensen case supports keeping guns out of schools?
It does according to Marla Kennedy.
It is shameles that she would use the Jensen case for this kind of unrelated political blather. Of coure, given this kind of "logic," it is no wonder she thinks the world will be safer if some of the most trustworthy and law abiding members of our society (And if teachers don't fit that bill, why should we be forced to entrust our children to their care for 8 hours a day?) are rendered defenseless.
I wonder if she thinks parents have as much "right" to know the marital status, sexual preferences/orientation, political views, medical history, and religous views/affifilation of teachers as they do to know whether those teachers have a person self defense weapon.
Rebuttal letters can and should be sent to letters@desnews.com.
I have read with interest recent editorials on guns in schools side-by-side with angry statements from parents about medical treatment decisions for Parker Jensen. Many parents may not know the connection between the two issues.
Utah law gives unique protection to concealed weapon permit holders and keeps their names secret from the public. As a parent, you have no right to know if a teacher, coach, employee or volunteer in your child's school is carrying a gun. Shouldn't all parents have the same right to protect their children and make profound parental decisions that the Jensens seek? Being able to know if a gun is in your child's classroom seems like a very important parental right.
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Date: Thu, 11 Sep 2003 15:17:08 GMT
From: Charles Hardy <utbagpiper@juno.com>
Subject: Gun could have been charged had he told boys about gun
This is a little scary. Certainly we all support storing a firearm in a safe manner given one's situation. And prudence would dictate that one not advertise the location of firearms. But could a gun owner really be charged with a crime, after being the victim of an unlawful entry into his property and illegal handling of his personal property simply for having mentioned the gun to the boys? What about a scoutmaster or other youth advisor who keeps a gun somewhere and over the course of time the kids learn it is there? Does that set him up for criminal charges if one of the kids ever does anyting stupid/criminal and someone gets hurt with that gun?
I have a small propane torch in my garage that I use for soldering. If some kid breaks into my garage (or even walks in through an open door), steals that torch, and starts a fire that kills someone, am I going to be liable for not having that torch under lock and key or for not having kept it a secret from the entire neighborhood? For that matter, EVERYONE knows I keep a car in my garage. What happens if someone steals my car and ends up hurting or killing some kid? Am I going to be liable? What if I am cleaning it and stupidly leave the keys in it while I go inside to answer the phone and it is stolen? Liable?
The Salt Lake District Attorney's Office has cleared a gun owner of any wrongdoing in Monday's shooting of a 12-year-old boy in South Jordan.
However, prosecutors Wednesday also announced they continue to investigate whether criminal charges are justified against a 14-year-old boy who allegedly fired the single shot that struck the unnamed boy in the head, district attorney spokesman Kent Morgan said. The boy, whose name has not been released by law enforcement officials, died from injuries.
Monday afternoon, two boys were in the garage of a house near 9500 South and 1100 West when they came across the .40-caliber semiautomatic pistol, police said.
Neither boy lived at the house, but both lived in the neighborhood, police said. The shooting apparently was accidental.
"It appears the children learned of the location of the gun from a source other than the gun owner," said Morgan, who said the owner would have been charged with reckless endangerment if he had told children about the gun.
The gun was in the owner's vehicle that was parked at the house. Morgan said that is legal according to Utah weapon's statute.
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Date: Wed, 17 Sep 2003 18:32:01 GMT
From: Charles Hardy <utbagpiper@juno.com>
Subject: SL School district doesn't like gun laws
Lest anyone see a red sign on the doors to a SL School district building and get the mistaken impression he is required to disarms despite having a CCW. I wonder if there will be any overt of subtle pressure on teachers to not exercise their rights to self defense.
If anyone receives or hears of such pressure, please let one of your friendly, local gun organizations hear about it.
Salt Lake City School District fell in line Tuesday with Utah's gun laws but not without firing a shot at state lawmakers.
The Board of Education adopted a policy that allows concealed weapons permit holders to bring guns into schools. Like Jordan and Granite school districts, Salt Lake's policy simply follows a state law adopted by the 2003 Legislature.
But Salt Lake City board members also passed a resolution Tuesday that sends a very clear message to legislators.
Until the Legislature can show how allowing guns in schools makes for a safer learning environment, the board wants schools to get equal "protection from weapons that is afforded private residences and houses of worship."
In those two places, the law says the owners can prohibit weapons by giving proper notice. District spokesman Jason Olsen said it's the board's intent to send copies of the resolution to key legislators and possibly the entire legislative body.
"They don't agree with the action that was taken (by lawmakers)," said Olsen. "They're not convinced this is going to increase safety in schools."
And the district isn't waiting for approval from Capitol Hill on giving its own notice to concealed weapons holders.
Board members received a draft copy of a "STOP" sign that may go on the front doors of schools. The current version reads, "School safety is a top priority! Please help us keep our schools safe and free from violence and weapons!
"We encourage all concealed-carry permit holders to leave their weapons at home or outside of the school," the bottom of the sign reads.
Board president Clifford Higbee stressed that the resolution is in no way meant to supplant policy. "I think it's clear by policy that we want to follow the law," he said.
Senate Majority Leader Mike Waddoups, R-Taylorsville, sponsored the guns bill, which still makes it a class B misdemeanor for people other than concealed-weapons permit holders to bring guns to school.
Waddoups said the Salt Lake District is trying to make the same "stretch" that the University of Utah has made by sticking to its own policy of banning guns on campus. That policy was upheld in a ruling by 3rd District Judge Robert Hilder last month.
The district's resolution, Waddoups said, will have no impact on the upcoming Legislature.
"It just adds impetus to the bill that we'll be running," he said. That bill will clarify what constitutes public and private places. "They are not private property, they are public," he said of the U. and Salt Lake district schools.
Ron Molen, co-founder of Utahns Against Gun Violence, said that most people don't want any guns in school and that the Legislature has created an "embarrassing" situation for schools.
"If ever there was a Legislature out of touch . . . ," he said. Very few concealed-weapons holders, Molen added, would actually take advantage of the law.
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Date: Wed, 17 Sep 2003 22:17:08 GMT
From: Charles Hardy <utbagpiper@juno.com>
Subject: Armed man takes class hostage at Tenn College
The gun haters at the U will, no doubt, use this incident as one more evidence that their anti-gun policy is needed. Of coure, they will decline to explain how a policy, or even a few signs will deter someone intent on committing a crime.
It is interesting to note that while Tennesee does have a non-discriminatory ccw law (similar to Utah's), their ccw law prohibits the lawful possession of CCW weapons at school and colleges, public and private. So, in effect, despite having a shall-issue CCW law, in Tennessee, college campuses are unarmed victim zones. Exactly the situation Bernie and his buddies at the U want to maintain.
Armed Man Holds Tennessee Students, Teacher Hostage
Wednesday, September 17, 2003
DYERSBURG, Tenn. ù A man with a gun and a knife took college students hostage Wednesday afternoon, then released three people about three hours into the standoff, authorities said.
There were 12 to 16 people in the Dyersburg State Community College (search) classroom when the standoff began, police spokeswoman Lisa McDowell said. No injuries were immediately reported, and McDowell said she had no details on the gunman's identity or motive.
Although the hostage-taker released three people, he was refusing late in the day to negotiate with police, McDowell said. A SWAT (search) team and about five hostage negotiators were among the officers called to the scene, she said.
School president Karen Bowyer called the state Board of Regents office in Nashville to report the standoff, regents spokeswoman Mary Morgan said. Bowyer told the Nashville officials that one faculty member was among the hostages, but McDowell said she wasn't sure a faculty member was among those still being held.
There were no reports of shots being fired, Morgan said.
Bowyer told the Nashville office that college officials thought the gunman might be a student but they didn't know what sparked the incident about 75 miles northeast of Memphis.
Athletic Director Alan Barnett said that authorities cleared the campus of other students.
"Police ordered all students to evacuate, but employees could stay," Barnett said in a telephone interview. "We had students coming in since it happened, but everyone is gone now."
Ken Teutsch, a media specialist (search) at the campus Learning Resource Center, said from his office that he could see a couple of police cars near the building where the standoff occurred.
"It's obviously very disturbing, very shocking, but on the other hand, we're not completely unprepared. There have been training and drills and that sort of thing," he said.
