From: owner-utah-firearms-digest@lists.xmission.com (utah-firearms-digest) To: utah-firearms-digest@lists.xmission.com Subject: utah-firearms-digest V2 #261 Reply-To: utah-firearms-digest Sender: owner-utah-firearms-digest@lists.xmission.com Errors-To: owner-utah-firearms-digest@lists.xmission.com Precedence: bulk utah-firearms-digest Friday, August 6 2004 Volume 02 : Number 261 ---------------------------------------------------------------------- Date: Wed, 28 Jul 2004 17:24:41 GMT From: "Charles Hardy" Subject: Trib letter to needs responses This tripe needs a good reponse, ideally from women who choose to be prepared to defend themselves... Letters to the editor of the Salt Lake Tribune can be emailed to . Be sure to include your full name, full address, and phone number. Address and phone number used to verify authorship; only name and city/State are printed. Charles http://www.sltrib.com/opinion/ci_2382371 Three steps back Don Myrup (Forum, July 23) thinks that if more women carry handguns, fewer will be victimized. This seems logical, but in looking at the bigger picture it may be taking one step forward and three steps back. A successful defense requires correct identification of who commits crimes, where, why and how. Myrup assumes that most women are victimized in public by strangers. In truth, family members or “friends” commit many murders and rapes. Much of this happens in homes, not in public, and most murders are by gunshot. Guns carried in public only guard against the rarest types of violence. And it's questionable that this is an effective defense even then. Study after study shows that relaxing concealed-carry laws does not reduce crime. Fact is, Utah's violent crime rates rose after our handgun laws changed in 1994 and continued upwards for years. So why not encourage women to keep a gun at home where most of the threat is? There's growing research evidence that this boomerangs. A gun in the home dramatically raises a woman's risk of being shot. In fact, everyone in the house is at heightened risk. And nationally, child gunshot deaths and injuries are disproportionately high where gun ownership rates are highest. It's senseless to combat a remote risk in one setting at the price of intensifying risks elsewhere. Lorna Brown West Valley City ================== Charles Hardy ________________________________________________________________ The best thing to hit the Internet in years - Juno SpeedBand! Surf the Web up to FIVE TIMES FASTER! Only $14.95/ month - visit www.juno.com to sign up today! - - ------------------------------ Date: Wed, 28 Jul 2004 20:06:18 -0600 From: scottb@xmission.com Subject: FW: PBS Guns in Church - Utah In Utah typically Sunday KUED-7 at 6:30am and KBYU-11 at 1:00pm. From: W. Clark APOSHIAN For general distribution Guns in Church PBS came to town 2 weeks ago and interviewed me on a story as to why in the world I and others in Utah would want to bring guns to church. I gave clear concise answers in sound bite form. These were not used. No worries, I am used to that. Instead they took my most innocuous statement regarding "why" the LDS Church [Scott note: That terminology is contrary to Church policy and request to newsmedia. "CJC" for "The Church of Jesus Christ of Latter-day Saints] chooses to get behind a modification of the existing law. The irritating thing is that after all the editing was done it is typical to produce a transcript of the video piece. The transcript is supposed to be verbatim to the video. This transcript is not. Of all the quotes from all the people they chose to take only mine out. In other words the transcript contains the missing quote that the video is lacking. Hey, what did I expect from PBS, or for that matter anyone with a camera, microphone or pencil? Anyway, it will probably be airing in your city any day soon. Or you can watch the video or read the transcript on-line of you choose. If you want to see it broadcast on television check on-line with your local PBS station to see when the show Religion and Ethics Newsweekly will air. It usually will be broadcast more than once. Sincerely, W. Clark Aposhian Chair US-DIN Utah Self-Defense Instructors' Network KCTS Website Washington When to Watch Religion & Ethics Newsweekly in Utah - --- - - ------------------------------ Date: Thu, 29 Jul 2004 14:29:54 GMT From: "Charles Hardy" Subject: Anti gun / Anti-self defense editorial from DesNews Gee, I can't imagine why anyone might want to carry a self-defense weapon into "public venues" rather than barricading themselves in their homes and adopting a bunker mentality, unable to defend themselves while in public. This editorial goes FAR beyond simply supporting private emloyment policies that prohibit the otherwise lawful possession of guns (as dubious as even that stand would be). It is a flat out assault on the heart of both our concealed weapons permit law as well as the private property and privacy rights of employees who choose to drive private autos to work. A concealed weapons permit that is not valid in a large number of public places is next to worthless. And employment policies that prohibit guns inside your private car parked in a company parking lot also generally prohibit a host of other perfectly legal items including alcohol (Anybody ever stop by a store on a lunch hour to restock a wetbar or grab something for a romantic dinner?), audio or video recording devices, or even non-lethal weapons. Certainly, some of these items might be legitimately excluded from the workplace itself. But why should an employer be able to reach inside your private car and tell you that your tape recorder (maybe used to make notes to yourself, or to take notes in that college class you attend just before or just after work) is grounds to be fired? AOL's actions and this DesNews editorial are NOTHING but anti-gun, anti-self-defense. Letters to the editor can be emailed to . Be sure to include your full name, address, and phone number. Address/phone number are used to verify authorship; only name and city/State are published. Charles Private property and guns Deseret Morning News editorial Utahns who struggle with their Legislature's insistence that concealed weapon holders should be permitted to tote guns into public schools, university campuses and some other public buildings were, undoubtedly, pleased with a recent Utah Supreme Court ruling that gives heft to private employers' policies to ban guns from the workplace. The ruling centered on three employees of America Online Inc., who were fired from the company's Ogden call center in 2000 after they transferred guns between vehicles in the company parking lot. The company maintained the three men were fired for violating its "Workplace Violence Prevention Policy." The three men filed a lawsuit claiming they were wrongfully terminated because their right to possess guns was protected by the 2nd Amendment. The court, in upholding a lower court decision, ruled that AOL had the right to fire the men because of Utah's at-will employment law. In a unanimous ruling, the court held that "the mature at-will employment law in the state of Utah rejects the idea that, in the face of a freely entered-into agreement to the contrary, an employee has the right to carry a firearm on his employer's premises." While the court's ruling does not apply to public buildings or property, it furthers debate of what the opinion describes as "an evolving discussion about the role of firearms in our society." The AOL case illustrates the considerable tug between private property rights and the 2nd Amendment. The Utah Supreme Court's reading of the state law indicates that "the Legislature has purposefully declined to give the right to keep and bear arms absolute pre-eminence over the right to regulate one's own private property," the ruling said. This ruling is a boon to private employers to craft gun policy as they see fit. While the Deseret Morning New supports the rights of private property owners and employers to establish their own rules regarding guns on their property or places of work, we struggle to comprehend the rationale of Utah's laws that permit concealed weapon holders to carry guns in a number of public venues. Public opinion polls conducted over a number of years have consistently held that a majority of Utahns don't want concealed weapons in public schools and other public facilities. When will the wishes of the "owners" of these facilities — Utah taxpayers — start to resonate with members of the Utah Legislature? ================== Charles Hardy ________________________________________________________________ The best thing to hit the Internet in years - Juno SpeedBand! Surf the Web up to FIVE TIMES FASTER! Only $14.95/ month - visit www.juno.com to sign up today! - - ------------------------------ Date: Thu, 29 Jul 2004 10:21:04 -0600 From: Chad Leigh -- Pengar Enterprises Inc Subject: Re: Trib letter to needs responses This would be a good utah-firearms project. We need to have citable=20 references to refute her statistical claims. If we have citable=20 references in our letters, they have much more power. Any takers on=20 the list who want to help research this today and tomorrow and post the=20= references to refute these "statistical" conclusions she spews? Chad On Jul 28, 2004, at 11:24 AM, Charles Hardy wrote: > > > This tripe needs a good reponse, ideally from women who choose to be=20= > prepared to defend themselves... > > Letters to the editor of the Salt Lake Tribune can be emailed to=20 > . Be sure to include your full name, full=20 > address, and phone number. Address and phone number used to verify=20 > authorship; only name and city/State are printed. > > Charles > > > http://www.sltrib.com/opinion/ci_2382371 > Three steps back > > Don Myrup (Forum, July 23) thinks that if more women carry handguns,=20= > fewer will be victimized. This seems logical, but in looking at the=20 > bigger picture it may be taking one step forward and three steps back. > A successful defense requires correct identification of who commits=20= > crimes, where, why and how. Myrup assumes that most women are=20 > victimized in public by strangers. In truth, family members or=20 > =93friends=94 commit many murders and rapes. Much of this happens in=20= > homes, not in public, and most murders are by gunshot. > Guns carried in public only guard against the rarest types of=20 > violence. And it's questionable that this is an effective defense even=20= > then. Study after study shows that relaxing concealed-carry laws does=20= > not reduce crime. Fact is, Utah's violent crime rates rose after our=20= > handgun laws changed in 1994 and continued upwards for years. > So why not encourage women to keep a gun at home where most of the=20= > threat is? There's growing research evidence that this boomerangs. A=20= > gun in the home dramatically raises a woman's risk of being shot. In=20= > fact, everyone in the house is at heightened risk. And nationally,=20 > child gunshot deaths and injuries are disproportionately high where=20 > gun ownership rates are highest. > It's senseless to combat a remote risk in one setting at the price=20= > of intensifying risks elsewhere. > > Lorna Brown > West Valley City > > > =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D > Charles Hardy > > > > > ________________________________________________________________ > The best thing to hit the Internet in years - Juno SpeedBand! > Surf the Web up to FIVE TIMES FASTER! > Only $14.95/ month - visit www.juno.com to sign up today! > > - > - - ------------------------------ Date: Thu, 29 Jul 2004 10:24:20 -0600 From: Chad Leigh -- Pengar Enterprises Inc Subject: Re: Anti gun / Anti-self defense editorial from DesNews I have a hard time supporting any "private property" that is really a=20 place of "public accomodation" being able to prohibit carry. While I=20= don't think that a provate company like AOL is considered a place of=20 "public accomodation", places like stores and restaurants and stuff=20 are. They basically by law are not allowed to kick you out of their=20 property unless they have specific knowledge that you are a trouble=20 maker. Ie, they cannot kick out hispanics, or blacks, or any group. =20 They have to serve them all. If that is the law of the land, then they=20= should not be able to discriminate against people carrying a gun=20 legally. Chad On Jul 29, 2004, at 8:29 AM, Charles Hardy wrote: > > > Gee, I can't imagine why anyone might want to carry a self-defense=20 > weapon into "public venues" rather than barricading themselves in=20 > their homes and adopting a bunker mentality, unable to defend=20 > themselves while in public. This editorial goes FAR beyond simply=20 > supporting private emloyment policies that prohibit the otherwise=20 > lawful possession of guns (as dubious as even that stand would be). =20= > It is a flat out assault on the heart of both our concealed weapons=20 > permit law as well as the private property and privacy rights of=20 > employees who choose to drive private autos to work. > > A concealed weapons permit that is not valid in a large number of=20 > public places is next to worthless. And employment policies that=20 > prohibit guns inside your private car parked in a company parking lot=20= > also generally prohibit a host of other perfectly legal items=20 > including alcohol (Anybody ever stop by a store on a lunch hour to=20 > restock a wetbar or grab something for a romantic dinner?), audio or=20= > video recording devices, or even non-lethal weapons. Certainly, some=20= > of these items might be legitimately excluded from the workplace=20 > itself. But why should an employer be able to reach inside your=20 > private car and tell you that your tape recorder (maybe used to make=20= > notes to yourself, or to take notes in that college class you attend=20= > just before or just after work) is grounds to be fired? AOL's actions=20= > and this DesNews editorial are NOTHING but anti-gun,=20 > anti-self-defense. > > Letters to the editor can be emailed to . Be=20 > sure to include your full name, address, and phone number. =20 > Address/phone number are used to verify authorship; only name and=20 > city/State are published. > > Charles > > > > Private property and guns > Deseret Morning News editorial > > > Utahns who struggle with their Legislature's insistence that=20 > concealed weapon holders should be permitted to tote guns into public=20= > schools, university campuses and some other public buildings were,=20 > undoubtedly, pleased with a recent Utah Supreme Court ruling that=20 > gives heft to private employers' policies to ban guns from the=20 > workplace. > The ruling centered on three employees of America Online Inc.,=20= > who were fired from the company's Ogden call center in 2000 after they=20= > transferred guns between vehicles in the company parking lot. The=20 > company maintained the three men were fired for violating its=20 > "Workplace Violence Prevention Policy." The three men filed a lawsuit=20= > claiming they were wrongfully terminated because their right to=20 > possess guns was protected by the 2nd Amendment. > The court, in upholding a lower court decision, ruled that AOL=20= > had the right to fire the men because of Utah's at-will employment=20 > law. In a unanimous ruling, the court held that "the mature at-will=20 > employment law in the state of Utah rejects the idea that, in the face=20= > of a freely entered-into agreement to the contrary, an employee has=20 > the right to carry a firearm on his employer's premises." > While the court's ruling does not apply to public buildings or=20= > property, it furthers debate of what the opinion describes as "an=20 > evolving discussion about the role of firearms in our society." > The AOL case illustrates the considerable tug between private=20 > property rights and the 2nd Amendment. The Utah Supreme Court's=20 > reading of the state law indicates that "the Legislature has=20 > purposefully declined to give the right to keep and bear arms absolute=20= > pre-eminence over the right to regulate one's own private property,"=20= > the ruling said. This ruling is a boon to private employers to craft=20= > gun policy as they see fit. > While the Deseret Morning New supports the rights of private=20 > property owners and employers to establish their own rules regarding=20= > guns on their property or places of work, we struggle to comprehend=20 > the rationale of Utah's laws that permit concealed weapon holders to=20= > carry guns in a number of public venues. Public opinion polls=20 > conducted over a number of years have consistently held that a=20 > majority of Utahns don't want concealed weapons in public schools and=20= > other public facilities. > When will the wishes of the "owners" of these facilities =97 = Utah=20 > taxpayers =97 start to resonate with members of the Utah Legislature? > > > > =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D > Charles Hardy > > > ________________________________________________________________ > The best thing to hit the Internet in years - Juno SpeedBand! > Surf the Web up to FIVE TIMES FASTER! > Only $14.95/ month - visit www.juno.com to sign up today! > > - > - - ------------------------------ Date: Mon, 2 Aug 2004 14:32:29 GMT From: "Charles Hardy" Subject: Fw: USSC Information Alert The latest from USSC... ================== Charles Hardy - ---------- Forwarded Message ---------- Information Alert for Utah Shooting Sports Council Members and Supporters July 30, 2004 For latest information always check the USSC website http://UtahShootingSports.com - --- Gun show this weekend - --- Join USSC - --- Ladies trap shooting event Aug 7th is full - --- Voter Registration - --- Letters to editor - --- 26 States now honor Utah CCW Permits, 3 more pending - --- Utah War- Cowboy shooting championships Aug 12-14 - --- Warning to Air travelers - --- Highway frontage locations needed - --- NUDPA Match August 7 - --- PBS report on Guns and churches in Utah - --- UtahConcealedCarry.com new chat website (correction) - --- USSC website *************** GUN SHOW IN SANDY THIS WEEKEND-VOLUNTEERS NEEDED The Crossroads of the West Gun Show is this weekend, July 31- August 1st at the South Towne Expo center (about 9400 South State Street). Print out a $1.00 off coupon for the show, from http://www.crossroadsgunshows.com/guncoupn.htm USSC volunteers will be working to get every gun owner registered to vote and signed up for the USSC email alerts. We will also have copies of our new "Be Safe" story for youngsters (grades K-3). We still have open slots on Sunday afternoon (11:30 to 4:00) if you can spare a few hours to help defend gun rights. Send an email to volunteer@UtahShootingSports.com if you would like to sign up for a slot, or just show up. *************** JOIN USSC If you find the USSC alerts useful, or you just want to help defend your gun rights, take a few minutes to join USSC. The cost is only $20 per year for individuals with other categories also available for families, etc. Sign up at the USSC table at the gun show. All funds are used to support gun rights, and promoting safe and legal ownership and used of guns. Everyone in USSC is a unpaid volunteer, except our professional lobbyist. In the last two years we have placed less emphasis on printed Newsletters and switched more to email alerts to share more information as fast as possible. *************** LADIES ONLY TRAPSHOOTING CLINIC AUGUST 7TH IS FULL More than 50 ladies of all ages have already signed up for this great event. However, there will probably be another one scheduled in the future, so your wife, daughter, girlfriend or mom will have another chance if they missed this one. Congratulations and a big thank you to Wendy Mair who has been doing most of the work on the event. Contact Wendy Mair 435-671-2365 or wendymair@earthlink.net for more info or to volunteer to help her with future sessions. *************** VOTER REGISTRATION Utah Residents 18 or older (as of election day) should all be registered to vote if we want to keep our gun rights. Turnout this year will probably be very heavy, due to the devious efforts of numerous "527" groups organized to skirt campaign finance reforms, but to get Kerry supporters registered and herded off to the polls. In some states they have even been paying convicted felons to register voters! Although Kerry and Edwards are not talking about guns now they both have an undeniable history of voting against gun rights on every occasion. It is important that gun owners get to the polls and vote in favor of gun rights, not just at the Presidential level, but also for Utah's next governor, and for Congressmen. Your vote can make the difference in all these races. But, you cannot vote unless you are registered. Stop by the USSC table and pick up a voter registration form for anyone in your family who needs it (assuming they will vote for pro-gun candidates). You ca! n also go to the state site and open a .pdf file and print out a form and mail it in. http://www.elections.utah.gov/Registration.PDF Don't forget that you are free to vote for candidates of any party in November, but if you want to vote in future Republican Party primaries you should check the "Republican" party block. For more information on voter registration go to http://www.governor.state.ut.us/lt_gover/registration.htm *************** LETTERS TO THE EDITOR It is time to recognize and thank great pro-gun rights supporters and activists who have had letters to the editor published. Given the obvious media bias against guns, this is about the only way pro-gun information reaches the public. Keep up the good work, and don't be afraid to send your letter to the editors of every newspaper in the state. We have links to all of them on the USSC website http://UtahShootingSports.com so you don't even have to spend money on stamps. Keep them brief (150 words or less is best) and include your full name, address, and daytime phone number so the paper can call to confirm that you are really the person who sent the letter. Congratulations and a big thanks to Dwain Bracken of Nephi; Jesse Black of Sandy; Donald Myrup of American Fork; and John Wangsgaard from Logan. *************** 26 STATES NOW HONOR UTAH CCW PERMITS- 3 MORE PENDING Too big a list to print here, but we will get it up on the USSC website shortly. Final details are being worked out with Louisiana, Mississippi, and Texas. Clark Aposhian has been working hard on this with both the Utah folks as BCI and also the various states. *************** UTAH WAR- COWBOY SHOOTING STATE CHAMPIONSHIPS AUGUST 12-14 The fastest growing shooting sport today is "cowboy action shooting" and it is a great family sport. This year's state championship matches will be held near Wanship (near the I-80/I-84 split by the reservoir). For more info by email contact Marsahll Sackett sackett@utahwar.com or visit their website at http://utahwar.com for entry forms, etc. They also have a bunch of neat photos, and a full list of SASS (Single Action Shooting Society) clubs in Utah so you can find a local club to share your fun. *************** WARNING TO AIR TRAVELERS If you are taking a gun (especially a self defense weapon owned by a CCW permit holder) somewhere on a plane, be prepared to extra hassles and possible arrest. Reportedly airports in New York City are rewarding baggage screeners for turning in travelers who have guns in their checked luggage, properly identified and in full compliance with FAA and airline regulation. But, since the traveler does not have a New York City firearms license, they will arrest the traveler, confiscate the gun, and file charges. This is the case even if a traveler is not going to stay in NYC, but merely passing to/from locations where possession is legal. While the McClure-Volkmer Firearms Owners Protection Act protects against such harassment when traveling by automobile, it apparently does not protect air travelers. *************** HIGHWAY FRONTAGE LOCATIONS NEEDED Help USSC find privately owned highway frontage (approx 800 feet or more) along Interstates 15, 70, 80, 84 or 215 or US 6, 89 or 40 so we can put up pro-gun "Burma Shave" type signs. This is a simple, powerful way to educate and motivate pro-gun people. No cost to land owner. Signs are about 18" x 96". If you or a friend own land like this, please contact admin@UtahShootingSports.org We will also need some people with basic mechanical skills to assemble and install the signs. *************** NUDPA Match August 7 The Northern Utah Defensive Pistol Association invites you to their next Hendricksen Range match on Saturday, August 7, 2004. New Shooter Orientation starts at 8:00am. Match starts at 9:00am. Check their website http://www.nudpa.org for more info. *************** PBS REPORT ON GUNS & CHURCHES IN UTAH Clearly edited to push their anti-gun agenda, this will air soon. You can read the transcript now at http://www.pbs.org/wnet/religionandethics/week747/feature.html and you won't need to waste time watching. Well done to Sen. Mike Waddoups, Clark Aposhian and "Super Dell" Schanze for their agreeing to interviews, knowing that they were likely to be vilified. The usual media tricks are taking quotes out of context and selective editing, such as showing someone posing a question and then showing an answer to a different question. *************** UTAHCONCEALEDCARRY.COM SITE CORRECTION We gave credit for this great new site to the wrong person in the last alert, and they graciously pointed out that the guy who did it is really Thomas Knight. Thank You THOMAS KNIGHT! Now, everyone check out the site at http://www.utahconcealedcarry.com/forum *************** USSC WEBSITE- http://UtahShootingSports.com includes frequent updates of gun related news stories from Utah and around the nation. There are daily updates on gun related bills during the Legislative Session. You can sign up for our Alerts, or remove your name, or change your email address (add the new one and delete the old one). Thanks for your time! - ------------------------------------------------------------------------- To be removed from this mailing list click on the link below http://www.ugca.org/cgi-bin/plistussc/mwmail.cgi?utbagpiper@juno.com ________________________________________________________________ The best thing to hit the Internet in years - Juno SpeedBand! Surf the Web up to FIVE TIMES FASTER! Only $14.95/ month - visit www.juno.com to sign up today! - - ------------------------------ Date: Mon, 2 Aug 2004 16:07:49 GMT From: "Charles Hardy" Subject: Tobias/WAGC (sorta) annual Gun Rights BBQ After a hiatus last year, Janalee Tobias (and her family) are again hosting their annual Gun Rights BBQ at her beautiful South Jordan home (with a GREAT backyard), this Saturday, August 6th, from 7:00 pm until whenever. This is an informal, pot-luck opportunity to visit with other pro-gun, pro-self-defense individuals. While it is NOT a political event, in years past at least a few pro-gun politicians/candidates have attended. Legally carried firearms (open or concealed) are welcome. No RSVP required, simply show up. There will be a hot grill available. Please bring whatever meat/veggies you'd like to grill, your choice of beverages (water and punch will be provided) for yourself, plus a sidedish or desert to share. The address is 1238 W. Jordan River Drive (11050 South). Take 1300 West to Jordan River Drive and then turn east. The Tobias home is on the north side of the street. Please be courteous to the other neighbors by parking legally, not blocking driveways, etc. And then just find your way to the Tobias back yard. Again: What: Gun Rights Potluck BBQ (Bring your own food/drinks and a side/desert to share. Where: Tobias home, 1238 W. Jordan River Drive (11050 South). When: Saturday, August 6th. Starting at 7:00 pm. Charles WAGC-UT email administrator ================== Charles Hardy ________________________________________________________________ The best thing to hit the Internet in years - Juno SpeedBand! Surf the Web up to FIVE TIMES FASTER! Only $14.95/ month - visit www.juno.com to sign up today! - - ------------------------------ Date: Mon, 2 Aug 2004 20:16:40 GMT From: "Charles Hardy" Subject: CORRECTION: WAGC-UT RKBA BBQ I gave out the wrong date in my original message on this. The RKBA potluck BBQ is being held Saturday, August 7th starting at 7:00 pm. Tobias home, 1238 W. Jordan River Drive (11050 South). Bring your own beverages, something to grill, and a side dish or desert to share. ================== Charles Hardy ________________________________________________________________ The best thing to hit the Internet in years - Juno SpeedBand! Surf the Web up to FIVE TIMES FASTER! Only $14.95/ month - visit www.juno.com to sign up today! - - ------------------------------ Date: Thu, 5 Aug 2004 23:05:20 GMT From: "Charles Hardy" Subject: Anti-self-defense MO Gov loses in Demo Primary In the 'Show Me' State, Voters Like Their Weapons Concealed Missouri's Governor Bob Holden was unceremoniously given the boot in this week's Democratic primary. He had thought his Ozark twang and rural roots would help him in non-urban areas, but instead a rural revolt handed Democratic State Auditor Claire McCaskill a solid 52% to 45% victory. Mr. Holden's collapse in rural support was caused in part by discontent over poor roads and his needlessly confrontational stance towards the GOP legislature. But a large part of the anger stemmed from his veto of a bill that would have allowed law-abiding citizens to carry concealed weapons. While the legislature eventually overrode his veto, gun owners didn't forget his politically correct stance "Show Me State gun owners showed Bob Holden the door," says Alan Gottlieb of the Citizen's Committee to Keep and Bear Arms. "Although they tried to downplay it, both the St. Louis Post Dispatch and Kansas City Star acknowledged that Holden's veto of concealed carry legislation cost him critical votes, especially in rural Missouri." - --John Fund ================== Charles Hardy ________________________________________________________________ The best thing to hit the Internet in years - Juno SpeedBand! Surf the Web up to FIVE TIMES FASTER! Only $14.95/ month - visit www.juno.com to sign up today! - - ------------------------------ Date: Thu, 5 Aug 2004 23:13:36 GMT From: "Charles Hardy" Subject: Worse to carry a gun than commit terrorism? The following is from today's DesNews. While drug dealers are (rightfully) not popular and are the very kind of people who give law abiding gun owners a bad rap, notice how very skewed our sentencing guidelines have become. Now, maybe a guy carrying a gun while he sells drugs deserves to spend 55 years in jail. But if so, a terrorist detonating a bomb in a public place deserves a LOT more than 19.5 years and murders and rapists deserve more than 14 years and 7 years, respectively. I'm all in favor of getting tough on criminals, but in my book, rape and murder are a LOT more serious than selling recreational drugs to a willing buyer, even if the seller was in possession of a gun at the time. Frankly, I've never met anyone who was forced to buy illegal drugs against his or her will. As for meeting rape victims... This is just one example of the anti-gun bigotries in our laws and culture. I wonder what the charge and sentencing guidelines would be had this drug dealer been in possession of a knive or other deadly weapons other than a gun. Charles Cassell to review mandated term Brief is filed on behalf of Utahn — per judge's request By Angie Welling Deseret Morning News At only 25 years old, Utahn Weldon Angelos faces at least 63 years in prison when he is sentenced next month on federal drug and firearms charges. The bulk of that time — 55 years — is required under mandatory-minimum sentences. But at least 29 former legal officials from across the nation believe such a sentence is unconstitutional and are urging Utah U.S. District Judge Paul Cassell to again say so. The group of former U.S. attorneys, federal district and appellate court judges, and even one former U.S. attorney general — Nicholas Katzenbach — have filed a friend-of-the-court brief on Angelos' behalf, arguing that such a sentence would be a violation of the Eighth Amendment protection against cruel and unusual punishment. The brief comes just one month after Cassell declared federal sentencing guidelines unconstitutional under a recent U.S. Supreme Court ruling. And now, like then, filings on both issues came at the judge's request. The mandated sentence, the brief states, is "grossly disproportionate to the offenses that Angelos committed" and "is contrary to the evolving standards of decency which are the hallmark of our civilized society." Defense attorney Jerome Mooney agrees. "It's an eye for an eye. It's not two eyes, your arm, foot and a leg for an eye." Angelos, the founder of the Utah-based rap-label Extravagant Records, is facing the 55-year sentence for carrying a gun in an ankle holster while conducting two separate sales of marijuana, and for keeping firearms at his house. He was convicted of the three counts of possession of a firearm in furtherance of a drug trafficking crime, and 13 additional drug, firearm and money laundering charges, at a December jury trial. Cassell first raised the question of the constitutionality of mandatory-minimum sentences in the Angelos case in February. He directed Mooney and federal prosecutors to file briefs on the issue prior to sentencing in the case. In doing so, Cassell noted the potential lopsided nature of congressionally mandated sentencing that requires him to impose a 660-month sentence on Angelos. "A terrorist who detonates a bomb in a public place intending to kill a bystander will serve a prison sentence of no more than 235 months," the judge wrote. Likewise for murderers and rapists, Cassell said, who under federal sentencing rules will serve only 168 months and 87 months, respectively. Recognizing the issue as a significant one, Mooney began contacting others for input and soon discovered a groundswell of support for his client. "There was so much strong feeling about the issue out there that we started discussing the potential of having an amicus brief filed," he said. "There were just a lot of people who felt very, very strongly about the issue." The import of the filing, Mooney said, is apparent by those whose names appear on it. "The people who have signed on in the amicus are people who have had to suffer under the burden of a system that they believe is overly onerous and improper," Mooney said. The brief also argues the proposed sentence violates Angelos' due-process rights and that federal sentencing rules, as enacted by Congress in 1984, violate the separation of powers doctrine. The system unconstitutionally transfers powers traditionally reserved for the judicial branch to the executive branch, the brief states. The U.S. Attorney's Office declined to comment directly on the Angelos case, but spokeswoman Melodie Rydalch said the office stands by the legality of sentences such as the one contemplated in this case. "We believe that man- datory-minimum sentences are constitutional, and we will continue to ask the courts, in any cases involving mandatory-minimum sentences, to enforce the statutory language as enunciated by Congress," Rydalch said. This marks the fourth time since Cassell took the bench two years ago that he has raised matters in notable cases. In addition to the sentencing guidelines issue, he has addressed the constitutional rights of undocumented immigrants and the awards of restitution in criminal cases. His proactive approach has garnered both praise and criticism from those in the legal community. On Wednesday, Mooney was in the first category. "I absolutely applaud his willingness to look at things and to not be bound by them just because they've always been done a certain way," Mooney said. "If that were the case, there would never be any progress in the world." E-mail: awelling@desnews.com ================== Charles Hardy ________________________________________________________________ The best thing to hit the Internet in years - Juno SpeedBand! Surf the Web up to FIVE TIMES FASTER! Only $14.95/ month - visit www.juno.com to sign up today! - - ------------------------------ Date: Fri, 6 Aug 2004 16:00:19 GMT From: "Charles Hardy" Subject: Fw: [goutah] GOUtah! Alert #211 The latest from GOUtah! ================== Charles Hardy - ---------- Forwarded Message ---------- GOUtah! Gun Owners of Utah Utah's Uncompromising, Independent Gun Rights Network. No Compromise. No Retreat. No Surrender. Not Now. Not Ever. GOUtah! Web Site: http://www.goutahorg.org To subscribe to or unsubscribe from GOUtah!'s free e-mail Alerts, send a blank e-mail message to one of the following addresses: goutah-subscribe@yahoogroups.com goutah-unsubscribe@yahoogroups.com Send comments to: goutah@goutahorg.org ___________________________________ GOUtah! Alert #211 - 5 August 2004 Today's Maxim of Liberty: "A free man must not be told how to think, either by the government or by social activists. He may certainly be shown the right way, but he must not accept being forced into it." - -- Jeff Cooper In this Alert: RKBA barbecue this Saturday. You're invited! A major political party requests public input for its national platform. "Assault weapon" ban isn't dead yet. ANNUAL PRO-GUN BARBECUE THIS SATURDAY Once again, Janlee Tobias will be hosting a barbecue for gun-rights activists and their families in her spacious back yard. All supporters of the right to keep and bear arms (RKBA) are invited. The barbecue will be held on Saturday, August 7, beginning at 7:00 p.m. at the Tobias residence at 1238 W. Jordan River Drive (11050 South) in South Jordan. Bring your own beverages, something to grill, and a side dish or desert to share. AN UNUSUAL OPPORTUNITY The platform of a political party is supposed to be a statement of the basic ideology of that party, although it's a non-binding document (meaning that politicians belonging to the party don't have any formal obligation to adhere to it). Nonetheless, a party's platform does serve a purpose. For example, angry voters can cause considerable political pain and embarrassment to a politician by pointing out the ways in which his actions in office deviate significantly from the ideological principles set forth in his party's platform. GOUtah! is not affiliated with any political party, nor do we care what party (if any) you belong to. All we want to do is to persuade politicians to "do the right thing" when it comes to public policy regarding the right to keep and bear arms (RKBA). One way to work toward this end is to try to get strong pro-RKBA language inserted in the platforms of all political parties. At the moment, there is an unusual opportunity for you to have influence in this direction. The Republican National Committee is currently soliciting public input on its website to help shape that party's national platform at its upcoming convention. Even people who are not affiliated with the Republican Party are being invited to provide input regarding what should be in the platform. GOUtah! does not endorse the Republican Party, nor are we affiliated with it. We're merely pointing out that you have a chance to help shape the platform of a major political party, even if you're not affiliated with that party. This would be a good opportunity for large numbers of gun owners to flood that party's website with requests to include a strong statement in its national platform that clearly supports the right to keep and bear arms. The place to submit your ideas for a pro-RKBA platform plank is: http://www.gopconvention.com/contents/goplive/platform/ Be creative and come up with your own language, or cut and paste the "canned" paragraph below if you wish. What will really count is the total number of pro-RKBA comments they get, so any pro-RKBA suggestion you make will be helpful. And, if your wording is particularly compelling, some of it might even find its way into the platform. Who knows? It certainly can't hurt for you to try. Here's our "canned" proposed platform language that you can copy or modify if you don't wish to come up with your own paragraph: "We unequivocally support the right of all individuals who legally reside in the United States to own and carry small arms and ammunition for legitimate purposes, including (but not restricted to) personal self-defense, civil defense, and lawful recreation. We call for the repeal of all federal laws that restrict the manufacture, sale, possession, and carrying of small arms and ammunition, with the possible exception of laws restricting the possession of weapons in secure federal facilities explicitly designated by Congress, such as federal prisons. We also encourage federal funding for the construction and maintenance of public shooting ranges and for civilian marksmanship instruction." Note: We use the word "federal" in the above sample text, because this is a national party platform we're talking about. It is, presumably, up to state parties to deal with state laws in their own separate platforms. Of course, you need not be bound by this if you create your own text. Also, the constitutional purists among you have undoubtedly noted that the Tenth Amendment allows the federal government to exercise only those powers which are explicitly granted to it by the Constitution. Interestingly, while the Constitution grants the federal government no authority to restrict the possession of firearms, Section 8 of Article 1 authorizes Congress to provide money for "disciplining the Militia". In 18th-century military terminology, "disciplining", as used in this context, does not refer to punishment. Instead, it means what we would today call "training". The Militia, as defined by current federal law (USC 10-311b), includes a large segment of the general civilian population who are not enrolled in either the military reserves or the National Guard, and who do not currently have access to the facilities or training programs available to government personnel. It is therefore within Congress' constitutional mandate to fund public shooting ranges in all 50 states and to provide free marksmanship instruction for civilians. UPDATE ON "ASSAULT WEAPON" BAN Thanks to your e-mails, phone calls, and faxes to Senate Majority Leader Bill Frist in response to GOUtah! Alert #210, Sen. Frist developed some backbone and used his parliamentary powers to prevent Sen. Dianne Feinstein' s "assault weapon" legislation from being attached to an unrelated lawsuit-reform bill. This is great news. Congress is now in recess, but will reconvene in early September and will have several working days before the "assault weapon" ban expires on September 13. Gun Owners of America (http://www.gunowners.org) believes that there might be an effort to resurrect the ban in the House of Representatives during that period. We urge you to contact your congressman and encourage him to oppose any legislation designed to renew the ban. You may use the pre-written letter below if you wish, or you may write your own letter or make a phone call. Faxes and e-mail are faster than snail-mail, which often gets delayed due to bio-terrorism countermeasures in place at Congressional mail facilities. All three congressmen from Utah have been quoted as saying that they oppose the renewal of the ban. However, it would be good for them to get a flood of letters encouraging them to stick with their stated positions in the event that it comes down to an actual vote. Also, if they get needled by the local anti-gun news media for opposing the ban, it will help them to be able to say that the letters, faxes, e-mails, and phone calls they've been receiving from their constituents have been running 10-to-1 (or 20-to-1, or 100-to-1, as the case may be) against renewing the ban. 1st Congressional District Representative Rob Bishop 324 25th Street Suite #1017 Ogden, UT 84401 Phone: (801)625-0107 Webmail: http://www.house.gov/writerep 2nd Congressional District Representative Jim Matheson 125 State Street, Room 2311 Salt Lake City, UT 84138 Phone: (801)524-4394 FAX: (801)524-5994 e-mail: jim.matheson@mail.house.gov 3rd Congressional District Representative Chris Cannon 51 South University Drive, Suite #319 Provo, UT 84606 Phone: (801)379-2500 FAX: (801)379-2509 Outside Utah County Call: 1-800-571-2971 e-mail: Cannon.ut03@mail.house.gov _________________________________________ That concludes GOUtah! Alert #211 - 5 August 2004. Copyright 2003 by GOUtah!. All rights reserved. PRE-WRITTEN LETTER BELOW: - ------------------ Cut Here ---------------------- Date: From: To: Dear Representative _____________________: I urge you to oppose any attempt in the House of Representatives to pass legislation which would re-authorize the 1994 federal "assault weapon" law, which is due to sunset in September. The "assault weapon" ban prohibits certain semiautomatic firearms based purely on their cosmetic appearance. It also prohibits civilian ownership of magazines manufactured after 1994 with capacities greater than 10 rounds for use in any firearm, including personal self-defense weapons. This law has angered millions of American gun owners for the past ten years and clearly violates the Second Amendment, without having had any demonstrable impact on violent crime. It needs to be allowed to expire. Sincerely, - ---------------------------- Cut Here ---------------------------- To Subscribe, send a blank message to: goutah-subscribe@yahoogroups.com To Unsubscribe, send a blank message to: goutah-unsubscribe@yahoogroups.com Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/goutah/ <*> To unsubscribe from this group, send an email to: goutah-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ________________________________________________________________ The best thing to hit the Internet in years - Juno SpeedBand! Surf the Web up to FIVE TIMES FASTER! Only $14.95/ month - visit www.juno.com to sign up today! - - ------------------------------ End of utah-firearms-digest V2 #261 ***********************************